September 20, 2023 — Beverage Licensing Authority Regular Meeting

Regular Meeting September 20, 2023

Date: 2023-09-20 Body: Beverage Licensing Authority Type: Regular Meeting Recording: YouTube

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Transcript

Captions from City of Boulder YouTube recording.

[0:01] Okay, we are recording. All right. Call to order the beverages. Licensing authority. Hearing for Wednesday, September twentieth, 2,023 at 3 PM. Thank you. We'll start with instruction for virtual hearing and rules of decorum. Share my screen real quick. In fact. 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. Or about this vision of the project's community engagement process can be found on our website, which is Boulder, Colorado, Gov. The following are examples of rules of decorum found in the Bull Revised Code and other guidelines that support this vision. These will be upheld. During this meeting

[1:04] all remarks and testimony shall be limited to matters related to city business. No participant shall make threats or use other forms of intimidation against any person. Obscenity, racial epithets, and other speech and behavior that disrupts or otherwise impedes the ability to conduct the meeting are prohibited. participants are required to sign up to speak, only 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 for public comment. You're here to provide testimony for an application. You will appear on camera. I also will let everyone know that there is an option for Q&A in the webinar that's to use for if you have any technical difficulties, or if you have a question about how you know, like, if their zoom is having some issues or something like that? just so, you know, you can use that, but otherwise we don't use the Q&A

[2:00] else. And then, if you are here to give testimony on an application matter, I will promote you to what's called a panelist, you'll need to accept. And at that point then you can give testimony. So if you're here to give testimony on an application matter. You will stay, and you're the attendees until it's time for your but I will get to your don't worry. All right. Next we have roll call, if you'll just speak your presence aloud. A member of my counselor. Member Absalom, present member, Michael Carr. member Carp, present chair, Matt Caliphano. member California present and Member Lee Rock. Member Roberts. Present. Thank you. Next, we have approval of the Irish licensing authority. Minutes from August sixteenth, 2023. Are there any edits from any board members?

[3:00] Is there a motion member? Carr will make a motion to approve. Member absent? Would second the motion all in favor. Say, ay, member will abstain. Member Carr. Aye. Member Absalom, I Member Roberts. Aye. next I have hearing agenda issues from licensing click, and the only thing I wanted to bring up is would like to ask you. Chair. If you're comfortable. I can open agenda items 6 through 11 at the same time. So those are all permanent modifications for different circle case across the city, so I can open those all at the same time. I'll read them into the record all at the same time. and then that way, I can just swear in whoever's giving testimony all at the same time. So like liquor boss, for example, will be appearing for all those can swear them in one time, and then we can kinda just go through them one by one, and we will have to like reopen every time if we're comfortable with that. Otherwise I'm happy to do it.

[4:07] You actually read my mind. I was gonna ask you that in a second here. So I'm glad we're able to do that. But just so I'm getting this correct. We'll just have to hear what the plan is for the modification at each separate location. Individually correct? Yeah, that's right. And you'll make a motion for each one of them separately, too. You won't make like a overall motion, or anything like that, but you'll make an a motion to approve or deny, or with conditions, or whatever for each one. It'll just be procedurally easier. And we can also ask the applicants or their attorney to chime in to make sure that they're okay with that procedure. as well. But that's essentially what it would be, any kind of just minimizing as much repetition as we can. And real quick. Do we know if they're represented by council? They are

[5:00] great. I was just concerned about reading of the procedures, because each specific location alright great. And then and they do. We need to ask if they're willing to wave the readings for each individual one, or do we? Can we do a blanket. One II think you can just check in at them. Check in with them at the beginning, see what they're comfortable with doing. If the attorney is comfortable with waving it for every single one. Then we could do it that way. If there's anyone that they want the procedures or read, for then, you know, we can just hear from them about that, I think, does that sound okay with you guys? Yeah, I think that's great. It'll really expedite the process, since it's all the same. Entity. thank you. Awesome. So when we get there, that's how we'll proceed. I will move on to agenda. Add into matters from Boulder police department, and after attending it here. Good afternoon. Can you hear me?

[6:02] Okay. the only update I have is I think it's prudent to for me to advise the bla that we had been made aware of some alcohol establishments on the hill that were possibly staying open later than their zoning approval allowed for due to the huge zoning district up on the hill. and I looked into it, and licensing has looked into it. The reason that I wanted to advise you all is that if you have heard of any of those establishments that possibly are staying open later than they are supposed to. We documented at least one establishment with calls for service after their designated closing time reached out to the owner, and who has apologized

[7:09] and assured me that they will not happen again. So if you hear of any any of that rest assured that we are looking into it. I've looked into it, working with Kristen and her group. and kind of allowing zoning to take the forefront on this and co-compliance. However, when we had a couple of calls for service at one restaurant I reached out directly. because when they if they open later than they're supposed to be, and we end up having calls for service up there that we wouldn't otherwise have occurred. And that's something I want to make sure that I get notification to the owner as soon as possible. so we are taking a look at those, and we'll be monitoring So far we only have. I've only found one establishment that was in noncompliance with that.

[8:08] So that's that's all I have. Thank you, Officer Dennig. I have a quick question. And I believe you'll know the answer to this. But The ordinance is a closure of 11 PM. Is that correct? Yes, from my reading of the ordinance. It's a closure at 11, not ceasing of alcohol service at 11. And because that's a relatively, it's it's not new, but it's relatively new. Given some of the establishments located on the hill, some of them are grandfathered, and to be after that, is that correct? Yes, there are. If you read the ordinance if a license was transferred from one entity to another. and that was the grandfather clause in the 2013 ordinance. and several of them were grandfathered in

[9:03] great. Thank you, Officer Dennick. Are there any other questions for Officer Dennick from the board? Not seeing any. Well, thank you so much, officer. Denny. Thank you. I'll move on to agenda. Item 3. Which is matters from responsible association of Retailers, and I see that Mr. Good afternoon. Everybody. Luckily not much to report this month. Trainings are still jam packed full. No joke today. I just scheduled 2 more in house trainings with 2 of the members in Boulder. So everything's going good on that side of things. Like. I told you all. I'm working down there a lot now with building the cannabis chapter as well. Now so other than that, the other main thing like I said, I mentioned a few months ago, we're gonna do this patron safety training. My assistant and I are are finally putting together all the paperwork for that, and then I'm gonna submit it to you all within the next 2 weeks. And hopefully, we can get that as an agenda item, I'll talk to Caitlin about that just so you guys can have that paperwork to see what it is, cause it was something I wanted to do at the beginning of November, just to refresh your memory. Patron safety would

[10:21] be it training especially for the You know the managers and owners, but they can send anybody in the staff, and that's just to train them on everything, from bar security to alcohol poisoning to over service. as well as date, rape, and those sort of sexual abuse things that might happen within the course of kiddos drinking in the college age? And then also bringing the more mental health issues to board as well, just making sure we have a resource for folks, for patrons who might be suicidal or workers who might be suicidal during these times resources for them in the area. So I am joining forces with some of the Boulder and Boulder County nonprofits and other medical and mental health organizations to put this on.

[11:10] and I hope to have, like an official certificate and approval by you all. We're going to do it either way, because it's a great training. But I think it's just something that people can bring forward and say they were part of, at least, if you know, as a mitigating benefactor as well as being part of our so yeah, other than that, if you all have any questions, I'm always ready. Great! Thank you, Mister Dewey. There any questions from the board for Mister Dewey. not seeing any. Well, thank you again for being here. Yep, thanks a lot. Thank you. Next I'll move to agenda, item for general public comments for future beverage, licensing authority hearings. If anyone is present, and would like to give a general public comment on something that's not on the agenda for today.

[12:01] Please go ahead and use the raise hand function, or you can give me a thumbs up. and for you to talk. I'm not seeing anyone. I'll do last call. If anyone is here for general public comments for future beverage, licensing authority hearings. Go ahead and use the raise hand function. Okay? Not seen any. I'll move on to agenda. Item 5, which is public hearing and consideration of an application filed on March 20, ninth, 2023, from Rafa. Racing, Llc. Dba. Rafa. 1 8, 1 5, Pearl Street, boulder, Colorado, 8 0 3 0 2. Simon motor. I'm 100% owner with the premise business mailing address for renewal of a beer and wine type, liquor license. And if you are here to give testimony on this matter, if you'll just, you won't mind raising your hand so I can catch in.

[13:18] And I do see one person in here, and I just have to. And then, if you can turn your camera on as well. Okay, if you will say your name and spell your name for the record. Yeah. My name is Rene Herrera, RENE. Last name is HERR. ERA. Alright perfect, and then, if you'll just explain what you are representing the app. So I am the manager of the location at Rafa Boulder, which is 1815, Pearl Street.

[14:02] Thank you. Sorry, Pumpkin. We have crazy monks 1 s. Sorry about that. Okay, and then I'll just get you sworn in here, and then I'll hand it over to the board if you'll just raise your right hand for me. do you swear? Or from the testimony you're about to give, is true. and you swear, or from that the premises been posted for at least 10 days prior to today's year. Can you repeat that you broke up no problem? Do you swear or affirm that the premise has been posted for at least 10 days prior to today's hearing. Yes, okay, great. And I will hand over Caitlin. Did you read the agenda item into the record. Did I miss that? I did. I did. Yeah. okay, thank you. Yeah. Alright. And Mister Herrera, since you're not represented by council. I'm going to go ahead and read the proceedings into the record.

[15:03] Okay. this is a public hearing before the beverage licensing authority of the city of boulder to determine whether or not the application of Rapha racing, LLC. Doing business as Rapha for a renewal 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 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 the license shall be renewed. 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 a business located within the neighborhood. This hearing shall be limited to questions of whether there is good cause not to renew the license as set forth

[16:01] fourth in the notice of hearing dated september twentieth, 2,023. A record is being made of these proceedings. Those who desire to be heard shall identify themselves as 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 expart a communication or conflicts of interest from any of the board members. Member California. Pepper Carnell. Remember Absalom? No member, Roberts? No. And is there anyone here that wish it in the attendees that wishes to speak to this agenda. Item, if you could. Please raise your hand. not seeing any. All right, Mister Herrera. If you could just let us know what's going on with your license and renewal. Yeah. So I am new to the boulder community. I took over this space last year in June.

[17:03] I want to say, in January I was sent. Let me see what I have. Our liquor license renewal from the previous regional manager. and I think that was issued. Sorry. Just add that January the eighteenth, 2,023 expired May thirteenth of this year. I've just been forwarded a bunch of fees and stuff to just kind of reapply for it. And then I just got an email from the city saying, it's not being renewed this year. So I kinda just got back to them. Our Hq is based in London. So I, someone over there has been kinda handling the sales, tax ids and all that stuff. And I'm just representing the the physical location. Great. Thank you for that. Is there any questions for Mister Herrera from the board.

[18:04] I just had a quick one regarding your sales tax. Has that all been caught up and taken care of? I saw there was an email from somebody. I know our finance department. She's right now in London. and we received an email from. I think Penelope Roads, and I don't think our finance team has gone back to them. I think I do have. We do have our sales license retail license in our store. I'm just not sure. Who do we provide that to? If my finance team is on top of it, I have no communication on that end. I can confirm from the city that sales tax. Has approved this renewal, and how I get standing with sales tax as of September eighteenth at 6 pm. Excellent! Thank you so much? Mr Apso.

[19:00] yeah, I had a question, Mr. Herrera, so I'm looking at your training here, and you say that no one on your staff has currently been vendor trained because you're going through the stop change, as you mentioned, so as of right now, there's not a single person who is fully vendor trained on the staff. Not yet. Okay, yeah, it's while we're on train. We're currently not serving our call. There is alcohol still on the premises. We have some from previous events that we've had in the past. Yes. but nothing that we sell is just kind of been stuff we've handed out had advanced, or stuff that we just kind of have for staff parties in the past. I don't think the club house, which is what we call our stores, really served alcohol, I think occasionally they they have a beer. I have no plans of really serving alcohol. We don't have a tab, we don't have wine. It was something that was just kind of pushed to me through email. And I just kind of been following the process that was given to me. Yeah. So I'm hearing you say how that you're kind of like new to the the process here in town. There's a lot of things that we work on, but even having a staff party right having alcohol on your license premise is problematic if you're not trained to serve it correctly.

