LA Minutes 03/24/2009TOWN OF AVON, COLORADO
MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING
HELD MARCH 24, 2009
The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of Avon,
Colorado convened at 5:20 PM at the Avon Town Hall, 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 Rich Carroll, Dave Dantas, Kristi Ferraro, Amy Phillips, Buz Reynolds, and
Brian Sipes.
PERMIT APPLICATION & REPORT OF CHANGES: MANAGER'S REGISTRATION
a. Applicant: Masato's Inc. d/b/a Masato's
Address: 240 Chapel Place, #BC
Type of License: Hotel and Restaurant Liquor License
Chairman Wolfe noted that the application was in order. Board member Ferraro asked how this
would impact the closing of Masatos' restaurant. It was noted that because his closing date fell
after the expiration of the liquor license, Mr. Masato wanted to renew the license. With no
further questions, Board Member Sipes moved to approve the renewal of the Hotel and
Restaurant Liquor License for Masato's Inc. d/b/a Masatos. Board Member Ferraro seconded
the motion and it passed unanimously.
SHOW CAUSE HEARING ON VIOLATION AT FINNEGAN'S WAKE IRISH PUB
Avon Police Incident Report Case No. 2009-000063 (Greg Daly, Lieutenant)
Establishment Name: Finnegan's Wake Irish Pub
Address: 82 E. Beaver Creek Blvd.
Manager: Margaret (Maggie) Parker
Town Attorney Erich Heil asked that the Liquor Authority consider a "Stipulated Findings of Fact,
Conclusions and Sanctions Order" as follow up to a violation which occurred at Finnegan's
Wake Irish Pub on January 18, 2009. Per Resolution No. 09-03, the Liquor Board found
Probable Cause To Believe That Finnegan's Wake Irish Pub LLC d/b/a Finnegan's Wake Irish
Pub Hut Had Violated A Law, Rule Or Regulation With Respect To The Operation Of Its
Licensed Premises per C.R.S. 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. It was noted that Elizabeth Pierce -Durance served as Legal
Counsel for the Avon Police Department and Mr. Kurt Schultz, served as Legal Counsel for
Finnegan's Wake Irish Pub. Both parties had reviewed and already agreed to the stipulation
and conditions outlined. (It is noted that the Mr. Schultz participated in the hearing by telephone
conference at 5:25 pm)
Ms. Pierce -Durance reviewed the stipulation in detail and highlighted some of the following
conditions:
• The license shall be suspended for a period of 10 business days.
• Five days of the 10 day suspension shall be held in abeyance for a period of one year
from the date of approval of the Stipulation, pending no further violations.
• The additional five days of the ten day suspension shall be satisfied by the Licensee
paying a monetary fine in lieu of suspension, details of the arrangement were included in
the stipulation. The fine was set at 20% of licensee's estimated gross revenue during a
period of 5 days. The authority agreed that a fine of $1500 was fair and reasonable.
• Ninety (90) days after approval of the stipulation the establishment must provide proof of
all employees completing an alcohol awareness class. Mr. Schultz mentioned that all
employees had been TIPS trained; Maggie Parker Manager presented a copy of the
certifications for the record.
• The suspension dates were agreed to as being June 20th through June 24tH
• It was noted that if the establishment was in violation during one year, the suspension
would be required for the other five days.
• The Licensee is required to post signage during the dates set forth and should indicate
the suspension and the penalty being served.
Chairman Wolfe asked for a motion to approve the Stipulation as submitted to the Liquor
Authority. Board member Sipes moved to approve the "Stipulated Findings of Fact,
Conclusions and Sanctions Order". Board member Philips seconded the motion and it passed
unanimously.
CONSENT AGENDA
A motion was passed and seconded to approve the consent agenda.
a. Minutes from March 10, 2009
There being no further business to come before the Board, the meeting adjourned at 5:55 PM.
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reynolds
Brian Sipes
Ron Wolfe
ALB 09.03.24
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