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HomeMy WebLinkAbout5-14-20 VIRTUALMINUTES FOR LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO May 14, 2020 This meeting was conducted as a VIRTUAL MEETING. No members of the Liquor Authority Board or City staff were physically present at the Municipal building for this meeting; the public did not attend in person. The public may have participated in these ways: 1. Provide comment in advance at reaton@ci.wheatridge.co.us(comment by noon on April 8) 2. Virtually attend the meeting through a device or phone: Access was put on the City website as soon as it was available. Go to www.ci.wheatridge.co.us/calendar Chair Germano called the Liquor Authority Meeting to order at 9:10 a.m. Liquor Authority Members present: Paul Shaver Carolyn Peterson Lenny Ortiz Bruce McIntyre Cindy Shaw Rocco Germano Absent: Anthony Davia, Elizabeth Nazarenus Also present: City Clerk Steve Kirkpatrick; Deputy City Clerk Robin Eaton; Assistant City Attorney Joe Rivera; WRPD Detective Charles Hemming APPROVAL OF MINUTES OF April 9, 2020 Motion by Member Peterson to approve the minutes of April 9, 2020, seconded by Member Shaver, Motion carried 6-0. Motion by Chair Germano to amend the agenda to have Item 2 replace item 1 on the itinerary, seconded by member Peterson, motion carried 6-0 Item 1. Discuss procedures and vote on a resolution to present to the City Council to permit new liquor license applicants to satisfy the needs and desires requirement in a ways other than the “needs and desires” survey during City declared disasters. Chair Germano introduced the item Attorney Rivera started by giving a staff presentation on the workings of virtual meetings for quasi-judicial hearings including show cause. He brought up that fact that there is a show cause that might need to be scheduled for one of the licensees in the city. City Clerk Kirkpatrick gave instructions on how this virtual format needs to be approved by the person called for the hearings and board members alike. Discussion followed on items such as show cause hearings, current emergency delivery of alcohol, rights by the defendants for due process and in person hearings and to discuss whether to change how new liquor license applicants satisfy the needs and desires requirement in the time of COVID-19 . Motion by Member Germano that the needs and desires survey remains the City’s preferred method for determining the needs and desires of the adult inhabitants of a neighborhood; however, while the City has declared a local emergency pursuant to the Colorado Disaster Emergency Act, title 24, article 33.5, part 7, and other similar authority, and for forty-nine (49) days thereafter, new liquor license applicants may satisfy the needs and desires requirement through (1) Sworn testimony from the applicant, any party in interest, and other community members, (2) Notice sent via the USPS and (3) Other relevant information. Seconded by Member Shaw, motion carried 6-0 Discussion continued to decide to make changes to this process, then pass a motion giving City staff permission to present a resolution to City Council that accomplishes the desired outcome. Motion by Member Shaver giving City staff permission to present a resolution to City Council that accomplishes the desired outcome, seconded by Member Ortiz, motion carried 6-0 Item 2 Chair Germano introduced the item Re-Schedule hearing set to review application for a new Fermented Malt Beverage (Beer) Off-Premises Liquor License – Spectrum Inc. dba I-70 & Harlan Service, located at 6065 W. 48th Avenue, Wheat Ridge, CO 80033 Discussion followed Motion by Member Shaver to Re-Schedule hearing set to review application for a new Fermented Malt Beverage (Beer) Off-Premises Liquor License – Spectrum Inc. dba I-70 & Harlan Service, located at 6065 W. 48th Avenue, Wheat Ridge, CO 80033 for June