Loading...
Minutes - Beverage Licensing - August 19, 2009 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * *MINUTES * * * WEDNESDAY, AUGUST 19,2009, 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: August 19, 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: Tim McMurray, David Cheval, Lisa Spalding, Steve Wallace and Dave Zessin. 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 June 17, 2009 and July 15, 2009, and Approval of Hearing Conductor Assignments. Roll Call was taken. All Authority members were present, thus a five member quorum was present. Member Wallace moved, seconded by Zessin, to approve the BLA June 17, 2009 hearing minutes. Motion approved 4:0, with Chair McMurray abstaining, since he was not present at the June hearing. Member Spalding provided Mishawn Cook with some changes to the July 15, 2009 minutes. Ms. Cook stated she would incorporate Ms. Spalding's changes and that she will add a sentence to the Conoco /Circle item indicating that the BLA placed this license on non- administrative renewal. Member Wallace moved, seconded by Cheval, to approve the BLA July 15, 2009 hearing minutes as amended. Motion approved 4:0, with Member Zessin abstaining, since he was not present at the July hearing. 8/19/09 BLA Final Minutes Page I of 8 Chair McMurray then requested public comment on the hearing conductor assignments for this hearing's agenda, but none was provided. Member Spalding moved, seconded by Cheval, to accept hearing conductor assignments as listed. Motion approved 5:0. 2. Matters from the Boulder Police Department (BPD). Officer Heather Frey reported on behalf of the BPD that herself, a Boulder Police Officer with the Hill team, Jane Curtis from CU, and two CU students from Student Emergency Medical Services- SEMS (who have been providing alcohol training to area high schools and during CU freshman orientation), all attended the Office of Juvenile Justice and Delinquencey Prevention Conference in Dallas, TX last week. Officer Frey provided information to the BLA about the 2009 enforcement grant application which is now completed. Officer Frey also provided the BLA with information on the proposed grant activities, including enforcement issues, overtime, liquor store surveillance, compliance checks, CU back to school and Halloween enforcement and fake ID use. Officer Frey reported that back to school operations will continue in full force for the next three weekends, stating that the BPD will have extra officers on the Hill, Pearl Street and in the Goss-Grove area. Officer Frey indicated that the BPD will be using some grant money for the CU/CSU game on September 6th. Last, Officer Frey stated that she had completed fourteen compliance checks on July 23 d with 100% compliance. Chair McMurray asked if there are going to be any bike patrols in the next couple of weeks, and Officer Frey replied that there will be some on the Hill and Mall. Officer Frey submitted four items which were accepted as agenda exhibits: i) Agenda 2, Exhibit 1, BPD Fake ID enforcement email, ii) Agenda 2, Exhibit 2, BPD Last Drink location data, iii) Agenda 2, Exhibit 3, Citations Last Drink Locations, and iv) Agenda 2, Exhibit 4, Minor In Possession Report. 3. Matters from the Responsible Hospitality Group (RHG). Robbie Wright, RHG Chair, reported that the last RHG meeting last month at Avery Brewing Company was very successful with 33 RHG members attending. Mr. Wright indicated that Chris Emma with RHG and Molly Winter with City of Boulder recently completed an outreach meeting at a new licensee, Terra on Pearl. Mr. Wright stated that RHG members will review at the next RHG meeting fake ID procedures and over-service issues in conjunction with CU back to school with Officer Heather Frey. Mr. Wright also reported that there will be guest speakers from Boulder County Health Department at the next RHG meeting. Mishawn Cook submitted a current RHG member list and an RHG meeting reminder email which was accepted as agenda item 3, exhibit 1. Member Spalding complemented RHG member, Rose Hill Wine and Spirits, for a new neon sign that they have added which states that they will confiscate fake IDs from minors. Mr. Wright stated that he would pass along 8/19/09 BLA Final Minutes Page 2 of 8 the compliment. 