TC Ord. No. 19-04 Amending Section 9.12.080 to Authorize Town Council and Town Manager to Designate Events That Allow Persons Over 21 Years of Age to Bring and Consume Alcohol Beverages on Town Propertiesn
Avon
C O L O R A D O
ORDINANCE NO. 19-04
AMENDING SECTION 9.12.080 TO AUTHORIZE TOWN COUNCIL
AND TOWN MANAGER TO DESIGNATE EVENTS THAT ALLOW
PERSONS OVER TWENTY-ONE YEARS OF AGE TO BRING AND
CONSUME ALCOHOL BEVERAGES ON TOWN PROPERTIES
WHEREAS, the Town of Avon, Colorado (the "Town") is a home rule municipality and
political subdivision of the State of Colorado (the "State") organized and existing under a home
rule charter (the "Charter") pursuant to Article XX of the Constitution of the State; and
WHEREAS, pursuant to C.R.S. §31-15-103 and §31-15-104, and pursuant to the home rule
powers of the Town of Avon ("Town"), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, Section 11 of Senate Bill 18-243 amended the state liquor code to allow
municipalities to authorize consumption of alcohol beverages by persons over twenty-one years of
age on public properties; and
WHEREAS, the Avon Town Council finds that amendments to the Avon Municipal Code
will provide greater flexibility and opportunities to create and allow community events on Town
properties and with thereby promote the health, safety and general welfare of the Avon community;
and
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on First Reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Enactment of Section 9.12.080(c)(4). A new Sub -Section 9.12.080(c)(4) of the
Avon Municipal Code is hereby enacted to read as follows:
"(4) Pursuant to a designation by the Town Council or the Town Manager to permit persons
who are at least twenty-one years of age to bring and consume malt, vinous or spiritous
liquors or fermented malt beverages on town owned properties provided that such
designation specifies the date, location and hours of such designated event."
Section 3. Codification Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 4. Interpretation. This Ordinance shall be interpreted and applied to comply in all
respects with Article X, Section 20, of the Colorado Constitution, in its application to any person
or circumstance and no part of this Ordinance shall be interpreted or applied to constitute a tax
policy change that would require voter approval.
Section 5. Non -Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid or held to be in conflict
with Article X, Section 20, of the Colorado Constitution, such invalidity or conflict shall invalidate
this Ordinance in its entirety. The Town Council hereby declares that it would have passed this
Ordinance and each provision thereof, even though any one of the provisions might be declared
unconstitutional or invalid. As used in this Section, the term "provision" means and includes any
part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application"
means and includes an application of an ordinance or any part thereof, whether considered or
construed alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 8. No ExistinE Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in forcx
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
SeCtjQn 9. Publication. The Town Cleric is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on May 28. 2019 and setting such public hearing for June 1 r Council
Chambers of the Avon Municipal Building. located at 100 titikacia 'A, -
ATTEST: ATTEST:
Sarah Smlth Hyrnes. M..c r Brunida Torres, Town
ADOPTED ON SECOND AND FINAL RENDING on Junc 11. 20'. . COL0V�
B TEST: OFA
Sarah Smith Hymes, M Brenda Torres. Town C'I
APP O� AS TO F. t
Kathryn Sellars.
Interim Town Artomev