December 18, 2024 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] Begin. Vice chair. Sorry you're muted. Of course, classic. So I'll call to order the meeting of the beverage licensing authority on Wednesday, December 18, th at 3 0. 3 Pm. Thank you so much. I will start with some roll call. I'm sorry. I'll start with instructions for virtual hearing. First, st I'm just gonna share my screen. Okay, 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.

[1:11] No participant shall make threats, or use other forms of intimidation against any person, obscenity, racial epithets, and other speech and behavior that disrupts or otherwise impedes the ability to conduct the meeting are prohibited, participants are required to sign up to speak, using the name they are commonly known by, and individuals must display their whole name before being allowed to speak online. Currently, only audio testimony is permitted online, the chat function or Q, and A in this case should only be used for technical questions to staff, and it should not be used for public comment. Alright, and I will go ahead and do roll, call feel to speak your presence aloud vice chair, Michael Carr. Vice chair, car, present. Thank you. Member Absalom. Number, absolute and present.

[2:00] Thank you. Member Haggerty. Member Haggerty, Present. Thank you and Member Robertson, chair, Califano, are absent for this hearing. Next we will move to approval of beverage licensing authority. Minutes from November 20, th 2024. Did anyone have any feedback questions? Do you have a chance to review them? Okay, Member Member Carl, make a motion to approve the minutes from November 20.th Member Absom would second that motion. All in favor. Member cart. Aye. Member Absalom. I. Member Haggerty. I. Thank you so much. Next we have hearing agenda issues from licensing clerk. There's no hearing agenda issues at this time. so I will move on to agenda. Item 2, which is matters from Boulder, police department and Officer Lee Ruck is on.

[3:01] Hi, everybody! Officer Leah Rec. Boulder, Pd, just give a couple of updates to date. 1,700 fake ids have been turned in so far of the ones that we've processed. About 721 of them are Cu students. 111 of them were Ids that belong to someone else that were real ids that someone gave to someone else to use. And then of that 1,700 so far that we've processed 254 of them are non cu students. I continue to write the second and 3rd and 4th violations for the fake ids but also it's continuing to be a big deal and constant investigation of underagers getting into the establishments with some fraud, with their fraudulent ids. So hopefully, we'll have some more information on that for January's hearing.

[4:04] I'm also in the process of working with our it as well as our dispatch supervisor to collect the data of last drink data. I got information on how we used to collect it. But we don't collect it that way anymore. Which was kind of by pen and paper from Duis. But just for an example, I read through all the watch logs for the last week, and we had about 14 calls that were dealing with alcohol in some way or another, whether it be a Dui, a Dv. We had a sex assault, a second degree assault. We had an individual at one of our liver license establishments assaulted because he refused to sell to an intoxicated party. So a lot of a lot of different calls, not just duis. So I will try to. We're working with how we can. Obtain all that information and present it to you guys so you can see how we're getting those calls that are related to alcohol.

[5:07] And let's see here, what else do I have? Also, we're creating a new group with the alcohol enforcement officers from Fort Collins, Loveland, Longmont, the State. We're all getting together to create a group of liquor Enforcement officers so that we can kind of work with each other and help each other out and support each other. However, we can, when we have liquor, license issues and concerns and things that are going well and things that aren't going well. So I'm pretty excited to have all those doors opened and creating those relationships with our sister cities here in Colorado and other than that. I think that's pretty much everything I have for you, any questions for me. Thanks for the update. And this I got this on the subway in New York. By the way, it's gang initiation.

[6:05] No, I'm just joking. I tripped. Said anything fun? So. I was. Gonna say, I hope the other, I bet the other guy looks a lot worse. Oh, yeah. Oh, yeah. Oh, yeah, anyhow. Yep, I appreciate it. Thank you. Nicely update, yeah. Thanks. Absurrec. Okay, I will go ahead and move on to agenda. Item 3. Which is matters from the responsible association of retailers. Mandy Boltz is here to appear for this matter with some updates from Rir for you all, and she's entering right now. And, Mandy, you should be able to undo your camera and unmute, and all that good stuff. There we go. Sorry about that, guys. I've got a goofy situation right now. That's why I'm outside. My name is Mandy. Nathan Dewey is no longer with partners, and ra so in the interim I am kind of your go to person. Right now. All I can really report is that

[7:12] though I am certified as a tips trainer and a serve safe trainer, the State led is not recognizing that my application has not been approved. That being said, it makes it very difficult to get people actually officially trained in boulder I have the capacity to do the trainings, but without the State saying that I'm allowed to, I can't get tips or serve safe to issue the certifications for these establishments. So until the State led figures that out. I am a little bit unsure of where to go with that, and wanted to bring it to your attention, because obviously, that's going to affect some of some of the businesses you work with.

[8:00] That's that's the main thing that I've got, just because I'm your interim person. And I'm not entirely sure how these meetings run yet, so thank you for letting me join. I'm happy to answer questions if you have them. Yeah, this is Member Absalom. Hi, Mandy, just trying to confirm that. So Nathan Dewey is no longer involved with rar in any capacity. Correct. Does the membership of Rar currently with the boulder licensees? Are? Are they aware of this? Yeah, I believe that Heather Veskar, the partner's executive director, informed everybody. And you said, your role is just in an interim capacity, meaning that you are in search for a new director or new, whatever what was his actual role? His. His title was Ra. Director. So you're still in search of a director, and at this moment you are the person. So any licensee in the city of Boulder who's working with Rrir can contact you.

[9:05] Correct. Okay, I was just wondering about how that transition is gonna work. Will you please keep us updated on terms of you know what the next steps are for director and I just would ask that you make sure that every single licensee in town that we are recommending here as licensing authority to go see you has someone to contact. That Mr. Dewey is out. that's all I have. Thank you, Mandy. In addition to that, can I just say or ask Nathan would often write a letter for the bla that said, these people are in compliance we did do the training with them. Would that be acceptable for me to do? Given the fact that I can't actually submit these train. You know what I mean like I can't submit the test. They won't grade them until I'm certified by the State. I don't. So how do we get around? Or how do I rectify that? Until I'm you know, officially certified with the State? So that they are.

[10:00] you know, they're doing what they can type of a thing. And I would defer to vice chair car on this one and a little bit. We've talked a lot about how the training has been changing a bit. So I would also defer to Kristen with the city of Boulder around that. But I'll I'll let Member Car see what say what you say about that. Yeah, I was gonna ask Kristen or someone else to chime in on this. I'm not sure how what we're allowed to do except in this situation. Sure. So Kristen Changaris, licensing manager. We talked about this a little bit at the last meeting, but the bla rules of procedure do require that In order for the training to be accepted by the city, it needs to be a training class that's approved by the State led. And so, Mandy, the question that we would have for you is, is your class approved by the State led?

[11:04] And if it is, then it would be accepted under the bla rules of procedure. If it's not, then it's not currently something that we can accept. And so the Board would need to talk about whether they want to potentially amend the rules of procedure to allow a training class that's not approved by the State. Okay? Well, then, I guess for your information. I am not approved by the State, so that wouldn't fly for boulder So if if amendments need to be made. I you know I'm happy to meet with people in person or on another meeting somehow to discuss this further. But right now, I'm just kind of in a limbo waiting for the State to approve me. So that's kind of just. I just wanted to give the information, and I guess we can sit on it and maybe set up a meeting with one or 2 of the folks here. To see how we can proceed.

[12:06] My goal is just to make sure that everybody is as compliant as possible, and unfortunately, right now neither Nathan nor I were certified with the State, so he wasn't necessarily doing it appropriately. Anyways. So this is Member absolute speaking here, before we amend any rules of the bla, I think we need the rest of the authority to be present. That being said in the interim, I think, in terms of us accepting training, I think it would have to be case by case, but I have no idea how that that would change the rules, because for right now it sounds like there is some ambiguity around how it was being done, anyway. so I don't know. I would make it just around us here, the 3 authority members here, maybe a motion to wait. So we have all the members present to discuss how we accept training. And then we can just look at training right now on a case to case basis as we go through

[13:00] agenda, and that's just kind of a something I'm saying to Member Haggerty and Vice Chair Carr here. Around that. I mean, I it's kind of we. I think we need the rest of the authority here to discuss how we're gonna potentially look at changing of rules and accepting certain trainings. And that's. Yeah. Dylan. And I said. And then the goal. Sorry. No say. In the meantime, we they may have to get some other training. If if we're gonna you know anything like I don't think. That that's what I've been recommending that they do in the meantime, so far. But I just wanted you all to know that as well. So. Burnt. Thank you. We should have that as a discussion item for our next our next meeting in January. That, hey, Christiana! See your hand raised. Yeah. Hi, can you guys hear me? Okay. Yes. Great just as far as the going on a case by case basis. Sort of thing. That's

[14:03] generally speaking, okay. But you're still for each case that you you know, look at you're still gonna have to determine whether it is approved by the State led and whether it's not so. I mean, it's still kind of a blanket rule, even if you are looking at them on a case by case basis. So I just wanted to flag that for you. If you want to look at a on a case by case basis. That's totally fine. I'll just make sure or I. I just want to make sure that you all also keep that in the back of your minds. That we still have that rule, and we'll still need to comply with that rule as you do that. Thank you for clarifying that. Well, thank you, everybody, and feel free to reach out with further questions and comments. Or if you'd like to meet. Thanks, manny.

[15:00] I have a quick question for the board. Did you want to keep like just the agenda? Item that matters from responsible association of retailers and discuss training next month. If Mandy has some sort of update on where training is at, or did you want to add an agenda item to talk about revision of boulder advice code as it pertains to training. I I believe we should absolutely get an update from the Rir. And where they are, and if something's changed, then we you know the conversation about changing our rules. Procedure would be moot, but maybe we should just put one in there at at the end for us to have a discussion in case things haven't changed, and there's no, you know, resolution site. No problem. Thank you. Okay, perfect. Thank you for that clarification. Alright. If it's okay, I'll move on to agenda. Item 4, which is general public comment for future beverage, licensing authority hearings. If anyone is present at this hearing to give public comment on something that is not included on the agenda, please go ahead and raise your hand so I can allow you to speak

[16:13] once again. That's anything that's not included on the agenda. Go ahead and raise your hand. Great. I'm not seeing any hands raised. so I will move on to agenda. Item 5, which is the Waffle lab boulder, Llc. Gba. Lab bar and bites. 1, 1, 5, 5, 13th Street, boulder, Colorado, 8, 0 3, 0 2 monthly status. Report to the bla. If you're here to speak on this matter, please go ahead and raise your hand, and I'll let you in. and I see Ashley is here. and while Ashley is being entered into the panelists room. I'll let you know that this business is in good standing with occupation and sales tax this time. That's just Hi! Everyone! Can you hear me?

[17:01] Yes, Hi, Ashley, how are you? Hey, guys? I'm doing well, hopefully, everyone else is, too, and gearing up for a great holiday season. things have been pretty business, as usual last month. We've confiscated and turned in 23 ids. Many of them because of the scanner. But there have been a good chunk. I don't actually have broken out information, but a good chunk from charging that cover charge that we talked about couple of months ago. There are definitely people that are using, you know. their cousin sister friends. Whoever's id not in their name. We asked for the credit card it doesn't match, and that has been a flag for us. So both of those tools have been, we feel helping quite a bit in kind of flagging and finding those fraudulent ids other than that we are winding down, obviously for this semester so we will be closed for a couple of weeks.

[18:09] most people are out of town. Everyone likes to take a little break. So yeah, things are pretty quiet right now for us. Great. So it sounds like the addition of the scanner has been beneficial for the business overall. Yeah, for sure. Yeah, we've been using the scanner now for well, for months. I mean, it has been one of our tools. The cover charge. We just started 3 months ago. So that has kind of helped flag ones that would scan fine. But the name mismatch is obviously a big red flag. So, yeah, but the scanner has been helping for sure. Great, thank you. So much for the updates and for providing these updates and all the work you're doing over there. Any other questions or comments for other members of the authority. This has been yes, actually, thanks for coming in. I just wanted to ask you. You said you're shutting down for a couple of weeks. What are like? What are the what's going on with that? How? What's the dates on that.

