LA Packet 08-09-2011TOWN OF AVON, COLORADO V ? 7111w,01
U R
AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, AUGUST 9, 2011
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. PUBLIC HEARING: REPORT OF CHANGES: MODIFICATION OF PREMISES
a.. Applicant: Yerf LLC d /b /a Ticino Restaurant
Address: 100 W. Beaver Creek Blvd, Unit 127
Manager: Charles Frey
Type: Hotel and Restaurant Liquor License
b. Applicant: China Garden Inc, d /b /a China Garden
Address: 100 W. Beaver Creek Blvd, Unit 125
Manager: Sharon Mou
Type: Hotel and Restaurant Liquor License
4. RENEWAL OF LIQUOR LICENSES
a. Applicant: China Garden Inc. d /b /a China Garden
Address: 100 W. Beaver Creek Blvd, Unit 125
Manager: Sharon Mou
Type: Hotel and Restaurant Liquor License
S. CONSENT AGENDA:
a. Minutes from July 12, 2011
6. ADJOURNMENT
Avon Council Meeting.11.08.09
Page 3 of 5
Memo
To: Avon Liquor Licensing Authority
Thru: Larry Brooks, Town Manager
Eric Heil, Town Attorney
From: Debbie Hoppe, Court Clerk, Patty McKenny, Asst. Town Manager Management Services
Date: August 4, 2011
Re: Public Hearing on Report of Changes — Modification of Premises for Ticino Italian Restaurant &
China Garden
Summary:
The Town Council serving as the Local Liquor Licensing Authority will consider a Permit Application & Report
of Changes for two applications that are reporting a modification of premises as listed below, both applicants
are located at the Avon Center:
a. Applicant: Yerf LLC d /b /a Ticino Italian Restaurant
Address: 100 W. Beaver Creek Blvd, Unit 127
Manager: Charles Frey
Type: Hotel and Restaurant Liquor License
b. Applicant: China Garden Inc. d /b /a China Garden
Address: 100 W. Beaver Creek Blvd, Unit 125
Manager: Sharon Mou
Type: Hotel and Restaurant Liquor License
Background:
Both applicants have submitted the required materials for making this request to the Avon Local Authority
and the State of Colorado Liquor Enforcement Division. It should be noted that both parties were recently
before the liquor board (June 2011) and have received liquor licensing approvals for the following:
➢ Transfer of ownership to YERF, LLC d /b /a Ticino's Italian Restaurant (owner Charles Frey) which
already included in the patio area
➢ Modification of Premises for China Garden Inc. d /b /a China Garden for addition of patio area on
town owned property (owner Sharon Mou)
Discussion:
A review was made of the following exhibits that make up the modification of premises applications:
Exhibit A: The State's Permit Application & Report of Changes form
Exhibit B: The diagrams of the licensed premises currently and proposed (which adds the extended patio
area)
Exhibit C: The Revocable License Agreement which allows the establishment owner the use of the town
owned property as the patio space
The Town has been making some improvements to the mall area which will be detailed at the work session
on August 9h. The Town along with Avon Center HOA and the restaurant owners discussed some further
modifications to the area and patios spaces at the two restaurants. Ticino Italian Restaurant's patio was
extended to include a total of 885 square feet and China Garden's patio was poured to include 795 total
square feet. As a result of these expanded patio areas from the original requests, the Town & State will now
consider the modification of premises applications to allow for liquor service to those extended areas.
Please note that the boundaries of the two patios will include landscaping between the two restaurant patio
spaces and steel fencing around the rest. Both patio areas are on town owned property. Site plans have
been submitted for the modification of premises which outlines the location of the new area to be included
as "new licensed premises ". The Revocable License Agreement documents satisfy the possession of the
premises requirement of the Liquor Code; these will be executed by the Town Manager & Town Attorney
prior to the meeting. The applicants will be present to answer any questions. The agenda notes a public
hearing for these two changes in case there is any public input. 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 local fees associated with this type of liquor licensing application; the applicant has submitted these
fees.
Town Manager Comments:
Attachments:
Exhibit A: The State's Permit Application & Report of Changes form
Exhibit B: The diagrams of the licensed premises currently and proposed (which adds a patio area)
Exhibit C: The Revocable License Agreement which allows the establishment owner the use of the town
owned property as the patio space
Report of Changes: Modification of Premises Page 2
DR 8442 (09/24/09) Page 1
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
DENVER, COLORADO 80261
(303 }205.2300
PERMIT APPLICATION
AND REPORT OF CHANGES
FOR DEPARTMENT USE ONLY
CURRENT LICENSE NUMBER
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
1. Applicant is a
❑ Corporation ..................................... ❑ Individual
❑ Partnership ........ .............................. [Deim- ited Liability Company
2. Name of Licensee 3. Trade Name
e
4.1-o ion Addillerss
cc 19 JJA
City
County ZIP
� \) a�n
6
SELECT THE APPROPRIATE SECTION BELOW AND PROCEED TO THE INSTRUCTIONS ON PAGE 2.
Section .
2210 -100 (999) El Retail Warehouse Storage Permit (ea) $100.00
• License Account No.
El
2200 -100 (999) Wholesale Branch House Permit (ea).... 100.00
1983 -750 (999) El Manager's Registration (Hotel & Restr.)..$75.00
2260 -100 (999) ❑ Change Corp. or Trade Name Permit (ea) . 50.00
2012 -750 (999) ❑ Managers Registration (Tavem) ..............$75.00
❑ Change of Manager (Other Licenses) NO FEE 2230 -100 (999) ❑ Change Location Permit (ea) ..................150.00
2280 -100 (999) C4°eiange, Alter or Modify Premises
$150.00 x Total Fee
Section B — Duplicate License
2220 -100 (999) ❑ Addition of Optional Premises to Existing H/R
• Liquor License No. $100.00 x Total Fee
2270 -100 (999) ❑ Duplicate License ...........................$50 00 1988 -100 (999) ❑ Addition of Related Facility to Resort Complex
$75.00 x Total Fee
DO NOT WRITE IN THIS SPACE — FOR DEPARTMENT OF REVENUE USE ONLY
DATE LICENSE ISSUED
LICENSE ACCOUNT NUMBER
PERIOD
The State may convert your check to a one time electronic banking transaction.
Your bank account may be debited as early as the same day received by the
State. If converted, your check will not be returned. If your check is rejected TOTAL
-750(999)
-100 (999)
due to insufncient or uncollected funds, the Department of Revenue may collect
the payment amount directly from your bank account electronically. AMOUNT DUE
$ .00
DR 8442 (09/24/09) Page 2
INSTRUCTION SHEET
❑ Section A
To Register or Change Managers, check the appropriate box in section A and complete question
8 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
Fora 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.
❑ 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 4 and complete question 9. Submit the necessary information and
proceed to page 4 for Oath of Applicant signature.
5) For Optional Premises or Related Facilities go to page 4 and complete question 9. 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 7. Submit the necessary information and
proceed to page 4 for Oath of Applicant signature.
DR 8442 (09/24/09) Page 3
5. Retail Warehouse Storage Permit or a Wholesalers Branch House Permit
❑ Retail Warehouse Permit for:
❑ On— Premises Licensee (Taverns, Restaurants etc.)
' ❑ Off— Premises Licensee (Liquor stores)
❑ Wholesalers Branch House Permit
- Address of storage premise:
City , County Zip
Attach a deed/ lease or rental agreement for the storage premises.
Attach a detailed diagram of the storage premises.
6. Change of Trade Name or Corporation Name
❑ Change of Trade name / DBA only
❑ Corporate Name Change (Attach the following supporting documents)
1. Certificate of Amendment filed with the Secretary of State, or
2. Statement of Change filed with the Secretary of State, an
3. Minutes of Corporate meeting, Limited Liability Members meeting, Partnership agreement.
•
' Old Trade Name
New Trade Name
Old Corporate Name
New Corporate Name
7. Change of Location
NOTE TO RETAIL LICENSEES: An application to change location has a local application fee of $750 payable to your local licensing
authority. You may only change location within the same jurisdiction as the original license that was issued. Pursuant to 12-47-
311 (1) C.R.S. Your application must be on file with the local authority thirty (30) days before a public hearing can be held.
Date filed with Local Authority Date of Hearing
(a) Address of current premises
• City County Zip
(b) Address of proposed New Premises (Attach copy of the deed or lease that establishes possession of the
premises by the licensee)
Address
City County Zip
(c) New mailing address if applicable.
Address
City County State Zip
(d) Attach detailed diagram of the premises showing where the alcohol beverages will be stored, served,
possessed or consumed. Include kitchen area(s) for hotel and restaurants.
DR 8442 (09/24/09) Page 4
8. Change of Manager or to Register the Manager of a Tavern or a Hotel and Restaurant liquor license.
(a) Change of Manager (attach Individual History DR 8404 -1 H/R and Tavern only)
Former manager's name
New manager's name
(b) Date of Employment
Has manager ever managed a liquor licensed establishment? ................... ............................... Yes ❑ No ❑
Does manager have a financial interest in any other liquor licensed establishment ? ............... Yes ❑ No ❑
If yes, give name and location of establishment
9. 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 autho [,ties.
(a) Describe change proposed
(b) If the modification is temporary, when will the proposed change:
Start (mo /day /year) End
NOTE: THE TOTAL STATE FEE FOR TEMPORARY MODIFICATION IS $300.00
(mo /day /year)
(c) Will the proposed change result in the licensed premises now being located within 500 feet of any public or
private school that meets compulsory education requirements of Colorado law, or the principal campus of any
college, university or seminary?
(If yes, explain in detail and describe any exemptions that apply) ................ ............................Yes ❑ No U'
(d) Is the proposed change in compliance with local building and zoning laws? . ...........................Yesm No ❑
(e) If this modification is for an additional Hotel and Restaurant Optional Premises or Resort Complex Related
Facility, has the local authority authorized by resolution or ordinance the issuance of optional premises?
........................................................................................ ............................... ............................Yes ❑ NoW
(f) Attach a diagram of the current licensed premises and a diagram of the proposed changes for the
licensed premises.
(g) Attach any existing lease that is revised due to the modification.
- Y:!i i IA9w 0�
or
euz&-6-
t�
I'-
1,6 bo
0-0
11: Ell
-N ri
is
4� I
rg,Tc
;tr
--rt&q, :01ba-vt 1psfau-r��
U). gave (l✓e, k RLVf
U10- '# ►7.1
IQ/
i� °powd C�e-j
ILI L-
02-
'17
7
f-7-A
17--w?O *WX ?ff-J;WaeL�
IDO tD. �p&V
RIV
X27
REVOCABLE LICENSE AGREEMENT BETWEEN
TOWN OF AVON AND YERF, LLC
AN AGREEMENT BY AND BETWEEN THE TOWN OF AVON AND YERF, LLC
FOR THE GRANT OF A REVOCABLE ENCROACHMENT LICENSE
TO INSTALL, CONSTRUCT, AND MAINTAIN AN OUTDOOR PATIO AND
SEATING AREA ON TOWN -OWNED RIGHT -OF -WAY AND PROPERTY
1.0 PARTIES. The parties to this agreement ( "Agreement ") are the TOWN OF
AVON, COLORADO, a Colorado home rule municipality ( "Town ") and YERF,
LLC ( "Licensee ") (d /b /a Ticino Italian Restaurant). This Agreement is effective
upon execution by the Licensee and following execution by the Town Manager
on the date indicated below.
2.0 RECITALS AND PURPOSE.
2.1. The Town is the owner of certain property located in the Town of Avon, Eagle
County, Colorado, commonly known as the Avon Mall right -of -way ( "Town
Property ").
2.2. The Licensee has expressed a desire to encroach upon and occupy the Town
Property for using and maintaining an outdoor patio area for customer seating
which is delineated by landscaping and fence and planters, adjacent to Unit
127, Avon Center at Beaver Creek, as such area is also depicted on Exhibit A
attached hereto.
2.3. The Town is willing to grant a revocable license to the Licensee under the
terms and conditions as hereinafter specified in this Agreement provided that
nothing in this Agreement shall waive or modify any obligation to seek
building permits, variances, or other approval necessary to meet any
obligation imposed by law. The Licensee remains obligated to apply for and
obtain all necessary permits and approvals, pay all required fees, and comply
with all applicable local laws, including but not limited to any applicable
provisions in the Avon Municipal Code.
