February 18, 2026 — Beverage Licensing Authority Regular Meeting

Transcript

Captions from City of Boulder YouTube recording.

[0:00] Okay, recording has started. Cherry, you may start the meeting. Ayy. Alright, this is a public notice for the City of Boulder Beverage Licensing Authority hearing. Wednesday, February 18th, 2026, at 3pm, and this is a virtual hearing. Thank you so much. I'm gonna start by sharing the rules of decorum here. 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 the vision and the community engagement process, please visit our website. The City will enforce the rules of decorum found in the Boulder Revised Code, including participants are required to sign up to speak using the name they are commonly known by, and individuals must display their whole name before being allowed to speak online. Currently, only audio testimony is permitted online.

[1:11] No attendee shall disrupt, disturb, or otherwise impede the orderly conduct of any meeting in a manner that obstructs the business of the meeting. This also includes failing to obey any lawful order of the presiding officer to leave the meeting. Or refrain from addressing the board. Only one person at a time is allowed to speak unless an accommodation like an interpreter is required. All remarks and testimony shall be limited to matters related to city business. No participant shall make threats or use other forms of intimidation against any person. Obscenity, other epithets based on race, gender, or religion, and other speech and behavior that disrupts or otherwise impedes the meeting will not be tolerated. And I will go ahead and move on to, roll call, if you'll just speak your presence aloud. Member Ginger Barnes? Present. Remember Michael Carr? Present. Ma'am, or Charlie or Roberts?

[2:01] Remember Robert's present? Thank you so much, and Member Crane and Member Hagerty are opposite for today. And I will move on to approval of Beverage Licensing Authority Minutes from January 21st, 2026. Let's see, I don't know… Mike, were you at… member car, were you at that one? You weren't, so I don't think we have a quorum to pass that today. No problem, I'll put it on the agenda for next month. Next we have hearing agenda Issues from Licensing Clerk. I have no issues for you today. So, I'll move on to Agenda Item 2, Matters from Boulder Police Department, and Officer Leah Reck is here. Good afternoon. I just wanted to let you guys know, hopefully you saw it in the packet, we were able to provide some statistics from 2025. Although they're general statistics, it's a start. With this new program, we're trying to upload everything into Axon.

[3:01] And kind of cut it up into… and chunk it into pieces of were the, individuals, you know, where were they served, or where were the DUIs last consuming alcohol, etc. But hopefully this gives you a snapshot of what our alcohol calls for service look like in 2025. I'm very impressed. I had numbers than I would have thought, so… Yeah, they're, and I can let you know the numbers for the fake IDs are still rolling in. I think we're probably getting up closer to the 3,000 range. Yeah, we're working on it. It's a slow process, but we're trying to get some things in place, working with CU, the city attorney's Office, etc, to try to Get some accountability there, but it's a work… it's a work in progress. You guys are doing a great job. I appreciate that. And any other questions? No, thank you so much for putting that together. Absolutely. I did have a question. What is the difference between DUI per SE and DUI?

[4:03] A DUI, is the… just like a regular DUI, a DUI per se, is going to be… Per se. Yeah, per se, is, gonna be over the legal limit. So we have DWAI, which is under the legal limit. For an adult, is a .8, the .08, and then you have a DUI, which is just a .1, and then DUI, per se, is, well over the legal limit. Understood. Wow, that's scary. Yes. And then, what is a substance abuse emergency commitment? Those are our ARC holds, so Addiction Recovery, we used to have the ARC here over by the Boulder County Jail, so ARC holds are alcohol, they could be drug holds, but in this case, these are all related to alcohol. holds. So, it's… used to be the Addiction Recovery, but they've since changed the title of it. Old habits are hard to break, so we constantly call them art holds, but now they're, like, substance abuse holds. But when you see the, yeah, it's the abuse emergency commitment, but these specific numbers are relating to alcohol.

[5:12] Great. And then one final question. If you have any calls for service at a establishment, a restaurant, or a tavern, or anything like that, what would… and you maybe make an arrest or something for someone who's intoxicated, over-served, what would you… is there anything… would that be referenced here? That is what we're working on. Our system isn't breaking those down. So the other, thing that's kind of difficult for us to track is, for example, if you have somebody who, drank at an establishment, however, they got a DUI, a mile away. The call in the CAD, which is our computer aided dispatch, would show up as The location where the vehicle was stopped, rather than the location where the last alcohol was consumed.

[6:00] So, what we're doing now is when there's any poll-involved alcohol involving alcohol, I get notified of that, and then I do some research. I look through the report. I'm trying to get the officers trained to ask where their last drink location was. how long ago it was, etc, so that I can put all that into data for you all. It's… that's a time-consuming process, but definitely something I want to look at and make sure. So, unfortunately, last drink location and the location of the stop, we don't have a way to differentiate those other than good old-fashioned research and reading and police work. So, working on that. Small steps. Well, thank you. This is, this is, you know, amazing to see, but, I thank you for putting all the work into it. Yeah, I appreciate that. And lastly, these are only the City of Boulder. These do not include any calls for service on CU campus. Hmm. Right.

[7:01] Thank you. Thanks, Officer Reck. Thank you! Okay, I will move on to Agenda Item 3, which is general public comments for future Beverage Licensing Authority hearings. If you're here to make public comment on something that is not currently on the agenda, please go ahead and use the raise hand function, and I will… allow you to speak, and I do see we have one public comment so far. I'm gonna go ahead and share my screen so that there's the 3-minute timer. When I allow you to speak, if you'll just go ahead and say your name and Spell your name for the record, and then I'll start the timer, the 3-minute timer. Mr. Deerking, it looks like you had your hand raised, but then you unraised it. Did you still want to speak? Okay, perfect, thank you. And Mr. Dearking, you should be able to talk… Hello, can you hear me? We can. If you'll just say your name, spell your name for the record, and then I'll start the timer.

[8:00] Yeah, my… looks like my video's not on, but my name is Bruce Tierking, B-R-U-C-E-D-I-E-R-K-I-N-G. Thank you. And I'll go ahead and start the timer for you. Great. Well, thanks for allowing me to be here, and I promise I will not keep you late this month. I really am just here to provide a courtesy heads up. I wanted you to hear this from me, that we are going to be appealing the Whole Foods decision from last month. And, what that involves, there's really only one way to do that. It's called a Rule 106 action, and in order to do that, we have to file a district court action that names the City of Boulder and the members of the BLA who were at the hearing last month, as well as Whole Foods. So as the young people like to say, awkward, but that is the process that exists, and so that's the thing that we are required to do.

[9:07] I do want to be clear that in doing this, there's no animosity or disrespect intended. I genuinely believe that good people with good intentions who are trying their very best can still make a mistake. And that's really all that the appeal is about. To use, kind of an analogy to football, it's kind of like throwing the challenge flag. You know, the officials on the field made a call in real time, doing the best that they could, but if the coach disagrees, he can throw the flag and have the official upstairs who has the benefit of being able to slow it down. and look at it from different angles, watch it in slow motion, consult the rulebook, etc, make sure that they got it right. And in this case, the benefit is that that person will be a district court judge, who is used to doing these things,

[10:03] And, in some ways, maybe more able to understand all the nuances and fine points of some of the legal issues that were thrown about last month. I've had some people say, you know, hey, are you sure you want to do this? Won't the city or the BLA hold it against you? And my response to that is, you know, this is not the Trump administration, this is the city of Boulder. I think we have very different values. I think our city always respects citizens who may disagree, especially when that's done respectfully, and who exercise their legal rights to try to get a just outcome, so I don't fear that at all. And if you wonder, why would I push this, why not just let it go? You know, there are real implications for real people. I mean, their job's at stake, their livelihood's at stake. their customers who may not be able to have an independent business to go to anymore. I do believe health and safety are legitimate issues, even though some people said that's irrelevant. I don't agree with that.

[11:06] So we just want the right outcome, and that's where I'm coming from, and I just wanted to be here today so that you could hear it from me. And it's not lost on me that you're citizen volunteers, and I know there's only one reason why someone does that, is public service. Mr. Jerking, your time is up. Thank you. Yep. Okay. And then, is there anyone else, or board, did you have anything else for this public comment? The board? Yeah. I would just say thank you as a community member, it's… Thanks for… for speaking. Perfect. And is there anyone else who would like to get public comment today? Please go ahead and use the raise function and…

[12:04] I see no more hints, so I'll go ahead and move on. I'll move on to Agenda Item 4, which is the Riverside Group LTD, DBA Riverside, 1724 Broadway Street, Boulder, Colorado, 80302, Monthly Status Report. And I see that Mr. Mosier is here. Go ahead and print… oop. And I'm promoting Mr. Majer to panelists right now. Mr. Boscher, you should be able to unmute yourself and turn on your cam. Go to… There we go. Awesome, and I'll hand it over to the board. Thank you. Hi, Mr. Mosier, how are you doing?

[13:00] Good, good, thank you. Good. Before you give us an update, can we hear from anyone in the licensing clerks is taxes, and are we up to… is, Mr. Mosier up to… Speed on everything? I can report that they're in good standing with, yep, sales tax and occupation tax. Thank you so much, I apologize, I did not say that to begin with. Great, thank you so much. Okay. Any concerns? Anything, we can help you with? No, the only thing that's still in progress is appointing Marana Clind Denning as another manager. We got word back that the form was incomplete. Marana was out of town, but she's back now, so I asked her to… just look at… I think there's a page or two that was blank, to re-upload it to… Do that, whatever that site is called, you know, the upload site. The licensing site.

[14:05] Inspections. It's all one. So, yeah, that's the only one that I'm aware of, and yeah. Okay. Still winter, it's still slow. Even though it's summer out there, it's… Winter in terms of busyness. Are there any questions from any other members on the board? Okay, well, great to see you, glad everything is going well, and I'm sure you'll figure out that upload. site. I appreciate it. We'll see you later. Thank you. Thank you so much, give me just a second… Okay, perfect. I'll move on to Agenda Item 5, which is public hearing and consideration of an application filed on November 5th, 2025, from Mile High Pizza Cutters, LLC, DBA Slice House, 1805 29th Street, number 1144, Boulder, Colorado, 8031.

[15:02] Cherise Cutter, 100% owner, with a mailing address of 2253 East Briarwood Avenue, Suite B5. 509 Centennial Corrado 80122 for a new beer and wine type liquor license. If you're here to speak on this matter, please go ahead and use the raise hand function, and I'll let you in. You attendees are getting settled here. Awesome, and if you're here to speak classified, go ahead and unmute yourself and turn on your camera. Perfect. And Mr. Kramer and Mr. Ellen, which one is… are you represented by an attorney, is my first question. My name's Dan Kramer, I'm outside counsel for Mile High Pizza Cutters, LLC.

[16:03] Amazing. Steve Allen is a qualified manager, and then I think you guys know Carol Johnson. Getting some feedback here. If you're in the same room, you might want to mute. one person. Okay, perfect. Mr. Kramer, if you'll go ahead and, just record your appearance, and then I'll swear in your client and Ms. Johnson. Okay, my name's Dan Kramer, I'm outside counsel for Mile High Pizza Critters, LLC. That coming from me. I'm just trying… Thank you. Yeah, there's just, like, feedback for some reason? I'm not sure. Why that's happening? I apologize, I'm definitely not in the same room as anyone else. It seems to have picked itself, so…

[17:01] Okay, good. My state bar number is 38788. Thank you so much. And I'll go ahead and move on to Steve. Steve, I didn't mute you, so I'll unmute you. And I'm gonna… I'm gonna be muting people so we can avoid the feedback situation, but… Steve, if you'll go ahead and say your name and spell your name for the record? It is Steve Ellen, S-T-E-V-E-E-L-E-N. Thank you, and provide an address. I am at 2253 East Briarwood Avenue, Centennial, Colorado, 80122. Thank you so much. If y'all raise your right hand. Do you swear or affirm that the statements you're about to give before the Beverage Licensing Authority are true and correct? I do. Thank you. And do you support or affirm that the premises has been posted for at least 10 days prior to today's hearing? Yes, it has. Thank you. Ms. Johnson, I'll go ahead and move on to you. If you'll say your name, spell your name, and give an address for the record.

[18:03] You're welcome, you're welcome. Lead me back, that's really bad. Cameron Johnson, your liquid, please? Ms. Johnson, give me one second… I'm gonna try… So, fix your audio here. Okay, try to unmute and see if that worked. Okay, sorry, Ms. Johnson. We were getting some feedback, so maybe if… you can try to leave and come back in. If you're in the Zoom twice, that could be why. If you're in the same room as someone who is also in the Zoom, that could be why. So you'll just want to make sure that they're… everyone is muted, unless you're speaking.

[19:05] that there's very bad connections, but I… because I did log out once, thinking that that was the problem, but I'll do it real bad if he was to go ahead with the other… with this client. Okay, I'll keep an eye out for you. Thank you. Thank you. Okay, and then I'll hand it back over to… I'll hand it over to the board. Okay, great. This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of applicant Mile High Pizza Cutters LLC, DBA Slice House, for a new beer and wine type liquor license. shall be granted. Attorney Kramer, are you okay with me… are you okay waiving the reading of the procedures into the record?

[20:12] Yes. That's fine. Wonderful. Great. And to the, members of the board, has there been any ex parte communication or conflicts of interest with this establishment? Member Roberts, no. Member Burns, no. Remember Cardinal. Great. Are you ready to proceed? That was TU. Yes. Sorry. Perfect. You may proceed. Thanks. Do you want to try Carol Johnson again, or should… would you prefer that I… Oops. I just let Ms. Johnson in, so let's see if her audio is better. It does look like she might be in there twice.

[21:02] You're right. Okay, Ms. Johnson, can you… Where are you able to talk so we can hear you? Let's see… It's just… If you're talking, I can't hear you. Okay, well, let's let her, figure it out and see if we can maybe make it work, and then we'll… I'll come back to you if I see her back in. Okay, sounds good. I will move forward if it works for the authority with my presentation with Steve Allen. Okay.

[22:01] Thanks. And Mr. Ellen's here today, he's a qualified manager, and he's gonna sort of discuss the overall nature of the restaurant and its business operations. Thanks for being here, Mr. Allen. Can you explain your role in connection with Slice House? So, I am the Director of Operations for Mile High Pizza Cutters LLC. I will be the qualified manager for all the locations in Colorado, and Boulder specifically. Alright, thank you. Have you ever managed other restaurants or businesses with liquor licenses in Colorado? Not restaurants, but I was a manager for 5 years at Safeway. We did sell beer and wine there. Okay, and do you have, experience managing restaurants, without liquor licenses in Colorado? Yes, so I've worked for a couple companies, Corner Bakery specifically, for the last 16 years, managing their, restaurants across the nation and in multi-unit capacities.

[23:03] Okay, great. And would you characterize yourself as someone, who's experienced in the management of businesses such as Slice House? Yes, it's a fast, casual concept, very similar to, Corner Bakery, specifically, that I've worked at in the past. Okay. It… to the best of your knowledge, when you were managing, you know, both Safeway, and Corner Braakery, were there any alcohol or noise-related violations at any of these businesses? No, that we're not. Okay. Thank you, and now I was hoping you could give a general overview of Slice House. Can you please tell us about the nature of Slice House and its business operations? Yeah, so Slice House is a fast-casual pizza restaurant. We do serve, you know, salads, wings, pastas, but we're mostly focused on pizza. We do a lot of scratch-made stuff in the back of house, with a very easy, low-staff maintenance in the front of house.

[24:03] We're open from 11 to 9, pretty much every day of the week. Okay, and where's the business located? We are at 1805 29th Street, Unit 1144, Boulder, Colorado. Okay, and can you describe the nature of the area in which the restaurant's located? Yeah, so it is an outdoor mall, or I should say strip mall, so there are a few other restaurants nearby, as well as some nail, hair places, retail establishments in that same mall. Okay, and does Slice House operate under a lease agreement? Yes. We have a lease through the 29th Street Mall. Okay, and when does the lease expire? So we have a 10-year lease with 2 5-year optional extensions. Great, and can you, now walk us through the floor plan of the restaurant, sort of the layout? Someone walks in. So, you walk in the front door, and we have a counter with a couple registers, and where the employees will stand behind. There's a display case with pizzas in it. Behind that is a beverage cooler, where we will have canned beer, preferably, and four taps.

[25:11] There's a full kitchen in the back of house with a cooler, a big oven for the pizzas, and there are 22 seats on the inside of the restaurant. There's also a patio with 44 seats. Okay, and so you mentioned a cooler with the beer and wine. Where else will it be stored? So, it would be stored, mostly in those two areas. Okay. Okay, and who'll have access to that storage? So, the managers on site and myself will all have keys to those two, coolers. Okay. So there should be less than 5 people with keys. Okay. And… You, you mentioned, the hours of operation are, are 11 to 9. Correct. When beer and wine is served, is food also going to be available for purchase?

[26:04] Yes, so we will be serving food and alcohol at the same time, and then once we close, everything is shut down. Okay. And what's the projected, revenue from the sale of food versus the sale of beer and wine? So beer and wine should be less than 5%, based on the data we have. Okay. And now let's, address some of the policies and procedures that the restaurant has in connection with, The service of beer and wine. Roughly, how many employees will be involved with the service of beer and wine? Per shift, there will be around 4 people that would be involved in the sale of beer and wine. Okay, and what's your plan for training those employees with respect to responsible alcohol service? So, every person, employee that we have that is going to be involved in the sale of alcohol will have to go through a state, licensed

[27:02] training to get through that. They'll have proof of it after that. Okay. They won'. Oh, go ahead, sorry to… sorry to cut… No, that was it. Okay. In… in connection with the liquor license application, a responsible alcohol service policy was submitted to the authority. Is this a policy that will be in place at the restaurant going forward? Correct. Okay. Great. And, I have no, Further questions? Great, thank you so much. Members, Caitlin, did you have something? I just see that, Ms. Johnson is back, so if we want to try to swear her in and see if her audio's a little better, I'm more than happy to. Ms. Johnson, let's try. If you can say your name and spell your name for the record.

[28:00] Carol, sure. It keeps saying that I have an unstable network connection. Okay. It's very windy. Would it… is there a way I can call in? There is. I see that you sent me an email, so I'll go ahead and send you the phone number, for that, and I'll keep an eye out, okay? It's… it also still looks like there's two of her in there. I can't help but think that that. points. Can you kick that other person out, maybe? I can, let's see… Maybe it's… Stuck. Okay, Ms. Johnson, let's try that. Thank you. Chair Roberts. Okay, Seth? There we go! Awesome! I did the lead, but I couldn't get rid of that, so okay, thank you. Thank you so much for everybody's patience.

[29:02] No problem. If you'll just say your name and spell your name and give an address for the record… Carol Johnson, C-A-R-O-L-J-O-H-N-S-O-N, for Liquor Pros, 5515 Saddle Rock Place, Colorado Springs. Thank you so much, and if you will, raise your right hand… Do you swear or affirm that the statements you are about to give before the Beverage Licensing Authority are true and correct? Yes, I do. Okay, thank you. I'll hand it back over to Chair. If you're ready to proceed with your presentation, you can. Okay. Thank you. Carol Johnson from Liquor Pros. We are a third-party neutral petitioning company. We use the boundary maps and all of the paperwork that's provided by the City of Boulder, which provides all the information regarding to the applicant's name, address. type of license and the hearing date. We keep tally sheets for all contacts that we attempt to make and the results from them. We try to start the closest to the area and radiate out with samplings from several different areas.

[30:15] We… on this particular license, we did businesses on Thursday and Friday, January 29th and 30th, and residents on Saturday and Sunday, January 31st and 1st, and there were two, petitioners participating. This is a beer and wine license, as they've mentioned, and we made 132 attempts at businesses and 282 attempts for residents, for a total of 414 attempts, from which we obtained What? 134, signatures, all in support. We had 63, from businesses surveyed, and 71 from residents.

[31:02] There were 52 contacts who were not qualified, 38 of those were businesses that did not have an owner or manager available, 12 were non-residents, and 12 were under 21. We had 20… 37 that declined to participate, 14 of the businesses was against their company policy, 12 were too busy, 8 not interested, 2 do not sign petitions. More surveys, and one was… no reason. So I do believe, that there is a need for this, a desire for this license. The restaurant was already open. As a matter of fact, they had the grand opening the day we were doing the residential petitions. And a good portion of the people already knew of their existence, were very excited, and were waiting for the adult beverage offerings as well. I'd be glad to answer any questions you might have. Great, thank you so much.

