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LA Res. No. 2009-03 Finding probable cause to believe that Finnegan's Wake Irish Pub LLC 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. 09-03 SERIES OF 2009 IN THE MATTER OF THE HOTEL AND RESTAURANT LIQUOR LICENSE FINNEGAN'S WAKE IRISH PUB LLC D/B/A 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 January 18, 2009, at about 9:31 P.M., Finnegan's Wake Irish Pub LLC d/b/a Finnegan's Wake Irish Pub ("Licensee") violated Avon Municipal Code 9.12.040, sale to an intoxicated person and 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; 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 March 10, 2009 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 FEBRUARY 2009. "'N OF :SEAL: ATTEST: r C - Patty McKe Town Cler APPROVED IN FORM ? L'�r�� Town Attorney TOWN OF AVON LIQUOR LICENSING AUTHO B �C"'. 1 Ronald C. Wolfe, Chairman ALB Res. No. 09-03 Finnegans Violation Page 2 of 2