LA Packet 06-08-2010TOWN OF AVON, COLORADO AVON
AVON LIQUOR BOARD MEETING FOR TUESDAY, .TUNE 8, 2010 _ n
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.AVON.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. Wal -Mart Stores, Inc d /b /a Wal -Mart Supercenter#1199 —continued from May 25, 2010 meeting
(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
4. PUBLIC HEARING ON
a. Applicant Name:
Event Name:
Event Location:
Event Dates:
Event Manager:
SPECIAL EVENT PERMITS
Eagle Valley Humane Society
Thunderbird Art & Wine Affaire
Harry A. Nottingham Park
July 16, 17, 18, 2010; 10 AM until 5 PM
Char Quinn
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: TCF 1 d /b /a Zacca Za
Address: 101 Fawcett Road #100
Manager: Paul Ferzacca
Type: Hotel and Restaurant Liquor License
6. CONSENT AGENDA
a. Minutes from May 25, 2010
b. Resolution Addressing Saltwater Cowboy Violation & Penalties
7. ADJOURN AT 5:20 PM
Avon Council Meeting. 1 0.06.08.doc
Page 3 of 5
Memo
To: Avon Local Liquor Licensing Authority
From: Patty McKenny, Town Clerk
cc: Larry Brooks, Town Manager
Eric Heil, Town Attorney
Date: June 4, 2010
Re: Liquor Board Agenda — Proposed Stipulation for Wal -Mart Violations
Summary:
Please find attached the proposed "Stipulated Findings of Fact, Conclusions and Sanctions Orders"
in the violation matter for Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #1199 (Licensee). This
matter was continued to the June 8, 2010 meeting.
Background:
The Licensee has admitted to the violation as outlined in the attached documents, Section II:
Findings and Conclusions. The Avon Liquor Authority recently approved the resolution showing
cause on the matter and setting show cause hearing dates for the May 25, 2010 Liquor Licensing
Meeting. This matter was considered by the Avon Liquor Licensing Authority at the last May 25,
2010 meeting and continued to the June 8, 2010 meeting.
Discussion:
Seth Murphy, Attorney representing the Avon Police Department has presented a proposed
"Stipulated Findings of Fact, Conclusions and Sanctions Order" that has been agreed upon between
the licensees, or representatives thereof, and is attached as follows:
Exhibit A: Wal -Mart Stores, Inc. d/b /a Wal -Mart Supercenter #1199
Because the store manager Mr. Mower was not in attendance at the meeting to answer questions,
the matter was continued until the June 8, 2010 meeting. Staff has been informed that Mr. Mower
will be at this meeting next Tuesday. It is noted that the Wal -Mart renewal license application is also
the agenda. The Avon Liquor Licensing Authority will have the opportunity at the meeting to ask
questions, revise and /or accept and approve the stipulation as drafted.
Town Manager Comments:
Attachments:
Exhibit A: Wal -Mart Stores, Inc. d/b /a Wal -Mart Supercenter #1199
Exhibit B: Letter from Seth Murphy to Wal -Mart Supercenter #1199 Representatives Jim Renfrow &
Matt Mower
Page I
EXHIBIT A
TOWN OF AVON LIQUOR LICENSING AUTHORITY
STIPULATED FINDINGS OF FACT, CONCLUSIONS
AND SANCTIONS ORDER
In Re the Matter of the 3.2% Beer License (Off - Premise) of:
Wal -Mart Stores, Inc., d/b /a Wal -Mart Supercenter #1199 (the "Licensee")
Address: 171 Yoder Avenue, Avon, Colorado
This matter comes before the Town of Avon Local Liquor Licensing Authority
(the "Authority") upon the Authority's Notice of Hearing; and Order to Show Cause,
dated April 27, 2010 (the "Show Cause Order "), 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
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 Authority is authorized to consider whether to suspend or
revoke a liquor or beer license.
II. FINDINGS AND CONCLUSIONS
1. The Licensee operates that business generally known as the Wal -Mart
Supercenter #1199 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 § 12- 47- 901(5)(c), C.R.S.,
concerning the sale of fermented malt beverage to a person under the age of 21 years, and
stipulates that the facts alleged in the Show Cause Order did occur as it pertains to the
sale of alcohol to a person under the age of 21 years. The undersigned agree to the
following factual basis for the Stipulation:
On April 9, 2010, Ibrahima Diallo, an employee of the Licensee, sold a twelve -
pack of beer to a person under the age of 21. The sale of the alcohol occurred in response
to a compliance check investigated by law enforcement using a person under twenty one
years of age in conformity with 1 C.C.R. 203 -2, Regulation 47 -604.
3. Pursuant to § 12- 47- 901(5)(c), C.R.S., it is illegal to sell fermented malt
beverages, i.e., beer, to a person under the age of 21 years.
III. ORDER FOR SANCTIONS
Relying upon the stipulations set forth above, the Authority Orders as follows:
1. Licensee's Town of Avon Liquor License shall be, and is, HEREBY
SUSPENDED for a period often (10) business days. Such suspension shall be served as
follows:
A. Five (5) days of the suspension shall be held in abeyance for a period of
one (1) year from the date of the approval of this Stipulation by the Authority.
I. With regard to the period of suspension to be held in abeyance, the
Authority specifically finds that the public welfare and morals will 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.
Il. The suspension period to be held in abeyance in contingent upon
no further violations of the Colorado Beer or Liquor Codes, including all regulations
thereunder, any portion of the Town of Avon Municipal Code concerning the sale or
service of alcoholic beverages, or this Stipulation.
111. If at any subsequent hearing or stipulation in lieu of hearing the
Authority should find that the Licensee, during the one year abeyance period, violated
any provision of the Colorado Beer or Liquor Codes, including all regulations thereunder,
any portion of the Town of Avon Municipal Code concerning the sale or service of
alcoholic beverages, or this Stipulation and the obligations imposed herein on the
Licensee by the Authority, then the Authority shall, in addition to any other penalty
imposed, order the Licensee to serve all days of suspension held in abeyance without
further notice pursuant to this Stipulation.
B. The remaining five (5) days of the suspension shall be satisfied by the
Licensee paying a monetary fine in lieu of the suspension in accordance with § 12 -47-
601, C.R.S.
