HomeMy WebLinkAbout20050806.tiff I �1
COPY
BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION, AGREEMENT, ORDER, AND FORFEITURE ACTION
IN THE MATTER OF:
OUR LITTLE STORE,L.L.C.
D/B/A OUR LITTLE STORE
4821 YELLOWSTONE DRIVE
GREELEY, COLORADO 80634
LICENSE NO: 41-05629-0000
I) THIS AGREEMENT BETWEEN the State of Colorado, Liquor Enforcement Division
("Division") and Our Little Store, L.L.C., d/b/a Our Little Store, 4821 Yellowstone Drive,
Greeley, Colorado 80634 ("Licensee"), is offered for the purpose of a settlement of the
matters detailed in the Order to Show Cause and Notice of Hearing attached hereto as Exhibit
1 (hereinafter"Notice")wherein it is alleged that Licensee allowed an alcohol beverage to be
sold, served, given or exchanged to a Colorado Liquor Enforcement Division Underage
Operative.This violation was detected during a compliance check which is part of a federal
grant obtained from the Office of Juvenile Justice and Delinquency Prevention ("OJJDP"),
Enforcing Underage Drinking Laws ("EUDL")in an effort to deter youth access to alcohol
beverages in Colorado. As a condition of the grant, the Division agreed to encourage
violators to participate in coalitions aimed at reducing underage drinking in exchange for
active days of suspension to be held in abeyance for a one-year period subject to no similar
violations by the Licensee during this period.
II) The aforementioned Licensee opted to waive participation in the coalition activities offered
by the Division; therefore, the above-named parties submit and agree as follows:
A) The facts and allegations contained in the Notice are true and accurate.
B) The Licensee agrees to a five(5)day suspension of its 3.2% beer license as a penalty
for its violation of the Colorado Liquor Code as set forth in Paragraph I of this
agreement.Said suspension of Licensee's 3.2% beer license to take place as follows:
C) License to be actively suspended for five (5) days from, 12:01 a.m. on October 17,
2005 until 11:59 p.m. on October 21, 2005.
2005-0806
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Stipulation and Agreement
Our Little Store
Page 2
D) During any period of active license suspension,the Licensee shall post its premises in
compliance with Regulation 47-600(F), 1 C.C.R. 203-2.
E) Pursuant to Section 12-47-907,C.R.S.,there shall be no property rights of any kind
in any alcohol beverages...or any other things or devices used in or kept for the
purpose of violating any of the provisions of this article or article 46 of this title.
1) The Licensee agrees to forfeit all property rights in one (1) 12 oz. bottle of
Bud Light brand fermented malt beverage, which was sold or used in the
violation(s) alleged in the Notice.
This Stipulation, Agreement,Order,and Forfeiture Action shall not be effective unless and
until approved by the state licensing authority.
Mai /6 es li 4-49/W4/inlefk\
Matt D. Cook Scott Thompson
Director Managing Member
Liquor Enforcement Division
Jo -7-7.4a( N13 for
Date Date
APPROVED and ORDERED this ry day of`SCalkit-4 2005.
AnbSafifigt4
M. Michael Cooke
State Licensing Authority
Executive Director
Department of Revenue
COPY
BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
STATE OF COLORADO
ORDER TO SHOW CAUSE AND NOTICE OF HEARING
IN THE MATTER OF:
OUR LITTLE STORE,LLC
D/B/A OUR LITTLE STORE
4821 YELLOWSTONE DRIVE
GREELEY, COLORADO 80634
LICENSE NO.41-05629-0000
WHEREAS, it has been made to appear to the State Licensing Authority, Executive
Director, Department of Revenue, State of Colorado, that Our Little Store, LLC, D/B/A Our
Little Store, 4821 Yellowstone Drive, Greeley, Colorado 80634 ("Licensee"), has violated the
statutes or the rules and regulations of the Department of Revenue governing its 3.2% beer
license in the following particulars:
I) Pursuant to 12-47-901(1)(a), C.R.S., except as provided in Section 18-13-122, C.R.S., it
is unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver or
permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person
under the age of twenty-one years, to a visibly intoxicated person, or to a known habitual
drunkard.
A) It is alleged that on June 24, 2005 the Licensee, by and through its
employee/agent, Raechelle D. Anzaldua, permitted the sale, serving, giving, or
procuring of an alcohol beverage (Bud Light brand fermented malt beverage), to
LG-05101, an eighteen-year-old Liquor Enforcement Division underage
purchaser.
NOW THEREFORE, you are hereby ordered to appear before me to show cause why
your said license should not be suspended or revoked as by law provided.
A pre-hearing meeting with the Liquor Enforcement Division to discuss matters relating
to this notice, including the setting of a mutually convenient hearing date, may be arranged upon
your request. You should contact Laura Harris, at 303-205-2382 in the Division within twenty
(20) days of the date of this notice to arrange such a conference. If you fail to contact the
Division within twenty (20) days, a hearing date will be set without further notice to you, and
you will then be notified by letter of that hearing date.
COPY
Order to Show Cause and Notice of Hearing
Our Little Store
Page 2
You are entitled to have an attorney represent you at the hearing. If you should retain an
attorney, you should do so well in advance of the hearing. Once a hearing date has been set, a
postponement will not be granted except for good cause shown. If you should fail to appear at
the scheduled time and place for the hearing, testimony will be taken in reference to the
allegations, upon which evidence your license to operate under the terms of the Colorado Liquor
or Beer code may be suspended or revoked.
Please be further advised that if the State Licensing Authority does find you in violation
of any of the above-cited section(s) of the Colorado Liquor or Beer Code, the State Licensing
Authority may consider, in selecting the sanction to be imposed against you, any prior violations
of the Colorado Liquor or Beer Code as well as any sanctions previously imposed.
IT IS FURTHER ORDERED that a copy of this Order to Show Cause and Notice of
Hearing shall be mailed or delivered to the above-mentioned Licensee.
n'/ IN WIT QSS WHERE�JF, I have here unto set my hand and seal of my office this
op
day of L��(j�/Ivta,(__ 2005.
kYktaAtOeni2r
M. Michael Cooke
Executive Director
Department of Revenue
State Licensing Authority
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