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LA Packet 07-12-2011TOWN OF AVON, COLORADO AVON AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, JULY 12, 2011 w MEETING BEGINS AT 5 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS CHAIRMAN RICH CARROLL VICE CHAIRMAN KRISTI FERRARO BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, TODD GOULDING 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. ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. RENEWAL OF LIQUOR LICENSES a. Applicant: East West Resort LLC & Riverfront Village Restaurant LLC d /b /a Westin Riverfront Resort & Spa Address: 126 Riverfront Lane Manager: Bob Trotter Type of License: Hotel and Restaurant Liquor License b. Applicant: Y &Z, Inc. d /b/ Nozawa Sushi & Kitchen Address: 240 Chapel Place, BC 115 Manager: Jennifer Brosch Type of License: Hotel and Restaurant Liquor License 4. PUBLIC HEARING ON SPECIAL EVENTS PERMIT a. Applicant Name: Vail Amphitheater Corporation Event Name: USA Pro Cycling Challenge Event Date: August 26, 2011; 7 AM until 6 PM Event Manager: Mike Imhof Event Location: Harry A. Nottingham Park Type of License: Malt, Vinous, and Spirituous Liquor b. Applicant Name: Eagle Valley Humane Society Event Name: Dock Dogs Event Date: August 20 and 21, 2011; Noon until 6 PM Event Manager: Char Quinn Event Location: Harry A. Nottingham Park Type of License Malt, Vinous, and Spirituous Liquor S. CONSENTAGENDA: a. Minutes from June 28, 2011 b. Town of Avon Liquor Licensing Authority Order for Sanctions for Violation by Finnegan's Wake Irish Pub, Inc. d /b /a Finnegan's Wake, 82 E. Beaver Creek Blvd. on March 18, 2011 (Case No. 2011 - 000289) 6. ADJOURNMENT Avon Council Meeting.11.07.12 Page 2 of 4 Memo To: Avon Liquor Licensing Authority Thru: Larry Brooks, Town Manager cc: Eric Heil, Town Attorney From: Debbie Hoppe, Court Clerk Patty McKenny, ATM Management Services Date: July 8, 2011 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: East West Resort LLC & Riverfront Village Restaurant LLC d /b /a Westin Riverfront Resort& Spa Address: 126 Riverfront Lane Manager: Bob Trotter Type of License: Hotel and Restaurant Liquor License b. Applicant: Y &Z, Inc. d /b/ Nozawa Sushi & Kitchen Address: 240 Chapel Place, BC 115 Manager: Jennifer Brosch Type of License: 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. The Police Report results are summarized below: a. Westin Riverfront Resort & Spa saw 10 calls for service as noted in the police background report b. Nozawa Sushi & Kitchen saw no calls for service. The Liquor Authority Board has broad discretion to consider any character issues related to the licensee holder at renewal in the same manner as granting a license. There have been various types of behavior, such as failure to pay taxes and fraud that have been held in the courts as valid reason to find the applicant does not possess character. Please find attached the Colorado Liquor Code §12 -47 -302 that sets forth the local authority's ability to hold a hearing on the application for renewal. Both Managers have been invited to attend the meeting; the manager for Nozawa will be out of town next week and unable to come. Financial Implications: There are local and state liquor licensing fees associated with renewal applications that have been submitted to the Town, which have been paid. Town Manager Comments: Attachments: ➢ State of Colorado Forms for Liquor License Renewals ➢ Avon Police Department Background Memo & Incident/ Investigation Report Department of Revenue - Liquor and Tobacco Enforcement: 12 -... Page 1 of 2 COlOradO The official State web Portal Department of Revenue Liquor and Tobacco Enforcement Division Colorado_gov Licenses, Permits and Registration Enforcement State Liquor Licenses Laws and Home Laws and Rules Liquor Liquor Code Part 3: State and Local Licensing 12 -47 -302, Licensing Renewal Rules LMW*" 'Cations Text El 3 12 -47 -302, Licensing Renewal Liquor Beer Code (1) Ninety days prior to the expiration date of an existing license, the Liquor Code state licensing authority shall notify the licensee of such expiration Part 1: General Provisions date by first class mail at the business' last -known address. Part 2: State Licensing Application for the renewal of an existing license shall be made to the Authority local licensing authority not less than forty -five days and to the state Part 3: State and Local licensing authority