LA Packet 06-22-2010TOWN OF AVON, COLORADO AVON
AVON LIQUOR BOARD MEETING FOR TUESDAY, JUNE 22, 2010 - W ,, • Vv
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 MC.KENNY
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. REPORT OF CHANGES: PUBLIC HEARING FOR MODIFICATION OF PREMISES
a. Applicant: Westin Riverfront Resort & Spa 7a,
Address: 126 Riverfront Lane
Manager: Bob Trotter
Type: Resort Complex License
4. RENEWAL OF LIQUOR LICENSES
a. Applicant: Westin Riverfront Resort & Spa
Address: 126 Riverfront Lane
Manager: Bob Trotter
Type: Resort Complex License
b. Applicant: Y &Z Inc., d /b /a Nozawa
Address: 240 Chapel Place, BC -115
Manager: Jennifer E. Brosch
Type: Hotel and Restaurant Liquor License
5. CONSENT AGENDA
a. Minutes from June 8 2010
b. Resolution No. 10 -07, Series of 2010, Addressing Wal -Mart Supercenter #1199 Violation &
Penalties
6. ADJOURN AT 5:20 PM
Avon Council Meeting. 1 0.06.22.doc
Page 2 of 3
Memo
To: Avon Liquor Licensing Authority
Thru: Larry Brooks, Town Manager
Eric Heil, Town Attorney
From: Debbie Hoppe, Court Clerk, Patty McKenny, Town Clerk
Date: June 17, 2010
Re: Public Hearing for Report of Changes — Modification of Premises for Westin Riverfront
Resort & Spa
Summary:
The Town Council serving as the Local Liquor Authority will consider a Permit Application & Report
of Changes for a modification of premises for the Westin Riverfront Resort & Spa. The application is
submitted in order to add the location from the Avondale Restaurant door passed the gondola to the
north side of the promenade area to the existing licensed premises. This application will require a
public hearing in order obtain input on the needs and desires of the neighborhood.
Background:
The Westin Riverfront Resort & Spa was issued its resort complex liquor license in August 2008.
East West Resort, LLC and Riverfront Village Restaurant, LLC d /b /a Westin Riverfront Resort &
Spa, (Bob Trotter, General Manager) has submitted the "report of changes" paperwork requesting a
modification of premises for the resort complex license by adding the promenade area (see
diagram).
Discussion:
The applicant has submitted the required materials for making this request to the local authority and
the state of Colorado liquor enforcement division. A "before and after" site plan has been submitted
which outlines the location of the new area to be included as new premises. Also included in the
packet is the "Agreement for Patio" which authorizes the group to use the property owned by the two
metropolitan districts, Avon Station and Confluence Metro Districts. This document satisfies the
possession of the premises requirement of the liquor code.
Both John Evans, respresenting East West Resort, LLC, and Thomas Salamunovich, resprsenting
the Riverfront Village Restaurant, LLC, will be present to provide support for this application as well
as answer any questions. If the Authority approves this modification, it is forwarded to the State of
Colorado for review and approval of the application as well.
Financial Implications:
There are both state & local fees associated with liquor licensing applications; the applicant has
submitted these fees.
Town Manager Comments:
Attachments:
✓ State of Colorado Permit Application & Report of Changes
✓ Diagrams of the for location of patio
✓ Agreement for patio
DR 8442 (09/14/07) Page 1
COLORADO DEPARTMENT OF REVENUE
DENVER, COLORADO 80261
PERMIT APPLICATION
& REPORT OF CHANGES
21
CURRENT LICENSE NUMBER 42- 58375 -0000
ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN
LOCAL LICENSE FEE $
APPLICANT SHOULD OBTAIN A COLORADO LIQUOR & BEER CODE BOOK
TO ORDER CALL (303) 370 -2165
DO NOT WRITE IN THIS SPACE
1. Applicant Is a
PRESENT' LICENSE - NUMBER
❑ Corporation ❑ Individual
❑ Partnership Limited Liability Company
42- 58375 -0000
2. Name of Licensee
3. Trade Name
East West Resort, LLC and
Riverfront Village Restaurant, LLC
Westin Riverfront Resort & Spa
4. Location Address
330 Riverfront Lane
City
County
ZIP
Avon
Eagle
81620
Select the appropriate section below and proceed to the instructions on page 2.
SECTION A - MANAGER REG/CHANGE SECTION C
1) [12210-100 (999) Retail Warehouse Storage Permit (ea) ...... $100.00
2) ❑ 2200 -100 (999) Wholesale Branch House Permit (ea) .......... 100.00
• License Account No.
3) El 2260-100 (999) Change Corp or Trade Name Permit (ea) ....... 50.00
1983 -750 (999) ❑ Manager's Registration (Hotel & Restr.)........ $75.00
4) F1 2230 -100 (999) Change Location Permit (ea) ........................ 150.00
2012 -750 (999) ❑Manager's Registration (Tavern) ................... $75.00
5) V1 2280 -100 (999) Change, Alter or Modify Premises
El Change of Manager (Other Licenses) ........ NO FEE
$150.00 x 1 Total Fee 150.00
2315 -100 (999) ❑ Concurrent Review ...... ............................... $100.00
6) [:12220-100 (999) Addition of Optional Premises to Existing H/R
$100.00 x Total Fee
7) [11988-100 (999) Addition of Related Facility to Resort Complex
SECTION B — DUPLICATE LICENSE
• LIQUOR LICENSE No.
❑ 2270 -100 (999) DUPLICATE LICENSE ...... ............................... $ 50.00
$75.00 x Total Fee
8) ❑ 2340 -100 (999) Bed and Breakfast Permit .............................. 50.00
DO NOT WRITE IN THIS SPACE — FOR DEPARTMENT OF REVENUE USE ONLY
DATE LICENSE ISSUED
LICENSE ACCOUNT NUMBER
PERIOD
-750 (999)
-100(999)
TOTAL 150. 00
DR 8442 (09/14/07) Page 2
INSTRUCTION SHEET
For all sections, complete questions 1 -4 located on page 1
❑ Section A
To Register or Change Managers, check the appropriate box in section A and complete question
9 on page 4. Proceed to the Oath of Applicant for signature (Please note: Hotel, Restaurant, and
Tavern licensees are required to register their managers).
❑ Section B
For a Duplicate license, be sure to include the liquor license number in section B on page 1 and
proceed to page 4 for Oath of Applicant signature.
p Section C
Check the appropriate box in section C and proceed below.
1) For a Retail Warehouse Storage Permit, go to page 3 complete question 5 (be sure to check
the appropriate box). Submit the necessary information and proceed to page 4 for Oath of
Applicant signature.
2) For a Wholesale Branch House Permit, go to page 3 and complete question 5 (be sure to
check the appropriate box). Submit the necessary information and proceed to page 4 for Oath
of Applicant signature.
3) To Change Trade Name or Corporation Name, go to page 3 and complete question 6 (be
sure to check the appropriate box). Submit the necessary information and proceed to page 4 for
Oath of Applicant signature.
4) To modify Premise, go to page 3 and complete question 7. Submit the necessary information
and proceed to page 4 for Oath of Applicant signature.
5) For Optional Premises or Related Facilities go to page 3 and complete question 7. Submit the
necessary information and proceed to page 4 for Oath of Applicant signature.
6) To Change Location, go to page 3 and complete question 8. Submit the necessary information
and proceed to page 4 for Oath of Applicant signature.
7) For a Bed and Breakfast Permit, go to page 4 and complete question 10. Submit the
necessary information and proceed to Oath of Applicant signature.
D R 8442 (09/14/07) Page 3
5. Retail Warehouse Storage Permit or a Wholesalers Branch House Permit
❑ Retail Warehouse Permit
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CL
❑ Wholesalers Branch House Permit
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Include full address of storage premises.
