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TC Ord. No. 1979-22r a ORDINANCE NO. 22 SERIES OF 1979 AN ORDINANCE PERTAINING TO THE LICENSING AND REGULATION OF BUSINESSES SELLING ALCOHOLIC BEVERAGES; CREATING A LOCAL LIQUOR LICENSING AUTHORITY; ADOPTING THE COLORADO LIQUOR CODE; SETTING OUT CERTAIN DUTIES OF THE TOWN ATTORNEY, THE TOWN CLERK AND THE POLICE CHIEF IN RELATION THERETO; SETTING FORTH CERTAIN PROCEDURES TO BE FOLLOWED IN MEETINGS AND HEARINGS HELD BY THE LOCAL LIQUOR LICENSING AUTHORITY; SETTING FORTH REQUIREMENTS TO BE FOLLOWED BY LICENSE APPLICANTS AND FACTORS TO BE CONSIDERED BY THE AUTHORITY IN PASSING ON APPLICATIONS; ESTABLISHING PROCEDURES FOR RENEWALS AND TRANSFERS OF EXISTING LICENSES; AND SETTING OUT THE POWER OF THE LOCAL LICENSING AUTHORITY TO SUSPEND OR REVOKE LICENSES ISSUED HEREUNDER AND PROVIDING FOR ADDITIONAL DETAILS IN RELATION THERETO. NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: -1- Section 1. Purpose - Authority - Adoption. Pursuant to the Authority of Articles 47 and 48 of Title 12, Colorado Revised Statutes, 1973, as amended, which are hereby specifically adopted by the Town of Avon, this ordinance is enacted for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the Town by regulating, control- ling and licensing the sale of malt, vinous and spirituous liquors. Section 2. Local Licensing Authority - Es- tablishment - Membership - Compen- sation - Town Clerk to Act as Secretary - Meetings - Duties of Town Attorney - Duties of Police Chief - Proceedings to be Recorded. (A) There is hereby created and estab- lished a Local Liquor Licensing Authority for the Town of Avon, which shall have and is vested with the authority to grant or refuse licenses for the retail sale of malt, vinous and spiri- tuous liquors, as provided by law, conduct investigations in connection therewith, and to suspend or revoke such licenses for cause in the manner provided by law. The Local Liquor Li- censing Authority shall have all the powers and authority granted by Title 12, Articles 47 and 48, Colorado Revised Statutes, 1973, as amended, and by the terms and provisions of this ordinance. (B) Until such time as the Town Council may determine otherwise by ordinance, the mem- bership of the Local Liquor Licensing Authority -2- 0 0 shall be composed of each and every member of the Avon Town Council. (C) At the next meeting of the Local Liquor Licensing Authority following the final passage of this ordinance, a Chairperson and Vice-Chairperson shall be elected by those mem- bers present at that time from among the entire membership of the Authority. The Chairperson shall preside at meetings, rule on questions pertaining to procedure and admissibility of evidence and perform such other duties as may be necessary. The Vice-Chairperson shall assume the duties of the Chairperson when the Chair- person is absent or incapacitated. A quorum shall consist of four members, and a decision of a majority of the members present at any meeting shall control. The Chairperson or Acting Chair- person shall have full voting rights the same as any other member. (D) The Town Clerk shall be the secretary of the Local Liquor Licensing Authority and shall be responsible for correspondence, minutes of meetings, preparation of the agenda, prepara- tion, posting and publication of required notices and rendering of assistance to applicants. She shall also coordinate the background, charac- ter and other investigations made pursuant to the statutory authority and perform such other tasks as may be appropriate in support of the Local Liquor Licensing Authority. The Police Chief, Town Attorney and other Town department heads and employees shall assist the Town Clerk in the performance of these duties, as the Town Clerk may request. -3- 0 0 (E) The meetings of the Local Liquor Licensing Authority shall be held on the fourth Tuesday of each month in the Town Council Cham- bers. Generally, such meetings shall be conducted prior to the regular Town Council meeting, but the Local Liquor Licensing Authority meeting may be held after the regular Town Council meet- ing, at the discretion of the Mayor, who shall determine which meeting shall be held first and notify the Town Clerk in time for the prepara- tion of the agendas for both meetings. Additionally, meetings may be held at other reasonable times and places, at the discretion of the Chairperson of the Local Liquor Licensing Authority. (F) The Town Attorney shall act as legal advisor on all business which comes before the Local Liquor Licensing Authority. He shall advise the Chairperson, when requested, concerning both procedural and substantive matters, including the admissibility of offered testimony and other evidence. He shall also act as the legal repre- sentative of the Town and as an advocate and adversary in certain matters, such as any sus- pension or revocation hearing, where that role is approp'r'iate. Additionally, the Town Attor- ney shall assist the Town Clerk in advising license applicants and in other appropriate matters. The Avon Police Department shall also assist in the investigation of background, character and other determinations to be made concerning prospective licenses. The Police Chief shall see to it that license applicants' fingerprints -4- 0 • are taken and submitted to appropriate agencies and shall be prepared to report to the Local Liquor Licensing Authority concerning investi- gations undertaken by his department and also in regard to information received from other law enforcement agencies. The Police Chief shall forward to the Town Clerk copies of incident reports prepared by members of his department if information contained therein relates or is in any way pertinent to the granting, renewal, suspension, revocation or transfer of a liquor license. (G) Members of the Local Liquor Licensing Authority shall be compensated in the sum of $25.00 for each meeting attended, except that no member shall receive more than $50.00 in compensation for his services rendered during any one month. (H) The proceedings of all meetings of the Local Liquor Licensing Authority shall be electronically recorded in such a way that a complete verbatim transcript can be prepared from the recording. No Town employee shall be specifically responsible for the prepara- tion of such a transcript. It is anticipated that such work may be contracted out, the cost to be paid by the party requesting the tran- script. Section 2. Hearings - Procedure - Burden of Proof. All hearings of the Local Licensing Auth- ority shall be held in such a manner as to assure that all interested parties have a fair -5- i ~ and reasonable opportunity to be heard. The Local Licensing Authority shall hear relevant testimony from any party in interest and shall receive such exhibits as may be offered, limited only by the discretion of the Chairperson to limit or restrict any testimony which is repe- titious of testimony previously received or cumulative in nature. The rules of evidence, including the rules concerning the admissibility of evidence, shall be relaxed as necessary by the Chairperson in order to establish, without undue formality or unnecessary restriction, the facts or the opinions and desires of those persons appearing before the Local Licensing Authority. The burden of proof in an application for a new license or for the transfer of an existing license shall be upon the applicant. The burden of proof in any proceeding to revoke or suspend a license shall be upon the Town or the party seek- ing revocation or suspension. In a renewal hear- ing there shall be no presumption or burden of proof unless and until such time as some unfavor- able testimony or exhibit is received, at which point the burden shall become that of the licensee to demonstrate by a preponderance of the evi- dence that the license should be renewed. Meetings and hearings of the Local Licensing Authority may be adjourned or continued to such other times as may be suitable and reasonably convenient for the parties involved. -6- E C~ Section 3. Applications - Submission - Requirements - Grounds for Rejection. (A) All applications for new licenses and transfers of existing licenses for the sale of malt, vinous and spirituous liquors at retail shall be submitted to and filed with the Town Clerk, who shall officially accept no application that is not complete in every detail. A reason- able amount of time shall be allowed to determine the completeness of any such application and if any application is determined to be incom- plete, the Town Clerk shall notify the applicant of this fact, and the application shall be returned for completion or correction. (B) No application shall be deemed com- plete unless accompanied by the following: (1) An oath or affirmation that all information submitted has been given fully, accurately, truthfully and without conceal- ment of any material fact or facts; (2) All forms required by the state licensing authority, complete in every detail; (3) Payment in full of the Town and state license fees and an additional three hundred fifty dollar fee for the actual and necessary expenses of processing the appli- cation, conducting an investigation, con- ducting a public hearing, and for publishing and posting the required notice of such hearing; (4) If the applicant is a partner- ship, a certificate of copartnership, except as between husband and wife; -7- • • (5) If the applicant is a corpora- tion, a copy of its articles of incorpora- tion and in addition the names and addresses of all persons holding stock, and if a for- eign corporation, evidence of its qualifi- cation to do business in this State; (6) Three character reference letters for any manager of the proposed establish- ment; (7) Copies of any contract or agree- ment which confers a power or authority upon any party to manage, operate or super- vise the affairs of the proposed establish- ment and the acts of its servants, whether such a contract or agreement is presently in effect or whether it is intended to become effective following issuance of a license; (8) Information concerning the finan- cial and management interests of persons connected with the business and copies of documents governing the terms and conditions of ownership, management and right to the posssession of the premises proposed to be licensed; (9) An affidavit stating that the outlet is not located within five hundred feet of any public or parochial school or the principal campus of any college, uni- versity or seminary, as computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which -8- n u u the liquor is to be sold, using a route of direct pedestrian access; (10) A statement that the following persons have presented themselves to the Avon Police Department for fingerprinting and the taking of whatever other informa- tion may be required by that Department: (a) If the applicant is a natural person, that person; (b) If the applicant is a part- nership, all of the partners; (c) If the applicant is a cor- poration, both the officers and directors, together with any person owning more than ten percent of the stock thereof; (d) Irrespective of the identity of the applicant, the manager of the proposed establishment. (11) Any other information, document or form which the authority deems necessary to carry out its duties as set forth in Title 12, Articles 47 and 48 of the Colorado Revised Statutes 1973, as amended, and all applicable regulations. The Avon Police Department shall make background investigations of the above named individuals in an effort to determine whether or not anything exists which is or should be considered in the decision to grant or deny the license applied for. For this purpose such individuals shall provide all information necessary for the investigation. If a partner or officer, director or stockholder of a corporation -9- • lives so far from Avon that travel to Avon for the purpose of giving fingerprints and information would impose undue expense or inconvenience, the Chief of Police shall have the discretion to make other arrange- ments in order to obtain the necessary fingerprints and information. The Police Department shall also be responsible for verification of the letters of reference. All departments, employees and officials of the Town of Avon shall cooperate with the Police Department as needed in this investigation. Section 4. Receipt of Application - Schedule of Hearing - Publication and Posting of Notice - Attendance at Hearing. (A) Upon receipt of the application material referred to in Section 3 above, the Town Clerk shall place the license application on the agenda for the next meeting of the Local Liquor Licensing Authority to be held no sooner than 30 days from the receipt of the application material. (B) Following the receipt of the applica- tion material, complete and correct in every detail, the Town Clerk shall, in accordance with the provisions of C.R.S. 1973, 12-47-136, as amended, publish and post the required notices. (C) The following persons shall be in attendance at the meeting of the Local Liquor Licensing Authority at which the application is considered: -10- (1) If the applicant is an individual, that individual; or (2) If the applicant is a partnership, any partner; or (3) If the applicant is a corporation, any officer of the corporation; or (4) Counsel for the applicant. It is also recommended that the manager of the proposed establishment be in attendance at this hearing, and if a manager has been selected or retained, the Authority may require his atten- dance. The Authority may also require the atten- dance of such other person or persons as it deems necessary or desirable, and may, within its discretion waive attendance by any one or more of the designated persons. Section 5. Public Hearing - oaths - Subpoena Power - Contempt. (A) The meetings and public hearings held by the Local Liquor Licensing Authority shall be conducted in accordance with the pro- visions of this Ordinance, all of the applicable Colorado statutes and as the Authority itself may determine. (B) The Local Liquor Licensing Authority shall have the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books and records necessary to the determination of any hearing which the Licensing Authority is authorized to conduct. The Chairperson or Acting Chairperson shall have the authority to administer such oaths and to sign such subpoenas, when such acts are -11- • • performed in connection with the business of the Local Liquor Licensing Authority. It shall be unlawful for any person so ordered to fail to comply with any subpoena issued by the Authority under the provisions of this Ordinance. The Municipal Court of the Town of Avon shall enforce the subpoenas issued by the Local Liquor Licensing Authority, and upon good cause shown shall enter its orders compelling witnesses to attend and testify or produce books, records or other tangible or documentary evidence, and is hereby authorized to impose penalties for con- tempt in the case of a failure to comply with the directives of such subpoenas and other orders to testify. (C) Subpoenas issued under the authority of this Ordinance shall be served in the manner provided by the Rules of Civil Procedure For Courts of Record in Colorado. Upon the refusal or failure of any witness to comply with such subpoena, the Town Attorney shall, at the request of the Local Liquor Licensing Authority: (1) Petition any Judge of the Municipal Court of Avon, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, that the court after hearing evidence in support of or contrary to the petition, enter its order compelling the witness to attend and testify or produce books, records or other evidence, under pen- alty of punishment for contempt in case of willful failure to comply with such order of court; or -12- (2) Petition the District Court in and for the County of Eagle, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, that the Court after hearing evidence in support of or contrary to the petition, enter its order as in other civil actions, compelling the witness to attend and testify or produce books, records or other evidence, under penalty of punishment for contempt in case of willful failure to comply with such order of Court. Section 6. New Applications - Factors to Consider - Continuation of Hearing - Written Notice to Applicant. (A) The Local Liquor Licensing Authority shall render a decision on applications for a new license within 30 days after the date of the actual conclusion of the hearing, which hearing may be continued from time to time as may be required to gather necessary facts and evidence and to permit testimony. (B) In reaching its decision, the Local Liquor Licensing Authority shall consider all material in evidence including the reasonable requirements of the neighborhood and the desires of the inhabitants of the neighborhood, the number, character and hours of other outlets located in or near the neighborhood and all other factors pertinent to the location, as well as any other matters concerning the qualifications of the applicant to conduct the type of business -13- 0 • proposed. If the application presented involved a second or additional Hotel and Restaurant License for that applicant, the Local Licensing Authority shall consider the effect on competition which the approval or denial of that application will have, and, if it is the determination of the Local Liquor Licensing Authority that approval of the application would have the effect of restraining competition, then the application shall not be approved. (C) Following the decision of the Local Liquor Licensing Authority the Town Clerk shall send a copy of the decision in writing, stating the findings, decision and reasons of the Auth- ority, to the applicant at the address given on the application. Section 7. Renewals - Timeliness - Procedure Upon Submission - Factors to be Considered by Authority - Notice to Licensee. (A) All renewal applications for malt, vinous and spirituous liquor licenses shall be submitted on the prescribed forms no later than 45 days prior to the date on which the license expires, except that the Local Liquor Licensing Authority may, for good cause shown, waive this time requirement. The proper fees-and.such additional material as the Local Liquor Licensing Authority may deem necessary shall accompany the renewal application. This material shall be submitted to and filed with the Town Clerk, who shall officially accept no application that is not complete in every detail. Any application determined to be incomplete by the Town Clerk -14- 0 0 shall be returned to the applicant for completion or correction without any additional action on the part of the Town Clerk or the Local Liquor Licensing Authority. Should any application for renewal be received less than 45 days prior to the date on which the license expires, it shall be deemed a late application, but, as indicated above, this time requirement may be waived. Neither the Town Clerk nor the Local Liquor Licensing Authority shall in any way be responsible for the failure of a license to issue by the expiration date. Further, nothing in this Ordi- nance shall serve as authority for any sale at retail of alcoholic beverages wihout a license obtained pursuant to this Ordinance and the pro- visions of Title 12, Article 47, Colorado Revised Statutes, 1973, as amended. (B) Upon receiving a completed renewal application, the Town Clerk shall forward the entire file of the applicant, including the renewal application to the Local Liquor Licensing Authority for consideration. (C) At its next meeting following receipt of the completed renewal application, the Local Liquor Licensing Authority shall consider the renewal request and application. Unless evi- dence to the contrary is presented to the Local Liquor Licensing Authority, the presumption will be that the premises for which renewal is sought do comply with the provisions of the Colorado Liquor Code, that the character of the renewal applicant is acceptable, and that the renewal of the license, if granted, will meet the reason- able requirements of the neighborhood and the -15- desires of the inhabitants thereof. In such a case the Local Liquor Licensing Authority shall approve the renewal application and forward such application and the required fees to the state licensing authority no later than fifteen days prior to the expiration date of the application. (D) If, prior to the meeting at which renewal is to be considered, there is any evi- dence that any of the presumptions contained in subsection (C) above do not apply, whether such evidence is called to her attention by the Police Chief, Town Attorney, a citizen or by someone else, the Town Clerk shall attempt to notify the applicant for renewal of the nature of such evidence. If any such evidence is pre- sented at the renewal hearing, the applicant may request a continuation of the hearing in order to respond. The granting of such a con- tinuation shall be discretionary with the Chair- person of the Local Liquor Licensing Authority. Section 8. Changes