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12.20.17 BLA Minutes CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * * MINUTES * * * WEDNESDAY, DECEMBER 20, 2017, 3:00 P.M. COUNCIL CHAMBERS MUNICIPAL BUILDING—2ND FLOOR 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: December 20, 2017 NAME & PHONE OF PERSON Mishawn Cook, License Administrator (303-441-3010) PREPARING SUMMARY: Beata Mazurkiewicz, Licensing Specialist (303-441-3091) NAMES OF MEMBERS, STAFF,AND INVITED GUESTS PRESENT: Board Members: David Timken, Alyssa Lundgren, Michael Friesen, and Matthew Califano Staff Present: Carey Markel, Assistant City Attorney, Mishawn Cook, License Administrator, Beata Mazurkiewicz, Licensing Specialist 1. Administrative Board Matters I) Member Roll Call Roll call was taken. A quorum of four BLA members were in attendance. Member Wallace was absent. ii) Approval of BLA minutes from November 15, 2017 The November 15, 2017 BLA minutes were not included in the hearing packet and will be included in the hearing packet for January 17, 2018. iii) Hearing agenda issues from licensing clerk Ms. Mazurkiewicz noted to the BLA Authority that there was a request for Agenda Item 6 to be postponed to the next month's BLA hearing. Attorney Kevin Coates requested a continuance via a letter which was included in the BLA packet, and a representative from Dill and Dill law firm is going to request a continuance of this item to the January 17, 2018 BLA hearing. Attorney Brandon Sandberg appeared and requested a continuance of the Agenda Item 6 to the January 17, 2018 BLA hearing. BLA 12.20.17 FINAL Minutes Page 1 of 8 Member Califano moved, Friesen seconded, to allow the continuance of Agenda Item 6 to January 17, 2018 hearing. Motion approved 4:0. 2. Matters from the Boulder Police Department (BPD). Officer Daniel Bergh appeared on behalf of the BPD and noted that he will present Last Drink Summary report and DUI statistics at the January 17, 2018 BLA hearing. 3. Matters from the Responsible Hospitality Group (RHG). No representative appeared for this matter and no matters were discussed. 4. Fate Restaurants, LLC d/b/a Fate Ale House & Brewing Company, 1600 38th Street, Suite 100, Boulder, CO 80301- Monthly status renewal report to the BLA. Member Lundgren recused herself for this portion of the hearing. Michael Lawinski, Owner, appeared and was sworn in. Mr. Lawinski presented a copy of a check and the Sales/Use Tax Division form and it was marked as Agenda Item 4, Exhibit 1. Member Friesen moved, Califano seconded, to accept the exhibit. Motion passed 3:0. 5. Show Cause hearing concerning a September 19, 2017 violation and whether the Retail Liquor Store type liquor license held by Bow Tie Cafe 1, LLC d/b/a Sun Deli and Liquor,2299 Pearl St Unit B-1, Boulder, CO 80302, should be suspended or revoked. Member Lundgren rejoined the hearing and remained for the rest of the agenda items. Fern O'Brien appeared as the licensee's attorney. Hearing procedures were waived. No BLA members disclosed ex-parte communications or conflicts of interest. Lucas Markley, BPD Prosecutor, noted for the Authority that a stipulation to the facts had been reached in this matter. Member Friesen moved, Lundgren seconded, to accept the stipulation. Motion approved 4:0. Carita Felbermayr and Nicholas Boyea were sworn in and provided testimony regarding mitigating evidence. The BLA noted mitigating and aggravating factors. Member Friesen moved, Califano seconded, to set this violation penalty at 2 suspension days served with 8 days held in abeyance. Motion approved 4:0. Member Califano moved, Lundgren seconded,to set the 2 days to be served from December 26, 2017 to December 27, 2017. Motion approved 4:0. 6. Show Cause hearing concerning a September 19, 2017 violation and whether the 3.2% Beer Off Premise type liquor license held by Circle K Stores Inc d/b/a Circle K Store BLA 12.20.17 FINAL Minutes Page 2 of 8 2709861, 2877 Baseline Road, Boulder, CO 80303, should be suspended or revoked. This Agenda Item was continued to the January hearing by the BLA under Agenda Item 1iii. 7. Show Cause hearing concerning a September 22, 2017 violation and whether the Hotel- Restaurant type liquor license held by CCRC, Inc d/b/a Agave Mexico Bistro &Tequila House, 2845 28th Street, Boulder, CO 80304, should be suspended or revoked. Rene Cervantes Junior, President and Manager, was sworn in. Hearing procedures were read. No BLA members disclosed ex-parte communications or conflicts of interest. Lucas Markley, BPD Prosecutor, noted for the Authority that a stipulation to the facts had been reached in this matter. Member Friesen moved, Lundgren seconded,to accept the stipulation. Motion approved 4:0. Ms. Mazurkiewicz noted that the signed stipulation was entered as Agenda Item 7, Exhibit 1. Mr. Cervantes Junior provided testimony regarding mitigating evidence. The BLA noted mitigating and aggravating factors. Member Lundgren inquired about the TIPS training information. Member Califano moved, Lundgren seconded, to set this violation penalty at 1 suspension day served with 0 days held in abeyance, with the stated condition that the abeyance days currently being held will not be served for this determined violation. Motion approved 4:0. Member Lundgren moved, Friesen seconded, to set the 1 day to be served on December 26, 2017. Motion approved 4:0. Ms. Mazurkiewicz requested a brief recess. 8. Public hearing and consideration of an October 3, 2017 application from Coma LLC d/b/a Coma Mexican Grill,4800 Baseline Road, Unit E-105, Boulder, CO 80303;Juan Ibarra, Owner and Member and Registered Manager; with a premise mailing address,for a renewal of a Hotel-Restaurant type liquor license. Michael Laszlo appeared as the licensee's attorney.Juan Ibarra, Owner, Member and Registered Manager, was sworn in and confirmed the 10 days posting. Hearing procedures were waived. No BLA members disclosed ex-parte communications or conflicts of interest. No third parties requested interested party status and no public comments were received. Mr. Ibarra provided testimony regarding this inactive location and construction delays for this renewal. BLA 12.20.17 FINAL Minutes Page 3 of 8 Member Califano inquired about the delays of the construction. Member Lundgren inquired about the status of the Sales Tax approval status for this license and Ms. Mazurkiewicz replied that the Sales Tax office would approve the renewal at this time. Member Califano moved, Lundgren seconded, to find good cause for renewal of this liquor license. Motion approved 4:0. 9. Public hearing and consideration of an October 9, 2017 application from Mandala Infusion Inc d/b/a Mandala Infusion; 4871 N Broadway, Boulder, CO 80304;Takla Armour, Member and Registered Manager; with a business mailing address of 4450 Broadway #202, Boulder, CO 80304,for a renewal of a Hotel-Restaurant type liquor license. Takla Armour, Member and Registered Manager, was sworn in and confirmed the 10 days posting. Hearing procedures were read. No BLA members disclosed ex-parte communications or conflicts of interest. No third parties requested interested party status and no public comments were received. Mr. Takla provided testimony regarding the renewal of this license and the hearing which was requested by BPD. Member Califano inquired about the status of the Sales Tax approval for this renewal. Member Califano moved, Lundgren seconded, to approve this renewal application with a condition that Sales Tax office approves this renewal application. Motion approved 4:0. 10. Public hearing and consideration of a September 15, 2017 application from Chimera Inc. d/b/a Chimera, 201410th Street, Boulder, CO 80302; Edwin Zoe,Sole Owner and President,and Christopher Stackpole, Proposed Registered Manager; with a premise mailing address,for a New Hotel-Restaurant type liquor license. Michael Wussow appeared as appeared as the licensee's attorney. Edwin Zoe, Sole Owner and President, and Christopher Stackpole, Proposed Registered Manager, and Max Scott, petitioner with Oedipus, Inc., were all sworn in and confirmed the 10 days posting. Hearing procedures were waived. No BLA members disclosed ex-parte communications or conflicts of interest. No third parties requested interested party status and no public comments were received. Mr. Scott provided testimony regarding the neighborhood petition results. Mr. Zoe provided testimony regarding this new Hotel-Restaurant type liquor license application. BLA 12.20.17 FINAL Minutes Page 4 of 8 Member Friesen inquired about the revocable lease information. Chair Timken inquired about the background check of Mr. Stackpole. Member Lundgren inquired about the operational characteristics and about service of alcohol. Ms. Lundgren inquired about the petitioning materials and noted that the petition forms state different hours of operation than the hours of operation on the approved zoning form. Member Lundgren also commented about the mentioned condition on the zoning form. Ms. Mazurkiewicz requested a brief recess. Mr. Wussow requested to continue this Agenda Item to January 17, 2018 BLA hearing. Member Califano moved, Lundgren seconded, to continue this new Hotel-Restaurant type liquor license application to January 17, 2018 BLA hearing,that the applicant submit the new petitioning material results only, and that this item take place before any show cause agenda items on the January 17, 2018 BLA Agenda. Motion approved 4:0. 11. Matters from the Assistant City Attorney Attorney Carey Markel noted that Beau Jo's Pizza paid their fine in lieu of 10 days served, and that the appeal deadline for Owsley's Golden Road & Lulu's Kitchen is December 27, 2017. 