February 19, 2025 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:03] Alright call to order the beverages. Licensing authority. Hearing for Wednesday, February 19, th 2,025 at 3 Pm. Thank you. I will begin with sharing the instructions for world jury hearing and rules of decorum. I'm just gonna share my screen. The city has engaged with community members to co-create a vision for productive, meaningful, and inclusive civic conversations. This vision supports physical and emotional safety for community members, staff and board and commission members as well as democracy. For people of all ages, identities lived experiences and political perspectives. More about this vision and the projects. Community engagement process can be found on our website, Boulder, Colorado, Gov.

[1:05] The following are examples of rules of decorum found in the Boulder revised Code and other guidelines that support this vision. These will be upheld. During this meeting all remarks and testimony shall be limited to matters related to city business. No participant shall make threats, or use other forms of intimidation against any person. Obscenity, racial epithets, and other speech and behavior that disrupts or otherwise impedes the ability to conduct a 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 for general public comment. The chat function should only be used for technical questions to staff, and it should not be used for public comments. And that is the Q&A function. In this case you have a technical question. Please go ahead and put that in the Q. And a. Otherwise it's not to be used for public comments. Okay, next we will move on to roll call. If you'll just speak your presence aloud.

[2:03] Chair, Matt. Califano. Jerry Califano, present. Thank you. Member Mike Absalom. Member apps and present. Thank you. Member Brendan Haggery. Ever Haggerty, Present. Member Leah Roberts. Member Roberts, present. Thank you so much. And then Member Card did let me know that he will be about 30 min late, so he'll come as soon as he can. Next, we have approval of beverage licensing authority. Minutes from January 15, th 2025. Did any members have any edits to those not seeing any? Is there a motion? Amber Califano would move to approve the minutes, as is. Remember, Absalom, seconds, that motion. Stragger. Did you have something. Nope. Great, all right, all in favor. Say, aye, member, Califano. Aye.

[3:00] Member, absolute. Member Haggardy. I. Member Roberts. Aye. Thank you so much. Next we have agenda. Item one V, which is hearing agenda issues from the licensing clerk, and I'm going to hand this one over to Roberto, so we can bring something to the board. Thank you. Members of the bla well, I do not know the specifics. We, as in your staff, were informed that there is a request for a summary suspension hearing concerning one of your licensees. Chicken on the hill. So we will hold a hearing. And I think chair. Califano has the details as far as how we're gonna conduct the hearing. But again, I do not know the hearing the nature of the allegations. Only that they refer to violations of our code. So we will proceed with that, because this is a summary suspension, and

[4:17] if found. If founded, I will need to start working on an order. As we progress through this hearing. Great, so I will go ahead and read the proceedings into the record. The purpose of this hearing is to determine whether chicken on the hill who currently holds the liquor license should have that license suspended for up to 15 days for either violating the law, or because there is a threat to public health. I note that no notice was provided to licensee as a suspension is a summary suspension. Hearing, and no notice is required. Pursuant to 13 of our rules of procedure. the Bla will allow the prosecution to put on whatever evidence it believes is necessary.

[5:04] Once that happens, the Bla will deliberate to determine 2 issues. one. Whether there is reasonable grounds to believe that the licensee is guilty of a deliberate and willful violation of any application, law or regulation pursuant to 13, one. and 2. Whether there is reasonable grounds to believe that the public health, safety, or welfare imperatively requires emergency, action pursuant to 10, dash 3, dash 2. So at this point I will go ahead and turn it over to the city prosecutor. Good afternoon, members of the Bla. My name is Chris Reynolds. I'm a deputy city attorney in the city attorney's office, and I work over in the prosecution section at this time I'd call Officer Leah, Rec. Of the Boulder police department as my witness and yeah, officer wreck if you would.

[6:04] Well, I I guess. Chair, Califano. Would you mind? Perhaps swearing her in. Yeah, Caitlin, can we get her sworn in. Absolutely, Officer Rockefell, raise your right hand. Thank you. Do you swear or affirm that the same insurance about to give before the beverage licensing authority are true and correct. Thank you. And if you'll just give your full name and position for the record as well. Yup. My name is Ch, and I'm a peace officer with the city of Boulder. Officer wreck! It's a little hard to hear you. Oh, gosh! Okay, let me see if I can get my. That's okay. We just had to move to a new office. So is that any better. There you go! That's better. Okay, you want me to do that again, or did you hear that. Yeah, if you'll just say your name and position one more time. Okay, I'm Officer Leah. Rec. With the city of Boulder Police Department.

[7:01] Good afternoon, officer. Reck. Hi. Officer wreck. I know that the bla is familiar with you, but we got to build a record here. What do you do? Right now, I'm currently the alcohol Enforcement officer for the police department. And how long have you been the alcohol Enforcement officer for the Boulder police department? This I am on my second year. So for a year and 2 months. What are some of your common duties as alcohol Enforcement officer. I take I guess I should say I enforce the liquor laws within our liquor license establishments. I meet with officers who share concerns or questions that they have about establishments or liquor within the city of Boulder. And are you familiar with a liquor establishment commonly known as chicken on the hill. Yes, I am.

[8:00] And do they have a hotel, restaurant type, liquor, license. Yes, they do. And Is there a legal entity known as the Panko Corporation? That is correct. And is there like liquor. License number 0 3. Dash 1, 6, 1 0 9. And it's chicken on the hill operating in the City of Boulder, State of Colorado. Yes, they are. Can you tell the members of the bla? How is it that you are familiar with chicken on the hill? I'm familiar with chicken on the hill. One, because they're one of the like, I said. The only 3 license establishments within the city. I've responded to calls for service there as well as met with the owner. But most recently it's been a lot of calls for service from my coworkers. And so what sort of what sort of incidents generated these calls for service.

[9:00] So over the past year we've had probably 58 calls for service there, and that's a there's a plethora of calls there that happen, and it can be, you know, calls from id disputes to burglaries, to medical calls, to just officer initiated contacts to noise, complaints, and things like that. I'm just backing up a little bit. What what does call for service mean? That is, when a and it can be like, I said, officer initiated, or a community member, or maybe even an employee of an establishment. A citizen. They call into our dispatch and request a call, a police officer respond, or some type of a response, whether it be a phone call, or an officer in person. And in your position as the alcohol Enforcement officer for the Boulder police department. Are you concerned with what's been going on at chicken on the hill?

[10:00] I'm very concerned. Why? Why is it that you're concerned? Based upon the types of calls that have been coming in, and the documentation that I have seen from the officers. This becoming. It seems like a pretty big safety concern to not only the patrons, the employees, the citizens, the officers. And now I'm gonna walk you through, or you're gonna walk the board through some of these incidents that you've been referring to. and about how far back, would you say, like good documentation from officers, goes with regards to incidents at chicken on the hill. So When I started to I I started hearing from officers, probably in the fall that name kept coming up, and so I asked the officers to start documenting these calls. Because I wasn't there at night. They're the ones who are there experiencing it. Handling those calls so around September is when I started

[11:14] getting a lot of these calls. Whether it was in a case report or whether it was an email or whether it was verbal. But that's when I started getting those calls coming to me that we documented. Are you familiar with an incident that occurred at Chicken on the hill on September 13th of last year? Yes, I am. Can you tell the bla a little bit about that incident? Absolutely so on September 13.th And I'm going to review to some of my notes if that's okay. On September 19, th Officer Diaz and officer nettles responded to a medical call. Up and on the hill, and it was a 19 year old female that had been over served at chicken on the hill. She was lying on the sidewalk directly in front of the business.

[12:01] I want, and so this is all. I was watching their body worn camera. I just wanna make sure that that I am explaining where I saw why I'm saying I saw, I observed. So in the body worn camera footage. I saw the unconscious female. She was on the floor. There was the owner of the establishment. Jared, who, I know, is Jared Wu was outside, along with a couple of his security personnel who he'd hired. And then there was another female, and then 2 other males standing with the unconscious girl, and after some investigation the officers learned that she was 19 years old, and that she had got in with a fraudulent Id, as were the 3 people who were around her. They were also 19 years old, and had made it into chicken on the hill with their fraudulent ids. She had 2 shots before she even entered to she 2 shots of alcohol. Let me clarify that, and I do not know what type of alcohol that was prior to

[13:03] going over to the establishment, and when she was there she had consumed 4 shots in 2 beers. so I reached out to Jared, and I asked him for the video footage of that incident, and I was able to see that at 1154 she entered into chicken on the hill on her own accord. And then 1 h and 16 min later is when the medical call came in where she was unconscious out front. So her the witnesses or her friends are the ones who said yes, she drank, while inside in 1 h, and less than 1 h and 16 min, 4 shots and 2 Beers. She was also transported to Ulver Community Hospital, where she was put on an alcohol hold until she was able to take care for herself. Are you familiar with an incident that occurred at Chicken on the hill on October the 4th of 2024. Yes, that incident. I received an email from Officer Stevens, who's 1 of our neighborhood impact team members. So that what that means is that his area that's his assigned district. He said he was contacted, or he contacted a very intoxicated female tonight who admitted that she was consuming alcohol at chicken on the hill at 19 years old she was taken again to Bch

[14:25] by Amr. Amr is our medical, our ambulance service. You couldn't find a fake id on her, but she, her friends, friends that were with her, admitted that they were consuming alcohol at chicken on the hill again. She was 19 years old, passed out, and vomiting when the officer made contact with her. And officer wreck. Are you familiar with an incident that occurred on October the 12th of 2024. Yes. Chicken on the hill. I'm sorry. Didn't mean to cut you off there. On October 12, th Officer Diaz wrote an email to me that they were called to a sorority house on an intoxicated female, and this is around 3 o'clock in the morning. She was being held up by some of her sorority sisters and vomiting to a bucket. She was unconscious

[15:17] in and out of consciousness. I should say she was 19 years old. Her brother showed up at the Sorority house and admitted that they were consuming alcohol 1st at one other liquor establishment that they ended up finishing up, I guess you could call it at chicken on the hill. She did have a fake id on her, which the officer collected and was in evidence. She was transported to Boulder Community Hospital. In the last 3 incidents. these are all. Is it accurate that these are all different? 19 year old females, because they they've all. not the same person. Okay. We'll go back. Are you familiar with an incident that occurred on November the 3rd of last year at Chicken, on the hill.

[16:03] Yes, on this incident, on November 3rd I was alerted by 2 other officers, Officer Johnson and Helmy, who were just on a foot patrol in the alley behind Chicken on the hill, where they observed a male who was standing there, and he went to lean up against the vehicle, and he fell over. So they made contact with him, and after their investigation, as they were talking with him he was stumbling. He was slurring his words. He had an odor of alcohol coming from his breath. They finally discovered that he was 19 years old, and that he admitted to consuming alcohol at chicken on the hill. And officer reck in your job as alcohol Enforcement officer in talking to officers and community members reviewing reports and the such is it. Your opinion that chicken on the hill is kind of known amongst the young people here in Boulder as a place that's easy to get served if you're underage.

[17:05] Yeah. So that actually comes up in one of the calls. Another one of the calls that we took more recently that that was that information was freely given to an investigator. That that's the known information amongst the college kids that that's 1 of the establishments to go to to get in very easily, to consume alcohol. And are you familiar with an incident that occurred on November 20 second at Chicken, on the hill last year? Yeah, this is where Officer Stevens, he's again the neighborhood impact team officer. This is about 1 25 in the morning. On the 20 second. He said that he came across an unconscious female and found a chicken on the hill. She had been served at Chicken on Hill. She would use the fake id to get in and then I actually reached out to that female a couple days later and asked her a little bit more about what happened since she was transported to the hospital, and she admitted that she, along with 4 of her friends, 3 of her friends, Nope. It was 4 of her friends.

[18:14] all 18 years old, had got into chicken on the hill with her. She said that she purchased a red bull and vodka from upstairs, and felt sick within about 15 min. And then she said she didn't remember anything until she woke up in the er and I also did speak with her dad later, and they said that they didn't do any blood work. They did. just to make sure that there she wasn't slipped any drugs or anything. The hospital did not do any blood work. They did not believe that she had been slipped any drugs or to cause her to go unconscious so quickly. Thank you. And then, on December 8th of last year, are you familiar with an incident at chicken on the hill. Yeah. Another officer, officer, Prince, took a phone report from a 17 year old female

[19:03] who told her that she and her other high school, or her friend from high school, who is 17 years old, had consumed a shot of tequila while at chicken on the hill they were both able to get into the establishment with their fake ids. After consuming a tequila shot, she went back to her dorm, where she felt extremely sick, and asked for an ambulance to be called, where she was transported to beach, where they did some further testing again, to make sure that to verify if she had been slipped any sort of drugs based upon. Unfortunately, we don't have that the results of that back because, Cbi, it takes them about a year to get back drug information on a case like this, so we won't know that. But again, 17 year old, female, along with her 17 year old friends consuming tequila cats chicken on both. Then moving into this year on January 16th of of this year? Are you familiar with something that occurred at chicken on the hill.

[20:07] Yes, This is a call where an officer was doing some patrols. And he noted a huge, a very large crowd in front of chicken on hill out to the street, large, like. Almost look like the guy should call them all crawl. I called them all crawl it was a lot of people in front of the business waiting to get in and so he He stopped, and he was trying to tell people that they needed to leave the area, and nobody was listening, so he called for some cover officers to respond. 9 officers responded to try to get that crowd under control? so that they could. You know we could have our the sidewalk back. And most of the officers were there for about an hour

[21:03] this is also the call, and if you want to talk about the walkthroughs that were conducted at that time, another officer reported to me, that he he was one of the 9 officers that had responded to that call, and he was monitoring from afar. So there were so many people waiting to get in that people inside the establishment couldn't get out the doors open towards the outside. So there's 2 glass doors that opened out, and because of the crowd standing outside, the patrons that were inside couldn't get out, so they were stuck. So the officers had to get in there and get the crowd under control, so that the people inside the establishment could get out if they wanted. During that walkthrough one of the another officer was advised, and he he wrote a report about this, too, that as soon as they got inside he immediately contacted a kid who was 19 years old, drinking a alcoholic beverage. He seemed his fake. Id issued the ticket.

[22:10] They I'm trying to read the rest of this report. This one's a long one. let's see here, he said, that they conducted a walkthrough in hopes of spinning out the crowd inside. It was extremely crowded in there. He said, just as make sure I'm getting this one correctly. Yeah. So this again, this is the call where they had to talk to the owner. They told them. We're not shutting your business down, but you need to get this under control. There was a lot of people. he said. He estimated, over a hundred students were in line. And I'm trying to find the number where it was inside.

