TC Ord. No. 20-07 Emergency Ordinance Amending Section 5.08.150(a) to Provide More Efficient Processing of Modification of Liquor Licensed PremisesAvon
C O L O R A D O
ORDINANCE NO. 20-07
AN EMERGENCY ORDINANCE
AMENDING SECTION 5.08.150(a) OF THE AVON MUNICIPAL CODE
TO PROVIDE MORE EFFICIENT PROCESSING OF MODIFCATION
OF LIQUOR LICENSED PREMISES
WHEREAS, COVID-19 is a highly contagious virus that has spread throughout the United States,
including the Town of Avon, Colorado (the "Town"); and
WHEREAS, COVID-19 may cause serious illness and death, especially with respect to elderly
persons or those with underlying health conditions; and
WHEREAS, on March 6, 2020, Eagle County declared a local disaster; and
WHEREAS, on March 10, 2020, in response to the spread of COVID-19, Governor Polis declared
a state of emergency; and
WHEREAS, on March 19, 2020, the Avon Town Manager declared a local disaster emergency,
and Town Council extended such declaration on March 24, 2020; and
WHEREAS, on March 25, 2020 Governor Polis issued Executive Order D 2020 017 wherein he
ordered Coloradoans to stay at home due to the presence of COVID-19 in the state, subject to
certain limited exceptions; and
WHEREAS, since March 25, 2020 the Colorado Department of Public Health and Environment,
has issued several Orders directed at the current coronavirus (COVID-19) public health
emergency. Included within such Orders are provisions, with certain stated exceptions, requiring
that all restaurants are closed to dine -in service; and
WHEREAS, on April 27, 2020, the Eagle County Department of Public Health issued a Public
Health Order easing some restrictions imposed by the State's Orders; however, such Eagle County
Order mandated all restaurants and bars to remain closed for dine -in service;
WHEREAS, it is anticipated Eagle County Department of Public Health will issue a new order
on May 25, 2020 to allow some restaurants to reopen for dine -in service subject to certain
restrictions on capacity; and
WHEREAS, it is anticipated the ability to provide outdoor seating and service will provide
restaurants with the ability to serve more customers under the anticipated new order; and
Ord 20-07 AMENDING SECTION 5.08.150(a) OF THE AVON MUNICIPAL CODE — May 26, 2020
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WHEREAS, some restaurants located within Avon have limited capacity to provide service
outdoors, including limited ability to serve alcoholic beverages outdoors under the restrictions set
forth in their now -existing liquor license; and
WHEREAS, certain Avon business have expressed the need and desire to expand the area in
which they are able to serve alcohol; and
WHEREAS, Section 5.08.150(a) provides the Local Liquor Licensing authority is charged with
approving the modification of a liquor licensed premises; and
WHEREAS, the Town Council finds, given the urgent need to allow certain business to
successfully reopen, it is inefficient for the Local Liquor Authority to process and grant approvals
for liquor licensed premises applications, and the Town Manager is capable of efficiently
reviewing and processing such applications; and
WHEREAS, Section 6.6 of the Charter permits the adoption of ordinances on one reading with
the concurring vote of five (5) Council members after posting notice of a public hearing and
conducting a public hearing; and,
WHEREAS, the Town Council finds that amending Section 5.08.150 of the Avon Municipal Code
to authorize the Town Manager to approve the modification of liquor licensed premises will
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 with the requirement of Section 6.5(d) of the Avon Home Rule Charter
by setting a public hearing in order to provide the public an opportunity to present testimony and
evidence 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, has determined to take final action
on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO the following:
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. Amendment to Section 5.08.150(a). Section 5.08.150(a) of the Avon Municipal
Code is hereby amended to read as follows with strike out indicating language to be deleted and
underline indicating language to be adopted:
(a) To achieve a modification of licensed premises or a change in the location of a liquor
licensed outlet, the applicant shall submit all forms and material required by the State
Liquor Enforcement Division, a fee to the Town of one hundred fifty dollars ($150.00) for
actual and necessary expenses incurred in connection with processing the application, and
any additional materials as reasonably required by the Town Attorney, Town Clerk or
Police Chief,uo well uo any information,testimony do nts ed b
u r '
Ord 20-07 AMENDING SECTION 5.08.150(a) OF THE AVON MUNICIPAL CODE — May 26, 2020
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Authority. In making a its decision with respect to a modification
of licensed premises or a change in the location of a licensed outlet, the Local Liquor
Licensing Authority or Town Clerk shall take into consideration the reasonable
requirements of the neighborhood and the desires of adult inhabitants. The Town Clerk
may approve a modification of premises but may not approve a change in the location
of a licensed outlet. The Town Clerk may refer any premise modification application
to the Local Liquor Licensing Authority in the Town Clerk's sole discretion.
Administrative approval of premise modification shall be reported to the Avon
Town Council.
Section 3. 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 4. Effective Date. This Ordinance shall take effect immediately upon adoption in
accordance with Section 6.6 of the Charter.
Section 5. Sunset of Ordinance. This Ordinance shall remain in full force and effect until
such time as the Town Council Declares the Local Disaster Emergency no longer exists.
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. Codification of 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 8. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Ord 20-07 AMENDING SECTION 5.08.150(a) OF THE AVON MUNICIPAL CODE — May 26, 2020
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Section 9. INTRODUCED AND ADOPTED ON FIRST AND FINAL READING on May
26, 2020 at the Council Chambers of the Avon Municipal Building, located at One Hundred
Mikaela Way, Avon, Colorado.
BY:
Sarah Smith Hymes, Mayfl
V S TO FO 1J:
aul Wisor, Town Attorney
ATTEST:
Torres, Town
Ord 20-07 AMENDING SECTION 5.08.150(a) OF THE AVON MUNICIPAL CODE — May 26, 2020
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