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LA Agenda 11-23-2004TOWN OF AVON LOCAL LIQUOR LICENSE AUTHORITY AGENDA NOVEMBER 23 2004 - IMMEDIATELY FOLLOWING REGULAR AGENDA MEETING TO BE HELD AT AVON MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, CO Call to Order / Roll Call 2. Resolution No. 04-04, Series of 2004, A Resolution Establishing the Neighborhood in Connection with Applications for New Liquor Licenses (John Dunn) - A discussion about whether or not the Local Authority will determine neighborhood on a case by case basis or establish a definition of the neighborhood for the purpose of all liquor licenses with the above Resolution. 3. Other Business 4. Consent Agenda a. Minutes from Liquor Board Meeting on November 9, 2004 5. Adjournment MEMORANDUM TO: TOWN COUNCIL ACTING AS THE LIQUOR LICENSING AUTHORITY FROM: TOWN ATTORNEY RE: DEFINITION OF NEIGHBORHOOD DATE: NOVEMBER 18, 2004 In connection with the application of Village Warehouse Wines for a retail liquor store license for premises located in The Village, the authority determined that the appropriate neighborhood was the Town of Avon, including residents of the Town, persons working in the Town and visitors to the Town. The Authority may continue to determine the neighborhood on a case by case basis or it may establish a definition of the neighborhood for the purpose of all liquor licenses. The power of the Authority to determine the neighborhood is contained in the following language of state statute: "Before granting any license, all licensing authorities shall consider ... the reasonable requirements of the neighborhood, the desires of the adult inhabitants as evidenced by petitions, remonstrances, or otherwise, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority." The Authority has broad discretion in determining the extent of the neighborhood. The neighborhood requested by Village Warehouse Wines was comprised of the Town east of Avon Road extended (in other words, not including Wildridge or Mountain Star) and most of Eagle Vail. There also was testimony that liquor stores typically are placed in high traffic areas (obviously to serve that traffic), and it was and is my opinion that the Authority may include customers of Wal-Mart and Home Depot in the neighborhood. The Authority may expand upon that neighborhood based upon the knowledge and experience of its members and include areas outside the Town including the entire "Vail Valley" or some portion thereof. The Authority may also designate different neighborhoods for different types of licenses or designate one neighborhood for all types of licenses. The determination of the neighborhood in the Village Warehouse Wines hearing was well reasoned and received the support of a majority of the members of the Authority. It was also observed that it is important that the applicant be aware of the definition of the neighborhood in advance of the hearing so that evidence can be presented which addresses the needs of that neighborhood, as so defined. Finally, in my own mind, there is no difference in neighborhoods for different types of licenses. In other words, it seems to me that, particularly when the neighborhood is broadly defined, a retail liquor store serves the same neighborhood as does a restaurant or tavern. Also, it ob,,,,;ously is simpler to have one definition for all types of licenses. It is therefore my recommendation that you adopt the resolution which follows this memorandum. JWD:ipse PROCEEDINGS OF THE LIQUOR LICENSING AUTHORITY OF THE TOWN OF AVON, COUNTY OF EAGLE AND STATE OF COLORADO RESOLUTION NO. 04-04 SERIES OF 2004 A RESOLUTION ESTABLISHING THE NEIGHBORHOOD IN CONNECTION WITH APPLICATIONS FOR NEW LIQUOR LICENSES WHEREAS, § 12-47-301(2)(a), C.R.S., requires that, before granting any license, the local liquor licensing authority shall consider the reasonable requirements of the neighborhood, as evidenced by petitions, remonstrances or otherwise; and WHEREAS, § 12-47-301(2)(a), C.R.S., further authorizes the local liquor licensing authority to place restrictions upon, and otherwise define, the neighborhood for the foregoing purposes; and WHEREAS, persons transacting business or spending leisure time within the Town of Avon include not only residents of the Town but also persons employed within the Town and persons visiting the Town and neighboring resorts. NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE TOWN OF AVON: 1. The neighborhood to be served by any applicant for a liquor license of any kind shall be the Town of Avon, including residents of the Town, persons working in the Town and visitors to the Town. 2. The burden shall be on the applicant to demonstrate that there does exist a reasonable requirement in such neighborhood for the type of license for which application is made. ADOPTED the 23rd day of November 2004. Chairman Patty McKenny, Secretary