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BEFORE THE EXECUTIVE DIRECTO3R, DEPARTMENT OF REVENUE
STATE OF COLORADO
ORDER
IN THE MATTER OF:
DENNIS R. WILLIAMS
D\B\A HEREFORD'S
39520 WLD CTY RD 136
LICENSE NO. T-12-23473
C.)
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 „2-13'day
1995 .
of
c. ,
ri\-IS
615
EXECUTIVE DIRECTOR
DEPARTMENT OF REVENUE
951802
L.a00A4
BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION AND AGREEMENT
IN THE MATTER OF:
DENNIS R. WILLIAMS
D\B\A HEREFORD'S
39520 WLD CTY RD 136
HEREFORD, COLORADO 80732
LICENSE NO. T-12-23473
THIS AGREEMENT BETWEEN the State of Colorado, Liquor
Enforcement Division ("Division") and Dennis R. Williams, D\B\A
Hereford's, 39520 WLD CTY RD 136, Hereford, Colorado, 80732,
License No. T-12-23473, ("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.
A. The Division agrees to dismiss the charges in
Paragraph II & III of the Notice and the Licensee
agrees to take the slot machine out of the State
of Colorado and not allow any gambling device on
the licensed premises.
2. The Licensee agrees to a FORTY-FIVE (45) day suspension
of its Tavern Liquor License as a penalty for its
violation of the Colorado Liquor Code as set forth in
Paragraph I of this Stipulation and Agreement. Said
suspension of Licensee's Tavern Liquor License to take
place as follows:
A. License to be actively suspended for FOURTEEN (14)
days from 12:01 a.m. on , until
11:59 p.m. on ss_E 41_i9y,
S. THIRTY-ONE (31 days of suspension to be held in
ahevance for a period of one ( 1) year, from `_fir'
date of 3ppr oval of this agreement by the State
Licensinq uf-hor-ity, pending no further violations
of the Colorado Liquor Code during this period.
Stipulation and Agreement
Hereford's
Page 2
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.
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 agree 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 beverage_
during a period of FOURTEEN! (14) days., except that the
fine shall not be less. than Two Hundred Dollars
($200.00) nor more than rive Thousand Dollars
($5,000.00). The parties agree that the average day's
sales for the month of _f,i / r5 , shall be the
appropriate measure of said estimated gross revenues.
Based upon these records, the amount of fine has
been determined to tie $:2W5-
1 1
Stipulation and Agreement
Hereford's
Page 3
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 4 Dep ent of Revenue on or before
S�ZA•1 6i,- 4 //f S D
7. Upon the payment of the fine as agreed upon in
Paragraph 5, Licensee's FOURTEEN (14) day suspension as
set forth in Paragraph 2 of this "Stipulation and
Agreement" shall be deemed automatically stayed.
B. If the Licensee fails to make payment in a timely
manner as detailed in Paragraph 5 of this Stipulation
and Agreement, the full FORTY-FIVE (45) day suspension
-shall be served as detailed in Paragraph 2.
If at any subsequent hearing or stipulation in lieu of
hearing, the state 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 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.
11��J
DAVID C. REITZ
Director
Liquor Enforcement D ision
Z' /5
DAT
I -97-R. WILL AMS
ole Proprietor
Hereford's
2 3 /'Ys
DATE
BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
RTATE OF COLORADO
ORDER TO SHOW CAUSE AND NOTICE OF HEARING, AND FORFEITURE ACTION
IN THE MATTER OF:
DENNIS R. WILLIAMS
D\B\A HEREFORD'S
39520 WLD CTY RD 136
LICENSE NO. T-12-23473
WHEREAS, it has been made to appear to the State Licensing
Authority, Executive Director, Department of Revenue, State of
Colorado, that Dennis R. Williams, D\B\A Hereford's, 39520 WLD
CTY RD 136, License No. T-12-23473 ("Licensee"), has violated the
statutes or the rules and regulations of the Department of
Revenue governing his license in the following particulars:
I. Pursuant to 12-47-128 (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 malt, vinous or spirituous
liquor to or for any person under the age of twenty-one
years.
A. It is alleged that on or about June 17, 1995, at
approximately 10:30 p.m., Licensee or Licensee's
agents, served or permitted the procuring of malt
liquor to Robert James Moscoe (D.O.B. 04-29-75),
Andrew T. McCoy (D.O.B. 03-26-75) and Brook Lee
Strope (D.O.B.) 11-23-75, persons under twenty-one
years of age, while on the licensed premise.
II. Pursuant to Regulation 47-128.10 (B), 1 C.C.R. 203-2,
No person licensed under this Article to sell at retail
shall authorize, permit or possess on the licensed
premises any table, machine, apparatus or device of any
kind normally used for the purpose of gambling, except
as specifically authorized and when licensed for
limited gaming pursuant to Article 47.1 of Title 12
E.R.S. Prohibited equipment shall include video poker
machines and other devices, defined as slot machines
pursuant to C.R.S. 12-47.1-103 (26).
-Notice
Hereford's
Page 2
A. It is alleged that on or about June 17, 1995, the
Licensee possessed on the licensed premises, one
(1) machine, apparatus, or device of a kind
normally used for the purpose of gambling (one
slot machine, Serial Number 114-672).
III. Pursuant to 12-47-134 (2), C.R.S., there shall be
no property rights of any kind in alcoholic
liquors, vessels, appliances, fixtures, bars,
furniture, implements, wagons, automobiles,
trucks, vehicles, contrivances, or other things or
devices used in or kept for the purpose of
violating any of the provisions of this article.
A. Zt is alleged that the following item seized
-on or about _June 17, 1995, by the Ziquor
Enforcement Division, was kept in violation
of the provisions of this article as alleged
in Paragraph II of this -Notice.
1. One (1) slot machine, serial number
1114-672. Machine and key with tokens
inside.
NOW THEREFORE, you are hereby ordered to appear before me to
show cause why your said license should not be suspended or
xevoked as by law provided and or the articles described should
not be forfeited.
a pre -tearing 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.
Notice
Hereford's
Page 3
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 WHEFEOF, I have hereunto set my hand and seal of
my office this UV"' day of ll/0
ECUT VE D RECTOR
DEPARTM. •F REVENUE
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