TC Ord. No. 20-12 Amending Title 5, Title 8 and Title 9 of the Avon Municipal Code in Connection with Amendments to the State of Colorado Beer, Liquor and Special Event Permit CodesAvon
COLORADO
ORDINANCE NO. 20-12
AMENDING TITLE 5, TITLE 8 AND TITLE 9 OF THE AVON MUNICIPAL CODE IN
CONNECTION WITH AMENDMENTS TO THE STATE OF COLORADO BEER,
LIQUOR AND SPECIAL EVENT PERMIT CODES
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, Colorado HB 18-102, which recodifies the State of Colorado's beer, liquor,
and special event permit codes from Title 12 of the Colorado Revised Statutes to the newly
created Title 44, but did not make substantive changes to these statutes, was signed into law and
took effect on October 1, 208; and
WHEREAS, the Town's Municipal Code contains numerous references to various
provisions of the Colorado Beer Code, the Colorado Liquor Code, and the Colorado Special
Event Liquor Permit Code; and
WHEREAS, it is necessary to change the references to such codes contained in the
Town Municipal Code to reflect to recodification of said codes from Title 12 of the Colorado
Revised Statutes to Title 44 of the Colorado Revised Statutes; 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. The following sections of the Town Municipal Code are amended to read as
follows with strike out indicating language to be deleted and underline indicating language to
be adopted:
5.08.010 — Purpose
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Pursuant to the authority of Articles 47 and;8 3, 4, and 5 of Title 43 44, C.R.S., 1973, as
amended, which are specifically adopted by the Town, this Chapter is enacted for the purpose of
promoting the health, safety and welfare of the present and future inhabitants of the Town by
regulating, controlling and licensing the sale of malt, vinous and spirituous liquors.
5.08.020 - Local Licensing Authority—establishment.
There is created and established a Local Liquor Licensing Authority for the Town which
shall have and is vested with the authority to grant or refuse licenses for the retail sale of malt,
vinous and spirituous liquors, as provided by law, to conduct investigations in connection
therewith, and to suspend or revoke such licenses for cause in the manner provided by law. The
Local Liquor Licensing Authority shall have all the powers and authority granted by Title 4-2 44,
Articles 47 and 48 3, 4, and 5, C.R.S., 1973, as amended, and by the terms and provisions of this
Chapter.
5.08.090 - Application—requirements.
No application shall be deemed complete unless accompanied by the following:
(1) An oath or affirmation that all information submitted has been given fully, accurately,
truthfully and without concealment of any material fact or facts;
(2) All forms required by the state licensing authority, complete in every detail;
(3) Payment in full of the Town and state license fees and an additional five -hundred -
dollar fee for the actual and necessary expenses of processing the application,
conducting an investigation, conducting a public hearing and for publishing and posting
the required notice of such hearing;
(4) If the applicant is a partnership, a certificate of copartnership, except as between
husband and wife;
(5) If the applicant is a corporation, a copy of its articles of incorporation and in addition
the names and addresses of all persons holding stock, and, if a foreign corporation,
evidence of its qualification to do business in this State;
(6) Three (3) character reference letters for any manager of the proposed establishment;
(7) Copies of any contract or agreement which confers a power or authority upon any
party to manage, operate or supervise the affairs of the proposed establishment and the
acts of its servants, whether such a contract or agreement is presently in effect or
whether it is intended to become effective following issuance of a license;
(8) Information concerning the financial and management interests of persons connected
with the business and copies of documents governing the terms and conditions of
ownership, management and right to the possession of the premises proposed to be
licensed;
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(9) An affidavit stating that the outlet is not located within five hundred (500) feet of any
public or parochial school or the principal campus of any college, university or
seminary, as computed by direct measurement from the nearest property line of the land
used for school purposes to the nearest portion of the building in which the liquor is to
be sold, using a route of direct pedestrian access;
(10) A statement that the following persons have presented themselves to the Police
Department for fingerprinting and the taking of whatever other information may be
required by that Department:
a. If the applicant is a natural person, that person,
b. If the applicant is a partnership, all of the partners,
c. If the applicant is a corporation, both the officers and directors, together with any
person owning more than ten percent (10%) of the stock thereof,
d. Irrespective of the identity of the applicant, the manager of the proposed
establishment;
(11) Any other information, document or form which the authority deems necessary to
carry out its duties as set forth in Title 4-2 44, Articles 47 and 48 3, 4, and 5, C.R.S.,
1973, as amended, and all applicable regulations.
5.08.110 - Hearing—scheduling—notice—attendance.
(a) Upon receipt of the application material referred to in Sections 5.08.080 through 5.08.100,
the Town Clerk shall place the license application on the agenda for the next meeting of the
Local Liquor Licensing Authority to be held no sooner than thirty (30) days from the receipt
of the application material.
(b) Following the receipt of the application material, complete and correct in every detail, the
Town Clerk shall, in accordance with the provisions of Section 12^x-47 136 44-3-311, C.R.S.
1973, as amended, publish and post the required notices.
(c) The following persons shall be in attendance at the meeting of the Local Liquor Licensing
Authority at which the application is considered:
(1) If the applicant is an individual, that individual; or
(2) If the applicant is a partnership, any partner; or
(3) If the applicant is a corporation, any officer of the corporation; or
(4) Counsel for the applicant.
It is also recommended that the manager of the proposed establishment be in attendance at this
hearing, and, if a manager has been selected or retained, the Authority may require his or her
attendance. The Authority may also require the attendance of such other person or persons as it
deems necessary or desirable, and may, within its discretion, waive attendance by any one (1) or
more of the designated persons.
Ord 20-12 Amendments to Beer, Liquor and Special Event Code September 8, 2020
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5.08.140 - Renewal applications—timeliness—procedure upon submission—factors to be
considered by Authority—notice to licensee.
(a) All renewal applications for malt, vinous and spirituous liquor licenses shall be submitted
on the prescribed forms no later than forty-five (45) days prior to the date on which the
license expires; except that the Local Liquor Licensing Authority may, for good cause
shown, waive this time requirement.
(b) The proper fees and such additional material as the Local Liquor Licensing Authority may
deem necessary shall accompany the renewal application. This material shall be submitted to
and filed with the Town Clerk, who shall officially accept no application that is not
complete in every detail. Any application determined to be incomplete by the Town Clerk
shall be returned to the applicant for completion or correction without any additional action
on the part of the Town Clerk or the Local Liquor Licensing Authority. Should any
application for renewal be received less than forty-five (45) days prior to the date on which
the license expires, it shall be deemed a late application, but, as indicated in Subsection (a)
of this Section, this time requirement may be waived. Neither the Town Clerk nor the Local
Liquor Licensing Authority shall in any way be responsible for the failure of a license to
issue by the expiration date. Further, nothing in this Chapter shall serve as authority for any
sale at retail of alcoholic beverages without a license obtained pursuant to this Chapter and
the provisions of Title 13 44, Article 47 3, Colorado Revised Statutes, 1973, as amended.
(c) Upon receiving a completed renewal application, the Town Clerk shall forward the entire
file of the applicant, including the renewal application to the Local Liquor Licensing
Authority for consideration.
(d) At its next meeting following receipt of the completed renewal application, the Local
Liquor Licensing Authority shall consider the renewal request and application. Unless
evidence to the contrary is presented to the Local Liquor Licensing Authority, the
presumption will be that the premises for which renewal is sought do comply with the
provisions of the Colorado Liquor Code, that the character of the renewal applicant is
acceptable and that the renewal of the license, if granted, will meet the reasonable
requirements of the neighborhood and the desires of the inhabitants thereof. In such a case,
the Local Liquor Licensing Authority shall approve the renewal application and forward
such application and the required fees to the state licensing authority no later than fifteen
(15) days prior to the expiration date of the application.
