DEPARTMENT OF EXCISE AND LICENSES

DENVER, COLORADO

ORDER ACCEPTING SETTLEMENT

IN THE MATTER OF A BUSINESS LICENSE(S) HELD BY BMJ&J LLC, DOING

BUSINESS AS BETA NIGHTCLUB, AT 1909 BLAKE STREET, DENVER, COLORADO

DANCE CABARET LICENSE # 2007-BFN-1030776

TAVERN LIQUOR LICENSE # 2007-BFN-1030776

The Director of the Denver Department of Excise and Licenses (the “Department”), after
reviewing the record and upon consideration, hereby accepts the Settlement Agreement between
the City Attorney and BMJ&J LLC, doing business as Beta Nightclub, (the “Respondent”) in its
entirety and orders that:

1. As provided in the Settlement Agreement, the Respondent acknowledges that there is

evidence that would provide a factual basis to prove it is more likely than not that the
Respondent violated the following sections of the following public health orders in
violation of D.R.M.C. 24-24(a) ~ Failure to Comply with a Violation Notice, Order, or
Rule and Regulation, which occurred on or about June 14, 2020 and June 21, 2020:
a. Sixth Amended Public Health Order 20-28 Safer at Home in the Vast Great
Outdoors (the “Sixth PHO”) issued by Governor Polis on June 5, 2020 by:
i. Allowing excess patrons in violation of II.C.1. and Appendix I.A.2. of
the Sixth PHO;
ii. Allowing dancing in violation of Appendix I.A.3 of the Sixth PHO;
iii. Not requiring patrons to socially distance in violation of I.A. and
Appendix I.A.1 and A.3 of the Sixth PHO; and
iv. Not requiring masks for employees in violation of Appendix I.A.d of
the Sixth PHO.
b. Seventh Amended Public Health Order 20-28 Safer at Home in the Vast Great
Outdoors (the “Seventh PHO”) issued by Governor Polis on June 19, 2020 by:
i. Allowing excess patrons in violation of I.H.4.b. and Appendix I.A.2. of
the Seventh PHO;
ii. Not requiring patrons to socially distance in violation of I.A. and
Appendix I.A.3. of the Seventh PHO;
iii. Allowing parties larger than 8 in violation of Appendix I.A.1 of the
Seventh PHO;
iv. Allowing patron dancing in violation of Appendix I.A.3.d. of the
Seventh PHO;
 v. Having a bar open to patrons in violation of Appendix I.A.3.b. of the
Seventh PHO;
vi. Not requiring face coverings for employees and attendees in violation
of I.H.4.f. and Appendix I.A.d. of the Seventh PHO; and
vii. Not managing the event to comply with capacity limits at all times in
violation of I.H.4.h. of the Seventh PHO.
c. Denver Department of Public Health and Environment Face Covering Order
(the “Face Covering Order”) issued May 14, 2020 by:
i. Not requiring face coverings for patrons and employees in violation of
Section 2.a. and 4.a. of the Face Covering Order; and
ii. Not taking reasonable measures, such as posting a sign, to remind their
customers and the public of the face covering requirement in violation
on 4.b. of the Face Covering Order.

2. The penalty to be imposed for the violations admitted in paragraph 1 shall be a fine
of $5,000.00 (five thousand dollars). Respondent shall pay the imposed fine in the
form of cash, certified check or cashier’s check made payable to the Denver Manager
of Finance, within 30 days of the mailing date of this Order.

3. In addition to the imposed sentence, TWENTY (20) days of closure shall be held in
abeyance for ONE (1) year from the date this Order is signed, pending completion of the
following conditions:
a. The Respondent shall not commit or permit any criminal violation of the Colorado
Revised Statutes or the Denver Revised Municipal Code, including violations of
Public Health Orders; or
b. The Respondent shall not violate any provision of this Settlement Agreement or
provision of the Order Accepting Settlement.

4. Should the Respondent violate the terms contained in this Order and/or the Settlement
Agreement, the TWENTY (20) days of closure shall be imposed, in addition to any penalty
for the new violation.

5. As provided in the Settlement Agreement, this settlement does not constitute an admission
of any criminal wrongdoing by the Respondents or its agents, nor does the Respondent
waive any right or privilege other than his right to hearing on the pending violations before
the Department.

