TC Ord. No. 1992-10 Amending Chapter 5.08 of Municipal CodeTOWN OF AVON
ORDINANCE NO. 92-10
SERIES OF 1992
AN ORDINANCE AMENDING CHAPTER 5.08 OF MUNICIPAL CODE OF THE TOWN
OF AVON BY THE ADDITION OF SECTION 5.08.190 PROVIDING FOR THE ISSUANCE OF
TEMPORARY PERMITS FOR THE ISSUANCE OF ALCOHOLIC BEVERAGES UNDER CERTAIN
CIRCUMSTANCES; AND PROVIDING DETAILS IN REGARD THERETO
WHEREAS, the State Legislature enacted 12-46-106.5 C.R.S. and
12-47-106.5 C.R.S. which took effect on July 1, 1991, permitting a local
licensing authority to issue a temporary permit to a transferee of a
fermented malt beverage license or any class of liquor license issued by
the State Licensing Authority, at the discretion of a local licensing
authority;
WHEREAS, the Town of Avon wishes to authorize the issuance of
such permits in certain circumstances;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO:
Chapter 5.08 of the Municipal Code of the Town of Avon is hereby
amended with the addition of Section 5.08.190 to read as follows:
5.08.190 - TEMPORARY PERMITS
A. PURPOSE
This section is enacted in accordance with 12-46-106.5 and
12-47-106.5 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 Licensing Authority of the Town of Avon 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 tr;
business and sell either fermented malt beverages
as the cause may be, at retail in accordance with
transferrer subject to compliance with all of the
1. The premises where such fermented malt
ansferee to conduct
or alcoholic beverages,
the license of the
following conditions:
beverages or alcoholic
beverages are sold shall have been previously licensed by the State and
Local Licensing Authority and such license shall have been valid at the
time the application for transfer of ownership was filed with the Town of
Avon Local Licensing Authority.
2. The applicant has filed with the Local 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 Clerk of the Town of Avon with the verbal approval of the Chairman of
the Town of Avon Local Licensing Authority and if the Chairman is not
available such approval may be given by any member of the Local Licensing
Authority. If so granted, the temporary permit shall be issued within
three (3) 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 (120) day
period and the transferee demonstrates good cause, the local 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.
INTRODUCED, READ AND APPROVED ON FIRST READING THIS 28thday of
April, 1992, and a public hearing shall be held on this Ordinance on
the 12th day of May , 1992, at 7:30 P.M. in the Council Chambers of
the Avon Municipal Building, Avon, Colorado.
ATTEST;
1 1
Patty Neyh rt, T~pwn Clerk
n
r
r
Jerry Dav s, Mayor
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED, this 12th day of
1992.
ATTEST;
_y
Patty Neyh rt, own clerk
Jerty Davy s-, Mayor
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
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
12TH DAY OF MAY, 1992, AT THE TOWN HALL FOR THE PURPOSE
OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 92-10, SERIES OF
1992:
AN ORDINANCE AMENDING CHAPTER 5.08 OF MUNICIPAL CODE OF THE
TOWN OF AVON BY THE ADDITION OF SECTION 5.08.190 PROVIDING FOR
THE ISSUANCE OF TEMPORARY PERMITS FOR THE ISSUANCE OF
ALCOHOLIC BEVERAGES UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING
DETAILS IN REGARD 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 is given and posted by order of the Town Council
of the Town of Avon, Colorado.
Dated this 29th day of April, 1992.
TOWN OF AVON, COLORADO
Patty Ney art
Town Cler
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON APRIL 29, 1992:
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY