LA Res. No. 2011-05 Making the determination that Westin Riverfront Resort & Spa has violated a law, rule or regulation with respect to the operation of its licensed premises; and ordering a warning, suspension or payment in lieu of suspensionPROCEEDINGS 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. 11-05
SERIES OF 2011
IN THE MATTER OF THE HOTEL AND RESTAURANT LIQUOR LICENSE
FOR 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 MAKING THE DETERMINATION 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; AND ORDERING A WARNING, SUSPENSIO OR PAYMENT
IN LIEU OF SUSPENSION PER THE STIPULATED FINDINGS OF FACT, CONCLUSIONS
AND SANCTIONS ORDER
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 there was a violation of C.R.S §12-47-901(5)(c), concerning the sale of
fermented malt beverage to a person under the age of 21 years and Avon Municipal Code
§9.12.070, sale of alcohol to minors.
WHEREAS, Licensee appeared by Bob Trotter, Manager, and admitted the violation;
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. The Liquor Licensing Authority finds and determines the following:
The Licensee, Westin Riverfront Resort & Spa, admits a violation of §12-47-901(5)(c), C.R.S.,
concerning the sale of fermented malt beverage to a person under the age of 21 and §9.12.070,
sale of alcohol to minors, Avon Municipal Code; and stipulates that the facts alleged in the Show
Cause Order did occur on August 26, 2011 as they pertain to the sale of alcohol to a minor.
The undersigned agree to the factual basis as outlined in the Stipulation:
Section 2. As the penalty for the violation, the Avon Local Liquor Licensing Authority
imposes a penalty permitted under Regulation 47-604 and described in "Exhibit A" in the form of
a Stipulated Findings of Fact, Conclusions and Sanctions Order" to the Licensee Westin
Riverfront Resort and Spa, details of the suspension are outlined in attached Exhibit A.
Section 3. This Resolution shall be effective immediately upon adoption.
RESOLUTION APPROVED AND ADOPTED THIS 22nd DAY OF NOVEMBER 2011.
TOWN
AL
By
ATTEST:
3
Patty cKe ny, Tow
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OF AVON LIQUOR LICENSING
ALB Res. No. 11-05 Westin Dispo
Page 2 of 2
TOWN OF AVON LIQUOR LICENSING AUTHORITY
STIPULATED FINDINGS OF FACT, CONCLUSIONS AND SANCTIONS ORDER
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
This matter comes before the Town of Avon Local Liquor Licensing Authority ("Liquor
Authority") upon the Authority's Notice of Hearing and Order to Show Cause, dated October 25,
2011, copies of which were mailed to the representative -of -record for Westin Riverfront Resort
& Spa ("Licensee") by certified mail, return receipt requested.
L INTRODUCTION
Section 12-47-601, C.R.S. and 1 C.C.R. 203-2, Regulation 47-600 empower the Liquor
Authority to conduct a hearing whenever a written complaint is made charging a licensee or its
agents, servants or employees, of a violation of any laws or rules or regulations adopted by the
State Licensing Authority. After investigation and public hearing, at which the licensee shall be
afforded an opportunity to be heard, if a finding is made that a violation has occurred, the Liquor
Authority is authorized to consider whether to suspend or revoke a Iiquor or beer license.
On October 25, 2011 the Liquor Authority set this matter for a preliminary hearing and a show
cause hearing to be held on November 22, 2011. At the preliminary hearing, the following
persons were present:
For the Town of Avon: Police Chief Robert Ticer.
For the Licensee: Bob Trotter
II. FINDINGS AND CONCLUSIONS
1. The Licensee operates that business generally known as Westin Riverfront Resort & Spa
within the Town of Avon, Colorado and sells alcoholic beverages at such business pursuant to
Town of Avon and State of Colorado liquor licenses.
2. Factual basis: The Licensee admits a violation of C.R.S. §12-47-901(5)(c), concerning
the sale of fermented malt beverage to a person under the age of 21 years and Avon Municipal
Avondale Stipulation, Conclusions and Order for Sanctions
December 5, 2011
Page 1 of 2
Code §9.12.070, sale of alcohol to minors, and stipulates that the underlying facts as alleged in
the Notice of Hearing and Order to Show Cause occurred as it pertains to the sale of alcohol to a
minor on August 26, 2011. The undersigned agree to the following factual basis for the
Stipulation:
3. On August 26, 2011 at approximately 8:00 PM during a "compliance check" a minor
acting as a confidential informant was served a can of beer at the bar in the outdoor tent area at
the Avondale restaurant located inside the Westin Resort & Spa. The minor purchased the beer
from a bartender, later identified as Dustin Salas, who was issued a summons for selling alcohol
to a minor.
4. Pursuant to C.RS. §12-47-901(5)(c), it is illegal to sell fermented malt beverages to a
person under the age of 21 years.
5. Pursuant to Avon Municipal Code §9.12.070 it is unlawful to sell fermented malt
beverages to any person under the age of 21.
6. In mitigation, this is the first violation of the Licensee.
III. ORDER FOR SANCTIONS
Relying upon the stipulations as set forth above, the Liquor Authority orders as follows:
1. A warning is hereby issued to the Licensee.
Approved by Town Attorney in accordance with authority set forth in Avon Municipal
Code 7'--
.0 60
By:Date: l l� sa24
Eric J. Hefiawii7Attorney
APPROVED BY AVON LIQUOR AUTHORITY on November 22, 2011.
B ATTEST: 19- Jul
Arx
y P illips, Catherine Mythen, S c tary
ctin iquor Authority Chair
THE LICENSEE HEREBY AGREES TO THE STIPULATED FINDINGS OF FACT,
CONCLUSIONS AND ORDER FOR SANCTIONS SET FORTH HEREIN:
By: Date: z all
Obert Trotter,
Authorized Representative for Licensee
Avondale Stipulation, Conchmions and Order for Sanctions
December 5, 2011
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