October 16, 2024 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:04] Alright call to order the beverages. Licensing authority, hearing for Wednesday, October 16, th 2,024 at 3 Pm. Thank you. I'm gonna share my screen. So I can share these rules of decorum. The city has engaged with community members to co-create a vision for productive, meaningful, and inclusive civic conversation. This vision supports physical and emotional safety for community members, staff and board and commission members as well as democracy. For people of all ages, identities lived experiences and political perspectives. More about this vision and the projects. Community engagement process can be found on our website. The following are examples of rules of decorum found in the Boulder revised Code, and other guidelines that support this vision. These will be upheld during this meeting all remarks and testimony shall be limited to matters related to city business. No participant shall make threats or use any form 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.

[1:12] Participants are required to sign up to speak, using only the name they are commonly known by, and individuals must display their whole name before being allowed to speak online. Currently, only audio testimony for public comment is permitted the chat function, or in this case the Q&A function should be used for technical questions to staff, and it should not be used for public comment. All right. Next we have our roll call. If you will just speak your presence aloud. Chair, Matt Califano. Chair, Califano President. Thank you. Member Absalom is absent today. Member car. Member car, present. Member Haggerty. Member Haggerty, Present. Member Roberts.

[2:00] Member Roberts, present. Thank you so much. Next, we have approval of beverage licensing authority. Minutes from September 18, th 2024. Did anyone have any revisions, or is there a motion to approve. Member. Carr will make a motion to approve. Member, Roberts will second that motion to approve. All in favor. Say, aye, member Califano. Aye. Ever car member car. I. Remember, I agree. I. Member Roberts. Aye. Thank you. Next we have hearing agenda issues from licensing clerk. I just have one thing to bring up. The I mistakenly scheduled chicken on the hill for a check in, but they completed their 6 months of check-ins last month, so they will not be appearing. This month. I apologize for not informing the board last month with our last check in but they did complete 6 months last month, so they will not be appearing. So we'll just

[3:05] skip past that one. And that is agenda. Item 5. And that is it for agenda issues. So I will move on to agenda. Item, 2 matters from Boulder police department and Officer Leah Recordeeper. Good afternoon. I'm Leah Rec Boulder, Pd. I don't have a whole lot to report this month. We're up to 1,300 fake ids that have been turned into a police department and I've issued a pretty big handful of second or subsequent fake id tickets to some of the Cu students and other individuals here in Boulder. but other than that, keeping busy with other calls for service and establishments. Great. Thank you so much there. Any questions for Officer wreck from the board.

[4:01] I do have one question for Officer Reck. Hey, Officer Rick? Thanks for being here. Just wanted to ask if you know you're seeing any impacts from. You know now that schools back in session and we're having, you know. See you, games and everything. How are things going on your side, as you know. just kind of curious on that that end. If that's had an impact. Are you talking about like how busy it is at the establishments. Yeah, how busy it is if you're seeing an increase of violations, or you know, if there's anything we should be, you know, communicating to license establishments around. Maybe some. I don't know additional fake ids or other things that you're you're tending to see out there. Definitely an increase in student activity. Most generally we get calls for service for the establishments up on the hill when there's a game day. So yeah, we've seen a lot, a pretty, a pretty big increase, and still getting a lot of calls of they most mostly want to remain anonymous about seeing underageers inside establishments that are consuming alcohol, and our officers will try to follow up on those

[5:13] Sometimes the people want to talk, and sometimes they don't. But definitely an increase in activity with calls for service. some medical calls and things like that happening. But for sure. Thanks. Well, appreciate everything you do. Thank you. Any other questions. not seeing any alright thanks. Again. Office. Rec. Thank you. Next you have agenda. Item, 3 matters from responsible association of retailers. I am not seeing Nathan here.

[6:00] If he enters the meeting later I will let you know just in case there's anyone else here from Rir. If so, go ahead and raise your hand, and I'll let you in. Nope. I'm not seeing anyone. Next we have agenda item for general public comments for future beverage, licensing authority, hearing. If you are here to make public comment on something that is not included on the agenda. Go ahead and raise your hand. Public comment on something that's not included. Okay, I have one hand raise and I'll just ask the board. Are you okay with a 3 min timer for this public comment. That would be great. correct. I'm just queuing up the timer here. That's not right.

[7:06] Okay, give me one second. I'm gonna share the timer. And then I will allow our public commenter to speak. Okay. Dave, you are ready to go. Okay. Can you hear me? Yes. Thank you for your time. I'm calling in reference to our last month's meeting. I sent each of you a letter. I was asked the only response was to come back and and voice my opinion here on this call. So here I am. I felt like that this group, the the Embassy suites.

[8:02] I know the Sage Hospitality Group. They're great operators. They're fine people. But there was a really it wasn't equal in how that all went down they lawyered up. they showed up, and they kept arguing, which I didn't know was was our option to fight for a payment in lieu of closure. And I just want you all to realize the magnitude of what you do when you're closing restaurants and small businesses. But restaurants who have liquor licenses are fighting some real challenges here, with labor increases and property tax increases and the closures that you deal out. I'm not sure how impactful you realize those are to these restaurants and these these license holders closing for a day. It affects sales tax for the city. It affects revenues from the that the that the servers make. It's a real impactful thing, and you can levy just as impactful fine to the restaurant owner and to the bartender. But just to throw out 1, 3, 5 day closures without any consistency doesn't make any sense. That hotel argued that they're a community center that they do so much for the community. We were a 37 year old restaurant that has never had a violation.

[9:21] and we had to close for a day. That's not equitable that this group who's been in business for 5 years, who has very little connection to the community at the level, that some of these local restaurants do is allowed to not have to close. It is a class 6 felony to use a fake id 12 to 18 month jail sentence 1,000 to a hundred $1,000 fine with a year parole. I can call all day long and say, I've got somebody down here using the fake, Id, and it's great to hear Officer earlier saying that they're collecting more ids. But where is the prevention? Y'all act like your your smoke spotter sitting up in a in a spire, waiting for to see smoke. There's no mitigation. You're not

[10:05] preventing forest fires. You're not teaching people how to how to do work around fire mitigation. You just send in these gray haired 20 year old, 11 month and 3 week old kids to come in and sting these restaurants, and and then we pay the price. So I wish there was a little more work around. In intelligent alcohol consumption prevention with Cu, and with the the group as a whole, to make it feel a little more equitable. Great. Thank you so much for that comment. Thank you. Is the board ready to move on. I believe so. Yes.

[11:02] okay. We have agenda. Item 5, which I mentioned. Their last checking was actually last month. So we will skip over that one. Now we're on to agenda. Item 6, which is the lab bar and bites Dba waffle lab boulder, 1, 1 5, 5, 13th Street, boulder, Colorado, 8 0 3 0 2 monthly status. Report to the bla. If you are here to speak on this matter, go ahead and raise your hand. Alright, Ashley. I see Ashley. I'm gonna promote you to panelist. and while they're being promoted and getting settled here I will let the Board know that this business is in good standing, with occupation, tax and sales tax. Good to hear. How are things going? How?

[12:00] Hi, Ashley, how are things going? How has business been for you? It's been good. Obviously, we've seen an uptick with the football games and things like that. Over the past month we have confiscated 18 ids. They vary in the way that we kind of find them. Sometimes it's the classic thing like the corners peeling up. You can clearly see that it's. you know, poorly made. Other times. It's us asking questions like How old are you? Because what we found is, people are generally good at memorizing the stuff on the Id, but they're not really good at figuring out like how old they're supposed to be. So just asking them how old they are. You know of what it's supposed to be on. The Id trips them up a lot which I know it sounds kind of silly. But it's 1 that actually does kind of get things often as well as the Zip code, because that's just a little bit harder for people to

[13:04] memorize. I guess. that there have been a few expired. There's been a few with just mitch mismatched photos. Clearly not them on that same kind of train we've reached out to Nathan at Rar to start utilizing them, to do some of the kind of like internal compliance checks. I know he's still working on getting that program off the ground, but we are on the list of people that want to use it once it gets going so hopefully that will be soon. We've also implemented a new thing just in the last, like week to charge a small cover charge of $5. We're not allowing it to be cash, only credit. So one that enables us to check that the Id that they give us actually matches the credit card the name on it. Which is kind of just.

[14:00] you know, an extra little layer. Obviously. that people can get around that people can get around anything, but we're finding that at least it one deters some people. Also obviously helps a little bit with just people that don't want to pay. The cover is $5, but some people don't want to pay it, so it kind of helps from a capacity standpoint as well, so we have paid our fine from last month as well. I paid it this morning, so I don't. I don't know that's something. But yeah, that's been kind of how things are going right now. Thank you so much. Those are some definite creative ways to chat. thank you for taking this seriously and and going through that process? I I yeah, no, I think that's a great idea. Does it board? Have any other comments.

[15:02] I just wanna make a comment that I'm really happy to hear the status report. Thank you for sharing the detail and level of detail. And it's clear that you've taken it really seriously. The feedback that we provided with you last month. And really, really appreciate that. Yeah. Thank you. Officer wreck! Did you have anything you wanted to say. Yeah, I just wanted to give Ashley a heads up that probably 99% of the Ids I get are actually, the names are the people who they are, I mean, they're they're their names. They're legitimately their names. We understand? Okay. Secondly, the Ids need to be turned into me. They're supposed to be turned in within 72 h for the rule. But you know I obviously I I'm not holding you to that. But if you could get those to me on a pretty quick basis, just so we can get those processed. Yeah, I I will double check. But I thought that our assistant manager, Connor, was doing them weekly. But I will double check that that's still happening.

[16:05] I I know when we met a while ago. Yeah, you had said that. you know, a a week or 2 is is okay. So I will just double check to make sure that he's getting those turned in. Okay. We also had a stack turned in on Friday with no information on them. So those are yours. I'm not sure. Maybe. Maybe I'll double check. I know he knows that we're supposed to put our information. We ran out of stickers, but we've told him just to write down. The you know the our name, and all of that, but I will double check with him that make to make sure it's all being done correctly. Great anything else for Ashley from the board. No. Well, thank you so much for the report. Thank you. Have a good day, guys. Thank you.

[17:02] Give me one second. Okay, now we are moving on to agenda. Item 7. Show cause hearing concerning an alleged violation, and whether the tavern type, liquor license held by No. Brisket, no biscuit. Llcba spotted James. 1 9, 1 1 11th Street unit, 100 boulder, Colorado, 8 0 3, 0 2 should be suspended or revoked. If you are here to speak on this matter, please go ahead and raise your hand, and I will let you in. and I have one raised hand here. While this person is getting settled, I will let the board know that the this Licensee isn't good standing with sales, tax and occupation tax and they do have a signed stipulation, and Mia. Keller is here from the city attorney's office.

[18:08] Thank you, Miss Kellogg. That's essentially all I was going to say is that we have reached a stipulation in this matter of the Bla should have it so, we would move for the bla to accept that stipulation. At this time. Thank you. Ms. Keller. Is there a motion to accept the stipulation member? Califano would move to accept. And recall, will second the motion to accept. All in favor. Say, aye, member Califano. Aye. Member car. I. Member, haggard AI. Member Roberts. Aye. Thank you so much, and I believe, this Licensee is represented by an attorney. If you will just record your appearance, and then let me know who, if anyone will be testifying today so I can swear them in. Well, my name is Thomas Dunn. I'm an attorney with Dill Dill, Carr, stonebreaker, and Hutchings, and I represent no risk at no biscuit doing business. Spotted James with me is the owner, James Sharaga, who goes by Jimmy, who is in the blue shirt in our video, and his general manager, Anthony Madrid is also present.

[19:19] My plan is to present the mitigation myself as much as I can, but I do want both of them sworn in case there's any necessity for asking them questions, or you have any questions for them. No problem. I will start with James, if you'll just say your name, spell your name and give your address for the record. Excuse me my name is James Shiraga. Last name is Sh. V. As in Victor IRAG. A. Address is 2 0 9, 7 South 100 and 4th Street, Broomfield, 8 0 0 2 0. Thank you so much, and I'll swear you in at the both at the same time. And then, Anthony, if you'll say this, do the same. Say your name, spell your name, and give your address for the record.

[20:06] Yes, it's Anthony Madrid. Last name is MADR. ID. My address is 4, 7, 2, 6, Main Street, Denver, Colorado, 8, 0 2, 1, 1. Thank you so much, and if you'll both raise your right hand. do you swear or affirm that the testimony you're about to give in the matter before the beverage. Licensing authority is true. I do. Yes. Thank you. Alright, and since you're represented by council, I would ask if you'd be willing to waive the reading of the procedures into the record. We will waive that. Great, and is there any conflict of interest or ex parte communication from any of the Board members? Member Califano? No. Member card, no. Member Haggerty, you know. Member Roberts, No. Alright, great! Well, you may proceed. Thank you. we appreciate you taking the time to listen to our mitigation and evidence in this case.

[21:07] I can tell you that the no risk and no big. They've had this liquor license since 2,020, and we've never been in front of a licensing authority for any violation of any sort. Jimmy Shiraga has comes from a long career in the restaurant liquor industry for years running major operations in the city of Denver before heading up to the boulder area, also runs a place in Lafayette. Is that right called Dillinger's. and again, no prior liquor violations whatsoever. I think you can see from the exhibits that we have provided to the authority. The diligence in which Mr. Sharaga and and Mr. Madrid have taken in terms of operating the Spotted James. Everyone has been tip certified.

[22:06] They have recently been retrained, as seen in the exhibits and the documents that we have provided as exhibits under exhibits one A and one B, which we provided you one slight clarification there, in case you have any questions we did list on the proof of training document that the county wanted us, or, excuse me, the authority wanted us to fill out a person by name of Ara Frederick. She actually recently was divorced. and her last name is Fornstraw, HOOR. NSTR. A. The reason I mentioned that is that the certification document is under that name, as opposed to the Frederick name, that is, on the listing that we provided you One other clarification on that is, that at the time that we filed our exhibits, pre hearing 9 days before the hearing as required by your rules, we did have a document reflecting that the training of our staff by the

[23:13] what's the name? Serve safe organization that we had 11 people being trained. And we filed the an email showing the names of those individuals we only received as of last. What was the date that we received those last Friday, the 11th last Friday, October the 11, th the actual certificates from Servesafe. So we sent those up yesterday to the authority to supplement our exhibits under one BI don't know if you have received or had the opportunity to look at those. But again, those named individuals in that email, under one B, again, we have the completed certificates. So, going going back to this violation itself. Brianna Rowe was our bartender. She has been an employee for, I think, 3 years for us. An exemplary employee works really hard, very diligent.

[24:13] you know. There's no legitimate explanation for why she went through the you know, the brain dead moment of looking at a verdict because she asked for the Id. which is our policy, and then just kind of went brain dead in terms of the calculation of the how old this individual was, and that was a complete violation of everything she's been taught by us. She was incredibly remorseful. I've spoken to her myself. I mean, it's the type of thing where she's in tears in terms of accepting her responsibility here, and she was dealt with appropriately, I think by Jimmy in terms of the discipline under Exhibit

[25:03] 8, that we filed with you. It shows the notification to her of the penalty that we the employee, sanction. and where we suspended her for 4 weeks, and that took place immediately after this violation, the and and and of course that hurt her tremendously in terms of the loss of income that she experienced. But that was appropriate. We did not fire her because she has been such a good employee, and because she did express remorse, and because she has been a longstanding good employee of ours. Of course, if she ever did this again, there's no question that she would be terminated. Our offense took place on May the 30, th a Thursday. My client with through Tony Madrid, the GM. Who's present, had a staff meeting that Saturday night with everybody about the seriousness of this violation, and how employees will be would be terminated if anything like this ever happened again. So we took an immediate response that was clearly felt by all of our employees about the seriousness of this violation.

[26:24] We indicated to them that they would all have to undergo retraining under tips. Again. We have provided all that documentation to you through the tips program, as well as the servesafe in regards to the retraining. Some of that took place on June 9.th That was through the tips. That's when Brianna Rowe went through it, and a couple of the other employees to include, as he always does, Tony Madrid, our general manager. and then it. The most of the employees after that were retrained on September the 20 second through the tips. Excuse me the serve safe program.

[27:05] So again. immediate consequential steps for all our employees. We've also provided for you. The agreements that have been signed by both our bartending staff and our door personnel staff in terms of their obligations and policy. Our policies in regards to making sure that we never serve anyone who's underage. And I think it's important, for you know we don't let people that are under 21 into our establishment. Typically Ids are checked at the door. That's done on Thursday, Friday, Saturday, and Sunday nights, is it Sunday as well at the door and the door? People come on approximately 8 o'clock at night, and they are there until closing at 2, and they're checking Ids at the door. We have given you photographs of some of that of what that looks like at our door that's under exhibit 6. They even implement and utilize on every id check the use of a black light to illuminate images that otherwise would not be seen, and attempt to detect, fake ids and make sure that they're valid.

[28:19] We never accept in any way expired identification in doing this. So we are. We have taken very strong steps to ensure that no minors are in there, and that no minor is ever allowed to be served. Alcohol. Obviously we screwed up in this instance. We feel very badly about it. I can tell you that the owner, Jimmy. has had a lot of angst over that. The fact that this even took place, I mean, there's a i can, I can tell you. There's a certain shame piece I have felt from him in in putting this package together for your mitigation, and I and it's very clear to me that they have taken, I think very strong and dramatic steps to make sure it won't happen again.

[29:06] The the other thing, one of the other things that we've done since this violation. And again, it's reflected in exhibits that we have provided you under Exhibit 5. We have retained the services of the bars program, which I'm sure you're probably familiar with. It's a secret shopper type of program in which the bars program sends in people to make sure that Ids are being checked, and if they are not checked by an employee, then the employees have been notified that they will be terminated in our own self monitoring through the bars program. So that's again an additional step that we have taken. You have also copies under the exhibit 3, which is a spot of James bartender agreement.

[30:01] You can see that there are different dates of signature on those these have been longstanding. Some of these signatures were made in 2021, some as late as 2024. But this was something that was in place at the time of this violation. So there are written policies and acknowledgement of each employee of this and that they are subject to termination if they violate this agreement. Obviously in terms of the alcohol laws, the very important part of this is. never serve a minor. Don't allow minors into our establishment. Never serve a visibly intoxicated individual, never allow a visibly intoxicated individual into our establishment. and if they become visibly intoxicated. They are cut off, and they have to leave our premises in a responsible fashion, where we attempt to make sure they have an Uber ride or sober friend that can drive them home, etc. So that has always been a long standing. Strong policy of our establishment, as well as the never serve a minor. So we have both. I've given you both the Spotted James bartender. Agreement under exhibit

[31:10] 2, and then under exhibit 3 are our vertical id policy document that each employee has sinus involved the service of alcohol and the under exhibit for the door personnel agreements that our security are signing. So we have security both at the door we have security on our premises that are circulating at all times from 8 till 2 in the morning. On nights of Thursday through Sunday. So we taking our responsibles very seriously the vertical id policy. Let me speak to that briefly, because I I think you I I don't know if you have questions on that or not. But we have specifically asked for each employee to sign our written policy on this, because

[32:06] we do not have a policy of not accepting vertical ids. and the reason for that. you know, some some places do require that. You know I have clients in the city of Denver, where they won't take any vertical ids. But in the environment that we're in in boulder that is really problematic in terms of of financial impact on our business, and this has been researched very thoroughly by Jimmy because he, when he 1st took this over back in 2020. Initially he had a no vertical id policy, because he came from the community in Denver, where that was more readily implemented. but they determined that. And and if you have any questions about this, you can ask questions of Mrs. Sharaga, or and he can explain this a bit more. But in evaluating this he actually kept track of how many customers they would lose if they turned away. One person who had a vertical id

[33:08] you know they use often. These kids are in, you know, a group of people. So if one gets turned down 6 to 9, people might leave, and even though it was a valid id, they weren't allowed in, and my client figured out that this could cost upwards of almost a quarter of a million dollars in sales calculated 18 bucks a person over a year if this number of people were to leave, and he kind of tracked, how many people would leave. and the other thing on this and the Colorado ids themselves, you know, expire very quickly after a person turns 21. I think it's 20 days, but in other States that's not true. And of course, Cu being a good university proud alum. Right here. They have kids from out of State, of course, Texas and California's vertical ids

[34:09] can last until a person is 25 years old. So if we didn't accept vertical ids in those instances, we have these people leaving that they wouldn't have new ids immediately, so that complicates the picture as well. So bottom line. On this they have a specific vertical id policy of saying they have to take extra special care in checking vertical ids to make sure the person is of age, and over the age of 21, and they all our employees sign that acknowledge it. So I that may be a long, winded explanation on that. But I wanted to make that you aware of that exhibit 6 again, is photographs of our security staff, showing that we don't let anyone under 21. We have this under Exhibit 7. The Id Checking Guide, for out of state ids our door personnel are trained to look at those and refer to that checking guide which is not uncommon. Again, in Boulder because of out of State students.

[35:11] Exhibit 8 is the written suspension and and consequence to our employee. One last thing I want to mention is exhibit 9 in July, specifically, on July 26th of this year, the State Department Revenue liquor licensing. They ran a sting operation at our place, and we successfully passed that where we checked the Id. And refused service. So again, I think that demonstrates that you know of our our compliance with the liquor laws, and how integral that is to us, exhibit 10. And this is premature. But I have filed 90 days of alcohol sales, records which I'd like to speak to after we have some discussion of the potential penalty to be imposed here, and if there is any active suspension, we would like to pay a fine in lieu. But I think that's premature at this point

[36:08] should I speak to at this point what I'm requesting in terms of what I'd like to see as a penalty for my client? Are you talking in terms of day served or fine in lieu. Both. I would wait till after we deliberate Sure. And in, Lou you're welcome to say what you think we should do for a penalty. But ultimately it it will be our decision. Of course, and I'll speak to that then in a moment, then. So I think that really covers the mitigation I'd like to present. I'd ask that our exhibits be admitted into evidence. Our exhibits are numbered, one through 10, and I'm here to answer any other questions, or if you have any questions for my client. Of course they are here to testify and tell you the truth.

[37:03] Thank you for that. Are there any questions from the board? I just have one quick one. So how do you prevent individuals from coming into your establishment before you have a doorman that are under 21. So the there is no prohibition on an under 21 individual coming in before 8 o'clock, when our security is there. what is what? And my client can correct me, but what? When someone asked to be served any alcohol at that point in time there an Id is requested, and if they are under 21, they are told they are not allowed to be present. We do have a sign on our front door that says No. One under 21 is allowed to be present. But in terms of that enforcement, and before the security people are there, that's primarily how it's done. Is that an accurate statement that is correct.

[38:01] So then I think a more accurate statement would be. individuals are not allowed in the in the establishment after 8 Pm. When there is a doorman. However, they have the ability to bypass that sign when coming in before the doorman is there, however, they would be they. They would be Id, when they tried to order a an alcoholic beverage. And and that is, I think that is a more accurate statement, and the only thing I would supplement on that is, that they would then be told. They have to leave at that point in time, as well. Great. Thank you for that. Any other questions. Excuse me as a follow up on that question. You know I see in the exhibits. That your doorman have like a black light, so they can check the validity of the Ids appears. There's also an id checking guide. How are those only used by the doorman security or do bartenders also use them and have access to those things.

[39:04] I asked my client to answer that question bartenders have access to them and use as needed would be the best way to describe it before before 8 Pm. They do have access to them, and yes, they, if they needed them, they would use them. So so it'd be fair to say like, if they had concerns about an id that the best practice would be for them to look at that id checking guide, or use a black light to double check the validity of it. Correct? Thank you. Any other questions. not seeing any. Alright. Is there anything else you wanted to present to us before we close for deliberation? Should I talk about penalty now, or should I wait? I I want to talk about penalties separate and apart from fine, in lieu, so should I address that now.

[40:01] Yes, you can voice that. Thank you. I have had the opportunity to review your guidelines as well as your mitigation and aggravation factors as set up by the licensing authority and and I also know that the guideline penalty for our licenses, I understand, and reading it is 3 days of active suspension and 6 days held in advance. And I'm requesting that, in view of of everything that my client has done for years. and the additional steps that he has taken through the bars program meetings with employees, the retraining of all employees since then, that the mitigation, I think, far outweighs any aggravation in this case, and that therefore the guidelines, I would ask that there be no active suspension whatsoever, and that the the authority impose a penalty only of the 6 days held in abeyance for our violation.

[41:11] Great. Thank you for that. Is there anything else you'd like to present. No. All right. At this point we will close for deliberation. Is there a motion. I would just like to say, like I've seen. I like the mitigating factors I like how these exhibits were presented to us. I think there is a lot to see a lot of good here that to see around the policies around the programs. Well, let's go ahead and make a motion first, st and then we can have a discussion. Okay. yeah. So I will make a motion member call, make a motion for given the mitigating circumstances for

[42:01] one day served. And I'd like to see 8 days held in advance. Member, Califano agrees. and would second that motion based on the amount of mitigating evidence. I do agree that there was not any aggravating factors. They they took responsibility. but given the request, for no day served. This license is fairly young. It is under 5 years old. So that would be. That's that's why I would second this. So we have a 1st and a second all in favor. Say, aye, Member Califano, aye. Member car. I. Member Haggerty on.

[43:00] Emma Roberts. Aye. Okay? And then I believe this would be the time. If you're asking for a find in lieu for us to consider that. Thank you. I have submitted under. Exhibit 10. Our alcohol sales records for the last 3 months, ending in September. and my review of those records shows that over those 92 days of those records reflect that the average daily gross proceeds from the sale of alcohol is $3,813, and that 20% of that is $762 and 71 cents. And I'm asking that you allow us to pay a fine in lieu of the one day of active suspension again, as I see it being justified by the the strong and excellent mitigation that my client has taken has always taken, and again with his own enforcement through the bars program, and otherwise with making sure that no minors are served.

[44:21] Alright. So at this time we will consider the find and Loo request. Member Califano would not be in favor of that. We typically only grant fine and lose under extenuating extreme circumstances. But how does the rest of the board feel. Yes, it's Member Carr. I I concur with that opinion. I don't see any specific reason why we should grant a fine in lieu in this certain situation. I don't like to set that precedent as a typical outcome as well. Yeah, this is Member Haggerty. Yeah, I agree with both.

[45:01] both the earlier statements. It's it's it's tricky thing with president there, and I think we've kind of established as a board. So I'm I'm I concur with both to you. Can I address the day of Closure, the actual suspension, the date for that. We're still considering, defining that we haven't voted. I'm sorry. I'm sorry. Member. Roberts, did you have anything. Just in general. I'm definitely feeling feedback from our city. partners and I'm I'm I'm not feeling as strongly, but I think that you bring up a very good point chair, Califano, that this is a very young license. And so I do agree with you guys for this case. And I probably should have made a motion 1st before we discussed, but I would make a motion to not grant the fine in lieu

[46:06] there a second. Member. Carl will take up that motion to not grant final loan. All in favor. Say, aye, member Califano. Aye. Number, car, high. Member Equity. I. Pretty great. Remember, Roberts, I. Works about it. So find in Lou request. has been denied. At this point we need to determine. Days served now. You had a a request for day served and what was that. We would request that the we are open for business 7 days a week. So this is a regular day of business. We would request that that one day of suspension beyond Monday, October the 21.st Oddly enough, that's typically when we do them. So.

[47:02] Better. Hi. Yeah. I, would be okay with that. How does the rest of the board feel? Yeah. Sounds fine to me as long as that's enough time for caitlin, caitlin and team to get that turnaround perfect. Alright. So Monday, the 21st will be the day served. Yeah. Them on Sunday. does that? And when you, when we do, can I ask for a point of clarification on that. Yes. So we're normally open on Sunday, and we're normally open till 2 Am. Does the closure suspension start at 2 Am. Caitlin, I would defer to you. I believe it starts at midnight. Correct. Correct. Yeah. Do you still want to do it? Then? Okay, thank you for that clarification. That is, I don't need to speak further to that issue.

[48:06] And city licensing will prepare the suspension posters tomorrow, and they will be available for pickup anytime before the time of suspension. So you want to make sure they're posted before the time of suspension. Okay. what time tomorrow? What time tomorrow can we come by to get those. After 12 Pm. Okay. Send you an email. You need one inside and one outside. Do you have 2 signs? By the way. Yes, 2 signs. Okay, thank you. Okay, thank you very much, folks, thanks for your kind attention. Through this hearing. We really appreciate it. Thank you. How do you thank you? Thank you. I'm just gonna make sure that everyone is in the right room. Okay. next, we have agenda. Item 8, show cause hearing concerning an alleged violation, and whether lodging and entertainment, type, liquor, license held by century theaters, Inc. TV, century 16, 1,729th Street, Boulder, Colorado, 8 0 3, 1 should be suspended or revoked.