[23:05] I think at that point that was spinning up inside based upon that call and that information that I got. I think that that was a pretty huge officer, safety concern to me. I asked the sergeant, who's in charge of that neighborhood impact team to conduct some walkthroughs at the liquor licensed establishments on the hill, and not not just that one, but all of them just to, you know, to kind of get an idea about what's going on. And officer wreck. In the report of the January 16th large crowd at Chicken on the hill. What was dangerous about the large crowd were? Were people falling over, or anything like that? Yes, I apologize. That was the other thing that was reported was, the crowd was, if you will, swaying back and forth. So the people in the back were pushing the people towards the front people. A couple of people had fallen down and were stepped on, and that's again why there were so many officers there to try to get that crowd into control and make sure that everybody was safe. Again. It took quite some time

[24:11] to get the crowd dispersed enough to where it was safe. What is the does? Does chicken on the hill have a posted occupancy? So inside the premises. Yeah, inside. And that is something that I learned. After I asked for those walkthroughs, I specifically asked the officers to look for posted occupancy signs, and inside the door they have an occupancy sign posted up. Officer wreck. Are you familiar with an incident that occurred at Chicken on the hill on January 28th of this year? On January 20. Mr. Mr. Reynolds, I I don't think the audio caught the answer to officers. Re Officer Rex. answer to your question as as far as a specific number.

[25:05] I'll I'll ask it. I think I heard it, but I'll ask it again. officer, wreck! What was the you were talking about occupancy. and my question was, Is there a sign inside of chicken on the hill that states the maximum occupancy. Yeah. Can you hear me? Okay. I I can hear you. Okay the posted occupancy inside the door is, what is written on the wall is 74. I'm sorry. 72. So 72 is on the sign Inside of chicken on the hill. Right. Is that accurate? Thank you. And so, moving on to the the next incident here, January 28th of this year, are you familiar with an incident at Chicken on the hill. Yes, this is actually C, Upd's case. And this is it's currently an open investigation. So there's not a lot of information that can be shared. It's dealing with an 18 year old female and a 19 year old female who were consuming alcohol at the Hill and there was an assault that occurred afterwards. So the investigator is trying to get additional information about

[26:24] the individuals that had gone into the business at night, and there's not a lot of records there. So that's again an ongoing investigation right now that is dealing with an 18 year old and a 19 year old female who are consuming alcohol. And the nature of that assault? Is it like a 3rd degree, assault. It's a sexy salt. And ha! I know that you have limited information. But the information that you've been able to review from the University of Colorado Police department. How is it that they were able to gain access to chicken on the hill.

[27:01] They had fake ids that they used. Those haven't been recovered, but they admitted to that. And are you familiar with any statements that they made in terms of why they chose to go to chicken on the hill. That is the statement I was talking about earlier, where when talking with one of the people involved, they said, and this is a quote. We wait. We had to wait in line to get in, because it's busy all the time. Everyone knows it's the easiest place to get in when you're under 21. Moving on to January 31st of this year. Are you familiar with an incident on that day. Yes, that is where Officer Stevens and Officer Myers. He's also one of our neighborhood impact team officers conducted a walkthrough or we call it a Walkthrough inspection at Chicken on the hill. That's where Officer Stevens reported to me that he saw the occupancy sign posted of 72, but he said they counted approximately over 200 people inside the establishment.

[28:07] Is that concerning to you. Oh, go ahead! Is having 200 people inside of the establishment concerning to you. It was very concerning to me. And he also described the inside of the establishment to me, which is not that he said that the tables had been on the main level. So it's 2 levels, the main level. All the tables had been pushed up against the wall. And then on the upstairs. There were no, there's no furniture upstairs. It had been turned into kind of a dance area. And why? Why is the moving of the furniture significant to you? Well, it's significant to me, because of the amount of people that are inside of the establishments, and how crowded it becomes. again. I, after watching that video. So once I was alerted to that information, I watched the video and it was clear to me that there was. There had been physical changes compared to

[29:08] what the layout looks like that had been submitted to licensing for for the layout. And Officer Stevens was also told by the owner, Jared, that they had the fire marshal come out and do an occupancy load without the furniture there as well as an occupancy road with the furniture there. And so that's why, like I said, it caught my attention, and I watched the video. Where I saw not only was, the furniture moved, but right inside the front door a new wall has been built that is not on their floor plan and on the other side to the wall. When you walk in directly or immediately, you have to turn to the left to get into the establishment. As you walk in further again. The tables were all pushed up against the wall, where they were set pie with empty plastic cups.

[30:02] When we walk. When they walked up the stairs. You could see that there was no furniture up the stairs. Quite a few people. And then there's a back patio area on the second floor. They walked out that back patio, and as you look over the edge I could see down on the main level that there had been an area created for more people again, not on their license plan. There were tables out there, there was alcohol sitting on the tables, and there were people out there consuming the alcohol. And so I again confirmed that that is not a permitted area. And I have now learned that's not even an area that anybody's allowed to do. It's not even that. It can't be any type of occupancy out there at all. Our liquor licensees allowed to modify their premises. So that they're different from what was approved by licensing. They would have to submit a request for modification, and I confirmed with licensing that that has not been done.

[31:07] Are you familiar with any incidents in our country where people were injured or lost their lives because of over occupancy, above what the fire code allows. Absolutely. And that's, I think, what is so concerning to me. Is those horrific incidents where fires break out, or they have some sort of a mass incidents. a shooting, if you will, and people are hurt or injured, not only inside the establishment, but trying to get out there when there's so many people there plus medical trying to have medical. If there's ever a need for somebody to get inside, say an ambulance or the fire department. It's difficult for them to get in when there's that many people. Thank you. Moving on to February the second of this year.

[32:00] Are you aware of a an incident that was reported. February second, that that was where Sergeant Marquez. He's the sergeant again of the neighborhood impact team, and that is his area. He was on foot patrol. What foot patrol recall is where they're just out walking around just doing patrol, just not for any specific reason, but because maybe the area is busy or it's an area of high call volume. He was out on patrol, and he happened to walk by the line of the people waiting to get in chicken on the hill, and there was a underage female or a female, who was holding an open container of alcohol, which is not allowed within the city. So he contacted her, and again she had a fraudulent id on her. She's under 21 years old, waiting to get into the establishment, so she was issued a ticket for that violation. Thank you. In February 7th of this year.

[33:02] On February 7, th trying to find my moments here. Oh. again I, February 7.th this is where the officers were conducting a walk through. Here we go. I'm sorry I had to get. I had to find my notes on that one February 7.th This is where they were. Officers were conducting a walkthrough chicken on the hill was less crowded. When they entered they immediately saw a girl who did not appear to be 21 they contacted her. She was 18 years of age, with a fraudulent Id on her as they were walking through the establishment, it cleared out because they saw that the officers were writing tickets, and the majority of the crowd inside the establishment left.

[34:11] And then the last incident that we'll discuss here. February the 14.th February 14.th This is officer Stevens conducted a walkthrough February 14.th There's 2 walkthroughs that are actually completed, because when officers that work that shift. They work 5 Pm. To 3 am. So there can be 2 walkthroughs that actually look like they're completed on the same date. If that makes sense and so, February 14, th there were 2 walkthroughs, but the one that I would like to talk about is they completed a walkthrough they spoke with security at the front of Chicken on the hill, who immediately radioed to the other employees that the officers were getting ready to conduct a walkthrough

[35:04] as they were conducting their walk through, and there were quite a few officers that did this one. They were notified about an unconscious female in the bathroom. Who was she? Was in the bathroom. The officers made contact. She was not not able to answer questions. They had to contact the ambulance where they did determine that she was 18 years old, and she was there with her friends, who were also 18 years old again. She couldn't answer questions correctly due to the level of intoxication, and she had to be transported to Boulder Community Hospital, and also they said that it appeared that there were people being let in through the back entrance which is not allowed. That's why. What crowded was the the bar that night? Were there any occupancy concerns? On the 14.th So the the night before that. So I'm trying to find my notes for that the night before that the the officers as we're trying to nail down 100 what the occupancy rates or levels are which has been done? By the way, that has been done for chief fire, Marshal Lowry and so it was. The

[36:20] Security was noted on the night before that they, the occupancy, was fairly high. And that they needed to send the crowd out. And again that night they were. I'm trying to see if I can get me some specific numbers. The officers believe that there were about 125 people in the bar that night. That was an estimate of how many people, and again their posted occupancy sign is still 72. That's assignment still has to come.

[37:01] Officer wreck. Are you aware of how many investigations Tupd has had in the last year, involving allegations of students drinking underage at chicken on the hill. Yeah, see if he just had. Let me make sure I give you these correct numbers. And this. And I originally wrote that it was in the last year, but it's since August, October 10, th trying to find I have so many books here, and I believe they have 6 investigations that specifically deal with underage college students housing. Again, the one is still an open investigation. And officer wreck. Are you aware of a Does chicken on the hill turn over a lot of fake ids to the boulder police department?

[38:00] Bye. last year I received 56 fake Ids total throughout the entire year. That was in March I received a handful September and October. I've received 9 this year. So as of today. February 19, th you have not chicken on the hill turned over. No fake ids to you. No hippie! And are you aware of a legal requirement to turn over fake ids if they actually do confiscate them? The legal rules state that if they seize a fake, id they don't have to, but if they do. they have to turn them over within 72 h. And in the video I can. I heard the owner indicating that he has ceased. Ids, he just. You spoke about how, on January 31st of this year, officers observed the unapproved modification of premises with the tables and chairs

[39:03] kind of pushed away to one side. Are you aware? Was that like a 1 time thing and then now it's all the way it's supposed to be, or have there been other days where that modification of premises has existed. So all the body cam footage, even as of this weekend, still shows that modification and chief fire. Marshal Lowry also. Cc. Me on an email where he provided information to jared Room, the owner, that he wasn't allowed to modify it, and gave them at the current most current numbers and that any modifications needed to be approved. So that email happened about 2 weeks ago. And again, this past weekend, when watching the footage of the officers. Modifications are still. The tables are being, there's no, there's no furniture upstairs. The wall is still there, the tables are pushed inside.

[40:04] About. Do you know how many liquor licenses exist in the city of Boulder. Last I counted 255 I mean I'm sure it's more than that now. The last I counted. unless you will have to correct me on that one. It's over 200. Is that accurate? Would you say that chicken on the hill takes up a proportionate or disproportionate amount of time, amount of law, enforcement, time. I would say that they take up a disproportionate amount of time in comparison to the other. And are you? Are you worried about the way that establishment is currently being run. I absolutely am concerned, which is why I'm wrote that up and brought that to the attention. Do you believe that the way that these incidents that we've discussed

[41:01] about chicken on the hill places the community's health, safety, and welfare at immediate risk. I absolutely do the calls for service that I noted the 55 calls, which I believe it's now about 57. That doesn't account for any calls outside of that specific address. So if there was again, that's why I brought up the C cases that 55 calls doesn't account for those cases that see you, for example. So I believe that there would be more. But we just don't have access to that information. So you know of how the alcohol consumption is spilling out into the community and endangered a lot of a lot of the community members. And with all these young people, 19 year olds, 17 year olds, 18 year olds, who are getting admittance, and then having to get go to the hospital because of alcohol over consumption. Do you believe that it's just the the staff at chicken on the hill are just making mistakes to to allow this to happen.

[42:10] It's I guess it's hard to say where the disconnect is happening. If it's the staff they're just allowing them in. I know they have a scanner, but I don't know that that scanner I mean. based upon the information that I'm getting and the amount of fake ids that are making it into the establishment. I believe that the scanner that they have is not accurate, and that they or is not a good one, and that there should be. Maybe some backup methods to how they're determining who's getting into their establishment. A lot of the officers have noted that the people that they've made contact with are clearly looked to be underage. Officer, Rick. I don't have any other questions for you. I believe it's the practice of the Board to allow questions of you as well now. But I'll leave that for Mr. Ramirez. I do have a brief kind of closing argument as to what I believe the evidence is shown here today, and I don't have any further evidence. But if the Board members have questions for you, then I think this is that time.

[43:19] Chair. Caulfano. Mr. Reynolds is correct. If you want to ask questions, or any board member wants to ask questions, this would be at the appropriate time. Now is not the time for deliberations after all the questions are asked and answered. Then, Mr. Reynolds, will have a chance to make some closing arguments. I have some clarifying questions. Nothing that'll that'll add to the information. Just a few things that I missed. And I'm the one taking minutes tonight. so I can either go before you or after all of you. Yeah. Why don't you just go ahead and go right now?

[44:00] Thank you, officer. Wreck! What was what was the date of the 17 year old female and 17 year old? Friend drinking tequila was that December 8, th 2024. Let me take a look. Yeah, that was December 8.th And then the next incident with the 9 officers that had to respond was that January 16, th 2025. Yes, it was. And the incident with the count of over 200 people in the establishment. What date was that. Gonna be on January 31, st I believe.

[45:03] I'm sorry. I have it written here. January 31, st let me. Okay. Yeah. Alright, and then finally, the date of the underage female holding an open container, waiting to get in. That was Sergeant Marquez's call, and that was going to be on February second. I take that back. I have one more question. The the 6 investigations from the Cu police department. the 6 investigations. Since when. Let me confirm that it's like right here it is. It is from October 10th of 2024 to February 6th of 2025.

[46:06] Thank you. Those are all my questions. Great. Thank you. Are there any questions for Officer wreck from the board? I just had one quick one with regards to the capacity of 72 was that only for the downstairs area? Or did that include upstairs as well. It's my understanding. There was one occupancy signposted. It has been by chief fire, Marshal Lowry. That was where again. That's kind of out of my wheelhouse. So we reached out to him and It's now where the occupancy for the upper and the lower levels has to be delineated because you can't have. It's not safe to have all of your occupancy on the other floor. We would hate to see, you know something bad happen from that. So the the posted occupancy that they have that's still on the door, as of this past weekend is the 72.

[47:06] Thank you. Any other questions from the board. I have a quick question. Officer. Rec. In regards to kind of security we talked about or having a security team in front is there? You know, numbers of of individuals that were kind of identified as security members? And did that number fluctuate dependent on the time of day, or the the day of the week, or anything like that? Or is that? Was that like some, a number that was observed from the officers. The officers that would be able to speak to that would be the Sergeant Marquez or Officer Stevens, Officer Diaz. They're the ones who actually have those communications with security. So, as as I stated earlier, where I'm watching, it is just the body cam footage. So I can see a security officer standing there. I am not 100 certain. What

[48:01] their schedules look like, but I do know that the sergeant and Officer Stevens would be able to speak to. what type of security they have, and how many they see how often, and if there's times that they that they've seen them so sorry. I don't have a very good answer for you. Any other questions. not seeing any. All right, Mr. Reynolds, if you yeah, want to give your closing statements. Thank you very much. Members of the Board. You've been presented with information that meets reasonable grounds to find that this liquor licensee chicken on the hill has both has both violated law deliberately and willfully. That meets the standard of reasonable grounds to summarily suspend their license, and I would suggest a 15 day suspension would be appropriate until a

[49:10] perhaps a special meeting to get scheduled for a for sure cause. Hearing the various laws that officer wreck has testified here to to today that chicken on the hill have violated since September of last year, and going on just those less than a week ago. Our boulder revised Code 5, 7, 3. Unlawful to sell or give give alcohol to my to minors violating the Fire Code boulder. Revised Code section 10. Dash 8, 2 for over occupancy. and then Colorado liquor rule 47. Dash. 302. A modifying premises, and this is also contained in the bla rules of procedure, which are 8, 3. 1. Any modification of premises has to be approved before it can be done, and that's not a.

