October 18, 2023 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] Okay. Great call to order the beverages licensing authority hearing for Wednesday October eighteenth 2,023 at 3 p. M. Thank you so much. I will begin with instructions for virtual hearing and rules of to quorum. Schmidt and my screen. The city has engaged community members to co create a vision for productive meaningful and inclusive civic conversation. This vision supports physical and emotional safety for community members, staff. And board and commission members as well as democracy for people of all ages. Identities, to experiences and political perspectives. Where about this vision and the Broadway's community engagement process can be found on our website? The following are examples of rules of decorum found in the book. Order of ice code and other guidelines on support decision. These will be upheld during this meeting. All remarks and testonia shall be limited to a managed to city business.

[1:05] No participant shall make direct or use other forms of intimidation against in person. I've seen the racial appetites and other speech and behavior that disrupts or otherwise impedes the ability to conduct the meaning. Are prohibited. Participants are required to sign up to speak using the name. They are commonly known by an individuals must display their whole name before being allowed to speak online. Currently only audio testimony is printed online for public comment. And then the chat function or in this case the QA function should only be useful for technical questions to staff. And it should be not and should not be used for public comments. And then I'll just let everyone know if you haven't been to a VLA hearing since we've moved formats, they're in a webinar format meaning you will not be promoted to panelists and able to unmute your microphone until, you, your item is called. So if you're here for public comment or if you're here for something on the agenda. I'll ask you to raise your hand at that time and that agenda item is called and you'll be able to unmute at that time.

[2:09] You also won't be able to turn on your video just to answer a question that I see in the Q&A. So no videos, no microphones until your agenda. Okay. Next I will call role. You'll just speak your present aloud. Number my caps on. I'm Brad's lump present. Chair, California. Chair California President. And member Lia Roberts. Remember Roberts present? Thank you. I remember Carl isn't sitting. Next, you have approval of Beverage licensing at 30 min from September 20 at 2023. Do any of the board members have any edits to these minutes? Remember, California does not. I'm where epsilon does not and the raps will also move to approve the minutes.

[3:03] Great. Is there a second? I was second that. Great. All in favor say aye, aye, aye, aye. Remember. I'm a Roberts, I. Minutes approved as is. Thank you so much. Next we have hearing agenda issues from licensing. Clerk, there's no agenda issues that I'm aware. I will move on to matters from older police department and it looks like off through training. Good afternoon. Yep. Can you hear me? Okay. Just to bring you up to speed on some, things. We, as you know, I last meeting I mentioned, we've been working on, Hill closing times for Establishments located in the Yuga district.

[4:06] And, I think we've. Finally figured out, all of the appropriate closing times per their zoning. Agreements and, We had one establishment that was extending beyond that and that's been dealt with. So I think going forward. At least we know exactly what the time should be in our, patrol. Hill team is going to be keeping an eye on those. Recently had a meeting with the owner of Taco Junkie located on the hill. Regarding some, concerns. Coming from our, patrol, neighborhood impact team. And so I think it was a productive meeting, and I hope that. Things can approve there and a lot of suggestions were made.

[5:03] As far as how they set up for their. Large door crowds. And. Hey, and things like that. So. Going forward, I'm hopeful that that's, going to. Be a lot better situation. Some limited compliance checks were done on the thirteenth. My partner in the marijuana side took an operative out. And. As you know, we're compliance checks for a combination now. Of Mihana, tobacco and alcohol. So with the limited operatives we have to work with. We're trying to balance that out with all 3. So for alcohol 5 establishments were checked. Happy to say they all passed. 3 of those were located on the hill.

[6:01] And the other 2 were liquor stores that are. Close proximity to student housing and those both paths as well. That's all I have. I would like to let the BLA know. I will be retiring on November. Second is my last, day. 35 and a half plus years, with the police department is. Coming to a close. So, it's been. My pleasure to. Be able to work with the BLA and and certainly Kristen and. Her entire crew have been fantastic. And, we haven't selected a, my replacement yet, so I don't know who that's going to be. I should have some ability, hopefully to train. That person, before I leave. So I will.

[7:01] Kristen will be hopefully able to introduce them where they can introduce themselves at the next November. And things will go on. So. Any questions for me or anything you need? There any questions from the board for officer Denny? Congratulations on your retirement, though. Thank you. I have no other questions. Again, congratulations. And thank you so much. It's been such a pleasure to have such an intensive officer working with us to have such an intensive officer working with us in compliance. So thank you and well deserved. Yeah, I appreciate it and I I have to say I think the BLA has always had, since I've been doing this, 2,019. The members on the BLA have always been top notch and went through some rough times losing one, as you know, but, we my hats off to you guys for.

[8:00] Volunteering your time. It's hard to do. And, we do a great job. Well, thank you again, Officer Dennic. Doesn't look like we have any questions for you, but yep, congratulations and thanks for your service. Okay. Thank you. Thank you. Next we have agenda item 3 matters from the responsible association of retailers and I Good afternoon everybody. I don't have a ton to report this time around. The numbers are still going up, which is great. Membership interest and enrollment is continuing to increase as well as the tips trainings are going really well. I actually did like. 3 in the past month in Boulder, the normal one and then I did 2. In house ones by special request, which does bring me to a question I would like to ask the BLA and or the licensing clerks.

[9:02] I had one of the members I was at conducting the tips training at one of their staff members had mentioned and it was on Pearl Street how they had seen people drinking drinks to go or requesting drinks to go. And I'm gonna be honest with you, I don't remember where we're at right now. I would assume that's probably not something we would promote, but they were concerned about it and they said recently they've been seeing a lot more people drinking on Pearl Street. So I just wanted to kind of be able to send out an announcement to the Boulder members. What's going on with that so they can feel a little bit more confident about what they're doing in their businesses and or not doing. And other than that, no, things are just looking great to wrap up. 2023, so I can say. I'm still trying to get some. Key components for that patron safety training in November, which is that training I like to have before the holiday season just to remind people to keep it safe and responsible and unless I'm forgetting something else I don't believe there's anything else for me to report today.

[10:09] Oh, and I would just say like to say, Officer Danae, congratulations on your retirement and it also has been a real pleasure working with you. Don't tell the other officers. With my other communities, but you've definitely educated me a lot and been very helpful. So I appreciate that. Just wanted to say that to him. I appreciate that. Nathan, you've been great. Great. Well, thank you, Mr. Dewey. Are there any questions for? Nathan. I mean, I guess my first thing to say is I would kind of probably defer the question about to go out. I believe it is still being discussed. In the state legislature, but certainly you are not allowed to drink in public. Right. The to go out all component is meant for you to take something home. I would I'm not I'm not a hundred percent sure exactly where the law is standing. I know during what happened during COVID is being extended. I'm not sure that it's fully passed yet.

[11:04] I haven't filed that as closely. I don't know if you know Matthew. Yeah, I was under the impression that had passed a while ago, but, it's permanent, but You are correct. Public consumption is not. Legal. Right, yeah, so I think it's without the borders. I'll just remind the members to keep it within their regulated licensed areas as you guys have deemed and if they do see that just keep reporting it to me so that I can report it to kind of law enforcement so they can kind of keep an eye on on the streets for us because I agree that's not something we want happening but but we all know in a college community. Tends to from time to time. But Nathan, I think what I'd like you to remind your membership is that The to go alcohol component is legal but to remind them when they do send them on something that is not legal to go ahead and drink that in any sort of public place. And I think that's something that should be very expressive considered when they give someone alcohol to go.

[12:03] Yeah, yeah, I think a reminder every once in a while is okay. So I'll be sending that out this month Yeah, too. Yeah. I believe it's supposed to be sealed. There's stipulations that come with the Thank you're right. I'll look that up in the log and I just wanted to make sure how you guys felt about just even the to go alcohol in general in the community. So I just wanted to double check. Alright, well if there are no further questions for Mister Dewey, think we can move to the next agenda item and thank you Mr. D. Thank you. Thank you. Okay, next we have agenda item 4, which is general public comment for future beverage licensing authority hearings. If you are here to make public comment on and that is not on the agenda for today, go ahead and raise your hand. And I will allow you to speak. I do see one hand raise. Oh, they should stick down. Okay, last call if you're here to speak on an agenda item that is not. Current agenda go ahead and reach your

[13:13] I have one hand raised. Give me 1 s. Okay, you should be able to unmute. Give me just 1 s so I can pull up a time. That's fine. Sorry. Okay, I do have 3 min to speak, go ahead.

[14:03] Okay, can you hear me? Yes. Okay, great. And I apologize if this is not the right time to bring this up. I'm just here on behalf of Rafa LLC. On Pearl Street to ask for continuance. Our portion of this here, our official. You, yeah. You'll want to bring that up when I call the agenda. Okay, great. Thanks. Alright. And last call if you are here to get public comment on something that is not on the internet, go ahead and. Not seeing any hands raised. So I will move on to agenda item 5. Which is showcased hearing concerning an alleged violation and whether the hotel restaurant type liquor license held by PENCO Corporation. DVA check it on the hill. 1 1 1 9 13 street, older Colorado, 8 0 3 0 2 should be suspended or evoked.

[15:01] If you are here to give testimony for this item, please go ahead and raise your hand so I can get you. See one hand raised. Alright, good afternoon, right? You're the only one that will be speaking today. Hey, yes. And, Krishna and I have your hands raised. Go ahead. Thanks, Caitlin. I just wanna remind everybody really quick that for show cause hearings, the order here should really be, staff information to the BLA about how we got here and that sort of background information and then we should hear from. The licensee, about. You know, whatever information they want to present related to this matter. So feel free to ask any procedure questions that you have, but just that's kind of the general order of things as we start off.

[16:07] Thank you. Should I? Swear the license even first. Alright, if you will raise your right hand for me. And if you all state your name, install your name. Go on, L. Thank you. And you swear or from that the statements you're about to give are true and correct. Yes. Thank you. Alright, thank you. And Mr. Lou, since you're not represented by council today, I'm going to go ahead and read the proceedings into the record. Yes, sir. This is a public hearing before the beverage licensing authority of the City of Boulder to determine whether or not the license of. Hanko Corporation doing business as chicken on the hill with a hotel restaurant type liquor license. Shall be suspended or revoked on the basis of the violations alleged in the order to show cause served upon the licensee and requiring the licensees presence here today.

[17:10] Because this is a disciplinary proceeding, the authority shall not ask for or allow comment for members of the general public. On the guilt of the licensee or the appropriate discipline to be imposed. The purpose of this hearing is to receive testimony presented by The city and by the licensee in order to enable this authority to make findings and to determine by a preponderance of evidence whether or not the licensee has violated the various laws as alleged. If in the course of the hearing testimony or other evidence establishes the guilt of the licensee of a violation of some other law, rule, or regulation that those stated in the notice. The licensing shall be afforded a reasonable continuance upon any offer that evidence and defense explanation and mitigation is not then available to the licensee but can be obtained within the period of a continuance not to exceed, exceed 10 days. Record is being made of these proceedings. All testimony shall be given under oath, the rules of evidence and requirements of proof and procedure shall confirm to the extent practicable it to those in civil non jury cases but when necessary to ascertain facts affecting the substantial rights of the public or of the licensee.

[18:20] The authority may receive and consider evidence not admissible under such rules if such conduct of their conduct of their affairs. The rules of privilege required by law shall be respected in this proceeding and the chair may exclude in competent and unduly repetitious evidence. The chair shall rule upon all questions of evidence and can and can proceed. Subject to being overruled on motion sustained by a majority vote of those members. The authority present. Should a licensee wish to request a find in lieu of active suspension days, they should notify the authority of this after a penalty is determined, if any, but before suspension posting and is discussed.

[19:01] And the licensee should be prepared to supply an estimated per day suspension dollar amount for the authorities deliberations. Those who desire to be her child identify themselves by stating their name, spilling their name or their last name and stating their pertinent address. They shall also be sworn in by the board secretary. Is there any conflict of interest or ex parte communication from any of the board members? Remember. Remember Roberts, no. Alright, if we could proceed with, some evidence from the city. Sure, I'll just give you a kind of a rundown of the timeline here. So on May seventeenth, 2023 to be like conditionally approved this license at a renewal hearing. For renewal. The condition was that the licensing would become compliant with occupation taxi and sales. And before they were able to be. Renewed on July, 20 seventh, 2023 sales talks.

[20:06] Notified city licensing that. The licensing was not compliant. On August first, 2023 the applicant was contacted and notified that they were non compliant. On or around August 9, 2023, the applicant contacted city licensing just at the thing would become compliant by the end of that week so within 7 days of that phone call. On. I'm sorry, within 5 days of that one. On August fourteenth. The applicant or I'm sorry, sales tax data that the applicant was still not compliant, the applicant was notified. On or around August 20 s is when the showc was ordered. And then the applicant did become compliant with sales tax on September thirteenth. A lot of information. So let me know. Great, thank you. If there any questions for Caitlin from the board about that?

[21:02] Alright, Mister Lu, if you could give us a rundown of How, why, and what happened with this? Hey guys, good afternoon. So I was just wanted to tell you guys a little rundown on my year of this year. So back in February. My 6 month old daughter was diagnosed with hip dysplasia. We had to undergo 4 surgeries throughout 4 months. Back then, we didn't have entrance, so we have to pay everything out of pocket. That led. That led us to. Not being here as present as I've much wanted to so and employee was here most of the time. They were stealing on the job. They were giving out free food on the job. That being said, our sales was dropped dramatically in June. We were making only about $6,000 in grow sales. And my rent was a little over $10,000.

[22:05] That's excluding all the expenses. I had to sell my truck. To make ends meet at the month of June. I do have a. A check here for. Them sales agreement that I sold my car and just paying it forward to the rent and I thought I had enough. Be evicted or be compliance with the ramp first and It was such a mess for us at that time. Fast forward to about August, September, we were having more customer come back and we were making money again. Hi, pay the remainder balance for that sales tax. And my rent. I'm dedicated to save up all the money. Will be making this busy season just in case if we had another slow month. That I won't be hit from the left field.

[23:04] Like back in June. I'm here to ask the city council VLA to give me one more chance. To grant us the approval of our liquor license so I can continue to drive to success. Thank you. Thank you. Are there any questions from the board members? I have a couple, but I'll let people go first. Why don't you go ahead, Matthew, don't have any right now. Agreed. Go ahead. So one thing I'm curious about is You know, you are a business that is, 90, if not 100% student driven. There are downtimes on this. You know, in this area. That you're located in terms of student activity. Particular holidays, summer season, things like that. I just want to make sure and encourage you that those are things to be very fully aware of in the down season because I mean this if we grant this renewal this would be you know, the second time we've done it.

[24:11] So I, I just wanna further emphasize that and, can you also let me know what happened with that employee? I'm assuming termination, but. What? Yes. So. There was, I believe. For employee though was coming in and now. Yes, they were terminated on the spot as soon as I saw it on the cameras. We were just Literally losing money, just having people. Working, but when he's losing money, I'm there and they tell me the right away. Those days I have to work. Morning sh and night sieves and come back the next day and really hear just the prep just to make sure we have everything. So I'm very dedicated to Drive next to the next level and I understand there is.

[25:00] Downtime in our area and There's no excuse to what had happened and I'm just. Here to be better and I'm here too. To drive us to the next level. Thank you and I believe you're aware of I believe your establishment has the 110'clock closing time on the hill. Yes, sir. Yes, sir. I am aware. Any other question from the board? Yeah, I'll just follow up with vendor, number, call, finalist question. I'm Mr. Lou, so I know there's been extenuating circumstances. Do you have a plan in place in case you cannot be there? As president, as you're saying, you're gonna be there. Do you have someone else in place that you do have? You can trust to be there in case you do have to deal with certain things. Yes, so, my daughter, she's 2015 months old now. She will not be breast bed anymore. So my wife would have more time. We're already having responsibilities of her coming in to help me out making sure we open make sure we're making the revenue that we should be and paying our taxes on time.

[26:09] I don't have any other questions. Alright, is there anything else you wish to present Mr. No, sir. Alright, at this time we will close for deliberation. Is there any discussion? I have some initial bots of. Granting this renewal with the stipulation of monthly check-ins for at least 6 months. I have an agreement around those thoughts. Oh, we have a hand up over here from Christian. Absolutely. If it's okay, Chair California. Okay. Just, reminder that this is a show cause hearing to see if the license should be suspended or revoked. So the license has already been renewed technically. Right. So this hearing, the determination that you're making here is whether there was a violation that you're making here is whether there was a violation of you know the state liquor code, you know, the state liquor code, you know, the state liquor code, state liquor rules or any term or condition of the license.

[27:32] Instead of suspending or something like that. So, if you guys have any questions about that, then please feel free to ask. Thank you for that. It's been a while since we've had a show cost. Okay, so at this point I personally, I do think there was a violation. They were there was a violation of our terms. I'm in agreement with that as well. What is the I'm trying to find my penalty schedule right now.

[28:03] I, I don't have mine in front of me either. I'm even having trouble finding online. I don't have my, the penalty schedule for the failure to pay taxes is what's. So. It depends on whether it's a first violation and the level of the violation at a show cause hearing, and I believe. Unless Kaitlin tells or Kristen tells us otherwise I think this is the first violation in the last 12 months that we have. Yeah, okay, great. So it would be A fine would be, about 20% of the gross with me. Sorry, let me bring up my. Specific. Okay, so fine is minimum of $500 and Sorry, just. Getting there. The lower of, or sorry.

[29:07] At least $500, but, equivalent to 20% of the licensees estimated gross revenues from sales of alcohol beverages specifically for 7 days. And so again, that's an optional thing. you could choose to impose a fine you could choose to just impose conditions you could choose to suspend the license, revoke the license, those are your options. Okay. Are there any recommendations from the board on which direction? They feel strongly about. I don't know if you have any thoughts, I was kind of leaning towards what Matthew was getting at with conditions. I was kind of leaning towards what Matthew was getting at with conditions. I don't personally see imposing a fine here as doing any good in any way. So, if you have anything else, Lee, I kind of was, trending towards what Matthew was saying.

[30:03] I agree that I don't think imposing a fine is the way to go and I was curious to see what member Calapono wanted to say with conditions. So. I think we agree that there is a violation here in the conditions that I would put forward. Rather than a fine would be a, monthly check-in of sales tax being paid. For at least 6 months. And that would mean. Having them come before the board for the next 6 months each hearing. Just to, let us know that they've paid in full. We can verify that with the city. Let me. Do you? Oh, until it's paid in full, so I guess, do we know how much is owed? At this time they are compliant. Substicks.

[31:00] Yeah. The monthly check-in would be to make sure that they're paying it monthly and not getting behind again. Continuing to stay on top. I gotcha. Yeah. We've imposed this with previous licenses that have, not paid their taxes. And all they have to do is come before us. It's one of the first agenda items each month and they just state that they paid in full city verify and we move on. I would maybe even add an addendum to that. Remember, Calafono in terms of, I know that we've done in the past as an authority. Any other violations that would come forth in that period. Any other violations that would come forth in that period would, go immediately to the highest panel. And that period would, go immediately to the highest penalty. So as you considered, they're in a very high volume place with the highest penalty. So as you considered, they're in a very high volume place with a very specific rule set around their hours of operation. And I would, I don't know if we can do that. Maybe I'd get Christian involved and if we could add something else to this but I think it's important that there's something else. Added on top of any other violations on top of tax, missing their taxes because I think Just seeing this case in front of us, it just makes you feel like we need to have some good presence in that license establishment.

[32:08] So I'm not sure where we can go with that, maybe Kristianic and guide us. Sure. So my initial thought there is, You know for violations like a second violation or something like that it would be you could do another show cause hearing for example, to see if you would suspend a revoke and then determine, you know, what the appropriate penalty, if any, is at that point. That would be one thing which you wouldn't have to, add on to any, you know, what the appropriate, penalty, if any, is at that point. That would be one thing which you wouldn't have to, add on to any conditions for that. That would kind of be your main way to, address additional violations. And the other thing is, you know, you are allowed at, the time of renewal to set this for a, hearing and just you're allowed to consider things like tax compliance and things like their record at that point too.

[33:09] I don't know if that really gets to what you want to do here, but I think those are the kind of main ways that you would have. To address future violations. Definitely think there's. 3 things here, one of which I think. We could, I don't think it needs to necessarily be a stipulation, but a. You know, just something if it happens, if they give another violation, this, that coupled, even if that's a violation of sale to a minor or something like that. That coupled with these. Past 2 hearings we've had with them obviously would be considered an aggravating factor and would tip that scale of suspension. That makes sense to me. I mean, I would make a motion to approve every Calafano's, approval or recognition that there was a violation, but that, the license, he will have to appear before the beverage license already for the next 6 months to prove good standing with taxes.

[34:08] And I would add for a hearing upon renewal. Or their next renewal. That's my motion. Can, can I ask you all just one question? I know that sometimes the December meeting is I, You know, not held or changed round or something like that. If there's no December meeting, will you, just let that month go or, how would you like to? Address that if that happens. Cause I don't know what. I don't know what the, what December will look like yet. Well, being that the December meeting is in December, essentially, and that's one of their slower months. That would be a month of my concern. I would not let that go. If the hearing is not held, I would still like a full 6 calendar months.

[35:05] Great, I just wanted to make sure that was clear for the license. So, a member, per with second excuse me Mr. Absalom's vote of them appearing before us with monthly check-ins for 6 calendar months as well as a hearing for their next renewal. All in favor say aye, member Calafono, aye. Remember Epsilon I. Remember, I Alright, Mister Lou, I just want to impose that. You know, we've given you 2. 2 hearings to approve your license. And, yeah. We don't want to see you good here again. There I am. I appreciate that everything. I thank you for everything and I will not let you guys down.

[36:00] Alright, thank you. Thank you guys. Thank you. Right, please Okay, next we have agenda item 6 which is continued public hearing and consideration of an application filed on March 20 ninth, 2,023. From Rafa Racing, I'll ask the DVA Rafa. 100, and, 81, 5, Perl, straight, older, Colorado, 8, 0, 3, 0, 2. Simon, matrimon, 100% owner, I'm Renee, Herrera, proposed registered manager with a premise business mailing address for a renewal of a beer and one type liquor license. If you are here to speak on this matter, go ahead and raise your hand. Yeah, one hand raised and. Rejoin this panelist.

[37:02] And then whenever you're connected, you'll unmute and camera for me. I see there's a mic here for this. If you'll unmute and turn on your camera for me. There you go. Okay. And are you the only one who will be hearing for this matter? I am, I'm here. Instead of Rene Herrera. He's traveling this week for business, so he's just asked me to ask for continuance. Okay, I'm still gonna ask for you in and we're gonna we're gonna open the hearing and then we can get to that part. So if you'll just stage your name and spell your new. Michael Brady. IB is in boy RADY.

[38:01] Awesome. I love you. Do you swear or firm? Not the same as you're about to give our true correct. Yes. And do you swear over from that the premise has been posted for at least 10 days prior to today's hearing? Yes. Okay, great. And then if you'll also stay home, you're deleted with the license. I'm sorry, what was that last part? You'll just stay home you're affiliated with the license. I am an employee here. I manage our community. And then all Christiana, I have a quick question. Since they are going to ask for a continuing, should I still read the proceedings into the record? Since we've opened the hearing and everything, I'm afraid that yes, we should read the procedures into the record. Okay.

[39:00] Great, thank you. All right, Mr. Brickley, since you're not represented by council, I'm gonna go ahead and read those proceedings into the. This is a public hearing before the beverage licensing authority of the city of Boulder to determine whether or not the application of . LLC doing business as Rafa. Or renewal of a hotel. Restaurant type license shall be granted or denied. This hearing is conducted pursuant to the laws of the state of Colorado and the rules of the verge licensing authority of the city of Boulder. Purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable the authority to make findings and to reach the conclusions required to be made by state law. As to whether or not the license he shall be or 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.

[40:05] This hearing shall be limited to question of whether or not there is good cause to renew the license as set force in the notice of hearing. Dated October eighteenth, 2,023. The record is being made of these proceedings. Those who wish to desire shall identify themselves by stating their names, spelling their last name, and stating their pertinent address. They shall also sworn in by the board secretary. Are there any conflict of interest from any of the board members or ex parte communication, member Calafono no. Number absolute, no. Remember, Roberts, no. Alright, and are there any interested parties here today that wish to speak to this agenda item? If you could raise your hand. I don't see any answer. Great. Alright, Mr. Brady, you may proceed. Yeah, I'm just here to ask for a continuance on this so that Rune can.

