Minutes - Beverages Licensing - 6/21/2000N
CITY OF BOULDER
BEVERAGES LICENSING AUTHORITY
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WEDNESDAY, JUNE 21,2000, 1:00 P.M.
BOULDER CITY COUNCIL CHAMBERS
MUNICIPAL BUILDING - 2 nd FLOOR
1777 BROADWAY, BOULDER, COLORADO
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NAME OF BOARD /COMMISSION: Beverages Licensing Authority
DATE OF MEETING: June 21, 2000
NAME /TELEPHONE OF PERSON PREPARING SUMMARY: Sonya Oster - Deputy City Clerk
(303- 441 -3010)
NAMES OF MEMBERS, STAFF AND INVITED GUESTS PRESENT: _
Board Members: Tom Sanford, Phil Graves, Patrick Mulligan 1 6TE(/� a -VL
Staff Present: Sue -Ellen Harrison, Assistant City Attorney, Sonya Oster, Deputy City Clerk, Officer Jenny
Paddock, Boulder Police Dept., Bob Keatley, Boulder Police Dept. Legal Advisor
WHAT TYPE OF MEETING (CIRCLE ONE): [REGULAR] [SPECIAL] [QUASI -
JUDICIAL
OUTLINE OF AGENDA (USE ONE ADDITIONAL PAGE IF NECESSARY): WHAT WAS
DISCUSSED, TABLED; WHICH ACTION WAS TAKEN; PROVIDE VOTE TALLY OF ANY
VOTES TAKEN:
1. Roll call.
There was a quorum with Member West -Smith being absent.
Approval of Minutes (04- 19 -00).
Graves moved, seconded by Mulligan that the Authority approve the minutes as submitted. Motion
passes 3 -0.
Approval of Minutes (05- 17 -00).
This item was tabl he next meeting due to Member West -Smith being absent.
2. Public Hearing an onsideration of a April 28, 2000 Application from Great Foods, LLC, d/b /a Chautauqua
Dining Hall, 900 Baseline Rd., for a Request to Change, Alter or Modify the Premises of a Hotel- Restaurant
type license.
Mulligan moved, seconded by Graves, that the Authority approve the application for a Request to
Change, Alter or Modify the Premises of a Hotel- Restaurant type license Motion passes 4 -0.
3. Public Hearing and Consideration of a May 1, 2000 Application from Chay Loi and Nu To Do, d/b /a
May -Wah Chinese & Vietnamese Restaurant, 2500 Baseline Rd., Chay Loi, 725 E. Wiggins St., Superior,
CO, General Partner, Nu To Do, 725 E. Wiggins St., Superior, CO, General Partner, for a New Hotel -
Restaurant type license.
Sanford moved, seconded by Graves, that the Authority approve the application for a New Hotel -
Restaurant type license with the conditions that all managers and sellers attend the Boulder Police
Department's alcohol training course within 6 months of being hired. Motion passes 4 -0.
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4. Public Hearing and Consideration of a May 12, 2000 Application from Illegal Pete's, Inc., d/b /a Illegal
Pete's, 1447 Pearl St., for a Request to Change, Alter or Modify the Premises of a Hotel- Restaurant
type license.
Graves moved, seconded by Wallace, that the Authority approve the application for a Request to
Change, Alter or Modify the Premises of a Hotel- Restaurant type license with the condition that the
licensee work with the Deputy City Clerk and the Building Services department to create a better barrier
for the east patio The Deputy City Clerk will inspect the premises prior to allowing the licensee to serve
alcohol on that patio. Motion passes 4 -0.
5. Public Hearing and Consideration of a Renewal Application from Two Jerk's Tavern, Inc., d/b /a Rich's
Road House, 2850 29 St., Richard Goldfeder, President, 2810 29' Street, Boulder, Daniel J. Metsch,
Secretary, 2805 4' Street, Boulder for a Tavern type license.
Graves moved, seconded by Wallace, that the Authority approve the renewal application for a Tavern
type license. The Authority also approved automatic renewal from this date forward and stated that
there are no further conditions placed on this license. Motion passes 4 -0.
6. Show Cause Hearing concerning whether the Hotel - Restaurant type liquor license held by Brinker
Restaurant, Corp., d/b /a Chili's Hamburger Grill & Bar, 1729 28` St., should be suspended or revoked.
Bob Keatieypresented a stipulation of facts signed by the licensee. Mr. Keatley stated that he had
come to an agreement with the licensee that the license be suspended for 5 days. 1 day will be served.
The date of suspension will take place on June 30, 2000 from 12:01 am until July 1. 2000 at 12:00 am.
Graves moved seconded by Sanford that the Authorijy accept the stipulation and agreement. Motion
passes 4 -0.
7. Show Cause Hearing concerning whether the Beer & Wine type liquor license held by Foolish Craig's,
LLC, d/b /a Foolish Craig's Cafe, 1611 Pearl St., should be suspended or revoked.
Bob Keatley presented a stipulation of facts signed by the licensee. Mr. Keatley stated that he had
come to an agreement with the licensee that the license be suspended for 5 days. 2 days will be served.
The date of suspension will take place on June 29, 2000 from 12:01 am until July 1. 2000 at 12:00 am.
Graves moved seconded by Mulligan that the Authorily accept the stipulation and agreement.
Motion passes 4 -0.
8. Show Cause Hearing concerning whether the 3.2% Beer Off Premises type license held by Metro Oil
Company, d/b /a Total #4055 (formerly #2459), 5340 Arapahoe Ave., should be suspended or revoked.
Bob Keatley presented a stipulation of facts signed by the licensee. Mr. Keatley stated that he had
come to an agreement with the licensee that the license be suspended for 15 days. All 15 days will be
served. The date of suspension will take place on June 30, 2000 from 12:01 am until July 15, 2000 at
12:00 am. Graves moved seconded by that the Authority accept the stipulation and
agreement. Motion passes 4 -0.
9. Show Cause Hearing concerning whether the 3.2% Beer Off Premises type license held by Metro Oil
Company, d/b /a Total #4057,1884 Folsom, should be suspended or revoked.
Bob Keatley presented a stipulation of facts signed by the licensee. Mr. Keatley stated that he had
come to an agreement with the licensee that the license be suspended for 5 days. 2 days will be served
The date of suspension will take place on June 29, 2000 from 12:01 am until July 1. 2000 at 12.00 am
Graves moved seconded by Wallace that the Authorily accept the stipulation and agreement. Motion
passes 4 -0.
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10. Show Cause Hearing concerning whether the 3.2% Beer Off Premises type license held by Thrifty Payless,
Inc., d/b /a Rite Aid #6171, 4800 E. Baseline Rd., E100, should be suspended or revoked.
The Authority directed the Deputy City Clerk to have a suspension on record even if the licensee
surrenders it's license. The Deputy City Clerk will work with the licensee and report back to the
Authority at the July meeting.
11. Show Cause Hearing concerning whether the 3.2% Beer Off Premises type license held by Plaza Service
Corporation, d/b /a Gas Gauge Plus, 3200 Arapahoe Ave., should be suspended or revoked.
Bob Keatley asked that this item be continued until the July 19, 2000 hearing. The Authority
approves the continuance.
12. Show Cause Hearing concerning whether the 3.2% Beer Off Premises type license held by Safeway Stores
46, Inc., d/b /a Safeway #919, 4800 Baseline Rd., should be suspended or revoked.
Bob Keatley presented a stipulation of facts signed by the licensee. Mr. Keatley stated that he had
come to an agreement with the licensee that the license be suspended for 5 days. 1 day will be served.
The date of suspension will take place on June 30, 2000 from 12:01 am until July 1. 2000 at 12:00 am.
Graves moved seconded by Mulligan that the Authority accept the stipulation and agreement.
Motion passes 4 -0.
13. Show Cause Hearing concerning whether the 3.2% Beer Off Premises type license held by Pretty Good
Groceries, Inc., d/b /a Lolita's, 800 Pearl St., should be suspended or revoked.
Leslie was present on behalf of the licensee to request a continuance until the July 19 meeting. The
Authority approved a continuance.
14. Show Cause Hearing concerning whether the Retail Liquor Store type license held by McElweida, Inc.,
d/b /a Harvest Wine & Spirits, 3075 Arapahoe Ave., should be suspended or revoked.
Bob Keatley presented a stipulation of facts signed by the licensee. Mr. Keatley stated that he had
come to an agreement with the licensee that the license be suspended for 5 days. 2 days will be served.
The date of suspension will take place on June 29, 2000 from 12:01 am until July 1. 2000 at 12:00 am.
Mulligan moved seconded by Wallace that the Authorily accept the stipulation and agreement.
Motion passes 4 -0.
15. Show Cause Hearing concerning whether the Retail Liquor Store type license held by Ginger's Drive -By,
LLC, d/b /a Ginger's Drive -By Liquor, 3053 28"' St., should be suspended or revoked.
Bob Keatley presented a stipulation of facts signed by the licensee. Mr. Keatley stated that he had
come to an agreement with the licensee that the license be suspended for 10 days. 3 days will be
served. The date of suspension will take place on June 28, 2000 from 12:01 am until July 1. 2000 at
12:00 am. Wallace moved seconded by Sanford that the Authority accept the stipulation and
agreement. Motion passes 4 -0.
16. Show Cause Hearing concerning whether the Retail Liquor Store type license held by PDQ Development,
d/b /a1 Viking Spirits Liquor, 5250 Manhattan Circle, should be suspended or revoked.
Bob Keatley presented a stipulation of facts signed by the licensee. Mr. Keatley stated that he had
come to an agreement with the licensee that the license be suspended for 15 days. 7 days will be
served from this violation, plus 1 day held in abeyance from a 7/99 suspension and 2 days from a
11/99 suspension for a total of 10 days served. 8 days will be held in abeyance for a period of one
year. The date of suspension will take place on June 28, 2000 from 12:01 am until July 9. 2000 at
12:00 am. Wallace moved seconded by Mulligan that the Authority accept the stipulation and
agreement.
Motion passes 4 -0.
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17. Matters from the Deputy City Clerk - Approval of Amended Rules & Procedures
Sanford moved, seconded by Wallace that the Authorityapproved the amended rules and procedures
as submitted. Motion passes 4 -0.
18. Matters from the Assistant City Attorney - None
19. Matters from the Boulder Police Department - Bob Keatley asked that a representative from
State liquor be present at the August meeting to discuss penalty scheduled. The Deputy City
Clerk will arrange it.
20. Matters from the Chair and Members of the Authority - None
Adjournment - The meeting was adjourned at 4:30 p.m.
TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL
HEARINGS:
1:00 PM - 3r Wednesday of Every Month
Tom Sanford,
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ATT ST: I Ak
Sonya Oster, Deputy City Clerk
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