TC Ord. No. 1992-20 Amending Chapter 9.12 of the Muni CodeTOWN OF AVON
ORDINANCE NO. 92- 20
COLORADO:
AN ORDINANCE AMENDING CHAPTER 9.12 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO
OFFENSES AGAINST PUBLIC DECENCY; AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
Section 1. Amendment. Sub-Section 9.12.30 I. of Chapter
9.12 of Title 9 of the Municipal Code of the Town of Avon is
amended to read as follows:
I. No licensee, manager or agent shall sell, serve, or
distribute any malt, vinous, or spirituous liquors at any time
other than the following:
1. For consumption on the premises, on any Monday
through Saturday and on any Sunday which falls on a December
31, beginning each day at twelve midnight until two a.m. and
from seven a.m. until twelve midnight;
2. For consumption on the premises, on any Sunday
other than any Sunday which falls on a December 31, and on
Christmas, beginning at twelve midnight until two a.m. and
from eight a.m. until eight p.m.;
3. Notwithstanding sub-subparagraph (A) and (B) of
the Subparagraph (I), for consumption on the premises, on the
day following Christmas, beginning at seven a.m. until twelve
midnight;
4. In sealed containers, on Monday through
Saturday, beginning at eight a.m. until twelve midnight each
day, but no alcoholic beverage shall be sold, served, or
distributed in a sealed container on any such weekday which is
also Christmas.
Notwithstanding any of the provisions of this subsection,
a hotel and restaurant licensee, beer and wine licensee,
tavern licensee, club licensee, or arts licensee may obtain,
for an additional fee, from the local licensing authority, a
special license to sell, serve or distribute malt, vinous and
spirituous liquors by the drink after the hour of eight p.m.
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and until twelve midnight, on any Sunday other than a Sunday
which falls on a December 31, and Christmas.
Section 2. Severability. If any part, section, sentence,
clause or phrase of this Ordinance is for any reason held to be
invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance; and the Town Council for the
Town of Avon hereby declares it would have passed this Ordinance
and each part, section, sub-section, sentence, clause or phrase
thereof, irrespective of the fact that any one or more parts,
sections, sub-sections, sentences, clauses or phrases be declared
invalid.
Section 3. Penalty.
A. It is unlawful for any person to violate any provision
of, or to fail to comply with any of the requirements of, this
Ordinance. Any person who violates any provisions of this
Ordinance shall be punished by a fine of not more than five hundred
dollars or by imprisonment for a period of not more than ninety
days or by both such fine and imprisonment; provided, no person
under the age of eighteen years shall be punished by imprisonment.
B. Any such person shall be guilty of a separate offense for
each and every day during any portion of which a violation or any
provision of this title is committed, continued or permitted by
such person and shall be punished accordingly.
C. In addition to the penalty provided in this section, any
condition caused or permitted to exist in violation of any of the
provisions of this title shall be deemed a public nuisance, and may
be summarily abated by the town as such, and each day that such
condition continues shall be regarded as a new and separate
offense.
Section 4. Repeal. The repeal or the repeal and
re-enactment of any provision of the Code of the Town of Avon,
Colorado as provided in this ordinance shall not affect any right
which has accrued, any duty imposed, any violation that occurred
prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of
the provision repealed or repealed and re-enacted. The repeal of
any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated
herein.
Section 5. Health, Safety and Welfare. The Town Council
hereby finds, determines and declares that this ordinance is
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necessary and proper for the health, safety, and welfare of the
Town of Avon and the inhabitants thereof.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
this 24th day of November , 1992 and a public hearing on this
ordinance shall be held at the regular meeting of the Town Council
of the Town of Avon, Colorado on the 8thday of December , 1992
at 7:30 P.M. in the Municipal Building of the Town of Avon,
Coloradc. A
Mayor
Attest:
Town Cle
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED
this 8th day of December , 1992 .
APPROVED AS TO FORM:
TowT Attorney
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STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
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
8TH DAY OF DECEMBER, 1992, AT THE TOWN HALL FOR THE PURPOSE
OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 92-20, SERIES OF
1992:
AN ORDINANCE AMENDING CHAPTER 9.12 OF THE MUNICIPAL CODE OF
THE TOWN OF AVON RELATING TO OFFENSES AGAINST PUBLIC DECENCY;
AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF
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 is given and posted by order of the Town Council
of the Town of Avon, Colorado.
Dated this 25th day of November, 1992.
TOWN OF AVON, COLORADO
BY: Patty N yhar
Town Cle k
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON NOVEMBER 25, 1992:
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY