November 19, 2025 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] No. Thank you. We are now recording. Great. Paer, you can go ahead and call the meeting to order. This is a public notice from the City of Boulder Beverage Licensing Authority hearing, Wednesday, November 19th, 2025, 3 p.m. This is a virtual hearing. I will pass it back to Sarah for… Rules of Decorum. Great, give me one moment to share my screen here. Okay.

[1:01] Sorry, I'm just having a small technical difficulty. Give me one moment here. 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 members, as well as democracy for people of all ages, identities, lived experiences, and political perspectives. For more information about this vision and the community engagement processes, please visit Boulder, Colorado. gov services. The City will enforce the following of the revised excuse me, of 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 officers to leave the meeting or refrain from addressing the board.

[2:14] 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, and other speech and behavior that disrupts or otherwise impedes the meeting will not be tolerated. And I'm going to stop sharing now. And if we can now do member roll call. If you will please speak your presence aloud. Member Ginger Barnes? Here. Member Michael Carr?

[3:00] Remember a car present? Member Lansing Crane? Right in prison. Member Brendan Haggerty? Raggerty present? and Chair Leah Roberts. Kara Roberts present. All right, and we will move on to hearing issues from the licensing clerk. I do want to mention that there will be one boundary setting added to the additional… added to the boundary settings that are there already. There was one that I left out of the agenda, that is my apologies, but we don't need a ruling or anything like that on it. Next, we'll move on to… oh, sorry, go ahead. I'm sorry, Sarah. City Attorney Ramirez has requested that we move item, number 10. To item number 7, so that we can make sure that we have all members present for it.

[4:08] Do we need to take a vote on that, or… I don't believe we do. Okay, so we're moving it to, I'm sorry, Agenda Item 1? 7. Fantastic. Thank you. Okay. Then we will go ahead and move to Agenda Item 2 to keep it moving, which is matters from the Boulder Police Department. Officer Leah Reck is here. Officer Leah Reck, do you have anything for us? Good afternoon. I will, I don't have anything unless anyone has questions for me, so we can move the meeting along. Nancy, Russia. Great. Agenda item 3, which is going to be general public comments for future beverage licensing authority hearings. If you are here to give public comment on something that is not part of this agenda, please use the raise your hand function, and I will allow you to unmute in the order of unraised hands.

[5:16] And I apologize, I'm not seeing any raised hands. But I was also reminded that I did miss a valuable portion. We'll wait for raised hands, which I'm not seeing. But I apologize, I did forget that we need to approve last month's minutes, which are the October 15th minutes. My apologies. Has everyone had a chance to review the meetings? And are there any edits? No? Then I would go ahead and make a motion to approve the meeting minutes from October's BLA hearing on the 15th. Is there a second? Never a cargo second. Great. All those in favor say aye. Member Roberts, aye.

[6:01] Member Barnes? Aye. Number car, I. Member Crane and I. Member Hagerty will abstain, because I was not here. Great. Meetings approved. Thank you all, my apologies for that. And I still did not see any hands raised for the general public comment. So I'll try one more time, just because of my mistake, to give anybody time to… Raise your hand again to give public comment for anything that's not on the agenda. Please raise your hand. So nobody is raising their hand, which is… So we will now move on to Agenda Item 4, which is the status report from ADOS, ADOS LLC, doing business as ADOS11 13th Street, Unit 101, Boulder, Colorado, 80302, which is the monthly status report. If anyone is here to speak in this matter, go ahead and please raise your hand now.

[7:13] Mr. Salguerra, I do see you in attendees, but I don't see your hand raised. I'm gonna go ahead and… Thank you. And if you can go ahead and unmute. Sir? And also start your video. Fantastic, there you go. Please go ahead. Oh, I need to swear you in for status reports? I believe, so give me one moment. Okay, I would like to ask if you can please state your name, and spell your last name, and say your home address for the record, please.

[8:01] Jose Adros Alguero, J-O-S, or S-A-L-G-U-E-R-O. And the address, 46 Evergreen Broomfield. And do you swear to affirm that the testimony you're about to give… In the matter before the beverage licensing is true. Yes. Go ahead. Hey. Hey, Mr. Salgaro, how are you doing? I am alright, I am alright. Had to say that I'm… Good, because I'm not. Okay, are you in good standing with the city? As far as I am aware right now, yes, I haven't done the, I did, you know, last time's pay, or taxes, and I did come up for… with, with a payment plan, I think, however, and I think Jose's gonna be there, I am facing gonna… I'm facing eviction.

[9:02] So, it is definitely something that is playing a lot with my mind right now. Sure. it's… yeah, I am not necessarily… I don't wanna… I am just… In a different state of mind, for sure, because… Unfortunately for me. My restaurant over the last 10 years has been my livelihood. The thought of it… Of losing it. It's got, it's got me in a very interesting situation. That I've never been before. So, there's a lot, a lot in my mind, and that's why I said I'm okay, I'm not good. Sure, yeah, business is hard. Have you been responding to the city, if any staff have reached out to you?

[10:04] Jose from Finance reached out, and… I guess because of… you guys got the hold of the eviction, or they did, that, I guess, at some point, they sent something to me to pay whatever is owed immediately. But, again, I was under the impression that we did have that payment plan, and I think he… he said that he was gonna be, also. I guess explaining to you guys, what's going on. Obviously, I want to continue. I am exhausting… any possible leads that I can do in order for… me to work something out with my landlord. Been trying… My heart is to…

[11:03] even change the way I operate. I, moving away from what… I should… should've done… A long time ago, and it was moved away from my dine… my fine dine concept. And kind of become more of a bar… And so far, it's working. And I kind of feel encouraged, and this is one of the reasons why I feel… that I need to… and unfortunately for me, I only have a couple of days left. to figure out something on how to continue, and what would be the best way for me to do. Obviously, if I'm out of business, there's very little I can do. But yeah, I mean, other than that, I've been responding. Thank you.

[12:00] Any questions from the board? Any board members? then… Thank you so much for checking in. We wish you the best. As far as I know, we haven't gotten word of anything. And. And I'm so sorry, Chair Roberts, if I can interrupt for just one moment. I forgot to mention at the very beginning, when I communicated with Sales Tax earlier today, they let me know, that ADOS is not currently in good standing, but I'm not sure if anyone from Tax or from our staff will be speaking on that, so I apologize for that. Oh. Well, I thought that I was… in a way, I was, just because I did make a payment plan that, you know, obviously I would love to fulfill Should I be able to continue? Or, or, if I wind up shutting down a way to settle

[13:05] You know, something in a way. You know, obviously, this is something that… at this moment, it's out of my hands. Unless… a miracle happens, and I managed to sell Some property in the next 2 days. Most… more… more likely than not. So I think Friday's my last day. So… again, you know, I honestly don't know And I'm sorry if I start tearing up, because this is… This is, This is… Aye. I don't know what I'm going to do. anymore. Like, I… I… I don't know how I'm gonna make a living, Aye.

[14:07] I've been self-dependent. Not since coming to Boulder, but… probably longer than that, so over 10 years that I… that I, that I've had this, that I've depended on it. again, unless… yeah, unless I can come up with, with a miracle, like I said, I'm trying to sell some property. And if that doesn't help, then I won't have the needs to… too, too long. To pay up with my landlord, to, you know. Come into checks with you guys, and I'll be out of business. Breaking out, I'm sorry. Sure. Miss Teague.

[15:02] The floor is yours. Thank you. Yes, I apologize for my late, appearance for this. So, I have scheduled with, Mr. Salgaro for a witnessed alcohol inventory and destruction of items that are open and not to be able to be returned tomorrow morning at 9am. I was given the, I instructed him to provide me with the alcohol inventory, at closing last night, which he did at about 5.30 p.m. via email. He told me in previous conversations over the past couple weeks that he did have a, Pre-booked event that was occurring today. And so he had that, and so I then instructed him to provide an updated alcohol inventory to me after closing of tonight to do a compar- comparable from what he submitted to me last night. And then we would go, and anything that was open, of course, would have to be poured out, because he was evicted. He told me that his… he had to be out tomorrow, so it wasn't a Friday.

[16:09] Oh, okay. It's the 21st that I'm supposed to be. I apologize for any misunderstanding. So, tomorrow, technically, I could still be operating… operating. Who… is that a question? I… I don't know. I mean, I'm apologizing because I think there's a misunderstanding with Kristen, where, it's the 21st. That I… that I'm supposed to be out, not tomorrow. Okay, we had made a mutual agreement for tomorrow. at, 9 a.m.

[17:00] Based on the information that I was provided. Do you happen to… would you be able to, send me over your, eviction notice? That had your last date on it? Should be able to, yes. Because we can adjust that, I'm just, a little bit concerned about the alcohol inventory that is there. Beautiful. What would happen if I strike a deal with my landlord and I don't have to get evicted? Well, you had informed me, and I'll look for some guidance here, if needed, from Attorney Ramirez. That you owed quite a significant amount in order to continue to stay open, And that the eviction was in place, and that you had told me on multiple occasions that you, would not be able to make that payment, and in fact were.

[18:08] Talking about jumping on a plane and going back to, el Salvador? All of that has been crossing my mind, yes. So I'm just not quite sure, with the alcohol and furniture fixtures and equipment, but I defer to Mr. Ramirez, who I see just, popped on the screen. Thank you. So, sir, if you can send that notice to Ms. Teague, that would be your final day. If that changes, please immediately contact her With something in writing from the owner. And Kristen, you can reach out to me as soon as he does, and then we can maybe have a three-way conversation about it. I can certainly do that. Thanks.

[19:00] Is there a deadline for him to be able to provide that to me? What'd you think? Well, so right now you're saying it's a close of business on the 21st? Yes. Yeah, so it would have to be right before close of business on the 21st. that I would have to have something from his landlord, correct? Correct, yes, yeah. Thank you for clarifying. Of course. Okay, I think this is a little… Beyond the scope of… Our check-in, and it sounds like You are… things are being taken care of separately, so… At this point, I would… moved to… Let you have your conversation with the city offline, and we'll keep this meeting going.

[20:05] Yeah, I… is there… I… I… I would like your voice. A suggestion to this body. Sure. I mean, and this is because of… What the nature of doing business Up on the hill is… Probably Boulder in general. I think there's a lot of, let me rephrase this. I think, it would be something that… of great help, to a lot of the businesses if… the city… a boulder… maybe through CU,

[21:06] developed and mandate The use of, approved application to scan IDs. It's really hard to do business on the Hill. Because… I feel like The playing fields are not the same. And… If we were… if you guys were to mandate you know how you… how everybody had to do TIP certifications every 3 years? How about develop… develop an application where we pay 50 bucks a year? Each… each person that is on That it's a server, bartender. but that is gonna be able to scan these IDs, because last Friday, Saturday, was my birthday.

[22:02] And I, I was checking IDs as a… I was… I was acting out as a bouncer. I, I got two… two kids that were… I want to say they were not hammered, but they were, you know, visibly intoxicated, trying to come in. And, I identified that their IDs were fake, and I tried to, you know, I tried to take them away, you know, they started telling me how their IDs were right, real, this and that. And… They got in my face. at some point, I did push one kid away. just, like, move, like, you're in my face. And… he started screaming from… to the top of his lungs that I had choked him. Luckily, everything was on video camera, and the police showed up.

[23:00] They wind up giving him a trespassing. And that was the… that was it. They… they told me they couldn't do anything else. And, I feel like that happens to me a lot, where, you know, I don't let someone in And… they can just go off on you. They can… they can threaten you, they… I've been threatened before. last year, I think I've even… we even faced the, an allegation to the investigators, where they… I think they sent like, 3 stung operations at us, and one day I received a phone call from the investigator. She was like, we're dropping this complaint, it doesn't seem like you're… you're doing anything wrong, and I had no idea that I was under investigation. So… because I'm more strict with that. It's a suggestion.

