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Minutes - Beverage Licensing - 7/20/2005CITY OF BOULDER BEVERAGES LICENSING AUTHORITY * * * MINiJTES * * * WEDNESDAY, NLY 20, 2005,1:00 P.M. BOULDER CITY COUNCIL CI3AMBERS MUNICIPAL BUILDING - 2°d FLOOR 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD/COMMISSION: Beverages Licensing Authority DATE OF MEETING: July 20, 2005 NAME/TELEPHONE OF PERSON PREPARING SUMMARY: Mishawn J. Cook - Licensing Clerk (303-441-3010) NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Priscilla Corielle (Corielle left this hearing after completion of agenda item 9), Peter Gowen, Cam Mazshall, Tun McMurray, and Brett Parnes. Staff Present: Walt Fricke, Assistant City Attorney, Ann Large, Deputy City Clerk, and Mishawn Cook, Licensing Clerk. QUASI-JUDICIAL MEETING OUTLINE OF AGENDA 1. Roll Call of Beverages Licensing Authority (BLA) Roll call was taken. All Authority members were present, but Corielle informed the Authority that she may need to leave early. There was a quorum. Approval of Minutes - June 15, 2005 Member Mazshall moved, seconded by Corielle, that the Authority approve the minutes as submitted. Morion approved 5:0. Approval of Hearing Conductor Assignments for this hearing After invitation for public wmment of which there was none, Member Corielle moved, seconded by Mazshall, to approve the hearing conductor assignments listed on the agenda in the BLA packet materials. Morion approved 5:0. 2. Matters from the Boulder Police Department (BPD). Officer D. J. Smith from the BPD advised that the BPD has conducted 15 more compliance checks and there were 4 violations during that evening of checks. Officer Smith reported that BPD's LESS classes continue to go well and the classes are booked through the month of September, and he reported that Officer Cazlene Hofrnann has conducted two special LESS classes at the licensee's sites, one for the Boulder Broker BLA Final Minutes Page 1 of 7 Inn and one for Liquor Mart. Officer Smith advised that BPD is conducting liquor licensed premises inspections, which are being completed by BPD's new recruits, and after three weeks of conducting those inspections, the recruits aze approximately half done with those licensed premise inspections. Officer Smith let the BLA know that during some of those inspections several licensees were not cooperative with BPD officers, telling officers that they needed to return to conduct the inspections or speak with other licensee personnel to complete the inspections. Officer Hofinann will be following up with those non-cooperative licensees after she returns to work in August. 3. Matters from the Responsible Hospitality Group (RHG). Beth Smith, Chair of RHG, provided an article from the Daily Camera about the RHG, which was accepted by the BLA as an exhibit. Ms. Smith reported that the Responsible Hospitality Institute has not yet made their decision about an awazd of a RHI grant to Boulder, and Ms. Smith reported that attendance at the last RHG ID seminaz was fairly light, probably due to the fact that she was on vacation so did not send out a reminder email. Finally, Ms. Smith notified the BLA that a business was circulating (and may come to BLA to discuss the technology) among Boulder licensees to mazket a fingerprint scan machine that works in conjunction with IDs. Ms. Smith has a concern with this product, since RHG members have been seeing fake IDs with magnetic strips that are working for several years now, thus a minor that had a fake ID with a magnetic strip that worked could get into any licensed establishment that used this ID system without the risk of showmg their fake ID again and again. Therefore, Ms. Smtth stated that the RHG does not endorse use of this product until such concerns are worked out. Member Mazshall commented that the product seemed like a bad idea because of the risk that a licensee and their employees may become over-dependent on it and overlook the importance of diligently checking IDs each time. Ms. Smith commented that this machine would be detrimental in half of the circumstance of fraudulent IDs that RHG licensees see, such instances being where an adult person gives their valid ID to a minor for the minor's use in gaining entry to establishments and purchasing alcohol. 