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Minutes - Beverage Licensing - 6/15/2005CITY OF BOULDER BEVERAGES LICENSING AUTHORITY ***MINUTES*** WEDNESDAY, JUNE 15, 2005,1:00 P.M. BOULDER CITY COUNCIL CHAMBERS MUNICIPAL BUILDING - 2"d FLOOR 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD/COMMISSION: Beverages Licensing Authority DATE OF MEETING: June 15, 2005 NAME/TELEPHONE OF PERSON PREPARING SUMMARY: Mishawn J. Cook - Licensing Clerk (303-441-3010) NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRE5ENT: Board Members: Priscilla Corielle, Peter Gowen, Cam Marshall, and Brett Parnes. Staff Present: Sandra Llanes, Assistant City Attorney, and Mishawn Cook, Licensing Clerk. QUASI-JUDICIAL MEETING OUTLINE OF AGENDA 1. Roll Call of Beverages Licensing Authority (BLA) Roll call was taken Member McMurrav was absent but all other Authoritv members were present There was a ctuorum. Approval of Minutes - May 18, 2005 2. Matters from the Boulder Police Department (BPD). Approval of Hearing Conductor Assignmettts for this hearing 3. Matters from the Responsible Hospitality Group (RHG). 4. Public Hearing and Consideration of a March 25, 2005 application from Illegal Pete's, Inc. d/b/a Illegal Pete's, 1320 College Avenue, Peter McArthur Turner II, 1231 S. Gaylord Street, Denver, CO, President/Shareholder, and Seven Additional Shareholders each owning under 10% of corporate applicant, for a New Hotel- Restaurant type liquor license. 5. 6. 7. Public Hearing and Consideration of an Apri127, 2005 application from Frasca Food and Wine, LLC d/b/a Frasca Food and Wine, 1738 Pearl Street, Suite 104, Robert Stuckey, 3600 Cataba Way, Manager/Member, and John Lachlan MacKinnon-Patterson, 1895 Alpine Avenue, Manager/Member, for a Permanent Modification to aHotel-Restaurant type liquor license. S. Public Hearing and Consideration of an April 4, 2005 application from Kabili, LLC d/b/a Seven, 1035 Pearl Street, l" Floor, Shimon Kabily 1035 Pearl Street, Suite 400, Manager/General Partner, for a New Hotel-Restaurant type liquor license. Public Hearing and Consideration6of an Apri126,1b005 application from On The Turn, Inc. d/b/a Kerrigan's on 30` Street, 2500 30` Street, Suite 101, Michael Kottenstette, President, and Kathleen Kottenstette, Secretary/Treasurer, both of 36 Dartmouth Circle, Longmont, CO, for a New Hotel-Restaurant type liquor license. Public Hearing and Consideration of an April 29, 2005 a plication from Alexander L. Cordova d/b/a Alexander's and Levorio's, 1718 Broadway, Alexander Cordova, 2900 Quebec, Unit 15, Denver, CO, Owner/Manager, for a Transfer of a Hotel- Restaurant type liquor license. 9. Matters from the Licensing Clerk. A. Set neighborhood boundaries for the July 20, 2005 BLA hearing. Applicant: 28a' Street Wine Partners, LLC Trade Name: Wines Plus Location: 3325 2~Street License Type: A New Retail Liquor Store type liquor license Authority Defined Neighborhood North Boundary: Jav Road to Hwv 36 to Broadwav South Boundary: Arapahoe West Boundary: Broadwav East Boundary: Foothills Pazkway to 47`h Street Peter Dietze attorney for the applicant provided a letter to the Authority dated 6/6/05 (which was included in the BLA hearing packet) and spoke on behalf of this arorolicant to suggest neighborhood boundaries pertinent to this aprolicafion. Kelly Pietrs, attorney for Terry Palermo (a neighbor of the proposed location who will request interested party status at the new application hearing) provided a map of proposed neighborhood boundaries which was accepted by the Authority in their deliberations as an exhibit, and Ms Pietrs smoke on behalf of her client to the Authority to suggest neighborhood boundaries as detailed on the offered maro There was no further public comment regazding the neighborhood boundaries Sandra Llanes confirmed for the Authority that courts have held that local liquor licensing authorities have robust discretion in setting boundaries but in this hearing it would be helpful if the Authority had a discussion about the reasoning behind the selection of boundaries. Chair Gowen commented that the Authority had used similaz boundaries for a similazly situated applicant in the recent mast and that the Authority now selected streets that were continuous for administrative_ ease of determining boundaries Member Mazshall also advised that the requested boundary of Mapleton Avenue was iust over one-half mile and that Arapahoe Avenue was iust over one mile then Arapahoe was more consistent with how this Authority had set boundaries in the past Corielle moved seconded by Marshall, to define the above boundaries as the aprolicable neie borhood for this applicant Motion aproroved 4:0. Applicant: Johnny's Cigars. Inc. Trade Name: Johnny's Cigars Location: 1801 13a Street. Suite 110 License Type: A New Tavern type liquor license Authority Defined Neighborhood North Boundary: Balsam to Edgewood to Valmont South Boundary: Baseline West Boundary: City Limits East Boundazy: 28`h Street There was no public comment regazding neighborhood boundaries for this matter. Marshall moved seconded by Corielle to define the above boundaries as the applicable neighborhood for this applicant Motion approved 4:0. Applicant: Pickled Peppers, LLC Trade Name: AREPA Location: 1601 Pearl Street License Type: A New Hotel-Restaurant twe liquor license Authority Deftned Neighborhood North Boundary: Balsam to Edgewood to Valmont South Boundary: Baseline West Boundary: Cit_fi Limits East Boundary: 28` Street Mishawn Cook Licensing Clerk advised the Authority of the neighborhood boundaries for the prior licensee at this location Lucca Lucca There was no other public comment regazding neighborhood boundaries for this matter Corielle moved, seconded by Marshall to define the above boundaries as the applicable neighborhood for this applicant. Motion approved 4:0. Applicant: Thunderbird Burgers, LLC Trade Name: Thunderbird Burgers Location: 3117 28 Street License Type: A New Hotel-Restaurant t}pe liquor license Authority Defined Neighborhood North Boundary: Jay Road to Hwy 36 to Broadwav South Boundary: Arapahoe West Boundary: Broadwav East Boundazy: Foothills Pazkwav to 47a' Street There was no public comment regarding the neighborhood boundazies. Marshall moved, seconded by Corielle to define the above boundaries (since this proposed location was near the first applicant's location) as the applicable neighborhood for this applicant. Motion approved 4:0. B. Correspondence and Updates to the BLA. Mishawn Cook Licensing Clerk advised the Authority that she is undertaking, with the direction of the Citv Manager's Office a redaction of the permanent liquor license files for Boulder licensees Ms Cook asked if the Authoritv would find it acceptable for her to redact out the confidential information contained in the applicant materials sent to the Authority members in their BLA packets Chair Gowen stated with the concurrence of the other Authority members that this would be permissible since exclusion of the confidential contents would not hamper the Authority's review and deliberations on license applications. 10. Matters from the Assistant City Attorney. 11. A. Debriefing from this hearing. Chair Gowen directed his comments to Beth Smith. Chair of the RIIG, and commented that, at the meeting that he attended with RHG representatives from Springfield, MO, he thought about the possibility of having an alcohol breathalyzer in a licensed premise or elsewhere to test patrons and facilitate self-testing to determine intoxication. Ms. Smith stated that Wardenburg at CU had set up a breathalyzer on the streets surrounding CU in the roast, but that funding for that program has been discontinued Ms Smith advised that if a licensed premise or other party wanted to purchase a breathalyzer machine the cost would be proximately $1 600 to $2 000 and that she has heard about a lawsuit where a Florida bar had a breathalyzer and a bar patron sued the bar for allowine her to become so intoxicated. Ms Smith commented she thought that breathalyzer use was an effective tool, but that the legal liability difficulties would need to be worked out. Ms. Smith stated that she would research the idea of use of breathalyzers for reduction of alcohol over service. Member Corielle questioned if a licensee that had an alcohol problem may be more lenient with over service and service of minors than other licensees. ADJOURNMENT TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS 1:00 PM - 3`~ Wednesday of Every Month in City Council Chambers, except December 2005 meeting shall be on the second Wednesday of that month. Matters from the Chair and Members of the Authority. B. Other Matters from the Chair and Members of the Authority. Attest: ~Mishawn J. Cook, Licensing Specialist Approved: Pet Gowen, Chair