4. Second Public Hearing and Continued Consideration by Beverage Licensing Authority of May 20, 2009 discussion on Incentive, Regulation, Education, and Enforcement Options for Beverage Licensing presented to City Council at their April 14, 2009 Study Session. The Authority members suggested that, as there were no members of the public who wished to comment on this matter and there were so many licensees in attendance at the hearing for other agenda items, that this matter should be moved to the end of the agenda docket. There were no objections to this change. Member Wallace moved, seconded by Cheval to move this agenda item in the docket order after agenda item 12. After agenda item 12, the Authority returned to this agenda item. Mishawn Cook noted that in the Authority's prior discussion of this matter at their May 20, 2009 hearing, the Authority had not come to consensus on Objective 1: Incentives, Options C and D (these were new options suggested by Members Wallace and Spalding respectively), on Objective 2: Regulations, Options G, I, J, and K, and Objective 3: Education, Option C. Authority members had a wide ranging discussion. Chris Emma with the RHG provided comment related to Objective 2: Regulations, Option G- BLA Evening Meetings, indicating that the RHG members overall are not in favor of switching BLA hearing times to evenings. The Authority also discussed Objective 2: Regulations, Options D, E, and F related to the 500 foot waiver and CU campus. The Authority through their discussion provided City Council input by the majority of the members, and the BLA's input is added related to specific options on BLA Options Input Chart attached to these minutes as attachment 1. 5. Show Cause Hearing concerning a February 6, 2009 violation and whether the Hotel- Restaurant type liquor license held by Sol Azteca, LLC, d/b/a Sol Azteca, 3390 28th Street, Boulder, CO, should be suspended or revoked. Member Spalding was designated hearing conductor. Bob Keatley, BPD prosecutor, stated that a stipulation had been reached. Chair Tim McMurray recused himself and left the hearing at this time. Adam Stapen, Esq. with Dill and Dill law firm appeared as licensee's attorney, waived procedure reading, and confirmed the stipulation to the facts. Member Wallace moved, seconded by Cheval, to accept the stipulation. Motion approved 4:0. Mr. Stapen disclosed that this licensee had a previous violation in 2004 that was not listed by the Clerk's office. Jose Guitron, licensee owner, and Froylan H. Martinez, new registered manager, were both sworn in and provided testimony concerning this violation. Mr. Guitron submitted four employee's certificates of completion for BPD training which were accepted as agenda 5, exhibit 1. However, Mr. Guitron could not confirm complete employee server training. No third parties requested interested party status and no public comment was given. Sandra Llanes asked Mr. Stapen if this licensee received an amended notice of show cause indicating three violation counts and Mr. Stapen confirmed that his client's stipulation was to all three violation counts. Mr. Stapen requested that the Authority review the penalty 8/19/09 BLA Final Minutes Page 3 of 8 assessed for a recent similar violation by Playa Azul. Member Wallace moved, seconded by Zessin, to set the penalty for 1 count of sale to minor, 1 count of failure to serve food, and 1 count of conduct of establishment at 17 days served with 25 days to be held in abeyance. Motion approved 4:0. Mr. Guitron asked to serve the 17 suspension days from August 31 to September 16. Member Cheval moved, seconded by Zessin, to set the 17 days suspension from August 31 to September 16, 2009. Motion approved 4:0. 6. Show Cause Hearing concerning a May 28, 2009 violation and whether the Hotel- Restaurant type liquor license held by Baja in the Rockies, LLC, d/b/a Wahoo's Fish Tacos, 2790 Pearl Street, Suite A, Boulder, CO, should be suspended or revoked. Member Wallace was the designated hearing conductor. Bob Keatley, BPD prosecutor, reported that a stipulation to the facts had been reached, but that the licensee disputes the third paragraph of page 2 of BPD Affidavit indicating that the undercover operative had stated aloud that he was 17 years of age. Marcus Goodrich, licensee's registered manager, Carol Schauer, licensee's operations, and Melissa Klotz, licensee's district supervisor and corporate trainer, were all swom in and provided testimony about this violation. Ms. Schauer confirmed the stipulation to the facts and waived hearing procedures reading. No Authority members disclosed ex-parte communications or conflicts of interest. Member Cheval moved, seconded by Zessin, to accept the stipulation to the facts as above amended. Motion approved 5:0. The licensee provided the following exhibits: i) employee training summary with certificates of completion attached which was marked as agenda item 6, exhibit 1, ii) licensee's community