TC Minutes 10-23-19790 0
MINUTES OF THE REGULAR MEETING
OF THE TOWN OF AVON, COUNCILMEMBERS
HELD OCTOBER 23, 1979 - 7:30 P.M.
The Regular Meeting of the Town Councilmembers of the Town of Avon, Colorado
was held in the Town Offices, second floor, Benchmark Shopping Center, Avon.
The meeting was called to order by Mayor Alpi at 7:40 p.m. A roll call was
taken with all Councilmembers in attendance. Also Present were Town Attorney
John Blish as well as members of the press and public.
The minutes of October 9, 1979 were presented to the Council. Steve Erickson
moved approval of the October 9th minutes with the correction of Carol Richards
name, seconded by Carol Richards and the motion was unanimously carried.
Bi-monthly financial reports were next reviewed by the Council. It was discussed
and decided to transfer some of the money out of checking and be put into savings.
Jim Wells requested that the Town Clerk check on the Real Estate Transfer Tax
"WSD" and Lot#40,Block#3 which was shown twice on the sheet.
After some discussion Dick Casserley moved approval of the accounts payable.
Jim Wells seconded the motion and it was carried unanimously.
The monthly financial report was next presented. It was discussed earlier at the
work session and concluded that till the first full annual audit, the books will
be brought up to date on a manual basis instead of computer.
Second reading of Ordinance No.#22," AN ORDINANCE PERTAINING TO THE LICENSING AND
REGULATION OF BUSINESS SELLING ALCOHOLIC BEVERAGES; CREATING A LOCAL LIQUOR
LICENSING AUTHORITY; ADOPTING THE COLORADO LIQUOR CODE; SETTING OUT CERTAIN DUTIES
FOR THE TOWN ATTORNEY, THE TOWN CLERK AND THE POLICE CHIEF IN RELATION THERETO;
SETTING FORTH CERTAIN PROCEDURES TO BE FOLLOWED IN MEETINGS AND HEARINGS HELD BY
THE LOCAL LIQUOR LICENSING AUTHORITY; SETTING FORTH REQUIREMENTS TO BE FOLLOWED
BY LICENSE APPLICANTS AND FACTORS TO BE CONSIDERED BY THE AUTHORITY IN PASSING
ON APPLICATIONS; ESTABLISHING PROCEDURES FOR RENEWALS AND TRANSFERS OF EXISTING
LICENSES; AND SETTING OUT THE POWER OF THE LOCAL LICENSING AUTHORITY TO SUSPEND
OR REVOKE LICENSES ISSUED HEREUNDER AND PROVIDING FOR ADDITIONAL DETAILS IN
RELATION THERETO."
After some discussion Jim Wells moved approval Of Ordinance No.#22 on second
reading. Bill Doyle seconded the motion and a roll call was taken with all
Councilmembers voting yes.
It was requested by the Town Attorney that this Ordinance No.#22 be published
in the paper by title only and that this Ordinance was passed on second reading.
Tom Hill from the Mt. Sopris Mental Health Clinic approached the Council. Mr.
Hill was asking for a contribution from Avon. After some discussion Steve Erickson
moved approval of the maximum of $500.00 contribution to the Mt. Sopris Mental
Health Clinic. Dick Casserley seconded the motion and it was unanimously carried.
Resolution No.#22, a Subdivider's Agreement with Wildridge Development Company
was then presented to the Council. This resolution was approved on October
9th meeting but was not drafted at that time.
(A COPY OF THIS RESOLUTION'IS ATTACHED TO THESE MINUTES.)
First reading of Ordinance No.#23," AN ORDINANCE REGULATING THE OPERATION OF MOTORIZED
VEHICLES WITHIN THE TOWN OF AVON; SETTING OUT DEFINITIONS OF TERMS USED
HEREIN; SPECIFYING PROHIBITED ACTS HEREUNDER AND SETTING OUT THE PENALTIES FOR
VIOLATION HEREOF; PROVIDING FOR DEFENSES INVOLVING PRIOR PERMISSION OR THE
PERFORMANCE OF CERTAIN AUTHORIZED ACTS AND SETTING OUT ADDITIONAL DETAILS IN
RELATION THERETO."
After some discussion it was decided for the Town Attorney to change the first
paragraph on the affidavit. Carol Richards moved approval of Ordinance No#23,
Series of 1979 on first reading and set the public hearing which is November 13.
Bill Doyle seconded the motion and a roll call was taken with all Councilmembers
voting yes. (A COPY OF THIS ORDINANCE IS ATTACHED TO THESE MINUTES.)
