HomeMy WebLinkAbout941392.tiff J,A
BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF-
STATE OF COLORADO - 1 {: 22
-.,r
CLE,.,�
ORDER .0 _ . . )
IN THE MATTER OF:
LUCKY STAR CORPORATION
D\B\A LUCKY STAR
33131 HWY 85
LUCERNE, COLORADO 80649
LICENSE NO. T-14-29494
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 .
ORDERED AND SIGNED at Denver, Colorado this day
of 1\C7 L-2 r , 1994 .
E CUTIVE I RE• OR
D PARTMENT OF REVENUE
9-1\nkitc
941392
BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION AND AGREEMENT
IN THE MATTER OF:
LUCKY STAR CORPORATION
D\B\A LUCKY STAR
33131 HWY 85
LUCERNE, COLORADO 80649
LICENSE NO. T-14-29494
THIS AGREEMENT BETWEEN the State of Colorado, Liquor Enforcement
Division ("Division") and the Lucky Star Corporation, D\B\A Lucky Star, 33131
HWY 85, Lucerne, Colorado 80649, License NO. T-14-29494, ("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 paragraph I the Notice are
true and accurate.
2. Licensee agrees to apply for a modification of the licensed
premises before December 1 , 1994.
3. The Licensee agrees to a TEN (10) day suspension of its Tavern
Liquor License as a penalty for its violation of the Colorado
Liquor Code as set forth in paragraph 1 of the Notice. Said
suspension of Licensee's Tavern Liquor License to take place as
follows:
A. License to be actively suspended for FIVE (5) days from
12:01 a.m. on DECEMBER 1 , 1994 until 11 :59 p.m. on
DECEMBER 5, 1994.
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 premise in compliance with Regulation 47-
110. 1 , 1 C.C.R. 203-2.
Stipulation and Agreement
Lucky Star
Page 2
4. The Licensee petitions and the Division agrees that the Licensee
shall be allowed to pay a fine in lieu of suspension in accordance
with 12-47-110 (3). In this regard, the parties agrees as
follows:
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 alcoholic 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
5. 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 30 days, except
A\ that the fine shall not be less than Two Hundred Dollars ($200.00)
l
nor more than Five Thousand Dollars ($5,000.00). The parties
agree that the average day's sales for the month of JUNE, shall be
1k the appropriate measure of said estimated gross revenues. Based
upon these records, the amount of the fine has been determined to
be $652.00.
6. Payment of the fine pursuant to the provisions of this Agreement
shall be in the form of cash or 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 December 1 , 1994.
7. Upon the payment of the fine as agreed upon in Paragraph 5,
Licensee's FIVE (5) day suspension as set forth in Paragraph 3 of
this "Stipulation and Agreement" shall be deemed automatically
stayed.
8. If the Licensee fails to make payment in a timely manner as
detailed in Paragraph 5 of this Stipulation and Agreement, the
full FIVE (5) days suspension shall be served as detailed in
Paragraph 3.
Stipulation and Agreement
Lucky Star
Page 3
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 imposed, 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.
DAVID C. REITZ M E BRANAND
Director resident
Liquor Enforcement Divi ion Lucky Star Corporation
,//_, /1/4/7Y
DATE DATE
)R cu5(07/92)
X)LORADO DEPARTMENT OF REVENUE
375 SHERMAN STREET
IENVER CO 80261
PAYMENT RECEIVED ON ACCOUNT .
OTHER
Taxpayer Name Date Prepared
LUCKY STAR C0RP 11-9-94
OBA Name
LUCKY STAR .
Street Address City LUCERNE CO
CO Zip
33131 HWY 85
Account Number DW Number
- 9St 14-29494
RAS Liability
Codes
$ Short check penalty 1001 11801 49933 2455 3450
$ Photo copies/certi(icating tee 1001 11801 49933 -3115 3230 •
$ Revenue misc.services tee 1001 11801 49933 -3114 3310
• $ 652.O0 Liquor Other. Fine in Lieu 1001 11801 49933 3224 3330
of suspension
$ Other
Prepared by Section Room
liquor Enforcement 600
NTT FOSTER
DATE INVOICE AMOUNT 82-627
• 1070
LUCKY STAR CORPORATION
33131 HIGHWAY 85 P.O. BOX 52
LUCERNE,CO. 80646 13031 351-8000 (�v 5 v 7y�
PAY /�� DOLLARS ' y"
HRS TEi.93a 3%tt3+*Ys)'Sw c: .. . TO T R R+OFK/Ka. x„ GROSS , DESCRI - DISC. I CH HECK AMOU
/ ���r�� ��r� - 'zip l'F.I. A. FED WIT ST.WITH D.
FIRST CHOICE BANK
CO. 2/& �jk?/ 1 2164 35TEEEY,C 80634 �',",G/l,S�/ � l�
BM CD
BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
STATE OF COLORADO
ORDER TO SHOW CAUSE AND NOTICE OF HEARING
IN THE MATTER OF:
LUCKY STAR CORPORATION
D\B\A LUCKY STAR
33131 HWY 85
LUCERNE, COLORADO 80649
LICENSE NO. T-14-29494
WHEREAS, it has been made to appear to the State Licensing
Authority, Executive Director, Department of Revenue, State of
Colorado, that the Lucky Star Corporation, D\B\A Lucky Star,
33131 HWY 85, Lucerne, Colorado 80649, License NO. T-14-29494,
( "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 Regulation 47-106 .2 (A) , after issuance of
a license, the licensee shall make no physical change,
alteration or modification of the licensed premises
which materially of substantially alters the licensed
premises or the usage of the licensed premises from the
plans and specifications submitted at the time of
obtaining the original license without prior written
consent of the local and state licensing authorities .
A. It is alleged that on or about August 1, 1994,
Licensee substantially altered and enlarged his
licensed premises without prior written consent
from the Local and State Licensing Authorities.
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 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
Notice
Lucky Star
Page 2
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 WHEREOF, I have hereunto set my hapd and seal of
my office this 15} day of 7 i,re. lo-cr , 19q`f.
E ECUTI DIRE TOR
DEPARTME • ' REVENUE
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