[50:05] It seems as though the reason why those modifications were performed is so that they can just cram more people in there, which is very, very concerning from a life safety standpoint. and then as well, just conduct of establishment, which is Colorado liquor code 47. Dash. 900 people are unconscious from overconsumption of alcohol after drinking there in front of the establishment in the bathroom teenagers are getting transported to the Boulder Community Hospital. and so those are the laws that officer wreck has testified here today that have been deliberately and woefully violated. These aren't just mistakes. you know. a 1 z or a 2 z. Could be attributed to a mistake. But this is a pattern. It's a pattern, and it seems to be the business practice, as officer wreck testified to a young person said, that chicken on the hill is just known among young people as the place to go. If you're underage and have a fake, Id.

[51:05] so you can summarily suspend their license, for up to 15 days, for those violations of the law. In addition, reasonable grounds have been met to demonstrate the the threat to public health. public health, safety, and welfare is significantly at risk. The worst case scenario would be, as officer testified to is if there was a fire or an incident causing some sort of a stampede, and you heard about the large crowds outside and the large crowds inside, with the doors that open to the, to the outside. We want to avoid that at all costs. and the threat to our community. Safety is extremely high here. When you have all of these mixtures together. Then, unfortunately, you know, tragedy is a likely outcome unless something else happens. And that's why we want. We're asking the Board to take the strong action of summarily suspending the liquor license until a full show cause hearing can be heard before this authority.

[52:10] Thank you very much. Great. Thank you. So at this time we'll go ahead and close for deliberation and discussion. I mean, this is deeply disturbing for me. Yeah, I mean the the frequency in which that this is occurring. and just that it keeps occurring. I mean 18 year olds are being sent to the hospital. I think. Mr. Reynolds summed it up pretty well in that closing statement, and I would make a motion that the prosecution has proven that there are reasonable grounds to believe that the public health, safety, and welfare imperatively requires emergency, action. We're still deliberating. So I want to say this to the members of the board. This is a unique situation. When you think about

[53:06] the summaries like suspensions like this. So the one thing I have a problem with is just that there's no one from the licensee presented during this, but that is in the rules. So if you read it, if you read the memo that was sent to us, I just want to make sure that you understand that? Because that's the only reticence I have around it. But there is a motion on the table, and I would I thoroughly agree that there has been proof presented here that an emergency specialty days must happen. So this is Member Absalom, seconding chair. Califano's motion. Unless there's more deliberation. We have a 1st and a second here, so let's get a vote in all in favor. Say, aye, member Califano. Aye. Over absolute. Remember Karl Wolfstein. Member Haggerty. Aye. Memora Roberts. Aye. Right. So that has passed. So now I would make a motion to summarily suspend the license for a period of 15 days.

[54:05] and that we set, we set a show cause. Hearing. Chair, Calafano, can we set the show cause hearing? For as soon as our next hearing. where I can ask someone not. I believe it has to be within the 15 days. It has to be within 15 days, and it has to be within 10 to 15 days, and and Caitlin can talk a little bit more about this because of the posting of the notice, but I would like Mr. Reynolds to also weigh in with regards to the availability of his witnesses. Thank you very much. so our our preferred date here would be when Wednesday, March 5, th and that should work for our witnesses.

[55:02] And that works in the timeline of the public notice. We can send public notice tomorrow for public posting on the February 23, rd which would be 10 days before the 5.th That is ash. That is Ash Wednesday. I don't know if that matters, but. I I just I wanna let the everyone know that I won't be able to attend on that date. Will other Board members be able to attend. What what time would that be? Same same time as 3 o'clock. Imagine 3 o'clock. Yeah, Caitlin, it's at work. The board can set what time they would like. I would be able to do that, but it would need to be later, probably like maybe 5 o'clock.

[56:08] The other board members feel. I'm available after midday, so I redress myself to the rest of the board. You let let me know what works I'm available after midday that date. Same, I would prefer it at 3, but if it needs to be at 5. I'm available on Monday, and I don't know if we wanna switch around. If yeah, at 3 pm. And Berkar. Can you repeat that. I'm available on Monday of that week if we wanted to stick with like 3 Pm. If that worked for everyone else, and the witnesses. We wouldn't be able to do Monday, because we have to. Give 10 days notice of the meeting.

[57:03] So, Mr. Reynolds, was that the only day that worked for your group. Tuesday, March 4th would also work. I I do believe it's a it's a narrow window, and I appreciate everyone's full flexibility. 2. Unavailable on Tuesday. Sorry I cut you off. I'm unavailable. On that Tuesday, the 4.th Do you say? Unavailable. Yeah. Unavailable. I'm also unavailable. Any other day that week, Tuesday, through Friday, I'll be out that time. Right. So I guess we can go with the 5.th Then that seems like the only date that's really working for everyone at 5 Pm. But before we set that I did have a motion on the table for the suspension. Is there a second.

[58:06] The 15 actually chairman, before. You guys move on to that portion of it. There were actually mr. Reynolds presented to pauses of action. One dealt with a deliberate and woeful violation of law. One dealt with the health, safety, welfare. And so you you did make one motion, but you haven't made the motion or voted on the on the other. I thought that I had made a motion. That said that there was reasonable grounds to believe that the public health, safety, and welfare imperatively requires emergency action, and we got a second for that. You did, you did, but you but there were 2

[59:00] 2 allegations. One was that one health safety. The other one was that the prosecution put forward some evidence, and and it's up to you to decide whether there's reasonable grounds to believe that the licensee is guilty of deliberate and willful violation of 3 different laws, and and I think one was Rule 8. Dash 3. Dash. One of your rules of procedure. Mr. Reynolds was that concerning the moving of all the furniture and the tables without authorization, from the from the licensing manager, and then one was 47, dash 900. Yes, and I think so. The 3rd one. It was a 3, 1 modification of premises and then 47, 900, which is conduct of establishment. and then as well. 5, 7, 3, providing alcohol to minors, and then, lastly, 18, 2

[60:06] over occupancy. So those those are the the laws that we would allege. that have been woefully and deliberately violated. Here. Alright! So is there a motion that there's been enough evidence presented to us to validate those. I'll make a motion. The prosecution has proven that there are reasonable grounds to believe the licensee has been guilty of a deliberate and willful violation of providing alcohol to minors. fire code, violation for over occupancy. modification of premises, and conduct of establishment.

[61:00] There a second. Member Haggerty Seconds. The motion. All in favor. Say, aye, member Califano. Aye. Remember, Absalom, abstain. Maracar will abstain. Member Haggerty. I. Member Roberts. Oh, sorry! Remember Robert's eye. Alright. So that has passed. Now, at this point. Roberto, correct me if I'm wrong. that at this point I can make a motion to summarily suspend the license for a period of 15 days. That is correct. And that we set the show cause. Think we have set the shown cause?

[62:01] Date tentatively for the 5th of March. Is there a second to the motion. Remember, absolute, second. All in favor. Say, aye, member Califano. Aye. Number, absolute eye. Amber. Kara. I. Member Haggerty. Aye. Member Roberts. Aye. So the date, I believe we set for the special hearing is the 5th of March at 5 Pm. And Roberto, I'm sure you and I will be in touch. We will. I will start working on that now. Great. Thank you. Okay, thank you so much. We will move on to agenda. Item 2, which is matters from boulder, police department and officer wreck. Did you have anything else.

[63:06] Just give an update for grand total for fake babies last year were 1,796. So I'm very appreciative to those establishments that are turning them in. And this year, so far, 123 we are getting a lot of calls. Or just the fake id thing. So we've been in contact with Cpd. To try to, or student conduct, to try to come up with some solutions to see how we can maybe combat this fake id format, which is nothing new, apparently something that's been around for quite some time. But I didn't do anyhow, other than that I have nothing else. There any questions for officer? Rect.

[64:01] I have a question, what happens now. do you guys take care of that suspension and notifying the establishment. Roberto, do you want to talk about that? Or Alyssa? I can talk about it. So when the meet Roberto is going to be working on the paperwork for the summary suspension, and he and I will work together to make sure that that gets over to Chair Califano for signature, and once that is completed, then Caitlin and I, along with a couple of officers will go over to chicken on the hill and serve them with that and put up their suspension signs. Thank you. Look at.

[65:00] Great any other questions. Alright, thanks so much, officer. Thank you. We will move on to agenda. Item, 3 matters from responsible association of retailers. And I'm so sorry, Ra. Representatives. But if you are here to speak for Ra. Can you raise your hand so I can promote you? There we go. and I believe it's Heather and Mandy who are here, but I'll let them. And there's that good afternoon, everyone. Thanks for allowing some agenda time again today for the responsible association of Retailers. Again. My name is Heather Veskard. I'm the director of the Partners organization housing the responsible retailers program with me today is Mandy Bowles, who you all met last time. I'll try to keep my comments brief. I know you are already

[66:11] an hour into a meeting here, but really wanted to update you on what we've been doing at Ra since the last conversation. And some decisions that we have come to as an organization in the last month since the Bla meeting, we have really, Mandy, and I've been in assessment and information gathering mode. It included a rar member feedback survey that went out to all of the retailers who have been Rar members, also visiting with other stakeholders, including the city of Boulder Sea Fund folks, including some other trainers in the area, John Bellier being one of them who, I know, you all know well, we've also been following up with State officials, including the Colorado powers that be in designating responsible vendor trainers.

[67:00] and then continuing to try and contact the tips organization, we actually did successfully receive certificates that we had been waiting on for. Well, some since the summer at some point, and then off also the serve safe organization. The conversation that you all began last month regarding the responsible vendor. Maybe. You. I apologize, but you're cutting out really bad, and I believe. At the State level is where I'd love to focus my next few comments in regards to Ra being approved as a Rvt. Designated trainer through this State has resulted in no movement.

[68:04] Heather heather. You're having issues with your audio. I'm gonna do this and see if it helps. That is, that is better. That is, that's great. Yep, that's great message that just popped up. Are you hearing me. It was good for a second, and then it it got bad again. I'm sorry. Andy, is there anything you can elaborate on with this. So yes, let me pull it up here real quick. That's our agenda.

[69:00] Okay? So I apologize. I am literally going to read kind of the letter that Heather wrote to tell you all. Just because it's coming from the horse's mouth. And that way it's very clear. So states. Good afternoon, and thanks for having rear on the agenda for updates today. In the months since the last bla meeting, Mandy and I have been spending rear work time in assessment and information gathering mode. This work includes included a member feedback survey on the services of rear and meetings with other stakeholders, including the city of Boulder Sea Fund, and folks like John Ballet, a well-known trainer in Colorado, also included, follow up with the State of Colorado powers that be in designated responsible vendor trainings, and with the tips, organization and servesafe in regard to our ability to achieve Rbt designation with the State of Colorado. There has been no movement.

[70:02] as y'all are determining the best response to the current spot that trainers and therefore retailers find themselves in. Given the current situation. I wanted to share a couple of thoughts for your consideration in conversation with John Bellier, who is unable to be here with us today, who is, in my opinion, a wealth of knowledge in this area, it seems there are a few options to consider as you make your decisions. One stick with the State approved list of trainers as we discussed last month. There are currently 6 of them for the whole State and do temporary emergency approval of previously approved trainers, slash programs, hoping that more local trainers will be approved. I know there is a motion discussed to this effect last month. I think this is likely a short term solution. As I don't have any confidence that the trainer pool will grow due to state approval in the next 3 months. though it does sound like John is making some headway. He is just one person I'm just gonna reiterate there. We have been talking with John, and it sounds like he's been back and forth with the State led in a way that he is now

[71:06] I think, on his 3rd iteration of his training. and whatever his training, essentially so it sounds like the led will be approving him shortly. Number 2. As the boulder liquor authority put some pressure on the State led to allow the nationally recognized programs with proper approved Colorado state supplements being presented, the rationale for their model of individually approved training programs as Rvts instead of nationally recognized ones that already exist is that trainers weren't teaching the Colorado specific supplements. It seems that the State could shift a bit and approve these federally recognized programs with proof that the Colorado supplements were being added to our knowledge. A reason against that hasn't been proved or sorry provided by the led, and if community leadership put some pressure on that could change 3,

[72:02] the Bla could shift away from adhering only to Colorado State regs via Bylaw revision and set their own standards for training, approving their own responsible vendor training programs and or instructors to meet their own criteria. Other communities have done this, and the resources are available to determine the criteria for that structure. She ends by saying, I appreciate you listening to those thoughts, and wanted to get them on record before letting you know that in response to our assessment process of the last month and in light of the challenges we've been discussing the last couple of months the Partners Board of Directors has made the decision that our organization will no longer implement aria services in boulder effective immediately. She has already. Let the city of Boulder Sea Fund context know this and will be communicating to members following today's meeting. I appreciate the work you all do, and the opportunity to have worked with you

[73:00] while we continue to feel that retailer education is a critical piece of substance. Misuse and abuse prevention partners in rear is not currently the right entity to be doing that work in Boulder. I hope that folks like John and other community trainers are able to continue successfully in this important work. And I am. At that point we're happy to answer questions. Maybe Heather is back with us. I am back. I'm sorry. Okay. To the computer. I've I've got you all on my phone if you can hear me and thank you, Mandy, for for sharing my statement. I did type it out because I wanted to be clear and and concise. I also welcome any questions or conversation that you all have at this point. Are there any questions for heather heather? Do you plan to return at any point. You know it's a great question. I will say that the

[74:02] challenges occurring at the State level with the responsible Vendor training designation are not the only issues. A lot of feedback that we have been receiving from retailers is really, that the pressures within the liquor industry have changed so much in recent years, partially in response to grocery stores, selling wine, and, you know, owners of local establishments working the counters instead of having time to attend member meetings, some of the changes that are occurring in law enforcement doing different types of id compliance, checking. They're really pointing to a need for a complete overhaul of the rar program. So, returning in the exact same iteration is probably not likely based on the feedback we've gotten from members the heartbreaking part of this for me is that members really do want the training.

[75:00] That's that's the service that they have said that they want out of a membership and something like responsible association of retailers. And it's very apparent, given the work that all of you do in the world, that we work in that that training is really critical, and so I don't want to say no, we'll we'll never step back into that work. But I do feel like we really need some time to figure out what that could look like for us, and also hopefully for the State and the communities to figure out. I guess a little more clarity and efficiency and processes to make it possible for effective trainers to do their work. So the C Fund contract was set for one more year with Ra doing the work, and they have been wonderful in saying we recognize things change and then my, my guess is that they would re-up for another round following that, and and we'll see what happens. I do want to reiterate that

[76:02] I have only recently started interacting and and communicating with John Bellier, but have already learned a lot from him, and I think that he's got some really great insights into ways that the State could make this this easier for trainers and for communities trying to do responsible work in in liquor sales and cannabis sales for that, for that matter. And I hope that he could continue to be a resource with this group, and and maybe provide some guidance on those resources. I don't know how it how it works for the bla to provide feedback to the State. I don't know what the implications for you all are of of looking at your own process versus following the state process. But those are just some thoughts that had come up that I really wanted to share, as we're exiting this work for the time being. Thank you for that.

[77:00] Are there any other questions from the Board? Yeah, this is Member Absom. I'm just wondering. Are you completely pulling out of all the marijuana side of things, too, in the boulder community. And are you doing that same thing in your other communities? I'm just wondering if it's specific to alcohol in boulder is the reason this is changing. Yeah, great question. We are not going to be doing any cannabis work in any of our communities. Nathan Dewey was the only trainer that was certified in the Bud tender program, and that is a whole different animal in terms of regulations. When Nathan exited the organization, the next reiteration of the bud. Tender training was in review by the State. But I don't have anyone trained to implement that, and I don't have the capacity to to get that rolling. I did visit a little bit with John about that, to be honest, and it wasn't something that he was doing yet. But I I encouraged him to just think about that as a part of his work as a full time trainer.

[78:03] And then, in regards to whether or not we're pulling out completely of our er work. We haven't made that decision in Larimer County yet. Larimer County has different rules around which State regulations they need to follow, and having an additional organization that can just do a responsible vendor training without requiring the designation of the State is something that is potentially going to continue to be a resource in Larimer County, but the other stuff, the feedback that I shared about liquor establishments, thinking they might be closing in the next year. Their ability and desire for other services that we've been providing member meetings. Any compliance checks those kinds of things that feedback is universal, really, what people want is the training. So we'll be revamping everything in Larimer County at a minimum. Whether or not we completely pull out remains to be seen.

[79:04] Thank you. I don't have any other questions. There any other questions from any of the other board members not seeing any well, heather. I think it's really really unfortunate that. But I understand the reasoning behind your decision. But if you would ever reconsider returning, I think you guys could be very valuable. You are very valuable to the community. in the service industry of liquor licensees. So I would. Just yeah, if you can come back. I I really appreciate that. Thank you for that comment, and that that's good for me to know that that's the perspective. And I certainly think, as Mandy. we have not given up on trying to get this. I mean, we feel we applied for this responsible vendor trainer, and we believe that Mandy is a really good trainer, and we believe that we've got the structure that could make this very effective. So we haven't given up. And certainly, if we get that designation we'll be in communication with John about having that designation. I know trainers are not in surplus, and don't love the idea of leaving people without

[80:14] without trainers. Just currently, we're in a spot where we're not even allowed to train. So I also didn't want to waste c fund money, not knowing what the timeline looks like. So thank you all for the important work that you do. This board doesn't have an easy task, as was just evidenced by the last hour of hearing hearing all of that. So thanks for what you do as well, and thanks for working with us and for your understanding. And I will add that as our members have contacted us, and or I've just been reaching out to them and letting them know that here is the list of state approved vendors. For right now this is what I can offer to you. Here is John Dallier's website. If he gets approved by the State as well. So I'm trying to give our boulder people as much

[81:03] good information as I possibly can right now. and please keep us in the loop, like, you know, by all means keep sending us everything. Because if we do want to join back up, or if we want, if we're able to figure this out again. you know, it'd be good to be in the loop and not just be totally out of everything. Thank you both again. Take care! Thank you so much. Okay, so board. If it's okay with you. I'm gonna ask to rearrange the agenda a bit here. Only because there's a few people who are on some time constraints. So if possible, we have an interpreter for agenda. Item 6. So, if possible, I would like to hear them right now and then. After that, if we can hear agenda, item 7. And then after that agenda, item 9, because they have liquor pros and liquor pros. Has another meeting, another hearing at 6

[82:17] that they need to be at. So that needs to end by 6. If that's okay with you all. Think that's what we gotta do. Okay, cool. Let me get everyone where they're supposed to be. I'm just promoting our interpreter here. Hi, Jennifer. Hello, everyone! Can you hear me?

[83:00] Yes, I'm gonna go ahead and swear you in and then you can begin interpreting for this agenda. Item. Okay, if you'll raise your right hand for me? Do you solemnly swear or affirm, that you will make an accurate, complete, and impartial interpretation from the English language into Spanish, and vice versa, of all communications during this proceeding, using your best skill, judgment, and ability. I do? Thank you. And just to verify you are a certified interpreter. Yes, ma'am, I'm a Colorado court, certified Interpreter. Thank you so much. Okay, I will begin. We will. Start with agenda. Item 6, which is continued, public hearing and consideration of an application filed on October 30, th 2024, from El Taco, Imperial de Texcala, Llc. Dba. El Taco, Imperial de Texcala, 2 8, 5, 0 Iris avenue suite, H. Boulder, Colorado, 8. 0 3. 0 1 Margarita. Valet. Castrone, 100 owner, sole member and registered manager, with the premises, business mailing address for a new hotel, restaurant type, liquor, license.

[84:25] Tipo Hotel restaurantes. And Margarita. I see that you're in the hearing.

[85:00] La reunion. Steve. And can you turn your camera on for me. Korforci, pueda prender su camara. You see. Thank you. Muchas, gracias. Will anyone else be appearing with you today. Alquen varecer con usted el diadoy. No, no, not on Matthew. No just myself. Thank you. I will swear you in, and then we'll get started. Administar el juramento y vamos inic. 2. If you'll raise your right hand. Porfor Levanta Sumano de reca. Do you swear or affirm that the testimony you're about to give, and the matter before the beverage? Licensing authority is true.

[86:01] Usted Jura, OE firma que la el testimonio que va adar ante este consejo de Elisencia de vividas vacer la verdad. See. Yes. And if you can give your full name and address for the record. Si por favor puede decir su nombre completo y direction para que constant el acta. Hey, Margarita, Castrejon, la direction. 20. Sabenida, Hitachi, bolder, Colorado. Margarita Castrojo. Sorry Castrejo. Hota ON. That would be Margarita Castrejon, and the last name is spelled CAST. REJO. N. And the address is 2850 Iris Avenue suite H. In Boulder.

[87:10] You, I will hand it over to the board. The Paso la Palabra Al consejo. All right, and, Margarita, since you're not represented by counsel, I'm going to go ahead and read the proceedings into the record. Y se nura margarita ya que us de nutiene abugada voya procedra eler los procedimientos para elacta. See you. And Miss Nelson. It's kind of a lot, so I will go as slow as I can, so that you can Or if you have it handy, you could copy, paste it into the chat for me. If that's not a violation of any privacy or anything that would be helpful as well. I would refer to Caitlin and Roberto on that one. It is not. If you're able to do so. I anticipate that it would be very helpful to the interpreter.

[88:00] Okay, let me go ahead and try to do that real quick here, and just give me a quick minute. Thank you. We are on agenda. Item 6. Correct. That's correct. I think the wrong rules of procedure may have been put into that packet. Item that looks like they're for a bed and breakfast. Okay, one, second. And actually I have the agenda here in the full packet. If you have the page, I could just refer to that.

[89:00] One sec. Let me find a good page for you. Thank you. If you will look at page 102, that is the correct hearing procedures. Got it. Thank you. Great. So, Miss Neilson, you have that up now. Perfect. I'm gonna go ahead and start reading that. Then this is a public hearing before the beverage licensing authority of the city of Boulder to determine whether or not the application of El Taco, Imperial de Takala, Llc. Doing business as El Taco Imperial de Takala,

[90:03] for a new hotel type. Restaurant liquor license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of the Colorado, and the rules of the beverage. Licensing authority of the city of Boulder. Sorry. Can you repeat the name if I didn't have it on hand here? Think it's yeah vividas de boulder.

[91:09] The purpose of this hearing is to receive information, data, and testimony by interested parties, in order to enable this authority to make the findings, and to reach the conclusions required to be made by State law as to whether or not the license applied for shall issue. El proposito de esta audiencia es recibir datos y testimonios de las partes interesadas para que esta uteridad puedacer los ayascos y egar a las conclusiones que excije la le estatal sobre Si se deve uno expedir la disencia solicitadel. Interested parties are the applicant residents of the neighborhood under consideration, and the owners and managers of a business located in the neighborhood under consideration for purposes of determining who is an interested party at this hearing. The neighborhood under consideration is the neighborhood previously defined by the authority.

[92:06] La Auditorida. The authority shall make a final determination of the affected neighborhood. Prior to determining whether the license shall be issued. Any interested party may speak to the question of neighborhood designation, as well as other information relevant to the granting or denial of the application. La utrida tomara una final sobre Elvisendario affectado antes determinar Si semitera la lisencia cual quir parte entrezade puede hablar sobre la cuestion de la del Vecindario a Si como sobre otra relevante para la conceion o de de la solicitude.

[93:12] A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address, they shall also be sworn in by the board. Secretary. Se estadvando UN registro de estos procedimientos aquios que de se enc escuchados debran identifico y decision pertinente tambienpre estaran juramento ante el secretario del consejo. Now for the board. Is there any ex parte communication or conflicts of interest? Member Califano? No. Remember Absalom, no. Remember how to no. Member Roberts, No.

[94:03] Por parter el consecos a preguntaxia alguna existo de enteres y tor las partes contirman quenon. Right. And is there anyone here in the audience that wishes to speak to this agenda? Item, if you could please raise your hand. Y Si haulgen aqui presente en el publico que de seer escuchados y por favor pueden la vantar la mano. I don't see anybody. No veoen adie. So at this point, we can go ahead and begin with your testimony, Margarita. Entonces de nece momento YA podemos y di siar con su testimonio margarita. Team.

[95:02] So at this point, Margarita, this is where you kind of tell us. what you've changed since you came back. As this item was continued from last month. Se a plazo. Estimate. Umas que ya la ya estalista. Yes, last month they were asking for the certification of the people who are going to be serving alcohol, and we have taken the certification. We took the class, and that's ready. Tenemos tambien la poliza la poliza que que seda

[96:05] de la poliza que de Lalkol Tamiya le lla tenemos. And we also have the policy that alcohol policy that we'll be giving out. Yeah Al parecer creo queer lo que lonico que nos caltaba. And I think that that was the only thing that we were missing.

[97:02] Is there anything else you wanted to present. Ira presentar. El porque applicio para esta licencia por que pues todos mis clientes megan que una margarita una servesta housementar UN poquitoms mis venta la comunidad lopide inemos del training que no sieron y pues noces pero que con esocia posible verda parallopo de obtener la licencia.

[98:12] No, I think that basically last month we talked about why, I'm applying for the license. Basically, all my clients are asking for a beer or a Margarita to go with their meal. And so that's why I submitted the application for the liquor license, and also, you know, just to increase my sales. The community is asking for it. That's basically it. I'm not really sure if there's anything else that we need that I would need to do. We have the policy in place and the certification from the training, and I hope that will be enough for us to get the license. Thank you for that. Are there any questions from the Board members for Margarita? Gracias poreso. Ay, El Guna pregunta de los Miembros del Consejo para Margarita.

[99:09] Not sure. Remember, Roberts, I'm guessing. No. Senor Robertson, a member of Robertson. Sorry I didn't know my video was off. Maybe. Well, if there are no more questions we will go ahead and close for deliberation. At this point. See, you know. Oh, go ahead! Sorry. Vamos acerar para UN momento de. Is there a motion? Number absolutely make a motion to approve the license.

[100:02] Probar la lisencia. Member. Carr will second the motion. M. Brocara Segunda. Esamusion. Okay, all in favor. Say, aye, member Califano. Aye. Number Epsilom. I. Member car. I. Member Haggerty. I. Member Roberts. Aye. License approved. Todos a favor. Si por 4 pueden decir ay y todos que ay y esta porvada la Lisencia. Okay. Much. Other. Thank you very much. Thank you and Margarita. I will be in touch. As so we can get that final approval. Y Margarita boy estar encontacto clo uste para que ser legar esa probacione fina.

[101:03] Okay. See? Stabion. Okay, that's great. No. Okay. Muchos. Gracias. Thank you very much. Thank you and thank you, Jennifer. I think we're good with interpretation now. Excellent. Thank you all so much. Have a good evening. Okay, let me make sure everyone is where they're supposed to be. Okay. Great. We will move on to agenda. Item 7, which is continued. Public hearing and consideration of an application filed on November 18, th 2024, from Nepal House, Llc. Dba, Nepal House and Cuisine, 4,720 table mesa drive seat, 100 boulder, Colorado, 8 0 3 0 5, Topton, Llama, 85% owner, president and proposed registered manager and Lobjit, Rai, vice president and 15% owner with the premises mailing Mrs. 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.

[102:13] I see that Eva is coming in. If anyone else is here to speak on this matter, please go ahead and raise your hand. Eva, do you know if the licensee is. Is on those. No, unfortunately I don't. That's okay. I got him, I think. There we go.

[103:01] And Mr. Llama, there we are. Hello! Oh, here. Yeah. Okay. So I see that Miss Garrison is here to appear with you. Will anyone else be appearing with you? Oh, yeah, my friend, Gozendra. Okay, I'll go ahead and swear. You guys in Mr. Lama, if you will say your name and spell your name for the record. Hopped in Lama TOPD, EN, and the last name is LAMA. Thank you, and if you will give an address for the record as well. My restaurant address is 47, 20 table mesa drive. Unit C, 100, boulder, Colorado, 8 0 3 0 5. Thank you. Welcome! 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 and correct. Yes.

[104:00] Thank you so much. And will anyone else from the business be giving testimony with you? Myself. Only me yourself. Okay. Great. And, Eva, if I can have you say your name, spell your name, give your address for the record. Yeah, for the record. My name is Eva Garrison. Last name is GARR. ETSO, n. 1 of the owners of liquor, licensing professionals. I apologize. I licked the wrong grocery cart. I am sick right now. I will do my very best today, but thank you for allowing me to get this done, and we are located at 5,515 Saddle Rock Place, in Colorado Springs, Colorado. Thank you so much, and if you'll raise your right hand. do you swear or affirm that the statements you're about to get before the beverage. Licensing authority are true and correct. Yes, I do make an input into that. All right. So at this point, since you're not represented by council, I'm going to go ahead and read the rules of procedure into the record.

[105:06] Yes, yes. Second here. Alright! This is a public hearing before the beverage licensing authority of the city of Boulder, to determine whether or not the application of Nepal House, Llc. Doing business as Nepal house and cuisine for a new hotel type. Restaurant liquor license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado and the rules of the beverage. Licensing authority of the city of Boulder. Purpose of this hearing is to receive information, data, and testimony by interested parties. In order to enable this authority to make the findings, and to reach the conclusions required to be made by State law as to whether or not the license applied for shall issue. Interested parties are the applicant residents of the neighborhood under consideration, and the owners and managers of a business located in the neighborhood under consideration.

[106:08] For purposes of determining who is an interested party. At this authority the authority shall make final determination of the affected neighborhood. Prior to determining whether the license shall be issued. Any interested party may speak to the question of neighborhood designation, as well as other information relevant to the granting or denial of the application record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address. They shall also be sworn in by the Board secretary. Is there any conflict of interest or ex parte communication from any of the Board members. Member Califano. No. Number, Absalom, no. Number, card, no. Summer Haggerty, no. Member Roberts, No. Alright. And is there anyone here in the audience that wishes to speak to this agenda? Item, if you could please raise your hand.

[107:08] not seeing any. All right, you may proceed. So this would be your time to discuss what you plan to do with your restaurant your policies that you're going to be putting in place the general idea for your service. That kind of thing. Yes, actually, you know, the this restaurant is Indian and Nepali cuisine, and Tibetan as well. and most of my clients are asking for you know, liquors just to have a just to enjoy, you know, while they are having lunch and dinner. So that's why I think this is the good this is good opportunity to serve my clients and for the beverage while I'm

[108:06] making a service we have. We have got a special kind of policy that we get just well trained to the staffs and be careful. And like. For example, there is like young people are coming or overdrunk. People are coming, so we need to be very careful for that, and also serving for the customer. Be careful for that, you know. So these kind of things were just mainly focused when we're serving for the beverage. I will have to say. I don't think I saw any written policy in your application. We have. Here. An attachment was sent to the board this morning.

[109:01] and that has the policy and a tips rating in there. Oh, yeah, we just this one. Did you find the policy. It did. I was just glancing through it. Now. Are you going to have your employees sign that. Yes. Great all right there. Any other questions for the Board. Yeah. I don't have that much. Yeah. Oh, sorry I was seeing if we had any questions for you.

[110:01] Sorry about that. Alright, I'm not seeing any. Is there anything else you'd like to present. From my side, or. Yeah, yeah. Yeah, actually, you know, and this is it's it's been a long time so for requesting for the beverage license, because many of my customer. They are very, very interested. So I would highly request for this, you know. Yeah, that's all. Alright. Great, thank you. Well, if there's no further testimony, we well. curious. Did we want to hear from Miss Garrison, or do we need to. I know it's a requirement of our rules. Chair. If it matters, I have one more after this. So if you'd like me to follow up really quickly on this, I can do this pretty quick.

[111:05] That'd be great. Thank you. Good evening, everyone once again for the record. My name is Eva Garretson, one of the owners of liquor licensing professionals. Just really quickly. We conducted the needs and desire survey regarding the new hotel and restaurant liquor license for Nepal House, located at 4,720 table mesa drive. We conducted this survey on the dates of Sunday, February second, Monday, February 3, rd made attempted contacts with 380 owners, managers, and residents inside the area, obtaining a total of 123 signatures. 44 signatures were from business owners and managers, all 44 signing in favor at 100%. We then obtained a total of 79 residential signatures, 78, signing in favor at 99%, one opposed at 1%. Our combined total has 99% signing in favor with this license and one opposed we do ask those folks to write in why they're in favor or opposed to this license. Nobody

[112:09] wrote in an actual reason as to why they were opposed to this application, so we count that as a valid reason of opposition, although the 99% clearly shows a positive need and desire. Given the fact that there are other licenses of similar types in this area, and that those existing outlets have not yet met. That need. Thank you. Great. Thank you. There you can hear Miss Garrison not seeing any, so at this point we will close for deliberation. Is there a motion. Member car will make a motion to approve the license. Is there a second. Or Haggerty. Second, the motion.

[113:01] All in favor. Say, aye, member Califano. Aye. Mir Absalom. I. Member Carr. Aye. Member Haggerty. I. Member Roberts. Aye. Alright license approved best of luck. Thank you so much. That's wait a minute. Okay, thank you. Thank you so much. Thank goodness. And, miss. sorry. I'm just trying to get her. Okay. Mr. Lama. Kristen Teague will be in contact with you on next steps. Okay. Okay, thank you so much. You're welcome. Thank you so much. Thank you. Let me just get everyone where they're supposed to be. Okay. We will skip ahead to agenda. Item 9. I do really quickly wanna acknowledge there's a question in there. If agenda. Item 8 will be heard before 6 pm. And I do believe that the next 2 items are not going to take an hour, so I think everyone will be all of the applications besides our renewal hearing will be done by 6 Pm. Our renewal hearing

[114:14] licensee will be back for at 5, 45, and so we can hear them after that. So I think everyone is going to get out of here in time. If not, I apologize. Okay, I'm gonna skip ahead to agenda. Item 9, so that Eva can get out of here and agenda. Item 9 is public hearing and consideration of an application filed on December 11, th 2024, for Mr. Oso. Boulder, Llc. Dba. Mr. Oso. Boulder, 1, 2, 5, 3 Pleasant Street, unit 101 boulder, Colorado, 8 0 3 0 2 Oso. Boulder Holdings, Llc. 100 owner, Catherine Ann O'shea, indirect Member and Juan David Pedro, president and indirect member, with the mailing address of 2 9, 2, 1 West, 30th Avenue. Pmb. 3, 1 0, Denver, Colorado, 8, 0 2, 1 1 for a new hotel restaurant type, liquor license. If you are here to speak on this matter, please go ahead and raise your hand.

[115:04] I see Mr. Sandberg. and Mr. Sandberger is just getting situated. Good afternoon. Okay. And who will be appearing with you today. Thank you. My name is Brandon Sandberg. Registration number is 4, 2, 5, 0 7, law firm, a deal deal. Car. Stonebreaker and Hutchings here on behalf of the applicant in my conference room today is John Stonebreaker, also an attorney at Dill and Dill. Present to my right is Kevin Eddy. He's a Chief development officer. He'll be testifying on behalf of the applicant. Also, in my conference room is Keegan Labrador. He's the director of Beverage. I don't believe he'll be testifying, but just want the Board to know he's here and available.

[116:06] Thank you so much. I will go ahead and swear in Mr. Eddie to begin with. Then. Mr. Eddy, if you'll say your name, spell your name, and give an address for the record. Yeah. Hi, my name is Kevin Eddie spelled KEBI, NEDD y. And the location. The address of the business is 1, 2, 5, 3, Pleasant Street, unit 1, 0, 1 boulder. Colorado, 8, 0, 3, 0 2. Thank you so much, and I see you have your right hand raised there. Do you swear or affirm that the statements you're about to give before the beverage. Licensing authority are true and correct. Yes, I do. Thank you so much. Thank you. Great, and since you're representing his counsel, I'd ask if you'd be willing to waive the reading of the procedures into the record. Absolutely. We do. Thank you. Great, and is there any ex parte communication or conflict of interest from any of the Board members? Member Califano? No. Remember Absalom, no.

[117:00] Member, card, now. Member Hagarty. Note. Member Roberts, No. All right. And is there anyone in the audience or the attendees? Rather, that wishes to speak to this agenda? Item, if you could please raise your hand. not seeing any. All right, Mr. Sandberg, you may proceed. Thank you. We're 1st going to call Ms. Gerritsen with liquor pros. I just wanted to give the board a little background on where we'll go. I'm going to have Ms. Gerritsen talk about the petitioning results, but also want her to talk about training liquor pros is going to be providing external training for the applicant regarding the sale and service of alcohol. My understanding of being on the hearing last month and serving it was that the Board was considering, allowing those vendors that were State certified previously, and going through the process that their training would be sufficient for the city of Boulder. And I believe. It may have been board member Absalon mentioning, wanting to hear about the training from those providing it. Therefore I'll have this garrets and go through that just to give a little background on. Why, we may go a little bit longer with her. If that's okay.

[118:14] Yes, please proceed. Thank you. Ms. Gerritsen, I know you were previously sworn in. But can you please introduce yourself again? Sure once again for the record. My name is Eva Garrison, one of the owners of liquor licensing professionals doing business as liquor pros. We are a petition company that does needs and desire survey for both liquor and marijuana licenses throughout the entire State of Colorado. We also provide training, and we also provide measurement measurements for the State of Colorado, as well. Miss Garrison, how long have you been with liquor pros. I have been with liquor pros now for 10 years, going on 10 years.

[119:02] And in your 10 years approximately, how many petitioning surveys has liquor pros completed. Over 4,000. Okay? And approximately. How many jurisdictions in the State has liquor pros, provided petitioning services. We now surpassed just this last year, 120 juris. Different different jurisdictions. And you've been in Boulder many times previously. Yes, sir. Okay. Can you please describe the petitioning results and work that you did for the applicant Mr Oso's folder, please. Yes, sir. So prior to the start of the survey, we were briefed on the type of liquor license that it was being applied for for Mr. Oso. Boulder, located at 1, 2, 5, 3, Pleasant Street unit 101 there in Boulder for the new hotel and restaurant liquor license once again, because it's a new hotel and restaurant liquor license. This does mean it's a full liquor license or full liquor. We completed this petition on Saturday, February the 1st made attempted contacts with 381 business owners, managers, and residents inside the boulder area inside the boundary, and we walked away with 123 signatures. Great day to be out to petition 43. We obtained 43 business signatures, all 4,

[120:20] 3 signatures signed in favor at 100%. We then obtained a total of 80 residential signatures. all 80. Once again sign in favor at 100%. We are a 3rd party petitioning company, which means we do not guarantee results for the applicant. We simply provide the survey, and the results are what they are. However, if we combine these, we have a total of 123 signatures, all signing in favor at 100%. This is very rare, but we do, even though there are other licenses of similar types. Right there off of Broadway. we still feel that the 100, the 100%, clearly shows a need and desire for this particular license in the area, and that the existing outlets have not yet met that need. We also carried around with us information regarding Mr. Oso Boulder, so that if folks had a question as to who they were, the concept, any information of that we, we did provide them with that information as well.

[121:23] And Miss Scartsen looking at the neighborhood map. This location is obviously on the hill, but it looks like the area you covered was not just the hill neighborhood. You went outside that. And and what were the reasons for that? The reasons for that is because there were folks that wanted to. The Hill does have that reputation of having issues. There are a lot of sorority houses. There are a lot of fraternities in that area, in fact, that Saturday that we did go out there were a lot of activity and a lot of functions going on in there. So it was a really good day to get feedback, and then also to provide further out any sort of information to folks that are in the neighbor that could walk to and from this establishment. So that's why we went out a little bit further, because it is still within the boundary area.

[122:14] And looking at the positioning results, it appears that it's not just people that are the stereotypical college age that there were people of all different ages that were contacted and signed in support. Is that right? That is correct. Okay? And Miss Gerritsen, did you pre file the petitioning results as required? Yes, sir, we did. Okay? And you've been in communication with my client to provide external training. Is that right? That is correct. Okay? And can you describe for the authority liquor pros State certified training? That you've previously been state certified and where you're at process. So we are in communications with Renata Bertrand. She is reviewing once again. We did send in information. They, however, claim that they did not receive it. So we resent this back in. We are now in communication, and are finalizing our approval. To get listed under the Colorado responsible vendor training

[123:15] with the State with liquor enforcement division, which includes everything that falls under Colorado code of regulations 47, 6, 0 5, which covers everything from personal responsibility of servers and sellers to license permits, posting requirements, alcohol beverages being brought in, removed from premises. setting the tone for your establishment, id checking guides, acceptable forms of identification, detecting and confiscating fake ids, selling alcohol responsibly, sales to minors, sales to visibly intoxicated persons, signs of visible intoxication, blood alcohol content, duis intoxication, rate factors, hours of alcohol that may be sold. the liability that they will take on in selling liquor. The conduct of the establishment and age of sellers and servers anything that follows within that that realm of the Colorado liquor awareness.

[124:15] That is the same. And I'm sorry, Miss Garrison, that is the similar training that you're gonna be providing to the staff that sell and serve alcohol. Mr. Oso Boulder, is that right? That is correct. Okay, and liquor pros has previously been a state approved. Responsible vendor. Is that right? That is correct. We got approved back in 2,017 under our new management, and then we were asked to recertify last year. Okay? And. I I know the authority is aware of the struggles working with State, and the approval process at this time has state indicated to you and or liquor pros that you are able to continue providing this training. They asked us to continue our training while they get through their process of certifying us under this. So they did ask us to continue training under their program while they get our name listed back underneath. So we expect that to be here within the next 2 weeks. 2 or 3 weeks.

[125:16] And I have no further questions for Miss Garrison, but if the authority has any questions, please. Are there any questions for Miss Garrison from the board? Not seeing any. Please continue. Thank you. And chair. I know Ms. Gerritsen does have a hearing in another jurisdiction. Can she please be excused. Yes, absolutely, and feel better. Thank you so much. I appreciate it. Thank you. Chair. Bye, either. Alright, thank you. With that. I'd like to call Mr. Eddie, please. and, Mr. Eddie, if you can. Please introduce yourself to the authority and how you're associated with Mr. Also. Boulder, please. Yeah. Hi, my name is Kevin Eddy. I am the Chief development Officer of the culinary creative group, and the Mr. Boulder is one of the one of our brands associated with that restaurant group.

[126:10] And as with your position, what are your duties and responsibilities. Regarding a restaurant pre opening post opening. Yeah. So basically, my role as the Chief development officer, I handle pretty much all things from the letter of intent to handing the the business over to operations. So I handle the design the Ff. And E procurement the licensing and the build outs pretty much orchestrate everything pre opening, and then all of our existing stores. I handle all of the capital improvement projects, large scale facility, maintenance projects amongst, like some other things. But that's pretty much the main part of my role. Can you tell the bal bla your background in the hospitality industry as well as your team.

[127:01] Sure, I've been in hospitality since I was in college. so you know, did it went. It worked in hospitality to help pay for college, and then realized it was the industry for me, and I've been in it ever since, and opened my 1st business here in Colorado in 2,000 and since then, you know, we've grown to 26 locations, 14 different brands. and are the majority of those locations in Colorado? Yeah, I mean a majority of them are in Denver. We also have a location in Westminster the dia soon to be boulder, and then we also have a Mr. Also in New Orleans. and you mentioned 26 locations. How many different brands or or types of restaurants? Yeah, we have about 14 different brands. Beach. Well, some of those is is the Coffee House. Aviano coffee. But yeah, 14 different brands, including coffee. And what are some of those other brands that the authority may recognize.

[128:02] I think you will recognize, I mean, obviously, Mr. Oso is our most exciting, fastest growing brand. We have Bardo, which also has a a new location at the International Airport. The Tappan burgers. We have 4 Tappan burgers in Denver, Kumoya, a 5 Steakhouse Oshkara. Yeah. Many different brands, and then we have some cocktail bars as well in Cherry Creek, so very, very experienced operators. Yes, correct. If you had to estimate the number of people that have been served in your time, the hospitality in the different locations approximately. How many people do you think have been served? In within the culinary creative group. Probably a conservative estimate would be right around 10, probably about 10 million guests. between the 14 different brands, between all those brands and the years of of operation. How many liquor violations we've had unfortunately had one violation.

[129:00] And let's talk about Boulder. This is our our 1st location in boulder. Is that right? That's correct. Okay? Why Boulder? And why now? Well, I mean, I love Boulder. It's probably the 1st place I visited when I moved here. But we just we saw this opportunity in this beautiful hotel come into the hill, and then the in the adjacent corner another beautiful hotel and convention center, and we had an opportunity to be part of it with the retail spaces that are associated with the hotel. And yeah, I think, just think, the opportunity just arose. And we're like, Wow, that's a fantastic opportunity to be somewhere. We've wanted to do business for a long time and the location you're mentioning hotel on the hill that it's next to the MOX. Is that right? Correct? It would be considered the the annex to the Moxie. There are actually hotel rooms above our retail spaces, and for those that have not been to one of the other locations. Mr. Yeah, it's. Cutting out pretty bad.

[130:01] Oh, I'm sorry. Can you hear me better? Alright! My apologies for those that have not been to a Mr. Oso location. How would you describe the the concept? Yeah. So we're Ceviche Tacos and smoke. So it's a it's a Latin concept with, you know, Latin cuisine as well as traditional Latin cocktails. We have a very large agua fresca program we're really proud of for non-alcoholic beverages, but it's essentially smoked meats smoked veggies smoked fish on a taco. It's a very highly intensive prep. But the outstanding food. We're really proud of it. And it actually won a bib. Gourman Michelin award. So we're really happy with that. And if you had to estimate, what would you anticipate the percentage of food versus alcohol being? We're a restaurant food. First, st we're about 70% culinary and 30 beverage. So the beverage is complementary to the food. But food focus absolutely. And our full meals going to be available at all times. That sale and service of alcohol are happening 100.

[131:11] Let's talk about employees. I know we're not currently Admins here. Correct. Once you are open approximately. How many employees do you anticipate having? We anticipate, you know, probably 35 to 40 employees. And will there be a management structure at this location. Yeah, so basically with culinary creative, there's a we're in the Latin division. So we'll have a director of operations that oversees this location, a culinary director that oversees this location beverage director, director, which is Keegan who's sitting with us today and then at the store level. We'll have a general manager, assistant general manager. and a bar lead. So quite a bit of management at this location. And we've already started hiring the management team. Is that correct? Yes, they have already been hired in our training at our Denver locations as we speak, and will there always be a manager of some sort that's on premises at all times that we're open at all times.

[132:05] Let's talk about the training we have internal and external training. Is that right? Yeah. So yeah, yes, we do. We have internal training is, is an internal document that we use to conduct training for all of our new hires during their onboarding and training process. It's a pretty extensive you know, training document. That is part of the Handbook, and all new employees have to to know it, sign it and get tested on it, and a lot of what Eva mentioned for the State certification is part of our internal document as well. and you actually have some of your team members are already trained through state certified responsible vendors. And they're actually becoming trainers themselves. Is that right? That's correct. Keegan is certified. Our other beverage director that oversees the cocktail division is also certified, and she's also

[133:01] halfway through the State certification to become a trainer. We think, with the amount of stores and the amount of employees that we have, we want to extend it to all of our concepts in Denver, Westminster. Everyone is going to be a certified certified to to sale and serve alcohol. We do understand that Boulder has specific requirements when staff members are hired that they do need to be trained. Is that right? Yes, we understand that, and everybody will be trained prior to selling the beverage. Let's talk a little bit about doing, understanding, obviously, that we're on the hill. There are fraternities, sororities, college students, underage people. We just heard about. What are the things that we're going to do to make sure that we're staying vigilant and compliant. Well, yeah, I mean, we have. We take this stuff very seriously. We have a pretty strict regimen for our staff. They get tested on it, and if they obviously don't pass, they're not serving but some of the you know the

[134:03] we will be obviously checking ids. We only take pictured ids. That's state issued. Driver's Licenses state issued state identification passports and military ids. We never ever accept the vertical Colorado. Id. We id. Every single person that orders a beverage one drink per person per id. And you know we train our people, how to how to identify, fake ids and intoxicated patrons, and all the physical and behavioral behavioral, and how many drinks can be sold per id, meaning. I go in with my wife? Can I order 2 drinks? Or do you need to? Okay, explain that you and your wife would have to present an identification for that order to be to receive those drinks. So 2 ids. 2 people, 2 drinks. Let's talk about some additional resources. Id books, the state id app. Are we going to be using those?

[135:07] So they all have the I know they have 2,024 copies. We'll be updating those, if not to the 2,025 copies, and we also have the state app, which is always up to date, and if we have a employee that has a questionable Id. What are they trying to do? They have to get. Take it to a manager. So managers final discretion whether to serve that patron or not? What about ongoing training reminders? What are we going to provide? We con. We constantly train our staff. For one. We do pre shift before every meal. So there will be, you know, pop quizzes during those times, and then also we require all of our restaurants to do quarterly testing and training as well. And are all these policies? Read it? Sign it absolutely. They're responsible.

[136:10] absolutely. They'll either, you know, get demoted, suspended, or terminate and based on the circumstances. Yeah. And have you you heard from Officer Rex? She does compliance checks, and then also enforces the liquor laws, and she mentioned, working closely with the hill. What steps are you taking to? Work in conjuncture and compliance with full repeating? Well, 1st and foremost, I would love to reach out actually, I left off officer wreck a message yesterday. I'd love to be in communication with her prior to us, opening this this business because we are new. This is our 1st college town, so to speak, to open a a restaurant. So yeah, I just kind of want to understand everything. all the issues and problems that are happening on the hill and comply with those things and get ahead. And did you also direct me to reach out to Officer Rectier induce you to get those lines of communication going. That is correct, and we spoke about that. Thank you. Let's talk a little bit about the layout. I believe the Board has a copy of the layout. Is that correct?

[137:14] Thank you. If you don't have to go through every table and chair. But why don't you give the authority a rundown on the layout? So they know what to expect. of course. So you're you're looking at the documents. You're actually looking at it from Broadway. Our main entrance is actually those double doors from the courtyard. I guess. Plan north kind of in the center there. So when you enter the space, you're going to be greeted by a host. and beyond the host, you're gonna see a smaller dining room, and that's good. It's about 7 tables and 18 seats to the left. There's an open kitchen. So you have, you know, vibrant tropical wallpapers and really vibrant colored metal, decorative screens. So that'll be the smaller dining room. And then you notice to the right, after you walk in is the bar area. So there's a full service bar with a couple of tables in that area. Those tables are high tops, and then you continue to the the right of the bar there, and that's our main dining room, which has about 18 table. Or I'm yeah, about 18 tables, 70 seats in the main dining room.

[138:16] We do also have a patio. Correct. Okay, can you talk about the barriers of the patio outside? Yeah. The the patio is is fenced in. We will be seating all of our guests through the host stand, so they'll actually be walking through the establishment and entering the patio from inside the establishment and then exiting there as well when they're done. Are you able to see the patio from inside the establishment? Yep, there's a there's locked cantina doors at that location. So it's either going to be visible by glass doors or in the in the nice weather that'll be open. And will we also have staff there specifically assigned to the patio area. Yeah, there will be a server or servers scheduled, designated to that area only, though

[139:04] I'm sorry. So you'll have monitoring on the outside as well as monitoring Yup. We talk about alcohol so the majority, we have 2 areas where we store alcohol on Prem on the premises. One is behind the bar. I apologize. Your audio is really bad. Again. Oh, why don't you talk loud, Mr. Eddie? Just so they pick you up. You guys hear me? Okay, yep. okay. So we will be storing the alcoholic beverages at 2 places on site, one being behind the bar, which is not accessible by any of the patrons. And then there is a storage room, under lock and key that'll have the oh, you know all of our overstock essentially before it gets stocked to the bar. Only management will have access to that room.

[140:00] He's. Mr. Sandberg. Now we can't hear your questions. I'm down to my last 3. Do we have possession and control of the license premises for at least one year? Oh, yes, we're at the very start of our. The lease is a 10 year lease, with with 2 extensions available after those 10 years. And did you post the premises as required. Yes, I did. We'll be open 7 days a week for lunch and dinner service. We'll open at 11 Am. Daily, and close at 11 pm. Daily. What is we're we're hiring has begun well, interviews have begun. So we're kind of hoping to start the training and onboarding process around the the 1st or second week of March, and then that process is about 10 days. Of training onboarding staff on staff, soft openings, that sort of a thing. So we we like to be open, you know, in March mid-march.

[141:11] Well, thank you for your time today. Really appreciate it, and just want you to know that myself, I can speak on behalf of my partners and everybody that's been involved in this project that we're really excited to be part of the boulder community and and bring some of what we do here to the boulder residents. and I have no further questions. Thank you. Alright! Are there any questions from the board not seeing any? Is there anything else you wanted to present? Mr. Sandberg. We have no other witnesses. I just said, I do believe that we've met our burden. There's clearly a need and desire. It's a very responsible and experienced operator that's going into the location understands how to operate on the hill, and what needs to be done, and I think will be a good member of the community, and and would respectfully request that you approve the application.

[142:09] Alright. At this time we will close for deliberation. Is there emotion? Member Califano would move to approve the license. Member. Carr would second that motion. All in favor. Say, aye, member Califano. Aye. Member Absalom. I. Number card. I. Member Haggerty. I. Member Roberts. Aye. License approved, and good luck. Your build out's looking good. Thank you very much. Really appreciate the time. Thank you all. And Miss Kellogg, as always. Thank you. No problem. I'll be in touch. As the State approves. Alright, we are. Gonna jump back around here. 2 agenda. Item. Sorry. One second. Okay.

[143:04] To agenda. Item 8, which is public hearing and consideration of an application filed on November 20, second, 2024, from Fergie's indoor golf, Inc. Dva. The Birdie Factory, 2, 5, 2 0, Arapaho Avenue boulder, Colorado, 8 0. 3 0. 2. Andrew Ferguson, 100 owner, sole member and registered manager with the premises, bailing, business, mailing, address for a new entertainment type, liquor license. and I see that Mr. Ferguson is here. Hello! Can you hear me? Yes, good evening, Mr. Ferguson. Will anyone else be appearing with you? No. Perfect. I will just go ahead and swear you in, and then I'll hand it over to the board, if you will just say your name and spell your name for the record.

[144:04] Andrew Ferguson, A. NDRE. WFER. GUSO. N. And my home address is 3,601 Arapahoe Avenue, unit 2, 1, 9, boulder, 8 0, 3 0, 3. Thank you so much. If you'll raise your right hand. Do you swear or affirm that the statement you're about to get before the beverage. Licensing authority is true and correct. Yes. Thank you so much. I will hand it over. Give me one second. I'm just trying to find our procedures so that I can read them in. Since you're not represented by council. Okay? All right. This is a public hearing before the beverages, licensing authority of the city of Boulder to determine whether or not

[145:03] the business of Fergie's indoor golf, Inc. Doing business as the Birdie factory for a new entertainment type. Liquor license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado, and the rules of the beverage licensing authority of the city of Boulder. The purpose of this hearing is to receive information, data and testimony by interested parties, in order to enable this authority to make the findings, and to reach the conclusions required to be made by State law as to whether or not the license applied for shall be, shall issue. Interested parties are the applicant residents of the neighborhood under consideration, and the owners and managers of a business located in the neighborhood under consideration for purposes of determining who is an interest, who is an interested party. At this hearing. The neighborhood under consideration is the neighborhood previously defined by the authority.

[146:00] the authority shall make a final determination of the affected neighborhood prior to determining whether the license shall be issued. Any interested party may speak to the question of neighborhood designation, as well as the information relevant to the granting or denial of the application. The record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address, they shall also be sworn in by the board. Secretary. Is there any ex parte communication or conflict of interest from any of the Board members? Member Califano? No. Remember Absalom, no. Member, card, now. Member Haggerty, no. Amber Roberts, no. Alright. And is there anyone here in the audience that wishes to speak to this agenda? Item, if you could please raise your hand. not seeing anybody. All right, Mr. Ferguson, you may proceed. Thank you. As stated, Manager Ferguson, on behalf of Fergie's indoor golf, doing business as the Birdie Factory, 2520 Arapahoe Avenue boulder 8 0, 3 0, 2.

[147:08] I am a hundred percent owner. It is an S. Corp. I'm in good standing with the State. My intention is to open. In May of 2025 we currently have a lease. We have our building permits, and we are under construction. I have over 20 years in the alcohol industry. I received my 1st tips certification training at Liquor Mart. Here in Boulder I through a number of different avenues. I was a beer tour guide in Munich I owned my own non-alcoholic distribution business. I was operations manager of one of the largest Miller distributors in the Southern States for 3 years. 2,009 to 2,012. I was in charge of beer, festivals, and concerts, and over 10,000 people manage security servers. All the id checking never had a received a liquor violation during that period. Over 10 years ago I was the general manager at Asher Brewing Company. Here in Boulder

[148:03] for 3 years did all the higher hiring, firing, and training of all the staff, and during that period we also never received any liquor violations. My intention is to open an indoor golf training facility. It'll have golf instruction, children's camps, lessons, leagues, memberships as well in walk-in play. It is full swing golf into like a computer screen where you could see what your shots do. Kind of 3 pillars of the business improvement, accessibility and community. So it's for golfers. They want to improve their game for people that are might be intimidated by the game of golf to come in and try it out in a less intimidating factor, and to build a community around that concept. We are going to sell alcohol. To do this it will include beer, wine, and cocktails. There are 16 draft handles, small selection of wine and some signature cocktails that are in today's menu, but subject to change as business develops.

