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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 r' 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 Page 3 of 5 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 Page 3 of 3 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