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Home My WebLink About20181545.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING RENEWAL APPLICATION FOR 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL LICENSE ISSUED TO ANA M. LUCERO, DBA POLLO FELIZ WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, at a public meeting on April 2, 2018, the Board of County Commissioners of Weld County, Colorado, was presented with an application from Ana M. Lucero, dba Polio Feliz, for the renewal of a 3.2 Percent Beer On -Premise (County) Retail License for the sale of fermented malt beverages, containing not more than 3.2 percent of alcohol by weight, for consumption by the drink on the premises only, only at retail at said location, subject to the rules and regulations found in Article 47, Title 12, C.R.S., and WHEREAS, at said meeting, the Board deemed it advisable to continue said matter to April 9, 2018, to allow the applicant adequate time to present information relating to the completion of or intent to complete "Responsible Vendor" training, as required by the Board per Resolution #2017-2962, approved on the 28th day of August, 2017, and WHEREAS, on April 9, 2018, the Board determined that Ana M. Lucero and each employee were not "Responsible Vendor" trained within the thirty (30) day requirement set by the Board on the 28th day of August, 2017, and documentary evidence had not been submitted to the Weld County Clerk to the Board's Office, and WHEREAS, at said meeting, the Board deemed it advisable to continue said matter to May 14, 2018, to allow the applicant further time to submit documentary evidence relating to the completion of "Responsible Vendor" training, as required by the Board per Resolution #2017- 2962, approved on the 28th day of August, 2017, and WHEREAS, on May 14, 2018, the Board did determine that Ana M. Lucero and each employee were "Responsible Vendor" trained, and documentary evidence was submitted to the Clerk to the Board's Office, as required by the Board per Resolution #2017-2962, approved on the 28th day of August, 2017, and WHEREAS, at said meeting, the Board was presented with information pertaining to the applicant not serving the ordered suspension by the Colorado Department of Revenue, Liquor Enforcement Division ("Division"), also a requirement by the Board per Resolution #2017-2962, initially served by the Liquor Enforcement Division in 2017, and WHEREAS, the Colorado Department of Revenue, Liquor Enforcement Division, re- served the above mentioned suspension in May 2018, to be held from May 11, 2018, through May 20, 2018, which was signed by Ana M. Lucero, with terms further described in Exhibit A, and WHEREAS, the Board deemed it advisable to continue said matter to May 21, 2018, at 9:00 a.m., to determine if the Division's suspension was served from May 11, 2018, through May 20, 2018, pursuant to the terms further described in Exhibit A, and 2018-1545 LC0045 cc:Ga.CFH), G2PPL o5/1T1els CONTINUE RENEWAL APPLICATION FOR 3.2 PERCENT BEER ON -PREMISE (COUNTY) RETAIL LICENSE - ANA M. LUCERO, DBA POLLO FELIZ PAGE 2 WHEREAS, the Board further determined that if the applicant has not completed the above mentioned suspension by May 21, 2018, a public hearing scheduled for May 21, 2018, at 9:00 a.m., will include testimony regarding whether good cause exists to refuse the renewal of the liquor license, pursuant to Section 12-2-40 of the Weld County Code, and Article 47, Title 12, Section 601, C.R.S. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the abovementioned matter be, and hereby is, continued to May 21, 2018, at 9:00 a.m., to determine if the abovementioned suspension was served, and BE IT FURTHER RESOLVED by the Board that the abovementioned matter be, and hereby is, continued to May 21, 2018 to determine whether good cause exists to refuse the renewal of the liquor license pursuant to Section 12-2-40 of the Weld County Code, and Article 47, Title 12, Section 601, C.R.S, and BE IT FURTHER RESOLVED by the Board that if Ana M. Lucero, dba Pollo Feliz, did not completed the abovementioned suspension by May 21, 2018, the public hearing scheduled for May 21, 2018, at 9:00 a.m., will include testimony regarding whether good cause exists to refuse the renewal of the liquor license, pursuant to Sec. 12-2-40 of the Weld County Code, and Article 47, Title 12, Section 601, C.R.S. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of May, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 2 ATTEST: �,. ;eA Weld County Clerk to the Board BY eputy Clerk to the Board AP' ' : v ED AS FORM: �✓i ounty Attorney Date of signature: O5/1/18 - Steve Moreno, Chair Mike Freeman 2018-1545 LC0045 BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO STIPULATION, AGREEMENT, AND ORDER SA 17-295 IN THE MATTER OF: ANA M. LUCERO D/B/A POLLO FELIZ 2523 8TH AVENUE GREELEY, COLORADO 80631 3.2% Beer On Premises License No. 46-00512 The State of Colorado, Liquor Enforcement Division ("Division") and Ana M. Lucero. d/b/a Polio Feliz, 2523 8th Avenue, Greeley, Colorado 80631, ("Licensee") hereby stipulate and agree as follows: 1. Licensee has been the subject of an investigation conducted by the Division. Agents of the Division allege violations of the Colorado Liquor Code, Sections 12-47-901(1)(g), 12-47-701, and 12-47-901(5)(h), C.R.S.; and the Colorado Liquor Rules, Regulations 47- 310(D) and 47-700, 1 C.C.R. 203-2. IT IS ALLEGED THAT: A. From May 31, 2017 through July 6, 2017, the Licensee sold and possessed for sale fermented malt beverages without required licenses being in full force and effect. B. On July 6, 2017, the Licensee failed to provide information fully, faithfully, truthfully and fairly when she misrepresented herself to a Division investigator who inquired if she was the owner. C. On July 6, 2017, the Licensee failed to post the required liquor warning sign regarding the prohibition against selling alcohol beverages to a person under the age of twenty-one. D. Throughout 2017, the Licensee has failed to keep a complete set of books and records to show fully the business transactions of said Licensee. Ocv-54S Stipulation, Agreement, and Order Polio Feliz Greeley Office Page 2 2. 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 Stipulation, Agreement, and Order ("Order"). 3. 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 the issuance by the State Licensing Authority of an Order to Show Cause and conducting a hearing to determine the merits of such allegations. The terms and conditions of this Order are subject to approval by the State Licensing Authority. 4. Licensee admits the violations as alleged above in paragraph 1. 5. Licensee agrees, in lieu of the issuance of an Order to Show Cause, and subsequent proceedings, to submit to the following sanctions: A. A thirty (30) day suspension of Licensee's 3.2% Beer On Premises license to take place as follows: i. License to be actively suspended for ten (10) days from 12:01 a.m. on May 11, 2018 until 11:59 p.m. on May 20, 2018. ii. During any period of active license suspension, Licensee shall post signs on its premises in compliance with Regulation 47-600(F), 1 C.C.R. 203-2. iii. Twenty (20) days of the suspension to be held in abeyance for a period of one (1) year, from the date of approval of this agreement by the state licensing authority, pending no further violations of the Colorado Liquor Code during this period. 6. This Order shall be admissible as evidence in future proceedings concerning any alleged violation of this Order. The matters at issue in said future proceeding shall be limited to the question of whether or not Licensee has failed to comply with the terms of this Order. Any issues relating to the underlying complaint or investigation that formed the basis for this Order against Licensee (and any defenses that Licensee may have to such complaint and investigation) shall specifically not be at issue in the proceeding against Licensee for failing to comply with the terms of this Order. In the event an alleged violation of this Order is taken to hearing and the State Licensing Authority determines that the allegations are proven, or Licensee enters into a stipulation in lieu of such a hearing in which it admits such allegations, the State Licensing authority shall, in addition to any other penalty imposed, order Licensee to serve all or any days of suspension presently Stipulation, Agreement, and Order Polio Feliz Greeley Office Page 3 held in abeyance pursuant to this agreement. In the event an alleged violation of this Order is taken to hearing and the State Licensing Authority determines that the allegations are unproven, then the Division shall take no further action and this Order shall remain operative and in full force and effect. 7. 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 § 12-47-601, 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 §§12-47-103(9) (b) and 12-47- 601, C.R.S. 8. 