in Location, Ownership or Manager. (A) To achieve a change in the location of a licensed outlet the applicant shall submit all forms and material required by the State Liquor Enforcement Division, a fee to the Town of one hundred fifty dollars for actual and necessary expenses incurred in connection with processing the application, and any additional materials as reasonably required by the Town Attorney, Town Clerk or Police Chief, as well as any information, testimony or documents re- quired by the Local Liquor Licensing Authority. -16- 0 • (B) Similarly, to achieve a change in the ownership of a licensed outlet; the appli- cant shall complete and submit all forms and material required by the State Liquor Enforcement Division, a fee to the Town of one hundred fifty dollars for actual and necessary expenses incurred in connection with processing the appli- cation, 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 five percent 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 days prior to such transfer. (C) When the licensee desires to change the manager of his establishment, or in the case of multiple managers, to add another manager, the prospective manager must present himself to the Avon Police Chief for the taking of finger- prints 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. -17- r~ u Section 9. Suspension and Revocation - Summary Suspension - Written Complaints. (A) The Local Licensing Authority has the power and authority upon its own motion or upon complaint to: (1) Summarily suspend any license for a period of fifteen days, pursuant to C.R.S. 1973, 12-47-110, as amended, and (2) Upon notice to the licensee, and following a public hearing at which all parties in interest shall have an opportunity to be heard, suspend any license for a period not to exceed six months or to revoke such license. Hearings conducted in connection with such procedures shall be held in accordance with the provisions of this ordinance. (B) The Town Clerk, as secretary to the Local Liquor Licensing Authority shall receive written complaints concerning establishments licensed pursuant to the terms of this Ordinance. Such complaints shall be placed in the file pertaining to that licensee and presented to the Local Liquor Licensing Authority as the serious- ness and urgency of the matter complained of demands. Section 10. Special Events Permits - Procedure. Pursuant to the terms and conditions of C.R.S. 1973, 12-47-120.5, as amended, the Local Liquor Licensing Authority may grant licenses to nonprofit arts organizations. -18- • Section 11. Potential Conflict - State Statute to Control. The Avon Town Council hereby declares that it is its intention to promulgate and establish certain rules and regulations and procedures for the licensing of establishments which sell alcoholic beverages and that in so doing it is also the intention of the Town Council to conform to all of the appli- cable Statutes as well as the Rules and Regula- tions of the State Liquor Enforcement Division. To the extent that anything in this ordinance is found to be in conflict with any relevant statute or with any of the applicable Rules and Regulations, the conflicting provisions of the ordinance shall be set aside. Section 12. Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. INTRODUCED, PASSED, MEAD ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, THIS 12 LAY OFC~r1J , 1979, AND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD AT THE MEETING OF THE TOWN COUN F TOWN OF AVON, COLORADO, ON THE o? DAY OF , 1979, AT 7:30 P.M. IN THE MUNICIPAL OFFICES OF THE TOWN. ATTEST: Town Clerk -19- P-.~ 0 INTRODUCED,_PASSED, READ ON SECOND READING, APPROVED AND ORDERED PUBLISHED THIS DAY OF )qo1" Uj , 1979. i Vl~. r ATTEST: Town Clerk -20- 4 0 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN OF A public hearing before the Town Council of the Town of Avon, Colorado, at 7:30 P.M. on the 23rd day of October, 1979 at the Town Hall for the purpose of considering the adoption of ORDINANCE NO. 22, Series of 1979: AN ORDINANCE PERTAINING TO THE LICENSING AND REGULATION OF BUSINESSES SELLING ALCOHOLIC BEVERAGES; CREATING A LOCAL LIQUOR LICENSING AUTH- ORITY; ADOPTING THE COLORADO LIQUOR CODE; SETTING OUT CERTAIN DUTIES OF THE TOWN ATTORNEY, THE TOWN CLERK AND THE POLICE CHIEF IN RELATION THERETO; SETTING FORTH CERTAIN PROCEDURES TO BE FOLLOWED IN MEETINGS AND HEARINGS HELD BY THE LOCAL LIQUOR LICENSING AUTHORITY; SETTING FORTH REQUIREMENTS TO BE FOLLOWED BY LICENSE APPLICANTS AND FACTORS TO BE CONSIDERED BY THE AUTHORITY IN PASSING ON APPLICATIONS; ESTABLISHING PROCEDURES FOR RENEWALS AND TRANSFERS OF EXISTING LICENSES; AND SETTING OUT THE POWER OF THE LOCAL LICENSING AUTHORITY TO SUSPEND OR REVOKE LICENSES ISSUED HEREUNDER AND PROVIDING FOR ADDITIONAL DETAILS IN RELATION THERETO. A copy of said Ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice given and published by order of the Town Council of the Town of Avon, Colorado. Dated this TOWN OF AVON, COLORADO By: Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON October 16, 1979. THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, (AVON POST OFFICE) THE MAIN ENTRANCE OF EAGLE VALLEY BOWL THE PESTER GAS STATION; AND THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER