November 15, 2023 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] Alright, we're recording. So go ahead. Great call to order the beverage. Licensing authority. Virtual hearing for November fifteenth, 2,023 at 3 PM. All right, I'm gonna start this off with our instructions for virtual hearing and rules of decorum. The city has engaged with community members to Co. Create a vision for productive, meaningful, and inclusive civic conversations. This vision supports physical and emotional safety for community members, staff and board and commission members, as well as democracy. For people of all ages, identities lived experiences and political perspectives. More about this vision and the project's community engagement process can be found on our website. The following are examples of rules of decorum found in the Boulder revised Code and other guidelines that support this vision. These will be upheld during this meeting all remarks and testimony shall be limited to matters related to city business.

[1:08] No participant shall make threats or use other forms of intimidation against every person. obscenity, racial appetites, and other speech and behavior that disrupts or otherwise impedes the ability to conduct the meeting are prohibited. Participants are required to sign up to speak, using the name they are commonly known by, and individuals must display their whole name before being allowed to speak online. Currently, only audio testimony is permitted online. The chat function should only be used for technical questions to staff, and it should not be used for public comments. And the chat function in that refers to the QA. So if you have a technical question, go ahead and use that. QA. If you are here to speak on a matter that's on the agenda. I'll ask you to raise your hand and not matter is called, and then I'll promote you to a panelist, and you'll be able to unmute yourself and turn on your camera alright next week. Have our roll call. If you'll just speak your presence aloud. Chair, California

[2:07] chair. Caliphana present. I'm her artist member, Roberts, present. Thank you. And I was previously discussed. Member Aslan is going to be absent today. and Member car is going to be about 30 min late. So we're gonna just go through some informational items on the agenda first and then once member car joins, then we can move on to the things that would require. Oh, but since we don't currently have 4, so I'm gonna go ahead and come back to the approval of the beverage licensing authority. Minutes from October eighteenth next on the agenda would be hearing agenda issues from the licensing clerk and we can circle back with member when he gets here. The first one is that agenda. Item 7 for Broadway. One in spirits will need to be continued because they did not meet the public posting requirement. They just didn't pick up their poster in time. And then on agenda. Item 12. So matters from licensing clerk. I was going to ask the bla if

[3:08] they would be willing to set boundaries for an application that actually would, their boundaries would have been set in December. That's the only thing that would be on the agenda besides the continuation for December. So if you're willing to set boundaries today for that application, then? we can cancel the design. Let's I just wanna make sure member cars here for that. So can we hold off on that. So alright? So that's kind of it for the agenda issues, and we'll circle back with member car kitchen. Next, you have that agenda. Item number 2, which is matters from Border police department, and we have a couple of officers here. to introduce ourselves here.

[4:02] And Officer Gigneck and officer psychology go. Hi, can you hear me. Okay. yeah. I'm Officer Leah. Rec. I am taking over for Rich Denig. He has retired, and so I took his position, starting on Monday. I've been with the Department for about 22 years, so I'm excited to start this new chapter in my my career. As an officer of working with officer. Geniak kind of tag teaming and cross training in each other's positions so that we can both be helpful for all sorts of different matters. And yeah, I'm looking forward to it. Great. Well, welcome. We're happy to have you. Thanks. One thing I did wanna bring up and mentioned II have a list that I believe it came is kind of an old list that I believe was from a Shawn cook, and it was about the priorities and the duties for the alcohol and cannabis Enforcement officers. At some point I'd love for you guys to take a look at that. The bla to take a look at that and tell me if you if it still stands the way that you guys, if there's anything additional, if there's anything you want removed from there. But I can. I'm

[5:12] I'm not sure if you guys have a copy of that or not, but I can always scan it and send it to Kristen, and then she can send it out to you. But I'd love to get your feedback on that and see if it's where you guys want it to be, or if you know, there's some things you want to change on it. Absolutely. I think that's a great idea. I would prefer that all 4 members, because there aren't only 4 at the moment be present for that. So maybe continuing, or maybe not continuing, but looking into that at one of the hearings that we're all for present at so hopefully. If we don't do December, then we would do in January. That sounds good there any other questions for Officer. Rec. It's just you, Leah. I'm looking around for people, and it's like, Oh, it's just Leah.

[6:00] It's fun to have another Leah on, and we have the same initials which is also rare. So I was kind of stuck on that welcome, Leah. Congratulations on the career pivot. Thank you. I'm looking forward to it, and I'm glad that you spell your name the same way too great. I think we can move on. Then next will be agenda. Item, 3 matters from responsible association of Retailers, and Mr. Dewey. Good afternoon. Just want to say welcome to Officer Rec. I know. I hope Officer Dennig told you about me. I'll reach out to you here, probably after Thanksgiving, and hopefully, you and I can meet up and I can help you better understand the cooperation between myself and the bla and boulder. So with that being, said, she and I will work on that I don't have too much to report to. Y'all. Numbers, for tips. Trainings are still up. It's great. I've had to do a couple of extra trainings.

[7:13] I'm having some members reach out saying that a lot, not a lot, but a good number of some of their employees cannot make our trainings due to having to go to class and such. So I'm working on when would be the best time of the weekend or evening training, and I will be doing my best to be providing one of those. I'll do my best, you know, every 60 days to try and fit one of those in there, so we can get everybody trained as per the mandate the other thing talking about tips is, it continues to be a mess on their end. Not hours. They've now moved their headquarters from Virginia to Texas. And it's just one thing after another with these guys ever since they got taken over about a year ago. So if you end up getting letters of proof of

[8:11] taking the course. But we can't get you the certificates within 60 days. Please understand. Mandy and I are doing our best. They're now not even they're now not even signing us. The paper forms of the certificates any longer. It's going to be fully digital. And, to be quite honest, we're still waiting to see that. So I always have records of everybody that's been trained. I'm the only person training them in boulder. So I have. You know I have the sign up sheets. I have the photocopied exams just for this purpose. So please understand, still moving forward, if they don't actually produce a certificate. But you get a letter saying that I train them. I'm the one who wrote that letter. I'm the one who talked with the you know. I think this last place was the local. For example, this past month.

[9:01] With with Whitney. So just please. If you have any questions, reach out to me, and I'm happy to answer with you. Them with you, and I can even give you a paper trail and email trail of all this mess, if necessary. But I know you all are great there, and just looking forward to the cooperation on that. And just in case I didn't mention it last meeting, I wanna make sure I do mention it again. We did We did get blessed from the sea grant which funds Ra. For the city and county folder with another $7,000 a year moving forward on our grants, which is beautiful because we can really use that for efforts of prevention and wellness and education. For the retailers and the youth in the boulder community. So I think that's a big win for us, and the reason we got that we were chosen over many other of the sea grantees, just because of the great work we're doing together with you in boulder

[10:00] and the cannabis and and everything. So I think that's a pat on the back for all of us quite honestly cause that just keeps us in town. Other than that. I don't have much to report. Still working on that patron safety training may have to push it into early next year just because of lack of partners to cooperate right now, but we're working on it, and we're going to get that done here as soon as possible. So if you have any questions, please let me know. Very. Thank you, Mr. Dewey. Leah. Any questions. I don't have any awesome. Well, thank you again for all you do. Thank you, Nathan. Okay, next we have the general public comments for future beverage, licensing authority hearings. We can, We can hear any public comments without quorum. So if anyone has any public comments for something that's not on the agenda. Go ahead and raise your hand.

[11:07] I'm not seeing any hands raised. All right. So the only other discussion item that we would have would be board recruitment. And I'm happy to talk about that now, or we can wait. We could take like a 15 min recess until Member Carl gets in. Whatever do you think? Yeah, let's take a 15 min recess till 3 30. Alright. So we'll just pause until 3 30 when member car gets in, and then we'll reconnect. No one needs to leave the zoom or anything like that ever to. Just thank you. Thank you, Caitlin.

[12:04] All right. Beverage licensing authority hearing for November fifteenth is back in session. Thank you. And me. Regard did join us at about 3 25 is here. Right? Okay, and then just to catch you up on the card, we just kind of skipped around just a little bit on the informational items before you got here. So we did already hear from boulder police department and Mason do it with Rer. So I'm just gonna go back to the thing I got need of both here. Actually, really quick. I'm sorry. Now that you're here, I want to talk about the agenda issues that I brought up. The first one is just that agenda. Item 7, which is Broadway. Winding spirits will need to be continued because they did not meet the public posting requirement. They just didn't have their poster posted for 10 days. And then the other one is that under agenda, item 12, which is matters from the licensing clerk. I was gonna ask the dla that if they would be willing to set boundaries for one application

[13:08] that would have had the timeline would have been that they would be setting boundaries in December. Besides the continuation from agenda. Item 7. That would be the only thing that would be on the agenda for December. So if you guys would be willing to set the boundaries for that in this meeting, then we can cancel the December meeting and just have a January hearing. So we can talk about that when we get there, or you can let me know. Good. Yeah, let's go ahead and talk about that when we get to that agenda. Item. The only other request I would have is because of the delay, and the request for continuance is if we could rearrange agenda. Item number says, 6, a dead item of 7 is the one that would be need to be continued.

[14:03] if we could just move that to be just before 6. So the start of them, after we hear from agenda, item number 5 or 6, whatever the order is just because we'll probably vote. Well, we'll see when we get there. But they've been waiting. So yeah, no problem. Okay? Great. Okay. So then I'll move on to approval of beverage licensing authority. Minutes from October eighteenth, 2020. Are there any edits from the board? I did not have any. No. Is there a motion member calico? Eric Carr will make a motion. To accept the minutes. Member California will second all in favor. Say, aye, member Kalifano. Aye. member car I Ummer Roberts. Aye. thank you. Okay, so we'll move on to agenda. Item number 5. We're skipping down a little, and that is Pigle Corporation, Dva. Chicken on the hill at 1 1 9, 13, street boulder, Colorado, 80302. This is the monthly status report to the bla.

[15:11] and if you're here to speak on this matter, go ahead and raise your hand. Okay, and while they're coming in here to be a panelist I will let the board know that. as of today, they are in good standing with sales tax perfect. Are there any questions for Mister Liu? Do not see any awesome well, keep up the good work, and we will see you next month. Thank you, sir. I'll see you guys then. Okay, so I'm gonna skip down to agenda. Item 7, and that is public hearing and consideration.

[16:07] Once again, let me get this. I mean, yeah. I brought where they're supposed to be agenda. Item 7 is public hearing and consideration of an application filed on September eleventh, 2023, from Bunty and Ronnie, Corp. Dba. Broadway wine and spirits. 2, 5, 5, 0. Baseline road boulder, Colorado, 8, 0 3 0 5 LW. Barone, LOC. Partial owner, Dana E. Strong living trust, partial owner, Michael Van Loan, partial owner, David Shank Nova, partial owner, and Nick Pattanella, partial owner and registered manager with the business mailing address of 7 8 5 Belmont Road, older, Colorado, 80301 for renewal of a retail liquor store type of releases. The applicant is here for this. So if you are here for this monarch, please raise your hand

[17:02] acknowledging operates. and while they're being brought into panelists, I'll just let the board know that the poster, for this item was supposed to be picked up and post it by Saturday, November fourth. But unfortunately it wasn't picked up or the applicant wasn't able to come to our office until after that deadline. I think it was Monday, the sixth that they were at our office. So So the the 10 day posting requirement just wasn't metrics. Great! Can we just get them sworn in? I'll go ahead and read the procedures, and then we'll hear them out absolutely. If you will go ahead and if you're here to speak on this matter, go ahead and raise your right hand for me. Okay, and do you swear or form out this image? You're about to give our trigger

[18:00] and glad in our need for a pizza? I do thank you. And then will you also, say your name, and spell your name and give your address for the record? Yes, my name is Prob Singh, PRAB. Last name SIMG. H. Addresses 696 South Gun Club, 8,106, and I joined it to, you know, help out in any way, and so on. That kind of helping, because obviously a liquor license. You know the renewal that we were late in that we missed that the first opportunity or the first date that we had, and unfortunately, you know, we also missed the poster, because let me go ahead and read the procedures into the record. And then we can hear some of your testimony. Okay.

[19:12] so this is a public hearing before the beverage licensing authority of the city of Boulder to determine whether or not the application of Banti and Ranni Corp doing business as Broadway wine and spirit. For renewal of a retail liquor store type. Liquor license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado, and the rules of the Beveridge licensing authority of the city of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties. In order to enable this authority to make the findings, and to reach the conclusions required to be made by State law as to whether or not the licence shall be renewed. Interested parties are the applicant residents of the neighborhood, affected by the licence, as previously determined by the authority, and the owners and managers of a business located within the neighborhood. This hearing shall be limited to the questions of whether or not there is good cause to renew the licence as set

[20:12] for in the notice of hearing, dated November fifteenth, 2,023, a record is being made of these proceedings. Those who desire to be heard shall identify themselves, stating their name, spelling their last name, and stating the pertinent address. They shall also be sworn in by the Board secretary, Sir, any conflict of interest or ex parte communication from any of the board members on this agenda. Item Member California. No member, Carnell. Member Roberts. Now alright. And is there anyone here in the audience that wishes to speak to this agenda. Item, if you could. Please raise your hand. not seeing any. Alright, Mister Sign, I think the question we have is just what the issue was with getting the posting and time. The letter the email that we got it was open. Obviously Mister Pretty wasn't here. He was out of town, and I do not. I would. I do not have direct access to that. So once, obviously, I read the letter when I got the email from him, and I read the letter, and I saw in detail that the post requirement needs to be met. Unfortunately, we were late at that on Friday.

[21:22] and then Monday, when you went into the office. You know that. He was informed that this has to be post phone. It has to be they have to set a new schedule. So but the meeting is today. So it's you know, obviously be joined. This is the first time, obviously first renewal for him and as well as for me. Ii mostly deal in taxes, and so I try to do whatever I can to help them as my clients. So it was a very honest mistake ignorance on the other part we did not know about those requirements. So therefore, you know, we're here for. I guess another continuation or it approval. I just need to know what the process would be. If there's anything else we need to do.

[22:06] we definitely need to continue because you haven't met the States requirement for the 10 day posting. So we'll go ahead and close for deliberation at this point. Is there a motion to continue landmarkar? We'll make a motion to continue number Roberts will second that motion to continue all in favor. Say, aye, in California. Aye. Member Carr. Aye. member Roberts. Aye. all right. It looks like. We will see you probably in. Oh. Christiana, go ahead. Thanks. Ii think we just need to clarify whether we're continuing until December or until January. So do I need, I guess. Amend my motion. Yeah, go ahead. Okay, I'll I'll amend the motion to continue till January. Then. Right?

[23:01] So I think we've talked about having a separate meeting, so I'll amend my motion to continue this until jet the January meeting. and I will amend, and still second. all in favor. Say, aye, member, California. Aye. Member Carr. Aye. Member Roberts. Aye. so we will see you, Mister sign in January. Thank you so much. Thank you. Okay. I'm gonna skip back up here to agenda. Item 6, which is continued public hearing and consideration of application. By long March 2920 23 from Rafa. Racing, Rafa. 1 8, 1, 5, Pearl Street, Boulder, Colorado, 8 0 3 0 2. Simon Mashraman, 100% owner and Renee proposed registered manager with the promise, business, mailing address for a renewal of a Baron, wine type, looker, license.

[24:01] If you're here to speak on this letter, go ahead and raise your hand receive and while this person is coming in. I will let you know that this application is also. I miss your Sauerville awesome. I'm just gonna go ahead and swear you in. So if you'll say your name, spell your name and give your address with the record. Absolutely. Name is Gordon soar that is spelled GORD, ON. Last name SAUR. And personal address is 1310, Folsom Street apartment, 24 boulder, Colorado. 80302, thank you. And if you'll go ahead and raise your right hand. do you swear or affirm that the testimony you're about to give is true and correct. And do you sort of the premise has been posted for at least 10 days prior to today's hearing?

[25:03] Yes. awesome. And then I know I got a call from Renee. Right before I got a call from Renee right before this hearing that he is sick, so he really unable to attend. But so, Mr. Sarah, if you'll just let us know how you're absolutely I'm the I'm the cafe manager of of rafa. So I am. I am one who would be serving serving alcohol here at our location. Thank you. and I'll hand it over great. And since you're not represented by council, I'm gonna 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 Rafa racing, doing business, Llc. Doing business as Rafa for a renewal of a beer and wine, type, liquor, license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado, and the rules of the beverage, licensing authority of the city of Boulder.

[26:06] The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable the authority to make the findings, and to reach the conclusions required to be made by State law as to whether or not the licence 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 the business located within the neighborhood. This hearing shall be limited to question of whether there is good cause not to renew this license, as set form in the notice of hearing, dated November fifteenth, 2,023. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address, they shall also be sworn in by the Board's secretary. Is there any ex parte communication, or conflict of interest from any of the Board members. Member Caliphano know Member Carnell.

[27:00] Member Roberts? No great. And is there anyone here in the audience that wishes to speak to this agenda item, if you could. Please raise your hand. not seeing any. All right, Mr. Sore, please proceed right. So we we have, since the last. The last meeting we have undergone for all of our staff who is serving alcohol tips, training and. as as previously previously mentioned, by my understanding we have our our reasoning for this liquor license is is events which will have an Rsvp list and a so that we can serve beer and wine. At these, at these events, all of like, I said, all of the and employees will be doing that have have been tip certified. Alright. Are there any questions from the Board? I have one. What kind of events are you planning on hosting?

[28:03] We do cycling related events. So events we've done in the past include talking about talking about bicycle servicing, fitting bikes. We have meetups for members of A of a of our sort of club that we membership membership program. So it'll be it'll be either social events related to bike racing or or similar similar types of events there. Any other questions from the board. Yeah. go ahead, Leah. I'm not seeing any documentation about tips training, or how you'll be handling your I guess an alcohol policy for these types of events. Absolutely we. I am in the process. I just received that information just before this this meeting started from

[29:03] our general manager, Renee. Who is unable to attend this meeting, so I haven't in my in my possession. How I don't! I know Renee is in the process of getting it to you if it needs to be received sooner than that I can. I can see what I can do as well. Yeah, thank you for that reminder. So I wasn't responsible alcohol policy and tip straightening from Renee. But it was after the deadline to be in the packet. So it's not included in your pocket. I will send it out and exhibit hopefully during the season. But I can also share what they said. II think, for time's sake, if you could share that would be great, just because I'd like to review that before we consider.

[30:02] So, this is their responsible alcohol policy. Let me know when I can be full. Yeah, and to the board feel free to speak up if you need to. I I do have a couple of flags here. Just this is very generic, which is fine, but. for example. employees are expected to consume alcohol responsible responsibly. I guess I would just wonder what your definition of responsibility is. That's something I can. I can speak to and that can be can be amended in our in our alcohol policy as well.

[31:05] Our because our events tend to be fairly short around around an hour or so. I would say I would define responsibly, as as members of our staff who are tips, trained and obviously of legal legal standing to drink alcohol. Consuming at most one beverage. Is there? Page 2. II really do appreciate that. Mister Saar, about consideration of how long your event is, and the fact that they're probably gonna be people on bike. I would like to see that written down in the policy, though. One major red flag in your policy is nowhere. Does it

[32:05] basically give guidance on how to Id, or even to id patrons. and it doesn't have an actual legal age. Stated it just says the legal age of the jurisdiction, since this isn't ever going to change jurisdictions. It's probably safe to put the legal age absolutely. The the policy can be amended to include those as well. Also don't see anything about over intoxication over service. anything like that. And while I understand that these events may be just an hour, you can't always guarantee where your guests have been prior. Yeah, I would. I would agree with that. I think that is a that is a an important distinction to make. Especially given

[33:00] like you said you can't. You can't determine the level of alcohol somebody's consumed as they entered the the establishment. The the other thing I'm noticing here is that it doesn't speak to how many beverages a person can get per id. And nor does it say, if you accept vertical ids, or anything of of that nature. So some more specifics around the how you're gonna be identifying folks, and how you will be restricting, or at least monitoring service is is gonna is necessary. Could you speak to that? Absolutely. So one. So just to summarize what what we will need to include in this, or what we will include is a summarization of Ids. I. The important thing we have is that generally our our events have Rsvp lists. So making sure that Rsvp guests show the Id that matches up with their with their Rsvp. Also that

[34:02] that they're not, that they're not intoxicated, and that their Id is as discussing the in the tips, training and good and good legal standing not expired. something something that we can. We can easily identify or require, if need be, a second form of identification, and if the guest isn't able to provide that, then we will not. We will not be able to serve that alcohol or will that'll be denied alcohol for for the event. Similar similarly, for somebody, for somebody who appears to be appears to be under the under legal drinking age. Any anybody under the age of 30, or who appears to be under the age of 30, will be will be id'd. and anybody who is Ne. Does not provide that that source of identification will also not be able to consume our call.

[35:03] Those are those are great updates to make definitely wanna see those in writing? What one other question I had also is around security. Again, I understand these aren't long events. But just have. Do you plan on having security, or like, what security measures do you have in place? If there was any sort of altercation or anything like that. We do not. We do not have. We do not hire security or anything like that for these events. It'll be staff iding. iding. We have, we have security cameras in place and and an alarm system. If if an alteration like that were to take place, and we also have an internal among our among our locations, which we are the only one in Colorado. Among our locations we have a system of of tracking these, tracking these events and updating of updating the company on these events. So if an altercation were to occur, it would, it would be written down formally in that way as well.

[36:00] So you have a process in place internally to to discuss these and to share it with your parent company. That's correct. Yeah. typically how many people are at your events. typically, our events would range from 5 to 25 people. Occasionally it is is our up up to around 40 people, but rarely, rarely. More than that, the the capacity of 40 people is about what we would hit. maybe maybe once a year for something or something that draws attention like something around the Tour de France around the holidays, or something like that. And did you say you're the only person who is tips trained for that location. I believe they I'm the only one who is who is in this in this sheet. I've I've received by Re from Rene, the manager, the tips, certification from other from the other people. But I but I will be the main, as the as the manager of the cafe will be the main person serving alcohol. I will say.

[37:16] sure I just if you're not there. I mean, you can't always be there. So that yeah, that's correct, and II we have. We have Renee himself getting tips trained, and and we have 1 one more who among the 3 of us will always will one of us, as the only we are the 3 full-time employees. One of us will always be be at at the event. I just really think that this policy is lacking in a lot of safety issues. And I think you, we've definitely voiced our concerns. And I think that those are things that you can absolutely implement successfully. But yeah, as of as it stands now, it's

[38:08] it's really skeletal. yeah. But we've we've said, what your concerns are. So I definitely definitely consider those. Are there any other questions from the board? Gordon, do you do? You? Are you familiar with the responsible association of retailers. There we are. II am not personally, no. okay, yeah. Just a a suggestion to work with them on creating a really robust alcohol service policy. It's it's a service they can. They can help you out with. They help out a lot of our a lot of merchants and retailers in the in the city. So I would. I would definitely reach out to them and have renegot to them. Perfect. We'll do. Thank you great any other questions.