(e) If, prior to the meeting at which renewal is to be considered, there is any evidence that any
of the presumptions contained in Subsection (d) of this Section do not apply, whether such
evidence is called to his or her attention by the Police Chief, Town Attorney, a citizen or by
someone else, the Town Clerk shall attempt to notify the applicant for renewal of the nature
of such evidence. If any such evidence is presented at the renewal hearing, the applicant may
request a continuation of the hearing in order to respond. The granting of such a
continuation shall be discretionary with the chairperson of the Local Liquor Licensing
Authority.
(f) The Town Clerk may review and approve renewal applications without conducting a public
hearing provided that the (1) the Application is complete, (2) there are no new liquor license
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violations during the last year, (3) there is no new activity on the criminal background
check, (4) there is no evidence that the premises for which renewal is sought does not
comply with the provisions of the Colorado Liquor Code, and (5) there is no request for a
public hearing before the Local Liquor Licensing Authority. The Town Clerk shall publish
notice of the renewal application at least seven days before taking action and such notice
shall state that comments may be submitted to the Town Clerk. The Town Clerk may refer
any renewal application to the Local Liquor Licensing Authority in the Town Clerk's sole
discretion. Administrative approval of renewal applications shall be reported to the Avon
Town Council.
5.08.160 - Suspension and revocation—written complaints.
(a) The Local Liquor Licensing Authority has the power and authority upon its own motion or
complaint to:
(1) Summarily suspend any license for a period of fifteen (15) days, pursuant to Section
'2^x-47 110 44-3-601, C.R.S., 1973, as amended, and
(2) Upon notice to the licensee, and following a public hearing at which all parties in
interest shall have an opportunity to be heard, suspend any license for a period not to
exceed six (6) months or to revoke such license. Hearings conducted in connection with
such procedures shall be held in accordance with the provisions of this Chapter.
(3) Fine in lieu of suspension.
a. Whenever a decision suspending a retail license for fourteen (14) days or less
becomes final, whether by failure of the retail licensee to appeal the decision or by
exhaustion of all appeals and judicial review, the retail licensee may, before the
operative date of the suspension, petition for permission to pay a fine in lieu of
having his or her retail license suspended for all or part of the suspension period.
Upon the receipt of the petition the Local Liquor Licensing Authority may, in its
sole discretion, stay the proposed suspension and cause any investigation to be
made which it deems desirable and may, in its sole discretion, grant the petition if it
is satisfied:
1. That the public welfare and morals would not be impaired by permitting the retail
licensee to operate during the period set for suspension and that the payment of the
fine will achieve the desired disciplinary purposes;
2. That the books and records of the retail licensee are kept in such a manner that the
loss of sales of alcoholic beverages which the retail licensee would have suffered had
the suspension gone into effect can be determined with reasonable accuracy
therefrom; and
3. That the retail licensee has not had his or her license suspended or revoked, nor had
any suspension stayed by payment of a fine, during the two (2) years immediately
preceding the date of the motion or complaint which has resulted in a final decision to
suspend the retail license.
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b. The fine accepted shall be the equivalent to twenty percent (20%) of the retail
licensee's estimated gross revenues from sales of alcoholic beverages during the
period of the proposed suspension; except that the fine shall be not less than two
hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00).
C. Payment of any fine pursuant to the provisions of this Subsection shall be in the
form of cash or in the form of a certified check or cashier's check made payable to
the Local Liquor Licensing Authority.
(4) Upon payment of the fine pursuant to Subsection (a)(3) of this Section, the Local
Liquor Licensing Authority shall enter its further order permanently staying the
imposition of the suspension. The governing body of the Authority shall cause such
moneys to be paid into the general fund of the Local Liquor Licensing Authority.
(5) In connection with any petition pursuant to Subsection (a)(3) of this Section, the Local
Liquor Licensing Authority is limited to the granting of such stays as are necessary for
it to complete its investigation and make its findings and, if it makes such findings, to
the granting of an order permanently stayed, the suspension shall go into effect on the
operative date finally set by the Local Liquor Licensing Authority.
