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HomeMy WebLinkAbout02.20.13 BLA Minutes i Y L grJtlt_''s', CI CITY OF BOULDER CITY Ct_E 11 s , : BEVERAGE LICENSING AUTHORITY"' ENTR ***MINUTES*** WEDNESDAY, FEBRUARY 20, 2013, 3:03WM. BOULDER CITY COUNCIL CHAMBERS MUNICIPAL BUILDING - 2"d FLOOR 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: February 20, 2013 NAME & PHONE OF PERSON PREPARING SUMMARY: Mishawn Cook, Licensing Manager (303.441.3010) NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Timothy McMurray, Lisa Spalding, Richard Tucker, and Dave Zessin. Staff Present: Sandra Llanes, Assistant City Attorney, Mishawn Cook, Licensing Manager, Ann Large, Executive Assistant to the City Manager. QUASI-JUDICIAL MEETING OUTLINE OF AGENDA 1. Member roll call; Approval of Beverage Licensing Authority (BLA) minutes from January 16, 2012, hearing agenda issues from licensing clerk, and hearing conductor assignment approval. Ann Large completed BLA member roll call. Member Barker was absent, but all other BLA members were present thus there was a quorum of 4 BLA members. Ms. Large advised that the January 16 minutes were not ready for review. Ms. Large advised that agenda item 4, Boulder Beer and Liquor Emporium show cause hearing, would proceed after agenda items 5 and 6 at the request of Mike Whitney. 2. Matters from the Boulder Police Department. Officer Carlene Hofmann showed the BLA members the new State of Colorado website for Compliance Checks and Minors in Possession violations. 3. Matters from the Responsible Hospitality Group. BLA 2.20.13 Final Minutes Page 1 of 8 Michael Absalom, RHG President, described The RHG organization and answered BLA members' questions. 4. Show cause hearing concerning October 4, 2012 and October 26, 2012 violations and whether the Retail Liquor Store type liquor license held by SW Liquor Corp d/b/a Boulder Beer and Liquor Emporium, 4700 Table Mesa Drive, Boulder, CO 80305, should be suspended or revoked. Diane Goldenstein, Esq. appeared as the licensee's attorney. Kareena Kaur (licensee's daughter), and Kulbir (Nick) Singh (licensee owner) were both sworn in and testified regarding mitigation information. Hearing procedure reading was waived by Ms. Goldenstein on behalf of her client. No ex-parte communications or conflicts of interest were disclosed by Authority members. Mishawn Cook noted for the Authority that they had been provided with 2 exhibits: agenda item 4, exhibit 1 was an offered stipulation to facts and penalty and agenda item 4, exhibit 2 was employee alcohol training information from the licensee. Mike Whitney, Esq. appeared as BPD prosecutor and explained the stipulation to penalty terms which consisted of table value for 2 counts of sale to minor to total 6 days suspension. Ms. Goldenstein explained that Mr. Singh has the ID book, all employees are trained, and has purchased an ID scanner. Member Spalding questioned if accepting the ID was reasonable given the differences between the ID details and the person who used the ID. Member Tucker moved, McMurray seconded, to accept the stipulation to facts and to penalty, thus to set the penalty for this violation at 6 suspension days with 12 days held in abeyance for 1 year. Motion approved 4:0. The Authority discussed that they would set the dates and that two suspension posters should be posted for the duration of the suspension. Chair Zessin moved, Tucker seconded, to direct that the 6 suspension days should be served from March 6 to 11, 2013. Motion approved 4:0. . 5. Public Hearing and Consideration of whether there is good cause for a non-renewal of a December 12, 2012 application from Cafe Nostro Ltd d/b/a Caffe Sole, 637 S. Broadway, Unit R, Boulder, CO 80305; Suter DuBose, President, Ashkan Angha, VP and Erik Williams, Manager of Record, with a premise business mailing address, for a renewal of a Beer and Wine type liquor license. Suter DuBose, licensee owner, and Tim Bowers, store manager, were both sworn in, confirmed premise posting for the required 10 day period, and both provided testimony about this renewal application. No ex-parte communications or conflicts of interest were disclosed by the BLA members. Hearing procedures were read. BLA 2.20.13 Final Minutes Page 2 of 8 Mishawn Cook noted that the BLA members had been provided an email as agenda item S, exhibit 1 which was information about server training. Ms. Cook noted that this renewal was timely filed, but that there were administrative issues including tax issues and a need for an updated business manager, so a renewal hearing was scheduled. Ms. Cook advised these issues had been dealt with at this time. No third parties requested interested party status and no public comment was given. Member Tucker moved, McMurray seconded, to approve this beer and wine liquor license renewal application. Motion approved 4:0. 