February 15, 2023 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] And we're recorded. Call t0 0rder the beverage licensing authority Hearing for Wednesday, February fifteenth 2,023 at 3 Pm. Thank you very much sheriff. The first item on our agenda today is instructions for virtual hearing. and I will share my screen and read the rules of decorum. The Oh. Caitlin, if you can give me that permission, I would appreciate it. Thank you very much. The city has 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 commission members, as well as democracy for people of all ages, identities lived experiences and political perspectives.

[1:05] More about this vision and the Per and the Projects Community engagement process can be found here at Bolter, Colorado, Gov. Slash Surfaces productive atmospheres. The following examples of rules of decorum found in the Boulder device, code and other guidelines that support this vision. These will be upheld. During this meeting all remarks and testimony shall be limited to matters related to city business. No participant shall make threats or use other forms of intimidation against any person. Obscenity, racial epithets, and other speech and behavior that disrupts or otherwise impedes the ability to to conduct the meeting are prohibited. Participants are required to 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.

[2:02] If you are a member of the public, we do have an agenda item for general public comment for future bla agenda items, and that would be the time for you to raise your hand, and we will certainly let you know when that agenda item is call t0 0rder. Okay. continuing with the Jen item, Number one is the member roll call. and if you can please speak your presence aloud. Remember Epsilon. remember absolute present Member California Member California present Member Roberts. Member Roberts present and Member Wallace. Remember Wallace present. Thank you very much. We have a we have a quorum of 4 today with with 4 members currently presence, and we expect a member car to arrive within the hour. Thank you very much.

[3:02] The next item under agenda item number One is the approval of the beverage licensing of 30 min from December 20, first, 2022, and those would have been founded as an exhibit sent earlier this week. Do any of the members have any edits to those minutes? I'm. Not seeing any. It all right. Is there a motion to approve? Number apps will make a motion to approve. and for California will second all in favor, say aye, Member California number absolute I the Wallace. I remember, Robert, I thank you very much. Motion is approved. Continuing is the with the general number. One is the approval of the beverage licensing authority. Retreat, Summary from January eleventh 2,023.

[4:01] Any members have any edits to those minutes. Oh, remember, absolutely make it! Make a note here. I'll have to abstain. My wife was sick that day. but I did g0 0ver the summary all the notes, and I will have to abstain from this because I was not present. Thank you member Epsilon? Is there a motion to approve? Member California would make a motion to approve. Is there a second Every wall of seconds? All in favor? Say, Hi, Member California, I and the rule. Member Wallace. I remember Robert to I. We absolutely understand Motion approves unanimously with a corm of 3. Thank you very much continuing with the Jenna hydro Number One is hearing agendas issues from a licensing clerk, and the only thing that we have in terms of current agenda items is the

[5:04] exhibit for the Rosetta Hall agenda item that was included in your exhibits earlier this week, which was an updated list of members for that would be trained. Continue with the Jenna. Item Number 2 is matters from the Boulder Police Department. Hello! Oh, good! Well, good afternoon, Officer Officer Danny, would you please state your name for the record. That's a good one. There we are! There we go. I don't have anything I i'm not sure. If Kristen Are we going to have a discussion later on

[6:00] the matter we were talking about this week with law, or were you doing that at the end or Not at all. I think maybe next month would be better if that's all right with you. No, that's fine. No, that that's perfectly fine. Okay. There Any questions for Officer Danic. not seeing any that was quick. Well, thank you, Officer Danny. Thank you, Officer Danny, for everything you do. Thank you very much for your time continuing with agenda. Item number 3 is matters from the responsible association of retailers. The hey? Everybody, i'm gonna have to make this short and sweet to him at parent teacher conferences. They got rescheduled on me. So sorry I wasn't here last week. I'm going through a little bit of a personal situation, but things are going great. for I r in Boulder. Alcohol seems to be doing well. We had a really big trading for January.

[7:08] and we already have a lot of demand for February, I do believe, had to write a letter about one or 2 certificates. There was a hang up with my certification, so you all might be getting a few letters for me, stating certain members have had their their folks trained by me, and then I graded those with the copies I have, and they passed. So if there's any problems with that, let me know. But they were trained. It was just tips not recertifying me. which was strange, and I got that all worked out. So we're gonna go there. And then on top of that we're going to do the fake Id training hopefully in April. I'm. Going to connect with Officer Denig this month and try to find a good date that works for him, and just really push that. And I know i'm delayed on the patron safety training stuff. That's just because there was a few hold ups at the end of the year. But Mandy and I are finalizing that paperwork. So you guys can look it over, and hopefully, I will have that submitted to you by the end of next week, so we can talk about it

[8:02] next month. I'm. Just to remind you the patron Safety training is the training where we're going to bring in folks from different organizations, nonprofits, just health health care, just covering everything from our safety t0 0ver intoxication, to suicide, to sexual assault, date, rape, those kind of things so that will be coming to your way to your desks hopefully in the next week week and a half, and I will send that to John. And and hopefully. John, can give that out to all you guys. So that's it things are looking great. 2,023 is going good. Great Thank you so much Nathan is. Do we have any questions for Mr. Dewey? Leave Member Absalom has a stand up. Yep. Thank you. Things to do. I know parents. Each conversation can be very what's the word? Not taxing, but yes, important.

[9:04] The way that the whole Tips organization is working, probably. Why, you have problems getting recertified where cards aren't getting set out until 7 t0 8 weeks after the class. Yeah. And and that was a hang up from anybody who took it a course from September through December there was a hang up with them. So that is all being resolved. I've gotten all this reprinted, and I actually sent out everything from September and October last month. So I think, just based on our city rules of 60 days. I we we should maybe talk about that at the end of this hearing Chair California, about how a 7 t0 8 week turnover on a card might affect a renewal. So just I know once once they get into me. I's that we send them in within 2 weeks. if if that latest and I will have the results within 3 t0 4 weeks, so you can always get the results from me.

[10:02] The physical cards, just or what's hard to get out there. But thank you for that clarification. I think that's important for study license because of the turnover to the 300 and 60 Training Company they're like. Oh, we missed your recertification, but I retook it again for them, and everything is going good dude, and everybody's getting the cards right now. I'm even sending it to people's personal addresses who've been waiting for months. Thank you, Nathan. Good luck. Yeah, thanks, Mike. Thank you. Any other questions from the Board. Not seeing any. All right. Well, thank you, Mr. Dewey. Yeah, no problem. I'll be listening off and on, but I just wanted to get in there real quick. Thanks all. Thank you very much.

[11:01] Continuing the agenda, either. Number 4 is general public comments for future PE Reverts licing authority hearings. If you are a member of the public and you wish to make public comment, please raise your hand within Zoom. You can find that in the reactions tab at the bottom of your screen. If you could please raise your hand and I will. I will write your name down for general public comment. I currently do not see any hands raised. So the chair, if you are, if you are okay to to continue on. I feel like we're okay. So to do so. I am but real quick. And I just realized that I don't have the the readings of the procedures in the packet for the upcoming agenda items. Okay. let's see. I can let me get that. Let me thank you for letting me know chair, and I will gather those those for you shortly.

[12:04] Great, thank you, sure. And and with the followings being renewals, i'll just send you the renewal version. Somebody tell a joke. Yeah. Yeah. So I got one for you. So you have Leonardo Dicaprio. Matt Damon and Matthew Conno. Hey? They want to make a movie. Dicaprio says, oh, i'll act. Damon says. Oh, I just started directing. I'll direct. and my comedy says, All right, all right, all right. Let's say, a day's confused reference for you. That was great. I have one.

[13:01] Why, you did the Scarecrow win an award answer here because he was outstanding in his field. Yeah. my my wife says I have 2 faults. What one is one? Is it that I go to bed, truly, and the second one I can't remember. Oh, no! The first I got it. I got the first one is I don't I don't. I don't listen, and the second one is I can't remember. Oh, God! So I stopped now. Well, I have 3 year old, so mine's a for maybe that age level. But how do you make a tissue dance. You put a buggy in it really good, with like the 3 and 4 year old. So it's a classic and member and a chair. I did send that to you in Pdf. For.