contributions list which was marked as agenda item 6, exhibit 2, and iii) licensee's employee procedures for alcohol which was marked as agenda item 6, exhibit 3. No third parties requested interested party status and no public comment was given. Ms. Klotz indicated that she had completed Wahoo's internal training, but that not all employees had been TIPS trained. Member Wallace clarified for Ms. Klotz that state-approved training, which included TIPS, was a local condition for this license. The Authority members noted evidence of mitigation submitted but they also noted three prior violations in last five years. Chair McMurray moved, seconded by Cheval, to set the penalty for this violation at 9 days served with 5 days held in abeyance and a non-administrative renewal for 2010. Motion approved 5:0. Ms. Schauer requested to serve the suspension days from August 31 to September 8. Chair McMurray moved, seconded by Zessin, that the 9 suspension days should be served from August 31 to September 8, 2009. Motion approved 5:0. 7. Show Cause Hearing concerning a May 28, 2009 violation and whether the Hotel- Restaurant type liquor license held by Cart Inc., d/b/a Crepes a la Cart, 2018 Broadway, Boulder, CO, should be suspended or revoked. Member Zessin was designated hearing conductor. Bob Keatley, BPD prosecutor, stated that a stipulation had been reached. Phillip Knoche, licensee's general manager, and Alex LaMarca, licensee's co-owner, were both sworn in and testified about this violation. Mr. LaMarca confirmed stipulation to the facts and waived hearing procedure reading. No ex- parte communications or conflicts of interest were disclosed by Authority members, Chair 8/19/09 BLA Final Minutes Page 4 of 8 McMurray moved, seconded by Wallace, to accept the stipulation. Motion approved 5:0. No third parties requested interested party status and no public comment was given. The Authority members noted that complete employee state-approved training was submitted, but that this licensee has only been in operation for two years. Chair McMurray moved, seconded by Cheval, to set penalty for this violation at 5 days served with 9 days held in abeyance for 1 year and a non-administrative renewal in 2010. Messrs. Knoche and LaMarca asked to serve the suspension from September 6 to 10. Chair McMurray moved, seconded by Wallace, to direct that the 5 suspension days be served from September 6 to 10, 2009. Motion approved 5:0. 8. Show Cause Hearing concerning a May 28, 2009 violation and whether the Hotel- Restaurant type liquor license held by Sushi Zanmai, Inc., d/b/a Sushi Zanmai/Sake Zanmai: AMU, 1221 Spruce Street, Boulder, CO, should be suspended or revoked. Member Cheval was the designated hearing conductor. Bob Keatley, BPD prosecutor, stated that a stipulation had been reached. David Rockwell, Esq. appeared as licensee's attorney, confirmed the stipulation to the facts, and waived procedures reading. Young Hee Kim, licensee's front of house manager, and Nao Kanda, licensee's owner, were both sworn in and gave testimony on violation. Member Spalding disclosed that she is a regular customer of restaurant but she feels that she is able to remain objective in this matter. Member Zessin moved, seconded by McMurray, to accept the stipulation. Motion approved 5:0. MT. Rockwell made comment concerning community involvement and he requested that his client be allowed to pay a fine in lieu. Mr. Rockwell submitted evidence of training of all employees in ServSafe Alcohol class which was accepted as agenda item 8, exhibit 1. Authority members discussed that this licensee has been in operation for 24 years with no prior violations. No third parties requested interested party status and no public comment was given. Chair McMurray moved, seconded by Zessin, to set the penalty at 2 days served with 12 days held in abeyance for 1 year, and that a payment of a fine in lieu shall be accepted for 2 suspension days. Motion approved 5:0. 9. Public Hearing and Consideration of a May 26, 2009 application from Occom Holdings, LLC, d/b/a Amante Uptown, 4580 Broadway, Suite A, Boulder, CO; Jordan D. Karp, Managing Member and Register Manager, with a business mailing address of 4699 Nautilus Court South, Suite103, Boulder, CO 80301-5306 for a Transfer of Ownership of a Tavern type liquor license. Vice-Chair Wallace acted as assigned hearing conductor in McMurray's absence. Chair McMurray recused himself from agenda items 9, 10, and 11. No other Authority members disclosed ex-parte communications or conflicts of interest. Robert Dill, Esq. with Dill and Dill law firm appeared as applicant's attorney. Jordan Karp, applicant's owner, and Yoav Monjack, applicant's registered manager for Amante Walnut location, were both sworn in, provided testimony, and Mr. Karp confirmed premise posting for required 10 day period. Mr. Dill waived hearing procedures reading. Mr. Dill indicated that all employees for both Atnante locations had received state-approved server training prior to this hearing. No third parties requested interested party status and no public comment was given. Member Cheval 8/19/09 BLA Final Minutes Page 5 of 8 moved, seconded by Zessin, to approve transfer of ownership of Tavern liquor license application. Motion approved 4:0. 10. Public Hearing and Consideration of a May 26, 2009 application from Occom Holdings, LLC, d/b/a Amante Walnut, 1035 Walnut Street, Boulder, CO; Jordan D. Karp, Managing Member, and Yoav Monjack, Register Manager, with a business mailing address of 4699 Nautilus Court South, Suite103, Boulder, CO 80301-5306 for a Transfer of Ownership of a Tavern type liquor license. Member Spalding was the assigned hearing conductor. Chair McMurray recused himself from agenda items 9, 10, and 11. No other Authority members disclosed ex-parte communications or conflicts of interest. Robert Dill, Esq. with Dill and Dill law firm appeared as the applicant's attorney. Jordan Karp, applicant's owner, and Yoav Monjack, applicant's registered manager for this location, were both confirmed under oath that they remained sworn in for this matter, both provided testimony, and Mr. Karp confirmed premise posting for the required 10 day period. Mr. Dill waived hearing procedures reading. No third parties requested interested party status and no public comment was given. Member Cheval moved, seconded by Zessin, to approve this transfer of ownership of a Tavern liquor license application. Motion approved 4:0. 11. Public Hearing and Consideration of a June 5, 2009 application from Residences at Boulder Creek, LLC, d/b/a Residences at Boulder Creek, 2525 Taft Drive, Boulder, CO; Bluebird Investors LLC, Manager and 50% Member, Michael Gerber, Manager, and Gregory Glade, Manager; Legacy Boulder LLC, 48.82% Member, Mitchell Schneider, President and 75% shareholder, and David B. St. Pierre, COO, Treasurer, Secretary and 25% shareholder; and Boulder Holders LLC, 1.18% Member, with a business mailing address of 2563 15th Street, Suite 103, Denver, CO 80211-3944 for a New Hotel-Restaurant type liquor license. Member Wallace acted as the assigned hearing conductor. Dan Carr, Esq. appeared as applicant's attorney. Chair McMurray recused himself from agenda items 9, 10, and 11. No other ex-parte communications or conflicts of interest were disclosed by Authority members. Michael Gerber, applicant's co-owner and manager, was sworn in and testified in this matter. Mishawn Cook introduced into evidence as agenda item 11, exhibit 1 an affidavit of posting and a photo displaying posting. This affidavit of posting was provided by Max Scott with Oedipus, Inc. who completed the posting. Oedipus, Inc. also completed the petitioning to this new license application. Mr. Carr indicated that all employees will be trained in a state-approved alcohol server training. No third parties requested interested party status and no public comment was given. Member Cheval moved, seconded by Zessin, to approve this new Hotel-Restaurant liquor license application. Motion approved 4:0. 12. Public Hearing and Consideration of a June 22, 2009 application from CRO Development 111, L.P., d/b/a Cantina Laredo #193, Boulder, CO; CRO Development GP, LLC as General Partner, John Harkey, Managing Member, Mark Lamm, Managing Member, and Robert Wright, Register Manager, with a business mailing address of 12200 N. Stemmons Freeway, Suite 100, Dallas, TX, 75234-5877 for a Transfer of Ownership of a Hotel-Restaurant type liquor license. 8/19/09 BLA Final Minutes Page 6 of 8 Member Zessin was the designated hearing conductor. Robbie Wright, licensee's general manager, was sworn in, provided testimony concerning this transfer, and confirmed under oath premise posting for the required 10 day period. Hearing procedures were read to Mr. Wright. 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 McMurray moved, seconded by Wallace, to approve the transfer by ownership of this Hotel-Restaurant liquor license application. Motion approved 5:0. 13. Matters from the Licensing Clerk: A) Neigbborhood Boundaries for BLA September 16, 2009 Hearing: i) Pizzeria Basta - Beer & Wine License: 3601 Arapahoe Avenue, D-155. The Authority discussed if these designated boundaries should mirror those of Gindi Cafe, a licensed location adjacent to this proposed premise, with boundaries as follows: Valmont Road on the North, Colorado Avenue on the South, 28d' Street on the West, and 55`" Street on the East. Member Wallace moved, seconded by Spalding, to designate the Neighborhood boundaries for this application as above described. Motion approved 5:0. B) Information Items: i) August Special Events and Temporary Modifications for 2009 Mishawn Cook noted for the Authority that the special event and temporary modifications list for this month was included in the hearing packet. ii) Baseline Liquors show cause appeal email to BLA members. Mishuwn Cook noted for the Authority that an email on the status of the Baseline Liquors show cause appeal from Sandra Llanes was included in the hearing packet. 14. Matters from the Assistant City Attorney Sandra Llanes advised that there was a new development in the Baseline Liquor appeal, in that the licensee has decided to proceed with their appeal. 15. 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 8/19/09 BLA Final Minutes Page 7 of 8 Member Spalding inquired about a special event liquor permitted event application from Downtown Boulder, Inc. (DBI) on the monthly list, and Mishawn Cook replied that DBI is a non-profit organization that applies for several of these permits for events each year. ADJOURNMENT Member Wallace moved, seconded by McMurray, that the hearing should be adjourned. Motion approved 5:0. Thus, the BLA hearing was adjourned at 5:50 p.m. TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS 1:00 PM - 3'1 Wednesday of Every Month in City Council Chambers for year of 2009 Attested: Ap ove ~Mishawn J. Cook, Deputy City Clerk Chair 8/19/09 BLA Final Minutes Page 8 of 8 ATTACHMENT1 Beverage Licensing Authority (BLA) Incentives, Regulation, Education, & Enforcement Options Chart with BLA maiority input from May 20, 2009 and August 19, 2009 BLA Public Hearings 1) Objective: Provide incentives to license applicants and existing licensees to operate liquor licensed establishments in a responsible manner. Goal: To reduce over-consumption through non-regulatory incentives, often in cooperation with Responsible Hospitality Group (RHG), a local volunteer trade organization of liquor licensees. Option Resource Timeframe BLA Input Impact a) Periodic specialty training, such as RHG and BPD Currently Yes. BLA suggests that further specialty training door staff/ security training, fake/ false Done might be encouraged through use of DBI & IDs, & best practices for private parties. DUHMD contacts. (cont.) Assistance and suggestions for BLA, Currently Yes struggling licensees. Licensing, w. Done help of RHG, DBI, & BPD (cont.) RHG membership as BLA Currently Yes mitigating factor by BLA. Done (cont.) BLA hearing attendance and RHG Chair Currently Yes mentoring. Done b) Occupation tax waiver for half of City Future No, RHG membership should have value itself. RHG dues. Option c) Honor Licensees who have no RHG with Future Yes, BLA discussed that IDing is uniformly done, violations after 10 and 20 years of input from the Option but avoidance of over-service should be new operation. City focus. d) Advertising campaign on over- City, RHG, & Future Yes, BLA states, as in New Zealand, campaigns, service and community expectations. perhaps CU Option for ex., "We serve drinks, not drunks" campaign was effective. Added funds or grant needed. 2) Objective: Broaden application of state and city regulations to local licensing processes, for better notice of public hearings, increase community involvement, license information, and to ensure compliant operation of establishments. Goal: To reduce over-consumption through current and enhanced regulatory means. Option Resource Timeframe BLA Input Ira act a) Mandatory renewal Licensing and Fut ise Yes, however, first BLA must be presented with over- hearings after over-service BLApaon-"is' service violations for show cause hearings. violations. Priori b) More thorough Licensing, city Future Yes, renewal hearings have shown positive changes at investigation of renewing enforce depts., Option licensed locations w. issues and renewals deserve annual licensees. and BLA scrutiny. c) CU participation of BLA CU, Licensing, Future Yes and BLA suggests that when CU is in designated hearings for license and BLA Option- `Ise Neighborhood to send notice to Gary Chadwick at CU who applications located in its Priority might coordinate CU's response on license applications. neighborhood. d) (i) Reexamine 500 foot Input from CU, Future Yes, BLA by majority suggests reexamining the 500 ft. waiver for H&R adjacent to enacted by City, Option waiver, along with the definition of CU campus boundaries cu. and followed by and amending to allow Beer and Wine licenses as more Licensing full described below. d) (ii) Reexamine CU Input from CU, Future Yes, BLA by majority suggests reviewing what Denver principal campus definition as enacted by City, Option does surrounding DU and other CU campuses. it relates to 500 foot waiver. and followed by Licensing d) (iii) Consider amending Input from CU, Future Yes, BLA by majority suggests review if city should allow waiver to Beer & Wine enacted by City, Option inclusion of beer and wine licenses and if city could require licenses rather than Hotel- and followed by that Uni Hill licensees convert to Beer and Wine and/or Restaurant which serve hard Licensing how best to provide incentives if city can't require alcohol. conversion from H&R licenses. BLA discussed that Beer and Wine class licenses do not have a food percentage requirement, and as such, the BLA by majority is opposed to inclusion of Beer and Wine licenses in this area unless the zoning definition of "restaurant" includes a mandatory food percentage. g) BLA evening meetings. BLA and Future Yes, BLA is in favor of this change to make hearings more Licensing 9j~fiea_ available to neighbors. BLA suggests collecting data on PlgtStty whether other local licensing boards meet at night. [Public comment: As of last RHG 5121109 mtg., RHG is not in favor of evening meetin s . h) Mandatory license Licensing and Future Yes, BLA, like council, flunks this is valuable, but feels that application notice to all Zoning Option 600 ft. radius is better and realizes that licensing can only addresses within 300 foot do this type of notice if it gets funds to complete it. BLA radius also feels legal notice text is too small. Also suggests better BLA notice through Neighborhood Associations, HOAs, ad campaigns, NFCH, Channel 8, and any print material, such as city newsletter. i) BLA license renewal BLA, BPD, City FV4W Yes, BLA suggested that they might have renewal hearings hearings required for I' year Staff, Licensing, du with all new licensees to review how first year of business of license. and newu operations went, acknowledging council's concern with Licensees. heavy pours and over- service. This would allow BLA to intervene early and assist if there are problems at licensees. BLA did discuss if business licenses could add supplemental local conditions to establishments. j) BLA will change procedure BLA and Future Yes, BLA by majority determined to change hearing to allow licensees to select Licensing. Option procedure allowing licensees to select their own suspension own suspension days days, instead making all suspensions for violations from a show cause hearing begin on same date. k) BLA suggests to review BLA, City, Future Yes, BLA by majority would like council to discuss what what changes in state law Licensees, and Option changes in law are needed to advocate training requirement would be required to mandate Licensing. BLA held a hearing and suggests a change to BLA Rules of server training and changes to Procedure so that server training is completed in 90 days, BRC for server training in 90 rather than 6 months and is renewed every 3 years. [Public days. comment: RHG says that immediate training may be im ossible unless e-training is accepted by BLA . 1) BLA suggests review of BLA, City, Future Yes, BLA thinks that petitioning should be reviewed, as to petitioning practices and Applicants, and Option if city could have more control over petition practices. BLA supplemental information Licensing. commented that local fees are maxed so the city would need to make a significant increase in licensing funding for petitioning oversight. At a minimum, BLA discussed that petitioners should provide total numbers of existing licenses already in designated Neighborhood and day of week. m) Undue Concentration data BPD and Future Yes, BLA thinks that resource materials should be given to to BPD to allow for a more Licensing Option BPD command staff when an undue concentration opinion extensive review. is requested so all parties better understand legal question. 3) Objective: Encourage education participation in responsible alcohol service training. Goal: Reduce perceived culture of over-consumption in our liquor licensed establishments through better education of our business owners, managers, servers, and door staff. Option Resource Timeframe BLA Input Impact a) Boulder acceptance City, BLA, Future Option No, BLA thinks that if state does not accept it, Boulder should of e-version of server Licensing, not. [Public comment: RHG suggests that this would be less training. S outside expensive and more immediate for IicenseesJ. vendor trainers b) New liquor RHG, CunentlyDone & Yes, BLA thinks that this mentoring should happen prior to licensee mentoring. DUHMD, Future Option: receiving liquor license. Licensing, With clerkat BPD, B_ inspection-°I" Boulder Priority. Chamber. c) State law changes BLA, City, Future Option Yes, BLA by majority would like council to discuss what to certify or license Licensees, changes in lain are needed to advocate training requirements servers independently and mandating licensing servers independently before they can Licensing. apply for jobs. See also Objective 2, option K for other local changes. 4) Objective: Comprehensive enforcement of state and local laws to mandate responsible operation of liquor licensed premises to reduce over-consumption and over-service. Goal: To reduce over-consumption through active enforcement of current and enhanced regulations. Option Resource imeframe BLA Input Impact a) Targeted food BLA, Future Yes, BLA thinks this should occur when needed. percentages auditing. Licensing, Option & Finance b) BPD Patrols in parking BPD Future No, BLA thinks that BPD officers are already in license dense lots and alleys to enforce Option areas. BLA asked that surrounding neighborhoods also be against public consumption. included in patrols and that bike patrols should be added. c) Universal Trespass Boulder Future Yes, but BLA recommends to RHG that this item should be a Agreement among Licensees Option cooperative effort among its members for them to undertake Licensees independentl . d) Random selection of BPD Future No. BLA is opposed to random selection of licensees for licensees to undergo yearly Option compliance checks, but BLA supports a distinction between low compliance checks to allow risk and high risk locations for compliance checks. BLA is also more officer time for concerned that BPD resources may be lost if officer time is freed undercover enforcement. up, and that this item alone would not enable BPD to undertake more undercover actions since alcohol officer is so recognizable to licensees. Instead, added funding/officer resources must be available for on-site stake outs, esp. over-service, fake IDs etc. to allow 2 officer undercover o s. e) Provide full funding for City and Future Yes, BLA strongly recommends this option and suggests BPD alcohol undercover BPD Option combination of it with below item i. As described above, BLA enforcement operations, feels that the alcohol officer must have depth of resources to such as over-service and involve 2 officers when warranted to address known over-service fake/false IDs checks. or fake IDs etc, issues at licensed establishments. f) City press release to City Future No, BLA thinks that this option would be supportive of licensees publicize licensees that pass Option but would not reduce over-consumption issues. annual compliance checks. g) Publicize licensees who City, Future Yes, BLA thinks that this option would be a good idea; however, confiscate fake/false IDs. BPD, and Option BLA would suggest it to CU, with a focus on marketing to young poss. CU persons at welcome back to school time. Alcohol Strategy Group or CU Communications might take the lead on press releaseiarticles for this. h) Earmarking fines in lieu BLA, Future Yes. However, often the deterrent effect is lost with fines. BLA of suspension for BPD City, and Option suggests that if a fine is accepted, then fine should be paid for total enforcement/education after Finance. of suspended and abeyance days. CAOBLA notes that per law deposit into general fund. fines in lieu are to be deposited into city's general fund of local licensing authority. i) Provide educational BPD and Future Yes, BPD currently does some interventions in this area and BLA outreach to licensees who Licensing Option has seen some positive results with renewal discussions. do not confiscate fake IDs. *Options that would require minimal additional staff resources or would require minimal additional collaboration, other than that which is currently occurring, from other city departments, BLA, and other community entities are identified above as shaded options. **It is important to note that above listed options if selected will result in increased staff resource requirements, including but not limited to, Licensing Office, Boulder Police, City Attorney's Office and Finance departments. Additionally, there is likely to be an economic development impact in connection with above listed items.