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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 Page 1 of 3 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 Page 2 of 3 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 Page 3 of 3 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 Page 4 of 3