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HomeMy WebLinkAbout20251581.tiffLeah Flesner From: Sent: To: Subject: Attachments: Admin Actions - DOR, LED <led_adminactions@state.co.us> Friday, June 6, 2025 2:26 PM Liquor.Licensing@greeleygov.com; shelby.fletcher@greeleygov.com; jennifer.middleton@greeleygov.com; Chloe White; Esther Gesick; Leah Flesner Executed Stipulation - Singh Food and Conoco (Selling Cigarettes under $7.00 - First Violation) Singh Food and Conoco TOB CC signed Stip + COS (NH).pdf This MessageIs From an External Sender This email was sent by someone outside Weld County Govemment. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, 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. The Division considers this matter closed and no further action is required on the licensee's part. If you have any questions or inquiries regarding this executed stipulation, please email: led_ adminactions@state.co.us. Respectfully, Noelle Hollar Colorado Liquor Enforcement Division 1707 Cole Blvd, Suite 300, Lakewood, CO 80401 office: 303-205-2300 I fax: 303-866-2428 Licensing Email: dor liglicensincastate.co.us Enforcement Email: dor led(c�state.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 have received this communication in error, please immediately notify the sender by replying to this electronic e-mail. C OCY\MU r . C,c►-k� c,\s cyl c x‘ 1 as �c.. c.G ,UN\ cot unuas 2025-1581 COLORADO Department of Revenue Specylued Business Group— .. b Tobacco Mailing Address: Physical Address: Colorado Liquor Enforcement Division 1707 Cole Blvd., Ste. 300 p.p. Box 17087 Lakewood, CO 80401 Denver, CO 80217-0087 May 12, 2025 J&GLLC d/b/a Singh Food and Conoco 213 18th Street Greeley, CO 80631 SINGHJASVINDER1966na,YAHOO.COM Dear Licensee: On January 15, 2025, 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: 39-28-116 C.R.S. Minimum price for cigarettes. (1) On or before July 1, 2024, no person shall sell or offer cigarettes for sale to a consumer for less than $7.00 (seven dollars) per package of twenty cigarettes or $70.00 (seventy dollars) per carton of two hundred cigarettes, (2) On and after July 1, 2024, no person shall sell or offer cigarettes for sale to a consumer for less than $7.50 (seven dollars and fifty cents) per package of twenty cigarettes or $75.00 (seventy-five dollars) per carton of two hundred cigarettes. 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 adminactionsAstate.co.us within ten (10) days of the date of this notice. Sincerely, cc% l�Lc _Av /'u Michelle Stone-Principato Division Director Liquor and Tobacco Enforcement Division Stipulation, Agreement, and Order Singh Food and Conoco LED Case No. 2025LW0094 Tobacco Retailer Off -Premises Page 1 BEFORE THE LIQUOR ENFORCEMENT DIVISION DEPARTMENT OF REVENUE STATE OF COLORADO STIPULATION, AGREEMENT, AND ORDER IN THE MATTER OF: J & G LLC d/b/a Singh Food and Conoco 213 18th Street Greeley, CO 80631 SINGHJASVINDER1966AYAHOO.COM Tobacco License No. TOB-005630 Respondent. LED Case No. 2025LW0094 THIS STIPULATION, AGREEMENT, AND ORDER ("Order") between the State of Colorado Department of Revenue, Liquor Enforcement Division, ("Division"), and J&G LLC, Tobacco License No. TOB-005630 ("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 39-28-116(5) C.R.S., the Department of Revenue shall remit any civil penalties received pursuant to this section to the state treasurer for deposit in the tobacco tax enforcement cash fund created section 39-28-107(1)(b) C.R.S. 2. Pursuant to 39-28-116 C.R.S. Minimum price for cigarettes. (1) On and after January 1, 2021, but before July 1, 2024, no person shall sell or offer for sale cigarettes to a consumer far less than $7.00 (seven dollars) per package of twenty cigarettes or $70.00 (seventy dollars) per carton of two hundred cigarettes, including all applicable taxes. (2) On and after July 1, 2024, no person shall sell or offer cigarettes for sale to a consumer for less than $7.50 (seven dollars and fifty cents) per package of twenty cigarettes or $75.00 (seventy-five dollars) per carton of two hundred cigarettes, including all applicable taxes. Stipulation, Agreement, and Order Singh Food and Conoco LED Case No. 2025LW0094 Tobacco Retailer Off -Premises Page 2 3. 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. 4. Retailer admits to the following facts and violation regarding the date of investigation, January 15, 2025: A. Retailer holds Tobacco Retail License No. TOB-005630 with a business address of 213 18tf' Street, Greeley, Colorado 80631 ("Retail Location"). B. Division investigators conducted a compliance check regarding sales of cigarettes, tobacco products, and/or nicotine products at the Retail Location. C. Division investigators determined the Retailer was selling cigarettes, under the minimum price of $7.00 per pack or $70.00 per carton before July 1, 2024; and $7.50 for a pack or $75.00 for a carton after July 1, 2024. 5. Retailer and the Division stipulate the violations admitted in paragraph 5 are the Retailer's first violation of 39-28-116 C.R.S. Minimum price for cigarettes, within a five (5) year period commencing on the date set forth in paragraph 4. 6. 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 $500.00 (Five hundred 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 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 executed by the Retailer AND fine payment by June 6, 2025, the Division will proceed with the issuance of an Order to Show Cause, and the Retailer's admissions herein will be deemed withdrawn. 7. 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. Stipulation, Agreement, and Order Singh Food and Conoco LED Case No. 2025LW0094 Tobacco Retailer Off -Premises Page 3 8. 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. 9. 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. 10. 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 C.R.S., except that it may not be appealed. 11. 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. 12. 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; 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. C.R.S. 13. 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. Stipulation, Agreement, and Order Singh Food and Conoco LED Case No. 2025LW0094 Tobacco Retailer O11 -Premises Page 4 14. 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, constnie 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. 11)%tA{ Jasvinder Si JRG LLC 116 l 341 z5 Datd APPROVED and ORDERED on the date set forth in the electronic sipature below. Digitally signed by Michelle Stone- Michelle St rp'nncipato Princip ato Date: 2025.06.06 12:36:55 -06'00' Michelle Stone-Principato Director Liquor and Tobacco Enforcement Division Department of Revenue Stipulation, Agreement, and Order Singh Food and Conoco LED Case No. 2025LW0094 Tobacco Retailer Off -Premises 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 J&GLLC d/b/a Singh Food and Conoco 213 18th Street Greeley, CO 80631 SINGHJASVINDER 1966@YAHOO.COM Tobacco License No. TOB-005630 Licensee Mailing Address J&GLLC d/b/a Singh Food and Conoco 213 18th Street Greeley, CO 80631 SINGHJASVINDER 1966@YAHOO.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: 2025.06.06 14:20:30 -06'00' Hilary Hutchinson Legal Assistant II Liquor and Tobacco Enforcement Division Department of Revenue Hello