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LA Res. No. 2011-02 Finding probable cause to believe that Westin Riverfront Resort & Spa 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. 11-02 SERIES OF 2011 IN THE MATTER OF THE HOTEL AND RESTAURANT LIQUOR LICENSE EAST WEST RESORTS LLC & RIVERFRONT VILLAGE RESTAURANT, LLC D/B/A WESTIN RIVERFRONT RESORT & SPA FOR THE LICENSED PREMISES LOCATED AT 126 RIVERFRONT LANE., AVON, COLORADO A Resolution Finding Probable Cause To Believe That East West Resorts LLC & Riverfront Village Restaurant, LLC d/b/a Westin Riverfront Resort & Spa 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 August 26, 2011 Westin Riverfront Resort & Spa ("Licensee") violated the following laws: ✓ 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 November 22, 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 126 Riverfront Lane., 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 APPA AND ADOPTED THIS 25TH DAY OF OCTOBER 2011. �N OF o :SE -A �LORAQ� Pa M enny T wn CI rk APPROVEDIN M01-9 9 TOWN OF AVON LIQUOR LICENSING AUTHORITY By.c�L C� Rich Carroll, Chairman ALB Res. No. 11-02 Westin Violation.doc 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 EAST WEST RESORTS, LLC & RIVERFRONT VILLAGE RESTAURANT, LLC D/B/A WESTIN RIVERFRONT RESORT & SPA FOR THE LICENSED PREMISES LOCATED AT 126 RIVERFRONT LANE., AVON, COLORADO NOTICE OF HEARING; AND ORDER TO SHOW CAUSE TO: EAST WEST RESORTS LLC & RIVERFRONT VILLAGE RESTAURANT LLC D/B A WESTIN RIVERFRONT RESORT & SPA LOCAL ADDRESS: 126 RIVERFRONT LANE, AVON, CO 81620 MAILING ADDRESS: PO BOX 9690, AVON, CO 81620 WHEREAS, on August 26, 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 9.12.070, 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, East West Resorts, LLC & Riverfront Village Restaurant, LLC d/b/a Westin Riverfront Resort & Spa, the Licensee, are hereby ordered to appear before the Town of Avon Liquor Licensing Authority on November 22, 2011 at 5 PM, at the Avon Town Hall, One Lake Street, Avon, Colorado 81620, to show cause, if any you have, why your Hotel and Restaurant 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 Avon Police Department that on August 26, 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 9.12.070, 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: TOWN OF AVON LIQUOR LICENSING