HomeMy WebLinkAbout950743.tiffOFFICE OF COUNTY ATTORNEI
PHONE (303) 356-4000 EXT. 439
P.O. BOX 1949
GREELEY, COLORADO 8063.
COLORADO
Ms. Joyce Truitt, Office Manager I
Liquor Enforcement Division
State of Colorado
Department of Revenue
1375 Sherman Street, Room 600
Denver, CO 80261
March 13, 1995
RE: LaGarra Bar; Your Account No. 12-14190
Dear Ms. Truitt:
This letter is in response to your letter dated February 23, 1995 inquiring as to the status of the tavern
liquor license in the name of the LaGarra Bar; your account No. 12-14190.
Enclosed is a copy of the findings, conclusions, and orders in the matter of Francisco S. Gallegos,
d/b/a LaGarra Bar. As you can see, the State of Colorado revoked the tavern liquor license effective
December 1, 1993. The license would have expired on July 26, 1994 if it had not been sooner
revoked. It is our understanding that the bar is closed at the present time. Weld County's position
with respect to this license is that it has expired and any new owner who wishes to operate the bar
will be required to obtain a new liquor license.
If you have any questions regarding this letter or the status of the LaGarra Bar, please feel free to
call me at (303) 356-4000, Extension 4390..
Very truly yours,
c�BdPk
Weld County Attorney
BTB/gb:let\truitt
Enclosures
pc Clerk to the Board
950'743
STATE OF COLORADO
LIQUOR ENFORCEMENT DIVISION
Department of Revenue
1375 Sherman Street, Room 600
Denver, Colorado 80261
Phone (303) 866-3741
FAX (303) 866-4541
February 23, 1995
County Clerk
County of Weld
915 10th Street
Greeley CO 80632
Roy Romer
Governor
Renny Fagan
Executive Director
David C. Reitz
Division Director
Dear County Clerk:
It is imperative that the State Liquor Enforcement Division be advised of the status of the
liquor or 3.2% licenses listed below to avoid enforcement concern. Selling alcohol without
a liquor license is a violation.
According to our records these liquor or 3.2% beer establishments have not renewed their
licenses.
TRADE NAME
LA Garra Bar
ACCT. # EXPIRATION DATE
12-14190 07-26-94
If I do not hear from you regarding the status of these licenses within 30 days, the Liquor
Enforcement Division will automatically put the license file out of business and immediately
forward this information to the area investigator to determine the appropriate remedy.
Sincerely,
Ce
Joyce Truitt
Officer Manager I
OR 8481 O6/94)
BEFORE THE EXECUTIVE DIRECTOR
DEPARTMENT OF REVENUE
STATE OF COLORADO
FINDINGS, CONCLUSIONS AND ORDERS
IN THE MATTER OF:
FRANCISCO S. GALLEGOS
D/B/A LA GARRA BAR
435 WALL STREET
EATON COLORADO 80615
LICENSE NO. T 12-14190
APPEARANCES
For the Licensee: No appearance
For the Division:
Thomas D. Fears, No. 18113
Assistant Attorney General
General Legal Services Section
Department of Law
PROCEDURAL BACKGROUND
The State Licensing Authority based upon an investigation
and request by the Liquor Enforcement Division issued an Order of
Summary Suspension, an Order to Show Cause and Notice of Hearing
and Forfeiture Action (the "Notice") to Francisco S. Gallegos,
d/b/a La Garra Bar, 435 Wall Street, Eaton Colorado, License No.
T-12-14190 ("Licensee") on November 16, 1993. The Notice was
personally served on the Licensee on or about November 17, 1993
by Investigator David Sauter of the Division. The Notice
informed the Licensee of the date and time of the Show Cause
Hearing. Copies of the/Notice and of the Order of Summary
Suspension were also served on the licensed premises.
The Show Cause Hearing for the Licensee's Tavern liquor
license took place on December 1, 1993. The Division dismissed
charge I.A.(1) of the Notice at the beginning of the Hearing.
,CC!ODDI
4/1
FINDINGS OF FACT
Based upon the testimony and documents admitted in evidence,
the Director makes the following findings of fact:
1. That the Licensee received proper notice in this case,
but neither appeared to defend, nor made arrangements for the
defense of this matter.
2. That on and between November 2, 5, 8, and 9, 1993, the
Licensee permitted and engaged in the sale of cocaine, a
prohibited Schedule II controlled substance, on and in the
licensed premises.
3. That on November 2, 8, and 9, 1993, Licensee purchased
20 and 30, respectively, cases of malt liquor from an unlicensed
person, Investigator Kell Hulsey, of the Weld County Drug Task
Force, in exchange for cocaine and money. Licensee stored the 50
cases of malt liquor on the licensed premises.
4. Investigator Hulsey is not licensed to sell alcoholic
beverages to Colorado liquor licensees.
5. That on November 12 1993, the Weld County Drug Task
Force, with the assistance of the Division of Liquor Enforcement,
seized 111 and 1/2 cases of malt liquor, including some of the 50
cases referenced in paragraph 3, supra; 56 bottles of assorted
spirituous liquor, and 26 bottles of assorted non-alcoholic
mixers, all of which were used at the licensed premises.
6. That the Weld County Drug Task Force maintains the
licensed premises have been habitually conducted, maintained, and
operated as a nuisance, in a manner offensive to the ordinary
sensibilities of the average citizen.
7. That the Licensee has had no prior administrative
action taken against its license privileges since the inception
of the licensed activity, around July, 1993.
8. The Director takes administrative notice of the contents
of the Division's licensing and investigations file, which
includes a copy of the Notice, a copy of the Affidavit for the
Search Warrant of November 12, 1993, and a copy of an
investigation report created by Division investigators Harris and
Sauter. The Director also takes administrative notice of the
licensing history, including the application and support
documentation, and the Yicense itself.
CONCLUSIONS OF LAW
1. At the conclusion of the presentation of the evidence
in this matter, the Director granted the Division's motion to
amend the pleadings to conform to the evidence, as presented.
2. Section 12-47-111 C.R.S. (1991) provides that no
license provided by the Colorado Liquor Code may be held by any
person who is not of good moral character, record, or reputation.
The testimony and evidence clearly indicated both the licensee,
Francisco S. Gallegos, and his agents, employed at the licensed
premises, are not of good moral character, record, or reputation,
through their participation in illegal sales of controlled
Schedule II substances.
3. Regulation 47-105.1, 1 CCR 203-2, provides that each
person licensed to sell under the Colorado Liquor Code shall
conduct the licensed premises in a decent, orderly, and
respectable manner, and shall not permit activity offensive to
the senses of the average citizen. The testimony and evidence
clearly indicated the licensee violated this provision.
4. Regulation 47-115.2, 1 CCR 203-2, requires all retail
licensees to purchase all liquor stock from licensed wholesale
distributors or retail liquor stores. When licensee purchased
the 50 cases of malt liquors from Investigator Hulsey; licensee
violated the provisions of this regulation.
5. Section 12-47-134 (2) C.R.S. (1991), provides that
there shall be no property rights of any kind in alcoholic
liquors, bars, furniture, implements, contrivances, or other
things or devices used in or kept for the purpose of violating
any provisions of this article. From November 2 through 12,
1993, Licensee violated 12-47-134 (2) C.R.S. (1991).
ORDER
Based on the foregoing Findings of Fact and Conclusions of
Law the state licensing authority hereby revokes the Tavern
Liquor License of Francisco S. Gallegos, d/b/a the La Garra Bar,
435 Wall Street, Eaton Colorado, License No. T-12-14190,
effective December 1, 1993.
It is further ordered that the alcoholic and non-alcoholic
beverages seized, as detailed supra, are declared forfeited to
the Weld County Drug Task Force, and any other law enforcement
agencies which are members thereof, for disposition at their
discretion, in accordan&e.with the law and regulation of the
Colorado Liquor Code. The Liquor Enforcement Division is
directed to assist them in the forfeiture. The Licensee is
hereby notified of the forfeiture of these items by and through
this order; no further notification of their disposition will be
provided.
Licensee may appeal this determination within thirty days of
service of this order, pursuant to Section 12-47-141 C.R.S.