[39:03] not seeing any. All right, Mister Sword. Is there anything else you wanted to present to us? No, there's nothing else I have to present. Thanks. All right. At this time we will close for deliberation. Is there a discussion? Personally, I don't feel comfortable approving this renewal. I think it's lacking a lot, am I? Do I want to deny it? No, I think they can definitely make some headway with a better policy. I understand that the nature of their events is small, but we're a Community Safety board, and I think that we need to set a precedence and be equitable with how we have looked at other applicants. With lacking information in their policies. Anyone have anything else? Yeah. Okay. I was, gonna say that? Yeah, I mean, II echo those concerns.

[40:04] you know II would if there was like an event coming up. II could. No, I just don't feel comfortable. Yeah, approving at this time, based on what we've seen so far. So I would. I would. I would make a motion to continue this till January. II agree with both of you, and I would second that motion to continue this until January. All right. So we have a first and a second, all in favor. Say, aye, Member California, I Member Carr. Aye. Member Roberts. Aye. so, Mr. Sore, we've continued this to January. My suggestion would be just to make that, as Member Carr had said, make your alcohol policy more robust. more inclusive of all the concerns that we voiced and we can reevaluate in January. Alright, I appreciate that. Thank you. Thank you. And I'll just also note for the record that the deadline to submit items or materials for the packet

[41:07] for the January seventeenth. Hearing will be monday, January eighth. So end of day, Monday, January eighth. Understood. Thank you alright, so I'll move on. Sure. Do you want to do the same thing we've been doing with the with the modifications? There's 2 modifications for the same company represented by the same attorney. Do you want me to call those in together? You read my mind? Okay, we're gonna call an agenda. Item 8 and agenda. Item 9, together. Agenda. Item 8 is public hearing and consideration of an application filed on September eighteenth, 2023, from Safeway Store 46 ink. Dba. Safeway, store 2, 9, 1, 1, 2, 7, 9, 8 around the afternoon boulder, Colorado, 80302. Robert Miller, President Robert Gordon, Vp. And Secretary Gary Moore and Vp. And Treasure.

[42:12] Laura Donald Vp. And Assistant Secretary and Cheyenne Doug Dodge, store manager, with a business mailing address of Po. Box 2, 9, 0 9, 6. Unit Ms. 6, 5, 3, one. Phoenix. Arizona. A. 5, 0, 3, or a permanent modification of a fermented malt beverage and wine retailer offer Mr. Flicker license. and we're also calling in agenda. Item number 9, public hearing and consideration of an application. 5 on September eighteenth, 2023, from Safeway Store, 46, Inca. Safeway store 2, 9, 1, 9, 4,800, Baseline Road, older, Colorado, 80303. Robert Miller, President Robert Gordon, Vp. And Secretary Gary Morin Ap. And Treasure. Laura Donald Vp. M. Assistant Secretary and Junior Rosales, store manager, with the business mailing address of Po. Box 2 9 0 9, 6. Unit Ms. 6, 5, 3, one. Phoenix. Arizona, 8, 5, 0 3. For a permanent modification of a permitted mobile and wine retailer off premise type of license.

[43:08] and we have a few people. Alright. I'm promoting so panelists here. If anyone else is here to speak on this matter, go ahead and raise your hand. Okay? And I see that I have. Mister Sandberg is here and I have Eva. Is anyone else gonna be appearing? Mr. Sandberg? Yes. Good afternoon. Yes, I do have a couple of the store employees that are present there with me in the same conference room. So Amy, counselor as well as Dion Stephan Stephan Mitch, and then my partner, Johnstone, breakers in here as well. But he will not be testifying. Okay, I will go ahead, and if are licenses can appear on camera, I'll go ahead and have them state their name and spell their name and give their address for the record, and then you'll raise your right hand after office

[44:07] Amy, a MY. Last name COUN SELL. ER. Address is 87, 21 West, some Ninth Avenue. Arvada, Colorado, 805. Oh, I can't quite hear you. If you could speak up. Maybe that oh, okay, Dion Stephanich, DION STEF FFON, ICH. 601 West 100 seventieth place, Broomfield, Colorado, 8 0 0 2, 3. Thank you. And it will both raise your right hand. Do you swear or affirm that the statement you're about to give are true and correct. Okay? And then, Eva, I think that you did the postings for the record. My name is Eva Garrets and one of the owners of liquor licensing professionals doing businesses, liquor pros, and I am located at 551 Saddle Rock Place, in Colorado Springs, Colorado, and we are the Survey Company.

[45:12] Thank you so much, and if you'll raise your right hand, do you swear? Or for another sayings you're about to give are true and correct. I do. The premises have been posted for at least 10 days prior to today's hearing. I do. I do thank you, Kayla Great and Mr. Sandberg, if we could just get you to record your appearance absolutely. Good afternoon. My name is Brandon Sandberg, SAND. BERG. I'm with the law from Dale, Dale, car stonebreaker, and Hutchings. My attorney registration number is 42507. Good afternoon. Thank you for having us great. Thank you and counselor. I'd ask if you'd be willing to waive the reading of the procedures for both agenda items into the record. Yes, we would thank you. Great. And is there any ex parte communication or conflict of interest from any of the Board members? Member Calafano? No

[46:02] member car from now? Member Roberts? No. And is there anyone here in the audience that wishes to speak to this agenda item? You could raise your hand. not seeing any. Mr. Sandberg, you may proceed. Thank you. And does the authority prefer that? I just go location by location. Is that okay? Yeah, we need different motions to approve each one absolutely. Would you like Ms. Garrett to testify to separate times, then? That would be my preference. Yes. that works for us. Okay, thank you, Miss Garrett, and I'm first going to call you to testify if you can. Please introduce yourself to the authority, please. Yes, sir, once again for the record. My name is Eva Garretson, one of the owners of liquor, licensing professionals doing businesses, liquor pros. and Miss Garrison. What does liquor crows do for a living? We are a Survey company, conducting needs and desire survey for both

[47:02] marijuana and liquor licenses throughout the entire State of Colorado. We are also listed under liquor enforcement division as a responsible vendor trainer for the State of Colorado. And how long have you been an owner of liquor present and march first, of 2,017. Okay, in your experience, how many petitions have you been a part of 4,000 this year. Let's talk about the petitioning that you were hired to do here in this case. And let's start with the first agenda item, which is for safeway stores, 46 ink, doing businesses. Safeway store 2, 9, 1, one at 2798, Arapo Avenue, boulder 8 0 3 0 2 was your company hired to do petitioning for this permanent modification. Premises. Yes, sir, we were. Can you please describe the petitioning process that you went through here? Yes, sir, so prior to the start of the petition. Our surveyors are briefed on the type of liquor license that is being applied for in this case a modification of the existing premises

[48:05] and then the areas to be surveyed. So we were provided with the petition packets by Miss Caitlin Kellogg, from the city who who we always appreciate and then we we conducted the needs and desires survey. After that did the survey. On October 20 seventh, October 30, first November second and November fourth. Made attempted contacts for 427 business owners, managers, and residents inside the area attained a total of 110 signatures. 56 were from business owners and managers, all 56 signing in favor 100%. We then obtained a total of 54 signatures, 51 signing in favor at 94, and 3 opposed at 6. If we combine these totals, we actually have 97% signing in favor at 107 signatures and 3 opposed at 3 we are a third party petitioning company, which means we do not guarantee results. We simply provide the survey and the results are, is

[49:08] this was about standard of what we've been seeing in the boulder area. The 97%, though, is clearly higher than what we've shown. As a final result. So the 97% clearly shows a need and desire for the modification of of the fermented malt beverage and wine off premises, liquor, license. and Miss Gertz, did you pre file these results as required? Yes, sir, I did. and I believe that these are already part of the record. But if not, can we please make these part of the record? Yes, they're in our packet. Thank you very much, Miss Garrett. And you said 97% is high. What is kind of the standard range for these types of modifications of premises? So we've been doing other locations, including family dollar King supers, whole foods, other other licenses of similar type. But the average that we've seen across the board is high seventies to low eighties is the average approval rate of these. Is about the average. But yeah, the ninety-seven's been by far the highest that we've seen in the State so far with these types of licenses.

[50:19] And what are the typical number of signatures? What's kind of that range? About 100? It's it's averaged around a hundred, 20, a hundred 20 to a hundred 30. Okay? And I want to talk with you specifically about some of the businesses. Did you go to any of the retail liquor stores in the designated area? Yes, sir, we did. Okay. And why is that important? To make sure you went to the retail liquor stores when we first did. The modification back in 2,000 17, I believe, was when 3 2 beer went to full liquor. There were concerns with the mom and pops, of the local retail liquor stores and local

[51:02] gas stations and other ones that had the similar type of license and so, in order to become fully transparent to the authority we made sure to go back to those folks. If they were willing to sign we got we got a signature from them. If they were unable to due to an owner or manager not being available, we at least left the notification also reminded them that there is a posting on the site with the hearing information, and they are more than welcome to attend the hearing. If they have any questions for the applicant, or directly to the authority. Great. I have no further questions for Miss Garrison, but if the authority has any questions, please. or the city attorney, I'm sorry. Is there any questions for Miss Garretson? My computer is running a little slow did you hit up hazel's yes, sir, we did. Yeah. Those cause that was one of the ones from the last time that one. And then as you'll hear in the next hearing one of the ones that had concerns from the last time. Yes, sir.

[52:03] that's great. Thank you. Appreciate that. Thank you, Mister California. There any other questions from the Board not seeing any. Mister Sandberg. Please proceed. Thank you. If we can. Please call Amy Councillor. He is right next to me, so I'm gonna try and make this as less awkward as possible. Alright, Miss Councillor, if you can please introduce yourself to the authority. Hi! I'm Amy, Councillor. I work at Safeways, or 2911 Boulder as a storm manager. And how long have you worked for Safeway. Hey? What are some of the different positions that you've held at Safeway cashier, customer service clerk, second assistant, first assistant and store director. 15 years I oversee the daily day to day operations of sales out of stock store standards and customer satisfaction, and do some of your responsibilities and duties include making sure that your staff are trained, that they're following proper policies and procedures. Okay, so really, day to day operations. Okay.

[53:07] I wanna talk with you about the application here. It's for a permanent modification. Premises for the permanent alcohol product display area. This is a result of the proposition 1 25 that allows retailers such a safe way to now carry wine. Is that correct? Some of the customer demand that you have received since this proposition came about and was voted on? So typically about 2, 3 times a day, we'll have customers come in asking for wine. Right now. We don't carry a lot of wine because we don't have a permanent location. We probably carry about 50 to 60 skews if we were to get the license, and we carry about 500 so I do get concerns where the customers will go elsewhere to buy their product, including their food. If they want to steak or lobster, they can't get their wine. I have people that come from eerie, and sometimes Broomfield, that can get

[54:05] modification. Premises being granted would allow you to carry sounds like much more variety for your customers as a store director. Is it important you to carry the variety that your customers are demanding? Yes, absolutely. It helps sales. It increases customer satisfaction is consistency between stores also important? Yes, I mean, we do have customers that travel or go to family members, and they say I can get it eerie. But then, if I come up to boulder I can't get it. On the way home they work in Boulder. You're aware that your company has done similar modifications. Premises throughout the State. Is that right? Okay? And the last ones really, are these boulder patients? Yes, okay. talk a little bit about the one stop shopping convenience that, having a wider selection of wine would have for your customers. I do have customers just coming in like, I said. They want to get their steak or lost for the dinner and wine selection. I have to show them. That's obviously a very small section. So then they have to end up going somewhere else. And typically if I lose a customer because they can't get it here, that's about $6,000 a year to me lost in sales.

[55:08] Let's talk a little bit about the diagrams, and I believe the authority has those diagrams as part of the packet. Is that correct? Correct? Thank you. So the before and after that, we're looking at you currently have approximately 64 linear feet of permanent alcohol product display for beer, and you're simply trying to add 66 linear feet of permanent product display area for wine. Is that correct? And the location of the wine would be the same aisle opposite side as where the beer is currently at. Is that right? And then small and capatian? Okay, can you describe for the authority that may not have been to this location. Where within the store would this alcohol be located so, or you can see, can't really tell on the map. But where the the whole aisle, beer and alcohol would be is right in front of our self-truckles, basically from open to close. So I do have a self check out attendant there. So it is. Super close to the point of sale. Is that part of the benefit of having the alcohol located? Monitoring? Yes, yes, absolutely in relationship to the doors.

[56:21] So I don't know. It's I don't know if I can tell on there. But so if you go past a self checkout and go to the right. The doors are all the way on the right hand side to the east side, I guess. Can you only have one set of doors. Is that correct? Okay. So for someone to get out on this area, they would have to walk by the checkout areas, correct the once an hour that would increase if this passed. I do hourly checks. My grocery manager does hourly checks. We're about those aisles all day long. Talk about the surveillance that's in that area as well.

[57:01] We do have cameras down that aisle, and then we do have cameras above cell checkout as well, and at the front entrance is part of the training that your employees go through. Does it include making sure that they're cognizant of where the alcohol is located who is allowed to have access to that alcohol? Yes, absolutely. In addition to the standard training or the formal training, are there also constant reminders. They're being provided by yourself and other members of the management team. Oh, yes, we do. Name and grocery manager do observations where we give feedback. We have a bars program which they go in there, and they you know. I guess, test my people to see if they would pass in up hosting. Let's talk a little bit about the policies and procedures. As you have heard, the Board is there also for community safety to make sure that we're a safe and responsible seller of alcohol. So let's talk a little bit about policies and procedures. In addition to those reminders you mentioned the bars program. Describe that for the authority a little bit. What that bars program is. So it's a company that comes in, and they, you know, go through the self checkout or check stand or customer service, and they

[58:11] have an underage id, and then they see if the cashier is going to prompt to look at the Id, and then enter it. If you fail, you get a red card. And if you pass you get a green card every time they do this program. About once every 3 weeks. They call the manager they give us the red or green card. I've never had a red card thankfully. When they do get a green card. I do give them a $5 coupon to thank them for doing their job. and with the bars program. Are you or your staff members notified of what time the secret shoppers coming in? Or is it all random? Oh, beforehand. let's talk a little bit more. What are about policies and procedures? What are some other policies and procedures that are in place regarding alcohol? Like? Said we do the training. 4 times a year. We do have cameras. If you see at the self check out. We have cameras over all of that. I, me and my grocery manager randomly. Do look at the cameras to look at that as far as just observations on the front end.

[59:08] And what about carding? Who do we card? Oh, everyone we do the Id. Everyone. So it doesn't matter whether they're 30. We have signs at all the registers. We have signs at the self checkout, and it doesn't matter. The age. They could be. They could. Book 70. We still id. Everyone set up Colorado vertical ids. Yes. okay. And you mentioned their signage throughout the stores and cameras. Is that right? Yes, absolutely so. When alcohol is scanned through the truck stand, they can scan their beer or wine. It prompts you to look at their Id, and you have to physically enter the id into the system. If it's an underage, it denies the sale. It doesn't ring it up. If it's if they're fine, then obviously go through. But that does require a override which the clerk or a manager has to physically go scan. and you and other members of the management team do spot checks just to make sure we don't have a tax here that constantly enters in their own date of birth. Yes, I am up there constantly, and my grocery manager is up there constantly, and we do observations a lot.

[60:09] And then these policies and procedures. That's something that we have worse at ourselves. Rather. Yes, they do 4 times your electronically anything else that you think is important for the authority to know about your request, or the customer demands that you're receiving. I just. I just think it's important for us to get wine. The customer demand, is there? That consistency is there? And I just like I said, I did ask 2 to 3 times. where's your wine? Where's your wine? I can go to somewhere else and get it. And I just I just want to be able to make them happy. And, you know, get their meal plan. I have no further questions for Miss Councillor, but if the authority or city attorney have any questions, please. there any question from the board for Miss Councillor. not seeing any Mr. Sandberg, I did have a question that I wanted to go back to. Oh, gosh! Is she still here?

[61:04] Your petitioner, liquor prose. There we go. I did not see Hazel's on the form under the business. Did they just refuse to sign or anything. Well, sometimes and this happened with the last time, I believe Miss a member. Roberts had asked me about that, so I did go back and look once again. We do. If we go in there. Sometimes there's not a manager available, or for some instances like this. If they want they prefer. The manager prefers for the owner to sign. This was thoroughly discussed with. We actually did a round table with this, like we did on the last one with all our surveyors. This one was done by Carol Johnson. She has extensive amount of survey experience, so it was made clear that we did need to hit those areas. So unfortunately, I can't tell you right now. Mr. Caliphano, if I know they were notified once again, like I said. I don't know why they didn't. I did go back on the other petition and look to see that Bailey's and Btown line actually did sign. So we do try and hit those places, including the gas stations that have beer, wine now as well.

[62:19] or the fermented mall beverage. Great. Thank you for that welcome, sir. Yeah, no, no, I totally understand the concern, and that was that was one of the concerns of ours. In order to help make sure. Everything was as transparent as possible, especially for the authority it kind of covers us. It covers the applicant and covers you guys. So we really discuss that in extensive in ex, in an extensive that extends in in detail to make sure that they understood that we need those places at least notified at least a notification was given to them regarding the modification of this license. Perfect. Thank you so much.

[63:01] Then. We didn't have any questions from the board from his counselor, I believe. Alright, please continue. I believe there's actually a question from the assistant City attorney to Member California. Oh, I didn't see you. You're up in the corner. I'm I'm heading. That's okay. I just just for like meeting procedure purposes, I wanted to. Note that I think the sound mr. Sandberg is going in and out during your questioning and testimony. So, in order to make a ensure a clear record of the meeting or of the hearing, and make sure that the bla members can properly get all of the pertinent information. I don't know what the issue is. But just just noting that for you. And if you guys can make sure that you're just speaking, maybe directly at the speakers of your computer or something. I don't know, but II wanted to flag that and make sure we were getting everything we could. Thank you, Counselor. II appreciate it. I'll try and talk a little bit slower and just wave if I'm off. Sorry.

[64:06] And, Leah, you had something. I was just going to point out that Christiana's hand was up. Thank you. I don't see any hands now, so please proceed. I have no further witnesses at this point. the applicant, or believes that we have met our our burden here. There's clearly a need and desires evidenced by the petitioning in this case, as well as Miss Councillor's testimony that she has requested this information and and this wine multiple times a day. So I do believe that we've met our burden and again reestablish that we are a safe and responsible seller of alcohol, and happy to answer any other questions that the Board may have. Great. Thank you. This time we'll close for deliberation. Is there a discussion? A motion member, California would move to approve the permanent modification member. Carr would second the motion

[65:02] all in favor, say, aye, member California. Aye. number car I Member Roberts. Aye. alright permanent modification approved. Thank you very much. and I don't believe we need to get you re sworn in, and you've already waived the reading of the proceedings for the next agenda item, we'll just switch places. so I don't know would ask the board. If there was any exparte communication or conflict of interest for this agenda item. remember, Caliphano, no member, Carnell. I'm around her to know great. And is there anyone in the audience here that wishes to speak to this individual agenda item. not seeing any Mister Sandberg. Please proceed. Thank you very much. Before we do get started. We do wanna just note for the authority. We're gonna be going through our layout here. And the reason why I wanted to dress it now was before there was testimony. There was a quite frankly lack of where. Just a mistake

[66:07] that the beer was actually move the 48 linear feet that's already been approved was move those 2 aisles over. So we wanted to be transparent. Apologize when we saw this, didn't wanna be hiding anything so just wanted to draw your attention to that, and I'll talk about it with my witness here. But just wanted to raise that to you, and and again apologize before we get started. And with your authority I'd like to call Miss Garrison to to testify. Please please do alright, Ms. Garrett, if you can. Please introduce yourself again to the authority. I know we've gone through this before, but each one's a different hearing. Just so we have a appropriate record. Yes, sir, so once again for the record. My name is Eva Garrett, one of the owners of liquor licensing professionals, doing businesses, liquor pros. Conducting the needs and desire survey for Safeway Store 2, 9, 1, 9, at 4,800 baseline road, and we are located at 5 5, 1, 5. Saddle Rock Place in Colorado Springs, Colorado.

[67:03] and Miss Garretson. How long you been one of the owners of leisure press. March first of 2017 we took over the company. I do apologize if I misled that before I worked for him 3 and a half years before that. Okay, and how many petitions have you been a party of 40000, over 4,000, both liquor and marijuana? And did you do the petitioning for the store that we are going to be discussing, and Safeway store 29 Mag. Team, 4,800 baseline road boulder 803 0 2. Yes, sir. can you please talk about the petitioning process as well as the results, please? Yes, sir, so a part of the petitioning process. Once again we visited with the surveyor to make sure they understood the type of liquor license that was being applied for the areas to be surveyed, and reminding to remind and rem reminded them to be, an I'm biased in their approach to the residents and business people. This license

[68:03] since we do not guarantee results. This one was done on Thursday, October 20, sixth, and Friday, October 20, seventh. We did obtain made an attempted contact with 433 business owners, managers and residents. Inside that area. 41 signatures were from business owners and managers. 37 signed in favor at 90% for opposed that 10% we then obtained a total of 79 residential signatures with 64 signing in favor 81 15 opposed. If we combine these numbers, we actually have a hundred one signing in favor. 84% 19 opposed for 16. This was typical about what we've seen in Boulder. It kind of mirrors everything that we've seen before. Once again we do ask those folks to write in why they're in favor or opposed to this license. 16. Declined to provide a reason. 2 said there was enough for too many in the area, and one stated there was no need for this license in the area.

[69:05] we did. In Mr. California once again. And speaking to your concern, we did once again. Get the B town wine on 53 60, a Rappahoe, and then, of course, Bailey's, which was right around the corner we did notify them about that, and it was the manager that signed in opposition. Both of them did sign in opposition. But we did. We're we were able to grab an app, a signature from both of those locations. The 84%, though, is typical about what we've seen in the State. As far as approval for these license. And and when I'm seeing an approval. We're saying for new license. But since this is a full survey, it kind of mirrors that throughout the State, but the 84% clearly shows a need and desire still for this modification, and that the existing outlets have not yet met that need.

[70:00] and if the I believe the additional package part of the record, and just for clarity, if not, if it can, please be part of the record. Yes, we have it. Thank you. And Ms. Garrett. So this really is in that range, and towards the upper end, as far as being in favor. Is that right? And and I apologize. I missed the first part of that I think I'm losing the microphone just a little bit right there at the beginning. My, my apologies, thank you. Miss Garrison, leave you previously testified that the range of in favor is the high seventies, low eighties. So this really is within that range. Is that correct? That's been about the average. Yes, sir. and the total number of signatures. How does that compare to the typical petitioning? That's right in the middle about average. And I have no further questions for Miss Garrison. But if the authority or city attorney have any questions, please.

[71:00] are there any questions for Miss Garrison and the Board? I have one quick one. You normally go around with what the plan is to do in the modification. Did you have the correct plans that Mister Sandberg had reference. So we take the whole packet that was provided to us by Caitlin, and this one does include the plans in there. So the layouts and everything. So we do keep those with us in the back, you know we keep. There's a certain order that we try and do. So. We put the cover page on, first showing what it is, and then the petition pages right on the top. But we do include the whole packet, and when we do give the the clipboard over to the person signing, we tell them go ahead and look at everything. Just so that they have all the information right there. Read everything, go through everything like we said. We try and have everything available there as well, but everything that she does include in the packet we include we make printouts of and carry with them. So yeah.

[72:03] And Mister Sandberg was. did the cause. What we have in our packet is that what you're saying is incorrect? The before is incorrect, because the before being current today right now is actually in the after location. Okay. thank you. Shorts. Any other questions for Miss Garrison? The applicant has no further questions based on that. Alright. Mr. Sandberg, please continue. Thank you alright, Stephanie. If you can. Please introduce yourself to the authority please. Current stores record for centuries. But and how long have you worked for? Say, it sounds like you're breaking up again. The mics. Not quite working. Okay. Can you hear me now? Okay. Dion Stephanie, I am the current store director for Safeway 2919. I've worked for Safeway for 25 years.

[73:08] Now we can't hear your question. I'm so sorry. Sir. What are some of the different positions that you have held with Safeway. The different positions have been a courtesy clerk, a checker customer, service clerk. front line clerk. merchandizer, bowl, and I stagger, stagger. Sorry to interrupt. We can't hear you. Still. Is this any better? If we're right next to it. remember, we can hear you. We just can't hear. Oh, you can't hear me. Okay, I'll try to speak more clear. I apologize. Courtesy clerk checker customer service clerk, front end head clerk. Nycro Nycro manager, produce manager, assistant store director, a merchandiser and store director currently. How long have you been store director? I've been a store director for 14 years. Day to day operations throughout. I oversee everything that goes on within my store. With anywhere, from

[74:23] customer satisfaction to stocking issues to interactions training. Ii oversee everything within my store. Mr. Sandberg. I'm so sorry, but I think you might really need to bounce the computer back and forth between you 2, or just really lean into it. And and please please continue to jump in. I wanna make sure you here. I apologize for the annoyance it's causing so we're here for the modification premises from Proposition 125, which allows grocery stores such as yours to be able to sell. One. Is that correct?

[75:02] Yes, it is. Let's talk a little bit about the reasons why you are looking to have a permanent product display for wine. Currently, you just have beer trying to expand to wine. What are some of the reasons why? Just to tack on with customer consistency, also customer satisfaction. The one thing that we really need this day and age is time, and I think that if we have a one stop shop, which is, you know I've been stopped numerous times not either me personally numerous times a day, or either other colleagues within my store, just making sure that we have everything that we can offer to our customers. And as the store director, is it important that you provide one stop shopping consistency in meeting your customer's demands absolutely being a facilitator of my neighborhood, I mean, I wanna give them all of the satisfaction that they can without having to go anywhere else. They come through me for a reason, and if I can service them, I mean that's one of the main goals that we have in my facility.

[76:10] sir. I just wanna talk about the modification of premises. Currently, there is 48 linear feet of permanent product or permanent alcohol product display for beer. You are simply trying to add 6 linear feet, move it, couple aisles over where it's currently at now, and have approximately 90 linear feet of wine in the same aisle. Is that correct? Yes, that is correct. I'm trying to make this as less awkward as possible. I'm sorry. Alright, sir, talk a little bit. That wine is in the same aisle as beer. Why is it important to have it in the same location? If you guys look at my map the location is, it's easily monitored. In that aisle. It is right behind my Starbucks. Area. So it is. There's always somebody that is monitoring. When you leave that aisle as well as we have.

[77:08] we. It's in the center part of our store, so we're always up and down that aisle, also that it includes our dairy, which is a cheese which is one of the number one consumer products that we have. So we always have somebody within our aisle. We always have somebody checking that aisle. So it is definitely monitored. And that's one of the real reasons that we have it on that aisle as well. Yes, they are. One of the reasons why it's actually works out really well is because the Starbucks is one of the first things that's opened at the end of that aisle. And to exit that aisle where both beer and wine is is, gonna be the front of the store where they have to go to actually leave. So it it my employees are are definitely trained in monitoring of that aisle and stuff, especially with certain qualifications and everything like that as well. Mr. Sanford, can you repeat that last question? Sure the question being. Are Is your staff trained to monitor that area.

[78:04] Talk, talk a little bit more about your policies and procedures regarding alcohol. We have a standard training, you know, 4 times 4 times a year is where we have to actually go through liquor training. It is an online sign document. One of the other qualifications being that certain age limits are required to even have people that check out to have the cell of alcohol. They have to go through a ma a mandatory training. Just to do that as well as utilizing all the pos systems that we have within our store are all standard with the prompts of actually having that to have an enter in your date of birth and and things like that when they're actually requested to do that. and similar to the previous store. Talk about the Id requirements as well as the bars program. The bars program obviously, is A is a really good tool, especially in you know the boulder town area as well. Also, we do have a tips training that we are required than anybody that runs a register. Also having just policies and procedures such as no vertical ids, and regardless of any age, requirements, or anything like that, to even have a sale of alcohol, regardless of what it is. If that's prompted, they have to be entering that that date of birth.

[79:24] Finally, sir, tell the authority a little bit more about how, if this is approved, the permanent modification premises, how that's going to help be customer demand regarding the quantity of wine you'd be able to offer. You know, it's just really there to increase our business increase supporting our neighborhood, which is really one of the things that we're doing. They come to us for a reason. And like I said, you know, I just wanna leave on the fact that time is of the essence. And if you were planning to go and building a a meal around your store or having something where you live in a different area, and you're visiting Boulder, visiting my facility, and you can't get the same consistency of things. If you're going to like Erie or to Broomfield or whatnot just having. That is really gonna be one of the things that I really wanna do is just provide the superior customer service that we do to our community.

[80:15] And I have no further questions for the witness. But if the authority or city attorney have any questions, please. are there any questions from the Board? Not seeing any? Is, Oh, Christiana. Thank you. I would just like to get a little clarification perhaps showing the diagram on the screen so that we can understand what was in the packet, and what is just what the confusion was, or mistake. Was there? That would be helpful, I think. Sure, and I can explain it the before shows where the beer should be. It's 48, approximately 48 linear feet of the permanent product display area.

[81:05] The after that shows beer of 54 feet. The 48 feet of beer is now in that location, so the beer is in the after location, but they are utilizing 48 linear feet for permanent product display. and the and I can have the the witness testify to it. But the before to after the aisles. It's 2 aisles over. It's approximately 10 feet. We don't believe it's a material or substantial modification, but obviously wanted to bring it to the authorities. Attention, as that was a mistake that that was made. and if the authorities, not not aware with these modifications of premises, Safeway did approximately 100 of them. So there is a team that goes in to try and redesign the layout of the stores to accommodate potential approvals. And there was just a mistake where the the beer was moved before the authority had approved that that move. And so again, we do apologize for that mistake and oversight.

[82:09] Christiana. How substantial do you think that is? I don't know that it's a substantial issue as far as approving the modification. I think they've made a record of it, and they have you know, identified what the issue was. I think the main thing for me was ensuring that the bla members could see what what they were talking about on the diagrams. And what mr. Sandberg was referring to? When he was talking about the mistake in the diagrams. So if you if ble members are clear on. you know where everything is, and have the information that you all need here. Then I think that you. It's not a substantial issue for for my purposes. If you have more questions to ask or want more clarification, then obviously, please ask

[83:12] great. Thank you are there any questions from the board. Mister Sandbury? Did you have anything else you wanted to present? II have no further witnesses. No, thank you very much. II do believe that we've met our burden here as well. There's clearly a need and desire, as our our witness testified to, as well as Miss Garretson. We are a safe and responsible seller of alcohol, and obviously again, don't wanna hammer this home too too much. But do wanna just apologize for for the oversight, and that being moved too soon. Great! Thank you. This time we'll close for deliberation. Is there discussion or a motion? A member car will make a motion to approve the permanent modification. Remember, California would second all in favor, say, aye, member Caliphano, aye.

[84:04] member Carr, aye. member Roberts, aye. permanent modification, approved. Thank you very much. Appreciate everyone's time. Miss Kellogg, by the way, is fantastic. I know you hear that all the time, but she's been so wonderful to work with. So we really appreciate her. She is great. Get your reading. Thank you. Everyone. Happy Thanksgiving. You as well. Okay. think everyone is worthy custody. Great. Next, we have agenda, item 10, which is hearing and consideration of an application filed on August thirtieth, 2023, from the Med Group, also Cgba, the Mediterranean, 1,100 street suite, 101 boulder, Colorado, 80302. Jeffrey Williams, 100% owner and Greg Topol, registered manager with the premise business mailing address for a new hotel restaurant fairly soon. And if you're here for this application.

[85:22] and I'm just getting everyone in here. Good evening. Good to see everyone again. Yes, Jane. hey? Alright! And Mr. You'll just let us know who's gonna be testified for this matter. Sure, we have Aaron from from Metapis petitioning. We have Gemma Williams as managing member of the Med. And then we have Mister Tapel here as well, and just a quick clarification. When we submitted the amended application by the deadline. Miss Williams is actually the GM. As well. Not, Mister tapel.

[86:06] Thank you and I will just have or witnesses, if you'll just say your name, spell your name, and then give your address for the record. In whatever order we prefer. Yeah, we can start there, Mika, if Erin would. You wanted to start with that? Sorry, I'll help. Do I start. Gemma? You want to start. Go ahead. Hi, Gemma Williams, GEMA. WILL. IMS. There anything else I needed? Oh, personal address is 6, 7, 5, 5, harvest road boulder, Colorado, 80301, and yeah. Mister Tibel, go ahead. and I'm Greg Topel, GREG, TO, p-e l I resided 212 Pine Street, Boulder, Colorado, 80302,

[87:07] then Aaron, go ahead for you as well Aaron Mccullough, Mt. ULLO. UTH. At 1, 7, 3, 3, 4 East Twin Berry Street, Parker, Colorado. Pageirlines. Report. Thank you, and then I'll just have all 3 of you raise your right hand for me. Do you swear or affirm that the testimony about to give Eastern corrects. please. And do you swear that the premise has been voted for at least 10 days prior to to day's team? Yes. thank you. And Mr. Gemmell apologies if you already did this, and I missed it. But if we could get you to record your appearance. of course. Austin Gimmel on behalf of the Med Restaurant Group registration number 5, 2, 7, 5, 3, great. And since you're representing his counsel, I'd ask if you'd be willing to waive the reading of the procedures into the record.

[88:04] Of course, given the time, of course. great, and is there any ex parte communication, or conflict of interest from any of the Board members. Member Caliphano know Member Carr? No. May Robert Snow great. And is there anyone here in the audience that wishes to speak to this agenda item, if you could. Please raise your hand. Not seeing any. Alright, Mr. Gemma, you may proceed. Thank you so much. I'll I'll obviously start with, and a call at first to discuss our petition results Erin, if you wouldn't mind just giving a brief introduction of yourself as well as just walking us through your petition methodology, and the results that would be great. Thank you so much. So my name is Erin Mikella. I am the owner of edifice petitioning. I recently bought it on August first, 2,023 edit. This petitioning was engaged to perform a petition survey of the designated area to determine the needs and desires for the application of the Med group. Llc. Doing business as the Mediterranean

[89:10] payment for our services was received up front, and the Mediterranean was informed that we cannot guarantee results. The designated area consisted of businesses along Fall Street and Walnut Street, as well as the surrounding residential dwellings within the boundaries provided by the city of the accessible business and residential dwellings. A wide-ranging sample of the designated area of a survey for this petition over 2 days of surveying. On November fourth and fifth of the or business owners and managers and residents were informed that the Mediterranean was applying hotel and restaurant liquor license. They were asked if they were over the age of 21, and if they would be willing to provide their opinion on the Licenses issuance as fully detailed on the petition forms. Out of the 333 potential contacts that were surveyed, 142 were not available or not at home.

[90:05] Of the remaining businesses and residences surveyed, we were able to make contact with 191 people. Of that Number 22 preferred not to participate. 2 were neutral to the outcome, and 17 were not qualified to sign of the remaining participants. A 150 signatures were in favor of the issuance. Our other license, which includes 80 businesses and 70 residents. 0 were against issuance. 0 signatures were deleted. So 100% of those who participated were in favor of issuance. 0% of those who participated were in opposition. So overall the general feedback received was extremely positive as residents and businesses are very excited for this opportunity. Great. II have no further questions for Miss Mccauley. If the Board wanted to ask some questions. Are there any questions from the board?

[91:02] Not seeing any. But I do have to say that is an impressive petition. Big people are excited about the Mediterranean coming. I concede that for sure in this petition. So yeah, I know I have no further questions for Miss Mccalla. If she could be excused, that would be excellent. Yes, you can be excused. Thank you so much. Good. Thanks, Aaron, till next time. Yeah. Now, my next witnesses I'm gonna call them together. It's gonna be Miss Williams and Mister Topell. They both have already been sworn in. So I'm just gonna jump right into it. If that works for the board as well. So what we're gonna start with Miss Williams? We're gonna talk a little bit about concepts, talk a little bit about menu. But first, could you clarify what your position is with the Med yes, I'm the managing member. And so what is the intended concept for the Mediterranean.

[92:03] A Mediterranean style restaurant with a focus on woodfired pizzas, fish and meats and a wine bar. And what establishment used to be in this exact location. So for the past 30 years the Mediterranean restaurant had been operating kind of a staple in boulder under different management or ownership. Yes, under a different management and ownership. Greg was a manager for a little bit, but or for a long bit and so how? How is your concept going to be different, if at all. We very much hope to embody the same spirit of the old mess. Ro. Med Restaurant. However, we will have like slim down menu. Of full meals. Okay. And when do you intend on opening the Mediterranean? So for efficiency and feasibility, we intend to roll out the space and phases with the intention of opening at some point in January.

[93:09] So phase one will be opening at some point in January. Yes, that's our goal. Great! And I'll odd, Mister Tabella, provide a little bit more testimony on that. But. Mister Tapel, I'm going to turn to you now, so we can talk a little bit about safety and operations inside of this space. And if the board wants to follow along with our operational diagram, it's page 209 on the Pdf of the hearing packet. But we're just gonna walk through this together. So Mister Tupel, on this operational diagram that you've helped provide. There is a number of seating capacity requirements, or, I should say, estimations for each area. Can you go ahead and just describe in your own words what that is representing for each of these areas? Yeah, so the, the. The space itself is kind of naturally segmented. And that's that'll probably come up throughout. But in each of those areas that front room we have listed about 42 seats the main bar and cocktail area at about 82

[94:13] main floor, around 56 back room around 48, and the patio itself just about 100 seats. That represents the number of seats, not necessarily the number of patrons, so it's more on capacity than it is necessarily number of heads in the building. Great. And so this would be your estimation of what peak capacity could look like if the entire space is open? Great. So we'll start with the indoor restaurant area, so looks like the indoor restaurant area is composed of the front and back room, main bar, and main dining area. Is that correct? About 4 areas? Those would be that would constitute the interior of the Med. Yes. great. And so if we take your seating capacity, it looks like heat capacity. On the inside of the restaurant could look a a little north of 200 patrons. Is that fair?

[95:05] And so to help manage expectations with this many patrons? Let's talk a little bit about staffing placement. So for your front and back room. What kind of front of house staff are you gonna have in each of these areas before we move on to the bar and the main floor front room would constitute. So we we have managers throughout with a with a with a full pledged service, and I know we're interior managers will be 2 interior managers. That kind of float the space, the front room and back room, which is what I think you were asking about specifically, have 2 servers each a buser, and then a host that's dedicated to bring updates and seat the area. Those kinds of things great and same question for your main bar as well as your main dining area. Yup. So so the the main bar is gonna have 3 servers, a bus or a host that flow manager, 2 bartenders, and a bar back. The main floor itself is going to have 3 server sections, a bus or a host. And again, that float manager.

[96:06] okay, great. And on your main bar and cocktail you have bar seats as well as dining seats, but you have 12 standing seats in there. What? What does that mean? Sometimes, and we hope that we are fortunate enough to get some some some good volumes on Friday nights. But there's oftentimes people standing behind bar patrons. So that we wanted to just make sure that we accounted for that possibility, or that host in the in the in the counts. and so based on your ratios as well as your diagrams. It's looking like you're trying to keep your front of house employees at about 10 guests per. Is that fair? Yeah. That's that's a formula that we have had a great deal of success with. Really one of the things that we're fortunate to be working with the Williams family and with our company itself. Is this High Touch service model that really requires us to to maximize the guest experience. We find that for both safety and for guest, guest, experience for it, for for visibility, for everything

[97:06] that that 9, 1011 guests per front of house staff member is is the sweet spot for us great. And now, with those employees who will be handling alcohol like you, said managers, servers, bartenders. Can you go ahead and just give us a little bit of oversight of the type of training that they'll receive both from the employer as well as maybe from a responsible vendors. yeah, absolutely. So again, to maximize that guest experience and the safety and the the responsible custodianship of this liquor license. We have a very extensive training program. We're quite proud of it. It's a it's a 2 week. Comprehensive program. That includes extensive alcohol training both product knowledge service and then a ton of alcohol training. So they're ongoing and initial training training is is extensive. The ongoing so nightly we do a free shift before every shift. That's where we discuss ongoing concerns, issues and always always reviewing proper proper age dates to ensure that everybody is 21 and up when checking ids and those kinds of things every employee of ours who's serving or touching alcohol will be tips certified within 30 days of

[98:21] hire we conduct in house quarterly tips, seminars, and then so that happens automatically. Those are given to our employees. On our on our dime. If they can't attend them for any reason, they still have to do that in order to be on the floor. But that's on their dime. So tip certification, internal initial and ongoing training on all fronts great. And so it sounds like that orientation period. You're kind of going through mock service scenarios with some of your servers, bartenders, and managers as well before they actually hit the floor. Yeah, that's that's a that's a must as well. So we use more of a training checklist than a manual. So we've got our our onboarding packet. We've got our

[99:06] employee handbook, and then our on board. Our our training program is very dependent on our managers and our senior trainers. They go through day by day a structured curriculum. Then there's written assessments. There's table side assessments, and there's managerial approvals. So there's lots of layers that you have to get through in order to hit the floor, to be serving anything, interacting with guests or serving alcohol. and just to kind of round out a little bit more of your policies. What's what's your policy on handling vertical identification cards? Graciously declining. We do not serve vertical ids output, sir. So based on your diagram, this looks like it's a full service restaurant. There's no point a sales system that patron stand in line for. Is that correct. That's correct. Yeah. Now, this is a traditional full service. The the everything is ordered through staff members. Yes, great and it looks like the bar where the bartenders, as well as the bar is located. This is the only service point for alcohol. So this is this service point is serving the entire restaurant for alcohol. Is that right? That's confirmed. No other hidden bars anywhere.

[100:13] Okay, moving off of that. If, for whatever reason, say, you know me and my friends come in, and we have standing room, only I try to go up to the bar and order 5 beers for my friends. I look 15, I would hope you card me. But what would you do in that situation when I try to order 5 beers with my one? Id. What's the policy there. Yeah, no, it's it's the you have to have one id that matches the face. You can only get one drink per id. So then again, hopefully, graciously, and and and courteously. We would be happy to give you, assuming that you are of age. With proof of that, without proof of that, we'll be happy to get that for you, and then let you know that we're sending a server right over to take care of you and your friends. That server would be carting everybody at the table, 1 one id, one face, one drink

[101:03] perfect, and so just to talk a little about a little bit about egress ingress as well as visibility throughout the interior. So is the primary entry or exit for patrons. Is that towards the top of our diagram facing Walnut there. Yeah, if you look at the front room and then come down to the next level, that's where you'll see that main entry. Okay, and there's no other entry for patrons, even on the back of the premises, or anything like that. There are emergency entries, but no, as far as where the guests are coming in in a standard scenario. That's it. Okay, great. And for your managers who are floating on the interior of the premises, would you say that. There's low, I should say, clear visibility amongst each of these different rooms, even though they're segmented out. Yeah, it's it's a really beautiful open space. The the barriers that you see on the floor. Plans are actually half walls and stairs and things like that. So there's no real include. There's no visible obstruction between rooms great and for the areas that are designated liquor cabinets or bar like bar storage.

[102:09] Those types of areas on this diagram. How? How are you keeping those under lock and key? How are you monitoring those? So the ones that you see anything except the one behind the bar which is an active service area. They're really wine, storage and display. For the most part they're locked during all service, anything adjacent to service areas locked. Only managers and senior bartenders have keys to those areas. And and again, no, no public access to those areas at all. And now let's move on. Let's talk a little bit about the exterior of the premises. On the licensed floor plan. That's page 208 of the hearing packet for the board. There! There is a little area that's carved out near the planner facing walnut. Could you describe what this area is intended to be used for as well as why is it licensed?

[103:01] Yeah. You're talking plan north. Yeah. The planner that's facing walnut out near the entry and egress for Patreon. Yeah, so we we would use that as a kind of a a service spillover area. It is. It's it's it's sectioned off by stanchions and signage, and it is a full ser service area. And that is just if there is a density inside the bar or the restaurant that requires us to spill out. We we like to have the flexibility to have that be a service area as well. Great. So it's more of a temporary, almost waiting area for people to maybe be seated, or to just grab a quick drink. It is absolutely that. Yeah, it's it's not, it's not, it's it's not where people would sit down and have dinner or anything like that. Beyond this point signs. What are some of the other measures that you're going to be using to ensure people aren't just walking off with alcohol like it is a placement of staffing or anything. It is. It is a fully manned area, just like the interior of the restaurant or the patio. It is again, every stitch of operational area is a serviced area.

[104:09] Great maintenance. Yeah, great. And now, moving on to the the back patio which is towards the bottom of our floor plan, could you just go ahead and describe what this patio layout looks like in terms of full enclosure, the levels of it that would be helpful for the board. You got it so the the vast majority of it is so you go through French stores. The only way to access the patio is through the restaurant proper. It's a hosted area. So guests are always escorted out. And and, like, I said, fully manded service. The the vast majority of is on a single level of patio, although you can see 2 areas that go up 3 stairs. They're they're separated by their their 3 stale stairs higher. There's little half retaining walls. But the whole thing. It's it's protected from the weather. It's protected from everything. It's a fully enclosed patio area. It's a it's a really special place. And in my unbiased opinion. The reason that that the Med. Was so successful for so long. It's it's awesome out there, great. And we can see on the diagram. There's some stairs in an entry way up to another unit 101 a. It's towards the left of our diagram. Can you describe how that's blocked off, or what the entry look or prohibit access. Looks like.

[105:21] That's that's the patio of another restaurant. It's fully closed off by cast iron gate locked cast iron gates. There's no ingress egress in that area at all great. And then towards the bottom of our floor plan. There's an exit down there, as well as a staircase. Can you kind of explain there what the purpose of that exit is, and how you'll be monitoring that entry and exit with yeah, those are pushbar emergency exits. So nobody's coming in those doors, but they are available in case of emergency for people to leave. So we, as the restaurant proper. Don't utilize that. We don't get deliveries or anything through there. There is. A an empty keg cage just outside of there that we lock up empty keg. So on very rare occasions our bustles will go out but the stairs, the stairs that you show there are stairways up

[106:07] to second and third floor offices again, never used by our restaurant staff, and besides. closed off with extensions and signage perfect. And so we didn't talk about the hours yet, but for the restaurant and and whole, what are what are the intended hours of operation even as we go through these spaces? Yeah, so let's call it the summer hours, probably the longer hours we're opening at 110'clock for lunch and running till 100'clock at night. For on Sunday, through Thursday, Friday, and Saturday, 110'clock in the morning till midnight. Yeah, that so the because the patio itself is enclosed. It. It is really, I would almost hesitate not to call it seasonal. It could open in December, based on the the temperature being right, it's got coverage. It's got heaters. So II would call it more temperature dependent than seasonal, dependent, because we could find a nice day in the winter, and we're opening that up staffing the heck out of it so it it could seasonality, I'm not sure, is the perfect term.

[107:12] No, I gotcha. No, I should have said that we live in Colorado, and every day is different. So that makes sense. I appreciate the explanation. But with that being said, during your during your hours of operation, will you? Yeah, go ahead hopefully. Greg is okay. I apologize profusely. They were. The cleaning crew was coming up. But they're just no, you're good, we're almost done. So I appreciate that. Thanks, Greg, yeah. What I was saying is with the hours you'll you'll be open for, even if it's 10 to 11 or 11 to 10. I'm I'm sorry. At all times you're serving alcohol will full meals also be available.

[108:00] Absolutely okay, great. Sorry you kind of is your Internet connection. Okay? I thought it was. But we'll find out for sure. Yes, yes, I have. During all hours of operation. Full meals available. Yup, okay. Great now, now I can hear you perfect. It looks like the seating capacity based on your diagram for the patio. Is that about 100 folks? Is that? Does that sound accurate? Yes, sir. Okay. So for that peak estimated capacity. What are you gonna do for staffing out and the patio area to to match that. So there are 6 server stations and additional manager under additional host, 2 additional busers, and what's not really easy to depict is if that if that is in full operation. you would also have an additional bartender in the main area, but only when that additional capacity is activated great, and when this place is up in full operation, the entire space is open. Will your managers also use other devices to stay in communication with each other throughout the restaurant.

[109:03] Yes, we are. We will be using walkie-talkie's full-fledged air pieces and key personnel. In addition to management will be connected at all times. as Miss Williams had testified. The intention is to roll out spaces of the floor plan. Could you kind of describe what that's gonna look like? And maybe some intended benchmarks for the same? Yeah. So we're all excited. I think the world is all excited to get this thing up and running, and we, we can't wait to make it happen. But we wanna make sure that we're doing it in a in a conscientious, intelligent way. So phase one, we're really talking about opening up primarily the the what what's depicted as the front room, the main bar and cocktail area and then the rest of it. We're gonna phase out the the rest of the interior later on down the road, and then the gem of it all is when we get to open up the patio. But for phase one very light and easy we're gonna try to do just that front area primarily

[110:04] great. And we're intending phase one, maybe mid January. Is that is that correct? Yeah. For for our humble beginnings. That is our intention. Yes, good and just to verify will full meals be available at all times? Each of these phase rollouts are occurring absolutely. Yeah. So as we activate the space, though. We're gonna make sure that the space. So for things like the food service licensing with the kitchen is fully operational. All the chairs and tables in place. We're gonna be ready to go. It's just we're gonna choose not to do so until we see that the volume. The need and everything that we are looking for is in place. We are. Have the luxury of being able to do this in in pieces and parts doing no small part to the Williams family, so it allows us a much greater likelihood of success, and we feel fortunate about it. perfect, and so understood on nothing changing inside the floor plan until everything's open. But how are you going to keep patrons from wandering into closed areas while you're rolling these faces out.

[111:07] So I and I'm not sure how granular we want to get. But if you look at see between the main bar and the main floor. You'll see kind of a stairway and some, and what looks to be a thick wall. It's really a half wall. So that's gonna be filled with planter. We're visually there. There'll be no no service beyond that. There'll be kind of a visual block until such time as there is service staff members will still be going to the dish pit. They'll still be prep going on in the kitchen, but patrons themselves will not be going that way they can get everything that they need in that front area, including bathrooms, exits, everything good. So you'll be using stanchions and maybe curtains or temporary barriers to ensure patrons aren't just wandering around. That's correct. And Gemma has an incredible aesthetic eyes. So she's gonna come up with some really cool ways that we can do that perfect. So let's move on.

[112:01] Williams had also alluded to that you may be a little familiar with this floor plan. Could you explain a little a little bit about your background with this particular space? Yeah. So this. This was one of 3 restaurants with the Walnut Restaurant group that I was the Director of Operations for for 22 years. I started before Gemma was born as a server there and then moved up into bartending and management relatively quickly went over after becoming the bar manager there for many years. Went to open the browser as the opening manager. And then, when we opened via Perla, the same restaurant group was when I moved into the Director of Operations responsible for all 3 locations. So. Yes, I spent an inordinate amount of time on the floor of the Mediterranean restaurant. It was an amazing time. No, great. And let's clarify your role as related to the Med group this time around. So could you just remind the board since we were here last month?

[113:04] What your official position is and who you represent? Yeah, so I am. CV. CEO of Evg hospitality. We're fortunate to work with the Williams family on a number of projects. This role is similar to the ones that we have. also with the with the bulk broker swim club. We are consultants that help to hire train run financials, do weekly meetings essentially make sure that everything is on track at all times, and then advise on how to get it on track. If food costs goes awry, labor cost goes awry. The employee manual needs updating. A general manager needs to be replaced, any of those types of things would fall under our umbrella great, so similar to boulder broker. You're also consulting on the Med group in this situation. Yeah, very similar relationship. Yes, great and just to clarify those past topics.

[114:00] your entity is not the one that's actually hiring the employees. Is that right? Is it the Mediterranean group that's hiring these employees? That's correct. They are not our employees, but we are absolutely, very involved with the, with the, with the, with the where you post your ads and on salary levels. We even help to do some of the interviews. But ultimately my direct report is Gemma, and all decisions are hers. Great. And yeah, you hit on my last point here. So even though you are consulting, and you are lending your experience, which is very vast for this space, especially at the end of the day. Miss Williams has the ultimate decision making authority. Is that fair? And she is your direct report as managing member. That is correct as well. Great. And then in for evg in general, you've already kind of given us a background of all the licenses that Evg is consulted on. Have you ever received any sort of litter? Have those establishments, I should say, ever received any sort of liquor license violation while you've been involved in helping consult.

[115:01] No, sir, we've been incredibly diligent about it. It's one of the feathers in our cab, and it's something we definitely intend to keep. keep on going forward with. It's it's crucial to us. Yes. great. I have no further questions for Miss Williams or Mr. Tupel. The authority obviously may have a few questions for you there. Any questions from the board? I know I do have a couple one is kind of a personal question. Are you bringing back the top? Us and advertisers in phase? 2. Yes. So when when when was talking about it. You know. Really th, the formula for the med was so magical for so long. Yes, we want to bring that back. But yeah, that's probably going to be more prevalent in phase 2 than phase one and then the other question was, I haven't been by that area, actually live in the neighborhood in a while. But did you get rid of that painted on door outside? I've seen people try to use it. No, the the mural, the mural still exists. And and I think it will. And yeah, that that and not to say that we as staff members, found that I'm using. But we did.

[116:15] And then my last question is more logistical regarding the planter area. I believe you said you would be putting planters around the perimeter kind of to make like a little waiting area stanchions. More than yes. Yeah. Okay. Okay. And to provide that barrier from the street. Yeah. Yeah. Cause I just saw that the license kind of goes towards an area where there's no door, and I think you did that intentionally for service. I just want to confirm which city that that's all okay without, because people are gonna have to be going in and out of that cause. That's your main entrance. Yes, maybe rephrase that question. One more. Yes, people are going in and out for sure. I'm sorry. Go ahead, Austin. Yeah, yeah. I was just gonna say it's it's almost as if it's a a small patio area. It's not it's not public right away, by any means. If that is what the board is concerned about. Because this area is more interior. Walnut Street is up and past the planner, and the sidewalk is up and past the planner. So this is still private property, and they're essentially just using the stanchions to make

[117:20] almost like a tiny little patio area where people won't just be like standing in the doorway and creating any sort of hazard or alarm there. Sure, just on the map, it looks like it was going into an area where people would be entering the establishment, and I don't. I didn't think that there was no physical barrier there, so that was my only concern. But II might be splitting hairs here. No, please, by all means. Yeah. it has been the same, or it's the same footprint that had been licensed for the Med. For the last 30 years of that. So we kept the existing boundary of where we were applying for the liquor license. Yeah, there's enough room to move people around there as well in terms of blocking them off from just going in and out of the entrance.

[118:07] Leah, what were you saying? It's interior yes, that planter standing area. It's more of an overhang it is still exterior, but the the roof essentially overhangs that, so it still keeps people shielded from the weather. But it, it won't necessarily. It'll be like, I said, kind of stationed in a way that will prevent people from flowing in and out of the entrance and exit, and, as Miss Williams had also testified, it is the same area that was previously licensed. We just kept it the same perfect. Thank you. Are there any other questions from the board? So you're rolling out in phases, and I was just wondering if and when you do a press release, and people are super excited like how are you? I mean, I would expect it to be booked out

[119:03] the first night just as a boulder, and you know, managing those expectations is is absolutely a a, a pinnacle, pinnacle kind of a concern of ours. So I'm very, very soft opening even it was because even when we posted just to do the liquor license, my phone exploded. So I don't know that we're going to be able to do it quite as quietly as as we originally wanted. So you're what you're talking about is is something that I think is gonna require a great deal of thought and and and tenderness, because we want to blow people's mind when they come in the door, and when they come in door, and they see. Oh, this is. This is a humble beginning of, and we don't want to be sad about that. So yes, we are actively working on that, and that the Pr people are gonna help us with that. So okay, cool. Yeah, III just everybody. I was excited to see it.

[120:03] We are, too. I had a question about the front entry way. A. How would you handle a situation in which someone got a drink from the bar and decided, Yeah, I'm waiting for my table. I'm just gonna go outside and kind of stand that front entry way. They may have no understanding that it's not liberal license. How do you? How have you handled that? How would you handle that? So the if if if there is that kind of spillover like, I said, and and I hope that it's a problem someday. but it would always be the middle of spring, middle middle of summer, something like that really, there is no we under normal circumstances, no alcohol goes outside that door unless we sanction it off. And there's a server and manager in that region, so I would say 9 times out of 10, nobody's going through that door, but if they are without call, it is, it is now been a stanchioned and bordered off section it's I you? Yeah. In other words, you you couldn't just meander off into the street and and have a glass of wine or something.

[121:01] Yeah, Greg to clarify, too. If somebody was in the standing area of the bar had a drink, and then they tried to walk out with that alcohol? Would your hostess, would your manager, who's surveying that area? Would they try to stop them and prohibit them? We don't we? Don't we, the only person that can go in or out of that exit with a glass of wine would be a server on a tray. And then, like, I, said III almost hesitate to bring up the planter. I don't think it's going to be a part of our lives, but it was the original kind of a layout. And so we just wanted to. We thought we were simplifying things by leaving it exactly as it is. But really, when and if it ever does become a factor, it servers in and out no individual guests. Greg. thank you. All right. If there's no other questions from the board. Mister Gimmel, did you have anything you wanted to present? Not at this time. Just very briefly in closing. I know this has been a staple for many, many years, and you could see the excitement throughout the petition results as well as the feedback that was received on the same. So I would say that needs and desires have been more than met in this situation, and lastly, as secondary part of our burden, improving good moral character given Miss Williams testimony, as well as Mr. Topel's experience

[122:27] that, he's lending for this particular location. especially with the fact that they are being conscientious about opening the entire space at once and rolling it out in phases for feasibility and efficiency. I would say that we'd have also proven good moral character or safe service of alcohol in this particular location. So without further ado, we would respectfully request that the board grant this liquor license. Great. Thank you. At this point we'll close for deliberation. So a motion, any discussion? The one things that I do want to say as much as

[123:01] I like this place, and it's not. It's personal. We're unbiased, and we're a community Advisory board. So they're petitioning. was II don't think I've ever seen 100. Maybe I have once or twice, but it's not very common. So that was a huge factor. Secondly, there, employee. What do you call it? Policies packet? That was pages after page I kept scrolling, being like, okay, this will be the last page. This will be the last something new. So I was very impressed by that. I think. Yeah, so. Ii see this is a very community safe license. And I would make a motion to approve. But if there's any other discussion. I would say that I agree with your statements, and when I saw it I was of course excited, and I was even more excited when I saw how big the packet was and the policy, and like, you guys really came prepared. And I really appreciate that.

[124:09] So. Oh, wait. So I really appreciate that they came prepared. And so I have the same sentiments as you. Yep. I mean, I think, Matt, did you just make a motion. I did. Yup, so I'll second that motion Member Carl. Second the motion to approve all in favor. Say, aye, Member California. Aye. member car I Member Roberts. Aye. license approved. And please bring back the petatus bravas.

[125:09] Alright. thanks everybody. Okay. Next we have agenda. Item. which is matters from Assistant city attorney. and I don't have anything for you guys today. And, Christian, I was just saying that cause we kept saying, we like this. We like this. They didn't want to appear by understood. II appreciate that and and remind putting that reminder on the record is. not a bad idea. and that's also why I wanted to follow up with how impressive their packet was which made me even more happy. But this establishment would be prepared. Yeah, absolutely. Well, unless you guys have any questions for me. that's all. In my end. Any questions. don't see any. Thank you.

[126:01] Thanks perfect. Oh, I actually I'm sorry II did one thing to bring up, and I don't. I think so I realized I wasn't present at last month's meeting, but I did not abstain from the vote to move the minutes from last month. So do we need to redo that I just wanna be? yeah. So II mean, abstaining or not. Voting would mean there's not a quorum so II think that when it's a circumstance like this, where we have to have a quorum in order to move the like, get the vote that we need, and do the action item. If you are comfortable with like keeping your vote as approving it, then I think you can act still, and I felt comfortable with it, so I think we can keep it as it's done. Perfect. Thank you.

[127:01] Thanks. Okay. Next is agenda, item 14. And on your agenda there was not boundary settings. But since we are not gonna have a December hearing we'll just set the boundaries for one application that would have been set in December. If that's okay with you guys that works. Okay? Great. This application is for whole foods. Market, rocky mountain slash, southwest lp, Dva. Whole Foods market for a permanent modification of a fermented mall beverage and one retailer off premise type, flicker license application at 6, 9, 5 South Broadway boulder, Colorado, 80305. An option. Yeah. But the suggested boundaries? Actually different from teamsupers, which is not same shopping center. 3,600 people, mesa and that is diagonal highway on the north. City limits on the south city limits on the east and diagonal highway on the west.

[128:09] So this is where the whole foods is, and then the King receivers is over here. hopefully, I show that. And you said diagonal on the on the west. Yes. wouldn't it be limits on the West. It could be. That's just what I pulled from the old application. because I'm making super's application. and we're not talking about the King Super's on thirtieth super's in gun barrel. Also there's one there. It's right here. So this is the whole boots. And then this is the King super right? But I were. The the boundaries that you pulled were those from the King supersede in gun barrel by accident, or

[129:06] I don't think so. It might have just been incorrect in there. I'm so sorry. No, worries II would move to do city limits on the west city limits on the south foothills. M. What do you guys think about foothills on the east? Photos extended. maybe 50 fifth on the east. I like that better. 50 fifth on the east and a baseline on the north. Yeah. okay, so I have baseline on the north, Sydney limits on the south, 50, fifth on the east and city limits on the West. Correct. and I'll make that motion. Is there a second Denver? Carl? Second. all in favor. Say, aye, Member California. Aye.

[130:01] member car. Aye. Number Roberts. Aye. thank you very much. Alright. And then there were no liquor, license, transfer applications, breweries, binaries, or distilleries. You have your special event place in there, and renewals. and the only other thing that was included for matters from licensing clerk is. There is the timeline in there for board recruitment. So select board. Recruitment will begin on December eighteenth. I believe. and it will conclude on Monday, January 20 ninth. So that's the application. Deadline. I don't have. The applications aren't open yet. I think that the yeah, they they won't be open until that Monday, December eighteenth. So we don't have application materials quite yet for you. But

[131:03] that's kind of the timeline. All of that happens to the city clerk's office. So if you have interested parties, you can direct them to the city clerks office website. And then that's just the rest of it. Just kind of the timeline of how they select when the interviews will be, and then when city council will decide and up. So it looks like you would have a new member on Thursday, March seventh is one month. Formal appointments. We need to speak out great. Thank you. No problem. And then I'm gonna hand it over to Kristen C. Cause I believe she has. One more thing. Thanks, Caitlin. Hello! Everyone wanted to check in with the board regarding your annual retreat. We were looking at some potential dates to hold the retreat. Maybe early next year. One thing we were thinking was, maybe it makes sense to have the retreat after we hopefully have some new members on board. So maybe sometime in early to mid March might be a good time. We're looking at. Maybe the week of March eleventh

[132:18] so just wanted to put that out there and see if you all had any initial thoughts on potentially scheduling the Retreat that week. It would be the week it would be the week after good new members are appointed. and the week before you're regularly scheduled hearing I, personally could do that. I would aim for potentially a Wednesday, if at all possible, and maybe starting a little earlier. So I don't know if that works for other members in terms of start time. But just so, if we do have a long agenda, we're not going till 890'clock at night.

[133:02] What was that date? Again. March. That would be Wednesday, March thirteenth. Okay. I think that can work. Yep. that should work for me. Great and staff is, I think, pretty flexible as far as the start time. Is there a time that would work best for the Board? Personally, I like earlier. But what do you 2 other board members think I'd say, Go ahead, Mike. I was gonna say, I mean, ideally, 4 would work best for me. I could. I could probably do earlier like 3, 30, or even 3, if we had to, but 4 would be the ideal time.

[134:00] I can be pretty flexible. I think it's far enough out that I should be able to make it can work. I could make 4 work great, and we will structure the agenda to make sure that we're not all staying too late. This step is sensitive to that, too. So I really appreciate that feedback. We'll we'll look at those dates and then follow up maybe in January with a little more detail, but just wanted to run that pass the board before we started making any plans. So thank you. I mean, unless there's dinner involved, then it's another topic. So we will. We can't provide dinner. Typically, we'll do like a box lunch. So that's definitely something that we will be incorporating into the retreat. But we still don't want to keep you too late. But you will be fed. Yeah, if keep is too late. Then it has to be like a happy hour or something afterwards. So I don't think that's in the budget.

[135:02] Unfortunately, no, but we can. We can get you dinner, so we'll we'll talk more details in January. Great. Thank you. Thank you. Awesome thanks. Kristen, and last is just matters from sharing numbers of paperwork. I know I can't remember what it was, but we tabled something before Member Carr got here, cause I wanted his opinion to. Did we already address? That's right. Okay, thank you. Couldn't remember. Just wanted to put it out there, too. I don't. We don't have to have a robust discussion right now. But I think that if we can get Member Absalom present at the January meeting, I do kinda wanna throw it back out on the table of potentially meeting in person. I know that II worked with Kristen, or I spoke with Kristen outside of this about that and they have said that council chambers could be used for that. it just if it's available. But my one concern since everybody's pretty much gotten used to the zoom over the last 3 years.

[136:05] I know that. I can't think of her name. I can't remember her name with liquor pros. She lives in spring so it could be. It could be a potential issue for her. But I was wondering what the capabilities of that room are we able to do hybrid meetings in there? Yeah. So that is actually currently being renovated to be a hybrid meeting space. So well, I think it's it was capable of capabilities, of a hybrid meeting space. And then now they're renovating it. And it's still gonna be a hybrid meeting space after. But either way. It's currently under regulation. So capital chambers isn't currently available. I don't believe in it. Won't. People even won't be available until the New Year is if I recall correctly. But after it's renovation, then yes, it will be available for hybrid meeting. So it's set up in a way that, like

[137:02] whoever is appearing in person, and specifically the board is appearing in person, and anyone else can appear virtually and then we would just have staff there. Staff would also be there in person. So that's absolutely capability. There's other rooms in city that are also set up for hybrid. They're just smaller. So there is a room or 2 rooms, I believe. On the first floor of the Brenton Building, which is actually where city licensing offices is. I am not 100% sure that those rooms would work super great for our purposes, because we do have a lot of people that come to our meetings. it. I believe that, like the cloud is, maybe we've met there before, but they don't have as many people at their meetings because they are not as judicial board. Yet so because of the nature of your meetings, I would advocate that council chambers is probably the best option for hybrid once it's done. and that's what we've all kind of, concluded the Brenton building works. It's just not the most ideal for our purposes.

[138:04] Council chambers has always worked a lot very well for us, and if it can be hybrid, I think that would work, but again just wanted to throw it out there, I'll probably be bringing that up at the January meeting. if if I may just like jump in really quick. thank you. For for hybrid meetings. We would wanna talk about policies. Because this is like we're presenting evidence. And we have quasi judicial hearings and things like that. We're gonna have to think about how we want to manage? You know, attendance like, can everybody be like, choose to be online, or or can are there certain people who are required to be in person or something like that, plus with the hearing issues. And this is just flagging it. For you guys, this is not meant to be a robust discussion in this moment. But yeah, just pre presenting evidence and and deadlines for packets. And you know people presenting things in person when the other people are aligned and making sure everybody can see what they need to see. Those are all issues that you know all kinds of communities right have addressed. And need to think about when choosing to do hybrid meetings. But I just wanted to flag that for you guys.

[139:22] No, that's that's something that I think it would be important to have those in place, and then it would be tough. because then I'm just gonna throw this out there like today, I just got back from urgent care. I think I, you know, like, want me there today. So then I wouldn't have been there, or I show up on here, and then we gotta explain why I'm here. II don't know. I? Aye. I also. People's like Miss Williams is working on all these different businesses, and if she's coming before us, I also don't want to make people like be so inconvenienced. And then

[140:01] I don't know. I'm just we can certainly discuss it more. I'm just throwing out there like today. That would have been a real issue for me. You probably noticed I was like trying not to go on video too much, but I needed. too. So I don't know. just starting that up there. Yeah, absolutely. And I can tell you. before I came to boulder II worked with other communities. Who kind of just like you can just attend online. Ver, if you want to, no matter who you are, whether you're a applicant or just member of the public who, wanting to speak or a board member, anybody can choose and again, this is just one way to do it. But It is one way to do it is just anybody can choose to be online or in person. And we just have both spaces ready. And then we just craft our evidence and like packet deadlines and rules and things like that around

[141:03] around that. Basically right? If there are deadlines, or something like that, or say, Hey, look! You can't hand me something in person during the meeting that nobody else can see. You know, so sounds like we almost didn't have a hearing today. Oh, I'm out of town. So like I'm not even the State of Colorado right now. That would have been difficult for me to attend the hearing person. So I'm glad we happy to do things remotely. Yeah. all right. Well, that's all I had. Is there anything from any of the members? No, but thanks for bringing it up? I think it's something we should revisit and keep and make sure that the public doesn't have doesn't prefer. as we are serving the community like prefer for us to be in person or something it's good to always check in. Yeah, there's just so many distractions when I'm here. So maybe it's just me finding more appropriate.

[142:09] alright motion to adjourn. I mean quite great there. A second member California would second all in favor. Say, aye. amber, California member, Carr. Aye, Member Robert. Aye. we are adjourned at 5 40 PM. Thank you. Guys. that's the Thanksgiving room and Christmas and Christmas. Bye, bye.