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HomeMy WebLinkAboutR19-074 Resolution Establishing Beaver Creek Village Entertainment District Commissioner Se.git414-- moved adoption of the following Resolution BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO ACTING AS THE LOCAL LIQUOR LICENSING AUTHORITY RESOLUTION NO. 2019- 014 ESTABLISHING BEAVER CREEK VILLAGE ENTERTAINMENT DISTRICT WHEREAS, C.R.S. §§ 44-3-103(15) and 44-3-301(11) provide terms, conditions, and restrictions relating to establishment of entertainment districts, which define the geographic area where service and consumption of alcohol in certified common consumption area(s) may be allowed; and WHEREAS, pursuant to Colorado Senate Bill 19-141, entertainment districts may be established within unincorporated areas of counties in Colorado; and WHEREAS, a group of licensed premises within the Beaver Creek Village area of unincorporated Eagle County requested that the Eagle County Liquor Licensing Authority (hereinafter the "Board") establish an entertainment district to allow for application for a common consumption area in the Beaver Creek Village, to be operated by a duly established promotional association of attached licensed premises; and WHEREAS, the Eagle County Clerk and Recorder and staff, as the local liquor licensing coordinator for Eagle County, Colorado, recommends creation of the Beaver Creek Village Entertainment District, subject to certain additional rules and regulations adopted by the Board. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the purpose of this Resolution is to exercise Eagle County's local option to allow common consumption areas within appropriate areas of unincorporated Eagle County and to effectuate the purposes and intent of C.R.S. § 44-3-301(11) by establishing an entertainment district, which may permit the establishment of common consumption area(s) pursuant to C.R.S. § 44-3-301(11), subject to the requirements of C.R.S. § 44-3-910 and the additional rules and regulations adopted by the Board. THAT, there is hereby established and designated the "Beaver Creek Village Entertainment District," which contains an area within the Beaver Creek Village, as shown in the Beaver Creek Village Entertainment District Map, a copy of which is attached here as Exhibit A, and which is on file with the Eagle County Clerk and Recorder. Said District has been determined to satisfy the size and licensed premises contained in C.R.S. § 44-3-103(15). THAT, the provisions of Article 3 of Title 44, C.R.S., and any rules and regulations promulgated thereunder, are incorporated herein, in addition to or except to the extent that more restrictive or additional regulations are set forth in Eagle County's Rules and Regulations for the Beaver Creek Village Entertainment District, which are hereby adopted and attached hereto as Exhibit B, and which may be amended from time to time for administrative purposes and/or in the interest of the health, safety and welfare of the public. THAT, the Board, acting in its capacity as the local liquor licensing authority, shall be authorized to: certify and decertify promotional associations wishing to operate in the Beaver Creek Village Entertainment District; designate and/or approve or reapprove the location, size, security, and hours of operation of common consumption areas; and allow attachment of licensed premises to common consumption areas. THAT, this Resolution is adopted in the interest of the health, safety and welfare of the citizens of Eagle County. MOVED, READ and ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, sitting as the Local Liquor Licensing Authority, at its regular meeting held OM t'11I , 2019. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its LR / y: •OARD OF COUNTY COMMISSIONERS //1 01/ fl1 erk/, the Board of ne cQueeney oun Comm':s s ers' ,' A t rikgi .- Kathy Ch..•'ler-Henry Commissioner Matt Sc Commissioner Commissioner _+vtX.a�2_ - seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney al, Commissioner Chandler-Henry Commissioner Scherr tQ_.k v. This resolution passed by b vote of the Board of County Commissioners of the County of Eagle, State of Colorado EXHIBIT A BEAVER CREEK VILLAGE ENTERTAINMENT DISTRICT MAP � �' .-" at E da r r I 0 VI p l �u fi it a 01, £ph` as hd ,rw. y, .r '`' '.•'- O' "ps=' s' a 91 ... i .,• t „,,,,,,,„.' ' 3 }m N cy Y X� „y fir: ea al 4- 0 v ..yak , ' < , I 00 w W = �: mit � , m N m nY 4 U 4 , . z cr. .. fl-RI LL LD y ..\\\ * ig 4' ' � . a►� O '° ` -L CC1 i. 0 -C:1 ix 0 so 00.• W,r 0)w__ ,c, of, C)+- +� w. ," .t x .40 o+ Vit >s �. "< ilf 4.0 m co { la ` ' � � .w 1. 