I. In this regard, the Authority specifically finds that the public
welfare and morals would not be impaired by permitting the Licensee to operate during
the period of suspension and that the payment of the fine in lieu of suspension will
achieve the desired disciplinary purposes.
11. The Authority finds that the books and records of the Licensee are
kept in a manner that loss of sales of alcoholic beverages, which the Licensee would have
suffered had the suspension gone into effect, can be determined with reasonable
accuracy; and
2
I1I, The Authority finds that the Licensee has not had its Liquor
License suspended or revoked, nor had any suspension stayed by the payment of a fine,
during the two (2) years immediately preceding the date of the complaint that has resulted
in this Stipulation.
IV. The parties agree that the fine shall be the equivalent of twenty
percent (20 %) of the Licensee's estimated gross revenues from the sale of alcoholic
beverages during a period of five (5) days, except that the fine shall not be less than Two
Hundred Dollars ($200.00) nor more than Five Thousand Dollars ($5,000.00). The dates
for the calculation of the fine shall be the five days immediately following the hearing
before the Liquor License Authority: May 26 — 30, 2010.
V. The Licensee shall submit a computer printout or manual
accounting of the sales of alcohol for the designated days set forth above to the Town
Clerk by no later than June 7, 2010.
VI. Within five business days of receipt of said accounting the Town
Clerk shall invoice the Licensee the amount of the fine via certified mail or hand
delivery.
VII. The Licensee shall remit cash, certified check or cashier's check to
the Town Clerk for the total fine amount no later than five business days after the receipt
of such invoice.
VIII. The Licensee shall timely comply with all of the obligations set
forth in this Stipulation as well as any future dates or obligations required by the Town
concerning documentation regarding the payment of any fine in lieu of suspension.
2. This Stipulation shall not be effective unless it is accepted and approved by the
Liquor License Authority.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this
day of May, 2010.
TOWN OF AVON, COLORADO
LIQUOR LICENSING AUTHORITY
By:
Chairperson
Attest:
Town Clerk
Stipulated
for the Tm�of Avon
Ji Renfro, A Comphance Manager
Wal -Mart Sto es, Inc,
EXHIBIT B
® RICHMOND, SPROUSE
— Mark Richmond
,& MURPHY, LLC Frederick V. Sprouse
Attorneys at Law Seth Murphy
620 Main St., P.O. Box 280
Frisco, Colorado 80443
Office 970 -668 -0176
FAX 970 -668 -3757
E -MAIL: sethm@&iscolawyers.com
wwwAiscolawyers.cOm
May 27, 2010
Jim Renfrow
ATF Compliance Manager
Wal -Mart & Sam's Club
Via Email Only: Jim.Renfrow @wal- mart.com
Matt Mower, Manager
Wal -Mart Supercenter #1199
P.O. Box 5220
Avon, CO 81620
Re: Liquor Licensing Matters
Wal -Mart Supercenter #1199, Avon, Colorado
Dear Mr. Renfrow and Mr. Mower:
As you are aware, on Tuesday, May 25, 2010 I appeared before the Town of Avon, Colorado Local Liquor
Licensing Authority (the "Liquor Licensing Authority ") on behalf of the Avon Police Department and presented the
Stipulated Findings of Fact, Conclusions and Sanctions Order (the "Stipulated Order") that was negotiated and
signed by myself and Mr. Renfrow concerning the liquor license violation that occurred at the Avon Wal -Mart on
April 9, 2010.
After advising the Liquor Licensing Authority of the terms of the Stipulated Order, the Authority expressed
concern that no representative from the Avon Wal -Mart was present at the meeting to discuss such issues as the
remedial steps that the Avon Wal -Mart had taken in response to this incident. Additionally, the Liquor Licensing
Authority noted that the annual renewal of the Avon Wal -Mart's liquor license was also coincidentally on the May
25`it agenda, and they felt a representative of the Avon Wal -Mart should be present for the review of that item, also.
After discussing this issue, the Liquor Licensing Authority decided to continue both its consideration of
both the Stipulated Order and the renewal of the Avon Wal- Mart's liquor license until its next regularly scheduled
meeting and has requested that Mr. Mower appear at that meeting on behalf of the Avon Wal -Mart.
As such, this letter is written to provide you notice that both the consideration of the Stipulated Order and
the renewal of the Avon Wal -Mart's liquor license have been continued to June 8, 2010 at 5:00 PM, and it is the
Liquor Licensing Authority's expectation that Mr. Mower, or some other representative of the Avon Wal -Mart, will
-be- present at that meeting:
I would be happy to discuss this matter further with either of you. Please do not hesitate to call.
xc: Patty McKenny, Town Clerk
Eric Heil, Town Attorney
i Police Department
MEMO
TO:
AVON LIQUOR LICENSING AUTHORITY
THRU:
LARRY BROOKS, TOWN MANAGER
CC:
ERIC HEIL, TOWN ATTORNEY
FROM:
DEBBIE HOPPE, COURT CLERK
DATE:
JUNE 3, 2010
RE:
SPECIAL EVENT PERMITS — PUBLIC HEARINGS
SUMMARY:
The Town Council serving as the Local Liquor Authority will consider the following special event
permits; a public hearing is required for each license.
a. Applicant Name: Eagle Valley Humane Society
Event Name: Thunderbird Art & Wine Affaire
Event Location: Harry A. Nottingham Park
Event Dates: July 16, 17, 18, 2010
Event Manager: Char Quinn
BACKGROUND:
Special Events permits are issued by the Liquor Enforcement Division and a Local Authority to allow
qualified non - profit entities to sell, serve or distribute alcohol beverages in connection with fund
raising events. Because of their temporary nature, needs and desires (reasonable requirements of
the neighborhood) are not considered by the licensing authorities as a condition of issuance.
Applications are made directly with the local licensing authority having jurisdictions over the place of
the event. Article 48 of Title 12 regulates the issuance of special events permits.
DISCUSSION:
The applicant above has applied for special event permit for the Thunderbird Arts Festival event
taking place on July 16, 17 and 18 in Harry A. Nottingham Park. The applicant has provided all the
appropriate materials. A background investigation was conducted on the applicants and the
premises have been posted with notice of the public hearing. Char Quinn will be present to answer
questions about the application.