[20:08] So my first thing, my suggestion would be. You need to get with our AR. I suggest that with Nathan Dewey, and then licensing will help you with the next steps of what you're doing with the alcohol on site. But that being said, not having alcohol on site, not having any sort of vendor training and or response to alcohol policy on site. That sounds like you're just kind of new to it. We need to see some training on a lot of levels. Here is is what I'm looking at right now. Yeah, I think my cafe leads my barista. He, I think, originally was the first person to apply for this renewal, and then they got back to them with the training. He hasn't done it since we aren't serving alcohol. But yeah, if we do get approved, that is something that my cafe staff have to are going to be doing. And I have any questions. Do you say you didn't have anything else

[21:02] there? Any other questions from any other board members. Alright! Mister her! Is there anything else you'd like to present to us? No, I do not. This time we will close for deliberation. Is there any discussion motion? I'm glad to see the sales. Taxes haven't paid. That was a concern of mine. is also concerning that. There isn't the training policy in place or alcohol serving po policy or any. No one has tips training. So II would say, I think we need to as a can we, if we're gonna renew this, have a condition on there that all that is, you know, completed, and I would say, have the applicant come back within 90 days or so, just to report back on that status.

[22:02] Is that a motion? I mean just to. That's a discussion topic. How does everyone feel about that? Yeah, I was just piggyback on that. Did anyone read over Christiana's email an item. So in terms of those 3 things, the motion options that we have there, I think. Member car, you're right in line with one of those options. II agree. II don't think we. I don't think we can really even see this right now, but my concern is that there is, you know. there's alcohol on site and even hearing like a staff party thing that makes me concerned. We need someone on site who is a responsible vendor before we, you know, move from there. Yeah, I don't. I don't really see a reason to renew something that's not being used either. it seems. But I don't know.

[23:00] We do have the option to continue this as well. and have him come back a little more prepared next month. That makes a lot of sense to me. I think that might have been in line with with what member Carr was getting at. Per discussion. Not a motion yet, but I will make a motion to continue this agenda item until October. Under the condition that we have an alcohol policy. We have vendor training and then anything. I think those are the 2 conditions I would like to see Mister Herrera, would you? Would that be enough time for you to get with a R 30 days I can check when my staff actually have to leave for work on a business trip. I think 30 days. How is it like my whole cafe stuff going through Rer and sip training. You can start with getting in touch with rear and they can kind of guide you on how to build a responsible serving policy, and then you will need to get your staff through tips training within. It's 60 days still correct

[24:10] it is. And can I just piggyback Matthew Galen, who is the registered manager of this? II don't. I can't see. That is, that in one of the forms I'm listening. Let me speak. Unfortunately, our system that holds like all of our licenses, is down today, so I can't like in the system. But it should be. I mean, if we're still having little. Yeah, I'm looking at the packet right now. it looks like a Gordon Sauer is the registered manager. According to the liquor license, renewal, application. I think that should have been changed to me because I think II just renewed. I've sent the recent renewal forms. Okay, registered manager changes. Are, do you are required to report? So if you are changing the registered manager, and then you would need to report that.

[25:12] So that would be another thing to follow up with city licensing on but would 30 days give you the time to just at least come up with an alcohol policy, maybe even just have scheduled tips courses on the books. Yeah, let me check my email because I think I've also sent out. Let's see. I have submitted. A change of manager form. Is that the paperwork you're asking about? That would be how you would yet record a manager change but what you're talking. And I'm sorry I can't see that, because I can't get into our system where we have all okay? Cause. Yeah, I've submitted that I think back in May

[26:00] and this liquor license only if we're really planning to serve, is it? If your location has a tap or can beers. Because, you know, like I said, this is something that was just kind of thrown on me. I just filled out the forms, paid the fees. I don't plan on using it. I don't plan on solving serving aqua on my location. So that's something I still need to move forward with. so that would also include your staff parties because you are an unlicensed premise. So you would not be able to have alcohol. Yeah, everything. So. And if we're here. Do you ever raise hand here. Member Carr? Not me. I believe it's Christianity. Oh, yeah, okay. just really quick. If Rafa is not going to use their license. There is always the option to withdraw the renewal, and to just let the license expire if they don't want to go through the process of renewing it. So that's an option. But that's up to the applicant to decide whether to withdraw or to continue with the renewal application.

[27:12] And one thing we do have in our store is, we occasionally have private events at our locations. I've seen stores in on Pearl Street that don't have liquor license that serve alcohol. Do I have to? If I'm going to be doing those in the future? Will I need to apply for a temporary liquor license for events. So that would be correct me if I'm wrong, Caitlin. But that would be a special event permit. Yeah, there's a couple of different options when it comes to that. So if you have those situations in particular, then you can contact some of the licensing, and we can talk to you about those. It just kinda depends on what exactly the events look like. And while what you mentioned about other establishes without licenses, serving alcohol. We have to take that as hearsay, but that is also should not be happening if it's the case.

[28:10] Okay? So at this point. would you like us to continue this? Do you want to withdraw your application? I guess we'll have to continue it. Cause yeah, we do plan on having some future events that might have alcohol involved. Okay, so we will continue this to the October hearing in the time between now and then, if you could, our recommendation would be to get in touch with rear. Come up with a responsible service policy. See, about getting tips training for your staff, because anybody serving alcohol at any license establishment does need to be tips certified within 60 days of hunger. Yeah. alright. So, Mike, I believe you did make a motion to continue this.

[29:02] I did. Yeah. I think I made the motion to continue it. But I'm also I wanna I wanna amend it slightly to talk about registered manager and having someone who is actually understood the rules and regulations of the city of Boulders. You know, we need someone who it sounds like we have like a corporate transfer happening here, and the understanding around staff parties and things like that. And II think I need to add a little bit more to my motion, so I'll make a motion to continue this item. under the caveat that we will see vendor training. A license manager. Who is present cause I'm seeing the same thing in our document, says Gordon. Si soar on here. So I want to see a license manager here as well. Training, and then a responsible alcohol policy with the 3 things I'd like to see. That's my motion. Member. California would second that all in favor say, aye, Member California. Aye. over Absalom, I number card. Aye.

[30:01] member Roberts. Aye. alright, Mr. Herrer, we will see you next month. Alright. Okay. thank you. Wait 1 s. Okay. Before I call the next agenda items into the record. If you are present for the Circle K. MoD permanent modifications. If you can just raise your hand, I'll promote everyone to panelists, and then we'll talk about how we're gonna proceed with all this.

[31:07] Okay? And then last call. If you're here for Circle K. If you'll just raise your hand, or Mister Coates, if you can let me know if everyone is supposed to be in here. Thank you. Appreciate it. Hello! My name is Kevin Coates. I'm here for Circle K. My registration was 2, 5, 9 5. I see, Ms. Garrett's in there and mr. Holmes is down in the lower right hand corner on my screen. Maybe if he turns his video on and turns turns on his unmutes himself. Aye. I think he almost did that. But is the regional Operations director for Circle K. Here in the State of Colorado. He was having some trouble. With his internal system getting through. There he is. There's Mister Holmes. Good afternoon. Thank you. We're here perfect, and I hope we were what we I discussed with the chair earlier in the meeting. But

[32:03] our plan, if it's okay with you, is to call in agenda. Item 6 through 11. At the same time I do have to read them into the record, so it'll take me a minute. We'll read those into the record, and then I can swear in everyone one time, and then we can just go through each one and the board can discuss and then make a motion for each one, but we won't have to call them into the record. Thank you. I did hear all of that, and we will have no problem with that we certainly would wave the reading for all of them to save that time in trouble. In terms of in terms of the motion. With respect to each matter, we will ask that those be at the end of each matter. not at the end. and we will incorporate from one hearing to the next that testimony which is redundant. So, for instance, with Miss Garrett's and her qualifications associated with the petition survey, as well as the experience of of Mr. Holmes. We'll just ask to incorporate those things into each one going forward so we don't have 6 different

[33:11] sets of testimony regarding them. The same thing. All right, everyone on the board. And Chris, John, everyone is comfortable. With that I will proceed correct. Okay, so everyone just bear with me for a minute. I'm gonna read into the record the all the circle K items. as they're on the agenda, and then I will swear in, and then we'll get going. Okay. So agenda, item 6 is public hearing and consideration of an application filed on June 20, eighth, 2023, from circle case source, Inc. D. Circle case store number 27098511480 Candy Boulevard Boulder, Colorado, 8 0 3 0 2. Kathleen Cunnington, President, Vice President, Secretary and Treasurer.

[34:02] Assistant Secretary Mark, take Vice President and Monica here on Assistant Secretary, with the business mailing address of Po. Box 6, 9, 0 0 7, San Antonio, Texas, 7, 8, 2, 6, 9, for a permanent modification of a fermented month. Beverage and wine retailer off premise, type, liquor, license. agenda. Item 7. Public hearing and consideration of an application filed on June 20 eighth. 2023 from circle K stores, Inc. DBA. Circle K store number 2, 7, 0 9, 8, 6, one. 2, 8, 7, 7, baseline road boulder, Colorado, 8 0 3 0 3. Kathleen Cunnington, President, vice President, secretary and Treasurer, Dennis, tool, Senior, Vice President, Daryl Davis, Senior Vice President and director. Kim, Assistant Secretary, Mark Tate, Vice President and Monica Huron, Assistant Secretary with the business mailing address, Po. Box 6, 9, 0 0 7, San Antonio, Texas, 7, 8, 2, 6 9, for a permanent modification of a fermented month. Beverage and wine retailer offers dead liquor, license.

[35:12] agenda. Item, 8. Public hearing and consideration of an application found on June 20, eighth, 2023, from circle case source, Inc. D. Circle case store number 2, 7, 0 9, 8, 6, 5, 3, 0 4, 0 Broadway Street, boulder, Colorado, 8 0 3 0 4. Kathleen Cunnington, President, Vice President, secretary, and Treasurer, Dennis Toolell, Senior Vice President Daryl Davis, Senior Vice President and director, Kim Kowitowski, Assistant Tre. Secret secretary, Mark Tate, Vice President and Monica Huron, Assistant Secretary with the business Mailing. Address of Po. Box 6, 9, 0 0 7, San Antonio, Texas, 7, 8, 2, 6, 9, for a permanent modification of a fermented malt beverage and wine retailer off premise, type, liquor, license. agenda. Item, 9, public hearing and consideration of an application found on June 20, eighth, 2023 from Circle K, stories, Inca. Circle K store number 2, 7, 0 9, 8, 6, 6,

[36:08] 3, 1, 8, 5, 28 street boulder, Colorado, 8,301, Kathleen Cunnington, President, vice President, secretary, and treasurer, Dennis tool Senior Vice President, Daryl Davis, Senior Vice President, director, Kim Kiwaki, Assistant Secretary, Mark, State Vice President, and Monica. Here on Assistant Se Secretary. with a business mailing address of Po. Box 6, 9, 0 0 0 7. San Antonio, Texas. 7, 8, 2, 6, 9, for permanent modification of a fermented month beverage and blind retailer off premise, type, liquor, license. agenda. Item, 10. Public hearing and consideration of an application filed on June 20, eighth, 2023, from CST Metro. Llc. Dba circle K. Store number 2, 7, 4, 1, 1 0 2, 9, 9, 5, 30 street boulder, Colorado, 8 0 3 0 one CST. Diamond Holdings, Llc. 100% owner, Darryl Davis, President and Senior vice President, operations.

[37:01] park date, vice President, operation is Rocky Mountain. Brian Bednar's vice President, operations golf Kathy Cunnington, Treasurer and Senior Vice President, Global shared services. Evan Smith, Vice President Giovanna Rudya Corporate, Secretary Kim Andrews, Assistant Secretary Rocky Mountain Randy Horn, Assistant Secretary, golf. Kim Kuwitowski, Assistant Secretary, with the business mailing address of Po. Box 6, 9, 0 0 7. San Antonio, Texas, 7, 8, 2, 6, 9. For a permanent modification of a preventive mal beverage and wine retailer off premise, type, liquor, license. and agenda. Item 11. Public hearing and consideration of an application found on June 2820 23, from Csd. Metro, Lc. Dba. Circle case store number (274) 057-1844, Folsom Street, boulder, Colorado, 8,302 CST. Diamond holdings, Lc. 100% owner, Darryl Davis, President and Senior vice President, operations, mark date vice President, operation, Rocky Mountain.

[38:00] Brian Bedner's Vice President, Operation School, Kathleen Cunnington, treasurer and Senior Vice President, global shared services. Evan Smith, Vice President Giovanna Rudya Corporate Secretary, Kim Andrews, Assistant Secretary, Rocky Mountain, Randy Horn, Assistant Secretary, Golf, Kim Kiwitowski, Assistant Secretary, with the business mailing. Address of Po. Box 6, 9, 0 0, 7, San Antonio Texas. 7, 8, 2, 6, 9 for a permanent modification of fermented month beverage and fine wine. Retailer. Thank you. Everyone for bearing with me about that. Okay. I will now swear whoever's gonna be giving testimony in. So if you're gonna be giving testimony, I'll have you go one at a time if you'll say your name and spell your name for the record. Eva, you can go ahead and check. Okay, was waiting. Bless your heart, that was, that was a lot. Well done! Well done! For the record. Good good afternoon, members of the authority for the record. My name is Eva Garretson, RRET. SON. One of the owners of liquor licensing professionals doing businesses, liquor pros. We conducted the needs and desire survey. We're located at 550 Saddle Rock place here in Colorado Springs, Colorado.

