May 17, 2023 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:01] Okay, Meetings worked all right. Call to order the beverages licensing authority for May seventeenth, 2,023 Thank you. Chair. Our first order of business is instructions for virtual hearing and those of the so i'll go ahead and share my screen. Okay. 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 boarding commission members as well as democracy. For people of all ages identities lived experiences and political perspectives. More about this vision on the projects, community, engagement process can be found on their website, which is Boulder, Colorado, Gov. The following are examples of rules of decor, and found in the border of ice, code and other guidelines that support this vision.

[1:01] These will be upheld During this meeting all remarks and testimony shall be limited to matters for, related to city business. no participant shall make threats or use other forms of intimidation against any person. Obscenity, racial evidence, and other speech of behavior that disrupts or otherwise imped to the ability to conduct a 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, and that is for public. excellent. Our agenda is roll call. I'll just ask the members to speak their presence out loud. Member for for a car present. Remember California. Member for California. Remember Roberts Preston. Thank you. And remember, as long did let me know that he will be a little late to this meeting, so he'll be here. I'll keep an eye out for him

[2:06] Next is approval of beverage licensing at 30 min from April nineteenth, 2023. Did any members have any edits to this or adjustments not there a motion? I'll never make a motion to approve the minutes Member California will second all in favor, say Aye, Member California. I number car. I remember Robert I Minutes approved. Thank you. Next we have hearing agenda issues from licensing clerk. I don't believe that we have any issues for today. We'll have some matters to discuss when it's matters from licensing, but no issues and agenda. Item 2 is matters from Boulder Police Department, and I do see the officer. Denning is here if he has anything.

[3:09] Hello. I don't have anything for the group today apologize for not being at the last meeting. If anybody has any questions or issues, they want to bring up. Happy to entertain those I have a quick question. I think you've started doing compliance checks again. Is that correct? Yes, we have the The one operative that we have active was also a college student. And so we're trying to work around their new availability. given their employment for the summer elsewhere. So but we're trying to cultivate new operatives. as well as utilize the States when we can. But there.

[4:04] that's that's not always a sure thing great. Thank you so much. It is there any other questions from the Board. not seeing any. All right. Well, thank you, Officer Danny. Okay, I will be here. Thanks for coming next. We have matters from responsible association of retailers. I don't do that. Nathan Dewey is with us right now, Mr. Du, if you're in the attendees like the little waiting room, Can you please just raise your hand for me? Don't do that, he's raising his hand, so i'll keep an eye out if he jumps in later, then i'll let you guys know. Okay. Next, we have agenda item for general public comments for future beverage licensing authority hearings. If you are here to make general public comments, so something that's not included on the agenda.

[5:07] Please go ahead and raise your hand. not seeing any last call. If you're here for a general public comments or something that's not on the agenda. Go ahead and reach our hand. Okay, i'm. Not seeing any cherry. You get to move on great. We're good. Next, we have agenda item 5, and that is continued public hearing and consideration of an application filed on February fifteenth 2,023 from Pinko Corporation, Dba chicken on the hill, 1 2 1 5, Thirteenth Street boulder, Colorado, 8 0 3 0 2 John Felu, owner and registered manager, with the business mailing address of 1 1 1 9, Thirteenth Street, older Colorado, 8 0 3 0 2 for renewal of the hotel restaurant type, liquor license. If you're here to get testimony about this item chicken on the hill. Please go ahead and raise your hand so I can promote you.

[6:16] Okay. I see one person has been, has raised our hand. If you're here to give testimony about this, raise your hand. Hello. Okay. And I see Juan Lew. Are you represented by an attorney, or will there be anyone else giving testimony with you? No, ma'am, it's just myself perfect. Thank you. Okay, I will swear you in, and then i'll handle, hand it over to the chair you'll just raise your right hand for me.

[7:02] Do you solemnly swear, or from that the testimony you are about to provide is true and correct. And do you swear or affirm that the premises and voted for at least 10 days before this hearing. Yes. okay, great. I'll hand it over all right. And since you're not represented by an attorney, i'm going to go ahead and read the procedures into the record. So all right. This is a public hearing before the beverage licensing authority of the City of Boulder to determine whether or not the application of Pinko Corporation doing business as chicken on the hill for a renewal of a hotel restaurant. Pipe. Liquor license shall be granted or denied. 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 be made by State law as to whether or not, the license shall be renewed. Interested parties are the applicant residents of the neighborhood.

[8:08] affected by the licenses previously determined by the authority and the owners and managers of businesses located within the neighborhood. This hearing shall be limited to questions of whether there is good cause to renew this license as set forth in the notice hearing dated May seventeenth, 2,023, 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 from any of the members on the board for this agenda. Item: Member California, no number card now remember Roberts no great, and is there any conflict of interest from any of the Board members there. Member California no

[9:01] number car now it's now all right. And is there anyone here that wishes to speak to this agenda Item: if you could raise your hand. not seeing any. All right, you may proceed now. If you could just give us a little rundown of why this filing was late as well as not picking up the posting materials last month. Okay. hey? So this was late, because it was emailed. This This email was sent to us to our previous attorney, and they did not notify us that we had an email coming in to a newer liquor license. I myself was calling around Sadu Border to track down. If I can get this package so I can pay the fees. do all the applications and get it on time. Unfortunately, I was 2 days late. I was speaking to Mr. John. I explained everything to him as well. He sent over the previous email that they was sent to our previous attorney.

[10:09] So I asked them to update or email in there. Take that email out. We take full responsibility for that. That is my fault, but will never happen again. For last month, Poster that we forgot to pick up. I did not know. I did not read the email fully. We were just gotten too busy keeping things around running things around, and that would never happen again. I would definitely be on time. Caitlin, Would this city sales tax approve this license at this point. Thank you. City sales tax would not approve at this point, so the occupation talks would approve it. Doesn't Look like you're up to date on your city sales tax. Gotcha. I will check on that asap.

[11:03] Okay. And what are you planning to do in the future. To prevent this from happening. I would write it down on my calendar 3 days ahead. and I will get it done before it's even due. Okay. Christian, I have a question for you real quick. Are we able to approve a renewal with the stipulation that sales tax has to be paid in full. Yeah, I think that's a fair condition to impose. And I think you are able to do that if the Board would like to. Okay before we get to that. Are there any other questions from the board? Yeah, can you explain? You said that just things got really busy, so only giving yourself a 3 day lead time to renew. Do you think that that's an adequate amount of time?

[12:06] Yes, it was just last month or person. Oh, my my daughter, she wonder when some surgery? So we It was just a little hard for us. and I'm. I'm curious. Do you have a new attorney, and have you provided that. Sure his contact information to the city. No, sir. not to the attorney or the I'm. Sorry. No to no, we do not have a new attorney. Okay, understood. And as you just as a call up like our do you plan on getting a new attorney, and the only reason i'm asking is to just to make sure that you're providing any new business contact information to the city. No, sir, and we are not looking forward to hiring new attorney. Okay, great Any other questions right? At this point we'll close for deliberation. Is there any discussion on this? I

[13:05] I would make the motion to approve this with the stipulation that sales tax is approved, so that if the taxes are not paid in full immediately, then the license won't be renewed. Yeah, I would take that motion as well. I'm: sorry. Were you making a motion? I didn't know you. Okay? Yeah. Then i'll second that motion. All right, All in favor. Say, I member California, I number car. I member Roberts I Okay. So the renewal is approved with the stipulation that you pay your sales taxes in full. sir. I understand. And then I would also like to. Would it be possible to have a them report back to us? Not necessarily attend next Month's hearing, but report back to us about sales tax for this location.

[14:10] Yes, sir. right. So either Caitlin or John will be in touch with you, and we'll get a report on that. So thank you very much. I'll. I'll put that on the agenda to let you know. Great. Thank you very much. Thank you very much. Okay, Thank you. Okay. Next, we have agenda. Item 6 public hearing and consideration of an application filed on March seventh 2,023 from rusty's to I'll see Deva, the rest emailing 6 5 2 5 gun Park drive, Boulder, Colorado 8 0 3 0, one Justine greenly co-owner and Rusty Greenley Co-owner and registered manager, with the business mailing address of Po box, 51 laport, Colorado, 8 0 5 3 5 for renewal of a hotel restaurant type liquor license.

[15:04] And I see that we have 2 hands raised here. If you are here to speak on this matter, please raise your hand if you haven't already. and i'm promoting them to panelists so they can use our camera. Okay, I see that we have rusty, and then we have another person with Dwc: as there zoom name if you can unmute and turn on your camera. Yes, this Dan Carr, i'm. Mr. Greenley's attorney. Hi, Mr. Car and I see that your president. Are you the only one that's going to be giving Pu or giving testimony?

[16:00] I think Mr. Greenley is present with his wife Justin, who's the other person that you can see in that video. Okay, if you're both gonna be getting testimony, i'll swear you in first. So if you'll raise your right hand for me. do you so at least where or from that. The testimony you're about to provide is true and correct. Yes. thank you. And do you swear, or from that the promise has been posted for at least 10 days before this hearing. Yes. okay, and i'll hand it over to the chair. Hi, Mr. Car. my volume is so low right now. I'm trying to figure out how to Mr. Car. Can we get your sure? Yeah for the record, Daniel W. Car registration number 8,224, the the law firm of Deal, Deal, car, Stone, Breaker, and Hutchings I am appearing on behalf of the license, c. And I would anticipate that the only person other than myself to speak would probably be rusty, although the co-owner of the business, Justine is a

[17:04] yeah with him in that particular video that you can see. And since you represented by council, would you be willing to wave the readings of the procedures into the record great? And is there any exparte communication or conflict of interest from any members on the board? Member California? Now. Now remember, Robert, No. And is there anyone here that wishes to speak to this agenda Item: If you could raise your hand. matter comes on, based upon a renewal, and my understanding is at least based upon my viewing of the record that renewal was filed on time and done appropriately. I've not had the privilege of appearing from you guys in a while. and but I will like note that now. Mr. Carr is not related in any fashion, as far as I know. despite sharing the same last name. But that's a good thing

[18:06] sharing that last name so, and not being related, is also a good thing at this point in time. With regards to this particular matter. I mean, I think there's only one thing to discuss. as you're probably aware, by checking your records. This particular restaurant has not had any violations of any nature. The reason this came up for renewal, although it's not specified. i'm certain, is because Mr. Greenley was charged criminally actually in Boulder county. and part of that charge was a dui which obviously would cause concern. I can tell you that yesterday we appeared in front of the Board and Erie, because he also has a restaurant license there as well, along with his wife, who is the half owner of the business. The authority and Erie did approve his renewal there, because it came up at the same time with regards to Rusty. I mean, I think it's very important that you know what he's done to improve himself.

[19:04] As I indicated, he was charged with a dui. He is completed. Everything that was required of him through the court system. I do that kind of work as well, so I can tell you, having that accomplished by this point in time, is a truly shows that he put his nose to the grindstone to get it done. The other thing that's of of importance, I think, to you and was important to me is that Rusty recently earned his 18 month. Chip from Aa, hey? He continues to go there. He sees it as a great item of support. If you asked him right now, i'm sure he would take 3 coins out of his pocket. showing you 6 months, 12 month, and 18 months yet. if you were to speak to Justine. the interesting piece of that is, Justine is actually the one who turned him in. She called the police, and indicated that he was driving and shouldn't be driving. which obviously, at least when that happened, it cost a little bit of a rocky road.

[20:09] But they would both tell you now that it was the best decision she could ever make. and the best thing that could happen to them, not only as a couple, but as business partners. As you're probably aware, if you have any involvement in this particular area of anybody's life. there comes a point in time where somebody who suffers from this particular condition or disease, depending upon how you want to put it. I has to reach a point where they themselves want that help to get that help and to get it done. Rusty obviously hit that point 18 months ago. He's been 18 months over. He's doing a great job. He runs a great restaurant along with his wife. As I've indicated they have no issues with the the liquor authority from day one. They've also had no issues in Erie

[21:02] from day one with that particular restaurant as well. That also holds a liquor license. So I would ask you to, you know. Ask him any questions that you would like either he or Justine, but I would ask that you assist them to continue down the path that they've started. and not derail that in some fashion. But let them move forward with the a product that they've been providing to everybody, and you know, in a very oh. proper fashion, and allow them to continue on down that road. But they're available for any questions you might have, or I'm available to answer any additional questions you might have on me. Great Thank you for that. Just for the record. I'd like to acknowledge that a member Absalom has joined us. Are there any questions from the board? I just have to say congratulations on 18 months. That's a huge achievement.

[22:05] Yes, I I had one question as I was. you know, noticing here some of the things that they brought to you done to to 2 to overcome this this situation there was one thing number 8, with 60 h of community service that was supposed to be completed by 3, 31 23. Has that been completed? Oh, yes. okay. great. Yes, sir. Yeah. I'm one. I'm: i'm 100% complete. Thanks. Any other questions from the board for the Record City licensing mostly, You know that sales, tax and occupation tax are approved for this application. Great, Thank you. Not seeing any Mr. Cars. There. Anything else you Did you have one to go? Yeah, I was just looking through some of the paperwork, and as of 3 5 23 tips streaming hadn't been taken place. Is that accurate.

[23:05] or what's going on with that? My part, I didn't realize that we had gone back to in training. So since then, and I thought I sent everything over, but we had done in class training up on from our through like something like this, like a Webinar. and everyone has been completed. So most of my staff now holds tips and the certification through the alcohol beverage training up in Johnstown. Do we need those records. Oh, I okay, I will. I I will send it. I thought I sent him over, but i'll resend him if you want that mine res anything that'd be great, of course.

[24:00] and we can get those entered and on the record as an exhibit. All right there. Any other questions. nothing further. Thank you. Right. At this point we will close for deliberation. Is there a discussion? Motion member absolutely abstain? Because I entered a little bit after the beginning of this, and i'll leave it to that member. California would move to make a motion to approve this renewal. and for car will second that motion all in favor, say, Aye, member California, Hi! And for car bye. remember Roberts, I remember as long abstain. All right. Well, we've got 3 that said yes to this renewal, so renewal is approved. Thank you very much. Come, see us.

[25:03] Thank you. Thank you. Give me 1 s my put everyone where they are supposed to be. Okay. Next, we have agenda. Item 7, which is public hearing and consideration of an application filed on March fourteenth 2,023 from Mustard's last and Ink Dba mustard's last, and 1 7 1 9 Broadway Border, Colorado, 8 0 3 0 2 Daniel Poblin, co-owner, president and registered manager, Harvey Lindenberg Co-owner and Sharon Woodworth, treasurer, with the premise business mailing address for a permanent modification of a beer and one type liquor license. and I see that my secure is here, and if anyone else is here to give comment on this item, please raise your hand so I can promote you.

[26:08] Okay. and they're being promoted to panelists. It looks like I have Veronica, Vecchio and Dan Boblin for this item. And do we expect anyone else will be appearing? Yes, hi! This is Veronica Vecchio from Dan Parliament here in present as well. perfect. And, Dan, will you be giving the testimony to this item? I'm gonna ask you to on mute. Okay, great. If you'll just raise your right hand for me. do you swear? Or friend of the testimony you about to provide is true and correct?

[27:00] Yes. and do you swear, or from that you ha that the premise has been posted for at least 10 days prior to the hearing? Yes, okay, great. And i'll hand it over to the chair, and in a second can we get your attorney? Id number Yes, it's 3 7 2 2 5, great. And since you're represented by council, i'd ask if you'd be willing to wave the reading of the procedures into the record. Yes, we're willing to wait great, and is there any ex parte communication or conflict of interest from any of the Board members? Member California. Now. Now remember Roberts now never Absalom. No. all right. And is there anyone here that wishes to speak to this agenda? Item: If you could raise your hand. not seeing any. All right, Ms. Echo, you may proceed. Thank you. and, as I previously stated, my name is Veronica Vecchio, from Las Vegas number 3 7 2 2 5,

[28:04] representing mustard's last stand for its application for permanent modification to its beer and wine, liquor license. And I would like to call Dan Polyvin as my first with witness, Mr. Polevan, if you could state your name and spell your last name for record. And what is your home? Address Colorong? Do you personally consume a kind of like that, bridges? And how long has masters last? Stand Been operating since 1978? And how did you learn that you needed to submit an application for a modification to your license. I received a letter from the places being born and just called it. There was an inspections on, and

[29:02] we were serving the alcohol and our video. Okay, so how long have you had a liquor license at Mustard's last stand since 1,978? Okay. And when you received the notice letter. What did you do? In response I try to. I talked to, gathered some old applications and contacted. and my attorney. and what did you learn? I learned that the was. even though the patio was there in 1,978, and it was on our original diagrams it wasn't included in our license. Okay, and just to give a little more background on who you are and

[30:02] the restaurant itself. What kind of experience do you personally have in providing food service. Oh, I've been the order operator since 1,978. So yeah, 45 years of experience behind the You know, we're calendar service. So Congress running the counter-service restaurant. Okay. And how would you describe the restaurant and what kind of patrons do you typically serve fast casual restaurant counter-service 7, you know, in the dining rooms small dining room. 28 seats so in your pretty accessible to the dining room.

[31:01] and what type of drinks do you offer. So so very recently we only offered a beer foot 4 beers. Now, we just tried to add some candle line about a month ago. and what percentage of sales do you estimate is food to alcohol? One half of 1% is alcohol. The rest is food. Sorry right on him of the alcohol to food. And so the purpose of this modification, then, is to add that existing patio to your license is that right? That is correct? And what is the seeding capacity for the restaurant inside, and then outside 28 seats inside approximately 22 outside

[32:01] the picnic tables of I pick big tables outside. And how do you control alcohol on the premises? Since we're calendar service, we it it's mostly visual. I mean. are able to see anybody drinking alcohol and no bigger one half of 1% is not a big amount of the alcohol going. These are. do you? And do you have a fence on the premises? We have a railing on the patio, and the that's what you're asking about. and it runs the whole length of the patio. Okay. what kind of training do you provide for your employees when, with our to service and sale of alcohol.

[33:02] we require the people that we allow the survey I call we don't. Allow everyone to survey alcohol. We we people, we do allow, take tips, classes. Okay, and what types of Id do you accept when you're iding people for service drivers, license photo, photo, driver license. military Ids with photos of the passports. That's pretty much it. Okay? And what are the consequences for an employee who serve somebody who is underage. We would stop allowing them to serve and then retrain them and make sure that I think it's happening once in 30 years. So Okay? And did you conduct a survey of the neighborhood to determine the neighborhoods needs and desires?

[34:03] Yeah, we are, too. 30 to 108 people. Okay. and who conducted the survey. David: Good heart director of the operations for mustards. Yeah. Okay. And what was the initial tally? How many total businesses and restaurants. I'm. A 108. Yeah. Yeah. Okay. And how many were in favor of the modification? 108, And how many against 0? Okay? And based upon your experience with the restaurant and the survey that was conducted. Do you believe that the needs and desires the neighborhood would be met by the modification of this license to include the patio. Sure.

[35:01] Okay. I now tender the witness to the authority for questions. There any questions from the Board? I had a question, or Mr. Beloved. So when someone you said that only certain people are trained to serve a call, what happens when someone who isn't trained is asked for a drink. They refer to one of those people that are there's always so. Second someone. the people that that I own that's what we want certainly the alcohol, or the more 10 to 15 h people they come and go. and those those people are kind of my concern around responsible alcohol service, because those people Aren't trained. and I would just wonder if they have at least some sort of training to know that they have to get that to someone else. I I don't know what sort of systems are in place. There is what i'm wondering about. Yeah, they all know it. They're all very clear that they can

[36:05] typically typically whoever is working on cash register It's a person that serves drinks. If they're working the cash register, they know to. If They're not. you know. I mean I have 14 employees right now. 7, I think 7 of them have take taking tips. Classes go. I was 300 h a week. We got it probably 200 h people working in our tips train. so there's always someone for them, they ask, and they always do figured I would like just to see, you know the training in place to make sure that we can see that that is happening. You know. That's still a third of the time of people who are not trained with that call service dealing with someone who's asking for alcohol. So things just some important to put on your radar. You know it's it's it's easy to get kind of tricked by someone trying to get alcohol so

[37:04] other than that I don't have any other questions. I had a question. I didn't see any tips training certifications in the package here. Do we have this on file? So with it being a modification. The we could submit, you know, whatever you're requesting. But we haven't submitted updated to tip certification because he does have an active license. understood. Okay. my new. My renewal is to actually as code size. So there they they will be submitted in the next. I think it's it's due in June, so it'll be the be submitted with the renewal. Thank you. Any other questions. not seeing any. Is there anything else you'd like to present

[38:01] nothing further? Just a final statement that, based upon Mr. Polvin's extensive experience and the neighborhood survey, we do request the permanent modification to add patio to the liquor license to be approved. All right. At this point we will close for deliberation. Is there any discussion about this permanent modification? Maybe Motions number car will make a motion to approve there a second. Remember Roberts Well, second great all in favor, say aye, Member California. I number car. I remember Roberts. I number absolutely all right. Permanent modification has been approved. Thank you. Thank you. Thank you. Give me a second while I make

[39:05] correct. Next, we have agenda and 8, which is public hearing and consideration of an application found on March 20, ninth, 2023 from Lance, Llc. Dva our gallery and wine bar 2 0 2 7, and 2 0 3 5 Broadway boulder, Colorado, 8 0 3 0 2, Rob Lance, managing member with the premise business mailing address for a permanent modification of a beer and wine type with a liquor license. and if you are present to give testimony on this matter, please raise your hand. See, Mr. Lances here. wait for an airline to take in here. Okay, Great. And, Mr. Lance, will you be the only person up hearing today? Yes, okay, great. And if you'll just raise your right hand for me.

[40:03] do you? Or from that the testimony you're about to provide is true and correct. And do you swear, or from that the promise has been posted for at least 10 days before you hear it. Yes. okay, great. I'll hand you over to your chair. Great. And since you're not represented by Council today. I'm going to go ahead and read the procedures into the record. Okay. this is a public hearing before the beverage licensing authority of the city of Boulder to determine whether or not the application of applicant Lance, Llc. Doing business as gallery in Wine bar for a permanent modification of a beer and wine, type, liquor, 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. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable the authority to make the findings, and to reach conclusions required to be made by State law as to whether or not

[41:14] the premise may be altered. Interested parties are the applicant residents of the neighborhood, affected by the license as previously determined by the authority and the owners and managers of businesses located in the neighborhood under consideration. The 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-party communication or conflict of interest from any members on the Board Member California. Now. Member Roberts. Now we're absolutely not. Is there anybody here that wishes to speak to this agenda? Item: If you could please raise your hand.

[42:06] not seeing any. All right, Mr. Lance, you may proceed. sure. Yeah. So we've had our gallery now for 4 years, Couple of years ago we added the wine bar and converted our gallery liquor license to a beer and wine liquor license. Now we'd like to where we've taken a space downstairs below the gallery in the wine bar which we want to do in classroom space. Offer it to artists to do classrooms for the community. Also, we want to do some like paint and sip kind of like little party. you know, classes down there as well, so we'd like to extend beer and wine service to the downstairs area.

[43:03] All right. Are there any anything else you want to present there any questions from the Board? Not seeing any, because I had a question. Mr. Lance is, how do you. Yeah, ensure that the people who are involved in these classes are down there are all of drinking age. Yeah. Well, whenever we're serving down there we will have a staff member that is tips trained most of the time. It's going to be One of our staff is the instructor, so that'll be real easy. and we have all. Every one of our staff gets tips trained so. And then, if it's an artist performing the class, and they want liquor service or bigger and wine service. Then we'll have a staff member down there

[44:04] there any other questions not seeing any Mr. Lance. Is there anything else. You'd like to zoom before we close for deliberation. No, not really one just kind of general thing. The the whole canvassing piece. I was just curious if there's any anything that like in the horizon where downtown would just have a blanket needs in needs and wants for the community. It seems like overkill to have every business down here do canvassing. Just curious on that. I think Miss Wick could speak to it. But in inside of the Bla rules of procedure. It states that every single license does need to provide needs and desires for that specific license and all those same space. Your license is not the same as other licenses.

[45:02] Yeah. so it's in the rules, something that you certainly could bring to Council, and something that we could discuss at a a retreat of ours moving forward. Okay, yeah, it just seems. Yeah, I'll I'll bring that up in the in the proper for him. So great. Thank you. Alright, great. So at this point we'll close for deliberation. Is there a discussion or a motion? I I do see that Christina has her hand up. I just wanted to make a quick note for the board. That canvassing is a requirement under State law, so happy to discuss further as needed when you guys want to if you want to. But I wanted to note that. Thank you for that. All right, so deliberation are we? Is there a motion discussion?

[46:04] Make a motion to approve Number California with second All in favor. Say, I member California, I we were Roberts. I never absolute my and all right. Modification approved. Thank you. Okay, thank you. Next, we have agenda. Item 9 public hearing and consideration of an application filed on March, 24 2,023 from Ghari llc Dba Bosava tai, 4 8 0 0, baseline road, boulder, Colorado, 8 0 3 0 3 shikar pokerel, co-owner, nitro folk role Co. Owner and saving golly co-owner and registered manager with their promised business mailing address for a new hotel restaurant type, liquor license. If you're here to give testimony about this matter, please go ahead and use the raise hand function.

[47:07] and i'll promote you to panelists. We can turn on your camera. Okay, alright. Got quite a few people in here, so I believe Mr. Chin should be up here in as their attorney. That's it. I turn the video. There you go. Actually. Yeah. okay. And Mr. Jin, who will be appearing. giving testimony for this.

[48:06] I apologize. So we will be giving testimony for this matter. Pockerel, the owner of, or part owner of viz. About time we'll be giving testimony. and also I believe it's Celia Simino of of liquor pros who did the surveying for this case, and I don't actually see her. I see Miss Garrett is here so awesome. Oh, Eva, okay, you because I I do see. Oh, I see. Okay, great. perfect. So Eva and Chikar, If you'll just raise your right hand for me. do you swear, or from the testimony about to provide is true and correct?

[49:04] I do awesome. And then do you swear, or from that the premise has been posted for at least 10 days before the hearing? I do thank you. and i'll hand it over All right, Mr. Chen. Can we get your attorney number recorded into the record? Yes, my name is John Chen, and my registration number is 3 5 3 7 5, and I'm. Appearing on behalf of the applicant to be able to great. And since you're represented by Council, i'd ask if you'd be willing to wave the reading of the procedures into the record. Yes. great. And is there any ex parte communication or conflict of interest from any members on the Board Member California now. Number card. Now Member Roberts. No number Absolute? No. And is there anyone here that wishes to speak to this agenda item? If you could please raise your hand.

[50:06] not seeing any. All right, Mr. Chin, you may proceed. Okay. We'd like to call first call Eva Garrison of of the proposed who performed the surveying for this application at issue. Good afternoon. Would you like me just to go ahead, Mr. Chan, and get my presentation? Yes, please. Yes, sir. Good afternoon, Cherokee Funnel, and members of the authority for the record. My name is Eva Garrison. Last name is G. A. R. R. E. T. S. O. N. One of the owners of liquor licensing professionals doing businesses, liquor pros. We are a third party petitioning company, conducting needs and desire service for both liquor and marijuana licenses. Throughout the State of Colorado we conducted, we were contacted by Booza

[51:04] Boo Saba Thai, located at 4,800 baseline road, a 100, 110, and they're in boulder for their new hotel and restaurant liquor license. We do not guarantee results. We simply provide the survey and the results are what they get. This particular location is located off a foothills parkway right off a baseline road in there pretty big area. So we what we did was we decide to get samples in and around the area from different neighbors, some of them close, and then some of them a little bit further out. made attempted contacts with 445 business owners, managers, and residents. Inside the area of those we obtained a total of 120 signatures, 30 work from business owners and managers, all 30 signed in favor at 100. We then were able to obtain a total of 90 residential signatures, all 90 signed in favor at 100%.

[52:04] We did visit with the owner to find out who they were. The sale on the concept of their license, and we passed that on to the members of the community. If they did have any questions or anything, we invited them to the public hearing to let them know that they could speak on behalf of themselves. In there. There are many other licenses a similar type in there. Folks were looking forward to this particular license, because there's not a tie license inside this entire location. So their niche is actually pretty unique in here. Looking at the 120 signatures, and all 100 signing in favor at 100% or 120 sign in favor at 100% still shows that there's a need and desire, and that the existing outlets have not yet met that need and be happy to answer any questions from the authority. Great. Thank you. Are there any questions from the Board for Miss Garrison?

[53:07] Not seeing any Mr. Chin? You may proceed as well. hey? Yeah, Community members of the board. so I I'll call a that sheker Pockel. who's here? Checker. Yes, i'm. Here. Can you hear me? Yes, okay. Can you hear me? I can. Okay, so please state your full name for the record. My name is Saker Pocrell. Last name is Spell, S. P. O. K. H. R. E. L. And I understand that you are applying for a new hotel and a restaurant like a license. Is that correct? That is correct? Okay. And what? What is your current occupation. I'm: a restaurant. I own a couple of Thai restaurant in Boulder County.

[54:03] Okay? And what is what is the what is the address of your restaurant business that you stated in your application. 4,800 baseline road unit, a 10 boulder. Colorado. Okay, and what is your position there? I am the co-owner. So I man is overall health being of the restaurant. Okay? And how long have you owned Boulder? A particular location is been 16 months now? We open in January 19, 2,021. Okay, me, too. Okay. And just to be clear, your restaurant is open for business. Currently. Yes, we are Okay, Can you please describe to the board your general background and experience in the restaurant industry, including

[55:03] any special training that you have and or experience and selling and serving alcohol. Yes, so my experience goes back when I was in college, actually working as a server where I was, Steve certified, and working as a working in a Thai restaurant as a server back when going to University, Colorado. And then, after graduates and I worked as a computer engineer come back and bought the Thai restaurant, and I do have a liquor license in my Louisville location. where we serve, for we have a full alcohol license to serve alcohol. That's where I actually can expose back again to serving the alcohol. So I've been in hospitality being this for a while. Now. Okay, you you mentioned that your tips certified. Yes, I was a long time back, but i'm not right now. I have to. I'm planning to do it again with this license. Okay. good. Have you ever okay? So you you said you had

[56:03] 2 stores. correct 2 store locations and let's see. And so so you you have some experience in. Well, actually, so you You have a liquor license right now. currently in my loser. Yes, okay. Okay. Have you ever been found in violation of any liquor license laws. Never can you briefly describe the general concept of your restaurant operations. for example, what types of food you serve? You know what are your business hours. Yes, so we are a full-service thai restaurant. We serve authentic Thai food. Our been we are open 6 days a week. We are closed on Sunday.

[57:00] and I have a on the border location. I have a 10 employees, 5 full time, 5 part time. very small location, but quite busy. Okay. And will you be? Are you certain full meals during your regular business hours? Yes, so our business, our our actually is split. So we open for lunch at 1130 till 2, where we saw our a full mail, and then we reopen for dinner at 4, 30, and close at 8 30. Okay, and we we do serve the phone as well. Okay, so that's let's see. Monday through Saturday. Okay. Do you have any outdoor patios on your premises?

[58:00] Well, in the boulder location. Yes, we do have Alder Pedi, right? Yes, I am talking at the bolder location. Yes, okay. And do you plan to sit serve alcohol? No, since the pack is not enclosed, we are not asking for the patio serving license. We're just gonna restrict it to inside so we can control the sales. Okay. and who who is currently managing the the restaurant and boulder. Okay. can you just briefly describe to the board the the General Naep neighborhood where your restaurant is located, maybe gives an idea of the demographics. Yes, so we are located in the 4,800 baseline. We used to stopping complex right next to the grocery store. So our demographic is 70, I see, as a senior citizen, senior folks, and the rest, 30% mix of the young families and business professionals.

[59:08] Okay. Okay, Great. Let's see. And according to a your best estimate, what percentage of your gross income or sales revenues do you anticipate? Will come from food sales compared to alcohol beverage sales. I expect it to be between 5 to 10%, the max from the alcohol. from the alcohol sales. Okay. So do you believe that there is a a neighborhood need and desire for a liquor license to issue to your restaurant in Boulder? Yes, I do actually, ever since we open there is no day. It goes by customer asking if we share some kind of alcohol.

[60:03] and since I have another restaurant close by 10 min right? They tend to do a take out from my boulder location, and whenever they have to dine in they go to the Louisville location, and they always ask if they can have a beer, Why not my border location? So then have to go back and forth. Okay. So do you believe that if it, if a liquor license were approved for your for your boulder restaurant. that it would that would. It would negatively or adversely affect the health. welfare, or morals of the neighborhood where your restaurant is located. No, I didn't see any negative impact of us having a liquor license, and also previous restaurant that was in the place had a liquor license before

[61:06] as well, and I don't see having us have any negative impact. Okay. good. Are you aware of any schools within 500 feet of your of your restaurant. I am aware of this school, but there is nothing within the 500 feet. Okay. Are you familiar with the Colorado Liquor License Code? I am. You are okay. Do you have written policy? Well, I will see you in policy once if we get approved today, so i'll have a liquor policy. The code policy on the back wall. So everybody can see. Okay. what is your basic policy regarding service alcohol to customers. not to serve alcohol. Anyone Less than 21 years of all is, and always take the Id to make sure they are 21, and not to serve the alcohol if they seem intoxicated for any new.

[62:12] Okay, are you familiar with the types of identifications that are acceptable? I am any federally issued. Id is fine with, you know, like a driver license passwords. Okay. right? Okay. So So what will be the age requirement for your employees who are allowed to serve Alcohol is there like a minimum age requirement? Well, my is actually so 18 and the 21. But if the 18 is there, they have to be supervised by the 21 year old. Otherwise they won't, be able to, and also planning to have one of my servers deep certified before we start selling?

[63:03] Okay. Will the employees working for your restaurant who are allowed to serve alcohol receive any special type of training or yeah. But since we Don't have a license yet. Once we approve. Then I'm planning to send them all of the service. Actually, we will be working in the restaurant for the deep certification. Okay. Okay. So are you asking the the Board to prove your your hotel and restaurant like a license? Yes, I am. Okay and nothing further. Thank you. Okay. Thank you. All right. Are there any questions from the Board members? I did have one.

[64:04] I like the in. It was looking over your alcohol policy that was submitted in the packet you did mention, not to serve to anybody that was visibly intoxicated. One thing I think you could add to that to make it more robust is examples of visible toxication, so that it's not subjective, and they know what to be looking for in terms of intoxication. So that's just something I would recommend, adding. The other thing would be you may want to consider joining the responsible association of retailers, or Ra. It's an excellent support for you. They can help you write a a better robust policy regarding alcohol service, and in the instance, should you get a violation, it is, consider you being a part of that, is considered a mitigating factor. So it's always good to be a part of that. Thank you for the advice. Can you repeat the what's the Stanford? So you're too little too fast for them.

[65:01] Yeah, responsible association of retailers. Thank you. So yeah. I i'll go over that with you later. Hear me any other questions from the Board. Now, one thing I I just didn't notice in here was any tips training certification. So what's your the plan for Tips training, and and that the process you have in place. Yes, so, as I said, we don't have a license yet. So but before we if we get approved. Actually, I'm planning to send all my front of the houses staff for the chief certification. I visited your website and found a couple that I will reach out to them, and either bring them in house, or send my employees to the class. all of them to be certified just to clarify. All of your front of house employees are 18 or older.

[66:01] Correct? Yes, okay. thank you. And just to piggyback off that you'll you'll definitely want to make sure they're tips certified before you start service. Correct any other questions. not seeing any. All right, Mr. Chan. Is there anything else you'd like to present to us Before we close for deliberation. we will definitely some. We we can submit the tip certification after it's completed by the employees. If you so desire. Yes, we would need those. all right. Well, if that's all we can post for deliberation. Is there discussion or a motion?

[67:01] Us Member car and I will make a motion to approve the the license. Remember, Absalom 1 s all in favor, say a member California. Aye. never car I number I number one. I right? License has been approved. Thank you. Thank you. Thank you. Yeah. No problem. Okay. Okay. Next, we have agenda. Item 10, which is matters from my assistant city attorney. and i'll add it over to you. Thank you. And I don't have anything for the board today.

[68:01] I mean. But it's a if it's okay with you. I just want to jump in and remind the board that, or just let you guys know we have some shuffling happening, and the attorney's office. We hired some new attorneys, such as Christina here, and so I will be unfortunately no longer advising the Bla, but Krishna will be. She is wonderful. She advised several different boards, including the town of Led Bill, so lots of experience and the her licensing and working with different boards and commissions. So I know she'll do great. And I'm really looking forward to her Video: You guys, Well, and I will miss you all. It's been really wonderful for the last couple of years to get to know you here a wonderful board, and I will miss you all. But thank you all for this opportunity and thanks for checking out the help. Thank you, and we will miss you as well. Thanks, Laurel. Welcome, Christiana. Yeah, thanks. So thank you. Okay. Next we have agenda. Item 11 matters from licensing clerk. We have 3 boundary settings for this, for the June hearing.

[69:10] The first one is a. The Mgl. C. Dv. The Academy Mapleton Hill for a new hotel restaurant. Typical license. 2 4 3 5, Fourth Street boulder, Colorado, 8 0 3 0 4. In my little research for suggested boundaries. There was no comparable boundaries for this application. There just wasn't anything close enough. I'm happy to pull it up on a map if you guys want to see and share my screen, or if you've already kind of looked it over. That's fine, too. which share your screen all right. It's this red dot here. and i'm happy to like zoom out or whatever you make. Yeah, if you could zoom out of it.

[70:13] It's an interesting one, just with all that open space there. Yeah, I was gonna say I would do Pearl on the south. You do that a little more sorry. of course. Maybe out of the north. I just I would go a little further than I'll point just because you're gonna we're gonna have to do it to city limits on the west side, and there's not a whole lot there. So I want to kind of get a better neighborhood. So maybe like both awesome on the north. Actually, I do Kenyan on the south, boss them on the north. and maybe fifteenth to the right.

[71:02] which to the east. Sorry that would be my motion. Okay, I have canyon on the south, Boston on the north, Fifteenth to the east. I know there's like open space on the west. I'm not sure. City limits on the West. Remember Absolute Second. correct All in favor. Say, I remember California, I or I remember our time here. Yeah, remember our time. Thank you. Okay. Great. Stop sharing there. Okay. The next one we have is market and wine, Llc. Dba market and wine for a new retail like our store type, liquor license, 3 3 0 3 black street suite, R. S. 2 boulder, Colorado, 80301.

[72:07] The suggested founders that I found, for this would be the Circle K that's one block like northwest. At 2 9 9 5 Thirtieth Street. Their boundaries were Iris Avenue to the north. a rabbit ho avenue to the South 47 Street to the east, and Nineteenth Street to the west, and I have this pulled up. If you want to see. Member California would make a motion to approve those number of call, making a motion a second. That motion all in favor say, I remember California, I, and for car I member Roberts, I i'm Robson, Bye. thank you. and last we have the mad matter. I i'll see Devi Allison rose. Matt had her on the hill for a new hotel, restaurant type, liquor, license application at 1 3 0, one Pennsylvania Avenue Boulder, Colorado, 8 0 3 0 2.

[73:07] The suggested boundaries I offered this are for Cafe Ion, which is in the same shopping center. It's like in the same little area at 1, 3 or sorry, 1 2 3 5 Pennsylvania Avenue, and that is, a rabbit on the North Baseline on the south. 20 s Street on the east. Sorry, 20 s Street extended on the east and Seventh Street extended on the West Member California would move to approve those you could have done the same as the sink to, because it's right across the street. Yeah, I kind of go on what's the easiest to find, because some of them require a little more research. I'll second that motion as well. All in favor, say, I remember California, I and for car I remember, Robert, I

[74:00] remember absolute. I thank you so much. and the only other things we have for matters from licensing clerk, and I'll have Chris, and he can jump in at any time. But we did approve. Our city council approved the updates to the Bla rules of procedure. So all the rules of the changes to the rules of procedure that you all made at your retreat are now in effect. and that happened on April twentieth. and then the last thing I will talk about is we just want to make sure there's a quorum for the June meeting. I know that Member California won't be able to attend because he's taking a training through the city. So if that means that the other 3 members do have to be here in order for there to be quorum. If there's if you believe there's not gonna be form. If you think you might not be here, let us know, so that you know we can reschedule or cancel. I mean on.

[75:01] I remember absolute plans on being around on June 20 First. I'm a. Roberts as well. and tip number car. Awesome. Okay, great. And if that changes within the month, just let me know. So we can kind of go from there. Thank you so much. And last we have members from the chair matters from the chair, and members of the I don't have anything. Does anybody have anything not just about being late. but other than that, if no one else with anything, i'd make a motion to adjourn. and your California would second that motion all in favor. Say, I remember California away over Absalom. I I remember Roberts I.

[76:01] And we are adjourned at 4 20 Pm. Thank you. Thanks for bang with me with this new format went pretty smooth, so thanks, Thank you. Everyone. Thanks, Laurel, for our hi guys. Good to see you all. Good luck with everything 2 bye.