(b) The Town Clerk, as secretary to the Local Liquor Licensing Authority, shall receive
written complaints concerning establishments licensed pursuant to the terms of this chapter.
Such complaints shall be placed in the file pertaining to that licensee and presented to the
Local Liquor Licensing Authority as the seriousness and urgency of the matter complained
of demands.
5.08.170 - Special events permits—procedure.
(a) The procedures and requirements for special events permits in Section 12 48-101 44-5-
101, et seq., C.R.S., as enacted and elected in this Section, shall apply to special event
permit applications.
(b) Pursuant to Section 12 48-=07 44-5-107(5)(a), the Local Licensing Authority elects not to
notify the state licensing authority to obtain the state licensing authority's approval or
disapproval of applications for special event permits. The Local Licensing Authority shall
report to the state liquor enforcement division within ten (10) days after issuing a special
event permit the following information: (1) the name of the organization to which the permit
was issued; (2) the address of the permitted location; and (3) the permitted dates of alcohol
beverage service.
(c) Upon receipt of an application for a special event permit, the Local Licensing Authority
shall, as required by Section 1248 107 44-5-107(5)(c), C.R.S., access information made
available on the state licensing authority's website to determine the statewide permitting
activity of the organization applying for the permit. The Local Licensing Authority shall
consider compliance with the provisions of Section 12-48-105 44-5-105(3), C.R.S., which
restricts the special event permits issued to any organization to no more than fifteen (15)
days in one (1) calendar year, before approving any application.
Ord 20-12 Amendments to Beer, Liquor and Special Event Code September 8, 2020
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(d) Each application for a special event permit shall be accompanied by an application fee in
an amount equal to the maximum local licensing fee established by Section 12 48 107 44-5-
107(2), C.R.S.
(e) The Town Clerk may review and approve special event applications without conducting a
public hearing provided that the (1) the Application is complete, (2) there are no liquor
license violations during the last five years, (3) there is no criminal activity indicated on the
criminal background check, (4) the special event permit application is for an event approved
by the Avon Town Council on Town property which indicated the time, date and location of
the event, and (5) there is no request for a public hearing before the Local Liquor Licensing
Authority. The Town Clerk shall publish notice of the special event permit application at
least seven days before taking action and such notice shall state that comments may be
submitted to the Town Clerk. The Town Clerk may refer any renewal application to the
Local Liquor Licensing Authority in the Town Clerk's sole discretion. Administrative
approval of special event applications shall be reported to the Avon Town Council.
5.08.190 - Temporary permits.
(a) Purpose. This Section is enacted in accordance with Seetions 12 46 106.5 and 12 47
106.544-3-303, C.R.S., which authorize a local licensing authority, at its discretion, to issue
a temporary permit to a transferee of a fermented malt beverage license or a liquor license
issued by the State Licensing Authority.
(b) Temporary permit. The Local Liquor Licensing Authority of the Town is hereby
authorized to issue a temporary permit to a transferee of a fermented malt beverage license
or of any class of liquor license which shall authorize the transferee to continue selling such
fermented malt beverages or alcoholic beverages as permitted under the permanent license
during the period of which an application to transfer the ownership of the license is pending.
(c) Conditions. A temporary permit shall authorize the transferee to conduct business and sell
either fermented malt beverages or alcoholic beverages, as the case may be, at retail in
accordance with the license of the transferor subject to compliance with all of the following
conditions:
(1) The premises where such fermented malt beverages or alcoholic beverages are sold
shall have been previously licensed by the state and Local Liquor Licensing Authority
and such license shall have been valid at the time the application for transfer of
ownership was filed with the Local Liquor Licensing Authority.
(2) The applicant has filed with the Local Liquor Licensing Authority on forms provided
by the Department of Revenue a completed application for the transfer of the fermented
malt beverage license or the liquor license.
(3) The application for a temporary permit shall be filed no later than thirty (30) days after
the filing of the application for transfer of ownership and shall be accompanied by a
temporary permit fee of one hundred dollars ($100.00).