[19:08] We just close during the break, just because most of our. Break. Yeah, yeah, it's just for the break. Yeah, it's just that while we do still have some employees in town, we don't feel like we have enough to actually run it. Well, for lack of a better term, you know. At our busiest times we have many employees on it. We just don't have enough to sustain that and and create you know, a safe environment and be able to to keep up with everything. So we just choose to close until the everyone's back up and running, and we have a full staff and kind of ready to go again. Yeah, I was just hoping that you could at least submit those exact dates. So we know that there is no service of alcohol happening during that time. If you are officially closed, just something. I would. If you are going to be closed and we are not gonna get reports on that time. I I just personally would like to know exactly the dates that you are going to be closed. Just so. We know exactly when the doors are reopening, because you are submitting monthly updates to the licensing authority. So knowing, I mean, I could look up the dates obviously, and when.

[20:21] Yeah, yeah. But just knowing when you're open and when you're closed, I think that's something to me, just knowing that. you know there is no alcohol sale happening during that period, that you are, in fact, closed. Yeah, this is our last monthly, but we are closed. I can look it up right now. Yes, Friday is the 1st day that will be closed. and then we intend to reopen around. January 4.th We're still getting some details back from, you know, Staff, and everything like that. But that's our intention.

[21:05] And then you can just update us in January in terms of when you reopen. I know that does change with staffing and stuff like that. But thank you for that information. Okay, do I need like it to send an email? This is our last monthly check in. So don't you? Oh, we don't have another monthly check in next month. Oh, okay. I don't know what are the other members think. I I think it's fine. I mean, I just want to know when they are serving alcohol or not to this point, because we are in this last check in. Yeah, I think an email would be sufficient. You're welcome that he wouldn't mind. Ellie. That'd be helpful, Caitlin. Would that be to you? Sure you can send it to me. I was gonna double check because I couldn't remember if the bla ordered 3 months or 6 months of monthly check ins so I. Agree. Double, check. Okay, 3. I mean, yeah. Does that sound right to you? Bla members?

[22:00] Said that. It's on the agenda, too, as the final monthly. It is. But yeah, it was. It was. But yeah, I'm happy to send an email once we have the exact reopen date. That's thank you. Amanda. And yes, you can send it to me, or you can send it to licensing online at Boulder, Colorado. Okay, perfect. That suffices for me. I was just wondering how that kind of opening closing goes. And you know, as this being your last month of the check and just checking in. So I really appreciate all the diligence y'all have done over there. So thank you for that. Yeah, thank you guys. You very much. And I did confirm. It is 3 months that was the last check in. So we're good. Thanks, Ashley. Thanks.

[23:12] You're muted caitlin. Sorry I was muted. Huh? Okay, I am going to move on to agenda. Item 6, which is continued public hearing and consideration of an application filed on September 23, rd 2024 from the Riverside Group, Ltd. Dba. Riverside, 1724, Broadway Street, Boulder, Colorado, 8 0 3 0 2, Richard Moser, owner and registered manager, and Andreas Lubster, co-owner, with the premise business mailing address for a renewal of a lodging and entertainment type liquor license. If you're here to speak on this matter, please go ahead and raise your hand. I will let you in.

[24:04] Okay, and while our licenses are coming in here. I'll let the Board know that at this time. This application is in good standing, with sales and occupation talks there are some members of sales talks who are present at the hearing, and they would like their an opportunity to give the bla just a brief statement. Once the Bla has spoken with the applicants. And, Mr. Beinford, I see that you are here. Is anyone else going to be appearing today? And you're muted, Mr. Renford. We still can't hear you.

[25:33] I think he's just trying to figure out.

[26:00] Mr. My friend. If I if you click this button it should ask you to unmute. Is that coming up? Give me a thumbs up or thumbs down. They're still muted in. I can re forward you the email. But there's a call in number if you want to call in. Oh, looks like you're unmuted. Richard. There we go! Yeah, I'm I'm here. Okay, yeah, Richard, it'll give you at the bottom. It'll give you also the video option. Turn on your camera. Okay. Okay, there we go. We're we're all here. Okay, great perfect. I'm gonna go ahead and

[27:01] swear in, Richard, and then we can move on. Let me give me just one second. Okay, cool. Richard, if you'll just raise your right hand for me. and if you'll say your name and spell your name for the record. Richard Moser, RICH. A, RDMO. SER. Thank you and provide an address. 1724, Broadway, Bola, Colorado, 8 0, 3 0, 2. Thank you. And then, if you'll raise your right hand. do you swear or affirm that the statements you're about to give before the beverage, licensing authority are true. Yes, I do. And do you swear or affirm that the premise has been posted for 10 days prior to today's hearing? Yes. Thank you. And then, Mr. Reinford, if you'll also record your appearance.

[28:03] Sure. James Bynford, BEIM. FORD. Attorney, appearing on behalf of the riverside. My registration is 1, 3, 1, 4, 2. Thank you so much. And then I wanted to provide a quick timeline for the authority and for the licensee just so that everyone is aware of the events that occurred leading up to now. So the 45 day prefile date for this application was June 5, th 2024. The license expired on July 30, th 2024, multiple emails were sent with a notice of license expiration between August 13th and September 20th and then on September 23, rd 2024, the applicant did submit a renewal application, so that in case there was any confusion about what those dates were looking like based on what's in the pocket. That's what the timeline is. If you need to repeat any of that, or need more detailed information, please let me know. Otherwise I will hand it over to the board.

[29:22] Thank you, Caitlin. Mister, is Beamford. I'll buy them Ford. Fine ford. Okay, as counsel. Are you willing to waive the reading of the hearing procedures. Absolutely and frankly, I think we're prepared to stipulate all the city's evidence. Also. Okay, before we do that. Let me just make sure there's no conflicts of interest here. Or any ex parte contacts. Member car, no. Number, Absalom, no. Member Haggerty, no. Okay, thanks. Mr. Mr. Bimford. Would you like to go ahead.

[30:01] Well, is the city presenting any evidence? I thought that the city was row. and the procedures. It sounds like city was would would go first, st or was that what Caitlin brought to the dates? Is that the city's evidence. Is there? I'm not sure. Is there anyone here from the city to present. We don't have any more evidence. At this time. I just did provide the little timeline. I know sales tax has a statement that they would like to provide to the authority. But I think they were planning on doing that at towards the end, when you guys were getting ready to deliberate. And and Caitlin also was there stipulation agreement because we didn't receive that in our packet. This isn't a show cause. It's a renewal. Oh, okay. I? I have some questions for Richard. If you prefer, I go.

[31:00] I could go at this time. Sure. Okay, Richard. I think you already told us your name, and you're the principal of Riverside. Yes. Are you the sole owner. Yes. Okay. And would you tell us the steps you took? What happened this summer when you tried to renew your liquor license? Yes, during the course of July, I I renewed my regular license online. And then, I got noticed, you know, and I knew this, that I was behind on on sales, tax and occupancy tax, and I need to rectify those. And then I worked with of. Let me let me stop you real quick. So you you try you. You attempted to renewal in July. But, you you were unable to document that the actual, that application got filed prior to your license expiring. Is that right?

[32:01] No, I couldn't find any confirmation email. Okay. So you, you remember trying to file something prior to the expiration, but some, for whatever reason it didn't get it it didn't get filed. And then you receive notice that you. whatever you're you, were expired. But to renew you had to clean up tax issues with the city. Is that correct? Alright! And then tell us about what process took and what you did to clean up the tax issues you had with the city. Yeah, I'm also a part owner in the real estate. So I started to get a loan against the equity in the property to to get caught up. I'm still buying from cover days trading water, so to speak. So I went through the process of getting a larger loan to pay back taxes and and debts and creditors. So that's what took me all the way from August to September. When that loan finally closed.

[33:13] And so when that loan closed was that was that approximately September 20.th Yes. Yeah. And then this, the city of Boulder was paid. Real estate taxes also sales tax and occupational tax. Out of the loan proceeds. Yes. And so then, from your knowledge, you were current at Riverside after September 20.th Yes, the actual payments were part of the escrow arrangement, because the city had to sign off that the property was free and clear. So the escrow company put them as a direct payee. They would buy the funds direct. It was condition of closing. So when the the taxes were paid on September 20, th did you believe you were okay? Your your license was process, your renewals being processed.

[34:02] Yes, that was my understanding. And that was a Friday. I can look it up. But I think so. Yeah. But that that Sunday, after you pay all the taxes, you received a citation from Boulder police that for selling alcohol without a license. Correct. Okay, and you've you've since handled. You've taken care of that. The ticket you got for selling underage, I mean, not underage. I'm sorry without a license. Yeah, that's when I discovered that there was no renewal application on file in correspondence with the staff. And I then rushed to to file it and pay the late fees to both the city and the state, and to get in compliance as soon as as possible. Okay? So you. So you paid the renewal fees and the the $500 late penalty to the city. Yeah. And you also paid the your normal renewal fees to the State, and also their $500 late fee.

[35:04] Yeah, well, yeah. And how long have you had a liquor license at Riverside. I believe we procured it in 20 13, beginning. And, as has Riverside ever had a violation for selling underage or over service. No. And how many days a month does Riverside sell alcohol. Days a month. It depends on the season, but it probably averages about once a week in the summer and and almost nothing in the winter. We we're now only doing venues events. We're not open for business. We're not a restaurant or. So you're you're maybe once or twice a month in this I mean a week in the summer for but only for events. You're you're not open for regular service. Yeah, it's more weddings and remote first, st and things.

[36:01] I I know the on the renewal with your the training certification. There was a Bianca Mosier that did not have a certificate is Bianca, does she? She's does she still work at Riverside? No, that's actually my daughter. She's now living in South Africa. And so she wasn't included in the renewal and her her tip certification because she's no longer there. Correct. Okay, I have nothing further this time. Thank you. Are there any questions from the members of the authority. Hi, Mr. Mosher, this is Member Absalom. I'm just looking at the affidavit here for what happened. Hi! How are you? I was just when there was an order, when, as soon as you had said that the forms of renewal of your license were submitted. But the officers on site said the license had expired just to be clear. Alcohol service ended at that point. When officers asked you to do so.

[37:08] Yeah, we packed it up and did nothing from that. More alcohol was served. As soon as the officers let you know that. Absolutely not no. So you're saying, this is, you know, complete an administrative oversight, essentially. Okay, my 1, 1 team. Jack, of all trades. So I do the books. I do the this I do the that, and I must have messed up. Sure I was just confirming that. And then I did have a question that was already answered about tips training, and that's all I had for you. And so I had a question for you, Mr. Muser, one which is you know, in the future totally understand your your deck. Of all trades. You're doing everything yourself. In the future. How? How will you prevent this from happening again? Well, I'm I'm trying desperately to get a administrative assistant to help me.

[38:04] Part of the reason for the loan I had to take and creditors so, and there was a lot of messiness that I left in that world that I don't want to get behind again, so I need assistance to pay the bills regularly and keep a track on so many emails coming in to stifle through what is real and what's what's advertising. So just somebody other than me doing that, because when I get busy with other things, then those get neglected. So if anybody knows of a good assistance under my way, or him. Sounds good. Thank you. Mr President. Thank you. Any other questions. Okay, any any final kind of closing statements, or anything else you'd like to say. Oh, we would ask for the the, the approval of the renewal. At this time

[39:01] the the statute and the rules do contemplate late filings. It doesn't mean it's okay, but there's a penalty prescribed of the 500. If it's thank goodness, it was under 90 days, or we'd be new liquor license, but the the statute allows you to renew your license after it expires for 90 days upon the payment of a $500 fine to both the local authority and the State authority. and that's been accomplished. That penalty he had to deal with the citation and boulder Municipal Court, which has been dealt with. and we think, you know, normally a non renewal primarily focused on public health safety issues. This was just a series of errors, administrative mistakes. Nothing intentional, certainly nothing intentional. The fines have been paid, and we would ask the renewal, renewal be approved at this time, based upon

[40:02] the prior payments of the the fines, and it wasn't a health safety welfare, which is what you'd normally see for a non renewal. That's all I have. Thank you, sir. And Christiana. I saw your hands raised. Yeah, thanks. I want to just note that. That was the kind of initial presentation by the licensee. And we should hear a little bit more from the licensing staff, and also that get the statement from sales tax and then make sure the licensee has a chance to respond to if they feel that's necessary at that point before you know. they give any closing statements or anything. So just wanted to make sure we have a a couple of extra things to do. Before we fully wrap that part up. And you guys go deliberate. Understood. So we can open up to licensing staff at this point.

