Accept the proposed stipulation and written warning with Thai Hut.

On July 14, 2022, the Alamosa Police Department, in cooperation with the Colorado Department of Revenue, Liquor Enforcement Division, conducted compliance checks in the City of Alamosa. Thai Hut, 716 Main Street, was the only establishment to fail the compliance check. The details of the Thai Hut compliance check are set forth in the attached Incident Report. The owner, Sirorat Vienmanapun, was being assisted by her brother, Surachai Wienmanpun, visiting from Canada. Due to Covid and difficulty of employees, she is the only employee currently.  Mr. Wienmanpun served the underage undercover operative.

This is the first violation of this liquor license. Penalties for liquor violations are addressed in Section 10-32 of the Code of Ordinances of the City of Alamosa. The penalty range for a first violation is a written warning up to a 15 day suspension. An offer of stipulation dispenses with the need to conduct a hearing, and is intended to be a lesser penalty than the local licensing authority would reasonably be expected to impose after a hearing.

The Ordinance sets forth mitigating and aggravating factors that the authority is required to consider. The prosecutor has considered the aggravating and mitigating circumstances set forth in the ordinance. The prosecutor has also considered the aggravating and mitigating circumstances set forth in Regulation 47-603(G) of the Colorado liquor code (attached), and determined that all but two of the 12 mitigating factors as set forth therein are present (the missing ones being participating in a training program and having a substantial history of compliance - the license is only a year old), and only one of the aggravating factors is present (that being, conversely, no participation in a training program). Ms. Vienmanapun indicates that there has been no participation in any training programs because she is the only employee. When she has had other employees, they have not lasted more than a few weeks, so training has not been practicable. This is a difficult time in the restaurant industry for keeping employees.

Mr. Wienmanpun was cited into municipal court for violation of Section 11-51 of the Alamosa Code of Ordinances, sale of alcohol to a minor. He did not contest the citation, and the $500 fine has been paid.

The prosecutor believes the stipulation presented represents a fair sanction for serving alcohol to a minor during the compliance check, especially in light of the large number of mitigating circumstances, and the justification for the only aggravating circumstance.