Minutes - Beverages Licensing - 7/19/2000CITY OF BOULDER >/
BEVERAGES LICENSING AUTHORITY
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WEDNESDAY, JULY 19,2000, 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: July 19, 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: Phil Graves, Mary West - Smith, Steve Wallace
Staff Present: Sue -Ellen Harrison, Assistant City Attorney, Sonya Oster, Deputy City Clerk, Officers Jenny
Paddock and Brent Curnow, 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 Members Mulligan and Sanford being absent.
Approval of Minutes (05- 17 -00).
This item was tabled to the August hearing.
Approval of Minutes (06- 21 -00).
This item was tabled to the August hearing
2. Show Cause Hearing concerning whether the 3.2% Off Premises type liquor license held by 7- Eleven,
Inc., d/b /a 7- Eleven Store #19948,1707 Walnut, should be suspended or revoked.
Bob Keatley presented a stipulation of facts agreed to by the licensee. Mr. Keatley stated that he had
come to an agreement with the licensee that the license be suspended for 60 days. 30 day will be served
The licensee is to obtain a new store manager before or during the 60 day suspension. If the licensee hires
a manager after July 24, 2000, those days will be added to the original 30 days and the licensee will have
to serve those days as well. Any remaining days will be held in abeyance for one year from the date of the
manger being hired. The date of suspension will take place on July 24, 2000 from 12:01 am until August
22, 2000 at 12:00 am. Graves moved, seconded by Wallace that the Authority accept the stipulation and
agreement. Motion passes 3 -0.
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3. 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 presented a stipulation of facts agreed to by the licensee. Mr. Keatley stated that he had
come to an agreement with the licensee that the license be suspended for 5 days. The licensee has
voluntarily surrendered their liquor license to the Deputy City Clerk and has agreed to the 5 day
suspension for the record. Graves moved, seconded by Wallace, that the Authorily accept the stipulation
and surrendered license. Motion passes 3 -0.
4. 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.
Mr. Keatley stated that he had come to an agreement with the licensee's attorney that the license be
voluntarilv surrendered. Wallace moved, seconded by G that the Au thori accept the surr
license. Motion passes 3 -0.
5. 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.
There was not a representative of the licensee that was present. Sue Ellen Harrison placed a call and
learned that the licensee was out of the country and thought that a stipulation and agreement had already
been agreed to. Graves moved, seconded by Wallace that the Authoritv continue this hearing until the
September 20, 2000 hearing. Motion passes 3 -0.
6. Show Cause Hearing concerning whether the Hotel- Restaurant type license held by Chang Enterprises,
Inc., d/b /a House of Chang, 6565 Gunpark Dr., should be suspended or revoked.
Bob Keatley presented a stipulation of facts agreed to 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 July 28, 2000 from 12:01 am until July 29, 2000 at 12:00 am. Graves
moved, seconded by Wallace that the Authorily accept the stipulation and agreement. Motion passes 3 -0.
7. Show Cause Hearing concerning whether the Hotel- Restaurant type license held by Pearl Street Cellar,
Inc, d/b /a Serrano's, 6565 Gunpark Dr., should be suspended or revoked.
Bob Keatley presented a stipulation of facts agreed to 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 July 28, 2000 from 12:01 am until July 29, 2000 at 12:00 am.
Wa lla ce moved, s by Graves that the Authoritv ac the stipulation and agreement. Motion
passes 3 -0.
8. Show Cause Hearing concerning whether the Hotel- Restaurant type license held by Trilogy Wine Bar,
LLC, d/b /a Trilogy Wine Bar, 2017 13'' St., should be suspended or revoked.
Bob Keatley presented a stipulation of facts agreed to 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 August 3, 2000 from 12:01 am until August 5, 2000 at 12:00 am.
Wallace moved, seconded by Graves that the Authority acce the stipulat and agreement. Motion
passes 3 -0.
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9. Show Cause Hearing concerning whether the Retail Liquor Store type liquor license held by Ace
Discount Liquors, Inc., d/b /a Ace Discount Liquor, 2991 Pearl St., should be suspended or revoked.
Bob Keatley presented a stipulation of facts agreed to 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 August 1, 2000 from 12:01 am until August 3. 2000 at 12:00 am.
Wallace moved, seconded by Graves that the Authority accept the stipulation and agreement. Motion
passes 3 -0.
10. Show Cause Hearing concerning whether the Retail Liquor Store type liquor license held by Popinder,
Corp., d/b /a Baseline Liquor, 2750 Baseline, should be suspended or revoked.
Bob Keatley presented a stipulation of facts agreed to 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 August 2. 2000 from 12:01 am until August 3. 2000 at 12:00 am. The
licensee will pay a fine in lieu of being suspended for an additional day. The amount of the fine will need
to be verified by the Deputy City Clerk. Wallace moved, seconded by Graves that the Authority accept
the stipulation and agreement. Motion
passes 3 -0.
11. Show Cause Hearing concerning whether the Retail Liquor Store type liquor license held by S.P.B.,
d/b /a Gun Barrel Green Liquor, 6566 Lookout Rd., should be suspended or revoked.
Bob Keatley presented a stipulation of facts agreed to 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 August 2. 2000 from 12:01 am until August 3, 2000 at 12:00 am. The
licensee will pay a fine in lieu of being suspended for an additional day. The approximate fine is
$1,403.86, with the Deputy City Clerk needing to verify the sales records. The licensee also agreed to send
all current employees to the Boulder Police Department alcohol training class within 90 days of today's
date. Any future employees will also attend the same course. Graves moved, seconded by Wallace that
the Authority accept the stipulation and agreement. Motion passes 3 -0.
12. Show Cause Hearing concerning whether the Retail Liquor Store type liquor license held by Liquor
Mart, Inc., d/b /a Liquor Mart, 1750 15' St., should be suspended or revoked.
Bob Keatley presented a stipulation of facts agreed to by the licensee. Mr. Keatley stated that he had
. come to an agreement with the licensee that the license be suspended for 5 days. % day will be served. The
date of suspension will take place on August 8, 2000 from 12:01 am until August 8. 2000 at 7:00 pm.
Graves moved, seconded by Wallace that the Authority accept the stipulation and agreement. Motion
passes 3 -0.
13. Show Cause Hearing concerning whether the Retail Liquor Store type liquor license held by Chanso,
Inc., d/b /a Petty John's Liquor & Wine, 613 S. Broadway, should be suspended or revoked.
Bob Keatley presented a stipulation of facts agreed to 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 August 2, 2000 from 12:01 am until August 3, 2000 at 12:00 am. The
licensee will pay a fine in lieu of being suspended for an additional day. The amount of the fine will need
to be verified by the Deputy City Clerk. Graves moved, seconded by Wallace that the Authority accept
the stipulation and agreement. Motion passes 3 -0.
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14. Show Cause Hearing concerning whether the 3.2% Off Premise type liquor license held by Silco Oil
Co., d/b /a Barn Store #17, 4600 N. Broadway, should be suspended or revoked.
Bob Keatley presented a stipulation of facts agreed to 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 July 28, 2000 from 12:01 am until July 30, 2000 at 12:00 am.
Wallace moved, seconded by Graves that the Authorily accept the stipulation and agreement. Motion
passes 3 -0.
15. Show Cause Hearing concerning whether the 3.2% Off Premise type liquor license held by Silco Oil
Co., d/b /a Barn Store #26, 4501 N. Broadway, should be suspended or revoked.
Bob Keatley presented a stipulation of facts agreed to by the licensee. Mr. Keatley stated that he had
come to an agreement with the licensee that the license be suspended for 60 days. 45 days will be served.
The date of suspension will take place on July 28, 2000 from 12:01 am until September 11, 2000 at 12:00
am. Wallace moved, seconded by Graves that the Authorijy accept the stipulation and agreement.
Motion passes 3 -0.
16. Show Cause Hearing concerning whether the 3.2% Off Premise type liquor license held by Metro Oil
Co., d/b /a Diamond Shamrock #1110, 2995 30 " St., should be suspended or revoked.
Attorney Jon Stonbraker was present to ask the Authority for a continuance due to the fact that his office
received the Show Cause Notice the day before the hearing. Mr. Stonbraker stated that his client was
possibly Eoing to surrender their liauor license. The Authoritv directed the Deputy Citv Clerk to work
with Mr. Stonbraker on this issue.
17. Show Cause Hearing concerning whether the 3.2% Off Premise type liquor license held by Dillon
Companies, Inc., d/b /a King Soopers #61,1650 30 St., should be suspended or revoked.
Bob Keatley presented a stipulation of facts agreed to 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 August 4, 2000 from 12:01 am until August 5. 2000 at 12:00 am.
W mov seconded by Graves that the Au thoritv accept the stipulation and agreement. Motion
passes 3 -0.
18. Show Cause Hearing concerning whether the Retail Liquor Store type liquor license held by Do Sook
Kim, d/b /a Williams Village Liquors, 655 30 St., should be suspended or revoked.
Bob Keatley presented a stipulation of facts agreed to 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 July 28, 2000 from 12:01 am until July 30, 2000 at 12:00 am.
Wallace moved, seconded by Graves that the Authority accept the stipulati and agreement. Motion
passes 3 -0.
19. Show Cause Hearing concerning whether the 3.2% Off Premise type liquor license held by
Albertson's, Inc., d/b /a Albertson's Food Center #843,1850 30' St., should be suspended or revoked.
Bob Keatley presented a stipulation of facts agreed to 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 da y will be served. The
date of suspension will take place on August 4, 2000 from 12.01 am until August 5, 2000 at 12.00 am
Graves moved seconded by Wallace that the Authori accept the sti ulation and agreement. Motion
passes 3 -0.
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20. Show Cause Hearing concerning whether the 3.2% Off Premise type liquor license held by Leever's
Supermarkets, Inc., d/b /a Leevers Foods, 1850 30 " St., should be suspended or revoked.
