HomeMy WebLinkAbout20173690BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION, AGREEMENT, AND ORDER
SA 17-GR-319
IN THE MATTER OF:
FIERA ENTERTAINMENT, LLC
D/B/A EL CAPORAL
10763 TURNER BOULEVARD, UNIT 1
LONGMONT, COLORADO 80504
TAVERN LICENSE NO. 47-05685
The State of Colorado, Liquor Enforcement Division ("Division") and Fiera Entertainment LLC,
d/b/a El Caporal, 10763 Turner Boulevard, Unit 1, Longmont, Colorado 80504, ("Licensee")
hereby stipulate and agree as follows:
I. The State Licensing Authority has jurisdiction over Licensee, pursuant to sections 12-47-
101 through 12-47-1002, C.R.S. ("Liquor Code"); and/or the Colorado Beer Code,
sections 12-46-101 through 12-46-109, C.R.S. ("Beer Code"); and/or their promulgated
rules, Regulations 47-002 through 47-1020, 1 C.C.R. 203-2 ("Liquor Rules"); and
sections 24-4-101 through 24-4-108, C.R.S. ("State Administrative Procedure Act").
2. Licensee is licensed by the State Licensing Authority to operate Tavern License No. 47-
05685 at 10763 Turner Boulevard, Unit 1, Longmont, Colorado 80504 ("Licensed
Premises").
3. Licensee has been the subject of an investigation conducted by the Division. The State
Licensing Authority ordered and approved an Order of Summary Suspension, Order to
Show Cause, Notice of Hearing and Notice of Duty to Answer on September 8, 2017,
incorporated herein by reference as Exhibit 1.
A. The Division alleges the facts stated at paragraphs 1-30 under Exhibit 1's Order to
Show Cause, Notice of Hearing, and Notice of Duty to Answer.
4. 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").
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Stipulation, Agreement, and Order
El Caporal
Greeley Office
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5. The Division and Licensee, through their respective counsels, 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 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.
6. Licensee admits to the violations alleged in paragraphs 33-44 of Exhibit 1.
7. Licensee agrees, in lieu of proceeding to a hearing, to submit to the following sanctions:
A. A ninety (90) day suspension of Tavern License No. 47-05685 to take place as
follows:
i. License to be actively suspended for 90 days from 12:01 a.m. on
September 11, 2017 until 11:59 p.m. on December 10, 2017.
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.
B. Transfer of Tavern License No. 47-05685 — Should the holder of Tavern
License No. 47-05685 submit a transfer of ownership application pursuant to
section 12-47-303, C.R.S. the following conditions apply:
i. The 90 day active suspension described subparagraph (7)(A)(i) shall apply
to any and all successor entities holding Tavern License No. 47-05685;
ii. Tavern License No. 47-05685 shall remain closed during the entirety of
the 90 day period of suspension. However, if the 90 day suspension
period concludes prior to approval of a Transfer of Ownership application
by the relevant licensing authority, Tavern License No. 47-05685 shall not
re -open until the Transfer of Ownership application is fully approved by
the relevant licensing authority;
iii. Should the relevant licensing authority approve a Transfer of Ownership
application, after conducting a thorough and complete background
investigation, the holder of Tavern License No. 47-05685, shall maintain
status as a responsible vendor and provide proof of certification to the
Liquor Enforcement Division, within 30 days of obtaining ownership of
the license;
Stipulation, Agreement, and Order
El Caporal
Greeley Office
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a. Proof of certification can be filed with the Liquor Enforcement
Division at dor_led,(dstate.co.us or Liquor Enforcement Division,
P.O. Box 173350, Denver, Colorado 80217-3350.
iv. Nothing in this Order displaces the Division's obligation to conduct a
thorough and complete background investigation into the entities and/or
individuals identified in a Transfer of Ownership application; and nothing
in this Order constitutes a pre -approval of a Transfer Ownership
application for Tavern License No. 47-05685; and
v. After a complete a thorough background investigation, should a Transfer
of Ownership application result in a Notice of Denial by the relevant
licensing authority, such Notice of Denial shall result in a voluntary
surrender of Tavern License No. 47-05685.
8. 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
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.
9. 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.
10. 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,
Stipulation, Agreement, and Order
El Caporal
Greeley Office
Page 4
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.
11. 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.
I2. 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
F. The right to appeal this Order.
13. 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.
14. This Order shall be 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 be
withdrawn, and the matter scheduled for a hearing.
15. 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.
Stipulation, Agreement, and Order
Cl Caporal
Greeley Office
Page 5
Patrick Maroncy
Director
Liquor Enforcement Division
Date
to form:
,risty
Assistant Attoi ney General
Colorado Department of Law
Counsel of Record rr the Division
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APPROVED and ORDERED this
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Flora 1 ntertainment LLC
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Date
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Robert A. Dill
Dill Dill Ca -r Stonhraker & Hutchi;t c, P C
455 Sherman Street, Ste. 300
Denver, CO 80203
Counsel for Respondent
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Michael S.btarrr'lan
Executive Director
Department of Revenue
State Licensing Authority
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Telecopv or electronic versions of this stipulation which contain telecopy facsimiles of signatures steall bc
deemed duplicate executed originals of the stipulation. This stipulation may be executed in cnt/nten;oam
and delivered by facsimile, US, Mail (or private carrier), or . pdf iransnrtssion
Stipulation, Agreement, and Order
El Caporal
Greeley Office
Page 6
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing STIPULATION,
EEMENT, AND ORDER was placed in the United States Mail on
, 2017, addressed as follows:
Fiera Entertainment LLC
d/b/a El Caporal
10763 Turner Blvd, Unit 1
Longmont, CO 80504
Department of Revenue
Hearings Division
1881 Pierce Street
Lakewood, CO 80214
dor regulatoryhcarings a statc.co.us
Elvira Reyes Mercado
Respondent's Registered Owner
1472 Easton Street
Lakewood, CO 80214
Robert A. Dill
Dill Dill Carr Stonbraker & Hutchings, P.C.
455 Sherman Street, Ste. 300
Denver, CO 80203
bobdill@dillanddill.com
Sandra Lowman
Liquor Enforcement Division
1881 Pierce Street, Suite 108
Lakewood, CO 80214
Sandra.Lowman@state.co.us
Cristy DiMaria
Assistant Attorney General
Colorado Department of Law
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 8th Floor
Denver, CO 80203
Cristy.DiMaria@coag_gov
By:
istine Lovato
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