HomeMy WebLinkAbout20252018.tiffLeah Flesner
From:
Sent:
To:
Subject:
Attachments:
Admin Actions - DOR, LED <led_adminactions@state.co.us>
Monday, July 14, 2025 9:25 AM
sSullivan@townofault.org; mariah@aultcolorado.gov; Chloe White; Esther Gesick; Leah
Flesner
Executed Stipulation - Bison Breath (Unlicensed Tobacco Violation)
Bison Breath TOB UL signed Stip + COS (NH).pdf
This Message Its From an External Sender
This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Good morning,
Attached is an executedstipulation for the licensee listed in the subject line. The licensee has been provided a copy of the
same in a separate email.
Please note: This notice is provided as a courtesy to the city and county in which the licensee is located. If the licensee is
not licensed under your jurisdiction, please feel free to disregard this 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 adminactionsCa)_state.co.us.
Respectfully,
Noelle Hollar
Colorado Liquor Enforcement Division
E
1707 Cole Blvd, Suite 300, Lakewood, CO 80401
office: 303-205-2300 I fax: 303-866-2428
of
I LL-i-
Licensing Email: dor lidlicensing@state.co.us
Enforcement Email: dor leda,state.co.us
LED Administrative Action Email: LED adminactionsa,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.
CL,rnMu(\k C.c.4.-ko<NS c_c . CA; ON\
b1 ` ‘u I aS bl \ tW Erd
2025-2018
a
I 11
CDC
May 12, 2025
COLORADO
Department of Revenue
Somalia. Business Group —
Liquor b Tobacco
Physical Address:
1707 Cole Blvd., Ste. 300
Lakewood, CO 80401
Bison Breath, LLC
d/b/a Bison Breath
104 l' Street
Ault, CO 80610-9990
Bisonbreath l (lfaol.com
Dear Licensee:
Mailing Address:
Colorado Liquor Enforcement Division
P.O. Box 17087
Denver, CO 80217-0087
An enforcement agent of the Liquor and Tobacco Enforcement Division ("Division") observed an alleged
violation of the Colorado Tobacco Code at your licensed entity, specifically: 44-7-104.5(1)(a)(I), C.R.S., a
retailer doing business in this state shall not sell or offer for sale cigarettes, tobacco products, or nicotine
products in this state without first obtaining a state license as a retailer from the Division, and 25-14-203(4),
C.R.S., in any calendar year after December 31, 2005, a bar that fails to generate at least five percent (5%)
of its total annual gross income or fifty thousand dollars in annual sales from the on -site sale of tobacco
products and the rental of on -site humidors shall not be defined as a "cigar -tobacco bar" and shall not
thereafter be included in the definition regardless of sales figures.. 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:Nsecure.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, /� N �/
"fZccl u -5 -/.-'-Lfrvet '"
Michelle Shone-Principato
Division Director
Stipulation, Agreement and Order
Bison Breath
LED Case No. 2025LWUL0023
Page 2
BEFORE THE LIQUOR ENFORCEMENT DIVISION
DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION, AGREEMENT, AND ORDER
IN THE MATTER OF:
Bison Breath, LLC
d/b/a Bison Breath
104 10 Street
Ault, Colorado 80610-9990
Bisonbreath 1(a,aol.com
Tobacco License No. None
Respondent.
LED Case No. 2025LWUL0023
THIS STIPULATION, AGREEMENT, AND ORDER ("Order") between the State of Colorado
Department of Revenue, Liquor Enforcement Division, ("Division"), Bison Breath, LLC
("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. Retailer is located at 104 151 Street, Ault, Colorado 80610-9990 ("Retail Location").
Stipulation, Agreement and Order
Bison Breath
LED Case No. 2025LWUL0023
Page 3
4. Pursuant to section 44-7-104.5(1)(a)(I), C.R.S., effective July 1, 2021, a retailer doing
business in this state shall not sell or offer for sale cigarettes, tobacco products, or nicotine
products in this state without first obtaining a state license as a retailer from the Division.
5. Pursuant to section 25-14-203(4), C.R.S., a "cigar -tobacco bar" is defined as a bar that, in
the calendar year ending December 31, 2005, generated at least five percent or more of its
total annual gross income or fifty thousand dollars in annual sales from the on -site sale of
tobacco products and the rental of on -site humidors, not including any sales from vending
machines. In any calendar year after December 31, 2005, a bar that fails to generate at least
five percent of its total annual gross income or fifty thousand dollars in annual sales from
the on -site sale of tobacco products and the rental of on -site humidors shall not be defined
as a "cigar -tobacco bar" and shall not thereafter be included in the definition regardless of
sales figures.
6. 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.
7. Retailer admits to the following facts and violation regarding the date of investigation,
April 15, 2025:
a. Retailer did not have a state license from the Division to sell cigarettes, tobacco
products, and nicotine products at retail.
b. Retailer offered cigarettes, tobacco products, and/or nicotine products for sale at its
Retail Location.
c. By having cigarettes, tobacco products, or nicotine products available for purchase
without a state license from the Division, Retailer violated section 44-7-
104.5(1)(a)(I), C.R.S.
d. Retailer was formed on June 21, 2002, according to the Colorado Secretary of
State's website, and Retailer allows smoking indoors.
e. By allowing indoor smoking, Retail violated section 25-14-203(4), C.R.S.
