HomeMy WebLinkAbout05.21.14 BLA MinutesLair
DATE OF MEETING:
NAME & PHONE OF PERSON
PREPARING SUMMARY:
CITY OF BOULDER
BEVERAGE LICENSING AUTHORITY
* * * MINUTES * * *
WEDNESDAY, MAY 21, 2014, 3:00 P.M.
CITY COUNCIL CHAMBERS
MUNICIPAL BUILDING — 2 FLOOR
1777 BROADWAY, BOULDER, COLORADO
NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA)
NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT:
2. Matters from the Boulder Police Department (BPD).
May 21, 2014
Mishawn Cook, Licensirkg Manager (303-441-3010)
Kristen Huber, Licensing Specialist (303-441-3034)
Board Members: Steve Wallace, Harriet Barker, Lisa Spalding, and David Timken.
Staff Present: Sandra Llanes, Assistant City Attorney,1Mishawn Cook, Licensing Manager, and
Kristen Huber, Licensing Specialist.
QUASI-JUDICIAL11EETING OUTLINE OF AGENDA
1. Member roll call; Approval of Beverage Licensing Authority (BLA) minutes from April 16, 2014,
and hearing agenda issues from licensing clerk.
Roll call was taken. A quorum of four BLA members were present, with Member McMurray
absent. Member Spalding suggested changes to the draft minutes for April 16, 2014. Member
Barker moved, Timken seconded, to approve the April 16, 2014 minutes as amended. Motion
approved 4:0.
Ms. Cook inquired whether the BLA would like to continue agenda item #5 rt. larding the
Rulemaking Public HearirE to the June BLA hearing since Member McMurray was absent.
Member Wallace stated that this agenda item should be continued to the June hearing.
Officer Carlene Hofmann with BPD provided an enforcement update to the BLA. Officer
Hofmann reported that she scheduled a training session rz.:arding over-service on June 3, 2014.
BLA 05.21.14 FINAL Minutes
P. - of 8
.31
Member Wallace asked Ms. Cook to provide public notice of the training in case BLA members
decided to attend.
3. Matters from the Responsible Hospitality Group.
Mike Absalom provided an update to the BLA on behalf of the Responsible Hospitality
Group.
4. Rotating Monthly Presentation concerning alcohol: Donald A. Misch, M.D., Senior
Assistant Vice Chancellor for Health and Wellness, Director, Wardenburg Health Center.
Dr. Misch presented a power point regarding alcohol abuse. A copy of the presentation was
entered as Exhibit 1.
5. BLA Rulemaking public hearing concerning penalty schedule review with consideration of
administrative violations vs. public health and safety violations, mitigating and
aggravating factors discussion, and acceptance of fines in lieu of suspension days.
Member Spalding entered a document titled "Over-Service Cases" as Exhibit 1. This agenda
item was continued to the June hearing.
6. Show cause continued hearing concerning a February 9, 2014 violation and whether the
Hotel-Restaurant type liquor license held by R&F Corp d/b/a Cosmo's Pizza, 1325
Broadway, Unit 108, Boulder, CO 80303, should be suspended or revoked.
Adam Stapen appeared as licensee's attorney. Ryan Shorter, restaurant owner, was sworn in
and provided testimony regarding mitigating evidence. Hearing procedures were waived. No
BLA members disclosed ex-parte communications or conflicts of interest.
Janet Michels, Assistant City Attorney, stated that a stipulation to the facts in this matter had
been reached. The signed stipulation was entered as Exhibit 1. Member Barker moved,
Spalding seconded, to accept the stipulatiori to the facts. Motion approved 4:0.
The BLA noted some mitigating and aggravating factors. Member Barker moved, Spalding
seconded, to set this violation penalty at 5 suspension days served with 9 days held in
abeyance. Motion approved 3:1 with Member Timken opposed.
The licensee requested to serve the 5 suspension dates from June 7 to June 11, 2014.
Member Barker moved, Spalding seconded, to accept the requested 5 suspension dates
from June 7 to June 11, 2014. Motion approved 4:0.
7. Show cause continued hearing concerning a February 9, 2014 violation and whether the
Tavern type liquor license held by Austin & Ambrose LLC d/b/a Press Play, 1005 Pearl
Street, Boulder, CO 80302, should be suspended or revoked.
Joaquin Padilla appeared as licensee's attorney. Mr. Padilla stated that he would have five
witnesses: Michael Boselli, co-owner, Jessie Gossett, co-owner, and Carl Oskarsson, Akemi
BLA 05.21.14 FINAL Minutes
Page 2 of 8
Glasscock, and Linda Crane. Ms. Cook then served subpoenas to Mr. Oskarsson and Ms.
Glasscock since the process server was unable to serve them before the hearing. All of the
licensee's witnesses were sworn in.
Ms. Michels stated that she would have seven witnesses: Steve Faber, BPD Detective with
BPD, Daniel Bergh, police officer with BPD, Ian Compton, police officer with BPD,
Dunne, Investigator with Colorado State Liquor and Tobacco Enforcement, Chelsea Rosipajla,
Investigator with Colorado State Liquor and Tobacco Enforcement, Kelly Haralson,
Investigator with Colorado State Liquor and Tobacco Enforcement, and Carlene Hofmann,
alcohol enforcement officer with BPD. All of the BPD's witnesses were sworn in.
Hearing procedures were waived. No BLA members disclosed ex-parte communications or
conflicts of interest. The affidavit of service and subpoena for Ms. Crane and the affidavits of
non-service for Ms. Glasscock, Mr. Oskarsson, and Joel Figueroa were entered as Exhibit 1.
Ms. Cook stated that Ms. Michels requested sequestration of the witnesses. The witnesses
were sequestered to the lobby of the Municipal Building.
Investigator Haralson was sworn in and provided testimony about the violation.
•
Officer Bergh was sworn in and provided testimony about the violation.
Member Wallace moved, Spalding seconded, to schedule a special hearing to continue this
agenda item. Motion approved 4:0. Member Barker moved, Spalding seconded, to schedule
the special hearing for continuation of this matter on June 5, 2014 at 9:30 AM.
~
B. Public Hearing and Consideration of whether there is good cause for a non-renewal of a
March 18, 2014 non-administrative renewal application from 3 Margaritas XXX, Inc d/b/a
3 Margaritas XXX, 3390 28th St, Boulder, CO 80301; Gustavo Morales, President, and Jose
Luis Gordivas, Vice President and Registered Manager; with a premise business mailing
address, for a renewal of a Hotel-Restaurant type liquor license.
Erika Kaiser appeared as the licensee's attorney. Jose Luis Gordivas, Vice President and
Registered Manager, was sworn in and confirmed the ten day premise posting under oath.
Hearing procedures were waived. No BLA members disclosed ex-parte communications or
conflicts of interest. Mr. Gordivas provided testimony that the licensee is now purchasing all
liquor from a wholesaler. Ms. Cook noted that the sales tax area would now approve this
license renewal.
Member Barker moved, Timken seconded, to approve this renewal application for a Hotel-
Restaurant type liquor license. Motion approved 4:0.
9. Public Hearing and Consideration of whether there is good cause for a non-renewal of a
March 19, 2014 renewal application from Native Foods Boulder LLC d/b/a Native Foods
Cafe, 1675 29th St., Suite 1272, Boulder, CO 80301; Daniel Dolan, Owner, and Ashleigh
0LAO52l.l4 FINAL Minutes
Page 3 of 8
Siefker, Registered Manager; with a business mailing address of 500 N Dearborn, Unit
1000, Chicago, IL 60654, for a renewal of a Hotel-Restaurant type liquor license.
Adam Stapen appeared as the licensee's attorney. Jesse Marshall, Vice President, was sworn
in and confirmed the ten day premise posting under oath. Hearing procedures were waived.
No BLA members disclosed ex-parte communications or conflicts of interest. No third parties
requested interested party status and no public comments were received. Mr. Stapen
provided comment regarding the late filed renewal.
Member Spalding moved, Timken seconded, to approve this renewal application for a Hotel-
Restaurant type liquor license. Motion approved 4:0.
