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Minutes - Beverage Licensing - October 21, 2009 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY ***MINUTES*** WEDNESDAY, OCTOBER 21, 2009, 1:00 P.M. BOULDER CITY COUNCIL CHAMBERS MUNICIPAL BUILDING - 2 ,d FLOOR 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: October 21, 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: David Cheval (present for agenda items 1 to 7), Tim McMurray, Lisa Spalding, and Dave Zessin. Staff Present: Debra Kalish, 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 September 16, 2009, and Hearing Conductor Assignment Approval for hearing. Roll Call was taken. Mishawn Cook advised that Member Steve Wallace was expected to be absent. Four other Authority members were present, thus there was a four member quorum. Member Cheval moved, seconded by Zessin, to approve as submitted the BLA August 19, 2009 minutes with BLA options chart as attachment 1. Motion approved 4:0. Member Spalding submitted changes to the September 16t" minutes, and Mishawn Cook stated that she would incorporate the changes by end of hearing. Member Zessin then moved, seconded by Spalding, to approve the BLA September 16, 2009 minutes as amended. Motion approved 3:0 with Member Cheval abstaining from vote due his absence from that hearing. Chair McMurray then requested public comment on hearing conductor assignments for this hearing's agenda, but none was provided. Member Zessin moved, seconded by Cheval, to accept hearing conductor assignments as listed on the agenda. Motion approved 4:0. 10/21/09 BLA Final Minutes Page 1 of 7 2. Matters from the Boulder Police Department (BPD). Officer Heather Frey appeared on behalf of BPD. Officer Frey reported that a state liquor enforcement officer recently assisted her with compliance checks in Boulder and 19 checks were completed with 6 resulting violations. Officer Frey discussed MIPs for CU back to school period and Halloween enforcement plans. Officer Frey introduced Officer Carlene Hofmann. Officer Frey advised that she has been promoted to detective and that Officer Hofmann will be her replacement as BPD alcohol enforcement officer. Officer Frey submitted last drink data and Minor in Possession reports which were accepted into the record as Agenda item 2, Exhibit 1. The Authority members all thanked Officer Frey for her work as the alcohol enforcement officer and wished her well in her new position. 3. Matters from the Responsible Hospitality Group (RUG). Mishawn Cook noted for the Authority that they had received RHG emaiis and the minutes from the last RHG meeting and that these items would be accepted as Agenda item 3, Exhibit 1. Chris Emma, RHG Treasurer, appeared on behalf of the RHG. Mr. Emma advised that at the next RHG meeting the members will be electing a new Treasurer, as he expects that Iva Townsend will be taking over as Secretary and he will be taking over as Chair. Mr. Emma asked the BLA members if they liked certificate form included in their packet to honor licensees who have operated without violations for 10 year and 20 year period. Member Zessin said that he thought that the certificate should specify that the licensees had no state alcohol violations for these time periods. Mr. Emma also stated that Playa Azul, The Goose, and Shooters are current RHG members concerning agenda items 5, 6, 7, and 9. 4. Show Cause Hearing concerning a February 6, 2009 violation and whether the Tavern type liquor license held by Eddie & Son's Inc. d/b/a Club Paraiso, 2690 28t" Street, Unit E, Boulder, CO, should be suspended or revoked. Member Spalding was the designated hearing conductor. Perla Delgado, daughter of tavern owner, and Arturo Alvarez, club security guard, were both sworn in and testified regarding this matter. No ex-parte communications or conflicts of interest were disclosed by Authority members. Bob Keatley, BPD prosecutor, advised that a stipulation had been reached. Hearing procedures were read. Ms. Delgado confirmed the stipulation to the facts. Chair McMurray moved, seconded by Zessin, to accept the stipulation. Motion approved 4:0. Ms. Delgado provided evidence of partial employee training which was accepted as Agenda item 4, Exhibit 1. Ms. Delgado explained that the location is no longer open daily, but only open for special events, such as the radio station event occurring on Friday the week of the hearing. Member Cheval moved, seconded by McMurray, to select the suspension days and to direct that the licensee serve 10 suspension days from November 12 to 21, 2009 with no days held in abeyance. Motion approved 3:1 with McMurray opposed. 5. Show Cause Hearing concerning a May 10, 2009 violation and whether the Hotel- Restaurant type liquor license held by The Reef Piano Bar & Grill, Inc. d/b/a Shooters Grill & Bar, 1801 13"' Street, Suite 190, Boulder, CO, should be suspended or revoked. 10/21/09 BLA Final Minutes Page 2 of 7 In Member Wallace's absence, Chair McMurray acted as hearing conductor. Brad Hogan, licensee owner, and Jay Lohuis, licensee owner, were both sworn in and each testified in this matter. Mishawn Cook explained to the Authority that she did not have 30 days written hearing notice for this matter, since the certified mailing came back as undeliverable because it was not picked up at the post office, but that she had hand-delivered the hearing notice to the location on the Friday October 16th. Ms. Cook submitted evidence of this hand- delivered notice as Agenda 5, Exhibit 1. Brad Hogan explained that lie had only recently become aware of the show cause, and as such, he was not ready to proceed. Mr. Hogan then asked for a recess so that he could call his attorney. When the matter reconvened, Mr. Hogan stated that he had been advised by his attorney not to proceed, but instead to request a continuance to December 16th hearing when his attorney, Vince Linden, could attend. The Authority discussed this and determined that the item would be continued to BLA December 16, 2009 hearing. Bob Keatley confirmed that the subpoena issued in the item would extend to the December 16th hearing. 6. Public Hearing and Continued 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 13`h Street, Suite 190, Boulder, CO; Brad Hogan, President and Registered Manager, and Jay Lohuis, Vice President, with a premise business mailing address, for a Hotel-Restaurant type liquor license. Member Zessin was designated hearing conductor. Mishawn Cook confirmed that Brad Hogan and Jay Lohuis remained sworn in for this and that both were still under oath. Hearing procedures reading was waived by Mr. Hogan. The Authority members discussed that they would like to coordinate this license renewal hearing with the pending show cause hearing. No ex-parte communications or conflicts of interest were disclosed by Authority members. Ms. Cook clarified that this license expired on September 3"d. However, Deb Kalish stated that the renewal filing to the city serves also as a filing to the state so that the 90 day grace period for renewal filing should not be effected. Member Cheval then moved, seconded by McMurray, to continue this hotel-restaurant license renewal hearing to BLA December 16, 2009 hearing. Motion approved 4:0. 7. Public Hearing and Continued 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 premise business mailing address, for a Hotel-Restaurant type liquor license. Member Cheval was the assigned hearing conductor. Peter O'Brien, licensee owner, and Worthy McCormick, licensee owner, were both sworn in, confirmed premise posting for the required 10 days; and testified in this matter. Mr. O'Brien submitted additional TIPS cards evidencing employee server training which were accepted as Agenda 7, Exhibit 1. Hearing procedure reading was waived by Mr. O'Brien and Mr. McCormick. No ex-parte communications or conflicts of interest were disclosed by the Authority members. No third parties requested interested party status. 10/21/09 BLA Final Minutes Page 3 of 7 Member Cheval asked about a warning that had been issued the past weekend for alcohol service after legal hours and Mr. O'Brien and Mr. McConnick stated that their policy for bar area clean up has changed as a result. Officer Heather Frey replied that there was no information in watch log about this warning. Member Spalding asked about the number of police calls which involve violence. Officer Frey provided corrunent on her BPD email which was submitted that stated that she has reviewed the reports and has found that there was no substantial information that would affect the license renewal in this case. Officer Terry Steinborn with city's environmental enforcement was present and provided continent on an enforcement report which was part of Authority's materials, stating that she thinks that noise issues at this location have been unproved but not eliminated. The Authority discussed that this renewal should again be on non-administrative renewal in 2010 to check on operational characteristics at this location. Chair McMurray moved, seconded by Cheval, to approve this hotel-restaurant renewal and to place it on non-administrative renewal for 2010. Motion approved 4:0. Member David Cheval then left the hearing. 8. Public Hearing and Consideration to determine if there is good cause for a non- renewal of a September 8, 2009 License Renewal Application from McBride Boulder Broker Inn, LLC d/b/a The Boulder Broker/ Rodeway Inn & Suites, 555 30t1i Street, Boulder, CO; George Andrews, Manager/Member, James McBride, Manager/Member, and Hamid Hursan, Member and Registered Manager, with a business mailing address of P.O. Box 260248, Lakewood, CO, for a Hotel-Restaurant type liquor license. Chair McMurray was the assigned hearing conductor. Mishawn Cook explained that this renewal hearing was scheduled only due to late filing. Hamid Hursan, licensee co-owner and registered manager, was sworn in, testified in this matter, and confirmed premise posting for the required 10 day period. Hearing procedure reading was waived by Mr. Hursan. No ex- parte communications or conflicts of interest were disclosed by Authority members. Mr. Hursan submitted evidence of employee server training which was accepted as Agenda item 8, Exhibit 1. No third parties requested interested party status and no public comment was provided. Member Zessin moved, seconded by Spalding, to approve this hotel-restaurant license renewal. Motion approved 3:0. 9. Public Hearing and Consideration to determine if there is good cause for a non- renewal of a September 11, 2009 Non-administrative License Renewal Application from Playa Azul, Inc. d/b/a Playa Azul, 1600 38t1i Street, Boulder, CO; Aurora Curiel, President, and Margarito Mora, Registered Manager, with a premise business mailing address, for a Hotel-Restaurant type liquor license. Member Spalding was designated hearing conductor. Mishawn Cook reminded the Authority that this renewal was before them due to non-administrative status by BLA. Aurora Curiel, licensee owner, was sworn in, testified in this matter, and confirmed premise posting for required 10 day period. Reina Sifuentes, with City of Boulder City Manager's Officer acted as translator for Ms. Curiel when needed. Hearing procedures were read. No ex-parte communications or conflicts of interest were disclosed by Authority members. No 10/21/09 BLA Final Minutes Page 4 of 7 third parties requested interested party status and no public comment was grliven. The Authority members asked how business had gone after the required l IPM closing directed at last show cause hearing. Ms. Curiel replied that the business was going well and was best for lunch service. Chair McMurray moved, seconded by Zessin, to remove the renewal from non-administrative renewal and to approve this hotel-restaurant liquor license renewal. Motion approved 3:0. 10. Public Hearing and Consideration of an August 25, 2009 application from Maharaja, LLC d/b/a Maharaja, 1915 28th Street, Boulder, CO; Tastima Qureshi, Owner and Manager, and 3 other persons none owning under a 10% interest, with a premise business mailing address, for a New Beer and Wine type liquor license. In Member Wallace's absence, Chair McMurray acted as hearing conductor. Taslima Qureshi, applicant principal owner and manager, was sworn in, testified about this new license, and confirmed premise posting for required 10 day period. Ms. Qureshi waived hearing procedure reading. 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. Ms. Qureshi described the business plan for her restaurant and outlined the Neighborhood need and desire petitions included in the Authority packet. Member Zessin moved, seconded by Spalding, to approve this New Beer and Wine liquor license application. Motion approved 3:0. Member Zessin asked if Ms. Qureshi might provide a comparison of her prior Michigan training vs. Colorado server training. 11. Matters from the Licensing Clerk: A) Neighborhood Boundaries for BLA November 18, 2009 Hearing: i) Aces - New Tavern License: 1915 Broadway The Authority members discussed the following boundaries: Alpine on the North, University on the South, 6c" Street on the West, and Folsom on the East. Chair McMurray moved, seconded by Zessin, to set the designated Neighborhood boundaries as above described for this application. Motion approved 3:0. The Authority members also directed Mishawn Cook to gather undue concentration data for this Tavern application and to alert the BPD to address whether additional law enforcement resources would be needed. ii) Noodles & Co. - Hotel-Restaurant change of location: 1600 28`' St., #1208 The Authority members discussed the following boundaries: Valmont Road on the North, Baseline Road on the South, 201h Street Extended on the West, and Eisenhower Drive Extended on the East. Chair McMurray moved, seconded by Spalding, to set the designated Neighborhood boundaries as above described for this application. Motion approved 3:0. B) Information Items: Mishawn Cook addressed these items first before proceeding with Neighborhood boundaries. Ms. Cook noted that she had provided the Authority with three agenda exhibits: 10/21/09 BLA Final Minutes Page 5 of 7 i) an email to BLA members indicating that Steve Wallace would be absent, ii) a map listing recommended boundaries for Noodles and Company change of location, and iii) an email from city sales tax indicating that Trattoria on Pearl is again delinquent on taxes. The Authority discussed whether a show cause should be issued to Trattoria on Pearl. Deb Kalish suggested that city attorney's office should look into this matter to provide advice. i) October Special Events and Temporary Modifications for 2009 Mishawn Cook noted that this month's event list was provided in the hearing packet. ii) Letters with graduation ads to Half Fast Subs and The Sink for BLA Mishawn Cook noted that she had received two ads from a Uni Hill neighbor concerning CU graduation morning specials at Half Fast Subs and The Sink, both of which were included in the hearing packet, which had been forwarded to both licensees, and which had been placed in the licensee's license files. The BLA also discussed whether Downtown and Uni Hill liquor licensees would agree to close at the first 2AM closing time for daylight saving time on Halloween. Officer Frey stated that she would advise the Authority of the business names that do not comply with this early closing for show cause hearings. Chris Emma indicated that many of the licensees he had talked to strongly opposed early closure because of the possible profit, but that many RHG members had already agreed to comply. The Authority discussed their wish to receive updates on Planning Board proceedings about zoning recommendations to council for beverage licensing options. Mishawn Cook explained that options 1 (c), 2 (g), (i), and 0) from the BLA options chart would be items that the BLA could proceed with before the matter returned back to City Council. The Authority members noted that City Council has expressed that they would like to have all city boards to have evening meetings. Ms. Cook suggested that evening BLA hearings might start as of January 1, 2010. The Authority members discussed start times for evening meetings, but decided to defer a decision to when all BLA members were present. Deb Kalish suggested that CAO could look at these options to better understand what would be required to enact these options. 12. Matters from the Assistant City Attorney No separate items were raised concerning city attorney matters. 13. Matters from the Chair and Members of the Authority , A) Debriefing from this hearing Member Lisa Spalding suggested that a mandatory report ordinance, similar to that of City of Lafayette which requires that liquor licensees call the police for disturbances on their licensed premises and display a mandatory notice sign regarding the ordinance, might be 10/21/09 BLA Final Minutes Page 6 of 7 added to the BLA options chart that will be submitted to City Council. Deb Kalish also suggested that CAO might look at the mandatory report ordinance as it relates to the requirements of the state liquor code. B) Other matters from the Chair and Members Debra Kalish suggested that BLA Rules of Procedure might be changed to allow hearing notice to be done via U.S. Mail, instead of via certified mailing, to avoid circumstances such as the one that occurred with the show cause hearing notice and lack of proper service for agenda item 5, Shooters Grill and Bar. ADJOURNMENT The Authority discussed that they should adjourn, thus BLA hearing was adjourned at 5:07 p.m. TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS 1:00 PM - 3`a Wednesday of Every Month in City Council Chambers for yearo r / / i I Attested: roved: Mishawn J. Cook, Deputy City Clerk Bever4,e Liceâ–ºasing , - tliorit' hoir i 1 10/21/09 BLA Final Minutes Page 7 of 7