12. Matters from the Licensing Clerk Ms. Mazurkiewicz notified the BLA Authority about the typo in the Agenda and stated that the date for the Neighborhood boundary setting for applications for January 18, 2018 BLA hearing should instead be January 17, 2018. a. Neighborhood boundary setting for applications for January 17, 2018 BLA hearing- i. Sugo, Inc. d/b/a Arugula Bar & Ristorante — Permanent Modification of a Hotel-Restaurant type liquor license at 2785 Iris Avenue, Boulder, Colorado 80304 ii. Hive, Inc. d/b/a Tangerine—Permanent Modification of a Hotel-Restaurant type liquor license at 2777 Iris Avenue, Boulder, Colorado 80304 Ms. Mazurkiewicz noted to the BLA Authority that with regards to setting the neighborhood boundaries for Arugula and Tangerine, the licensing office has received the zoning approved forms on December 18, 2017, consequently, the licensing office had to amend the neighborhood BLA 12.20.17 FINAL Minutes Page 5 of 8 boundary letters for Arugula and Tangerine, and these are marked as Agenda Item 12 a i, Exhibit 1—for Arugula, and Agenda Item 12 a ii, Exhibit 1—for Tangerine. Ms. Mazurkiewicz also asked if the BLA Authority is willing to combine applying setting the boundaries for both Arugula and Tangerine. Ms. Mazurkiewicz noted that licensing office's staff suggestions for Agenda Item 12 a i and Agenda Item 12 a ii were as follows: NORTH-Violet Extended SOUTH- Edgewood to Valmont Extended WEST-19th Street EAST-47th Street Member Califano moved, Friesen seconded, to set the boundaries as above listed. Motion approved 4:0 iii. Half Eaten Cookie LLC d/b/a Corrida - a New Hotel Restaurant type liquor license application at 1023 Walnut Street, #400, Boulder, Colorado 80302 Staff suggestions were as follows: NORTH-Maxwell Avenue SOUTH-Marine Street WEST-4th Street EAST-20th Street Member Friesen moved, Califano seconded, to set the boundaries as above listed. Motion approved 4:0 b. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room None for the month of December c. Informational items I. December Special Events and Temporary Modifications The December Special Events and Temporary Modifications list was provided to the Authority in their packet for review. ii. December Liquor License renewal mailing lists BLA 12.20.17 FINAL Minutes Page 6 of 8 The December liquor license renewal list was provided to the Authority in their packet for review. iii. Email from Colorado Liquor Enforcement Division regarding corrected renewal forms This material was stated to be in the hearing packet. iv. Email from Colorado Liquor Enforcement Division regarding Liquor Rules — Notification This material was stated to be in the hearing packet. v. Email from Mishawn Cook to BLA Members regarding Alcohol Policy Survey and 2017 National Alcohol Policy Survey Results This material was stated to be in the hearing packet. vi. Email from Mishawn Cook to BLA Members regarding Boulder Community Report and S-STOP Summary This material was stated to be in the hearing packet. vii. Email from Mishawn Cook to BLA Members regarding S-STOP Program in Boulder This material was stated to be in the hearing packet viii. Email from Carolyn Fahey regarding the status of Madelife's sales and use tax license This material was stated to be in the hearing packet. ix. BLA summary to City Council for 2018 Council Retreat This material was stated to be in the hearing packet. Ms. Cook rejoined the hearing and noted that she received an inquiry from a licensee who is interested to know whether the BLA Authority would be open to revisiting the restriction on online training. Ms. Cook noted that the State Liquor Enforcement Division (LED) now allows the "Live Streaming" where the Student and Instructor have live interaction type training. Ms. Cook let the licensee know that, per the BLA Rules, the online training is not allowed right now; however, Ms. Cook wanted to bring this topic to the BLA members' attention and perhaps revisit it during the 2018 BLA Retreat. Member Califano commented that he would be BLA 12.20.17 FINAL Minutes Page 7 of 8 open to the discussion on it, but not for a-TIPS training which is self paced with no interaction with the trainer, stating that the one on one interaction with the trainer it's very important for TIPS training to be fully understood. Chair Timken commented that he would be open to discussion and he would be interested to know if there is any research evidence to show that it's equally efficacious, and if it is, he would be more inclined to say"yes". Ms. Cook noted that she will reach out to trainers that do web streaming to see if they have any data or information related to that. Member Friesen commented that he would be open to the idea of accepting live streaming training for liquor renewals. Ms. Cook also noted that she will add this topic to the 2018 BLA Retreat Agenda. 13. Matters from the Chair and Members of the Authority Member Califano inquired about the BLA members' RHG attendance. Ms. Cook commented about RHG representatives not being in attendance at today's hearing, stating that the RHG does not typically have a December membership meeting. Member Lundgren inquired about the April and August 2017 BLA Minutes not being available on the website. Member Friesen noted that he had a hard time accessing the April 2017 hearing recording. Ms. Mazurkiewicz commented that the licensing office will recheck on these issues. ADJOURNMENT Member Califano moved, Friesen seconded, to adjourn this hearing. Motion approved 4:0, thus the hearing was adjourned at 5:10 PM. TIME AND LOCATION OF FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS: 3 d Wednesday of every Month at 313M in City Council Chambers for 2017. Attested: Approved: ti Mishawn J. Cook, License Administrator Chair of Beverage Licensing Authority BLA 12.20.17 FINAL Minutes Page 8 of 8