SPECIAL PERMIT AND LICENSE BOARD AGENDA August 15, :00 P.M.

Size: px

Start display at page:

Download "SPECIAL PERMIT AND LICENSE BOARD AGENDA August 15, :00 P.M."

Frank Patrick
5 years ago
Views:

1 SPECIAL PERMIT AND LICENSE BOARD AGENDA August 15, :00 P.M. 1. Roll Call 2. Approval of Minutes (July 18, 2018 meeting) 3. Public Hearings and New Business A. Show Cause Hearing Walmart Supercenter #3867 B. Show Cause Hearing Mimi s Café C. Show Cause Hearing Romano s Macaroni Grill D. Show Cause Hearing Rusty Bucket Restaurant & Tavern E. Determination of Probable Cause to Schedule a Show Cause Hearing for Failure to report disturbances at a liquor licensed businesses 4. Miscellaneous Business/Reports 5. Adjournment

2 SPECIAL PERMIT AND LICENSE BOARD MINUTES OF MEETING WEDNESDAY, July 18, 2018, AT 7:00 P.M. ROLL CALL Answering to roll call were Chairperson George Werkmeister, Vice-Chair Sean Forest, and Board members David Amin, Millie DeSmet, Abby Fitch, Geraldine Magill, and Charlene Moe. Board member Ray Tillman was absent. Staff present included Mary Joy Barajas, Deputy City Clerk, Troy Gordanier, Liquor Enforcement Officer and Ron Arguello, Assistant City Attorney. APPROVAL OF MINUTES The minutes from the June 6, 2018 minutes were accepted into the record as published. HOTEL/RESTAURANT LIQUOR LICENSE FOR THE LOST CAJUN RESTAURANT The chair opened a public hearing to consider an application of a hotel/restaurant liquor license for Y & P LLC, dba The Lost Cajun Restaurant, 3013 West 104 th Avenue #100.. Barajas reported that the application was complete and all legal notice requirements had been satisfied. Per Planning, the property is zoned PUD and the sale of alcoholic beverages by the drink for on premise consumption is an allowed use. The file was entered into the record. Liquor Enforcement Officer Troy Gordanier stated that a background check was completed, review of funding documentation, and there was nothing found that would adversely reflect upon their character. The Police Department has no reason to deny the license. Max Scott of Oedipus, Inc., under oath, presented the results of the neighborhood survey. The designated neighborhood boundaries for petitioning purposes were North: 108 th Ave extended, the block north; South: 100 Ave extended, the block north; West: Lowell Blvd. extended, the 3700 block west; East: Clay Street extended, the 2600 block west. The survey results showed 99% of the parties favored the application. Long Yu, owner was sworn in. Yu testified that this is a new franchise with 15 stores nationwide and 3-4 in Colorado. This full-service restaurant will serve family style Cajun food. The restaurant doesn t have a bar, will serve beer and their signature Hurricane drink from a beverage service station. Yu will training in existing Colorado restaurant before the opening of the Westminster franchise. Server will take and deliver order. ID s checked at the time alcohol order. Employees will compete a corporate training program which will be strictly followed. Chairperson Werkmeister seeing there was no one present to testify regarding this item, closed the hearing at 7:32 p.m.

3 Proceedings of the Special Permit and License Board July 18, 2018 Page 2 It was moved by Moe and seconded by Forest to grant a hotel/restaurant liquor license for Y & P LLC, dba The Lost Cajun Restaurant, 3013 West 104 th Avenue #100 based on finding that the application was complete, the hearing was properly posted and advertised, the premise was located in an area where the sale of alcoholic beverages by the drink for on premise consumption, there are eight other hotel/restaurant liquor licenses within the designated neighborhood, there has not been a hotel/restaurant liquor license denied at this location or within 500 feet of it within the preceding two years, and the applicant was of good character based on the report provided by the Westminster Police Department. In addition, the applicant was licensed to do business in Colorado and the desires of the inhabitants of the designated neighborhood indicated there was no objection to the use based on the results of the survey. The motion carried 7-0. BEER AND WINE LIQUOR LICENSE FOR WESTMINSTER HAMPTON INN The chair opened a public hearing to consider an application of a beer and wine liquor license for H.I. Heritage Inn Westminster Opco, LLC, dba Westminster Hampton Inn, 5030 West 88 th Place. Barajas reported that the application was complete and all legal notice requirements had been satisfied. Per Planning, the property is zoned PUD and the sale of alcoholic beverages by the drink for on premise consumption is an allowed use. The file was entered into the record. Liquor Enforcement Officer Troy Gordanier stated that a background check was completed, review of funding documentation appeared proper, and there was nothing found that would adversely reflect upon their character. The Police Department has no reason to deny the license. Max Scott of Oedipus, Inc., under oath, presented the results of the neighborhood survey. The designated neighborhood boundaries for petitioning purposes were: North: 93 rd Ave extended, the 9300 block north; South: 87 th Ave extended, the 8700 block north; West: Gray Court extended, the 6000 block west and; East: Winona Court/Street extended, the 4700 block west. The survey results showed 100% of the parties favored the application. Mark Buenzow, Manager was sworn in. Buenzow testified Hilton is requiring the service of beer and wine. Beer, wine and food items will be sold from the small market. Front desk staff will ID before sale. Consumption will be allowed in rooms and lobby. Limit of two alcohol drinks per transaction. Every door will be posted with notice that alcohol is not allowed beyond that point. Will only serve to registered occupants Chairperson Werkmeister seeing there was no one present to testify regarding this item, closed the hearing at 7:50 p.m.

4 Proceedings of the Special Permit and License Board July 18, 2018 Page 3 It was moved by Magill and seconded by Forest to grant a beer and wine liquor license for H.I. Heritage Inn Westminster Opco, LLC, dba Westminster Hampton Inn, 5030 West 88 th Place based on finding that the application was complete, the hearing was properly posted and advertised, the premise was located in an area where the sale of alcoholic beverages by the drink for on premise consumption, there is one other beer and wine liquor license within the designated neighborhood, there has not been a beer and wine liquor license denied at this location or within 500 feet of it within the preceding two years, and the applicant was of good character based on the report provided by the Westminster Police Department. In addition, the applicant was licensed to do business in Colorado and the desires of the inhabitants of the designated neighborhood indicated there was no objection to the use based on the results of the survey. The motion carried 7-0. HEARING ON 3.2% BEER LICENSE FOR WHOLE FOODS MARKET The chair opened a public hearing to consider an application for Whole Foods Market Rocky Mountain South West LP, dba Whole Foods Market, 4451 Main Street. Barajas reported that the application was complete and all legal notice requirements had been satisfied. Per Planning, the property is zoned PUD (Planned Unit Development) and permits the sale of alcoholic beverages in sealed containers for off-premise consumption. The file was entered into the record. Liquor Enforcement Officer Troy Gordanier was sworn in and reported that an investigation on the applicant was conducted. Funding looked to be in order. A background check was conducted and nothing adverse was found. Whole Foods holds other liquor licenses. The Police Department found no evidence in the investigation to justify denying the requested license. Max Scott of Oedipus, Inc., under oath, presented the results of the neighborhood survey. The designated neighborhood boundaries for petitioning purposes were North: 122 nd Drive extended, the block north; South: 116 th Ave extended, the block north; West: Sheridan Blvd; and East: Lowell Blvd extended. The survey results showed 100% of the parties favored issuance of the requested license. The survey demonstrated a need and a desire for the license to be issued. Attorney Brian Coates asked Scott if these results were comparable to other Whole Foods locations and higher than liquor licensed drug stores. Scott relied that they were. Erin Egbert, manager was sworn in. Attorney Brian Coates led Egbert through a series of questions regarding her tenure with Whole Foods (14 yrs.), experience selling alcohol (worked at Centennial store with 3.2 beer license), their ID policy (everyone under 35), cashier s area always has a manager on floor, and employees must pass vendor training test before they can work as cashier. Store will carry gluten free beer options, local beer, cider and kombucha.

5 Proceedings of the Special Permit and License Board July 18, 2018 Page 4 Chairperson Werkmeister seeing there was no one present to testify regarding this item, closed the hearing at 8:22 p.m. It was moved by Amin and seconded by Magill to grant a 3.2% beer license to Whole Foods Market Rocky Mountain South West LP, dba Whole Foods Market, 4451 Main Street based on finding that the application was complete, the hearing was properly posted and advertised, the premise was located in an area where the sale of alcohol was permissible, there are two other 3.2% beer licenses within the designated neighborhood, there has not been 3.2% beer license denied at this location or within 500 feet of it within the preceding two years, and the applicant was of good character based on the report provided by the Westminster Police Department. In addition, the applicant was licensed to do business in Colorado and the desires of the inhabitants of the designated neighborhood indicated there was no objection to the use based on the results of the survey. The motion carried 7-0 SPECIAL EVENT PERMIT FOR NORTH METRO ARTS ALLIANCE The Chair opened a public hearing to consider an application for a special events permit from the North Metro Arts Alliance on August 5 from 5-8 p.m., at the Aar River Art Gallery, 3707 West 73 rd Avenue. This is the first special events permits for this organization in Barajas advised that the event site had been posted continuously for ten days preceding this hearing no comments had been received in the City Clerk s office as a result of the posting. Detective Gordanier stated there was a site plan designating where liquor will be served and staff will be handling the sales, consumption and possession of the alcohol. Tickets must be purchased and it is a 21 and older event. Nothing was found on the local background check of the applicants that would affect this application, as such there is no reason to deny the special event permit. Becky Silvers was sworn in. Silvers stated that this is a ticketed event which includes a concert, meal and two drink tickets, with the ability to purchase additional drinks. Typically have 100 attendees. Two-three bartenders will ID and serve drinks. Drinks will be served in plastic cups. Seeing no one present to speak on this issue, the meeting was closed at 8:32 p.m. Based on the testimony and evidence provided, Magill made a motion, seconded by Moe to approve the special events permit for the North Metro Arts Alliance for their Garden party fundraiser on August 5 from 5-8 p.m., at the Aar River Art Gallery, 3707 West 73 rd Avenue. The motion carried with a 7-0 vote.

6 Proceedings of the Special Permit and License Board July 18, 2018 Page 5 SPECIAL EVENT PERMIT FOR FAST FORWARD FUTURES The Chair opened a public hearing to consider an application for a special events permit from Fast Forward Futures to hold their Fit Foodie Festival event at Westminster City Park, Sheridan Boulevard on July 28, 2018 from 8 a.m.-11 a.m. This is the first special events permits for this organization in 2018 and the second year for this event. Barajas advised that the event site had been posted continuously for ten days preceding this hearing no comments had been received in the City Clerk s office as a result of the posting. Detective Gordanier stated there was a site plan designating where liquor will be served and staff will be handling the sales, consumption and possession of the alcohol. Tickets must be purchased and it is a 21 and older event. Nothing was found on the local background check of the applicants that would affect this application, as such there is no reason to deny the special event permit. Shannon Koch was sworn in. Koch stated that this is a 5K-10K run/walk/festival. Taste bites can be found along the run/walk route event had 600 registrants, estimating for Must have a race bib to enter Liquor service garden. Will be ID d before they ll be admitted Typically 30% of race participants visit the liquor service garden spoke about this organization and the event. This is a one-hour wine tasting and food will be available during the tasting. Each taste will be one ounce. Event will be held on outside patio area. 250 participants are registered for the tasting. 21 and older event. Everyone will be ID d. Seeing no one present to speak on this issue, the meeting was closed at 7:16 p.m. Based on the testimony and evidence provided, Magill made a motion, seconded by Forest to approve the special events permit for Fast Forward Futures to hold their Fit Foodie Festival event at Westminster City Park, Sheridan Boulevard on July 28, 2018 from 8 a.m.-11 a.m. The motion carried with a 7-0 vote. SPECIAL EVENT PERMIT FOR THE AMERICAN CANCER SOCIETY The Chair opened a public hearing to consider an application for a special events permit from the American Cancer Society to hold a Relay for Life event at Westminster City Park, Sheridan Boulevard on August 18, 2018 from 7 p.m.- 9 p.m. This is the first special events permits for this organization in Barajas advised that the event site had been posted continuously for ten days preceding this hearing no comments had been received in the City Clerk s office as a result of the posting.

7 Proceedings of the Special Permit and License Board July 18, 2018 Page 6 Detective Gordanier stated there was a site plan designating where liquor will be served and staff will be handling the sales, consumption and possession of the alcohol. They have requested 1 off-duty officer. ID s will be checked and a wrist band will be given. Nothing was found on the local background check of the applicants that would affect this application, as such there is no reason to deny the special event permit. Marissa Jones was sworn in. Jones stated that this is the first year for offering alcohol, applying because of requests. Will serve alcohol from 7-9 p.m. Must purchase a $10 wristband. There will be a 2 drink maximum. A responsible vendor trained person will ID and serve. Estimating 250 participants at entire event that runs from 3-11 p.m. Seeing no one present to speak on this issue, the meeting was closed at 8:52 p.m. Based on the testimony and evidence provided, Forest made a motion, seconded by Fitch to approve the special events permit for the American Cancer Society to hold a Relay for Life event at Westminster City Park, Sheridan Boulevard on August 18, 2018 from 7 p.m.-9 p.m. The motion carried with a 7-0 vote. MISCELLANEOUS INFORMATION Barajas updated Board on upcoming hearing dates scheduled for August 15 and 29 th... ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 9:05 p.m. ATTEST: Chairperson Deputy City Clerk

8 Agenda Item 3A Special Permit and License Board Agenda Memorandum Date: August 15, 2018 Subject: Prepared by: Show Cause Hearing to Consider Alleged Sale to a Minor at Walmart Supercenter #3867 Mary Joy Barajas, Deputy City Clerk This show cause hearing was scheduled pursuant to an order from the Special Permit and License Board to consider an alleged March 28, 2018, incident at Walmart Supercenter #3867, 200 West 136 th Avenue, involving the sale of alcohol to a minor in violation of the Colorado Liquor Code and the Westminster Municipal Code. Negotiations are ongoing and if an agreement is reached a copy of a draft Stipulation will be provided. Mr. Jeff Betz, Assistant City Attorney representing the Police Department, will be present to explain any results of negotiations. Attachment - Report of Violation

32 Agenda Item 3B Special Permit and License Board Agenda Memorandum Date: August 15, 2018 Subject: Prepared by: Show Cause Hearing to Consider Alleged Sale to a Minor at Mimi s Cafe Mary Joy Barajas, Deputy City Clerk This show cause hearing was scheduled pursuant to an order from the Special Permit and License Board to consider an alleged March 28, 2018, incident at Mimi s Cafe, Delaware Street, involving the sale of alcohol to a minor in violation of the Colorado Liquor Code and the Westminster Municipal Code. Negotiations are ongoing and if an agreement is reached a copy of a draft Stipulation will be provided. Mr. Jeff Betz, Assistant City Attorney representing the Police Department, will be present to explain any results of negotiations. Attachment - Report of Violation

53 Agenda Item 3C Special Permit and License Board Agenda Memorandum Date: August 15, 2018 Subject: Prepared by: Show Cause Hearing to Consider Alleged Sale to a Minor at Romano s Macaroni Grill Mary Joy Barajas, Deputy City Clerk This show cause hearing was scheduled pursuant to an order from the Special Permit and License Board to consider an alleged March 28, 2018, incident at Romano s Macaroni Grill, Town Center Drive, involving the sale of alcohol to a minor in violation of the Colorado Liquor Code and the Westminster Municipal Code. Negotiations are ongoing and if an agreement is reached a copy of a draft Stipulation will be provided. Mr. Jeff Betz, Assistant City Attorney representing the Police Department, will be present to explain any results of negotiations. Attachment - Report of Violation

59 Agenda Item 3D Special Permit and License Board Agenda Memorandum Date: August 15, 2018 Subject: Prepared by: Show Cause Hearing to Consider Alleged Sale to a Minor at Rusty Bucket Restaurant & Tavern Mary Joy Barajas, Deputy City Clerk This show cause hearing was scheduled pursuant to an order from the Special Permit and License Board to consider an alleged March 28, 2018, incident at Rusty Bucket Restaurant & Tavern, Orchard Parkway #100, involving the sale of alcohol to a minor in violation of the Colorado Liquor Code and the Westminster Municipal Code. Negotiations are ongoing and if an agreement is reached a copy of a draft Stipulation will be provided. Mr. Jeff Betz, Assistant City Attorney representing the Police Department, will be present to explain any results of negotiations. Attachment - Report of Violation

65 WESTMINSTER POLICE DEPARTMENT MEMORANDUM To: Special Permit and License Board Date: April 10, 2018 Subject: Violation of the Liquor Code Prepared by: Det. Troy Gordanier, Liquor Enforcement Officer In November 2017 the Westminster Police Department conducted a review for calls for service on the liquor licensed establishment of the Outpost Bar located at 6921 Lowell Blvd, Westminster, CO Attached is a Memorandum summarizing my review and follow up investigation of calls that are relevant to this request. The investigation revealed eight incidents during 2017 where a disturbance of various kinds occurred and the licensee failed to notify the police department as required. Based on the information contained in the attached Memorandum the Westminster Police Department is requesting a Show Cause Order be issued to licensee for violations of Westminster Municipal Code 6-9-4(B)(1), 6-9-4(A)(1), 6-9-4(A)(3)(d) Conduct Prohibited in Liquor and Beer Establishments and Colorado Revised Statutes Beer and Liquor Code Reg (A) Conduct of Establishment and Reg Consumption Prohibited.

LOCAL LICENSING AUTHORITY Minutes March 2, 2016

LOCAL LICENSING AUTHORITY Minutes March 2, 2016 ROLL CALL The Regular Meeting of the Broomfield Local Licensing Authority was called to order by Chairperson Claussen at 5:32 p.m. on March 2, 2016, in the