[39:13] Thank you and do you swear or affirm that the testimony you're about to give is true? I do? And do you swear or confirm that the premise has been posted for at least 10 days prior to today's here? Yes, we do step. and whoever else is, gonna give testimony, if you'll just say your name and spell your name for me. Craig Holmes. CRAI, DHOL. MES. Regional operations director Circle K. Thank you. Do swear or ferment. The testimony you're about to give is true. I do okay. And then Eva testified to the attendees. So. and that's it for testimony. if I may. May we ask? the chair chairperson to to request. If anyone else is here and present. That intends to testify regarding any of the items associated with 6 through 11

[40:10] haven't quite gotten there yet. But, Gotcha, II don't sure was the right time. It seemed like it was queued up. Okay, but but please, I understand. Do you have any other witnesses that you plan on testifying we do not. Great. Is there any ex parte communication or conflict of interest from any of the Board members? Member California? No member, absolutely no. you have a car, no member, Roberts, no great. And is there anyone in the audience here that wishes to speak to this agenda? Item, if you could. Please raise your hand and specify what we'll get to that. But you'll need to specify which agenda item you're speaking to. Not excellent. Yeah, not seeing anyone. Alright, Mister Coates, if you could just record your appearance, and you may proceed.

[41:05] Thank you. My my name is Kevin Coates. My registration number is 2, 5, 9, 9, 5. I'm here on behalf of Circle K and CST, and all doing businesses. Circle K stores. I also did want to say, thank you for waving the readings of each. We do wave all of them. We we appreciate Miss Kellogg reading all of those into the record. That's a tough task. We certainly don't want to make anyone else have to read everything else into the record again, associated with the rules of procedure. But we do appreciate your time here today. Mr. Holmes is the regional operating director of Circle K here in Colorado. We will call him first, and we'll call Miss Garrett, and each given matter associated with her testimony for the petition and survey conducted regarding needs and desires. we'll call Mr. Holmes first, but with that just a brief introduction of Why we're here. We're here because of proposition 125,

[42:02] which was voted on by the public back in November, and became law, and I believe, March one of this year Serbo K is expanding their area or their footprint within the store. To include wine, and we certainly wanna give the authority the understanding of where it'll be where it's kept. We've gone through the zoning process to give them notice as well in terms of this. And that's essentially what we're we're here to tell you about today. With that being said. If I may. Yes, please proceed. Thank you. II think we'll start here with Mister Holmes. Mister Holmes, you were just sworn in. Is that correct? Correct? And could you tell us who you are, and and and what your what your title is? The regional operations director for Sir Bouquet 96 stores in the State of Colorado that I oversee on basis. How long have you been with Circle K

[43:03] 24 years you've testified in front of this authority. Different versions of it many, many, many times. Is that correct? I am in terms of in terms of this particular application. And first, we're going to talk about the store located at 1,480 Canyon Boulevard. That's item Number 6 on our agenda. Can you tell us? Why it is we're here, and what it is that we're doing. So yeah, pursuant to the passage of the bill that you mentioned earlier. We're we're wanting to add wine into our stores. And it's purely showing the designated space where that line the cells, fluorine and storage. And in terms of your operations. As far you haven't included any wine within the footprint yet to date. Is that right? Correct? We wanted to obviously be in front of the authority to get their approval associated with placement of wine product. Prior to putting any product within the store.

[44:09] Correct? In terms of in terms of the diagrams that have been submitted in the the page. Numbers for for this set of diagrams, both the before and after are are. I believe, 44 through 47. Those diagrams. Essentially, you have an after diagram that you're gonna show where the wine has been W. Will be, or will be displayed. Is that correct? Tell us a little bit about with respect to this particular store at 1480 Canyon Boulevard. Wh. What it is you're doing in this store, specifically associated with the additional wine product. I, Wandor Cooler. and I think it's a see their 2 or 3 foot white shelf that fits right next to the cooler. and then backstoc. Commiserate where we keep beer backstage now.

[45:02] and will no changes associated with the beer? No. and is the diagram that's been submitted and is part of the record that the authority have? Is it? Is it accurate in terms of where it is that you wish for the the wine products and the beer products to to remain and be kept. It is in terms of in terms of this setup. How is it that this is set up in a in a lawful manner, so that we don't have, for instance, alcohol being sold to minors visually intoxicated, or visors, or visually intoxicated persons. Well, we, we work with our our staff very diligently to make sure we're compliant with state and local laws as far as how we serve this project will be right next to the beer in this particular store, which you worked very hard with your local police department to ensure that we're compliant and

[46:00] less calls and frequent incidents of this site. So you know, I think we're in a good place from a compliance standpoint and from making sure we do business the right way. Will will anything change with respect to your training program, your policies and procedures, or your point of sale system. If, in fact, this modification is approved. No! It it will be the same safeguards we have in place now we have. Age. Restricted sales are captured differently in our stores, so it comes up as a notice on the POS. System for em to check ids require employees to scan ids instead of do the math in their head. just just to make sure we're compliant. So it's the same procedural process we have with beer in place. Now. do you have possession of this premise for period greater than one year? And are you in compliance with any school distance restrictions at this location.

[47:03] Yes. Are you in compliance with zoning at this location? Yes, and in fact, Zoning has signed off with respect to our application, and provided an approval essentially of those diagrams for zoning purposes. Is that correct? Yes, that's my understanding. With respect to needing to desire associated with this modification. Tell us a little bit about why you believe that there's a need in the area and a desire within the area to have the wine products essentially added to the current display. Well, from our standpoint it enhances the offering, obviously as a retailer. But beyond that, you did have a large vendor that was across the street from us. Prayer in that that sold these type of beverages that's no longer there. So I feel like in this particular site. It's an enhancement, not only for for us as the retailer, but for the community. As well.

[48:00] Have have customers been asking at this location with respect to wine sales, and if you're going to have wine sale. yes. and how often do they ask? My understanding is, we get a pretty much a daily inquiry. I couldn't tell you exactly how many, but I think it's it's come up numerous times since March. Does that show a need essentially in the area for issuance of this or approval essentially of this modification, to allow for the addition of the wine products. We we believe so. Which is why we're here today. Do you believe that if the the wine products are added, based upon approval by the local authority and state that in fact, you can continue to operate in a compliant manner as you have and not have issues associated with sales of alcohol to minors or visually intoxicated persons. Yes. is there anything else you'd like to tell the authority with respect to this particular location that I have not asked you a question about?

[49:04] I know I think I'm good. And and one thing I do think it's important to ask is the the placement of the product, the alcohol product at this location? One of the things that state liquor is very interested in right now. Amongst other local authorities as well, is that the placement of those products is not close to products that are essentially inviting to children. toys, candy, soda, pop, those kind of things. There's certain types of soda pop. Can you describe for us the placement essentially of the alcohol in this, where the wine will be placed in order that it's not essentially in, in spaces that will be consistent with that are consistent essentially with that that State mandate. And it's our understanding that, in fact. a regulation is possibly being created right now to to prohibit that, or to at least allow for signage to be posted. If, in fact, the alcohol is kept close to those areas. Tell us a little bit about how you plan to comply with that. If, in fact, that regulation is is placed into effect

[50:16] correct, and in this particular site. We placed it across the hallway from beer. So it's close to beer from a synergy standpoint. the way our stores flow. This would be in the take home aisle. So it's actually next to bought packages of soda and ice. The candy is in the middle of the store. so you know the store's not super big, so it's hard to get away. But from the placement that we chose for this particular site we're we're not in a direct synergy with candy or toys in this store. and if the regulation is in fact passed, and it does require signage, we certainly will attempt to comply, or will comply with, whatever its requirements are

[51:02] absolutely. very good. I don't have any additional questions for Mr. Holmes. I would tender him to the authority for any additional questions he may have. Are there any questions from any of the Board members? Not seeing any? All right, Mr. Coates, you may proceed. Thank you, Miss garrison. Yes, Mr. Coates. Hello, Please tell us a little bit about yourself, about your company and about that petition and survey process. So liquor pros has been around since 2,012. I took over the company in 2,017, and by my last count I've done over 4,000 surveys and petitions throughout the entire State of Colorado. We are a third party petitioning company, which means we do not guarantee results for the client. We just simply provide the survey, and

[52:08] the results are what they get. And how many times have you testified in front of this authority? Best guess in terms of a petition and survey that you've you've put together, how it was conducted, and and what it's results. Show. Yes, sir. So liquor pros conducted the needs and desire survey regarding the new or the modification of fermented malt beverage and wine off premises. Type, liquor license located at Circle Case store number 2, 7 0 9, 8 5, one located at 1480 Canyon Boulevard. This particular location location we did the survey on Monday, August 20, eighth, and Tuesday, August twenty-ninth we did have 6 of these. We had to get done. So so time was at the essence. We thought, whether we thought multitude of things. We try not to be emboldered. No offense around see you game just because

[53:10] doesn't doesn't help. So we did work with those in the timeframe that we had, we did obtain survey samples in and around the area closest to the area of residential in close proximity to there. Well, with this particular location we made attempted contacts and attempts with 397 business owners, managers, and residents. As you know, we have 2 packets. One is a business, one's a resident. The business packets we do ask those to write in whether they're an owner or manager at that point in time, so they identify themselves as such to the authority of the total amount of contacts and attempts. We, we obtained a total of 114 signatures in this area, 40 were from business owners and managers, 90% signed in favor with 36 signatures for a post at 10%. We really tried to focus in on finding those folks of similar type licenses in order to give them notification. The reason we did that is because that was the issue last time when 3 2 bear went away.

[54:12] and it was just applied with the fermented mall beverage. So we really wanted to make sure that we let those other outlets know. And aware, that this was coming into their area. We then made attempt to contact or obtain a total of 74 residential signatures, 58 sign in favor at 70, opposed with 22%. If we combined these totals, just the raw numbers, we have 82% signed in favor at 94% 20 opposed at 18. we do ask those folks to write in why they're in favor or opposed to this License. Because of reasons of opposition, there is case law that sometimes throws them out. If the authority allows. On page 2, we have those listed under reasons for opposition signatures. If the authority allows us to be

[55:02] kicked out, due to invalid or irrelevant to the needs and desires that actually bumps that percentage in favor up to 92 and 8% opposed. But just looking at the raw numbers, this is something that's been consistent around the State with other licenses of this type that we've done so far. It's not a huge amount that we've done, but this is consistent. It's usually still around the low seventies to I'm sorry low eighties to high seventies or high seventies to low eighties, percentage of approval which actually mirrors the fermented malt beverage licenses that we did before but the 82, given the fact that they've had the fermented malt beverage license there ahead of time still shows a positive meet and desire for this license in the area. Do you believe, then, essentially, the results your petition survey show that there's a need, a desire within the boundary given to us by the city for the modification to be approved with the addition of those wine products? Does it also show that the current outlets essentially are the term current. Licenses of similar type

[56:14] are not meeting the need essentially of need and desire of the surrounding neighborhood, based upon your petition. Correct? They are not. Is there anything else you'd like to tell the authority that I have not asked you a question about? I would, I would tend to give you the authority of addition any additional questions they may have to the extent that we have to move to admit the petition and survey we will. But my understanding is, it's already part of the packet, and the authority can take administrative notice of it. Thank you. Are there any questions from the Board, for Miss Garretson. not seeing any. Mister Coates, please proceed so essentially, we'd ask and just argue with the conclusion of this particular matter that there's been a showing of a need and a desire. There's been a showing essentially of all of the compliant issues with respect to your policies and procedures. 8, 3. Dash 5 in terms of the modification we'd ask the modification be approved because there's no one here to rebut since the prima facie case that's been submitted for it.

[57:17] Thank you. We will close for deliberation at this time. Is there discussion any emotions? go ahead. I'm willing to make a motion to approve this license based on testimony. We've heard today. There a second Kim back. Alright. We have a motion, and a second all in favor. Say, aye, member telefono. Aye. remember Absalom number car. Aye. member Roberts. Aye. modification approved.

[58:00] Thank you. If shall we move into Number 2? Very good. And actually number 2 is number 7 on our agenda. Mr. Holmes. You're here again under oath to testify with respect to the modification that's been filed for the address at 287 Baseline Road as a Circle K stores, Inc. Is that correct? Correct? And your testimony from item number 6, you incorporate that testimony into this record associated with item number 7. With respect to who you are, and essentially the generics in terms of what it is that you're doing by adding wine products or requesting to add wine products to this particular location. Correct? If you could. Please let us know a little bit about specifics, and the specifics will start with the diagram that we have there. That is on pages 82 through 85 of the packet. Are you familiar with with the the after diagram. Essentially, that we're asking. That shows the depiction of where the wine products will be.

[59:05] Yes, I am. Could you tell us a little bit about that. What it is that we're doing with respect to that diagram. we're we're writing a ncap in a small rack next to the sales counter So any large change at the site, so to speak. but it would be adding wine in those 2 locations. and the testimony that you gave before, in terms of making sure that you were in compliance associated with the liquor laws, training all other things that go along with that essentially will those continue with respect to this location. If, in fact, this approval, your approval is given. Associate with a modification absolutely. And then again, same questions associated with location of the wine products that are being added. With respect to, for instance, toys or or candy. Are your statements essentially the same as they were with respect to the previous matter. Item number 6.

[60:02] Yes, yes, we actually the and ncap chosen was the ncap that is, not have candy on the endgap. and in terms of the customers at this location. Could you tell us a little bit about? If they are asking, in fact, for if you will sell wine products, and how often? Yes, this one similar to the last or the same thing. we typically hear about it on a daily basis, weekly, for sure, since the law passed, and March, and due to Coach Prime, and where the store is at, we heard it a lot more recently is this store in compliance with any distance restrictions associated with school? Yes, and is it in compliance with zoning? Yes. and do you believe that essentially the customers that have been asking about it show that there's a need and a desire within the area for additional line products to be sold from your facility. We believe so.

[61:01] Will you be able to remain in compliance as you have in the past associated with this location, if, in fact, the modification is made associated with wine products. Yes. Is there anything else you'd like to tell the authority about this particular location that I have not asked you a question about. No, sir. and I appreciate that. I will tender you to the authority for any additional questions that they may have. Are there any questions for Mr. Holmes from the board? Not seeing any. Mister Coates, please. Continue. Thank you, Miss Garrison. You were previously sworn in. Is that right and do you incorporate essentially your comments about who you are and about how you conduct a survey, and how often you've testified in front of this authority. From items number 6 on the agenda to this item, number 7 for this location. Yes, sir. could you please tell us a little bit about essentially the petition survey that you conducted for this location here. That's at 2877 baseline road.

[62:08] Yes, sir. So Liquor Post conducted the needs and desire survey regarding the modification of a fermented malt beverage and wine off premises. Type, liquor, license for circle pay. Store 2, 7, 0 9, 8, 6, one located at 2, 8, 7, 7, baseline road. This is one of the higher percentages that we received in favor of the 6 that we conducted. We did this particular survey on dates Wednesday, August thirtieth, than Thursday, August thirty-onest. Made attempted contact with 475 business owners, managers, and residents inside the area. We have once again trying to stay in close proximity to the area, grabbing feedback all the way around. The results were of the 475 we obtained a total of 114 signatures, 40 signed in favor. With businesses, 36 or 40 business signatures, 36 signed in favor at 90% for a post at 10%. We then obtained a total of 74 residential signatures, 63 signing in favor, 85% 11 opposed that 15. If we look at just the raw numbers, we have 87% signing in favor. At 99 signatures and 13 opposed that 15 once again, we do ask those folks to write in why they're in favor or

[63:24] opposed to those particular license competition was one of the ones that came in as a concern as well. Prime was very low. But looking at the raw numbers the 87. As I was saying, in the first one, we've seen numbers with these types of this license type in adding the y of somewhere in the high seventies to low eighties this is actually an 87. So the 87 clearly shows a positive need and desire for this particular license. In this area? A. A. And taking your last statement into account does. Does. Do you believe your petition survey shows that there is essentially need into desire? Within the defined boundary given to us by the city that allows essentially for the addition of wine products at this location.

[64:13] And do you believe that the current outlets based upon your petition and survey or outlets. A similar type near the establishment are not meeting the need and the desire of the inhabitants of the residents given to us by the boundary given to us by the city of the Boundary. They are not, thank you. Is there anything else you'd like to tell. Tell the authority about this location that I have not asked your question about. No, sir, not unless they have a question. Thank you. I tender you to the authority for any additional questions they may have. Are there any questions for Miss Garrison from the Board? regarding the petition. Not seeing any. Mr. Coates, please continue. II would just state the same same position we made with respect to Item Number 6. No one's here in opposition.

[65:03] We have met or showed a prima facie case essentially for issuance of the approval of the modification application based upon. All of the items discussed in Number 6 as well. So we'd ask that the authority approve the modification great. We'll close for deliberation. Is there any discussion or emotion. Member California would move to approve the licence member absent would second all in favor. Say, aye, member California. Remember, Absalom, I. Member Carr, aye. Member Roberts. Aye. and apologies, I said. License! I meant permanent modification. Thank you. If I may continue. please do. I'm trying to have these lined up so I can go from one to the next. But here we go. Thank you very much, Miss Mister Holmes. Oh, oh, you've you've muted yourself there. Oh, there you go, Mr. Holmes, are you there?

[66:04] You you previously been sworn with respect to items number 6 and 7. Is that correct? Correct? And are your statements associated with? The generics of who you are? your experience with Circle K, and your training program. Those types of similar things are, is it the same as it is for item number 6 as it is for this item? Yes. And do you incorporate essentially those statements into this particular item, number 8 and all of item number 8 associates. The circle case stores Inc. Application for a modification to include wine products at 30 40 Broadway Street in Boulder correct and looking at the diagrams essentially that have been submitted. And I believe these diagrams are found in the packet under pages 1, 20 through 1 23. Are you familiar with essentially the after diagram in that in that packet?

[67:05] Yes, I am. And could you tell us a little bit about the specifics associated with this store here located at 30 40 Broadway Street where the wine products will be added. If, in fact, this permit essentially, or this modification is approved. Yes, it's inside the store, to the right of the front door as you enter next to take home soda. So again, keeping in mind that we need to be as far away from candier toys as possible. It's a one door cooter with a 2 foot shelf next to it. and that is the only place we have putting wine in this particular site. And is this store? You have possession of it greater than one year period of time? Is it a compliance with all school distance, restrictions. compliance with all zoning restrictions, or the zoning has essentially approved your your diagram as submitted. Yes.

[68:01] and with respect to this location, tell us a little bit about the need and the desire in terms of the clientele is going into the store, and what their thoughts are in terms of whether or not you're going to sell wine products similar to the other sites. This one is north of downtown. Neighborhood type store, and we've had several inquiries as to when are you gonna have wine in? So I think I think the needs have been similar to the other sites, and the requests have been similar as well. Is there anything else you'd like to tell the authority that I haven't asked your question about. Thank you. I tend to give you authority for any additional questions they may have there any questions from the board, for Mister Holmes. not seeing any. Mister Coates, please continue. Thank you, Miss Garrison. You were previously sworn in. Is that right? You gave testimony and items number 6 and 7. Yes, sir, you incorporate that testimony into this particular matter with respect to who you are, and essentially how you conduct a petition and survey associated with needs and desire. Yes, sir.

[69:11] please, if you could tell us a little bit about specifics associated with this particular location, which is at 30 40 Broadway Street. Yes, sir, so liquor pros conducted the needs and desire survey regarding the new fermented malt beverage. And why not premises? Type, liquor, license located at Circle Case Store 2, 7, 0 9, 8, 6, 5, located at 30, 40, Broadway Street, we did this particular survey on Friday, August 20, fifth, Sunday, August twenty-seventh, and Monday, August 20, eighth, made attempted contacts with 400 business owners, managers, and residents obtained a total of 111 signatures. This was the lowest favorable location. It is closer to the school, I believe, as well. We did have quite a few underage in there. And so what we wanted to make sure we did was or not as many. But what we did in our previous surveys is, we do

[70:08] look at the person coming to the door. If we feel that they are underage, we do ask for Id. So I do want to put that out there as well, and we've done that following suit with all the rest of the surveys we did. Of the 11121 were from business owners and managers, 17 signed in favor at 81 pose that 90 we had 90 residential signatures with 81 signing in or 73 signing in favor. 1% 17 opposed that 19 just the wrong numbers. We have 81 signing in favor with 90 signatures and 21 opposed at 19. Some of the reasons an opposition of concern. Kids in the area competition, alcoholism, traffic, and homelessness. If we remove those that don't necessarily speak to need and desire, it bumps it up to 87%. But even just the raw number of 81% in favor still shows available need and desire for this license in the area. and that the existing outlets have not yet met. That need.

[71:11] Very good. If you could tell us it sounds like you took particular care associated with this location to make sure that those under the age of 21 were not participating within the survey. correct in all areas of boulder at 1 point in time. What happens is they they shift from the summer classes to the fall classes. And so yeah, we always make sure that those those new folks coming in that are renting other places that we do id those folks in the petition and survey it. Does. Does that have any impact on whether or not you believe that your petition survey shows that there's a need and a desire within the defined boundary given to us by the city for approval essentially of this modification, allowing for wine products? And does it have any impact associated with your what you stated before, and that is is that the outlets of similar type are not meeting. The need of the area based upon the petition survey results that you provide correct.

[72:11] Is there anything else you'd like to tell the authority that I haven't asked you a question about about agenda. Item number 8. No, sir. thank you. I have no additional questions. I appreciate your time. I tend to you, to the authority for any additional questions they may have. Are there any questions for Miss Garrison from the board. not seeing any. Mister Coates, please continue. Again. Same arguments associated with and they're not really arguments. Same point, I guess. With respect to items number 6 and 7. But there's there's no one here in opposition. We've we've made a prime efficient case. We'd ask that the authority approve the modification rate will close for deliberation. Is there a motion or any discussion? I'll make a motion to approve.

[73:04] Member absent would second the motion to approve modification all in favor. Say, aye, Member California. Aye. number Absalom. Aye. member Carr. Aye. member Roberts. Aye. permanent modification approved. Thank you. Mr. Holmes, we're on. Item number 9. You're here. This is a modification essentially a 31, 85 28 street that location. Are you familiar with the diagram that's been submitted to the authority for this location, that being those diagrams before and after contained at items 44 through 47 of the I'm sorry I gave you the wrong numbers. They're at 158 through 161 of our packet.

[74:01] Yes, I'm familiar with the site. I thought this one was 1, 98, though. Well, this is item number 90, item number 9, right? And item number 9. I better make sure. Now, sometimes you have to slow down here a little bit. Okay. Pages 1 58, through 1 61 are the items that they were looking at with respect to item number 9, which is the location of 31, 85, 20, Eighth Street. Yes, I'm familiar with the site. Very good. Tell us a little bit about that the the addition of the products at this particular location. If, in fact, it is approved.

[75:04] we're just placing it on an end. Cap. Very small, offering this sight. So it's a 3 foot section across from the beer. and not on the same, and gondola as candy. Do you incorporate your comments associated with training and experience from the previous items, number 6, 7 and 8 into this particular matter, which is number 9? Yes. And do you believe that you could be compliant, associated with the laws of Boulder and the State? If, in fact, this modification is approved? I do at this location is you have possession essentially greater than one year period. Is it in compliance with any distance restrictions associated with school. and is it in compliance with zoning and zoning, has, in fact, approved, based upon our application of the footprint that's been submitted to the zoning department. Correct? Tell us a little bit about needs and desires in this area in terms of what the customer base is saying for this location

[76:06] similar to the other ones we spoke about earlier since March we've we've had a consistent traffic flow that has asked when we'll have wine, and if we'll have wine. and and do you believe that you can operate lawfully? If, in fact, this application is approved. I do. Is there anything else that you think we should let the authority know, specifically associated with this modification at the location here on 30. I'm sorry on 20 Eighth Street. I know. Thank you. I tender. I tender Mister Holmes the authority for any additional questions they may have. Are there any questions for Mr. Holmes from the authority. not seeing any of Mister Cooks, please continue. Thank you, Miss Garrison. Yes, sir, if you could tell us you were previously sworn in. Is that right? And you incorporate your comments associated with who you are and and what you've done in terms of petitioning and survey from items 6, 7, and 8 into this item, agenda, item number 9. And could you tell us a little bit about essentially the petition survey that you put together here for the location at 31 85 28 street?

[77:23] Yes, sir. So liquor post conducted the needs and desire survey regarding the new ferment or the modification of the fermented malt beverage and wine off premises. Type liquor license located at Circle Case Store 2, 7, 0 9, 8, 6, located at 3, 1, 8, 5, 28 street in Boulder did this particular survey. On Friday, August 20, fifth, and Saturday, August 20 sixth, made a tempic contact with 423 business owners and managers and residents inside the area obtained a total of 116 signatures. 39 were from business owners and managers. 36 sign in favorite 92, 3 opposed at 8%, 77 residential, 66 signed in favor, 86% 11 opposed at 14 we do combine these totals with a raw number of 102 signing in favor at 8 88 and 14 opposed at 12, the other 2. But this was one of the higher favorable ones in the area

[78:19] area at 88. Same process procedure. Everything that we did from before clearly shows a positive need and desire, and that the existing outlets have not yet met that need. Thank you. I don't have any additional questions. Appreciate that, and I would tend to you to the authority for any additional questions they may have there any questions from the board for Miss Garrison. not seeing any. Mr. Coates, would you like us just to close for deliberation? Please alright, we will close for deliberation. Is there a motion to approve? Member Carl will make a motion to approve this permanent modification.

[79:02] Member. California will second all in favor. Say, aye, member California. Aye. remember Absalom, I Member Carter. Aye. member Roberts. Aye. permanent modification approved. Thank you. Mr. Holmes. Item number agenda. Item Number 10, which is at 2995 Thirtieth Street in Boulder you were previously sworn in. Is that correct? Correct? Incorporate your statements, the generic statements essentially that you've made with items number 6, 7, 8, and 9 into this hearing? 10. Yes. And are you familiar essentially with the diagrams? Specifically, the after diagram contained within our packet at pages 196, through 199. I am, because this is the one I was looking at before. Very good, very good. If you could tell us a little bit about this particular diagram and the placement essentially of the wine products. If, in fact, this modification is approved.

[80:09] Yes, so this one has 2 racks, one right in front of the cells counter, and one right next to the Food island. Again separated from candy. but with some synergies close to the beer. little different layout in this store. Same comments with respect to the previous items that we've discussed with respect to compliance associated with the the sales of wine at this location. If, in fact, this modification is approved? Yes. and is it in compliance with essentially any distance restrictions associated with schools. It is compliance with zoning. Yes. and you have possession greater than one year associated with this location. Yes, tell us a little bit about the need and desire at this particular location. This is one where we seem to get more requests.

[81:07] again. A neighborhood store, you know. couple of blocks off the main road there. a good site that gets quite a bit of traffic. The surrounding homes. Very good. Is there anything else you'd like to tell the authority that I have not asked you a question about? No! Appreciate that. I tender you authority for any additional questions that they may have. Are there any questions from the board for Mister Holmes? Not seeing any? Please continue, Mr. Coates. Thank you, Miss Garrison? Yes, sir. Do you incorporate essentially your your comments, your generic comments from line II agenda items number 6, 7, 8 9 into this matter? Number 10. Did I get the right? 6, 7, 8, 9 into this matter? Number 10 in your previous testimony? Yes, sir. Could you tell us a little bit about essentially the petition survey that you conducted with respect to this location here? Which is at

[82:13] 2995 s. Thirtieth street. Yes, sir, my pleasure. So liquor pros conducted the needs and desires survey, regard the modification of a fermented malt beverage, and white off premises. Type, liquor license located at Circle Case Store 2, 7, 4, 1 1 0, located at 2, 9, 9, 5, 30. Street conducted the needs and desires. On August 20, fifth August 26, made a 10 big contact. The 589 business owners, managers, and residents inside this area little bit of a struggle trying to find people to open a door. However, we were able to obtain a total of 119 signatures. 40 were from business owners and managers. 37, signed in favor at 93, opposed at 8 79 residential signatures, with 66 sign and favorite 84 13 opposed at 16, we combined the total. Once again, a higher number of 87% sign up

[83:06] in favor 30 post which actually mirrors Mr. Holmes, feeling about the neighborhood needs and desires one of the main concerns in here. Just one of them was competition but the 87 clearly shows a positive meeting desire, and that the existing outlets have not yet met that. Thank you, Miss Garrison, I have no additional questions. I tend to the authority for any additional questions that they may have. Are there any questions from the board for Miss Garrison? Not seeing any at this time? We will close for deliberation. Is there a motion to approve this permanent modification. Member, California would make a motion feelproof. Member. Carwell. Second, the motion to permanent permanent modification. all in favor, say, aye, member, aye. or Absalom. Aye.

[84:00] lumber Carr. Aye. member Roberts, aye. permanent modification approved. Thank you, Mr. Holmes. last, but not least, here for us on the agenda today is item numbers 11. And this is a CST metro doing businesses. Circle K, Inc. Located at 1,844 Folsom Street. Is that correct? Correct. and you're you were previously sworn in. Is that right? And do you incorporate essentially your generic comments associated with the statements made, and all the like all of the agenda items that, including 6, 7, 8, 9, and 10, associated with compliance, associated with training and experience, your experience as well as generic operations. Yes. Are you familiar with essentially the the floor plans that have been submitted associated with this

[85:02] location, which are at agenda. I'm sorry. Packet items, number pages, packet pages number 2, 34, through 2, 37. And if you could tell us a little bit about that after diagram. And essentially what it is that we're doing specifically at this location. Specifically, the back corner on the right hand side of the store. We'll be adding a shelf and a cooler for wine. and incorporate essentially all those previous comments into this particular line. Item number 11. With respect to compliance. yes. possession greater than one year at this location and compliance with school restrictions. Yes, compliance with all zoning requirements. Yes, tell us a little bit about the need and desire at this location, if you could please. This, this site typically has a younger demographic. And it's our close to buffalo site. So we have some students that

[86:05] are enjoying the recent success of the program, and a very busy store lottery quest for wine as well. I think it's may not be as high on the spectrum. From the survey. But this one gets a quite a few requests. Is there anything else you'd like to tell the authority that I have not asked you a question about. No, sir, thank you. I tendered you to the authority for any additional questions they may have. Are there any questions for Mister Holmes from the board? What's up? Not seeing any? Mister Coates, please continue. Thank you. Miss Garrison. We're here on. Item number 11. Yes, sir, you were previously sworn in. Is that correct? And do you incorporate your generic comments with respect to line or agenda? Items? 6, 7, 8, 9, and 10 into this agenda, item number 11, which is for the store located at 1,844 Folsom Street.

[87:07] I do as well perfect. Could you please tell us about your petition? Yes, sir, so liquor pros conducted the needs and desire survey regarding the new modifications of a fermented malt beverage, and why off premise type, liquor, license of Circle case store 2, 7, 4, 0 5, 7, located at 184 Folk Street, conducted the needs of desired survey. On Thursday, August thirty-onest, and Friday, September first made attempted contacts with 392 business owners, managers and residents inside area obtained a total of 114 signatures. 38 were from business owners and managers. 33, signing in favor 87 5 opposed at 13 residential signatures. There were 76 of those 65 signing in favor, 86%, 11 host at 14. We combined these totals. Kind of married all the way around it. It was similar results which was really good and consistent. We had 98 signature signing in favor. 86%

[88:07] team opposed that 14 once again asking those folks to write in why they're in favor of pose one of the particular reasons is just once again supporting local business. But the 86% clearly shows a need and desire for this location, and that the existing outlets have not yet met. That need. Thank you very much for your testimony with respect to all the matters here today, Miss Garrison and I would tender you the authority for any additional questions they may have there any questions for Miss Garrison from the authority? Not seeing any. We will close for deliberation at this time.

[89:06] All right, so we'll close for deliberation. Is there a motion to approve this modification? Member car will make a motion to approve this permit modification. Member Roberts will second all in favor, say, aye, member. California. Aye. but grabs the knife number par I lumber. Roberts. Aye. modification approved. Thank you. I think that concludes it for us today. I don't. I think that, was it? So we really appreciate your time. Thanks for hearing all of the testimony and and listening to us. Thank you very much. Thank you. Thank you. Okay, give me a second move to where there's supposed to be

[90:08] okay. Alright, thanks, everybody. Next, we're on agenda. Item, 12. Public hearing and consideration of an application filed on July sixth, 2023, from boulder broker in Llc. Dba. Broker, swim club, slash bottom of the rocks. 5 5 5 thirtieth Avenue boulder, Colorado, 8 0 3 0 3, Jenna Williams, 100% owner and member, and Eric Jacobsen proposed registered manager. But the premise business mailing address for a new hotel restaurant type, liquor license. And if you are planning on giving testimony for this item, please go ahead and raise your hand, and I'll get you in.

[91:12] Okay? And is this applicant? represented by Council Rebecca Spence, registration number 5, 40, 30. Thank you. And remember who will be giving testimony for this. Yeah. So today we have Gemma Williams here. I believe in the the packet. It says Jenna. But it's actually Gemma with 2 M's. And then we also have Gregory Topple here. Who's going to be testifying on behalf of Ebg hospitality? Thank you. And I'll start with jump up. You will say your name spy your name for the record. Yeah. Jemma Williams, GEMM. A. WILL. IAMS.

[92:04] Thank you, Nick. You can just let us know how how you're sorry I can, how I'm affiliated. I am the managing member of Boulderburg grin. Thank you. and I'll go ahead and have you raise your right hand? Do you swear or affirm that the testimony you're about to give is true? Yes, and do you swear? Or from that the premise has been posted for at least 10 days prior to today's year? Yes. awesome. And then, Gregory, I'll have you Spain your name and spell your name for the record. Oh, you're on mute, Gregory. You're on mute. My name is Greg Topel, GREG. TOPE. L. Thank you. And then, if you'll raise your right hand. do you swear or affirm that the testimony you're about to give is trip. I do.

[93:00] Caitlin. I'm sorry II failed to mention that Erin Nicola from Oedipus is here as well, and is going to testify perfect, and Erin can go ahead and unmute if you'll say your name, spell your name for me for the record. So it's Aaron Mccullough, ERIN. Mcculla, MCCU. LLOU. GH. Thank you. and a bill. Raise your right hand. Do you swear or affirm that the testimony you're about to give is true. I did. Thanks. great. Okay. And I'll hand it. Miss. And since you're since you're representing them as a counselor, would you be willing to wave the reading of the procedures into the record. Yes, I would. Great. And is there any ex parte communication, or conflict of interest from any of the Board members. Member Caliphono were Absalom, though Member Carr, now member, Robert Snow

[94:00] Great. And is there anyone here in the audience that wishes to speak to this agenda item, if you could raise your hand. not seeing any. All right, Ms. Spence, you may proceed alright. Thanks so much. I'm I'm really excited to be here today. This is an awesome concept. I'm personally really excited to to attend it and visit it on the regular when it's open up and running. So this is an application for a hotel and restaurant liquor license for the boulder broker in Llc. Doing business as Broker, swim Club. They're seeking to open a hotel restaurant, swim club concept near cu campus. And as I mentioned, we're searching for a hotel and restaurant or Hr license. Today we have Gemma Williams here, as we mentioned to testify. We also have Gregory Chappelle here on behalf of Ebg. Hospitality, and Erin Mcculla from Oedipus, and I'd like to start by

[95:10] calling Erin and having her testify about the petition and survey, she conducted and answer any questions that the Board may have. Please do cool. Well, thank you, guys. My name is Erin Mcculla, and I am the owner owner of Eddie's petitioning. I took over owners almost 2 months ago I was doing petitions for edifice for the past 2 years before taking over ownership edit. This petitioning was engaged to perform a petition survey of the designated area to determine the needs and desires for the application of folder broker in Llc. Doing business as brokers from bottom of the rocks, located at 5 5, 5, Thirtieth Street, boulder, Colorado, 8 0 3 0 3 payments for our services was received. Upfront and boulder broker in was informed that we cannot guarantee results as we are a third party company.

[96:09] The designated area consisted of businesses along Thirtieth Street, Broadway Street and Aracko Avenue, as well as various other areas in in the designated area. It consisted of the residential buildings within a mile of surrounding this. of the accessible business and residential dwellings, a wide, ranging sample of the designated area was surveyed for this petition over 2 days of surveying on September first and Seventh, 2023 business owners, managers, and residents were informed that Boulder, broker in, was applying for a hotel and restaurant liquor license. They were asked if they were over the age of 21, and if they would be willing to provide their opinion on the licenses issuance as fully detailed on the petition forms out of the 360 potential contacts that were surveyed.

[97:00] 167 were not available or not at home. Of the remaining businesses and residences surveyed, we were able to make contact with 193 people of that number 26 preferred not to participate. 3 were new, neutral to the outcome, and 16. We're not qualified to sign of the remaining participants. 100 and 36 signatures were in favor of issuance of the license, which includes 69 businesses and 67 residents. and 2 were against issuance, neither of which were based on the needs and desires. but rather usage reasons. Stating that it's too close to campus and the other one that no reason was given overall. The general feedback received was extremely positive, as residents and businesses are excited for this new opportunity. So 98.5 6 of those who participated were in favor of issuance, and only 1.4 4 of those who participated were in opposition

[98:01] in reference to these desires, signatures 100 were in favor of issuance. Thanks so much, Erin, and it seems like the results were pretty favorable here. Would you say that there's a need and desire for this license within the designated neighborhood. Yes, I would say so. great and I'll go ahead and pass it over to the board if they have any questions, and if they do not, I just ask that Erin be dismissed at this time. Are there any questions for Aaron from the board. not seeing any Erin, you can be dismissed. Thank you, everyone. Thank you. Alright. Go ahead and call Gemma Williams up. And Gemma. You have been previously sworn in. Is that correct? Yes. Can you just go ahead and and restate and spell your name? Your last name for the record?

[99:02] Yeah. Gemma Williams, GEMM. A last name is WILL. IMS. And you're here on behalf of the boulder broker in yes. and what's your position with that company? I'm the managing member. And as the managing member, do you own a hundred percent of the company? Yes. great. And where's your establishment? Located? We're in South Boulder at 5 5, 5, 30 Street. by thirtieth, and Baseline great. And and where's your or what is your proposed opening date. We're hoping for October first. with construction and everything. We'll see. Yes, and ongoing ongoing construction in this establishment at this point. What are your proposed hours of operation at this time. 7 Am. To 1 55 Am. However, those operating hours will be really based on

[100:07] the volume and need of kind of of property, so we'd like the opportunity to be able to operate from 7 to 1 55. However, it's likely we won't utilize all those every day great and and how many days a week? 7. And do you lease or own the space. release the space? And is the landlord aware that you're applying for this H. And R. License here today. Yes. great. Like to talk a little bit about the concept. Can you just provide the board with some details about the concept and and your vision for the boulder broker in and broker swim club. Yeah, So we're hoping that this establishment can kind of be a community invigorator for residents, people from out of town, alumni students.

[101:06] kind of a unique concept to boulder in that. It's a members from club. That is based in a hotel. Yet it's open for the public. Really looking for a great quality of shared plates, craft, cocktails, mocktails serving local beer, and also kind of providing a space for games, live music. a swimming pool, and kind of another setting to watch them. Colorado sports. And yeah, so the kind of reinvigorating an old property that used to once be quite grand and lovely and putting some some life back into it. Okay? And and what's different about this concept than others in the area? So I kind of some of the amenities that I just mentioned. The size of it is pretty amazing in terms of being able to offer ample gathering space for community and the hours for activation of the property, it being able to be open

[102:08] from 7 am. To serve as a coffee and a croissant or breakfast going into lunch dinner, and then a place to kinda gather in the evenings as well. swimming pool in our mind. It's kind of a lacking amenity in Boulder. We have very few public places that you can go and enjoy, let alone get some really nice food and drinks while you're baking in the summers. Heat pretty much. The hotel we've been. They've been working on renovating it and kind of bringing it back to life as well for the last almost 3 years. Now game room will be a place that you can actually have some wholesome activities that don't necessarily revolve around drinking for all ages and place to watch sports, since most of our sports bars are pretty much gone these days.

[103:10] Turn over to the operations piece. How do you plan to manage this business? I, as the owner will be heavily involved and informed. However. I have never run a restaurant, so we have hired Ebg. Hospitality, who's a full service and incredibly experienced Hospitality Management Company to run our day to day operations. So all restaurant managers will report to Ebg. Who then will report to us as owner great. And and so it sounds like Ebg will be involved with your compliance with the liquor code. Yes, absolutely. And and how how so? Ebg has kind of developed our internal liquor policies. So they'll be on the ground to implement those

[104:00] for all hours of operation. They're the ones who will conduct the internal training, and we'll just be our eyes on the property at all time. Hmm. great! Let's move on to this last piece, and then we'll we'll call Greg up here. Want to talk about the needs and desires of the neighborhood. You've described a little bit about the concept. But how would you describe the Boulder neighborhood that the boulder broker in sits in? So it's at kind of the back of a very under utilized shopping center in South Boulder sits almost between the residential area of Mark Nakers. And then also there's South Boulder neighborhoods which are surrounding it. It is next door, the Williams village dormitories and Bear Creek student housing. yeah, it's a neighborhood that has a lot of housing yet doesn't have very many amenities. In our mind, we feel as though there aren't very many. Sit down establishments within an accessible distance.

[105:07] yeah, yes, there's fast casual, but there's very few places that you'd want to go and sit and spend an afternoon or an evening. maybe bring your parents or have a date night. So yeah, great great. And and so why do you believe this neighborhood? The designated neighborhood needs another Hr license? Kind of like I mentioned. We just feel that there aren't many places around here that are serving that restaurant need And also, it being the hotel, there's giving the hotel and amenity that actually, you can get food and drinks at and kind of round out. Your whole experience, we think, is is very important. Yes, and and so have you talked to others within the neighborhood about the concept. Yeah, we really have okay. And and what feedback have you received?

[106:02] We have received a great deal of positive feedback and quite a lot of excitement for this property to reopen and to kinda change from. It used to be a wonderful place, then went through a very rough patch with the last owners. And so it's just kinda coming back to a Tayday. We're hoping. And you weren't involved in the the last ownership structure. Is that right? We absolutely not great and so do you think that if granted this Hr license, it would help to improve the economy, health, welfare, or morals of the neighborhood. Yeah, I do. I think. providing a positive guest experience. And a swim club and lodging and restaurant and bar options, I think is very essential for this neighborhood.

[107:03] Great, thank you. And anything else you wanna you want to add here about this license before I turn it over to the board. Yeah, I guess we've since the other managers have taken over the property, it has really changed the demographic of this area. Definitely has improved the safety for residents and for students, and has really changed change that I think it's really positive. So putting in. let alone, like the improvements to the hotel. But putting in a restaurant, I think, is a really great other community invigorator that I'm really looking forward to the opportunity to be part of, and to kind of bring back this historic boulder property. Great, thank you. And II will just note to the board that I'm going to ask Greg about some of the liquor code questions and walk you through the floor plan there. So to the extent you have questions about that. It's coming up feel free to ask Jim any questions that you have at this time. Now.

[108:11] thank you. Are there any questions for Gemma at this time? I think I'd I'd I'd like to hear from the other restaurant group that's coming in, or the operator, before we ask questions of either of the witnesses that works for me. II do see a hand raised here. Hello! Sorry to hear California. I apologize for jumping the gun. Yes, my name is Kristen Tig. I'm the city of Boulder, regulatory, Licensing division. I was the application clerk for this application. I do have a couple of quick questions before. Mr. Topple. begins his testimony.

[109:01] and and maybe we can get some clarifying information on that. we're asking for information on the relationship between the licensee applicant and this hospitality entity, as we need to determine. what potential next steps would be. As we did not see this entity or any individuals associated with this entity disclosed in the application. Yes, and you know, as as Gemma had mentioned this, there's construction going on, and this is a developing concept. And so at some point when they had started, or after they submitted the application, they engaged Ebg and he helps to revamp the liquor plan, and all of the operational pieces there. So I'm not sure we're going to go through a line of questioning with Gregory as well. That addresses that. But do you have any specific questions as to the relationship? Besides

[110:14] besides that I would just ask for additional clarifying statements as to the nature of the business relationship. Whether it's ongoing or just this one time, and as soon as they're open there that relationship has ceased to exist or just what that full scope is due to liquor requirements. Sure, sure, and II will answer, and then I'll let either Greg or Gemma jump in as they're of course, the business deal makers here, but it's my understanding that this is an independent contractor relationship, and that Evg has been hired to help Gemma get up and running, and then serve as a sort of operational or general manager until

[111:07] They feel that they found somebody, or they can train somebody else to take off, but I will hand it over to Gemma and Greg to clarify and provide some further information about that for you. And I'm happy to feel that initially, if if you'd like. yeah, that'd be great. Okay, yeah. So usually, hospitality is is our Hospitality Management Company. We offer really 2 platforms of services. Sorry I'll get that hand down at some point. And one is a consulting service. That's that's really secondary to us. What we do with most of our clients, as is in this case, is an ongoing hospitality management. arrangements. So we? There's we are! We are engaged indefinitely. We we take care of you know we we are the thread, the the tie that binds. So as general managers or managers come and go, all of us, we we are that safety net. We are the the continual thread that makes sure that all standards are met, all compliance is met, those kinds of things that's

[112:19] engagement, and II don't know if it's of any help. But I'd be happy to share kind of what that agreement looks like with the scope of services involved. Is, would that be helpful to anybody, or think that that covers that? Thank you so much for clarifying. I mean, I'm happy to field any other questions for Gregory and Gemma on that extent. But and did that clarify enough? Or would you like greater detail? Kristen did that answer or help? One moment, please.

[113:15] Also, if it helps we have this same, a arrangement with multiple clients in Colorado. We have had this arrangement we currently have on with Stella's just across the way. It is. We are certainly well represented within boulder and the liver licensing authority. Yes, thank you for that. at this time Staff would ask the chair and the authority to entertain a brief recess. agreed. Go ahead. Thank you. Brief. How long are we talking here? 5 min, maybe.

[114:01] Alright. We'll see you guys back. Then you want to call it Matt. Take a brief, a brief 5 min recess sounds good. We will be here.

[117:01] Okay. I think everyone is back. So you can go ahead and resume testimony, I think, is where we're at. Yeah. And I'll just really, quickly make a note that Kristen, Tg is working on gathering a list of what information we might need. To fully process this application. Given the relationship between the business and the hospitality company, and she is working on that right now. But chair, California. If we are okay, not if we are. But we are okay to continue with the testimony for now and then we can check back in with Kristen. Once the applicant's testimony is done. Yes, Miss Spence may continue. I would just ask that Christine, interlude as soon as she finds out. Yes, and we're happy to, you know, amend or do whatever is needed here today. Quickly, on the record. So just let us know Kristen and Christiana, and and we'll get it done. Okay.

[118:11] alright. I will. I guess. Where we stopped was, did the Board have any additional questions for Gemma, or can we go ahead and move on to Greg? Please move on to Greg. Alright, Greg, are you ready? See? Can you please state and spell your name for the record once again for me. Greg Topel, GREG, TOPE. L. And can you tell me who you're here on behalf of today? The agenda Williams and the boulder broker? And what is the company that you work for, and what is your position in that company? Hospitality. a hospitality management company operating in and outside of Colorado?

[119:02] Great. And and can you just tell us in in the board a little bit about your background and your history. I know you gave us a a brief overview. But, you've done a lot. So if you could just let us know. Give us an overview. Sure. So a. A. About 5 years ago I started this Hospitality Management Company, and previous to that for just over 20 years, I was director of Operations and general manager of the Walnut Restaurant Group, which was Bradley 10, the Med. And via Perla during that time. So II have a great deal of intimacy and love for the boulder market. During that time we took our custodianship of liquor licenses incredibly, seriously, and did not have any infractions with those restaurants. And at at the Peak they were doing about 15 million dollars a year. So it was a quite the adventure 5 years ago. I left on great terms with them. Started hospitality Management company that really found its niche doing food halls. Some in Kansas City

[120:10] City, Oklahoma City. Those kinds of things. I branched out. Did some nationwide work, decided that I had been and done adult boulder market, but had very recently have now step back into it for projects such as you know, we we helped out the hungry toad and salt we're currently affiliated in a very similar style with Stella's Kuchina, a brand new restaurant that is doing gangbusters as well, and are really excited to be a part of this project. I think that kind of sums up where I've been in the last little stretch. Yeah, yeah, no, thank you. And it. It sounds like you have a lot of experience in this area. And and would you say that's potentially why Gemma came to you in the first place to seek your expertise on the liquor code and the municipal co code in the boulder.

[121:02] Yeah, I'd say that. And these folks are also thinking about reinvigorating the Mediterranean restaurant. And given that history. That's kind of where these conversations began. And then a blocked into this potential multi multi unit partnership. Okay, great. And and just one more question on this relationship. While Kristen's looking into this, II want to know about your understanding of of what your company has been hired to do in this space. So we and and this is what we do is we very commonly our company works for real estate developers who are trying to do that community invigoration. But don't have a lot of experience with food and beverage. So we come in, take over their day to day operations. As I mentioned service that safety net. Make sure that you know our we're we're we're a company of of incredibly experienced and very serious individuals within this hospitality space.

[122:03] And so we are there to ensure that that we we manage the managers. We make sure that all the training manuals, the employee handbooks, the schedules, are well written. All of the things that so many restaurants don't do so well, that's what we're there to do, and make sure that we live up to our standards, our, our, our company and our partnerships are all 100% reputation based. So a, everything that we do is designed to build long term relationships and excellence. The the name of the company is Ebg. It stands for excellence, value, and gratitude, and that's what we try to base everything great. Thanks so much. I'll go ahead and and ask you to turn over to the floor plan, and if I'm permitted, I believe I am to share my screen here. Yes, I am okay.

[123:08] And can you see my screen or no? I cannot. Yet it says that host has disabled Participant screen sharing. So I'm I'm not sure Caitlin or or members of the board, if we're able to have it in our packet materials. Okay. yeah, I'm so sorry. I'm my dogs are breaking, can you? What part? What are you trying to share? I was. I just wanted to share the revise floor plan for the establishment. II just find it to be easier to walk through altogether. But if that's not an option, no worries. We can talk it through. Only city doctors allowed to share on on public meetings. I can share it like. Otherwise I did send it in an email as an exhibit to the board this morning, and it's also on our website. But I'm happy to share the board.

[124:07] Great, thank you. Greg, do you have a copy of that floor plan in front of you. Okay? And that's the the most recent floor plan that was approved by zoning, planning and development services this morning. And does this floor plan appear to be a fair and accurate depiction of the boulder broker in it. It it is a fair and accurate depiction of what it will be. Yes, ongoing. There's on Co on going construction. Correct? Okay? Great. So let's start with the first floor. Only can you just point out or explain to us where the entrance and exits are in the establishment. Certainly. So if you are looking at it, it will call it for ease, I'd say, plan South will be the bottom plan north the top. It actually is accurate to the directions that it as it sits. But if you look at plan South, kind of in the middle you'll see something labeled Swim club Entry that we're treating as our primary entry point.

[125:17] You will see that. The other primary entry, mostly for hotel guests, is if you were to travel that almost due north you'll see a kind of a large vestibule that says to from hotel lobby, that's the in and out for the hotel guest. So those are the primary entry points. You do have a staff. a staff entry and exit plan east, which is in the lower right hand corner of what's the kitchen area? And then you have a num number number of other exits that were really used as emergency exits and will not be necessarily utilized in the day to day. Which are on. If you see that upper pool deck you'll see there's an emergency exit on the left of the upper pool deck and on the right of the upper

[126:03] pool deck, and then the only other entry access point is, if you look on the lower pool deck. There's another way to get into the hotel. That you can use on that floor as well. Great. And and I understand there are multiple floors. to this establishment. Is that right? Yes, the Boulder brokering is a 4 story hotel. and there are no other entrances or exits besides emergency exits on those floors. I think that sounds accurate. Yes. There's there's Stairwells. I think you could consider those those back Stairwells staff staff entry and exit, so I don't know if that qualifies as if they're not necessarily guest facing. Yes, the guests will go through the lobby and hit the the elevators and stairs and stuff. Yeah, then, and on the stairways. to those aren't entrances and exits to the establishment themselves, though correct. And can you talk to me a little bit about who's going to be monitoring this swim club entry and the the 2 from hotel lobby space where guests will be entering and exiting.

[127:22] So there's the the Swim Club, though it's it totally surrounded by the hotel itself. We're treating it operationally as it's in its own independent. So the the entry points the Swim club entry that you see there. If you follow that hallway down you'll see kind of a small triangular best of goal. There is a there is. It's a reception desk for lack of a better word, a host station where members will check in where we determine exactly what you want to be doing with us, and we can kind of direct traffic that'll be manned 100% of the time that we are open. The other. The the entry into the hotel area is always going to be monitored by our managers and floor staff. Each of the designated rooms, upper pool, deck, lower pool, deck, game room.

[128:05] dining room are all going to have servers, and and during the height of it there'll be 2 servers per geographic area. There'll be 3 managers, and that's just in the front of the house, the kitchen staff entirely. During that time. That that's who's monitoring the entry. The exit, the alcohol consumption, all of the above within the within the lobby itself. Of the hotel. Though we are all one shared entity. We also have another group that's helping us man the front desk and take hotel reservations. They'll be stationed there as well. great. And and you mentioned, there would be staff in each geographic area. And by that you're you're meaning each room that's kind of designated on the explore plan is that? Yeah? If you wanna think of it as 4 rooms, really for front of house, facing there's another flex storage room, which is just exactly as it says. It's just a storage room and then kitchen. So if you wanna think of it, maybe as 6 locations.

[129:07] the forefront of the forefront areas that are are guest facing would be lower pool, deck, upper pool deck. What we're calling game room, what we're calling dining room. and those are manned in that way, and that those are guest space great. And can you point out to me how, or describe to me rather, how a patron would would enter and order alcohol in each space. so guess as they come to the door, will be checked in, and, as I say, kind of sorted into what they wanna be doing and where they wanna be doing it. Once they're in there. There they can order. Assuming that they are of age. They can order at the main bar, or through a server on the floor. Great. And and can you describe where each of the the bar spaces are? Is it just that main bar or, yeah, there's a main bar, and then a seasonal bar on the outside, which is going to be on the upper pool deck far left side.

[130:08] Okay, right? Right near where it says, bar locked. Storage. Correct. That's the one in the same. Yes, okay, great. And so are there pos systems at each of these locations. Yes, as well as station throughout each of the spaces. Also utilizing handhelds for certain areas as well. Okay, great. And how do you handle? II understand this is a hotel as well. How will we be handling the room service orders, ordering alcohol to the rooms and and transporting throughout the venue. So there will be a QR. Code in the room that will allow a guest to order food or beverages that will be ordered by the guests using their cell phone and then it will be run from our kitchen to these various to to directly to the guest rooms only by our servers and managers.

[131:03] and and where are patrons able to drink alcohol? Throughout the establishment? So we go ahead. I'm sorry. Go ahead. No, go ahead. So within the Swim club they'll be able to do so. And within their guest rooms they'll be able to do so. Okay? And so, if a guest was in the dining room, would they be able to drink in that area as well? No, in the dining guest? Yes, they can as long as they got the drink from the restaurant, they can drink it in the dining room. But we are again operationally keeping these entities very separate right? And so they they can't go from their guest room to the dining yup, okay and that's the same with the game room correct, they can drink in the game room. They can drink in the dining room, they can drink on the upper pool deck and on the lower pool deck. Season and weather permitting, perfect, and, as far as food goes, where our patrons able to purchase food

[132:04] same idea, they they could order it from the bar, but mostly the food service is gonna be taken care of by our servers. Okay? And and how are and where are you planning on storing the alcohol? I know that we have some designated areas. On this first floor and second etc. floors. Can you just point those out or describe those to us, and and how they'll be locked if they'll be locked. Yes, all of them will be locked absolutely. The the 2 bars will have some, you know, beer and wine stored within lockable refrigeration. If you look plan south of the main bar there's a large liquor large, there's a liquor closet there they'll be stored there. Beer is a walk-in in the in the main kitchen that our white wine storage will be will be storage, and then there's one more storage area which is labeled as lock liquor Storage on the far East east side of the plan. In the upper right hand corner.

[133:08] Great! And do you happen to have the the second floor? Ii do. That is in the packet as well. If you look at it. It does have a bar up there to be honest, that that bar is going to be utilized for events. Only. So it's it's it's just an event bar that gets activated when and if there is an event, a wedding of something like that. Okay? And there's a liquor storage on that floor as well if you look at it. Yeah, there is there. There is a a plan, nor just north of that bar. There's another liquor room again. That's only going to be utilized for events. and who has access going back to the the first floor again? Just generally, who has access to all of these locked liquor storage spaces. What type of lock are you using? Talk to us a little bit more about that.

[134:07] So active front up house managers as well as lead or opening bartenders will have access to these liquor areas. They are all gonna be locked with padlocks and door locks, except for the refrigeration which are just keyed. Door locks. Okay. perfect. And and you mentioned it before 2 staff members walking around per location. Does that include the staff at the bar, who will be serving drinking at the height of it. And again, we're hoping that the volume dictates it, but the main bar could have up to 3 bartenders. The exterior bar could have up to 2 bartenders, and those would be in addition to not instead of servers. Okay? And and how will the servers and the bartenders be monitoring alcohol consumption within the establishment.

[135:01] so as as as a rule for Evg and for the boulder broker in all of our all of our employees are tips certified. All of our employees are, comprehensively trained by internally, and through that tip certification. So all of them are gonna be monitoring alcohol consumption, underage drinking, or intended underage drinking over intoxication. All of those things. They are gonna be incredibly well trained, and then reinforce time and again the importance of our reputation, the seriousness of the custodianship of the liquor license. They will, it is their obligation. It is the hourly staff obligation to be the eyes and ears on everything, but once they they. So it's their job to to notice and to report to management if management hasn't noticed. But managers will be the the tip of the sphere on every interaction that has to deal with cutting off a guest, finding them a safe ride home. Any interactions with anything that is management level?

[136:02] Okay? And and how do you train your staff to recognize intoxication, and when somebody should be cut off we do follow the the tip certification. But you know it's it's slurring of your words belligerent or altered behavior. higher volumes. exaggerated motions, unfocused eyes, unstable movements, those kinds of things. And I'm I'm just gonna ask you a couple of questions about how you train your staff in in the internal policies. That you've helped the boulder broker in to put into place. So who must be present in order to be served. Alcohol. I'm sorry, and it is one id with 1, one id with one person gets one drink. That's just how it goes. You can't show up with 2 ids. Get multiple drinks. You can't. You can't vouch for somebody that's coming. It's one id, one person, one drink.

[137:08] Okay, and what's your plan for handling vertical identification card? We're not taking vertical id card. Okay? And it sounds like you've talked a lot about tips. But just to confirm, will you have your staff? Take responsible vendor courses and and have you implemented any of your own internal courses? Yeah. And so, going through the training. Again, we take in and build upon what tip certification does? We we definitely take it to the end degree. As for a multitude of reasons. But yes, in order to serve alcohol in our restaurant all front of house staff members who touch alcohol will need to be tip certified. Either before they come in the door with proof of certification or within 60 days of hiring. We are also going to. We also conduct a an in-house tips class which is available to our staff on our dime. Every 60 days as well.

[138:08] Great. And so it sounds like you're aware of your service obligations and requirements under the liquor code. Yes. and you'll train staff members to be aware of the laws governing the service and consumption of alcohol. Absolutely. Yes. and you will inform Staff that a liquor violation can result in criminal penalties for them individually. Yes. and you'll inform your staff that a liquor violation can result in administrative penalties for the boulder broker in. We will inform them about that, and it will result in that. Yes. and switching gears. It sounds like there might be some live music here. Is that correct? Yes, and and what are your plans for that?

[139:01] So a again, as the concept develops. We're gonna see, we? We have aspirations and great ties with some live music. But for right now Friday and Saturday nights, featuring a Dj is is gonna be the the start of it. But we do. We would love to see some, some trios and some live music in there as well. okay. And can you? There's a designation on the first floor of where the Dj. Booth is going to be. Does that appear to be a fair and accurate description of its location. At this time? It does, and it is, yes, okay. And so how do you plan on regulating crowds for the live music. So because it's a a members, a a membership driven swim club. The the entry way inherently is going to be just monitored a little bit different than just strolling into a bar or restaurant. So we do have to ascertain things. So there's going to always be somebody there. But when there is live music on those Friday and Saturday nights. Will a add an additional doorman who's gonna be in charge of door controls? You know.

[140:06] gonna identify people for their age, and then if we ever get to you know a a Max capacity they'll be in charge of in outs. We've got some great relationships with okay. And will this addition of live music change the way that you serve alcohol in any way? Other than the entry? Not so much, you know, you can still order from a server or from the bar. Okay? And so through a point of sale system, correct. and you'll handle intoxic intoxicated patrons in a similar fashion as you previously described. Yeah, I mean to say that we're going to be more hyper, vigilant, just hyper vigilance at all times. Yes, but again we we have a track record that we're very proud of and honestly is is not only good for us on a business level. It's good for us at a sleep project. Sleep at night kind of a level. So yes, all of it. We will be hyper, vigilant at all time and instill that as an absolute must for all of our managers and employees. Yes.

[141:16] yeah, it might be difficult to sleep if there's a base bumping. Yes, yes, and so are you aware of the boulder municipal code? Noise, violations and and acceptable noise levels? Yes, ma'am. okay, and you'll ensure that the music will conform to permissible decibels levels. Yeah, we, as a group will. Yes, our our managers and employees. Yes. okay. great. Let me move on to just the last piece that I have for you guys.

[142:02] Greg, why do you believe the designated neighborhood needs another Hr. License? What the Williams family has done down there has been pretty spectacular. I don't know how familiar everybody is but it it it was the the boulder in its heyday. The boulder broker in his heyday was really something special. What happened between then and and a few years back? III can't speak to, but the end result was a very kind of a downtrodden area. They are bringing it back a piece at a time, and then there's there's absolutely nothing like this. I spend my life in in restaurants and hospitality. And I, you know this, this concept is very unique, very exciting. And it's it's, you know, it's gonna be an incredible thing for for families, for for students, for, like Gemma, said Alumni, I it. The excitement level is huge, and it it is definitely something that I see as as an attractant to the and certainly not competition for anything else that's going on down there. I think it's going to be something special. I'm really excited about it. And yes, II think the area needs it.

[143:08] And and so you think that, or do you think that if granted this H. And R. License to the boulder broker in it would help to improve the economy, health, welfare, or morals of the neighborhood. Yes, I do. Okay. And anything else that you you want to add. Before I turn it over to the board. No, just that. I like, I said II do a lot of hospitality outlets, and this one, with its uniqueness and its structure. And it's intense, is something very exciting. Thank you. And I'll I'll go ahead and turn it over to the board for any questions that they have for Greg before we get to that point. Is there any update from Kristen? Yes. Hello, thank you. Authority, members and applicant for allowing the time to to pull the the exact specific code sections that were

[144:08] interested in receiving more clarification on the first one of those is under is in Colorado liquor rules regulation, 47,318, under owner manager. and then the secondary portion of that is under Yep, I just sorry. just had it. 47, 3, 10. It's a section d and and without. And and it it appears that this business agreement between the applicant and Mister topples business arised after the application had been submitted. and then also with

[145:02] this we we need to kind of clarify if you know, for a formal hospitality. Hospitality management agreement is in place and we need. We have a Mr. Jacobson listed as the registered manager on the application, and not Mr. Topple. So those are a couple of the different things that we're looking at here. I would love to address the last first. I'm sorry. Is it? Is there something I can speak to please. Yeah. So Eric is. Is is the manager of the the property as well. And to be clear, we're we will always have a general manager in place. So it's it's it, is, it is, it is. It's a very common hospitality management structure. So we are. We are managing the managers, and so that that I'm hoping is not atypical to you folks.

[146:09] No, no, it is not atypical. We do see several of our licenses that have hospitality management companies that they employ. But by virtue of that, under the liquor code it does need to be disclosed. We do need to review that agreement. For several different things. And then, if it rises to that level, individual owners of that business do need to be background checked with an individual history report and fingerprinting or so I believe that our city attorney's office Attorney Mccormick could make the recommendation there, or I can either one. Yeah, thank you. If it's okay for me to chime in here to your California.

[147:03] Absolutely, please. Thank you? So because we need some additional information. As Kristen pointed out, there's that regulation 47 through 18 that talks about you know, just the requirements for managers and and things like that. And so what? Just kind of repeating initially what she said. having that agreement between ms. Williams company and Mr. Topel's company, will be important because we need to understand what the you know financial relationship is whether there are any financial interest that we need to be aware of so that we can know who needs to have a background check and who needs to fill out an individual history report. That's that regulation is why we need that information. So with the need for that in additional information. There are a couple of things that you can do if if the board feels comfortable.

[148:02] Approving the license with the information you have now. I'd suggest, adding a condition that no license is issued unless and until we get that information, the agreement and any background checks or individual history ports are completed and passed. Obviously and that could be in addition to any other conditions that you want to impose or you always have if you're not comfortable. Approving the license with the information you have today, you can always move forward continuous to the next time. I personally don't feel comfortable without that information moving forward even with the stipulation, because part of our requirements are to with a good moral character, and some of that can be presented via a background check. And so, not having that information and simply saying that because it's been conducted

[149:04] without our review. II don't feel comfortable moving forward. I would prefer to continue this, but that's my take on this. How does the other Board members feel? III concur trigger Alfono. I believe we should continue this until we have all the information in front of us. I am also in an agreement, but I will also say that there's a lot of like levels of understanding. There's various bars, the license premise. In my opinion. There's more things that I'd like to see in this application on top of that. So just just that being said, I mean, all I saw from this application was the license premise and a and a policy that's all we saw. So I think there's more to this. This is a very big undertaking. So, despite missing that crucial background information on this relationship, this business relationship. I think there's more to be to to this application before we even look at it. To be honest.

[150:03] So yeah, I big emotion to continue this the next month. Remember, Caliphana would second that all in favor say, aye, member California. Aye. remember Absalom. member car. Aye. Kimber Roberts. Aye. alright. So if we can just get that application tightened up, especially with the business relations. See if there's background checks. We can assess this next month. And member, Absalom. If there's any information you were saying, there's information. In addition to that, it would be probably helpful to the applicant to understand what you're looking for before we close out, and everything. And we should also just provide them an opportunity to ask questions, to make sure. Everything is clear before we wrap up. Sure, thank you, Christian. I just want to say the first thing is looking at. Your staffing and I saw your staffing numbers within. I don't see any training associated with that right. I know you're in construction phase right now, and I totally get that I'm concerned a little bit about safety around the pools. I'm concerned around a lot of things around how alcohol is being managed in spaces. I can see your license premise lined off. I

[151:17] I'm looking at a security company to to the to the size of if you're gonna have a Dj and events, I'm seeing there needs to be more regulation around how you're managing those ex like the wrap, the exits and entrances and people coming in and having accessibility to the the bars that you have. There was a mention there, I think, by Mr. Topo, that said, Yeah, we'll use that bar seasonally. I think I'd like to see that in a plan. What season are we talking about? How are events being managed? There's there's several things at the scale of this. Then I think we need more detail to if there's any questions you have for me. Specifically, I would say, more detail would be great and then get with our Ra partners. You know, people in town who are trying to help you with this. But there's a lot of questions I would ask you already, just looking at that based on. You know, we're gonna have a Dj at one time. There's a seasonal bar at one time. There's pools onto level. I mean, there's a lot of things security wise that concern me. I would even contact officers, Dennis, about this

[152:14] would be my suggestion. We're happy to entertain any suggestions that you have. And, Rebecca, I'll let you just kind of speak to what you want to to know and what we want to do here. So yeah, no, II believe, and I'll have to go back through that. We've submitted a number of policies and and documents, so we'll just have to go back and and double check that those got into the packet. But I appreciate that the distinction and and detail that you're asking for, and we'll be sure to do that. Ii also think that it would. It would probably be helpful next time for me to just present the floor plan on the board, so everybody can see where I'm pointing to, and if that means we can come in person, or whatever you need us to do to make that happen. We'll brainstorm. But if you've seen other people do it in a different way, and you prefer

[153:21] us to walk through the floor plan. And that way, please let us know, because II think that's maybe where some of the confusion is. It's a big space. It's a big establishment. It's hard to just listen in and imagine rather than have it being pointed out. And so I do appreciate that. And the opportunity to continue the license. yeah, III do think that what you'll find is nothing concerning. But II understand your concerns at this point with reviewing Ebgs application and that sort of detail that you're craving here. So we'll make that happen. And

[154:03] yeah, II just turn it over to Gemma. If she had anything else she wanted to add, or may add something in terms of what you're saying. The scale of your capacity, the answer that we heard about managing alcohol. Mr. Topol was around his servers and bartenders. And I just don't see that as any sort of way of managing that amount of people in that space is was the first thing I saw. And licenses of that scale have employed security companies in the past, that's all I'm saying along that sort of scale of your app capacity. Right? Right? And that's that's just that's that's my concern. I mean. I wanna make sure everyone's safe. Sure. we all share. We all share that concern absolutely. And again, I'm I've done many extremely high buying places, and if there was, if we have the volumes here to warrant a security company. Then, by all means, I would love. That'd be the case.

[155:00] you know. II echo Member Absalom's comments about security. The one thing I was also looking for is since its location, so close to Willville and the students. I I'd like there to be some conversations and acknowledgements that there are a lot of underage folks in that area, and awareness that there is a a higher risk of underage customers or folks who may have, you know, pre gaming, and there's a higher level of intoxication as potential, absolutely positive. Yes, and especially with the pool and everything else. Yeah, this this place is intended for kids intended for everybody from all ages that that's by design what we're trying to achieve here. So but please, absolutely the case. Yes. yeah, II do know that there was conversation around wristbands, or some way to just to make that distinction between underage individuals immediately upon meeting that host stand or going through the hotel lobby. And so I know that there are conversations, and that is a a concern that was brought up. You know. I they've been having weekly meetings.

[156:10] bi-weekly daily meetings on this, and that's been a concern and a topic of conversation in every single one. So they're thinking about it. We'll be sure to explain that and show that to you in the next October meeting. Great, we look forward to hearing it and seeing all those details. But thank you for today we appreciate it. Thank you. Okay. thank you. Aluminum

[157:04] we will move on to agenda. I have 15 matters from assistant City attorney. Thanks, Caitlin. II don't have any new matters for the bla today. But I will ask or provide the opportunity for you guys to ask me questions. You can always reach out to me directly by phone or email, if I've provided you memos, or something like that. But this can also be an opportunity for you to ask questions. about anything you want, so please let me know there any questions from the board. Well, thank you so much. You and Kristen both for jumping in to day. Course. Thanks, you guys. Thank you. Okay. Next we will go on to agenda. Item 14, which is matters from licensing. Click, for boundary settings for today.

[158:01] The first one is for dealing companies out of C. Dv. 8, super 33. For permanent modification of the fermented malt beverage and wine, retail premise. type, licker license at 3,600 table mesa drive, older. Colorado, 80305. Let me share my screen so I can get the map on here for you. The suggested boundaries that I've pulled are, from their permanent modification, application from 2,018. Those boundaries were Darknet to Broadway to Highway 36 on the North city limits. On this, though Highway 36 to Morehead Circle extended on the east, and then city limits on the west. California would make a move to approve those boundaries. Second, those boundaries

[159:01] all in favor. Say, aye, Member California. Aye. number Absalom, I Member Carr I and Robert's. Aye. thank you. Next, we have daily companies, liquor, license application at 1 6, 5, 5, 0 Thirteenth Street, boulder, Colorado, 8 0 3 0 1 and the suggested boundaries are from the original application, and that is Belmont on the north. Baseline on the cell. 50, Fifth on the east, and Folsom on the west member California, would also make a move to approve those month or those boundaries member Carr would second that motion all in favor, say, aye, member California. Aye, member Absalom. Aye. Rakar, I.

[160:01] Member Omer's. Aye. thank you. Next we have circle holdings 2 0 1 5 lst. Dba Fuji Restaurant bar for a new hotel restaurant type Linker license application at 2 0 1 8 Broadway Boulder, Colorado, 8,302. These boundaries are also from their original application. This application, their liquor license lapsed, and then they were past the 90 days for them to apply for a renewal. So they're reapplying. So that's why it's from their original application. But those boundaries were. Maxwell extended on the north. Arapaho, on the south. Twentieth Street, on the east, and Eighth Street on the west. Member California would make a motion to approve the boundaries. Member Roberts will second that

[161:00] all in favor. Say, aye, Member California. Aye. member Absalom, I. Member Carr. Aye. member Roberts. Aye. thank you. And the last one is Bouldershack, Lfc. Dba. Main shack for a new hotel restaurant ticker license application at 1 6 0 one Pearl Street suite, 1 1 0 boulder, Colorado, 8 0 3, 0 2. I pulled the suggested boundaries from foolish craigs, which I'll just do the right next door to the location and those boundaries are Elder Avenue, on the North Pennsylvania Avenue, on the South 20 Sixth Street on the east, and Sixth Street on the West member Carl will make a motion to approve that. Remember, Absalom would second that all in favor. Say, aye, member California, Hi, member absolutely member Carr. Aye.

[162:00] member Roberts. Aye. alright! And then there was no expected administrative processing of like a license transfer applications for September. no Breweries, wineries or distilleries for September and you have your special events, permits list and your liquor license, renewal sent lists. and unless, Kristen, she has anything. I don't have anything else for you for a matter of licensing work. No, thank you, Caitlin. and then so we'll move on to agenda at 15 banners from chair and members of the authority. Anybody have anything? I tried. I tried to get us out earlier, but there was some some slow talking there. I just wanted to let the authority, the other members of the authority know that I will likely not be able to attend next month. So just just as a heads up.

[163:01] Thank you for that. I plan on being around. So I don't know about Member Roberts, member. I will be here. and if we can, people apply for the Board now, or does that happen at a certain time of year? Or is this an offline discussion? I have someone interested. I wanted to direct her to apply. Yeah, thank you. So they the city manager's office actually is in charge of board recruitment, and they open board recruitment at certain times. Sometimes they would open board recruitment, for, like the bla if under certain circumstances, but currently for recruitment for all boards, is not open. So we're not accepting applications, but the second, that we are accepting applications, I will let you guys know. And thank you so much for for reaching out and finding someone who's interested. So as soon as we're able to open that usually they open again in January, so if nothing else will probably be in January. Cool. Thank you.

[164:02] Anything else from anybody awesome. Well, I will make a motion to adjourn. remember, absent would second all in favor, say, aye, Member California. Aye. wraps them up all right. Number Omert's. Aye. we are adjourned at 5, 52. Thank you. Everyone. You did your best, Matthew. Thank you for that nice guys. Thanks everyone.