LA Res. No. 13-02 Nozawa Violation and Sanctions OrderPROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO
ACTING AS THE LOCAL LICENSING AUTHORITY
COUNTY OF EAGLE AND STATE OF COLORADO
RESOLUTION NO. 13-02
SERIES OF 2013
IN THE MATTER OF THE HOTEL AND RESTAURANT LIQUOR LICENSE FOR Y & Z, INC. D /B /A NOZAWA SUSHI & KITCHEN FOR THE
LICENSED PREMISES LOCATED AT 240 CHAPEL PLACE, AVON, COLORADO
A RESOLUTION MAKING THE DETERMINATION THAT Y &Z INC. D /B /A NOZAWA SUSHI & KITCHEN HAS
VIOLATED A LAW, RULE OR REGULATION WITH RESPECT TO THE OPERATION OF ITS LICENSED PREMISES;
AND ORDERING A SUSPENSION
WHEREAS, the Town Council of the Town of Avon, acting as the local licensing authority ( "Liquor Licensing
Authority "), has received a complaint from the Avon Police Department alleging that there was a violation of
C.R.S §12- 47- 901(5)(c), concerning the sale of fermented malt beverage to a person under the age of 21 years
and Avon Municipal Code §9.12.070, sale of alcohol to minors;
WHEREAS, Licensee appeared by Yong Hu Yuon, owner and Jennifer Brosch, Manager, admitted the violation;
WHEREAS, the Licensee and the Town Attorney have entered into a STIPULATED FINDING OF FACT,
CONCLUSIONS AND SANCTIONS ORDER ( "Stipulation ") attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, ACTING
AS THE LOCAL LIQUOR LICENSING AUTHORITY, AS FOLLOWS:
Section 1. The Avon Liquor Authority hereby accepts and adopts the Stipulation and finds and determines the
following: The Licensee, Nozawa Sushi & Kitchen, admits a violation of §12- 47- 901(5)(c), C.R.S., concerning the
sale of fermented malt beverage to a person under the age of 21 and §9.12.070, sale of alcohol to minors, Avon
Municipal Code; and stipulates that the facts alleged in the Show Cause Order did occur on September 20, 2013
as they pertain to the sale of alcohol to a minor. The undersigned agree to the factual basis as outlined in the
Stipulation.
Section 2. The Avon Local Liquor Licensing Authority imposes a penalty as set forth in the Stipulation
Section 3. This Resolution shall be effective immediately upon adoption.
RESOLUTION APPROVED AND ADOPTED THIS 1oTH DAY OF DECEMBER 2013.
TOWN OF AVON LIQUOR LICENSING AUTHORITY
By
Rich`Carroll, Chair an
MIUM. IN-11111 1131
In the Matter of the Hotel and
Restaurant Liquor License of
Y&Z, Inc. d/b/a Nozawa Sushi & Kitchen, 240 Chapel Place, BC 115,
Avon, Colorado
This matter comes before the Town of Avon Local Liquor Licensing Authority ("Liquor
Authority") upon the Authority's Notice of Hearing and Order to Show Cause, dated October
25, 2011, copies of which were mailed to the representative-of-record for Y&Z, Inc.
( "Licensee ") by certified mail, return receipt requested.
Section 12-47-601, C.R.S. and I G.C.R. 203-2, Regulation 47-600 empower the Liquor
Authority to conduct a hearing whenever a written complaint is made charging a licensee or its
agents, servants or employees, of a violation of any laws or rules or regulations adopted by the
State Licensing Authority. After investigation and public hearing, at which the licensee shall be
afforded an opportunity to be heard, if a finding is made that a violation has occurred, the Liquor
Authority is authorized to consider whether to suspend or revoke a liquor or beer license.
On November 12, 2013 the Liquor Authority set this matter for a preliminary hearing and a show
cause hearing to be held on December 10, 2013. At the preliminary hearing,, the following
persons were present:
For the Town of Avon: Eric Heil, Town Attorney
For the Licensee: Jennifer Brosch, Manager
1. The Licensee operates that business generally known as Nozawa Sushi & Kichen
within the Town of Avon, Colorado and sells alcoholic beverages at such business pursuant to
Town of Avon and State of Colorado liquor licenses.
2. Factual basis: The Licensee admits a violation of C.R.S. §12-47-901(5)(c),
concerning the sale of fermented malt beverage to a person under the age of 21 years and Avon
Municipal Code §9.12.070, sale of alcohol to minors, and stipulates that the underlying facts as
alleged in the Notice of Hearing and Order to Show Cause occurred as it pertains to the sale of
alcohol to a minor on August 26, 2011. The undersigned agree to the following factual basis
the Stipulation:
On September 20, 2013 at approximately 7:25 p.m. during a "compliance checle' a minor
acting as a confidential informant was served a. The minor purchased the beer from a waitress,
later identified as Watcharee M. Webb, who was issued a summons for selling alcohol to a minor.
3. Pursuant to C.R.S. §12- 47- 901(5)(c), it is illegal to sell fermented malt beverages
to a person under the age of 21 years.
4. Pursuant to Avon Municipal Code §9.12.070 it is unlawful to sell fermented malt
beverages to any person under the age of 21.
5. This is the second violation of the Licensee with a one year time.
Relying upon the stipulations as set forth above, the Liquor Authority orders as follows:
1. The Parties agree that the liquor license for Licensee shall he suspended for
twelve (12) days with five (5) days to be paid as a fine in lieu of actual days, of suspension and
seven (7) days to be held in abeyance for one (1) year until December 9, 2014, with the condition
that no additional violations of state or local liquor regulations occur on or prior to December 9,
2014. If any additional violations of state or local liquor regulations occur on or prior to
December 9, 2014, then the seven (7) days of suspension held in abeyance shall be immediately
imposed upon a finding of the Liquor Authority that such violation occurred.
2. The Licensee and the Liquor Authority agree that the calculation of the fine in lieu
of five (5) days of suspension is the equivalent of 20% of the Licensee's gross revenues from
sale of alcoholic beverages during the period of the proposed suspension, and that such fine
amount is THREE HUNDRED FIFTY DOLLARS ($350.00). The Licensee will remit cash,
certified check or cashier's check to the Liquor License Administrator for $350.00, no later than
December 14, 2013. If payment is not received by December 14, 2013 then the five (5)
suspension shall be immediately imposed.
3. Licensee shall timely comply with all of the obligations as set forth in this
Stipulation as well as any future dates or obligations as required by the Town concerning
documentation regarding the payment of any fine.
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This Order shall not be effective unless it is accepted and approved by the Liquor Authority.
W WITNESS WHERE�OF, I have hereunto set my hand and sea] of my office on
December _LC)__, 2013-
BY-
Liquor Licensing Authority Chair
ATTJE--, T.
BY:
TO .,ERK