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LA Minutes 03-08-2005TOWN OF AVON, COLORADO MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING HELD MARCH 8, 2005 The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of Avon, Colorado convened at 6:10 PM at the Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. A roll call was taken and Board members of the Authority present were Ron Wolfe as Chairperson, and Board members Debbie Buckley, Kristi Ferraro, Mac McDevitt, Amy Phillips, Brian Sipes and Tamra Underwood. Chairman Wolfe noted that there were three new liquor license applications for consideration and each one required a public hearing. Reports of Findings were provided the Board on each application prepared by the Town Clerk, Town Attorney and Avon Police Department. a. Type of License: Hotel and Restaurant License Applicant Name: Finnegan's Wake Irish Pubs LLC d/b/a Finnegan's Wake Irish Pub Street Address: 82 E. Beaver Creek Blvd, Suite 114, Avon, CO Manager Member:Margaret and Timothy Parker Mailing Address: PO Box 996, Vail, CO 81657 Manager: Maggie Parker Chairman Wolfe presented the first license as a Hotel and Restaurant license for Finnegan's Wake Irish Pub. At this time the applicant Maggie Parker introduced herself and explained that Finnegan's would be an Irish pub & restaurant, second floor would be a sports bar, and eventually would like to have music. The public hearing was opened. Dan McFarland and Kent Biedel, both residents of Avon, spoke in support of the applicants & the license for this location. Board member McDevitt asked about the criminal charge noted on the finding's report investigation on Timothy Parker. Detective Leake noted that the charge was a simple assault charge, but was deferred dismissed in Vail's Municipal Court. Ms. Parker presented her restaurant background and explained that she would require all employees to be TIPs certified; she was currently certified. The public hearing was closed. Councilor Phillips moved to approve the Hotel and Restaurant License for Finnegan's Wake Irish Pubs LLC d/b/a Finnegan's Wake Irish Pub. The motion passed unanimously with a roll call vote. b. Type of License: Hotel and Restaurant License Applicant Name: Belle Fare of Vail Valley, LLC d/b/a Belle Fare Street Address: 222 Chapel Place, A-202, Avon, CO Manager Member:John Forstmann and John C. Wells Mailing Address: PO Box 7720, Avon, CO 81620 Manager: John Forstmann Chairman Wolfe presented the second license for consideration as a new Hotel and Restaurant License for Belle Fare of Vail Valley, LLC d/b/a Belle Fare. Applicant John Forstmann presented the application and explained that Belle Fare would be the first complete food specialty shop in the country, to include everything relating to food, the byline is "the world of cuisine". The store is 16K square feet. The shopping experience is modeled after the European market place, where one can purchase a variety of items, including fresh baked goods, fresh meats, pastries, coffee bar, wine store, flower store, olive & cheese bar, etc. There will be three different segments, the specialty shop, the culinary cafe & collections (table top items world-wide), the culinary center/cooking school. All people involved in the store have many years of experience in the food and restaurant business. He noted that it would be the first business of its type in the country. Outdoor dining is also included. He noted that he has a similar project in the Cherry Hills are of Denver, a location that is planned at 45K square feet. He introduced Martin Stone, who will play a role in the management of the premises and who has had many years of experience in the restaurants business. Some discussion ensued about the premises of the area to be licensed, the first and second floors. The intention is to sell predominantly wine and beer; it is not the intent to be selling hard liquor, as it is not a bar. Martin Stone presented details as to how the establishment will work within the design submitted. TIPs training would also be required for all employees. Additional information was provided about other people playing a role in the development of the business, the role of an expert in international culinary cuisine, by the name Bill Wallace, who was unable to attend. Chairman Wolfe opened the public hearing. Max Scott, Oedipus, Inc. presented the needs and desires survey information and noted that of the total 137 people surveyed, 136 signatures favored issuance of the license and 1 opposed issuance of the license. The hearing was closed. Board member, Underwood moved to approve the Hotel and Restaurant License for Belle Fare of Vail Valley, LLC d/b/a Belle Fare. Board member Buckley seconded the motion and it passed unanimously with a roll call vote. c. Type of License: Retail Liquor Store License Applicant Name: VHF, LLC d/b/a Fine Wines of Vail Valley Street Address: 222 Chapel Place, A-102, Avon, CO 81620 Manager Member: Virginia Forstmann Mailing Address: PO Box 7890, Avon, CO 81620 Manager: Virginia Forstmann Chairman Wolfe presented the third liquor licens License for VHF, LLC d/b/a Fine Wines of Vail Vall square foot store, is located adjacent to Belle Far Fare hopes to achieve. Board member Underwood of Colorado Liquor Enforcement Division there is r therefore the application for the retail liquor store Scott to review the needs and desires survey for thi noted this his company is a professional surveying hired to conduct the surveying on behalf of both E presented the method and dates that the survey w~ and the survey results to the Board. The results it 131 favored the issuance of the license. 