[32:00] Members of the board, any questions for Ms. Johnson? I'm not seeing any. Thank you so much! You're welcome. Sorry for the delay with the problems. I've done this many times, but I think sometimes we have some… try not to have any glitches. Members of the board, any questions for Attorney Kramer or Mr. Elon about their presentation and the, application? I do not have any questions. Nope. I thought it was pretty good. Yeah. Okay, if you would like to close before we begin deliberation, now would be your time. Thank you. As you've heard from testimony today, the restaurant is located in a heavily commercial part of Boulder, which is designed to accommodate a business of this nature.

[33:01] The petitioning results indicate that there is a strong desire for Slice House to be granted a license. The operators have many years of experience operating restaurants of a similar nature. And they understand the importance of operating Slice House in a safe and responsible manner, and accordingly, we respectfully request that the authority issue a beer and wine license to Mile High Pizza Cutters, LLC. Thank you. Great, thank you so much. This time, we will close for board deliberation. I thought it was… a great packet. It answered some of my questions. Pretty straightforward. Yeah. I agree. Same. Everything was pretty comprehensive was there. Definitely needs and desires are counted for. No nos. Yep. Well, I would make a motion to approve this, the license for Mile High Pizza Cutters. Is there a second?

[34:06] I second the motion. Member Barnes, sorry. Great. All those in favor, say aye. Member Roberts, aye. Remember Burns? Aye. member car, I… Great. License approved, good luck. Excited to have you guys. Thank you for your time and consideration, that's greatly appreciated. Thank you very much. Thank you all, and hopefully I'll work… it'll work… still be working better when I get to the next hearing that I'm a part of. So we don't have delays, but thank you. No problem. Alright, just give me a second while I get everyone situated. We'll move on to Agenda Item 6, which is public hearing and consideration of an application filed on November 18th, 2025, from Peckish Boulder LLC, DBA Peckish.

[35:09] 1119 13th Street, Boulder, Colorado, 80302. Wheeler Restaurant Holdings, LLC, 100% owner, with Byron W. Wheeler as 50% owner, and Kristen E. Wheeler as 50% owner of Wheeler Restaurant Holdings. with a business mailing address of 2109 Wood Thrush Way, Castle Rock, Colorado, 80109, for a new hotel restaurant type liquor license. If you're here to speak on this matter, please go ahead and raise your hand. I see Mr. Profit and Mr. Wheeler are here. As, our applicant and attorney are getting settled, I will let the board know that, in your packet, you should see two separate petitioning. There was a, typo on licensing's part, and the petitioning packet that initially went out had the wrong license type on it. So the original petitioning packet that went out said beer and wine license, when in fact this is a hotel restaurant type license. So the reason that you see two petitioning packets and two petitioning materials

[36:04] is because the licensee was able to do, some… a little bit of petitioning. I'm sure they'll talk more about that. With the hotel restaurant packet, but that's why you see that, and that that was a mistake on licensing part, and we sincerely apologize, and we're so, grateful that the licensee was so gracious about… about that. And, I do see that Mr. Profit is… In the hearing, Mr. Profit, who will be appearing with you today? Yes, good afternoon. I'm Brian Proffitt on behalf of the applicant. With me this afternoon, I have Mr. Byron Wheeler. He is, as mentioned a moment ago, an owner of the applicant, and also Mr. Brian Turner with Alcohol Petitioning Services. Thank you so much. Mr. Wheeler, I'll start with you. I'll go ahead and swear you in. If you will just say your name and spell your name and give your, address for the record. Hi, Byron Wheeler, B-Y-R-O-N-W-H-E-E-L-E-R.

[37:05] Address 2109 Wood Thrush Way, Castle Rock, Colorado, 80109. Thank you so much. If you'll raise your right hand… Do you swear or affirm that the statements you're about to give before the Beverage Licensing Authority are true and correct? Yes. And do you swear or affirm that the premises was posted for at least 10 days prior to today's hearing? Yes, it has. Thank you. And Mr. Turner, I'll go ahead and turn to you. If you'll say your name, spell your name, and give an address for the record. Yep, my name is Brian Turner, B-R-I-A-N-T-U-R-N-E-R. My address is 2027 Joshua Court, Grand Junction, Colorado, 81507. Thank you, and if you'll raise your right hand, do you swear or affirm that the statements you're about to give before the Beverage Licensing Authority are true and correct? Yes, I do. Thank you so much. I'll turn it over to the chair. Great, thank you. This is a public hearing, consideration before the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of applicant Peckish Boulder LLC, DBA Peckish.

[38:12] For a new hotel, restaurant-type liquor license shall be granted. Attorney Proffitt, are you okay with me waiving the reading of the procedures into the record? No problem. Thank you. Great. And to the members of the board, has anyone had any ex parte communication or conflicts of interest with this establishment? Member Roberts, no. Amber Burns? No. Nipper car, no. Great. Then, if you're… you and your team are ready to continue, you may. We are. Thank you, Chairperson Roberts. Good afternoon, again, Brian Proffitt, registration number 31101 on behalf of the applicant this afternoon. We are making application for a hotel and restaurant liquor license. As Ms. Kellogg mentioned a moment ago, you're going to actually hear testimony both from Mr. Wheeler, our owner, regarding the operations of the facility, its concept.

[39:14] But also some supplemental petitioning that took place when it came to our attention that there was a typo on the original set of petitions. Following Mr. Wheeler's testimony, we'll then take testimony from Mr. Turner with alcohol beverage training, regarding the, more formal set of petitions, which were done initially, and at that time, we would ask that this authority would consider that first round of petitions as well for needs and desires, despite that typo. So without any further ado, I'd like to call Mr. Wheeler. Mr. Wheeler, good afternoon. Good afternoon. Can I have you state your name, spelling, your last name for the record, please? Byron Wheeler, W-H-E-E-L-E-R. And Mr. Wheeler, can you tell us a bit about your history in the hospitality industry?

[40:02] I've been in the hospitality industry for 25 years. I've owned and operated 22 different restaurants throughout Colorado and Utah. I currently own 2 restaurants that are open and operating, both under the brand of Peckish, the location that we're discussing today in Boulder, as well as the second location in Denver. What is your role in the operation of the… of this particular restaurant? I am the owner-operator of this restaurant. Do you find yourself there on a regular basis? I'm there full-time. Okay, thank you. And can you describe your job duties, then, for the company? Yeah, I act as… I act as the day-to-day operations lead, so I'm in the restaurant every day, I'm helping… I'm helping guests, I'm working with my employees and with my managers, as well as paying the bills and doing all the administrative details as well. I assume with that broad, role of responsibilities, then you are familiar with the proposed business operations of Peckish.

[41:03] I own. And you're familiar also with the proposed location there, 1119 13th Street. Yes. Thank you. Can you briefly tell us about the concept of Peckish? Sure, so Peckish has actually been on the hill in Boulder for over 6 years now. Last… last spring, we had an opportunity to move 3 doors down into a larger facility with a bigger dining room. And that's… and that's, where we are today, and that's why we are here, seeking a new liquor license at this new location. We serve, primarily chicken wings, as well as pizza and other, you know, other sides and appetizers that go well with wings and pizza. We've actually won the award for Best of Boulder Wings in 2024, and we've built up quite a following for our wings and pizza over the last 6 years.

[42:00] For those members of the authority who may be familiar with your former location, are there going to be any significant conceptual changes between this new, larger location and the one that was just down the street? the… the… no, there's no major changes. The biggest change is, we have 3 times the seating, so it's… it's a much bigger dining room and a dine-in aspect and concept than the prior location, which was very small, very cramped, and… Was, you know, more of a bar-forward type of concept. Now, you discussed briefly your offerings at Peckish. What's a general price range for a meal at Peckish? Our average tech is about $14. We have lunch specials starting at $10, and you know, a good… a good… Pizza, for one will average about $14 to $15. And who do you anticipate to be your typical customer at Peckish? We're located on University Hill, so we're very aware that a large majority of our customers are current and prospective CU students, as well as their families and people coming into town for events related to the campus that's so close by.

[43:18] Now, we are making application for a hotel and restaurant liquor license. Can you tell us your alcohol plans for the restaurant? Sure. So we have a 4-draft tap system that we'd like to, utilize, as well as one display cooler, that would sell additional beers and, and… and seltzers. And then there's a second bar that would be in the upstairs area that would just be operating out of, A beverage cooler that sells canned beers and seltzers. Will you also be selling, wine and spirits? Yes. Okay, thank you. And what are your anticipated hours of operation?

[44:03] We anticipate being open from 11 a.m. to 2 a.m. on Thursday, Friday, Saturday, 11 a.m. to 1 a.m. Sunday through Wednesday. Okay, and when the restaurant is open, can you confirm the kitchen is always open and meals available for your guests? Kitchen is always open, and full manure is always available. Having already operated on the Hill for a number of years, what's your anticipated percentage of food sales versus alcohol sales? So our historical menu mix over the last 5 years has been 76% food to 24% alcohol. We anticipate the same at the new location. Thank you. Now next, I'd like to move on to your policies and procedures, there at Peckish. And if awarded this liquor license, how many employees will you, have at Peckish? We will have 25 employees. And how many managers overseeing those employees? There are 5 managers overseeing the employees. Can you confirm that at all times of operation, at least one manager is on duty, overseeing the operations? Yes.

[45:06] And then, of your 25 employees, how many of them in which positions would be involved in the sale and service of alcohol? There will be 9 that are responsible for the sale and service of alcohol, including the managers, our 1 bartender, and our security staff. Okay, thank you. And can you describe your plans for training those employees as it relates, again, to the sale, service, and also, I guess, to your security staff, the oversight of the service of alcohol? Sure, so all 9 of those employees are presently, trained and certified through ABT. And it is our policy that, anybody who comes on to be a part of that service team would receive that ABT certification before their first day of being involved in the sale of service of alcohol. And to be clear for the authority, that ABT training, that is a state-approved training course, correct?

[46:03] Yes. Okay, thank you. Ridiculous. In addition to that, we also have, for everybody in our team, we have 5 shifts of shoulder-to-shoulder training with the general manager or myself. And after those 5 shifts, everybody in the service and the service team, or the security team does another 2 shifts where, we are shadowing them and watching them, Perform all of their duties before we set them free to be a trained employee and contribute to the flow of the business. And your post-opening training, you know, in the coming months and years, that'll be the same training program, correct? Correct. Thank you. And you'll also require the ABT, or a similar state of group training of any alcohol service or security staff, correct? Brick. Okay, thank you. Now, briefly, I want to touch on your compliance history. You mentioned that you had operated both the Peckish in Boulder for the last handful of years, and then another restaurant, I believe, in the Denver area. During that time, have you ever suffered any violation of the Liquor Code?

[47:15] In the 6 years that we've been in business, we did have one violation. It was in 2025 at the old Boulder location. And as a result of that experience, did you make any changes to the way you do business, which you'll implement here at this location? Yes, I'd like to say, like, I believe we had an effective policy in place at the time of that violation, which was substantiated by the 5 years of business on the Hill prior to that, with a perfect compliance history. On the date of that violation, our bartender, who was working her final shift before she graduated college and moved out of the state, she made… she made some poor decisions that were in direct contrast to our policies and procedures. But since that time, we did make a couple of changes to our systems and our policies.

[48:07] First, we no longer allow anybody to be involved in the seller service of alcohol unless you're a manager or have two or more years of professional bartending experience. Then additionally, like, we've upgraded our security, system, whereas in the old location, we were using high-performing kitchen employees, via balance or security. They do allow them to get experience into the selling service of alcohol. Yes. Can I get this paused for just a second. I think we might be having a lag or something. I was hearing some additional noise there. And Mr. Turner, actually, maybe I could… if we could get you to, mute your screen real quick? Perfect, thank you. Mr. Wheeler, I didn't mean to cut you off, but please, if you could go ahead.

[49:00] Sure, so the other thing that we've done procedurally is we've changed who we allow to be a member of our security team, as opposed to using employee… kitchen employees or college students. We've made the adjustment to hire professional security that does this full-time. In fact, our security manager is actually the lead of security, just by coincidence, the lead security for the Downtown Boulder Partnership, which is a nonprofit organization that hosts several community events in Boulder, such as Band on the Bricks, Arts in the Park, and the Fall Festival. So, like, we're utilizing the same team that the city… that the, Downtown Boulder partnership is using, and I think that that shows that we have a commitment to bringing in professional staff that is equipped to ensure compliance at all times in the restaurant. Okay, thank you. Next, I want to ask about some of your particular service policies and basically the way that you will run your operations there. You've mentioned you do employ the security staff to check IDs. Is that full-time, or only certain hours of operation?

[50:12] Yeah, so the dedicated security staff is going to be working from 7pm until close every night. Before 7pm, it's the responsibility of the managers and the bartenders to… to, you know, to ensure compliance, as well as checking all IDs. But at 7 o'clock, and thereon, you'll have security at the door. Are they checking the identification of everyone who comes in? We'll check, you know, so at the door, we'll ask if the guest is here to eat or drink or both, and if the guest says that they're not here to consume alcohol, then we'll, or if they say they're under 21, we'll place an X on their, on their hand. And if the guest says that they are here to consume alcohol, we'll verify their ID through a scanner and, through visual.

[51:02] Through visual confirmation, and then we'll place a colored wristband on that customer, and that color changes every couple of hours. And how many security staff members will you have working, during these hours that you've described? We have 4 security staff members on staff, and there will be 2 security staff members working every night. Where we have them stationed. So at 7pm, one security member is, based on the front door, and then at 9pm, our second security, staff member comes in, and he stays at the stairwell. Where he can, make sure that, I guess I should say, after 9pm, our upstairs area is 21 and up with valid ID. There's no… nobody under the age of 21 will… will be allowed upstairs. So our second security personnel stays at the stairs, where he can monitor that, as well as the stairs are right next to our bathrooms and the access to our… to our bathroom. That way, we have clear visual at all times with, anything

[52:13] Related to the bathroom or the rear entrance of the restaurant. Okay, so you're upstairs 21 and over after 9 o'clock. Downstairs, a mixture of of age and underage persons, and they're all marked either with wristbands or big black X's on their hands. Can you confirm, also as part of your training, that your employees are taught to recognize the signs of intoxication in your guests? Yes, they are. And how are they trained to handle an intoxicated guest, whether that might be at the door, or someone who has had a few drinks in your establishment. So, while our staff is trained not to serve alcohol to anybody who shows any signs of intoxication, we will get them some water, we'll get them some food, we've got a comp tab for slices of pizza for people that need a slice of pizza. And if they're intoxicated before they come in the restaurant, we deny them entrance.

[53:08] Thank you. And you mentioned a moment ago, a scanner system. Can you describe that for us and how it works? Sure, so it's a, it's a scanner system that many businesses in, in the City of Boulder are using, but, every ID, that is handed to us will go through that scanner. It's connected to the internet, and that will confirm, Instantly, whether or not, this… this ID is valid, and that this ID is somebody who's over the age of 21. It also, it also notes, if… how many times this ID has been in our restaurant before, and if we've had any issues with that customer in the past. And this is utilized there at the front door during the hours you have security. Yes, and then at the bar, during the hours that we do not have security.

[54:00] Okay, thank you. Do you utilize any secret shopper programs or anything like that to aid in the responsible service of alcohol? Yes, we do have an internal process that we utilize at both of our restaurants that checks for many service-related issues, including the safe and responsible and legal sell of alcohol. Okay, thank you. At this time, normally, I would go through the floor plan, but I think I'm going to hold off on that unless members of the authority might have some specific questions for you about that. One question I do want to ask, however, this is a two-story restaurant. You mentioned 21 and over, upstairs after 9pm. There's also a patio. Off of the upstairs portion of the restaurant, is that correct? Yes. Is that a fair weather patio, or does it have a roof or other covering? It's a fair weather patio. Okay, and it does have a railing and control device so that people cannot leave, that area without… without, I guess, jumping that railing or going, outside, is that correct?

[55:06] Correct. And can you confirm that the restaurant does have a full kitchen with sufficient equipment and staff to prepare meals with your hotel and restaurant liquor license? Yes, it does. Okay, thank you. And what's the, seating capacity of your restaurant? Our seat capacity is 54 seats inside and 12 on the back patio. Okay, thank you. Lastly, Mr. Wheeler, I want to ask a couple of questions about some petitioning. Now, we mentioned to the authority a bit earlier that there was a typo on the initial round of petitions that went about, which Mr. Turner's going to testify to in a few minutes. But after we learned of that typo, we brought that to the city's attention. And it was corrected, and you or a member of your staff engaged in an additional, let's call it a quick round of petitioning that properly identified a hotel and restaurant liquor license on the petitions. Is that correct?

[56:05] Yes, at the time that we, at the time that we noticed that there was the typo that was provided on the, on the petitioning forms, we had one business day to conduct to conduct additional petitioning, before the deadline. So I had my general manager, go out into the neighborhood and… and do some supplemental petitioning himself, where we don't consider ourselves professionals in that area, but we thought that it was important to show, You know, additional data that shows needs and desires for specifically the hotel and restaurant liquor license, in addition to, what the, petitioning, Company did that you'll hear about briefly. And what day did that additional supplemental petitioning take place? last Friday. The 11th. Yeah, I don't believe… I mean, it was last Friday, so I think it was the 13th?

[57:01] Oh, you're right. I'm sorry, I have the, I have that incorrect there, thank you. And, can you describe the results that were obtained by your general manager for the supplemental petitioning? It's insane. I'm sorry, I'm losing you there. It was the same results as the larger professional petitioning, which was 100% in favor. And how many… what were the raw data? How many signatures were obtained? There were, 37 signatures obtained, 10 residents, and 20, 10 businesses, and 27 residents. Okay, thank you. I think that's all the questions I have of Mr. Wheeler. This time, I'd make him available for any questions the authority may have. Thank you so much. Any questions from members of the authority?

[58:02] We don't have any. Okay, you may continue. Actually, Mr. Wheeler, I do want to, double-check something with you. You had testified a moment ago that there were a total of 37 signatures. Do you have a copy of maybe the, cover page? For the supplemental petitioning available. not readily available, I can have it by the time you're finished with Mr. Turner. Well, I… if you might do that real quickly, I want you just to double-check the math. And I would note That there were a total of 39 contacts. But, 11 were not qualified, 1 was not at home, and I think there were a total of 27 signatures. 27, thank you, not 37. So that'd be 10 business and 17 residential. Correct, correct. Thank you for that clarification. Next, we'd like to call Mr. Brian Turner. Mr. Turner, good afternoon.

[59:03] Mr. Turner, can I have you state your name and let us know what company you are with? Yeah, my name is Brian Turner. Currently, I work for Alcohol Petitioning Service, as well as Alcohol Beverage Training. Thank you. And it's my understanding that Alcohol Petitioning Services was engaged to conduct a needs and desires, analysis for purposes of this application, is that correct? That is correct. And did Alcohol Petitioning Services engage in that petitioning and pre-file those petitions with the authority? They did. They completed a report on February 9th, submitted it to the City Clerk of Boulder at the Regulatory Licensing Division. Okay, thank you. Mr. Turner, can you, give us testimony, please, regarding the results of that petitioning effort? Absolutely. Thank everybody for their time. This was a survey for a new liquor license. The survey overview is for the reasonable requirements and desires of the neighborhood. This was told as a beer and wine license, that was what was on the packet. The applicant was for Peckish Boulder LLC, doing business as Peckish.

[60:08] Applicant's proposed license location is 1119 13th Street, Boulder, Colorado, 80302. Now, the survey methodology, all the surveyors were over the age of 21. They all wear apparel, so they'll have a gray polo shirt on with the business monogram on it, as well as a name tag. They carry a folder, and a clipboard with them. With that clipboard, it shows the map of the designated area that's provided by the City of Boulder, the licensing authority that gives those defined boundaries for the neighborhood. It also has a petition form. This is a petition where a signature page is placed. the people contacted, they can indicate whether they are in support of issuing that license or opposed to issuing that license. And there's also a tally sheet that records the results for those who did not sign the form.