10. Public Hearing and Consideration of whether there is good cause for a non-renewal of a
March 20, 2014 renewal application from PDQ Development, Inc d/b/a PDQ Gas and Food,
5200 Manhattan Circle, Boulder, CO 80303; Jeffrey Jacobsen, President, Director, and
Owner, and Jerry Archer, VP, Secretary, and Director, with a premise business mailing
address, for a renewal of a 3.2% Beer Off Premise type liquor license.
Richard Gundersen, manager, was sworn in and confirmed the ten day premise postin,g
under oath. Hearing procedures were read. No BLA members disclosed ex-parte
communications or conflicts of interest. No third parties requested interested party status
and no public comments were received.
Officer Hofmann was sworn in and provided testimony regarding her request for non-
administrative renewal. Mr. Gunderson provided testimony regarding his inactive liquor
license.
Mr. Gunderson requested to continue this agenda item to the June hearing.
Member Spalding moved, Timken seconded, to continue this agenda item to June hearing.
11. Public Hearing and Consideration of whether there is good cause for a non-renewal of an
April 8, 2014 renewal application from Natarelli Turner, LLC d/b/a Absinthe House, 1109
Walnut Street, Boulder, CO 80302; Alfonso Natarelli, 100% Member, Erika Turner, Current
Registered Manager, and Claudio Natarelli, Proposed Registered 'Manager; with a premise
business mailing address, for a renewal of a Tavern type liquor license.
Alfonso Natarelli, Owner, and Claudio Natarelli, proposed Registered Manager, were sworn
in and confirmed the ten day premise posting under oath. Hearing procedures were waived.
No BLA members disclosed ex-parte communications or conflicts of interest. No third parties
requested interested party status and no public comments were received.
Alfonso Natarelli provided testimony regarding the sales tax issue and that he is now 100%
owner of this location. Ms. Cook noted that the sales tax area would now approve this
license renewal. Claudio Natarelli provided testimony regarding his experience in the
restaurant industry.
BLA 05.21.14 FINAL Minutes
Page 4 of 8
Member Timken moved, Barker seconded, to approve this renewal application for a Tavern
type liquor license. Motion approved 4:0.
12. Public hearing of a March 11, 2014 application from Rallysport LLC d/b/a Rallysport Health
and Fitness Club, 2727 29th Street, Boulder, CO 80301; Erin Carson, Managing Member,
Melissa Lindamood, Managing Member, David Wilson, Member, Matt McConnell,
Member, and Mary Jean O'Hair, Member, with no other members holdi over a 10%
Interest; with a premise business mailing address, for a transfer of a Beer and Wine type
liquor license.
Erin Carson, Managing Member, and Melissa Lindamood, Managing Member, were sworn in
and confirmed the ten day premise posting under oath. Hearing procedures were waived.
No BLA members disclosed ex-parte communications or conflicts of interest. No third parties
requested interested party status and no public comments were received.
Ms. Lindamood and Ms. Carson provided testimony regarding their transfer application.
Member Spalding moved, Barker seconded, to approve this transfer application for a Beer
and Wine type liquor license. Motion approved 4:0.
13. Public hearing of a March 11, 2014 application from Sforno Restaurant Concepts LLC d/b/a
Sforno Trattoria Romana, 1308 Pearl St, Boulder, CO 80302; Leslie Young, Managing
Member, Elodie Lisle, Member and Registered Manager, and Kenneth Budde, Member;
with a premise business mailing address, for a transfer of a Hotel-Restaurant type liquor
license.
Leslie Young, Managing Member, was sworn in and confirmed the ten day premise posting
under oath. Hearing procedures were waived. No BLA members disclosed ex-parte
communications or conflicts of interest. No third parties requested interested party status
and no public comments were received.
Ms. Young provided testimony regarding the transfer application.
Member Barker moved, Timken seconded, to approve this transfer application for a Hotel-
Restaurant type liquor license. Motion approved 4:0.
14. Public hearing of a March 17, 2014 application from 4479 Restaurants, Inc d/b/a 4479
Restaurant, 4479 N. Broadway, Boulder, CO 80304; John Fertitta, President and Treasurer,
and Harjinder Gill, Vice President, Secretary, and Registered Manager; with a premise
business mailirvg address, for a new Hotel-Restaurant type liquor license.
