TC Ord. No. 1993-02 AMENDING CHAPTER 5.08 OF THE MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO LIQUOR LICENSESTOWN OF AVON
ORDINANCE NO. 93 - 2
COLORADO:
AN ORDINANCE AMENDING CHAPTER 5.08 OF THE
MUNICIPAL CODE OF THE TOWN OF AVON RELATING TO
LIQUOR LICENSES.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
Section 1. Amendment. Sub-Section 5.08.160 A. of Chapter
5.08 of Title 5 of the Municipal Code of the Town of Avon is
amended to read as follows:
5.08.160 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
chapter.
3. (a) Whenever a decision suspending a retail license
for fourteen 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 retail license suspended for all or part of
the suspension period. Upon the receipt of the petition
the local 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:
(I) 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;
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(II) 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
(III) That the retail licensee has not had his license
suspended or revoked, nor had any suspension stayed by
payment of a fine, during the two years immediately
preceding the date of the motion or complaint which has
resulted in a final decision to suspend the retail
license.
(b) The fine accepted shall be the equivalent to twenty
percent 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 nor more than five
thousand dollars.
(c) Payment of any fine pursuant to the provisions of
this subsection (3) shall be in the form of cash or in
the form of a certified check or cashier's check made
payable to the local licensing authority.
(4) Upon payment of the fine pursuant to subsection (3)
of this section, the local 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 licensing authority.
(5) In connection with any petition pursuant to
subsection (3) of this section, the local 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 licensing authority.
Section 2. Severability. If any part, section, 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 for the
Town of Avon hereby declares it would have passed this Ordinance
and each part, section, sub-section, sentence, clause or phrase
thereof, irrespective of the fact that any one or more parts,
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sections, sub-sections, sentences, clauses or phrases be declared
invalid.
Section 3. Repeal. The repeal or the repeal and
re-enactment of any provision of the Code of the Town of Avon,
Colorado as provided in this ordinance shall not affect any right
which has accrued, any duty imposed, any violation that occurred
prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of
the provision repealed or repealed and re-enacted. The repeal of
any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated
herein.
Section 4. Health, Safety and Welfare. The Town Council
hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the
Town of Avon and the inhabitants thereof.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
this 9th day of March , 1993 and a public
ordinance shall be held at the regular meeting of
of the Town of Avon, Colorado on the 23rcdiay of _
at 7:30 P.M. in the Municipal Building of the
Town of Avon,
Colorado.
Mayor
test:
Town Cle k
INTRODUCED, PASSED ON SECOND
this 23rd day of March
Attest:
Town Cle k
roved as to form:
I AA AAA
To Attorney
READING, APPROVED AND ORDERED POSTED
1993.
Mayor
ORDERED POSTED,
hearing on this
the Town Council
March , 1993
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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
23TH DAY OF MARCH, 1993, AT THE TOWN HALL FOR THE PURPOSE
OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 93-2, SERIES OF
1993:
AN ORDINANCE AMENDING CHAPTER 5.08 OF THE MUNICIPAL CODE OF
THE TOWN OF AVON RELATING TO LIQUOR LICENSES
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 11th day of February, 1993.
TOWN OF AVON, COLORADO
BY: 1
4-
Patty Ney art
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON FEBRUARY 11, 1993:
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY