HomeMy WebLinkAbout20011721.tiff BEFORE THE EXECUTIVE DIRECTOR
DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION, AGREEMENT AND ORDER
IN THE MATTER OF:
BEAR'S SPORTS SALOON, INCORPORATED
d/b/a BEAR'S SPORTS SALOON
2519 EIGHTH AVENUE
GREELEY, COLORADO 80631-8409
License number: 09-74681
The State of Colorado, Liquor Enforcement Division (hereafter referred to as the "Division") and
Bear's Sports Saloon, Incorporated d/b/a Bear's Sports Saloon, 2519 Eighth Avenue, Greeley,
Colorado (hereafter, "Licensee") offer this agreement to settle the matters detailed in the attached
Order to Show Cause and Notice of Hearing (hereafter, "the 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 parties agree that the tavern liquor license of Licensee shall be suspended for forty-five
days as a penalty for violating the Colorado Liquor Code as set forth in the Notice. The
suspension shall take place as follows:
A. The license will be actively suspended for fourteen days from 12:01 a.m. on Friday.
August 24, 2001 until 11:59 p.m. on Thursday, September 6, 2001.
B. Thirty-one days of this suspension will be held in abeyance for one year from the date
that the State Licensing Authority approves this agreement, pending no further violations of
the Colorado Liquor Code during this period.
C. During the period of active license suspension, Licensee will post the premises in
compliance with Regulation 47-600(F), 1 C.C.R. 203-2.
3. Pursuant to section 12-47-601 (3), C.R.S. (2000), Licensee petitions, and the Division agrees,
that the Licensee should be allowed to pay a fine in lieu of suspension for the last eleven of the
aforementioned fourteen days (August 27, 2001 through September 6, 2001). In this regard, the
parties agree as follows:
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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 thereof; 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 years immediately preceding the date of the
complaint which has resulted in this Stipulation and Agreement.
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 alcoholic beverages during a period of
eleven days, except that the fine shall not be less than two hundred dollars ($200.00) or more
than five thousand dollars ($5,000.00). The parties agree that the average day's sales for the
month of January 2001 shall be the appropriate measure of said estimated gross revenues. Based
upon these records, the amount of the fine has been determined to be $ 13y � I� J /
5. Payment of the fine pursuant to the provisions of this Agreement shall be in the form of cash,
certified check or cashier's check made payable to the Colorado Department of Revenue. The
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fine shall be paid to the Department of Revenue before 5:00 p.m. on Fr ey,'June r2 r, 2001. If a
Licensee fails to make the payment as described, the full fourteen-day suspension shall be served ,2
as detailed in Paragraph 2. 9
6. Upon timely payment of the fine in Paragraph 5, the last eleven of the fourteen-day
suspension set forth in Paragraph 2 of this Agreement (August 27, 2001 through September 6,
2001) shall be satisfied. Failure to timely pay the fine shall result in these last eleven of the
fourteen day suspension being actively served with no option for payment in lieu of suspension.
7. For one year from the date of this Agreement's approval, Licensee shall maintain a video
recording system at the entrance of the establishment that shall record the faces (and other
features as available) of its patrons whenever more than two employees are on duty. Licensee
shall retain the recordings for at least thirty days.
S. Licensee agrees that, in August 2001, all employees of Bear's Sports Saloon shall be
trained/retrained in the sale and service of alcohol beverages by an independent training agency
(e.g., TIPS, TAMS, BARS or Bar Code). Licensee shall provide proof of the training and its
attendees to the Division before 5:00 p.m. on Friday, August 31, 2001.
9. If, at any subsequent hearing or stipulation in lieu of hearing, the State Authority finds that
the Licensee violated any provision of the Colorado Beer or Liquor Codes (including all
regulations thereunder) during the aforesaid one-year period, then the State Authority shall, in
addition to any other penalty imposed, order Licensee to serve any or all days of suspension held
in abeyance pursuant to this agreement.
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10. Licensee and its attorney shall personally meet with the State Authority within forty-five
days of the approval of this agreement.
11. Licensee's failure to comply with any term or condition of this Agreement shall activate the
portion of the suspension that was held in abeyance pursuant to Paragraph 2B (thirty-one days).
12. This Stipulation, Agreement, and Order shall not be effective unless and until approved by
the Colorado State Licensing Authority.
READ CAREFULLY BEFORE SIGNING -- ONCE THIS AGREEMENT IS FULLY
EXECUTED BY ALL PARTIES AND APPROVED BY THE STATE LICENSING
AUTHORITY, ALL TERMS AND CONDITIONS ARE IRREVOCABLE AND
UNCHANGEABLE.
J S EAKLE Date
sident and General Manager
B at-s orts Sa on, Inc.
ATRICK H. NWORTH, #28295 Date
Attorney for
Bears Sports Saloon, Inc.
DAVID C. REITZ / Date
Director
Liquor Enforcement Division
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APPROVED and ORDERED this c day of r 2001.
G� -�c
ORGE E. RNER
State Licensing ority
Colorado Department of Revenue
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Page 4 of 4
BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
STATE OF COLORADO
ORDER TO SHOW CAUSE AND NOTICE OF HEARING
IN THE MATTER OF:
BEARS SPORTS SALOON, INCORPORATED
D/B/A BEARS SPORTS SALOON
2519 8n1 AVENUE
GREELEY, COLORADO 80631-8409
LICENSE NO. 09-74681
WHEREAS, it has been made to appear to the State Licensing Authority, Executive
Director, Department of Revenue, State of Colorado, that Bears Sports Saloon, Incorporated,
DB/A/Bears Sports Saloon, 2519 8th Avenue, Greeley, Colorado 80631-8409, License No. 09-
74681, ("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, to a visibly
intoxicated person, or to a known habitual drunkard.
A. It is alleged that on or about January 15, 2001, the Licensee, through its employee or
agent, Joshua D. Neiman, permitted the sale of an alcohol beverage to Christina
Graziano (date of birth 10-31-1980), a person under the age of twenty-one years.
B. It is alleged that on or about January 15, 2001, the Licensee, through its employees
or agents, Joshua D. Neiman and Scott M. Caranna, permitted the serving, giving or
procuring of any alcohol beverage to or for Thomas E. Montgomery (date of birth
02-03-1980), Jennifer L. Andrews (date of birth 06-18-1980),Robinson K. Huss
(date of birth 03-17-1980), James J. Schwartz III (date of birth 02-03-1980), Ellie
D. Weidner (date of birth 08-07-1980), Megan D. Schwartz (date of birth 09-13-
1981), Courtney Strong (date of birth 03-07-1981), Anne K. Kabigting (date of birth
05-18-1980), and Nicole M. Hicks (date of birth 07-01-1980), all persons 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.
Show Cause Notice
Bears Sports Saloon
Page 2
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 David Sauter, at (970) 356-3992 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.
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 Show
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 Director does find you in violation of any of the above-
cited section(s) of the Colorado Liquor or Beer Code, in addition to any Direct Sanction the
Director may impose, the Director may impose, continue, or modify any conditions on your license,
including suspension on probation, fine on probation or any other limitation on your license
privileges which existed when the aforementioned violations arose.
IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed or
delivered to the above-mentioned Licensee.
1N SS WHEREOF, I have hereunto set my hand seal of my office this Z
day of , 2001.
TA ICEN G A ORITY
DEPARTME OF
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