[49:14] If you are here to speak on this matter, please go ahead and raise your hand, and I will let you in. I see that Mr. Profit is here, and a few others. and while everyone is getting settled I will let the board know that there is a stipulation in this case. And mia is also available, and they are in good standing with occupation. Tax and sales tax meet. Thank you. I would like to let the Board know that we have reached a stipulation in this matter, so I would move for the Board to accept that stipulation. At this time. Thank you. Ms. Keller. Is there a motion to accept the stipulation member? Califano would make a motion to accept.

[50:07] Amber. Roberts will second the motion to accept the stipulation. All in favor. Say, aye, member Califano. Aye. Remember Robert's I. Member haggard. AI. I think. We may have lost member, car. Yeah, I think that's what happened there. That is okay, because 3 is still a quorum. Oops. He might be back. There we go! Member car. It looks like we might have lost you for a second. Yeah. My Wi-fi went out here for a moment. I'm sorry about that. That's okay. Did you hear that they were? They were on the vote to accept the stipulation for agenda? Item 8. Did you want to vote.

[51:07] I I did not hear that, but I will, I do. I'm aware of a stipulation agreement in place, and I make a I say I, for accepting that agreement. Thank you. Okay. And then, Mr. Profits. I see that you are here. If you'll just record your appearance, and then just let me know who you would like to have sworn in for this matter. Excellent. Thank you. Brian. Profit registration number 31, 1 0 1 on behalf of the century Theaters Incorporated doing business is century 16. I have 2 witnesses who are logged in, including Ms. Kayla Lizuski. I hope, I said, that correctly. She is our general manager. And then Mr. Matt Dunn, our senior director of food and beverage. Although Mr. Dunn may simply be logging in to observe, I'm not sure if he plans to participate.

[52:03] Thank you all right, and, Kayla, if you will just say your name and spell your name and give your address for the record. Yeah. My name's Kayla Leshewski. It's LISZ. EWSK. I. And my address is 1231 West buyers place, Denver, Colorado, 8, 0. 2, 2, 3. Thank you. And Mr. Dunn, if you will do the same if you're planning on giving testimony, if not, we don't need to swear you in. and you are muted. Sorry technology my name is Matt Dunn, DUNN e. My address is 1092 on Wencia, ONWE. NTSI. A court in Naperville, Illinois, 6 0. 5, 6, 3. Thank you so much, and if you'll both just raise your right hand. do you swear or affirm that the testimony you're about to give before the beverage. Licensing authority is true.

[53:04] Yes, I do. Thank you. And Mr. Profit. I apologize if you've already recorded your appearance here, but if not, can you record it. I I did, but I'm happy to do it once again. Brian. Profit 31 1 0 1 on behalf of the licensee. Great. Thank you so much. Appreciate that. And since you're present here, are you willing to waive the reading of the procedures into the record. We would so waive. Great, and is there any conflict of interest or ex parte communication from any of the Board members? Member Califano? No. Never cardinal. M. Or Haggerty. No. Member Roberts, No. All right, Mr. Profit, you may proceed. Thank you, Chairman Califano and members of the authority. Good afternoon. Briefly, the the facts of this situation are fairly straightforward. There was a sting operation at our location.

[54:02] Our bartender, who helped the operative, asked for identification, and then, instead of following his training and using our point of sale system, which is required of every alcohol sale. He simply looked at the identification and completed the sale. For that our employee was initially and immediately suspended from work, and later terminated as a result of his failure to follow our training as well as policies and procedures. Briefly, I would like to discuss those policies, procedures, all of which you'll find in the mitigation materials as part of our mitigation. We have provided our proof of training certificates for all of our staff at the Century 16. But I think most importantly, for purposes of this afternoon's hearing, we utilize an in-house proprietary training program for our staff. It's shortened to the acronym of Docs, DOCC. S. This method stands for dialogue.

[55:08] Observe, check, choose, and then sell, but only after the D, the O. The C and the initial C are followed. These materials are an online training and testing. However, we have included a series of screenshots for you. What it fails to provide to you, unfortunately, is the video voice over and interactive training and testing elements of our training program. Anyone who is involved in the sale of service of alcohol is required to take this training program before they are initially allowed behind the bar, or at any other area where alcohol, sale and service might take place after the training. They then go through a a period of shadowing and existing

[56:02] team member, and in this instance this gentleman, I believe that he was hired in about November prior to this event, which took place in May, and had been through our training. Now we've also included a number of written policies for you, but our policies are quite clear. Anyone who asks for an alcoholic beverage you have to ask for their identification doesn't matter if they are 21 years old or 121 years old. you ask for that identification, and is required to be run through our point of sale system, and we've also included some information regarding our point of sale system scanner which should make this situation infallible. Our scanner system. You take the identification. It doesn't matter whether it's from Colorado or any other State in the country, or even some Canadian and Mexican provinces, is my understanding. You scan the identification, and it will come up showing you very clearly on the screen, red not to sell or green. You may conduct the sale.

[57:09] Our problem here, and the downfall of this particular individual was that he failed to scan the identification. and again, for that he was let go. But our written policies do require asking for that identification and using that point of sale system. Now, we've also included some supervision procedures. For alcohol, sale and service within our theaters. I'm not going to spend a lot of time going through that today, as that wasn't an issue here, and we actually spent a fair bit of time with this authority, a number of years ago, when we initially were awarded this License regarding those supervision procedures. But we did include it amongst our mitigation materials for you, so that you can see that we take the sale and service of alcohol

[58:00] importantly at our location. Now. a couple of other items that I wanted to mention from our mitigation packet has to do with our community involvement. I won't go into that in a great deal, but I do encourage you to take a look at the cover letter that I provided with our mitigation materials regarding things that we put on at the theater, including even late next week for members of the community within our theaters. And lastly, and I feel that this was necessary. This young gentleman, our employee, who engaged in the sale. When asked by the liquor Enforcement officer if he had taken quote tips training indicated that he was scheduled to take it the following week. That was true, however, the following week's training was a retraining for this individual. He was properly certified at the time of this particular enforcement operation, and so I didn't want that to make it appear that he had not been trained. He both had been trained with our internal training program as well as a State approved training program. He was scheduled for retraining only the following either week or week following. So I thought that was something that I wanted to point out.

[59:23] With all of that, said the Century 16 Theater has been a boulder business since 2,007. Now we haven't had a liquor license for that long. We've had it since 2017. But this is the 1st time there's ever been an issue at our theater, and for those reasons we do hope that you would take a look at this mitigation, and as well as the circumstances here, where our employee simply and utterly ignored his training. did not utilize the tools that have been placed there to make this.

[60:03] I hate to say it, but dummy proof he absolutely didn't use the machine, and that was the issue here, and for that he lost his job with us. And so we hope you look at these mitigation materials and choose a lesser suspension from those guidelines set forth. Thank you. Thank you, Ms prophet. Are there any questions for Mr. Profit or Mr. Dunn from the Board. or I'm not going to attempt to pronounce your last. I'll try it. Because I butchered it earlier. Leshewski Kayla, did I say that right that time. Yeah. I, I do have one question. the the scanning system. Is that so? That's not like a requirement of selling a beverage like it's a requirement in your process. But someone has the ability to go and serve an alcoholic beverage without inputting, like a birth date into the register or something of that nature. I just want to clarify.

[61:08] Yes, that is, that is correct. With our within our system we have a proprietary pos system. So it's not your standard off the rack. We are in the process of integrating the scanner system into the pos system itself. But the scanner system currently is a separate entity, and and is operating separate from that register. Thank you. Any other questions. not seeing any. Alright, Mr. Profit. Is there anything you wanted to present before we close for deliberation? Nothing further beyond the mitigation statements we've made, as well as the cover, letter and packet. That we hope you consider. Great. Thank you. Alright. At this point we will close for deliberation. Is there a motion member? Califano would make a motion

[62:03] for one day served with. I would say, 10 days held in abeyance. And the reasoning behind that motion would just be, I do agree that there is a lot of mitigating factors here. It does sound like a very rare mistake. that they have put in place. They have in place systems that should prevent this? But yeah, I would make that motion. Member car was sick of that motion. given the the factors that they they do have in place. also they have a lot of mitigating. Excuse me, mitigating factors. I want to recognize.

[63:01] All right, all in favor. Say, aye, member Califano. Aye. Never caught our eye. Member Haggerty. I. Member Roberts. Aye. Okay. And now we need to determine. Days served Caitlin with this Monday. At this time I think it appropriate. We would like to make a petition to serve that day as a fine in lieu. We have sales records for a period of 93 days. I believe it is which we can provide. I have them with me. But obviously, now that we're doing these virtually, we would have to provide them to the authority at a later time. But we believe that we do satisfy the requirements for a petition to handle this as a fine in lieu. And for all of the reasons that you've already considered for purposes of our suspension, we would request that ability. Member, Califano would make a motion to not grant the fine in lieu based on

[64:06] as we have previously said, we only do those in extreme circumstances. And I. I don't believe that this meets that area, but that would be my motion. I recall taking that motion. All in favor. Say, aye, member Califano. Aye. Number car. I. Member Haggerty. I. Member Roberts, I. Alright, the fine in lieu has been denied. As far as days served Caitlin. This can be all ready by Monday. Yes. Alright, so that would be a motion for Monday, the 21st of October to be served.

[65:00] Is there a second to that motion? I don't recall what that number. All in favor. Say, aye, member Califano. Aye. Member car. I. Member Haggerty, Eye. Emma Roberts. Aye. All right, so find a day of suspension to be served on Monday, October 21.st Thank you, Mr. Profit. Thank you. Chairman Califano and members of the authority have a wonderful afternoon. Thank you. And then I will prepare suspension posters and send an email, and they will be ready after 12 Pm. Tomorrow, and they can be picked up anytime before the time of suspension. We'll look for that. Thank you. Ms. Kellogg. Yes. And just give me a second. I'm just gonna get everyone to where they walk.

[66:01] Okay. next, we have agenda, item 9, public hearing and consideration of an application filed on August second, 2024 from Kmg. Incorporated, Dba. Screwed soul 1 1, 4, 9, 13th Street, Bowler, Colorado, 8 0 3 0 2 min. Q. Kim, 100 owner of Kmg. Incorporated and Registered Manager, with the business mailing address of 1, 3, 7, 8, Marigold Court, Lafayette, Colorado, 8 0 0 2 6 for a new hotel restaurant type, liquor license. If you are here to speak on this matter, please go ahead and raise your hand. See that Miss Johnson is here again. If you're here to speak on this matter, go ahead and raise your hand. The raise hand function is at the bottom of your screen.

[67:04] not seeing any other hands. Think they may be on their phones. I'm not positive, but I think they may be. I don't see any numbers have called in either. Charles just called me. They just called me, and wanted to know where they were on the hearing, and they said they were next. Okay. Once again, if you're here to speak on the matter for Scrooge. Soul, please go ahead and raise your hand. So I know that you're here. I'll try to call him real quick. Okay. Yeah, they're waiting for you. Do you have? Did you click? You have to hit the little hand down at the bottom

[68:01] of the screen. If you want. there's a there's the little hand. simple that that'll let them know you're. There we go! Okay. Okay. Okay. Goodbye. Thank you so much. Carol. No problem. Okay, and then there. Oh, it's going to ask you a question, and you want to accept that. Let's see. I should have stayed on. That's okay. So Mr. Lee, I'm asking if you'll want to be promoted to a panelist, you'll go ahead and accept that so that we can have your video turned on. There we go.

[69:05] Maybe. I'm cooking. Okay, here we go. and they are rejoining as panelists hopefully. Okay, perfect. Mr. Lee. Are you able to turn your camera on. Working well.

[70:14] Think they're just getting settled. Okay. good afternoon. Can you hear? Oh, hello! We can hear you. Thank you. Okay. so I'm just gonna go ahead and ask Mr. Kim, are you gonna be represented by an attorney today? No, I do by myself. I have Mister Kim. I'm just here just in case he needs some help with his English.

[71:05] Okay, if you so, are you going to be interpreting for him today? When you yes, but just if we need. He could spend a while. That's okay. So if you're interpreting, I'm gonna go ahead and swear you in as an interpreter, just in case you need to use that bye. And can you tell me what language you'll be interpreting into. Korean and English. Thank you. Okay, if you will just go ahead and say your name and spell your name for the record really quickly. My name is Charlie CHEO. L. Last name, Lee, LEE. Thank you. And do you swear or affirm that you will make an accurate, complete, and impartial interpretation from the English language into Korean, and vice versa, of all communication during the proceeding, using your best skill, judgment, and ability.

[72:08] I do? Thank you. And then, Mr. Kim, if you will now say your name and spell your name for the record. My name is Niq Kim, MINK YU, and last name KIM. Thank you. And will you give an address? Please. My my address. My address is 1, 3, 7, 8, Marywood Court, Lafayette, Colorado, 8, 0 0 2, 6. Thank you. And if you will raise your hand. do you swear or affirm that the testimony you're about to give in this matter before the beverage. Licensing authority is true. I see it. Thank you. And Miss Johnson, same thing. If you will say your name and spell your name for the record.

[73:01] Well. Johnson for liquor, pro CARO. LJOH. NSON. 1,200 Park Meadows drive apartments, 1714, Littleton, Colorado, 8, 0. 1, 2, 4. Thank you so much. And do you swear or affirm that the testimony you're about to give in the matter before the badge licensing. It's love beverage. Licensing authority is true. Yes, I do. And do you also swear or affirm that you or your employees have posted the premise for at least 10 days prior to today's hearing? And I'm not aware of whether they did it themselves or whether we did it. Okay. Mr. Kim. Yes. Do you swear or affirm that the premise has been posted for 10 days prior to today's hearing? The poster was posted. One moment, please. Can you speak all my countries? Sorry?

[74:03] Can you hear me? Do you swear or affirm that the poster was posted for 10 days prior to today's hearing? Test me that. Yes. yes. I'm sorry. Was that? Yes. Yes. Okay. Great. Thank you so much. Thank you. Roberto has unmuted. I have. I bla. a question that I have that we're gonna need to take a recess for is whether. when using an interpreter for these proceedings. Whether that interpreter needs to be a certified interpreter. I can tell you that, pursuant to Title Vi. Of the Civil Rights Act of 1964 language access to the courts does, in fact, require a certified interpreter. I do not know off the top of my head. However, if that applies

[75:07] to administrative boards in Colorado. I'd like to do a little bit of research, and then so if we can please get a quick recess. Allow me to do some research, and then I can come back on and and let you know if we can proceed, or if we re need to reset the matter. Okay. Also, before this is Charles with the Interpreter speaking, I have been certified court interpreters for Colorado Court, and also I've been a professional Korean language interpreter. Sir, are you currently certified as an interpreter? Yes, sir! Oh. Okay? Well, then, that answers that. Thank you so much. I apologize for the interruption. Please continue.

[76:01] Thank you. All right. So I think we've got everyone sworn in at this point since you're not represented by counsel. I'm gonna go ahead and read the proceedings of the hearing into the record. One. Sec. Here. Alright. This is a public hearing before the beverage licensing authority of the city of boulder to determine whether or not the application of Kmg. Incorporated doing business as Scrooge soul for a ho! A new 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. The purpose of this hearing is to receive information, data, and testimony by interested parties, in order to enable this authority to make the findings and to reach the conclusions required to be made by State law as to whether or not the license applied for shall issue.

[77:07] Interested parties are the applicant residents of the neighborhood under consideration, and the owners and managers of a business located in the neighborhood under consideration for purposes of determining who is an interested party. At this hearing. The neighborhood under consideration is the neighborhood previously defined by the authority. the authorities shall make a final determination of the affected neighborhood prior to determining whether the license shall be issued. Any interested party may speak to the question of neighborhood designation, as well as other information relevant to the granting or denial of the application. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name. spelling their last name, and stating their pertinent address.

[78:00] 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 Califano. No. Member, member, car, no. Member Haggerty, now. Remember Robert, no. Great. And is there anyone here in the attendees that wishes to speak to this agenda? Item, if you could raise your hand. not seeing any. All right, you may proceed in terms of what you plan to do. Yeah, I'm going to open a Korean and Japanese style bar in the under here. So just for food going to plant is Korean. Japanese street food example is Yakitori and Takuyaki.

[79:07] also kind of Okonomiyaki. some, you know, or lot. Lots of place. They only Americanized in the in the border area. So just I want to change to the little bit to the Asian Korean Japanese type. I also restaurant 10 year. Next next door. Name is a Scrooge monkey of the almost the 10 year. So so I know this market better, and I know what's going on in this town, and and also I know what happened to this location. So I can tell you guys, I do my best, and I never. I promise I'm never going to make any what previous needs did before.

[80:08] okay, thank you for that. Can you talk a little bit more about how you plan to serve alcohol safely? Yeah, so so like So for also, 1st thing I already took the tips. Certification listed 3. So of course, more than 21 year old person and check Id. This one and this one also. I got this. So all my include me, all my workers or my employees check 3 of these 3 of these together. and if we are more than 21 or not, if under 21, just automatically get up from this my space from my place.

[81:04] and also so I want, I know, like how to recognize this person strong. 1st thing is swaying and smell like our core smell like a liquor. And as the movement slow and red eyes, that's how that's how I can recognize drunk people. Okay, and order. So for either how to check id card or something more. Hey? Is there anything else you wanted to present to us. Anything else to present to you guys. yeah.

[82:00] are these inquire. yeah. So I'm going to check everybody or customers. I'm going to check me and my workers. We're going to id check. So if they have only allowed for it for Id, they have only license and military id card and passport and government id. and also I check with the Juan and everything I can do with it legally, and also like, if I am. Yeah, this is the college town. If I found a fake card or something, I I'm going to take it and put into the police office. So like the yeah. So I, and sorry my English is not perfect, but I know all kind of regulation, and I also have experience. Before I moved on medical I worked in liquor industry for one year. so I know how to do also next door restaurant 10 year. So

[83:01] you can trust me for this part. and if you ask me anything, then I won't. and I give an answer. and and I'm so sorry about my language. It's no problem. Okay, at this point. Is there any questions from the board? So one question for you, Mr. Lee. So you mentioned. You'll have I believe, 2 full time and 2 part time employees. you will have them all 4 tips trained. Would have. Yes, everybody, everybody who work in the school. They're going to get tips certificate. If they don't have, then they cannot work with me. Great. and seeing your hours of service, you'll be open. It looks like till 2 Am. So

[84:01] do you have any plans for dealing with late night crowds. College students, you know, those who may have already come from somewhere else and had a couple drinks may not be intoxicated, but just may have already had a couple drinks to the. To check. Yes, also, I already said, like the if their hook seems like drunk and attitude like a drunk like late. I just slow movement and smells very damn things. Then I then, if I considering, or my work, considering if they cannot walk even they didn't buy anything, they cannot walk back to the house by safety. I can, we can fear. Then I provide them, call Uber or Lyft to go to the home safety. This is what I can tell you.

[85:02] and also I saw some better situation before in my town. so I know how to do so. Don't worry about that. Okay. And it also seems, says in your application here, that you plan to hire door security during the weekends, or any particular periods of being overcrowded. So you've you've identified someone to help you with that process. Yeah. Yes, I'm planned everything about your guy. So just for regular regular night time, I'm planning to hire one store person and you can't minimum is 2 door die. and as you like to all of the bars in the in the on here already, do so

[86:05] I would hire. Yeah, I would hire. And what is his name? The bouncer? Yes, Bouncer. and of course they are going to check id card, too. Thank you very much. I did have one quick question. It looks like in your liquor license application on question in the questionnaire area. On question number 2 you put that you were going to be open from 11 Am. To 2 Pm. I think that might need to be. Am. Yeah, already, Mr. Some wrong typing from the border. I requested the 2 A. M. Until 11 Am. Until 2 Am. Not 2 Pm. Is common sense.

[87:04] Okay, I just wanted to get some clarification on that. Thank you for that. It is noted properly on the application form. Check. Alfano. Which page are you looking at. 2 twe. 2, 21. But you are correct. It's incorrect on the on the form. Yeah, I I saw 2 Am. And 2 pm, so I just wanted to get some clarification. Awesome. I have a Oh, go ahead! Oh, no! Go ahead. Did you say? You do have experience selling liquor before, or you do not. Yes, I'm from South Korea. So before I open the my business in the border in Little bit 1213 months, 12 months, yeah.

[88:01] 12 months I worked in the liquor supply restaurant in South Korea, in my hometown named Busan. It's named Ofera. It's standard earlier. Offer a house. They're they serve Korean and American food and liquor. So all very similar training and very same same rule. So I know how to do already. and also like last one. Didn't I never get license a license before? But I learned less than 10 year the insane block. So I exactly know how to do that. Why I want to open. Okay. thank you for the clarification. I have a follow up question for that. Have you? Run a restaurant? You've got restaurant experience within the Us. But have you want run a restaurant that served alcohol in the Us. No, sir, this is my 4th time. I wanted to serve our core in the United States.

[89:07] Okay, thank you for that. I think you did mention it, too, that you were aware of this location and you know you're right in the center of University Hill that is primarily college students, many of which are underage. I just wanna make sure that you're fully aware of. You know we're seeing a lot of fake ids being used right now. So doing due diligence and looking for those and yet not serving underaged individuals. Never and never, ever serve underrated people. or don't know about that. I don't want to take a risk for that kind of a solution on smart attitude. So everybody more than 21. And again

[90:01] everybody have to pass this one, and so on. Decent. Okay, I do. Just wanna make sure that you're aware that you're in a a very dense area that could be an issue with underage drinking. Yeah. 100%. I swear I'm going to. I'm not going to see a server under 21. Okay? And we do have a copy of your alcohol policy for your employees. Can you go into a little more detail about that. It's it's to be honest. It's kind of thin and lacking of some things that you could include in there. Are you familiar with the Group Rar.

[91:01] Responsible Association of Retailers. Yeah, actually, I don't know. Name is Ira Irc. The what is so did you say? REIR EI. RAR. Responsible association of Retailers. Alcohol policy chips on local policy relationship. Yeah.

[92:06] So also, like the right. Now, like the I don't remember English names rac. So I won't be honest, I won't say all. But immediately I go to find what is Lic, and I go to study as soon as possible. So sorry like the now on this month. No word. I know it's actually. Know. You see. It's actually RAR. Caitlin, are you able to get him that contact? Information of Mr. Dewey. Yes. Okay. I, I will send an email with that contact information in their website and stuff. Thank you very much much. I want to launch immediately. So they are a group of licensee established licensee holders and restaurants that gets together, I believe, every other month, and they discuss

[93:02] any issues with underage drinking, they're saying or fake ids. It's a really good group to be a member of. and they can help you really put together a more robust liquor license policy for your employees. Thank you very much. I want to take the meeting. Of course I have to do, because also, you said that area is large underage people and large college kids. So I take care of that, 100%. Thank you. Thank you. Are there any other questions? I have a question. I believe that you will go above and beyond to reduce the chances of selling to a minor. How are you going to train your staff to do so as well? I can tell you're very passionate about it, and you really care. But

[94:08] Staff get tired, and so how? How do you plan on training them. Of course I'm going to ask all my, all, my, all my workers. I already plan to have a minimum. More than 2 year experience with the liquor sale. This is my plan is, I know this area is hard to experience employee. but I know it'll be hard, but I'm planning to pay more higher. Honestly, like the I'm going to hire the person more than minimum is 23 to 24. I'm not going to hire like a college kids, or like even. you know, and a lot of the law is like the 18 year old taking silver liquor for me, not for me. I don't do that

[95:06] even 21, no more than 23 year old experience, and also, like the I'm going to give them the regulation rule how to check Id card and everything. And also my next door is the Fox Theater, the the bouncer manager, and he's in the site. and one of their major, like his name is Teddy. They're going to teach my new workers how to check Id card, and it's an emergency situation. Everything I know box here. They never, ever made trouble before lasted 30 years. They told me that this is what I can tell you. I'm really, seriously. I seriously care of a the situation. Thank you. Thank you. And just for the record, your English is great. It's the Wi-fi is not good, so you're freezing a lot. If it looks like we can't

[96:06] hear or understand. You. Great. Are there any other questions from the board? Not seeing any. Mr. Kim, is there anything else you wanted to present. I'll do my best. And again to you and check Id card to everybody. This is what I can tell you. Thank you very much for today, your time. Thank you. So. Oh, go ahead, Mr. Haggerty. did you have anything?

[97:01] Don't think so, Roberto, I do have a quick question. We do have it in our packet that was submitted to us with the petitioning information. Are we? Is that enough? Are we okay? Do we need to hear from Miss Johnson or. Yeah, thank you. If if the bla is satisfied that you have received enough. both the the written documentation and your questions are answered. And so it depends. Because you you haven't deliberated. But you can certainly take a straw point right a straw poll right now to determine if you all believe you have the necessary information to to vote in the affirmative. If you don't, that means that you believe that there's still something lacking, and then you might want to hear additional information.

[98:06] What does the Board think. So I am concerned with the alcohol policies form and the written documentation that we were provided today. I believe it's it's a great start, but it's also just a little bit light, especially for the location. and I would like to see something a little bit more built out. I'm I'm just concerned again about that location and the area having such high propensity of underage folks that are in that area. I would agree with you on that but that may be something we want to discuss when we close for deliberation. I think right now what we just want to take a quick poll from, do we think? Do you think we have enough information for the petitioning packet in our packet?

[99:02] Or does the Board want to hear from Miss Johnson? This is Member Haggerty. I think we could probably proceed without Miss Johnson. I I would agree. That, too, I think. Unpack it. Ms. Johnson, who got off the hook. Well, Eva is also online listening because she's going to do the next hearing, because I have to get to a live hearing in Adams County, so if something would come up, there was no opposition to it. A lot of people are familiar with his other restaurant that he had on the hill did not have alcohol, but still, as a person we did. we never go to the apartments or sorority houses, fraternity houses. We try to get as as many of the adults as we could, but they're almost clear up the baseline. But we did have no opposition from

[100:03] any of the older older people on the hill as well. They were all in support. There was no no one that seemed to be in opposition to this. Thank you for that. Then. Okay, and I'm gonna sign off. And I can say Eva is listening as well because we weren't sure of the timeframe here. So appreciate you taking the time, and we'll see you again sometime. Thank you. Thank you so much. Alright. Mr. Kim. If there's nothing else that you wanted to present. we will close for deliberations. Is there anything else? Just last chance. Yeah, our last chance selector. of course, you know, and everybody know what was happening again, for previous business name is Tapo junkie. And also, I know that restaurant almost 10 year 2. They opened 2,015 same year as I opened Scrooge Market Restaurant next door.

[101:04] So I watched everything kind of so for everybody in the college town never, ever that happened in my location. and never. You're never hearing any bad things and any violent things that area. Thank you very much. Great. Thank you so much. At this point we will close for deliberation. Is there a motion? Personally a member? Califano. is? I would make a motion to continue this to November with a more robust alcohol policy. Given that location. it is very concerning to me. And I just wanna make sure it's being understood what

[102:01] they're getting into. Could you give some examples of what you'd like to see with that? Or Roberta. I, just so that the record is clear and is kind of going to what member Roberts may be talking about. But is the concern when you say the location. Do you mean the physical location because of who might be frequenting the location? Or do you mean the location because of the history of which restaurant bar was there. And and just so that the record is really clear, I want to ensure that this applicant is not being overly scrutinized, based on the behavior of past licensees. So if you mean the location, because there's a bunch of kids and a bunch of underage drinking totally fine, but I just wanted the the record to be completely clear.

[103:00] Yes, my was based on location with demographic within the area. Not any past history. As this is a new license, a new applicant as well. Part of that is The lack of alcohol service within the Us. Just because of I'm not sure if what the age limit is over the where he had previously mentioned. For serving alcohol. But yeah, there. There was a concern just in the lack of experience in that area. But yeah, it's purely based on the demographic of the physical location. I believe. He said, that the policies were the same where he was serving in. Yeah. Okay, thank you for that. But yeah, in terms of the alcohol policy. It, you know.

[104:01] want to see how to handle. If you have an over intoxicated patron that comes in, or potentially, God forbid, becomes over intoxicated in your establishment what you would do. Examples. I really think that Mr. Dewey would be able to help him come up with a more robust full of example. Multi page policy. That just is all encompassing. this one was pretty short, and I think that it it needs to include some more. Yeah, that kind of hits on where I was going with my question about how he plans on training because there wasn't much for anyone to soak in. But I think your examples of handling situations is a really great place to be more knowledgeable on. And I yeah, I would. Oh, did you make it well.

[105:01] I did make that motion. I will, and the motion was to talk again in November to. Continue. Yeah, to continue until November. Yeah, I would second that motion to it's so, it's not a denial. It's just a continuance until November. Yeah, because I do think that he is a a great person to have a liquor license. I like all the historical knowledge in the neighborhood. I think that that's really great. But yeah, something more robust, with more definitions, more experiences of how to do something, so that the knowledge transfer is not just stuck with him, but also with his employees. Alright! So we have a 1st and a second. all in favor. Say, aye, member, Califano. Aye. Member car. I. Member Haggerty. I.

[106:02] Amber Roberts. Aye. Alright. So, Mr. Kim. What we've decided is that You will come before us in November, and we will we. We are requesting that you have a more robust and larger, more detailed, more specific alcohol policy, and the contacts that Caitlin will share with you. They can really help you to build that out. Thank you very much. And, Mister Kim, that email has already been sent, so it will be in your inbox. If you have any questions for me, feel free, to just respond to that. Yeah, okay, thank you very much. Did the Board have anything else for this matter?

[107:02] I don't believe so. No, okay. And then Mister Kim again feel free to reach out. I will send you some more information for the November hearing as well, okay. I'm just kidding. Too much! Oh, my God! Okay, I'm just making sure everyone is where they belong. Next, we have agenda, item, 10, public hearing and consideration of an application filed on August 15, th 2024 from 1, 4, 6, 8, Pearl Street, Llc. Dba. Postino, Wine Cafe, 1 4, 6, 8, Pearl Street, Number 110, Boulder, Colorado, 8 0 3, 0 2 upward project holding Llc. Sole member of Postino, holding Llc. 100%. Owner of 1 4, 6, 8 Pearl Street, Llc. Lauren Bailey, registered manager with a business mailing address of 1, 4, 6, 8, Pearl Street, number 1, 10, Boulder, Colorado, 8 0, 3 0. 2 for a change of class, from a beer and wine to a hotel restaurant type, liquor license. If you're here to speak on this matter, please go ahead and raise your hand.

[108:11] and I will prompt you. Okay, I think. Mr. Stonebreaker, just coming in here hopefully calm. And if you're here, just speak on the matter if you'll go ahead and turn your cameras on, if possible.

[109:07] And, Mr. Stonebreaker, are you the representing attorney for this Licensee? I am. I'm wondering if I can be heard. Yes. Oh, okay, thank you. Of course. Perfect. If you'll just record your appearance, and then just let me know who will be giving testimony today, so I can spare limit. Certainly. My witness today is Ms. Molly Jacobs testifies on behalf of the applicant. I'm wondering if she is on. Yes. Okay, thank you. And we also have a witness from liquor pros. And I'm wondering if she's on. Yes, Miss Garrison is here as well. Okay, thank you. for the record. My name is John Stonebreaker. I appear on behalf of the applicant today.

[110:00] My registration number is 9, 5, 1, 7. If Ms. Jacobs and a person from liquor pros is on, we are ready to go forward. No problem Miss Jacobs, I'll start with you if you'll just say your name and spell your name for the record and give an address. You get a survey. Yes. Okay. My name's Molly Jacobs, MOLL. IEJA. COBS. And I live at 1699, north down Street, Denver, Colorado, 8, 0 2, 1, 8. Thank you so much. And Miss Garrison same thing same. and give me address. Thank you, Caitlin. Good afternoon, everyone for the record. My name is Eva Garrison, GARR. ETSO, n. 1 of the owners of liquor, licensing professionals, and we conducted the needs and desire survey for the applicant and for the record Caitlin. We did not post. The applicant did so. You're welcome.

[111:02] If you'll both raise your right hand. do you swear or affirm that the statements you're about to give in the matter before the beverage. Licensing authority is true. Okay. thank you. And then, Molly, do you swear or affirm that the premise has been posted for at least 10 days prior to today's hearing? To do. Thank you so much. All right, and, Mr. Stoneberger, since you're representing his counsel, I'd ask if you'd be willing to waive the reading of the procedures into the record. We will be willing to waive. Thank you so much. Great, and is there any ex parte communication or conflict of interest from any of the Board members? Member Califano? No. Member, card out. Member Haggerty, no. Ember Robert, to know. Right. And is there anyone in the attendees that wishes to speak to this agenda? Item, if you could please raise your hand. not seeing anyone.

[112:00] All right, Mr. Stonebreaker, you may proceed. Thank you. If I may, I'd like to call Ms. Eva Garretson and note that she's been sworn in. Please, do. Ms. Gerritsen, will you state your name and occupation for the record? Please. Yes, sir, for the record. My name is Eva Garrison. I am one of the owners of liquor licensing professionals. We are a survey company conducting needs and desire survey for both liquor and marijuana, for the State of Colorado. And if you would simply go ahead and describe what you do, how you do it, and the results that you found relative to this particular petition, circulation, effort. Please. Yes, sir. So prior to the start of the here of the of the survey, our surveyors are briefed on the type of liquor license that is being applied for. In this case we did review with the surveyor that this is an actual change of class to a hotel and restaurant type, liquor license, so that they did understand that this now embodies. They are looking for a full

[113:19] liquor license which includes not just beer and wine, but also spirits. So that was the 1st measure we did. With that we were provided with packets by the city clerk's office. Both the business and residential, as well as the map. We went out on the dates of October 1st and October second. We do ask those folks that are doing the surveys to remain unbiased in their approach to anyone who is there. We also are aware that we are in that Pearl Street area. We once again checked with all of the other hotel and restaurant liquor licenses in the area, letting them know of this

[114:04] change. A class to also go to a hotel restaurant, liquor license and then obtain samples in and around the the site, but stayed within the boundaries from qualified signers, it being either a business owner, manager, or resident inside the area we surveyed, made attempted contacts with 387 business owners, managers, and residents in the area, and obtained a total of 125 signatures, 60 were from business owners and managers, 58, signing in favor at 97%, 2 opposed at 3%. We then obtained a total of 65 residential signatures, 64, signing in favor at 98% to one opposed at 2%. Once again, we do ask those folks to write in why they are in favor or opposed to this license. Primarily right now, the focus is on the opposition. So if you go to page 2. The reasons for opposition signatures to decline to provide us a reason. One did state that they had an issue with noise in the area, not wanting to clarify with us specifically if it was postinos, that was the noise or just noise in general. So unfortunately, right now we we

[115:20] on our second page, we did not qualify it because it was speculative. And so, if we combine these totals, we had 124 signatures total with 122 signing in favor at 98% and 2 opposed at 2%. However, if the licensing authority does choose to not take that in. It doesn't change the percentages at all. Not by a whole lot. It's still 98% in approval and 2% opposed. Given the fact that there are several other licenses of similar type in this area. I believe the 98% still shows a positive need and desire for this License, and that the existing outlets have not yet met that need.

[116:06] Ms. Gerritsen, let me ask you. are these documents generated and circulated as a standard business practice by your organization? Okay? And who's the custodian of these documents until they're turned into the city. Myself, I am I am custodian of that, and then what we do is we save all documentation for a period of 3 years, and we do have a storage facility that is fireproof, weatherproof element proof. And so we do keep those in in a safe storage facility as well. And these documents were pre-filed with the city as required by the city. Okay, thank you. Mr. Chairman, I'm gonna move for the admission into evidence

[117:00] of the original report, the original petitions that were handed to the city, and I'll tender Ms. Garrison for any examination by any member of the authority. Perhaps the city attorney. Yes, we do have the petition materials in our packets, our hearing packets for this month. Is there any questions for Miss Garrison from the board. not seeing any. All right. Well, thank you, Miss Garrison. Thank you. Thank you. Chair, Califano, for letting Miss Carol go. We were spread a little thin with bearings this after this evening. So thank you for that. I do appreciate that no worries. Mr. Chairman, I'd like to ask if the documents are admitted into evidence. Yes, they are a part of our hearing packet which we have reviewed. Good. Thank you.

[118:01] I'm gonna also ask that Ms. Gerritsen be completely excused from the presence of the authority at this time. Yes, that's fine. Alright. Thank you. Thank you, Mr. Stonebreaker. if I may, I'd like to call Ms. Molly Jacobs. I will note for the record that she's been previously sworn in. Please, do. Okay, thank you. Ms, Jacobs, are you on. I am. Yes. Okay, thank you. And ma'am, would you be kind enough to state your name, spell your last name for the record? Please. Yeah. My name's Molly Jacobs. Last name JACO. BS. Okay. And how are you? Connected with this particular license application. Yes, I'm the area director for the State of Colorado. Okay, or upper. Projects. And how long have you been the area director?

[119:01] About 2 months now, but I've been with the company as a GM. For over 4 years. Okay. And where were you at? GM. It was the GM. Of Postino, low, high out in Denver. Okay, thank you. And has any restaurant that was under your supervision, or of which you were the GM. Ever had a licensing violation. Nope. Okay, thank you. The company had some violations. We're at about 8 years ago in the city and county of Denver. Are you aware of any violations since then. No, not since then, not since I've worked with the company. Alright, thank you. Your company has other restaurants in the State of Colorado.

[120:03] Yes, we have 5. We have 3 in Denver, and then one in Boulder and one in Williams Branch. Okay. Thank you. And directing your attention to the boulder location. does that location have a lease. It does. Yep. And the lease has been filed with the city. I believe so. Yes. Alright if you could briefly describe for the record what a postino restaurant in the city of Boulder looks like the concept, and how it functions. Yeah, absolutely. So we're a full restaurant. We do about 60% of sales just in food. The rest is in beer and wine we're right on the corner of Pearl Street. We're more family. kind of like a family fun place we allow kids in here. It's more of a dining experience. Hospitality. But we're a full service restaurant.

[121:02] Thank you. Oh. what I would like to know is, are there any requests for spirits as opposed to beer and wine at the location in Boulder. Yes, we get a lot of requests. We also have a lot of guests that come in, and they ask for liquor, and then when we have to say, when we say No, they're like, Okay, no problem. We'll go somewhere else. So we do get quite a bit of those people that come in here. Unfortunately, we lose business out of it. So that's why we are asking for a liquor license for a full one. And is this a statewide initiative? It is so. Boulder is actually the last restaurant in our group in in Colorado to apply to get this license. All the other ones have already passed and we will be rolling out liquor for our other 2 restaurants in the 21.st Thank you. Anybody in the neighborhood that is aware of

[122:02] the request that you're making of the city to change the class of license. express anything negative to you. Not to me. Personally, I haven't had any negative comments about it in store that I've overheard. so the answer would be, no. Alright. Thank you. What are your hours of operation at the Boulder location? We are open from 11 Am. To 11 pm. On weekdays and then on weekends. So well, I say, I would say Friday, Saturday. We're open from 11 to 12 Am. And then Sunday, 10 to 10 pm. So full full 12 h, most days. Thank you, sir. And there's a patio at your location on Pearl Street. Yep. We have a patio. And describe the supervision and the steps that your company takes to make sure that the

[123:03] alcohol that served on the patio stays on the patio. So we have 2 signs at our gates that say no alcohol beyond this point. Our servers are trained to not leave any corks on tables, so that when guests want to leave with their bottle we have to re cork it for them and put it in a brown bag with a liquor seal on it. We also have a very good trained eye. So if anybody tries to escape us, we you know that that typically never happens. But if it does, we just let the guests know. Hey, let me let me cork that for you, so you can take it. But we're our team is very aware of the alcohol standards in our building. Would you describe, please, the training that we put our employees through? At this particular location in boulder

[124:00] describe the training programs and how they function. Please. Yeah, absolutely. So all of our team members are required to have tip certification for boulder and then we also do have a training module. So when they do their onboarding training, it's their 1st 7 days. They'll actually take this module going through how to identify an Id. What that looks like proper steps when to get a manager involved. Part of our training is also letting a manager know anytime. Somebody has had 4 or more drinks things of that nature, just to make sure that we're serving or being safe. No one's driving home or walking because we want to make sure that our guests leave. You're safe right? So that's the steps that we take. So to summarize you have both inside or in house training as well as outside tip certification that is provided by an outside vendor.

[125:01] Yes. Correct. And the tip certification has an expiration on it. How do you work with your employees if they're coming up on their expiration dates. So all of their tip certifications gets sent into our paylocity program and it and it alerts us when things are becoming expired. We also track it with an excel sheet. So we check that once a month. To make sure that everybody is in within that expiration or not expiring. but we keep very close tabs on that tips. So part of your procedures and training is the in-house monitoring to make sure that everyone's training and certification is current. Correct? Yep. thank you. Does your company have a policy relative to vertical ids? We don't have a policy per se for the whole company. But here at the store we do not accept vertical ids. We are in Boulder it is.

[126:10] you know, a college town. There's a lot of fake ids out there, so just to be safe than sorry we don't accept them here. Because we are in this type of environment. what percentage of sales do you anticipate will be in food as opposed to alcoholic beverage? In the event the city sees fit to grant this change in license, application. So currently, we see about 60% of food and sales between 60 and 65% of sales and food food and sales, I should say. And that's pretty standard each period each month for us. We yeah. We dish out a lot of food awesome. Okay.

[127:00] thank you very much. you do have off premises sales under your takeout and delivery. Permit. Yes, that's correct. Alright. And how do though how do those types of sales work. Yeah. So it's just it's just wine to go. We only are allowed to sell 2 bottles of wine per transaction per individual under the State law. So we that's the only to go alcohol. We do. We don't do alcohol. We don't do beer to go, or any things like that. And you follow through on your procedures, and especially id requirements for the off premises. Sales the same way that you would up for an on-premises sale. Yes, correct. So if they ever call in an order, and they want to get a a bottle of wine to go, let's say we put all of our to go to go bags and wine behind the bar, and when they come and pick up they have. They're required to show their id. So it's a very systematic way. We're not letting anybody walk out of here. They have not been id.

[128:16] Thank you. And in the event that this particular license application was granted by the city. You understand your obligation to serve meals at all times and in all places that you serve alcoholic beverage. Absolutely. Alright. And is that actually the way that you conduct business today? Yep. okay, thank you. Ma'am. I wanna ask you if it's your personal desire that this application be granted by the city of Boulder. Yes, absolutely. I would love to see this business succeed in that way. Okay? And again.

[129:00] really, the reason your company is doing this is to respond to consumer requests for spiritus liquors. Yes, absolutely. Alright. Thank you. Mr. Chairman, I don't have any further questions of this witness, and I'm gonna see if there's any member of the authority or the city attorney has any questions for this witness. Are there any questions from the board for Ms. Jacobs. not seeing any. yeah. Is there anything else you'd like to present? Mr. Stonebreaker. Sir, there is not. The applicant will rest at this time. We would citing the evidence from liquor pros. That is, in my view, conclusive on need and the testimony of the witness, we would like to respectfully request that the application for changing class of license be granted by the city.

[130:08] Alright! Thank you for that. At this point we will close for deliberation. Their emotion. And Praka will make a motion to a approve. The change. Member, Roberts will second the motion to approve the change. All in favor. Say, aye, member Califano. Aye. Member car. I. Ember Haggerty, I. Timber. Roberts. Aye. Alright changing class of license has been approved. Mr. Chairman, members of the authority we want to appreciate and say, Thank you for your time and attention this afternoon. Thank you. Few. I'm just gonna

[131:05] change some roles here. Okay? All right. Next, we have agenda. Item, 11 matters from deputy city attorney. Good evening, everyone, nothing from me. I hope you're having a good night. Thank you. Roberto. Next we have agenda. Item, 12 monitors from licensing clerk. We have one boundary setting. It is for Shreddy's Tacos Boulder, Llc. Dba. Shreddy's Tacos at 2 6, 9 0, baseline road boulder, Colorado, 8 0. 3 0. 5 for a new hotel restaurant type, liquor license. I will share my screen. show you the map here. I don't have any suggested boundaries for you, for this one the closest location was set in the nineties. and I don't know if we could really find what those were in the nineties. And then the next closest location was that in 2020, when we were doing covid procedures for boundary setting. So it was just the mile radius.

[132:08] So there's no suggested boundaries. So. Could you zoom out. Yes. I think you know what would make sense to me. Just kind of looking at this would be what? Maybe like Colorado to the north.

[133:01] dealing us to the west. you know, foothills to the east, and then I don't know. What do you all think about the South? What did you say to the West? I'm sorry. City limits. Do we want to go as far as Table Mesa on the south? There's really not much. Yeah. Residential in that area left of or West. Excuse me, of 93 south of Baseline. It's no. Table mice makes sense to me for the South. Yeah. Alright member, Califano! Was that a motion. It was a about yes, member call make make motion for Colorado, to the north, St. Louis to the west, foothills to the east, and table mesa to the south. Member, Califano would second all in favor, say, aye, Member Califano, aye. Member car. I. Member Haggery Eye. Member Roberts. Aye.

[134:03] Thank you so much. And I just wanna confirm that is Colorado. On the north table, mesa on the south. foothills on the east and city limits on the west. Correct. Okay, perfect. We have no transfers. To report for October. I do know we will have a couple in November for you, for that one there was no breweries, wineries, or distillery requests. there you have your special event. Permit list in there, and your liquor renewals list and there is no further matters from the licensing clerk this month. I will move on to agenda. Item 13, which is matters from chair and members of the authority. There was 2 items scheduled for this. The second one was Member Absalom and Car have a presentation. Member. Carr has requested that we postpone that presentation until next hearing, so that Member Absalom can participate in that. I wasn't sure. If you wanted to also postpone the It scanner discussion, or if you wanted to have that now.

[135:13] I. So I did speak with Member Absalom, and I did tell him that I was going to make that same recommendation as member car. Just because he does have such experience in the industry. I think he's kind of a vital element in both discussions. I know we keep pushing this off. But I I would want. I would request that he be present for those discussions. I don't know how the rest of the board feels. I agree with Chair Califano, member Absalon is very important to this discussion. Not that you're not member car for the presentation. We would postpone it if you were absent too. That's absolutely fair. We've both had good conversations, and we we've been he. He's voice needs to be heard in this, especially in the matter of

[136:06] the public comment. Alright. So if we could move those to November, that would be great. No problem at all. I will have them on the November hearing in the same spot as this one. I'm so sorry I did have one matter to bring up, and that is that the December hearing so just so that you can plan for around your holidays. The November hearing is November 20, th which is the week before Thanksgiving. If you had conflicts, and then the December hearing is December 18, th which is exactly one week before Christmas. If anyone has any conflicts or wanted to discuss a change in those dates, or anything like that. we will likely have another change of class application to be heard in December. It will be on factor setting next month. So

[137:06] if no discussion is necessary, that's totally fine as well. Just letting you know. Sorry having issues getting back to the zoom screen. is there any issues with any of the board members that we can check with Member Absalom for December next month. I think. Not to work for me. All right. I think we're good. Great. and that's it for me. All right. Is there a motion to adjourn. I'll make a motion to adjourn. Something that motion. All right, all in favor. Say, aye, Member California. Aye. Member, all right. Never haggardy. I. Mira Roberts. Aye.

[138:02] We are adjourned at 5, 21 pm. Basically. You guys. bye.