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HomeMy WebLinkAbout04.17.19 BLA Minutes CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * * HEARING MINUTES * * * APRIL 17, 2019, 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: April 17, 2019 NAME & PHONE OF PERSON Beata Mazurkiewicz, Licensing Operations Specialist III PREPARING SUMMARY: (303-441-3091) NAMES OF MEMBERS, STAFF,AND INVITED GUESTS PRESENT: Board Members: Matthew Califano, Alyssa Lundgren, Kevin Mahoney, and Michael Absalom Staff Present: Debra Kalish, Senior Counsel, Beata Mazurkiewicz, Licensing Operations Specialist, and Mishawn Cook, Licensing Manager 1. Agenda Item: i. Member roll call; Authority Member roll call was completed, with a quorum of 4 Members present. Licensing Manager Cook let the BLA Authority know that Member Friesen will be absent today. ii. Election of BLA Chair and Vice Chair; Ms. Cook noted about Agenda Item 10, Exhibit 1 which is an email from Member Lundgren regarding the BLA seat that may impact the election of BLA Chair and Vice Chair and asked Member Lundgren to comment. Member Lundgren noted that she will be absent during the 6 consecutive BLA hearings, from May to October 2019, due to her school schedule. Senior Counsel Kalish made a comment about the Boulder Revised Code addressing presence or absence of boards and commission members. Member Lundgren noted that she would like to keep her seat and remain on the BLA board, and Member Califano commented that the board would like to discuss the election of BLA Chair and Vice Chair and also to discuss Member Lundgren's BLA seat at the next BLA hearing. Member Mahoney moved, Absalom seconded, to table this Agenda Item 1 ii and Agenda Item 10, Exhibit 1 discussion with the May 15, 2019 BLA hearing. Motion passed 4:0. BLA 4/17/19 Final Minutes Paaa 1 of A iii. Approval of Beverage Licensing Authority (BLA) minutes from March 20, 2019 hearing; The March 20, 2019 minutes were changed as noted by Member Mahoney and Member Lundgren. Member Mahoney moved, Lundgren seconded, to approve the minutes with noted changes. Motion passed 3:0 with Member Absalom abstaining. iv. Hearing agenda issues from licensing clerk; Licensing Manager Cook noted that Member Absalom will recuse himself from Agenda Item 5, West Flanders Brewing Company show cause hearing. 2. Matters from the Boulder Police Department (BPD). Ms. Cook noted that Officer Denig could not be present this evening due to training. During this item, Ms. Cook also noted about the signed stipulation to the facts being reached and included in the BLA hearing packet for Agenda Item 5,West Flanders Brewing Company. Member Califano noted that the BLA Authority would like to review and discuss the previous and current last drink summary reports provided by BPD Officer Denig at the May 15 BLA hearing. 3. Matters from the Responsible Association of Retailers (RAR). Nathan Dewey of the Responsible Association of Retailers group (RAR) appeared and inquired about how to best provide the information about RAR and their role and activities to the BLA. Mr. Dewey noted about providing on-premise trainings to RAR ,members, about the first RAR Boulder alcohol chapter meeting, and about providing information regarding compliance checks and fake IDs. Mr. Dewey also noted that one of the members of West Flanders Brewing Company, Mr. Heinritz, approached him to learn about the RAR and their tools. Member Lundgren thanked the Responsible Hospitality Group and Member Absalom for their years of service. Member Lundgren noted that in the BLA hearing packet, the BLA would like to review a list of attendees at each of the RAR meetings and commented that it's helpful to review a list of licensees who are on the hearing agendas for renewals or for the show cause hearing items to see if they also attend the RAR meetings. Member Lundgren also noted that it is helpful when the BLA Authority reviews a list of the RAR annual membership. Member Califano noted that the BLA would like to receive and review agendas of RAR meetings, and a summary about TiPS training and chapter meetings. BLA 4/17/19 Final Minutes Page 2 of 8 Mr. Dewey let the BLA know about their latest activities and meetings and stated that he would attend future BLA hearings. Member Mahoney noted that the BLA would like to see the RAR present at every BLA hearing. Member Absalom addressed BPD's last drink summary data. 4. Discussion of possible special hearing dates for The Sink show cause hearing. Member Absalom noted that he had an ex-parte communication regarding discussing the possible special hearing dates for the show cause hearing for The Sink and may or may not recuse himself for this Agenda Item 4. Mike Laszlo appeared as attorney for this licensee. JB Cannafax appeared from the City Prosecutor's office. Different show cause hearing dates were discussed, and possible quorum issues were discussed as well. A May 15, 2019 BLA Special Hearing scheduled tentatively to start at 1 PM was proposed, and it was moved by Member Califano, and seconded by Mahoney. Motion passed 3:0, with Member Absalom abstaining. Attorney Laszlo noted that he will contact his witnesses to check if the May 15, 2019 BLA Special Hearing day starting at 1 PM will be acceptable for them. Ms. Cook noted that Licensing Office will email possible dates with reserved hearing rooms to both parties in the next few days for their mutual scheduling considerations. S. Show Cause hearing concerning a December 20, 2018 violation and whether the Brew Pub type liquor license held by Pearl LLC d/b/a West Flanders Brewing Company, 1125 Pearl St, Boulder, CO 80302, should be suspended or revoked. Member Absalom recused himself due to conflict of interest/ex-parte communication. No other ex-parte communication or conflict of interest were disclosed. Chris Heinritz, Owner and Member, and Malcolm Nelson, Location Employee, appeared and were sworn in for this Agenda Item. Hearing procedures were read to the licensee. Ms. Cook noted that the signed stipulation was part of the BLA packet. Member Lundgren moved, Mahoney seconded,to accept the stipulation. Motion passed 3:0. Mr. Heinritz presented testimony regarding mitigating factors. TiPS training and ID check policies were discussed. Extensive mitigating factors and some aggravating factors were noted. BLA 4/17/19 Final Minutes Page 3 of 8 Member Mahoney moved, Lundgren seconded,to set the penalty at 2 days served and 12 days held in abeyance. Motion passed 3:0. Requested fine in lieu was denied. Member Califano moved, Lundgren seconded, to set the 2 suspension dates to be served on Monday, April 22, and Tuesday, April 23, 2019. Motion passed 3:0. A 15 minutes recess was requested and granted for completion of paperwork. 6. Public hearing and consideration of a March 11, 2019 application from Kimi Corp d/b/a Bottles,2520 Arapahoe Ave,Boulder,CO 80302;Kimberly Singh,Owner;with a business mailing address of 6873 Fairview Drive, Boulder, CO 80303, for a renewal of a Retail Liquor Store type liquor license. Member Absalom rejoined the hearing. Kimberly Singh, Owner, appeared for the licensee and was sworn in for this matter and confirmed the ten-day legal posting of the premises. BLA hearing procedures were read. No ex-parte communications or conflicts of interest were disclosed by Authority Members. No interested parties or public comment were made. Ms. Cook let the BLA Authority know about Proof of Training and Plan for Training forms, and copies of TiPS cards entered as Agenda Item 6, Exhibit 1. Ms. Cook also noted about the late renewal and about the lease documents being in negotiation for Bottles. Ms. Singh noted that the lease was extended, and later Ms. Cook confirmed that licensing office received the lease extension documents. Ms. Singh provided testimony regarding the reason for the late filing of the renewal. Member Lundgren inquired about TiPS training certification. Member Mahoney inquired about licensee's intent to sell their store and also about TiPS training. Member Mahoney moved, Califano seconded, to approve the renewal application. Motion passed 4:0. 7. Public hearing and consideration of a March 21,2019 application from SREIT HP Boulder Opco, LLC d/b/a Hyatt Place Boulder, 2280 Junction Place, Boulder CO 80301; SREIT HP Boulder Opco, LLC, Licensee LLC with Ruby Huang as Officer and Senior Vice President, SREIT TRS HotelCo, LLC as 100% 111 underlying Owner with John McCarthy as CEO,SREIT TRS MasterCO, LLC as 100%2nd underlying owner with John McCarthy as CEO,Starwood REIT Operating Partnership LP as 100% 3 d underlying owner also with John McCarthy as CEO, and with Starwood Real Estate Income Trust as 100% 4th underlying owner which is publicly held and traded, and no other owners with over a 10% interest, John BLA 4/17/19 Final Minutes Page 4 of 8 McCarthy as CEO,President,and Director,Christopher Graham as Director,Mark Deason as Director, and Barry Sternlicht as Director, and with Schulte Catering Boulder, LLC, as Management Company with Susan Schulte, Managing Member and Sole Member, and with Monica Pitt, Proposed Hotel Registered Manager, and with a business mailing address of 591 Putnam Avenue, Greenwich, CT 06830, for a transfer of a Hotel- Restaurant type liquor license. Loren Brown appeared as attorney for the licensee. Monica Pitt, Proposed Registered Manager, and Samantha Wand, Assistant General Manager, were sworn in and confirmed the ten-day legal posting of the premises. Mr. Brown waived reading of the 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. Cook noted the reason why Licensing Office was unable to process this Agenda Item administratively was a discrepancy between the original premise diagram approved in 2015 and the premise diagram submitted with the transfer application. The original premise diagram approved by BLA Authority in 2015 was entered as Agenda Item 7, Exhibit 1, and the 2015 premise diagram and the premise diagram submitted in the transfer application as a comparison was entered as Agenda Item 7, Exhibit 2. Mr. Brown provided testimony regarding this transfer application, and also offered a solution to replace the premise diagram submitted in the transfer application with original the premise diagram approved in 2015. Member Mahoney inquired about the premise diagram and about the control and possession of the licensed premise, and also about the 3rd party management company. Ms. Cook noted that the south west corner of the premise was intentionally not licensed originally because there was a plan for a separate restaurant to open in that square footage. Member Califano moved, Lundgren seconded, to accept Agenda Item 7, Exhibit 1 as the correct premise diagram for the transfer application. Motion passed 4:0. Member Mahoney moved, Califano seconded to approve this transfer application of a Hotel-Restaurant type liquor license. Motion passed 4:0. 8. Matters from the Senior Counsel BLA 4/17/19 Final Minutes Page 5 of 8 Senior Counsel Kalish provided clarification about public meetings and RAR comments at today's hearing. Ms. Kalish also commented about Bailey's Wine & Spirits vs. City of Boulder lawsuit. 9. Matters from the Licensing Clerk Ms. Cook inquired regarding a discussion to change Penalty Guidelines and accept RAR membership as a mitigating factor and a replacement of RGH, and to put this as Agenda Item for May 15, 2019 BLA hearing to allow public comments. Ms. Cook also advised the BLA that Sandra Llanes with City Attorney Office who facilitates Marijuana Advisory Panel (MAP) would like to invite BLA members to attend a 2 hour c meeting, from 2 PM to 4 PM, on April 26, 2019, at 1777 West Conference Room in Municipal Building, stating that the subcommittee could benefit from the BLA's expertise. a. Neighborhood boundary setting for applications for May 15, 2019 BLA hearing L MCSquared, LLC d/b/a Colorado Multisport for a New Beer&Wine type liquor license at 2480 Canyon Boulevard, Suite M-2, Boulder CO 80302. The following neighborhood boundaries were discussed: Mapleton on the North, Marine Street on the South, 30th Street on the East, and 20th Street Extended on the West. Member Califano moved, Lundgren seconded to approve the suggested boundaries. Motion passed 4:0. ii. SJ Inc and 7-Eleven Inc d/b/a 7-Eleven Store 13164A for a Permanent Modification of a Fermented Malt Beverage Off-Premise type liquor license at 2605 Valmont Road, Boulder, CO 80304. The following neighborhood boundaries were discussed: Iris Avenue on the North, Pearl Street on the South, Foothills Parkway on the East, and 201h Street on the West. Member Lundgren moved, Mahoney seconded to approve the suggested boundaries. Motion passed 4:0. iii. Lantz, LLC d/b/a R Gallery for a New Art Gallery Permit type liquor license at 2027 Broadway, Boulder, CO 80302. The following neighborhood boundaries were discussed:Alpine Avenue on the North, University Avenue on the South, 20th Street Extended on the East, and City Limits on the West. Member Califano moved, Absalom seconded to approve the suggested boundaries. Motion passed 4:0. BLA 4/17/19 Final Minutes Page 6 of 8 a. Expected Administrative Processing of Liquor License Transfer Applications - No transfer applications were processed administratively for April. b. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room - No applications were submitted. c. Informational items i. April Special Events and Temporary Modifications This item was included in the hearing packet. ii. April Liquor License renewal mailing lists This item was included in the hearing packet. iii. LED March 27, 2019 Email — LED Announces New Online License Information Search Tool This item was included in the hearing packet. iv. LED March 29, 2019 Email—Liquor Enforcement Division—Law and Rules Clarification This item was included in the hearing packet. v. LED March 29,2019 Email—Liquor Enforcement Division—Bulletin 19-03 -Sidewalk Service Area This item was included in the hearing packet. vi. LED March 29,2019 Email—Liquor Enforcement Division—Rules Effective March 30, 2019, and 2018 Adopted Liquor Rules, and January 1, 2019 Emergency Rules This item was included in the hearing packet. BLA 4/17/19 Final Minutes Page 7 of 8 10. Matters from the Chair and Members of the Authority An email from Member Lundgren regarding her BLA seat and an upcoming absence for 6 hearings was entered as Agenda Item 10, Exhibit 1 but was discussed under Agenda Item 1 ii-. Member Califano inquired about B's Grilled Cheese closed location. Ms. Cook noted that the licensee is in contact with City licensing office regarding surrendering their liquor license. L Discussion of BLA Retreat hearing dates and any current agenda items Ms. Cook noted that perhaps the BLA Retreat meeting should be scheduled sometime during the first two weeks of June 2019. Ms. Cook also noted that she will email the BLA Authority with the possible dates for the BLA Retreat. ADJOURNMENT Member Lundgren moved, Mahoney seconded,that this hearing should be adjourned and thus the hearing was adjourned at 4:5813M. Motion to adjourn approved 4:0. Attested: Approved: Mishawn J. Cook, Licensing Manager lair of Beverage sing Authority And Secretary to Beverage Licensing Authority BLA 4/17/19 Final Minutes Page 8 of 8