May 21, 2025 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] My camera. Okay, can you guys see me. Yeah, yeah, you look great. Okay, I just didn't know if it was super dark. It looks weird on my end. Okay? Good. No, you are good, and the recording is starting. It's just that you've got the flowers behind. That's it. You got the light. Okay, so this is a public notice for the city of Boulder beverage, licensing authority. Hearing for Wednesday, May 21, st 2025 at 3 Pm. This is a virtual hearing. Caitlin. Would you mind reading through the instructions and the rules of decorum. Absolutely give me a second. I share my screen all right. 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.

[1:12] The following are examples of rules of decorum found in the boulder revis 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 episets, 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 public comment. The chat function or the Q. And a function in this case should only be used for technical questions to staff, and should not be used for public comments. All right. I will go ahead and move on to Member Roll call, if you'll just say your presence aloud. Member Barnes.

[2:09] Present. Thank you. Member, cream. Here. How are you? We're hanging present. Thank you. And chair, Roberts. Here Robert's present. Thank you so much. Next, we have approval of beverage licensing authority. Minutes from April 16, th 2025. Has everyone had a chance to review them? And does anyone have any amendments. Is there a function to approve? A member, burn, approves. Member Hagerty Seconds. The motion. Okay, all those in favor say, aye, member Roberts. Aye. Member Barnes. Aye. Member Crane. I. Member Haggerty, Eye.

[3:00] When it's approved. Thank you so much. Next we have hearing agenda issues from licensing clerk. There's just one agenda item, and that is that we will ask that natural grocers, which is agenda? Item 7. Be continued to the next next month's hearing. Do you need a motion for that. I don't know. Do I need a motion for that, Roberto? Sorry. Hi! Everyone. Hey Roberto. Yes, yes. So moved. I'll make a motion to accept the delay for vitamin cottage. Natural foods, market or, yeah. Thank you. Is there a second. Member Hagerty Seconds. The motion.

[4:02] All those in favor say, aye, member Roberts. Aye. Remember Barnes, eye. Never crying, eye. Member, haggard ei. Okay, thank you so much. Next we have agenda. Item 2, which is matters from boulder, police department and officer Rec is present. Good afternoon. I'm Officer Leah Reck. I'm sorry I missed the meeting last week and didn't get to meet the 2 new Bla members, but I'm the liquor Enforcement officer and look forward to working with you both and everybody. I should say, let's see the only thing I have. We have seen a substantial increase in the fraudulent ids that are turned in, which is good and bad good that our liquor license establishments are getting those turned in, but bad that we're seeing more and more out there. Just to give you an idea. For 2024 we had 1,851 fraudulent ids turned in. And so far this year we're not even to the end of May, and we've had 1,139.

[5:17] We're working on getting some statistics about how many are Cu students versus non cu students, but definitely an increase, something that we should probably talk about in the future. And maybe you guys can come up with some suggestions on some other things that we can do to try to combat this, because it definitely seems like it's getting worse, and the the age of the cardholders is getting younger and younger. I have been issuing a substantial amount, and I wish I would have written down, written down the numbers of second, 3, rd 4, th offense tickets. Those are who I write. The 1st one is typically a warning. They get it sent to see you as well as I send them a warning. This is just given an update to the new members.

[6:04] I'll send them a warning and say, You know you've been, we received one of your fake ids. If we get another you could face a ticket, and then if we get a second or 3rd or 4.th Then I go ahead and I issue them a ticket for having that fake Id and having it seized at the liquor license establishment. So we're there. And I'm really hoping that we can team up with someone at Cu this fall for that incoming freshman class and talk about the repercussions and the outcomes of, and the harms of having fake ids and what it looks like, because it's not just getting into an establishment. There's a lot more to it. So maybe we can talk about that this summer at the Retreat. But other than that. I don't think I have anything else. Does anyone have any questions for me. I have one officer rack. What does it mean when you give a ticket? I imagine a warning is like a warning. Don't do this again. What's an actual ticket.

[7:04] So a ticket is where we actually write them up for the violation. They can be sent to either Muni Court or County court, just depending upon, you know the the I guess I should say the attitude or the response of the individual. But then they go to court. And typically, from what I understand, they usually get a couple options. One is they can plead not guilty, just like anybody you know, who's sent to court, and if they do that, then they would go through the court procedure, and Roberto might have to correct me if I'm wrong on this one, otherwise they can take a diversion and then diversion. There's it's a process there where they will need to go. And mia sorry mia is also there. They can do some things. Maybe some community service, maybe some classes, some restorative justice, some things like that. And then at the end of it, depending upon. And again, every situation is going to be different for every student and every person depending upon their history, and then at the end of that, if they complete that process

[8:06] then I believe that the ticket is sealed. But, Roberto, you might have to jump in and explain that. Yeah, I will actually defer to Miss Keller on all things municipal prosecution. So. But that's that's typically what it would look a ticket would look like. And then, I think, on their second, or which would typically be a 3rd offense, because the 1st one's a warning, the second one's a ticket, the 3rd one. I think it's similar, but maybe there's more consequences for that. But I do think that if we could maybe have some deterrence in the very beginning to even get these fraudulent ids that would help as well as the liquor license establishments. Some are not turning them in, so I'd like to try to come up with a way that we can, you know, communicate with those establishments to make sure that if they do season that they're getting them turned into us so that we can hold the people accountable. But that was a really long winded answer to your question, Leah.

[9:06] No, no, it was good. I just. I didn't know there was like a court involved. If it was like a speeding ticket. I was just kind of wondering. Yeah. And then, sorry, mia, I should have let you speak on that one, because she would know more on that end of it. I think you covered it very well. Okay, okay. Are there any other questions for me? Oh, it's a member! Great Incidentally congratulations on 24 years. Your your affidavit says you've been been at this for 24 years. We're lucky to have you. I think. Oh, thank you! Sourcing of these ids. Is there any consistency to them? Is there anything that can be supported by the authority that would reduce the number maybe maybe increase the number of valid ones and reduce the number of of counterfeit ones. So that I mean, there's got to be a cost to the fact that you've got to deal with so many and the and the institutions that you know. Obviously they they accept them sometimes to their peril, and and it's very costly for them.

[10:16] Any thoughts on that. I do. I have quite a few thoughts, and I'm not sure if we want to wait till the. Yeah, I mean. Talk about that because I would definitely love your input on, you know, as community members what you what your thoughts are. I also think that trying to find the people who are manufacturing these fraudulent ids, and let's get to the source of it and see if we can maybe deter them from you know, even making them in the 1st place. But I it's definitely something that when we have an opportunity I would love to to talk about it with you all and get some input on on thoughts as community members, on what you guys and is the licensing authority what your thoughts are on what maybe we could do to try to slow this madness down.

[11:07] Would bet that the licensees would be willing to fund and support an effort to reduce them in a systematic way because it costs them to. They're the ones that pay the price. And we do have. Thank you. Yeah, absolutely. And we do. I keep track of who turns them in. And we do have a lot of establishments that are very good at identifying those fake ids, and and they are getting better and better, and I'll even bring some with me for you to take a look at. You can see how good some of them are. But yeah, we could talk about that later. But I just I thought it was kind of crazy that we're only the end of May, and we're already at over a thousand, and then I have a a gal who helps me process those, and she's a volunteer, and she's spending about 30 HA week just processing those Ids. So almost a full time job for her. So

[12:01] interesting. Yeah. Thanks. Thank you. All right. Thank you, Officer Ruck. Thank you. Everybody. If there's no question more questions for officer, I'll move on to agenda. Item 3, which is general public comment for future beverage, licensing authority hearings. If you are in attendance, and you would like to give public comment on something that is not on the agenda. Please go ahead and raise your hand. Okay, I see 2 hands raised for public comment and share. Are you? Okay, with a 3 min time limit like normal. Sure. Okay, perfect. Let me get my timer up

[13:01] alright. I have my timer up, and Mr. Dewey is present, and then I have another person named Aj. About their hand raised. So, Mr. Dewey, I saw you raise your hand first, st so I'm going to go ahead and allow you to talk first, st and once I can hear you I'll start the timer. and you should be able to unmute yourself. Yeah, I think I am. Okay, perfect and. Can you hear me? Where I started. Okay. I don't know if you guys can see me or not, but I was having a little issue with my camera. so I'm just as some of you know. I know Member Roberts knows me and Kate and yourself, and I was invited by Alyssa to come and just give a brief introduction to the new members of the Pla. You may not know who I am, and that's all right. I used to run a nonprofit program called Responsible Association of Retailers in Boulder. I had taken over in 2019 the Boulder Responsible Hospitality Group.

[14:04] and my main mission through that nonprofit was to educate and train the community in safe and responsible alcohol service and sales, and had done so for about 5 years, until I unfortunately was let go last December by the nonprofit. Since then Rar. Has unfortunately been closed by that nonprofit. and because of that I have decided to open up my own business under my own Llc. And resurrect what Rar was doing within the community. So really without going into too much detail, I know and hope that officer or a member. Roberts and Member Carr can can fill the new members in a little bit on what I was doing in the past. But I was providing fake id trainings which would help to combat what you and Officer Wreck were just talking about.

[15:00] as well as some other things. I have a lot of knowledge and background on where those come from. We were working in the community to stop that sort of thing and to help Officer wreck to do her job. Well, I was hoping to reconnect with Officer Wreck to this year before being let go, and that is something I would like to do as well. And also, while I was out of business, I had several of my old members contact me, wanting me to provide this service in the community again. They felt they weren't getting their trainings like they're mandated within 60 days. They wanted the fake id trainings back. They wanted my consultation services back as far as liquor licensing goes, and really just helped facilitate the good and responsible service and sales and use of alcohol in your community there in Boulder. So really, what I wanted to go forward and just ask all of the members today, in accordance with what Alyssa the clerks was asking me to do is, I would really like it if I could get maybe 1015 min of your time next month to really explain what I was doing

[16:10] in Boulder. The effectiveness of what I was doing and how I do feel. I can be effective in doing it again for the boulder community. I'm already back in the community training. We have the State certified training by Patrick Maroney. It's the Abt training which I know. He came ahead of the board maybe a couple months ago. so I'm under his guise and back in the community training my old Rer members, and I've already scooped up some new folks who want to start it up. So really, I would just really appreciate, like I said, 10 to 15 min of your time next month, if I can present what it is exactly I'm doing for the community. I, Mister, doing your time is sorry. That's okay. No, that's all. That's really all for now and board. If you have any questions or anything for Mr. Dewey.

[17:01] That's fine. Otherwise I can let our next public comment go. Just thank you for the information. Perfect. Give me one second. And I'm just looking for my correct screen so that I can let. Okay, I'm just gonna have to stop sharing. Okay? And then I am going to allow our public commenter named Aj. To talk. If you will state your full name before beginning. That would be awesome. AJ: Hello! My name is Aj. Sandoval. I am the security manager at the Pearl Street. Pub.

[18:04] AJ: Ironically, I'm here to talk to you about rhg slash rar AJ: where there's a a bit of a void in boulder since Ra. Wasn't able to AJ: fulfill its mission here. Unfortunately. Just want to say, welcome to the new board members. Your work here is extremely important. AJ: Congratulations to the new chair, and I apologize. It could be a lot of work, as as you know, representatives from the city and from Pd. AJ: thank you for allowing my my time to speak. AJ: So RAR. I'm sorry Rhg AJ: has been around over well, had been around over 20 years. I was a volunteer on the board of directors for about 18 years. When rhg was taken over by rar

[19:02] AJ: this would be at its core an information sharing group. Also nonprofit AJ: but I'm not taking salary to try to get this started. We are staffed by volunteers. Former chair. Absalom was the executive director. With that, and I've served with him for many, many years. AJ: We definitely have that void where AJ: getting the information out to licensee holders can be difficult. AJ: With a group like this, it becomes easier for the city to communicate AJ: policies, procedures, information from law enforcement to be able to speak about, you know, fake ids what's going on. When rhg was around. I think one of the things that failed was it was every month. AJ: and oftentimes we didn't really have enough to talk about. So people would show up because it was a mitigating factor. Meeting was over. In 20 min we would take questions. Sometimes there weren't questions.

[20:07] AJ: and so my vision of the new Rhg, which I was thinking about calling Boulder together would be staffed by people from the industry, and people from the community. So not necessarily in the industry, but people in the community, and try and really get some of those shareholders, all in all, in the same place, where people can communicate and ask questions. AJ: It wouldn't be a political group, you know. There's the Colorado Restaurant Association. This would be strictly more information training on over service training on de-escalation for security staff training for fake ids. AJ: And I think it's really, really something that is worthwhile to to start. But I need the city's help to be able to do that. AJ: I'm more than willing to speak at an additional date as well to kind of iron out some details, but I wanted to get this out there. So we can start thinking about this because the busy season summer is coming up and the fall season is coming up, and those are going to be some high impact times that I think this would be a beneficial organization for the.

[21:20] Our time is up now as well. AJ: Thank you. Thanks. Aj. And Nathan Dewey for bringing those this to our attention. I didn't realize that the community was feeling this void, since Re are kind of closed. So that's really great to know that. It's been a void has been identified. So we can work with that. Thank you. We look forward to seeing what you can do. Okay. Is there any other public comment? Something that is not on the agenda?

[22:04] I don't see any other raised hands and board. If you don't have any questions for our public commenters, I will move on. Perfect. I we are on agenda item for showcase, hearing concerning an alleged violation, and whether the hotel restaurant type, license, liquor, license held by Mojo kitchen, Llc. Dva Mojo Taqueria, 2, 7, 8, 5, Iris avenue boulder, Colorado, 8 0 3 0. 4 should be suspended or revoked. If you are here to speak on this matter, please go ahead and raise your hand, and I will allow you. I see one hand raised. If anyone else is here to speak on this matter, go ahead and raise your hand. and there is a stipulation in this matter.

[23:05] So I will hand it over to Miss Keller to begin. Thank you, Miss Kellogg, like you said there is a stipulation in this matter, so we would move for the Board to accept that stipulation. At this time. Is there a motion to approve the stipulation. Amber. Barnes approves the stipulation. Member, Roberts will second the motion to approve the stipulation. All those in favor say, aye, Member Roberts. Aye. Member Burns. Aye. For cry, and I. Member, haggard ei. Stipulation approved. Thank you alright. And then there's nothing else from the city.

[24:00] Thank you. Are you represented by Council today. Ty: No, I'm just representing myself. Okay, then I will go ahead and read this into the record. This is a public hearing before the beverage licensing authority, city of boulder to determine whether or not the license business. Moho Kitchen, Llc. Dba, Moho, Takira, take care of. Talk to you, Maria. Rebecca. Sorry. The the font is small, and I don't have a good accent. with a restaurant, hotel, restaurant type, liquor license shall be suspended or revoked on the basis of the violations alleged in the order to show cause served upon the licensee and requiring the licensees present here today, because this is a disciplinary proceeding, the authority shall not ask for or allow comment from members, or the general public on the guilt of the licensee or the appropriate discipline to be imposed.

[25:09] The purpose of this hearing is to receive testimony presented by the city and by the licensee. In order to enable this authority to make findings, and to determine, by preponderance of evidence whether or not the licensee has violated the various laws as alleged. If, in the course of this hearing, testimony, or other evidence, establishes the guilt of the licensee of violation, or some other law rule or regulation than those stated in the notice. The licensee shall be afforded a reasonable continuance upon any offer. That evidence in defense, explanation, and mitigation is not available to the licensee, but can be obtained within the period of a continuance not to exceed 10 days.

[26:00] A record is being made of these proceedings. All testimony shall be given under oath. The rules of evidence and requirement of proof and procedures shall confirm to the extent practicable to those in civil non-jury cases, but when necessary to ascertain facts affecting the substantial rights of the public or of the licensee, the authority may receive and consider evidence not admissible under such rules. If such evidence, possess probative value, commonly accepted by reasonable and prudent persons in the conduct of the affairs. The rules of privilege, of privilege required by law shall be respected in this proceeding, and the chair may exclude incompetent and unduly repetitious evidence. The Chair shall rule upon all questions of evidence, and can procedure subject to being overruled on motions sustained by a majority vote of those members of the authority.

[27:10] Should a licensee wish to request. Do I read this part, Roberto? Do I keep going. Yeah, I don't know which part you're referring to. So. You have it. I don't. Oh, okay, I don't know. Abundance of caution. And so you know, for for clarity purposes, please do. Okay. Should a licensee wish to request a fine in lieu of active suspension days, then they should notify the authority of this after a penalty is determined if any. But before suspension posting is discussed and the licensee should be prepared to supply an estimated per day suspension dollar amount for the authority's deliberations. Those who desire to be heard shall identify themselves by stating their name, smelling their name

[28:04] and stating their pertinent address. They shall also be sworn in by the Board Secretary. members of the Bla. Are there any conflicts of interest, or any? Or do you have any ex parte contacts regarding this item that you wish to disclose. Member, Barnes, my daughter, worked at Mojo Korea about a year and a half. She's no longer there. She's in college away, so I don't know if that's a conflict or not, but to disclose that. Hi! This is Roberto Ramirez, the deputy city attorney for the City of Boulder member Barnes. Do you believe that any interaction that you had with your daughter concerning her employment there would cause you to be unfair either for or against this business, with regards to the allegations that we're here to determine.

[29:03] No. Okay. Then we're good. Thank you. Member Burns. Here, Roberts, I'm so sorry. It looks like the second page of the procedures got cut off for this 1st matter, but if you skip to page 32. Then you'll see the second page. Okay, I was. And okay, do I read all of this. I believe this is then the outline for how we'll proceed. So there's a stipulation offer and acceptance which we already did. Yep. Okay. So I will go ahead and swear, or yes, where our licensee in, and then you can proceed to the mitigating factors here.

[30:04] You. Sir, if you will say your name and spell your name for the record. Ty: Yeah. My name is Michael Ty Hammas, MICH. A. EL. My middle name is TY. And last name is HAMM. ES. Thank you, and then, if you'll give an address for the record. Ty: My home address is 3, 1, 4, Mcconnell drive Lyons, Colorado, 8, 0 5, 4, 0. 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. Ty: I do? Thank you, and then I'll hand it back to the board for mitigating factors. Thank you, Caitlin. Now is your opportunity to speak on this matter. What would you like to say. Ty: I'm sure. I would like to say. Well, obviously I signed the stipulating agreement because I don't

[31:01] Ty: contest that this happened. I feel it's unfortunate. It was an unfortunate incident. Ty: I believe that the person that was working is a very conscientious. Ty: responsible worker who does feel a lot of regret about this thing happen, this situation happening. And he believed that these were people that had come in before and regardless. It was an oversight, and it was unfortunate. I feel I do feel on the behalf of the business that we Ty: do our best to to do everything the right way we run a what I would consider to be a very neighborhood family oriented business. We Ty: tend to hire a lot of kids who come in starting around 14 or 15 and work their way up to the restaurant to eventually maybe, become servers and their families come in. And so I you know, we don't really promote heavy drinking. Ty: and we really, you know, try to hire people

[32:02] Ty: that are responsible and mature, and we and we have good oversight with those employees. All that, said you know, Mis, mistakes happen as well. I know this isn't the 1st time that Ty: that someone has come in and Ty: this is a regretful situation. But Ty: you know, we're also taking other steps, because this is, it's a good eye opening experience for everybody. So one thing we hadn't done the past was like the bars program where they send out someone to test and see. Make sure that we are carding always Ty: but beyond that we're also just open to learning anything that we could be doing better. Ty: To prevent this happening. And I don't in any way minimize the significance of serving underage. And Ty: so I think that's really all I have to say. Are there any questions from the board? I have a question so

[33:03] it sound from the report. So he thought that he recognized the 2 individuals correct. So how did you handle that with the rest of your team? And how did you enhance your alcohol policy based on this violation. Ty: Well, as far as with the team. You know, we actually Ty: soon after that we had what was gonna be our scheduled our we hosted a Ty: tips training course, which we do Ty: every year or every other year, depending on where our staff is. Otherwise we'll either host it. If we have enough people or send people off. Ty: We you know we discussed it with the whole team. We Ty: went through again that we have all the proper id checking book Ty: we went, made everybody go through again. Whenever we hire people we have a Ty: employee handbook that has a section just that people will sign stating the significance

[34:06] Ty: of the responsibility of serving alcohol and what's expected of them. Ty: you know, as far as that specific employee, I did not terminate him, because Ty: I'd be interested in feedback from the board on this. But my feeling was, this is person is gonna be the last person that's ever gonna Ty: make this mistake again, especially coming from someone who's been in the industry for a while. So I felt that it was more valuable to keep him on staff because the other staff is. Gonna see the experience that he went through. And so you know, our hope is just that. Ty: that this is just a very, you know, eye opening experience for everyone Ty: to always be diligent, not make assumptions. Ty: That type, that type of thing. Thank you any other questions from the board before we begin deliberations.

[35:10] Okay, at this time we will close for deliberations and The board will come to a decision. Ty: Okay. So just to open the discussion. This is an unfortunate occurrence just by simply having not checked an id that seems like the most basic form. The, you know, one of the most basic things that our licensees could be doing is at least checking. So that's kind of disappointing. There's also not a lot of Midi. There were no mitigating factors included in the packet which.

[36:00] Ty: There there should have been. I dropped off a packet of mitigating factors. Did I miss it? That was my question, too, for maybe Caitlin. Ty: Oh, no! I brought it in and handed it to someone at the Benton Building. Ty: I guess 10 days or so ago, and she looked over with it, with me. And I even have her card on me. Ty: And when I don't have my wallet well, it's unfortunate. Ty: but I did have a whole packet of mitigating factors. Okay. Okay, give me one second. Hi, Leah, we're looking for those right now, because I was the one that accepted them. Oh, okay. Ty: Here we go! No worries. Ty: That's right, Elisa. Yeah.

[37:02] Okay. Well, that's great. I am glad to hear that. I mean, regardless of what they are that that does kind of show a sense of ownership, and you know responsibility for this. So that's great. Is there any discussion from the board while we wait on that. Yeah, member Haggerty has a quick question. Am I able to ask Ty a question. or did we? Or is this just? Are we just discussing amongst ourselves. We did close for deliberation, because I nobody had any questions, but if we can open it, I don't know, Roberto. Yeah, thank you. Member Haggerty. If if you wish to reopen the question, it would have to be done by motion, and if you can just state the the reason why. No worries, not not that important. So we can pass on that

[38:03] but Member Haggerty again. To the to the board. So, assuming that we do have some mitigation to look at. And this being, I believe, is, is this the 1st offense? That's a question for Nope. Yes, it is you know I I'm wondering if you know the If we go just go by on the just looking at what the yeah, looking at the the table. What? The you know proper consequences should be. If that just aligns with what we're thinking here. Knowing that 1st time offense, mitigation factors. Assuming that they come, we look, we are able to see them. Come through on.

[39:01] You know the Ty mentioned, you know, sitting sitting down with the staff kind of a wake-up call which I think was an important point. And just you know, hoping that he did rest, you know, restress to the staff, the importance of checking as Member Roberts or Chair Roberts mentioned and that that is disappointing in itself. But you know I don't know if that's necessarily a reason to, you know, elevate the consequences necessarily on. So I'm thinking kind of my my 1st thoughts kind of baseline consequence here. For it, it being a 1st a 1st offense. yeah. Do we go ahead. I also agree. I always agree with that. I agree with that. Knowing go ahead. Caitlin. Sorry to interrupt. We do have our packet of mitigating factors, and I sincerely apologize. Those did not make it into the packet. I'm going to email them to you all right. Now and then they will be posted publicly after the hearing as soon as I have the opportunity for that.

[40:14] just so that, you know, if you wanted to take a second to check those out. Just educate me. Remember, Crane, speaking. what's the minimum that we can that that we are required to impose? If anything. If there's a a, you know, a determination of a violation which. Yeah. Has been conceded essentially. On page 8, 19. This is a list of things. I just wanted to decode them. Yeah, so we can deliberate and make a case by case decision. These are recommendations from the State.

[41:03] Certainly, if we don't think that their heart, you know that they're going to be effective, we can add on to it. And if we feel that this Licensee and you know, we? We decide that there's a lot of mitigating circumstances, and you know we're always wanting to be fair, and we can stray from that. Second question. Go ahead, Caitlin, did you have a were you gonna say something. No, you're good. Oh, okay, sorry. So we did just get the mitigating factors. I would like to see the mitigating factors like I know everybody else would Yeah, could we? Maybe. Question just from a procedural point of view, where you have a 1st offender and minimum minimum sanctions or whatever we're calling them. Punishments are imposed. Does the

[42:01] does the city have a practice of re examining, retesting. and to make sure that compliance is is now continuing at the premises. Is that a is that a practice that we could expect to see? What's the habit? I'm I'm I'm trying to get a handle on on what the future would look like. Here, Roberts, do you want me to take this one. Sure. Okay? So, Member Crane, to kind of go back to the original question. As the authority, you can certainly do what you believe, is in the best interest of both the community and the licensee, that is to say the least, egregious case that you will ever ever see. You might say, you know what I think. This was a wake-up call, and and I don't think that punishment is appropriate. They already have this on their record. Now, if this ever happens, it'll be their second offense. On one hand, on the complete opposite side. You can say we are pulling their license. So anything in there.

[43:10] As to your follow-up question, one of the things that has occurred with other licensees is a requirement that they do check-ins. Say once a month for 3 months or 6 months, just to ensure hey, you know, here's what's going on. Here's what we've done so far in month. One. Here's what we've done in month 2, so you can certainly decide if you want to do that. Now that you have all gotten it. One thing I might suggest is that you recess for about 5 min or so, turn off your cameras, put yourself on mute, review the materials, and then come back on. Bye, bye. That would be a good idea. Do we need to have a motion for that? Yes, please. Okay, I'll make a motion for a 5 min recess in order to catch up on the reading.

[44:01] Oh. Member Haggerty, Seconds Motion. All those in favor say, aye, member Roberts. Aye. Member Barnes. Aye. We're trying to. Member Haggerty. I. Great. We'll resume at 3, 50. Thank you. Did everyone have enough time to review the mitigating factors? Okay, since we are still in deliberation, does anybody have any comments. Ty: I apologize for all the typos in those mitigating factors. No worries. Ty: Don't worry. I really appreciated seeing some of the community outreach that they've done. I appreciate the significance on how they're training and kind of re-looking at things, so that definitely

[45:07] M plays into kind of how I'm thinking about this. Member, Barnes. I appreciate, Ty, how thorough you were that was impressed with how thorough you're. So now we need to figure out how we want to proceed. I've I feel like this was an accident. I think that time made a great point that this person and and all the colleagues are going to see that this happened. I don't I guess I don't feel strongly about a 5 day served. I think that I'd be willing to go lower than that standard. In this case. It is a 1st time offense it.

[46:00] But I'm not comfortable with going forward with just a warning. I don't think that that would would suffice. So I would recommend 2 days served with 10 days in abeyance. and that means that and correct me if I'm wrong, Roberto, but that would mean 2 days. They would not be able to serve alcohol. If they had a violation within the year, then they would have to serve 10 days. That is correct. But I'd like to know. Thank you. I'd like to know what you guys think. Member. Haggerty. Yeah, I think that's Chair Roberts. I think that's a kind of a a fair a fair sentence to impose. just yeah. Looking green with what you know the mitigating factors? Obviously a very community family oriented restaurant. In that shopping center. Yeah. Love the fact that they are, you know, hire from the community. Bring them in and

[47:11] made it clear that. Yeah, this is Why, it was a mistake. It was you know there's there. There aren't gonna be consequences for it. So I think that 2 days serve is inappropriate sentence, and then the 10 days in advance. I think that that makes sense as well, so I'm certainly in support of your well, I guess I'll I'll go ahead and make a motion. Then. I'll make a motion to for 2 days served, and 10 days in advance. Sorry. Sorry. Great all those in favor say, aye, member Roberts. Aye. Member Barnes. Aye. We're praying high.

[48:00] I'm Haggerty. I. Okay. Kate Lynn. No problem. If you will now discuss which day you would like that to begin. I can create suspension posters tomorrow or next. We can do them next week. It has been my understanding that starting just the next Monday is generally what we have done, and but I am open to consideration. If the licensee has something planned that day. if not, I would just say, Start Monday. Ty: Any date's fine with me.

[49:03] Is that something we need? Anything? Oh, okay, I'm sorry. That's okay. I'll make a motion to have that to begin that penalty on Monday. The. 26. Thank you. The 26th of May. That is Memorial Day. If that makes a difference, it's a boulder Boulder Memorial Day. If that makes a difference to anyone here. I think the question would be for Ty. Ty: It does not to me. Okay. All right. Nice. I second that motion. Sorry. Sorry. Great all those in favor say, aye, member Roberts. Aye. Amber burns. Aye. Crane, high. I'm Haggerty. I. Okay, motion passes.

[50:00] Thank you so much, and I will have those suspension posters prepared. Tomorrow, and we'll send an email to the licensee with instructions on pickup of those. Ty: Great. Yeah. All right. Thank you. Ty: Thank you. Everyone. And then, if you'll just give me a second to get everyone where they're supposed to be, we'll move on to the next. Okay. Next we move on to agenda. Item 5, which is a show cause. Hearing concerning an alleged violation of whether the hotel restaurant type, liquor, license, Wheeler restaurant properties. Llc. Dba. Peckish 1, 3, 2, 0, College Avenue, 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.

[51:00] I see Mr. Profit is here. and Mr. Wheeler, so I'll allow them to come in. and then there is a stipulation in this matter. and then I'll also let the board know while we're getting settled here, that I did send the again. There was issues with the upload between the packet and the website. And I sincerely apologize for all the extra work that we're doing here with these exhibits. But you did receive an exhibit this morning that had their mitigating factors in that. So that would be in your email. And that's also available to the public because it was this morning. So you should have that just an Fyi. Okay? And then I see that Mr. Profit and Mr. Wheeler are in, and their cameras are on, so I will hand it over to Miss Keller.

[52:02] Thank you, Miss Kellogg, like you said there is a stipulation in this matter, so we would move for the Board to accept that stipulation. At this time. I'll make a motion to accept the stipulation. Is there. And I had 30 seconds motion. All those in favor say, aye, member Roberts. Aye. Member Burns. Aye. The recurring eye. Number. Haggerty. I. Okay? Stipulation stipulation accepted. Okay, thank you. There's nothing further from the city on this matter. Thank you and Mr. Profit. Are you counsel? Yes. Chairperson Roberts, good afternoon, Brian. Profit registration number 31, 1 0 1 on behalf of Z. Wheeler restaurant properties, Llc. Doing business is peckish.

[53:02] Also I, though I cannot see his face. I believe that he's with us this afternoon. Mr. Byron Wheeler, the managing member of Peckish, is also with us. Great? And are you comfortable with me with, or do you wave the reading. We'd be happy to waive the advisement. Thank you. Thank you. And I can swear, Mr. Profit, I can swear whatever you're witnessing. It looks like, is it just, Mr. Wheeler? Yes. Awesome, Mr. Wheeler, if you will say your name and spell your name for the record. Byron, Wheeler, BYRO, NWHE ELER. Thank you, and if you'll provide an address. Is 2, 1 0 9 wood thrush way SWOO, DTHR. USH. In Castle Rock, Colorado, 8.

[54:02] 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, and I'll hand it back over to the chair. Thanks. Caitlin. Okay, please speak on this matter. I'm happy to jump in. Thank you. Chairperson Roberts, members of the authority again, Brian profit on behalf of the licensee here this afternoon, and a moment ago I heard Miss Kellogg mentioned that our mitigation packet was forwarded to the members of the authority. Just this morning, as I was doing my final afternoon I saw our cover letter had made it into the packet, but for whatever reason, our mitigation materials themselves did not, and so I certainly wanted to make sure that everyone has had an opportunity to see those and take a look. Obviously the fact that we are here this afternoon is rather embarrassing to us and Mr. Wheeler personally, and I know that he wants to take a few moments once I'm done speaking to address the authority regarding just that. But to give the authority just a little bit of background. Peckish is a restaurant on the hill.

[55:21] It's been in operation for 6 years, but under Mr. Wheeler's ownership for about 3 years. Now this is Peckish's 1st violation. During that entire period of time. In fact, peckish has passed other compliance operations during that period of time at least one such letter was attached and made part of our mitigation materials. I would like to briefly go through those materials with you. But again, I intend to keep that brief. 1st and foremost, of course, all of the staff of Peckish is trained through a State approved responsible alcohol beverage training program. And when I say all of the staff, I don't just mean front of house peckish requires every employee, not just those serving alcohol, but even those who are working in the kitchen to go through this training feeling. It is an important aspect of the culture of peckish, and, in fact.

[56:23] Mr. Wheeler pays for that training on an annual basis, bringing a trainer in to train or retrain his entire staff, and I believe even some other restaurants have had employees join his staff at those training, he could speak to that a bit more. If you have any questions regarding that Peckish does have written policies, and we have included our policy manual for everyone to take a look at as part of those materials. One of the ways that Pecky's trust me certain that it is providing responsible service to people is through a mystery shopper.

[57:04] experience. Once a quarter they have someone come in and attempt to purchase an alcoholic beverage to make sure that the staff is following all of the policies that are in place, and, in fact, twice during the period of time that Mr. Wheeler has owned. Peckish servers have not asked for identification of that mystery shopper, and they have been let go. It's important, and while drastic it is important. We believe that the remaining employees there understand the severity of not asking for identification, that they understand the importance of not asking for identification, so as part of his self check at the restaurant. These mystery shopper experiences are utilized, and, in fact, have resulted in the termination of people who are not following the policies and procedures of peckish. Additionally, I understand that Mr. Wheeler, who, of course, he's a small business owner. He can't be there every hour of every day, but he's able to look through the camera system

[58:10] and be able to see things that are going on, particularly in the evening or times, that he's not there, keeping an eye on his staff and making sure people are checking for Id and things such as that. So while he may not be a mystery shopper himself. Certainly he is kind of watching from the sky, so to speak, at times, and I believe is aware of that. Now again, another thing in the mitigation materials that you'll see has to do with Peckish's nonprofit and community involvement aspect. Peckish is a member of the Hills Merchant Association and quite active in that organization. Additionally peckish, makes the restaurant available to certain nonprofits for fundraising opportunities, and there are several of those that were listed in our cover letter and discussed.

[59:08] And certainly, of course, if you have additional questions of Mr. Wheeler, he can touch on that. The thing I want to discuss, however. mostly has to do with packages, efforts to stay on top of its service, particularly following the recent closure by this board, I might add of I guess you might call it a competitor restaurant bar on the hill when chicken on the hill was closed recently, and its liquor license summarily suspended, and I think, perhaps even revoked by this authority, Mr. Wheeler and his management staff became acutely aware that their staff needed to be ready for additional crowds. younger crowds potentially, and they held all staff meetings on March 17, th and again on April 1st to discuss with their staff remaining vigilant and what they should be aware of, because there are going to be a lot of

[60:13] young, let's say, patrons who could no longer go to chicken on the hill, who might be trying to get into their restaurant. And so we have as part of the mitigation materials, and I would hope that you'd have an opportunity to review those minutes or an agenda of those meetings. I think importantly, particularly on April 1st a decision was also made to institute an Id scanner at Peckish. That scanner was purchased, and, in fact, you see an invoice for it on April first.st But unfortunately, this particular compliance check occurred on April 4, th which was the actual day that that scanner arrived. It was not placed into use on that day. It needed a little bit of training with Staff. It was not placed into use until the following day. But I think it's important for this authority to understand that at every opportunity Mr. Wheeler is looking for

[61:14] ways to make his restaurant better safer, and to make certain that something like we're discussing here wouldn't happen, although unfortunately it did and will not happen again. Moving forward. And so briefly, I also want to discuss this particular incident. In this situation the bartender was immediately fired. Following this failed sting operation, she was let go as I mentioned, the very next day the scanner that had been previously ordered arrived sometime during the day, on the 4th was put into operation on the 5.th But even without that scanner. And you may have noticed this in our letter.

[62:00] Peckish has a robust ability to review identification and confiscate ids, and Mr. Wheeler estimates they've confiscated over 300 ids in the 3 years that he has owned this location. Now. previously. At times they've lined their bar with these confiscated ids in an effort to frighten what might be underage students from even trying to pass off false identification, fraudulent identification. Now Mr. Wheeler has since learned that he's supposed to be turning these over to the Boulder police department and has begun doing so. He estimates he turned over over 50 such Ids just in this past semester to the Boulder Police department. All of this is to say that Mr. Wheeler and his staff are acutely aware of underage students attempts to purchase alcohol, and their obligation to check everyone's id to make sure these students don't get in and not to serve them, which is.

[63:10] makes this afternoon particularly difficult for Mr. Wheeler, because in the 3 years, again that he's operated peckish, they haven't had an issue. And so the fact that we are here this afternoon. Mr. Wheeler will acknowledge, means that there was a failure, a failure that he is intent on making certain doesn't happen again. But with that said, I think I've probably done enough talking. I know Mr. Wheeler would like to take a moment and address the authority himself directly, and so I'd like to turn it over to Mr. Wheeler at this time. If there are any questions regarding the mitigation or other issues related to policies, procedures, and operation at Peckish. Thank you. Thank you, Brian. I'll just speak real briefly, and then I'll open up to questions from the board. Thank you for your time. This is embarrassing, and this is not up to our standard, and this will be the 1st and last time that I'm on one of these meetings with you virtually, in addition to what Brian had to say. I just want to. I just wanted to tell the Board I am the parent of a 20 year old cu student

[64:18] legal, responsible alcohol consumption is important to me personally as well as professionally. And I. And I do believe that the Hill restaurants and the hill businesses have unique and special challenges, and we we have to hold ourselves to a higher standard. We have to be perfect all of the time, and on this instance we weren't. And that's that's not acceptable to me. And it's it's it's it's an embarrassment. And you know, we're here to answer any questions that you have so that you guys feel comfortable, that we are moving forward in a safe and responsible manner. Great. Thank you so much for all of that information. Are there any questions from the board?

[65:05] I have? A couple comments and questions. I will say we did receive the mitigating packet. I want you to know that. So we were able to read through it. I do appreciate all of the information in there. but something that I noticed in your policy was you mentioned in your let's see, in your meeting notes you provided further instruction, focus on the preventage of underage consumption of alcohol. But you really highlighted it by what a sting looks like, instead of really highlighting the laws. Your employees shouldn't have to know what a compliance check is going to look like. So that's a comment on that maybe rephrasing that verbiage to indicate that

[66:03] we're not trying to get away with something. It still sounds like, Hey, you could possibly get away with it if you look for these things. So that's 1 comment. and then the second comment I was a little confused on. And maybe you can explain to me your 2 minimum drink policy. When a person, it says, if a person is going upstairs for a soda, they either have to produce an id, or that says they're 21, or they have to immediately return downstairs after filling their drink, and I'm wondering who is watching that to make sure that sounds like a lot on your workers. And so I was just wondering. Sure. Yeah, I I can answer those. First, st I'd say like these are, you know, we we sent you just our internal communications for the for the purpose of saying, Hey, like this is on our radar. And this is something that we're talking about in all staff. And and you saw other systems and procedures and and other dialogue that wasn't directly related to the safe and responsible service of alcohol. But I'd love to answer those questions for you because they are. They are

[67:16] adjacently related to. To what we're talking about here today. yeah, we we focus on serving alcohol safely, responsibly and legally to people at all times. Almost a hundred percent of my staff is college age students and I felt that. And they were also customers of other Hill restaurants that had closed in the last year. And friends of people impacted by those closures. I felt that just as their manager. I felt that it was something that touches close to home, to those employees, to to for them to realize. No, this is this is real businesses and jobs are on the line if we don't do our jobs properly. And I just felt that with my staff that I had, it was appropriate to say, Hey part of part of

[68:16] serving alcohol in the State of Colorado is compliance checks. And these compliance checks are happening. And this is the impact that it's having on jobs and businesses if we're not doing our jobs properly. So that's your answer to your 1st comment, the answer to your second comment about the 2 drink minimum. That's. And Byron, Byron. I don't mean to interrupt you, but several of the members of the authority probably have not been in your restaurant, so you might kind of give them a layout of the restaurant and its size. I think those are particularly important in answering this question. Sure. Thank you. So the second point about the 2 drink minimum. That's more along the lines of our occupancy. So while we have never. Well, we've never been in front of this board before.

[69:04] because because we've complied at every step in turn. We have had multiple dialogue points with police officers about. Hey? What are you doing to manage your occupancy? Particularly because our occupancy is only 49 people. and particularly after the competitive closure 3 doors down. We were immediately seeing lines almost a block long, trying to get into the restaurant. So we implemented what you saw. There was the notes of Hey, on our peak nights. We're going to like we have to make sure that we're never over 49 people inside the restaurant. But you know, over the last several years we've seen 1012, 14 customers come in just to hang out with their friends and not spend any money. So so what we did to make sure that we can stay at that 49 person occupancy, as well as you know, making money and and continue to operate. A business was to make sure that if you're coming upstairs

[70:18] where the bar is that's the kitchen is downstairs. There's seating downstairs. Anybody who's 21 who's under the age of 21 is welcome to come in the restaurant, order food and sit down in a dining room but if you're gonna go up where the alcohol is after 9 pm. On Thursday, Friday or Saturday night, you're gonna be 21 or over and our floor manager, bar manager, or bouncer is there in the stairwells checking ids. And if you're gonna go up there you're going to spend $10 you're going to. You're going to have a 2 drink minimum. By the way, those if you saw those notes that guest is not required to drink those 2 drinks that night like we just give them a coupon for 2 drinks.

[71:08] Yeah, no, I think, honest, I I actually thought that was a very creative way. I I picked up on what you were kind of going through when I was like. I think it's a very creative way. I understand the occupancy issues, and I really appreciate you surfacing and acknowledging that as well. What I was confused about is, it says that if someone under the age of 21 wants a soda and they go upstairs to get it. Then they have to immediately come back down, and I'm wondering who's watching to make sure that those underage people getting sodas are coming immediately back down. Yeah. So that's so. That's our bouncer and floor manager that's located at the top of the stairwell, which is 3 feet away from the soda machine. I'll also say that's just not a that's just not an incident that we've encountered.

[72:00] Sure. Okay, thank you. Member, Hagarty. I have a quick question for for Mr. Wheeler. In the report. It it mentioned that the the server who served the underage patrons. Might have been a little intoxicated. So I'm wondering if you could maybe talk about. You know. What steps are you taking to ensure that, you know servers bartenders, you know, are are maybe not. You know, serving other customers while they're intoxicated, or at least you know they're impaired that might, you know, impair their ability to kind of check an id in a in a proper way. Absolutely. I don't want to like that. That information was news to me when I saw it on the report. I don't. Wanna I don't wanna doubt its validity but that that came as a surprise to me, and the employee was already terminated. By the time that I had saw that report, and I was not able to conduct a full investigation on on that. But I but I will tell you that it is our policy that our bartenders and our alcohol service related staff is not consuming alcohol until after their shift.

[73:17] And as we as my attorney referenced in in his opening testimony. We have. We have uncovered internal violations through our own internal compliance checks, and that is one of the compliance checks that we have noticed before and immediately terminated. When when we saw that this is a hard enough job for for these guys on on that block, and we need to be doing it sober and not under the influence of alcohol. You.

[74:01] Any other questions. Comments from the Board. Question for me. I'm I'm Member Crane. You you. Obviously this is directed to Mr. Wheeler. You obviously have a a challenge. And I think the record shows that you are cognizant of it and try and address it. how does how does your establishment compare in size and volume of of consumers. 2 other ones on hell. Where would you fit in with the okay cool options for for students and and other patrons? So from an occupancy stamp from an occupancy standpoint my occupancy of 49 is the lowest occupancy of the liquor licensed establishments on the hill, and I do believe that I have the largest opportunity and challenge to remain at my legal occupancy versus versus some of my direct competitors. We are taking immediate actions to.

[75:12] to alleviate that that concern, as we're looking at other locations on the hill, that that may have other higher occupancy. We've also been looking at taking over more real estate in my current building that could alleviate us from some of those some of those occupancy challenges. Thank you. Okay, any other questions or comments. Okay, any final closing statements before we deliberate. Usually I might chairperson Roberts. But given, we've already been going a little bit this afternoon, and I know there are a number of other people on the agenda, we would rest and allow you to consider our mitigation materials. Thank you.

[76:07] Great. Thank you. Okay, so we will now close for deliberation. Is there any discussion around this or any motions. Member, Haggerty. I thought that you know the mitigating factors were were pretty impressive, so I commend Mr. Wheeler and for you know, having that in order. I think it's great that a scanner has been introduced. You know, proactively. That's you know. Timing was unfortunate, obviously, but glad to see that that is been staff has been trained, and that that's in use now. I do think. You know I did see on there, you know, kind of showing off those fake ids, I think, are, you know why, they are a great deterrent. I do. You know, as you mentioned, Mr. Wheeler, you know you've kind of learned that. You know the the police department likes those turn likes those turned over right away. Get those off the street. And also, you know, prevents any opportunities for some, you know, some hands to get up there and grab, grab any but I do commend you, for you know the the work you guys have done to you know.

[77:23] Obscate those so well done on kudos to that And then lastly, miss, we're. I think we're all pretty, you know, aware of the you know, the importance of the the of businesses, particularly ones like yours and the role they have on the hill. Being a good steward, a good community member. And I think you know this being your 1st offense, and you know the 3 years that you've been owner of of the of the business speaks a lot, and it sounds like you're aware of this? Yep. Can you please direct all your comments towards the board as we're now in deliberation. Yeah, so sorry. So I I know it's my thought that you know, we could, you know.

[78:08] go kind of below the baseline here, because I think there's some things that have been done that have, you know, impressed me, and I think it's they've realized that a mistake was made, and they really can't make another one. And then they, you know, they have a tough job being on the hill. And you know it's it's it's I think they realize it's important that mistake number 2 does not happen. So I'm you know. I'm leaning towards a you know, a maybe still consequences in play here, but you know maybe a little bit lesser than what the what the recommended recommended level is. Yeah, I I'm sorry. Go ahead. Oh, I was just gonna say, unfortunately, I don't think the scanner would have helped in this case. It sounded like, maybe he there was just a bad seed there. but I really do appreciate the policies. Even before this violation, and the understanding of the placement and location of this establishment on the hill, also recognizing they're one of the smallest establishments, and that must be really

[79:17] difficult, especially since they also have to keep in mind occupancy, violations that that was great to see. Member Crane did. Were you saying something. I mean. I I agree completely with what you said and and what member Haggerty said. My. I think there's there's a culture and a discipline that's been demonstrated here, which is really important. And yes, there are going to be. There are going to be problems, and I commend our police officers and our our department's efforts to, to. you know, enforce the the rules as a way of deterrence. And so you've got events there. But i i i'm of the same mind that

[80:10] We want to encourage compliance, and there's a clear effort here to comply. And and yet at the same time. something is appropriate not necessarily the the standard guideline. I think. I guess from my point of view. There's 1 there's the business factor, and I know it's consequential for for something to be imposed. And we need. That's we need to take that into account. And at the same time, I think, the the effort to establish a culture and a discipline needs to be recognized and supported. I think that's a message to the rest of the the employees because they're gonna know about this for sure. Thank you.

[81:03] Is there any more comments or a motion? I would make a motion to to go with 2 days served, and 10 in abeyance. Any discussion, or is there a second. For crayon. I'd second that. Okay, all those in favor say, aye, member Roberts. Aye. Member Barnes. Aye. Remember crane right. I. Okay, thanks, Caitlin. I see you there. And then, if you'll I'm sorry I will have one question. Did you say? 2 days or 10 days in advance?

[82:04] Yes. Okay, thank you. And then, if you will make a motion on the days to begin. Oh, sure I would. Roberts, if I may. Yes. Thank you. We would ask with Memorial Day upcoming we would ask if we may serve those 2 days beginning Sunday, June first, st and Monday, June second. That would include a weekend day, as I think it is the policy of this authority. And so the 1st and the second of June. I'm not familiar with that policy needing to be on a weekend. But if those are the days that I certainly, you know we don't want to affect a business tremendously. That's not what we're here for. So the 1st and second. Yes, Roberto. I haven't done the math is that within the 10 days.

[83:00] Oh, well, Yes. Okay. Okay. Oh, I'm so sorry! Let's see. the 10th day is actually the 31.st So it's just outside. Is Do you have another date that you would prefer. We do. Wednesday and Thursday, the 28th and 29th of May. I would be fine with those days. And I would make a motion to have that held on the 28th and 29th of May? Is there a second. Number 3, No. One second, that.

