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Minutes - Beverage Licensing - 9/20/2006CITY OF BOULDER BEVERAGES LICENSING AUTHORTTY ***MIl~•UTES*** WEDNESDAY, SEPTEMBER 20, 2006,1:00 P.M. BOULDER CTTY COUNCIL CHAMBERS MUNICIPAL BUILDING - 2"d FLOOR 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD/COMMISSION: Beverage Licensing Authority DATE OF MEETING: September 20, 2006 NAMElTELEPHONE OF PERSON PREPARING SUMMARY: 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 Steve Wallace. Staff Present: Sandra Llanes, Assistant City Attorney, and Mishawn J. Cook, Licensing Clerk. QUASI-NDICIAL MEETING OUTLINE OF AGENDA 1. Roll Call of Beverages Licensing Authority (BLA) Roll cail was taken. All five Authority members were present. There was a quorum. Approval of Minutes - August 16, 2006 Member Marshall moved, seconded by Corielle, to approve the BLA 8/16/06 minutes as submitted. Motion approved 3:0 with both Gowen and McMurray abstaining from vote as they were not present at last month's hearing. 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 McMurray, to approve hearing conductor assignments listed on today's agenda. Motion approved 5:0. Z. Matters from the Boulder Police Department (BPD). Officer Heather Frey did not appear in person, but her comments and materials were provided to the Authority members in their packet. Member Wallace asked that Mishawn Cook send Officer Frey an email to request that she contact the Boulder County Sheriff's Department to check into if they still collect last drink data, and if 9/20/06 BLA Final Mmutes Page 1 of 5 they do, for Officer Frey to obtain a copy of same for the Authority. Member Marshall commented that the majority of last drink locations are not licensed premises. Member Wallace also asked that Officer Frey's BLA packet materials for this month be included in the packet for October 18, 2006. 3. Matters from the Responsible Hospitality Group (RHG). Mark Karpowich, RHG Chair, appeared before the Authority. Mr. Karpowich commented that the majority of RHG's efForts are being focused on the first Liquor Licensee Summit that is to occur Monday, September 25, 2006 at the Boulder Theater from Noon to 2:30PM and that they are currently organizing the speakers for that event. Mr. Karpowich commented that the RHG is hoping to collect new members from this event. Member Wallace asked ifthe Authority's presence at the Summit would be helpful, and Mr. Karpowich replied that the members are definitely welcomed to attend. 4. Public Hearing and Consideration as a Continued Agenda Item of a Report from Member Marshall on Server Training observations and materials. Mishawn Cook advised that licensee survey results have been provided to the Authority and that a copy of same would be accepted as an agenda exhibit. Member Marshall briefed the Authority on his comments from last month's hearing and outlined the packet materials on this topic this month. Member Marshali noted that he has had related ex-parte communications with Officer Heather Frey, Mishawn Cook, and Ann Large, Deputy City Clerk. Carl Castillo, Boulder's Policy Advisor, provided public comment addressing state legislative developments on this topic. Tim Kirkland, Rock Bottom Restaurant's Training Manager, and Jan Otto both aiso provided public comment regarding this matter. The Authority discussed reducing the time period in which training must occur to 90 days, but they tabled the matter for further discussion. Member Marshall moved, seconded by Corielle, to also accept state certified server training programs, in addition to the prior accepted BPD L.E.S.S. class, to satisfy the Authority's local condition for mandatory server training. Motion a groved 5:0. 5. ~ublic Hearing and Consideration of a May 8, 2006 Corporate Ownership Change Application from Greenbelt Liquors, Inc. d/b/a Greenbelt Liquors, 4481 North Broadway, Bhagwant Brar, Owner, for a Retail Liquor Store type Lquor license. Member Corielle was the designated hearing conductor. Ted Wadkis, Esq. appeared as licensee's attorney and waived the reading of hearing procedures. Dhanwant Brar, licensee's manager and prospective corporate owner, was sworn in, testified in this matter, and confirmed under oath completion of premise posting for the required 10 day period. No ex-parte communications or conflicts of interest were disclosed by Authority members. No third parties requested interested party status. No public comment was provided on this matter. The Authority discussed criminal background results and definitions of moral turpitude. Chair Gowen moved, seconded by McMurray, to approve this corporate ownership change application. Motion approved 4:1 with Corielle o posed; 6. Public Hearing and Cons-deration of an August 24, 2006 Licens~ Renewal Application from Jintana Srildtprachai d/b/a Gemini Thai Kitchen,1630 30~ Street, Suite B, Jintana Srikitprachai, Owner, for a Hotel-Restaurant type liquor license. 