LA Res. No. 2012-01 A Resolution Finding Probable Cause To Believe that China Garden, Inc. has violated a law of rule or regulationPROCEEDINGS 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. 12 -01
SERIES OF 2012
IN THE MATTER OF THE HOTEL AND RESTAURANT LIQUOR LICENSE
CHINA GARDEN, INC. D /B /A CHINA GARDEN FOR THE LICENSED PREMISES LOCATED AT 100 W. BEAVER
CREEK BLVD., AVON, COLORADO
A Resolution Finding Probable Cause To Believe That China Garden, Inc. d /b /a China
Garden 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
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 on September 20, 2012 China Garden ( "Licensee ") violated the
following laws:
✓ Avon Municipal Code 9.12.070, sale of alcohol to minors
✓ CRS 12- 47- 901(5)(c), sale of fermented malt beverage to a person under the age of 21
years
WHEREAS, the Liquor Licensing Authority, acting pursuant to §12 -47 -601, C.R.S., and
Regulation 47- 600(A) of the Liquor Regulations, has determined by investigation or otherwise
that there is probable cause to believe that the Licensee has violated such laws, rules or
regulations as alleged in the complaint as set forth above.
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. A hearing shall be held before the Town of Avon Town Council, acting as the
local licensing authority, on November 27, 2012 commencing at 5 PM or as soon thereafter as
the matter may be heard, to consider the complaint against the Licensee as described above.
Such hearing shall be held in the Town Council Chambers of the Avon Town Hall, One Lake
Street, Avon, Colorado. At such hearing the Licensee shall appear and show cause, if any it
may have, why its Hotel and Restaurant Liquor License for the licensed premises described as
100 W. Beaver Creek Blvd., Avon, Colorado should not be suspended or revoked by the Liquor
Licensing Authority for one or more violations of the laws, rules or regulations which govern the
operation of the licensed premises, all as more described in the complaint set forth above.
Section 2. The Town Clerk shall issue and cause to be served upon the Licensee a
Notice of Hearing and Order to Show Cause as required by Regulation 47- 600(B) of the Liquor
Regulations. A certified copy of this Resolution shall also be served upon the Licensee along
with Notice of Hearing and Order to Show Cause.
Section 3. The hearing set by this Resolution shall be conducted in accordance with the
provisions of §12 -47 -601, C.R.S., Regulation 47- 600(B) of the Liquor Regulations and other
applicable law.
Section 4. This Resolution shall become effective upon its adoption.
RESOLUTION APPROVED AND ADOPTED THIS 23RD DAY OF OCTOBER 2012.
ATTEST: to
y M Kenny
To n CI rk
APPROVED IN FORM
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TOWN OF AVON LIQUOR LICENSING
AUTHORITY
By
Rich Carroll, Chairman
ALB Res. No. 12 -01 China Garden Violation
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