Loading...
Minutes - Beverage Licensing - September 16, 2009 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * *MINUTES * * * WEDNESDAY, SEPTEMBER 16, 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: September 16, 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, 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 Beverage Licensing Authority (BLA) Minutes from August 19, 2009, and Hearing Conductor Assignment Approval for hearing. Roll Call was taken. Mishawn Cook advised that she expected that Member David Cheval would either be late or absent. Four other Authority members were present, thus there was a four member quorum. Member Spalding asked to postpone the approval of the minutes to the end of the hearing. Ms. Cook moved approval of the minutes to item 11. Chair McMurray then requested public comment on hearing conductor assignments for this hearing's agenda, but none was provided. Member Wallace moved, seconded by Spalding, to accept hearing conductor assignments as listed. Motion approved 4:0. 2. Matters from the Boulder Police Department (BPD). Officer Heather Frey reported on behalf of the BPD and presented the BLA with last drink data for this month. Agenda item 2, exhibit 1 included BPD statistics for CU back to school, and agenda exhibit 2, exhibit 2 included BPD last drink locations report. 9/16/09 BLA Final Minutes Page 1 of9 Officer Frey stated that September 6, 2009, the day of the CU/CSU game, was a busy night in that there were a few couch fires and many young people circulating on the streets. Officer Frey advised that BPD is investigating a felony menacing at 13th and College involving someone threatening with a handgun, and also a first degree assault/attempted homicide. Officer Frey noted last page of exhibit 1 which shows statistics for past years from 2001-2009. Officer Frey advised that the next big issue will be Halloween because it occurs on Saturday and a CU homecoming football game also happens on that day. Member Wallace asked about the status of BPD'S application for a state enforcement grant, and Officer Frey responded that she has not heard yet about the grant. 3. Matters from the Responsible Hospitality Group (RHG). Chris Emma, RHG Treasurer, reported that the RHG meeting last month was very uneventful because most licensee were concentrating on preparing for the CU/CSU game. Mr. Emma stated that CU/CSU game night was a busy night for BPD, but not for the licensed establishments stating that Liquor Mart was open late, although it was an uneventful evening escorting people from the property. Mr. Emma advised that Club Nitro and Shooters Bar and Grill are two new RHG members and that there are now 40 RHG members. Mr. Emma reported that the RHG has participated in a couple of outreach meetings this past month and that the RHG members are coordinating with Mishawn Cook for her inspections. Mr. Emma advised that the RHG members attending today's hearing are Shooters Bar & Grill and The Goose. Chair McMurray asked when Shooters became an RHG member, and Mr. Emma responded that they became RHG members last month. Chair McMurray asked when The Goose became an RHG member, and Mr. Emma responded that The Goose has been an RHG member since the beginning of the year in January or February, but that they have also been members in previous years. Mishawn Cook submitted a current RHG member list and an RHG meeting reminder email which was accepted as agenda item 3, exhibit 1. 4. Public Hearing and Consideration to determine if there is good cause for a non- renewal of a June 18, 2009 Non-Administrative License Renewal Application from Bodhicitta, Inc. d/b/a Golden Lotus, 1964 28`h Street, Boulder, CO; Victoria Chen, President and Registered Manager, and Steve Chen, Secretary, with a business mailing address, for a Hotel-Restaurant type liquor license. In Member Cheval's absence, Chair McMurray acted as hearing conductor. Steve Chen, corporate licensee's secretary, and Rob Chen, the owners' son and manager, were both sworn in, provided testimony about this renewal, and Mr. Rob Chen confirmed premise posting under oath for required 10-day period. Hearing procedures were waived by Rob Chen. No ex-parte communications or conflicts of interest were disclosed by Authority members. 9/16/09 BLA Final Minutes Page 2 of 9 Mishawn Cook reminded the Authority that last year the licensee had a show cause in December 2008, and at that time the BLA requested that the licensee provide Ms. Cook with proof of training by February 11, 2009. Ms. Cook stated that she did not receive this evidence of training by this date, because the licensee's trainer experienced some issues with Ms. Cook's email address, and as such, the renewal hearing was set. Training information and other materials were accepted as agenda item 4, exhibit 1. Ms. Cook advised that there were no other administrative, tax or enforcement issues with the license. Member Wallace asked the licensee if the January 5 list included everybody that needed to be trained. Mr. Chen responded that on January 5 only the servers and himself were trained, but that at a February class all other employees were trained. Member Wallace asked if the employees that were trained in February were serving alcohol during January thru May. Mr. Chen responded no, that those employees were not servers at that time. Chair McMurray asked if he will continue to train employee's when they are hired. Mr. Chen responded that yes, he is working with Maureen, an outside trainer, on an upcoming class. Chair McMurray remind him about the 6 month condition for alcohol training. No third parties requested interested party status and there was no public comment. Member Wallace moved, seconded by Spalding, to renew this Hotel-Restaurant liquor license and to allow an administrative renewal next year. Motion approved 4:0. 5. Public Hearing and Consideration to determine if there is good cause for a non- renewal of a June 25, 2009 License Renewal Application from Casarrubias, Inc. d/b/a Trattoria on Pearl, 1430 Pearl Street, Boulder, CO; Guillermo Casarrubias, President and Registered Manager, and Sara Casarrubias, Vice President, with a business mailing address, for a Hotel-Restaurant type liquor license. Guillermo Casarrubias, licensee president and registered manager, was sworn in and Mr. Casarruabias confirmed premise posting under oath for the required 10-day period. No ex- parte communications or conflicts of interest were disclosed by Authority members. Mr. Casarrubias requested that this agenda item be moved to the end of the agenda order, so that he could address some tax issues that he needed to resolve. Chair McMurray directed that this item should then reconvene after agenda item 10. When this agenda item was reconvened after agenda item 10, Mishawn Cook confirmed that Mr. Casarrubias remained under oath. Ms. Cook advised the Authority that this renewal hearing was brought before them because it was late filed and there were sales and occupation tax issues, however, Ms. Cook stated that a partial certified payment was made on sales tax immediately before this hearing. Member Spalding asked Mr. Casarrubias if he had proof of training, and Mr. Casarrubias responded that he did not have such evidence with him, but that his entire staff of bartenders and servers are certified. Chair McMurray asked if they are state certified and if they were trained within 6 months of hire and Mr. Casan uabias responded that his entire staff have been trained twice since many of his employees have been with him for a long time. 9/16/09 BLA Final Minutes Page 3 of 9 Ms. Llanes asked about the letter that was sent to the licensee which stated that the sales tax department has denied this renewal and Ms. Cook replied that the sales tax department has denied this liquor license renewal because there is a tax issue, but when the account is brought current by certified funds, the sales tax department will approve the renewal. No third parties requested interested party status and there was no public comment. Member Wallace moved, seconded by McMurray, to approve this Hotel Restaurant liquor license renewal application, under the conditions that the licensee pay in full sales and occupation tax within 10 days of the hearing and that the licensee provided proof of training within 14 days of hearing, and that if the licensee does not comply with these Authority conditions, that the Clerk will initiate a show cause. Motion approved 4:0. 6. Public Hearing and Consideration to determine if there is good cause for a non- renewal of a July 30, 2009 License Renewal Application from The Reef Piano Bar & Grill, Inc. d/b/a Shooters Grill & Bar, 1801 13th Street, Suite 190, Boulder, CO; Brad Hogan, President and Registered Manager, and Jay Lohuis, Vice President, with a business mailing address, for a Hotel-Restaurant type liquor license. Member Spalding was the assigned hearing conductor. Brad Hogan, licensee president and registered manager, was sworn in, provided testimony in this matter, and confirmed premise posting under oath for the required 10-day period. Hearing procedures were read. No ex- parte communications or conflicts of interest were disclosed by Authority members. Public comment was provided by Officer Heather Frey who on behalf of the Boulder Police Department requested a continuance of this matter until next month's BLA hearing. Chris Emma with RHG also provided comment on this matter indicating that this licensee was an RHG member. No third parties requested interested party status in this matter. Member Wallace moved, seconded by McMurray, based on Officer Frey's request on behalf of the Boulder Police, to continue this hotel-restaurant liquor license renewal hearing until the next BLA hearing on October 21, 2009. Motion approved 4:0. 7. Public Hearing and Consideration to determine if there is good cause for a non- renewal of an August 4, 2009 License Renewal Application from Three Forks Restaurant Group, LLC d/b/a Jimmy and Drew's Delicatessen, 2855 28th Street, Boulder, CO; Jarrett Eggers, Managing Member and Manager, Andrew Marx, Member, and Sarah Marx, Member, with a business mailing address, for Beer and Wine type liquor license. Member Wallace was the assigned hearing conductor. Jarrett Eggers, licensee managing member and manager of record, was sworn in, provided testimony about this renewal, and confirmed premise posting under oath for the required 10-day period. The hearing procedures reading was waived by Mr. Eggers. No ex-parte communications or conflicts of interest were disclosed by Authority members. 9/16/09 BLA Final Minutes Page 4 of 9 Mishawn Cook advised that there were no administrative or enforcement issues, but that this renewal application was brought before the Authority only because it was late filed. Member Spalding asked about the outstanding occupation tax listed in the hearing notice. Mr. Eggers responded that the outstanding tax has been paid and same was confirmed by Ms. Cook. Member Spalding asked about proof of training and Mr. Eggers provided the BLA with proof of training which was marked as agenda item 7, exhibit 1. No third parties requested interested party status and there was no public comment. Chair McMurray moved, seconded by Zessin, to approve this Beer & Wine liquor license renewal application. Motion approved 4:0. 8. Public Hearing and Consideration to determine if there is good cause for a non- renewal of an August 11, 2009 Non-administrative License Renewal Application from Iguana B & R, Inc, d/b/a The Goose, 1301 Broadway, Boulder, CO; Worthington McCormick, Director and Registered Manager, and Peter O'Brien, Director, with a business mailing address, for a Hotel-Restaurant type liquor license. Member Zessin was the assigned hearing conductor. Peter O'Brien, licensee, director, and co-owner, was sworn in, provided testimony concerning this non-administrative renewal, and confirmed premise posting under oath for the required 10-day period. Hearing procedures were read. Member Spalding disclosed an ex-parte communication because she was cced with an email related to this licensee which she stated that she did not review. Member Spalding stated that she felt she could fairly and impartially deliberate. There were no other ex-parte communications or conflicts of interest disclosed by Authority members. Mishawn Cook submitted four items which were accepted as agenda exhibits: i) licensee's reply to an Environmental Enforcement (EZEO) memo and report as agenda 8, exhibit 1, ii) licensee's proof of server training as agenda 8, exhibit 2, iii) licensee's food to alcohol ratio information as agenda 8, exhibit 3, and iv) a shareholder ledger that indicated only two share holders that own more than 10%, Peter O'Brien and Worthington McCormick, as agenda 8, exhibit 4. Ms. Cook reminded the Authority that last year requested that this licensee be put on a non-administrative renewal, and as such, the renewal hearing was set. Earlier in agenda item 3, Chris Emma with RHG provided public comment stating that this licensee was an RHG member. Public comment was also provided by Officer Heather Frey with Boulder Police who requested a continuance until next month's BLA hearing to complete research. Member Zessin asked if licensee could still serve alcohol since their license expires on September 26th. Ms. Cook replied that the city now has a proper city and state renewal application and fees, therefore, they are allowed to sell and serve pending their renewal hearing. Sandra Llanes, assistant city attorney, suggested to Ms. Cook that an officer from the Environmental Enforcement department should be asked to attend the next hearing to answer any of the Authority's questions on the EZEO report. Member Spalding moved, seconded by Wallace, based on Officer Frey's request on behalf of Boulder Police, to continue this hotel-restaurant liquor license renewal hearing until the next BLA hearing on October 21, 2009. Motion approved 4:0. 9/16/09 BLA Final Minutes Page 5 of 9 9. Public Hearing and Consideration to determine if there is good cause for a non- renewal of an August 25, 2009 License Renewal Application from Eddie and Son's, Inc. d/b/a Club Paraiso, 2690 28`° Street, Unit E, Boulder, CO; Cristina Delgado, President, and Mireya Delgado Sosa, Vice President and Registered Manager, with a business mailing address, for a Tavern type liquor license. In Member Cheval's absence, Chair McMurray acted as the hearing conductor. Mircya Delgado Sosa, licensee, vice president, and registered manager, was sworn in and testified concerning this renewal, and she confirmed premise posting under oath for the required 10- day period. The hearing procedures reading was waived by Ms. Delgado Sosa. No ex-parte communications or conflicts of interest were disclosed by Authority members. Chair McMurray asked why the license renewal was filed late and Ms. Delgado Sosa responded that they were in the process of transferring the license, but the landlord did not timely sign the lease so the proposed new owners were no longer interested. Chair McMurray asked Ms. Delgado Sosa if she had proof of training and Ms. Delgado Sosa stated that she did, but it was through their Tortilleria El Rey Restaurant. Member Spalding asked about question 10 on the state renewal as to other licensed premises owned by this licensee and Ms. Delgado Sosa responded that she is not a partner in the Tortilleria El Rey business, but that it is owned by other members of her family. Member Spalding asked about the letter that was sent by Ms. Cook in regard to enforcement issues and Ms. Delgado Sosa responded that there have been a couple of issues which she did not know about until she contacted Ms. Cook. Officer Heather Frey with the Boulder Police then provided public comment that she has been investigating a few issues at Club Paraiso. Member Spalding asked what the issues are and Officer Heather Frey responded that the issues are as follows: i) a ticket issued to a 17 year old for under-age drinking, ii) a fatal accident at 28th Street and Jay Road, in which the passenger in the accident stated that he and the driver were drinking at Club Paraiso, and iii) an alledged assault by a bouncer. Both Chair McMurray and Member Wallace asked if a show cause hearing would be upcoming and Officer Frey responded that there had not been one issued due to the investigation and the potential transfer of ownership. Officer Frey additionally replied that she could finish out the investigation and turn it into a show cause. Member Spalding asked if there was any record of the Blood Alcohol Concentration (BAC) in the fatal accident or the assault case. Officer Frey responded that on the fatality the driver had cocaine and .191 BAC in his system, but that on the assault case there was no BAC available. No third parties requested interested party status in this matter. Chair McMurray moved, seconded by Wallace, to approve this Tavern renewal liquor license application, under the following conditions: i) that proof of training be provided within 30 days, ii) that Officer Frey continue with the investigation, and if appropriate, issue a show cause for violations before next month's BLA hearing, and iii) that this license be placed on non-administrative renewal status for next year. Motion approved 3:1 with Spalding opposed. 9/16/09 BLA Final Minutes Page 6 of 9 10. Public Bearing and Consideration of a July 20, 2009 application from Gold Bricks, LLC d/b/a Pizzeria Basta, 3601 Arapahoe Avenue, Unit D-155, Boulder, CO; R. Kelly Whitaker, Owner and Manager, with a business mailing address of 7180 Alan Drive, Denver, CO for a New Beer and Wine type liquor license. Chair McMurray was the assigned hearing conductor. Kelly Whitaker, applicant owner and manager of record, and Erika Whitaker, spouse of Kelly Whitaker, were both sworn in and each testified about this new license application. Mr. Whitaker confirmed under oath premise posting for the required 10 day period. Hearing procedures were read. No ex-parte communications or conflicts of interest were disclosed by the Authority members. The Authority and Mr. Whitaker discussed his background check. Kelly Whitaker provided a restaurant menu which was accepted as agenda 10, exhibit 1 and a press release on his new restaurant in The Peloton development which was accepted as agenda 10, exhibit 2. Max Scott with Oedipus, Inc. was sworn in and gave testimony on the submitted Neighborhood petition results. No third parties requested interested party status and no public comment was given. Member Wallace moved, seconded by Spalding, to approve this New Beer & Wine liquor license application. Motion approved 4:0. 11. Matters from the Licensing Clerk: A) Neighborhood Boundaries for BLA October 21, 2009 Bearing: i) Maharaja - New Beer & Wine License: 1915 28`h Street. The Authority discussed if the designated boundaries should mirror those of Baker Street Pub and Grill, a licensed location adjacent to this premise, with boundaries as follows: Pine Street on the North, Arapahoe on the South, 201h Street on the West, and 30`h Street on the East. Chair McMurray moved, seconded by Wallace, to designate the Neighborhood boundaries for this application as above described. Motion approved 4:0. B) Information Items: i) September 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) BLA Update Options Chart Review for City Council The Authority discussed needed changes to the draft BLA Options chart attached as attachment 1 to the proposed BLA August 19, 2009 minutes. Authority amendments from this discussion are incorporated into the current attachment chart. iii) Mr. Ken Wilson's email of article on drink special pricing 9/16/09 BLA Final Minutes Page 7 of 9 Ms. Cook noted that a copy of the article submitted by Ken Wilson is included in the BLA's hearing packet under this agenda item. Member Spalding asked Mishawn Cook about the status of the Styr/Elixir tavern license. Ms. Cook replied that the license was not renewed, thus recently expired, and as such, a new license application would need to be filed for that location if it were re-opened. Chair McMurray noted that Seven has recently closed, and Ms. Cook replied that she has had several conversations with prospective new owners so she expected that a transfer of ownership for that hotel-restaurant license would be filed soon. 12. Matters from the Assistant City Attorney Sandra Llanes advised the Authority that there would be a study session in October regarding general issues of Boards and Commissions, and as such, if members had suggestions for items to be discussed by City Council, they could submit those for this study session. Ms. Llanes noted extended leaves, temporary appointments when conflicts of interest occur, board input to Council, and board member removal as some possible topics. Ms. Llanes also informed the Authority members of City Attorney Jerry Gordon's upcoming retirement from the City. Ms. Llanes also notified the Authority that she would be taking some personal leave for family matters, and as such, another assistant city attorney would be covering the BLA October 21" hearing. 13. 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 Member Wallace asked Mishawn Cook what the total fine in lieu was for Sushi Zanmai concerning their August show cause hearing, and Ms. Cook replied that the total amount for the 2 day fine in lieu was $483. Member Wallace asked Ms. Cook if other localities with local licensing authorities conduct their hearings at night, and Ms. Cook replied that she did not know when other cities held their hearings, but she would check with other licensing clerks. ADJOURNMENT Chair McMurray moved, seconded by Wallace, that the hearing should be adjourned. Motion approved 4:0, thus, the BLA hearing was adjourned at 5:00 p.m. TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS 9/16/09 BLA Final Minutes Page 8 of 9 1:00 PM - 3 d Wednesday of Every Month in City Council Chambers for year of 2009 Attested: Approved: ishawn J. Cook, Deputy City Clerk Chair 9/16/09 BLA Final Minutes Page 9 of 9