0 4 At W EXHIBIT B RULES AND REGULATIONS CONCERNING BEAVER CREEK VILLAGE ENTERTAINMENT DISTRICT I. Definitions. Common Consumption Area means an area designed as a common area wholly within an Entertainment District approved by the Board of County Commissioners that uses physical barriers to close the area to motor vehicle traffic and monitor pedestrian access. Beaver Creek Village Entertainment District means that area contained within Beaver Creek Village, as shown on the Beaver Creek Village Entertainment District Map. Beaver Creek Village Entertainment District Map shall mean the map showing the boundaries of the Beaver Creek Village Entertainment District,which shall be kept on file in the Office of the Eagle County Clerk and Recorder. Entertainment District means an area within unincorporated Eagle County that the Board of County Commissioners has designated as an Entertainment District of a size no more than one hundred (100)acres and containing at least twenty thousand(20,000) square feet of premises licensed as a tavern, hotel and restaurant, brew pub, distillery pub, vintner's restaurant, or an optional premise at the time the District is created. Licensee means a person to whom a license is granted by the Board of County Commissioners to manufacture or sell alcoholic beverages as provided under the State liquor laws. Promotional Association means an association of not less than two licensed premises, which is incorporated within Colorado, and organizes and promotes entertainment activities within a Common Consumption Area and is organized or authorized pursuant to State law and certified by the Board of County Commissioners. II. General Provisions. A. These provisions shall apply to land located within the Beaver Creek Village Entertainment District as defined herein, but do not apply to a special event permit or the holder thereof unless the permit holder desires to utilize a properly formed common consumption area, seeks approval from the Board of County Commissioners or its designee and agrees in writing to the requirements of this Resolution and applicable state law. B. The Board of County Commissioners may by resolution revise the boundaries of the Beaver Creek Village Entertainment District if determined in the best interest of the health, safety and welfare of the community. 1 of 6 C. By establishing the Beaver Creek Village Entertainment District,the Board of County Commissioners has the authority to certify and decertify promotional associations; designate and/or approve or reapprove the location, size, security parameters, and hours of operation of one or more common consumption areas; authorize, de-authorize, or refuse to authorize a licensee's attachment of licensed premises to common consumption areas; and impose reasonable conditions of approval on the re-authorization of common consumption areas and promotional associations and attachment of licensed premises to common consumption areas, consistent with the provisions contained herein and with applicable State law. D. The standards for common consumption areas and promotional associations adopted herein shall be considered in addition to all other standards applicable to the issuances of licenses under State law and Eagle County liquor licensing regulations. III. Certification of Common Consumption Area and Promotional Association. A. Within the Beaver Creek Entertainment District,the Board of County Commissioners may approve a common consumption area upon application by a promotional association meeting the requirements set forth herein and of applicable State law. B. An application for the certification of a promotional association under the provisions of this Article and the State liquor laws shall be submitted to the Board of County Commissioners on forms furnished by the Eagle County Clerk and Recorder. At minimum,the application shall include the following: (1) An application fee of$3,000.00. (2) A copy of articles of incorporation and bylaws of the promotional association. (3) A list of names of all directors and officers of the promotional association. Each licensed premises attached to the common consumption area must have at least one director on the Board of Directors for the promotional association. Each promotional association shall designate and name an Administrator. (4) A detailed map of the Common Consumption Area, including: the size in acreage or square footage of the Common Consumption Area; location of physical barriers, entrances and exits, location of attached licensed premises, identification of licensed premises that are adjacent but not to be attached to the Common Consumption Area, and approximate location of security personnel during the dates and hours of operation for the Common Consumption Area. (5) A detailed operation and security plan for the proposed Common Consumption Area, including evidence of completed liquor training of all serving personnel as required under Eagle County Liquor Licensing Regulations and number and location of security personnel during the dates and hours of operation of the Common Consumption Area. 2 of 6 (6) A proposed list of dates and hours of operation of the Common Consumption Area. (7) Documentation showing possession of the Common Consumption Area by the Promotional Association. (8) A list of the attached licensed premises with the following information: liquor license number, list of past liquor violations, if any, and a copy of any operational agreements between the Licensees. (9) A certificate of general liability and liquor liability insurance in a minimum amounts of$1,000,000.00 expressly naming Eagle County, its associated or affiliated entities, its successor and assigns, elected officials, employee, agents and volunteers as additional insured under the general liability policy of insurance. (10) A signed statement on behalf of the Promotional Association that the Common Consumption Area and all licensed establishments therein will be operated in compliance with these Rules and Regulations, all applicable provisions of the Eagle County Liquor Licensing Regulations, and State liquor laws. (11) Documentation of how the application addresses the reasonable requirements and desires of the adult inhabitants of the neighborhood, defined as a one-quarter mile radius around the Beaver Creek Village ice rink as illustrated on the attached Exhibit C, as evidenced by written testimony, petitions, or otherwise. C. The Board of County Commissioners shall consider the merits of the application for certification of a Promotional Association and may refuse to certify or recertify or may decertify a Promotional Association if the Association: (1) fails to submit an annual report by January 31 of each year; (2) fails to establish that the licensed premises and Common Consumption Area can be operated without violating this Resolution, Eagle County liquor licensing rules and regulations or applicable State law or without creating a safety risk to the neighborhood; (3) fails to have at least two (2) licensed premises attached to the Common Consumption Area; (4) fails to obtain or maintain a properly endorsed general liability and liquor liability insurance policy that is reasonably acceptable to the Board of County Commissioners and names Eagle County as an additional insured as required by Section 111 (B)(9)of these Rules and Regulations; 3 of 6 (5) fails to demonstrate that the use is compatible with the reasonable requirements of the neighborhood and the desires of its adult inhabitants; or (6) is in violation of C.R.S. §44-3-910, as may be amended from time to time, related to common consumption area operations. D. Once certified by the Board of County Commissioners as a Promotional Association,the Association may operate a Common Consumption Area within the Beaver Creek Village Entertainment District in accordance with all requirements of law and the terms and conditions imposed by the Board. E. Unless an alternate recertification date is identified by the Board of County Commissioners when first certifying a Promotional Association,the Promotional Association shall apply for annual recertification by January 31 of each year on Clerk-approved forms in a manner consistent with the provisions of this Section. A recertification application shall include, but not be limited to: (1) A recertification fee of$750.00; and (2) A copy of any changes to the articles of incorporation, bylaws and/or the directors, officers, or Administrator of or for the Promotional Association; and (3) All items under Paragraphs III B(2)through III B(10), above. F. Once certified, a Promotional Association may authorize the attachment of a licensed premise to an existing Common Consumption Area, subject to approval by the Board of County Commissioners. Application for attachment of a licensed premises to a Common Consumption Area shall be made in a manner consistent with the provisions of this Article and shall include, but not be limited to the following information: (1) authorization for attachment from the certified Promotional Association; (2) name of the representative from the licensed premises proposed for attachment who would serve as an additional director on the board of the certified Promotional Association; (3) an updated map of the Common Consumption Area to reflect the addition of the licensed premises, including: location of physical barriers, entrances and exits, location of attached licensed premises, identification of licensed premises that are adjacent but not to be attached to the Common Consumption Area, and approximate location of security personnel; (4) an application fee of$350.00; and 4 of 6 (5) a signed statement that the licensed premises will be operated in compliance with these Rules and Regulations, all applicable provisions of the Eagle County Liquor Licensing Regulations, and State liquor laws. G. The yearly operation plan for Common Consumption Areas shall be submitted to the Eagle County Clerk and Recorder no later than 45 days prior to the date on which the promotional association's certification expires. If there is evidence that continued operation in the