October 19, 2022 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] I'm gonna start recording. And then, if you can do that one more time Um! I call to order the beverage licensing authority meeting for October nineteenth, two thousand and twenty-two. Thank you very much, and we will start um on our agenda item number one, which is instructions for virtual hearing. And I'm going to share my screen, so everyone can see me. This is our instructions for virtual hearing and rules of deform. The city has engaged with community members to co-create a vision for productive meaningful and included civic conversations. This vision supports physical and emotional safety for community members, staff and board and commission members as well as democracy. For people of all ages, identities lived experiences and political perspectives. More about this vision and the projects, community engagement process can be found on our website, which is Boulder, Colorado, Gov.

[1:01] The following on sequels are rules that deform found in the Border device, code and other guidelines that support this vision. These will be upheld during this meeting. All room works and tests only shall be limited to matters related to city business. No participants shall make threats to you, or use other kinds of determination against any person. I've seen the racial epithet and other speech and behavior that disrupts their otherwise, and keeps the ability to conduct the meeting are prohibited. Participants are required to sign up to speak, using um the name they are commonly known by an individuals must display their full name recording or, to speak online currently, only audio testimony is written online for public comments, and everyone should be able to rename themselves with their own name. They have not already. Next on our agenda is member

[2:03] uh member, my booker Number Car Prison Member Leah Roberts present and members of Thank you and um number California, and we're at. Some have let us know that they will not be attending to, but we do have a uh next on our agenda is um election uh chair and vice chair. I would I would again like to suggest that we put that off until we have a full uh uh member all the membership here sometime in the future for a second. That

[3:00] person second all in favor, say I over wall aside, member car I I'm Roberts. I just like to remember the other two members that as we are only three today, uh we must be unanimous. Um failing to be anonymous, please don't feel pressure to be anonymous. Failing to me being the madness does not mean anything that's turned down. It just means it has to be. Go on to the next month. Thank you for that reminder. Um. Next you have approval of beverage licensing authority. Minutes from September twenty, first, twenty, two, everyone get a chance to read the minutes, and is there a motion to approve? If there are no alterations, Member car will make a motion to approve no alterations.

[4:01] Member Wallace a second all in paper. Member Wallace. Yes. Member car. Yes, Number Roberts. Yes, thank you. Um. Next we have hearing agenda issues from licensing clerk, and the only one that I see on here, and I apologize. I'm filling in for Kristini. So. Um! She has, like the majority of the information While she was making this. But um Roots music projects has requested that they be heard potentially before their um agenda is up because there is a conflict um for their applications. Um. I believe that they have a work-related conflict, and so we told them that if

[5:04] the form is okay with it, but they could go when the board sees fit. But, um! That's the only here agenda issue that we have what the other members feel about that uh, I don't have a problem with it. We can have them go at the beginning. Yeah, I don't have a problem with it. I I don't either. So um what if we want to move it to agenda. Item uh above agenda. I don't five. The show calls for it before the right. Okay? Oh, great um! And moving on. We have matters for Boulder Police Department, and I do see the

[6:02] good afternoon. Um. The only thing I have is um, i'm working on an affidavit. Um, that should be done in the short timeframe. Um, yeah, Hopefully, we'll see uh the scheduling of that hopefully before the end of the year. But I guess that will depend on what's uh before licensing. So. Um! That's all that I have. I entertain any questions or anything. I have one um request, and I, I and Officer Dennis, please just take it as as a as a comment rather than anything else It it what in the show cause, hearing um that we have coming up. Um! One of the things was missing that had been previously presented, and that was a narrative by the under Uh Age agents who went into to um

[7:04] uh attempt to make a sale of this to exactly what happened while they were in there. It was kind of helpful in being able to us for aggregating and mitigating circumstances. Um, I they asked for my Id I they didn't ask for my Id um. That that kind of helped a lot when when you came from mitigating and aggravating circumstances coming up with a penalty. Uh! If in the future you have an opportunity to do that that would be a big help to to to be, anyway, and to, I think, to to the board and um it. Um! But again i'm not here to tell you. You also don't know how to do your job, but just just get a heads up on that. No, I I I hear you I Um! That was not my operation. I simply uh drafted the affidavit from your officer's report, but usually you are correct. Um. Those operative narrative should be part of the the whole packet. Um that gets sent to the prosecutor, the system made available to

[8:08] licensing and and the bla um, and I I know exactly the forms you're talking about. So it's a We ask the operative if there is a a sale to in their own words, there's a place for them to write a short paragraph, and then, like you said they can check boxes as far as was was. I asked for Id um so on and so forth. So no, you're right. Um. I believe those do exist for this case. But um, if they're not with that, I apologize um oversight on my part, but we those are usually included. Um, cause I you're right there. They provide some valuable information. Um uh to you. Yeah, not only to us, but also to a license, he, because oftentimes it's not the license he who was present. And if they have a a narrative from the person who actually was there It's something they can discuss with their report.

[9:08] Right? Thank you. Thank you very much. Is there anything else? Uh, uh by gravy again? Thank you, Officer Danny, for everything you do, You're It's very appreciated. Welcome for everybody on the force. Thanks. Thank you. Um! That you know matters from the responsible association of retailers. I did get word from me in that he is not um available today, and he's not working this week, so um he will be in next meeting, and he said that there's no updates back. Um. He needed to keep you before the next meeting. We will, and next, we have agenda item for general public comment for future drivers licensing authority hearings. If you're here to get public comment about something that is not on um the agenda for this month, go ahead and use the right hand function, or you can like, Give me a thumbs up anything to indicate that you're here to speak on public comment

[10:19] last chance. If you hear this thing, I'm really comment, give me a thumbs up or raise your hand. Alright, i'm asking you any. No, we're gonna switch our agenda around a little bit, and we are going to um. We're gonna skip down to agenda. Item number nine, which is public hearing and consideration of an application filed on August sixteenth, two thousand and twenty-two from your roots. Music Project Dba Roots music Project four, seven, four, seven Pearl street suite, b. Three A and C. Folder Colorado eight zero, three zero one If it Kennedy, managing member and proposed register manager with the business mailing address of one zero, one form able to avenue border Colorado. Eight, zero, three zero, four for a new launching and entertainment type of like our license. And I see that

[11:14] Veronica Beckyo is here. Um to represent this applicant. Yes, good afternoon, um! And I believe Dave Kennedy, as well as Patrick Mooney are on the call as well. Thank you so much as the applicant is represented by Council of the I'd ask if You' to read the way, wave the reading of the procedures. Yes, I'm. Willing to wave the reading the procedures number car. No,

[12:03] remember Roberts now. Thank you. Thank you, and i'll get our witnesses running here, so um, if we can have. Your first one is Um. They can unmute themselves and say their name. Their full names call their name and um to their home contest for the record. Whoever would like to go for excellence can be testifying, for as well go ahead, Dave. I thought Patrick was first sorry I i'm state Kennedy and my uh address is one o one for Mapleton Avenue in Boulder. Thank you very much. And then, Patrick, will you say your name and state your um address for the Record afternoon. My name is Patrick Maroni, M. A. R. O. N. E. Y. Addresses po Box nine, nine, eight, Johnstown, Colorado, eight, zero, five, three, four,

[13:06] Thank you, and then i'll have you both raise your right hand. Do you square? Or rather the testimony you're about to give in front of the beverage licensing authority is true. And do you also that you or your employees has posted the premise for at least ten days for today's hearing. Thank you very much. And then um! It's like you all. Have you record your parents and get started? Thank you. Veronica vacio from law uh representing Roots music project our number three, seven, two, two, five. Plan for a lodging and entertainment liquor license located at forty-seven forty-seven Pearl Street in boulder, eight o three, o one, and as I mentioned previously, i'll be calling two witnesses for this application. Um, and first I will call David Kennedy, Mr. Kennedy, you could state your name. It's all your last name for the record,

[14:02] sure. David Kennedy, K. E. N. N. E. Dy And what is your home? Address? One? Oh, one on one for Mapleton Avenue boulder eight hundred and three hundred and four. What is your age? Fifty-six do you personally consume alcoholic averages? I do and How Long has roots, music project and operating. Uh, we leave our space in July two thousand and nineteen. And have you been the owner and operator of Roots Music project since it's in inception and during Covid. Um, can you tell me a little bit about what routes did to stay open? Yeah, we're mainly a uh space for our nonprofit roots Music Project foundation, and we have rehearsal, space and event space. And we also host teachers, music teachers. Uh, During Covid uh

[15:09] we had to live stream a lot of our events, and eventually we actually had some in-person events, and the teachers had to teach you know in small groups at a distance, and we had a lot of airflow. Did you Um, at that time, or at any time, have a special event liquor permit for the space. And do you manage, or own other liquor license facilities in Colorado? Yes, i'm one of the owners of animal draft house cinemas. We're a cinema E. Degree concept, and we have three locations in Colorado. And so it's movie theaters that serve food and have a bar and restaurant operations.

