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Minutes - Beverage Licensing - 1/18/2006CITY OF BOULDER BEVERAGES LICENSING AUTHORITY ***MINUTES*** WEDNESDAY, JANUARY 18, 2006,1:00 P.M. BOULDER CITY COUNCIL CHAMBERS MUNICIPAL BUILDING - 2nd FLOOR 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD/COMMISSION: Beverages Licensing Authority DATE OF MEETING: January 18, 2006 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, Peter Gowen, Cam Marshall, Tim McMurray, 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. All five Authority members were present. There was a quorum. Approval of Minutes - December 14, 2005 Member Marshall moved, seconded by Parnes, to approve the minutes. Member Corielle commented that on agenda item 6 in the draft BLA 12/14/OS minutes, Zolo Grill had asserted that they were a member of RHG, which was later denied by the RHG, and Corielle stated that this should be added in agenda item 6 of the 12/14/OS minutes as the Authority considered their membership as mitigating in the show cause. Chair Gowen also commented that in the last sentence of 12/14/OS minutes, "2005" should be changed to "2006". Member Marshall then moved, seconded by McMurray, to accept these changes as an amendment to his original motion and adopt the BLA 12/14/OS minutes as amended. Motion approved 5:0. Approval of Hearing Conductor Assignments for this hearing Chair Gowen requested public comment on today's heating conductor assignments, and none were provided. Member Corielle moved, seconded by Marshall, to approve the hearing conductor assignments listed on today's agenda. Motion approved 5:0. 1/18/06 BLA Final Minutes Page 1 of 6 2. Matters from the Boulder Police Department (BPD). Officer Heather Frey appeared before the Authority and advised that at the BPD LESS class on 1/15/06, which was the first class that she taught, approximately 10% of the class attendants did not pass the class test with the required 80% test score. 3. Matters from the Responsible Hospitality Group (RHG). Mazk Karpowich, RHG chair, and Kirsten Johnstone, from Kanna Cuisine which is an RHG member, appeazed before Authority. Mr. Karpowich advised that no RHG members were appearing today for show causes. Mr. Karpowich commented on the fact that Zolo Grill was not an RHG member at the time of December's BLA hearing, but that Dave Query of Zolo Grill did attend the last RHG meeting and that Mr. Query was an integral pazt of the discussion at that RHG meeting. Mr. Karpowich commented that he has not received much response from licensees appearing before the BLA for show causes, but that the RHG will now also be contacting new licensees. Mr. Karpowich commented that Andy Schneidkraut, Albums Bistro owner, who is appearing in today's BLA hearing did attend the last RHG meeting. Mr. Kazpowich also commented on the recent Planning Board's use review denial for the Thunderbird Burgers location on University Hill, and Mr. Karpowich commented that RHG is concerned about that trend on behalf of the RHG members with establishments located on University Hill. Kirsten Johnstone commented that RHG has been very supportive of her as a new liquor licensee, and Ms. Johnstone stated that she is very concerned about this recent use review denial for Thunderbird Burgers. Ms. Johnstone stated that her concern for the denial stems from the feeling that this equates to a BLA issuance of a liquor license and then a changing of the license terms by the Planning Boazd. Member McMurray asked if it is possible to get RHG minutes, and both Mr. Karpowich and Mishawn Cook stated that the RHG meeting minutes were forwarded to the BLA members the day before today's hearing, that such minutes would be accepted as an exhibit to this agenda item, and that the minutes would be promptly forwarded to the BLA in future. 4. Show Cause Hearing concerning an August 21, 2005 violation and whether the Hotel- Restaurant type liquor license held by Trilogy Wine Bar, LLC d/b/a Trilogy Wine Bar, 2017 13th Street, should be suspended or revoked. Member McMurray was the designated hearing conductor. Bob Keatley, on behalf of the BPD, appeazed before the Authority for the purpose of withdrawing the show cause hearing resulting in dismissal. Gregg Friedman, attorney for this licensee, also appeazed before the Authority in this matter. Chair Gowen commented that a stipulation for dismissal would be deemed sufficient. Member Parnes moved, seconded by Mazshall, to approve Mr. Keatley's stipulation for the dismissal of this show cause. Motion approved 5:0. Chair Gowen commented that this show cause is dismissed with prejudice. 5. Show Cause Hearing concerning an October 14, 2005 violation and whether the Hotel- Restaurant type liquor license held by Jintana Srikitprachai d/b/a Gemini Thai Kitchen, 1630 30th Street, Unit B, should be suspended or revoked. 1/18/06 BLA Final Minutes Page 2 of 6 Member Parnes was the designated hearing conductor. Bob Keatley, appearing on behalf of the BPD, advised the Authority that this licensee had agreed to a stipulation to the facts and that the licensee had agreed to waive the reading of the procedures in this matter. Suchet Srikitprachai, licensee manager, and Jintana Srikitprachai, licensee owner, were both sworn in and testified as to mitigation in this matter. Suchet Srikitprachai confirmed that licensee would stipulate to the facts of this show cause and would waive procedure reading. No ex- parte communications or conflicts of interest were reported by the Authority members. Chair Gowen moved, seconded by McMurray, to accept the stipulation to the facts for this show cause. Motion approved 5:0. Chair Gowen noted that the server did check the ID as a mitigating factor. Chair Gowen moved, seconded by Marshall, that the penalty for this violation be set at 4 days served with 10 days held in abeyance. Motion approved 5:0. Suchet Srikitprachai requested 4 dates for his violation penalty. Member Parnes moved, seconded by Gowen, to accept the requested 4 suspension dates of January 22, 2006 to January 25, 2006. Motion approved 5:0. 6. Show Cause Hearing concerning an October 14, 2005 violation and whether the Hotel- Restaurant type liquor license held by McBride Boulder Broker Inn, LLC d/b/a Boulder Broker Inn, 555 30tH Street, should be suspended or revoked. Member Corielle was the designated hearing conductor. Bob Keatley, appearing on behalf of the BPD, advised that this licensee had agreed to a stipulation to the facts and agreed to waive the reading of the procedures. Hamid Hursan, licensee manager and member, was sworn in, tesfified as to violation mitigation, and confirmed that licensee would stipulate to the facts and would waive the procedures reading. Member Parnes moved, seconded by Gowen, to accept the stipulation to the facts for this show cause. Motion approved 5:0. Chair Gowen noted several mitigating factors. Chair Gowen moved, seconded by Mazshall, to set the penalty for this violation at 3 days served with 11 days held in abeyance. Motion approved 5:0. Mishawn Cook noted for the record that this licensee had provided an employee training list that would be accepted as an exhibit to this agenda item. Mr. Hursan requested 3 dates for the violation penalty. Chair Gowen moved, seconded by Marshall, to accept the requested 3 suspension dates of February 6, 2006 to February 8, 2006. Motion approved 5:0. 7. Show Cause Hearing concerning an October 15, 2005 violation and whether the Hotel- Restaurant type liquor license held by Playa Azul, Inc. d/b/a Playa Azul, 1600 38tH Street, should be suspended or revoked. Chair Gowen was the designated hearing conductor. Bob Keatley, appearing on behalf of the BPD, advised the Authority that this licensee had agreed to a stipulation of the facts and agreed to waive reading of the procedures. Aurora Curiel, licensee owner, and Jose Curiel, licensee employee, were both sworn in, testified as to violation mitigation, and confirmed the stipulation to the facts of this violation and waiver of procedure reading. Member Marshall moved, seconded by Corielle, to accept the stipulation to the facts for this violation. Motion approved 5:0. Chair Gowen noted that the ID was checked and Member Parnes noted that the server had taken BPD class as mitigating factors. Member McMurray moved, seconded by Corielle, to set the penalty for this violation at 4 days served with 10 days held in abeyance. Motion approved 5:0. Mr. Curiel requested 4 suspension dates. 1/18/06 BLA Final Minutes Page 3 of 6 Member Parnes moved, seconded by Corielle, to accept the requested 4 suspension dates of January 21, 2006 to January 24, 2006. Motion approved 5:0. 8. Show Cause Hearing concerning an October 15, 2005 violation and whether the Hotel- Restaurant type liquor license held by Walnut Brewery, Inc. d/b/a Boulder Chophouse and Tavern, 947 Walnut Street, should be suspended or revoked. Member Mazshall was the designated hearing conductor. Bob Keatley, appearing on behalf of the BPD, advised the Authority that this licensee had agreed to a stipulation to the facts and had agreed to waiver of the reading of procedures. Douglas Christman, Esq. appeazed as attorney for the licensee. Matt Thomas (regional manager), Timothy Kirkland (corporate beverage and baz trainer), Jeffrey Taylor (licensee registered manager), and Ted Williams (senior vice president of brewery division) were each sworn in. Mr. Kirkland, Mr. Taylor, and Mr. Williams each testified as to violation mitigation, and confirmation was received by the Authority under oath of the licensee's stipulation to the facts and licensee's waiver of the procedures reading. Member Marshall noted significant mitigating factors. Mr. Christman requested to pay a fine in lieu, and Mr. Christman offered to have Mr. Thomas testify as to sales totals to allow fine calculation. The Authority declined to allow payment of a fine in lieu as a penalty. Member Parnes moved, seconded by Gowen, to set the penalty for this violation at 2 days served with 12 days held in abeyance. Motion approved 5:0. Mr. Christman requested 2 suspension dates. Member Marshall moved, seconded by Gowen, to accept the requested 2 suspension dates of February 5, 2006 and February 6, 2006. Motion approved 5:0. 9. Public Hearing and Consideration of a December 2, 2005 application from Trivial Endeavors, Inc. d/b/a Albums Bistro, 1124 13th Street, Andrew Schneidkraut, 370 South 42°d Street, Director/Manager, for a New Hotel-Restaurant type liquor license. Member McMurray was the designated hearing conductor. David Bailey, Esq. appeared applicant's attomey. Andrew Schneidkraut, applicant owner, was sworn in, testified about this application, and confirmed under oath completion of the required 10 day posting at the proposed licensed premises. Mr. Bailey confirmed waiver of procedures reading. No ex- parte communications or conflicts of interests were disclosed by Authority members. No third parties requested interested party status of the Authority. Kelly Pietrs of Esquire Petitioning Services was sworn in and testified about petition results. Ken Hotaling, Billie Gutgsell, Bill Wedum, Brian Johnson, Sazah Finger, Matt McMullen, Burt Rashbaum, Leah Winski, Dave Rogers, Pete Turner, Mark Heinritz, Sean Davis, and Mason Schumacher were each sworn in and each testified (except Sean Davis) for application approval. Lisa Spaulding from University Hill Neighborhood Association (UHNA) was sworn in and testified that UHNA is in favor of this application with an 11 PM closing time as a license condition. Jan Otto with UHNA requested that the applicant agree to a closing time of 11PM before the BLA. Mazk Kazpowich, RHG chair, provided public comment in favor of approval and stated that Andy Schneidkraut has attended RHG meetings. No other public comment was received by the Authority. Mr. Bailey commented on behalf of his client that agreeing to an 11PM closing time would be problematic under the subject lease, and that Mr. Bailey could not advise his client to agree to such a license condition. Chair Gowen 1/18/06 BLA Final Minutes Page 4 of 6 commented that this license applicant, if the license was approved, would need to complete a use review with the Planning Department to obtain closing hours later than 11PM due to zoning at the proposed premises. Lisa Spaulding was recalled to further testify on the 11PM closing time license condition. Member Parnes moved, seconded by Gowen, to approve this new hotel-restaurant liquor license. Motion approved 5:0. 10. Matters from the Licensing Clerk. Mishawn Cook advised that she has issued a temporary permit in the transfer for Market Squaze Liquors at 1832 30`h Street, Suite B, and the transfer application will be heazd at the BLA 2/15/06 hearing. Ms. Cook stated that Members Corielle and McMurray aze to participate in a Responsible Hospitality Institute focus group on January 24, 2006, but that Ms. Cook noticed that Member Corielle was not on the reminder email list that was sent out, so Ms. Cook would check on that. Ms. Cook provided BLA members (except Mazshall) with their RTD eco-passes and the members completed required documentation for such. Ms. Cook also noted that emails relating to last month's BLA hearing regarding mitigation language drafted by Chair Gowen that is to be added to Notice of Show Causes and on changes to Zolo Grill Stipulation are included in this month's BLA packet. Ms. Cook advised that HB06-1106 (alcohol drug injuries health insurance exclusion), HB06-1120 (shipment of wine to personal consumers), SB06-068 (increase local licensing authorities power), and HB06-1144 (alcohol sales minor defense limit stings) are house and senate bills relating to alcohol issues at the state legislature this year and that Boulder is watchful particularly of SB06-068 and HB06-1144 as those bills impact BLA's local control. 11. Matters from the Assistant City Attorney. Other than review of the draft BLA Rules of Procedure that would be addressed in agenda item 12, Sandra Llanes stated that she had no additional matters. 12. Matters from the Chair and Members of the Authority. A) Discussion of draft BLA Rules of Procedure with publication of emails Chair Gowen commented that he has no further problems with the latest draft circulated via email. Member Parnes commented that he has a few minor suggestions. Sandra Llanes suggested that the Authority review the latest draft section by section via the electronic version displayed on television screens in the hearing chamber. No other Members commented that they had separate changes. Member Parnes suggested review of Section 1.3, but no changes were made to that Section. With Member Parnes' guidance, the Authority reviewed and made edits/additions on the electronic version to Section 4.1 (Neighborhood Boundaries), Section 6.7 (Prepazation of Record), and Section 6.8 (Burden of Proof). Member Marshall discussed adoption by the BLA of supplement rules under Section 2.10 (Supplemental Rules) and Mishawn Cook commented that she had been collecting supplemental rule ideas which aze included in her email dated December 28, 2005 that is also included in today's BLA hearing packet. Chair Gowen inquired with Lisa Spaulding and Jan Otto who were in attendance if they had any public comment regarding the draft Rules, and no public comment was provided by them or others to the Authority. 1/18/06 BLA Final Minutes Page 5 of 6 The above mentioned changes were then saved in the electronic copy of draft BLA Rules of Procedure. Member Mazshall moved, seconded by Parnes, to approve the Authority's endorsement of the draft BLA Rules of Procedure version reviewed and saved during today's hearing. Motion approved 5:0. B) Debriefmg from this hearing Chair Gowen commented that he felt that Authority members were getting better in moving through agendas efficiently. Member Mazshall commented that he felt the Authority's new stance to refrain from probing violating licensees for mitigating factors in show cause hearings was the proper procedure. C) Other matters from the Chair and Members Related to a question by Member Corielle, the Authority members and Sandra Llanes discussed the dismissal of the Trilogy show cause which was agenda item 4 on today's BLA agenda. ADJOURNMENT Chair Gowen stated that the Authority should adjourn, and thus this hearing was adjourned at 3:57PM. TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS 1:00 PM - 3'~ Wednesday of Every Month in City Council Chambers for yeaz of 2006. Attest: ,,~-= Mishawn J. Cook, Licensing Clerk 1/18/06 BLA Final Minutes Approved: v Peter Gowe hair Page 6 of 6