HomeMy WebLinkAbout20170774.tiffBEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE
STATE OF COLORADO
STIPULATION, AGREEMENT, AND ORDER
SA 16-63
IN THE MATTER OF:
CARPCO, L.L.C. & 7 -ELEVEN, INC.
D/B/A 7 -ELEVEN STORE 39510A
3914 HIGHWAY 119
LONGMONT, COLORADO 80504
3.2% Beer Off Premises License No. 46-00326
The State of Colorado, Liquor Enforcement Division ("Division") and Carpco, L.L.C. & 7 -
Eleven, Inc., d/b/a 7 - Eleven Store 39510A, 3914 Highway 119, Longmont, Colorado 80504
("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, Section 12-47-901(1)(a.5)(I),
C.R.S.
IT IS ALLEGED THAT:
A. On December 7, 2015, the Licensee, by and through its employee/agent Hope Soto,
permitted the selling, serving, giving, or procuring of an alcohol beverage (Coors
Light brand fermented malt beverage) to 15WM20535, a twenty -year -old Liquor
Enforcement Division underage purchaser.
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.
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Stipulation, Agreement, and Order
7 - Eleven Store 39510A
Greeley Office
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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 ten (10) day suspension of Licensee's 3.2% beer off premises license to take
place as follows:
i. License to be actively suspended for five (5) days from 12:01 a.m. on
April 12, 2017 until 11:59 p.m. on April 16, 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.
iii. Five (5) 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,
Section 12-47-901(1)(a.5)(1), C.R.S., during this period.
6. The Licensee has filed a written petition to the Division in accordance with 12-47-601(3),
C.R.S. requesting that the Licensee be allowed to pay a fine in lieu of active suspension.
The Division finds that the petition supports the following:
A. That the public welfare and morals would not be impaired by permitting the
Licensee to operate during the period set for suspension and that the payment of
the fine will achieve the desired disciplinary purposes; and
B. That the books and records of the Licensee are kept in such a manner that loss of
sales of alcohol beverages which the Licensee would have suffered had the
suspension gone into effect can be determined with reasonable accuracy.
7. The parties agree that the fine shall be the equivalent of twenty percent (20%) of the
Licensee's estimated gross revenues from the sales of alcohol beverages during a period
of five (5) days, except that the fine shall not be less than two hundred dollars ($200.00)
nor more than five thousand dollars ($5,000.00). The parties agree that the average days'
sales for the month of December 2016 shall be the appropriate measure of said estimated
gross revenues. Based upon these records, the amount of the fine has been determined to
be $200.00.
A. Payment of the fine pursuant to the provisions of this agreement shall be in the
form of a certified check or a cashier's check made payable to the Colorado
Stipulation, Agreement, and Order
7 - Eleven Store 39510A
Greeley Office
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Department of Revenue. Said fine shall be paid to the Department of Revenue on
or before March 29, 2017.
B. Upon the timely payment of the fine agreed upon in this paragraph, Licensee's
five (5) day suspension as set forth in paragraph 5 of this stipulation and
agreement shall be deemed automatically permanently stayed.
C. If the Licensee fails to make payment in a timely manner as detailed in this
paragraph, the full five (5) day suspension shall be served as detailed in paragraph
5.
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
action 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 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,
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.
Stipulation, Agreement, and Order
7 - Eleven Store 39510A
Greeley Office
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1 I . 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.
12. 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 after issuance of an Order to Show
Cause.
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
7 - Eleven Store 39510A
Greeley Office
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77,4/7,4) /447
Patrick Maroney
Division Director
Liquor Enforcement Division
Date
Frank Stofflet
Carpco, LLC & 7 - Eleven, Inc.
3/7 ,74,/ 7
Date
1 �7
APPROVED and ORDERED this ! / day of AWL, 2017.
Barbara J. Brohl
Executive Director
Department of Revenue
State Licensing Authority
Telecopy or electronic versions of this stipulation which contain telecopy facsimiles of signatures shall be
deemed duplicate executed originals of this stipulation. This stipulation may be executed in counterparts
and delivered by facsimile, U.S. Mail (or private carrier), or .pdf transmission.
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