HomeMy WebLinkAbout20260076 fin COLORADO
c -- Department of Revenue
cos
Specialized Bunnea Crow
Liquor b Tobacco
Physical Address: Mailing Address:
1707 Cole Blvd.,Ste. 300 Colorado Liquor Enforcement Division
Lakewood,CO 80401 P.O.Box 17087
Denver,CO 802 1 7-008 7
December 8,2025
Ion,LLC
d/b/a McCarty's Eaton
PO Box 240
Eaton,CO 80615
mccartys39ecc(acr�gmai I.com
Dear Licensee:
Attached is the proposed Stipulation,Agreement,and Order("Order")regarding allegation(s)of violation(s)of
the Colorado Liquor Code by your licensed entity. The attached Order is subject to the provisions of Rule 408
of the Colorado Rules of Evidence as an offer in compromise and statements made in compromise negotiations.
This Order has important legal consequences.Please carefully read the terms of the Order.You should consider
consulting legal counsel to advise you.
You may resolve this matter by signing and returning the attached Order and stated fine to the Liquor and
Tobacco Enforcement Division ("Division") using the address above or email the executed order to
led adminactions@state.co.us. To exercise this option, the Division must receive the signed Order and fine
payment by the date on the Order. The fine is due on the date specified within the Order and needs to be
submitted at the same time as the signed Order so your fine can be appropriately processed.The associated fine
may be paid by Certified Check or Cashier's check mailed to the mailing address above or paid online at:
https://secure.colorado.gov/payment/liquor. If the Division does not receive the signed Order and payment by
that time, the offer to settle expires,and the terms and conditions presented and offered in the attached Order
become null and void. If you fail to respond by the date in the Order,or if you do not agree to the terms of the
Order,an Order to Show Cause will be issued,and a hearing will be scheduled to determine the merits of the
allegations contained in the Order. Should an Order to Show Cause be issued and the matter proceed to hearing,
the Division may seek up to the maximum penalty allowed by law,if warranted by the circumstances.
The Order contains a proposed suspension time with proposed suspension dates,along with an established fine
amount to be paid in lieu of the active suspension time.The suspension dates are negotiable,but the fine amount
is not. The fine is due on the date specified within the Order,and needs to be submitted at the same time as the
signed Order so your fine can be appropriately processed.
To discuss matters relating to this notice and the attached Order, you should contact
led adminactions@state.co.us within ten(10)days of the date of this notice.
Sincerely,
Mic%CCc —Vag EGt.fr i
Michelle Stone-Principato
Division Director
Liquor and Tobacco Enforcement Division
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BEFORE THE EXECUTIVE DIRECTOR,DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION,AGREEMENT,AND ORDER
SA 25-LW-377
IN THE MATTER OF:
Ion, LLC
d/b/a McCarty's Eaton
37661 County Road 39
Eaton,CO 80615
mccartvs39eccA¢mail.com
Hotel&Restaurant (County)License No.03-17805
The State of Colorado,Liquor and Tobacco Enforcement Division("Division")and Ion, LLC,
DB/A McCarty's Eaton, 37661 County Road 39,Eaton,Colorado 80615 ("Licensee")hereby
stipulate and agree as follows:
1. Licensee has been the subject of an investigation conducted by the Division. Agents of the
Division allege violation of the Colorado Liquor Code, Section 44-3-901(1)(b)(I).
IT IS ALLEGED THAT:
A. On November 7, 2025, the Colorado Liquor and Tobacco Enforcement Division
(LIED)conducted compliance check operations in Eaton,Weld County,Colorado.
a. The compliance check operation utilized a nineteen-year-old underage
operative, 25MLK19136.
B. During the operation, 25MLK19136 entered the Licensee's licensed premises,
located at 37661 County Road 39, Eaton, Colorado 80615.
C. The Licensee, by and through its employee/agent, Sarah White, permitted the
selling, serving, giving, or procuring of an alcohol beverage (Bud Light, 4.2%
alcohol by volume(malt beverage))to 25MLK19136.
2. Licensee acknowledges receipt of sufficient notice, advisement of rights, and process of
the proceedings and wishes to resolve all issues which were the subject of the investigation,
by entering into this Stipulation, Agreement, and Order("Order").
Stipulation,Agreement,and Order
McCarty's Eaton
Lakewood Office
Page 2
3. The Division and Licensee have discussed the merits of the investigation and allegations,
and they have come to a mutual agreement and understanding to jointly propose to the
State Licensing Authority a resolution of the allegations in lieu of proceeding to the
issuance by the State Licensing Authority of an Order to Show Cause and conducting a
hearing to determine the merits of such allegations.The terms and conditions of this Order
are subject to approval by the State Licensing Authority.
4. Licensee admits the violations as alleged above in paragraph 1.
5. Licensee agrees, in lieu of the issuance of an Order to Show Cause, and subsequent
proceedings,to submit to the following sanctions:
A. A seven(7)day suspension of Licensee's Hotel &Restaurant(County)License
to take place as follows:
i. License to be actively suspended for three (3) days from 12:01 a.m. on
Friday.January 16.2026,until 11:59 p.m. on Sunday.January 18,2026.
ii. During any period of active license suspension,Licensee shall post signs on
its premises in compliance with Regulation 47-600(F), 1 C.C.R. 203-2.
iii. Four(4) days of the suspension to be held in abeyance for a period of one
(1)year, from the date of approval of this agreement by the state licensing
authority, pending no further violations of the Colorado Liquor Code
Section 44-3-901(1)(b)(I),C.R.S.,during this period.
6. The Licensee has filed a written petition to the Division in accordance with 44-3-601(3),
C.R.S.requesting that the Licensee be allowed to pay a fine in lieu of active suspension in
paragraph 5(A)(i).The Division finds that the petition supports the following:
A. That the public welfare and morals would not be impaired by permitting the
Licensee to operate during the period set for suspension and that the payment of the
fine will achieve the desired disciplinary purposes; and
B. That the books and records of the Licensee are kept in such a manner that loss of
sales of alcohol beverages which the Licensee would have suffered had the
suspension gone into effect can be determined with reasonable accuracy.
7. The parties agree that the fine shall be the equivalent of twenty percent (20%) of the
Licensee's estimated gross revenues from the sales of alcohol beverages during a period of
three(3)days, except that the fine shall not be less than five hundred dollars($500.00)nor
Stipulation,Agreement,and Order
McCarty's Eaton
Lakewood Office
Page 3
more than one-hundred thousand dollars($100,000.00).The parties agree that the average
days' sales for the month of November 2025 shall be the appropriate measure of said
estimated gross revenues. Based upon these records, the amount of the fine has been
determined to be$1,190.82.
A. Payment of the fine pursuant to the provisions of this agreement shall either be
made online at https://secure.colorado.gov/pavment/liquor, select Administrative
Action Fee or Fine and include the amount listed above or shall be in the form of a
certified check or a cashier's check made payable to the Colorado Department of
Revenue. Said fine shall be paid and mailed to the Department of Revenue, Attn:
Liquor and Tobacco Enforcement Division, P.O. Box 17087, Denver, Colorado
80217-0087,on or before Friday.January 2,2026.
B. Upon the timely payment of the fine agreed upon in this paragraph,Licensee's three
(3) day suspension as set forth in paragraph 5(A)(i) of this stipulation and
agreement shall be deemed automatically permanently stayed.
C. If the Licensee fails to make payment in a timely manner as detailed in this
paragraph,the full three(3)day suspension shall be served as detailed in paragraph
5.
8. This Order shall be admissible as evidence in future proceedings concerning any alleged
violation of this Order. The matters at issue in said future proceeding shall be limited to
the question of whether or not Licensee has failed to comply with the terms of this Order.
Any issues relating to the underlying complaint or investigation that formed the basis for
action against Licensee (and any defenses that Licensee may have to such complaint and
investigation)shall specifically not be at issue in the proceeding against Licensee for failing
to comply with the terms of this Order. In the event an alleged violation of this Order is
taken to hearing and the State Licensing Authority determines that the allegations are
proven, or Licensee enters into a stipulation in lieu of hearing in which it admits such
allegations, the State Licensing Authority shall, in addition to any other penalty imposed,
order Licensee to serve all or any days of suspension presently held in abeyance pursuant
to this agreement. In the event an alleged violation of this Order is taken to hearing and the
State Licensing Authority determines that the allegations are unproven, then the Division
shall take no further action and this Order shall remain operative and in full force and effect.
9. Upon execution by all parties, this Order and all its terms shall have the same force and
effect as an order entered after a formal hearing pursuant to § 44-3-601,C.R.S.,except that
it may not be appealed. Failure to comply with the terms of this Order may be sanctioned
by the State Licensing Authority as set forth in §§44-3-103(19)(b)and 44-3-601,C.R.S.
Stipulation,Agreement,and Order
McCarty's Eaton
Lakewood Office
Page 4
10. Licensee expressly agrees and acknowledges that Licensee has entered into this Order
knowingly and voluntarily. Licensee acknowledges that the terms of this Order were
mutually negotiated and agreed upon. After the opportunity to consult with legal counsel,
Licensee affirms that Licensee has read this Order and fully understands its nature,
meaning and content. Licensee agrees that upon execution of this Order, no subsequent
action or assertion shall be maintained or pursued by Licensee asserting the invalidity in
any manner of this Order.
11. Upon execution by all parties, this Order shall represent the entire and final agreement of
the parties. In the event that any provision of this Order is deemed unenforceable by a court
of competent jurisdiction,such provision shall be severed, and the remainder of this Order
shall be given full force and effect.
12. Licensee understands and knowingly and voluntarily enters into this Order. Licensee
further understands and knowingly and voluntarily waives the following rights:
A. The right to a formal disciplinary hearing on the merits of the matters forming the
basis of this Order and the right to require the State Licensing Authority to meet its
burden of proof in a formal hearing;
B. The right to cross-examine all witnesses against Licensee at a formal hearing;
C. The right to subpoena witnesses,present evidence and to testify on Licensee's own
behalf at a formal hearing;
D. The right to be represented by counsel of Licensee's own choosing and at Licensee's
expense at any stage of this proceeding;
E. The right to engage in pre-hearing discovery of the State Licensing Authority's
evidence; and
F. The right to appeal this Order.
13. All the costs and expenses incurred by Licensee to comply with this Order shall be the sole
responsibility of the Licensee,and shall not in any way be the obligation of the Division.
14. This Order shall be effective on the date approved and ordered by the Executive Director
of the Department of Revenue,as the State Licensing Authority. Should the State Licensing
Authority reject the terms hereof, Respondent's admissions herein shall be withdrawn,and
the matter scheduled for a hearing after issuance of an Order to Show Cause.
Stipulation,Agreement, and Order
McCarty's Eaton
Lakewood Office
Page 5
15. Upon approval and order of the State Licensing Authority, this Order shall become a
permanent part of the record,and shall be open to public inspection and published pursuant
to the Division's standard policies and procedures or applicable law.
Digitally signed by
Michelle Stone- Michelle Stone-Pnncipato
Principato Date:2025.12.31
12:25:08-07'00'
Michelle Stone-Principato aniel Kostrewa
Division Director Ion, LLC
Liquor and Tobacco Enforcement Division
�Zj2.6f25
Date
APPROVED and ORDERED as dated in the Electronic Signature below.
Heidi Digitally signed by Heidi
Humphreys
Humphreys Da
,5te:55 20245-07 00'8.01.0g
Heidi Humphreys
Executive Director/CEO
Department of Revenue
State Licensing Authority
Telecopy or electronic versions of this stipulation which contain telecopy facsimiles of signatures shall be
deemed duplicate executed originals of this stipulation. This stipulation may be executed in counterparts
and delivered by facsimile, U.S. Mail(or private carrier), or.pdf transmission.
Stipulation,Agreement,and Order
McCarty's Eaton
Lakewood Office
Page 6
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing STIPULATION,
AGREEMENT,AND ORDER was placed in the United States Mail and
transmitted via electronic mail on the date in the electronic signature below,
addressed as follows:
Licensee Business Address Licensee Mailing Address
Ion,LLC Ion, LLC
d/b/a McCarty's Eaton d/b/a McCarty's Eaton
37661 County Road 39 PO Box 240
Eaton,CO 80615 Eaton, CO 80615
mccartvs39ecc(a,gmail.com mccartys39eccQgmail.com
Hotel & Restaurant (County) License No.
03-17805
Liquor and Tobacco Enforcement Division
P.O. Box 17087
Denver,CO 80217-0087
led adminactions(a),state.co.us
Jennifer Digitally signed by
Jennifer Bruner
Bruner Date:2026.01.13
14:37:31-0T00'
Jennifer Bruner
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