HomeMy WebLinkAbout20172715.tiffRESOLUTION
RE: ACTION OF BOARD CONCERNING RENEWAL APPLICATION FOR 3.2 PERCENT
BEER ON -PREMISE (COUNTY) RETAIL LIQUOR LICENSE - 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, the Board has been presented with a renewal application for a 3.2 Percent
Beer On -Premise (County) Retail Liquor License for Ana M. Lucero, dba Polio Feliz, and
WHEREAS, a hearing before the Board was held on the 7th day of August, 2017, at which
time the Board deemed it advisable to continue said matter to August 28, 2017, to allow
Ana M. Lucero, dba Polio Feliz, additional time to respond to the Colorado Department of
Revenue concerning suspension and penalty enforcement.
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
August 28, 2017, at 9:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of August, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLODO
ATTEST: dithiv .X11o•&k,
Weld County Clerk to the Board
BY
APP
6 y ' ttorney
Date of signature: '«"t l
Julie A. Czad, Chair
Steve Moreno, Pro -Tern
. Conway
cc: ca.CF-H),
GL PPL
-! 8'/ 17
Barbara Kirkmeyer
2017-2715
LC0045
LIQUOR ENFORCEMENT DIVISION
ALCOHOL & TOBACCO ENFORCEMENT
Department of Revenue
Case Report
Case Number: 18.0006
Date of Offense: 611/2017
Case Summary
On 07/06/17 at 1645 hours, Weld County Deputy Clerk to the Board, CHLOE REMPEL, called reporting
the licensee failed to renew their license which expired on 05/30/17.
Follow up investigation found the Licensee, POLLO FELIZ, failed to renew their license and admitted to
selling beer since expiration on 05/30/17.
Case closed, referred for administrative action.
Violations
12-47-301 - Valid Liquor Licenses
12-47-301 - Valid Local Liquor License Posted
12-47-301 - Valid Sales Tax License
12-47-406(1)(b)(II) - Delivery to a non licensed premises
12-47-701, Rags 47-700 & 47-426 - Books and Invoices Available
12-47-901(1)(g) - Sale without a license
12-47-901(5)(h) - Failure to Post Liquor Warning Sign
Reg. 47-310(D) - failed to provide information fully, truthfully and fairly
Reg. 47-700 - Inspection of licensed premises
Taxpayer Location Information
ANA M. LUCERO
D/B/A POLLO FELIZ
2523 8TH AVENUE
GREELEY, CO 80631
Case Number: 18-0006
Sales Tax License #:
Liquor Number:
Page 1 at 10
LIQUOR ENFORCEMENT DIVISION
ALCOHOL & TOBACCO ENFORCEMENT
Department of Revenue
High Country Beverage Corp
D/B/A High Country Beverage Corp
4200 RONALD REAGAN BLVD
JOHNSTOWN, CO 80534
Sales Tax License #:
Liquor Number:
Case Number 18-0006 Page 2 of 10
LIQUOR ENFORCEMENT DIVISION
ALCOHOL & TOBACCO ENFORCEMENT
Department of Revenue
Involved Persons
Violator: Ana M, Lucero
2523 8th Avenue
Greeley, CO 80631
Home Phone Number: N/A
Business Phone Number: N/A
Cell Phone Number:
Violator: Jennifer Maunsell
4200 RONALD REAGAN BLVD
Johnstown, CO 80534
Home Phone Number: N/A
Business Phone Number:
Cell Phone Number: N/A
Case Number: 18-0008 Page 3 of 10
LIQUOR ENFORCEMENT DIVISION
ALCOHOL & TOBACCO ENFORCEMENT
Department of Revenue
Other:
Investigator:
Chloe Rempel
Home Phone Number: N/A
Business Phone Number: (970) 400-4225
Cell Phone Number: N/A
Kelly Haralson
2320 Reservoir Rd., Ste. A
Greeley, CO 80634
(970) 356-3992
kelly.haralson@state.co.us
Investigator Narratives
Investigator: Kelly Haralson
Title: Follow Up Report
On 05/30/17 at approximately 1645 hours, The Division received a phone call from CHLOE
REMPEL, Weld County Deputy Clerk to the Board, for liquor licensing. She called to request
assistance for a business that failed to renew their liquor license and was possibly still selling
alcohol.