3.0 TERMS AND CONDITIONS.
3.1. The Town hereby grants to the Licensee a revocable license for the
encroachment and occupation of an outdoor patio area as depicted in Exhibit
A. The area of the license ( "License Area ") is marked by a concrete slab
measuring approximately 885 square feet and is delineated by landscaping,
fence and planters adjacent to Unit 127, Avon Center at Beaver Creek.
Licensee will utilize the License Area as part of the liquor license premises for
liquor service in connection with the liquor license held by YERF, LLC, which
Avon/Ticino Revocable License Agreement
June 9, 2011 ejh
Page 1 of 7
is also depicted in Exhibit A. The fence, planters, tables, seating and any
customary non - fixture items associated with outdoor dining which are placed
within the License Area shall constitute the "Private Improvements ". The
cement patio shall not constitute the Private Improvements. Nothing in this
Agreement is intended to waive, alter, modify, or permit any violation of any
local law applicable within the Town of Avon. To the extent that the location
or other specifications of this License or any exhibit conflicts with local laws,
the local law shall govern. Except for the encroachment and occupation of
the Private Improvements identified in this 13.1, no other encroachment,
structure, improvement, vehicle, fence, wall, landscaping, or any other real or
personal property shall be erected, installed, constructed, parked, stored,
kept, or maintained in any way or fashion on the Town Property, including but
not limited to storage sheds, carports, playground equipment, motor vehicles,
snowmobiles or other recreational equipment.
3.2. The encroachment and occupation as specified in $3.1 above shall continue
from the date of this Agreement to the time that this Agreement is terminated.
The Town may terminate this Agreement at any time if the Town Council,
following a duly noticed public hearing, makes a legislative determination that
removal of the Private Improvements is necessary to protect the public health,
safety, or welfare of the Avon community. At such time as the Town Council
makes a determination that removal of the Private Improvements is
necessary, the Town Council shall also make a legislative determination
regarding the reasonable period of time within which the Private
Improvements must be removed. Except in the case of a public safety
emergency or where a shorter period of time is justified due to the nature of
the Private Improvements, the Licensee shall customarily not be required to
remove the Private Improvements within less than thirty (30) days of notice to
the Licensee. The Town may also terminate this Agreement at any time in
the case of a declaration by the Town Council for the Town of Avon that a
public safety emergency exists by giving written notice to the Licensee five (5)
days in advance of the effective date of termination.
3.3. The Licensee expressly agrees to, and shall, indemnify and hold harmless the
Town and any of its officers, agents, or employees from any and all claims,
damages, liability, or court awards, including costs and attorney's fee that are
or may be awarded as a result of any loss, injury or damage sustained or
claimed to have been sustained by anyone, including but not limited to, any
person, firm, partnership, or corporation, in connection with or arising out of
any omission or act of commission by the Licensee or any of its employees,
agents, partners, or lessees, in encroaching upon the Town Property. In
particular and without limiting the scope of the foregoing agreement to
indemnify and hold harmless, the Licensee shall indemnify the Town for all
claims, damages, liability, or court awards, including costs and attorney's fees
that are or may be awarded as a result of any loss, injury or damage
Avon/Ticino Revocable License Agreement
August 1, 2011 ejh
Page 2 of 7
sustained or claimed to have been sustained by anyone, including but not
limited to, any person, firm, partnership, or corporation, in connection with or
arising out of any claim in whole or in part that all or any portion of the Private
Improvements and encroachment permitted by this Agreement constitutes a
dangerous and /or unsafe condition within a public right -of -way.
3.4. The Licensee agrees that it will never institute any action or suit at law or in
equity against the Town or any of its officers or employees, nor institute,
prosecute, or in any way aid in the institution or prosecution of any claim,
demand, or compensation for or on account of any damages, loss, or injury
either to person or property, or both, known or unknown, past, present or
future, arising as a result of or form the revocable license granted to the
Licensee by this Agreement. This provision includes but is not limited to
claims relating to sidewalk maintenance, snow removal or other public works
activities performed by or on behalf of the Town.
3.5. The Licensee agrees to construct, maintain, and repair the Private
Improvements placed or located on the Town Property by the Licensee or its
lessees, agents, employees, or other persons under the control or direction of
the Licensee pursuant to this Agreement at the cost and expense of the
Licensee and at no cost or expense to the Town. The Licensee agrees to
remove or cover graffiti or other damage caused to the improvement(s) within
a reasonable time following notice or knowledge of such damage or within
forty -eight (48) hours of delivery to the Licensee of a written demand by the
Town, whichever is earlier. The Licensee shall not erect, cause to be erected
or permit the erection of any sign, advertising object, or illustration upon any
improvement, structure, fence, or wall placed or located by the Town Property
pursuant to this Agreement and shall promptly remove any such sign or
advertising.
3.6. Licensee shall keep and maintain the Town Property and License Area in a
good, clean and healthful condition, making repairs as necessary at
Licensee's sole cost and expense. Licensee shall be responsible for snow
removal at its sole cost and expense. Licensee may, with consent of the
Town staff and at its sole cost and expense, at any time and from time to time
make such alterations, changes, replacements, improvements and additions
to the Town Property in the License Area as it may deem desirable. Any such
replacements, improvements and additions shall comply with applicable law
and ordinance, including the American with Disabilities Act.
3.7. The Licensee agrees that the Town is not liable, and will not assume any
liability, responsibility, or costs for any damage, maintenance, or repair of any
Private Improvements erected or maintained by the Licensee under this
Agreement.
Avon/Ticino Revocable License Agreement
August 1, 2011 ejh
Page 3 of 7
3.8. The Licensee agrees to repair and reconstruct any damage to the Town
Property upon termination of this Agreement or removal of the Private
Improvements described in 13.1 and any other improvements erected by the
Licensee on the Town Property and the Licensee shall return the Town
Property to its original condition at the cost and expense of the Licensee and
at no cost or expense to the Town. In the event that Licensee does not
remove the Private Improvements and repair and restore Town Property to
the condition prior to this Agreement within the time period determined in ¶3.2
above, then Licensee shall be deemed to have abandoned the Private
Improvements and any rights thereto and the Town may proceed to remove
the Private Improvements. The Town may seek recovery of all costs incurred
for the removal of Private Improvements from Town Property, repair of
damages to Town Property, and restoration of Town Property, including legal
costs and attorney fees.
