02-3-3.C(00) BEVERAGE LICENSING PROCEDURES AMENDED2-3-3.C(00)
QFFICE 6f TH CITV fl~i
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Proposed rules approved as to fo and legality by the City Attorney's
office on ~JUn,e, 029, ~-a~tJ by ~ ~- ~ ~~ , City
(Date)
Attomey.
Proposed ru es approved prior to publication by City Manager or his Delegate on
(Date)
Three copies of proposed rule filed with City Clerk's office on ~
~ ~C ~~ (Date)
Date of publication of notice in Daily Camera ~
(Date)
Approved by the City Manager or his delegate without change after considering
public comment on , ~//~~/,0
(Da[e)
Adopted rules filed with City Clerk and effective on ~/~~~/'~
' (Date)
...
2
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RULESOF PROCEDURE
„ CITY OF BOULDER
~ BEVERAGES LICENSING AUTHORITY
Table of Contents
RULE 1.
RULE 2.
RULE 3. APPLICABILITY OF RULES
EFFECTIVE DATE
APPLICATIONS AND REOUESTS TO THE AUTHORITY
RULE 4. TRAINING REOUIREMENTS
RULE 5. NEW LICENSE - CONTENTS OF LOCAL APPLICATION
RULE 6. TRANSFER OF OWNERSHIP OF LICENSED ESTABLISHMENT
RULE 7. CHANGE OF LOCATION
RULE 8. RENEWAL OF EXISTING LICENSE
~ RULE 9. CI3ANGING. ALTERING OR MODIFYING LICENSED PREMISES
~
RULE 10. FINGERPRINTS
RULE 11. PLANS AND SPECIFICATIONS
RULE 12. RIGHT TO POSSESSION
RULE 13. BED AND BREAKFAST PERMiT
RULE 14: SPECIAL EVENTS PERMIT
RULE 15. NECESSITY OF PUBLIC HEARINGS: POSTING AND
PUBLICATION OF NOTICE
RULE 16. PRELIMINARY INVESTIGATION AND FINDINGS
RULE 17. PROCEDURAL ASPECTS OF PUBLIC HEARINGS: REGULAR MEETINGS
RULE 18. SUSPENSION AND REVOCATION; HEARINGS AND PROCEDURE
RULE 19. POST APPROVAL INSPECTION
W RULE 20. PETITIONS
NALIQUOR\P~Id11luleal.wpE Jooavey 29,1998
e
RULESOFPROCEDURE
CITY OF BOULDER
BEVERAGES LICENSING AVTHORITY
RULE 1. APPLICABILITY OF RULES
In addition to any other rules, laws, ordinances or regulations which may be applicable, these rules shall
govern all proceedings before the Beverages Licensing Authority (the "Authority") of the City of Boulder.
RULE 2. EFFECTIVE DATE
The effective date of these rules shall be Apri122, 1982.
RULE 3. APPLICATIONS AND REOUESTS TO THE AUTHORITY
(a) All applications and requests to the Authority shall be filed in triplicate, with the City Clerk of the City
of Boulder, Colorado.
(b) All information supplied on applications and requests, except for drawings, plans and specifications, if
any, shall be typewritten or clearly printed.
(c) Incomplete application forms shall not be accepted.
RULE 4. TRAINING REOUIREMENTS
All employees involved in the service of alcohol, including, without limitation, managers, clerks, bartenders
and waitpersons, shall attend an alcohol seiler/server training course within six months from the approval of
the license. New employees shall take a course within six months of their hire date. The haining shall be a
continuous condition of the license, and all subsequent renewals, if the Authority approves the application.
~-
The Authority shall designate those courses which satisfy this requirement.
RULE 5. NEW LICENSE - CONTENTS OF LOCAL APPLICATION
All local applications for a new local license shall be made under oath to the City Clerk, on forms provided by
the Clerk. State applications for a new license shall be on the forms provided by the City Clerk's office.
RULE 6. TRANSFER OF OWNERSHIP OF LICENSED ESTABLISHMENT
(a) The application and procedure for obtaining approval for the transfer of a license shall conform to the
application and procedure set forth in these Rules for the granting of a new license, except as
specifically provided otherwise in these Rules.
(b) The transferee licensee shall secure the assent of the transferor licensee. No transfer shall be approved
until substantial, competent evidence is presented to the Authority memorializing such assent. A
notarized statement by the transferor requesting that the Authority transfer the license to the transferee
is such evidence.
(c) Applications for the transfer of a license shall be submitted to the City Clerk and scheduled for a public
hearing before the Authority pursuant to Rule 15. The City Clerk shall give the notices specified in
Rule 15 and shall mail notice of the hearing to the transferor licensee at the last address known to the
Clerk.
(d) If all of the transferee licensees aze transferor licensees, as in the reduction of the number of partners in
a partnership, the Chair shall have the authority to grant the application or to refer the application to the
Authority.
HdUQUOR1Rul~s\HUIeJ.aptl Jmuary 29,1998 ~
~
(e) A temporary pernut to authorize the applicant to continue selling alcoholic or fermented malt
beverages, during the period in which an application to transfer the ownership of the license is pending,
may be issued by the City Clerk upon application by the transferee licensee on forms provided by the
-^ City Clerk and accompanied by the appropriate fee. The City Clerk shall issue a temporary permit
~.- within five working days from the date of a completed application provided that all requirements of the
Colorado Liquor and Beer Code, Sections 12-47-313 have been met by the applicant. The application
shall be filed no later than thirty days a8er the filing of a complete application for transfer of
ownership. The temporary permit shall be good for no more than one hundred twenty days or until
such time as the applicarion to transfer ownership of the license is granted whichever shall occur first.
In the event the application to transfer the ownership is denied by the Authority, the temporary pernut
is immediately void and the license remains in the name of the transferor licensee.
RULE 7. CHANGE OF LOCATION
(a) The application and procedure for obtaining approval for a change of location for a liquar or fermented
malt beverage license shail conform to the application and procedure set forth in these Rules for the
granting of a new license, except as specifically provided otherwise in these Rules. In addition, the
reason for requesting the change shall be stated with the application.
(b) A public hearing shall be held in all cases where a transfer of location is desired. Posting and public
notice of such hearing, as provided in Rule 15, shall be given.