4. Findings of Fact Hearing regarding non-automatic renewal conditions for R2DJ, Inc. d/b/a The Player's Club, 1143 13 Street, for aHotel-Restaurant type liquor license. Member McMurray was the designated hearing conductor for this matter. Chair Gowen briefed the Authonty on the prior conditions set b the BLA for this licensee. Patrick LeMahieu was sworn m and testified on behalf ofythe licensee. Thomas Madsen, Esq. a~peazed representing the landlord of this licensed premises and requested that this licensee be allowed to transfer this liquor license to another applicant. Patrick LeMahieu stated that this license has been inactive since December 1, 2004 when the licensee closed down, but expressed ability to cooperate with the landlord to transfer this license. Chair Gowen restated that this licensee has reported and complied with the prior set conditions of the BLA. Member Corielle asked Walt Fricke how long a licensed premise could be inactive without being in violation of the law. Walt Fricke commented that he was interested in hearing more about how and if the licensee vacated the licensed premises and Mr. Fricke stated that at all times a licensee must possess and control a licensed premises according to state law. Thomas Madsen, Esq. commented that the licensee is still subject to the lease teens because the licensee has not been evicted or released from such lease terms. Chair Gowen asked if the licensee has conducted an audit, and Patrick LeMahieu commented that the licensing clerk had advised via email that the condition of an audit could be waived in this instance. Mishawn Cook confirmed to the Authority such email sent to the licensee. The Authority questioned what the time frame for a license transfer would be, and Thomas Madsen advised that he hoped a transfer could be completed within 3 months as he currently had 2 letters of intent for BLA Final Minutes Page 2 of 7 the property. Chair Gowen commented that this hearing was called to confirm that there was compliance by the licensee with BLA conditions, and other members informally confirmed that such compliance was present, thus no further motion was required on this matter. 5. Renewal Hearing for BAS, Iuc. d/b/a Rose Hill Wine and Spirits, 1091 13th Street, for a Retail Liquor Store type liquor license. Member Parnes was the hearing conductor for this matter and the procedures were read to this licensee. Zane Blackmer and Andrew Greenidge were each sworn in and testified on behalf of co orate licensee. There were no exparte communications or conflicts of interest reported by the Authority members. No third parties requested interested party status of the Authority. Zane Blackmer advised that the licensee wntinues to comply with their license conditions; they do not sell beer kegs, that all employyees have taken the BPD LESS class, and that they comply with the state law applicable to their license type. Therefore,Mr. Blackmer requested to be switched to admutistrative annual license renewal rather than non-automatically renewal. Beth Smith provided public comment to the Authority that a licensee's representative has faithfully attended RHG meetings since opening its current location and that Andrew Greenidge has worked hard to make RHG a more formally run organization. Member Parnes moved, seconded by Chair Gowen, to renew this license; Chazr Gowen then amended the motion to allow this licensee to be removed from non-automatic renewal status and to be put on administrative annual renewal, with Member Marshall seconding such amendment. Member Corielle then requested that each motion be voted on separately by the Authority members. Chair Gowen then withdrew his amendment to the operarive motion, and seconded Member Parnes motion to renew this license. Motion approved 5:0. Member Corielle commented at this time that this is a vulnerable neighborhood and that she would like to see this licensee continue on non-automatic renewal for one more year. Chair Gowen moved, seconded by Marshall, that this licensee be set for administrative annual license renewal and taken off ofnon-automatic renewal. Member Parnes then asked when licensee's violation was, and Mr. Blackmer answered that their sole violation was in October, 2004. Member Parnes then called the open motion to a vote. Motion to remove licensee from non-automatic renewal was approved 4:1 with Member Corielle in dissent. 6. Show Cause Hearing concerning an April 22, 2005 violation and whether the Hotel- Restaurant type liquor license held by Delgar, Ltd. d/b/a Antica Roma, 1308 Pearl Street, should be suspended or revoked. Member Corielle was the designated hearing conductor for this matter. Silvano DeLuca, president of this corporate licensee, was sworn in and testified as to the mitigating factors of this violation. Bob Keatley appeared on behalf of the BPD and reported that this licensee would stipulate to the facts of this violation. Chair Gowen moved, seconded by McMurray, to accept the stipulation of facts. Motion approved 5:0. Mr. DeLuca then explained the circumstance of this violation. Chair Gowen moved, seconded by Parnes, that the suspension for this violation be set at 5 days served with 9 days held in abeyance for one year. Motion approved 5:0. The Authority accepted the dates for the 5 suspension days of August 14, 2005 to August 18, 2005 requested by Mr. DeLuca. Chair Gowen moved, seconded by Marshall, that the 5 suspension days be served from August 14, 2005 to August 18, 2005. Motion approved 5:0. 7. Public Hearing and Consideration of an Apri14, 2005 application from Kabili, LLC d/b/a Seven, 1035 Pearl Street,l~` Floor, Shimon ICabili, 1035 Pearl Street, Suite 400, Manager/General Partner, for a New Hotel-Restaurant type liquor license. Melinda Abplanalp was sworn in, testified on behalf of the applicant, and confirmed compliance under oath with the 10 day posting requirement for the proposed licensed premtse in this matter. Chair Gowen was the designated hearing conductor for this BLA Final Minutes Page 3 of 7 matter and hearing procedures were read to this applicant. Ms. Abplanalp requested a second continuance for this applicant (due to construction and inspections concerns) of 60 days until the BLA's heanng on September 21, 2005. Member Corielle commented that the licensee should provide an updated licensed premise floor plan outlining changes at the new application hearing, and Ms. Abplanalp stated that they would have that diagram and a sample menu to give to the BLA. Member Mazshall moved, seconded by Member Corielle, to grant this applicant's request, thus continue this applicant's appearance for new application to the BLA heanng on September 21, 2005. Motion approved 5:0. Mishawn Cook requested that the Authority confirm to this applicant that they must again post for the September 21, 2005 hearing date and that this appplicant must bring a final diagram to the hearing because such final diagram has to be provided to the State with the local authority's approval or denial. The Authority concurred. 8. Public Hearing and Consideration of a May 3, 2005 application from Apple Six Hospitality Management, Inc. d/b/a Boulder Marriott, 2660 Canyon Boulevard, Apple Six Hospitality, Inc., 814 East Main Street, Richmond, VA, Subsidiary Owner, for a Transfer of Ownership of aHotel-Restaurant type liquor license. Member Marshall was the designated hearing conductor for this matter. Steve Lee, Esq. represented this applicant. Dautd Kennedy, general manager for the applicant hotel, was sworn in, testified on applicant's behalf, and confirmed compliance under oath with the legal requirement of the 10 day posting period for this proposed licensed premise. Mr. Lee agreed to waiver of hearing procedures on behalf of the applicant. No third parties requested interested party status of the Authority and there was no public comment on this matter. Chair Gowen moved, seconded by Corielle, to approve this application for the transfer of ownership of the hotel-restaurant liquor license. Motion approved 5:0. 9. Public Hearing and Consideration of a May 272005 application from 28`h Street Wine Partners, LLC d/b/a Wiues Plus, 3325 28 StreethMikael Van Loon, 7855 Valmont Road, Member, Louis Farone, 4269 North 26` Street, Member, and Nick Patinella, 4700 West County Road 12, Loveland, CO, Manager/Member, for a New Retail Liquor Store type liquor license. Member McMurray was the designated hearing conductor for this matter. Peter Dietze, Esq. represented this applicant. Mikael Van Loon, Louis Farone, and Nick Patinella, all of the applicant LLC, were sworn in and testified in this matter. Mikael Van Loon confirmed compliance under oath with legal requirement of a 10 day posting of the proposed licensed premises. Mr. Dietze waived the reading of hearing procedures on behalf of this applicant. Mr. Dietze provided a legal brief to the Authority which they took under advtsement. Mr. Dietze also requested and was ganted by Authority entry into the record of 9 exhibits, to be marked as Agenda item 9, Applicant's Exhibits 1, 2, 3, 4, 5, and 6A, 6B, 6C, and 6D. Donald Cooke, Melissa Bajzd, Martha Myers, William Yurth, James Kean, Steven Carson, and Laurie Carson, as neighbors in the designated neighborhood, were sworn in and testified in favor of application approval. Expert witnesses, Richazd Siegel (one of the owners of the retail portion of the Safeway shopping center complex) and Howard Gerelick (real estate vice president for the Denver division of Safeway stores) were sworn in and testified on behalf of this applicant generally regarding retail liquor stores next door to gocery stores and specifically about the proposed licensed premise adjacent to the Safeway store. Alex Ariniello (traffic en ' eer/ consultant) was sworn in and presented visual explanation and testimony on behalf of this applicant regazding traffic patterns and volume azound proposed licensed premise. Max Scott, from Oedipus, Inc., was sworn in and testified about neighborhood petition results conducted for this applicant and Esquire Petitioning Services petitioning results conducted for interested party application opponents. Ronald Jung, Esq. representing two clients; Palmos Development (Terry Palmos is a principal in this business) and ACE self-storage requested of the Authonty and was granted interested party status for his client. Mr. Palmos also requested to be allowed to BLA Final Minutes Page 4 of 7 speak for neighbor Bun Yu due to a language translafion concern. Mr. Jung provided a legal brief to the Authority which they took under advisement. Mr. Jung also requested of the Authority and was granted entry into the record of 4 exhibits, to be marked as Agenda item 9, Respondent's Exhibits 1, 2, 3, and 4. Expert witness, John Butler (economic development consultant) was sworn in and testified regarding neighborhood demographics as indications of population growth and increased service needs on behalf of opposing interested party. Kelly Pietrs, of Esquire Petitioning Services, was sworn in and testified about the neighborhood petitron results conducted for the interested party opposing this application, Palmos Development, and Ms. Pietrs also s oke about Oedipus, Inc.'s petrtron as to needs and desires results. Terry Palmos who both lives and is a principal in Palmos Development which owns a shoppin complex in the designated neighborhood) was sworn to and Mr. Palmos provided visual presentation and testimony opposing this application. Jack Lacy (owner of a building in designated neighborhood), Dennis Connors (homeowner in designated neighborhood), Cindy Young Lee (liquor store owner in designated neighborhood), an Bun Yu (homeowner in the designated nei~p~hboyhood) all reported their attendance to the BLA when the Authority requested notrceT~y those requesting interested parry status. Mr. Connors, Mr. Lacy, and Ms. Lee were all sworn in and each testrfied as interested parties a~alnst the approval of this application. During the public comment portion of this heanng, Don Schaper (manager of a business in the designated neighborhood) was sworn in and provided testimony against the approval of this application. Mr. Lacy provided a packet of articles and reseazch studies to the Authonty which was accepted as an exhibit and is to be mazked as Agenda item 9, Interested Party's Exhibits 1, 2, 3, 4, and 5. Chair Gowen moved, seconded by Parnes, to approve this application for a retail liquor store type liquor license. Motion approved 4:1 with Member Corielle in dissent. 10. Public Hearing and Consideration of a May 31, 2005 application from Casarrubias, Inc. d/b/a Trattoria on Pear1,1430 Pearl Street, Guillermo Casarrubias, President, and Sara Casarrubias, Vice President, both of 7903 Grasmere Drive, for a Transfer of Ownership of aHotel-Restaurant type liquor license. At the beginning of this agenda item, Chair Gowen informed the Authority that Member Corielle had left the hearing for another engagement. Member Paznes was the designated hearing conductor for this matter and the heanng procedures were read to this applicant. There were no conflicts of interest or ex parte communications reported by the Authority members. Guillermo Casarrubias and Saza Casarrubias, president and vice president respectively of this corporate applicant, each were sworn in, each testified as to this application, and confirmed compliance under oath with the legal requirement of posting for 10 days of the proposed licensed premises. Chair Gowen confirmed with the applicant that the operation of this restaurant would continue as-is after this transfer. Member Marshall moved, seconded by McMurray, to approve this transfer of ownership application for ahotel-restaurant liquor license. Motion approved 4:0. Il. Public Hearing and Consideration of a Jun~6, 2005 application from Johnny's Cigars, Inc. d/b/a Johnny's Cigars, 1801 13` Street, Suite 110, John Welsh, 3175 17 Street, Owner, for a New Tavern type liquor license. Chair Gowen advised that, since Member Corielle had departed per hearing conductor procedures, he would step in as the designated hearing conductor for this matter. John Welsh, president of the corporate applicant, was sworn m, testified about this application, and under oath confirmed compliance of the posting of the proposed licensed premises fora 10 day period. Max Scott, of Oedipus, Inc., was sworn in and testified about the petition results for this applicant. There were no ex pane communications and no conflicts of interest reported by the Authority members. Mr. Welsh provided five letters of support for this applicatron to the Authority and such BLA Final Minutes Page 5 of 7 letters were entered into the record as exhibits. Mr. Welsh explained in detail to the Authority members changes to the restrooms and storage that the architect was currently making on the licensed premise diagram. The Authority confirmed with Mr. Welsh that an updated diagram is to be provided to the licensing clerk for the city and state applications, but advised that such diagam would not be a condition of the Authority's motion. No third parties requested interested party status and there was no public comment on this application. Member McMurray moved, seconded by Parnes, to approve this application for a new Tavern liquor license. Motion approved 4:0. 12. Public Hearing and Consideration of a June 6, 2005 application from Pickled Peppers, LLC d/b/a AJ1,1601 Pearl Street, Lenny Martinelli, President, and Sara Martinelli, Owner, both of 605 Grant Avenue, Louisville, CO, and Two Additional Owners each owning under a 10% interest, for a New Hotel-Restaurant type liquor license. Chair Gowen was the designated hearing conductor for this matter and the hearing procedures were read to thrs appltcant. Lenny Martinelli, lresident of this applicant LLC, and Sue Di Paolo, part-owner and co-manager of this applicant location, were each sworn in, testified on this application, and confirmed compliance with the legal posting requirement of 10 days at the proposed license premise. There were no ex parte communications and no confltcts of interest reported by the Authority members. No third parties reeqquested interested party status of the Authority. Mr. Martinelli testified as to the nei~borhood needs and desrres for this new restaurant, and spoke about the concept o two restaurants, one Latin American and one vegetarian, m this same licensed premise. There was no public comment on this application. Member McMurray moved, seconded by Mazshall, to approve this application for a new hotel-restaurant liquor license. Motion approved 4:0. 13. Public Hearing and Consideration of a June 6, 2005 application from Thunderbird Burgers, LLC d/b/a Thunderbird Burgers, 3117 28`" Street, Brett Berger, 4040 Bimini Court, Managing Member, for a New Hotel-Restaurant type liquor license. Member Mazshall was the designated hearing conductors for this matter. Brett Berger, manager and member of this applicant LLC, and Sonya Oster, consultant on this application, were each sworn in, testified as to this appltcation, and confirmed compliance with the legal requirement of posting for 10 days the proposed licensed premrses. Ms. Oster waived the reading of the hearing procedures on this applicant's behalf. No ex parte communications and no conflicts of interest were disclosed by the Authority members. Brett Berger spoke about the petition results for this application. Member McMurray asked about the liquor licensing of patio tables, and Mr. Berger answered that he would put signs on each table not to remove alcohol from the premises and would provide landlord's permission in writing for licensing the patio tables to show possession of that azea. Chair Gowen asked how Mr. Berger would exercise control of alcohol at tables on the patio, and Mr. Berger answered that he could put up removable barriers around patio tables to evidence control, but that the landlord objected to permanent railings. Beth Smith of the 1tHG provided public comment in favor of this application as to Mr. Berger's longtime attendance of RHG meetings and her observations of the family clientele at this applicant's new location. Member Paznes, seconded by Chair Gowen, moved to approve this application for a new hotel-restaurant liquor license. Motion approved 4:0. 14. Matters from the Licensing Clerk. a. Set neighborhood boundaries for the August 17, 2005 BLA hearing. Applicant: The Bouldering Garden, LLC Trade Name: The Spot Bouldering Gym BLA Final Minutes Page 6 of 7 Location: 3240 Prairie Avenue, Boulder, CO 80301 License Type: A New Beer and Wine type liquor license Authority Defined Neighborhood North Boundary: Iris South Boundary: College to Colorado West Boundary: 19th East Boundary: 55th Member McMurray moved, seconded by Parnes, to accept the above boundaries as the designated neighborhood for this application. Motion approved 4:0. 15. Matters from the Assistant City Attorney. Walt Fricke advised no matters for the Authority. 16. Matters from the Chair and Members of the Authority. a. DebrieFmg from this hearing. Chair Gowen commented that he jumped in during agenda item 9 as Chair to keep things moving and stated sometimes interested parties are not aware of what interested party status means. Member Marshall commented that perhaps the Authority may want to state its expectations of commenting public and interested parties up front to keep testimony on point during hearings (maybe using 3 minute light to time comments to keep comments brief). b. Other Matters from the Chair and Members of the Authority. No other matters were raised by the Chair or the Authority members. ADJOURNMENT Chair Gowen advised that the Authority should adjom, thus, the hearing was adjourned at 7:25 PM. 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. Attest: - " Mishawn J. Cook, Licensing Specialist BLA Final Minutes Page 7 of 7 Approved: