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88.19.15 BLA MinutesMember roll call; approval • BLA minutes from July 15, 2015 hearing; and hearing agenda issues from licensing clerk. all call was taken. A quorum of four BLA members attended with Member Timken absent. Member Barker moved, Member Spalding seconded, to approve the July 15, 2015 minutes. Motion approved 4:0. Officer Daniel Bergh appeared on behalf of the BPD and discussed the last drink summary report included in the BLA packet. Member Spalding requested a list of compliance checks conducted by the BPD. MUM The RHG did not attend the hearing. The RHG meeting agenda for August 5, 2015 and an example of an alcohol policy were entered as Agenda Item 3, Exhibit 1. 4. Presentation by Camilo Casas, Coordinator of Men Standing Up, MESA's Boulder B Bystander Intervention Training. I Mr. Casas presented to the BLA regarding MESA Boulder Bar Bystander Intervention training. A brochure for MESA was entered as Agenda Item 4, Exhibit 1. �I 6. Public hearing for a Special Event Liquor Permit application filed on August 6, 2015 by Secret Garden Cultural Plaza Inc., a Colorado non-profit, for a Permaculture Event • Saturday September 5 and Sunday September 6, 2015; Ed Jabari, Founder/CEO, with a business mailing address of 4705 Broadway Street, Boulder, CO 80304. Edward Jabari was sworn in and confirmed the ten day premise posting under oath. Hearing procedures were not read. No BLA members disclosed ex-parte communications or conflicts -*f interest. Mr. Jabari provided testimony regarding the special event liquor permit application. A letter from Mr. Jabari was entered as Agenda Item 6, Exhibit 1. Member Califano moved, Member Barker seconded, to approve this special event liquor ,termit application with a condition that the applicant must receive zoning approval by 4:01 v.m. on Friday, September 4, 2015. Motion approved 3:1 with Member Spalding opposed. 7. Public hearing and consideration of whether there is good cause for non-renewal of a June 8, 2015 application from Dillon Companies, Inc. d/b/a King Soopers 28, 6550 Lookout Road, Boulder, CO 80301; The Kroger Company, Owner, David Dillon, President, Paul Heldman, Vice President and Assistant Secretary, Frank Remar, Vice President and A Treasurer, and Russell Dispense, Vice President, with a business mailing address of PO Box 305103, Nashville, TN 37230, for non-administrative renewal of a 3.2% Beer Off-Premise type liquor license. Adam Stapen appeared as the licensee's attorney. Barb Osness, Property Manager, and Dann Kohl, 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. Ms. Osness and Mr. Kohl provided testimony regarding miti@atirTg evidence. Member Barker noted that the lease expiration date on the state renewal form was incorrect. Member Spalding moved, Member Barker seconded, to approve this application for renewal of a 3.2% Beer Off-Premise type liquor license and remove the condition of non- administrative renewal for 2016. Motion approved 4:0. This Agenda Item was heard after Agenda Item 15.A. The licensee did not appear for the hearing. Member Califano moved, Member Spalding seconded, to continue this agenda item to the September 16, 2015 hearing. Motion approved 4:0. 9. Public hearing and continued consideration of an April 21, 2015 application from Voss Home, LLC d/b/a Voss Art & Home, 1537 Pearl Street, Boulder, CO 80302; GregDry Voss, Owner, Manager, and Member, and Sondra Voss, Manager and Member; with a business mailing address at 1196 Hickory Way, Erie, CO 80516, for a new Art Gallery Permit type liquor license. Sondra Voss, Manager and 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 interestel;I party status and no public comments were received. Ms. Voss provided testimony regarding the Art Gallery Permit application. An email from Michele Lamb was entered as Agenda Item 9, Exhibit 1. The Neighborhood Needs & Desire� Petition Summary and Affidavit of Circulator were enteredps Agenda Item 9, Exhibit 2. Member Spalding moved, Member Califano seconded, to approve this application for an Arl Gallery Permit type liquor license with a condition of non-administrative renewal. -10otion 2pproved 4:0. Page 3 of 8 w W. Public hearing and consideration of a May 19, 2015 application from Zythos Restaurant Group, LLC d/b/a Zythos, 1320 College Avenue, Boulder, CO 80302; Konstantinos Korres, Owner and Registered Manager, with a premise business mailing address, for a transfer of a Hotel-Restaurant type liquor license. Fern O'Brien appeared as the licensee's attorney. Konstantinos Korres, Owner 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. No third parties requested interested party status and no public comments were received. Mr. Korres provided testimony regarding the transfer application. A copy of the Zoning/Plannin,g Confirmation Form and the Administrative Review Disposition were entered as Agenda Item 10, Exhibit 1. a Hotel-Restaurant type liquor license. Motion approved 4:0. 11. Public hearing and consideration of a May 29, 2015 application from Apro, LLC d/b/a My Goods Market #6510, 3000 28th Street, Boulder, CO 80301; CF United, LLC, Owner and Member, Joseph Juliano, President and CEO, Kenneth Strong, COO, and Mary Baker, Mana.li;6; with a business mailing address of 17311 S. Main Street, Gardena, CA 90248, for a transfer of a 3.2% Beer Off-Premise type liquor license. Adam Stapen appeared as the licensee's attorney. Keith John, Regional 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. No third parties requested interested party status and no public comments were received. 4 Mr. Stapen requested that the BLA accept Administrative Notice to combine the testimony presented for this Agenda Item with Agenda Item 12. 12. Public hearing and consideration of a May 29, 2015 application from Apro, LLC d/b/a My Goods Market #6505, 3375 28th Street, Boulder, CO 80301; CF United, LLC, Owner and Member, Joseph Juliano, President and CEO, Kenneth Strong, COO, and Mary Baker, Manager; with a business mailing address of 17311 S. Main Street, Gardena, CA 90248, for a transfer of a 3.2% Beer Off-Premise type liquor license. Adam Stapen appeared as the licensee's attorney. Keith John, Regional RAanager, remained 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. fflzffim�� Brian Proffitt appeared as the licensee's attorney. Andrea Mouclakis, Regional Director, and Carol Johnson, petitioner with Esquire Petitioning Services, were sworn in and confirmed the ten ' cremise Yostinjr. under oath. HearirW,�,:roceclures 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. Mouclakis provided testimony regarding the liquor license application. Ms. Johnson provided testimony regarding the neighborhood petition results. Member Califano moved, Member Barker seconded, to approve this application for a new Beer and Wine type liquor license. Motion approved 4:0. sm7im An email from Kristen Huber regarding BLA hearing exhibits was entered as Agenda Item 15, Exhibit 1. i) The Dairy Center for the Arts d/b/a The Dairy Center for the Arts — Permanent Modification of an Arts type liquor license at 2S90 Walnut Street, Boulder, CO 80302 Page 5 ofe ii) Coffee House Holdings, Inc. d/b/a Starbucks 21402 — New Beer and Wi type liquor license at 1352 College Avenue, Boulder, CO 80302 1 9323200M j iii) Coffee House Holdings, Inc. d/b/a Starbucks 246 — New Beer and Wine type liquor license at 3033 Arapahoe Road, Boulder, CO 80303 The following neighborhood boundaries were discussed: Pearl Street on t North, Colorado Avenue on the South, 55 Street on the East, and Folso Street on the West. Chair Wallace moved, Member Barker 'Seconded, to s I the neighborhood boundaries for this application as described abov Motion approved 4:0. iv) City of Boulder d/b/a City of Boulder — Boulder Public Library — New Ar, I type liquor license at 1001 Arapahoe Avenue, Boulder, CO 80302 The following neighborhood boundaries were discussed: Mapleton Aven on the North, College Avenue on the South, 20 Street on the East, and Street on the West. Chair Wallace moved, Member Barker seconded, to s the neighborhood boundaries for this application as described abov Motion approved 4:0. v) Mandala Infusion, LLC d/b/a Uandala Infusion — New Hotel-Restaura type liquor license at 4479 N. Broadway, Boulder, CO 80304 1 th on the 'North, Linden Avenue Extended on the South,�"28 S7treet to" _ Highway 36 on the East, and Boulder city limits on the West. Memb Califano moved, Member Barker seconded, to set the neighborlho boundaries for this application as described above. Motion approved 4:0. vi) Conor O'Neill's of Boulder, LLC d/b/a Conor O'Neill's — Permanent Modification of a Hotel-Restaurant type liquor license at 1922 13th Street, Boulder, CO 80302 The following neighborhood boundaries were discussed: Maxwell Avenue Extended on the North, Marine Street Extended on the South, 17 th Street Page 6 of 8 on the East, and /° Street on the West. Chair Wallace moved, Spaldi se conded, to set the neighborhood boundaries for this application described above. Motion approved 40. 1 ii) August Liquor License renewal mailing list iii) Corrected Stipulation and Agreement from July 15th BLA hearing f Vishnu, Inc. d/b/a Taj Indian Cuisine I iv) Inspection Report from state Liquor Enforcement Division for Maio L d/b/a B Town I V) Stipulation, Agreement, and Order from state Liquor Enforcement Division for Pei Wei Asian Diner, Inc. d/b/a Pei Wei Asian Diner vi) Letter from state Liquor Enforcement Division to Royal Clay Oven, in d/b/a Royal Clay Oven regarding an inspection i Page 7 of I Flyer for andards for Sellers and Servers of Alcohol Beverages" training class on September 17, 2015 This material was stated to be in the hearing packet. Ms. Lamb noted that 75 people had signed up for the trfining class. 10 Proposed non-substantive changes to Nty of Moulder DIIA Penalty S6edule This material was stated to be in the hearing packet. Chlir Wallace and Wmber Barker provided feedback regarding the penalty schedule chart, Z= pf" ,Wmber Barker moved, Member Califano seconded, to adjourn the meeting. Pootion approvei- 4:0, thus the hearing was adjourned at 6:04 p.m. uu! F= G Tgerrey -me iif •