LA Minutes 05-25-2010TOWN OF AVON, COLORADO
MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING
HELD MAY 25, 2010
The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of Avon,
Colorado convened at 5:10 PM at the Avon Town Hail, One Lake Street, Avon, Colorado. A roll
call was taken and Board members of the Authority present were Ron Wolfe as Chairperson,
and Board members Dave Dantas, Rich Carroll, Kristi Ferraro, Amy Phillips, Buz Reynolds and
Brian Sipes.
SHOW CAUSE HEARINGS ON ESTABLISHMENT VIOLATIONS
a. Finnegan's Wake Irish Pub LLC d /b /a Finnegan's Wake Irish Pub (Eric Heil, Town
Attorney)
1. Colorado Liquor Enforcement Division Administrative Warning
Address: 82 E Beaver Creek Blvd. #1 B
Manager: Maggie Parker
Date Reported:
Eric Heil, Town Attorney, presented this matter to the Liquor Licensing Authority noting that a
stipulation was agreed upon with owner Maggie Parker, Finnegan's Wake. The agreement was
to modify the existing stipulation to extend the period of the stipulation for an additional six
months. He noted that the terms of the modification acknowledge the Notice of Liquor Law
Violation dated April 7, 2010, based upon the alleged removal of alcohol from the premises by a
patron on March 19, 2010; stipulates that the Town of Avon will not pursue sanctions or
penalties for the alleged violation, and extends the original 12 month period of probation to 18
months, expiring on September 24, 2010. If a violation occurs before September 25, 2010, then
the deferred 5 day suspension would be served and the Authority could conser additional
suspensions based on the new violation. Board member Ferraro moved to approve the
"Modification to Stipulated Findings of Fact, Conclusions and Sanctions Order", Board member
Phillips seconded the motion and it passed unanimously.
b. Saltwater Cowboy LLC d /b /a Saltwater Cowboy — Continued from May 11, 2010
(Seth Murphy, Richmond, Sprouse, & Murphy, LLC Attorneys at Law)
1. Avon Police Incident Report Case No. 2010 - 000192
Address: 48 E. Beaver Creek Blvd.
Manager: Stephen Bullock
Date Reported: March 21, 2010
2. Avon Police Incident Report Case No. 2010 - 000206
Address: 48 E. Beaver Creek Blvd.
Manager: Stephen Bullock
Date Reported: March 27, 2010
Seth Murphy, attorney representing the Avon Police Department, reviewed the two violations
that occurred at Saltwater Cowboy. He noted that a stipulation was agreed upon, which
dismissed the second violation which would have likely been more difficult to prove. He
reviewed the details of the stipulation noting that TIPs training would be required for all
employees; a 10 business day suspension would be imposed; the licensee could request that 5
days be paid with a fine in lieu of suspension, and 5 days would be held in abeyance for one
year from the date of the stipulation, which is May 25, 2011. The owner would need to inform
the town as to whether or not a request to pay a fine in lieu would be preferred. The stipulation
also outlined that the days would need to be consecutive. Stephen Bullock, licensee, noted that
all employees are now certified with TIPs training; that moving forward there would be a
bouncer located at the entrance /exit, and that security cameras have been installed. Terry
O'Connor, attorney representing Saltwater Cowboy, commented that this was the first violation
for the establishment and that otherwise the restaurant / bar has been incident free. Board
member Ferraro moved to approve the "Stipulated Findings of Fact, Conclusions and Sanctions
Order" for Saltwater Cowboy LLC d /b /a Saltwater Cowboy; Board member Phillips seconded the
motion and it passed unanimously.
c. Wal -Mart Stores, Inc d /b /a Wal -Mart Supercenter#1199
(Seth Murphy, Richmond, Sprouse, & Murphy, LLC Attorneys at Law)
1. Avon Police Incident Report Case No. 2010 - 000238
Address: 171 Yoder Avenue
Manager: Matthew Mower
Date Reported: April 9, 2010
Seth Murphy, attorney representing the Avon Police Department, reviewed the violation that
occurred with a compliance check at the Wal -Mart Supercenter Store; it was noted that the store
has had two other violations in 2004 & 2005. Wal -Mart agreed to a ten day suspension with a
request to pay a fine in lieu of the suspension per the Stipulation included in the Council packet.
Eric Heil, Town Attorney, spoke about the state statutes that regulated the pay in lieu
parameters. In noted that it would be important for the prosecuting attorney to have the ability
to negotiate this piece of the stipulation to determine what is best on a case by case basis.
Some discussion ensued on this topic with some board members preferring that the liquor
licensing authority choose the dates. In light of the fact that the Wal -Mart Store Manager was
not at the meeting, the authority decided to continue the matter; there were several questions to
be asked in light of the violation and the renewal of the liquor license. Board member Sipes
moved to continue the matter of the violation and "Stipulated Findings of Fact, Conclusions and
Sanctions Order' for the Wal -Mart Stores Inc. d /b /a Wal -Mart Supercenter#1199 until June 8,
2010. Board member Dantas seconded the motion and it passed with a four to one vote
(Carroll — nay). Both Mr. Murphy and staff noted the Mr. Mower had been invited to attend the
meeting.
PUBLIC HEARING ON SPECIAL EVENT PERMITS
a. Applicant Name: Team Evergreen Bicycle Club, Inc.
Event Name: 2010 Triple Bypass
Event Date: July 10, 2010; 11 AM until 9 PM
Event Manager: Jenny Anderson
Event Location: Harry A. Nottingham Park, Lower Field
Chairman Wolfe asked if the application was in order; Town Clerk Patty McKenny noted that all
materials were submitted. Jenny Anderson was present to comment on the event and thank the
town for its support over the years of the event. The public hearing was opened, no comments
were made, the hearing was closed. Board member Dantas moved to approve the Special
Events Permit for Team Evergreen Bicycle Club, Inc.; Board member Sipes seconded the
motion and it passed unanimously.
PUBLIC HEARING ON SPECIAL EVENT PERMITS - CONTINUED
b. Applicant Name: Eagle Valley Humane Society
Event Name: 2010 Salute to U.S.A.
Event Date: July 03, 2010; 4 PM until 11 PM
Event Manager: Char Quinn
Event Location: Harry A. Nottingham Park, Lower Field
Chairman Wolfe asked if the application materials were in order; Town Clerk Patty McKenny
noted that all materials were submitted. Char Quinn, event manager, reviewed the event.
Chairman Wolfe opened the public hearing, no comments were made, the hearing was closed.
Board member Phillips moved to approve the Special Events Permit for Eagle Valley Humane
Society; Board member Carroll seconded the motion and it passed unanimously.
ALB 10.05.25.doc
Page 2 of 3
RENEWAL OF LIQUOR LICENSES
a. Applicant: Wal -Mart Stores, Inc d /b /a Wal -Mart Supercenter#1199
Address: 171 Yoder Avenue
Manager: Matthew Mower
Type: 3.2% Beer License (Off Premises)
Board member Phillips moved to continue the renewal of the liquor license for the Wal -Mart
Stores, Inc d /b /a Wal -Mart Supercenter#1199 until the June 8, 2010 meeting; board member
Dantas seconded the motion and it passed with a four to one vote (Carroll — nay).
b. Applicant: Benchmark Liquors, Inc d /b /a Beaver Liquors
Address: 110 E. Beaver Creek Blvd.
Manager: David Courtney
Type: Retail Liquor Store
Chairman Wolfe asked if the application materials were in order; Town Clerk Patty McKenny
noted that all materials were submitted. It was reported that there have been no incidences with
this establishment. Board member Sipes moved to approve the Retail Liquor Store License for:
Benchmark Liquors, Inc d /b /a Beaver Liquors; Board member Phillips seconded the motion and
it passed unanimously.
CONSENT AGENDA
Board member Sipes moved to approve the minutes; Board member Ferraro seconded the
motion and it passed unanimously by those voting (Carroll abstained).
a. Minutes from May 11, 2010
Board member Ferraro moved to approve Resolution No 10 -05; Board member Phillips
seconded the motion and it passed unanimously.
b. Resolution No. 10 -05, Series of 2010, Resolution Village Warehouse Wines
There being no further business to come before the Board, the meeting adjourned at 5:40 PM.
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reynolds
Brian Sipes
Ron Wolfe
ALB 10.05.25.doc
Page 3 of 3