HomeMy WebLinkAbout20232635.tiffChloe White
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Good morning,
Admin Actions - DOR, LED <led_adminactions@state.co.us>
Wednesday, August 30, 2023 10:28 AM
sSullivan@townofault.org; Chloe White; Esther Gesick
Executed Stipulation - Metro Gas & Convenience Store, Inc. (Tobacco)
Metro Gas & Convenience Store Signed TOB Stip + COS (NH).pdf
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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: led adminactionsastate.co.us.
Respectfully,
Colorado Liquor Enforcement Division
0
1707 Cole Blvd, Suite 300, Lakewood, CO 80401
office: 303-205-2300 I fax: 303-866-2428
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❑
Licensing Email: dor liglicensingastate.co.us
Enforcement Email: dor led@state.co.us
LED Administrative Action Email: LED adminactionst�state.co.us
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2023-2635
Stipulation, Agreement, and Order
Metro Gas & Convenience Store, Inc.
LED Case No. 2023LW0097
Page 1
BEFORE THE LIQUOR ENFORCEMENT DIVISION
DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION, AGREEMENT, AND ORDER
IN THE MATTER OF:
Metro Gas & Convenience Store, Inc.
d/b/a Metro Gas & Convenience Store, Inc.
201 Hwy 85
Ault, CO 80610
nemat7@msn.com
Tobacco License No. TOB-001304
Respondent.
LED Case No. 2023LW0097
THIS STIPULATION, AGREEMENT, AND ORDER ("Order") between the State of Colorado
Department of Revenue, Liquor Enforcement Division, ("Division"), and Metro Gas &
Convenience Store, Inc., Tobacco License No. TOB-001304 ("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
Metro Gas & Convenience Store, Inc.
LED Case No. 2023LW0097
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,
June 12, 2023:
A. Retailer holds a Tobacco Retail License No. TOB-001304 with a business address
of 201 Hwy 85, Ault, CO 80610 ("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 17 -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, Anaid Gomez, sold or permitted the sale of
Camel Crush 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 payable to the Colorado Department of Revenue
Stipulation, Agreement, and Order
Metro Gas & Convenience Store, Inc.
LED Case No. 2023LW0097
Page 3
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 August 25,
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
Metro Gas & Convenience Store, Inc.
LED Case No. 2023LW0097
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.
Nemat Qasemi
Metro Gas & Convenience Store, Inc.
/2_ /I.e. 23
Date
APPROVED and ORDERED on the date set forth in the electronic signature below.
Michelle Stone- °igitallysignedby
Michelle Stone-Principato
Principato °ate: 2023.08.29
07:40:00 -06'00'
Michelle Stone-Principato
Director
Liquor and Tobacco Enforcement Division
Department of Revenue
Stipulation, Agreement, and Order
Metro Gas & Convenience Store, Inc.
LED Case No. 2023LW0097
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
Metro Gas & Convenience Store, Inc.
d/b/a Metro Gas & Convenience Store, Inc.
201 Hwy 85
Ault, CO 80610
nemat7@msn.com
Tobacco License No. TOB-001304
Licensee Mailing Address
Metro Gas & Convenience Store, Inc.
d/b/a Metro Gas & Convenience Store, Inc.
P.O. Box 1187
Ault, CO 80610
nemat7@msn.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: 2023.08.30
09:27:07 -08'00'
Noelle Hollar
Legal Assistant
Liquor and Tobacco Enforcement Division
Department of Revenue
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