Loading...
HomeMy WebLinkAboutMinutes - Beverage Licensing - 4/19/2006CITY OF BOULDER BEVERAGES LICENSING AUTHORITY * * * MINUTES * * * WEDNESDAY, APRIL 19, 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: Apri119, 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, Peter Gowen, Cam Mazshall, Tnn McMurray and Steven Wallace Staff Present: Sandra Llanes, Assistant City Attorney, and Ann M. Lazge, Deputy City Clerk. QUASI-JUDICIAL MEETING OUTLINE OF AGENDA 1. Swearing in of newly appointed BLA member Steve Wallace. Steve Wallace was sworn in as a member of the BLA. As this would be the meeting where the annual election of BLA chair would take place, it was discussed and decided, since Member Corielle was not present, that such vote would take place at the next meeting when all members aze present. 2. Roll Call of Beverages Licensing Authority (BLA) Roll call was taken. Member Corielle was absent. Four Authority members were present. There was a quorum Approval of Minutes - March 15, 2006 Member Mazshall moved, seconded by McMurray, to approve the BLA 3/15/06 minutes as submitted. Member Wallace abstained as he was not present at the 3/15/06 heazing. Motion approved 3:0 Approval of Hearing Conductor Assignments for t6is hearing Chair Gowen requested public comment on the hearing conductor assignments, and none was provided. Member McMurray moved, seconded by Marshall, to approve the hearing conductor assignments listed on today's agenda. Motion approved 4:0. 4/19/06 BLA Final Minutes Page 1 of 5 3. Matters from the Boulder Police Department (BPD). Supplemental information was provided to Authority and accepted as an agenda exhibit. Officer Heather Frey appeared before the Authority. Officer Frey advised that the State Grant given jointly to CU and the City was officially signed and approved this morning. Officer Frey stated that for the month of April all three LESS classes aze full with the exception of 4 slots, and for May, BPD currently has about 10 people registered in the classes. Member Wallace asked if people could leave before the end of the LESS training classes. Officer Frey responded that participants are unable to leave because the BPD building is a secure location, all participants surrender their ID at the beginning of class, and the ID's are only returned at the completion of the training classes. 4. Matters from the Responsible Hospitality Group (RHG). Supplemental information was provided to Authority and accepted as an agenda exhibit. Mark Karpowich, RHG Chair, stated that the University of Colorado has received a grant that focuses on students' substance abuse issues. Mr. Karpowich provided the BLA with a RHG pamphlet and RHG business plan outline, both of which were also accepted as agenda exhibits. Mr. ICarpowich noted that as part of the Responsible Hospitality Institute grant awarded to Boulder that a licensee survey was sent to all on-premise licensees, which he felt would facilitate discussion between licensees. A RHG sign up sheet was available for applicants coming to this heazing to allow them to sign up for participation in the RHG. 5. Discussion regarding server training and the Colorado Restaurant Association Letter The Authority had first discussed moving this item to the end of the agenda. It was decided that initial information would be heard. Commander Ron Gosage and Officer Frey both from the BPD addressed the Authority on this agenda item Commander Gosage stated that the BPD provides the BPD LESS training class as a community service and will continue to provide such training. Officer Frey answered the items listed in Colorado Restaurant Association letter as follows: • The BPD LESS class last approximately 1 '/z hours. • People cannot leave BPD training; the BPD Building is a secure location. Class attendees are accompanied to the meeting room, and their ID's are retained and only returned to them at the end of the BPD training. • Testing has recently been added to the LESS class curriculum. • The LESS training does not "Role Play" as part of the curriculum. • Fake ID's are not the only focus of BPD classes, other issues aze addressed including over-serving. • Officers providing training aze well versed with liquor issues and can answer questions for class participants. In response to a question from Member Mazshall, Officer Frey replied that often the class participants aze not the establishment owner, but instead the waiters, servers, and bartenders. Member Wallace spoke about the history of the original BLA deliberations deciding to 4/19/06 BLA Final Minutes Page 2 of 5 endorse the BPD LESS class, stating that LESS class was tailored to Boulder and that the BLA feh the class would foster relationships between licensees and BPD officers. Chair Gowen commented that he would like BLA deliberations on this matter to be publically noticed, set as a sepazate agenda item on May's BLA hearing, and that the agenda item should be at the end of the order of such agenda. 6. Show Cause Hearing concerning a January 21, 2006 violation and whether the Hotel- Restaurant type liquor license held by Delgar Limited d/b/a Acqua Pazza,1801 13`h Street, Unit 180, should be suspended or revoked. Chair Gowen was designated heazing conductor. Silvano DeLuca, licensee corporate owner, and Austin Jones, former licensee employee, were each sworn in and testified as to mitigation. Gene Ciancio, Esq. appeared as licensee's attorney. Bob Keatley from BPD advised that licensee would stipulate to the facts with regazd to both chazges and the licensee has agreed to waive the procedures reading. Mr. Ciancio confirmed stipulation and waiver on behalf of the licensee. Member Mazshall moved, seconded by McMurray, to accept the stipulation to the facts. Motion approved 4:0. Mr. Ciancio reported that on February 28, 2006 this licensee ceased business operations. In the course of his testimony, Mr. Jones provided a confiscated fraudulent ID and an employee training list which was accepted as an agenda exhibit. Sandra Llanes commented regazding license surrender and that penalties should focus on community protection. In their deliberations, the Authority considered: (i) a suspension based on the penalty schedule, (ii) a fine in lieu of days served, and (iii) license revocation. Member McMurray moved, seconded by Mazshall, to revoke this license. Motion approved 3:1 with Gowen in opposition. The Authority then took a 5 minute break. When the Authority returned from the break, Chair Gowen disclosed that during the recess that be was approached by an interested party (who is the landlord's leasing agent from W W Reynolds Company) and that the interested party requested that this agenda item be reopened to hear additional testimony. Chair Gowen detailed the request to other Authority members for their consideration in reopening BLA deliberations. Member McMurray moved, seconded by Marshall, to re-open this agenda item and to accept the request for interested party status. Motion approved 3:0 with Wallace abstaining. Jeff Winger, on behalf of the landlord, was sworn in and provided testimony that they have a new tenant (who has extensive restaurant business experience), with a pending lease with a lease contingency about license transfer, but that a component of this license transfer is that the new tenant could begin to operate with a temporary license soon, in contrast with an estimated 90 day timeline to obtain a new license. The proposed tenant, Kevin Taylor, was sworn in and testified that they aze ready to take premise possession and that he was previously involved in the Dandelion Restaurant here in Boulder. When Chair Gowen inquired, no other third parties requested interested party status of the Authority. The Authority then discussed whether to re-open the penalty phase of the heazing to allow consideration of the interested party's position. Member Marshall moved, seconded by Wallace, to re-open penalty phase of the heazing. Motion approved 4:0. The Authority deliberated whether to uphold their original penalty decision or enter a new penalty in this matter. The Authority stated for the record the following aggravating factors: (i) the licensee operated in a fashion contrary to the community good, (ii) the violations occurred outside of 4/19/06 BLA Final Minutes Page 3 of 5 a compliance check, (iii) that intoxicated people were served, (iv) that persons were over- served, and (v) that underage persons were served. Members discussed that it was not in the community's best interest to leave the space vacant for 90 days since a new tenant had been found. Member Mazshall moved, seconded by McMurray, to rescind the prior license revocation, and instead institute a 28 day suspension to be served with 0 days held in abeyance. Motion approved 4:0. 7. Public Hearing and Consideration of a February 22, 2006 application from Kasa, LLC d/b!a Kasa, 1468 Pearl Street, Suite 110, Heun Choo Kim, Managing Member, and Wan Soo Kim, Member, both of 220 Summit Boulevard, Unit 301, Broom5ekl, CO, for a New Hotel-Restaursut type liquor license. Member Marshall was designated heazing conductor. Christy L. Anderson, Esq. appeazed on behalf of applicant. Ms. Anderson waived the reading of procedures. There were no ex-pane wmmunications disclosed by the BLA members and no persons requested interested party status of the Authority. Wan Soo Kim, applicant LLC member, was sworn in, testified about this application, and confirmed posting of the premises for the required 10 day period. Kelly Pietrs from Esquire Petitioning Services was sworn in and testified about Neighborhood needs and desires petitioning results. Ms. Pietrs provided to the Authority an additional copy of her petitioning summary, including percentages, which was entered as an exhibit. No public comment was provided to the Authority. Chair Gowen moved, seconded by Wallace, to approve this application for a new hotel-restaurant liquor license. Motion approved 4:0. 8. Public Hearing sud Consideration of a February 24, 2006 application from High Hat, LLC d/b/a Roued Midnight, 1005 Pearl Street, Charles Wadsworth, 3655 Berkley Avenue, Mauagiug Member, and Timothy Fitzgerald, 35642 Boulder Canyon Drive, Managing Member, for a Permanent Modification to a Tavern type liquor license. Member McMurray was designated hearing conductor. Timothy Fitzgerald, licensee LLC member, was sworn in, testified to this application, and confirmed premise posting for tbe required 10 day period. Member McMurray read the heazing procedures to this applicant. There were no ex-parte communications disclosed by the BLA members. No public comment was provided regarding this application and no third parties requesting interested party status of the Authority. Member Marshall moved, seconded by Gowen, to approve this permanent modification to a Tavern liquor license. Motion approved 4:0. 9. Public Hearing and Consideration of a February 27, 2006 application from James Monk d/b/a Green Spot, 1200 Pearl Street, Suite 15, James Monk, Oweer/Maeager, and George Bell, Investor, both of 993 East Moorhead Circle, Unit 1D, for a New Retail Liquor Store type liquor license. Member Wallace was designated hearing conductor. James Monk was sworn in and asked the Authority for a continuance stating that, on the advice of his attorney, be would like to amend his application to apply for a license in the name of a business entity, rather than in his personal name. Mr. Monk indicated a one month continuance would be sufficient to amend his application. Chair Gowen moved, seconded by McMurray, to accept this applicant's request for none-month continuance. Motion approved 4:0. 4/19/06 BLA Final Minutes Page 4 of 5 10. Matters from the Licensing Clerk: A) Set neighborhood boundaries for May 17, 2006 heazing: i) The Dairy Center for the Arts - 2590 Walnut Street, Boulder, CO 80302 Authority Defined Neighborhood North Boundary: Valmont extended South Boundary: Mazine extended West Boundary: 17d' Street East Boundary: 33rd Street Member McMurray moved, seconded by Wallace, to accept the above boundaries as the Neighborhood boundaries for this application Motion approved 4:0. 11. Matters from the Assistant City Attorney Sandra Llanes had no matters. 12. Matters from the Chair and Members of the Authority A) Debriefing from this hearing Chair Gowen commented about the Acqua Pazza agenda item 6, stating that interested parties do have legal standing in show cause heazings, but this issue infrequently azises. B) Other matters from the Chair and Members The Authority members and Sandra Llanes had further discussion about CRA letter with further deliberations to occur in May during the publically noticed heazing. Sandra Llanes stated that she could speak to Officer Heather Frey about state approval of BPD training. Lisa Spaulding provided public comment regarding BPD applying for such state approval. ADJOURNMENT Chair Gowen commented that the heazing should be adjourned, thus this heazing was adjourned at 4:22 PM. TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMTTTEES OR SPECIAL HEARINGS 1:00 PM - 3`d Wednesday of Every Month in City Council Chambers for yeaz of 2006. ~ ~. - _. ~ .__ Mishawn J. Cook, Licensing Clerk 4/19/06 BLA Final Minutes Page 5 of 5