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Home My WebLink About20042677.tiff BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE AUG 2 3 2004 STATE OF COLORADO °? • STIPULATION AND AGREEMENT IN THE MATTER OF: Rafferty's, Inc. D/B/A Rafferty's 5990 West 10th Street Greeley, Colorado 80634 License No.: 14-19323-0001 THIS AGREEMENT BETWEEN the State of Colorado, Liquor Enforcement Division ("Division") and Rafferty's, Inc., d/b/a Rafferty's, 5990 West 10th Street, 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 I (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 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 license to take place as follows: A. License to be actively suspended for three (3) days from 12:01 a.m. on September 1, 2004 until 11:59 p.m. on September 3, 2004. B. fatal 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: 'G IA'" t 2004-2677 © q- 0g -04 Stipulation and Agreement Rafferty's 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 three 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 May 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$389.23. 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 August 30, 2004. 6. Upon the payment of the fine as agreed upon in Paragraph 5, Licensee's three-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 fill three-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 Stipulation and Agreement Rafferty's Page 3 suspension presently held in abeyance, pursuant to this agreement. This Stipulation,Agreement,and Order shall not be effective unless and until approved by the state licensing authority. 94;F29 a Matt D. Cook Don Edick Director Rafferty's, Inc. Liquor Enforcement Division f_s y DATE DATE APPROVED and ORDERED this 96 day of 2004 M. Michael Cooke State Licensing Authority Executive Dnwtor Department of Revenue t BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO • ORDER TO SHOW CAUSE AND NOTICE OF HEARING IN THE MATTER OF: RAFFERTY'S INC D/B/A RAFFERTY'S 5990 W. 10m ST GREELEY, COLORADO 80634 LICENSE# 14-19323-0001 WHEREAS, it has been made to appear to the State Licensing Authority, Executive Director, Department of Revenue, State of Colorado, that Rafferty's Inc, D/B/A Rafferty's, 5990 W. 10th St., Greeley, Colorado, 80634, License No. 14-19323-0001, ("Licensee"), has violated the st4tutes or the rules and regulations of the Department of Revenue governing its license in the following particulars: d. Pursuant to Regulation 47-922 (1) 1 C.C.R, 203-2. Gambling. No person licensed under Articles 46, 47 and 48 of Title 12 to sell at retail shall authorize or permit on the licensed premises any gambling, or use of any gambling machine or device, or the use of any machine which may be used for gambling. A. It is alleged that on May 26, 2004, an undercover Department of Revenue investigator observed the licensed establishment permitting gambling by patrons with the use of Dice; "Shake a Day". It is further alleged that on June 9, 2004 an undercover Department of Revenue investigator was able to participate in gambling("Shake a Day"dice game) on the licensed premises. 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 Notice of Hearing Rafferty's page 2 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. 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(s),the State Licensing Authority may consider, in selecting the sanction to be imposed against you, all prior violations of the Colorado Liquor or Beer Code(s)by you as well as any sanctions previously imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed or delivered to the above-mentioned Licensee. Ln IN WITNESS REOF,I have hereunto set my hand and seal of my office this `l day of , 2004. iiwai.,4 M. Michael Cooke Executive Director Colorado Department of Revenue State Licensing Authority STATE OF COLORADO LIQUOR/TOBACCO ENFORCEMENT DIVISION Department of Revenue Business Location e _ 1881 Pierce Street,Suite 108A• Lakewood, Colorado 80214 Phone 303.205.2300 - FAX 303.205.2341 Bill Owens E-mail:nhamby@spike.dor.state.co.us Governor Website:www.revenue.state.co.us/liquor_dir/liquor.html M.Michael Cooke Executive Director Matt D.Cook Division Director • Certificate of Mailing I hereby certify that a true and correct copy of the foregoing Stipulation and Agreement was duly placed in the United States Mail postage prepaid, this 30TH day of August, 2004 addressed as follows: Rafferty's Inc. D/b/a Rafferty's 5990 West 10th Street Greeley, CO 80634 Liquor Enforcement Division Investigator Dave Reed 800 8th Ave Ste 325 Greeley CO 80631 Weld County Clerk 915 10th Street Greeley, CO 80632 am Progra . - - - -nt ll Colorado Liquor Enforcement Div sion 1881 Pierce Street, Suite 108A Lakewood CO 80214 303-205-2306 DR 8481 (09/03) Hello