[16:08] And then we have at this time about fifteen uh licenses throughout the United States. And how long have you been operating the Alamo draft house cinemas in Colorado? I think you're frozen. Okay, We lost audio, too. It seems like there is a dial in option to it. Are you there, Dave?

[17:21] Are you gone? Let me see if I can call him Sorry about that, see? All right. I'm going to mute and see if I can get him on the phone. One second. Nope.

[18:05] Well, anybody got a joke? Uh no, I don't want to say hi from Chris. No, I'll say hello for 13039901502: hello. This is Dave Kennedy joining by phone perfect. We can hear you. 13039901502: Okay, Okay, Sorry about that. After all this, my computer died. I'm not sure. Why, sorry about that. That's okay. Um, All right. So let's get back to like um. So I'd asked you how long you've been um operating. The Alamo draft has cinemas in Colorado, 13039901502: but in Colorado I think we opened our first location

[19:03] 13039901502: around two thousand and ten in Littleton. Okay? And then how long have you been operating uh liquor licensed facilities across the us 13039901502: what day is the strongest, 13039901502: but since two thousand and four? And so what is your experience in terms of alcohol service training since two thousand and four. 13039901502: Yeah, we We started the business as a small kind of mom and pop operation. So I had experience in all aspects of the business, including helping such policies, uh, you know, create the training manuals, that type of thing for our server staff, and 13039901502: since that time, you know, we've grown the business uh, and not had any problems with our alcohol service. Uh. I've also been trained on Tips training at least three times, and most recently I completed training with uh Patrick Maroni.

[20:08] 13039901502: Ah, that's also through Patrick, is where our all our employees will be trained, and where our volunteers have been trained to date perfect. And Then can you explain what your in-house training looks like? Um in terms of ongoing training training of employees. 13039901502: Sure, So as I mentioned we do. We have him go through training with Patrick, and then we have detailed in-house training uh with quarterly refresher uh courses for all servers, managers, and owners. But our main uh our main 13039901502: part of the training is just hiring experience staff, and frankly, we don't have a large staff. It's it's a pretty small staff. What kind of um background. Does your does your manager have in terms of alcohol service?

[21:04] 13039901502: Yeah. Our beverage manager is is trained and spent many years on cruise ships. 13039901502: And um, Anyway, she's done a great job and has a lot of experience through through, you know, working on professionally on a cruise Ships Um, Can you explain to the Bla the overall concept of Roots Music Project. 13039901502: Yeah, it's a warehouse space. It's in the industrial district on the other side of Foothills Parkway, and it's a venue and rehearsal space. Uh, but primarily it's a a space for our our foundation, 13039901502: which is the Root Music Project Foundation, which is a five hundred and one, c. Three, and the mission is to foster the live music uh scene in Colorado, and part of the 13039901502: way we do that is, by

[22:01] 13039901502: creating a gig opportunities for musicians. So we have events at the warehouse space as well. 13039901502: Uh, and the way I don't know if you want it into any of our events, but it's. Think of it more like an E town or a swallow hill where it's a listening room environment. 13039901502: So that's the event part of the business. Uh. But we also have teachers that teach from our facility how many people, on average, would attend an event at your facility 13039901502: typically about fifty to one hundred. Have you um ever hired a security guard or Security Guard company to be present at any event? 13039901502: Uh, we've only done it once at the request of a uh private event Client 13039901502: and 13039901502: and most of our events are very tame; and if we do have, you know, over like one hundred and fifty people to two hundred people. Then we will hire so outside security, one hundred and fifty,

[23:10] 13039901502: and we work with a firm called to a security which is license. And and you know, experience. Okay, And what are the days and hours of operation at your facility 13039901502: on our application? We've said Monday through Sunday, eight Am. To two Am. But that really is to give us a a broad range of times to operate. Most of our events 13039901502: start at seven thirty, and are finished by ten, thirty, 13039901502: and I don't know if we've ever had an event go beyond midnight so far we'd like to have the ability to do that, especially for private events. Um! And you have patio Outdoor space. Is that right? Yes, 13039901502: yes, a small outdoor space, because we have a uh a garage door that opens up.

[24:06] Okay. And do you use amplified speakers outside? 13039901502: No, we don't. We're not in a residential area where it's definitely in the industrial area. Our neighbors are uh car repair shops, and uh, 13039901502: but the outside area is is fenced in, 13039901502: so it it prohibits guests from going beyond the boundaries. And what type of food do you offer? 13039901502: We do not have a kitchen. Yeah, we do not have a kitchen, but we do provide food which and and for free. Actually, we have pizza sandwiches and light snacks. Okay, And what type of drinks will you be offering? 13039901502: Uh, we're offering a full bar with wine like her and ears.

[25:00] And where will the alcohol be stored? 13039901502: We have locked storage uh both kind of under the bar area, and also uh, the refrigerator, which is behind the bar, is is locked as well. And when do you anticipate alcohol being served 13039901502: purely on events Or, 13039901502: Yeah, at advance. Okay, Um, What is the seating capacity at your venue? 13039901502: A hundred seats indoors and zero outdoors. So outdoors is just a standing room space. 13039901502: Yes, um. And from whom will you be purchasing the alcohol? 13039901502: A license full sailor to be determined? Okay, Um. And will you be keeping receipts and records regarding all of your alcohol purchases on the premises.

[26:04] 13039901502: Yes, um. And how do you plan on controlling um alcohol on the premises in terms of where it goes physically. 13039901502: Yeah, we have a number of ways to do that. One is, we have signs posted that are. You know, that no alcohol beyond this point 13039901502: we the copied from Patrick's training. We also have cameras on the exterior and interior of the facility, and it's the outdoor areas fence. Okay, Um. Do you plan to sell any alcohol to go or provide or allow alcohol to go off of the premises. 13039901502: No, we don't have any kind of catering operation. Okay, Um. How would you handle loitering or dealing with somebody who wants to come on your premises without a ticket?

[27:03] 13039901502: So we do Uh! We control the door. Almost all of our events are ticketed with paid tickets. Uh, we do have some free events, but we still control the door to who comes in, but at the same time. You know, we train our staff to to work with homeless people, and and to keep an eye out 13039901502: for folks who, you know, somehow snuck into the event. Okay, um. And how would you train a new employee versus your current employees in terms of alcohol service and policies? 13039901502: Yeah. So we first of all we have them go through an outside certification program which with Pat Baroni uh, and then we have in-house training um and and certification quarterly. Okay, and what? What are the consequences for an employee who violates your policy? Um. In terms of serving alcohol?

[28:10] 13039901502: If it was on purpose they'd be tired immediately. It was inadvertent, like accidentally serving somebody um 13039901502: by maybe not following the procedures. Then they get a warning on the first time they'd have to be retrained, and on the second time they'd be they'd be uh terminated. Okay, And what types of Id do you accept? 13039901502: Uh, of course we'd accept a state drivers license and pass boards. 13039901502: Uh, but we will not be accepting uh vertical Ids: Okay, at this time. Um, I will be tendering the witness to the authority for questions, any questions from the authority.

[29:02] My earlier uh, no questions at this time. Yeah. No questions at this time. Thanks. Oh, uh, Kennedy, I have a question for you. The servers are going to be rewarded for the total sales. 13039901502: Is that correct? No, no, 13039901502: no, they're paid an hourly right? And then they earn tips. Okay, because they said, in your in your uh um under food this is service will be rewarded for total sales, including non alcoholic products. No, I was looking this isn't it much to do with your license, but it's looking um i'm very familiar with the location, and most of the parking spaces that are available to you are actually occupied by vehicles pretty much uh uh

[30:04] that have been left there rather than parked there. Um! Do you know how many parking spaces you have. They're actually really available. And in is it been a problem in the past? 13039901502: We have quite a few available. I think we have like. I have to go back and look at our zoning application. But there's a lot of spaces that are spaces all around the building, which, as you know, is a really big warehouse area. Uh, but 13039901502: typically and you're right, like a lot of the card. You, a lot of the car Repair shops will have a cars parked there overnight, taking up some of those spaces. But where people find parking, and we've done extensive customers surveys, and 13039901502: we've only add one uh the person complained, or that it wasn't even a complaint about barking it just said parking is interesting,

[31:03] 13039901502: so there's a lot of spaces on the street parking, and there's a lot of space just connected in all the adjoining warehouses around us, and even in our spaces. So so far we really haven't had any problems at all with parking. Thanks. I just was just wondering the the the as long as the Parkway diner isn't open, and and uh, in Europe when you're running it. It's it's 13039901502: right. They They use a lot of uh street parking. That's right, because it's a very great place. Um! It any other questions from the authority. This vacuum, please proceed. Thank you. At this time. I'd like to call my next witness um Patrick Moroni Patrick, if you could state your name and spell your last name for the record. Yes, Patrick Maroni, ma r O. N, E. Y,

[32:01] and if you can explain to it's already your history or background in terms of liquor licensing in Colorado. Currently, um co-owner about call petitioning services doing petitions for new licenses uh Allison the owner of Maroni consulting services that does seller server training, certified by the States, and consulting for all three tiers of micro licensing. Uh three years ago I retired from my job at the State of Colorado, where I was the director for State liquor enforcement for several years um prior to that have a thirty-three year career in law enforcement. Um! And what specific services did you provide to Roots Music Project? Um. In addition to the uh seller sort of training Mr. Kennedy mentioned, we did a neighborhood petition for needs and desires. And what was your method in conducting the survey? So, first of all, all of our circulators are twenty, one years older, and they're way where we where our alcohol petitioning service apparel with the name tag is their name

[33:06] uh each circulator. I have with them a clipboard, two of them actually with the following and a map of the designated area provided by the regulatory Uh licensing division involved in there describing the area dairy we can actually petition. They have the application summary page and door to our neighbor, repetitioning the business and resident petitions, forms for new lodging. Our team of license. We're provided both businesses. Residents include a section where people can indicate their support or opposition to the license, and we also had a list of other legendary team and licenses in the area, which was one, 13039901502: and then a challenge sheet for the people who decided that you don't want to sign. So each of the of the petitioners show The petition forms the area map, and we're asked to read the form to the people that are petitioning and verbally told of the license type being applied for site, location more located, and other licenses in the area, and also the up its name.

[34:03] Each person who signed the application petition to the petition indicated. They were their owner or manager of the business, and the resident located with an area There were twenty-one years old, except for three that i'll explain here all of it. The neat signature was freely and voluntarily given. Like an influence or circular. We can have the survey uh between Wednesday, September twenty, eighth, and Saturday, October fifth, on six different occasions, either using one or two circulators at a time. What was your initial tally. How many total signatures did you obtain? Uh, one hundred and thirty-nine? And were there any disqualified signatures? There were three three disqualified uh in the form. Uh, they, I think more so. They were an employee or a clerk. I did not indicate the remand or owner of the business, so they were Okay, um! And then looking at your total um in favor. How many did you find in favor of licensing for Roots Music project?

[35:06] Uh: taking away the disqualifiers, one hundred and thirty-four uh in favor. And what approximately percentage is that of total uh, about ninety-eight over ninety percent in favor. Yes, and how many against, and what were the reasons for the opposition one uh put down on the form. It was too dangerous. Other person that safety concerns, and no city support based upon the survey conducted. Do you believe the needs and desires of the neighborhood remap by this new license the desires of that, you know, if you need to count the two people. I said no, it wasn't the desires which I think it's hit him. It's on the i'm. On the fence, whether I think, for a uh, you know, as far as reason. But even if you take those

[36:04] I include those he hasn't, he's still over ninety percent favor, all over one hundred and thirty, you know positive uh signatures, you know. We we we made four and ten attempts of people uh businesses in residence and forty-four. Those people were not willing to sign. I they had no opinion. Seventeen of them Fourteen were too busy. Eleven we're not interested in in two people, and give a reason why so overall, I thought, was a very good petition. They a lot of good support for this license applicant. Um, and I definitely believe that I need to perfect. Thank you. I tend to tender this witness to the authority for questions. Are there any questions from the authority I don't have any at this time. Remember Car. No questions, no questions

[37:01] at this time. Um. Roots, music, projects, application for lodging and entertainment licenses in order. The applicant is an experienced restaurant bar and entertainment venue operator. I've heard testimony that the neighborhood needs and desires have been met based upon the survey taken of over ninety-eight percent approval in the neighborhood. Um! And for these reasons for the music project respectfully requests the bl issue a lodging and entertainment like our license. Thank you. Thank you. Um. Any comments Um, any any other? Any other questions for you? I'm shaking heads. No, Mike. Okay, Then um. Let's close this uh to to deliberate the the the matter is there uh any comments you want to share with each other with regards to this, before before we make a motion,

[38:05] did silence. Okay, I don't have any comments. Yeah, Okay, uh. Is there a motion, then, to approve the change to this license to a a launching, an entertainment license um member Carl motion to uh approve the license there. A second emotion All in favor, say I I the Roberts I the wall is I good luck, Mr. Kennedy. Thank you very much. Now I think We' go back to it in. I know five.

[39:04] Yes, that's right. So thank you. Everyone. We um we'll move on to agenda. Item five, which is continued showcase hearing concerning an alleged june twenty-seven two thousand and twenty-two violation, and whether the retail liquor store type liquor license held by has to tech corporation, Dba boulder, beer and liquor, and for him four, seven zero zero table means that Jack Folder, Colorado, eight, zero, three zero, two should be suspended or revoked. Um, and I believe the applicant is here. If you are here for this. Um, thank you. And if you unmute yourself, hey? Hi, hello, yeah, is it? Just your cell phone will be appearing. Was that

[40:08] um Spell your name and give your home address in the record. Okay. My name is Brad Karky B. H. A. R. A. T. K. A. R. K. I. Home address would be eleven, seventy, five trout, Greek Circle, Longmont, Colorado, eight o five o four, thank you, and then um i'll just give you this one in here, and then i'll Let's take it away. Um! If you'll raise your right hand for me, do you swear, or that the testimony you're about to get before the beverage licensing authority is true. Yes, perfect, thank you, and i'll let the authority take it. It's the license. He is not represented by Council, and I go ahead and read the procedures into the record. This is a public hearing for the beverage Lessing authority, the city of Boulder, to determine whether or not the license of has tech corporation doing business as

[41:01] here in older beer and liquor emporium. Um, that's the that's also with a with a retail license she'll be spending a revo on the basis of the violations of led to the or to show cause, served upon the license, and requiring the licenses presence present here today, because this is a disciplinary proceeding. The authority shall not ask for or allow comment from members of the general public on the guilt of the licensee, or the appropriate discipline to be imposed. The purpose of this hearing is to receive testimony presented by the city by the licensee, in order to enable this authority to make findings, and to determine by a preponderance of the evidence, whether or not the license has violated the various laws, as alleged. If, in the course of the hearing, testimony, or other evidence establishes the guilt of the licensee, or the violation of some other law, rule or regulation, than those stated in the notice. The license you shall be afforded a reasonable continuance upon any offer.

[42:08] That evidence is in defense. Explanation and mitigation is not then available for the licensee, but can be attained within the period of the continuance not to exceed ten days, a record is being made of these proceedings. All testimony shall be given under oath. The rules of evidence and requirement of proof and procedure so so confirmed to the extent practical to those in civil and non jury of cases, but when necessary to ascertain facts affecting the substantial rights of the public or the license, the authority may receive the consider evidence not admissible under such rules. If such evidence opposes probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. The rules of privilege required by law shall be respected. In this proceeding the chair may exclude incompetent and unduly practical evidence. Chair shall rule upon all questions of evidence and and procedure, subject to being overruled on motion sustained by a majority of both of those members of the authority present.

[43:13] Should Should a license you wish to request, they find a new of active suspension days, they should notify the authority of this after a penalty is determined, if any. But before suspension posting is discussed, and the licenses should be prepared, so the to supply, and the estimated per day suspension dollar amount. The authorities deliberations. Those who desire to be heard shall identify themselves by stating their name spell in their last name, and stating their per pertinent address. They shall also be sworn in by the Board secretary. Cover card. Now remember, Robert, to know

[44:00] then, or if you want to go ahead or with W. We're We're We're the city attorney There it is. Yeah, this is Jb. Canifax with the Boulder City attorney's office registration. Number five, two, three, two, seven, and we've reached a stipulation on this matter. Well, thank you. Um. We'll go ahead and vote them to the acceptance of the stipulation, all in favor of the of this accepting the stipulation to this this. Excuse me, Mr. Kind of X. Is a step position. This fact and and tech penalty, or just fact, it's just a stipulation to the facts here. Okay, it's all in favor. Then, if uh stepping the stipulation, in fact, please indicate by saying, I I member Roberts I

[45:01] so you can effect if you want to see um, and I believe at this point uh the the under the license would be able to testify. And then the Board. Would you proceed to sentencing? Okay. So if you'd like to share with us um any information you have with regards to um mitigating factors that we could take into account, and in determining your penalty all right. Do you understand that? No, no, I was asked. I was asking if you have anything you'd like to share with us with regards to what what occurred that you would like us to consider when we, when we determine what the penalty would be. Okay uh what happened was that day uh due to this all circumstance I don't have uh

[46:00] uh permanent employee working for me. So I I have to work by myself uh for long time like open to close. Sometimes. Sometime I get my wife. Come and help me out. Sometime my daughter comes and me help me out. There I was able to work. My daughter has tips, training, and everything like that. And uh that day what happened was: My son has a doctor. I pointed at the nine o'clock uh the son is my son is twenty, one years old only, and he got all depression, and these online classes and stuff like that. He goes on the Ceo boulder, and he's uh in with the doctor uh visit, and my wife told me to go with the son because he has depression and anxiety. Stuff like that. So we don't want him to go by himself, and I go with him at nine o'clock, and I came with my cousin, one of my cousin. He came to visit me, and I opened the store and stay a little bit doing other stuff here at my store open at ten o'clock, and I told my cousin to stay here

[47:01] little bit do uh clean the vacuum and do this stuff like store. And I went to hospital long one clinic, and I was thinking to come back like ten o'clock to run the store. I was around ten ten something like that, and I didn't even told him to run run the register or something. But he has done business. Back in Nepal He's from Nepal came to visit me, and some of the customer came in, and he was with me for the week, and he knew how to do little register thing, and and he did a business back in Nepal. And so he said, Why should I tell customer? The cashier is not here. And yeah, she is not here, and he run the he take one customer. And that was the steam. So unfortunate happened that day, and I was. I came back on time, but

[48:05] that unfortunate thing happened, and he went to Code. He got fine. He got to, and he went back to Nepal. And now I'm. By myself in the store. Okay, it sounds like it. It's pretty. It sounds like you. Your representation of what it happened is exactly what we we heard had read. I have a question for you, however, in that is, on under your tips training. I don't see any evidence of either that you had been tips trained or your wife. It sounds like, and your daughter Yeah, my daughter has to training the a wife, wife, doesn't work here. Why, she comes once to see her other job. Once you finish the job and she comes and do some stalking back there cleaning. I stay on the register, because I can't go back and forth, and they come and help me out on the back stalking and organizing my backstop. And

[49:01] and finally I have find one employee like a couple of weeks ago, and he is already tip-tr. And now I start doing I hiring experience employee uh as much as possible, like cheap tre employee, and I try to try my best to avoid all those uh problems which come to the store. And yeah, that's all I do, and uh like, right now I have all kind of signs like no underage. People enter on the store, and there's a counter on the counter. Anybody who is uh fifty or below has to present the Id uh on the cash on the cashier place to buy the alcohol. So, and quite a few time I start taking the test like I give several uh dates, and if they can purchase alcohol or not, that kind of test I start doing, taking the because they unfortunately they took a vertical Id, and they tried to do the math on the date, and

[50:16] they can't figure out even. I told them not to take a vertical. Id not to take the vertical Id and happens. But is there a reason why we don't have any evidence of your being tips trained, either. I i'm you are too straight. One of the things you were asked to to was was to bring was your your proof of Tips training uh when we didn't receive any of that? No, no, I send uh with uh last time. Uh, I just uh file application for a renewal, and even uh, uh, I think last year uh renewal application renewal, I think Michelle Coke

[51:01] uh well, whom I take with the he didn't send me the card. He send me the little paper and the certificate on the paper and email, and I I forward that email. And they said, Okay. And that Guy Haven't sent me the card yet, and just lately, like a week ago, I upload my That paper is still hanging on my uh board here with the license. And this stuff like that goes there, and I send the email to uh Aaron, or something who is taking care of my application uh for the renewal. I just sent her even first time when I Yep, file the application, and I send that time also. And she said, few documents are missing, and my accountant and me discuss, and I send again that boulder uh city of Boulder pays one and base two application form plus uh that deep training certificate. You're saying you're saying that you sent the this tip training to you for both your daughter and yourself that you're renewal time.

[52:06] Yeah. Oh, no, not the daughter, the daughter hasn't uh renew yet so she had to take another one. No, i'm i'm saying that she does she have any proof of Tips training at all. She has. Yeah, she has it. And did you? Did you include it in your renewal back? I thought I, that if doesn't need to send it, because he's not a regular employee or something like that. I just ask that help sometime, my son, even come and help me out with stocking on the back he's twenty-two. Now you need to understand that this. The requirement is that anyone involved in the sale of alcohol, and I know you're just saying It's just temporary, and it just when they're here for for this, that it would behoove you to. Then get them to tips trained so that you're not in violation of that requirement.

[53:08] Okay, even even if, like, if I call them whenever I need some time, just to stack on the back whenever I I run the register because I can't go back and forth of time. So I just tell them to come and help me in the back. You're you're correct. Even when that situation Yeah, i'll make sure. All my whoever my family member comes and work, I will tell them to do my uh online, or whatever in in person training, and uh, submit within week or two. I will do that. I think you've taken the tip training, so you know it's not that difficult to get to get that. Yeah, yeah, it is. It is a requirement. And so I would. I would only request that is going forward if you're going to have somebody, and I totally understand You've got family members who are just pitching in and out, but every once in a while they're going to stand up to cash register.

[54:03] I'm the one only who's still in the register, and they come go back and uh stop the on the cooler. I never say that that's that's true. So that's what i'm planning now, and the first time uh my uh, I think, on two thousand and twenty. I think I send my daughter's uh keep training card there. It should be on the file. But, uh, i'll tell her to do new one, because her uh tips was expired last year. I guess. Great anything else you'd like to present happen. But that happened. I guess it's not going to happen again, and whenever I had employee make sure they are well trained. I'll check them. I like, Take a test, my internal test all the time, every at least,

[55:02] once in a week, or, you know, twice in a month something like that. So try my best to not to offer that incident again, and strictly warn them and post one vertical. Id never ever tech, never ever touch the vertical. Id Whenever there somebody sold you vertical Id they said no, we don't is accept Don't even do the math, if it's that legal a's to buy the alcohol or not. So I don't even tell them like Don't even look the data, but just said, refuse it. Great idea! Anything else? You're finished there. Yes, sir. Okay? Well, thank you. We'll go ahead and and and close the uh hearing to to uh deliberate now, uh amongst ourselves uh via, and and and Mike um the chart Um, uh, If you take a look at the chart, we generally go by the charge uh failing any, any mitigating circumstances, and it's up to you to decide whether or not you feel there are mitigating or aggravating circumstances Um, to do, or what take that into account. Uh, when we're determining the uh penalty,

[56:12] do you? Either one of you have a suggestion? I I do have another question actually um for for the defendant here. Um sorry. I'm sorry. I'm sorry I' i'd close it to just to deliberate. But but if you have another question. Uh, we'll go ahead and go ahead and ask the question. I thought, Okay, Yes, you know, my question was around the written policies like, Do you now have a written policy in place like Did you have one in place at the time? Um, you? You talked about a couple of things you're doing, but you know i'm just curious. If you have anything since you are especially, you are hiring a new employees. Um! Have Have you created any written policy that you're requiring your new employees to sign on onto sign on uh on the tip training. But even beyond Tips training like your own personal as as the employer. Um, you know, if you work here, this is a condition of employment you have to, you know. Hold! I have these policies. You have policies for them to sign. Yes, okay,

[57:13] Got it. And and are you, uh, uh, uh, part of the responsible? Is it uh the Association responsible retailers? Or have you been attending any of those meetings uh meetings about this? Uh, like the operation Kind of meetings I haven't. I haven't attend that. But I got uh several uh those thing I read, and from the Law Enforcement agency I get email from them. And was the State policy, or something like that? I read that. But I haven't had any meetings so far. Thanks. That those were my questions. Okay. Uh, do you have a recommendation, or or Miss promise? Do you have recommendation for uh uh going forward on a penalty. We don't in your recommendation. It's just something you that you we we we would discuss after you've made the recommendation. It's not something you're saying. This is what we have to do. We just deliberation. We just come up with something that works for all of us.

[58:19] Um the chart news one clarification on that. So there's days served, and there's advanced days. What What is the major difference between those? Um? So it would. It would be fifteen days or fourteen days uh um total license suspension if it were a retail, a a a, a, a a hotel restaurant license, with uh nine days held in advance, and five days served uh for a nuclear license store On our first count. It is uh nine days, with with, with three days served in six held in advance. That is the chart recommendation that we adopted. Uh, that the State has for for the for the penalties.

[59:10] So for the so we could begin there. The the uh, the chart requirement, or the chart uh recommendation, or what all the licenses are aware of is that it would be fourteen days. Um, because you use a a retail license. It's fourteen days with three days served, and uh uh or excuse me nine days, but three days served as six days held in advance, and the help in advance to say no means that he doesn't have to serve, but he does, They're held demands until a certain period has passed, and if he does another violation, then he has to serve. Those held an advanced days in addition to whatever. He will not have to serve those days unless he has another violation within the timeframe.

[60:00] Yeah. And the idea here is keep, you know, to make it so that there isn't a second violation, because then there will be a lot more days that he has to serve. And what would that would mean would be on the on the second violation he would. We would set the penalty for the second violation, and then add on top of that the days held in the bands for the first violation. So it it would. It would be a significant addition to what that way and and and and on top that it would be a second it. The second count within the timeframe, which, which, as you can see, moves it up to to a significantly more. But even so, the days and the bands get added on to the top of that. So the days of in advance uh really is, is a a way of of encouraging the license to make sure it doesn't happen again, because if it does these days and the ban will have to be served, and can you clarify just what the term served means? What What does that mean here?

[61:04] Okay. So the store can be open. But I can not sell alcohol. Okay? And you can see That's why the the liquor store ones are less severe to to the restaurant license because they can still serve food, and They just can't serve alcohol, but a retail license is much. It's much more basic to the to the the outcome of the business, and so it's much. It's much less of a of a day served than it is for a a a a hotel restaurant license, so that the the table recommendation is um nine days with three days served in six days. How in advance anyone like to make an alteration of that? Or we are willing to make a motion to accept that. Um, yeah, I I uh, I think i'll. I'll make a motions number car. I'll make a motion to uh accept the

[62:05] the first or proposed. The first option, which is three day serves, and six days in advance. Is there a second? All in favor? Please indicate by same up. Remember, Roberts I the car number car, I or Wallace. Sorry it's there. There's an order, and it again. I didn't follow the order correctly so and so, uh, sir, I. What we What we need to do now is set the date to begin this service. Uh, does any in uh, in in uh, either, or all this, or or or Caitlin has there been a a since it's been so long since we've been doing this, is there? I I and I haven't been present. Uh for for Kevin. So uh it absence. Uh, since you you've been doing this, Is there any new way of determining what the what the date will begin the

[63:03] how, what, what's, what's what cause we like to be consistent when we do these things. And so is there a procedure that you, either one of you remember that we we do now. I remember that we choose the first Monday after. Uh um a A. After today, if you're able to, but to get the posters together, so that would be on the I don't have a calendar, but that's up to me one day twenty, twenty-four would be when it would begin, and it would be for twenty-four, twenty-five and twenty-six uh. So the mid uh midnight on the twenty fifth or midnight on the twenty fourth, which are, or or one or four one, and I don't twenty-threerd, would would be my proposal, but then the penalty would be uh would be served anything Laurel or caitlin. To my knowledge there is no new way of doing anything. Um! This is one of the first,

[64:06] then then let's go. Let's go ahead and do what we used to do all the time. So he said, It's really important, I think, for just to be consistent with these things. So as a license he comes in that they they know what to expect, and if there's no nothing that is so, I would. I would. I would make a motion to the penalty to begin at midnight on the twenty third, which means the the the first minute of the twenty for the twenty-four, and then uh, uh, and then continue until midnight on the twenty seventh, Monday, Tuesday, Wednesday. Yes, member car i'll second that motion all in favor. Say I. I Okay, when you'll be able to get a post ready,

[65:00] our office will definitely be able to take care of it. Is, this is a a new, a new thing for those for the licenses. So if you could just help them out, absolutely no problem on to agenda. Item six, one second for me. Just want to make sure I got all these days. Right? Okay? Thanks for your patience. Um, yes. We are moving on to agenda. Item six, which is public hearing and consideration of an application file on July thirteenth, two thousand and twenty-two from Mob Market I will see It's Dba modern market, one six zero, zero, twenty Eighth Street suite, one, two, one, two boulder Colorado, eight zero, three zero, one to low food management. I will see one hundred percent owner and managing number of license, the Llc. And registered manager and Anthony Piglia, Campo, owner and member of Licensee, Llc.

[66:06] And with additional individuals stated as the Cardi and Stewart Winburn the third, owning over ten percent interest in licensing with a promised business mailing address for a renewal of a fear and wine type of liquor license. And I see that we do have representatives from monarchy here. So I looks like Mr. Hayes is here. Yeah, hello! And will there be anyone else to any deal. It is just me, thank you. And um! How are you associated with the license? I am the Uh. Senior regional director of Colorado. Thank you. And if you'll raise your right hand for me,

[67:02] do you swear, or from that the testimony about to get before the bever's licensing authority is true, And do you. I swear that the premise has been posted for at least one day prior to today's hearing. Can you repeat that I like that, Mr. Hayes? You're not represented by council, and in he, since I have not read these minutes, there's this procedure into the minutes before i'm going to go ahead and read them in. This is a public hearing before the beverage license the authority of the city of Boulder to determine whether or not the application of mob Market Llc. Doing business as modern market. Uh for renewal of a beer and wine type. Liquor license shall be branded to deny this. Hearings conducted, pursuant to the laws of the State of Colorado, and rules of the beverage licensing authority, the city of Boulder. The purpose of this this, this this hearing is to receive information, data, and testimony by interested parties. In order to enable this authority to make the findings, and through conclusions required to be made by State law. So, whether or not the license shall be renewed.

[68:08] Interesting parties are the applicant residents of the neighborhood, affected by the license as previously determined by the authority and the owners and managers of the business located within the neighborhood. This hearing shall be limited to the question of whether there is good cause not to renew the license as so forth in the hearing, and it was dated uh June thirteenth, July thirteenth. Um. A record is being made of these proceedings. Those who desire to be heard, she'll identify themselves by stating their names, spelling their last name, and stating their perpetual address. It shall also be sworn in by the Board Secretary and for Cardinal Member Roberts. No. Are there any interested parties or persons who will act as a witness for interested parties?

[69:07] The members of the general public who wish to to supply a comment as interesting parties because they are not located in the in the comments only those not seeing anyone. Then, uh, would you like to proceed, Mr. Hayes, with regards to uh? Why you're here, and uh we can forward uh, yes, please. Who's due? Are you asking me to give my statement. Yes. Why are we here? Why, why are we here, Mr. Hayes? Oh, okay, Well, how are you here? That is a great question, We are here. I am here. Um, Because our renewal that came through via email um to our Ceo and our accounting team um was not. Was the Ceo received the email accounting team did not. It went into the spam folder. Ceo thought that the county would handle it

[70:06] upon for the review. We found that the email it did a pass. We had missed our renewal time. We've had a license since two thousand and nine. We've um, you know we haven't been in any trouble. Um! The print. What we've done to mitigate this in the future is we've added these uh terms to our calendar. We've got it go through our email because this is not the first that has happened to find it into the spam to change the settings. I'm not it. So I can't speak to that. Um, but that's pretty much it in a nutshell. Um caitlin, is there there there? There is nothing. There are no sales tax issues regard to this right? That's correct.

[71:00] Any questions for Mr. Hayes from the is Roberts. Uh? Then I I would just ask you've got quite a few licenses now in Colorado. And um, it do you, Mr. Hayes? Do you have any other businesses similar to this that you also are are involved in? I do. Yeah, yeah, we actually we have um. We have seventeen licenses now, And we've added all seventeen to our accounting calendar for the renewal. That's what I was going to suggest you do is you have somebody whose job it is uh to go through on on a regular basis to determine what days you need to do to respond the whole reason. The whole reason we set it up this way is because it's an added a a a amount of work for our our city staff when when this happens, and we want to bring this to your attention, that it happened in an attempt to try to make sure it doesn't happen again,

[72:01] and it sounds like you've taken some action to make sure it doesn't happen again. Is there anything else you'd like to expound on on on the issue of it. We can make sure that we doesn't. We don't need to see you again. We will not be here. Well, thanks any any questions from the authority, not seeing anything. Is there a we? We'll go and close to deliberate. Is there a motion? Emperor Car will make a motion to approve the renewal. Is there a second member, Robert? Second to motion? I'm hearing it Then uh this boat, remember car number car. I There you go

[73:00] awesome. Thank you for your time. Sorry that sorry I wasted your time on this, but thank you. Have a great day. Keep on keeping up. We will take care. Thank you. Um. We can move on to agenda item seven, which is public hearing and consideration of an application found on July thirteenth, two thousand and twenty-two from Ragland Market Gunbarrow, unless the Dba Radcliffe market, five, three seven eight gum barrel, center, court unit, two boulder Colorado, eight zero, three zero, one Matthew Jensen, one hundred percent owner, and with Megan Jensen as registered manager with a premise business mailing address for renewal of a hotel restaurant type look for license, and I believe Matthew is present, and Mr. Jenny, will anyone else be appearing with you? Uh, no, just me today.

[74:13] Vulgar Colorado, Eight or three or four. Thank you. And then, if you'll raise your hand, do you swear, or from the testimony you're about to give to the Vla is true. Yes, and do you swear from that you or your employees are close to the promise on ten days prior to today's hearing. Yes, thank you. Uh Matthew. Uh, since you've been here while we've been proceeding, we we read the procedures into the record. Would you be willing to wave the reading of them again? Yes, Thank you. Uh. And then, if you would like to, then go ahead. Actually is there uh anyone in the audience in in the in the who's online with us here today

[75:04] would like to to give evidence. Not see anyone. I'm going to ask if there's any conference meters or ex-party communication from the authority and the Cardinal Member Roberts now. Um. So, Matthew, if you just want to go ahead and explain to us why you're here today because you got um things that do what we got uh. We're here today because our uh application to renew our license uh was eight days late, and uh, I was also here for the uh previous hearing. Um! I get most of our mail at um at a different address than the restaurant, and uh, and just a piece of mail got lost in the sheeple. Um! We're eight days late, and here we are. Um! I also um

[76:01] made it a point. I have two licenses, so I will um not miss the uh application renewals in the future. Um! It's It's really just that at that mistake on our part. Anything else that is it today? There's not a problem with sales tax. Absolutely. Okay. Any questions from the authority for for Mr. Jansen not seeing any. Or is there a motion.

[77:00] Never car will make a motion to up for the renewal. I second moved and seconded in the discussion. Uh seeing any on favorite River Wallace. I good luck, Matthew. Thank you. Next we have agenda. Item. Make sure you have the right one. Eight here agenda. Item, eight public hearing and consideration of an application filed on July twenty, six, two thousand and twenty-two from Shreya, Sandy, or Inc. And seven eleven Ink Dba, seven, eleven store, one, three, one, six, four, B. Two, six, zero, five Belmont road folder, Colorado, eight zero, three zero four. And here in franchise e llc with Karnuchar, stand here as president and one hundred percent shareholder on franchise, Llc. And with seven hundred and eleven inc franchise, our Corp. One hundred percent owned by Sej. Access management and Investment Company, and with Joseph to Pinto as President Ceo and Director,

[78:13] ranking gas away as senior Vice President, secretary, and general counsel, and with Stanley Reynolds executive vice President and chief financial officer, a Franchisor, for with no other person's owning more than ten percent interest in franchise or work with the business mailing address of po box, two, one, nine, zero, eight, eight Dallas, Texas, seven, five, two, two, one or a renewal of a fermented Mall fibers off from a start of liquor license, and I see that is present for um. This you'll just record your appearance for me, and let me know who else is going to be? Uh. Good afternoon uh Kevin colts here on behalf of uh sand here ink uh Shri sand here ink and uh seven eleven incorporated um. My registration was two five nine hundred and ninety-five, and I'm. Counsel here from Uh Dylan Dale. Uh Mark Beason is present he is an area leader with seven, eleven,

[79:06] and uh Mr. Sand. Here is also present. He is the sole shareholder uh director and officer of um shari sand. Here he can corporate. Thank you very much, and i'll have uh Mr. Center or Mr. V. Single first. Whoever would like to um if they're going to give testimony, i'll get them for it. I believe they, if they're listening. Mark. Uh, okay, there you go. And you guys uh unroot yourself and hold the video. Yeah, Thank you. If you'll just stay your name. So your name, and give your home address for the record. My name is Good afternoon. My name is Kamla, because i'm here and um my! It's a spell as a A. R and a gay or last name.

[80:14] Eight zero, three zero, three, thank you, and then and then mark Basin last name B, E. S. O. N. Address is five, two, zero, five East, one hundred and forty eighth place, Fortune, Colorado, eight, zero, six, zero, two great. Thank you. Um and Bill, both raise your right hand for me if you can. Thank you. Uh, do you swear or firm that the zoom that you're about to give before the beverage licensing authority is true. I do. I do. And do you swear or firm that you or your employees have posted the premise at least ten days prior to today's hearing. Yes, I did that myself.

[81:03] I think that's it for witnesses. So i'll hand it back over to Okay. Um, As you are represented by Council. I asked Mr. Co. You could be willing to leave the reading of the procedures into the record. Absolutely, Mr. Wallace. Thank you. Then uh, any conflict of interest or ex part day for any of the members here presence. No Member Roberts. Now i'm ever Wallace no um. If there's anyone here present who wishes to speak to the renewal of this license. Don't see anyone; but if you do, please let us know by unmuting yourself, not seeing anyone, that a Mr. Coast, if you like to go ahead and explain to us why we are here. Thank you, Mr. Walls. Um! The renewal in this particular matter is as you recall, it's a joint license, so it's seven, eleven incorporated in um K's uh entity, which is Sharia Sand. Here, Inc. Um seven, eleven does the renewals from Irving taxes

[82:12] uh, for all of it throughout the country, but certainly all of the ones here in Colorado. Um! The renewal was due on July twenty Fourth um, which I think was a Sunday. Um, it wasn't filed until July twenty sixth uh It was incomplete because it didn't include in it. Um! The information associated with uh training um, as well as there was a tax issue which is my understanding, has been paid. Um! Seven eleven during this timeframe uh, actually, about the third week in July uh nationwide, laid off about eight hundred administrative employees and um. And with that, when a lot of historic knowledge about how to do things uh in certain jurisdictions, particularly here. So uh, the renewal was not timely file and um, it was lack the necessary and proper information associated with training which has been submitted.

[83:07] Um! All the employees have been tips trained. All the employees previously had been uh come of each trained through the seven eleven process. Um, their computer based module training. So everyone there at the store has been working with that training. But uh, now everyone's been tips trained as my understanding, and uh, those forms been filed. Um, I've spoken with the folks down in in in in Irving, Texas, and um told them about. Obviously the circumstances here with Boulder that we'd have to particularly be very careful with renewals, because it's it creates a lot of uh a work from the staff here. Uh, and for the individuals here in Boulder when they're not timely done, and they're not complete. Um, but um! I think more importantly, Mr. Beeson and Mr. Sand here locally here. Um, I've taken this up on a process process going forward, and I think that's what they put in their compliance

[84:01] that every year they will be on top of this, not by July, twenty, Fourth, but I think July one um is really the date that they need to to evaluate this. Make sure that everybody is in compliance. Um! All employees will be trained going forward within sixty days of higher as well. Um, but the the you You use the a a good term, Mr. Wallace, that is to pull out the red pen and um circle the circle of calendar. They? Um, I think the date they're going to circle. Here is July one, and uh start working through the process to make sure that it's complete um taxes or review training is complete, filled out, done, and um submitted. Uh by the by, the twenty fourth going forward. Um! So uh, these two gentlemen are here for any additional questions you may have. And again, we understand that that this does cause a uh causes work for for for uh, everybody here and um for that. Uh, both the applicants have eleven in as well as Mr. Um. Sand here incorporated. Um uh sorry for that, and um have a setup mechanis going forward to to not be here uh next year with the same problem,

[85:15] any questions from the authority for the licenses, or Mr. Codes not seeing anything. I I just have a couple of questions. Um number one you have here uh pretty much besides Mr. Sand here just three other uh uh people who have been trained in the tips, and then one who is planning to be trained. Um! And they were done in August. With this uh the the place latest did, did, did they? Did they? Did they ever go out of uh uh compliance? Well, so yes, they would have been out of compliance. But if you remember, during the Covid period Um, the the online responsible winter training wasn't acquired.

[86:01] So um uh the when Kk. Took over the store in April of two thousand and twenty-one during the middle of Covid. Um, basically uh, you know, they used all the come of age training program through seven eleven. Um. All these employees have been there since then. So um! When it came to their attention that obviously it has to be online, it cannot be online training or cannot be uh it has to be responsible vendor training through tips. He went out and had everybody train, so everyone has. So so there wasn't. There was not compliance, if if that's your question. Um, but there's certainly compliance now. The the third, the last individual, I believe the fifth individual was trained on April. I'm sorry. August. Um i'm. I'm sorry. October Twelve um and that training did occur. Another question for you. Then. Um i'm in the start with some frequency, and I I i'm sorry, Mr. Sandy, I We've not. I've not seen you there, but I see many employees in there, and more than that are listed here on the on the sheet.

[87:05] Go ahead. Yeah. Sorry about that. Um, Because I do have some employees working my Broomfield store. So because of Covid, if somebody gets sick or something, So what do I do is I just take some people from here for a couple of days to help us out over there, and uh the employees are working over there. If there's any potential for for them to be selling alcohol to your location in boulder, they their tip. Certification needs to be on fire. Yes, but none of the employees are working over there more than sixty days, so I have my regular employees, and they are all tips trained except one. So we got him planned a few days ago, because there are employees who are there from the previous uh ownership as well they they they were. They print uh done some of the So the manager, he uh Sudh, and his wife Usha. I think they were to trained before. So when I took over the store there was, uh

[88:09] I wasn't not informed that I have to do any of this type of training, so this time around when I receive the letter, so I make sure everybody has the tip streaming done, including myself, as I say, i'm in the start with some frequency. Now that I have a list of the employees, I hope it will be helpful. And Mr. Mr. Wallace, I think what you're also saying to Mr. Sanders is is, make sure that anybody that's there is tip string. I I I don't have a reputation for being subtle, but maybe I was being a little too subtle. Well, you didn't used to have a beard the last time I saw you, Mr. But I didn't either. But you're right. It's been spend some time. But uh so, and it's It's the only other questions I had. I want to make sure, and with regards to the taxes uh what was the story behind the taxes.

[89:06] So my understanding is, it was two hundred and seventy three dollars, maybe two hundred and seventy dollars and sixty, three cents an admin paid. I don't know why it was sales tax amount it was. It was cleaned up and fixed. Uh, Uh, certainly Mr. Beason has to pay for it to to show that the both seven eleven took care of it as well as the department. Okay, Any other questions, possibly from a member call. Remember Roberts uh seeing anything more than all ahead and close this, for to deliberate Um, is there a motion to approve the renewal of this license Member car will make a motion to approve renewal of the license number. Robert Seconds to motion. I'll put in a second to all favor, say by the car.

[90:00] Hi! The roots! Good luck. We don't. We don't need to see you again. Okay, Thank you so much. Appreciate your time. Thank you so much. Appreciate your time, folks. Alright, Thank you for ten. Yeah. Oh, go ahead. I don't have anything this month, but it's good to see you all that. Thanks for sticking with us. Um! And next you have management licensing quick. Um! The first matter on there is applications for upward dining pilot program on your agenda. Um. It has some information that there's been twenty-three apple dining pilot programs issued. Um since October, third and there's no pending applications remaining Um! And then there's more

[91:06] information about what the window looks like for that You guys have any questions, Please let us know, and we're very happy that we've gotten that all that push through. So um! That was exciting for um. Next to the the boundary setting for applications for November, sixteenth, two thousand and twenty-two, and here we have um one, four, six, eight Pearl Street, Llc. Dba Pristina wine shop at one, four, six, eight Pearl Street unit, one one, one zero boulder, Colorado, eight hundred and two for a new beer and wine type liquor license. Um. I found that the closest and the most recent um um boundaries for this was a Vonti, and it's just Caddy Corner, across the street, across Pearl Street. There, um! And there's we're here. Avenue extended on the North

[92:06] Pleasant Street, extended on the South Fourth Street on the east, and uh Fulsa on the west. The only question I have on that is Pleasant Street. It's way at the top of the hill there. Second my second, that remember, Carl second, that on favor of the car I, the Roberts, Thank you. And then, if you ever have a request to see, like my like a map, or where that is in relationship to each other. When we give you those kinds of things, just asking, i'll share my screen, or whoever's doing how will share their screen? Because I don't know how you have the map in your brain. But

[93:03] I've got. I've got the map of my brain and every building on every corner. Google Max makes it a lot easier. Say that. Um: Okay. So next we have expected administrative processing of liquor license transfer applications. There's two on there. If you have any questions about those, let us know otherwise we'll just move on. Is it? Is it new ownership at Petty Johns. It is Yes, excuse me, it's a long time they've found it. It sounds interesting, and through the pandemic to come out on the other side. I apologize. I have one. Very um yes, penny drum is a new or a new, or

[94:01] you probably want to retire like me. Okay? And then there were no stories, wineries, or distillery. Um for this month, and then uh, we provided the special event like requirement list for you. And then the last thing we have on. Here are some discussions on looks like the first one is discussion of virtual versus in person hearings. Thanks, Caitlin. So at our last um meeting we talked about um having a discussion amongst the Board members about um, whether you'd like to continue to hold virtual hearings or a transition to in person hearings, or some sort of hybrid model Um. The direction that we received was to kind of continue that discussion till we had more board members present to participate in it. Um! Given that we only have three uh with the board Like to have that discussion tonight, or continue it until the November hearing.

[95:12] You know, i'd like i'd like to move from the the online to to in person uh as soon as possible. Um. We are a quasi-judicial board. And um it's we affect people's businesses uh and can affect them very seriously their their future. And I, for one, would prefer to do that in person rather than uh on online. I uh the only reason i'm not. I will prefer to do it tonight rather than forward, because that means It's another month to go forward with that without. Do you know if there uh um calendar, are there any show causes next? I don't let me let me terrible check for you. I don't think I know that the the officer Danny, was going to go ahead and do some enforcement, and um I don't know if the um one licensing was, was it but that? Probably not because he announced he was going to be doing the Enforcement last month.

[96:16] And um, as I said I would prefer, when doing the judicial portion of our our um our job, that we do it in person, and that's why I would like to go forward to to going back to doing these things in person. Um, I think that. Oh, can you guys hear me? Okay, I i'm definitely open to having the discussion. I feel like we would need the other board members, though maybe I mean no, we can do it as three. Okay? Well, I any other. The other two, The other two Board members are entirely familiar with what the what the two things are, but both of the doing it in person and doing doing that. And so we we we made this uh, uh, We did this because we had to, because of the uh pandemic, but but it's really

[97:18] it it it's a um a very different animal than doing it in person. So I think we, I think the three of us can. But but if we don't have the unanimity, then we could just push it on to the next month. I i'm not trying to don't. Try to force anything through it just like i'm, i'm, i'm, i'm, i'm, i'm saying, this is what we have to do. But i'm just saying, this is what I like to do so. Well, I guess maybe I brought that up because I am an opposition. I wouldn't have been able to attend the day. My whole house has hand, foot, mouth, disease. I have twin toddlers, so I wouldn't want to come and expose you guys to that. So I think

[98:00] when I applied for this, I knew that there was a chance of going in person, but it was also made very clear that they would at least be a hybrid possibility. So i'm afraid that I would end up missing meetings. I have twin toddlers um. I don't know i'm worried. I would miss more meetings. That's why I don't want to go to full in person. Yeah, Because it's only two meetings that you you're allowed to miss. I think you've already been there. I've already been Well, I wasn't I mean I've only since I've been sworn in. I've only I missed one meeting. I do believe hybrid will be an option. Um staff is going to be receiving some training on that technology in the coming weeks. So we'll we'll learn more about what? Exactly that would look like. But

[99:02] in the ordinance that city council passed regarding um in person, and virtual meetings for boards and commissions. They did have an option for hybrid meetings. If the Board chooses to do that I would feel more comfortable. I I I think we're not going to proceed. Be able to proceed in this this this month. We have to push it on to next month. That was kind of why I brought it up. I knew it Wasn't going to be a unanimous Mike. Were you saying something? Sorry. Yeah, I was. I was gonna say I um. I like the idea of meeting in person, but I at the same time like, recognize that I wouldn't be on time for some of the meetings just because I my work schedule uh I to have meetings that go like right up. So i'm jumping from a work meeting right to a bla meeting, so I I just wouldn't have any time to make it downtown necessarily. So. Um, I I would love hybrid. That's something that I would be down for, and I would try to make as many meetings in person as I could. But just realizing that I you know

[100:01] I working on very busy, you know. I'm just still still fully working, so I wouldn't be able to make all of them in person as we go forward. I'm not certain. Uh well, it we will transition into a hybrid. I'm not certain that's always going to be available. But Anyway, you have to push it down the next month. So, and to answer question question number one is, there is a show cause in November, and also what scheduled in December. So um i'm sorry I was mistaken. There's one scheduled for November and one scheduled for December. Just to answer your question. And it's definitely. Um! I've been looking forward for a reason to get out of the house, so I do like I would like the opportunity to have somewhere I need to go when, when, when when initiative, we'll be able to get to to an in-person meeting you'll you'll be able to see what i'm talking about. So i'm sure. I miss being around people I worked at home before, and then I had kids right before the pandemic. So I haven't. Yeah, I I look forward to

[101:11] being able to serve the community in a full capacity. I'm just not sure that I can commit to that, but we wouldn't know we wouldn't have wanted you this month, anyway. So the retreat scheduling we really we got there. Um! So so similar situation with the retreat scheduling. We talked about this at the last meeting, and had discussed the postponing that scheduling until we had more members present. Would you all like to talk about scheduling your retreat at this meeting, or would you like to postpone that until November? I I don't think we can commit the other two members to a a date or time when when you know when they might not be available. So

[102:08] would you mind just saying what the retreat is I? This is my first time hearing about it. Well, besides last meeting, when it was brought up in the same once a year, we get together, because there's always a new number on on the on the board of here, and we we go through procedures that we have been operating under up until that point, and there may be suggestions to how can we, How can we change what we're doing, or what can we do that we need to do? And sometimes it's. So, what we have to do as a result of change in the law. You know it's it's uh it's up to date and on things that may or may not. Now this this time it may be helpful to have it after the after the election, because um um! There may be some changes coming up to the law that we will have to go over in and in the retreat. So it is something uh the city of Boulder does not allow any meetings of us without um posting publicly. So it's always the option for someone from the public to come and and give us their suggestions, and how we should do things as well

[103:08] change uh, like rules of procedure and things to like. We could talk about how you guys want to operate as well as like legally. But like, What do you want to change? That's happened? It's good for that. Sorry! No, no, that was very helpful. Laurel. Thank you. Um! Is it like a day time like, is it? How many hours I'm at, I guess, Is you say, retreat. I'm like, Am I gone for two days? What am I looking at? Here we'll. We'll be at the same Regis and aspen for several days. But as long as I have room service, and uh, you know, yeah, and the board can decide, if you prefer morning retreat or an afternoon retreat, and we typically schedule them for about four hours. But um! All those details are decided by.

[104:02] Are we able to schedule that for a weekend today as well? That is an option. If the Board would like to do a weekend day, great, anything else. Um. The last uh item on this particular agenda item is establishing a forum for the December twenty, first, twenty, twenty, two, Dela hearing. So I recognize that that is getting pretty close to the Christmas holiday. Um, we do have some new applications that we would like to schedule for that hearing. If we have a forum, but we wanted to check in with the board and see if we're anticipating having a quorum on December twenty first. If not, um. Do we want to look at scheduling um the hearing a week earlier or a week later? Um! Or do we need to cancel it all together? And um, just for the record staff

[105:05] would prefer to have a hearing in December. If we're able to establish a form, just because we do have a high volume of applications in our queue. Um. Some people that would really like to get on the agenda for that month, but i'll leave it up to the board. So Christmas is on the following Sunday, and the meeting is on Wednesday. Any feedback I should be able to attend it. Yeah, I should be able to tell so at this point we have a quorum present. Uh who's going to be willing to be able to excellent. Thank you all. That's all that I had. Thank you. Well, matters from the chair and members of the authority, if anyone had. Oh, there we you right, Number Twelve.

[106:03] Anybody have anything. Come on drivers lesson, Officer Denny. Anything like that? Um, no, I mean I guess I i'll totally up to you guys, i'll throw my two cents in on the uh in person. Um, so it's always my experience that it it's a real pain for business owners to make their way downtown, find parking, get into the Council Chambers. Um. You know the majority of the ports, businesses dealing with renewals and and new applications. Um! And then throw a few show cause hearings in there throughout the year. I I I do think that show costs hearing should be um in person. Um, even if it's a stipulation that's received. So I think that said that dialogue back and forth between the Bla and the business owners important. Um, but I think the rest of the the the hearing matters could be handled effectively. Um,

[107:09] virtually. Uh I i'm sure the business owners appreciate being able not having to make that trip and find parking. And um, I, you know that's just my two cents. Um If we If if there is a retreat schedule, i'm hoping that that will be in person, because I like, uh, I don't get a chance uh as you guys have it to um communicate in there in the same room with you guys. Um! So just my two cents my observations after you know doing this a while. But um, you know I I agree there are. There are times where it needs to be in person. Certainly a hearing. Um, you know, when when there's going to be testimony, or uh, there needs to be, you know that question and answer back and forth. Um,

[108:01] the rest of the matters. Um, I I I you know it. It's uh I would just say I would just say also that it having to uh come downtown. Having to find parking uh was some of the reasons why we did what we did. That's why we uh uh no longer allow people to, uh uh renew a license uh that they didn't do on time. Um by by by administratively we we force them to come down. We force them to come to take the time to do this, is it is It's very, it's. In many instances it was a penalty on purpose. It wasn't it wasn't. It wasn't a mistake. It wasn't Something we had to do is but something it was built into the system. This is uh you don't want to have to do this again. Uh, you know, I understand. Maybe there's also a possibility of using an alternate location to that. It does have more parking available, and uh, isn't quite so hard to get into for for people that aren't familiar

[109:04] with it. But you know just the other thing is is on on uh granting licenses uh one of the one of the things the most important thing that we're taking into account and giving a new license is the character of the out, and I find that much better to be able to do um in person is particularly if I have an issue with materials that have been brought forward. Um, I don't like to to, you know, in a distance uh say something that that may, and that P. A. Uh well received um uh in a distance. I like to if i'm going to be an as well. I want to be there. I want to be present, so i'm going to be. I won't be one on purpose. But if i'm someone's gonna I mean we've had some pretty strange uh and and to do it by distance. It's just

[110:01] It's better to do it in person, and also when it's in person, is more a sense that it's just amongst the people who are present rather rather than being broadcast over here, Whether it's because the applicants um Well, I won't go i'll. I'll bring up past stories, because if they've been many unpleasant times that that what was unpleasant wasn't revealed until we were all present in the room, and it was important for us to have heard that before we went forward with what we were being called to do. That's the judicial part of our of what we do. So it's a anyway. That's I? Oh, my gosh! The anything else! Is there a motion to adjourn?

[111:00] Every car will make a motion to a turn. Sure Member Roberts will second that motion. Remember uh all the favor, say in the he was saying. I remember Car. I remember Roberts Number Wallace all right. Oh, we're done not bad four hundred and fifty-five. Oh, God, Roberts, I I I I don't. I don't sorry you got to go back to it thank you.