Liquor License Authority

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final Liquor License Authority Friday, October 6, 2017 9:30 AM Room 2108 1. Call To Order/Roll Call A regular meeting of the Commerce City Liquor Licensing Authority was called to order by Hearing Officer Ablao on October 6, 2017, at 9:30 a.m. 2. Public Hearings Pres 17-517 3.2% Fermented Malt Beverage Off Premise License of Murphy Oil USA, Inc. dba Murphy Express, 8799 Brighton Rd, Commerce City, CO 80011 Hearing Officer Ablao opened the public hearing. Appearing on behalf of the applicant: Kelly Elefant, Registration #26023 Tina Scott, Oedipus Petitioning Services Robert Forbes, district manager Tara Renfro, district manager Ms Scott was sworn in and testified to the survey process and findings. Overall, 94%, of those surveyed, support issuing the license. In response to questions from the hearing officer, Ms, Scott stated that though the signatures are from Unincorporated Adams County, they are within the neighborhood boundaries set by the city. Mr. Forbes was sworn in and testified that the company has 14 stores currently operating throughout the state and have had no violations in the seven years of operating in Colorado. He reviewed the company's process and procedures for alcohol control. Attorney Elefant submitted an updated diagram that Hearing Officer Ablao marked as Exhibit 1. No one came forward to speak in favor or opposition to issuing this license and the public hearing was closed. Hearing Office Ablao made the following findings: The evidence presented does support the issuance of this license. There is some question that the petition results include an unincorporated area; however, it is still within the neighborhood boundary and will be counted. The reasonable requirements of the neighborhood, for the license being sought, are not currently being met by the only other license at the Mile High Flea Market. Commerce City Page 1 Liquor License Authority Meeting Minutes - Final October 6, 2017 The number, type and availability of other outlets located near the neighborhood do not preclude the issuance of this license and the applicant, based on the master file, at this this time, is qualified to conduct the type of business proposed. Hearing Officer Ablao approved granting the license conditionally upon satisfactory inspection of the finished premises by the police department, and satisfactory results of the background check. If a change of corporate structure is required for the new person, the city will need to be updated. Pres 17-518 Retail Liquor Store Application of Chambers Liquors, LLC dba Chambers Liquors, 15330 E. 120th Pl, Brighton, CO 80601 Hearing Office Ablao opened the public hearing. Appearing on behalf of the applicant: Akash Singh, business partner for fuel supply and other businesses Rashpal Singh, applicant Davinder Singh Sandhu, applicant Tina Scott, Oedipus Petitioning Service Ms. Scott was sworn in and testified to the petition process and survey results. The results were 97% in favor of issuance of the license. Akash Singh was sworn in and testified that this liquor store is part of a larger development including a gas station, Santiagos, and the liquor store all attached. The remaining corner lots will be sold. He stated that Rashpal Singh has been in the gas station business since 1994, maintains a 3.2% beer license at 120th & Highway 85 in Henderson, and a Sinclair gas station in Golden since 2010. Davinder Singh Sadhu was sworn in and testified to being a Seven Eleven franchisee since 2007. In response to questions from the hearing officer, Akash Singh was unable to answer how much of their overall business would come from the sale of alcohol. They did a feasibility study on the convenience store, the burrito company is leasing space, but they did not have the ability to do the feasibility study on the liquor store side. He stated the liquor store was a newer business for them. In response to the hearing officer's questions regarding the premise diagram, Akash Singh stated the 4' separation wall provides an opportunity for convenience store customers to see the liquor store. Historically, they have seen their friends, with the same concept fail because of a full separation wall. In response to questions from City Clerk Bauer, Akash Singh and Rashpal Singh stated there would be a swinging door adjoining the liquor store and the convenience store. Rashpal Singh stated both the liquor store and the convenience store would be served by the one employee. Rashpal Singh stated they already have three-four gas stations with the same floor plan, two of them in Greeley. Akash Singh stated that they have other friends with these same setups. Hearing Officer Ablao stated that a door, providing interior access between the two businesses and staffed by the same employee, is an issue for Commerce City as a licensed liquor store must be separate and distinct which would include separate Commerce City Page 2 Liquor License Authority Meeting Minutes - Final October 6, 2017 employees for the licensed business. Having a half-wall or window is fine for visibility, but there cannot be alcohol going back and forth between the convenience store and liquor store because the convenience store is not licensed. Both businesses should be staffed separately too. Akash Singh stated that they could post signage to that effect. Rashpal Sing stated that they don't allow customers to take alcohol from the liquor store side to the convenient store side. He stated that the new store at 59th & Tower Road has the same concept as what they are proposing here. Hearing Officer Ablao asked if the applicants had a liquor license in Brighton. Rashpal Singh stated he did. Akash Singh stated it was a goofy thing because it was a store that he sold out of years ago. In 2004, they owned and operated a convenience store, added a liquor store, ran it for awhile, subleased the whole business, then the tenant did not do a good job and they ended up taking it back and Rashpal sold the business to his partner. Rashpal Singh stated that there were two separate addresses and separate buildings with the Brighton license. Akash Singh stated that the businesses were fully separated. Davinder Singh Sandhu stated that Rashpal owned the building, but he wasn't a licensee. When the violations happened, he wasn't on the liquor license. He expressed concern that they were being treated differently. Hearing Officer Ablao indicated that they were not being treated differently as she would have the same concerns regarding the separate and distinct business operations and layout if presented by anyone else. The applicants asked for a recess and when they came back on record they asked for a continuance of the hearing Hearing Officer Ablao continued the public hearing to October 18, 2017, at 9:30 a.m. Akash Singh stated that Rashpal Singh would be out of the country. Hearing Officer Ablao then swore in Rashpal Singh to testify to undisclosed violations. He testified stated that he is partners with his nephew at the Golden gas station and an employee sold the beer. Akash Singh stated that being this was over four years ago, and he, Rashpal, has another partner on that business, it was an oversight on their part. They cured the violation with Jefferson County. As he recalls, the employee was terminated. 3. Adjourn The meeting adjourned at 10:30 a.m. Commerce City Page 3