LA Packet 11-22-2011TOWN OF AVON, COLORADO O
AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, NOVEMBER 22, 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. RENEWAL OF LIQUOR LICENSES
a. Applicant: Fork & Knife, Inc. d /b /a Blue Plate Bistro
Address: 47 E. Beaver Creek Blvd
Manager: Adam Roustom
Type: Hotel & Restaurant Liquor License
4. PERMIT APPLICATION & REPORT OF CHANGES
A. CHANGE OF TRADE NAME FOR HOTEL AND RESTAURANT LIQUOR LICENSE
Applicant: Fork & Knife, Inc. d /b /a Blue Plate Bistro
Address: 47 E. Beaver Creek Blvd.
Current Trade Name: Blue Plate Bistro
New Trade Name: Blue Plate
Manager: Adam Roustom
Type: Hotel & Restaurant Liquor License
B. PUBLIC HEARING FOR CHANGE OF LOCATION
Applicant: Fork & Knife, Inc. d /b /a Blue Plate
Current Address: 47 E. Beaver Creek Blvd.
New Address: 48 E. Beaver Creek Blvd.
Manager: Adam Roustom
Type: Hotel & Restaurant Liquor License
Proposed Resolution: Resolution No. 11 -04, Series of 2011, Resolution Approving Change in Location for
Fork & Knife, Inc. d /b /a Blue Plate Bistro
S. REPORT OF CHANGES: CHANGE OF TRADE NAME FOR HOTEL AND RESTAURANT LIQUOR LICENSE
a. Applicant: East West Resorts, LLC & Riverfront Village Restaurant, LLC d /b /a Westin Riverfront Resort &
Spa
Old Trade Name: Westin Riverfront Resort & Spa and Avondale
New Trade Name: Westin Riverfront Resort & Spa and Cima
Address: 126 Riverfront Lane
Avon Council Meeting.11.11.22
Page 3 of 6
TOWN OF AVON, COLORADO Y O
AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, NOVEMBER 22, 2011 ^ R 4 r r w
MEETING BEGINS AT 5 PM
AVON TOWN HALL, ONE LAKE STREET
Manager: Bob Trotter
Type: Hotel & Restaurant Liquor License
6. SHOW CAUSE HEARING ON LIQUOR LICENSE VIOLATION
a. Stipulated Findings of Fact, Conclusions and Sanctions Order
Avon Police Incident Case Report No. 2011 - 000740 dated August 26, 2011 (Greg Daly, Lieutenant)
Establishment Name: East West Resort, LLC & Riverfront Village Restaurant, LLC d /b /a Westin Riverfront
Resort & Spa
Address: 126 Riverfront Lane
Manager: Bob Trotter
Type: Hotel and Restaurant Liquor License
Proposed Action: Resolution No. 11 -05, Series of 2011, Resolution Making the Determination that East
West Resorts LLC and Riverfront Village Restaurant LLC d /b /a Westin Riverfront Resort & Spa (Avondale
Restaurant) has violated a Law, Rule or Regulation with Respect to the Operation of its Licensed
Premises; and Ordering a Warning, Suspension or Payment in Lieu of Suspension per the Stipulated
Findings of Fact, Conclusions and Sanctions Order
(Eric Heil, Town Attorney) Show Cause Hearing to Review Findings of Fact, Conclusions and Sanctions
Order forAvon Police Department Case No. 2011- 000740
7. CONSENT AGENDA:
a. Minutes from November 8, 2011
8. ADJOURNMENT
Avon Council Meeting. 11. 11.22
Page 4 of 6
Memo
To:
Avon Liquor Licensing Authority
Thru:
Larry Brooks, Town Manager
cc:
Eric Heil, Town Attorney
From:
Debbie Hoppe, Deputy Town Clerk
Patty McKenny, ATM Management Services
Date:
November 17, 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: Fork & Knife, LLC d /b /a Blue Plate
Address: 48 Beaver Creek Blvd
Manager: Adam Roustom
Type: Hotel & 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. Blue Plate had no negative law enforcement contacts in 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. The Colorado Liquor Code §12 -47 -302 sets forth the local
authority's ability to hold a hearing on the application for renewal.
Adam Roustom, manager from the Blue Plate respectively, has been invited to attend the Liquor Board
meeting.
Financial Implications:
There are local and state liquor licensing fees associated with renewal applications that have been submitted
to the Town.