3.9. The Licensee agrees to procure and maintain, at its own cost, a policy or
policies of insurance protecting against injury, damage or loss occurring on
the licensed premises in the minimum amount of $2,000,000.00 per
occurrence. Such policy or policies shall name the Town as an "additional
insured" and shall include a provision requiring the insurer to give the Town
thirty (30) days notice prior to cancellation. Certificates of insurance issued
by the insurer shall be filed with the Town within ten (10) days after the date
of this Agreement is entered into by License, and this Agreement shall not
become effective until such certificate is received and approved by the Town
with the exception that the Licensee's failure to take such steps to insure the
premises shall not waive, affect, or impair the obligation of the Licensee to
indemnify or hold the Town harmless in accordance with this Agreement.
3.10. The Licensee shall be deemed to have intentionally and irrevocably
abandoned and relinquished rights and interest in the Private Improvements
in the event that the Licensee conveys all the Licensee's interest in the
property or properties obtaining access or receiving benefit from the
improvements and encroachments described in this Agreement. The Town
shall be entitled to rely upon the public records of ownership maintained by
the office of either the Eagle County Clerk and Recorder or the Eagle County
Assessor in rendering a determination that the Licensee has abandoned and
relinquished the Licensee's rights and interests as provided by this
paragraph. In such event, the Town may remove and demolish such
improvements without notice to the Licensee.
4.0 ASSIGNMENT. This Agreement shall not be assigned by the Licensee without
the prior written consent of the Town which may withhold its consent for any
reason; provided that the Town encourages the Licensee to inform any
purchaser of the Licensee's property or interests of the existence of this
Avon/Ticino Revocable License Agreement
August 1, 2011 ejh
Page 4 of 7
Agreement and the Town will promptly consider any request by the Licensee for
assignment of this Agreement to such subsequent purchaser.
5.0 NOTICES. Any notice required or permitted by this Agreement shall be in writing
and shall be deemed to have been sufficiently given for all purposes if personally
served or if sent by certified mail or registered mail, postage and fees prepaid,
addressed to the party to whom such notice is to be given at the address set
forth on the signature page below, or at such other address as has been
previously furnished in writing, to the other party or parties. Such notice shall be
deemed to have been given when deposited in the United States Mail.
6.0 INTEGRATION AND AMENDMENT. This Agreement represents the entire
agreement between the parties and there are no oral or collateral agreements or
understandings. This Agreement may be amended only by an instrument in
writing signed by the parties. If any other provision of this Agreement is held
invalid or unenforceable, no other provision shall be affected by such holding,
and all of the remaining provisions of this Agreement shall continue in full force
and effect. Invalidation of the Agreement in its entirety shall revoke any
authorization, whether explicit or implied to the continuing use and occupancy of
the Town Property for the Private Improvements.
7.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the
laws of the State of Colorado and venue for any action arising under this
agreement shall be in the appropriate court for Eagle County, Colorado.
8.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of
any term or provision of this Agreement shall not operate or be construed as a
waiver of any subsequent breach by either party.
9.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding
upon, the parties, their respective legal representatives, successors, heirs, and
assigns; provided, however, that nothing in this paragraph shall be construed to
permit the assignment of this Agreement except as otherwise expressly
authorized herein.
10.0 UNDERLYING INTENT AND SCOPE. It is the intent of this Agreement that the
Town shall incur no cost or expense attributable to or arising from the
construction, maintenance, or operation of the Private Improvements and
encroachment permitted by this Agreement and that, in all instances, the risk of
loss, liability, obligation, damages, and claims associated with the encroachment
shall be borne by the Licensee. This Agreement does not confer upon the
Licensee any other right, permit, license, approval, or consent other than that
expressly provided for herein and this Agreement shall not be construed to
waive, modify, amend, or alter the application of any other federal, state, or local
Avon/Ticino Revocable License Agreement
August 1, 2011 ejh
Page 5 of 7
laws, including laws governing zoning, land use, property maintenance, or
nuisance.
11.0 AUTHORITY TO BIND PARTY. The undersigned persons represent that they
are expressly authorized to execute this Agreement on behalf of the Parties and
to bind their respective Parties and that the Parties may rely upon such
representation of authority.
12.0 LEGAL FEES AND COSTS. In the event the Town seeks legal action to enforce
this Agreement or to recover reimbursement costs for removal of private
improvements from, repair of any damages, and /or restoration of Town property
subject to this Agreement, Town shall be entitled to recover any and all legal
costs and attorney's fees incurred.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Avon/Ticino Revocable License Agreement
August 1, 2011 ejh
Page 6 of 7
DATED THIS
ATTEST:
DAY OF , 20
Town Clerk or Deputy Town Clerk
TOWN OF AVON:
0
Town Manger
Town of Avon
Approved as to Form:
For Town Attorney's Office
LICENSEE:
By:
Print Name: colfaiel.k-v S
Address: K 7
19 vow (!-2® yf6 zo
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
, 20 , personally by
Notary Public
(SEAL) Commission expires:
Avon/Ticino Revocable License Agreement
August 1, 2011 ejh
Page 7 of 7
?(opoStd ck&fleS
all
�►^'1
�21
r�\ J
\>
6o
t I S
m Y
J f'
:i I ti
Lbp)517'A Sl '-42m0.►
i\
_J
DR 8442 (09124/09) Page 1
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
DENVER, COLORADO 80261
{303}205 -2300
PERMIT APPLICATION
AND REPORT OF CHANGES
FOR DEPARTMENT USE ONLY
CURRENT LICENSE NUMBER OY - F, 4-3C7 2.=6-6A 6
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
1. Applicant is a°
Q°tiorporation ....... ..............................❑ Individual
❑
::
4 Q
Partnership ..................................... .❑ Limited Liability Company
(�� ` U
2. Name of Licensee
3. Trade Name
"
T;
4. ocation Address
IDD AVG
City County ZIP
SELECT THE APPROPRIATE SECTION BELOW AND PROCEED TO THE INSTRUCTIONS ON PAGE 2.
ection .- Section
2210 -100 (999) El Retail Warehouse Storage Permit (ea) $100.00
• License Account No.
