07.18.18 BLA Minutes CITY OF BOULDER
BEVERAGE LICENSING AUTHORITY
* * * HEARING MINUTES * * *
JULY 18, 2018, 3:00P.M.
1st FLOOR CONFERENCE ROOM
BRENTON BUILDING
1777 BROADWAY, BOULDER, COLORADO
NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA)
DATE OF MEETING: July 18, 2018
NAME & PHONE OF PERSON Mishawn Cook, Licensing Manager (303-441-3010)
PREPARING SUMMARY: Kristen Teague, Licensing Operations Specialist (303-441-3034)
NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT:
Board Members: Steven Wallace, Alyssa Lundgren, Kevin Mahoney, Michael Friesen, and
Matthew Califano
Staff Present: Debra Kalish, Senior Counsel, Mishawn Cook, Licensing Manager, Kristen Teague,
Licensing Operations Specialist
1. Agenda Item:
i. Member roll call
A quorum of 5 members were present.
ii. Approval of Beverage Licensing Authority (BLA) minutes from May 16,
2018 hearing
Member Lundgren moved, Friesen seconded to approve minutes as
presented. Motion passed 5:0.
iii. Approval of Beverage Licensing Authority (BLA) minutes from June 20,
2018 hearing
Members Friesen, Lundgren and Mahoney made comments for three
changes to minor portions of the minutes. Member Friesen moved,
Lundgren seconded to approve the minutes with noted changes. Motion
passed 4:0 with Chair Wallace abstaining due to his absence from the July
18, 2018 hearing.
iv. Hearing agenda issues from licensing clerk.
BLA 7/18/18 FINAL Minutes
Pian 1 of 7
Specialist Teague asked if the Authority wished to change the order of
Agenda Item #5 due to potential length of hearing. Authority did not find
the need to do so.
2. Matters from the Boulder Police Department (BPD).
Officer Dan Bergh appeared on behalf of BPD. Officer Bergh reviewed the materials
presented in the hearing packet for the Authority and responded to questions on DUI's
and detox holds.
3. Matters from the Responsible Hospitality Group (RHG).
Specialist Teague noted that a representative from RHG would not be present and read
the email regarding the upcoming Fake ID training sponsored byt the RHG as part of
their membership.
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 BILA.
Member Lundgren recused herself for the portion of the hearing.
Michael Lawinski, Owner, appeared for the licensee and was sworn in. Mr. Lawinski
provided a copy of their most recent tax return which was marked as Agenda Item 4,
Exhibit 1.
The Authority accepted the submission from the licensee.
Member Lundgren rejoined the hearing.
5. Show Cause hearing concerning February 9, 2018 violations and whether the Tavern
type liquor license held by Nomad Station, LLC d/b/a The Pop-Up, 1109 Walnut St,
Boulder, CO 80302, should be suspended or revoked.
Adam Stapen, Esq. appeared as licensee's attorney.
Mr. Stapen waived the reading of hearing procedures. No ex-parte communications or
conflicts of interest were disclosed by Authority members. No licensee owners or
managers were sworn in or provided any testimony.
Lucas Markley, City Prosecutor, noted for the Authority that a stipulation had previously
been reached in this matter with a plea of no contest with an amended charge and the
offer surrender of the liquor license for the consideration of the Authority. Member
Friesen moved, Mahoney seconded, to accept the stipulation. Motion passed 4:1 with
BLA 7/18/18 FINAL Minutes
Page 2 of 7
Chair Wallace voting nay. Member Mahoney moved, Lundgren seconded to accept the
surrender of the liquor license. Motion passed 5:0.
Licensing Manager Cook provided Mr. Stapen with the surrender form and set the
surrender for July 19, 2018 at the licensing office.
The Authority recessed for a ten minute break at 3:26 PM.
The hearing resumed at 3:38 PM.
6. Public hearing and consideration of an April 20, 2018 application from The Dairy
Center for the Arts d/b/a Dairy Arts Center, 2590 Walnut St, Boulder, CO 80302;
Melissa Fathman, Executive Director, Angela Fisher, Director of Operations, and Katie
Woodzick, Manager; with a premise business mailing address, for a renewal of an Arts
type liquor license.