[61:02] Now, people were showed the petition, the form itself, as well as the map that showed the designated area. They're also verbally told that this was for a beer and wine license, and the applicant's site location, and the applicant's name. Now, each person who signed the petition indicated they were either an owner or manager of a business, or they were a resident that lived within those boundaries that were provided to them. And they were over the age of 21. Now, the survey took place on two different dates. They conducted the survey on January 29th, which was a Thursday. There was three circulars on that day. They also did another survey on February 5th, 2026, and again, there were 3 surveyors. The survey statistics, summaries of signatures obtained. For businesses, there was 39 signatures. For residents, there were 68. That's a total of 107. Details of those signatures obtained, signatures in favor of issuing that license, or businesses 39, residents 68, totaling 107, signatures opposed to issuing the new license, or 0 for businesses and 0 for residents.

[62:15] So the statistical analysis for those signatures in favor were 100%, opposed were zero. So the details of those contact attempts, signatures obtained were 107. That's a ratio of 28.8%. Those that weren't at home at the time of the survey were 184. That was 49.5%. Not willing to sign the petition form were 57, that's 15.3%. And business owners or managers that just weren't available at the time were 16, and that was 4.3%. And those that were either closed or vacant businesses were 8, and that was 2.1%. So in total, attempts were 372, 100% ratio on that. Now, the reasons for those that weren't willing to sign?

[63:01] Seven people had zero opinion about it. 14 had no interest in hearing about it, and 6 were too busy, and 30 were under the age of 21, so they didn't qualify to sign the petition. That's a total of 57 people that weren't willing to sign. Summary of the ratio of those signatures to contact attempts. Businesses, again, 39 signatures out of 73 attempts. That's a percentage of 53.4% of the time they received a signature. Residents were 68 signatures. Attempts were 299, that's 22.7% of the time they received a signature. So in total, there were 107 signatures, attempts were 372, that's 28.8% overall. So on average, of 28.8% of the attempts to contact obtained a signature for that petition. Now, actual people contacted, so this would exclude businesses that were closed or vacant, or owners and managers that were available, or residents that were at the house.

[64:04] Signatures for businesses, again, 39. Contacts would have been 53. That's 73.6%. Residents were 68 out of 83 attempts, that's 81.9%. So, in total, 107 signatures, contacts, 136. That's 78.7% of the time they received a signature. So, on average, 78.7 of the eligible people contacted provided a signature for the petition form. With this petition, there was no disqualifying signatures. So the final analysis and details for those signatures… signatures in favor of, yes, issuing that new license or the needs and desires are not being met. Businesses were 39, residents were 68 in favor of That's a total of 107, and again, those opposed were 0 for businesses, 0 for residents. So in favor was 100%, opposed was zero.

[65:02] Now, with your reports, you do have a copy of the map that was provided, by the City and County of Boulder, or by the City of Boulder, sorry, the local licensing authority. We also have a map in there that indicates where those circulars petitioned, so those locations, and it's outlined in red for each street that they petitioned on, and a copy of those petition signatures that were obtained in favor of issuing that beer and wine license that we had listed, as well as an affidavit of the circulars for their signatures. Mr. Turner, thank you. And these results then were pre-filed by the deadline with the licensing authority, is that correct? That is correct. Mr. Turner, in your experience, these results, do they tend to show that there is a need and a desire for the additional liquor license in the neighborhood? Yes, there does. I mean, 100% of the people said they Believed that the needs and desires were not being met. Okay, thank you. At this time, I would make Mr. Turner available for any questions the authority may have.

[66:04] Thank you. Any questions from the authority? Not seeing any. You can proceed. Thank you, Chairperson Roberts. That does complete our, presentation this afternoon. Great, thank you. Any questions from the authority to Mr. Wheeler? Nope. Well then, we will… Did you wanna… sorry, did you say you had a closing, or that was your closing? I'd be happy to do so. I was anticipating we might ask if there was anyone in opposition this afternoon, and following that, I would briefly close.

[67:05] Were you wanting to ask the public if there was anyone here in opposition? No, I typically thought that's something that you would do. Oh, we don't generally ask. Okay, thank you. I'm happy to summarize. The application, we believe, is in good order and procedurally and substantively proper in all respects. We believe the applicant and his employees are of good moral characters based on the background investigation, as well as the extensive policies, procedure, and thought that has gone into operating a business such as this on the Hill. in Boulder. And lastly, we believe that the needs and desires of the neighborhood are consistent with granting this hotel and restaurant liquor license. We do believe that it is appropriate to accept and consider the initial round of petitioning that was handled by alcohol petitioning Services to show needs and desires.

[68:02] Despite the typo that was on those petitions. But we also, felt it appropriate to provide that supplemental petitioning to you in case there were any concerns by the authority. That properly stated that this was a hotel and restaurant liquor license. Despite there being two rounds of petitioning, there were, no signatures in opposition here, probably, based upon what we hope is the, goodwill that has been engendered by Peckish while operating on the Hill for the last handful of years. As a result, we would ask that you would grant our application for a hotel and restaurant liquor license. Thank you very much. Great, thank you so much. Then at this time, we will go ahead and close for deliberation. I would just say I'm very impressed with the updates and changes that they made since they had the violation last year. I can tell that

[69:04] Mr. Whaley really wants to be a good contributing member to our… you know, restaurant community, and so I really appreciate That. I think everything sounds really good. And I appreciate Mr. Wheeler's honesty and his coming forward about the violation, so I appreciate that so much, and you guys made a, you know, something went wrong and you made it right, so I appreciate that. Yeah, I mean, similar vein, like… yeah, I think that is a really comprehensive packet. Everything seems to be in good order. You know, just even Mr. Wheeler going the extra mile to send his GM out there to do some additional petitioning, that really stands out. I think that's… that's the kind of thing we want to see from applicants. So, no… No concerns on my side. In fact, I'll make a motion to approve this license. I'll second that. Oh, go ahead.

[70:00] All those in favor, say aye. Member Roberts, aye. River Barnes Eye? Member Car High. Excellent! Thank you so much, good luck at the new location. Thank you, Dean. Thank you very much. Have a wonderful afternoon. Thank you. Thank you, everyone. Give me a second while I give everyone… situated… Okay, I will move on to Agenda Item 7, which is public hearing and consideration of an application filed on November 24th, 2025, from Isaacia LLC, DBA My Raman & Isaacia, 3280 28th Street, Unit 2, Boulder, Colorado, 80301, 100% owner and proposed registered manager, with a business mailing address of 9579 Kentwood Circle, Inglewood, Colorado, 80112.

[71:01] For a new hotel restaurant type liquor license. And if you're here to, speak on this matter, please go ahead and raise your hand. I see there's one hand here. Alright, and I see that our applicant is in. If you'll just go ahead and unmute yourself in… Start your video… Okay. Can you guys see us now? We can… Okay. Hi! Happy Lunar New Year! Today is… today is Lunar New Year. Happy New Year. Oh, happy to be here, thank you. If you… well, are you represented by an attorney? We are a small business. I was very impressed, and I was like, whoa, it's beautiful. But we just came here ourselves. No problem, no problem. If you'll just go ahead, and whoever would like to testify, I'm just gonna swear you in. So, the first person who would like to testify, please go ahead and say your name and spell your name for the record.

[72:08] My name is Izukulan Namjik, and K-H-U-L-A-N-N-A-M-J-I-G. This is my mother, and her name is Ayun Namjik. My name is Aryu Namjik. Yeah. Oh, why are you going in? N-A-N-J-K. Thank you so much. And if you'll just give an address for the record? 9579 Kentwick Circle, Englewood, Colorado. Zip code is 80112. Thank you so much, and I'll just go ahead and… Go ahead. No, it's okay! I'm sorry I cut you. My business address is 3280 and 28th Street, Unit Number 2, Boulder, Colorado, 80301.

[73:06] Thank you so much! And I'll just go ahead and swear you both in at the same time. If you'll both raise your right hand… Do you swear or affirm that the statements you're about to give before the Beverage Licensing Authority are true and correct? Yes. And do you swear or affirm that the same… or that the premises was posted for 10 days prior to today's hearing? Yes. Okay, wonderful. I'll go ahead and hand it over to the board. Thank you. Great, thank you, Caitlin. Okay. Excellent. I'm having technical difficulties with my packet today, sorry guys. Okay. This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of applicant Issakaya LLC, DBA, Myraman, and Issakaya

[74:00] Shall be granted for a new hotel restaurant-type liquor license. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this authority to make findings and to reach the conclusions required to be made by state law as to whether or not the license applied for shall issue. Interested parties are the applicants… are the applicant residents of the neighborhood under consideration, and the owners and managers of a business located in the neighborhood under consideration. For purposes of determining who is an interested party at this hearing, the neighborhood under consideration is the neighborhood previously defined by the authority. The authority shall make final determination of the affected neighborhood prior to determining whether the license shall be issued. Any interested party may speak to the question of neighborhood designation, as well as other information relevant to the granting or denial of the application.

[75:07] A recording is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their name, and their address. And you are already sworn in and have completed that. I will now ask the authority if there has been any ex parte communication or conflicts of interest with this establishment. Member Roberts, no. Member Burns? No. member card now. Great. Then, are you all ready to proceed? Okay. Go ahead. We are… I'm sorry, I was very nervous. My voice is out, sorry. And I… we are a small, family-owned business. And then, when we took over this business, it was… previous owner, style was Japanese name, but Chinese style. And we changed that to convert to completely 100% traditional Japanese ramen.

[76:13] and sushi. We ate there more sushi. And then… Reason we did that, we went to our homework, I went to our neighborhood restaurants, how we become, different is other ramen shop, other is sushi shop, and then we have traditional, recipe, like a real authentic recipe, and then, for family. recipe for 30 years, and then we've used that recipe to bring to the neighbor and, neighborhood area, and opened the July 16th, we really, changed the entire menu to real, authentic Japanese sushi and ramen. And then, meantime.

[77:03] We was trying to be… develop everything in better, and for pricing-wise, and portion-wise, and environment-wise. And then, we did everything, and then only one thing, and after we established our goal, a lot of our customers asked us, excuse me, do you guys have any sake or any beer for ghosts with our dinner? Which, we don't have it. And so, we said, we don't, and I'm so sorry, but a lot of people, lately, they left the restaurant because we don't have the complex of the food. Japanese izakaya means that you do have, like, a raw fish, you're supposed to be drink, little bit hot sake, or cold sake, dissolve the bacteria.

[78:03] And so, we don't have that… a small portion is missing. And so, what we did was, alright, we… how about we apply the, liquor application? And then, how about we make our ezekiah become, like, a really, like a ramen sushi doma house, like, real house. And that's why we requested liquor license and your, in your place, Boulder, City of Boulder. And then we ask them, please, help us to complete this, liquor licensing, because our customers, and this tradition, it's like a cultural tradition, need to complete that, restaurant Ezekiah meaning. And so that's why we are here today. And then, there is a lady, Carol, she is, helped us a lot, because

[79:08] She explained to us how we do these things, step by step, very patiently explained to us, now you guys need to be… do this thing, and all this thing. I really appreciate, the lady, and who helped us. And I really want to say that, because I was waiting to say her, thank you, and then, now, then she told us, now is her reputation time. Go today, she gave us the map, we have to collect the, petitioning for signature from other businesses and residents, and then That thing, I went myself. Because I really want to meet them, my neighborhood. I really want to meet… introduce us to every single door-by-door.

[80:00] And I explained to them, this is who we are, how we are doing, and the good news is they know us, and so they just said, oh, I agree with you, I know you guys, we was asking you guys doing that, and everybody, I went to every single businesses, modern. 50, more than 55 businesses myself. And door by door. And then, good news was, most owner and manager was there, that was good news, but some businesses, just employee was there, and it wasn't good. And then the… our Isaacaya, the next door, and two building, brand new, apartment, just opened. Couture apartment. I went there, and I asked the manager, can I ask our neighborhood signature? She allowed me to went there, and I asked it. There is a, everybody egrid.

[81:04] to sign it. There is a no… nobody said no, everybody said yes, because They really want to walk in distance, and restaurants who have good ramen and sushi, and also, have Japanese cultural sake and, beer. And, we not serve, like, heavy alcohol or anything like that. It doesn't match our food style, and we are just served Japanese cultural drink. And… it is not really a big percentage of alcohol, not heavy percentage, because food is very, good percentage, and, and, I think it's, like, I've seen other people say, how have you guys manage the alcohol? And we are, trained in alcohol training classes. We meet there, participated, everybody. Our whole family members participated, because we don't want to make a mistake, because it's a very, very difficult to make a mistake. And we read the law, we said, we cannot do that. We all participated. I know it's a very hard consequence, but

[82:20] We will find out, and my trainer told us, number one rule is always check the ID. And so, making sure, check the ID, and then also, do not over-serve. And so, you must tell the people like that, which is we, do. Promise to do that. And then, what else I have to say? Our business hours! Business hours, we open Monday through Saturday. We open 11 a.m. to 2 p.m, and then we close 2 p.m. to 4 p.m.

[83:00] And, after 4 o'clock, we are open 4 to 8, and… And, oh, weekends, 4 to 9. Friday, Saturday, 4 to 9, because our neighbors told us, why don't you guys weekends stay a little bit late, because we finished our job to come here. You guys always close too early. And I said, okay, be… change time to 4 to 9, and Friday and Saturday. And then, also, alcohol. Oh, yeah. We, save our alcohol, and… The package was very clearly said, how you want to save your package alcohol, how you want to serve your alcohol? Very well, very clearly told us. And so we put the alcohols behind the sushi bar. And so, no, customer can't just go there, grab it, or anything like that. It's everything behind the sushi bar.

[84:01] And so, also, we have the… we find out you must have to have a lock to save your alcohol. And so we have… we bought a cabinet which have lock in it. And so, we did everything in our package. You must have to do this. We did everything. Great, thank you so much! For your petitioning, Did you have someone here with you? No, I went there by myself. And then… Oh, okay. Mom and I just go there, walk in. That was very beautiful, sunny in day, in May 6th and 7th was… I don't know what happened, it was beautiful. It's kind of like a spring day. We're just, like.

[85:02] Twitter, just like, let's go work and do stuff, you know? Yeah. Yeah, one thing I wanna be… say something about that neighborhood, and so there is only few, sushi and ramen places. They're not, like, close each other, very much, like. a little bit further, each other, but we have one, restaurant is about, other side of the, town. I was worried about it, because, how about they are, disagree about it or anything, you know, I was worried, but it was opposite. They just said, no. This community, we all need each other, we have to support each other, and that was very nice. Awesome. Okay. Do we have any questions from the board?

[86:08] I just had… A couple I just wanted to, reconcile. So, you're gonna have 2 full-time employees and 2 part-time employees? Correct. All four employees are trained on alcohol, or who's allowed to actually serve the alcohol? We have, since… We're not, like, a very big restaurant, they're hiring a lot of employees. It's… business is not that very busy either. I'm just trying to understand if Where you can serve alcohol, or… No, me and mom. That's all. And then my brother and, cook, and he is not doing this stuff. And then my, another brother has, make food, and so it's in the kitchen. Yeah.

[87:02] Oh, I see. Okay, so it really is… Yeah. So, one of you is there at all times. We tune there almost every day. Yeah. Yeah, every day, every restaurant happens, we will be there every day. Okay. Yeah! What kind of experience do you have selling liquor? We used to, own the, we used to own the, Mexican restaurant, and we used to have an alcohol license, too. It's a… We never have a violation before, but knocked on wood, never had a bad thing before, and be very responsible, because we don't want anybody hurt, you know? Anybody's life is… Depending on us, and so we can't… just lick… because of the money changing somebody's life, you know, we cannot do that. And so, we all know that very, very well, and we're very responsible for giving people, and hosting people, we need… we need to stop, and be…

[88:14] are very responsible for that. We never had any violation before. I'm sorry. Was that restaurant in… was that restaurant in Boulder, the Mexican restaurant? Where was it located? Westminster. Okay. It's Westminster. Thank you. But it was a good experience, good time, but we find out, we are good at sushi, no? Mexican. That wasn't good idea, was… oh, we just said, okay, no more Mexican. But, yeah. Is… sushi and ramen. And then this isn't so much a question, but more of just kind of looking through your policy. I noticed that you're only checking if the patron looks like they're under 30 years old.

[89:09] I would maybe encourage you to up that number to 50, Worst… higher. I think we're in a college town, I think people… Can appear younger, or appear older. And I don't think that 30 is maybe old enough. So, that's something that, I think maybe to take into consideration in your policy. Okay, definitely, yeah, because Boulder is a new town for us, and We really like it, because… It's a great town, but it is a college town, and we want to support you and, not having issues. So that was kind of my only flag with the alcohol policy, was to consider… maybe ID everybody. Just don't.

[90:04] I agree with that one, because this is very hard to tell, since, regular town, there's not many younger people stop by to eat your ramen, right? But as we find out, Baldur is different, very different. And so, if we are get the liquor license. I… I don't want to lose it, because it's a very hard walk to come here. It's a long process, and it's, I mean, we don't want to risk our life, too. I think I agree with you. I think we should check younger. We just said, it's just like one second thing, huh? I'm sorry, can I check your ID, please? I think it's safer. I 100% agree with you about that part, yes. We talked about that, too. We just said, oh, you know, these days it's very hard to tell who is who, you know? Because people become when you're younger, it's better to check everybody's IDs better. I agree with that.

[91:05] I, I… No, I was just gonna say, in the same vein, the only thing, as I was looking through the policy again, is, is to be aware of vertical IDs. As, you know, in Colorado, that's for someone who's under the age of 21, you know, I think a best practice for businesses is to not accept vertical IDs, but some businesses choose to, because they can be from other states and be over the age of 21. But just be very cautious about that. I agree. I thought they could. I think it's, I agree about both of you guys' comments, because it's very hard to tell, and hard to check, and I… we believe it's exactly the physical ID, and check everybody is more safe, you know, instead of losing everything, and

[92:01] What a week, all of a camp here. We will do that. 100%. I don't you? Any other questions or comments for… So then, before we… All right. Did you all have a closing statement or anything else you want to say before we deliberate? Oh, I really wanted to say to you guys, thank you for, taking us. For a tiny, small company to welcome us in Boulder, we, my family really appreciated about that, that thing. We try our best And… give the people and customer good food, and now you can probably see our review is, we got this business, it was 3.5-star restaurant, was failed restaurant. Now it's 4.5, and all 5-star reviews, and we want to work more harder.

[93:08] And we wanna be… make Walter have a good ramen and sushi, tiny and traditional restaurant, and we're gonna be… do our best. And to help the Boulder, City of Boulder, name up. And thank you so much. Thank you. for those words. Now, at this time, we will close for the board deliberation. Okay. Any… Comments, deliberation? Yeah, it seems like they have a really good, you know, they've done a lot of work to put things together, went out and did… met their neighbors and everything, which is great, you know, did their own petitioning. I think we both have called out a couple areas where the alcohol policy was a little bit weak, but…

[94:00] Not anything that would personally cause me to deny the application. You know? But, otherwise, I felt pretty good about it. Yeah, I would agree with that. And thank you. I'll make a motion to approve this license. Is there a second? Member Carr will second the motion. Great. All those in favor, say aye. Member Roberts? Aye. Remember Byron's eye? Number car I. Perfect. Okay, good luck! Good luck with everything! Thank you so much, thank you! Thank you, and thank you, Kathleen Kellogg. I, again, I really appreciate you. People who, like us, we don't know the law, we don't know the stuff, everything very well, but you explained everything very patiently. Every time we call you, you just say, do this, do this, step by step. Really, thank you so much.

[95:00] Caitlin is the best, and also, our officer, Leah Reck, make sure you have her number. Reach out if you're having problems, definitely… She's a great resource if you have any issues and you don't know how to handle it. I'll send you her contact information. Perfect. Okay, thank you. Thank you. Thank you so much! Bye! Happy Lunar Year again! Bye-bye! nuis. Okay, give me a second while I get everyone situated here… Alright, we're going to move on to Agenda Item 8, which is public hearing and consideration of an application filed on December 5th, 2025, from FRC Balance LLC, DBA True Food Kitchen, 1755 29th Street, space 1080, Boulder, Colorado, 80301. True Food Kitchen Parent LLC 100% owner, with the business mailing address of 8605 East Raintree Drive, Suite 350, Scottsdale, Arizona, 85260.

[96:00] for a new hotel restaurant type liquor license. If you're here to speak on this matter, please go ahead and raise your hand. I see a few hands raised… Alright, and then I see that Mr. Sabin is present. There we go. Hi, Mr. Stephen. Hello, how are you? Good, how are you? Very good, thank you. Good. And you're the attorney for this applicant? I sure am, and we're expecting Aaron Kamlett, the General Manager, as well. I see Erin is here, and then I also see that Ms. Johnson is here. Ms. Carol Johnson. Perfect.

[97:00] Alright, Erin, I'll go ahead and, start with you. If you'll say your name and spell your name for the record, and give an address. It is Erin Kamlett. E-R-I-N? K-A-M-L-E-T. Thank you so much. And if you will, did you give an address for me? My address is 1990 South Holly Street. Unit number 2? Denver, Colorado, 80222. Okay, thank you. And if you'll go ahead and raise your right hand… Do you swear or affirm that the statements you're about to give before the Beverage Licensing Authority are true and correct? Yes. And do you swear or affirm that the premises has been posted for at least 10 days prior to today's hearing. Yes. Thank you so much. And Ms. Johnson, I'll just have you go ahead and say your name, spell your name, and give an address for the record again. Carol Johnson, C-A-R-O-L, J-O-H-N-S-O-N. 5515 Saddle Rock Place, Colorado Springs, for Liquor Pros.

[98:02] Thank you, if you'll raise your right hand. Do you swear or affirm that the statements you're about to give before the Beverage Licensing Authority are true and correct? Yes, I do. Thank you so much! I'll go ahead and hand it over to the chair. Great, thank you, Caitlin. This is a public hearing for the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of applicant FRC balance, LLC DBA, True Food Kitchen. For a new hotel, restaurant. type liquor license shall be granted. And, Mr. Stapen, are you okay with me wa- with… not with me waving, but with you waiving the right, the reading of the procedures? You are muted, I will say. I'm a pretty good lip reader, I'm pretty sure you said yes. Still muted. Can you hear me now? Yes.

[99:00] I'm sorry, I've had technical difficulties, so I'm on my phone, but yes, we do agree to waive. Okay, thank you. To the members of the authority, has there been any ex parte communication or conflicts of interest with this establishment? Member Roberts? No. Member Barnes, you're also muted. Member Cardinal. Just lost.

[100:04] Remember, Barnes, I should have asked you to unmute, so it should allow you to. Oh! She must have… must have kicked her out. I'll keep an eye out for her, make sure when she re… oh, there she is. We're just waiting for Member Barnes to re-enter. Okay, Member Barts is back in. And Member Barnes, I'm not sure, are you able to unmute?

[101:02] I see her back in the waiting room. I just re… Okay, there we go, just readmitted her. Sorry, sorry, my computers went down, I just died, so my apologies. You hear me now? Yes, we can hear you. I'm so sorry, my computer just… I don't know what happened, I just died, so I apologize. That's okay. Everything, so I'm, I'm so sorry. Okay, now I'm back, so yes, and no, no conflict, so… Okay, great, thank you so much. Alright, you may proceed if you're ready. We are ready, and thank you so much. Obviously, we'll have two witnesses for you today. One is Carol Johnson from Liquor Pros. You all know her well, we know her well, but she'll speak as to the needs and desires of the petition. That was circulating further into this H&R license in your backyard. And then also you're going to hear from Erin Camlett, and she has a lot of experience, not only in the liquor industry, but with True Food Kitchen. And we couldn't be more tickled pink to try to open our store here in Boulder. I think it's a perfect blend with what the city offers the people and the environment, along with a restaurant.

[102:05] So, without further ado, Ms. Johnson, can you hear me okay? Yes, I can. Oh, fantastic. I'd ask that the, Madam Chair waive the, or maybe take administrative notice of her background, that we can maybe speed this along a little bit, if that's okay? Sure. Thank you. Ms. Johnson, you… Liquor Pros was retained to circulate petitions in this matter, is that correct? Yes, we were. And, do you guarantee your results? No, we do not. Can you describe the authority, when you circulated the petitions, and what results were obtained? Certainly, we are a third-party neutral petitioning company. Excuse me, I've got a frog. We use the paperwork And the map that was provided by the city. The businesses were done on Thursday and Friday, January 29th and January 30th. The residents were done on Saturday and Sunday, January…

[103:09] 31st and February 1st into different sampling areas. We use the paperwork that is provided by the city, but we point out to each, people, person that we approach, the name of the business that we're petitioning for, the type of license, the hearing information, etc. We try to get a sampling in areas around, and try to stay away a little bit from, the one… the areas that we know are very heavily, college-age students. Just… it's not to waste time for having many, many contacts that are under 21. Okay, and as a result of circulating these petitions, what did you determine relative to the needs and desires for this applicant? We did 132 business attempts and 282 residential attempts for 414, of which we obtained 134 signatures, all in support. That was 63 signatures in favor from the businesses, and 71 from the residents.

[104:13] We had 62 who were not qualified, 38 of those were businesses that did not have an owner or manager available, 12 were non-residents, and 12 were under 21. We had 37 who declined to participate, 14 against company policy, the businesses that matter, 12 too busy, 8 not interested, and 2 people do not sign. petitions or surveys, and won no reason. So I do believe that this shows, that there is a need and desire for the new restaurant license. This has been under construction for a while and has had quite a bit of publicity, so a good portion of the both the businesses and residents, know it's coming and are very anxious for them, to be a new arrival in the Boulder area. I'd answer any questions you might have.

[105:02] Thank you, Ms. Johnson. I believe that answers the questions I would have had. The authority may have some questions of you. Thank you. Any questions? Not seeing anything? Okay, you may proceed, thank you. Thank you. I'd ask that Ms. Johnson be excused from the hearing if she has other matters to attend to. Absolutely. Thank you. Thank you. Thank you. Ms. Camlett, please. Can you hear me okay? Yep. You were sworn in, would you please state and spell your name for the record? Aaron Camlett, E-R-I-N. K-A-M-L-E-T. What is your current occupation? I'm the general manager of the True Food Kitchen in Cherry Creek. How long have you held that role? The general manager role for 2 years, but I've been with the company for 10 years. As a general manager, what are your duties and job descriptions?

[106:01] I oversee 120 employees. Yeah, I'm the… Do it all, every… they're there 5 days a week. Have a management team, 5 people under me. They all report to me. Yeah, run day-to-day operations. Would that also include the overseeing the sale and service of alcohol? Yes, it is. And during your two years at the Cherry Creek store, have you had any violations under your watch? We have not. What about prior to being the general manager at the Cherry Creek location? What did you do? I grew up in the restaurant industry. I've been managing since I… Good. I was at Shanahan's, Elway's, Del Frisco's. And then I decided to come to True Food, Kitchen in about 2015. I was tired of the steakhouse. Scene, and wanted to do a little something more casual.

[107:02] But I've been with the company for 10 years. And when you were working at the steakhouses, all of which are very well-known steakhouses with a lot of volume, if you would. Were you also involved in the sale and service of alcohol at those locations? I was. Did you have any violations there? No, we did not. Great. Let's talk about True Food Kitchen. What drove you to leave the steak industry, if you would, within the hospitality industry, to move to True Food Kitchen? I didn't have to wear suits anymore. That was a big one. The good food, good people, just bright atmosphere. just… It just is more me. Great, and since we're making a record, and the individuals that are deciding whether or not to approve the application may not have knowledge of a True Food Kitchen, what exactly is a True Food Kitchen? What theme? What do you guys do?

[108:02] Yeah, so we do serve good food. It doesn't make you feel sick afterward. We have no seed oils. juices… Just kind of unique bowls. We use all good ingredients, so, people are, you know, not wanting to do the bad oils anymore, and we are the first restaurant to exclude them. And so we are very well known for the ingredients that we use. And… just the service that we provide. How many locations does True Food operate throughout the United States, generally speaking, if you know the number? Yeah, so with Boulder opening, hopefully, end of June, it'll be 46. 46, and this is going to be the second location in Colorado. That is correct. The first location is located in Cherry Creek. Yep, Cherry Creek North. And why did the brass at True Foods Kitchen decide to open a location here in the backyard of Boulder at the 29th Street Shopping Center?

[109:04] Boulder has been begging us to come up there. We are… Bouldered through and through. The people that come to the Cherry Creek location are asked… are always asked when we're gonna be opening in Boulder. True food is bolder. Just the people that are there, the… how they treat their bodies, how they, you know, live. It is truly true food. I would agree with you wholeheartedly with regards to that. Talking about the location that you're looking to ask for the hotel and restaurant class license, how would you describe this location? Generally speaking, what is around it? So there's a lot of, shops, there's a lot of other little restaurants. I know there's BJ's, that's the only full-service restaurant near there. But we do really well in outdoor spots.

[110:02] I've only seen it a couple times, but it looks like it's gonna be… major, and we're gonna… I think we're gonna really crush it. I would agree with that, and so this is a shopping center, similar to Cherry Creek North. This is a destination location where folks living in Boulder and may… who reside outside of Boulder may travel to to do their shopping, enjoy some hospitality, and get a bite to eat. Would that be typically correct? Yeah, and we're right next to the Apple Store. And that's always busy. We're next to all the clothing stores. It's a lot of, you know, we do… we serve a lot of female clients. Cause that's, you know, we don't have a lot of beef, on the menu. But so that's a lot of our clientele. Okay, and let's talk about the floor plan itself. I know you're generally familiar with it. We're on the corner there. To me, that's kind of ground zero a little bit. You're on the corner right there. Why don't you advise me…

[111:04] Huge atrium, yeah. Right. Can you advise the authority what they're going to see when they walk in, generally speaking, and what this looks like? Yeah, so there's the host stand right when you walk in. Right behind it is the bar. And there's seats all around, like, the host stand. And then there is a patio off to the left. And then the kitchen is in the back, and then we are gonna have a coffee bar at a separate entrance. on the right. Okay, let's talk about the patio. Has True Food operated a liquor-licensed patio in the past? Every single one of our locations has a patio. And without any violations. No. What do you folks intend to do should this license be approved and ultimately issued to ensure their alcohol does not leave the patio, nor is it brought on from outside sources?

[112:01] Yeah, we have fines everywhere, no alcohol past this spot. We put them on all the rails, if there's an exit near them. But we have never had an issue in Turing… In Cherry Creek. What hours of operation do you intend to have at this location? With the coffee bar, it's gonna be a little different, so I'm gonna… I don't know about those hours yet, but for lunch and dinner, it'll be 11 to 9 p.m. So we're not looking to capture the bar crowd at 1 o'clock in the morning at this location. No, that is not us. And speaking of us, do you understand with this type of a license, you're required to have at least 25% of your gross sales be derived from the sale of food? What do you… Right. We're 80-20. And 80% food, 20% alcohol. Yes. And so the alcohol is there to complement the food, rather than be the driving force of why people would go to a true food kitchen. 100%.

[113:01] How many employees do you intend to have at this location? 140. Well, are they all mostly part-time? Some… most of them are gonna be part-time. Okay, and you're coming up from Cherry Creek to open this door, is this correct restaurant, I should say. I am. I'll be there for 6 months straight. And then I'll be at both locations, running both as an area leader. Great, and so you already have experience operating a lawfully operated restaurant in Cherry Creek that's also very busy, and you're gonna take that experience up here to Boulder as well. Yeah, we do about $180,000 a week. And so we're hoping that boulder is very similar to the Cherry Creek location. And obviously, we're here because we're asking for a liquor license, and the licensing authority wants to understand how you intend to be a good corporate citizen and not sell alcohol to minors, or over-serve folks. Can you advise the authority what you folks do to train your staff for what you're going to do? Kind of walk us through that a little bit, please.

[114:04] Yeah, we check every ID, anyone over, or sorry, under 50. We train our staff to check their IDs. We do alcohol classes by SurfSafe in Denver. I know it's a little different in Boulder. So our training team is going to get do that and have us this NMNR for all the staff. But we train everyone. to check every ID. There's no… there's no excuses not to. And you understand, in Boulder, like you said, it's different than Denver. Boulder requires state-certified in-person training, if you would, and you're going to ensure that all your staff that are involved in the sales, service, or handling of alcohol will go through that. 100%. And do you have a drink policy? Is it one drink per order, or can I get a bucket of beers, or help describe… help describe the environment in which alcohol will be sold.

[115:00] It is one drink per purse. per person. Okay, and you're familiar with the two forms of identification in Colorado? The vertical. We don't, we don't accept Vertica's IDs. And why not, Ms. Camlett? Cause in Colorado, it is under 20. Okay, so again, this is not your first rodeo, nor True Food Kitchen's first rodeo operating a restaurant with alcohol. No. Alright, when do you plan on opening this location with the sale and service of alcohol? Depending on all the construction, we are hoping slated end of June, beginning of July. Great. Do you have anything… I know it's been a long docket for these folks. We've had, like, 3 or 4 public hearings for new licenses. We're the last. Do you have anything else you'd like to advise, the licensing authority about yourself individually, and or True Food Kitchen, and what your plans are up there in Boulder? No, we're just really excited to bring the restaurant up to you guys. We… they've… the city has been begging for us.

[116:04] And we're very, very excited to finally have a location, and to finally be up there. Thank you, Ms. Camlett. I don't have any further questions. The authority may have some questions of you. Any questions from the authority? Only one question. On the, business capacity portion of the… The, application, it says, have you applied for an occupation load? And I was just curious, it says no there. Was that a typo? I don't believe Ms. Camlet would be the one to answer that, nor would I, honestly, Mr. Carr. I suspect it would be a typo. I mean, everything's going through the process and procedures that Boulder requires for planning, development, building. Permitting, all that stuff. Yeah, I was just curious where the business capacity, you know, what the seating capacity came from if you hadn't applied for the occupation. So, what was the question?

[117:03] It… the question under the business capacity, heading says, there's, what is the seating capacity of the establishment? And there's an answer, and then have you applied for an occupation load for the interior and exterior space? From Boulder Fire Department. Oh, okay, I don't know, I'm sorry. I didn't think… I can answer that for you, Member Carr. So the seating capacity is what they have to submit for their zoning review, and then we won't be able to do the occupancy load until they're at build-out with fire. Perfect, thank you. Okay. And thank you for that edification for myself, too. Any other questions? Okay, you guys can proceed. with closing. That was all we had for you and the authority. Obviously, Ms. Johnson testified to the petitions, and I'll wave a closing. I think we all understand where things are, and we appreciate your professional and knowledge in these matters as well, so thank you.

[118:09] Great, thank you so much. At this time, we'll close for board deliberation. Looks great. Yep, really comprehensive policy, comprehensive application. Yeah. Sounds great for the… That space, too, so… It's a great fit for Boulder. Yeah. I would make a motion to approve this license. Is there a second? Member Carr will make a second. Great. All those in favor, say aye. Member Roberts, aye. Remember Barnes and Eye? And Berkarai. Great, thank you so much for the comprehensive walkthrough, and good luck up here in Boulder! Thank you! Thank you so very much. excited. You too. Bye-bye.

[119:02] Okay, thank you, everybody. Let me just make sure everyone is situated. Looks like… Alright, perfect. Okay, we will move on to Agenda Item 9, which is show cause hearing concerning an alleged violation and whether the hotel restaurant-type liquor license held at Ados LLC, DBA Ados, 1143 13th Street, No. 101, Boulder, Colorado 80302, should be suspended or evoked. If you are here to speak on this matter, please go ahead and raise your hand if you're in the waiting room. If you're in the attendees' view, and you're here, the applicant, attorney, anyone who's here to speak on this matter, please go ahead and raise your hand. You're good, Mr. Allenberg, I'm just waiting for someone… whoever's… whoever's attending the meeting.

[120:03] I see that Mr. Sally Garrow is here. So I'll go ahead and promote him. And I believe… I'll wait for him to come in, but to confirm that his attorney is here. And it looks like… Jason Savella is his attorney. I don't see any raised hands, which is why I'm hesitant to promote if they're not really that person. Okay. Mr. Saluguero, I am asking you if you'll just accept that invitation to be promoted. And then if you'll just confirm that Mr. Jason Savella is your attorney? Oops, sorry if you're getting… okay, perfect.

[121:02] Yes. And I don't need to have a separate, I have the video up, but I don't need to be separate, we're right here. Okay, great. Thank you. All right, I will just go ahead and… before I get started, I just have one note here, for the authority that this applicant is currently in good standing with sales tax, but is not in good standing with occupation Tax. And then, they do have an attorney, Mr. Savella, and then… Can we… you just remind me, would you like me to swear everyone in first for show causes, or would you like to hear testimony from the city first? Is that a question for me? Yeah. Oracle. Whatever's easiest for you. Okay. Maybe Roberto has an opinion. Thank you. I was just gonna say that it's, it's a lot easier just to get it over with now.

[122:02] Perfect, thank you so much. I apologize, I can't remember the process for this one. Okay, Mr. Salgilero, if you will, well, let's have your attorney record their appearance first. I'm sorry? If you'll just mind recording your appearance, just name. This is Jason Savila, registration number 27843. Thank you, and then who will you have, with you testifying today? Mr. Salvrero. Thank you, and Mr. Sogiler, if you'll just say your name and spell your name for the record. Jose, J-O-S-E, Salguero, S-A-L-G-U-E-R-O. And provide an address. ADO? I'm sorry, D. Address? Yes. 1-1. 1143 13th Street. Unit 101, Boulder, Colorado, 80302. Thank you so much, and if you'll raise your right hand… Do you swear or affirm that the statements you're about to give before the Beverage Licensing Authority are true and correct? Yes.

[123:01] Thank you! Alright, I'll go ahead and let the city proceed. Thank you. This is Michael Alterberg on behalf of the City, bar number 60964. The parties have signed a stipulation agreement at this matter, and we move to have the BLA accept, this stipulation at this time. This stipulation does pertain to 6 of the 7 items that are currently listed in the original show cost document, which I believe is in the packet. in the possession of the BLA at this time. As part of the stipulation agreement, one of the seven items, was withdrawn from the city's contention, and we do not intend on pursuing that today. In addition to that, this city does reserve the right to, call its two witnesses, as notified… or noted in the The previously noted, Bring in the terminology. Disclosures.

[124:02] The disclosure statement about the People's Witnesses to help provide evidence and explanation of or aggravation of the violations of which we've stipulated to. Great, thank you so much. I would make a motion to accept the stipulation. Ticketmaster. I'm sorry. All those in favor say aye. Member Roberts, aye. River Barnes, aye. Remember, correct? Okay, stipulation accepted. I will go ahead and just read this into the record then. This is a show cause hearing concerning an alleged violation, and whether the hotel restaurant type liquor license held at Ado's LLC DBA Ados should be suspended or revoked.

[125:08] Attorney Savala, would you be okay with waiving the reading of the procedure into the record? I… I would wave. Perfect. Okay, and to the board, is there, has there been any ex parte communication or conflicts of interest with this establishment? Member Roberts, no? Remember Barnes, no? Member card now. Great, thank you. Okay, you may proceed. Just to confirm the city can proceed? Yes, please. Thank you. The city would like to call, the first witness, of which we would like to call today's, witness Kristen Teague, please. Good afternoon.

[126:00] By Ms. Teague. I'll go ahead and swear you in. You will say your name and spell your name for the record. Kristen Teague, K-R-I-S-T-E-N-T-E-A-G-U-E. Thank you so much. And I see your right hand is raised. Do you swear or affirm that the statements you're about to give before the Beverage Licensing Authority are true and correct? I do. Thank you. Hello, Ms. Teague, I believe you already stated your name and spelled your name for the record, so I don't need to ask that. But Misty, where do you work? I work for the Regulatory Licensing Division for the City of Boulder. And how long have you worked for this division in the City of Boulder? A little over 9 years. And what are your duties for the City of Boulder? As the licensing analyst, I take and process all manners of regulatory license types to include liquor and liquor renewals, as well as the associated supplementary applications that are required by both state and city of Boulder law.

[127:07] From your duties as a licensing analyst for the City of Boulder, are you familiar with the licensee subject to this hearing, ADOS? Yes, I am. And where is ADOS located? Edo's is located at 1143 13th Street. I think, I'm sorry, I apologize, that's 1149. 13th Street. And is that location in the city of Boulder State of Colorado? Yes, it is. As per the stipulation agreement provided to the BLA today, the licensee acknowledged, that they violated Colorado Liquor Code 47302A and the BLA Rules of Procedure Subsection 831 permission required. These code sections pertain to the modifications of the licensed premises in a manner that materially or sub… substantially deviates from the approval premises diagram. Did you participate in the investigation of the licensee's violations of this code section? Yes.

[128:00] Yes, I did. And from your experience as a licensing analyst for the City of Boulder. Are there any safety or welfare concerns? Should entity deviate away from its approved premises diagram? Yes, definitely there are. So for the 47302A, which is the state change, alter, and modify, Licensees are not allowed to make any physical change, alteration, or modification of the licensed premises that materially or substantially alters the premises or the usage of the licensed premises from the latest approved plans. Part of that is for several reasons. Number one, the premises diagram is approved by our Planning and Zoning Development Department as part of a liquor application. Secondarily, that premises diagram is approved by both the City of Boulder Beverage Licensing Authority and the State of Colorado to have on file. Those are used for… in several different instances. They would be through an inspection or investigation by either the state or the local

[129:09] Alcohol enforcement officer, or liquor staff, such as myself. So it's important that certain elements and aspects of that are exactly on the approved diagram that we have. Secondly, and perhaps Equally, or if not more importantly. is the life, health, safety aspect of a proposed diagram. Our fire department and our police department, in addition to any other outside agency for purposes necessary, should there be an emergency situation, such as our first responders having to, Arrive on scene in case of a fire. Or active shooter, or other types of disturbance, where they need to know the exact layout of everything that is on that diagram. Whether that be, you know, the tables, the chairs, the booths.

[130:01] everything. So it is absolutely critical from that life health safety perspective, as well as maintaining the fact that they're utilizing the approved premises that was done by both the Beverage Licensing Authority, the state of Colorado, and then the city's zoning division. So just to confirm, certain entities, such as the fire department and police department, they rely on the premises diagram that's been approved in emergency situations? Emergency situations, and then also for their regular inspections. I do have requests for those quite frequently, so, When they're doing their annual fire inspections, yes. And when was the licensee's most recent approved premises diagram for, this case? Certainly. That one was approved on… I'm just gonna have to, april 27th of 2016.

[131:01] So, To confirm the premises diagram that is actively being utilized by the fire department, the police department for emergency inspection purposes for the licensee is over 10 years old. That's correct. That's the one we're all… all of us that are authorized to use that, that's what we're using. Is there a way for a licensee to deviate from their approved premises diagram and still be in compliance with the aforementioned code sections of which the licensee has had acknowledged violating? Absolutely. So, if they… if a liquor licensee wishes to change their, existing premises diagram, there is both the city and state application process and procedures, along with the required forms, in order to make those changes. And those are very clearly prominent in… on our website, as well as the state website. and…

[132:00] According to your records, have they… has there ever been any indication that this licensee has ever applied to modify the premises diagram? No record can be found on any subsequent application from the original. As per the stipulation agreement provided to the BLA today, the licensee acknowledged that they modified their premises by constructing a patio on city-owned sidewalk and extended service to that area. Do you know when this patio is constructed? So, unfortunately, I don't know exactly when. I do know that it was sometime during the period where they were applying for a revocable right-of-way lease permit from the City of Boulder. And… when this was constructed, Did the licensee have a valid revocable right-of-way lease? Not exactly. The revocable was applied for… And… I do believe… 20… 17… I'm sorry, 2021?

[133:11] May, and it was granted in May. However, the problem is, is that it never was paid for, and to this date, remains unpaid for. That did expire in 2024. It was not renewed. And so subsequently, it's on a holdover status, so, And then, you know, there's a considerable amount of fees owed to the city that… because he's not paid them yet. So… From your statement, the right-of-way lease for the construction of the patio, was never in full effect, slash recorded due to the payment aspect? Not to my knowledge, no, it was not.

[134:01] But I need to… Note that that's different than a change, alter, modify. Okay. Ms. Teague. You noted there was an expiration date on the revocable right-of-way lease. What was that date? May of 2024, I can look up the exact… I believe it was, like, May either 17th or 25th. I can look it up if you'd like. For the purpose of the record, that should be an okay at or around that date. And you noted that there was an expiration date to the revocable right-of-way lease. Did the licensee ever make a good faith attempt to renew this revocable right-of-way lease for the patio that was constructed? Not to my knowledge, no, not that could be found. Outside of the initial, Payment to allow the revocable right-of-way lease for the patio area to come into full effect.

[135:03] You know, you mentioned that there were other fees associated. with this revocable right-of-way lease slash the patio constructed, in front of the licensee's location. What were these fees? So the fees, are the initial fee for the revocable, and then there's the annual lease fees. Thank you. So those have not been paid either. And that's… it's very clearly outlined in the revocable lease. What those fees are and how those are to be paid. And, does the city make the licensee aware of these fees? Yeah, it's in the revocable that they sign, and it… that's notarized. Is the licensee… Up to date with the fees associated with this patio location? Not for the revocable, no sir. And how much fees, or what's the total of the fees that the licensee currently is owed, or owes the city,

[136:03] Over… it's over $18,000, So we're looking at $18,627.66. And… In what ways do you notify the licensee of these fees? Those are, first illustrated at the beginning when they're entering into the revocable process with the City of Boulder, as well as having them… him sign that they're in there when they're signing the revocable lease. Right-of-way lease with the city, and then those are, are invoiced, I know that they currently now go through the customer self-service portal process, which Mr. Solguro does have an account for his… then he utilizes it for his liquor license, but it can be… it's utilized for several different types of invoicing throughout the city, including the revocable teams.

[137:00] and… From your experience addressing the licensee's circumstances, do you have any… do you, in your capacity, have confidence that the licensee will pay these fees soon? Based on the history for Mr. Selgauer with his operations within the City of Boulder since I have been there, payment has always been, An issue with them being severely delayed, or being in, arrears. For different types of things, different, monies owed to the city for different departments. As per the stipulation agreement to the BLA today, the licensee acknowledged that they violated Colorado Liquor Rule 47306, the change of trade name. This code section pertained to the… or pertains to the usage of trade name that differs from a licensee's recorded trade name. Did you participate in the investigation of the licensee's violation of this code section?

[138:02] Yes, I did. And from your experience as a licensing analyst for the City of Boulder, are there any safety or welfare concerns should an entity deviate away from its approved trade name? So, all of Colorado liquor rules are designed around health, safety, and welfare of the local community and the state. So, for the change of trade name, liquor rule. Basically, no licensee shall use a new business name or a trade name without submitting written notice to both us and the state, and it has to be, at least 10 days prior to the use of a new name. And of course, with that becomes, you know. signage, websites, advertising, and such and such. Part of that is… And a big part of that is, is we do find that individuals, and I'm not saying Mr. Salgaro was attempting this, but the reason, though, that rule is so very important is to know who our licensee is, should something happen.

[139:04] Right? And then also to make sure that someone is not trying to skirt around either a compliance violation, or a sales tax issue by trying to operate under a different name. And from your knowledge, do you know if the licensee that's subject to the hearing today, used their official trade or business name and documents and applications to the city? Unfortunately, he… Did make a change, So, we have him licensed as Ado's LLC, doing business as Ado's. But we have subsequently, through our investigation, found that he has been operating, in a different manner. Oh, with a different name. But in, an application, for example, has, the licensee used the ADOS slash, ADOS LLC name in their paperwork?

[140:04] Yes, it's been in several different rounds of paperwork for the liquor. However, the application for the revocable right-of-way lease, as well as what has been on the outside of the building and, permanent… and lettering on the windows, banners attached to the patio, and then on his website have been different. So despite, for the most part, using their official trade name, in documentation, the licensee is actively using signage and marketing with a different name. And, yes, and sign the revocable right-of-way lease with a different, Name. Thank you, Noah, for the questions for Kristen Teague at this time. Great, thank you. Cross-examination? Okay. Yes, sorry.

[141:02] Ms. T, what is the trade name that, was used that's different? That would be Edo's Kitchen and or Edo's Kitchen and Bar, both have been used. Okay. Does that make it difficult to know who owns the lease or the licensee? It does, because we have multiple businesses that use some form or another of a previous business name in their own usage, so, as part of a transfer, or of, like, maybe an LLC share sale, neither of which are true in this instance. We… but the first word is data, right? That is correct. Autumn. Autumn. Sorry, Otto. And would you agree with me that Otto is not the most common name? I wouldn't know, sir, I don't get into name… usage.

[142:02] And when's the last time that you've been by Auto's to check on the… whether the name has been, changed at all? The day we delivered the, show cause hearing notice in public. What day was that? One second, and I can get that for you. I do believe that we did that… On February 3rd. Okay, so you haven't been there in the last week? No, sir, at that time, my investigation was complete. You were speaking about, the… Fire, fire department and police, whether they were able to know the layout of the, of the interior.

[143:01] Yes, sir? Okay, can people see, through the windows from outside to see the layout? One could potentially, yes, on a clear, but if there's an active shooter, if there's a fire, anything that's obstructing the view. Then, yes, we definitely have an issue there with them clearly being able to see what's going on in case of an emergency. And due to safety reasons, I'm not a police officer, but I would assume that, you know, safety reasons, they're not gonna walk right up and press their nose against the glass. Okay, so you don't… you're not a police officer, right? No, sir. And you're not with the fire department? No, sir. And you don't know how they determine, the interior of a location, do you? I do generally, yes sir, because I've been requested diagrams before for emergency purposes, so yes, I kind of have a basic knowledge. So… That is one way that they've learned the interior, correct?

[144:00] is by utilizing our set diagrams. Yes, one way. You don't know… They like to see that before they're going out. Sometimes. So, having that knowledge ahead of time, I think, is pretty important. But you're not a police officer, so you don't know how important. We're gonna object to this, asked and answered, the… Sustained. Fair enough. And in what way, did the change in the, in the, interior of the, restaurant. How does that, change What a police officer or a fire department How they would act. Basically, what's on the license premise diagram is what is supposed to be there by law. So, if they're seeing that they've got maybe 6… 4 tops.

[145:04] And so, that's a table with 4 chairs around it. Then that's what they're expecting. If they are to go in and their obstruction, for example, would be obscured, or if we're in there to do our inspections for our own safety, we need to know what's there. So, if those aren't there anymore, it's a safety issue, right? We don't know what's there if it's not set up. That's a big problem. Are you an expert on police or fire entry into an area to do that kind of work? Not an expert, no, but I've been in enough liquor license establishments to know what looks right and what doesn't. Okay, and I understand that you can say the difference in how the change affects liquor licenses. Do you have the expertise to say how it affects a fire department action or a police department action? Not direct working, fire, or police.

[146:00] Operation No. But I can… I can't tell you that that's part of the reason why, in addition to it being state and local law. If we wanted to know the answers to those questions, we could have a fire department personnel or a police personnel to testify about this, correct? Yes, I believe so. Is there going to be somebody testifying about it? That you're aware of? Mr. Altenberg? We're gonna object that to speculation. Sustain. As far as the name change, Would… if he would have filed the paperwork, would you have, granted that name change? Yes, very… I don't think there would be any reason for us to not grant one unless they're not in good standing with the city. And as far as the changing of the, the business to change the,

[147:01] the tables to, some… having pool tables in there. Would you have granted that had you, applied for it? Actually, we do not grant those. Those have to go before the Beverage Licensing Authority. Okay. But you don't… require petitioning, so I can't say whether or not the Beverage Licensing Authority would have granted a modification to premises. And as far as the patio goes on the exterior, that was something that happened during, generally during COVID, when lots of businesses and restaurants were going out of business because they couldn't make money, right? I know that it happened during COVID. And, I guess what I'm saying is that During COVID, a person like, Mr. Salgaro is trying to keep his business open in whatever way he can. And is that correct? I'm not privileged to Mr. Salgaro's financials.

[148:00] An operation of his business. Just like this, right? I'm sorry, can you say that again? A business like this one is having trouble staying open due to financial constraints due to COVID, correct? I can't answer that. Objection to speculation? Sustain. Are you aware of whether, any businesses, such as a restaurant, like Mr. Salvrero's. Closed in that time frame between 2020 and 2022? In… in Boulder? Businesses in the City of Boulder have closed since that time. More than, than, than since then? I don't… I don't think so, no. We did see, an increase, but then we've seen it improve and come back Time over again, in the years since.

[149:02] I'm sorry, if you had more, I thought you were done. No, you're fine. Is it your testimony that COVID did not affect the restaurant industry, as far as closing? I didn't say that, no. Okay. So, would you agree that. Businesses closed during COVID, businesses recovered and even increased in the… in… after COVID, so I'm not quite sure what you're wanting me to say. Okay. I guess I'm trying to find out whether you understand how difficult it is to run a business such as this one during COVID. I'm not a business owner. That's what I have. Redirect? Just one question. Ms. Teague, Does the fact that, co… something happened during COVID alleviate a…

[150:02] Business from their financial responsibilities and their agreements. No, no it doesn't. In fact, the City of Boulder took several steps to, assist businesses during COVID. Such as expediting applications for modification of premises, outdoor dining, liquor occupation repayment plans, things like that that were authorized during the COVID period. So, we actually did try and help out businesses quite a bit to be successful. Thank you. No further questions. Any, questions for Ms. Teague from the members of the authority? Thank you. Not seeing any? Okay, you may proceed. Is that for me? Yes, sorry. Thank you. Oh. I'm sorry, it's, Attorney Altenberg. Still… presenting. Yes, the city would like to call our second witness at this time.

[151:01] That being Officer Leah Reck. If I can interrupt really quick, Officer Reck, I'm just gonna go ahead and swear you in. If you will just say your name and spell your name for the record. My name is Leah Reck, L-E-A-H-R-E-C-H. Thank you so much. And I see your right hand is raised. Do you swear or affirm that the statements you're about to give before the Beverage Licensing Authority are true and correct? How are you? Thank you. hello, Officer Reck, can you please state your occupation, please? Good afternoon. I am a police officer with the City of Boulder Police Department. How long have you been employed with the Boulder Police Department? 25 years. And what are your duties with the Boulder Police Department? Currently, my duties with the police department are alcohol enforcement officer. In your professional capacity as an alcohol enforcement officer, are you familiar with the establishment known as ADOS, or ADOS?

[152:02] Yes, I am. Did you participate in the investigation into the licensee's violations pertaining to the modification of premises? Yes, I did. And from your experience as a member of the Boulder Police Department, do you know if there are any safety or welfare concerns? Should an entity modify the premises away from its approved premises diagram? I do believe that there are, yes. And what are some of those, aspects that you, believe exist? Well, I believe that, if… The premise gets modified, and there's a modification of premise, and we have something on file that shows one, premise layout that's been submitted to us, and then the modification, or that the The establishment changes that modification, that's misinformation that's sent out to our officers, what to expect should there be A fire, an active shooter, any other emergency situation, an individual or patron inside who needs help, that would

[153:04] you know, if our officers don't have the way or have the knowledge of what the layout should look like, then I think it could pose a serious problem. Thank you. As per the stipulation agreement provided to the BLA today, the licensee acknowledges, that they violated Colorado Liquor Code Section 443901, unlawful acts, Hour of Service, and Colorado Liquor Code, or Liquor Rule 47900, Conduct of Establishment. The second of which was violated on two separate occasions. These code sections pertain to the hours of which licensed entity is able to serve liquor, and how a licensee is required to conduct itself on the use of its own premises. Did you participate in the investigations of the licensees' violations of these code sections? Yes, I did. As noted in the stipulated agreement provided to the BLA Today, it is noted in the stipulated agreement to the BLA Today, but may you clarify

[154:02] Who participated in the sexual acts in the June 2025 incident? The participants in that incident were the owner, the licensee, Mr. Salgiero, and a female employee. And what kind of sexual acts occurred, in the June 2025 incident? The sexual acts that were occurred were actual, intimate sexual relations, within the establishment. And when you say in the establishment, is there specific locations that this occurred? Yes, it was noted that the sexual interactions occurred on a booth, or in a booth, I should say. It looked like there was a couple different locations. However, the one that's of note was on a booth that was near the front windows, or in view of the front windows.

[155:00] And, during this June 2025 incident, what time of day, did these sexual acts occur? So, it's not specifically stated as to the exact time that it occurred, but it did state that it was after the kitchen closed at 9 o'clock, but it sounds like before the business actually closed up for the evening. So your investigation, was able to determine that occurred? Objection and motion to strike. The… if the witness does not know when it happened, then she should not speculate when it happened. Overruled, or… Sus… okay. I'm not sure… Is… what's the objection? To… thank you, Roberto.

[156:00] I, chair Roberts, I would suggest just reminding the witness not to guess. If she does not know the answer to something, she can always say that she doesn't know. Perfect, thank you. Officer Reck, please refrain from guessing, and if you don't know, that's perfectly fine. Thank you. You may proceed. Thank you. Officer Reck, to… reword or to rephrase, or to ask the question in a different manner. From your investigation into the June 2025 incident, was the, Licensees still open for business when the sexual acts occurred? Yes. And were there any, patrons, in the licensed premises when these sexual acts occurred?

[157:00] No. As the licensee was open for business and the sexual acts between the owner slash licensee and the employee, occurred in… The booth area near the front window, is it reasonable to assume that a patron could have entered? The license establishment as this was actively occurring? Yes. Was alcohol involved during this June 2025 incident? Yes. And was this alcohol, obtained from this licensed establishment? Yes. And you noted, that this happened in front of the windows, correct? That is correct. It is noted in the stipulation agreement provided to the BLA today, or… correction, it is noted in the stipulation provided to the BLA today, but May you clarify who participated in the sexual acts in the May 2023 incident?

[158:03] The participants in the May of 2023 incident were the owner, licensee, Mr. Salgiro, and two females, one of which at the time was under the age of 21. And what kind of sexual acts occurred during the May 2023 incident? So there were quite a few. There were sexual acts committed, or several incidences of sexual interactions between the three of them in different areas of the establishment. And what areas, in the establishment did these sexual acts occur? of the video surveillance that I observed, it was on a table. As well as in the booth area. And again, I did not watch all of the surveillance videos. I would say there was close to 75 to 100.

[159:12] During the May 2023 incident, what time of day did these sexual acts occur? According to the surveillance videos, they happened between 2 o'clock in the morning, and 3.15 in the morning. And was alcohol involved, during this May 2023 incident? Yes. And was the alcohol obtained by the licensed establishment? Or attempt unlicensed establishment? Yes. and was alcohol consumed or provided, by all three during this incident? According to the videos, yes.

[160:02] No, you mentioned, a surveillance footage. I'm sorry. I didn't hear the last answer. The answer was yes. And you said according to what? According to the surveillance. And the statements, alcohol was involved, and it was consumed on the premise, from the premise. You mentioned as part of this, the investigation into this, there was surveillance footage, correct, that you observed? Yes. And… you had the opportunity to review, this surveillance footage as part of this investigation? Not all of it, but… Several pieces of it. When you say several pieces of it, what can you, specify? the surveillance footage that I viewed was… of the licensing, Mr. Salgiro.

[161:00] And we're talking about the 2023 incident, correct? Yes. Mr. Salviro, and then the two females inside the establishment. I was able to view video of them consuming alcohol after. 2AM. As well as the sexual acts that were occurring. During that time frame. And then also during the video, I was able to see that there were two pedestrians standing out in front of the business establishment, in front of the windows. On the patio area. How long… you just mentioned that the two, civilians in the footage, how long were they standing there in the surveillance footage? within… View of the camera. So when the surveillance footage cut in, I started, or I watched the time, and then when it ended, it was just over 2 minutes that the individuals were

[162:06] standing there, although I cannot tell you how long before they were standing there, just because that's where the surveillance footage cut in. Hmm. And… While they were standing there, were the sexual acts actively occurring? Yes. And this was, inside of the window. Yes. Were the, when the sexual acts were occurring, were the parties all partially clothed? there were… One of the females was completely nude. Mr. Subura was partially closed, and I think In different video clips, the other female was… partially closed.

[163:01] Was, the licensee ever contacted by PBD, or BBD as, the… as part of the original investigation into the May 2023 instead? Yes, Detective Byers, contacted him. And as part of that contact, did the licensee ever make any statements about his liquor license? He did, according to Detective, who is now Sergeant Byers, according to his report, yes. And… Good. You're saying? Oh, go ahead. Chair Roberts, this is a reminder that in these types of proceedings, hearsay is allowed. Okay, great, thank you. Overrolled. And go ahead and answer that question. Yes, you made… Okay, thank you. So when Detective Byers was interviewing Mr. Saviro, he made mention

[164:02] Twice in the report, that he knew he should have been closed at the time of the incident, and that was at the 2 o'clock hours. So he was hesitant to provide the video, but because he knew that it would show that it was after 2 o'clock, and he knew that that was a violation. And then the second incident, where he made mention of it was, When Detective Byers asked for a full copy of the video, and Mr. Selgera stated that he would provide it, but added he was concerned about his liquor license and serving people… Thank you, no more further questions at this time. Cross-examination? If I can have just a second. Sure.

[165:33] Officer, Reck, you said you were a police officer for how long? 25 years. As of January 8th. 25 as of January 8th. 25… okay. And, what, what experience do you have with Boulder Police or any other police agency?

[166:00] So I've been a patrol officer during that time. I worked Pearl Street Mall for 8 years, I was a school resource officer, and I've been a liquor enforcement officer since November of 2020. 4, as well as I assisted the other liquor enforcement officers with, compliance checks and restorative justice meetings. When you were on patrol, what hours were you on? I varied. I worked pretty much every show. Other than nights, I never work nighttime. How often did you, go on, go to, to, bars or restaurants for any purpose? So I worked Pearl Street Mall. I did the bar hours, or I would say a swing shift from 5 p.m. to 3 a.m. for 2 years. And during that time, we did consistent bar checks.

[167:00] Did you… Before you went into a bar, what did you do? To prepare for that. I called out to my dispatch that I was going to do another bar check. Okay. And I took a partner with me. Did you obtain the, The layout of the bar before going into the bar, too? Not… not in that capacity. We were pretty familiar, as we were… do consistent… walkthroughs, but again, that wasn't in an alcohol enforcement capacity, that was… doing bar checks, I wasn't searching for If they had liquor in the correct spots at the time, we were searching more for health and safety over service concerns in that capacity. That has changed since I have become an alcohol officer. As an alcohol officer, Before you go into a bar, what do you do?

[168:02] My hours are typically daytime hours, where I'm doing more of, the inspections and the regulatory piece, compliance checks. However, on that note, I have provided my neighborhood impact team, which mainly focuses on the Hill. layout of all the establishments. I'm working with licensing to get layouts of all those establishments, as well as occupancy load, and working with the fire department. They have created a general order to determine what to do should those, licensed establishments become over-occupied. When you say they're working to do that, what do you mean by that? Which part? You said the fire department is working to, to get, A process, it sounded like. So, they have a general order in place because of that, because they want to make sure and ensure that occupancy is…

[169:00] Correct, and that it's posted correctly, so that when officers do those compliance checks. They know what the occupancy load should be. And along with that, we get a layout. What is the occupancy for, autos? I would have to ask the fire department that. That is not… I have a copy of the layout. But that is something that we're… Working with the fire department to make sure, and… I think that the licensing department could speak to that, that they're working to make sure that those are updated when those renewals occur. When, when you started being a, liquor enforcement person, did, did all of the police department, Did the police department have the layouts of all of the restaurants on the hill? And bars? Not all of them. The ones that we were called to quite frequently, absolutely. I provided them with contact information, the layoff, the occupancy.

[170:03] And, did you go with them when police would go into those? Establishments for some reason? I think you've asked that. I, haven't… I typically work daytime hours as I do more regulatory, but on occasion, I do go do walkthroughs with the officers, as well as I view their body cam footage on… almost on a daily basis when I'm at work. And the body cam footage is of them doing walkthroughs. And those walkthroughs are during the day. No, when the bars are open at night, since I'm not here. Do the body cams show them reviewing the layouts before they go in? No, because they pretty much know them, since there aren't very many establishments that they'd have to memorize.

[171:00] Which is how I was alerted that there are pool tables. I'm sorry? That's how I was alerted that there were now pool tables inside of the establishment at NATO's. Okay, and so, an officer had done a check at night and alerted you to that? Yeah. Okay. And… Other than alerting you to the, presence of pool tables, what… what did the officer know? Anything else? I'm not sure of your question. Was there anything else that the officer, reported to you other than the presence of pool tables? Probable man. On December 11th, 2025, when the sergeant did a walkthrough, he noted that it was very overcrowded. And they also noted that when they did their walkthroughs, that the establishment cleared out quickly.

[172:10] When he said overcrowded, are you saying that he's saying that it was over the occupancy limit? No, just made a mention that it was very crowded, as the word was, overcrowded. So you don't know if it was over occupancy, if they just said it was crappy. They said it was in their body cam footage, again, this is one of them. I noted… I watched the body cam footage, I heard them say it was overcrowded, very crowded in there, but after they got done walking through as they're walking out, it had emptied out. You were talking about, the May 23, 2023 incident.

[173:07] And you said something about the camera or the video cutting in. What does that mean? So there were, like I said, between 75 and 100, clips, snippets of video that were provided by Mr. Salgura to Detective Byers, and again, I didn't have time, nor did I want to look through every single one of those videos, and so the one that I saw, where I noted that there were people standing out front. It looked like the people had already been standing there when the video started, so I cannot tell you how long before that video started that those people were standing out on the patio, kind of Loitering in front of the businesses, if you will. Were any of the video clips from the exterior pointing into the restaurant? Again, I didn't look at all of them. The ones I saw were

[174:02] Only in regards to the violations that we're speaking to here today. Okay, and, Where was the booth located? How far… where was it located in the restaurant that the sexual acts were taking place? I would have to just guess on that, and I'm not allowed to guess. Okay, so it could have been… it could have been anywhere in the restaurant. Avoid… excuse me? It could have been anywhere in the restaurant, correct? It was, on the restaurant side, And I would save… 3 tables back? From the window? And, can you give us a… well, never mind. Fair. Were you ever a part of SWAT?

[175:00] Nope. Have you ever trained as a fire, in… with the fire department as a fireman or fireperson? Nope. Have you ever worked on an active shooter case? No. Thank you very much. Alright, did you… Alright, I'm done. Oh, okay. Redirect? Just one quick thing, Officer Reck, you mentioned that, the officers Notified you immediately when they noticed the pool tables, were… premises, She did not say immediately.

[176:01] My apologies. You mentioned that the… you were notified when they were, they noticed that the… Pool tables were in the premises. Why did they notify you of this? Because they had been doing the walkthroughs, and they had mentioned that they had now had pool tables in there. That was around, December… the December 11th. Is there, a reason why they would notify you that pool tables were all of a sudden added to this location? It changes the dynamic of the layout and… What's going on inside? In violation, she's being asked to say why another officer informed her. Good luck. Because hearsay is allowed, I will overrule. I'm… I'm sorry, I… I don't think… if the… I don't think the question was, what did they tell you as to why

[177:02] But I think they should… Can you say why that they did this? Which would be looking into their brain and saying what they were thinking. If they said it, which… Chair Roberts, just to make this very simple, what the lawyers are saying is that she's being asked to guess again. Okay. Thank you. and hang on, Council, just as a reminder. These are our lay individuals that are members of this board. If you have an objection. Please make that objection in a manner that is not full of legalese. Thank you. Okay. Thank you. Officer Reck, please refrain from guessing. Thank you. You may proceed, Attorney Altenberg. No more further questions at this time.

[178:01] Great, thank you. Are there any questions from the authority for Officer Reck? None for me. Not seeing any. Okay. Thank you so much, Attorney Altenberg, you may continue. That is the conclusion of our two witnesses. We do… would like to have them remain here in case we do need to recall a witness for the purposes of, Possible testimony, in regards to the, licensee's case. Okay, thank you so much. Attorney, so… Sova… I'm sorry. It's Sabala. Savila. I even wrote it down phonetically, and I said it wrong. I apologize. Savila. Are you ready to proceed? Yes, can I ask, did… did the board get the mitigation that we supplied? I know it was late, some tomorrow, or some yesterday, and some this morning.

[179:08] We got the stipulation today… It would have been in an email, in an exhibit to the board, and it is also available on the public website. Separate from… It came in the same email to the board, so there was two exhibits. One was from, the licensee, and one was from the city. Yes, we do have that, thank you. Okay, so I'll… because you have it, I'm gonna go over it briefly with, Mr. Subware. Mr. Subware, Did… did, you supply through me to the board. The proof of training for all of your liquor servers? going to object this time. This is, testimony, and Mr. Seligro has not been, sworn in at this time? Or, actually, was he sworn in beforehand?

[180:03] Thought he was. Mr. Zaguero has been sworn in. Okay, sorry, my apologies. Then, I will, withdraw my objection. I'm fine. So you… that includes the, proof of training form? Yes. And then every… each, individual's, certification from, Yes. Where they were trained? Yes. Did you also, supply a alcohol service policy? We did. The alcohol service policy was, is something that the, servers need to understand and follow? Yes. Does it include, incident reporting, forms and that sort of thing? Yes. If this, what this could be, what is that about? And, did you supply a, recent lease agreement with the building owner? Yes.

[181:09] Okay, and recent meaning after the, the… After the request for a, termination of the lease by the building owner? Yes. 70 pace, because… And did you supply, proof that you had, paid the State Department of Revenue for, taxes? Yes. And that's your liquor taxes, correct? Yes. And those are since, I believe, April of 25, or… Well, we originally got the… When I dropped the application last March. I guess that one went missing, and in August, October, when I got my hearing, I was told to do a…

[182:02] A cashier's check for that one? Then, I guess, a month or two later, I was told that I had to do it again, and then… I got an email saying that that one was also misplaced. And today, I wind up paying it online, just to get it over with. Okay, and that, that is, $750. A $750 renewal fee, and we've supplied that to the board, that was supplied after the first emails. And I can find the date and time of that email if you need, but that has been paid. Correct? Yes? Okay. And then, Do you use ID checkers at your establishment? We do. And did you supply photos of those ID checkers? I did. Okay.

[183:04] And did you change, signage and such on the establishment, to reflect the original name? I did. And is there a photograph of that? Yes. And… and then, did you take pictures of the pool tables as they are covered with an indication that they're no longer available for use? Yes. Nope. Have you ever been found to have, Sold alcohol to a minor in violation of the liquor board rules. Never. on Thursday.

[184:03] Were you trying to hide the ownership of the, restaurant, by changing the name? I was not. Okay, the… do you think that with your name. add-o's on there that anybody would have known what it was? The reason behind that was… There used to be Abel's Pizza up here. With a B. With a B. And… Most people would have thought that we were… Able's Pizza, or Otto's Pizza, or we were what they were looking for. So… I decided to add the kitchen So that people would understand that it was not Abel's Pizza, and we were still a restaurant,

[185:02] You know, we kept it that way for almost 10 years, and we never had an issue. we grew that way, we… I try to… Make people understand through… The words that we were a different place. than… just ate those because of that, because… Of the confusion in between the two. And it was, to me. the way that I thought was gonna separate the both of us by still trying to make people understand we were at a restaurant and that we had food. Okay? Do you understand the board's concern with that change of name without filing the proper paperwork?

[186:03] I… I understand that, yes, but I was also under the impression that because Otto's was there, it was, to me, just a mere trying to explain to the public that we were not Abel's Pizza, and in fact, something different. I also can… I considered it harmless. I apologize. Thank you. After this is over, if you still can remain open, are you gonna request the name change properly? Yes, she's not official. So… The, there was discussion of a June 26, 2025, incident of sex at the, at the restaurant. Yes. Was that, during, business hours? No. Was that after business hours? Yes, yes. Was the door… front door unlocked?

[187:08] It was… Actually, it was before… Before 2AM, and it was during the summer, we had closed earlier that day, there's no business, locked the doors. And, that's what happened. Okay, so the business was not open to the public at that point. It was not. And then on the May 23rd, 2023, that was after hours as well? Yes. Okay, the business was not open to the public? There's, indication that, people could have seen what was going on from outside. Do you have a belief about that? I've been in this building for 10 years, still over 10 years. Once the lights are off, there's no seeing inside. It's really dark.

[188:03] And, there's just… hardly any chance that anybody can see what's going on inside. Now, the claim is that the lights were on. They were, in fact, off. They were off, okay. During some time, yes. With the lights on at night, can you clearly see inside? Maybe. Not fully. I still think it's pretty dark. Been the theme of… The restaurant not to have that much lighting, but they were… The clip that… the detective saw… Clearly, clearly says it. It was… it was dark. Mmm. Did the officers, on December 11th that came through, the restaurant, did they say anything to you about the pill tables? They did not. Okay.

[189:17] The… have… let me ask, has business been good in the last couple of years? No. Tell me about it. Cool. all of… Our problems here, and yes. Christian Israel. I tend to struggle financially. when I first moved here and opened up, I never expected This area to be… This hard-to-do-business thing. I learned quickly. That this area is unforgiving.

[190:03] The sheer amount of restaurants that open and close on the Hill have been greater than 12 that I can remember. An average over one a year. since I've been here. The only reason why I… I'm still here is because I am a hard worker, stubborn, that doesn't know when to quit. We go through… I've come to terms that we've come to… Probably six and a half months of decent business, and about five and a half months of terrible business. Especially the last couple of years, especially 2025. It was… it was brutal. It was brutal to the point where… as this body knows, I was… Under serious stress, Late… in October to November.

[191:05] that month's suspension that I was given September to August, just… Sync may even… deeper into a hole that I was already in. And… one day, I was here since 9am for my brunch. And 3 people had walked through my doors. at 3 PM, full 6 hours. I thought of myself, I cannot continue this way. I… I cannot change the fact that I'm on the Hill. I cannot change… the fact that I am… my food for 10 years Hasn't done it. even though I believe in my heart. And for what people tells me is some of the best food in Boulder.

[192:04] But it has never been enough Never. 10 years. I… I… I should have quit, but… this is all I have, this is all I can do, this is… my livelihood. I decided to… Give one pool table a shot. people immediately started to look. People started to come in. And… Then I thought, too. And then some of my… my closest regulars at the time was like, hey, man, you look… you're doing good. It's getting better for you, and… it has since been one of the reasons why I am slowly climbing out of that gigantic financial… toll that I found myself because of 2025,

[193:02] I caught up with the landlord, I caught up with the back city, with the… City, or the tax owed to the city, Sit. I'm almost caught up with the state, in fact, that today we received that, hey, we're good to go, except for this payment, which, again, I was under the impression that has already been done, because I gave that cashier check back in October. So, I paid it today, and it's been… it's a financial struggle. Usually, little guys like I, like myself, we don't come to Boulder, and I should have listened when people said, don't do the hill. I've seen millionaires open up Rosenberg. only to fail within a year. I've seen millionaires open up Gaku Ramen with another concept close to mine.

[194:03] I remember them with heart, because I… Because prior to 2020, which I believe was… harder… for businesses to get a liquor license here in Boulder, We managed to get one. I remember a first public hearing, I don't… I doubt that any of you guys moved around. we were serving fresh seafood, fresh scallops here. The community got behind me, emailing the BLA, we need this guy to have a liquor license. And for the past 10 years, I remain… I remain… I remain true… True to that concept. True to the concept of good food, good wine, trying to draw adults to the hill. Unfortunately, it's never been enough.

[195:00] It was never enough. I was staring at death. I was staring… I was staring at… the end of everything, when I've given it my old. to try to change the hill. Those were my exact words on my first appearance to the Liquor Board. I can't… I came cocky, I came like, my food is so good, we're gonna have a line out that door. Never translated into that. People can come in. While… be amazed of our food while waiting for their table at the sink. So, I'm hearing you, it sounds like you've had a lot of trouble, but you're trying to adjust so that you can survive, is that correct? It's all about survival, has helped me.

[196:01] I… last… our last public hearing, My heart sank, because… For the first time, the pool tables came alive. I'm like, what must one do? I'm trying to pay… $10,000 every month in rent alone. My last 3 days. Because we stopped serving the… we stopped using the… the… we stopped doing the pool tables that week. My last 3 days, Sunday, I sold $40 or $61. Monday, I sold $40. Yesterday, I've sold… 92… $92.25, for a total of under $200. I still have our food.

[197:01] The chicken marsala that got at one point a 4-star review from the Daily Camera is still here. Our burgers are still here. Our paninis are still here. Our salads, the famous Brussels sprouts that we do, are still around. I don't know what's good… what is going on in this world right now that small restaurants like mine cannot draw people in. I have… I have spent thousands of dollars in advertisement. in… Trying to be, like, how do we get people here? And my stubbornness wanted to give the Moxie a shot, because that's when I first opened. Those places were a rumor back then. None of that has helped. In fact, I… I would argue it's made it a little worse. They have…

[198:01] their own things going on. They're not necessarily sending people our way. Ajax is pretty good, I'm not gonna say not, they have money, it's a beautiful restaurant. less chance. Let me ask you a couple questions, okay? You've heard the complaints about needing to file the right paperwork in order to change your name, right? Yes. Are you gonna do that? Yes. You've heard that you… the complaint that you need to file the correct paperwork in order to do the pool table. Are you willing to do that? Yes. Through this process, and through what's been going on here, have you learned a lot more about what you need to do in order to keep your liquor license? I have, yes. Are you willing to do those things? Yes. Okay. One more question about the, the photographs. I talked about the photograph that showed that you, had changed your signage, right? Yes. In that photograph, it shows, the patio area, correct? Yes.

[199:08] And, what do you… what is different about the patio area from a couple of weeks ago? We removed those seating. And the tables have been, turned over, so they're not being used. Oh, so… there's no way that somebody could… Well, are you serving out there anything? Whatsoever? They… our patio was actually… It has been there since COVID. It was part of the requirement for us to keep open. I actually… it's been so long, I apologize. It's been… I believe that I tried to apply for that. Prior to the pandemic, if anything. I don't remember signing anything other than applications. I don't remember being approved for it. I honestly thought that it was the one positive thing we got out of COVID.

[200:10] And I was completely unaware of it. Are you willing to do the paperwork, and pay the fees to open that up, if you can? If I can, yes. Okay. I, I assume that, that, you might have some questions from some other folks, okay? I don't have further questions at this time. Thank you. Redirect? Oh, I'm gonna cross. Great. No question. Cross, cross, I'm sorry. Awesome. It's all good. Out of curiosity. Mr. Otto, you mentioned obtaining, certificates, Can you please, reiterate? There's a lot of testimony. Can you please reiterate what the certificates were for again?

[201:06] We did submit it, yeah. I have… So the alcohol treatment certificates? All of them are pretty recent. You have to remember that I do consider the change. Basically, since mid-last month, Because… When I decided to do this, it was… I was staring at the worst… 60 days of… just… Let him ask some questions, okay? Okay. So yes. So alcohol, training. When were those certificates obtained? like I said, just fairly recently, Most of the crew, it's newer. Because, again, just prior to me doing a switch, we really didn't need that many people.

[202:06] When you say fairly newer, do you have exact dates? Yeah, we have, Casey. He worked for me probably prior to, to COVID, but he just recently came back. I asked him to see if he could help me, probably mid, mid, December, So, so did Wendy. She's always been kind of, like, helping me, and I should, as of recently, again, December, I've asked them to come back. And I recently hired a couple of bouncers. Olivia Chambers is probably the one that has been with me since mid… or mid-year… July, probably, sometime last year, and mine was last year that I got my education.

[203:03] So, just to confirm, because I want to make sure I'm understanding things correctly, the individuals you just listed, they obtained their training, their certificate on those days? I think, we got, yeah, we got, Wendy, she got it, and… I wanna say, yeah, February. They've gotten them in February. What? Hang on, what does that say? That's a previous, previous, previous. Right. Yeah, so they've had, you know, some 2019 They've all kind of been trained before. If that's what… But the certifications that you are, speaking about are ones that just occurred this February. Yes, I didn't have a need for people. Up until recently.

[204:02] So there you go. I have 2 months, right, or 60 days? After I hire somebody. And do you know… is there a specific date in February that you know when these were occurring? They got, I know Wendy got it at 12. Casey probably got it the 12, too. It should be the 12 or the 13, and… Caleb got it, back in… in… or actually, yeah, 2011, or, February 11th. And, earwing in, january. Thank you. And the service manual that you were speaking about, when was that, created? I've always had one, but it's been created recently, yes. When you say recently, when was it when… do you have a date or a general idea?

[205:02] About a week ago. So… According to testimony, and, from Ms. Teague, the show cause was provided to you on February 3rd. It… Did you… Outreaching. After the show cause, these were obtained, it appears. Okay. Is there a reason why you waited until after the show cause? To obtain these certificates, and to create a service manual? Isn't matter. Well, I… the certificates, like I explained, everybody is fairly new. I know that it's something that I like to hire people… that is… it's probably more convenient to hire people that are already trained certified, or TIP certified, but again, this is a need that I didn't have before, so…

[206:09] Obviously. once I was served with this is, alright, this is… let's get it done. I see… I still think that I did it within the time frame of needing to do. I… before all of this, it was just pretty much me and Olivia doing this, throughout a good part of last year. And you mentioned that the… you have the pool tables covered up now, correct? Yes. Are the pool tables still there? Yes. - You mentioned something along the lines of, being up-to-date with your payments, is that correct? Yes. Does that include the $18,000, that the… Ms. Teague is testifying to… testified to about the city?

[207:07] I wasn't even aware of that until today. Because of… Is it… Your testimony is that you're unaware of that, Ms. Teague testified that the city, sends multiple avenues of notifying you of this. Is there a reason why you weren't notified? I… I have no idea, no. Oh my god. Aside from the $18,000 payment, is it your testimony that you're up to date with your payments? Did I what? That you are up to date with all of your other payments. Other than, the… I guess it's time for the… this year's occupation tax. I should be good. Do you know what the… this year's occupation… occupation tax might be?

[208:06] I know it's 1600, usually. And… When was that due? It was due… I think it was due… I don't know, I actually don't know when it was still, I apologize. I haven't seen it. I know that I… I received an email today saying that it needs to be paid by… the 5th, or by at least the 5th of March, I saw that email today. you mentioned as well that the… During the 2025 incident. But the lights were off, correct? They know the 23. Okay, I just want to confirm there was some questions about that between you and your counsel. Lastly, I just wanted a question about… you expressly stated that you have not sold alcohol to a minor, is that correct?

[209:12] That is correct. So to the best of your knowledge, as of today, we have not served alcohol to a minor? I… I have not failed a… Sting operation. And I have… compliant with trying to check, or checking IDs, even scan them, so… 10 years, I've never failed an operation. But your testimony earlier mentioned that you… Oh, you need to say hi. Have not been found to have sold alcohol to a minor, correct? Well, because the allegation of the 2023rd Points to the… to the fact that one of the ladies was underage.

[210:02] I'm pretty sure I checked her ID, and if she produced a fraudulent one, Yeah, I still did my… it must have been a good one. Outside of that incident, though. Have you… do you have knowledge of serving alcohol to a minor at all? No. Okay, no more further questions. So… A little redirect? Okay, The records that you supplied about the training, do they accurately represent what the training is? Yes. Okay, and all of the people on that list had training prior to their, Prior to being hired, except for, it looks like, irving, that's kind of… that's the first shot that we're giving him. Irene? Irving. Irving. Irving, yeah. And Irving was just hired, very close to the date that he yesterday. Yes.

[211:13] And then, have you had a non-written alcohol policy at all times? Yes. And did you review your alcohol… your verbal alcohol policy with anybody that served alcohol at all times? Yes. And do you think that that… that your review of alcohol… your verbal alcohol policy worked? Yes. Why is that? Again, we… I believe that when a police officer, now that I know that it was a police officer that contacted the detective. They… they noticed an increased Business on our side.

[212:00] We never… the reason why we were out of the spotlight is we were never busy. And that's why they're like, oh, Ados is busy now. Let's go see what's up! And I… that's, again, what I get. May or may not be, but… We have never… been, again, you know, not doing. We've always been known for the place on the hill that does better than most, and I don't know if I… I kept it that way, hence my struggles. Hence, if I can paraphrase that, as I'm hearing you, and correct me if I'm wrong. part of the reason why you haven't made a lot of money is because you check IDs and don't serve to underage people. Yes. And… and because of that, your place hasn't been really fit. Yes.

[213:00] So… Is it… is it your best guess that if you were serving to underage people, that that word would get around and your place would have been full? All the time. Without naming any names, are there places on the Hill that you hear about that do that? Yes. And do they seem to do well? Yes. Okay. So, you haven't had that problem? No. Let's be clear, after you put in the pool tables, did you change your alcohol policy to serve underage people? No. Thank you. One more thing that I'd like to share. I've been… I've been able to almost catch up from that whole… I found myself late last night. In a week's worth, with my pool tables, The previous week, I did 12,000… $281.28.

[214:05] That helped me pay $7,000 to the state in back oak taxes. Without my pool tables. My total this week had been… last week was $3,177, and 22. Almost 60% drop. with 3 abysmal days, yesterday, Monday, and Sunday. I can't change anymore that I'm on the hill. Excellent. Thank you. God. Thank you. Questions from the authority. Before… oh, please, go ahead, go ahead. Go ahead, I'm sorry. Oh, I just had a procedural question real quick. The city does intend on recalling one of the witnesses as reserved earlier for the purposes of addressing, Mr. Sutton.

[215:10] Algaro's most recent testimony, solely for impeachment purposes. Would it be appropriate to do so? At what point would it be appropriate to do so? Let's see… oh. Yes. This would be what is referred to as rebuttal, and it would be at the close Of the licensee's entire case. Okay. But at this point, I think you had opened it up for questions. Of the authority to see if anybody had questions of the licensing. What? I've got a question. So… I guess if I heard you clearly, you're saying that because you don't serve underage people, that's why you're not very busy.

[216:03] It has been a trend for the past 10 years, yes, ma'am. Okay. the purpose. Because we do a very good job, I think, on our… on this… this board that we don't… we don't put up with people serving under… underage drinking in the bars and restaurants in Boulder, and I… I just was kind of caught off guard by that statement, but that's just me, personally. So, okay, thank you. I've… I've done… 10 years, I've… I've actually… I… I'm pretty sure I've… I've even hinted to the VLA a couple of times About leveling the playing field. What? It means… I think that… I think the… especially in this area, I think the BLA should identify a really good scanner and mandate it so that everybody has it.

[217:08] And… Everybody must use it, everybody… Do the right thing. Okay. Just a suggestion. I have a question. There's… there's a lot of, things that you stipulated to here, Mr. Salgoero. I guess… A couple of them that really stand out to me is some of the unlawful acts that happened in the establishment that were stipulated to having sex on multiple occasions with folks, like serving, you know, alcohol after those hours, and it was seeming stipulated that you were aware that you shouldn't have been serving alcohol after hours. Can you speak a little bit to what would happen there? And as a… as a licensee is, you know, the… having a privilege to… to be a, like, a licensed establishment. Like, what was going through your head during these times?

[218:07] So… It's often… it's obviously something that… It's embarrassing. For me, When I mentioned my concern to the detective, it's because… these two… people… Made in a false allegation toward me. they… Open up an investigation that ultimately Was dismissed, and nothing came to me. So I trusted people that I shouldn't have trust. I… I believe that I was… Under… some sort of privacy?

[219:01] I believe… The detective that told me that nobody would ever see this? I told him I am a public figure, kind of. I'm not gonna say I'm famous, but I am. I was… duped by… people that I shouldn't have trust. And for that, I do apologize, I have learned the mistake that I made, I have corrected… The fact that… I'm not gonna say that I have completely quit alcohol, because Unfortunately, Over the past… year… kind of like the only reason why I can cope with anything is that I go home, I… I take a tablet of melatonin, and I drink a whiskey, and that is it. In my premises, it's been about 4 months since I don't drink anymore.

[220:02] I… I realize… That… that did not take me anywhere. I've learned my lesson not to trust people sometimes. Especially in my premises. Thank you. Another, you know, question for you is, you know. Just looking at the packet here, seeing that there's been… A history of, late filings, of, Deficiencies in the, you know, renewals, things like that, compliance issues, even going back to 2021. you know, could you speak a little bit to that? Like, it is your responsibility to file your applications in a timely manner, to pay your taxes and your fees, and, like, I understand that the restaurant's been going through some some challenges, right, over COVID and everything else, but what has kept you from communicating with city staff, communicating with the BLA, and just making us aware of some of those challenges,

[221:04] So that they could work with you. I… I find myself… mostly… out of money, by the time… Mark shows up, because we basically… have gone through the 60 days that I call a worsening. business on the Hill, and that is every year. mid… November arrives, Thanksgiving hits, And up until they come back from… Christmas break in mid-January. It's awful up here. My $10,000 rent still needs to hit. Gotta pay electricity, which… when you do what I did, or I do still, I need to keep my kitchen on at all times, gas goes up, everything. And that's the reason, is sometimes I have to, like.

[222:08] I don't have the money to do it in time. I never really have gotten… since COVID, I feel like I lost a lot of my original clientele, the one that used to come and order a $30 piece of… or, you know, plate of scallops and my steaks, and it's… it has been a constant downward since COVID. you know, I was hopeful that the hotels have been… were gonna change it. You know, I remember… when Moxie opened, that there was, That they seemed that they were eager to help us out. I tried to get my menu there. I tried going to full breakfast. I had the best eggs Benedict in town, I believe, with crispy polenta cakes and… and instead of English muffins, and they wouldn't have my menu there.

[223:04] I remember, plans of a shuttle that was gonna bring people from the hit, or from Pearl up here, and things like that. Those were things that people were talking about. City administration, I think, because they were at the sink, that they were talking about all that. I was hopeful, and I remain… you know, I remained true to the identity of my original appearance to the BLA of Committing to the food, first and foremost, committing to Have a place that it was good for both young people and adults. But unfortunately, after 10 years, nothing has changed. And… I could no longer keep doing that and potentially die. I just had to do it. It was… it's depressing. It's… frustrated. It's…

[224:08] You know, try to do it… try to hold on to… To something for so long, and then just finally do it, and then you see a change, and, you know, you start to get encouraged. So, I would say it's been a number of years, you've been here in business for 10 years, it seems like, based on your renewal history, at least since 2018, it was your first renewal filed late, and, you know, since then, there's been challenges each year. What's… what's gonna change, like, now? Like, if we were to, you know, allow you to continue to sell alcohol, like, what would change? And why… why would… why would… why should we believe that You know, things are going to be different going forward after multiple violations and multiple challenges. One week with pool tables, One… one without.

[225:02] If I have money to pay on time, my landlord My electrical bill, everything. There's no reason for me to not do this. But the thing is that the inconsistencies of doing business here on the Hill, how many… how many… how many restaurants have you… have you seen going out of business here? the latest pizza pie, my friend David. You can argue Pizza, food costs, Are not high. they still fail. I cried with him the day he came, and he's like, I am shutting down. I'm $500,000 in debt. I cried with him. because… he… I don't… he never struck me as a millionaire.

[226:00] He struck me as a good guy with good intentions to serve pizza on the hill. Those are, like, your no-brainers. You… those should be. drivers here. But he yet, he… he closed, I think he lasted 3 years. Got $500,000 in debt. The slides shack. That kid, that guy was a little, Interesting. He lasted a year and a half. Again, Gaku Ramen, I heard that investment was $1.2 million to get that building to what they wanted to do, to last a year and a half. Rosenberg. So… what will get you to change? Will you change? I will change. Yes. Okay, and so outside of the financial aspects of things, one of my questions around is, like, what's… what is this gonna… how are you gonna file on time? How are you gonna make sure that you're doing the things you need to do, that you're aware of?

[227:03] You know, if you need to make a trade name, which is totally fine, but, like, that you're gonna file the correct paperwork, you're gonna make sure you don't modify the premises, like… It, you know, how are you going to ensure that you do the correct things, and you just… you maintain both within the state and the city regulations? Well, again, I apologize that I did that. I… honestly thought that there was no harm. I never expected the change of… Of, of pool tables. From, from… From a dining room to having three, I still have tables in the pool hall. I just thought that I wasn't doing any harm with the change of… or just adding kitchen to autos. to… just changing, you know, taking tables and put something else, I just…

[228:04] again, I just wanted to generate something, and probably, obviously, the most… helpful thing is I now have a, tourney next to me. That is going to… be… making sure that I do the things I need to do. I… I'm sorry, I have a hard time asking for help. I really do. Even for COVID, I didn't ask the city, I didn't ask the state for a single dime. I don't know if it's… It probably was that I just couldn't do it myself, so I didn't do it. So I apologize for that. I do have a hard time asking for help. Because I don't know who to ask for help sometimes. Thank you.

[229:03] Thank you. Any other questions from the board? I just want to know, like, you're going to file the paperwork? Yes. You're going to move the pool tables? Why… why wait… why didn't you do it? That would have been more mitigating than giving us, like, a compliance packet that you provided. I'm sorry, I just… I did not… think it was a big deal, and that's the bottom line. I needed… I needed a solution to a problem, and my problem is I cannot get enough food traffic up here. Most of the people… again, I believe that because of the… I… yes, thank you. You have explained that, why you… why you did this. My question is.

[230:00] edit. Oh, weird. Since being notified, You, you, you sign the… the paperwork, you knew why you were showing up today. Why wouldn't you have already done those things between knowing you're in trouble and today? Because… up until I came across Mr. Savala here, I didn't even understand everything in that. Until he told me, hey, let's stop doing this. And then this was last week, and that's when we stopped. So… I, I, I, I suppose… if I had a lawyer, again, man, before, my original lawyer, he passed away a few years ago. Hey, Otto, I'm super sorry to interrupt. we, that's… it's been mostly because, again, I… I… I'm not…

[231:01] I'm not the most law… law-educated person. Sure. Yeah. I mean, even the name, you know, it's been 10 years, nobody said anything to me. I didn't even get that that was part of the issue and all of that. I was… all that I could think when I read the paperwork is, why are they giving me, you know. Something for calling it autos. And I didn't pick up that it was because it was followed by kitchen and bar. Right. The original lawyer, he passed away. And up until, you know, up until last week is when I… I'm like, I was fortunate enough to find Mr. Sivala here, and he started to get me in the right direction. Bye. Okay. So, your attorney did make an argument for you, that…

[232:03] A name shouldn't matter that Otto's is still in the name, right? And that is such an unusual name. and… During your testimony, you told us that it was too close to another establishment's name. So, I'm just wondering, I'm just… Maybe that's more of a statement. about the confusion. of why the name was being used. So, actually, I withdraw. That is not a question. Okay, any other questions? Then, now would be, Attorney Savala, would you like to, close or have any final statements? Yes, Judge? I know we. up the road. Oh, on the table still, but they have to close first, right?

[233:01] No, so they're just gonna close with any testimony or additional documents, not any closing statements. Got it. Do you have anything, else? I don't have anything else, but I suspect Mr. Altenberg wants to address something to do with the… whether the lights were on or not, and rather than having a witness testify, if he has a short statement of what that witness would say. That might be quicker, so I'm just offering that, I suspect he's gonna… the witness will say that they believe the lights… Let's not speculate, so, Attorney Altenberg, the floor is yours. Thank you. Thank you. At this time, we'd like to recall, Officer Leo Reth, please, back to, the stand. That's long. Officer Reck,

[234:02] Mr. Otto here testified in great detail that, he has not sold alcohols to minors, and he does not sell alcohol to minors. In the past month since the date of the show cause, have there been any citations of fraudulent identification and slash or minor possession at autos? Yes. Has there been any, or have you Do you have any personal knowledge of any citations of minor in possession, from minors consuming alcohol at autos in the past week? Yes, I do. No more from the questions. That was expensive. I'm sorry, that… I kind of missed that last thing. Could you repeat the question and the statement you said? I asked, Officer Leah Reck if within the past week.

[235:01] There have been citations of minor possession coming from people consuming alcohol at autos. And… If you want to answer that question again, officer. Yes, there have been. And then you said… I said nowhere further questions. No more further questions. Okay, great. Thank you. Cross… Does that happen on your bike? You know, I've been told never to ask a question that you don't know the answer to, but, I guess I'm a little bit confused. Ms. Wright, are you saying that, that, there are cases that have been filed against a bartender or other worker at Auto's that… Sent in the last week, or the last month? So, I kind of answered that. I want you to answer that.

[236:03] Alright, I can't hear you. Say again? So I can… I can tell you that the tickets I issued the tickets. I conducted a walkthrough. when I walked in the door, the first two people I contacted, one was 19, one was 20. I issued them fake ID tickets. Additionally, that night, there were… Every other underage tickets issued at that exact same time during the walkthrough. But then… That kills us anymore. The team is pretty extensive pieces. Are you saying that the three underage… you said that there are two people with fake IDs, correct? They all had fake items. Okay, so they all had fake IDs. Are you saying that, that, that somebody at Auto's failed to check properly?

[237:08] He said he had a scanner, I told him I did. speculation. Well, I think that's what I'm trying to bring out, is whether that's a problem at autos, or whether that's a problem that there's fake IDs out there that are good enough to pass scanners. Well, I can tell you that during the walkthrough, the first two people right inside the door that I contacted, one was 19, one was 20, I didn't have a scanner, I just looked at them, and they looked underage to me. They were drinking beer. I contacted them, I asked them for ID, they didn't have ID, they had… they gave me their vertical IDs, and then they said that they used fake IDs to get in. My other officers that went with me issued 3 other tickets to underage people that they identified as appearing underage, just by looking at them.

[238:04] And then, by the time we got done Walking through, that entire bar cleaned out, but one person remained. So, I… I had a conversation with Mr. Sagiro about that, and told him I believe his scanner's not working. I mean, that's very interesting. They do, yeah, forever. Alright, and you, you have 25 years' experience being a police officer, right? Yes. Alright, so this… and… and that… You're… you surmise that maybe his scanner is failing to check the IDs properly? I'm not sure… Yeah, I…

[239:01] sustained. for speculation. You did not see, Mr. Salguero or anybody else serve these I think you said 5 people, correct? They were sitting at the bar drinking beers, so… I did. Not ask them which bartender served them the beer. Okay. Alright. Well, thank you for bringing that to our attention, and we will address it. Yes. No further questions? Redirect? None at this time. I save. Officer Reck, I have a question. You said that you saw the… underage, or people who looked underage, and you asked them for ID, and they showed you a vertical ID, and they said they used fake IDs. Did you happen to see, or did you then, like, confiscate the IDs?

[240:06] Yeah, one of them told me that he didn't have an ID to get in, but… Then he, then he produced his vertical ID, and then the other one did have a fake ID on him. Officer. Got a… okay, great, thank you. Go ahead, Member Carr, sorry. Go ahead, if you might keep questioning. No, I, I, I'm good, thank you. Officer Reck, did you notice if there was a bouncer, security guard. Anything at the door? Anything posted? there was an individual at the door. I did not stop and talk to him. Okay. Any other questions for Officer Rack? I'm not seeing any. Okay.

[241:03] then… I guess we will move to closings. Attorney Altenberg, would you like to proceed? I'm unsure, I wanna… defer back to, the BLA quickly. It's my understanding that because we've stipulated there is no closing aspect to this manner, I want to confirm, however, beforehand. He will tell us. Thank you. Normally, that's true. There's been a lot of testimony, though, and if either side wants to summarize or to make a recommendation, this certainly is the appropriate forum. If that's the case, And to summarize, the stipulation agreement noted… noted…

[242:01] acknowledges that the licensee has had up to 6 alleged violations, or 6 violations at this point, ranging from modification of premises, to unlawful acts. You've heard testimony today noting that the Act of modifying one's premises can be of extreme, danger to those in the emergency services who rely on actively having up-to-date modification of premises documents in their possession, for… Emergency purposes, especially in situations where they didn't have the opportunity to, review or look through the window before entering into a premises. You further heard testimony today about Mr. Salguerro having, an extensive amount of, unpaid fees pertaining to a right-of-way lease, of which is part of the modification of premises aspect, of upwards of $18,000. Mr. Salguerro himself has also testified to having a history of

[243:08] Having payment issues at times, and has testified that he was not aware of any of this, despite, testimony from the city's Witnesses noting that there is a large amount of avenues that the city attempts to contact an individual to inform them about this. In addition to this, you heard testimony about the sexual act circumstances that occurred within the license premises, of which the One of the two entities was the licensee himself, Mr. Salguerro. You heard testimony today about how these occurred with alcohol involved from the premises, it was done in front of the windows, and at least one of the circumstances, there were, two individuals right outside of the window for a minimum of two minutes, if not more. With the possibility of being able to see inside and watch these acts occur.

[244:03] At the end of the day, the city would just like the BLA to recognize that Mr. Salguerro, has stated a lot of things today. And… The history does not align with his statements. He has stated what he will do, but the history does not align with that statement. He has stated that he will pay and he will file, even though there's a history of him not doing so in the past. Of upwards of multiple of years. He has gone as far as stating that he does not serve alcohol to minors, and that was something that reiterated a lot. Yet, nevertheless, even within the past week. there has been… Tickets. cited two individuals at Otto's Bar. for service to app miners.

[245:01] At this current juncture, the city I would like to request revocation, although we will defer at the end of the day. to the BLA's discretion, as we believe they are the perfect entity to take the totality of the circumstances and the evidence before them, both the facts and the aggravating circumstances. To come to a resolution. Thank you. Thank you so much for that summary. Attorney… I'm gonna mess it up. So… I'm gonna leave you on the spot, just for fun. Savila. Avila. Thank you very much. I'm so sorry, that's gonna be in my… yeah, salve. Not at all. So, I'm looking at the mitigating and aggravating factors that are in the penalty guidelines, and, you know, we followed those and tried to present that the best way we could, as far as the mitigating factors, so that we could

[246:09] Show that we are trying to learn from our errors, and we put as many of those things as we could. And… and I think that many of them are present, and they are… they are new. That's a positive thing. If they were already present, and there were problems, then that wouldn't be a great mitigator, because he's not doing them, but now he is. I look at the aggravating factors, and yes, we certainly agree that we didn't get the mitigating factors at least 9 days in advance. I was hired a week ago, so that is the reason for that. We would hope that you, you give us some leeway on that. Prior offenses in the last 5 years. I believe that prior offenses means that he's been found, had a hearing and had a prior suspension or something like that. And I don't think that that is what has happened. The September suspension was not a full hearing and suspension.

[247:09] So I don't think there's a prior offense. In 5 years, or ever. The… the third one is violations occurring outside of compliance checks, and, which is AKA Stings, which… as I'm understanding that, is that when you get violated because of a sting. Now. There are some problems that may have happened in the last week. That I… we were not fully aware of, but as the officer said, she said something like, his scanner is not working properly, and I've… we have talked about that, and one of the things is, are we going to get new scanners? What can we do to make this better? And we're certainly happy to do that. I haven't seen the people. We don't have pictures of people that were busted. I can't say exactly what happened there.

[248:12] And can the board. We are relying on Officer Reck, who appears to, to, want… want to close this establishment. And I think that that's an important piece. the… the… Mr. Salguero's prior, verbal, training program seems to have worked. The only time that it hasn't worked, potentially, is in the last week, as I understand, but we've implemented something new there, and we're hoping that that works better. Multiple police contacts, I don't think applies. Because I don't think that… that fits. Failure to cooperate with legal enforcement representatives.

[249:00] I do believe that Mr. Saguero mostly does that, in the last several months, where he had his, his, sorry, conditional, allowance of the license, yes, he had some problems, and what I will chalk that up to is that he was very depressed about his… about what was going on here, and… But now that he knows better what's going on, and understands what he has to do, he… he can do that. Irresponsible advertising policies, I don't think that that's present. Failure to accept responsibility for violations, well, we accepted responsibility for violations. Other pertinent facts, on both sides, I think that there are numerous ones, that support Mr. Salguero wanting to keep a business open and to do it the correct way. When I got on this case about a week ago, what I can say is that we didn't… I didn't have a lot of time to advise him to do a whole lot of things, but…

[250:08] He had already asked for more time, and we didn't expect that to happen. And because it was… it was too late, too close to the hearing. And so… If he is granted the, to keep his liquor license, then we will continue… we will follow through with the things that we have said we would follow through with, as far as, applying for a name change, applying for the pool tables, and that sort of thing. If I may, one last thing. There's no testimony. What's your inline? Cheers. we've been doing, you know, we had scanners for years. It might be out of date, and that's why I wanted… I hint, I'm like, let's get an… identify one that works. better, and… As Mr. Salguero mentioned in his testimony.

[251:04] He would very much appreciate it if the police or the board could recommend a good scanner that he could purchase that would work well. But one way or the other, we are going to find a better way of dealing with the IDs and not serving minors. That is not what he's trying to do here. Thank you. Great, thank you. Okay, at this time, we will close for board deliberation. Huh. I'm not… I'm… I… that last, bit of testimony from Officer Reck is pretty shocking to me. And… I honestly wish I had known more about that. I could have heard more about that earlier in the case.

[252:04] It's… Yeah, that's… that's a big… That's a big factor. Yeah, I can't help but think that, like, next month that's coming before us, or something, if this were… To pass. Yeah, I agree with you, Member Carr, that was shocking. Yeah. And… Yeah, go ahead. Please. No, no, go ahead. No, it was shocking. Yeah. I disagree with you on that, yeah. Yeah, I mean, outside of that, though, I mean… My… yes, Roberta? Hi, thank you, Member Carr. So, as a reminder, That was allowed simply To rebut a statement that had been made by the licensee. You cannot consider that as a violation, right? At this point, it is just an allegation.

[253:00] And it was simply to rebut what he had said. Okay. So, as you consider, that is not one of the violations for your consideration, as a penalty. Is it… Part of, Oh my gosh. Is it part of, something… not an exhibit, I'm losing my train of thought. Is it… Is it something, I mean, it's testimony, and so is it something we can, like, consider as part of evidence? Is it, like, evidence, or it's not? So, you, if you consider it, it is for the purpose to rebut the statement that he made. So, the statement that he made is, no, you know, I've never sold alcohol to a minor. Hmm. Whether that is true or not is why that was brought in.

[254:00] So that if you believe that, then you disregard his statement, that is, you're not believing his statement. But you don't count that as a violation as you consider the appropriate penalty in this case. Okay. Alright. Great. Thank you. Thank you. So… So the way I… it's that we basically, have rebutted that Mr. Salgaro said that he has never sold alcohol to a minor. So there's an allegation that he has. Go ahead. Yeah, no, I just, so… Because that's not necessarily evidence. per se, that does show that he was not forthcoming with us on the stand, like, during his testimony. It's kind of how I look at that. Yeah.

[255:01] Do you want to keep going? Or do you have more? Well, I mean, I just… I see a pattern here, right? Like, the way I'm looking at it is, you know, in this document that we had in our packet, right? 2018, first late filing, okay, that's fine, it happens, right? Moving on. 2020 through 2019, okay, or 2020 and… sorry, 2019, 2020, COVID, things happened, but it's continued year on and year on, right? And it's not just that say fees weren't paid, it's that the renewal's, you know, being delayed. There's late filings here, right? And then, it's… it's… it seems to me like there's a, you know, misunderstanding of what's required, Which is, hey, you have to… you have to understand the rules and responsibilities as a liquor license premise. Like, if you… if you don't understand the small things, the, You know, that you have to file a name change. They have to file a modification of premises, like, that's… what else are you missing? Like, that's what really concerns me here. And, you know, we've heard testimony that's already been stipulated to some of the actions that have happened in the restaurant.

[256:12] You know, serving alcohol after… after local hours, like, that's… That's… that's a big issue, and I don't know, I… I'm very concerned, I think, that we have to hold liquor license premises, you know, folks, to a pretty high standard. Of what's acceptable, and there's clear violations here, and I, you know, I believe that Mr. Selcro has had many years to work on this, and to seek help, and to seek an attorney, to seek city staff. I just… I don't like what I'm seeing here. And we've also coached him on all of those things. This is, not his first time coming before us. Obviously, he's come before us many, many times, maybe more than anybody else since I've been on the board in 5 years. Four years.

[257:01] And it seems like the violations are, like, almost escalating, like, they're just snowballing, and it's requiring a substantial amount of city resources But with that… with that aside, because I agree with you, okay, paperwork… I… I think what we need to figure out is if this is a public safety concern, an immediate public safety concern. And, yeah. So… It does appear. To be, for me, not being responsible… Just based on everything that we've… heard, and the sloppiness of

[258:05] The business behind the scenes, I don't know, this is a really hard one, because I think that we all have really cheered Mr. Salguero on for many, many years and many months. I think the entire city staff and the BLA have been very patient and understanding, and like I said, cheering him on, like, really wanting. I… I actually am very kind of offended, and I'm… that Officer Reck is, that his attorney would say that Officer Reck, once this establishment closed, I… she is not that officer. She wants to help people. She wants these establishments open. She cares a lot about the City of Boulder, so that, I don't… I don't feel that way. I don't feel she's targeting them. I don't feel anyone is targeting them.

[259:05] Yeah. Member Barnes, do you have any… any thoughts? I'd love to hear your perspective. Yeah, I'm, he's been in business for 10 years, so as you guys have mentioned, it's been 10 years of running a restaurant on the hill. I understand it's difficult, but he's got 10… he's had 10 years to learn the ropes, and he has failed multiple times, and it's just… How much rope do you give someone? Is it fair for him to get, special treatment compared to other… other places that have violated… had violations? And we've, you've taken away their liquor license. So, I think we've bent over backwards, to be fair. And I, yeah, I think it's, we hear… we hear a lot of words, but we don't see a lot of actions, I guess, in the past, and it's… It's frustrating for me, personally, just to go through this every month, which is great. I don't mind listening to him, but we hear the same things over and over, and it's no… there's no diff… there's no change in,

[260:03] is, action, so… No. It's a tough one for me, also, But I… I think, based on what I've heard, I… I think there's… I think there's a… I mean, I'm even looking at, like. the various counts and everything for suspension, I mean, it's… it's quite a significant suspension he'd be looking at. If we were to even just use table values, and… to be honest, I think there are a lot of aggravating circumstances here as well. So, I mean, at this point, I feel like it… It's reached the point where we do need to revoke the license. Yeah. I'm on that page, unfortunately.

[261:01] Agreed. So I will make a motion to, revoke the license, for Edo's Bar and, restaurant, given the… Violations that we have, been stipulated to here today. I'll second that motion. All those in favor, say aye. Member Roberts, aye. Remember Byron's eye? I remember car, I… Good evening. We have some housekeeping that we need to read into the record following our revocation. My name is Alisa Darrow. I am the Licensing Manager for the City of Boulder. Mr. Salgaro and your representative, if you need me to repeat any of this information for you, please let me know. I will also email this to you when the meeting is adjourned. No alcohol inventory may be removed from the premises effective immediately. A member of regulatory licensing and a law enforcement officer from Boulder Police will meet you at your business at 9am tomorrow.

[262:08] You will be required to perform a City Witness full inventory of all alcohol on the premises, and provide a signed and dated copy of this to regulatory licensing once completed. City staff may elect to use a point-of-sale data. If you have it to confirm inventory, please let us know. City staff may not assist in the inventory, move boxes or bottles during the inventory. Please ensure you have enough staff to assist in the inventory. We would request a minimum of two staff to complete the inventory. You, the licensee, will have 7 calendar days in which to contact your alcohol suppliers regarding any alcohol stock that can be taken back for credit. You will need to email regulatory licensing confirmation once this is completed.

[263:01] That date is February 25th. The return to suppliers will need to be scheduled no less than 14 days from today, and receipts forwarded to regulatory licensing. That date is March 4th. On the 15th calendar day after the hearing, or sooner if you are able, a regulatory licensing staff member will meet you on-site to perform the witnessed alcohol destruction of any unreturned stock. That date is March 5th. City staff may not physically assist in the destruction process and will act solely as witnesses. You must provide adequate staff to pour out or otherwise destroy all alcohol products to be disposed of. Please note that City staff cannot assist in the alcohol destruction. You will need to make sure you have sufficient staff on hand. We cannot lift or move any alcohol. Failure to comply with this policy may result in additional enforcement actions, including, but not limited to, civil penalties, administrative citations, or a referral to law enforcement for noncompliance with revocation orders.

[264:09] Do you understand these instructions, Mr. Salgaro? Can you please unmute? Yes. Thank you, Mr. Salgaro. Are you at your place of business right now? Oh, yes. We need you to stay there. We will be bringing, we will be bringing posters over. That we need to post on your premises, okay? Okay. Okay, thank you. Bing. You were… yes, Jet.

[265:00] I think I just logged off, but, Chair Roberts, I was gonna ask you to stand by. I will have an order for your signature, an order of revocation. Okay. Alright, I'll be working on that right now. Standing by. Sorry, I couldn't unmute for some reason. Okay, great. We can… We can move on. I'll move on to Agenda Item 10, matters from City Attorney. Roberto, did you have anything? No, thank you so much. Next, I'll move on to Agenda Item 11, Matters from Licensing Clerk. We don't have a legislative update for you today, but I do have 4 boundary settings for you. And I apologize if you can hear my dogs. Okay, I'll go ahead and share my screen really fast.

[266:02] Caitlin, I just changed my mind. Oh! You're allowed to. I apologize. This is for the authority to consider. You don't have to decide this right now. There hasn't been, over the course of the last few years, there hasn't been much debate about boundary settings. One thing that you might want to consider, and again. there's only 3 of you tonight, so maybe a conversation about this when you have the full authority. But whether you want to decide to, To pass this portion of the authority's prerogative as it relates to boundary setting, whether you want to send that over to staff just to do administratively for you. I'm fine with that. So it's just, you know, it's one less thing you're having to do at the end of every meeting.

[267:01] And again, This is merely because you guys don't argue about these kinds of things. So, think about it. It would be a process for us to get a resolution to happen through City Council, but if you believe that this would save you some time. And you would like for staff to just take care of this for you, it might be a good topic of conversation at your next meeting. Okay, should we put that on the agenda for next time? Yeah, that'd be a good idea. Thank you for bringing that up. And actually, I had that as an agenda item for you, today, so… but since you don't have the full board, I am happy to put that as an agenda item, next month as well, so that maybe you could discuss it with the full board? Alisa, came up with 3 options for you, so we kind of have, like, some, options that we can talk about. If you're interested in talking about those now, or if you would just wait until everyone is here, that's fine too.

[268:09] And I can wait until we get to that agenda item, or I'll just put it on the next month. Whatever works for you. I think we should wait till next month to tell everyone else is here. Okay, thank you, Roberto, and I will move on to, these boundary settings. Let me go ahead and share my screen… Okay, perfect. The first, the first one is Eastern Co. Ops LLC, DBA Eastern Co, 2100 Central Avenue, Boulder, Colorado, 80301, for a new hotel restaurant type liquor license. I don't have suggested boundaries for you for this one. The closest licenses are actually state licenses at some brewing, like, some brew pub licenses. I'm sorry, just some brewing licenses, but, there wasn't any city licenses with boundary settings. So, I'm sorry, I don't have any,

[269:10] suggestions for you, but I can scroll in and out, whatever works. be… Maybe we use, like… Foothills to the west. That's what I was thinking, yup. Can you scroll… Down, maybe a little, yeah. Do you think that… Well, go ahead, do you want to continue? Maybe you had all of them already. No, I was… is that not… what's the… is that Pennsylvania Ave? I think it's Pennsylvania, beneath the Flatirons Golf Course. To the south.

[270:02] Does that… Yep. This is bringing you up. Yeah. And then, I don't know, I would say 75th to the east, but I, you know, I think the city limits are… I'm not entirely sure where city limits are, but we could say 75th to the east. I think that may encompass part of the county, though. Yeah, I don't know. But if that's within city limits, that makes sense to me. Do you think that Pennsylvania is… Should it just go down to baseline, since we're going out to 75th? That's a good idea. There's… okay. And then north that's… Could you scroll up, Caitlin? Am I? I don't know, North Independence Road?

[271:04] Seems like a big area, you think that's too big? It is a big area. But Belmont's not big enough. Yeah, and I feel like a lot of that is also kind of open space, golf course. Yeah. Geographically, it's a lot, but I don't know how many people are in the area right now. That's true. I'm fine with those. I'm so sorry, did you give me an East? 75th to the east. Okay, so, just so that you'll have a fair motion, I have, Independence Road on the north, Pennsylvania Avenue on the south, 75th on the east, and Foothills on the west. Yes, Member Carr will motion… make a motion to use those boundaries. Member Roberts will second that. All those in favor say aye. Member Roberts, aye. Timber Burns line? Remember, Carai. Thank you. Next, we have… Neptune Mountain LLC, DBA Neptune Mountaineering, 633 South Broadway, Suite A, Boulder, Colorado, 80305 for a new beer and wine type liquor license. The suggested boundaries I have are from Southern Sun, which are in this building right here. And that is Dartmouth to Broadway to 27th to Highway 36.

[272:19] On the north, city limits on the south. Highway 36 to Moorhead Circle extended on the east, city limits on the west. Member Carr will motion to accept this. Wait, what are the, sorry, what are the west and south? What do you have for that neighborhood behind it there? West and South are both city limits, so… Oh. Okay. This is what you're looking at here, and then here. That makes sense. Yeah, I would… Sorry, did you make a motion already, Member Carr? I did. I'll second that motion. All those in favor, say aye. Member Roberts, aye.

[273:01] Member Burns, aye. Remember, car, Okay. You? Next we have Sri Cine Vodka, Inc, DBA Gaia Masala and Burger, 1116 13th Street, Boulder, Colorado, 80302, for a new hotel-restaurant type liquor license. I'm taking the suggested boundaries from the corner, which is on the corner here. And that is… Arapaho on the north, Columbine Extended on the south, Folsom to Colorado to 28th Street on the east, and 6th on the west. Sounds reasonable? Member Carr will make a motion to accept those limits. Member Roberts will second. All those in favor say aye. Member Roberts, aye. Member Burns? Aye.

[274:00] Member Carai. Thank you, and then last one for you. Papoose Lover LLC, DBA Papoose Lover 2, 2525 Arapahoe Avenue, Unit E1B, Boulder, Colorado, 80302, for a new hotel restaurant type liquor license. Suggested boundaries I have from La French Cafe, which is in this area. over here… And that is Mapleton on the north, Marine Street on the south. 30th Street on the east, and 20th Street on the west. What was the North? Mapleton, which is gonna be… Okay.

[275:02] Sorry, it was 30th. Is it good. That seems like a small area, no? Except I don't know where me… oh, up there, got it. Ableton is here. You okay? And then Marine Street is on the south. It's a densely populated area. It's very dense, yeah. Okay, I was just making sure, because I know a few years ago. they… they were doing those smaller radiuses, so I just wanted to make sure we weren't using an old one. yeah, a few guys are good. I'll make a motion to accept. Member Carr will second the motion. All those in favor say aye. Member Roberts, aye. Remember Byron's Eye? Remember, Karai? Thank you so much. And then, yep, the only other thing I had was a discussion regarding boundary settings, but I'll put that on your agenda for next month. When the rest of the board is here.

[276:03] And that is it. You have your renewals in your packet, your special events, but besides that, that's it for us. So I'll move on to Agenda Item 12, Matters from Chair and Members of the Authority. Do we know about the boards? Did anyone else apply? I… think there was one other applicant, but I'm not 100% sure that they made it to interviews. Yeah, we only had the one interview. Thank you, Elisa. And City Council will be appointing Elisa, do you know that off the top of your head? Not off the top of my head, but I know it's in March. Perfect. Is anyone leaving on our board? Well, my term is, but I did reapply.

[277:01] That's good. We can't lose our channel. So good. Best news ever. I was worried. That's really sweet, thank you. I'm so glad, I'm so happy, okay. Oh my gosh, thank you, that means a lot. I cannot believe how happy I am. I think I still have to be real. Pointed chair, though, and it's not… Not a shoe-in. Maybe member car wants a turn. Awesome. No, I'm sorry, that… yeah, that was it. I was just wondering about that. Perfect. Thanks for your all's continued support. And guidance. That's really… thank you guys. Been a long meeting. And I guess it's up to me to call this, sorry. Let's… sorry. Let's adjourn at 7.40. Meeting adjourned. Oh, I make a motion to adjourn the meeting. xenophobia. I second the motion.

[278:00] All those in favor say aye. Member Roberts, aye. Member Burns, aye. Remember car I? Great. Meeting adjourned, 740. Thank you. Good night. Thank you, everyone. Right.