Durango Liquor & Wine, which acknowledges selling a beer to a “visibly intoxicated” patron and a licensing violation, is being sold to avoid a 20-day suspension of its liquor license scheduled to begin Jan. 1.
“The suspension is not going to happen,” current owner Pamela Leder said Monday, explaining that the new store will then be under new ownership.
Leder did not identify the new owners because she did not have permission to speak on their behalf.
She said she and her husband, Joseph Leder, wanted to focus on their other businesses, Animas Wine & Spirits and PJ’s Gourmet Market, 67 Trimble Crossing, units A and B.
Because Durango Liquor & Wine is under her name, she violated the terms of her liquor license by allowing Joseph Leder to benefit from the privileges of the store’s liquor license, according to the stipulated agreement with the state Law Enforcement Division.
Durango Liquor & Wine, 1145 South Camino del Rio, Suite 101, is also to be penalized for selling a Mickey’s beer to an intoxicated woman who was later arrested the same night in April for public drunkenness, Pamela Leder said.
Authorities then watched a store surveillance video and determined the woman was drunk at time of sale. The cashier was immediately terminated, Leder said.
Under the terms of the stipulation, the license is to be suspended for a total of 50 days but 30 days are to be held in abeyance for a year as long as there are no more violations. The agreement was reached in lieu of a formal show-cause hearing with the state Licensing Authority.
Pamela Leder also must transfer the retail liquor license to a third party who is “completely and wholly independent of Joseph Leder” and who also meets the approval of the state by May 1, 2013. Otherwise, the licensee will have to surrender the license.
In other enforcement action, the DoubleTree Hotel, 501 Camino del Rio, and the Himalayan Kitchen, 992 Main Ave., have both agreed to pay fines as sanctions for selling Bud Light to an 18-year-old agent who patronized both establishments Aug. 15.
The fine was calculated as 20 percent of its gross alcohol revenue over five business days in August, but the fine could not be less than $200 or more than $5,000.
The businesses have requested to pay the fines in lieu of the state actively suspending their liquor licenses for five business days with another 10 days of suspension to be held in abeyance for a year.
The DoubleTree paid $839. The Himalayan Kitchen paid $200.
The state agreed to the fines based on the businesses’ past records and because the state did not think the public’s morals would be harmed if they continued to serve alcohol.