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08.16.17 BLA Packet
Beverage licensing Authority Hearing Packet August 16, 2017 P U B L I C N O T I C E CITY OF BOULDER BEVERAGE LICENSING AUTHORITY H E A R I N G WEDNESDAY, AUGUST 16, 2017, 3:00 P.M. CITY COUNCIL CHAMBERS MUNICIPAL BUILDING – 2ND FLOOR 1777 BROADWAY, BOULDER, COLORADO AGENDA 1. Agenda Item 1: i. Member roll call; ii. Approval of Beverage Licensing Authority (BLA) minutes from June 21, 2017 hearing and July 19, 2017 hearing and; iii. Hearing agenda issues from licensing clerk. 2. Matters from the Boulder Police Department. 3. Matters from the Responsible Hospitality Group. 4. 13th Street The Hill, LLC d/b/a Taco Junky, 1149 13th Street, Boulder, CO 80302 – Last Monthly status renewal report to BLA. 5. Show cause hearing concerning a April 28, 2017 violation and whether the Hotel- Restaurant type liquor license held by 3 Margaritas XXX d/b/a 3 Margaritas XXX, 3390 28th Street, Boulder, CO 80301, should be suspended or revoked. 6. Show cause hearing concerning a April 28, 2017 violation and whether the Hotel- Restaurant type liquor license held by Pei Wei Asian Diner, LLC d/b/a Pei Wei Asian Diner, 1675 29th Street, Suite 1284, Boulder, CO 80301, should be suspended or revoked. 7. Public hearing and consideration of a June 26, 2017 application from SML Partners, LLC d/b/a Bailey’s Wine & Spirits, 4800 Baseline Road, Unit E-101, Boulder, CO 80303; Erik Lebsack, Managing Member and Store Manager and Lyle Lebsack, Member; with a premise business mailing address, for a renewal of a Retail Liquor Store type liquor license. 8. Public hearing and consideration of a June 28, 2017 application from Eureka Restaurant Group, LLC d/b/a EUREKA!, 1048 Pearl Street, Unit 105, Boulder, CO 80302; Eureka Restaurant Group, LLC with Eureka Restaurant Holdings, LLC as 100% Member and Managing Members: Paul Frederick, Allan Karp, and Justin Nedelman; KarpReilly Capital Partners II, L.P., Member of underlying LLC and with KarpReilly GP II LLC, as GP and Allan Karp and Chris Reilly as its Managing Members, Karp Reilly Direct, LLC, as Member of underlying LLC and with Allan Karp and Chris Reilly as Managing Members, and with SRSW, LP, as Member of underlying LLC and with Paul Frederick as GP, and with no other owners over a 10% interest; and Natalie Stern as Registered Manager; with a premise business mailing address, for a renewal of a Hotel-Restaurant type liquor license. 9. Public hearing and consideration of a July 17, 2017 application from Pearl Dive, LLC d/b/a Wild Standard, 1043 Pearl Street, Boulder, CO 80302; with R. Bradford Heap and Carol Vilate, Owners, and Camille Bradbury as Registered Manager; with a premise business mailing address, for a renewal of a Hotel-Restaurant type liquor license. 10. Public hearing and Continued consideration of an April 20, 2017 application from Chaz, LLC d/b/a Red’s Liquor, 4481 N. Broadway, Boulder, CO 80304; Catherine Zimmerman, Owner and Manager; with a business mailing address of 5566 Pioneer Road, Boulder, CO 80301, for a Transfer of a Retail Liquor Store type liquor license. 11. Matters from the Assistant City Attorney 12. Matters from the Licensing Clerk a. Neighborhood boundary setting for applications for September 20, 2017 BLA hearing- i. Kafe Urban LLC d/b/a Aperitivo– New Hotel-Restaurant type liquor license at 5530 Spine Road, Boulder, CO 80301 b. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room i. Beyond the Mountain Brewing Company LLC- new Brewery liquor license at 6035 Longbow Drive, Unit 109 + 110, Boulder, CO 80301 c. Informational items i. August Special Events and Temporary Modifications ii. August Liquor License renewal mailing lists iii. Advisory Information-Boulder Art & Jazz Fest 2017 iv. July 11, 2017 State LED Email-SB16-197 Statutory Working Group Meeting- July Meeting v. SB16-197 Working Group Legislative Report Recommendation Form vi. Fermented Malt Beverage 3.2% Information 13. Matters from the Chair and Members of the Authority Adjournment For information, call (303) 441-3010. Any petitions or remonstrances pertaining to the above may be filed at the City of Boulder Finance Department, Sales Tax and Licensing Division, Municipal Building, 1777 Broadway, Boulder, Colorado. It is the City of Boulder’s practice to provide more notice than is required by law whenever possible. However, this practice shall not be used to invalidate any action taken with the minimum notice required by state law. Final on Wednesday, August 2, 2017 Mishawn J. Cook, Licensing Administrator, CMC Published on Sunday, August 6, 2017, in the Daily Camera newspaper Boulder Daily Camera - 08/06/2017 Page : A12 © 2017 Daily Camera and Prairie Mountain Publishing, LLC. .Please read our Privacy Policy and User Agreement. Please review new arbitration language here. 08/06/2017 August 7, 2017 12:31 pm (GMT +6:00) Powered by TECNAVIA ing ones.TheU.S.-draftedmeasure,negotiated with NorthKorea’s neighbor and allyChina, is aimed at increas-ing economic pressure onPyongyang to return tonegotiations on its nuclear and missile programs. The Security Council has already imposed six rounds of sanctions that have failed to halt North Korea’s driveto improve its ballistic mis-sile and nuclear weaponscapabilities.The resolution’s adoptionfollows North Korea’s firstsuccessful tests of intercon-tinental ballistic missiles capable of reaching the United States on July 3 and July 27. “All of this ICBM and Eduardo Munoz Alvarez /AFPU.S. Ambassador to the United Nations Nikki Haley, secondright, speaks with the president of the security council andEgyptian Ambassador Amr Abdellatif Aboulatta before votingFriday at U.N. Headquarters in New York. The U.N. SecurityCouncil on Saturday unanimously adopted a U.S.-draftedresolution that significantly strengthened sanctions on NorthKorea, with a ban on exports aimed at depriving Pyongyangof $1 billion in annual revenue.nuclear irresponsibility hasto stop,” Haley told report-ers as she headed to thecouncil to vote.The resolution condemnsthe launches “in the stron-gest terms” and reiteratesprevious calls for NorthKorea to suspend all ballis-tic missile launches andabandon its nuclear weap-onsandnuclearprogram“ina complete, verifiable andirreversible manner.”The resolution bansNorth Korea from export-ing coal, iron, lead and sea-food products estimated tobe worth over $1 billion.Thisrepresentsone-thirdoflast year’s exports.It adds nine North Kore-ans, mainly officials or rep-resentatives of companiesand banks, to the U.N. sanc-tionsblacklist,banningtheirtravel and freezing theirassets. It also imposes anasset freeze on two compa-nies and two banks.A Security Council diplo-mat, who was not autho- rized to speak publicly and insisted on anonymity, called the newly sanctioned ForeignTradeBank“avery critical clearing house forforeign exchange.”The Mansudae OverseasProject Group of Compa-nies, which was also addedto the blacklist, is describedinthe resolutionasengagedin exporting workers forconstruction, including ofmonuments, in Africa andSoutheast Asia.The resolution asks theSecurity Council committeemonitoring sanctionsagainst North Korea to banthe importofmanymoreso-calleddual-useitems, whichhave commercial purposesbut can also be used in con-ventional,biological,chemi-cal or nuclear weapons.It also gives the commit-tee a green light to desig-natespecificvesselsthatarebreaking sanctions fromentering ports all over theworld and to work withInterpol to enforce travelbans on North Koreans onthe sanctions blacklist.The resolution expressesregret at North Korea’s “massive diversion of its scarce resources toward its development of nuclear weapons and a number of expensive ballistic missileprograms” — a pointstressed by Haley. It notesU.N. findings that well overhalf the population lackssufficient food and medicalcare,whileaquartersuffersfrom chronic malnutrition.Though the economicsanctions have teeth, Wash-ingtondidn’tgeteverythingit wanted.In early July, Haley toldtheSecurityCouncilthatifitwasunited,theinternationalcommunity could cut of fmajor sources of hard cur-rency to North Korea,restrictoiltoitsmilitaryandweapons programs,increase air and maritimerestrictions and hold seniorofficials accountable.Neither oil nor new airrestrictions are included inthe resolution.Its adoption follows U.S.Secretary of State Rex Til-lerson’scommentsWednes-day reassuringNorthKoreathatWashingtonis notseek-ing regime change or an accelerated reunification of the Korean Peninsula — comments welcomed by China’s foreign minister. By Edith M. LedererAssociated PressUNITEDNATIONS—The U.N. Security Councilunanimously approvedtough new sanctions onNorth Korea on Saturdayincluding a ban on coal andother exports totaling morethan$1billion—ahugebiteinitstotal exports,valuedat$3 billion last year.U.S. Ambassador NikkiHaley praised the new sanc-tions, telling council mem-bers after the vote that it is“thesinglelargesteconomicpackage ever leveledagainst the North Koreanregime.”The resolution also banscountries from giving anyadditional permits to NorthKorean laborers — anothersource of money for KimJong Un’s regime. And it prohibits all new joint ven- tures with North Korean companies and bans new foreign investment in exist- ActionincludesbanoncoalandotherexportsU.N.imposesnewsanctionsonN.Korea San Franciscol Northwestern teacher, Oxford staffer jailed in stabbing case Far from their presti- gious campuses, a North- western University profes- sor and a University of Oxford finance officer were jailed in the San Francisco area Saturday after eight days as fugitives sought in the death of a young hair- dresser in Chicago stabbed repeatedly until the knife broke, police said. The Northwestern microbiologist, Wyndham Lathem, had a personal relationship with the vic- tim, although the nature of it wasn’t clear, and Lathem had made a video apologiz- ing for what he called “the worst mistake of my life,” police said. Lathem, 42, was being held without bail in Alame- da County and faced a court appearance in the city of Pleasanton. The oth- er suspect, Andrew War- ren, a treasury assistant at one of Oxford’s residential colleges in England, was being held at the county jail in San Francisco. Both men surrendered separately and peacefully in the Bay Area on Friday evening. They had been fugitives since the body of 26-year- old Trenton James Cornell- Duranleau was found in Lathem’s Chicago apart- ment on July 27. MinnesotalPolice confirm mosque was attacked BLOOMINGTON — Someone apparently threw a bomb through the win- dow of a suburban Minne- apolis mosque on Saturday as people were preparing for morning prayers, dam- aging the imam’s office but not causing any injuries, authorities said. Minneapolis police said a preliminary investigation shows a destructive device caused the explosion, “in violation of federal law,” and that the FBI has taken the lead in the investiga- tion. An FBI spokesman didn’t return a phone mes- sage Saturday seeking details about the investiga- tion. The blast happened at around 5 a.m. at the Dar Al-Farooq Islamic Center in Bloomington, south of Min- neapolis. Worshippers managed to extinguish the blaze before firefighters arrived, according to a statement from the Muslim American Society of Min- nesota. A witness reported see- ing something being thrown at the imam’s office window as about a dozen people gathered for morn- ing prayers, said Asad Zaman, the society’s direc- tor. Zaman described it as a firebombing, the Star Tri- bune reported. Los Angeles l Fox News host Eric Bolling suspended amid investigation Fox News said Saturday that it has suspended Eric Bolling, the co-host of its late-afternoon news pro- gram “The Specialists,” while it investigates allega- tions he sent a lewd photo to co-workers. A network spokesperson confirmed Bolling’s sus- pension and investigation in an email. News of the suspension came one day after a Huff Post report relying on anonymous sources stated Bolling had sent a lewd photo to at least three female colleagues at Fox New and Fox Business. “The anonymous, uncor- roborated claims are untrue and terribly unfair,” Bolling’s attorney Michael J. Bowe wrote in an email. “We intend to fully cooper- ate with the investigation so that it can be concluded and Eric can return to work as quickly as possible.” Australial 3 U.S. Marines missing after aircraft crashes SYDNEY — Search and rescue operations were underway for three U.S. Marines who were missing after their Osprey aircraft crashed into the sea off the east coast of Australia on Saturday while trying to land. Twenty-three of 26 per- sonnel aboard the aircraft have been rescued, the Marine base Camp Butler in Japan said in a state- ment. The MV-22 Osprey involved in the mishap had launched from the USS Bonhomme Richard and was conducting regularly scheduled operations when it crashed into the water, the statement said. The ship’s small boats and air- craft immediately respond- ed in the search and res- cue efforts. The Osprey is a tilt-rotor aircraft that takes off and lands like a helicopter, but flies like an airplane. They have been involved in a series of high-profile crash- es in recent years. The aircraft was in Aus- tralia for a joint military training exercise held by the U.S. and Australia last month in Shoalwater Bay. The Talisman Sabre exer- cise, a biennial event between the two nations, involved more than 30,000 troops and 200 aircraft. Wire services Nation&worldbriefs It is the City of Boulder’s practice to provide more notice than is required by law whenever possible. However this practice shall not be used to invalidate any action taken with the minimum notice required by state law. If you need Spanish interpretation or other language-related assistance for a meeting, please call (303) 441-1905 at least three business days prior to the meeting. Si usted necesita interpretación o cualquier otra ayuda con relación al idioma para esta junta, por favor comuníquese al (303) 441-1905 por lo menos tres días antes de la junta. _____________________________________________________________ COMPLETE AGENDAS Visit www.bouldercolorado.gov/calendar or call 303-441-3388 *INDICATES THAT A COMPLETE AGENDA IS IN TODAY’S PUBLIC NOTICES IN THE CLASSIFIED SECTION. 2017 City of Boulder PUBLIC MEETINGS MONDAY,AUGUST 7 5:30 PM Downtown Management Commission Meeting Council Chambers, 1777 Broadway Meeting Cancelled Ruth Weiss, 303-413-7318, https://bouldercolorado.gov/boards-commissions/ downtown-management-commission TUESDAY,AUGUST 8 6 PM City Council Study Session Council Chambers, 1777 Broadway DRAFT 2018-2022 Capital Improvement Program WEDNESDAY,AUGUST 9 4-8 pm Design Advisory Board Meeting 1777 West Conference Room, 1777 Broadway https://bouldercolorado.gov/boards-commissions/bdab 6-7:30 PM Election Training Municipal Lobby, 1777 Broadway Training for mandatory election filings. 6-8 PM Open Space Board of Trustees Meeting (televised) Council Chambers 1777 Broadway https://bouldercolorado.gov/boards-commissions/ upcoming-osbt-meeting www.osmp.org or call 303-441-3440 THURSDAY,AUGUST 10 5 PM *Board of Zoning Adjustments Meeting 1777 West Conference Room, 1777 Broadway https://bouldercolorado.gov/boards-commissions/boza 6 PM *Planning Board Meeting (televised) Council Chambers, 1777 Broadway Continuation of August 3 Planning Board meeting to deliberate and vote on the applications relating to 5399 Kewanee Drive and 5697 South Boulder Road https://bouldercolorado.gov/boards-commissions/planning- board WEDNESDAY,AUGUST 16 3 PM Beverage Licensing Authority Hearing Council Chambers, 2nd Floor, 1777 Broadway For full Agenda - See Public Notices in Classified Section For information, contact Mishawn Cook, Licensing Administrator, 303-441-3010, cookm@bouldercolorado.gov. Any petitions or remonstrances pertaining to the above may be filed at: Licensing Division, 1777 Broadway, 1st floor. For complete hearing agenda: www.bouldercolorado.gov/liquor THURSDAY,AUGUST 17 6 PM *Planning Board Meeting (televised) Council Chambers, 1777 Broadway https://bouldercolorado.gov/boards-commissions/planning- board OTHER EVENTS: Tuesday,August 8 9PM Evening Walking Tour of Chautauqua Lighting Meet at top of Boggess Circle at Chautauqua Park The tour will provide an opportunity to walk the grounds, share observations and put the lighting terminology into practice. For information, go to https://bouldercolorado.gov/historic-preservation/ chautauqualightingplan or contact Marcy Cameron at cameronm@bouldercolorado.gov or 303-441-3209. 12A| SUNDAY, AUGUST 6, 2017 DAILY CAMERA Boulder Daily Camera - 08/06/2017 Page : E07 © 2017 Daily Camera and Prairie Mountain Publishing, LLC. .Please read our Privacy Policy and User Agreement. Please review new arbitration language here. 08/06/2017 August 7, 2017 12:33 pm (GMT +6:00) Powered by TECNAVIA Copy Reduced to 85% from original to fit letter page Public Notice Public Notice Public Notice Public Notice Public Notice Public Notice Public Notice Public Notice Garage Sales Merchandise SELL YOUR STUFF! List your stuff and get it done! Any item less than $500 sell for FREE! Call 303-466-3636 970-635-3650 719-275-5300 888-355-0935 Lost Something? Found Something? Call now for a free LOST & FOUND ad. 303-466-3636 970-635-3650 719-275-5300 or 888-355-0935 Lost Something? Found Something? Call now for a free LOST & FOUND ad. 303-466-3636 970-635-3650 719-275-5300 or 888-355-0935 TURN USED ITEMS into quick cash with Classifieds! Boulder 303.443.3377 I Niwot 303.652.8800 ©bobcarmichael.comSTUNNING 14 ACRE LAKE FRONT ESTATE11541 N. 75th Street, Longmont | $5,950,000Steve Remmert 720-339-5033 NEW LISTING! REMODELED, 5 ACRES181 Gordon Creek Road, Boulder | $785,000Katherine Webster 303-898-11976030 Red Hill Road, Boulder | $1,600,000Kimberly Thompson 303-641-2049STUNNING VIEWS – JUST MINUTES TO TOWN EASY ACCESS MOUNTAIN LIVING4661 Sunshine Canyon Drive, Boulder | $1,500,000Steve Remmert 720-339-5033 5.7 ACRE BUILDABLE LOT WITH PANORAMIC VIEWS625 Weld County Road 16.5, Longmont | $475,000 Bob Dalton 303-525-8294 8324 W. Fork Road, Boulder | $730,000 Steve Remmert 720-339-5033 JUST LISTED IN CRESTVIEW ESTATESTABLE MESA HOME WITH GORGEOUS YARD1045 Albion Road, Boulder | $749,000 Kimberly Thompson 303-641-2049 147 Commander Drive, Erie | $1,500,000Catherine Burgess 303-506-5669SPECTACULAR VIEWS – 2 ACRE LOTCONTEMPORARY HOME NEAR SLOAN’S LAKE2660 King Street, Denver | $959,000Kimberly Thompson 303-641-2049BOULDER COUNTRY CLUB HOME6960 Firerock Court, Boulder | $749,000 Bob Dalton 303-525-8294 STUNNING REMODEL IN FOUR MILE CREEK4129 Saint Croix Street, Boulder | $1,050,000Steve Remmert 720-339-50333635 Cloverleaf Drive, Boulder | $1,139,000Katherine Webster 303-898-1197OPEN HOUSE SUNDAY 1-4 PM P U B L I C N O T I C E CITY OF BOULDER BEVERAGE LICENSING AUTHORITY H E A R I N G WEDNESDAY, AUGUST 16, 2017, 3:00 P.M. CITY COUNCIL CHAMBERS MUNICIPAL BUILDING – 2ND FLOOR 1777 BROADWAY, BOULDER, COLORADO AGENDA 1. Agenda Item 1: i. Member roll call; ii. Approval of Beverage Licensing Authority (BLA) minutes from June 21, 2017 hearing and July 19, 2017 hearing and; iii.Hearing agenda issues from licensing clerk. 2. Matters from the Boulder Police Department. 3. Matters from the Responsible Hospitality Group. 4. 13th Street The Hill, LLC d/b/a Taco Junky, 1149 13th Street, Boulder, CO 80302 – Last Monthly status renewal report to BLA. 5. Show cause hearing concerning a April 28, 2017 violation and whether the Hotel-Restaurant type liquor license held by 3 Margaritas XXX d/b/a 3 Margaritas XXX, 3390 28th Street, Boulder, CO 80301 , should be suspended or revoked. 6. Show cause hearing concerning a April 28, 2017 violation and whether the Hotel-Restaurant type liquor license held by Pei Wei Asian Diner, LLC d/b/a Pei Wei Asian Diner, 1675 29th Street, Suite 1284, Boulder, CO 80301, should be suspended or revoked. 7. Public hearing and consideration of a June 26, 2017 application from SML Partners, LLC d/b/a Bailey’s Wine & Spirits, 4800 Baseline Road, Unit E-101, Boulder, CO 80303;Erik Lebsack, Managing Mem- ber and Store Manager and Lyle Lebsack, Member; with a premise business mailing address, for a renewal of a Retail Liquor Store type liquor license. 