Financial Implications: There is local liquor licensing fees associated with the special event
permits. The applicants have submitted the appropriate state & local fees.
TOWN MANAGER COMMENTS:
SPECIAL EVENT PERMITS ATTACHMENTS:
The applicants for the special events permit have submitted the following materials:
✓ Applications for a Special Events Permits (State form DR 8439)
✓ Diagram where liquor will be served
✓ Alcohol Management Plans
✓ Certificates of Good Standing
✓ Background Checks
✓ Related state & local Fees
DR 8439 (06/28/06)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1375 SHERMAN STREET
DENVER CO 80261
APPLICATION FOR A SPECIAL Department Use Only
EVENTS PERMIT
(303) 205 -2300
IN ORDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NONPROFIT
AND ONE OF THE FOLLOWING (See back for details.)
SOCIAL ❑ ATHLETIC ❑ PHILANTHROPIC INSTITUTION
❑ FRATERNAL ❑ CHARTERED BRANCH, LODGE OR CHAPTER ❑ POLITICAL CANDIDATE
❑ PATRIOTIC ❑ OF A NATIONAL ORGANIZATION OR SOCIETY ❑ MUNICIPALITY OWNING ARTS
❑ POLITICAL ❑ RELIGIOUS INSTITUTION FACILITIES
LIAB TYPE OF SPECIAL EVENT APPLICANT IS APPLYING FOR:
DO NOT
WRITE IN THIS SPACE
LIQUOR PERMIT NUMBER
2110 MALT, VINOUS AND SPIRITUOUS LIQUOR $25.00 PER DAY
2170 M FERMENTED MALT BEVERAGE (3.2 Beer) $10.00 PER DAY
1. NAM ,F,DF AP LICAN7e,- GA RATION OLITICAL CANDIDATE
State Sales Tax Number (Required)
Q , -t i
2. MAILING APARESS OF ORGANIZA ION OR POLITICAL CANDIDATE
3. ADDFAESS OF PLACE TO HAVE SPECIAL EVENT
(in clud stre city/t n and ZIP)
_ 61 � �x '�� U7
(include st eet, city/t n and ZIP)
Iv V1 h Q v� TO �' K
q'a
-
fk\/o yl(- o 9 � 6
NAME
DATE OF BIRTH
HOME ADDRESS (Street, City, State, ZIP)
PHONE NUMBER
4. PRES ORG. or POLITICAL CANDID
S. EVEI -\
�
6. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEE
7. IS PREMISES NOW LICENSED UNDER STATE! LIQUOR OR BEER CODE?
ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR?
❑ NO YES HOW MANY DAYS? _L
%NO ❑ YES TO WHOM?
8. DOES THE APPLICANT HAVE POSSESSION OR WRITTEN PERMISSION FOR THE USE OF THE PREMISES TO BE LICENSED? ❑ Yes [:]No
LIST BELOW THE EXACT DATE(S) FOR WHICH APPLICATION IS BEING MADE FOR PERMIT
Date 7/1 (y l 17
Date 7 17 /0
Date % / / I]
Date
Date
Hours From IO& .m.
Hours From jp Q,m.
Hours m m.
ro
Hours From M.
Hours From m.
To m.
To m.
To 16-M.
To m.
To m.
OATH OF APPL CANT
I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and
that all infor fion herein is true, corr f, and complete to the best of my knowledge.
SIGNATURE
ITLE r
1 '-C+0 16,�iltnl
D
REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY OR COUNTY)
The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory,
and we do report that such permit, if granted, will comply with the provisions of Title 12, Article 48, C.R.S., as amended.
THEREFORE, THIS APPLICATION IS APPROVED.
LOCAL LICENSING AUTHORITY (CITY OR COUNTY) X CITY
TELEPHONE NUMBER OF CITY/COUNTY CLERK
El COUNTY
q % - `t 03 5
SIGNATURE
TITLE
DATE
DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY
LIABILITY INFORMATION
License Account Number
Liability Date
State
TOTAL
$
-750(999)
(Instructions on Reverse Size)
All
/ / / 1, /:
� / � (f t
0
r ll
a,�_.
C�
xtWr
Eagle Valley Humane Society
Alcohol Management Plan
Thunderbird Art Festival
The entire festival area will be enclosed with fencing. We anticipate approximately 100
people per day. Not everyone participates in the wine tasting.
There is one entrance /exit on the southeast side and one emergency entrance /exit on the
northwest side of field. Security personnel will be placed at the entrance /exit so that
patrons cannot leave the area with alcohol or come in with alcohol. "No alcohol beyond
this point" will be posted at the entrance /exit.
Glasses will be provided and sold to the patrons for $10 that will include 6 "tasting
tickets ". Verification of age will be checked prior to selling glasses. The tasting tickets
are used in exchange for approximately one and a half ounce tasting.
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE
I, Bernie Buescher, as the Secretary of State of the State of Colorado, hereby certify that, according to the
records of this office,
EAGLE VALLEY HUMANE SOCIETY
is a Nonprofit Corporation formed or registered on 06/19/1974 under the law of Colorado, has complied
with all applicable requirements of this office, and is in good standing with this office. This entity has
been assigned entity identification number 19871274371.
This certificate reflects facts established or disclosed by documents delivered to this office on paper
through 05/26/2010 that have been posted, and by documents delivered to this office electronically
through 05/28/2010 @ 12:46:16.
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated,
issued, delivered and communicated this official certificate at Denver, Colorado on 05/28/2010 @
12:46:16 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation
Number 7661653.
