Loading...
HomeMy WebLinkAbout05.18.22 BLA MinutesBLA 5/18/2022 Final Minutes Page 1 of 5 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * * HEARING MINUTES * * * WEDNESDAY, MAY 18, 2022, 3:00 P.M. VIRTUAL HEARING NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: May 18, 2022 NAME & PHONE OF PERSON Raymond Jefferson, Licensing Specialist PREPARING SUMMARY: (303-441-3013) JeffersonR@Bouldercolorado.gov NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Michael Absalom, Steven Wallace, Michael Carr, and Matthew Califano, Staff Present: Laurel Witt, Assistant City Attorney, Mishawn Cook, Licensing Manager, Jon Yslas, Licensing Specialist, and Raymond Jefferson, Licensing Specialist 1. Agenda Item: i. Instructions for Virtual Hearing; Raymond Jefferson, Licensing Specialist, provided instructions to the BLA members, city staff, and hearing participants on how to participate during the virtual hearing. ii. Member Roll Call; Authority member roll call was completed with a quorum of 3 members (Absalom, Califano and Wallace were in attendance) present. The board was informed that board member, Michael Carr, would be approximately 1.5 hours late to this hearing. It was also stated that Member Matthew Califano would be leaving this hearing once Member Michael Carr arrived, so it was noted by Ms. Cook that a quorum of 3 members would be in attendance for all hearing items during this hearing. iii. Election of Chair and Vice-Chair Ms. Cook informed the BLA that the interviewing process was continuing and that a 2nd BLA female applicant was interviewed on May 17, 2022. Ms. Cook suggested that this item should be moved to the June 15th BLA hearing, because the City Clerk’s Office expects that several of the board vacancies will be filled at the June 14TH Council meeting. iv. Approval of Beverage Licensing Authority (BLA) minutes from April 20, 2022 Approval of Beverage Licensing Authority (BLA) draft minutes from April 20, 2022 hearing was continued to June 15, 2022 hearing. BLA 5/18/2022 Final Minutes Page 2 of 7 v. Hearing agenda issues from Licensing Clerk; Mishawn Cook noted that it was expected that a 2nd continuance would be requested for Agenda item 5- Bluff Street. Mr. Mike Lazlo as attorney then addressed the Authority noting that he will be withdrawing due to a conflict of interest, and so, another continuance would be requested. Ms. Cook supplied the BLA with the text from BLA rule 8-1-8, which states that if a continuance that BLA can forestall service until the continued hearing date. Mike Laszlo, Esq. again stated that the only basis for the continuance is that he cannot represent Bluff Street as attorney, and that he and the owner, Richard Weiman, just talked to Officer Rich Denig just last Friday, so he requested that Bluff Street Bar be allowed to use their license to sell alcohol until June 15, 2022. Officer Denig supplied a summary of their preliminary discussions about this renewal. Member Steve Wallace, moved, Absalom seconded, that this continuance will be granted and that use of the Tavern license will not be forestalled during the continued period. Motion approved 3:0 2. Matters from the Boulder Police Department (BPD). Officer Rich Denig presented no further matters. 3. Matters from the Responsible Association of Retailers (RAR). Nathan Dewey with RAR did not appear. 4. General Public Comments for Future Beverage Licensing Authority Hearings. No members of the public came forward to supply general public comment to the BLA. 5. Public hearing and continued consideration of an application filed on February 4, 2022, from Boulder’s Tavern, LLC d/b/a Bluff Street Bar and Billiards,2690 28th Street, Unit E, Boulder, CO 80301-1254; Richard Weiman, Managing Member, Robert Ware, and Jose Emmanuelli Members, with a premise business mailing address, for a renewal of a Tavern type liquor license The continuance of this hearing agenda item was addressed under agenda item 1. This renewal hearing was continued by the Authority to their next hearing on Wednesday June 15, 2022. 