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Minutes - Beverage Licensing - 11/15/2006CITY OF BOULDER BEVERAGES LICENSING AUTHORITY ***MINUTES*** WEDNESDAY, NOVEMBER 15, 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: November 15, 2006 Mishawn J. Cook - Licensing Clerk (303-441-3010) NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRE5ENT: Board Members: Priscilla Corielle, Peter Gowen, Cam Marshall, Tim McMurray, and Steve Wailace. Staff Present: Sandra Llanes, Assistant City Attomey, and Mishawn J. Cook, Licensing Clerk. QUASI-JUDICIAL MEETING OUTLINE OF AGENDA 1. Roll Call of Beverages Licensing Authority (BLA) Roll call was taken. Peter Gowen was absent at the time that roll call was taken, but joined the hearing during this portion of agenda item 1, and as such, all five Authority members were present. There was a quorum. Approval of Minutes - October 18, 2006 Member Wallace suggested a change to the text of the BLA 10/18/06 minutes as to agenda item 2. Member Wallace inoved, seconded by Gowen, to approve the BLA 10/18/06 minutes as amended. Motion approved 5:0. Approval of Aearing 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. 2. Matters from the Boulder Police Department (BPD). Officer Heather Frey appeared for the BPD. Officer Frey reported that she did not have updated last drink data for the BLA as CU was a bit behind in their data entry. Officer Frey 1 I/15/06 BLA Final Minutes Page 1 of 7 advised the Authority that the last two BPD LESS server classes in November would be the last server-focused classes and that such classes were full, except far two spots. Officer Frey stated that she was curtently working on the curriculum for the more advanced BPD class and that Chief Beckner had asked to be the first person to review the curriculum. Member Wallace asked how Officer Frey thought that compliance was going this year. Officer Frey replied that she has recently collaborated with the State Liquor Enforcement Officer to conduct 27 compliance checks in one day with only 1 resulting violation. Member Marshall asked about future BPD training. Officer Frey replied that, as other state-certified Responsible Vendor trainers could now conduct routine trainings in Boulder, the BPD anticipated conducting an advanced course focusing on establishment owners, managers, and long time employees. Member Marshall replied that this change to the LESS class by the BPD was an unintended consequence of his motion to recognize state-certified trainings in that he did not know that the existing BPD LESS class would cease to operate, and that he continues to be concerned about training accessibility, especially for Boulder's low income licensees. Officer Frey replied that this step had been considered in a meeting on server training with Chief Beckner in attendance, and that the determination was made that her work hours would be better spent on more limited, advanced trainings and an increase in enforcement operations. Member Corielle commented that she felt that Officer Frey's time would be better spent on advanced training topics with establishment staff, who were most responsible for the operation of Boulder establishments. Member Corielle asked if RHG would be involved in coordination of trainings in Boulder. Officer Frey stated that she hoped that RHG would take advantage of dollars available via a grant received by the BPD to have RHG members trained in TIPS "train the trainer" classes with the requirement that they would in turn train an additiona1200 people. Member Marshall again expressed a concern that licensee may fall by the wayside in getting trained without the BPD's coordination of server training and Mazshall suggested placing an agenda item on the December or January docket to discuss training. Member Corielle stated that she felt that such timing would be too soon to make a meaningful study of any change in Boulder's compliance rate resulting from changes in BPD training. Member Marshall stated that a longer timeframe to review this topic was acceptable to him, but that he wanted the Authority to maintain its focus on the availability of training and any resulting change in Boulder's current compliance rate. Member Marshall suggested that the Authority may also revisit shortening the 6 month permitted time for training. Member Wallace expressed disappointment in the BPD's decision to make changes in the BPD LESS classes, because it was lus understanding, from Officer Frey's responses at the time that the Authority was deliberating on broadening acknowledged training to state-certified classes, that the BPD LESS classes would continue in the same form. Member Wallace reiterated that, considering that LESS classes were always cost-recovery for the BPD, he felt this result was an untended consequence of the Autharity's decision and that he was trying to avoid additional burdens for small licensees which are in the majority for Boulder licensees. Member Wallace asked who Officer Frey anticipated would take the more advanced class, and Officer Frey replied that the class would be designed for establishment managers, owners, and responsible employees with an anticipated by-product of the class that Officer Frey would meet and get to know responsible persons in each licensed establishment. Member Corielle again commented that she felt that such an approach was a better use of 11/15/06 BLA Final Minutes Page 2 of 7 Officer Frey's time. In summary, Chair Gowen stated that the Authority should revisit this topic again after the first of the year to review the success of this new training approach. During agenda item 3, Member Wallace asked if he might ask another question of Officer Heather Frey related to a license renewal from last month's hearing as to if sufficient cooperation was received from the staff at Bacaro regarding an outstanding assault investigation. Officer Frey replied that Bacaro's employee did speak to Detective Foster, but that the employee did not attest to the same facts contained in their prior sworn statement and that the BPD is looking into these inconsistencies between statements. Member Wallace asked Officer Frey is the employee in question was still employed by Bacaro. Officer Frey replied that she was not sure, but she had a scheduled meeting the next week with Bacaro's owner, and at that meeting she would let the owner know of the Authority's interest in the employee's status, then Officer Frey would update the Authority. 3. Matters from the Responsible Hospitality Group (RHG). Mark Karpowich, RHG Chair, appeared before the Authority. Mishawn Cook advised the Authority that she had provided them with the minutes from the last RHG meeting and a copy of a door staff training curriculum, and that both documents would be accepted into the record as agenda exhibits. Mr. Karpowich advised that the RHG currently has four members who are interested in taking the "train the trainer" classes with monies from the Responsible Hospitality Institute (RHI) grant and that the RHG will work with Officer Frey to take advantage of additional dollars from the grant made to the BPD to also attend TIPS "train the trainer" sessions. Mr. Karpowich advised that at the last RHG meeting it was determined that he would continue for another year as RHG chair, that Mara Soutiere from Tahona would become RHG secretary, and that Chris Emma from Liquormart would become the RHG's treasurer. Mr. Karpowich advised that the RHG was focusing much of their time on arranging, during the month of January, the first door staff and security training, with such curriculum provided to the Authority today. Mr. Karpowich advised that the response from the RHG members has been excellent on this training and that the RHG would like to conduct this security training at least once a year, but hopefully twice a year, in the future. Member Marshall asked how much it cost to become a ServSafe trainer, and Mr. Karpowich stated he did not know the precise amount off hand. Member Marshall asked Mr. Karpowich to be sure to update the Authority on any developments concerning training. Member Corielle asked if licensees and BPD officers coordinated together to handle unruly patrons both inside premises and after they are ejected from establislunents. Mr. Karpowich commented that this scenario is a big problem for licensees, but calling the police promptly is the best approach so that the BPD is already on-site to address any future incidents from an unruly patron. Member Corielle asked if BPD response time was prompt in these cases, and Mr. Karpowich stated that it was very quick. Mr. Karpowich further commented that handling patrons should be done in steps, to avoid over-service and the resulting problematic behavior, from providing them with non-alcohol alternatives to finding them a safe way home. During agenda item 3, Member Wallace asked if he might ask another question of Officer Heather Frey of BPD, thus the hearing proceeded with further discussion of agenda item 2 by the Authority. 4. Public Hearing and Consideration of a September 25, 2006 application from NGKugel, 11/I S/06 BLA Final Minutes Page 3 of 7 LLC d/b/a Gondolier on Pearl, 1617 Pearl Street, Suite 100A, Nelson Kugel, Manager, 5184 Buckingham Road, for a New Hotel-Restaurant type liquor license. Member Corielle was the designated hearing conductor. Mishawn Cook clarified on the record mistaken inclusion of the word "continued" in the public notice title far this matter. Member Wallace disclosed that he had an ex-parte communications regarding this application during his attendance at a neighborhood meeting about this restaurant, but he stated that falt able to participate in this hearing and remain impartial in these deliberations. No other Authority members disclosed conflicts of interest or ex-parte communications. Mark Shapiro, Esq. appeared as the applicanYs attorney and Mr. Shapiro waived the reading of the procedures on behalf of his client. No third parties requested interested party status of the Authority. Nelson Kugel, applicant LLC's sole member, was sworn in, testified about this application, and confirmed under oath posting of the premise for the required 10 day period. Kelly Pietrs of Esquire Petitioning Services was sworn in and testified about the Neighborhood needs and desires petitioning results. No public comment was made to the Authority for this application. Chair Gowen moved, seconded by Marshall, to approve this application for new Hotel-Restaurant type liquor license as submitted. Motion approved 5:0. 5. Public Hearing and Consideration of a September 25, 2006 application from The Aapa Group, Inc. d/b/a Hapa on the Hill, 1220 Pennsylvania Avenue, for a Permanent Modification to a Hotel-Restaurant type liquor license. Chair Gowen was the designated hearing conductor. Mark Van Grack, licensee's co-owner, was sworn in, testified about the details of this permanent modification, and confinned under oath posting of the premise for the required 10 day period. Hearing procedures were read to the licensee. No Authority members disclosed conflicts of interest or ex-parte communications. No third parties requested interested party status of the Authority. Mr. Van Grack provided the Authority with an updated diagram describing the proposed modification which was accepted as an agenda exhibit. Mishawn Cook confirmed with the licensee that this updated diagram should be the new "after" diagram for their state application. Jan Otto, designated Neighborhood resident, provided pubiic comment requesting that cunent hours of operation be set as a special license condition, such as part of a inaziagement plan. Member Corielle moved, seconded by Marshall, to approve this pennanent modification to a Hotel-Restaurant type liquor license application as submitted. Motion approved 5:0. 6. Public Hearing and Consideration of a Se~tember 25, 2006 application from OH-OK, Liquor, Inc. d/b/a A-OK Liquors, 2690 28 Street, Unit A, Mei-Huey Lin, Owner, 2006 Pintail Drive, Longmont, CO, for a Transfer of Ownership of a Retail Liquor Store type liquor license. Member Marshall was designated hearing conductor. Hearing procedures were read. Mei- Huey Lin, corporate applicant owner, was sworn in, testified about this transfer, and confirmed under oath preinise posting for the required 10 day period. No conflicts of interest or ex-parte communications were disclosed by the AuUiority members. No third pazties requested interested party status and no public coinment was provided to the Authority in this matter. Chair Gowen moved, seconded by McMurray, to approve this transfer of ownership of a Retail Liquor Store type liquor license as submitted. Motion approved 5:0. 7. Public Hearing and Consideration of a September 25, 2006 application from Ai Sushi 11/IS/06 BLA Final Minutes Page 4 of 7 at Boulder, Inc. d/b/a Ai Sushi at Boulder,1685 29"' Street, Suite 1268, Sean Ahn, Owner, 21911 East Ridge Trail Circle, Aurora, CO, and Se Choul An, Owner, 5969 Tranquil Stream Lane, Colorado Springs, CO, for a New Hotel-Restaurant type liquor license. Member McMurray was the designated hearing conductor. Hearing procedures were read to this applicant. No conflicts of interest or ex-parte communications were disciosed by the Authority members. No third parties requested interested party status in this matter. Sean Ahn, corporate applicant co-owner, was sworn in, testified about this application, and confirmed under oath posting of the premise for the required 10 day period. Max Scott with Oedipus, Inc. was sworn in and testified about the Neighborhood needs and desires petitioning results for this application. No public comment was provided to the Authority in this matter. Member Marshall moved, seconded by Corielle, to approve this new Hotel- Restaurant type liquor license application as submitted. Motion approved 5:0. 8. Public Hearing and Consideration of a S~ptember 25, 2006 application from Plaza Juarez, LLC d/b/a Oscar's Pub, 2850 29` Street, Maribel Linder, Manager, 1300 Wildrose Court, Longmont, CO, for a New Tavern type liquor license. Member Wallace was the designated hearing conductor. William Meyer, Esq. appeared as applicanYs attorney and he agreed to waive procedures reading on behalf of his ciient. Maribel Linder, LLC applicant owner, was sworn in, testified about this application, and confirmed under oath posting of the premise far the required 10 day period. No conflicts of interest or ex-parte communications were disclosed and no third parties requested interested party status of the Authority. Since Neighborhood needs and desires petitions were not pre- filed, a copy of same was provided to the Authority and these petition results were accepted into the record as an agenda exhibit. Member Wallace asked Ms. Linder about her criminal background check results and Ms. Linder addressed such record underscoring that the applicable court has dismissed all charges. Authority members reviewed the petition results. Me~nbers Marshall and McMurray commented, and other Authority members concurred, that it appeared that approximately half of the signatures on the petition pages appeared to be in the handwriting of the same person, thus raising questions about veracity of the petitioning. Ron Bombilla was sworn in and briefly addressed the petition results which were collected by an acquaintance, Bob Oliver. Bob Oliver was not in attendance. No public comment was provided to the Authority regarding this application. Member Marshall moved, seconded by Gowen, to continue this hearing until the BLA 12/20/06 hearing to allow the applicant to provide additional evidence addressing Neighborhood needs and desires. Motion approved 5:0. 9. Matters from the Licensing Clerk: A) Set neighborhood boundaries for December 20, 2006 hearing: i) SOBO American Bistro- 657 S. Broadway North Boundary: Dartmouth Ave. to Broadway to 27th Way Extended to Highway 36 South Boundary: City Limits West Boundary: City Limits East Boundary: Highway 36 to Moorhead Circle Extended 11/IS/06 BLA Final Minutes Page 5 of 7 Member Wallace moved, seconded by Marshall, to approve the above listed boundaries as the designated Neighborhood boundaries for this application. Motion approved 5:0. ii) Rio Grande Mexican Restaurant -1101 Walnut Street Mishawn Cook advised the Authority that a permanent modification application from this licensee would be heard by them during next month's hearing and that the original designated Neighborhood boundaries were as follows: North as Pine Street, South as Boulder Creek, West as 9`h Street, and East as 14`~' street. Ms. Cook stated that she would reiterate these same boundaries to the licensee. B) InformationalItems Mishawn Cook addressed three additional items with the Authority: i) she noted that an example of the RHI Liquor Licensee sutrunit email that was sent to all licensees was included in their packet, ii) she provided, as an agenda exhibit, the Authority with information about a meeting on November 29, 2006 regarding alcohol service training with city staff and the state-certified Responsible Vendor trainers which was now scheduled, and iii) she invited the Authority to select a member to attend an RHI conference in Chicago on December 6 to 9, 2006. Jan Otto provided public comment about the Chicago conference. Member McMurray expressed interest in attending the conference, based on his availability. 10. Matters from the Assistant City Attorney Sandra Llanes reported on her offices' suggestion presented to the City Council in last nighYs council meeting that any ordinance changes should be handled as zoning code change regarding a prospective liquor license application from the Baked in Boulder business. Ms. Llanes also stated that the City Attorney's Office has suggested to City Council that, before making any such zoning code changes in this matter, they should wait until the Thunderbird $urgers appeal is decided as this decision will provide additional direction to the city. The Authority members and Ms. Llanes further discussed the prohibition against special legislation generally, and the Baked in Boulder matter and the Thunderbird Burgers appeal specifically. 11. Matters from the Chair and Members of the Authority A) Debriefing from this hearing Chair Gowen apologized for being a bit late to the hearing. Member Marshall again stated that he is dismayed about the twist that server training has taken and he probably would not have brought his motion to accept both the BPD LESS class and state- certified training forward had he known what would develop. Meinber Marshall stated that he thought that he had some assurance from Officer Frey related to this. The Authority inembers then further discussed training. Member Marshall suggested that a mailing should go out to all Boulder licensees about all server training opportunities and Mishawn Cook replied that she would send such mailing after the November 29`h meeting with the state-certified trainers. Member Wallace asked Sandra Llanes how the Authority could proceed regarding the Bacaro employee who has continued to be 11/15/06 BLA Final Minutes Page 6 of 7 uncooperative with the BPD and Ms. Llanes replied that she did not think the Authority had any recourse in tYiis area. Mishawn Cook then reminded the Authority that they had put Bacaro on non-administrative renewal for next year's annual license period so they would deliberate on their license renewal next year as well. B) Other matters from the Chair and Members No other matters from the Chair or other Authority members were addressed. ADJOURNMENT Member Wallace moved, seconded by Corielle, that the hearing should adjourn. The motion was approved 5:0, thus the hearing was adjourned at 3:35 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 year of 2006. Attest: ~ Appr~d: . ~_-~ --_______ .e~ ~'~, Mishawn J. Cook, Licensing Clerk Peter Go , Chair 11/15/06 BLA Final Minutes Page 7 of 7