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HomeMy WebLinkAboutMinutes - Beverage Licensing - 10/18/2006CITY OF BOULDER BEVERAGES LICENSING AUTHORITY * * * MINLTTES * * * WEDNESDAY, OCTOBER 18, 2006, 1:00 P.M. BOULDER CITY COUNCIL CHAMBERS MUNICIPAL BUILDING - 2"d FLOOR 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD/COMMISSION: Beverage Licensing Authority DATE OF MEETING: NAME/TELEPHONE OF PERSON PREPARING SUMMARY: October 18, 2006 Mishawn J. Cook - Licensing Clerk (303-441-3010) NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Priscilla Corielle, Peter Gowen, Cam Mazshall, Tim McMurray, and Steve Wallace. Staff Present: Sandra Llanes, Assistant City Attomey, and Mishawn J. Cook, Licensing Clerk. QUASI-NDICIAL MEETING OUTLINE OF AGENDA 1. Roll Call of Beverages Licensing Authority (BLA) Roll call was taken. All five Authority members were present. There was a quorum. Approval of Minutes - September 20, 2006 Member Marshall suggested a change to the text of the BLA 9/20/06 as to agenda item 4. Member Corielle moved, seconded by Mazshall, to approve the BLA 9/20/06 minutes as amended. 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 Mazshall moved, seconded by Wallace, to approve hearing conductor assignments listed on today's agenda. Motion approved 5:0. 2. Matters from the Boulder Police Department (BPD). Officer Heather Frey appeared for the BPD. Officer Frey reported to the BLA that the BPD LESS classes were full for the month of October and that she currently had 20 persons signed up for the November classes. In reply to a BLA request from last month's hearing, Officer Frey called the Boulder County Sheriff s office and they reported that they no ]onger 10/18/06 BLA Final Minutes Page I of 7 gather DUI last drink data. Officer Frey also reported that in a recent meeting in which BPD Chief Mark Beckner was in attendance, coordinated under the city's Responsible Hospitality Institute grant, the BPD made the determittation to enhance the BPD LESS class into a 3-4 hour advanced training class that would primarily tazget licensed establislunent owners and managers, and the BPD hoped to further encourage, through such classes, questions and networking between owners and managers with Officer Frey. Mishawn Cook commented that she would be conducting some preliminary inquiries for local licensees with the state- certified Responsible Vendor training class organizers in conjunction with this new approach to the BPD LESS class. Member Marshall asked Ms. Cook and Officer Frey how much state-certified classes cost, and Ms. Cook stated that she would be investigating the cost of such classes with her preliminary inquiries, but that she anticipated that the BPD class' cost would increase due to its longer length. Member Marshall stated that he wanted for trainings to remain as accessible as possible to ]icensees. Member Wallace stated that it was the Authority's intention when they approved the BPD LESS class that the class be cost-recovery for the BPD. Member McMunay asked about the BPD's Cops in Shops program and Officer Frey explained how the program was conducted. Member Wallace asked about fake ID cards and if citations were being issued, and Officer Frey commented that such offenses may, depending on the circumstances of the arrest, be listed under alcoho3 diversion tickets in this agenda exhibits and she made further comment related to fraudulent IDs tickets and arrests. Member Wallace commented that it may be helpful if the "last drink" data were aggegated by the BPD quarterly or semi-annualiy by licensee name, and Officer Frey advised that she would pass this suggestion onto those who are collecting DUI data. Member Corielle asked if BPD kept stafistics on minor in possession tickets, and Officer Frey advised that this data is found in the alcohol diversion tickets section of the agenda materials. 3. Matters from the Responsible Hospitality Group (RHG). Mark Karpowich, RHG Chair, appeared befare the Authority. Mishawn Cook advised the Authority that she had provided them with the RHG minutes for last month's meeting that would be mazked as an agenda exhibit. Mr. Karpowich commented on the first Liquor Licensee Summit stating that over 1001icensees attended and that the RHG would like to hold this event annually with more topic specific workshops available. Mr. Karpowich advised that, as suggested at the Summit: i) the RHG is hoping to schedule a door staff training class modeled on a class taught in San Diego and that Kurt Matthews with BPD may be pursuing teaching same, ii) that the RHG is working on a code of conduct both for RHG members and their patrons, iii) that RHG is looking into getting a member trained in either, or perhaps both, ServSafe or TIPS classes so that preferably an RHG member can teach these classes in a"train the trainer" approach, and iv) that RHG is working with the BPD on the curriculum for the enhanced version of the BPD LESS class. Member McMurray asked if these training classes to be taught by an RHG member might be a revenue stream for the RHG, and Mr. Karpowich replied that the RHG hoped that such available services would be helpfui to its members and encourage membership. Member Mazshall commented that he wanted to extend any assistance that the BLA can, because in his opinion, making any and all alcohol service training more availabie to licensees is worthwhile. Member Wallace commended Mr. Karpowich for his RHG participation, 10/18/06 BLA Final Minutes Page 2 of 7 acknowledging that for Mr. Karpowich to act as RHG chair takes a great deal of volunteered time. 4. Public Hearing and Continued Consideration of an August 24, 2006 License ~tenewal Application from Jintana Srikitprachai d/b/a Gemini Thai Kitchen,1630 30t Street, Suite B, Jintana Srikitprachai, Owner, for a Hotel-Restaurant type liquor license. Member Corielle was the designated hearing conductor. Hearing Procedures were read to this licensee. Suchet Srikitprachai, licensee's manager, was swom in, testified about this renewal application, and confirmed under oath completion of the required 10 day premise posting. No Authority members disclosed ex-parte communications or conflicts of interests. Mishawn Cook advised the Authority that this licensee had brought current their occupation tax for their license. Mr. Srikitprachai stated that all of the licensee's employees have registered for the BPD LESS classes on October 25 and 26. Officer Heather Frey confirmed that 3 licensee employees have signed up for these classes. No third parties requested interested party status of the Authority and no f~u~ther public comment was provided in this matter. Member Marshall rnoved, seconded by Gowen, to approve this appiication for renewal of a hotel-restaurant license. Motion approved 5:0. 5. Public Hearing and Consideration of an August 10, 2006 License Renewal Application from Boulder Sundown Saloon, Inc. d/b/a Sundown Saloon, 1136 Peari Street, Basement, Jon Tuschman, Owner, and Tony Milazzo, Owner and Registered Manager, for a Tavem type liquor license. Chair Gowen was the designated hearing conductor. Tony Milazzo, licensee co-owner and registered manager, and Jon Tuschman, licensee co-owner, were both sworn in, each testified aboat this renewal, and confirmed under oath premise posting for the required 10 day period. Chair Gowen read the hearing procedures to the licensee. No ex-parte communications or conflicts of interest were disclosed by Authority members. Officer Heather Frey of BPD provided a summary and comments on the licensee's business operation for the past yeaz. Messrs. Milazzo and Tuschman advised that they have met with Officer Frey and they briefed the Authority on the actions that they have taken to ensure a more orderly and proactively compliant establistunent. No third parties requested interested party status. The Autl~ority, the licensee co-owners, and Officer Frey discussed other general proactive steps taken by the city aimed at preluninary intervention prior to enforcement actions. No further public comment was provided. Member Marshall moved, seconded by McMurray, to approve this renewal applicarion for a tavern license. Motion approved 5:0. 6. Pubiic Hearing and Consideration of a September 12, 2006 License Renewal Application from Cicala, Inc. d/b/a Bacaro, 921 Pearl Street, Dante Medri, President, Corrado Fasano, Registered Manager and Vice President, Justice Thomas, Stockholder, and Tiziano Gortan, Stockholder, for a Hotel-Restaurant type liquor license. Member Mazshall was the designated hearing conductor. Adele Reester, Esq. appeazed as the licensee's attorney. Corrado Fasano, licensee's co-owner and registered manager, was sworn in, testified about this renewal application, and confirmed under oath completion of the required 10 day premise posting. Ms. Reester waived the hearing procedures reading. No ex-parte communications or conflicts of interests were disclosed by Authority members. Ms. Reester provided an agenda exhibit which was accepted into the record. Detective Kurt 10/18/06 BLA Final Minutes Page 3 of 7 Foster and Officer Heather Frey with the BPD provided comments about this licensee's business operations for the past year, including an assault adjacent to this licensed premise. Mr. Fasano provided testimony regarding his bar manager's observations of the assault, and a threat received by the bar manager. No third parties requested interested party status. Lisa Spaulding provided public comment about prior enforcement incidents related to this premise. Chair Gowen commented that the majority of the issues have been cured by the licensee, except for cooperation with the BPD in the assault. The Authority then discussed the defmition of "good cause" for liquor license non-renewal, especially the "continuing pattern" standard. Member McMurray moved, seconded by Gowen, under condition that this license be placed on non-administrative renewal, to approve this renewal application for ahotel-restaurant license. Motion approved 3:2 with Corielle and Wallace opposed. 7. Public Hearing and Consideration of a September 13, 2006 License Renewal Application from Imagine Entertainment, LLC d/b/a Lazy Dog & Naked Fish, 1346 Pearl Street, Steve Ross, Manager and Member, for a Hotel-Restaurant type liquor license. Member McMurray was the designated hearing conductor. Steve Ross, licensee manager and member, was sworn in, testified about this renewal, and confirmed under oath completion of the required 10 day premise posting. Hearing procedures were read to this licensee. No ex-parte communicarions or conflicts of interest were disclosed by Authority members. No third parties requested interested party status. Mishawn Cook raised the outstanding issue of a trade name change application which should be filed. Mr. Ross entered as an agenda exhibit for this matter a BPD letter of recommendation. No public comment was received in this matter. Chair Gowen moved, seconded by Wallace, to approve this renewal application for a hotel-restaurant liquor license. Motion approved 5:0. 8. Public Hearing and Consideration of a August 24, 2006 application from Ra~lyard Restaurant and Saloon, Inc. d/b/a Railyard Restaurant and Saloon,1710 29t Street, Suite 1068, Louis Moskow, President and Director, 3283A West Alameda Street, Santa Fe, NM, with ten current other business entities and individual owners none holding over a 10% ownership interest, for a New Hotel-Restaurant type liquor license. Member W allace was the designated hearing conductor. Thomas Dunn, Esq. appeazed as the applicanYs attorney. As this applicant was represented by counsel, hearing procedures were not read. No ex-parte communicarions or conflicts of interest were disclosed by the Authority members. No third parties requested interested party status. Brian Williamson, applicanYs manager, and Louis Moskow, applicanYs majority owner, were both sworn in, testified about this license application, and confirmed under oath completion of the required 10 day premise posting. Kelly Pietrs with Esquire Petitioning Services was sworn in and testified about the Neighborhood needs and desires petitions results. Mr. Dunn entered a restaurant menu and the restauranYs alcohol service staff manual as agenda item exhibits. Jan Otto provided pubiic comment about management practices and hours of operation. Chair Gowen moved, seconded by Corielle, to approve this application for a new hotel- restaurant liquor license. Motion approved 5:0. 9. Matters from the Licensing Clerk: A) Set neighborhood boundaries for November 15, 2006 hearing: 10/18/06 BLA Final Minutes Page 4 of 7 i) Gondolier on Pearl- 1617 Pearl Street, Suite 100A North Boundary: Valmont to Edgewood to Balsam South Boundary: Arapahoe West Boundary: City Limits East Boundary: 28`" Street Steve Wallace stated that he had ex-parte communications on trus matter in a neighborhood meeting regazding this proposed restaurant, but Mr. Wallace reiterated his ability to be impartial and to participate in this matter. Member Marshall moved, seconded by McMurray, to approve the above listed boundaries as the designated Neighborhood boundaries for this applicarion. Motion approved 5:0. ii) Ai Sushi at Boulder -1685 29`n Street, Suite 1268 North Boundary: Valruont Road South Boundary: Baseline Road West Boundary: 20~h 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. Chair Gowen moved, seconded by Corielle, to accept the above listed boundaries as the designated Neighborhood boundaries for this application. Motion approved 5:0. Mishawn Cook advised that Oedipus, Inc. would be conducring the pe6tioning for this applica6on and that they would be using an alternative petition form, rather than the City's suggested form. Member McMurtay moved, seconded by Wallace, to approve the use of the akemative petitioning form for this application. Motion approved 5:0. iii) Oscar's Pub - 2850 29~h Street Notth Boundazy: Iris to Diagonal Highway South Boundary: Arapahoe West Boundary: 19th East Boundary: Airport Road Member McMurray moved, seconded by Wallace, to accept the above listed boundaries as the designated Neighborhood boundaries for this applicarion. Mofion approved 5:0. iv) Hapa on the Hill Permanent Modification -1220 Pennsylvania Avenue North Boundary: Arapahoe South Boundary: Baseline West Boundary: 6th East Boundary: 17`~ Extended The Authority reviewed this license file and took action to reiterate and clarify the above Neighborhood boundaries for this location. No public comment was provided Member Marshall moved, seconded by Corielle, to set the above listed boundaries as the 10/18/06 BLA Final Minutes Page 5 of 7 designated Neighborhood boundaries for this licensed locarion. Motion approved 5:0. Member Marshall asked that the license database be updated with the above boundaries. B) Informational Items Mishawn Cook let the Authority know how the Liquor Licensee Summit went and told the Authority that a follow up letter would be sent to ail licensees on issues discussed at the Summit. Ms. Cook directed the Authority's attention to the RHI licensee survey results in their packet. Ms. Cook reminded the Authority that she had provided a Street Officer's Guide to Liquor Enforcement to the Authority (a copy of same to be mazked as an agenda exhibit) with their hearing packets. Ms. Llanes asked to also be provided with a copy of the Guide and Ms. Cook stated that she would provide it. Ms. Cook commented that she expected that future server training coordination efforts by the city would assist Boulder licensees with scheduling information and would assist the Authority in determination of what form evidence of training takes with other training vendors, such as certificates of completion. Mishawn Cook addressed the date of the BLA December 20, 2006 hearing, and asked the Authority if a change to that hearing date would be needed to achieve a quorum. The consensus of the Authority members was for the December BLA hearing date of December 20, 2006 to remain as-is. 10. Matters from the Assistant City Attorney Sandra Llanes suggested to Ms. Cook, for liquor license lawful presence affidavits, that a separate folder should be maintained for these affidavits for ease of locating these records when and if these records aze audited. Ms. Llanes advised the Authority of an appeal filed by the University Hil]'s Thunderbird Burgers location on a Planning Board's decision. 11. Matters from the Chair and Members of the Authority A) Debriefing from this hearing Member Wallace asked Ms. Llanes about lawful possession of a licensed premise. Ms. Llanes' stated that there is no case law or clear direction from the state authority, but that she would provide the Authority members with some further legal information, though probably not in time for next month's hearing due to staffing resources. B) Other matters from the Chair and Members Member Wallace stated that, related to agenda item 6, he appreciated the other Authority member's patience in their deliberations. The Authority discussed the increase in renewal hearings, which they felt was a positive result and a temporary circumstance until licensees were used to the enforcement of the 45 day prior to expiration date deadline. No other matters from the Chair or other Authority members were raised. ADJOURNMENT Member Corielle moved, seconded by Wallace, that the Authority should adjourn. The morion was approved 5:0, thus the hearing was adjourned at 4:13 PM. 10/18/06 BLA Final Minutes Page 6 of 7 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: Approv d: ~i% " ~ .~~~'~L Mishawn J. Cook, Licensing Clerk Peter Go , Chair 10/18/06 BLA Final Minutes Page 7 of 7