[24:02] I think if you were to… to develop and… and create an app. We live in a world where apps are everywhere. I know the state of Missouri has one that is actually really good, that I use. And it's free. And I think that it would be in everybody's interest to… Think about something like that, because it is really hard to do business up here when you try to do it right. Okay, thank you so much for those words. Ready to go? You are, thank you. Okay, give me just one moment here…

[25:10] Okay, thank you. So we will go ahead and move along to Agenda Item 5, which is a monthly status report, for Riverside. So if you are here to speak in that matter, please go ahead and raise your hand. I do see that I have Richard Mosier here. Give me one moment while I promote you. And while that is happening, let me go ahead… So we are doing the monthly status report for the Riverside Group, which is doing business as Riverside, which is at 1724 Broadway Street, Broadway, Colorado, 80302. I want to let the BLA know that they are in good standing with sales tax.

[26:00] And… Richard Mosier, if I can go ahead and swear you in. If you will please say your name, spell your name, and give your address. Richard Moser, R-I-C-H-R-A-R-D. 1724 Broadway, Boulder, Colorado, 80302. And please raise your hand, and do you swear to affirm that the testimony you're about to give in the matter before the Beverage Licensing Authority is true? Yes. Fantastic. Go right ahead, please. Hi, Mr. Mosner, how are you doing? Okay, just cutting over a… I flew, but I'm over it. Thank you for asking. And it sounds like you are in good standing with the city, and, I don't know if you've had any communication with them, but if anyone's reached out, have you responded in a timely manner? Yeah, I didn't receive any, communication. I reached out, I, wanted to add a manager to the license, because I was traveling to South Africa, that's where I picked up the flu bug on the plane back.

[27:11] In cases like that, where I can't be here for the hearing, I want somebody familiar to be able to take my place. So I'm adding Miranda Glendening as one of our managers here, you know, just to be officially… As a designated manager. I appreciate that, proactive. Miss? Yeah, everything else is good. Yes, Sarah? If I might speak, Richard, you sent that email to me, and I sent you back information on how to do a registered manager change. Yeah, no, I appreciate that, and I just got back and over the flu, so I'm gonna do that. Miranda just stepped out, she was actually here waiting with me. But somebody needed her, so she's not here. I wanted to introduce it to you guys. So yeah, I'll be submitting all that paperwork, and yeah, staff was very responsive, and all good.

[28:06] Perfect. Great. Thank you so much for checking in, and are there any questions or comments from any members from the board? Not seeing any. All right, well, thank you, Mr. Moser, we'll see… Good. Or Miranda next month. Yeah, probably both of us will introduce it then, but the paperwork will be at least submitted by then. Terrific, thank you. Alright, thank you. Please? All right, we will go ahead and move on to Agenda Item 6, which is the show cause hearing concerning an alleged violation and whether the restaurant hotel type liquor license held by Bird Call 20th… 29th Street LLC, doing business as Bird Call at 1675 29th Street, Unit

[29:01] 1284 Boulder, Colorado, 80301 should be suspended or revoked. If you are here to speak in this matter, please raise your hand. And I do want to let the board know, also, there is a signed stipulation that was sent, to you all. I see a few folks in here. Give me one moment while I promote you. Okay, and… Let's see… Sammy, I believe you are the counsel for this matter? That is correct.

[30:00] If you could please record your appearance, and I will get your client sworn in. Absolutely. Samuel Hardin, Colorado Registration 58758, on behalf of Licensee Bird Call. And… Adeline? model in. Adeline, thank you, my apologies. No worries. You could please give your name, spell your first and last name, and the address, please. Sure. My name is Adeline Maya, spelled A-D-E-L-Y-N-E, last name M-A-Y-A, and my address is 1994 West 166th Drive in Broomfield. 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? I do. Thank you. Let's go right ahead.

[31:00] Right, and before, Ms. Maya begins her testimony, I would move for the board to accept the stipulation that's been signed at this time. Absolutely. I would make a motion to approve the stipulation. Is there a second? Crano, not seconded it. Okay, all those in favor of accepting the stipulation, say aye. Member Roberts, aye. Member Barnes, you're on mute. Member Barnes, I… Rakar, aye. Member Crane, I… Remember Hagerty Eye. Great Stipulation approved. But I believe I still need to read this into the… Right, Attorney Ramirez, I still need to read the… procedures into… The record?

[32:03] Unless, her council waives. Oh, that's true. Perfect. Attorney Harden, would you waive the reading of the… Procedures? Yes, we can waive. Okay, great. Alright, then you may begin. Thank you, and thank you to the BLA. I will begin with a brief opening statement before calling Ms. Maya to testify on behalf of the licensee and provide some information which will be helpful to the BLA in determining the penalty appropriate in this matter. You know, as we've heard from, or saw from the stipulation of facts entered into the record, you know, at issue here today is a violation Charge to Bird Call 29th Street for the sale or service to a minor. This is this entity's first and only violation, and arose following a now-terminated employee's clear break from the protocols and policies, the expectations that are set forth by this company for their employees. Now, as you'll hear from the testimony provided by our client representative.

[33:15] today, as well as the mitigating evidence timely submitted for your consideration. previously to the BLA, This licensee is able to thoroughly address the mitigating factors and show that there are no aggravating factors present. And for these reasons and the supporting testimony that will be given today, we will be petitioning the BLA for permission to pay a fine in lieu of serving any active suspension at the appropriate time to do so. We have prepared, and I do have available here with me, the books and records for the previous 90 days of sales for the period prior to the violation, and can share that as helpful in determining the proper penalty.

[34:02] I'd first like to call Ms. Adeline Maya, HR Manager with Bird Call, to testify on behalf of the licensee. Thank you for being here with us today, Ms. Maya. Can you please, tell the board your role with the company? Sure, I'm the HR manager. And have you been with Bird Call, since the time of this violation throughout the, time that this violation has been at issue? Yes. And can you give us a bit of an idea on your role, your day-to-day responsibilities, your interactions with locations such as the Boulder location. Sure, yeah. I mean, HR is a little bit of everything, so mostly just anything that involves people operations, training, onboarding, policy creation, implementation, just collaborating with the operations team to fully support their people needs.

[35:02] And so do you have direct knowledge of the policies, of the business, but also the interactions? Do you have direct interactions with the employees responsible for implementing those policies? Yeah, so I'm the direct contact for anything HR-related, also just making sure that I'm visible to all the team members, so they are aware that I'm the person to contact with any issues that they may be facing, whether it be operational or personal as well. And regarding the business generally, how many locations do you all have in operation in Colorado right now? We have 12 across Colorado. In your experiences with the Boulder location and other locations, you know, when employees are committed to following the policies and procedures in place, has it allowed you all to operate, with… and particularly with the service of alcohol in a safe and compliant manner?

[36:02] Yeah, as you mentioned before, this is our first violation of this nature. And so there have not been any previous violations at this location. Nope. And… As we consider some of the mitigating factors present in this case, the training programs that you all provide, can you tell the board a bit about, those certification courses and, you know, with respect to initially upon hire, as well as ongoing training? Yeah, so initially, I feel like most of our folks kind of come in with their certification already. If they don't. We have them go through an online course, through the CRA to get those certifications. on file as quickly as possible. We also have monthly certifications, so if there are groups of employees that are… have expiring certifications, they can be roped in, make sure that there are no employees that are serving alcohol that do not have those TIP certifications.

[37:08] And just making sure that it's covered in all aspects of training upon orientation. So there's definitely several steps that our team members go through upon hire to make sure that they're fully trained and certified. And can you speak to the certification courses that you offer? Are these standardized recordings, or are they more in line with a live instruction? Yeah, so, a little bit of both. So, we have, a partnership with a training… or a trainer that has a… our quarterly certifications. He is… Hosts these virtual trainings, so it's a little bit easier for our employees to ask questions. Make sure that if there is any confusion around the content of the training, that it's addressed immediately.

[38:03] And then we also have, say, a new hire comes in, and they don't have their certification, and we need to get them trained very quickly, within their first week. We have an online course that we have them go through, and our team is also available for questions. We have very seasoned GMs that are able to help if they have any questions around the training. And you mentioned your GMs, are they also, certified for safe alcohol service? Yes, all of our, all of our GMs are certified. It is a requirement of hire. And then, regarding this Boulder location specifically, why does Birdcall focus so much on ensuring that employees are properly trained and have the resources available to them? Yeah, so I think just the nature of the location, we have a lot of new hires, or employees, I should say, that are, college students, so with that, they're only employed for short periods throughout the year, so it's important that with the turnover rate that we have at our locations.

[39:09] That the training that we provide our employees is… Ongoing, you know, constant… training, constant talking points, because not only our employees are college students, but our… a lot of our guests are as well, so we just want to make sure that it is very clear that our expectations, are to be followed, as well as our policies and procedures as well. And with this location, can you touch on some of the actions that the company took as it relates to, you know, training programs following the violation? Yeah, sure. So, we reissued our, responsible alcohol serving policy internally. We also requested all of our GMs to kind of check in with our team members, make sure that they were aware, of what our policies were. We did an internal audit of all of our certifications to make sure that we were up to date.

[40:11] We also enacted a weekly huddle topic to have, our employees aware of, like. This week, we're gonna focus on, you know, how we can… verify the validity of IDs, make sure we're not accepting damaged IDs, for example. So definitely a lot of… a lot of areas that we focused on after this particular incident. You mentioned some of those policies, you know, I know that we've submitted some written policies as mitigating evidence, but can you touch on where employees are able to find the company's expectations and their responsibilities for their role? Yeah, a few different areas. So, we have it in the handbook, in a few different sections of the handbook. We also have it in the job descriptions that they sign upon hire. Also, we have a weekly… or, sorry.

[41:09] not weekly, a monthly training that our employees go through, just like an internal training platform with, you know, our new menu items, and it's touched upon in those trainings as well, so there's… it's a constant reminder that our team members are going through. And I think you may have mentioned it, but your handbook, it… Discusses, safe alcohol service, is that accurate? Yes, yep. And I believe that… well, I believe this violation at issue arose because of a sale related to someone presenting a vertical ID. Does your policies, written policies, mention how the company policy on vertical IDs? Yeah, so the policy specifically states that it is company policy not to accept vertical IDs.

[42:04] And, you know, when employees follow these guidelines and expectations, have you found, you know, do the policies Effectively allow for safe alcohol service? Yeah, yeah, our employees understand that it's incredibly important to be serving alcohol safely. And… As it relates to the employees in the workplace and some of the supervision at play here, are these employees receiving any additional supervision or information, again, following this violation? Yeah, apart from the items that we touched on earlier, our GMs have just made themselves very available, for the… for our employee base. We've had a lot of employees be curious just because they're aware of the personal implications that they might face if they don't serve alcohol safely.

[43:01] So they've been encouraged to ask questions and just be curious and make sure that they're… if there's any confusion or doubt, that they're reaching out to their superiors to serve alcohol safely. And can you touch on what tools in the workplace employees have, again, to… whether it's verifying an ID or otherwise ensuring that alcohol rules and regulations are being followed? Sure. Apart from all of our training, we have just a state-by-state booklet that provides, a how-to on how to verify. IDs. We also have our internal point-of-sales software that, pings not only the guest that is ordering alcohol, but also the employee that is serving the alcohol to make sure that they are verifying the ID. So our procedure internally is to

[44:04] Ring in the order, click the button, say that they verified the ID, make sure that the date on the screen is accurate on the ID, and then you serve the alcohol. And, you know, now that we've kind of considered some of these policies and procedures, supervision, as it relates to responding to a violation, or otherwise, when an employee strays from these expectations, even if there's no violation present, you know, can you talk about how Bird Call responds, in the context of a violation like this? Yeah, so, I mean, we reissue the policy. I think it's always a good idea to re-review, make sure everyone's aware of what the expectations are. We do make it known that it is an immediate termination due to our policy being very clear, stating that our expectations, that they shouldn't be accepting, you know, vertical IDs, for example.

[45:08] We do have a zero-tolerance policy, so not only will, you know, you be losing your employment, but there's potential that you would face personal repercussions through the city as well. Can you touch on just how the employees at this location have responded to the violation and your trainings and, you know, Bird Call's response to that violation? Yeah, I think they've been very receptive. You know, we've made a few different changes on how we can be even more vigilant on verifying IDs when serving alcohol. They've been very curious, asking a lot of questions, you know, with our weekly check-ins, just making sure that they are aware of the importance of serving alcohol safely. I think it's been received very well.

[46:04] At least from the feedback that we received from the GMs. And then, you know, just to close with an opportunity to touch on some of, you know, Bird Call's community involvement, can you, state to the board how Bird Call remains active in the community, you know, where, some of those interests lie within the Boulder community? Yeah, yeah, so we do have a 1% program just to kind of give back to our community. You know, we've done a ton of different partnerships this year, in Boulder specifically, where we host fundraisers, and 25% of the sales go directly back to those organizations that we're partnering with. So, just to name a few of them, you know, Foothill Elementary School, Northern Colorado Wildlife Center, Solaris Crisis and Human Services. It's a long list, I'll stop there, but, you know, it's very important for us to

[47:03] partner with different organizations and local businesses within Boulder, but outside of Color… or within Colorado as well, Hey, yeah. And is there anything that, you know, we haven't discussed yet, you haven't had an opportunity to testify to, that you would like to take this chance to… State to the authority? No, I think we covered everything. Fantastic. Well, I have no further questions, and thank you for your time, Ms. Maya. Thank you. Great, thank you so much. Are there questions, comments from the authority, or Ms. Maya? I know I have one. You mentioned that in your I guess your ordering service, software that they enter, okay, they want some alcohol, and then it shows a date, and they have to verify. Is that at a standalone unit, or is that something they do with the ID right in front of them?

[48:10] So, the policy… sorry, I thought I was on mute for a second. The policy is that you look at the ID, and you go to the point-of-sales kiosk, and you make sure that it is aligned with the date that pops up on the screen. And then you return the ID and serve the alcohol. So they take the ID with them. Yeah. about, kind of. It's not a very big, serving area, so… Okay. Any other ending? Other questions from the board? Go ahead, Marco. You're first. Okay, alright. Yes, I had one. So, you mentioned that there were no other violations, at this location. Have there been any other, liquor code violations at any other Bird Call locations across the state?

[49:06] Not to my knowledge, no. Thank you. This is Member Crane. I have a connected question. You've got another facility within about, what, a half a mile? Over at, Whole Foods. And employees there… I don't think you serve alcohol there, if I'm not mistaken, but do the employees there ever transfer over and work in on the 29th Street, operation, or are they completely separate? They're… they're most… mostly separate. We try to keep it within the store that they're hired in. Sometimes there's employee support if there's a catering, for example, but nothing that is alcohol-related. We do host a few different caterings for CU Boulder Athletics.

[50:04] Which will, you know, pull in a couple of, team members from that Whole Foods location, but none that support the 29th Street store. In… in store. and alcohol sales. No. Thank you. I've got a question, getting back to, Chair Roberts asked about the… putting the date in the computer, because in this particular situation, the two, customers that were in there, they had their true IDs that showed that they were underage. So how did… if the wait… if the server put the date in the computer, the correct birthdate on the ID that was vertical, how did that not get flagged, I guess. Yeah, so it's not an entry that you entered the date, it populates the date that makes sure that the guest was. Got it. this state.

[51:00] So the server saw that, but just continued on. Okay, thank you. Have you considered, I think we had another… licensee come before us where they have to enter what is on the ID, and then the system either allows it or it doesn't. I think our team, our IT team is considering all aspects on how we can improve this process specifically. I don't know all of the details of what they're considering, but I do think it's a good idea to, you know, let our team know if that's a possibility within our POS. Okay. Any other questions? All right, do you have any closing statements before we deliberate? I can close with a brief statement. Yes, please. Go ahead. I would just like to further reiterate that, you know, Bird Call has been operating in Boulder, and as Member Crane pointed out, at multiple locations now, without issue, being able to give back to the community and support the residents and the students with a place to have a meal, have a…

[52:15] find a job and, you know, really support that community that they live in. And a suspension imposed would… Negatively impact this community, given the, you know, fundraisers and… initiatives that Bird Call has in place. And so, you know, as I'm sure the BLA is aware, you know, businesses in Boulder and across the state are strained right now, and I think that, while Bird Call's alcohol sales are a low portion of net sales, having an opportunity, you know, patrons enjoy having the opportunity to have a drink if they bring their family for a meal and losing out on all of that revenue just further, further hurts Bird Call and ultimately the Boulder community as a whole.

[53:01] So I think that given the mitigating factors and lack of aggravating factors. present in this case and the testimony that we heard from Ms. Maya, I believe that the record set forth today establishes a reasonable operator who's committed to the safe service of alcohol in your community. Thank you. Great, thank you so much. And at this time, then we will close for deliberation. So… comments? Discussion? Motion? I, I do really appreciate all of the mitigating factors that they spoke about. I was a little concerned because I didn't really see them in the packet, but I think the community involvement is… is important.

[54:02] I… appreciate that they reissued the alcohol policy, that they're making their GMs more, available, that they're doing weekly huddle topics. I think they're coming up with some really creative ways to constantly remind people, especially since shh, she said that it's kind of a high turnover establishment with college kids, and so I appreciate that they support the jobs for college kids as well. It's a little… you know, obviously it's upsetting that that vertical ID with their stops and checks was still passed through, so it doesn't really even sound like human error, just human negligence. Anybody else?

[55:00] I, I agree. I was just gonna say, like, I, you know, reading through the policy very clearly, it should have been, hey, this is a vertical ID, I don't even care if you are 21, I can't accept this. And, I was glad to see that in their policy, they were very clear about it, and that they're going to be reinforcing this. So I… you know, obviously it is the liquor licensee who's responsible, ultimately, but I do see it as… this falls upon the human who is operating the bar. Yep. Yeah. And it is their first offense, so I think that was, spoken about a couple times, and for all their bird calls on the location, so I think that was… that speaks volumes to me, that they've done a great job, and one employee made a My mistake, you want to stop that, and… Do we want to discuss the fact that we know they're going to ask for a fine in lieu of? And, I am open to hearing what

[56:04] That, I know in past years, we've been… a little bit different leaning, but I've been listening to our community since really taking this seat, and I hear that maybe some of the first violations, It's… It is… Not supporting the community to necessarily, suspend. the license? I don't know. I'm… I just wanted to let you guys know I'm… I'm open for discussion and consideration of that. Curious what you guys think. I agree, I agree. I'm open to listen to what… what… They have to say about the amount they're willing to… to pay. Yeah, Member Haggerty, I would… yeah, I'm certainly open to it. You know, we've certainly… I've heard of a lot, kind of similar circumstances where we've, you know, done a suspension. So…

[57:11] I think, you know, if moving forward, if a find is something we'd want to consider, I think we'll… we'll maybe receive some feedback on, you know, why did you not do that for me? But also if this is… if it's a new day, a new precedent we can set, like, that's… yeah, that's certainly up to us. I think it is… worth considering, you know, first-time offense, a lot of great mitigation… mitigating factors, you know, the… you know, the time and effort, you know, Ms. Mai obviously, you know, had a lot of great information there, and they're really kind of focused on that. repeating this. And that's, I think, really the, you know, the goal of, you know, anything that we hand out is, like, to not have it repeated. So,

[58:00] you know, if a fine does that, just as much as the suspension, I think that's something for us to consider. But I think it's gonna be a big step if we take that. Because, I think we need to be prepared to, Yeah. Maybe, you know, continue with that path if that's what we choose to take. Right, right. I think that… I wouldn't necessarily bring that up in all cases. This one felt like maybe an appropriate time to discuss it, and I also want to always be open to listening to the community, and not just do stuff because that's how it's been done. I think that that's… not a great way to send messages to the community either, and I think our… Role is to be supportive of our licensee holders. Or, license holders. Member Crane? I, I… I'm sympathetic to the…

[59:04] that possible policy with first offenders. And I think the… I think this community is a tough community to do business in. We're all in agreement on that. There's no great insight there, but it's… it is, and this is a… this is a complicated area. People who are trying to do it, and it turns out to be a first offense, and… They've… they've followed most of the rules and regulations and training and so on. I… I… I think there's… I think there's a lot to be said to, Punishing them with, with a fine rather than a suspension. One of the thoughts that comes to my mind is, I think… I think the owners and operators, managers, have to have the… prerogative to decide what to do with the employee who has not followed the rules within their organization. And I… I note in this case, they terminated the employee.

[60:12] One that we had very recently, they decided not to do that, and to emphasize their training, and so on and so forth. I would not want us to have an implication that somehow we were… we were supporting firing the employee versus trying to retain them and redirect them and train them. It's the first offense that gets my attention, and the economic impact. A suspension is, I think, a very substantial penalty. And it should be, but it is… it has… it has substantial consequences, not only to the… the economic consequences, but the reputational consequences. So I'm sympathetic to it. Just to clarify, I am not saying we should have a blanket in…

[61:03] finding love for every first offense. I just want to be clear. I think that BirdCall, I think they came with some really great mitigating factors, and as far as their internal policy to let this person go. I think that I respect their internal policy decision, and I agree, I think, in some cases. it's not appropriate to let someone go, and I don't know. this was negligence to me, so I can see their point of view. I just want to make sure that I'm not saying my blanket statement. Case by case. Remember, Car, I think you were gonna say something? Yeah, yeah. My concern with starting off with a fine in lieu of is that… it… it doesn't really, to me, signal that we are serious about first offenses. And a first offense is…

[62:07] is… should be where it ends. And so… My view on it is that, unless it's a very specific circumstance, and I can remember one specific time where we've done a fine in lieu of, where it would have caused significant you know, challenges to the business, and to some parties and things that they had booked around the holiday time, and it seemed like there was no, really, alternative. I am open to a fine in lieu of, but I believe for most offenses, that there should be a suspension, as, you know, as well as that public notice, saying that this, you know, facility has violated the liquid code and the rules that are set out here. I think it's good for the community to be aware of those things, and I, you know, I also… I understand that precedent isn't necessarily the reason why we should continue to do things, but I do believe we've had a strong reason to do that and to maintain that for the, what, 3 to 4 years I've been on the authority here. And,

[63:10] you know, I am open to being flexible on the amount of suspension days, but I would not support a fine in lieu of for a first offense, except for very specific circumstances. Sure. I think you make a really good point. I mean… It also, by having a suspension, signals to the other, maybe, college students that this business, that, like. you know, the serious… the city takes this serious, and so I… I agree with that. There's a posting, it's a whole thing to make the community aware that this is not okay. Yeah, that's interesting. And to your point, if, you know, students or patrons, you know, like going to a place, right, they… if they see that they're not able to consume alcohol, like, they may be more proactive in saying, hey, you know what? I'm not going to bring my underage friends in here or suggest they come here, because I really enjoy coming to this place, and I don't want them to lose their license in the future, right? Right. A fine is something that's a little more behind the scenes, people don't know what happened,

[64:14] Yeah. Sure. Yeah? This is my least favorite part of this role. Hi, Attorney Ramirez. Hi, Chair Roberts. You know, one thing that, that you haven't discussed, that you could discuss, you certainly don't have to, but it's a combination between the two, and that is to have a high number of days, but all of them held in abeyance. And a fine. So that it… it promotes the… if we cross the line, this is gonna be huge. But without having to actually… have that suspension, but also have the fine. Again, just something for you to consider. I'm not saying one way or another, all I'm saying is that you can both be right if you want to have that conversation.

[65:10] And then, with that, interesting alternative, is there still a sign or a posting that goes up? Let me do some quick research as you guys deliberate. Okay, thanks. That's interesting. An interesting thought that he brought up, that's… Alright. Well, any other discussion while we get that answer? And Member Carr, how do you feel about that? Kind of… I don't know how I feel, so… I'm… I… you know… I can understand, I can understand it, and I like it, but I… In my opinion, it's still something that should be held for… You know, specific circumstances.

[66:05] Member Haggerty, were you gonna say something? Yeah, I… I kind of am leaning towards Member Carr and his kind of reasoning behind the… What a suspension signifies. I do kind of… I'm intrigued kind of by that idea, but. again, like, as Member Carr said, you know, the first offense is… is… is… that's the last one, right? And that's… yeah. It does also signal to the other employees, like. Something around, whereas, like. To Member Carr's point, employees wouldn't know if a fine took place behind closed doors. You… So… May I propose a potential middle ground, or should we wait until we hear back for rules of procedure? I think… we… Have to make a, I don't…

[67:06] I think we have to make a motion. Or hearing it. Before… So typically, yes, you would make a motion, sorry, Leah Roberts, yes, typically you would make a motion, and then… there would be a request for a fee. Right. Right, I don't think the fee has actually… I… because in your opening statement, you said you were going to possibly request this, that's why I brought it up, because I knew it was going to be a big discussion with the group. Roberto had answers for us. There are no posters posted for days held in abeyance. Got it. Thank you. So, Attorney Harden, I guess, I don't… Sounds like we have to make a motion, and then based on that motion, we'll have to, you know, they can make a suggestion.

[68:06] For the penalty, right. Okay, so… Okay, so the… the first… Motion is that we… well, I don't know, do you have a motion, Member Carr? Anybody? I can make a motion, but… Yeah, I'll make a motion, To, suspend the license for, 2 days served, with, 8 days in abeyance. Member Hagerty will second that motion. And at this time, pursuant to the rules of procedure, I'd like to raise the authority's acceptance of a fine in lieu of suspension, just to preserve.

[69:02] And… Attorney Hardin, did you say that there was something else that you wanted to introduce as well, or… I believe that I can propose a middle ground that addresses the concerns of the board, And so if… I'm free to do so at that time, I'm more than happy to. unless Attorney Ramirez says we can't, Can we… can we hear that? Yeah, it… So here's the only problem, procedurally. So there's been a motion and a second. We didn't go. It needs to be either a discussion or a vote on that. And then the form of reconsideration, which is the request, can be heard. Okay. So, Member Carr made a motion for, two days served, and 8 days in abeyance. Member Haggerty seconded that motion. All those in favor say aye.

[70:02] Member Roberts, no? Member Barnes? Aye. Member Carr, aye. Member Crane, you're muted. Very nice. Member Hagerty, aye. Okay, and so now we could hear something to consider, or because it passed majority. No, you can still, at this point, open it up, For that purpose. I'm… Curious? I'd like to hear… A middle ground that maybe we hadn't thought of? Absolutely, and I think that, you know, it pulls from many other jurisdictions in the area and how they do things, as well as hearing the concerns of this authority. And so, what I'd like to propose, and I'm happy to share my screen if you'd like verification on the numbers, but, you know, based on the numbers, we would meet, I believe, the minimum threshold fine. We're willing to increase that fine to show the seriousness that we

[71:18] understand the violation. Pay… you know, $500 fine, which again, is standard in the other jurisdictions, but is more than double the minimum fine set forth by Boulder. In addition, to address the notice posting, you know, making the community aware of the issue, we are willing to post public notices regarding the violation and, you know, suspension days to be held in abeyance on property for several days, whether it's the two days, or an increased amount of time. But we are willing to post to ease those concerns that have been shared by some of the members here today, as well as pay more than the minimum fine. And I think that, you know, there was mention of specific circumstances where this could be a valid decision. I think that the

[72:11] You know, substantial mitigating factors, lack of aggregating factors in this case, make that Those specific circumstances present here today. Great. Thank you. I guess we'll close for a quick deliberation again. Did, Did that sway anybody? I gotta say, I didn't think that fine was very much, so that doesn't really sway me. I mean, it doesn't… I'm in the same boat, like, I feel like $500 is nothing. It's nothing. So that actually sways me more into URLs. We're open for an increased fine as well, I'm just trying to discuss that there is a… There can be a middle ground here, my apologies. That's okay, thank you. No, it's… It's fine. Then… I suppose let's… take another… Vote.

[73:11] Another motion? Do you want to… I don't want to make another motion, but if you'd like to make one, yeah. Can we use that one? Or do we have to make another motion? Because that passed. Can we go with that? Yeah, it's only if you wish to reconsider based on emotion. And if you do not, then the motion that passed stands. I'm good with keeping the motion that passed. And if anyone else has a motion, let's… Yeah. up there, yeah. Okay, then, Although, it wasn't exactly what you asked for, generally it is a 5-day suspension, and we've brought it down to 2.

[74:03] And, thank you so much for your explanation and your mitigating circumstances, and thank you. We do need to have a date set for when the suspension is to begin, and that needs to be a motion. Generally, we, do the Monday following this… Meeting? So it'd be next Monday and Tuesday, the… What is that, the 20… 24th and 25th. Thank you, yeah. Does that… If you have something huge planned that day. We can work with you. Otherwise, does that sound okay? I believe that should be fine. If there's any conflict, I'll reach out. Okay. Okay, so I would make a motion for the suspension to begin on Monday the 24th.

[75:02] And, for 2 days. Is there something? If I get that motion. All those in favor say aye. Member Roberts, aye. Remember Barnes? Aye. Remember, car, I… Green eye. I'm a Haggerty guy. Okay. Ms. Riggs will give you directions. Yeah, so the posters will be made tomorrow. You will be emailed directions on when they are ready to pick up, how they are to be picked up, where on your property to post them, when, and all of that. So expect that email to be going out probably afternoon tomorrow, but again, wait for that email, with further instructions on what to do, where to get your posters, and how to post them. Thank you. Thank you. While I get everyone situated here, and then we will be, moving to Agenda Item 10.

[76:06] As we talked about in the beginning. One moment, please. Okay, I think everyone is where they need to be. So, Agenda Item 10, is items from the authority, and it is the public hearing regarding suspension of BLA Rules of Procedure 3-6. I believe everyone who needs to speak about this has the ability to go ahead and speak, so I will go ahead and turn it over. Great, thank you. Attorney Keller, are you ready to proceed? I am Chair Roberts.

[77:01] fixed. Okay. But I'm reading something first, I believe? Is that correct? And it looks like Attorney Ramirez has his hand raised as well. Oh, yes. Hi, everyone. I just… I want to make the, the authority aware As you listen to this evidence, you are going to be, asked to determine one of two things, and that is whether there are reasonable grounds to believe That the licensee has been guilty of a deliberate and willful violation of any law. or… And that's under your own rules 10-3-1, or under your rules 10-3-2, whether there are reasonable grounds to believe That the public health, Safety, or welfare.

[78:00] requires emergency action. So those are the two things that I want you to be listening for as you consider this evidence. And I'll turn it back over to Chair Roberts. Great, thank you so much. This summary, or… This summary suspension hearing is being called against Am I muted? No. DDS Liquor and Food Mart, the allegations are as follows. On October 3rd, 2025, up to and including October 4th, 2025, the licensee did unlawfully permit the sale Serving, giving to, procuring of any alcohol beverage to persons who are under 21 years old. This is against the pursuant to… this is against the pursuant to state laws CRS… 44-3-9016AI and municipal law, BRC573. It is further alleged that the licensee did allow violations of CCR203-2, Reg…

[79:19] 47-900A, conduct of establishment… Conduct of Establishment between October 1, 2024 and October 31, 2025. In that licensee failed to conduct premises in a decent, orderly, and respectful… respectable manner. Furthermore, the licensee permitted rowdiness, undue noise, disturbances, and activity. offensive to the senses of the average citizen. Pursuant to the BLA rules of procedure, this hearing is conducted without notice to DDS. Section 10-3 explains that BLA may summarily suspend for a period of up to 15 days

[80:05] Any license without prior notice to the licensee. Because this hearing is being conducted without notice, we will only hear from one side, the city's witness or witnesses. Is the city ready to proceed? The City is ready, Chair Roberts. Great, thank you. Please proceed. Alright, thank you. The City would like to call Officer Leah Reck to testify. None. And then, does Officer Reck need to be sworn in before she begins? I'm not sure, but I can certainly go ahead… yes, she does. Give me one moment, please. Would you go ahead and raise your… or, excuse me, Officer Reck, would you go ahead and say your name, spell your name, and give your address, please?

[81:01] Minus a second. address. My name is Officer Leah Reck, L-E-A-H-R-E-C-H, and the address of my employment, is that what you want, Sarah? Yes, please. It's 1805 33rd Street, Boulder, Colorado, 80301. And 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? I do. Thank you, Ms. Riggs. Alright, Officer Reck, you've already stated your name for the record. Can you tell us where you work? I work for the Boulder Police Department. And how long have you worked for the Boulder Police Department? Over 24 years. And can you tell us about your job duties at the Boulder Police Department? So right now, I am assigned as the alcohol enforcement officer, enforcing liquor, rules and regulations throughout the city, responding to calls and concerns for service.

[82:00] Regarding allegations of alcohol. Right. And are you familiar with DDS Liquor and Food Mart? Yes, I am. And just generally, how are you familiar with them? I'm familiar with them from calls, for service, as well as my time as an alcohol enforcement officer. Alright. And where is DDS Liquor and Food Mart located? They're located at 4481 Broadway, And that's in the city and county of Boulder, the state of Colorado. Wonderful, thank you, Officer Reck. How did you first become aware of potential issues at DDS Liquor and Food Mart? I was contacted on, October… I'm trying to remember this date here… October 6th, from a detective sergeant that a report had been taken by one of our patrol officers on October 6th, or I'm sorry, October 5th, with some concerns from a parent.

[83:01] Who had viewed some videos on a social media site, TikTok, that involved some high school age. Kids that… that that individual recognized. And Officer Reck, just in case anyone on the board isn't aware, what is TikTok? TikTok is a social media platform where people can post videos Between, like, 15 seconds and 3 minutes, just any kind of videos, it seems like. And sometimes they're open to the public, sometimes they're private. And how did you know the videos reported were associated with DDS Liquor and Food Mart? I recognized… so once I got the site of, and read the report and saw this site, I watched the videos, which are public-facing, and recognized that the liquor store where the videos were recorded was DVS Liquor and Marked. And what is the TikTok account associated with DDS Liquor?

[84:02] So the TikTok account is at Jaget, and that's J-A-G-A-T dot, and then I… I want to make sure I pronounce this correctly, Nairula, and that's N-I-R-A-U-L-A. And is Jagatna Roulette, is that a person? Yes, it is. Who is Jagat Narula? He is an employee of DVS Liquor and Mart. Can you describe to the BLA the kinds of videos you've seen on Jagat Narula's TikTok account? The videos, I observed about 16 videos dating back to August, and they, depicted students, what appeared to be underage individuals dancing in them. Some of them were holding alcohol, some of them were just dancing. Officer Reck, I'm gonna share my screen, and I'm gonna show you what the city has marked as Exhibits 1 through 4. Give me just a second.

[85:25] Just from the still image, do you recognize this exhibit? Yes, I do. I'm never thinking… Can I go up. And from the still image, do you recognize this exhibit? Yes, I do.

[86:12] Right, and do you recognize Exhibit 3, Officer Reck? Yes, I do. And… Finally… Do you recognize this exhibit? Yes. And just from the still images, I've shared What are these exhibits? Those are some of the videos that are posted on that social media account of Jaguzz. Okay. And how do you know? Those are, I guess, videos that… when you click on the images and you view the videos, they are of his… on his account. And to your knowledge, have these exhibits been altered or manipulated in any way?

[87:04] They appeared to be what I saw when I originally saw the videos. Alright. To the board, we're gonna move for admission of exhibits 1 through 4. Do I accept that? Oh, we accept that. Thank you. Thank you, and we're gonna ask for permission to publish and play the videos as well. Yes, please publish and play the videos. Right, thank you. What do you mean? Just a second. Are you able to see my screen? Officer Reck, are you able to… Yeah. Perfect, thank you. I don't find me to see. Hurdy caught a bad keyword that does not mean shit to me, that's what I'll see what you want from me. AR, then I'm too, to me. Walking around with me, you see I'm hot on fire, need to be. What that does not need shit.

[88:26] That was Exhibit 1. I'm now going to pull up and play Exhibit 2. Cheap. Officer Rock, are you able to see my screen? Yes, I am. Beautiful. So, because I'm a threat. I don't have to make it look sexy. I test my like I'm Nelly. I'm done with him. Like I'm petty.

[89:02] It was Exhibit 2. Officer Reck, are you able to see my screen? Yes, I am. I'm now playing Exhibit 3.

[90:13] That was Exhibit 3. Finally, I'm sharing my screen for Exhibit 4. Officer Reck, are you able to view Exhibit 4? My name. Yes. Excellent.

[91:34] Officer Reck, can you describe the videos we've just seen for the BLA? Those are the, videos are the ones that I… I mean, just a few of the many that I… observed what I felt were underage, as well as that had been identified by the reporting party that there were underage individuals in those videos dancing with alcohol, some without alcohol, but just very concerning.

[92:02] Have you actually been able to identify any of the individuals in these videos? Most of them, yes. And how have you gone about identifying them? Some of the videos, as you… as we watched the video, you could see there was some tagging going on, and by tagging, it'll say, like, at, and then the name, and if you click on the name, it would bring up the profile of the person that was tagged, and so I was able to get some names from that way. But mostly, I worked in conjunction with Boulder High School, since it appeared that A couple of the videos were in conjunction with some of the activities, homecoming activities. And their, school safety advocate was helped… helped me identify who Several of those students were… or those individuals were. Alright, thank you. I'm gonna go exhibit by exhibit, if you could tell us about some of the underage identifications you've made.

[93:08] So, Officer Reck, I'm now showing you what was previously marked as Exhibit 1. Could you tell us about some of the identifications you've made in this video? And let me clarify, do you want names or just ages? We don't have to do names, just ages is fine. Okay, so all of the individuals in this video were 17 at the time the video was, taken. One of them has since turned 18, but the rest of them are all still 17 years old. And this was on the night of homecoming. As you can tell, they were kind of dressed up, so… And that was on October 4th of 2025 this year. And you identified them using the school resource officer at, Boulder High School? The school safety advocate.

[94:00] Yeah. Okay. Thank you. And now I'm showing you what was previously marked as Exhibit 2. Have you identified any of the individuals in this video? Yes, all 3 of them. And how old were these individuals? One of the girls is 16, and the other two are 17. And how did you identify these girls? That was… safety advocate as well.

[95:00] I'm showing you what's previously been marked as Exhibit 3. Have you identified any of the individuals from this video? I have individual, excuse me, I have identified, or has been identified for me, the individual, he's the male wearing the sunglasses who was holding the, bottle of, alcohol. And how old was this individual? He is 17. And how old, excuse me, how did you identify him? He was identified through his, soccer jersey. We learned that it was from a private soccer, league here in Boulder, and then I reached out to the school safety advocate, who was able to confirm the name that popped up when we, pulled up that soccer league.

[96:02] And I'm showing you what's been previously marked as Exhibit 4. Have you been able to identify any of the individuals in this video? The individual in the piece below, we have identified him. And how old is that individual? He is 17. And how did you identify him? He, actually also had, his name was tagged, and so I was able to confirm his identity through the school safety advocate. Of all of the identifications you've made of individuals holding alcohol in these videos, has a single one of them been over the age of 21? No. Officer Reck, does DDS have surveillance cameras inside the establishment? Yes, they do. And how do you know? From a previous contact there, from a call for service, when speaking with the manager, he was able to tell me that they had video surveillance, and that the video was kept for up to 2 weeks.

[97:13] Have you been able to view any of the surveillance videos during your investigation? Yes. And what have you observed on surveillance video? I was able to observe, the surveillance video of, Exhibit 1 and Exhibit 2, were within the time frame that they still had surveillance video, and I've been able to go screen by screen, Second by second, practically, and just watch all the interactions, When the, students, how they paid for it, how they approached the calendar, etc. I'm gonna share my screen with you. on what has been marked as Exhibit 5.

[98:00] Are you able to see my screen, Officer Reck? Yes. Great, and just from the still image, do you recognize Exhibit 5? Yes. What is it? It is the surveillance, camera right by the cash register. So this is DDS's surveillance camera. This is footage from them, and I just want to make sure I add that officer, or I'm sorry, investigator Alex Fraver is the one who actually responded up to the location to obtain this video, so I wanted to make sure that I mentioned that as well. Thank you. And… how do you know that this is the video that was taken inside DDS Liquor? I've been in DBS before, and, I… Once you play the video, you'll see, Many individuals that we have identified. This being in the book here. And to your knowledge, has this video been altered or manipulated in any way?

[99:00] No, not since I've seen it, no. Alright, we're gonna move for admission of Exhibit 5. You may publish and proceed. Thank you, Chair Roberts. Nope. I'm ready. Oh, you ready? Perfect. No. Okay, 489?

[100:09] Thank you. Jill and Woody are acting together. Imagine. Or regular. Yeah, it's fine. I'm a regular, I don't need much. I didn't need your ID, but I'm a regular son. Alright, the shot was… Thank you, sir. Do you have a bottle, sir? I have one. No opening the next door. Yeah, yeah. That's the problem. Had to keep it clean, yeah? Yeah. Got a shame, got it. Yeah, you make TikTok?

[101:06] Thank you. Thank you, brother. Thank you, have a good one. Definitely. Why? Bye. Officer Reck, can you describe the video we've just seen? Oh… Hi, Chair Roberts, ms. Keller moved for the admission of this exhibit. But you did not roll on that motion. Oh! So what you said on the record was that she could publish it, but you didn't say that it was admitted. Yes, it is admitted. Thank you. Wonderful, thank you. Officer Reck, can you please describe the video we've just seen to the BLA?

[102:02] Absolutely. So that is the video that was taken on the night of Homecoming, which, was October 5th. It was on a Saturday. And if you, as I said, I had the capabilities to be able to slow that video down and watch it step by step. So the first individual walks up. He asked for an ID, which he's presented with a horizontal ID, which we know that that is more than likely a fraudulent ID, since he's been identified as under 21. The ID is scanned, and it's handed back fairly quickly. It didn't look like there was a lot going on there for comparison. He paid for the… his alcohol. And he stepped aside. while that's going on, there's the four others, I'm sorry, the three others. The next one comes up. He said, do you need my ID? And, that is the owner. He's been identified as Dinesh, the owner, and Shretza is his last name, that's who the employee was. He said, I don't need your ID, you're a regular, or something along the lines of, you're a regular, and that's when the guy in the pink shirt said, did you hear that? I'm a regular, son. So he never presented an ID, and he paid for his alcohol. Not only his alcohol, but then if you watch the video, there was a kid in a black

[103:18] Polo, who had walked up and set a beer on the counter. And he then went up and stood by the guy in the pink. He was never asked for an ID, even though he had set a beer on the counter. The guy in the pink polo pays for the alcohol without showing an ID. The guy in the black polo picks up his beer, the guy in the pink polo picks up his, and then they walk away. Then the fourth person walks up. He is also asked for an ID, which, if you slow that video way down, you can see he's… when he hands over, he hands over a horizontal ID, which is also indicative that it was likely a fraudulent ID, or in possession of another. The ID is scanned and quickly handed back to, that individual, who then collects his,

[104:01] two beers, and he, exits the, the… Screen. Great, thank you, Officer Reck. And have you been able to identify the ages of the individuals in this video? Yes. When the video was, taken during that time, they were all 17 years old. However, since then, one of them has turned 18. Thank you. Of the identifications you've made in exhibits 1 through 4, have you been able to determine where these individuals go to school? Yes, they go to Boulder High School. Did any of the underage purchasers go to a different… a different school? Not from the videos, that we have seen so far. Okay. Officer Reck, have any Boulder Police Department officers analyzed CAD data for DDS Liquor and Food Mart?

[105:04] Yes, they have. And for the board, what is CAD data? CAD data is the data that, it's called Computer Aid Dispatch, Aid Dispatch, and CAD is just a term that we use to shorten it up, that's an acronym, and CAD data is all the calls for service that have come in to a specific location, so we can look up An address, and we can determine how many calls and what types of calls have come in to that location. And which officer analyzed the CAD data for this case? That was Officer David. Pretty neat. And are you familiar with Officer Davik's work on this case? Yes, she did the analyzing those videos for me. How many calls for service were directly associated with DDS Liquor between October 1st, 2024 and October 31st, 2025?

[106:01] So the calls that were actually directly related to the establishment, there were 51 calls for service that were directly related. And when you say 51, what kinds of calls for service are these? So, the calls for service, that I observed, or that she mentioned, were calls such as trespassing, pedestrian contacts, harassment calls, suspicious vehicles, officer-initiated contacts, fights, DUIs, medical calls, disturbances, alarms, burglaries. Were there any calls for service that you investigated prior to October 1st, 2024? Yes. Can you share what those calls were for the BLA? So I had a, an officer since December 31st of last year, is, This is the call that I investigated. Happened on December 31st of 2024. A parent had called in and, noted that they observed 6

[107:03] alcohol, or 6 transactions on her daughter's, bank account for DBS, liquor and Mart. And her daughter, also was, the reason why she was calling is her daughter, her 16-year-old daughter, was in the hospital, and she had a blood alcohol of .261, I believe, was what her blood alcohol was. Actually, I'm sorry.291, and she had also tried to take her own life. So she was at the hospital on… on a mental health hold, as well as she had to do… she needed to sober up and… and the wounds taken care of. And Officer Reck, are you familiar with the incident that generated Report 25-195? Yes, I am. How are you familiar with this incident? So I reviewed this report. It was, written by Officer Harper, and it happened on January 7th of 2025, where he was up in the parking lot. Our officers do a lot of extra patrols in that area, just because of the calls for service that we have there.

[108:14] And he noted a vehicle in the parking lot. When they observed the officer, the vehicle took off out of the parking lot with no lights on. nearly striking vehicles into oncoming tra… oncoming traffic, with no headlights. The officer pulled that vehicle over, and it was a 17-year-old Driver with an 18-year-old passenger, and the driver was extremely intoxicated, and they had an open container, which he noted was a A 1.75 liter of, Buzzvol that they had been consuming while in the parking lot. And just for clarity of the record, what date did this incident occur? The date that the DUI occurred was January 7th of 2025.

[109:06] So, Officer Reck, overall, do you have concerns about DDS Liquor? I have, I have a lot of concerns, and not only do I have concerns, but the officers, my sergeants, my command staff have all come to me with concerns over the past it's been over… well over a year since I've been in this position. We've received a lot of complaints from community members about, the calls for… that have generated the calls for service there. And they also… it's the volume of calls and the nature of calls that have been generated from that location. Residents have repeatedly reported issues involving loitering that's been going on around the establishment. And around near the business that have been creating disturbances, the disturbances of the intoxicated people who are fighting in the parking lots.

[110:03] And… and the citizens are just very, very concerned for the health and the well-being of the community around that area. We've also received, in searching that CAD data, we've also received a lot of reports from parents who have either personally observed transactions on their son or daughter's bank account, or have been told by their high school-age kids that that's the place to go to buy alcohol, is you can, easily get alcohol there. The other concern that I have is back on February 26th, I believe it was, I had a conversation with Ro, who is the owner's son, who's a manager there, and I explained to him my concerns about them selling to the underage girl, which was the call that resulted in her being hospitalized. Because she was there with her underage friends. And he assured me that they would not sell to, you know, anybody who appeared under 21. We went over it several times.

[111:08] I told him, please call us if you have any concerns that the individuals are under the age of 21. Call us and let us make that decision, even if they present an ID that shows that they are 21 years or older. He told me he understood that, The other concern that I have is I noted that all the IDs, he doesn't… he has not turned in any, so I took a stack of IDs that were confirmed fraudulent, that I cleared through CCIC, which is a computer loose database, and took them up there, and all of them stand valid. And so that is a concern of mine, too, that his scanner, that's the only thing that they're relying on. And that, again, that would make sense why all the IDs of the underage kids, and why the word is out that that's the establishment to go to, because it's… the ID scanner is not… is not accurate, and it is scanning all IDs.

