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Minutes - Beverage Licensing - 3/15/2006CITY OF BOULDER BEVERAGES LICENSING AUTHORITY ***MINUTES*~* WEDNESDAY, MARCH 15, 2006,1:00 P.M. SOULDER CITY COUNCIL CHAMSERS MUNICIPAL SUILDING - 2nd FLOOR 1777 EROADWAY, BOULDER, COLOR.ADO NAME OF BOARD/COMMISSION: Beverages Licensing Authority DATE OF MEETING: NAME/TELEPHONE OF PERSON PREPARING SUMMARY: March 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, 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 - February 15, 2006 Member Marshall moved, seconded by McMurray, to approve BLA 2/15/06 minutes as submitted. Motion approved 4:0 with Member Parnes abstained as he was not present at the 2/15/06 hearing Approval of Hearing Conductor Assignments for this hearing Chair Gowen requested public comment on the hearing conductor assignments, and none was provided. Member Parnes moved, seconded by Corielle, to approve the hearing conductor assignments listed on today's agenda. Motion approved 5:0. 2. Matters from the Boulder Police Department (SPD). Mishawn Cook noted that she had provided the Authority with documents which would be added to the record as an agenda exhibit. Officer Heather Frey appeared before the Authority. Officer Frey advised that she was scheduled to conduct an additional BPD LESS class for RHG members and their employees. Officer Frey also advised the Authority that 3/15/06 BLA Final Minutes Page 1 of 7 the BPD applied for and was awarded a State grant, a grant which runs from April 1, 2006 to Apri130, 2007 and which was issued in partnership with CU, and that such grant would be used to conduct Cops In Shops, to conduct two compliance checks a month to contact patrons appearing to be underage in establishments, and so that extra officers could be on- duty on University Hill for weekends such as Halloween and Homecoming. In addition, last drink data will be collected by both CU and BPD, and then that data will be collated by CU. Officer Frey advised that BPD officers have been given jurisdiction by CU's Police Chief on the CU campus and that Boulder's Police Chief has given jurisdiction to CU officers in the city to conduct underage alcohol operations. Member Corielle asked that Officer Frey keep the BLA updated on the State grant's results and Officer Frey confirmed that she would keep BLA apprised. In response to Member Marshall's question, Officer Frey confirmed that registration for BPD LESS classes is still running about one month out. 3. Matters from the Responsible Hospitality Group (RHG). Mishawn Cook commented to the Authority that they had been provided with copies of supplemental RHG materials that would be entered as two exhibits to this agenda item. Mark Karpowich, RHG chair, appeared before Authority. Mr. Karpowich advised that the RHG is organizing a pamphlet that Ms. Cook has agreed to hand out to applicants. Mr. Karpowich also commented that the RHG is organizing a group that will go door to door to contact new licensees with RHG membership information. Mr. Karpowich stated that Dave Adams of Downtown Boulder, Inc., who is an RHG member and was in attendance at RHG's last meeting, has volunteered to take on an RHG position to meeting with new licensees to inform them of Boulder's policies and procedures concerning liquor licensed establishments. Mr. Karpowich also advised that Marilyn Haas attended the last RHG meeting with a draft survey form for licensees that will be used in conjunction with the Responsible Hospitality Institute grant awarded to Boulder which the RHG critiqued for Ms. Haas. Mr. Karpowich commented that several months of BLA minutes are not currently available on the city's Liquor Licensing website, and Mishawn Cook replied that there recently had been some employee changes at the city, but that she would try to get approved minutes posted on the website soonest. Mr. Karpowich reminded there were no RHG members attending for show cause hearings at today's hearing, other then Cafe Blue which was a new RHG member. In response to Member Marshall's question, Mr. Karpowich clarified that the member who is attending RHG meetings for Zolo Grill, Jax Fish House, West End Tavern, and Rhumba is a general manager with responsibilities at all of the mentioned establishments. 4. Show Cause Hearing concerning a December 9, 2005 violation and whether the Tavern type liquor license held by Amante Walnut, LLC d/b/a Amante Coffee, 1035 Walnut Street, should be suspended or revoked. Member Parnes was the designated hearing conductor. Greg Buchheister, managing member of LLC licensee, was sworn in and testified as to mitigation. Bob Keatley from BPD advised that licensee would stipulate to the facts in this matter and that this licensee had agreed to waive the reading of procedures. Mr. Buchheister confirmed stipulation to the facts and waiver of procedures reading. Member Corielle moved, seconded by Gowen, to accept the stipulation to the facts. Motion approved 5:0. Mr. Buchheister provided a copy of the serving employee's notice of separation which was accepted by the Authority as an exhibit. 3/15/06 BLA Final Minutes Page 2 of 7 Mr. Buchheister advised that he brought copies of his employee's certificates of completion for BPD LESS class. Both Gowen and Parnes noted mitigating factors in this matter. Chair Gowen moved, seconded by Marshall, to set the penalty for this violation at 2 days served with 7 days held in abeyance fora 1 year period. Motion approved 5:0. Mr. Buchheister requested that the 2 day suspension be served on March 19 and March 20, 2006. Member Parnes moved, seconded by Corielle, to accept requested suspension dates of March 19 and March 20, 2006 for 2 day suspension to be served. Motion approved 5:0. 5. Show Cause Hearing concerning a December 9, 2005 violation and whether the Hotel- Restaurant type liquor license held by OSL, Corp. d/b/a Siamese Plate, 1575 Folsom Street, should be suspended or revoked. Member Corielle was the designated hearing conductor. Opas Sinprasong, licensee owner, was sworn in and testified as to mitigation. Bob Keatley from BPD advised that this licensee agreed to stipulate to the facts and waive the reading of the procedures in this matter. Mr. Sinprasong confirmed stipulation to the facts and waived of procedures reading. Chair Gowen moved, seconded by Parnes, to accept the stipulation to the facts. Motion approved 5:0. Chair Gowen noted that the violating server had checked the ID which often results in a 1 day penalty reduction. Chair Gowen moved, seconded by McMurray, to set the penalty for this violation at 4 days served with 10 days held in abeyance fora 1 year period. Motion approved 5:0. Mr. Sinprasong requested to serve 4 suspension dates on April 9 to 12, 2006. Chair Gowen moved, seconded by Marshall, to accept requested suspension dates of April 9, 10, 11, and 12, 2006. Motion approved 5:0. 6. Show Cause Hearing concerning a December 9, 2005 violation and whether the Hotel- Restaurant type liquor license held by Sushi Yuko, LLC d/b/a Yuko Asia, 1175 Walnut Street, should be suspended or revoked. Chair Gowen was designated hearing conductor. Zijian Zheng, licensee owner, was sworn in and testified as to mitigation. Bob Keatley from BPD advised that this licensee agreed to stipulate to the facts and agreed to waive reading of procedures. Mr. Zheng confirmed stipulation to the facts and waiver of procedures reading. Member Corielle moved, seconded by Marshall, to accept the stipulation to the facts. Motion approved 5:0. Chair Gowen noted that the ID was checked during this violation. Member Parnes moved, seconded by Marshall, to set the penalty for this violation at 4 days served with 10 days held in abeyance fora 1 year period. Motion approved 5:0. Mr. Zheng requested to serve 4 suspension dates on Apri19 to 12, 2006. Member Marshall moved, seconded by Corielle, to accept the requested 4 suspension dates of Apri19, 10, 11, and 12, 2006. Motion approved 5:0. 7. Show Cause Hearing concerning a December 10, 2005 violation and whether the Hotel- Restaurant type liquor license Meld by Huckleberry Foods, Inc. d/b/a Boulder Dushanbe Tea House, 1770 13t Street, should be suspended or revoked. Member Marshall was the designated hearing conductor. Lenny Martinelli, licensee owner, was sworn in and testified as to mitigation. Bob Keatley from BPD advised that the licensee would stipulate to the facts and that there was a waiver of the procedures reading. Mr. Martinelli confirmed the stipulation to facts and the waiver of the procedures reading. Chair Gowen moved, seconded by Corielle, to accept the stipulation to the facts. Motion approved 5:0. Mr. Martinelli provided a copy of a letter from the head server and copies of alcohol service policies which were accepted as an exhibit in this matter. Member Parnes noted 3/15/06 BLA Final Minutes Page 3 of 7 mitigating factors. Member Parnes moved, seconded by Gowen, to set the penalty for this violation at 3 days served with 11 days held in abeyance fora 1 year period. Motion approved 5:0. Mr. Martinelli requested to serve 3 suspension dates on March 20 to 22, 2006. Member McMurray moved, seconded by Corielle, to accept requested 3 suspension dates of March 20; 21, and 22, 2006. Motion approved 5:0. 8. Show Cause Hearing concerning a December 10, 2005 violation and whether the Hotel- Restaurant type liquor license held by Cafe Blue, LLC d/b/a Cafe Blue, 5280 Spine Road, Unit 103, should be suspended or revoked. Member McMurray was the designated Bearing conductor. Leslie Middleton and Kevin Middleton, licensee owners, were each sworn in and both testified as to mitigation. Bob Keatley from BPD advised that the licensee would stipulate to the facts and would agree to waive the reading of the procedures. Chair Gowen moved, seconded by Corielle, to accept the stipulation to the facts. Motion approved 5:0. Mark Karpowich, RHG Chair, and Brian Glasser, violating server, both provided public comment on mitigation. Member Marshall, Member Parnes, and Chair Gowen noted significant mitigating factors. Member Corielle moved, seconded by Gowen, to set the penalty for violation at 3 days served with 11 days held in abeyance fora 1 year period. Motion approved 5:0. Mr. Middleton requested to serve their 3 day suspension on March 25 (exempting March 26 as they are closed on Sundays), March 27 and 28, 2006. Member Marshall moved, seconded by Parnes to accept requested 3 suspension dates of March 25, 27, and 28, 2006. Motion approved 5:0. 9. Public Hearing and Consideration of a January 19, 2006 application from Tokyo, Inc. d/b/a Tokyo Joe's, 2525 Arapahoe Avenue, Unit H-2B, Charles (Todger) Anderson, Six South Lane, Englewood, CO, Investor, and Six Other Individuals each owning under a 10% Interest, for a New Hotel-Restaurant type liquor license. Member Parnes was the designated hearing conductor. William Wildberger, Esq., vice president and corporate counsel, appeared on behalf of applicant. Eddie Ryan a/k/a Edmund R. Campbell, registered manager, was sworn in, testified as to this application, and confirmed posting of the premises for required 10 day period. Member Parnes read hearing procedures to this applicant. Mishawn Cook noted for the Authority that a rnap of the proposed location was provided, as supplemental to preliminary findings, to this applicant and to the Authority members at today's hearing, and a copy of such map would be accepted as an agenda exhibit. There were no ex-parte communications or conflicts of interest disclosed by Authority members. No third parties requested interested party status of the Authority. Kelly Pietrs from Esquire Petition Services was sworn in and testified as to Neighborhood needs and desires petitioning results. No public comment was provided to the Authority. Member Parnes moved, seconded by Corielle, to approve this application for a new hotel-restaurant liquor license. Motion approved 5:0. 10. Public Hearing and Consideration of a January 27, 2006 application from Wild Oats Markets, Inc. d/b/a Vino 29, 160129t1' Street, Suite 1300, Wild Oats Markets, Inc. as a publicly-traded corporation with no individuals or entities holding over a 10% Interest, 3375 Mitchell Lane, Owner, for a New Retail Liquor Store type liquor license. Member Corielle was the designated hearing conductor. Mishawn Cook noted for the Authority that a map of the proposed location was provided, as supplemental to preliminary 3/15/06 BLA Final Minutes Page 4 of 7 findings, to this applicant and to the Authority members at today's hearing, and a copy of such map would be accepted as an agenda exhibit. Manuel Martinez, Esq. appeared as the attorney for this applicant. Chair Gowen disclosed an ex-parte communication with Christopher Leyes who is an employee of the corporate applicant. There was no objection to Chair Gowen's continued participation in this matter. No conflicts of interest were disclosed by Authority members. Max Scott of Oedipus, Inc. was sworn in and testified as to Neighborhood needs and desires petitioning results. Mishawn Cook noted that she had provided the Authority at today's hearing with several other exhibits from the applicant to be added to the agenda record. K. Michael Jackman, Jr., location manager, was sworn in, testified about this application, confirmed posting of premises for the required 10 day period, and addressed and provided the Authority with an additional exhibit in this matter. Freya Brier, corporate vice president, was sworn in and testified about this application.. Gary Zeff, Lain Adams, Patti Hazlett, and Mark Karpowich (RHG Chair), all business owners and managers in the designated Neighborhood, each were sworn in and testified. No further public comment was received: Member Marshall moved, seconded by Parnes, to approve this application for a new retail liquor store liquor license. Motion approved 5:0. 11. Public Hearing and Consideration of a January 30, 2006 application from Ananda, Inc. d/b/a Da Gabi Cucina, 3970 North Broadway, Unit 101, Noah Westby, 3140 Eastwood Court, Owner/Manager, for a Transfer of Ownership of aHotel-Restaurant type liquor license. Chair Gowen was the designated hearing conductor. Mishawn Cook noted that a map of proposed location was provided, as supplemental to preliminary findings, to this applicant and to the Authority members at today's hearing, and a copy of such map would be accepted as an agenda exhibit. Noah Westby, corporate applicant owner, was sworn in, testified as to this application, and confirmed posting of premises for the required 10 day period. Chair Gowen read the hearing procedures to this applicant. No ex-parte communications or conflicts of interest were disclosed. No third parties requested interested party status of the Authority. Member Corielle moved, seconded by Marshall, to approve this application for a change of ownership of ahotel-restaurant liquor license. Motion approved 5:0. 12. Matters, from the Licensing Clerk. A) Set neighborhood boundaries for the Apri119, 2006 hearing: i) Applicant: Kasa, LLC Trade Name: Kasa Location: 1468 Pearl Street, Suite 110, Boulder, CO, 80302 License Type: A New Hotel-Restaurant type liquor license Authority Defined Neighborhood North Boundary: Iris South Boundary: Baseline West Boundary: City Limits 3/15/06 BLA Final Minutes Page 5 of 7 East Boundary: 28th Street Member Marshall moved, seconded by Corielle, to set the neighborhood boundaries for the applicant as above listed. Motion approved 5:0. ii) Applicant: James Monk Trade Name: Green Spot Location: 1200 Pearl Street, Suite 15, Boulder, CO, 8030.1 License Type: A New Retail Liquor Store type liquor license Authority Defined Neighborhood North Boundary: Iris South Boundary: Baseline West Boundary: City Limits East Boundary: 28th Street Member Marshall moved, seconded by Corielle, to set the neighborhood boundaries for the applicant as above listed. Motion approved 5:0. B) Updates and Publication from Licensing Clerk Mishawn Cook advised the Authority that Round Midnight, tavern licensee, at 1005 Pearl Street will appear before the BLA during their April hearing, and Ms. Cook asked if the BLA would like to set Neighborhood boundaries for this same application. Member Marshall moved, seconded by Parnes, to decline to set neighborhood boundaries, thus to not require needs and desires petitioning, for the Round Midnight permanent modification at this time. Motion approved 5:0. Ms. Cook advised the Authority that the compliance check bill at the state legislature was killed. Ms. Cook finally noted that the draft BLA Rules of Procedure should be finally approved by the City Council on March 20, 2006, thus the Rules are expected to be effective on or about Apri120, 2006. Members McMurray and Corielle advised that they will be out for the April 19, 2006 BLA hearing. Mishawn Cook reminded the Authority, that in the absence of two BLA members, the three remaining BLA members are required to be present for a quorum to exist and that a113 BLA members must vote unanimously for motions to be approved or denied. 13. Matters from the Assistant City Attorney. Sandra Llanes advised that she had no matters to be addressed. 3/15/06 BLA Final Minutes Page 6 of 7 14. Matters from the Chair and Members of the Authority. A) Debriefing from this hearing Member McMurray requested that on the Request for Show Cause Hearing provided from the BPD, that a field be added to address how long a licensee has held their liquor license, and Mishawn Cook indicated that she would try to provide that information on that form to the Authority. Member Marshall requested that the Authority just be given a single copy of the BPD underage operatives driver's licenses in the materials for a show cause, and Mishawn Cook indicated that this would result in removing these additional copies by hand and that all copies might be required for the complete agenda record. Mishawn Cook commented that in future she will provide copies of all of the information contained in the certified mailing envelope for show causes, including copies of the penalty schedule and Bob Keatley's letter, so that the show cause agenda record will be complete in each instance. B) Other matters from the Chair and Members Member Brett Parnes commented that in the instance that he is not reappointed as a BLA member, he wished to express that it was a pleasure serving with the other Authority members. ADJOURNMENT Chair Gowen moved, seconded by each other Authority member, that the hearing should be adjourned, thus this hearing was adjourned at 3:43 PM. TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS 1:00 PM - 3rd Wednesday of Every Month in City Council Chambers for year of 2006. Attest: Approved: ishawn J. Cook, Licensing Clerk Peter G en, Chair 3/15/06 BLA Final Minutes Page 7 of 7