Minutes - Beverage Licensing - 7/19/2006CITY OF BOULDER
BEVERAGES LICENSING AUTHORITY
* * * MINUTES * * *
WEDNESDAY, JiJLY 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: July 19, 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 Corielie, Peter Gowen, Cam Marshall, and Steve Wallace
StaflPreseat: Sandra Llanes, Assistant City Attorney, and Mishawn J. Cook, Licensing Clerk.
QUASI-.YUDICIAL 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.
Approval of Minutes - June 21, 2006
Member Wallace suggested a sentence detetion on page 2 in agenda item 3. Member
Wallace then moved, seconded by Corielie, to approve BLA 6/21/06 minutes as amended.
Motion approved 3:0 with Chaa Gowen abstainina due to his absence last month.
Approvat of Hearing ConduMor Asaignments for t6is hearing
Chair Gowen requested public comment on hearing wnductor assignments, but none was
provided. Member Marshall moved, seconded by Corielle, to approve hearing conductor
assignments listed on today's agenda. Motion approved 4:0. Chair Gowen advised that
agenda items that had been assigned to McMurray would instead be t~andled by him.
2. Matters from the Boulder Police Department (BPD).
Officer Heather Frey appeared for BPD. Officer Frey provided an agenda e~ibit
summarizing BPD's first quarter results from a State grant which was accepted into the
record Member Marshall requested that the BLA be provided last drink data and Officer
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Frey commented that she could provide this information, which was being compiled by CU,
but she recalled that there was only one licensee mentioned in last drink data results. Officer
Frey then advised the Authority that the police contract with the union only allows full time
officers. Member Wallace commented that the city might want to renegotiate to allow part-
time officers, as circumstances may have changed such that officers aze willing to fill part-
time positions. Officer Frey advised: (i) that there are 3 BPD classes in July, (ii) that the July
classes still have 6 slots available, (iii) that there are 2 classes in August, (iv) there aze 32
people currently signed up in August classes, and (v) that about 5% of BPD class
participants fail the test administered at the end of BPD class. Officer Frey further
commented that of the 5% of class attendants that fail, she feels that language may be the
barrier and that she always welcomes class attendants to bring someone who can translate
the course content for them, but few class attendants do so. Officer Frey advised that with
fending from the Responsible Hospitality Institute, the BPD L.E.S.S. class is being
translated into Spanish to help with this issue. Member Wallace commented that the Asian
American Restaurant Association, which has a Northern Colorado chapter, may be able to
help translate the BPD class into Asian languages.
3. Matters from the Responsible Hospitality Group (RHG).
Mark Karpowich, RHG Chair, appeared before the Authority. Mr. Kazpowich provided two
documents which were accepted as agenda exhibits. Mr. I{arpowich commented about: (i) a
summary of the last RHG meeting, (ii) RHG focus group to discuss enhancing BPD L.E.S.S.
class and that this focus group will meet on July 24, 2006, (iii) creation of RHG membership
stickers, and (iv) that leapfrog, llc in agenda item 6 was in attendance at the last RHG
meeting. Member Marshall stated that he would attend the RHG focus group on July 24,
2006. Member Wallace asked if the Republic of Boulder was attending RHG and Mr.
Karpowich stated that, while they were not in attendance at the last meeting, the Republic of
Boulder attending RHG meetings regularly and assisted with new RHG brochure.
4. Public Hearing aad Consideration of a License Renewal Application from Sushi Yuko,
LLC d/b/a Yuko Asia, 1175 Waluut Street, Chao Hui Chen, Managing Member, for a
HotehRestauraut type liquor license.
Member Wallace was designated hearing conductor. Chao Hui Chen (licensee co-owner),
Jason Taylor (licensee's accountant), and Yuen Yuen (licensee's assistant) were all sworn
in, testified as to this renewal, and confirmed under oath posting of the premise for the
required 10 day period. Member Wallace read the hearing procedures to the licensee.
Mishawn Cook advised that this licensee appeared, in accordance with BLA Rules, because
the renewal application was filed after the 45 day deadline prior to the expiration date and
because the licensee declined to sign an agreement to voluntarily suspend alcohol safes if
the renewed license was issued after the expiration date. Licensee provided documents
(which were accepted as an agenda exhibit) related to licensee's business entity status and
there was discussion about licensee's changing from an LLC to a Corporation and back
again. Member Wallace called for public comment, and none was provided. Chair Gowen
moved, sewnded by Corielle, to approve this application for license renewal. Motion
approved 4:0.
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5. Public Hearing and Consideration of a License Renewal Appplication from Super
America, LLC d/b/a Everyday Stores,12~513`s Street, Harbans Lab,
Maaager/Member, and Gurdev Kang, Manager/ Member, fora 3.2% Beer Off-
Premiae type liquor license.
Member Corielle was the designated hearing conductor. Diane Goldenstein, Esq. appeared
as licensee's attorney. Harbans Lali (licensee co-owner) was sworn in, testified about this
license renewal, and confirmed under oath posting of the premise for the required 10 day
period. Ms. Goldenstein confirmed this licensee's waiver of the 30 day written hearing
notice. Member Marshall summarized the show cause proceedings concerning this licensee
that occurred during the BLA June hearing and commented that this licensee appeazed to
have proactively called the police for incidents listed on the enforcement database sheets
which are included in BLA packet on this agenda item. This licensee provided documents
(which were accepted as an agenda exhibit} related to employee attendance at the BPD
L.E.S.S. class, and there was discussion concerning server training at this premise. Nijib
Shakya (licensee's manager} was sworn in and testified concerning this matter. No public
comment was provided about this application to the Authority. Member Mazshall moved,
seconded by Gowen, to approve this application for license renewal. Motion approved 4:0.
6. Public Hearing and Consideration ottian April 24, 2006 appplication from leapfrogg, Ilc
d/b/a Black Cat Restaurant, 1964 13~ Street, Gillian Skokan, Owner, and Eric Skokan,
Owner, both of 1595 Sumac Avenue, for a New Hotel-Restaurant type liquor license.
Chair Gowen was the designated heazing conductor and heazing procedures were read to this
applicant. Eric Skokan (LLC applicant co-owtrer) was sworn in, testified about this
application, and confirmed under oath posting of the premise for required 10 day period.
Mishawn Cook noted for the Authority that this applicant had provided documents, which
were accepted as an agenda exhibit, amending the applications and trade name from Hatton
Creamery to new name of Black Cat Restaurant. No ex-parte communications or conflicts of
interest were disclosed by Authority members. Mr. Skokan provided needs and desires
Neighborhood petition results and a proposed menu which were also accepted as agenda
exhibhs. The Authority discussed the Neighborhood petitioning results as approximately
half of the residents that signed the petition lived outside of the Neighborhood beundazies.
Sandra Llanes advised that there should be deliberations on if applicant bad met the pruna
facie case showing needs and desires for approval. Jan Otto gave public comment, not
specifically against restaurant, but against approval based on presented needs and desires
evidence. No other public comment was received Member Wallace moved, seconded by
Mazshall, to approve this application for a new Hotel-Restaurant license with anon-
administrative renewal and a stipulation that at the time of first annual license renewal the
applicant will bring to the Authority additional evidence that the designated Neighborhood
needs and desires are in favor of restaurant. Motion approved 4:0.
7. Public Hearing and Consideration of a May 24, 2006 application from Albertson's,
LLC d/b/a Albertson's Food Center No. 825, 2900 Iris Street, Albertson's Holdinggs
LLC, Sole Member, an LLC applicant with no ersons or entities owning over a 10%
Interest, P.O. Boa 20, #70428, Boise, ID, for a Transfer of Ownership of a 3.2% Beer
Off-Premise type liquor license.
Member Marshall was the designated heazing conductor. Paul Lumbye, Esq. appeared as
applicant's attorney. Gazy Hart, LLC applicant's general manager, was sworn in and
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testified about this application. Mr. Lumbye waived the reading of the procedures. An
affidavit confirming posting of the premises for the required 10 day period was accepted as
an agenda exhibit. Mr. Lumbye noted for the Authority that the background check results
for LLC officers show no criminal history. Member Corielle noted for the record that the
preliminary report indicates in error that this application is for ahotel-restaurant license, but
instead the application is fora 3.2% Beer Off-Premise liquor license. No public comment
was provided. Chair Gowen moved, seconded by Wallace, for approval of this application
for a transfer of ownership of a 3.2% Beer Off-Premise liquor license. Motion approved 4:0.
8. Public Hearing and Consideration of a May 24, 2006 }p Gcation from Albertson's,
LLC d/b/a Albertson's Food Center No. 843,1850 30t Street, Albertson's Holdinggs
LLC, Sole Member, an LLC applicant with no ersons or entities owning over a 10%
Interest, P.O. Boa 20, #70428, Boise, ID, for a Transfer of Ownership of a 3.2% Beer
Off-Premise type liquor license.
In Member McMutray's absence, Chair Gowen was the designated hearing conductor. Paul
Lumbye, Esq. again appeared as applicant's attorney. Gary Hart, applicant's general
manager, continued as sworn for this application. Mr. Lumbye requested that the Authority
incorporate by reference his comments and answers made during the previous agenda item
7. Mishawn Cook noted that an affidavit confirming posting of the premises for the required
10 day period would be accepted as an agenda exhibit. Member Wallace moved, seconded
by Marshall, to approve this application for transfer of ownership of a 3.2 % Beer Off-
Premise liquor license. Motion approved 4:0.
9. Public Hearing and Consideration of a Mayy ~0, 2006 apRlication from PM-Boulder,
LLC d/b/a Purple Martini, Boulder, 1710 29 Street, Sutte 2044, William Coleman,
9796 Teller Court, Westminster, CO, Managing Member, Robert Armijo~8100 East
Union, Denver, CO, Managing Member, and Christopher Schild,102015 Street, #3E,
Denver, CO, Managing Member, for a New Tavern type liquor license.
Member Wallace was the designated heazing conductor. Robert Dill, Esq. appeared as the
applicant's attorney. William Coleman, Robert Annijo, and Christopher Schild (all co-
owners of the LLC applicant) were each sworn in, testified about this application, and Mr.
Coleman confirmed under oath posting of the premise for the required 10 day period. Mr.
Dill waived reading of the procedures on behalf of his client. Kelly Pietrs of Esquire
Petitioning Services was sworn in and testified about the Neighborhood needs and desires
results for this application. William Coleman noted an addition of a door at this premise and
Mr. Coleman stated that he would update the diagram for the record. Mr. Coleman also
noted that the registered manager may change after the premise opening. Member Wallace
asked Mr. Coleman to address his background check results and Mr. Coleman explained
such results. Antonio Laudisio, owner of a prospective neighboring business, and Mazina
Florian, landlord's tenant coordinator, were both sworn in and testified in favor of this
application. Since Mr. Dill agreed to waive the requirement that a party be in a resident or a
business owner in the Authority designated Neighborhood, Jan Otto asked a question about
applicant's policy on discounted drink specials. No other public comment was provided to
the Authority. Chair Gowen moved, seconded by Mazshall, to approve this application for a
new Tavern liquor license. Motion approved 4:0.
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10. Matters from the Licensing Clerk:
A) Set neighborhood boundaries for August 16, 2006 hearieg:
i) The L, Laudisio -1710 29'" Street, Suite 1076
North Boundary: Valmont
South Boundary: Baseline
West Boundary: 20th Street Extended
East Boundary: Eisenhower Drive Extended
Mishawn Cook advised the Authority of the above Neighborhood boundaries which
were used for other applications at the 29m Street Development. Member Marshall
moved, seconded by Wallace, to accept the above listed boundaries as the designated
Neighborhood boundaries for this application. Motion approved 4:0.
ii) Permanent Modifications
Mishawn Cook notified the Authority that during their August heazing they would heaz
permanent modification applications from Cafts Rhumba and Johnny's Cigazs, and Ms.
Cook advised that she intended to handle administratively apermanent modification
application from Centerplate to allow for an office renovation at Coors Events
Conference Center.
B} Information Items:
i) BLA Participation in Land Use Code Review Process
The Authority revisited assignment of a BLA member to this Planning Department
workgroup as a continuation from BLA 7/19/06 hearing. The Authority discussed Tim
McMurray's interest in participating on this workgroup. Member Marshall moved,
seconded by Corielle, to appoint Tim McMurray as BLA representative to the Land Use
Code Review Workgroup. Motion approved 4:0.
ii) Rock Bottom Restaurant's letter dated June 9, 2006 regarding ServSafe
training
Tom Lund with Rock Bottom Restaurants gave public comment to invite the BLA
members to attend this training and to encourage the BLA to revisit alcohol server
training issue.
11. Matters from the Assistant City Attorney
Sandra Llanes discussed changes to the BLA Rules of Procedure which will be presented to
the city council. Ms. Llanes stated that she would complete the proposed changes, and then
forwazd the draft to Mishawn Cook for circulation to the BLA members for their discussion
and comment at the next BLA heazing. Sandra Llanes restated the city's continuing attention
to the alcohol server training issue. Lisa Spaulding provided public comment about the
Education and Services subcommittee's recommendations as to alcohol server training.
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12. Matters from the Chair and Members of the Authority
A) Debriefing from this hearing
There was some discussion about how assignments of heazing conductors aze made.
Mishawn Cook stated that she assigns agenda items in alphabetical order each hearing.
B) Other matters from the Chair and Members
Member Wallace commented about the increase of liquor licenses in Boulder. No further
matters were raised.
ADJOURNMENT
Member Corielle moved, seconded by Mazshall, that the hearing should be adjourned. Motion
approved 4:0, thus this hearing was adjourned at 4:35 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 yeaz of 2006.
Attest:
ishawn J. Cook, Licensing Clerk
Approved:
. >
Priscilla Co ' le, Vice-Chair
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