LA Minutes 11-09-2010TOWN OF AVON, COLORADO
AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, NOVEMBER 9, 2010 0 s;
MEETING BEGINS AT 5:15 PM �ij ��11
AVON TOWN HALL, ONE LAKE STREET = o t
PRESIDING OFFICIALS
CHAIRMAN RON WOLFE
VICE CHAIRMAN BRIAN SIPES
BOARD MEMBERS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR.
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS
PLEASE VIEW AVON'S WEBSITE, HTTP: //WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
1. CALL TO ORDER / ROLL CALL
2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
3. RENEWAL LIQUOR LICENSES
a. Applicant: Saltwater Cowboy, LLC d /b /a Saltwater Cowboy
Address: 48 E. Beaver Creek Blvd., Suite 105
Manager: Stephen W. Bullock
Type: Hotel and Restaurant Liquor License
b. Applicant: Nova Entertainment, LLC d /b /a Loaded Joe's
Address: 82 E. Beaver Creek Blvd, Suite 104
Manager: Kent Beidel
Type: Tavern Liquor License
4. CONSENT AGENDA
a. Minutes from October 26, 2010
5. ADJOURNMENT
Avon Council Meeting. 10.1 1.09.doc
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Memo
To:
Avon Liquor Licensing Authority
Thru:
Larry Brooks, Town Manager
cc:
Eric Heil, Town Attorney
From:
Debbie Hoppe, Court Clerk
Date:
November 4, 2010
Re:
Renewal of Liquor Licenses
Summary:
The Town Council serving as the Avon Liquor Licensing Authority will consider the following liquor license
applications for renewal at its board meeting next week:
a. Applicant: Saltwater Cowboy, LLC d /b /a Saltwater Cowboy
Address: 48 East Beaver Creek Blvd, Suite 105
Manager: Stephen W. Bullock
Type: Hotel & Restaurant Liquor License
b. Applicant: Nova Entertainment, LLC d /b /a Loaded Joe's
Address: 82 E. Beaver Creek Blvd, Suite 104
Manager: Kent Beidel
Type: Tavern Liquor License
Background & Discussion:
Colorado Liquor Code, 12 -47 -302, provides for guidelines related to liquor licensing renewals; applications for
the renewal of an existing license shall be made to the local licensing authority. The Town Clerk, Town Attorney,
and Police Department have reviewed the applications submitted referenced above and the materials are in
order. Police Report results are summarized below:
a. There have been no alcohol related calls for Loaded Joe's during the past year.
b. There have been two citations for sales to intoxicated persons at Saltwater Cowboy during the past year.
Reports for these incidents are attached.:
✓ Avon Police Report # 2010 - 000193 and 2010 - 000206
✓ March 21, 2010 and March 27, 2010, the Licensee or Licensee's employees or agents permitted
activity to occur on or about the Licensed Premises in violation of 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, which is prohibited under this article.
The penalty for the violation imposed by the Avon Local Liquor Licensing Authority, and permitted under
Regulation 47 -604, is described in Resolution No. 10 -06 which is attached for your review. The applicant
served the suspension and paid the fine in the amount of $636.94 on June 14, 2010.
Financial Implications:
There are local and state liquor licensing fees associated with renewal applications that have been submitted to the
Town.
Town Manager Comm ts:
Attachments:
➢ State of Colorado Forms for Liquor License Renewals
➢ Avon Liquor Board Resolution No. 10 -06
➢ Avon Police Department Background Memos
PROCEEDINGS 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. 10 -06
SERIES OF 2010
IN THE MATTER OF THE HOTEL AND RESTAURANT LIQUOR STORE LICENSE
FOR SALTWATER COWBOY LLC D /B /A SALTWATER COWBOY
FOR THE LICENSED PREMISES LOCATED AT 48 E. BEAVER CREEK BLVD., AVON, COLORADO
A RESOLUTION MAKING THE DETERMINATION THAT SALTWATER COWBOY LLC D /B /A
SALTWATER COWBOY HAS VIOLATED A LAW, RULE OR REGULATION WITH RESPECT
TO THE OPERATION OF ITS LICENSED PREMISES; AND IMPOSING A TEN (10) DAY
LIQUOR LICENSE SUSPENSION OF THE HOTEL AND RESTUARNT LIQUOR LICENSE
WHEREAS, the Town Council of the Town of Avon, acting as the local licensing
authority ( "Liquor Licensing Authority "), has received two complaints from the Avon Police
Department alleging that there are two violations of 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, which is prohibited under this article as follows:
✓ March 21, 2010 at Saltwater Cowboy, Allison Ault, an employee, was cited with violation
of selling to an intoxicated person (Police Report # 2010 - 000192).
✓ March 27, 2010 at Saltwater Cowboy, Ricardo Aragon Ramos, an employee, was cited
with violation of selling to an intoxicated person (Police Report # 2010 - 000206).
