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Home My WebLink About972094.tiffBEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO ORDER IN THE MATTER OF: RAFFERTY'S, INCORPORATED D/B/A RAFFERTY'S 5990 WEST 10TH STREET GREELEY, COLORADO 80634-9760 LICENSE NUMBER 14-19323 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 D —, day of 41K , 1997. EXECUTIVE DIRER DEPARTMENT OF REVENUE aoaAd CC: eig5 SCE 972094 ) BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO STIPULATION AND AGREEMENT IN THE MATTER OF: RAFFERTY'S, INCORPORATED D/B/A RAFFERTY'S 5990 WEST 10TH STREET GREELEY, COLORADO 80634-9760 LICENSE NO. 14-19323-0001 THIS AGREEMENT BETWEEN the State of Colorado, Liquor Enforcement Division ("Division") and Rafferty's, Incorporated, D/B/A Rafferty's, 5990 West 10th Street, Greeley, Colorado 80634-9760, License No. 14-19323-0001 ("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 as set forth in paragraph I, of the Notice are true and accurate. 2. The Licensee agrees to a THIRTY C30) day suspension of its Hotel and Restaurant Liquor 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 Tavern Liquor License to take place as follows: a. License to be actively suspended for TEN (10) days from 12:01 a.m. on September 1, 1997 until 11:59 p.m. on September 10.1997. b. TWENTY (20) days of suspension to be held in abeyance for a period of one 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. 972094 Stipulation and Agreement Rafferty's Page 2 c. Licensee will post premises in compliance with Regulation 47- 600(F), 1 C.C.R. 203-2, during the period of active license suspension. 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). 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 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 TEN (10) 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 July. 1997, shall be the appropriate measure of said estimated gross revenues. Based upon these records, the amount of the fine has been determined to be $ G 9/k -z 5. 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 August 29. 1997. 6. Upon the payment of the fine as agreed upon in Paragraph 5, Licensee's TEN (10) day suspension as set forth in Paragraph 2 of this "Stipulation and Agreement" shall be deemed automatically stayed. .J74ii 794 Stipulation and Agreement Rafferty's Page 3 If the Licensee fails to make payment in a timely manner as detailed in Paragraph 5 of this Stipulation and Agreement, the full 1 _ EN (10) day suspension shall be sewed as detailed in Paragraph 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 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 Director Liquor Enforcement Division /VI D lE DONALD EDICK President Rafferty's, Incorporated 972094 BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO ORDER TO SHOW CAUSE AND NOTICE OF HEARING IN THE MATTER OF: RAFFERTY'S, INCORPORATED D/B/A RAFFERTY'S 5990 WEST 10TH STREET GREELEY, COLORADO 80634-9760 LICENSE NO. 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, Incorporated, D/B/A/ Rafferty's, 5990 West 10th Street, Greeley, Colorado 80634-9760, License No. 14-19323-0001, ("Licensee"), has violated the statutes or the rules and regulations of the Department of Revenue governing its license in the following particulars: 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, to a visibly intoxicated person, or to a known habitual drunkard. A. It is alleged that on or about June 17, 1997, the Licensee, by and through its employee, Christy Lynn Smith, served malt liquor to Danny S. Knight and Joseph George Martinez, visibly intoxicated persons. 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 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. 972094 Show Cause Notice Rafferty's Page 2 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. IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this day of .4J(1 19 972094 DR 5365 (07/92) COLORADO DEPARTMENT OF REVENUE 1375 SHERMAN STREET DENVER CO 80261 PAYMENT RECEIVED ON ACCOUNT Other Taxpayer Name RAFFERTY' S INC. Date Prepared 8-4-97 DBA Name RAFFERTY'S Street Address 5990 W 10TH ST City GREELEY State CO ZIP 80634 Account Number 14-19323-0001 OW Number RAS Liability Codes $ Short Check Penalty 1001 11801 49933 2455 3450 $ Photo Copies/Certificating Fee 1001 11801 49933 3115 3230 $ Revenue misc. services fee 1001 11801 49933 3114 3310 $ 691.62 Liquor Other: Fine in lieu of suspension 1001 11801 49933 3224 3330 $ Other: Prepared By NIT HAMBY Section Liquor Enforcement Room# 108A •rr III 1 .ii LI l iiil in L, iii. im+mTr v' ,'I J ulli 1I t. ST CHOICE eayK: 35683 I REMITTER 2164- 35th AVE.,• GREELEY, C080634 • 3600 SOUTH COLLEGE AVENUE • FORT COLLINS, CO 80525 82-627/1070 Rafferty's 1069 W. MAIN • WINDSOR, CO 80550 August 1, 19 9% WE O Dept. of Revenue c'ITH ORDER rVi I�. �c--� l.d .I I THIS DOCUMENT HAS A MICRO -PRINT I $691.62 ,„ „�,. �i II"11 elrvuI I' y .. .... 4. 1 li�i�ll ��II�. II�IIe nl .1. IiuJ dl.'. SIGNATURE LINE, SIMULATED WATERMARK. AND CHLOROSTAIN PAPER; ABSENCE OF THESE FEATURES CASHIER'S CHECK WILL I ICATEEOALCOPY 9'72091 Hello