6. Public Hearing and Consideration of whether there is good cause for a non-renewal of a December 21, 2012 application from Mateo LLC d/b/a Mateo, 1837 Pearl Street, Boulder, CO 80302; Vursu LLC as 100% Owner and with Matthew Jansen as 100% Member of Vursu LLC, with a premise business mailing address, for a renewal of a Hotel-Restaurant type liquor license. Matthew Jansen, licensee owner, was sworn in, confirmed under oath premise posting for the required 10 day period, and Mr. Jansen provided testimony about this renewal application. Hearing procedure reading was waived by Mr. Jansen. No ex-parte communications or conflicts of interest were disclosed by BLA members. Ms. Cook explained that this renewal application was late filed and that there were administrative issues, including tax issues which remained unresolved. The BLA members discussed this with Mr. Jansen and this item was recessed until after agenda item 12, to give Mr. Jansen an opportunity to resolve this matter. This item was reconvened after the other agenda items. Ms. Cook reported that administrative issues were resolved. No third parties requested interested party status and no public comment was given in this matter. Member McMurray moved, Tucker seconded, to approve this hotel-restaurant liquor license renewal application. Motion approved 4:0. 7. Public hearing and consideration of an October 16, 2012 application from Imagine Entertainment LLC d/b/a Lazy Dog/Naked Fish, 1346 Pearl Street, Boulder, CO 80302; Steve Ross, Member, Cindy Tayler, Registered Manager, and Tim Shaughnessey, Signatory, with a premise business mailing address, for a Permanent Modification to a Hotel- Restaurant liquor license. This item proceeded after agenda item 8. Adam Stapen, Esq. appeared as the applicant's attorney. Steve Ross, licensee owner, was sworn in, confirmed under oath that the premise posting was completed for the required 10 day period, and provided information about the modification that had been completed to add a bar in the restaurant's basement. Mr. Stapen waived procedures reading on behalf of his client. No ex-parte communications or conflicts BLA 2.20.13 Final Minutes Page 3 of 8 of interest were disclosed by BLA members. Member Spalding noted a number of petition signatures should be deleted from consideration because they are out of the designated boundary, and the Authority instructed Mr. Stapen to strike the invalid signatures. No third parties requested interested party status and no public comment was given in this matter. Member McMurray moved, Tucker seconded, to approve this permanent modification to a hotel-restaurant liquor license application. Motion approved 4:0. 8. Public hearing and consideration of a November 28, 2012 application from Radda I Inc. d/b/a Radda, 1265 Alpine Avenue, Boulder, CO 80304; Edwin Zoe, 100% Owner and President, and Matthew Jansen, Registered Manager, with a premise business mailing address, for Transfer of Ownership of a Hotel-Restaurant type liquor license. Mike Wussow, Esq. appeared as this applicant's attorney. Edwin Zoe, proposed new owner, was sworn in, confirmed premise posting under oath for the required 10 day period, and provided testimony about this transfer of ownership application. Mr. Wussow waived hearing procedure reading on behalf of his client. No ex-parte communications or conflicts of interest were disclosed by BLA members. No third parties requested interested party status and no public comment was given in this matter. Member Tucker moved, McMurray seconded, to approve this transfer of ownership of a hotel-restaurant liquor license application. Motion approved 4:0. 