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TC Ord. No. 25-17 Amending Chapter 5.08 Liquor Licenses to Enact Regulations Concerning Temporary Liquor DisplaysAvon COLORADO ORDINANCE 25-17 AMENDING AVON MUNICIPAL CODE, CHAPTER 5.08 LIQUOR LICENSES TO ENACT REGULATIONS CONCERNING TEMPORARY LIQUOR DISPLAYS. WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule powers of the Town of Avon ("Avon"), the Avon Town Council ("Council") has the power to make and publish ordinances necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, pursuant to such authority, the Town has previously adopted Title 5 of the Avon Municipal Code ("Code"), including Chapter 5.08, which governs liquor licensing and regulation within the Town of Avon; and WHEREAS, the State of Colorado permits the unlimited use of end caps for temporary alcohol displays, subject to location -based restrictions, which has resulted in widespread placement of liquor displays throughout grocery stores, including unconventional areas such as floral sections, candy aisles, and store entrances; and WHEREAS, at Council direction, the Town Clerk was tasked with codifying a Liquor Code amendment to regulate and limit such displays in Avon to two end caps adjacent to permanent displays; and WHEREAS, this amendment aligns with Colorado Liquor Enforcement Division Bulletin 25-02 and Regulation 47-951, which encourage local licensing authorities to adopt more restrictive rules for temporary displays; and WHEREAS, the Town Council finds that limiting temporary alcohol displays will promote the health, safety, and general welfare of the. Avon community by reducing excessive alcohol marketing and improving public visibility standards; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence, 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, has determined to take final action on this Ordinance prior to concluding the public hearing on second reading. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Ord. 25-17: Amending Chapter 5.08 Liquor Licenses Page 1 of 3 Section 2. Chapter 5.08 Liquor License Amendments. Council hereby amends Chapter 5.08 of Title 5 of the Avon Municipal Code to enact the following section: "5.08.220 Temporary Displays — Limitations. Liquor -licensed drug stores, and fermented malt beverage and wine retailer off - premises licensees shall be limited to no more than two temporary displays located at aisle end caps adjacent to permanent displays. The end caps must be located adjacent to liquor aisles pursuant to the licensee's approved diagram. This restriction is intended to promote public health and safety by reducing excessive alcohol marketing and visibility." Section 3. 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 4. Effective Date. This Ordinance shall take effect thirty days after the date of final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 5. 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 6. 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, 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. Ord. 25-17: Amending Chapter 5.08 Liquor Licenses Page 2 of 3 Section 7. Codification of 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 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 by the Avon Town Council on September 23, 2025 and setting such public hearing for October 14, 2025 at the Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Colorado. BY: ATTEST: k-1 W T mra N. Underwood, ayor Miguel Jaur i Casanueva, Town Clerk ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on October 14, 2025. BY: � //,, 4 ID2L amra N. Underwood, Mayor APPROVED AS TO FORM: Nina Williams, Town Attorney ATTEST: Miguel Jaur i Casanueva, Town Clerk Ord. 25-17: Amending Chapter 5.08 Liquor Licenses Page 3 of 3