[41:01] Hi Kristen Changaris, licensing manager. So I just wanted to provide a little bit of information about our interactions with this Licensee so, as Caitlin mentioned earlier, the renewal application was not submitted on time. We contacted Mr. Mosier on August 13, th and sent him a notice of license expiration, clearly stating that this license was expired, and that he could not be operating until he filed his renewal application. We did not receive that. and then on September. Excuse me. September 16.th We noticed an advertisement for an event at the riverside, and reached out to him again on September 16th to remind him that he had not submitted a renewal application and his license was expired, and he was not allowed to be operating.

[42:01] We still did not receive the renewal application. Then on September 20, th I did hear from Mr. Moser. We emailed back and forth multiple times. I let him know that we had not received a renewal application, and we went back and forth about what was required, and eventually he stopped responding to me, and still had not submitted his renewal. Application at that time. That was on a Friday. That weekend is when the police department went out there and observed him serving alcohol. and then that following Monday, the 23rd is, when he submitted his application and paid his fees, and then on the 24th is when he paid his late fee, so, as his attorney has mentioned. There is a provision in the Colorado liquor code that allows a liquor licensee to submit a late filed renewal application within 90 days of their license, expiration.

[43:07] and the provision in the liquor code says that upon filing that renewal and paying the late fees, they can resume operating. the late fees were paid on September 24, th after the police department had been out there to visit. And so I just wanted to provide that overview of of our timeline and the interactions we had with the licensee around the license being expired and them not being allowed to operate with an expired license. And I'm happy to answer any questions. If the Board has them. Thanks, Kristen. Are there any questions from members of the Board. Just to confirm Kristen, this member, Absalom confirmed. You had a conversation with Mr. Mosier over the phone. No. We spoke over email. Everything was over email.

[44:06] So the for the the email that happened before the event. That you there was a response from Mr. Moser right? Saying that he had responded to that. He was aware that he was delinquent on his payment. and then proceeded to have the event after you had already heard a response from him just to timeline this out. Sure. So on September 16th I reached out to him about the advertisement, and reminded him that he needed to file a license renewal. His license was expired, he could not be operating until he filed his renewal. He responded to me and said, I will take care of it this week. So he responded. On 9 16, on the the day of the email. Correct. And then the event was held. On. What day again we'll. The. Well, their police department. I have to look at the affidavit. I have it in front of me as well.

[45:09] We are gonna get. So on. The 20 second is when Boulder Police Department arrived on the license. Well, the not licensed premise at that moment. So on 9 16. The response was, this will be taken care of within a week. Was there any other email communication from then until the 20 second. Yes, we had multiple emails back and forth. On Friday, September 20.th Mr. Mosher, let me know that. he was resolving the sales tax issues, and I reminded him that he also, in addition to that, needed to submit the renewal application. He said. He thought he applied for it, and I told him we did not have it.

[46:02] And I believe that's when we no longer received any communications. So the 20th would be the last time you received communication. Correct. I don't have any other questions. Thank you. Member Haggerty. Hi Kristen? Quick question. in the email. Kind of correspondence you had on the 20.th Was there any indication given that, you know, if Mr. Moser doesn't take these steps, that the police will be sent out to his business or there'd be any anything that was done from the anything done from our the city's end. I did not tell him that the police may be sent out to his business. That's not something that we discussed, and I just wanted to clarify my last statement, too.

[47:00] I did correspond with him after the renewal application was submitted the following week that Monday and Tuesday. So, Kristen, that would be the 23rd and 24th of September. Correct. And yeah, the violation occur on the 20 second. Okay? All right. Are there any other questions for members of the authority? No, thanks, Kristen. Are there other parties here to to provide comment? I believe. See sales tax. Yes, Hi! My name's Alberto Sales tax representative. I just have a statement. So Riverside is currently in good standing. However, in the past Riverside has not been in good standing with the city, due to the confidentiality provision under Brc. 3, 1711, B. Regarding taxpayer information, I am unable to provide specific details about the costs or timeframes of

[48:13] Riverside's previous lapses and standing. But it is important to note, however, that the city filed perfected liens against Riverside in the past year. Given the Company's history of not consistently being in good standing. Should the Board decide to renew the license, the city strongly recommends that the bla impose the following condition of approval. Riverside must provide an email of good standing from sales tax at Bouldercoloradogov at each monthly hearing for a year, and that the applicant be present to answer any bla questions relating to the city's sales tax email. If the email does not state, the business is in good standing. Riverside must allow at least 24 h for city staff to provide that necessary email.

[49:08] Thanks, Alberto. Members of the authority. Are there any questions? No, not seeing any. Thank you so much for your comment. Excuse me, would you would, would you? Would there be any rebuttal to that or any any closing statements on your end? I don't like, I said. We stipulate to the evidence. And I don't think it changes just the the the basic premise. This was incredibly bad paperwork bad. just the series of administrative mistakes, not intentional. And then, once the I think there was focus was getting the taxes paid, and once the taxes were paid they've been in compliance with the late fees since the 24.th

[50:01] That's I don't think it. And again we said we'd stipulate to what the city's evidence, which I think is pretty self explanatory. Okay. thank you, and we will now close for Mr. MOS. Did you have something to say? I saw you just came off mute. Yeah, I I just wanted to say, you know, that Staff was amazing to work with always has been. So my apologies for we're making this more difficult, and then I I do clarify. When I see it's the it's The application is incomplete, or it's not submitted. I I read it as being incomplete. I thought it was just not completed when I finally realized it. What it was literally saying is, there is no application. I jumped and and did it so again. My. I I own that but I wasn't blowing anybody off first.st I was working hard to get the loans closed and get in good standing.

[51:05] Thank you, Mr. Moosey. Thank you. Okay. We'll now close for deliberation. This is Member Absalem. Speaking here. I think if we consider renewing this license, it has to be with the condition that was presented by sales tax just as a discussion between other board members here. That's just my 1st opinion around it. Administrative. you know, detail. You know things. Those are things that you have to be in charge. If you're running a license, and you hold a license in our city that those I I understand there are. It's hard to get great people. But that being said, I'm not willing to make a motion yet, but I would say that I'm only really willing to discuss a motion to renew with the condition that was presented by sales tax. and I would I present it to other board members here and see what they think about that.

[52:02] Yeah. Member. Haggerty, any thoughts? Yeah, I'm I'm kind of in complete agreement there. I think. Yeah, what? The kind of what Alberto laid out. Just kind of the email of good standing monthly check-ins for a year. I think minimally. That's I think it would have to be included. Yeah, on the same page. Do we have a motion? I could I could start the motion work. Yes, Christiana. Thank you. As you guys consider your motion and how you're going to craft that I just want to offer up a couple of things for you all to consider. if the goal is to make sure they are complying with their sales. Tax obligations. Then requiring check ins and an email as a condition will be, you know, if they if they violate if they don't meet a check in, or if they don't send an email that will be a violation of the condition if they don't pay sales tax. That's not a violation of the condition. If you only set that condition. So

[53:16] as you think about crafting your motion and stating your motion? If the ultimate goal is to make sure that they are timely complying with their sales. Tax obligations. Then that could be a direct condition of the renewal. So that, you know, when we're talking about compliance with conditions and everything. Then having that as an express condition, I would. I would consider that I think. Of course, having the check ins and the emails is important for monitoring But just to, you know, Flag, that if you are going to ultimately get to the goal of timely complying with sales tax requirements than making that a direct condition. you might want to consider. Yeah.

[54:06] Oh, yeah, Christian, I had a question around that, just in terms of the liquor code. And when you do have a certain amount of time. If you do miss a payment that that was discussed earlier, there's a a grace period correct. So if we were to apply a condition that require on-time payments. Would that same Colorado Revised Statute apply because they need. Yeah. Ultimately, ultimately, they would still have the Grace period. And I think that you know. even stating in a motion you know, complying with, you know the time requirements. Accounting for it in grace period, or something like that. if it applies then then we can account for that. But again, that's only if it applies. I don't know if

[55:00] I I was just reminded that sales tax payments are not part of the liquor code. This is a city requirement. So thank you. So I I think again, just thinking about what the actual goal is for compliance and everything. more directly addressing that. And emotion is important. Thank you. Christiana. Yeah. Alright. Thank you. Christiana. Yeah, that's very helpful member car would make a motion to conditionally renew this like your license based on the requirement that the licensee timely files their sales tax and compliance with the city code and provides the Bla with a monthly update via email within 24 h of our bla meeting that the sales tax has been filed, and they are in compliance with the city, and if they are not in compliance they would be required to show.

[56:08] be present at that meeting to explain why they're not in compliance. That sounds like the right motion, just confirming that that is also exactly what was coming from sales. Tax specific recommendation sales tax plus the requirements meet city code in terms of it sounded right to me. I just want to make sure before I second it. It sounded correct. Maybe Christiana can help us with that motion. I just want to make sure it's exactly what sales tax said, plus in terms of the requirement of the city requirements actually catch that payment. The motion regarding the city requirements, I think, captures what I was expressing, and then, as far as what sales tax was expressing. We. If Alberto is still here, we may want to confirm with him. But I think that is also captures what he was saying. A monthly email,

[57:06] showing that they have complied, or are in good standing with sales tax, and then, if they are not in good standing, then they show attend the hearing to discuss that. and don't forget the timeline for the next year. For a 12 month. Period. Yes, month period. Yeah. Alberto here. Yes, that sounds correct. It's just an email to show that they are in good standing with sales tax. So I'll summer. I will second vice chair. Carr's motion with the amendment of to confirm that there is a 12 month period of email check-ins. Everything else sounds good to me. That's my second. Okay, all in favor. Member Carr. Aye. Remember Absalom, I. Member Haggerty. I.

[58:07] Okay. Thank you. I'm gonna thank you. So that'll be an email monthly within 24 h prior to the hopefully be able to. Yes, okay. I will send out me or Sarah. We'll send out an email reminding you of when the deadline for that is so, it's not going to be like. The day of the hearing is not going to be the deadline. It's going to be the Monday before the hearing. So the Monday, the week before. The hearing will be the deadline to submit anything for the packet for the Blas Review and we always send out email reminders of when those deadlines are coming up. but they're the same every month. And I'm happy to send like those dates in one email to you guys so that you have dates for the next 12 months, and then you'll get a monthly reminder as well. Those would be great. I mean. really appreciate the effort from the city.

[59:06] One second. Okay, I will. We'll go ahead and move on. Let me just go ahead and get everyone to where they're supposed to be. Thanks! Again. Thank you. Thanks, pears. Okay. Next, we have agenda. Item 7, which is public hearing and consideration of an application filed on October 1, st 2024 from Yakatori, Garahi, Llc. Dba Yakatori, Garahi, 2250, Pearl Street boulder, Colorado, 8 0 3 0 2 Troy brush owner and registered manager with a premise bailing premises, business mailing address for a new hotel, restaurant type, liquor license. And if you're here to speak on this matter, please go ahead and raise your hand.

[60:27] and a few are people are joining us here. Mr. Runco, I see that you're here. Is anyone else going to be joining you? Besides, Eva. Yes, Troy bush from the applicant is here as well. Okay, perfect.

[61:12] Up there he is! There. Okay, good. Okay, thanks so much. Mr. Bush. I'll go ahead and swear you in first, st and then I'll have Mr. Runco, and I'll swear you in as well, Eva. And I'll have Mr. Runco appear, record his appearance, and then we'll hand it over to the bla so, Mr. Bush, if you can just say your name, spell your name, and give an address for the record. Troy Bush, TROY, BUSH. And mailing address is 9, 1810th Street, 8 0, 3 0, 2. Business address is 2, 2, 5, 0, pearl, 8 0, 3 0, 2. Thank you and Miss Garrison, I'll have you do the same. Say your name, give address. Hi, Caitlin. Yes, for the record. My name is Eva Gerritsen. Last name GARR. ETSO. n. 1 of the owners of liquor licensing professionals doing business as liquor pros, and we're located at 5 5, 1 5 Saddle Rock place in Colorado Springs, Colorado.

[62:04] Thank you, and I'll have you both raise your right hand. Do you swear or affirm that the statements you're about to give before the beverage. Licensing authority are true. Yes. And do you swear or affirm that the promise has been posted for at least 10 days prior to today's hearing? Yes. Great. And then, Mr. Bronco, I'll just have you go ahead and record your appearance, and then I'll hand it over to the bla. Absolutely. Robert Runco, attorney registration 4, 1, 9, 3, 2, on behalf of the applicant. Awesome. Thank you, Mr. Ronco, as counsel. Would you be willing to waive the reading of the hearing procedures. Yes, we will. Okay, perfect. Thank you so much. are there any members of the authority that have a conflict of interest on this item, or any expertade contacts regarding this item member cart no. Number, Absalom, no.

[63:00] Member Haggerty, no. Okay, perfect. Are there any other interested parties or persons who are gonna act as witnesses? Is it just, Mr. Bush? That's everyone. From the applicant side. Just Mr. Bush and Miss Garrison. Perfect. All right, then, Mr. Rocco, you can proceed. Perfect. I will start with Miss Garrison so she can get on with her evening. For the next 2. So it's up to you. We'll go ahead and get you out of the way first, st if you can, please just give a brief introduction of you. Your company. The methodology used for petitioning, and then the results please. Yes, sir, so Once again for the record. Eva Garrison, one of the owners of liquor licensing professionals we were. We are a petitioning company that does, needs and desires, petitioning for both liquor and marijuana licenses throughout the entire State of Colorado. So we were hired by the applicant to provide a petition for the new hotel and restaurant Type liquor license located at 2250 Pearl Street.

[64:08] we received the packet and information from us. Caitlin, which I can't stress enough how important it is to have a great staff that actually knows what they're doing. It's so important it just saves so much time, so I want to thank her for that. Once we received that we went ahead and went out on the dates of December 5th and 6th for petitioning. We did receive a bit of information about Yakitori to understand who they are. Their concept what they're trying to do with regards to sale and service of alcohol beverage in order to pass on to business owners, managers, and residents. We took the the petition packets that were provided to us by the city performed those surveys, and of the 433 attempted contacts of business owners, managers, and residents, we were able to obtain a total of 120 signatures.

[65:04] 50 were from business owners and managers, all 50 signed in favor at 100%. No issues. We then try and break up the survey area and grab samples in and around the area, we were able to obtain a total of 70 residential signatures, 69 signing in favor at 99%, one opposed at 1%. Once again there is a spot on the petition packets where they are asked to write in whether they are in favor or not in favor, and any comments or anything of that nature. we did receive one reason of opposition. They declined to provide any reason, so we do count that as a valid reason of opposition, since we do not guarantee results. There are several other license types inside this area. The front of the cover sheet does explain that, but showing the 99% that clearly shows a need and desire for this particular hotel and restaurant type, liquor license, and that the existing outlets have not yet met that need.

[66:11] Thank you. I have no further questions for Ms. Gerritsen, unless the authority does. Not seeing any. Thank you. And I'll call Mr. Bush and I do want to give the authority a heads up mr. Bush and I are both at the restaurant in the same room. So if you start to get feedback, just let me know, and I'll relocate so that way. I'm far enough from microphones. Mr. Butch, can you please give us your title in relation to Yakitori Garage? I'm I'm late. And as the owner, are you familiar with the day to day OP. Or going to be familiar with the day to day operations of Yakatory.

[67:01] Okay? can you briefly give us any operational experience or professional experience you have that would relate to owning and operating this type of license if granted. My, I've I've spent most of my life in the clothing business. But my I helped open hopa sushi vacation 26 years ago. And I've been very closely close friends with all the management of of Hoppa, and seeing the kind of inner workings of that restaurant, good friends with Dave query for 30 years, and Cheryl the Corey from the phone. So I have a lot of friends in the business, and I've spent a lot of time just sort of Amp learning through them. And that's that's my main experience. Okay, and can you give us a brief explanation of, like the theme or the concept of Yakitori garage? It is, everything is grilled. It's grilled skewers. Everything is all a cart. Small plates the the intention is to have a very kind of a neighborhood restaurant, feel.

[68:07] So no. Everything's all a cart. So we. We'll be doing kind of traditionally is all parts of the chicken. So it's every everything, from the traditional press and advice to some more interesting currencies. I'm sorry. I will also be doing beef. And a few things. On the side. We'll be doing a burger and some other. And. Excuse me. Sorry, Mister Roger. A la carte restaurant. Is this a sit down restaurant, or is it a fast, casual restaurant, or some combination of the 2. It's a sit down restaurant with with regular. Can. Can you all hear me? What will your alcoholic beverage offerings look like. Mister Runco, really quick, I think, mister, or vice chair. Carr is trying to say something. Yeah, I was asking, could you mute yourself when Mr. Bush is responding because we're getting some feedback here, and maybe you weren't able to hear me as part of that.

[69:07] Thank you. Can you again? Can you give us what your alcohol offerings will look like? Sorry. Could you repeat that. Your alcoholic beverage, offerings. Yeah, so we will be serving beer and wine sake. And then a somewhat limited liquor offering. I think the the traditional pairing with Yakitori are would be like highballs or Japanese whiskey. And so our we'll be pretty focused on that. Of course we'll need to fringe a little bit on each side for for personal preference. But I I anticipate it being more of a beer and wine, and maybe sake kind of crowd that'll be more of what we're promoting. But we do want to offer high balls, and and similar whiskey drinks to fit with the traditional Japanese style.

[70:01] Okay? And when you have patrons in the restaurant. is your service done? Table side or at the bar. Primarily table side. We do have a liquor bar that is sort of located in. And I if I'm not sure if staff has seen the the layout of the of the restaurant. It's there's a restaurant on the north side, and then on the south side of the building is a vintage store, and it's all within the liquor license premise. and we do have a liquor bar that's there in the sort of in the passway between the 2 spaces. That's what the liquor bar will be. You have a patio as well. Is that correct? Yep. And how is that patio enclosed. It's fenced on all sides, and then we also have a and we have a full time. Wait, Staff, on the patio. And do you have any entrances or exits from that patio?

[71:01] Only the the main entrance is being used as both. That's the only entrance and and exit, and that goes right into the patio space on the west side of the building. Okay? And on that entrance space we have a sign on the inside informing patients that they, you know, can't take alcohol outside of the patio. Yes, yes, and there's only one access to the patio. There's only 1 1 entrance. What are your intended hours of operation? 7 am. To 11 Pm. 7 days a week, 5 days a week. Right now. 7 days a week, I'm sure, as we, as we get open and start to get get an understanding of the flow. We may have a we may close Mondays, but right now we're starting as 7 days a week. And will the food be available all of those operating hours. Yes. And will alcohol be served all of those hours as well. That's something that that we're still deciding, I and it's really more of a an issue of I I don't anticipate having the liquor bar open

[72:07] really, before like brunch time. So I don't know we haven't really decided. I my gut says maybe allowing the beer and wine, which is easily served, you know. where that's located is right in the restaurant. Maybe only doing that. from, you know. 1111 am. To 11 pm. And then, with maybe the limited alcohol service hours, can you confirm that food will make up at least 25% of your food and beverage sales. Yes, ma'am. How many staff members do you intend to have. Right now we're slating 25. And what will your training procedures be for those employees. And we're planning to use tips. And beyond tips. Will you have any in-house training or onboarding for your employees?

[73:03] Yes, and and you know, obviously a training manual for the staff that they will sign. And on that training. Do you have any policies as it relates to? You know. checking ids for certain patrons, or when you check ids. We check ids for all patrons, regardless of age. And and when does that occur? Is that when they 1st come in, or when they place in an order. When they place the order. Do you have a policy, as it relates to vertical ids? No vertical ids. What about expired ids? No expired ids. And then same at that bar area. If someone maybe walks up and orders 2 beers or 2 highballs. how does that process work to ensure that, you know they're not handing that drink off to someone. Just one drink per id. and they'll need to call. If they're if they're trying to get 2 drinks, they'll have to go find the person and bring them to to us. And then

[74:01] again, on that policy or your entire alcohol service policy. Do you inform your staff, or have you developed what the procedures will be if you find that someone violates your policies, as it relates to alcohol service. Yeah, it's termination. We won't. There's the we don't have any. There's no room for that. I believe those are all the questions I have. The again, the the authority may have some follow up for you. Thank you. Are there any questions from members of the authority. Yeah, yeah, you want to go ahead. Sure. Yeah. Mike, you go ahead first.st Yeah. So my, my 1st question, Mr. Bush, is I I you know I didn't see a Britain alcohol policy included in here. do you? Do? You have an alcohol policy and written, and how have you thought about approaching that. Yes, in our employee. Manual.

[75:04] So we have the training and certification responsible vendor training. all employees at Yakitore garage. You must have an alcohol certificate from a Colorado approved responsible vendor trainer. If an employee has a certificate certification to serve alcohol from another state or company. they must still get certificate from a Colorado approved responsible vendor trainer. To gain the certificate you must complete 3 h training course, followed by a multi-choice. Exam. We're planning to use tips, and then we also have an acknowledgement for our staff. So that they understand that there's immediate termination. If they do not follow our alcohol policy, and we will be very strict with this. That's. Those are both. and I do wanna say I believe that should have been in the packet you received, and we did not provide the entire employee manual, because that has so many other Hr issues that you probably don't care about, and we just pulled the specific pages from their H or from their employee manual to include in the packet.

[76:12] I apologize that missed the packet. But I'm gonna send it to you guys right now. You'll get it very shortly. It's just like a page. So sack. Maybe perhaps that was your question. Around the same topic. It was. And while we're receiving that, I can ask like another question or 2 that I had, if that's okay, remember, correct. Please. Please. Yeah.

[77:00] So I guess my 1st question is in the application. You have. What is the seating capacity of this establishment? It says 24 indoors and 5 outside. And then I look at this drawing and I see different numbers. Can you explain that to me? Yeah, we we have been struggling with. You know, we're we're converting an old building that's really just been used as a warehouse space, for I don't know how long. 20 years we're converting this into a restaurant. And when we 1st moved in, and when we 1st started the process, we were told that we wouldn't have a parking requirement and then, when we came back and started getting close to permitting, we were told that we would have to provide 16 parking spaces in order to meet our occupancy goals and then that has turned into quite a process over the last 6 months of a site review, a parking study and going down the whole process. So we we started out with larger occupancy goals. But now, based on the fact that we need one parking space for every 3 seats that's now been reduced

[78:11] to what was in the application. and that that's fairly realistic to what we'll be forced to do. Frankly, unfortunately, but. Sure I understand that. You know. Again, I'm looking at 12 outdoor dining seats in the drawing, along with 29 indoor seats. Which is just different from the numbers in the application. But it sounds like you're you're kind of figuring that out around your occupancy requirements. Yeah, no, that that is where that is. Is this drawing the accurate number. No, the the number in the application was the. Gotcha gotcha. The the drawing was done quite a bit earlier, and then it was revised. and then we got all of our premise, and you know. We got all the the site done and and approved. and then we got into this trouble with the parking. So application is correct.