Town Manager Comments:
Attachments:
➢ State of Colorado Forms for Liquor License Renewals
➢ Avon Police Department Background Memo & Incident/ Investigation Report
Memo
To: Avon Local Liquor Licensing Authority
Thru: Larry Brooks, Town Manager
cc: Eric Heil, Town Attorney
From: Patty McKenny, Assistant Town Manager Management Services
Date: November 18, 2011
Re: Permit application & Report of Changes for Fork & Knife, Inc. d /b /a Blue Plate Bistro
Summary:
Town Council acting as the Local Liquor Licensing Authority is asked to consider the following "Permit
Application and Report of Changes" as submitted by Blue Plate Bistro. There are two sections completed
within this form as follows:
1. REPORT OF CHANGES: CHANGE OF TRADE NAME FOR HOTEL AND RESTAURANT LIQUOR LICENSE (SECTION C: 3)
a. Applicant: Fork & Knife, Inc. d /b /a Blue Plate Bistro
Address: 47 E. Beaver Creek Blvd.
Current Trade Name: Blue Plate Bistro
New Trade Name: Blue Plate
Manager: Adam Roustom
Type: Hotel & Restaurant Liquor License
2. PUBLIC HEARING FOR REPORT OF CHANGES: CHANGE OF LOCATION (SECTION C: 6)
a. Applicant: Fork & Knife, Inc. d /b /a Blue Plate
Current Address: 47 E. Beaver Creek Blvd.
New Address: 48 E. Beaver Creek Blvd.
Manager: Adam Roustom
Type: Hotel & Restaurant Liquor License
Proposed Resolution: Resolution No. 11 -04, Series of 2011, Resolution Approving Change in Location
for Fork & Knife, Inc. d /b /a Blue Plate Bistro
A Public Hearing is required for this agenda item.
Discussion:
Blue Plate Bistro is requesting both a trade name change as well as a change in location with the attached
application. The first request is to change the trade from Blue Plate Bistro to just Blue Plate. The Colorado
Liquor Code of Regulations Section 12-47 -306, Change of Trade Name, states that No licensee shall change
the name or trade name of the licensed premises without submitting written notice to the local and state
licensing authorities, not less than ten days prior to the change of name.
The second request from the owners, Adam and Elly Rousom, involves the change of location as they are
currently renovating the space at 48 E. Beaver Creek Blvd. next to VIN 48 (formerly used by Saltwater
Cowboy), and will relocate the restaurant and open sometime in December. The Local Authority may grant
permission for the licensee to permanently transfer the location to another location within the municipality
as outlined in Exhibit A: the Colorado Liquor Code 12-47 -301 General Licensing & Regulation 47 -312.
Change of Location. These sections provide the information that guides the "change of location"
application processing by the local & state authority. The Town Clerk, Town Attorney and Police Department
handle the review of liquor license applications administratively. The process is somewhat similar to the new
licensing process; a public hearing is conducted for change of location applications. The Local Authority's
decision is usually given at the conclusion of the hearing although it may be delayed. The Liquor Code of
Colorado provides that in making any decision, the Local Licensing Authority must consider the following
before approving or denying the change of location applications:
• Facts and evidence resulting from the investigation and any facts brought to the attention of the
Authority.
• The reasonable requirements of the neighborhood
• The desires of the inhabitants of the neighborhood.
• Any other pertinent matters affecting the qualifications of the applicant for the conduct of the
type of business proposed.
The Town Clerk and Town Attorney have reviewed the application for complete information and notice was
posted on the premise and published in the Vail Daily on November 11, 2011 noting the public hearing. The
background investigation was completed with the renewal of the liquor license, an agenda item prior to
consideration of the location change. The applicant has submitted a diagram of the premises which does
include an outside patio area, and petitions that reflect a total of 65 signatures from people who are in favor
of this establishment at this location; there are no signatures that oppose this application. The applicant
Adam & Elly Roustom will attend the meeting to answer questions and provide an update as to their opening
date. Please note that one motion would be acceptable on this item since both changes are included in the
one application. Upon approval from the Authority, the materials will be forwarded to the State of Colorado.
The license will only be issued upon the applicants receipt of a certificate of occupancy by the Community
Development Building Department.
Financial Implications:
The application fees have been submitted for both the Town and the State liquor license fees.
Town Manager Comments:
Exhibits for the Application are as follows:
A. Colorado Liquor Code Sections
B. Permit Application and Report of Changes
C. Diagram of Premises
D. Secretary of State Certificate of Good Standing
E. Petition
F. Lease Agreement
Change of Location: Blue Plate
Page 2 of 3
Exhibit A: Colorado Liquor Code Sections:
12- 47- 301.Ucensina in General
(9) (a) A licensee may move his or her permanent location to any other place in the same city, town, or city and
county for which the license was originally granted, or in the same county if such license was granted for a place
outside the corporate limits of any city, town, or city and county, but it shall be unlawful to sell any alcohol
beverage at any such place until permission to do so is granted by all the licensing authorities provided for in this
article.
(b) In permitting such change of location, such licensing authorities shall consider the reasonable requirements of
the neighborhood to which the applicant seeks to change his or her location, the desires of the adult inhabitants as
evidenced by petitions, remonstrances, or otherwise, and all reasonable restrictions that are or may be placed
upon the new district by the council, board of trustees, or licensing authority of the city, town, or city and county
or by the board of county commissioners of any county.
Regulation 47 -312. Change of Location:
a. In the event any licensee for the manufacture or sale of alcohol beverages shall desire to change its place of
business from that named in an existing license, it shall make application to the Department of Revenue,
Liquor Enforcement Division for permission to change location to the place where such license is to be
exercised.
b. Each such application shall be made upon forms prescribed by the Department of Revenue, Liquor
Enforcement Division, shall be verified, and shall be completed in every detail. Each such application shall
show thereon the reason for requesting such change, and in case of a retail license, shall be supported by
evidence that the proposed change will not conflict with the desires of the adult inhabitants and the
reasonable requirements of the neighborhood in the vicinity of the new location. In the case of the transfer of
location of a retail license, each such application shall contain a report of the local licensing authority of the
town, city, county, or city and county in which the license is to be exercised, which report shall show the
opinion of the local licensing authority concerning the reasonable requirements of the neighborhood and the
desires of the adult inhabitants with respect to the new location, except that in the transfer of location of a
club license the needs of the neighborhood need not be considered.
c. No change of location shall be permitted until after the Department of Revenue, Liquor Enforcement Division
shall have considered the application and such additional information as they may require, and shall have
issued to the applicant a permit for such change. The permit shall be effective on the date of issuance, and the
licensee shall, within sixty days, change the location of its business to the place specified therein and at the
same time ease to conduct the sale of alcohol beverages from the former location. The permit shall be
conspicuously displayed at the new location, immediately adjacent to the license to which it pertains.
d. In the case of a retail license no change of location shall be allowed except to another place within the same
city, town, county, or city and county in which the license as originally issued was to be exercised.
e. Upon application for change of location, public notice shall be required by the local licensing authority in
accordance with 12 -47 -311, C. R.S.
f. Prohibited Area. A licensee located within 500 feet from any public or parochial school or principal campus of
any college, university or seminary may apply for a change of location within the same prohibited area in
accordance with the requirements of 12- 47- 301(9), C.R.S., but may not apply for a change of location within
any other prohibited area as defined within 12 -47 -313, C.R.S.
Change of Location: Blue Plate
Page 3 of 3
EXHIBIT B
DR 8442 (09/24/09) Page 1
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
DENVER, COLORADO 80261
(303 }2052300
PERMIT APPLICATION
AND REPORT OF CHANGES
CURRENT LICENSE NUMBER ir''--k- j
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 ...................................... 171 Limited Liability Company
-(-
2. Name of Licensee
3. Trade Name
4.1-ocation�Add
City
County
ZIP
SELECT THE APPROPRIATE SECTION BELOW AND
PROCEED TO THE INSTRUCTIONS ON PAGE 2.
2210 -100 (999) ❑ Retail Warehouse Storage Permit (ea) $100.00
• License Account No.
11
2200 -100 (999) Wholesale Branch House Permit (ea).... 100.00
1983 -750 (999) 13 Managers Registration (Hotel & Restr.)..$75.00
2260 -100 (999)�Change Corp. or Trade Name Permit (ea). 50.00
2012 -750 (999) 1:1 Manager's Registration (Tavem) ..............$75.00
❑ Change of Manager (Other Licenses) NO FEE
2230 -100 (999) )(Change Location Permit (ea) ..................150.00
2280 -100 (999) ❑ Change, Alter or Modify Premises
$150.00 x Total Fee
2220 -100 (999) ❑ Addition of Optional Premises to Existing H/R
• Liquor License NQ.
$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
-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 directly from AMOUNT DUE
$
payment amount your bank account electronically.
.00
OR 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) Fora 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.
0 3) o 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) o 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, and
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 V" Date of Hearing (ZZ'
(a) Address of current premises L{q—r��
• City County 451 ,LC�� Zip 8 \E�
(b) Address of proposed New Premises (Attach copy of the deed or lease that establishes possession of the
• premises by the licensee)
• Address Ll 'r=-
City County e-Nsi' , �- C—Q Zip '?%Z(O
(c) New mailing address if applicable.
Address
City County State LQ Zip .4R
(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 (mo /day /year)
NOTE: THE TOTAL STATE FEE FOR TEMPORARY MODIFICATION IS $300.00
(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 ❑
(d) Is the proposed change in compliance with local building and zoning laws? ............................Yes ❑ 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 ❑ 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.
��
Signature
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EXHIBIT C
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EXHIBIT D
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,
Fork and Knife
is a Corporation formed or registered on 10/02/2007 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 20071453991.
This certificate reflects facts established or disclosed by documents delivered to this office on paper
through 10/17/2011 that have been posted, and by documents delivered to this office electronically
through 10/18/2011 @ 11:53:52.
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 10/18/2011 @
11:53:52 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation
Number 8068845.
Secretary of State of the State of Colorado
******ssssss* * *s * * * *s *sss * * * * *ss * *ss *ss * * * ** *End of
Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and a ective 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, h&,— Ant w_so. .fe.co.us b ,wi icateSearch eria.a,. entering the certificate's confirmation number
displayed on the certificate, and following the instructions displayed Co inning the issuance of a certificate is merely Ito not and is not
necessary to the valid and effective issuance ofa certificate. For more information, visit our Web site, http- irztxw.sos.siale co u.v click Business
Center and select "Frequently Asked Questions. "
CERT GS _D Revised 08/20!1008
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Memo
To: Avon Local Liquor Licensing Authority
Thru: Larry Brooks, Town Manager
Eric Heil, Town Attorney
From: Debbie Hoppe, Deputy Town Clerk
Date: November 14, 2011
Re: Report of Changes: Change Trade Name East West Resort, LLC & Riverfront Village
Restaurant LLC dlbla Westin Riverfront Resort & Spa
Summary:
The Town Council serving as the Local Liquor Authority will consider and is asked to act upon a Report of Change
for a Change in Trade Name for East West Resort, LLC & Riverfront Village Restaurant, LLC d/b /a Westin
Riverfront Resort & Spa. The new name is noted to be Westin Riverfront Resort & Spa and Cima.
Discussion:
The Colorado Liquor Code of Regulations Section 12 -47 -306, Change of Trade Name, states that No licensee
shall change the name or trade name of the licensed premises without submitting written notice to the local and
state licensing authorities, not less than ten days prior to the change of name. The appropriate paperwork was
completed & is attached for your review.
Financial Implications: The applicant has submitted the appropriate state and local fees for this application.
Town Manager Comments:
Attachments:
✓ Report of Changes (Form DR 8177)
Memo
To: Avon Local Liquor Licensing Authority
Thru: Larry Brooks, Town Manager
Eric Heil, Town Attorney
From: Patty McKenny, Asst. Town Manager Management Services
Date: November 17, 2011
Re: Liquor Board Agenda — Westin Riverfront Resort & Spa Show Cause Hearing
Summary:
The Town Council serving as the Avon Liquor Licensing Authority set a show cause hearing for this
meeting, 11/22/11, on the following matter related to East West Resorts, LLC & Riverfront Village
Restaurant, LLC d /b /a Westin Riverfront Resort & Spa as follows:
Avon Police Incident Case Report No. 2011 - 000740 dated August 26, 2011 (Greg Daly,
Lieutenant)
Address: 126 Riverfront Lane
Manager: Bob Trotter
Type: Hotel and Restaurant Liquor License
Background:
The Avon Liquor Authority was provided with a police report related to the following incident which occurred
on August 26, 2011 at the Westin's Avondale Restaurant:
Case No. 2011 - 000740
Offender: Dustin Salas
Charges: 9.12.070, sale to underage minor, Avon Municipal Code
This report informed the Local Liquor Licensing Authority about a violation that occurred on August26, 2011,
and the Authority" adopted the following Resolution No. 11 -01 as follows:
• A Resolution Finding Probable Cause To Believe That East West Resorts, LLC & Riverfront Village
Restaurant, LLC d /b /a Westin Riverfront Resort & Spa Has Violated A Law, Rule Or Regulation
With Respect To The Operation Of Its Licensed Premises; Setting A Hearing With Respect
Thereto; And Directing The Issuance And Service Of A Notice Of Hearing And Order To Show
Cause As To Why The Hotel and Restaurant Liquor License Of Such Licensee Should Not Be
Suspended Or Revoked.
