July 19, 2023 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:01] Okay, recording is started. All right. Call to order the beverages. Licensing authority hearing for Wednesday, July nineteenth, 2,023. Thank you. And we will start with the instructions for virtual hearing and rules of decora. I share my screen really quick. The city has engaged with community members to go 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 lift experiences and political perspective more about this vision and the project's community engagement process can be found on our website, older Colorado. The following are examples of rules of the 4 found in the Border revised Code and other guidelines that support this vision.

[1:03] These will be upheld. During this meeting, all remarks and testimony shall be limited to matters related to the business. No participant shall make threats or use other form of intimidation against any person, obscen any racial epithets and other speech and behavior that disrupts for underwrites and Ps. The ability to conduct a meeting are prohibited. Participants are required to sign up speaking, using the name they are commonly known by an individual must display their whole name before being allowed to speak online. Currently, only audio testimony is provided online. If you are here to appear for something that's on the agenda, I will promote you to panelists, and then you'll be able to turn on your camera that way. But You won't be promoted until your item is called Next, we have approval of beverage licensing, and 30 min from June 20, first, 2,023, and I just have a quick note on this agenda. I have 9 to read. H. B. 23, 1 0 6, one, and Colorado Hospital 23, 1 0 6 one. So there was just a couple of

[2:13] hey, Lynn, I think we need to do a a member roll call first. Oh, sorry. Thank you for remind me. yeah. Let's zoom up a roll call, and then we'll go back to it. we'll just speak your presence out. member out to remember. Remember a car present. Remember California Member California. Present a member. remember, Roberts, present? Thank you so much. Now we can move on to the approval of the minutes, and just a little fixed on agenda. Item 9 should read, Hb, 2, 0, 2, 3, 1, 0 6, one. and Colorado House Bill 2, 3, 1, 0 6 great for the minutes. And there any edits? Did any members have anything that needs to be fixed.

[3:09] Okay, not seeing any. It is their emotion of my car will make a most to prove minutes number absolute second. all in favor. Say, aye, Member California will abstain number absolutely, I. And for car I, Member Roberts, I minutes approved. Thank you very much. Next we have hearing agenda issues from licensing clerk. I have 2 things to bring to your attention. The first one is that they're on the original agenda that was published in the Daily camera. There was a typo in the It is a modification of premise that a new application and the correct premise address for this application is 1 6 0 6 onstageous screen suite, 3. Folder Colorado.

[4:08] and then the second agenda issue is that for agenda. Item 7. The posting requirements were not met. so it will need to be continued for agenda. and that's all for Agenda issues. Next, we have matters from Border Police department, and I see the officer definitely. Good afternoon. Can everybody hear me? just have a couple of things I had received an inquiry regarding a incident that happened up on the hill in February. and there was a local licensee chicken on the hill that was mentioned in that investigation.

[5:00] the investigation centered around an assault or a series of assaults that happened. and I just wanted to clarify for the bla I've read all of the reports associated with that. and there was no indication that the involved party was inside or and or drinking at chicken on the hill from the reports that were filed. So I just wanted to pass that on. I do not have any investigation. into their establishment. I wanted to share with you guys I don't know if you keep up with, or our subscribers to the State liquor enforcement. advisory groups. I get their updates frequently, and I was going through some recent ones. And there are some interesting things that are coming out of that. So I just wanted to share with the group. a couple of these.

[6:07] so the if you know the Liquor Advisor group is made up of 34 stakeholders state wine. and with that 34 Member group they this year they split up into 3 subgroups to further work on different topics. and it could be topics like the marketplace could be licensing could be retail operations. So out of these subgroups, they were working on different different topics. And there's a few that they've actually the the licensing advisory group as a whole has voted on. Yeah, they wanted to share some of those with you. they have past a proposal to allow liquor stores to remain open on Christmas. Now, keep in mind for any of these. Any of these items passed by the liquor Advisory group.

[7:07] He still has to go through the legislature. So these are just items that are discussed, studied. presented public comment. Input and if the liquid Advisory group passes them, a motion on them, or language to change the current statutes or rules, then that gets forwarded to the legislature. So this is by no means none of these are by no means sure deal. So again, the first one was to allow liquor stores to remain open on Christmas Day. the second one. It it deals with hours of operations for establishments. So right now you cannot serve alcohol between the hours of 2 Am. And 7 am. There's a proposal that that be changed to the hours of 4 Am. And 7 am. So what that would mean was that bars, for instance, would be able to stay up until 4 am.

[8:10] with a proposed hard last call at 2 am. and then allow patrons to remain in the establishment after that last call at 2 am. Up until the 4 Am. Closing again. That was voted on by the entire advisory group, and it passed. And so that will be something that they will likely be presenting to the Legislature couple of things that were they? They received input on, and there I expect there'll be future discussion on these. These were not voted on. There's been no formal language presented One has to do with the self check out of alcohol, as you know, you can go to a Fmb off premise F, and be wine off premise establishment, and you can buy alcohol. And in many of those places you can use the self check out lane.

[9:07] When that happens. your little register lights up, and the clerk comes over and checks your Id. They are supposed to remain with you at that station. Whoever comes over. and it has to be a person that's appropriate age. they're supposed to remain with you until your transaction is totally complete. because they need to ensure that the person that is paying for the alcohol is the same person that they check the Id for, so that a. Or use over 21 isn't paying for alcohol, that maybe for an underage in as much as that may guarantee that. So a couple of things have been proposed like a single point of sale for alcohol at those establishments a separate counter. a dedicated lane. so we'll see what happens with that. There was a input received from the Littleton

[10:10] city of Lymph and license clerk. or actually city court. regarding just throwing out a proposal that perhaps we could do liquor, license, renewals every 2 years instead of annually. and that is a it a early proposal. I haven't seen any other discussion from the advisory group on that. so that may or may not go anywhere with each of these. from what I've read, and specifically with the expanding of the operating hours for bars. there is a specific intention to leave local control in place. In other words, it could be an opt out or an opt-in, but it would allow local municipalities to say, no, we don't want to have bars. They open till 4. We're going to stay with 2 or

[11:01] whatever they decided. So And and that's the case with a lot of these that are, they're they're heavy on trying to keep local control in place when it's appropriate. Some rules and regulations. The statutes, of course, are statewide, and they want them to apply uniformly. and the last thing they are looking at are there options for a standardized statewide alcohol service training. That would be an alternative to tips. as you know, tips has been around for many years. then they're just looking to try to see if they can standardize everything and and make it a little easier on licenses. But no further details on that. And that's all that I have. I just thought I would give you those updates from the Liquor Advisory Group. If you want to subscribe to their emails, you can. If you go to the Department of Revenue website under liquor enforcement.

[12:05] you can select the button to subscribe to their Updates. and then you will get all of these emails regarding rules and regulations. And then all the meeting links to the subgroup and the in the main Liquor Advisory group. and you can read their agendas. You can read their meeting minutes. You can look at their votes how they voted. so it. It's a good way if you want to know what's coming. to take a look at. and that's all that I have. Great. Thank you, Officer Dan. There any questions from any of the Board members for Officer Dennik. not seeing any. Alright. Well, thank you again, Officer Jenny, I'll be here. Thank you all for your

[13:00] I don't know if there's anyone from the responsible association of Retailers. The next agenda item is matters from responsible association of retailers. and if there's someone in the attendees list, if you'll just raise your hand so I can promote you to talk. Okay, I'm not seeing anyone. If Nathan makes way, then I don't know. Let him in. Next. We have agenda items, 4 general public comment for future beverage, licensing authority hearings. If anyone is here to make general public comment about something that's not currently on the agenda. Please raise your hand and I'll promote you last call for general public comment. All right. I'm not doing any Next we have agenda items by

[14:03] which is public hearing and consideration of an application filed on March seventh, 2,023 from 80's outlook. C. TV. A nose, 1, 1, 4, 3, Thirteenth Street, boulder, Colorado, 8 0 and 3 0 2. Jose Anos Aguilera, 100% owner and proposed registered manager with a premise business mailing address for a renewal of a restaurant type of liquor license. And I'm gonna go ahead and Mr. Regular to panel so he could talk and turn his camera on. No problem. Okay? And I'll hand it over to the board. You guys. Hi, Caitlin, is it okay to get him sworn in real quick?

[15:01] Mr. Secular, is there anyone else who is going to be appearing for this matter besides yourself. Okay, great. I'm just going to swear you in really quick. If you'll just raise your right hand for me. do you swear? Or from the testimony you're about to, for that is true, correct. And do you swear, or a firm that the premise has been posted for at least 10 days prior to today's team. Yes. yeah. Great. And Mr. Segue, Leo, is that how you pronounce your last name? Okay, Are you represented by council today? At all right. I'm going to go ahead and read the procedures into the record. This is a public hearing before the beverage licensing authority of the city of boulder to determine whether or not the application of applicant aidos, Llc. Doing business as aidos for a renewal of a hotel restaurant 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 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

[16:23] the license shall be renewed. Interested parties are the applicant residents of the neighborhood, affected by the licenses previously determined by the authority, and the owners and managers of a business located within the neighborhood. This hearing shall be limited to questions of whether or not there is good cause not to renew the license as set form in the notice of hearing dated July nineteenth, 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 there any exparte communication or conflict of interest from anyone on the board. Member California? No.

[17:06] under absolute, no number card. Now. Hammer Roberts, now great. And is there anyone in the attendees list that wishes to speak to this agenda item, if you could just raise your hand. not seeing any. All right. Mr. You may proceed. Well, I first and foremost. I like to thank you all for considering here and you know, meeting with me, and hopefully to understand that. I guess that we are here because yes, I fell behind in taxes. I just paid the second half of August today for the year. I know that I needed to that. the hill! It's it's a real, real real challenge.