Melissa Fathman and Angela Fisher as representatives of the licensee were sworn in for
this matter and confirmed the ten day legal posting of the premises.
Chair Wallace read the BLA hearing procedures. No ex-parte communications or conflicts
of interest were disclosed by Authority members. No third parties requested interested
party status and no public comments were received.
Ms. Fathman and Ms. Fisher responded to the Authority's questions regarding the late
filing of the renewal application. Licensing Manager Cook recommended sixty day
reminder ticklers on calendars and group emails for Liquor Occupation Tax invoices.
Member Friesen moved, Califano seconded, to approve the renewal. Motion approved
5:0.
7. Public hearing and consideration of a May 4, 2018 application from Zoe Zen, Inc d/b/a
Zoe Ma Ma, 2010 10th St, Boulder, CO 80302; Edwin Zoe, President and Registered
Manager; with a premise business mailing address, for a renewal of a Beer and Wine
type liquor license.
Edwin Zoe appeared as the licensee and was sworn in for this matter and confirmed the
ten day legal posting of the premises.
Chair Wallace read the BLA hearing procedures. No ex-parte communications or conflicts
of interest were disclosed by Authority members. No third parties requested interested
party status and no public comments were received.
BLA 7/18/18 FINAL Minutes
Page 3 of 7
Mr. Zoe responded to the Authority's questions regarding the late filing of the renewal
application and TiPS trainings. Licensing Manager Cook confirmed payment of the Liquor
Occupation Tax invoices.
Member Califano moved, Lundgren seconded, to approve the renewal. Motion approved
5:0.
8. Public hearing and consideration of a June 21, 2018 application from Emmer and Sons,
LLC d/b/a Emmerson, 1600 Pearl Street, Suite 100, Boulder, CO 80302; Benjamin
Kaplan, Owner and Registered Manager; with a premise business mailing address, for
a renewal of a Hotel-Restaurant type liquor license.
Benjamin Kaplan and Dustin Skudlarek appeared as representatives of the licensee and
were sworn in for this matter and confirmed the ten day legal posting of the premises.
Chair Wallace read the BLA hearing procedures. No ex-parte communications or conflicts
of interest were disclosed by Authority members. No third parties requested interested
party status and no public comments were received.
Mr. Kaplan and Mr. Skudlarek responded to the Authority's questions regarding the late
filing of the renewal application. Mr. Kaplan also addressed the training issues presented
in the renewal application. Specialist Teague confirmed complance with both sales tax
and r Liquor Occupation Tax invoices.
Member Califano moved, Friesen seconded, to approve the renewal. Motion approved
5:0.
9. Public hearing and consideration of a May 21, 2018 application from Boardgames,
Beer and Bites LLC d/b/a Boardgames, Beer and Bites, 2027 Broadway, Boulder CO
80302; Stacy Litwin, Owner and Manager; with a business mailing address of 2240 Gay
Street, Longmont, CO 80501,for a new Beer and Wine type liquor license.
Specialist Teague noted that there was a letter requesting a continuance from the
applicant in the hearing packet.
Member Califano moved, Friesen seconded, to continue this application hearing to the
August 15, 2018 hearing date. Motion approved 5:0.
10. Public hearing and consideration of a June 7, 2018 application from SAS Inc d/b/a
William Village Liquor, 655 30th Street, Boulder, CO 80303; Sushil Dahal, President,
Secretary, Director, and Manager; with a premise business mailing address, for a
transfer of a Retail Liquor Store type liquor license.
Kris Holtgen. appeared as licensee's attorney.
BLA 7/18/18 FINAL Minutes
Page 4 of 7
Ms. Holtgen waived the reading of hearing procedures. No ex-parte communications or
conflicts of interest were disclosed by Authority members. Sushil Dahal, applicant was
sworn in for this matter and confirmed the ten day legal posting of the premises.
Ms. Holtgen and Mr. Dahal presented testimony on operating characteristics, prior
alcohol experience, training plans and cosmetic changes detailed in the a license
application. Authority members discussed license requirements, previous history of the
location and challenges in a retail liquor store as well as the benefits of joining the
Responsible Hospitality Group.
Member Friesen moved, Lundgren seconded, to approve this transfer of a Retail Liquor
Store type liquor license. Motion approved 5:0.
11. Matters from Senior Counsel
a. 5-7-2. - Possession and Consumption of Alcoholic Beverages in Public
Prohibited —clarification about an ordinance allowing full strength beer & wine
consumption in the parks
Counselor Kalish reviewed the possession and consumption of alcohol in public
as pertaining to the new full strength beer regulations coming forward in January
2019. Authority members discussed how this would apply under the current city
codes for areas that currently allow public consumption. Authority members
were interested to see what other cities currently are doing, especially with
hours and locations. Staff and Counsel will research further and present to the
Authority at a later hearing date.
12. Matters from the Licensing Clerk
a. Neighborhood boundary setting for applications for August 15, 2018 BLA
hearing
There were no boundary settings this month.
b. Breweries, Wineries, and Distilleries requests for local licensing authority input
on Application for Colorado Liquor Sales Room
L Unnamed Beer Company LLC d/b/a Unnamed Beer Company— New
Permanent Sales Room application for 2907 55th Street, Unit 1B,
Boulder, CO 80301
BLA 7/18/18 FINAL Minutes
Page 5 of 7
Jessie Pierick, Applicant, was sworn in and provided testimony for
this matter.
ii. J and L Distilling Company d/b/a J and L Distilling- New Permanent Sales
Room application for 4843 Pearl Street, Suites Al and B1, Boulder CO
80301
Licensing Manager Cook requested that this item be heard at the
August 15, 2018 hearing date as there is a delay in zoning approval.
Chair Wallace moved, Member Friesen seconded to continue this
item as requested. Motion passed 5:0.
c. Informational items
L July Special Events and Temporary Modifications
It was noted that this item was in the packet for review.
ii. July Liquor License renewal mailing lists
It was noted that this item was in the packet for review.
iii. LED Email—June 8, 2018— LED Communication
It was noted that this item was in the packet for review.
iv. LED Email—June 19, 2018— Retail 3.2 License Conversion
It was noted that this item was in the packet for review.
v. LED Email —June 25, 2018 — Regulatory Agenda, Legislative Update and
lodging and Entertainment Working Groups
It was noted that this item was in the packet for review.
vi. Email from Mishawn Cook to Members regarding Building Bridges—July
26, 2018 discussion reminder
It was noted that this item was in the packet for review.
vii. LED Email—June 29, 2018—SB 18-243 Questions and Training
It was noted that this item was in the packet for review.
viii. LED Email—July 2, 2018—Trade Practices and Delivery Subgroups
It was noted that this item was in the packet for review.
BLA 7/18/18 FINAL Minutes
Page 6 of 7
13. Matters from the Chair and Members of the Authority
Member Mahoney requested clarification on setting boundaries on streets as to if the
boundary was for both sides or to the center line of the street. Authority members
discussed this matter and general consensus was that both sides of the street would be
considered the boundary unless specifically noted in the setting.
Authority members also discussed the reading of hearing procedures for each agenda
item with the new Brenton Building location. Specialist Teague suggested a potential
solution that was used at a former workplace, in which the individuals were provided
with the written hearing procedures and were instructed to read and sign them prior to
their appearance and then hand them to the Chair before being sworn in. Authority
members were in unanimous favor for this process improvement.
ADJOURNMENT
Member Friesen moved, Califano seconded, that this hearing should be adjourned and thus
the hearing was adjourned at 4:45 PM. Motion to adjourn approved 5:0.
TIME AND LOCATION OF FUTURE MEETINGS, COMMITTEES OR HEARINGS:
Authority Hearings occur on the V Wednesday of every Month at 3PM in The Brenton Building-
Conference Room 107, First Floor, 1136 Alpine Avenue unless otherwise stated in Public Notices
published by the Licensing Manager and Secretary to the Beverage Licensing Authority.
Attested: Approved:
Mishawn J. Cook, Licensing Manager Chair of Beverage Licensing Authority
And Secretary to the Beverage Licensing Authority
BLA 7/18/18 FINAL Minutes
Page 7 of 7