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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