[18:03] last winter break. I almost did not make it, and I have my landlord to thank for that. They they work with me. It's the reasons why I tend to fall behind, you know, paying taxes, but know that it's hard when you try to do it the right way. and I what I what I mean by that is it? It's being here on the hill, I mean trying to bring the different within. And I guess environment that the hill is not known for makes my my, my Java a whole lot topper It's it's a real struggle for me, and it, you know, it's the only reason why I I find I I I try to be. Oh, yeah, I'm sorry I'm in there with some. I fall behind but know that I have try to correct everything in order to continue on.

[19:03] For 8 years I've been here, and I've struggled. Try to remain positive. And now I see the hotel being Bill, the hotel that I've been hearing about for 8 years. So I'm like one last push can do this. And that's just kind of like my state of mind. Obviously, for us to continue, I do need to rely on serving wine and deal with my food because it both with my food. I don't know what else I can tell you guys, I I just hope that that you kind of take that into considerable consideration of just how hard it is to do business. up here on this here I. I am working close to a hundred $20 a week. because I'm the only one right now that it's actually handling alcohol, so I can't hire anybody. I can't afford to hire anybody.

[20:03] But I want to continue. I I just I just see the, the, the, the light, the end of the tunnel with that hotel, and if that doesn't change me, I'm gonna quit on my own terms or something. But for the meantime I just feel like I need to keep pushing forward until we see that. Thank you very much. And I have a question. Are you paid in full now? yes, I did pay that second the second half of it this year, and I do have a payment plan to catch on. So I know that that is that. Caitlin. Can you confirm that? Yes, this renewal is approved by sales, tax, and occupation today? Great. Are there any other questions from the Board members

[21:02] not seeing? Oh. no, I will. Well, yeah, yes, I will say something, Mr. Saguar. Yeah. So I said, you said that you only have a couple of employees. I'm looking at. what you supplemented here? in the packet. And yes, it looks like you have 3 employees total managing alcohol. They're gone. So it's just you just me right now. Yeah, I I did hire earlier this year, Austin and Anna. obviously unreliable people that it's just better if I don't rely on them then to try to make it work. You know it's like not, not not what I needed. and I that was early this year, and pretty much. Since. you know, they march. Things have just been enough so that I can just handle it myself. And you know, quite honestly, I for the time being. I'm okay doing it just because I feel more in control. And I feel more like I'm actually taking care of my guests better than

[22:04] of these college students that I tend to come across. You had mentioned that beer and wine go well with your food products. But this is a hotel restaurant type license. Correct? I mean, I do have spirits and all that. Yeah. And I think that's that that makes me a little more concerned around controlling that in terms of the fact that you do have spirits onsite and managing that I don't know. I'm not looking at your sales in terms of what you do in that. But if you are the one person in control, please. My one thing say to you is that be careful around spirits and hard liquor on the health. Oh, yeah, like, I don't know it. It. It's been 8 years I I can. I understand the hill a lot more than you know when I first got here. and I try to do it. But, like I I try to to to not do what everybody else does.

[23:02] and I think that that's kind of part of my strong ones. I only have to. You watch hard liquor around your sales, and that's the only thing I wanted to ask you. Thank you. All right, Mr. Did you have anything else you wanted to present? No. I think. yeah. all right at this time we will close for deliberation. Is there a discussion, a motion? I would say, given that the sales tax is paid up, and Mr. Salgaro has a payment plan. you know I think I I had no problem with this. I don't know anything about time. I guess my only concern that I wanted to mention. The discussion again was around one person handling the sale of those things. I don't know exactly how that works in that specific business. But when you do have a hotel restaurant type license, it gives you a lot of latitude to sell a lot of things. but it sounds like Ms. A. There is on it, and I'd be. I'd be willing to make a motion to approve the renewal.

[24:08] Thank you. Amber telephone number. Nope, sorry. Go ahead. You got it. I remember California would second all in favor. Say, aye, Member California. I number car. I remember Roberts. I all right. Renewal approved. Thank you so very much. Everyone. good luck. I hope that I can finally gain traction. The traction I need because I am tired. I am tired. but I got the wheel to continue. Thank you. Good to go right. Alright. Thank you. Okay. Next, we have agenda. Item 6, which is public hearing and consideration of an application found on May twelfth, 2,023, or make it love. Llc. Dba. Black Building Market, 1 6 0 1

[25:12] Peter Christian O'brien, member, Jose, the Rosenberg member, and actually often registered manager with the business mailing actress of 1, 6, 0 1, 1, 6, 3, 3, 4, 4, 8, 3, one for a modification of a hotel restaurant, to have liquor license, and one quick note on that, as well as that, since the agenda was published. The registered manager has been approved to Jeffrey Foster. and then I don't even use that here. So. and if anyone else is here to speak on this matter. Please go ahead and raise your hand

[26:02] mute. Can you see us? And that's Jeff Foster, who is our new Director of Operations and the registered manager for here. And that's actually news to us. We didn't know that that was approved already. we did submit that after we submitted Ashley left us at the end of June, I believe. And so we got that application to transfer to a new registered manager in Jeff's name as well, and I did notice. So it we're 1606, Conestoga, not 1601, and we now have the whole building. So our original mailing address was Suite number 3. But now we're just the whole building. Great. I'll make that you know, on your application or your file that we have in here. And then one other thing I did notice on the agenda is that our mailing address was 175.

[27:00] No idea who lives there, but none of us do So that I just want to make sure we had everything correct in terms of our our address for you. Thank you for that correction. That was a copy and paste error on my part, and I appreciate pretty much. Okay, thanks. And then Who is going to be tested by I think I I will be the primary person testifying in a Jose, and he's testify, he will jump in as well. I don't think Jeff has anything. Do you square or affirm that the statement you're about to give are true and correct. and do you where or from that, the premise has been posted for at least 10 days prior to today's here I will hand it over to the book great. And since you're not represented by council, I'm going to go ahead and read the procedures into the record. This is a public hearing before the beverage, licensing authority of the city of Boulder to determine whether or not the application of applicant. Bacon, love, Llc. Doing business as a black belly, mark.

[28:05] Black Belly Market. Excuse me, for a request to modify the premise of a hotel restaurant 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 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 to and to reach the conclusions required to be made by State law as to whether or not the premise may be altered. Interested parties are the applicant residents of the neighborhood, affected by the licenses previously determined by the authority and the owners and managers of a business located in the neighborhood under consideration. A record is being made of these proceedings. Those who wish to d, or 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.

[29:01] Are there any exparte communications or conflicts of interest from any of the Board members? Member California? No. we're Absalom. No number car, no member, Roberts now. Great. And are there any individuals as participants that wish to speak to this agenda? Item, if you could please raise your hand. not seeing any. All right, you may proceed all right, great So we took over the former quiz. No space. I don't know how many of you have ever been to Black Belly, but on the west side of the of our building, when we originally opened in 2,014 we had just the east side of the building. There was a dizzy don. It's next to us, and a quiznos on the west side. We modified our liquor license when we took over the Dizzy's donut space, which I believe is in 2,017 We made that by a dedicated butcher shop and market for breakfast and lunch items. And then, when Quiznos did not renew their lease we took the opportunity to take that space as well for an expanded butcher shop market grocery items and breakfast lunch service. as well as a patio on the west side of the building.

[30:24] and we would like to be able to serve alcohol, as we've been doing for 8 and a half years in our entire premise and therefore request that we can expand our license premise to include the new space. Great. Thank you for that. there any questions from any of the Board members? I just had one. There's no change in, sir, in terms of where the alcohol is going. You're just keeping everything inside the license premise and just extending that out right? There's no sort of out outdoor service outside of that right. Everything's thing inside of that premise that you're extending to.

[31:05] Well, there is a patio Yup. Exactly so. There, nothing beyond that that is, that is controlled egress. to egress locations. There. It's a permanent fence around that. it's already got signs up. It says, no, I'll call past this point just like our other patios that we have there is actually patio on the north side of the building as well. we're not currently serving alcohol there, but it is part of our license premise. so no, nothing beyond that. There is no extended premise in the parking lot. We stopped doing that once. The restrictions for the pandemic were lifted. People didn't like sitting in a parking lot. Well, we had a tent up there as well. That was during the pandemic, where we could get people outside. But that's gone. It's parking again, and we're just sticking to our patios in our dining area.

[32:10] No other questions from Mike. the only thing I had, and I'm just confirming this for your petition. It looks like you didn't have any opposed, and all were in favor that we're eligible to sign. I think there might have been one person who said she didn't drink, and therefore didn't want to sign it. But That was it? And all of the businesses that we talk to? We're all in favor. We feel like we've been really good neighbors, really good for this neighborhood, for the last 8 and a half years. So that was reflected by our petitions. Great, thank you. Is there any other questions from any other board members all right, not seeing any. Is there anything else you'd like to present with us? No, I think everything that was requested. We've sufficiently provided in our packet. And unless there's any other questions for us, we don't have anything else to add.

[33:08] Great, thank you. At this time we'll close for deliberation. Is there any discussion, any motions? I'll make a motion to prove member absolute. Second. all in favor. Say, aye, Member California, I number absolute. I and the car. I Member Roberts. I all right. Modification approved. Good luck. That's our only question. Unfortunately, with standard modifications, the State doesn't do a concurrent review of them, so I will be sending it to them. I should have plenty of time to send it to them this afternoon, and then hopefully, they'll be able to review it in a timely manner, and then once they review it and send it back to me, then I'll schedule a little virtual inspection so hopefully, no more than just a couple of more weeks. It just kind of depends on how long the State takes.

[34:22] but I will be in touch. Okay, great. Thank you very much. Thank you. Appreciate your time. Thank you. Thanks. I think we can. Okay. let's see. Next, we have agenda, item 7, which is public hearing and consideration of an application filed on May 1220 23, from Bookcliffe, Llc. Dba. Book with vineyards, 1 5 0 one. The he'll drive unit 17 boulder, Colorado.

[35:03] Tectonic enterprise is 100% owner, Christopher Allison, managing member and proposed registered Manager Jordan Dicker, managing Member and William K Thompson managing member with the premise business mailing address for a new bit. I haven't mentioned that the beginning of this hearing and the did not need to attend a posting requirements. So therefore they will need to be. continue. I do have on them statement with their attorney. he has a sandbox. Are you. Okay, if I let him in here. Okay. Hi, Mr. Stephen. awesome. Okay, I will hand it over to the board on this line.

[36:00] and if there's anyone else that would like to speak to let me know when I look at it. Okay, thank you very much. Can everyone hear me? Okay. can we just record your parents there within your city limits. I just learned literally 1520 min ago that posting did not occur. and, as you might imagine clients are quite upset about how this happened and why it happened. And so I kind of quickly had my assistant run through emails to get an idea of what happened here. and I guess what I like to do is maybe go through that a little bit with you folks and see I understand posting is a statutory requirement or the issuance of a license.

[37:01] But I was wondering, maybe given the facts of circumstances where we are if we couldn't have a special meeting of the Board within a 10 day posting period to help move this forward. So long. Story short, we file the application. Jen and Novak, my paralegal filed it And when we received notice of the posting Miss Kellogg sent the notice from July 6, 2,023 to no back. Janet L. novak@gmail.com. Not to the Dylan Bill our our email addresses. It looks like that was never responded. I never received notice of this liquor. Pros never received notice that posting was ready, so I my responsibility for deleting. It was occurring because no one said it didn't happen. No one said, Hey, you know, typically, I will get an email CC with me to say, Hey, would you please get posting on the date? Posting didn't happen on this date. What's going on?

[38:08] I was under the impression that posting had occurred. It looks like in Kaitlyn. I understand what you know doing her job setting up notice, but it went to a gmail.com address, not to a bill address. That was like July sixth, 2,023. On July eighteenth, 2,023 cable, and said another email to the same gmail.com address. I'm saying that the posters not been retrieved or posted, therefore they have to continue this hearing again. We I didn't receive notice of it, nor did anyone in my staff first to notice of this, I can tell you. Jim is no longer with us. that doesn't mean she has the intent not to give us this email or not. I don't know if it's a or not. then I can tell you that. I believe later on that afternoon on the eighteenth of July, which was yesterday an email was then sent to Jane novak@billandjoe.com saying, Hey, I don't know if getting these emails or not.

[39:14] Can you follow up Lindsey stiffs like for legal, another one of our penny legal who is now looking at Jana's emails. We've been looking since Jan has left us. found this email or tied back to Caitlin, saying, Jan is not Dill. I'll be handling out locations. I'll look into this And that was yesterday at noon. I can tell you I was never flung up by then, but obviously, as you get all the 10 day. so where we are now is This applications. One of 2 applications we spoke to pending within local jurisdictions in the State of Colorado. Obviously Blue Cliff vineyards has the location in your backyard. It was a producer level client.

[40:03] producer level license. The my client is seeking a fitness restaurant license because Christopher Allison, who, you would hopefully would have heard from today kind of interest in other restaurants for the hotel and restaurant class licenses to this family. And that's why part of this acquisition we had to convert it to also has another area in Palestine and Mesa County, and that's the other application that we've got going on now. I can tell you. I've been a direct contact with Ttv. A. Gina Jenki, who is finalizing her review of the of the 100, permit to be able to issue the win or permit hopefully within the next several days, or whatever we be in closing necessary. This obviously is hit me. What? What? What field? I just briefly, literally have 2 min to look at the meals before I jump on here, and walking through them as I see them. I know there's no way we can avoid the posting. It's a jurisdictional requirement.

[41:10] I'm going to the you need to see an understanding of the seeing how this was an existing it yours for existing vineyard operation or wonder operation in your backyard. It's not new. We're not asking to increase the density of licenses with the frequency of licenses in your area. It's just a sense we're changing on the owner. And fortunately that half in this way that if there's any way for you folks to schedule a hearing for this application, knowing that once we get the 10 day post it. we could have that hearing. Obviously, you've seen that petitions. There's no one here in opposition at this public hearing right now speaking out And I'm just thinking out loud. My pants. I apologize. I'm not making sense, or if I'm going in circles, I'm just trying to find a way

[42:03] to remedy what has occurred. yeah, they could tell you if they were to land on my desk, or anyone else here within that timeframe of knowing, posting how to get done, we would have dropped everything and made sure that got done. I think you folks know that. Unfortunately, it went to a Gmail. And this Gmail. Yeah, it's no longer with us, and by the time it got into our email queue. It was the eighteenth of July which was yesterday. so I have my clients here, you see. Jordan, I think William may also be on here as well. I don't know but just wanted to throw that out there, and we can't talk about that. Since we had this time your marketing voice for us here, and see what you folks think would be a potential next hearing date to have this been your restaurant license, which in essence is that same operation that exist now. But it's going to be a producer level. It's a retail, level license.

[43:05] so I think I've spent quite a bit wanting to hear what you folks have to say, or your person, or any questions you may have. a. And take. Take the from the you from here on that one. Hey, Lynn? quick question, where did that email come from? Good question. So that email is the email that so the Jenna I know back at Gmailcom is the email that was The application was submitted with. So when you submit an application at the City of Order. you do it through a customer self service portal that requires an email registration. And that is the email that's on this application. I will always use the email that is used. The customer cell service portal is used through. So it's not Strange that that happened. That's what the email is associated with. I have a correspond with Jenna through her dill until email. So sometimes when someone is and I don't get our response or something. I'll just look for other emails that they might have corresponded with me with So that's why I forwarded it to that email.

[44:17] We didn't realize that the poster hadn't been picked up until this Monday. So until what was back to Seventeenth When Chris and Tig went to our little pick up lockers and realized that it was still in there. So that was the first time that we had realized that it wasn't picked up. yes. So that's kind of what happened. If you have any other questions as well. Mr. Stephen, just a thought. You may want to contact Jenna, and have them put some sort of out of office automatic reply that says they're no longer with you. I feel like that. Could have mediated this whole situation. I know, but I mean though if if she would have, if the email would, it went to the Janet Dylan deal, we would have received it.

[45:02] We had somebody monitoring her emails from the moment she left. someone was monitoring her email. So when it first came into our Dylan Dill account that within 20 min, I think of getting it. I think we first received it for Dill and Dill account July, Tuesday, July eighteenth, at 1207. The response was made Tuesday, July eighteenth, at 1211. So a 4. Good response we get we. We're on that. But unfortunately we had no control over the gmail.com. I understand that. But just to a good best practice, maybe not use. It sounds like that's a personal account, that is for personal account, correct, and I don't know why it was set up that way. I don't. That's what they submitted with the application. So they submitted correct. So that was what was used to transfer the application from our office into your portal.

[46:02] So in the future, when submitting those because I'm guessing you have various staff that submit those? yeah, just ensure that they're using their Dill and Dill email account as far as a special hearing 10 days out. I know that the next 2 weeks for me I'm pretty swamped with things and work. I'm out of town, part of it. I don't know how the rest of the board member feels about a special hearing. I mean, I chime in here a little bit around special hearings. They generally are conducted, based on other extent extenuating circumstances, whereas it sounds like there might have been a little bit negligence on the part of the applicant in this part in this component because you had someone who put in the wrong email right? That was that was not a fault of licensing here in the city of boulder. I don't feel like granting a special hearing, for this type of set of circumstances makes sense to me. Personally.

[47:01] I'm willing to continue it to the next month for sure. Member car. Member Roberts, do you have any thoughts? Yeah, I I do. I I just been thinking about this. I hear kind of both sides of it. And It sounds to me like this was, you know, an oversight, and I understand. You know, businesses people moving on and leaving. yes, the email address should have been the work email address. But I mean Mr. Stevens, period in front of us a number of times. as well as other members of this firm, and I I do believe that this is a one time type of situation. I would be inclined to grant a special hearing. under like the condition like, you know this, this would never happen again, and You know the proper. He's probably to put in some sort of control to make sure that the D were submitted with

[48:03] email addresses from that are from related Member Roberts. I. I agree a lot with what Member Car said. I'm I'm more lenient. I understand that people put in the wrong email address when they're for signing up for things. And I'm not a post. I I guess what I would want to know is more about a special hearing like, how long does that take who is required, because it also sounds like a lot of maybe taxpayer dollars to hold one of these. We've got quite a few members of the city on here, so that would be my concern is best of our what? What best serves the community, and also the business. Well, not approving this until next month. Are they going to see a big impact? So I guess I need to know a little bit more. I would agree

[49:01] with Member Absalom in that. Special hearings are typically very specific, extenuating circumstances. I think we've only had maybe 2 since in in my 7 years on the board. Maybe 3 they're. They're really for special situations. And this, I agree, is just an oversight And, as I said, if it would be within the 10 days. If we do approve a special hearing, I I can guarantee I'm not going to be able to attend, and so all 3 of you would have to attend, and I don't know how realistic that is. Given your schedules. So to put more work on our licensing team has, who does a great job at everything and has done everything. They're checking all these things. I I personally don't think that that it's for a special hearing, and I I respect so much. But Mr. Statement is done around licensing. I've seen him and work with him on both sides of this throughout many years, but I I have to say special hearings along those lines. I wouldn't put that on us on the city government, based on the fact that they put in a wrong email in.

[50:14] That's all I'm saying around that. And I'm I'm willing to discuss further. And I would second member Absalom and that. And I mean, it's in a good way, Mr. Stap, and this is very out of character for your firm or anything. So typically, you have everything put together. So I do sympathize with that situation, but I think a special hearing is definitely I I don't think this qualifies with extenuating circumstances for a special hearing anybody else have anything. Yeah, I I remember I was brought up really good point about the cost to the city and to taxpayers. and I, I think. given some more of the background that you and and member have some also shared, I would be leaning to say that this doesn't seem like an extenuating circumstance based on us, and.

[51:08] like my point, remains the same. You know Mr. Steven and his team have done a great job every time I've met with them. But I I wouldn't want to incur additional costs for the city on the staff. for something that's not really our fault. Christiana, do we need a motion for that? Yes, so Somebody should make a motion either to grant the request to hold a special hearing on whatever specific date and time that might be which, if you're going to go that way, that would have to we, we should have a conversation about that. But if you're not going to go that way, the motion would be to Continue the hearing until the next Bla meeting. remember, apps will make a motion to continue this agenda item to the August pla. Hearing

[52:04] Member California would second that all in favor. Say, I, member California, I I'm rational mine over car. I, Member Roberts, I, Mr. Stapen, with your very limited time. And knowing this information, I do appreciate you coming forward and speaking to us about this and explaining the situation to the best that you could. Yeah, they again. Please understand. I don't understand. You saves the applicant's fault. Really, it's the law firms fall, not the applicant, the application of good folks try to do what they gotta do. And so I just want to make that to station on the record as well. The applicant themselves have nothing to do with this, as you probably know. Caitlin is the is the next hearing the sixteenth. or when is that? In August. August sixteenth? Yes, and then I just want to confirm that we have the right email address. So I will correspond with yourself and Lindsey and liquor pros for the. And I can put the applicant's email address in there as well for the next poster pickup, which will be available.

[53:08] All right. August. sir. What was that? August third will be available for? Pick up? Yes. got it all right. Well, thank you again, Mr. Stapen. No, thank you, folks, I appreciate both ways. You were thinking and understand how you came out. So I do appreciate that And you guys have a wonderful day. You as well. Okay. next we have agenda. Item 8, which is matters from

[54:09] that would be me. I don't have anything to mentioned to you or talk to you about today. If you guys have any questions for me, please feel free to ask cool. All right. Next. We have agenda. I am none, which is matters from licensing clerk. We have 3 applications for boundary settings. for the august hearing. The first one is for the Hopa group, Inc. Cva. Hopelessly she grill. And so you bar for permanent modification of a hotel restaurant like license application 1 0 for a Pearl Street Suite 1 5, folder, Colorado, 8 0 3 0 2

[55:01] I have some suggested boundaries for them. and that is On the north, Maxwell Avenue to high. So a Rappo Avenue east is Seventeenth Street, and west is Sixth Street, and as always, I have you still up on the map. If you want to see their current location? Or is that where they're moving? This is where they're moving. So isn't there a license premise right? Next to that space it was a license premise. At 1 point it was yeah. I took from Bar Taco, which is 1 0 for it for all straight suite one on one. And there's this 1 0 for it. And it really only went to a Rappaho. I feel like she go a little further south than that, maybe. University. Yeah, do you want to see?

[56:00] Thank you. So this is the premise. And then that is. I would agree with Chair California that we should maybe extend it to university. there's a big neighborhood in there that will be affected by that. And what happens there in that neighborhood is you have college students walking up and down to that space. And once they open up in that space, it's going to change that foot traffic. So I'd like to see that those communities in there kind of chime in what's going on with that. That space is huge. By the way, it is large. so it's going to be a lot of college kids shuffling up and down from that big space that is closer than where hop is on the Mall, and easier to access to walk up and down. So I think the larger the better on that. And I agree with Member Kyle phone on that.

[57:06] All right, I would make a motion to keep the other the northeast, south, and west premises, and then change to Arapaho Avenue for the South. said University. Right? Instead of excuse me, I read it on the map. I would second that motion all in favor. Say, I remember California. We're absolutely member car. I Member Roberts. I sorry I was muted. the next one is granite building Bar, Llc. Dba. Garage sale vintage for a new tavern type. Clicker license 1 7 0 one Pearl Street suite, 100 folder color on a 80302 I have suggested boundaries from laughing. Go coffee house 1, 7, 0 9 Pearl Street for Colorado.

[58:05] and you know 302. So that's here, and the premise is here. And those boundaries are High Street extended on the north. around a little avenue on the south, on the east, and Broadway on the west. Zoom out, for you feel like that does encompass some pretty decent amount of neighborhoods. What was it on the North High Street extent? What about on the south? Around? So that goes over Canyon, through that neighborhood? Okay. I'd make a motion to prove those boundary

[59:00] member car seconds that motion all favor. Say, I remember California. I remember Absalom. I number car. I remember Roberts. I thank you. and we'll go to the last one here. The last one is Nopolitos. I'll I'll see you. Dv. I know, for a change of location of a hotel restaurants. I've flicker license 1, 8, 0 5, 20, ninth, straight suite 1, 1, 3, 8 folder, Colorado, 8, 0 3 0 1. the suggestive boundaries for this I pull from Bj's restaurant. And so this is the application. I guess it's at 1, 6, 9, 0 20 Eighth Street, and their boundaries were. The left street extended on the North Colorado Avenue, on the South Foothills Parkway on the east and Twentieth Street on the West Member California would make a motion to approve those

[60:03] that mission. Remember, car will second that motion all in favor. Say, I remember California. Remember absolutely over car. I Member Roberts, I all right. Thank you. We didn't have any like your license transfer applications, or for a reason and distillery requests for July. and then in your pocket. You have your special event like requirements, and Your renewal is I was sent. I am going to pass it over to Christmas, because I think she has some information about the la recruitment and maybe a couple of thanks. Caitlin. Good afternoon. Everyone. I just wanted to provide a quick update on Ula recruitment. So

[61:00] We did complete a mid year recruitment for the open position on the board, and unfortunately we did not receive any applications. So now we need to wait until the next recruitment cycle begins at the end of the year for a position starting in March 2,024. So we'll keep everyone posted when that recruitment process begins at the end of the year. But in the meantime, if you know anyone that might be interested in joining the La. Please read the word that we have an open seat in the board in the board, and we'll be doing recruitment later this year. That's all for me. Anyone have a question. Yeah, I just want to ask a question independent of that. I think we talked about this briefly. but how tips training is working now with how online certifications work. Has anyone heard about this? Yet? The entire tips organization is no longer sending physical certifications to licenses, or even people who take their class is all electronic and the entire

[62:04] The company as a whole is just as they go through. This transition is taking a long time. So we have a 60 day requirement here in the city of Boulder. People are not receiving their actual certifications inside of that time. I don't know if John Ballier is connected with licensing about this yet. or one of the main tip trainers. Yeah, thank you for bringing that to our attention. We have for some some of that from our licenses. And what we've been doing in the meantime is accepting an email from the trainer for a digital certification. Basically, we'll take any documentation they have. because we understand that there have been some delays and actually getting the the cards. So we've been trying to work with licenses to come up with other options to show that they are compliant with that requirement. I said that you the last thing for understanding what's going on with that. And it sounds like the our State legislature is working on something around a state certification. So that'll be interesting.

[63:04] That's all I had. I just wanted to make sure that that's something, you know. I'm sure you guys are getting some applicants coming at you with like. I don't have the certifications. so I'm sure you understand that, because you're seeing it way more than we are. Yeah, thank you. Thanks, Kristen longer. And I see how many are some chair members in the authority. I don't think I have any. I'm I'm wondering if Mr. Stephen's gonna have to do something pro bono at this point. hey? No. And I I really appreciate you. Member car for you know, bring that up, because, you know, we do want to recognize responsible people. And and you know, people in our community who have been great about applications. but as chair. California said. The special hearings have been reserved for some crazy stuff over the years. and I'm glad that you brought that up and glad we had a discussion. I think it's good that our board here is is starting to really talk about those things. So I I appreciate all those discussions, and want to say, Thank you, guys and I I will tell you that I am going to be here at least through October.

[64:13] so I can promise you that. And I am trying to refresh people. That, too. Yeah, just some, some historical context. typically, when it's an applicant error, we just continue it to the next hearing. however, if it's what we've seen with special hearings are very contentious cases. especially if it's been a violation that The stipulation wasn't signed, or anything like that, and we know that it's going to be a little contentious and take an extra amount of time. If you know, if we couple of those in a normal hearing we'd be here to. I think we did this once, and it it was a special hearing, but it was a 12 h hearing. So it it can happen is that the res

[65:00] it was. But we also had some other things before that in terms of case china and things that had. But I think also, Matthew, we've also, if city go, if with city license makes mistake, we're willing to work with that, too, which is very rare, by the way, very rarely happens. But if there's a mistake on our end I think we're willing to go ahead and get a special hearing going if we messed up. Sure, yeah. And that that's also it's a good point, like, if we do a special hearing, for you know, Mr. Steven, his firm, then another lawyer from still us, with another issue, and then we we're now having special hearings, and that could to the bad precedent. Yeah. Very good point. Yeah, for the discussion it was. It was good to care about this perspective. Absolutely glad you brought it up anyone else have anything alright. Is there a motion to adjourn? I'll make it member car will make a motion to adjourn.

[66:01] I'll second that question all in favor. Say, aye, Member California or Absalom, I Emperor, car I I we are adjourned. Sorry it's still in your line. During it for a wait. I have 4100, it is for my my computers from record timeframe this job, guys, I mean, number 7, we almost we're gonna be faster. If statement didn't come in, you know, we could have been even, it could have been even more record. I appreciate you guys, I'm leaving town tomorrow. So I hope you guys, bear with the heat? Actually, it's gonna cool off a little bit. have a good birthday, mike. thanks, guys. thanks, everyone bye.