************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *End of
Secretary of State of the State of Colorado
Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective However,
as an option, the issuance and validity ofa certificate obtained electronically may be established by visiting the Certificate Confirmation Page of
the Secretary of State's Web site, http: / /wwii,.sos. state. co. tts/ bi_/CertilicateSearchCriterio.do entering the certificate's confirmation number
displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not
necessary to the valid and effective issuance ofa certificate. For more information, visit our Web site, hnp: /hvww.sos.state.co.trs /click Business
Center and select "Frequently Asked Questions. "
Cb'RT GS D Revised 08120 2008
Avon Police Department
Liquor License Application
Individual Name(s): Char Quinn
William Loper
Name of Business: Eagle Valley Humane Society
Type of License: ❑ Hotel & Restaurant
® Special Event Permit
Event Name: Thunderbird Art Festival
Date of Event: July 16, 2010 - July 18, 2010
Location of Business: Nottingham Park upper soccer field
Avon, Colorado 81620
Date Received: June 3, 2010
Photographs /Fingerprints: ❑ On File
® Special Event — N/A
Investigation by:
® Detective Sergeant Jonathan Lovins
❑ Detective Aurion Hassinger
Date: June 3, 2010
CBI Criminal Investigation (attached): No, on file for the Salute event
Local Criminal Investigation: Individually, neither Char Quinn nor William Loper
has negative local law enforcement contacts.
Comments: N/A
Liquor Code Violations in the past calendar year: ❑ Yes ® No
If yes, explain:
® Background investigation conducted with no problems and or areas of
concern.
N.C.I.C. database not accessed on this applicant.
Investigation Time: 2 hours. (X(o 01
Administration Time: 1 hour.
Memo
To: Avon Liquor Licensing Authority
Thru: Larry Brooks, Town Manager
cc: Eric Heil, Town Attorney
From: Debbie Hoppe, Court Clerk & Patty McKenny, Town Clerk'
Date: June 4, 2010
Re: Renewal of Liquor Licenses
Summary:
The Town Council serving as the Avon Liquor Licensing Authority will consider the following
liquor license applications for renewal at its board meeting next week:
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: TCF 1 d /b /a Zacca Za
Address: 101 Fawcett Road #100
Manager: Paul Ferzacca
Type: Hotel and Restaurant Liquor License
Background & Discussion:
Colorado Liquor Code, 12 -47 -302, provides for guidelines related to liquor licensing renewals;
applications for the renewal of an existing license shall be made to the local licensing authority.
The Town Clerk, Town Attorney, and Police Department have reviewed the applications
submitted referenced above and the materials are in order. Police Report results are
summarized below:
• There has been one liquor code violation where an employee sold alcohol to minor on April 9,
2010. This matter is currently being addressed by the Avon Liquor Authority.
• There have been no alcohol related calls for service at Zacca Za during the past year.
Financial Implications:
There are local and state liquor licensing fees associated with renewal applications that have been
submitted to the Town.
Town Manager Comments:
Attachments:
➢ State of Colorado Forms for Liquor License Renewals
➢ Avon Police Department Background Memos
DR 8400 (11/09/06) LIQUOR Ora 33 'BEER LICENSE
COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION
DENVER, COLORADO 80261
Iln�lnl�llniln�ll�IIn�IInnI�IIInJ�lullun�I�IIuIJ
WAL MART SUPERCENTER #1199
DEPT 8916
702 SW 8TH STREET
BENTONVILLE AR 72716 -6209
This renewal reflects no changes from the last ap-
plication. Complete page 2 and file now!
Yes there are changes from the last application.
If applicant is. a Corporation or Limited Liability com-
pany, use DR 8177 and send in with this renewal.
Any other changes of ownership require a transfer
of ownership. See your Local Licensing Authority
immediately.
License Number
License Type
09- 49518 -0019
2122
Liability Information
44 003 452910 C 061703
Business Location
171 YODER AVE
AVON CO
Current License Expires
JUN 16, 2010
DEPARTMENTAL USE ONLY
Total Amount Due
To Paid
Date
Wholesaler, manufacturer, importer, and public transportation
system license renewals do not need Local Licensing Author-
ity approval and must be returned directly to the Colorado De-
partment of Revenue at least 30 days prior to the current li-
cense expiration date.
Tflts application for renewaltmust'be ret imed to your CITY on
COUNTY Licensing Authotityaat least 45 days priorloAhe e
tion date of your current license. Failure to do soMay result in
your license not being renewed, include bothpa9es of this ren..evval
and° payment.
OATH OF APPLICANT
I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the
best of my knowledge.
Authorized Signature
CASH FUND
Business Phone
3.2 PERCENT BEER RETAIL
2010
479 - 277 -8,
T itle
EDate
Number
Lori Cottrell - Assistant Secretar
518 -000
REPORT AND APPROVAL OF CITY OR. C UNTY.LIC9N8IN'G AUTHORITY
The foregoing application has been examined and the premises, business conducted and character of the applicant are satisfactory, and v
do hereby report that such license, if granted, will comply with the provisions of Title 12, Articles 46 and 47, C.R.S.
THEREFORE THIS APPLICATION IS APPROVED.
Local Licensing Authority for
Date
Signature
Title
Attest
9Q NOT DETACH___ DO NOT DETACH DO NOT DETACF
Make check payable to: Colorado Department of Revenue.The State may convert your
DR 8400 (11/09/06) LIQUOR OR 3.2 BEER LICENSE
COLORADO DEPARTMENT OF REVENUE check to a one time electronic banking transaction. Your bank account may be debited as A
RENEWAL APPLICATION earty asthesame day received by the State. dconverted ,yourcheckwillnotbereturned. L
DENVER, COLORADO 80261 If your check is rejected due to insufficient or uncollected funds, the Department of Rev-
enue may collect the payment amount directly from your banking account electronically.
Business Name
WAL MART SUPERCENTER
LICENSE NUMBER (Use for all reference)
09- 49518 -0019
PERIOD
06 -11
TYPE OF LICENSE ISSUED
CASH FUND
STATE FEE
3.2 PERCENT BEER RETAIL
CITY 85% OAP
LICENSE (OFF PREMISES)
2330 - 100(999)
2122 - 750(999)
2180 - 100(999)
$ 50.00
$ 25.00
$ 21.25
TOTAL AMOUNT DUE $ 96.2
OR 8401 (02/19109)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1881 PIERCE
-LAKEWOOD, CO 80261
(SM)205-M00 ATTACHMENT TO LIQUOR OR
3.2 BEER LICENSE RENEWAL APPLICATION
This page must be completed and attached to your signed renewal application form.
Failure to Include this page with the application may result In your license not being renewed
Trade Name of Establishment I State License Number
Wal -Mart Supercenter #1199 09- 49518 -0019
1.Operating Manager JHomeAddress I Date of Birth
Matthew Mower
2. Do you have legal possession of the premises for which this application for license is made? Yes No
Are the premises owned or rented: leased If rented, expiration date of lease: 7/2028 2 0 2 8 ® ❑
3. Has there been any change in financial interest (new notes, bans, owners, etc.) since the last annual application? If yes, explain in Yes No
detail and attach a listing of all liquor businesses in which these new lenders or owners, (other than licensed financial institutions) are
materially interested.
4. Since the date of filing of the last annual application, has the applicant, or any of its agents, owners, managers, principals, or lenders Yes No
(other than licensed financial institutions), been convicted of a crime? if yes, attach a detailed explanation. 1:1 0
5. Since the date of filing of the last annual application, has the applicant, or any of its agents, owners, managers, principals, or lenders
(other than licensed financial institutions), been denied an alcoholic beverage license, had an alcoholic beverage license suspended or Yes No
revoked, or had Interest in any entity that had an alcoholic beverage license denied, suspended or revoked? If yes, attach a detailed
explanation. See attached list 91 1:1
6. Does the applicant, or any of'tts agents; owners, managers, principals, or lenders (other than licensed financial institutions), have a Yes No
direct or indirect interest in any other Colorado liquor license (include loans lo or from any licensee, or interest Ina loan to any
licensee)? If yes, attach a detailed explanation. See attached list ® 0
7. Corporation or Limited Liability Company (LLC) or Partnership applicants must answer these questions.
Since the date of filing of the last annual license application:
Yes No
(a) Are there, or have there been: any officers or directors; or managing members; or general partners added to or deleted from o
applicant for renewal of a 3.2 beer or liquor license?
(b) Are there or have there been: any stockholders with 10% or more of the issued stock of the Corporation; or any members with Yes No
10% or more membership interest in the LLC; or any partners with 10% or more interest in the partnership. added to or deleted
from the applicant for renewal of a 3.2 beer or liquor ken.
(c) If Yes to (a) or (b), complete and attach Form DR 8177: Corporation, Limited Liability Company or Partnership Report of Changes,
and ail supporting dogpmentation, and fees your Local Licensing Authority immediately.
EVIDENCE OF LAWFUL PRESENCE
Each person identified above must complete and sign the following affidavit. Please make additional copies If necessary.
Each person must also provide a copy of their driver's license ,or state issued identification card.
In lieu of form DR 4679, the undersigned swears or affirms under penalty of perjury under the laws of the State of Colorado
that (check one):
I am a United States Citizen
i am not a United States Citizen but I am a Permanent Resident of the United States
El I am not a United States Citizen but I am lawfully present in the United States pursuant to Federal Law
FI 1 am a foreign national not physically present in the United States
I understand that this sworn statement is required by law because I have applied for a public benefit. 1 understand that state law
requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge
that making a false, or fraudulent statement or misrepresentation in this sworn affidavit Is punishable under the criminal laws of
Colorado Revised Statute 18 -8 -503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received.
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Avon Police Department
Liquor License Renewal
Name: Matthew B. Mower
Name of Business: Wal -Mart
Location of Business: 171 Yoder Avenue, Avon CO 81620.
Date Received: May 6, 2010
Photographs /Fingerprints: On File
Investigation by: Detective Aurion Hassinger
Date: May 6, 2010
Criminal Investigation: Throughout the course of my investigation, I found no
arrest record or negative driving history for Matthew B. Mower.
Local history revealed several calls for service for a one -year period at Wal -Mart.
There was one incident of a liquor code violation during the last year. A Wal -Mart
employee sold alcohol to a minor.
Comments: Background investigation conducted with no problems and or areas
of concern with Avon Wal -Mart. N.C.I.C. database not accessed on this
applicant.
Smoking Ordinance: There have been no smoking ordinance violations for the
last year.
Investigation Time: 2 hours.
Administration Time: 1 hour.
DR 8400 (11 /09/06) LIQUOR OR 3.2 BEER LICENSE
COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION
DENVER, COLORADO 80261
i
i
TCF 1
ZACCA ZA
P 0 BOX 9250
AVON CO 81620 -9202
. BAR
&.191jAi' 817f
This renewal reflects no changes from the last ap-
plication. Complete page 2 and file now!
rl Yes there are changes from the last application.
If applicant is a Corporation or Limited Liability com-
pany, use DR 8177 and send in with this renewal.
Any other changes of ownership require a transfer
of ownership. See your Local Licensing Authority
immediately.
®/v
License
License16p70
44637 -0000
9
Liability Information
44 003 722110 B 071006
Business Location
0101 FAWCETT RD #100
AVON CO
Current License Expires
JUL 09, 20.10
DEPARTMENTAL USE ONLY
Total Amount Due
Total Paid
Date
OO'Oo
,7 - 2_ ^ O
Wholesaler, manufacturer, importer, and public transportation
system license renewals do not need Local Licensing Author-
ity approval and must be returned directly to the Colorado De-
partment of Revenue at least 30 days prior to the current li-
cense expiration date.
-Ws application for renewal must be returned to your CITY OR
COUNTY Licensing Authority at least 45 days prior to the expire -
tion date of your current license. Failure to do so may result In
your license not being renewed. Include both pages of this renewal
and
OATH OF APPLICANT
declare under penalty of erj ry in t econd degree that this application and all attachments are true, correct, and complete to the
best of my knowledge. 2 70 7'19' V8Y9
Authorized Signature Date
Business Phone
Title Sal s Tax umber
ia-vyr3 -0
REPORT A`NDYAPPROVIA''L OFtil Y'O- I "COUNW' fICE14SING AUTHORITY
The foregoing application has been examined and the premises, business conducted and character of the applicant are satisfactory, and we
do hereby report that such license, if granted, will comply with the provisions of Title 12, Articles 46 and 47, C.R.S.
THEREFORE THIS APPLICATION IS APPROVED.
Local Lice 'ng Authority for
Date
Z)v0y%._
Signature
Title
Attest
-- --
i6P,!7'►�ThT nFTar.H nn NnT nFTar.N nn ninT nc:TAr -u
DR 8401 (02/19/09)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1881 PIERCE
LAKEWOOD, CO 80261
(303) 205 -2300
ATTACHMENT TO LIQUOR OR
3.2 BEER LICENSE RENEWAL APPLICATION
This page must be completed and attached to your signed renewal application form.
Failure to include this page with the application may result in your license not being renewed.
Trade Name of Establishment I
-TCif ZAccAZA
State License Number
r DF.A A- Zed So.vZ2 So�.��
�$ -y 637 -000d
1. Operating Manager
Home Address
Date o Bir
2. Do you have legal possession of the premises for which this application for license is made?
Yes No
Are the premises owned or rented: �1 •e.�. kQ�L— If rented, expiration date of lease: I I yI 1011- + CAN01,1111 OPL
91 El
's
3, Has there been any change in financial interest (new notes, loans, owners, etc.) since the last annual application? If yes, explain in
Yes No
detail and attach a listing of all liquor businesses in which these new lenders or owners, (other than licensed financial institutions) are
interested.
E]
materially
4. Since the date of filing of the last annual application, has the applicant, or any of its agents, owners, managers, principals, or lenders
Yes No
(other than licensed financial institutions), been convicted of a crime? If yes, attach a detailed explanation.
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L�
5. Since the date of filing of the last annual application, has the applicant, or any of its agents, owners, managers, principals, or lenders
(other than licensed financial institutions), been denied an alcoholic beverage license, had an alcoholic beverage license suspended or
Yes No
revoked, or had interest in any entity that had an alcoholic beverage license denied, suspended or revoked? If yes, attach a detailed
explanation.
6. Does the applicant, or any of its agents, owners, managers, principals, or lenders (other than licensed financial institutions), have a
Yes No
direct or indirect interest in any other Colorado liquor license (include loans to or from any licensee, or interest in a loan to any
licensee)? If yes, attach a detailed explanation.
7. Corporation or Limited Liability Company (LLC) or Partnership applicants must answer these questions.
Since the date of filing of the last annual license application:
Yes No
(a) Are there, or have there been: any officers or directors; or managing members; or general partners added to or deleted from
❑
applicant for renewal of a 3.2 beer or liquor license?
(b) Are there or have there been: any stockholders with 10% or more of the issued stock of the Corporation; or any members with
Yes No
10% or more membership interest in the LLC; or any partners with 10% or more interest in the partnership added to or deleted
E] 14
from the applicant for renewal of a 3.2 beer or liquor license?
'4'
(c) If Yes to (a) or (b), complete and attach Form DR 8177: Corporation, Limited Liability Company or Partnership Report of Changes,
and all supporting documentation, and fees your Local Licensing Authority immediately.
8. Sole proorietorshlos. Husband -Wife Partnerships or Partners in General Partnerships:
EVIDENCE OF LAWFUL PRESENCE
Each person identified above must complete and sign the following affidavit. Please make additional copies if necessary.
Each person must also provide a copy of their driver's license or state Issued identification card.
In lieu of form DR 4679, the undersigned swears or affirms under penalty of perjury under the laws of the State of Colorado
that (check one):
❑ I am a United States Citizen
F1 I am not a United States Citizen but I am a Permanent Resident of the United States
I am not a United States Citizen but I am lawfully present in the United States pursuant to Federal Law
I am a foreign national not physically present in the United States
I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law
requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge
that making a false, or fraudulent statement or misrepresentation in this sworn affidavit is punishable under the criminal laws of
Colorado vised Statute 18 -8 -503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received.
Signature �
Printed name
Date
�i�—
pall
Avon Police Department
Liquor License Application
Individual Name(s): FERZACCA, PAUL
Name of Business: Zacca Za
Type of License: ® Hotel & Restaurant
❑ Special Event Permit
Location of Business: 0101 Fawcett Road
Avon, Colorado 81620
Date Received: May 24, 2010
Photographs /Fingerprints: ® On File
❑ Special Event — N/A
Investigation by:
® Detective Sergeant Jonathan Lovins
❑ Detective Aurion Hassinger
Date: May 24, 2010
CBI Criminal Investigation (attached): No criminal history of the last year.
Local Criminal Investigation: No negative law enforcement contacts.
Comments: N/A
Liquor Code Violations in the past calendar year: ❑ Yes ® No
If yes, explain:
® Background investigation conducted with no problems and or areas of
concern.
N.C.I.C. database not accessed on this applicant.
Investigation Time: 2 hours.
Administration Time: 1 hour.
.Z
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.
RESPECTFULLY SUBMITTED:
Patty McKenny, Secretary
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
IT�iit•�
To:
Avon Local Liquor Licensing Authority
From:
Patty McKenny, Town Clerk VI/
cc:
Larry Brooks, Town Manager
Eric Heil, Town Attorney
Date:
June 3, 2010
Re:
Liquor Board Agenda — Resolution No.
Violation and Penalty
10-06 in the Matter of Saltwater Cowboy
Summary:
Please find attached Resolution No. 10 -06 in the matter of the Hotel and Restaurant Liquor Store
License for Saltwater Cowboy LLC d /b /a Saltwater Cowboy located at 48 E. Beaver Creek Blvd. and
a recent liquor law violation. The Resolution memorializes the decision made by the Avon Liquor
Authority at the May 25, 2010 meeting as to the penalty imposed on Saltwater Cowboy for this
violation.
Background:
Stephen Bullock, owner of Saltwater Cowboy along with his attorney Mr. Terry O'Connor, appeared
at the last Avon Liquor Licensing Authority meeting on May 25, 2010 and addressed the complaint
from the Avon Police Department that reported the following two violations of CRS 12- 47- 901(1)(a),
to sell, sere, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or
procuring of any alcohol beverage to a visibly intoxicated person, which is prohibited under this
article:
✓ March 21, 2010 at Saltwater Cowboy, Allison Ault, an employee, was cited with violation of
selling to an intoxicated person (Police Report # 2010 - 000192).
✓ March 27, 2010 at Saltwater Cowboy, Ricardo Aragon Ramos, an employee, was cited with
violation of selling to an intoxicated person (Police Report # 2010 - 000206).