RULE 8. RENEWAL OF EXISTING LICENSE
(a) An applicarion for the renewal of an existing license shall be filed with the City Clerk not less than 45
days prior to the date of expiration stated on the license. The Authority, for good cause, may waive
this time requirement. Local applications for renewal shall be in the forms provided by the City Clerk's
,,.., office.
~(b) The City Clerk shall forwazd a11 renewal applications, as received, to the Chair of the local licensing
authority, who shall have the authority to grant the same. No public hearing shall be required on a
renewal application; provided, however, that a hearing shall be held prior to any denial of a renewal
application. Notice of and the conduct of any such hearing shall comply with the provisions of these
Rules regazding applications for a new license.
(c) The training requirements as set forth in Rule 4 shall apply for all renewals.
(d) Beginning with renewals in August 2000, all licensees sha11 disclose criminal history information for
the past three yeazs. The persons required to disclose informafion shall be all officers, directors, and
members of a corporation, limited liability company or partnership. In addition, the licensee shall also
disclose criminal history informarion for all persons having a 10% or greater interest in the license.
After August 2003, all licensees shall disclose criminal history infonnation for the previous year.
RULE 9. CHANGING. ALTERING OR MODIFYING LICENSED PREMISES
(a) Requests for proposed change, alterarion or modification of an existing outlet licensed to sell liquor or
fermented malt beverages shall be on such forms as aze provided by the City Clerk of the City of
Boulder. Said request shall be accompanied by adequate plans and specifications which shall be
sufficient to advise the Authority of the scope and nature of the proposed request. The request shall be
filed with the City Clerk.
(b) If the Clerk determines that the proposed change, alteration, or modification shall not substantially alter
the premises or the usage thereof, the Clerk shall approve the applicafion. Otherwise, the Clerk shall
~ set the application for a public hearing, give the notices specified in Rule 15, and mail norice of the
a, hearing to the applicant.
H:\LIQUOR\RUIa\RUlesi.wp~ January 39,1998
RULE 10. FINGERPRINTS
At the rime of submitting an application for a new license or transfer of ownership of an exisring license, the ^"'*~
applicant, all corporate officers, directors and stockholders with more than 10 percent interest, and all partners
and members shall make arrangements to have fingerprints taken at a police department or other law
enforcement agency and have them delivered directly to the City Clerk's office.
RULE 11. PLANS AND SPECIFICATIONS
(a) All pians, specifications and drawings shall be on 8'/~ x 11" paper and shall show the floor plan and
layout of the interior of the building where the license is sought to be exercised.
(b) If a liquor or fermented malt beverage on-premise license is applied for, the plans and specifications
shall show, as a minimum, the following:
c. A separate page for each level or floor to be licensed
d. Walls, partitions, entrances and exits
e. Dimensions of the premises
f. Clearly identify the nearest streets
g. Indicate where NORTH is
h. Clearly identify the Bar(s)
i. Clearly identify where alcohol shall be stored
j. Clearly identify any patio(s), if applicabte
k. Identify the type of barrier surrounding the patio, if applicable
1. All tables and chairs
m. List the total seating capacity
(c) If a hotel-restaurant liquor license is applied for, plans and specifications shall, in addition to the
above, show the following:
(1) The total floor area where meals shall be served;
(Z) Location of all bar counters;
(3) Size and dimension of the kitchen and other food preparation areas;
(4) Location, number and kinds of ranges, stoves or ovens, refrigerators,
food lockers, dishwashers, sinks and restrooms;
(5) Location and dimension of food storage areas, and any other fixtures and equipment to be
installed and used in connection with the preparation and serving of ineals.
RULE 12. RIGH'I' TO POSSESSION
Each applicafion for a new license, transfer of ownership of an existing license, change of locarion for a liquor
or fermented malt beverage license and request far modificafion of licensed premises shall be accompanied by
a deed, lease or other documentation supporting the applicanYs right to occupy the premises where the license
shall be exercised. The possession documentation shall be for at least a one year period from date of
applicafion.
RULE 13. BED AND BREAKFAST PERMIT
(a) The application and procedure for obtaining approval for a Bed and Breakfast permit shall conform to
the application and procedure set forth in these Rules for the granting of a new license. (See Rule 15).
(b) A public hearing shall be held in all cases where a Bed and Breakfast permit is desired. Posting and ,.,,e
public notice of such hearing, as provided in Rule 15, shall be given.
H:\UQUORIRuksUlulesl.wPd laauwy 24, l~8 `t
RULE 14. SPECIAL EVENTS PERMIT
(a) Applications for a special events permit shall be made under oath or affirmarion to the City Clerk, on
~^^^ such forms as aze provided therefor by the State Licensing Authority and furnished by the City Cierk.
~+ Such applications shall be submitted not less than 30 days prior to the proposed event.
(b) Public notice of the proposed permit and of the procedure for protesring issuance of the permit shall be
conspicuously posted at the proposed location for at least ten days before approval of the pernvt by the
local licensing authority.
(c) Any protest shall be filed by affected persons within ten days after the date of nurial posting of the
proposed event. Protests shail be filed in duplicate, with the City Clerk of the City of Boulder,
Colorado.
(d) Pursuant to Section 12-48-107(4), C.R.S., the Authority assigns all its functions to the City Clerk.
RULE 15. NECESSITY OF PUBLIC HEARINGS: POSTING AND PUBLICATION OF
NOTICE
Upon receipt of complete state and local appiications, except in the case of an application for renewal of a
license, an application for a change, alteration, or modification of licensed premises, or an application for a
special events permit, the City Clerk sha11 schedule a public hearing upon the application. The hearing shali
be set for the next regular meeting of the Authority, occurring not less than 30 days from the date of the
application. The City Clerk shall cause to be posted and shall publish public notice of the hearing not less than
10 days prior to such a hearing. Public notice shall be given by the posring of a sign in a conspicuous place on
the premises for which applicarion has been made, and by publication in the Boulder Daily Camera. Notice
given by posting and publication shall conform to requirements set forth in 12-47-311 of the State Liquor
Code.
~.
+... RULE 16. PRELIMINARY INVESTIGATION AND FINDINGS
(1) New License. Upon receipt of complete applicafions for a new license, the local licensing authority
shail conduct a preliminary invesfigation with regazd to the following matters:
(a) For liquor applications, whether within two years, and for fermented malt beverages, whether
within one yeaz next preceding the date of the application, either the state or local licensing
authority has denied an application at the same location, for the reason that the reasonable
requirements of the neighborhood and the desires of the inhabitants were satisfied by the e~cisting
outlets (shall not apply to appiica6ons for Bed and Breakfast Permits);
(b) Whether it satisfactorily appears that the applicant is or shall be entitled to possession of the
premises for which application is made under a lease or by virtue of ownership;
(c) Whether the sale of liquor, or fermented malt beverages as contemplated by the applicant is in
compliance with the zoning laws of the City of Boulder, and within any applicable laws, rules or
regulations for restaurants of the State Board of Health;
(d) For liquor applications, whether the building in which the liquor is to be sold is located within five
hundred feet of any public or parochial school or the principal campus of any college, university or
seminary (shall not apply to applications far Bed and Breakfast Permits);
(e) The nutnber and type of outlets located within the neighborhood designated by the applicant as the
neighborhood affected by the license applied for;
( fl Any criminal history informarion on the applicant which has been brought to the attention of the
Authority;
,..
H:U.[QOOftUlvic\Ruleal.wpa January 29,1998
(2) Transfer of Ownershia. Upon receipt of complete state and local applications for a transfer of
ownership of an existing license the local licensing authority shall conduct a preliminary investigation
with regard to only those matters set forth in Rule 16(1)(b), (c), and (~ above. ^`
(3) ChanQe of Location. Upon receipt of complete state and local applicarions for a change of location of
an existing liquor or fermented malt beverage license, the local licensing authority shall conduct a
preliminary invesrigation with regazd to only those matters set forth in Rule 16(1) above.
(4) Alteration of Premises. Upon receipt of a request for permission to substantially change, alter or
modify the premises licensed to sell liquor or fermented malt beverages, the local licensing authority
shall conduct a preliminary investigation only with regard to those matters set forth in Rule 16(1)(b),
(c), (d) and (e) above.
(5) The local licensing authority shall, at least five days prior to the date of the public hearing, make its
preliminary findings known, in writing, to the applicant and other interested parties. The City Clerk is
hereby authorized to conduct investigations and issue preliminary findings on behalf of the Authority.
RULE 17. PROCEDURAL ASPECTS OF PUBLIC HEARINGS; REGULAR MEETINGS.
(a) Provided that at least one licensing application requiring a pubiic hearing or a public meeting has been
timely filed, there shail be one regular meeting of the Authority in each calendar month. Regular
meetings shall be held on the third Wednesday of each month and shall commence at such time as is set
by the City Clerk, in the Council Chambers of the Municipal Building, 1777 Broadway, Boulder,
Colorado; provided, however, that the Authority may by morion prescribe a different date, time or
place for any such regular meeting, and may by motion or call of the Chair, schedule special meetings
as deemed appropriate.
(b) In accordance with Subsection 2-3-1(c), B.R.C. 1981, three members of the Authority shall constitute a
quorum, and the Authority shall act only on an affirmative vote of at least three members.
(c) All hearings before and meetings of the Authority shall be open to the public in accordance with
Section 2-3-1, B.R.C. 1981.
(d) At a public hearing, any party in interest shall be allowed to present evidence and to cross-examine
witnesses. A party in interest shall mean the applicant, a resident of the neighborhood under
consideration, or the owner or manager of a business located in the neighborhood. At a meeting other
than a public hearing the public shall be afforded an opportunity to comment on any matter relevant to
the Authority's responsibilities, subject to the diseretion of the Chair on the rime and length of such
comment.
(e) The Authority, in its discretion, may limit the presentation of evidence and cross-examination, so as to
prevent repetitive and cumulative evidence or examination.
( fl Questions concerning the competency of witnesses to tesrify in behalf of or in opposition to the
issuance of the license, the materiality, relevancy, or competency of their testimony, and other
evidentiary matters shall be determined by the Authority as said questions arise. No testimony shall be
offered unless given under oath.
(g) A stenographic reporter shall be provided by the Authority only upon request of the applicant, and on
the condition that the cost of preparing a transcript and the reporter's appearance fee be paid by the
applicant. In all other instances, a tape recording shall be made of the proceedings.
tl:W IQUOR\RulaUlulW.wptl January 29,1998
~(h) Except as othenvise provided in these rules, all action by the Authority relaring to an applicarion set for
a public hearing or public meering shall be preceded by a formal morion stating the proposition to be
~ determined by the Authority. Each such motion shall be seconded by not less than one member of the
Authority other than the movant before submission of the proposirion to a vote of the members.
(i) At the rime the public hearing on applications for new licenses or changes of locarion of exisring
licenses is closed, there is automatically, without need for a movant or a second, a morion on the floor
to approve the application. Any otherwise proper motion may be made to amend this motion, except a
motion to deny the application which shall be made in accordance with Rule 17(h) of these procedures.
Procedure at a public hearing on an application to transfer ownership shall be as provided in this
section. At the close of the hearing there is an automatic motion on the floor to approve the transfer.
(j) All exhibits shall be marked and introduced by the applicant as in civil cases.
(k) All exhibits shall be on 8-1/2" x 11" paper. For hearing purposes, eJChibits may be enlarged and
mounted on cardboard or similar material, but the mounted eachibits shall not be accepted by the
Authority and shall not become a part of the record.
(1) The City Clerk may grant an applicanYs request to continue a matter set for hearing to the next
following regulaz meeting, if such request is made prior to the time that publicarion and posting of
notice of hearing on the matter has been made. Once a matter has been scheduled for public hearing
and public notice thereof has been given, the matter may be conrinued only by the Authority, at the
rime originally noticed. The Authority may, by motion, grant an applicant's request for a continuance,
upon a showing by the applicant of good cause. For good cause, the Authority may, by morion,
continue a hearing on its own initiative; provided, however that the applicant is given an opportunity to
state his position on the proposed continuance before a vote thereon is taken.
A~ (m) Any decision of the Authority approving or denying an appiication or request after a public hearing or
"" public meeting shall be in writing shall state the reasons therefor, and shall be made no later than 30
days after the date of the public hearing. A copy of the decision shall be sent, by certified mail, to the
applicant at the address shown in the application.
RULE 18. SUSPENSION AND REVOCATION; HEARINGS AND PROCEDURE
(a) The local iicensing authority has the power, on its own mofion or on complaint, after invesrigation and
public hearing at which the licensee shall be afforded an opportunity to be heazd, to suspend or revoke
any license issued by the Authority for any violation by the licensee, or by any of the agents, servants
or employees of such licensee of the provisions of the Colorado Liquor or Beer Code, or any of the
rules, ordinances and regulations authorized pursuant to such Codes or of any of the terms, conditions
or provisions of the license issued by the Authority.
~ H:V.IQUOR~RuIn\RUW3.wptlJmuuy29,1998
(b) Proceedings to suspend or revoke a license shall be initiated as follows:
(1) Whenever a written complaint shall be filed with the Authority, charging the licensee with a ~"
violation of any provisions of the Colorado Liquor or Beer Code, or of the rules, ordinances or
regulations promulgated thereunder, or any of the provisions of the license issued, or
(2) By motion of the Authority, when information has been received from the City of Boulder Police
Department or the State Department of Revenue which, if substantiated, could be grounds for a
suspension or revocation of license. In determining whether such proceedings shall be initiated by
such motion, the Authority shall consider the number of alleged violations concerning the licensee,
and the severity of the violarions alleged. If information is received by the Authority, which if
substantiated, could be grounds for suspension or revocarion of the license, but the Authority
determines not to initiate formal suspension or revocation proceedings, notification regarding the
alleged violation shall be mailed, by first class mail, to the licensee. The notificarion shall be in the
form of a letter, and shall contain the information in E~chibits l, 2, or 3 which are attached hereto,
or such other information as the Authority deems appropriate.
(c) If suspension or revocation proceedings aze initiated, the Licensing Authority shall determine, by
investigation, the probable truth of the charges against the licensee. The Boulder Police Department
and the City Clerk aze hereby authorized to conduct such an investigarion on behalf of the Authority.
(d) If it shall appear upon such invesrigation, or otherwise come to the attenrion of the Authority, that there
is probable cause to believe that grounds for revocation or suspension exist, the Authority shall issue a
notice of hearing and order to show cause why the license shall not be suspended or revoked. Such
notice and order shall be sent by mail to the licensee at the address contained in the license, and shall
contain such information as shall reasonably norify or inform the licensee of the charges or alleged
grounds for suspension or revocation. "
(e) The hearing shall be held at the place and time designated in the notice, or upon such other day as may
be set for good cause shown. At the hearing, evidence in support of the chazges shall be given first,
followed by cross-examination of those testifying thereto. The licensee, in person or by counsel, shall
then be permitted to give evidence in defense and in explanation, and shall be allowed to give evidence
and statements in mitigation of the charges. In the event the licensee is found to have committed the
violation charged, or any other violation, evidence and statements in aggravation of the offense shall
also be permitted.
(~ At such hearing, the Authority has the power to administer oaths. The Authority has the power to issue
subpoenas to require the presence of persons and the production of all papers, books and records
necessary to its determination.
(g) If the evidence presented at the hearing does not support the charges stated in the notice and order
served upon the licensee, but standing alone establishes the guilt of the licensee of a violation of some
other law, rule or regulation, the licensee shall be permitted to give evidence and statements in defense,
explanation and mitigation if then prepared to do so. If such evidence is not then available, but can be
obtained by the licensee, the licensee shall state the substance thereof and upon his request, the hearing
may be recessed for not more than 10 days and shall continue under the same procedure as though no
recess had occurred.
(h) In the event the licensee is found not to have violated any law, rule or regulation, the charges against
him shall be dismissed. If the licensee is found to have violated some law, rule or regulation, his
license may be suspended or revoked.
H:~I.IQUORLLtulu\RUIW.wpJ Jzouary 29,1998
,,~ (i) The Licensing Authority shall fumish the licensee its decision, in writing, within 30 days following the
~ hearing. Such notice shall be mailed to the licensee at the address contained in such license.
(j) In the event of revocarion, or suspension, no portion of the license fee or occupation ta~c shall be
refunded.
(k) If a license has been suspended, the Authority has the power to order the posting of notices of
suspension on the premises.
(1) No suspension of a license shall be for a period longer than six months.
(m) Where the Authority has reasonable grounds to believe and finds that a licensee has been guilty of a
deliberate and willful violarion of any applicable law or regulation or that the public health, safety or
welfare imperatively requires emergency acrion and incorporates such findings in an order, the
Authority may temporarily or summarily suspend the license pending proceedings for a suspension or
revocation hearing, which shall be promptly insrituted and determined. A temporary suspension of a
license without notice pending any prosecution, investigation or public hearing, shall be for a period
not to exceed 15 days.
RULE 19. POST APPROVAL INSPECTION
If an application is approved before the building in which the business is to be conducted is ready for
occupancy in compliance with law, the City Clerk shall make further inspecfions to determine if the approved
plans have been complied with before issuing the license. The Clerk may delegate that task of inspection to
any other government empioyee, and may act upon the report of such person.
RULE 20. PETITIONS
"~' Petitions, if any, circulated by the applicant or its agents shall be submitted to the City Clerk no later than ten
~ days before the public hearing. After a completed application has been submitted for consideration, the
Authority shall set the neighborhood boundaries at a public hearing. The neighborhood boundaries are
typically a one mile radius of the site proposed for a liquor license. The applicant shall be provided with a
copy of the Authority defined neighborhood boundaries, as well as an acceptance of boundaries to be signed
by the applicant and rehxmed to the Clerk's Office.
Before approving a liquor license applicarion, the Authority shall consider the reasonable requirements of the
neighborhood and the desires of the adult inhabitants. The burden is on the applicant to submit such evidence.
