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HomeMy WebLinkAboutMinutes - Beverage Licensing - 7/18/2007CITY OF BOULDER BEVERAGE LICENSING AUTHORITY ***MINUTES*** WEDNESDAY, JULY 18, 2007, 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: July 18, 2007 Mishawn J. Cook - Licensing Clerk (303-441-3010) NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Peter Gowen, Cam Marshall, Tim McMurray, Lisa Spalding, and Steve Wallace. Staff Present: Sandra Llanes, Assistant City Attorney, and Mishawn J. Cook, Licensing Clerk. QUASI-JUDICIAL MEETING OUTLINE OF AGENDA 1. Roll Call of Beverages Licensing Authority (BLA) Members Roll call was taken. All Authority members were present, thus there was a quorum of 5. Approval of Minutes - June 20, 2007 Member Marshall mentioned that page 2, line 1 of agenda item 4 should be amended to read "item 5". Member Wallace mentioned that he abstained from the vote on the approval of the minutes in June. With these amendments, Member Marshall moved, seconded by Wallace, to approve the BLA June 20, 2007 minutes. Motion approved 4:1 with McMurray abstaining from the vote due to his absence last month. Approval of Hearing Conductar Assignments for this hearing Mishawn Cook noted that Member McMurray had been assigned agenda items 7 to 10 because all of these items were for the same applicant. Chair Gowen then requested public comment on hearing conductor assignments, but none was provided. Member McMurray moved, seconded by Marshall, to approve the hearing conductor assignments listed on today's agenda. Motion approved 5:0. 7/18/07 BLA Final Minutes Page 1 of 8 2. Matters from the Boulder Police Department (BPD). Officer Heather Frey appeared on behalf of the BPD. Officer Frey advised that she returned to work from her leave last week and that she currently was working on some show cause affidavits that the Authority would receive shortly. 3. Matters from the Responsible Hospitality Group (RHG). Mara Soutiere, RHG Secretary, appeared for the RHG as Mark Karpowich, RHG Chair, was on vacation. Ms. Soutiere advised the audience about the purpose of RHG. Member Marshall asked about Ms. Julia Wrapp, a TIPS trainer who is interested in conducting trainings. Ms. Soutiere stated that she forwards to Mishawn Cook information on licensees interested in obtaining training and trainers interested in providing training. Member Spalding asked Ms. Soutiere about the good neighbor policy mentioned in the RHG meeting minutes and Ms. Soutiere commented that the RHG is currently discussing such a policy to guide licensees in their interactions with the community at large and that the RHG members also discussed the use of pharmaceutics drugs by patrons at their last meeting. Member Wallace suggested that Molly Winter with the city may have a sample good neighbor policy with the Whittier Neighborhood that the RHG could review. 4. Show Cause Continued hearing concerning March 11, 2007 violations and whether the Hotel-Restaurant type liquor license held by Playa Azul, Inc. d/b/a Playa Azul, 1600 38~h Street, should be suspended or revoked. Member Wallace was designated hearing conductor. No ex-parte communications or conflicts of interest were disclosed by Authority members. David Olivas, Esq. appeared as licensee's attorney. Aurora Curiel, restaurant owner, and Jose Curiel, restaurant bartender, both were sworn in and testified in licensee's defense. Bob Keatley appeared as BPD prosecutor. Officers Heather Frey and Sterling Ekwo were both sworn in and testified concerning BPD's show cause affidavit and enforcement details. Mr. Olivas waived the procedures reading on his clienYs behal£ Mr. Keatley referenced Full Moon Grill vs. City of Loveland as an informative case describing constructive knowledge in violations. After closing arguments, Sandra Llanes referred the Authority to her memo on "conduct of establishmenY' violations. The Authority decided that they would deliberate on all violation counts, and then determine any resulting penalty. Chair Gowen moved, seconded by McMurray, to find liability for the 2 violation counts for sale and service to minors. Motion approved 5:0. Member Marshal] moved, seconded by Gowen, to find liability for 1 violation count for conduct unbecoming a licensed establishment. Motion approved 5:0. Mr. Olivas provided certificates of training completion which were accepted as an agenda exhibit. Mr. Olivas referenced his presented case as evidencing mitigation. Member Wallace moved, seconded by Marshall, to set the penalty for the 3 violations at 15 suspension days served with 29 days held in abeyance for 1 year. Motion approved 5:0. Aurora Curiel requested to serve the 15 suspension days from July 21 to August 4, 2007. Chair Gowen moved, seconded by Marshall, to approve the requested I S suspension dates from July 21, 2007 to August 4, 2007. Motion approved 5:0. 7/18/07 BLA Final Minutes Page 2 of 8 5. Public Hearing and Consideration of a February 13, 2007 application from Ruby's Diner Boulder, LLC d/b/a Ruby's Diner, 1750 29~h Street, Suite 1064, Link Restaurant Group, LLC, Managing Member, with a business mailing address of 1840 Mountain Laurel Circle, Highlands Ranch, CO, for a New Hotel-Restaurant type liquar license. Chair Gowen was the designated hearing conductor. Hearing procedures were read to this applicant. No ex-parte communications or conflicts of interest were disclosed by Authority members. Steve Link, LLC principal, and Ken Adkisson, proposed registered manager, were both swom in, testified concerning this application, and Mr. Link and Mr. Adkisson confirmed premise posting for the required 10 day period. Sue Duffy Schwall with Liquor Licensing Pros was sworn in and testified concerning the petition results submitted. No third parties requested interested party status of the Authority. No public comment was made to the Authority. Member Wallace moved, seconded by McMurray, to approve this application for a New Hotel-Restaurant liquor license. Motion approved 5:0. 6. Public Hearing and Consideration of a May S, 2007 application from Bottoms Up, Inc. d/b/a Market Square Liquor, 1832 30~n Street, Suite B, Maria Harper, Secretary/Treasurer, 1682 Marquerite Corona, Delmar, CA, and Roy Harper, Vice President, 17672 La Entrada, Yorba Linda, CA, for a Transfer of Ownership of a Retail Liquor Store type liquor license. Member Mazshall was the designated hearing conductor. Taylor Harper, corporate president and registered manager for the applicant, was sworn in, testified concerning this application, and Mr. Harper confirmed premise posting for the required 10 day period. Hearing procedures were read. No ex-parte communications or conflicts of interest were disclosed by Authority membera No third parties requested interested party status. No public comment was given in this matter. Mr. Harper addressed his additional background check results. Chair Gowen moved, seconded by McMurray, to approve this application for a Transfer of Ownership for a Retail Liquor Store liquor ]icense. Motion approved 5:0. 7. Public Hearing and Consideration of a May 17, 2007 application from Circle K Stores, Inc. d/b/a Circle K Store #2709866, 1480 Canyon Boulevard, Circle K Stores, Inc. as 100% shareholder with a business mailing address of 1130 West Warner Road, Tempe, AZ, for a New 3.2% Beer Off-Premise type liquor license. Member McMurray was the designated hearing conductor. Alan Dill, Esq. appeared as the applicanYs attorney. Mr. Dill waived the procedures reading on his client's behalf. Chair Gowen suggested combining testimony for agenda items 7 to 10 as to the testimony which was applicable to all items, and addressing inFormation related to the separate store ]ocations at the time that individual appiications were called. Mr. Dill consented to combining ageoda items 7 to 10 on his clienYs behalf. No ex-parte communications or conflicts of interest were disclosed by Authority members. Robert Carrasco (corporate trainer), Troy Beatty (markeUregistered manager), Steven Maega (division manager), and Sanib Shrestha (store on-site manager) were all sworn in, provided testimony concerning this application, and Mr. Beatty confirmed premise posting for the required 10 day period. Mr. Dill commented that Don Cobley, a person who wished to provide public comment, but who was not a resident in 7/18/07 BLA Final Minutes Page 3 of 8 the designated Neighborhood and who needed to depart the hearing due to timing, would have provided public comment as to this store's policy of 100% cazding. Susan Duffy Schwall of Liquar Licensing Pros was sworn in and provided testimony concerning the petition results submitted. No third parties requested interested party status of the Authority. No public comment was given in this matter. Chair Gowen moved, seconded by Marshall, to approve this application for a New 3.2% Beer Off-Premise liquor license. Motion approved 4:1 with Spalding dissenting based on business opposition on the petition results. 8. Public Hearing and Consideration of a May 17, 2007 application from Circle K Stores, Inc. d/b/a Circle K Store #2709866, 3185 28`h Street, Circle K Stores, Inc. as 100% shareholder with a business mailing address of 1130 West Warner Road, Tempe, AZ, for a New 3.2% Beer Off-Premise type liquor license. Member McMurray was the designated hearing conductor. Alan Dill, Esq. appeared as applicanYs attomey. Mr. Dill waived the procedures reading on his clienYs behalf. No ex- parte communications or conflicts of interest were disclosed by Authority members. Robert Carrasco (corporate trainer), Troy Beatty (markeUregistered manager), and Steven Maega (division manager) remained under oath for this agenda item. Troy Beatty confirmed premise posting for the required 10 day period. Mr. Dill requested that administrative notice of the prior testimony given in agenda item 7 be taken and that such testimony be incorporated into the record. The Authority ganted Mr. Dill's request. Susan Duffy Schwall of Liquar Licensing Pros remained under oath and provided testimony concerning submitted petitioning results. Misty Paquat, store on-site manager, was also sworn in and provided testimony. No third parties requested interested party status. No public comment was given. The Authority noted the petition results as concerning due to the high opposition percentage. Member Wallace moved, seconded by Marshall, to deny this application based on the petition opposition percentage. Sandra Llanes asked the Authority to note for the record any additional evidence that the Authority was considering for the denial, and uniformly Authority members noted no additional information persuasive in the presented evidence. Sandra Llanes advised that an applicant must make a prima facie showing concerning the Neighborhood needs and desires. The Authority discussed the prima facie standard and the evidence presented prior to voting. Member Marshall then stated that he removed his second of the denial motion. Member Wallace's application denial motion, then failed for a second. Chair Gowen moved to approve this application. Chair Gowen's approval motion failed for a second. With a stated opportunity to provide any additionai needs and desires evidence, Member McMurray moved, seconded by Marshall, to continue this application hearing until the next BLA August 15, 2007 hearing at 1PM. Motion approved 5:0. 9. Public Hearing and Consideration of a May 17, 2007 apptication from Circle K Stores, Inc. d/b/a Circle K Store #2709866, 2877 Baseline Road, Circle K Stores, Inc. as 100% shareholder with a business mailing address of ll30 West Warner Road, Tempe, AZ, for a New 3.2% Beer Off-Premise type liquor license. Member McMunay was the designated hearing conductor. As he owns property within 500 feet of this proposed location, Member Steve Wallace recused himself from the deliberations. Member Cam Marshall also stated that he is a resident of the designated 7/18/07 BLA Final Minutes Page 4 of 8 Neighborhood, but he felt that he could remain impartial in the deliberations. Alan Dill, Esq. appeared as the applicanYs attorney. Mr. Dill waived the procedures reading on his clienYs behal£ No other ex-parte communications or conflicts of interest were disclosed by Authority members. Robert Carrasco (corporate trainer), Troy Beatty (market/registered manager), and Steven Maega (division manager) remained under oath for this agenda item. Mr. Dill requested that administrative notice of the priar testimony given in agenda item 7 be taken and that such testimony be incorporated into the record. The Authority granted Mr. Dill's request. Susan Duffy Schwail of Liquor Licensing Pros remained under oath and provided testimony on the submitted petitioning results. Linda Woods, store on-site manager, was also sworn in and provided testimony. Troy Beatty confirmed premise posting for the required 10 day period. No third parties requested interested party status. No pubiic comment was given. Chair Gowen moved, seconded by Marshall, to approve this New 3.2% Beer Off-Premise liquor license application. Motion approved 3:1 with Spalding dissenting. 10. Public Hearing and Consideration of a May 17, 2007 application from Circle K Stores, Inc. d/b/a Circle K Store #2709866, 3040 North Broadway, Circle K Stares, Inc. as 100% shareholder with a business mailing address of 1130 West Warner Road, Tempe, AZ, for a New 3.2% Beer Off-Premise type liquor license. Member McMurray was the designated hearing conductor. Alan Dill, Esq. appeared as applicanYs attorney. Mr. Dill waived the procedures reading on his clienYs behal£ No ex- parte communications or conflicts of interest were disclosed by Authority members. Robert Carrasco (corporate trainer), Troy Beatty (market/registered manager), and Steven Maega (division manager) remained under oath for this agenda item. Troy Beatty confirmed premise posting for the required 10 day period. Mr. Dill requested that administrative notice of prior testimony given in agenda item 7 be taken and that such testimony be incorporated. The Authority granted Mr. Dill's request. No third parties requested interested party status. Susan Duffy Schwall of Liquor Licensing Pros remained under oath and provided testimony on submitted petitioning results. Sonya Shrestha, store on-site manager, was also sworn in and provided testimony. Alan McGowen, designated Neighborhood resident, was sworn in and provided comment in favor of the application. No other public comment was given. Chair Gowen moved, seconded by McMurray, to approve the New 3.2% Beer Off-Premise liquor license application. Motion approved 4:1 with Spalding dissenting. 11. Public Hearing and Consideration of a May 23, 2007 application from Beau Jo's Boulder, LLC d/b!a Beau Jds Pizza, 2690 Baseline Road, Beau Jds Management Company, Managing Member, with a business mailing address of 747 Sheridan Boulevard, Unit 4-B, Lakewood, CO for a New Hotel-Restaurant type liquor license. Member Spalding was the designated hearing conductor. Daniel Carr, Esq. appeared as appiicanYs attorney. Franklyn "Chip" Bair, Jr., LLC applicanYs principal, and Michelle Priolla Guttropf, proposed registered manager, were both swom in, testified about this application, and Mr. Bair confirmed premise posting for the required 10 day period. Tina Scott with Oedipus, Inc. was sworn in and testified about the Neighborhood petition results. Mr. Carr waived the procedures reading on his clienYs behalf. No third parties requested interested party status. Member Cam Marshall disclosed that he is a resident in the designated Neigl~borhood, but that he felt that he could remain impartial in the deliberations. 7/18/07 BLA Final Minutes Page 5 of 8 No other ex-parte communications or conflicts of interest were disclosed by Authority members. No public comment was given to the Authority. Mr. Carr advised the Authority that two residents of the designated Neighborhood, Matthew Bendetti and Gerald Lee, and one business manager in the designated Neighborhood, Joseph Klaczynsky, were all present to testify in favor of the application at the start of this hearing but that these persons needed to leave due to the length of proceedings. Chair Gowen moved, seconded by McMurray, to approve this new Hotel-Restaurant liquor license application. Motion approved 5:0. 12. Public Hearing and Consideration of a May 24, 2007 application from Three Forks Restaurant Group, LLC d/b/a Jimmy & Drew's Delicatessen, 2855 28~h Street, James "Jarrett" Eggers, Manager/Member, 13440 Locust Street, Thornton, CO, Andrew Marx, Member, 3010 Baylor Drive, and Sarah Marx, Member, 2521 Broadway, Unit 301, for a New Beer and Wine type liquor license. Member Wallace was the designated hearing conductor. Hearing procedures were read to this applicant. James "JarretY' Eggers, applicant co-owner, was sworn in, testified about this application, and confirmed under oath premise posting for the required 10 day period. Mr. Eggers commented that his business partners, Andrew Marac and Sarah Marx, were present at the start of the hearing but needed to leave to resume operation of the restaurant. Kelly Pietrs of Esquire Petitioning Services was sworn in and testified about the submitted Neighborhood petition results. No ex-parte communications or conflicts of interest were disclosed by Authority members. No third parties requested interested party status. No public comment was made in this matter. Chair Gowen moved, seconded by McMurray, to approve this New Beer and Wine liquor license application. Motion approved 5:0. 13. Public Hearing and Consideration of a May 25, 2007 application from Lone Eagle, Inc. d/b/a Full Moon Grill, 2525 Arapahoe Avenue, Unit E-29, for a trade name change to "Alba Ristorante" and Change of Location to 2480 Canyon Boulevard, Richard Stein, President, for a Hotel-Restaurant type liquor license. Chair Gowen was the designated hearing conductor. Hearing procedures were read to this applicant. Richard Stein, licensee owner, was sworn in, testified about this application and the submitted petition results, and confirmed premise posting for the required 10 day period. No ex-parte communications or wnflicts of interest were disclosed by Authority members. No third parties requested interested party status. No public comment was given. Member Marshall moved, seconded by McMurray, to approve this trade name change and change of location application for a Hotel-Restaurant liquor license. Motion approved 5:0. 14. Public Hearing and Consideration of a May 29, 2007 application from W& R, Inc. d/b/a Wok & Roll Teriyaki, 4800 Baseline Road, Suite A-104, Steve King, Owner, 1417 Catalpa, Erie, CO, far a New Beer and Wine type liquor license. Member Marshall was desi~mated hearing conductor. Steven King, applicant owner, was sworn in, testified about this application and submitted petitioning results, and confirmed premise posting for required 10 day period. Mr. King waived the reading of the procedures. Chair Peter Gowen disclosed that he was a resident in the designated Neighborhood, but that he felt he could remain impartial. No other ex-parte communications or conflicts of interest 7/18/07 BLA Final Minutes Page 6 of R were disclosed by the Authority members. No third parties requested interested party status. No public comment was given. Member McMurray moved, seconded by Wallace, to approve this New Beer and Wine liquor license application. Motion approved 5:0. 15. Matters from the Licensing Clerk: A) Informational Items: i) Publication of emails concerning potential BLA special meeting Mishawn Cook mentioned Green Spot retail liquor store as the matter associated with the documents contain the hearing packet under this agenda item. Ms. Cook stated that she consulted with BPD concerning a license renewal hearing and a pending show cause for Green Spot, and it was determined that a special Authority hearing was not needed. Member Marshall commented that the liquor license posted at the Pei Wei Asian Diner location was expired and Ms. Cook replied that they have properly renewed. Member Mazshall also inquired about the change to signage reading "Lulu's on the Hill" on University Hill and Ms. Cook replied that she had been in contact with the location owner, Andy Schneidkraut, to explain trade name change requirements and issues with oversight and control of kitchens in hotel-restawant liquar licensed premises. 16. Matters from the Assistant City Attorney Sandra Llanes advised that she had filed the appellate brief in the Thunderbird Burgers appeal on July 16`~ and that the city is awaiting a response. Ms. Llanes offered to provide a legal memo addressing Neighborhood needs and desires issues and the Authority members expressed that such a memo would be helpful to them. 17. Matters from the Chair and Members of the Authority A) Debriefmg from this hearing Member Tim McMurray advised that he was unsure if he would serve his entire remaining 4 year tenure as a BLA member due to potential conflicting volunteer opportunities. Mishawn Cook requested that Member McMurray provide as much notice of any change as possible to enable the city to recruit in a timely way. B) Other matters from the Chair and Members No other matters were addressed by Authority members. ADJOURNMENT Member McMurray moved, seconded Marshall, to adjoum. Motion approved 5:0, thus the hearing was adjourned at 5:46 PM. TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS 1:00 PM - 3`d Wednesday of Every Month in City Council Chambers for year of 2007. 7/18/07 BLA Final Minutes Page 7 of 8 Attest: ..~"_ Mishawn J. Cook, Licensing Clerk -- 7/iR/07 BLAFinalMinutes Approv : hai Page 8 of 8