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HomeMy WebLinkAbout970517.tiffBEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO NOTICE OF PROPOSED DENIAL IN THE MATTER OF: MICHELLE L. JOHNSON, INCORPORATED D/B/A/ MICHELLE'S SALOON 10763 TURNER BOULEVARD LONGMONT, COLORADO, 80504 APPLICANT NUMBER 23-79571 PLEASE TAKE NOTICE that the Liquor Enforcement Division of the Colorado Department of Revenue proposes to deny the application of Michelle L. Johnson, Incorporated, D/B/A Michelle's Saloon, 10763 Turner Boulevard, Longmont, Colorado, 80504, ("Applicant") for her Hotel and Restaurant Liquor License on the following grounds: Pursuant to section 12-47-111 (1)(a)(VI), C.R.S., no license provided by this article shall be issued to or held by any person employing, assisted by, or financed in whole or in part by any other person who is not of good character and reputation satisfactory to the respective licensing authorities. A. It is alleged that the Applicant has been assisted by and has been financed in whole or in part by Michael S. Johnson, a person who is not of good character and reputation, satisfactory to the State Licensing Authority. II. Pursuant to 12-47-108 (1), C.R.S., the character of the Applicant is such that violations of this article would likely result if a license were granted due to the following: A. It is alleged that on or about August 27, 1996, the Applicant exercised the privileges of the liquor license issued to Robert Kline, in violation of 12-47-106 (3),C.R.S.. B. It is alleged that on or about August 28, 1996, the Applicant allowed the sale of malt beverages, without being licensed to do so, in violation of 12-47-128 (1)(g), C.R.S.. r V '02,10" etc: G,Q; /3eac/rr LGOoyZ 970517 Notice of Proposed Denial Michelle's Saloon Page 2 Pursuant to Section 12-47-108, C.R.S. (1985), you are entitled to a hearing on the proposed denial, if you may request a hearing within fifteen (15) days of the date of this notice by writing the Liquor Enforcement Division, Department of Revenue, State of Colorado, 1881 Pierce Street, Lakewood, Colorado 80214. If you fail to request a hearing within fifteen (15) days, your application will be denied. 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 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 allegations, upon which evidence your license to operate under the terms of the Colorado Liquor or Beer Code may be denied and any temporary permit you are currently operating under may be canceled 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 hand and seal of my office this 2-t/ day of /21fM4,r 1996. DAVID C. REITZ, DIRECT R LIQUOR ENFORCEMENT IVISION DEPARTMENT OF REVENUE Hello