LA Res. No. 2011-01 Finding probable cause to believe that Finnegan's Wake Irish Pub has violated a law, rule or regulation with respect to the operation of its licensed premisesPROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO
ACTING AS THE LOCAL LICENSING AUTHORITY
COUNTY OF EAGLE AND STATE OF COLORADO
RESOLUTION NO. 11-01
SERIES OF 2011
IN THE MATTER OF THE HOTEL AND RESTAURANT LIQUOR LICENSE
FINNEGAN'S WAKE IRISH PUB LLC DIBIA FINNEGAN'S WAKE IRISH PUB FOR THE LICENSED PREMISES
LOCATED AT 82 E. BEAVER CREEK BLVD., AVON, COLORADO
A Resolution Finding Probable Cause To Believe That Finnegan's Wake Irish Pub LLC
d/b/a Finnegan's Wake Irish Pub Hut Has Violated A Law, Rule Or Regulation With
Respect To The Operation Of Its Licensed Premises; Setting A Hearing With Respect
Thereto; And Directing The Issuance And Service Of A Notice Of Hearing And Order To
Show Cause As To Why The Hotel and Restaurant Liquor License Of Such Licensee
Should Not Be Suspended Or Revoked
WHEREAS, the Town Council of the Town of Avon, acting as the local licensing
authority ("Liquor Licensing Authority"), has received a complaint from the Avon Police
Department alleging that on March 17, 2011 Finnegan's Wake Irish Pub LLC d/b/a Finnegan's
Wake Irish Pub ("Licensee") violated the following laws:
✓ Avon Municipal Code 9.12.040, sale to an intoxicated person
✓ CRS 12-47-901(1)(a) ......to sell, serve, give away, dispose of, exchange, or deliver or
permit the sale, serving, giving, or procuring of any alcohol beverage to a visibly
intoxicated person
✓ Avon Municipal Code 9.12.070, sale of alcohol to minors
✓ CRS 12-47-901(5)(c), sale of fermented malt beverage to a person under the age of 21
years
WHEREAS, the Liquor Licensing Authority, acting pursuant to §12-47-601, C.R.S., and
Regulation 47-600(A) of the Liquor Regulations, has determined by investigation or otherwise
that there is probable cause to believe that the Licensee has violated such laws, rules or
regulations as alleged in the complaint as set forth above.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO, ACTING AS THE LOCAL LIQUOR LICENSING AUTHORITY, AS
FOLLOWS:
Section 1. A hearing shall be held before the Town of Avon Town Council, acting as the
local licensing authority, on June 14, 2011 commencing at 5 PM or as soon thereafter as the
matter may be heard, to consider the complaint against the Licensee as described above. Such
hearing shall be held in the Town Council Chambers of the Avon Town Hall, One Lake Street,
Avon, Colorado. At such hearing the Licensee shall appear and show cause, if any it may have,
why its Hotel and Restaurant Liquor License for the licensed premises described as 82 E.
Beaver Creek Blvd., Avon, Colorado should not be suspended or revoked by the Liquor
Licensing Authority for one or more violations of the laws, rules or regulations which govern the
operation of the licensed premises, all as more described in the complaint set forth above.
Section 2. The Town Clerk shall issue and cause to be served upon the Licensee a
Notice of Hearing and Order to Show Cause as required by Regulation 47-600(B) of the Liquor
Regulations. A certified copy of this Resolution shall also be served upon the Licensee along
with Notice of Hearing and Order to Show Cause.
Section 3. The hearing set by this Resolution shall be conducted in accordance with the
provisions of §12-47-601, C.R.S., Regulation 47-600(B) of the Liquor Regulations and other
applicable law.
Section 4. This Resolution shall become effective upon its adoption.
RESOLUTION APPROVED AND ADOPTED THIS 10TH DAY OF MAY 2011.
ATTEST:
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APPROVED IN FORM
Town rney
TOWN OF AVON LIQUOR LICENSING
AUTHORITY
By
Rich Carroll, Ch irman
ALB Res. No. 11-01 Finnegans Violation
Page 2 of 2
PROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO,
ACTING AS THE LOCAL LICENSING AUTHORITY,
COUNTY OF EAGLE AND STATE OF COLORADO
IN THE MATTER OF THE HOTEL AND RESTAURANT )
LIQUOR LICENSE OF FINNEGAN'S WAKE IRISH PUB ) NOTICE OF HEARING; AND
LLC D/B/A FINNEGAN'S WAKE IRISH PUB FOR THE ) ORDER TO SHOW CAUSE
LICENSED PREMISES LOCATED AT 82 E. BEAVER )
CREEK BLVD., AVON, COLORADO )
TO: FINNEGAN'S WAKE IRISH PUB LLC D/B/A FINNEGAN'S WAKE IRISH PUB
LOCAL ADDRESS: 82 E. BEAVER CREEK BLVD, AVON, CO 81620
MAILING ADDRESS: PO Box 996, VAIL, CO 81658-0996
WHEREAS, on May 10, 2011, the Town of Avon Liquor Licensing Authority determined
that there is probable cause to believe that the Licensee named above has violated the
following laws:
✓ Avon Municipal Code 9.12.040, sale to an intoxicated person
✓ CRS 12-47-901(1)(a) ......to sell, serve, give away, dispose of, exchange, or deliver or
permit the sale, serving, giving, or procuring of any alcohol beverage to a visibly
intoxicated person
✓ Avon Municipal Code 9.12.070, sale of alcohol to minors
✓ CRS 12-47-901(5)(c), sale of fermented malt beverage to a person under the age of 21
years
NOW, THEREFORE, You, Finnegan's Wake Irish Pub LLC d/b/a Finnegan's Wake Irish
Pub, the Licensee, are hereby ordered to appear before the Town of Avon Liquor Licensing
Authority on June 14, 2011 at 5 PM, at the Avon Town Hall, One Lake Street, Avon, Colorado
81620, to show cause, if any you have, why your Retail Liquor License for the above described
licensed premises should not be suspended or revoked for having violated CRS 12-47-901(h)(1)
more specifically alleged below. Your failure to appear may result in the suspension or
revocation of your liquor license without further notice.
YOU ARE FURTHER NOTIFIED that the purpose of the show cause hearing is to
determine whether you have violated the rules, regulations and laws which govern your
operation of the Licensed Premises, as follows:
It is alleged by the Notice of Liquor Violation from the Colorado Liquor Enforcement Division that
on March 17, 2011, the Licensee or Licensee's employees or agents permitted activity to occur
on or about the Licensed Premises in violation of
✓ Avon Municipal Code 9.12.040, sale to an intoxicated person
✓ CRS 12-47-901(1)(a) ......to sell, serve, give away, dispose of, exchange, or deliver or
permit the sale, serving, giving, or procuring of any alcohol beverage to a visibly
intoxicated person
✓ Avon Municipal Code 9.12.070, sale of alcohol to minors
✓ CRS 12-47-901(5)(c), sale of fermented malt beverage to a person under the age of 21
years
The hearing in this matter shall be conducted pursuant to Section 12-47-601, C.R.S.,
and Regulation 47-600 promulgated by the Colorado Department of Revenue, Liquor
Enforcement Division. You may be represented by an attorney if you so desire.
A copy of the Resolution of the Liquor Licensing Authority finding probable cause to
believe that you have committed a violation of the above described regulation of the Colorado
Department of Revenue, Liquor Enforcement Division, is served with this Order.
GIVEN BY ORDER OF THE TOWN OF AVON LIQUOR LICENSING AUTHORITY.
Dated: 5I P /I I
TOWN OF AVON LIQUOR LICENSING
AUIIORITY
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