Minutes - Beverages Licensing - 9/19/2001CITY OF BOULDER
BEVERAGES LICENSING AUTHORITY
* * * MINUTES
WEDNESDAY, SEPTEMBER 19,2001, 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: September 19, 2001
NAME/TELEPHONE OF PERSON PREPARING SUMMARY: Sonya Oster - Deputy City Clerk
(303- 441 -3010)
NAMES OF MEMBERS, STAFF AND INVITED GUESTS PRESENT:
Board Members: Patrick Mulligan, Kathy Tucker, Mary West - Smith, Steve Wallace
Staff Present: Sue -Ellen Harrison, Assistant City Attorney, Sonya Oster, Deputy City Clerk,
Bob Keatley, Legal Advisor for the Boulder Police Dept., Officers J. Paddock, M. Wilson, Boulder Police
Department
WHAT TYPE OF MEETING (CIRCLE ONE): [REGULAR] [SPECIAL] UASI-
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,
Roll call was taken, Member Graves was absent. There was a quorum.
Approval of Minutes (08- 15 -01).
Tucker moved, seconded by Wallace, that the Authority approve the minutes as submitted. Motion
passes 4 -0.
2. Public Hearing and Consideration of a July 17, 2001 Application from Tora International, Inc.,
d/b /a Sushi Tora, 201410' St., Sadao Mori, 1010 Opal St., Broomfield, Pres./Reg. Mgr.,
Yoshikatsu Shiuchi, 480 Blackfoot St., Superior, V.P., Hiroko Sugimoto, 2270 E. Cherrywood Dr.,
Lafayette, Tres., Takashi Saito, 1241 Balsam Ave., #1, Boulder, Sec., for a Transfer of Ownership
of a Beer & Wine type liquor license, currently held by NHK, Inc.
West -Smith moved. seconded by Tucker, that the Authoritv approve the Transfer of Ownership of a
Beer & Wine type liquor license. Motion passes 4 -0.
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3. Public Hearing and Consideration of a July 18, 2001 Application from R2DJ, Inc., d/b /a The
Players Club, 114313 St., Patrick LeMahieu, 1212 Rutledge St., Madison, WI, Pres., Nolan
Addison, 1640 Bradley Dr., Boulder, Reg. Mgr., for a Transfer of Ownership of a Hotel -
Restaurant type liquor license.
Wallace moved, seconded by Mulligan, that the Authority approve the Transfer of Ownership of a
Hotel- Restaurant on the condition that the applicant must come before the board for approval of its
1 St year renewal. Motion passes 4 -0.
Consideration of an application from R21)J, Inc., d/b /a The Players Club, 114313 St., for a
temporary license.
Wallace moved, seconded by Tucker, that the Authority approve the applicant's temporary license.
Motion yasses4 -0
4. Public Hearing and Consideration of a July 23, 2001 Application from Safeway Store 46, Inc.,
d/b /a Safeway Store #919, 4800 East Baseline Rd., for a Request to Change, Alter or Modify
the Premises of a 3.2% Beer Off Premise type license.
Wallace moved, seconded by Tucker, that the Authority approve the Request to Change, Alter or
Modify the Premises of a 3.2% Beer Off Premise type license. Motion passes 4 -0.
5. Public Hearing and Consideration of a July 31, 2001 Application from Ritz Bros., Inc., d/b /a The
Sink, 116413 St., for a Request to Change, Alter or Modify the Premises of a Hotel -
Restaurant type liquor license.
Tucker moved, seconded by Wallace, that the Authority approve the Request to Change, Alter or
Modify the Premises of a Hotel- Restaurant type liquor license. Motion passes 4 -0.
6. Show Cause Hearing concerning whether the Retail Liquor Store type liquor license held by
Firehouse Liquors, Inc., d/b /a Firehouse Liquor Station, 2801 Iris Ave., should be suspended or
revoked.
Bob Keatlev presented a stipulation of facts agreed to by the licensee. Mr. Keatlev stated that he had
come to an agreement with the licensee that the license be suspended for 9 days. 4 days will be
served. The date of suspension will take place on September 26, 2001 from 12:01 am until September
29, 2001 at 11:59 pm. Mulligan moved, seconded by Wallace, that the Authority accept the
stipulation and agreement. Motion passes 4 -0.
7. Show Cause Hearing concerning whether the 3.2% Beer Off Premise type liquor license held by
Pretty Good Groceries, Inc., d/b /a Lolita's, 800 Pearl St., should be suspended or revoked.
Bob Keatlev presented a stipulation of facts agreed to by the licensee. Mr. Keatlev stated that he had
offered the licensee that the license be suspended for 41 days and serve 21 days with 20 days held in
abeyance for one year from the date of this hearing. The licensee auestioned the Authority about the
calculation of days held in abeyance and the "second violation within one year" calculation. The
Authority stated that both are calculated on hearing date to second or subsequent violation date, not
hearing date to hearing date or violation date to violation date. The Authority voted to accept Mr.
Keatlev's offer of 41 days total with 21 days being served. The date of suspension will take place on
September 26, 2001 from 12:01 am until October17, 2001 at 11,59 pm. Mulligan moved, seconded by
Tucker, that the Authority accept the stipulation and agreement. Motion passes 3 -1 with Member
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8. Show Cause Hearing concerning whether the Hotel- Restaurant type liquor license held by YCS,
Inc., d/b /a 32 Degrees and Rising, 1718 Broadway, should be suspended or revoked.
Bob Keatley suggested that the matter be dismissed due to the fact that the material witness could not
be located. The matter was dismissed.
9. Matters from the Deputy City Clerk
1. Set Neighborhood boundaries for October 17 hearing
The Deputy City Clerk informed that there were no boundaries to be set for the October 17 hearing.
10. Matters from the Assistant City Attorney
11. Matters from the Boulder Police Department
12. Matters from the Chair and Members of the Authority
The Authority set October 18 as a work session from 5 -9 2m. The Authority also decided to invite the
DUI locations to the November 14 meeting. The Authority also decided to move the November
hearing from November 21 to November 14 due to the Thanksgiving holiday.
Adjournment - The meeting was adjourned at 5:15 p.m.
TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL
HEARINGS:
0 II 1:00 PM - 3 " d Wednesday of Every Month
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Mary West - Smith, Chair
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Sonya Oster, Deputy City Clerk
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