[112:04] And let's… let me make sure that I've hit everything, Yeah, so I, as I said, just based upon all this information, all the calls for service, the concerns not only to the residents in the area, but my concerns of how young these students are, and the health and welfare, I… Just very worried about this establishment and the risk, the safety risks, the health and welfare and safety of The residents, the students, police officers, etc. Well, thank you, Officer Reck. I have nothing further. Right, and the city has no additional witnesses, so we'll rest at this time. Great, thank you so much.

[113:00] Does any members of the authority have… Oh, yes, oh. Nope, I was just going to remind you that you can open it up for questions of Officer Reck by members of the authority. Thank you. Thank you. Yes, does anyone have questions for Officer Reck? I have a question, about the ID scanner, so just what we were just talking about, so… you had a stack of fake IDs, and you used their scanner, and it passed. Were you able to use that same stack of IDs in another scanner to see them fail? Yes. Okay. Yeah, sorry, I didn't mean to cut you off. Go ahead with your question. No, that was my question, just to see if there was, like, a comparison, and so, do we think that they're using, like, a faulty scanner, or… Does it appear that they're using a scanner that maybe is not… Working.

[114:02] For the IDs that I took up there were actually IDs that have been turned in to me from other liquor license establishments as fraudulent. We verify that they are not, like, an in possession of another, which means it's a valid ID. It's a fraudulent ID. Got it. And the other, No, I forgot what… I was going to mention, something else that we brought up, but yeah, so we confirmed that they… they failed the scanner at another establishment, and then were then turned into us, and those are the IDs that I used to… Thank you. accept that. Thank you. I have a quick question, have… Any officers perform compliance checks on this establishment at all? Yes, that's a good question. I have… I have conducted compliance checks there, which is what was so frustrating for me as an alcohol enforcement officer, is that they're passing their compliance checks. But I want you to keep in mind, when I do a compliance check, we either use

[115:04] the vertical ID or no ID, and it's one person or two people that go in, to check to see. So it's never a crowd of people, it's just one or two, and they have passed those compliance checks. And that… and the reason I start not… And the reason why I've had them go up and do that is because of these concerns from the community But again, that's not… that wasn't the, obviously, the issue of which these videos then reiterated. What our issues really are. So, just to clarify, how many… roughly, how many checks, compliance checks have been… have been done? Since I, have been Mail Victor Enforcement Officer, which is actually two, two years as of this month, I've done 3 there so far, and they've passed them. Interesting. Okay. Officer Rick, has, has your team,

[116:02] done any, surveillance on the facility to, you know, identify, you know, this is, like, a consistent basis? You know, additionally, I know you had a lot of calls for service, but has there been anything additional that you all have done to, you know, confirm or Use outside sources to determine if there are, you know, other miners going in and out of there, and maybe the frequency of this is happening. As for, surveillance, we… I have not done any… I… I did do some myself, after we got this report. I did go up with another officer, and we hung out there, for a while to see, but I do think that the word might have been out that, we were gonna start, You know, investigating that establishment, And so I think that that might have slid. On a similar note, have any of the minors that you identified, have they… have you spoken with them or their parents, to, you know, sort of see what has happened, or maybe where they got the fraudulent IDs, or anything of that nature?

[117:08] As of right now, I have 8 of them, that I have tickets that I'm going to issue. I have one student left to issue the ticket to, and I have not, The parents, a couple of them have retained attorneys, and then the other ones just aren't really interested in Having their own… Son or daughter talked to them. And also, just to, you know, on that note, have you been able to obtain the fraudulent IDs? Of any of the students? Yes. No, they… I have a feeling those are probably gone. Okay. But yeah, I have asked if they had him, if they would be willing to bring him in, but… I did, in some of the charges, though, I was able to charge, or I went ahead and charged the fraudulent ID prohibited, just because I could see on the video that a horizontal ID was presented.

[118:05] Thank you. Any other questions for Officer Rugg? Alright, then… We will now deliberate to determine if the city has proven, by a preponderance of evidence, that it is more likely than not that the licensee Has violated the law. Thank you again, Officer Rack. Okay. So, it's important that we each state whether or not we believe the city has proven

[119:00] A violation and shown us enough evidence. And then, if you do believe that, it's important for you to say why. For the record. Does anybody want to go? Good morning, everybody. I can… Oh, go ahead. Well, it's fine if you wanted to go. But… Go first, I was giving someone… Based on what I've heard today, there are a few things, that do cause me to believe that, they're… I believe it's a violation of, 10-3-1 and 10-3-2, actually both of them. You know, based on the video evidence that I saw today,

[120:00] you know, I saw what appeared to be clearly minors with, fraudulent IDs, and as, you know, Officer Reck testified, they are minors, in fact, purchasing alcohol, So, you know, I do see that, occurring. I'm also… concern that there's, you know, a lot of public health and safety challenges there, given the significant amount of calls for service that have occurred there. And also that there's, you know, video evidence of minors, in a place that sells alcohol. There's a lot of… Risk there, especially taking videos with, you know, an adult, and who knows? you know, what could happen in the presence of alcohol? It's extremely concerning for me to see, this is occurring in our community. Thank you.

[121:03] I agree with Member Carr, I think that the City proved both of those, 10-3-1 and 10-3-2. I do also agree this is a public health and safety concern, With parents reaching out, even to the police and to the establishment, and it's, Very concerning to the safety of our, high school community, and our children in the community, that they would be Allowed to consume alcohol at such a young… age, and on a night where they're out driving. That… that's wild. Yeah, Member Hagerty, I'm in agreement with both Chair Robertson and Member Carr. Especially, you know, the 51 calls for service is pretty alarming in and of itself. I think the videos kind of speak for themselves.

[122:05] you know, I'm curious how they pass the compliance checks, honestly. That's really… it's interesting, but I think the video kind of evidence speaks for itself. And I think… to Chair Roberts' point on just the kind of the, you know, the threat to the community, the high school community specifically, You know, getting calls from parents that this is the, kind of, the designated go-to spot for high schoolers, And we've seen, yeah, we've… we heard about the, just the, the, you know, that one high school that had to go to the hospital, and the DUI. Yeah, I think there's that… the city did prove, beyond a reasonable doubt that this does create, A public health,

[123:00] yeah, a public health situation that I think, yeah, we certainly need to figure out a way to address. So this is Member Crane, and I agree with everything that I've heard so far. Damn. for me, and I know we need… need a record here. I do find that it's more probable than not that both the 10-31 and 10-32 have been violated. I… I do this in the expectation that there's going to be a subsequent hearing. That, we have the right to proceed. Without any other party at this point, but that we've got an obligation to follow up. And so some… anything that needs to be tested can be tested now. of particular note to me, in terms of the evidence, I think the evidence is

[124:05] quite substantial. But of particular note to me is the fact that the Our officer took fraudulent licenses IDs, and tested their system with them, and… they, quote, passed, close quote. That suggests a level of an intentionality by the facility that I think is an important factor. The other thing that makes a large difference to me is that Our officer took the… Effort to identify the students in a… in a… In a professional way, so that we have the confidence that… that they are, in fact, purchasing alcohol. She saw them on tape. She confirmed it with the, high school. Public safety officer to get the identities correct.

[125:04] So that there's a validation that, in fact, they were underage, even if they're Pickies were, showing, on the system that they were… That they were valid and above age. So those factors, to me, tell me that there's more than adequate information to believe that it's more probable than not, that there's an intentional violation of these statutes, and the scale of it is sufficient to I think get us over the hump of doing something unilateral, where the other party does not have notice or an opportunity at this point to Respond, knowing that they will later, if they wish to. So… That's my long-winded way of saying that I agree with you all, and I support the motion. It's about the findings. Thank you. Member Barnes, I agree with everything that's been said. And my one big concern, especially, is a group mentality that you see in the videos, and that's very concerning to me, that it's, it's a known place to go to buy alcohol, it seems like, and that, to me, is,

[126:12] that is very, frightening for me as a… as a member of the community. I'm having kids, and it's just… it's just, it's definitely a violation of the 10… 10-3-1 and 10-3-2 in my, My mind, so… Great, thank you so much, to all the members. Then I would move to summarily suspend DDS's license, For 15 days, because the city has met its burden. I second them. I don't say any questions. Don't think that's a motion. Yep. Okay. But… be… Is that a motion, Attorney Ramirez?

[127:01] Or do we need to have a motion to, fine that they violated? Yes, and because both of them are independent, you'll need to do two rounds of voting. So, the first round of voting, under the first part, and then the second part. Okay. So, I would make a motion… To find that the city has, Met its burden and proven its case. Or 10-3-1. I think it's… yeah, or… So… Yes. Correct. Nation-1. They've met the burden, and have… Proven its case.

[128:01] So I think… so what we're doing is voting on… If the city met its burden. And then we'll do a motion to… Suspend the license. So there'll be two motions. Yes, Member Crane? Bye. Bummer. a week. The burden is… Determining reasonable grounds to believe. And finds that, is that… is that our standard, Attorney Ramirez, reasonable to grounds to believe? Yes, that is correct, and you are basically using a preponderance standard, but yes, if you believe that there are reasonable grounds to believe that this occurred. Then yes. So we're not… we're not doing it to a higher standard than… Correct. Wonderance of the evidence. Correct. It is not higher than preponderance, no.

[129:01] Okay. Thank you. I can… I can do that again. I will make a motion… to… I won't. I'm making a motion that the city has Matt, it's… Preponderance of evidence and proven its case. Is there a second? Did I say that wrong? Member Crane Second. You have to include the subsection. Oh. Okay. Do you want to start again? No, I will make a motion that the city has Proven their case, bound a reasonable doubt, covering 10-3-1. Wrong, shall I say it again?

[130:02] Oh, okay. Number 12, second. All those in favor, say hi. All those in favor, say aye. Member Roberts, aye. Member Barnes, aye. Great eye. Remember Carr? Remember Hagerty? Anybody? Member Carr, aye. Yep. Member Haggerty, aye. Great. Then, that motion has passed, that, the city has met its burden. The next motion will be… I'm not sure. So, your next motion is the next subsection. 10-3-2. Correct. Okay, yes. I'll make a motion for 10-3-2 with reason to believe that public health and safety is… evident.

[131:11] Can we have any seconds that motion? All those in member… all those in favor say aye. Member Roberts, aye. For Burns, aye. Remember Karai? Under Crane I… Member Hegarty, aye. Great. So, motion passed that we believe that this is a public health and safety issue. Because we have… Okay, so now I would… move to summarily suspend the DDS license. Is that a motion as well? It is a motion, and you have to select the number of days not to exceed 15 days. Not to exceed 15 days, and we're gonna have to set a special hearing

[132:00] In order to provide due process to DDS. And that can't happen at the next BLA meeting, that has to be within 2 weeks or something. So it has to be within those 15 days if you choose to go as far out as 15 days. But we have to provide 10 days notice, so it's a very short window. We're looking at either December 3rd or December 4th. And you can choose what time, because this would be outside of your normal time, you certainly don't have to start at 3, you can start at 5, you can start at 5.30. Okay. But first, the first part is determining the length of the suspension. Okay. Do we want to deliberate on that? I'll… I would make a motion to suspend the license for 15 days Because the city has met its burden, and I believe this is a…

[133:03] A real public safety concern, and that will give us time to hold the special hearing. Member Byrne seconds that? All those in favor, say aye. Member Roberts, aye. Member Burns? Aye. Remember car I? Have a crane eye. Member Hagerty, I… Great. So, license is immediately suspended. And… Let's look at, at our calendars, so the 3rd or the 4th. of December, I can… I can do either. How does that 15-day count go? When does it start, and when does it end? It's effective immediately, and Attorney Ramirez said we need to basically do it on the 3rd or the 4th, because we have to give them a certain amount of notice, and.

[134:05] I got that. I'm just wondering if the suspension 15 days is… extends to the 4th. Would we have our hearing within the suspension, or would the suspension be over by the time we have our hearing? We've got… It's tough getting it done before that. The third… Is the third within the 15 days, so that he'd be suspended when… Right, the third is… scary. 15 days, and the fourth is 15 days. Alright, well that's… the third. Got it. I don't play the third. Could we… Yeah, yeah, 3rd works for me, like, later, like, 5 o'clock start time, or 3, or… I… I would need a little bit later. Yes. Yeah. Oh, 5 p.m? We do 5? Yeah.

[135:05] Okay. I mean, we… Okay. I guess, do we have a question for… Officer Reck, in terms of, witnesses, ability to… Be at a hearing on that day and at that time? Hello? I am available either of those days. Okay, well, there you go. Okay, thank you. And I guess that works with the city attorney office as well? Yes, that works for me, thank you. Thank you. Okay, then I would make, I don't know, a motion to hold this special hearing, at 5 p.m. on Wednesday, December 3rd.

[136:00] You don't actually have to hold a… have a motion for that. Take it back. As long as everyone's in agreement, and that answer's from Roberto, not from me. Correct. So, what I will do, Chair Roberts, is send you a draft Of the order, that you can review. The posting will be done this evening, so we'll have staff actually go to the establishment, with the posters. Okay. Thank you. Okay, this matter is now closed. Let's see, so… We will be popping back over to a… Agenda Item 7. Which is going to be public consideration for an application filed on September 24th of 2025 from Scratch Labs LLC, doing business, as Scratch Labs Cafe.

[137:05] at 1245 Alpine Avenue, Boulder, Colorado, 80304. Scratch Labs LLC, 100% owner, with Elaine Lim, 47% owner of Scratch Labs LLC, and Ian McGregor, CEO and 15% owner of Scratch Labs LLC, with a premises business mailing address for a change of location of a hotel-restaurant type liquor license. I see one attendee has their hand raised. Give me one moment, please, to get you promoted. I have two. Give me one moment, please. I have 3… Okay. So, Ms. Vecchio, I believe you will be counsel in this matter, is that correct?

[138:01] Yes, good afternoon. Or good evening. And then my client, Mark Siebert, is online as well. Good evening. and I can get your client sorted? Oh, sorry if I didn't say that. Oh, you're just very quiet. Oh, okay, sorry, sorry about that. Ms. Vecchio, if you wouldn't mind, going ahead and, please record your appearance and I'll get your client sworn in? Absolutely. My name is Veronica Vecchi, I'm an attorney with Clark Hill, bar number 37225, and I'm here this evening representing Scratch Labs Cafe for its, application to change its location. for its current hotel, and restaurant liquor license, moving from 1600 Pearl Street to 1245 Alpine Avenue. Okay, thank you. And a Mark, and it looks like I have a Laura as well.

[139:05] Yes, Ms. Lund is from, Alcohol Petitioning Services to discuss the survey. Okay, fantastic. Let's get you both sworn in at the same time. Mark, if you will go ahead and say your name, first name, and last name, and spell your name, please. Yeah, first name is Mark, last name Siebert, spelled S-I-E-B-E-R-T. Thank you. And your address as well, please? 1152 Steel Street in Denver, Colorado, 802206. Thank you, and if you would 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? Yes. And Laura, if you like, we can go ahead and get you sworn in now, or when you're ready. Absolutely. Nope, this is great. Or if you would please say your name and spell your name and give your address, please? Sure, my name is Laura Lunn, L-A-U-R-A-L-U-N-N, and I am at 2032 Overland Drive, Johnstown, Colorado 80534.

[140:08] Thank you, and if you would 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? I do. Great. Thank you so much. Great. And, Attorney Vecchio, would you be okay with, Waiving the readings of the procedures? Yes, that's fine. Okay, great. And to the rest of the board, are there any, has there been any ex parte communication or, conflicts of interest with this establishment. Member Roberts? No. Member Barnes, no. Remember Cardinal. Never quite known. Member Hagerty, no.

[141:00] Okay, great. Then, if you are ready to proceed, please go ahead. Thank you. I'll start with Mr. Siebert, and he's already been sworn in, so, we'll just do a brief, set of background, questions, and then we'll get into, kind of, the details of our application. Mr. Siebert, how old are you? 45 years old. And do you personally consume alcoholic beverages? Yes. Could you provide a brief educational background for the panel? Yeah, I graduated from Stanford University with a BA in History in 2002. And, following graduation, what did you do? Yeah, after, after college, I worked, 5 years in banking and finance, at Merrill Lynch, and then after that, you know, realized that that was not aligned with my sort of passions or hobbies, and, pivoted to work in the outdoor industry, at an outdoor retailer in,

[142:05] in the Bay Area, Colorado… of California. For about 5 years, and then, about 10 years ago. My family moved to Colorado, and I had been exposed to Scratch Labs, the CPG, or Consumer Products, consumer packaged goods company, and, yeah, got connected with them to, to, to work here. And so, how long have you been working at Scratch Labs? 9 years. And what is your position? Current position is the Vice President of Customer Experience. And what are your responsibilities in that role? Yeah, so, a lot of stuff. The big ones are I'm on the leadership team here at Scratch Labs to help set the, vision and strategy of the company, and then I manage multiple teams here at Scratch, and one of those teams is our,

[143:06] cafe that we own and operate here in Boulder, Colorado. And what is the overall concept of Scratch Labs, and specifically the cafe? Yeah, so Scratch Labs, the CPG company, we make sports nutrition products for endurance athletes. You can find our products on Amazon, on our own website, scratchlabs.com. Pretty much in every run, bike, and outdoor store, that you go into, also at REI, and Whole Foods, And… you know, the… we also own and operate this, this cafe in… in Boulder that serves as our, flagship store and restaurant, and it's a place where, you know, people can. get a great meal made from scratch, and sort of fuel an adventure or refuel after an adventure that a lot of people, participate in, in, in Boulder, Colorado.

[144:12] And how long has the cafe been operating? 4 years. So we were on Pearl Street, previously, and moved, to Alpine Avenue in the ideal shopping center, in August of this year. And can you speak to the operations at the cafe? In terms of, what the owners intend to do and what they have done? Yeah, so like I said, it's our… it's our restaurant and flagship store. You can purchase all of our, CPG products there. And also, you know, it's a place that… can fuel an active lifestyle, and a little bit about, sort of, Scratch Lab's history with, with, sort of, food and food service. Our founder, Dr. Alan Lim, he's written 3 cookbooks, to, you know, help people fuel.

[145:07] Their endurance activities with, with real food. And before we owned and operated a restaurant, we operated a food truck, or food trailer that we would take to, you know, endurance events. To serve delicious, food to help, athletes feel and perform better. And how many employees are at Scratch Labs Cafe? We've got 5 full-time, and, you know, depending on the time of year, probably about 8 to 10 part-time. And what are the days and hours of operation? Hours and days, Monday through Thursday, 8 a.m. to 4pm, and then Friday to Sunday, 8 a.m. to 9pm. And why is it that Scratch Labs decided to change locations from Pearl Street to Alpine Avenue?

[146:04] Yeah, if you look at, if you look at data where people are, riding bikes, running, accessing trails, that's really right by this, Alpine Avenue location, more so than, on Pearl Street. And it's very convenient to stop in. Before or after, a big bike training ride or a trail run. In the mountains, in the foothills. And then also, quite honestly, it's just a better landlord, and better lease terms. And who's a typical customer at Scratch Labs Cafe? Yeah, so we get a lot of people from, from the community. I would say it's your typical, Boulder stereotype, Active, you know, someone that rides bikes, runs, hikes, those are our typical customers.

[147:03] And what type of food is offered? It's, it's a great menu. It's all stuff sort of made from scratch, breakfast, lunch, and dinner. I would call it, more in the category of, of health. Conscious food. And what type of drinks are offered currently? Currently have coffee, tea, and then, you know, like, canned sparkling waters, like a spindrift or, things like that. And, when you get your liquor license moved, what type of alcohol do you intend to serve if you're licensed at this new location? Beer and wine. Okay. And when do you anticipate alcohol being served? It would just be… be during business hours, and…

[148:01] Most likely be, lunches and dinners. And what percentage of sales do you estimate will be alcohol? Probably less than 5%. Okay, and the rest being food. Yeah, correct. Food and non-alcoholic beverages, like coffee, teas, those things. And then, does that also include, the Scratch Labs products that are for sale at the store? Correct, yes. And how do you plan on controlling alcohol consumption on the premises? we'll go through, like, our… our… sorry, say that again? So, the question is about control of alcohol on the premises, so keeping alcohol on-site. How do you do that? Yep. Yeah, so we have it stored in a locked, cabinet in the kitchen. And then anything that's behind the counter will be stored, in, in a locked, locked cooler, that can be locked, but has access to, you know, the employees can grab and, and serve to.

[149:14] Customers that are purchasing at the… at the counter. And you have a patio outside? We do, correct. Okay. And then is there a boundary, on the patio to prevent people from just walking off the premises? And do you have signage as well? I'm sorry, do you have signage as well on the patio? Not currently, but, we will put up signs, if we were to get, a license to control, Got it. You would put up a sign that says, no alcohol beyond this point? Correct. Okay, perfect. And, security cameras, do you have any of those on-site? We do, yes, security cameras. Okay. And then do you plan to sell alcohol to go?

[150:00] No. Okay, and can you describe the training that employees will undergo, as it relates to the handling and sale of alcohol? Yeah, so, all the employees will go through A training course with alcohol beverage training, a course that's offered to get them certified. And we have, internal, policies and procedures that, everyone will, adhere to and will be reviewed, periodically to, to reinforce that, state, training that they go through. And, what types of ID will be acceptable, when presented by a customer? Yeah, so we would not… yeah, we would not accept any vertical IDs. Would you accept a passport? No, just, just state IDs.

[151:01] State ID, okay. And what are the consequences that are in place for an employee who violates any of your policies or the law with regard to serving alcohol? Yeah, I would say, we would approach it on a case-by-case basis. If there was something, a violation that was clearly intentional, you know, that would be… that sort of violated or went against our policies and the training that an employee went through. You know, we would… Move to terminate that employee, if it was intentional. Okay, and if it was simply determined to be a mistake or an error, would you consider retraining, your employee? Yeah, I think that's, that's on the table, just depending on, on the circumstances, but, retraining and reinforcing the policies. Okay, and in addition to the training certification through alcohol beverage training services, will you have, like, weekly meetings or monthly meetings, to just refresh

[152:12] your employees on what you're seeing, and just making sure everybody's up to date on, all of their understanding of how to make sure to properly ID someone. Yeah, the team would go through, they do daily and weekly, shift meetings, and that would certainly be, a topic to, to address, periodically to reinforce those, the training that they went through. And also, just reinforcing or redistributing the written policies on alcohol that we have established. And was a poster posted on the premises to notify the public of today's hearing? Yes. And do you know when that happened, when it was posted? It was Thursday, November 6th.

[153:04] Okay. And have you personally seen the poster app? I have, yes. And is it up now today? It was up yesterday. I did not see it today, but I was not there today, so… can't… can't say. To the best of your knowledge, no one took it down. Correct. Okay. At this time, I tender the witness to the panel for follow-up questions. Great, thank you so much. Are there any questions for the witness? I'm not seeing any, I don't… Have any? Okay, you can proceed. Thank you. Thank you, I'll call my next witness, Ms. Laura Lund. Yes. And Ms. Len, who is your current employer? Alcohol Petitioning Services. And what services did you provide Scratch Labs Cafe? We are asked to do a neighborhood survey, for the change of location for a hotel and restaurant liquor license, through the applicant, Scratch Labs Cafe, LLC, doing business as Scratch Labs Cafe, located at 1245 Alpine Avenue, Boulder, Colorado, 80301.

[154:16] Our survey methodology is all circulators are over 18 years of age. Each circulator had a clipboard of the following, a map of the designated area provided by the City of Boulder Liquor Licensing Authority, describing the boundaries of the defined neighborhood. A petition signature page where people contacted could indicate their support or opposition for the license. A tally sheet to record the results of those who did not want to sign. People were shown the petition, the neighborhood map, and were verbally told of the change of location for the hotel and restaurant liquor license being applied for, site location, and applicant name. Each person who signed the petition indicated they were either an owner or manager of a business, or a resident located within the designated area, and were 21 years of age or older. Each signature was freely and voluntarily given, without any influence from the circulators.

[155:04] We were able to have 4 circulators out on Tuesday, October 21st, 2025, and 3 circulators out Thursday, October 23rd, 2025. We were able to go to 423 businesses and or residents. Of which we were able to get 58 signatures. 19 of those signatures were from businesses, 39 of those signatures were from residents. Of those businesses, 18 were in favor, 1 was opposed. Residents, there were 39 that were in favor of. The statistics for those signatures would be 98.3% in favor, in opposition, 1.7. One business manager was opposed to the change of location for the hotel and restaurant liquor license, but they did not provide a reason why. Like I said, we were able to get 423, businesses or residents that we were able to go to. We were able to get 58 signatures for 13.7%. Not at home, there was 312 for 73.8%. Not willing to sign.

[156:01] 39 for 9.2%. There were 8 business owners or managers not available for 1.9%, and there were 6 businesses closed or vacant for 1.4%. For the reasons not willing to be able to sign were no opinion, there were 9 people or businesses that were not able to sign. Because of no opinion, not interested was 17, too busy was 13. For the sum of ratios of signatures to contact attempts, so this is the… this is the big number. Signatures, we were able to, get 19 with 34 attempts. For 55.9% residents, we were able to get 39 signatures with 389%. for 10% for an average of 13.7% of attempts to contact people obtained a signature for the petition. The actual people contact, which means when we were actually able to make contact with a physical person, it was… we had 19 signatures for businesses with 26 contacts for 73.1%. 39 signatures for residents with 64 contacts with 4… 58.9%, or an average of 64.4% of eligible people contacted, provided a signature for the petition.

[157:09] There are zero qualified signatures. There was one signature in opposition to the liquor license, as I mentioned earlier. To show the needs and desires, it is considered whether or not there is for the same license type in the designated area. In my opinion, the signature opposed does not fit the definition of needs and desires. Therefore, you have the following. Signatures in favor of yes is 18 for businesses, residents for 39 for a total of 57, in favor is 100%, and opposition is 0%. And so, based upon all of these statistics, do you believe the needs and desires of the neighborhood would be met with the change of location of this liquor license? Yes, absolutely. Okay, I have no further questions for Ms. Len. I'm tender the witness to the panel for follow-up questions. Great, thank you.

[158:00] So, are you saying that… Out of 423 attempts, only 39 people would stop. sign, I mean, regardless of their… that's a… Is that… So it's pretty low. When… if you look at the summary of ratio, I don't know if you had… do you have the report in front of you? Okay, so if you look at the summary of ratio of signatures to contact attempts, there were 423 attempts, we were able to get 58 signatures for 13.7%. That is… pretty low. We try to do at least 20-25%. Unfortunately, we're getting a lot of people not home nowadays. With COVID not… you're not a lot of people having to work from home anymore. When it comes to actual people contact, that's when it's… we were actually able to contact 90 people with 58 signatures for the 64.4%. Have you considered maybe not serving during business hours, if you're having this trouble?

[159:01] We have thought about that, yes. Typically we try to keep it between, our company tries to do between, so… after kids go to school, just so that you're not there during business time or family time, and then we try to be done by 5 o'clock in the afternoon, just so that families don't want to come home to somebody surveying the neighborhood. We have in the past, if we are asked by a specific, client, we are asked to do weekends or evenings, we will do that, but we typically do do 9 to 4 p.m. Interesting. Okay. Any other questions from the board? I have one. Yep. You had one out of all the people that you surveyed and responded, you had one that said no. Did not support it. And they are the next-door neighbor, Santo. Do you… did you get… they did not give you a reason as to why they opposed it?

[160:03] They did not. That was my coworker who took that opposition. They did not give a reason why, no. And that's… we… typically, if it's going to be right next door to them. I know that she was very adamant of they're going to be serving. It's typically competition. I can't say that that's the reason why they said they were opposed to it, but it typically is because they are… other companies are… other businesses are not okay with the competition. Somebody's gotta go in there. All right, well, thank you. Appreciate it. You're welcome. Okay, any other questions? All right, you may put… you may proceed. Just a brief closing statement. Scratch Lab Cafe's application to change its location of its hotel, and restaurant liquor license is in order.

[161:01] The applicant is an experienced restaurant owner. The neighborhood survey makes clear the needs and desires of the neighborhood would be met by granting this change in location, and we respectfully request an approval of this change of location. Great, thank you so much! At this time, we will close for deliberation. And… Lara, were you wanting to… Sometimes I know you guys like to go. Okay. Okay, any discussion around this? I would jump right in with a motion to approve this new location. They've been very responsible licensee holders. I… don't see a reason not to. So, I make a motion to approve this change of location. I second the motion. Member Crane? Great. All those in favor, say aye. Member Roberts, aye. Remember Burns Eye?

[162:00] Picard? Aye. Way nai. I'm a Hagerty Eye. Great. Application approved. Thank you very much. Thank you. Thank you. to the neighborhood. Yeah. Appreciate it, thanks. I did want to poll the board and see if you all are interested in taking a 5-10 minute recess, or if the board would prefer to power through. We have boundary settings, we have a few more items to go over, but that's the majority of it, is the boundary settings. I'm gonna have trouble after 6, so I'd be in favor of trying to… Yeah, and I think Member Carr has a hard stop. I'm… I'm good with going forward. I was gonna say, I actually have to leave at this point, so… Yeah. Bye. Thanks, everyone. Bye. Thank you, bye. Okay, fantastic. Then we will move on, to Agenda Item 9, which is matters from the licensing clerk. We have no legislative update for November, so we will move forward, with the boundary settings. Give me one moment here, I want to show you my screen, or share my screen, so I can show you which ones we are looking at.

[163:31] Okay, great. I believe that is correct. Actually… Yep, sorry about that, that is correct. So the first, neighborhood boundary setting is going to be for TSR Cucina Inc. doing business as DeGabi Cucina, which is at 39… 70… Broadway, Unit 101 in Boulder, Colorado, 80504, for a beer and wine type liquor license. These are the suggested boundaries, and this was pulled from Lucky's. So to the north, we have Dartmouth, to Broadway, to 27th to Highway 36. To the east, we have Highway 36 to Moorhead Circle Extended.

[164:22] To the south, it would be city limits, and to the west, it would be city limits. I'd make a motion to approve those city limits. There's. paragraphity seconds. The motion? All those in favor, say aye. Member Roberts, aye. Member Burnside? a crane eye. Member Hagerty, aye. Great, boundary setting approved. The next is going to be for Emily and Logan's Holdings, LLC, doing business as Logan's Expresso Cafe, which is at 4790 Broadway, building A101 in Boulder, Colorado, 80304, for a new beer and wine type liquor license. The suggested,

[165:12] The suggested boundaries come from Protos, and they are going to be north, which is the Boulder City limits. East, which is 26th Street Extended, South, which is Iris, and west, which would be Boulder City limits. I would make a motion to approve those boundaries. Member Hagerty seconds the motion. All those in favor, say aye. Member Roberts, aye. Member Burns? Aye. Very nigh. The Haggerty eye. Settings approved. Fantastic. On to the next boundary setting, which is going to be…

[166:01] Whole Foods Market, Rocky Mountain Southwest LP, doing business as Whole Foods Market, which is at 2905 Pearl Street in Boulder, Colorado, 80301. for a permanent modification of premises of a fermented malt beverage and wine retail off-premise type liquor license. We are using Bird Call, as the suggested boundary setting. Well, as the… area for the boundary setting. To the north, it would be Velmont. To the east, it would be Foothills Parkway. To the south, it would be Arapaho, and to the west, it would be 20th Street. Okay, I would make a motion to approve those settings. Remember Hagerty Seconds? All those in favor, say aye. Member Roberts, aye. Reburn's aye. I have a cranoid. Member Haggerty, I…

[167:01] Great. Boundary approved. The one that was added, is going to be the Crepe Shack Boulder LLC, doing business as Crape Therapy Cafe Boulder, which is at 2273 31st Street, Suite 140, Boulder, Colorado, 80301 for a new hotel-restaurant-type liquor license. We are using the restaurant Zeal, to help with the boundaries suggestions. The north would be Valmont Extended, the east would be Foothills Parkway. The south would be Arapahoe, and the west would be 20th Street. I would make a motion to approve those boundaries. Member Hagerty seconds the motion. All those in favor, say aye. Member Roberts, aye. For Burns, aye.

[168:02] of a crane eye. Member Hagerty, I… Boundaries approved. I did want to send… well, I did want to let there be a reminder, to the Board. If there was anything, that the Board wanted to send to City Council for consideration, for the Council's retreat, a letter, anything like that, that is going to be due by December 19th. Oh, and I'm sorry, let me stop sharing my screen. My apologies. I just want to be a little more specific about this letter. Annually, boards and commissions are allowed to send a letter to Council. It needs to be a letter that's written by the authority, agreed on by the authority, with a maximum of up to 2 pages. It generally informs their work plan. So if you had an item that you wanted to bring forward. or have them think about to put on their work plan, that is something that you would put in the letter and then advocate for. It's not a requirement. Not all boards and commissions send one. Some send one some years, some send them

[169:11] in other years, and… and not in some. So, it is due by December 19th, so I feel like the… if you do select that you want to write a letter. Perhaps you put together a group of two people that could draft that letter. Around what you've decided you want to say, and bring that back to the December meeting for approval, so we can send it over to the clerk's office. Great, thank you. Does anyone want to, write a letter and or be on that committee of two. I… Don't know. So… It would be around, like, alcohol policies in the city.

[170:04] Yeah, it would, I mean, it would definitely inform them about any changes, something you would want them to work on that has to do with things that the BLA is concerned with. So, primarily liquor, which in your case is, you know, it's a matter of statewide concern, so the state does a lot of work on that. I think if we had wind of any big legislation, you know, we'd go through the city's legislative committee. We're not hearing a lot, about any big sweeping changes coming there. So I think as the BLA, it's probably a little less likely that you might have something, but I didn't want to not offer it. Great, thank you so much. Of course. If anybody has some afterthoughts, you could reach out to me, And, just keep in mind, it's…

[171:00] No more than two people in communication, and we can… Help arrange that. Okay. Thank you. Thank you, Lisa. Okay, we have expected administrative processing of liquor license transfer applications. We have two. One is CASA Huani. I apologize if I'm saying that incorrectly. LLC, doing business as CASA Juwani. 901 Pearl Street, Unit 100, Boulder, Colorado, 80302. Kelly Jean, 80… excuse me, 50% member and registered manager, Eduardo Ballet Lobo. 50% member for a transfer of a hotel restaurant type liquor license. Then we have the Cafe Club, Cafe Club, LLC doing business as the Cafe Club. at 1320 College Avenue, Boulder, Colorado, 80302 for a transfer of a hotel-restaurant-type liquor license. For the breweries, wineries, distilleries, requests for local licensing authority input on application for Colorado Liquor Sales Room, we have none for this

[172:09] hearing, did send out in the packet the special event liquor license permits and the renewals that were sent. We have already gone over Agenda Item 10, So, unless there is anything else? Matters from the authority, matters from the board. Anything? The question I have is, where are we on the scheduling for the 3rd or the 4th? That's gonna be… I can… I can… Whatever… whatever works, I can do. Let me put it that way. How's that? I believe it was set for the 3rd at 5 o'clock, but Chair Roberts, please correct me if that was… That's my recollection as well. Okay, I didn't catch that. Well, good.

[173:02] I'll be there. Great, thank you. Have a great Thanksgiving, everybody. Anything… else, then I would make a motion to adjourn this meeting. Member Barnes seconds the motion? Great. All those in favor say aye. Member Roberts, aye. Remember Barnes' aye? per grain hunt. Remember how Huggerty eye. Great, meeting adjourned at 5.55. Happy Thanksgiving! Thanks, guys. Hi, everyone. Probably. Thanks. It's hard.