[149:01] no alcohol will leave the premises. There will be no to go sales. There'll be no alcohol delivery. The liquor storage areas are a few, and they're all locked and not available to the general public, and they include a walk-in cooler that is, 6 feet by 14 feet, and is behind a double door. There will be storage of liquor bottles in a well as well as on against a wall, with underneath locked cabinets for backup storage. There is a additional side office that is locked that'll have backup liquor storage as well. There are 55 seats in this establishment. We do not have our occupancy yet, because we haven't opened, but we're assuming between 85 and 100. There is no patio at this establishment. There are 2 entry and exit doors. One is public facing to the parking lot, the other is the rear to the alley in the back, and there'll be signage indicating that no alcohol is allowed outside on both doors.

[150:01] Our hours of operation will be 10 Am. To midnight Monday through Saturday. On Sunday it'll be 10 Am. To 6. This is a very seasonal business, so those will fluctuate with the seasons busy in the winter a little bit slower in the summer, so a little bad patience. We will have food offerings on site that will focus on charcuterie, granola, chips and candy and other prepackaged items. They'll be available during all business hours, and in addition to that, there are 5 restaurants in this establishment, or in the complex notably flower child, Kalita Grill, tiffin's pizza hut boulder, fresh garden, Thai. They have all agreed to deliver food for free to my establishment, and their menus will be promoted to all of our patrons, so that they can make a choice, and I could support my neighbors at the same time under the original lodging and entertainment rules now known as the entertainment license. I understand that less than 50% of my revenue can come from alcohol.

[151:00] I am in contact with a lot of business owners around the country of similar business types and in discussions with them the national average is about 20 to 30% of the income of this business type comes from alcohol, so I feel pretty confident that I'm going to fall within that same realm. although I have been trained on tip certification. 2 times I am expired. So myself and my entire staff will receive that training prior to opening prior to the discussion today and last month's discussion with the Rir. My idea was to go with their certified training list. I have been in contact with both Tom Regan consulting as well as Patrick Maroney, and have the capabilities of hiring either of them to train my entire staff, and I'm open to the Board's advice today, and information on how that might develop or change. Moving forward. There is a training manual that you should have received in your document. It is a living document. It's already been adapted since you guys had access to it, and will continue to be adopted and changed throughout the life of this business, and all the staff will be signing, said Document when they get hired, and when they anytime anybody else comes aboard.

[152:16] The number of staff is going to be probably like 4 to 6 full time or more part time. For servers and golf education people. There's also a number of PGA pros that will be giving lessons. They're all 1099 contract employees. The pos system that we have selected allows for alcohol beverage tracking per customer. So we know how many people are served. I will retain copies of all my business records on site, and they're available for inspection at any time. We will be checking all ids when the orders are placed. we will not allow people under 21 to be permitted into the facility. After 8 Pm. We will not accept vertical Ids. We will not expect

[153:00] allow expired. Ids. It'll be one drink per id. We will have an id verification book. We are looking into id scanners, and I know that that has been a discussion with the Board as to their efficiency and as well as the discussion with a lot of the certified trainers. So I'm open to advice on that as well. We most likely will invest in one, but we probably will prioritize individual training as the 1st line of defense. The staff will be knowledgeable that any violation of policy will result in termination, and possible criminal charges. Intoxicated individuals will not be served. New hires will be trained within 30 days, if not prior to starting to serve. There are 8 security cameras that will be installed at the location that will cover the entire area that alcohol can be consumed by the public. I understand that my liquor license needs to be renewed on an annual basis, and I will make the alcohol orders from wholesale license vendors. I did conduct my own petitioning.

[154:02] I did the petitioning on the dates of 122-12-8130, and 2 2, there were 401 attempted contacts on the residential side there are 47 signed 32 were under 21 17 refused to sign didn't really give a reason as to why. And there were 126 people that didn't answer their door. There were, whereas one person that wrote in opposed. But their reason for opposition was fun. and they also asked about how expensive golf lessons were and what the cost was associated with golf lessons. So I'm assuming, because it was noon on a Sunday. I may or may not have woken them up. and or they didn't understand the difference between oppose and favor. I did not catch the that that happened until about 4 or 5 signatures later somebody mentioned it to me. So I can't verify whether they actually meant to do that or not. But I remember having a positive

[155:03] interaction with that individual. There's also one person who signed that was not 21, and I eliminated them from the entire account. On the commercial side. 93 people signed there were 30 corporations that were not allowed to sign on behalf of their business. There were 34 people that didn't have a manager or anybody above 21 at the establishment, and there were 22 that refused to sign and gave no reason. So out of a hundred 40 in favor, one possibly opposed, we have 99% that are in favor of this business. Which is it a high likelihood that it's needed in this neighborhood? And this concludes my presentation, and I'm happy to take any questions from the board. Great. Thank you for that thorough presentation. Are there any questions from the Board not seeing any? Is there anything else you wanted to present? Mr. Ferguson.

[156:01] I think everyone needs to like, get up and like, do some jumping jacks or something. We've been here for like 3 HII see some lag going on very for me. Of course. All right. Well, at this point we will close for deliberation. Is there a motion. Member car will make a motion to approve this License. Remember, Absalom was second. All in favor. Say, aye, member Califano. Aye. Or Absalom. I. Car. I. Member Haggerty. I. Member Roberts. Aye. Congratulations, Mr. Ferguson, I must say great presentation. But just so, you know this is only a drop in the bucket. Califano. How long were we there for the last 12 h? Hearing we did one time. so. Believe it was about 12 years. Thank you for letting us stretch a little bit. But congratulations and good luck, great concept, great presentation. Yep, and and the policy. Appreciate. You guys. Succinct as well. I appreciated that. Yeah. Yep.

[157:00] yeah, I appreciate what you guys do. And I've attended bla meetings for over 10 years just for own knowledge sake. So and I've watched everyone for the past couple of months just to get prepared. So appreciate everything you guys do for Boulder. Perfect. Thank you, Mr. Ferguson. Sabrina will be in contact with you. Once she hears back from the State. Okay, let me get everyone where they're supposed to be. Okay. Now we're gonna skip back up to agenda items 5 we are on public hearing and consideration of a renewal. Application found on November 5, th 2024, from Boulder, Fa. Llc. Dba. Boulder, Fa. 2, 8, 5, 5, 28th Street boulder, Colorado, 8 0. 3 0. 1 manager with a premise business meeting address for a hotel restaurant type, liquor license.

[158:04] and I see Mr. Nguyen is here. and while Mr. One is excuse me being promoted and getting settled. Licensing will let the Board know that this Licensee is in good standing with occupation tax, but is not in good standing with sales tax at this time. Hi. Hi, Mr. Nguyen, thank you so much for your patience. I really appreciate it. So much for letting me go and back. So yeah, I'm back here, anyway. So thank you very, very much. Sure thing. I'm just gonna get you sworn in, and then I'll hand it over to the board. Can you please say your name and spell your name for the record. My name is my full name DUY last name wen NGUY EN. And if you'll give an address. 89 Sugar Beach circle, Longman, Colorado, 8 0 5 0 1.

[159:02] Thank you, and 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 and correct. Yes. Thank you so much. I'll hand it over to the board. All right, Mr. Wynn, since you're not represented by council, I'm going to go ahead and read the proceedings into the record. Yes, sir. This is a public hearing before the beverage, licensing authority in the city of Boulder to determine whether or not the application of boulder fu Llc. Doing business as boulder fu for a hotel type, restaurant liquor, license for renewal of excuse me, hotel type records, liquor license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado, and the rules of the beverage licensing of the city of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties, in order to enable this authority to make the findings, and to reach the conclusions required to be made by State as to whether or not the license shall be renewed. Interested parties are the applicant residents of the neighborhood affected by the license as previously determined by the authority

[160:16] and the owners and managers of a business located within the neighborhood. This hearing shall be limited to the question of whether or not there is good cause to renew the license as set forth in the notice of hearing. Dated February 19, th 2,025. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address, they shall also be sworn in by the board. Secretary. Is there any ex parte communication or conflicts of interest from any of the Board members for this agenda item, member Califano, no. Remember, absolute, no. And for Carnell. How do we know?

[161:00] Member Roberts, No. And is there anyone here in the attendees that wishes to speak to this agenda? Item, please raise your hand. not seeing any. All right, Mr. Wynn, you may proceed. Thank you, sir. So this is your time to let us know what the situation is with your license, your sales. So. Hello, everyone! My name is Dewey. I'm the owner of Border for Llc. Doing businesses border for so It's just my fault. I I mean, I was so easy to taking care of everything I have. So that's why I forgot until I realized it, and I submitted, and then it's very late. So I've been doing. I've been controlling all this so well. I've never be have any violation before. But you know right now, just getting life just getting more easy and so now

[162:07] I just forgot so. And to fix this and preventing this happening again. I have hiring, then company who consultant company, which is madroni consulting services to help me to control all of this, to assist me to training and tracking all licenses on premise and and and making sure everything is correct, and everything is on the track with them. So It's not just an alarm to do this, or just a notification on a tender anymore. I take this step seriously, that I I hired a company will help me to take care of this, and you know, to prevent the late things happen like this again. So.

[163:03] And can you speak to your sales? Taxes not being up to date? Yes, it's already up to date since last Thursday. Caitlin. Do we know anything about that? With. We talked with sales tax yesterday, and as of yesterday, it was not up to date or it was not in compliance, so. I drop off the check for them on last week, and they said, they will put but the post day that which was last Friday or Saturday I was I and my brother went to the office and dropped off the check for them to get the account up. To compliance. Okay. Yeah. Okay, great. So that is the most recent up to date information that we have. We can check again with sales, talks tomorrow to see if. Okay. The there is compliance.

[164:01] I don't know that anyone would be there right now for us to track. But the soonest we could check again would be tomorrow. Okay. Is there any other questions from the Board not seeing any, Mr. Wynn? Is there anything else you wanted to inform us about? No, it just all. It's just all about it. I dropped the ball. I forgot it, and that's my fault. So. Great. Thank you. Thank you very much. At this point we will close for deliberation. Is there a motion. This member, Absalom, I make a motion to approve the renewal based on a condition that we see that the sales tax is resolves from licensing because there seems some ambiguity around that. So once that's resolved.

[165:00] I'm so sorry to interrupt. Sales tax can do a check for me real quick, so you can. Perfect thanks. I'll let you know as soon as they let me know. you know, if you want to check. Yeah, I think she's working on it. But alright, you know, as soon as she does.

[166:05] We think we can potentially move forward with the motion that Member Absalom had already made. Just given, that we might, it might be resolved right now. Okay. So is there a second for Member Absalom's motion. Yep. Member Haggerty, Seconds Motion. All right, all in favor. Say, aye, member Califano. Aye. Number, have some eye. Maverick Ri. I'm a Haggerty eye. Member Roberts. Aye. Alright. So, Mr. Wynn. Your license is pre approved on the condition that the sales tax issue is resolved. And Mr. New and I did get confirmation from sales tax that you are in good standing. Perfect license renewed. Alright. Thank you very much. I appreciate it. Thank you so much, and thank you again for your patience. Thank you.

[167:01] Okay, now, we're going to skip down to agenda. Item, 10 agenda. Item 10 is public hearing regarding suspension of bla rules of procedure. 3 dash 6 and share, I'll ask, is 3 min an appropriate time. Do you think for that the preferred time that you would like for each public commenter perfect. And I see that we do have a few people in our attendees view. So if you are wanting to make public comment on agenda, item 10, which is public hearing regarding suspension of the la rules of procedure. 3, 6. Please go ahead and raise your hand, and I will allow you to speak and start a timer.

[168:09] Okay? Looks like Mr. Moroni is here. Let me go ahead and share my screen so I can get this timer up. Give me one second. Make sure I'm sharing the right thing. Okay. okay, here is the timer. And then, Mr. Maroney, go ahead.

[169:07] I can't see anything but my timer light here. So I'm not sure. What can you guys see me? Okay. You can turn on your camera, but you just have permission to talk. Oh, okay, I got you. Thank you very much. Give me give me Bill. I just I just wanted to to chime in to know that. I was aware of this issue, and just just recently I have not. I did not mind for the last couple of meetings, and Just want to let you know that alcohol beverage training is here to support any member of the any license in boulders for training. I know the State is having difficulty or not difficult time getting everybody trained. But we are available. To do that. We do have a train, the trainer program where people can be trained under our umbrella, and we have actually hired a few people to do that. It's certified by the State to do that. So I just wanna make sure that the bla understood that we're here to support them. And whatever you guys wanted to be, part of the discussion on how to make sure we get quality training to all licensee just on boulder. But across the State.

[170:09] You know, we are approved to do this by zoom as well as in person, and we do both of them. Well, we have several trainers that can do that. We have 2 or 3 weekly classes available through zoom that people can sign up on our website. But I wanted to find out if the bla had any questions about our program. What we do our history. So that you know, we can be partners with the bla. And of course, other communities. To make sure everybody gets good training. So that's what I just wanted to chime in and say, we're here. We're here to help, and any questions you have for us to be glad to answer those. Good. Thank you for that. Are there any questions? Not seeing any? All right. Well, thank you, Mr. Maroney.

[171:03] Yeah, I know that the need for training is definitely out there, and we're here to help provide that. So well, versed in the the training needs and the expertise in providing that. So yeah, thank you for the time to speak. Great. Thank you. Mr. Roni. Okay. Would anyone else like to speak to agenda? Item 10. Public hearing regarding suspension of bla rules of procedure. 3. Dash 6. Great, and is there any discussion with the board before I move on? I guess my question would be, are we voting on this at this point?

[172:05] Don't we? Didn't we send it for last hearing for a 3 month or a 90 day. if I'm correct. So I think we have to accept the testimony from the public, and on that agenda, 3 months from when we 1st said it, we have to really have to have a discussion about it. That's my feeling. I don't know if any other members want to say that, but I think we can continue to take any public comment that we can get around this and do our own research around training. This does sound like an ongoing issue. Yeah, this is kind of it's elastic at the moment, and I don't know exactly where to stand, but I think we should continue to take public comment. But I don't chair, Califano. I don't think we have to actually make any decision around this until the emergency order that we put in place and is my personal understanding of the issue.

[173:02] Great. Yeah. Well, I would agree with you in welcoming public comment. Every hearing. So in your packet, just for to help here in your packet on page 9 is the actual motion under agenda. Item 3. If anyone wants to. wants to reference that. And then when you said that you wanted to take public comment, at every hearing, do you want there to be an agenda item on every hearing, or just so like open to it during general public comment. I think, just open to it during general public comment. That's good.

[174:02] Okay, great. Can we move on to agenda? Item 11. Please. Okay. agenda. Item 11 is public hearing regarding the potential change in fermented malt beverage and wine off premises, type, liquor licenses. And before I ask for public comment. Licensing manager, Elisa Darrow is present, and she would like to give some background. Info on this. Hello, vla members. So the 1st thing I wanted to bring up to you is that there is actually no legislation. Coming forward at this time related to this issue that we're aware of. The city's Legislative Policy Committee does track all bills going through at the State level, and they always send us a heads up whenever there's anything related to liquor, and we are more than happy when we get that information to start, including it in your packet for you going forward, whether it's just if you want a short blurb from us, or

[175:03] about what it is, and maybe a link to where you could find the document or anything like that. But I did want to make you aware that we do have this legislative policy committee. They do monitor and provide official responses on behalf of the city. For this the city's position, and as a staff member I do occasionally get asked for staff comments, and those can include from law enforcement. It can include the bla and other stakeholders. Definitely think, keeping our finger on the pulse. Of legislation going through would be wise. I don't know if you would necessarily need to attend every hearing. But if you just want to send something that's just an update of Hey, this is what we've heard is being pushed through, or what we know is being pushed through. I think that would be very beneficial to have a heads up on that. I don't know how the rest of the board feels. Yeah, absolutely, being aware of what's happening at the state level is is definitely salient to the job that we do here. Okay, I can start doing a staff memo for each meeting of anything that's coming up in the Legislature for you.

[176:08] Maybe we should make you attend, and we'll put you as the last agenda item. I think I'm I will be here either way. Okay. Fantastic. Thank you so much, Elisa. Great! So I will open it up to public comment. If there's any members of the public here who would like to speak on this matter? Go ahead and raise your hand, and I will allow you to speak in order of hand raised. Let me get my timer back up here. Okay, I see there's 2 hands raised. and I'm going to start with Mr. Deerking. Mr. Deer King, you should be able to talk. Okay. Can you hear me?

[177:00] Yes, now I'll start your time. Well, thank you, members of the authority and for the opportunity, and also for taking on this issue. I know it's unusual for you to be asked to consider a policy matter about something that could happen in the future rather than something that's happening or proposed to happen. Currently. But that's exactly what this is. If you think back 10 years ago, where was the state of off premise? Alcohol in Boulder or in Colorado? And it was that there were 3.2% beer licenses. and there were liquor store licenses, and there weren't any in boulder but the possibility of a liquor license drugstore license, but one license only per owner for liquor, license, drugstore and retail liquor stores. Since that time the 3 2% alcohol limit has been removed. And so those licenses can sell

[178:01] fermented malt of any alcohol strength, and there are more and more products coming out. Many of them are like spirits, fireball and Spedka, and things like that that are mimicking hard alcohol. And they're allowed to be any percent of alcohol. We now have wine being sold in those licenses. and the age to sell alcohol above 3.2% is now 18, with no supervision required. All of those things resulted in harder alcohol and different types of alcohol being sold in a lot more places offered in a lot more places, and in many cases by younger people who aren't even themselves old enough to buy the product. I think there's a good argument that that hasn't been in Boulder's best interest. Boulder voted against Proposition 125, which was the statewide ballot issue to put wine in all these existing licenses. But as a result of these things happening either at the State legislature or by statewide ballot issue. Boulder lost any local control or any local

[179:13] say, in these changes happening in our community, and the chain stores have made it clear that it is their long term goal to have hard alcohol in all their stores, and that they want to do it with their existing licenses without having to apply, and with no local review. I'm asking you all to weigh into city council as to whether or not you think that would be a good idea. Or if you think that if that question is going to come up, that there should be some amount of local control or local review. These changes have been devastating for the independent businesses in our community like mine. I also think they've been detrimental to public health and safety. Increased access to alcohol by minors, and other reasons why it's a good idea for Boulder to weigh in. I see my time is up, so I'll conclude here. But I would point out that my reaching out to you started as a recommendation from Mayor Brockett.

[180:14] who said that Council would like to hear from the authority, and that in bringing these issues up to council, he suggested that I start with you. So I know Mr. Carr and Mr. Absalom have put a lot of time into this, and I just want you to know how much I appreciate it. And I'm available to answer any questions. If I can be of any assistance in your consideration of this matter. Thank you. Thank you, Mr. Durking. Thank you so much. Next I see there's a Lauren. I will allow you to talk.

[181:02] Phone. Hello. Okay, we can hear you if you'll just state your name, and then I'll go ahead and start your time. My name is Lauren. Touch members of the Boulder Beverage licensing authority. Thank you for your time. My name is Lauren Touch, and I was the owner of Ginger's drive-thru liquor in boulder from 2,003 to 2,018. Our unique location, housed in a former taco bell, gave us firsthand an unfiltered perspective on underage, alcohol, consumption. an acquisition that I believe, is critical to your current deliberations regarding the potential sale of spirits in grocery stores. While statistics and reports offer valuable data, they cannot fully capture the reality of underage attempts to purchase alcohol. During our 15 years at Ginger's we witnessed a constant and relentless stream of minors, both high school and college aged, employing a variety of methods to obtain alcohol.

[182:05] These included the use of borrowed or fake ids, attempts to convince older individuals to make purchases for them, pooling money for a single purchase, and even shoplifting. These experiences weren't isolated. They were a persistent daily challenge. The sheer volume and ingenuity of these attempts underscored the intense desire of underage individuals to access alcohol. a reality that, in my opinion, far surpasses what any statistical analysis can convey. The pressure on these young people to obtain alcohol is immense, and their resourcefulness in doing so is equally massive. I understand the complexities of balancing public safety with market dynamics. The recent passage of Prop 125, allowing wine cells in grocery stores has already placed a significant strain on independent liquor stores. These businesses, often locally owned and operated, are vital to the fabric of our community.

[183:06] They offer specialized knowledge, personalized service and contribute significantly to Boulder's local economy. Expanding the sale of spirits to grocery stores would undoubtedly exacerbate this challenge, forcing many independent liquor stores to close. This would not only impact small business owners, but also reduce the diversity and character of our retail landscape. Furthermore, I urge the bla to consider the potential consequences of increased accessibility on underage consumption. while grocery stores are a convenient option for many adults. Expanding alcohol sales to these venues increases the opportunities for underage access the sheer volume. The sheer volume of customers in the fast paced environment of a grocery store can make it more difficult to meticulously verify ids for every alcohol purchase.

[184:03] The recent king soopers, employee strike, highlighted the pressures faced by grocery store workers. often struggling with low wages, unfair practices, and demanding workloads. adding the responsibility of rigorously checking ids for alcohol sales. especially given the constant attempts by minors to circumvent the system places further burden on already strained employees. I see my time is up. I'll finish up here. I respectfully requested the Bla recommend to the Boulder City Council against allowing the sale of spirits in grocery stores protecting the viability of independent liquor stores, while simultaneously prioritizing public safety and minimizing underage. Access to alcohol is a crucial responsibility. My experience at Ginger's provided a unique on the ground perspective that I hope will inform your decision-making process. Thank you.

[185:10] Alright. Thank you. Okay, thank you so much. And last hand raised here. It looks like is someone named Sarah and Sarah. I've allowed you to talk. if you'll just state your full name, and then I'll begin your timer. Perfect. Thank you for your time today. My name is Sarah Jarek. I own B-town wine and spirits in Boulder. I have been here. As the GM. And now owner for about 7 years, and I have over a decade of experience in the industry. As everyone else before me has said one of the biggest things you know, aside even from just the local economy is really public safety here, like

[186:00] I hire all of my employees are over 21 years old, as the law states, they're all serve safer, Tip certified as well. So we take iding super seriously. We id. Everyone in the group doesn't matter how many people there are, you know. we we just take iding so seriously and with grocery stores and potentially liquor in grocery stores. You know. We all know that theft is a big problem, and whereas here, like you know, we can keep an eye on the door. We have cameras everywhere, you know. We can see, you know, when we think someone underage is in the store and keep an eye on them. That's just not the case at grocery stores, because there are people of all walks of life in grocery stores. And they the way that grocery stores are set up, and how they don't have to have all the alcohol grouped together makes it so easy for young kids to get their hands on. You know, fireball shooters, or the buzz balls that are so popular with the youths, or, you know, just wine that are sporadically set around the store, and then all the different like hard sodas. Now you can go through the self checkout with the real mountain dew, and scan that and

[187:02] get away with having a hard mountain dew. And just there's so many as the gentleman before me, Lauren was saying, so many in like genius ways of young adults getting alcohol. And then, further than that, I will never pretend that we don't deal with addictive substances. I really preach moderation and all things I have in part, I'm getting over a cold. So please bear with me. I have different substance, abuse pamphlets that I can hand out to people that are dealing with substance abuse disorders, you know, and having potentially recovering addicts, going to the grocery store and seeing hard alcohol. You know they don't have to go in a grocery pardon a liquor store, but they have to do their grocery shopping. So between dealing in a again like a very addictive substance, and people are trying to better their lives and keeping it out of the hands of the younger generation. I just don't think it's a good idea going forward. And then we have, like everyone else, has said with proposition 1, 25 passing. We've seen a big decline in business.

[188:04] You know. I donate to schools and the arts and different charitable organizations in town, and really try to become like part of the fabric of the society here, and really just become a place for community, and that just feels all very endangered. And so with that as well as the public safety issue. I would just encourage you to use your judgment. as these issues come available. I know there's a Senate bill kind of working its way through Colorado. Currently, it's Senate Bill 33 that deals with these issues. There was a hearing, I believe. in the last couple of weeks about that, so you can see those notes as well. But thank you for your time. Alright. Thank you. Thank you so much. Is there anyone else who would like to give a public comment on this issue? If so, please raise your hand at this time.

[189:04] Anyone else who would like to get public comment? I don't see any other hands raised. and would the Board like to have any more discussion about this. Think we just go back to what Member Absalom said, and just continue to get the public comment. Okay? I will move on to agenda. Item 12. And that is matters from Deputy City. Attorney Roberto, did you have anything. I do not thank you for asking, unless there are some questions about the procedure that will occur. Upon the chicken on the hill. Getting the order hopefully tonight

[190:07] does not appear so alright. Thank you. Actually, I might have one apologies. It's it's just gonna be like a show cause hearing correct. Correct the The biggest difference is that you will have the allegations ahead of time. As to what the city is going forward on, and what they'll have to prove by preponderance of the evidence. And I see that Elise, son. Only if anyone has questions for me. Perfect. Thank you both. I we will move on to agenda. Item 13. There was one boundary setting on your agenda, but that application has been withdrawn. So we do not need to do the boundary settings for that.

[191:07] No transfers, no sales. Rooms. You have your special events and your renewals in your packet. And the only thing that licensing has for you is that we are at the end of board recruitment. We did have 2 applications for 2 open seats, which is exciting. So we did one interview earlier today, and then we'll do another interview for the second applicant. I believe it's sometime next week. and then City Council will. If they're going to appoint any of those applicants they will be appointing on March 20.th So I'm devastated truly to say that that will be Member Absalom and Member Califano's last hearing is March 19.th So that's kind of the timeline on that. If they don't appoint both of the applicants, then we can kind of talk about what that would look like.

[192:05] So I will keep you guys posted on that. But I just want to say, thank you guys so much for all that you've done. And you've been. I've been here for 5 years, and you've been here for longer than that. So I really appreciate it. And yeah, looking like March 19th will be your last. Your last one. So you 2 aren't the applicants. Yeah, I'm not. I don't know about Member absolute. I applied for both of us, Matt. I applied for you. We're actually another 4 years coming up 4 more years. Caitlin, were any of them male or female? Well, or any. It's a. I. One is male, and I believe the other one is female, but at least you can correct me if I'm wrong about that. So just to talk about that real quick if City Council were to not appoint

[193:03] one or the other. would one, either Matthew or myself would have to continue on right to continue with the board. I don't believe that you would be required. We would have a quorum if only one was appointed. And actually, technically, we would have a quorum if neither one of them was appointed, so it would not be required. But I believe that we would be able to give you either one of you the option to continue on. I think I don't know how city council chooses, what seat to appoint in. I would assume it would be the oldest seat would be appointed first.st So, Member Absalom, your seat would be appointed first, st and then Member Califano. Yours would be next. All right. Council makes their appointments, they actually, in their motion will state which applicant is appointed. To which seat for what term? Oh, okay? And what's the timeline on that? The 20th you said of March? Yes.

[194:02] Alright. Sounds good to me. Okay, great. So I'll keep you guys updated on that. After that happens. And that is it. So now we're on agenda, item 14, which is matters from chair members of the authority. Don't really have anything. I mean, we've had longer hearings. But is it just me, or did that one feel really long. No one was a doozy. Yes. It just it felt unexpected with the the chicken on the hill component. I think I think we all kind of got a little bit, you know, even reading through that. It just felt like you kind of got smacked in the face with that one, because that that was just. We can deliberate about that down the road on the 5.th But God! That was, that was a lot to process. because we didn't see any sworn affidavits on any of those things we we got presented with all that information just in testimony today. So that's a lot to process, and we'll obviously have our opportunity on the 5th to to ask some questions

[195:07] about that. But yeah, I think that's what made it to me, Matthew, that's what made me feel like, Oh, my gosh! That was like took everything to a whole new level, because just processing the amount of things that are happening at that particular licensee. I was like I felt felt like harrowing, you know. It felt emotionally hitting me when I was listening to that testimony, and I'm sure everyone else on the board probably felt the same way, because that was like a lot. But it did feel that long. We've done a lot of long ones together, Matt, but that was long about long. With that I will make a motion to adjourn. I actually had one other thing I I wanted to say we didn't schedule a board retreat. Which we typically do, I think, in March. So what were the plans for that thought on that. Thank you so much for bringing that up. We. I was planning on asking what the retreat would look like once the new board members have been appointed so after they've been appointed in April, I was going to put it on the agenda. If you would like to talk about it in March with the members that will be here. Unfortunately, I won't know by that on March 19th

[196:18] who they're appointing, because they're doing it the day after. But if you want to, I can put a little agenda item on there, if you want to start thinking about it, or it's also good for the 3 board members that for sure will be here. If you want to start thinking about dates. We typically do them in June or July, and I am open. chill. those dates, or whenever you think will work for you, and we typically do them in person. I think Member Haggerty might be the only one who wasn't here for the last one. But yeah. So that's how we do it. So that is a good point. Member car. And I was planning on talking about that in April, after you have your new Board members. Sounds good to me. Thank you.

[197:03] I will go ahead, and again with my motion to adjourn. But before I say that you should take the retreat to Telluride or aspen next year. Maybe it wouldn't mean me and Matthew are off the board. You guys should do something crazy on in a hotel or resort. It'd be great. The member apps. I'm making a motion to adjourn. And Ricar will second that motion. All in favor. Say, aye, member Califano. Aye. Perhaps in life. Member car. I. Member Haggerty, Eye. Remember Robert's. Aye. We are adjourned at 6 20 Pm. Thank you. Everyone. Stay warm alright, thanks guys.