not less than thirty days prior to the date of Licensing expiration. No application for renewal of a license shall be accepted 12-47 -301. Licensing In by the local licensing authority after the date of expiration, except as General. provided in subsection 12-47 -302, Licensing Renewal (2) of this section, but filing with the local licensing authority shall be 12-47 -303, CRS - Transfer of deemed filing with the state, and all renewals filed with the local Ownership and Temporary Permits licensing authorities prior to expiration, and subsequently approved, shall be processed by the state licensing authority, and the expiration 12- 47-304, State Licensing Authority - Application and date is extended until the state license is processed. The state or the p Issuance Procedures local licensing authority, for good cause, may waive the forty -five- or 12-47 -305 Denial of thirty -day time requirements set forth in this subsection (1). The local Application licensing authority may cause a hearing on the application for 12-47 -306, Inactive Licenses renewal to be held. No renewal hearing provided for by this subsection (1) shall be held by the local licensing authority until a 12-47 -307, Persons Prohibited as Licensees notice of hearing has been conspicuously posted on the licensed 12-47 -308. unlawful Financial premises for a period of ten days and notice of the hearing has been Assistance. provided the applicant at least ten days prior to the hearing. The 12-47 -309. Local Licensing licensing authority may refuse to renew any license for good cause, Authority - Applications- subject to judicial review. Any renewal hearing held by the state Optional Premises Licenses. licensing authority shall be pursuant to section 12-47 -305 (2). 12-47 -310. Optional (2) (a) Notwithstanding the provisions of subsection (1) of this Premises License -Local Option. section, a licensee whose license has been expired for not more than ninety days may file a late renewal application upon the payment of a 12-x Public Notice- Posting Posting and Publication. nonrefundable late application fee of five hundred dollars to the local licensing authorities. A licensee who files a late renewal application 12-47 -312, Results of Investigation - Decision of and pays the requisite fees may continue to operate until both state Authorities and local licensing authorities have taken final action to approve or 12-47 -313. Restrictions for deny such licensee's late renewal application. Applications for New License. (b) No state or local licensing authority shall accept a late renewal Part 4: Classes of Licenses application more than ninety days after the expiration of a licensee's http: / /www.colorado.gov /cs /Satellite ?c = Page &cid = 121058331114... 7/8/2011 Department of Revenue - Liquor and Tobacco Enforcement: 12 -... Page 2 of 2 dnu reimiuw Part 5: License Fees and Excise Taxes Part 6: Disciplinary Actions Part 7: Inspection of Books and Records Part 8: Judicial Review and Civil Liability Part 9: Unlawful Acts /Enfocement Part 10: Responsible Alcohol Beverage Vendor Act Special Events Permits Code Code Of Regulations, 1 C.C,R 203 -2 Tobacco permanent annual license. Any licensee wnose permanent annual license has been expired for more than ninety days must apply for a new license pursuant to section 12-47 -311 and shall not sell or possess for sale any alcohol beverage until all required licenses have been obtained. (c) Notwithstanding the amount specified for the fee in paragraph (a) of this subsection (2), the state licensing authority by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24- 75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the state licensing authority by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24- 75-402 (4), C.R.S. State Home Revenue Home Divisions Privacy and Security Policy Contact Us Locations © 2011 State of Colorado, Denver. CO http: / /vvww.colorado.gov /cs /Satellite ?c = Page &cid = 121058331114... 