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Home My WebLink About20211517.tiffBEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE LICENSING AUTHORITY STATE OF COLORADO Case No. 20L013 STIPULATION, AGREEMENT, AND ORDER IN THE MATTER OF: COL -BARB, LLC D/B/A MAGGI'S KITCHEN 3815 STATE HIGHWAY 119 LONGMONT, CO 80504 Email: carolvb40@gmail.com Hotel & Restaurant Liquor License No. 03-12559 Respondent. LED Case No. 21-0351 This STIPULATION, AGREEMENT, AND ORDER ("Order") between the State of Colorado, Department of Revenue, Liquor Enforcement Division ("Division") and Col -Barb, LLC, d/b/a Maggi's Kitchen, located at 3815 State Highway 119, Longmont, Colorado 80504, which holds Hotel & Restaurant Liquor License Number 03-12559, hereinafter ("Licensee"), is offered for the purpose of settlement and to avoid the uncertainty and cost of future administrative action. The Division and Licensee hereby stipulate and agree as follows: 1. The Executive Director of the Department of Revenue as the State Licensing Authority ("State Licensing Authority") has jurisdiction over Licensee and the subject matter herein pursuant to the provisions of subsections 44-3-201(1) and 44-3-202(1)(a), C.R.S. 2. Pursuant to subsection 44-3-601(1), C.R.S., the State Licensing Authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the Licensee shall be afforded an opportunity to be heard, to fine a licensee or to suspend or revoke a license for a violation of the Colorado Liquor Code, sections 44-3-101 et seq., C.R.S. ("Liquor Code") or the regulations promulgated thereunder, 1 CCR 203-2 ("Liquor Rules") by the Licensee or any agents or employees of the Licensee. JYlnrinuniCa.-tionS Opfr-1f&I cc.CACE50/ (3G), 5O(ac / tri r RS) °comer al 2021-1517 LGOO I Stipulation, Agreement, and Order Col -Barb, LLC, d/b/a Maggi's Kitchen Hotel & Restaurant Liquor License No. 03-12559 Page 2 3. Licensee has been the subject of an investigation conducted by the Division. 4. The State Licensing Authority served an Order of Summary Suspension, Order to Show Cause, Notice of Hearing, and Notice of Duty to Answer to Licensee on December 11, 2020, alleging violations of the Liquor Rules, a copy of which is attached hereto as Exhibit 1. 5. Carol Parker ("Parker") is the owner of Col -Barb, LLC, d/b/a Maggi's Kitchen, Hotel & Restaurant Liquor License (License Number 03-12559), located at 3815 State Highway 119, Longmont, Colorado 80504 ("Licensed Premises"). 6. On March 11, 2020, the Governor of Colorado issued Executive Order D 2020- 003, Declaring a Disaster Emergency Due to the Presence of Coronavirus Disease 2019 (COVID-19) in Colorado. 7. Pursuant to Colorado Revised Statute subsection 24-33.5-704(7)(h), C.R.S., during a disaster or emergency, the Governor has the following authority: "in addition to any other powers conferred upon the governor by law, the governor may:... Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles." 24-33.5-704.5(7)(h), C.R.S. 8. Thereafter, the Governor of Colorado has issued, amended or extended over two hundred executive orders in connection with COVID-19. 9. On November 20, 2020, the Colorado Department of Public Health and Environment (CDPHE) issued the Second Amended Public Health Order 20- 36 COVID-19 Dial (PHO 20-36) which establishes a COVID-19 Dial consisting of six levels that counties qualify for based on meeting specific metrics. 10. "Level Red: Severe Risk" limits operating capacities for several sectors. 11. When a county is in Level Red, restaurants are closed for in -person indoor dining. 12. On November 22, 2020, CDPHE moved Weld County to Level Red. 13. PHO 20-36 defines a restaurant as "restaurants, food courts, cafes, coffeehouses, and other similar places of public accommodation offering food or beverage for on -premises consumption or from a licensed retail food establishment." Stipulation, Agreement, and Order Col -Barb, LLC, d/b/a Maggi's Kitchen Hotel & Restaurant Liquor License No. 03-12559 Page 3 14. The Division and Licensee have discussed the merits of the investigation and allegations, and they have come to a mutual agreement and understanding to jointly propose to the State Licensing Authority a resolution of the allegations in lieu of proceeding to an administrative hearing on the Order to Show Cause issued by the State Licensing Authority to determine the merits of such allegations. The terms and conditions of this Order are subject to approval by the State Licensing Authority. 