6. Public hearing and consideration of a application filed on March 1,2022, from 7E CO 2, LLC (franchisee) and 7 -Eleven,Inc. (franchisor) as joint licensees d/b/a 7-Eleven Store 35069C, 1091 13th Street, Boulder, CO 80302; 7E CO 2, LLC (Franchisee LLC) with Kenneth Monfort and Alon Mor as its Managers and with 7E CO Holdings, LLC as 100% owner of Franchisee LLC with Kenneth Monfort and Alon Mor as its underlying Members, and with 7-Eleven, Inc. (Franchisor Corp) 100% owned by SEJ Asset Management & Investment Company and with Joseph DePinto as President, CEO, and Director, Rankin Gasaway as Senior Vice President, Secretary, and General Counsel, and with Stanley Reynolds, Executive Vice President and Chief Financial Officer of Franchisor Corp, with a business mailing address of P. O. Box 219088, Dallas, TX 75221, for a renewal of a BLA 5/18/2022 Final Minutes Page 3 of 7 Fermented Malt Beverage Off-Premise type liquor license. Kevin Coates, Esq. appeared as the licensee’s attorney, and he waived procedures reading on behalf of his client. Vice Chair Absalom inquired if there were any ex-parte communications or conflicts of interest for the Authority members and none were disclosed. No public comment was given, and other interested parties appeared for this matter. The BLA was advised that additional training information was sent as agenda 6, exhibit 1 on May 18, 2022. Josh Cooley and Don Buck were both sworn in, they supplied testimony about this late filed renewal application, and Mr. Cooley confirmed that the required 10-day posting had been completed. Member Wallace moved, Califano seconded, to approve this license renewal application. Motion approved 3:0. 7. Public hearing and consideration of an application filed on March 7, 2022, from Everyday Stores LLC d/b/a Everyday Store 5700, 1275 13th Street, Boulder, CO 80302: Harbans Lali, President, Gurbinder Virk, Member, with a business mailing address of 1360 W 13th Avenue, Broomfield, CO 80020, for a renewal of a Fermented Malt Beverage Off-Premises type liquor license. Erika Kaiser, Esq. appears as the licensee’s attorney, and she waived procedures reading on behalf of her client. Vice Chair Absalom inquired if there were any ex-parte communications or conflicts of interest for the Authority members and none were disclosed. No public comment was given, and other interested parties appeared for this matter. Harbans Lali, owner, was sworn in, supplied testimony about this late filed renewal, and Mr. Lali confirmed the required 10 day posting for this item. The BLA was advised that a TIPS training card was received on May 16, 2022, and that it has been supplied to them as agenda 7, exhibit 1. Member Califano moved, Absalom seconded, to approve this license renewal application. Motion approved 3:0. 8. Public hearing and consideration of an application filed on March 8, 2022, from Cured Wines LLC d/b/a Cured Wines, 5700, 1825 Pearl Street, Suite B, Boulder, CO 80302; Jason Zuliani, Managing Member, J. Larry Williams, Member, with a premise business mailing address for a renewal of a Retail Liquor Store type liquor license Mike Laszlo, Esq. appeared as the licensee’s attorney, and he waived the procedures reading on behalf of his client. Vice Chair Absalom inquired if there were any ex-parte communications or conflicts of interest for the Authority members and none were disclosed. No public comment was given, and other interested parties appeared for this matter. Mr. Jordan Burkhardt, store manager, was sworn in, supplied testimony about this late filed renewal application, and he confirmed that the 10-day posting requirement was completed. Member Wallace moved, Absalom seconded, to approve this late filed license renewal application. Motion approved 3:0 9. Public hearing and continued consideration of an application filed on October 13, 2021, from BLA 5/18/2022 Final Minutes Page 4 of 7 Niche Workspaces, LLC. d/b/a The NICHE Event Space, 4571 Broadway, Boulder, CO 80304; Jesse Day, Owner, and Proposed Registered Manager, with a premise business mailing address, for a New Tavern type liquor license Veronica Vecchio, Esq. appeared as the applicant’s attorney, and she waived reading of the new license procedures on behalf of her client. Vice Chair Absalom inquired if there were any ex-parte communications or conflicts of interest for the Authority members and none were disclosed. No public comment was given, and other interested parties appeared for this matter. Jesse Day, license applicant, appeared for this new license application, he was sworn in, and Mr. Day confirmed that the proposed location was posted for the required 10-day period. Ms. Vecchio guided Mr. Day through testimony related to emailed attachments received on May 17, 2022, which was marked as agenda item 9, exhibit 1, providing training evidence and also a more descriptive alcohol service policy to address the BLA’s April 20, 2022 concerns expressed at the first hearing. After discussion and acknowledgement of the BLA that no further concerns existed, Member Wallace moved, Califano seconded, to approve this new tavern liquor license application. Motion approved 3:0. 10. Public hearing and consideration of an application filed on March 7, 2022, from Pars Gas & Food, Inc d/b/a Buffalo Gas, 5500 Arapahoe Avenue, Boulder, CO 80303; Shervin Kordouni, Owner, with a premise business mailing address, for a new Fermented Malt Beverage-Off Premises type liquor license Veronica Vecchio, Esq. appeared as the applicant’s attorney, and she waived procedures reading on behalf of her client. Vice Chair Absalom inquired if there were any ex-parte communications or conflicts of interest for the Authority members and none were disclosed. No public comment was given, and other interested parties appeared for this matter. Shervin Kordouni, license applicant, was sworn in, and he confirmed the posting of the proposed premise for the legal required 10-day period. Ms. Vecchio asked questions of Mr. Kordouni related to the customer’s requests for the new license and also related to the TIPs training cards and alcohol service policy supplied to the BLA on May 18, 2022 as agenda item 10, exhibit 1. After discussion, Member Absalom moved, Califano seconded, that this new license application should be approved but that this new license should be put on non-administrative renewal for the year of 2023 and that a more robust alcohol service policy should be submitted and reviewed at the renewal hearing. Motion to approve this new license application with conditions approved 3:0. At the end of agenda item 10, Member Matthew Califano left the hearing and Member Michael Carr was in attendance to begin deliberations for the remainder of the hearing. The required 3- member quorum continued as required through the end of the hearing. Regarding Agenda Items 11 to 14 for temporary modifications through August 31, 2022 Mishawn Cook noted that total applications were up to 32 and that for Blofish, The Kitchen, ND street Bar, River & Woods, Ashkara, West End Tavern, Post Brew, Jax, Cafe Aion, Bartaco, T-aco, and The Corner had been fully processed and were state approved. BLA 5/18/2022 Final Minutes Page 5 of 7 For Frasca, Japango, Pasta Jay’s, these three licensees had completed their required 10-day postings and would be sent city approved to the state for final processing. In addition, for the below Agenda items 14 to 14, Ms. Cook made comments as described below: 11. Hapa Group Inc d/b/a Hapa Sushi & Sake, 1117 Pearl Street, Boulder, CO 80302; Mark Van Grack, President, with a business mailing address of 1117 Pearl Street, Boulder, CO 80302, for a 1080 square feet addition filed on April 26, 2022, to a Hotel-Restaurant type liquor license. Ms. Cook noted that 10 day posting was completed on 5/9/2022 without comment so the city approved application sent to state on 5/11/2022. 12. Stash Enterprises LLC d/b/a Southern Sun Pub & Brewery, 627 Broadway, Suite B-E, Boulder, CO 80305; Kevin Daly, LLC Manager and underlying co-owner, Paul Nashak, LLC Manager and underlying co-owner, Thomas Daly, LLC Manager, and underlying co-owner, Easy Tiger Enterprises LLC, 33.3% Member with Timothy McMurray as underlying LLC co-owner, Blackford & Daly Enterprises, Inc., 33.3% Member, and Daly & Daly Enterprises LLC, 33.3% Member, and Michael Absalom, Registered Manager, with a premise business mailing address, for a 2,320 square feet addition filed on April 26, 2022, to a Brew Pub type liquor license. Ms. Cook noted that posting was competed on 5/9/2022 without comment so city approved application sent to state on 5/11/2022. 13. You Eat More Enterprises LLC d/b/a Under The Sun, 627 Broadway, Suite A Boulder, CO 80305; Kevin Daly, Paul Nashak and Timothy McMurray Members and William Doermann Reg. Manager, with a premise business mailing address of,627Broadway, Suite A, Boulder, CO 80305 for a 1,672 square foot addition filed on April 26, 2022, to a Hotel-Restaurant type liquor license. Ms. Cook noted that posting was completed on 5/9/22 without comment so city approved application sent to State on 5/11/22. 14. Sforno Restaurant Concepts LLC d/b/a Sforno Trattoria Romana, 1308 Pearl Street, Boulder, C0 80302; Kenneth Budde and Elodie Lisle Members and Jessica Brothers Reg. Manager, with a premise business mailing address, for a 216 square foot addition filed on April 26, 2022, to a Hotel-Restaurant type liquor license. Ms. Cook noted that posting was completed on 5/15/22 without comment and that the city awaits the return of the affidavit of posting which was sent on Monday 5/16/22. 15. Matters from the Assistant City Attorney Assistant City Attorney, Laurel Witt, advised the Authority that some reorganization of duties had occurred in her office, so she would be the representing attorney for the BLA in future, not Veronique Van Gheem. 16. Matters from the Licensing Clerk a. Temporary Modification Outdoor Dining Pilot Program Update BLA 5/18/2022 Final Minutes Page 6 of 7 Mishawn Cook introduced the cover letter and attachments sent to the Authority on May 16, 2022 for this upcoming expected pilot program for the outdoor dining program. b. Virtual and In-Person Meeting Update Mishawn Cook noted that the City of Boulder has transitioned into medium COVID level, so board meeting are now virtual, but staff continue working in-person one day a week. c. Neighborhood boundary setting for applications for June 15, 2022, BLA hearing The following neighborhood boundaries were discussed: i. Coco Inc d/b/a Doug’s Diner for a New Hotel-Restaurant type liquor license application at 2574 Baseline Road, Boulder CO 80305 City staff suggested neighborhood boundaries for the 2019 application for Oregano’s: Colorado Ave Ext on the North, Table Mesa Dr Ext on the South, Foothills Pkwy on the East, and City Limits on the West Member Wallace moved, Carr seconded, to set the boundaries for this application as above listed. Motion approved 3:0. ii. Barchetta, LLC d/b/a Barchetta for a Permanent Modification of a Hotel-Restaurant type liquor application at 1644 Walnut Street, Boulder CO 80302 City staff stated that they did not have suggested boundaries. The Authority discussed the below boundaries for this application: High Street extended on the North, Marine on the South, Folsom on the East, and Broadway to 9th on the West Member Absalom moved, Carr seconded, that the boundaries for this application should be above described. Motion passed 3:0. d. Expected Administrative Processing of Liquor License Transfer Applications Mishawn Cook noted that she expected that she would be able to process the Harvest Wine & Spirits license transfer for a retail liquor store type liquor license, but she would update the BLA next month. e. Special Event Liquor Permits or Temporary Modifications Mishawn Cook stated that the pertinent monthly lists were in the hearing packet and that she had addressed the temporary modification applications earlier under this item. f. Breweries, Wineries, and Distilleries requests for local licensing authority input BLA 5/18/2022 Final Minutes Page 7 of 7 on Application for Colorado Liquor Sales Room No state only license applications were noted at this time. g. Informational Items The list of the August 2022 liquor renewals monthly list was stated to be in the packet. 17. Matters from the Chair and Members of the Authority No matters were addressed. ADJOURNMENT Member Wallace moved, Carr seconded, that this hearing should be adjourned, and thus, the hearing was adjourned at 5:52 PM. Motion to adjourn approved 3:0. Attested: Approved: Mishawn J. Cook, Licensing Manager Acting Chair of Beverage Licensing Authority And Secretary to the Authority Signature: Email: Signature: Email: Mishawn J Cook (Jun 17, 2022 10:13 MDT) cookm@bouldercolorado.gov Matthew Califano (Jun 19, 2022 17:16 MDT) mdcalifano@gmail.com 05.18.22 BLA Hearing Final Minutes- mjc edits Final Audit Report 2022-06-19 Created:2022-06-17 By:Raymond Jefferson (jeffersonr@bouldercolorado.gov) Status:Signed Transaction ID:CBJCHBCAABAAC_0JI6H51bWk_FZ6TlkBNuiRW9G6jg2l "05.18.22 BLA Hearing Final Minutes- mjc edits" History Document created by Raymond Jefferson (jeffersonr@bouldercolorado.gov) 2022-06-17 - 4:12:09 PM GMT Document emailed to cookm@bouldercolorado.gov for signature 2022-06-17 - 4:12:13 PM GMT Email sent to licensestaff@bouldercolorado.gov bounced and could not be delivered 2022-06-17 - 4:12:26 PM GMT Email viewed by cookm@bouldercolorado.gov 2022-06-17 - 4:12:33 PM GMT Document e-signed by Mishawn J Cook (cookm@bouldercolorado.gov) Signature Date: 2022-06-17 - 4:13:35 PM GMT - Time Source: server Document emailed to mdcalifano@gmail.com for signature 2022-06-17 - 4:13:36 PM GMT Email viewed by mdcalifano@gmail.com 2022-06-19 - 11:15:07 PM GMT Document e-signed by Matthew Califano (mdcalifano@gmail.com) Signature Date: 2022-06-19 - 11:16:08 PM GMT - Time Source: server Agreement completed. 2022-06-19 - 11:16:08 PM GMT