El
2200 -100 (999) Wholesale Branch House Permit (ea).... 100.00
1983 -750 (999) El Managers Registration (Hotel & Restr.)..$75.00
2260 -100 (999) ❑ Change Corp. or Trade Name Permit (ea) . 50.00
2012 -750 (999) ❑ Manager's Registration (Tavem) ..............$75.W
❑ Change of Manager (Other Licenses) NO FEE 2230 -100 (999) ❑ Change Location Permit (ea) ..................150.00
2280 -100 (999) A Change, Alter or Modify Premises
Section B Duplicate License $150.00 x 1 Total Fee .f kso
—
2220 -100 (999) ❑ Addition of Optional Premises to Existing H/R
• Liquor License No. $100.00 x Total Fee
2270 -100 (999) ❑ Duplicate License ........................... W0 00 1988 -100 (999) ❑ Addition of Related Facility to Resort Complex
$75.00 x Total Fee
DO NOT WRITE IN THIS SPACE — FOR DEPARTMENT OF REVENUE USE ONLY
DATE LICENSE ISSUED
LICENSE ACCOUNT NUMBER
PERIOD
The State may convert your check to a one time electronic banking transaction.
Your bank account may be debited as early as the same day received by the
-750(999)
-100 (999)
State. If converted, your check will not be returned. If your check is rejected TOTAL
due to insufficient or uncollected funds, the Department of Revenue may collect
the AMOUNT DUE
$ 00
payment amount directly from your bank account electronically.
DR 8442 (09/24/09) Page 2
INSTRUCTION SHEET
❑ Section A
To Register or Change Managers, check the appropriate box in section A and complete question
8 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.
❑ 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) Fora 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 4 and complete question 9. Submit the necessary information and
proceed to page 4 for Oath of Applicant signature.
5) For Optional Premises or Related Facilities go to page 4 and complete question 9. 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 7. Submit the necessary information and
proceed to page 4 for Oath of Applicant signature.
DR 8442 (09/24/09) Page 3
5. Retail Warehouse Storage Permit or a Wholesalers Branch House Permit
❑ Retail Warehouse Permit for:
❑ On— Premises Licensee (Taverns, Restaurants etc.)
' ❑ Off — Premises Licensee (Liquor stores)
❑ Wholesalers Branch House Permit
Address of storage premise:
• City , County Zip
Attach a deed/ lease or rental agreement for the storage premises.
Attach a detailed diagram of the storage premises.
6. Change of Trade Name or Corporation Name
❑ Change of Trade name / DBA only
❑ Corporate Name Change (Attach the following supporting documents)
1. Certificate of Amendment filed with the Secretary of State, or
2. Statement of Change filed with the Secretary of State, an
3. Minutes of Corporate meeting, Limited Liability Members meeting, Partnership agreement.
' Old Trade Name
New Trade Name
Old Corporate Name
New Corporate Name
7. Change of Location
NOTE TO RETAIL LICENSEES: An application to change location has a local application fee of $750 payable to your local licensing
authority. You may only change location within the same jurisdiction as the original license that was issued. Pursuant to 12-47-
311 (1) C.R.S. Your application must be on file with the local authority thirty (30) days before a public hearing can be held.
Date filed with Local Authority Date of Hearing
(a) Address of current premises
• City County Zip
(b) Address of proposed New Premises (Attach copy of the deed or lease that establishes possession of the
•
premises by the licensee)
• Address
City County Zip
- (c) New mailing address if applicable.
Address
City County State Zip
(d) Attach detailed diagram of the premises showing where the alcohol beverages will be stored, served,
possessed or consumed. Include kitchen area(s) for hotel and restaurants.
DR 8442 (09/24/09) Page 4
8. Change of Manager or to Register the Manager of a Tavern or a Hotel and Restaurant liquor license.
(a) Change of Manager (attach Individual History DR 8404 -1 H/R and Tavern only)
Former manager's name
New manager's name
(b) Date of Employment
Has manager ever managed a liquor licensed establishment? ................... ............................... Yes ❑ No ❑
Does manager have a financial interest in any other liquor licensed establishment ? ............... Yes ❑ No ❑
If yes, give name and location of establishment
9. 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.
(a) Describe change proposed
(b) If the modification is temporary, when will the proposed change:
Start (mo /day /year) End
NOTE: THE TOTAL STATE FEE FOR TEMPORARY MODIFICATION IS $300.00
(mo /day /year)
(c) Will the proposed change result in the licensed premises now being located within 500 feet of any public or
private school that meets compulsory education requirements of Colorado law, or the principal campus of any
college, university or seminary?
(If yes, explain in detail and describe any exemptions that apply) ................ ............................Yes ❑ No [K�-
(d) Is the proposed change in compliance with local building and zoning laws? ............................Yes "o ❑
(e) If this modification is for an additional Hotel and Restaurant Optional Premises or Resort Complex Related
Facility, has the local authority authorized by resolution or ordinance the issuance of optional premises?
....................................................................................... ............................... ............................Yes ❑ No ❑
(f) Attach a diagram of the current licensed premises and a diagram of the proposed changes for the
licensed premises.
(g) Attach any existing lease that is revised due to the modification.
ocai Licensing Humonry (cny or
-1-1�1 -)/1 n
ch�.n4 �rde�r1
N a 5 x t China Garden Reno e s �if�
If o a Avon Center g�
N
et
p Avon, Colorado !' p , •
y
��,�Ra. ardelti..
��o�o
N a y s China Garden Reno
o i Avon Center D
0 S o Avon, Colorado ' s 03
�rh
�r
N t_ a x a China Garden Reno
N
j p�j 7 Avon Center
0 p Avon, Colorado �p
y
r
4
}
-p-ko
REVOCABLE LICENSE AGREEMENT BETWEEN
TOWN OF AVON AND CHINA GARDEN, INC.
AN AGREEMENT BY AND BETWEEN THE TOWN OF AVON AND CHINA GARDEN
INC. FOR THE GRANT OF A REVOCABLE ENCROACHMENT LICENSE TO
INSTALL, CONSTRUCT, AND MAINTAIN AN OUTDOOR PATIO AND
SEATING AREA ON TOWN -OWNED RIGHT -OF -WAY AND PROPERTY
1.0 PARTIES. The parties to this agreement ( "Agreement ") are the TOWN OF
AVON, COLORADO, a Colorado home rule municipality ( "Town ") and China
Garden, Inc. ( "Licensee "). This Agreement is effective upon execution by the
Licensee and following execution by the Town Manager on the date indicated
below.
2.0 RECITALS AND PURPOSE.
2.1. The Town is the owner of certain property located in the Town of Avon, Eagle
County, Colorado, commonly known as the Avon Mall right -of -way ( "Town
Property").
2.2. The Licensee has expressed a desire to encroach upon and occupy the Town
Property for using and maintaining an outdoor patio area for customer seating
which is delineated by landscaping and rod iron fence, adjacent to Unit 125,
Avon Center at Beaver Creek, as such area is also depicted on Exhibit A
attached hereto.
2.3. The Town is willing to grant a revocable license to the Licensee under the
terms and conditions as hereinafter specified in this Agreement provided that
nothing in this Agreement shall waive or modify any obligation to seek
building permits, variances, or other approval necessary to meet any
obligation imposed by law. The Licensee remains obligated to apply for and
obtain all necessary permits and approvals, pay all required fees, and comply
with all applicable local laws, including but not limited to any applicable
provisions in the Avon Municipal Code.
3.0 TERMS AND CONDITIONS.
3.1. The Town hereby grants to the Licensee a revocable license for the
encroachment and occupation of an outdoor patio area as depicted in Exhibit
A. The area of the license ( "License Area ") is marked by a concrete slab
measuring approximately 795 square feet and is delineated by landscaping
and a rod iron fence adjacent to Unit 125, Avon Center at Beaver Creek.
Licensee will utilize the License Area as part of the liquor license premises for
liquor service in connection with the liquor license held by China Garden, Inc.,
Avon /China Garden Revocable License Agreement
April 12, 2011 ejh
Page 1 of 7
Garden, Inc., which is also depicted in Exhibit A. The split rail fence, planters,
tables, seating and any customary non - fixture items associated with outdoor
dining which are placed within the License Area shall constitute the "Private
Improvements ". The cement patio shall not constitute the Private
Improvements. Nothing in this Agreement is intended to waive, alter, modify,
or permit any violation of any local law applicable within the Town of Avon.
To the extent that the location or other specifications of this License or any
exhibit conflicts with local laws, the local law shall govern. Except for the
encroachment and occupation of the Private Improvements identified in this
¶3.1, no other encroachment, structure, improvement, vehicle, fence, wall,
landscaping, or any other real or personal property shall be erected, installed,
constructed, parked, stored, kept, or maintained in any way or fashion on the
Town Property, including but not limited to storage sheds, carports,
playground equipment, motor vehicles, snowmobiles or other recreational
equipment.
3.2. The encroachment and occupation as specified in ¶3.1 above shall continue
from the date of this Agreement to the time that this Agreement is terminated.
The Town may terminate this Agreement at any time if the Town Council,
following a duly noticed public hearing, makes a legislative determination that
removal of the Private Improvements is necessary to protect the public health,
safety, or welfare of the Avon community. At such time as the Town Council
makes a determination that removal of the Private Improvements is
necessary, the Town Council shall also make a legislative determination
regarding the reasonable period of time within which the Private
Improvements must be removed. Except in the case of a public safety
emergency or where a shorter period of time is justified due to the nature of
the Private Improvements, the Licensee shall customarily not be required to
remove the Private Improvements within less than thirty (30) days of notice to
the Licensee. The Town may also terminate this Agreement at any time in
the case of a declaration by the Town Council for the Town of Avon that a
public safety emergency exists by giving written notice to the Licensee five (5)
days in advance of the effective date of termination.
3.3. The Licensee expressly agrees to, and shall, indemnify and hold harmless the
Town and any of its officers, agents, or employees from any and all claims,
damages, liability, or court awards, including costs and attorney's fee that are
or may be awarded as a result of any loss, injury or damage sustained or
claimed to have been sustained by anyone, including but not limited to, any
person, firm, partnership, or corporation, in connection with or arising out of
any omission or act of commission by the Licensee or any of its employees,
agents, partners, or lessees, in encroaching upon the Town Property. In
particular and without limiting the scope of the foregoing agreement to
indemnify and hold harmless, the Licensee shall indemnify the Town for all
claims, damages, liability, or court awards, including costs and attorney's fees
Avon /China Garden Revocable License Agreement
April 12, 2011 ejh
Page 2 of 7
that are or may be awarded as a result of any loss, injury or damage
sustained or claimed to have been sustained by anyone, including but not
limited to, any person, firm, partnership, or corporation, in connection with or
arising out of any claim in whole or in part that all or any portion of the Private
Improvements and encroachment permitted by this Agreement constitutes a
dangerous and /or unsafe condition within a public right -of -way.
3.4. The Licensee agrees that it will never institute any action or suit at law or in
equity against the Town or any of its officers or employees, nor institute,
prosecute, or in any way aid in the institution or prosecution of any claim,
demand, or compensation for or on account of any damages, loss, or injury
either to person or property, or both, known or unknown, past, present or
future, arising as a result of or form the revocable license granted to the
Licensee by this Agreement. This provision includes but is not limited to
claims relating to sidewalk maintenance, snow removal or other public works
activities performed by or on behalf of the Town.
3.5. The Licensee agrees to construct, maintain, and repair the Private
Improvements placed or located on the Town Property by the Licensee or its
lessees, agents, employees, or other persons under the control or direction of
the Licensee pursuant to this Agreement at the cost and expense of the
Licensee and at no cost or expense to the Town. The Licensee agrees to
remove or cover graffiti or other damage caused to the improvement(s) within
a reasonable time following notice or knowledge of such damage or within
forty -eight (48) hours of delivery to the Licensee of a written demand by the
Town, whichever is earlier. The Licensee shall not erect, cause to be erected
or permit the erection of any sign, advertising object, or illustration upon any
improvement, structure, fence, or wall placed or located by the Town Property
pursuant to this Agreement and shall promptly remove any such sign or
advertising.
3.6. Licensee shall keep and maintain the Town Property and License Area in a
good, clean and healthful condition, making repairs as necessary at
Licensee's sole cost and expense. Licensee shall be responsible for snow
removal at its sole cost and expense. Licensee may, with consent of the
Town staff and at its sole cost and expense, at any time and from time to time
make such alterations, changes, replacements, improvements and additions
to the Town Property in the License Area as it may deem desirable. Any such
replacements, improvements and additions shall comply with applicable law
and ordinance, including the American with Disabilities Act.
3.7. The Licensee agrees that the Town is not liable, and will not assume any
liability, responsibility, or costs for any damage, maintenance, or repair of any
Private Improvements erected or maintained by the Licensee under this
Agreement.
Avon /China Garden Revocable License Agreement
April 12, 2011 ejh
Page 3 of 7
3.8. The Licensee agrees to repair and reconstruct any damage to the Town
Property upon termination of this Agreement or removal of the Private
Improvements described in 73.1 and any other improvements erected by the
Licensee on the Town Property and the Licensee shall return the Town
Property to its original condition at the cost and expense of the Licensee and
at no cost or expense to the Town. In the event that Licensee does not
remove the Private Improvements and repair and restore Town Property to
the condition prior to this Agreement within the time period determined in ¶3.2
above, then Licensee shall be deemed to have abandoned the Private
Improvements and any rights thereto and the Town may proceed to remove
the Private Improvements. The Town may seek recovery of all costs incurred
for the removal of Private Improvements from Town Property, repair of
damages to Town Property, and restoration of Town Property, including legal
costs and attorney fees.
3.9. The Licensee agrees to procure and maintain, at its own cost, a policy or
policies of insurance protecting against injury, damage or loss occurring on
the licensed premises in the minimum amount of $2,000,000.00 per
occurrence. Such policy or policies shall name the Town as an "additional
insured" and shall include a provision requiring the insurer to give the Town
thirty (30) days notice prior to cancellation. Certificates of insurance issued
by the insurer shall be filed with the Town within ten (10) days after the date
of this Agreement is entered into by License, and this Agreement shall not
become effective until such certificate is received and approved by the Town
with the exception that the Licensee's failure to take such steps to insure the
premises shall not waive, affect, or impair the obligation of the Licensee to
indemnify or hold the Town harmless in accordance with this Agreement.
3.10. The Licensee shall be deemed to have intentionally and irrevocably
abandoned and relinquished rights and interest in the Private Improvements
in the event that the Licensee conveys all the Licensee's interest in the
property or properties obtaining access or receiving benefit from the
improvements and encroachments described in this Agreement. The Town
shall be entitled to rely upon the public records of ownership maintained by
the office of either the Eagle County Clerk and Recorder or the Eagle County
Assessor in rendering a determination that the Licensee has abandoned and
relinquished the Licensee's rights and interests as provided by this
paragraph. In such event, the Town may remove and demolish such
improvements without notice to the Licensee.
4.0 ASSIGNMENT. This Agreement shall not be assigned by the Licensee without
the prior written consent of the Town which may withhold its consent for any
reason; provided that the Town encourages the Licensee to inform any
purchaser of the Licensee's property or interests of the existence of this
Avon /China Garden Revocable License Agreement
April 12, 2011 ejh
Page 4 of 7
Agreement and the Town will promptly consider any request by the Licensee for
assignment of this Agreement to such subsequent purchaser.
5.0 NOTICES. Any notice required or permitted by this Agreement shall be in writing
and shall be deemed to have been sufficiently given for all purposes if personally
served or if sent by certified mail or registered mail, postage and fees prepaid,
addressed to the party to whom such notice is to be given at the address set
forth on the signature page below, or at such other address as has been
previously furnished in writing, to the other party or parties. Such notice shall be
deemed to have been given when deposited in the United States Mail.
6.0 INTEGRATION AND AMENDMENT. This Agreement represents the entire
agreement between the parties and there are no oral or collateral agreements or
understandings. This Agreement may be amended only by an instrument in
writing signed by the parties. If any other provision of this Agreement is held
invalid or unenforceable, no other provision shall be affected by such holding,
and all of the remaining provisions of this Agreement shall continue in full force
and effect. Invalidation of the Agreement in its entirety shall revoke any
authorization, whether explicit or implied to the continuing use and occupancy of
the Town Property for the Private Improvements.
7.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the
laws of the State of Colorado and venue for any action arising under this
agreement shall be in the appropriate court for Eagle County, Colorado.
8.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of
any term or provision of this Agreement shall not operate or be construed as a
waiver of any subsequent breach by either party.
9.0 BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding
upon, the parties, their respective legal representatives, successors, heirs, and
assigns; provided, however, that nothing in this paragraph shall be construed to
permit the assignment of this Agreement except as otherwise expressly
authorized herein.
10.0 UNDERLYING INTENT AND SCOPE. It is the intent of this Agreement that the
Town shall incur no cost or expense attributable to or arising from the
construction, maintenance, or operation of the Private Improvements and
encroachment permitted by this Agreement and that, in all instances, the risk of
loss, liability, obligation, damages, and claims associated with the encroachment
shall be borne by the Licensee. This Agreement does not confer upon the
Licensee any other right, permit, license, approval, or consent other than that
expressly provided for herein and this Agreement shall not be construed to
waive, modify, amend, or alter the application of any other federal, state, or local
Avon /China Garden Revocable License Agreement
April 12, 2011 ejh
Page 5 of 7
laws, including laws governing zoning, land use, property maintenance, or
nuisance.
11.0 AUTHORITY TO BIND PARTY. The undersigned persons represent that they
are expressly authorized to execute this Agreement on behalf of the Parties and
to bind their respective Parties and that the Parties may rely upon such
representation of authority.
12.0 LEGAL FEES AND COSTS. In the event the Town seeks legal action to enforce
this Agreement or to recover reimbursement costs for removal of private
improvements from, repair of any damages, and /or restoration of Town property
subject to this Agreement, Town shall be entitled to recover any and all legal
costs and attorney's fees incurred.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Avon /China Garden Revocable License Agreement
April 12, 2011 ejh
Page 6 of 7
DATED THIS
ATTEST:
DAY OF .20
Town Clerk or Deputy Town Clerk
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE
TOWN OF AVON:
Town Manger
Town of Avon
Approved as to Form:
For Town Attorney's Office
LICENSEE:
B�
Print NameS-1
Address: P L y 1
,,6\J 0 <-,/ j cv L,) u
The foregoing instrument was acknowledged before me this _
20 personally
Notary Public
(SEAL) Commission expires:
Avon /China Garden Revocable License Agreement
April 12, 2011 ejh
Page 7 of 7
day of
by
Memo
To:
Avon Liquor Licensing Authority
Thru:
Larry Brooks, Town Manager
cc:
Eric Heil, Town Attorney
From:
Debbie Hoppe, Court perk
Patty McKenny, ATM Management Services
Date:
August 1, 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: China Garden Inc. d /b /a China Garden
Address: 100 W. Beaver Creek Blvd
Manager: Sharon Mou
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. The Police Report results are summarized below:
a. China Garden had no calls for service in the past year.