This may occur by peritions, remonstrances, or other evidence submitted by the applicant. Although the law
does not require that an applicant petition the neighborhood, it is the most common form of evidence
presented. If an applicant chooses to use the petitioning method for proving neighborhood needs and desires,
it is highly recoxnmended that the City petition form and summary be utilized. If the applicant chooses a
professional petitioning firm, it is also highly recommended that they also use the City petition form and
sumuiary. Professional petitioning firms may appeal to the Authority to approve their forms; however, it is
recommended that this occur prior to the submission of any non-city forms.
~ HdLIQUOR\RUleUioleal.wp0 Jaouary 29,199D ~
~
Approved as of / ~ , amendments by the Authority.
BBVERAGES LICENSING AUTHORITY
CITY OF BOULDER, COLORADO
By:
Chair
HdLIQUORVtuiaUtub}.wptl Januw 29,1998 LO
.~.p,
4
OUTLINE OF HEARING PROCEDURE
CITY OF BOULDER
BEVERAGES LICENSING AUTHORITY
APPLICATION FOR A NEW LICENSE
1. Roll Call.
2. The Chair, upon calling the meeting to order, makes the following opening comments:
This is a public hearing before the Beverages Licensing Authority of the City of Boulder to determine whether
or not the application of Applicant: , d/b/a: , for a
Type of License: license shall be granted or denied. This hearing is conducted
pursuant to the laws of the State of Colorado and the Rules of the Beverages Licensing Authority of the City
of Boulder.
~...
The purpose of this hearing is to receive information, data, and testimony by interested parties in order to
enable this Authority to make the findings and reach the conclusions required to be made by state law as to
whether or not the license applied for shall issue. Interested parties aze the applicant, residents of the
neighborhood under consideration, and owners and managers of a business located in the neighborhood under
consideration. For purposes of determining who is an interested party at this hearing, the neighborhood under
consideration is the previously defined by the Authority. The Authority shall make a final determinarion of
the affected neighborhood prior to determining whether the license shall be issued. Any interested party may
speak to the question of neighborhood designation, as well as other information relevant to the ~anting or
denial of the application.
A record is being made of these proceedings. Those who desire to be heard shall identify themselves by name
and address. They shall also be sworn in by the Board Secretary.
(End of opening comments)
NOTE TO CHAIR: At tlus time, the Chair asks Authority members if anyone has a conflict of interest in
this item or if they have had ex parte contacts regarding this item that they wish to reveal.
3. The Chair asks the applicant whether they are ready to proceed. If the applicant answers in the
affirxnative, then the Chair inquires whether there are other interested parties present. If so, the Chair asks
those parties to identify themselves and inquires whether they are ready to proceed and, if they are not, asks
for reasons why the hearing shall not now proceed.
H:V.IQtIORVtula\RUlesl.wpJ lvnwry 59,1998 1 ~
4. The applicant presents their evidence. The applicant and the applicant's witnesses may be cross- ,.»~,
examined by members of the Authority, by interested parties, by the City Attorney and by representatives of
the Boulder Police Department.
NOTE TO CHAIR: Public Comment
5. Interested parties may present any evidence in support of or in opposition to the application.
Witnesses may, again, be cross-examined.
6. At the Authority's discretion, the applicant may present rebuttal evidence.
7. The Authority moves to approve or disapprove the application or, for good cause, to continue the
matter. Discussion on the motion is held and a vote taken.
..w,,
H:\LIQIIORIRulesU2olcJ.wpd Januery 29,1998 ~ G
~
OUTLINE OF HEARING PROCEDURE
CITY OF BOULDER
BEVERAGES LICENSING AUTHORITY
APPLICATION FOR A CHANGE OF LOCATION
1. Roll Call.
2. The Chair, upon calling the meeting to order, makes the following opening comments:
This is a public hearing before the Beverages Licensing Authority of the City of Boulder to determine whether
or not the application of Applicant: , d/b/a: , for a
change of location of a Type of License: license shall be granted or denied.
This hearing is conducted pursuant to the laws of the State of Colorado and the Rules of the Beverages
Licensing Authority of the City of Boulder.
The purpose of this hearing is to receive information, data, and testimony by interested parties in order to
enable this Authority to make the findings and reach the conclusions required to be made by state law as to
whether or not the license applied for shall issue. Interested parties are the applicant, residents of the
neighborhood under consideration, and owners and managers of a business located in the neighborhood under
consideration. For purposes of determining who is an interested party at this hearing, the neighborhood under
consideration is the previously defined by the Authority. The Authority shall make a final determination of
the affected neighborhood prior to determining whether the license shall be issued. Any interested party may
speak to the question of neighborhood designation, as well as other information relevant to the grant or denial
of the applicarion.
A record is being made of these proceedings. Those who desire to be heard shall identify themseives by name
and address. They shali also be swom in by the Board Secretary.
(End of opening comments)
NOTE TO CHAIR: At tlus time, the Chair asks Authority members if anyone has a conflict of interest in
tlus item or if they have had ex parte contacts regarding tlus item that they wish to reveal.
3. The Chair asks the applicant whether they are ready to proceed. If the applicant answers in the
affirmarive, then the Chair inquires whether there are other interested parties present. If so, the Chair asks
those parties to identify themselves and inquires whether they are ready to proceed and, if they are not, asks
for reasons why the hearing shall not now proceed.
N:WIQUOR\RUIa\RUlevl.wpl Jenuary 29.1998 1 ~
4. The applicant presents their evidence. The applicant and the applicanYs witnesses may be cross-
.~,,.,
examined by members of the Authority, by interested parties, by the City Attorney and by representatives of
the Boulder Police Department.
NOTE TO CFIAIR: Public Comment
5. Interested parties may present any evidence in support of or in opposition to the application.
Witnesses may, again, be cross-examined.
6. At the Authority's discretion, the applicant may present rebuttal evidence.
7. The Authority moves to approve or disapprove the application or, far good cause, to conrinue the
matter. Discussion on the morion is held and a vote taken.
~
HdLIQUOR\RUles\RU1N.wptl Jsnuary 29,1998 1~
OUTLINE OF HEARING PROCEDURE
~~' CITY OF BOULDER
"~ BEVERAGES LICENSING AUTHORITY
PUBLIC HEARING APPLICATION FOR TRANSFER OF A LICENSE
1. Roll Call.
2. The Chair, upon calling the meeting to order, makes the following opening comments:
This is a public hearing before the Beverages Licensing Authority of the City of Boulder to determine whether
or not the application of Applicant:
d/b/a:
for a
transfer of a Type of License: license curtently held by
d/b/a: shall be granted or denied. This hearing is conducted pursuant to
the laws of the State of Colorado and the Rules of the Beverages Licensing Authority of the City of Boulder.
A record is being made of these proceedings. Those who desire to be heazd shall identify themselves by name
and address. They shall also be sworn in by the Board Secretary.
(End of opening comments)
^ NOTE TO CHAIR: At this time, the Chair asks Authority members if anyone has a conflict of interest in
~
this item or if they have had ex parte contacts regarding this item that they wish to reveal.
3. The Chair asks the applicant whether they are ready to proceed. If the applicant answers in the
affirmarive, the Chair then inquires whether there aze persons present other than the applicant who wish to
testify on the question of the qualifications of the applicant. If so, the Chair asks those persons to idenrify
themselves and to speak.
4. The applicant is asked whether there is any information not included in the application which the
applicant wishes to present to the Authority. The Authority may ask questions of the applicant.
NOTE TO CI3AIR: Public Comment
°' H:ILIQUORVtule~2ulal.wpJ January 29,1998 1~
OUTLINE OF HEARING PROCEDURE ,„„
CITY OF BOULDER
BEVERAGES LICENSING AUTHORITY
APPLICATION TO MODIFY PREMISES
1. Roll Call.
2. The Chair, upon calling the meering to order, makes the following opening comments:
This is a public hearing before the Beverages Licensing Authority of the City of Boulder to determine whether
or not the application of Applicant: , d/b/a: , for a
request to modify the premises of a Type of License: license shall be granted
or denied. This hearing is conducted pursuant to the laws of the State of Colorado and the Rules of the
Beverages Licensing Authority of the City of Boulder.
The purpose of this hearing is to receive information, data, and tesrimony by interested parties in order to
enable this Authority to make the findings and reach the conclusions required to be made by state law as to
whether the premise may be aitered. Interested parties are the applicant, residents of the neighborhood
affected by the license as previously determined by the Authority, owners and managers of a business located
in the neighborhood. n
A record is being made of these proceedings. Those who desire to be heazd shall identify themselves by name
and address. They shall also be swom in by the Boazd Secretary.
(End of opening coraments)
NOTE TO CHAIR: At tlus time, the Chair asks Authority members if anyone has a conflict of interest in
this item or if they have had ex parte contacts regarding this item that they wish to reveal.
3. The Chair asks the applicant whether they are ready to proceed. If the applicant answers in the
affirmarive, then the Chair inquires whether there are other interested parties present. If so, the Chair asks
those parties to identify themselves and inquires whether they are ready to proceed and, if they are not, asks
for reasons why the hearing shall not now proceed.
H:\LIQUORVtulo\RUlnl.wptl lenuery 29, I998 ~ V
4. The applicant presents their evidence. The applicant and the applicanYs witnesses may be cross-
'~ examined by members of the Authority, by interested parties, by the City Attorney and by representatives of
the Boulder Police Department.
NOTE TO CI3AIR: Public Comment
5. Interested parties may present any evidence in support of or in opposition to the application.
Witnesses may, again, be cross-examined.
6. At the Authority's discretion, the applicant may present rebuttal evidence.
7. The Authority moves to approve or disapprove the application or, for good cause, to continue the
matter. Discussion on the motion is held and a vote taken.
..,,
~ H:LL.IQ W R~RUIa\RU1s1.wpJ Jcnuery 29,199H ~/
OUTLINE OF HEARING PROCEDURE
CITY OF BOULDER
BEVERAGES LICENSING AUTHORITY
APPLICATION FOR RENEWAL
1. Roll Cail.
2. The Chair, upon calling the meeting to order, makes the following opening comments:
This is a public hearing before the Beverages Licensing Authority of the City of Boulder to determine whether
or not the application of Applicant: , d/b/a: for a
renewal of a Type of License: license shall be granted or denied. T'his hearing
is conducted pursuant to the laws of the State of Colorado and the Rules of the Beverages Licensing Authority
of the City of Boulder.
The puipose of this hearing is to receive information, data, and testimony by interested parties in order to
enable this Authority to make the findings and reach the conclusions required to be made by state law as to
whether or not the license shall be renewed. Interested parties are the applicant, residents of the neighborhood
affected by the license as previously determined by the Authority, and owners and managers of a business
within the neighborhood. This hearing shall be limited to the question of whether there is good cause not to
renew the license, as set forth in the notice of hearing, as follows:
A record is being made of these proceedings. Those who desire to be heard shall identify themselves by name
and address. They shall also be sworn in by the Boazd Secretary.
(End of opening comments)
NOTE TO CHAIR: At this Hme, the Chair asks Authority members if anyone has a conflict of interest in
this item or if they have had ex parte contacts regarding this item that they wish to reveal.
3. The Chair asks the applicant whether they are ready to proceed. If the applicant answers in the
affirmative, then the Chair inquires whether there aze other interested parties present. If so, the Chair asks
those parties to identify themselves and inquires whether they are ready to proceed and, if they are not, asks
for reasons why the hearing shall not now proceed.
H:U,IQUORUtuic\RUle4.wptl JanuaN'_9, 1998 10
,,~ 4. The City Attomey or other representatives on behalf of the Boulder Police Department, will present
~ evidence gathered by the Police Departrnent, the City Clerk, or other City agencies relevant to the issues
framed in the norice. Witnesses may be cross-examined by members of the Authority, representatives of the
Boulder Police Department, parties-in-interest, and the applicant.
NOTE TO CHAIR: Public Comment
5. Parties-in-interest may present any evidence in support of or in opposition to the application.
Witnesses may, again, be cross-examined.
6. The applicant presents their evidence. The appiicant and the applicant's witnesses may be cross-
examined by members of the Authority, the City Attorney, representatives of the Boulder Police Department
and parties-in-interest.
7. At the Authority's discretion, the applicant may present rebuttal evidence.
~ 8. The Authority moves to approve or disapprove the applicarion or, far good cause, to continue the
matter. Discussion on the motion is held and a vote taken.
