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Minutes - Beverages Licensing - 10/17/2001-k - - . Y CITY OF BOULDER • BEVERAGES LICENSING AUTHORITY * * *MINUTES * * * WEDNESDAY, OCTOBER 17,2001, 1:00 P.M. BOULDER CITY COUNCIL CHAMBERS MUNICIPAL BUILDING - 2 nd FLOOR 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD /COMMISSION: Beverages Licensing Authority DATE OF MEETING: October 17, 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 QUASI - JUDICIAL MEETING OUTLINE OF AGENDA Roll Call, • Roll call was taken, Member Graves was absent. There was a quorum. Approval of Minutes (09- 19 -01). Tucker moved, seconded by Wallace, that the Authority approve the minutes as submitted. Motion carries 4 -0. 2. Public Hearing and Consideration of an August 6, 2001 Application from CCRC, Inc., d/b /a La Mariposa Restaurant Boulder, 2845 28 St., Rene Cervantes, 11201 Prospect Rd., Longmont, CO, Pres./Reg. Mgr., Maria Del. R. Cervantes, 11201 Prospect Rd., Longmont, V.P. /Sec., for a New Hotel - Restaurant type liquor license. The attorney for the licensee was present and requested a continuance due to a restructure of the corporation. Wallace moved, seconded by Tucker, that the Authority continue the public hearing for a New Hotel- Restaurant type liquor license to the November hearing. Motion carries 4 -0. 3. Public Hearing and Consideration of an August 21, 2001 Application from TLIM, INC., d/b /a Viking Spirits and Liquors, 5250 Manhattan Circle, Than Lim, 9061 Stuart St., Westminster, Pres./Reg. Mgr.,for a Transfer of Ownership of a Retail Liquor Store type liquor license, previously held by PDQ Development, Inc., d/b /a Viking Spirits. Tucker moved, seconded by Wallace, that the Authority approve the Transfer of Ownership of a Cj • • 4. Public Hearing and Consideration of an August 31, 2001 Application from Bolder Investments, LLC, d/b /a Flatiron Athletic Club, 505 Thunderbird Dr., Keith McQuillen, 1178 Wagonwheel Gap, Boulder, Managing Member, Jens Husted, 861 11 St., Boulder, Managing Member/Reg. Mgr., for a Transfer of Ownership of a Hotel- Restaurant type liquor license, previously held by Flatiron Athletic Club, Ltd., d/b /a Flatiron Athletic Club. Mulligan moved, seconded by Tucker, that the Authority approve the Transfer of Ownership of a Hotel- Restaurant type license. Motion carries 4 -0. 5. Show Cause Hearing concerning whether the tavern type liquor license held by, 4871 Broadway, Inc., d/b /a The Bustop, 4871 N. Broadway, should be suspended or revoked. Bob Keatley 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. 1 day would be served with 8 held in abeyance for one -year. The licensee asked for a fine in lieu of the suspension, the Authority denied the request. The date of suspension will take place on October 28, 2001 from 12:01 am until October 29, 2001 at 11:59 pm. Wallace moved, seconded by Tucker, that the Authority accept the stipulation and agreement. Motion carries 4 -0. 6. Show Cause Hearing concerning whether the Hotel & Restaurant type liquor license held by Half - Fast, Inc., d/b /a Half Fast Subs, 121513 St., 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 40 days, 10 of the days will be served. The date of suspension will take place on October 26, 2001 from 12:01 am until November 4. 2001 at 11:59 pm. The Authority agreed to table the rest of the suspension hearing to their January meeting. At that time, the licensee will need to demonstrate to the Authority the issues listed in the stipulation agreement. The Authority will decide what to do with the remaining 30 days of the suspension. Mulligan moved, seconded by Tucker, that the Authority accept the stipulation and agreement. Motion carries 3 -1. Member Wallace opposes. 7. Show Cause Hearing concerning whether the Retail Liquor Store type liquor license held by First Time Liquors, LLC, d/b /a Market Square Liquors, 1886 30 St., 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 would be served with 5 held in abeyance for one year. The licensee asked for a fine in lieu of the suspension,, the Authority agreed to accept a fine in lieu of for 3 days and 1 day will be served. The date of suspension will take place on October 27, 2001 from 12:01 am until October 28, 2001 at 11:59 pm. Mulligan moved, seconded by Wallace, that the Authority accent the stipulation and agreement. Motion carries 4 -0. 8. Show Cause Hearing concerning whether the Hotel- Restaurant type liquor license held by Armadillo Club, Inc., d/b /a Armadillo Restaurant, 1675 28 St., should be renewed. The Assistant City Attorney ("Attorney) advised the Authority that they should not take action to revoke the liquor license based on the fact that the licensee had failed to renew only. The licensee still has a 90 -day grace period from the date of expiration. The Attorney also stated that if the Authority had proof that the licensee no longer had possession of the premises, then the Authority could revoke • • 9. Show Cause Hearing concerning whether the Hotel- Restaurant type liquor license held by Five Top, Inc., d/b /a Cafe Louie, 825 Walnut St., should be renewed. Assistant City Attorney ( "Attorney) advised the Authority that they should not take action to revoke the liquor license based on the fact that the licensee had failed to renew only. The licensee still has a 90 -dav grace period from the date of expiration. The Attornev also stated that if the Authority had proof that the licensee no longer had possession of the premises, then the Authority could revoke the licensee before the 90-day grace period. 10. Show Cause Hearing concerning whether the Hotel - Restaurant type liquor license held by 1515 -23 Market Street, Inc., d/b /a Flatirons Steakhouse, 2690 Baseline Rd., should be renewed. The Deputy City Clerk informed the Authority that she had received the renewal this morning. No further action was taken by the Authority. 11. Matters from the Deputy City Clerk 1. Set Neighborhood boundaries for October 17 hearing. Thunderbird Burgers, LLC d/b /a Thunderbird Burgers NORTH: Arapahoe Ave. Ext. SOUTH: King Ext. WEST: 6 th St. EAST :Folsom Wallace moved, seconded by Tucker, that the Authority approve the boundaries as set forth above. Motion carries 4-0. The Deputy City Clerk also advised the Authority that she had received an e-mail from Member Graves stating that he needed to resign from the Authority, we will now need to recruit for two members at the annual recruitment. Mulligan moved, seconded by Tucker that the Authority change the date of their November hearing. The November hearing has now been scheduled for November 19. Motion carries 4 -0. 12. Matters from the Assistant City Attorney The Assistant City Attorney presented the Authority with a memo regarding automatic renewals and "Needs & Desires." The Attorney informed the Authority that it was the opinion of the City Attorney's office that the condition requiring a needs and desire determination for renewal hearings is not enforceable. 13. Matters from the Boulder Police Department 14. Matters from the Chair and Members of the Authority Adjournment - The meeting was adjourned at 5:00 p.m. TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS: 1:00 PM - 3 rd Wednesday of Every Month Mary West - Smith, Chair ATTE T: Sonya Oster, Deputy City Clerk c: