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Minutes - Beverage Licensing - November 18, 2009 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY ***MINUTES*** WEDNESDAY, NOVEMBER 18, 2009, 1:00 P.M. BOULDER CITY COUNCIL CHAMBERS MUNICIPAL BUILDING - 2"' FLOOR 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: November 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: David Chevai (present for agenda items 1 to 9), Tim McMurray, Lisa Spalding, 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 October 21, 2009, and Hearing Conductor Assignment Approval for hearing. Roll Call was taken. Four Authority members were present, with Member Steve Wallace being absent, thus there was a four member quorum. Member Spalding provided Mishawn Cook with some changes to the October draft minutes. Member Zessin commented, related to the October draft minutes, that Ms. Cook either should not sign the proposed RHG certificate honoring non-violating licensees or amend any certificate so that it indicates that there are no "known" violations. Ms. Cook replied that she did not intend to sign the RHG certificate. Member Cheval moved, seconded by Spalding, to approve the BLA October 21, 2009 minutes as amended. Motion approved 4:0. Chair McMurray commented that in Member Wallace's absence, McMurray as BLA Chair would take over Wallace's hearing conductor assigninents. Chair McMurray requested public comment on 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 on the agenda. Motion approved 4:0. 11/18/09 BLA Final Minutes Page 1 of 7 2. Matters from the Boulder Police Department (BPD). Detective Heather Frey appeared on behalf of BPD in Officer Carlene Hofmann's absence. Detective Frey advised that Officer Hofmann had a personal matter that had delayed her. Detective Frey provided a summary of the BPD'S policing activities for Halloween night. Detective Frey advised that she had visited all of the licensees who intended to remain open after the first 2AM closing time on Halloween when the daylight savings time change occurred, and she let the licensees know that the BPD requested that the licensees close at the first 2AM closing and that the BPD would provide information on whether they did close to the BLA if a violation hearing were to occur. Detective Frey briefly commented on the memo from BPD command staff's opinion regarding agenda item 6, new Tavern liquor license application for ACES. Member Spalding asked Detective Frey to request that Officer Hofmann provide the Authority with customary monthly reports for MIPs and last drink data, and Detective Frey replied that she would make such request to Officer Hofmann. 3. Matters from the Responsible Hospitality Group (R>EIG). Chris Emma appeared on behalf of the RHG, and Mr. Emma announced at the last RHG meeting an election for RHG officers was held with the following results: Chris Emma, GM with Liquor Mart as President, Iva Townsend, from Big Red F Restaurants tentatively as Secretary, and Jay Lobuis, with Shooters Grill & Bar as Treasurer. Mr. Emma provided a re- cap from his observations on Halloween of the hospitality businesses on that evening. Mr. Emma stated that RHG took part in CU's Homecoming parade, along with Yellow Cab taxis and Pride Mark ambulance, creating a parade presentation to deter DUls. Mr. Emma noted that the outreach meetings are proceeding with two occurring in the next few weeks. Mr. Emma noted that the RHG had no new members this month and that Authority had in their packet the most recent RHG members list. Mr. Emma offered to provide a summary later in the hearing of the Responsible Hospitality Institute conference in Austin, TX that he attended. 4. Public Hearing and Consideration of a September 17, 2009 application from Circle 7, LLC d/b/a Circle, 1035 Pearl Street, Suite 100, Boulder, CO; Steven Abramowitz, Managing Member and Registered Manager, and Dustin Brophy, Managing Member, with a premise business mailing address, for a Transfer of Ownership of a Hotel- Restaurant type liquor license. Member Cheval was the designated hearing conductor. Steven Abramowitz, applicant's principal owner, and Dustin Brophy, applicant's co-owner and registered manager, were both sworn in, testified regarding this transfer, and each confirmed under oath the required 10 day posting. Hearing procedures were read in this matter. No ex-parte communications or conflicts of interest were disclosed. The Authority members and Messrs. Abramowitz and Brophy discussed the 25% meal to total food/alcohol ratio for hotel-restaurants and zoning condition closing hours. No third parties requested interested party status and no public comment was given. Chair McMurray moved, seconded by Spalding, to approve this transfer of ownership of a hotel-restaurant liquor license application. Motion approved 4:0. 11/1S/09 BLA final Minutes Page 2 of 7 5. Public Hearing and Consideration of a September 21, 2009 application from Zanmai 7, LLC d/b/a The Sushi Spot, 1116 13'11 Street, Boulder, CO; Kristin Stordahl, Owner, and Naoto Kanda, Registered Manager, with a business mailing address of 7458 Mount Sherman Road, Longmont, CO, for a Transfer of Ownership of a Hotel- Restaurant type liquor license. Chair McMurray was the designated hearing conductor. Hearing procedure reading was waived by the applicant. Kristin Stordal-, applicant principal owner, Naoto Kanda, applicant registered manager, and Jeremy Perkins, applicant's proposed general manager, were all three sworn in, each provided testimony about this transfer, and Ms. Stordahl confirmed premise posting for the required 10 day period. No ex-parte communication or conflicts of interest were disclosed by Authority members. Ms. Stordahl, Mr. Kanda, and Mr. Perkins described the restaurant operations and the location of alcohol storage. In reply, Mishawn Cook noted that the applicant should apply for a retail warehouse storage permit for the basement storage area. No third parties requested interested party status and no public comment was given. Member Zessin moved, seconded by Cheval, to approve this transfer of ownership of a hotel-restaurant liquor license application. Motion approved 4:0. 6. Public Hearing and Consideration of a September 21, 2009 application from Rebecca Gale Bryant d/b/a Aces, 1915 Broadway, Boulder, CO; Rebecca Bryant, Owner, and Terry Bryant, Registered Manager, with business mailing address of 133 Overland Court, Lafayette, CO, for New Tavern type liquor license. Member Spalding was the designated hearing conductor. Terry Bryant, applicant's proposed registered manager, was sworn in, testified regarding this new license application, and confirmed premise posting for the required 10 day period. Mishawn Cook noted that the Authority and Mr. Bryant had received a memo from BPD Police Chief Mark Beckner which indicated that additional law enforcement resources would be needed if this new Tavern liquor license was approved, which was accepted as agenda item 6, exhibit 1. Hearing procedures were read to Mr. Bryant. 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. Mr. Bryant and Authority members discussed Mr. Bryant's background with management of sports bars. The Authority members, Sandra Llanes, and Mr. Bryant discussed the results of Mr. Bryant's criminal background check and a prior liquor license violation for contaminated bottles in California. Mr. Bryant noted that he was concerned about this location's prior operational characteristics and was concerned about the submitted BPD memo, agenda 6, exhibit 1. The Authority members and Mr. Bryant discussed the concentration of current Tavern licenses as described in the preliminary findings submitted. The Authority members and Mr. Bryant discussed the petitioning completed, noting that only 42 petition signatures from businesses were submitted and that no petitioning from residents in the designated Neighborhood were obtained. The Authority members and Mr. Bryant discussed private party rentals, including to fi•aternities and sororities, of the location. Mr. Bryant also mentioned that he planned to have 18 and over nights at this location. Detective Frey with 1 I/18/09 BLA Final Minutes Page 3 of 7 BPD provided comment concerning past and anticipated enforcement operations at this location and surrounding Tavern licenses, and related to private parties in Boulder. Member Cheval moved, seconded by McMurray, to find that there is an undue concentration of Tavern liquor licenses in the vicinity of 1915 Broadway. Motion approved 4:0. Member Cheval moved, seconded by McMurray, to find that there is no evidence that the designated Neighborhood resident's needs and desires would require a New Tavern liquor license at 1915 Broadway. Motion approved 4:0. Member Cheval moved, seconded by Zessin, to deny this new Tavern liquor license application based on the Authority's findings of undue concentration of Tavern liquor licenses and the lack of Neighborhood needs and desires. Application denied 4:0. 7. Public Hearing and Consideration of a September 25, 2009 application from The Noodle Shop, Co. - Colorado, Inc. d/b/a Noodles and Company, with a current premise address of 2770 Pearl Street, Boulder, CO; TNSC, Inc., 100% Owner, and Keith Kinsey, President, with a business mailing address of 520 Zang Street, Suite D, Broomfield, CO, for a Change of Location to New Address of 1600 28"' Street, Suite 1208, Boulder, CO for a Hotel-Restaurant type liquor license. In Member Wallace's absence, Chair McMurray acted as the hearing conductor. Kim DeLuca, Esq. appeared as the applicant's attorney. Michael Schranck, current restaurant location's registered manager, was sworn in and testified concerning this change of location. Max Scott with Oedipus, Inc. was sworn in and testified concerning the petition results for this change of location. Mishawn Cook noted for the Authority that Oedipus, Inc's affidavit of premise posting and a photo of the posting was included in the Authority's hearing packet. No ex-partc 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 moved, seconded by Zessin, to approve this change of location application to new address of 1600 28'h Street, Suite 1208 for the hotel-restaurant liquor license. Motion approved 4:0. 8. Public Hearing and Consideration to determine if there is good cause for a non- renewal of an October 14, 2009 License Renewal Application from Akiyama, Inc. d/b/a Akiyama Bar and Grill, 6525 Gunpark Drive, Suite 330, Boulder, CO; Zhu (Judy) Harris, President and Registered Manager, and Todd Harris, Secretary, with a premise business mailing address, for a Hotel-Restaurant type liquor license. Member Zessin was the assigned hearing conductor. Zhu (Judy) Harris, licensee co-owner and registered manager, was sworn in, testified concerning this renewal, and Ms. Harris confirmed under oath premise posting for the required 10 day period. Hearing procedures were read to Ms. Harris. No ex-parte communications or conflicts of interest were disclosed by the Authority members. The Authority members and Ms. Harris discussed the late filing of this renewal. No third parties requested interested party status and no public comment was given. Chair McMurray moved, seconded by Cheval, to approve this hotel-restaurant liquor license renewal application. Motion approved 4:0. 9. Matters from the Licensing Clerk. ] 1/] 8/09 BLA Final Minutes Page 4 of 7 A) Neighborhood Boundaries for BLA December 16. 2009 Nearint_!: i) Courtyard by Marriott: Hotel-Restaurant Perm. Modification- 4710 E. Pearl Cir. Mishawn Cook noted that suggested boundaries had been received from this applicant and a map with these boundaries was included in the Authority's packet. The Authority members discussed the following boundaries: Iris on the North, Arapahoe Avenue on the South, 28d' Street on the West, and Airport Road extended on the East. Member Cheval moved, seconded by McMurray, to set the Neighborhood boundaries for this application as above listed. Motion approved 4:0. ii) Cafe Boulder- New Hotel-Restaurant license- 182130"' Street Mishawn Cook noted that suggested boundaries had been received from this applicant and a map with these boundaries was included in the Authority's packet. The Authority members discussed the following boundaries: Valmont Road on the North, Baseline Road on the South, 20"' Street extended on the West, and Eisenhower Drive extended on the East. Member Spalding moved, seconded by Zessin, to set the Neighborhood boundaries for this application as above listed. Motion approved 4:0. iii) Caffe Sole: New Beer and Wine license- 637 R. South Broadway Mishawn Cook noted for the Authority that Murphy's location was in the same shopping center and she provided the boundaries for that location. The Authority members discussed the following boundaries: Dartmouth Avenue to Broadway to 27"' Way to Hwy 36 on the North, City Limits on the South, City Limits on the West, and Hwy 36 to Moorhead Circle extended on the East. Chair McMurray moved, seconded by Cheval, to set the Neighborhood boundaries for this application as above listed. Motion approved 4:0. iv) Bacco Trattoria Boulder: New Hotel-Restaurant license- 1200 Yarmouth Ave. Mishawn Cook noted for the Authority that Organic Orbit was the former licensee in this location and she provided the boundaries for that licensee. The Authority members discussed the following boundaries: City Limits on the North, Linden extended on the South, City Limits on the West, and 28'1' Street to Hwy 36 on the East. Chair McMurray moved, seconded by Cheval, to set the Neighborhood boundaries for this application as above listed. Motion approved 4:0. B Information Items: i) November Special Events and Temporary Modifications for 2009 Mishawn Cook noted that she had included the list for this month's special event liquor permits and temporary modifications at licensed premises for events in the Authority's packet. ii) CAO Input and BLA Timeline for: a) Honoring Licensees w. no violations, b) BLA evening hearing, c) License renewal hearings for 1" year licensees, and d) BLA selection of violation suspension days 11/18/09 BLA Final Minutes Page 5 of 7 Mishawn Cook, Sandra Llanes; and the Authority members discussed four changes that would not require changes to the BLA Rules of Procedure. Ms. Llanes advised that, because city council had already provided direction indicating that they wanted city boards and commissions to have evening meetings, the Authority might convene evening hearings as of January 1. The Authority members discussed start times for evening meetings, and determined that, because several of the first items on any hearing docket are administrative items so are not open to public comment, that their first choice for a start time is 4PM, with a second choice of a start time of SPM. Sandra Llanes further advised, related to the other theee items, those of RHG certificates for compliant licensees, renewal hearings for 1st year licensees, and BLA selection of suspension days, that city council should be apprised of the BLA's input before any change is made, because these beverage licensing changes originally went to city council as study session options. Member Zessin asked Mishawn Cook when these licensing changes were expected to go back to council as an agenda item, and Ms. Cook replied that they would not go back until the end of 2010 because these changes would be coordinated with zoning law changes. The Authority members expressed their hesitancy in not proceeding with any of these other three licensing changes until the end of 2010, noting that if they made these changes sooner, that they could then be prepared to provide council with some data by the end of 2010 on the changes. Member David Cheval then departed from the hearing. 10. Matters from the Assistant City Attorney Sandra Llanes, Mishawn Cook, and the Authority members discussed the certified mailing and hearing notice issues related to the October BLA hearing, and assistant city attorney Deb Kalish's suggestion made during the October hearing, to change the requirements in the BLA Rules of Procedure to allow U.S. Mail delivery of hearing notices. 11. Matters from the Chair and Members of the Authority A) Debriefing from this hearing B} Other matters from the Chair and Members Chris Emma, RHG President, provided a summary of his recent trip on behalf of the RHG to Austin, TX to attend the annual Responsible Hospitality Institute conference. Mr. Emma offered to loan BLA members his conference materials, stated that he would provide an overview of the conference to other RHG members at their meeting the next day, and discussed at length the concept that several other cities are undertaking, that of a paid staff position to act as a liaison between city governments and hospitality licensees to encourage economic development, legal compliance, and communication between all parties. Ms. Cook suggested that Mr. Emma might suggest the city's economic vitality coordinator, Liz Hanson, to discuss the ideas discussed at the conference. 11/ 18/09 BLA Final Minutes Page 6 of 7 ADJOURNMENT The three Authority members discussed that they should adjourn, thus BLA hearing was adjourned at 3:56 p.m. TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS i~ 7rpr 1:00 PM - 3'Wednesday of Every Month in City Council Chan hers tof? c Attested: Aplir~,) cc Mishawn J. Cook, Deputy City Clerk Bevera i L cen A lrority hair 11/18/09 BLA Final Minutes Page 7 of 7