9/20/06 BLA Final Minutes Page 2 of 5 Chair Gowen was the designated hearing conductor. Suchet 5rikitprachai, licensee's manager, was sworn in, testified about this renewal, and confirmed under oath completion of the required 10 day posting of the premise. Hearing procedures were read to Mr. Srikitprachai. No ex-parte communications or conflicts of interest were disclosed by Authority members. No third parties requested interested party status and no public comment was provided to the Authority. Chair Gowen moved, seconded by Corielle, to continue this matter until the October 18, 2006 BLA hearing with instructions to the licensee that the occupation tax which is in arrears be paid and that they provide evidence of their compliance with the training requirement. Motion a~pproved 5:0. 7. l~ublic Hearing and Consideration of an August 23, 2006 License Renewal Application from Bombay Bistro, LLC d/b/a Bombay Bistro, 1800 Broadway, Unit 180, Kapoor (Paul) Gill, Owner, for a Hotel-Restaurant type liquor license. Member Marshall was the designated hearing conductor. Mark Painter, Esq. appeared as the licensee's attorney and Mr. Painter waived reading the hearing procedures. Paul Gill, licensee's owner, was sworn in, tesfified about this matter, and confirmed under oath premise posting for the required 10 day period. No ex-parte communications or conflicts of interest were disclosed by the Authority members. No third parties requested interested party status and no public comment was provided. Chair Gowen moved, seconded by McMurray, to approve this license renewal application. Motion a roved 5:0. 8. ~upblic Hearing and Consideration of an August 28, 2006 License Renewal Application from A Spice of Life at Angel Pines CC, Inc. d/b/a A Spice of Life, 5706 Arapahoe Avenue, David Rubin, President, and Daniel Brucl~er, Vice President, for a Hotel- Restaurant type liquor license. Member McMurray was the designated hearing conductor. Dan Bruckner, licensee's co-owner, David Rubin, licensee's co-owner, and Jules Gunderson, licensee's administrator, were all sworn in, testified in this matter, and Ms. Gunderson confirmed under oath premise posting for the required 10 day period. Member McMurray read the hearing procedures. Mishawn Cook noted that prior outstanding fire code violations have been resolved and an email from Boulder Fire indicating same, which will be accepted as an agenda exhibit, has been provided to the Authority. Mishawn Cook also noted that the licensee has brought applicable materials which will be marked as a 2"d exhibit. No ex-parte communications or conflicts of interest were disclosed by Authority members. No third parties requested interested party status and no public comment was provided. Member Marshall moved, seconded by Gowen, to approve this license renewal application. Motion approved.5:0. 9. Publ~c Hearing and Consideration of a July 18, 200b appli~cahon from Chipotle Mexican Grill, Inc. d/b/a Chipotle Mexican Gri11,1650 28 Street, Suite 1224, Chipotle Mexican Grill, Inc., Owner, a publicly traded corporation with business mailing address of 1543 Wazee Street, Suite 200, Denver, CO, for a New Hotel-Restaurant type liquor license. Member Wallace was the designated hearing conductor. Jon Stonbraker, Esq. appeared as the applicant's attorney and Mr. Stonbraker agreed to waive the reading of the hearing procedures. David Cannon, applicant's area manager, and Rhea Lee Hollis, applicant's prospective registered manager, both were sworn in, testified about 9/20/06 BLA Final Minutes Page 3 of 5 this application, and Mr. Cannon confirmed under oath premise posting for the required 10 day period. Susan Duffy Schwall of Liquor Licensing Professionals, LLC was sworn in and testified regarding the Neighborhood needs and desires petitioning results. Mr. Stonbraker requested that the submitted petitions be entered into the record and the request was so ordered by the Chair. Member Marshall and McMurray commented that they would like a column for comments on the alternate petition form used. No ex-parte communications or conflicts of interest were disclosed by Authority members. No third parties requested interested party status and no public comment was provided. Chair Gowen moved, seconded by Marshall, to approve this application for a new hotel-restaurant liquor license. Motion approved 5:0. 10. Matters from the Licensing Clerk: A) Set neighborhood boundaries for October 18, 2006 hearing: i) Railyard Restaurant and Saloon -1710 29~n Street, Suite 1068 North Boundary: Valmont Road South Boundary: Baseline Road West Boundary: 20th Street Extended East Boundary: Eisenhower Drive Extended Mishawn Cook advised the above Neighborhood boundaries which were used for other hotel-restaurant license applications at the 29~' Street Development. Member Wallace moved, seconded by Gowen, to accept the above listed boundaries as the designated Neighborhood boundaries for this application. Mofion approved 5:0. B) InformationalItems Mishawn Cook reminded the Authority of the Liquor Licensee Summit and Ms. Cook advised of the recent Lawful Presence Affidavit requirement for sole proprietor licensees which would be discussed at the Summit. Ms. Cook stated that a server training meeting under the RHI grant has been cancelled, but likely will be rescheduled at a later time, and an agenda exhibit was entered about this meeting. Ms. Cook noted that, concerning letters on this topic from last month's packet, another ]etter from Officer Frey of BPD to The Sink was in the hearing packet this month. Member Marshall suggested that the RHG might hold a discussion for licensee with an attorney regarding civil and criminal liabilities for over service for both establishment owners and sellers/servers. Member Wallace raised the idea of rewarding liquor establishments that operated for l0 years with no violations. 11. Matters from the Assistant City Attorney Sandra Llanes introduced the draft changes, which are a response to recent state law changes that combine the process for transfers of ownership and modifications to licensed premises, to the BLA Rules of Procedure included in this month's packet. Ms. Llanes mentioned that the motion from today to also accept state certified server training classes, in addition to the prior accepted BPD L.E.S.S. class, should also be added to the draft BLA Rules. Member W allace asked if shortening the permitted 9/20l06 BLA Final Minutes Page 4 of 5 length of time for servers to be trained from the current six months, to the discussed three months, should also now be added. Sandra Llanes opined that she thought that more public process in the form of public comment and public hearings should occur before that change is made. Chair Gowen commented that he would prefer to observe how the addition of state certified trainings is received by licensees, and then revisit shortening the permitted time for training a year from now. The Authority expressed consented with this approach. Mishawn Cook requested that a change so that license applications are received in duplicate, rather than triplicate. Sandra Lianes then raised case law concerning offenses of moral turpitude, and she referenced a Colorado Lawyer article on this subject. Member Corielle commented that she did vote opposed on agenda item 5, but that she was aware of referenced cases and article. The Authority discussed deliberations on background checks. Chair Gowen made a further suggestion for change to Rules Section 8-4-2 (A) to clarify that any hearing held shall be scheduled before the Authority. Member Wallace moved, seconded by Corielle, to endorse the suggested changes to the BLA Rules of Procedure as listed in the hearing packet draft and as further amended by discussion for City Council deliberations. Motion approved 5:0. 12. Matters from the Chair and Members of the Authority A) Debriefmg from this hearing The Authority and Mishawn Cook discussed the BLA Rules of Procedure which have recently resulted in an increase in license renewal hearings. B) Other matters from the Chair and Members No additional matters were raised by Authority members. ADJOURNMENT Chair Gowen stated the Authority should adjourn, thus hearing was adjourned at 3:30 PM. TIlVIE AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS 1:00 PM - 3`~ Wednesday of Every Month in City Council Chambers for year of 2006. Attest: ,./f ~ - Mishawn J. Cook, Licensing Clerk pproved: Pe er Go n, air 9/20/06 BLA Final Minutes Page 5 of 5