March 19, 2025 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] Recording started All right. Call to order the beverages licensing authority. Hearing for Wednesday, March 19, th 2,025 at 3 Pm. Thank you so much. I'll start by sharing my screen and give me just a second. 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 project's community engagement process can be found on our website, which is Boulder Colorado. 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, and 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.

[1:20] 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 public comment. The chat function, or in this case, Q, and a function should only be used for technical questions to staff, and it should be not be used for public comment. I will go ahead and move on to Member Roll call. If you'll just speak. Your presence allowed chair. Matt Califano Chair, Califana, present Can you remember Michael Absalom Number Absalom Present Remember Michael Carr. Member car, present. Member Brendan, Haggerty

[2:01] Better, Haggerty, present Member Leah Roberts. Member Roberts, present Thank you. Next, we have approval of beverage licensing authority. Minutes from February 19, th 2025 There any edits to the minutes seeing any? Is there a motion to approve? Member California would make a motion Member Absom seconds. That motion All in favor. Say, aye, member Califano. Aye. Remember Absalom, I Member Haggerty. Aye. Remember Albert's I Remember, Carl abstain because I wasn't present for the entire meeting. Thank you. Next we have approval of beverage licensing authority. Minutes from March 5, th 2025,

[3:01] Any edits to these. not seeing any. Is there a motion Member apps. We'll make a motion to approve the minutes Do we have a second Go ahead! I'm Roberts full. Second the approval motion All in favor. Say, aye, Member California! Aye. Member Haggerty. I Whenever I have some high Member Roberts. Aye. Member of our Wolvestein Thank you. Next, you have hearing agenda issues from licensing clerk. I have no hearing. Agenda issues for you today. I'll move on to agenda. Item 2, which is matters from Boulder, police department and Officer Learreck is here Good afternoon. Just giving you guys an update about our fraudulent ids. Those continue to be the top of our list so far this year 2 and a half months in we've received 561 fraudulent ids, and we're continuing to get more ids from last year. So 2024 received

[4:19] oh, 1,849 ids for last year, and just on a on a side note. The ideas that we've received so far this year from 13 establishments. So I appreciate those establishments getting those to me in a timely manner. I think that's it other than I. Still, I wasn't sure if this would be the time to bring this up. But I'm hoping to get those ride along scheduled with the members. The Board members who are still interested in going on those rides and chair. Califano, I'd love for you to come. Still ride, even if you're no longer part of the the licensing authority, but I'd love for you to come ride.

[5:00] and I think that's it. Definitely still interested. So I will be in touch Okay. Me too Perfect. Are there any questions for Officer wreck from the board? Officer, Rick, what's the best way to? Is it just to reach out to you to schedule that Yeah, you can reach out to me, and if I'm not available at a time that works good for you. Sergeant Marquez, who's in charge of the neighborhood impact team said that he would be more than happy to have you ride with him as well, so we're pretty flexible Thank you. I'll reach out. Well, if there are no other questions. Thank you so much, officer. Thank you. Next we have agenda. Item 5, which is general public comments for future beverage, licensing authority hearings. If you are here to make public comment on an item that is not on the agenda. Please go ahead and use the raise hand function, so let me know you'd like to speak.

[6:02] not seeing any hands. Last call for general public comments for future bla hearings. I'm not seeing any. I'll move on to agenda. Item 4. Showcase hearing concerning an alleged violation, and whether the fermented malt beverage and wine retailer off premise, type, liquor, license held by everyday store, Llc. Dba. Everyday store 570-12-7513th Street, boulder, Colorado, 8, 0 3, 0 2 should be suspended or revoked. If you're here to speak on this matter. Please go ahead and raise your hand, and I'll let you in. I see there was one raised hand I might have accidentally missed another one. If there's anyone else who's here to speak on this matter. Go ahead and raise your hand. I'll let you in. not seeing any perfect and

[7:04] the person titled GOLD, E. You are a panelist, and you should be able to also start your camera I have my camera turned on, and everything, but I don't know why it's not showing. Can you? Can you hear me? We can hear you hopefully, we can get that I am present with Harbin's Lolly Okay, perfect. Hopefully, we can get that camera to start. We do prefer that cameras. Let's see Well, we've If I do that. Start my video. There we go. All right. Now you can see us So before we begin, can we please get the attorneys to announce their appearance? We'll start with the licensee's attorney following the city's attorney. Goldenstein for Harbins Lolly, who's the president of Everyday stores, Dba. Everyday stores, 5,700. Registration number 1, 5, 9, 9, 8

[8:13] If we could get the city's attorney to record their appearance Thank you for the city. Deshauna, Sasweeta, Colorado, Attorney registration number 5, 3, 8, 4, 5, Great. So I'll go ahead and explain the process a little bit here. so that everyone understands how this will work tonight. This will be the order of events, because the city has the burden of proof, they will get to go 1st and last in the presentation of evidence and argument. Then the Bla will deliberate on the record. Then we will vote. If we find that the licensee committed a violation, we will proceed to the penalty phase. Now we'll talk about witnesses and evidence. First, st the city will have the opportunity to call any sworn witnesses and provide any exhibits. The licensee will have an opportunity to cross-examine those witnesses. The city will then have an opportunity to redirect the witnesses.

[9:06] and finally, members of the Bla will also have an opportunity to ask questions of each witness. We will follow this process until the city finishes with witnesses and evidence. Next, the licensee will have the same opportunity to call any sworn witnesses and provide any exhibits. the city will have an opportunity to cross-examine those witnesses. The licensee will then have an opportunity to redirect the witnesses. Finally, members of the Bla will also have an opportunity to ask questions. The city will then have an opportunity to put on a rebuttal case to rebuke any issues brought up by the licensee. Once both sides finish with witnesses and evidence, both sides will get to make a brief closing argument again, because the city has a burden of proof. They will get to go 1st and last. As far as deliberations goes. After all, the evidence is in, the bla will deliberate on the record and vote on the show cause issue. If we find that the licensee was in violation, the licensee will be provided an opportunity to provide any evidence in mitigation it chooses. Before we consider the appropriate penalty.