""' 19
H:\LIQOORUIUIea~RUlecl.wpd January 29,1998
OUTLINE OF HEARING PROCEDURE
.~
CITY OF BOULDER
BEVERAGES LICENSING AUTHORITY
SUSPENSION OR REVOCATION HEARING
WITHOUT A STIPULATION
1. Roll Call (if not previously taken).
2. The Chair, upon calling the meeting to order, makes the following opening comments:
This is a public hearing before the Beverages Licensing Authority of the City of Boulder to determine whether
or not the license of d/b/a: shall be suspended or revoked on the basis of
the violations alleged in the Order to Show Cause served upon the licensee and requiring the licensee's
presence here today. Because this is a disciplinary proceeding the Authority shall not ask for or allow
comment from members of the general public on the question of the guilt of the licensee or the appropriate
discipline to be imposed. The purpose of this hearing is to receive testimony presented by the City and by the
licensee in order to enable this Authority to make findings and to determine by a preponderance of the
evidence whether or not the licensee has violated the various laws as alleged. If, in the course of the hearing,
testimony or other evidence establishes the guilt of the licensee of a violarion of some other law, rule, or
regulation than those stated in the notice, the licensee shall be afforded a reasonable continuance upon an offer
of proof that evidence in defense, explanation, and mitigation is not then available to the licensee, but can be
obtained within the period of a conrinuance not to exceed ten days.
A record is being made of these proceedings. All testimony shall be given under oath. The rules of evidence
and requirements of proof and procedure shall conform to the extent pracricable to those in civil non-jury
cases, but when necessary to ascertain facts affecting the substantial rights of the public or of the licensee, the
Authority may receive and consider evidence not admissible under such rules if such evidence possesses
probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. The
rules of privilege required by law shall be respected in this proceeding, and the Chair may exclude
incompetent and unduly repetitious evidence. The Chair shall rule upon all questions of evidence and
procedure, subject to being overruled on motion sustained by a majority vote of those members of the
Authority present.
NOTE TO CEiAIR: At this time, the Chair asks Authority members if anyone has a conflict of interest in
this item or if they have had ex parte contacts regarding this item that they wish to reveal.
.~
N9LIQUORUtvIes~RUlN.wptl Jnnuary E9,1998 ~0
„~, 3. Outline of the way in which the hearing shall generally proceed:
~ (a) OPENING STATEMENTS. The representative of the City shall be given the opportunity to make
a brief statement if the Order to Show Cause and its supporting documentation requires suppiementarion. The
licensee or its representative shall be afforded the opportunity to make an opening statement at that point, or
may reserve such statement until the licensee is ready to present its evidence.
(b) CITY EVIDENCE. The representafive of the City shall then call the witnesses and introduce the
evidence which constitutes the City's case in support of the order to show cause. The representative of the
City shall examine each witness, a representative of the licensee shall be given the opportunity to cross
examine the wimess, and then members of the Authority shall be afforded the opportunity to ask questions of
the witness. Then the City's representative shall be given the opportunity to raise on redirect any quesrions
made necessary by the cross examinarion or by the questions put by members of the Authority to the witness.
The licensee's representative shall then be afforded the same opportunity.
(c) LICENSEE EVIDENCE. After the City's representative is done presenting evidence, the licensee
shall have the opportunity to make any reserved opening statement and to present evidence bearing upon the
charges alleged in the Show Cause Order and on any addirional violations not therein mentioned raised by the
testimony. The same procedure of examining wimesses shall be followed as for the City's witnesses, with the
order reversed. When the licensee is through presenting evidence, the City's representative shall be offered the
opportunity to present evidence in rebuttal.
~ (d) CLOSING STATEMENTS. The representative of the City shall then give a closing statement
~ stating the specific violations which the Authority is requested to find were committed by the licensee, and
drawing the Authority's attention to such of the evidence of those violations as may seem useful. Members of
the Authority shall then be given the opportunity to request that the licensee address any additional violarions
raised by the evidence but not contained in the Order to Show Cause which the City's representative has not
called to the attention of the Authority in closing argument. The licensee's representative shall then give such
closing argument as may seem necessary, and shall use this opportunity to make an offer of proof and request
a continuance, if such is desired, with respect to any unchazged violations raised by the testimony.
(e) DECISION. The Authority may then recess to confer briefly with its legal counsel. Then the
Authority shall deliberate in public the resolution of the matter before it. A vote shall be taken on each
specific violation alleged or raised by the evidence.
( fl MITIGATION, AGGRAVATION, PENALTY. If the licensee is found to have violated one or
more laws, rules, or regulations, the Authority shall then afford the licensee the opportunity to present
evidence in mitigation and to make argument in the course of the hearing. The City's representative shall then
be afforded the opportunity to present any additional evidence in aggravation, and to make a recommendation
as to the discipline to be imposed. After the Authority has discussed the matter of the appropriate disciplinary
action, the Chair shall poll each member of the Authority for their preferred level of discipiine, and shall
thereafter first recognize for the purpose of making a motion setting the discipline that member whose views
are the most severe but still appear likely to receive three positive votes.
~,,,.
"" 21
H:V.IQUORIRvIa\RWeA.wp~ Jenuary 29,1998
(g) POSTING. If the Authority votes to order the license suspended, the Chair shall state that unless ~
there is objection from a member of the Authority, the order of suspension shall include a requirement that the
licensee post two conspicuous notices specified in Department of Revenue Liquor Regulation 47-600(F).
(h) CONCLUSION. The Chair announces that the hearing on the order to show cause is concluded,
and calls up the next item in the agenda.
