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Minutes - Beverage Licensing - 4/20/2011 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY ***MINUTES*** WEDNESDAY, APRIL 20,2011,4:00 P.M. BOULDER CITY COUNCIL CHAMBERS MUNICIPAL BUILDING - 2na FLOOR 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: April 20, 2011 NAME/TELEPHONE OF PERSON PREPARING SUMMARY: Mishawn J. Cook-Tax and License Manager (303-441-3010) NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Lisa Spalding, Richard Tucker, Harriet Vincent Barker and Dave Zessin. Staff Present: Sandra Llanes, Assistant City Attorney, Mishawn J. Cook, Tax and License Manager, and Terri Aylward, Licensing Assistant QUASI-JUDICIAL MEETING OUTLINE OF AGENDA 1. Swearing in of New BLA Member, Harriet Vincent Barker; Member Roll Call; BLA Chair and Vice Chair Election; Approval of Beverage Licensing Authority (BLA) Minutes from March 16, 2011; and Hearing Conductor Assignment Approval. Harriet Vincent Barker was sworn in. Roll call was completed. Four of the five the BLA members were present, with Member Tim McMurray absent. Member Tucker provided changes, via phone, and Spalding provided written changes to the March 16th minutes. Member Spalding moved, Tucker seconded, to approve the March 16, 2011 hearing minutes as amended. Motion approved 3:0, Member Vincent Barker abstained, since she was not yet a member. Member Tucker disclosed that he had a brief phone conversation with Mr. Naim Aweda of Baileys Wine and Spirits. Mr. Tucker stated that told Mr. Aweda that it was inappropriate for him to have an ex-parte conversation with him. He did encourage Mr. Aweda to attend a future meeting, if he wanted to make a statement. Mr. Tucker did report the conversation to Ms. Hanes the following day. BLA Final 04.20.11 Minutes Page 1 of 8 Chair Zessin requested comments on the hearing conductor assignments for this hearing, but none were provided. Member Tucker moved, Spalding seconded, to approve the hearing conductor assignments for this hearing. Motion approved 4:0. Election of chair and vice chair were moved to the May 18, 2011 meeting. Kevin Coates, attorney for 7-11, requested that his clients' items, 7 and 11, both be heard together. Member Spalding moved, Tucker seconded, to move item 7 to be heard after item 10. Motion approved 4:0. 2. Matters from the Boulder Police Department. Officer Carlene Hofmann did compliance checks on St. Patrick's Day and had zero violations. Compliance checks were also done the weekend previous to the meeting and out of 32 checks, there were three violations. 3. Matters from the Responsible Hospitality Group. Iva Townsend appeared on behalf of the RHG. ID and door staff training is being scheduled for next week. Planning to do another training in mid-May. Currently looking for volunteers as officer replacements for 2012, to begin training now. Received award certificates from Mishawn Cook for licensees that have gone 10 or 20 years without an alcohol violation. Conducting outreach and collaboration with ARA in Fort Collins, an organization similar to RHG. Placing an RHG advertisement in Daily Camera, congratulating CU grads and asking them to celebrate responsibly, listing all RHG members. RHG is working on Yellow Cab partnership, called Priority Taxi Line Program, which came from Fort Collins ARA, where RHG members can call Yellow Cab and have their guests placed higher on the pickup list. RHG Members that no longer have an active membership are being contacted by Chris Emma and Iva Townsend, via email and then phone. RHG members have requested that the BLA consider no alcohol violations in the last 5-10 years to be considered a mitigating factor. Next RHG meeting is Wednesday, May 4, 2011, at 2:30 p.m. at Bacco Trattoria. Active members on agenda include, Shooters Grill and Bar (Item #4), Cured Wines (Item #13), and Cut 1035 (Item #14). As of April 6, the last RHG meeting, there are 57 active members. 4. Show Cause Hearing concerning an August 1, 2010 to December 31, 2010 violation and whether the Hotel-Restaurant liquor license type liquor license held by The Reef Piano Bar & Grill, Inc. d/b/a Shooters Grill and Bar, 1801 13th Street, Suite 190, Boulder, CO 80302, should be suspended or revoked. Member Tucker was the hearing conductor. Vince Linden, Esq., appeared as the licensee's attorney. Brad Hogan was sworn in. Bob Keatley, of the BPD, stated that the authority members received a joint motion to withdraw the show cause. Mr. Keatley showed the BLA that the reasons for the withdrawal were listed on the motion. Member Tucker asked Mr. Linden if he had anything to add. Mr. Linden proceeded to review the incidences that lead up to the current show cause and the inaccuracies on the affidavit. Mr. Tucker asked BLA Final 04.20.11 Minutes Page 2 of 8 Mr. Linden the relevance of his comments, to which Mr. Linden stated that he was responding to an inquiry for comment and that the BLA has the duty to find out how the matter came before them. Chair Zessin asked if they could stop receiving the reports from Mr. Hogan. Sandra Llanes stated it was a condition of their renewal and there isn't a way to remove it. Mr. Linden asked that the records only be available to the clerk and authority members. Ms. Hanes agreed to work with Mr. Linden to come up with an answer and report back to the BLA at the next meeting. Member Spalding made the comment that she would like show cause actions to be carefully reviewed before they are presented to the BLA. Member Spalding moved, Vincent-Barker seconded, to approve the joint motion to withdraw the show cause. Motion approved 4:0. Patrick Tooley, Esq. made some additional comment regarding Colorado Open Records law. 5. Show Cause Hearing concerning a December 4, 2010 violation and whether the Beer and Wine type liquor license held by Naka, LLC d/b/a Aloy Thai Cuisine (formerly Chy Thai Cuisine), 2720 Canyon Boulevard, Boulder, CO 80302, should be suspended or revoked Chair Zessin was the hearing conductor. No ex-parte communications or conflicts of interest were disclosed by Authority members. Patrick Tooley, Esq., appeared as the licensee's attorney. Arisa Nakapadungsuk and Bo Rain were sworn in. Bob Keatley, BPD prosecutor, stated that a stipulation had been reached in this matter and communication was timely. Mr. Tooley confirmed that the licensee agreed to waive the reading of the procedures. Member Spalding moved, seconded by Tucker, to accept the stipulation in this matter. Motion approved 4:0. Mr. Tooley provided a statement of mitigation, on behalf of his client. Training materials were updated. Copy of the ticket was posted for all employees to see. Mr. Tooley requested a fine in lieu of suspension. Member Spalding inquired about the hiring dates and training for the employees. Bo Rain stated that training was done after they received their liquor license and a second one was done, after the violation was received. The employee sited for the violation is still an employee. Member Tucker moved, seconded by Spalding, to set the penalty for this violation at 14 days with 5 suspension days served and 9 days held in abeyance. Motion approved 4:0. The licensee requested to serve the 5 suspension days from April 24 to April 28. Member Spalding moved, seconded by Tucker, that the 5 suspension days should be served from April 24 to April 28, 2011. Motion approved 4:0. 6. Show Cause Hearing concerning a February 11, 2011 violation and whether the Hotel-Restaurant type liquor license held by Tortilleria El Rey, Inc. d/b/a Tortilleria El Rey, 2966 Valmont Road, Boulder, CO 80301, should be suspended or revoked. In absence of Member McMurray, Member Spalding was the hearing conductor. No ex-parte communications or conflicts of interest were disclosed by Authority members. Mirea Sosa, owner's business manager, was sworn in and provided testimony. Bob Keatley, BPD prosecutor, stated that a stipulation had been reached in this matter and communication was timely. Ms. Sosa confirmed that she agreed to waive the reading of the procedures. Chair Zessin moved, seconded by Tucker, to accept the stipulation in this matter. Motion approved 4:0. BLA Final 04.20.11 Minutes Page 3 of 8 The waitress ticketed for the violation was not trained prior to employment in January 2010, and did not take the TIPS training until the week prior to the hearing. Member Tucker moved, seconded by Spalding, to set the penalty for this violation at 14 days with 5 suspension days served and 9 days held in abeyance. Motion approved 4:0. The licensee requested to serve the 5 suspension days from April 25 to April 29. Member Spalding moved, seconded by Tucker, that the 5 suspension days should be served from April 24 to April 28, 2011. Motion approved 4:0. 7. Show Cause Hearing concerning a February 11, 2011 violation and whether the 3.2% Beer Off-Premise type liquor license held by 7-Eleven, Inc. d/b/a Seven Eleven Store 13164, 2605 Valmont Road, Boulder, CO 80304; should be suspended or revoked. This item was heard after agenda item 10 in conjunction with agenda item 11. Kevin Coates, Esq. appeared as applicant's attorney. Member Spalding was the hearing conductor. Member Spalding confirmed that there were no ex-parte communications and no conflicts of interest. Allen Young, store manager and field consultant was sworn in and provided mitigating evidence testimony. Bob Keatley advised that a stipulation had been reached. Mr. Coates confirmed stipulating to the facts and waived the procedure reading. Chair Zessin moved, seconded by Vincent-Barker, to accept the stipulation. Motion approved 4:0. Member Tucker moved, seconded by Vincent-Barker, to set the penalty for this violation at 3 suspension days served with 11 days held in abeyance for 1 year. Motion approved 4:0. Mr. Young requested to be allowed to serve the 3 day suspension from April 24 to 26. Chair Zessin moved, seconded by Vincent- Barker, to direct that the 3 suspension days be served from April 24 to 26, 2011. Motion approved 4:0. 8. Show Cause Hearing concerning a February 11, 2011 violation and whether the Hotel-Restaurant type liquor license held by Hungry Toad, Inc d/b/a Hungry Toad, 2543 N. Broadway, Boulder, CO 80302, should be suspended or revoked. Member Tucker was the hearing conductor. Member Tucker confirmed that there were no conflicts of interest or ex-parte communications. Terry Morton, restaurant owner, and Eric Patscke, restaurant manager, were sworn in and provided mitigating evidence. Bob Keatley advised that a stipulation had been reached. Mr. Morton confirmed stipulating to the facts and waived the procedure reading. Member Spalding moved, seconded by Vincent-Barker, to accept the stipulation to the facts. Motion approved 4:0. Member Spalding moved, seconded by Vincent-Barker to set the penalty at 2 suspension days served with 12 days held in abeyance for 1 year. The Authority members further discussed the mitigating evidence as to training and written procedures. Motion approved 3:1 with Tucker opposed. Mr. Morton requested to be allowed to serve 2 day suspension from April 24 to 25. Member Vincent-Barker moved, seconded by Spalding, to set the penalty for this violation at 2 suspension days served with 12 days held in abeyance for 1 year. Motion approved 4:0. BLA Final 04.20.11 Minutes page 4 of 8 9. Show Cause Hearing concerning a February 11, 2011 violation and whether the 3.2% Beer Off-Premise type liquor license held by Cono-Services, Inc. d/b/a Conoco/ Circle K 2706510 Store, 3000 28th Street, Boulder, CO 80301, should be suspended or revoked. Chair Zessin was the hearing conductor. Chair Zessin confirmed that there were no conflicts of interest or ex-parte communications. Steve Lee, Esq. appeared as the licensee's attorney. Steve Atzmiller, district manager, and Christina Reed, store manager, were both sworn in and provided mitigating evidence testimony. Bob Keatley advised that a stipulation had been reached. Mr. Lee confirmed stipulating to the facts and waived the procedure reading on behalf of his client. Member Vincent-Barker moved, seconded by Tucker, to accept the stipulation to the facts. Motion approved 4:0. Chair Zessin moved, seconded by Tucker, to set the penalty for this violation at 3 suspension days served with 11 days held in abeyance for 1 year. Motion approved 4:0. Mr. Lee requested to be allowed to serve 3 day suspension from April 25 to 27. Member Vincent-Barker moved, seconded by Spalding, to direct that the 3 suspension days be served from April 25 to 27, 2011. Motion approved 4:0. 10. Show Cause Hearing concerning a February 11, 2011 violation and whether the Hotel-Restaurant type liquor license held by Courtyard II Associates LP and Courtyard Management d/b/a Courtyard by Marriott, 4710 East Pearl Circle, Boulder, CO 80301, should be suspended or revoked. In the absence of Member McMurray, Chair Zessin was the hearing conductor. Chair Zessin confirmed that there were no conflicts of interest or ex-parte communications. Jon Stonbraker, Esq. appeared as the licensee's attorney. Fred Warren, hotel registered manager, was sworn in and provided mitigating evidence testimony. Bob Keatley advised that a stipulation had been reached. Mr. Warren confirmed stipulating to the facts and waived the procedure reading. Member Tucker moved, seconded by Vincent- Barker, to accept the stipulation to the facts. Motion approved 4:0. Member Spalding moved, seconded by Vincent-Barker, to set the penalty for this violation at 3 suspension days served with 11 days held in abeyance for 1 year. Motion approved 4:0. Mr. Stonbraker requested to be allowed to pay a fine in lieu of suspension served. Member Spalding moved, Vincent-Barker seconded, to decline to accept a fine in lieu. Motion approved 4:0. Mr. Stonbraker then requested to be allowed to serve 3 day suspension from April 22 to 24. Member Spalding moved, seconded by Vincent-Barker, to direct that the 3 suspension days be served from April 22 to 24, 2011. Motion approved 4:0. 11. Public Hearing and Consideration to determine if there is good cause for a non-renewal of a January 4, 2011 License Renewal Application from 7-Eleven, Inc. d/b/a Seven Eleven Store 13164, 2605 Valmont Road, Boulder, CO 80304; Paul Rostron, Senior Vice President, Mike Blair, Vice President, Robert Cozens, Vice President, and Robert Devening; Director, with a business mailing address of 5600 S. Quebec Street, Suite 200 C, Greenwood Village, CO, 80111, for a 3.2% Beer Off-Premise type liquor license. Member Spalding was the hearing conductor. No ex-parte communications or conflicts of interest were disclosed by Authority members. Mishawn Cook explained that this renewal was before the BLA due to lack of training evidence information. Kevin Coates, Esq. appeared as the licensee's attorney. Allen Young, store manager and field consultant, confirmed that he remained sworn in from the prior hearing, confirmed 10 day premise posting, and provided information about how operations have been changed BLA Final 04.20.11 Minutes Page 5 of 8 since filing this renewal. No public comment was provided and no third parties requested interested party status. Chair Zessin moved, seconded by Tucker, to approve this 3.2% beer off-premise liquor license. Motion approved 4-0. 12. Public Hearing and Consideration to determine if there is good cause for a non-renewal of a February 22, 2011 License Renewal Application from Naka LLC d/b/a Aloy Thai Cuisine, 2720 Canyon Boulevard, Boulder, CO, 80302; (formerly Chy Thai Cuisine); Sorawee Nakapadungsuk, Owner and Manager of Record, with a premise business mailing address, for a Beer and Wine type liquor license. Member Tucker was the hearing conductor. No ex-parte communications or conflicts of interest were disclosed by Authority members. Arisa Nakapadungsuk and Bo Rain were sworn in, confirmed premise posting for 10 days, and provided testimony related to this renewal. Member Tucker read the hearing procedures. No public comment was provided and no third parties requested interested party status. The Applicants confirmed lease continuation for a five year period. Chair Zessin moved, seconded by Spalding, to approve this Beer and Wine liquor license renewal. Motion approved 4-0. 13. Public Hearing and Consideration of a February 11, 2011 application from Cured Wines, LLC d/b/a Cured Wines, 1825 B Pearl Street, Boulder, CO 80302; William Frischkorn, Owner and Manager of Record, with a business mailing address of 2705 Juniper Avenue, Boulder, CO 80304, for a new Retail Liquor Store type liquor license. Chair Zessin was the hearing conductor. Michael Wussow, Esq. appeared as the applicant's attorney. Will Frischkorn, location owner, was sworn in and confirmed premise posting for 10 days, and provided testimony related to the proposed new license. Max Scott with Oedipus Petitioning was sworn in and testified regarding the petition results. No public comment was provided and no third parties requested interested party status. Members Tucker and Spalding noted that a letter of support had come from Jeffrey Woodruff, whom they both know, but that they felt that they could both impartially deliberate on this item. No other ex-parte communications or conflicts of interest were disclosed by Authority members. Member Tucker moved, seconded by Spalding, to approve this new Retail Liquor Store liquor license. Motion approved 4-0. 14. Public Hearing and Consideration of a February 11, 2011 application from 1035 B, LLC d/b/a Cut 1035, 1035 Pearl Street, Suite 101B, Boulder, CO 80302; Mara Soutiere, CFO, H. Peter Soutiere, CEO, Herbert Abbot, Member, and Michael Bosma, Member and Registered Manager, with a business mailing address of 263 Keystone Court, Boulder, CO 80304, for a new Tavern type liquor license. In Member McMurray's absence, Member Tucker agreed to act as the hearing conductor. No ex-parte communications or conflicts of interest were disclosed by Authority members. Mara Soutiere, location co- owner, was sworn in, confirmed premise posting for 10 days, and provided testimony related to the new license application and on petition results. The Authority noted that this would be a 35 seat restaurant. No public comment was provided and no third parties requested interested party status. Member Spalding moved, seconded by Zessin, to approve this new Tavern liquor license, under condition that if the character of the establishment changes that the applicant file a change, alter, and modify application for BLA hearing. Ms. Soutiere agreed to this condition to return to a BLA hearing if the establishment were to undergo a character change. Motion approved 4-0. BLA Final 04.20.11 Minutes Page 6 of 8 15. Public Hearing and Consideration of a February 15, 2011 application from Los Oasis LLC d/b/a Los Oasis Latin Grill & Cerveceria, 2027 13th Street, Boulder, CO 80302; Kraig Forbes, Owner, and George Hanna, Manager Owner and Registered Manager, with a premise business mailing address for a new Brew Pub type liquor license. In Member McMurray's absence, Chair Zessin was the hearing conductor. No ex-parte communications or conflicts of interest were disclosed by Authority members. George Hanna, location co-owner, was sworn in, confirmed premise posting for 10 days, and provided testimony related to the new license application. Mr. Hanna waived procedure reading. Carol Johnson with Esquire Petitions was sworn in and provided testimony on the petition results. No public comment was provided and no third parties requested interested party status. Chair Zessin moved, seconded by Vincent-Barker, to approve this new Brew Pub liquor license. Motion approved 4-0. 16. Matters from the Assistant City Attorney: Ms. Llanes welcomed Member Harriett Vincent-Barker and offered to answer any questions that BLA members might have. 17. Matters from the Licensing Clerk: A) Neighborhood Boundaries for BLA May 18, 2011 Hearing: i) 3 Margaritas XXX - New Hotel-Restaurant liquor license at 3390 28th Street, Boulder, CO 80301 The Authority members discussed the following boundaries for this application: Violet Extended on the North, Edgewood to Valmont Extended on the South, 19th Street on the West, and 47th Street on the East. Member Spalding moved, seconded by Vincent-Barker, to set boundaries for this application as above described. Motion approved 4:0. ii) Laughing Goat Coffeehouse - Permanent Modification to a Beer and Wine liquor license at 1709 Pearl Street, Boulder, CO 80302 The Authority members discussed the following boundaries for this application: Maxwell to High to Sunset to Bluff on the North, Arapahoe Avenue Extended on the South, 9th Street on the West, and Folsom Street on the East. Member Spalding moved, seconded by Tucker, to set the boundaries for this application as above described. Motion approved 4:0. iii) Minglewood - New Hotel-Restaurant liquor license at 1606 Conestoga Street, Suite 3, Boulder, CO 80301 The Authority members discussed the following boundaries for this application: Pearl Parkway on the North, Baseline Road on the South, Foothills Parkway on the West, and City Limits on the East. Member Tucker moved, seconded by Spalding, to set the boundaries for this application as above described. Motion approved 4:0. BLA Final 04.20.11 Minutes Page 7 of 8 B) Informational Items: i) April 2011 Special Events and Temporary Modifications list. There were no questions related to the special event and temporary modification list. ii) Emails to BLA members concerning board and commission membership. Mishawn Cook noted that the BLA members had been provided an email about this topic. Mishawn Cook noted that the BLA members had received an email regarding reporter Heath Urie's two requests to interview BLA members and regarding Tim McMurray's absence from this hearing, and the 18. Matters from the Chair and Members of the Authority A) Debriefing from this hearing No matters were mentioned. B) Other matters from the Chair and Members Member Tucker requested a laminated map and said that he would be out for the June hearing. Member Vincent-Barker mentioned that she would be out for the May hearing. No further discussion was undertaken related to above sub-items A or B. ADJOURNMENT Member Tucker moved, seconded by Spalding, to adjourn this hearing, thus the Authority hearing was adjourned at 8:45p.m. TIME AND LOCATION OF ANY FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS 4:00 PM - 3rd Wednesday of Every Month in City Council Chambers for year of 2011 Attested: Approved: Mishawn J. Cook, Deputy City Clerk everage en~~g Authority Chair BLA Final 04.20.11 Minutes Page 8 of 8