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HomeMy WebLinkAbout10.18.23 BLA Minutes BLA 10/18/2023 Minutes Page 1 of 7 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * * HEARING MINUTES * * * WEDNESDAY, OCTOBER 18, 2023, 3:00 P.M. VIRTUAL HEARING NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: October 18, 2023 NAME & PHONE OF PERSON Katelyn Kellogg, Licensing Specialist PREPARING SUMMARY: (303-441-3039) kelloggk@bouldercolorado.gov NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Michael Absalom, Matthew Califano, and Leah Roberts Staff Present: Christiana McCormick, 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 3 members present at the time of roll call. Member Carr was absent. iii. Approval of Beverage Licensing Authority (BLA) minutes from the September 20, 2023, hearing; Member Absalom moved, and Member Roberts, seconded to approve the minutes from the September 20, 2023, hearing. Motion Passed 3:0. iv. Hearing agenda issues from Licensing Clerk; None were discussed. 2. Matters from the Boulder Police Department (BPD). Officer Rich Denig gave an update to the Authority regarding an update to businesses on the hill staying open later than their allowed zoning and compliance checks. Officer Denig let the Board know that he will be retiring in November and the Board thanked him for his BLA 10/18/2023 Minutes Page 2 of 7 service. 3. Matters from the Responsible Association of Retailers (RAR). Nathan Dewey reported to the Authority that membership enrollment and TIPS trainings attendance continued to rise. Mr. Dewey notified the Authority that there were concerns about public consumption of alcohol and to-go drinks. 4. General Public Comments for Future Beverage Licensing Authority Hearings. No public comment received. 5. Show Cause hearing concerning an alleged violation and whether the Hotel-Restaurant type liquor license held by Penko Corporation d/b/a Chicken on the Hill, 1119 13th St, Boulder CO, 80302, should be suspended or revoked. Duong Lu, Licensee appeared for this matter. Mr. Lu was sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Chair Califano read the procedures into the record. Member Absalom moved, Member Califano seconded, that there is no violation but the licensee will be scheduled for 6 months of Monthly Status Reports to the Beverage Licensing Authority to prove compliance with Occupation and Sales Tax and the licensee will be scheduled for a renewal hearing for their 2024 renewal application. Motion passed 3:0. 6. Continued public hearing and consideration of an application filed on March 29, 2023, from Rapha Racing LLC d/b/a Rapha, 1815 Pearl Street, Boulder, CO 80302; Simon Mottram, 100% Owner, and Rene Herrera, Proposed Registered Manager, with a premise business mailing address for a renewal of a Beer and Wine type liquor license. Michael Brady, employee appeared for this matter. Mr. Brady was sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Chair Califano read the procedures into the record. Mr. Brady requested a continuance of this item to the next hearing. Member Absalom moved, Member Carr seconded, to grant the request for continuance. Motion passed 3:0. 7. Public hearing and consideration of an application filed on August 14, 2023, from Sanchos Mexican Restaurant II LLC d/b/a Sanchos Mexican Restaurant, 6545 Gunpark Drive, Unit 280, Boulder, CO 80301; Jose Luis Garcia-Rodriquez, 100% Owner, and Erica BLA 10/18/2023 Minutes Page 3 of 7 Arellano, Proposed Registered Manager, with a premise business mailing address for a renewal of a Hotel-Restaurant type liquor license. Jim Beimford, attorney for the licensee appeared for this matter along with Phoenix Brian Priester, Manager. Mr. Priester was sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Mr. Beimford waived the reading of procedures. Mr. Priester gave testimony as to the reasons for late filing. The Board asked clarifying questions. Member Califano moved, Member Roberts seconded, to approve the Renewal of a Hotel- Restaurant type liquor license. Motion passed 3:0. 8. Public hearing and consideration of an application filed on August 17, 2023, from Dillon Companies LLC d/b/a King Soopers Div No 33, 3600 Table Mesa Dr, Boulder, CO 80305; Kroger Co. as 100% Owner, and with Steven J. Dreher as President, Thomas J. Sullivan as Vice President, Christine R. Wheatley as Director/Vice President/ Secretary, Carin L. Fike as VP and Treasurer, Phillip B. Nelson as Vice President, and with Tony Woodward as Store Manager; with a business mailing address of P.O. Box 305103, Nashville, TN 37230 for a Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premises type liquor license. Agenda Items 8 and Agenda Item 9 were read into the record. Adam Stapen, attorney for the licensee appeared for this matter along with Theresa Dietz, representative for King Soopers and Eva Garretson, representative from Liquor Pros. Ms. Dietz and Ms. Garretson were sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Mr. Stapen waived the reading of procedures. Ms. Garretson gave testimony regarding the petitioning report. Ms. Dietz gave testimony regarding the operations of the business. The Board noted that Petty John’s and other licensed business in the vicinity were not included in the petitioning results. Member Absalom moved, Member Califano seconded, to approve the Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premise type liquor license. Motion passed 3:0. 