LA Res. No. 2009-04 Making the determination 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. 09-04
SERIES OF 2009
IN THE MATTER OF THE HOTEL AND RESTAURANT LIQUOR LICENSE
FOR 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 MAKING THE DETERMINATION THAT FINNEGAN'S WAKE IRISH PUBS,
LLC D/B/A FINNEGAN'S WAKE IRISH PUB HAS VIOLATED A LAW, RULE OR
REGULATION WITH RESPECT TO THE OPERATION OF ITS LICENSED PREMISES; AND
SUSPENDING THE HOTEL AND RESTAURANT LIQUOR LICENSE AND APPROVE TO THE
STIPULATION TO PAY A FINE IN LIEU OF SUSPENSION
WHEREAS, the Town Council of the Town of Avon, acting as the local licensing
authority ("Liquor Licensing Authority"), has conducted a hearing on the complaint of 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 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";
WHEREAS, Licensee appeared by Maggie Parker, Owner and 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 that, on January 18,
2009, Licensee violated Avon Municipal Code 9.12.040, sale to an intoxicated person and
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".
Section 2. As the penalty for the violation, the Liquor Licensing Authority imposes a
penalty permitted under Regulation 47-604 and described in "Exhibit A" as "Stipulated Findings
of Fact, Conclusions and Sanctions Order in Section III, Order for Sanctions".
Section 3. This Resolution shall be effective immediately.
RESOLUTION APPROVED AND ADOPTED THIS 14th DAY OF APRIL 2009.
ATTEST:
PattyKe ny
Town ler
TOWN OF AVON LIQUOR LICENSING
AU
ByTHO c
� e—ek
Ronald C. Wolfe, Chairman
ALB Res. No. 09-04 Finnegans Dispo
Page 2 of 2
TOWN OF AVON LIQUOR LICENSING AUTHORITY
STIPULATED FINDINGS OF FACT, CONCLUSIONS AND SANCTIONS ORDER
In Re the Matter of:
the
X Hotel and Restaurant Liquor License of
❑Retail Liquor Store
❑3.2% Beer
of Hotel and Restaurant Liquor License of Finnegan's Wake Irish Pub LLC d/b/a
Finnegan's Wake Irish Pub ("Licensee")
Address:
82 East Beaver Creek Blvd
Avon, Colorado
This matter comes before the Town of Avon Local Liquor Licensing Authority ("Liquor
Authority") upon the Authority's Notice of Show Cause Hearing and Preliminary Hearing, dated
2/10/09, a copy of which was mailed to the representative -of -record for the Licensee by certified
mail, return receipt requested.
I. 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 liquor or beer license,
II_ FINDINGS AND CONCLUSIONS
1. The Licensee operates a business within the Town of Avon that serves and sells
alcoholic beverages pursuant to Town of Avon and State of Colorado Liquor Licensees,
2. Factual basis: The Licensee admits a violation of C.R.S. §12-47-901(1)(a), 12-
407(5)(a)(1), and Regulation 47-900, "unlawful for any person to sell, serve, give away, dispose
of, exchange or deliver or permit the sale, serving, giving or procuring of any alcohol beverages
to a visibly intoxicated person," 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 visibly
intoxicated person on 1/18109. The undersigned agree to the following factual basis for the
Stipulation:
On 1/18/09, Arthur Allen Hanson Myron ("Myron") was served alcohol beverages by an
employee of the Licensee over the course of at least four hours. When Myron was cut off from
further service at around 11:00 p.m., he settled his bar tab and attempted to exit the bar, Upon
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doing so, Myron fell down two flights of internal stairs. Myron sustained a small cut to the head,
urinated his pants, was incoherent and confused when contacted by police, and was
transported to Vail Valley Medical Center for treatment. Myron blew .269 BrAC on a portable
breathalyzer administered by Avon Police at the scene. Myron's bar tab for the day totaled
$146.35 and included the purchase of five beers and 19 shots of hard liquor.
3. Pursuant to C.R.S. §§12-47-901(1)(a), 12-407(5)(a)(1), and Regulation 47-90, it
is unlawful for any person to sell, serve, give away, dispose of, exchange or deliver or permit the
sale, serving, giving or procuring of any alcohol beverages to a visibly intoxicated person.
4. 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. Licensee's above -referenced Town of Avon Liquor License shall be, and is
HEREBY SUSPENDED for a period of ten (10) business days. The ten (10) day suspension
shall be imposed and served as follows:
A_ The Licensee agrees that five (5) days of the ten (10) day suspension shall be
held in abeyance for a period of one (1) year from the date of approval of this Stipulation
by the Liquor Authority, pending no further violations of the Colorado Liquor or Beer
Code during this time period. In this regard, the suspension period to be held in
abeyance is contingent on the following:
i. That the public welfare and morals would not be impaired by permitting
the Licensee to operate during the period set for suspension and that the
suspension period held in abeyance will achieve the desired disciplinary
purposes; and
ii. The Licensee, in an effort to prevent future violations by employees,
within 90 days from the approval of this Stipulation, provides basic alcohol
awareness training (TIPS) to all of the employees that sell, serve, dispense or
handle alcoholic beverages who have not already received such training at any
time since January 24, 2009; and
iii. The Licensee provides proof that any such required training was
complete to the Town's Liquor Licensing Administrator (Town Clerk) no later than
90 days from the date this Stipulation is approved by the Licensing Authority.
B. That the additional five (5) days of the ten (10) day suspension shall be satisfied
by the Licensee paying a monetary fine in lieu of suspension in accordance with state
statutes and applicable town ordinances. In this regard, the parties agree as follows,
i. The public welfare and morals would not be impaired by permitting the
Licensee to operate during the period for suspension and that the payment of the
fine in lieu of suspension will achieve the desired disciplinary purposes;
ii. That the books and records of the Licensee are kept in a manner that loss
of sales of alcoholic beverages, which the Licensee would have suffered had the
suspension gone into effect, can be determined with reasonable accuracy
thereof,
iii. That the Licensee has not had its License suspended or revoked, nor had
any suspension stayed by the payment of a fine, during the two (2) years
immediately preceding the date of the complaint, which has resulted in this
Stipulation and Agreement.
iv. The Parties agree that the fine shall be the equivalent of twenty percent
(20%) of the Licensee's estimated gross revenues from the sale of alcoholic
beverages during a period of five (5) days, except that the fine shall not be less
than Two Hundred Dollars ($200.00) nor more than Five Thousand Dollars
($5,000.00). The parties to this Stipulation and Agreement agree that the
Authority has full discretion to determine the five (5) day period that will be used
in calculating the Licensee's estimated gross revenues and that the Authority, in
approving this Stipulation, has set the dates for calculating this fine as
Dates, June 20-24 2009 inclusive Sat a m from opening through Wed._ .m. at
closin .
V. A computer printout (or manual accounting) of the sales for alcohol for the
designated days set forth in subsection (iv) above will be submitted to and
received by the Liquor License Administrator (Town Clerk) no later than five
business days following the last day of the suspension set forth in subsection iv
above.
vi. Within five business days of receipt of said accounting, the Liquor License
Administrator (Town Clerk) will invoice the licensee via certified mail or hand
delivery for the amount due
vii. The Licensee will remit cash, certified check or cashier's check to the
Liquor License Administrator for the total Fine in Lieu, no later than five business
days from the date of the certified letter or the receipt of the invoice by hand
delivery.
viii. Licensee shall timely comply with all of the obligations as set forth in this
Stipulation as well as any future dates or obligations as required by the Town
concerning documentation regarding the payment of any fine in lieu of
suspension.
ix. Licensee shall post signage during the dates set forth in subsection (iv)
above of the suspension even though Licensee is paying a fine in lieu of serving
the actual suspension and such signage shall indicate the suspension and the
penalty being served_
2. If at any subsequent hearing or stipulation in lieu of bearing the Liquor Authority
should find that the Licensee, during the aforesaid one-year suspension period, violated any
provision to the Colorado Beer or Liquor Codes, including all regulations thereunder, or any
portion of the Town of Avon Municipal Code or this Stipulation and the obligations imposed
herein on the Licensee by the Liquor Licensing Authority, then the Liquor Authority shall, in
addition to any other penalty imposed, order the Licensee to serve all days of suspension
suspended hereunder without further notice, pursuant to this Stipulation,
This Stipulation shall not be effective unless it is accepted and approved by the Liquor
Authority.
y1 IN WITNESS WHEREOF, 1 have hereunto set my hand and seal of my office this
a� day of -910-f(j'S-- -12009-
0 1`
,2009.01` ^ V �N
BY:
Liquor Licensing Authority Chair
ATT
Pala 3 ...�' • Ov
BY:
TO CLERK
STIPULATED AND AGREED T0:
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Counsel f to)rown
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ored Representative for Licensee