Northwest Colorado Council of. Governments (P?WCCOG) was next to the agenda.
The Management Agency Designation, NWCCOG 208 Plan was reviewed by the Council.
Council action taken was to mark the report approved.
A-95 - Colorado Congress of Senior Organizations was reviewed by the Council.
Council action taken was to mark the report favorable.
A-95 - State Health Planning and Resource Development was reviewed by the Council.
Council action taken was to mark the report negative.
A-95 - Family Planning Program Colorado Department of Health was next reviewed by
the Council. Council action taken was to mark the report-favorable.
There was some discussion of the vacation of lot lines on Lots#14 and #15,Block#2,
Wildridge. It was the decision of the Council that this was a zoning issue and
that John Behrend approach the Design Review Board on their decision and then
revert back to the Council with a written recommendation that they can approve
or disapprove the zoning change. It was agreed that the zoning regulations be
followed and that the adjacent property owners be notified by the Town. A
resolution will be drawn up to define zoning change.
There was some discussion of the tow trucks and the problem the Town will have if
it cannot be resolved.
There being no further business before the Council, Steve Erickson moved that
the meeting be adjourned, seconded by Bill Doyle and adjourned by the Mayor at
9:45 P.M.
After adjournment the Councilmembers went into ekecutive seosion.
Respectfully submi ed
Town Clerk
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF A public hearing before the Town Council
of the Town of Avon, Colorado, at 7:30 P.M. on the 23rd day of October,
1979 at the Town Hall for the purpose of considering the adoption of
ORDINANCE NO. 22, Series of 1979:
AN ORDINANCE PERTAINING TO THE LICENSING AND REGULATION OF BUSINESSES
SELLING ALCOHOLIC BEVERAGES; CREATING A LOCAL LIQUOR LICENSING AUTH-
ORITY; ADOPTING THE COLORADO LIQUOR CODE; SETTING OUT CERTAIN DUTIES
OF THE TOWN ATTORNEY, THE TOWN CLERK AND THE POLICE CHIEF IN RELATION
THERETO; SETTING FORTH CERTAIN PROCEDURES TO BE FOLLOWED IN MEETINGS
AND HEARINGS HELD BY THE LOCAL LIQUOR LICENSING AUTHORITY; SETTING FORTH
REQUIREMENTS TO BE FOLLOWED BY LICENSE APPLICANTS AND FACTORS TO BE
CONSIDERED BY THE AUTHORITY IN PASSING ON APPLICATIONS; ESTABLISHING
PROCEDURES FOR RENEWALS AND TRANSFERS OF EXISTING LICENSES; AND SETTING
OUT THE POWER OF THE LOCAL LICENSING AUTHORITY TO SUSPEND OR REVOKE
LICENSES ISSUED HEREUNDER AND PROVIDING FOR ADDITIONAL DETAILS IN
RELATION THERETO.
A copy of said Ordinance is attached hereto and is also on file at
the office of the Town Clerk and may be inspected during regular
business hours.
Following this hearing, the Council may consider final passage of
this Ordinance.
This notice given and published by order of the Town Council of the
Town of Avon, Colorado.
Dated this
T014N OF AVON, COLORADO
By: v
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
October 16, 1979.
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, (AVON POST OFFICE)
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PESTER GAS STATION; AND
THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER
ORDINANCE NO. 22
SERIES OF 1979
AN ORDINANCE PERTAINING TO THE LICENSING AND REGULATION OF
BUSINESSES SELLING ALCOHOLIC BEVERAGES; CREATING A LOCAL
LIQUOR LICENSING AUTHORITY; ADOPTING THE COLORADO LIQUOR
CODE; SETTING OUT CERTAIN DUTIES OF THE TOWN ATTORNEY,
THE TOWN CLERK AND THE POLICE CHIEF IN RELATION THERETO;
SETTING FORTH CERTAIN PROCEDURES TO BE FOLLOWED IN MEETINGS
AND HEARINGS HELD BY THE LOCAL LIQUOR LICENSING AUTHORITY;
SETTING FORTH REQUIREMENTS TO BE FOLLOWED BY LICENSE
APPLICANTS AND FACTORS TO BE CONSIDERED BY THE AUTHORITY
IN PASSING ON APPLICATIONS; ESTABLISHING PROCEDURES FOR
RENEWALS AND TRANSFERS OF EXISTING LICENSES; AND SETTING
OUT THE POWER OF THE LOCAL LICENSING AUTHORITY TO SUSPEND
OR REVOKE LICENSES ISSUED HEREUNDER AND PROVIDING FOR
ADDITIONAL DETAILS IN RELATION THERETO.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE
TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT:
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Section 1. Purpose - Authority - Adoption.
Pursuant to the Authority of Articles 47
and 48 of Title 12, Colorado Revised Statutes,
1973, as amended, which are hereby specifically
adopted by the Town of Avon, this ordinance is
enacted for the purpose of promoting the health,
safety and welfare of the present and future
inhabitants of the Town by regulating, control-
ling and licensing the sale of malt, vinous and
spirituous liquors.
Section 2. Local Licensing Authority - Es-
tablishment - Membership - Compen-
sation - Town Clerk to Act as
Secretary - Meetings - Duties
of Town Attorney - Duties of
Police Chief - Proceedings to
be Recorded.
(A) There is hereby created and estab-
lished a Local Liquor Licensing Authority for
the Town of Avon, which shall have and is vested
with the authority to grant or refuse licenses
for the retail sale of malt, vinous and spiri-
tuous liquors, as provided by law, conduct
investigations in connection therewith, and to
suspend or revoke such licenses for cause in the
manner provided by law. The Local Liquor Li-
censing Authority shall have all the powers and
authority granted by Title 12, Articles 47 and
48, Colorado Revised Statutes, 1973, as amended,
and by the terms and provisions of this ordinance.
(B) Until such time as the Town Council
may determine otherwise by Ordinance, the mem-
bership of the Local Liquor Licensing Authority
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shall be composed of each and every member
of the Avon Town Council.
(C) At the next meeting of the Local
Liquor Licensing Authority following the final
passage of this Ordinance, a Chairperson and
Vice-Chairperson shall be elected by those mem-
bers present at that time from among the entire
membership of the Authority. The Chairperson
shall preside at meetings, rule on questions
pertaining to procedure and admissibility of
evidence and perform such other duties as may
be nece:s:sary. The Vice-Chairperson shall assume
the duties of the Chairperson when the Chair-
person is absent or incapacitated. A quorum
shall consist of four members, and a decision of
a majority of the members present at any meeting
shall control. The Chairperson or Acting Chair-
person shall have full voting rights the same
as any other member.
(D) The Town Clerk shall be the secretary
of the Local Liquor Licensing Authority and
shall be responsible for correspondence, minutes
of meetings, preparation of the agenda, prepara-
tion, posting and publication of required notices
and rendering of assistance to applicants. She
shall also coordinate the background, charac-
ter and other investigations made pursuant to
the statutory authority and perform such other
tasks as may be appropriate in support of the
Local Liquor Licensing Authority. The Police
Chief, Town Attorney and other Town department
heads and employees shall assist the Town Clerk
in the performance of these duites, as the Town
Clerk may request.
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(E) The meetings of the Local Liquor
Licensing Authority shall be held on the fourth
Tuesday of each month in the Town Council Cham-
bers. Generally, such meetings shall be conducted
prior to the regular Town Council meeting, but
the Local Liquor Licensing Authority meeting
may be held after the regular Town Council meet-
ing, at the discretion of the .Mayor, who shall
determine which meeting shall be held first and
notify the Town Clerk in time for the prepara-
tion of the agendas for both meetings.
Additionally, meetings may be held at other
reasonable times and places, at the discretion
of the Chairperson of the Local Liquor Licensing
Authority.
(F) The Town Attorney shall act as legal
advisor on all business which comes before the
Local Liquor Licensing Authority. He shall
advise the Chairperson, when requested, concerning
both procedural and substantive matters, including
the admissibility of offered testimony and other
evidence. He shall also act as the legal repre-
sentative of the Town and as an advocate and
adversary in certain matters, such as any sus-
pension or revocation hearing, where that rule
is appropriate. Additionally, the Town Attor-
ney shall assist the Town Clerk in advising
license applicants and in other appropriate
matters.
The Avon Police Department shall also assist
in the investigation of background, character
and other determinations to be made concerning
prospective licenses. The Police Chief shall
see to it that license applicants' fingerprints
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are taken and submitted to appropriate agencies
and shall be prepared to report to the Local
Liquor Licensing Authority concerning investi-
gations undertaken by his department and also
in regard to information received from other
law enforcement agencies.
The Police Chief shall forward to the
Town Clerk copies of incident reports prepared
by members of his department if information
contained therein relates or is in any way
pertinent to the granting, renewal, suspension,
revocation or transfer of a liquor license.
(G) Members of the Local Liquor Licensing
Authority shall be compensated in the sum of
$25.00 for each meeting attended, except that
no member shall receive more than $50.00 in
compensation for his services rendered during
any one month.