7/8/2011 DR 8400(11 /09/06) LIQUOR OR 3.2 BEER LICENSE COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION DENVER, COLORADO 80261 III III u III III Ito t611Ltt loll t III l III tttrtllttl gill lt III tgill EAST WEST RESORT LLC RIVERFRONT VILLA WESTIN RIVERFRONT RESORT & SPA PO BOX 9550 AVON CO 81620 -9503 Ne 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 42- 58375 -0000 License T 1T85 Uablllty Information 44 003 721120 B 080508 Business Location 126 RIVERFRONT LANE GEAVON CO Current License Expires AUG 04, 2011 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. Is lication for renewal must be returned to your CITY OR Licensing Authority at least 45 days prior to the expira- of your current license. Failure to do so may result In nse not being renewed. Include both pages of this renewal 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. Author I Dat 61-271 Business Phone '7 -- Title Sales Tax Number REPOR 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 Licensing Authority for Date Signature Title Attest — DO NOT DETACH DO -NOT DETACH DO NOT DETACH DR 8400 (11/09/06) LI @UOR 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 electrons banking transaction. Your hank account may be debited as RENEWAL APPLICATION earlyasthesameday received bytheState. IFconverted , your check will not beretumed. 21 DENVER, COLORADO 80261 If your check is rejected due to Insufficient or uncollected funds, the Department of Rev- enue may collect the Davment amount directiv from vour banking account AP.M gM-11v Business Name WESTIN RIVERFRONT LICENSE NUMBER (Use for all reference) 42- 58375 -0000 PERIOD 08 -12 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 $ 500.00 ADD $100.00 TO RENEW RETAIL WAREHOUSE STORAGE PERMIT2210- 100(999) $ RELATED FACILITY PERMIT $75.00 X_ (NO.OFFACILITIES)1988- 750(999) $, .E 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 ` � State License Number 111P41,1.1 � t V � A it .� 4L-7 — %0',7G -/VVN .. 1. Operating Manager V :J t �.✓ Home rreess t Ci vvt.� �! I 270-7_;�/Y_21 B� Sd4 w 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: 0LkDYi9, C4 - If rented, expiration date of lease: 91 El 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. 4sN 4. 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 convicted of a crime? If yes, attach a detailed explanation. E-] V 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 ❑ LIAJ 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. 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 liquor El renewal of a or 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 El A 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): it 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 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 ,.7p Avon Police Department Liquor License Application Individual Name(s): Bob Trotter Name of Business: Westin Riverfront Resort and Spa Type of License: X Hotel & Restaurant Special Event Permit Event Name: Date of Event: Location of Business: 126 Riverfront Lane Avon, Colorado 81620 Date Received: 07/07/2011 Photographs /Fingerprints: X On File Special Event — N/A Investigation by: ❑ Detective Sergeant Jonathan Lovins X Detective Jeremy Holmstrom Date: 07/07/2011 CBI Criminal Investigation (attached): Local Criminal Investigation: There were ten calls for service to the Westin from 07/07/10 to 07/07/11. These calls were mostly minor disturbances that were brought to the attention of Police by staff. These calls all involved intoxicated parties. It is noted that ten calls for service is not uncommon for a resort the size of the Westin. Comments:. It is noted that there was only one call for service to the Westin that involved a liquor violation. Liquor Code Violations in the past calendar year: X Yes No If yes, explain: A bottle of wine was supplied to a quest after 0; Smoking violation in the past calendar year: ❑ Yes X No If yes, explain: X 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. DR 8400 (11/09/06) LIQUOR OR 3.2 BEER LICENSE COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION DENVER, COLORADO 8026 i Y &Z INC NOZAWA SUSHI AND KITCHEN POB 218 VAIL CO 81657 ID/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 License; l5u 54999 -0002 �p70 Liability Information 44 003 722310 C 081709 Business Location 240 CHAPEL PL AVON CO Current License Expires AUG 16, 2011 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. This application for renewal must be returned to your CITY OR COUNTY Licensing Authority at least 45 days prior to the expira- 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. 