[79:04] Application scratch. But so I guess I'm kind of going off this drawing, because I guess, just to your point about renovating a space like this. And around the fact that you have a license premise that goes all the way into a retail store that's not is actually selling. Is that furniture for sale there the furniture is not yeah. The furniture is all for sale. Correct. So that's a that's a retail space in the front of the restaurant, and they'll have access into the the whole place is going to be licensed correct, according to the. Yeah. And that's why we placed the the liquor bar where you see it in the in the past, so that we have eyes on on the whole premise all the time. and that was in working with Kristen Teague in the beginning. That was really helpful, that she. you know, kind of highlighted like we wouldn't necessarily be able to see the back of the space from our wait from our host stand. And so that's why we then placed the liquor bar back there, so that we could have eyes on

[80:02] on all the space. Right. So the liquor bar kind of occupies the space between the actual restaurant and then the retail space in the front. Am I missing on this drawing, where all your alcohol storage is. That that should have been in in our approved site plan. So we have liquor storage basically in the kitchen area, which is sort of. In between the 2. So basically, the the north side of the building is the restaurant, and the south side of the building is the retail store and the center portion houses the 2 restrooms, 2 Ada restrooms, the liquor bar, and then our kitchen prep kitchen. Everything's actually cooked in in the in the dining room sort of in front of you. So all we're doing is prep and storage back in the kitchen space. And that's where we show on the map. That's where we show all of the excess liquor storage in that space.

[81:12] Okay. yeah, I don't see that, really. Maybe I can't see it clearly on my map. But yeah. So the main entrance is right there. So when you walk in, you have that space you're talking about where there's kitchen things going on the left is seating for the restaurant. The right will get you to the bar and into the retail space. I'm just making sure that your staff, like do you have a plan to staff, the way that's all gonna work when alcohol is being served and then being managed in this retail space. Yeah. And so so the bartender, really, for in the bartender will be manage managing the alcohol in that space. Okay. So yeah, we have a even if we have another member of staff there to ring people up for sales of records or cameras, or whatever they're selling. That that liquor bar will be will be staffed

[82:03] there in the space. Okay. Well, thank you for answer those questions. The other thing I just wanted to mention to you. You were mentioning tips. I don't know if you were here on the early part of our hearing. But or I've heard what's going on right now with tips training. Just make sure whoever you end up using because tips has been kind of unreliable. Just make sure it's on the list of the you know what the State led is allowing you to use for training, because right now us as an authority are waiting to figure out how we can improve things. So I want to make sure that as you move forward, follow the State led requirements around what vendor training you can use cause. We'd love to see that as you move forward. And that was the only thing I had other than those. Is, may I ask? I don't know if you can answer this. But who do you? Who is preferred right now? If tips is in question. Well, you know, we actually just got some news today that there's been a change of direction over the rar. I don't know if you've been involved with them at all, but I would highly recommend getting involved with that group association of retailers. They work with marijuana and liquor licenses in our city and in in Fort Collins. I believe so. What they do is they give us an opportunity, and they were doing some training in house. But what we've been hearing from them is that tips has been unreliable in terms of how we're getting results of this training

[83:20] and what we have kind of come to. The conclusion is that we we do want to come to a place where we know that cause our requirements here in the city of boulder, ask you to have people vendor train within 60 days of their hire. So what I'm what I would say to you is that right now, we don't have a specific vendor training. We're choosing because we haven't had the opportunity to get through what's happening with tips. That was always our preferred method. But there is a list on the state website. And I know that that's available through the city website as well. Okay. And I think at this point we are willing to obviously accept whatever the State is willing to accept. At this, you know, until we figure out what's happening with the most, because so many things have changed with Covid. And our rules also are something that we need to discuss as a group and we haven't gotten to that point yet, but go off the state list, and we are definitely willing to discuss. You know what.

[84:12] if it's on the State list their vendor train within 60 days. I think that's something that, and I'll let other board members speak for themselves. But something that I would certainly be willing to accept as long as on the State list. Okay. Thank you. Yeah. And our rules stipulate. It has to be at this point on the state list. So that would be. you know, whatever you use, maybe go to the State of Colorado led. They may have a list of registered trainers. Yeah, they do. Yeah. That's all I have for Mr. Bush. Thanks. I did see the. Did everyone have a chance to look at the alcohol policy that came through the 2 pages and Pdf phone. I you know, I I guess my question is, you know, this is this is a start. But you know, what about things around folks identifying folks who are intoxicated, and some of those other outline of things that you might see in an alcohol policy. How? How are you going to communicate those things to employees and ensure that they're aware.

[85:17] I mean, obviously, we wouldn't tolerate selling to an in to an intoxicated person. And so you know, obviously, that that would need to be added into the policy. I'm trying to think of what other you know, there are a lot of there are all the obvious issues which are overage people trying to give an underage person a drink, a boyfriend trying to hand a girlfriend a drink. I you know. I think my my thought, my 1st thought, is really to incentivize my staff to help, you know, catch sort of

[86:02] just look at all of those different situations and and try to catch what we can, you know, and and be very vigilant. And I think that's part of the in person training. You know that they'll get and and you know again, since I haven't spent a lot of time. You know, running restaurants in my in my past, I think I need to, you know, do the same education, and and so I can be there, you know, for my staff. Totally. Yeah, no, I think so having those things like in a written policy is always really a best practice. And what we see across. So the the really well established liquor license establishments in the city they've really well defined, really fleshed out policy, and something that rar is, and perhaps some shared with you. They can actually provide you with a kind of a template of what that should look like and I would strongly advise you to to improve this alcohol, this policy. I don't believe that it's sufficient, as it as it stands right now.

[87:03] Gotcha. This member absolute sort of echoing member. Carr's sentiment here. This is definitely for the city of Boulder. This alcohol policy needs to be fleshed out a lot more, and you said that you are friends with Dave. Query and Cheryl Longori reach out to the people. Dave, big Red F has a policy in place that is. pages longer than this. And I think that's something that you really need to look at, because this this is definitely not sufficient. Especially this type of space. The space you have here, there's so much opportunity for people to to get over, served and or get served without being carded in that type of space. It concerns me, and this policy is not enough. Gotcha. Yeah. Dave's been. Dave's been you know, very supportive in the past, and I don't think he'll have any problem sharing his policy with me.

[88:00] Any other questions. He won't, he won't. And I know I know that in this community we want everyone to be safe. So if we can share safety policies and share best practices. That's something we're looking to happen here for sure. Any other questions, comments from members of the authority. Okay. And was there anything else that you had? Mr. Runco. No, that concludes the presentation from the applicant today. Perfect at this time we will close for deliberation. Excuse me, members of the authority. Any thoughts. Is there a motion. I don't know what member Haggerty thinks about, and I don't. I certainly don't want to make anyone have another drawing, but having different. You know things in a in terms of when you're building out a license premise and having something different on the application than the drawing. I don't want people spending more money in architect to do that. But I would say that I want to. I I'm ready to approve this license with a couple of conditions, one being a fleshed out

[89:13] policy, a liquor policy. And maybe just no one has to redraw things or get someone to pay money to redraw anything, but maybe some clarity on what maybe just some additions to what that the license premise looks like. And some clarity around the liquor stores. I didn't really see that. Well. there and then, also kind of around the capacity for for seating and things like that. So that's where where I stand right now, but obviously would like to hear from the other members of the authority. Yeah. Member, Haggerty. Yeah, I I do agree that. You know, updated written policy is, yeah, absolute must here. Before you know, as a stipulation. and Mr. Bush, I think member apples gave you some some good suggestions on where to reach out to to really bolster it up.

[90:08] Because I I think that's really important, especially that to have it written down, I think, is is key to cause. It's, you know verbal trainings do a lot. But then you know, always being able to reference. A written document is is going to be very important. Moving forward. Kind of in regards to the schematics and what everything looks like. I I do agree. I think it would be some clarity on what you think the you know, the seating looks like both inside and outside. If you're able to maybe provide some specifics with that. Yeah, I don't know if, like, a new diagram is necessarily warranted. But just maybe more specifics on what you know. Intended occupancy, what that might look like and also I think you mentioned Mr. Bush. You know the number of employees that you were intending to have.

[91:01] I think that that number might be important to know as well. That is that if that's fluctuating, based off, you know, the occupancy number just so if we're able to get maybe clear some clarity on those 2, I think, would be important. So miss. And you know I had the the approved. The final land use drawing was the is the drawing that shows the liquor storage and is a little bit more detailed. So I'm not sure if you have that one. And and what I could really easily do is just update that specific drawing, and that's got both the occupancy number of seats and the liquor storage. Alright. Remember absolutely. It sounds like you, almost. You have a motion you want to make. I did. I was kind of seeing what the other members had to think. But I will go ahead and make an official motion. This is Member Absalom. I'll make make a motion to approve this new license under the condition that we see a new fleshed out written alcohol policy. And then a revamped license Premise Map with updated occupancy and liquor storage.

[92:11] As this point of clarification. Is there anything specific you want to see in the alcohol policy, or do you want it to adhere to anything specific like, maybe the rar. Yeah, I would say in, I guess in my motion I would adjust in the alcohol policy. I would like to see a reference to the Rar or other responsible vendors as noted by the applicant utilizing some other responsible vendors in the city of Boulder utilizing their I'm not gonna list all the things that need to be in the policy, but utilizing a more I want to say nuance, but a a wider range of issues that surround alcohol service in our community.

[93:00] Chris Channel. If you can clarify when that would be great. Yeah, like I said I would have, I would say, with the conditions must be met before our next hearing. But the approval would still go through, they would have to meet those conditions, and just by the time of our January hearing. So the those are conditions that are met to the hearing, but the approval still stands. If that's correct, Christiana. Okay. Yes, yes, that's right. Is that enough to confirm my emotion? Member. Carr will second the motion all in favor. Member Carr. Epsom. I. Member Haggerty. I. Great. Thank you. Motion passes. You guys are approved. We'll see you next month. Thank you. Everyone. Thank you and

[94:04] Chas and Troy, I'll be in touch to collect those things that the Vla requested, and then also, just as the approval comes in. All that good stuff. Thank you. Yep. Awesome. Okay, great. I will move on to agenda. Item 8, which is public hearing and consideration of an application filed on October 8, th 2024 from Wfm. Wo. Inc. Dba. Ideal market 1, 2, 7, 5, Alpine Avenue boulder, Colorado, 8 0. 3 0, 4 Wfm-w. Inc. 100 owner. Whole Foods Market, Inc. 100, shareholder of Wfm. Wo. Inc. Keith M. Manbeck, President and Director Jp. Warren, secretary, Heather, Charlene, stern, Vp. And secretary with the business mailing. Address of Po. Box 6, 8, 4, 7, 8, 6. Austin, Texas, 7, 8, 7, 6, 8, for a permanent modification of a fermented malt beverage and wine retail, off-premise type, liquor, license.

[95:05] You're here to speak on this matter. Please go ahead and raise your hand. and then Christian, if I could just ask you really quickly, does liquor, or does Eva Garretton need to be sworn in again for each matter. I think she's already been sworn in. Yes, so if she is testifying again, then she is still under the oath. And so just a reminder that she still is under oath, and she was sworn in previously, and she's still under oath as she gives her testimony for this hearing. Thank you. And Mr. Coats welcome, and who will be testifying today. Good afternoon. My name is Kevin Coates. My registration number is 2, 5, 9, 9, 5. The attorney here for ideal market. We have Cole Kinzer, KINZ. ER. She's the store leader here for the ideal market. Eva Garrison is also President, and under oath.

[96:15] and we do have Jacob Cresswell from corporate out of out of Austin, Texas, although I don't intend to probably call him. He's here to observe something comes up. Obviously we can ask him to raise his hand. Thank you. Cool. I'll just go ahead and swear you in, if you will just say your name and spell your name for the record and give an address. Absolutely. It's Cole Kinzer, COLE. Last name KINZ. As in zebra ER. And we operate at 1275 Alpine Avenue in Boulder, Colorado, 8 0. 3, 0, 4. Thank you so much, and if you'll just raise your right hand, do you swear or affirm that the statements you're about to give to the bla are true and correct. Yes. And do you swear or affirm that the premise has been posted for at least 10 days prior to today's hearing?

[97:01] Yes. Thank you and Mr. Coats. You already recorded your appearance, so I'll hand it over to the bla. Thank you. Thank you, Caitlin. Mr. Coats, as counsel. Are you willing to waive the hearing procedures, reading the hearing procedures. I am, and we are. Thank you. Alright. Thank you very much. And and then I'll ask if any authority members have any conflict of interest for this item, or any ex parte contacts that they wish to disclose. Member card no. Remember Absalom, no. Never had gurdy, no. Okay, perfect. Are there any other interested parties who are going to act as witnesses today? I believe you said it would just be Cole. correct from your side. My understanding is, and Ms. Garretsen will both testify. Sorry. I'm just kidding. I would ask if anyone's here in opposition. Yes, and yes, this is the next question. Is there anyone here in opposition who wants to supply public comment?

[98:02] No, not seeing anything? Okay? Are you ready to proceed? We are. Thank you. Please go ahead. Thank you. We will call Ms. Gerritsen first.st That seems to be the order of preference here today. If that's appropriate with the authority. Please. Thank you, Ms. Gerritsen, you were previously sworn in. Is that correct? Yes, sir, Mr. Coats, and I do understand. I'm still under oath. and your comments earlier about who you are and and what it is that you do, I assume are the same as well. Is that right? Yes, sir, that is correct. Did you and your company prepare a petition and survey. Associated with this modification of this fermentamal beverage and off-premise wine, retailer, licensee. Yes, sir, we did. Why don't you tell us a little bit about that, and tell us what it is that you determine. Yes, sir, so we were. We were hired by ideal market to complete the modification of an Fmb. And wine off premises, type, liquor, license we did get with the paralegal from Dylan Dill, and received information on October 29th of 2024. As to regards with what exactly the described. Change proposed was.

[99:18] and the information that we received was ideal market, adding wine sales to the store. We're moving merchandise and adding shelves for wine sales. So, gathering that information, we went ahead, and with the help of the city and the map and their petition packets, we went out on the dates of Friday, December 6, th and Sunday, December 8.th To provide this information out to folks inside the boundary area, we reached out to 407 business owners, managers and residents inside the area trying to contact as many businesses as possible. This isn't a high business area. So we did try and go back to those places that we could not reach prior to that, just because there was a small area in there.

[100:09] we were able to obtain a total of 121 signatures, 21 were from business owners and managers. Once again we are a 3rd party petitioning company, which means we do not guarantee results. We simply provide the survey, and the results are is of the 21 signatures. We had 13 sign in favor at 62%, and we had 8 opposed at 38%. We then reached out to a hundred residential signatures. We obtained 100 residential signatures, with 87 signing in favor at 87% and 13 opposed at 13%. If we combine these totals, these are just our raw numbers. We have 100 signatures signing in favor at 83% 21 opposed at 17%. We did once again ask those folks to write in why they're in favor or opposed, as folks can see from the packets. We did list those on our second sheet. Our second page 5, declined to provide us a reason. Quote marks. We didn't. We don't count those as a follow this kind of reason from the one above.

[101:15] They actually have to write that in. We did ask them to write that in he refused to do so. He just put quotes, so we do count that as a reason or a non reason or no reason. We had 2 that said, there is no need. 13 stated competition. And one said contradiction to of a health store. If we remove those items that don't necessarily speak to the needs and desires. As competition is not considered one of those, we actually bump up that in favor petition or in favor signature to 93% and 7% opposed. It is totally up to the authority as well. But given the raw numbers. And we did want to make sure that we reiterated, and we carried the front sheet, and she actually kind of pointed out several times of what this.

[102:06] what the type of survey is being done for, which is the modification. We did want folks to understand that this isn't a whole new liquor license, that this is a modification of an existing license, because we did have questions in regards to distance, to the retail liquor store as well. So we did want to make sure that we clarified that, however, anybody with any concerns we did invite them to the public hearing. did let them know that there is a public hearing, as stated on the petition packets as well, and they could address that directly with the authority or the applicant. There are only 2 other, or there are only 2 licenses of similar type inside the area, the Circle K and ideal market, the 83% still shows a positive need and desire for the modification of this Fmb. And wine off-premises license, and that the existing outlets have not yet met that need

[103:03] awesome. Thank you. You referenced in your your comments that there was only one other license of this class within the defined boundary, that being a circle K. That is correct. Yes. And that Circle K is A is a convenience store, is it not? That is correct. Yes, sir. Is your understanding. Obviously this particular applicant is a is a grocery store, essentially a smaller grocery store, but a grocery store type use versus a convenience store. Yes, that is correct. And it would be the only grocery store type use with a license of this class within the entire boundary. Is that correct? Of a matching license type. Yes, that is correct, sir. Does does that factor into your opinion here as to whether or not there's a need and desire, with respect to this modification to occur for ideal market. It does because of of licenses of similar types. That's why they're broken out into individual licenses. So yes, this does factor into that. And once again, just the raw number of 83% still shows a more positive need and desire than the opposition. But once again we did ask those folks that had concerns, that they were more than welcome to attend.

[104:11] Thank you. I don't have any additional questions, Miss Karets, and I very much appreciate your time, and would tender you to the authority for any additional questions they might have. Yes, sir. Any questions that wraps up. Yeah, Miss Garrison, this is member awesome. How are you. How are you? It was nice to see you. So you were discussing these concerns. Are you just basing that off of the opposition votes in terms of? Was there something coming from any of the people that were out there on your team. Was there something of a concern or. Yeah, well, so she did she. The more she kept feeling that they were more in favor towards. I believe it's the wine merchant which is located at 2690 Broadway, and that the you know folks see that as their go to retail liquor store in the area, they were very favorable to that. They must be a really good small business, because most folks did give quite a bit of

[105:09] props back to them for being just a great retail liquor store in the area. So I think that was most of the concern is that they thought this was going to take away from that retail that particular retail liquor store. So there is. There was a concern of that that the surveyor did relay back to me, as far as she saw that that was one of the things, but once again we did. I think if you can see on the 1st page of our petition packet, we did hit them first.st So we do always like, I said. We don't stray away from like schools or anybody else inside an area. We make sure that we just contact folks, let them know about the issue at hand, and they can sign in favor or opposed as they feel as they see fit. So we did make sure that we did contact them as well. So, Miss Garrison, just like, in your opinion, you know you you go to a lot of communities right? And.

[106:02] Sure. Just hearing from this particular representative liquor pros, who went out when she came back to you. And and this particular licensee here in the community was mentioned. Quite a bit. Is that kind of rare, or is that something that you see often. No, I think it's becoming more rare. We've been handling family dollar liquor licenses throughout the entire State, especially in smaller communities. So with that you know a lot of folks see that you know a corporation coming in like that. And these are these are people that I think that favor the retail liquor store. Some of them may not go into that same. The other location in this case ideal market. If they don't use ideal market, then they don't see it as something as of a need or something else as a desire. They see it more as competition. Because of concerns of that I think that fear of like as bigger corporations and more of the larger stores are starting to take over. And they're buying out a lot of the mom and pops that's becoming a concern. And so I see that throughout the entire State of Colorado, however, those folks that still frequent those establishments still see that as a need and desire. So it's those folks that actually go into ideal market that see? This

[107:21] says, Hey, I'm good with this, hey? I'm okay with this. It's those folks that don't frequent those establishments that I think are starting to push back a lot more on these types of licenses. That's what I'm seeing. And it like I said. when a family dollar has tried coming in to do that, I see it a lot more especially in like smaller towns and communities, but also in places like Colorado Springs that we've seen it. Denver Boulder, Fort Collins all of that as well. Grand Junction. Yeah. I'm sure you're seeing it all over the place. As you know, corporations move into these, and small business are involved. I was just wondering if this like is more of an outlier or something like does this seem when you spoke to your representative who went through? Is this something that was kind of whether or not the numbers represented. Did you say that the person just kept mentioning this one small business? I'm just wondering from your perspective.

[108:14] Well, I think in this area, because it's it's like, I said, it's 1 of those that is go to. But this is typically what we've seen throughout the entire year, especially this year. Once more people were adding the beer and wine license to those smaller locations. I think I've seen this a lot more. I have seen this a lot more so. Yes. Thank you, Ms. Garrison. I don't have any questions. Well, thank you, I hope I answered your question. I know it's hard to get a good idea, and like I said, if I could if I could theorize. But sometimes it's hard, because smaller communities really focus on smaller things. But it's weird, because in boulder, like they still want their chains. They still want their bigger stores. They still want everything. But at the same time that that tug of war is going back and forth. It's very interesting to see, as we go through this process, the mindset of how people are thinking in the state. So yeah, and that's.

[109:11] I was talking your brain about. I know there's no real definitive answer to that. Everyone wants a cheaper price for products, and and I respect that. And I'm asking your opinion because, you see this a lot. You had specifically mentioned that your operative in the field had spoken about specifically this other licensee here. So that's why I wanted to ask your opinion about it and see how this is going throughout the State, because this is a very important issue that member car and I have actually been diving into recently. So your opinion means a lot to us, and obviously we'll follow the law. But thank you so much for your time. Yeah, anything, any information I can help with. Like I said, we we just kind of like I said, we don't go out there with an agenda and saying and pushing any. It's just more of how we see things coming back to us and and our surveyors. We we do training in-house with ourselves as well to remind all of our my surveyors are. I like to call them veteran if we take the total amount of years that our surveyors have been

[110:09] for well over a hundred years, so we've had surveyors that been through this but once again reminding them to try to be unbiased at the door in order to get a more true feedback and provide that to you folks as to what's going on out there, and what how people are feeling so. Yeah, more than happy to answer any questions like that. You folks have. Thanks any other questions from the authority, not seeing any. Thank you, Mr. Garrison. May may I ask one, follow up question based upon that? Those questions recorded. Sure. My only question is a very simple one. Is Ms. Garrison. Do you see any any indication based upon your petition and survey your research your opinion with respect to this particular matter, that

[111:00] this modification, if approved. would have a negative impact on the health, safety, welfare, morals of the surrounding neighborhood that's given to us by that boundary. No, I do not feel that that it's going to have that negative impact. Thank you. I appreciate it. Thank you. Thank you. Scripts. Your next, yeah. Thank you. We'll call Miss Kinzer. He! Hi, Miss Kinzer, you were previously sworn in. Is that correct? That's correct. Yes. Did you spell your last spell, your 1st name, and your last name for it? Yeah, absolutely. It's COLE, KINZ ER. And I do apologize. Y'all, I have a little bit of laryngitis here, so if you need me to repeat, I'm happy to do so. Ms. Kinzer, you work for whole foods. How long have you been with whole foods? The company. 15 years! And over those 15 year period of time. Have you been always a store leader, or have you had other capacities at store.

[112:01] No, I've worked my way up from just a team member position over the course of 15 years. I've been in store leadership for 8 years, and here at Ideal Market, as the store manager for the prior 3 years. Your 1515 years? Have you ever, at any of the establishments you worked at ever had a liquor, license, violation. None. And your 8 years of management. Have you managed or supervised anyone that's had a violation. No. How long have you been here in Boulder. I've been in the Boulder location since 2021 between Boulder Table, Mesa, Pearl Street, and here, at our ideal market. No issues associated with alcohol sales at the location, with the existing license. That's right. Tell us, what? Why is it that we're doing this? And what is it that we're doing with respect to this modification? Sure. So ultimately, we're trying to stay relevant. You know, there's been massive changes to licensure throughout the State of Colorado, and as I understand, we're one of the only grocers in boulder that doesn't currently offer full Abv beer and wine, you know, within the boundary area. We're the only grocer, as you mentioned, and the reality is we get these asked from our customers, and that's what prompted us through this question.

[113:11] You know we, too, are big fans of boulder wine merchant. They have an incredibly curated selection, really knowledgeable customer base. And so we are not only good neighbors, but fans of their market as well. What we're looking to do is to meet a customer, ask to be able to offer beer and wine pairings for the products that we sell in store as we would at any of our other locations. And again, we're going to have a very limited assortment. And so, looking to just offer a really curated selection for pairings within our store. One of the things we pride ourselves on is being that neighborhood market where folks are able to walk, avoid getting in a car and could just walk and get what they're looking for in the community. And so, being able to offer some of the assortment, that builder wide merchant doesn't currently is one of the drivers as well. Can you describe a little bit more that pairing process? You described the work that you just use pairing? What? What is that? What does that mean? And why is it relevant and important?

[114:02] Yeah, absolutely. You know, you know. Obviously, happily, we're in a pretty foodie community. And you know, when you talk about selling cheese. or you talk about selling seafood or beef we frequently get asked, you know, would you serve this with How would you cook this? What would you pair this with. And so a lot of our programming, especially in our specialty department, which would typically host the beer and wine in nearly all of the locations is structured around offering a cheese with a paired beer or wine. And so we just like to be able to play in that space and offer that I mean, it's to our shoppers. And in terms of folks asking your customers, asking, how often are they asking for. Oh, we hear it several times a week, you know. Do you guys have beer and wine? Oh, are you gonna get beer and wine. You know we. We advise that we do carry hard, Kombucha, but when it comes to specifically those pairings you're looking for more traditional beer and wine assortment. You've seen the after diagram that's been submitted, both the zoning and this authority associated with where alcohol will be displayed and stored. If, in fact, this modification is approved.

[115:07] Yes. De- describe it for us in terms of addition. What? What is the addition that is essentially being requested here? Sure. So presently we carry just Harko Butcha, and it's on 1 6 foot shelf in the store. What we're looking to do is expand to 4 linear feet of refrigerated retail, upright space. So this could be a really limited assortment of beer, wine, whites, and sparklers that would be refrigerated. And beyond that we'd be looking to place kind of rotational beers, or I'm sorry. Wine and beer stacks throughout the sales floor. So a really limited skew count. Only the additional of 4 linear upright space for beer and wine, refrigeration. That that rotational space that you described you already theoretically could do that with temporary displays. Is that correct? That's right. But you want to obviously come to the authority in good faith. We want to do it the right way. Yep, absolutely. Show them where you want to put this particular space and also articulate. Essentially, the expansion

[116:02] sounds like by 5 shelves within a 4 4 foot space. That's right of cold or or refrigerated product that you would be selling. That's right. And is all of this in conjunction with essentially pairings, and trying to be relevant to essentially what the customers are asking for. You mentioned that you you enjoy and are a patron, I believe, of the of the liquor store across the street. Is that correct? Yeah, absolutely. We're most of my team members shop over there. They have phenomenal assortment. We're friendly neighbors. You know. We do some special already through them, and of course they, you know, they carry spirits. And so that's not something that we're even talking about. That's a space that's entirely theirs, and they do very well. Tell us a little bit about the impacts this could potentially have on them. Because what type of sales are you talking about here at this location. In fact, like. This is so based on, based on, based on what we're seeing at other locations with with their assortment. You know, our space is limited. We're a very small retailer. We're anticipating sales of less than $500 a day.

[117:02] Boulder wine merchant is again highly curated. Really intentional assortment. That's more or less static. We're talking about bringing in some of the national brands. So I don't really think that we're looking at massive impact to their operation because they're so differentiated, such as it is. And again, their focus is on providing a really curated assortment and being able to speak to that. We're going to be playing in what required programming is for whole foods market. On top of that, you know, one of the one of the benefits to our community, and something that we hear from from shoppers is, Hey, boulder wine merchants are only open to 10 to 8 on the weekdays and 11 to 7 on Sundays we're obviously open 7 to 9 9 pm. Every day. Obviously we wouldn't sell before 8 Am. Which is the legal limit. But that does expand the hours of availability for folks in the community as well, where they're not having to get in the car and drive somewhere else. They could just walk to our store when boulder wine merchant isn't open. Describe this as a walking community in this area. You're the only you're the only grocery store with.

[118:01] Really long. Community. That's right. Do you believe, then, that that gives essentially a need for your products to essentially pair with additional alcohol on a limited basis, as you've described. Absolutely. It's it's an ask from our customers, and it is a proven success. Driver for other locations and other retail grocery retailers. A little bit about your your program there over the last 3 years. There, at this location, you haven't had any issues associated with alcohol sales. Awesome. Tell us what it is that you do to make sure that you have compliant alcohol skills. Yeah, absolutely. You know, we we're already in partnership. We were aware of the changes with tips. And so we're already in partnership with Tom Reagan, of Tom Reagan, consulting. He's 1 of the led approved vendors, and he's the one who's been delivering all of our beer and wine training, or I'm sorry our alcohol beverage training to team members. We have a protocol around having those trainings completed within the 1st 30 days of new member onboarding to make sure that everybody's in the loop. We don't have any kind of self checkouts again, we're just a really compact location, and so we pride ourselves on service. Every register prompts obviously, for carding and iding. There's no self checkout where we have to concern ourselves with folks, you know, sidestepping that. And then on top of that we make sure that the beer and wine that is, or I'm sorry. Beer and wine is kombucha. In this case that's on the sales floor is in a highly visible location. So that's well

[119:22] by team members limiting the opportunity for folks to do anything nefarious within sales. What are the consequences? If anyone were to fail in that training? Fail in those policies and procedures sell alcohol, for instance, to an. They're absolutely required to pass that in order to be able to sell beer online and to sell alcohol through the registers, and any violation of policy is a separable offense. It's considered a major infraction by whole foods market at large, and is a separable offense. Please tell us a little bit about the point of sale system, and how it's designed to make sure that we have lawful alcohol sales. Yeah, absolutely like so many retailers. There's an automatic prompt for any kind of alcohol that's being scanned through the register that's gonna require an id that's already built into the system for us, for the hard Kombucha that we already have from our current Fmb license.

[120:09] Based upon your customers comments based upon what Miss Garrison has shown us in the petition and survey. Do you believe that there's a need and a desire for your license to be modified, to allow you to sell wine and and beer on the limited basis that you've described. Absolutely. I mean the the ultimate prompt for us was customer. Ask? So that's that's what brought this to the table. In the 1st place looking for this modification. This has been submitted to zoning, and there's obviously no issues associated with zoning. Is that your understanding. That's my understanding. And in terms of in terms of overall. This particular application. Do you see it having any? If it granted the modifications granted, do you see it having any adverse impact on the health, safety, welfare, or morals of the surrounding neighborhood, as depicted in the boundary that's been given to. No, I don't we? In addition to positing all alcohol in a highly visible locations. And you know, I mean, we're a team 104 here at the store in 8,000 square feet. So you can't walk very far before you run into a team member. Everything's going to be a really visible location. We also employ a private security service that would help help make sure that we're not seeing any kind of Lpi concerns.

[121:22] Good. Is there anything else you'd like to tell the authority that I have not asked you a question about. No, just again, we're aware we're aware of the support for boulder wine merchant. We we are supporters of boulder wine merchant as well, and and not looking to do them any harm. We really are just trying to stay relevant and answer the the ask of the community. I appreciate that I would tender you to the authority for any additional questions they may have. Thank you. Thank you so much, Kevin. Thank you. Are there any questions from members of the authority for Cole? Pretty either? Thank you for your testimony, Mr. Coats. Any kind of final statements.

[122:01] I don't think so. I don't think we need to call Mr. Cresswell, but at this point I don't have any additional witness. If you want me to make comments, I certainly can do that. No, alright! I think we're ready to close for deliberations. Then members of the authority. do we have a motion. I mean just to deliberate with the other members of the authority. I I just just hearing the testimony here. Just seems like everything is so in place in terms of training, and how they're managing this modification. So I I just can't see a way to not approve this modification. It's everything's well in place. Despite. You know what we see in some of the needs and desires petitioning. I just can't see there's no, they're they just they're doing it everything. They're doing everything right. And there's no way to not allow a responsible vendor to go ahead and and move on to this next step for them. So I will then go ahead and make a motion to approve this modification of license.

[123:08] Member Carr will second the motion all in favor. Member Carr. Aye. Remember Epsilom, I. Alright, so moved. Thank you for your time. Appreciate it. Happy holidays, merry Christmas, happy New Year! And we'll see see you all next year. Thanks. John. Too much. Thanks a lot. Thank you. There's no waiting. All right. Next we have agenda. Item 9. Public hearing and consideration of an application filed on October 10, th 2024 from fringe pizza, Llc. Dba. Fringe, a well tapped eatery. 2, 9, 0 0, Belmont road suite, a 1. Boulder, Colorado, 8 0 3. 0 1 Dewey Brown, member, Lisa Lund Brown, Member Whitney, member, and Nathan Rajoy, member and registered manager with a premise business landing address for a change of class from a beer and wine type, liquor license to a hotel restaurant type, liquor license.

[124:16] and if you're here to speak on this matter, please go ahead and raise your hand, and I'll let you in. Okay, and then and yes, and Miss Garrison is also here to up here for this matter, and I will just put on the record again that she has been sworn in earlier in the meeting. And Whitney, I see you're present, and it will anyone else be joining you. Yes, Dewey Brown should be on here as well. Buddy Brown.

[125:00] Great. So whoever would like to testify and you're not represented by counsel. Is that true? That is true. I will go ahead and swear you guys in, and then I'll hand it over to the authority. So, Whitney, I'll start with you. If you'll say your name, spell your name and give an address for the record. My name is Whitney Rajat, WHIT. NEYR. A, JOTT. E. The address is 2,900 Belmont road suite a 1 that's Boulder 8 0 3 0 1. Thank you. And then, Mister Brown, if you'll do the same, say your name, and spell your name for the record and give an address. We can't hear you, Mr. Brown. I see you're unmuted, but we can't hear you.

[126:47] Let's see if it's helpful. There is a call in number, and I'm happy to forward. I'm happy to forward that if needed.

[127:20] Winnie, if you're okay, we can proceed. And then, as soon as Mr. Brown gets on. I can swear him in and all that, if that works for you, or if you prefer to wait for him, that's fine, too. No, that's fine we can get. We can go ahead. Okay, great. I'll just continue with your swearing, and if you'll raise your right hand. do you swear or affirm that the statements you are about to give before the beverage. Licensing authority are true. Yes, I swear. And do you swear or affirm that the premise has been posted for at least 10 days prior to today's hearing? Yes. Okay, amazing. Okay? And then, we also again have Eva Garrison from Liquor Post, who has already been sworn in. So I will hand it over to the authority, and then, once Mr. Brown gets in, I'll swear him in.

[128:05] Okay. And Whitney. You're not represented by Council today. No. Okay? So then, I'm going to go ahead and read the hearing procedures into the record. This is a public hearing before the beverage, licensing authority at the city of Boulder to determine whether the application of fringe pizza Llc. Doing business as fringe a well tapped eatery for a change in class of from a beer and wine type, liquor license to a hotel restaurant type. Liquor license shall be granted or denied. This hearing is grant 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 reach the conclusions required to be made by State law as to whether or not the license applied for this license shall issue

[129:06] interested parties of the applicant residents of the neighborhood under consideration, and the owners and managers of a business located in the neighborhood under consideration for purposes of determining who is an interested party. At this hearing. The neighborhood under consideration is the neighborhood previously defined by the authority. the authority shall make a final determination of the affected neighborhood prior to determining whether the license shall be issued the changing class shall be issued. Any interested party may speak to the question of the neighborhood designation, as well as any information relevant to the granting or denial of application. A record is being made of these proceedings, and those who wish to do desire to be heard shall identify themselves by stating their name, spelling their last name and stating their pertinent address. They shall also be sworn in by the board. Secretary. Does anyone on the board here have a conflict of interest, or any ex parte contact. Regarding this item. member card no.

[130:01] Remember Absalom, no. Member Haggerty, now. Thank you. Are there any members of the general public who wish to supply comment. not seeing any. Okay, perfect? All right. So, Whitney, are you ready to proceed. I am. And sorry to interrupt before we proceed too far. Looks like Mr. Brown was able to get back in. I miss your bank. Okay? Great. Yeah. Yes, I'll just go ahead and swear you in real quickly, and then we'll move on. We, we will attest to the fact that I'm not real bright as far as this is concerned. So. No, you're definitely not the only one happens all the time. Okay, if you'll just say your name and spell your name and give an address for the record. Dewey, brown DEWE y BROW. N. 2,900 Belmont road suite, one boulder, Colorado, 8 0, 3 0. 1.

[131:06] Thank you, and if you'll raise your right hand. do you swear or affirm that the testimony you're about to give before the beverage? Licensing authority is true and correct. I do? Thank you. Sorry for the interruption. Go ahead. Thanks, Whitney, you can go. Proceed. I'm sorry. I proceed. Now, yeah, we. We're filing for a change of class license. We currently have a beer and wine license. And really just due to customer. Ask customers asking us often to extend a full liquor license, and you know, also a revenue stream as well. That's why we are asking for this change. Okay, awesome. Dewey, is there anything you'd like to add to this.

[132:01] No, that's that's pretty much it we've we've had. We've been open for years. well, a few years, and we just have customers frequently asking for full liquor, and we're trying to kind of eliminate the veto vote from people coming in where someone in the party wants to have a cocktail. Perfect. Okay, thank you. Are there any questions from members of the authority. This is member asked so much, had a question just to remind me, this is your license. You have the self serve beer there right. The. We do? I just recall that as being a really interesting concept around responsible alcohol service, you haven't had any infraction. So it sounds like it's going? Great! How's that going. It's working out really. Well, the we opened during Covid, which was fun and so what was interesting is

[133:05] during Covid. We couldn't do a lot of self serve because you have to wipe down everything between guests and all that. So we did a combination of table service versus hey? You can go to to the wall and serve yourself. and it's worked out great, and we're still doing that. So we still have the guests that use the wall, and we are able to. We have to scan their Id before they can use the wall. So we know they're they're of age. And and then at the table. If we have to card, we have to card. So we're doing kind of a hybrid service, and it's worked out wonderful. Well, I really commend you on that. I think all of us on the board were a little bit wary of a self service alcohol program, and you've done it well and responsibly. So continue that with the policies you have in place, because when we 1st I was thinking about when we 1st saw it, I was like, Oh, my gosh! People can serve their own beers, but you've managed it correctly and legally, and really wanted to just send you some some accolades for that. So thank you for doing that in our in our community.

[134:10] Thank you! I have nothing. I have one question. Will you plan on having pre-mixed cocktails as part of the the beverage wall? Also. Potentially right now we do not. But it it is when when I say, Pre mix, we might have the mix on the wall, but not the alcohol in the mix necessarily, where we would pour the pour the liquor, and then add the mix. Got it. Thank you. Any other questions from the authority. Okay, thank you. Ms garrison. I'd like to invite you to testify. Yeah, thanks, cherikar.

[135:00] I do understand once again that I am still under oath, and I apologize. Caitlin, I didn't know if you asked on the last one I did want to confirm on the last. I know we're over with it, but we did post the premises on the last license. I know that normally you folks ask, and I don't recall giving that information, but just wanted to get that out of the way we were hired for this particular license, application for fringe, a well tapped eatery for their change of class, from a beer and wine type, liquor license to a hotel and restaurant type liquor license. Once again we 3rd party. We do not guarantee results. We were provided with the packets that actually did explain the change of class to a hotel and restaurant type liquor license. The cover page did state already that they had the beer and wine. Everybody around that area were very familiar with these folks. You can tell that this is one of those locations that folks walk to walk back home from. If they're going to partake in any sort of alcohol beverage folks. Yeah, everybody kind of knew who they were. We did petitioning on December 3rd and December 4th of 2024

[136:19] made attempted contact with 421 business owners, managers, and residents inside the area, and obtained a total of 120 signatures. 50 were from business owners and managers. We once again let other folks know what they were trying to do inside the area. Everybody was good. With that, all 50 signed in favor at 100%. We then obtained a total of 70 residential signatures, 65, signing in favor at 93% and 5 opposed at 7%. Once again asking these folks to write in why they're in favor or opposed the reasons for opposition. We focus on right now. 4 declined to provide us a reason. So we count those reason that that is a valid opposition. One stated that there was a, I believe, an overflow into public parking into the residential areas, which was a concern.

[137:10] We listed it. But honestly, it doesn't really change the percentage. All that much, just the raw numbers. They had 96% signing in favor and 4% opposed. There are 13 other license types inside the area. The 96% clearly shows that there is a need and desire for this hotel and restaurant type liquor license in the area, and that the existing outlets have not yet met that need. Thank you. Scarcelyn. Thank you. Any questions from members of the authority. No questions. Thank you for your testimony. Alright. Thank you. With that. Are there any, I guess? Final comments from either you, Whitney or Dewey.

[138:00] I'm good. Alright! Great and we'll close for deliberation. not seeing anyone else here to speak on the matter. Members of the authority. Any thoughts on this motions. you know. It seems like, you know, my, my perspective. They've, you know, been running this business. They already have a liquor license. They haven't had any issues. This is, you know, gonna allow them to expand out to meet more customers. And you know. seems like everything else is in place. I don't see any reason to deny the change in class. I just thought your question member car was really good about. are those cocktails gonna go to the wall? And I thought that was answered, answered very well by the licensee. I'll make a motion to approve this change of license to a hotel restaurant type. Yep. Motion seconded. Perfect, all in favor. Member carp. Remember Absalom, I. Remember Haggerty yet. So move.

[139:01] Thank you all for being here. Thank you. Guys. Guys. Happy Holidays. Happy holidays, thanks, everyone. Thank you. Okay. Thank you. Everyone. We'll move on to agenda. Item, 10 matters from city attorney. I don't believe that Christiana had anything for you all. That's right. I don't have anything for the Vla. Thank you. We will move on to agenda. Item 11 matters from licensing clerk. I have 2 boundary settings for you for the January 15, th 2024. Let me share my screen. Okay, the 1st one is for El Taco, Imperial de Texcala, Llc. Dva el Taco, Imperial Del Texcala, 2 8, 5, 0 Iris Avenue suite, H. Boulder, Colorado, 8 0. 3 0. 1 for a new hotel restaurant type, liquor license. I could not find any good, suggested boundaries for this location. Unfortunately, so

[140:19] I'm sorry about that. But I'll have to go by scratch. Let me know if you need to zoom in or out more. What about how far away is like Chaz Louis from there. Oh. it's down. Looks like down the street down here. Do you want me to see if I can find. I'm just. I'm just wondering if that's the closest.

[141:00] There was technically the closest is the boulder cork, but they were approved like many, many years ago. it was hard for me to find it. I think we can set. Could you zoom out again. Yes, of course. I'm I'm thinking, maybe, like Broadway to the west. I don't know. Let's see, what's the north Can you go up a little further. maybe J. To the north. Yeah, I think J, makes most sense. North. Yeah, and then around to go to the south. Go ahead. Were you guys see something? Brendan? Yeah. I think. Arapa, the South J, the north

[142:02] and you mentioned Broadway, Broadway. That's a big area. Yeah, it's pretty far. I think maybe maybe 19th or something I can. 19.th Yeah, and then you could just close it off at foothills. There. Yeah, agreed. Fall hills on the east. Yeah. That makes sense. J. To the north, Arapahoe to the south, foothills to the east, and 19th to the west. Good. Sounds good, doing the motion. Yeah. Member absolute will make a motion to approve the boundaries. Over car will side of the motion on Tabor Member Carr. Over Absomai. Raggerty, Eye. Thank you. And here is the next one. This is for Nepal House, Llc. Dba. Nepal house and cuisine, 4, 7, 2, 0 table mesa drive, C. 100 boulder, Colorado, 8 0 3 0 5 for a new hotel restaurant type. Liquor license. I do have suggested boundaries for you, and this is from Southside Walnut Cafe, which is at 6 7, 3 South Broadway Street, and they had Dartmouth to Broadway on the North city limits to the south

[143:22] highway, 36 to Moorhead, to the east, and city limits to the west. Maybe we should expand it on the east, because this is further east as well. I agree. I think you should go over foothills into that neighborhood there. Yeah, I would say, like city limits on the east. Yeah. Why not? Because you want to get all those neighborhoods there. Yeah. No problem. so that would change it to Dartmouth, to Broadway on the north, and then city limits on the south, east, west.

[144:04] Yeah. Sounds good to me. Make a motion to approve the the boundaries. Go ahead. Member car will second the motion. Thank you. And all in favor. Member Carr. Aye. Remember Epsilon, I. Never had. Pretty. Yeah. Thank you so much. There was one administrative processing of a liquor license transfer for this month, which is included on your agenda for bakehouse, Llc. Dva. Dry storage at 36 0, 1 Arapa Avenue. There was no breweries, wineries, or distilleries. You have your special event. Permit list in there and then you also have your license renewal sent list. There is a memo regarding board recruitment and the dates for that, and then you'll also be getting a separate email like a recruitment email that'll be going out. Please feel free to forward that to anyone who you think might be interested. There are 2 seats. Opening for this recruitment cycle.

[145:00] yeah. And if there's no questions about any of that or any other info, we can move on to agenda. Item 13. Yeah. And I think for agenda. Item 13, Mike, you and I should probably hold off on that until the other members are present. Yeah, I think once we have all of us, because that's kind of a a bigger deal. And Yeah. Then, now that we're we're talking about things amongst amongst the members. You know, I think as these come up, we specifically saw a modification today. The the thing that you know, the member that both Mike and I are working on right now is going to be more and more important as we move forward. So we're all members of the authority. Right? I'm on the right. I'm allowed to chat about this right now. Yeah, we're on agenda. Item, 13 matters from chair and members of the authority go ahead. Cool. Yeah, I'm just making sure. Yeah. So just around us being here, the 3 of us today. more and more of that's going to come up. So we will present that once all 5 of us are available, and when we have board, recruitment and things change, I just want to make sure that as we move forward, everyone understands the the relevance of this issue because it's huge.

[146:14] Yeah, I agreed. And and and this may be something we even dig into deeper at our retreat, which is kind of another thing we want to continue to to to well, I guess we will think about that in January when everyone's present. But finding some dates for that. Yeah. And you know, also, seeing, you know, results from Waffle House in terms of the machine work. You know, the Id check machine working like, there's a lot of things that we've been talking about that are actually happening faster. And you know, obviously, I'll leave a a statement before I leave the board. If someone actually takes my someone actually gets recruited. But you know, there's a lot of things that we've been through in these last couple of months that are big deals for our community, and I'll call service. So really happy and props to Vice Chair Carr, for running a great great hearing today.

[147:05] Thank you. Thanks. Motion. I'll make a motion. Like. Yeah. well, you're up next brand. And I think, actually, it goes. You're the next in the pecking order to be the vice chair. I'm not about exactly how it works anymore. But I'll make a motion to to call it here. Member car will second the motion. All in favor. Member card. Remember Absalom. On record, yeah. Hey! All right, and. During. 5, 30, exactly. Bingo! How we planned it. Alright, thanks, guys. See you in January. Happy Holidays. Take care, bye, everyone, bye.