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Minutes - Beverage Licensing - 5/17/2006CITY OF BOULDER BEVERAGES LICENSING AUTHORITY ***MINUTES*** WEDNESDAY, MAY 17, 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: May 17, 2006 NAME/TELEPHONE OF PERSON PREPARING SUNIIVIARY: Mishawn J. Cook - Licensing Clerk (303-441-3010) NAMES QF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Priscilla Corielle, Peter Gowen, Cam Mazshall, Tnn McMurray and Steve Wallace Staff Present: Sandra Llanes, Assistant City Attorney, and Mishawn J. Cook, Licensing Clerk. QUASI-JUDICIAL MEETING OUTLINE OF AGENDA 1. Roll Call of Beverages Licensing Authority (BLA) Roll call was taken. Member McMurray was absent. Four Authority members were present. There was a quorum. Member McMurray joined the hearing immediately after this matter of business. Approval of Minutes - April 19, 2006 Member WalIace reqixested that a clarifying sentence be added to page 4 of 5 of the 4/19/06 minutes in agenda item 6. Member Wallace then moved, seconded by Mazshall, to approve the BLA 4/19/06 minutes as amended. Morion approved 4:0 with Member Corielle abstaining from ttte vote as she was not present at the 4/19/06 hearing. Election of the BLA Chair Member Wallace mentioned that it had been past practice of the BLA for the member who was in the last yeaz of their term to act as Chair. Members Corielle and Mazshall commented that the felt Chair Gowen had done a good job as chair, and as such, they were willing to allow him to continue in the position. Chair Gowen disclosed that he has interviewed for a job at the state that would require he resign from the BLA if hired, thus Chair Gowen suggested that a vice chair also be elected to take over as chair in that instance. Member Corielle stated that she would be willing to act as vice chair. Member McMunay moved, 5/17/06 BLA Final Minutes Page 1 of 7 seconded by Mazshall, that Gowen should act as chair and Corielle should act as vice chair. Motion approved 5:0. Approval of Hearing Conductor Assignments for this hearing Chair Gowen requested public comment on the hearing conductor assignments, but none was provided. Member Corielle moved, seconded by Marshall, to approve the hearing conductor assignments listed on today's agenda. Motion approved 5:0. 2. Matters from the Boulder Police Department (BPD). Officer Heather Frey appeazed before the Authority and advised the Authority that the BPD conducted 3 LES5 classes last month with 118 attendees. Officer Frey also stated that the 2 LESS classes in May were full, and that the BPD was now taking registrations for June. Officer Frey stated that she was working on compliance checks and Cops in Shop operations under the awarded joint CU/City grant. Chair Gowen asked how graduation weekend went, and Officer Frey replied that it had been busy, but that the weekend had gone well. 3. Matters from the Responsible Hospitality Group (RHG). Mark Karpowich, RHG Chair, stated that the RHG had changed their meeting date because it would conflict with graduation, and as such, the RHG planned to meet on May 18, 2006 so he had nothing to report from the RHG meeting. The RHG members were glad that graduation had gone quietly; as part of RHG membership, members agree not to offer drink specials graduation morning. Mr. Karpowich commented that as to agenda item 4, the Republic of Boulder was a new RHG member and they were very involved. Mr. Karpowich also advised the BLA that the Outback Saloon who will appeaz in agenda item 5, has shown interest in RHG attendance and membership. Supplemental information was provided to Authority and accepted as an agenda exhibit. 4. Show Cause Hearing concerning February 24, 2006 and January 29, 2006 violations and whether the Brew Pub type liquor license held by Republic of Boulder, LLC d/b/a Republic of Boulder, 1095 Canyon Boulevard, should be suspended or revoked. Member Corielle was the designated hearing conductor. Paul Le Roux, Esq. appeazed as licensee's attorney. Gregory Hartmann, licensee owner, was sworn in and testified as to mitigation. Bob Keatley of BPD advised that the licensee would stipulate to the facts and that the licensee agreed to waive the reading of procedures. Mr. Le Roux confirmed the stipulation and reading waiver on his client's behalf. Member Marshall clarified that the stipulation was for 2 separate violations of 2 counts each, which Mr. Keatley verbally confirmed, and Mr. Le Roux verbally accepted. Chair Gowen moved, seconded by McMurray, to accept the stipulation. Motion was approved 5:0. Mr. Le Roux provided a notebook of exhibits which was accepted as an agenda exhibit, and Mr. Le Roux reviewed notebook contents for the Authority. Lizzette Casarin, licensee employee, and Todd Lambert, licensee manager, were each sworn in and both testified further as to mitigation. Ms. Casarin commented as to the licensee's new RHG membership. 5/17/06 BLA Final Minutes Page 2 of 7 Mr. Le Roux expressed confusion as to the violation dates. Mishawn Cook then provided complete copies of both of violation affidavits to Mr. Le Roux. Mr. Keatley verbally corrected a typo on February 24, 2006 Show Cause that mistakenly listed the violation as occumng on January 24, 2006. Sandra Llanes clarified on the record that, even in the event that notice was not provided, Mr. Le Roux agreed to waive notice for both the January 29, 2006 and for the February 24, 2006 violations. Mr. Le Roux and Mr. Hartmann agreed to such waiver for show cause notices. Chair Gowen moved, seconded by Marshall, that the penalty for these violations be 10 days served with 20 days held in abeyance for the 2 counts of service to a minor and 10 days served with 20 days held in abeyance for the 2 counts of conduct of establishment, thus that the total suspension be 20 days served and 40 days to beheld in abeyance for 1 yeaz. Motion approved 5:0. Mr. Hartmann requested to serve the 20 days from June 1 to June 23, 2006 (exempting Mondays on which they aze closed). Chair Gowen moved, seconded by Mazshall, to accept the requested dates and for the 20 day suspension to be served from June 1, 2006 to June 23, 2006. Motion approved 5:0. 5. Public Hearing and Consideration of a License Renewal Application from Cobbers Outback, Inc. d/b/a Outback Saloon, 314128th Street, William Wolvington, Manager/ President, for a Tavern type liquor license. Chair Gowen was the designated hearing conductor. William Wolvington, licensee owner, was sworn in, testified in this matter, and confirmed under oath premise posting for the required 10 day period prior to the hearing. No third parties requested interested party status of the Authority. Nicolas Ruschoff, licensee manager, was also sworn in and testified regazding mentioned enforcement incidents. Mishawn Cook stated that this matter was brought before the Authoriy due to enforcement incidents reviewed during the license renewal process. Ms. Cook provided the Authority with documents from Mr. Wolvington, which were accepted into the record as an agenda exhibit. Member Mazshall moved, seconded by Corielle, to approve the annual license renewal for this Tavern liquor license. Motion approved 5:0. 6. Public Hearing and Consideration of a License Renewal Application from Sun Deli and Liquor, LLC d/b/a Sun Deli and Liquor, 2299 Pearl Street, Unit B-1, Morgan Catherwood, Manager/President, for a Retail Liquor Store type liquor license. Member Marshall was the designated hearing conductor. Morgan Catherwood, licensee owner, was sworn in, testified in this matter, and confirmed under oath posting of the premise for the required 10 day period prior to the hearing. Mishawn Cook advised the Authority that this license renewal was filed late after the license expiration date, and as such, BLA Rules of Procedure require that a renewal hearing before the Authority be held. Chair Gowen moved, seconded by Corielle, to approve the annual license renewal for this Retail Liquor Store liquor license. Motion approved 5:0. 7. Public Hearing and Consideration of a February 27, 2006 application from Fast Break, LLC d/b/a Green Spot, 1200 Pearl Street, Suite 15, James Monk, Manager/Investor, and George Bell, Investor, both of 993 East Moorhead Circle, Unit 1D, for a New Retail Liquor Store type liquor license. 5/17/06 BLA Final Minutes Page 3 of 7 Member McMurray was the designated hearing conductor. Diane Goldenstein, Esq. appeared as attorney for the licensee. James Monk, LLC applicant member and manager, and George Bell, LLC applicant member, were each sworn in and tesfified as to this application, and Mr. Monk confirmed under oath posting of the premise for the required 10 days prior to the hearing. Ms. Goldenstein waived the reading of hearing procedures on behalf of the client. No ex-pane communications or conflicts of interest were disclosed by the Authority members. No third parties requested interested party status of the Authority. Ms. Goldenstein advised the Authority that the applicant would also be applying for a delivery permit for their Retail Liquor Store Bcense, which they understood from Mishawn Cook is allowed under this license type but the germit is administered sepazately by the state. Max Scott of Oedipus, Inc. was sworn in and testified as to Neighborhood needs and desires petitioning results. Member Wallace clarified with the applicant that it is not their intent to serve fortified alcohol or single serve alcohol, but instead to operate an upper scale liquor store. Chair Gowen moved, seconded by Corielle, to approve this application for a new Retail Liquor Store liquor license. Motio® approved 5:0. 8. Public Hearing and Consideration of a March 23, 2006 application from The Dairy d/b/a The Dairy Center for the Arts, 2590 Walnut Street, anon-profit corporation with a business address of 2590 Walnut Street, Boulder, CO, for a New Arts type liquor license. Member Wallace was the designated hearing conductor. Mollie Fager, applicant's executive director, and Robert Lopez, applicant's cafe manager, were each sworn in, testified as to this application, and confirmed under oath posting of the premise for the required 10 day period. Hearing procedures were read to this applicanR. No ex-parte communications or conflicts of interest were disclosed by the Authority members. No third parties requested interested party status of the Authority. Ms. Fager entered a summary of Neighborhood needs and desires petitioning results as an agenda exhibit. No public comment was received regazding this application. Member McMurray moved, seconded by Gowen, to approve the application for a new Arts liquor license. Motion approved 5:0. 9. Public Hearing and Consideration by the Beverages Licensing Authority concerning the Boulder Police Department's Liquor Establishment Seller and Servers class and the Colorado Restaurant Association's letter dated March 30, 2006 regarding training. Mishawn Cook delivered a note to the BLA from a representative of the Colorado Restaurant Association requesting that agenda item 9 be moved ahead in the order so that they would proceed after agenda item 4. Chair Gowen asked if other BLA members or other applicants/licensees present objected to deliberating on agenda item 9 first, and hearing no objections, this agenda item continued out of order. Christine O'Donnell, executive vice president with the Colorado Restaurant Association, appeared before the Authority to request that the BLA expand the Boulder training requirements to encompass other available trainings, including the ServSafe program. Tom Wallin with Old Chicago/Rock Bottom Restaurants provided the Authority with the ServSafe training booklet as an agenda exhibit, and Mr. Wallin spoke to the Authority about such training. Officer Heather Frey with BPD commented that the BPD LESS class participants cannot sign in then leave since the classes are held in a secure building, that the BPD holds class attendees ID's until the end of each class, and that the BPD now tests class participants 5/17/06 BLA Final Minutes Page 4 of 7 requiring a test score of over 80% correct before a certificate of completion is given. Officer Frey stated that there is no role playing in the LESS class, that now classes aze held on Wednesdays and Thursdays (rather than just Sundays), and that she will teach classes on- site at a licensee's premise if they have enough people to fill a class. Officer Frey further advised that the BPD does not anticipate providing their curriculum for state review to be approved under the responsible vendors-standards as there aze criteria that BPD does not meet. Mazk Karpowich, RHG chair, spoke to the Authority regazding expansion of Boulder's acceptance of training from just BPD classes to classes from a variety of sources. Sandra Llanes advised the Authority regazding the Responsible Alcohol Beverage Vendor Act, stating that the Act is a recent change to state law and Ms. Llanes reviewed Boulder's mandatory training requirements. Members Wallace, Mazshall, and McMurray expressed their desire for a community connection with licensee via the Boulder based BPD LESS training class. Member Marshall moved that, seconded by Wallace, due to lack of compelling information, the Authority declined to make a change, thus the Authority would keep the requirement for their mandatory training policies as they aze at this time, with recognition that BLA will accept any in-house server training or other server training as a mitigating factor for violation deliberations. Motion approved 3:2 with Chair Gowen and Member Corielle opposed. Sandra Llanes reminded Mishawn Cook that changes maybe needed to the city's,Tastings application, and the Authority uniformly agreed that the wording on the Tastings application should be changed to mirror state law. 10. Matters from the Licensing Clerk: A) Consideration of Sample Petitioning Forms for Oedipus, Inc. Mishawn Cook advised that, in accordance with the recently approved BLA Rules of Procedure, the Authority should consider the sample petitioning pages provided for the 3 applications: Pei Wei Asian Diner, California Pizza Kitchen, and Rumbi Island Grill which aze to be heazd next month. Member Corielle moved, seconded by McMurray, to allow the use of the other petition format submitted by Oedipus, Inc. Motion approved 5:0. B) Set neighborhood boundaries for June 21, 2006 hearing: i) California Pizza Kitchen - 1711 29a' Street, Suite 1180, Pei Wei Asian Diner- 1675 29`~ Street, Suite 103, and Rumbi Island Grill at 29a' Street, Space 1272. Mishawn Cook advised the Authority that Max Scott of Oedipus, Inc. would be conducting the Neighborhood boundaries petitioning for all of the above applicants and that documents suggesfing boundaries had been submitted which would be accepted as agenda exhibits. Ms. Cook further advised that Mr. Scott had requested that the Authority set the same boundaries for all three applications as they were all located at the 29a' Street Development. The Authority inquired with its members and the public if there were any objections to consideration of the three boundaries at the same time, and hearing none, proceeded with the deliberations of all three applications. The Authority also commented that they should also consider the boundaries for the Islands Fine Burgers and Drinks application since it is also at the 29a' Street Development. 5/17/06 BLA Final Minutes Page 5 of 7 Authority Defined Neighborhood North Boundary: Valmont South Boundary: Baseline West Boundary: 20th Street East Boundary: Eisenhower extended Member McMurray moved, seconded by Wallace, to accept the above boundaries as the Neighborhood boundaries for the Pei Wei Asian Diner, the California Pizza Kitchen, the Rumbi Island Grill, and the Islands Fine Burgers and Drinks applications. Motion approved 5:0. ii) Hatton Creamery- 1964 13`h Street Authority Defined Neighborhood North Boundary: Alpine South Boundary: Aurora West Boundary: 4`~ Street East Boundary: 28a' Street Member Marshall moved, seconded by Wallace, to accept the above boundaries as the designated Neighborhood boundaries for this application. Motion approved 5:0. C) If needed, designation of boundaries for modifications for Prima Ristorante and Illegal Pete's. Mishawn Cook advised that a permanent modification would be coming to the Authority for Prima Ristorante during the June BLA hearing. The Authority discussed and declined to set separate neighborhood boundaries for the modification since the premise occupancy would not change. The Authority then discussed that the Illegal Pete's on Peazl Street has filed a permanent modification to switch the baz area to the front of the restaurant and the dining area to the back of the restaurant, and Mishawn Cook clarified that the modification will not increase the occupancy. The Authority then discussed that putting the bar area in the front of restaurant will make the bar more visible, and as such, the Authority asked that Ms. Cook inform the licensee to be prepazed to address the Neighborhood needs and desires for the permanent modification during their permanent modification hearing in June. D) Approval of Senate Bill 68. Mishawn Cook noted for the Authority that a change to the new BLA Rules of Procedures will likely be required as a bill was recently signed into law which combines hearing deliberations for license transfers and any modifications, and Sandra Llanes stated that she would look into if a BLA Rule change would be required. il. Matters from the Assistant City Attorney 5/17/06 BLA Final Minutes Page 6 of 7 Sandra Llanes had no matters. 12. Matters from the Chair and Members of the Authority A) DebrieFmg from this hearing Member Mazshall made a few comments regarding the enforcement database, and expressed the importance of scrutinizing the data from that source in an attempt to understand the circumstance of each listed incident. B) Other matters from the Chair and Members Chair Gowen stated that former BLA member, Brett Parnes, has expressed interest in a social function with other BLA members. BLA members expressed interest in that social function, and they all discussed times and dates which would work best for them. Chair Gowen said that he would call or send out emails individually to organize the function. ADJOURNMENT The Authority expressed uniformly interest in adjournment, thus this hearing was adjourned at 5:02 PM. 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: ishawn J. Cook, Licensing Clerk Approved: J J~ ~-, riscill Co elle, Vice-Chair 5/17/06 BLA Final Minutes Page 7 of 7