LA Packet 05-25-2010TOWN OF AVON, COLORADO t
AVON LIQUOR BOARD MEETING FOR TUESDAY, MAY 25, 2010
MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
PRESIDING OFFICIALS
CHAIRMAN RON WOLFE
VICE CHAIRMAN BRIAN SIPES
BOARD MEMBERS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO
AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR.
TOWN STAFF
TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY
ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS
COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS
PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW."ON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS
AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY
1. CALL TO ORDER/ ROLL CALL
2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA
3. SHOW CAUSE HEARINGS ON ESTABLISHMENT VIOLATIONS
a. Finnegan's Wake Irish Pub LLC d /b /a Finnegan's Wake Irish Pub (Eric Heil, Town Attorney)
1. Colorado Liquor Enforcement Division Administrative Warning
Address: 82 E Beaver Creek Blvd. #1 B
Manager: Maggie Parker
Date Reported:
b. Saltwater Cowboy LLC d /b /a Saltwater Cowboy — Continued from May 11, 2010
(Seth Murphy, Richmond, Sprouse, & Murphy, LLC Attorneys at Law)
1. Avon Police Incident Report Case No. 2010 - 000192
Address: 48 E. Beaver Creek Blvd.
Manager: Stephen Bullock
Date Reported: March 21, 2010
2. Avon Police Incident Report Case No. 2010 - 000206
Address: 48 E. Beaver Creek Blvd.
Manager: Stephen Bullock
Date Reported: March 27, 2010
c. Wal -Mart Stores, Inc d /b /a Wal -Mart Supercenter#1199
(Seth Murphy, Richmond, Sprouse, & Murphy, LLC Attorneys at Law)
1. Avon Police Incident Report Case No. 2010 - 000238
Address: 171 Yoder Avenue
Manager: Matthew Mower
Date Reported: April 9, 2Q10
4. PUBLIC HEARING ON
a. Applicant Name:
Event Name:
Event Date:
Event Manager:
Event Location:
SPECIAL EVENT PERMITS
Team Evergreen Bicycle Club, Inc.
2010 Triple Bypass
July 10, 2010; 11 AM until 9 PM
Jenny Anderson
Harry A. Nottingham Park, Lower Field
Avon Council Meeting. 10.05.25.doc
Page 2 of 5
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TOWN OF AVON, COLORADO AVON
AVON LIQUOR BOARD MEETING FOR TUESDAY, MAY 25, 2010
MEETING BEGINS AT 5:00 PM
AVON TOWN HALL, ONE LAKE STREET
4. PUBLIC HEARING ON
b. Applicant Name:
Event Name:
Event Date:
Event Manager:
Event Location:
SPECIAL EVENT PERMITS - CONTINUED
Eagle Valley Humane Society
2010 Salute to U.S.A.
July 03, 2010; 4 PM until 11 PM
Char Quinn
Harry A. Nottingham Park, Lower Field
5. RENEWAL OF LIQUOR LICENSES
a. Applicant: Wal -Mart Stores, Inc d /b /a Wal -Mart Supercenter#1199
Address: 171 Yoder Avenue
Manager: Matthew Mower
Type: 3.2% Beer License (Off Premises)
b. Applicant: Benchmark Liquors, Inc d /b /a Beaver Liquors
Address: 110 E. Beaver Creek Blvd.
Manager: David Courtney
Type: Retail Liquor Store
6. CONSENT AGENDA
a. Minutes from May 11, 2010
b. Resolution No. 10 -05, Series of 2010, Resolution Village Warehouse Wines
7. ADJOURN AT 5:30 PM
Avon Council Meeting. 1 0.05.25.doc
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TOWN OF AVON, COLORADO
MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING
HELD MAY 25, 2010
The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of Avon,
Colorado convened at 5:10 PM at the Avon Town Hall, One Lake Street, Avon, Colorado. A roll
call was taken and Board members of the Authority present were Ron Wolfe as Chairperson,
and Board members Dave Dantas, Rich Carroll, Kristi Ferraro, Amy Phillips, Buz Reynolds and
Brian Sipes.
SHOW CAUSE HEARINGS ON ESTABLISHMENT VIOLATIONS
a. Finnegan's Wake Irish Pub LLC d /b /a Finnegan's Wake Irish Pub (Eric Heil, Town
Attorney)
1. Colorado Liquor Enforcement Division Administrative Warning
Address: 82 E Beaver Creek Blvd. #1 B
Manager: Maggie Parker
Date Reported:
Eric Heil, Town Attorney, presented this matter to the Liquor Licensing Authority noting that a
stipulation was agreed upon with owner Maggie Parker, Finnegan's Wake. The agreement was
to modify the existing stipulation to extend the period of the stipulation for an additional six
months. He noted that the terms of the modification acknowledge the Notice of Liquor Law
Violation dated April 7, 2010, based upon the alleged removal of alcohol from the premises by a
patron on March 19, 2010; stipulates that the Town of Avon will not pursue sanctions or
penalties for the alleged violation, and extends the original 12 month period of probation to 18
months, expiring on September 24, 2010. If a violation occurs before September 25, 2010, then
the deferred 5 day suspension would be served and the Authority could conser additional
suspensions based on the new violation. Board member Ferraro moved to approve the
"Modification to Stipulated Findings of Fact, Conclusions and Sanctions Order"; Board member
Phillips seconded the motion and it passed unanimously.
b. Saltwater Cowboy LLC d /b /a Saltwater Cowboy — Continued from May 11, 2010
(Seth Murphy, Richmond, Sprouse, & Murphy, LLC Attorneys at Law)
1. Avon Police Incident Report Case No. 2010 - 000192
Address: 48 E. Beaver Creek Blvd.
Manager: Stephen Bullock
Date Reported: March 21, 2010
2. Avon Police Incident Report Case No. 2010 - 000206
Address: 48 E. Beaver Creek Blvd.
Manager: Stephen Bullock
Date Reported: March 27, 2010
Seth Murphy, attorney representing the Avon Police Department, reviewed the two violations
that occurred at Saltwater Cowboy. He noted that a stipulation was agreed upon, which
dismissed the second violation which would have likely been more difficult to prove. He
reviewed the details of the stipulation noting that TIPs training would be required for all
employees; a 10 business day suspension would be imposed; the licensee could request that 5
days be paid with a fine in lieu of suspension, and 5 days would be held in abeyance for one
year from the date of the stipulation, which is May 25, 2011. The owner would need to inform
the town as to whether or not a request to pay a fine in lieu would be preferred. The stipulation
also outlined that the days would need to be consecutive. Stephen Bullock, licensee, noted that
all employees are now certified with TIPs training; that moving forward there would be a
bouncer located at the entrance /exit, and that security cameras have been installed. Terry
O'Connor, attorney representing Saltwater Cowboy, commented that this was the first violation
for the establishment and that otherwise the restaurant / bar has been incident free. Board
member Ferraro moved to approve the "Stipulated Findings of Fact, Conclusions and Sanctions
Order"for Saltwater Cowboy LLC d /b /a Saltwater Cowboy; Board member Phillips seconded the
motion and it passed unanimously.
c. Wal -Mart Stores, Inc d /b /a Wal -Mart Supercenter#1199
(Seth Murphy, Richmond, Sprouse, & Murphy, LLC Attorneys at Law)
1. Avon Police Incident Report Case No. 2010 - 000238
Address: 171 Yoder Avenue
Manager: Matthew Mower
Date Reported: April 9, 2010
Seth Murphy, attorney representing the Avon Police Department, reviewed the violation that
occurred with a compliance check at the Wal -Mart Supercenter Store; it was noted that the store
has had two other violations in 2004 & 2005. Wal -Mart agreed to a ten day suspension with a
request to pay a fine in lieu of the suspension per the Stipulation included in the Council packet.
Eric Heil, Town Attorney, spoke about the state statutes that regulated the pay in lieu
parameters. In noted that it would be important for the prosecuting attorney to have the ability
to negotiate this piece of the stipulation to determine what is best on a case by case basis.
Some discussion ensued on this topic with some board members preferring that the liquor
licensing authority choose the dates. In light of the fact that the Wal -Mart Store Manager was
not at the meeting, the authority decided to continue the matter; there were several questions to
be asked in light of the violation and the renewal of the liquor license. Board member Sipes
moved to continue the matter of the violation and "Stipulated Findings of Fact, Conclusions and
Sanctions Order" for the Wal -Mart Stores Inc. d /b /a Wal -Mart Supercenter#1199 until June 8,
2010. Board member Dantas seconded the motion and it passed with a four to one vote
(Carroll — nay). Both Mr. Murphy and staff noted the Mr. Mower had been invited to attend the
meeting.
PUBLIC HEARING ON SPECIAL EVENT PERMITS
a. Applicant Name: Team Evergreen Bicycle Club, Inc.
Event Name: 2010 Triple Bypass
Event Date: July 10, 2010; 11 AM until 9 PM
Event Manager: Jenny Anderson
Event Location: Harry A. Nottingham Park, Lower Field
Chairman Wolfe asked if the application was in order; Town Clerk Patty McKenny noted that all
materials were submitted. Jenny Anderson was present to comment on the event and thank the
town for its support over the years of the event. The public hearing was opened, no comments
were made, the hearing was closed. Board member Dantas moved to approve the Special
Events Permit for Team Evergreen Bicycle Club, Inc.; Board member Sipes seconded the
motion and it passed unanimously.
PUBLIC HEARING ON SPECIAL EVENT PERMITS - CONTINUED
b. Applicant Name: Eagle Valley Humane Society
Event Name: 2010 Salute to U.S.A.
Event Date: July 03, 2010; 4 PM until 11 PM
Event Manager: Char Quinn
Event Location: Harry A. Nottingham Park, Lower Field
Chairman Wolfe asked if the application materials were in order; Town Clerk Patty McKenny
noted that all materials were submitted. Char Quinn, event manager, reviewed the event.
Chairman Wolfe opened the public hearing, no comments were made, the hearing was closed.
Board member Phillips moved to approve the Special Events Permit for Eagle Valley Humane
Society; Board member Carroll seconded the motion and it passed unanimously.
ALB 10.05.25.doc
Page 2 of 3
RENEWAL OF LIQUOR LICENSES
a. Applicant: Wal -Mart Stores, Inc d /b /a Wal -Mart Supercenter#1199
Address: 171 Yoder Avenue
Manager: Matthew Mower
Type: 3.2% Beer License (Off Premises)
Board member Phillips moved to continue the renewal of the liquor license for the Wal -Mart
Stores, Inc d /b /a Wal -Mart Supercenter#1199 until the June 8, 2010 meeting; board member
Dantas seconded the motion and it passed with a four to one vote (Carroll — nay).
b. Applicant: Benchmark Liquors, Inc d /b /a Beaver Liquors
Address: 110 E. Beaver Creek Blvd.
Manager: David Courtney
Type: Retail Liquor Store
Chairman Wolfe asked if the application materials were in order; Town Clerk Patty McKenny
noted that all materials were submitted. It was reported that there have been no incidences with
this establishment. Board member Sipes moved to approve the Retail Liquor Store License for:
Benchmark Liquors, Inc d /b /a Beaver Liquors; Board member Phillips seconded the motion and
it passed unanimously.
CONSENT AGENDA
Board member Sipes moved to approve the minutes; Board member Ferraro seconded the
motion and it passed unanimously by those voting (Carroll abstained).
a. Minutes from May 11, 2010
Board member Ferraro moved to approve Resolution No 10 -05; Board member Phillips
seconded the motion and it passed unanimously.
b. Resolution No. 10 -05, Series of 2010, Resolution Village Warehouse Wines
There being no further business to come before the Board, the meeting adjourned at 5:40 PM.
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reynolds
Brian Sipes
Ron Wolfe
ALB 10.05.25.doc
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TOWN OF AVON LIQUOR LICENSING AUTHORITY
MODIFICATION TO STIPULATED FINDINGS OF FACT,
CONCLUSIONS AND SANCTIONS ORDER
In Re the Matter of:
the Hotel and Restaurant Liquor License of
Finnegan's Wake Irish Pub LLC d /b /a Finnegan's Wake Irish Pub ( "Licensee ")
82 East Beaver Creek Boulevard
Avon, Colorado
This matter comes before the Town of Avon Local Liquor Licensing Authority ( "Liquor
Authority ") upon the Authority's Notice of Show Cause Hearing and Preliminary Hearing, dated
May 25, 2010, a copy of which was mailed to the representative -of- record for the Licensee by
certified mail, return receipt requested.
I. INTRODUCTION
Section 12-47 -601, C.R.S. and 1 C.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 April 27, 2010, the Liquor Authority set this matter for a show cause hearing to be
held on May 25, 2010. At the hearing, the following persons were present:
For the Town of Avon:
Seth Murphy, Esq.
For the Licensee:
Kurt Schultz, Esq.
II. FINDINGS AND CONCLUSIONS
1. The Licensee operates a business within the Town of Avon that serves and sells
alcoholic beverages pursuant to Town of Avon and State of Colorado Liquor Licensees.
2. Factual basis: The Licensee admits a violation of C.R.S. § 12- 47- 901(1)(a),
(unlawful for any person to sell, serve, give away, dispose of, exchange or deliver or permit the
sale, serving, giving or procuring of any alcohol beverages to a visibly intoxicated person) 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 visibly intoxicated person on January 18, 2009.
The undersigned agree to the following factual basis for the Stipulation:
On January 18, 2009, Town of Avon police officers responded to the Licensee's
licensed premises on a report of a party that had fallen down the stairs. An employee of
the Licensee was contacted and the employee stated that he had been serving Arthur
Myron, a regular customer of Licensee's licensed premises, while Myron was at the bar
most of the day watching football.
Myron left the bar after a brief interchange about his bill. He proceeded to fall
down two flights of stairs and appeared to be briefly unconscious. The employee was
informed of the fall and responded. Upon contact by officers, Myron appeared very
intoxicated and confused and unable to tell the officers where he was or what day it was.
His blood alcohol level was .269BrAC. His bar tab for the day was $146.35
3. Pursuant to C.R.S. § 12- 47- 901(1)(a), it is unlawful for any person to sell, serve,
give away, dispose of, exchange or deliver or permit the sale, serving, giving or procuring of any
alcohol beverages to a visibly intoxicated person.
4. In mitigation, this is the first violation of the Licensee.
5. The Colorado Liquor Enforcement Division submitted a Notice of Liquor Law
Violation, dated April 7, 2010, alleging that on March 19, 2010, a patron was observed removing
an alcohol beverage from the premise of Finnigan's Wake Irish Pub in violation of Regulation
47 -918.
III. ORDER FOR SANCTIONS
Relying upon the stipulations as set forth above, the Liquor Authority orders as follows:
1. Licensee's above - referenced Town of Avon Liquor License shall be, and is
HEREBY SUSPENDED for a period of ten (10) business days. The ten (10) day suspension
shall be imposed and served as follows:
A. The Licensee agrees that five (5) days of the ten (10) day suspension shall be
held in abeyance for a period of eighteen (18) months from the date of approval of the
original Stipulation by the Liquor Authority (extending to and expiring on September 24,
2010), pending no further violations of the Colorado Liquor or Beer Code during this time
period. In this regard, the suspension period to be held in abeyance is contingent on the
following:
i. That the public welfare and morals would not be impaired by permitting
the Licensee to operate during the period set for suspension and that the
suspension period held in abeyance will achieve the desired disciplinary
purposes; and
ii. The Licensee, in an effort to prevent future violations by employees,
within 90 days from the approval of this Stipulation, provides basic alcohol
awareness training (TIPS) to all of the employees that sell, serve, dispense or
handle alcoholic beverages; and
iii. The Licensee provides proof that said training was complete to the
Town's Liquor Licensing Administrator (Town Clerk) no later than 90 days from
the date this Stipulation is approved by the Licensing Authority.
B. That the additional five (5) days of the ten (10) day suspension have already
been served in accordance with the terms of the original STIPULATED FINDINGS OF
FACT, CONCLUSIONS AND SANCTIONS ORDER and no further action shall be
required with regard to the additional five (5) days of the ten (10) day suspension.
2. If at any subsequent hearing or stipulation in lieu of bearing the Liquor Authority
should find that the Licensee, during the aforesaid eighteen month suspension period, violated
any provision to the Colorado Beer or Liquor Codes, including all regulations thereunder, or any
portion of the Town of Avon Municipal Code or this Stipulation and the obligations imposed
herein on the Licensee by the Liquor Licensing Authority, then the Liquor Authority shall, in
addition to any other penalty imposed, order the Licensee to serve all days of suspension
suspended hereunder without further notice, pursuant to this Stipulation.
3. The Liquor Authority agrees that it shall not pursue suspension or disciplinary
action related to the Notice of Liquor Law Violation submitted by the Colorado Liquor
Enforcement Division, dated April 7, 2010.
This Stipulation shall not be effective unless it is accepted and approved by the Liquor
Authority.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this
day of , 2010
BY:
Liquor Licensing Authority Chair
ATTEST:
BY: Patty McKenny, TOWN CLERK
STIPULATED AND AGREED TO:
Authorized Bepresentative for Licensee