[41:02] Attend in person or via live stream as it is. Thank you. Is there any discussion from the board on whether or not to grant a continuance? No, the only thing I would say is that based on last month's sharing that we just make sure that there's no alcohol service going on. I remember there was some sort of. And, around that. I just wanna make sure that we're all clear on that. From the licensee standpoint. Yes, there's no alcohol being served here. Great. Is there a. Motion from the board on whether to grant this continuance or not. I just have one question. Have you guys had any internal gatherings where you've had cocktails and Okay.

[42:00] We've had an RSVP only event. Where we served. Just beer. And our understanding was as long as we had an RSVP list. And the establishment was closed. We weren't selling. The alcohol that was. That that was permitted. That's, and I think we've only had one of those. I do not believe that should be happening. Miss Gianna, are you able to? Give any guidance on that. I would need to just double check really quick. And, make sure that they would, because their, their own private property and everything. So I would just need to double check. But if Kristen knows off the top of her head, which you might then, she should go ahead and let us know.

[43:02] Thank you. Kristen Changeer, I'm not sure if this answers the question, but I just wanted to point out that. Since Rafa did file a renewal application, they are allowed to continue selling alcohol. Under their license until final agency decision. So, technically they are allowed to continue operating. Their liquor license since that renewal application is pending right now. Great, thank you. Is there a motion for to grant the continuance from the board? Remember, I'll make a motion to grant the Remember Calafono will second that. All in favor say aye. Member Calafono. Aye. Remember Absalom. I'm Robert. Bye. Continuous granted. Mr. Brady, I would just make sure that, You're like.

[44:05] Co-worker is aware that These are held on the third Wednesday of every month at 3 p. M. So to make himself readily available. Thank you. The next hearing will be November fifteenth. Thank you. Okay, great. Can I ask a quick question? Alright. Am I permitted to leave this the hearing at the moment? Are we through with the business of Rafa? That is correct. Okay, thank you. Great, thank you. Okay, next we have agenda item 7. Public hearing and consideration of an application filed on August fourteenth, 2,023.

[45:04] From Sanchez, Mexican restaurant to LLC, DVA, Santos, Mexican restaurant, 6 LLC, DVA, Sancho's Mexican restaurant, 6, 5, 4, 5, gun park drive, unit 2, 8, 0, folder, carrot, 8, 0, 3, 0, one. How's it, Louise, Garcia Rodriguez, 100% owner, and Erica Ariana Provost registered manager with the premise business mailing address for renewal of a hotel restaurant type liquor license. You're here to speak on this matter. Go ahead and raise your hand and I'll put you to panelist. Seeing Mr. Beambert raised his hands. There's anyone else who would like to see this part go ahead and raise your hand. Okay, and then mister, you can should be able to know.

[46:05] My goodness. Yes, James B for appearing on behalf of the A licensee. Sancho's Mexican restaurant 2 LLC. Thank you. And who will be appearing? With you today. I have an employee of Phoenix, Brian, Who's available should the board want to acquire or want some testimony. Okay, and then, Felix, I will go ahead and swear you in. I feel turn your camera on it. Perfect. Will you just, say your name and spell your name for the record? Phoenix. Brian Wayne Priester, PHOE NIXB RIAN. PRIE STER.

[47:02] Thank you very much and I'm gonna raise your hand. Do you swear or from the humans you're about to give our true and correct? Yes. And use where or from that the premise has been posted for at least 10 days prior to today's year. Yes. Thank you very much. In your report. Great. And Mr. Beamford, since you're representing as council, I'd ask if you'd waive the reading of the procedures into the record. We would wave and for the record James B for registration 1 3 1 4 2 appeared on behalf of that. Or licensing. Thank you. Great, thank you. And is there any X parte communication or conflict of interest from any of the board members? Member Calafono, no. Number absolute, no. I remember Roberts. Alright, and is there anyone here that wishes to speak to this agenda item? Not seeing any. Alright, Mr. Bineford, you may proceed. Okay, I take more, an explanation. Of what happened and where we are today. This was a change of management and the previous onsite manager was the previous owner.

[48:13] And then after he sold the business, stayed on as the manager. And up until this year handled all the renewals. When he was replaced as the manager. There was no education, no explanation of the 45 day. Prefiling and the proof of training. That's required and the responsibility for this renewal and future renewals fell on Phoenix. Phoenix then filed the soon as he could. Attempted to file the renewal the day outside the 45 day grace period. But the day before it expired, however, He was unaware of the proof of training requirement. So the applicant was the application, the real application was not accepted.

[49:04] Then there was some inquiry to try to get some bilingual education. And after. Getting the first a couple of people trained. And TIP certified, then. The. The tips training at the time was then file. And the application fees were paid with the late fees to the state and the city. And then followed up with some additional training. And I believe that was between the 45 day. Grace period the late filing which was assessed the fine Now the correction has been made. Of the proof of training with the 4 employees have completed KIPS training. And it's the intent of Sancho's only less servers that are tips trained. Serve going forward and they they were told they couldn't serve. When the renewal was not filed on July nineteenth.

[50:01] And, they've continued to not serve. I, believe they can legally serve after they paid the fees and initially filed. But they wanted to Air on the side of caution. And they have not served alcohol for now close to 3 months waiting for the renewal to be approved. And that's kind of what happened. It was just a mistake caused by a change of responsibilities and lack of. The previous manager to educate the people going forward on, on the procedures. And now with this experience, I'm quite confident that, they won't miss the 45 days or the. Proof of training going forward. And Phoenix is that, is here. And I would open him to any questions the board. Would have. At this time. And we'd ask for a renewal of based on the board's findings. Great. Thank you. There any questions for Mr. Pryster from the board?

[51:06] I have a couple of questions. Mister Priest, are you taking over as the manager of this license premise? No, it'd be Erica. So I'm just, so is there a change of ownership happening? I guess I'm just kinda confused of what's happening here. Oh, Sean sold the company. To Jose Louise and that's the first time I got involved with filing any of the paperwork 2 years ago and then since then Shawn was still part of the manager for the liquor. And back in March, that's when we were trying to get everything. Situated. To do a full change over and that and that will completing. Oh, I see. So. Right, so you're working on the administrative event but Erica I'm just seeing her training here. Cause she's had cash here, so she's making sure with the tip straining as well as, the 3 other girls.

[52:03] Alright, you can correct me if I'm wrong here in the packet that I'm looking at. I'm seeing that there are out of date tips training gates here. So. Just got those done. Okay. Oh, here I see the bottom. What's the data? Oh. I guess 9, 2. August ninth, 2023. And then 2 others. Yeah. That was that was the training date the current training date Okay. I have another questions. Great. Mr. Bineford, do you have anything else to present? No, just, requested the license be renewed. This time I will close for deliberation. Is there a motion or discussion?

[53:08] Member Calafana would make a motion to renew. I'm more hours a second the motion to renew. All in favor say aye, member Calafono, aye. And wraps the line. Remember Roberts aye. License renewed. Thank you so much. I think we're, I think we'll be leaving the. The chat here. Thank you. Thanks again. Great. Thank you. Before you move on to the next agenda item, I'm not sure if this is the time to ask this or not. And maybe Christiana can join in with this, but the next 2 agenda items I believe are under same ownership so much like we did last month with those can we read those both into the record at once and then hear the different presentations for each.

[54:04] Yeah, I would just say check in with the applicant for those 2 licenses to make sure that they are okay with that. Before doing so, but as long as they're, okay with doing it that way and we can consolidate a little bit of time or save a little bit of time, then it's fine to do it that way. Perfect. Mr. So. Mister, and I believe you may have heard. That I did hear that and we have no objection to combining both of them into one. Thank you. Great. If we can just go ahead and get, both agenda items. Opened and read into the Okay. So, at the same time, so we have agenda item 8, which is public hearing and consideration of an application filed on August seventeenth, 2023.

[55:07] From Dylan companies, I don't see, DVA, Keepsupers, division number 33. 3 6 0 0, table, makes a drive. Boulder, Colorado, 8, 0, 3, 0, 5. Kroger Company as 100% owner and with Stephen Jayer as president Thomas Drake Sullivan as vice president Christine R. Wheatley as director slash vice president slash secretary Karen Alfai as VP and treasurer Philippine Nelson as vice president. Tony Woodward at St. Manager. The business mailing address of POX 3 0 5 1 0 3 national Tennessee 3 7 2 3 0 or a permanent modification of a fermented mal beverage and wine retailer off from its type liquor license. We also have agenda item number 9, which is public hearing and consideration of an application filed on August, seventeenth, 2,000, and 23 from Dylan companies, LLC, DBA King supers, division number 61, 1 6, company as a hundred percent owner and the Stephen Day dryer Jay Dryer as president.

[56:12] Thomas, Jay Sullivan, as vice president, Christine, our Wheatley, as director, slash vice president, slash secretary, Karen Alphike as vice president and treasurer, Philippines and as vice president and with Joe Terraz's store manager with a business mailing address of PO Box 3 0 5 1 0 3. Nashville, Tennessee, 3 7 2 3 0 for a permanent modification of. A. Management, the average and one retailer office. And, and this your statement, I will just ask who will be appearing for these matters. Thank you so very much. The 2 individuals will be speaking on behalf of these 2 separate modifications. One is Teresa Deats. She's on your screen and we also even care to send on behalf of liquor pros and she's also present on your screen. Perfect. Misteries, I will ask you to stay your date and sell.

[57:09] My name is Teresa D's. Our last name is DIET Z. . Here And I'll have you do the same. Yeah, hi, how's everyone doing? For the record, my name is Eva Garrison, GARR ETSO N, one of the owners of liquor licensing professionals and we're located at 5 5 1 5 saddle rock place in Colorado Springs. Thank you. And if you'll both raise your right hand. Do you swear or that the same as you're about to give or true, correct? Yes. And do you spare away from that the premise has been posted for at least 10 days prior to today's year? I do. Thank you. Great. Mister Steven, I'm not sure if we got your, appearance recorded into the record. Absolutely. Thank you. Adam, a statement, STA, PN, and attorney license practice locker in the great state of Colorado, albeit on the California now.

[58:07] My registration numbers 2 7 5 0 6 and appear on behalf of both licensees. Great, thank you. And since you're representing as council, I'd ask if you'd be willing to waive the reading of the procedures into the record. I would. Great. Is there any ex parte communication or conflict of interest from any of the board members? Remember, California, no. Number absolute no Remember Roberts, no. They actually, I would disclose that I shot that one of these. So, And is there anybody here in the audience that wishes to speak to this agenda? I don't see any hands. Perfect. Alright, Mr. Stephan, you may proceed. Thank you. Start very much for your time, folks. Obviously the first matter up is I believe the King supers number 33 this one has a couple little pickups to it so I can briefly talk to you about those I believe these are 2 pretty straightforward modifications of premise.

[59:04] Where we're adding wine as a permanent location within the stores rather than having a lot of temporary locations. Obviously these stores will continue to have temporary locations scattered throughout but we're looking for approval for permanent locations of wine. The first one is King Suers over 33 over a table mesa and if you recall, I think chairperson, you were there from not mistaken. This is when 32 bear converted to full strength. And on March, the 2020 19, I appeared before you after having a contested hearing with the liquor store, I believe, within the same shopping center we were looking to expand out the beer sets. As part of a compromise we offer to not expand out beer. For 7 years. And what I did is I made sure that we received being recording and had it transcribed under oath for your consideration.

[60:00] 2 things. One, I'd like to congratulate officer Getting for his retirement and 2, he even mentioned in his retirement speech if you would. Having someone be lost as well from the authority and when I heard the recording it heard Kevin Mahoney was the one that moved to approve. The modification with it with our own proposed condition. I have to say it's sad in my heart. I think that needs to be said. But so I wanted that to be transcribed for you folks, so you understand that King supers didn't agree not to modify for period of 7 years in total but we specifically limited to the FMB beer. As you see on the floor plan, the after floor plans for Kings Super's number 33, all we're asking to do is add chilled wine and one location in ambient wine another location. We're honoring the non restriction or should say the restriction of not modifying the premises as it relates to beer. Liquor problems with Eva Garrison circulated the petitions. That was kind of a background of why we're here and why this one has a little wrinkle to it.

[61:05] But without further ado, if you don't mind, I like to call Ms. Garrison to speak as to the petitions and furtherance of this modification of premise. Ms. Garrison, can you hear me okay? Yes, sir, I can. Great, you were sworn in. I know these folks know you quite well again. Can you briefly describe what you do for a living. Yes, sir. And once again, I echo you and saying congratulations to officer Denik. That is a huge accomplishment to go as long as he did and, you know, safe and everything like that. So congratulations to him. So congratulations to him. Once again for the record, my name is Eva Garrison. I'm one of the owners of Liquor Licensing Professionals doing businesses, Liquor Pros, and we are a professional survey company doing needs and desire survey for both liquor and marijuana licenses throughout the entire state of Colorado. Were you, were you retained to circulate petitions and further into this modification of premise?

[62:00] Yes, sir, we were. Thank you. Can you describe to the authority how you circulate the petitions when you circulated it, and ultimately what the results were? So as you echoed from before, doing the first one going back to 2,000. 19 with the 3 2 beer license that or the 3 2 beer license we did handle the first modification of that one going forward knowing how sensitive the this location is and how where it where it's located and what the results were last time giving concerns. We did make it a point to try and contact all of the other retail liquor stores in and around the area that had beer and wine, because we wanted to be as transparent as possible for the authority, making sure we let everybody know giving proper notification even if we didn't give a get a signature from these areas still wanted to let them know what King Soupers was trying to do in here.

[63:01] And then we stayed in close doing samples in and around the area. Our surveyor carry both a business and residential packet with them. With that we asked those business owners and managers to identify themselves as such. Once again, everybody was familiar with Kingsoupers. We were just letting them know what the modification was. We also carried around with us the, layout, one of the bigger concerns was with last time was the space that was taken up, from the last time. So we really wanted to make sure that we carried out the layout with us so that folks knew exactly how much space was being added or where the wine was going, in that, which was provided to us in the packet as well. He described to the authority what the results were after you conducted the circulation of those petitions. Yes, sir. So, we did surveys on the dates of Thursday, September 20 eighth, on Friday, September 20 ninth.

[64:01] Everybody was really willing to, come in and put, give us a good participation. There would is a lot of students in the area, new college students, all of that in there. So once again, our surveyors are trained to, recognize and ask for identification to make sure they are over 21 that they're not just signing. Just for the favor of the liquor even though they can't do it because you do have to be over 21 or 21 and over. Of the 410 business owners managers and residents, we, did obtain a total of a hundred 20 signatures. 24 were from business owners and managers. All 24 signed in favor at 100%. So we went ahead and we focused all our efforts back on the residential. We then obtained a total of 96 residential signatures, 64 signing in favor at 67% and 32 signing in opposition at 33%. If we combine these totals and these are just the raw numbers we have 73% signing in favor and 27% opposed as I spoke on the last, hearing with regards to circle K, the average of these new licenses and the modification of licenses that we've seen in here.

[65:14] Kind of married what the 3 2 was like when we went to full, liquor or full, beer. Fermented malt beverage, sorry, which is anywhere in the low set or high seventys to low eighties. This is a little bit less than that. Once again, we do have those folks to write in. This is a little bit less than that. Once again, we do have those folks to write in. Once again, we do have those folks to write in, once again, we do have those folks to write in, bolder petition packets do have in a spot where you ask, 19, if you go to page 2, the reasons for opposition signatures inside that table right there. 19 declined to provide us a reason. One stated there was enough for too many. 9 stated that they did want to support small and local businesses.

[66:02] One was against alcohol. One said there was a lack of shoplifting stoppage, which means. I guess they need more security. And the other one is remove the frozen and organic food, section, which I believe that was one of the issues from the last time. So looking at these, if we remove those items that make be considered in valid or relevant and speaking to the needs and desires, it does bump that up to 81, which is the average of what we've seen. In favor and 19% opposed. But looking at the raw numbers is 73 as compared to the 27% it still shows a positive need and desire for this. Modification of. The license. Thank you, Miss Karen. So I don't have any further questions. The authority may ask me questions of you. Are there any questions from Miss Garrison from the board? I do have one. I notice. On your business petition that Petty Johns was not on there.

[67:09] Thank you. Yeah, yeah, I do know I'll have to go back and look at the telly she's to find out why. But I know a lot of those we're running into a lot of managers. Or just not old enough to sign. So that's, a part of the, The thing that we've been catching is a lot of the management, our younger college students willing to go get a job, the problem is they're just not able to sign on these. So we do try and give as much notification as possible, but I can I can see if I can go back and look at the tally sheets and relay that back to you folks if you like. I don't think that's necessary, but thank you. Leah, I believe you had a question. Okay.

[68:02] Yeah. My question wasn't along the lines of how could you have a hundred percent. I just don't think Petty John's would be in favor of Kings So it just feels incomplete and I don't know, I, I don't like that they were left out of this. Okay, well, and like I said, it's maybe not that we didn't go to that location. I just don't know why they didn't if you look at the map we did hit several areas that mark the business areas around there and I think that's what we were trying to do is grab samples from in and around the area, especially with the businesses. But once again, the residential, we did try and stay in close because. That's, that's a huge part of that, the feedback. So, I think that's when we saw the 24% in there. I think that's when we shifted over to the residential because that was the area of both concern. There any other questions from the board? Not seeing any, Mr. Stephan, you may proceed. I just have one follow-up question for Ms. Kearson. Miss Kerrison, did you receive any instructions on behalf of the licensee who not?

[69:00] Knock on Penny John store or to exclude other liquor stores from your petitioning. No, sir. Thank you. Are there any further questions? Great. Please continue. Miss Teas, can you hear me okay? Yes, I can. Okay, you were sworn in would you please tell these folks your current occupation and what you do for a living? I'm the grocery direct store delivery and adult beverage specialist for Kingsoupers in city markets locations. Have you been charged with the obligation to add wine to all the city markets and king supers within the state of Colorado? Yes. Can you describe the authority what you're intending to do here should this modification of premises be granted? I know the after floor plan is pretty self-explanatory, but can you give these folks an understanding of where you're looking to add permanent locations of wine. What we did mostly in our stores was reduce the seasonal sections. And I know, especially in store 33, that was one of those stores that we had done that with.

[70:03] A store number, well, we'll talk 33. That was the seasonal section that we've removed. We're only looking to place wine, you know, next to the beer section for it to be chilled. That those are only changes that we have there at 33. There is some other rem, but that has already taken place. So for purposes of alcohol approval, which is why we're before this board today, all you're looking at asking is approval to add that about 8 feet of chilled wine display by the existing beer, permanent location, and adding about 72 feet of ambient wine. We're making a record. What does it ambient mean? Room temperature. Thank you. We're not changing or altering any location of the permanent beer. Are we not? No, we are not. We're keeping that same location. And if this modification is granted, just want them to ask you the same question at the next hearing that we're gonna have a new after this one.

[71:05] Are any of your alcohol policies or procedures get a change or are you still going to maintain the policies that procedures that you currently have in place? Currently the same policies and procedures that we have. Okay, I don't have any further questions of, this witness if the authority has any questions. There any questions from the authority for Miss Deeds? I have a question. I'm looking at the drawing and Wow, it says 72 feet, but really that's an aisle, correct? Is that gonna be both sides of the aisle? No, it'll just be the one side of the aisle we have, Italian foods and, Pastas on the other side of the aisle. Facing the wine. So you're integrating the wine into a food. I, but will one whole side be one?

[72:01] Yes. Great. I don't think there are any other questions. Mr. Stephen, please continue. Thank you. And I like to direct your attention to King's Super's number 61 located over there on thirtieth street. Well. I like to recall Miss Karen's and to speak as to the needs and desires as a result of the petition that was circulated in the petition that was circulated in frigates this application. Mr. State and let's actually keep with this first agenda item and we'll If you have nothing else, we can close for deliberation. I have nothing else at this time. I apologize to your person. Alright, so we will close for deliberation. Is there any discussion promotion? The only thing I would like to say on the record, is it's just, it is a little, I agree with, member Roberts it is a little curious that, Teddy Jones was not on the petition. The other issue I struggle with and I could be wrong that I struggle with believing that a liquor store that their manager is not someone of age.

[73:03] But I would just like to put that on the record. Anything else, Miss member Roberts? I same thought I'm glad that you put it on the record. And just to put on the record, there are other license premises in that business area and none of which are on the. None of those I'm not seeing any of the businesses here that are actually license premise have been petitioned Just looking at it again after you brought that up. But I mean, I don't know what bearing that really has for us, but thank you for putting that on the record. Alright, is there a motion? Is there a second? I'll make a motion to approve the permanent modification. Remember California with second? All in favor say aye, member California aye. Remember Epsilon. I. Alright, permanent modification approved. Mister steepen if you'd like to move on to the next.

[74:03] Thank you. Sorry for jumping the gun there. Their next location obviously is King Super's number 61 located on Th Street. I would like to recall Ms. Garrettson asked to the petition survey that was conducted in further to this application. Yes, sir, I can. Ms. Karenson, can you still hear me okay? And all the testimony that you provided regarding your background and what you folks do for a living, that stays the same for this application, is I correct? Yes, sir, it does. And do you guarantee results when you circulate these petitions? No, sir, we do not. And can you please describe the authority how you search these petitions and what results were obtained? Sure. This one was done handled by one of our veterans surveyors, Carol. Who has done surveys in the state since 2,008 before way back then so she conducted the needs and desires regarding the modification of a fermented beverage and wine off premises liquor license.

[75:03] Did this survey on Thursday, September 20 eighth Friday September 20 ninth and Sunday October first. Made attempted context so 293 business owners managers and residents and obtained a total of 111 signatures this one once again, I I wanna say that, yeah, they could. Once we do the presentation of that at there, we do say you can sign in favor or a post to this license and we would like feedback for the authority. So we use specific language when we show up to a location as such. We don't swam in anything. We hand them the whole entire petition packet, so they're more than welcome to look through the entire thing. If they do have any questions, we are also on the top of your petition packets has the hearing information. We always let them know that they can take a photo of that if they want to and attend the hearing.

[76:00] If they do not want to do that, we also let them know that there is a notification sign posted on the premises that has all the additional information as well that they are more than welcome to the attend the hearing if they have any questions or concerns. With this one, this one was clear once again, 59, business owners managers and residents signed in favor at 100%. 59, business owners managers and residents signed in favor at 100%. We did try and stay in close to the area. Signed in favor at 100%. We did try and stay in close to the area. It is quite a big area but we did try and stay in close to this location. It is quite a big area, but we did try and stay in close to this location, went out and grabbed 52 residential signatures, all of those signed in favor at 52%. She said this had no issues whatsoever with adding wine to this location. Folks were excited about it. They were looking forward to it and the 100% clearly shows the need and desire for this license in the area. Thank you. By any further questions from Ms. Garrettson? I don't know if they've already has any questions.

[77:01] There any questions from the board? I don't think so. I would just like to say on this one, I see some other, retail establishments for liquor. So, that's pretty impressive. A 100%. Not seeing any other questions. Mr. Stephan. Thank you. Miss Deeds, can you still hear me okay? Yes, I can. And can you please describe to the authority what we're asking to be approved today? My understanding is we're looking at adding 2 new locations. For wine and then maybe a little change of the of a beer and cap. Can you describe the modifications that you're seeking here at this location? We're looking to add chilled wine to the end of the beer run. In flipping, putting the pick 6, so the single package that you make your own 6 pack to the front of the aisle replacing energy drinks and soft drinks and then we're placing showed wine at the back of that in cap. Then we would have ambient wine that's on the back side of produce facing bakery.

[78:04] And a follow-up on the question that one of the members had, is this gonna be on both sides of the gondola or just one side on the aisle. It's just one. Is this one? Yeah. Where you're gonna go. Just one side of the aisle. And similarly, the same training policies and procedures that you have placed at this location are not going to change. Correct. Do you have anything else you'd like to advise the authority as to what we're trying to do? It's Key Soupers, number 61 here on Thursday. No, I think it's very straightforward, but we've got on the plan and what we spoke about. Thank you. Very much. I don't have any further questions at this time. There any questions from any of the board members? Not seeing any. Alright, at this time we will close for deliberation. Is there a motion discussion? Looks pretty straightforward.

[79:03] So. Remember, the motion to approve the permanent modification. All in favor say aye, member California. Remember Absalom I. I'm a Number Roberts, I. Permanent modification approved. Wonderful, thank you. Thank you so very much. Yes, take care. Alright, thank you. Next we have agenda item 10 continue public hearing and consideration of an application filed on July sixth, 2,023 from Boulder Brooker in LLC, DVA. Morocco swim club slash bottom of the rocks. 5 5 5 thirtieth avenue folder Colorado 8 0 3 0 3. Gemma Williams, 100% owner and member and Eric Jacobs and proposed registered manager. The premise business mailing address for a new hotel insurance type clicker license. And if you are here too.

[80:05] Speak on the center, go ahead and raise your hand. And all promotion of panelists. And then I will let the board know that I did send out. 2 exhibits. One yesterday and one this morning regarding. This. I don't. Okay, and then, Hello. Good afternoon, everyone. Good seeing everyone again. And it looks like I have, Gemma Williams and Greg Topell here. Is that all that we're accepting? Yes, ma'am. I don't have then a mute and turn on their cameras. Hello, okay. I'm also with you, Gordon. Say your name, spell your name and For the record, sorry.

[81:00] Yeah. Gemma Williams, GEMM A. WILL I AM S. Hi, Mr. Tamila, how do you do this? Greg, Telpel, GR EG, TOPE L. Perfect. And I'll have you both raise your hand. Do you use where or firm that the zoom, you're about to give are correct and true. Yes. And do you use where or a permit the premise has been posted for at least 10 days prior to today's hearing? Yes. Yeah. Thank you. Great, Mr. Gimel, can we just get you to record your parents here? Of course, Austin Gimmel on behalf of Boulder broker and registration number 5 2 7 5 3. Great. And since you're representing as council, I'd ask if you'd be willing to waive the reading of the procedures into the record. We would be willing. Thank you. And is there any x parte communication or conflicts of interest from any of the board members? Remember, California, no. Number absolute, no.

[82:01] Remember Roberts, now. And is there anyone here that wishes to speak to this agenda item? Not seeing any and Mr. Kimmel I do have a quick request and Christiana stop me if I'm over stepping here at all. But I all I they testified before us last month. They don't know how familiar you are with that. Hearing. Or what was said but I would just ask that we kind of present this in things that have changed ideas that we have been addressed because we have, seen a lot of this testimony. So if it hasn't changed, I don't think we need to hear repetitious testimony. Just, specifically to the items that we addressed. Yeah, and I am familiar with the past testimony and I think really this time around is focusing on the questions that the board raised at the previous hearing in September. Perfect. Thank you for that and you may proceed. Thank you. I just wanted to start by saying on behalf of the applicant, we wanted to thank the board for its questions, we wanted to thank the board for its questions last month, as well as the Boulder Police Department and Miss.

[83:05] Teake, and we wanted to thank the board for its questions last month, as well as the Boulder Police Department and Miss. Teake for their time and walking through the premise with Miss Williams and Mr. Topel last week. To discuss service operations. These questions in the meetings, really helped folder broker in. Develop visual aids and other written materials to assist. And explaining its service operations for the board, which we're going to go through today. And to avoid repetitious testimony, I just really quickly wanted to have Gemma recap on what the concept of this hotel really is just to lay a foundation before we get into the floor plan. Hi board. Let's see. So our concept is We are renovating a hundred 18 room hotel that's been in operation since 1972. We took the property over 3 years ago. And have been updating it since then. Refurbishing the rooms. The existing swimming pool and the common areas. We're just hoping to reopen the restaurant that has been closed for the past decade.

[84:09] Hey, thank you, Jimin. So really, you're refurbishing this hidden gem and reopening it to the public, is that right? That's the goal, yes. Right. And with that being said, could you just kind of describe some of the amenities that the hotel will be offering in addition just to rooms. Yeah, a restaurant coffee shop. A game room and then the outdoor pool. Right, and so has that pool also been there? Since it was a hotel previously? Yes, it's been there since it was built in 1972 And what's the concept for the restaurant? So we're hoping it to be. A place for the community to gather so residents out of town alumni students and a property with a restaurant pool. That focuses on Asian fusion food, craft cocktails, mocktails, and local beer.

[85:00] Good. So we're really looking at amenities that are akin to say a family country club. Yeah, that's her goal here. Great. And so now I'm gonna move on. I wanna talk a little bit more about the service measures that were raised last time. Caitlin, I know you and I had talked. If you would, if you could, please just share your screen. I believe it's, exhibit number 2, page 7, and this is the operations diagram that we had developed here that the applicant had developed with Mr. Tobel that I just wanted to run through with the board. Yep, just 1 s. Peach 7. Thank you. Yeah, I believe it's page 7. It's got all the shiny dots on it. And while you're doing that, cause I wanna put Kaitlin on the spot, Mr. Could you just briefly describe the type of information that is on this diagram to the board just in general before we start running running through it in specific. Certainly, it's what we would call an operational diagram kind of depicting, the various service zones, how they're broken out.

[86:07] They're differentiation between, the service styles and the offerings within each of these areas. And that kind of a guest to employee ratios those kinds of things. Perfect. And let's start with the main dining library area, which is the section. Just a little bit towards the top of our floor plan. So could you just describe like where are the primary points of ingress and egress for patrons and guests of the hotel for this specific area. Cool. Yeah, in that particular area that, that, library slash main dining that we're calling is, is adjacent to the main hotel lobby. So, you can kind of see a vestibule kind of plan north of the, of the white area that is where the connection point between the the restaurant and the hotel that would be the main ingress egress for that area.

[87:03] Right. And Mr. Topel, could you just provide a general idea of hours of operation for this main dining and library if it's the same as the game room main bar and pool area that's fine. I just wanted to give an initial idea of what our hours of operation are going to be. This one actually has a small little coffee service area so it'll be the first of the areas to open so it'll serve as kind of a a coffee gathering spot from 7 to 11 when the rest of the world opens. Gotcha. And so with that being said, you also at the top have an estimated peak occupancy level for each area. So for this main dining area, can you describe, you know, what that number is and what it portrays for our operations diagram. Yeah, so, what we're calling peak is we don't wanna equate it with maximum, but peak is when we're expecting, you know, a full dining room that's gonna require a full service staff, to be aware that this particular area is, is traditional restaurant style.

[88:03] Service, full fledged tables. So it has the highest density of, server to guest ratio. It's the highest touch of all services. Yeah. Okay, great. Great. And with that being said, I know this floor plan really only counts for front of house staff, which is obviously the most important for alcohol service, but For the main dining area, can you just give us an idea of the staffing capacity when we're operating at higher levels? If you just, if for just the front of the house, we're anticipating 3 servers, one bus or one host or door and one bar tender slash barista. The the the plan is to have an interior and exterior manager when applicable. So we call it for the sake of this, diagram, a point 5 manager, but there's a manager on the floor. Perfect. And this main dining area, it does not have a bar, right? It's just got the kind of espresso or coffee machine.

[89:00] Yeah, it's got the coffee bar, but, it does not serve alcohol if that's what we mean by definition of bar. Gotcha. So the alcohol would be picked up by a server from the main bar area and carried in to guests there, is that correct? That is correct. Okay, and so for your, front of house staff that are serving alcohol, have the training procedures that you described at the last hearing. Have those changed at all or are you going to continue to implement what we've been talking about since September. Twentieth. The same training procedures as well. The only differentiation. Between this and possibly what would be considered a traditional restaurant is that all these people in addition to tip certified is that all these people in addition to TIP, Certification, internal certifications is that all these people in addition to TIP certification internal certifications is that they're also also going to be CPR trained as well. Okay, and also will you, implement like orientation periods for training just to ensure that tips training is clicking with your front of the house staff who are handling alcohol. Yep, as a requisite anybody serving alcohol will need to be to certified if they are not by at the higher point then we will get them to certified ourselves within 60 days of higher.

[90:08] And, and yes, we do an extensive training program for all things. Again, we would really like to believe ourselves to be incredible hospitality specialists. Our training is very extensive including and especially around alcohol service and safety. Great. And now talking a little bit about the flow of patrons through these areas, the pool, the main bar, the main dining. If for instance you have a patron that comes in to the main dining area. Tries to order a drink has already explained that they were already carted out at the pool deck. They don't need to be carted again. What is your server going to do in that situation or what is Boulder brokers and server going to do in that situation? What is the training? Yeah, we will be as courteous as we can and we're always gonna accommodate our every guest, but always anytime there a guest orders an alcoholic beverage they're going to be carded in ID.

[91:03] Do you need to have one ID with your face? It's gonna happen every single time again with the most. Courteous way possible, but unbelievably strict on those fronts. Great and another hypothetical for you, Mr. If, for instance, a patron comes into the main dining area, sits down and says, hey, I got 4 friends out at the pool. Can I have 5 beers so I can bring those out to them? What does your staff can do in that situation? How are they trained to handle that? Once again, it's one ID with that person's face on it that would allow them to get a beer, but we'll let them know at that time that we're so happy to get them a beer and then we'll send somebody right out to get the IDs and service their friends so that we'd want inconvenience them. But we do have a really good guest to staff right or staffed guest ratio. So we're gonna get somebody out there no time at all. Okay, great. And now, on the converse, so say some, a patron or guest is finishing dinner in the main dining area or finishing a meal.

[92:03] In the main dining area and has not done with their alcoholic beverage but wishes to take it. To another area such as the main bar or pool area, not outside the premises. What is the policy there for the hotel? If they wanted to move from one location to the next, they're welcome to do so if they were moving from inside out to the pool decks, it's gonna have to be put into a very distinctive branded plastic cup. We have no glassware of any kind is gonna ever hit the pool decks. Right, and so, would you allow a guest to take a drink back to their room, if they were staying at the hotel? If that's a confirmed scenario, then yes, they could take a drink back to their room, but at that time we would let them know that no no drinks can come back into the facility regardless of if they participate here originally so yes they can go to the room but no they can't bring anything back in. Okay, so for your main dining area, main bar and pool area, if a guest wishes to leave with alcohol, you're gonna have staff members trained to inform them they can no longer bring any alcohol back in.

[93:09] Yeah, we feel it's gonna be a courtesy so that they just don't think it's a we just don't want any confusion that would result in customer just satisfaction. Okay, and so what is the hotel's policy for guests trying to walk out the front door of the premises with one of these plastic cups of alcohol. How are you gonna handle that situation? Yeah, nobody's can leave our premises with alcohol. That's that can happen. So all of our get all of our staff is trained to let them know that once again they cannot leave the premises with with alcohol. Okay, and with that being said, do you have receptionists or other personnel that are staged at these ingress, egress areas so people are not walking off the premise with alcohol. Yep, the front desk reception is a man's 24 HA day and then of course all of our entry and exits are man during every hour of operation so long as a guest is present.

[94:04] Okay, and does the hotel also use equipment like security cameras to monitor just general patron traffic? Through hallways as well as the amenity areas. We do, yes. Good. And lastly, will you also have no alcohol beyond this point signs at, areas of ingress, egress out to the main premises outside the. Go ahead. Yeah, very distinct and, signage. Yes. Okay, great. Let's move on. Let's just talk a little bit about the game area and main bar what type of amenities are going to be in this area I know Gemma had already hit on it if you could just expand a little bit, please. Sure, this is gonna be kind of a gathering space. We have, some TVs to watch sporting events. We've got Shuffleboard, ping-pong, some billiards and some arcade games. And this is where, you know, we may be conducting a trivia night or something like that. Okay, great. And so for your staffing capacity in this area, what's your general level of staff when we're talking about that estimated peak capacity that you had previously described.

[95:06] Yeah, 2 bartenders, 2 servers, a bus or a host and that point 5 or manager who's splitting the interior and exterior. Gotcha. And so that manager that's splitting the exterior and interior around, does he have clear, sorry, he or she did they have clear visibility into both rooms? Are they able to walk back and forth fairly easily to keep eye on alcohol consumption? Yeah, if you look kind of in where that those rooms kinda meet there are 2 6 there's 12 feet of opening right there that are there's no doors no there's no obstruction there you just go to and from so you can see and travel easily. Perfect. And given that this is a different area, is there a different patron, ingress and egress towards the south there. Yeah, there is. Yeah, we're calling that our main, kind of, entry into the restaurant. Or so we think of the lobby as the main entry for the hotel guests.

[96:03] We don't anticipate nor are we, doing any way finding or signage that would help to suggest the main entry for us for the for the general public is coming in from that far south side. Great. And it looks like you have a door person, at least a hostess always stationed there to ensure they're greeting every guest that's coming in. Yeah, by again by definition of what we're trying to do there will always be a hostess or doorman there and it is our it is our policy and intention to agree every guest that walks in the door in under 30 s. Right. And so obviously this door person would also help for individuals who are trying to walk out with alcohol or a situation. Okay. Yeah, yes, they will monitor that as well. Okay, and I'm assuming the staff in this area are getting the same training for alcohol service as well as orientation and training. Is that is that right? Yeah, to be clear, the badges that you see that are in green are bartenders, managers and servers.

[97:00] Those are the those are the core staff that are going to receive that external CPR and tips training. Everybody is going through the internal training. Perfect. And they're different hours of operation for this main bar, Game or Mary, or can you give us an idea of what weekly hours look like there? Yeah, basically it's gonna be a give or take kind of a thing, but it's if you think of it as an 11 am to 11 PM. Kind of an open general hours of operation that's going to get you pretty close a little bit later on the weekends a little bit earlier on the Sundays and Mondays and again volume and need is going to help us to determine that in the long run. Perfect. And so for the main bar and main dining area, when those places close down, how are you enforcing the closure hours, meaning, you know, our guests still able to access those areas? Will they be locked off? How does that work? No, this entire side of the hotel will be closed down through locked doors, when not in operation.

[98:02] Perfect. And. With that being said, you also have servers in this area. So it's full service, but also patrons or guests can go up to the bar in order to drink as well, is that correct? That, that is correct. And then this area is not, is not envisioned as, as much traditional service. In other words, there will be some QR codes available to order food and all food. All alcohol will go through our service staff. Great. And do any of those policies that we just described such as transportation of alcohol? Or carding people no matter where they come from. Does any of that change with this area? But on this area is a little less formal than the main dining. No, that's identical property willing. Perfect. And so what your staff, your servers and bartenders, will they also have a line of sight, at least to the pool exit, you know, with guests and patrons trying to go back and forth in that area as well. Yeah, it's really it's an incredible and relatively cavernous space very wide open we can see everywhere yes

[99:04] Yeah, and let's go right into the pool area now. So you had said that there's no glassware allowed at school. Is that right? Correct. No glassware, ceramic plates, anything that can break. Nope. Okay, and you also have a door person when the pool is open stationed out at the main ingress and egress for patrons, is that right? Yeah, we think that more that person as a host, but same idea. Yeah Okay, great. And so. In general, if somebody is trying to move from the main bar to the pool deck with a glass, how's your staff going to handle that situation? I know you had already hit on it, but if you could just reiterate that point, please. Yeah, there's gonna be a station at that particular point that will allow I guess to actually, grab a glass but it, we're gonna try to do it for them. We would like to make it so we'll always inform any guests that that they're welcome to continue to enjoy their beverage, so we'll always inform any guests that they're welcome to continue to enjoy their beverage, but it has to be in a different glass. They're welcome to continue to enjoy their beverage, but it has to be in a different glass.

[100:04] And then in an ideal, we' Okay, and now for the pool area, can you just describe if there's any sort of different hours of operation? Obviously we have a pool and it gets cold in Colorado so it could you kind of describe how you're playing on handling that situation. Yeah, so for right now the guidelines are at 55 degrees and higher that the pool will be open if it's daylight hours the pool will be open but they're so it's it'll close at sunset the pool itself and then again whether or not we open the pool decks it's going to close at sunset, the pool itself. And then again, whether or not we open the pool decks, it's going to be to Great. And, again, can you just give us an idea of what staffing capacity looks like out here when we're operating at a little bit of higher end traffic. Yep, I see you got a manager that man's the upper and lower pool deck 2 bartenders one server upstairs 2 servers downstairs and a host and a bus.

[101:05] No. Right. And your. Now you're good and your manager that kind of floats around this area if they're standing on top of the pool deck, I'm assuming they have a clear line of sight down to the lower pool deck as well. Yeah, you get they they are very visible, yes. Good. And so when the pool is closed, how are you gonna enforce the closure here? How does that work? In terms of block doors, staging of employees. Let's talk just a little bit about that. Yep. So, all, entering, egress, you can't really tell on the diagram, but there's, you know, a 6 foot, 7 foot fence on the diagram, but there's, you know, a 6 foot 7 foot fence on the outside perimeter with lockable doors. The doors from the hotel are also locked so everything is going to be locked up high and tight. Okay. Let me see if I wanna ask you anything else about the pool. And again, I just want to hit this point home.

[102:01] The transportation of alcohol as well as carting people wherever they go inside the establishment. That doesn't change out of the pool area, right? Those are the same policies. Again, property wide, identical. Good. And now I want to talk just a little bit about events. Do you foresee the property or the older broker in having an occasional event on the property? Yes. Okay, what types of events are is the I guess is applicant or is the licensee initially proposing or thinking about? Well, it really is a cool and exciting space. So within the restaurant itself, we're anticipating, you know, like see you home games and those kinds of things really being a part of the community in a large way there. And then there's actually a second floor kind of banquet facility up there that could host conferences or meetings or things like that. Okay, and before we dive into that, other than those occasional events, we're still sticking to the normal sort of country club amenity.

[103:02] That's what we're looking to provide. Yeah, absolutely. And even within those events, I would still say it falls within that framework, but yes. Gotcha. So. Let's talk upstairs first. The reason upstairs not pictured on this diagram is because upstairs is only going to be for closed events, is that right? That is correct. And you can see, you can see that in the packet, there is, it's, it is available for viewing, but it's not on this staffing and service plan. Upstairs of events will be staffed extremely similarly. All policies will be identical as far as, alcohol service, guest ratios, those kinds of things. But yes, as you say, they're, only for occasional and as booked events. Great, but to reiterate that point that you just said the upstairs bar as well as the conference rooms those aren't going to be open to the public. During the normal weekday and week day weekend operations, is that right? Correct. Perfect. And so let's talk just a little bit about CU. Like let's take your CU home game, for instance, having a watch party of that sort of nature.

[104:03] Where do you envision doing that on terms of these service areas. So, if the restaurants open, it's open, but all the screens and that kind of stuff are concentrated and located in that game room, main bar dining. So we anticipate 90% of things to be happening within that central room that you see there. Okay, so mainly the main bar, the main dining area. Yeah, and game room. Yeah. Okay. If the pool is open, say it's a nice fall day or with the pool might be included in one of these CU watch parties. As far as it being open, yes, as far as it being where people are watching the game, probably not. Yeah, perfect. And with that being said, I know we have our normal staffing capacity that will be in all these areas even for a CU home game event. But are there additional security measures that you would take just for these events, say a CU home game.

[105:01] And if there are, could you just explain those a little bit? Yes, no, if we if we get to meet or get to those peak volumes and things then yeah, we, we will be contracted with a third party security firm. As well as third-party lifeguards that will be brought in first, those high volume events. Okay, where will and I'm guessing that's what these yellow dots are referring to on our screen here. So. Yeah, the yellow badges are kinda where, we, that, is, that is correct. And actually, officer Denny had a couple suggestions there as well that were really helpful. So. Great, and that was just what the staging of the security for these types of Yeah, just kinda where he thought the best line of site would be for people. It was, it was, yeah, like I said, it was very helpful. Right. And do you have any sort of other security measures that these third party security are going to be using in terms of validating identification cards just for, we'll take your CU home game event. Yeah, I mean we've always got the security cameras the ID books. We're all gonna be, miked up with, walkie-talkie so real-time communication that'll be managers and any of the third-party service providers

[106:16] Right. And do you envision just for these occasional events, IDEing people right at the door and maybe using a wristband system. I believe there was mention of that in this diagram. If you could just expand on that, please. Yeah, I'm sorry about that. Yes, so the, for any ticketed event or if anybody was coming in and there was any kind of entry fee, they'll be risk fans also for larger volume events as an additional layer of security. Yes, people, 21 and up will be carded at the door, and, and identified through that. It's not gonna, that doesn't mean they won't get carded again on the inside, but it is an additional layer of security that we'd like to ensure. Great. And just to make sure that's just for our occasional event that we're having.

[107:00] Yeah, Tuesday afternoon, that's not the intention. Yeah. Gotcha. Alright, let's move on. I just want to talk just a little bit about music and then we'll wrap this up. So do you or does applicant or Boulder broker and intend on offering amplified or acoustic music on occasion? Yeah, I mean do any hours of operation that were open. We always intend there to be background music. Whether or not that's, you know, through a commercial service or where we've contemplated having DJs provide that kind of thing as well. But yeah, it will definitely any time that would that were open and with the exception of it, you know, if for any reason we're open after 90'clock outside or something it could be extremely low we're gonna have that decibel reader onsite to make sure that we're not disturbing our hotel patrons. But if we're open, there will be background music at either provided by DJs or by commercial. Music services. Yeah. Gotcha. So I'll just call him like ambient DJs. So for these ambient DJs.

[108:02] Do you expect to have them just located in that main bar? Is that where that DJ booth is? Is that the initial, expectation? Yeah. Yes, exactly that there is there's a nicely wired system that goes into that that actually predates our ownership as well. So we took advantage of that. Yeah. Perfect. Alright, and now I just wanna move into your background, Mr. Pepe. How many, I guess, liquor license, if you could give me a ballpark, how many I guess liquor license, if you could give me a ballpark, how many, I guess, liquor license, if you could give me a ballpark, would you say you've consulted on in I in general across the nation, I definitely dozens in that they're probably thirtyish range and then within the town of Boulder there's been Quite a few as well. Okay. Let's call that around. A dozen as well. And yeah, in various capacities I used to run them and now I consult on them and those kinds of things. So. Okay, and for any of the licenses you've consulted on, have any of them had any sort of liquor license violations that you're aware of?

[109:03] Knock on wood, never under our 10 year nope. Great. And now lastly, like I'll talk a little bit about EVGs relationship since I was raised at the last hearing, but you had a walkthrough with the Boulder Police Department as well as Miss Teek. Could you just talk about what that walkthrough entailed and what you learned from it? Yeah, it was it was really really helpful and I think I think it really illuminated things both directions. They they got a much clearer understanding of what was going on, they they got a much clearer understanding of what was going on down there and and you know how how it was really kind of a much clear understanding of what was going on down there and, and, you know, how, how it was really kind of a traditional amenity to the hotel and we got some really good insights about the challenges that they've been facing particularly in this town at this time. That was great like I mentioned officer Denneck helped us out with kind of the line of sight for the third party security so overall I thought it was It was, yeah, I thought it was a great meeting.

[110:00] Great. And now let's just talk a little bit about EVGs role. So what is Boulder broker and higher EVG to perform? Essentially long term hospitality consulting services, we come in and we help to, educate ownership. We direct report to them. We help that we help to source and hire everybody. We help to define menu and cost. We do financial projections. We help to write all the training manuals and all of the we help with all the design aspects then once the doors open we do a lot of analysis we help to we do weekly manager meetings we just kind of serve as somebody who's done this a whole bunch and and and helps to make sure that things stay on track. Great. So though you're lending your expertise, and knowledge. Boulder broker in is hiring the employees directly. That's correct.

[111:00] You're just giving them assistance and training. And then at the end of the day, you wouldn't have ultimate decision-making authority over a boulder broker and it's for them to decide though you are lending them your expertise in knowledge. Yeah, my direct, direct report to Eric and Gemma and all ownership. Yes, that's correct. Great. And let's talk just a little bit about that. Eric Jacobson is listed as the general manager for this location. You're you direct report to him and what is his role? I'm just curious. Yeah, he's general manager of the hotel property wide and so we are a department of his. Okay, so you direct report to him and work with him in terms of the food and beverage department. Correct. Yes. Great. So you had permission to speak here today. Is that fair to say? Great. And the last question that I didn't hit in my initial direct, just for the hotel and, hotel restaurant requirement, will full meals be available at all times in all of these areas. At the same time you're serving Yeah, oh yes.

[112:01] Okay, I don't have any further questions for Mr. Tippell or Miss Williams. I'll turn you guys over to the board for any questions. And be here for any sort of clarifications. Thank you. Thank you. Are there any questions from the board? You're welcome. I just had one question. Going back, very thorough presentation. Thank you very much. We're talking about, if somebody are you allowing open tabs like so somebody is at the pool and they open a tab and they open a tab and they open a tab and there's like their card like so if somebody is at the pool and they open a tabs. Yeah. Like so if somebody is at the pool and they open a tab and there's like their card, like I've seen some other restaurants, they, you know, you can just go to any server and you're like, oh, that's my name, put it on Okay. Yep, they'll be able to do that, but they'll still need to be ID. Okay, cool. Yeah, I was wondering if you thought about that. Yeah, yep. And Open Tab does not equate with. An ID verification. So again, we we want to be as wonderfully courteous to our guests as possible, but this just, it, there, that's a black and white one.

[113:10] Alright, are there any other questions? Not seeing any. Mr. Gemel, did you have anything else to present? No, nothing from our presentation. I just appreciate the opportunity to dive a little bit more into the details. Great. At this time, we will close for the. Is there any discussion with the group? I personally feel they hit all of our concerns and questions. I agree and I think it's a really cool concept that South Boulder could really use. Yeah, I think I wanna just, thank the legacy for coming through with such, the presentation was very, extensive and it needed to be because it's the big project you're taking on and I'm really happy and I've really like to hear, from Chatopel talking about we're gonna car people at every level.

[114:00] And that's what to me with the facility that large, you just gotta be so diligent. So, I'm appreciative for that presentation and I am willing to make a motion to approve the license. Let the Great. All in favor say aye, member California. I'm a. I. License approved. Thank you guys. Thank you all so very much. We appreciate it. Congratulations. Good luck. Good time. Appreciate it. Hope to see you all in the same time. Okay. Bye. See you guys later. Thank you. Exactly. Thanks, guys. Not yet, actually. Alright, thank you. Okay, next we have agenda I know, 11 public hearing and consideration of an application filed on July, the seventeenth. 2023 from Sherpa Holdings to 1,015, LOC, DBA Fuji restaurant in bar 2 0 1 8 Broadway Boulder Colorado 8 0 3 0 2 Pema D.

[115:06] Sherpa, 100% owner, registered manager. With the PROMISE businessman address for a new hotel restaurant type clicker license. If you're here to speak on the center. See a couple of people coming in. I see someone named Leo Lee is here. Yes, good up to now. My name is, present in the update. Thank you so much. And who else will be getting test when you say? Should be the owner and also the manager, Mr.

[116:02] Okay. And see. Ask. This person to unmute here and then if you can turn your camera on for me as well. Hi, yep, I'm here. Okay. Okay, I will ask whoever is, giving testimony to just state their name and spell their name for the record. Yeah. Yes, again, this is something you represent in the, at the Kenshippah holdings, DVA, would you rest on the bar? Hi, my name is Hi, Thank you, and if you'll just spell your name for the record. Yep, it's PEMB A SHER PA. Thank you. And, If you will raise your hand for me.

[117:03] Do you swear or not the same as you're about to give our correct int true? Yes. And you swear that the promise has been posted for at least 10 days prior to today's hearing. Yes. Okay, and Mr. Lee, are you? An attorney representing? And also I have. My witness, Yes, I'm so sorry. I'm not wearing a shirt, but psudent high. Okay. I'm currently actually with my children for their for break in Hawaii. So I did not. I'm currently actually, with my children for their for break in Hawaii. So I did not. I'm so sorry No, you're totally fine. I just wanted to make sure that situation going on. Okay, great. Thank you. I will hand it over to you. Mr. Lee, can we get your, identification number into the record? Yes, s 4 3 6 to 9. Great. And since you're representing as council, would you be willing to waive the readings of the proceedings into the record? Yes. Great. Is there any ex parte communication or conflict of interest from any of the board members for this agenda item? Member Calafono?

[118:03] Number, no. Remember Roberts, now. Great. And is there anyone in the audience here that wishes to speak to this agenda item? These are your hand. Not seeing any. Alright, great. Mister, you may proceed. Yes. Good afternoon, DA. Members and, My name is Andy Lee representing the applicant and serve our holdings, DBA food restaurant the bar is located at 2,018 bolder Colorado is 0 0 2 and is paying for a hotel and rest restaurant different license the business is in operation and, I have my, The owner of the business. Mr. Pimple, here today, he's going to testify. He personally, the petitions and according to the summary and also the.

[119:05] Records that I have is 100% from both the business and also from the residential. Surveys and, I'm going to ask him to briefly introduce to us about his, circulation of the petitions. And would also ask him about the present experiences and his good moral character, unrelated background information as well. Mr. Khalifa, should I proceed to, call him or? Hello, and are we still there? I'm sorry. Yeah, we're here, but I don't think your client is. Hi, I'm here.

[120:00] Okay. Where you going to have and present? Yes, I'm going to ask him a few questions regarding the circulation first. Great. Yeah, thank you. Good afternoon, Mr. Sheriff Park. Can you please briefly introduce to us about your relation or a to the business? Hi, Brad. And, and Lee. Thank you again. So my name is Pemb Shippo for the record again. So I'm the 100% business owner for Fuji. So I'm the 100% business owner for Fuji Russia and bar. And also the manager who's taking care of the business. Okay, what kind of the restaurant is this? It's like an Asian Fusion Russian with Japanese, Nepalese and Indian, food. When did the, when did this restaurant open? This version was original started back in 2,015 For the good of the business cause I have lot of customers they come in, especially in the dinner time, actually, hey, do you guys have any, you know, beers or liquors?

[121:10] Also in the past we had a look of license but due to since we did not renew on time it was past 90 days so we had to go through the process again and it's been a year more than a year. I'm trying to get this legal license and yeah, and again. And why do you think you need to apply for a who conducted the survey or the for this application. Yes, I personally did the survey myself and also my brother, Fulu Sherpa. Who works at the restaurant as a supervisor, help me, do one of the resident pension, for one day. Can you briefly introduce to the board members about the petition? How you conducted it and when you And I did. Yes, so I do not have the original, Original, original signature of the patient because I handed to the to the legal license department But, yep, so there was a map that was given to me, so I started, with those, with the business and also the residents.

[122:23] When did you conduct the survey? Like I said, I do not have the physical paper because I handed out to the, city department. Sorry. Okay, I have in front of me the, is it true that you conducted the, business survey? I mean, the survey. On September 20 sixth and 20 seventh Yes, that's right. Correct. That's for is that for. Circulating the petitions among the businesses.

[123:03] Correct. Did you also circulate the petitions among the residents? Yes, I did. When did you conduct the survey? Among the residentials, the residential building. For the resident I believe I did it on the second day first day to my target was to go around all the business, downtown Boulder on the policy. Within that map time, map friend they gave me. So I wanted to do all the businesses on that day and on the following second day I wanted to, go through the neighbors residents to get some signatures. Do you still remember how many businesses did you visit? Okay. I'm sorry, you can tell us a rock number if you do not remember the exact. Yes, it was I yep, I went around like it was probably 103 businesses that I went around some of them were closed some of them did not have their manager on side and some of them were a franchise company which they could not make a decision.

[124:13] I mean, they said like it would be a process they would have to go through the department. And they were not able to sign and they did not participate but other than that yes For all the things is that are qualified to answer this survey or the, the petition. How many opposed the application and how we favor the application. For business it was all no one of course so they own they all agreed Are you saying it's 100%? In favor of the application. Correct. How about for the residents? How many did you remember that you knocked the door? Yeah. Yeah, further residence. It was about close to 90 And I mean. I believe I went around like 93 95 but most of people they were not home so I had to go at different time frames.

[125:10] I also went on like morning time during Saturday. Had to go like doing. like weekdays. After port number 5 or 6. But no one opposed. Please that also a 100% favor. Correct. Okay, so based on the result of the petition, do you believe there's a need and desire in the community for a license? Yes, I do. Okay, back to your personal background. How many years have you been operating a restaurant? Operating restaurant They've been it's been 2 years, but I've been working the Russian industry for more than 7 years. During these years, have you had any violations of the liquor license? Or related laws and regulations instead of Colorado.

[126:03] No. How many employees do you have? That is going to serve output customers. It's gonna be so it's a small restaurant so it's been it'll be more than It's 3 employees, 32 or 3 employees that be serving alcohol. And those are all tips certified. Have you attached the of tips, training. I'm sorry to say it again. Have you provided the survey kits of tips training of these employees? I believe I did a long time ago this liquor license has been over a year but I believe I did. If not, I can send it again. As a side note, board members, we have already provided the, birthday kids of the employees, that they have already completed their trip, tips train.

[127:01] Do you have any criminal backgrounds or criminal records that we all prevent you from obtaining already per license. I'm sorry to skin your video again. Have you had any criminal records that will prevent you from getting a deeper license? No. I'm no further questions. Great. Are there any questions from the board? I correct me if I'm wrong, but I'm not seeing the tip certifications in in your packet. Is it there? In my physical packet, I have it. I should have already provided to the CD. If not, I can provide.

[128:00] After I come back. Starting. There are. Some certifications starting on page 265. Doesn't look like they're from tips but they are sorry, they're sideways, but they are. Training certificates. That's why I see. Yes, this could be a What do you say? Alright. Any other questions from the board? Alright, not singing any. Mr. Lee, did you have anything else you wanted to present? Nothing just, we hope that, the board will agree with us that there is a need and desire in the community, and also the, that they can qualifies, for such 24 license. Alright, at this time we will close for deliberation. Is there any discussion or a motion?

[129:08] I mean, I actually admire the fact that a lot of this was done by the application themselves and not using a, you know, that's just shows me getting out in the community. And doing the positioning on their own is really it was really a go get her attitude to that location is the location that is going to be a high volume place. So I just, I mean, I, for my deliberation, I'm inclined to make a motion to approve this license. Unless there's anything else from the board. Is there anything else or a second? I'll second that motion and I agree. I really appreciate all the effort that was put into this. Right, all in favor say I remember California. I. Thank you. I'm a. Roberts. License approved. Thank you very much. Thank you. Thank you very much guys. Have a good one. Thank you. Hello.

[130:04] Thank you. Okay. Next we have agenda item 12, which is public hearing. And consideration of an application file on August, seventh, 2,000, and 23 from Boulder Shack. 2 0 1 0 sixteenth street unit 1 1 0 folder Colorado 8 0 3 0 2 Howard Andrew Ryan president Eric Pirat member John Kapiro vice president and Christiana rank Ryan proposed registered manager with a business failing address of 1 5 3 5 central street Denver Colorado 8 0 2 1 one for a new hotel restaurant type like, and if you're here to speak on the center, go ahead and raise your hand. And I'll start promoting the panelist here.

[131:07] Okay. So someone is coming, I'll ask you to unmute here, turn your camera on. Hello. Sounds like someone named Howard has entered to begin on you. Hey, okay, great. I will go ahead and have whoever is testifying today. You will just say your name and spell your name for the record. Okay, it's Howard Andrew Ryan HOWA RDAN DREW RYAN. Thank you. I go by name Drew though. Perfect. And are you the only one that will be testifying today? I have my wife Tina here who is a manager. So I will be, we are representing ourselves. We are all having an attorney.

[132:05] Antina, will you be giving test money at all? Yes. Okay, great. I'll have you say your name and spell your name for the record. What are your name? Do you have me as Christina? Yeah, Christina, Ryan. RYA and Christina Ryan. I know how you both raise your right hand. Do you swear or if I'm not the testimony you're about to give is true? Yes. And do you swear or that the premise has been posted for at least 10 days prior to Yes. I'm in order to work. Right. And since you're not represented by council, I'll go ahead and read the proceedings into the record. This is a public hearing before the beverage licensing authority of the city of Boulder to determine whether or not the application of applicant Boulder Shacks LLC doing business as main shack for a hotel restaurant type liquor license shall be granted or denied.

[133:02] This hearing is conducted pursuant to the laws of the state of Colorado and the rules of the beverage licensing authority of the city of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this authority to make the findings to reach the conclusions required to be made by state law as to whether or not the license applied for shall issue. Interesting parties are the applicant residents of the neighborhood under consideration and the owners and managers of a business located in the neighborhood under consideration. For purposes of determining who is an interested party at this hearing, the neighborhood under consideration is the neighborhood previously defined by the authority. The authority shall make a final determination of the affected neighborhood prior to determining whether the license shall be issued. Any interested party may speak to the question of the neighborhood designation as well as other information relevant to the granting or denial of the application.

[134:02] A record is being made of these proceedings. Those who wish to or those who desire to be heard shall identify themselves by stating their name. Spelling their last name and stating their pertinent address. They shall also be sworn in by the board's secretary. Is there any conflict of interest or ex parte communication from the board member? A member of California now? I'm Remember Roberts, now. And is there anyone here in the audience that wishes to speak to this agenda item? Please raise your hand. I'm seeing. Great. All right, Mr. Ryan, you may proceed. Hi. Tell you a little bit about Boulder Shack, LOC, main check will be loaded, will be located at 2010 16 street which also has the address of 1601 Pearl Street suite 1 10. It was previously. Leaf restaurant, but that has been vacant since they closed in 2,018.

[135:03] We lease the premise. The landlord is aware of and in support of our H and R application. Will be open daily at 11 am and close at 9 PM. Sunday to Thursday. And at 10 pm on Friday and Saturdays. Our expected opening date is November first. We want it to open sooner. But we had some delays with the zoning and, ADR review. With the development services. So, but main check is we have another restaurant in Denver. And we're a fast casual restaurant. We start, we opened in 2,018. And building off of the name recognition in a high quality New England seafood of main check, Denver, our bolder location will also be very approachable neighborhood restaurant where patrons can come and enjoy. All sustainable and authentic menu offerings. The menu will feature 6 different varieties of lobster rolls, whole belly clams, fresh scallops, haddock, steamers, house main, clan shelter.

[136:05] Entry side, salad. I mean, I'm sorry, entree side, salads, lobster mac and cheese as well as several other New England specialties. Many showcasing a variety of ingredients sourced from the Gulf of Maine. Our catch is sustainable and traceable. We will have a full bar. Our liquor drinks will be beer, cocktails and wine. Food is our main focus, so we expect our food. To lick a ratio to be approximately 85% food, 50%. Like, like it is at our demo location. Target market is the entire Boulder community. Families, singles, business, workers, college students and everyone who enjoys delicious food. We believe in having a positive impact in the community. Our demo location survived COVID and it continues to be successful while many. Longer established restaurants in the area and Nepal Highlands have closed. We look forward to forming relationships with our neighbors and are very excited to be.

[137:03] And proud to be joining the Boulder business community. About our ownership I own 41% my partners are Eric Parrot who's 40% and John Caprio Owens 19. My wife Tina will be a manager. For the local license Bye and Tina's liquor experience has been opening and operating the original main check in Denver for the last 4 years. We have not had any liquor violations or problems. Tina was also previously a bartender at Glenn, Arving College Club for years. Eric has over 20 years of experience in the hospitality industry. He's currently the president of Live Nation. Entertainment rockies division since 2,008. John has over 20 years of experience in hospitality industry, including running the Fox theater and bowl there for 5 years and it's GM for AG, Augment Theater, Blue Bird, and Feathers Green in Denver for over 10 years.

[138:00] And as an operator at Main Shack since it opened. Broken tip certified. We're all experienced and evaluating if someone is becoming intoxicated, cutting people off, calling a ride share, confiscating fake IDs. We're familiar with being a responsible alcohol vendor and being careful to not over serve and not to serve anyone underage. Are there any questions from the board this time? The board have any questions? No, please continue. Okay. Our premises, let me walk you through the diagram and the premises. Can you pull that up or do you want me to I just have a printout I'm not is computers. Yes. No worries, I can pull it up.

[139:05] Here we go. Okay, and if you're looking at the packet, it's gonna be on page 315. Okay. Does that look correct? That does look correct. Okay, so to your top left of that. That diagram is our front door and that is on Sixteenth Street. And when you walk straight ahead, the ordering counter, cause we're fast casual restaurant. So you'll be ordering from the from the order counter and then we have a small bar to the right with 6 it says there's 7 stills there but we actually it's probably gonna be all sex. 7 if you want to squeeze somebody else in there. But You see order from the point of service counter, the guests will receive a number.

[140:00] And their food and drinks are then delivered to the table. The restaurant area is just over 2,000 square feet with 1,026 square feet of customer area that will see 50. And a 321 square foot patio that sees 26. The patio is fully visible. Through the windows by our staff from the from the service counter the basement is for employee use and storage only So we'll always have the windows open and the counters and the bars always facing outside to that patio. So, our liquor storage areas are highlighted in yellow. All the like a storage will be locked. Does the board have any questions at this time? I do not believe so. Please continue. Okay, alcohol controls all new employees clean managers go through a multi day training program. Each service employee and manager will save a main jack alcohol management handbook.

[141:01] They will also be required to have tips or serve safe certification within 90 days of employment. Our alcohol service policy is the ID. Anyone who appears to be under the age of 50. We will have assigned 0 tolerance alcohol service policy if an employee is found to have served someone who is underage or visibility intoxicated. They will be terminated. IDs will be checked at the point of sale counter using an ID checking guide. Our other alcohol policies include. Id every customer who orders a drink and appears to be 50 years of age or younger, IDs for each individual. Drink being ordered. We will not accept vertical Colorado IDs. Customers will be allowed to have a maximum. Of 4 drinks. Needs and desires to prove that issuing an H and R liquor license to Polish act visa needs and desires of the neighborhood. We will testify that we posted the notice. We circulated petitions and Tina and I will give testimony.

[142:05] I believe we have everything in our packet. Are there any questions regarding their petition and needs and desires from the packet that we have? Not seeing any. Please continue. Okay. I guess I could just skip over that all that then. I, cause I can talk about the amount of people that I've contacted. We made contact with 124 people, 4 were in our home, 2 refuse assign one for alcohol uses objection, the other did not give a reason. A 103 were in favor, none were opposed. Of those in favor, 70 were residents and 33 were businesses. In reference to the needs and desires signatures a hundred percent were in favor of issuance. Great, please continue. Okay, the few that we received was extremely positive that people are excited for us to open. Based on the results of the petitioning the residents and businesses in the area and in favor and that there is a need in a desire for a license within the designated area.

[143:12] Any questions? You know. No, okay. Well, I firmly believe that there is a need in a desire for Boulder Shack to obtain a hotel and restaurant liquor license. Our liquor license would not have not adverse impact on the health glove or safety of the designated area and current liquor licenses located within the neighborhood do not already meet these needs. We will have a positive impact on the community. Our location has been vacant for 5 years. There are no restaurants like A and Boulder area or in Colorado. For that matter. We peel to have. Many different types of customers. And we will be a neighborhood stable as well as destination location. Any questions? No questions.

[144:03] Okay. I also believe that there is a need and desire for Voulder Shack to have a hotel and restaurant liquor license. And that it would not have an adverse impact on the health. We welfare or safety of the designated area. Just excited to have a This unique style of restaurant in the area with all the different variety of offerings to join this the bustling neighborhood there. And I'm excited for the option for the community. Great, thank you. Is there any questions from the board? I am not seeing any. I did just wanna say I was impressed by your, alcohol policy. I think it's very thorough. I think that the content is very relative and necessary. So I do think that that is a very good policy to have. I'm not sure if you plan on getting involved with the responsible. Association of retailers.

[145:07] Or RI think it would be very beneficial to become a member of that. They have, I believe, bi monthly meetings, that are very informative about current issues regarding alcohol service in the city. So, I think, or I would highly recommend looking into that. Alright, thank you. Did you have anything else you wanted to present? I think that's it. Unless you have any, question. I have printed out and our alcohol management program. So, I don't know if everyone got a chance to see that. I know you did. Okay. Yeah, it's all in our packet materials we receive. But yeah, it was very thorough and great, but yeah, if you don't have anything else to present, we can close. For deliberation. Yeah, that's it. Thank you. Thank you. Great, thank you. Is there any discussion or a motion? I was very impressed with this application and I think it's very straightforward and Very safety driven.

[146:05] So, I would personally make a motion to approve. I would second that motion and I've actually been to that Denver location and it is a cool concept. Oh, thank you. I think it would be So I'd second that. Yeah, I that's I'll just kind of echo the sentiments here. What a packet. Well done. And I will put on the record that I was married to Maine. I mean, I I have met Drew, we do not discuss any liquor licensing things. I'm no longer with the mountain group, but I am so full fully happy that these, Pearl's gonna get some love. Thank you. So, There's already, there's already a motion to second, so go ahead. All in favor say aye, Member Calafonoi. Number. Remember, I. New license granted. Thank you very much. Thank you. Thank you. Good luck.

[147:04] Thank you. Right. Next we have, agenda item 13 matters from assistance to the attorney. I don't have anything for the board today unless you all have questions for me. I just wanted to actually bring something up that I didn't respond to. I was going through the process of changing up my emails. But, so my primary residence is going to continue to be in Boulder through the end of my term, just so everyone's aware. So. I'll send that in Britain form an email. So my primary residents will be here. As long as that by our rules, believe I believe that allows me to continue and finish up my term. Via Zoom from Mexico where I will be. As long as Boulder continues to be your primary residence. Yes. I mean, I will feel bad about my background, but.

[148:03] That's a, that's about that. But otherwise, that was the, I wanted to bring up to the city of change office. Well, just be a little jealous. It's fine. Yeah. Thank you. You don't have to. Okay. Awesome. So next you have agenda and 14 matters from licensing clerk. We have 3 boundary settings for you guys today. The first one is I'm at Stakeway Stores, 46 in DVA Safeway Store, 2 9 1 one for a permanent modification of a fermented mob, averaged blind retailer offspring. At 2 7 9 8, Arapo Avenue. I'll share my screen. The suggested boundaries are from the original application and that is. Pearl, she on the north, Colorado on the south, Fentanyl Parkway on the east and seventeenth street on the west.

[149:01] There's much. I would make a motion to approve those boundaries. No. All in favor say I remember California Number. Remember. Thank you. Next we have Stapley Store, 46 in DVA Safety Store, 2 9 1 9 4 permanent modification of a fermented well beverage and wine retailer optimist type liquor license application or 8 0 0 baseline road. Water colonial 8033. The suggested boundaries are also from the original application and that is Arapaho on the north. South Boulder Road on the south, city limits on the east and thirtieth street extended on the west. Number California would make a motion to approve those boundaries Remember, Roberts, 1 s that.

[150:00] All in favor say aye, member California why? Remember Absalom I. Remember, I. Thank you. And last we have the Med restaurant group, LC, DVA, the Mediterranean for a new hotel restaurant type liquor license application. 1 0 0 one, Walnut Street. Sweet 1 0 one B, older Colorado, 8032. The suggestion boundaries I pulled from, which is at 1 0 2 3 one that street, on the unit 400. That's, that's just spread across the street. And the suggestive boundaries I have are maximal extended on the north. Marine Street on the south, Twentieth Street on the east and Fourth Street on the west. Remember, California would move to approve those boundaries. All in favor say, I, I remember California. Remember, or absolutely. Members, I.

[151:02] Awesome, thank you. There was no excited administrative processing of like our license transfer applications this month. For breweries, wineries and distilleries. You have your special event prides. And your liquor license renewals in the packet. And then I believe that Christine wanted to ask you a couple questions. So, hand it over. Thanks, Caitlin. I just had a couple quick questions for the board. Number one just wanted to check in regarding our upcoming meetings in November and December since we are getting close to the holiday season. Just wanna make sure that we are planning on having a quorum for those meetings. As a reminder the November meeting is scheduled for November fifteenth and the December meeting is scheduled on December, the twentieth. Is anyone anticipating being absent for either of those? Meetings.

[152:00] I am not. Bye plan not being present for both. I also plan on being present. For both. Great, thank you. And then second, I just wanted to mention that, 2,024 for recruitment will be beginning soon. We're anticipating that applications will open on December eighteenth. And our office and the City Corps office will be conducting outreach for potential new members but also just wanted to ask if you all know anyone that might be interested if you could please out the spread the word. Cause we'd really like to fill that. Let's see, next year. Would you be able to send the link to on the process to us as a group so I can forward that along to people who are interested. Sometimes it's harder for me to navigate like how you get into the application process. And I certainly have people who are interested, especially when I was telling people that my seat is going to be available. I think there's some people in the industry that certainly should be represented here. So.

[153:03] Absolutely. Caitlin, did you want to elaborate on that? It's just. Is that? Nope, I was just gonna let them know that yeah. We'll make sure it's included in one of the packets. If it's released on December, the eighteenth and we could even include it as an exhibit for the December twentieth meeting. Is there any like criteria that needs to be met with the, cause we have an open seat, right? And then is there any specific criteria? No, not necessarily. All board members do need to be city holder residents. So that will not change as far as a specific demographic. I'm not aware of any. Particular requirements. I mean, like, it does the person need to be in the industry or anything like, do we are looking for that kind of representation. Okay. No, not necessarily. When it comes down to is when if we do have multiple applicants, the city clerk's office will go through an interview process and so sometimes if someone does have industry experience that might help them in the interview process but it's Certainly not a requirement for applicants.

[154:13] Thank you. That's it for me. Thank you. I'm and I will send an email to a member card asking about who schedule for the holidays as well. Perfect. Is there anything from the board? I don't have anything, but boy did I have to read a lot of those. Proceedings. I will say just a shout out from the record to our chair for being so diligent around certain things in this hearing. Really smart, really, executing things that we need to hear without hearing so much extra things. So, cheers to Chair, California. Thank you for that. And with that, I'll make a motion. To adjourn.

[155:00] Thank you for that, Mike. Yeah, I will second that motion. All in favor say I remember California way. Absolutely. Number Awesome. And we are adjourned. 5 38. Thanks, everyoneThank you. Right