\ Gary Berlin LOCAL LICENSING AUTHORITY. colon. yum]: LocAL LICENSING-AUTHORITY BUSINESS"
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1 ,_ VINO 0 \i.a 1', 0 yum]: - 0 '~ colon LOCAL LICENSING AUTHORITY M Meeting Convened at 5:30 pm.- \ Gary Berlin Guyleen Castriotta, Alternate Ken Claussen Kim Groom \\\\\ Leon Murray Mike Shelton Jacob Starkovich, Alternate Minutes March 7, 2018 Also present were: Deputy City & County Attorney Pat Gilbert Municipal Prosecutor Karl Frundt Deputy City Clerk Sherry Kyle DISPOSITIQ N OF MINUTES a. Approval of Minutes - Februam 7, 2018 Approved. LocAL LICENSING-AUTHORITY BUSINESS" a. WITHDRAWN b. DELVICKIOS BROOMFIELD, LLC d/b/a DELVICKIOS Show Cause Hearing Re: Alleged Violation of Colorado Revised Statute (5)(a)( ); and BMC Isaac Gonzalez, Owner, was present on behalf of the Licensee. Members Murray, Shelton, Claussen and Berlin inquired about the violation, changes in serving alcohol, and if there were violations at other locations. Mr. Gonzalez responded to Authority inquiries on the violation, changes in store practices.
2 Page2 SECONDED THAT THE PROPOSED FINDINGS BE ADOPTED, AS STIPULATED; AND THAT THE SHOW CAUSE HEARING IN THIS MATTER SCHEDULED FOR 5:30 P.M., MARCH 7, 2018, BE VACATED. THE MOTION PASSED WITH AUTHORITY MEMBERS CLAUSSEN, GROOM, MURRAY, SHELTON, AND STARKOVICH VOTING AYE AND AUTHORITY MEMBER BERLIN VOTING NO. THAT THE LOCAL LICENSING AUTHORITY IMPOSE A SUSPENSION OF TEN (10) DAYS, WITH SIX (6) DAYS TO BE HELD IN ABEYANCE IF NO FURTHER VIOLATIONS OCCUR ON OR BEFORE DECEMBER 13, 2018 AND PAYMENT OF A FINE IN LIEU OF FOUR (4) DAYS SUSPENSION IN ACCORDANCE WITH STATE STATUTES; AND LICENSEE WILL PROVIDE DOCUMENTATION REGARDING TRAINING COMPLETED BY EMPLOYEES. THE MOTION PASSED WITH AUTHORITY MEMBERS CLAUSSEN, GROOM, MURRAY, SHELTON, AND STARKOVICH VOTING AYE, AND AUTHORITY MEMBER BERLIN VOTING NO. 0. MOUNTAIN RETREAT ASSOCIATES INC. d/b/a HILLTOP INN - GUEST HOUSE & SUITES Show Cause Hearing Re: Alleged Violation of Colorado Revised Statute (5){a)( ); and BMC Chairperson Berlin advised that at the February 7, meeting, the Authority issued a Show Cause John Odde, Owner, and Ron Nadel, Manager, were present on behalf of the Licensee. Members Murray and Shelton inquired about the violation and changes made to the restaurant. Mr. Odde and Mr. Nadel responded to Authority questions regarding the violation and changes in serving alcohol. I SECONDED THAT THE PROPOSED FINDINGS BE ADOPTED, AS STIPULATED; AND THAT THE SHOW CAUSE HEARING IN THIS MATTER SCHEDULED FOR 5:30 P.M., MARCH 7, 2018, BE VACATED. THE MOTION PASSED UNANIMOUSLY WITH MEMBERS BERLIN, CLAUSSEN, GROOM, MURRAY, SHELTON, AND STARKOVICH VOTING AYE. AUTHORITY MEMBER MURRAY MOVED AND AUTHORITY MEMBER CASTRIOTTA SECONDED THAT THE LOCAL LICENSING AUTHORITY IMPOSE A SUSPENSION OF TEN (10) DAYS, WITH SIX (6) DAYS TO BE HELD IN ABEYANCE IF NO FURTHER VIOLATIONS OCCUR ON OR BEFORE DECEMBER 13, 2018, AND PAYMENT OF A FINE IN LIEU OF FOUR (4) DAYS SUSPENSION IN ACCORDANCE WITH STATE STATUTES; AND LICENSEE WILL PROVIDE DOCUMENTATION REGARDING TRAINING COMPLETED BY EMPLOYEES. THE MOTION PASSED UNANIMOUSLY WITH MEMBERS BERLIN, CLAUSSEN, GROOM, MURRAY, SHELTON, AND STARKOVICH VOTING AYE. d. OMNI INTERLOCKEN COMPANY LLC d/b/a OMNI INTERLOCKEN RESORT CLUBHOUSE ' Show Cause Hearin Re: Alle ed Violation of Colorado Revised Statute a and BMC
3 Page 3 David Castle, Manager, was present on behalf of the Licensee. Members Murray and Shelton inquired about the violation and requested information regarding any new store changes. David Castle responded to Authority questions regarding the violation and changes in store practices. THAT THE PROPOSED FINDINGS BE ADOPTED, AS STIPULATED; AND THAT THE SHOW CAUSE HEARING IN THIS MATTER SCHEDULED FOR 5:30 P.M., MARCH 7, 2018, BE VACATED. THE MOTION PASSED WITH AUTHORITY MEMBERS CLAUSSEN, GROOM, MURRAY, SHELTON, AND STARKOVICH VOTING AYE AND AUTHORITY MEMBER BERLIN VOTING NO., SECONDED THAT THE LOCAL LICENSING AUTHORITY IMPOSE A SUSPENSION OF FOURTEEN (14) DAYS, WITH SEVEN (7) DAYS TO BE HELD IN ABEYANCE IF NO FURTHER VIOLATIONS OCCUR ON OR BEFORE DECEMBER 13, 2018, AND PAYMENT OF A FINE IN LIEU OF SEVEN (7) DAYS SUSPENSION IN ACCORDANCE WITH STATE STATUTES; AND LICENSEE WILL PROVIDE DOCUMENTATION REGARDING TRAINING COMPLETED BY EMPLOYEES. THE MOTION PASSED WITH AUTHORITY MEMBERS CLAUSSEN, GROOM, MURRAY, SHELTON, AND STARKOVICH VOTING AYE AND AUTHORITY MEMBER BERLIN VOTING NO. e. BROADLANDS GOLF, LLC d/b/a THE BROADLANDS GOLF COURSE Show Cause Hearing Re: Alleged Violation of Colorado Revised Statute (5)(a)( ); and and BMC Authority Members Claussen and Murray recused themselves from the hearing due to their part-time employment with Broadlands Golf Course. Karl Frundt, Broomfield Municipal Prosecutor, provided a status updgte and advised that a stipulation for Shawn Agresto, Food and Beverage Manager, was present on behalf of the Licensee. Members Shelton and Berlin inquired about the violation and requested information regarding any new store changes. Mr. Agresto responded to Authority inquiries regarding the violation and changes in serving alcohol. AUTHORITY MEMBER SHELTON MOVED AND AUTHORITY MEMBER STARKOVICH SECONDED THAT THE PROPOSED FINDINGS BE ADOPTED, AS STIPULATED; AND THAT THE SHOW CAUSE HEARING IN THIS MATTER SCHEDULED FOR 5:30 P.M., MARCH 7, 2018, BE VACATED. THE MOTION PASSED UNANIMOUSLY WITH MEMBERS BERLIN, GROOM, SHELTON, AND STARKOVICH VOTING AYE. AUTHORITY MEMBER SHELTON MOVED AND AUTHORITY MEMBER STARKOVICH SECONDED THAT THE LOCAL LICENSING AUTHORITY IMPOSE A SUSPENSION OF FOURTEEN (14) DAYS, WITH SEVEN (7) DAYS TO BE HELD IN ABEYANCE IF NO FURTHER VIOLATIONS OCCUR ON OR BEFORE DECEMBER 13, 2018, AND PAYMENT OF A FINE IN LIEU OF SEVEN (7) DAYS SUSPENSION IN ACCORDANCE WITH STATE STATUTES; AND
4 Page4 LICENSEE WILL PROVIDE DOCUMENTATION REGARDING TRAINING COMPLETED BY EMPLOYEES. THE MOTION PASSED UNANIMOUSLY WITH MEMBERS BERLIN, GROOM, SHELTON, AND STARKOVICH VOTING AYE. Authority Members Claussen and Murray returned to the meeting. f. EAGLE TRACE GOLF CLUB, LLC d/b/a EAGLE TRACE GOLF CLUB Show Cause Hearing Re: Alleged Violation of Colorado Revised Statute (5)(a){ ); and BMC Evelyn Koch, Manager, was present on behalf of the Licensee. Members Murray and Shelton inquired about the violation and any changes to the club serving practices. Ms. Koch responded to Authority inquiries regarding the violation and changes to liquor practices. THAT THE SHOW CAUSE HEARING IN THIS MATTER SCHEDULED FOR 5:30 P.M., MARCH 7, 2018, BE VACATED. THE MOTION PASSED WITH MEMBERS CLAUSSEN, GROOM, MURRAY, SHELTON, AND STARKOVICH VOTING AYE AND AUTHORITY MEMBER BERLIN VOTING NO. AUTHORITY MEMBER MURRAY MOVED AND AUTHORITY MEMBER GROOM SECONDED THAT THE LOCAL LICENSING AUTHORITY IMPOSE A SUSPENSION OF FOURTEEN (14) DAYS, WITH SEVEN (7) DAYS TO BE HELD IN ABEYANCE IF NO FURTHER VIOLATIONS OCCUR ON OR BEFORE DECEMBER 13, 2018, AND PAYMENT OF A FINE IN LIEU OF SEVEN (7) DAYS SUSPENSION IN ACCORDANCE WITH STATE STATUTES; AND LICENSEE WILL PROVIDE DOCUMENTATION REGARDING TRAINING COMPLETED BY EMPLOYEES. THE MOTION PASSED WITH MEMBERS CLAUSSEN, GROOM, MURRAY, SHELTON, AND STARKOVICH VOTING AYE, AND AUTHORITY MEMBER BERLIN VOTING NO. 9. VOLLEYBALL OF THE ROCKIES, INC. d/b/a SPORTS OASIS Show Cause Hearing Re: Alleged Violation of Colorado Revised Statute (5)(a)( ); and BMC William Stevens, General Manager, was present on behalf of the Licensee. Members Murray and Shelton inquired about the violation, the type of venue, and any changes in liquor practices due to the violation. Mr. Stevens responded to Authority inquiries regarding the violation with the liquor process and changes made in serving alcohol. THAT THE PROPOSED FINDINGS BE ADOPTED, AS STIPULATED; AND THAT THE SHOW CAUSE HEARING IN THIS MATTER SCHEDULED FOR 5:30 P.M., MARCH 7, 2018, BE VACATED. THE MOTION PASSED WITH MEMBERS CLAUSSEN, GROOM, MURRAY,
5 Page 5 SHELTON, AND STARKOVICH VOTING AYE AND AUTHORITY MEMBER BERLIN VOTING NO. SECONDED THAT THE LOCAL LICENSING AUTHORITY IMPOSE A SUSPENSION OF TEN (10) DAYS, WITH SIX (6) DAYS TO BE HELD IN ABEYANCE IF NO FURTHER VIOLATIONS OCCUR ON OR BEFORE DECEMBER 13, 2018, AND PAYMENT OF A FINE IN LIEU OF FOUR (4) DAYS SUSPENSION IN ACCORDANCE WITH STATE STATUTES; AND LICENSEE WILL PROVIDE DOCUMENTATION REGARDING TRAINING COMPLETED BY EMPLOYEES. THE MOTION PASSED WITH MEMBERS CLAUSSEN, GROOM, MURRAY, SHELTON, AND STARKOVICH VOTING AYE, AND AUTHORITY MEMBER BERLIN VOTING NO. h. Eagle Trace Golf Club LLC, dba Eagle Trace Golf Club - Renewal with Violation Evelyn Koch, Manager, was present on behalf of the Licensee. Member Murray commented on the violation. Ms. Koch responded to Authority inquiries noting the past violation and changes in serving alcohol. THAT THE LOCAL LICENSING AUTHORITY APPROVE THE RENEWAL OF THE HOTEL & RESTAURANT LICENSE FOR EAGLE TRACE GOLF CLUB LLC D/B/A EAGLE TRACE GOLF CLUB. THE MOTION PASSED. UNANIMOUSLY WITH MEMBERS BERLIN, CASTRIOTTA, CLAUSSEN, GROOM, MURRAY, SHELTON, AND STARKOVICH VOTING AYE. Pearl Wok Restaurant Inc. d/b/a Pearl Wok - Renewal with Violation Tan Trinh, Manager, was present on behalf of the Licensee. Member Murray inquired about the violation. Mr. Trinh responded to Authority inquiries noting the past violation and changes to current store practices. THAT THE LOCAL LICENSING AUTHORITY APPROVE THE RENEWAL OF THE HOTEL & RESTAURANT LICENSE FOR PEARL WOK RESTAURANT INC. D/B/A PEARL WOK, PROVIDED THAT THE FOLLOWING CONDITIONS ARE MET THE MOTION PASSED UNANIMOUSLY WITH MEMBERS BERLIN, CASTRIOTTA, CLAUSSEN, GROOM, MURRAY, SHELTON, AND STARKOVICH VOTING AYE. j. Qdoba Restaurant Corporation d/b/a Qdoba Mexican Eats - Renewal with Violation Carley Vonderhaar, Manager, was present on behalf of the Licensee. Member Murray commented about taking training sooner than July and member Claussen asked how many alcoholic beverages were sold in a week. Ms. Vonderhaar responded to Authority inquiries, noting the past violation and any changes made to current store practices. SECONDED THAT THE LOCAL LICENSING AUTHORITY APPROVE THE RENEWAL OF THE HOTEL & RESTAURANT LICENSE FOR QDOBA RESTAURANT CORPORATION D/B/A QDOBA MEXICAN EATS. THE MOTION PASSED UNANIMOUSLY WITH MEMBERS BERLIN, CASTRIOTTA, CLAUSSEN, GROOM, MURRAY, SHELTON, AND STARKOVICH VOTING AYE.
6 Page 6 k. Tanawat International Corporation d/b/a 20 Sushi and Thai - Renewal with Violation Akkarapol Pholtanawat, Manager, was present on behalf of the Licensee. Member Murray commented about taking training sooner than July. Mr. Pholtanawat responded to Authority inquiries noting the past violation and any changes to current store practices. THAT THE LOCAL LICENSING AUTHORITY APPROVE THE RENEWAL OF THE HOTEL & RESTAURANT LICENSE FOR TANAWAT INTERNATIONAL CORPORATION D/B/A ZO SUSHI AND THAI. THE MOTION PASSED UNANIMOUSLY WITH MEMBERS BERLIN, CASTRIOTTA, CLAUSSEN, GROOM, MURRAY, SHELTON, AND STARKOVICH VOTING AYE. lietition ANi éommunicatig NS a. Wal-Mart Stores Inc. dba Wal-Mart #5341 and Wal-Mart #4288. Change of Corporate Name - 3.2% Beer License (Off Premise} The Authority acknowledged receipt of the notice of Change of Corporate Structure. No motion by the Authority was required. fib liiééébefiafifmenflrepor a. Liguor Server Training Report of Attendance Member Shelton inquired about the cost of training vs. no charge in training. Municipal Prosecutor Frundt explained that there is no charge to attend a class if there has been no violation, however, if there are attendees due to a violation, then the charge of the class is divided between the number of company employees present. Further explanation was given as to the number of officers that train the attendees and the number of spots available. Member Murray commented on his attendance at a training class in the past. 'There was also discussion between Member Shelton, Municipal Prosecutor Frundt, and Acting Attorney Pat Gilbert as to the time limit of when training must be completed. Discussion regarding the expiration of time for TIPS training. Staff to look at and address the follow-up issue of training completed and if there is an expiration of training. CITY aaéountyeafiéfifleyifsireiéor l é a. Compliance Check Violation Penalty Recommendations Acting Attorney Gilbert summarized the state rule related to penalties, and the State 2017 report of what other jurisdictions charge for violations. Municipal Prosecutor Frundt commented on the consistency of otherjurisdictions. Member Shelton inquired as to any changes in the future for Stipulations on violations. Prosecutor Frundt commented as to 1st, 2nd, and 3rd time violation charges. Member Shelton received an from the North Star owner that he is going to share with everyone, and the fee the employee is charged when there is a violation. Prosecutor Frundt commented as to the court process and charges given out.
7 Page 7 Member Berlin commented on how employees are affected when a liquor license is suspended. Member Groom commented about the consistency of penalties on violations for the 3 golf courses. b. Violations Report Member Groom asked how/why certain violations come before the LLA, and the definition of good moral character and what it means in regard to LLA. Acting City Attorney Gilbert discussed the definition of good moral character and how it is sighted on the report. Municipal Prosecutor Frundt also commented on the statement. Member Starkovich commented on the process he used in the past discussing with the licensee and how the employee is charged for the violation, i.e., fine, deferred sentence, community service required instead of firing the employee. There was additional discussion as to whether Council could recommend to the judge fines for the penalty phase of the employee that committed the violation. Abfléfl'fififlléfifi The meeting was adjourned at 7:29 pm. Kfififib'VKU Minutes Prepared by Approved by flé fléfiéfl/ (/ Chairperson Deputy (éjnd Counfly Clerk
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