(H) The proceedings of all meetings of
the Local Liquor Licensing Authority shall be
electronically recorded in such a way that a
complete verbatim transcript can be prepared
from the recording. No Town employee shall
be specifically responsible for the prepara-
tion of such a transcript. It is anticipated
that such work may be contracted out, the cost
to be paid by the party requesting the tran-
script.
Section 2. Hearings - Procedure - Burden
of Proof.
All hearings of the Local Licensing Auth-
ority shall be held in such a manner as to
assure that all interested parties have a fair
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and reasonable opportunity to be heard. The
Local Licensing Authority shall hear relevant
testimony from any party in interest and shall
receive such exhibits as may be offered, limited
only by the discretion of the Chairperson to
limit or restrict any testimony which is repe-
titious of testimony previously received or
cumulative in nature. The rules of evidence,
including the rules concerning the admissibility
of evidence,.shall be relaxed as necessary by
the Chairperson in order to establish, wihout
undue formality or unnecessary restriction, the
facts or the opinions and desires of those
persons appearing before the Local Licensing
Authority.
The burden of proof in an application for
a new license or for the transfer of an existing
license shall be upon the applicant. The burden
of proof in any proceeding to revoke or suspend a
license shall be upon the Town or the party seek-
ing revocation or suspension. In a renewal hear-
ing there shall be no presumption or burden of
proof unless and until such time as some unfavor-
able testimony or exhibit is received, at which
point the burden shall become that of the licensee
to demonstrate by a preponderance of the evi-
dence that the license should be renewed.
Meetings and hearings of the Local Licensing
Authority may be adjourned or continued to such
other times as may be suitable and reasponably
convenient for the parties involved.
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Section 3. Applications - Submission -
Requirements - Grounds for Rejection.
(A) All applications for new licenses
and transfers of exising licenses for the sale
of malt, vinous and spirituous liquors at retail
shall be submitted to and filed with the Town
Clerk, who shall officially accept no application
that is not complete in every detail. A reason-
able amount of time shall be allowed to determine
the completeness of any such application and
if any application is determined to be incom-
plete, the Town Clerk shall notify the applicant
of this fact, and the application shall be
returned for completion or correction.
(B) No application shall be deemed com-
plete unless accompanied by the following:
(1) An oath or affirmation that all
information submitted has been given fully,
accurately, truthfully and without conceal-
ment 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 city and
state license fees and an additional three
hundred fifty dollar fee for the actual and
necessary expenses of processing the appli-
cation, conducting an investigation, con-
ducting a public hearing, and for publishing
and posting the required notice of such
hearing;
(4) If the applicant is a partner-
ship, a certificate of copartnership, except
as between husband and wife;
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(5) If the applicant is a corpora-
tion, a copy of its articles of incorpora-
tion and in addition the names and addresses
of all persons holding stock, and if a for-
eign corporation, evidence of its qualifi-
cation to do business in this state;
(6) Three character reference letters
for any manager of the proposed establish-
ment;
(7) Copies of any contract or agree-
ment which confers a power or authority
upon any party to manage, operate or super-
vise the affairs of the proposed establish-
ment'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 finan-
cial 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
posssession of the premises proposed to
be licensed;
(9) An affidavit stating that the
outlet is not located within five hundred
feet of any public or parochial school or
the principal campus of any college, uni-
versity 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
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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
Avon Police Department for fingerprinting
and the taking of whatever other informa-
tion may be required by that Department:
(a) If the applicant is a natural
person, that person;
(b) If the applicant is a part-
nership, all of the partners;
(c) If the applicant is a cor-
poration, both the officers and directors,
together with any person owning more
than ten percent of the stock thereof;
(d) Irrespective of the identity
of the applicant, the manager of the
proposed establishment.
(11) Any other information, document
of form which the authority deems necessary
to carry out its duties as set forth in
Title 12, Articles 47 and 48 of the Colorado
Revised Statutes 1973, as amended, and all
applicable regulations.
The Avon Police Department shall make
background investigations of the above
named individuals in an effort to determine
whether or not anything exists which is
or should be considered in the decision to
grant or deny the license applied for.
For this purpose such individuals shall
provide all information necessary for the
investigation. If a partner or officer,
director or stockholder of a corporation
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lives so far from Avon that travel to Avon
for the purpose of giving fingerprints and
information would impose undue expense or
inconvenience, the Chief of Police shall
have the discretion to make other arrange-
ments in order to obtain the necessary
fingerprints and information. The Police
Department shall also be responsible for
verification of the letters of reference.