8. Retailer and the Division stipulate the violations admitted in paragraph 7 shall be
considered Retailer's first violation of sections 44-7-104.5(1)(a)(I), C.R.S., and 25-14-
203(4), C.R.S., within a twenty-four (24) month period commencing on the date set forth
in paragraph 7.
9. Retailer and the Division agree, in lieu of proceeding with an Order to Show Cause and
subsequent administrative action, to the following sanction:
Stipulation, Agreement and Order
Bison Breath
LED Case No. 2025LWUL0023
Page 4
a. Retailer agrees to pay a fine totaling one thousand dollars and zero cents
($1,000.00). Payment of the fine shall either be made online at:
https://secure.colorado.gov/payment/liquor by selecting 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. Retailer agrees that:
i. Retailer will submit a completed Tobacco Retail application to the Division
by May 22, 2025:
OR,
ii. The Retailer will immediately cease offering cigarettes, tobacco products,
and/or nicotine products for sale at the Retail Location and will provide
evidence of its cessation to the Division May 22, 2025.
c. Retail agrees to no longer allow smoking on the premises located at 104 10 Street,
Ault, Colorado 80610-9990.
d. Retailer agrees to return this executed Order and remit the required fine payment in
paragraph 9(A) by June 6, 2025.
10. The Division will execute this Order upon receipt of the requirements in paragraph 9. If
the Division does not receive the Order executed by the Retailer AND fine payment
required by 9(A), and either confirmation of a retail tobacco application submission
or confirmation of cessation of required by paragraph 9(B) by June 6, 2025, the
Division will proceed with the issuance of an Order to Show Cause and Retailer's
admissions herein will be deemed withdrawn.
1 l . Nothing in this Order releases Retailer from its ongoing obligation to comply with section
44-7-104.5, C.R.S., including but not limited to applying for, receiving, and maintaining a
valid state license from the Division before selling, or offering for sale, cigarettes, tobacco
products, or nicotine products. Nothing in this Order shall be interpreted to release Retailer
from, or prohibit the Division from seeking to impose, the penalties set forth in section 44-
7-106(1)(c), C.R.S., for any future violations that occur within twenty-four (24) months of
the violation admitted in paragraph 7.
12. Retailer acknowledges the penalty for a second violation of sections 44-7-104.5(1)(a)(I),
C.R.S., and 25-14-203(4), C.R.S., within twenty-four (24) months is a fine of two -thousand
dollars ($2,000.00), and the penalty for a third violation of sections 44-7-104.5(1)(a)(I),
Stipulation, Agreement and Order
Bison Breath
LED Case No. 2025LWUL0023
Page 5
CR.S., and 25-14-203(4), C.R.S., within twenty-four (24) months is both a fine of three -
thousand dollars ($3,000.00) and an order prohibiting Retailer from selling cigarettes,
tobacco products, and nicotine products and rendering Retailer ineligible to apply for a
state license for three years following the date of that order.
13. 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.
14. 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.
15. 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.
16. 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. Failure to comply with the terms of this
Order, including the failure to pay the complete fine amount in paragraph 8(A) may result
in a civil action filed by the attorney general including reasonable attorney fees pursuant
to subsection 44-7-105(6), C.R.S.
17. 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.
18. 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;
Stipulation, r\lrttirnwnt and (hoe,
1) st i (1rr nth
Case NO `tt.\1\ht l h►?1
rage t,
d. 1'hr tight io engage in pre -hearing exchange of evidence with the Division and to
review the Ills resin's es Rime prior to hearing. and
e. The right to judicial review of this Otter pursuant to sections 24-4-11)6 and 44-7-
105t51.
14. lion approval and order of the Division. this Order shall become a permanent part of the
Retailer's record with the Do t'ton, audit shall Inc open to public inspestton and published
pursuant to the Division's standard policies and procedures or applicable law.
20. 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.
intetwet, 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.
D
Biso B ath, LLC
61/42' (
Date
APPROVED and ORDERED on the date set forth in the electronic signature below.
Michelle Stone- Dl9itauy signed by
Michelle Stone-Principato
Princi ato Date: 2025.07.11
P is:as:a�-os•oo•
Michelle Stone-Principato
Director
Liquor and Tobacco Enforcement Div ieioe
Department of Revenue
Stipulation, Agreement and Order
Bison Breath
LED Case No. 2025LWUL0023
Page 7
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing STIPULATION, AGREEMENT,
AND ORDER was placed in the United States Mail on and sent via electronic mail, on the date
set forth in the electronic signature below, addressed as follows:
Licensee Business Address
Bison Breath, LLC
d/b/a Bison Breath
104 1st Street
Ault, CO 80610-9990
Bisonbreathl@aol.com
Tobacco License No. None
Licensee Mailing Address
Bison Breath, LLC
d/b/a Bison Breath
P.O. Box 1185
Ault, CO 80610-1185
Bisonbreathl@aol.com
Liquor aid 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: 2025.07.14
09:13:47 -08'00'
Noelle Hollar
Legal Assistant
Liquor and Tobacco Enforcement Division
Department of Revenue
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