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LA Packet 10-11-2011TOWN OF AVON, COLORADO AVON LIQUOR LICENSING AUTHORITY MEETING FOR TUESDAY, OCTOBER 11, 2011 MEETING BEGINS AT 5:15 PM AVON TOWN HALL, ONE LAKE STREET PRESIDING OFFICIALS CHAIRMAN RICH CARROLL VICE CHAIRMAN KRISTI FERRARO BOARD MEMBERS DAVE DANTAS, CHRIS EVANS, TODD GOULDING AMY PHILLIPS, ALBERT "Buz" REYNOLDS, JR. TOWN STAFF TOWN ATTORNEY: ERIC HEIL TOWN MANAGER: LARRY BROOKS TOWN CLERK: PATTY MCKENNY ALL LIQUOR BOARD MEETINGS ARE OPEN TO THE PUBLIC EXCEPT EXECUTIVE SESSIONS COMMENTS FROM THE PUBLIC ARE WELCOME DURING PUBLIC HEARINGS PLEASE VIEW AVON'S WEBSITE, HTTP: / /WWW.AVON.ORG, FOR MEETING AGENDAS AND MEETING MATERIALS AGENDAS ARE POSTED AT AVON TOWN HALL AND RECREATION CENTER, ALPINE BANK, AND AVON LIBRARY 1. ROLL CALL 2. INQUIRY OF THE PUBLIC FOR COMMENT AND APPROVAL OF AGENDA 3. RENEWAL OF LIQUOR LICENSES a. Applicant: Pazzo's West, Inc. d /b /a Pazzo's Pizzeria Address: 82 E. Beaver Creek Blvd. Manager: Mark A. Colwell Type: Hotel and Restaurant Liquor License b. Applicant: Vail Valley Mexican Foods, LLC d /b /a Agave Address: 1060 W. Beaver Creek Blvd. Manager: Richard Wheelock Type: Hotel and Restaurant Liquor License 4. CONSENT AGENDA: a. Minutes from September 27, 2011 S. ADJOURNMENT Avon Council Meeting.11.10.11 Page 2 of 4 Memo To: Avon Liquor Licensing Authority Thru: Larry Brooks, Town Manager cc: Eric Heil, Town Attorney From: Debbie Hoppe, Court Clerk — n Patty McKenny, ATM Management Services 1� Date: October 05, 2011 Re: Renewal of Liquor Licenses Summary: The Town Council serving as the Avon Liquor Licensing Authority will consider the following liquor license applications for renewal at its board meeting next week: a. Applicant: Pazzo's West, Inc. d /b /a Pazzo's Pizzeria Address: 82 E. Beaver Creek Blvd. Manager: Mark A. Colwell Type: Hotel and Restaurant Liquor License b. Applicant: Vail Valley Mexican Foods, LLC d /b /a Agave Address: 1060 W. Beaver Creek Blvd. Manager: Richard Wheelock Type: Hotel and Restaurant Liquor License Background & Discussion: Colorado Liquor Code, 12 -47 -302, provides for guidelines related to liquor licensing renewals; applications for the renewal of an existing license shall be made to the local licensing authority. The Town Clerk, Town Attorney, and Police Department have reviewed the applications submitted referenced above and the materials are in order. The Police Report results are summarized below: a. Pazzo's Pizzeria had no calls for service in the past year. b. Agave had no calls for service in the past year. The Liquor Authority Board has broad discretion to consider any character issues related to the licensee holder at renewal in the same manner as granting a license. There have been various types of behavior, such as failure to pay taxes and fraud that have been held in the courts as valid reason to find the applicant does not possess character. The Colorado Liquor Code §12 -47 -302 sets forth the local authority's ability to hold a hearing on the application for renewal. Both Mark Colwell & Richard Wheelock, managers at Pazzo's Pizzeria and Agave respectively, have been invited to attend the Liquor Board meeting. Financial Implications: There are local and state liquor licensing fees associated with renewal applications that have been submitted to the Town. Town Manager Comments: Attachments: ➢ State of Colorado Forms for Liquor License Renewals ➢ Avon Police Department Background Memo & Incident/ Investigation Report DR 8400(11/09/06) LOQUOR OR 3.2 BEER LICENSE COLORADO DEPARTMENT OF REVENUE RENEWAL �4P'PLICAT9Oh9 DENVER, COLORADO 80261 PAZZO'S WEST INC PAllO'S PIZZERIA 2077 N FRONTAGE RD WEST 103A VAIL CO 81657 -4960 This renewal reflects no changes from the last ap- plication. Complete page 2 and file now! Yes there are changes from the last application. If applicant is a Corporation or Limited Liability com- pany, use DR 8177 and send in with this renewal. Any other changes of ownership require a transfer of ownership. See your Local Licensing Authority immediately. License Number 03- 76319 -0000 License T pe 1970 Uablllty Information 44 003 722110 C 110596 Business Location 82 E BEAVER CRK BLVD AVON CO Current License Expires NOV 04, 2011 DEPARTMENTAL USE ONLY Total Amount Due To Paid Date Wholesaler, manufacturer, importer, and public transportation system license renewals do not need Local Licensing Author- ity approval and must be returned directly to the Colorado De- partment of Revenue at least 30 days prior to the current li- cense expiration date. is application for renewal must be returned to your CITY OR OUNTY Licensing Authority at least 45 days prior to the expira- ion date of your current license. Failure to do so may result in our license not being renewed. Include both pages of this renewal nd payment. OATH OF APPLICANT I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authori Sign a Date Business Phone HOTEL AND RESTAURANT Title �- Sales TM Number — 7,c31? _0000 REPORT AND APPROVAL OF CITY OR COUNTY LICENSING AUTHORITY The foregoing application has been examined and the premises, business conducted and character of the applicant are satisfactory, and we do hereby report that such license, if granted, will comply with the provisions of Title 12, Articles 46 and 47, C.R.S. THEREFORE THIS APPLICATION IS APPROVED. Local Li sing Authority for Date 4 ,. Signature I Title Attest DO NOT DETACH DO NOT DETACH DO NOT DETACH Make check payable to: Colorado Department of Revenue.The State may convert your DR 8400 (11/09/06) LIQUOR OR 3.2 BEER LICENSE COLORADO DEPARTMENT OF REVENUE check to a one time electronic banking transaction. Your bank account maybe debited as RENEWAL APPLICATION early as the same day received by the State. If converted, your check will not be returned. DENVER, COLORADO 80261 If your check is rejected due to insufficient or uncollected funds, the Department of Rev- enue may collect the payment amount directly from your banking account electronically. Business Name PAllO'S PIZZERIA LICENSE NUMBER (Use for all reference) 03- 76319 -0000 PERIOD 1 11 -12 TYPE OF LICENSE ISSUED CASH FUND STATE FEE HOTEL AND RESTAURANT CITY 85% OAP LIQUOR LICENSE - WALT, 2320 - 100(999) 1970 - 750(999) 2180 - 100(999) VINOUS, AND SPIRITUOUS $ 50.00 $ 25.00 $ 425.00 SUB -TOTAL $ 500.00 ADD $100.00 TO RENEW RETAIL WAREHOUSE STORAGE PERMIT2210- 100(999) $ TOTAL AMOUNT DUE $-s-G� . �= DR 8401 (02119/09) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE LAKEWOOD, CO 80261 (303) 205 -2300 ATTACHMENT TO LIQUOR OR 3.2 BEER LICENSE RENEWAL APPLICATION This page must be completed and attached to your signed renewal application form. Failure to include this page with the application may result in your license not being renewed. Trade Name of Establishment ZZc�_S� /•� c /f LSO s �LZ� State License Number 3 – 7`34" 06�6I l Q — 1. Operating Man ger Home Address All Date of Bi 2. Do you have legal possession of the pre wises for which this application for license is made? J/� Yes No Are the premises owned or rented: If rented, expiration date of lease: !/ �,�3C EJ 3. Has there been any change in financial interest (new notes, loans, owners, etc.) since the last annual application? If yes, explain in Yes No detail and attach a listing of all liquor businesses in which these new lenders or owners, (other than licensed financial institutions) are El materially interested. 4. Since the date of filing of the last annual application, has the applicant, or any of its agents, owners, managers, principals, or lenders Yes No (other than licensed financial institutions), been convicted of a crime? If yes, attach a detailed explanation. E 5. Since the date of filing of the last annual application, has the applicant, or any of its agents, owners, managers, principals, or lenders (other than licensed financial institutions), been denied an alcoholic beverage license, had an alcoholic beverage license suspended or Yes No revoked, or had interest in any entity that had an alcoholic beverage license denied, suspended or revoked? If yes, attach a detailed E explanation. 6. Does the applicant, or any of its agents, owners, managers, principals, or lenders (other than licensed financial institutions), have a Yes No direct or indirect interest in any other Colorado liquor license (include loans to or from any licensee, or interest in a loan to any ❑ licensee)? If yes, attach a detailed explanation. cW 7. Corporation or Limited Liability Company (LLC) or Partnership applicants must answer these questions. Since the date of filing of the last annual license application: Yes No (a) Are there, or have there been: any officers or directors; or managing members; or general partners added to or deleted from El ,�,f Wf applicant for renewal of a 3.2 beer or liquor license? (b) Are there or have there been: any stockholders with 10% or more of the issued stock of the Corporation; or any members with Yes No 10% or more membership interest in the LLC; or any partners with 10% or more interest in the partnership added to or deleted El from the applicant for renewal of a 3.2 beer or liquor license? (c) If Yes to (a) or (b), complete and attach Form DR 8177: Corporation, Limited Liability Company or Partnership Report of Changes, and all supporting documentation, and fees your Local Licensing Authority immediately. 8. Sole proprietorfhips, Husband -Wife Partnerships or Partners In General Partnerships: j{`"'(( 'A EVIDENCE OF LAWFUL PRESENCE Each person Identified above must complete and sign the following affidavit. Please make additional copies If necessary. Each person must also provide a copy of their driver's license or state Issued identification card. In lieu of form DR 4679, the undersigned swears or affirms under penalty of perjury under the laws of the State of Colorado that (check one): I am a United States Citizen I am not a United States Citizen but I am a Permanent Resident of the United States ❑ I am not a United States Citizen but I am lawfully present in the United States pursuant to Federal Law I am a foreign national not physically present in the United States I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, or fraudulent statement or misrepresentation in this sworn affidavit is punishable under the criminal laws of Colorado Revised Statute 18 -8 -503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signat a Printed name r � � % � Date l/ rr�a.s te I � \� \ Q r r �N �� � � �' � � � � , �� �, ti ���� �o � � �� � � � � � � � �� � � � o �, � � �� � � � � �� � ° � � � r. �� � �,, �� �� � � �� �� �� � � �� �� � � � � ��� �� � p ;� �� n � � -n .; �. I ' L+ 1 V } Avon Police Department Liquor License Application Individual Name(s): Mark Colwell Name of Business: Pazzos Type of License: ® Hotel & Restaurant ❑ Special Event Permit Event Name: n/a Date of Event: n/a Location of Business: Date Received: 82 E Beaver Creek Blvd Avon, Colorado 81620 October 5, 2011 Photographs /Fingerprints: ® On File ❑ Special Event — N/A Investigation by: ® Detective Sergeant Jonathan Lovins ❑ Detective Jeremy Holmstrom Date: October 5, 2011 CBI Criminal Investigation (attached): Nothing Local Criminal Investigation: Nothing Comments: No Negative law enforcment contacts in past year. Liquor Code Violations in the past calendar year: ❑ Yes ® No If yes, explain: Smoking violation in the past calendar year: ❑ Yes ® No If yes, explain: ® Background investigation conducted with no problems and or areas of concern. N.C.I.C. database not accessed on this applicant. Investigation Time: 2 hours. Administration Time: 1 hour. DR 8400 (11/09/06) LIQUOR OR 3.2 BEER LICENSE COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION COLORADO 80261 Iloeleeeellelleoeelellleeeelloeoellele�eeoeellleleeoee�Ieleoll VAIL VALLEY MEXICAN FOODS LLC AGAVE PO BOX 6391 AVON CO 81620 -6391 This renewal reflects no changes from the last ap- plication. Complete page 2 and file now! Yes there are changes from the last application. If applicant is a Corporation or Limited Liability com- pany, use DR 8177 and send in with this renewal. Any other changes of ownership require a transfer of ownership. See your Local Licensing Authority immediately. License 0 7 -67736-000 1 LloenSel 7 0 Liability. Information 44 003 722110 B 111610 Business Location 1060 E BEAVER CREEK AVON CO Current License Expires NOV 15, 2011 DEPARTMENTAL USE ONLY Total Amount Due Total Paid Date Wholesaler, manufacturer, importer, and public transportation system license renewals do not need Local Licensing Author- ity approval and must be returned directly to the Colorado De- partment of Revenue at least 30 days prior to the current li- cense expiration date. This application for renewal must be returned to your CITY OR COUNTY Licensing Authority at least 45 days prior to the expira- tion date of your current license. Failure to do so may result in your license not being renewed. Include both pages of this renewal and payment. OATH OF APPLICANT I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authori natur h Date Business Phone 41 Title Sal s Tax Number 6-7 X7.73 --r-Da REPORT AND APPROVAL OF CITY OR COUNTY LICENSING AUTHORITY The foregoing application has been examined and the premises, business conducted and character of the applicant are satisfactory, and we do hereby report that such license, if granted, will comply with the provisions of Title 12, Articles 46 and 47, C.R.S. THEREFORE THIS APPLICATION IS APPROVED. Local ' arising Authorit for Date Aon Signature a Title Attest DO NOT DETACH DO NOT DETACH DR 8400 (11/09/06) LIQUOR OR 3.2 BEER LICENSE COLORADO DEPARTMENT OF REVENUE RENEWAL APPLICATION DENVER, COLORADO 80261 DO NOT DETACH Make check payable to: Colorado Department of Revenue.The State may convert your check to a one time electronic banking transaction. Your bank account may be debited as early as the same day received by the State. If converted, your check will not be returned. If your check Is rejected due to Insufficient or uncollected funds, the Department of Rev- enue may rnllert the navmenf a �nf riirerily frn r Mn4in.. Business Name AGAVE LICENSE NUMBER (Use for all reference) 07- 67736 -0001 PERIOD 11 -12 TYPE OF LICENSE ISSUED CASH FUND STATE FEE HOTEL AND RESTAURANT CITY 85% OAP LIQUOR LICENSE - MALT, 2320 - 100(999) 1970 - 750(999) 2180 - 100(999) VINOUS, AND SPIRITUOUS $ 50.00 $ 25.00 $ 425.00 SUB -TOTAL $ 500.00 ADD $100.00 TO RENEW RETAIL WAREHOUSE STORAGE PERMIT2210- 100(999) $ TOTAL AMOUNT DUE $�.� DR 8401(02/19/09) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE LAKEWOOD. GO 80261 (303) 205 -2WO ATTACHMENT TO LIQUOR OR 3.2 BEER LICENSE RENEWAL APPLICATION This page must be completed and attached to your signed renewal application form. Failure to include this page with the application may result in your license not being renewed. Trade N me of Establishment State License Number 7734:,,--05rJv, 1 Operating Manege 2 - - Home Address 3c2zr t ji llrs 2� n � G �o Date of Birth 2. Do you have legal possession of the p s s for which this application for license is made? Yes No Are the premises owned or rented: ' It If rented, expiration date of lease: W 0 3. Has there been any change in financial interest (new notes, loans, owners, etc.) since the last annual application? If yes, explain in YeS No detail and attach a listing of all liquor businesses in which these new lenders or owners, (other than licensed financial institutions) are materially -itheresti. 4. Since the date of filing of the last annual application, has the applicant, or any of its agents, owners, managers, principals, or lenders Yes No (other than licensed financial institutions), been convicted of a crime? If yes, attach a detailed explanation. 5. Since the date of filing of the last annual application, has the applicant, or any of its agents, owners, managers, principals, or lenders (other than licensed financial institutions), been denied an alcoholic beverage license, had an alcoholic beverage license suspended or Yes No revoked, or had interest in any entity that had an alcoholic beverage license denied, suspended or revoked? If yes, attach a detailed explanation. 6. Does the applicant, or any of its agents, owners, managers, principals, or lenders (other than licensed financial institutions), have a Yes No direct or indirect interest in any other Colorado liquor license (inclutde vans to or from any licensee, or interest in a loan to any licensee)? If detailed explanation. %.�a X1;,,6, ifG.. �, [� A 41er11V --. 4rec.k.— ❑ yes, attach a (Gjtz.vc0- 7. Corporation or Limited Liability Company (LLC) or Partnership applicants must answer these questions. Since the date of filing of the last annual license application: Yes No (a) Are there, or have there been: any officers or directors; or managing members; or general partners added to or deleted from ❑ applicant for renewal of a 3.2 beer or liquor license? (b) Are there or have there been: any stockholders with 101% or more of the issued stock of the Corporation; or any members with Yes No 10% or more membership interest in the LLC; or any partners with 10% or more interest in the partnership added to or deleted from the applicant for renewal of a 3.2 beer or liquor license? (c) if Yes to (a) or (b), complete and attach Form DR 8177: Corporation, Limited Liability Company or Partnership Report of Changes, and all supporting documentation, and fees your Local Licensing Authority immediately. 8. Sole proprieforsh; 0, Husband -Wife Partnerships or Partners in General Partnerships: EVIDENCE OF LAWFUL PRESENCE Each person Identified above must complete and sign the following affidavit. Please make additional copies if necessary. Each person must also provide a copy of their driver's license or state issued identification card. In lieu of form DR 4679, the undersigned swears or affirms under penalty of perjury under the taws of the State of Colorado that (check one): I am a United States Citizen I am not a United States Citizen but I am a Permanent Resident of the United States El I am not a United States Citizen but I am lawfully present in the United States pursuant to Federal Law I am a foreign national not physically present in the United States I understand that this sworn statement is required by law because I have applied for a public benefit I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, or fraudulent statement or misrepresentation in this sworn affidavit is punishable under the criminal laws of Colorado Revised Statute 18-8 -503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signs Printed name Date Avon Police Department Liquor License Application Individual Name(s): Richard Wheelock Name of Business: Agave Type of License: ® Hotel & Restaurant ❑ Special Event Permit Event Name: n/a Date of Event: n/a Location of Business: 1060 West Beaver Creek Blvd Avon, Colorado 81620 Date Received: October 5, 2011 Photographs /Fingerprints: ® On File ❑ Special Event — N/A Investigation by: ® Detective Sergeant Jonathan Lovins ❑ Detective Jeremy Holmstrom Date: October 5, 2011 CBI Criminal Investigation (attached): Nothing Local Criminal Investigation: Nothing Comments: No Negative law enforcment contacts in past year. Liquor Code Violations in the past calendar year: ❑ Yes ® No If yes, explain: Smoking violation in the past calendar year: ❑ Yes ® No If yes, explain: ® Background investigation conducted with no problems and or areas of concern. N.C.I.C. database not accessed on this applicant. Investigation Time: 2 hours. Administration Time: 1 hour.