All departments, employees and officials
of the Town of Avon shall cooperate with
the Police Department as needed in this
investigation.
Section 4. Receipt of Application - Schedule
of Hearing - Publication and
Posting of Notice - Attendance
at Hearing.
(A) Upon receipt of the application
material referred to in Section 3 above, 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 30 days from the receipt of the application
material.
(B) Following the receipt of the applica-
tion material, complete and correct in every
detail, the Town Clerk shall, in accordance with
the provisions of C.R.S. 1973, 12-47-136, 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:
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(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 atten-
dance. The Authority may also require the atten-
dance of such other person or persons as it
deems necessary or desirable, and may, within
its discretion waive attendance by any one or
more of the designated persons.
Section 5. Public Hearing - Oaths - Subpoena
Power - Contempt.
(A) The meetings and public hearings
held by the Local Liquor Licensing Authority
shall be conducted in accordance with the pro-
visions of this ordinance, all of the applicable
Colorado statutes and as the Authority itself
may determine.
(B) The Local Liquor Licensing Authority
shall have the power to administer oaths and
issue subpoenas to require the presence of persons
and the production of papers, books and records
necessary to the determination of any hearing
which the licensing authority is authorized to
conduct. The Chairperson or Acting Chairperson
shall have the authority to administer such oaths
and to sign such subpoenas, when such acts are
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performed in connection with the business of
the Local Liquor Licensing Authority. It shall
be unlawful for any person so ordered to fail to
comply with any subpoena issued by the Authority
under the provisions of this Ordinance.
The Municipal Court of the Town of Avon shall
enforce the subpoenas issued by the Local Liquor
Licensing Authority, and upon good cause shown
shall enter its orders compelling witnesses to
attend and testify or produce books, records or
other tangible or documentary evidence, and is
hereby authorized to impose penalties for con-
tempt in the case of a failure to comply with the
directives of such subpoenas and other orders
to testify.
(C) Subpoenas issued under the authority
of this Ordinance shall be served in the manner
provided by the Rules of Civil Procedure For
Courts of Record in Colorado. Upon the refusal
or failure of any witness to comply with such
subpoena, the Town Attorney shall, at the request
of the Local Liquor Licensing Authority:
(1) Petition any Judge of the Municipal
Court of Avon, setting forth that due notice
has been given of the time and place of
attendance of the witness and the service
of the subpoena, that the court after hearing
evidence in support of or contrary to the
petition, enter its order compelling the
witness to attend and testify or produce
books, records or other evidence, under pen-
alty of punishment for contempt in case of
willful failure to comply with such order
of court; or
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(2) Petition the District Court in
and for the County of Eagle, setting forth
that due notice has been given of the time
and place of attendance of the witness and
the service of the subpoena, that the Court
after hearing evidence in support of or
contrary to the petition, enter its order
as in other civil actions, compelling the
witness to attend and testify or produce
books, records or other evidence, under
penalty of pun:i:shment for contempt in case
of willful failure to comply with such order
of Court.
Section 6. New Applications - Factors to
Consider - Continuation of Hearing -
Written Notice to Applicant.
(A) The Local Liquor Licensing Authority
shall render a decision on applications for a
new license within 30 days after the date of the
actual conclusion of the hearing, which hearing
may be continued from time to time as may be
required to gather necessary facts and evidence
and to permit testimony.
(B) In reaching its decision, the Local
Liquor Licensing Authority shall consider all
material in evidence including the reasonable
requirements of the neighborhood and the desires
of the inhabitants of the neighborhood, the
number, character and hours of other outlets
located in or near the neighborhood and all other
factors pertinent to the location, as well as
any other matters concerning the qualifications
of the applicant to conduct the type of business
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proposed. If the application presented involved
a second or additional Hotel and Restaurant
License for that applicant, the Local Licensing
Authority shall consider the effect on competition
which the approval or denial of that application
will have, and, if it is the determination of
the Local Liquor Licensing Authority that approval
of the application would have the effect of
restraining competition, then the application shall
not be approved.
(C) Following the decision of the Local
Liquor Licensing Authority the Town Clerk shall
send a copy of the decision in writing, stating
the findings, decision and reasons of the Auth-
ority, to the applicant at the address given on
the application.
Section 7. Renewals - 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
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. 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
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•
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 45 days prior to
the date on which the license expires, it shall
be deemed a late application, but, as indicated
above, 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 ordi-
nance shall serve as authority for any sale at
retail of alcoholic beverages wihout a license
obtained pursuant to this Ordinance and the pro-
visions of Title 12, Article 47, Colorado Revised
Statutes, 1973, as amended.
(B) 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.
(C) At its next meeting following receipt
of the completed renewal application, the Local
Liquor Licensing Authority shall consider the
renewal request and application. Unless evi-
dence 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 reason-
able requirements of the neighborhood and the
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desires of the inhabitants thereof. In such a
case the Local Liquor Licensing Authority shall
approve the renewal pallication and forward such
application and the required fees to the state
licensing authority no later than fifteen days
prior to the expiration date of the application.
(D) If, prior to the meeting at which
renewal is to be considered, there is any evi-
dence that any of the presumptions contained
in subsection (C) above do not apply, whether
such evidence is called to 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 pre-
sented at the renewal hearing, the applicant
may request a continuation of the hearing in
order to respond. The granting of such a con-
tinuation shall be discretionary with the Chair-
person of the Local Liquor Licensing Authority.
Section 8. Changes in Location, ownership
or Manager.
(A) To achieve a change in the location
of a 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 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, as well
as any information, testimony or documents re-
quired by the Local Liquor Licensing Authority.
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(B) Similarly, to achieve a change in
the ownership of a licensed outlet; the appli-
cant shall complete and submit all forms and
material required by the State Liquor Enforcement
Division, a fee to the Town of one hundred
fifty dollars for actual and necessary expenses
incurred in connection with processing the appli-
cation, and such additional materi.al.s as may
be required by the Town Attorney, Town Clerk
or Police Chief, as well as any information,
testimony or documents required by the Local
Liquor Licensing Authority. If the licensee
is a corporation, any transfer of more than five
percent of the stock of the corporation must be
reported to the Town Clerk and the forms required
by the State Liquor Enforcement Division must
be completed and submitted not less than ten
days prior to such transfer.
(C) When the licensee desires to change
the manager of his establishment, or in the case
of multiple managers, to add another manager,
the prospective manager must present himself
to the Avon Police Chief for the taking of finger-
prints and the necessary background information,
as well as the completion of forms required
by the Town Clerk or Police Chief. Additionally,
a copy of the written agreement under which the
manager proposes to operate must be filed with
the Town Clerk and the State Liquor Enforcement
Division.
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Section 9. Suspension and Revocation -
Summary Suspension - Written
Complaints.
(A) The Local Licensing Authority has
the power and authority upon its own motion or
upon complaint to:
(1) Summarily suspend any license
for a period of fifteen days, pursuant to
C.R.S. 1973, 12-47-110, 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 months or
to revoke such license.
Hearings conducted in connection with such
procedures shall be held in accordance with the
provisions of this Ordinance.
(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 Ordinance.
Such complaints shall be placed in the file
pertaining to that licensee and presented to the
Local Liquor Licensing Authority as the serious-
ness and urgency of the matter complained of
demands.
Section 10. Special Events Permits - Procedure.
Pursuant to the terms and conditions of
C.R.S. 1973, 12-47-120.5, as amended, the Local
Liquor Licensing Authority may grant licenses to
nonprofit arts organizations.
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Section 11. Potential Conflict - State Statute
to Control.
The Avon Town Council hereby declares that
it is its intention to promulgate and establish
certain rules and regulations and procedures for
the licensing of establishments which sell alcoholic
beverages and that in so doing it is also the intention
of the Town Council to conform to all of the appli-
cable Statutes as well as the Rules and Regula-
tions of the State Liquor Enforcement Division.
To the extent that anything in this ordinance
is found to be in conflict with any relevant
statute or with any of the applicable Rules and
Regulations, the conflicting provisions of the
Ordinance shall be set aside.
Section 12. Severabilitv.
If any section, subsection, sentence,
clause, phrase or portion of this chapter is
for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and
independent provision and such holding shall
not affect the validity of the remaining portions
hereof.
INTRODUCED, READ ON THE FIRST
PUBLISHED ONCE IN FULL, THIS
1979, AND A PUBLIC HEARING ON
'17 THE MEETING OF THE TOWN CO!
COLORADO, ON THE DAY OF
P.M_ TN THE MUNICIPAL OFFICES
READING, APPROVED, AND ORDERED
DAY OF
THIS ORDINANCE SHALL BE HELD
JNCILOF THE TOWN OF AVON,
fir'. 1979, AT 7:30
OF THE TOWN.
Mayor
ATTEST: /
Town Clerk
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a
INTRODUCED, READ ON S COND READING , APPROVED, AND ORDERED
PUBLISHED THIS X13 DAY OF(c~~J , 1979.
r
ATTEST:
a a
Town Clerk
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•
RESOLUTION NO. 22
SERIES OF 1979
I►
.r
WHEREAS, the Town of Avon has executed a Sub-
divider's Agreement with Wildridge Development Company
which agreement provides for the Town of Avon to hold
certain unsold parcels of land as collateral pending the
completion of the installation of certain utilities and
roads; and
WHEREAS, it has come to the attention of both
the Town of Avon and Wildridge Development Company that a
plan involving certain specified lots will be more efficient
and practical to administer than the plan outlined in the Sub-
divider's Agreement; and
WHEREAS, the Wildridge Development. Company has
specifically requested that the Town accept as collateral
Lots 1-91, Block 4, Wildr.idge; and
WHEREAS, the Town Council has satisfied itself
that the value of the proposed collateral is sufficient
to satisfy the purpose for which it is being held,
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE
TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT:
The Subdivider's Agreement shall be amended to
show as collateral Lots 1-91, Block 4, Wildridge
or such other collateral as the Town and the Developer
may agree to in the future.
DATED THIS C Z~l DAY OF OCTOBER, 1979.
Mayor
ATTEST:
C
- `CzC 0
Town Clerk /
• •
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF A public hearing before the Town
Council of the Town of Avon, Colcrado, at 7:30 P.M. on the
13th day of November, 1979 at the Town Hall for the purpose
of considering the adoption of ORDINANCE NO. 23, Series of
1979:
AN ORDINANCE REGULATING THE OPERATION OF MOTORIZED VEHICLES
WITHIN THE TOWN OF AVON; SETTING OUT DEFINITIONS OF TERMS
USED HEREIN; SPECIFYING PROHIBITED ACTS HEREUNDER AND
SETTING OUT THE PENALTIES FOR VIOLATION HEREOF; PROVIDING
FOR DEFENSES INVOLVING PRIOR PERMISSION OR THE PERFORMANCE
OF CERTAIN AUTHORIZED ACTS AND SETTING OUT ADDITIONAL DETAILS
IN RELATION THERETO.
A copy of said ordinance is attached hereto and is also on
file at the office of the Town Clerk and may be inspected
during regular business hours.
Following this hearing, the Council may consider final
passage of this ordinance.
This notice given and published by order of the Town Council
of the Town of Avon, Colorado.
Dated this 23rd day of October, 1979.
TOWN OF AVON, COLORADO
By:
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF
AVON ON November 6, 1979.
THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, (AVON
POST OFFICE)
THE MAIN ENTRANCE OF EAGLE VALLEY BOWL
THE PESTER GAS STATION; AND
THE, TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER
ORDINANCE NO. 23
SERIES OF 1979
AN ORDINANCE REGULATING THE OPERATION OF MOTORIZED VEHICLES
WITHIN THE TOWN OF AVON; SETTING OUT DEFINITIONS OF TERMS
USED HEREIN; SPECIFYING PROHIBITED ACTS HEREUNDER AND
SETTING OUT THE PENF.LTIES FOR VIOLATION HEREOF; PROVIDING'
FOR DEFENSES INVOLVING PRIOR PERMISSION OR THE PERFORMANCE
OF CERTAIN AUTHORIZED ACTS AND SETTING OUT ADDITIONAL DETAILS
IN RELATION THERETO.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
FOR THE TOWN OF AVON, COLORADO, THAT:
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Section 1. Definitions.
(A) "Restricted Use Area" shall mean all
land and property, however owned, for which
persons cited under the terms and provisions of
this Ordinance have not received permission from
the owner or agent for the owner of said pro-
perty, to engage in the act or acts for which
said person was cited, and such permission, in
order to constitute a defense to said citation,
must have been given prior to the date on which
such property owner or agent complained of such
acts. Further, all property belonging to the
Town of Avon shall also be considered "Restricted
Use Area" and all land zoned OLD, PRM, SPG OR
GPEH according to the official Zone District Map
of The Town of Avon, regardless of ownership,
shall be considered "Restricted Use Area".
Roads, streets, alleys, highways, parking lots
and parking structures, regardless of ownership,
shall not be considered "Restricted Use Area".
(B) "Motorized Vehicle" shall mean any
device, which by means of any motor or engine,
whether assisted by human effort or not, operates
or is capable of being operated in such a manner
as to propel itself and/or its operator across
or upon land, water, ice or snow, and includes,
but is not limited to: all trucks, vans, auto-
mobiles, cars, dune buggies, motorcycles, motor-
scooters, mopeds, snowmobiles, boats, jet-skis,
airboats or hydrofoils.
Section 2. Prohibited Acts
No person shall park, drive, pilot or in
any manner operate any Motorized Vehicle, as
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defined in Section 1 of this Ordinance, upon or
across any Restricted Use Area within The Town
of Avon. Neither shall any person be a passenger
upon, on or in any motorized vehicle or upon, on
or in any conveyance parked, drawn, pulled, pushed
or otherwise propelled by any Motorized Vehicle
within The Town of Avon.
Section 3. Exemptions - Maintenance - Construc-
tion - Snow Removal - Mowing.
The provisions of this Ordinance shall not
apply to an operator or passenger of a Motorized
Vehicle when such vehicle is operated in connec-
tion with any activity involving maintenance,
construction, snow removal or mowing, provided
that such activity was authorized by the owner or
agent for the owner of such Restricted Use Area.
Section 4. Complaint by Property Owner or
Agent - Affidavit.
If the owner or agent for the owner of any
land or property classified hereunder as Restricted
Use Area wishes to complain of the acts of an-
other in violation of the terms and conditions
of this Ordinance, he shall so indicate by filling
out and swearing or affirming to an Affidavit
such as is set out below, when so requested by
any member of the Avon Police Department. Such
Affidavit shall be sworn to and signed in the
presence of the Avon Town Clerk.
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STATE OF COLORADO ) AFFIDAVIT PURSUANT
COUNTY OF EAGLE ) SS TO ORDINF.NCE NO. 23,
TOWN OF AVON ) SERIES OF 1979.
I, , a property owner or
agent for a property owner within the Town of Avon, having
been sworn upon oath hereby depose and state:
1. That I am the owner of or an agent for the
owner of property located at within
the Town of Avon, Eagle County, Colorado.
2. That pursuant to the terms of The Town of
Avon Municipal Code, Ordinance No. 23, Series of 1979,
I agree to have this Affidavit considered and treated as
a formal Complaint, and I further agree to appear when
and where requested by the Town Attorney for The Town of
Avon, or his designee, for the purpose of giving testimony
concerning a person who has been identified to me as
3. That the person identified to me as
was observed by me operating, or as a pas-
senger in or upon, a Motorized Vehicle upon property located
at , Town of Avon, Eagle County,
Colorado.
4. That I have given no permission whatsoever
to the person identified to me as
to enter, remain or trespass upon the said property, nor
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0 •
has any other owner or agent of an owner of said property
given any such similar permission.
FURTHER affiant sayeth not.
Dated this day of 19
Signature of Affiant
Address, including P.O. Box
Phone No.
Subscribed and sworn to before me this
day of , 19 , by
Town Clerk,
Town of Avon
Section S. Defenses - Prior Permission.
It shall be a complete defense to any charge
of a violation of this Ordinance that the person
cited hereunder had obtained permission to engage
in the act for which he was cited and that the
permission was given by the owner or agent for
the owner of the land upon which the act was
alleged to have occurred. Such permission must
have been given prior to the date on which such
property owner or agent complained of such acts.
Section 6. Notice.- Posting Not Required -
Presumption.
It shall not be required in order to sustain
a conviction for violation of this Ordinance
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that the Restricted Use Area be posted in any
manner whatsoever, nor need such area be identified
in any manner. In all prosecutions hereunder it
shall be presumed that any person so cited had
knowledge that any land or property not belonging
to such person was, in fact, a Restricted Use Area.
Section 7. Penalties.
Any person violating any provision of this
ordinance shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished by
a fine not to exceed three hundred dollars.
Section 8. Severability.
If any part, section, subsection, sentence,
clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall
not affect the validity of the remaining portions
of this Ordinance; and the Town Council hereby
declares it would have passed this ordinance,
and each part, section, subsection, sentence,
clause, or phrase thereof, regardless of the
fact that any one or more parts, sections, sub-
sections, sentences, clauses or phrases be declared
invalid.
INTRODUCED, READ ON THE FIRST READING, APPPOVED,
ORDERED PUBLISHED ONCE IN FULL, THIS « "`2 AY OF
1979, AND A PUBLIC HEARING ON THIS ORDINANCE SHALL BE HELD
AT THE MEETING OF THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO, ON THE I DAY OF~~-rgyL~,~Qt~ 1979, AT
7:30 P.M. IN THE MUNICIPAL OFFICES OF THE TOWN.
Mayo'
ATTEST:
Town Clerk
-6-
INTRODUCED, READ ON SECOND READING, APPROVED, AND ORDERED
PUBLISHED THIS DAY OF , 1979.
Mayor
ATTEST:
Town Clerk
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