[14:03] and to end it off. I have a joke. Why is the chicken? Why is the chicken the funniest animal. Hey, guys. There you go. all right. We're good to move forward if you want to read the next agenda item into. Thank you very much. Continuing with agenda. Item Number 5 is a public hearing and consideration of an application filed on December fifteenth 2022 from frog, and toed Llc. Doing business as hungry toed 2 5 4 3 Broadway boulder, Colorad0 8 0 3 0 4 Bonnie Rada, 100% owner and registered manager with the business mailing address of 2 0 1 0, Alpine drive, Bolter, Colorad0 8 0 3 0 4 for renewal of a hotel restaurant type, liquor, license

[15:02] great. That's Can we get them sworn in. Certainly. Well. for Frog and toed Llc. Will Will you be represented by an attorney today? N0 0kay, thank you very much. If I could please have you both state your name, spell your name, and say your home address for the record, please. You want me to sell it as well. and My home address is 2010, all from drive that's folder, 8 0 3 0 4, Thank you very much. And you, sir. home, address same 2010 0ut on drive older Colorado. I changed a lot, but he keeps coming home. Thank you very much. Do you anticipate any anyone else the size of 2 0f you to testify today. Yeah.

[16:05] okay. Would you please raise you both? Raise your right hands and do you swear or affirm that the testimony you're about to give in the matter before the beverage licensing authority is true. Yes, yes. and do you also swear or affirm that you or your employees have posted the poster at the premises for at least 10 days prior to today's hearing. Yes, thank you very much. Great. And since you're not represented by Council. I'm. Going to go ahead and read the proceedings into the record. This is a public hearing before the beverage. Licensing is already of the city of boulder to determine whether or not the application of applicant. See here, Frog and toed Llc. Doing business as hungry toad for a renewal. So a hotel restaurant liquor license shall be granted. This hearing is conducted pursuant to the laws 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 the conclusions required to be made by State law as to whether or not this license shall be renewed. Interested parties are the applicant residents of the neighborhood, affected by the license, as previously determined by the authority

[17:26] and the owners and managers of a business located within the neighborhood. This hearing shall be limited to question of whether or not there is good cause not to renew the license as set forth in the notice hearing. Let's see here a record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, 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 or exparte communication from any of the Board members? Member California? No.

[18:04] that per absolute, no ever wall of snow. Member Roberts now. And is there anyone here at this hearing that wishes to speak to this agenda Item. she could raise your hand. not seeing any. All right, you may proceed if you just want to explain to us a little bit about the reasoning behind. The late filed the application. Sure. So maybe some of you know. Maybe some of you don't. We took over the 100 toed back in November of 2021 Terry Morton, the old owner of it, and ran the establishment for 31 years. We've been going to the under Toad for 25 years, and we made the fakeful mistake of saying to them over and over again: If you ever want to retire. we would take it over for you, because we didn't want it to come back.

[19:00] and it's that moment when the dog catches the garbage truck when he called. So with that invite we hired a regular license Turning. we hired a restaurant management company. and when we acquired or transferred the license back in November, 2021, we ask both of them as to what the process would be for renewal. we should maybe add it. You're not restaurant tours, I just. We are passionate about pubs, and we wanted to make sure it didn't go away. So in response to that, both the restaurant management company and the nickel license attorney said, Well, sometime in late summer you're going to get a package of information in the mail and everything that you need to do. Fast. 4 to August there were a flurry of emails back and forth. and I assume it was a busy, stressful time for everybody involved, because that was the modification period for the dining outdoor dining

[20:03] right things that were being done. We hadn't seen any sort of information in regards to the renewal. the contact of the license attorney, and he again stated, You know, don't worry. You'll get something in the mail. But why don't you g0 0n the portal and just check it out and see what's going on there. Maybe there's some information. We went on to the portal that the city of all the provides. and I noticed that there was a hold on the liquor license and a hold on the dining program. So we submitted an email to Staff. And again, I want to make it very clear. But it was extremely busy and just said, hey. we maybe get an explanation around the whole. We're not sure what's going on. Maybe that got lost in the shuffle, but we didn't get a response. and inevitably what happened after that was probably the squeaky wheel, and what I mean by that is. we got involved with making some changes to to.

[21:03] and we forgot. and it wasn't until we saw the liquor license on the wall, and I realized the date was not good. that we immediately contact her with your license, got the pack of information online. filled out everything, paid the fines, and unless we find this out here I would make it clear that the ultimate responsibility along with us to renew it. and I can promise you that it will not happen again. It's an expensive mistake. but I thought it was important to kind of get some context to how it all went down. Great Thank you for that. I just had a quick question what new procedures or processes have you implemented since this to not have this occur again? Well, we put it int0 0ur Google Calendar. We've also taken the email that I've since found, with all the information that was in our spam folder, and made it not spam so hopefully that won't be an issue, and I can promise you. It is now top of mind.

[22:13] Great. Thank you. There Any other questions from the Board Members Member Absalom. Yeah. I just had the question. So the restaurant management group that you hired what is their role right now in the operating your license to publish on no longer has a rule. So now this all falls on you as operators to follow up with these administrative obligations when it comes to renewing your license. Correct? Okay? Well, it sounds like you understand the levity of this? It's really important that you're on it. And then do you have in terms of your the license manager of this location is that you? That would be Bonnie and our general manager. Okay. Is she also someone who is aware of this?

[23:01] Yes. yes, our Ourg on the site most days is aware of it, and I work as well. and your GM. Is also aware of the mandate to have people tips trained in 60 days with their hired it 100 to speak to what we overheard with Nathan. We did all employees on January second, or on site training. and we have not received any of our cards yet. We were told 3 t0 4 weeks, and we have yet to get any. Yeah, i'm seeing in your packet you do have some up to date cards here for sure. But yeah, it sounds like you have a plan here. Just keep following through and make sure that people actually operating the license establishment are aware of the obligation that they have to follow these rules with the city of Boulder and the average license. Already any other questions from the board. not seeing any. All right at this point, we will close for deliberation their motion.

[24:06] I would move to re renew the license there. A second member California would second all in favor. Say, aye, Member California, I i'm out from I i'm just gonna go last every time. Remember Roberts. I all right. Renewal approved. Thank you for your time. I appreciate it. Come, come by the pub. how we? What would be the next step? Certainly. So next steps would be now that this the renewal has been approved by the beverage licensing authority. Tomorrow i'll be sending this application

[25:07] to the State for renewal, and once we receive the information back from the State with their renewal license, i'll be sending that both of the city license, as well as the state license to you via email with as attachments and just keep in mind. We know we no longer mail packets. So everything is by email. And so I like you mentioned. It's in your stam folder, and i'm so glad you were able to make adjustments, so it won't be in there in the future. But just keep an eye out for information from our team with a additional information for you. Oh, thank you, John, and we can take the poster down on that correct great. Thank you very much for your time. Thank you. Okay. Continuing with agenda. Item Number 6. That is, a public hearing and consideration of an application filed on December twentieth, 2022 from Rosetta, Llc doing business as Rosetta Hall, 1 1 0 9; Walnut Street, older Colorad0 8 0 3 0 2

[26:13] Ralph Green, Member and Donovan Green, Member and Sarah P. Beck, with registered manager, with a premise mailing address for a renewal of a hotel restaurant type with your license and counsel, Vecchio, If you could please, I would look to be able to record your appearance. And will anybody else besides yourself be president from Rosetta Hall. It's just one in Veronica. Thank you very much.

[27:00] Okay. let's see here. We just write this information down, and he said, it's Sarah Sarah P. Back with is here as well. That's correct. Thank you very much. Well, she was here. and Miss Becky, would you mind recording your attorney license number? Yes, Veronica vacio for number 3 7 2 2 5 Lesl Law, representing Rosetta Hall. Thank you very much. And do you and the Zika do you anticipate anyone other than Ms. Back with to a peer and testimony for today. No. okay. And Miss Beck was, if you could please state your name, spell your name and see your home address for the record. Sure, my name is Sarah Beckwith S. A. R. A. H. B. E. C. K. W. I. T. H. And my home address is 10: Ponderosa Place. Broomfield, Colorad0 8 0 0 2 0.

[28:03] Thank you. And if you could please raise your right hand. do you swear or affirm that the testimony you are about to give in the matter before the preference Licensing authority is true. I do. And then do you also swear or affirm that you or your employees have posted the poster at the premises for the at least 10 days prior to today's hearing. I do thank you very much. Yes. great. And is there any ex part to a communication or conflict of interest from any of the Board members? Member California? No. Then i'm going to abstain from weighing on this. I have had a history with one of the members of Rosetta Hall. That's what I believe here. I confirm with city Council Ms wit, and I will be recusing myself. I will mute my video during

[29:01] this agenda. Item. any of the other Board members. Can you guys state that just Steve. can you just verbally state your muted? No, I have No, no, no, no, no! What you call it conflicts, conflicts of interest. Which is it all right? And is there anyone here that wishes to speak to this agenda item from the public? You could raise your hand. not seeing anyone. All right, Ms. Becky, you may proceed. Thank you. And, as as I said before, my name is Veronica Vetchia, attorney from Leslie, representing was at a Hall for their application to renew their liquor license.

[30:04] I'm. Located at 11 0 9 Walnut Street. and we have Ms. With I'm. The director of Operations at Rosetta. And can you explain what your what you do in that position, and how long you've been in that position? I have been in this position since the beginning of November of 2,022, I oversee all of the operations, the food beverage and entertainment components that rose at a hall and prior to that position. Were you also employed by Rosetta Hall? Yes, I started with Rosetta Hall in July of 2,022, as the culinary director and Are you over 21 years of age I am. and if you could explain to the panel exactly what Rosetta Hall is, and how it sort of functions.

[31:02] Sure, Pug Rosetta is a food hall. We have 8 individual food stalls that each have their own menu, and then we also have 2 bars, a main bar inside and a rooftop bar that opens seasonally, and then we have a coffee shop as well on the coffee shop is open year round in the mornings. Okay. And what are your days and hours of operation? Sort of for each coffee shop versus our? The coffee shop opens daily at 8 am. Until until 3 Pm. The food stalls open daily at 11 am. Until 9 45, and the bar opens at 11 am. Bailey, and closes typically at as late as 1245. If if business is, if it makes sense, otherwise we'll close before 1245 kind of

[32:01] business depending. And what is your general experience in the restaurant industry. I've been in restaurants for the last 18 years, primarily in the Food Service Department. However, I have owned and operated my own restaurant, as well as liquor shop for several years prior to starting a Rosetta great, and this hearing is in regards to the renewal of reset, as calls liquor license. Your application is timely filed, but was lacking proof of training. What have you done to correct the problem of 10 employees, and the same proof with the application that they were trained. S0 0f those 10 employees, 2 0f them we're simply going by their middle names as opposed to their first names. So it was. It wasn't clear on the roster and the tips cards that were submitted, that those 2 people did have training the remaining

[33:05] 8 employees. One of them was one of those 2 that was waiting on their tips card from Nathan Dewey's class. but the other 1 2 3 0f them 4 0f them. Excuse me, I simply missed that in submitting, I think I had a total of about 30 people. I submitted, and I missed 3 0f them. I have since submitted those cards. And then there were 3 0ther people that hadn't been trained at the time of submitting the application, and those 3 have now all completed an approved training. Okay, and to clarify for the panel there were some that you had t0 0riginally submitted who had engaged in E Tips training. What have you done to make sure that they received live training? Sure, Yes, there were 4 tip certificates that were submitted, that were each tips of those 4 3 0f those employees have now taken the certified class.

[34:12] and the fourth is no longer with us because he did not want to take the appropriate class. Okay, so he's been terminated. He has. Okay. And what do you plan on doing to avoid a problem in the future with renewing the license in terms of tips training. We've done cup a few things. We have changed the way that we what would basically add another parameter when we hire anyone who's gonna be involved in the sailor services liver that we require upon their onboarding them to provide us with their tips card, and if they cannot, because they don't have tips training. We require them to sign up at that same point in time. We've also started. We have a database where we store all of our employees information, and that database we've

[35:06] we have put in 2 types of notifications. The first notifies us 30 days after their first day of employment, to verify that we do have a tips card on file, or they have taken an approved class. and the second notification tells us about 2 months out before their current tips card expires, so that we can follow up with them and make sure that they have plans to take to get recertified. and what you have in place internally in terms of training, outside of requiring employees to engage in tips training. What internal procedures do you have? We do a monthly employee staff training and that training rotates between. Sometimes it's beverage focus. Sometimes it's food focused this month with food focused on food handlers certification. Next month we're going to be doing it focused on beverage service, where we will be addressing internally, and our GM. Quinton Bennett will be leading this, who has many, many years of experience behind the bar and and in serving liquor, but he will be

[36:13] giving just some more kind of tips and training on how to properly Id identify when people are have been overs or intoxicated, and then how to address those issues when they do arise. And what are your current policies? If an employee violates any of your procedures for preventing minors from being served. Sure, as far as preventing minors. We have a very good kind of training, and we have a lot of people already in place that are very good at both asking for and checking Ids as well as spotting ids that are either fake or impersonating another person. All of those ids that our team

[37:02] confiscates. We submit to the local police office, and and we submit Gosh! Anywhere from 2 t0 6 a week. Okay. I don't have any further questions for this. Witness My tender her to the panel. Great. Thank you. There. Any questions from the board. not seeing any. Did you have anything else you wanted to present, Miss V. You? I have nothing further, and just conclude by stating that I was at a Hall's application for the renewal of its license is now in order, and we have presented clear testimony in terms of how what the issues were, and how she's resolved them, and that in the future these issues will not arise. So we do a request for you of the license great. Thank you. This point will close for deliberation. Is there a motion?

[38:00] I would have to approve the renewal of the license. Is there a second? I second that great all in favor. Say, aye, Member California. I Wallace, I remember absolute abstain. Member Member Roberts. I all right. Renewal has been approved. Thank you very much. Thank you very much for your time. continuing with agenda. Item number 7 is a public hearing and consideration of an application filed on January, the twentieth 2,023 from de Rossi Boulder Llc. Excuse me doing business as avant garden, bistr0 1 0 0 2 walnut street suite, 102 bolter Colorad0 8 0 3 0 2 ravi.

[39:01] while Shanghai, owner and registered manager, with a business mailing address, of 445 East Sixth Street, New York, New York 109 for renewal of a hotel restaurant type, liquor, license. and I Council. Thank you. I believe you are. You will also be representing this this this client that's correct again for the record, for on a Quebec here, from as little representing to Rossi Boulder, i'll see you in business as a vaunt. Garden, Bistro bar number 3 7 2 2 5. Thank you very much. And will anyone else besides yourself be a present to provide testimony? Yes, I have Ravi Ravi. and he's ready to Aka Jerossi.

[40:05] Start by. There we go. There we go. Thank you very much. So if you could please teach your name. Spell your name and see your home address for the record, please, for same Ravi R. A. V. Is in Victor. I last name L. A. L. C. H. A. N. D. Is David a. And I and your home address 445, E. Sixth Street Apartment, one New York, New York, 109. Thank you very much. If you could please raise your right hand. Yep. and do you swear or affirm that the testimony you are about to give in the matter before the beverage licensing authority is true. Yes. thank you. And do you swear or firm that you or your employees have posted the poster at the premises for at least 10 days prior to today's hearing. Yes. thank you very much.

[41:00] Thank you all right. And since you're represented by council. Would you be willing to wave the readings of the procedures into the record? Yes. great; and is there any ex parte communication or conflict of interest from any of the Board members. Remember California? No. remember Absalom, No. Remember, Wallace, no Member Roberts, no great is there anyone present in this meeting that wishes to speak to this agenda item from the general public. Not seeing any. All right, Miss Becky, you may proceed. Thank you. And we're present here today. As I mentioned earlier in regards to the renewal of the liquor license for and today I do have my witness present, and, Robbie, if you could please state your current age. Are you over 21, yes, 48, almost 50. I feel like I'm going on 60.

[42:01] And what is your relationship to to? I am the owner. Okay? And what is your experience in the restaurant industry? It's long. I've been doing it for about 20 years. I have. I hold the 15 liquor licenses here in New York City, 2 in La DC. Savannah and then and now, Boulder. Okay. And why in this case, for this particular location. Why did the renewal application get submitted late? We actually have it open to the public Yet we are waiting on like we sign this least. 2 years ago we finished our work on the inside. The landlord has certain responsibilities that he has to fulfill before we can. And what part of one of those is actually it was installing our front door and then getting our new Cbo, because we, if you guys remember the Mediterranean used to be. It had the big space originally, and then they 10 years or so ago they took the smaller space next door. We are just occupying the smaller space to the west, and so

[43:12] in splitting the spaces, there's a new C Ofo involved, and it is the landlord's job, according to at least acquire this for us, and he has been taking a very long time to acquire this. They just finished installing our door a couple of months ago. Now we're waiting on the C ofo, and without the C. Ofo we can't actually get the liquor license. So sorry to make a long story short. since we didn't have the liquor license. I didn't realize to my fault that I needed to renew it, and the space has just been sitting vacant because we finished our work almost a year ago. It's just been sitting there, so I didn't have anybody there receiving mail. because there's just no mail coming for us. At least I again to my fault. Didn't realize that this renewal was coming in the mail.

[44:01] So yes. Does that make sense? Yes, so in essence. Is this based on your construction, or is it completed? The landlord finishes construction for the new door, if that's what you mean. Now that now the city or i'm not sure if it's studio stay has to give us the new Cfo, and then we will submit that to the sla to a Bla. Sorry to, and then we will go get the liquor license. Okay? And so what have you done since you've learned that you need to renew the license immediately contacted you guys, and filed for the renewal. Okay, and how will you avoid the problem like this in the future? Well, we will. hopefully. We'll be open next year at this time, and and you know we will obviously have people on site, but I, you know, so we'll have people on site getting the mail. But you know we I we have a lot of liquor licenses, and this is not an issue we've ever had. And again.

[45:10] to my fault, because we never got the license. The first time I did not realize this. So you know, we have a calendar of alerts that all this stuff goes into, and we usually. if in fact, never miss this kind of stuff. A liquor license is obviously one of the most important things that we need in order t0 0perate a successful business. So it's just not standard operating procedure for us to miss something as important as this. And so, when do you plan t0 0pen? You know that remains to be seen the now that the door is finished. there's a light inspection that the city that the city has to do for the building to make sure all the lights are cause. I guess there's new city codes for the types of lights that can be on the outside of the buildings, which, and this is for the whole building, not just our space

[46:00] Once that is approved, then we will get the new Cbo, so I've been told for several months. Now it's going to be any day now. In fact, I've been told that for a year it's going to be any day now, so I I can only hope that it's gonna happen in the next few months, and then at at which point we will start to hire our staff and go through the training and get open. So from the day that we get the C. About getting that do h inspection, and the actual liquor license that I assume takes 2 months, and then we'll open a month or 2 after that. So if if the see if it's to come tomorrow, I would say we'd be open at 4 months. Okay. And how many employees do you expect to have what you're fully open and have you put together a plan to have all those employees trained? We we haven't put the plan yet together, because we've sort of just been waiting on this. But but we, you know we just recently opened a restaurant in La, which has similar protocols and and procedures that you have to go through in order to, you know, Have everybody tips trained so in New York? They don't require the same. But

[47:12] we have one bar in la, which we went through the same thing. And now we just opened a restaurant, so we'll probably take that, modify it for the for boulder policy and use it. Okay. And you plan on having employees trained within 30 days of opening or 30 days of higher date. and I think you've testified to the posting of the premises. So I have nothing further for this witness, and tender into the panel for questioning. Thank you. There. Any questions from any of the Board members not seeing any. All right, Ms. Becky, Did you have anything else? You wanted to present

[48:01] nothing further to submit to the panel that we have presented a complete application, and to credible testimony in regards to why the application was late, and we would do. Request the renewal of the liquor license for Alright, Thank you. At this point we'll close for deliberation. Fair discussion, emotion. I would move to renew the license. All right, All in favor, Say aye, Member California. I grass will mine. Remember Wallace, I number Roberts. I i'm hoping you're not being led around because it the the delays that you're being told about for the city of Boulder permitting process is one of the things the city of Boulder does better than most other jurisdictions in Colorado.

[49:00] So I would check. I would check that out. I you mean, with the department, with with regards to the Department of buildings. You know the the the planning department. just laziness and unorganized practices. And we are yeah, I don't think this is a city related thing by any means. You know it's something we're trying to get through to the landlord, but it just seems to be not priority for him that you there's only so much I could do here with him. But I just want to. I just want to make sure you he wasn't, telling you one thing, and in the in the fact that it wasn't the case because it my My personal experience with getting permits for something like this and other permits of the city border does better than most of the Colorado jurisdictions. Yeah, I appreciate you letting me know. And i'm 100% aware of it. Okay. Thank you.

[50:02] Thank you very much for your time. Okay, Thank you. Thank you. Bye. Okay. Continuing with agenda. Item Number 8 is the beverage license authority, retreat. Follow up discussion. Thanks, John and I just Wanna welcome Member car to the meeting as well. Thanks for joining us. So we had a really great discussion at the Vla retreat in January, and the next step is to formally vote on some of the proposed changes that were discussed. Member excellent. I know you weren't present for the retreat. But if you would like to, you're still welcome to participate in this conversation and this vote, since the the materials were included in the packet. But if you don't feel comfortable that that is fine as well. I just wanted to invite you to the discussion if you'd like to join.

[51:06] Yeah, thank you. I'd like to actually say something I like to to to. I read through everything that I I i'm so sorry I can be at that. I really want it to be there. and unfortunately I couldn't. So I anything that I feel I I have a couple of thoughts on some issues, but i'll let the authority members who are presence really got the conversation. I think that that that might be the everything that we that we went through, and anyone can correct me if they want, because i'm wrong all the time. But the I think, is pretty clearly and well stated in the materials that we received. And so, if you've gone through those, you've got a good handle on what we did. Great. Thank you. So the first agenda item is 8 a. And these are updates to the Bla rules of procedure. So in your packet you have the red line version of the proposed changes. I believe the only thing that has changed since the retreat is some language around providing interpreters

[52:16] for licenses to participate in hearing. So we had some discussions internally at the city, and we, we would like to provide an option for licenses to have interpreters. This will be paid for by the city if it's something that they request, and we have resources to provide interpreters in many different languages. So I think that's absolutely something that we can do to provide to support licenses. So Laurel did include some new language for that, but everything else should be pretty consistent with what we discussed at the Retreat. Does anyone have any questions or concerns about those red lines. I I did. What was the discussion around providing the the interpreter for free?

[53:05] We feel like from a an equity perspective. We We feel like it's appropriate for the city to cover that expense for licenses. We don't want licenses to be in a position where they feel like they can't afford to provide an interpreter, and ours put at a disadvantage at their hearing, particularly for show cause hearings. So that was the reason behind it, and when we looked into the expense. It's really not a significant expense for the city, and it it happened so infrequently that we felt like it was something that we could help cover the cost of you were concerned; that, in fact, that we might have that we might be liable for just translating something and getting something wrong. Laurel, Can you speak to that, please? Yeah, Absolutely. So we actually work with an outside organization that brings forward interpreters that are especially for show cause court certified. So they are certified interpreters

[54:08] versus if we just said, you can bring an interpreter that it could be a friend or something that could misinterpret something. So this is a a way to protect the city a little bit more. We've done it in other areas, so we're not as concerned about the liability, because the the contract with this particular outside organization that gets the interpreters for us includes liability, terms and things. So they we would be protected as the city if something were to be misinterpreted. But it's less likely, because these are more certified interpreters than perhaps a friend of a licensing. It always fall back in sovereign immunity as well. Yes. any other questions or comments. All right, then. We can go ahead and have a formal vote on these. John. Do you mind meeting that for us?

[55:03] Certainly we can have a let me get that documentation here. Is there a motion to approve the the red line documents for the updates to the rules of procedure. Member California would make a motion to approve. Is there a second? Remember, car will make him a second. That that motion. Thank you. And may we have a a a roll call? Vote, please. Member Epsilon. You were absolutely, I remember. Car Yup, never car. I remember California Member California. Hi. Remember Roberts Member Roberts, I and Member Wallace. Remember, Wallace, I thank you very much. Motion approves 5 t0 0, and just really quickly, as a quick reminder. This has to go through city council by resolution for approval, so they're not official until they're official from city council.

[56:04] Thank you for that very much. Thank you. Next on the agenda is agenda. Item 8 B, which are proposed key changes to special events. So, as we discussed at the retreat Staff is proposing that we increase the special event fee from $50 for events under 250 people to a flat rate of $100 per event. regardless of the size of the event. I think we had a great conversation about this at the retreat; but if anyone has any follow up questions or comments. I would often those. and if not, we can go ahead and to a formal vote. Remember, Roberts, did you have something? I was gonna ask what the final conclusion was. Did we just decide to put everything at 100, even for like events under 25 people like a small business event.

[57:09] But if that's something you'd like to revisit. we could absolutely open up that conversation, especially now that we have another. I don't necessarily think so, unless Mike once to talk about it. Yeah, no. I I read the minutes, and I think even $50 t0 $100 a a nominal change based on some events we're talking about here. I think it's important that the city gets that. You know piece of funding to host an event because there are additional things that can happen around that, and that's to me a $100 of the the taking it s0 50 t0 100 is is very nominal, and I would definitely approve that first one. Yeah, it was. It was. The detail was like, if it was going to be just a very small event. But I i'm

[58:09] Member Roberts like what is a small event versus a large event in terms of people, you know, if you're having a small license event for alcohol in terms of the amount of people you know. How does that really affect the enforcement component, and what happens around the the Colorado State liquor code doesn't really change. in in my opinion, at least in terms of the amount of people that are there. And what could happen? That would, I think a $100 across the board makes sense to me. no matter what the side of the event. and i'm always a i'm always in favor of cost recovery. and I I I believe I came to that conclusion as well, and i'm there again, I just

[59:00] I i'm in full agreement. Yeah, I think Ultimately, when we hold events in the city, you're gonna have a there could be a litany of problems on those things. And remember, while it talks about cost recovery. Of course, I think a $100 or $50. I don't know how much cost recovery we're getting, but that being said, it is something, and I think just streamline across the board makes licensing life easier. It makes sense. I agree with it great, Thank you. Well, unless there's any other comments, John, if you'd like to lead us. i'll make a motion Member California with second. Thank you very much, and we'll take a roll call. Vote to approve this member Absalom.

[60:05] Remember absolute. I timber car. I member California Number California High Member Roberts. Member Roberts, I. And Member Wallace. Member Wallace. Thank you very much. Motion passes 5 t0 0, but certainly, like council with I mentioned it's a. It will be going forth towards the City Council. Thank you. The last agenda item for this section is the 8 C. Which is updates to petition. So this is actually something that we had included in the agenda for the Bla retreat. But we didn't actually get to have a discussion on this. And the background here is, we've heard from different Billa members that maybe you all have ideas about ways that you would like to see our petition materials changed or updated. So we just wanted to provide an opportunity to have that discussion and discuss any proposed changes to the petition materials

[61:07] at the hearing today. Does anyone have any changes that they would like to propose? I would defer to member Wallace, in a sense that I feel that we are having a a question about how the questions are raised, and in terms of how there can be leading questions. I guess that was the only thing that I know. There's a specific thing in our form. How do we protect against leading people into making a decision based on I mean, I work in politics for a long time. I I know how that this goes. How how would you approach this, Steve? Well, it's it's it's difficult because you you can. You can have the same exact thing stated in in one way the exact same way, and it all depends on the difference. Inference I I I mean if you could. If you can say well, they're they're planning on, you know, opening up a a restaurant, and they're planning on serving some alcohol. And this is how they're planning to do and then there's they're going t0 0pen up a restaurant, and they're gonna they're gonna alcohol there. I mean it's it's it's it's really hard to to to

[62:14] craft that as an authority on how how we make sure that the the true message is getting across to the to the of neighborhoods. Who's Who's request? Co. Needs and desires are are an ultimate in in in in debate. in in creating a a new license. and I I I don't have any suggestions. I really don't, because, as I said, it's. you know, we can read it. We can see the way it's. It's written in how it could be abused it the way it's written. and I think we have. We have the ultimate authority to to accept or deny that what what it's come, what the way the way out at the end of it it a. A. As a proof of needs and desires for the neighborhood.

[63:04] Now I I I was disappointed once, a a a couple of months ago. when I saw what had happened, because the person who did that survey had done so many great surveys before. And And then, then, all of a sudden, you know the neighborhood which could see the the license establishment from their houses were, or once surveyed at all, or she said they were surveyed. Nobody answered. I. I was skeptical. and I'm hopefully that that message across to her, that, coming forward again, she needs to make sure that she's not just on the easiest part of the of a neighbor that we did, because remember, her costs are recovered. based on the amount of time that is, that's her Surveyors g0 0ut and spend. and it's gonna take him a lot less time to go to the neighborhood that has multiple unit dwellings and get everybody's signature there, and so she pays the hourly wage to the surveyor. They there is which isn't very significant, and she gets a flat fee from from based on a number of

[64:09] total survey stops from the licensee, which the the greater the difference between the 2, the greater the greater income that she makes off, or they should they make off the survey. So I guess, just keeping it a an eye, and I won't be here for going, going, going forward and and keeping an eye on making sure that everybody who who needs to have been heard from, ie. The name, needs and desires of the neighborhood, has had an opportunity to to. We at least be included in the survey. and this this might. That was my main thing, and it's it's been even worse over the years with with Max is again again. Remember the faster that they can get the survey done. The more money the Survey Company makes, whether they're in there, and this idea that they're not guaranteed an outcome

[65:06] is, is doesn't hold any way for me, because that one argument there that it only took us to. I only had to pay someone 5 total hours to do the survey, because they chose the part of the town that that the had multiple in a dwellings in it. And even though that was maybe one tenth, or even 20 0f the total resin total designated neighborhood that we chose. So that's that's an exponential discussion of what I Federal guidelines. I believe if we're going to go into the law, and I, as we can maybe comment to this about how political speeches is mean, because in essentially it is political speech. I I you might be referencing the case at the Res, but that case specifically. it felt they were not coercion. But to what point are we

[66:04] getting real information from these neighborhoods? And obviously we trust the surveyors to to follow procedure and follow our rules as well. But i'm just wondering what extent can we get more real data in a neighborhood with that particular license, the the the they hired, a surveyor? We actually said, I didn't survey that neighborhood because they'd already been surveyed they were in favor of. and and so I I I thought to myself, Well, then, did you really? I mean you you chose which neighborhoods to possibly go to, and which ones to avoid. based on what you thought. you know. I mean, we should say petitioner, because They're not servants, is it they they? What? What? Where? You could get the best results for your petition, even though her petition results Aren't guaranteed. But she absolutely drop the ball when she said, I didn't survey the largest residential portion of the designated.

[67:06] because it was clear that they were opposed to to get a petition for a ballot issue. What is the rule in the State of Colorado? I don't know if that my head Oh, it's! It's a it's a percentage of of the of the it depends on on, on on jurisdiction. City of Boulder has a different rule than the state of Colorado. And so I I don't know what the State's rule is. I know that we we recently voted to change it to make it more difficult to get it on the ballot that was either 2 years ag0 0r 4 years ag0 0r something like that. Well, let our attorney, our our attorney, can and speak to that. I i'm sure 55 as far as voting. And then there was also some changes to the petition process. But it has to do with the percentage with the number of voters who voted in the last election. and I can't remember what it is off the top of my head, but it's it's a certain percentage

[68:14] is, are we following those same exact rules? It's a little bit more. We're not. It's a little bit more restrictive for ballot initiative. So the one of the differences. The only people who are in favor of it sign it right? Because you're trying to get to a certain percentage of people signing in order to get it on the ballot. So we get the Yes and No. So that's a little bit different. There's a lot of rules around what the front cover page looks like how the language is written. Things like that, and there's also rules around the petitioners themselves. You know they have to be 18, which I think ours is similar. Maybe ours 21 I haven't looked at that rule in a little bit. But there's there's certain rules around the people who are actually going on and signing it. They have to sign an app at David that says. you know, hey, we will uphold what this says. We're gonna say the right language. And then there's the cover sheet that they have on the front, so it's somewhat similar, but it it's a little bit more restrictive for balance measures.

[69:09] I wonder if the current might like along Mike's a comment. Maybe there's some way in which the municipal election is required to craft the language on the front of the petition that we can. We could adopt that. I I don't. I don't recall. I I call having signed a petition for the city of. Yeah, there's certain like you have to phrase in the form of a question. There's certain requirements I could during the next next, be like hearing, bring the example, and do like a comparison of what's different. That would be helpful in specific cases, of course, that there is some disparity in terms of how we're getting the data that we're seeing. As you know, as the authority that we are. We put a lot of weight into those.

[70:02] you know, and let me let me say something, Mike. which is something I I I was a generation ago that I looked into with regards to what a liquor authority can can can do and can't do with regards to attorney making a decision based on materials presented by the license, the the the applicant for a license. and there, and we are somewhat high bound by case law. But if, if, in fact, there is a petition. or that is presented to us. and there is someone in front of us testifying we can absolutely give more weight to the testimony, regardless of how many people signed a petition and be upheld in appeal right about our cross-examination of how that petition was held in in the manner in which it was done. Is what you're saying right? No, we we we can just as as as members decide for ourselves that we have are going to give more weight to the testimony because it it, it, it persuaded us more than the petition to.

[71:11] certainly; but I think ultimately i'd like to have something personally, just after being a part of this process so many times is, you know. having something more condition to a specific standard. We can hold someone to how they petition. And I that was my point on that right. but I mean it's not, I think, to your point. Steve. We, you know. Obviously we can take any testimony outside of petition to make you know that is the authority that we we hold. But I thought the goal behind it was essentially to come up with a better way. for there to be a streamlined situation where people are going door to door. asking the same questions.

[72:04] and somehow having a way to protect. You know anything that's coming from those neighborhoods from being coerced in a way which is, I think, to the point of when you sign the whole way that we do amendment ballots and stuff like that. That's a little bit more legal. But it was just something I wanted to bring that I didn't have a chance to talk to you about. You know we have the the full authority here today, and I know Matthew Member called on of has seen these many times, and there's a lot around it, you know. There's a lot around how questioning goes on, and and who's doing doing the positioning so just something I I wanted to put on on on the books and say on the record that I think we can maybe have a better way, or maybe a way to pull people to a standard of how we actually do go door to door and find out those needs and desires of a neighborhood. I I I don't disagree, and I think maybe it's been suggested that we could go through and take a look at how the city does it for the ballot measures, and maybe some. There's something there we could about.

[73:10] I would agree with that. If Laurel we could see those at the next sharing. I think that would be really beneficial. Yeah, and perhaps Chris and I can just bring it underneath my item. I may also reach out to some nearby cities to see what, if there's anything they do differently. Maybe there's some other ideas out there. It's interesting because some jurisdictions actually do the do the survey themselves, and then and then charge the license. The applicant. That's I think that's cost costs. Now. So what are we doing here to manage calls? That's important. I get the charge they they charge the applicant to do it. Yeah, I I know that's ridiculous. That's well. I thank you for allowing me to say that i'd have a chance to talk about that that was kind of my biggest item in Liver Street that I missed, and i'm glad we're streamlining a little bit more. I'd hate to get into another one of these

[74:06] show calls hearings where we're sitting here talking about how petitions have happened when we could potentially have a better system for it. Yeah, absolutely. I'd be happy to bring some some thoughts forward and comparisons. So you guys can take a look at that. It kind of sounds like we're continuing this item on to next month. Is that what I'm hearing? That sounds right to me? I'm gonna i'm willing to hear from? You know a member opposite of her car about their thoughts on this. I know that you're new to the process, but if you wanted to lean in on this, I think the more information we can gather for our next hearing. We can come up with a

[75:05] a motion for rules, and how we or we petition the neighborhoods because the the desires component is huge. It's what you know. That's a it's a huge part of how we deliberate over. What if a liquor license should be established in that specific neighborhood. Yeah, that was yeah, really interesting to understand that we don't really have any. I don't know, like a specific process in place. It's kind of up to. There's like a a framework for what has to happen. But it doesn't seem like there are specific things that have to happen during that petitioning process. And so I I think if we had more like this more stringent process, we would have more confidence that the answers that we were getting were accurate, and did reflect the needs and desires to that neighborhood. Yeah, I didn't realize it. It was kind of

[76:02] more up to the petitioner to do that research so Well, the the city has a form, you know we If you've seen the form, Of course I think that was the discussion we're talking about, but I think it's good to just dive a little deeper. What? You know what one thing that I I I recall, and then I was a part of I was not over the good part of the time, but we had multiple days hearing about a license, and when the real move from it's one location on Pearl Street to the other location on Pearl Street. and we actually ended up having one third of the of the affected neighborhood show up to testify in opposition to it. But there was a survey. It was overwhelmingly in favor. So it's it's it's it's it's it's. It's not something that really I I I think we have the ability to aircraft to the point of actually getting a good, a good understanding of how it reflects the the feelings of the neighborhood.

[77:14] All right. So, Kristen, are we good to further discuss at the next year? Absolutely. We'll put this on the agenda for the march. Hearing. Thank you. Thank you. That's everything I had for Jenna at 8. Thank you very much. Continuing with agenda. Item Number 9 is matters from the assistant City attorney. So during our retreat I had a presentation just to give sure refresher on complex as well as our conflict of interest as well as ethics, and just a short refresher on motions as well, and so we right out of time at the hearing or at the retreat. So I thought I would g0 0ver that today, if the

[78:00] boarded like that can also do it another day. But that was kind of what it's on the agenda as far as i'm crossing that off. So if you would like me to proceed, I can share my screen and just run through these slides. Yeah, go ahead, please. Proceed. Great. Let's see. You think I would know how to do this. Okay. share screen. Okay. So can you guys see my screen? It now? Looks like a slack or a Powerpoint. Yes, okay, okay. I see you're not. I'm: Sorry. Okay. So I am going to go ahead and start this. and we'll just do a short a conflict of interest. I'm going to shut my door because my dog is parking. So give me 1 s. Okay. apologies for that. Okay? So I'm: i'm just gonna do a quick run through of conflict of interest to start out.

[79:03] So the first question is just like, Why does this matter? Why do we care about conflicts of interest, and one of the biggest things for us here at the city of Boulder is to maintain integrity in the process. So we really want to make sure that if there is any sort of conflict, and i'm going to run through what some examples of conflicts are. so we we either abstain or let the Board know of those complex, I mean. So that happened earlier in this process. And s0 0ne of the things that member Absalom to this morning was, ask, email and ask, like, hey, can we talk about this? And I encourage that if you guys ever need to have a conversation about this could be a potential conflict. I don't really know, or hey, there's been some past things here. Can we talk about it? I'm absolutely happy to take call at any time to talk about whatever those issues are. But we just are trying to maintain integrity in this process, and to make sure that our hearings are held in a manner that supports the licenses in the city of Boulder, and continues to give our board the Elevated

[80:02] a status that has of just being award that follows rules and does a really great job. Just so, you know. And if you ever keep these slides, the code of conduct section in our code. So this is the Boulder revised code. That's what Brc. Stands for it's title 7 chapter 2. If you type in bolder Municipal code into Google. It'll pop up and you can find this. Okay. So i'm just gonna go through some of the things that are conflicts of interest in our code. There are things outside of this that you may have. Your situation may not fall perfectly in here, and that is completely fine. That's going to happen, and if that's the case, go ahead and call me, and we can talk about it again. It's always good to know in advance of a hearing. If you're going to potentially have a conflict, and sometimes with these complex, I will ask questions. During a hearing. I have to say whether or not you do have a conflict. Sometimes I recommend just recusing yourself based on the conflict. So in here one of the main prohibited acts is this idea of personal benefit. Also, please feel free to interrupt me. If you have questions. I can't see everybody. So I won't. See, you raised hand. Just interrupt me, and i'd be happy to answer questions. So in here, in Brc code 7 2 7 2. We have this idea of a personal benefit, and that's this idea. If you

[81:15] if you are given some sort of personal benefit by awarding a license, or by not shutting down a license, for example, a license establishment. If there's some sort of personal benefit to you. Then we would ask you to recuse yourself. For example, i'm going to use Member Apps on me in sorry about that member, Absalom being part of the Southern Sun Mountain Sun organization. If one of those restaurants came before us, either for a license for show costs for anything like that, because he does have a personal benefit to that, and we would ask him to recuse. So this is the information on that, and it's particularly pertinent with financial gain, as opposed to like political gain or anything like that. We're talking about money, you know. If if you have a stake in some sort of license establishment. One thing to be of note, and this is something that's come up on other boards. This isn't like a general like

[82:05] you work for a liquor, license, a license establishment, and a liquor license is given out. This wouldn't affect you. It's a particular establishment that's giving you that financial gain so any sort of like generalized. Oh, the whole community gets benefits from this Doesn't that doesn't matter. It's more. This specific financial gain. the next one that's mentioned in our code is 2 7 3, and this is the idea of duty. Maintain the confidential. It privileged information. S0 0ne of the things that could happen, and this doesn't happen a lot with liquor licensing. But say, you have privileged information or confident information, you wouldn't want to disclose that in order to continue forward with the sort of voting on the record. This is particularly important when we get to quasi-judicial like If you have information before we get to across the additional hearing, such as the show cause, and i'll explain it, cause I do show those in a minute. But this idea of, if if you come before it, and you have this confidence full information. Say again, sorry member Absalom is, has detailed information about Southern sun. He also has financial gain like this. It's another reason to

[83:16] to not be allowed to participate to recuse yourself. So again, this is just kind of like duty to disclose confidential, confidential information. We don't want to have any sort of hearing where you feel like you have to give up that information. It also creates this view of the bla like. Oh, maybe they're hiding things. Maybe they're not giving everything out to the public, and we want to be an open and public board as much as we possibly can. The next one here is gifts. so gifts are prohibited, and I keep saying, public official, since you are a member of a boarding or commission. You are technically a public official. I, as a public employ, am also required to follow these along with Chris and John. So this is just

[84:01] because you're a public official. You have to follow this in relation to your voting on the board, and so gifts prohibited. So say, for example, a license establishment says, hey, if you vote and pay for for our liquor, license, renewal, or if you vote against a show cause or anything like that, we will give you a free dinner. We will. I don't know, give you what part of our business, whatever it is. We have to say no to that. We don't allow this like gift exchange. And again, it's like it's kind of looks like bribery. It's not something we want the Government to have right. We want it to be public and open. And for all of you guys to to be above that kind of look of bribery. So we there's a a code ordinance that says, hey, you can't take gifts in exchange for something for that license. Okay, this is a lot of words on the screen. I'm just gonna tell you this is the idea of. If you are a former or current employee of an organization that is before the board, just let me know. We'll talk about it a lot of times just like Member apps on with Southern son, you we can't have.

[85:08] And this idea of an employee booting on a license for that and for that business, but it also kind of extends into former employment as well. So if there's ever an issue where you're like, hey? My former employee employment is doing this, then we can talk about it, talk through it. But just so, you know that's out there prior employment as well as current appointment. Okay, and then the most important part of all of this. It's all very important to maintain our credibility as a board. One of the things. That's really important is the idea of X power. Take communications in a quasi-judicial hearing. So quasi judicial? What what does that mean? It's actually a lot? Of what you do when you set up these hearings to give a license or do a show cause. And the idea here. I'm sorry not to give a lessons to do a show cause. And the idea here is when you're acting as a judge, so it's not when you're giving out a licenses when you're doing such a a show cause. And the idea here is you're acting as like judge in that court. So you have both sides coming forward. You have the city, saying, These are the things that we're done. A prosecutor come forward saying, like they served under 21. You have the applicant defending themselves, and you are acting as

[86:10] a sort of judge. So a quasi judge is the idea. In order to decide whether or not that person should have a suspension or a revoked license. Exparte communications are not allowed in these proceedings, and an exparte communication. This idea of exparte is is Comp. Or talking to people outside of the actual quote, unquote trial of the show cause, hearing or other hearing that similar to that. If you get information and say in an email in advance. And I've had this happen a couple of times if you get information in an email in advance, or if somebody comes up to you on the street and says, hey, you're on the board. You're gonna vote on my show cause we don't want that kind of behavior or not. The we don't want that kind of communication. because again, the idea here is to try and maintain integrity in the process, and the process here being you're presented the evidence, and you decide, and the evidence you're presented should be public. It should be something that's happening in this hearing. It's not something we want to have happen behind closed doors again. We're trying to create this integrity to make sure

[87:09] that every license he has a fair opportunity to be heard on the record. So that's exparte communications. You can see the the code down below kind of explains the language there, but the idea here is in-class educational hearings. We're extra careful about licenses rights. And so just wanted to remind you guys, that if you ever feel like you have an expertise communication. Okay, and you can reach out to me to reach out to Chris or any of the staff, and we will help you and work through that. We just wanna make sure that again there's integrity in the process that there's a lot of communication there. Sometimes, For example. somebody will send an email, and you'll send it to us. We may include it either included in the packet or make sure that everybody knows what was said, because we want it to be clear and explained to everybody. Does anyone have any questions on the first few slides. I didn't see any.

[88:01] Thank you. I'm a California for shing your head. I saw you. Okay. So this is just a couple of questions, I thought would be helpful that have come up while I've been advising the board, and I just thought it would be helpful to go through these. S0 0ne of the things is, what if I live in the designated neighborhood boundary for an applicant? Is that a conflict of interest? I'm not exporting. We're talking about conflict of interest here. That is not a conflict of interest, unless, again, you have one of those more like larger ties. So because a restaurant in your neighborhood is coming in. It's not. It's influencing you as a group of people instead of you individually. But if it impacts you individually say financially, or there's a gift situation, or whatever that's when it becomes a conflict of interest. And it is okay. If you just close it. If you say, hey, I live in the neighborhood boundary. Just so, you guys know, and it's probably better to not sign a petition if you'll be weighing in on that. But you just because you live in the neighborhood boundary doesn't mean that you can't vote in that situation.

[89:00] And then we talked about this briefly. But what if I'm. I am employed, or was employed by an applicant? That's usually a reason to recuse yourself, and we can talk about it again. It depends. You know how long it's been, what sort of situation it is. If you're currently employed, just assume that you will recuse yourself from that particular application. And then the last question here is, what happens if I think there could be a conflict of interest, or i've heard expertise communications with an advocate before quasi-d initial hearing again. Reach out to me. Reach out to person, whoever your you feel responsible for, do not send a group email to everybody. Just send it to the staff directly. and we kind of mentioned this a little bit. But group emails, if you send a group email to every board member that creates a technical meeting which needs to be noticed for the public to be involved in, and we don't want to get into that. We try t0 0nly have public meetings in this kind of situation like we have here, where the public can join, they can listen in. They can provide public comment. And so if you do have a question, feel free again to email the attorney, me or or anybody else

[90:00] involved. And then just a really quick refresher on motions. I know we have a couple of new members. I thought it would be helpful to talk about this, because I know it can be kind of a nerve wracking when you first join a board, and people are throwing up motions and saying, Yes, second whatever. But I thought I would just give a very quick. One slide refresher on this, and again you can ask in the middle of the meeting, hey, Laurel like. can I do this? And i'm happy to respond. So here's the the basic procedure. Here. Once a matter is close for deliberation by the chair. Discussion of the evidence may occur between authority members, and motions can be brought in Cherra Kalfano to this grade. He's like, do we have any discussion or any emotions? And then you can go ahead and move forward there'll be a main motion, and then a seconding. If we decide after the main motion that you want to change the motion, Say, somebody says, Well, what about this? What if we want to add this condition? You can do that If that occurs after the seconding of the motion, you need to vote on the motion before you can change it. So you'd have to vote. Turn it down, go back to the main motion and change it.

[91:02] So again, main motion. Second motion. Often there's discussion. After seconding the motion here at the authority. We do a lot of discussing before we do motion, so either way is fine. It helps to do it, you know, either before you start a motion or after you second the motion. Just kind of talk about it. and then the vote. One of the biggest things that I think is easy to forget is to make sure you verbally say your name and the vote for their record. This is because, even though we're videoing it, there's also an audit auditory record that we keep. So just so, you know, even though there's a video. Make sure you say yes with your name. And then, of course, the chair announces the results for the record, or sometimes, like John or the Staff members will do that, too. And that, I think, is all I had for this. Yep. Okay. I did that really quickly. So if you guys have any questions or thoughts, please feel free to to ask me.

[92:01] That was really helpful. And since we have some new members joining soon, maybe can you like email that to them that would have been really nice to have before. My. I thought about that. I was like, what if the new members need I? Yeah, definitely. Yeah. And I have some other like presentations on a variety of topics. So if there's anything else you have questions about, i'm sure I have some notes on them. Yeah. Yeah. And i'll say, thank you again. So, Laurel, you know, I call her today about something that was really unique. It actually happened before it was very unique, was actually our attorney at the time when I had something going on with that particular licensee, and I would say, that's new. Members is just call Laurel any questions. Yeah, you're always welcome to call me or Kristen and John and anybody else on staff to you. If If you have any questions we're here to support you. Yeah. I generally follow a rule of thumb of out of an abundance of caution. I'll recuse myself if I have any doubts just

[93:00] to not allow for any possible bias. Yeah, yeah. And the only place that that gets a little bit sticky is, if you have a not a full quorum without you, and if that happens we could talk through it. We may have to postpone something to the next meeting. Yeah. Have you gone over this with the city council? Actually, my boss is to take. This is going to be going over this city council more in depth than I just did. Yeah. yeah, thanks for sharing this, but it's really helpful. I have as a refreshing that i'm not. Yeah. And if you have more questions about it, or if you need more or a written version, i'm happy t0 0n that. Steve. When are you running for city council? What do I look like an idiot. I've never run it for city council on correct. I've got a life.

[94:05] Oh, John, I think you might be muted, or your Mike's not working. Is that better? Great? Okay. I just love to be able to bring up something that I asked Laurel today, and just it's a rarity. But sometimes it happens. But like in, if multiple people are recusing themselves. it has to be a minimum of 3 for a quorum. And the answer, and it must be unanimous. So so it when you make a decision for it to pass or toward everything. So just as an fyi for new members, too. That's why we always ask, like who's coming to the meeting? Because if it's less than 3 that we have to cancel for corn purposes. and I would say to the if it's only 3 in in in you may or in, and you would Well, actually, if it's 4, and it's been in. Anyway. I would. I wouldn't

[95:01] be shy about moving agenda items to the next month. When there is a a a, a quorum they can. They can hear it, because that's always a better way to go than to try to try to risk skirting the the the found reason of propriety. Well, thank you again, Laurel. Yeah. Happy to help. Hmm. Yeah. If we ever get close to a requirement, there's questions about that. We're happy to answer your questions about it and move agenda items, whatever we need to. Oh great. So to continue on. We have agenda. Item number 10, which is matters from the licensing clerk and everything that is in sections a. Through. E. Has been included in your packet, if necessary. Is there any questions in regards to

[96:00] the special event permits for the renewals that were included in the packet. Wonderful! Thank you so much, and I believe, Kristen, you had something that you wish to to mention. So. thanks, John. I just wanted to provide a quick update on forward recruitment for Bla. We did not receive any applicants for this, for, unfortunately so, what's going to happen is we will recruit again during the mid year recruitment, which will begin in maybe April or May. So if you know anyone that might be interested, please please please send them our way. We'd love to talk to them about potentially recruiting them for this board. Until then, Member Wallace, your term does expire at the end of March, so we will be with only 4 members in between Member Wallace's 6 expiration and the Board recruitment. So you don't have to word it that way. My expiration what it was.

[97:01] I'm so sorry your term you've retired several times. This will be my fourth and and i'm only here for for for Kevin. So It's a Kevin's last portion of it. Yes, and I I wanted to put it on the record that I wanted to say nothing but thanks and gratitude for Member Wallace for for stepping up. In this time of tragedy we lost the board member to the fatal shooting. and I the graciousness that you've done it with, and. you know, stepping up t0 0ur community. Thank you. Thank you, Steve. Thank you so much. You you did. You did a lot. You've done so much for this community. But thank you for this one. This is a big one, so thank you. I would echo Member Absalom's comments

[98:02] also, how come when my terms up, I'm. Always interviewing with other people like everyone, applies when my terms up. When I first came on I had to interview in front of it, or I think there were 3 0ther candidates this last time. There was 1 0ne other candidate, so I mean, I I wonder if everyone just wants your seat. I don't know, Matt. I can see through this, too, you know. I I told I didn't want to take a a role and share my share, because i'm leaving the mountains on pubs and berries here in the spring. But I will, and city staff has reached out to me if I am still a member of this community, and I have a residence here in the city of Boulder. I will continue my service to the expire, so I will be on this port until I no longer legally can be if I leave the jurisdiction. So i'll be here only if you leave the jurisdiction. Yep. Yeah, you'll be the first one to call.

[99:13] Alright, Thank you very, very much. Continuing with the agenda. Item Number 11 is matters from the chair and members of the authority. I don't have anything. Does any of the other members not seeing any? Is there a motion to adjourn before we adjourn? I want to say something about a Roberts number car and say. thank you, As you can see, it's hard to get people to join boards, and you have done so in service to your community, and a big thank you from your community at large for being a part of this. It's not easy, and Matthew and Stephen are, are great great servants who are been doing it for a long time.

[100:01] s0 0bviously I'll give them thanks, Lander, but you, too thank you so much for being a part of this. It means a lot, and then with that I will make a motion to adjourn. I'll second all in favor, say aye, Member California I never absolute I the wall aside Number Roberts I member Car I. We are adjourned at 4 43. And if I want to add something to the next agenda. If we go in alphabetical order for the how we motion of things, I think Member Roberts brought it up. I love that idea because it gets a little during zoom. Hopefully, we get back in person. It makes it easier because you have human queues to do so. But we can put that in the agenda for next time. There's just chatting with you guys. I like saying, hey? But that does bring the question. When are we going to get back to to normal.

[101:02] When are we? I think we revisit this in 2,027 right. But the whole rest of the world has gone back to normal. But why isn't the city of Well, I think we're we're adjourned so I think that we should. No, no, no, this is this is this is informational question. It's not something that we're going to decide or do anything based on. I just wanted to find out what, when it is, I mean even Denver Doesn't in in person now. So I don't know what what the deal is. Is there. Is there an answer to that question? You have to bring that up with your council person, I believe. as a council person or people. Is that a meeting person? No, it's actually s0 0ur clerk's office is the one in charge of setting up the rooms and allowing us to to do in person. And so right now they're not allowing public to come in to any board and commission meeting

[102:00] because of the technology and staffing issues. So they're working on a and I don't know how long it'll be. I wish I had an answer for you for that. But they're working on getting the Council chambers set up again to allow public to come in in for boards and commissions to use it. We're not the only board and commission that does like. The planning board, for example, also uses Council Chambers. and then the other meeting rooms that are available to us are are too small for, like the public to come join us. So yeah, so we're on hold because of our internal processes. So it's the Arts office. Do you call them? Okay. hey? Thank you. Everyone, thanks, Matt. I say, I just wanted to say before we got out of here, I I we all got noticed that I was going to be a little late today. So yeah, thanks for all understanding, and everything works has been.