WHEREAS, Licensee appeared by Stephen Bullock, 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 the following:
The Licensee admits a violation of § 12- 47- 901(1)(a), C.R.S., concerning the sale of alcoholic
beverages to a visibly intoxicated person, and stipulates that the facts alleged in the Show
Cause Order did occur on March 21, 2010 as they pertain to the sale of alcohol to a visibly
intoxicated person. The undersigned agree to the following factual basis for the Stipulation:
On March 21, 2010 at approximately 1:30 AM, Allison Ault, an employee of Saltwater
Cowboy, sold an alcoholic beverage to a visibly intoxicated person.
3. Pursuant to § 12- 47- 901(1)(a), C.R.S., it is illegal to sell alcoholic beverages to any
person who is visibly intoxicated.
4. The Show Cause Order issued to the Licensee concerning the allegation that the
Licensee sold an alcoholic beverage to a visibly intoxicated person on March 27, 2010 is hereby
withdrawn upon the stipulation of the parties.
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 Saltwater
Cowboy, a ten (10) business day liquor license suspension to be served. Details of the
suspension are outlined in attached Exhibit A.
Section 3. This Resolution shall be effective immediately upon adoption.
RESOLUTION APPRAND ADOPTED THIS 81th DAY OF JUNE 2010.
OF AVpN TOWN AVON LIQUOR LICENSING
.;
AUTH IT
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(`ni nCt AOR
ATTEST:
Patty, c nny, Town e c
ALB Res. No. 10 -06 Saltwater Cowboy.doc
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TOWN OF AVON LIQUOR LICENSING AUTHORITY
STIPULATED FINDINGS OF FACT, CONCLUSIONS
AND SANCTIONS ORDER
In Re the Matter of the Hotel and Restaurant Liquor License of:
Saltwater Cowboy LLC, d/b /a Saltwater Cowboy (the "Licensee ")
Address: 48 East Beaver Creek Boulevard, Avon, Colorado
This matter comes before the Town of Avon Local Liquor Licensing Authority
(the "Authority ") upon the Authority's Notice of Hearing; and Order to Show Cause,
dated April 13, 2010 (the "Show Cause Order "), 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
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 Authority is authorized to consider whether to suspend or
revoke a liquor or beer license.
II. FINDINGS AND CONCLUSIONS
1. The Licensee operates that business generally known as the Saltwater Cowboy
Bar 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 § 12- 47- 901(1)(a), C.R.S.,
concerning the sale of alcoholic beverages to a visibly intoxicated person, and stipulates
that the facts alleged in the Show Cause Order did occur on March 21, 2010 as they
pertain to the sale of alcohol to a visibly intoxicated person. The undersigned agree to
the following factual basis for the Stipulation:
On March 21, 2010 at approximately 1:30 AM, Allison Ault, an employee of
Saltwater Cowboy, sold an alcoholic beverage to a visibly intoxicated person.
3. Pursuant to § 12- 47- 901(1)(a), C.R.S., it is illegal to sell alcoholic beverages to
any person who is visibly intoxicated.
4. The Show Cause Order issued to the Licensee concerning the allegation that the
Licensee sold an alcoholic beverage to a visibly intoxicated person on March 27, 2010 is
hereby withdrawn upon the stipulation of the parties.
III. ORDER FOR SANCTIONS
Relying upon the stipulations set forth above, the Authority Orders as follows:
1. Licensee's Town of Avon Liquor License shall be, and is, HEREBY
SUSPENDED for a period of ten (10) business days. Such suspension shall be served as
follows:
A. Five (5) days of the suspension shall be held in abeyance for a period of
one (1) year from the date of the approval of this Stipulation by the Authority.
I. With regard to the period of suspension to be held in abeyance, the
Authority specifically finds that the public welfare and morals will 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.
II. The suspension period to be held in abeyance is contingent upon
the following:
a. The Licensee having no further violations of the Colorado
Beer or Liquor Codes, including all regulations thereunder, any portion of the Town of
Avon Municipal Code concerning the sale or service of alcoholic beverages, or the terms
of this Stipulation during the one year abeyance period.
b. In an effort to prevent future violations, the Licensee shall
have all current employees that sell, serve, dispense or handle alcoholic beverages trained
with basic alcohol awareness training (TIPS) within 60 days of the date of the Authority's
approval of this Stipulation, if those employees are not already so trained. Additionally,
Licensee shall have any new employees that sell, serve, dispense or handle alcoholic
beverages that are hired within one (1) year abeyance period TIPS certified within 60
days of such new employee's date of hire. The Licensee shall provide written proof of
TIPS training for all employees to the Town Clerk within the timeframes set forth above.
III. If at any subsequent hearing or stipulation in lieu of hearing the
Authority should find that the Licensee, during the one year abeyance period, violated
any provision of the Colorado Beer or Liquor Codes, including all regulations thereunder,
any portion of the Town of Avon Municipal Code concerning the sale or service of
alcoholic beverages, or the terms of this Stipulation and the obligations imposed herein,
then the Authority shall, in addition to any other penalty imposed, order the Licensee to
serve all days of suspension held in abeyance without further notice.
