September 17, 2025 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:02] Alright, we are now recording. Good afternoon. Chair, you may now call the meeting to order. Sorry about that. Okay. Sorry, I was reading last-minute emails that we were sent, so I'm just a little scattered. Okay. This is a public notice City of Boulder Beverage Licensing Authority hearing for Wednesday, September 17th, 2025 at 3pm. This is a virtual hearing. And… I will pass it to, Sarah, for instructions for the virtual hearing rules and decorum.

[1:06] All right, I will now go ahead and share my screen and the instructions for the virtual hearing and rules of decorum. Cool. I'm gonna have to click share again. Okay. 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 members, as well as democracy for people of all ages, identities, lived experiences. and political perspectives. For information about this vision and the community engagement process.

[2:02] please visit the Boulder Revised Code. The City will enforce the rules of decorum found in the Boulder Revised Code, including 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. No attendee shall disrupt, disturb, or otherwise impede the orderly conduct of any meeting in the manner that obstructs the business of the meeting. This also includes failing to obey any lawful order of the presiding officer to leave the meeting or refrain from addressing the board. Only one person at a time is allowed to speak unless an accommodation like an interpreter is required. 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, other epitaphs based on race, gender, or religion, or other speech and other behavior that disrupts or otherwise impedes the meeting will not be tolerated.

[3:14] Okay, and I will now move on to member roll call. If you will please speak your presence aloud. Member Michael Carr? I have a car present. Member Lansing Crane? Dr. Crane present. Chair Leah Roberts? Chair Roberts present. And I do see Brendan Haggerty has joined us, so if you all give me one moment to let him in, please. Alright. Sorry, everyone. That was perfect timing, Member Haggerty, if you would mind, please speak in your presence aloud. We were just doing roll call.

[4:07] Member Hagerty present. Fantastic. Great, thank you. Has everyone had a chance to, review the meeting minutes from last month? And are there any edits or adjustments anyone would like to make? I'm not seeing any. Okay, I will make a motion to approve the meeting… the meeting minutes from the July 30th hearing. Member Carr will second the motion. All those in favor say aye. Member Roberts, aye. Wait, Member Roberts, Chair Roberts, would you say July 30th? I did, and I got confused because it says approval minutes from July 16th hearing, the July 30th special hearing, and the August 20th

[5:08] It's 2025 hearing, but I think we had already approved some of those minutes before. The 16th and the 30th are the ones that need approval. The August meeting minutes were not included, so it is the 16th and the 30th, the special hearing. Okay, that makes more sense. We did not do the… we were not able to approve those two last time, because we did not have a quorum of everybody that had been in those. That had been there. Right, thank you. Okay, so… Do we have that quorum today? I believe so. Yes. Great. let's do, I'm sorry. So, I will make a motion to approve the minutes from the July 16th hearing. All those info… or… Is there a second? Remember Crane, second?

[6:01] All those in favor to approve the meeting minutes from July 16th say aye. Member Roberts, aye. Remember, crane height. Member Carr Wolfstein. Member Hagerty, I, I, I, I… I was there, so I… I was trying to figure out which one I was… I know it's a little. That's true. Amazing. Great. Yeah, so I for me. That motion passes for July 16th. I will now make a motion to approve the July 30th. Minutes. Which I know we kind of already did. Do I have a second? Deborah Crane, second. All those in favor say aye to approve the meeting minutes from July 30th Special Hearing. Member Roberts? Aye. And McCrae and I. Never car, I… And Member Haggery abstained from that one.

[7:01] Great, thank you. Thank you, perfect. We will now move on to Agenda Item 2, which is matters from the Boulder Police Department. I do know Officer Leah Rack is here, so Officer Leah Rack, if you have anything to present for the board? Good afternoon. Just a couple things. One, we are up to about 1,600 fraudulent IDs for the year, so we are quickly Surpassing last year's numbers, and then the other, the other thing that has been brought to my attention by some of our patrol officers is they're seeing a lot of the underage individuals with their fraudulent IDs making it into the establishment, some making it through the door staff. The IDs are passing the scanners. It seems like the people who are manufacturing these fake IDs are always one step ahead of technology. And so we're gonna be maybe focusing a little more of our attention on when we do those walkthroughs, looking for those under-agers, so…

[8:04] you may see, you know, possible show cause or two, just depending upon the circumstances surrounding how those individuals are making it into the establishments, but I just wanted to give you guys a heads up that that's definitely something that we are seeing. Hmm. Okay, thank you. Ongoing issue. Any questions for Officer Reck? Officer Reck, what are you recommending as best practice for, you know, the owners to, combat these, these really good fake IDs? You know, one that we just recently had, the owners actually doing above and beyond what you know, I'm very impressed with what they're doing to try to combat them, but I think that there's a little bit of a,

[9:01] They're so focused on just… getting those IDs through the scanner that they're not actually taking a look at. If our officers are walking in and clearly can see that these individuals that are making it in are… they appear to be underage, and so then they'll, you know, ask them for their IDs, and when they hand their IDs over, that made it through. then the officers are able to determine that they're fake. But it's kind of a double-edged sword, because those IDs that they are producing are… they'd be very difficult to determine that they're, you know, fraudulent. So, like I said, a lot of education, making sure… we have some businesses that are just on top of it, so hopefully we can have those businesses share their experience and expertise on how they're… Identifying those under-agers with, you know, the other businesses that are… we're kind of seeing, you know, a little bit of a concern with. So it's, like I said, it's a double-edged sword. I think. IDs are getting… they're good.

[10:00] Are the… are the books, more applicable in these situations? Like, is it more helpful to use the book than… rather than the scanner to identify a fraudulent ID? I think that the books are helpful, but when they have their lines out the door, I think they get into a hurry to try to get those people, you know, into the establishments, so they're not pulling out those books to, you know, compare… the IDs to what the book is saying, and you know, obviously back to school, and with the football games, we've seen a lot, a lot of lines outdoors. That's the other thing, you know, I wanted to do, is make sure that we've got our occupancy numbers accurate with the fire department, so working on making sure all those numbers are up to date, too, and that's just for the safety of everybody involved. making sure that we're not over, you know, letting too many people in and kind of slowing that process down. I think that, you know, once they realize that we are kind of looking into that, that maybe they will slow down a little bit and… and, you know, have a few other things in place. So, again, I think a lot of it's going to be education.

[11:05] Thank you. And if you guys have any suggestions, please… Member Haggery, I have a quick question for you, officer. when you… that kind of the establishments that are doing a great job, what has been communicated to you? Like, you kind of mentioned there's a few, they've gone above and beyond. Are there… you know, how are the officers able to kind of determine that? Is it just, like, kind of the eye test, or the number of IDs that they're grabbing, or what… what kind of, you know, makes those establishments that are doing a great job, what puts them above the rest of them? You know, we, I have… I keep track, of course, who turns the, you know, what IDs in, and so, you know, the ones that are turning in, a lot of the… you know, IDs that I take a look at and are really good, those are the, I think, the ones who have… they have a really good eye, they're not relying on scanners, they just have a really good eye of things to look for. The establishment where… where the officers walked in and immediately saw the two… two, individuals that were clearly underage, that was just an eye thing. They just…

[12:12] You know, he looked… they looked at him, and they're like. you clearly do not look 21. And the place that they went into, they had two scanners, two different companies with scanners, and they were able to… one of the scanners, the battery was dead on, so they just used the one scanner. The owner came to the police department, and we scanned the IDs, and they did scan valid, so we talked a little bit about, you know, how they could compare and contrast, looking at the obvious. Like I said, these, individuals were definitely, they clearly looked underage. So, we talked a little bit about that. So again, it's kind of the education piece, but I know that we're not going to catch them all, but at least if we can get that out there and kind of educate them, and ask if they need help. You know, if they're wanting some more guidance on… on catching those IDs, we could talk to the establishments that are really good at it and see if they'd be willing to help out their

[13:08] Fellow liquor license establishments. Thank you. Yeah. Any other questions for Officer Ruck? Thank you so much. Okay, thank you. My apologies, I did miss actually going over hearing agenda issues from the licensing clerk. I do have one hearing item to bring up, that is regarding Agenda item 6, which is the renewal application filed for ADOS. I do want to let the board know and ask for a continuance for that, as the poster was not picked up. for this BLA hearing, again. Again, because we've already done the continuance with them. From the last hearing, yes. Okay.

[14:00] Did they… Communicate. With you? Or it just didn't show up? I have not received communication from them. I am… We can certainly continue it, but… I am inclined to say that, given that they haven't, Given that they haven't. Oh, hold on, Member Carr. Yep. I'm not sure we're there, and… Judge Ramirez has raised his hand. Hi, everyone. So, can I suggest that we… just go through the agenda, because we have two of them that are up for renewal, and both of them have the same issue, right, Sarah? Correct. Okay, and so, once we get there, let's go ahead and talk about some of your options. But… but we can talk about both of them together, and I suspect you're going to have some questions about how many continuants have we had? Are both of them or either of them in compliance with sales tax, use tax.

[15:11] So it'll give staff a little bit of time to get some information together. Thank you, and I'm sorry to cut you off. Thank you. Okay, perfect. Thank you, Roberto. So we will move on to Agenda Item 3, which is general public comments for future beverage licensing Authority hearings. If anyone… if there's an attendee who is here who would like to speak, please raise your hand. We'll give everybody a few minutes just to see if any hands are raised. I currently don't see any. Okay, so we'll go ahead and move on, as I do not see any hands raised for public comment. Which does bring us to agenda Item 4, which is the show cause hearing

[16:05] Excuse me one moment. Which is the show cause hearing for an alleged violation, and whether the restaurant hotel type liquor license held by 921 Bar LLC doing business as C Bar Seaburger 921 Pearl Street, Boulder, Colorado 80302 should be suspended or revoked. Great, thank you. It just becomes… raise your hand. And if you are here to speak on this matter, please go ahead and raise your hand. Fantastic, I see one hand… There is a stipulation in this case. All right, and just to let everyone know, there is a stipulation in this case, a signed stipulation.

[17:02] Let's a version. And then pack it. Exhibit. And that was the exhibit that was sent yesterday. All right. Like Ms. Riggs said, there is a stipulation in this case, so we would move for the board to accept that stipulation at this time. I would make a motion to accept the stipulation. Is there a second? Remember Carville? I'll second that. All those in favor of accepting this stipulation say aye. Member Roberts, aye. Member Carr, aye. Member Crane, you're muted. My procrane I. And Member Hagerty, aye. with enthusiasm. Great. Thank you.

[18:03] And it looks like… Folks hear me okay? Yes. I'm sorry, I've just now looked at my name, and it's an old name on there, so I apologize for the confusion there. I do think we also have Brian Dayton. He told me he was on. I don't see him join as a panelist. He's the owner of this establishment as well. He is… he did not raise his hand, so give me one moment while I… Let's make sure we have him there, too. Thank you so much. Of course. Alright, he's joining right now. 2… Okay. I will read, Sorry, my camera or something was acting weird. I was waving, but sorry about that. No worries. This is a public hearing for… before the Beverage Licensing Authority of the City of Boulder to determine whether or not the license of

[19:07] 921 Bar, LLC, DBA C-Bar slash Seaburger, 921 Pearl Street, Boulder, Colorado, 80302. With a liquor license, Type of restaurant, hotel, 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 licensee's presence here today. I do see you're represented by Council. Mr. Staben, would you be okay with waiving the reading into the record? I sure would, thank you for asking. Great, thank you so much. And so. jerk. Sorry, Chair Roberts, if I can go ahead and swear in Brian Dayton, please. Yes. Thank you.

[20:01] Fantastic, thank you. I would like to ask if you can please state your name, spell your name, and give an address for the record today, please? Yes, the bar address or my home address? Whichever you prefer. Okay, Brian Dayton, B-R-Y-A-E-N-D-A-Y-T-O-N, and 921 Pearl Street, Boulder, Colorado, 80303. Fantastic. Please raise your hand. Do you swear or affirm the testimony you are about to give in the matter before the Beverage Licensing Authority is true? I do. Do you also swear or affirm that you or your employees have posted the premises for at least 10 days? Excuse me, I'm sorry, my apology, that wasn't relevant for your case. Okay, that's for applying for liquor license, correct? Okay. And go right ahead.

[21:01] Thank you. May I begin? Or how do you want to work? Yes, if you don't mind, before you begin, are there any, has there been any ex parte communication or, conflicts of interest from anyone on the board? Remember Robert's no? Remember a card now. I'm a trainer. Member Hagerty, no. Great, thank you. Mr. Stapen, it is finally your turn. Panic. Sure, they're going to ask you to read your attorney number into the record. Yes, by all means. First of all, it's great to see everybody again. Good afternoon. My name is Adam Stapen, A-D-A-M-S-T-A-P-E-N, attorney licensed Practice Law in the great state of Colorado, with a registration number of 27… 506, appearing on behalf of the 921 Bar LLC, with Mr. Dayton that was previously sworn. Shall I continue? Please. Thank you. I'll be honest, I've been doing this for quite a long time, and I can tell you this… what we have in front of you today is very rare.

[22:07] We have an operator that's been in business for 40-plus years, give or take. Without a singular liquor violation. Not a single one. And you know he's been operating in your great city with Oak at 14th and others for many, many, many, many, many years without a single violation. So this kind of comes as a shock. Mr. Dayton is here taking full responsibility for this action. The employee that had this sale, allowed the sale to occur, did check the ID, just didn't… do what she was supposed to do. In this instance, Mr. Dayton didn't fire her. This is his first experience dealing with this. He's never had to reprimand an employee for violating any liquor law of the state of Colorado, or he's done business up in Montana as well, the state of Montana.

[23:01] And he believed this was a good employee that just did something bad on a bad day. But a good employee. She's 26 years old, older than the usual. age of servers, or if you would, in your community, and you want to retain good staff, and Mr. Dayton believes he's going to be a great voice for compliance going forward, because She had to go to court, she did her time there, she understands what this is causing Mr. Dayton and his company to go through, and she's gonna be a good vocal supporter of continued compliance like you've seen before. We submitted the mitigation packet to you. I think it's pretty substantial. It has in there what I believe you're looking to see. I mean, again, a good operator, someone who takes this very seriously, not only at this location, but at other locations within your city and elsewhere. And understands that an alcohol license is a privilege and it's not a right. Not everyone gets one. Not everyone's allowed to serve or sell or allow consumption of alcohol within your community or the state of Colorado.

[24:06] The training is the state-certified training. They do have ID booklets behind the bar, as you spoke before, you know, how to… these fake IDs are getting dangerously, dangerously hard to find and to understand. Yet, he's doing everything he can. This was not a fake ID, this was a vertical identification that the person was trained not to accept, but I just want to let you know what kind of operator that you have before you right now. That this is someone who has just not only been in business for a year or two. But someone that's been in business substantially longer than most businesses within your community, without a single violation. And I say this because we get to table values, and I understand table values, I understand your discretion to exercise The facts are before… for you.

[25:01] Give credibility and give credence to operators who have shown patterns and practices of being a good corporate citizen, of being a good compliant licensee, and should be given, in my mind, a different treatment than what a table value or what a typical penalty would look like in your eyes. Otherwise. again, it makes… it just seems to me human nature, especially in an industry that's heavily regulated, that continued compliance and a singular violation in X number of years should hold a lot of weight in your eyes as to the table value. I say this with an understanding that we do know the table value, as I understand it still, is 5 days served, 9 days held in abeyance. I would submit to you, giving everything that you have here, and you can ask any questions of Mr. Dane, he'd be gladly to answer, what his background is. I can tell you, going forward, as a result of this.

[26:06] they already have their people trained, they already do what they're doing, but now they're reinforcing at every shift meeting, you have to check IDs, this is unreal, and even if you do check the IDs, slow down. If it's vertical, that should be a ring-ring, you know, ring the bell, stop, don't consummate the cell, look at it 3 times, get a manager over. That is, in and of itself, unacceptable. She knew it, but for whatever reason, she allowed it to happen. But as a result of this, he is re-educating his staff, and he's taking this extremely seriously to the extent of even hiring a lawyer. And this is his first time needing to have a liquor attorney because of his longevity without a violation. he does ID everyone who appears to be under the age of 50. There's policies in place that they do and stuff like that, so… when it comes to table value, I do believe that there should be a deviation from that, and I would…

[27:02] Respectfully submit to you, it should be a pretty sharp deviation. To give those that have proven themselves in your community Time and time again. I don't want to say the benefit of their service to your community, but an acknowledgement of that. And so what Brian and I have talked about, and what we're proposing to you as a change of the table values, would be a 3-day suspension. Of which, if you do agree to that, I will be asking for payment of a fine, and I do have the fine Calculation of the numbers available, and we can provide that to you. With 3 days being held in abeyance. he's taking full responsibility. We're not asking for a warning, we're not asking that you let this lie. We're taking full responsibility, but we are asking that you do take into consideration who you have before you.

[28:02] Oh… And understand that that means a lot, at least I think it does, in my years of doing this. Like I said, this is a unicorn. You don't come across someone like this that's been in business this long in college towns. proving… good operations in having this happen once. So, Mr. Dayton is here to also talk to you, answer any questions you may have, but that's generally what I wanted to do, is kind of let you know Where we sit on this, and kind of, we're here to answer any questions you have, and address any issues you may have relative to the mitigation packet or other matters. So, with that, I just want to say thank you for your time, and we're here to answer any questions. Great, thank you so much. Questions from the board? 4… Mr. Dayton?

[29:04] I guess I just have one question. You know, Mr. Dayton, you see that there's obviously a lot of risk with taking vertical IDs. I'm curious, will… your establishment would still be accepting vertical IDs after this, or how are you approaching that specific challenge? Yeah, vertical IDs, the… our policy is if you see a vertical ID, is that, like Adam said, we slow down, we look at it, we get a manager involved. we get a second opinion on the vertical ID. There are a lot of states that use a lot of vertical IDs, across our nation, and so… and then we obviously live in a college town, so you see a lot of verticals, but we… and… and the ID… world is hectic and intense. Like, you know, sometimes they show up with a piece of paper and an ID that has a stamp through it, and then or the new IDs they have on their phone. So there's, you know, there's a lot for us to keep up with, but we always get the management staff, or myself, depending on if I'm on the floor, depending on which establishment I'm at, we always take a minute, look at it, and we are hypersensitive to it. That did not happen in this case with the

[30:14] With the bartender that was on… on… on duty that night, and it was definitely not part of our policy, and… not making excuses, it slipped through the cracks, and it's something that, you know, I've been very fortunate with in the, you know, I've been doing business in Boulder, you know, I've had 8 different liquor licenses. in the state… between the state of Colorado and Montana, I've never had one infraction. All those licenses add up to over 45 years of licenses, and I've never had one infraction, and, you know, so we take it serious. You know, Oak at 14th is 15 years old in the city of Boulder, and Corita's almost 8 years old. So we've had a lot of longevity in this town, that we take it serious, and we're constantly doing it, and you know, we've passed a lot of these sting operations in the past, and you know, unfortunately, you know, we failed here, and there's nothing, you know, that I can do to take that back, but we do take it serious as a company and what we do in providing the services that we do to the community.

[31:14] Thank you. Thank you. I guess I'm just having… I guess I'm just not understanding your specific rules around vertical IDs, because I thought that you just couldn't take them. you can take vertical IDs if they're a legitimate ID. That's… and there's lots of states that have legitimate vertical IDs that, that have the dates that are expiration way past the vertical and all those things. I don't… I can't recall exactly what those states are, but there are states that have verticals that are legal identifications. Sure, sure.

[32:04] Okay. May I ask a question? Mr. Dayton, are you aware that the vertical ID in Colorado indicates the individuals under the age of 21, is that right? Correct. Do you accept Colorado vertical IDs? We do not. Okay, I think that was the Yeah, that was the misunderstanding. No, I'm sorry if I didn't get that across. Sorry, I might have worked. Doing, yes. So it was an out-of-state vertical ID. This was not. This was the one that they showed us to, I'm pretty sure, was a Colorado vertical ID, because it was part of the… the sting operation, and so she failed to do our policy and get somebody else involved and not take the ID and or ask anybody. She didn't stop, hey, this is a fake ID, or this is a vertical, what should I do? She literally looked at the ID, And just… then she proceeded to move forward. With the transaction.

[33:01] How long has she worked behind the bar for you? We're a new establishment, so she's only been with us about 90 days. We've only been open 120 days, approximately. Right. And she didn't get one of your other establishments. Sorry. And she wasn't at one of your other establishments. No, it's, this is a, a smashed burger, operation, so it's a, you know, a really kind of casual burger restaurant that's downtown, so it's a, it's a very different, arena than our other restaurants, and so it's, it's, it's, just a different, different deal. So we haven't had… there is some upper management that we have crossed over, as far as, like, our, our top management that help out at the establishments all the time, but this employee had not. Yeah, that kind of brings me, to a thought I had where your other establishments, your clientele, are going to be vastly different than a burger joint in downtown Boulder. I mean.

[34:02] Corita and Oak, they're… they're just gonna have different clientele. And so I was just wondering if… You've considered taking different actions, different training approaches, now that you're kind of in a new arena with new clients that you weren't with previously? Yeah, absolutely. We might have different clients, but we're all still part of the Boulder community, and as far as I know, every establishment that has a liquor license out there has these same rules that go through them, and I know we've passed multiple of these operations before at the other establishments. So, you know, our foundational core values are still there, and so… and that's something we talk about all the time, and that doesn't matter if it's Oak, or Carrito, or it's Seaburger, because we live in a college town, and it's something that we're like, hey, you know, we live in a college town, let's check IDs, and that's across the board at all of our establishments. You know, tips training for all of our employees is something that we take very serious. So, you know, it doesn't matter if it's a burger joint or Carrito, we're constantly talking about it to make sure that we're, you know, on point, making sure that we're following the rules and legislation of our great state.

[35:15] Great, thank you. Are there any other questions, comments from the board? Not at this time. Okay. Attorney Staben, would you like to give closing, or anything else? No, I appreciate that. Again, I think I've… I can be long-winded. I don't need to be more long-winded than I already am. But I do ask that you take into consideration there has… this has to mean something then not, and that's… I guess that's what I'm trying to say. When we look at the table value and hopefully depart from that to the extent that we're asking you to do so with facts that I believe justify it, so thank you. Great, thank you.

[36:00] Okay, at this time, we will close for deliberation and open up discussion amongst the board. I know for me, this is really tough, because we are seeing, like, technology changing, and I know that it's going to be hard for the establishments to keep up with that. This doesn't fall into that category, necessarily. I also have great appreciation for… The business that Mr. Dayton has done with his establishment in the city of Boulder. And I heard Attorney Stapen loud and clear. So, I'm… I'm in a conflicted state. What are you all thinking? What do you… where are you guys standing? Yeah, I'll… you know, I love to see that there's, you know, an operator who has a lot of multiple establishments and who has a long history here, and it's, it's hard to see, you know, when they do fail a compliance check, because they have been so good for so long. But, you know, it happens, it can happen to anyone.

[37:08] And, it's… you know, I like the mitigation packet, I think that was really well crafted and put together, and I think it brings up a lot of really good points that we ought to consider about the impact that these businesses do have in our town. And, you know, I… I… am open to deviating from table values just based on what I've seen in the packet and heard today as well. But I'd like to hear from other members as well. Yeah, Member Hagerty. Yeah, I agree with Member Carr. I think the mitigation packet was well put together and thought out. I do appreciate that, you know, the, the bartender that, you know, was, guilty of the infraction, you know, they chose to keep her on and use this as a learning experience, which I appreciate. you know, as you mentioned, it's… they've never had issues before, and, you know, mistakes happen, and it can happen to anyone. And to use this as a learning experience, I think, is a good opportunity for Seaburger and CBAR.

[38:13] going back to Member or Chair Roberts' kind of point, yeah, Seaburger, C-Bar is very different than their other establishments, and it will maybe focus on a different crowd. So I think kind of the opportunity to really kind of, you know, tighten it up and make sure that, you know, all the bartenders and servers, are really laser-focused on, you know, spotting those IDs. I think it's a good opportunity to kind of, continue to, you know, just kind of focus in on that. And then lastly, you know, I think the, what, Attorney Stapen mentioned on the, you know, the table values, and looking at that. So, you know, I'm maybe inclined to, agree with his recommendation, for kind of the reasons that they put forward, and knowing this is a first-time infraction, and knowing also that, you know, the mitigating factors and also the, you know, the opportunity to learn from this.

[39:10] I think is important as well. That's where I'm leaning. Great. You'll remember Crane, as the newest member of the board. I… I agree with everything that I've heard from the other members. For me, the decision to retain the employee ranks very high in the mitigation. Of penalty. Consideration in the context of first offense, not only for the For the ownership, but also for the employee in this specific bar. and restaurant. I think it sends an example to the rest that if you, if you, And she obviously has gone to court and had penalties. It's not without consequence.

[40:01] But I think the overall culture, is probably enhanced by having a reduction. Acknowledging that, she's a good employee and otherwise made a mistake, I think we've echoed that throughout the group. I support the… the… the lower, sanction than what the… What the table would call for. Great. Yeah? Do you want to… is there a motion out there? I… I know that deviating is not something that this board has historically done, and… I do think that maybe we should… that… that unique cases to our community members such as this, I do believe, could deviate and… Member Carr, you brought up such a good point. The mitigation package was great. I wish everyone who had a mistake came before us like this.

[41:07] It really is thoughtful. So… I, I, I… Mr. Stapen, could you let us know what you had recommended? I'd like you just to recap that briefly for us. You know, no, absolutely. And thank you all for your consideration and words. I was recommending a 6-day suspension with 3 days to be served by payment of a fine, and 3 days held in abeyance. Again, we're not asking for a warning, we're not asking to get off scot-free, but I think this sends a message And we're taking responsibility for it. And it sends a message as well. Thank you. So, other members of the board, I'm not in favor of doing a fine in lieu of suspension days. Generally, I think we don't typically do that.

[42:04] I would be open to, though, deviating and not giving as many suspension days. I'm thinking something along the lines of… I don't know. maybe 1-2 days served, and then, like, the… You know. Five days in advance, or something of that nature. Member Hagerty, yeah, I'm, I'm, inclined to agree with you there, Member Carr. I think, yeah, we have not really… in my, in my time here, we have not done a fine in lieu of So I don't think we're gonna… I don't think maybe it would be appropriate to start doing it now, but I do think a one- or two-day, suspension, You know, still, you know, it still penalizes them, but it is significantly less than the table value. And again, you know, I think that's, what we're here to do. So I think, you know, suspension one or two days, I think, would make the most sense in my mind.

[43:09] I'll make a motion, for, 1 days served suspension and 5 days held in abeyance. I don't remember. Go ahead. Member Hagerty seconds that? Great. All those in favor say aye. Member Roberts, aye. Remember, car, aye. 3 and I. Member Hagerty, aye. And thank you very much for your time and consideration, folks. Help refresh my memory. Is this suspension… what is the day of suspension? And is there an opportunity to have that discussion So it doesn't fall on a day that's gonna severely adversely impact

[44:02] The operation that we just acknowledged, I'm just wondering that, so thank you, Sarah. So, traditionally, I think it's the following Monday, but we are always open to discussion. So the following Monday would be, and I don't have my paper calendar in front of me, I don't… what would that date be, Monday? 22nd, September 22nd. September 22nd? And Mr. Dayton, do you have a preference on that, hearing what the authority just concluded? Are you… do you understand what they just concluded? Yeah, I think I do, so… and thank you for, your consideration on everything. We do take it serious, so thank you. With the, with the… so, like, we close down for one day, basically, and then if we mess up in a certain amount of time, then we close down for five days. So let me… I guess I can explain that. Sorry. No, so that's why I want to make sure you understood. What this means is that you, on the day that is chosen, and right now it looks like it may be Monday, September 22nd.

