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Minutes - Beverage Licensing - February 18, 2009 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY ***MINUTES*** WEDNESDAY, FEBRUARY 18, 2009,1:00 P.M. BOULDER CITY COUNCIL CHAMBERS MUNICIPAL BUILDING - 2nd FLOOR 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: February 18, 2009 NAME/TELEPHONE OF PERSON PREPARING SUMMARY: Mishawn J. Cook -Deputy City Clerk (303-441-3010) NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Cam Mazshall, David Cheval, Tim McMurray, Lisa Spalding and Steve Wallace. Staff Present: Sandra Llanes, Assistant City Attorney, and Mishawn J. Cook, Deputy City Clerk. QUASI-JUDICIAL MEETING OUTLINE OF AGENDA 1. Roll Call, Approval of Minutes from January 21, 2009, and Approval of Hearing Conductor Assignments. Roll Call was taken. All Authority members were present, thus a five member quorum was present. Members Spalding and Wallace provided Mishawn Cook with some changes to the January 215 minutes, which Ms. Cook stated she would incorporate. Member Wallace moved, seconded by Cheval, to approve the BLA January 21, 2009 hearing minutes as amended. Motion approved 4:0, with Member McMurray abstaining, due to his absence at the January BLA heazing. Chair Mazshall requested public comment on all hearing conductor assignments, but none was provided. Member Spalding moved, seconded by McMurray, to accept hearing conductor assignments as listed on the agenda. Motion approved 5:0. 2. Matters from the Boulder Police Department (BPD). 02/18/09 BLA Final Minutes Page 1 of 7 Officer Heather Frey stated she hosted a promoting responsible hospitality class on January 27, 2009, which had a total of 10 attendees from B. Baker Street, Cantina Lazedo, Harpos, Nitro Club and Sunrise Deli. Member Wallace asked if there was an upcoming training for door staff and security personnel. Officer Frey responded that the previous training was done by an officer from San Diego, which was hosted by RHG and paid for by BPD through a grant received from the Responsible Hospitality Institute, but that the trainer was no longer working with the SDPD and therefore she did not anticipate any future training. Member McMurray asked how frequently the owner/manager training would be done. Officer Frey said initially the BPD planned on holding it quarterly, but since they only had 10 participants with 25 openings, they did not know how many more they would hold or how frequently. 3. Matters from the Responsible Hospitality Group (1ZHG). Mark Karpowich, on behalf of RHG, stated that Sgt. Matthews, now with Pazking Services, took information from the training presented by the San Diego trainer mentioned under agenda item 2, to develop the class that Officer Frey now conducts for owners/managers. Mr. Karpowich introduced the new RHG Chair, Robbie Wright, GM of Cantina Laredo, Treasurer Chris Emma, from Liquor Mart, and Secretary Brian Karp, GM of Fox Theater. Mr. Karpowich stated that both Sunrise Deli and The Blending Cellar are members of the RHG and attended the last RHG meeting. Member McMurray asked Mr. Kazpowich if the RHG had heard about one of the rule changes being proposed, which was to change the training requirement from six months to three months. Mr. Karpowich stated that Ms. Cook spoke about the rule changes at the last RHG meeting and suggested the members come to the BLA hearing to speak individually on the issue. Mr. Karpowich stated that there was concern about the cost of training new employees and the possibility of them leaving. Ms. Cook provided the Authority with agenda item 3, exhibit 1, as to a proposed 3.2% beer law change discussion which would take place at the next RHG meeting on Febrnazy 19`h 4. Public Hearing and Consideration for BLA Rulemaking on the following: Ms. Cook noted on the record that the only written comment she received on any of the proposed rule changes was an email from Barbra Huntting, a co-owner of Abo's Pizza on the Hill, which Ms. Cook provided to the BLA in their heazing packet. • BLA Rule Section 3-3, Plans and Saecifications regarding new requirements to add parking on licensing and planning review diagrams; Ms. Cook stated that her office pushed back application filing deadline by a week, for the purpose of giving the Planning Department additional time to review the applicant's 02/18/09 BLA Final Minutes Page 2 of 7 license application, diagram, and prior zoning conditions. Member Spalding asked if Licensing could attach a copy of the city application to the Planning coversheet. Ms. Cook stated that she is already doing it, because it allows Planning to see additional information. Ms. Llanes requested the addition of a line just before the applicant's signature which says, "I sweaz and affirm that the above information is true and correct." • BLA Rule Section 3-6, Trainin¢ Requirements to add that BPD LESS class and other state classes are valid fora 3 year term from date of training as earlier decided by BLA, and to reduce allowed time period to train servers from 6 months to 3 months from date of opening or employee hire date; Ms. Llanes stated that the rule change was based on input received from the boazd. Member Spalding proposed changing the wording to, "will attend any seller/server training classes approved by the director." Chair Marshall requested that it be made cleaz we are sun-setting the BPD LESS class. Mr. Karpowich stated he did not think the solution to the problem was to change the time period from six to three months and that changing it may create an undue financial hardship on business owners. Jon Balliet, TIPS instructor and buyer consultant for North Boulder Liquor, believes an impact could be made by making it a requirement that servers to be trained before being hired. Robbie Wright, GM of Cantina Laredo, stated that his establishment changed their policy to require prospective employees be pre- certified before coming to work. Chair Marshall stated that the BLA was unable to make training a prerequisite; it would have to come from the state. Member McMurray suggested that, with each renewal application, licensees' complete a form that contains a summary of employees with their hire date and date when trained and that each licensee should also submit proof of the training. The BLA discussed the possibility of implementing a mandatory penalty if a licensee states on their renewal application that all necessary employees are trained and aze later brought before the Authority for a show cause and found not to have properly trained employees. Member Spalding suggested that the RHG approach the City Council and ask that the city lobby the state to change the law on training. The BLA decided not to change the training period from six months to three months, for now. Ms. Cook concluded that she will begin inserting a summary sheet with all future renewal applications, requesting that the form be completed and proof of training be returned with each liquor license renewal application. • BLA Rule Subsection 4-2-3 Restricted to Approve Neighborhood Bounden' to add that only door to door petition results (a.k.a. no counter petitions) will be considered; Member McMurray inquired as to whether or not to ask for proof of age when conducting petitions. The Authority chose not to make additional changes to petitioning, but they determined that the door to door requirement would be included. 02/18/09 BLA Final Minutes Page 3 of 7 • BLA Rule Subsection 8-1-1, Timely Application Required to add that complete renewals that are mailed and postmarked before the 45 day deadline will be considered timely, and that complete renewals that are hand delivered on the next business day when the 45 day deadline falls on a weekend day or a city holiday will also be considered timely filed. Chair Marshall also suggested that if a renewal is postmarked on the next business day, following a holiday or weekend day deadline, that the renewal be considered timely filed. The Authority also agreed with the other interpretations of timely filing. • BLA Rule Chapter 9, Special Permits to add new Art Gallery Permits as possible new Section 9-3; This is a new permit approved by the State Legislature and valid as of July 1, 2008, which the Authority agreed should now be included in their Rules. • BLA Rule Subsection 10-2-3, Show Cause Hearin¢s to change text in item (D) that suspension dates generally will not be subject to change, and to add that suspension dates for violations will be served within the next 30 days after hearing, will be served on consecutive days, and will be served on days when the licensee would otherwise be open for business. The Authority agreed with the above listed changes to the Rules. • BLA Supplemental Rules reeardin¢ Public Hearine Scripts to add new text for BLA's use for Bed and Breakfast, Art Gallery, and Special Event Liquor Permits. The Authority discussed and agreed to the inclusion of these three hearing scripts. Member Wallace moved, seconded by McMurray, to approve the proposed changes to the BLA Rules of Procedure as above discussed. Motion approved 5:0. 5. Public Hearing and Continued Consideration of a November 24, 2008 application from sunrise deli LLC d/b/a Sunrise Liquor, 900 28th Street, Boulder, CO; Thomas R. Kalinski, LLC Member, Neil A. Kalinski, LLC Member, and Gary Johnson, proposed Registered Manager, with a premise business mailing address for a new Retail Liquor Store type liquor license. Member Wallace recused himself. Member McMurray confirmed that he reviewed the tape from the January meeting and was prepared to participate in this continued hearing. Chair Marshall was the designated hearing conductor. Vince Linden, Esq. appeared as licensee's attorney and waived hearing procedures reading. Thomas Kalinski, LLC Member, Neil Kalinski, LLC Member, Gary Johnson, proposed registered manager, Russell Lester, property manager, and Max Scott of Oedipus, were all sworn in and each provided testimony about this application. Thomas Kalinski confirmed under oath the premise 02/18/09 BLA Final Minutes Page 4 of 7 posting for the required 10-day period. No other ex-parte communications or conflicts of interest were disclosed by Authority members. No third parties requested interested party status. Ms. Cook indicated that she had marked a letter in support of approval as agenda item 5, exhibit 1 and traffic count information from Mr. Scott as agenda item 5, exhibit 2. Ms. Cook also noted on the record that she had provided the applicant and the Authority with an addendum to her preliminary findings with attachments pertaining to the request for undue concentration information and she reviewed these attachments. Ms. Cook also noted that there are six retail liquor stores within the neighborhood boundaries that were measured for distance from the proposed establishment and Ms. Cook indicated that 3 were measured using GPS distance feature and 3 were physically measured by Ms. Cook and her assistant. Mr. Linden stated his objection to the inclusion of three liquor stores on the south side of Baseline in this list of retail liquor stores in the designated Neighborhood. Sandra Llanes reminded the Authority what was necessary as to local law enforcement resources and density for a finding of undue concentration according to the statute. Member McMurray inquired about liquor storage. Mr. Lester responded that liquor will be truck to shelf and in the beginning they do not plan to store alcohol, but if sales warrant, they may obtain approval from the state for a licensed offsite storage azea. McMurray asked if there was seating in the market, to which Thomas Kalinski responded no, but that there is seating outside in the courtyard. McMurray asked what provisions would be made to keep people from purchasing a sandwich and a beer, then sitting at the tables outside to consume, and Mr. Johnson responded that it was a very well lit area and that the cashiers can see the tables from their registers. Mr. Johnson also stated that they plan to post signs. Mr. Lester stated that the items that the adjacent convenience store sells are mainly grab and go, not necessarily the type you would sit down on a park bench to consume, that the store hours of operation at the liquor store will be 10 a.m. to midnight, and that the market won't be open when the liquor store is closed. Max Scott provided testimony on the supplemental survey his company conducted and traffic count information for 28`h Street. Chair Marshall asked the connection between the traffic count and the application and Mr. Linden replied that it is one of the legal factors the case law says you can look at in determining the need for the liquor license. The Authority then closed the public hearing and began their deliberations focusing on undue concentration. The Applicant then requested that the Authority reopen their deliberations for a public comment. Chair Marshall moved, seconded by Cheval, to reopen public comment. Graham Markley provided public comment in favor of approval stating that he lived across the street from the proposed store and that it would add convenience to purchasing liquor without the need to drive. Mr. Markley also stated that he did not feel the approval would increase underage drinking. Member Spalding voiced her opposition to granting a retail liquor store license to the applicant because of undue concentration in this Neighborhood. Member McMurray moved, seconded by Cheval, to approve the application for a new Retail Liquor Store type liquor license. Motion approved 3:1, with Member Spalding opposed and Wallace recused. 02/18/09 BLA Final Minutes Page 5 of 7 6. Public Hearing and Consideration of a December 9, 2008 application from The Blending Cellar LLC d/b/a The Blending Cellar, 946 Pearl Street, Boulder, CO; Jeff McEachern, Owner and Manager, and Leah McEachern, Owner, with a premise business mailing address for a new Beer and Wine type liquor license. Member McMurray was the designated hearing conductor. Jeff McEachern, owner and manager, was sworn in, confirmed under oath the premise posting for the required 10-day period, and provided testimony about this application. Hearing procedures were read. 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. Member Spalding asked if the applicant obtained the occupancy load from the fire department. Mr. McEachern replied that he had worked with the Planning Department, but didn't need approval from the Fire Department because the seating area is under 750 sq. ft. Mr. McEachern also stated that he doesn't anticipate seating over 40 people at a time in his establishment. Chair Marshall moved, seconded by Member Wallace, to approve this application for a new Beer and Wine type liquor license. Motion approved 5:0. 7. Matters from the Licensing Clerk: A) Nei¢hborhood Boundaries for BLA March 18, 2009 Hearin: i) Larkburger -New Beer & Wine License - 2525 Arapahoe Avenue, Unit H006, Boulder, CO 80302 The Authority discussed the following boundaries: Pearl Street on the North, Colorado Avenue on the South, 17`h Street on the West, and 33rd Street on the East. Chair Marshall moved, seconded by Member Wallace, to set the neighborhood boundaries as above listed for this application. Motion approved 5:0. ii) The Rib House- New Hotel-Restaurant License- 1801 13`h Street, Suite 180, Boulder, CO 80302 The Authority discussed the following boundaries: Alpine Avenue on the North, University Extended on the South, Boulder City Limits on the West, and Folsom Street on the East. Member Wallace moved, seconded by McMurray, to set the neighborhood boundaries as above listed for this application. Motion approved 5:0. iii) Gindi Cafe- New Hotel-Restaurant License- 3601 Arapahoe Avenue, Unit 181, Boulder, CO 80303 The Authority discussed the following boundaries: Valmont Road on the North, Colorado Avenue on the South, 28"' Street on the West, and SSs' Street on the East. Member McMurray moved, seconded by Wallace, to set the neighborhood boundaries as above listed for this application. Motion approved 5:0. B) Information Items: 02/18/09 BLA Final Minutes Page 6 of 7 i) February Special Events and Temporary Modifications for 2009 ii) Golden Lotus Training Evidence iii) BLA members Eco-pass distribution emails Ms. Cook noted that the February special events list is in the Authority's hearing packet and that BLA member emails about eco-passes are included in the packet for publication to the public. Ms. Cook also stated that she spoke with the Golden Lotus owner's son on February 11`h regarding the evidence of employee training which was to be provided by Februazy 11, 2009 as directed by the Authority at the show cause heazing on December 17, 2008. The owner's son told her that all employees had been trained, but he had not yet received their TIPS cards. Ms. Cook replied that the TIPS trainer could send her an email about the training, but she did not receive anything, and as such she placed them on anon-administrative renewal. 8. Matters from the Assistant City Attorney No matters were discussed. 9. Matters from the Chair and Members of the Authority A) Debriefing from this hearing No matters were discussed. B) Other matters from the Chair and Members Chair Marshall advised that he will not be in attendance at neat month's hearing (which was to be his last), due to a scheduling conflict, but everyone in attendance thanked Chair Marshall for his service on the Beverage Licensing Authority. ADJOURNMENT The Authority uniformly affirmed that the hearing should be adjourned, thus it was adjourned at 3:47 p.m. TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS 1:00 PM - 3rd Wednesday of Every Month in City Council Chambers for year of 2009 Attested: Approved: / - c4~-tom Mishawn J. Cook, Deputy City Clerk V;ce- atr 02/18/09 BLA Final Minutes Page 7 of 7