(1991), and section 24-4-106 C.R.S. (1988 & 1993 Supp.). No
transcription of the recorded portion of this hearing will be
made, unless licensee makes arrangements and pays therefor.
ORDERED AND ENTERED this first day of December 1993.
RENNY FAGAN
EXECUTIVE DIRECTOR
DEPARTMENT OF REVENUE
CERTIFICATE OF SERVICE
I certify that I placed in the United States Mails, first
class postage prepaid, a copy of the foregoing ORDER, addressed
to the following, on the first day of December 1993.
Francisco S. Gallegos
435 Wall Street
Eaton CO 80615
BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
STATE OF COLORADO
ORDER FOR SUMMARY SUSPENSION AND ORDER TO SHOW CAUSE AND NOTICE
OF HEARING AND FORFEITURE ACTION
IN THE MATTER OF:
FRANCISCO S. GALLEGOS
D/B/A LA GARRA BAR
435 WALL STREET
EATON, COLORADO 80615
LICENSE NO. T-12-14190
WHEREAS, it has been made to appear to the State Licensing
Authority, Executive Director, Department of Revenue, State of
Colorado, that Francisco S. Gallegos, D/B/A La Garra Bar, 435
Wall Street, Eaton, Colorado 80615, License No. T-12-14190,
("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 12-47-111 (1)(a)(VI) and 12-47-111
(1)(a)(VIII) 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; and/or any person unless he is with
respect to his character, record, and reputation
satisfactory to the respective licensing authorities.
A. It is alleged that the Licensee and its agents or
employees are of unsatisfactory character, record,
and reputation to the State Licensing Authority
due to the following violations of the Colorado
Liquor and Criminal Code:
1. It is alleged that on or about March 1, 1993,
Licensee's agent Juvenal Soto -Gallegos sold
suspected schedule II controlled substance
(cocaine) to undercover detectives while on
the -licensed premises.
Summary Suspension Notice
La Garra Bar
Page 2
2. It is alleged that on or about October 14,
1993, Greeley Police Department Officer Steve
Black interviewed Jerry Diggins, a witness
who has personal knowledge of and experience
with the narcotics transactions occurring
inside of the La Garra Bar. Diggins named
Juvenal Soto -Gallegos (employee), Francisco
Gallegos (Licensee), Juan Soto -Gallegos
(bartender), and Marcos Torres-Monroy
(partner) as being involved in the narcotics
transactions that occur on the licensed
premises.
3. It is alleged that on or about November 2,
1993, Licensee Francisco Gallegos traded one
(1) ounce of suspected schedule II controlled
substance (cocaine) to Greeley Police
Department Detective Kel Hulsey for twenty
(20) cases of malt liquor while on the
licensed premises.
4. It is alleged that on or about November 5,
1993, Licensee Francisco Gallegos sold one
(1) ounce of suspected schedule II controlled
substance (cocaine) to Greeley Police
Department Detective Kel Hulsey while on the
licensed premises.
5. It is alleged that on or about November 8,
1993, Licensee Francisco Gallegos traded one
(1) ounce of suspected schedule II controlled
substance (cocaine) to Greeley Police
Department Detective Kel Hulsey for thirty
(30) cases of malt liquor while on the
licensed premises.
6. It is alleged that on or about November 10,
1993, Licensee Francisco Gallegos made
arrangements to give Greeley Police
Department Detective Kel Hulsey two (2) more
ounces and have a third ounce of suspected
schedule II controlled substance (cocaine)
available for Hulsey to purchase if he had
the money.
1
Summary Suspension Notice
La Garra Bar
Page 3
II. Pursuant to Regulation 47-105.1 (A), 1 CCR 203-2, Each
person licensed under this Article and any employee or
agent of such licensee shall conduct the licensed
premises in a decent, orderly and respectable manner,
and shall not permit on the licensed premises the
serving or loitering of an apparently intoxicated
person or habitual drunkard, nor shall the licensee,
his employee or agent permit profanity, rowdiness,
undue noise, or other disturbances or activity
offensive to the senses of the average citizen, or to
the residents of the neighborhood in which the licensed
establishment is located.
