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LA Minutes 12-11-2012TOWN OF AVON, COLORADO MINUTES OF THE LOCAL LIQUOR LICENSING AUTHORITY MEETING DECEMBER 11, 2012 The Avon Town Council acting as the Local Liquor Licensing Authority for the Town of Avon, Colorado convened at 5:00 PM at the Avon Town Hall, One Lake Street, Avon, Colorado. A roll call was taken and Board members of the Authority present were Rich Carroll, Dave Dantas, Chris Evans, Jennie Fancher, Todd Goulding, Buz Reynolds and Jake Wolf. PUBLIC COMMENT Michael Cassioppo, Avon resident, spoke in support Sharon Mou owner of China Garden. He noted the history and success of the restaurant in the Avon community. SHOW CAUSE HEARING ON LIQUOR LICENSE VIOLATION — CONTINUED FROM DECEMBER 11, 2012 a. Stipulated Findings of Fact, Conclusions and Sanctions Order Avon Police Incident Case Report No. 2012 - 000748 dated September 20, 2012 Establishment Name: China Garden, Inc. d /b /a China Garden Address: 100 W. Beaver Creek Place Manager: Sharon Mou Type: Hotel and Restaurant Liquor License Eric Heil, Town Attorney, noted that the show cause hearing was set to review the violation that occurred at China Garden. It was noted that the police report was included in their materials and described an incident that occurred on September 14, 2012 referred to as Case No. 2012 - 000748. The offender was Harley Ruben EK M, and the charges included a violation of the Colorado Liquor Code §12.47.901(5)(c), sale of fermented malt beverage to a person under the age of 21 years and Avon Municipal Code §9.12.070, sale of alcohol to minors. At October 23`d meeting the Avon Liquor Licensing Authority adopted the Resolution No. 12 -01 which set forth the matter to a hearing in front of the liquor licensing authority. Rob Sperberg, attorney representing China Garden, and Sharon Mou, owner, were present to address the liquor board regarding the matter. It was noted that the employee served the beverages in error. It was noted that the owner had never had any other violations in the many years of operation. At this time Board member Dantas moved to approved Resolution No. 12 -04, Series of 2012, Resolution Making the Determination that China Garden, Inc. d /b /a China Garden has violated a Law, Rule or Regulation with Respect to the Operation of its Licensed Premises; and Ordering a Warning, Suspension or Payment in Lieu of Suspension per the Stipulated Findings of Fact, Conclusions and Sanctions Order as provided in the board packet materials. Board member Evans seconded the motion and it passed unanimously. There being no further business to come before the Board, the meeting adjourned at 5:10 PM. APPROVED: Rich Carroll Dave Dantas Chris Evans Jennie Fancher Todd Goulding Albert "Buz" Reynolds Jake Wolf RESP CC ULL" IT ED: Patty e ny, Secr ar 7/24/12 Page 2 of 2