January 17, 2024 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] In just a minute, so let me get the recording started and you guys can start. All right, call to order the beverages licensing authority hearing for January seventeenth, 2,024. Thank you. We're gonna start with instructions for virtual hearing and rules of decor. I'm gonna share my screen. Okay. That's it he has engaged with. Alright, cool. The city has engaged with community members to co-create a vision for productive, meaningful, and inclusive civic conversations. This vision supports physical and emotional safety for community members, staff, and boarding commission members as well as democracy for people of all ages identities, lived experiences. And political perspectives. More about this vision and the project community engagement process can be found on our website.

[1:02] The following are examples of rules of decorum found in the border 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 really new to city business. No participant shall make threats or use other forms of intimidation against any person. I've seen any racial appetites and other speech in behavior that disrupts or otherwise impedes the ability to conduct the meetings are prohibited. Participants are required to sign up to speak using only the name they are commonly known by and individuals must display their whole name before being allowed to speak on black. Currently on the audio testimony is permitted online. And then the Q&A function should only be used for technical questions to staff and should not be used for public comment. Right. Next we have member roll call. You'll just speak your presence aloud. Member Mike Gaskell? I'm not an absolute present. Remember, Michael Carr? And the car present. Your back.

[2:01] Hey, Mack, California, present. And member Lee Roberts. Remember Lia Roberts present. Thank you. And, actually we have the approval of average licensing at 30 min from November fifteenth. Did any of the board members have any edits? Remember, Calafono did not. Remember Epsilon will abstain as I was not present. Alright, not seeing any. Is there a motion to approve? Empcar will make a motion to approve. Okay. Alright, member Roberts, was that a second? I second that motion to approve. Great. All in favor say aye, member Calafan. I. Remember ever today?

[3:02] No problem. Man's approved. Thank you so much. Next is, hearing agenda issues for our licensing clerk and we have no agenda issues today. Next is agenda item 2 matters from Boulder Police Department and officer Leah Reck is here she is on the phone so I'm also I'm gonna go ahead and on you you should be able to talk Okay. There. Hi, it's Officer Red. Can you hear me? Yes, we can. Bye. I have no issues. Nothing to bring up other than I've collected over 1,400 fraudulent IDs we had 2 so-called hearings that are gonna be coming up next month Yeah, we are.

[4:00] Getting ready to start our inspections here this next week. Great, thank you for that. I did have one question. Are you, Upping it all or able to up your compliance checks Yeah, so we have, I, had an injury so I wasn't able to go out to full duty. I finally got released back to full duty in December and now that all the holidays are over and everything we have set plan upser the marijuana officer Jennyak and I are planning on hitting those at least a couple of times a month if not more than that. Great. Thank you. Any other questions from the board? I'm seeing any. All right. Well, thank you, officer, Rick. Alright, thank you. Thank you, Alex. I'm gonna mute you if you need to say anything else. Just, go ahead and I think you can raise your hand.

[5:04] By doing star 3, or you can just send me a quick email. Okay, next we have agenda item 3 which is matters from responsible association of retailers. I don't see that. Nathan or anyone from our is here. Yeah, I know Nathan is gonna be late sometimes so if he comes in I'll let you guys know and we can revisit that. Next we have agenda items for general public comments for future beverage licensing authority hearings. If there is anyone who is in attendance who would like to give general public comment on something that is not on the agenda go ahead and raise your hand at this time. You can also give me a thumbs up if that works.

[6:01] I'm not seeing anyone. Last call if you're here to get general public comment go ahead and raise your hand or give me a thumbs up Alright, not seen anyone. Okay, next we have, agenda item 5, Pinko Corporation, DVA chicken on the hill, 1 1 1 9 thirteenth street, Boulder Colorado, 8 0 3 0 2. Monthly status report to the BLA and you are here to report on this matter go ahead and raise your hand. Alright, And, entering the meeting here to be able to talk. All at the, know that. As of January sixteenth the licensee was not even standing with sales tax but as of about an hour before it's a hearing the license you did become in good Let's just add one for you guys.

[7:02] Great, thank you, Caitlin. Mr. Luke, can you explain a little bit about, why that was not filed on time? So. When we were filing our taxes, I wasn't aware of, this. Line 6 A city food service text. And we got it all figured out. Wow, and they were telling me that I have to put our gross revenue into that as well. So I fix it all up for all of the Salesforce we have been filing so we're all in compliance. Okay, thank you for that. There any other questions from the board? Was that a change in the forms? What? What cuts that oversight to occur now. I wasn't aware that we're supposed to unclick the box. It was a little checkbox.

[8:02] And then we have to put in our Girls Revenue. I wasn't aware of that. Until now. So next month you'll be on time then, right? 100%. Great. Yeah. I just think there would be some considerations if you weren't on time next month again. Just wanna make you aware just because you're already here. So I just want to put emphasize on that. 100%. I have to send that. There any other questions? Alright, thank you. Thank you, sir. Heylin, you're muted.

[9:00] Okay. Oh my gosh, sorry. Thank you. Okay, I do have a divided 6, which is continue public hearing and consideration of an application file on March 20 ninth, 2,023 from Rafa. 1 8 1 5, Perl Street, older Colorado 8 0 3 0 2. So I'm a maximum, 100% owner and Renee Erera registered manager with the premise business mailing address for a renewal of. You're here to speak on this matter. Go ahead and raise your hand. I guess you're right. Okay, and then Rene is. Koming into the meeting here. And then while that's happening, I'll let you know that this license isn't good standing with sales and occupation tax. And then they did submit some information that is new and that is in your, get as well.

[10:00] So this, this hearing. And Mr. Herrera, how do you turn your camera on it possible? Awesome. And, you're muted for me. Just. Hi. Hi. Okay. So are you the only one that's going to be appearing today? Okay, great. Yes. I'll just ask where you in really quickly. Yeah. If you all raise your right hand. Yeah. Do you swear or firmly the students you're about to give before the beverage licensing authority are true and correct? Yes. And to use where or from that the premise has been posted for at least 10 days prior to today's hearing. Yes. Okay, great. And then. But you'll just say your name and spell your name and provide your address for the Yes, my name is Rene Herrera RENE HERR ERA. And our address is 1815 Pearl Street. Boulder Colorado, 80302.

[11:07] Thank you. Very much. Alright, mister, I'm gonna go ahead and read the proceedings into the record since you're not represented by council. The public hearing before the beverages licensing authority of the city of Boulder to determine whether or not the application of Rafa racing LLC doing business as Rafa. Hmm. For renewal of a beer and wine type liquor license shall be granted or denied. This hearing conducted pursuant to the laws of the state of Colorado and the rules of the beverage licensing authority of the city of Boulder. Yeah. Purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this authority to make findings and to reach the required to be made by state law as to whether or not the license shall be renewed. Interested party for the applicant residents of the neighborhood affected by the license as previously determined by the authority and the owners and managers of businesses located within the neighborhood.

[12:11] Bye. This hearing shall be limited to questions of whether or not there is good cause to renew the license as set forth in the note of hearing data January, seventeenth, 2,024. The record is being made of these proceedings. Those who desire to be heard shall identify themselves by taking their name, spelling their last name, and stating their personal address. Yeah. They shall also be sworn in by the board secretary. Okay, communication or conflict of interest from any of the board members. Remember Absalom, no. Yeah. Remember car? No. Remember Roberts? No. Hmm. Yeah. Great. And is there anyone here in the attendees that wishes to speak to this agenda item if you could please raise your hand? One Not seeing any All right, Mr. Her, you may proceed. Sorry. Yeah, so we submitted our application. It was a couple of tech documents. I don't think that was approved.

[13:05] Before we, I'd also didn't have staff members, our tips certified, now our management team is to certified and we have a alcohol responsible policy established in the clubhouse and it's printed. We are mostly using this for private social gatherings. After hours. Yes. Alright, is there any questions from any of the board members for Mr. Herrera? I do have one, I'm just looking at, the document here that you filled out here says after a recent change in staff. Yeah, have anyone trained in a buy vendor class. So I also see those training documents down below and at the end of the statement it says we're currently not serving out car hosting events.

[14:10] No! You just said that. You're only gonna be doing private events. Can you just expand on that for me? Yes, so we have a cycling club called Rafa RCC Rafa Cycling Club. It is a membership. It's $95 a year. And occasionally we do hold monthly or. Quarterly socials in our space where we have our members gather. We have food and drinks provided. And there is a RSVP list. That we use through our private app. So when you say mostly though, are you still serving? You're in line when you're not having those. We do not serve. I have another question. Yes. Great. Are there any from any other other board members?

[15:03] All right, Mr. Herrera, is there anything else you'd like to present? That is off for me today. Great, at this time we'll go ahead and close for deliberation. Is there a motion? A discussion? Member, so one of the things I noticed is the document that you were, referencing was from. March 20 eighth of last year so I think that was the way that they were before I noticed that they have tips training in place now. So if that further clarifies. Yeah. Yeah, I guess I was just seeing in the packet was I saw that 2. I was just wondering why that was included. And then I guess that was just part of what we were going over from that last hearing. So just. I saw that and I was. Just confused about and with that I will make a motion to approve the renewal. Member, oh go ahead. In. Sorry, you were there.

[16:00] I think it seems pretty low key at this point with the refining of their application so I don't see it as a risk. So all in favor say aye, member California. Over Epsilon. Remember car, I. I. All right, license approved. Thank you. Great, thank you. Okay. And next we have. Agenda items. Continue public hearing and consideration of an application filed September the eleventh, 2,023 from Bunty and Ronnie Corp DVA Broadway one in spirits 2 5 5 0 baseline road older Colorado 8 3 0 5. Out of you for own LC partial owner, Dana, you strong living trust partial owner, Michael Van Loan partial owner. David Chunkanova, partial owner, registered manager. The business mailing address is 7 8 5 5,900.

[17:07] The business mailing address of 7, 8, 5, 5,900, and 3, Older Colorado for a renewal of our retail liquor store type liquor license. If you're here to speak on this center, go ahead and raise your hand. Okay, and then while. The licenses are being. Minute in here I'll let the word know that this application isn't good standing with sales and occupation. Tax. And then just a reminder, the reason for the continuation was because the public posting requirement was not met last time. The poster was picked up this time, so we're good on that front. Okay, and then if you're here to if you're on this on or go ahead and turn your camera on, unmute for me.

[18:03] Hello. Hi there. Okay, is you the only person who is gonna be appearing today? I believe the owner also is here. I'm just trying to see if I'm not sure if he's that excited. Just trying to get a join as well too. So, Yes. I think you. Okay, I'll start with you then. Have you all your name and spell your name for the record? Yes. My name is Project saying I go by, PR A BHJI T last name, SING H. And I go by a problem. And if you'll state your address. Address is 6 9 9 6 South Gunn, Port Aurora, Colorado, 8 0 0 1 6. Thank you. And if you'll raise your right hand. Do you swear or that the same is, you're about to give over for the. I do. And do you swear or firm that the premise has been posted for at least 10 days prior to today's hearing?

[19:04] Yes. Okay, awesome. And then if someone else is gonna be giving comments, they all have them. Turn their camera on and on mute. We'll do the same thing. I'm just going to text him, there's, the, camera. No. I think we're good. Okay, so you've unmuted and maybe the cameras are on but the screen is still black You might have joined it via phone. I'm not sure if they, so. Okay, no worries. And said he's trying to. And, Pub, you're not, you're not representing as council, are you?

[20:00] Not as council. I'm there. I'm a account slash bookkeeper. I, helped to fill out the application and send it all the paper right to, to the board and any other follow-up that need to be done. Great, thank you. Great. Okay, looks like we've lost them. So, I'll go ahead and let the board proceed and then if they come back in. Alright, so since you're not representing as council, I'm going to go ahead and read the proceedings into the record. Alright, this is a public hearing before the beverages licensing authority of the city of Boulder to determine whether or not the application of Bunty and Ranny Corp doing business as Broadway Wine and Spirits. For a 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 beverage licensing authority of the city of Boulder.

[21:10] 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 reach the conclusions required to be made by state law as to whether or not the license shall be renewed. Interested parties are the applicant residents of the neighborhood affected by the license as previously determined by the authority and the owners and managers of a business located within the neighborhood. This hearing shall be limited to questions of whether there is good cause not to renew the license as set fourth in the notice of hearing. Dated. January seventeenth, 2,024. The record is being made of these proceedings. Those who wish those who desire to be heard shall identify themselves by stating their name, spilling their last name, and stating their pertinent address. They shall also be sworn in by the board secretary. Is there any ex parte communication from any of the board members or conflict of interest, member Calafono?

[22:05] Number, no. Number car, no. Barbara Roberts, no. And is there anyone here in the attendees that wishes to speak to this agenda item if you could please raise your hand? I am not seeing any. Alright, you may proceed. Oh, thank you for the opportunity and good afternoon to all. I just would like to, make few statements. We picked up the poster, as, and put it on the property 10 days ago as it was missed last year. Before the last meeting that's why hens were here was postponed. All of the other documents have been submitted. TIP certification of all the, no violation within the last year, first year of, operation of the liquor store. And I'm just here to answer any questions that one might have.

[23:03] Great. Thank you. Are there any questions from the board members? Not seeing any. All right, is there anything else you'd like to conclude with? Just your blessing too. Great. At this time we will close for deliberation. Is there a motion to approve? Yeah, I see the training documents in there and, sounds like the poster was up for the amount that was needed this time so I don't see any reason not to approve at this point. Some member car will make a motion to approve. Remember, absolute with second.

[24:00] All in favor say aye, member Calafonoi. I. Number car I. Remember Roberts, aye. Alright, license approved. Thank you so much. Thank you. Next we have agenda item 8 which is Public hearing, in consideration of an application filed on October thirtieth, 2023 from Century Theatres in DVA Secretary 16. 4,800 baseline road older Colorado 8 0 3 0 3 cinemar QSA in stockholder Mark D. Zoraldi CEO, Michael D. Cavalier, VP and Secretary, Sean R. Gamble, EVP, NCFL, Kayla Louise, registered manager with the business mailing address of 3 9 0 0 Dallas Parkly Plano Texas 7 5.

[25:02] 0 9 3 or when you will. Lodging an entertainment type clicker license. If you're here just speak on this matter, go ahead and raise your hand. See Mr. Prophet is here. And as I'm getting. Everyone, promoted to panelists all let the board know that this application isn't good standing with sales and occupation text and I apologize but the. The renewal hearing notice didn't get in the. Didn't get what in the packet. So, it was as an agenda today and it's also on the website. I'm sorry it has an amendment today and it It's also on the website, so you'll just wanna reference that. Right. And then Mr. Prophet, if you'll just record your experience for me and then let me know who else is going to be appearing today. Certainly, Ms. Kellogg, thank you. Brian Prophet, registration number 31 1 0 one on behalf of the licensee century theaters ink doing business as century 16.

[26:00] I hope I believe also on the zoom recording is Mr. Matt Don. He is the senior director of food and beverage for cinema, which is the overall owner of this theater. Thank you. Yes, Mr. D is here. And, Mr. Donna, if you'll just stay your name and spell your name for me and then record your address. Yeah, my name is Matt Dunn, MTT, last name, my address is 1 0 9 2. On Wednesday, it's ONWE NTSI A court in Naperville, Illinois, 60563. Thank you. And if you'll raise your hand. Do you swear or firm that the statements you're about to give before the beverage licensing authority are true and correct? I do. And do you swear or from other premises been posted at least 10 days prior to today's hearing? It was, yes. Thank you. Mr. Prophet, since you're representing as council, I'd ask if you'd be willing to waive the readings of the procedures into the record.

[27:03] We were willing to waive them, yes. Great. And is there any ex parte communication or conflicts of interest from any of the board members? Remember, Calafono, no. No. Andber Car and no. No. Alright, and is there anyone here in the attendees that wishes to speak to this agenda item if you could please raise your hand? Not seeing any. All right, Mr. Proffer, you may proceed. Thank you, Mr. Calafano. And just quickly as a point of order, and I do apologize, I was trying to find the button to raise my hand as Miss Kellogg's was introducing us. On the agenda, the address for our facility is mistaken. And I don't know if it was read into the record as it appears on the agenda or if that has been changed. Our proper address is 1 7 0 0, 20 ninth street in Boulder, Colorado, 8 0 3 0 1.

[28:00] Not a big deal, but I thought I should make that a correction for the record. So thank you. Thank you. It was not read into the record. So you're good with that. But if we could get that amended, Caitlin, that'd be great. Yes, no problem. The proper address is 1 7 0 0 20 ninth street. Okay, thank you. And, so we are here today on a renewal that was received after the 45 day renewal deadline in a boulder. And our apologies to this board and staff regarding that late renewal. The renewal in this particular matter is handled by a license compliance specialist who is relatively new with cinema. He was hired in April. Of 2,023. His name is Mr. Chris Murphy and I believe he was the gentleman that worked with staff. To complete the renewal and get it uploaded to the system properly and correctly, by October thirtieth of 2,023, about 3 weeks prior to the license expiration but after the October fifth deadline. Mr. Murphy is in charge of approximately 192 alcohol, beverage locations across the country.

[29:10] And many of those locations have multiple liquor licenses as well as others. He handles about 100 renewals of permits and licenses a month. In this particular situation, he has done other Colorado renewals for Centimark facilities but had never done a bolder renewal was unaware at the time of the 45 day prior to expiration deadline when he became aware of that deadline he reached out to staff and communicated with staff and was able to get everything filed in approximately 10 days including all of the training materials. Certifications and the rest. Mr. Murphy, simply was mistaken on how Boulder is a bit different than other Colorado jurisdictions with a paper application and therefore missed. The email that had been received from Boulder identifying the 45 day deadline. Again, our apologies.

[30:16] Certainly it is a mistake on our side, one of training and or, understanding this local jurisdictions processes. I think importantly, the application was received by Boulder, well in advance of the actual expiration. Of the license. And now that Mr. Murphy is, more in tune with how Boulder handles its renewals. We're hoping this is a mistake, certainly that Mr. Murphy or other members of staff do not make again in the future. So our apologies. Mister done as i mentioned earlier he's the senior director of food and beverage for Cinemar, including overseeing this, theater. If you were to have any questions regarding our sales service and training, he is certainly knowledgeable and up to speed on those policies and procedures.

[31:03] If you have any questions regarding that. But again, we don't believe that there's any good cause not to renew this license. Our apologies. And we would ask that you would accept our renewal. Thank you. Great, thank you, Mr. Prophet. Are there any questions from the board? I have one question. Mister Prophet, what, will be done in the future to prevent, another licensing person from missing this, the state. We've updated our records. The record keeping that we have on each individual license to note the early application timeline for this one. So, as it comes up in the calendar now, it's automated that it'll pop up 60 days prior to give us notice that it's renewed, it needs to be renewed at least 45 days beforehand. Perfect, thank you.

[32:01] Great. Any other questions from the board? Not seeing any, Mr. Prophet, is there anything else you'd like to close with? And nothing further, Mr. Calafono. Thank you for your time. Great. We'll close for deliberation at this point. Is there a motion? Member California would move to approve the renewal. Remember Roberts will second that approval. All in favor say, I remember California. Remember Absalom. Number car. Aye. Homer Roberts, aye. Renewal approved it. Thank you all. Have a wonderful afternoon. Thank you. Thank you. Okay. Next, we have Agenda item 9 which is public hearing and consideration of an application filed on October 20 seventh, 2023.

[33:07] From Whole Foods Market at Rocky Mountain slash Southwest El Peak. DVA full food market. 6 9 5 South Broadway, Volcano, 803 of 5. Michael Deal Director Anthony Gallo, President and Director Keith Manbeck, treasurer, manager and president, Heather Stern, vice president and secretary, Jay Warren, secretary and manager. And Kerry, and again, is registered manager with the business mailing address of PLOX 6 8 4 7 8 6 Austin Texas 7 8 7 6 8 for a modification of premise of a fermented multi-version line retailer off from Sleaker license and if you're here to speak on the

[34:02] Okay, and I see that liquor roses in and Mr. Kevin Coates is here. Okay, and then Mr. Colts, if you'll just record your appearance and then let me know who Okay. Thank you very much. You know, you always have to give me a couple of minutes there to click the right buttons because I'm not that quick at this stuff. Okay. I apologize. Kevin calls here on behalf of Whole Foods. And we are present here today. Merchant station is 2 5 9 9 5. I'm from Dylan, Bill. I'm from Dylan, Bill. I's talk about the petition survey that was previously filed and then Jared Pincose is present. Talk about the petition survey that was previously filed and then Jared Pincose is present. He's the day-to-day manager at the Whole Foods. Thank you. Ms. Gerson, I'll start with you. If you'll just say your name, spell your name and see your address with record.

[35:02] Okay. Did I am mute? Okay, there I am. For the record, my name is Eva Garrison. Last name, GARR ETSO N. One of the owners of liquor licensing professionals doing businesses liquor, liquor pros. We are at 5 5 1 5 saddle rock place in Colorado Springs, Colorado. Happy New Year everyone. Okay. Okay. Thank you so much. And also, are you in here? Do you swear or firmly the same as you're about to give before the members licensing authority are true and correct? I did. Yes. And do you swear? Thank you. And do you swear or for that the premise has been posted at least 10 days prior to today's year? Yes, ma'am, it was. Yes. Thank you. Thank you so much. I'm Mr. Pinkos. Because I'll, kind of have you do the same thing. Say your name, spell your name, state your address for the record. Hey, Miss Jared Pinkos, JARE DPIN KOS. I'm the manager here at the Whole Foods Market, 6 9 5 South Broadway, Boulder, Colorado, 8 0 3 0 5. Thank you. And if you'll raise your right hand. Do you square or firm that the sequence you're about to give before the byors licensing authority are true and correct?

[36:08] Yes. Thank you so much. Right. And Mr. Coat, since you're, representing as council, I'd ask if you'd be willing to waive the reading of the proceedings into the record. Oh, we do. Great. And is there any ex parte communication or conflict of interest from any of the board members? Remember Calafono now? Number absolute, no. Remember Cark now. Remember Roberts, no. Great. Is there anyone here in the attendees that wishes to speak to this agenda item if you'd please raise your hand? Not seeing any. All right, Mr. Coates, you may. Based on that last question, I assume it's just us, Miss Garrettson and Mr. Pink Coast and myself. No, no one's here in opposition, based upon your request for them to raise their hands. That, my understanding of this process, it's always a little hard, you know, and I'm not seeing this process.

[37:00] It's always a little hard, you know, and I'm not seeing everybody that's in the field. Yeah. There's some attendees that are here. That are not with your group, but nobody raised their hand, so you're good to go. Thank you. I appreciate your time. I think we'll make a presentation here for a modification of our current license premise to an after premise that includes, some permanent display for wine. And we no one here will be in opposition it sounds like so we'd ask that the authority approved that the conclusion of the hearing. We'll start with Miss Garrison in terms of the petition and survey if that's appropriate with the chair. Please do. Thank you, Miss. Carrison, you're previously sworn in, is that correct? That is correct. Would you please tell us who you are and, what you do and why you're here for this particular, modification matter? Yes, sir. Once again, for the record, my name is Eva Garrettson. One of the owners of liquor licensing professionals doing businesses as liquor pros, going on my seventh year of owning the company.

[38:02] And we recently discovered that we've done surveys and in the state of Colorado in a hundred jurisdictions. And a hundred separate jurisdictions. So very proud of that. Very proud of my crew. Because they are the backbone of us. So very proud of my crew. We are located at 5 5 1 1 5 saddle rock place in Colorado Springs, Colorado and we conducted the needs and desire survey regarding the modification of fermented malt beverage and wine off premises type liquor license for Whole Foods market located at 600, and 95, South Broadway. They're in Boulder, Colorado. Okay. And in terms of this. Modification that you've been hired to do, and survey tell us a little bit about that process and what it is that you found. Yes, sir. So, like other licenses, similar types and the process and procedure there in Boulder. We were handed all the petition packets the map of the boundary area and posted the premises and sent.

[39:13] Documentation, I believe, on July fourth of 2024. Once again, reminding the surveyor what type of liquor license is being applied for and, going back, Miss Roberts, just to let you know, we did contact other licenses of similar types, including the retail liquor stores as well. I know they weren't documented on the report, but we did notify them both of the retail liquor stores did sign on our petition packets, kingsupers and sateway did not give us any feedback. It was against their policy to provide any feedback and we could not find an owner manager at the gas station. That was inside the area. So but we did give him proper notification as well. Also let them know, that the hearing information was also on the petition packets as well as posted on the premises.

[40:09] We conducted the needs and desires on Tuesday, November 20 eighth of 2023 and Wednesday November 20 ninth to 2,023 made attempted contacts with 446 business owners managers and residents inside the area and we were able to obtain a total of 128 signatures. 40 were from business owners and managers. 36 signing in favor at 90% or opposed to at 10%. We then asked those folks. or residential signatures we were able to obtain 88 of those 70% signed in favor at 80%. 18 were opposed at 20%. If we combine these totals, we actually have 83% signing in favors, just the raw numbers with a hundred 6 signatures and 17 opposed. 17% opposed with 22 signatures. Once again we do ask those folks to write in why they are in favor or support of this license. 18 declined to provide us a reason to stated there was enough or too many in the area and 2 stated that they support small businesses even just the raw number of 83 given the other types of licenses of similar type that we've done inside here.

[41:18] 83% about the norm that we've seen in here still clearly shows a positive need and desire for the modification and that the existing outlets have not yet met that need. You mentioned a report that's given to us essentially of the other outlets that are within the defined boundary as given to us by the city. That report only lists the fermented malt beverage and wine retailer licenses. Is that correct? It was attached to the, boundary map. Yes, sir. And we don't get the report related to the liquor stores or the retail liquor stores, drugstore, liquor stores that are within to find boundaries, I correct? No, sir. No, sir.

[42:00] Did you take it upon yourself, however, to go out and find out what those are within the boundary and make contact with those retail liquor stores to ask their opinion associated with. This particular petition. Yes, sir. Given the area that this was in we were familiar, we've done the Safeway location as well. Bailey sits right around the corner from there. They were notified of the last license. So we thought it just stayed in our consistency to we notify them again. And then of course we did the Boulder wine and spirits as well and they provided feedback as well. So seen as that they're also a license of off premise type and we wanted to stay consistent with what we've done there in bolder once again addressing any concerns with the board, we just take it upon ourselves to go and notify those companies. And to sum up that participation for those who held a ferment them off average. And wine retailer class license. There was no participation from any of those, types of licenses. Is that right?

[43:03] No, sir. There was not. You mentioned 2 other stores, one outside the boundary and one inside the boundary. There's a third that's inside the boundaries is that Petty John's is that correct? I believe so. And they mark that they're in opposition essentially to issuing to this license in your petition in survey. Is that right? No, actually it was, I think it was on page 3, Broadway line and spirit signed in favor and Bailey's signed in opposition. Bailey's mine. One was in favor, one was an opposition. And I thought there was a Petty Johns on there as well that's within your boundary map that also marked opposition, is that correct? And the point of all of this is that you Yeah. Okay. Oh, we did. Yes, that is correct. That is correct. They are at the top. I apologize. Yes, that is correct. They are they are at the top. I apologize. Yes, the 6 1 3 Broadway. Yes.

[44:00] Yes. And the point of this is you went to everybody It sells, it sells the beer and wine or spirits for that matter for off premise consumption within the defined boundary, correct? Yeah, we try and be as transparent as possible just because of the in the past these license types have been a concern to our local. Local and locally owned and operated. Retailer so, wanted to make sure that Everybody had a clear understanding of what was going on. Yeah, I think you said your petition shows a positive need and desire essentially for issuing to this class license within the find boundary. Does it also show that the current outlets, those all that you just described, are not meeting the need of the neighborhood based upon the results. That is correct. Very good. Is there anything else you'd like to tell the authority that I haven't asked your question about? You know, sir. Thank you. I appreciate your time very much, Miss. Garrison, as always, and I tender you to the authority for any additional questions they may have. Thank you.

[45:00] Are there any questions for Miss Gearson? I just want to put on the record and say appreciate you going through every. Liquor store, regardless of the license in the area. I think it, Legally, they don't really have a say because it's not necessarily their same type of liquor license, but I think the heads up and letting them know in the neighborhood is always. Good thing. I've always felt that it was fair on that. Into just because I think if they do have any concerns and once again, Chair, we do invite those folks in to the public hearing so that they can address the authority directly. But I just think it's transparent, transparent for all of us. But once we do it for these types of licenses. So thank you for that. Any other questions? Alright, not seeing any, Mr. Coates. Thank you. May Miss Garrison be excused? Subject obviously if somebody raises their hand later and we need or we'll call her back but I don't think that's gonna happen.

[46:05] So if we can ask that she may be excused. Yeah, that's fine. Thank you. Appreciate it. Take care. Bye, Even. Thank you. Hello. We would call, Mr. Pecos at this point. Hey, I can get it. How you doing? Yeah, if I may, Mr. Chairman. Absolutely. Thank you, Mr. Pikos. Could you please tell your full name? Jared Pinkos, PI and KOS. And what is your role here today, Mr. Picos? Well today as I have been since 2021 when we opened up the store manager here at the Whole Fleet's market, 6 95 South Broadway. You were here for original hearing if I remember correctly, when we obtain this license. Is that right? It sure was. Yeah. Very good, very good. And how's business Ben sent you, obtain the license in terms of compliance associated with the alcohol laws? It's been in compliance the entire time. Okay. Yeah, yeah.

[47:00] Not in compliant, but in compliance, I think I heard you say if that's a fair statement. Very good. You guys haven't had any issues or troubles associated with the LIP code or any type of liquor violations or any type things like that. No, we have not. On top of the renewals every year in terms of timeliness and making sure that they're file timely along with the necessary documentation associated with training. The experience of your employee. Correct. Yeah, we haven't had any issues. Yeah, why are we here today? We're looking for a permanent location for our wine, sold in the store right now. We've got temporary displays. They move every 2 weeks and it becomes a pretty inconvenient for a customer to be able to find their product week to week when they're shopping with us. So tell us a little bit about and use your floor plan if you if you might. Where are you going to put this permanent display and, what the volume of it is. Do you want me to pull up a floor plan? If you have a copy of it, you can just Berkeley talk about it. Yeah. Yeah. Okay, okay. So the plan is to move our olive bar over, just a little bit, create a, permanent aisle next to the olive bar right from our specialty counter, which is our department that handles, wine in the store.

[48:17] And have your customers essentially been asking you for this in terms of trying to have a localized space essentially to put wine product? Yeah, yeah, that's the difficulty is. You know, someone asked for a specific bottle of wine. It's a walk, all around the store to try to find where that might be as opposed to one central wine department. And in terms of, in terms of this space, how do you, how did you find this spot? Why'd you choose this spot? Essentially, it's depicted in the diagram to put the wine. It's one of the few spaces without a permanent fixture already, so there's a little bit of relo, with the olive bar, but all we have are cables in that area so we're able to move the tables and create a permanent space. Yeah, will anything change in terms of day day operations particularly as it relates to alcohol sales? Point of sales system, security, that type of thing with this movement essentially of wine to a permanent spot.

[49:12] No, it'll be easier to stock, but no other operational changes. In fact, it might make it more secure and easier to keep an eye on if in fact it's in one centralized location. True. Yeah, we'll be all in the same place. Very, very good. And you have been in compliance with the temporary display requirements in terms of making sure that those are only temporary in nature and they're out there on the floor. Very much, yes. Yes. What do we call those case stacks or something that effect? And essentially just some some wine stocked up on the on the and the end cap or on the on the in the is that right. Yep, yep, 3 or 4 cases at a time of one particular wine in an area that makes sense. Will this help free up some space? For customers to be able to move around the store more freely as well? Yeah, yeah, I will. Is this what the customers want essentially in terms of modification to be able to have more of a centralized location where the wine products will be?

[50:05] That is the feedback that I've got. Yes. And is there any change to the bear or the bear display? That you have on site. No, not planning any changes to beard. Okay. And if you could briefly tell the authority a little bit about what training requirements you have just so that they can be confident in that we'll have a lawful awful sales essentially or certain awful sales essentially of alcohol. Yeah, anyone that either receives stocks or sells beer or wine in the store goes through an in person tips training course. Before they can do any of those things before they can receive before they can stock and before they can sell the register And nothing has changed obviously since 2,001 with respect to that. Program that's been successful. Yeah, it went from online to in person at some point. I don't remember if it was 21 or 22, but we do the in person now. Yeah.

[51:01] Something like that yeah yeah probably It went in person to online back to in person that COVID. I think that's what caused all of that. Yeah, probably. Yes, it is. All done in person now though, right? And in compliance with the special rules the boulder has associated with. Reporting that on an annual basis for liquor renewals. Yep, I send that information myself every year. Very good. Is there anything else you'd like to tell the authority that I haven't asked your question about? No, I don't think so. I would ask one last thing. I mean, obviously this is all in compliance with zoning or otherwise we wouldn't be here in the first place. Yes. Hey, very good. All right. Well, I tender you to the authority and I appreciate your time for any additional questions that they may have. Thanks. There any questions from Mr. Pinkos from the board? Not. Okay I have a couple of questions. So these new displays, they're only for wine. Is that correct?

[52:03] Correct, like, they're, regular grocery shells. They would just have one. Yeah, yeah. Yeah, so. You have currently your and caps and your stacks of beer all over. Is that going to stay? And this is in addition to Or are you going to be removing your floor? Yeah, we're gonna be removing, putting them in the central location. Yeah, we'll still have a few. There's always a few required like promo items, something that's on sale that might go with an NCAP, but the goal is to reduce. That's spread throughout the store until one place. Okay, okay, cool. So we're not looking at like a big increase in volume. You're still under in compliance there. Okay. Yeah. Okay, that's all. Great, thank you. Any other questions?

[53:03] Not seeing any. Alright, Mr. Cook, is there anything else you wanted to present? I don't have anything else for the authority. It's certainly here to answer any additional questions. Just ask that the authority approved the modification. It's send it on state based upon make it a prime fish case and and no one was here to object. In fact, I think. The liquor store. It may not qualify to object, but nonetheless had the opportunity to they were present here earlier. They're the ones that were for it. So, in the petition survey that you saw from the skeleton. So, I think this is a better thing for the customer, frankly, to be able to do not have to search around the store or find out what they want. So I'm asking the authority to, or we're asking the authority to essentially approve the modification. Great, thank you. This point will close for deliberation. Is there a motion? Remember, call will make a motion to approve. Remember, absolute second.

[54:00] All in favor say aye, Member Calafon, I. And wraps them high. Remember car I. Remember Roberts, I. Permanent modification approved. Thank you, you folks all have a great day and appreciate the time today. Take care. Okay, thank you. Alright, next we have agenda item 10. Manage from assistance to the attorney and I'll hand it over to Christia. Thanks, Caitlin. I just have one item for the board today and that is to introduce CEOs new deputy city attorney Roberto Ramirez. We are working with Roberto to transition, to him taking over all licensing matters for the city, including the BLA. So we'll be working with him, he and I will be working together over the next couple of months on that transition.

[55:00] So you'll be seeing both of us and chatting with both of us. Including at your retreat, which will hopefully stay scheduled in March. And I will turn it over to Roberto to give a brief introduction. Hi everyone. I am, Robert, I spent 10 years with the city of Roberta. And every now and again I would sub in for. Their counsel at the Liquor Authority. So I know maybe 1% of anything that I need to learn, but I'm really excited to be joining you guys. Hey, well thank you and welcome. Thank you. Okay, thank you. Okay, great. Next we have agenda. Which is matters from licensing, Clerk, in your pocket, you had an amended agenda that included a boundary setting.

[56:04] And we'll do that. So the first. It's just one after setting, sorry. It's for Hill Hotel operating. I don't see a DVA Moxie folder for a new hotel restaurant type liquor license at 1 2 4 7 pleasant street corner Colorado 80302 And then I'll share my screen. Okay. I took those suggested boundaries from everyday store, 5,700 at 1 2 7 5 13 streets. And. Should be honest. So this is the location and everyday storage. Right here, there's a, there's baseline, city and Linux. And then 20 as expanded. I would move to expand the north boundary to Canyon at least, maybe even Pearl.

[57:08] And what was it on the east? On the east twentieth street extended. And this and the South was that baseline. Yes. I agree that I think we should, have the North Bounders be up to pro. And I would almost change. The east boundary, cause I mean you're getting all of campus there. I don't know if it goes far as thirtieth, but Why do people start on that? I think 30 makes sense. Given that most of that is campus. Space where people don't really live. So I would make a motion for city boundaries on the West baseline on the south, thirtieth on the east and Pearl Street extended on the north.

[58:04] That. No wraps. Who is first and who was second? Member car was the second I believe. Thank you. Alright, All in favor say aye, member California. I'm Never. Remember. I was waiting for. Great, thank you so much. Okay. Yeah, So you'll see that one in February. Okay, great. So there's no transfers for January, no worries, one is or distilleries, your special event permit list is in there in your pocket. And then we just have a couple of informational items to go over. I'm gonna go a little out of order. I'm gonna talk about board recruitment first. And board recruitment is currently open. We're gonna have 2 seats for members licensing authority.

[59:03] And the recruitment ends on January 20 ninth. That's correct. And then. The So you Clerk's office will be conducting interviews, after that. Okay. After the January 20 ninth. And then the new members will the council appointments will be on March. And then new members will start on April Sparks. That's when they're, will begin is on April first. So that's kind of the timeline for there. I sent an email that's also included in the packet to our correspondence list that we have for board recruitment and also to you all. So you have that information if you know anyone who's interested. And, and yeah. Kinda it for forward recruitment.

[60:01] I'm gonna hand it over to, Kristen. To talk about daily retreats. Good afternoon, board members. Kristen Changeras Licensing Manager. So we do have the retreat scheduled for Wednesday, March thirteenth at 4 PM. It will be held in person at the Brenton building. At 1136. And we've included a draft of the proposed retreat agenda in your packet. So we love your feedback if anyone has any proposed changes or anything else you'd like to see on the agenda. Should we consider pushing it back if we have new board member starting April first. Maybe we shouldn't have the retreat in April once we have new board members. That's a great question. So, One thing that we were planning to do for the new members, so even though they their term doesn't officially begin until April first. We were planning to reach out to all of the final applicants and let them know that we have this retreat scheduled.

[61:09] It is open to the public, so any new members would still be able to attend. Sorry, just wanted to add that but if you all wanted to discuss moving it, that's that's definitely something that we could talk about. I suppose if there the new Board members are already elected and I can come. I would just hate for someone new. To miss out on that because it really was a good. That's the intro And then just in terms of this number. So just in terms of that, you know, my term will be ending at that time. So we're still missing another spot. So we're still missing another spot once my term ends, right? So we're still missing another spot once my chair, man's right. So the 2 seats for this thing, correct? And I will not, I will be unable to attend in person in March. As I've let you attend as my terms ending no matter what but I will be so I think pushing it back makes sense.

[62:07] I totally agree with member Roberts. Maybe we can find something a little bit later once. We see the new faces and. That's just, I agree with that suggestion. If we go that route, I do have to say it just started a grad course. It's on Tuesday, Thursday evenings. So I would still like to stick with a Wednesday evening. Yeah, they were just talking about a later date, right? Just take pushing it maybe a month or like a month back. I was thinking just a month, yeah. Just since April Maybe have a retreat before the first. First meeting. Sounded like good timing. I'm available in April, so. I could be available for that and then. I'll talk later about. Potentially extending to another term. I mean, I, still have a residency in.

[63:03] Boulder, as you can see, I'm not in Boulder at the moment. So. I'm willing to explore that option. But I can talk the further down the road, but that being said, I think A, works better just with new members. So I like that suggestion. I can be there too. Do you wanna say April tenth to Wednesday? That works for someone else. I'm open that day and then that's a week before our first meeting. Or you know, would be. Before their first meeting. That makes sense. And it is a start on conference on world affairs, but I should be good for an evening session. Great, well we will discuss that, new date with city staff and follow up with you at the February meeting.

[64:02] In the meantime, is there any feedback on the agenda? Topics. Remind you what a CAO is. The city attorney's office. Happy. Thank you. Just thought we ever in flight. R. Or Nathan to join us at these. I don't think we he was there last year, but should we consider bringing him or inviting him to present to us or talk to the spell he's working on. I think the invitations always been there. But I don't think there's.

[65:03] Been any attendance. They are open to the public so anybody could really attend. One thing I'm just seeing that I'm missing that I remember is discussing is the format of petitioning. I know we had spoken about that over time. I don't know. If we wanna go over that. But I think we've had some moments of understanding. Petition in a certain way and I thought maybe that'd be something might be worthwhile, especially for new board members to understand the petitioning process. That would just be a suggestion for my own. This could fall under rules of procedure, I suppose, but. If there's the consensus, we're happy to add that as an agenda item. To discuss with the retreat.

[66:02] Can we do a little subdivision of rules and procedures? Certainly. Great. Any other suggestion? Alright, thank you everyone. Like I said, we'll discuss that your full time date internally and then. Provide another update to the board at the February meeting. Cool. Thanks, Christine. Last item on the agenda is Management Chair and members of the authority. Christian, I just had one quick question. Do I need to recuse myself from the Hill Hotel, agenda item because I live in the defined boundaries. No, usually conflicts of interest are what require a recusal and a conflict of interest would only occur if you have some sort of like direct or substantial interest in the application.

[67:08] So just living in the boundaries, doesn't usually constitute a director substantial financial interest in the application. Great, thank you. Anything else from any of the other board members? I just wanted to apologize that I missed November when I first, made a move here. My internet was so bad, but, now it's all working out. So, I'll be back in Boulder shortly, but, want to say hello from Mexico. I know it's very cold there. Where in Mexico? Coastal. And I live in Yeah, I'm on the West Coast. Very cool. Yeah. Yeah, Monday morning was negative 13 when I got up. I'm not gonna tell you what the weather is like here. I'm on set. I actually think I read an article that said it was colder here in the Denver metro area than it was in Antarctica that day.

[68:04] I saw that headline. I mean the entire United States is getting crazy temperatures right now and. It's hard when you're living in the, you know, Pacific coast of Mexico, but. I'm sending my love and. I'll get on my surfboard for you guys today. I'm kind of rubbing. Perfect. I know I personally blurred my background. I don't want to show you the, behind me, but I really appreciate you all and I do apologize without missing November but I will be fully present for February and I look forward to seeing I have some recruitment ideas for some people I think that would be great that I've been in contact with. So hopefully we get some great people. And I will be back in Boulder and I'm willing to maybe extend my term. We'll see how that goes, but. It's been a pleasure always and it's always a pleasure to see you guys. I can make it a motion to adjourn with that as well. Remember California would second it all in favor say I remember California

[69:00] Number car, hi. Number of. Remember Roberts, I. We are adjourned at 4 11 PM. Nice Okay. Oh, now we see. And you're pretty tan. Okay. Thanks guys. See you everyone. Yeah