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. Signature ,, Date Business P one IV /�/`� // -033v Title Sales Tax Number LIQUOR LICENSE - MALT, 9 -aoo2- 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 Licensing Authority for Date Q $ 50.00 Signature Title Attest DR 8400 (11/09/06) LIQUOR OR 32 BEER LICENSE Make check payable to: Colorado Department of Revenue.The State may convert your COLORADO DEPARTMENT ENT OF REVENUE check to a one time electronic banking transaction. Your bank account may be debited as 2 RENEWAL APPLICATION earyas the same day received by the State. if converted, your check will not be returned. DENVER, COLORADO 80261 If your check Is rejected due to Insufficient or uncollected funds, the Department of Rev- Business Name NOZAWA SUSHI AND LICENSE NUMBER (Use for all reference) 15- 54999 -0002 PERIOD 08 -12 TYPE OF LICENSE ISSUED CASH FUND STATE FEE HOTEL AND RESTAURANT CITY 85% OAP LIQUOR LICENSE - MALT, 2320 - 100(999) 1970 - 750(999) 2180-100(999) VINOUS, AND SPIRITUOUS $ 50.00 $ 25.00 $ 425.00 SUB -TOTAL $ 500.00 ADD $100.00 TO RENEW RETAIL WAREHOUSE STORAGE PERMIT2210-100(999) $ TOTAL AMOUNT DUE $5ro ..Lo DR 8401 (02119/09) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE LAKEWOOD, Cb 80261 (303) 205 -2300 ATTACHMENT TO LIQUOR OR 3.2 SEER 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. I Trade Name of Establishment State License Number Z IHC 1. Operating Manager Home Address Lo Date of Birth 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:_ If rented, expiration date of lease: o %i(. e 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. No ❑ 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 detailed rte/,/ ❑ yes, a 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 3.2 beer liquor El renewal of a or 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 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 F] 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 ---------- C Printed name Date I Avon Police Department Liquor License Application Individual Name(s): Jennifer E. Brosch Name of Business: Nozawa Sushi and Kitchen Type of License: X Hotel & Restaurant Special Event Permit Event Name: Date of Event: Location of Business: 240 Chapel PI Avon, Colorado 81620 Date Received: 07/07/2011 Photographs /Fingerprints: X On File Special Event - N/A Investigation by: ❑ Detective Sergeant Jonathan Lovins X Detective Jeremy Holmstrom Date: 07/07/2011 CBI Criminal Investigation (attached): Local Criminal Investigation: There were no criminal problems found. Comments: Liquor Code Violations in the past calendar year: ❑ Yes X No If yes, explain: Smoking violation in the past calendar year: ❑ Yes XNo If yes, explain: X 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. MEMO TO: AVON LIQUOR LICENSING AUTHORITY THRU: LARRY BROOKS, TOWN MANAGER CC: ERIC HEIL, TOWN ATTORNEY FROM: DEBBIE HOPPE, COURT CLERK PATTY MCKENNY, ATM MANAGEMENT SERVICES DATE: JULY 78 2011 RE: SPECIAL EVENT PERMITS — PUBLIC HEARINGS SUMMARY: The Town Council serving as the Local Liquor Authority will consider the following special event permit; a public hearing is required before final action is taken on this application. 1. Applicant: Eagle Valley Humane Society Event Name: Dock Dogs Event Date: August 20, 2011 Event Manager: Char Quinn Event Location: Harry A. Nottingham Park Type of Permit: Malt, Vinous & Spirituous Liquors Applicant: Event Name: Event Date: Event Manager: Event Location: Type of Permit: BACKGROUND: Vail Amphitheater Corporation U.S.A. Pro Cycle Challenge August 26, 2011 Mike Imhof Harry A. Nottingham Park Malt, Vinous & Spirituous Liquors 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: There are two applications for special event permits as reflected above. The applicants have 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. Please note because the Eagle Valley Human Society applicants already had a background check for the Salute USA event, there is not a report attached for that item. The event managers will be present to answer questions about the applications. 