The Resolution and Notice of Hearing and Order to Show Cause were given to the manager Bob Trotter after
the last meeting.
Discussion:
Please find attached a proposed stipulation drafted by the Town Attorney. Avondale's representatives, Bob
Trotter and Jon Stonbraker, Dill and Dill, have been provided this document and will be in attendance at the
show cause hearing next Tuesday. The Liquor Authority will consider the drafted stipulation and consider
what type of action will be imposed on the licensee in light of this violation.
Town Manager Comments:
Exhibits:
A. Resolution No. 11 -05 Making the Determination, etc. & Stipulated Finding of Fact, etc.
B. Resolution No. 11 -02, Finding Probable Cause and Setting Show Cause Hearing & Show Cause Hearing Notice
C. Memo & Avon Police Report (provided in the last board packet)
Memo: Westin Riverfront Resort & Spa Liquor License Violation - ! ,� Page 1
EXHIBIT A
PROCEEDINGS OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO
ACTING AS THE LOCAL LICENSING AUTHORITY
COUNTY OF EAGLE AND STATE OF COLORADO
RESOLUTION NO. 11 -05
SERIES OF 2011
IN THE MATTER OF THE HOTEL AND RESTAURANT LIQUOR LICENSE
FOR EAST WEST RESORTS, LLC & RIVERFRONT VILLAGE RESTAURANT, LLC
D /B /A WESTIN RIVERFRONT RESORT & SPA FOR THE LICENSED PREMISES
LOCATED AT 126 RIVERFRONT LANE., AVON, COLORADO
A RESOLUTION MAKING THE DETERMINATION THAT EAST WEST RESORTS, LLC &
RIVERFRONT VILLAGE RESTAURANT, LLC D /B /A WESTIN RIVERFRONT RESORT & SPA
HAS VIOLATED A LAW, RULE OR REGULATION WITH RESPECT TO THE OPERATION
OF ITS LICENSED PREMISES; AND ORDERING A WARNING, SUSPENSIO OR PAYMENT
IN LIEU OF SUSPENSION PER THE STIPULATED FINDINGS OF FACT, CONCLUSIONS
AND SANCTIONS ORDER
WHEREAS, the Town Council of the Town of Avon, acting as the local licensing
authority ( "Liquor Licensing Authority "), has received a complaint from the Avon Police
Department alleging that there was a violation of C.R.S §12- 47- 901(5)(c), concerning the sale of
fermented malt beverage to a person under the age of 21 years and Avon Municipal Code
§9.12.070, sale of alcohol to minors.
WHEREAS, Licensee appeared by Bob Trotter, Manager, and admitted the violation;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO, ACTING AS THE LOCAL LIQUOR LICENSING AUTHORITY, AS
FOLLOWS:
Section 1. The Liquor Licensing Authority finds and determines the following:
The Licensee, Westin Riverfront Resort & Spa, admits a violation of §12- 47- 901(5)(c), C.R.S.,
concerning the sale of fermented malt beverage to a person under the age of 21 and §9.12.070,
sale of alcohol to minors, Avon Municipal Code; and stipulates that the facts alleged in the Show
Cause Order did occur on August 26, 2011 as they pertain to the sale of alcohol to a minor.
The undersigned agree to the factual basis as outlined in the Stipulation:
Section 2. As the penalty for the violation, the Avon Local Liquor Licensing Authority
imposes a penalty permitted under Regulation 47 -604 and described in "Exhibit A" in the form of
a Stipulated Findings of Fact, Conclusions and Sanctions Order' to the Licensee Westin
Riverfront Resort and Spa, details of the suspension are outlined in attached Exhibit A.
Section 3. This Resolution shall be effective immediately upon adoption.
RESOLUTION APPROVED AND ADOPTED THIS 22nd DAY OF NOVEMBER 2011.
TOWN OF AVON LIQUOR LICENSING
AUTHORITY
By
ATTEST:
Patty McKenny, Town Clerk
Rich Carroll, Chairman
ALB Res. No. 11 -05 Westin Dispo
Page 2 of 2
TOWN OF AVON LIQUOR LICENSING AUTHORITY
STIPULATED FINDINGS OF FACT, CONCLUSIONS AND SANCTIONS ORDER
In the Matter of the Hotel and
Restaurant Liquor License of
East West resorts, LLC & Riverfront Village Restaurant, LLC d/b /a
Westin Riverfront Resort & Spa for the
Licensed Premises Located at
126 Riverfront Lane,
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 October 25,
2011, copies of which were mailed to the representative -of- record for Westin Riverfront Resort
& Spa ( "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 October 25, 2011 the Liquor Authority set this matter for a preliminary hearing and a show
cause hearing to be held on November 22, 2011. At the preliminary hearing, the following
persons were present:
For the Town of Avon: Police Chief Robert Ticer.
For the Licensee: Bob Trotter
II. FINDINGS AND CONCLUSIONS
1. The Licensee operates that business generally known as Westin Riverfront Resort & Spa
within the Town of Avon, Colorado and sells alcoholic beverages at such business pursuant to
Town of Avon and State of Colorado liquor licenses.
2. Factual basis: The Licensee admits a violation of C.R.S. §12-47-901(5)(c), concerning
the sale of fermented malt beverage to a person under the age of 21 years and Avon Municipal
Avondale Stipulation, Conclusions and Order for Sanctions
November 17, 2011
Page 1 of 3
Code §9.12.070, sale of alcohol to minors, and stipulates that the underlying facts as alleged in
the Notice of Hearing and Order to Show Cause occurred as it pertains to the sale of alcohol to a
minor on August 26, 2011. The undersigned agree to the following factual basis for the
Stipulation:
3. On August 26, 2011 at approximately 8:00 PM during a "compliance check" a minor
acting as a confidential informant was served a can of beer at the bar in the outdoor tent area at
the Avondale restaurant located inside the Westin Resort & Spa. The minor purchased the beer
from a bartender, later identified as Dustin Salas, who was issued a summons for selling alcohol
to a minor.
4. Pursuant to C.R.S. §12-47-901(5)(c), it is illegal to sell fermented malt beverages to a
person under the age of 21 years.
5. Pursuant to Avon Municipal Code §9.12.070 it is unlawful to sell fermented malt
beverages to any person under the age of 21.
6. In mitigation, this is the first violation of the Licensee.
III. ORDER FOR SANCTIONS
Relying upon the stipulations as set forth above, the Liquor Authority orders as follows:
1. [WARNING, SUSPENSION OR PAYMENT IN LIEU OF SUSPENSION TO BE
DETERMINED BY THE LIQUOR AUTHORITY].
2. [NOT APPLICABLE IF ONLY WARNING IS GIVEN] The Licensee will remit cash,
certified check or cashier's check to the Liquor License Administrator for $
[AMOUNT, IF ANY, TO BE DETERMINED BY THE LIQUOR AUTHORITY], no later than five
business days from the date of the certified letter or the receipt of the invoice by hand delivery.
3. [NOT APPLICABLE IF ONLY A WARNING IS GIVEN] Licensee shall timely comply
with all of the obligations as set forth in this Stipulation as well as any future dates or obligations
as required by the Town concerning documentation regarding the payment of any fine.
4. [NOT APPLICABLE IF ONLYA WARNING IS GIVEN] If at any subsequent hearing or
stipulation in lieu of bearing the Liquor Authority should find that the Licensee, during the
aforesaid one -year period, violated any provision to the Colorado Beer or Liquor Codes,
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 pay the full $ [AMOUNT, IF ANY, TO BE DETERMINED BY THE
LIQUOR AUTHORITY] fine, pursuant to this Stipulation.
Avondale Stipulation, Conclusions and Order for Sanctions
November 17, 2011
Page 2 of 3
This Order shall not be effective unless it is accepted and approved by the Liquor Authority.
Approved by Town Attorney in accordance with authority set forth in Avon Municipal
Code Section 5.08.060
By:
Eric J. Heil, Town Attorney
Date:
APPROVED BY AVON LIQUOR AUTHORITY on November 22, 2011.
BY:
Albert Reynolds,
Acting Liquor Authority Chair
ATTEST:
Catherine Mythen, Secretary
THE LICENSEE HEREBY AGREES TO THE STIPULATED FINDINGS OF FACT,
CONCLUSIONS AND ORDER FOR SANCTIONS SET FORTH HEREIN:
,Counsel for the Town
By:
Counsel or
Authorized Representative for Licensee
Avondale Stipulation, Conclusions and Order for Sanctions
November 17, 2011
Page 3 of 3
Date:
Date: