HomeMy WebLinkAbout20233487.tiff Chloe White
From: Admin Actions-DOR,LED<led_adminactions@state.co.us>
Sent: Wednesday,November 29,2023 2:40 PM
To: Sarah.jacobsen@greeleygov.com;Allie.Powell@greeleygov.com;
cityclerk@greeleygov.com;Chloe White;Esther Gesick
Subject: Executed Stipulation-Big D#51(Tobacco)
Attachments: Big D#51 CC TOB signed stip+COS(NH).pdf
Caution:This email originated from outside of Weld County Government.Do not clicklinks or open attachments unless you recognize the
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Good afternoon,
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 adminactions(a�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
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Licensing Email:dor liglicensincastate.co.us
Enforcement Email:dor led(a.state.co.us
LED Administrative Action Email:LED adminactions(ajstate.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.
CJ,2)OntleIL,)r ;Ca.+:o t'1 S 1 2023-3487
1 alOCo I cc:CAC cr )
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Ira COLORADO
Department ofRevenue
COOP
Swiss.BwYrcss Grow-
War bTobacco Mailing Address:
Physical Address: Colorado Liquor Enforcement Division
1707 Cole Blvd.,Ste.300 P.O.Box 17087
Lakewood,CO 80401 Denver,CO 80217-0037
November 21,2023
Big D Oil Company
d.b.a.Big D#51
1000 35t Avenue
Greeley,CO 80634
ctaxhbigdoil.com
Dear Licensee:
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: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 adminactionsestate.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/pavment/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.The Order also contains a proposed
suspension time with proposed suspension dates,along with an established fine amount to be paid.The
suspension dates are negotiable,but the fine amount is not.
To discuss matters relating to this notice and the attached Order, you should contact
led adminactionshstate.co.us within ten(10)days of the date of this notice.
Sincerely,
�1 ZicI�GC��/wcc/.��
Michelle Stone-Principato
Division Director
Liquor and Tobacco Enforcement Division
Stipulation,Agreement,and Order
Big D#51
LED Case No.2023LW0133
Page 1
BEFORE THE LIQUOR ENFORCEMENT DIVISION
DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION,AGREEMENT,AND ORDER
IN THE MATTER OF:
Big D Oil Company
d.b.a.Big D#51
1000 35.Avenue
Greeley,CO 80634
ctax(a?,bigdoil.com
Tobacco License No.TOB-000469
Respondent.
LED Case No.2023LW0133
THIS STIPULATION,AGREEMENT,AND ORDER("Order")between the State of Colorado
Department of Revenue,Liquor Enforcement Division,("Division"),and Big D Oil Company,
Tobacco License No.TOB-000469("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)(6),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 fora 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
Big D#51
LED Case No.2023LW0133
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 Came issued by the Division to determine
the merits of such investigation and allegations.
1. Retailer admits to the following facts and violation regarding the date of investigation,
November 2,2023:
A. Retailer holds Tobacco Retail License No.TOB-000469 with a business address of
1000 35th Avenue,Greeley,Colorado 80634("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,Christopher Worden,sold or permitted the sale
of one pack of Marlboro 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.
H. Retailer previously sold a tobacco product to an Underage Operative on October
27,2022 in Case Number 2022LW0113.This case resulted in a stipulation
agreement,order and fine paid,which was fully executed by the Division on
November 14,2022.
5. Retailer and the Division stipulate the violations admitted in paragraph 5 are Retailer's
second 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.
6. 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
Big D#51
LED Case No.2023LW0133
Page 3
A. Retailer agrees to pay a fine totaling 5500.00.Payment of the fine shall either be
made online at:https://secure.colorado.aov/payment/1 iquor 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. A seven(7)day suspension of Licensee's Tobacco Retail license to take place as
follows:
i. License to be actively suspended for seven(7)days from 12:01 a.m.on
January 5,2024 until 11:59 p.m.on January 11,2024.
ii. During any period of active license suspension,Licensee shall post signs on
its premises in compliance with Regulation 7-601(3),1 C.C.R.203-1.
C. 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 December
22.2023.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.
Stipulation,Agreement,and Order
Big D#51
LED Case No.2023LW0133
Page 4
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:
C. 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;
D. The right to cross-examine all witnesses against Retailer at a formal hearing;
E. The right to subpoena witnesses,present evidence,and testify on Retailer's own
behalf at a formal hearing;
F. The right to engage in pre-hearing exchange of evidence with the Division and to
review the Division's evidence prior to hearing;and
G. 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.
Stipulation,Agreement,and Order
Big D#51
LED Case No.2023LW0133
Page 5
Abv
Dow-Pc1116y Date
Big D Oil Company
APPROVED and ORDERED on the date set forth in the electronic signature below.
Michelle Stone-Digitally signed by
Michelle Stone-Principato
Principato Date:2023.11.27
Michelle Stone-Principato
Director
Liquor and Tobacco Enforcement Division
Department of Revenue
Stipulation,Agreement,and Order
Big D#51
LED Case No.2023LW0133
Page 6
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 Licensee Mailing Address
Big D Oil Company Big D Oil Company
d.b.a.Big D#51 d.b.a.Big D#51
1000 35th Avenue P.O.Box 1378
Greeley,CO 80634 Rapid City,SD 57709
ctaxnu,bigdoil.com ctax®bigdoil.com
Tobacco License No.TOB-000469
Liquor and Tobacco Enforcement Division
P.O.Box 17087
Denver,CO 80217-0087
led adminactionsthstate.co.us
J.Noelle Nt:YE gredbyJ.
Holler Date:2023.11.29
By: 14:3013-07'00'
Noelle Hollar
Legal Assistant
Liquor and Tobacco Enforcement Division
Department of Revenue
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