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: ✓ Application for a Special Events Permits (State form DR 8439) ✓ Diagram where liquor will be served ✓ Alcohol Management Plans ✓ Certificates of Good Standing ✓ Police Report on Background Checks ✓ Related state & local Fees Page of 2 2 Memo to Local Liquor Authority DR 8439 (06/28/06) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 (303) 205 -2300 APPLICATION FOR A SPECIAL Department Use Only EVENTS PERMIT 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 2110❑✓ MALT, VINOUS AND SPIRITUOUS LIQUOR $25.00 PER DAY LIQUOR PERMIT NUMBER 2170 F—] FERMENTED MALT BEVERAGE (3.2 Beer) $10.00 PER DAY 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE State Sales Tax Number (Required) Eagle Valley Humane Society 2. MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE 3. ADDRESS OF PLACE TO HAVE SPECIAL EVENT (include street, cityAown and ZIP) (include street, cityRown and ZIP) P.O. Box 4105 Nottingham Lake Eagle, Colorado Avon, CO 81620 NAME DATE OF BIRTH HOME ADDRESS (Street, City, State, ZIP) PHONE NUMBER 4. PRES./SEC'Y OF ORG. or POLITICAL CANDIDATE William Loper 1/30/27 784 Potato Patch Dr, Vail, CO 81657 476 -4482 5. EVENT MANAGER Char Quinn 3/29/73 3985 HWY 131 McCoy, CO 80463 280 -5738 6. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEEN 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? ❑ NO 21 YES HOW MANY DAYS? 4 © NO ❑ YES TO WHOM? 8. DOES THE APPLICANT HAVE POSSESSION OR WRITTEN PERMISSION FOR THE USE OF THE PREMISES TO BE LICENSED? V] Yes ❑ No LIST BELOW THE EXACT DATE(S) FOR WHICH APPLICATION IS BEING MADE FOR PERMIT Date August 20th, 201LHours ugust 21st, 2011 Date Date Date Hours From Noon .mFrom Noon m. Hours From ='-n Hours From m. Hours From m. To 6 m mTo 6 m m. To 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 in matiop therein is true, correct, and complete to the best of my knowledge. SIGNATU E TITLE �^ �jT'E �J 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 LI NSING AUTHORITY (CITY OR COUNTY) CITY TELEPHONE NUMBER OF CITY /COUNTY CLERK ❑ couNTY 19 76 - -7 L- l & 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) EAGLE VALLEY HUMANE SOCIETY ALCOHOL MANAGEMENT PLAN Qeu5k( aadx� x', zorr This event will be held at Nottingham Lake. There will be tX entrance and exit into the Beer Garden. (see attached map) Only TIPS trained people will serve beer. Staff will be used for preparation. A security company will handle the perimeter. There will be two stationed at the entrance and exit at all times. (see attached map) Anyone who looks under the age of 40 will have their id's checked. All carded individuals will be given wrist bands. Only individuals with wrist bands will be served beer. -�ece ,,111 lot a MLA, U,k � 5 secuc� LJ myn� Entrance and exit has "no alcohol beyond this point" signs posted. Security will not allow any alcohol in or out of the Beer Garden. w�,l b � 4C e ujed -�o SQ�� �de25 -o r� o OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Scott Gessler, 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 06/20/2011 that have been posted, and by documents delivered to this office electronically through 06/22/2011 @ 12:45:53. 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 06/22/2011 @ 12:45:53 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7976394. Secretary of State of the State of Colorado of 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 of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretory of State's Web site, http:,,%»rir.sos. state. co. rtsibi :iCertificaieSearchCriteriado entering the certificate's confirmation number displayed on the certificate, and fo/ /awing the instructions displayed. Confirming the issuance of a certificate is mere %ptiona/ and is not necessaryto the valid and effective issuance o a certificate. For more information, visit our Web site, http: ' www.sos.state.Co.us/ click Business Center and select "Frequently Asked Questions. " CERT GS D Reused 08.202008 DR 8439 (06/28/06) Department Use Only LIQUOR ENFORCEMENT DIVISION REVENUE APPLICATION FOR A SPECIAL LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET EVENTS PERMIT DENVER CO 60261 mm 9ns_9znn IN ORDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NONPROFIT AND ONE OF THE FOLLOWING (See back for details.) n./ 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 2110 © MALT, VINOUS AND SPIRITUOUS LIQUOR $25.00 PER DAY LIQUOR PERMIT NUMBER 2170 F-] FERMENTED MALT BEVERAGE (3.2 Beer) $10.00 PER DAY 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE State Sales Tax Number (Required) Vail Amphitheather Corporation 09 -66275 2. MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE 3. ADDRESS OF PLACE TO HAVE SPECIAL EVENT (include street, city/town and ZIP) (include street, city/town and ZIP) PO Box 309 Nottingham Park Vail, CO 81658 90 Lake Street Avnn. C0 R1620 D NAME DATE OF BIRTH HOME ADDRESS (Street, City, State, ZIP) PHONE NUMBER 4. PRES./SEC'Y OF ORG. or POLITICAL CANDIDATE Ceil Folz 12.28.52 0500 Lariat Loop, Edwards, CO 81632 970- 949 -1999 5. EVENT MANAGER Mike Imhof 03.23.68 3038 Wildridge Rd, Avon, CO 81620 970 - 949 -1999 6. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEEN 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? NO [Z YES HOW MANY DAYS? 3 © 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 Fri Aug 26th, 2011 Date Date Date Date Hours From 7arn M. Hours From m. Hours From M. Hours From m. Hours From M. To 6 m M. To m. To m. To m. To M. OATH OF APPLICANT I declare under penalty of perjury in the second degree that 1 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. SIGNATURE TITLE DATE 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. LOCfjL'CIEENSING AUTHORITY (CITY OR COUNTY) �° C� TELEPHONE NUMBER OF CITY/COUNTY CLERK ( pl olV(7Y` ❑ COUNTY SIGNATURE — " TITLE I 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) J' to l ` Q) d •N 13' N 1I = psi I�2 I I 4'ti NQJ � W c1 (/ .2011 2011 USA Pro Cycling Challenge Avon Start August 26th, 2011 LIQUOR PERMIT ADDENDUM General Information: The USAPCC is a seven -day pro cycling event taking place from August 22' — 28' , 2011. Festivities in Avon are part of the seven day event and will be comprised of a Start to one of the stages. Festivities in Avon are centered around Nottingham Park and Lake St. Avon, Fri, August 26th, 2011: Races and activities during the event open at various times throughout the event. Set -up of the venue will begin on Thursday, August 25th and tear down will take place on Friday, August 26th after the event. Requested Liquor Permitted Area and Times: (Please reference attached diagram for detail.) The area being requested for a Special Event Liquor License by the Vail Amphitheater Corporation is inclusive of Nottingham Park and Portions of Lake Street and extending East towards the Avon Rec Center Hours of operation being requested are from 7:OOam until 6:00pm for the day of Fri, August 26th. These hours are built in for delivery and removal of the product. Security: Vail Amphitheater Corporation shall provide security to manage and monitor all access/egress points within the licensed area. Security shall be in place 15 minutes before liquor service begins and until one -half hour after beer service ends. Vail Amphitheater Corp. will also provide security to provide all ID checks for all persons wanting to consume alcohol. PF ✓so„ Beer, Spirits and Wine serving / sampling and hours of operation: • Location of sales and sampling o See attached map for reference. • Service areas — Tent canopies as well as a refrigerator truck equipped with tables, cups, and signs. • Proof of legal age shall be required of anyone wishing to consume alcohol and shall be conducted by hired TIPS Trained beverage servers. • Service hours - o August 26th: 11:00am — 3:00pm • Hours requested on the permit application 7:00am to 6:00pm. These hours are built in for delivery and removal of product. Anticipated Attendance: The anticipated attendance for Avon event is 10,000 — 15,000 Licensed Area Boundaries: A majority of the licensed area is self-contained being developed or natural boundaries. The areas which are not bordered by such boundaries shall be controlled by barricades and/or ropes with security personnel managing key points and ingress/ egress areas. OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, VAIL AMPHITHEATER CORPORATION is a Nonprofit Corporation formed or registered on 12/14/1992 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 19921119279. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 06116/2011 that have been posted, and by documents delivered to this office electronically through 06120/2011 @ 16:14:29. 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 06/20/2011 @ 16:14:29 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7974473. ************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *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 of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site, htta:il vww.sos. state. co. us/ bizlCertiticateSearchCriteria .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 of a certificate. For more information, visit our Web site, http www.sos.state, co us click Business Center and select "Frequently Asked Questions. " CERT GS —D Revised 0812011008 Avon Police Department Liquor License Application Individual Name(s): Cecelia Folz Name of Business: Vail Amphitheater Corporation Type of License: ❑ Hotel & Restaurant X Special Event Permit Event Name: USA Pro Cycle Challenge Date of Event: 08/26/2011 Location of Business: Avon, Colorado 81620 Date Received: 07/07/2011 Photographs/Fingerprints: ❑ On File X Special Event — N/A Investigation by: ❑ Detective Sergeant Jonathan Lovins X Detective Jeremy Holmstrom Date: 07/07/2011 CBI Criminal Investigation (attached): Local Criminal Investigation: There were no criminal problems found on either party. Comments: Liquor Code Violations in the past calendar year: ❑ Yes X No If yes, explain: Smoking violation in the past calendar year: ❑ Yes XNo If yes, explain: X 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. Avon Police Department Liquor License Application Individual Name(s): Mike Imhof Name of Business: Vail Amphitheater Corporation Type of License: ❑ Hotel & Restaurant X Special Event Permit Event Name: USA Pro Cycle Challenge Date of Event: 08/26/2011 Location of Business: Avon, Colorado 81620 Date Received: 07/07/2011 Photographs/Fingerprints: ❑ On File X Special Event — N/A Investigation by: ❑ Detective Sergeant Jonathan Lovins X Detective Jeremy Holmstrom Date: 07/07/2011 CBI Criminal Investigation (attached): Local Criminal Investigation: There were no criminal problems found on either party. Comments: Liquor Code Violations in the past calendar year: ❑ Yes X No If yes, explain: Smoking violation in the past calendar year: ❑ Yes XNo If yes, explain: X 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. TOWN OF AVON, COLORADO MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING HELD JUNE 28, 2011 The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of Avon, Colorado convened at 5:45 PM at the Avon Town Hall, One Lake Street, Avon, Colorado. A roll call was taken and Board members of the Authority present were Rich Carroll as Chairperson, and Board members Dave Dantas, Chris Evans, Kristi Ferraro, Todd Goulding, Amy Phillips, and Buz Reynolds. SHOW CAUSE HEARING - CONTINUED a. Liquor License Violation: Avon Police Incident Report Case No. 2011 - 000289 Establishment Name: Finnegan's Wake Irish Pub, Inc. d /b /a Finnegan's Wake Address: 82 E. Beaver Creek Blvd. Manager: Maggie Parker Date Reported: 03/17/11 Seth Murphy, attorney representing the Avon Police Department, and Lieutenant Greg Daly provided a review of the violation that occurred at Finnegan's on the evening / early morning of March 17, 2011. There was an executed "Stipulation of Findings of Fact and Admission of Violation" submitted by Maggie Parker, owner of Finnegan's Wake Irish Pub, and Mr. Murphy which reflected that Finnegan's admitted to violating C.R.S. § 12 -47 -901 (5)(c), selling an alcoholic beverage to a visibly intoxicated person, and C.R.S. §12 -47 -901 (1)(a), selling an alcoholic beverage to an underage person. There were questions asked which were answered by Ms. Parker. After some lengthy discussion Chairman Reynolds moved to approve a five (5) day suspension of Finnegan's Wake hotel and restaurant liquor license which would then be held in abeyance for one (1) year provided that no other violations of the Colorado State Liquor Code occurred during that time. Chairman Ferraro seconded and it passed unanimously. RENEWAL OF HOTEL AND RESTAURANT LIQUOR LICENSE Establishment Name: Finnegan's Wake Irish Pub, Inc. d /b /a Finnegan's Wake Address: 82 E. Beaver Creek Blvd. Manager: Maggie Parker Chairman Carroll noted that the application materials were in order as confirmed by the Town Clerk. After some brief review of the recent violation a motion was made by Board member Phillips to approve the renewal of the hotel and restaurant liquor license for Finnegan's Wake Irish Pub LLC d /b /a Finnegan's Wake Irish Pub. Board member Evans seconded the motion and it passed unanimously. CONSENT AGENDA Board member Reynolds moved to approve the consent agenda; Board member Phillips seconded the motion and it passed unanimously. a. Minutes from June 14 24, 2011 There being no further business to come before the Board, the meeting adjourned at 6:25 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Secretary APPROVED: Rich Carroll Dave Dantas Chris Evans Kristi Ferraro Todd Goulding Amy Phillips Albert "Buz" Reynolds ALB 11.06.28 Page 2 of 2 CONFIDENTIAL AND PRIVILEGED ATTORNEY CLIENT COMMUNICATION TO: Avon Liquor Authority Board CC: Larry Brooks, Town Manager FROM: Meredith Van Horn, Assistant Town Attorney RE: Finnegan's Wake Liquor