[45:09] you would be required to cease alcohol sales. You can maintain your food sales, but you cannot have alcohol sales. I believe Boulder may require you, I can't remember if you have to cover up the bar of the alcohol, I forgot how you folks do it, but we want to be in compliance with that. But it will allow you to have your food sales. If… Okay. If, for whatever reason, you have another violation of the liquor code at this location, 921 Bar LLC, Within the next year, then those 5 days in abeyance will need to be discussed and analyzed in furtherance and in addition to a new penalty for the second infraction, if that makes sense. And you've heard… and you've heard them say that they're not… Acceptable or amenable to wanting a payment of a fine, so you kind of see where this, unfortunately, may go.

[46:03] Understood. Does that… did I… Okay. So would the 22nd be okay for you, or is there another date. Yeah, 20 seconds should be fine, that's this coming Monday. Correct. We can sort that out. Is that the date that the board is also okay with? They need to control. Yeah, you need to make a motion for that date to be the date of suspension, please. I'd like to make a motion for the suspension to be on September 22nd. Member Carr will second that motion. All those in favor say aye. Member Roberts, aye. Number car I. I'm afraid I… Member Hagerty, aye. Thank you. Mr. Dayton, so we will create the poster and have it ready for pickup tomorrow. You will receive email instructions. Poster must be picked up and posted no later than Sunday night at midnight. That is when the actual, suspension starts.

[47:16] Okay, and then we just put that in the window like we do, like, when we apply for a liquor license, and then, it's up for the… basically the 24 hours of the… the suspension, is that correct? There will be two posters, actually, that will both come with… they'll be two of the same. One will be on the outside, one will be on the inside. It will come with instructions also. So one will be on the outside, you know, or show the face of the outside of your… and one will be by the bar. Okay, great. Perfect. Thank you. Thank you. And with that, if anyone has any other questions, we'll move on to the next agenda item. That's all we had. Again, thank you for your consideration and thoughtfulness to this matter, so thank you.

[48:02] Thank you. Thank you. Have a good night. So we'll move on to Agenda Item 5, which is a show cause hearing concerning an alleged violation and whether the restaurant hotel type liquor license held by Pedro's of Boulder LLC, doing business as Pedro's Tacos and Tequila Bar at 1125 Pearl Street, Boulder, Colorado. 80302 should be suspended or revoked. If you are here to speak on this matter, please raise your hand so I can promote you to panelist. I see one hand raised. Please give me one moment to get you promoted. And I do want to let the board know there is a signed stipulation for this agenda item as well. Okay. Fantastic. And it looks like I have Mr. Willard, and if I understand correctly, Mr. Willard, you are counsel for this matter, correct?

[49:08] That is correct, and good afternoon, everybody. I'm also here with Mr. Oseguera on behalf of Pedro's. Let me set that up there. And Council, if you could please record your appearance, and I'll get your client sworn in. You bet, and for the record, TJ Willard, attorney registration number 34155, appearing on behalf of Pedro's Tacos, is the business, and individually, Armando Asseguero, who is on the recording here, and seated to my left. And do you anticipate that anyone else will be testifying today? I do not. Mr. Osuero, I would like to ask if you could please state your name, spell your name, and if you could say the address for the record, please? Armando, A-R-M-A-N-D-O, Oseguera, O-S-E-G-U-E-R-A.

[50:01] 1125 Pearl Street, Boulder, Colorado, 80203. Thank you. And if you could please raise your hand. And do you swear or affirm that the testimony you're about to give in the matter before the Beverage Licensing Authority is true? hyphen? Thank you. All right, turn it over. Great. Thank you so much. Oh, go ahead. Oh, I'm sorry. Since there is a stipulation in this matter, we would move for the board to accept that at this time. Excellent. I would make a motion to accept the stipulation. Is there a second? Ukraine, a second. Great. All those in favor, say aye. Member Roberts, aye. Member Carr, I… Remember, Reinhardt. Emer Haggerty, aye.

[51:02] Stipulation accepted. Okay. This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the license Pedro of Boulders, LLC, DBA, Pedro's Tacos and Tequila Bar, 1125 Pearl Street, Boulder, Colorado, 80302, with a… Restaurant, hotel-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 licensee's presence here today. Since you are here, with Council, Would you be willing to waive the reading of the procedure into the record? We would, yes. Great, thank you so much.

[52:02] At this time, I would like to ask the board if there is any, ex parte communication or conflict of interest with this establishment. Member Roberts? No. Ember car? No. The crane now. Emma Haggerty, no. Great. Then, if you are ready, you may proceed. Thank you, and thank you to the board members for our time. Can everybody hear us okay? Yes. Okay, thank you. I'd just like to start just by making a brief statement and presentation, then I would like Armando to kind of talk a little bit about what happened there that night. By way of background, Armando is from Louisiana. He has worked in the restaurant service business and industry for about 35 years, both as a server and for the last approximate 12 to 13 in ownership capacities.

[53:01] He did own his own establishment in Louisiana, participated in the liquor licensing process there in that state. In addition to our local, procedures here in Boulder. In that his 35 years of experience, this is the first time he's ever, had an issue, either individually or on behalf of his business, with noncompliance. For, any, any rules regarding alcohol service. Pedro's was, was opened on May 11th of 2024. In the mitigation packet, we did submit, just proof and documentation that all employees, participate in TIPS training, and a machine is also used as a scanner for purposes of detecting any fake IDs. There is also a book back at the bar.

[54:01] The day in question, and throughout all this, Mr. Oseguera has never tried to minimize the mistake here, and the mistake here was his. The particular day in question of the operation, three employees had called in sick that day. It doesn't excuse what happened, but Mr. Osaguero was jumping back and forth between helping the hostess, working in the kitchen, and also in service. in the chaos of the moment of trying to wear multiple hats that day, he was not thorough enough in terms of recognizing the vertical ID here, and just did not think quickly on his feet. He knew immediately after he had made that mistake. He didn't try to minimize or downplay that with With any law enforcement, and then clearly admits that the mistake is on him.

[55:05] this is a wonderful opportunity for a learning lesson, not only for him individually. He was cited with a violation of Boulder Municipal Code and has gone through a court proceeding himself, individually, being the one that had, that had provided the service of the alcohol to the underage people here, so he has gone through that process, but… has used this as an opportunity to work with all of his staff, and teach, and to train, best practices, and how, frankly, this could happen to anybody. heard Officer Reck testify about the kind of proliferation of fake IDs and how they've gotten pretty good, since this happened. Mr. Oseguera said they've probably caught 5 to 7 IDs and have turned those in. So it's working, they are conscientious about it, and this isn't something that, you're gonna see happen again. They are focused on being a good citizen, providing service.

[56:08] That's appropriate and responsible, and he's done that for an extended period of time, and this is… An opportunity to learn from this. I'm gonna have him talk to you all just about that night, what happened, and what he's learned from that. And go ahead. Hi, my name is Armando. Yeah, I was… Helping in the kitchen, like. 90% of the time. Like, a few servers don't show up to work, and they start getting busy. So I was… I was able to go over there and help them, and… On the back of the bar, and… I saw these people, like, waving and waving, and I go over there running, and… I see ideas, and that was too much in my head, and I made a mistake.

[57:04] Aye. I'm gonna check with Ryan. And that happens. And when I saw them, I'm like, oh… what I do, what I did, and… And I accept, I make the mistake, it's on me. I'm not here to, like, blame him. somebody else? And I apologize, you know, I moved here, like, a year and a half, almost two years to Colorado. for… because I have, special needs kids, and I… I… I find him a lot of help here, and… around Denver and Boulder. And now we started a new business in here, and… It's not like I, you know… That happens, and it never happens to me. I've never been in court. The only time I've been in court

[58:02] when I get a divorce the first time. And I have… I never had problems with the police, with alcohol, or anything like that. And then I… I guess it was… the time, I don't know what happened that day. And I… I'm training everybody. I give my… I check IDs, and the… and the ID detector, and the machine, and everything. I use my phone. I have… I have now Intel… what's the name? IntelCheck. Okay, it's not an app. It's an app. from the state of Colorado, that you can check. the IDs, and we collect, like, between and 7 IDs, fake IDs already. And I take it to the police the other day. And I mean, every time, you know, I tell the servers, bring me the IDs, bring IDs, bring IDs.