Common Consumption Area should be considered by the Board of County Commissioners for any reason in the sole discretion of the Clerk,the Clerk shall set the application for hearing before the Board of County Commissioners. Otherwise,the Clerk may administratively re- approve the Promotional Associations' continued operation in the Common Consumption Area. H. All applications for a common consumption area, certification and recertification of a promotional association, and attachment by a liquor license to a common consumption area of a certified promotional association shall be filed with the County Clerk and Liquor Licensing Coordinator. All forms must be complete, including all exhibits that may be required to be attached in accordance with these local requirements. Incomplete or erroneous applications will be rejected. IV. Operational Requirements of Promotional Associations and Common Consumption Areas. A. A certified Promotional Association must operate in accordance with the following requirements: (1) The size and configuration of the licensed Common Consumption Area shall not be modified except with approval of the Board of County Commissioners. (2) The Promotional Association shall provide adequate security in terms of personnel,physical barriers, and training to ensure compliance with all requirements of this Article, applicable State law, and to prevent a public safety risk. (3) Common Consumption Areas and their attached licensed premises may serve alcohol for consumption within the Common Consumption Area on the dates identified in the list provided to the Board of County Commissioners in accordance with Section III (B)(6) of these Rules and Regulations. Alcohol may be consumed in the Common Consumption Area in accordance with the schedule identified in the list provided to the Board of County Commissioners in accordance with Section III (B)(6)of these Rules and Regulations, but in no case earlier than 9:00 a.m., nor later than 11:00 p.m. on any authorized date. This requirement shall have no effect on service of alcohol for consumption within any licensed premises. It is unlawful for the Promotional Association to allow consumption of alcoholic beverages in the Common Consumption Area between the hours of 11:00 p.m. and 9:00 a.m. The Promotional Association shall 5 of 6 promptly remove all alcoholic beverages from the Common Consumption Area at the end of the hours of operation. (4) The Promotional Association shall post signs at the entrances and exits of the Common Consumption Area notifying customers of the hours of operation and restrictions associated with the Common Consumption Area. (5) All serving personnel must complete a liquor training program as required under Eagle County Liquor Licensing Regulations prior to staffing the Common Consumption Area. Certificates of training must be provided to the Eagle County Clerk and Liquor Licensing Coordinator prior to service of alcohol within the Common Consumption Area. (6) No patron shall leave the Common Consumption Area with an unconsumed alcoholic beverage. (7) The Promotional Association's security personnel must ensure that all patrons consuming an alcoholic beverage within the Common Consumption Area are 21 years of age or older, and the certified Promotional Association must provide and adhere to a detailed security plan that addresses this requirement. (8) All alcoholic beverages provided for consumption within the Common Consumption Area but not within the licensed premises must be served in designated containers sold or provided by the Promotional Association and attached licensed premises. The containers may not exceed 16 ounces and must be disposable. Each attached licensed premises shall acquire and maintain disposable containers that displays the Licensee's business name in at least 24-pont font. These marked disposable containers shall be used by Licensee for all beverages served to and consumed by its customers in the common consumption area. (9) Only approved and designated containers are allowed within the Common Consumption Area, and no outside alcoholic beverages are permitted. (10) Beverage containers may not be shared amongst individuals. (1 l) A clear visible perimeter must be maintained with identified entrances and exits. (12) Security personnel must ensure that no alcohol is brought into the Common Consumption Area other than in the approved marked containers. (13) Security personnel must ensure that the approved marked containers are empty before an individual may exit the Common Consumption Area. (14) Individuals may not enter an attached licensed premise with an approved beverage container unless the container is empty. 6 of 6 EXHIBIT C IDENTIFIED NEIGHBORHOOD 9 �o ! ! yy g wR h!J I 0 w0 41j • ..aAW'i' / �' a Iry Nit _ ,/ a m m W _. ! i s � J f ' � � rye ' S- ,_ g bL ♦ate SS �.�� Irl• Y w 4 n '' .1- : F �, ; w,z � f1 a 5 S k ey << ry . ` O " "— C.) - / Y C)