April 17, 2024 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:04] Alright called to order the beverages licensing authority hearing for Wednesday, April seventeenth, 2,024, at 3 Pm. Thank you. Now do roll, call member Absalom. Some awesome present. Member Carr. And brick are present. Remember Calefonnel. Member California. Present. And Member Roberts. Member Roberts, present. We'll now run through the rules of decorum for public participation and beverage licensing authority moment while I share my meeting. Hmm! Come on

[1:12] all right. Thank you for joining us today. The city has engaged with the community members to co-create a vision for productive, meaningful. Did Kristen freeze for everyone. Yes. He did. Kristen, you're on mute. Sincere apologies. I don't know what happened. My computer decided to stop on its own. Let me restart that

[2:03] the city has engaged with community members to co-create a vision. I'm apologizing. there's some pop-ups going on on my computer. I'm going to have to do that. This from a different way is everyone still able to see my screen? I apologize. The city is 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 at the link on your screen to uphold these guidelines. Sorry. Hmm. And other guidelines that support this vision. These will be upheld during the meeting.

[3:01] All remarks and testimony shall be related, limited and related to city business. No participant shall make threats, or use other forms of intimidation against any person. obscenity, racial epithets, and other speech and behavior that disrupts or otherwise impedes the ability to conduct the meeting are prohibited. participants are required to sign up to speak, using the name they are commonly known by, and individuals must display their whole name before being allowed to speak online. The Q. And a function should only be used for technical questions to staff and should not be used for public comment. Okay? And I apologize for those technical matters.

[4:00] Again, the agenda with the approval of the beverage licensing authority. Minutes from the March twentieth, 2024. Meeting. Are there any edits from any of the Board members to the March meeting minutes. not seeing any. Is there a motion to approve Member California would make a motion to approve the minutes, as is. Member affiliate with second. All in favor. Say, Hi, Member California, I. Number apps one on it. Remember Carl Wolf Stain, since I wasn't present for the whole meeting. Member Roberts, Hi. Meeting, minutes is is approved. And next, we have the approval of beverage licensing authority. Minutes from the April third, 2024, meeting. Are there any edits from any of the Board members

[5:05] not seeing any? Is there a motion to approve. Member. Carr will make a motion to approve. Member has on the second. All in favor. Say, aye, remember California. Number asleep. Member car. I. Denver, Alberta. I. Thank you. All right. So I the next item is hearing agendas from the licensing clerk there are none. So we will move on to agenda. Item number 2 matters from the Boulder police department. Hi! Can you hear me? I am officially erect with the city of Boulder police Department alcohol enforcement, and I just have a couple of things. One of them to be an update so far to date. We've received over 450 fraudulent ids. However, the bad news is 239 of them were from one establishment.

[6:15] But that's okay with that, said I. Started doing some checking around, and I'm wondering if I have any interest from the board. I've noticed one of the loopholes with our fraudulent ids is that the law states that they the liquor establishments may seize those fake ids, but not that they shall. And so a lot of those fake ids are being returned back to the underage individuals, and some of our establishments aren't as good about catching those fake ids, and I feel like that's almost setting them up for failure. So I'm doing a little bit of research with some other municipalities to see how they handle those fake ids, and if it's a requirement that they are seized and then turned into the police department, and I wondered what the thoughts were from the Board, and if you had any interest

[7:07] in pursuing something tightening up those laws a little bit within our municip municipality. This is chair California. I definitely have some strong thoughts on that but to preface that, can you? Let us know which establishment has confiscated the most. The one that confiscated the most is the one that we revoked their license last meeting, and they all got submitted at the same time. That that makes sense. Got it. Yeah. And I. I did reach out to see you, and they do want to move forward with knowing which of those individuals are students. Even though we don't have the specific dates that they were seized, they are still interested in that. And as as I go out and I do more inspections and stuff I've been meeting with management, and a lot of them are unaware that.

[8:03] you know, if they do season, that they have to be turned in. So I think that's just an educational piece, too. And getting out there and getting my face out there and opening up those lines of communication is really helping. So going back to the potentially making it mandatory to revoke or sees the light, the the fake license. I do have some concerns, because I know that some establishments don't do that because of safety concerns for their employees. That makes sense. And we can also address that, you know. And I can. I can also do a little bit of research on that, too, and talk about the safety. Obviously, safety is always going to be first, and we can address that. Maybe once I get out there and I do have more open lines of communication. They will start, you know, seizing those Ids. I've just found that a lot of them are giving them back.

[9:02] I'm curious as to other board member's thoughts, Mike, I just saw your hand. Yeah, that was my hand raised. I was just wondering. Maybe share. California has some insight towards what's going on. Restorative justice program. Does that still, in effect. I believe it is. That is a separate department from mine on campus, but last period it still exists, and they still pursue situations like this with active students. Mr. Reynolds, I saw your camera turn out. I don't know if you know more about this. I I I do, and and thank you. Chris Reynolds, deputy city attorney at the city attorney's office. this, a senior sort of justice program is still in effect, and is is going going strong. So that was kind of one of yeah, 2 weeks. Sorry to interrupt you there, remember. But that was kind of. I was able to sit on a couple of those meetings with some of the students who were called Ids, and I thought that was very effective. Kind of a word of mouth way for other students to understand. The ramifications of using fake ids and kind of learning around. I I learned a lot sitting in a couple of those sort of justice meetings, learning about

[10:13] how people actually attain ids, and those type of things. The other thing that I would want to mention. Just moving forward is just around training around identifying fake ids, because I know that John Valley, at some point had a course, going on for licensees. I don't know where we stand with the Ra. I guess. you know Nathan Dewey can speak to that as well, because, like you, said officer like it's just one of those things where, if you're not trained properly right, employing an Id. the training should be called the police right? If you have any question, you know. Come and get an officer to come in. I think that's just a clear training I'd like to see coming from anyone as an operator, hey? I'm not sure if this is right, let's get someone to come and verify, and that's kind of the only thing I wanted to kind of

[11:00] cause. It's hard for anyone as an operator to look at and say, Hey, I don't train. I don't know what a fake Id supposed to look like. So that's the one thing I think we really wanna in impress on on licensee is just to get the officials involved. There's any question, and that's the one thing I would only suggest we could change because the law is like, I know the law law can be a little bit in between on that. So my suggestion from a safety perspective is getting any sort of police involvement when you have. No, if you're questioning whether or not a fake idea or not. That's my only input on it is from a history and the industry and and working in the work. I also think that some of these establishments don't necessarily have, like a manager working. They are the manager. And there's there's only one individual working, maybe 2, and so they don't necessarily feel comfortable confiscating a fake. Id for fear of their safety.

[12:01] And we can also address that as well. Like, I said I. I feel like the more I'm able to get out there and and open up those lines. They need to know that the police are there for them. If they do have a question about that, and of course, safety is always going to be first. If they feel it's not worth it, it's definitely not worth it. The other thing that my goal is also to work with. See you. And when we have our incoming class of freshmen to get back out there and kind of have a presentation about the problems with fake ids and the liabilities. And you know those issues so hopefully, we can educate and maybe nip it, you know, in the very beginning, so that we don't have as many, you know, thinking it's not that big of a deal. So that's my goal I've got. I've got a lot of them. But I just wondered what your input was on that, and I'll continue to do some research and if I do come up with anything about how they other muse handle those things. I will definitely share that information with you all.

[13:00] Yeah, I think that's a great idea, not speaking as a representative. See you. But I can definitely get you some contacts for who to contact for potential fall. Welcome orientation type of thing. I would appreciate that. Thank you. And I want to just weigh in briefly, like, I really like the idea. Officer wreck of a mandatory confiscation of ids. I think that would be effective. That's you know. I I'm used to that growing up in New Jersey, and that's kind of what we were used to growing up and going through college. So I'd be interested to explore this further. And I think it could be very effective. Obviously, wanna consider safety of the the licenses. But you know, I'm not even thinking like a lot of times. There are security and bouncers, and those hot spots and prime times, those those folks are typically able to handle situations like that. So I'd I'd be interested in exploring this further.

[14:07] Are there any other comments for office? Direct. I just wanted to say, thank you so much, Upper Rex. I'm I'm I'm so impressed by the work you've done since you've taken this role and not to say that all the officers before you did did a great job. So they did. But I'm really noticing it in our community. And I wanna say, thank you so much. It means a lot to see an officer really caring about what's going on without call service in our community. So thank you. I appreciate that. And I am really thoroughly enjoying this job. It's after 23 years. It's it's a position that I'm really enjoying. And I'm loving getting out into the community again. I echo Member Absalom's thanks for getting out there and actually really enforcing law.

[15:00] Alright! Well, thank you so much. Office, Rick. Okay, moving on is matters from the response. Excuse me, responsible association of retailers. Good afternoon, everybody good to see all, and I didn't really have a lot to report on. But now, after this topic of fake ids. I I do have a few things to say, so let's just tackle that off direct. I've not been able to find time to get with you. I think we definitely need to see each other within the next month. I think I can fill in some of some of the things you were discussing today. And so you and I will will cross that bridge when we when we finally meet Officer Denig and I used to do a fake id training which I've mentioned before which has been very effective for the members and their staff and management. I can tell you that anybody who's been tips trained

[16:03] at least by myself, or I can pretty much confidently say, John Ballier, anybody who's received that training from either one of us in the boulder community has definitely been told that they need to turn in their fake ids to you. The State has a recommendation of 72 h. We understand. That may not be exactly reasonable with all the you know within the industry, but I always tell my folks try to get it in there within a week or so. Just so that off direct now can go ahead and investigate those as soon as possible. So on that side of things I want you all to know on the bla. Anybody crossing my path is 100. Hearing that from me. As far as concerns actually confiscating them. And Officer Rex concerned of not receiving those or having having some sort of I don't know I'm I'm not gonna put words in her mouth, having some sort of penalty, or some sort of infraction for not turning those in. I think that's that's a slippery slope. It's a little dangerous, because, as as Councilman or as member, Absalom mentioned, he's spot on, and I think, you know ha! Actually had this discussion before, as he used to do what I do. There's a lot of people who get nervous confiscating that id because

[17:19] of aggression. You will find aggressive folks who will rip the id out of the hand. Who will threaten physical bodily harm So what I what I tell? The the trainees and management and new members is, when that kind of situation happens, they are to not take the id, but if they can alert the authorities of that sort of aggression, because obviously we don't want someone getting hurt just because they feel they're gonna get in trouble with the police if they don't confiscate a fake, Id and I, and I truly believe that with our cooperation and and your all's cooperation and law enforcement, we can all come up with a good plan to maybe alleviate some of that anxiety towards taking an id as well as have a better policy for what happens when someone is aggressive and is challenging us for that fake. Id

[18:13] again. I haven't heard too many cases where people get too aggressive, but I have heard cases where people get aggressive, and that's why that kind of puts my little red flag up on that. But I truly believe we can. We can find this a good solution for that together if we put our heads together. I also am a full proponent of of restorative justice. I've been on a few cases in Fort Collins with Csu. I was on one case with Cu years ago. And I also see the benefits of that, especially if it's a first time offender. So I would say, that's something we should all kind of think about as an a possibility for these students who really don't realize. Hey, it's a felony a lot of times. The ids they're using. If not, it's a serious misdemeanor and to educate them on not only effect it has on them. But the business, the community at large, everything like that. I think that is a very wise thing to do.

[19:05] So I will be reaching out to you in the next week off direct, so you and I can can formally meet. I would love to re reintroduce the fake id trainings which we're just about do for one. Now we do. We try to do twice a year. So we're just do for those now, and I think maybe right before summer would be a good time to to hit those up as well. Other than that. I'm always here as a resource. I I'm been doing this 9 going on 10 years now. So I'm more than happy to help answer questions from what experiences I've had with that as far as overall rer in boulder. Things are just going great. We got another new member chicken on the hill. So they contacted me and Jared Lou and I have been in in constant contact. Unfortunately, I've not been able to make it there, due to family illness and and myself. I had an illness but we are scheduled to meet next week, and I'm gonna give him all the materials, and I'm gonna scope his

[20:03] his establishment, and we're gonna come up with some action plans for responsibility in the future moving forward. So we're happy to have them. And we have a couple of other members on the wings, and that's all I have for today, unless anybody has any questions for me. Great. Thank you, Mr. Dewey. Are there any questions from the board for Mr. Dewey? I just had one quick one. Can you tell me when a chicken on the hill decided to become a member. I'd have to. Matt. I'd have to look back at that. But it's it's it's been in the past month, probably within the past month. Great. Thank you so much. Alright, if there's no questions. Well, thank you, Mr. Dewey, for all that you do. Right continuing on in our agenda is agenda. Item number 4, general public comments for future beverage, licensing authority hearings. If you are here in order to make public comment. Please utilize the raise hand feature. I currently do not see anyone utilizing a phone to call in. So chair. We do have one

[21:20] raised hand, I will unmute. Great. Thank you. Hmm. Thank you. My name is Lisa Spalding, and I'm here representing the University Hill Neighborhood Association. the University Hill Neighborhood Association, or Una thanks you for revoking Taco Junkie's liquor license. On April third, 2024, our University Hill neighbors were concerned when they saw the emergency closure. Notice on Tucko Jackie's door. A member of the Una Executive Committee attended the special hearing to report back to the group. Una wants to prevent the return

[22:01] of the chaotic and dangerous bar scene during the early 2,000 s. From ever happening again. especially since the city ended. The 2,013 prohibition on 2 A. M. Closings for new licenses. The neighborhood suffered from the spillover of the out of control Bar scene on that of that earlier period, but, more importantly, the residents were disturbed by the health and safety dangers that presented to very young and vulnerable students. Underage service and overservice resulted in fights, sexual assaults, alcohol poisoning permanent damage to students, health and academic success. We are fortunate to have Bla members who put health and safety above a business's financial gains with the opening of the new Moxie Hill Hotel very soon, and the Cu Hotel and Conference Center next year. The Hill business district has the opportunity to to become a thriving commercial district.

[23:00] We hope that you, officer Rec. The city attorney's office and the licensing staff will continue to be vigilant about alcohol service in the bars on the hill. Thank you again for handling Taco junkie in a way that not only protects our students, but also ensures a record, will follow the owners if they apply for a liquor license elsewhere. and that's Nancy Blackwood, Elise Longbottom, Valerie Stoves, Steven Clark. just Naraj Evan, Thomas, Mary Cuperilla Celeste, myself, and Scott Thomas as members of the committee. Thank you. Great. Thank you for that. Input, Miss Balding. Is there anyone else who would like to speak for general public comment? I'm not seeing anyone share colophonal.

[24:01] Great. I think we can move on to the next agenda item. Then. Agenda. Item number 5, Penco Corporation, doing business as chicken on the hill. 1 1 1 9, Thirteenth Street, boulder, Colorado, 8 0 3 0 2 monthly status report to the beverage. Licensing authority staff can report that they are in good standing with sales and occupation tax. At this time. Great Mr. Lou, I believe you're here. If you're able to turn your camera on. Hello! Perfect. Thank you so much. yeah. So you are paid in full. So you're good to go. Thank you so much for being timely with that payment. Thank you, sir. Okay.

[25:00] Continuing on is agenda. Item number 6, International Order of Odd Fellows Lodge, number 9, as the nonprofit applicant for an event, titled world's shortest St. Patrick's Day Parade at one half block of Sixteenth Street and Pearl Streets, Boulder, Colorado, 8 0 3 0 2 follow up on the event status. From Sunday, March seventeenth, 2024, I was given information, while them, after the meeting started, that Mr. Weekly is here on behalf of the International Order of Odd Fellows. I'm here. Mr. Weekly, are you able to turn your camera on. It's it, says the host, to stop it. We

[26:00] aren't let me There we go. Thank you. everybody. Ted Baiterman is on an airplane. So on his way to Paris, and so I had agreed to do this solo. I was was with Ted when we had our first meeting, so the event we felt went well. It was a great parade having it on pro street seem to turn out the crowds a lot more. We felt that the beer garden went well, certainly, there's things that we can learn, and we think we can do better. And we're, you know, looking forward to some additional comments that that Kristen you might have So I think you know, we saved all the documents. We saved everything that we had done. So we'll be more prepared for next year looking forward to that. And you know I started with as Kristen. You know. What would you have us do differently? And it's well started October, not a January. And so, we're certainly aware of that, that a lot more of the help it gives this organization this Board to have the information sooner.

[27:13] so that the packages were complete. Obviously we didn't have a full, complete package to you when we when we met. The the arch ups were great, the the CD. Paid for those. So we're very happy for that. And I think we? I think we successfully got back 99% of them. I don't know if somebody saved one for a souvenir or not, but we work very hard to have the rcup receptacles there. well, we use 16 ounces, because that's what they gave us, but we're already 12 ounce beer, so it like to just use 12 ounce cups next time. I think that would be better. we're not aware of anybody that was served. That was at least a period impaired. We had a lot of tips certified folks there. We had a lot of just members who are Marshalls with orange vests.

[28:04] you know, and this was just the half block space, so it was very easy to view everybody and see who was there and what they were doing, and we didn't see that we we did reject, I think, 2 folks who wanted to come in and said that they left their license in the car or in their other jeans didn't have those. I don't know if those were were test cases or real, but we, you know. turn them around. There was also one person. Well, there's a group. It tried to come in with their own cups, and I think we're probably drinking alcohol that we didn't let in So I think we did a good job with that again. It was a pretty contained area. So we were able to see really on both ends. You know I was able to get back and forth between them. So you know we didn't. We're not aware of anyone that was underage. We think that it really worked well. We think we had good

[29:01] train folks that we're doing the id checking, giving out the wristbands making sure that you had drink tickets, and and the attendees were older. Anyway. I just you know I don't know that there are really other than young children, you know, kind of college age who might kind of be in that 1718, 1920 year old. cohort as well. We we we had hoped to make a profit for education. Sponsorships and we did so. We were happy about that. We made about $1,500 on net. We think that we can do more for that cause. That was our objective. Now we own a 20 by 20 tent, so we don't. You know we only bought one, and now we know how to set it up and and so we won't have that expense and and some other things so overall, we felt that went well again. We really appreciated the help that Kristen gave us, working with the tips team, making sure they understood what was happening. Making sure we realized what we needed to do so. I really we appreciated the patience and the guidance, but overall we think the event went as well as as we could have hoped for, and again are looking forward because it was such a great event overall for the community. We got a lot of great feedback.

[30:17] We're having that the weather cooperated pretty well, although it's snowed that seemed like 2 feet 4 days before the event. But we're able to get that all cleared out so that that went well, too. So that that's that's what I've got to report. I'm happy to give any more specifics and and respond to any additional feedback that you or Kristen might have. Great. Thank you so much, Mr. Weekly. Appreciate that, and it sounds like it went well, I don't think there were many bumps. Are there any questions from any of the Board members for Mr. Weekly. I guess I would only say, if if Miss T. Would like to say anything about

[31:03] you know what went down there. I do agree with an an earlier application would help everyone with information and and full. you know, full disclosure on how everything's going. But other than that, unless Misty gets anything else. I I was very happy to hear that it went off without a hitch, and no, a good thing for our community, so thank you. I can let you know that. The event. for the inspection that I did, and for the portion of the event while I was there went very well. There were just some little minor adjustments that needed to be made, nothing that was insurmountable at all. They were very responsive, very receptive. They did have extremely great staff that was tips trained from local establishments here within the city, and I overall it went very well. Thank you. Alright. I know you've got a full agenda. So thank you very much. And we look forward to

[32:05] hopefully, not seeing the this this group again. We can pull that up, but we appreciate all of your help. Thank you too much, Mr. Weekly. Joel. Continuing on to agenda. Item number 7, show cause hearing concerning an alleged violation, and whether the retail liquor store type, liquor license held by Epg. Enterprises. Incorporated doing business as baseline liquor. 2, 7, 5, 0 baseline road boulder, Colorado, 8, 0 3, 0 5 should be suspended or revoked. If you are here for this item. Would you please identify yourself.

[33:02] We're Gonzalez. Mr. Gonzalez, can you enable your video, please. deck. I work. Sorry I'm I'm not very. I think it's just okay.

[34:07] That looks to be good. Hey? Thank you. And good afternoon, members of the Board again. Chris Reynolds with the Boulder City attorney's office. And I'm I'm just here to move to admit the stipulation when the time is appropriate. Thank you if we could. Kristen, just get him sworn in real quick. Certainly, Mr. Gonzalez, would you please raise your right hand and repeat after me? Aye, state your name. Hi Edward Gonzalez. Do solemnly swear or affirm. Tell them to swear, or. That the testimony I am about to give. Testimony I'm about to give. The beverage, licensing authority.

[35:00] Average licensing for it. Is true, incorrect. True, correct. Okay, will there be anyone else that I'll need? That will be presenting information on your behalf that I need to swear in Mr. Gonzalez. No, ma'am. Okay. Kristen. Do we need address and spelling a name, or anything. Oh, thank you. Sorry I've been doing Cloud for so long. We don't do that, Mr. Gonzalez. May I? Please have your spelling of your last name and your address. Please. That's all it's ever BOND, a OES. I'm addressing business. Request is 2 90 Tenth Avenue. Colorado, 8 0 6 0. Great. Thank you for that. And, Mr. Gonzales, I don't believe you're represented by Council. Is that correct? I'm not. Great. Since you're not represented by council, I'm gonna go ahead and read the proceedings into the record. Give me one

[36:10] alright. This is the public hearing before the beverage licensing authority of the city of Boulder to determine whether or not the license of epg enterprises doing business as baseline liquor with a retail license, shall be suspended or revoked on the basis of the violations, in the order to show cause served upon the licensee, and requiring the license's presence here today. Because this is a disciplinary proceeding, the authority shall not ask for or allow comment from members of the general public on the guilt of the licensee, the appropriate sorry, just lost my place. Appropriate discipline to be imposed the purpose of this hearing is to receive testimony presented by the city and the licensee, in order to enable the authority to make the findings, and to determine by preponderance of evidence whether or not the licensee has violated the

[37:11] various laws alleged in the course of the hearing, testimony, or other evidence establish, establishes the guilt of the licensee, a violation of some other law, rule, or regulation than those stated in the notice. The licensee shall be afforded a reasonable continuance upon any offer, that evidence and defense, explanation and mitigation is not then available to the licensee, but can be obtained within the period of a continuance not to exceed 10 days. A record is being made of these proceedings, all testimony shall be given under oath. The rules of evidence and requirement and proof of procedure shall confirm to the extent practicable to those in non civil or civil non jury cases, but when necessary to ascertain facts affecting this substantial rights of the public or of the licensee.

[38:02] the authority may receive and consider evidence not admissible under such rules. If such evidence poses probative value, commonly accepted by reasonable and prudent persons in the conduct of their affairs. The rules of privilege required by law shall be respected in this proceeding, and the chair may exclude incompetent and unduly repetitious evidence. The Chair shall rule upon questions of evidence canned procedure. subject to being overruled on motions sustained by a majority vote of those members of the authority President. should a licensee wish to request a fine in lieu of active suspension days. They should notify the authority of this after penalty is determined, if any, but before suspension posting is discussed, and the licensee should be prepared to supply an estimated per day. Suspension dollar amount for the authorities. Deliberations. those who desire to be heard shall identify themselves by stating the name, spelling their last name, and stating the pertinent address, and they shall be sworn in by the board. Secretary. Is there any conflict of interest or ex parte communication from any of the Board members. Member California. No.

[39:10] Member, Absalom, no. Bercard, now. Member Roberts, No. Great, and I believe we do have a stipulation of facts. And that that is accurate the stipulation. We do have a stipulation in this case. It's contained on page 38 of the agenda packet and we were able to enter a stipulation with the licensee to the actual violation, and at this time I would move the Board to accept the stipulation. Great. Thank you, Mr. Reynolds. Is there a motion to accept the stipulation.

[40:01] And Picard will make a motion to accept stipulation. Remember Absalom will second the motion to accept stipulation facts. Great all in favor. Say, aye, member Californ. When we're absent up. And Piccard. Aye. Member Roberts, I. All right, Mr. Gonzalez, if you would like to proceed and explain what happened here. Hi! Employee! And and was was working that night. He was alone, but pretty busy die at the time. The incident. It had a young woman that had let's well, just. She was moving, and and asked if Kevin, my employee. Esther, to to wait while it took care of this other customer in his rush Kevin is is always been a very good employee.

[41:02] He he has to see an Id. He was presented a Colorado vertical id. and it is Rush. He did 2 things wrong on his calculated person's age. Do you fail to follow a store policy? Do scan that id and electronic speech. Verification. I there's no way I can. I can thank you. Excuses, for it was an error. you know, permanent. The only thing I would say is, we're dealing with human beings, and they will make error stress to all employees. The importance of providing checking every single id recently started since this happened and informed. All of my

[42:01] is, we will no longer accept Colorado. Vertical ids. you know, been a recent change to allow it. This gets too confusing, and you know, at at a busy time for someone to try and make that calculation. It's I prefer just to wait. And then and adult Id. you know, and since we've I've owned the store now. For 4 years I submitted documentation, showing that past 2 years we've been checked 6 times by be boulder, and by the State of Colorado. past all of those compliance checks we do that, I feel, because we take it very seriously. and you and out all in the hands of a minor is is a big deal again. Get them deal with human beings and and human May. There? He's a very good employee

[43:05] I've I've been working with. We already are 2. It haven't gone through some, some retraining just to refresh it. I shouldn't say it again. so I'm just saying, you know, that happened. Too bad the best we can. We're doing everything we can to correct it to ensure it doesn't. and based on liquors, you know, since we've been there. we've we've tried to become part of the community. We have a moving. committed the resources, and we've sponsored the Bilder collegiate baseball program. Last year we we sponsored the Kg Nu bluegrass festival tier. We we recently sponsored a Ceu graduate engineering research and recruitment. So

[44:03] we do that as communities been good to us, and we want to try and get back to the community. Also recently been approached by Mark Makers, Homer's Association to sponsor their neighborhood connection event. Where'd you do that? So? And all I'm saying is is. we're doing everything. We can be a a responsible retailer. We do not take this this responsibility like it. It is important to us. Princess. I'm sorry now. Alright, thank you, Mr. Gonzalez. Are there any questions from the Board members for Mr. Gonzalez. I just have to be honest, that you were kind of breaking up for a bit of that. I don't know if any other of the Board members were experiencing that same problem.

[45:01] I did kind of catch the gist of some of the things. That were said. I guess my question is around kind of alcohol policy. And then some of the tips training I'm seeing in our packet here. You, you say that everyone's trained. and then I'm seeing some cards that aren't up to date. Is there an am I missing? An I'll call policy in here of any sort. No, there, there's an additional email notification or email response I I received from Nathan some training that occurred back in October of last year. Apparently they're having some problems getting those certificates printed in. And now I just included an acknowledgement from Nathan that they're working on that problem. And that's why those cards aren't up to date. So as an operator. yeah, I would. Just I, I think that the entire tips corporation is moved to a digital component without them actually being printed. And they're actually emailing tips cars, operators at this point. So I would suggest, you look into that in terms of how and I'm sure Mr. Dewey can help you with that other questions. I mean I

[46:11] it. It was kinda hard to hear some of the things I do see in the packet you've passed other compliance checks in the past. I don't have any other questions. My only question is, What do you have? A written alcohol service policy. That's I don't know all of our employees. I've been trained at the Id under 50. There's even a question that check. Everybody's idea bleed it's the older ones, but the other ones it gives trouble about asking for an Id. The older older folks could care less. So they're they're trained and and they know. provide every id they're trained. And they know to scan that id in the electronic circuit.

[47:01] That way, we one, we get the electronic verification that it is a valid id. and we have a record that Id was checked. Be have posted on the the door. If you're under 21, unless you're in the so. But for guardian not allowed in the store regular basis, we we nice service to people that came in, and maybe the one of them is is 21 on the other doesn't have an Id or can't show an Id or is is under an agent. What's nicer? I think we're doing as much as we can. Unfortunately, the the I think everybody in in retail is experiencing. It's difficult to get and retain death

[48:02] when there's an exception. Kevin's been to this now. So it's just a difficulty. Interface. I guess my going back to my original question. Do you have a written policy that employees need to sign, read, or anything upon hire as to how to properly manage the sale about. Call on your establishment. No other than you know. requiring them to go to attend tips training constantly talking to him, but posting notices out at every register. scanning id when you do this. So They also have access to. I'm in my daughter's upload the calls at any time. Boom! Far as they honestly they have to sign. and then I'm I'm looking at how to how to get that done.

[49:03] Yeah, I I definitely think that's necessary. And you need to have that down. Nathan Dewey, with Ra can help you with that, too. Ok. Are there any other questions? Not seeing any? Alright, Mr. Gonzalez, is there anything else you wanted to present to us? No again other than distress and fingers at home store or had a violation. Let's check. We're doing as best we can. I'm still frankly new to the business. So. and learning as we go this written alcohol policy. then I definitely need that. I will. Great. Thank you.

[50:00] I'm that's Bismarck. At this point we will close for deliberation. Is there any discussion. I'd like to have some discussion. I think there's I. I'm there's a lot of holes for me. I'm seeing a lot of lack of responsibility to the community. If we're not, even if there's not even a written policy. I I definitely I wanna hear what other people have to say, too. I yes, I wanna have a discussion. Yeah. So remember, Robert. So looking at when you look at the penalty schedule here, you're looking at aggravating factors to me. I'm seeing immediately a lack of effective operational slash training programs in place. And then I'm also seeing a failure to submit much mitigation factor. In the last 9 days before the hearing. I'm I'm not seeing that.

[51:03] And th. Those are 2 aggravating factors that are are kind of glaring to me. When it comes to this particular case. Just going off of our penalty schedule. That's what I'm seeing. And when I'm looking at mitigation, I can see some things here in terms of community involvement, but in terms of measuring those. There's more aggravation than mitigation. In my opinion. In this particular case. Member California would concur with Member Absalom's findings. There are I? I don't think it's tipping a scale to an extreme degree. I think there are some aggravating factors. Such as not. I mean, it's a big, aggravating factor that there's not a written policy. But they they have passed several checks before. So it sounds like they are making an attempt. They do have some community involvement. But again, there are those aggravating factors of not taking on the responsible sale of alcohol.

[52:03] so I I'm kind of torn. I'd be wondered if anyone else has any idea on a determination for sentencing. The other thing I I noticed that Mr. Gonzales mentioned is that they do have a requirement. Scan ids with the sounds like cash registers. But that just wasn't followed. So I I would consider that a mitigating factor also based on our schedule here. I'm also not sure when. Mr. Gaddell submitted that letter. The bla that could have been previous to 9 days. The the letter that's included in our packet where he talks about community involvement. But I also concur with the rest of the you know the authority here that I think the biggest thing that stands out to me is that there is no written up all policy and

[53:00] you know. On one hand, I really like to see that they passed the sub, the the programs. But, on the other hand, it's concerning to me that there isn't a you know. There, there just isn't something in place that's in writing. So. yeah, that's our perspective. They also are a member of Ra. which is the mitigating factor. Yeah. yeah. I mean, I do like to see the community involved. And I think that's also important. So we're looking at. Oh, go ahead. The community involvement is important. But it's also important that when you have the responsibility of serving alcohol that you're not serving to our children in our community. So I see this is a pretty big offense to a sales, a nightmare. So we're looking at

[54:03] table value of 3 days served and 6 held in a band. Does anyone have any basis to go off those. I would say, based on the discussion. Just excuse me this member based on the discussion. I I'm kind of feeling both sides of this member Roberts and member car going for mitigation and aggravation. Given the fact that this is something that we've seen this license see past? The have has passed these sort of compliance checks, I'd be willing to stick with a table value. In terms of days serve. But maybe up the days in advance. Then take that up to maybe 12 days in advance to make sure that if something does happen again. There, we can understand the gravity of what's going on here and serving the the young people in my community. So I would make a motion for 3 days, serving 12 days in advance. I I would.

[55:02] I would say I given that they've passed so many self checks in the past. I do want to recognize that, and I I would like to give them 2 days served, and I agree with holding more days in advance. I I truly it sounds to me like this is a, you know, a situation which is you know, they weren't following procedure. But I think that we they have a track record of following procedure in the past. and so I feel like there is enough there for me to feel like they. We could decrease their days, serve by one in recognition of that. How do you all feel about that? We have a motion on the table. Are there any other seconds to Member Absaloms. Member California with Second Member Absalom's motion just being that

[56:05] I feel like the aggravating factors and the mitigating factors. and it balance themselves out. And so at that point I would default to table value as well. So we have a motion, and a second, all in favor of the motion. Say, aye, member Californ. Remember Absalom. Member, Robert I. Newer car. Aye. Alright. So traditionally we have these begin on the following Monday. Kristen is your office able to get the postings out by Monday. Absolutely. Alright, Mr. Gonzalez, so we are suspending your liquor license for 3 days, beginning on Monday. That is April. Gosh! That would be Monday, April 20, s. Thank you. And then you do have 12 days held in a band. So should you get another violation within the next year you will have to serve those 12 days in addition to any additional suspension we may grant.

[57:13] To. And then you'll need to pick up those postings from Kristen Teague's office, and those, I believe instructions will be given on how to display those. Correct. Our level. Thank you so much, Mr. Gonzalez. Yeah, thank, you. Continuing on as agenda. Item number 8 show cause hearing concerning an alleged violation, and whether the retail liquor store type, liquor, license apologies, there's a typo in that Penco corporation doing businesses. Chicken on the hill does not hold hold a retail

[58:00] liquor license. They hold a hotel restaurant liquor license. So the showcase, hearing concerning an alleged violation, and whether the hotel restaurant type, liquor license held by pinco corporation doing business as chicken on the hill, 1 1, 1 9, Thirteenth Street, boulder, Colorado, 8 0 3 0 2 should be suspended or revoked. If we could just get Mr. Loose warning. Absolutely, Mr. Lou, would you please raise your right hand? Repeat after me. Aye. state your name. It won't do. Do you solemnly spare our firm. To assume just were a firm.

[59:01] That the testimony I am about to give. That the testimony I'm about to give. Before the beverage. Licensing authority. Before the beverage. Licensing authority. Is true and correct. Is true and correct. Thank you. And can you please spell your name? DUON g last name blue LU. And give your address. 1, 1, 1 9, Thirteenth Street, border, Colorado, 8 0 3, 0 2. Thank you. Thank you. Great. Thank you and Mr. Lu. Since you're not represented by Council today, I will go ahead and read the proceedings into the record. It's here! 1 s here. This is a public hearing before the beverage licensing authority of the city of Boulder, to determine whether or not the license of Panko Corporation doing business as chicken on the hill with a hotel restaurant. License shall be suspended or revoked on the basis of the violations alleged in the order to show cause, served upon the license

[60:13] and requiring the license. The license's presence here today, because this is a disciplinary proceeding, the authority shall not ask for or allow comment from members of the general public on the guilt of the licensee or the appropriate discipline to be imposed. The purpose of this hearing is to receive testimony presented by the city and by the licensee. In order to enable this authority to make findings, and to determine, by a preponderance of the evidence. Whether or not the licensee has violated the various laws, as alleged. If, in the course of the hearing, testimony, or other evidence establishes the guilt of the licensee of a violation of some other law, rule, or regulation, and those stated in the notice, the licensee shall be afforded a reasonable continuance upon any offer. That evidence and defense, explanation and mitigation is not then available to the licensee, but can be obtained within the period of a continuance not to exceed 10 days.

[61:09] A record is being made of these proceedings. All testimonies shall be given under oath. The rules of evidence and requirement of proof and procedure shall confirm to the extent practic practicable to those in civil non jury cases, but when necessary to ascertain facts affecting the substantial rights of the public or of the licensee. the authority may receive and consider evidence not admissible under such rules. If such conduct of their affairs. the rules of privilege required by law shall be respected in this proceeding, and the chair may exclude incompetent and unduly repetitious evidence. The chair shall rule upon the questions of evidence can procedure subject to being overruled on motions sustained by a majority vote of those members of the authority President. Should a licensee wish to request a fine in lieu of active suspension days. They should notify the authority of this after a penalty is determined, if any. But before suspension posting is discussed, and the licensee should be prepared to supply an estimated per day suspension dollar amount of the authority's deliberations.

[62:13] Those who desire to be heard shall identify themselves by stating their name, spelling their name and stating their pertinent address, they shall also be sworn in by the board. Secretary. Is there any conflict of interest or ex parte communication from any of the Board members. Member Kalifano. No. Remember outslom? No. Amber card, no. Member Roberts, No. Great, and I believe we do have a stipulation of fax. Mr. Reynolds. Thank you. And hello again. We. We have reached a stipulation of fax to the violation it's contained on page 59 of the packet, and at this time I would move the Board to accept the stipulation of facts. Is there a motion to accept the stipulation of facts.

[63:03] Remember, absolutely make a motion to accept the stipulation of facts. Member California would second that motion all in favor. Say, aye, Member Califano, I. Remember Absalom, I. Member car. I. Member, Robert and I. Alright stipulation effects accepted. Mr. Lou, are you ready to proceed. Yes, sir, I am. Great. Please proceed. Just wanna start up apologizing for what had happened regarding that day. I had stepped out about 30 min prior to the incident due to emergency family emergency. My one year old had a very serious allergic reaction, so I had to meet my wife at the hospital right before had left. I had asked our employee cat to please double double check ids. If I customer wanted to buy alcohol for the meantime I would be back as quickly as I could. He got promoted to bar area January 30 first, which is why he hadn't complete his training yet.

[64:05] Prior to this he's been in the kitchen, a very reliable staff member of our. He shows up on time. He's the last one to leave with me. I value that a lot, considering how hard it is to find staff nowadays. I've increased our starting wage at $18 an hour for months now, just to find a very reliable member staff member and super hard. Most of them either show up late. try to steal from us or try to drink on the job, which we do not tolerate at all. I take full responsibility for what he had did. As you all have heard. I am a member of Mr. Dewey's responsible association retailer. He'll be coming by to be training. Not only yeah, but every server we will ever have to ensure. This will never happen again. I've also put stickers on all the pos systems, reminding them to check Ids prior to processing an order.

[65:03] We're also exploring into an Id scanner for the near future. I've also been at the restaurant around 14 HA day during the weekends to ensure every single Id is checked at the front of the door and at the bar. I'm not only doing this because of the violation. The reason is, I want to ensure that we uphold all the laws and regulations within the city of boulder and the State of Colorado. We have turned down numbers. fake ids, underage ids every single weekend every single day. as you may know, we got into some trouble earlier this year we had to pay a very large sum of money. still trying to recoup that. So, if I may ask for the City Council member to please consider. Let me serve our suspension, or whatever you guys see fit. In may reason why I'm asking is so I can continue running our business

[66:02] and not lose money doing these last few busy weeks for us. Thank you for your time, and thank you for listening. Thank you. Are there any questions from any of the Board members for Mr. Lou. I have one, Mister Lou. Is there a reason that you have not submitted anything into this packet? In terms of training tips training any sort of policies when you receive this letter from the city in terms of and you agree to the stipulation of the fax? Did you read some of the notifications about presenting some E evidence to prove that you are training, and you do have policies in place. I apologize for that. I did. I was not aware, to be submitting that I what I remember was we were submitting for our renewal of liquor license, and I I did put it in there. but unfortunately I was not aware of that.

[67:07] So if you read the notification you received from the city in regards to your violation, it lists everything you needed to provide for this agenda item, and provided. I do apologize for that. I don't. Is it okay? If I may send it in right now? I I do have all of their certificates. How does the Board feel, considering that. I don't know that that would sway me heavily at this point in the hearing. I am glad to know that you have it. I would have liked to see more mitigating factors. in your packet.

[68:00] I do appreciate your words. It sounds like you took some time to think about what you were saying to us, and I do appreciate that arms. So yeah. I had a follow up question. Mr. Lou, do you have a written alcohol policy, and has this employee had their tips training at this point, or are they scheduled for it? I do not have a written policy for the employees, but I will be asap, and the employee is certified. They are certified. Okay? And so all the employees now are certified. Yes, sir. Thank you. I I had a question, but I think it may be more for the chair or mistake about these 2 agenda items kinda going back and forth in terms of the violation, and then the renewal some of the information that Mr. Lewis providing is from his renewal process. When I'm looking at the violation. I feel like I should be only looking at what was presented in the packet for the violation. That's correct. Right? Okay? I just wanted to make sure, that's clear, for I have any further questions which I do not have any other questions.

[69:18] Think is here. I don't think I have any further questions. Does anyone else? Alright, Mr. Lou, is there any Mike? Did you have something else in Pak. No. Yeah. All right, Mr. Lou. Did you have anything else you wanted to present to us? no, sir, not at this time. Great. At this time it will close for deliberation. Obvious. I'm assuming discussion.

[70:00] I I definitely see a lot of irrigate er aggravating factors. Yeah, I I'm I'm very concerned about this. and there's there's a few things that really concern me. One, which is not having any alcohol policy. Just allowing somebody else to man a register and sell alcohol while you, you know that it's not tips trained it. E, even if it's emergency. To me. That seems like, you know, hey, we're not serving any alcohol for the rest of the day until I can return to the store like hands down like there, there should not be anyone serving alcohol who's not tips trained? So that that really concerns me. you know. I understand it was emergency. And then also, just I I'm I'm seeing a little bit of a pattern here. Where there was a

[71:00] a previous issue where I believe that was failure. To comply with license condition of of paying tax, I think, was for 9 days was 9 days late. And then also, there was this letter that was submitted to the licensee right? Which says what they're supposed to do, and it doesn't seem like that was written, or you know, paid attention to also. So I I just have a lot of concerns. about this one. just going off of member cars concerns and and going back to our penalty schedule and the table evaporating factors. I'm looking at, you know, not multiple police contacts. But of course, the the previous incident, which is a pretty large police contact. Other pertinent facts are I I'm seeing a litany of these in terms of training, you know. And I I respect the fact that there are emergencies. And and I respect you, Mr. Luke, for understanding that for going to take care of family there's no question there. But for me there's just a lot of aggravation. And again 0 mitigation presented to us in the packet. So

[72:10] I I'm I'm looking at terms of table values here. I'm I'm seeing conduct of establishment and sales, who, a minor coming together in a way that when we looked at the last issue with the police that falls under conduct of establishment to me, and does fall under other pertinent facts. In this particular case. I would make a motion, and I don't know. Again I would ask, how this moves into our renewal on the next agenda. Item. So in terms of this particular case, I would make a motion to take the 5 days served on top of 8 days for contact for 13 days served in a total of 15 in a day in advance. Would be my motion to start. But that's again. I I'll have the rest of the board kinda come and look at what I'm looking at in terms of the violation. And we are here for sale to a minor

[73:01] kind of establishment is just something that's falling very much in my purview, as I'm looking at. This particular packet. Well, conduct of establishment still falls on within a year. So I agree with you on that. Another aggravating factor to me is that they joined Ra. Subsequent to the violation. So they weren't a part of it before finding out that they've got this violation. And another aggravating factor is that while we did make it a requirement for them to report to us for 6 months, I believe that was what we required. you know they they've been before us. In addition to that, several times within the last, I want to say 8 or 9 months. And it's. you know, the these are. We're doing this as community members. We're not compensated for being here. And I feel like that is a bit of kind of a waste of our time. and it's something so simple that other establishments are following. And it's a requirement of establishment. So for me, that is another aggravating factor. I would just surround it out. I would be willing to up this keep the days in advance, but up potentially the days to 14.

[74:18] I don't know how the rest of the group feels about that. So is it. 14 days served, and 15 days in advance? Do I understand that correctly. That's what I would do. Yes, that would be my motion. So chair. California is essentially amending my motion, take it to 14 days, served with 15 days in advance. That is correct. Member, Absalom would second that motion. I would. I would also, maybe Member Carr would like to weigh in but I would second that motion. I'm in favor that requires in favor. Any other discussion member, Robert. No, I think we're all on the same page here.

[75:04] Alright, so all in favor, say, I remember California. I. Number, Absalom. I. Member car. I. Member Robert's I. Alright. Now we need to discuss day served. Personally, I am not willing to entertain the idea of moving it to May. There! There's no mitigating factors submitted that would motivate me to do that. I agree with chair, kalafano. We need to stick with our rules procedure here. I don't see any extenuating factors that would ask wouldn't make us change our rules around this. Unfortunately. I agree. Tip. Alright, so, standard. We would start this on Monday. Christian. Your office can have those postings ready. That is correct. With a start. Date of Monday, April 20, s. And just for clarification, Mr. Lee, you can remain open. You can still stir food. It's just the service of alcohol that's been suspended for the 14 days.

[76:05] Thank you, sir. I was just gonna ask that. Alright. Well, thank you so much, Mister Lou, you'll need to pick up your hearing materials from er posting materials. Excuse me from Kristen's office. And have them posted by Monday. And Sir Pipe. Continuing on in the agenda is agenda, item number 9, public hearing and consideration of an application filed on February fourteenth, 2024, from Pinko Corporation, doing business as chicken on the hill. 1 1 1 9 Thirteenth Street, older, Colorado, 8 0 3 0 2 Dong Phi. Lou, owner and registered manager with the premises, business mailing address for the renewal of a hotel restaurant type, liquor license. Would you like me to re-sware him in or remind him that he is still under oath.

[77:04] I believe we can leave it, that he is still under oath. But I would defer to Roberto about that. Sir, you are still under oath. Do you have any questions about that? Okay. Alright! Great. and since you are not represented by council, I'm gonna go ahead and read the proceedings into the record. This is a public hearing before the beverages, licensing authority of the city of Boulder, to determine whether or not the applicant of Panko corporation doing business as chicken on the hill for renewal of a hotel, restaurant type, liquor license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado, and the rules of the beverage licensing authority of the city of Boulder.

[78:03] The 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 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 licenses previously determined by the authority, and the owners and managers of business located within the neighborhood. This hearing shall be limited to questions of whether or not there is good cause not to renew the license as set forth in the notice of hearing, dated April seventeenth, 2,024. 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 the pertinent address they shall also be sworn in by the Board secretary. Is there any conflict of interest or ex parte communications from any of the Board members. Member California. Number Epsilon, no.

[79:01] Remember car. Now. 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? I am not seeing any. All right, Mr. Lou, if you would like to proceed. One moment. I just do need to. Confirm the the swearing in, for a renewal is a little bit different than a show cause. So you're still under that oath, as previously noted. Mr. Lou. But can you also confirm that the posting for the required 10 days was done. Yes, ma'am. Thank you. Alright. So, Mr. Lou, you're you're here before us for renewal of your license. We set this for the record as a

[80:00] non administrative renewal. Given your previous violations with sales tax. If you could. Please give us some insight as to any procedural methods you plan to utilize to prevent this from the future, and give us good reason why we should renew your license. Yes, dear, so apologize for not being on time those times. But I've made the effort to be early than on time. I also am working with a company who interi, who who connects with Clover regarding sales tax. They're they're going to be pulling the money every single day and then on the day of payment, they will be submitting the payment themselves, making sure we're on time making sure we are in good standing at all time. I can look up the company's name if you guys would like

[81:00] don't have it on top of my head. I'm sorry about that. Great. Thank you. So anything else you'd like to present for that. I'm also, yeah, just trying to tell you guys, we're small business guy. And this has always been my dream and love to continue being in Boulder Colorado serving and just want to let you guys know I will be putting a hundred percent focus on this and would never happen again. Thank you there. Any questions from the Board members? I just had one quick question, probably for Roberto given that this agenda item came before us before we made a determination on their previous violation. Are we able to consider that violation at this point in time. Yeah, you can certainly consider any

[82:01] factors which way for or against. The reasons to to either make a motion to grant or deny the request for this license. So anything that you find that you find not only reasonable but that weighs in in favor of or against. Thank you for that. Any other questions for Mr. Lou from the Board not seeing any. Alright, Mr. Lou, is there anything you'd like to close with before we close for deliberation. Yeah. So that company name is Daveel. so it uses sales data from clover to automatically set aside sales tax fund for each day.

[83:01] when it comes time to remit the funds to the State, they will automatically files and pays the sales tax in full, and on time. Great. Thank you. Practicing. Alright! This time we will close for deliberation. Discussion. I just as a member, absolutely speaking. I'm just looking here at the Ble rules of procedure. I'm looking at subsection 8, 1 9 grounds for non renewal. Under the section C. It says evidence that the license premises have not been operated in a manner that adversely affects the public health, welfare, or safety of the immediate neighborhood in which the establishment is located, including continuing pattern of fights, violent activity, or disorderly conduct. I'm not seeing a pattern of those things. But just after reading through these rules, and given the the conduct, the establishment here, I I would like to hear what the other authority members have to say about this. But,

[84:04] this is I. This is a difficult one for me. I understand being a small business. I understand the difficulties with understanding a lot of the administrative components of running a small business. I understand that thoroughly. but this is a little bit of a tough one for me. Given the community on this establishment. Yeah, I had similar concerns and considerations. I I you know, I I think if if we're going to renew this license, there have to be some pretty strict stipulations. Some things we're gonna want to see from the licensee. Going forward and I I'm I'm wondering if we can even conditionally approve this. you know, with with a even for a shorter period of time, or something of that nature. Because I wanna ensure that after the license is served their suspension and has provised with the materials that are required, like they're still in compliance.

[85:05] where would the rest. The rest of the board feel about that. I'm kind of in agreance with you, member car, and that we would definitely have to put some conditions on. And we can put many conditions, on one of which I would be pretty strict with, and say, should they receive a violation? And Roberto, correct me if I'm wrong, but if I if I'm unable to put this condition on but I would say anywhere from if they receive a violation within the next 3 to 6 months. I'm open to the boards decision on that. And that violation doesn't have to be service to a minor that can be within the condition set forth. On the licensee, so should they not pay their sales tax on time. That would be considered, and if I if I'm able to, I would say, revocation of the license, should that happen within the next 3 to 6 months.

[86:01] So those issues are covered. In your roles of procedures. Section 6, dash 4. And if the applicant the licensing now and applicant agrees. Because he does want the the renewal. The authority may impose conditions of approval. Of this License, or the renewal. And basically whatever it is that the authority and the licensee agree on provided that the authority independently concurs with the conditions. So, for example, if there's some conditions, it it really does have to be agreed upon by both. So if the license, see if you put out as you're discussing with the licensee and the licensee isn't on board with one.

[87:00] That means that that, that one will not be in effect. knowing that it would be a condition, and knowing that you will vote on whether or not it's gonna be granted. Now, the authority may separate from the agreed upon conditions direct at any time that any licensee renewal be changed to non approval, which that really isn't the question here. But you can at least discuss with him some of the things that you're considering, if, in fact, you want to vote in favor of allowing him. So if you want to deliberate on what each one of you, or collectively what you would like to see if you're gonna vote for renewal, and then talk to Mr. Lou to see if he is in agreement with that. How does the rest of the board feel about these conditions? And I'm open to suggestions or alterations thereof of my suggestion.

[88:02] Chair calf. I I think that it's a really strong condition to say that there are any violations that we would revoke their license. And I would I would say, within the next 6 months. given the history of this this licensing. So do the conditions then change. After that, 6 months like that condition is dropped. Is that how that. If we set forth that condition. Yes, and we we put the time period of it 6 months on it. Would the condition also include a monthly reporting to the authority. I would like to see that. So yeah, I would. I would make a motion. Alright. I would make a second to the motion that any violation of the Colorado State liquor code, or the bla rules of procedure by chicken on the hill within the next 6 months would be a revocation of their license, and that we would also like to see Mr. Lou and chicken on the Hill Monthly, with reports on tips, training, alcohol policies, and sales tax.

[89:12] I think that that sorry, Mike, but I think that that might have to be a first, because you added some conditions. Too much. Okay, yeah. So I love it. Could. Could we add something to that? Just to continue the discussion for another moment? I'd also like to. I would like to see that alcohol training policy by our next meeting. I think that is critical. A as well as tip training materials. So we need a brand new motion. With all these conditions. Got it? I can do that. This is Number Absalom. I will make, or maybe Miss Ramirez, did you wanna chime in before I make it. Yes, because Mr. Lou needs to be asked whether or not he agrees with these conditions. because that's what's going to be on the table, the ones that he'll agree to.

[90:02] Mr. Luke, can you let us know if you will be able to comply with these conditions? Yes, sir, I am. Okay? And then, I think, for the sake of clarity, right? The it is having an alcohol policy within the next 30 days. It is having all tips training materials provide to us, you know, by the next meeting the next 30 days. And then it is being able to show up to all of our meetings for the next 6 months, and for us, with a monthly report and the understanding that if any of these are missed, or as well as anything else within the your license requirements are missed within the next 6 months. That will trigger an automatic revocation of your alcohol license. Yes, sir. Alright! So did we get a second. I I think we didn't have made a motion yet. I think we were waiting for Mr. Liu to agree to this first, which he has never have some. Do you want to make that motion or.

[91:05] I think you said it so well. Once you go ahead, you had everything lined up there. Okay, so member car will make a motion to conditionally improve. This license, based on the the conditions that we have agreed to with Mr. Lou, which were previously stated and should be in the record. do I have a second on that. Member absolutely. Second, the motion. Before we vote. I wanna make sure I captured everything. If you would indulge me, please. that an alcohol policy and tips training be provided within one month. Do you want one month from today, or do you want it? The next beverage licensing authority, hearing. Fair enough, I would say. The next beverage licensing authority meeting. Okay. In person or appearance, reporting for the next 6 months. and any of missed

[92:01] of of these conditions, or any violations for the requirements to hold a liquor license will trigger an automatic revocation. Is that correct? Yes. Thank you. Roberto, did you have something to add. Yes, 2 things number one. just like any other revocation, there would still have to be notice and an opportunity to be heard. So if there is an alleged violation, it would be still alleged until he was provided. Notice and an opportunity to be heard. That's number one, number 2. You are voting, not as a provisional license. You're voting on the license with conditions. Okay, thank you. Alright! Great! All in favor, say I, Member California, I.

[93:02] Remember Absalom, I. Member car, high. Member Roberts, I. All right. Licensee approved with said conditions. Thanks guys. Moving on in our agenda to agenda. Item number 10, public hearing and consideration of an application filed on February 20, eighth, 2024, from Og. Walnut ferries, Llc. Doing business as Walnut Cafe, 30, 73 Walnut Street, boulder, Colorado, 8 0 3 0 1 walnut ferries, Llc. 100% owner of Og. Walnut ferries, Llc. With Ashley Ashley, persic registered manor and 50% owner of walnut ferries, Llc and Ariel cook manager and 50% owner of walnut ferries, Llc. With a premises business mailing address for a new hotel restaurant type, liquor, license.

[94:10] Alright! This is Brian Allard and I represent the Walnut Cafe. Item number 10 and 11. I'm having difficulty getting my video come to come up. It says it stopped. So hold on. You cannot start. See one item. Let me see what we can do here. Oh, there we go. case, can you see us? Alright? Perfect. All right. Thank you all. So we also have on the video erin call of edits petitioning. That did the petitioning again for item number 10 and 11, but we'll go through each one individually, unless the Board wants to do something different.

[95:00] Would you like to hear an opening statement, or, should we go ahead and jump into testimony. Let's go ahead and oh, go ahead, Kristen, we'll get you. I was. Yeah. I was just gonna jump in, so I'll need and I'll do each of you individually. Ashley, let's go ahead and get you started. Ashley, would you please raise your right hand and repeat after me? I state your name. I, Ashley? Parza. Do solemnly swear or affirm. Do solemnly swear or affirm. Testimony. You're about to give the beverage licensing authority. That the testimony I'm about to give the beveraging, licensing authority. Is true and correct. Is true, incorrect. Thank you. And were you responsible for posting of the premises. Yes. Do you also swear or affirm that the post the premises was posted for the legal 10 day posting requirement? I swear. Thank you. You.

[96:00] Ariel. would you please raise your hand and repeat after me? I state your name. Hi Ariel cook. Do you solemnly swear a firm. Do you solemnly swear or affirm. But the testimony I am about to give the beverage licensing authority. That the testimony that I'm about to give to the beverage? What was it? Licensing authority. That's true, incorrect. It's true and correct. Thank you. We gotta just change our name to the liquor board. did. Did we get the addresses? Did I miss that? I'm so sorry. I, and I apologize. Miss Parza, may I get you to spell your last name and give us your address? Yes, my last name is PARZ. YCH. And are you asking for my home address. or the address of the of the. Can give, either. My home address is 1920, Donovan drive in Longmont, and 8 0 5 0 one and the address of the business is 3 0 7, 3, Walnut Street in Boulder 8 0 3 0 1.

[97:13] Perfect. Miss Cook, would you do us the same state? Your last name? Spell it. Of course. Case. Cook, COKE. And 1012, Marmit Court. Longmont, Colorado. 8, 0 5, 0 4, and the business address is 6, 7, 3. South Broadway, Boulder, Colorado, 8, 0, 3, 0 5. Okay. Now on to Erin, Erin, would you please raise your right hand and repeat after me? I state your name. I Erin, Mccullough. Just only swear a firm. Do you solemnly swear, or firm. But the testimony you're about to give the beverage licensing authority. That the testimony I'm about to give to the beverage licensing authority. Is true, incorrect. Is true and correct. And get you to spell your last name and give us your address. Please.

[98:01] My last name is Mcculla Mcc. ULLO. UGH. And I live at 1, 7, 3, 3, 4, East Twinberry Street and Parker, Colorado, 8, 0, 1, 3, 4. Perfect. Thank you. Thank you. Kristen since they are both this the same type of license. Just different locations. Are we able to merge these 2 agenda items into one, and then get a different explanation for each location. Since they're different layouts. I'm not aware of any rules that were preclude us, for that. I would have to read the other item into record, but I do defer to Mr. Ramirez. Can can you ask that question again. Yeah. So we would hear both agenda items individually approve each one. We would just do as testimony for each individual location and approve that separately.

[99:05] Yes. yeah. So you can take in all the information and just do it vote on it separately. Great. So It's Mr. Allard I I believe. I we're gonna hear. We'll hear them individually, but we won't. We'll have the the next agenda item ready to the record as well. But if you could keep any testimony, personal background just to once, because it's the same ownership for each location. We would just hear differences in what you plan to do it, each especially with regards to layout and design and whatnot. If you're okay with proceeding with that. Yes, yes, that's fine. I think that'll be an efficient way of the for the vla. And and frankly, since both my clients are here. So yes, we can certainly do that. So would we like to start with the Og. Then. Real quick, since you're representing as council. Are you? Fine with going? The reading of the proceedings into the record.

[100:03] Fine with waving that I'm sorry. Yeah, that's fine. Okay. Great. And is there any ex parte communication or conflict of interest from any of the board members for either agenda? Item, Member California, no for both. Remember Absalom for both. And regarding over both. Member Robert, no, for both. Okay. And for the record I will need to read in that second application piece, if you please. Yes, let's go ahead and do that. Sorry for jumping the gun. There. Nope, we're jumping all over the place today. I'll cut. So for the agenda, item number 11 being heard simultaneously, public hearing and consideration of an application filed on February 20, eighth, 2024 from ss. Walnut ferries, Llc. Doing business as South Side walnut Cafe, 6, 7, 3, South Broadway, Boulder, Colorado, 8, 0 3 0 5 walnut ferries, Llc. 100% owner of Ss walnut ferries, Llc. With Ashley Parsit manager and 50% owner of walnut ferries, Llc and Ariel cook registered manager and 50 percenter owner of walnut ferries, Llc. With a premises business mailing address for a new hotel restaurant type, liquor, license.

[101:20] Thank you, Kristen, and if there's anyone here in the participants that wishes to speak to either agenda item, if you could raise your hand. not seeing any. Alright, Mr. Allard. You may proceed for the first location for the first agenda item. Okay, and I just wanna briefly, just touch on for both locations. This is a hotel and liquor license. We've got Ariel cook and ash they're gonna be the owners talking about these. They serve primarily breakfast and brunch into the lunch hours. And my understanding. Is that what you'll hear from testimony of them today? Not planning on doing anything too crazy, like bottomless mammosa is more of just simple simple drinks and things along those lines. So I'll go ahead and start with testimony of ash.

[102:13] We've already got your name, and first and last name spelled in the record. So what is your current occupation? Current occupation is half owner of the Walnut Cafe and half owner of the South Side Walnut Cafe. Okay? And can you tell the authority a little bit about your education background? Yeah. So I have a bachelor's degree in sociology with a specification toward criminal justice. Okay, from the University of Massachusetts in Amherst. and can you tell you the authority a little bit about your employment background. Yeah. So prior to moving to Colorado, and starting employment at Walnut Cafe as a barista and up to Server and up to manager and up to owner. I was. I have a law enforcement background. I was a correctional officer for 4 and a half years in Massachusetts. And then, prior to that, I was doing elderly care. And prior to that, I was doing

[103:13] I worked at a behavioral facility for children in Atlanta. Okay? Can you please tell the we've already gone over? But let's go ahead and establish for the authority what what is the address of this particular location that you're applying for the address is 3 0 7 3, Walnut Street in Boulder, Colorado, 8, 0 3, 0 one. Okay. And can you tell us the the authority? A little bit about the business? How long it's been established? What kind of food you provide and and just a caveat. this is an open business. Correct? Yes, it is an open business, and has been for 41 years, as of this year. We serve breakfast and lunch. It's I think many describe it as a staple in boulder. Many, you know.

[104:07] people would probably describe it as a really sweet place that they've had a lot of made a lot of memories at. And yeah, we're serving breakfast and lunch. And we're we know we're just trying to follow along. And you know, hear the requests of all of our customers that have been coming to see us for 41 years. So along those lines, one of the needs and desires, do you? Do you? Can you please tell the authority about? If your patrons have said anything specifically about this liquor license. Yeah. So since posting and a lot of people are have been really excited. and some of the regular customers that we are closer to. We've already disclosed that we're in this process with, and I get weekly, if not daily, check-ins with them. And their excitement about it.

[105:01] yeah. And all around it's been really positive feedback people are really excited to see where this goes. Have you had personally any opposition? No. For if if the authority does grant your license, what kind of balance of food to alcohol sales do you expect? It's pretty minimal for the alcohol sales. We're gonna be more like 80% food sales. 20% alcohol sales. That's our that's our guest right now. I can't imagine it being much different than that. What are the hours, and days of week that this location is open? We operate Monday through Friday, from 7 Am. To 2 Pm. And Saturday and Sunday from 7 am. To 3 Pm. And how many employees do you have part? Time and full time. Part time we have.

[106:00] It varies a little bit, you know, with the busy season coming up so in the winter months it could be 27, 26, or 27 part time employees, and 2 or 3 full time employees, and in the summertime it the part time employees go up. But the full time employees stay the same, and usually only goes up by 2 or 3 employees. And does the Og location have a onsite manager. Yes. And who is that? That's me. I am the onsite manager. Okay? And what? How many days are you there? I'm there 4 to 5 days on a regular week, and you know more than that when business needs. And and is there another onsite manager you'll you'll delegate that authority to when it's not there. What is your experience with alcohol sales? Or have you done any training? I have no experience in alcohol sales. I, I, Arielle and I are looking into all the training that we need to do, and we take it pretty seriously. And we're gonna do all the training that we can but as far as personal experience, I don't have any yet. But have you started any training?

[107:10] We've we've started looking at the classes and we're getting we're signing up for them, I think, next week for the manager on site manager training, and we're getting all of our servers, we will be getting all the servers tip certified. Have you ever had a license? Liquor, license suspended or revoked? How are you planning to monitor your sales. Of service about call at the restaurant as far as ids go. How are you going to track receipts? Oh, track receipts, yeah. So we use toast pos. and the they track our entire history. So anytime we need to look anything up. It could be individual receipts. It could be daily sales and in individual categories, food beverage whatever all that is online and accessible. And that's where we plan on keeping our receipts.

[108:08] And you you went through the zoning process through the Vla. Correct? Yes. Where are you? Gonna serve your alcohol, or where? Excuse me, where are you? Gonna store your alcohol in frozen or or in a in a cold storage. And or if it needs to be just in a dry storage. Yes, so we have lockers that we plan to keep all alcohol locked and stored in, and then we'll also be purchasing a refrigerator that is locked for cold storage. and who will have access to that? Us and the on-site manager? What about employees serving alcohol? The manager on duty for the day. Will other employees will not. So if a employee violates the liquor code what would happen to that employee? Termination?

[109:02] And can you please tell the authority what you need to be checking for? For proper identification for an individual. Yeah. So government issued. Ids drivers licenses state issued id cards permanent resident cards passports. Things of that nature that are government issued. And what are you going to be specifically looking for on those governmental issued Ids date of birth, making sure that they're 21 plus some indicators like in Colorado, the vertical or versus horizontal. Identifications. And yeah. and the bla heard. We we heard on the BA. The bla earlier about is is the the directionality the only indicator of of is that the only indicator of of a license that's valid or not?

[110:03] Can you say that? Are you only are you only looking at whether or not the license is vertical versus horizontal, or what else are you looking for? No, in addition to that, the the date of birth on there as well. Invalidity of the identity. Yeah. Okay. Who are the we've already gone over this. But who are the owners of Og. Walnut ferries myself and Ariel Cook. and have you, if I can financially contribute to the business I have okay. anybody else financially contribute. Alright, do you believe you're a good, morbid character, I do believe. When? Why is that? Yeah, I have, you know, a history of wanting to help people wanting to help the community. Ariel and I are currently donating every year to out Boulder County, and other foundations, such as a Kd foundation, which gets kids on bicycles in the community.

[111:07] and you know, I also believe that my law enforcement background shows my good moral character, especially when it comes to you know, liquor license, some something as serious as a liquor license. And do you believe you're right financially responsible? And if so, why, yes, I'm also financially responsible. I bought my first house at 25 years old. I own a house here in Colorado. We bought 2 businesses together. And yeah, I think that that goes to show my financial responsibility. That's all the questions I have for Ash, and I can go on to Erin, unless the the Board would like me to pause for any questions specific for ash. Now. Let's go ahead and get both testimonies, and then we'll have questions. Okay. So,

[112:02] Aaron, you were employed to do a needs and desires petition correct for this Og location. You're muted. Yes, I am sorry. That is correct. And can you just tell the the bla what what firm you're with. Yeah. So I'm the owner of Oedipus petitioning and yes, we were hired to go out and perform the petition survey of the designated area to determine the needs and desires for the application of og perries, Og. Walnut ferries, Llc. Doing business as Walnut Cafe. Can you generally explain to the board what your how you conducted that survey. Yeah. So I go out and try to get a large sample of the designated area. So for this location I went to many different shopping centers. If you look at the map, it's very there's a high density of businesses and

[113:05] restaurants in in the Mall right there. So I went to a lot of different businesses and to a few residential areas. As there weren't that many? Okay. So how did you determine? How did you get the biggest? How did you ensure that you got the biggest sample size. So to ensure that I got the biggest sample sizes just trying to go around the entire map that I have marking areas off as I'm going and getting areas and all of the different parts on the map. To try to get the best sample and going back to businesses multiple times if I wasn't able to get in touch with a manager owner. Trying 2 or 3 different times to try to get in touch with them, and same with the residential area going back to houses. Multiple times to try to get in contact with residents living there. We'll go into more detail. In the next application. But this one had a can. You can you go into the mix of business versus residents, and why there is a higher, higher density of businesses in this particular petition packet for Og.

[114:15] Yeah, I would just say that this area is a little bit different than most designated areas that I'm given just as it does have a much higher concentration of businesses and a very low concentration concentration of residential dwellings specifically accessible residences. Some of the apartment complex are locked or the can't get in contact with any of the people who live there, because the doors to the apartments are inside of the building. But as far as this area it, it is just a very high density of businesses. And in your petitioning packet there was a number of other liquor licenses that were also hotel restaurant. Did you get it any

[115:06] of their approval of the license. Yeah. So this city of Boulder gives me the list this one had. I believe it was 25 hotel restaurant liquor, license holders. I went to all of them even though I went back to them a couple of times. There were some of them that were close when I went and then other ones where I was never able to get in touch with a manager or an owner. Sometimes management doesn't want to sign, because the owner is not there, but as far as the ones that I did get in contact with. I received 14 signatures in favor from other businesses in the area that have hotel, restaurant, flicker licenses. Do you have any opposition? On this particular location? I did not. Yep.

[116:00] And did you visit any properties with no soliciting or private property listed on it? There is one area that had some signs up for no soliciting for an apartment complex other than that. All of the houses. We're pretty much okay to go to as far as that. Did you review the the Hotel Linker licenses that were provided by the by the city, or by the boulder liquor or the beverage licensing authority. Yes, the list that they sent me. Yes, I I reviewed that. How many brunch or how many liquor licenses did you view? We're gonna be serving out call within kind of the general time periods of of this location. So out of the 25 hotel and restaurant licenses that were on the sheet. It's they were generally 10 of them that were serving breakfast.

[117:02] and 6 of those that were not hotels. And can you just get the did you get any specific responses you like to share to with to the beverage and the license authority of of approval, or or anything along those lines. Just as as far as my results. As far as did you hear anybody specific? Make any comments specific of of, you know that this, you know, they're in favor or reasons why they were in favor. Well, there are a lot of people who are excited for this location, both locations, but this location to get alcohol because it has been around for so long. It's it is something that what I found was that a lot of people in the area are very excited about this restaurant. In general. They like it a lot, and having some alcohol on the menu is something that a lot of people did give me positive feedback about.

[118:02] Okay. And you said you got a hundred percent of the needs and desires in favor is that typical of other decisions you've done before. Yeah, from my experience these results can be typical for a hotel restaurant, liquor license. Most people that I find they they are okay with a a restaurant getting a hotel restaurant, liquor license, especially one that has been around for a long time. And if someone says that they don't want to sign one of my petitions. I do make a big point to ask them if they would like to sign in opposition. Sometimes people don't realize that that's part of what they can do. So I do make a big point to ask them that. And for this job no one opposed strongly enough to want to sign in opposition. Thank you. That's all the questions I have for this particular location. I can move on to the testimony for the other locations if the and then do closing remarks for both locations, if the authority is okay with that.

[119:10] I think we'd wanna ask questions real quick regarding this location. I don't personally have any. This is a good lesson for the Board to know that when we're actually setting the boundaries to look at residential population, density versus business population density, which is something that I know. I personally. That one went over my head, and it didn't consider. But are there any other questions for Aaron outside of the board? Alright, not seeing it. Yeah, if you want to move on to the next location. Felicity. Okay? So this location applying for the same hotel and liquor hotel, hotel and restaurant liquor license. Can you please state your name for the record, and and the location of the business that we are applying for South Broadway, Boulder, Colorado, 80305. Alright!

[120:20] What is your position at that location? I am an owner, manager. And if you could, please could you tell the authority a little bit about your education background? I went to Naropa University in Boulder and I studied early childhood, education and visual arts. and do you have a degree? I did not get my degree. I ended up working in a restaurant, and the money was so good. It was hard for me to leave so, and it was actually at the Walnut. So. and he tells the the authority a little bit about your employment background. I started. Actually, my first job was at a restaurant in Pennsylvania. And I worked there for quite a few years. As well as working with people with disabilities. Like, mostly autistic humans. And I did that for years. And then

[121:16] went to school and was working at the Walnut Cafe. So yeah, for about 16. I guess it's 17 years now, 2 years in ownership. So since you've done, you've been in the restaurant industry. Have you served alcohol before? So you have experience with checking ids and things along those lines? Perfect? Can you tell the board? I know we've already talked a little bit about the Og location. But can you talk a little bit more particularly about the South Side walnut location? What kind of foods and drinks it. It provides how long it's been business in business, so on, so on and so forth. Yeah, we. The south side has been in business for 19 years. We either do breakfast and lunch. We've got a coffee bar. And yeah, we serve a lot of families in that area? Who all live around there and walk there. And

[122:09] yeah, it's a pretty pretty awesome spot. Okay, can you tell the the board what you think the estimated food versus alcohol will be at that location. We think about 80 20 again. Mostly food. That's our our main main deal. Yeah. and I think I didn't get to ask this question. But what kind of generally drinks do you guys plan on doing at these locations. Moses are going to be our main deal, and then maybe Bloody Mary's. But we don't really plan on having a large list of drinks. And what are the hours of the South Side location? Monday, through Friday 7 to 2, and Saturday and Sunday 7 to 3 and how many employees and part time and full time does the South Side location have. We usually have 2 full time and about 27 to 30 part time.

[123:10] And is there an on site manager at the cell site location? And who is that? That's myself? Okay? And what? When? When are you on site. I am there about 5 days a week, 4 to 5 days a week. Okay? And is there another on site manager there that you? We have another manager. Yeah, or ashes there? So we've already covered. You have experience in serving alcohol. was it in Colorado? No, it was in Pennsylvania. Okay, have you done any other training? I have not. But we are signed up for the the training, the state training. And for I'm also gonna take the tips class. Just so. An extra book that. And you plan on having your employees take tip training as well. Yes, everyone.

[124:00] Have you ever had a liquor license suspended or revoked? Right? And so in this location. How? How are you gonna keep receipts of alcohol sales in this particular location. Again, we have that same toast that we use, and it'll all be online that we can access. And where are you gonna store again, did you? Did you go through the zoning requirements with this location? The bla? Yes, we did did it. And did you have indication of where you're gonna be storing. They all call in that zoning. Yes, we're gonna have it stored in the back office or in a locked cooler that we have in the back. And who's gonna have access to that? Myself, ash and the any leaders or managers who are trained and what are gonna be the consequences of a if an employee violates the liquor code, they'll be terminated.

[125:00] Can you please tell the authority? What the proper forms of identification are. Yes, you can have a government issued State id identification card or driver's license, a passport, military id or a counselor's id. And what are you looking for on it on those ids? You're looking at their birth date to make sure that they are over 21, does Colorado have anything in particular to indicate that it that somebody may be under 21? The Id is turned the other direction. Okay. And is that the only indication you should be looking at? No, also the their date of birth. and who are the owners of the South side Walnut Cafe myself and Ash. Okay? And have you financially contributed to that? Who else is financially contributed?

[126:03] Can you please tell the authority if you are in good moral character, and if so, why? Yes, I think I am. I have been in the community and doing community work. And service. For most of my life. I've worked with people with disabilities for a long time, and you know, donate a lot and give back to the community. And I'm also raising a teenager so can you tell the authority if you believe that you're financially responsible? And if so, why, yes, I think I'm financially responsible. I own my own home. I'm raising a teenager. I we've bought 2 businesses together. And before that I was helping do the finances for the for 10 years for the restaurants. Alright, that's all the questions I have for Ariel, and I can jump into Erin if the board is okay with that.

[127:02] Yes, please proceed. Thanks. All right, Erin. So. And this you were also retained to do a needs and desire position for the South Side location. Correct. That is correct. Okay, and how did you do? How did you so do this survey. So this one I was given the map. I made sure to go to different neighborhoods within the designated area. There were a few small little shopping areas. The main one being where it's outside Walnut Cafe is located. So getting all of those businesses. And then there were only. I think, 2 s. Small areas with businesses. So this one did have a large demographic of residential areas. So I was able to go to different neighborhoods within the designated area to try and get signatures from the different demographics in that area, just going door to door to door and telling people what it's about, and getting signatures.

[128:06] Did you have any specific responses that you'd like to share on this location as well from individuals? So this one. I had a lot of signatures in favor, and I did have one signature in opposition. The gentleman just wrote down, not necessary. so he doesn't believe that it's needed in this area. But he didn't have any specific comments. He wasn't upset. He was a very nice guy he just signed in opposition, which happens sometimes. So other than that, though. No, there's a lot of support. And how did you make sure you got the largest sound temple size for this location? Just keeping track on my map and marking off the streets that I had worked, and then going to a different part of the map to see what I could get, you know, in different areas. So just making sure that I'm trying to go to different parts of the map and areas to get the get my signatures.

[129:07] And did you get well, first of all, are there any other hotel and liquor licenses held in this general location, that the that they provided. Yeah. So there were like, I said, there weren't a lot of businesses in this area. So there were only 3 in this area with hotel restaurant liquor licenses. I made contact with 2 of them, and they did sign in favor, and the one that I wasn't able to get in contact with was Southern sun, pub, and brewery, which I went back to 2 or 3 different times, and I talked to the manager twice, but he did not want to sign. He wanted the owner to sign, but the owner was not available. He wasn't in the he wasn't there either time that I went. Do you know by chance those other hotel liquor licenses, were they?

[130:00] will they be serving? Do they serve lunch and breakfast as well. So they open at 11 am. Or later, and they close at 9 Pm. Or later. So it's not a huge conflict with the with those hours. And so this particular location, what was the percentage of in favor. So based on the needs and desires petition that I did. I got 99.2 6% of those that participated were in favor of issuance, and point 7 4 were against issuance with that one that I had against. Okay? And kind of a similar question, the other liquor license. But is this typical of the type of positioning that you do to getting these kind of responses. Yeah, for for the results that I typically get. This was a pretty normal petition, like I like, I said with the last one. This, since this restaurant has been around for a really long time. So many people that were signing the petition knew of this restaurant. A lot of those people knew that they were applying for the liquor license, and they were excited to sign the petition because they're excited to

[131:16] go back to the restaurant and maybe have a a drink there with their brunch. Alright, that's all the questions I've got for you. Thank you. Does the authority have any questions or do wouldn't we like to do concluding remarks on both locations. Are there any questions from the board members for either the applicants or the petitioner? This is, never ask them. And I I didn't necessarily have a question, but more of a comment to the applicants. I think anyone that's been in the community can all agree that the walnut is a stapled and we really when you go into this world about call service love to see you do it responsibly. So my suggestion would be to get with Nathan doing the Ra. I'm looking at your alcohol policy. It does have some things where I would say you can expound on those things.

[132:15] So just kind of what, as you dive into this kind of listening to some of your testimony about not working with alcohol. You know this community. We take a lot of responsibility and and and serving responsible, a having resolve, alcohol policy and service. So just doing everything you can in that sense, and and getting with Nathan do would be my suggestion. But I don't have any other questions. Great. Thank you for that. Input. Are there any other questions from the Board members not seeing any. Mr. Aller, did you wanna close with anything. I just generally wanted just for both locations. We had a one location was a 99% in favor. The other was a hundred percent I wanted to make sure. The the authority knew that there was kind of a different mix for both locations just be based specifically on the maps that were provided, but again had a very good in favor location.

[133:13] both applicants pass pass their background checks. And are, you know, could are in good moral character. I. I have had discussions with them, and I know that they are in favor and for making sure that they're gonna be in compliance with the liquor laws and and just really hope that we can make sure that they they get these liquor license and and continues staple community. Great. Thank you for that. At this point we will close for deliberation, with consideration for the first location. which is 30 73 Walnut Street, Colorado, 80301. Any discussion

[134:00] motioned. I would have liked to see the the policy, but I'm I understand that they are in the middle of that. But sometimes I wonder why that's not provided when requesting something. but overall. I live in South Boulder. I think it's going to be a great addition to the community. We there wasn't. Real quick, real quick. We are addressing the Thirtieth 30 73 Walnut Street, not the South Boulder location right now. So we're we're just assessing that first license. I do believe they did include a policy in there in the hearing packet. Mr. Absalom addressed kind of some of the the expansion points that they could do on that. But yeah, I believe it was in the packet material.

[135:02] Why did I? Page 149. Thought I heard it, and I thought I heard them say they were writing. So it was in the packet material for the first location that we're discussing right now. Yeah, it was one page. And yeah, to my point to the applicants was that they could certainly add to it. It's pretty simple, and I know that r can help them with that just when you take your first foray into Al call service, and being such a staple in our community for for breakfast, I would just I wanna see them really do it with the responsibility that that they need to. And yeah, I don't see it actually listed. But again, if we're using the same idea. If that's the policy for both locations where they could expound on it. Alright. Given that any other discussion. if not Member California would make the motion to approve the license. At 30 73 Walnut Street.

[136:04] Member, Absalom. What's second. All in favor. Say, aye, member Californ. Absalom. Number car. Aye. Member Roberts. Aye. Great license approved for that location. Second location to be in consideration of is the 6 73 broad South Broadway boulder, Colorado, 80305. Is there any discussion? Consideration. Member car would make a motion to approve this License. Remember absalwood, second. All in favor. Say, aye, member, California. But Absalom. Member car. I. Member Robert's. Aye. Awesome. Both locations approved for a new hotel, restaurant, liquor, license. Thank you. Thank you. Thank you. Good luck, guys.

[137:01] Thanks. Okay. Moving on into the agenda is agenda. Item number 12. Matters from the deputy city attorney. No items from the deputy city attorney. Thank you. Everyone. I did have a quick question for Roberto. going back into what we decided on the the penalty and the conditions rather for the renewal. It's not gonna be, for I'm sorry for chicken on the hill. It's not gonna be an automatic revocation. It's still gonna be a show cause. Correct if if there is an allegation. because simply because somebody alleges that, for example, they sold to a minor or they didn't do X. It's still an allegation until you make a finding

[138:01] of fact that X occurred, and you conclude that there was a violation. Then at that point you can. you can pull their that license that they have. Yeah, just for the record. I wish I would have ordered it differently in terms of an automatic re verification. And just say, you know it's gonna be a serious consideration for revocation. Well, no, I mean you. That was fine. What what the bla did was absolutely fine, because if you find that there is a violation. then you can revoke, but you need to have notice and an opportunity to be heard before you make that finding. Just wanted to emphasize the seriousness of the situation. No, absolutely absolutely. And and Roberto in in A, in a situation like we had with a previous surpass hearing last month. We can even do something like an emergency closure for health and safety. If we, you know, given that this applicant has a previous history and everything else, if we're we're that concerned, correct.

[139:13] Yes. Does Randy. Do I believe you. The city attorney. I'm sorry. Does that need to be brought forth by the city prosecutor rather. Yeah. So that would be through office. Rec and through the prosecution team so we would not necessarily know about it. Until they put us on. Notice that there is a situation which affects the set, the safety and welfare of the of the community. Thanks. Sure, today. I will advocate for officer wrecked, and that she's on top of it. So. Absolutely.

[140:06] Okay. Continuing on agenda. Item 13. Matters from the licensing clerk. neighborhood boundary setting for applications for the May fifteenth, 2024. Bever's licensing authority. Hearing first is zo zen Inc. Doing business as zo mama for a new beer and wine type, liquor license. At 9, 19 Pearl Street, boulder. Colorado, 8 0 3 0 2 staff pulled suggested boundaries from the liquor. Similar liquor license of trident booksellers, which is at 9, 3, 8 to 9 4 0 Pearl Street in Boulder. Would you like to hear those suggested boundaries. Please. North is Maxwell, extended South Marine Street. East Seventeenth Street. and West Fourth Street. Feel like marines a little close, but I could go either way.

[141:03] How's the rest of the board? Feel. Yeah, if you go farther. how far is taking all the way to college, Matt. I might just do university and also on the West Side. I feel like we could do city limits. I agree. City limits on the west side, for sure. Alright. So Maxwell, on the North City limits on the West University. This is by Motion University on the south side. What was the east. Seventeenth Street. And seventeenth on the east. Is that a motion. Yes. Remember, apps on the second. All in favor. Say, I remember California. Over Absalom. I. Number car. I. Member Robert. Aye.

[142:01] Kristen. I feel like that. Location had a license. Not for quite some time. Who's next to them. Who's next to them. I think it. I'm good. I'm not. That good. The. Hey? This looks like a different location. Yeah. Zomama already has an existing license within the city. This is a a, an additional location. This will be secondary. Yeah. So this is like a block pass past the jays, Matt, it's farther down, a little bit. Where's the other license? It's at their location. But then it's this is a new location. They're going down couple of block a block away. We're going down a couple. Okay, got it, got it? Got it? Got it? Alright, and the next for neighborhood boundary settings is Scratch Labs Cafe, Llc. Doing business as Scratch Labs Cafe for a new hotel restaurant type liquor license at 1,600 Pearl Street Suite, 300 Boulder, Colorado, 8 0 3 0 2 staff suggested boundaries. We're based on the most recent, which was in the area. Same license type main shack

[143:12] at 2,010 Sixteenth Street unit 1, 1 0 boulder, Colorado, 8 0 3 0 2. Would you care to hear the staff suggestions. Please. North is Elder Avenue. South Pennsylvania Avenue. East 20 Sixth Street and West Sixth Street. I'm good with that. Make a motion to accept those boundaries. Member California with second, all in favor, say, aye, Member California. Number, absolutely. Number car. I. Member Robert's I.

[144:01] Perfect. There are no administrative processing of liquor license transfers for this month. Nor are there any brewery winery or distillery requests for local licensing authority, input for application for Colorado sales room. The special Event liquor Permit List was provided as a part of the packet as well as the liquor, license, renewals, list sent for the most recent round of renewals. A draft of an agenda for the beverage. Licensing authority retreat in May was provided. If you have any items that you would like to see on that? Add change to that. we would, you know. welcome anything like that. If we could just kind of get that no later than

[145:07] May. I have the date up? I apologize. I'm sorry if we can get those to staff. By Monday, April twenty-ninth. Any changes or alternate suggestions. And just confirming. We're meeting at the 1136 Alpine Avenue address. Correct. Yes, so there'll be all sorts of fun. Stuff coming for that. Yes. Perfect. Are you talking food. We know you like your food. So yes, there will be a food component available to you. I don't believe Member Roberts or Member Carve had the opportunity to actually have an in person. Hearing to this point.

[146:04] Wow. Yes, we. They spoil us a bit. I think you'll you'll say it's very impressive. City staff is very good to you. I was there in the city last year. Yeah. Last year, I think. Oh, okay. Oh, you have the you have the last year. Yeah. It'll be similar. Do you have anything for Staff? I just had a quick question because I had a couple. This is legitimately asking for a friend being that I do not have a liquor license in my name. It was regarding the email I sent you Kristen about the to go alcohol. And this is is they do. The individual does have that to go license. But they weren't sure if they if they served someone alcohol, and they didn't finish it. And I it made me get to thinking about like reworking wine and things of that nature. Are they able to. If they don't finish their drink.

[147:09] give it, and it's a go cup sealed with all the proper wording and everything, and give it to them to go. If the licensee has the required takeout permit issued from the State, I could find nothing that was contrary to either. Whether or not it was a half finished drink put in that to go, or a you know. They ordered it to go. I could not find anything contrary as to this, that in State law. and we don't have any local surrounding that. Good to know. Thank you. They they kind of stopped doing that cause. They thought that they were in violation, but seems that they're not so. Yeah, yeah, I could not find, could not find anything contrary to that. It did not specify. So the law was silent. Great. I don't have anything. Does any of the other Board members. Are we down to the last agenda? Item here? 14. We've moved on.

[148:02] We are matters from the chair and members of the authority. No, the only thing I had is I didn't realize Member car was from New Jersey. What part of New Jersey are you from. South Jersey outside of Philly. So it's good. I represent North Jersey. I didn't want us to get like you're referencing bars in South Jersey. I went to school in trend. So I'm glad that we represent different parts of New Jersey. It's important. Went to school in North Jersey. So. Oh, rich! Did you go to Rutgers. No fairly. Dickinson in Morris County. Alright represent College, New Jersey, so. Nice love that. I have nothing. I would make a motion to adjourn other than that member absent. With second or Member Carcin, second, whoever who's licensed I'll give it to. I'll give it to member car. Alright. Yeah. Oh, do I? I said. Sorry. I'll repeat it. Yes, member car will second that motion.

[149:00] Thank you. In favor. Say, I remember California. Number, Absalom. I. Never car. Aye. Number, Roberts, I. We are adjourned at 5, 36 Pm. Thank you. Everyone. Thanks. Everyone. Guys have a great day.