HomeMy WebLinkAbout20240036.tiffChloe White
From:
Sent:
To:
Subject:
Attachments:
Good afternoon,
Admin Actions - DOR, LED <led_adminactions@state.co.us>
Thursday, December 7, 2023 2:16 PM
cityclerk@greeleygov.com; Sarah Jacobsen@greeleygov.com;
Allie.Powell@greeleygov.com; Chloe White; Esther Gesick
Executed Stipulation - Circle K #2740641 (Tobacco)
Circle K #2740641 CC TOB signed stip + COS (NH).pdf
Attached is an executed stipulation for the licensee listed in the subject line. The licensee has been provided a copy of
the same in a separate email.
If you have any questions or inquiries regarding this executed stipulation, please
email: led adminactionsCa�state.co.us.
Respectfully,
Colorado Liquor Enforcement Division
1707 Cole Blvd, Suite 300, Lakewood, CO 80401
office: 303-205-2300 I fax: 303-866-2428
Licensing Email: dor liglicensing@state.co.us
Enforcement Email: dor Ied(astate.co.us
LED Administrative Action Email: LED adminactions@state.co.us
The information contained in this e-mail message is confidential information intended for the use of the named recipient only. You are hereby notified that any
dissemination, distribution, or copying of this communication is prohibited. If you haw received this communication in error, please immediately notify the sender
by replying to this electronic e-mail.
COOnn-lon;ca.+ions 2024-0036
o(/ 1'7 ( aH oc:cAcsel(Ylc)
ot(o6I ay
a
COLORADO
Department of Revenue
Specialized Bushels doup—
LI4+ar 6 Tobacco
Physical Address:
1707 Cole Blvd., Ste. 300
Lakewood, CO 80401
November 21, 2023
CST Metro, LLC
d.b.a. Circle K #2740641
2720 35s' Avenue
Greeley, CO 80634-4101
licenseandpermits@cstbrands.com
Dear Licensee:
Mailing Address:
Colorado Liquor Enforcement Division
P.O. Box 17087
Denver, CO 80217-0087
On October 20, 2023, an enforcement agent of the Liquor and Tobacco Enforcement Division ("Division")
from the Lakewood field office, observed an alleged violation of the Colorado Tobacco Code at your
licensed entity, specifically: section 44-7-103(1), C.R.S., a retailer shall not sell or permit the sale of
cigarettes, tobacco products, or nicotine products to a minor. Attached is a proposed Stipulation,
Agreement, and Order ("Order") regarding allegation(s) of violation(s) of the Colorado Tobacco Code by
your licensed entity. The attached Order is subject to the provisions of Rule 408 of the Colorado Rules of
Evidence as an offer in compromise and statements made in compromise negotiations. This Order has
important legal consequences. Please carefully read the terms of the Order. You should consider consulting
legal counsel to advise you.
You may resolve this matter by signing and returning the attached Order and effectuating payment of the
stated fine to the Division using the address above or by emailing the executed order to
led adminactions@state.co.us. The fine is due on the date specified within the Order, and needs to be
submitted at the same time as the signed Order so your fine can be appropriately processed. The associated
fine may be paid by Certified Check or Cashier's check mailed to the mailing address above or paid online
at: https://secure.colorado.gov/payment/liquor. If the Division does not receive the signed Order and
payment by the due date indicated in the order, this offer to settle expires, and the terms and conditions
presented and offered in the attached Order become null and void. If you fail to respond by the due date in
the Order, or if you do not agree to the terms of the Order, an Order to Show Cause will be issued, and a
hearing will be scheduled to determine the merits of the allegations contained in the Order. Should an Order
to Show Cause be issued and the matter proceed to hearing, the Division may seek up to the maximum
penalty allowed by law, if warranted by the circumstances. The Order contains a proposed fine amount to
be paid in lieu of the Division proceeding with an Order to Show Cause.
To discuss matters relating to this notice and the attached Order, you should contact
led adminactions@state.co.us within ten (10) days of the date of this notice.
Sincerely,
filickde, —5/ate
Michelle Stone-Principato
Division Director
Liquor and Tobacco Enforcement Division
Stipulation, Agreement, and Order
Circle K #2740641
LED Case No. 2023LW0116
Page 1
BEFORE THE LIQUOR ENFORCEMENT DIVISION
DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION, AGREEMENT, AND ORDER
IN THE MATTER OF:
CST Metro, LLC
d.b.a. Circle K #2740641
2720 35th Avenue
Greeley, CO 80634-4101
licenseandpermits(a,cstbrands.com
Tobacco License No. TOB-002042
Respondent.
LED Case No. 2023LW0116
THIS STIPULATION, AGREEMENT, AND ORDER ("Order") between the State of Colorado
Department of Revenue, Liquor Enforcement Division, ("Division"), and CST Metro, LLC,
Tobacco License No. TOB-002042 ("Retailer"), is entered into for the purpose of settlement and
to avoid the uncertainty and cost of future administrative action. The Division and Retailer
stipulate and agree as follows:
1. Pursuant to subsection 44-7-105(1)(a)(I), C.R.S., the Division, on its own motion or on
complaint from another governmental agency responsible for the enforcement of laws
relating to the prohibition of the sale of cigarettes, tobacco products, or nicotine products
to minors, may penalize retailers for violations of article 7 of title 44, C.R.S.
2. Pursuant to subsection 44-7-105(1)(b), C.R.S., the Division may, after investigation and
a public hearing at which a retailer must be afforded an opportunity to be heard, fine a
retailer for a violation by the retailer, or by any agent or employee of the retailer, of article
7 of title 44, C.R.S, or any rule promulgated pursuant to article 7 of title 44.
3. Pursuant to section 44-7-103(1), C.R.S., a retailer shall not sell or permit the sale of
cigarettes, tobacco products, or nicotine products to a minor, as defined in section 44-7-
102(8), C.R.S.
Stipulation, Agreement, and Order
Circle K #2740641
LED Case No. 2023LW0116
Page 2
4. The Division and Retailer have come to a mutual agreement and understanding to jointly
resolve the Division's investigation and allegations in lieu of proceeding to an
administrative hearing on an Order to Show Cause issued by the Division to determine
the merits of such investigation and allegations.
5. Retailer admits to the following facts and violation regarding the date of investigation,
October 20, 2023:
A. Retailer holds Tobacco Retail License No. TOB-002042 with a business address of
2720 35th Avenue, Greeley, Colorado 80634-4101 ("Retail Location").
B. Division investigators conducted a compliance check regarding sales of cigarettes,
tobacco products, and/or nicotine products at the Retail Location using the services
of a seventeen -year -old underage operative, 23MLK18069 ("Underage
Operative").
C. Underage Operative entered the Retail Location and attempted to purchase
cigarettes, tobacco products, and/or nicotine products.
D. Retailer, by and through its agent, Anna Berry, sold or permitted the sale of one
pack of Marlboro Red cigarettes to the Underage Operative.
E. Retailer was neither presented with nor reasonably relied upon a valid government -
issued photographic identification that identified the Underage Operative as being
twenty-one years of age or older.
F. By selling cigarettes, tobacco products, and/or nicotine products to the Underage
Operative, Retailer violated section 44-7-103(1), C.R.S.
G. Retailer does not claim an affirmative defense pursuant to section 44-7-106(2),
C.R.S.
6. Retailer and the Division stipulate the violations admitted in paragraph 5 are Retailer's
first violation of section 44-7-103(1), C.R.S., within a twenty-four (24) month period
commencing on the date set forth in paragraph 5.
7. Retailer and the Division agree, in lieu of proceeding with an Order to Show Cause and
subsequent administrative action, to the following sanction:
A. Retailer agrees to pay a fine totaling $250.00 (Two hundred and fifty dollars).
Payment of the fine shall either be made online at:
https://secure.colorado.gov/payment/liquor by selecting Cigarette, Tobacco,
Nicotine Products and Administrative Action Fee or Fine and including the amount
listed above, or shall be in the form of a certified check or a cashier's check made
Stipulation, Agreement, and Order
Circle K #2740641
LED Case No. 2023LW0116
Page 3
payable to the Colorado Department of Revenue and mailed to the Department of
Revenue, Attn: Liquor Enforcement Division, P.O. Box 17087, Denver, Colorado
80217-0087.
B. The Division will execute this Order upon receipt of both the Order executed by
Retailer and payment of the fine required by paragraph 7(A). If the Division does
not receive the Order signed by the Retailer and fine payment by December 15,
2023, the Division will proceed with the issuance of an Order to Show Cause and
Retailer's admissions herein will be deemed withdrawn.
8. This Order shall be admissible as evidence at any future hearing before the Hearings
Division of the Department of Revenue and may be used in connection with any future
actions by the Division.
9. Retailer expressly agrees and acknowledges that Retailer has received sufficient notice
and has entered into this Order knowingly and voluntarily. Retailer acknowledges that the
terms of this Order were mutually negotiated and agreed upon. After consulting with legal
counsel, or having elected to proceed without legal counsel, Retailer affirms that Retailer
has read this Order and fully understands its nature, meaning and content. Retailer agrees
that upon execution of this Order, no subsequent action or assertion shall be maintained
or pursued by Retailer asserting the invalidity in any manner of this Order.
10. Upon execution by all parties, this Order shall represent the entire and final agreement of
the parties. In the event that any provision of this Order is deemed unenforceable by a
court of competent jurisdiction, such provision shall be severed, and the remainder of this
Order shall be given full force and effect.
11. Upon execution by the Parties, this Order and all its terms shall have the same force and
effect as an order entered after a formal hearing pursuant to sections 24-4-105 and 44-7-
105, C.R.S., except that it may not be appealed.
12. This Order may be executed by electronic means (facsimile, e-mail, DocuSign etc.), and
any signatures delivered electronically will be deemed to be as valid as an original
signature.
13. Retailer understands, and knowingly and voluntarily enters into, this Order. Retailer
further understands, and knowingly and voluntarily waives the following rights:
A. The right to a formal disciplinary hearing on the merits of the matters forming the
basis of this Order and the right to require the Division to meet its burden of proof
in a formal hearing;
B. The right to cross-examine all witnesses against Retailer at a formal hearing;
Stipulation, Agreement, and Order
Circle K #2740641
LED Case No. 2023LW0116
Page 4
C. The right to subpoena witnesses, present evidence, and testify on Retailer's own
behalf at a formal hearing;
D. The right to engage in pre -hearing exchange of evidence with the Division and to
review the Division's evidence prior to hearing; and
E. The right to judicial review of this Order pursuant to sections 24-4-106 and 44-7-
105(5), C.R.S.
14. Upon approval and order of the Division, this Order shall become a permanent part of the
Retailer's record with the Division, and it shall be open to public inspection and published
pursuant to the Division's standard policies and procedures or applicable law.
15. This Order constitutes the entire agreement and understanding between the parties and
supersedes all prior agreements and promises related to the allegations, facts and issues
that are the subject of this Order, written or oral between the parties which modify,
interpret, construe or affect this Order. Any other allegations, facts and issues not
specifically raised or addressed in this Order have not been considered by the parties and
are not made a part of this Order.
Marcella Rocha
CST Metro, LLC
Date
VII 2°I1 /)70 g.3
APPROVED and ORDERED on the date set forth in the electronic signature below.
Michelle Stone- oigitally signed by
Michelle Stone-Principato
Principato Date:20232A1
12:35:36 -07'00'
Michelle Stone-Principato
Director
Liquor and Tobacco Enforcement Division
Department of Revenue
Stipulation, Agreement, and Order
Circle K #2740641
LED Case No. 2023LW0116
Page 5
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing STIPULATION, AGREEMENT,
AND ORDER was sent via electronic mail, on the date set forth in the electronic signature below,
addressed as follows:
Licensee Business Address
CST Metro, LLC
d.b.a. Circle K #2470641
2720 35° Avenue
Greeley, CO 80634-4101
licenseandpermits@cstbrands.com
Tobacco License No. TOB-002042
Licensee Mailing Address
CST Metro, LLC
d.b.a. Circle K #2470641
Attn: Licensing Dept.
19500 Bulverde Road Suite 100
San Antonio, TX 78529
licenseandpermits@cstbrands.com
Liquor and Tobacco Enforcement Division
P.O. Box 17087
Denver, CO 80217-0087
led adminactions@state.co.us
By:
J. Noelle
Holler
Digitally signed by J.
Noelle Holler
Date: 2023.12.07
13:25:47 -07'00'
Noelle Hollar
Legal Assistant
Liquor and Tobacco Enforcement Division
Department of Revenue
Hello