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TC Ord. 18-18 Amending Chapter 5.08 Liquor LicensesTOWN OF AVON, COLORADO ORDINANCE NO. 18-18 AMENDING CHAPTER 5.08 — LIQUOR LICENSES OF THE AVON MUNICIPAL CODE WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality and political subdivision of the State of Colorado (the "State") organized and existing under a home rule charter (the "Charter") pursuant to Article XX of the Constitution of the State; and WHEREAS, the Town may enact local liquor license regulations which are not in conflict with the Colorado Liquor Code; and WHEREAS, the Town Council, as the local liquor license authority, desires to delegate review and approval authority for certain routine liquor license applications to the Town Clerk to improve administrative efficiency; and WHEREAS, the Avon Town Council finds that amendments to Chapter 5.08 will promote the health, safety and general welfare of the Avon community; and WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on First Reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2. Amendments to Chapter 5.08. Chapter 5.08 of the Avon Municipal Code is hereby amended as follows: A. Amendment to 5.08.140 — Renewal Applications. A new Subsection (f) to Section 5.08.140 is hereby enacted to read as follows: (f) The Town Clerk may review and approve renewal applications without conducting a public hearing provided that the (1) the Application is complete, (2) there are no new liquor license violations during the last year, (3) there is no new activity on the criminal background check, (4) there is no evidence that the premises for which renewal is sought does not comply with the provisions of the Colorado Liquor Code, and (5) there is no request for a public hearing before the Local Liquor Licensing Authority. The Town Clerk shall publish notice of the renewal Ord. 18-18 November 13, 2018 FINAL Page 1 of 4 application at least seven days before taking action and such notice shall state that comments may be submitted to the Town Clerk. The Town Clerk may refer any renewal application to the Local Liquor Licensing Authority in the Town Clerk's sole discretion. Administrative approval of renewal applications shall be reported to the Avon Town Council. B. Amendment to 5.08.150 — Modification. A Subsections (b) and (c) to Section 5.08.150 are hereby repealed and re-enacted in their entirety to read as follows: (b) Similarly, to achieve a change in the ownership of a licensed outlet, the applicant shall complete and submit all forms and material required by the State Liquor Enforcement Division, a fee to the Town of five hundred dollars ($500.00) for actual and necessary expenses incurred in connection with processing the application, and such additional materials as may be required by the Town Attorney, Town Clerk or Police Chief, as well as any information, testimony or documents required by the Local Liquor Licensing Authority. If the licensee is a corporation, any transfer of more than ten percent (10%) of the stock of the corporation must be reported to the Town Clerk and the forms required by the State Liquor Enforcement Division must be completed and submitted not less than ten (10) days prior to such transfer. The Town Clerk may approve a change in ownership if there is no criminal activity indicated on the criminal background check. The Town Clerk may refer any ownership modification application to the Local Liquor Licensing Authority in the Town Clerk's sole discretion. Administrative approval of modification of ownership applications shall be reported to the Avon Town Council. (c) When the licensee desires to change the manager of his or her establishment, or, in the case of multiple managers, to add another manager, the prospective manager must present himself or herself to the Town Police Chief for the taking of fingerprints and the necessary background information, as well as the completion of forms required by the Town Clerk or Police Chief. Additionally, a copy of the written agreement under which the manager proposes to operate must be filed with the Town Clerk and the State Liquor Enforcement Division. The Town Clerk may approve a change in manager(s) if there is no criminal activity indicated on the criminal background check. The Town Clerk may refer any manager modification application to the Local Liquor Licensing Authority in the Town Clerk's sole discretion. Administrative approval of modification of manager applications shall be reported to the Avon Town Council. C. Amendment to 5.08.170 — Special Event Permits. Section 5.08.170 is hereby amended to enact a new subsection (e) to read as follows: (e) The Town Clerk may review and approve special event applications without conducting a public hearing provided that the (1) the Application is complete, (2) there are no liquor license violations during the last five years, (3) there is no there is no criminal activity indicated on the criminal background check, (4) the special Ord. 18-18 November 13, 2018 FINAL Page 2 of 4 event permit application is for an event approved by the Avon Town Council on Town property which indicated the time, date and location of the event, and (5) there is no request for a public hearing before the Local Liquor Licensing Authority. The Town Clerk shall publish notice of the special event permit application at least seven days before taking action and such notice shall state that comments may be submitted to the Town Clerk. The Town Clerk may refer any renewal application to the Local Liquor Licensing Authority in the Town Clerk's sole discretion. Administrative approval of special event applications shall be reported to the Avon Town Council. Section 3. Codification Amendments. The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4. Severability. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though -any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. No Existing Violation Affected. Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, Ord. 18-18 November 13, 2018 FINAL Page 3 of 4 suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance with Chapter 1.16 of the Avon Municipal Code. INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC HEARING on October 23, 2018 and setting such public hearing for November 13, 2018 at the Council Chambers of the Avon Municipal Building, located at One Lake Stre e�� rad BATTEST: OV -X10A %ZZ:7- Qal ' �10 1e Fancher, Mayor Debbie Hoppe, Town C ADOPTED ON SECOND AND FINAL READING on November 13, 201 Eric eil, jwn Attorney Ord. 18-18 November 13, 2018 FINAL Page 4 of 4 T: Hoppe, Town C ;S E AL*: