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Home My WebLink About20232927.tiffCaution: This email originated from outside of Weld County Govemment. Do not dick links or open attachments unless you recognize the sender and know the content is safe. Good morning, Attached is an executed stipulation for the licensee listed in the subject line. If you have any questions or inquiries regarding this executed stipulation, please email: lec_adminactionsOstaje rf1 tt,¢ Respectfully, Colorado Liquor Enforcement Division tB! 1707 Cole Blvd, Suite 300, Lakewood, CO 80401 office 303-205-2300 fax 303-866-2428 Licensing Email: dor lialicensingQstate co u8 Enforcement Email: dor Iedestate,rn ua LED Administrative Action Email: LED adminacfionsrrDstate.co.s it message is confidential information Intendetl !or the use of the nametl recipient only. You are hereby notifietl that any tlisseminaUon, tllsfribution, or copying of this ve received this communication in error, please Immediately notify the sender by replying to this electronic a -mail. C_Zmrnunica-+:ons tot 09la3 cc.: cAcee l mc) toloala3 2023-2927 COLORADO Department of Revenue Specialized Business Group— li . b Tobacco Physical Address: 1707 Cole Blvd., Ste. 300 Lakewood, CO 80401 September 15, 2023 Kum & Go #2906 d/b/a Kum & Go 2906 90 West Veterans Drive Keenesburg, CO 80643 licenses@kumandgo.com Dear Licensee: Mailing Address: Colorado Liquor Enforcement Division P.O. Box 17087 Denver, CO 80217-0087 On July 25, 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, Michelle Stone-Principato Division Director Liquor and Tobacco Enforcement Division Stipulation, Agreement, and Order Kum & Go 2906 LED Case No. 2023LW0075 Page 1 BEFORE THE LIQUOR ENFORCEMENT DIVISION DEPARTMENT OF REVENUE STATE OF COLORADO STIPULATION, AGREEMENT, AND ORDER IN THE MATTER OF: Kum & Go #2906 d/b/a Kum & Go 2906 90 West Veterans Drive Keenesburg, CO 80643 licenses@kumandgo.com Tobacco License No. TOB-004671 Respondent. LED Case No. 2023LW0075 THIS STIPULATION, AGREEMENT, AND ORDER ("Order") between the State of Colorado Department of Revenue, Liquor Enforcement Division, ("Division"), and Kum & Go #2906, Tobacco License No. TOB-004671 ("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. 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 Stipulation, Agreement, and Order Kum & Go 2906 LED Case No. 2023LW0075 Page 2 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, July 25, 2023: A. Retailer holds Tobacco Retail License No. TOB-004671 with a business address of 90 West Veterans Drive, Keenesburg, CO 80643 ("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 an 18 -year -old underage operative, 23MLK17061 ("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 Paul Springer sold or permitted the sale of Camel cigarettes, tobacco products, and/or nicotine products 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 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. Stipulation, Agreement, and Order Kum & Go 2906 LED Case No. 2023LW0075 Page 3 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 October 13, 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; C. The right to subpoena witnesses, present evidence, and testify on Retailer's own behalf at a formal hearing; Stipulation, Agreement, and Order Kum & Go 2906 LED Case No. 2023LW0075 Page 4 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. September 18, 2023 Jialda Burrows Kum & Go #2906 Date APPROVED and ORDERED on the date set forth in the electronic signature below. Christine Schmid as Digitaltysigned by Christine for Michelle scnmmaspro:y for Michelle Prox Y Stone-Pnncipato Stone-Principato Date: 2023.09.2021:03:19-06'00' Michelle Stone-Principato Director Liquor and Tobacco Enforcement Division Department of Revenue Stipulation, Agreement, and Order Kum & Go 2906 LED Case No. 2023LW0075 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 Kum & Go #2906 d/b/a Kum & Go 2906 90 West Veterans Drive Keenesburg, CO 80643 licenses@kumandgo.com Tobacco License No. TOB-004671 Licensee Mailing Address Kum & Go #2906 d/b/a Kum & Go 2906 1459 Grand Avenue Des Moines, IA 50309 licenses@kumandgo.com Liquor and Tobacco Enforcement Division P.O. Box 17087 Denver, CO 80217-0087 led adminactions@state.co.us By: J. Noelle Hollar Noelle Hollar Legal Assistant Liquor and Tobacco Enforcement Division Department of Revenue Digitally signed by J. Noelle Hollar Date: 2023.09.26 09:04:19 -06'00' Hello