B. The remaining five (5) days of the suspension may be satisfied by either:
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I. The Licensee serving the period of suspension, over consecutive
days and prior to Wednesday, June 9, 2010, less any days for which the Licensee
petitions to pay a fine in lieu of such suspension; or
II. The Licensee paying a monetary fine in lieu of the suspension in
accordance with § 12 -47 -601, C.R.S.
a. With regard to a fine in lieu of the suspension, the
Authority specifically finds that the public welfare and morals would not be impaired by
permitting the Licensee to operate during the period of suspension and that the payment
of the fine in lieu of suspension will achieve the desired disciplinary purposes.
b. The Authority finds 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; and
C. The Authority finds that the Licensee has not had its Liquor
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 that has resulted
in this Stipulation.
d. The parties agree that the fine shall be the equivalent of
twenty percent (20 %) of the Licensee's gross revenues from the sale of alcoholic
beverages during the period for which a fine in lieu of suspension is petitioned for, except
that the fine shall not be less than Two Hundred Dollars ($200.00) nor more than Five
Thousand Dollars ($5,000.00). The dates for the calculation of the fine shall begin on the
day immediately following the date of the incident, March 22, 2010, and shall run
consecutively after such date for the full period for which a fine in lieu of suspension is
petitioned.
e. If the Licensee petitions to pay a fine in lieu of suspension
for all or any portion of the five (5) day suspension period, the Licensee shall submit a
computer printout or manual accounting of the sales of alcohol for the designated days set
forth above to the Town Clerk by no later than June 7, 2010.
f. Within five business days of receipt of said accounting the
Town Clerk shall invoice the Licensee the amount of the fine via certified mail or hand
delivery.
g. The Licensee shall remit cash, certified check or cashier's
check to the Town Clerk for the total fine amount no later than five business days after
the receipt of such invoice.
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h. The Licensee shall timely comply with all of the
obligations set forth in this Stipulation as well as any future dates or obligations required
by the Town concerning documentation regarding the payment of any fine in lieu of
suspension.
2. This Stipulation shall not be effective unless it is accepted and approved by the
Liquor License Authority.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this
A -.3 dayR.�y, 2010.
DAL: TOW AVON, COLORADO
LI O ICENSING AU 13y:
Chairperson
Attest:
phen ullock, Manager
Saltwater Cowboy, LLC
Approved as to form:
Terry O' nnor, No. 9574
Attorney for Saltwater Cowboy, LLC
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TOWN OF AVON, COLORADO
MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING
HELD OCTOBER 26, 2010
The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of Avon,
Colorado convened at 5 PM at the Avon Town Hall, One Lake Street, Avon, Colorado. A roll
call was taken and Board members of the Authority present were Brian Sipes as Chairperson,
and Board members Dave Dantas, Rich Carroll, Kristi Ferraro, and Amy Phillips. Ron Wolfe
and Buz Reynolds were absent.
LIQUOR LICENSE RENEWALS
a. Applicant: Vail Valley Mexican Foods, LLC d /b /a Agave
Address: 1060 W. Beaver Creek Blvd
Manager: Richard Wheelock
Type: Hotel & Restaurant Liquor License
Chairman Sipes asked if the application materials were in order; it was confirmed that the
materials were in order. Board member Carroll moved to approve the renewal of the Hotel and
Restaurant Liquor License for Vail Valley Mexican Foods, LLC d /b /a Agave. Board member
Ferraro seconded the motion and it passed unanimously (Reynolds; Wolfe absent).
b. Applicant: Fork & Knife Inc, d /b /a Blue Plate
Address: 47 East Beaver Creek Blvd
Manager: Adam Roustom
Type: Hotel & Restaurant Liquor License
Chairman Sipes asked if the application materials were in order, Town Clerk Patty McKenny
noted that the application was in order. Board member Phillips moved to approve the renewal
of the Hotel & Restaurant Liquor License for Fork & Knife Inc, d /b /a Blue Plate. Board member
Carroll seconded the motion and it passed unanimously (Reynolds; Wolfe absent).
c. Applicant: Avon Properties Leasing, LLC d /b /a Village Warehouse Wines
Address: 101 Fawcett Road
Manager: James Valerio
Type: Retail Liquor Store License
Chairman Sipes asked if the application materials were in order; Town Clerk Patty McKenny
noted that everything was submitted. Board member Carroll moved to approve the renewal of
the hotel and restaurant liquor license for Avon Properties Leasing, LLC d /b /a Village
Warehouse Wines. Board member Ferraro seconded the motion and it passed unanimously
(Reynolds; Wolfe absent).
CONSENT AGENDA
Board member Dantas moved to approve the consent agenda; Board member Phillips
seconded the motion and it passed unanimously.
a. Minutes from September 28, 2010
There being no further business to come before the Board, the meeting adjourned at 5:10 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Secretary
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reynolds
Brian Sipes
Ron Wolfe
ALB 10.10.26.doc
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