6. Any issues relating to the underlying complaint or investigation that formed the basis for
the Consolidated Order to Show Cause issued to the Respondent on September 30, 2020
(and any defenses that Respondent may have to such complaint and Order to Show Cause)
shall not be at issue in a proceeding against Respondent for failing to comply with the terms
of this Order Accepting Settlement.
 ORDERED this _11th __ day of __March___________, 2021.

______/s/ Ashley Kilroy_________

Ashley Kilroy, Executive Director
Department Excise and Licenses

CERTIFICATE OF MAILING

The undersigned hereby states and certifies that one true copy of the foregoing ORDER
was sent via mail and email, on the __11th __ day of __March______________, 2021 to the
following:

BMJ&J LLC
Attn: Hussam Kayali, Registered Agent
1909 Blake St
Denver, CO 80202
info@betanightclub.com
valentesautollc@yahoo.com

Aaron Acker, Attorney for Respondent

aacker@springersteinberg.com

Katie Conner, City Attorney

Katie.conner@denvergov.org

Felicia Lewis-Dare, Denver Department of Health and Environment

Felicia.Lewis-Dare@denvergov.org

_____/s/ Buffy Palmer______

Department of Excise and Licenses
 CITY AND COUNTY OF DENVER
DEPARTMENT OF EXCISE AND LICENSES
201 W. COLFAX AVE DEPT #206
DENVER, COLORADO 80202
TELEPHONE: (720) 865-2740

INVOICE
PRESENT THIS DOCUMENT TO THE CASHIER

Business File No.: 2007-BFN-1030776 *2007-BFN-1030776*

Application Date: 12/14/2007

Record Type: Combined License OP: INVOICE DATE

3/11/2021
Applicant Name: BMJ&J LLC

Invoice #: 6237919
Site Address: 1909 BLAKE ST
DENVER, CO 80202

FEE ITEM FEE FUND/ORG REVENUE

Liquor Fine $5,000.00 01010-4001100 R354700

SUB TOTAL LICENSE FEES PAID $0.00

TOTAL LICENSE FEES DUE $5,000.00

BMJ&J LLC
1909 BLAKE ST
DENVER, CO 80202
DEPARTMENT OF EXCISE AND LICENSES
DENVER, COLORADO

SETTLEMENT AGREEMENT

IN THE MATTER OF A BUSINESS LICENSE(S) HELD BY BMJ&J LLC,

DOING BUSINESS AS BETA NIGHTCLUB, AT 1909 BLAKE STREET,
DENVER, COLORADO

DANCE CABARET LICENSE # 2007-BFN-1030776

TAVERN LIQUOR LICENSE # 2007-BFN-1030776

Respondent and the City Attorney have reached a stipulation for the purpose of settling
the matters described in the Complaint and Order to Show Cause issued by the Director
of the Department of Excise and Licenses (the “Director”) on September 30, 2020. The
City Attorney and BMJ&J LLC, doing business as Beta Nightclub, (the “Respondent”)
stipulate and agree as follows:

1. JURISDICTION. The Director as the Local Licensing Authority has jurisdiction

over the Respondent and the subject matter herein pursuant to the provisions of
the Denver Revised Municipal Code (the D.R.M.C.) section 32-22.

2. AGREEMENT. The City Attorney and the Respondent have come to a mutual
agreement and understanding to jointly propose to the Director a resolution of
allegations against the Respondent, in lieu of proceeding to hearing to determine
the merits of such allegations in the Order to Show Cause. The terms and
conditions of this Settlement are subject to the approval by the Director.

3. RESOLUTION. It’s alleged that Respondent committed violations of the

following Orders in violation of D.R.M.C. 24-24(a):
a. Sixth Amended Public Health Order 20-28 Safer at Home in the Vast,
Great Outdoors issued by Governor Polis on June 5, 2020 by:
i. Allowing excess patrons in violation of II.C.1. and Appendix
I.A.2. of the Order
ii. Allowing dancing in violation of Appendix I.A.3 of the Order
iii. Not requiring patrons to socially distance in violation of I.A. and
Appendix I.A.1 and A.3 of the Order
iv. Not requiring masks for employees in violation of Appendix
I.A.d.
b. Seventh Amended Public Health Order 20-28 Safer at Home in the
Vast, Great Outdoors issued by Governor Police on June 19, 2020 by:
i. Allowing excess patrons in violation of I.H.4.b. and Appendix
I.A.2. of the Order
 ii. Not requiring patrons to socially distance in violation of I.A. and
Appendix I.A.3. of the Order
iii. Allowing parties larger than 8 in violation of Appendix I.A.1 of
the Order
iv. Allowing patron dancing in violation of Appendix I.A.3.d. of
the Order
v. Having a bar open to patrons in violation of Appendix I.A.3.b.
of the Order
vi. Not requiring face coverings for employees and attendees in
violation of I.H.4.f. and Appendix I.A.d. of the Order
vii. Not managing the event to comply with capacity limits at all
times in violation of I.H.4.h. of the Order
c. Denver Department of Public Health and Environment Face Covering
Order issued May 14, 2020 by:
i. Not requiring face coverings for patrons and employees in
violation of Section 2.a. and 4.a. of the Order
ii. Not taking reasonable measures, such as posting a sign, to
remind their customers and the public of the face covering
requirement in violation on 4.b. of the Order