H:\LIQOOR~RUIC\Ruleil.wpJ Jaouary 29,1998 ~~
,~ OUTLINE OF HEARING PROCEDURE
~„ CITY OF BOULDER
BEVERAGES LICENSING AUTHORITY
SUSPENSION OR REVOCATION HEARING
WITH A STIPULATION
1. Roll Call (if not previously taken).
2. The Chair, upon calling the meeting to order, makes the following opening comments:
This is a public hearing before the Beverages Licensing Authority of the City of Boulder to determine whether
or not the license of d/b/a: shall be suspended or revoked on the basis of
the violations alleged in the Order to Show Cause served upon the licensee and requiring the licensee's
presence here today. Because this is a disciplinary proceeding, the Authority shall not ask for or allow
comment from members of the general public on the question of the guilt of the licensee or the appropriate
discipline to be nnposed. The purpose of this hearing is to receive testimony presented by the City and by the
licensee in order to enable this Authority to make findings and to determine by a preponderance of the
evidence whether or not the licensee has violated the various laws as alleged. If, in the course of the hearing,
testimony or other evidence establishes the guilt of the licensee of a violation of some other law, rule, or
regulation than those stated in the notice, the licensee shall be afforded a reasonable confinuance upon an offer
of proof that evidence in defense, explanation, and mitigation is not then available to the licensee, but can be
~ obtained within the period of a continuance not to exceed ten days.
"'r A record is being made of these proceedings. All tesrimony shall be given under oath. The rules of evidence
and requirements of proof and procedure shall conform to the extent practicable to those in civil non jury
cases, but when necessary to ascertain facts affecting the substantial rights of the public or of the licensee, the
Authority may receive and consider evidence not admissible under such rules if such evidence possesses
probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. The
rules of privilege required by law shall be respected in this proceeding, and the Chair may exclude
incompetent and unduly reperitious evidence. The Chair shall rule upon all questions of evidence and
procedure, subject to being overruled on motion sustained by a majority vote of those members of the
Authority present.
NOTE TO CHAIR: At this time, the Chair asks Authority members if anyone has a conflict of interest in
this item or if they have had ex parte contacts regarding this item that they wish to reveal.
~ H:\6IQUOR\RUIMftuks7.wpdJanaory29,1998 ~~
3. Outline of the way in which the hearing shall generally proceed:
(a) OFFER OF STIPULATION.
(1) The representative of the City shall be given the opportunity to make a brief statement that a stipulation
agreement has been reached. The representative of the City shall then state to the Authority what
agreement has been reached with the licensee. The representative of the City wiil inform the
Authority what mitigating or aggravating factors were taken into account in reaching the
stipulation.
(2) The licensee or its representative shall be afforded the opportunity to make an opening
statement at that point.
(3) The members of the Authority shall then be afforded the opportunity to ask quesrions of the
licensee and the city representarive.
(c) DECISION. The Authority may then recess to confer briefly with its legal counsel. Then the
Authority shall vote on whether to accept the sfipulation as set form. If the sripulation is accepted as is, the
Authority will then decide what dates the sripulated penalty will take effect. If the stipularion is rejected, a full
hearing must take place as set forth in the "Outline of Hearing Procedure for a Suspension or Revocation
Hearing Without a Sripulation:'
~~
(d) POSTING. If the Authority votes to order the license suspended, the Chair shall state that unless
,....
there is objection from a member of the Authority, the order of suspension shall include a requirement that the
licensee post two conspicuous notices specified in Department of Revenue Liquor Regulation 47-600(F).
(e) CONCLUSION. The Chair announces that the hearing on the order to show cause is concluded,
and calls up the next item in the agenda.
Hd1.IQUOR\RU1a~RUln3.aptl January 39,1998 ~~
EXHIBIT 1
Please be advised that the Beverages Licensing Authority of the City of Boulder has received information
from
relating to a possible violation by you or your
employees of the laws or regulations pertaining to your license. Please be further advised that, shall
informarion regarding further alleged violations be received by the Authority, proceedings concerning
revocation or suspension of your license may be considered.
If you have any questions concerning this matter, please contact the Deputy City Clerk/Licensing,
303-441-3010.
CITY OF BOULDER BEVERAGES
LICENSING AUTHORITY
By:
Chair
,,W.
`° 25
tl:WQUOR~RUIC\RU1N.wp0 January 29,1998
EXHIBIT 2
This letter is to inform you that the Beverages Licensing Authority of the City of Boulder, Colorado has
received information from relating to a possible violation by you or your
employees of the laws or regulations pertaining to your license at
. A copy of that information is attached.
Although the Authority is taking no action with respect to your license on the basis of this information at this
time, you are hereby advised that the information shall be retained in your license file in the Office of the City
Clerk, and if you are a liquor or 3.2 beer licensee, shall be forwarded to the State of Colorado Departsnent of
Revenue, Liquor Enforcement Division. You aze further advised that the Authority has the power, on its own
motion, or on complaint, after investigation, norice, and public hearing at which the licensee is afforded an
opportunity to be heard, to suspend or revoke a license for any violation by the licensee, its agents or
employees, of the provisions of State law pertaining to your license, or of any of the rules, ordinances, or
regulations enacted pursuant thereto, or of any of the terms or conditions of the license.
If you have any questions concerning this matter, please contact the Deputy City Clerk/Licensing,
303-441-3010.
CITY OF BOULDER BEVERAGES
LICENSING AUTHORITY
By:
Chair
Enclosure:
N:WIQUOR\Rules~tula7.wp0 Janaary 29,1998 Lv
EXHIBIT 3
~...
This letter is to inform you that the Beverages Licensing Authority of the City of Boulder, Colorado, has
received information from relating to a violation by you or your
employees of the laws or regulations pertaining to your license at
.(A copy of that information is attached.) (It is alleged that
Although the Authority is taking no action with respect to your license on the basis of this information at this
time, you aze hereby advised that the information shall be retained in your license file in the office of the City
Clerk and, if you are a liquor or 3.2 beer licensee, shall be forwarded to the State of Colorado, Department of
Revenue, Liquor Enforcement Division. You are further advised that, unless, within 30 days of the date this
letter is mailed, you request in writing a hearing before this Authority to contest the facts set out above, these
facts shall be taken as proven. If, in the future, the Authority receives new complaints concerning other
violations and issues an order to you to show cause why your license shail not be suspended or revoked, and at
a hearing sustains the new charges, then the facts set out above shall be considered as matters in aggravation in
determining the proper sanction to be imposed.
If you have any questions conceming this matter, please contact the Deputy City Clerk/Licensing,
303-441-3010.
CITY OF BOULDER BEVERAGES
LICENSING AUTHORITY
By
Chair
Enclosure:
~ H:\UQUOR\RUlaUlulsJ.wpd Jaovsry 19,199H ~ /