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LA Packet 08-23-2011TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, AUGUST 23, 2011 1 1 0 1 MEETING BEGINS AT 5:20 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."ON.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: Chair Four LLC d /b /a VIN 48 Address: 48 E. Beaver Creek Blvd. Manager: Colin Baugh Type: Hotel Restaurant Liquor License b. Applicant: Dillon Companies, Inc. d /b /a City Market # 26 Address: 260 Beaver Creek Place Manager: Chuck Holcomb Type: 3.2% Beer Retail Liquor License 4. CONSENT AGENDA: a. Minutes from August 9, 2011 S. ADJOURNMENT Avon Council Meeting.11.08.23 Page 2 of 5 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: August 16 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: Chair Four LLC d /b /a VIN 48 Address: 48 E. Beaver Creek Blvd. Manager: Colin Baugh Type: Hotel Restaurant Liquor License b. Applicant: Dillon Companies, Inc. d /b /a City Market # 26 Address: 260 Beaver Creek Place Manager: Chuck Holcomb Type: 3.2% Beer Retail 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. Vin 48 had no calls for service in the past year. b. City Market 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. Colin Baugh & Chuck Holcomb, managers at Vin 48 and City Market have 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 BEER LICENSE COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION DENVER, COLORADO 80261 CHAIR FOUR LLC VIN 48 PO BOX 5490 AVON CO 81620 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 ucense1070 5-61907-0000 uabllity Information 44 003 722110 B 101107 Business Location 48 E BEAVER CREEK BL AVON CO Current License Expires OCT 10, 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 yourlicense not being renewed. Include both pages of this renewal and payment. ATH OF APPLICANT declare under penalty of pe ' ry in the se n gree t this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature Date B • ,pF © - 9 F Title CITY 85% OAP Sales ax Number 2320 - 100(999) 1970 - 750(999) 15 —Co! 157 ` 000 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 d Signature Title Attest DR 8400 (11/09106) LIQUOR OR 3.2 BEER LICENSE COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION DENVER, COLORADO 80261 Make check payable to: Colorado Department of Revenue.The State may convert your check to a one time electronic banking transaction. Your bank account maybe debited as A early as the same day received by the State. If converted, your checkwill not be retumed. If your check is rejected due to insufficient or uncollected funds, the Department of Rev - Business Name VIN 48 LICENSE NUMBER (Use for all reference) 15- 61907 -0000 PERIOD 10 -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 ADD $100.00 TO RENEW RETAIL WAREHOUSE STORAGE /1: tr>r'+ re +v SUB -TOTAL $ 500.00 PERMIT2210- 100(999) $ TOTAL AMOUNT DUE $�a:. CAS 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 _VIAI g State License Number 1. Operating Manager � &46h Home Address �� ®� ������C Date of Birth KE���`�Y a 2. Do you have legal possession of tQ premises for which this application for license is made? Yes o Are the premises owned or rented: If rented, expiration date of lease: 3. Has there been any change in financial interest (new notes, loans, owners, etc.) since the last annual application? If yes, explain in Yes No detail and attach a listing of all liquor businesses in which these new lenders or owners, (other than licensed financial institutions) are materially interested. ❑ 4. Since the date of filing of the last annual application, has the applicant, or any of its agents, owners, managers, principals, or lenders Yes No (other than licensed financial institutions), been convicted of a crime? If yes, attach a detailed explanation. 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 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 El licensee)? If yes, attach a detailed explanation. 7. Corporation or Limited Liability Company (LLC) or Partnership applicants must answer these questions. Since the date of filing of the last annual license application: Yes No (a) Are there, or have there been: any officers or directors; or managing members; or general partners added to or deleted from applicant for 3.2 beer liquor license? ❑ 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 El 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 o orm DR 4679, the undersigned swears or affirms under penalty of perjury under the laws of the State of Colorado that eck one): I am a United States Citizen I am not a United States Citizen but I am a Permanent Resident of the United States F1 I am not a United States Citizen but I am lawfully present in the United States pursuant to Federal Law R I am a foreign national not physically present in the United States I understand that this sworn statement is required by because I have applied for a public benefit. I understand that state law me to provide proof that I am I ly pr nt ' the United States prior to receipt of this public benefit. I further acknowledge 0hates aking a false, or ra ulent sta m or isr resentation in this sworn affidavit is punishable under the criminal laws of do Re S u 18 8 503 its II c stitWE a separate criminal offense each time a public benefit is fr I udulently received. S ature - Printed name fro C1A Date -jell G/ M IJ Avon Police Department Liquor License Application Individual Name(s): Baugh, Colin Name of Business: VIN 48 Type of License: ® Hotel & Restaurant ❑ Special Event Permit Event Name: n/a Date of Event: n/a Location of Business: 48 East Beaver Creek Blvd Avon, Colorado 81620 Date Received: August 16, 2011 Photographs /Fingerprints: ® On File ❑ Special Event — N/A Investigation by: ® Detective Sergeant Jonathan Lovins ❑ Detective Aurion Hassinger Date: August 16, 2011 CBI Criminal Investigation (attached): nothing Local Criminal Investigation: No negative law enforcement contacts in past year. Comments: No concerns Liquor Code Violations in the past calendar year: ❑ Yes ® No If yes, explain: Smoking violation in the past calendar year: ❑ Yes ® No If