If granted, will the proposed warehouse or branch house be in compliance with local building and zoning laws? Yes No
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Name and title of Person in Charge of Premises El
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❑ Attach a lease /deed and a diagram of storage premises.
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6. Change of Trade Name or Corporation name
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❑ Trade /DBA Name Change only
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❑ Corporate Name Change (Attach a Certificate of Amendment from Secretary of State)
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Old Name
New Name
7. Modification of Premises, Addition of an Optional Premises, or Addition of Related Facility
NOTE: LICENSEES MAY NOT MODIFY OR ADD TO THEIR LICENSED PREMISES UNTIL APPROVED BY STATE AND LOCAL AUTHORITIES.
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(a) Describe chanqe proposed
Addition of a patio to the licensed premises for service of alcohol. Please see attached
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diagram.
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(b) If the modification Is temporary, when will the proposed change:
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Start NSA (mo /day /year) End NSA (mo /day /year)
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NOTE: THE TOTAL STATE FEE FOR TEMPORARY MODIFICATION IS $300.00
NW
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(c) Will the proposed change result in the licensed premises now being located within 500 feet of any public
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or private school that meets compulsory education requirements of Colorado law, or the principal campus
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of any college, university or seminary?
J(If
yes, explain in detail and describe any exemptions that apply) Yes [] No V)
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(d) Is the proposed change in compliance with local building and zoning laws? Yes ® No ❑
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(e) If this modification is for an additional Hotel and Restaurant Optional Premises or Resort Complex
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Related Facility, has the local authority authorized by resolution or ordinance the issuance of optional
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premises? N /AYes❑ No[:]
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G(f)
Attach a diagram of the current licensed premises and a diagram of the proposed changes for the
a
licensed premises.please see attached diagram.
(g) Attach any existing lease that is revised due to the modification. N/A
8. Change of Location
(a) Address of current premises
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City County ZIP
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(b) Address of proposed New Premises (Attach a copy of the deed or lease that establishes possession of
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the premises by the licensee)
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Address
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City County ZIP
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(c) New mailing address if applicable
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Address
City County ZIP
(d) Attach a diagram of the premises showing the area where alcohol beverages will be stored, served,
possessed or consumed. Include food preparation facilities for Hotel and Restaurants.
DR 8442 (09/14/07) Page 4
9. Change of Manager or to Register the Manager of a Tavern or a Hotel and Restaurant liquor license.
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(a) Change of Manager (attach Individual History DR 8404 -1 H/R and Tavern only)
a
Former manager's name
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New manager's name
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(b) Compensation of Mgr. Date of Emp. Exp. Date
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Has manager ever managed a Liquor licensed establishment? ❑ Yes ❑ No
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Does manager have a financial interest in any other liquor licensed establishment? ❑ Yes ❑ No
v
If yes, give name and location of establishment
10. Bed and Breakfast Permit
• Attach a copy of a deed or lease in the exact name of the applicant only, reflecting possession of the permitted area
for at least the minimum duration of this permit (1 year from date of issuance).
• Attach a diagram of the premises which accurately reflects the area where alcohol beverages will be stored, served,
possessed or consumed.
1. Applicant is a:
❑ Corporation ❑ Partnership
W
❑ Individual El Limited Liability Company
a
2. Name of Applicant
3. Trade Name of Establishment (DBA)
Y
4. Address of Premises (specify exact location)
5. State Sales Tax Number Business Phone
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Pursuant to 12 -47 -410, C.R.S., Applicant hereby states that it qualifies for a Bed and Breakfast Permit, in order to serve
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complimentary alcohol beverages, and certifies to the State Licensing Authority:
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That it has no more than 20 sleeping rooms, and
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That it provides at least 1 meal per day at no charge other than for overnight lodging, and
That it does not sell alcohol beverages by the drink or in sealed containers, and
That it will not serve alcohol beverages for more than 4 hours in any one day, as follows:
MONDAY HOURS
TUESDAY HOURS
WEDNESDAY HOURS
THURSDAY HOURS
FRIDAY HOURS
SATURDAY HOURS
SUNDAY HOURS
From: m.
From: m.
From: m.
From: m.
From: m.
From: m.
From: M.
To: M.
To: M.
To: m.
To: M.
To: M.
To: M.
To: M.
OATH OF APPLICANT
I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto,
and that all information therein is true, correct, and complete to the best of my knowledge.
Signat
Titl
�ePrO /J
/wri
Dat
/9 v%D
REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY / COU TY)
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 applicable provisions of Title 12, Articles 46 and 47, C.R.S., as amended.
THEREFORE, THIS APPLICATION IS APPROVED.
Local icensing Authority (City or County)
Date filed with Local Authority
Jv+�_
let 1 o 1 to
Signature
Title
Date
REPORT OF STATE LICENSING AUTHORITY
The foregoing has been examined and complies with the filing requirements of Title 12, Article 47, C.R.S., as amended.
Signature
Title
Date
Riverfront Village Site Flan
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Riverfront Village Site Man
AGREEMENT FOR PATIO
fg,
THIS AGREEMENT FOR PATIO is made this /P day of June, 2010 by and between CONFLUENCE
AND AVON STATION METROPOLITAN DISTRICTS (collectively, "Districts "), on the one hand, and EAST
WEST RESORT, LLC and RIVERFRONT VILLAGE RESTAURANT, LLC (collectively, " Riverfront"), on the
other hand.
RECITALS
Districts own and/or control certain real estate and desire to grant Riverfront the exclusive possession and
control of a portion of said real estate, for alcohol licensing purposes.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Districts and Riverfront hereby agree as follows:
1. Patio: The Districts hereby grant to Riverfront, without compensation of any kind, the exclusive
possession, use and control of the outdoor patio, for alcohol licensing purposes, which is subject to the Modification
of Premises that was submitted and filed by Riverfront to the local licensing authority in June 2010.
2. Term: The term of this Agreement shall be concurrent with the alcohol license that will be issued
on said patio, and shall be renewed contemporaneously with'renewal of said liquor license, unless otherwise agreed
to by the parties.
CONFLUENCE AND AVON STATION METROPOLITAN DISTRICTS:
By:_
Name: And union
Title: President of both
EAST WEST RESORTS, LLC:
By:
Name:
Title'
RIVERFRONT VILLAGE RESTAURANT,
By: _
Name:
Title:
T
To: Avon Liquor Licensing Authority
Thru: Larry Brooks, Town Manager
cc: Eric Heil, Town Attorney
From: Debbie Hoppe, Court Clerk
Date: June 15, 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: Westin Riverfront Resort & Spa
Address: 126 Riverfront Lane
Manager: Bob Trotter
Type: Hotel and Restaurant Liquor License
b. Applicant: Y &Z Inc., d /b /a Nozawa
Address: 240 Chapel Place, BC -115
Manager: Jennifer E. Brosch
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 have been no alcohol related calls for service at Westin Rivererfront during the past
year.
d There have been no alcohol related calls for service at Nozawa 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 OR 3.2 BEER LICENSE
COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION
DENVER, COLORADO 80261
II�eInnII�IInnIdIIn�IJu�IJ�IInnJlul�ldluunlll
EAST WEST RESORT LLC RIVERFRONT VILL
WESTIN RIVERFRONT RESORT & SPA
PO BOX 9550
AVON CO 81620 -9503
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.
OA
I declare under penalty of perjury in the second degree that t
best of my knowledge.
1710
License 42u 5 8 3 7 5- 0 0 0 0
Llcense19'85
Liability Information
44 003 721120 B 080508
Business Location
126 RIVERFRONT LANE
GEAVON CO
Current License Expires
AUG 04, 2010
DEPARTMENTAL USE ONLY
Total Amount Due
Total Paid
ff 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.
