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Minutes - Beverage Licensing - 1/21/2004CITY OF BOULD~R BEV~RAGES LICENSING AUTHORITY * * * MINUT~S * ~ ~ WEDNESDAY, JANUARY 21, 2004,1:00 P.M. BOULDER CITY COUNCIL CHAMBERS MUNICIPAL BUILDING - 2"`~ I+LOOR 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD/COMMISSION: Beverages Licensmg Authority DAT~ OF MEETING: January 21, 2004 NAM~/TELEPHON~ OF P~RSON Sonya Oster - Deputy Ciry Cleik PREPARING SUMMARY: (303-441-3010) NAMES OF MEMB~RS, STAFF ANll INVITED GUESTS PR~SENT: Board Members: Piiscilla Corielle, Peter Gowen, Tim McMuiray, Steve Wallace Staff Present: Sue Ellen Hairison, Assistant City Attorney, Bob Keatley, Legal Advisar to the Boulder Police Depaitment, Officer Janet Aguirre, Bouldei PD, Sonya Oster, Deputy City Clerk QUASI-JUDICIAL MEETING OUTLINE OF AGENDA 1. Roll Call and approval of mmutes Roll call was taken Members Tucker was absent, there was a puorum. Approval of Minutes - December 17, 2003 2. Matters fiom the Police Department Officer Aauirre presented some statistics comparing Boulder and Ft. Collins compliance rates for underaee comuliance checks. They are as follows: 2003 - Ft. Collins: 92 locations checked (74% compliance) 2003 - Boulder: 140 locations checked (91% compliance) 2002 - Boulder: 122 locations checked (86.9 °Io compliance) 2001- Boulder: 801ocations checked (81% compliance) 2000 - Boulder: 67.79% compliance Officer Aeuirre attributed the increased comqliance rate to communication and education Officer Aeuirre b-•oueht a laree sarbage bas half-filled with fake identifications confiscated durina the nrevious vear. 3 Matters from the Responsrble Hospitality Group Beth Smith Chair of the RHG talked to the Authority about: 1) Fake IDs are an increasing problem. The people that use the IDs see it as a rite of passage and a "victimless crime" 2) The RHG would like to approach the Municipal Court to ask that they increase the fines for people that use fraudulent identifications -Sue Ellen Harrison also suggested that the RHG talk with the prosecuting attorney Erin O'Brien. 3) The RHG contract will be signed by members and presented to the Authority at their February meeting. 4) Over-service operations. Beth Smith, Mark Heinritz and Tim Emery were present to speak to issue of the "overservice" operations that the Boulder Yolice llept. has startea aome. me Issues mac the RHG has with the operations are: 1) The standards for the operation are too subjective 2) The criteria used for determining visible intoxication is subjective 3) The covert nature of the operations seems unfair 4) The undercover aspect is not justified 5) A lot of "gray" issues 6) Feels very punitive The RHG has always been willine to work with anyone on any issue. They wanted to put their concerns on the record Beth Smith also indicated that the police department is willine to work with the RHG to come up with a solution that will work for all parties. Member Wallace asked if both sides could come up with a solution to work for both proposes that the City adopt a strone ordinance aeainst public drunkenness. Member Gowen expressed an interest in explorine further measures to address and reduce the problem with fake ID's "Member Wallace also stressed the point that he prefers that the licensees self-police. 4. Public Hearing and Consrderatron of A November 7, 2003 application from Vrshnu Enterprises, LLC, d/b/a Rudr's Restaurant, 4720 Table Mesa Dr., John Fontaine, 2210 Howard PI , Pres./Reg Mgr ,Susan Fontaine, 2210 Howard Pl., Sec., for a Transfer of Ownership of a Beer & Wme type liquor license prevrously held by The Jackson Companies, Inc , d/b/a Rudr's Restaurant _ 5. Public Hearing and Consideratron of A November 14, 2003 apphcarion fiom Narayan's Restaurant Boulder, Inc., d/b/a Narayyan's Nepal Restaurant, 4800 Baseline Rd Ste. A-107, Narayan Shrestha, 1881 Alma Ln ,Superior, Pres./Reg. Mgr., Sreejana Shrestha, 1881 Alma Ln., Superror, Sec./Tics., for a New Hotel-Restaurant type liquor license. __ 6 Public Heaung and Consideration of A November 17, 2003 application fiom Sun Deh and Liquor, LLC, d/b/a Sun Deh and Liquor, 2299 Pearl St., Unrt B, Morgan Catherwood, 4040 Aurora Ave ,Member/Reg. Mgr , for a Transfer of Ownership of a Retail Liquor Store type license previously held by Shrvam International, LLC, d/b/a Sun Deh, Market &Lrquor Store Gowen moved seconded by Corielle, that the Authority approve the Transfer of Ownership of a Retail Liquor Store type liquor license. Motion carries 4-0. 7. Public Heaung and Consideration of a December 2, 2003 application from Centannr, Ltd., d/b/a Il Pastaro, 3075 Arapahoe Ave., Jose Oreamuno, 4940 Meredith Way, Apt 205, Pres./Reg Mgr., Matha Bogantes, 4940 Meredith Way, Apt. 205, Sec /Tics , for a New Beer & Wine type liquor license 8. Public Hearing and Consideration of a December 2, 2003 apphcarion from Next Dooi, LLC, d/b/a The West End Tavern, 926 Pearl St ,Dave Query, 2525 Arapahoe Ave ,Ste. H-1, Member, Amyy Benton, 2525 Arapahoe Ave., Ste H-1, Member, Marc Mrmon, 2525 Ara ahoe Ave ,Ste. H-1, Member, Chris Blackwood, 900 Maxwell Ave , Membei/Reg. Mgr ,Linda Shoemaker, 2525 Arapahoe Ave., Ste H-1, Member, Stephen Brett, 2525 Arapahoe Ave., Ste. H-1, Member, Matt Banner, 2525 Arapahoe Ave ,Ste H-1, Member, Elaine Banner, 2525 Arapahoe Ave ,Ste. H-1, Member, Raymond Frommer, 2525 Arapahoe Ave ,Ste. H-], Member, Mary Linda Frommer, 2525 Arapahoe Ave., Ste H-1, Member, Larry Gold, 2525 Arapahoe Ave., Ste H-1, Member, Hope Moriissett, 2525 Arapahoe Ave ,Ste. H-1, Member, for a Transfer of Ownership of aHotel-Restaurant type liquor license previously held by West End Tavern, Inc., d1b/a The West End Tavern Corielle moved seconded by McMurray. that the Authority approve the Transfer of Ownership of aHotel-Restaurant type liquor license conditioned upon the backeround checks comine back "all clear:' Motion carries 4-0. 9 Show Cause Hearing concerning whether the Hotel-Restaurant type liquor license held by Posl Spencer, Corporation, d/b/a The Barrel House, 2860 Arapahoe Ave., should be suspended or revoked. 10 Show Cause Hearing concerning whether the Hotel-Restaurant type liquor license held by PSL Corporatron, d/b/a Siamese Plate On The Go, 3033 28" St., should be suspended or revoked. Bob Keatlev presented a stipulation of facts asreed to by the licensee. Gowen moved. seconded by McMurray that the Authority accept the stipulation to facts. Gowen moved, seconded by Wallace that the license be suspended for 14 days. 5 days will be served with 9 held in abeyance for one year The date of suspension will take place on .Ianuary 31, 2004 from 12.01 am until February 4 2004 at 11:59 pm. Motion carries 4-0. 11. Show Cause Heaung concermn~ whether the Tavern type liquor license held by Drllon- Lackey, LLC, d/b/a Lackey's, 2850 29 St , should be suspended or revoked t . 1 _ !1 ______ 12 Drscussron with La Mariposa busrness The Authority decided th of premise a potential change m the nature of therr 13. Matters fiom the Deputy Crty Clerk A) Set neighborhood boundaries for the February 18, 2004 hearing Applicant: Paradise Bakery & Cafe, Inc. Trade Name: Paradise Bakery & Cafe Location: 1207 Pearl St. License Type: New Hotel-Restaurant North Boundary: Maxwell Extended South Boundary: Marine Street West Boundary: Gu' Street East Boundary: Folsom Street Wallace moved seconded by Corielle that the Authority approve the boundaries as set forth above. Motion carries 4-0. 13. Matters from the Assrstant Crly ACtorney 1 d Matrerc fi nm the Chair and Members of the Authority TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS: 1:00 PM - 3"~ Wednesday oY' Every Month m Crty Council Chambers Attest ~-~~ ~ I"' Sonya Oster, Deputy Crty Clerk Approved ~ ~ ~~~ _ ~ ,a Steve Wa1 ce, Vrce-Char Adjournment -The meeting was adjourned at 3:10 p.m.