December 21, 2022 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:03] Okay, it looks like everyone's in and recording is started. All right. We will call to order the beverages licensing authority. Hearing on Wednesday, December 20, first, 2,022 at 3 Pm. Wonderful. Thank you. Chair Colifano we'll begin with roll. Call Member Absalom number Absolute present vice-chair car check by your car. Present. Share. Colifano Chair, California, Present Member Roberts. Remember Roberts present and Member Wallace. Remember Wallace present great. We will now begin with instructions for virtual hearing and rules of decorum. Our colleague, Caitlin Kellogg, will be showing those slides for us.

[1:11] Can you see them? Unfortunately, I am unable to see that. That's okay. I'll read them. I appreciate that. Thank you. No problem. This is the public participation: Beverage licensing authority and cannabis licensing authority board meetings. The city is engaged with community members to co-create a vision for productive, meaningful, and inclusive civic conversations This vision supports physical and emotional safety for community members, staff and board and commission members, as well as democracy. For people of all ages identities lived experiences and political perspectives. More about this vision and the projects, community engagement projects can be found on our website, which is Boulder, Colorado, Gov. The following are examples of rules of decorum found in the boulder Revised code and other guidelines that support this vision. These will be upheld. During this meeting

[2:01] all remarks and testimony shall be limited to matters related to city business. No participant shall make threats or use forms of intimidation against any person. obstinity, racial epithets, and other speech and behavior that disrupts or otherwise repeats the ability to conduct the meeting are prohibited. participants are required to sign up, using only to use, sign up to speak, using the name 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 unless you are here for something that's on the agenda and camera, and everyone should have the ability to rename themselves. All right, thank you, Caitlin. continuing on into our agenda today is agenda. Item number one approval of beverage licensing authority minutes for the November sixteenth, 2,022. Hearing these in inadvertently, we're left out of the packet for some reason it did not combine. So we did email this as an agenda exhibit today, and it is available on the Bever's licensing authority materials. Web page.

[3:08] Thank you. Did any Board members have any edits or anything that needed changes to the minutes? I did not. not, seeing any. Is there a motion to approve the minutes so moved. Remember absolute second All in favor, say a member California. Aye. number Absalom High Harvard, Wallace. I number Robert. I never car. I minutes are approved. Thank you. Continuing on with hearing agenda issues from the licensing clerk. there is a notation. That chair call of funnel will need be needing to leave at 5 30 Pm. Today with vice chair car assuming the chair position for the remainder of the hearing

[4:02] agenda. Item number 2 matters from the Boulder police department. We were notified that Officer Denning will be joining us, albeit he will be joining late. You want to come back home. That would be up to the members of the authority. Yeah, I I think we should. Just when he gets here we can move him into whatever in between whatever agenda items we're currently on perfect. Thank you. Agenda. Item number 3 matters from the responsible association of real retailers. The I am not seeing Mr. Dewey with us at this time. I think we can treat that the same as we're doing with Officer Denning. Great. Thank you.

[5:01] Agenda. Item number 4. General public comments for future beverage licensing authority hearings. This is for a time for comments from the general public to comment for items for future beverage licensing authority items. If you are here and would like to make public comment, please use the reactions button to raise your hand. If you are calling in from a cell phone. Please hit Star 9. Do we have any individuals that would like to make public comment? Sure, California, I am not seeing anyone. either. I think we can move on to the next agenda. Item. agenda. Item number 5 show cause hearing concerning an alleged may first 2,022 violation, and whether the beer and wine type, liquor license held by Cafe Nostro limited doing business as cafe solely.

[6:08] 6 37 South Broadway unit are boulder Colorado, 8 0, 3 0, 5 should be suspended or revoked. I see we do have the licensee available. Which individual was that. So? You're great, Are you represented by Council today. It looks like you're on mute. Okay. I am not represented by Council today. Okay, Kristen, Can we get him sworn in? And then i'll read the proceedings into the record. Yes, sooner can I get you to raise your right hand and repeat after me? I state your name. my suitor to both. Do solemnly swear or affirm.

[7:00] do so solemnly swear, or a firm. that the testimony I am about to provide to the beverage licensing authority today to the beverage licensing authority today is true and accurate is true and accurate. Thank you. Did we need to get name and address, or anything? I can definitely do that, Mr. Dubo, Would you please state your name? Spell your name, and give your address for the record? Yes, sutter dubose. It's spelled su t, E. R. D. U. B. Osc. Address is 745 East, South Boulder Road. unit, c. 300 Lewisville, 827 great. Thank you and Mr. Dubo, since you're not represented by Council, I'm. Going to go ahead and read the proceedings into the record.

[8:00] Okay. great. This is a public hearing before the beverage licensing authority of the city of Boulder to determine whether or not the license of cafe nostro doing business as cafe sole with a license of a beer in wine. shall be suspended or revoked on the basis of violations alleged in the order to show cause served upon the licensee, and requiring the licenses present here today. Because this is a disciplinary proceeding, the authority shall not ask for or allow comment from, members of the general public on the guilt of the licensee mit ctl, and or the appropriate discipline to be imposed. The purpose of this hearing is to receive testimony presented by the city, and by the licensee, in order to enable this authority to make findings 100, and to determine by a preponderance of the evidence, whether or not the licensee has violated the various laws, as alleged.

[9:04] If, in the course of the hearing, testimony, or other evidence establishes the guilt of the license, he of a violation of some other law, rule or regulation than those stated in the notice. The license he shall be afforded a reasonable continuance upon any offer that evidence in defense. explanation, and mitigation is not then available to the licensee, but can be obtained within the period of a continuance not exceeded 10 or not to exceed 10 days. A record is being made of these proceedings. All testimony shall be given under oath. The rules of evidence and requirements of proof and procedure shall confirm to the extent practicable practicable to those in civil non-jury cases but when necessary to ascertain facts affecting the substantial rights of the public or of the licensee the authority may receive and consider evidence not admissible under such rules. If such evidence possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs.

[10:04] The rules of privilege required by law be air, shall be respected in this proceeding, and the chair may exclude incompetent and unruly repetitious evidence. The Chair shall roll upon all questions and evidence and procedure subject to being overruled on motion, sustained by a majority vote of those members of the authority present. Should a license you wish to request a fine in lieu of active suspension days, they should notify the authority of this after a penalty is determined, if any. But before suspension posting is discussed and the licensees should be prepared to supply an estimated per day suspension dollar amount for the authorities deliberations. Those who wish, or those who desire to be heard, shall identify themselves by stating their names, spelling their last name, and stating the pertinent address. They shall also be sworn by sworn in by the Board Secretary. is there any conflict of interest or exparte communication from any of the Board members remember California. No

[11:05] number? Absolutely no little Wallace. Now. Member Roberts No. All right. We can move forward on with the stipulation effects. Do we have assigned stipulation effects. Hmm. And yes, we do have a sign simulation of facts in this matter. Great, Thank you. Is there a motion to accept the signed stipulation effect, so moved. I I apologize. Mr. Canifax. Did city licensing receive a stipulation. I'm sorry which I think I might be confused about which case you're talking about. which which matter number is this. This is agenda. Item Number 5. This would be cafe solely.

[12:02] Okay. And no, we do. We do not have a stipulation of facts for cafe, so I I apologize. I was thinking about the next matter. I withdraw my motion. Okay. and member car Where did you have any X-ray communication or conflict of interest with this case? I do not. Okay, Great Thank you. okay. So in this case we can move forward with Mr. Dubose. Mr. Debose, can you let us know what happened in this situation and give us an explanation? Yes, I would be delighted to So 8 days ago. I talked with Kristen Teague about the hearing. I got notice of the hearing, I think, by email this hearing here, and I was actually unaware that it was happening or why it was happening. and as I found out, there had been an email sent to me on November second

[13:01] concerning the issue, but it went into my junk folder, and I actually didn't see it. but it's my responsibility to check the junk folder. But i'm just saying I was unaware of it. And so when I was talking to Ms tig what the issue that brought up this disciplinary hearing, as I understand it, was that there was a record of chain of ownership going back, probably to May Of this year. which actually I was shocked by because I had not sold the business. and it had to do with Christopher reading and silly rabbit. for whatever reason. I have to kind of elaborate a little bit in terms of context. Here I had it an informal agreement with him to take over the general management of cafe solely. and he was interested in buying the business. The idea of that he would actually run it for a period of time he would receive all the revenue, pay all the expenses, and pay all the taxes, and and deal with all of the employment for the management issues

[14:09] which was appealing to me because basically I was as a result of the pandemic. and we lost $76,000. The first part of this year December through February. you know. Either I had to sell it or close it. And so Christopher was interested in buying it. So we we established a preliminary agreement kind of a trial period agreement where he would handle all the functions of the business. and I guess I don't fully understand this, and maybe, Miss T. You can help. But when he filed for a tax identification number it somehow went to Bla and triggered. For some reason a change of ownership, which I did not initiate. nor did I acknowledge or consent to. So I I don't understand that process.

[15:00] Mr. T. Do you want to explain Why, that how that is, or Yes, at the pleasure of the authority. I can fill in the background. City licensing was notified. by the Sales Tax Division upon review of the a monthly renewal list that for the Cafe sole a liquor license that there was a different owner reported for the business license, and in the city of Boulder business licenses are tied directly to the address. Physical location. At that time we started doing a little bit of research. and we're looking at the information that was provided by Christopher Redding doing business as silly rabbit to the sales tax division Along with review reviewing State liquor code requirements as to reported officer and owner changes, we determine. This could potentially be an alleged violation for a failure to report an officer owner change as the

[16:09] change of ownership for that license location through the Sales Tax division to a different new entity and say licensing had no record of a application file through us to add this individual as a part of a managing partnership to this existing liquor license. Therefore we initiated the show cause notice administratively and provided the same timely to Mr. Dubose. He did state that it went unfortunately to his junk mail, and he did not see it. up until just recently we did have a series of communications back and forth, where he did provide additional documentation, all which was included in the beverage licensing authority. Hearing packet, which included items back and forth from him, and Mr. Reading, with silly rabbit

[17:02] operational characteristics, monetary exchanges and things like that. so that is why we are here today. Change a business license with the address. That, but not specifically with the bla and honestly. There was not a change of ownership. and there was not an addition or a change in partnership. Structure. He was an independent Third-party Management Company through silly Rabbit, Llc. To basically manage the business for a period of time, to see. If, in fact, it sale would be appropriate, and we concluded in July or so that you know we didn't want to do it mutually, and so we He remained operating the business to the end of August. At that time he withdrew. I took back with the general management role operational role. and I close the business on December 4. So

[18:00] the question I have for you all is the reason we're here at this meeting. respectfully, is that there was an alleged change of ownership, but there was not actually, and I wasn't notified. I mean, if this happened in May. and I got noticed November. That's a pretty long gap, and it just again really surprised me that there was any kind of implication that ownership had changed because I was unaware of it. It didn't happen, and be I was unaware that the bla had a concern about this. So maybe that's a good point. Here we are, so we need to kind of go forward with. You know what to do. So it if I may, I? I can kind of cut to the quick here. I mean basically, You know, I've had this business for 28 years. It had a just separate club component for 11 or 12 years. I personally have produced 1,400 shows at the Jazz Supper Club, which actually were really

[19:00] pretty awesome. I hope some of you all went to them. And you know the pandemic it. We we lost a lot of money because of the omicron variant in revenue or sales around 40%. Everyone got sick, including myself, with Covid. and I just was beat up by, and that's why I was looking to the possibility of selling it to. Chris reading I also have a heart condition. I have a fib, and it's chronic. I had an ablation a couple years ago, and I was scheduled for the delegation November the 29 which I cancel because of this process. i'm on call to get an inflation coming up as soon as one is available. So kind of a combination of all these factors a we lost a lot of money. be I'm. 66, and i'm just worn out. I don't want to do this anymore. And see, my health is not good, and stress is a real factor for a so what i'd like to What i'd like to request is, i'm done with the business. It's closed.

[20:03] i'm happy to what's the word? Well, I can terminate the license. I can surrender it, or if that's doesn't fit you all's protocols, and you want to revoke it. That's fine with me. Also, I don't know what the ramifications of the 2 options are, but basically i'm done, and I would like to in this process. And however, we can best do that is what I would like to do, and i'm not actually interested at 66 i'm getting back into the business of restaurant ownership. and having a liquor license, or you know i'm done with the business, and i'm moving on. So that's that's where I am with this, and i'm happy to you know, Answer any questions, or have any discussion with you all about the way forward with this there any questions from the Board Member Wallace with. I would just to suggest that with the the acquiescence of the city clerk that we go ahead and accept the surrender of the license

[21:04] if I may. Let's discuss that at deliberation. Well, i'm not. I'm just i'm making a motion, if if necessary than when it has a second that we can discuss it. Yeah, we haven't closed for deliberation, though this is a time for any questions to Mr. Davos from the Board. Does any other Board members have any questions? All right, Mr. De Boe, Did you have anything else that you wanted to say? I think that's kind of the general picture. I mean there a lot of gnarly details along the way, but that's basically, the story again. I'd like to terminate the license. However, you all see that great Thank you. At this time we will close for deliberation. Member Wallace had a motion. Kristen, I think you might. We're going to say something right? in the bla packet Mr. Dubose has provided executed surrender documents.

[22:01] However, per policy and liquor code. We are not able to final process out a surrender until a licensee is clear with the sales tax division. which this business is not at this time. Can I speak to that? please. Okay. So that is correct. And I actually talked with the Alberto, you know, several times in this process. I'm afraid I don't know his last name. with this this sales attacks and we are 3 months behind. and then including November, there will be 4 months behind on sales tax. He and I have worked out a repayment schedule for it. There is a There's an issue regarding August sales tax with Christopher Reading, which we're trying to sort out. Alberto it myself.

[23:02] But there are taxes that are outstanding, and there is an agreement in place to repay them. Can you both, supply a copy of that repayment contract that you have to the licensing clerks? I can. It's an email Exchange. But i'm happy to do so. Yeah, that would be great to have that on the record. remember, Wallace, for you going to say something. I was just going to amend my My motion to include a a final disposition was a sales tax. so the motion would be to accept the surrender of the license upon a submission of the of the approval of the Sales Tax division. Great, thank you. Is there a second number car will second, that great all in favor. Say, aye, Member California, I number absolute. I remember Wallace. I

[24:01] member Roberts. I member car. I all right. Motion passes. So yeah, go ahead. Sorry. I will go ahead and prepare the documentation. that will be coming for both signature by the City attorney's office and to Mr. Debose. tomorrow. Great. Thank you, Mr. Dubose. All right. Well, thank you. Sending off continuing on in our agenda today is the continued show cause concerning an alleged August fifth, 2,022 violation, and whether the retail store lit type, liquor license held by Punjabi to corporation doing business as bailey's, wine and spirits. 4,800 baseline road, unit, E, 101 boulder, Colorado. 8 0, 3 0, 3 should be suspended or revoked.

[25:05] Great. Thank you. And I believe this is Michael. Is it nuances? Is that how you PIN out? No one, sir? Nuance? Mr. No! It's you represented by Council today. No, I'm. I'm a a good friend here's the owner it's Kristian Garcia and I'm. A good friend and business business colleague of hers, and you'll see me a little bit later on on on another matter as well done this many, many times, with many different boards all across the State. So if you will, if I if I may, I I consider myself to be a subject matter expert in the liquor of business throughout the State of Colorado. But that's through my through. That's through my through my lens so great. Thank you. Kristen! Can we get them this morning, and then I will read it. The procedures into the record. Certainly. All right. Ms Garship, may I have you raise your right hand and repeat after me, please.

[26:00] I state your name. I take your name. Thank you. Do solemnly swear or affirm 2 solid. Is i'm sorry? Can you be solemnly confirm that the testimony that the testimony I am about to provide the beverage licensing authority Beverage licensing authority today is true and correct today is to incorrect. Thank you. Can we also get you to please state your name again. Spell your first and last name, and provide your address. Please. First name is Garcian. Last name is Garcia. Address 4,800 Baseline Road. E. 101

[27:01] Colorado boulder. 8 0, 3 0 3. They want your home address. and to spell your spell. Your first name and your license. G. U. R. S. H. A. R. N. Kushan is the first name G. A. R. C. H. A Garcia is the last name. My home address Centennial, Colorado. 8 0, 0, 1, 6. Thank you. Thank you. Can we get Michael sworn in as well, just because I think that he i'm like all this. Thank you all elsewhere, or a firm and or a firm that the testimony i'm about to give the beverage licensing authority that the testimony I'm. About to give the beverage licensing authority

[28:00] today is true and correct. Can you please state your name, spell your name and give your address, please. My address is 7, 6, 5, one Shaper, Parkway, Suite B. 2 Littleton Colorado, 8, 0, 2, 1, 7. Thank you. Great. Thank you. And since you're not represented by Council, I'm. Going to go ahead and read the proceedings into the record. please. New. Hey? This is a public hearing before the beverage licensing authority of the city of Boulder to determine whether or not the license of Punjabi to corporation doing business as Bailey wine and spirits with a Why can't I find this

[29:02] a retail liquor store type of liquor license? Sorry about that shall be suspended or revoked on the basis of the violations alleged in the order to show costs served upon the licensee, and requiring the licensees presence here today. because this is a disciplinary proceedings, the authority shall not ask for or allow comment from members of the general public on the guilt of the licensee, or the appropriate discipline to be imposed. The purpose of this hearing is to receive testimony presented by the city and by the licensee, in order to enable the authority to make findings. and to determine by a preponderance of the evidence, whether or not the licensee has violated the various laws, as alleged. If, in the course of the hearing, testimony, or other evidence establishes the guilt of the licensee of a violation of some other law, rule or regulation, and those stated in the notice, the license she shall be afforded a reasonable continuance upon any offer. That evidence in defense, explanation, and mitigation is not then available to the licensee.

[30:01] but can be obtained within the period of a continuance not to exceed 10 days. A record is being made of these proceedings. All testimony shall be given under oath. The rules of evidence and requirement of proof and procedure shall confirm to the extent practicable to those in civil non-jury cases but when necessary to ascertain facts affecting the substantial rights of the public or of the licensee the authority may receive and consider evidence not admissible under such rules. If such evidence poses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. The rules of privilege required by a law shall be respected in this proceeding, and the chair may exclude incompetent and unduly repetitious evidence. The Chair shall rule upon all questions of evidence and procedure, subject to being overruled on motion sustained by a majority vote of those members of the authority present. Should a license see, wish to request a fine in lieu of active suspension days, they should notify the authority of this after a penalty is determined, if any. But before a suspension posting is discussed and the license he should be prepared to supply an estimated per day suspension dollar amount for the authorities deliberations.

[31:18] Those who desire to be heard shall identify themselves by stating their names, spelling their last name, and stating their per pertinent address. They shall also be sworn in by the Board Secretary. Is there any ex parte communication or conflict of interest from any of the Board members? Member California. No. remember Absalom, no ever. Wallace, no Member Roberts no never card no! All right at this time. Mr. Nuance, are you ready to proceed? I am, sir. Thank you very much. Board members. I appreciate your time, and i'll kind of go over this. This is going to overlap into something else. But I just want to kind of set the stage Miss Garcia.

[32:06] purchase bailey of wine and spirit on February the sixth, 2,020 from the previous owner of Bailey Weine spirits. She sold it this last year on September the seventh, 2,022 to another couple of Mr. And this is a Get Ganette Kane Kadani and they're coming up in a in a in a motion later on. in the in the meantime, on August the fifth, 2,022 at 1011, 10 in the morning a sting operation was conducted at Bailey's wind. The spirits at at that time. I can tell you what exactly what it took place. A cashier did not show up at the for for for work that day. Any driver, a the a driver, a delivery driver for the liquor was standing at the counter at that particular point in time the undercover. I assume it's a an undercover police officer came in underage police of cadet.

[33:08] if you will, came into the the liquor store and asked to be checked out on some some liquor. Well, the driver didn't know what he was doing. The driver actually went behind the counter sold him some liquor, and then a You know that this thing was was shown to to shed light. And can I pause you real quick. I apologize. I'd skipped over a as process of stipulation of facts. Right? We've already. We already have one don't, we we do, and it's signed. So it is there a motion to accept? I believe we already moved and set, already accepted this into the record. Was that Yes, okay, I apologize. Mr. Nuance, please continue so at that point in time. the the. The police officer made himself known that a violation did occur, and a citation was issued. Section 5, 5, 7, 3

[34:04] with Boulder municipal code to John Erickson, who is the delivery driver, the of of of an employee of Mrs. Garcia, I can tell you. On that particular day Mrs. Garcia was non-seen. Her manager was in the back checking in a delivery in the back, and the manager was was present at her direction, and he was busy doing something else again. The the cashier did not show up. The delivery driver went behind the behind the register and tried to check this this person out Mr. Erickson, was cited as I as I as I told you, the store was already under contract to be purchased, so the delivery driver was let go. He I don't know if he plead guilty. I don't. I don't know, Mr. Said at all. I don't know the outcome of his of what took place with his situation. I just know that I represent Ms. Garcia here in this in this situation. But we're not disputing the fact that a violation did occur. What I would like to to provide to the the the

[35:03] boulder liquor authority is that the liquor store has has sold has changed hands, and that Mrs. Garcia. She. She understands the severity of this, and she understands exactly what happened. I can tell you a little bit about Mrs. Garcia. She and her husband, who owns 6 liquor stores in throughout the state of Colorado. She came to America in 1,999 from India at that point in time, and I can tell you this firsthand. I've been friends with friends of the family for a long time. They arrived. She and her husband arrived with 2 suitcases. $40, and one husband. She came with one husband. He came with one wife so, and they're still married to one another. since then they've they've again owned 6 different liquor stores in the State of Colorado gas stations and other small businesses throughout the state of Colorado. They've been stewards of the community. They understand the the the violation. They understand how severe and the impact this could this can take place this, this this would cause anybody. They understand that.

[36:04] I I I i'm asking you if we can forego this. because the the the liquor or i'm sorry the liquor store has sold from party a. 2 party. B, and that's where that's what we're here about. Thank you. Are there any questions from the Board Member Wallace just just as she I I saw in the materials, that it was made clear to her that any violations that the current previous to her taking control would have to be served by her. She understood that correct? Yes, you understand that she understood that that it was her job to find out before she made the purchase the whether or not there were any violations waiting to be if it did adjudicate. No, this Mr. Mr. Wallace, this is the seller, not the buyer. You should the seller not to buy, so we don't have the current licensing in front of us at all. they are here, and I will be speaking on their behalf in. I assume a few minutes, sir.

[37:11] Are there any other questions from any of the Board members? I have quick question, chair, calf on off it's okay, did you say there's another person who's going to be speaking on this particular show? Cause is that question for me? Mrs. I. I i'm a business broker and I I broker probably 600 liquor stores in the State of Colorado, so I will also have a presentation for the for the purchasers. and that's I don't. I didn't know which one was going to be first. Mrs. Garcia came to visit me in my office the the other couple who purchased it, or are there at the store right now, and I can see that they're They're for the next agenda. Item: Yes, okay. What was going to happen first. Oh, no, totally. That's absolutely fine. And just to confirm Ms. Katr is an actually the one that send the stipulation effects. So I just want to make sure.

[38:00] that she like agrees with everything you stated, and just the verbal confirmation would be great. Thank you. Great. Are there any other questions from the board. Yeah, I had a question or a point of clarity. just wondering when we were talking about this last month we were deliberating over whether or not so the person the in front of us right now for the show cost, Hearing this person is selling the license right it. So our our question was any. If I don't see that would be imposed on this license, Would that go through on a transfer? And I think that was some ambiguity that we did not have an answer to, and that's why this got move to this month. So with someone who owns several licenses throughout the state of Colorado. If this person is subject to handling this violation while holding the license that was selling it where it. When we're addressing the show calls. Where does any sort of determination that we make here? Where does that own us fall on the person? This for this person who's selling, or the person who's buying it is my question

[39:10] if if I may speak on that, just just real quickly, Mr. Wallace, if you want to go first. I'll go. I'll go after you. I I was just going to say that in in the subsequent agenda item it, the the for the our purchaser it was made clear to them that they needed to to to check into the previous owners a a a possible violation of any of any ordinances, and that they would personally be held responsible for a violation, if, in fact, one had it occurred previous to their ownership. So, in other words, the the the answer to the question is in the next agenda, I know, and the materials for which were, that Yes, they are responsible for to to serve whatever penalty is, is determined as a result of the previous owners, and they were, they were directed to make sure they understood that before they made the purchase.

[40:01] Thank you, member, Wallace. I just wanted to clarity that's what I thought, and i'm I didn't know it either, until I read that right now. I just that's what I how I read it, and I just wanted to make sure that we're clear on that as we move forward with this current agenda. May I address the board on that? Yes, go ahead. I I can tell you firsthand that there are only 2 municipalities in the State. Who and Mr. Wallace? I'm not arguing with you. You You have an interpretation of the law of of how you see it. There are only 2 municipalities in the State that agree with Mr. Wallace, and that is Denver, and that is Boulder. And right now there is a there is a case before the Colorado Supreme Court that is challenging this with with with the city and county of Denver. what is always taking place in every other municipality that this is taken care of, th this is taking place the previous. In this case Mrs. Garcia would be served a penalty, or whatever that is, and it's it the the panel, the penalty does not carry forward to the new

[41:12] to the new business owner. I i'm not arguing any point. I'm just stating some facts that that are out there. So so it's on record. I just just to be sure I I wasn't making it a a a case for a statement. I was just repeating what I read it's apparently in in our rules and regulations, and that's what I was repeating, I wasn't suggesting anything other than what I had to read. understood, and and again i'm only i'm i'm not trying to cause an argument with anybody on the board. I'm. Just stating the fact that that are out there. And and again, I I think this will, whenever whenever the state of Colorado Supreme Court decides to hear this case. then, then at that point they're going to rule in the one direction or the other. Right? You know. It's gonna it's gonna come out, I would say, within the next few months

[42:07] there any other questions from any Board member not seeing any. All right, Mr. Neil, did you have anything else you wanted to present? No, sir great at this time? We will close for deliberation. is there any discussion on penalty? I don't know I I I guess the question is, do we just want to go with the the chart, Our normal charter a penalty schedule, or do we want to do something different. And I don't know the answer to that question. I mean, I guess the the answer to the question is the amount of mitigating aggregating factors in this particular case. and you know it's such a unique thing with this transfer happening. it kind of changes some of

[43:00] the way that i'm thinking about it. there's obviously, you know we don't have anything in our packet to cover this particular show, cause we see what's happening with the new ownership in terms of their their policies, and some of the things that they're doing So it To me it just seems a little. There's not enough information for me to to really manage any mitigating aging factors for this particular license that is now attempted to be transferred. We could do a final loo of we could. it's also kind of I agree with you. Member Absalom, that's kind of like we. It almost should be one. It should have been one agenda item. But I I get why we can't do that, but it's like you need information from one for the other, and vice versa. So I do agree with you on that. I think we could start with the table value as a baseline, and decrease or increase it, go from there. So table value for this. Let me see if I can find that if anybody has it.

[44:02] it is yeah. I have it here per liquor store. It's going to be 9 days when 3 days served. Is that right? So it's one count of sale to a minor right. and it's a liquor store. our premise license. so that'd be 3 days served and 6 in advance for one account right. That's the table value. So let's start with that. Do we want to? Oh, go ahead! Oh, excuse me that sorry sure, California, I I would say I would make a motion to go off of the table value. Given the lack of mitigating everything factors, I don't we don't have any other real evidence other than what we can see in the affidavit. there's obviously the violation. There's a table value. That would be where i'm leaning. I would say we could do the table value, and then, if if in fact, the license he was was was willing to consider it, you find a new of, we could consider that after, because we have to consider the fine and look after we first set the penalty.

[45:09] I don't know whether they're prepared or not to date with the numbers necessary to to come forward. which they're required to be for us to consider. So. That's a tough one. I don't. I, As I said, we can't really do anything if it's not a a a a service. We've done a half a day before. But I I i'm i'm puzzled. What are you suggesting Mike I'm. Suggesting, we go up to table value. and I agree with what what you're getting at there, Steve, is that essentially with this license transferring fine, and Lua would potentially make more sense for the the person who's selling this license. because. as for

[46:00] and you know, like you said, and you know those, you know those are things that are happening. We have to go over our rules like you, said Steve, and what is written for us and our rules is that this, whatever whatever we come to here, will over to the person who's buying this or taking their place in. So my suggestion would be just to go off the table value of one count with a lack of evidence in any other direction in mitigation. We're aggravating factors. I I don't there's no other. I don't have any other way to measure this other than what we have in front of us. I agree. So I I if that's a motion i'll second. Could we hear the motion again, please? So I will make a motion here, and maybe you can help me to say this correctly. But So this show costs hearing the motion would be for the licensing and question to sir. Have 3 days served in 6 days in a band as listed by the Bla rules for one kind of sales to a minor

[47:05] second. All right, all in favor, say Aye, member California, aye. or absolute. I sorry. Emma Roberts, I and I I think we may have lost Member Carr. I see it. Okay, so motion passes for table value. Steve, did you want to? Well, Mr. Hernandez is actually Kristen is who's responsible for this fee? Fine at this point? that's a good question. We do a fine, and Lou of who will be responsible for paying so Council, which can help clarify on this a little bit further. however, I would believe that it would be the license that had the violation at the yeah, because it happened when the license he had the but had the ownership of the

[48:05] license, and they would be their responsibility to pay. Then I I would say that if if the the as if You are aware that that, in fact, if this this closure of of service, or for this new, the new ownership would take place for 3 days absent. However, you have the opportunity to pay a fine in lieu of and and make that go away. I think that would be the most appropriate. I I this is me speaking on on you just in a human sense it doesn't make sense to penalize the person receiving the license for something that took place under Mrs. Mrs. Garches. watch it. It just doesn't make sense. It. It's not, and it's not right. I I here, and and we can actually make the transfer conditional on your having paid the license with when it comes up. I would I would ask Mr. Wallace, I would ask that the the sale has been, you know, has taken place. I would ask that we be as lenient as we can towards Mrs. Gorgeous, so she can. She can take care of that. and we can probably take care of that today. We could put a mail a check in the meal today if we had to. Do you know the amount?

[49:18] in order to, in order to do that, we have a document that we with instructions and the request for records that we send out when requesting the materials and items we need in order to calculate out the fine and loop. so that would be forthcoming from our office, and we could set, and there is a deadline for and it's been a while since we've done one of those that there is a deadline for once we send them that letter that they have to turn in the required books and records for that, and then we calculate out the fine. And then there's a deadline for them in order to have that paid by certified funds.

[50:01] You got it all, Matthew. I did. Okay, are you make? Is that your motion for a fine? And loo at this point? No, I I. He needs to. They need to request it. We formally request a fine in lieu of suspension or closure of the the the license then, and Kristen, if you could send them the information necessary for them to determine for us to determine how much the final will be. and then I will proceed from there. Okay, and historically, the fine has been calculated out by license staff members and sent out however. we'll take board direction at that point. Would we hear it next hearing? We could provide that information in the next Bla hearing packet for your record? Yes. and counsel, Where are we able to make a motion for that now without that information.

[51:00] And then just hear the information at the next hearing. Yeah, I think so. It's. Traditionally it's done by the staff, so you wouldn't normally need to be involved. But if you want to hear the information next meeting, you could ask the staff to do that. I wouldn't need to be a motion. You could just direct the staff to bring back that information. What's the rest of the board? Think. Good idea! I'm gonna to. That's why I thought it was a good great, so it's a good one, Steve. If we could just have that in the next months packet. That'd be great. Okay. So is there a motion to accept the finally so moved Number absolute? Second. all in favor, say, Aye, member California. Aye. number absolute. I remember Wallace, I remember Roberts I all right. Fine, and Lou has been accepted. That will be determined by city staff. I think we're good at this point. Thank you. Thank you very much.

[52:02] Thank you. Continuing on in today's agenda is agenda. Item number 7. Hearing in consideration of an application filed on September seventh, 2,022 from Gk. Llc. Doing business as bailey's, wine, and spirits, 4,800 baseline road unit E. 101 boulder, Colorado, 8 0, 3 0, 3 Ganette Caddane managing member, and with no additional ownership over 10% with a business mailing address of 1, 3, 3, 4, 3 Wild Basin way, Broomfield, Colorado, for the transfer of a retail store type. Liquor license great. And Mr. Nuance Are you representing your clients today? Are they present with us? Yes, sir, I am. But they are not present with us.

[53:00] Janet, Can you test what can you guys show your turn on your your video and turn on your microphone, please. They I I saw him earlier. I know they're here. It's still right there under Bailey's. They're the Bailey's. Okay. yes. And they were here. They were sitting. The husband and wife were sitting together. There they are great. And are you represented by Council today. No. Michael. by me. They're represented by me. Okay. But I am not an attorney, nor do I play one on telephone. Okay, great let's get you sworn in, and your clients sworn in, and then i'll read the procedures into the record Mr. Noon, as you were sworn in before. Do you continue to swear or affirm that the testimony you are about to give the beverage licensing authority this afternoon on this specific agenda? Item: true, correct, I absolutely do him. Thank you.

[54:01] Wonderful. Thank you, and for our licensee, and I apologize. If I am doing a mispronunciation, please correct me. May I see Ganette kiddain. Raise your hand, Gnet. There you go. Thank you. Can I get you to please? raise your right hand? Thank you. Repeat after me, I state your name. I do solemnly swear that the testimony I am about to provide the beverage licensing authority to the beverage licensing authority is true and correct through and correct. Thank you. Can I also get you to state your name, spell your last name and provide your address for the record spell G. H. E, N. And Vt.

[55:00] Last name K. I am E. Address 1, 3, 3, 4, 3. While facing way. Bronfield, Colorado, a 0, 0, 2 0. Thank you. And we'll Your husband, I believe it is. Will he be providing in a testimony today? No. no. okay. I will note for the authority that there was a secondary ihr provided today as an agenda agenda exhibit this is for a individual as part of the license. but less than 10% ownership, but because of their title per state liquor code, they're required to turn in an ihr. There were no findings, however, as far as any records, there were no criminal findings found great. Thank you, Kristen. All right, since you're not represented by Council, I'm going to go ahead and read the proceedings into the record.

[56:02] This is a public hearing before the beverage license authority of the city of Boulder to determine whether or not the application of Ailey's wine there. I'm sorry. Gk: Llc. Doing business as bailey's, wine and spirits for a transfer of a retail liquor store type license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado, and the rules of the beverages licensing authority of the city of Boulder. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their names, spelling their last name. and stating their pertinent address, they shall also be sworn in by the Board Secretary. Is there any conflict of interest from any of the Board members or ex parte communication Member California. No

[57:00] number Absalom No. Remember, Wallace, no Member Roberts now. All right. Mr. Nuance, are you ready to proceed already. Please proceed. Okay. Well, good evening or good afternoon, Ladies and gentlemen of the of the Board. I want to introduce you to Kenneth Kadani Gnet Kadani is 65 years old. She came to the United States in 1,983 from Eritrea. She became a citizen on 111 of 1,991 in the Colorado District Court. she has advanced degrees as a pharmacist. I believe she's got a doctorate in in pharmacy. I I could be wrong on that. But we'll we'll we'll hear from her in a minute. she's here on behalf of her company, which is G. L. And C. Doing business as Bailey winding spirits to to request a a transfer hearing from the liquor license from the the previous owners to her. she and her husband have been married many many years. They have several kids, several children

[58:03] she's a 95% owner. And Miss Miss Tig explained that earlier She has been a pharmacy here in pharmacy since 1,991, and she's lived in Broomfield since September. 2,006 She has own 2 liquor stores in the past. one was in Littleton, known as Luton Discount liquor. She owned that from 1,999 to 2,002, and then she also in one in Brighton Colorado, which was called East bridge liquors, flickers. That was from 2,003 to 2,000 2,015 She now owns the the liquor store and question, which is Bailey weine spirit 41, 4,166 square feet. It is operated Monday through Thursday, 9, 30 in the morning till 1030 at night. with hours of Friday and Saturday at 9, 30 to 11, and then Sunday, 10 o'clock to 9 Pm. The businesses ran by her family. It's she and her husband, along with their children, plus 2 additional employees that run it. all of the employees, including everybody in the family, is our tip certified.

[59:08] and they were given a a stores written Al alcohol policy from our company, and they abide by that. All of the employees sign that, their alcohol policy, and they understand the consequences of serving to a minor the consequences of of Sorry to somebody intoxicated with that, we've had several discussions, and they know this from owning previous liquor stores the 5 types of ids that they can. They can except as as a real Id and those 5 are any any State Id any, you know, any of the 50 State issued Ids or any of the 50 State drivers license any any. You let me have them right here. Military identification card, ailing registration card, a passport, and a valid consular card from a con born country. They have this on their on their employment letter, and they know what this looks like.

[60:04] They also know not to serve to anybody who is visually in intoxicated, and that's anybody who who has slurred or loud speech spill between the League lips. Order of alcoholic beverage upon their breath, repeatedly asking the same question. fumbling for items such as a cigarette. Poor eye contract I, for I contract I contact poor border function, since you're walking, standing right with a hat hand or anybody who's just damn drunk. We all know what it looks like. Okay, so they they understand that. they your pos has a a digital, Id scanner that will scan the ids and let them know whether or not it's valid. or at least in in that system it may be valid. It doesn't mean that that's an absolute, but that's just a tool that they use, but also their common sense and their tip. Certification is something that they they understand, and they'll rely upon to to to serve the the citizens of Boulder County or in Boulder City. There, for that matter.

[61:02] Their inventory breakdown is 9% beer with 46% liquor, 44% wine and 1% other and that can be mixers or chips or soda anything like that. With that we would like to open any questions from the Board to either myself or Miss Kanani, and we would be happy to answer any questions. Great, Thank you. There. Any questions from any of the Board members? Member Wallace. I just wanted to ask. Do you have it? I I was noticing. Is am I wrong with there's only one tip certified person in this location. I maybe you haven't received it. But I talked to Mr. Mrs. Kadani yesterday, and all of everybody was was Tip certified there. So I i'm not sure we're all certified. Yes. city licensing can confirm that that is correct, and that we did receive those

[62:00] another question for you. Do you have any procedures that we could plan or plan any procedures for prohibiting sales to at-risk community in boulder. i. E. people who clearly struggling with alcohol and and and living on the streets. Oh. my protection is a pharmacist and a some pharmacist. I know how people re-app if they have any of those problems like the other day, I have to turn down the person that was intoxicated, because I know I sold him all the liquor and stuff in the morning, and he came like by 8 o'clock. and I could see he was all red and stumbling, and he was asking me questions, so I denied him. And I know. I know how to get the ha how to ask questions, to to let them know

[63:01] how they feel and stuff like that. So I know what i'm doing. So I will be a a responsible person. Have you been able to put together procedures or training for for the people who work for you will also be selling the alcohol so that they'll be able to do as you have jumped. As you just explain definitely. Yeah. it's a. It's a you. You're You're a large operation, and it's a It's a it's it's a responsibility that that it's been thrust upon you as a result of where we are today. I know, and and they all know. And then we went through the training and all that, and i'm there all the time. So i'm pretty sure we're gonna do a good job. I have no reason not to believe you. You mind if I ask you a quick question. Can you please just confirm verbally for the record that you agree with everything that Mr. Nuance said, just to make sure that we have it verbally on the record, since he's not an attorney. I just want to make sure that we

[64:04] I I agree with everything. Mr. You, too. all right. Great any other questions from the Board. I had one other question. so it's kind of how you You know you've you've had like a source in Brighton and little 10. But you're communities that are unlike Boulder The location that you have now. or trying to get the license for is known for under a service, and as proof that there has been a failed. compliance check there you have here that you are going to be using you know all vertical. Ids like. I'm looking at your policy, which looks very good. I just want you to understand that when it comes to this community that location specifically is known by college kids to go and use ids.

[65:02] So what other ways are you looking to check? Ids other than what i'm seeing in here? I'm seeing bring up the sale. You will not accept any vertical Id is that true? That's correct. Yeah, I about it. You will not accept any vertical ids from any state with the we'd have to look at this. This the the booklet I I know Colorado is. The underage is is vertical. I do not know about other states. We'd have to look into that. I'm not saying that you're legally required to do so. It's just a policy issue when you have come to an at risk place. Legally. you just need to make sure that the person is 21 years of age. so what i'm saying to you is that just respecting the onus that you're taking on with this particular location, and being aware of underage service in that particular space is really important to our community. When you come from a place like Brett and Littleton, you're dealing with a completely different set of of customers coming in.

[66:01] most of whom are students and young. so. And I have doesn't have a confidence given your, you know, background and training. Make sure that everyone's trained and just putting it, you know, really on your radar to be very, very diligent about about how you card people and and you people underage. that's a really big thing in our community. I just want to make sure you're clear on that. It's a big responsibility being here in this college town. Thank you for that, Mr. Epsilon. I I will tell you. We have discussed this at at Nauseam, especially with what took place prior to They understand this, and obviously, you know they they they are witnessing. They They were here the whole time, you know. They they listen, They just weren't on on the television. But they witnessed and heard what took place prior to and and I mean I I don't think I don't think a better example for them could be shown other than what we've already experienced a lot this afternoon. I I don't have any other questions, thank you. And to Member Epsilon's Point. I want to say, it's California or

[67:03] Arizona. One of them does have a vertical Id that you can still use it once you're over 21, so they do exist. Just so they do, and they actually in the state of Colorado. I believe there's a 15 day period of your turn 21 that you still have a valid Colorado, Id that you can be served, and you're up. However, however, the the the the, the, the the retailer, has, the has the ability to, to, not to make the determined not to accept. Correct. That was my point. I was trying to make. Yeah, and that's in their policy. It's addressed in their policy right now. I was gonna just say to if I can. given your size. I would expect that you would be a very active member, and they're responsible. He retail organization. Okay, we will. because you the previous previous own previous owners, 2 2 owners ago, which had a stellar record of of of of ownership for for years. if not decades. we're we're we're active members in in in the previous iteration in

[68:13] and i'm hoping that you will, you will be as well given your size. Thanks. All right. Great Any other questions from the Board. Anything any All right, Mr. Nuance. Did you have anything else you wanted to present? I do not thank you very much for the time today. All right great. We will close for deliberation. Is there a motion to approve this transfer member? California will move to approve Number Carl Second. All in favor. Say I remember California. I number absolutely the wallet. Sorry Member Roberts. I

[69:00] I transfer has been approved. Thank you very much, Mr. Nuance. Thank you very much. I I appreciate you guys, and I I assume I will see you next month. See, officer, tending is here. Yes. I was going to note that for the authority if they would be interested in hearing his agenda. Item. That would be a great segue for him. Do we need to stay put, or we or we're clear. Right? Thanks. Thank you. Guys take care. Circling back into our agenda, returning to agenda. Item number 2 matters from the Boulder Police Department Officer Denny

[70:02] Officer Dennik, are you available there? Maybe he's stepped away. let's come back to him after the next agenda Item. Certainly moving on in our agenda is the following item. agenda. Item number 8, public hearing and consideration of an application filed on September thirtieth 2,022 from Sb Wines Llc. Doing business as for soda wine. 2299 Pearl Street unit, 6 boulder, Colorado, 8 0, 3 0, 2; Sarah Barnes owner and managing member with the business mailing address of 48, 71 Broadway Street apartment, 212 boulder Colorado, 8 0, 3 0, 4

[71:00] for a new retail liquor store type, license. Great. Thank you. And Looks like we have 3 people here today, Sarah Carroll and Justin. Justin, Are you acting as Council Great? So we're gonna get you sworn in first, and then we'll start with the reading of the proceedings. Kristen. Okay. with the attorneys. We just have them record. Their he is an attorney, so we can just have him record his presence. Mr. Conrad. yes, Justin Conrad, from Hutchinson, Black and cook in Boulder appearing on behalf of the applicant. Sb: Ones and your license number, if you please. Perfect. Thank you so much. Hello, Sarah! Hi! Can I get you to raise your right hand and repeat after me, please. I state your name. Hi, Sarah Barnes, to solemnly swear a firm solemnly square, or a firm.

[72:02] But the testimony i'm about to provide that the testimony I'm. About to provide the beverage licensing authority. The beverage licensing authority is true and complete. It's true and complete. Thank you can I get you also to state your name, Spell your last name and provide your mailing address, please. Thank you. And can you also swear or affirm that the premises was posted for the legal 10 day posting requirement. Thank you. Hello, Ms. Johnson. Good afternoon. May I get you to raise your right hand and repeat after me, please. I state your name. Hi Carol Johnson, to solemnly swear a firm. You saw my swear in a firm that the testimony I am about to provide. It's a testimony I'm. About to provide the beverage licensing authority.

[73:01] Well, every licensing authority is true and correct. It's true and correct. Thank you all right. And since you're represented by Council, i'd ask if you'd be willing to wait the reading of the proceedings into the record. Yes. Mr. Congat. Yes. great, Thank you. And is there any ex-party community location or conflict of interest from any of the Board members? Remember California? No. no. Member Roberts now? Never card. No. Did we lose Steve. Okay. we can still proceed with the quorum. Mr. Conrad, you me proceed.

[74:02] Thank you so much very happy to be here this evening. we're here to i'm here on behalf of Sd. Wines I will see doing businesses persona lines. and we're here on behalf of of of the company to request issuance of a retail sales license to open a small business selling retail wine, craft, beer, and a small curated selection of spirits at 2,299 pearl this is on pearl a couple of blocks west of Berlin. Folsom. Sarah Barnes is the founder and the sole owner, and she's going to be responsible for the business. this will be her first experience owning a retail liquor store. but Sorry does have extensive experience with alcohol service in the hospitality industry as a restaurant manager, a bartender and a server for 15 years in New York City. She She started out here in Boulder, and then moved to New York and recently relocated back to Boulder She's been working a tangerine restaurant in North Boulder since she returned earlier this year.

[75:05] I've had the privilege of working with her. She developed the idea for the business scattered locations. We we went through the process of leasing and looking for neighborhoods that would benefit from what she had in mind for a new, a new retail store. So my experience with Sarah has been. She has been very diligent. She asks the right questions. She wants to understand everything. She clearly has experience with with service. and she, under client, understands clearly the responsibilities that she's gonna have as the owner of a retail license business and going through the process. I think the survey evidence is going to show pretty clearly that the relevant neighborhood both needs and desires. what this would bring to the community. No other business in the area offers what they'll bring, which is an approachable selection of of lines, and and especially craft beers along with

[76:00] her personally curated selection of spirits. spoiler alert. The the survey did yield 96% support from the neighborhood residents and businesses. which I think does demonstrate pretty strong support. so with that I will. I'll introduce Miss Barnes and go ahead and ask her a few questions. if that's okay with the board. Yes. real quick chair California. I do see that member car did return. However, we did not record a response as to exportate communication. I believe that was member. Wallace. Oh, I apologize. I I have. I have no ex-party communication or a conflict of interest. I do have a condo within relatively close distance of the location, but I feel like I'm render a decision on this. Separate that. Thank you. Member Wallace. yes, Mr. Conrad, you may proceed with your client. Great. Thank you. Sarah! Can you go ahead and state your full name once again?

[77:03] Yes, Sarah Barnes and your home address 48, 71 Broadway Street apartment, 2, 1, 2 boulder Colorado, 8 0, 3, 0, 4 great! And what's what's your role? Gonna be with with persona. Well, I am the owner, and it will be my first time. I don't need a business like this before. But, yeah, sole owner of this retail liquor store, but mostly focusing on just why craft beer and a small, selected, curated selection of of liquor. and on a day to day basis will you be in the store managing? Sure? so as you mentioned, this is your first time owning up a a retail store. What can you tell us a little about your previous experience with alcohol sales. Yeah. So I've been in hospitality for probably a little over 15 years. At this point started off in high school serving and posting. I actually worked at the Dark Horse here in Boulder during college, and then I moved to New York.

[78:12] and that's when I started becoming more of a management position for bars and restaurants. 2 in particular Berlin and Little Canal and New York City, and then gained a lot of experience out there really enjoyed it, and decided I wanted to go back to Boulder and start something for myself. Great and so what you're starting here. Percent of lines tell us a little about what you are, you know, planning for what you envision the size of the store. You know your our powers of operation, your typical customer. You're going to be targeting that sort of thing. Great for the community. I want it to be small scale. It's not gonna be your general liquor store run of the mill. Anything like that? It's not gonna

[79:00] be focused on college students whatsoever. My focus is on wine. That's what I've been learning about and training for for years. so it's about a 960 square foot space curated, and a small selection of lines, spirits, craft, beers, and really my target clients would be like neighborhood locals. You know, professionals just anybody in the neighborhood who have an interest in wine as well. Great and Have you become familiar with the requirements of the Colorado beer code and the like? The rules? Well, I am surrounding myself with professionals who are advising me in this new path that I'm taking as well. and tell us about how your employees, I assume you are going to have some employees other than you. You won't literally be there 24 h a day. No, I will eventually have employees. Yes, and and tell us a little about how you're planning to train them and handling and selling your products. And and what happens if they?

[80:06] Yeah, sure. So everybody will need to be tips certified within 14 days of the higher date. I myself and Marty Tip certified for on premise and off-premise and then I've also talked to Nathan Dewey from the AR, and I've joined that membership. So all of those classes for fake Id training and whatnot i'll be doing with him. And then just your general Id checking Will, will. Id every single person, no matter what, no exceptions, and also obviously not selling to anybody that's physically intoxicated and just trying to comply with, and we'll be complying with what the standards are in the boulder community. Great part of this procedure Here One of the things that that you need to show is that the persona lines would serve the needs and desires of the neighborhood. tell tell us a little about why you think this is a good spot for the for the shop.

[81:05] Well, I wanted this location specifically, because I like the that neighborhood. I don't think that there's a lot of retail wine shops or liquor stores specifically in that space. There's a lot of residencies, and I think that supporting small local businesses in general within the boulder community. People want to participate in that, and I want to be a part of it. Great And who do you use to? perform your your Oh, I I use liquor pros. I was in contact with Sylvia the whole entire time. Okay, and and I understand Carol Johnson is here to speak on behalf of the the survey. So. But I guess before we get into that like to offer if the Board would like to ask any questions of of of Sarah. Are there any questions for Sarah from the Board?

[82:04] One question I guess I have is i'm sorry. Is It looks to me like it's something similar to the West Pearl Liquor store is that is that something you you you you're thinking about. There's West End there's the Western wine shop. Yeah. there's that. And yeah. Then there's well. There's also done a list here. Oh, okay, but that, but that's similar to what you're looking to. sort of the Western wine shop is much farther away from me. I think that's closer to like. Okay, thanks. It's all I and and and understanding to the importance of of of of protecting the at risk community from the the sale of alcohol which you were doing. Oh, absolutely! That's why I'm already been in contact with Nathan. And we're working on all of the all of that

[83:04] and all those procedures. Thanks. Thank you. Hi. My name is Paul Struziero. Is this the time for public comments? Not yet, Mr. Please. we will announce that All righty any other questions from any board members. All right, not seeing any Mr. Conrad, you may proceed great. Well, let's get let's get Carol Johnson up to talk about the the neighborhood survey. Yes, good afternoon. Great it's nice to meet you face to face. so can you describe what what your business does Certainly. Liquor licensing professionals prepares the petitions for liquor licenses and marijuana licenses. We also do the the license the tips training as well. and we were hired to do this particular petition.

[84:09] Great Can you describe how you the process of circulating the petitions and and what the results were. Certainly, we are a neutral petitioning company. We do not guarantee the results. We try to start the closest areas for businesses and residents, and work our way out. We had 2 surveyors work on this job, and we were 3 sequential days, December sixthenth, and eighth From those days we made attempts at 96 businesses, and 410 residents for a total of 506 attempts. From that we obtained 101 signatures, 97 in support, and for an opposition the breakdown for that was 44 business signed in support into an opposition. and 53 residents signed and support, and to an opposition. The reason stated for the opposition one made no reason. Excuse me 2 gave no reason. One considered it the conflict of interest, and one was concerned about the location.

[85:10] There were 34 who declined to sign 15 too busy 11 who do not sign petitions or surveys 7 not in one, with no reason. There were 25 who were not qualified 12 of those were businesses that did not have an owner or manager presence. 10 were under 21, and 3 were not res. If you consider the 2 reasons that may be considered invalid, or you know or irrelevant. I'm sorry. Can't talk today for needs and desires that would actually bring the survey up to 97 in support for 98 and to an opposition for 2% or total of 99 signatures. and i'd be more glad to answer any questions. You have. Great thanks so much that does the Board have any questions they'd like to ask

[86:01] any questions. not seeing any All right. Mr. Conner, you may proceed that's that's it from our from our end. So you can. We can move to the next item. Great counsel would would now be a good time for Mr. Struzio. Yeah, I think normally, we ask for public comment at the very beginning of each of them. But that's, I think, in this, and since we could open it up to to Mr. If you would like. and then pop the board, comment back on, or ask any questions or anything, if you want. If you would like to present any items you may have for this agenda. Item. Okay, and thank you. It's true. The arrow. It's. It's it's definitely a tongue twist there I am a resident, and I actually live almost across the street. I'm at the corner of twenty-threerd, and the entrance into Widia square I own a condominium there, and and I did sign the petition that so that i'm part of that 96% support my only question to the and i'm not sure if this is more of a zoning or a or a boulder. Police issue is.

[87:10] you know, with liquor stores you you always at some point in time attract the wrong element, and in this case I just want to be sure that you know we have steps in place to. if if you know there is any increase, can I just interject here and ask that Kristen have them sworn in? Thank you. I was trying to jump in. Sorry I thought it was a public comment, but you're actually a party at interest. So yeah, we'll have you sort of. I didn't want to cut it off to, but I needed to jump in. so Mr. Can I get you to please state your name? Spell your last name, and give us your physical address to be able to determine Your location in response to this proposed premises

[88:01] to determine as a party of interest. It's Paul Shrews. The arrow. Last name is S. T. Are you Double Z, i. E. R. O. And my address is 2,200 and 80 Spru Street apartment b boulder. 800. 302. Okay. In looking at a diagram, I am determining that you are within the neighborhood boundaries as a person of interest. Can I get you to? please repeat after me. I should state your name I call. Do you swear that the comments. I'm. Going to be making that the comments I am going to be making to the beverage licensing authority to the beverage licensing authority are true and correct. I truly correct. Thank you. Okay. I also should mention at this time, too. I'm. Also on the board of Directors for the

[89:04] Where do you square Homeowners Association. but I am speaking on behalf personally, not on behalf of the Board. So, as I mentioned, my only concern is that you know, in in some instances, and and I grew up in the city up in Boston, where there's liquor stores, there's typically an increase in crime. So I just wanted to be sure of of a couple of things that that you know, we have some some form of procedure in place that if if there is an increase in crime that we we have access to more police and patrols the other element, and I, unfortunately I just had an experience where a homeless person broke into my garage and and stole a bike. But, you know, I just want to make sure that that does not increase the instances of homeless people in this neighborhood, because. where Mrs. Barnes is putting her liquor stores, you know it's right next to the scratch kitchen, but it's also in in the middle of a neighborhood on on both sides. So I you know that's my concern.

[90:13] Yeah. Do you have the opportunity to respond? Or is this a question to the border? yeah, go ahead, please, respond Mr. Conrad. Make clear that I think what Miss Barnes is is proposing here. It's not a it's not of Austin packy it's a it's a you know, like the West End wine shop. I think it's a little bit of kind of a hiring facility. I I would not imagine that this kind of place is gonna attract a lot of crime or any of that sort of thing. the experience, I think, if these sorts of wine shops in boulder like West End wine shop, or or the one in north, the boulder.

[91:01] i'm like you on the name, but I think those kind of places it's not a it's not a shop that you know sells cheap vodka and that sort of thing. So I I think the concern might be more valid for a certain type of liquor store, and that's that's not really what we're talking about here. I also think that it's obviously we can't really comment on what police she knows how to to to run a good business, and and intend to try to keep it. Sort of a high end facility. All right, thank you, Mr. Conrad. Steve question for for Mr. Shuziro. i'm Equally as distant to the location as you are. Do you have any problems with the previous or retail licrous, or that was there before.

[92:02] Yes, you know I almost have to plead a little bit ignorant on that, because we had. But we purchased this place several years ago, but the first 2 years we rented it. We're now doing, occupying it. We don't rent it anymore. So I personally did not have any experience by. I remember the liquor store that was there, but I never had any experience, because I wasn't living on premise. because this one looks to me to be like it's but less of a liquor store, more of a beer and wine store so, and and I don't recall any any. Well, there. Actually, there were some issues with with with the previous license, but it had less had more to do with their operation than they had to do with problems brought about into the neighborhood. So, I just wondered if you had any experience. Clearly, you know I didn't, and like I said, I did find the the the permission waiver. I I have no issue with it. I'm a fine wine drinking myself. I just want to be sure that

[93:00] if a situation occurs that we have steps in place to to handle it. and I and i'd ask the license even before if she was prepared to address the issue with regards to the At-risk community. And I think that's who you're speaking of when you when you're talking about the concentration of people who come close, and they do live it. They actually live immediately in the burned out building behind me. And and that's a a problem altogether. They actually taken the ladder and climbed up over my neighbors a a. A. To to get at their bikes. And so it's a it's a problem. I I I personally think that this license a applicant, is going to be able to protect us. it's best that she can. And it it it I just wanted that's all I had. But, you, you you know I miss Miss Burns, you. You're hearing now that it's someone else besides

[94:03] it, is it? It's a it's a concern in the neighborhood, anyway. Yeah. And I think you're You're You're well. yes, absolutely alright. Great. Well, thank you, Mr. Shoes area for your comments. Mr. Conrad, did you have any other items you wanted to present? just a quick, final summary. I I think the applications in order. I think Sarah is a person. Obviously I I find obvious of of great character and and with her experience, I think she's going to do really good job with this. and and you know I love the idea of supporting a new small business is not a chain. It's not, you know she doesn't have 20 other locations. This is this is her dream to operate this and her baby is she said so. and and I think it's pretty clear that the neighborhood does does desire it. You know the the issues we discussed not withstanding, so I would strongly support the issuance of this

[95:00] that license, and I thank you for your time and consideration great. Thank you. This point we'll close for deliberation. Is there any discussion, any motions? I'm. I'm. Ready to make a motion right now. But I also would have everyone bear in mind that this Barness was working at a restaurant in the lower east side of Manhattan. I used to live in that neighborhood. I think that she would be pretty well equipped to deal with some of of the type of people we deal with here in Boulder, so I would make a a motion to approve this new off from its license. Supercar will second that great all in favor. Say I remember California. Why. number epsilon I over Wall, as I member Robert, I member car I I also see she used to live near the little little cream. You gotta bring some Leo's babies back next time I'm actually going back in a couple of weeks. I'll bring some bagels for you guys.

[96:04] Great? Well, thank you. Mr. Conrad and Miss Barnes license approved. Thank you so much. Thanks so much. Really appreciate it. All right. Would we like to try for agenda? Item number 2 again. You got to wake up so again. Certainly i'll call it again. Agenda. Item number 2 matters from the Boulder Police Department Officer Denning. Good afternoon. My video and my laptop at home is not working, so i'll be off. Video. Apologize for being delayed today. I don't know about where you're at. But here it's period. The temperature just dropped about 35 degrees

[97:01] in a couple of minutes. so it's coming. Officer Danic, My lights are starting to flicker, so the wind Gusts picked up our patio furniture blue off patio and it was a painful trip out in the cold. But anyway. I don't have anything. I I I i'm assuming that our the Retreat date is still holding in January 11 And I have a list of things to discuss for the retreat. And that's about it. I i'm starting to wrap up my year in stats Fortunately we're took in about 400 almost 500 less

[98:02] fake ids this year versus 2,021 so, although it's still a very active year for that. we we're trying to get some other compliance checks scheduled. we've had been having some issues with scheduling and trying to get availability. of course, around this time of year is always tough, anyway. But and I I don't know some of you probably remember. But I We kind of teamwork this between me and Officer Jinnac, the marijuana option. But we're also tasked with enforcement of the tobacco. real so

[99:00] had to finish spend a fair amount of time on some of those issues. And so that that is also part of our duties. we, we. We try to teamwork those a little bit as they come up. and lately they've been kind of more, somewhat more of a focus for our clients checks based on time and availability and unlimited operatives. So anyway, Does anybody have anything for me? Doesn't look like we have any questions from the board. But thank you, Officer Dennis, and thanks again for all you do. So we're the January eleventh is still the date for retreat right? Okay. And I guess I can wait on a confirmation for a location. I don't know if you guys have it yet. But i'm sure Kristen will get that out to me.

[100:01] as we know. So that down the hatches, sir. Yeah, yeah, it's going to be an interesting next 24, 30 30 h or so. they're saying this is a generational event. So which which generation Steve, you're safe, don't we your I'm. Sure You've seen this before. I've seen it. I've seen the 40 below. Oh. where Fahrenheit meets. Celsius. Yeah, that's the Arctic weather. We're making obviously we're making preparations. We, we will probably have people that need our assistance. And that need to get in out of the cold. And so, you know, making preparations for shelters things like that that's been going on all day. So thanks for everything you do for us. All right, you guys, i'll! I'll hang around and hope everybody. This seems to have a Merry Christmas

[101:07] all right, Resuming our agenda items is agenda. Item number 9. Public hearing and consideration of an application filed on October fourth, 2,022 from creature comforts, Llc. Doing business as creature, comforts, 1,647; Pearl Street unit, 2 boulder, colorado, 8, 0, 3, 0, 2, just lou as owner, with a business mailing address of 565 timberlain, boulder, Colorado, 800 300 304 for a new beer and wine type. Liquor license. Thank you. Kristen. Miss Lee, will you be represented by Council today, or will any other members here be giving any testimony? No, I think i'm the last one standing all right, so we'll get you sworn in, and then i'll read the proceedings into the record.

[102:03] I think it your California. Would you please state your name? I just spelled Liu can you also give us your address. Please. Oh, mailing or business home whichever you prefer. Oh, sick 1647 pearl street unit 2 boulder Colorado, 8 0, 3 0 chief. Now, can I get you to raise your hand, please, and repeat after me? That's okay. Hi! State your name. I just do you solemnly swear or a firm. Do you so? Only swear our firm that the testimony you're about to provide in the testimony testimony, i'm about to provide the beverage licensing authority. The beverage licensing authority is true and correct is true and correct. Thank you. And do you also swear or affirm that the premises was posted by the for the legal 10 day posting requirement.

[103:06] I do. Okay. Great. Thank you. And since you're not represented by Council, I will go ahead and read the proceedings into the record all right. This is a public hearing before the beverage licensing authority of the city of Boulder determine whether or not the application of creature comforts. Llc. Doing business as creatured comfort. for a be a new beer, and wine license shall be granted or denied. This hearing is conducted pursuant to the laws, that of the State of Colorado, and the rules of the beverage licensing authority of the City of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties, in order to enable this authority to make the findings and to reach conclusions to be made by State law as to whether or not the license applied for shell issue. Interested parties are the applicant

[104:02] residents of the neighborhood under consideration, and the owners and managers of a business located in the neighborhood, under consideration for purposes of determining who is an interested party at this hearing. The neighborhood under consideration, is the neighborhood previously defined by the authority. the authority shall make a final determination of the affected neighborhood prior to determining whether the license shall be issued. Any interested party may speak to the question of the neighborhood designation, as well as other information relevant to the granting or denial of the application. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their names, spelling their last name, and stating their pertinent address. They shall also be sworn in by the Board Secretary. Is there any ex parte communication or conflict of interest from any members on the board? Member California. No. and we're out. No whatever. Wall of snow.

[105:01] Member Roberts now. Number card. No great. All right, Miss Lou. You may proceed. Okay. Great Well, Good afternoon. Thanks so much for this opportunity. My name is Jess Lew. and i'm the owner of creature comforts Llc. which is the license applicant for a new beer and wine license for a space located at 1,647 pearl street unit 2 I think it is well known as the former pharmacist Space on Pearl Street. Well, creature comforts is my first hospitality business. I have been in the food and beverage industry for over 15 years, beginning my career essentially as a waitress at a fine dining restaurant in Tokyo, and then quickly moving to New York city, where I took on a management role. and was there where I was. Tip, certified as well as responsible.

[106:04] ended up gaining the responsibility for beverage, ordering ordering an inventory. it's hospitality has been a long-standing passion of mine and while I export other areas of the Fb industry over the past few years. It's something I always knew I would come back to so like Sarah. this is my baby. It's a dream that's multi decades in the making. and I just feel very privileged to have the opportunity to be creating a space in which I can welcome the community and create a comfortable and safe space. I really it is my hope that to have the privilege, and also bear the responsibility of surveying beer and wine in that space. The attention intention of creature comforts is primarily to provide a coffee shop environment. a third space and the food service is casual with an internal walk-up counter with orders are placed. All of the menu is will be developed through wholesale partnerships with small businesses, such as local bakeries and creameries, and farms, and also, I hope.

[107:17] for reason, wineries. And another goal of mine is to in those efforts and partnering with smaller businesses like myself is to highlight minority and women on businesses where possible. I believe my application is well supported by the petitioning efforts I conducted which I personally conducted over several days earlier this month, and also had the moral support of my husband, and one and a half year old one Chili morning around Goss growth. it was an incredibly encouraging experience, as the results show. A 100% in favor. 144 signatures collected. 74 residents and 70 businesses.

[108:05] I have more to say, but I don't know when I should stop, so i'll keep on going. I to share. I think you know I am. Currently, I think, one thing that is probably a question is, when will this business be open? I have. Actually that is unclear. I have been under the City of Boulders planning and development review process for over a year. Now. however, I am hopeful that my permit Review shall conclude by the end of this year, if not early next year. so at present I am the only employee. However, upon opening, I do anticipate having 5 employees one of which will be myself, 3 of them full time, 2 of them part time. As far as operating hours. My land use permits me my use. Review per zoning review permits me to be open from 8 am. To 10. Pm. but in reality I actually my intents and purposes of this space is to be more of an all day

[109:11] cafe. So with true operating hours, like probably around 9, 9, 30 am to 7 Pm. the 10 Pm. Is really just there to help in the event that, a private. a private party or event has been booked, which will always and conclude by 10 Pm. And I think. see what else I have. A indoor seating capacity of 50 With an occupant load from the building department of 48 and an outdoor seating capacity of 16 the patio is designated by metal fencing So the area in which beer and wine, and the exterior is permitted, is clearly marked and defined.

[110:00] I think one thing that in addition to having staff constantly monitoring the exterior one thing that I know is to our believe is to my advantage. In the space is these 3 large windows? along the Seventeenth Street side, that I will be opening up to create basically transparent visibility to the exterior patio. Each of the windows measures 6 feet wide by 8 and a half feet tall. So for all intents and purposes, the Seventeenth Stride. Seventeenth Street side of the premise, which is where the patio exists. is fully visible from the interior as well. Great. Thank you very much. Are there any questions for missile from the board? Not seeing any? All right, Miss L. Is there anything else you'd like to present to us. I don't think so.

[111:00] Actually did have one question. and I made him in the packet. Are you Tip certified? I completed a tips training with John Valier, Wednesday, December seventh. So I am awaiting my results. I have a member California. She yeah, that was included in the packet and email exchange with her. And Mr. Bellier so got it missed that part apologies for that. all right. At this point. If there's nothing else that you'd like to present, we will close for a deliberation. is there any discussion, any motions I mean, i'll make? I'll make a discussion point of that I'm. Just wildly impressed that this is all done by this Lou on our own and our family. There's so many times that attorneys and and other people are involved, and it just proves that you really care about the community that you're coming into and and we we acknowledged that, and I I personally acknowledged that, and I appreciate it. The policy is fantastic. I I see no reason not to make a motion here, but i'll let anyone else discuss if they'd like.

[112:08] I would make a second for that motion. And yes, I was very happy to see in your policy that you put descriptions in terms of intoxication. What you might see Examples like that's very helpful for your future staff so, and hold them a little more liable and responsible for those things. but yet so we've had a second all in favor. Say I. Member California never, absolutely. I remember, Wallace, I member Roberts. I number car. I thank you very much. I think it also goes to show how easy our procedures are. If you read the instructions. I just also want to say that I would not have been able to make it through this process without the help of Kristen. so she has been. I think we started this back in April when I was asking some questions, and

[113:07] having gone through the P. And Ds process, which is a little trickier. to say the least, I think that it is was not would not have been possible without the support of Christian, and the availability of the clinics and that type of guidance. So thank you. I think the city of Boulder is very fortunate to have the staff that has. Well, Thank you. I do appreciate that, and it was my pleasure. Thank you very much. I'll go now. Have a wonderful holiday and afternoon. Okay. stay warm. Thank you all right. Continuing off of that, we will have agenda. Item 10 matters from the Assistant City attorney. I don't have anything I know. We're going to talk about the retreat coming up. So I have a few comments about that, but nothing

[114:03] under my name. Happy holidays, everybody. Okay. Agenda. Item 11 matters from the licensing clerk. There are no neighborhood boundary settings for applications to be heard at the january eighteenth, 2,023 beverage, licensing authority here and there are no expected administrative processing for liquor license transfer applications for the month of December. In addition to the one that was heard at hearing today. There are also no breweries. Wineries, distillery requests for the local licensing authority input for the month of December. and the special event liquor permits list was provided to the authority members in their packet. and I do believe that there was an informational item from licensing Manager Cheng Garris, regarding the beverage licensing authority retreat that was going to be added in

[115:04] Thanks, Kristen. So we did include a draft agenda for the Bla retreat. as you all know, the retreat is scheduled for January eleventh. It will occur in person at the Brenton Building, which is where our licensing offices are located at that 1136 Alpine Avenue in our folder. We included the draft to genes. You all can take a look at that and provide any feedback. If there's anything you'd like to change. Add a remove the just. Please let us know today, and we'll. We'll get that finalized and put together a packet for your review prior to that retreat. Does anyone have any feedback for us on the draft agenda that was provided? When did you? I'm not seeing a the draft? When was it sent? Same at the very end in the packet? Yeah.

[116:00] last thing. Yeah, it's page 217. Well, I stopped on page 2, 16. If you got through to 16. if it's okay, Kristen. The one thing I would like to add, I mentioned this previously is maybe having a line in there about Any changes the Board would like to make, or staff would like to make related to either our procedures or anything else related to our processes. just giving space for any thoughtful changes. I have a couple of suggestions personally. So yeah, I I have a suggestion. I thought we had talked about. This, too, is just kind of doing a revision of the petitioning and the language around the petitioning. I know that we had discussed that over 2 hearings ago. Just kind of going over and and codifying that language as to what the rules would follow in terms of, and making sure it's clear, because I think what was happening is we had

[117:09] people doing, petitioning on their own in different cases, I think, what i'm i'm Harkening back to is from the one over at the res and thinking about some of the things we learn from, that I might have to go back and and look at that hearing and think about some of the things. I had some notes, but I I have to go back and look. I think we learned a lot over that period. So I might need to. I might need it 24 h period to send some notes. If that's okay, at least yeah, absolutely. If you want to send this directly to me, i'll make that incorporate them in the revised agenda. Thanks, kristen. What just reminded that what you do don't don't see Cs all. I will not do that

[118:00] i'm not that i'm i'm interested in hearing. But I don't want to have anybody come after all of my emails. I say some of the stupidest things. and that goes for any members of the Board. If you do have some feedback. If you want to take. let's say through January second, to review the draft agenda and send any feedback, we will be finalizing the agenda after the holidays. So please send those provisions directly to me, and we'll be sure to incorporate them. And then the only other thing I was going to mention is. we are going to order some food for the retreat. we'll probably do some sort of box lunches we're thinking something along the lines of Panera, snarfs or noodles and companies. So if you have any strong thoughts on where you'd like to eat dinner, please let me know Otherwise we'll just take a place and circulate a menu and collect everyone's orders prior to the retreat.

[119:01] That was my only comment. There was no refreshments mentioned. We will definitely be having refreshments. I know it's going to be a long meeting. We want to make sure you all are. Have what you need to make it through. So about how long? should I expect we have it scheduled for 4 h. Okay. 4 h. That's nothing. I bought for eggnog. I think. Egg dog. This is past the Twelfth Night. That's true. is it found upon? If it's, it has room in it. We do not have a license for that location. I mean we could apply for one, can we? I know somebody a temporary, this new conflict of interest there.

[120:05] We should probably stop this conversation altogether. Maybe Council will jump in, say I I didn't say what I said. not on the record, or I don't recall. I don't recall what I say. Joking aside, yeah, this is a recorded conversation. Yes. all right. We have one more item, which is just the fact that the liquor license renewals list for March. 2,023 expirations were also provided in the Packet. the last agenda item we have for this evening, and for this year is agenda. Item number 12 matters from the chair, and members of the authority. Anybody have anything. Mike, you're lucky we'll be safe. And what? My lucky no, it's like we got out of here before 5 30. So I was. I was wearing confidence.

[121:00] I full confidence then a very merry Christmas and happy holidays. Everyone. I appreciate everyone on this board, and especially our city staff. Thank you so much for making these so streamlined. And yeah, it is dropping out there. So everyone be careful and stay safe. Stay safe and have a joyous holiday. They weren't don't forget layers. Remember my tree. You have the kind of tree you always remember. It looks right. I I don't know how I will ever forget it. i'll make a motion to it. Yeah, okay, I'll second that motion. Remember absence a second. All in favor. Say, I remember California, I for Absolute, I through Wallace, I Hmm. Roberts, I I We are adjourned at 5 O. 4 Pm. Thank you all. Have a happy holiday.