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HomeMy WebLinkAboutMinutes - Beverage Licensing - March 19, 2008CITY OF BOULDER BEVERAGE LICENSING AUTHORITY ***MINUTES*** WEDNESDAY, MARCH 19, 2008,1:00 P.M. BOULDER CITY COUNCIL CHAMBERS MUNICIPAL BUILDING - 2"d FLOOR 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD/COMMISSION: Beverage Licensing Authority DATE OF MEETING: NAME/TELEPHONE OF PERSON PREPARING SUMMARY: Mazch 19, 2008 Mishawn J. Cook -Licensing Clerk (303-441-3010) NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Peter Gowen, Cam Marshall, Lisa Spalding, and Steve Wallace. Staff Present: Sandra Llanes, Assistant City Attorney, and Mishawn J. Cook, Licensing Clerk. QUASI-NDICIAL MEETING OUTLINE OF AGENDA i. Roll Call of Beverage Licensing Authority (BLA) Members Roll call was taken. Four Authority members were present, with Member McMurray being absent, thus there was a quorum of 4. Approval of Minutes -February 20, 2008 Mishawn Cook noted that Member Spalding had provided her with several changes to the text of the draft minutes for agenda item 8 on pages 4 and 5 and Ms. Cook indicated that those changes would be incorporated. Member Wallace moved, seconded by Spalding, to approve the BLA February 20, 2008 minutes as amended. Motion approved 4:0. Approval of Hearing Conductor Assignments for this hearing Chair Gowen noted that, since Member McMurray was absent, McMurray's assignments would revert to Gowen as BLA chair. Chair Gowen then requested public comment on hearing conductor assignments, but none was provided. Member Marshall moved, seconded 3/19/08 BLA Final Minutes Page 1 of 9 by Wallace, to approve hearing conductor assignments listed on today's agenda and as herein described. Motion approved 4:0. 2. Matters from the Boulder Police Department (BPD). Mishawn Cook noted for the Authority that she had received an email from Officer Heather Frey with the BPD indicating that she would not be present at this hearing, but Ms. Cook noted that same email referred to the BPD on-going work with the current youth alcohol enforcement gant. Ms. Cook advised that Officer Frey's email would be accepted as agenda item 2, exhibit 1 and that the Authority could pose any related questions on this grant to Officer Frey at the BLA April 16, 2008 hearing when she returned. 3. Matters from the Responsible Hospitality Group (RHG). Mishawn Cook noted for the Authority that she had provided them with two items which would be accepted as agenda item 3, exhibits 1 and 2, which were respectively an updated RHG member list and the minutes from the last RHG meeting. Mark Karpowich, RHG Chair, appeared before the BLA and he stated that the RHG had just finished their first quarter of 2008 meetings at the Boulder Chophouse and that next quarter's RHG meetings would be held at the Walnut Brewery. Mr. Karpowich expressed his appreciation to both of these licensees for hosting the RHG meetings. Mr. Karpowich also advised that he has recently been in frequent contact with Allison Hamden from the Responsible Hospitality Institute over the last several weeks for the purpose of helping Morgantown, West Virginia because that community is trying to start an organization similar to RHG. Mr. Karpowich also advised that the RHG is continuing to try to increase their membership. 4. Show Cause Hearing concerning a December 20, 200'7 violation and whether the Retail Liquor Store type liquor license held by Buffalo Spirits Liquor, LLC d/b/a Red's Liquor, 4481 N. Broadway, should be suspended or revoked. Member Spalding was designated hearing conductor. Mishawn Cook advised the Authority that they had been provided with a licensee financial document which would be accepted as agenda item 4, exhibit 1. Bob Keatley, BPD Prosecutor, advised that a stipulation had been reached. Charles Martien, Esq. appeared as licensee's attorney. No ex-parte communications or conflicts of interest were disclosed by Authority members. Mark Bickler, LLC licensee's owner and manager, was sworn in and testified about mitigation. Mr. Martien waived the hearing procedures reading and he confirmed that a stipulation to the facts had been reached. Chair Gowen moved, seconded by Marshall, to accept the stipulation for this violation. Motion approved 4:0. Mr. Martien stated that the violating employee recalled that the BPD undercover underage person had prior used a fake ID to purchase alcohol at this store. Mr. Keatley offered to make available to testify the undercover underage person who was in the audience to refute this allegation. However, Chair Gowen stated that a stipulation had been reached, and as such, the violation was a settled point. No third parties requested interested party status and no public comment was given. The Authority did note some mitigation in the form of employee training, but the Authority also noted aggravating factors, including the short time that the licensee has been in 3/19/08 BLA Final Minutes Page 2 of 9 operation and failure they felt by the licensee to take responsibility for this violation. Mr. Martien requested to pay a fine in lieu of serving suspension days. Member Wallace moved, seconded by Gowen, to set the penalty for this violation at 3 suspension days served with 6 days held in abeyance for 1 yeaz. Motion approved 4:0. Member Mazshall moved, seconded by Gowen, to accept a fine in lieu for 1 suspension day served. The fine in lieu motion was voted in favor of by Gowen and Mazshall, and voted against by Spalding and Wallace, thus there was not a majority of 3 members to approve the fine in lieu of 1 day served. Mr. Martien requested that his client be allowed to serve the 3 suspension days on Mazch 24 to March 26. Member Marshall moved, seconded by Gowen, to accept the requested dates for 3 day suspension to be served from March 24, 2008 to Mazch 26, 2008. Motion approved 4:0. Member Spalding said a thank you for the undercover underage person's presence at this hearing and her assistance to the Boulder Police in compliance check operations. 5. Public Hearing and Consideration to determine if there is good cause for anon- renewal of a January 4, 2008 License Renewal Application from Burnt Toast Restaurant LLC d/b/a Burnt Toast Restaurant, 1235 Pennsylvania Avenue; Kerry (Buddy) Kring, OwnerlManager, and Ellen Dale, Member, both with a premise business mailing address, for aHotel-Restaurant type liquor license. Member Wallace was designated hearing conductor. Kerry (Buddy) Kring, LLC licensee co- owner, was sworn in, testified about this license renewal, and confirmed under oath premise posting for the required 10 day period. Hearing procedures were read to the licensee. Mishawn Cook noted that this licensee was present due to a late filed renewal and noted for the Authority that the licensee had provided an employee training summary list with certificates of completion which would be accepted as agenda item 5, exhibit 1. No ex-parte communications or conflicts of interest were disclosed by Authority members. No third parties requested interested party status and no public comment was given. Chair Gowen moved, seconded by Wallace, to approve this renewal. Member Mazshall noted that this was the 2"d year in a row that licensee appeared for a late filed renewal, and he also noted that licensee has had 2 violations in just over 2 years. The Authority members uniformly expressed their grave concern with licensee's operation if the licensee again required a renewal hearing next year. As a motion was still at issue, Chair Gowen reiterated his motion, seconded by Wallace, to approve this hotel-restaurant liquor license renewal. Motion was then approved 4:0. 6. Public Hearing and Consideration to determine if there is good cause for anon- renewal of a January 14, 2008 Non-administrative License Renewal Application from Do Sook Kim d/b/a Williams Village Liquors, 655 30`~ Street; Do Sook Kim, Owner/Manager with a premise business mailing address, for a Retail Liquor Store type liquor license. Chair Gowen was designated hearing conductor. J.Y. Kang, Esq. appeared as licensee's attorney. Do Sook Kim, licensee owner, was sworn in, testified about this renewal, and confirmed premise posting for the required 10 day period. Mr. Kang waived hearing procedures reading on behalf of his client. No ex-parte communications or conflicts of interest were disclosed by Authority members. Mishawn Cook noted that the licensee has paid for the entire year of 2008 for occupation tax, so she is paid ahead. Ms. Cook also 3!19/08 BLA Final Minutes Page 3 of 9 noted that Officer Heather Frey with BPD had provided an email that was included in the BLA packet which stated, among other steps taken in cooperation with licensee, that Officer Dick Reznik with BPD is mentoring this licensee with state law translation into Korean to assist them with continued legal compliance. No third parties requested interested party status and no public comment was given. Member Marshall moved, seconded by Gowen, to approve this retail liquor store liquor license application, and he expressed the Authority's appreciation to the BPD, especially Officer Dick Reznik, for their assistance provided to this licensee. Motion approved 4:0. Member Marshall moved, seconded by Wallace, to continue the non-administrative renewal on this license for next yeaz. Motion approved 4:0. 7. Public Hearing and Consideration to determine if there is good cause for anon- renewal of a January 15, 2008 License Renewal Application from Sol Azteca, LLC d/b/a Sol Azteca, 3390 28`h Street; Jose Guitron, Owner, and Hector Guitron, Registered Manager, both with a premise business mailing address, for aHotel- Restaurant type liquor license. Member Mazshall was designated hearing conductor. Adam Stapen, Esq. with Dill and Dill law firm appeared as licensee's attorney. Jose Guitron, LLC licensee owner, was sworn in, testified concerning this renewal, and confirmed under oath premise posting for the required 10 day period. Mishawn Cook clarified for the Authority that, in contrast to the public notice, Jose Guitron will act as the interim registered manager until a new manager is hired. Ms. Cook further stated that this renewal was at hearing only due to a late filing, because other tax issues had been brought current prior to this hearing. Mr. Stapen waived the hearing procedures reading. No ex-parte communications or conflicts of interest were disclosed by Authority members. Mr. Stapen advised that Jose Guitron had recently bought his brother Hector out of the business and Mr. Guitron expected to hire Beatrice Carrillo as registered manager very soon. No third parties requested interested party status and no public comment was made. Chair Gowen moved, seconded by Wallace, to approve this hotel-restaurant license renewal application. Motion approved 4:0. 8. Public Hearing and Consideration of a January 24, 2008 application from CRO Development GP, L.L.C. d/b/a Cantina Laredo, 1680 29`" Street, Boulder, CO, Consolidated Restaurant Companies, Inc., Sole Member, with a corporate business mailing address of 12200 Stemmons Freeway, Suite 100, Dallas, TX, for a New Hotel- Restaurant type liquor license. In Member McMurray's absence, Chair Gowen acted as designated hearing conductor. Robbie Wright, restaurant's registered manager, was sworn in, testified about this new license application, and confirmed under oath premise posting for the required 10 day period. Hearing procedures were read to this licensee. Member Steve Wallace disclosed that he had discussed this new restaurant with the restaurant's owner. However, Wallace stated that he felt he could impartially deliberate on this application. No other ex-parte communications or conflicts of interest were disclosed by Authority members. Max Scott with Oedipus, Inc. was sworn in, confirmed continual posting for the premise, and Mr. Scott testified concerning the Neighborhood petition results for this application. Mr. Scott also brought to the Authority's attention documents, which would be accepted as agenda item 8, exhibit 1, containing an affidavit confirming posting and 3 letters from businesses in favor 3/19/08 BLA Final Minutes Page 4 of 9 of the approval of this license. No third parties requested interested party status. No public comment was given in this matter. Member Wallace moved, seconded by Spalding, to approve this new hotel-restaurant liquor license application. Motion approved 4:0. 9. Public Hearing and Consideration of a January 25, 2008 application from Inner Sanctum, LLC d/b/a Inner Sanctum, 2041 Broadway, Boulder, CO, Mark Ehrlich, President/Registered Manager, with a premise business mailing address, for a New Tavern type liquor license. Member Spalding was the designated hearing conductor. Zach Noffsinger, Esq. appeared on behalf of the LLC applicant. Mishawn Cook noted for the Authority that she anticipated that Mr. Noffsinger would request a continuance to April l6`h. Mr. Noffsinger clarified that his client wished to request a continuance of this matter because his client maybe seeking additional investment in this new establishment, and as such, additional time would be required to amend this license application to add new owners. Ms. Cook asked Sandra Llanes if such an amendment might constitute a material change such that the application would have to be re-filed as a new application. Ms. Llanes replied that she would need to research this legal question to advise Ms. Cook and the Authority. Chair Gowen directed that the Authority should designate next month's hearing as the date that this matter was continued until, then based on Ms. Llanes research, the Authority could additionally continue it if required by state law. Member Wallace then moved, seconded by Marshall, to allow this hearing to be continued until BLA April 16, 2008 hearing. Motion approved 4:0. 10. Public Hearing and Consideration of a January 28, 2008 application from OSL Corp d/b/a Siamese Plate, 1575 Folsom Street, Boulder, CO, Opas (Lee) Sinprasong, President, 1504 Lodge Court, Boulder, CO, for a Change in Class from aHotel- Restaurant to a Beer and Wine type liquor license. Member Wallace was the designated hearing conductor. Adele Reester, Esq. appeared as the licensee's attorney. Opas (Lee) Sinprasong, licensee owner, was sworn in, testified on this change in license class application, and Mr. Sinprasong confirmed under oath premise posting for the required 10 day period. Ms. Reester waived heating procedures reading. Chair Peter Gowen disclosed that he had been employed in the past as an attorney at Bernard, Gaddis, Lyons, and Kahn where Ms. Reester is employed, but Mr. Gowen stated that he felt he could remain impartial in the deliberations. No other ex-parte communications or conflicts of interest were disclosed by Authority members. Jenny Pfeiffer, who is an employee of Mr. Sinprasong and who conducted the petition, was sworn in and testified concerning the Neighborhood petition results. Ms. Pfeiffer clarified that, despite the heading on the individual petition pages, approximately 80% of the neighbors who were approached to sign the petition were verbally told that this was for a beer and wine type license. No third parties requested interested party status and no public comment was made. Member Marshall moved, seconded by Gowen, to approve this change in class from ahotel-restaurant license to a new beer and wine liquor license. Motion approved 4:0. 