License Violation DATE: July 6, 2011 Summary: On June 9, 2011 Finnegan's Wake agreed to a Stipulated Findings of Fact and Admission of Violation from an incident on March 18, 2011. In the Stipulation Finnegan's Wake admitted to violating C.R.S. §12 -47 -901 (5)(c), selling an alcoholic beverage to a visibly intoxicated person, and §12- 47- 901(1)(a), selling an alcoholic beverage to an underage person. At the June 27, 2011 hearing of the Liquor Authority Board it was decided that the sanctions for the violation should be a five (5) day suspension of Finnegan's Wake's liquor license which will be held in abeyance for one (1) year provided that no other violations of the Colorado State Liquor Code occur during that time. Attached to this memo is an Order for Sanctions detailing the five (5) day suspension to be held in abeyance for one (1) year. Proposed Motion: "I move to approve the Order for Sanctions ordering suspension of Finnegan's Wake's liquor license for five days to be held in abeyance for one year provided that there are no other violations during that time." Thank you, Meredith Heil Law & Planning, LLC Office: 303.993.4608 2696 South Colorado Blvd., Suite 550 Fax: 720.836.3337 Denver, CO 80222 E -Mail: Meredith @heiilaw.com TOWN OF AVON LIQUOR LICENSING AUTHORITY ORDER FOR SANCTIONS In the Matter of the Hotel and Restaurant Liquor License of Finnegan's Wake Irish Pub LLC d/b /a Finnegan's Wake Irish Pub for the Licensed Premises Located at 82 East Beaver Creek Boulevard Avon, Colorado This matter comes before the Town of Avon Local Liquor Licensing Authority ( "Liquor Authority ") upon the Authority's Notice of Hearing and Order to Show Cause, dated May 10, 2011, and Stipulated Findings of Fact and Admission of Violation, dated June 9, 2011, copies of which were mailed to the representative -of- record for Finnegan's Wake Irish Pub ( "Licensee ") by certified mail, return receipt requested. I. INTRODUCTION Section 12 -47 -601, C.R.S. and 1 C.C.R. 203 -2, Regulation 47 -600 empower the Liquor Authority to conduct a hearing whenever a written complaint is made charging a licensee or its agents, servants or employees, of a violation of any laws or rules or regulations adopted by the State Licensing Authority. After investigation and public hearing, at which the licensee shall be afforded an opportunity to be heard, if a finding is made that a violation has occurred, the Liquor Authority is authorized to consider whether to suspend or revoke a liquor or beer license. On June 27, 2011, the Liquor Authority accepted the Stipulated Findings of Fact and Admission of Violation signed by Licensee and has herein determined the appropriate sanctions. II. ORDER FOR SANCTIONS Relying upon the stipulations as set forth in the Stipulated Findings of Fact and Admission of Violation, the Liquor Authority orders as follows: 1. Licensee's above - referenced Town of Avon Liquor License shall be, and is HEREBY SUSPENDED for a period of five (5) business days. The five (5) day suspension shall be imposed and served as follows: A. The Licensee agrees that the five (5) day suspension shall be held in abeyance for a period of one (1) year from the date of approval of this Order by the Liquor Authority, pending no further violations of the Colorado State Liquor Code during this time period. 2. If at any subsequent hearing or stipulation in lieu of hearing the Liquor Authority should find that the Licensee, during the aforesaid one -year suspension period, violated any provision to the Colorado State Liquor Code, including all regulations thereunder, or any portion of the Town of Avon Municipal Code or this Stipulation and the obligations imposed herein on the Licensee by the Liquor Licensing Authority, then the Liquor Authority shall, in addition to any other penalty imposed, order the Licensee to serve all days of suspension suspended hereunder without further notice, pursuant to this Order. The Liquor Authority shall determine the specific days of suspension to be served at the time of taking action to order the Licensee to serve all days of suspension. This Order shall not be effective unless it is accepted and approved by the Liquor Authority. IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office on July 12, 2011. BY: Liquor Licensing Authority Chair ATTEST: BY: TOWN CLERK STIPULATED AND AGREED TO: Counsel for the Town Counsel or Authorized Representative for Licensee