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LA Res. No. 2012-04 Matter of the Hotel and Resturant liquor license for China Garden, IncPROCEEDINGS 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 -04 SERIES OF 2012 IN THE MATTER OF THE HOTEL AND RESTAURANT LIQUOR LICENSE FOR CHINA GARDEN, INC. D /B /A CHINA GARDEN FOR THE LICENSED PREMISES LOCATED AT 100 W. BEAVER CREEK BLVD., AVON, COLORADO A RESOLUTION MAKING THE DETERMINATION 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; AND ORDERING A WARNING, SUSPENSION 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 Sharon Mou, 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, China Garden, 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 September 14, 2012 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 China Garden; 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 11TH DAY OF DECEMBER 2012. TOWN OF AVON LIQUOR LICENSING AUTHORITY R' 6 Carroll, Cha man ALB Res. No. 12 -04 China Garden Dispo Page 2 of 2