HomeMy WebLinkAbout931137.tiff I
T„
COLORADO LIQUOR ENFORCEMENT DIVISION
INVESTIGATIVE REPORT: CASE NO: 93-02-079
93-02-080 CLE:T
93-02-081j ' -
DATE : June 21 , 1993
INVESTIGATOR: David Sauter
VIOLATOR: ZANE RICHARD PAVLICA
D/B/A HOMESTEAD SALOON
W.C.R. 136 BLDG 39520
HEREFORD, COLORADO 80723
LICENSE NO. T-14-29235
STATUTES VIOLATED: 12-47-119 . 5 ( 1 ) , a
tavern license shall be
issued to persons selling
malt, vinous , or
spirituous liquors by the
drink only to customers
for consumption on the
premises. TO WIT:
It is alleged that
on or about June 19 ,
1993 , at approximately
1 : 15 p.m. , Licensee
permitted the
Investigator David
Sauter, and other
unidentified customers to
carry malt beverages off
the licensed premise .
Regulation 47-128 . 8, no
licensee, manager or
agent of any
establishment licensed
for on-premises
consumption shall permit
the removal from the
licensed premises of any
alcoholic liquors in
sealed or unsealed
containers. TO WIT :
ail g3
ledk , Coo..4 931137
(?e j SD ; <eOO2'I
Homestead Saloon
June 21, 1993
Page 2
It is alleged that on or
about June 19, 1993, at
approximately 1 : 15 p.m. ,
Licensee permitted the
Investigator David
Sauter, and other
unidentified customers to
carry malt beverages off
the licensed premise .
OFFENSE DATES : June 19 , 1993
PLACE OF OFFENSE: Hereford, Colorado
MONEY VALUE INVOLVED: N/A
VICTIM: State of Colorado
SYNOPSIS:
It is alleged that the establishment known as the Homestead
Saloon is selling to minors, allowing drugs to be sold on the
licensed premise, and selling beer to go.
DETAILS OF OFFENSE:
On or about June 14 , 1993 , Investigator David Sauter of the
Colorado Liquor Enforcement Division (W-1 ) was asked by Trooper
Bailey of the Colorado State Patrol to investigate complaints
concerning the Homestead Saloon selling to minors , and selling
drugs. Sauter contacted the Colorado State Patrol and requested
any reports that they may have on the alleged complaints. The
Patrol did not have any reports concerning the alleged
complaints .
On June 19, 1993, at approximately 11 : 15 p.m. Investigator
Sauter entered the Homestead Saloon in and undercover capacity.
Sauter and his cousin Frank Bricher , approached the bar and
ordered two beers . Sauter asked the bartender, whom he
recognized as Tami Lynne VanPelt , where the music was coming
from. VanPelt stated that there was a band playing at the other
bar. Sauter replied to VanPelt that they were going to go over
there and check it out . Sauter and his cousin immediately left
the tavern, carrying out the two beers that they had just
purchased.
Homestead Saloon
June 21 , 1993
Page 3
Sauter and Bricher then walked out of the tavern, down a dirt
path approximately 150 yards to another door and back into the
other side of the licensed premise. The two bars are separated
by bowling lanes, with no access to the two without going off the
licensed premise and then back on. For details of the licensed
premises, review the drawing of the licensed premises attached as
exhibit (E-1 ) .
Sauter had previously warned Pavlica about the way his
licensed premise was set up, and advised him of the potential
violations of the Liquor Code.
Sauter and Bricher then walked into the part of the tavern
where a band was playing. They seated themselves at a table by
the bar . Sauter noticed the owner , Zane Pavlica, seated at the
bar . Pavlica had his back to Sauter and appeared not to have
recognized Sauter . Pavlica had a T-shirt on with the words
"Don' t buck me off Darling" written on the back of it. Sauter
did not notice any apparent Drug transactions on the licensed
premised. A patron in a red jacket with a black cowboy hat then
bought everybody in the tavern a round of drinks . Sauter and
Bricher then left with their beers in plain view of Pavlica and
his two bartenders . Several other patrons where carrying their
drinks on and off the licensed premises. Sauter and Bricher then
went back over to the other part of the licensed premise . Sauter
noticed what appeared to be a couple of minors seated at a table.
The table was located by the pool table . Sauter observed the
minors for approximately one hour , but did not see them consume
or be served and malt, vinous, or spirituous liquor . Sauter and
Bricher then left the establishment.
HISTORY OF VIOLATOR:
Previous suspension of the license for ten days on February
27 , 1991 , with three served and seven held in abeyance for one
year, for selling beer to go out of the tavern.
WITNESS LIST:
W-1 David Sauter, Investigator
Liquor Enforcement Division
Rm. 231 800 8th Ave .
Greeley, Colorado 80631
Ph. 303-356-3992
Homestead Saloon
June 21 , 1993
Page 4
EXHIBIT LIST:
EXHIBIT NUMBER WITNESS CHARGES
E-1 , diagram W-1 D. Sauter 12-47-119. 5 ( 1 )
CONCLUSIONS AND RECOMMENDATIONS:
I would recommend that the State Licensing Authority, suspend or
revoke the liquor license for Zane Pavlica, D/B/A Homestead Saloon,
RD. 136 BLDG 3952, Hereford, Colorado 80723 , License NO. T-14-27672.
BEFORE THE EXECUTIG DIRECTOR, DEPARTMENT OF R. 1NUE
STATE OF COLORADO
ORDER
IN THE MATTER OF:
ZANE RICHARD PAVLICA
D/B/A HOMESTEAD SALOON
W.C.R. 136 BLDG 39520
HEREFORD, COLORADO 80723
LICENSE NO. T-14-29235
FINDINGS AND ORDER
After investigation and pursuant to the Stipulation and
Agreement attached hereto as Exhibit A, the Director, having
reviewed the Stipulation and Agreement offered by the Liquor
Enforcement Division and the above referenced Licensee, does
hereby FIND:
1 . That the terms of the aforesaid Stipulation and
Agreement are acceptable to the Director and are hereby adopted
in full as the findings of the Director.
THEREFORE, the Executive Director, Department of
Revenue, hereby ORDERS:
1 . That the above referenced liquor license be, and
hereby is , suspended for the period and in the manner provided in
the Stipulation and Agreement.
QRDERED AND SIGNED at Denver, Colorado this 74' day
of __J y , 1993
/ ,. t!l,,v U l�
EXECUTIVE DIRE TOR
DEPARTMENT OF REVENUE
BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION AND AGREEMENT
IN THE MATTER OF:
ZANE RICHARD PAVLICA
DB/A HOMESTEAD SALOON
W.C.R. 136 BLDG 39520
HEREFORD, COLORADO 80723
LICENSE NO. T-14-29235
THIS AGREEMENT BETWEEN the State of Colorado, Liquor Enforce ant
Division ("Division") and Zane Pavlica, DB/A Hanestead Saloon, RD.136 BLDG
3952, Hereford, Colorado 80723, License NO. T-14-27672, ("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-nand parties submit and agree as follows:
1. The facts and allegations as set forth in paragraph I and II of
the Notice are true and accurate.
2. Based upon the agreements detailed in paragraph I and II, the
Licensee will serve a TEN (10) day suspension of his Tavern Liquor
License. The suspension of Licensee's Tavern Liquor License to
take place as follows:
A. License to be actively suspended for THREE (3) days fran
12:01 a.m. on JULY 16, 1993 until 11:59 p.m. on JULY 18,
1993.
B. SEVEN (7) days of suspension to be held in abeyance for a
period of one (1) year, fran 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 premise in canpliance with Regulation 47-
110.1, 1 C.C.R. 203-2.
•
Stipulation and Agreernen,
Homestead Saloon
Page 2
If at any subsequent hearing, stipulation in lieu of hearing, the state
authority should find that Licensee, during the aforesaid one-year period,
violated any provision of the Colorado Beer or Liquor Codes, including all
regulations thereunder, then the state authority shall, in addition to any
other penalty inposed, order Licensee to serve all or any days of suspension
presently held in abeyance, pursuant to this agreement.
This Stipulation, Agreement, and Order shall not be effective unless and
until approved by the Colorado State Licensing Authority.
DAV C.
Director Sole Proprietor
Liquor Enforcement vision Homestead Saloon
DATE / 'U DATE
9�
BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
STATE OF COLORADO
ORDER TO SHOW CAUSE AND NOTICE OF HEARING
IN THE MATTER OF :
ZANE RICHARD PAVLICA
D/B/A HOMESTEAD SALOON
W.C. R. 136 BLDG 39520
HEREFORD, COLORADO 80723
LICENSE NO. T-14-29235
WHEREAS, it has been made to appear to the State Licensing
Authority, Executive Director, Department of Revenue , State of
Colorado, that Zane Pavlica, D/B/A Homestead Saloon, RD. 136 BLDG
3952 , Hereford, Colorado 80723 , License NO. T-14-27672
( "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 C.R. S . , 12-47-119 . 5 ( 1 ) , a tavern license
shall be issued to persons selling malt , vinous , or
spirituous liquors by the drink only to customers for
consumption on the premises .
A. It is alleged that on or about June 19 , 1993, at
approximately 1 : 15 p.m. , Licensee permitted the
Investigator David Sauter, and other unidentified
customers to carry malt beverages off the licensed
premise .
II . Pursuant to Regulation 47-128 . 8 , no licensee, manager
or agent of any establishment licensed for on-premises
consumption shall permit the removal from the licensed
premises of any alcoholic liquors in sealed or unsealed
containers .
A. It is alleged that on or about June 19 , 1993 , at
approximately 1 : 15 p.m. , Licensee permitted the
Investigator David Sauter , and other unidentified
customers to carry malt beverages off the licensed
premise .
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.
Notice of Hearing
Homestead 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 R. Sauter , at 303-
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 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, the Director may consider in selecting the
sanction to be imposed against you, all prior violations of the
Liquor or Beer Code 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.
IN WITNESS WHE2EOF , I have hereunto set my hand and seal of
my office this ,2- day of JJLJ , 1993 .
XECU IV �a1FRECT0R
DEPARTMENT OF REVENUE
Hello