A. It is alleged that between March 1, 1993 and
November 10, 1993, Licensee and licensee's agents
participated in activities which are offensive to
the senses of the average citizen, as detailed in
Paragraph I. A., 1 though 6 of this Notice.
III Pursuant to Regulation 47-115.2 A. and C., 1 CCR 203-2,
every person, firm, company, partnership or corporation
licensed under the Colorado Liquor Code to sell at
retail shall purchase all malt, vinous, and spirituous
liquor stock, for the operation of their business, from
a Colorado licensed wholesale distributor.
All alcoholic beverages possessed or maintained on the
licensed premises shall be only such alcoholic
beverages acquired as set forth in paragraph A of this
regulation.
A. It is alleged that the licensee purchased fifty
(50) cases of malt liquor from undercover police
detective Kel Hulsey, who is neither a licensed
wholesaler or a retail liquor store, as detailed
in paragraphs I. A., 3. and 5. of this Notice.
B. It is alleged that the licensee purchased and
maintained within its licensed premises the fifty
(50) cases of malt liquor described in paragraph
III. A. above.
IV. 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.
Summary Suspension Notice
La Garra Bar
Page 4
A. It is alleged that the following items seized on
or about November 12, 1993, by the Liquor
Enforcement Division, were kept in violation of
the provisions of this article as alleged in
Paragraphs I & II of this Notice.
1. One hundred eleven and one-half (111 1/2)
cases of assorted malt liquor.
2. Fifty-six (56) bottles of assorted spirituous
liquor.
3. Twenty-six (26) bottles of assorted non-
alcoholic mixers.
V. Pursuant to 12-47-110(2) C.R.S. and Regulation 47-110.2
A. and B., 1 CCR 203-2, where a licensing authority has
reasonable grounds to believe and finds that a licensee
has been guilty of a deliberate and willful violation
of any acceptable law or regulation or that the public
health, safety, or welfare imperatively requires
emergency action and incorporates such findings in its
order, it may temporarily or summarily suspend the
license pending proceedings for suspension or
revocation which shall be promptly instituted and
determined.
The temporary suspension of a license without notice
pending any prosecution, investigation, or public
hearing shall be for a period not to exceed fifteen
days.
A. Based on the complaint of Investigators William
Harris and David Sauter (Exhibit A attached
hereto), this licensing authority has reasonable
grounds to believe and finds that the licensee has
been guilty of a deliberate and willful violation
of the Colorado Liquor and Beer Code and that the
public health, safety, and welfare requires
emergency action, and therefore, hereby orders
that the tavern liquor license of the Licensee be
temporarily or summarily suspended pending the
hearing for suspension or revocation of said
license presently scheduled to be held on December
1, 1993.
B. Summary suspension of Licensee's tavern liquor
license will be effective at 2:00 p.m. on November
17 1993 -and will be continuous through December
1 1993, or until a hearing actually be held on
this matter, whichever comes first.
Summary Suspension Notice
La Garra Bar
Page 5
C. This licensing authority further orders that
during the period of summary suspension, the
Licensee will post its licensed premise in
compliance with Regulation 47-110.1. F, 1 CCR 203-
2, and that agents of this licensing authority
will ensure that this regulation is complied with
by the licensee.
NOW THEREFORE, you are hereby ordered to appear before this
authority at 1375 Sherman Street (4th Floor Conference Room),
hour of 1:00 p.m., December 1, 1993 or as soon thereafter as you
can be heard, to show cause why your said license should not be
suspended or revoked as by law provided.
An earlier date of hearing may be arranged upon your
request. You should contact this authority as soon as possible
if you want to expedite the date of hearing.
You are entitled to have an attorney represent you
udaso at
hearing. If you should retain an attorney, you should
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,
upoense to ate under terms thenColoradov
which
Liquor orruBeer r ccode may bersuspended ore of
revoked.
You are further notified that if the Director does find you
in violation of any of the above -cited sections 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 IL
1)c day of NLLL2L , ni , 19.11.
XECUT VE D 'ECTOR
EPARTME - OF REVENUE
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