[10:17] the city will also have the opportunity to provide matters in aggravation. And finally, are there any questions about the process, and are both sides ready to proceed? City The city's ready to proceed. No questions Licensee We stipulate there was a violation, and we're in the process of going through the city's process to get permission to expand the beer and wine sales We do not have a signed stipulation before us today. No, you don't. But we'll stipulate right here on the record Roberto. Hi, thank you. We can certainly do this orally on the record, and what I suggest is that the city's prosecutor go through

[11:12] the allegation. We will put the licensee under oath, and the licensee can admit or deny each element of the allegation, and if that's the case, then we can certainly go into mitigating factors So correct me if I'm hearing this wrong. But basically we're going to give the city's attorney their chance to present their case No, the the city, the city's attorney, Deshana, will simply articulate each element. But before doing that we will place the licensee under oath, and and deshana will put each element on the record. The licensee will admit or deny. Each element assuming we get to the end, and each element of the allegation is admitted.

[12:06] Then then you accept the stipulation Great. So let's start with getting the licensee sworn in. Then My name is Harbans, as I am managing member of the everyday store. Llc. Address 1, 2, 7, 5. We're starting State Boulder, Colorado. Thank you so much, and if you will spell your name for the record Harban's 1st name, HARB. A NS. Last name Lali LALI 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. Thank you. Alright, so we can move forward with the city prosecutor and the allegations as listed

[13:04] Thank you. I am loading the document. One moment, please. There are 3 allegations at issue for today's show cause. Hearing now oral stipulation. the 1st alleged violation is a violation of Colorado liquor code 47, 3, 0 2, a changing, altering, or modifying license premises. It states, after issuance of a license. The licensee shall make no physical change, alteration, or modification of the license premises that materially or substantially alters the license premises or the usage of the license premises from the latest approved plans and specifications on file with the State and local licensing authorities without application to, and the approval of, the respective licensing authorities

[14:06] And one thing I did forget to ask was if there was any ex parte communication or conflict of interest from any of the board members member Califano has been in this establishment before. I was aware that there was a violation. But that's the only thing that I need to disclose any other board members Member, Absalom, no Member, card, now No. Member Roberts, No. Alright apologies. So Roberto. At this point the licensee has the opportunity to deny or accept the allegations He! Yes, we please update. Do you admit or deny those allegations Yeah, we admit that mistake happened. And and, sir, is anybody forcing you to admit to this

[15:00] No. Has anybody made any promises to you simply to get you to admit to this No. Knowing that any, that nobody has made any promises to you? Are you doing this of your own free will? Yes. Okay. the Board can now take a vote as to accept it at this point, if you find that he is knowingly and voluntarily admitted to this allegation. Is there a motion from any board member to accept this? Admission to the allegation And Ricardo will make a motion to accept the stipulation. To this admission Member Haggerty Seconds. The motion All right, all in favor. Say, aye, member Califano. Aye. Aroused them. I Member car. I

[16:01] Member Haggerty. I Member Roberts. Aye. Right city prosecution or prosecutor can proceed with the next charge Thank you. The second allegation today is a violation of the beverage. Licensing authority, rules of procedure, subsection 8, 3. 1. Permission required a licensee shall not physically change, alter, or modify the premises in a manner which materially or substantially alters the premises or the usage of the premises from the plans and specifications submitted at the time of obtaining the license without approval of the licensing clerk or authority And does the license accept these charges? Admit to these charges? Excuse me. Yes, it's basically the same as the last one. Yes, every last one Alright, and he's Sir, is anybody forcing you to admit to this

[17:03] And no sir. Has anybody made any promises to you simply to get you to admit to this No. Sir, have you had enough time and opportunity to discuss this issue and the other allegations with your attorney? Yes. And are you satisfied that you, in fact. are accepting responsibility on behalf of the business? Yes. Okay, you can take a motion. Now. Alright! Is there a motion to accept the admitting to the charges? Member Califano would make a motion to accept Member Carr will second that motion All in favor. Say, aye, member Califano. Aye. Or half of mine Member cart. Aye. Member Haggerty. Aye. Member Roberts. Aye. Right, we can move on with the city prosecutor to the next charge

[18:03] Thank you. The 3rd and final allegation today is a violation of Colorado liquor code regulation number 47, dash 9, 5, 0 subsection B subsection. One alcohol beverages immediately adjacent to soft drinks, fruit juices, bottled water, candy or toys, any retail liquor, store. liquor, license, drugstore fermented malt beverage, and wine, retailer, or fermented malt beverage on off premises, licensee that locates places or displays, including permanent or temporary displays, alcohol beverages, immediately adjacent to soft drinks, fruit juices, bottled water, candy or toys. Shell number one place signage that is clearly visible to consumers on any such shelves, cooler shelves or displays, including permanent or temporary displays that contains alcohol beverages, and is immediately adjacent to soft drinks, fruit juices, bottled water candy, or toys. This signage must be a be at least 8.5 by 5.5 inches, or 4.2

[19:15] by 11 inches, depending on the orientation of the sign B, use a font size of at least 40 points in black ink, and see state in all caps these products are alcohol beverages available for sale only to persons who are 21 years of age and older Sir, do you admit or deny that allegation We admit And, sir, is anybody forcing you to admit to this And no sir. Has anybody made any promises to you simply to get you to admit to this No, sir. Are you doing this both knowingly and voluntarily. This mistake happened by honest mistake and just this.

[20:00] But are you? But are you admitting to this knowingly and voluntarily, that is to say. Do you call them Allegations. Yes, we admit Okay, all right, you can entertain a motion And is there a motion to accept this Never call. We'll make a motion to accept There a second Member, Roberts will second motion to accept All in favor. Say, aye, member Califano. Aye. Perhaps online Amber, karai Member, haggard AI, Ember Roberts, I Alright, and Roberto, correct me if I'm wrong. But at this point we've got a signed stipulation correct Well you. You have a stipulation, however normally, in a signed stipulation, the prosecution would be able to have provided the facts and circumstances surrounding the allegations. So if the city prosecutor wishes to call a witness just for the purpose of the facts and circumstances, so that

[21:15] the bla could understand the factual basis. Once that is complete, then you can accept matters in mitigation from the licensee Great, I would turn it to the city prosecutor. Then, if you have any witnesses, you would like to call Yes, thank you. The city would like to call Officer Leah. Rec. Officer. Rec. Before you begin. I'll just go ahead and swear you in if you'll say your name, spell your name, and give your position for the city Officer. Leah. Rec. I'm a police officer with the city of Boulder Thank you. If you'll raise your right hand. Do you swear or affirm that the statements you're about to make before the bla are true and correct?

[22:00] I do? Thank you. Officer wreck. Can you please explain to the board what has brought everyday store to your attention? Yes. Oh! On December 30th I received an email from the then licensing manager, Kristen Sean Garris, that there was information that there may have been some unapproved modifications at the everyday store located at 1275 13th Street, and she asked if I could follow up on those that information of those possible violations And did you follow up on those violations I did, I requested that she send me a copy of the allegations were that there had been some modifications made in the store with alcohol being stored where it was not approved for the license, and so I asked her to send me a copy of the approved layout, so that I knew what I was looking for, or an officer knew what they were looking for when they went to the location

[23:15] Based on your review of the store's approved layout, where was alcohol required to be located at in the store So there was an approved layout that was done back in 2019, and it looked like they had just approval for alcohol to be stored in coolers, and possibly behind those coolers, so no access to the public, but just in coolers that were along a back wall as you walked into the store. I guess it would be a back wall. I'm not good with my directions here, but so just in the one location And did you personally go to everyday store to review the current layout of the business

[24:00] I did But after I asked Officer West to go up there I had some restrictions, and I wasn't allowed to go myself that day, and so I asked one of my coworkers, Officer Mike West, if he could go up and just do a walkthrough of the store and capture the store on his body worn camera, and then he came back to the police department and gave me an update, and we reviewed his body, worn camera with what he saw, and then the following day I was able to go up, and the store was closed at the time, but I could see inside the front door, so just took a couple images of what I could see from the front door. What date did you ask Officer West to go to everyday store That was going to be on. Let's see here December. Give me a minute. officer West went up there, I believe on. I just had it right here. He went up, I believe, on the second, the 1st on the second. Yeah.

[25:03] Could you be more specific with the the date and the month Yes. January second of 2025, And is it your testimony that you debrief with Officer West, and reviewed his body? Cam from that that visit on the second Yes, I did. And what did the body cam footage, review. It revealed as as Officer West explained it, there was alcohol piled everywhere, and virtually so. How he walked down the aisles was. He walked down each aisle separately, and I cannot say the words serpentine through the store, and virtually every single aisle had some type of alcohol stored within the aisle or look like some end. Caps might have been moved, and cases and pallets of beer cases of beer were stored at the end. Caps. There was virtually alcohol throughout the store

[26:06] Was any of this alcohol near candy, soda, or bottled water Yes, as a matter of fact, there was several locations that the alcohol was literally right. Next to you would see some snacks, candy. alcohol, more snacks, more candy. There was no signage there, indicating that it was alcohol, and that happened from what I could tell from the body cam footage that happened several times throughout the store several different aisles, as well as up towards where the fountain machines were. So where the soda fountain machines are right literally on one side was the fountain machine. The other side was cases and pallets of alcohol. Did you previously testify that you followed up and went to everyday store yourself? After Officer West visited the premises

[27:01] I did. The next morning I went out. I had another officer with me, and the intent was to go into the store and have a conversation with the manager, but they were closed, so I was only able to just capture a couple photographs from the front door, which was locked, but they were glass doors. What were you able to see through the glass doors I saw exactly what I saw on Officer West's camera from the angle. The only angle that I was able to see was the cases and pallets of alcohol stored at the end, caps of the of the aisles Officer. Do you have any additional facts that you believe need to be highlighted before the bla today? I think we covered them all. Yeah, I think that we've covered them Thank you. The city prosecutor has no additional questions for Officer Rick

[28:00] Great. Thank you. Does the licensee have any mitigating evidence as to these? Hear this testimony? At this point. The mitigation would have been would be that the original design of the store left the whole middle of it blank, and it just showed the beer coolers. So when they had an over delivery of beer way too much, it did get stored throughout the store. But these are cases on pallets, not individual cans, that somebody could grab easily. and as soon as he became aware that all of that has been moved back behind the coolers that she was talking about, and no extra coolers have been used. And there's

[29:00] the shelf that's facing the beer is is empty of snacks and things, so that at this point there's no adjacency. There's nothing next to the candy or the snacks. Second mitigating thing is, we've gone over this with the one of the city clerks. So we're in the process of applying to have a different setup put in, because there's also wine that's now allowed. So we need to designate where the wine is. And also, we're asking for a floor display in that application right now we're in the zoning process. So we'll follow through. With that everything is in compliance at this point separated and put behind the coolers. Until we can get approval for a change. The 3rd one is that we had a misunderstanding

[30:06] since no shelves or coolers, or anything else actually physically, were removed in the store. There's not been no modification that was anything other than where the beer was put onto the floor. And so, and maybe maybe also the wine. So at that point it was being stored inappropriately, but not deliberately put out for sale there. It was a matter of too much beer, not enough space and until we have permission to put it anyplace else. Everything is pulled back behind those 4 coolers And Roberta, are we able to ask questions of Officer erect, and the licensee? At this point

[31:01] You certainly can Are there any questions? We'll start with the licensee. Are there any questions for the licensee? This is Member Absom here. So I'm just wondering. You said too much beer, not enough space. Can you just explain what that means, I mean, isn't there the reason why you order something for your license premise? Just can you just expound on that for me? No, we don't order Beer company. Send his rep, and he send a bigger delivery. and even I don't have a knowledge. We cannot put a more delivery in floor plan. My beer vision. We need to change only walking cooler and outside. We don't. I don't have knowledge because I'm not in the liquor business before 3.2 beer. The sale is very low, but when the regular beer come and sale increase much higher.