yes, explain: ® Background investigation conducted with no problems and or areas of concern. N.C.I.C. database not accessed on this ap 7-"" Investigation Time: 2 hours. ; Administration Time: 1 hour. DR 8400 (11/09/06) . LOQUOR OR 3.2 BEER LICENSE COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION COLORADO 80261 CITY MARKET #26 TAX BUSINESS LICENSE 2620 ELM HILL PIKE PO BOX 305103 NASHVILLE TN 37230 -3108 © This renewal reflects no changes from the last ap- plication. Complete page 2 and file now! E] Yes there are changes from the last application. If appiicant is a Corporation or Limited Liability com- pany, use DR 8177 and send in with this renewal. Any other changes of ownership require a transfer of ownership. See your Local Licensing Authority immediately. License Number License Type 01- 10779 -0140 2122 Liability Information 44 003 445110 C 101100 Business Location 0260 BEAVER CREEK PL AVON CO Current License Expires OCT 10, 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. Is 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 our 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. Authorized Slg re Date Business Phone Russ Dispense 7/15/11 615 - 232 -9623 Title Sales Tax Number Vice President 01 -10779 -0140 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 Lic Authority for Date //e�'nsi�n jg L/ t.lJ !x~ Signature Title Attest Make check payable to: Colorado Department of Revenue.The State may convert your DR 8400 (11/09/06) LIQUOR OR 3.2 BEER LICENSE COLORADO DEPARTMENT OF REVENUE check to a one time electronic banking transaction. Your bank account may be debited as 21 RENEWAL APPLICATION early as the same day received by the State. H 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 - w ­11 H.- -M -...n„ Ai.n k, F- ..n... M..Li..,. --,.,........ -� Business Name CITY MARKET #26 LICENSE NUMBER (Use for all reference) 01- 10779 -0140 PERIOD 10 -12 TYPE OF LICENSE ISSUED CASH FUND STATE FEE 3.2 PERCENT BEER RETAIL CITY 85% OAP LICENSE (OFF PREMISES) 2330 - 100(999) 2122 - 750(999) 2180 - 100(999) $ 50.00 $ 25.00 $ 21.25 TOTAL AMOUNT DUE $ 96.25 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 / CY wal -ke-1 #`U /Wl0 State License Number 1. Operating Manager Chuck Home Address 815 rush Creek Coar4 I Date of Birth 1171Q1comb ''a /e, CO- 816 3/ /O- 5"- 57 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: O tuh If rented, expiration date of lease: © 0 3. Has there been any change in financial interest (new notes, loans, owners, etc.) since the last annual application? If yes, explain in detail and attach a listing of all liquor businesses in which these new lenders or owners, (other than licensed financial institutions) are Yes No materially interested. rvi ❑ 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 detailed © ❑ 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 renewal of a 3.2 beer or liquor license? F-1 (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 -503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature Printed name Date Attachment to DR8401 for King Soopers or City Market 3.2% beer license renewal. Question 6. Dillon Companies, Inc., a Kansas Corporation, also holds 3.2% beer licenses for the following stores located in Colorado: King Soopers, City Market, Mini Mart, Inc & Loaf `N Jug Avon Police Department Liquor License Application Individual Name(s): Holcomb, Chuck Name of Business: City Market Type of License: ® Hotel & Restaurant ❑ Special Event Permit Event Name: n/a Date of Event: n/a Location of Business: 260 Beaver Creek Place Avon, Colorado 81620 Date Received: August 16, 2011 Photographs /Fingerprints: ® On File ❑ Special Event — N/A Investigation by: ® Detective Sergeant Jonathan Lovins ❑ Detective Jeremy Holmstrom Date: August 16, 2011 CBI Criminal Investigation (attached): nothing Local Criminal Investigation: No negative law enforcement contacts in part year. Comments: No concerns Liquor Code Violations in the past calendar year: ❑ Yes ® No If yes, explain: Smoking violation in the past calendar year: ❑ Yes ® No If yes, explain: ® Background investigation conducted with no problems and or areas of concern. N.C.I.C. database not accessed on this applica Investigation Time: 2 hours. Administration Time: 1 hour. TOWN OF AVON, COLORADO MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING HELD AUGUST 9, 2011 The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of Avon, Colorado convened at 5:20 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, Todd Goulding, Amy Phillips, and Buz Reynolds. Kristi Ferraro absent. 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 Chairman Carroll asked if the application materials were in order; Town Clerk Patty McKenny noted that all materials were submitted. Board member Dantas moved to approve the Modification of Premises for the Hotel and Restaurant Liquor License for Yerf LLC d /b /a Ticino Restaurant; Board member Goulding seconded the motion and it passed unanimously by those present (Ferraro absent). 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 Chairman Carroll asked if the application materials were in order; Town Clerk Patty McKenny noted that all materials were submitted. Board member Phillips moved to approve the Modification of Premises for the Hotel and Restaurant Liquor License for China Garden Inc, d /b /a China Garden; Board member Goulding seconded the motion and it passed unanimously by those present (Ferraro absent). 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 Chairman Carroll asked if the application materials were in order; Town Clerk Patty McKenny noted that all materials were submitted. Board member Phillips moved to approve the renewal of the Hotel and Restaurant Liquor License for China Garden Inc. d /b /a China Garden; Board member Reynolds seconded the motion and it passed unanimously by those present (Ferraro absent). CONSENT AGENDA: Board member Phillips moved to approve the consent agenda; Board member Reynolds seconded the motion and it passed unanimously. a. Minutes from July 12, 2011 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 11.08.09 Page 2 of 2