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Minutes - Beverage Licensing - 2/15/2006CITY OF BOULDER BEVERAGES LICENSING AUTHORITY ***MINUTES*** WEDNESDAY, FEBRUARY 15, 2006,1:00 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: NAME/TELEPHONE OF PERSON PREPARING SUMMARY: February 15, 2006 Mishawn J. Cook - Licensing Clerk (303-441-3010) NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Priscilla Corielle, Peter Gowen, Cam Marshall, and Tim McMurray. 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. Four Authority members were present. Member Brett Parnes was absent. There was a quorum. Approval of Minutes - January 18, 2006 Member Corielle moved, seconded by Marshall, to approve BLA 1/18/06 minutes as submitted. Motion approved 4:0. Approval of Hearing Conductor Assignments for this hearing Mishawn Cook noted for the Authority that in the absence of Member Pames, hearing conductor assignment for agenda item 4 would instead revert to Chair Gowen. Chair Gowen requested public comment on the hearing conductor assignments, and none was provided. Member Marshall moved, seconded by Corielle, to approve the hearing conductor assignments listed on today's agenda. Motion approved 4:0. 2. Matters from the Boulder Police Department (BPD). Officer Heather Frey appeared before the Authority and advised that she has changed the BPD LESS class days from Sunday to Wednesday and Thwsday classes. Member Marshall asked how faz ahead of time classes are being reserved and Officer Frey stated that while 2/15/06 BLA Final Minutes Page 1 of 6 she does not register class attendees, but she believes that they aze approximately a month or two out. Officer Frey also commented that she is working with RHG to arrange private classes where large groups of licensee's employees need to be trained. Member Mazshall asked if Officer Frey can keep the BLA updated on how far ahead of time BPD LESS classes are being scheduled and Officer Frey confirmed that she would do so. After agenda item 8, Officer Heather Frey asked to be recalled before the BLA to clarify for the Authority that BPD classes aze now being pre-registered approximately 1 month ahead of time. In response to a question from Member McMurray, Officer Frey informed the Authority that she has developed a database of BPD LESS class attendees and that she could provide a list of class attendants from such database to the Authority. 3. Matters from the Responsible Hospitality Group (RHG). Mishawn Cook commented to the Authority that they had been provided at this hearing with copies of supplemental RHG materials that would be entered as exhibits to this agenda item. Mark Karpowich, RHG chair, appeared before Authority. Mr. Karpowich advised that the RHG is currently having valuable and organized meetings. Mr. Karpowich commented that the RHG is looking into obtaining the BARS program for RHG members. Mr. Karpowich also advised that the RHG is entertaining creating a group of RHG members for outreach to new applicants, new licensees, and problem licensees to help them in the licensing process. Mr. Karpowich brought to the BLA's attention (providing a Boulder news release that was accepted as another agenda exhibit) that the BPD conducted a compliance check at RHG member establishments, The Reef and The Foundry, and both licensees passed those checks. Mr. Karpowich further commented that the RHG is making a positive difference. 4. Show Cause Hearing concerning a November 11, 2005 violation and whether the Brew Pub type liquor license held by Boulder Beer, Inc. /Rockies Trademarks d/b/a Boulder Beer Company, 2880 Wilderness Place, should be suspended or revoked. Chair Gowen advised that he would take over as hearing conductor for this matter in Member Parnes' absence. Bob Keatley of BPD advised that a stipulation to the facts had been reached and that the licensee had agreed to waive the reading of procedures. Doug Christman, Esq. appeazed as licensee's attorney, and confirmed the stipulation and the waiver of procedures reading. Jeff Brown, corporate licensee's president and general manager, was sworn in and testified as to mitigation. Member Corielle moved, seconded by McMurray, to accept the licensee's stipulation in this matter. Motion approved 4:0. Chair Gowen noted numerous mitigating factors. Member McMurray moved, seconded by Marshall, to set the penalty for this violation at 3 days served with 11 days to beheld in abeyance for 1 year. Motion approved 4:0. Mr. Christman asked if this suspension would pertain to on-premise sales only oroff-premise consumer sales and product shipments also (this licensee has 4 liquor licenses total with one retail and 3 wholesale/manufacturer), and Mishawn Cook replied that she had inquired with the state on a sepazate matter regarding this scenario and the state responded that each license was separate and distinct. Chair Gowen directed licensee's counsel to the City Attorney's Office, if needed, for further research and clarification. Jeff Brown requested to serve the suspension on February 27, 28, and March 1, 2006. Member Mazshall moved, seconded by Corielle, to accept the requested 3 suspension dates of February 27, 28, and Mazch 1, 2006. Motion approved 4:0. 2/15/06 BLA Final Minutes Page 2 of 6 5. Show Cause Hearing concerning a November 11, 2005 violation and whether the Hotel-Restaurant type liquor license held by Laudi, Inc. d/b/a Laudisio Ristorante Italiano, 2785 Iris Avenue, should be suspended or revoked. Member Corielle was the designated hearing conductor. Bob Keatley of BPD advised the Authority that a stipulation to the facts and agreement to waive reading of the procedures had been reached. Mark Shapiro, Esq. appeared as licensee's attorney and confirmed the stipulation and waiver of procedure reading on behalf of the licensee. Mark Kretz, licensee's general manager, and Antonio Laudisio, licensee's vice president and founder, were each sworn in and testified as to mitigation. Chair Gowen moved, seconded by Marshall, to accept the stipulation in this matter. Motion approved 4:0. Member Corielle and Chair Gowen noted quite a number of mitigating factors. Chair Gowen moved, seconded by Marshall, to set the penalty for this violation at 3 days served with 11 days held in abeyance for 1 year. Motion approved 4:0. Mr. Kretz requested 3 suspension dates of Februazy 26, 27, and 28, 2006. Chair Gowen moved, seconded by Mazshall, to accept the requested 3 suspension dates of February 26, 27, and 28, 2006. Motion approved 4:0. 6. Show Cause Hearing concerning a November 12, 2005 violation and whether the Retail Liquor Store type liquor license held by Boulder Wine Merchant, Ltd. d/b/a Boulder Wine Merchant, 2690 Broadway, should be suspended or revoked. Chair Gowen was the designated hearing conductor. Bob Keatley of BPD advised that a stipulation to the facts and waiver of the reading of the procedures had been agreed to by the licensee. James Christophe, Esq. appeazed as licensee's attorney and confirmed the stipulation and waiver of procedures reading. Wayne Belding, licensee owner, and Sally Mohr, licensee owner and employee, were each sworn in and testified as to mitigation. Member Corielle moved, seconded by Marshall, to accept the stipulation in this matter. Motion approved 4:0. Chair Gowen noted numerous mitigating factors; however, the Authority noted that licensee's employee did not check the ID in this case. Member McMurray moved, seconded by Mazshall, to set the penalty for this violation at 1 day served with 8 days held in abeyance for 1 yeaz. Motion approved 4:0. Mr. Christophe requested 1 suspension date of February 27, 2006. Member Marshall moved, seconded by Corielle, to accept the requested 1 suspension date of February 27, 2006. Motion approved 4:0. 7. Show Cause Hearing concerning a November 12, 2005 violation and whether the Hotel-Restaurant type liquor license held by PerDew, LLC d/b/a John's Restaurant, 2328 Pearl Street, should be suspended or revoked. Member Marshall was the designated hearing conductor. Ashley Maxwell, licensee owner, was sworn in and testified as to mitigation. Bob Keatley of BPD advised that a stipulation to the facts and waiver of the reading of the procedures had been ageed to by the licensee. Ms. Maxwell confirmed the stipulation and the waiver of procedures reading. Ms. Maxwell brought a summary server training list that was accepted as an agenda exhibit. Chair Gowen moved, seconded by McMurray, to accept the stipulation to the facts. Motion approved 4:0. Member Marshall noted significant mitigating factors. Ms. Maxwell asked the Authority how deliberations for penalties are determined, and Chair Gowen explained consideration the totality of mitigating and aggravating factors. Chair Gowen moved, seconded by Corielle, to set the penalty for this violation at 3 days served with 11 days to be held in abeyance for 1 year. Motion approved 4:0. Ms. Maxwell requested 3 suspension dates of 2/15/06 BLA Final Minutes Page 3 of 6 March 28, 29, and 30, 2006, thus to be given special consideration to allow longer than 30 days to serve her suspension days. Chair Gowen moved, seconded by Mazshall, to accept the requested 3 suspension dates as March 28, 29, and 30, 2006. Motion approved 4:0. 8. Public Hearing and Consideration of a January 3, 2006 application from Blue River Distributors, Inc. d/b/Market Square Liquors, 1832 30` Street, Suite B, Tammy Dowell, 4975 East 115` Avenue, Thornton, CO, President/Manager, for a Transfer of Ownership of a Retail Liquor Store type liquor license. Member McMurray was the designated hearing conductor. Tammy Dowell was sworn in, testified about this application, and confirmed under oath completion of mandatory premise posting fora 10 day period. Hearing procedures were read to this applicant. No ex-parte communications or conflicts of interest were disclosed by Authority members. No third parties requested interested party status of the Authority. No public comment was provided to the Authority in this matter. Chair Gowen moved, seconded by Corielle, to approve this transfer of ownership of the retail liquor store liquor license. Motion approved 4:0. 9. Matters from the Licensing Clerk. A) Set neighborhood boundaries for the March 15, 2006 hearing: i) Applicant: Tokyo, Inc. Trade Name: Tokyo Joe's Location: 2525 Arapahoe Avenue, Unit H-2B, Boulder, CO, 80302 License Type: A New Hotel-Restaurant type liquor license Authority Defined Neighborhood North Boundary: Valmont to Edgewood to Balsam South Boundary: Baseline West Boundary: Broadway East Boundary: 55~' Street Member Mazshall moved, seconded by McMurray, to set the neighborhood boundaries for the applicant as above listed. ii) Applicant: Wild Oats Market, Inc. Trade Name: Vino 29 Location: 1601 29`" Street, Boulder, CO, 80301 License Type: A New Retail Liquor Store type liquor license Authority Defined Neighborhood North Boundary: Valmont to Edgewood to Balsam 2/15/06 BLA Final Minutes Page 4 of 6 South Boundary: Baseline West Boundary: Broadway East Boundary: 55th Street Manuel Martinez, Esq. appears as applicant's attorney and provided the Authority with documents displaying suggested boundaries which were accepted as an agenda exhibit. Member Marshall commented that the boundaries should be the same as those for the Tokyo Joe's application. Member Mazshall moved, seconded by McMurray, to set the neighborhood boundaries for the applicant as above listed. Motion approved 4:0. B) Updates and Publication from Licensing Clerk Mishawn Cook advised the Authority that boazd and commission applications for appointment to the BLA are still being accepted until February 24, 2006. Ms. Cook advised the Authority that a temporary license has been issued to Da Gabi Cucina in a transfer of ownership application to be heard by the Authority next month. Ms. Cook noted that the draft BLA Rules of Procedure are to be presented to the City Council on February 21, 2006. Ms. Cook also brought to the attention that state legislative hearings are continuing on HB 06-1144. Ms. Cook also noted that there were emails included in the Authority's packet on HB 06-1144, a change to the draft BLA Rules concerning records retention, and an email sent to Member Corielle which was also circulated to City Council. 10. Matters from the Assistant City Attorney. Sandra Llanes advised that Mishawn Cook had informed the Authority of upcoming presentation on February 21, 2006 of the draft BLA Rules of Procedure to City Council. Ms. Llanes also stated that she will follow up on the question regazding the violation by Boulder Beer Company as to if the suspension would also curtail sales under their manufacturers/wholesale liquor licenses. 11. Matters from the Chair and Members of the Authority. A) Debriefing from this hearing Member Marshall commented that a %z mile neighborhood boundary was too small. Chair Gowen commented that the draft BLA Rules state not less than''/z mile radius. The Authority discussed show cause deliberations and selections of suspension dates considering the size and days open per week of the violating establishment. Chair Gowen reminded that such determinations were up to the discretion of the Authority. The Authority discussed how to determine what level of financial resources is sufficient for new licensed establishments. B) Other matters from the Chair and Members Chair Gowen commented that show cause hearings are now better and more efficient as a result of informing violating licensees of the mitigating factors which will be considered by 2/15/06 BLA Final Minutes Page 5 of 6 the Authority in their deliberafions in Notices of Show Cause. Mishawn Cook advised that the text as to mifigating factors has been added to all notices that are now being sent out. ADJOURNMENT Chair Gowen stated that the Authority should adjourn, and thus this hearing was adjourned at 3:03 PM. TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS 1:00 PM - 3'a Wednesday of Every Month in City Council Chambers for year of 2006. Attest: ®Mishawn J. Cook, Licensing Clerk Approved: Peter Gowe Chair 2/15/06 BLA Final Minutes Page 6 of 6