Local Liquor LicensingTOWN OF AVON
LOCAL LIQUOR LICENSING AUTHORITY
SANCTION GUIDELINES FOR LIQUOR AND BEER CODE VIOLATIONS
The following are policy guidelines adopted by the Avon Liquor Authority to assist the
Authority in treating all licensees as equitably as possible in imposing sanctions for the
most common violations of the liquor and beer codes. The Authority will analyze the
circumstances of each individual case and consider any aggravating or mitigating
circumstances before imposing sanctions against the licensee. The actual sanctions
imposed against a licensee may vary from the guidelines set forth herein, depending
upon the aggravating and mitigating circumstances of each case.
At the time of the show cause hearing, the Attorney prosecuting the matter on behalf of
the Town and the Town Clerk will advise the Liquor Authority of any prior violations and
warnings received by the licensee. In addition to any of the listed sanctions, server or
licensee training may be required of the licensee and /or employees.
Sometimes, when a suspension is imposed against a licensee for a violation, a number
of days of the suspension are held in abeyance for one year. If a second offense occurs
within that year, the licensee should serve the days held in abeyance for the prior
violation in addition to any sanctions imposed for the second offense.
When a suspension is imposed, a licensee may petition to pay a fine in lieu of the
suspension. Pursuant to C.R.S. 12 -46 -107 or C.R.S. 12 -47 -110, the Liquor Authority
has the discretion to allow or deny the petition. To grant a petition, the Authority must
find:
1. The public welfare and morals will not be impaired and a fine achieves the
desired disciplinary result.
2. The licensee's books and records are kept in such a manner that the
amount of the fine can be calculated.
3. The licensee has not had his license suspended or revoked, or paid a fine
in lieu of a suspension within the two years preceding the date of the
complaint.
4. The suspension imposed is for fourteen or less days.
VIOLATIONS AND RELATED SANCTIONS
A. CONDUCT OF PREMISES (Regulation 47 -900):
A licensee must conduct the licensed premises in a decent, orderly, and
respectable manner.
2. A licensee cannot permit the serving or loitering of an apparently
intoxicated person or habitual drunkard on the licensed premises.
3. A licensee may not permit profanity, rowdiness, undue noise, and other
disturbances or activities which are offensive to the senses of the average
citizen or residents of the neighborhood.
4. A licensee cannot engage in or permit exposure or touching of sexual
body parts on the licensed premises.
5. A licensee cannot permit entertainment on the licensed premises which
displays or simulates sexual acts.
FIRST OFFENSE: Ten (10) days suspension with five (5) days held in abeyance
for (1) year; allow a fine in lieu of a suspension.
SECOND OFFENSE WITHIN FIVE YEARS: Fourteen (14) days suspension with
seven (7) days held in abeyance for one (1) year; no fine in lieu of a suspension. In the
event a second offense occurs within one (1) year of the first offense, any days held in
abeyance from the first offense will be imposed in addition to separate sanctions for the
second offense.
B. SALE OR SERVICE TO VISIBLY INTOXICATED PERSONS (C.R.S. 12-47 -
901(1)(a), 12- 47- 901(5)(a)(1), Regulation 47 -900: A licensee may not serve or permit
the service of beer or alcoholic beverages to a visibly intoxicated person.
FIRST OFFENSE: Ten (10) days suspension with five (5) days held in abeyance
for one (1) year; allow a fine in lieu of a suspension.
SECOND OFFENSE WITHIN FIVE YEARS: Fourteen (14) days suspension with
seven (7) days held in abeyance for one (1) year; no fine in lieu of a suspension. In the
event a second offense occurs within one (1) year of the first offense, any days held in
abeyance from the first offense will be imposed in addition to separate sanctions for the
second offense.
C. SALE TO A MINOR (C.R.S. 12- 47- 901(1)(a), 12- 47- 901(5)(a)(1): A licensee
may not serve or permit the service of beer or alcoholic beverages to any person under
twenty -one (21) years of age.
FIRST OFFENSE: Ten (10) days suspension with five (5) days held in abeyance
for one (1) year; allow a fine in lieu of a suspension.
SECOND OFFENSE WITHIN FIVE YEARS: Fourteen (14) days suspension with
seven (7) days held in abeyance for one (1) year; no fine in lieu of a suspension. In the
event a second offense occurs within one (1) year of the first offense, any days held in
abeyance from the first offense will be imposed in addition to separate sanctions for the
second offense.
D. BAD MORAL CHARACTER (C.R.S. 12 -47 -307):
A liquor license may not be held by:
1. A person who is not of good moral character.
2. Any corporation whose officers, directors, or stockholders holding over ten
percent (10 %) of the stock are not of good moral character.
3. Partnership, association or company whose officers or members holding
over ten percent (10 %) interest are not of good moral character.
4. Any person employing, assisted by, or financed by a person not of good
moral character and reputation satisfactory to the licensing authority.
5. Any person unless his /her character, record, and reputation is satisfactory
to the Licensing Authority.
ANY OFFENSE: Denial of an application, or revocation of an existing license
unless the person of bad moral character is removed from the license or from
employment within thirty days.
E. HOURS OF SERVICE (C.R.S. 12 -47 -901): A licensee may not sell or serve beer
or alcoholic beverages at any time other than during the hours permitted by the liquor
and beer codes.
FIRST OFFENSE: Five (5) days suspension with four (4) days held in abeyance
for one (1) year; allow a fine in lieu of a suspension.
SECOND OFFENSE WITHIN FIVE YEARS: Five (5) days suspension with three
(3) days held in abeyance for one (1) year; allow a fine in lieu of a suspension. In the
event a second offense occurs within one (1) year of the first offense, any days held in
abeyance from the first offense will be imposed in addition to separate sanctions for the
second offense.
ADOPTED BY A MAJORITY VOTE OF THE TOWN OF AVON TOWN COUNCIL
ACTING AS THE LOCAL LIQUOR LICENSING AUTHORITY THIS DAY OF
2009.
Chair