HomeMy WebLinkAbout01.18.17 BLA MinutesCITY OF BOULDER
BEVERAGE LICENSING AUTHORITY
***MINUTES***
WEDNESDAY, JANUARY 18,2016,3:00 P.M.
CITY COUNCIL CHAMBERS
MUNICIPAL BUILDING — 2ND FLOOR
1777 BROADWAY, BOULDER, COLORADO
NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA)
DATE OF MEETING: January 18, 2017
NAME & PHONE OF PERSON Mishawn Cook, License Administrator (303-441-3010)
PREPARING SUMMARY: Beata Mazurkiewicz, Licensing Specialist (303-441-3091)
NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT:
Board Members: Alyssa Lundgren, Lisa Spalding, David Timken, Steve Wallace, and Matthew
Califano
Staff Present: Carey Markel, Assistant City Attorney, Mishawn Cook, License Administrator,
Beata Mazurkiewicz, Licensing Specialist, and Kristen Teague, Licensing Specialist
1. Administrative Board Matters
i) Member Roll Call
Roll call was taken. A quorum of five BLA members attended.
ii) Approval of BLA minutes from December 14, 2016
Member Spalding moved, Timken seconded, to approve the December 14, 2016
minutes. Motion approved 5:0.
iii) Hearing agenda issues from licensing clerk
Mishawn Cook noted that Noodles & Company 146 would request a hearing
continuance for Agenda Item 5.
No other changes to the agenda or order of the items was noted for the Authority.
BLA 01.18.17 FINAL Minutes
Page 1 of 7
2. Matters from the Boulder Police Department (BPD).
Officer Daniel Bergh appeared on behalf of the BPD and discussed the Last Drink Data Reports
for December 2016. Officer Bergh noted that the Last Drink Summary should be amended
and for the second DUI entry for Sundown Saloon possibly there were also drugs involved.
Officer Bergh also noted that he will do more bar checks in the next several weeks.
3. Matters from the Responsible Hospitality Group (RHG).
No matters were discussed. An email from Michael Absalom to Beata Mazurkiewicz about
RHG actions was entered as Agenda Item 3, Exhibit 1.
4. Discussion session for Beverage Licensing Authority members to provide by quorum Board
Input about supply of monthly BLA hearing packets by electronic means.
Ms. Cook and the BLA Members discussed the monthly BLA hearing packets being supplied
by electronic means. The BLA Members agreed to receive the monthly BLA hearing packets
via electronic means and decided to bring their own electronic devices to the hearings
starting in February, 2017.
5. Show cause hearing concerning an October 14, 2016 violation and whether the Hotel -
Restaurant type liquor license held by The Noodle Shop Co - Colorado, Inc d/b/a Noodles &
Company 146, 1600 28th Street, Suite 1208, Boulder, CO 80301, should be suspended or
revoked.
Kim DeLuca, appeared as the licensee's attorney and requested a continuance of this Agenda
Item to next month's hearing. Ms. Cook noted that the city licensing did not receive the green
card for the certified mailing, and that Ms. DeLuca was not aware of the show cause hearing
scheduled for January 18, 2017, and that she was aware of the renewal item for agenda item
6 only.
Member Califano moved, Timken seconded, to continue this agenda item to the BLA hearing
on February 15, 2017. Motion approved 5:0.
6. Public hearing and consideration of an October 25, 2016 application from The Noodle Shop
Co - Colorado, Inc d/b/a Noodles & Company -146, 1600 28th Street, Suite 1208, Boulder,
CO 80301; TNSC, Inc., 100% owner with Keith Kinsey, President, Paul Strasen, Vice
President, Ryan Peterson, Registered Manager; with a business mailing address of 520 Zang
St, Suite D, Broomfield, CO 80021, for a renewal of a Hotel -Restaurant type liquor license.
Kim DeLuca, appeared as the licensee's attorney. The Beverage Licensing Authority
determined that the renewal hearing should also be continued to the BLA hearing on February
15, 2017.
BLA 01.18.17 FINAL Minutes
Page 2 of 7
Member Timken moved, Spalding seconded, to continue this agenda item to the BLA hearing
on February 15, 2017. Motion approved 5:0.
7. Public hearing and consideration of a November 17, 2016 application from Yarakasu LLC
d/b/a Tasuki, 1575 Folsom Street, Boulder, CO 80302; Tsukasa Hibino, Managing Member,
and Takashi Saito, Manager of Record; with a business mailing address of 7980 Niwot Rd,
Longmont, CO, 80503, for a renewal of a Beer and Wine type liquor license.
Tsukasa Hibino, Managing Member, was sworn in and confirmed the ten-day premise posting
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.
Mr. Hibino provided testimony regarding the renewal application.
The Beverage Licensing Authority (BLA) noted that the licensee had remedied many of the
items in the original hearing letter but that alcohol service training remains outstanding and
that evidence of training that serves as confirmation, such as an email from the class trainer,
is still required.
Member Lundgren moved, Califano seconded, to continue this Agenda Item to the BLA
hearing on February 15, 2017, requesting that proof of training be submitted to licensing
office before the BLA hearing on February 15, 2017. Motion approved 5:0
8. Public hearing and consideration of a December 5, 2016 application from Wonder Press
Pearl LLC d/b/a Wonder Press, 946 Pearl Street, Boulder, CO 80302; Tincup LLC, Owner, with
Cecily Runge, Managing Member and Manager, Brooke Jordan, Managing Member, Robyn
Reed, Managing Member, High Beam Holdings LLC, Member, with Presley Reed, Manager,
and with Freshy Fresh LLC, Member, with Dave Query, Manager; with a premise business
mailing address, for a renewal of a Beer and Wine type liquor license.
Mark Burkley, CEO, and Brooke Jordan, 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.
Mr. Burkley and Ms. Jordan provided testimony regarding the renewal application.
Member Spalding moved, Califano seconded, to approve this renewal application for a Beer
and Wine type liquor license. Motion approved 5:0
9. Public hearing and continued consideration of a September 14, 2016 application from
Lucky's Market Operating Company, LLC d/b/a Lucky's Market, 695 S Broadway, Boulder, CO
80305; Lucky's Market Operating Company LLC [LMOC] as LLC Applicant with Lucky's Market
Parent Company LLC [LMPC] as 1St underlying sole owner, and with The Kroger Co [Kroger]
and Lucky's Founders Holding LLC [LFH] as 2nd underlying co-owners, and with Jason Sharon
BLA 01.18.17 FINAL Minutes
Page 3 of 7
and PG Holdings LLC [PGH] as co-owners of LFH; Jason Sharon as Managing Member of
LMOC and CEO of LMPC, Andy Pillari, CFO of LMPC, Russell Dispense, Monica Garnes, and
J. Michael Schlotman as appointed representatives of publicly traded company Kroger,
Patrick Gilliland as majority owner and managing member of PGH, and with Tim Overlie as
Regional Manager of LMOC; with a business mailing address of 6328 Monarch Park Place,
Suite 100, Niwot, CO 80503, for a new 3.2% Beer On Premise type liquor license.
Ms. Cook noted to the Beverage Licensing Authority that this application for a new 3.2% Beer
On Premise type liquor license was withdrawn, amended, and resubmitted on November 30,
2016.
Brian Proffitt appeared as the licensee's attorney. Tim Overlie, Regional Manager, Henry
Kugler, Store Manager, and Tina Scott, petitioner with Oedipus, Inc., were sworn in and
confirmed the ten -day premise posting under oath. Hearing procedures were waived by Mr.
Proffitt. 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. Proffitt noted that the applicant originally applied for a new 3.2% Beer On and Off Premise
type liquor license, and because of some concerns of the members of the neighborhood, the
applicant has addressed those concerns and decided to apply for a new 3.2% Beer On Premise
only liquor license.
Ms. Scott provided testimony regarding the neighborhood petition results.
Mr. Overlie provided testimony regarding this new 3.2% Beer On Premise type liquor license
application.
Chair Wallace moved, Lundgren seconded, to approve this application for a New 3.2% Beer
On Premise type liquor license, with a condition of a non -administrative renewal of this
license. Motion approved 4: 1, with Member Timken opposed.
10. Public hearing and consideration of a November 10, 2016 application from Ali Baba Boulder,
Inc. d/b/a Ali Baba Grill, 3033 28th Street, Boulder, CO 80301; Mahmoud Dukmak, Owner,
Fayad Aoutabachi, Owner, Aswad Fadi, Owner, Hasan Aoutabachi, Manager; with a premise
business mailing address, for a transfer of a Beer and Wine type liquor license.
Mahmoud Dukmak, Owner, and Hasan Aoutabachi, Manager, were sworn in and confirmed
the ten-day premise posting 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.
Mr. Dukmak and Mr. Aoutabachi provided testimony regarding the transfer application.
BLA 01.18.17 FINAL Minutes
Page 4 of 7
The premise diagram was amended to indicate the location for Books and Records. The State
liquor license application was amended to reflect the correct lease expiration date, and
questions # 19 and 20 were also corrected.
Member Califano moved, Timken seconded, to approve this application for a transfer of a
Beer and Wine type liquor license as amended with the updated diagram. Motion approved
5:0.
11. Public hearing and consideration of a November 14, 2016 application from Bittersweet Cafe
LLC d/b/a Bittersweet Cafe, 5385 Gunbarrel Center Court, Boulder, CO 80301; Michael
Boselli, Member and Registered Manager, Patrick Walsh, Member, Don Anthony Boselli,
Member; with a premise business mailing address, for a new Hotel -Restaurant type liquor
license.