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 the opportunity to consult with 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, 9. 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. 10 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 State Licensing Authority 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 be represented by counsel of Licensee's own choosing and at Licensee's expense at any stage of this proceeding; E. The right to engage in pre -hearing discovery of the State Licensing Authority's evidence; and Stipulation, Agreement. and Order !'olio hcliz ( irecicy Off ice Page 4r I he right to appeal this Order. 1 1. All the costs and expenses incurred by Licensee to comply with this Order shall be the sole responsibility of the Licensee, and shall not in any way be the obligation of the Division. 12. [his Order shall he effective on the date approved and ordered by the Executive Director of the Department of Revenue, as the State Licensing Authority. Should the State Licensing Authority reject the terms hereof. Respondent's admissions herein shall he ithdra‘‘n, and the matter scheduled for a hearing after issuance of an Order to Shoe Cause. I Z. Upon approval and order of the State Licensing Authority. this Order shall become a permanent part of the record. and shall be open to public inspection and published pursuant to the Division's standard policies and procedures or applicable law. Patrick Maroney Director Liquor Enforcement Division Date Ana M. Luccro Ana M. Lucero Date APPROVED and ORDERED this If day of Michael S. Hartman Executive Director Department of Revenue State Licensing Authority 2018. Telecopy or electronic versions of this stipulation which contain to/ecopy facsimiles of signatures shall be deemed duplicate executed originals of the stipulation. This stipulation may be executed in counterparts and delivered by facsimile, U.S. Mail (or private carrier), or .pdf transmission. Stipulation, Agreement, and Order Polio Feliz Greeley Office Page 5 CERTIFICATE OF SERVICE I hereby certify that a true and accurate copy of the foregoing STIPULATION, A EEMENT, AND ORDER was placed in the United States Mail on f/ , 2018, addressed as follows: Ana M. Lucero d/b/a Polio Feliz 2523 8th Avenue Greeley, Colorado 80631 Liquor Enforcement Division 1881 Pierce Street, Suite 108 Lakewood, CO 80214 Sandra,Lowmanfii!state.co.us Christine Lovato Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Good Morning, Chloe Rempel Friday, May 18, 2018 11:57 AM 'mnevarez94@yahoo.com' Frank Haug SIGNED CONTINUANCE RESOLUTION - 5/14/18 - Polio Feliz 20181545.pdf Per request at the Board of County Commissioner's Hearing on Monday, April 9, 2018, I am sending all correspondence to both the home address of Ana Lucero at 1208 24th Avenue, Greeley, Colorado 80634, and to the email address mnevarez94yahoo.com. Please see the attached continuance resolution from May 14, 2018, signed by the Weld County Board of Commissioners. Forward as necessary. Sincere Regards, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 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. 1 WELD COUNTY LIQUOR LICENSE CERTIFICATE OF MAILING COMPANY CITY POSTAL STATE ADDRESS 1 LAST NAME FIRST NAME CODE ANA M. 4LUCERO 'POLLO FELIZ 1208 mnevarez94@yahoo. corn 24TH AVENUE GREELEY CO 80634 I hereby certify that I have sent a copy of the Resolution and Exhibit(s) in accordance with the notification requirements of Weld County in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 18th day of May, 2018. co a a a a r1CI Chloe A. Rempel Deputy Clerk to the Board U.S. Postal Servicee" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.cone. 24. !VIM Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fees Postmark Here 5/1 ge Sent To ccr%o + rn• L o c e's() ÷x2lbgx,Qo I t o �� I Street and Apt. No., or PO Box No. _1OQ -M +h GV. Ci , State, ZIP+41 r PS Form 3800, ' pril 2015 PSN 7530-02-000-9047 See Reverse for Instructions w p co Lj Ni 0 0 m CO N >- a CO z to u JE Oil of tt Q igrnCO M o M l2 �, aovo 5 co ` N o c0 a-. a a U] N ._a 1 a I v w i A4 = ANA M. LUCERO u. h. illbl .rol Wes l opoinan id a nelliElfrES rn ,, ...... 0 r-4 synon• rell MS no tU 4 0 ; N - tri Hi li it, INNS "i E yeas 0 1.4 C;awe ID CO4.1•Prem• Z u ILI In Ccz_i .... arMIMS i!'1 N -- iirt ----- w ill 03 FS i•-4 -�--- .. 1--4 GREELEY, CO 80E • Hello