(d) Process. The temporary permit set forth in this Section may be granted by the Town Clerk
with the verbal approval of the chairman of the Local Liquor Licensing Authority and if the
chairman is not available such approval may be given by any member of the Local Liquor
Ord 20-12 Amendments to Beer, Liquor and Special Event Code September 8, 2020
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Licensing Authority. If so granted, the temporary permit shall be issued within five (5)
working days after the receipt of the completed application. A temporary permit issued in
accordance with this Section shall be valid until such time as the application to transfer
ownership of the license to the applicant is granted or for one hundred twenty (120) days,
whichever shall occur first; except that, if the application to transfer the license has not been
granted within the one -hundred -twenty -day period and the transferee demonstrates good
cause, the Local Liquor Licensing Authority may extend, in its discretion, the validity of
said permit for an additional period not to exceed sixty (60) days.
(e) Bankruptcy. A temporary permit may also be authorized in the event of a transfer of
possession of the licensed premises by operation of law, a petition in bankruptcy pursuant to
federal bankruptcy law, the appointment of a receiver, a foreclosure action by a secured
party, or a court order dispossessing the prior licensee of all rights of possession pursuant to
Article 40 of Title 13, C.R.S.
(f) Cancellation. A temporary permit issued in accordance with this Section may be canceled,
revoked or summarily suspended if the local or state licensing authority determines that
there is probable cause to believe that the transferee has violated any provision of this
Article or has violated any rule or regulation adopted by the local or state licensing authority
or has failed to truthfully disclose those matters required pursuant to the application forms
required by the Department of Revenue.
5.08.200 - Alcoholic beverage tasting.
In accordance with Section 12 ^�= 44-3-30100)(a), C.R.S., retail liquor store and liquor -
licensed drugstore licensees are authorized to conduct alcoholic beverage tastings subject to the
limitations contained in Section 12 ^z- 7 301 44-3-301 (10), C.R.S., and subject to no additional
limitations. No further application shall be required prior to the conducting of tastings.
8.25.020 — Definitions — the following definition is contained in this Section is amended as
follows:
Restaurant means any coffee shop, cafeteria, sandwich stand, open food stand, private
and public school cafeteria and any other eating establishment which gives or offers food to the
public, guests or employees, as well as kitchens in which food is prepared on the premises for
serving elsewhere, including catering facilities, except that restaurant shall not include a cocktail
lounge or tavern if said cocktail lounge or tavern is a bar as defined above. A facility shall
conclusively be considered to be a restaurant for the purposes of this Chapter, regardless of the
category of liquor license under which that facility operates, if such facility:
a. Serves malt, vinous and/or spirituous liquors; and
b. Includes a restaurant, as defined by Section 12 47 103(30' 44-3-103(47), C.R.S.;
or operates ., �,:*,.�,e „a for r .,lam as define by Seel;,,„ 12 47
va operates sa auwaawa uu�.0 ava Ni a,Nui iia "' ,
10 3 (zn�E-.4Z-.S.
Ord 20-12 Amendments to Beer, Liquor and Special Event Code September 8, 2020
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As used in this Chapter, restaurant shall include any outdoor seating or serving areas
within the exterior walls, fences or otherwise defined limits thereof.
8.38.060 - Exemptions.
A. A retailer may provide a disposable paper bag to a customer with no fee if the customer
provides proof that he or she is a participant in a federal or state food assistance program.
B. A retail liquor store, as defined in C.R.S. § 12�-47 1-03(31) 44-3-103(48), may provide a
disposable paper bag to a customer with no fee if the disposable paper bag is provided for
the containment of carry -out alcoholic beverages as defined in C.R.S. § 12 47 103 44-3-103
(2).
9.12.080 - Drinking on public property and public rights-of-way without permit prohibited.
(a) It is unlawful for any person to consume any malt, vinous or spirituous liquors or
fermented malt beverages upon any street, alley, sidewalk, park, public property, public
building or public parking lot in the Town or in any vehicle upon such places unless
authorized in this Section 9.12.080.
