HomeMy WebLinkAboutAgenda Item 1 Exhibit 1 - 2.19.20 BLA Hearing MinutesBLA 2/19/20 DRAFT Minutes
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CITY OF BOULDER
BEVERAGE LICENSING AUTHORITY
** * HEARING MINUTES * * *
FEBRUARY 19, 2020, 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: February 19, 2020
NAME & PHONE OF PERSON Jon Yslas, Licensing Operations Specialist III
PREPARING SUMMARY: (303-441-1934)
NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT:
Board Members: Matthew Califano, Kevin Mahoney, Alyssa Lundgren, Michael Absalom and Michael
Friesen
Staff Present: Debra Kalish, Senior Counsel, Jon Yslas, Licensing Operations Specialist III, and Kristen
Teague , Licensing Operations Specialist III
1.Agenda Item:
i.Member roll call;
Authority member roll call was completed, with a quorum of all 5 members present.
ii.Tabled review and approval of Beverage Licensing Authority (BLA) minutes from October
16, 2019 hearing;
Member Friesen moved, Absalom seconded, to approve the minutes. Motion passed 3:0 as
Member Lundgren and Member Mahoney abstained from voting as they were not present
for this hearing.
iii.Approval of Beverage Licensing Authority (BLA) minutes from January 15, 2020 hearing;
Member Lundgren moved, Califano seconded, to approve the minutes with the requested
changes. Motion passed 4:0 as Member Absalom abstained from voting as he was not present
for this hearing.
iv.Hearing agenda issues from Licensing Clerk;
Licensing Specialist Yslas requested the Authority dismiss Agenda Item 6 – The Last Hurrah,
LLC d/b/a Sko Lounge, 1325 Broadway, Unit 201, Boulder, CO 80302 as they have successfully
transferred their liquor license on February 5, 2020 to CDXX, LLC d/b/a Roxie’s Tacos. Roxie’s
Tacos currently holds an issued temporary liquor license. Therefore, making Sko Lounge’s
renewal hearing unnecessary. The Authority agreed to dismiss this agenda item.
Agenda Item 1, Exhibit 1
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2. Matters from the Boulder Police Department (BPD).
Boulder Alcohol Enforcement Officer Rich Denig appeared and provided comments to the
Authority regarding the upcoming show cause hearings for King Soopers 28 and Sancho’s Mexican
Restaurant. Chair Califano inquired about fake identification cards. Officer Denig replied that the
police department is regularly collecting the cards. Member Friesen inquired about the summons
if processed. Officer Denig replied that deferred prosecution would be summoned for a first
offence and that 70% of fake identification cards were from CU Boulder students in 2019.
3. Matters from the Responsible Association of Retailers (RAR).
Nathan Dewey from the Responsible Association of Retailers appeared and provided comments
to the Authority regarding the agenda and attendees to the next RAR meeting. Mr. Dewey mention
that Torchy’s Tacos are interested in joining and that in the future and that RAR is looking to recruit
more Retail Liquor Stores with more off premise liquor service trainings to offer. Licensing
Specialist Teague mention to Mr. Dewey that city licensing staff would attend RHR meetings to
provide insight and updates to members monthly. Mr. Dewey replied that they would reach out to
both city licensing staff and Officer Denig to invite to future meetings. Also, a slight price increase
to $150 for members has been made with very few members dropping out due to the price.
4. General Public Comments for Beverage Licensing Authority.
No public comments were made.
5. Show Cause continued hearing concerning an October 24, 2019 violation and whether the
Hotel-Restaurant type liquor license held by 3 Margaritas XXX, Inc d/b/a 3 Margaritas XXX,
3390 28th Street, Boulder CO 80301, should be suspended or revoked.
Licensing Specialist Yslas noted to the Authority that due to the weather, the attorney for 3
Margaritas XXX will not be present and is requesting this item to be continued to the next hearing
date. In consultation with Licensing Manager Cook, administratively a first request for a
continuance is approved. However, as this is a second request, a representative from 3 Margaritas
XXX would need to be present to make this request in person. Jose Luis Gordivas, owner of 3
Margaritas XXX, appeared before the Authority to make that request. Member Mahoney moved,
Califano seconded, to approve the request to continue this agenda item for the next BLA hearing.
Motion passed 5:0
6. Public hearing and consideration of a January 13, 2020 application from The Last Hurrah, LLC
d/b/a Sko Lounge, 1325 Broadway, Unit 201, Boulder, CO 80302; Robert Mess, Member,
Jamieson St. John, Member and Registered Manager; with a premise business mailing address,
for a renewal of a Hotel Restaurant type liquor license.
This agenda item has been dismissed.
7. Public hearing and consideration of a December 12, 2019 application from Occom Holdings,
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LLC d/b/a Amante Walnut, 1023 Walnut Street, Suite 100, Boulder, CO 80302; Jordan Karp,
Owner; with a business mailing address of P.O. Box 17970, Boulder, CO 80308, for a New Beer
and Wine type liquor license.
Adam Stapen appeared as attorney for the licensee. Jordan Karp, Owner of Amante Walnut, and
Tina Scott of Oedipus, Inc. petitioning service, were sworn in and confirmed the ten-day legal
posting of the premises. Mr. Stapen waived reading of the hearing procedures. There was no ex-
parte or conflicts of interest noted for this agenda item from the Authority members.
Mr. Stapen presented and reviewed this application with Mr. Karp for a new Beer and Wine type
liquor license. Ms. Scott provided testimony as to the neighborhood petitioning for this
application.
The Authority posed a few clarification questions regarding the lease. Mr. Karp replied that this is
a revolving lease with yearly renewals.
Member Friesen moved, Member Absalom seconded, to approve this application for a New Beer
and Wine type liquor license. Motion passed 5:0.
8. Public hearing and consideration of a December 16, 2019 application from PLA Studios, LLC
d/b/a Phil Lewis Art – Studio & Gallery, 2034 Pearl Street, Unit 102, Boulder, CO 80302; Phil
Lewis, Owner; with a premise business mailing address, for a New Art Gallery type liquor
license.
BLA hearing procedures were read into the record. No ex-parte communications or conflicts of
interest were disclosed by Authority Members. No interested parties or public comments were
made. Phil Lewis, Owner, appeared and was sworn in for this matter and confirmed the ten-day
legal posting of the premises.
Mr. Lewis presented, reviewed, and provided testimony as to the neighborhood petitioning for
this application with the Authority for a new Art Gallery type liquor license.
The Authority posed a few clarification questions regarding hours of service, trainings, alcohol
service, and regarding the written alcohol policies and procedures requirement.
Member Lundgren moved, Chair Califano seconded, to approve this application for a New Art
Gallery type liquor license. Motion passed 5:0.
9. Public hearing and consideration of a December 16, 2019 application from Ska Street
Ventures, LLC d/b/a Ska Street Brewstillery, 1600 38th Street, Suite 100-A, Boulder, CO 80301;
David Thibodeau, Managing Member, Matthew Vincent, Member, William Graham, Member,
Steven Breezley, Member, Dustin Lemoine, Member; with a premise business mailing address,
for a New Brew Pub type liquor license.
Chas Runco appeared as attorney for the licensee. David Thibodeau, Managing Member, and Tina
Scott of Oedipus, Inc. petitioning service, were sworn in and confirmed the ten-day legal posting
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of the premises. Mr. Runco waived reading of the hearing procedures. There was no ex-parte or
conflicts of interest noted for this agenda item from the Authority members.
Mr. Runco presented and reviewed this application with Mr. Thibodeau for a new Brew Pub type
liquor license. Ms. Scott provided testimony as to the neighborhood petitioning for this
application.
The Authority posed a few clarification questions regarding previously held liquor licenses in
Colorado and the possible upcoming Distillery Pub type license application. Mr. Thibodeau replied
that further work would need to be done before a legally complete and acceptable Distillery Pub
application can be submitted to the City Licensing office. Member Mahoney mentioned that the
RAR would be a valuable resource and it is recommended for the business to join.
Member Friesen moved, Member Mahoney seconded, to approve this application for a New Brew
Pub type liquor license. Motion passed 5:0.
10. Public hearing and consideration of a December 17, 2019 application from Hi-Mor, Inc d/b/a
Peckish, 1320 College Avenue, Boulder, CO 80302; Steve Morse, co-owner, Julie Morse, co-
owner, Anna Cesario, Registered Manager; with a premise business mailing address, for a New
Hotel-Restaurant type liquor license.
Richard Lopez appeared as attorney for the licensee. Steve Morse, co-owner, Julie Morse, co-
owner, Anna Cesario, Registered Manager, and Tina Scott of Oedipus, Inc. petitioning service, were
sworn in and confirmed the ten-day legal posting of the premises. Mr. Lopez waived reading of
the hearing procedures. There was no ex-parte or conflicts of interest noted for this agenda item
from the Authority members.
Mr. Lopez presented and reviewed this application with Mr. & Mrs. Morse and Ms. Cesario for a
new Hotel-Restaurant type liquor license. Ms. Scott provided testimony as to the neighborhood
petitioning for this application.
The Authority posed a few clarification questions regarding only licensing liquor to be served in
the upstairs portion of the restaurant. Ms. Cesario replied that a wristband system and a point of
sale kiosk will be placed in the licensed area. Member Mahoney requested that the alcohol service
policy be more thorough and recommended using the resources provided by the RAR.
Member Mahoney moved, Member Absalom seconded, to approve this application for a New
Hotel-Restaurant type liquor license. Motion passed 5:0.
11. Matters from the Senior Counsel
Senior Counsel Kalish presented her research on Digital ID’s that was included in the hearing
packet . Also, Senior Counsel Kalish commented that a further discussion with Oedipus, Inc. and
Dill & Dill Attorneys for a proper set of rules for signature deletion on neighborhood petitions.
Member Friesen commented that the Residential and Business neighborhood petitioning pages
that City Licensing prepare for the petitioning packet should be edited to include more room for
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the public to answer whether they approve or deny. Chair Califano requested that this
conversation and formatting of the pages be discussed during the next BLA Retreat.
12. Matters from the Licensing Clerk
a. Neighborhood boundary setting for applications for March 18, 2020 BLA hearing
i. Zeal Boulder, LLC d/b/a Zeal Food for a New Hotel-Restaurant type liquor
license at 2280 Junction Place, Boulder, CO 80301.
The following neighborhood boundaries were discussed: Valmont Road on the
North, Arapahoe Avenue on the South, Foothills Parkway on the East, and 20th
Street on the West. Chair Califano moved, Member Absalom seconded, to approve
these suggested boundaries. Motion passed 5:0.
Licensing Specialist Yslas mentioned to the Authority that the City Licensing office
has yet to receive the BLA recruitment applications. However, City Clerk’s office
provided comment that they have received 2 submitted applications. The date
that the City Licensing office anticipates receiving the applications is February 24,
2020.
b. Expected Administrative Processing of Liquor License Transfer Applications
No applications were submitted.
c. Breweries, Wineries, and Distilleries requests for local licensing authority input on
Application for Colorado Liquor Sales Room
No applications were submitted.
d. Informational items
i. February Special Events and Temporary Modifications
This item was included in the hearing packet.
ii. February Liquor License renewal mailing list
This item was included in the hearing packet.
iii. LED Bulletin 20-01 – 1/9/2020 – Master Files Application and Additional
Locations Forms
This item was included in the hearing packet.
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iv. LED Email – 1/15/2020 – LED – 47-912-Identification
This item was included in the hearing packet.
v. City of Boulder City Council Resolution No 1277 – BLA Rules of Procedure
This item was included in the hearing packet.
13. Matters from the Chair and Members of the Authority
Member Mahoney commented that alcohol policies and procedures requirement
was not included in the BLA Rules and Procedures City Ordinance. Licensing
Specialist Teague replied that this has been addressed and included in the City of
Boulder application questionnaire as question #20.
ADJOURNMENT
Member Friesen moved, Chair Califano seconded, that this hearing should be adjourned and thus the
hearing was adjourned at 5:30 PM. Motion to adjourn approved 5:0.
Attested: Approved:
_________________________________ ___________________________________
Mishawn J. Cook, Licensing Manager Chair of Beverage Licensing Authority
And Secretary to Beverage Licensing Authority