November 16, 2022 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:04] All right. Call to order the November sixteenth meeting of the Beverages license authority in the City of Boulder. Thank you. Uh Member Absalom. Uh, we will be moving on to uh the instructions for virtual hearing and roles of decorum. Uh, no uh, thank you. Um caitlin. Excuse me, i'm sorry i'm having a little. There we go. Okay. The city has engaged with community members to co-create a vision for productive meaningful and inclusive civic conversation. Mit Ctl and this vision supports physical and emotional safety for community members, staff and board commission members as well as democracy. For people of all ages, identities lived experiences and political perspectives. One hundred and fifty more about this vision and the projects, community engagement process can be found at Boulder, Colorado, Gov. Slash services, productive atmospheres.

[1:14] The following are examples: The rules of decorum found in the Boulder revise code and other guidelines that support this vision. These will be upheld during the meeting. All remarks and testimony shall be limited to matters related to city business. No participant shall make threats, or use other forms of intimidation against any person, Obscenity, racial epithets and other speech and behaviors that disrupts or otherwise impedes the ability to conduct. The meetings are prohibited. Participants are required to sign up to speak, using the name that they are commonly known by, and individuals must display their whole name before being allowed to speak online currently. Only audio testimony is permitted, online, However, with the beverage licensing authority, we do require video when at all possible.

[2:01] Thank you, Caitlin, moving on to roll call. Remember Absalom. Remember absolute present member, car and for car present. Member California, a Member California present Member Roberts, Member Roberts present Member Wallace. I remember Wallace present. We have a full quorum of all five members present. Continuing on, We do have the election of the chair and the Vice Chair. What we'll begin with is nominations for the chair and voting. Do I hear any nominations for chair before we move forward? Could I share something with the authority? Yeah, Sorry about that. I I meant to try to get some time in here before, but I just wanted to let um. Everyone know that I have formally put in my notice with the mountains on pubs and breweries. Um, so i'll be leaving um the company here in the springtime.

[3:06] My wife and I potentially could have some things that would change my residency um here in the city of Boulder that's not set in stone yet. I don't know if that would have any bearing on nominations or voting here today, but I wanted to be transparent with this group to let you know that I will be in the city of Older Um for definitely a certain period of time, but i'm no longer working um in a license establishment. Um beginning in March, so I wanted to get that out there before we move forward with any nominations. Okay? Well, does it? Does anyone want to do it? I was going to offer to do it again. Um, I think I've got it pretty down at this point, so um I know that it's uh kind of one of those weighted situations and roles, so i'm willing to take it on. If that's fine. I know my name, Matthew.

[4:02] I I second that nomination. We have a nomination for Member Wallace, and a second from Member Absalom. I'm sorry I apologize. Member car so as acting by share. Do I say? All in favor? All in favor, say I remember Epsilon, I member California. I remember. Wall aside. Remember Roberts, I number car I. The vote is unanimous. Uh, thank you. Uh Chair, Col. Of Funnel can moving on to Vice Chair. Do we have any nominations

[5:02] and nominate Mike. Thanks um, I i'm i'm willing to give it a shot. I'm pre use the board um, so I wasn't going to step up for it. But uh, i'm open to it if it yeah, i'm over to it. I'll second nomination for my car all. If they were, say, I remember Epsilon. I member California. I remember Wallace, I, Robert, I I. The vote is unanimous. We have a new chair and a new vice chair. Don't, worry, Mike. I try not to miss these that much. So, thanks. I'll learn a lot. I'm sure. Continuing on will be the approval of the beverage licensing authority minutes from October nineteenth, two thousand and twenty-two.

[6:05] I'm moved to accept this pretty since false. Remember, Car will second that. Okay, all in favor, say I member California will abstain Number One will also ups name. Member Wallace, says I. Number Robert says I number The motion passes uh three votes with two abstaining and moving on to hearing agenda issues from the licensing clerk. I would like to notify that in the neighborhood boundary setting for today Sb. Wines Llc. Doing business as persona wine at two, two, nine, nine Pearl Street, number six, boulder, Colorado, eight, zero, three zero, two was incorrectly, name it as a new beer and wine type license rather than a retail liquor store license. So that's what we'll be hearing uh for um boundaries today.

[7:18] Additionally, we would like to let you know that per new uh city communication guidelines um all beverage licensing authority um Virtual meetings will now be posted via video link to the beverage licensing authority Web Page and licensing manager, Chang Garris. I believe you have some information regarding show cost procedures. Yes, thanks, Kristen. Um. So I just want to take a minute to discuss our procedures for order to show cause hearing, since we do have one on the agenda for later today, so historically, the Board would issue a license suspension that begins on the Monday after the Dela hearing and staff would like to request that we consider adjusting this timeline until Tuesday,

[8:08] And the reason for this request is, there are some stuff that staff needs to take before our suspension begins, including um collecting signatures from both parties uh writing the poster and providing the license you with some time to come to our office, pick up the poster, and actually get it posted at their license premises, and we found that um when we have a suspension starting on Monday it's a it's a big time. Crunch and um just create some difficulties for us in the license, so we just wanted to put that out there, and um mentioned that. And um if the board would consider moving that to Tuesday that would be a huge help for Staff. So thank you for that, considering that I think we'd went to Monday because we we always aptly asked to whatever was best for for the staff, because the other ones are responsible for doing it, and I I think I could speak in, And you guys can correct me if i'm wrong with the uh.

[9:05] It was always just based on whatever was convenient for you. We'd switch it from Friday to Monday, because of that if more convenient for you to do on Tuesday than I I'm. In favor of that. It requires a motion. I would like to make that motion. Thank you. I appreciate that. And historically, Mondays did work fine, especially when we're a meeting in person, because it was really easy to collect those signatures and create the poster. Um. But since we're doing things virtually, we just it takes a little more time. So that's kind of the reason for our change and request. Laurel, Does that need emotion? I feel like it Doesn't: Yeah, It's just because it's something that we do internally. Never mind. I do appreciate you great

[10:02] continuing uh in our agenda today. Agenda. Item number two matters from the Boulder Police Department. Good afternoon. Um. The only updates I have um our last planned outing for uh compliance checks, which was um week before last we had to cancel due to illness of our um operative. Um. So we'll be planning another one here in the future. Um. Last week I conducted a fake Id training class for liquor establishment employees um on behalf of the the or um, and we had about fourteen attendees um held at the uh Bohemian beer garden, so that went to, I thought pretty well, and just to confirm that you have my report

[11:03] on the activity Summary for Bluff Street bar and billiards. It was in the packet. Okay, I don't know if they're going to be in attendance today. I wasn't sure what the uh if they were required or not. Um, but we can discuss that when we get to it. That's all. I have great. Thank you, Officer Dennis. Is there any questions, Steve? It's not question as a story you asked us once before, if it was your I brought your attention that letting people know about the uh, the fact that you're going to start the the Compliance checks again, and after I said that I it occurred to me that to tell you the story of the late nineties, we would actually send a letter out telling them all we were about to come to their place and and and and check the quick appliance in In doing so we had an eighty percent failure rate. So we didn't do any good to tell anybody

[12:02] that's all. I have great. Thank you. So anyone on the Board have any other questions for Officer Dennik, not seeing any. All right. Well, thank you very much, Officer Dick, continuing on agenda. Item Number three matters from the Responsible Association retailers. Good afternoon, um joining here from space. I'm not on the road. So uh, I hope you guys are all doing well. So I missed. Last month I was out for my birthday, so um no offense. I had to take a day off, and I could not make it online. Uh, we had some really good things happen in the past couple of months. Um! The Id compliance. Checks are back up and running. I have a really good person doing them um good news and bad news with that. One good news is they're up and running. Bad news is I've had the worst grade I've ever had since I've been in Boulder, which means we got about eight red cards in boulder, which is the highest amount I've ever gotten. Um, that's about ten percent of the membership right there, which is concerning

[13:05] um. So I think that's great. We're back out there because Officer Denig is back out there, and people are on their toes, and hopefully, this will help them realize, Hey, We're not the only ones back out there. But officer ten ages back out there. So let's get back on it. Let's make sure the proper training is happening, because I know i'm seeing all these people. I know they're getting the proper Id training Um, It's something i'm addressing with ownership and management. Uh, currently because uh generally builders the best uh when it comes to to red cards. But with that being set um for Collins and Greeley also had their worst failure rates as well. Uh so it just shows me there's some kind of trend going on. Um, I know places are still under staffed, and such uh member meetings have been at the lower percentage because of that, like attendance. And so so we're looking for ways to bolster that. Um. I do want to thank Officer Denig for doing that. Um! Id compliance.

[14:02] Oh, no, I didn't play sorry the Id fake Id um seminar last week I was out with probably the worst stomach blue I've had in ten years. So thank you again, rich for doing that. I really appreciate that I had awesome feedback. Um again. Fourteen isn't the number we had last time. I think we were closer to fifty last time in April. Um, but again i'm just seeing this due to some sort of shortages of staff. It's in every community. It's not just boulder, for Collins was lower, really was lower in attendance as well. Um, So I think it's just one of those things, but we'll be doing it again in March and April just like this this year, and I think um hopefully, by then, things hopefully, we figured out, and we'll get a bunch of people in there. Um! Id checks will be almost monthly now. I'll definitely be doing another one before Christmas. Um. I know I was going to send you that information on the Patreon Safety training. The only reason why I did not do that uh was because we're kind of going to reformat that. Um. I had a few people who could not make the dates that I proposed as well, and they're super interested in being a part of this.

[15:07] So what's either going to happen is I'm going to do it the week of the thirteenth and December, or exactly about a month later in January, and I will offer two patron safety trainings in two thousand and twenty-three to make up for the missed one in two thousand and twenty-two. Um! I would rather put something concrete together with the right players in your community than just put something on to put something on um. So as I get that all developed, I will be sending that packet into you all. It only be like a one or two pager, explaining exactly what it is what the benefit is, and asking for your approval as a mitigating benefit. If you know someone doesn't do something to negligence um other than that, my trainings are packed older just I mean I literally almost freaked out last month because I had like ten extra people show up at the last minute. I was at capacity. That's wonderful. That just shows me people are being hired, and that everybody is very concerned, and meeting that sixty day goal.

[16:04] Um! So things are really looking good. At the end of this year. I know the sca grantors are really happy with us, and the work we've done, and I think these Id compliance. Checks are gonna, you know, Kick some, but and lights and fires under some people to make sure their employees are doing the right thing. Um other than that. As usual, you all have questions for me. Please let me know. Great, Thank you, Nathan. Um, I do think that. And this is just my own personal insight into Why, there might have been so many failures was during Covid when we weren't doing things or anything like that. Well, compliance checks. Excuse me, um. I think people really drop their guard, and I think these are now have um really kind of taken a a passive approach to checking Ids, ensuring that you know things that are against their license or the law are happening in their establishments. I know I've seen it plenty of times living on the hill. Um! The amount of open containers I see going around just in the middle of the streets is Yeah, it's. It's definitely wild. Yeah, they? They They had somebody in four columns from the Rio have like a jug on Margaritas just going through Old Town. It was crazy dude. So

[17:16] it's happening, and I agree with you on that one as well. I think people I mean there's member i'm not going to mention them, of course, but there's members in Boulder, who i'm like holy crowd. Do you like one of my tightest members? How did that happen? So that's the kind of like um, you know we just have to have a talk about it, and I think everything in two thousand and twenty-three will be rock and roll. But i'm really pressing them. I'm sending out extra emails to bolder community people. Just so, you know, to be like, Hey, keep your people vigilant. Keep them carding because it is a holiday season. People like to get a little wild. Great. Thank you. Any other questions from the board member, Wallace? Uh, Mr. Dewey, when you do your compliance checks. How does that go? You said failure? Does it mean they fail to ask, or they asked. They looked at it. They didn't. They still went ahead, or what does it look like? Yeah, sure. So um when I say failure, I mean they did not ask for an Id at all, and alcohol was served.

[18:11] So the the case being is obviously we want to be carting people. Everybody. Um! The State recommends fifty and younger for for liquor stores. I don't know why just liquor stores. So, as an Ra member, you're committed to carting everybody who looks fifty and younger, I send people in between the ages of twenty, one and thirty, because you definitely better be carding someone who's thirty to twenty-one, even Tips says that even the tips manual. So um, I don't try to trick anybody. I don't do anything. I just send in a person who's twenty-one to thirty with their Id there to go and get properly. Id and if they're properly Id we hand them a card that just since they've been checked they don't know if they got a green check or red check or a yellow check, which i'll explain in a Sec. So green check means they Id properly boom Id is good. No alcohol was served at the very last moment. But before control was not lost,

[19:06] the person asked for Id which never really happens. Um! So the yellow card I really added for the dispensaries, but also for some of the the liquor places for identification as far as um pulling out of the wallet. If you don't, pull it out of the wallet. You're not going to be able to tell if it's fake or not. I'm sorry you just want, unless it's a terrible fake. You have to feel that Id you have to really visualize it. And the other thing I noticed with iding processes from Video and just me sitting in restaurants and and my members establishments is the verification where they'll hold up the card, and then they'll put it down for the facial recognition. It was way too low. They're doing it in like one or two seconds. That's impossible. You're not checking birthday expiration, date and facial structure within two seconds. I mean Officer Dennig will tell you that. So that's just again one of those things where um if my people feel they're not adequately checking and or do not grab that, Id physically. They'll get a yellow check which almost should be a red. But we just counted as yellow for now, and that's like a warning. But the absolute red check means alcohol was served, and control was lost of the alcohol

[20:13] to that patron so literally, my person will have a beer in front of them, and be like, hey? You've been all right, our ar Id checked um. Tell your management, please, and then they'll leave. They don't consume the alcohol um, and then they go on to their next check, so I hope that clears it up. It it does, she said. Uh, fifty and hundred. Does that mean I would get checked. Yes, sir, I would, I would tell you. Thanks, great. Thank you. Any other questions from the Board, seeing any. All right. Well, thank you very much, Mr. Dewey. Thank you all good to see you continuing on agenda. Item number four general public comments for future beverage licensing authority hearings. This is the time for public comment.

[21:03] If you are here for public comment, please use the raise hand function in the um chat feature. If you are here and you're using your phone. Please use Star Nine to raise your hand. Do we have anyone for public comment? Sure I am not seeing any hands raised at this time. Would you like me to call one more time? I think we're good. There's not that many people here, so I think we can move on to the next item. Thank you. Agenda. Item Number five Report and update from Boulder's Tavern, Llc. Doing business as Bluff Street, bar and billiards, twenty, six, ninety, Twenty Eighth Street unit, E. Boulder, Colorado, Eight Zero, three Zero, one Richard Wyman, managing Member Robert, Where and Jose Emmanueli members with the Premises Bill Business Mailing address as required for conditions set at the June sixteenth, two thousand and twenty-two beverage licensing authority hearing for the renewal of a tavern type, liquor license

[22:15] I will make one note for the authority. This was um conditions, or set it the June um beverage licensing authority. Hearing uh, we're aware that this is November. However, some For some reason this had inadvertently ended up on our November agenda. Uh, rather than the December agenda. So uh, we do make the apologies for that. But it was not a discovered until for the six months until after the agenda had already been published. Great um Kristen, Do we need to get them forward in we do. You need to get one? And so I'm, seeing that we have um Attorney David Wonderlich,

[23:03] That's right. Would you like to record your appearance, please, and appearing here is uh managing member, Richard Wyman. Can you give your um like uh attorney Registration number? Of course. Three, nine, three, six, five. Thank you. Thank you so much, Mr. Wyman. Would you raise your right hand and repeat after me, please? I state your name. I'm Richard, one that the testimony and comments provided to the beverage licensing authority that the uh comments made that the I missed the work. The testimony to the Member Jane authority uh today are true and uh, correct

[24:05] today, or true, incorrect. Thank you very much. All right, great. So we have a report in our packet that was put together by officer denied here. Um had a few calls for service. Um reports put in it. Some had reports filed while others did not. Do you have a copy of that report. Yeah, yes, I do. We do all right. Can you give a little background specifically on the ones that had reports filed? So it would be the first top ones. Certainly he's three. So shall I ask Mr. Wyman questions for the board, or would you like him to talk more free from.

[25:00] I think. Um, we can just have him kind of give us background on what these incidents were, why or what became of them, how they occurred, what they're doing to prevent these kinds of incidents from happening in the future. And then we'll open the to questions from the board. Okay, Um, We're gonna be looking on my screen here, I think Zoom will still pick up So the first one here is August first two thousand and twenty-two. Uh. So you want me to speak to these uh reports all right. Uh on August. First there wasn't. So, then, with a person that I know um that is being handled with representation through the system. Um! There was no assault, and that will I am fairly, I'm confident, will be borne out through the system.

[26:04] Uh, I have a Uh. Next appearance in January, January thirty first, I'm. Assuming, and have reason to believe the charges will be drop by that time. But we shall see uh, the next one is this September fourteenth, A. So called. I don't know what that assault call was on this on September fourteenth, uh, two males finding in the bar. I have no knowledge of that, and on the twenty fourth there was no assault and no crime. So to follow up on the board's questions. Do you have um

[27:04] any response to the question about how the bar is addressing these types of incidents to prevent them from happening in the future. Um, you know, via staff or your policies. Uh again. Um on August first. That was a false claim. So there isn't procedure in place to prevent false claim. Um! I have not witnessed or been aware of assaults in the bar, and certainly we have security. And uh, we deal with circumstances that arise immediately, and uh, we uh defuse situations and people on their way.

[28:07] I'm gonna open it up to the board. Now for questions. Um, However, I do find it, and i'll just make this statement a little concerning that. There's a report filed about an assault that happened in your establishment that you have no knowledge of, So, as in as the owner, you should have been notified by the police, which I believe Officer Dennis can speak to more. Um. But yeah, do Are there any questions from the Board? I I actually have the same question um about that end of the process. And and and more broadly, if if you're not aware of, sir. Then um! Is there someone else a manager, someone else who is made aware and and is handling that Steve? You had a question. Well, um! You're suggesting that the uh charge

[29:01] her assault. It sounds like there's a charge that you're gonna have to respond to. Is that correct? I'm: sorry you're at the uh perpetrator. Uh, they're saying, i'm the perfect trader. There was no uh salt. But yeah, you're suggesting It's going to be It's going to be uh uh done done with before it goes to court is, and how how will that happen? Um! I am hopeful it will be. I have no idea, as I. Now. What I do know is that I have a trial date uh scheduled January thirty first. That's the only comment I have.

[30:00] Are there any other questions from the board? Um, I grab some. Yeah, so. Um, Mr. Andrews, i'm wondering here just to kind of go. Some of my colleagues here on the other. You're saying that you have security in place. Um! Is there also security camera footage of, or are there security cameras in use at your establishment. Yes, there are. There's a limit on the number of days that are recorded. So there's a limited loop to how the system works. Uh, yeah, it overwrites it. So So when this report happened on the first was there for the submitted of the Boulder Police Department of what was happening on site, i'm sorry when this incident happened on the first um. Did you have had that footage already been overwritten before the police were notified? No, um.

[31:02] I was asked about video of the incident, and I was then informed that the other party was arrested at that time, and I didn't think there was an ongoing issue, and by the time they got back to me to ask uh my loop four days. So it was after that period that they got back to me to ask, and it had been overwritten by then. So again to restate. I didn't think there was an issue. I didn't think there was anything I needed to respond to. When I had heard that the other party had been arrested, and it was days days later that uh, I was recontacted. So all the evidence or information that you had was submitted to the Boulder Police department. When that was that issue was handled correct.

[32:03] All the anything you had from footage to witnesses. That was all given by you. Uh, no, they didn't see video, because by the time they asked me again for it, because I had um. I didn't think there was, an there was an issue. I didn't think there was anything going on, and it took um close to a week to ask me again, and by then it had been overwritten. I'm. Just wondering if there is an event in your establishment, and the police are involved, and the mention of recording has taken place. Why, you wouldn't want to take extra steps to have that footage as proof that you're either innocent or to use against the perpetrator again. It's I I heard, and was notified by, uh fine, and the victim uh uh network that I was the victim, so I didn't feel I needed to defend myself in any situation.

[33:19] But what didn't you have? That is proof that you're innocent and honestly for this particular case. Maybe it's not important, I think i'm looking at the overarching um security at your place. Why are you not keeping up on your security footage? So when your question it's just you have the proof right there and then. Maybe some of these other disturbances wouldn't. Um There there have been uh several situations uh that I have uh interacted with the police. Show them video of situations that were happening. Show them uh screenshots of situations that were happening. So I don't

[34:07] feel it's accurate to say, i'm not accessing the resources that we have. So, just to be sure, you you saved the video when it was something you wanted to show the police. No, it's not fair to say I saved it in certain circumstances, and not others, because they they they um I I i'm not really understanding that you have video systems that are races itself in such a short period of time. I mean, I I got rings on my ring camera for two years ago. So I don't think I don't understand. Okay, I I don't. I don't understand how I mean, I mean, I've been assaulted, and it was on video, and I made sure I kept a copy of it, so that the the the, the the extent of the assault, was clear. I I think

[35:01] if I might offer some testimony from Mr. Wyman. Maybe I can um ask him some questions that could address some of these board concerns. Would that be I'm asking. I'm asking him, You don't need to interpret it for me. I'm not taxing for you, sir. What? What are you asking me, sir? I I don't understand why I I just puzzled as to why you have a video system that has proof that you have been assaulted, or that you didn't dissolve someone, or that whatever incident that it happened is that the instance happens so frequently that something like this Doesn't doesn't come to your head? Why, better save that? I'm not aware of how I can save beyond the days that it overwrites itself, and the incident involving myself. I didn't think there was an issue when I was told that I was a victim. She was arrested. I was notified by Vine that I was the victim, so I didn't see a need to proactively uh defend myself. I didn't think there was an issue at all.

[36:05] Okay, I got it. Thanks. Mhm all right. Are there any other questions from the board, not seeing any um. The one statement I would make is that you really need to tighten up your security systems, and there's some serious loopholes here. Um, and you know we we don't see this number of incidents at other establishments. So um! I would just say that should you get another show cause in the future, not saying you will. But should you this, these kinds of items are taken into consideration. So thank you very much for your time here. And yeah, we can move on to the next agenda item.

[37:01] These services were we were called, but no, no, no, no report was filed, and I don't know why a report wasn't filed, because I know that sometimes you have to ask for report to be filed in order for it to happen. Would this be more of a question for Officer Dennik. Yeah, I think it would be if it Officer Danny could step in here because I I certainly want to office. I need to give this opinion on on, on everything we've heard so far, and and and as we go forward, if he's got a question with regards to this license, e. I'd like to have him ask ask that question as well. Um. So kind of going back to the the previous discussion. Um, from police reports there have been issues obtaining security footage from uh your bar, Mr. Wyman. Um! If if you have an establishment, a liquor establishment,

[38:01] and there is so much on the line. Um! You cannot invest enough money in your security camera system. So if you've got issues with a uh system that's not robust enough, or is old technology? Um. I would encourage you to look at investing in the system, because ultimately this footage could end up assisting you greatly in in your liquor establishment uh keeping that business going. Um, you want to be able to review footage and have it be very clear. Um! Still, shots from videos. Don't really tell the the responding officer or the investigating officer uh the whole story. So if you've got video coverage. Um, that's that's what you need. Okay, It's there. Think of it there to protect you. Um!

[39:02] And you know, if there's a situation where you know your own actions could have been different. Then you know that that's that's kind of the way it is, but overall. Those systems are in place at uh liquor establishments uh liquor stores. Um, you know other types of businesses for their their protection, and so that they can accurately recall an event. Um! And you know, think of it in those terms that if you have to invest some money to to get a more robust system Um! That has a um, you know, for our our marijuana dispensaries, they're required to keep footage for a period of forty days. So there's no such rule in place for um alcohol establishments. But think of it as as a way that if you wanted to go back, and

[40:00] maybe it's an employee theft issue, or something like that. And you wanted to go back three weeks. You can't. Okay. So think of this system as a way to protect you. Your business. Um, Ultimately your patrons. Okay, to be able to assist law enforcement in those investigations. Um, So I would encourage you to to take a serious look at that. Um! The report that I guess it's the second one, September fourteenth. So I you said you didn't hadn't heard anything about that. So just a brief description of that was, There's a little bit of convoluted Call um. It's still open for investigation by the responding officer. Primary officer. Um. Apparently there was some discrepancy or some allegations over a stolen call queue. Um the Initially, it was handled uh,

[41:01] not physically. And then one of the parties ended up getting in a uh ruckus with another patron, apparently over again over a pool queue that was missing, and um! So it was again very convoluted. Um! Reading the reports around there. I I think there were uh we're several reports supplemental reports file, but in the result at this point is, the case is still open. Um for a misdemeanor harassment uh type of investigation. Um, I believe I did share video of that incident with the police. Well, I think that the report I'm and I just have the initial report. There's no mention of um. Video. The The first call there is report mentioned that the officer asking about footage security footage. Um,

[42:06] And you would said that the video was on accessible because it downloads. A day later Um agreed to provide the officer with the footage on August second, and then on August second uh advice, the officer via a message that you're turning advice to you not to show the video that you had. Um, which again is, is certainly your prerogative. So um again, just you know, going back to the video system. Um, you know, there's a time where not many businesses have those except banks. Um. But now, due to technology and really affordability. Um, the average home video system is uh fifty times better than banks we're using just five, five, ten years ago. So uh, I would encourage you to take a look at those systems.

[43:00] Um! So the last part of this report, and again I think um when we talked in June. Um! When I take a look at our cad system, which is our the the system records all incoming calls, and if an officer dispatched what's the nature of the call. It's categorized. And obviously there's a date and time. And then with Who? Who? Who's responding to that call? Um! Who's calling in the who's the reporting party on that call. Uh, sometimes those are refused. Um, Sometimes that person uh will will leave a number. But, say I, I don't want to be involved. Sometimes we'll refuse all information. Um. So things that Aren't included in in this kind of a breakdown are the innocuous type of calls that every business experiences, um, you know. Maybe a minor theft um a lost wallet um a a criminal mischief. They came in that morning and so made spray painted the

[44:02] uh part of the property, or something like that. So really I when I look through those, I just look for things uh such as you know you can see in the heading line. They're suspicious in progress and iconic drug violation uh medical calls, mostly medical calls, because I want to read enough of the call notes, and sometimes I don't have a lot of call notes, but sometimes i'm looking for bits and pieces of information, and the call that might lead me to believe that over service was involved. Um! I did not get that from any of these medical calls. Um, at least from the call notes. Um! So you you these are just a breakdown of other calls. Um! In that time period I overall I i'm. I believe that things have been tightened up at least since June at least evident as evidence by the the call load from what I saw before.

[45:00] Um, so I would encourage you to um. You can never have. Uh, if you have one security person you need to. I mean, you can never be visual enough. And um again, ninety percent of the problems at bars and taverns comes from over service. So people that have too much alcohol. And remember you're probably not the first establishment they visited, or they have visited that that day. So you have to be aware of the status of somebody's um level of alcohol on board before they're sort of your establishment. Um the it's! It's when you have people that are ordering at the bar, and the ordering for themselves, because there aren't uh, perhaps it's not set up with servers, and so they might be in the back playing pool, and then they walk up and get another drink. Maybe you have servers at times that can take those orders. But

[46:02] your security people because of that that could be variable. They have to be really on the ball. Um, and that's why you need more than one that somebody at the dorm uh is not a bad idea, but especially to check Ids um. Your establishment um based on uh. My experience does not get a much of a high volume of the younger college tech crowd, so you're not likely to have an Id problem. You should still be checking those ids as as you need to, under age fifty. But um! Somebody to walk through the establishment and kind of keep an eye on people. You know people that are getting overly boisterous uh people that appear to be agitated. A fight brewing. Uh, you know these things all kind of start in a a subtle way. And then, next thing you know, you've got to fight on your hands. Um bathroom. I think we talked about this before, when we did our physical walk through

[47:03] lighting? Okay, bathroom should be Well, it um should be no chance for um any kind of illegal activity in there, or at least not conducive to that uh your back patio. Christmas lights uh don't provide enough lighting uh for for a safe environment. Um, so. And you know, I I realized that you know any any any tavern over can't help um. There are times where there's trespasses where somebody comes onto your property, and you ask them to leave, and they won't leave. So you see that some of those calls types of calls listed here. Um! I would certainly not fault uh Mr. Wyman for those calls. Obviously somebody called us Um haven't twenty to have that person removed. Um, I think one of your problem areas for that type of issue is your back patio uh? Because it's sort of in what we would probably normally think of as an alleyway.

[48:04] Um! And you get a lot of traffic through there. Um, I like, I said overall. I think I think there's been a improvement. Um, you know your um, you know you're in the first uh report missed mentioned. You're entitled to uh, you know, full due process, and that that that's being investigated um properly and uh everything. Will you have a uh outcome for that, and but I would encourage you. It's it's part of what we talked about last time, too, is um, you know it's never a good idea for an employee or an owner, certainly, uh or bartender to partake of alcohol on their their premise. Uh while while they're they're they're working. They're under their shift. Um! It's um

[49:04] it. It's a bad practice. I I hope that that uh is not still occurring. Um, and you know, conduct otherwise obviously needs to be such that um, you know, if you're the person in charge. Um, you've got to create an environment where um I know. Sometimes these things are out of your control. In other words, somebody shows up at the bar that you don't want to be there. Um, you know. Call us immediately. Do not engage them. Okay. Um. And uh, if this is a person that you continually have issues with doing this, then obviously, you know, talk to the officers when they get there, let them know. This is a continual issue. Um! And you can certainly get in no trespass or uh put it in place with the department. Do you have any questions for me, Mr. Wyman?

[50:02] Well, uh data gathering? I I have one um officer, Jenning. Is it fair to say that there is no report or call indicating intoxication by staff or management in the call log that was provided. I did not find any uh any such report or um i'm Just reviewing the first um report listed I I I see some indication that the other involved party was drinking at the bar uh prior to the incident. Um, I don't see any

[51:03] indications from the report that so? No, I don't. I don't I didn't find any, you know, as far as cad calls, call notes, things like that. There was a couple of of cad call notes that were the party calling. The report in was uh on cooperative, and sounded intoxicated, but it from the from the call it didn't appear that that person was actually even on scene, but was calling in something on, you know at the bar. Right? Oh, thank you. Uh, I don't have any other questions for Mr. Jenning. Thank you, officer. Thank you, Officer Dennik. Any other questions from the board, you know, officer. Then I covered everything from me, so i'm i'm fine. No, I all right. Well, thank you, Mr. Wayne. Thank you. Continuing on with agenda. Item Number six Show cause hearing concerning an alleged August fifth, two thousand and twenty-two violation, and whether the retail liquor store type liquor license held by Punjabi to corporation,

[52:14] doing business as Bailey's, one in spirits, four thousand eight hundred baseline, road, Unit E, one hundred and one or Colorado eight zero, three zero, three should be suspended or revoked. I will note for the uh members of the authority, however, that the licensee who received this alleged um violation in order to show cause, is not present at this time, we do have a little bit more information. This violation alleged violation happened prior to um. The transfer application to a new entity. Um being submitted.

[53:00] Um, However, there is in your packet for this item a signed stipulation between Um, the City prosecutor and the um license, he as the alleged violator. So um council wit um. Would you like to make any? Yeah. So our prosecutors on the line he can join if you want to talk to him about it. But it sounds like there was a a stipulation that was signed by both parties. Um! So we can either continue the hearing and have them come forward or move forward with the signs stipulation, Don't, We need to have them present. I feel like they need to be here. Yeah, it's a little bit of an odd situation, because the license has been transferred as well. I don't know the whole background with that as well. Um, it sounds like maybe there's some transferring going on to. I can't seem to find it but it Who Who got the violation? Whose name is

[54:02] that would have been under the Punjabi to corporation doing business, as that is the licensee who held the license prior to the transfer, so they should be here. Go ahead. I was going to say that we could accept the stipulation to fact. Um, so that it'll be on the record of of the of the address having have you received this and that? They stipulated the fact. But as far as penalty, I don't think we can go forward. I think you're right uh a chairman in California. We can't go forward unless we had someone here, and they had the uh uh due process to to address the situation of penalty. I'm not sure what we have. We've had this before. We're where we are creative, and what we did. But was it was with the cooperation of both previous owner and the existing owner since the previous owners not here. I I would like to suggest that we just accept the stipulation to fact, so that we go on record of the license. Uh, uh, at this address, and we can continue it, too, if you wanna

[55:03] What do you? What do you think? What do we do, we? So we you can uh accept the stability of facts. Then you can continue it if you want to talk about with the individual on the line. I say we continue it to next month just because i'd like them here. I feel like their their presence and accountability is kind of crucial to our determination of violation. I think you, I I think, that it's no longer crucial, since they have agreed to the stipulation of fact. The penalty, however, is something we can't really do, because they don't have the they don't have the ability to come forward, and I don't want to keep pushing this thing for. Because if, if, in fact, as I said in and laurel correct me, if i'm wrong, the only thing we'd really do is accept the penalty, and if they and next month they don't show up, then either we still can't do anything. And why would they ever show?

[56:01] Yeah, that's it all in the corporation anymore. What? What is the you know And sorry i'll just give some contacts because I am the one that's processing this transfer application. The transfer has not gone through. The numbers are operating under a temporary permit. Um, our temporary license. Excuse me, but the transfer, the full transfer is, Do you know what it will go through? I don't um. It's at the state currently for their review, so um could be any day. No, or it could be i'm on. I I think my question was answered, but I just wanted to clarification from we don't have a representative from the uh prosecutor's office. But um that the stipulation was, in fact, that stipulation was received from Punjabi, so the new entities, since the transfer is not place. They wouldn't have agreed to the stipulation Right? So this is stipulation, was from Punjabi.

[57:07] Yes, and it was signed by both parties, both the prosecutor and I forgot it. So the the new license to that is operating right now under a temporary license until the State gets back on whether or not the transfer is going to go through. That's correct, And the way that it will actually work is that the State will send us their approved license back, and then from there we still have to issue. So we have to go through an inspection. Um! And then, like uh check that everything with like salesforce and everything that is good. So um! It will be a while, and there's a couple of steps still between uh now, and issuing the license. So what bearing does any stipulation of the fact have on anything. If that Punjabi no longer has is holding the license,

[58:00] and will we will. We see the transfer Transfers are going to administratively right. Calendar this one will be. That's what i'm saying, based on the fact that there is this: Yeah. So this is why I was like a bit of a unique um situation is because transfers are typically done administratively, but they technically, unless there's a show cost or certain parameters, then we do bring them to you, as you know. Um, since technically the show costs hadn't been decided like you, Aren't, deciding to show costs until today, and I took the transfer in September, so they didn't have a show cost today, technically. So that's why we started processing it. But if I oh, go ahead, I was gonna add in that. Um. One of the things when there's a transfer in place is the new um incoming licensee

[59:03] agrees um to accept the license with all previous violation histories as their own, going back for the five years. So that does come into consideration. Um should. Unfortunately, something else happen on down the line, because if it's within those five years, it can be. It's considered their own, because they're accepting it with that with those violations, if there are any. So then I I have a question. Do we? Should we then just have the the new licensee a attend for hearing, because the the punishment would go against their their license, like the the folks who who are operating the store. Um, do we need both of them to attend? That's my first question. Um Laurel, can you so well? The original person who signed a stipulation, in fact, was the previous

[60:02] um in the middle. So normally we would do it against You know the stipulation of facts, and who owned it at the time. But this occurred, that being said, maybe there's a way that we can move forward with all the parties involved, and talk about um options with both of them. Well, good! I was going to say. The reason I bring that up is because, even though the stipulation agreement was signed by the previous licensee. Um, they won't. Have any of the like? The effects of the punishment like it's all the new license. You has to have the the feel, the effects of the um. But the punishment that we we we deem that they should have. So So it make what makes sense to me to like, understand both sides of the situation kind of before even saying This is what this you know special or whatever we should do but what Mike, sorry to interrupt you there. I don't think the new license you would ever see any of those effects right? Because what Um, I believe what Kristin was saying is that if something were to happen with the new, the person taking over this transfer,

[61:04] we would have the things that have happened previously with the old own alone, or holder of the license would have bearing on what we decide that. Well, I think I I I agree with your This is what i'm looking at in my mind, let's say, Remember, Wallace has a license. He fails as a show, cause he says, Oh, member Apple, you're a friend of mine. I'll transfer it over to you and then. Now that there do you understand what i'm saying? The way that kind of system is what i'm. I think Mike's kind of looking at, too, because we can't do anything based on this stipulation to that person who is now going to get this license after the transfer has when they're already. They're operating it, too. So it's a little bit, so there is no one there. There's no need to have anyone a a have a discussion with them about whether it happened, or whether how it happened. He's deleting to the that. The what it happened,

[62:04] and that's why I would just like to get it on the record that, in fact, it happened, and and and and and Mike you, I think you're what's this happened before it? Sometimes it appears as if it was transferred. Ownership was transferred from one person, mother, just to erase the previous uh, uh, um uh uh panel, or a uh a show cause, or the the sales, the miners, or whatever it was before, just And so this is keeping it on the record is a way of seeing that. In fact, it did happen at this location, and this was the owner of the time. And do they have any ownership in the in the new ownership? So it so. It's just a good record to keep, and and and, as I said, it already stipulated the fact that as it was purported, it did, in fact, happen that way. They agreed to it. Uh, that would be a good thing to just put on the record. So then, to clarify, because there's this transfer is in in process. The The new owner would not have any. We can't issue any sort of punishment or anything to the the current store.

[63:09] We we do penalties here. We don't do punishment, sorry penalty. Well, the penalty. So under our hearings and things that says license not licensing right. It's tied to the license. Um, it's up to you whether you want to do that or not. If you do like, attach some sort of penalty to, and it affects this new license. It does make sense to invite them, because it is kind of a due process session where they can present um, and that's kind of what I was suggesting. If we're going to assess a penalty against the license then, and i'm suggesting that we cannot assess the penalty in the absence of of the person who's been charged and agreed to right, does it? So? I I All i'm suggesting is we just accept this pound stipulation to fact? Well, I think. But what didn't miss? What just say You can attach that to the license, not the license. See, That's right. Just the license this, so that, in fact, we can go back and see that this this license is had one in the past, but not this license. So Um:

[64:10] yeah. So when when when when he assigned a penalty, it's to it's to the license, he operating that license. So it's not. It's not. You know you can. You can say It's a license. I don't even know that it's the license. He who who has to uh experience, The penalty sure. And what I want to clarify is that we are still able to assist a penalty against the the licensee or a licensing in the future. Um, not just accept the stipulation of fact and say, Okay, we We move on from this. Well, we can't. We can't really do a penalty in and without the licensing. So like at the next week, if they were here you could do that right? Okay. So so then it can. We um either move the the license transfer from being, you know, administrative to, I think, is required like a show cause, or do something to prohibit that transfer until

[65:07] um the license he appears in front of us. I don't know I I I think that well well, the you you'd have to say that because It's gone to the State already, and the State will come back with the license. One thing that we have, the the State can issue, but and um i'd have to double check statute um and our own bla rules of procedure again. But I do believe um that there's some stuff, but I don't know um, as far as you know, what a stipulation would do would be on the record for the licensee. Um, i'm not quite sure about bringing it before the bla um as far as like the transfer hearing. Is that what i'm understanding?

[66:03] Well, i'm not interested in holding the the the new license he responsible for what the previous license he did. I am interested in having the uh his what, in fact, he did do um, and he agrees that he did do uh appear on the license right? And that's like. So if whenever we receive a show caught notice for show cause from um, the Boulder Police department, we do our due diligence, and we look back for the five years for that license. And if there has been um any violations within the five years, we provide that information on the show cause, and then that's provided to you, and that's on the show cause notice. There was a violation in, you know, two thousand and eighteen, or, you know, twenty, twenty, one or whatever. And that helps you guys try and figure out if you move to a penalty um phase, um, you know, for

[67:01] per penalty guidelines, you know, and then weighing your aggregate and mitigating factors, and all of those kinds of things. So that's what stays with the license is the Enforcement history, or is any show cause or Enforcement history? Um! But as far as you know, something that's a past tense. I I We have to look at um. So in in, in, in, in, in in fact, this point there would be no Enforcement history. There would just be the the show cost and the and the stipulation of that, because we don't have the ability to do any enforcement substance, so that without the license you being present one who was charged, I mean, if he, if what we could have done is we could have find we could have find him. Uh, and if he does show up we can still find it. Uh but there, this doesn't change the fact that he he's already assigned the stipulation to fact, and there's no reason not to just go ahead and accept that. Sure, When I asking, Is there a way we can compel the license to to show up to a hearing, so that we can assess any penalties. Um, if we choose to assess penalties, so that the license he is not able to previously, he is enabled.

[68:12] Get off Scott free. Basically, that's That's what I want to avoid. Make sure that we don't allow someone who has violated uh he was to feel. It was said that they this violation occurred, and that we say, Um, hey, we're just gonna kind of let you go because you transfer that license. And historically, when when this this occurs and it has occurred, it's not on that unusual. It's not. It's uncommon, but it's not that unusual. It It it. We have done a um. We have done something in the often, was it? But it's a kind of more creative, but I know one. At least one was a fine it fine, and so uh, we've been talking, and it sounds like the temporary licenses Get through january fifth, two thousand and twenty-three um. They? It's a little bit uh I have to look into the statutes and rules that we're talking about. The statutes and rules um, because there's only certain reasons you can delay a transfer

[69:08] application, or there's a certain things you can look at. Um, so we'll have to look at that and see if show causes are one of those things you can look at to to the way transfer, but it does sound like there will be a temporary license through at least the next hearing, not interested in pen penalizing the new guy, because the old guy, you know, but but that but his. But my question about is there any way of compelling the previous owner to to appear. Yeah, that's a good question. I I have to look into it because it's a little bit different here, in the sense that you know we don't have this license over him, or anything, and and I believe he's not even in the country. So um. I'll have to look into some other Enforcement mechanisms that we can pull as far as assessing finds. Well, that's the beauty of Zoom. You can be in another country. That's why we weren't worried about it, and I would go to collect the panel,

[70:03] and the letter in our our packet says, like you are here by order to be at the Municipal Building, which to me sounds like you. You need to be here, but I guess my question is, what happens if they don't show up, there's no teeth behind that can an Fta. I was thinking that, too, and I will look into that and see what I can find. So what i'm hearing is that we want to move forward with accepting the stipulation of facts, and then continue this item to next month. Um, and try to potentially get in touch with the new license and let them know It's in your benefit to attend this and see about getting the old license to attend as well Member California will second all in favor. Say aye, Member California High number absolute. My member, Wallace. I

[71:02] sorry. Remember Roberts. I Thank you, Um. And just to clarify we are bringing, we would like the beverage licensing authority, would like to see both the new licensee and the previous license with the alleged violation. Back in December, Member California would say yes to that. I don't know how much um is there a car was saying how much. Um! We we can actually require them to attend, being that they were not the one that did the violation. But I I would encourage them highly, encourage them to attend, because it does affect their license that they currently have. Yeah, I him that thank you for the clarification. Continuing on with our agenda. Item number seven public hearing and consideration of an application filed on August eighteenth, two thousand and twenty-two from Dylan companies, Llc. Doing business as king Supers twenty-eight sixty, five, fifty. Look out. Road, Boulder, Colorado, eight zero, three zero, one

[72:12] Kroger Company as one hundred percent owner, and with Steven J. Dre as President Philip B. Nelson as Vice President, Thomas Jace, all of them as Vice President, Christine our Wheatley as director, Vice President, Secretary Karen L. Fike as Vice President and treasurer, Misty S. Murad as Vice President, and with Stacey Thomason as store manager, with the business mailing address of Post Office Box three zero, five, one zero, three Nashville, Tennessee, three, seven, two three zero. For The renewal of a fermented malt beverage off-premise type, liquor license, Mr. Steven, I believe you are representing this client. I am. Good afternoon. My name is Adam Stapen, St. A. P. And an attorney. License practice law here in Colorado Registration Number two, seven, five, Zero, six also with me on your screen is make Judd kins, and he's the store manager for King Super Store number twenty-eight.

[73:16] Great. Thank you. Um! Can we get Nate sworn in. Certainly, Mr. Jedkins, would you please raise your right hand and repeat after me? I state your name, I nate Jetkins, do solemnly swear or affirm You solemnly swear a firm that the testimony I am about to provide the beverage licensing authority, that the testimony i'm about to provide the license alcohol licensing authority is true and correct, it is true, incorrect. Thank you. Thank you. Great, Thank you. And uh, Mr. Steve, been since you're representing its Council, i'd ask if you'd be willing to wave the reading of the procedures into the record, we would thank you.

[74:06] Thank you. And is there any exparte communication or conflict of interest from any members on the board. Member California? No, no River Wallace, no Member Roberts, no great. And is there anyone here that wishes in the audience that wishes to speak to this agenda. Item, not seeing any, as there's very few people here now. Um I, Mr. Stapen, please proceed. Thank you. First of all, I like to apologize on behalf of King Supers and Kroger. I think I was in front of you folks a month or two ago, but another king super slate renewal. Um! And, as you know, this is two. But these folks have been in business for quite some time. They've not been in front of you, and late renewals previously for king soupers of recent memory. I can tell you, Nate Jenkins, uh does not have first hand knowledge of how these get renewed. They get renewed back in Cincinnati, and such cinnamon. I apologize if they're corporate.

[75:08] And as a result of this myself and the head hunch that are based in Colorado, here reached out to Cincinnati and said, We can't tolerate this any longer. This cannot happen. What happened. What was the delay. We understand it was due on the tenth of July you folks received on August eighteenth, it still before the exploration. But again we have a counter and practice of timely complying with your requirements, getting them in prior to the expiration day of the time you want them. What happened? And I was told specifically that it was a mistake. We're sorry um, and that maybe a press of business or something like that. But we've hit them with emails, phone calls, and conference calls where we essentially said, This cannot happen again. This is two key supers in a row if you would. Um! And I think you got caught up at the same time. This price of business, I understand the press of business is not an excuse. We all have it.

[76:06] We all press the family as well. We're people living with family and business at the same time. It's not an excuse. It's just an explanation of what occurred. Um, that's all I can tell you what happened here. We worked with this, you told them. Do not do this again, and we've I've been on conference calls discussing that um, and I can tell you that this has been an emphasis um for this organization to ensure it complies with your requirements going forward for all of its locations within your jurisdiction. Um, I think we've provided you the proof training. Uh, I believe the sales tax and occupation tax has been paid. They're recommending approval again. I I apologize. I wish I could tell you more, and it to something other than it. Just didn't get done time. Great, Thank you, Mr. Stephen. It sounds like they may have been a little too busy buying Albert, since no kidding. Um!

[77:01] Are there any questions from the Board not seeing any? All right. Member California would make a motion to approve the renewal of this liquor license. Let her out for one second. All in favor, say aye, Member California. I number absolute. I, Wallace, I I member Roberts, I thank you. Continuing on in our agenda this evening is agenda. Item number eight, public hearing and consideration of an application filed on September sixteenth, two thousand and twenty-two from one thousand four hundred and sixty-eight, Pearl Street,

[78:08] number one ten boulder, colorado, eight zero, three zero two upward project holdings, llc sole member of Postino holdings, Llc. With Lauren Bailey as managing member, and with one thousand four hundred and sixty-eight Pearl Street, Llc. As applicant with Lauren Bailey as managing member, and with no ownership over ten percent, with a business mailing address of through. Sorry. Excuse me, three, four, four, three North Central Avenue, Phoenix, Arizona, eight, five, zero, one, two for a new beer and one type liquor license. Thank you. And Mr. Steven. Are you representing this client as well. I am. Let me enter my parents for this client as well. Add on the statement and attorney here in Colorado registration over two, seven, five, zero, six. And is there anyone? I'm: assuming your clients will be giving testimony? Yeah, we do have two individuals here, Carol Johnson, as you know, from liquor pros will be testifying as to the petitions over circulated. We also Brianna Tanner, who's the general manager, and she's also visually appearing on your screen, she'll testify on behalf of the applicant.

[79:21] Can you please unmute you? There you go! Raise your right hand and repeat after me. I state your name I, Brianna Tanner, do you swear, or a firm do swear or affirm that the testimony I am about to provide, that the testimony that I'm about to provide to the beverage licensing authority to the beverage. Licensing authority is true and correct. It's true and correct. Thank you, Ms. Johnson. I state your name. I, Carol Johnson, to swear a firm. You swear for that. The testimony I am about to provide

[80:01] the testimony i'm about to provide to the beverage licensing authority, every licensing authority. It's true, incorrect to incorrect. Thank you. Ms. Johnson. What's there? A third? Sorry I missed that part. Okay, Great individuals. Thank you. And Mr. Steven, since you're representing his council, i'd ask if you'd be willing to uh wave the reading of the procedures into the record. We would thank you all right. Is there any X part a communication or conflict of interest from any members on the board? Remember California? No, we're absolutely no member. Wallace, no Amber Carnell, Member Roberts? No, three. Is there anyone here in the audience that wishes to speak to this agenda? Item, Not seeing anyone. Um, Mr. Statement, please proceed. Thank you. Um! Just like to get a little quick opening here. It's good to talk about good business rather than calls for Service show cause and the late renewal. So i'm glad we're moving into the good part of the agenda. I can also tell you that these folks are very successful operators, very well mannered operators, and this is not their first location in Colorado.

[81:14] They're based out of Arizona, and wherever they open their locations in Colorado become a wildly successful community oriented location, and I think the same is going to be here at Boulder, if you should. You folks grant it. Um, So I want to get that out there. I do believe that I wouldn't say it. Our first one is like the calls Carol Johnson, to speak to regarding the petitions that were circulated, and further into this new beer and wine license, Gerald Johnson for liquor pros, and Ms. Johnson, you were sworn in um. This takes us to speak to the posting. Oh, yes, I apologize. Thank you very much. Um, Ms. Johnson, Can you swear a firm that the poster was posted for the required ten day legal posting requirement. I was not involved in that. Quite frankly,

[82:00] someone you could post it. Not okay. So I liquor pros might get posted it. We have more people than and then myself with like her pro, so that I can't swear to. But i'm sure it was done if liquor Rose was supposed to do it. Uh, yes, I and I apologize. Um! I am uh representing the area director today. Um, but I was a part of our Douglas for me with your hearing so as familiar as I should be with these things. But um yes, I did confirm that. Uh, it was posted um in the time frame that it should have been both in. Thank you. I appreciate that, and I apologize. Uh, Miss Johnson, you mentioned you are associated with liquor pros. I know this authority not quite well. Would you briefly give a quick background of who you are and what you do? We provide the service of uh liquor license, petitioning marijuana, petitioning, and also uh, the alcohol service trainings. Um! We are a neutral petitioning company, and we do not guarantee results

[83:11] were you retained on behalf of the current applicant to circulate petitions, and further into this application. Yes, we were. Petition was done. Excuse me, Wednesday, November Second um, and we start the closest location, some radiate out. In this case the businesses were primarily uh the entire, though about three, four to the length of the Uh Major uh Pearl Street area. And then there were business residents done, and um about six or seven different locations on the north in all four hundreds. What results did you obtain. Um made, attempted sixty-six businesses, and two hundred and sixty-eight residents for a total of three hundred and thirty-four um attempts out of that we received fifty signatures in support from businesses

[84:13] at zero. In opposition we receive fifty-nine signatures in support from uh residents, and zero and opposition. So we had one hundred and nine signatures, all of which were in support. Well, there were um twenty-four people who declined to participate thirteen were not interested. They do not sign any petitions, or we're still concerned about Covid contacts. Two were too busy, and one had no opinion. There were twelve who were not qualified. Five were businesses that did not have an owner or a manager available for were non-residents, and three were under twenty-one. So I didn't believe that um a lot of people did know from their other locations, as you mentioned. And um,

[85:04] this was one hundred percent in support. Great! Do you have anything else you like to advise the authority. I think people are anxiously awaiting the fulfillment of the liver license. Thank you. I don't any further questions of this, Johnson. I'll turn to her there any questions from the Board Service, Johnson, Member Wallace Johnson, when you um do the surveys and someone gives the age of twenty-one. Do you confirm that if there's any um we've never had a problem with that. We don't ask for ids. We've never had anybody um try to get out of it. Most of the people are obviously, you know, will tell us right up front. We've been doing this for years that way. We've never asked for Ids when you said that you start for a radius close to the the licensing and the route. Could you please explain to me why the overwhelming majority of the close residences uh to this licensee are our low density and medium density residential. You would rate many blocks away to get multiple unit dwellings.

[86:08] I did not do this survey personally. Um, they did do uh different areas, and that's what they try to always represent different areas surrounding it. Um, I can't speak specifically. Uh, I was not a part of this sex survey. Have a number of people that do the surveys. This is why we always try to get sampling from different areas. Are you aware that almost twenty percent of the the people who signed in in in favor uh were to this at their age exactly twenty one. No, we there's this is the neighborhood that there are. It's not like the hill. We still do not even go to the apartments and things, or the sorry for Trinity houses up there. Uh, there is some mixture in uh the areas. But uh I didn't

[87:00] I I was not a part of the survey. Uh, there's a vast mixture in this area, and you went specifically according to this petition you presented uh to the multiple units section of the of the neighborhood, and stayed away almost exclusively from the multi low density and medium density. Part of the name I mean a block away our homes, and you went many blocks, so we had to find these apartments. As I said, I did not do that petition myself, so i'm not sure what the situation was we do to I the sampling in different areas. A lot of this I could see on the back this single family um, some of which there's there's quite a variety um nothing north of nothing north of uh uh Pearl Street. Yes, yes, we do. Which ones um! There's um on

[88:05] this port and Concord. There's four. There's four different sections that are north of of Pearl Street. The map is four, four red areas colored in on your map that are on the street, and there's four below Four Wall Street. I'm. Looking at the addresses listed on the actual petitions i'm just looking at the addresses shown on the petitions they may not have been home to sign. We can't guarantee we do not guarantee results of the signatures. Um! We go in different areas. There's there's signatures on Walnut Street. Yeah, I I got that. Yeah. Well, it is. It's south of Bro. I was thinking that was never

[89:01] member. Wallace, If you do look at the map. There are areas in the there that they surveyed in the Whittier area West Boulder, uh Mapleton area. And so that's all I wanted to make clear that that's all I needed to have answered for me. Thank you very much. There any other questions for Miss Johnson? Can I have a follow question based on that sure Thank you, Miss Johnson. Did the applicant tell you how or where to circulate your petitions? No, they have no involvement whatsoever in that, like you say, we normally try to get uh different areas north, south, east, and west of it, and in this case we did uh things in all four quadrants of the petition for the residents

[90:07] great. Thank you. Does it look like there's any other questions for Ms. Johnson from the Board? Uh, Mr. Stephen, you may proceed. Yes, thank you, Miss Taylor. Can you hear me? Okay, Would you please state your name for the record? Uh, yeah, Brianna tanner uh b R. I. A n, N. A. T, a, n, n, E. R. What is your current occupation this tanner? I'm. A general manager for upward projects, posting a wine cafe specifically. How long have you held that role? Um, I've worked for the company For five years I've been in a general manager position for three and a half of them. What's your responsibility as a general manager?

[91:02] Um. So as a general manager, I oversee all operations. Um both front and back of the house for the premise that I'm currently on. Uh. So I oversee um, you know. Day to day operations training uh food, safety, alcohol, safety. Um uh eighty team members um accountability, reward, recognition. All the things so great, and we're what location do you currently manage uh currently right now? I'm. At our Highlands range to location, which just opened up in August. And are you also responsible for assisting in the opening of the post? You know here on. That's correct. I will be involved. You are intimately involved. Yep. Yep. Okay. I'll be the general manager at that location. So You' to be the general manager at the location.

[92:10] Um, I can. So yeah, I mean, first and foremost, we're a wine cafe. We're uh, you know. Our intention is to, you know, get involved in communities to hopefully make a positive and in impact in that community. Um, we serve, you know, kind of like modern Italian top of style dishes um centered around. Uh, you know, Italian inspired we for beer and wine only no liquor in our establishment. Um. And really, first and foremost, we just try to create safe places for people to connect right with loved ones or coworkers or um, you know all all of the events. So really, we're just a community driven restaurant. Um, And you know we are hopefully looking forward to getting involved in the boulder community as we, as we feel like that would be something that we would be super connected to. How many, How many locations do you folks have around the country? Approximately

[93:04] Yeah. So twenty-one approximately we do have four other restaurant concepts that are just in Arizona. Um, specifically uh. So we are now in four markets. Um Arizona, Colorado, Texas. Uh. We just opened up a location in Georgia, and we've got one opening up in Irvine, California next month. Um! So soon to be five market soon to be twenty-two uh locations by the end of the year. How many postinos are located in Colorado? Currently, right now? We've got four locations, three in and around the Den Denver area. Um, Our Highlands Rains location is our first location outside of Denver County, and have you suffered any violations since beginning your operations here in Colorado? Um, we did this would say, the love, the liquor license. Yeah. So um, you know. And I apologize. I'm just speaking on behalf of uh what I understand. Um, because I was not with this location at this time, but we had a violation, I want to say, almost six years ago, at our low high location. Um

[94:11] in regards to us, not carding um. Since then, uh, we will not, only, you know, parted ways with that particular employee um to just create some accountability and and around the importance of um, you know. Safety uh, But since then, and over the years we've uh created a lot of programs, or have been a part of a lot of programs to um really ensure our team that that liquor safety is of top priority uh. So we're part of the bars program. Um, which is something you guys heard a little bit about earlier. But uh, we bring in the bars program once a month to do audits um for all of our servers and bartenders. Uh, and we are provided either a red or a green card. Um, here at this location post, you know Highland Branch. We've received two green cards since we've opened um, but but yes, we did have a violation about six years ago, at at our low high location, which was at the time our only location in Denver,

[95:09] and that was a sell to a minor through a compliance check operation. Is that correct? Yeah, correct. I apologize. Yes, that's correct. No, It's okay. I'm just trying to for the records here. And as we said so since then you put up several other locations, including the location right now in Douglas County, and not had any other liquor violations of any kind. We have not now. Yeah, you know. Um, I think first and foremost uh that community, you know, the community of Boulder is just something we really want to be a part of um again. We try to be. We try to be super intentional about the communities that that we want to be a part of right and like, how do we make a positive impact on, you know, businesses and residences. Um, um, you know, and create a space where people feel welcome then comfortable. And Um Boulder really stands out as like a community that we fit. We feel like we would fit in really. Well. Um,

[96:10] you know one of our core values for a really long time with inspired spaces. Right? So how do we kind of go into um some of these spaces in a community that's been around for so long and try to make a positive impact, and not only through like food, wine, and beer, right, but through like hospitality and gas connection and creating a safe like working environment for our team members and stuff like that. So Um Boulder is just a place that really caught our eye. And um, you know, just the community out there, and we have several team members that worked for us in Denver or in Highland France, who have not only like attended college there, or who have had children who have attended college there. Um! Who are who have been born and raised in the boulder community. Um, who commute from the Boulder community to work for us in Denver. Uh. So you know, we just. We feel really strongly about um being a part of that place,

[97:01] and You've heard just by sitting here today how important compliances for the City of Boulder, the coverage licensing authority we've heard from the police department regarding calls for service. We're gonna like orders for show costs. What do you? We briefly tell these folks how you train your staff to for that Doesn't have. Yeah, of course. Um. Well, I already told you a little bit about our bars program. Um, that we are a part of. So that's monthly. Um, you know monthly compliance audit that we are ensuring uh proper, like carting is taking place within our staff. But you know just so. You guys are aware, when we open these stores. And even even if there's managers and team members that are going into existing stores um, we have expensive training. So when we go to open boulder hopefully. We'll have seven days of expensive training, and every single day we hit on alcohol safety, right? And that that's how to understand. You know visual cues and speech queues right how to how to read a a proper Id what's in compliance with understanding what a proper Id is.

[98:08] And then, aside from that we actually require all of our team members um from the host, and all the way to our part staff to be in Tips compliance, meaning every single one of our employees uh that is around. Alcohol will uh go through their tips Training program. It is it? Is this some I I I know You're busy. You're at the store now. You're juggling quite a bit. Um Is the training one time training, or do you folks have continuous training that goes on after the folks are on board. And if you do, can you describe what you do? Um, of course. Yeah. So bars program. Um. We also utilize a uh my favorite chopper program, which is basically um. You know someone that we have come in to secret shop, our servers and our bartenders, including our management team, Host and Server Assistance Center culinary teams as well. Um, But a part of our our secret chopper audit audit, which we receive monthly.

[99:08] Um. We'll also touch on uh carting compliance. Right? So they're ensuring that one. They've been carted uh and two that their their Id is in compliance with the State of Colorado, and that we recognize that or did not recognize that. Um. So we are rated uh through our secret chopper programs as well. Um, We also do daily line up uh for our Am. Crews and our Pm. Crews. Um! And we touch on what the date is for proper uh age for alcohol consumption. So it's really a part of our the conversations that we have in our in our restaurants twice a day. So, in addition to onboarding them and using a third party bars program. You guys have your own internal audit system that talks about this and your daily meetings, where you continually reinforce the importance of complying with your policies and procedures, and thus the laws and the safety for the city and the county up there.

[100:04] Um, yeah, we do so, of course in our training programs that every team member goes through. Um, whether you're uh a a host, a server, assistance, or or a bartender. Um! We'll touch on alcohol. Safety. Um uh, of course, our tip certification that we require and then manage your audits as well. Um, Our leadership teams have a incredibly heavy presence on um on the floor uh ensuring that servers and bartenders are um auditing and courting appropriately, we um we discard everyone that's our policy, and how and this location in Boulder, if this license is granted, is seeking to have alcohol be permitted outside in a designated patio. Is this your first time operating a liquor license patio in Colorado, and if not every single one of our locations operate with a patio. Can you give these folks some uh idea of how you guys control the alcohol and the patio to you. A comfort level at all Calls not going to be taken off or be brought on, recurred again through the ra guys with a jug of

[101:07] Margarita again. This was in port. But what what are you gonna do, or how do you train your staff to prevent that stuff from happening. Yeah. So we have designated entrances for the patio. Um. And not only that we have railings right, so like the only way to get in and out of our patio is through, you know, a an one exit that we have either that leads to like the sidewalk, or that leads inside the restaurant. Um! So that is how we monitor. Uh, you know, alcohol safety on the patio if there's really only one way, and then one way out for people or outside. There's only one way, and then one way out um for them to be going, you know. And again, just the presence from leadership on the floor, that we have um continuously in the training that we have with our teams. They know um. They know that alcohol where it's allowed, and where it's permitted on the panel. And so you have staff members frequently checking on the patio, and or having eyes on the patio at most all times during the time that you're open and selling out all

[102:07] one hundred. We have designated staff for the patio. Okay, So it's It's something where some of you walk out there and then kind of be neglected, or or this is part of a location or a server. You're gonna be designated to make sure individuals are properly served with hospitality, but also for compliance. Correct? Okay, Um, uh, Should this license be granted? The goal is February, February, two thousand and twenty-three. Okay? And do you have anything else? You'd like to advise the authority, I mean, I I think she's gone to great detail and knowledge that you folks take this very seriously, and this is not a five by nine operation, but anything else you want to tell these folks, because they are going to be your neighbors for the device to be granted. Um, I don't think so other than you know. Um, Hopefully, we're able to be a part of the Boulder community, and hopefully some day get to serve um, you members on this board and um, you know we we take uh alcohol training incredibly, seriously. You know, i'm involved in a lot of

[103:11] general manager, executive uh chef meetings that involve a lot of our uh senior level leadership teams and alcohol safety is something that we talk about frequently. Um: So yeah, I just uh we just would look forward to the opportunity to be a part of um that community. So I appreciate you guys taking the time and um listening to us. Are there any questions from the board? I just have a couple of things I wanted to say. Um, I really appreciated your alcohol policy and safety. Um, in your uh uh employee guide Uh, that seemed to be really thorough. It addressed a lot of issues that you had to deal with a lot of issues that was very thorough and detail. Um,

[104:02] in addition, are you? Were you able to hear um, Mr. Nathan Dewey's um comments when he presented earlier about are here in boulder. Um, was that? And I apologize? If you could just remind me was that the the the red part of the green card. Yeah. Yeah. So it's a local organization that um many licensee uh holders are a part of um, should you? Yeah. A violation, It is considered a mitigating factor, and they also can provide you with a lot of useful information. Um, with regards to any issues that are coming up in the city, the I believe they meet my monthly. So um yeah, I would just highly suggest getting in touch with them and joining that organization. Uh, remember, I have a question for you. Oh, I've been to the you know, and and Scott still several times um in in in in um. I don't understand. Why is it a beer and wine license at this location? The other one I was at? There was a significant amount of non beer, and one

[105:06] all of our posting a wine, cafe and locations only for beer and wine. Um, I I don't know if you and I apologize. I think I heard you say El Paso, which is not an organization we are affiliated with. Okay, maybe i'm mistaken. There was in Scots. Yeah, but we do have two locations in Scott sale. Um. But postino wine cafe, both are um, both of our Scotts. Our locations do not serve liquor. We do have another like restaurant concept to Windsor, which we only have one location located in in Central Phoenix that does sort of liquor, but um! It's not any of our I'm confusing to events really the both of I mean i'm a Scott sale uh quite frequently, and in and i'm confusing events so. But any that Another question for you. Um. Well, that was the only only only question really is, why a beer? Because if they're all beer and wine. Well, another question for me, for, uh, Mr. Stapen, your uh this license he this applicant um at their, at their low high in Denver

[106:11] I had a um sale of alcohol, and it was that there first and only uh um, yeah, whether it was there any aggravating circumstances? Uh, no, uh, I can tell you, because I remember that very vividly. Uh Brett Karlich. I believe that's his name with Brett Klick. Is that right? Amber Brett Brett Karlichek so very quick. So Brett Karliche is my contact, and he's one of the lead executives uh dealing with on upper projects, and he lost his hand when the violation occurred. Uh, he actually flew back out to Colorado Institute. The training talk to everybody and do everything you had to do until you know it's not. It was just a server that failed to check an Id that you can't remember who it was was trained to do

[107:02] normal compliance. Check not aggravating, but bread flew out. I actually don't talk with a group as well a couple of other executives down in. They called the lab down there in Phoenix, and they just they just lost their head over the one cell. And No, sir, there was nothing aggravating with it. Okay, that I I guess, because they don't fall around in Denver because it's twelve twelve day suspension. You know It's It's Denver, I believe, follows the fourteen day suspension, first violation. So several days on the main. That's fine, but you're right. Um, I think it was a payment of fine how it was resolved. But Denver does have the higher level of days of suspension. Should you violate uh a still to a minor or something like that? Thanks. So that was all. I had nothing great, any other questions from any other board members not seeing any. Um, yeah, Mr. Shapen, did you have any closing statements before we close your deliberation?

[108:10] Well run the organization and All I could say is not only for myself that have been there, and folks run off from the other folks that I know that go in and with these locations. When you do. If you do, you'll see that this is confirmed in practice. Now they reach as well. So that's all I had. Thank you very much great. Thank you. So we will close for deliberation. Are there any motions or comments? Personally, I think it looks like a great application, and it is very well put together. I I have a comment. Um, I personally don't have an issue with with the this license e. Whoever I don't think the result of that the evidence is given for the needs and desires of the neighborhood are significant enough for me to accept them. As this is what is statutory, and require and given the uh observations I made before,

[109:01] and so I I I i'm won't be voting in favor of this license. As a result of that, As I said, twenty percent of them themselves is is twenty, one years old, if folk, and in while I saw the map where they said they had surveyed other parts, but not a single person in any of those other parts signed the petition, and I don't I This is Carol. This better job than this, and I don't know why this this one came. Maybe we didn't contract for enough signatures, or what? But I don't. I don't believe the the the statutorial requirement for the and my only comment to that is, we have to take this employee at their word and their credit. And um! They said that they went to those neighborhoods. I do understand and think that it is odd that they did not get any signatures from those uh specific neighbors their neighborhoods. Excuse me, however. Um, they don't record. Uh. They just record the number of no answers they don't record which locations answered, so I think

[110:06] in my mind. I'm. I'm taking them at word as a professional business. Thank you. Any other comments uh no, I would just echo what Member California said. Um really put nicely put together. Um out call policy, um! And I I know that they they're very um. They're very put together, and some of the establish. I've seen in terms of how they operate with their um liquor service, so I would uh make a motion to approve the license number, Carl a second, that motion great all in favor, say aye, Member California I There were absolute. I number car. I member Roberts I license has been approved. Thank you very much. Thank you so much.

[111:02] Thank you. And a happy holidays, too. Everyone enjoy their thanksgiving. Moving on in our agenda is agenda. Item number nine matters from the Assistant City attorney. Thank you so much. I don't have anything this afternoon on to item number ten matters from the licensing clerk beverage licensing authority, consideration of permanent modification applications by administrative action. Licensing Manager Chang Garris. Would you like to begin? Thanks, Kristen. So we've got a couple of um unique circumstances that we'd like to present to the authority today. Um, I'll talk specifically about the application for Junkyard Social Club, and then Kristin Teague um can fill you in about the application for

[112:04] um. So for Junkyard Social Club. This license was originally approved by the Board last year, and the business has been under construction since then. Um! Throughout the construction process the city building department has asked them to make some adjustments to their building plans. Um, which includes moving some walls and making some changes to the bar, and since this license has already been issued, these changes are considered material changes under the Colorado liquor rules and the license, he was required to submit a modification of premises, application which has been included in your uh packet for the meeting today. So typically our process for modification of premises applications is to schedule the application for a public hearing and neighborhood petitioning. But given the fact that this licensee recently completed public hearing and petitioning for their new license application,

[113:01] and the fact that they haven't been operating. Yet Staff would like to ask the Board to consider, waving the public hearing and petitioning requirements for this application, and allow us to process it administratively so. If the board does agree, then we would skip their neighborhood boundary, setting in the next agenda item, and if the board declines, then we would proceed with setting the boundaries and the next agenda item and schedule them for a um public hearing, as we normally do. Um. So we just asked the like our board for the bla for um, an exception in this case. Member California's for it. I don't know how everyone else feels. I agree with the proximity. Yeah, the person needs to when we just had this happen. Um, yeah, I am going to agree with you that I'm. From California. I I I thought they were quite thorough when they were with us. I I don't have any other issues that I could bring up at another hearing.

[114:03] I'm for it. Great. Thank you very much, and i'll let um kristen t talk about um as well. Thank you. Thank you. Um. The gaku ramen that you see on the agenda um for the same consideration, although a slightly bit of different circumstances. Uh moved. This is for a new application. Um! And they had moved into um the old Toona location. You had previously set boundaries. Um! And they'd done that, and you had previously approved their license, and it went down to the State. We received it back, and upon um working the inspection. Uh, I noticed that the um layout of the premises did not match the diagram. Um that had been approved at both um beverage licensing authority level and at the state level. Uh So I We did a lot of research and went back through all the old Toona files. We could not find where a um permanent modification had happened with the Tohona license ever um. And what diagram that Gotku Ramen originally submitted was just the layout that they had received from the landlord,

[115:20] which was the original Toona diagram. The only thing that Gotku Ram did was come in and clean, and do painting um. They did not make any modifications on their own. So we are in turn asking that the permanent modification that they submitted that's included in your packet now, which just includes a little bit of um, some walls and different things. Um, a server station and things like that. Um also be allowed to um proceed um with us, doing that administratively, so to home that have been operating under, not what we have on file for their layout. Is that what i'm hearing

[116:06] right? I'm just interested in how we that with Tohona. But I guess how would you? So? Um i'm. For moving it forward administratively great. So we have a consensus to approve. Uh, let Staff approve both of those uh administratively moving on is neighborhood boundary settings for applications for the December twenty-first two thousand and twenty-two beverage licensing authority hearing first one of those is for Sb. Wines, Llc. Doing business as persona wine at twenty-two, ninety-nine pearl street number six boulder Colorado, eight zero, three zero, two for new retail store let type liquor, license, closest location to this that we could find it. Um would be Daedalus at eighteen twenty-five Pearl street suite. B. However, that's not a retail that i'm sorry that is a retail liquor store.

[117:13] What? What were those? Um! Unfortunately, that was done during pandemic, so we did not set street boundaries at the time we were provided with just a one mile radius map. Electronically I'll i'll make a motion. Then the um the east Boundary, the uh Thirtieth Street, the West Boundary, the Uh Ninth, the North Boundary, the High Street extended in the South Boundary Beam Marine I'll second that motion all in favor, say Aye, member California. I remember Absalom Number one. Never car I, Emma Roberts, I thank you. And can I get, please again? Who seconded that?

[118:02] Thank you, continuing on for a second one would be creature comforts, Llc. Doing business as creature comforts at sixteen, forty-seven pearl Street unit, two boulder Colorado, eight zero, three zero, two for a new beer and wine type. Liquor license the closest closest for this would be split kind of fifty, fifty in between um sweet green at sixteen o one Pearl Street, and Laughing Goat Coffee House at one thousand seven hundred and nine Pearl Street, sweet green, unfortunately, had the same pandemic issue with just the radius, and I could not locate uh laughing goats previous uh boundaries. I'll just make a motion, then that we use um also going to move the east boundary in the west boundary since the north of the cell phone. So High Street extended on the North Marine Street on the south, on Twenty Eighth Street on the East and uh Fourth Street on the west.

[119:01] I'm sorry. Do you mind repeating that one more time? Just a little uh Twenty Eighth Street on the East and Fourth Street on the west. My motion number one. We'll second that much from all in favor, say aye. Member California. I No, you're absolutely right. Number car. I member Roberts. I right Thank you so much. The other two that we show on the agenda were previously approved. Um, to let the staff do administratively. So we'll be continuing on uh the expected administrative processing processing of a liquor license transfer Application um for November um is a nor galing. Llc. Doing business as Taj Indian cuisine uh for the transfer of a hotel restaurant type, liquor license.

[120:02] They do have a current temporary, and they're doing. Um. It is down at the State for Review. There were no breweries, wineries, and distillery requests for local licensing authority input uh for Colorado liquor sales room in the month of November you were provided with the list of special event liquor permits. Uh, from the time of the last month's pla, hearing to the formulation of the agenda in the packet, and we'll continue on with agenda. Item number ten for matters from the licensing clerk. You were provided with liquor license renewals list. Those were sent um the end of the month prior uh, and those will be uh for licenses expiring in February two thousand and twenty-three. We now need to establish a quorum for the December twenty twenty, i'm sorry December twenty first two thousand and twenty-two hearing date.

[121:01] Um is there any anticipated conflicts for quorum. For that date I scheduled to come back from the builder mice just for that. Remember, Absalom will be here for that number. California will be present, too, unless I get hit by a bus or something. Don't even say that now. No, for a car. No. I remember Roberts friends on being Here, right. We will proceed with the December twenty first two thousand and twenty-two bla hearing date as previously scheduled. I will now turn this over to um staff for discussion of virtual versus in-person hearings

[122:01] counsel. Whit would you like to begin at all i'm i'm happy to um unless Chris would like to jump in and and jump in, and i'm happy to just jump in and talk about this a little bit. We brought this up last meeting, but of course not everybody was here, so we push it to this meeting to discuss um virtual versus in person hearings. Um! The city has uh repealed the emergency order. So we do have the opportunity to do virtual uh quasi virtual, you know, like hybrid or in person hearings. Um, I will say that um. We have an instructed by our city due to the technology constraints that even if it's in person, it's not um an option for the public to join, because the meeting spaces that we do have available are too small, so it would just be in person for the authority hearings, for now. Um! I think they're still working. I could correctly if i'm wrong on this um kristen. But it sounds like they're still working on some of the technology, and hopefully we'll be able to um have in person hearings with the public. If that's the direction we want to go in the future. Um, we can come back to that. If that's a thing that we would like to discuss later. Um, But for right now, if we do in person, that would just be staff and the Bla authority and members.

[123:08] Um, since I know that was something that was discussed a little bit last month. Um, I just wanted to highlight that for you. That's just the way our technology is working right now with the city. Um, So it's up to you if you want to do virtual in person or a hybrid combination. Um, I believe the staff, the licensing Department staff have been trained on on hybrid. Um. So that is an option for us. Is there anything that I missed. Okay, so um, it's up to you whether you want to continue virtual, et cetera. So we wanted to get that opportunity for you to discuss, so the applicants wouldn't be able to come in person. Yeah, what's the reasoning behind that? Because wouldn't they just be there, and they're recorded right? So part of the problem. And I uh, as Staff attended the training um for the use of the new technology that is in place for this um, we would not be able to use Council chambers,

[124:03] so if we did it somewhere else, we could do it if it were to be moved. Um, you know hybrid in person. Um, yes, um. So the the technology for non-hybrid yes, already exists like it used to pre pandemic. The problem is, is, there is the ordinance that is still in place that prohibits public attendance and boards and commissions. Yes, that's still in place. Temporarily. I I gotta tell you the people for those of us who've been operating in the world. Uh, uh, during the pandemic throughout, without the without the luxury of having to be able to hide behind a uh uh that hide behind, but use use a camera or something. It's a little off putting that

[125:11] people who who enable to do that are hesitant to them come back into the public realm. But anyway, that's just my own tick. I've got plenty of Okay. So right now there's only three spaces in the city that are eligible that have this um hybrid technology available to us. Um, one of those um some of you have already done, and that would be the uh Brenton Conference room first floor. Um! But beings how there would be no public engagement like we had to, Prior, we would be able to completely close off that one glass wall, because it would just be um authority staff um the staff, and then members of the authority Um, there wouldn't be any public, and then everything would be up on a a really large screen that we have in there for those of you that recall um. The other two spaces within the city are um

[126:04] a little bit smaller and not able to be configured as well. My vote would be, and this is just me that. Um, we remain hybrid until that ordinance is lifted, and then go back to in person once that ordinance is lifted. Did you mean not hybrid you meant to keep it this way. Virtually I I I agree, and I agree with Member Wallace. I think that i'm ready to be back in person with people, because I've been in person wearing restaurants, the entire, the pandemic. Um. But yeah, I agree. And so we can go to the full format where we're all, and we can see applicants coming up in person. What's the difference of the five? The ten of us are in a room, and then people are coming up on video it that doesn't make much sense to me personal. But i'm ready to for the ordinance to be left in and see you all, and

[127:03] and hopefully will be soon that I think the technology they're just trying to figure it out. As you said It's a it's a bit off pudding. But I I would just as soon go together. But I I I'll do what the majority wants to be without my opinion, because it's it's a um. I I I agreed a little more about this situation, and so, once the public is allowed back in um, we will discuss if we're going to be hybrid, or what was the category? Or is that we'll just do that once the ordinance is lifted, I think what we're saying is that um we kind of want all or nothing, and not the hybrid mix. So I think that we want these applicants or showcases to actually be physically present with us. So, Um, that's what I interpreted, at least as we we kind of want it to be back to the way we were doing it before the pandemic, so either virtual or in person completely is, I think, what we're saying.

[128:07] It will cross the but the other bridge when we get to it. That's what I was wondering. Are we just gonna put this discussion down until the ordinance is lifted, and that's even a possibility. Or we just are we talking about that? I think we're just talking about what we're going to do now. And now it sounds like the consensus is that we'll just stay with the way we are until the ordinance is lifted, and then we'll discuss That's what I said. Interesting, Okay, cool for me. Is that just as this this consensus of us, or what did, What did you? What did you need? Yeah, I just um yeah. A consensus is fine. Um! Did we hear from everyone as to their comments doing so

[129:00] so virtual, for now and then we'll discuss from what I understand, and then we'll discuss. Once once we're allowed to bring the couple of in great, and then um Licensing manager, Chang Garris for the next item Beverage licensing Authority retreat, scheduling. All right. Thanks, Kristen. So now that we have all board members present. Would you like to discuss um having a retreat and possible dates for that? How soon can we be? But when when does this say Regis, and as been available. Um, that sounds fantastic. We there are some public notice requirements that we have to meet, so we would need to publish um a public notice in the newspaper, and that typically takes about two weeks. It It gets posted on Sundays. Um. So I would say, a minimum of two weeks

[130:01] around the holiday. Excuse me, Sorry to interrupt um, but I said on the holidays, if we have to give it two weeks, I would maybe suggest to set something in January when things kind of come down as people are traveling, and um so if we can put something on the books and generate it give licensing and full time to get the two weeks notice out. So maybe this group can come together with the January date. That would work. I agree with January. Yeah. The first two to three weeks of January prior to the University opening back up would be ideal. Um, Wednesdays work well for me. So this is an all year, half day retreat. That's one of the It's up to the board. We typically do half days, about four hours, but it's completely up to the board. If you wanted to do a full day, or or how much time you'd like to schedule, I would vote for half day.

[131:01] What my question was, What what time, typically is it like? Can we start later in the afternoon, or go to the evening, or does it have to be like eight to five. It can be whatever works best for the board if we done noon to five or we we can do whatever we want to do, but the the the only stipulation is that it has to be public notice and and um, but the in the past it had a lot to do with what um the clerk wanted us to go over, so how large it is, and how long it takes. So I guess we would need some feedback on that. That's a good point. So um, now that we know that you do want to proceed with an agend, or with a retreat, and the timeline for that staff can put together um a proposed agenda, and present that to you. Um in the December meeting. If that works and um collect feedback on that. If there are specific topics that you would like to discuss with the retreat. Um, please let us know you can. Um let us know right now in our meeting today, or you can email us separately. Um, as you think of things, and we can add them to the list for discussion. Kristen, Do you have anything to add to that?

[132:12] No, um, that's usually what we've done, and when you're um and just a reminder to um all authority members. If you are emailing suggestions for uh discussion items, please make sure you email them only to staff and do not include all other members. Um, on those. Um Kristen, could you um explain why we're not supposed to email other members and combine them to see them? I can explain it, because actually, Laurel is our expert. But I mean I could have been laws or expert. So um under the open meetings law email is considered a meeting. So if you email everybody together. It's like two, if it's more than two members together in an email. And you start communicating That's a meeting that hasn't been publicly noticed. So it violates the color to open meetings. Um, So it's a little bit strange, because it includes email. But the idea here is that any sort of communication with all of you guys. Um! That is an open to the public could be considered a meeting.

[133:09] And so, if if something happens and subpoena all of our records rather than just our communications directly with the back to the office. If we all were to go to a happy hour together, we could do that. We just can't talk about anything. Liquor border related. Correct? Hey, You guys know this? Yeah. So um under open meetings lots, any time you talk about business unless we told everybody two weeks ahead of time. We're gonna go to the Park. Yeah, and you open it to the public. You can. Yeah. Then we have to do an an an agenda, and we have to pay to publish it. And yeah, and it would be funny to say the next meeting is held at a bar. Not not really. We're an alcohol. Yeah, but that's why it has to do with yeah openings. Thank you for clarifying.

[134:06] I think he's for meeting in a bar. Yeah, could I make a request? Um! That the to be in person not virtual. Is that what we were talking about. Could we do that? Because technically they are public. So the public couldn't, but they're a public hearing, so we'd have to do a hybrid format or something accommodate that we needed a bar for our retreat. We could do it at the Breton Office building. Right. It's flooded. I didn't do that hopefully. It will not be flooded by then. Um, please let it not be flooded by then. Um. So yeah, we can um put together some dates that are on Wednesdays um, and sometimes um, and and then send those out. I don't know we can probably put together a doodle poll, or something like that.

[135:02] The uh East Boulder Rec. Also has been used in the past for uh certain city meetings. They have a couple of rooms out there. I know um. There's a few others around the city. Isn't there one in the uh atrium there is, but I don't know if it would be big enough for staff and all everybody that is involved in in a pla retreat. I think we've had actual hearings in that room before. So I think we used to. Yeah, you're right. We just had the candidates for Board retreat at the Fire Training Center, too, and that worked really well. So I think we've got some few options for an in person retreat. Oh, the fire training. They sounds like fun. Yeah, it's kind of cool You get to see a lot of um burned things. Um. So i'm hearing Wednesdays work well. Does that work well for everyone? Should we narrow it down to Wednesday?

[136:03] Um! Is there a preference? Morning, midday evening? So I I still work full time, and it's difficult for me to get um off during the day, so three Pm. Would be the earliest I could do during a business day. I would prefer four Pm. Or later. I would agree with Mike on this, too. I still work full time that if we're going to do it. The evening is better for me, or if we need to, I i'm open to meeting on a Saturday morning, or something of that nature as well. I have no problem with that. It's definitely not doing on the weekend, Mike. Okay. So if we look at um the Wednesdays in January, beginning at four Pm: Obviously we're not going to schedule it. Um! During the third Wednesday, because we have our bla hearing Is the board comfortable with meeting two Wednesdays in a row, or do you want to have like a week in between?

[137:03] I'm fine with it? Yeah, yeah, I think they the the the eleven looks good with the eleventh on January eleventh, at four Pm. Work for um all of the Board members for me. It works for me as well. It it can work for me. Yeah, it may work. My husband won't like it, but he'll be okay. Okay, great. Well, thank you so much. This has been incredibly helpful. Um! We'll go ahead and move forward with, uh putting together an agenda and circulating that to board members and um securing a space to have it. But if you could go ahead and just mark your calendars for Wednesday, January eleventh, at four Pm. Um. And more details to come. Thank you

[138:02] all right. The last item on our agenda is matters from the chair, and members of the authority. Uh Member California does not have anything. Does anybody else All right. Great Is there a motion to adjourn? Thank you much. My car will make a motion to adjourn. Remember absolutely all in favor, say I, California, I number absolute. I, Roberts I mhm so we can go over this with a retreat. I don't seem to be very good at it. There's no reason we won't it'll be so much easier for a person. You'll see. I wanted to tell everybody, since we've moved in past the the adjournment. The reason why I I voted in opposition for for the uh uh uh

[139:02] thing was that the that was the worst survey I have ever seen, and it and I don't know i'm not a not contributing any, any motives to it at all. But, uh, I, and there is a statutory requirement that needs and desires, and that was the only thing they presented. Um, and I knew that I had the luxury of being able to put in opposition because the other four of you were here. So thank you. Well, I really appreciated um you bringing that up, because those are the types of things that I wouldn't have looked into. And So that's that was really great. Thank you. Thanks. Thanks for giving me the luxuries being able to oppose it because you almost you almost persuaded me. Okay. So what about three to two? So all right, we are adjourned as a five hundred and twenty-two Thanks. Thank you have a nice holiday guys.