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.
Sharon Mou, manager at China Garden has been invited to attend the Liquor Board meeting to answer
any questions the Authority may have.
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
DR 8400 (11/09/06) LIQUOR OR 3.2 BEEF LICENSE
COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION!
DENVER, COLORADO 80261
Ilnlunll�llunldllnnJJllnnJJnIInJJulluulll
CHINA GARDEN INC
CHINA GARDEN
PO BOX 2023
AVON CO 81620 -2023
El 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
04- 84392 -0000
License T
best of my knowledge.
1?70
Liability Information
44 003 722110 C 090288
Business Location
100 W BEAVER CRK BLV
AVON CO
Current License Expires
SEP 01, 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.
f is application for renewal must be returned to your CITY OR
f 0 Is
Licensing Authority at least 45 days prior to the expira-
ion date of your current license. Failure to do so may result in
our license not being renewed. Include both pages of this renewal
nd payment.
OATH OF APPLICANT
I declare under penalty of perjury in the seco d degree that this application and all attachments are true, correct, and complete to the
best of my knowledge.
Authorized Sig to
_
Date
�114f A
Business Phone g
Tite
Sales TO Number ( 3 q Z —0 00 d
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
Signature
Title
Attest
_- _•wk -!I vclnI
V.k lvk..� I r+w.,m
DR 8400 (11/09/06) LIQUOR OR 3.2 BEER LICENSE
COLORADO DEPARTMENT OF REVENUE
DENVER, COLORADO 80261 RENEWAL APPLICATION
I IVL I I I)t- IAaU
Make check payable to: Colorado Department of Revenue.The State may convert your
check to a one time electronic banking transaction. Your bank account may be debited as A
early as the same day received by the State. If converted, your check will not be returned, L
If your check is rejected due to Insufficient or uncollected funds, the Department of Rev -
Business Name
CHINA GARDEN
LICENSE NUMBER (Use for all reference)
04- 84392 -0000
PERIOD
09 -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 $56p . ()
DR 8401 (02/19/09)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1881 PIERCE
LAKEWOOD, CO 80261
(303) 205 -2300
ATTACHMENT TO LIQUOR OR
302 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
C -i [ /V� �)AP -_ham` 1t� L .
State License Number
d — , � —t'c, o
1. Operating Manager
� (4A PL- J v �-1
Home Address Date of Birth
04r/ S //,- l.Z- 7P2Z�- l2 Z-�c., �zas a /6 Z 7 %-/,!: '
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:
IR
3. Has there been any change in financial interest (new notes, loans, owners, etc.) since the last annual application? If yes, explain in
Yes No
detail and attach a listing of all liquor businesses in which these new lenders or owners, (other than licensed financial institutions) are
interested.
El
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.
El Z
l�l
5. Since the date of filing of the last annual application, has the applicant, or any of its agents, owners, managers, principals, or lenders
(other than licensed financial institutions), been denied an alcoholic beverage license, had an alcoholic beverage license suspended or
Yes No
revoked, or had interest in any entity that had an alcoholic beverage license denied, suspended or revoked? If yes, attach a detailed
El FO
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 detailed
❑ r"
yes, attach 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 license?
El
renewal of a or
(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
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 -50 it s�all constitute a separate criminal offense each time a public benefit is fraudulently received.
Signature
Printed name
k--`-%
Date
/tN4�
TOWN OF AVON, COLORADO
MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING
HELD JULY 12, 2011
The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of Avon, Colorado
convened at 5:10 PM at the Avon Town Hall, One Lake Street, Avon, Colorado. A roll call was taken and
Board members of the Authority present were Rich Carroll as Chairperson, and Board members Dave
Dantas, Chris Evans, Kristi Ferraro, Todd Goulding, Amy Phillips, and Buz Reynolds.
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
It is noted that Board members Carroll & Ferraro left the room at this time due to conflict of interest
with this agenda item. Chairman Phillips noted that the application materials were in order as
confirmed by the Town Clerk. Board member Dantas moved to approve the renewal of the hotel and
restaurant liquor license for East West Resort LLC & Riverfront Village Restaurant LLC d /b /a Westin
Riverfront Resort & Spa Board member Goulding seconded the motion and it passed unanimously by
those present (Carroll, Ferraro recused).
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
Board members Carroll & Ferraro returned to the dais at this time. Chairman Carroll asked if the
application materials were in order; Town Clerk Patty McKenny noted that all materials were submitted.
Board member Evans moved to approve renewal of the hotel and restaurant liquor license for Y &Z, Inc.
d /b/ Nozawa Sushi & Kitchen. Board member Reynolds seconded the motion and it passed
unanimously.
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
Chairman Carroll asked if the application was in order; Town Clerk Patty McKenny noted that all
materials were submitted. Adam Lueck, VVF, was present to talk about the application and the event.
The public hearing was opened, no comments were made, the hearing was closed. Board member
Phillips moved to approve the Special Events Permit for Vail Amphitheater Corporation , USA Pro Cycling
Challenge; Board member Goulding seconded the motion and it passed unanimously.
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
Chairman Carroll asked if the application materials were in order; Town Clerk Patty McKenny noted that
all materials were submitted. Char Quinn was present to answer questions; there was some discussion
about the premise to be licensed. It was noted since this event is in its first year; the final boundary
would may have to be less than shown on the map. Board member Ferraro moved to approve the
Special Event Permit for Eagle Valley Humane Society, Dock Dogs; Board member Phillips seconded the
motion and it passed unanimously.
CONSENT AGENDA:
Board member Dantas moved to approve the consent agenda; Board member Phillips seconded the
motion and it passed unanimously.
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)
There being no further business to come before the Board, the meeting adjourned at 5:25 PM.
RESPECTFULLY SUBMITTED:
Patty McKenny, Secretary
APPROVED:
Rich Carroll
Dave Dantas
Chris Evans
Kristi Ferraro
Todd Goulding
Amy Phillips
Albert "Buz" Reynolds
ALB 11.07.12
Page 2 of 2