Michael Boselli, Member and Registered Manager, Patrick Walsh, Member, and Carol
Johnson, petitioner with Esquire Petitioning Services, were sworn in and confirmed the ten
day premise posting 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.
Ms. Johnson provided testimony regarding the neighborhood petition results. Mr. Boselli and
Mr. Walsh provided testimony regarding this new Hotel -Restaurant type liquor license
application.
Mr. Walsh addressed questions related to his background check results and other licenses
held previously.
Member Califano moved, Lundgren seconded, to approve this application for a new Hotel -
Restaurant type liquor license. Motion approved 5:0.
12. Matters from the Assistant City Attorney
Rulemaking and Discussion session for Beverage Licensing Authority members to provide
by quorum Board Input about upcoming amendments to Boulder Revised Code for fees,
taxes, and issuance of Lodging and Entertainment, Vintner's Restaurant, Distillery Pub, and
Resort Complex licenses, communication with current Tavern licensees, and amendment of
BLA Rules of Procedure to allow appointing of a board chair for a single hearing as needed.
A 3.2% Beer Off Premise Liquor Licenses Map and a list of 3.2% Beer Off Premise Liquor
Licenses issued was entered as Agenda Item 12, Exhibit 1, to inform discussion about seeing
changes to 3.2% Beer locations as changes to operational characteristics and so permanent
modifications when full strength beer conversions are made.
BLA 01.18.17 FINAL Minutes
Page 5 of 7
Carey Markel, Assistant City Attorney, Ms. Cook, and Authority Members discussed the
upcoming amendments to Boulder Revised Code, BLA Rules of Procedure, and other
administrative changes to be heard by City Council.
13. Matters from the Licensing Clerk
a. Neighborhood boundary setting for applications for January 18, 2017 BLA
hearing
i. Kbc Cycling LLC d/b/a Full Cycle - New Beer and Wine type liquor license
at 1795 Pearl Street, Boulder, CO 80302
The following neighborhood boundaries were discussed: Maxwell to High to
Sunset to Bluff on the North, Canyon on the South, Folsom on the East, and
9th Street on the West. Chair Wallace moved, Timken seconded, to set the
neighborhood boundaries for this application as described above. Motion
approved 5:0.
b. Breweries. Wineries, and Distilleries requests for local licensing authoritv input
on Application for Colorado Liquor Sales Room — None this month
No matters were discussed.
c. Informational items
i. The Riverside Group Ltd d/b/a Riverside, 1724 Broadway Street, Boulder,
CO 80302 - Monthly status renewal report to BLA
Ms. Cook noted for the Authority that sales tax would approve this license
renewal if submitted at this time; however, the Riverside liquor license
expired on 12/6/2016, the licensing office has not received the liquor
license renewal application yet. Ms. Cook has contacted the licensee
regarding this matter to let them know that they will need to submit their
liquor license renewal application, then undergo a renewal hearing in order
to renew the liquor license, and that they currently have an expired license
so they may not sell or serve alcohol at that location. Ms. Cook also noted
that she will ask Officer Bergh with BPI) to inspect the premises to make
sure there is no alcohol onsite.
ii. 13th Street The Hill, LLC d/b/a Taco Junky, 1149 131h Street, Boulder, CO
80302 - Monthly status renewal report to BLA
BLA 01.18.17 FINAL Minutes
Page 6 of 7
Ms. Cook noted for the Authority that sales tax would approve this license
renewal if submitted at this time.
iii. January Special Events and Temporary Modifications
This summary list was advised to be in the hearing packet.
iv. January Liquor License renewal mailing lists
This summary list was advised to be in the hearing packet.
v. City Licensing's summary of BLA's input to City Council for 2017 Goals and
Changes
Ms. Cook noted that the Summary of BLA discussion to the City Council was
included in the packet.
Ms. Cook noted that the last exhibit for the packet which was entered as Agenda
Item 13, Exhibit 1 is the email from Austin Ladd to BLA Members and to Carey
Markel and the clarifying email from Carey Markel to Austin Ladd regarding
Boulder House violations. Ms. Cook also noted that Officer Bergh is investigating
this matter.
14. Matters from the Chair and Members of the Authority
Member Spalding inquired about petitioning issues, and about the Stiegelmeyer article. Ms. Cook
commented that she will provide Member Spalding with the article materials.
Ms. Cook also noted that Ms. Kristen Teague, Licensing Specialist, offered to inquire with other
Colorado municipalities about a 3.2% Beer On Premise type liquor license.
ADJOURNMENT
Member Spalding moved, seconded by Timken, to adjourn the meeting. Motion approved 5:0,
thus the hearing was adjourned at 6:24 p.m.
TIME AND LOCATION OF FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS:
3rd Wednesday of every Month at 3PM in City Council Chambers for 2017.
Attested:
Mishawn J. Cook, License Administrator
Appro d;
Chair of Beverage Licensing Authority
BLA 01.18.17 FINAL Minutes
Page 7 of 7