Discussion:
Seth Murphy, Attorney representing the Avon Police Department, reviewed the violations and
presented the Stipulated Findings of Fact, Conclusions and Sanctions Order to the Liquor Licensing
Authority. He noted that Mr. Bullock had agreed to the sanctions outlined in the document. The
attached Resolution No. 10 -06 outlines the matter with the Findings and Conclusions and the Order
for Sanctions. 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. After hearing from the licensees and his attorney, the Avon Liquor Licensing Authority
unanimously approved the document.
Town Manager Comments:
Attachments:
Attachment 1: Resolution No. 10 -06, Series of 2010, Resolution making the determination Saltwater
Cowboy LLC d /b /a Saltwater Cowboy has violated a law, rule or regulation with
respect to the operation of its license premises; and imposing a 10 day (business
days) liquor license suspension of the Hotel and Restaurant Liquor License as
outlined in Exhibit A Stipulated Findings of Fact, Conclusions and Sanctions Order
Page
ATTACHMENT ONE
PROCEEDINGS 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. 10 -06
SERIES OF 2010
IN THE MATTER OF THE HOTEL AND RESTAURANT LIQUOR STORE LICENSE
FOR SALTWATER COWBOY LLC D /B /A SALTWATER COWBOY
FOR THE LICENSED PREMISES LOCATED AT 48 E. BEAVER CREEK BLVD., AVON, COLORADO
A RESOLUTION MAKING THE DETERMINATION THAT SALTWATER COWBOY LLC D /B /A
SALTWATER COWBOY HAS VIOLATED A LAW, RULE OR REGULATION WITH RESPECT
TO THE OPERATION OF ITS LICENSED PREMISES; AND IMPOSING A TEN (10) DAY
LIQUOR LICENSE SUSPENSION OF THE HOTEL AND RESTUARNT LIQUOR LICENSE
WHEREAS, the Town Council of the Town of Avon, acting as the local licensing
authority ( "Liquor Licensing Authority "), has received two complaints from the Avon Police
Department alleging that there are two violations of CRS 12- 47- 901(1)(a), to sell, serve, give
away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any
alcohol beverage to a visibly intoxicated person, which is prohibited under this article as follows:
✓ March 21, 2010 at Saltwater Cowboy, Allison Ault, an employee, was cited with violation
of selling to an intoxicated person (Police Report # 2010 - 000192).
✓ March 27, 2010 at Saltwater Cowboy, Ricardo Aragon Ramos, an employee, was cited
with violation of selling to an intoxicated person (Police Report # 2010 - 000206).
WHEREAS, Licensee appeared by Stephen Bullock, Owner and Manager, and admitted
the violation;
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 Liquor Licensing Authority finds and determines the following:
The Licensee admits a violation of § 12- 47- 901(1)(a), C.R.S., concerning the sale of alcoholic
beverages to a visibly intoxicated person, and stipulates that the facts alleged in the Show
Cause Order did occur on March 21, 2010 as they pertain to the sale of alcohol to a visibly
intoxicated person. The undersigned agree to the following factual basis for the Stipulation:
On March 21, 2010 at approximately 1:30 AM, Allison Ault, an employee of Saltwater
Cowboy, sold an alcoholic beverage to a visibly intoxicated person.
3. Pursuant to § 12- 47- 901(1)(a), C.R.S., it is illegal to sell alcoholic beverages to any
person who is visibly intoxicated.
4. The Show Cause Order issued to the Licensee concerning the allegation that the
Licensee sold an alcoholic beverage to a visibly intoxicated person on March 27, 2010 is hereby
withdrawn upon the stipulation of the parties.
Section 2. As the penalty for the violation, the Avon Local Liquor Licensing Authority
imposes a penalty permitted under Regulation 47 -604 and described in "Exhibit A" in the form of
a Stipulated Findings of Fact, Conclusions and Sanctions Order" to the Licensee Saltwater
Cowboy, a ten (10) business day liquor license suspension to be served. Details of the
suspension are outlined in attached Exhibit A.
Section 3. This Resolution shall be effective immediately upon adoption.
RESOLUTION APPROVED AND ADOPTED THIS 8th DAY OF JUNE 2010.
TOWN OF AVON LIQUOR LICENSING
AUTHORITY
By
ATTEST:
Patty McKenny, Town Clerk
Ronald C. Wolfe, Chairman
ALB Res. No. 10 -06 Saltwater Cowboy.doc
Page 2 of 2
EXHIBIT A
TOWN OF AVON LIQUOR LICENSING AUTHORITY
STIPULATED FINDINGS OF FACT, CONCLUSIONS
AND SANCTIONS ORDER
In Re the Matter of the Hotel and Restaurant Liquor License of:
Saltwater Cowboy LLC, d/b /a Saltwater Cowboy (the "Licensee ")
Address: 48 East Beaver Creek Boulevard, Avon, Colorado
This matter comes before the Town of Avon Local Liquor Licensing Authority
(the "Authority ") upon the Authority's Notice of Hearing; and Order to Show Cause,
dated April 13, 2010 (the "Show Cause Order "), 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
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 Authority is authorized to consider whether to suspend or
revoke a liquor or beer license.
II. FINDINGS AND CONCLUSIONS
1. The Licensee operates that business generally known as the Saltwater Cowboy
Bar 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 § 12- 47- 901(1)(a), C.R.S.,
concerning the sale of alcoholic beverages to a visibly intoxicated person, and stipulates
that the facts alleged in the Show Cause Order did occur on March 21, 2010 as they
pertain to the sale of alcohol to a visibly intoxicated person. The undersigned agree to
the following factual basis for the Stipulation:
On March 21, 2010 at approximately 1:30 AM, Allison Ault, an employee of
Saltwater Cowboy, sold an alcoholic beverage to a visibly intoxicated person.
3. Pursuant to § 12- 47- 901(1)(a), C.R.S., it is illegal to sell alcoholic beverages to
any person who is visibly intoxicated.
4. The Show Cause Order issued to the Licensee concerning the allegation that the
Licensee sold an alcoholic beverage to a visibly intoxicated person on March 27, 2010 is
hereby withdrawn upon the stipulation of the parties.
III. ORDER FOR SANCTIONS
Relying upon the stipulations set forth above, the Authority Orders as follows:
1. Licensee's Town of Avon Liquor License shall be, and is, HEREBY
SUSPENDED for a period of ten (10) business days. Such suspension shall be served as
follows:
A. Five (5) days of the suspension shall be held in abeyance for a period of
one (1) year from the date of the approval of this Stipulation by the Authority.
I. With regard to the period of suspension to be held in abeyance, the
Authority specifically finds that the public welfare and morals will 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.
II. The suspension period to be held in abeyance is contingent upon
the following:
a. The Licensee having no further violations of the Colorado
Beer or Liquor Codes, including all regulations thereunder, any portion of the Town of
Avon Municipal Code concerning the sale or service of alcoholic beverages, or the terms
of this Stipulation during the one year abeyance period.
b. In an effort to prevent future violations, the Licensee shall
have all current employees that sell, serve, dispense or handle alcoholic beverages trained
with basic alcohol awareness training (TIPS) within 60 days of the date of the Authority's
approval of this Stipulation, if those employees are not already so trained. Additionally,
Licensee shall have any new employees that sell, serve, dispense or handle alcoholic
beverages that are hired within one (1) year abeyance period TIPS certified within 60
days of such new employee's date of hire. The Licensee shall provide written proof of
TIPS training for all employees to the Town Clerk within the timeframes set forth above.
III. If at any subsequent hearing or stipulation in lieu of hearing the
Authority should find that the Licensee, during the one year abeyance period, violated
any provision of the Colorado Beer or Liquor Codes, including all regulations thereunder,
any portion of the Town of Avon Municipal Code concerning the sale or service of
alcoholic beverages, or the terms of this Stipulation and the obligations imposed herein,
then the Authority shall, in addition to any other penalty imposed, order the Licensee to
serve all days of suspension held in abeyance without further notice.
B. The remaining five (5) days of the suspension may be satisfied by either:
I. The Licensee serving the period of suspension, over consecutive
days and prior to Wednesday, June 9, 2010, less any days for which the Licensee
petitions to pay a fine in lieu of such suspension; or
II. The Licensee paying a monetary fine in lieu of the suspension in
accordance with § 12-47 -601, C.R.S.
a. With regard to a fine in lieu of the suspension, the
Authority specifically finds that the public welfare and morals would not be impaired by
permitting the Licensee to operate during the period of suspension and that the payment
of the fine in lieu of suspension will achieve the desired disciplinary purposes.
b. The Authority finds that the books and records of the
Licensee are kept in a manner that loss of sales of alcoholic beverages, which the
Licensee would have suffered had the suspension gone into effect, can be determined
with reasonable accuracy; and
C. The Authority finds that the Licensee has not had its Liquor
License suspended or revoked, nor had any suspension stayed by the payment of a fine,
during the two (2) years immediately preceding the date of the complaint that has resulted
in this Stipulation.
d. The parties agree that the fine shall be the equivalent of
twenty percent (20 %) of the Licensee's gross revenues from the sale of alcoholic
beverages during the period for which a fine in lieu of suspension is petitioned for, except
that the fine shall not be less than Two Hundred Dollars ($200.00) nor more than Five
Thousand Dollars ($5,000.00). The dates for the calculation of the fine shall begin on the
day immediately following the date of the incident, March 22, 2010, and shall run
consecutively after such date for the full period for which a fine in lieu of suspension is
petitioned.
e. If the Licensee petitions to pay a fine in lieu of suspension
for all or any portion of the five (5) day suspension period, the Licensee shall submit a
computer printout or manual accounting of the sales of alcohol for the designated days set
forth above to the Town Clerk by no later than June 7, 2010.
f. Within five business days of receipt of said accounting the
Town Clerk shall invoice the Licensee the amount of the fine via certified mail or hand
delivery.
g. The Licensee shall remit cash, certified check or cashier's
check to the Town Clerk for the total fine amount no later than five business days after
the receipt of such invoice.
3
h. The Licensee shall timely comply with all of the
obligations set forth in this Stipulation as well as any future dates or obligations required
by the Town concerning documentation regarding the payment of any fine in lieu of
suspension.
2. This Stipulation shall not be effective unless it is accepted and approved by the
Liquor License Authority.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this
a5= da+4�Mgy, 2010.
TOWV,0V AVON,
L1910 •' ITY
Chairperson
i
S
Attest:
J M G
Town e k
Stipul and Age o:
Seth Murp , No. 768
Attorney for the Town of Avon
phen Aullock, Manager
Saltwater Cowboy, LLC
Approved as to form:
Terry O'C46or, No. 9574
Attorney for Saltwater Cowboy, LLC
4
620 Main St., P.O. Box 280
Frisco, Colorado 80443
Office 970 -668 -0176
FAX 970- 668 -3757
E -MAIL: setbm@friscolawyers.com
www$iscolawyers.com
RICHMOND, SPROUSE
& MURPHY, LLC
Attorneys at Law
May 27, 2010
Terry O'Connor, Esq.
Heckman & O'Connor, PC
Via email only: toconnor@heckmanoconnor.com
Re: YOUR CLIENT: SALTWATER COWBOY, LLC
SIGNED STIPULATED ORDER
Dear Terry:
Mark Richmond
Frederick V. Sprouse
Seth Murphy
Please find attached a copy of the Stipulated Findings of Fact, Conclusions and Sanctions Order
as signed by all parties and the Town of Avon Local Liquor Licensing Authority (the "Stipulated
Order ").
According to the terms of that Stipulated Order, Saltwater Cowboy has the option to either
serve five consecutive days of liquor license suspension prior to June 9, 2010 or request to pay in lieu
of that five day suspension. To request to pay such a fine, Saltwater Cowboy needs to submit
computer printouts or a manual accounting of its sales of alcohol for March 23 — 27, 2010 by no later
than June 7, 2010. The Town Clerk will then calculate the fine and notify your client of the amount
of the fine.
Additionally, and notwithstanding the above 5 days of suspension, an additional 5 days of
suspension remains held in abeyance for one year on the conditions set forth in the Stipulated Order.
Thank you. Please do not hesitate to call me to discuss this matter further if necessary.
Xc: Patty McKenny, Town Clerk
Eric Heil, Town Attorney