9. Public hearing and consideration of a December 6, 2012 application from Bealucalex LLC d/b/a Pasta Vino, 1043 Pearl Street, Boulder, CO 80302; Fabio Flagiello, CEO and Reg. Manager, Corrado Fasano, CFO, Pietro Simonetti, Member, Darrin Gilman, Member, and Franco Giommoni, Member, with premise business mailing address, for a Permanent Modification to Hotel-Restaurant liquor license. Fabio Flagiello, licensee CEO and registered manager, was sworn in, confirmed premise posting under oath for the required 10 day period, and provided testimony about this permanent modification to add a front patio to a hotel-restaurant liquor licensed premise application and petition results. Ms. Cook noted for the Authority that she had the state application signed at this hearing. Hearing procedures were read. No ex-parte communications or conflicts of interest were disclosed by the Authority members. Member Spalding noted that a few petition signatures should be deleted from consideration because they are out of the designated boundary. No third parties requested interested party status and no public comment was given in this matter. Member Tucker moved, McMurray seconded, to approve this permanent modification to a hotel-restaurant liquor license application. Motion approved 4:0. BLA 2.20.13 Final Minutes Page 4 of 8 10. Public hearing and consideration of a December 7, 2012 application from Chicago America Holding LLC d/b/a BJ's Restaurant & Brewhouse, 1690 28th Street, Boulder, CO 80301; B1's Restaurant Inc, 100% Member, Gregory Levin, Manager, and Gregory Lynds, Manager, with a business mailing address of 7755 Center Avenue, Suite 300, Huntington Beach, CA 92647, for Transfer of Ownership of a Brew Pub type liquor license. Kevin Hidden, restaurant general manager, was sworn in, confirmed premise posting under oath for the required 10 day period, and provided testimony about this transfer of ownership application. Hearing procedures were read. No ex-parte communications or conflicts of interest were disclosed by the Authority members. Mr. Hidden explained to the Authority that this transfer was a reorganization of this company but it would continue to operate as it has been and would continue to have the same ownership and management. No third parties requested interested party status and no public comment was given in this matter. Member Spalding moved, Tucker seconded, to approve this transfer of ownership to a Brew Pub liquor license application. Motion approved 4:0. 11. Public hearing and consideration of a December 11, 2012 application from Merlot Burger LLC d/b/a Merlot Burger, 2900 Baseline Road, Suite B-3, Boulder, CO 80303; Richard Fitzpatrick, Manager, CEO, and 51% Member, Jaime Hanson, Registered Manager, Manager, COO, and 24.5% Member, and Kimber Lee Hollar, Manager and 24.5% Member, with a business mailing address of P.O. Box 17940, Boulder, CO 80308, for New Hotel- Restaurant type liquor license. Brian Proffitt, Esq. appeared as the applicant's attorney. Mr. Proffitt waived the hearing procedures reading on behalf of his client. Mr. Proffitt submitted 2 documents to the BLA members; agenda 11, exhibit 1 was a document from the landlord that changed the suite from B-3 to 3, and agenda 11, exhibit 2 was an updated premise diagram for this location. No ex-parte communications or conflicts of interest were disclosed by BLA members. Kimber Lee Hollar, LLC applicant co-owner, and Jaime Hanson, LLC applicant co-owner and registered manager, were both sworn in, confirmed premise posting under oath for the required 10 day period, and Ms. Hollar provided testimony about this new license application. Carol Johnson with Esquire Petitioning was sworn in and provided testimony about the submitted door to door petition results. Bruce Dierking, building owner in the designated neighborhood and applicant landlord, was sworn in and provided interested party testimony in favor of the approval of this license application. No other third parties requested interested party status and no other public comment was given concerning this application. Member Tucker moved, McMurray seconded, to approve this new hotel-restaurant liquor license application. Motion approved 4:0. BLA 2.20.13 Final Minutes Page 5 of 8 12. Public hearing and consideration of a December 13, 2012 application from Jaipur Indian Restaurant LLC d/b/a Jaipur Indian Restaurant, 1800 Broadway Street, Suite 160, Boulder, CO 80302; Mujibur Ali, LLC Manager, 100% Sole Owner, and Registered