(b) It is unlawful for any person to possess or have in his or her possession or under his or her
control in or upon any street, alley, sidewalk, park, public building or public parking lot in
the Town, any malt, vinous or spirituous liquors or fermented malt beverages in any
container of any kind or description which has been opened or which is not sealed or upon
which the seal is broken, except in areas permitted pursuant to Subsection (c) of this Section.
The word sealed means the regular seal applied by the United States Government over the
cap of all malt, vinous or spirituous liquors or fermented malt beverages. It shall not be
unlawful for any person to have in his or her possession or under his or her control one (1)
opened container of vinous liquor removed from a licensed premises pursuant to Section 13-
47 411(3.5) 44-3-413, C.R.S.
(c) Consumption and possession of malt, vinous or spirituous liquors or fermented malt
beverages on public property and/or public rights-of-way is permitted under the following
limited circumstances:
(1) Pursuant to the time, location and limitations of a special events permit that has been
issued pursuant to Article 48 5, Title 13 44, C.R.S.;
(2) Pursuant to a private event permit when such person is a member or guest of a
qualifying organization and which event meets the qualifications for exemption from
special event permits pursuant to Section 12^�-48- 08 44-5-108, C.R.S., except that the
consumption of spirituous liquors shall not be permitted by any person at an event
which meets the qualifications for exemption from special event permits pursuant to
Section 12 48-108 44-5-108, C.R.S.; and,
(3) Pursuant to a private event permit that meets the minimum requirements of Section
9.40.040.
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(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.
9.40.050 - Restrictions on uses and activities.
It is unlawful to engage in any activities within any park facility or special event area in
violation of any of the following, unless a permit is approved in advance by the Town for
conducting such activities as outlined in this Section.
(1) Aircraft. No person shall land in or take off from any park an aircraft or recreational
equipment for air travel, without first obtaining a permit from the Town. Aircraft and
recreational equipment for air travel include, but are not limited to, airplanes,
helicopters, hot air balloons, paragliders, parachutes and hang gliders.
(2) Alcoholic beverages. No person within a park or special event area shall consume or
have in his or her possession or custody any spirituous liquor, malt liquor or vinous
liquor as defined in Section 12 4�3 44-3-103, C.R.S., except under the conditions set
forth in Section 9.12.080 of this Title.
(3) Amplified sound. No person shall use or operate a loudspeaker or sound -amplifying
equipment in any park or special event area without a permit obtained pursuant to
Chapter 5.24 of this Code. Amplified sound occurring before 9:00 a.m. or after 8:00
p.m. in any park or special event area must be approved by the Town Council through a
special hearing pursuant to Section 5.24.020.
(4) Athletic fields. Softball and baseball activity is restricted to the softball field and the
general area on the west side of Nottingham Lake below the dam. Reservations for use
of the softball and athletic fields shall be determined by the Town, shall be on a first-
come, first-served basis for the general public (not including teams, events or programs
scheduled by the Town), and persons or organizations with reservations shall have
priority for use of the fields over those without reservations.
(5) Camping. No person shall camp overnight in any park or special event area except
pursuant to a permit approved by the Town.
(6) Commercial activities. No commercial activities, including but not limited to private
lessons, photography, video or filming, may occur in any park or special event area
without first having obtained a permit or license from the Town.
(7) Dogs. Dog owners shall comply with all animal control ordinances listed in Chapter
6.04 of this Code and shall pick up their dogs' excrement or waste. Dog owners shall not
allow dogs into those areas posted as prohibited areas for dogs or into special events.
Prohibited areas may be designated by the Town.
(8) Dog parks. In dog parks, dog owners shall have a leash visible at all times and dogs
shall be at least four (4) months of age and licensed with a visible tag. Dogs must be
leashed immediately if exhibiting aggressive behavior and shall not be allowed into a
dog park if in estrus (heat) season. Dogs deemed as being dangerous or under rabies
quarantine under Chapter 6.04 of this Code shall not be allowed in a dog park.