The business was identified as ANA M. LUCERO, d/b/a POLLO FELIZ, a 3,2% beer on premises
license #'111111111 at 2523 8th Avenue, Greeley, Weld County, Colorado 80631.
REMPEL said this was brought to her attention on 07/06/17 at 1558 hours when she received an
email from JENNIFER MAUNSELL, Administrative Assistant with HIGH COUNTRY BEVERAGE,
asking about the status of POLLO FELIZ' liquor license.
HIGH COUNTRY BEVERAGE CORP., holds a 3.2% beer wholesaler license #II at
4200 Ronald Reagan Boulevard, Johnston, Weld County, Colorado 80534.
REMPEL responded to MAUNSELL'S email stating POLLO FELIZ liquor license was not valid, had
Case Number: 18-0006 Page 4 of 10
LIQUOR ENFORCEMENT DIVISION
ALCOHOL & TOBACCO ENFORCEMENT
Department of Revenue
expired on 05/30/16, and the County was not in receipt of a renewal application for them.
POLLO FELIZ was initially issued their liquor license on 05/31/16, Their license expired on 05/30/17.
The state sent a renewal notification to the business; however they never submitted a renewal
application and fees to the local or state licensing authority.
On 07/06/17 at approximately 1700 hours, I responded to the business and conducted an inspection.
There were no customers inside the business. There was a male cook in the kitchen, later identified
as ANA LUCEERO'S husband, name unknown, a female standing at the register behind the counter,
later found to be the owner ANA LUCERO. There was also a young male inside the business,
possibly a child of the owner.
I contacted the female at the register and requested to speak with an owner or the manager. She
stated they were not there, I asked if she could contact them and let them know I was there. She
said she could not. I identified myself as an Investigator with the Liquor Enforcement Division and
was there to conduct an Inspection. I also displayed my identification hanging from a lanyard around
my neck,
I did not see the state or local liquor licenses posted, there was no liquor warning sign posted and
there was no business or sales tax licenses posted. I asked where the licenses were but the female
(LUCERO) said the owner must have taken them down.
I began conducting my inspection and asked the female for her name, She said her name was ANA.
I asked if she was the owner, and she said she was. I asked why she wasn't truthful with me when I
identified myself. She said she gets a lot of people that come in and try to sell her things. I asked
her again why she didn't identify herself after 1 told her who I was with and showed her my
identification. She shrugged her shoulders and said she didn't know why.
During the inspection I found an upright cooler behind the counter containing bottles and cans of
beer as well as non -alcohol beverages. There were several cases of beer in a store room just next to
the counter.
I asked to see their liquor purchase invoices. The male cook located two (2) invoices In a drawer in
the kitchen. LUCERO said her husband had just placed an order for more beer with their distributor,
HIGH COUNTRY BEVERAGE. Her husband did not speak to me, and only spoke to LUCERO in
Spanish.
The invoices were from HIGH COUNTRY BEVERAGE. One invoice, #W-2597913, delivery date
06/16/17, was delivered after the lqiuor Iciense expired on 05/30117.
The beer delivered and listed on the Invoice was:
4 Corona Extra 4/6 LNNR 3.2 for $27,55 each. Total $104.89
2 Modelo Esp 2/12 NR 3.2 for $27.65. Total $49.40
2 Dos XX Lager 2/12 LNNR 3.2 for $25.10. Total $47.20
1 Tecate 2/12 Can 3.2 for $23.35, Total $20,40
1 Coors Light 4/6 LNNR 3.2 for $22.85. Total $22.45
Case Number: 18-0006 Page 5 of 10
LIQUOR ENFORCEMENT DIVISION
ALCOHOL & TOBACCO ENFORCEMENT
Department of Revenue
Total Sales: $224.25
The Corona product and total sales lines were crossed out. The handwritten total was $139.45.
I asked LUCERO why this was crossed out since there were cases of Corona beer in the store room
and in the cooler. She said HIGH COUNTRY BEVERAGE distributor crossed that out at the time of
delivery and just swapped out the product because of freshness.
I asked LUCERO how she tracked her liquor sales. The cash register contained several buttons with
product names on them, but none of them were labeled for alcohol beverages. There was no register
tape in the register either.
LUCERO said she does not ring any sales up and only opens the drawer to put money in and out of
it. She said she writes everything up on a ticket and sells all beer for $3.50 each, She said she tracks
the beer sales by how many cases she sells. I asked to see her handwritten tickets, but she said
they were with the bookkeeper and were not available. She said she could provide those if
requested.
LUCERO was asked if she renewed her liquor license. She said she wasn't sure. I advised her there
was no renewal on file with the county or the state and told her she could not sell any more beer until
her license was renewed. I advised her of the criminal penalty for selling without a valid license. I
also informed her she could not order beer or accept deliveries without their license being renewed
either.
On 07/07/17, LUCERO called me to say she had been in contact with REMPEL at the county to
renew her license and would take care of it today.
On 07/07/17, I contacted REMPEL by phone. She confirmed LUCERO called her and said she
would be in to renew her license. At the time of my call at approximately 1200 hours, the renewal
had not been received.
REMPEL also Informed me HIGH COUNTRY BEVERAGE had sent other emails over the last few
months checking on the license status. REMPEL said she received an email from MAUNSELL on
06/19/17, asking about the license status. REMPEL told them she they did not have a valid license
and had not renewed.
On 07/07/17 at approximately 1245 hours, Investigator Supervisor ALDERDEN and I responded to
POLLO FELIZ. ALDERDEN went into the business and attempted to purchase a beer. He was told
they were not selling it right now.
On 07/13/17 at 1635 hours, I hand delivered a Document Demand to LUCERO to obtain all liquor
purchase invoices, retail liquor store purchase records, all sales transactions from the business and
any additional written instruments that show the sale of alcohol during the time period between
05/31/17 through 07/13/17. The Licensee was ordered to provide all records to the Greeley Liquor
Enforcement Office by close of business on 07/20/17.
CHLOE REMPEL with Weld County Commissioner's, Office advised me LUCERO submitted a
Case Number: 18-0006 Page 6 of 10
LIQUOR ENFORCEMENT DIVISION
ALCOHOL & TOBACCO ENFORCEMENT
Department of Revenue
license renewal application and fees to her office on 07/12/17.
On 07/18/17, I received a call from DAVID LEON, accountant for ANA LUCERO. LUCERO was also
present on the conference call. LEON stated he assists LUCERO with her bookkeeping and asked
what specifically she needed to provide pursuant to my records request. I explained I wanted records
pertaining to the purchase, delivery, receipt and sale of all alcohol beverages between 05/31/17 to
07/12117.
He and LUCERO also asked what the requirements are for record keeping. I referred them to the
statutes and rules pertaining to record keeping and also advised them they needed to retain their
alcohol purchase records and their alcohol sales records.
On 07/20/17 LUCERO called and advised she was dropping off the records I requested at my office.
On 07/21/17 I reviewed the records provided. LUCERO provided me with seven (7) distributor
invoices, six of which were prior to 05/31/17 when her liquor license expired, and one was from
HIGH COUNTRY BEVERAGE on 08/16117.
HIGH COUNTRY BEVERAGE delivered beer to POLLO FELIZ on 06/16/17 after their liquor license
expired on 05/30/17 and had not been renewed yet.
She also provided me with two handwritten sales tracking sheets which only list dollar amounts and
are titled May and June. There were no other details. The last items provided were small handwritten
sheets labeled "Guest Check" that were customer food orders. There was one guest check listing
beer products with numbers next to them. None of the guest checks had dates on them.