[59:00] So everybody… we end topping the… checking everybody's house IDs. And then I would, open it up to the board if anybody has any questions for Mr. Oseguera, he's happy to answer anything. Thank you. Thank you so much. Are there any… Are there any questions from the board? Yes, I had a question. I was looking through the packet here, the mitigation items, and I see the tips training, and I see the picture of the… scanner, So, another question I had, though, is, I didn't see, like, an alcohol policy or anything in here. Do you have one of those? Like, what's that… what does that look like, Mr. Seguera? Do you have, like, a written alcohol policy, or do you have a policy that you do with your employees in terms of training and education regarding serving alcohol? Yes, I do. And tell them about that. Yes, I do. I talk to them about all the

[60:10] The, all the alcohol. Things will happen to them. And I talked to them before. I hire them, I tell them you have to get your tips. And I explain to them what's going to happen if you, you know, and I… and I make… we always make sure when somebody comes through the door and you can see… see you students, kids, whatever. They had to bring each ID. To me, or to the managers, so we can… Use the app to check if he is, Real or not. Because when it's not real, it comes rare, and when it's real, you say, okay. And, we got a book. And the back, and the bar too, and we go through the book, and we go to the app, and we…

[61:03] We untapped at them really, really good. We don't blame no one's, you know, Check is, I think I got it over here. Second, please. How do you say? IntelliCheck. IntelliCheck. Slide these… You express, and you read the code in the back, the driver's license. It will show you, like, if he is fake or is real. And it will show you the… if he's 21, or 20, or… Waste, you know, 20… 25, or… And… we're really, really on top of them, you know, because I don't want this happening anymore. It will not happen anymore. Because I've really, really talked to them about all the policies, all the rules, and everything.

[62:03] Well, as a follow-up question, and I thank you for sharing all that, and I'm glad to hear you're using the apps, and you have a written policy, what is your policy on accepting vertical IDs going forward? Well, when it's a Colorado vertical, it's a no-no. And, like, and when somebody brings vertical IDs from other states, because the other states, like, have articles ID, we're going to the… up. And we check them, and we check with the book, To make sure it's real. And it's, you know, it's not fake or anything, it's a bit of anything from Colorado vertical is a no-no. 100% is a no-no. Thank you. Bing. Any other questions from the board? Okay, do you have any, closing statements before we begin our deliberation?

[63:04] Well, and I guess the only thing I would say, beyond what we've already presented here today, we would be asking the board to deviate from table values in terms of the sanction here. We are asking that based on, frankly, decades of compliance by, Mr. Oseguera, respecting you know, alcohol rules, policies, regulations. I know the business is new to Colorado, but he is not new to this kind of work, and I do think long-standing compliance for him is something that's important for the board to consider. Number two was his… constant, accepting of responsibility. He, you know. didn't try to do anything other than exactly what I should have done. It said the mistake was mine, and I'm responsible for it, number one. I've got to accept my responsibility and my role in this, but also use it as a teaching tool.

[64:09] for his employees and the business to be fully compliant moving forward. And then finally, I do think it's important, the particular moment in the chaos of trying to do multiple jobs. Again, I'm not saying that's an absolute defense here as to what happened, and neither is Armando, but I do think it was important, just the chaos of the situation. certainly did not help, but that mistake is on him. So, with factoring those in, what I would ask the board to do, I understand that having a fine in lieu of suspension is very rare. If the board is not in consideration of that, I would ask for a lower number of suspended days, deviating from the table values, just reflecting the equities that we've talked about here today.

[65:00] Great, thank you so much. At this time, we will close for deliberation. Comments, questions for the board, from the board? I think the… where I'm struggling a little bit is, they kept talking about how he's had a lot of years of com… in compliance, but it doesn't sound like here in Boulder or in Colorado, and so that's a hard… That's a more difficult comparison for me. Versus… Other establishments that maybe have been, and we just have a very long-standing, knowledge of their businesses. But I'm definitely interested to hearing what you all… where you all are standing, what you're thinking.

[66:04] Yeah, Member Hagerty, yeah, I, I understand your point there, Chair Roberts. I think they've been in business for… a year and change, I guess? So, yeah, first infraction after a year. But then have operated, yeah, in Louisiana for a number of years, but, right, Colorado's a little bit different. I did appreciate, you know, the, you know, taking full responsibility, and understanding that it was… it was a mistake, those happened, and, you know, the understanding of, you know, no vertical Colorado IDs, you know, he did accept those, but I guess, you know, learning that, you know, that can't happen ever again. As he kind of mentioned, alluded to. Also the, Car brought up the point of the, kind of, the written alcohol policy. I do believe we saw one, right, when we,

[67:05] you know, granted the liquor license for the establishment, but I just wanna, yeah, just… Yeah, that… to have that not included in the mitigation packet, probably, you know, not ideal. Because we do need to see that that is, you know, a real thing that is, you know, people are referencing, looking at, and understand well. Specifically with the Colorado Vertical IDs. But again, you know, first, first offense, you know, it is, you know, they have been around for a little over a year, but, I think deviating from the table value You know. probably makes a little sense. I don't know what to, like, what amount, but I think that's something for us to certainly consider. Yeah, I like that they have, and I do remember that they had a written policy, I couldn't find it in a previous packet, I couldn't remember when we originally approved their license.

[68:08] But… You know, they are in a busy location, right on the mall there, and it seems like an area where, you know, they have to be really careful. And I'm glad to see that they have a scanning app on their phone, and they have the physical scanners, and they've said they're using a book. I think that's all wonderful. Everything else seems to be… there are a lot of mitigating factors here. We don't see… you know, any, effort to push off a responsibility for the violation. I'm also not seeing, you know, we haven't seen any violations since they opened, or, you know. Anything of that nature, right? So… you know, I'm… I'm inclined to deviate slightly from table values, given what we've seen. Understanding that, you know, things happen. Obviously, it's… it's still a responsibility, no matter how busy things are, for anyone who's behind the bar, anyone who's serving alcohol, to validate the ID, but

[69:08] I would be… I would be willing to deviate from the table values slightly. Yeah, I actually remember when we approved this, one of the other board members saying. This is a very busy location, and we… I remember really talking about that during the approval of this license, about… That… yeah. And I believe he… we asked… How they were going to handle these kinds of situations at the time. So… Anyway. I'm curious… I'm open to hearing, if… I don't… I'm always open to hearing, what you guys were thinking for… Dave's… days served,

[70:08] But I wanted to be cautious about the precedents that we might be, setting. Going forward, it's not something that we've done before for an establishment this young. So, I… I… I am… yes, that's… that's my statement. I mean, I… it sounds to me, I mean, I'd consider doing maybe, like. 4 days served, and then 10 in advance, something of that nature. Yeah, I was, like, thinking, yeah, 3 or 4, and then… and then 10. you know, Chair Roberts, like, yeah, valid, valid point. It is, it is brand new in the grand scheme, or relatively new in the grand scheme of things. Dangerous precedent to set, but…

[71:07] I don't know. 4 might be a good number. And am I allowed to comment at this point? No, we're just closed for deliberation, thank you so much. Remember, Crane, did you have anything… any questions or anything? I don't mean to call you out, I shouldn't do that. I'm perfectly capable of responding, guys. You can call me out anytime. No, I mean, this is… the… the circumstances are… pretty straightforward. He's taken responsibility for it. He's a new establishment. Yes, it's a little bit of a… it's hard to credit him with long years without Without, violations, because he essentially was doing business elsewhere.

[72:02] Oh, so he's got a shorter record here. Okay. I… I… Take into account the judgment of my peers on this board, because when we're setting penalties, it's a question of you gotta… what's fair, what's… what's gonna be appropriate, what's good, not just for the… them, but for the community as a consistent standard. So I'm very respectful of what… what you all think is the right thing. If it had been me, I might have gone with 3 rather than 4, but there's not a lot of difference there. It's a… it's a period of time, and I defer to your judgment on that. it is unquestionably a difficult area. You know, we live 4 blocks from there by any time. Pearl Street's a challenge, so I recognize that. So, that's… that's where I am. I mean, I think… I think it is what it is, and…

[73:04] I think… I suspect that we're not going to ever see them again in this context. Hopefully we… the renewals will be managed by administration, and things will move on for them, but… It's a… it is where it is for me. That's why you didn't hear anything from me before. So I heard Member Crane say 3 days, and I also heard Member Hagerty say he was inclined to do more like 3 days. I'm open to 3 days. Is that what we're all feeling is more fair? I only proposed 4 initially, but… Yeah, I was initially leaning towards 3. You know, 3 or 4, but… I think… 3 is still, you know… Substantial, especially given their, you know, You know, location and,

[74:04] everything, so I… I don't know. First… first time offense, yeah, I… I kind of… I'm sitting on 3, but, you know… Would somebody like to make a motion? Sure, I'll make a motion, To deviate from table values and… Let's see… And… I guess the suspension would be for 3 days of days served, and… Advance of 10 days? Is that what we… So, 3 days served and 10 days advance? Member Carr will second that motion. All those in favor, say aye. Member Roberts, no.

[75:00] Amber Carr High. Ricky and I. Member Hagerty, aye. Okay. Motion passes. Oh, there you are. I'm so sorry. And if the board will just put a motion for what date to start that suspension? Again, open to, working with our community member here, but does the 22nd also… Just that's our standard offering date, is the following Monday. I think 22nd through the 24th will work. And I believe, if there was a motion to go the 22nd, 23rd, and 24th for the suspension of the liquor license, that would be appropriate and workable on our end. Okay, I will make a motion to accept the days of the 22nd, 23rd, and 24th. Is there a second? Member Carr will make a second. All those in favor say aye. Member Roberts, aye.