15. Licensee admits to the following facts and violation: A. Licensee's Licensed Premises is located within Weld County. B. On December 1, 2020, following a citizen's complaint alleging that Licensee was violating PHO 20-36, an investigator for the Division ("Investigator") contacted Parker who confirmed that she was allowing in -person dining on the Licensed Premises in violation of the PHO and stated "she had no plans to stop." C. On December 3, 2020, at approximately 12:25 p.m., approximately seven (7) patrons were dining inside the Licensed Premises. D. On December 3, 2020, an Investigator advised Parker that in -person dining on the Licensed Premises was a violation of the current Public Health Order ("PHO") and the Liquor Rules. i. Parker informed the Investigator that the restaurant was in Weld County and [that] Weld County was not enforcing the PHO. ii. Parker, for a second time, informed the Investigator that she had no plans to stop indoor dining or to comply [with the PHO]. iii. Parker stated to the Investigator, "if she lost her liquor licenses so be it". E. On December 4, 2020: i. Approximately twenty (20) patrons were present and dining in the Licensed Premises; and Stipulation, Agreement, and Order Col -Barb, LLC, d/b/a Maggi's Kitchen Hotel & Restaurant Liquor License No. 03-12559 Page 4 ii. Licensee's employee served, and the Investigators purchased, one alcohol beverage and one non -alcohol beverage while seated inside the Licensed Premises. F. Licensee violated Regulation 47-1102(B), 1 CCR 203-2, as "[a]ll licensees, and their agents, servants and employees, shall comply with any applicable public health orders relating to businesses which manufacture, distribute, and sell alcohol beverages and the operation of their licensed premises. For purposes of this Regulation 47-1102, licensees shall comply with all public health orders issued by the Colorado Department of Public Health and Environment ("CDPHE") and any public health orders issued by the county or municipality in which the licensed premises is located which contain more protective standards; except if the licensed premises is located in a county that obtained approval from CDPHE for a variance from the requirements of any applicable CDPHE public health orders, then the licensee shall comply with the county's approved variance." 16. Licensee and the Division agree, in lieu of proceeding with an administrative hearing on the Order to Show Cause and subsequent administrative action, to the following sanctions: A. Licensee agrees to voluntarily surrender its Hotel & Restaurant Liquor License Number 03-12559 by completing and executing an Affidavit for Surrender of State Liquor License, attached hereto as Exhibit 2. The voluntary surrender is accepted and approved by the State Licensing Authority and effective as of the date of Licensee's signature on the Affidavit. B. Licensee agrees not to apply for a liquor license from the State of Colorado for a period of one (1) year from the date that this Stipulation, Agreement, and Order is fully executed by all parties and approved by the State Licensing Authority. C. Licensee certifies that, in the event that Licensee holds a liquor license in the future, Licensee will comply with all applicable state statutes, regulations, executive orders, and public health orders. Stipulation, Agreement, and Order Col -Barb, LLC, d/b/a Maggi's Kitchen Hotel & Restaurant Liquor License No. 03-12559 Page 5 17. Licensee acknowledges receipt of sufficient notice, advisement of rights, and process of the proceedings and wishes to resolve all issues which were the subject of the investigation, by entering into this Order. 18. This Order shall be admissible as evidence at any future hearing before the State Licensing Authority and may be used in connection with any future actions by the State Licensing Authority. 19. Licensee expressly agrees and acknowledges that Licensee has entered into this Order knowingly and voluntarily. Licensee 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, Licensee affirms that Licensee has read this Order and fully understands its nature, meaning and content. Licensee agrees that upon execution of this Order, no subsequent action or assertion shall be maintained or pursued by Licensee asserting the invalidity in any manner of this Order. 20. 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. 21. Licensee understands, and knowingly and voluntarily enters into, this Order. Licensee 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 Licensee at a formal hearing; C. The right to subpoena witnesses, present evidence and to testify on Licensee'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 Stipulation, Agreement, and Order Col -Barb, LLC, d/b/a Maggi's Kitchen Hotel & Restaurant Liquor License No. 03-12559 Page 6 E. The right to file exceptions and seek administrative review of an initial decision. 22. By signing this Order, Licensee consents to the terms and conditions described herein and agrees to waive the right to judicial review of this Order pursuant to section 24-4-106, C.R.S. 23. All the costs and expenses incurred by Licensee related to this Order or compliance with this Order shall be the sole responsibility of Licensee and shall not in any way be the obligation of the Division. 24. If approved by the State Licensing Authority, this Order shall become effective on the date this Order is served upon Licensee as set forth in the attached Certificate of Service. Should the State Licensing Authority reject the terms hereof, Licensee's admissions herein shall be deemed withdrawn, and the matter will be scheduled for a hearing on the Order of Summary Suspension and Order to Show Cause. 25. Upon approval and order of the State Licensing Authority, this Order shall become a permanent part of the Division's records, and it shall be open to public inspection and published pursuant to the Division's standard policies and procedures or applicable law. 26. Upon execution by all 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 44-3-601, C.R.S., except that it may not be appealed. Failure to comply with the terms of this Order may be sanctioned by the State Licensing Authority as set forth in the Liquor Code and the Liquor Rules. 27. 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. 28. For the purpose of addressing any future violations of the Order, the Liquor Code, the Beer Code, the Special Event Code, and/or the Liquor Rules, shall hereby include all later adopted codes, rules, or regulations that are in effect at the time of the violation(s). Stipulation, Agreement, and Order Col -Barb, LLC, d/b/a Maggi's Kitchen Hotel & Restaurant Liquor License No. 03-12559 Page 7 29. Upon approval of this Order by the State Licensing Authority, the Division shall file a Notice of Final Agency Action with the Hearings Division, requesting that the administrative case be closed. 30. 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. Signature Page to Follow Stipulati€m, Agreement, d/h'a Magma's Kitchen itote! & Restawani Liquor License No, 03-12559 Page $ Colorado Department of Revenue Liquor Enforcement Division Michelle 5tone- Principato Digitally signed by Michelle Stone-Principato Date: 2021.03.31 13:00:38.06'00' Signature Above Col -Barb, LLC, d/b/a Maggi's Kitchen Hotel & Restaurant Liquor License No. 03-12559 By: Carol Parke Owner Date DERED on the date set forth in the electronic signat Mark Digitally signed by Mark Ferrandino Date: 2021.04.04 Ferrandino 14:02:22 -06'00' Stipulation, Agreement, and Order Col -Barb, LLC, d/b/a Maggi's Kitchen Hotel & Restaurant Liquor License No. 03-12559 Page 9 CERTIFICATE OF SERVICE I hereby certify that a true and accurate copy of the foregoing STIPULATION, AGREEMENT, AND ORDER was duly placed in the United States Mail, first class postage pre -paid and sent via electronic mail, on the date set forth in the electronic signature below, addressed as follows: Licensee: COL -BARB, LLC D/B/A MAGGI'S KITCHEN 3815 STATE HIGHWAY 119 LONGMONT, CO 80504 Email: carolvb40@gmail.com Counsel for the Liquor Enforcement Division: John B. Viverito Senior Assistant Attorney General Deanna L. Westfall Assistant Attorney General Colorado Department of Law Revenue & Utilities Section Ralph L. Carr Colorado Judicial Center 1300 Broadway, 8th Floor Denver, Colorado 80203 Email:john.viverito@coag.gov; deanna.westfall@coag.gov; jade. darnell@coag.gov; kellie.anderson@caog.gov Liquor Enforcement Division P.O. Box 17087 Denver, CO 80217-0087 Dor led@state.co.us Alexandra Digitally signed by Alexandra Prichard Prichard Date: 2021.04.07 13:02:03 By: -06'00' Alexandra Prichard Chloe Rempel From: Sent: To: Subject: Attachments: LED -, DOR_ <dor_led@state.co.us> Thursday, June 3, 2021 12:08 PM Chloe Rempel; Esther Gesick Stipulation - Maggi's Kitchen Maggi's Kitchen STIP (AGs) w COS 4.4.21.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you have any questions/inquiries or you want to communicate about anything relating to this stipulation, please email brian.turner@state.co.us. Sorry for the delay. It was sent to the Longmont City Clerk. Have a great day. Colorado Liquor Enforcement Division Licensing Email: dor liqlicensing@state.co.us Enforcement Email: dor led@state.co.us LED Legal Email: dor led legal@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. 1 Chloe Rempel From: Sent: To: Subject: Hey Robert, Chloe Rempel Wednesday, June 2, 2021 3:47 PM Darrow - DOR, Robert RE: Col -Barb, LLC, dba Maggi's Kitchen I hope you are doing well and had a nice Memorial Day weekend. I'm just touching base on Col -Barb, LLC, dba Maggi's Kitchen — any word on the signed stip yet? Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Darrow - DOR, Robert <robert.darrow@state.co.us> Sent: Friday, March 26, 2021 1:34 PM To: Chloe Rempel <crempel@weldgov.com> Subject: Re: Col -Barb, LLC, dba Maggi's Kitchen Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Chloe, I am not showing that we have received it yet. Our enforcement team is going to reach out and contact the licensee to see if we can get this straightened out. I let them know the Licensee is reporting that she signed and returned the paperwork based on our emails in early February. Thank you for checking and feel free to reach back out. If I find anything else out in the meantime I will let you know. i Thank You, Robert W. Darrow (he, him, his) Agent in Charge - Licensing COLORADO Department of Revenue Specialized Business Group — Liquor Es Tobacco Cole Center 1697 Cole Boulevard, Suite 200, Golden, CO 80401 Cell: 970-534-0946 I fax: 303-866-2428 email: robert.darrow®state.co.us www.colorado.gov/enforcement/liquor Liquor Enforcement Division Email Subscription: https: //www.colorado.gov/pacific/enforcement/liquor-enforcement-division-email-subscription For licensing questions: Licensing: DOR_LIQLICENSING@state.co.us For enforcement questions: Enforcement: DOR_LED@state.co.us, Have a Tip: https://apps.colorado.gov/apps/dor/mip/anonymousTipForm.jsf Are you a Clerk? Clerks Corner: https://www.colorado.gov/pacific/enforcement/clerks-corner On Thu, Mar 25, 2021 at 1:40 PM Chloe Rempel <crempel@weldgov.com>wrote: Hi Robert! Hope all is well. Did you ever receive the signed stipulation back from Col -Barb, LLC, dba Maggi's Kitchen? Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street 2 Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel(c�weldgov.corn Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Darrow - DOR, Robert <robert.darrow@state.co.us> Sent: Thursday, February 11, 2021 3:45 PM To: Chloe Rempel <crempel@weldgov.com> Subject: Re: Col -Barb, LLC, dba Maggi's Kitchen Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, No need to apologize. This has taken a long time and I would have probably thought the same thing. I checked with enforcement this AM and they indicated they haven't seen the signed copies back yet. If we received them via certified mail, they may be making their way over to our enforcement folks for processing. We will be in touch and don't hesitate to reach out if you don't hear back in a week or so. Thank You, Robert W. Darrow 3 (he, him, his) Agent in Charge - Licensing COLORADO Department of Revenue Specialized Business Group — Liquor & Tobacco Cole Center 1697 Cole Boulevard, Suite 200, Golden, CO 80401 Cell: 970-534-0946 I fax: 303-866-2428 email: robert.darrow®state.co.us www.colorado.gov/enforcement/ liquor Liquor Enforcement Division Email Subscription: https: / /www.colorado.gov/pacific/enforcement/liquor-enforcement-division-email-subscription For licensing questions: Licensing: DOR LIQLICENSING@state.co.us For enforcement questions: Enforcement: DOR LED@state.co.us, Have a Tip: https://apps.colorado.gov/apps/dor/mip/anonymousTipForm.jsf Are you a Clerk? Clerks Corner: httjs://www.colorado.gov/pacific/enforcement/clerks-corner On Thu, Feb 11, 2021 at 3:20 PM Chloe Rempel <crempel@weldgov.com>wrote: Thank you, Robert. The licensee indicated she had signed and returned the documents to LED, and already received confirmation back, which is why I thought they were finalized — my apologies! 4 Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel(a�weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Darrow - DOR, Robert <robert.darrow@state.co.us> Sent: Thursday, February 11, 2021 10:53 AM To: Chloe Rempel <crempel@weldgov.com> Subject: Re: Col -Barb, LLC, dba Maggi's Kitchen Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Chloe, 5 Thank You for the message and my apologies no one responded to your December 22 email. This stipulation is still not executed on our end. The stipulation does require them to surrender as well. As soon as we receive the executed documents and process them we will send copies your way. Thank You, Robert W. Darrow (he, him, his) Agent in Charge - Licensing coop COLORADO Department of Revenue Specialized Business Group — Liquor & Tobacco Cole Center 1697 Cole Boulevard, Suite 200, Golden, CO 80401 Cell: 970-534-0946 I fax: 303-866-2428 email: robert.darrow@state.co.us www.colorado.gov/enforcement/ liquor Liquor Enforcement Division Email Subscription: https: / /www.colorado.gov/pacific/enforcement/Liquor-enforcement-division-email-subscription For licensing questions: Licensing: DOR_LIQLICENSING@state_co.us For enforcement questions: Enforcement: DOR_LED®State.co.us, Have a Tip: https://apps.colorado.gov/apps/dor/mip/anonymousTipForm.jsf Are you a Clerk? Clerks Corner: https://www.colorado.gov/pacific/enforcement/clerks-corner 6 On Thu, Feb 11, 2021 at 9:57 AM Chloe Rempel <crempel@weldgov.com>wrote: Good Morning Robert, I found out this morning that Maggi's Kitchen at 3815 State Highway 119, Longmont, CO 80504, not only had their license suspended (which was in the bulletins sent out by LED and I asked for a copy on December 22, 2020 — which was never received), but also surrendered their State license. I was never given any notice that their license was surrendered or provided with copies of any of the attached documents. As far as I was aware, Maggi's Kitchen still has a valid County license. Can you please provide me with a signed copy of the attached documents for the local licensing file? Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel.' (970) 400-4213 Email: crempel(�weldgov.corn 7 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. s Hello