Although Respondent denies the allegations set forth in the Show Cause Notice,
Respondent acknowledges that that there is evidence that would provide a factual
basis to prove it is more likely than not that the violations occurred. To avoid the
necessity for further administrative proceedings relating to the above claims,
Respondent consents to this Department administering penalties set forth in
Section 4 and in accordance with the terms of this Settlement Agreement.

4. PENALTY. The Respondent agrees, in lieu of proceeding to hearing on the Show

Cause Notice and subsequent proceedings, to submit to the following:

a. FINE. The Respondent agrees to pay a fine of $5000.00 with either cash,
certified check, or cashier’s check payable to the Manager of Finance. The
Respondent shall pay the fine by the date provided in the Order Accepting
Settlement. The Respondent agrees to contact the Department prior to
making the payment in order for the Department to generate an invoice for
the fine amount.

b. SUSPENDED SENTENCE. In addition to the imposed penalty in

subsections 4 a. above, the Respondent agrees that a twenty (20) days of
closure shall be held in abeyance for a period of one (1) year, from the
date of approval of this Settlement by the Director ("Order Accepting
Settlement”), pending completion of the conditions below.

i. No Further Violations. During the period of suspension, the

Respondent shall not:

2
 1. Commit or permit any criminal violation of the Colorado
Revised Statutes or the Denver Revised Municipal Code,
including violations of Public Health Orders; or
2. Violate any provision of this Settlement Agreement or
provision of the Order Accepting Settlement.

ii. Imposition of Suspended Sentence. Should the Respondent violate

any term, condition, or provision of this Settlement, the full
suspended sentence shall be imposed against the Respondent as
provided in an Order of Non-Compliance or Order to Show Cause.

5. NO ADMISSION. The parties agree that this settle agreement does not constitute
an admission of any criminal wrongdoing by Respondent or his agents, nor does
Respondent waive any right or privilege other than his right to hearing on the
pending violations before the Department.

6. FUTURE ENFORCEMENT PROCEEDINGS. The Respondent understands

that the Complaint, Order to Show Cause, and Settlement Agreement may be
admissible as evidence at any future hearing (Order to Show Cause or Order of
Non-Compliance) before the Department and may be used in connection with any
future actions by the City regarding any future violations by the Respondent.

7. TRANSFER OF OWNERSHIP. The Respondent understands that in the event

the license is transferred to a new owner, the terms of this Settlement Agreement
will continue to apply to any transferee until the expiration of the suspended
sentence. The Respondent shall notify any potential purchaser of all liabilities
associated with this license and shall notify the transferee that the transferee may
be responsible for the violations outlined in the Complaint and Order to Show
Cause. The Respondent understands that any outstanding fine imposed must be
paid prior to transferring this license to a new owner.

8. ORDER ACCEPTING SETTLEMENT. The terms and conditions of this

Settlement are subject to the approval by the Director. The Respondent
understands that upon execution, an Order Accepting Settlement shall have the
same force and effect as a final agency action entered after a formal hearing.

9. ACKNOWLEDGEMENT. The Respondent agrees and acknowledges that the

Respondent entered into this Settlement Agreement knowingly and voluntarily.
The Respondent acknowledges that the terms of this Settlement Agreement were
mutually negotiated and agreed upon after the opportunity to consult with legal
counsel. Respondent affirms that they have read this Settlement Agreement and
fully understand its nature, meaning, and content. The Respondent agrees that
upon execution of this Settlement Agreement, no subsequent action or assertion
shall be maintained or pursued by Respondent asserting the invalidity in any
manner of this Settlement Agreement.

10. ORDER OF NON-COMPLIANCE. If the Director finds that the Respondent

has violated any term or condition of the Settlement Agreement during the term of

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