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HomeMy WebLinkAbout09.21.22 BLA MinutesBLA 9/21/2022 Final Minutes Page 1 of 5 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * * HEARING MINUTES * * * WEDNESDAY, SEPTEMBER 21, 2022, 3:00 P.M. VIRTUAL HEARING NAME OF BOARD/COMMISSION:BeverageLicensingAuthority(BLA) DATEOFMEETING:September 21, 2022 NAME & PHONE OF PERSON Katelyn Kellogg, Licensing Specialist PREPARING SUMMARY: (303-441-3039) KelloggK@Bouldercolorado.gov NAMESOFMEMBERS,STAFF,ANDINVITEDGUESTSPRESENT: Board Members: Michael Carr, Matthew Califano, Leah Roberts and Steve Wallace Staff Present: Laurel Witt, Assistant City Attorney, Kristen Changaris, Licensing Manager and Katelyn Kellogg, Licensing Specialist 1. Agenda Item: i. Instructions for Virtual Hearing; Katelyn Kellogg, 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 4 members present. Mike Absalom was absent. iii. Election of Chair and Vice-Chair Member Wallace moved, Member Califano seconded, that the election of the chair and vice-chair would be moved to the October 19, 2022 BLA hearing. Motion approved 4:0. iv. Approval of Beverage Licensing Authority (BLA) minutes from August 17,2022 Member Wallace moved, Member Carr seconded, to approve the minutes of the August 17, 2022 hearing. Motion approved 3:0. Member Roberts abstained. v. Hearing agenda issues from Licensing Clerk; Katelyn Kellogg, Licensing Specialist, informed the Authority that Agenda Item 5 will be continued and there will be a discussion regarding retreat under Agenda Item 12. BLA 9/21/2022 Final Minutes Page 2 of 5 2. Matters fromtheBoulderPoliceDepartment (BPD). Officer Rich Denig updated the Authority that compliance operations will be completed in the coming days. 3. Matters from the Responsible Association of Retailers (RAR). Nathan Dewey, representative from RAR, updated the Authority that the meeting with the LED has been postponed and there is a Fake ID training and a Patron Safety training in the works. Member Califano asked for the certification discussion to be added to the agenda for the retreat. 4. General Public Comments for Future Beverage Licensing Authority Hearings. There was no public comment. 5. Show Cause hearing concerning an alleged June 27, 2022 violation and whether the Retail Liquor Store type liquor license held by Hastatek Corporation d/b/a Boulder Beer & Liquor Emporium, 4700 Table Mesa Dr, Boulder CO, 80302, should be suspended or revoked Member Wallace moved, Member Califano seconded, to continue this matter to the October 19, 2022 meeting. Motion approved 4:0. 6. Public hearing and consideration of an application filed on June 24, 2022, from Circle K Stores Inc d/b/a Circle K Store 2709851, 1480 Canyon Blvd, Boulder, CO 80303; for a renewal of a Fermented Malt Beverage Off-Premise type liquor license; Circle K Stores Inc, 100% owner; Dennis Tewell, VP; Kathy Cunnington President, Secretary and Treasurer; Mark Tate, VP of Operations, Marcella Rocha, Assistant Secretary; and Jim Beam, Manager with a mailing address of 19500 Bulverde Road, Suite 100, San Antonio, TX 78259. Brandon Sandberg, Esq. appeared as the licensee’s attorney, and waived procedures reading on behalf of his client. No ex-parte communications or conflicts of interest were disclosed by the members. No public comment was given, and no interested parties supplied testimony. Craig Holmes, Regional Operations Director, was sworn in and confirmed required 10 day legal posting. Mr. Holmes testified that the renewal was late filed due to an administrative oversight and explained the internal changes made to the administrative processes for liquor license renewals. Member Wallace pointed out his appreciation for the licensee locking the alcohol up and asked if the employees listed on the alcohol training are still employed at the business. Mr. Holmes explained that the Boulder Police Department has come out to do a sight assessment on this location and the business will be increasing some security measures. Mr. Holmes also testified that new employees are completing training in the appropriate time. Member Wallace provided Mr. Holmes with suggestions on how to improve the appearance of the store. Member Carr, Member Califano seconded, to approve this license renewal application. Motion approved 4:0. 7. Public hearing and consideration of an application filed on June 24, 2022, from Circle K Stores Inc BLA 9/21/2022 Final Minutes Page 3 of 5 d/b/a Circle K Store 2709861, 2877 Baseline Road, Boulder, CO 80303; for a renewal of a Fermented Malt Beverage Off-Premise type liquor license; Circle K Stores Inc, 100% owner; Dennis Tewell, VP; Kathy Cunnington President, Secretary and Treasurer; Mark Tate, VP of Operations, Marcella Rocha, Assistant Secretary; and Jim Beam, Manager with a mailing address of 19500 Bulverde Road, Suite 100, San Antonio, TX 78259. Brandon Sandberg, Esq. appeared as the licensee’s attorney, and waived procedures reading on behalf of his client. No ex-parte communications or conflicts of interest were disclosed by the members. No public comment was given, and no interested parties supplied testimony. Craig Holmes, Regional Operations Director, was sworn in and confirmed required 10 day legal posting. Mr. Holmes testified that the renewal was late filed due to an administrative oversight and explained the internal changes made to the administrative processes for liquor license renewals. Member Califano moved, Member Wallace seconded, to approve this license renewal application. Motion approved 4:0. 8. Public hearing and consideration of an application filed on June 24, 2022, from Circle K Stores Inc d/b/a Circle K Store 2709865, 3040 N Broadway, Boulder, CO 80303; for a renewal of a Fermented Malt Beverage Off-Premise type liquor license; Circle K Stores Inc, 100% owner; Dennis Tewell, VP; Kathy Cunnington President, Secretary and Treasurer; Mark Tate, VP of Operations, Marcella Rocha, Assistant Secretary; and Jim Beam, Manager with a mailing address of 19500 Bulverde Road, Suite 100, San Antonio, TX 78259. Brandon Sandberg, Esq. appeared as the licensee’s attorney, and waived procedures reading on behalf of his client. No ex-parte communications or conflicts of interest were disclosed by the members. No public comment was given, and no interested parties supplied testimony. Craig Holmes, Regional Operations Director, was sworn in and confirmed required 10 day legal posting. Mr. Holmes testified that the renewal was late filed due to an administrative oversight and explained the internal changes made to the administrative processes for liquor license renewals. Member Carr moved, Member Califano seconded, to approve this license renewal application. Motion approved 4:0. 9. Public hearing and consideration of an application filed on July 6, 2022 from Avanti Boulder LLC d/b/a Avanti F&B/Avanti Food and Beverage, 1401 Pearl Street, Unit 100 and 400, Boulder CO 80301; Avanti Boulder, LLC, Licensee LLC, with GRT, LLC [GRT] as 1st underlying Owner and Member of Licensee LLC and with PDO Management Boulder, LLC [PDOMB] as 1st underlying Owner and Operating Manager of Licensee LLC and with RSH Management Boulder, LLC [RSHMB] as 1st underlying Owner and Operating Manager of Licensee LLC, and with ORG Holdings, LLC [ORG] as 2nd underlying Owner and with Robert Hahn Enterprises, Inc [RHE] as 2nd underlying Owner and three below stated persons as 2nd underlying Owners through GRT; Patrick O’Neill as Manager of Licensee LLC, Manager of PDO, and Sole Member of ORG, Robert Hahn as Manager of Licensee LLC, Manager of RSHMB, Sole Member of RHE and Co-owner of GRT, Gerald Engle, Manager of Licensee LLC and Co-owner of GRT, and Anthony DiLucia, Jr. as Manager of Licensee LLC and Co-owner of BLA 9/21/2022 Final Minutes Page 4 of 5 GRT, and with no other persons or entities owning over a 10% Interest; and Travis Christ as Registered Manager; with a business mailing address of 3200 Pecos Street, Denver, CO 80211, for a Renewal of a Tavern type liquor license. Robert Runco, Esq. appeared as the licensee’s attorney, and waived procedures reading on behalf of his client. No ex-parte communications or conflicts of interest were disclosed by the members. No public comment was given, and no interested parties supplied testimony. Travis Christ, Director of Operations, was sworn in and confirmed required 10 day legal posting. Mr. Runco testified that the late filing was the fault of Mr. Runco’s office despite the licensee providing the renewal information to Mr. Runco’s office in a timely manner. Mr. Runco explained administrative changes that will solve the issue. Ms. Kellogg confirmed that the licensee is approved by Sales Tax and Occupation Tax. Member Califano moved, Member Carr seconded, to approve this license renewal application. Motion approved 4:0. 10. Public hearing and consideration of an application filed on June 14, 2022, from Gaku Ramen II LLC d/b/a Gaku Ramen, 1035 Pearl Street, Boulder CO 80302; Ramen Concepts, LLC, 100% owner, David Stone, Officer, Ryan Goldstein, Officer, Michael March, Officer and Matthew Krebs, proposed registered manager, with a premise business mailing address, for a new Hotel- Restaurant type liquor license Adam Stapen, Esq. appeared as the licensee’s attorney, and waived procedures reading on behalf of his client. No ex-parte communications or conflicts of interest were disclosed by the members. No public comment was given, and no interested parties supplied testimony. Joe Vicari, principal on behalf of management company, was sworn in. Eva Garretson, representative of Liquor Pros was sworn in and confirmed required 10 day legal posting. Ms. Kellogg informed the Authority that a change of ownership structure was submitted to them as an exhibit before the hearing. Eva Garretson testified regarding the petitioning information provided to the BLA. Joe Vicari, partner in Trust Three Hospitality and operator for Gaku Ramen, provided testimony regarding operations of Gaku Ramen and his experience as a liquor licensee. Mr. Vicari explained the alcohol service policy for Gaku Ramen. Member Califano suggested that Gaku Ramen join the Responsible Association of Retailers. Member Wallace moved, Member Califano seconded, to approve this new hotel-restaurant type liquor license application. Motion approved 4:0. 11. Matters from the Assistant City Attorney No matters were presented. 12. Matters from the Licensing Clerk a. Applications for Outdoor Dining Pilot Program Ms. Kellogg explained that no applications for the Outdoor Dining Pilot Program have received public comment and will not need to be convened. BLA 9/21/2022 Final Minutes Page 5 of 5 b. Neighborhood boundary setting for applications for October 19, 2022 BLA hearing: i. Roots Music Project LLC d/b/a Roots Music Project for a New Lodging and Entertainment type liquor license application at 4747 Pearl Street, Suite V3A &C, Boulder CO 80301 City Staff suggested neighborhood boundaries for the application for Roots Music Project: Iris on North, Arapahoe on South, Airport Road Extended on East, 28 th Street on West. Member Wallace moved, Member Califano seconded, to approve the suggested boundaries. c. Expected Administrative Processing of Liquor License Transfer Applications None for September 2022 d. Breweries, Wineries and Distilleries requests for local licensing authority input on Applications for Colorado Liquor Sales Rooms None for September 2022 e. Processing of Special Event Liquor Permits & Temporary Modifications not related to the Outdoor Dining Program Special Event Permits List f. Information Items Kristen Changaris, Licensing Manager, opened a discussion regarding retreat and the potential option to return to in-person or hybrid meetings. Member Califano requested that the discussion of potential dates be postponed to until all members are present. Member Wallace commented that he finds it instructive for license holders to attend hearings in person and Ms. Changaris commented that this will be an agenda item for October. 11.Matters from the Chair and Members of the Authority No matters were presented. ADJOURNMENT Member Wallace moved, Califanoseconded, thatthishearingshouldbe adjourned,andthus, the hearing was adjourned at 4:23 PM. Motion to adjourn approved 4:0. Attested:Approved: Kristen Changaris, Licensing Manager Matthew Califano, Acting ChairofBeverage And Secretary to the Authority Licensing Authority