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BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION, AGREEMENT AND ORDER
IN THE MA 1 [ER OF:
RJML,L.L.C.
D/B/A La Maravilla Restaurant
13015 WCR 16
Ft.Lupton, Colorado 80621
License No.: 40-48501
THIS AGREEMENT BETWEEN the State of Colorado, Liquor Enforcement Division
("Division") and RJML, L.L.C., d/b/a La Maravilla Restaurant, 13015 WCR 16, Ft. Lupton,
Colorado 80621 ("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"). The
above-named parties submit and agree as follows:
1. The facts and allegations contained in the Notice are true and accurate.
2. The Licensee agrees to a seven(7)day suspension of its hotel and restaurant liquor
license as a penalty for its violation of the Colorado Liquor Code as set forth in
Paragraph 1 of this Stipulation and Agreement. Said suspension of Licensee's hotel
and restaurant liquor license to take place as follows:
A. License to be actively suspended for two(2)days from 12:01 a.m. on February
25,2005 until 11:59 p.m. on February 26, 2005.
B. Five (5) days of 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 during this period.
C. During any period of active license suspension,Licensee will post its premises in
compliance with Regulation 47-600(F), 1 C.C.R. 203-2.
3. The Licensee petitions and the Division agrees that the Licensee shall be allowed to
pay a fine in lieu of suspension in accordance with 12-47-601(3), C.R.S. In this
regard,the parties agree as follows:
2005-1002
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Stipulation and Agreement
La Maravilla
Page 2
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
therefore; and
C. That the Licensee has not had its license suspended or revoked,nor had any
suspensions stayed by the payment of a fine, during the two (2) years
immediately preceding the date of the complaint which has resulted in this
Stipulation and Agreement; and
4. 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 two days, except that the fine shall not be less than two hundred dollars
($200.00)nor more than five thousand dollars($5,000.00). The parties agree that the
average day's sales for the month of November 2004 shall be the appropriate
measure of said estimated gross revenues. Based upon these records,the amount of
the fine has been determined to be $556.44.
5. Payment of the fine pursuant to the provisions of this Agreement 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 to the Department of Revenue on or before
February 16,2005.
6. Upon the payment of the fine as agreed upon in Paragraph 5, Licensee's two-day
suspension as set forth in Paragraph 2 of this Stipulation and Agreement shall be
deemed automatically stayed.
7. If the Licensee fails to make payment in a timely manner as detailed in Paragraph 5
of this Stipulation and Agreement, the full two-day suspension shall be served as
detailed in Paragraph 2.
If at any subsequent hearing or stipulation in lieu of hearing, the state licensing authority
should find that the Licensee, during the aforesaid one-year period, violated any provision of the
Colorado Beer or Liquor Codes, including all regulations thereunder, then 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.
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Stipulation and Agreement
La Maravilla
Page 3
This Stipulation, Agreement, and Order shall not be effective unless and until approved by
the state licensing authority.
Matt D. Cook R en Rodriguez
Director RJML,L.L.C.
Liquor Enforcement Division
- 'p-OO.1r day los—
Date Date
APPROVED and ORDERED this day of 2005.
M. Michael Cooke
State Licensing Authority
Executive Director
Department of Revenue
BEFORE EXECUTIVE DIRECTOR,DEPARTMENT OF REVENUE
STATE OF COLORADO
ORDER TO SHOW CAUSE AND NOTICE OF HEARING
IN THE MATTER OF:
RJML, LLC
D/B/A LA MARAVILLA RESTAURANT
13015 WCR 16
FT. LUPTON, COLORADO 80621
LICENSE NO: 40-48501
WHEREAS, it has been made to appear to the State Licensing Authority, Executive Director,
Department of Revenue, State of Colorado, that RJML, LLC, D/B/A La Maravilla Restaurant,
13015 WCR 16, Ft. Lupton, Colorado 80621, License No. 40-48501 ("Licensee"), has violated
the statutes or the rules and regulations of the Department of Revenue governing its license in the
following particulars:
I. Pursuant to 12-47-901 (1) (a), 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.
A. It is alleged that on or about November 12, 2004, the Licensee, through its agent
or employee, Julia Esther Camacho Medina, permitted the sale, serving, giving, or
procuring of an alcohol beverage (Bud Light brand malt liquor) to a Colorado
Liquor Enforcement Underage Operative (DOB 08/22/1984, age 20), a person
under the age of twenty-one years.
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 Hearing, 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 ten
(10) days of the date of this Notice to arrange such a conference. If you fail to contact the
Division within ten(10) days, a hearing date will be set without further notice to you; and you
will then be notified of that hearing date by letter.
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