I called LUCERO to assist me in understanding what was provided. She said the guest check with
the beer list is her current inventory of beer on hand. I asked when these guest checks were created
because there were no dates on them. She said she did not know there were no dates on the guest
checks. She stated the guest checks she provided to me were from food orders from the week of
July 13 through July 20, 2017. She said the two pieces of paper titled May and June, was just how
she tracks her daily sales.
I advised LUCERO that I would copy some of the records and be returning them to her, She stated
she will be tracking all beer sales from this point forward. She also complained the sales rep from
HIGH COUNTRY BEVERAGE would not return her calls.
I advised her that once she submitted application to renew and paid the renewal fees, she could
continue to operate as though the renewal has been approved,
Case closed, referred for administrative action.
Case Number. I13-0008 Page 7 of 10
LIQUOR ENFORCEMENT DIVISION
ALCOHOL & TOBACCO ENFORCEMENT
Department of Revenue
Photos
Caption
Caption:
Case Number: 18-0008
Page 8 of 10
Caption:
Caption:
Case Number. 18-0006
Page 9 of 10
Caption:
LIQUOR ENFORCEMENT DIVISION
ALCOHOL & TOBACCO ENFORCEMENT
Department of Revenue
Investigator
Supervisor
Case Number: 18.0006 Page 10 of 10
High Carnitry Beverage
4204.' tgnelfl RgOnevd
IDTOi8444 •
www.hioti nhybevarags,t m
S{
Polio Felix
2523 8111 Ave
(riff, CO 00831
•
CONTACT: Ang i.eibero qe inngwe {970} 378-0158
DelNeryrnsn Sq aiuf4
pmited Name
•
r_s I'9: GOD Check
1.
_... ...
•�-. 'ti__. •111 1,Y .�
RCA
High Country Beverage
42ons(oweld Reagan Bind
n, CO 60534
19741622.8444
wwwr.highcountrytaaverege rom
Invoice
32O529
34063O
340938
Load Sheet
2451'4,
Polo Felix
2523 8th Ave
Gredley, CO 80831
CONTACT: Ana Lucero or enrique (970) 376-0158
TERMS: COD Chock
Vendor
1 MODEL0 ESP 2112 NR 3.2
4 DOS XX LAGER 21.12 LNNR'3,2
1 TECATE 2/12 CAN 3.2
600
ReCoNOd $y signaturo
P0 NufUer .
Route
gam #,1.07 Fn
Pi ICE
$27.65
$25.10
$23.35
Cdetomer
$0.00
Deliverymen
Carnik Oaf
$2.95
$1,50
$2.95
Salesman
ClvisUnes
$24.70
$23.60
$20.40
$24.70
$94.40
$20.40
Pnnted N®mr3 DeI f� Si9nalura
Total Sales $139.50
ROA Cheek N or
Page 1 or 1
LIQUOR ENFORCEMENT DIVISION, COLORADO DEPARTMENT OF REVENUE
STATE OF COLORADO
DEMAND FOR BUSINESS RECORDS
IN THE MATTER OF:
Ana M. Lucereo
d/b/a Polio Feliz
2523 814 Avenue
Greeley, Colorado 80631
LICENSE NO.
PURSUANT TO C.R.S. 12-47-701 AND REGULATION 47-700, 1 CCR 203-2, THE
COLORADO LIQUOR ENFORCEMENT DIVISION IS REQUIRING THE ABOVE NAMED
LICENSEE TO PROVIDE THE FOLLOWING DOCUMENTS:
1) General business records, including all cash register receipts, liquor purchase invoices, retail
liquor store purchase receipts, all electronic or handwritten sales orders for alcohol purchases,
and any other financial documents, or any other written instruments used for the operation of
the business during the period of May 31, 2017 through July .12 2017,
Do not submit any records or documents other than those specifically demanded above.
The above documents must be submitted no later than the close of business on July 20, 2017
to:
Colorado Department of Revenue
Liquor Enforcement Division
2320 Reservoir Road, Suite A
Greeley, Colorado 80634
Phone: 970-356-3992
FAILURE TO COMPLY WITH THIS DEMAND MAY RESULT IN ADMINISTRATIVE
ACTION TO SUSPEND OR REVOKE THE ABOVE LIQUOR LICENSE.
Criminal In
1
Request received by:'.4
Relationship to Licensee:g' \ i v ,_---
2
High Country Beverage
4200 Ronald Reagan Blvd
Johnstown, CO 80534
(970)622-8444
www.highcountrybeverage.com
Polio Feliz
2523 8th Ave
Greeley, CO 80631
CONTACT: Ana Lucero or enrique
TERMS: COD Check
Date
6/16/2017 W-2597913
Invoice
Load Sheet Vendor
233779
PRODUCT
3
320529 2 MODEL° ESP 2112 NR 3,2
340630 2 DOS XX LAGER 2/12 LNNR 3.2
340938 1 TECATE 2/12 CAN 3.2
110332 1 COORS LIGHT 4/6 LNNR 3.2
PO Number
Route
Route #107 Fri
Customer Deilveryman Salesman
3393 CameronG ChrietineS
PRICE DEP DISC NET, TOTAL
$27.85
$25.10
$23.35
$22.85
10.00 30,00
$2.95 $24,70 $49.40
$1,50 $23,60 $47.20
$2,95 $20.40 $20,40
$0.40 $22.45 $22,45
x
Received By Signature Printed Name
Total Sales
I3q,"s
Deliveryman Signature ROA
Check Number
Page 1 of 1
COLORADO
Department of Revenue
Enforcement Division — Liquor S Tobacco
2320 Reservoir Road, Suite A. Greeley, CO 80834
Phone 970-356.3992 I Fax. 970-378-8806
www colorada gov/enforcement/liquor
July 21, 2017
High Country Beverage Corporation
d/b/a High Country Beverage Corporation
4200 Ronald Reagan Boulevard
Johnston, Co 80534
This letter is in follow-up to an investigation I conducted regarding the delivery of
alcohol beverages to an unlicensed business, Polio Feliz in Greeley, Colorado, on June
16, 2017.
Polio Feliz 3.2% beer license, expired on May 30, 2017. They did not renew
their liquor license at that time. An employee of High Country Beverage, Jennifer
Maunsell, called the Weld County Commissioners Office to verify their license status on
June 19, 2017, three (3) days after the delivery had already occurred. Ms Maunsell was
informed their license status was expired at that time.
The delivery of alcohol beverages to a business that does not hold a valid (not expired)
liquor license is prohibited and is a violation of the Colorado Liquor Code as well as the
Colorado Code of Regulations.
This letter is intended to be a formal warning for the violation listed in an attempt to
bring you into compliance with the Colorado Liquor and Beer Codes.
Pursuant to Colorado Revised Statutes 12-47-406(l)(b)(II), Wholesalers are only
permitted:
(1)(B) To take orders for malt liquors at any place within the territory designated on the
license application and deliver malt liquors on orders previously taken to any place
within the designated geographical territory, (fate licensee has procured a wholesaler's
beer license and the place where orders are taken and delivered is a place regularly
licensed pursuant to the provisions of this article.
Any future violations of this nature may result in further action, which includes possible
criminal liability or the inability to obtain a liquor license.
Your cooperation in addressing these violations and your continued efforts to comply
with the Colorado Liquor and Beer Codes are greatly appreciated by our Division.
If you should have any questions, please feel free to contact any of the Liquor
Enforcement Investigators at 970-356-3992.
Respectfully,
Kelly Haralson, Criminal Investigator
Colorado Liquor/Tobacco Enforcement Division
2320 Reservoir Rd., Suite A, Greeley, CO 80634
Office: 970-356-3992 I Fax 970-378-8896
kelly,haralson arstate.co,us
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