11. Public Hearing and Consideration of a January 28, 2008 application from PSL Corp d/b/a Siamese Plate on the Go, 3033 28`h Street, Boulder, CO, Opas (Lee) Sinprasong, President, and Ladda Sinprasong, Vice President, both of 1504 Lodge Court, Boulder, 3/19/08 BLA Final Minutes Page 5 of 9 CO, for a Change in Class from aHotel-Restaurant to a Beer and Wine type liquor license. Chair Gowen was the designated hearing conductor. Adele Reester, Esq. appeared as the licensee's attorney. Opas (Lee) Sinprasong, licensee's co-owner, remained sworn for this matter, testified about this change in license class application, and Mr. Sinprasong confirmed under oath premise posting for the required 10 day period. Ms. Reester waived hearing procedures reading. Chair Gowen had disclosed prior employment in agenda item 10, but no other ex-parte communications or conflicts of interest were disclosed by Authority members. Chair Gowen asked Ms. Reester if she wished, to the extent that such testimony and evidence was also applicable to this agenda item, to have the testimony and evidence for agenda item 10 also incorporated into the hearing record for this matter. Ms. Reester asked that such testimony and evidence from Mr. Sinprasong be incorporated in full and she asked that Jenny Pfeiffer's prior testimony be included as to her petition methodology, but that Ms. Pfeiffer further testify concerning the specific Neighborhood petition results for this location. Jenny Pfeiffer then was informed that she remained sworn and Ms. Pfeiffer testified concerning the needs and desires petition results for this location. No third parties requested interested party status. No public comment was made in this matter. Member Marshall moved, seconded by Spalding, to approve this change in class from ahotel-restaurant license to a new beer and wine liquor license. Motion approved 4:0. 12. Public Hearing and Consideration of a January 28, 2008 application from Elixir Lounge, LLC d/b/a Elixir Lounge, 1915 Broadway, Boulder, CO, William Coleman, LLC Co-owner, and Rob Armijo, LLC Co-owner, both with a business mailing address of 455 Sherman Street, Suite 480, Denver, CO, for a Transfer of Ownership of a Tavern type liquor license. Mishawn Cook read this agenda item into the record. Ms. Cook then explained that this licensee did not timely pick up their hearing poster, and as such, she knew that they did not properly post the premises for the required 10 day period so she has informed this applicant that their matter is administratively continued until the BLA April 16, 2008 hearing. 13. Public Hearing and Consideration of a January 29, 2008 application from Johnny's Cigars, Inc. d/b/a Johnny's Cigars, 1801 13`h Street, Unit 110, Boulder, CO, John A. Welsh, President, with a business mailing address of 3175 17`h Street, Boulder, CO, for a Permanent Modification to a Tavern type liquor license. In Member McMurray's absence, Chair Gowen acted as the designated hearing conductor. John Welsh, corporate licensee owner, was sworn in, testified about this modification, and confirmed under oath premise posting for the required 10 day period. Hearing procedures were read to the licensee. No ex-parte communications or conflicts of interest were disclosed by Authority members. Mishawn Cook stated to Mr. Welsh that, if the proposed expansion of the patio was approved, despite the fact that the railings might be removed in wintertime due to non-use, the licensee continued to be responsible for this space as it remains part of the licensed premises. No third parties requested interested party status and no public comment was made. Member Wallace moved, seconded by Marshall, to approve this tavern liquor license modification application. Motion approved 4:0. 3/19/08 BLA Final Minutes Page 6 of 9 14. Matters from the Licensing Clerk As this was Chair Gowen's last BLA hearing, Mishawn Cook gave Peter Gowen a thank you gift and card in recognition of his last 5 years as an Authority member. A) Neighborhood Boundaries for BLA April 16, 2008 hearing: i) Gurkas Restaurant-New Beer & Wine License- 6565 Gunpark Drive, Unit 190 The Authority discussed the boundaries for this application as follows: Diagonal Highway on the North, City Limits on South, Diagonal Highway on the West, and City Limits on the East. Member Marshall moved, seconded by Wallace, to designate the Neighborhood boundaries for this new license application as above listed. Motion approved 4:0. ii) 4580 Restaurant- Hotel-Restaurant Modification- 4580 N. Broadway, Unit D-1 Mishawn Cook noted that the originally designated boundaries for this location are as follows: City Limits to Highway 36 on the North, Norwood Extended on the South, City Limits on the West, and US 36 (28`h Street Bypass) on the East. Member Wallace moved, seconded by Spalding, to reiterate the Neighborhood boundaries as indicated above for this modification application. Motion approved 4:0. B) Information Items: i) Penalty Schedule updated per BLA 2!20108 public hearing. ii) BLA applications for appointment by city council. iii) March Special Events and Temporary Modifications for 2008 iv) Boulder Police's Chief Mark Beckner Memo to Council Mishawn Cook noted for the Authority that she had included in the hearing packet a copy of the penalty guidelines as amended by the Authority at their February 20, 2008 hearing as to the number of suspension days for conduct of establishment violations. Member Mazshall indicated that the amended form maybe incorrect from his review. Ms. Cook stated that she would obtain the applicable agenda item from the February 20, 2008 hearing packet. The Authority reviewed this prior marked exhibit and they determined that a typo had occurred deviating from their motion. Ms. Cook then printed a copy of the penalty guidelines, requested that Chair Gowen list the typo to be corrected, and Ms. Cook marked same copy as agenda item 14, exhibit 1. Member Mazshall moved, seconded by Wallace, to correct a typo on the penalty guidelines for conduct of establishment violations for 1 count, all other licenses, days in abeyance column listing "5" days which by this motion will be changed to read "6" days as originally discussed and intended by the Authority as publicly noticed and amended at the February 20, 2008 hearing last month. Motion approved 4:0. Ms. Cook advised the Authority that the BLA candidate applications sent to the city council are included in their hearing packet. Ms. Cook also informed the Authority members that the newly appointed member was David Cheval was in attendance earlier at this hearing, and that Mr. Cheval would attend the April 16a' hearing as a member, at which time election for the Authority Chair and Vice-Chair would occur. Chair Gowen offered to meet with Mr. 3/19/08 BLA Final Minutes Page 7 of 9 Cheval if he had questions about being on the Authority, and Ms. Cook thanked Chair Gowen for the offer. Ms. Cook noted that she had included this month's special events and temporary modifications list. Ms. Cook also noted that she had included a memo from Chief Mark Beckner with BPD that was sent to city council. Member Spalding replied that she was aware that a group was consolidating information to further inform city council on this topic. Ms. Cook asked to be provided with a copy of the group's materials that she would then include in a later Authority hearing packet. Member Marshall asked if other Authority members wanted to discuss the Chief s memo, and the Authority members then had a brief discussion on changing the legal drinking age. 15. Matters from the Assistant City Attorney Sandra Llanes stated that she did not have any specific matters to report. Ms. Llanes noted from last month's hearing minutes that the Authority was updated on the Abo's Pizza matter last month, which was positive, by Ms. Erin O'Brien who filled in for her at last month's hearing. Ms. Llanes also thanked Peter Gowen for his assistance on the Authority. 16. Matters from the Chair and Members of the Authority A) Debriefmg from this hearing The Authority members discussed Chair Peter Gowen's suggested change to hearing procedure via implementation of designated hearing conductors. All Authority members felt this was a very positive change which encouraged each member to improve their ability to conduct hearings and which ensured that the remaining members would be well briefed in chairing hearings. Member Spalding raised the needs and desires requirements in state regulations as to modification applications, using the agenda 13, Johnny's Cigars change as an example. All Authority members and Sandra Llanes discussed past state legislature bills, Neighborhood needs and desires evidence for modifications, petitioner representations at the door, license hearing posting requirements, city of Boulder Planning department processes for licensed establishment modifications, and other municipalities' requirements that letters be mailed to all addresses within a certain distance from proposed licensed premises. B) Other matters from the Chair and Members The Authority members discussed attending a dinner for Peter Gowen in recognition of his service on the Authority. However, the Authority members determined that they would not attend the dinner the evening of the hearing, but instead, they would correspond by email to decide on a later date, time, and location. Chair Gowen commented that he has enjoyed his service on BLA, and he has appreciated the Authority member's ability to respectfully disagree, while still efficiently accomplishing completion of the matters in each hearing. ADJOURNMENT Chair Gowen moved, seconded by Wallace, to adjourn this hearing. Motion approved 4:0, thus this hearing was adjourned at 4:05 PM. 3/19/08 BLA Final Minutes Page 8 of 9 TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS 1:00 PM - 3'~ Wednesday of Every Month in City Council Chambers for year of 2008. Attest: 1--~ __._._.._T. ____-_._.___.._----` ~~ Mishawn J. Cook, Licensing Clerk Approved: Chair 3/19/08 BLA Final Minutes Page 9 of 9