[32:04] and then Beer Company deliver a lot of beer there, because Sale there. And I I we make a mistake. This is very honest mistake, because we don't have. I don't have a knowledge. We cannot put any any beer wine outside, and beer companies, and a bigger delivery, and then no room there to put it, and he install everywhere. That's true, and mistake happened, but I don't have a knowledge about it. I am Mark, my company market, Dr. Mark Norak, and he don't have either any knowledge also about we cannot put any stock, any beer, wine, the floor. And that's why mistake happened when we got a notice next day I go to store with the Mark North, and we remove all the beer wine from the floor plan and put it behind the walking cooler.

[33:01] And mistake happened, and we accept a admit mistake happened there. But that mistake happened because I don't have a knowledge. I cannot put any beer on the floor plan. And that's why we admit. And but when we got a note in right away by remove everything, and very mad, the beer company and he took some beer bag, which one we don't need it, and he put the extra stock of beers to show the public we have more beer, and but we we are responsible because we are licensing. And suppose I knew before. But mistake happened Oh, go ahead! Go ahead, member, hop on! If you'd like I was just. I don't really have a question. But more of a statement, sir. You are in the liquor into business. You have a license that you over. You have a store that sells liquor that you oversee

[34:04] and in this location it is a little disturbing that you know you. You're not aware of what that entirely means. No, no, I I'm not One second. Give me one second here. And if you didn't know if it was okay or not, you know you can always check with our clerks. That's not an issue, and they can tell you that or not. But yeah, I find it a little scary that you don't know the full background of of what owning a liquor license entails, and the responsibility that that entails I never, in the liquor business, sold a hard liquor before. We have only 3.2 beer. A sale is very, very low, like monthly 2, 3 grand. But when get a regular beer sales increase much, much more higher. But I accept my mistake. I didn't search before we put in more beer. But Beer Company deliver a lot of beer in the Kc. Still there, and

[35:12] I have Mark Norc in he my market doctor, and even he don't have a knowledge, and I don't have a knowledge and overseas. I don't drink a liquor or beer. I don't go to liquor store, and we admit we make a mistake. But that mistake happened only because I don't have a knowledge, and that's my fault, and I accept our fault, you know, if if I may, he's not in the store daily. He's he has a string, and there was a manager. That manager has since been terminated. And the original question was, why did he order too much beer? He didn't. He ordered a regular amount, and the beer company brought a lot more and left it around the store, and they told him in their experience.

[36:08] Boulder's pretty much the only place that they have a trouble with, that there was more beer in the store than just behind the coolers. So that was. you know, when you talk about it being on pallets. That was how it was delivered to them, and the manager didn't stop it. So as soon as he became aware of it, some of the beer was sent back, and the rest of it was packed into the storage space that there was. So yeah, he made a mistake, but he rectified it as soon as he could, and he's applying for a different floor plan, one that actually shows all the shelves and everything else. And we've gone through the store and delineated where anything that would be considered a snack or a soft drink. We don't have toys, but anything that that might be picked up by, say, an 18 year old.

[37:04] Because we have very few children actually come into this store, but it's it's been separated, and we're applying to have it done correctly. But this I'm just saying your city is way stricter on placement of beer on the floor than in the experience of the marketing director that we talked to This is member apps. I'm here just to be clear. So your client understands whether or not the distributor made a mistake. The license premises is the responsibility of the licensee, and that's not just in the city of Boulder. That's in the State of Colorado. So I just I don't know what kind of marketing director you're talking to. But when you have a licensed premise for where you can store alcohol, that's not because of our city, it is also your client's responsibility to understand what is being stored in their license establishment. Whether or not the distributor brought more beer than they ordered.

[38:01] That is, besides the point, once something happens like that, it is the responsibility of the legacy, and that is not just the city of Boulder. Just so we're clear around the rules. So I don't want to say you're trying to blame our rules here in this city, but it's the way that the law of the State of Colorado works. So whether or not too much beer was, I just want to make sure your client is aware whether someone didn't know or didn't understand it. It. That's besides the point. There are rules being broken, and that's all. I want to make sure that we're clear of understanding with your client, and that's That's it. You may not have understood, but he did say twice that he is responsible. He considers the liquor store something selling, say vodka and things, but he understands he's selling full strength, beer, and wine, and that is also full strength. And Once the students on the hill old enough to buy, understood that he's had a large increase in the number of people wanting beer. So like I, said he, he accepts responsibility.

[39:05] He has, and we're going through the process to come completely into compliance, so that there is also a different storage area mark, so that out of the reach of the public and out of sight of the public, so that even if too much ever got delivered again, it could all be put away better. and the manager is also going through this with it. The new manager is going through this with him to make sure that it's not a repeated mistake I have no further questions. You just mentioned that you're working towards being compliant? Could you elaborate on that So. Is not still compliant He's compliant now, because the beer has been either removed or moved back behind the coolers that was always storage.

[40:00] The same with the wine is, is behind coolers and To become compliant, we need to finish submitting a zoning request, and which is, oh! Was unusual to me, at least because we haven't physically changed anything in this store. We've some of the alcohol was placed where it shouldn't have been as storage, but the shelves haven't moved. The coolers haven't moved that kind of thing. So as a modification of premises. Boulder requires a zoning review, we're in that process. Then we'll finish with the application, which will become in front of you, with a different floor plan and a different arrangement, and with a very clear separation between any alcoholic beverages and anything else so

[41:02] pretty much everything in the store, except for a few things like car. windshield, wiper, fluid, or something like that. and a few medicinal things. Almost everything else in the store is something that you would categorize as not being able to be next to alcohol. So we've planning where the signs would be to make it very clear to everybody that the back half of the store and she was Ms. Reck, was a little bit unclear on directions. But we're talking about the south half of this store as being where the alcohol is proposed to be where it currently is allowed, and so that we're in compliance with the old floor plan, and we're requesting a different floor plan in the process that we're going through.

[42:00] which obviously, you will get a copy of and be able to vote on it. Or if there's objections, we can negotiate with those people about it. Are there any other questions for the licensing I just explained it Oh, no, sir, I'm sorry we're we're just getting questions. We'll have time for closing a closing statement in a minute. All right. We can move to Officer Rect. Are there any questions for officer? Rec Officer. Rick, this is Member Carr. I had one question for you. Was it just beer that was around the store, or was it beer, wine, and other forms of alcoholic beverages. So it was. All sorts of it was beer. It was wine. The wine was stored mid. As you're walking down the aisle there'd be. The shelf. Space was with wine, so it wasn't just an overture of beer. There was wine placed throughout the store, the little pop, fizz alcohol, and there was also another cooler, and when I see the the directions or see the layout, I see now

[43:17] the direction. So the west wall is where the coolers are. The north wall also has a cooler that is not on the license plan, and amongst that cooler with like protein drinks, and such were was also bottles of wine and things that were stored in there as well. So again, it was not just an overture of beer it was quite. It was scattered around the store of more than just beer Thank you. Officer rack have you visited since they have been notified of this hearing? And can you confirm if they are now in compliance

[44:00] or not. So I have had some work restrictions. So I've not been able to leave the police department, so I did not get to go back out and take a look, and I'm not sure if licensing was able to make it up there to take a look Okay. Thanks. Are there any other questions from the board for officer wreck not seeing any. Alright at this time. Does the licensee have anything else he'd like to present Yes, when I got a note, then I understand. Then I knew that we make a mistake and violate, and right away I will go my marketer to go. We go 2, 3 day, move everything right away from the floor, and call to Beer company. He come! He pick up a extra beer which one don't sell, and he put a lot of beer, and then I go to city and meet a city clerk and request. Please send someone again to check it, to remove everything already.

[45:15] because the mistake happened. Honest mistake happened because I don't have a knowledge. But I admit, I'm business owner suppose I knew before, and I request a particular regard. So please send someone and check everything. We remove it. And this. and sitting, let's say we can look whatever we can do. But which day I got a notice after 2, 3 day later, we'll move everything, and I don't want to violate at any condition. I strict. My people must check a id any customer come without id. Don't sell it. But we make a mistake, and that's why we admit. And I'm responsible to my people. And

[46:04] we are completely, not responsible. I'm responsible because I have to more for more careful. And I can promise in future never happened that kind of stuff. Because now we are mostly we have a knowledge, and before I don't have knowledge, that's my mistake, and whatever oh, fine, or whatever you want, we can cooperate. And when we got a regular beer before monthly share for beer couple of grand, and now it increased a lot. and we we request, please forgive this time, because mistake happened. But honest mistake and I and that's my mistake. I don't have a knowledge before, and now I have a knowledge, and in future never have that mistake happen before we get any approval.

[47:02] We cannot change anything. Alright! Thank you very much for that. Does the city prosecutor have anything to close with No, thank you Great. Thank you. So at this time we will close for a determination or deliberation, and determine what we may do in these charges. Is there a suggestion from any of the Board members? I believe this falls under code of conduct That was my question. And we're looking at 3 counts Now, so we put all the sign back

[48:02] We are closed for deliberation. At this point, Sir Sorry. We won't be taking any more testimony This is Member Absalom here. it just sounds like sure it was a mistake, but nonetheless. there's admit there's an like. There's a clear admittance to all 3 of these counts. So, and I'm not seeing a whole lot of mitigation other than that. It was just a mistake. So I mean. If there's more discussion, I'm I'm willing to make a motion on the table value, but I'm willing to hear other Board members I would agree with that. And this is Member Califano, in that. while, you know, I do consider a mitigating factor, the admission of guilt. It's also an aggravating factor being that they don't have the knowledge of this and given their location and the demographic of the neighborhood. It's you know it's it's concerning to me that such a thing could happen that would blatantly violate their law because of a quote unquote lack of knowledge.

[49:05] And you know if you're if you're in this business, you feel like you really should know what you're doing. It's it's a high stakes business This is Member Carr, one of my concerns. And what I think actually sort of is more of an aggravating factor here is that it. It doesn't seem like there was proper training in place, maybe, for the store manager. At least, that's very concerning to me, and you know, also there were no mitigating factors or anything submitted to us, you know, at least 9 days to licensing. So those are. Those are definitely some aggravating factors. I do appreciate that they have accepted responsibility for the violation. That's very important. But it's very to your to your point, Member California, very. Concerning given the location, especially And Member Absalom. Was that a motion No, I said I was willing to make a motion until I heard from other board members. I just wanted to see if anyone else wanted to weigh in before I did. I'm ready to make a motion unless someone else wants to to weigh in

[50:09] Why don't we go ahead and have? Well. Member Califano will make a motion for table value. Is there a discussion at this point, or does anybody have any alterations to Member Califano's motion? And just for the record, the table value is 18 days served with 27 held in abeyance That's correct on the table value Is there a second discussion? Remember Absalom will second chair. Califano's motion Alright! So we have a 1st and a second. all in favor. Say, aye, member, Califano. Aye. Number Epsilom. I

[51:00] Number car. I Member Haggerty. Aye. Memora Roberts. Aye. Alright. So now, we need to determine days of sentencing. Caitlin. Are we good for if to start this following Monday Yes, we can create posters tomorrow Great. So those posters will be ready for pickup and will need to be posted from midnight on Monday morning for 18 consecutive days, that you were open. and no liquor can be sold in that timeframe. You can stay open as a gas station. Just no liquor sold in that timeframe great, and I think that's it for this agenda item

[52:06] Yeah, there's no further questions or anything. I will send an email whenever the suspension posters are created. With pickup instructions and things like that. Thank you all very much for being here That was the only public, or hearing that agenda item that was on the agenda. So I will move on to agenda. Item 5, which is matters from Deputy City attorney. If Roberto has anything. it looks like Nope. next we will move on to agenda. Item, 6 matters from licensing clerk. There is one boundary setting on the agenda, and that is for Stella's lounge, Llc. Dba Stella's Lounge, 1 1 2 3 Walnut Street, suite 101 boulder, Colorado, 8 0. 3 0. 2. For a modification of premises.

[53:13] This Licensee has actually requested to speak to the board before the boundary setting. It's totally up to the board. If you want to hear from them, they are here. Their attorney is here waiting to speak to you if you would like. If you would like to allow that, then I will allow them to speak. If not, you can move forward with the boundary setting I'd like to hear what they're planning on altering. How's the rest of the board feel if they can keep it brief? That is Totally perfect, and I see there's a few people in the waiting room. So if you are here to speak on this matter, go ahead and raise your hand. So I know which person to allow. Okay. and I'm just gonna go ahead and promote you guys to panelists so you can turn your cameras on.

[54:01] and I believe Mr. Harden is the attorney for this applicant. Good afternoon. Can everyone hear me? Yes. Fantastic. Well, appreciate you. providing me the opportunity to speak here. I will keep it brief absolutely. My name is Sam Harden, Colorado. Registration number 5, 8, 7, 5, 8. Here, on behalf of license Holder Stella's lounge, you know, we're here today to request an administrative review and approval of the modification of premises associated with the existing hotel and restaurant license. So at play here today, you know, Stella's has been fortunate to have grown and have more success than even initially imagined, and with this success has created a need for the business to continue to grow and meet the needs and desires of the community it serves and

[55:04] included in these changes. And the reason for our appearance here today is an increase to existing storage space, which will in part be, include, or which will in part include, an expansion to liquor storage areas on the premises. This change has been approved by the landlord as well as boulders, planning and development services notably and really, the reason for our appearance and request for an administrative review and approval is that there will not be any changes to the existing safe and successful operations. If this is approved, you know this is not a new space, but only an expansion of a second floor existing storage area, which was and will continue to be off limits to customers, and accessible only to approved employees handling

[56:00] liquor and things of that nature. So this upstairs. Storage area is accessible only by employee, key card and all liquor in the area will continue to remain behind lock and key. And so essentially what this is doing is taking about 101 square foot storage area upstairs and licensing it to about 1,200 square feet, to provide some additional space for that safe storage of alcohol. So we request that that modification be administratively excuse me, administratively reproved to avoid undue time and expense given that they are ready to to expand and and begin using this space to benefit their customers. I believe we also have a representative or 2, including the general manager. Jason Feibel, present here today, in case you all have any questions specific to the operations themselves. Obviously I'm available to answer any questions as well. But that is our

[57:04] all requests at issue here today. Thank you. Caitlin, quick question when our or or I can't recall permanent modifications always come before the Board. Correct They do unless you choose to allow them to be approved administratively Okay? And it's Temp Mods that we typically don't see correct Correct. All right. Well, are there any questions for Mr. Harden, or or from the Board 1 point of clarification. So this is not expanding your service area for alcohol. This is only expanding liquor storage, correct That's correct. Thank you. Yep. Same operations will will continue.

[58:00] I also have the application. Pulled up. If the board would like to see what they've submitted That was my one hold back is we? Haven't, you know, seen what they're trying to do? So and i i i was just gonna say, I kind of don't want to be put on the spot per se, and just to follow you know, legalities and treating everyone the same. Personally I would not. It's nothing to do with the business. It's I'm sure they have it all in order, but just to stay on the same page and be equitable with this. That's my opinion. I don't know how the rest of the board feels This member, Absalom. I have to agree with Chair Calafano here, careful with setting a precedent here now, because if we start, if this authority starts to do, making sort of changes around administrative approvals. When our rules say that any change a permanent modification has to become has to come before this authority. I would I would just be a little bit wary around doing that. So I kind of want to echo what chair Calafano is saying. We should follow what we, in my opinion, we should follow what we've always done

[59:22] This is member car. I have a slightly different opinion on this, since it is only for storage. I don't see how there's too much of an impact really, to the community is at large. And you know, any. Really, I can't see of any negative impacts that would happen specifically if we're able to review the the application, and, as they they've already stated, will be kept under lock and key. that's that's that's my opinion. Like to allow them to to move forward with this for their business I happen to agree with Member car on this one. I I think it would maybe just hold them up a little bit, and it's just an increase in storage space. But you did say, from a hundred square feet to 1,200 square feet.

[60:13] is that what you said That's correct, and I'd be more than happy. It's on my screen as well. I'd be more than happy to share my screen and show you all the changes that will be taking place, and if the authority would like to take it under consideration and discuss come to a decision whether it's, you know, not at this hearing, but in the next, you know, coming days or weeks, you know, I think just the the sooner the better for the business. I absolutely understand the the concern shared by by some members. And so if it would help to to walk through a bit of those changes, I'd be more than happy to do so. And we're typically given these kind this kind of information in advance, so that we have plenty of time to review it.

[61:01] That's all I meant when I said, being put on the spot per se Personally, I like taking my time to really review. I I understand this it from what you're describing. This sounds like a very low risk change. and so I get where you're coming from. But that's just my stance with kind of as Member Absalem said, keeping precedent and setting precedents Yeah. And I just want to kind of talk more about that. Just to your point. I understand what member car and Member Roberts are saying, like, Yeah, let's, it doesn't seem like that much. But think about all the licenses in the city of Boulder. So now we have a process right where we would see now these drawings on our next hearing, and everyone else would have to wait that way if we start accepting people's requests to make administrative adjustments without even looking, even if they presented the materials to us right now. And we, even if we took a break right. And we we took 30 min and looked at it. Any licensee in the city of Boulder can come and say, we're gonna ask with, you know, to do this administratively with the board. As much as I agree with everything that's saying from business perspective. And I totally respect that you need to go and do this. If we do this now, I promise you you're gonna see, it's just gonna change the way that we operate. And I I would just I personally don't agree with doing it this way, and I would just warn against it. That's just my feeling

[62:25] I'm fine with it either way. Think about like. Think about any redrawing of license premise you've seen so far since you've been on the board right Right. And I also know Member Absalon. And you guys have a lot more experience and have seen a lot more. So I do take that into high consideration, and I would hate to then start that precedence of like every every time. It also makes it difficult, because it's not in front of us. Maybe if it had been included, that would have been like a little bit easier. But it's true. It's not even here. So yeah.

[63:01] It's something that you could bring up at your retreat. Your retreat. Oh, actually, I think this is my last hearing, unfortunately. So I'm going to miss the retreat I might be watching as a spectator, but the bla has an opportunity to potentially look at these rules and change and change the rules right around accepting administrative changes. But that's that's we, the rules in place, so the community can talk about needs and desires. We can get the materials in our packet, and then at the next hearing, we can go ahead and approve a change. That's the process, right? So like, I said, I understand this business component. That's something that should certainly be taken into account. But that's something that the bla members need to decide to change rules around. If you want to change a rule right now for this one licensee. I would be, I would be remiss in not saying that I'm a little bit frightened about the precedent being set I would agree with Member Absalom Yeah, at the same time as as a member car, couldn't we? You know, say, this is just for storage, right? This is not for service areas. So like we don't. And even we're not setting a precedent. We don't have to ever approve another administrative

[64:12] review. If we choose So just as an example, the the last agenda item that we just saw where there was a problem with where things were being stored right? So if you say, now, okay, because it's just storage, right? What's stopping any other retail place from saying, Hey, we're gonna we need to change our stores right now, and we don't get the communities input again. I'm just kinda I want us to talk it out. I'm I'm totally understanding what you're saying. I operate business in this town. I know how it goes, but I just have seen so much around this, and if we, if we end up doing this, which is obviously up to the boards. This all of our decision? you're. You're talking about places that have. They're going from one, you know, up to 1,200 square feet. Think about the places that have thousands of square feet, and it's gonna be hard if it's just for storage right? And I understand there's no

[65:11] significant change to how they're serving alcohol. But if you do this now, you're going to look at these big places they could, they could come at you with a bigger change that we're not going to be prepared to do, and not even having seen a drawing like that just seems a little crazy I would also like to add that the way this was publicly notified on our agenda was a simple setting of boundaries. So that they can do the public surveys and we typically don't see licensees showing up to their boundaries. It has happened, but it's not a common thing is this were to show up as an agenda item, and you were a member of the public. you would, I think it. It just sets a precedence of how you're notified of this, like someone that saw. Oh, they're just setting the boundaries, for that might not have thought to be present should they have wanted to speak up to this agenda item today.

[66:10] That's a fair point. So in that case Member Califano would make a motion to not grant the administrative renewal and have them follow the normal permanent modification process Remember, awesome one second. All in favor. Say, aye, member Califano. Aye. Every absolute eye. Never car abstain. Member Haggerty. Aye. Member Roberts. Aye. Roberto. An abstention vote is a no vote

[67:01] All right. I'm real sorry to do this to you and your client, but we just want to keep that precedence. I'm sure everything will go great No, I appreciate it. I think the precedent is that it could be available for administrative review with your complete discretion to accept or deny on that administrative review. The applications been in in your possession or in the clerk's position here for over a month now, but I completely understand the the position, and thank you for your time. Thank you. Thank you, so we'll need to hang on. Let me gather one more. They're supposed to be one second so we'll see. Need still need to continue with the boundary setting. So this will be a boundary setting, for I'll just read it into the record again one more time. Stella's Lounge, Llc. Dba. Stella's Lounge, 1, 1, 2, 3 Walnut Street suite, 101 boulder, Colorado, 8 0. 3 0. 2 for modification of premises of a hotel restaurant type, liquor license.

[68:15] I pulled just the boundaries from the original application that occurred in 2022, and that is Maxwell on the north, Maureen on the south, 17, th on the east and west on the 4, th and I will share my screen so you can see a map here. Maybe Member California would make a motion to approve Member. Carr will second the motion

[69:03] All in favor. Say, aye, member Califano. Aye. Over absalmart Member car. I Member Haggerty. Aye. Member Roberts. Aye. Thank you so much. Next, we have no administrative processing of transfer applications, no breweries, wineries, or distilleries. You have your special events permits that were approved this month, and then your liquor renewals. The only other item that we have for from licensing clerk is oh, and I'm sorry. I also wanted to point out that there is a legislative update in your packet. Based on your request from the March meeting, I believe. So that will be in your packets moving forward. I don't put it. I'm not. Didn't put an agenda item on for that, but that is something. If you wanted to discuss it, just let me know or have any questions, or whatever and then the only other item that I have is that Member Absalom already said it. But this is Member Absom and Member Califano's Tur. Califano's last meeting, and I personally just want to say Thank you so much for your service. It has been a pleasure. Being with you guys, even though we've only gotten to meet each other a few times. But in the whole 5 years that I've been here you've been here so I'm sure you're excited to have some a free Wednesday every every month.

[70:26] and I think Elisa probably has some words as well I just wanted to thank you for taking time out of your busy lives to make really tough decisions and help the business of boulder. Keep going. really appreciate it. Really I it's my pleasure also. What are you guys gonna do without me? I wish I haven't figured that out yet Just wondering that actually Yeah. One thing that I want to say, and and this goes certainly to the leadership of of Chair Califano and the the background that member Absalom brings to to the.

[71:08] to the authority is that I was just doing the math here, and I represent 5 different boards and commissions. which is a lot. But this is the easiest board or commission that I work with. You guys are amazing. And again, I think it's because of the leadership and the background that the 2 of you bring I'm always worried. I'm like, Oh, God! I said something wrong The moment you see my camera turn on right? Yeah. Yeah, I'll just say if this is the opportunity, just to thank you, Matthew. Personally, he's seen me on the other side of this. I ran the Rhg. Which was before Rar. I was the president of that organization for 10 years, and then, when I joined this prestigious authority, Matthew really guided me, and so much, thank you. To city staff. We could not do anything without you guys. It's just such a pleasure to work with such professionals

[72:12] and Roberto meeting you recently. Just thank you to city staff and the biggest. Thank you. To Matthew Califano. Right back at you, Mike, and happy birthday I know it. I got hacked. It's not my birthday. I got hacked Wow! Yeah, I know. So my birthday, July 20, second and like 10 people, text me, today, I'm like. holy shit. I gotta change my thing Yeah. I also want to say a big thank you to Officer Rhett. I think that you're doing great in your new position. And yeah, I think you'll be really great for this board And right back at you both. I really appreciate all the guidance and understanding of me navigating this new position here I really do appreciate, and I take into consideration everything that you guys say. I hang on to it, probably more than I should. But I agree I'm going to miss you both for the guidance, but I would love to be able to tap into those resources if I'm allowed Roberto to be able to question them and ask them about

[73:15] my specific duties of my position and chair. Califano. I think I know where you live. So oh. just meaning, you know, just swing by and say, Hi! That's all. Anyhow. Thank you guys, I appreciate it. You guys are gonna have to vote you remaining 3 on a new chair Well, I was. Do we have new Board members joining So thank you. Perfect segue member, Roberts. So technically, city council has not appointed anyone they are appointing tomorrow. There was 2 vacancies and 2 applicants. So if City Council appoints both of them, then those will be your new Board members. So in the off chance that both of them aren't appointed. Then Member California might get a call from us to see if they want to stay until their their C is filled.

[74:11] So yeah, that's so. That's how it's working. And then in April I will put and actually Sarah Riggs, who is my colleague, she's actually training on Vla, and she will be starting to clerk meetings in the near future. But she will put something on the agenda for us to talk about retreat and dates and stuff like that. So remaining board members, if you want to start thinking about what days would work for you, for retreat, we'll look at probably the June. I'm Bram but we won't know for sure tomorrow, so you can tune into city council tomorrow if you're interested in finding out for sure Do you happen to know? Off the top of your head? What agenda? Item that is for them? I don't. I'm so sorry. Don't ever look at this point Fine no worries. Okay. Hey, Matthew, now that we're we're done, should we like go just like Stream, this city council meeting, get some Margaritas going, and like really just dive into the next. The next generation

[75:08] Well, now, you guys can actually like hang out and talk I know. I know I'm actually, really. We've been talking about this for a long time, and finally the moment has come that we will sit together in a social setting and talk about anything we want to I love it. Okay, well, thank you. Guys so so much. And with that, I'll move on to agenda. Item 13 matters from chair and members of the authority. If you have anything Think we said it? All excited. Yeah, thanks. Matthew and and Mike. It's been great working with you both. We're gonna miss miss having you on here for sure. You guys bring a lot of knowledge. So yeah. We're around. If you need us. Special consultants to the Bla It's a consultancy, you know. On speed dial. Yeah, yeah. probably the 3rd time I've been told you need to start your own consulting business Phone, a friend, yeah. Friend. M. And M. Consulting coming to you soon in Boulder, Colorado.

[76:02] Love it With that I'll make a motion to adjourn Nope, Nope, Nope, Nope, one thing chair. Califano, can you appoint somebody to sign today's order? I will appoint Member Carr being that he's vice chair Okay, all right. Thank you. And one question on for chair for for next meeting. Would that fall to me as the vice chair? Or do we need to point that person. Okay, perfect. I'll be ready to do it Perfect. And I did check, and so the board and Commission appointments are the last item on the agenda. Tomorrow So tune tune in around midnight Of course they're they are the last one I remember the last time I interviewed, and it was 2020. It was right before Covid happened. My interview wasn't until like 9 50 at night.

[77:02] so I had to sit around and wait They've changed, how they do it! But we will also. If there are new members appointed, we will swear them in at the next give them their oath of office at the next meeting, and get them on board hopefully. We'll have a chance to meet with them before then, and kind of give them a little bit of training before their 1st meeting, so they're not just thrown into it. Great, and then I believe, we had a motion for adjournment from Member Absalom, member Califano would second that all in favor say, aye, Member Califano, aye. Number Epsilom. I Member car? Aye. I'm a Haggerty. I Member Roberts. Aye. And we are adjourned at 4, 19 Pm. Thank you guys so much I could Good luck y'all! Bye.