This 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 payment.
OF APPLICANT
application and all attachments are true, correct, and complete to
Date
.157//2_
Sales Tax Number
47-- 158
Business Phone
.�77v- 7,pc
The foregoing application has been examined and the premises, business conducted and character of the applicant are satisfactory, and wf
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.
Licensing Auth for
(DVAA,
Date
u.....,<.,: <- «., 4.� •.. .. _ i na MU I Lit tAUtf DO NOT DETACH
DR 8400 (11/09/06) LIQUOR OR 3.2 BEER LICENSE Make check payable to: Colorado Department of Revenue.The State may convert your
COLORADO DEPARTMENT OF REVENUE check to a one time electronic banking transaction Your bank account may be debited as A 7
DENVER,COLORAD080261 RENEWAL APPLICATION early as thesamedayreceivedbytheState If converted, your check will not be returned. L
ff your check is rejected due to Insufficient or uncollected funds, the Department of Rev
o�: a ..,�,...,,n... •k.e ..�.,� -..• ....._..- ..:.v....._ _ .._..- `- -'- - -- - - - - __... ..
Business Name
.._,
LICENSE NUMBER (Use for all reference)
ncwurn eieckromcairy
PERIOD
WESTIN RIVERFRONT
42- 58375 -0000
08 -11
TYPE OF LICENSE ISSUED
CASH FUND STATE FEE
RESORT COMPLEX LIQUOR
CITY 85% OAP
LICENSE WITH RELATED
2320 - 100(999) 1985 - 750(999)
2180 - 100(999)
FACILITY PERMIT - MALT,
VINOUS, AND SPIRITUOUS
$ 50.00 $ 25.00
$ 425.00
SUB -TOTAL $ 50r I0
ADD $100.00 TO RENEW RETAIL WAREHOUSE STORAGE PERMIT2210- 100(999) $
RELATED FACILITY PERMIT $75.00 X_ (NO.OFFACILITIES)1988- 750(999) $ _
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
fn
State License Number
Z- 5S 375 -�SO O
1. 0g Manager
la Tro
Home Address
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: s If rented, expiration date of lease:
0
3. Has there been any change in financial interest (new notes, loans, owners, etc.) since the last annual application? If yes, explain in
Yes
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.
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 attach a detailed
yes, explanation. ` p
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 3.2 beer
❑
renewal of a 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
Wr
from the applicant for renewal of a 3.2 beer or liquor license?
(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 proprietorships, 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
❑ 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 Revised Statute 18 -8 -503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received.
Signature
Printed name
Date /
Avon Police Department
Liquor License Application
Individual Name(s): Trotter, Bob
Name of Business: Westin Riverfront
Type of License: ® Hotel & Restaurant
❑ Special Event Permit
Event Name: n/a
Date of Event: n/a
Location of Business: 126 Riverfront Lane
Avon, Colorado 81620
Date Received: June 14, 2010
Photographs /Fingerprints: ® On File
❑ Special Event — N/A
Investigation by:
® Detective Sergeant Jonathan Lovins
❑ Detective Aurion Hassinger
Date: June 14, 2010
CBI Criminal Investigation (attached): Yes
Local Criminal Investigation: No negative law enforcement contacts
Comments: N/A
Liquor Code Violations in the past calendar year: ❑ Yes ® No
If yes, explain: n/a
Smoking violation in the past calendar year: ❑ Yes ® No
If yes, explain: n/a
® 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.
//P I
4P I
DR 8400(11/09/06) LIQUOR OR 3.2 BEER LICENSE
COLORADO DEPARTMENT OF REVENUE RENEWAL
DENVER, COLORADO 80261
Y &Z INC
NOZAWA SUSHI AND K
POB 218
VAIL CO 81657
This renewal reflects no ch from the last ap-
plication. Complete page 2 file now!
Yes there are changes fro a 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 T
15- 54999-0002
1?70
Liability Information
44 003 722310 C 081709
Business Location
240 CHAPEL PL
AVON CO
Current License Expires
AUG 16, 2010
DEPARTMENTAL USE ONLY
Total Amount Due
Total 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.
This oppllestion for renewal must be returned to your CITY OR
2MMY U mnsing Authority at Wed 45 dsp prior to the
expka-
ign- dater your. to nwd pcense. F gore to do so any remit lu
yourlloenee not being reviewed. Include both pagga of thls renmar
and
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
Date
/,M
Business Phone
� /S L)
SL --o33C
Tltfe
Sales Tax Number
s
- W �ooz
REPORT AND APPROVAL OF CITY OR COUNTY, LICENSING 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 Licen Authority Jor
Date
(I sv.M av�V�
Signature
Title
Attest
__ nn Nf'T n;=rarN nn NIT ncTArru DC NOT D€_azlc
UR 8401 (02(19/09)
COLORADO DEPARTAitENT OF REVENUE
LIOUR ENFORCEMENT DIVISION
1881#41ERCE
^ LAKEWOOD, CO W281
(303) 205-2300 ATTACHMENT TO LIG "nit nit
3.2 BEER LICENSE RENIEWAL 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 F►,r�ti..,,,..
— �- •
rented, expiration date of lease:
3 Has there been any change in financial interest (new notes, loans, owners, etc.) since the last annual application? If yes, explain in
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, pnncipals. or len
(other than licensed financial institutions), been convicted of a crime? If yes, attach a detailed explanation. dens
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
revoked, or had interest in any entity that had an alcoholic beverage license denied, suspended or revoked? If yes, attach a detailed
explanation.
8. Does the applicant, or any of its agents, owners, managers, principals, or lenders (other than licensed financial institutions), have a
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:
(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 100% or more of the issued stock of the Corporation; or any members with
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 32 beer or liquor license?
(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 proprietorships, 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 co (es If necessary.
Each Person must also provide a COPY of their drivers license or state issued Identification card.
P
In lieu of form OR 4679, the undersigned swears or affirms under penalty of perjury under the laws of the State of Colorado
that (ch k one);
I am a United States Citizen
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 Revised Statute 18-8 -503 and it shall constitute a separate criminal offense each time a public benefit is fraudulen rece
tly ived.
natu� A
Yes lk
C
Yes N
Yes
Yes No
❑ [iP
YeU 1
Yes No
❑ Ek
Yes No
El E�e
Printed name
j Date
Avon Police Department
Liquor License Application
Individual Name(s): Brosch, Jennifer E.
Name of Business: Nozawa Sushi & Kitchen
Type of License: ® Hotel & Restaurant
❑ Special Event Permit
Event Name: n/a
Date of Event: n/a
Location of Business: 240 Chapel Place
Avon, Colorado 81620
Date Received: June 14, 2010
Photographs /Fingerprints: ® On File
❑ Special Event — N/A
Investigation by:
® Detective Sergeant Jonathan Lovins
❑ Detective Aurion Hassinger
Date: June 14, 2010
CBI Criminal Investigation (attached): Yes
Local Criminal Investigation: No negative law enforcement contacts
Comments: n/a
Liquor Code Violations in the past calendar year: ❑ Yes ® No
If yes, explain: n/a
Smoking violation in the past calendar year: ❑ Yes ® No
If yes, explain: n/a
® 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.
cl
/ UU
TOWN OF AVON, COLORADO
MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING
HELD JUNE 8, 2010
The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of Avon,
Colorado convened at 5 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. 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.
Matthew Mower, Manager of Wal -Mart Supercenter #1199, was present to comment on some of
the results of the violation, such as the employee was fired immediately and monthly training
workshops has been implemented. There was further discussion about what dates to use to
calculate the fine and it was decided to impose the fines on the dates surrounding the violation
date of April 9, 2010. Mr. Mower agreed to accept the stipulation with dates as recommended,
April 7, 8, 9, 10 11, 2010. Board member Phillips moved to approve the "Stipulated Findings of
Fact, Conclusions and Sanctions Ordee' for the Wal -Mart Stores Inc. d /b /a Wal -Mart
Supercenter#1199 with the dates of April 7, 8, 9, 10, 11, 2010 to be used for calculating the fine.
Board member Carroll seconded the motion and it passed unanimously.
PUBLIC HEARING ON SPECIAL EVENT PERMITS
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; 10 AM until 5 PM
Event Manager: Char Quinn
Chairman Wolfe asked if the application materials were in order; Town Clerk Patty McKenny
noted that all materials were submitted. Marie Shipley, Humane Society representative,
reviewed the event. Chairman Wolfe opened the public hearing, no comments were made, the
hearing was closed. Board member Carroll moved to approve the Special Events Permit for
Eagle Valley Humane Society; Board member Ferraro seconded the motion and it passed
unanimously.
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)
Chairman Wolfe asked if the application materials were in order; Town Clerk Patty McKenny
noted that all materials were submitted. Board member Phillips moved to approve the renewal
of the 3.2% Beer License (Off Premises) license for the Wal -Mart Stores, Inc d /b /a Wal -Mart
Supercenter#1199; Board member Sipes seconded the motion and it passed unanimously.
b. Applicant: TCF 1 d /b /a Zacca Za
Address: 101 Fawcett Road #100
Manager: Paul Ferzacca
Type: Hotel and Restaurant Liquor License
Chairman Wolfe asked if the application materials were in order; Town Clerk Patty McKenny
noted that all materials were submitted. Paul Ferzacca, owner, was present to answer
questions and talk about business at Zacca Za. Board member Carroll moved to approve the
Hotel and Restaurant Liquor License for TCF 1 d /b /a Zacca Za; Board member Phillips
seconded the motion and it passed unanimously.
CONSENT AGENDA
Board member Sipes moved to approve the minutes; Board member Carroll seconded the
motion and it passed unanimously.
a. Minutes from May 25, 2010
b. Resolution No. 10 -06, Resolution Addressing Saltwater Cowboy Violation & Penalties
There being no further business to come before the Board, the meeting adjourned at 5:20 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Secretary
APPROVED:
Rich Carroll
Dave Dantas
Kristi Ferraro
Amy Phillips
Albert "Buz" Reynolds
Brian Sipes
Ron Wolfe
ALB 10.06.08.doc
Page 2 of 2
Memo
To: Avon Local Liquor Licensing A thority
From: Patty McKenny, Town Clerk
cc: Larry Brooks, Town Manager
Eric Heil, Town Attorney
Date: June 17, 2010
Re: Liquor Board Agenda — Resolution No. 10 -07 in the Matter of Wal -Mart Supercenter
#1199 Violation and Penalty
Summary:
Please find attached Resolution No. 10 -07 in the matter of the 3.2% Beer (Off Premises) License for
Wal -Mart Stores, Inc. d /b /a Wal -Mart Supercenter #1199 located at 171 Yoder Avenue. and a recent
liquor law violation. The Resolution memorializes the decision made by the Avon Liquor Authority at
the June 8, 2010 meeting as to the penalty imposed on Wal -Mart for this violation.
Background:
Matthew Mower, manager of Wal -Mart Supercenter #1199, appeared at the last Avon Liquor
Licensing Authority meeting on June 8, 2010 and addressed the complaint from the Avon Police
Department that reported on April 9, 2010 the Licensee or Licensee's employees or agents permitted
activity to occur on or about the Licensed Premises in violation of CRS 12- 47- 901(5)(c), sale of
fermented malt beverage to a person under the age of 21 years by an employee. (Avon Police
Report # 2010- 000238).