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(9) Fires. No person shall start or sustain a fire within any park or special event area,
except for the combustion of charcoal in fire pits, grills or other areas as designated and
approved for such use by the Town. This provision shall not serve to prohibit bonfires
started or sustained by the Town for Town -sanctioned special events and programs.
Any applicant for a special event permit that seeks permission to hold a bonfire during
such special event shall first secure a burn permit from the Eagle River Fire Protection
District.
(10) Fishing. No person age sixteen (16) or over shall engage in fishing in any park or
special event area without a valid Colorado fishing license obtained pursuant to
Sections 33-4-102 and 33-4-104, C.R.S. Fishing from the boat dock is prohibited during
boating hours. Cleaning fish in any park or special event area is prohibited, and no
person shall leave fish waste in any park or special event area.
(11) Golf and archery. No person shall use any area of a park or special event area for
archery or golf, other than whiffle golf, except pursuant to a permit approved by the
Town.
(12) Group activities. No person shall engage in group activities involving fifty (50) or
more people in a park or special event area except pursuant to a permit approved by the
Town.
(13) Models and stunt kites. No person shall bring into, use or operate any stunt kite or
radio -controlled model, including but not limited to airplanes, boats, model motor cars
and other motorized models, in any park during a special event. All motorized models
and stunt kites shall be utilized only in areas that do not interfere with park patrons.
(14) Motorized vehicles. No person shall drive, ride or operate at any time any motorized
vehicle or motorized device of any type within any park or special event area except
upon public roadways or designated parking areas running through or adjoining any
park or special event area. This prohibition shall not apply to Town -owned vehicles,
motorized wheelchairs; Class 1 or Class 2 electronic assisted bicycles as defined in
chapter 10.08.010, or mobility devices for disabled persons. All persons operating a
motorized vehicle or device within a park or special event area shall obey all traffic
control signs.
(15) Pests. No person may disturb traps or bait set out for ground squirrels or other pests
on Town property.
(16) Refuse and trash. No person shall dump, deposit or leave in the park facility or
special event area any rubbish, waste, garbage or other discarded items of any nature.
No such refuse or trash shall be placed in any waters in or contiguous to any park or
special event area or left anywhere on the grounds thereof, but shall be placed in proper
receptacles where these are provided. Where receptacles are not provided, persons shall
carry away all such refuse or trash from the park or special event area and dispose of it
appropriately elsewhere.
(17) Structures. No person shall install any permanent or temporary above -ground
structure, tent or canopy in any park without a special event permit.
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(18) Swimming. No person shall swim or bathe in any waters or waterways in or adjacent
to any park or special event area except pursuant to a permit approved by the Town.
(19) Vending and soliciting. No person shall engage in any vending or solicitation
operations in any park or special event area without first having obtained a peddler,
solicitor or business license pursuant to Chapter 5.16 of this Code.
(20) Smoking. Smoking is not permitted in any Town -owned property designated as open
space, landscaping and drainage, including the West Avon Preserve as defined in
Section 9.40.010.
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 thirty days days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. 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 6. 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,
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.
Ord 20-12 Amendments to Beer, Liquor and Special Event Code September 8, 2020
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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. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Ord 20-12 Amendments to Beer, Liquor and Special Event Code September 8, 2020
Page 13 of 14
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on August 25, 2020 and setting such public hearing for September 8, 2020 at the
Council Chambers of the Avon Municipal Building, located at One Hundred Mikaela Way,
Avon, Colorado.
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Sarah Smith Hymes, Mayor
ATTEST:
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Brenda Torres, Townklei�k'.-
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ADOPTED ON SECOND AND FINAL READING on September 8, 2020.
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Sarah Smith Hymes, Ma or Brenda Torres, Town
APPROVED AS TO FO
aul Wisor, Town Attorney
Ord 20-12 Amendments to Beer, Liquor and Special Event Code September 8, 2020
Page 14 of 14