9. Public hearing and consideration of an application filed on August 17, 2023, from Dillon Companies LLC d/b/a King Soopers Div No #61, 1650 30th St, Boulder, CO 80301; Kroger Co. as 100% Owner, and with Steven J. Dreher as President, Thomas J. Sullivan as Vice BLA 10/18/2023 Minutes Page 4 of 7 President, Christine R. Wheatley as Director/Vice President/ Secretary, Carin L. Fike as Vice President and Treasurer, Phillip B. Nelson as Vice President, and with Joe Terrazas as Store Manager; with a business mailing address of P.O. Box 305103, Nashville, TN 37230 for a Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premises type liquor license. Agenda Items 8 and Agenda Item 9 were read into the record. Adam Stapen, attorney for the licensee appeared for this matter along with Theresa Dietz, representative for King Soopers and Eva Garretson, representative from Liquor Pros. Ms. Dietz and Ms. Garretson were sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Mr. Stapen waived the reading of procedures. Ms. Garretson gave testimony regarding the petitioning report. Ms. Dietz gave testimony regarding the operations of the business. Member Absalom moved, Member Roberts seconded, to approve the Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premise type liquor license. Motion passed 3:0. 10. Continued public hearing and consideration of an application filed on July 6, 2023 from Boulder Broker Inn LLC d/b/a Broker Swim Club / Bottom of the Rocks, 555 30th Avenue, Boulder, CO 80303; Gemma Williams, 100% Owner and Member, and Erik Jacobsen, Proposed Registered Manager with a premise business mailing address for a new Hotel-Restaurant type liquor license. Austin Gemmell, attorney for the licensee appeared for this matter along with Gemma Williams, Owner and Greg Topel, Consultant. Ms. Williams and Mr. Topel were sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Mr. Gemmell waived the reading of procedures. Mr. Topel gave testimony regarding the operations of the business, the licensed premises and the plan for control. Member Absalom moved, Member Califano seconded, to approve the New Hotel- Restaurant type liquor license. Motion passed 3:0. 11. Public hearing and consideration of an application filed on July 17, 2023, from Sherpa Holdings 2015 LLC d/b/a Fuji Restaurant and Bar, 2018 Broadway, Boulder, CO 80302; Pemba D Sherpa, 100% Owner and Registered Manager with a premise business mailing address for a new Hotel-Restaurant type liquor license. BLA 10/18/2023 Minutes Page 5 of 7 Zongbing Li, attorney for the licensee appeared for this matter along with Pemba Sherpa, Owner. Mr. Sherpa was sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Mr. Li waived the reading of procedures. Mr. Sherpa gave testimony regarding the petitioning report and general operations of the business.. Member Absalom moved, Member Roberts seconded, to approve the New Hotel- Restaurant type liquor license. Motion passed 3:0. 12. Public hearing and consideration of an application filed on August 7, 2023 from Boulder Shack LLC d/b/a Maine Shack, 2010 16th St, Unit 110, Boulder, CO 80302; Howard Andrew Ryan, President; Eric Pirritt, Member; John Caprio, Vice President; and Christiana Ryan, Proposed Registered Manager with a business mailing address of 1535 Central St, Denver, CO 80211 for a new Hotel-Restaurant type liquor license. Howard Ryan, Licensee and Christiana Ryan, Proposed Registered Manager appeared for this matter. Mr. Ryan and Ms. Ryan were sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Chair Califano read the procedures into the record. Mr. Ryan gave testimony regarding the general operations of the business, the premise diagram and petitioning reports. Member Califano moved, Member Roberts seconded, to approve the New Hotel- Restaurant type liquor license. Motion passed 3:0. 13. Matters from City Attorney Member Absalom explained that his primary residence will remain in Boulder through the end of his term. 14. Matters from the Licensing Clerk a. Neighborhood boundary setting for applications for April 19, 2023, BLA hearing: i. Safeway Stores 46 Inc d/b/a Safeway Store 2911 for a Permanent Modification of a Fermented Malt Beverage & Wine Retailer Off-Premise type liquor license application at 2798 Arapahoe Ave, Boulder, CO 80302. BLA 10/18/2023 Minutes Page 6 of 7 Member Califano moved, Member Absalom seconded to set the boundaries for this application as follows: North: Pearl Street. South: Colorado. East: Foothills Parkway. West: 17th Street. ii. Safeway Stores 46 Inc d/b/a Safeway Store 2919 for a Permanent Modification of a Fermented Malt Beverage & Wine Retailer Off-Premise type liquor license application at 4800 Baseline Road, Boulder, CO 80303. Member Califano moved, Member Roberts seconded to set the boundaries for this application as follows: North: Arapahoe. South: South Boulder Rd. East: City Limits. West: 30th St Extended. iii. The Med Restaurant Group LLC d/b/a The Mediterranean for a New Hotel- Restaurant type liquor license application at 1001 Walnut St, Ste 101B, Boulder, CO 80302 Member Califano moved, Member Absalom seconded to set the boundaries for this application as follows: North: Maxwell Extended. South: Marine St. East: 20th St. West: 4th St. b. Expected Administrative Processing of Liquor License Transfer Applications: None for September c. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room: None for September d. Processing of special event liquor permits & temporary modifications not related to the Outdoor Dining Program: i. Special Event Liquor Permits list e. Informational items i. Liquor License Renewals Sent List Licensing Manager Kristen Changaris asked the Board if they believed they would be available for the November and December meetings as they are close to the Holidays and notified the Board that Board Recruitment will begin on December 18th. 15. Matters from the Chair and Members of the Authority BLA 10/18/2023 Minutes Page 7 of 7 Member Absalom recognized Chair Califano for his diligence and efficiency as Chair. ADJOURNMENT Member Absalom moved, Member Califano seconded that this hearing should be adjourned, and thus, the hearing was adjourned at 5:38 PM. Motion to adjourn approved 3:0. Attested: Approved: _________________________________ ___________________________________ Kristen Changaris, Licensing Manager Chair of Beverage Licensing Authority And Secretary to the Authority