Manager, with a premise business mailing address, for New Hotel-Restaurant type liquor license. Steven Barrett, Esq. appeared as the applicant's attorney. Mr. Barrett waived the hearing procedure reading on behalf of his client. Mujibur Ali, applicant owner, was sworn in, confirmed premise posting under oath for the required 10 day period, and Mr. Ali provided testimony about this new hotel-restaurant liquor license application. Max Scott with Oedipus Petitioning, was sworn in, provided testimony about the door to door petition results submitted, and Mr. Scott also confirmed the 10 day posting noting that Mr. Scott had included a photo of the posting for the packet. No ex-parte communications or conflicts of interest were disclosed by BLA members. No third parties requested interested party status and no public comment was given regarding this application. Member Tucker moved, Zessin seconded, to approve this new hotel-restaurant liquor license application. Motion approved 4:0. 13. Matters from the Assistant City Attorney No matters were presented by the assistant city attorney. 14. Matters from the Licensing Clerk: A. Neighborhood boundaries for March 20, 2013 hearing: i) Rio Grande Restaurant- Permanent Modification to a Hotel-Restaurant liquor license at 1101 Walnut Street, Boulder, CO 80302 The Authority discussed the following boundaries: Maxwell to High Street on the North, Arapahoe on the South, 6th Street on the West, and 17th Street on the East. Member Spalding moved, Tucker seconded, to set the boundaries as above described for this application. Motion approved 4:0. ii) Sushi Tora- Permanent Modification to a Beer and Wine liquor license at 201410th Street, Boulder, CO 80302 Ms. Cook requested that the BLA not set these neighborhood boundaries because she was unable to confirm possession of the patio area which was to be added by this modification application. B. Informational items: i) February Special Events and Temporary Modifications BLA 2.20.13 Final Minutes Page 6 of 8 Ms. Cook noted that this monthly list was provided in the Authority packet. ii) Liquor License renewal list for this month Ms. Cook noted that this monthly list was provided in the Authority packet. iii) Information Emails to BLA from John Balliet, TIPS Trainer. Ms. Cook noted that these emails were in the Authority packet. iv) K's China monthly food percentage report. Ms. Cook noted that this monthly email was provided in the Authority packet. This email included a request from the licensee for clarification on license conditions set by the BLA. The Authority members discussed that this licensee may appear at a future BLA hearing under the Clerk matters item if he wishes to discuss this with the Authority. The Authority members also discussed that they would like to have POS back up to confirm the totals, alcohol, and food reports also to be submitted by the licensee. v) Organization discussion of Alcohol amendments and Land Use item from Council meeting on January 19, 2013 The Authority discussed the council meeting that had occurred the night prior to this hearing. The Authority and Ms. Cook and Ms. Llanes discussed that city council was seeking the BLA's comments about alcohol process and enforcement changes proposed to city council. The Authority discussed that this discussion requested by city council should occur in a noticed hearing and that it should occur at the hearing on April 17. At the suggestion of Member Tucker, the Authority discussed the petitioning form and submitted results. 15. Matters from the Chair and Members of the Authority Sandra Llanes and Authority members discussed Ms. Llanes' forwarding case law on the standard for acceptance of fake IDs. The Authority members and Ms. Llanes discussed being fair, well informed, impartial, and professional in their hearing deliberations. ADJOURNMENT Member Tucker moved, Spalding seconded, that this hearing should be adjourned, and the Authority approved the motion 4:0, thus the hearing was adjourned by consent at 6:55PM. TIME AND LOCATION OF FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS: 3rd Wednesday of every Month at 3PM in City Council Chambers for 2013. BLA 2.20.13 Final Minutes Page 7 of 8 Attested: Approved: Mishawn J. Cook, Tax and License Manager Beverage Licensing Authafity Chair BLA 2.20.13 Final Minutes Page 8 of 8