Diane Goldenstein appeared as the licensee's attorney. Harjinder Gill, Vice President,
Secretary, and Registered Manmer, was sworn in and confirmed the ten day premise posting
under oath. Hearing procedures were waived. No BLA members disclosed ex-parte
communications or conflicts of interest. No third parties requested interested party status
and no public comments were received.
BLA 05.21.14 FINAL Minutes
Page 5 of 8
�
Mr. Gill provided testimony regarding this liquor license application for a new restaurant.
Ron Gallegos was sworn in and provided testimony r
desires petition results.
Member Barker moved, Timken seconded, to approve this application for a Hotel-
Restaurant
15. Matters from the Assistant City Attorney:
SandraUaneo Assistant City Attorney, requested that the June 18, 2014 hearing be moved
to another date due to a scheduling conflict with the assigned city attorneys. Member
Wallace directed Ms. Cook to reschedule the hearing on Tuesday, June 24, 2014 at 3:00 PM.
16. Matters from the Licensing Clerk:
•
A. Neighborhood boundaries for June 24, 2014 hearing:
arding the submitted needs and
i) CCRC Inc. d/b/a Agave Mexico Bistro & Tequila House- Permanent Modification to
a Hotel-Restaurant type liquor license at 2845 28th Street, Boulder, CO 80301
The following neghborhomd boundaries were discussed: iris Avenue on the North,
Wainut Street on the South, Foothills Parkway on the East, and Folsom Street on the
West. Member Spalding moved, Barker seconded, to set the neighborhood
boundaries for this appiication as above described. Motion approved 4:0.
ii) Verde No. 1 Limited Partnership L.L.L.P. d/b/a Verde — New Hotel-Restaurant type
liquor license at 3070 28th Street, Unit B, Boulder, CO 80301
•
The following neighborhood boundaries were discussed: Ka|nnia Avenue on the
--~�
North, Pearl Street on the South, Foothills ParK the East, and Folsom St.��t on
the West. Member Wallace moved, Barker seconded, to set the neighborhood
boundaries for this application as above described. Motion approved 4:0.
B. Informational items:
i) Directives from BLA Annual Retreat on April 29, 2014
Member Barker directed Ms. Cook to make several changes to the BLAAnnua| Retreat
notes.
ii) May Special Speciai Events and Temporary Modifications
This materiai was stated to be in the hearing packet.
iii) May Liquor License renewal mailing list
8LA06.21.14 FINAL Minutes
Page 6 of 8
•
Attested0
This mateal was stated to be in the hearing packet.
8�
iv) 2013 Report of Enforcement Violations published by Liquor & Tobacco Enforcement
Division of the Colorado Department of Revenir
Ms. Cook stated that an email containing a link to the report was inc|died in the packet.
v) "Serving Vigibly Intoxicated People Tigining" to be held by Officer Cadre Hofmann on
June 3, 2014
•
~
This material was stated to be in the hearing packet. Ms. Cook noted that invitations to
the training were mailed to all liquor licensees in Boulder.
In additlin to the agenda items above, Ms. Cook alsoaddressIrl the following topics:
1. Family Learning Center special event liquor permit
2. Trattoria on Pearl recent closure
3. Illegal Pete's move to Abo's Pizza on the Hill location
4. Catacombs construction to change to License No. 1
5. K's China transfer to landlord
17. Matters from the Chair and Members of the Authority
Member Spalding suggested that Ms. Cook contact the head of1M present at a
future BLA hearing.
ADJOURNMENT
Member Spaldin,g moved, Barker smonded, to adjourn the meeting. Motion oproved 41, thus
the hearing was adjourned at fti1 p.m.
l0MM AND LOCATION OF FUTURE MEETINGS, COMMITTEES ORIPECIAL HEA
ay of every Month at 3P1V1 in City Council Chambers for 2014.
wn J. Cocik, - x an nager
n
•
Approved:
Bever
x
BLA 05.21.14 FINAL Minutes
Page 7 of 8
•
u
6!
� r n
BLAO52114 FINAL Minutes
Page 8 of 8