LA Minutes 03-12-2024AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES A
TUESDAY, MARCH 12, 2024 ,avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM C O L O R A D O
1. CALL TO ORDER AND ROLL CALL
The meeting was hosted in person and virtually, via Zoom.us. Chair Amy Phillips called the Avon
Liquor Licensing Authority Meeting to order at 5:00 p.m. A roll call was taken, and Board Members
present in person were Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, Vice Chair Tamra
Underwood, and Chair Amy Phillips. Board member Chico Thuon joined the meeting in person at
5:07 p.m. Also present were Town Manager Eric Heil, Deputy Town Manager Patty McKenny, Town
Attorney Nina Williams, Chief Administrative Officer Ineke de Jong, and Local Liquor Licensing
Authority Secretary Miguel Jauregui Casanueva.
2. APPROVAL OF AGENDA
Video Start Time: 00:01:06
Without deliberations, Vice Chair Underwood motioned to approve the Liquor Licensing Authority
Agenda as presented. Board member Andrade seconded the motion. The motion was approved with
a 6-0 vote of those present.
3. DISCLOSURE OF ANY CONFLICTS OF INTEREST RELATED TO AGENDA ITEMS
Video Start Time: 00:01:25
There were no conflicts of interest disclosed related to the Agenda.
4. PUBLIC COMMENT— COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Video Start Time: 00:01:25
Chair Phillips explained that public comments can be made by participating in the meeting in person,
via zoom's video/audio, via telephone, or via email. She clarified that the public comment section is
intended for items not listed in the agenda, and participation by members of the public is limited to
3 minutes. She asked if there was any public comment from those present in the room or virtually,
and no public comments were made.
S. PUBLIC HEARING FOR REPORT OF CHANGES -MODIFICATION OF PREMISES
Video Start Time: 00:01:49
5.1. Applicant Name: Dillon Companies LLC d/b/a City Market #26
Location: 0072 Beaver Creek Place
Type: Fermented Malt Beverage Off Premises (City)
Manager: Pavel Pavlov
After a brief introduction to the modification of premises application, Town Manager Eric Heil noted
there have been concerns around the use of temporary displays at City Market in Avon. He added that the
request for an expanded premise modification is an opportunity to address these concerns. Mr. Adam
Stapen of the Law Firm of Dill and Dill took the podium virtually on behalf of the applicant Dillon
Companies LLC d/b/a City Market Store #26. He was joined by Ms. Alina Brusilovsky, Merchandising
Special Assignment Manager with King Soopers City Market.
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AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, MARCH 12, 2024 avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM c. o L 0 R A o 0
Ms. Brusilovsky noted that they have received feedback from their consumers requesting to expand their
permanent display of alcohol. Mr. Stapen added that their intention is to expand the permanent display and
continue with their use of temporary displays throughout the store which he claimed are statutorily allowed
and satisfy the needs and desires of the community in Avon. Mr. Stapen stated that City Market is not willing
to curtail the use of temporary displays as a part of the expansion of their permanent displays.
Questions from Council included requesting statistics for alcohol theft at the store, differences
between the permanent and temporary displays, if the diagram submitted in their application is
correct and reflects current displays of alcohol given that the existing size of the wine wall at the
produce section of the grocery store, and if they have received comments from those trying to stop
drinking over concerns of the placement of temporary displays of alcohol throughout the store which
make alcohol unavoidable.
Town Attorney Nina Williams asked Mr. Stapen if there is a law or statute that permits the display of
alcohol throughout the entire store and Mr. Stapen advised it is not a law but the interpretation of a
regulation through a Bulletin issued by the DOR, and that the entire premises is licensed for the
temporary display of alcohol, allowing them to place temporary displays of alcohol throughout the
entire store. Ms. Williams noted that the interpretation of temporary displays of alcohol defies logic
and the reason to have a permanent display given that their use of temporary displays circumvents
mandatory placement of alcohol at permanent displays.
Chair Phillips asked if there was any public comment from those present in the room or virtually, and
Mr. Tim McMahon, resident of Avon took the podium to state that he can walk into City Market,
easily grab a wine bottle, and walk out of the store without ever encountering a City Market
employee, making ideal for theft of alcohol by minors. No other public comments were made in
person nor virtually.
Councilor Thuon thanked City Market for the service they provide the community of Avon, and stated
he wants a fair playing field between City Market and its competitors. He added he agrees with public
comment that it is easy to steal from the store and is surprised by the theft statistics provided during
the hearing, adding he would like more data of alcohol theft from the City Market location specific
to Avon.
Vice Chair Underwood agreed that the public is being inundated with wine offerings everywhere at
the Avon City Market and it is disrespectful of those who just want to buy groceries at the grocery
store. She added it appears to lead back to the misuse of the temporary display loophole which does
change the character of the premises. Ms. Underwood highlighted that City Market is currently using
an additional 22 linear feet for a total of 66 linear feet in their permanent display which exceeds the
approved 44 linear feet for their existing permanent display and is already a violation. She asked City
Market representatives to provide a corrected diagram that properly requests for the approval of 66
linear feet in their permanent display since it is what they are using.
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AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES A
TUESDAY, MARCH 12, 2024 Avon
HYBRID MEETING; IN -PERSON ATAVON TOWN HALL OR VIRTUALLY THROUGH ZOOM C O L O R A D O
Town Manager Eric Heil suggested this public hearing be continued to April 9, 2024, so that additional
information can be collected relating to the temporary displays bulletin and the issues raised in the
hearing. Vice -Chair Underwood moved to continue the Permanent Modification of Premises
application made by Dillon Companies LLC, d/b/a/ City Market #26 to the April 9, 2024 Liquor Board
Hearing. Board member Stanley seconded the motion. The motion was approved unanimously with
a 7-0 vote.
6. APPROVAL OF THE MINUTES FROM JANUARY 9, 2024 MEETING
Video Start Time: 00:37:27
Board member Andrade motioned to approve the Minutes from Tuesday, January 9, 2024, as
presented. Board Member Hardy seconded the motion. The motion was approved unanimously with
a 7-0 vote.
7. WRITTEN REPORT
7.1. REPORT ON RECENT ADMINISTRATIVE APPROVALS DEPUTY TOWN CLERK BRENDA TORRES)
8. ADJOURNMENT
The Avon Liquor Licensing Authority Meeting adjourned at 5:38 p.m.
These minutes are only a summary of the proceedings of the Local Liquor Licensing Authority meeting.
They are not intended to be comprehensive or to include each statement, person speaking or to portray
with complete accuracy. The most accurate records of the meeting are the audio of the meeting, which
is housed in the Town Clerk' s office, and the video of the meeting, which is available at
www.highfivemedia.org.
APPROVED:
Amy Phillips
Tamra Uncle
Ruth Stanley
Rich Carroll
Lindsay Hardy
RJ Andrade
Chico Thuon
RESPECTFULLY SUBMITTED:
/1W
^^iR„ol Jaure i asanueva, Authority Secretary
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