[84:01] Okay, great. Then all those in favor say, aye, member Roberts. Aye. Deborah Burns. Aye. Member Crane. Aye. Okay, that'll be fine. Motion passes. Thank you, and then, Mr. Wheeler, I will have a poster. I'll prepare the poster for that tomorrow as well, since I'm doing the other suspension poster. So just keep an eye out on your email, and I'll send it to Mr. Profit as well. Thank you. Thank you. Board. Thank you, and good luck. Have a wonderful afternoon. You too? You're good. Just give me one second while I get everyone where they're supposed to be. and we will move on to the next. Okay. Next, we have agenda. Item 6, which is a show cost hearing concerning an alleged violation, and whether the Hotel restaurant type, liquor license, El Taco, Imperial del Texa, Llc. Dba. El Taco, Imperial del Tex. Calla, 2, 8, 50, Iris Avenue suite, H. Boulder, Colorado, 8, 0 3, 0 1 should be suspended or revoked. If you're here to speak on this matter, please go ahead and raise your hand, and I will allow you to speak.

[85:30] I'm not seeing any hands raised, and I don't believe anyone is here for this. But I'll just call one more time if you are here to speak on this matter. Agenda. Item 6. Show cause for El Taco, Imperial day. Texcala, please go ahead and raise your hand. I'm not seeing anybody, and Roberto has his camera on, so I'll let him talk. Hi, everyone. So You are considered a quasi judicial board in that notice, and an opportunity to be heard must be provided to every single applicant licensee, whoever it is that's going to appear before the Board because they are not present. What I would like to do

[86:14] is give the prosecution an opportunity to explain to you what methods were attempted or accomplished to provide the notice and an opportunity to be heard. Then I will turn it over to Staff, because I think that they also might have some information, and then I'll give you 2 options on how to proceed. Alright, thank you. So the efforts that were made to contact el Taco, Imperial by our office were 1st at 2 calls that were made to them. When the when I 1st heard about this case, which was at the end of April, I was unable to reach anyone on those calls. I was sent to

[87:02] I was placed on hold, and it it was placed on hold in in perpetuity. It seemed like, so I I hung up, and then our paralegal, Nicole Keller, sent 3 letters to El Taco Imperial. One with a letter. These packets included a letter from me. Asking explaining who I was and asking to be contacted as well as that show cause packet that included the affidavit. Those packets were sent 1st to the address to of the business. second, to the address of the office listed on the Secretary of State's website, and finally to the street address of the registered agent also obtained from the Secretary of State's website. Those were sent out on April 24th by our paralegal. I have not heard anything from the business either by phone or email.

[88:01] Oh, and one last thing, I'm sorry those were sent via Certified mail. And then just from a city licensing perspective. We. I don't believe that we heard anything from the applicant until today, and there was one voicemail at 4, 13 to Sarah that the applicant had an emergency and missed the 3 o'clock call, and then they also sent an email at 4 17 Pm. That said that they had an emergency, and if there was a way, they were asking if there was a way to reschedule and then left their phone number. So that's the only contact, I believe that we've had for from this applicant. Thank you for that. So step one is for the board to decide whether they believe that notice and an opportunity to be heard has been complied with.

[89:07] If you can either discuss that and then take a vote, and then if and then we can proceed. Once that happens. Okay. Any discussion seems to me that the city has sent out sufficient notices. Yeah, I remember, Haggerty, I I'm certainly with you. There, I I feel like this is really a relatively new licensee holder. Does that ring a bell chair, Roberts, and I think there is. You're on the board a couple of years. And I I think during the the the license process. There's def certainly, like a you know, a language barrier at play. And I feel like you know whether phone calls and and mail might. You know.

[90:06] I don't know. I just want to be business friendly here. Feel like. Is there an opportunity to like visit the establishment, to provide them with this information? as opposed to? I don't know. I feel like if there's a language barrier that might, you know, be pretty substantial obstacle. Not that it excuses it, but I think I feel like that might be at play here. So I don't know. I feel like, certainly good faith attempts were made by the city. But you know, yeah. Well, I appreciate that point of view, for sure. but I always keep in mind that we are trusting these people with a license, a liquor license, and that we didn't feel at the time that the language barrier was going to get in the way of them having a license. So I do appreciate those comments.

[91:04] I still feel that the city gave plenty of notice. and I would make a motion to to I I don't know what I'm I don't know how to phrase it, Roberto. Sure. This is. Thank you. It would be a motion to find that proper notice was provided to the licensee, and if you all find that it was. Then we can talk about some options. I would make a motion to find that the license that the licensee was given proper notification of today's hearing. I second that motion member, Barnes. All those in favor say, aye, member Roberts. Aye. Member Barnes. Aye.

[92:02] This is just a notice question, I say. Aye. And Member Haggerty. I. All right. Thank you for that members of the authority. So you have 2 options. Option number one. is, you can find that there claimed emergency is not sufficient, that they were provided ample notice, and you can proceed on the merits. So that is to say, that the prosecution would have to prove to you the allegations that's 1 option. Option number 2 is simply kind of like you're doing with one of the other licensees, and that is, push it to next month to deal with the issue, and then both the prosecution and staff can provide notice once again to the licensee. As to that next hearing.

[93:00] Now, with that said, I do recommend, because there is prosecutorial discretion in these cases, that you at least inquire with the prosecution to see what what she wants to do. Go ahead, Miss Keller. Thank you. The city's position here is, as I think, to give the owner of this business the benefit of the doubt that there, there was actually an emergency in this case. This is the 1st I've heard of this Licensee, so I am not aware of any other previous violations they've had, so the city would not object to a continuance. If this happens again at the next hearing, we would then be objecting. Right. Alright, I'm I'll Member Crane. Obviously. The the picture that I get here is, more more likely than not of someone who is is having a lot of challenges as well, a little different kind than the prior case. But I have no doubt that there was a good faith and effective effort to

[94:18] but our police officers and the undercover effort. So I would make no negative conclusions on that. But I know where this place is located, and I know a little bit about kind of just from an external point of view, what their challenges look like. They've got construction going on all around them. And this is a new licensee. There's a language issue there. So before we got to the merits, I'd be in favor of giving another shot. and by. I don't have no idea about the emergency that's always hard to determine. But those are other factors as well. I think I think they're on the edge, as a business would be part of what I would be saying. She described herself in the materials as being the owner, and she was waiting on the table, and she was doing this and doing that.

[95:11] I'd like to see a little bit more in terms of opportunity for them to contribute to this proceeding before we came to some conclusions. I don't think the city's at risk. If we, if we were to do that. thank you. I excuse me, I agree that we give them one more month until next night next month's meeting and see what happens. That's what I'd recommend hopefully. It wasn't a bad emergency, but I would think that we try to give them one more month, and then that would be affair situation. Is there a motion with somebody. I so how do I? I

[96:01] How do I? How do I say it? And a motion for okay, I would like to make a motion for continuance. Please. Is there a second. Remember crying. I second that. Great all those in favor say, aye, member Roberts. Aye. Member Burns. Aye. Member Crane. I. Number. Haggerty. I. Okay, great. We will hopefully see them next month. Thank you so much. Next was agenda item 7, which was the renewal hearing for natural grocers. You all made an a motion to continue that at the beginning of the meeting. So I will go ahead and skip to agenda. Item 8, which is public hearing in consideration of an application filed on March 27, th 2025 from Twisted Pine Brewing Company, Dba. Timberline brewing, 3,201 Walnut Street unit, a boulder. Colorado, 8 0 3 0 1,

[97:11] Robert Ballet 42% owner and proposed registered manager, William Marshall, 53% owner, and John Lund, owner and premises. Sorry. 5% owner with the premises. Business mailing address for a new brew pub type, liquor license. If you're here to speak on this matter, go ahead and raise your hand, and I will let you in. And then, while I'm getting everyone settled, this application was also a victim to our Pdf problem. So you all do have an email and it will be uploaded publicly at the end of the meeting. That includes the petitioning materials. And I apologize that that was not included. But the petitioning materials are in an email to you. And then I believe Mr. Harden is council.

[98:04] That's correct. Thank you. and I will just go ahead. And sure, if it's okay, swear everyone in first, st and then you can proceed awesome, Mr. Harden, if you'll just record your appearance, and then let me know who you would like sworn in today. Absolutely. Thank you. Sam Hardin, attorney on behalf of applicant Colorado registration number 5, 8, 7, 5, 8. We will be calling Miss Aaron Mccullough to testify on behalf of Oedipus, petitioning, as well as Mr. Bob Bale, to testify on behalf of applicant. Okay. Awesome. Erin, if you'll turn your camera on, possibly. And then, Bob, if you'll also great, I'll start with you, Erin, if you will go ahead and say your name, and spell your name for the record. Yes, Erin Mccullough, ERIN last name MCCU LLOU GH.

[99:01] And provide an address. 1, 7, 3, 3, 4, East Twinberry Street, Parker, Colorado, 8, 0, 1, 3, 4. 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. And did you handle the pub. The public petitioning. Yes. Okay or posting. Excuse me, did you handle the public posting. No. Okay, cool. I'll ask that question, and, Mr. Bale, if you will go ahead and say your name and spell your name for the record and give an address. And you're muted, sir. How's that? There you go! Okay. My name is Robert Bale, Robert RBRT. Bale, BAIL. E. My address is 4, 8, 4, 9, Kellogg, circle, Boulder, Colorado, 8 0 3 0 3. Thank you so much, and if you'll raise your right hand.

[100:00] do you swear or affirm that the statements you're about to give before the beverage. Licensing authority are true and correct. I do? And do you swear or affirm that this, the premise, has been posted for at least 10 days prior to today's hearing? I do? Thank you so much, and I'll hand it over to the chair. Thanks, Caitlin. Go ahead and please tell us why you are applying for this change in license. Chairperson Roberts, if I may. I think it may be most efficient if we 1st call Miss Mccullough as a witness, and then I have a brief presentation prepared for Mr. Bale, as well to better inform the Bla regarding his business and its operations. That'll be fine. Thank you. Thank you very much. I'd like to 1st call Ms. Erin Mccullough with Oedipus petitioning. Alright. Thank you, Sam.

[101:00] So I will just go ahead and and say what I'll say, and we can go from there. So Oedipus petitioning, was engaged to perform a petition survey of the designated area to determine the needs and desires for the application of timberland brewing, Llc. Doing business as Twisted Pine Brewing Company. Payment for our services was received upfront and Twisted Pine Brewing Company was informed that we cannot guarantee results. The designated area consisted of businesses and residences south of Belmont Road, north of Arapahoe Avenue, east of Folsom Street and west of 55th Street. The area consisted of mostly businesses, with a small neighborhood and a small apartment complex that was accessible to try to maximize residential signatures. Petitioning was conducted on weekdays and weekends and multiple attempts were made at these areas of the accessible business and residential dwellings. A wide ranging sample of the designated area was surveyed for this petition over 4 days of surveying. On May 7, th 9, th 10, th and 12, th 2025

[102:04] business owners, managers, and residents were informed that Twisted Pine Brewing Company was applying for a new brew pub type, liquor license. They were asked if they were over the age of 21, and if they would be willing to provide their opinion on the licenses issuance as fully detailed on the petition forms out of the 316 potential contacts that were surveyed, 122 business owners, managers, and residents were not available or not at home. Of the remaining businesses and residences surveyed, we were able to make contact with 194 people of that number 25 preferred not to participate. One was neutral to the outcome, and 40 were not qualified to sign of the remaining participants. 126 signatures were in favor, which includes 104 businesses and 22 residents. One business was in opposition, stating drunk people might affect peace. and one signature was deleted. As the business and person's name were illegible, so 99.2 1% of people who participated were in favor of issuance and point 7 9% of those who participated were in opposition but as far as the needs and desire signatures, 100 were in favor, so overall the general feedback received was extremely positive, as residents and businesses are excited for this new opportunity.

[103:22] Ms. Mccullough. I know that there was a minor mix up on some of the petitioning paperwork in which the applicant entity name as well as their trade name were switched. And I'd just like to ask you, do you believe that those who were contacted were aware of the entity under consideration, and and knew who they were being asked about. Here. Yes, I don't think that. I had a single problem with that, as the business has been around for many years, and pretty much a lot. A lot of the people knew exactly what the business was, regardless of that. That typo. Thank you, Ms. Mccall. I have no further questions.

[104:02] Thank you. Thank you. Go ahead, Attorney Harden, if you want to proceed. Thank you very much. And in order for efficiency. I know Ms. Mccullough has things going on this evening as well. I'd ask that if there are no further questions for her, that she be excused if she would like to leave the hearing as well. Absolutely. Were there any questions from the board? Okay, have a great evening. Thank you. Guys. Have a good night. Thanks, Aaron. Thank you, Erin. I would next like to call Mr. Bob Bale to testify on behalf of the applicant. Twisted Pine. 1st of all, I'd like to thank the Board for your time. Appreciate it very, very much. Twisted pine has been in business since 1995. I've owned it since 1997 we were located over on Valmont only about 5 blocks almost directly to the north of here for the 1st few years of our existence, and moved into our current location in 2,002.

[105:12] We were very fortunate in this location in that number one, we we moved into a place that was already a brewery for those of you who have been in Boulder for a long time. This is the former Oasis Brewing Company, and this was their manufacturing facility. So we moved into here in 2,002, and when we moved in here it was pretty desolate neighborhood. Even the peloton wasn't there. So since we've moved into this location oh, geez! Almost 1,300 residential units have popped up within walking distance. So we've been very fortunate that way. so what we're trying to do now is kind of enhance our business, and also to give these local residents a place to go within walking distance. It's really been great since, especially 30 Second Street now has continued from Walnut all the way to Valmont. So all of the Pearl Street, the rave those buildings now are within just an easy commute, an easy walk to our building.

[106:11] So with that said. We're trying to enhance our business that way, and also give our our neighbors a place to go. and that's the main purpose for our petition for getting a brew pub license. We've been a manufacturer, as I said, for 30 years now, and just looking to enhance our business opportunity. And, Mr. Bale, can you please provide, shine a little bit more light on your current operations? You touched on a bit just now for Twisted pine and your plans. If this change of class to a brew pub were to be granted, what opportunities that brings you as well as the community that you serve. Well, obviously the number one. It's going to enhance our revenue opportunities, as many people know. Covid was very, very difficult on restaurants, and it was no different for us. It's been tough. It's been a struggle, and we've managed to eat by.

[107:02] so we feel that especially by being able to enhance our beverage selection that we're going to be able to enhance revenue somewhat. Also the fact, as I've stated already, just, we really really try to cater to the local community, we we solicit their business. We we work pretty hard with the the local residents, as we give them some discounts, and just being able to give them a place is pretty important to us. And Mr. Bailey, you mentioned that you've been open and operating for several years now. Would anything in regards to the setup of the building. Any modification of premises would occur if this change of class were to be granted? Or would it remain consistent with your current operations? Absolutely no changes, no changes in hours, no changes in seating. There wouldn't be any changes. The only changes that would be would be to to be able to enhance our beverage. Selection.

[108:03] And for our knowledge. If I'm sorry about that, if I may continue, Sam, we don't intend we have an hour just for some edification. We are, only we only operate from 3 to 9 Monday through Thursday, and then we're open 12 to 9. So we close fairly early during the weekends. We don't offer live music. We do have, you know, small entertainment, Bingo and trivia on different nights, but other than that, no, no operational changes or no no enhancements to the facility at all. And as far as some of your operations, your ordering processes, things of that nature go. Can you testify as to how patrons order, alcohol kind of how that process occurs at your establishment, and would occur if this change of class would be granted. Sure, and again it will change. We have a a service model that we for those of you in Boulder. We like to call the Dark horse model. All of our patrons are required to order at our bar. We do not have bar seating, so it's also similar to what mountain sun does. We don't have bar seating. So you order at the bar where your Id is checked. At that point. You also order food at that point, and then you're seated. It's self. Serve seating.

[109:23] and after that you get a buzzer with your food, and when your food is prepared or your food is ready. We have a food station where you can come and pick it up, and again, that won't change either. And can you discuss some of the training that your staff receives, as it relates to the service of alcohol? Absolutely all our all of our employees are required to be tips trained within 30 days of acceptance of employment. We also have an employee handbook, and I'd be glad to share that with anybody. Our passages on alcohol service run oh, 7, 8, 9, 10 paragraphs, including everything from responsibility of alcohol service to requirements for tips training,

[110:15] how to recognize different levels of intoxication. Not only that, but we have regular, probably quarterly at the furthest meetings, and we do go over any alcohol policies. And you know this is one of my 1st bla meetings that I've attended, and I'm almost tempted to to actually have my staff start to watch these so they can see what actually does happen. And you you mentioned your staff. Can you touch on? Typically, how many staff you have in the establishment? And how they, you know, keep an eye on operations, and again ensure that those safe alcohol operations. We're a fairly small operation. We only have 12 employees, of which 9, 8 serve alcohol.

[111:03] And again, they're all they're all tips trained. One of the things that, and they're all spoken to pretty regularly about alcohol consumption. What I like to sell people here is that one of the ways. The number one ways to get fired here is consuming alcohol while you're working. It would take it very, very seriously. How we operate the business. We've been doing it now for a long time, and we've been very fortunate. You know our demographic isn't is a little bit different from some of your previous people that you had today. We're mostly, I'd say, our demographic, although it's probably 25 to 85 skews much further to the to the to the higher end. So we don't have some of the challenges, plus the hours that we have, I think, really help a lot. And, as far as your storage goes, and you have a, you know, cold storage and your bonded area for some of your manufacturing. Can you touch on how you ensure that that area remains free from patrons and discuss who has access to that area?

[112:13] Sure our cold storage bonded area is located in the brewery itself, which is completely inaccessible to patrons. We'll be doing the same thing with any additional alcohol. We plan to have a a locked cabinet that managers on duty will have access to. And in all in your time, holding the manufacturing wholesale sales room licenses that twisted pine currently holds. Have you had any violations issues in that time. Yes, we have. We've had one. My goodness, 1215 years ago was was one that we had. We had a server who So just like everyone else. You know. It was a busy, busy night, and I'm not paying attention, but that's the only one we've had.

[113:06] And we're steps taken following. If you can recall from from back, then that to to fix the issues, ensure that as it hasn't happened again, that it doesn't happen again and Will will not. Moving forward. Sure 100. The employee was dismissed, although I I did appreciate Pekish's comment about actually retaining, or one of the folks about retaining that employee because they certainly learned a lesson. But in our instance, the employee was terminated. We immediately held team meetings and had a chance to discuss with everybody and talk about the importance of proper service. And with those conversations, conversations moving forward, will you make your staff aware that violations can result in criminal penalties for them individually as well as the issues for the business. They're already aware of that. And now even more so, you know, serving things other than beer. Bring up the responsibility a little bit higher. So we've already started. We've already implemented some of those measures, and we're going to continue to do so.

[114:17] Mr. Bill. as you considered the change of class here, can you touch on why, you believe that the boulder community desires this change and would benefit from the change of class and the options that it would give you. Sure. Again, I think it would definitely enhance our customer base. You know we get right now, we, as a beer manufacturer for the board who who are fairly new as a beer manufacturer. We're only allowed to sell the beer that is made on premise with a brew pub license that will allow us to also serve wine, and if we wanted to cocktails, we're initially going to focus on just being able to serve wine because we get quite a few customers who would like to bring other family members in, but they're not beer drinkers.

[115:04] so it would absolutely allow us to enhance that experience for people. And have you received positive feedback about this change of class and and potential? Again, expanded offerings from those in the community? 100%. Yes, we. We've got nothing. But we. We posted our our notice now for for a couple of weeks, and we're we're getting nothing but positive feedback to it. So, Mr. Bale, do you believe that if this change of class to a brew pub is granted that it would help improve the economy and and welfare of the neighborhood and the boulder community as a whole. It would. Yes, it would. And again, I think, though the most important part, it would give, especially the local residents somewhere to walk to, and you know, be able to enjoy stuff without getting in a car. Mr. Bale, I have no further questions. Is there anything that you'd like to take this opportunity to testify to to the bla.

[116:07] Other than just some things that I've said. You know. I think that I'm very proud of what Twisted Pine has become what it's been. We've been very community oriented. We've hosted quite a few nonprofits before. It's been hard since, but before Covid, we did. We would do things like pines for a purpose where we donated a monthly amount each month from each pint to to local charities. We've hosted a lot of local civic entities. We've had police departments have had functions here. The fire departments had functions here. The cities have functions here. So we're very proud of that fact that we are very community oriented. And we plan to continue that. Well, thank you for your time, Mr. Bail. I have no further questions, so at this point I would turn it back over to the authority. If they have any questions.

[117:02] Great. Thank you so much for that presentation. Are there any questions from the board? Not seeing any? Oh, go ahead, Member Crane. Great. Well, congratulations on on your business established for for the period of time that you've had. It sounds great. and the housing a number of apartments and condominiums, and so on, that have grown up in your business area has been amazing. So I think it's a real safety issue that people can walk to your facility. There's nothing quite like it in the area. People can cross Frontage road and go down to some of the other establishments off of 30, 47, th and so on. But where you are that that's a great location. How my one question is is, how many of your employees are boulder residents. Could you give us a sense of that?

[118:03] I'm curious about. I can't speak accurately, but I know a minimum of one half. You know, these are kids, and it's very hard to live in boulder. Obviously, unless you're 5, 6, 7 to a house these days, which is a whole other can of worms. But I'd say at least half are boulder residents. Yeah. Good. All right. Want to support that. So. Thank you. Thank you. Thank you very much. Thanks. Member Crane. Are there any other comments or questions? Okay, any final closings before we begin deliberation? No, ma'am. Okay, great. All right. At this time we will close for deliberation any discussion or motions around this.

[119:03] I would say that I think this is a great enhancement for twisted pine. I think this is a great establishment. I think they provide needs in that area of the community that just, aren't there? So I would be in favor of this enhancement to their business. I totally agree with you. Chairman Roberts, I think it's nothing but a win-win situation for establishment, and also the community around around it. Cool. Well, with that said, I'll make a motion to approve the new license for Twisted Pine. Can I second the motion member? Barnes. Great all those in favor say, aye, member Roberts. Aye. Member Barnes. Aye.

[120:03] Remember Crane? I sorry. Never Haggerty, eye. Okay. You have been approved congratulations, and I would really like to see you bring back your calzones. Okay. Okay. It's gonna throw that in. We have the best chicken wings and pizza in town. Hopefully, that'll do. I do, you do. But I didn't like your you had those like calzones and Strombolis right. Run it up the flagpole. Okay. Terrific. You board. I appreciate it very much. Luck! Thank you. Thank you all. Thank you. Alright. Give me a second. Okay. Next, we have agenda. Item 9, which is matters from Wcd. Attorney Roberto, do you have anything.

[121:09] Hi! Everyone! I have nothing. Perfect. and we will move on to agenda. Item, 10 matters from licensing clerk. We have a new agenda item on here that will excuse me. Stay on the agenda for the foreseeable future, and that is a legislative update. We thought we had a legislative update for you, but it was killed recently, so there's nothing and I don't think I don't think Elisa wants to say anything else about that, but she'll let us know if she does. and we have 2 boundary settings. Let me get the maps up here for you. The 1st one is for cura sushi U.S.A. inc dba cure revolving Sushi Bar 1, 8, 5, 29th Street, number 1152, boulder, Colorado, 8 0 3, 0 2. That is for a new hotel restaurant type liquor license. I took the suggested boundaries from Bj's restaurant and Brew House

[122:18] and that is at 1 6, 9 0 28th Street, and I will share my screen. So you can see what I'm talking about. And actually, the suggested boundaries for both of these boundary settings today are is the same. So it's gonna be. That is where I'm taking the suggested boundaries, for that's where Kira Sushi is. and the suggested boundaries I have are Bluff Street extended on the North Colorado Avenue, on the South Foothills Parkway, on the east, 20th Street on the west, as always. Let me know if it's helpful to zoom out

[123:03] zoom in whatever works. I'd make a motion to approve those boundaries. Member Crane. I second. All those in favor say, aye, member Roberts. Aye. Amber barnes. Aye. Member, Crana. Member Haggerty, A. Thank you, Caitlin, for letting us know about the previous ones. Oh, yeah, no problems. And that's no problem. And then I have one more for you. And again the suggested boundaries are going to be right here, and I'll show you where this new one is. So our other one is going to be right next to where our last one was and that is, and I'm sorry. There was a slight typo on the agenda, but the correct business name is Ltf. Club Operations Company, Inc. Dba. Lifetime. 1821 30th Street, Boulder, Colorado, 8 0 3, 0, 1. And this is for an entertainment type, liquor license, not a hotel restaurant. So I apologize.

[124:15] but the suggested boundaries are going to be the same and that is Bluff Street extended on the North Colorado Avenue, on the South Foothills Parkway, on the east and 20th Street on the west. It's going to be an event license. It's an entertainment type, liquor license. It is a gym type of situation. I believe. Right. It's life I'm guessing. It's lifetime, fitness. It is. Yeah. Taking over Colorado Athletic Club. So they want to be able to serve in their gym. Let me get you some details. I don't. Kristen Teague took took this one so I haven't looked at it, but I can look at it really fast, and give you the description.

[125:03] One second. While she's looking for the rest of the board. What I was trying to understand is that's a huge establishment, and they can have a lot of occupancy. So I was trying to understand if we needed to have more outreach for something like this, or if we feel that these I mean, I think foothills is pretty far. But do we feel like it's gonna do we feel like it should be bigger for a bigger space? That's all. I think the the the boundaries that Caitlin provided are are appropriate. Okay. And let's see so on their application, which you'll see next month when you see their like when they go to application. Hearing the nature of the proposed establishment and the target market is a full service athletic club with food and beverage service. The target market includes individuals and families. In addition to athletic facilities, they offer group activities, including club fitness and outdoor films and documentaries with keynote speakers.

[126:13] And then they'll have different clubs like hiking, running, cycling, uphill, skiing. They might have live music once or twice a week, outdoors during summer months. one or 2 times a month, indoors, year round quarterly fitness, competitions, book, club, social events with Trivia and Bingo, and they have an outdoor pool and then a food and beverage service in the pool area. If that's helpful. Does that change anything for you, member Haggerty. Doesn't know. I think it's still pretty pretty good. Okay, do you want to make a motion. Yup, so I'll make a motion to accept the boundaries.

[127:01] Good to repeat them for the. Bluff Street extended on the North Colorado Avenue, on the South Foothills Parkway, on the East 20th Street, on the west. There you go! I second the motion member Burns. Great all those in favor say, aye, member Roberts. Aye. Member Burns. Aye. Number, grainite. Elmer Haggerty. I. Thank you so much. And I am. I think I'm gonna turn it over to Elisa real quick because she has an update on an expected administrative processing of the liquor license transfer. There's 2 on your agenda, and she has an update on Degabi. Thanks, Caitlin. So I just wanted to give you an update that some information has come to light regarding to Gabi, and we are not going to be able to process it administratively, and we'll bring that information to you next month at the meeting. In the meantime they have an issue to temporary liquor license, and they are currently serving liquor. We just have some information. We think, that the bla should consider and make a decision on rather than have Staff do it.

[128:21] Hey? Thank you. Thanks, Lisa. all right. And then the only other thing that I wanted to talk to you about. I'm so sorry it's not on the agenda, but next month I would like to have a discussion about any items that you all would like to see on the retreat agenda. So if there's something specific that you guys want to. that you wanna discuss at the Retreat? I'm gonna put an agenda item on next month agenda so that we can discuss those. And then you can kind of come to a determination of what items or what

[129:08] topics you would like to discuss. Typically at the retreat. There's potentially like some training from city attorney's office. We do that sometimes. Oftentimes, Officer Rec will have, like a presentation or more information for you or you guys can have discussions with her about things. You're it's been seeing where there's like discussions with the attorneys about certain things. If you want to make changes to the rules of procedure, the bla rules of procedure. That's the time that we usually discuss that. So those kinds of things are usually what we talk about and any discussion items that you want to have. So we don't have to talk about it today. We'll talk about it next month, but I just wanted to get that on the record and in your and on your desk, so that you all can start thinking about whatever you'd like to talk about. Retreat. Thank you. Cool.

[130:01] and I think that's it for licensing. So I'll move on to agenda. Item 11 matters from the chair and members of the authority. I do not have any matters. Does anyone from the authority? Thanks, Caitlin. So then it's just motions for adornment. Oh, great, thank you. Get your attention. I'd make a motion to adjourn the meeting. I second it. Member Burns. All those in favor say, aye, member Roberts. Aye. Amber barnes. Aye. Very nice. Member Haggerty. I. Meeting is adjourned at 5, 16 Pm. Perfect. Thank you all so much. See you next month. Thank you. Guys.

[131:00] Chair. Roberts. Yeah. Well done. Yay! I felt like it was like my 1st day of work, you know. 1st day of a new job. Right? Hey? You did great. Yeah, thank, you. Everyone have a good evening. Bye-bye. Conversation. Bye, bye. Thanks, Staff, for all your support. Thank you. Bye.