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LA Minutes 10-26-2010TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, OCTOBER 26, 2010 „MEETING BEGINS AT 5 PM AVON TOWN HALL, ONE LAKE STREET a f-4 t. PRESIDING OFFICIALS CHAIRMAN RON WOLFE VICE CHAIRMAN BRIAN SIPES BOARD MEMBERS RICHARD CARROLL, DAVE DANTAS, KRISTI FERRARO 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. CALL TO ORDER / ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. RENEWAL LIQUOR LICENSES a. Applicant: Vail Valley Mexican Foods, LLC d /b /a Agave Address: 1060 W. Beaver Creek Blvd Manager: Richard Wheelock Type: Hotel & Restaurant Liquor License b. Applicant: Fork & Knife Inc, d /b /a Blue Plate Address: 47 East Beaver Creek Blvd Manager: Adam Roustom Type: Hotel & Restaurant Liquor License c. Applicant: Avon Properties Leasing, LLC d /b /a Village Warehouse Wines Address: 101 Fawcett Road Manager: James Valerio Type: Retail Liquor Store License 4. CONSENT AGENDA a. Minutes from September 28, 2010 5. ADJOURNMENT Avon Council Meeting.10.10.26 Page 2 of 4 Memo To: Avon Liquor Licensing Authority Thru: Larry Brooks, Town Manager cc: Eric Heil, Town Attorney From: Debbie Hoppe, Court Clerk Date: October 21, 2010 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: Vail Valley Mexican Foods, LLC d /b /a Agave Address: 1060 W. Beaver Creek Blvd Manager: Richard Wheelock Type: Hotel & Restaurant Liquor License b. Applicant: Fork & Knife Inc, d /b /a Blue Plate Address: 47 East Beaver Creek Blvd Manager: Adam Roustom Type: Hotel & Restaurant Liquor License c. Applicant: Avon Properties Leasing, LLC d /b /a Village Warehouse Wines Address: 101 Fawcett Road Manager: James Valerio Type: Retail Liquor Store 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. Police Report results are summarized below: a. There have been no alcohol or smoking related calls for Agave during the past year. b. There have been no alcohol or smoking related calls for Blue Plate during the past year. c. There has been one incident at Village Warehouse Wines during the past year. A violation occurred on April 9, 2010 when an employee of Village Warehouse Wines sold beer to an underage person during a county wide compliance check. The penalty for the violation imposed by the Avon Local Liquor Licensing Authority, and permitted under Regulation 47 -604, is described in Resolution No. 10 -05, see below for the details of penalty as outlined in the resolution: Two (2) days of the five (5) days to be paid with a fine in lieu of the suspension currently scheduled for Tuesday, May 25 and Wednesday, May 26, 2010. The fine shall be equivalent to twenty percent (20 %) of Village Warehouse Wines' gross revenues from the sale of alcoholic beverages on May 25 and 26, 2010, except that the fine shall not be less than $200 no more than $5,000. Fine in the amount of $638.06 was paid in full June 16, 2010. Three (3) days of the five days suspension to be served Sunday, May 16, 2010 (already served) and Sunday, May 23, 2010, and Monday, May 24, 2010. Five (5) days of the suspension is held in abeyance on the condition that Village Warehouse Wines does not violate any provisions of the Colorado Beer or Liquor Codes, including all regulations there under, or any portion of the Town of Avon Municipal Code concerning the sale or service of alcoholic beverages. The five day suspension held in abeyance will not be affected by Village Warehouse Wines serving the actual suspension and paying the fine outlined above and will remain held in abeyance until May 11, 2011 unless a violation occurs sooner. The applicant served the suspension and paid the fine in the amount of $638. 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 Memos Liquor Memo Renewal.doc Page 2 of 2 TOWN OF AVON, COLORADO MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING HELD SEPTEMBER 28, 2010 The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of Avon, Colorado convened at 5:25 PM at the Avon Town Hall, One Lake Street, Avon, Colorado. A roll call was taken and Board members of the Authority present were Ron Wolfe as Chairperson, and Board members Dave Dantas, Rich Carroll, Kristi Ferraro, Amy Phillips, Buz Reynolds and Brian Sipes. LIQUOR LICENSE RENEWALS a. Applicant: Pazzo's West Inc, d /b /a Pazzo's Pizzeria Address: 82 E. Beaver Creek Blvd. Manager: Mark Colwell Type: Hotel and Restaurant Liquor License Chairman Wolfe stated that all application materials were in order. Board member Sipes moved to approve the renewal of the hotel and restaurant liquor license for Pazzo's West Inc, d /b /a Pazzo's Pizzeria. Board member Carroll seconded the motion and it passed unanimously. b. Applicant: Krusen Inc, d /b /a Avon Liquors Address: 100 W. Beaver Creek Blvd Manager: Brian Kruse Type: Retail Liquor Store License Chairman Wolfe stated that all application materials were in order. Board member Carroll moved to approve the renewal of the retail liquor store license for Krusen Inc, d /b /a Avon Liquors. Board member Ferraro seconded the motion and it passed unanimously. c. Applicant: Duong Inc, d /b /a Panda City Address: 222 Beaver Creek Place Manager: Thanh Quy Duong Type: Hotel and Restaurant Liquor License Chairman Wolfe stated that all application materials were in order. Board member Sipes moved to approve the renewal of the hotel and restaurant liquor license for Chair Duong Inc, d /b /a Panda City. Board member Carroll seconded the motion and it passed unanimously. CONSENT AGENDA It was noted to revise the minutes to state that Board member Ferraro was present at that meeting not absent. Board member Sipes moved to approve the consent agenda; Board member Reynolds seconded the motion and it passed unanimously. a. Minutes from September 14, 2010 There being no further business to come before the Board, the meeting adjourned at 5:30 PM. RESPECTFULLY SUBMITTED: Patty McKenny, Secretary APPROVED: Rich Carroll Dave Dantas Kristi Ferraro Amy Phillips Albert "Buz" Reynolds Brian Sipes Ron Wolfe