The Deputy City Clerk requested that the Authority dismiss the violation against the licensee due to the
fact that the licensee was in the process of transferring the license to Albertson's, Inc. and therefore did
not have possession of the premises when the violation occurred. The Authority agreed to dismiss the
violation.
21. Show Cause Hearing concerning whether the 3.2% Off Premise type liquor license held by Equilon
Enterprises, Inc., d/b /a Texaco of Colorado #0009, 3040 Broadway, should be suspended or revoked.
Bob Dill was present as the attorney for the licensee. He stated that his office had not notified the licensee
of the violations and could not speak on their behalf. However, Mr. Dill and Mr. Keatley worked out a
tentative agreement. The proposed agreement would be that the licensee stipulate to the facts and agree
to a suspension of 5 days. 2 days will be served. The date of suspension will take place on August 4, 2000
from 12:01 am until August 6, 2000 at 12:00 am. Mr. Dill will work with the Deputy City Clerk on this
proposed stipulation and agreement. Graves moved, seconded by Wallace that if the licensee agrees to the
proposal, that it will be accepted by the Authority. Motion passes 3 -0.
22. Show Cause Hearing concerning whether the 3.2% Off Premise type liquor license held by Equilon
Enterprises, Inc., d/b /a Texaco of Colorado #099, 3185 28"' St., should be suspended or revoked.
Bob Dill was present as the attorney for the licensee. He stated that his office had not notified the licensee
of the violations and could not speak on their behalf. However, Mr. Dill and Mr. Keatley worked out a
tentative agreement. The proposed agreement would be that the licensee stipulate to the facts and agree
to a suspension of 5 days. 1 day will be served plus 2 days that were held in abeyance from a 7/99
suspension, for a total of a 3 day suspension. The date of suspension will take place on August 4. 2000
from 12:01 am until August 7, 2000 at 12:00 am. Mr. Dill will work with the Deputy Cily Clerk on this
proposed stipulation and agreement. Graves moved, seconded by Wallace that if the licensee agrees to the
proposal, that it will be accepted by the Authority. Motion passes 3 -0.
23. Show Cause Hearing concerning whether the 3.2% Off Premise type liquor license held by Equilon
Enterprises, Inc., d/b /a Texaco of Colorado #1304, 2877 Baseline, should be suspended or revoked.
Bob Dill was present as the attorney for the licensee. He stated that his office had not notified the licensee
of the violations and could not speak on their behalf. However, Mr. Dill and Mr. Keatley worked out a
tentative agreement. The proposed agreement would be that the licensee stipulate to the facts and agree
to a suspension of 5 days. 2 days will be served plus 2 days held in abeyance from a 7/99 suspension, for a
total of a 4 dam pension. The date of suspension will take place on August 4, 2000 from 12:01 am until
August 8, 2000 at 12:00 am. Mr. Dill will work with the Deputy City Clerk on this proposed stipulation
and agreement. Graves moved, seconded by Wallace that if the licensee agrees to the proposal, that it will
be accepted by the Authority. Motion passes 3 -0.
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24. Show Cause Hearing concerning whether the Hotel- Restaurant type liquor license held by Boulder
Cafe Corporation, d/b /a Boulder Cafe, 1247 Pearl St., should be suspended or revoked.
Bob Keatley presented a stipulation of facts agreed to by the licensee. Mr. Keatley stated that he had
come to an agreement with the licensee that the license be suspended for 3 days. All three days will be
held in abeyance for a period of one year from the date of this hearing. Graves moved, seconded by
Wallace that the Authorily accept the stipulation and agreement. Motion passes 3 -0.
25. Matters from the Deputy City Clerk -
1) Neighborhood boundaries for the August 16, 2000 hearing.
Graves moved, seconded by West -Smith that the Authority approve the boundaries as set forth below. Motion passes 3 -0.
Neighborhood Boundaries were set for the following applicants for the August 16, 2000 hearing:
The Noodle Shop Company - Colorado, Inc.
d/b /a Noodles & Company
2850 Baseline Rd.
NORTH: Arapahoe Ave. SOUTH: Table Mesa Dr. Ext. WEST: 14` Street EAST: Foothills Parkway
2) Barrel House Discussion - The Authority was presented with a police report from a 03/31/00
incident in which a patron was potentially over served. The Authority decided to take no
action on this item.
3) Fox Theater "Fight Night" - The Authority asked the Deputy City Clerk to talk with Bill
Bennett about their concern with these events. The Authority is concerned with the
conduct of the establishment. The Authority also asked Officer Curnow to report back
with any concerns that the police might have with these events.
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26. . Matters from the Assistant City Attorney - None
27. Matters from the Boulder Police Department - None
28. Matters from the Chair and Members of the Authority - None
Adjournment - The meeting was adjourned at 5:15 p.m.
TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS:
1:00 PM - 3 d W ednesday of Every Month
Mary Wes(-Smith, Vice -Chair
ATTE T:
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Sonya Oster, Deputy City Clerk
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