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HomeMy WebLinkAboutLiquor Authority Minutes 12-8-16 (2)MINUTES FOR LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building December 8, 2016 Chair Nazarenus called the Liquor Authority Meeting to order at 9:00 a.m. Liquor Authority Members present: Robert Alldredge Paul Shaver Elizabeth Nazarenus Bruce Mcintyre Anthony Davia John Miks Carolyn Peterson Claudia Worth Liquor Authority Members absent. Also present: City Clerk Janelle Shaver, Deputy City Clerk Robin Eaton; Police Officer Steve Berkowitz; Jeff Corder, Applicants, Max Scott (Oedipus). APPROVAL OF MINUTES OF October 13, 2016 Motion by Ms. Peterson to approve the minutes of October 13, 2016; seconded by Mr. Shaver; Motion carried -7-1 Worth abstaining . Item 1. Introduced by Chair Nazarenus; A New Application for a Hotel & Restaurant License Application for Grammy's Goodies LLC, dba Grammy's Goodies located at 4601 Harlan Street Wheat Ridge CO 80033. Deputy Eaton introduced the item. He explained that Grammy's Goodies is an on-going Italian and Pastry establishment that requests to add a Hotel & Restaurant Liquor License to their facility. They will meet the required meals found in definition 12-4 7-103 (20) and that it meets all of the requirements for issuance. Deputy Eaton introduced Max Scott, Oedipus Inc along with Jeffrey Corder being the applicant. Liquor License Authority Minutes December 8, 2016 Page 2 Max Scott spoke about Oedipus, Inc. and stated that Wheat Ridge has wonderful reputation as a good place for businesses. He incorporated his testimony from past hearings as to the methods Oedipus uses to conduct the surveys. Survey was conducted in a one-mile radius with the applicant business at center. Both residences and businesses were surveyed in the blue area of the map of the survey. He described on page two of the survey that almost 98.9% of those surveyed were in favor of issuance of new liquor license. The total of signatures in favor of issuance of the new liquor license goes up to in favor if non-business related objections are eliminated. Mr. Davia asks if Max remembers the last date for the survey was done at the facility and if it ever had a liquor license prior. Max could not say; Janelle states it was barbecue place named Johns, Chicago Style BBQ and the licensed was being transferred to Kings BBQ but prior to the new business ever receiving it, they went under. Mr. Shaver notes to Max that he is glad that there was more attention shown to the Wheat Ridge area locations than those in surrounding cities. Max notes that if there were a local rule to exclude those other areas outside of the City, then he would be more than happy to poll just those specific areas. Chair. Nazarenus swears in Mr Jeffrey Corder. Chair Nazarenus asks for any questions. Carolyn Peterson asked if they will sell beer and what other items that they have? Mr. Corder responds that it is mainly a pick up and go establishment and will mainly sell Beer and Wine for now with the space limitations and their main items are Pizza, Pasta and sandwiches. Paul Shaver asked where the liquor will be stored in the back and how people will know what you are serving. Mr. Corder responds that it will be in the back walk-in; there will be table tents showing the alcohol items and it will also be shown on the menu. Carolyn Peterson asked if anyone has done the TIPS program and how they will address underage buyers. Mr. Corder replies that both he and his wife have been in the industry over 25 years and have gone over how to check ID's. Chair Nazarenus asked when they plan on opening Mr. Corder maybe this year but probably not until next year for tax purposes and that they will be gone during the first part of the new year. Anthony Davia; asked if they have a patio and will you be planning to sell alcohol out there. Liquor License Authority Minutes December 8, 2016 Page 3 Mr. Corder replies that yes we have a patio area and will be selling alcohol out there as well. Chair Nazarenus asks if anybody else has any questions with no reply. Motion by Mr. Shaver to approve the application for a new Hotel and Restaurant Liquor License Application for Grammy's Goodies LLC, at 4601 Harlan Street, Wheat Ridge CO 80033; Seconded by Mr. Alldredge: Motion Carries 8-0 Item 2. Introduced by Chair Nazarenus; Motion to raise the City of Wheat Ridge's Retail Liquor License fees to the proposed limits in exhibit a. Discussion followed Deputy Clerk Eaton explains how he did a cost comparison of surroundings areas, shown in exhibit A for Items 2 and 3, along with the City of Wheat Ridge's Liquor and how our new and renewal license fees are not comparable to those other areas. He requests the new fees be approved and that the overall costs would still be below what the State allows to be taken in. Paul Shaver asked when Rickoli's opened up, did they pay the $1000 fees to us upon application. Deputy Clerk Eaton replied that no, they paid the $1025 application fees at that time directly to the State and those Manufacturing types of licensees do not apply to the Locals. Carolyn Peterson stated the City of Lakewood looked low but noted that it includes a flat $1000 Occupation tax. Deputy Eaton replies that we have an Occupational Tax also but it varies with the type of liquor license that they hold, and is not a flat tax. Chair Nazarenus asks that as the City is struggling to move forward; will these new fees deter anyone from coming here. Deputy Eaton responds that he does not think that it will as with other city fees, ours are still lower, along with the Sales tax being lower, and that these new fees would not have an effect on those types of businesses. John Miks asks if there are any penalties from the State if the City were to go over their amounts allowed. Deputy Eaton responds that even with the $100 application fee, we are still below their limits and not in danger of any penalties, but yes if we did then we would not be in compliance with the State. Claudia Worth asked if this motion will have to go in front of Council Deputy Eaton responds that by City Code, the Liquor Authority is in charge of the fees that are set. Liquor License Authority Minutes December 8, 2016 Page4 Motion by Mr Miks to raise the City of Wheat Ridge's Retail Liquor License fees to the proposed limits; seconded by Mr Alldredge Motion carries 6-2 Nazarenus, Davia opposed. Fees will be effective immediately after being approved. Item 3. Introduced by Chair Nazarenus; Motion or Resolution to increase the Special Event permit fees paid to the City of Wheat Ridge from $25 a day currently to $50, as also seen in ex 2 (a). Discussion followed: Anthony Davia states that he will not be voting for this increase either as he feels its injurious to the Non-profits to be forced to pay an additional $25 for a permit. Chair Nazarenus ask what most of the Special Events are. Deputy Clerk Eaton explains that most events are entities such as Localworks, the Senior Resource center and other Non-Profits and as the City is doing the complete Special Event permitting, there actually will not be any increase in the Special Event fees. The City would be just capturing what the applicant would have paid to the State if it received the application and issued the permit. As the City is doing all of the postings, hearings and issuing of the permit, the Non-profits will not see an increase in their payments, they will be just making one check out to the City instead. Anthony Davia asked if they are already paying the $50 a day. Deputy Eaton answers that yes they are and it's not going to be a surprise or an extra tax levied on them. Chair asks for a motion. Motion by Anthony Miks to approve the increase the Special Event permit fees paid to the City of Wheat Ridge from $25 a day currently, to $50 a day; seconded by Robert Alldredge; motion carries 8-0 Item 4. Introduced by Chair Nazarenus; a recommendation to City Council to add new classes of liquor licenses, those being the new Lodging and Entertainment and Distillery Pub types; to be included in Sec. 11 .53 of the City code to also be allowed with the 500 ft. restriction zone, similar to those of Hotel Restaurants and Brewpubs. Discussion Followed: Deputy Clerk Eaton requests that this go to council as these are new liquor licenses that the State came up with recently and if a new Distillery Pub comes into the City, they too should be included within 500 ft., much as the Brewpubs currently are. The Lodging and Entertainment would be issued instead of the Tavern license, when they do not meet the requirement in State definitions of a Tavern; which lists that it must be their principal business to sell alcohol. Motion by Anthony Davia to recommend to City Council to add new types of liquor licenses, those being the new Lodging and Entertainment and Distillery Pub types to be included in Sec. 11 .53 of the City code to also be allowed with the 500 ft. restriction zone; seconded by Miks, motion carries 7-1 with Shaver opposing. Liquor License Authority Minutes December 8, 2016 Page 5 CITY CLERK'S MATTERS Vern's Liquor successfully transferred in October. My Liquor Store successfully transferred in November. Pending Transfer Application for Luke's a Steak Place submitted in November; which is awaiting Background check and then to be forwarded to State for approval New Applications for 7-11 for an Off premises type and a WalMart for an On/Off is pending to be submitted, along with a proposed new retail Liquor store at 4490 Wadsworth Blvd, currently the O'Reiley's Auto store. This will be subject to Zoning and State requirements of being outside of the new ruling of 1500 ft between liquor stores.(might be too close to Verns) Manager change and renewal for Noodles and Co, Safeway -renewal; Faneli's Amici's restaurant renewal. Rockette Tavern renewal Sent a Memorandum on 11/9 to Henry Rivera, owner of Hanks Billiards to convert his Tavern license to a Lodging and Entertainment type. Vini Italia Co. surrendered the RLS Liquor License, will apply for H&R in spring. Thai Green Sushi submitted the DR 8177 for Hui Chen to take over as 100% owner. Vincenza's License expired-will not be renewing as the Landlord took over the facility and new owners are set to come in the Spring. Janelle appraises the Board of the ever increasing need for security and that there is a lot of law enforcement at these events and in general, at liquor licensed establishments. Also that there is a culture of law enforcement for these areas and these fees help in turn, fund the police department to help defray the costs for the Officers to be in attendance. CITY ATTORNEY'S MATTERS POLICE DEPARTMENT MATTERS LIQUOR AUTHORITY MEMBERS MATTERS Nazarenus asks if there is some sort of graduating fees schedule and if the SEP fees could incorporate something like that, depending on the amount of people that will be in attendance. Meeting adjourned at: 10:16 a.m. Robin Eaton, Deputy City Clerk APPROVED BY LIQUOR AUTHORITY ON JANUARY 26, 2017 BY A VOTE OF L TO _,f-..">_ Liquor License Authority Minutes December 8, 2016 Page6