8. Public hearing and consideration of a June 28, 2017 application from Eureka Restaurant Group, LLC d/b/a EUREKA!, 1048 Pearl Street, Unit 105, Boulder, CO 80302; Eureka Restaurant Group, LLC with Eureka Restaurant Holdings, LLC as 100% Member and Manag- ing Members: Paul Frederick, Allan Karp, and Justin Nedelman; KarpReilly Capital Partners II, L.P., Member of underlying LLC and with KarpReilly GP II LLC, as GP and Allan Karp and Chris Reilly as its Managing Members, Karp Reilly Direct, LLC, as Member of un- derlying LLC and with Allan Karp and Chris Reilly as Managing Members, and with SRSW, LP, as Member of underlying LLC and with Paul Frederick as GP, and with no other owners over a 10% in- terest; and Natalie Stern as Registered Manager; with a premise business mailing address, for a renewal of a Hotel-Restaurant type liquor license. 9. Public hearing and consideration of a July 17, 2017 application from Pearl Dive, LLC d/b/a Wild Standard, 1043 Pearl Street, Bould- er, CO 80302;with R. Bradford Heap and Carol Vilate, Owners, and Camille Bradbury as Registered Manager; with a premise business mailing address, for a renewal of a Hotel-Restaurant type liquor li- cense. 10. Public hearing and Continued consideration of an April 20, 2017 application from Chaz, LLC d/b/a Red’s Liquor, 4481 N. Broadway, Boulder, CO 80304;Catherine Zimmerman, Owner and Manager; with a business mailing address of 5566 Pioneer Road, Boulder, CO 80301, for a Transfer of a Retail Liquor Store type liquor license. 11. Matters from the Assistant City Attorney 12. Matters from the Licensing Clerk a. Neighborhood boundary setting for applications for September 20, 2017 BLA hearing- i. Kafe Urban LLC d/b/a Aperitivo– New Hotel-Restaurant type liquor license at 5530 Spine Road, Boulder, CO 80301 b. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room i. Beyond the Mountain Brewing Company LLC- new Brewery liquor license at 6035 Longbow Drive, Unit 109 + 110, Boulder, CO 80301 c. Informational items i. August Special Events and Temporary Modifications ii. August Liquor License renewal mailing lists iii. Advisory Information-Boulder Art & Jazz Fest 2017 iv. July 11, 2017 State LED Email-SB16-197 Statutory Working Group Meeting-July Meeting v. SB16-197 Working Group Legislative Report Recommendation Form 13. Matters from the Chair and Members of the Authority Adjournment For information, call (303) 441-3010. Any petitions or remonstrances pertaining to the above may be filed at the City of Boulder Finance Department, Sales Tax and Licensing Division, Municipal Building, 1777 Broadway, Boulder, Colorado. It is the City of Boulder’s practice to provide more notice than is re- quired by law whenever possible. However, this practice shall not be used to invalidate any action taken with the minimum notice re- quired by state law. qy Final on Wednesday, August 2, 2017 Mishawn J. Cook, Licensing Administrator, CMC Published; Daily Camera August 6, 2017 - 1345594 The City of Louisville Planning and Building Safety Department, along with the City of Lafayette and Boulder County, in accordance with National Flood Insurance Program regulation 65.7(b)(1), here- by gives notice of the intent of the City of Louisville, City of Lafay- ette, and Boulder County to revise the flood hazard information, generally located between Coal Creek just north of Empire Drive to the east and Front Street to the west. Specifically, the flood hazard information shall be revised along Drainageways A, A-2, B, 7-2, and 7, with a downstream limit of the point of confluence of Drainageway 7 with Coal Creek to an upstream limit of a point near the intersection of Front Street and Elm Street. As a result of the revision, the drainageways shall be affected as follows. The 1% annual chance floodplain along Drainageways A-2 and B west of Highway 42 shall be reduced to an area of shallow flooding in Drainageway B west of the railroad embankment. East of Highway 42, along Drainageways A, A-2, 7-2, and 7, the 1% annu- al chance water-surface elevations shall be established and the 1% annual chance floodplain shall be established and contained within the defined channels within the area of revision. Maps and detailed analysis of the revision can be reviewed at the City of Louisville Municipal Building, 749 Main Street, Louisville, CO 80027. Interested persons may contact Rob Zuccaro at rzuccaro@ louisvilleco.gov or 303-335-4590 for additional information from Au- gust 7, 2017 to September 7, 2017. