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Minutes - Beverage Licensing - 8/16/2006CITY O~' BOULDEI~ BEVEI2AGES ~ICENSING AU~HOI~ITY **~1VIINUTES*** WEDNESDAY, AITG~TST 16, 2006,1:00 P.1VI. SOULI)ER CIT~' COUNCIL CHAMBERS MiJNICIPAL BUILDING - 2nd FLOOR 1777 BROADWA~', BOULDE]L~, COLORAI)O NA1~IE OF BOARD/COMMISSION: Beverage Licensing Authority DATE OF MEETING: August 16, 2006 NAIVIE/'~EI.EP~IOI~E OF P~RSON PREPARIIVG SUNIlVIARY: Mishawn J. Cook - Licensing Clerk (303-441-3010) NAMES OF MEMBERS, STAFF, AND INVITED G~JESTS PRESENT: Soard Members: Priscilla Corielle, Cam Marshall, and Steve Wallace. Staff Present: Sandra Llanes, Assistant City Attorney, and Mishawn J. Cook, Licensing Clerk. QUASI-JUDICIAL MEETING OUTLINE O~ AGENDA 1. Roll Call of Bevea~ages Lice~asing Authority (BLA) Roll call was taken. Chair Gowen and Member McMurray were absent. Three Authority members were present. There was a quorum. Approval of Minutes -~uly 19, 2006 Meinber Marshall moved, seconded by Wallace, to approve the BLA 7/19/06 minutes as presented. Motion approved 3:0. Mishawn Cook advised of an adinuzistrative amendment to minutes listing Vice-Chair Corielle as signatory of the minutes in Chair Gowen's absence. Approval of Hearing Conductor Assignments for this hearing Mishawn Cook commented that, due to McMurray and Gowen absence, Vice-Chair Corielle would take over their hearing conductor assignments for this hearing. Vice-Chair Corielle requested public comment on hearing conductor assigrunents, but none was provided. Vice- Chair Corielle moved, seconded by Wallace, to approve hearing conductor assignments listed on today's agenda. Motion approved 3:0. 2. Matters from the Boulder Police Department (BPD). Officer Heather Frey appeared for BPD. Officer Frey provided an agenda exhibit which was accepted into the record that stuiullarized last drink data results compiled under the BPD's 8/16/06 BLA Final Minutes Page 1 of 5 State grant. Member Wallace asked Officer Frey if Boulder County also collected last drink data which would be helpful to BPD. Officer Frey also commented: (i) that the 2 August classes are full, (ii) that BPD has 32 people registered in September classes with 100 spaces maximum available, and (iii) that Officer Frey will attend the national youth alcohol conference in Baltimore, MD. Member Wallace questioned Officer Frey as to if the BPD could apply for state certification for L.E.S.S. classes, and Officer Frey stated that she did not think that the BPD is interested in pursuing such certification. 3. Matters from the Responsible Hospitality Group (12HG). Maxk Karpowich, RHG Chair, appeared before the Authority. Mr. Karpowich provided RHG 8/10/06 meeting ininutes which were accepted as an agenda exhibit. Mr. Karpowich commented: (i) that the RHG will hold a workshop for all licensees on September 25~' at the Boulder Theater, and (ii) that the RHG now has membership stickers for front windows or doors that were made by John Bachman of Cafe Rhumba. 4. Report from Ndember 1Vlarshall on Server Training observations and materials. Member Marshall noted for the record that the agenda materials include opinions from several individuals, that he attended the RHG focus group on server training on July 24~, that he audited a ServSafe class on August 15th, and that he has reviewed Lisa Spaulding's materials related to the Education and Services subcommittee's recommendations for server training. Member Marshall advised that he did have ex-parte communications with Officer Heather Frey at the ServSafe training that they both attended on August 15tli. Four Agenda exhibits were accepted as agenda exhibits. No third parties requested interested party status and no other public comment was provided. Member Marshall stated that he would check his calendar to see if he can attend the meeting related to the Responsible Hospitality Institute grant described in exhibit 4. The Authority expressed that it would be helpful if Carl Castillo, as city's policy advisor, could attend the September BLA hearing to answer questions about server training at the state legislative level. Sandra Llanes, Heather Frey, Mishawn Cook and Authority members discussed this matter, but the Authority directed Ms. Cook to put this matter on the BLA agenda for September 20, 2006 hearing at 1PM. 5. Show Cause Hearing concerning a June 16, 2006 vaolation and whether the Retail Liquor Store type liquor license held by S.P.B., Inc. d/b/a Gun ~arrel Green Liquor, 6566 Lookout Road, should be suspended or revoked. Vice-Chair Corielle was designated hearing conductor. No ex-parte communications or conflicts of interest were disclosed by the Authority members. Bob Keatley, Esq. of BPD advised that this licensee had agreed to stipulate to the facts of this violation. Jon Stonbraker, Esq. appeared as licensee's attorney and confirmed the stipulation. Member Marshall moved, seconded by Wallace, to approve the stipulation to facts. Motion approved 3:0. Petur Petursson, licensee co-owner, was sworn in and testified about mitigation in this matter. Mr. Stonbraker waived procedures reading and requested that his client receive a warning which is allowed by state guidelines. No third parties requested interested party status aiid no public comment was provided to the Authority. The Authority noted several mitigating factors and no aggravating factors in this matter. Member Marshall moved, seconded by Wallace, to set the penalty for this violation at 2 days served with 7 days held 8/16/06 BLA Final Minutes Page 2 of 5 in abeyance for 1 year. Motion approved 3:0. Mr. Stonbraker provided a written petition to pay a fine in lieu. Member Marshall moved, seconded by Wallace, to allow this licensee to pay a fine in lieu for the 2 days served with the fine to be calculated by the licensing clerk based on financial information to be later provided by the licensee. Motion approved 3:0. 5. Show Cause ~Iearing concerning a June 16, 2006 violatio~a and whether the Hotel- Restaurant type liquor license held by Akiyama, Inc. d/b/a Aki.yama Bar and Grill, 6525 Gunpark Drive, Suite 330, should be suspended or revoked. As Chair Gowen was absent, Vice-Chair Corielle was designated hearing conductor. Todd Harris, licensee co-owner, and Joseph Ficarrotta, violating server, were each sworn in and testified regarding mitigation. Bob Keatley of BPD advised that the licensee would stipulate to the facts and that the licensee had agreed to waive the procedures reading for this matter. Member Wallace moved, seconded by Maxshall, to accept the stipulation. Motion approved 3:0. No ex-parte coinmunications or conflicts of interest were disclosed by the Authority members. No third parties requested interested party status and no public comment was provided. Member Maxshall moved, seconded by Wallace, to set the penalty for this violation at 5 days served with 9 days held in abeyance for 1 year. Motion approved 3:0. The Authority declined to allow this licensee to select suspension dates. Member Maxshall moved, seconded by Wallace, to assign the 5 suspension dates as August 21, 2006 to August 25, 2006. Motion approved 3:0. Todd Harris requested to be allowed to pay a fine in lieu for days served. Member Marshall moved, seconded by Wallace, to decline payment of a fine in lieu for days served in this matter. Motion 3:0. 7. Public Hearing and Conside~ation of a June 19, 2006 application from 950 Pearl Street, LLC d/b/a Cafe Rhumba, 950 Pearl Street, for a Permanent Modification to a Hotel-Restaurant type liquor license. Member Marshall was designated hearing conductor. Mishawn Cook noted that a map attachment to the preliminary findings would be accepted into the record as an agenda e~ibit. Joe Snyder, licensee manager, and John Bachman, restaurant manager, were both sworn in, testified about this application, and confirmed under oath posting of the premises for the required 10 day posting period. Member Marshall read the hearing procedures to licensee. No ex-parte coinmunications or conflicts of interest were disclosed by Authority members. No third parties requested interested party status and no public comment was provided. Member Wallace moved, seconded by Corielle, to approve this application for a permanent modification to a hotel-restaurant liquor license. Motion approved 3:0. 8. Pub~ic Hearing and Consideration of a June 26, 2006 application from Via 29, LLC d/b/a The L, Laudisio, 1710 29tj' Street, Suite 1076, Patricia Laudisio, 3328 Sentinal Drive, Manager, and Richard Schaden, 9596 Jeffco Airport Avenue, Broomfield, CO, Manager, for a New Hotel- Restaurant type liquor license. In Member McMurray's absence, Vice-Chair Corielle was the designated hearing conductor. Mark Shapiro, Esq. was the applicant's attorney. Patricia Laudisio, applicant co- owner, and Mark Kretz, registered manager, were both sworn in, testified about this application, and confirmed under oath posting of the premises for the required 10 day period. Jerry Wheeler with Esquire Petitioning was sworn and testified about Neighborhood needs and desires petitioning results. As applicant was represented by counsel, hearing procedures were not read. No ex-parte communications or conflicts of interest were 8/16/06 BLA Final Minutes Page 3 of 5 disclosed by Authority members. No third parties requested interested party status and no public comment was provided. Member Wallace moved, seconded by Marshall, to approve this application for a new hotel-restaurant liquor license. Motion approved 3:0. 9. Public ~earing and Consideration of a June 26, 2006 application from Johnny's Cigars, Inc. dlb/a Johnny's Cigars,1801 13ti1 Street, Suite 110, for a Permanent Modification to a Tavern type liquor license. Member Wallace was designated hearing conductor. Mishawn Cook provided the Authority with a map attachment to the preliminary findings that was accepted as an agenda e~iibit. John Welsh, licensee owner, was sworn in, testified about this application, and confirmed under oath posting of premises for the required 10 day period. Hearing Procedures were read to the licensee. No ex-parte communications or conflicts of interest were disclosed by the Authority inembers. No third parties requested interested party status and no public comment was provided. Sandra Llanes commented that this licensee may want to speak to Environmental Enforcement regarding new smoking laws and Mishawn Cook suggested that Terry Steinborn would be a good contact. Member Marshall moved, seconded by Corielle, to approve this application for a permanent modification to a tavern liquor license. Motion approved 3:0. 10. Matters froyn the Licensing Clerk: A) Set neighborhood boundaries for September 20, 2006 hearing: i) Chipotle Me~can Grill -1650 28th Street, Suite 1224 North Boundary: Valmont Road South Boundary: Baseline Road West Boundary: 20th Street Extended East Boundary: Eisenhower Drive Extended Mishawn Cook advised of the above Neighborhood boundaries which were used for other applications at the 29th Street Development. Member Marshall moved, seconded by Wallace, to accept the above listed boundaries as the designated Neighborhood boundaries for this application. Motion approved 3:0. Mishawn Cook noted that Liquor Licensing Professionals will conduct the Neighborhood petitioning, and that the company will use an alternative petition forms with a sample of such forms provided to the Authority in their hearing packet. Member Wallace moved, seconded by Marshall, to accept the alternative petition form for this specific application. Motion approved 3.0. B) InformationalItems Mishawn Cook noted that Member Tim McMurray replied to her email that he would participate as the BLA representative to the Land Use and Alcohol Advisory Group plaiming workgroup. Ms. Cook noted that letters from BPD to The Sink and vice versa would be added to The Sink's permanent liquor license file. Ms. Cook also informed the Authority that she would be conducting 500 foot measurements to fulfill a staff work directive from City Council related to a business called Baked In Boulder located at 1729/1731 15~' Street. Sandra Llanes and Authority members discussed the applicable 8/16/06 BLA Final Minutes Page 4 of 5 ordinance and this business location. Member Wallace commented that the business may need to undergo Use Review with Planning Department to obtain a liquor license. 11. Ndatters from the Assistant City Attorney Sandra Llanes discussed changes to BLA Rules of Procedure, which were circulated via email to Authority members and will combine transfers and modifications application in accordance with state law. Ms. Llanes also commented about the new state law related to Lawful Presence Affidavits and requirements for proper identification, and there was discussion as to if this law change should be included in the a.inended BLA Rules. Vice- Chair Corielle commented that Mishawn Cook should put this matter on the agenda again for the September hearing to fully discuss the proposed amendments since Gowen and McMurray are both absent this month. Sandra Llanes then addressed a legal research request from Wallace about loss of possession of premises in the instance of transfers of ownership. Sandra Llanes commented that there was no case law on this issue, but there is a state statute on the requirement for possession of a licensed premise and Ms. Llanes has also talked with Dan Gunter at State Liquor Enforcement Division about this question. The Authority and Ms. Llanes discussed the opportunity to bring licensees in for a renewal hearing when there was a question as to if the licensee had premise possession. Lisa Spaulding provided public comment about The Rack's license. Member Marshall moved, seconded by Corielle, that The Rack's license must be put on non-administrative renewal so that licensee will appear before the Authority in a renewal hearing for their license renewal. Motion approved 3:0. 12. Matters from the Chair and 1Vlembers of the Authority A) I)ebriefing from this hearing Vice-Chair Corielle raised a question about the Akiyama Bar and Grill Show Cause concerning the licensee's understanding of discussions with Bob Keatley about stipulations and legal representation. S) Other matters from the Chair and 1Vlembers No matters were addressed. ADJOURNMENT Vice-Chair Corielle stated Authority should adjourn, thus hearing was adjourned at 4:02 PM. TIME AND LOCATION OF ANY FUTURE MEETINGS, COMIVII7CTEES OR SPECI~SL HEARINGS 1:00 PM - 3rd Wednesday of Every Month in City Council Chambers for year of 2006. Attest: Mishawn J. Cook, Licensing Clerk Approved: ~~ 1/ Peter Gowe~, Chair v 8/16/06 BLA Final Minutes Page 5 of 5