[76:03] Member Car Aye? Your crane eye. Member Heggerty, aye. Okay. Okay, great. So… -Oh, you mean. Sorry. As we mentioned earlier, the suspension posters will be ready tomorrow. You will receive an email letting you know when they are ready and with instructions. Since the suspension starts on the 22nd, they must be posted by midnight on Sunday, and then the suspension will go from there. Great, fantastic. Thank you. And just as a reminder, I want to make sure the licensee understands that they can still continue to serve food and non-alcoholic beverages, they don't have to close down completely, they just can't serve alcoholic beverages. Okay, thank you. Thank you, appreciate that. Thank you. Alright, we will move right along to Agenda Item 6.

[77:01] And thank you to our board members. Thank you. Now we'll go ahead and move along to Agenda Item 6. It's a continuation of public hearing and consideration of an application filed on March 7th, 2025, from ADOS LLC, doing business as ADOS, 1143 13th Street, Unit 101 in Boulder, Colorado, 80302, Jose Edo Salguera, 100% owner and registered manager, with a premises mailing address for a renewal of a hotel restaurant-type liquor license, and I would like to hand it over to Roberto, as he spoke earlier, that he would like to speak on this. Yeah, thank you for that, Sarah. And do we have, sarah, can we get you back on? Sorry. Do we have anybody from, that establishment online? I'm not seeing anyone, but if you are here to speak on ADOS, please raise your hand.

[78:08] And do we know if we have anybody for the number 7, item number 7, online? Yes, we do. Okay. Alright, so, and we might invite them… the board might want to invite them, on… In a few minutes. So, as a way of background, your rules of procedure Talk about the situation that we find ourselves in, and that is, Two licensees who are in the renewal process, who, on more than one occasion, have had to get a continuance, although they're not the ones asking for it, because they're not even picking up the posters, but they're essentially asking for a continuance of their hearing. And, and… it's not happening just once. It's happening on more than one occasion, so that's where you find yourselves.

[79:04] Section 8-1-8 contemplates, this situation, and that is one of two situations. Either, if the licensee requests the continuance of the hearing date, or, if a late application, set for a renewal hearing cannot be processed. Before the expiration of the license, then you may order that the licensee not sell alcohol beyond the expiration date, until a determination has been made on the renewal. In both of these situations, you have licensees who are beyond their license expiration date. One, I'm gonna pull it up here… All those, as I understand it, expired in April. Riverside expired in July.

[80:01] So we have two businesses operating without going through the renewal process. They're still selling alcohol, simply because they have not picked up their posters. So, at this point, you can… you can talk amongst yourselves. If you want to hear from one of them. It sounds like one of the business owners is here from, maybe from… from number 7. from Riverside, but you may want to discuss how you want to go forward, and that is to say, just continue granting continuances, in perpetuity. Or, deciding whether, nope, they're just not going to be allowed to serve alcohol, or if you want to show… set up a show cause, and I know we have our prosecutor here, if you want to set a time, for a show cause, you can certainly do that. So you have some options.

[81:10] Okay, can I just make sure that I understand this? So they needed to renew their license, and then they didn't. Right. And then… Well, they didn't pick up their posters. What is the poster… So, that's… Every… can you explain to me. Sure, Sarah, can you take it from here, from the licensing perspective? Definitely. So, for both renewals for ADOS and for Riverside, they were continued. Well, excuse me. AIDOS was continued from the last BLA because they did not pick up their poster. A poster of public notice is required, so for ADOs, that is why they were continued to this BLA hearing. They again did not pick up their poster. They were emailed the same as everyone is emailed, with reminders, things like that. Same with also their attendance is required to be here, and no one is here. For Riverside, Mr. Mosier spoke before the BLA at the last hearing.

[82:15] That he misunderstood what the hearing was regarding, and then for this hearing, he did not pick up his poster. He did email me. Several days ago, much after the deadline had passed. And what is the poster? I guess I'm just having… I'm just not… It's a statutory requirement. It's a statutory requirement for public notice. Of a renewal, license renewal. Of a public hearing for the renewal, yes. And it's a public hearing because he missed the deadline. to file. It's a public hearing because it's a renewal hearing. Right, I'm saying we're having this renewal hearing rather than it being done administratively because he missed the renewal deadline.

[83:01] And that's what set this up. For Riverside, yes. And for ADOS, that I am not positive, but I believe also because they had not included documentation that was required after a certain period, after a certain amount of requests from licensing staff. Okay. Yes, Ms. Darrow. That's correct. Sarah's correct about that. Ados has an incomplete packet. For their renewal, we have been requesting documents from them for months, and have not been able to get them. So then they're essentially doing business as usual without the proper license, without a license. In Colorado, as long as you submit your renewal timely, you are allowed to continue to serve alcohol until that renewal is completed and your license is renewed. And this section of the BLA procedures gives you an option, for when an applicant is not, Continuing to follow through with the requirements of that renewal.

[84:02] Is it safe to say that, in this case, the renewal maybe this applies to one or both, is expired at some point? Like, Or, like… The license… license is expired, however, under Colorado law, they can continue to serve because they timely filed. So we… we… we do allow them to continue to purchase from their distributors, to continue to serve alcohol. I believe that it's after… I think it's 6 months after your expiration. If you have not filed for renewal, then you have to file a new license. For a new license, you're considered final expired. So it's kind of… kind of an odd duck. So, at what point would the state of Colorado say, you have to stop selling Liquor, because you're not…

[85:00] can… although you've filed to renew, you haven't actually renewed. Like, you haven't actually followed all of the steps to renew. That is a great question, Chair Roberts, and I don't have an answer for that, because I did have an application that went 9 months past its expiration date. And they were late on… this is not one that's before you tonight, but they had not filed all of their taxes with the state of Colorado, and when I asked the state what they would like me to do, they just told me to hold tight. So I don't… there's nothing in the law that speaks to that. Okay. On a state level, to be clear. Yes. I don't know. why you have options within your own rules and procedures to remedy this situation. In addition to that, and I'm glad that Mr. Arrow brought that up, because as I understand it, either one or both of them may not be compliant with either sales or use tax right now.

[86:06] And that… but that would be a separate issue than not picking up the poster. That is a separate. Neither are in good standing with sales tax at the moment. Okay. Right, which may be a grounds for non-renewal going forward. Excuse me, Looking at 818, don't we have the authority to tell them… to order them to stop serving? Yes, sir, you do. And are there… Are the profiles of their circumstances such that they would fit within the fair discretion in exercising that authority? So, absolutely, the… there's two scenarios that are contemplated. The first is that if the licensee requests the continuance of the hearing date. Now.

[87:02] For purposes of where we are, we're not in a situation where they've actually requested that. It has been requested on their behalf by staff because they didn't come in and do what they were supposed to do. So, that's issue number one. Issue number two is if a late… if it was a late application, but that's not applicable. It's only, the first scenario, if the licensee requests a continuance of the hearing date. Now, this is done… without notice, and an opportunity to be heard. You can always grant a licensee more due process than is required, and that's why, I'm giving you some options. So you can just say tonight, nope, you know what, we're gonna do that. And Chair Roberts can ask me to prepare that for your signature, and we can send it out. Or you can set both of these matters for a show cause hearing.

[88:05] So that they would have to show cause why you're not going to shut down their ability to serve alcohol or to sell alcohol. So I think… I think they're both different, right? Because one of them, we have someone… we have similar… we have some similarities here, right? The similarities are they're both not compliant with, tax, they both have not picked up their posters, but we have one that is much longer, and it's gone since, I believe it was May, so we're… it was April or May, so we're 5-6 months down the line, almost. And then… The other one has… and also, they have no one here representing them, and they haven't responded to us. That one concerns me, because that licensee is just not complying, and it just seems like they're ignoring us. I have a lot of reservations about allowing them to continue to sell alcohol, and also the precedent that sets for other licensees in the city if they decide to choose to ignore, you know, staff and our requests, the things that they're required to do by law.

[89:14] So, for… I believe that is number… item number 6? for, for ADOs, I would make a motion to, Order them to not sell alcoholic beverages, effective immediately. Until they have… be able to bring their renewal into, compliance. I would second that motion, that they need to suspend alcohol sales until they can, respond and come into compliance. Oh, all those in favor say aye. Member Roberts, aye. Remember, car, I… Rick Gray and eye.

[90:01] Amber Haggerty, aye. Okay. And that is for, ADO's Agenda Item 6. Right, Aju's Kitchen Bar. Correct. So then Roberto or Elisa, correct me. If we will be needing to take a poster to them this evening for suspension. No, it'll be done in the same method that we've done other orders, so I will prepare it, for, our chair, Roberts' signature, and then that will be sent, to the… to the licensee. Thank you. Then, unless the board has any other questions, we'll move on to item number 7. Before we move on, just a question about the ever… and this is for Roberto, do we ever attach conditions to that, in terms of…

[91:02] Okay, you're suspending… we're suspending your license… your… Authority to serve, your license to serve. Yeah, totally fair. America, you have to do the following. Yeah. Is that… So, in the rule itself, it comes with The condition, So it is… they're gonna stop selling alcohol beverages until a determination has been reached ruling on the license renewal. So that is the stipulation. Makes sense. Thank you. And for number 7, if you want to invite, the individuals that are representatives of that licensee. Then we'll go ahead and move on to Agenda Item 7. That's the continuation of the public hearing.

[92:07] for an application filed on June 13th, 2025, from the Riverside Group, LTD, Doing business as Riverside, 1724 Broadway Street, Boulder, Colorado. 80302, Richard Mosier, member with 62% ownership, and registered manager, Andres Lubster, member with 22% ownership, and with no other, member over 10%. ownership for a renewal of an entertainment-type liquor license. I would like to remind the board really quickly, in the packet, page 106, there is a summary of a history of this applicant's appearances before the BLA. And if you are here to speak on this matter, please raise your hand. So I can go ahead and promote you. see one person, so I will be promoting that person. Give me one moment.

[93:10] What's what I mean? And Richard Mosier, if you could please turn on your camera? Thank you, sir, and unmute. And I will go ahead and swear you in. If you can… Please state your name, spell your name, and give an address for the record. Richard Moser. M-O-S-E-R. 1724 Broadway, Boulder, Colorado, 80302. And will you be represented by an attorney today? No. And do you anticipate anyone else other than yourself will be testifying today? No. Please raise your hand, and do you swear or affirm that the testimony you are about to give in the matter before the Beverage Licensing Authority is true?

[94:05] Yes. And we do know that the poster has not been posted, so I will not ask you to testify to that. I will hand it over to the board. Great, thank you. Mr. Moser, would you like to… Proceed with explanation. What's going on here? Yes, the, the, poster, I was under the wrong assumption, and it's completely my mistake, Sarah corrected me, that the previous yearing poster was still applicable, so I just left that poster up, and I missed her email. as a reminder, I did search and find it after she pointed out… she did remind me that that needs to be done, so that's 100%… On me, and then, I did upload some documents to the city, up, you know, the permitting up…

[95:06] load site, a week after the last hearing, the certificates of training and… The state forms… And apparently, Sarah said that was not successfully uploaded. I did not realize that, so… That's where I'm at, and then it's news to me that I'm not compliant with tax, because I actually checked, I think early this week, and everything was… Nothing outstanding with the… with, Riverside. So, I don't know what's, what's missing, so I'll find out after today, I guess. So yeah, my, assumption was… faulty. I thought one poster is good, I should've… Check my email more thoroughly.

[96:00] Yes, Mr. I think that we have, somebody from sales tax that can speak to, to the issue of, Of where the… the licensee stands. That would be great. Thank you. Okay, give me one moment while I promote Penelope. Just one moment. We have Penelope Rhodes from the… Tax team? Penelope, you should be able to go ahead and unmute yourself. And turn on your camera if you like.

[97:02] Okay, can you guys hear me now? Yes. So, for… This gentleman… He has more than one business located within the City of Boulder limits. And when checking this, we check all businesses are in good standing. The second business is the one with outstanding items. What is the other business? The other business is a Farm Stand Collective, which is right next door. Okay, and so… And… but Riverside is outstanding with taxes.

[98:04] Better. No, Riverside is under audit at the moment, but their other business is the one that is outstanding with taxes. Okay. Can you explain what that means under audit? Under audit means that there is a auditor, reviewing, Past 3 years of tax history. They go through, they check the business logs. And decide if something should have been taxed that wasn't, something that was overtaxed that shouldn't have been. And at the end of that. Report and audit, that is when You know, they either get… Great, everything's perfect. Oops, you paid too much, here's your money back. Or, there was some stuff missing, you owe this much more.

[99:03] than what you've reported. That's what under audit means. Sure. I… I'm… I'm… yes, Member Carr. I was gonna say, until that audit is completed, they're still in good standing, right? Right. Correct. Okay. But Riverside itself cannot be considered in good standing for the liquor license, because they have a second business That is outstanding. Thank you. Understood. Okay. Okay, thank you. So… I'm a little confused still. So, Riverside is the business before us. But they are in good standing. But Farm Stand Collective is not in good standing? Correct. So he… they would not have received a… in good standing from us at this point.

[100:01] Okay. Okay. Were you gonna say something, Member Carr? I was just looking for clarification. If they are not in good standing with another business, Does that… Establish them as not in good standing for our purposes, too. Correct. Correct. Right. If a business, an establishment is not compliant with taxes. Then, or the owner is thus not complying with taxes that affects the liquor license. So… Educating. Yeah. Can we…

[101:00] Like, there's a few issues here, right? Yes, there are. Go ahead. Well, I was just gonna say, I feel like we need to have a more, kind of, complete hearing around maybe a show cause, with all the things that are missing here. And, generally, just given that this seems to be a concern. Going back to previous years as well. Right. And then there's the whole issue of just not having the correct poster and filing. So, like, everything else aside, Riverside. Although in good tax standing, is not in good… Licensing standing. And it's not in good tax standing overall, because it shares a common ownership, so… Right, right. I was just saying, like, taxes aside, still the poster and following the procedure for proper renewal is… hasn't been followed anyway.

[102:02] Am I understanding that correct? Yeah, that sounds, sounds… Seems like. Yes, Mr. Moser? I just wanted to point out, it's not exactly the same ownership, because that is 100% me. Riverside is not. And then I just went online, because I was surprised that that is indeed not current, and there was an $88 bill that I just paid. thought that was current. I know the August payment is due in a few days. I'm not sure where the 88 came from, whether it was underpayment. I didn't have time to look deeper into it, but I just paid that part so that the farm stand is also up to date. Yeah, I just wanted to point out it's not exactly the same ownership, even though I have majority owner at Riverside, and… Only owner at the stand.

[103:01] It's not exactly the same. So, what… I know you said you just… you thought you had a poster, or you didn't, but I know that you came before us last month. We made it very clear that you needed what you needed to do, so… I guess, I'm confused why… It seemed like you knew what to do. and T. be in touch with the office and get the poster, and… and… and do that, so I guess, could… why… why didn't you? Well, actually, if I recall correctly, we didn't talk about this poster specifically, it was the outstanding documents and clarification what was needed, so I focused on that. And thought I was in good standing and missed Sarah's email. Not good standing, but I… that I… I got what… I did what I needed to do. I missed the poster that, like I said before, that's… that's on me. It was the wrong assumption that…

[104:00] the old poster would suffice. That I posted, you know, before the previous hearing. Picked it up and posted it in the window and kept it up. Okay. I guess perhaps, we should close for deliberation? But I'm confused. Thank you for coming on. Oh, yeah, you have… I'm sorry for the confusion, and… You have a few options, and I know that Member Carr mentioned a show cause. I might suggest that you consider one of two things. I don't know that a show cause is needed, because we actually have Mr. Moser here, who can

[105:01] who can simply request a continuance for… for next month, because that might… might be when you would be doing the show cause anyway. So, you have one of… of a few… options. Number one is to invoke, 8-1-8, and tell him that from here until you make that decision next month, he simply cannot, sell alcohol. And then treat the renewal hearing For consideration under 8-1-9, And we haven't talked about that, but those are grounds for non-renewal. So it'll be up to him To explain to you, so it's almost like a show cause, but we wouldn't have the prosecution filing, show cause paperwork. But it would be up to him to explain to you why none of the grounds for non-renewal apply.

[106:01] So, you have one of a few options. Number one, just order him not to sell. A combination of order him not to sell, and explain that next month will be, the, The renewal hearing, or option 3 is the… just simply setting the renewal hearing. Without the, the order not to sell. And… That's because we can't have the renewal hearing because he hasn't followed all the procedures in order to have that today. Right, so there needs to be, for the community, there needs to be administrative due process, notice, and an opportunity to be heard. Totally. And then at that renewal hearing, so today we are just deciding if we… want to… .

[107:00] Order him not to sell alcohol between now and the hearing. Right, and then at the renewal hearing is when we will take up the taxes and, Reasons for or for not renewing. Right, and what I'll do before that hearing is I'll send all of you the section of the rules and procedures that apply, to the grounds for non-renewal. Great. Okay. Okay. Thank you. Of course. Alright, then… yeah, so let's go ahead and close… for deliberation, or I, mr. Moser, was there any last closing statement before we close for deliberation? You're muted, but I saw you shake your head no. Sorry, I was saying, yes, I'm very clear what's needed, and we'll bring…

[108:00] Whatever your decision is, we'll bring it to the next, hearing. Okay. Thank you. Thank you. Okay, so let's close for deliberation, Let's just decide first, let's not talk about the actual renewal, let's just decide… if we… I… I think we're… if… if we want to suspend alcohol sales. And, do a continuance for renewal for the next hearing, or… Just set a continuance. Does that sound like… Those are the two options, yeah. two options, yes. Okay. Yeah. Thoughts. Yeah, yeah, remember, well, the suspension would be for, like, you know, a month, right?

[109:02] Yes. Or they would not, yeah, not be able to, so that's, like, pretty darn significant, I would say. Yeah. It is, however, thing… go, go ahead, sorry. Yeah, I was gonna say, but, you know, what… does… does what has transpired, you know, this… just this whole process and, I guess, lack of attention to it, for… you know, for lack of a better word, is that… does that warrant, like, essentially a month-long suspension until we can get this figured out? Because it's either, like, a month long or, like, none, right? So those are… those are the kind of the two options. So, yeah, I would… I would… I would be curious on what everyone… what everyone thinks about, you know, has… what's transpired up to this point, is it… does that warrant a month-long suspension? And is… what is, you know, what is that gonna accomplish for us? Is it gonna be…

[110:00] Is that gonna entice Mr. Moser to, like. Have everything ready for next month? So, I… I don't know. I honestly don't know what I'm… what I'm… what way I'm leaning, but… That's significant. I think that that penalty is… yeah. A big one. My, my thoughts on it are that, this has not been… I mean, I'm disappointed that we've had to continue it so long, and I think it's… it's not right that this should have been continued so many times, and definitely it seems like the process is not really being followed clearly. But I don't believe that a month-long suspension is appropriate in this moment. If there was… if we come to next month's meeting, and everything is not A-plus buttoned up, I would 100% support a suspension of sales.

[111:03] But I'm not there. Member Crane, I… I… I was originally thinking. We should suspend now, because of the… What? what the pattern has been, and the need for some consequences to get it done, but I'm persuaded by what I hear. Beautiful. From you, and if… if… It… if Mr. Mosier's listening, I wouldn't expect him to know that If things are not A1 buttoned up, Wow. October 16th that, we're not going to be sympathetic, we're going to be looking right at a suspension, and maybe that's the best way to deal with that. I mean, it's like we have no middle ground that we could do here. So… Yeah, I agree. I'd support that. I guess my question to you all would be, and I'm not saying that I'm not in support of that, I'm just… my question to you all is, but this happened last month.

[112:06] So, like, why is he not here, buttoned up? Why… Right, like, A-plus right now, today. Why are there… he knew he was coming before us again, and there's still outstanding tax issues. And on top of that, we… he's continuing to, sell liquor, but he hasn't violated the contract in the… of… being able to sell. So I am conflicted there, like, why… why are we not having that discussion? We gave him a continuance to take care of these problems. Once, so… I do agree. A month-long suspension is hefty. But it is only a suspension? I'm just conflicted, because I never want to do that to an establishment, you know, in our city, so…

[113:10] Well, I think… I'm thinking about it in terms of the two suspensions that we just did for true violations, right, of code, and how those were only a date of a few days long, and that was a full violation, right? So, I… I, I, I, I don't, at this moment, think that the… the penalty is justified for, you know, a 30-day suspension. that's… that's… that's my view on it for… for administrative proceedings. Like, it's… it's frustrating, it's not positive for staff, it's not good, it's not a good thing, but, you know, that's generally how I feel about it. I… I hear what you're saying, those were… those were violations. I think that this is possibly… They're…

[114:02] Those are different kinds of violations, but they are all violations of Having a liquor license. And I'd almost say that those were… more mistakable. Like, this is a… now becoming a deliberate decision to not be in compliance. by not… reading the emails from the city, and so you… I think about all the staff that has now had to show up to this meeting to… just for this one offense. And, again, because it happened last month, too. So, I do see that the actual serving to underages as a… as an offense that could lead to really bad things happening to our community. I see… The responsibility of handling a liquor license.

[115:00] It's a big responsibility, and this is easy paperwork, so… I'm not… I'm just playing… I'm just trying to, make sure that we've considered An offense is an offense, but… Yeah. You wanna take, like, a poll or something before we, like, make a motion? Is that… I think that's what emotion is. And if it… and that's exactly what a motion is, right? It's a… it's a poll, and if majority… Is in favor, so… These decisions are really hard. Yeah, this is… this is a tough one. Is there a motion that someone would like to make to take a poll?

[116:04] Member Carr will make a motion to continue this until next month. Member Hagerty seconds that motion. Okay, all those in favor, say aye. Member Roberts, aye. Never a car, I… Never a crane, I… Member Haggerty, aye. Okay, Mr. Moser, you have… been gifted a unicorn and given until next month to figure all this out. But I think we made it pretty clear that we need to see everything. In order, and please respond to… R. City of Boulder, staff in a timely manner.

[117:05] Okay, go ahead. So, I'm just gonna go ahead right now and read into record while we have Mr. Mosier and the board. So, the next hearing will be October the 15th, so… That will be the renewal hearing. As I understand it, it's not going to be a show cause, so the poster will need to be… you will receive an email, another reminder, as we send out to everybody. about the poster, and that will be sent to you on the 2nd, and then a reminder email for the reminder email will also be sent on the 3rd. We'll have deadlines of when that poster needs to be picked up and posted. thing else he needs to do by October. And if there's any other documents which you need to submit, That email, that reminder email, will also go out to you, I believe, on the 2nd, and the deadline for that is October 6th. Thank you, Sarah.

[118:00] Thank you. Then we will go ahead and… C. That brings us to agenda item 8, which is matters from City Attorney. Actually, before we get matters, Mr. Mosier, can you please, unmute yourself and, and just acknowledge, that you are on notice? Yeah, so I apologize, I didn't know it was my mute, I thought I was muted. Yeah, thank you, and I acknowledge the A+, on every document, and I'll make a priority of… I wrote the deadlines for the emails down, and get everything done before deadlines, so I'm not up against them. I do appreciate the, the Hail Mary. Thank you, Mr. Measure. And nothing from your city attorney. Great. Thank you. Thank you. So then we will go ahead and move to matters from the licensing clerk. I did have something I wanted to ask the board about, that's regarding the hearing in December. It falls on the 17th, which is the week before Christmas, so I wanted to see if the board wanted to…

[119:15] go ahead with that hearing, or if anyone wanted to skip the December hearing, that would be something that you would need to make a motion for, either way. Well, if you're going forward with it, you don't need to make a motion for it. Just… quick discussion here, I don't… I wouldn't want to hold up people's businesses, and if there's at least a quorum to have it, and some people might be applying, then I would be in favor of holding the December meeting. Of course, if there is… there's no one… in process to where that falls on their date of coming before us, then I would be happy to skip it.

[120:02] I guess is what I'm saying, like… Does that make sense? It almost seems like we should make this… pump this decision until, like, the November meeting. November. Where we stand. Yeah. That's fair. Is that an option, Sarah? Definitely. Okay. Well, that sounds like a topic. And next month, we'll know if there's… Things to present for the board. Perfect. Okay, we do have two neighborhood boundary settings, so the first one is Chow Love LLC, doing business as More So, which is at 6274 South Broadway, Boulder, Colorado, 80305 for a new hotel and restaurant type liquor license. Let me just share my screen one moment while I pull up the suggested boundaries. So if everybody can see that…

[121:01] Let's see… the suggested boundaries are from the Southside Walnut Cafe, which are actually in that same business area, and that is going to be east, the Highway 36 to Moorhead, the west would be city limits, the north would be Dartmouth to Broadway, and south would be city limits. Sorry, you've said… What, what did you say about walnut? So, the boundaries that I pulled were based off of the south side. Oh, based off of. Sorry. I thought you said that. Walnut Cafe that's right in that same shop. Yeah, yeah, yeah, totally, based off of theirs. For some reason, I thought you… said… yeah, I don't know. I mean, I think that that's… Seems reasonable to use the same boundary settings. Member Carr will make a motion to accept those same boundaries. Member Hagerty seconds the motion?

[122:00] Yes. All those in favor say aye. Member Roberts, aye. Remember, Karai. And the crane eye. Never Hagerty Eye. Great. Hasp. Okay, fantastic. So the next boundary setting is for Emily and Logan's Holding, LLC, doing business as Logan's at the Armory, which is 4790 Broadway, Building A, 101, Boulder, Colorado, 80304, for a new beer and wine type liquor license. The closest wasn't too far away, and that suggested boundaries would be from Proto's Pizza. Which was about 4 blocks away. Which would put the suggested boundaries as the west at city limits, north at city limits, south as iris, and the east would be 26th extended… 26th Street Extended.

[123:01] Scroll out a little bit. That seems reasonably close enough. Yeah. Yep. Okay, I'll make a motion to accept those, boundary settings. Remember, Carlos? Drain our sec- second. Not the carcass. All those in favor, say aye. Member Roberts, aye. Nimbrakar High. And we're very high. Remember, Huggerty eye. Great, thank you. So we have no expected administrative processing of liquor transfers for this month. We also have, no breweries, wineries, or distillery requests for local licensing authority input on application for Colorado Liquor Sales Room. We have The liquor license renewals and the special events that were sent to you. And other than that, we do not have any issues to bring up from licensing staff.

[124:02] Okay. Which will bring us to item number 10, which is matters from the Chair and Members of the authority. I don't have any matters, but I'm… I'm curious, the first boundary setting we did, that was for a location that has an establishment in it? No, I'm so sorry, it's the same shopping center. It's the same shopping center. I know, not… no, I'm saying it's 627? A. It's 627A. 627A, maybe that was my confusion. Got it. Cool. Okay. No, not… nothing for me, thank you. Sorry. This was a doozy. Unless anybody has anything else, I would… Ask you? Can you make a motion to adjourn the meeting? Is there a second?

[125:03] May I recall a second. Great. All those in favor say aye. Member Roberts, aye. Number car, I… for crani. Member Hagerty, aye. Meeting adjourned at 5.10pm. Thanks, Sarah. Thank you all. Have a lovely evening. You too. Bye. Hi, everyone. Bye-bye. Thanks, everybody.