Discussion:
Seth Murphy, Attorney representing the Avon Police Department, reviewed the violation and
presented the Stipulated Findings of Fact, Conclusions and Sanctions Order to the Liquor Licensing
Authority. He noted that the representatives of Wal -Mart had agreed to the sanctions outlined in the
document. The attached Resolution No. 10 -07 outlines the matter with the Findings and Conclusions
and the Order for Sanctions. Matthew Mower, manager of Wal -Mart, noted that all employees are
now certified with TIPs training and more rigorous training efforts would be implemented. There was
some discussion about what dates to select for calculating fines in general, as well as for the Wal-
Mart violation. The Avon Liquor Licensing Authority unanimously approved the document.
Town Manager Comments:
Attachments:
Attachment 1: Resolution No. 10 -07, Series of 2010, Resolution making the determination that Wal-
Mart Stores, Inc. d /b /a Wal -mart Supercenter #1199 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 3.2% Beer (Off Premises) License
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 -07
SERIES OF 2010
IN THE MATTER OF THE 3.2% BEER (OFF PREMISES) LICENSE
FOR WAL -MART STORES, INC. D /B /A WAL -MART SUPERCENTER #1199
FOR THE LICENSED PREMISES LOCATED AT 171 YODER AVENUE, AVON, COLORADO
A RESOLUTION MAKING THE DETERMINATION THAT WAL -MART STORES, INC. D /B /A
WAL -MART SUPERCENTER #1199 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 3.2% BEER (OFF PREMISES) LICENSE
WHEREAS, on April 9, 2010 the Town of Avon Liquor Licensing Authority determined
that there is probable cause to believe that the Licensee named above has violated CRS 12-47 -
901(5)(c), sale of fermented malt beverage to a person under the age of 21 years by an
employee.
WHEREAS, Licensee appeared by Matthew Mower, 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(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.
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.
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 Wal -Mart
Supercenter #1199, 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 22nd DAY OF JUNE 2010.
ATTEST:
Patty McKenny, Town Clerk
TOWN OF AVON LIQUOR LICENSING
AUTHORITY
By
Ronald C. Wolfe, Chairman
ALB Res. No. 10 -07 Wal -Mart Store #1199.doc
Page 2 of 2
Wal *Mart (Mon, 7 Jun 201016:40:01 -0500) ( 1e2aOcfa677847dOb3O8e55e9f7Oac76) Fax 19706663757
EXHIBIT A
TOWN OF AVON LIQUOR LICENSING AUTHORITY
AMENDMENT TO
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 G6Licensee ")
Address: 171 Yoder Avenue, Avon, Colorado
On or about May 20, 2010, the parties signed a Findings of Fact, Conclusions and
Sanctions Order (the "Stipulation ") concerning Wal -Mart Supercenter #1199 within the
Town of Avon, Colorado. A hearing was originally scheduled in this matter for May Z3;
2010, and was continued to ,Tune 8, 2010. Due to that continuance, the following
amendment to Stipulation is necessary:
1. Paragraph III.B.V if the Stipulation is hereby amended and restated in its entirety
as follows:
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 CIerk by
no later than June 18, 2010.
2. Except for the amendment set forth above, all other provisions of the Stipulation
shall remain in full force and effect.
and Agrbed to:
Attorney fo xe Tow
f Avon
_j/en o, ATF C pliance Manager
Stores, Inc.
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 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 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.
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 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.
II. 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
1)
III. 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 April 7, 8, 9, 10, 11, 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 18, 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
Stn day of June, 2010.
TOWN OF AVON, COLORADO
LIQUOR LICENSING AUTHORITY
By:
Chairperson
Attest:
Town Clerk
Stipulated and Agreed to:
Seth Murphy, No. 28768
Attorney for the Town of Avon
Jim Renfro, ATF Compliance Manager
Wal -Mart Stores, Inc.