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TC Ord. No. 20-03 Business Taxes, Licenses and Regulations to Permit Optional Premises Liqour LicensesAvon C O L O R'A D O TOWN OF AVON, COLORADO ORDINANCE NO. 20-03 ADDING SECTION 5.08.210 TO TITLE 5 "BUSINESS TAXES, LICENSES AND REGULATIONS," TO THE MUNICIPAL CODE OF THE TOWN OF AVON, COLORADO TO PERMIT OPTIONAL PREMISES LIQUOR LICENSES WHEREAS, the Town of Avon, Colorado ("Town") is a home rule municipality existing pursuant to the laws of the Colorado Constitution, the Colorado Revised Statutes and the Town's Home Rule Charter; WHEREAS, the Town currently hosts events each year on the Town's outdoor sports and recreational facilities at which alcohol is served pursuant to a Special Event Permits; and WHEREAS, the Town may only use fifteen (15) Special Event Permits per year to serve alcohol at Town sponsored events; and WHEREAS, the Town wishes to host more than fifteen (15) events per year on the Town's outdoor sports and recreational facilities at which alcohol is served; and WHEREAS, pursuant to §44-3-310, C.R.S., the Town, through the Local Liquor Licensing Authority, is permitted to issue an option premises license under which an applicant may serve alcohol on the Town's outdoor sports and recreational facilities; and WHEREAS, § 44-3-310 (1), C.R.S., provides no optional premises permit shall be issued within any municipality unless the governing body of the municipality has adopted an ordinance allowing such license and adopted specific standards for the issuance of optional premises licenses; and WHEREAS, the Town Council of the Town of Avon wishes to allow for the issuance of optional premises licenses in accordance with the provisions of C.R.S. 44-3-310, and set specific standards for the issuance of such licenses; and WHEREAS, the Town Council of the Town of Avon finds that the amendment of the Avon Municipal Code of the Town of Avon, Colorado as set forth herein below is in the best interest of the Town of Avon and is necessary to be consistent with the types of alcoholic beverage licenses offered by the State of Colorado Department of Revenue. NOW, THERFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Ordinance 20-03 Optional Premise Liquor License FIRST READING — February 25, 2020 Page 1 of 4 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. Addition of Section 5.08.210 to Title 5 of the Avon Municipal Code. Section 5.08.210 "Optional Premises Licenses" is added to Title 5, Chapter 5.08 of the Avon Municipal Code to read as set forth in Exhibit A: Addition of Section 5.08.210 to the Avon Municipal Code. 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. 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, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. 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 5. Effective Date. This Ordinance shall take effect thirty (30) days after final adoption in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6, 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 7. No Existing 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, Ordinance 20-03 Optional Premise Liquor License FIRST READING — February 25, 2020 Page 2 of 4 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 force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8. Publication. The Town Clerk 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 February 25, 2020 and setting such public hearing for March 10, 2020 at the Council Chambers of the Avon Town Hall, located at 100 Mikaela Way, Avon, Colorado. G Sarah Smith Hymes, or ATTEST: Brenda Torres, Town OF:4 1 ADOPTED ON SECOND AND FINAL READING on March 10, 2020. WN F, :SEAL: :SEAL: 1 Sarah Smith Hymes, ayor APPROVED AS TO F aul Wisor, Town Attorney Ordinance 20-03 Optional Premise Liquor License FIRST READING — February 25, 2020 Page 3 of 4 ATTEST: Torres, Town EXHIBIT A — ADDITION OF SECTION 5.08.210 TO TITLE 5 OF THE AVON MUNICIPAL CODE SECTION 5.08.210 — OPTIONAL PREMISES (a) An annually renewable optional premises license for the sale or service of alcoholic beverages may be issued by the Local Liquor Licensing Authority for the following: (1) Any outdoor sports and recreational facility so long as such facility is located on or adjacent to a hotel and restaurant license and such outdoor sports and recreational facility that charges a fee for the use of such facility (2) Any stand-alone outdoor sports and recreational facility that charges a fee for the use of such facility. (b) There is no restriction on the minimum size of the outdoor sports and recreational facility which may be eligible for a related optional premises license. However, the Local Liquor Licensing Authority may consider the site of the particular outdoor sports and recreational facility in relationship to the number of optional premises requested for the facility and may reject any optional premises application if the Local Liquor Licensing Authority considers the related facility to be too small to require an optional premises. (c) There is no restriction on the number of optional premises which any one (1) licensee may have. (d) It is unlawful for any person to sell or dispense alcoholic beverages at an outdoor sports and recreational facility without having first obtained a valid optional premises license to do so as provided by this Article or in violation of any provision, restriction or limitation of the license if one has been issued. (e) Nothing contained herein shall preclude the Local Liquor Licensing Authority, in its discretion, from imposing conditions, restrictions or limitations on any optional premises license in order to serve the health, safety and welfare of the public. Any such conditions may be imposed when the license is initially issued prior to any renewal of such license or when any specific event or use of the optional premises so warrants. (f) Applications for an optional premises license shall be made to the Local Liquor Licensing Authority and shall be reviewed by the Local Liquor Licensing Authority pursuant to the procedures set forth in Sections 5.08.080 — 5.08.150. In addition to the application requirements set out in Section 5.08.090, the following information, along with any information required by the state licensing authority, shall be provided by the applicant: (1) A detailed sketch of the outdoor sports and recreational facility indicating the locations desired to be optional premises. (2) The proposed location of the permanent, temporary or movable structures or vehicles which are proposed to be used for the sale or service of alcoholic beverages; and if the applicant is requesting approval of more than one (1) optional premises, the following shall be provided: a. An explanation of the reasons for each optional premises request. b. An explanation of how the optional premises relate to each other from an operational standpoint. c. An explanation of the need for each optional premises in relationship to the outdoor sports and recreational facility and its guests and users. d. A statement and indication by reference to the map required under Paragraph (1) above which optional premises will be permanent and which, if any, will be temporary or only used for specific periods or less than one (1) year. For those optional premises that are temporary or used for specific periods, the dates, times and circumstances which will govern their usage shall be indicated. (3) Restrictions, limitations, procedures, controls and guidelines to be utilized by the licensee to ensure compliance with the provisions of the Colorado Liquor Code and related regulation. (4) Such other information as reasonably may be required to satisfy the Authority that control of the optional premises will be assured, and that the health, safety and welfare of the neighborhood and outdoor sports and recreational facility users will not be adversely affected should the optional premises license be issued. (5) The need for such an optional premises license. (6) A description of the methods which will be used to identify and control the optional premises when these are in use, including an explanation of methods for complying with provisions of the Colorado Liquor Code prohibiting sale to minors. For example, the applicant may describe the type of signs, fencing or other notices or barriers to be used in order to control the optional premises. (7) A description or demonstration of the provisions that have been made for storing malt, vinous and spirituous liquors in a secure area on or off the optional premises for future use on the optional premises. (g) If the applicant does not own the proposed optional premises, he or she shall submit to the Local Liquor Licensing Authority a written statement by the owner of the premises approving the application sought. (h) If the Local Liquor Licensing Authority approves the application, the applicant shall provide the Town with evidence that the state licensing authority has approved the location proposed to be optional premises, as required by the Colorado Liquor Code. (i) It is unlawful for any alcoholic beverages to be served on a licensed optional premise without the licensee having first provided written notice to the Town and to the state licensing authority, no less than forty-eight (48) hours prior to such service of alcoholic beverages. Such notice shall contain specific days and hours on which the optional premises are to be used for the sale or service of alcoholic beverages. Nothing contained herein shall preclude written notice, submitted forty-eight (48) hours in advance, from specifying that an optional premises may be utilized for a continuous or extended period of time, However, should any special or unusual event be anticipated to occur during any extended period of time, no less than forty-eight (48) hours' written notice should be given to the Chief of Police, who shall have the authority, on behalf of the Local Liquor Licensing Authority, to impose any conditions reasonably related towards serving the health, safety and welfare of the public. Q) In addition to or in lieu of any enforcement actions which the Local Liquor Licensing Authority takes against an adjacent hotel and restaurant license for violations of these standards or the Colorado Liquor Code and the regulations adopted pursuant thereto, the Local Liquor Licensing Authority may decline to renew the optional premises license for good cause shown. In addition, the Local Liquor Licensing Authority may suspend or revoke the optional premises license in accordance with the procedures specified in Section 5.08.160.