LA Minutes 04-09-2024AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES A
Q ,
TUESDAY, APRIL 9, 2024 avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
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 Chico Thuon, Rich Carroll, RJ Andrade, Lindsay Hardy, Ruth Stanley, and Chair
Amy Phillips. Board Vice Chair Tamra Underwood joined the meeting virtually at 5:32 p.m. Also
present were 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: 00:00:34
Without deliberations, Board Member Thuon 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: 00:00:55
Chair Amy Phillips disclosed that her husband works part time at a local Liquor Store, and added she
believed it may give an appearance of a conflict of interest and would prefer for her fellow Board
Members to take a vote on it. She asked Town Attorney Williams to remind Board members on the
rules applicable to conflicts of interest. Upon taking a vote, Board Member Andrade reminded his
fellow Board Members that when he was a holder of a liquor license, the Board found he did not
have a conflict of interest. He voted against having Chair Phillips recusing herself. Board Members
Carroll, Thuon, Hardy, and Stanley voted in favor of having Chair Phillips recuse herself from Business
Item 5.1. Board Member Hardy nominated Board Member Carroll to preside over the meeting during
Business Item 5.1. Board Member Thuon seconded the motion. The motion was approved with a 6-
0 vote of those present.
4. PUBLIC COMMENT —COMMENTS ARE WELCOME ON ITEMS NOT LISTED ON THE FOLLOWING AGENDA
Video Start Time: 00:03:50
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.
5. PUBLIC HEARING FOR REPORT OF CHANGES -MODIFICATION OF PREMISES
Video Start Time: 00:04:21
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
Page 1
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES
TUESDAY, APRIL 9, 2024 Avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM c o L o R A o 0
After Chair Phillips recused herself, Board Member Carroll introduced the public hearing as a
continuation of the hearing from March 12, 2024. Local Liquor Licensing Authority Secretary Jauregui
Casanueva reminded Councilors that an expanded premise modification is an opportunity to address
concerns over temporary displays and the Town has been working with Mr. Adam Stapen of the Law Firm
of Dill and Dill and Ms. Alina Brusilovsky, Merchandising Special Assignment Manager with King Soopers City
Market to curtail the use of temporary displays at City Market Store #26. Mr. Stapen and Ms.
Brusilovsky took the podium to present two revised diagrams of the store which contained greater
detail on the liquor displays and answered the Board's questions. Town Attorney Nina Williams
explained the scope and factors of analysis that should be used by the Board in analyzing its decision.
Mr. Stapen offered that City Market and Town of Avon representatives have reached a compromise
to limit the number of temporary displays at the grocery store to two floating end caps only.
Board Member Carroll opened the floor of the public hearing and Peter Cuccia, Owner of Village
Warehouse Wines in Avon took the podium and mentioned that there are over 10,000 of bottles that
can get stored at the grocery store under the expanded premise modification they requested,
without counting the floating end caps, which he felt is unnecessary for a supermarket. No other
public comment was made in person nor virtually.
Board Member Thuon mentioned that it is a good door policy at night to lock the automatic entry
doors so that it is harder to steal alcohol. Board Member Andrade stated that as a person and a
resident of Avon, he would like to vote against this modification of premises, but it meets the
requirements for approval. Councilor Hardy stated that she too believes that there are too many
bottles of wine stored at the grocery store but legal criteria for the modification Of premises is met.
Chair Carroll noted that a condition of the approval is the offer of City Market to limit its use of
temporary displays to two floating end caps only and asked when this will become effective and was
advised by Mr. Stapen and Ms. Brusilovsky that it will take effect by May 1, 2024.
Vice -Chair Underwood joined the meeting at 5:32 p.m. and abstained from voting on Business Item
5.1. given that she was not present for the entire public hearing.
Board Member Thuon moved to approve the Permanent Modification of Premises application made
by Dillon Companies LLC, d/b/a/ City Market #26, conditioned on limiting the use of temporary
displays to two floating end caps. Board member Hardy seconded the motion. The motion was
approved with a 5-0 vote of those present.
6. APPROVAL OF THE MINUTES FROM MARCH 12, 2024 MEETING
Video Start Time: 00:34:25
After Chair Phillips rejoined the meeting, Board member Thuon motioned to approve the Minutes
from Tuesday, March 12, 2024, as presented. Board Member Hardy seconded the motion. The
motion was approved unanimously with a 7-0 vote.
Page 2
AVON LIQUOR LICENSING AUTHORITY MEETING MINUTES A
Q TUESDAY, APRIL 9, 2024 Avon
HYBRID MEETING; IN -PERSON AT AVON TOWN HALL OR VIRTUALLY THROUGH ZOOM COLORADO
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 5:36 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.
RESPECTFULLY SUBMITTED:
Miguel Jaureg I sanueva, Authority Secretary
APPROVED:
Amy Phillips
Tamra Underwoo
Ruth Stanley
Rich Carroll
Lindsay Hardy
RJ Andrade
Chico Thuon
Page 3