3 oonosE for consideration, a Retail Liquor Store ~y. He noted that the establishment, a 300 and part of the culinary theme that Belle noted that through an inquiry with the State o such license whereby wine is only sold, icense. Board member Wolfe asked Max Board. Max Scott, owner of Oedipus, Inc. company out of the Boulder area and was alle Fare & Fine Wines of Vail Valley. He s conducted, described the areas surveyed Heated out of the total 134 contacts made, J the license. He noted that in general, if survey results show support from 60% or better, that is a very good response, especially on the retail liquor store licenses since that license is typically the most controversial. Further discussion ensued about the details of how the survey is conducted. Board member McDevitt asked John Forstmann how crucial this license is to the success of Belle Fare. Forstmann indicated they don't consider anyone would visit the wine store without visiting the food store, it is purely a convenience factor for the patron, and it is a vital element of the design of the proposal. Board member Sipes asked about the ability of the applicant to expand the liquor store - Town Clerk Patty McKenny noted that it would require a completed application for a modification of premises. Board member Sipes asked Town Attorney to review the criteria the Board must consider in making the decision. Attorney John Wells spoke on behalf of the applicant Virginia Forstmann, as she was unable to attend, and he offered to answer any questions from the Board. Board member Underwood asked if anything other than wine would be stocked in the store; Wells responded that the primary focus of sale would be wine. Local Liquor Licensing Authority Page 2 of 4 March 8, 2005 Chairman Wolfe opened the public hearing. The following persons expressed opposition to the retail liquor store license: ✓ Rick Cuny, owner Beaver Liquors, expressed concern about the fact there is "no community" in that location of Avon, that there is not a need for another liquor store, that it doesn't meet the needs of the neighborhood. He reminded the Board that previous Liquor Boards had denied liquor store applications in that same area in the past four years. Concerned that the Board is not taking the community need into consideration. ✓ Don Marks, Avon Liquors, distributed a graph showing numbers of liquor store per population of residents, Avon and Eagle County. He is concerned that there are too many liquor stores for the population as well as concerned about the fact that the applicant was not present at the meeting. Some discussion ensued about what population to use, year- round residents, second homeowners, guests, etc. Further discussion ensued about a modification of premises and whether or not a public hearing is a part of that application. It was verified that the Liquor Board does in fact make the final decision on this type of application. ✓ Dave Courtney, part owner of Beaver Liquors, opposed the license at this location; does not see the need for another liquor store with the existing ones in such close proximity to each other. ✓ Peter Buckley, resident of Avon, (does not have any business relationship with the applicant) spoke in favor of the issuance of this liquor license and the proposed business and commented that the Town should let "the market" decide the need. Max Scott spoke about two section of the Colorado Liquor Code: 1) 12-47-302 (b) (1) - Modification of premises and the regulations outlined in that section, and 2) 12-47-301-(2) (b) - Undue Concentration paragraph as related to retail liquor store licenses. He provided more detail on how the surveyors approached the interested parties, and what was told the interested parties about the licenses. Chairman Wolfe closed the public hearing. Further Council discussion ensued about population projections for Avon and Eagle County. Town Attorney John Dunn reviewed the modification of premises regulations, i.e. public notice and public hearing requirements, as well as the criteria to use when considering new liquor licenses. John Wells answered the question related to TIPs training, noting in that all employees would be TIPs trained. TIPs certification is not a requirement prior to the issuance of a license. John Wells did not agree to stipulate to selling just wine, but agreed to the 300 square feet of premise. John Forstmann addressed the Board with regard to the size of the premise, adding that it is unlikely the store would stock beer. Board member McDevitt did note that the definition of the neighborhood has been changed recently. Board member Underwood suggested the following: ✓ the finding include a condition that only wine is sold ✓ the town adopt an ordinance that requires a public hearing on a modification of premises application ✓ review the business applications at the time of renewal Town Attorney John Dunn responded to the first suggestion in that he did not think the town would be able to enforce such a condition, since the type of license allows for the sale of malt, vinous and spirituous liquors. Some concern was expressed with regard to the methodology of the surveying; how the parties were asked the question and that both surveys were presented together. It was asked that an ordinance be brought to the Board on requiring a public hearing for a modification of premises especially with the retail liquor store license. Further discussion ensued about how to apply the "undue concentration" guideline to this application. Local Liquor Licensing Authority Page 3 of 4 March 8, 2005 Board member Ferraro moved to approve a Retail Liquor Store License for VHF, LLC d/b/a Fine Wines of Vail Valley based on the fact that the needs of the neighborhood and desires of the inhabitants would be served. Dunn informed them that a Resolution would be brought forward to them for the next meeting. Board member McDevitt seconded the motion and it passed with a four to two vote (Sipes and Underwood - nay). Other Business Police Chief Jeff Layman informed the Liquor Board that an important priority of the department is that of enforcing underage drinking. One of the ways in doing that is through compliance checks; another one is being planned at this time. There is currently a proposal from the State of Colorado Liquor Enforcement Division personnel to participate in the compliance checks as long as the cases are written into the State's courts. After some discussion about the pros and cons of such an offer, the Liquor Board preferred that the cases be processed before the Avon Local Liquor Authority. The Liquor Board preferred to have more direct control in the outcome of the cases rather than sending these situations over to the State. The advantage according to Chief Layman was that there would be more personnel available to help conduct the compliance checks. Consent Agenda There were no items on the consent agenda. There being no further business to come before the Board, the meeting adjourned at 6:25 PM. RESPECTFULLY SUBMITTED: Patty McKenny Recording Secretary for the Local Liquor Licensing Authority APPROVED: Debbie Buckley Kristi Ferraro Mac McDevitt Amy Phillips Brian Sipes Tamra Underwood Ron Wolfe Local Liquor Licensing Authority Page 4 of 4 March 8, 2005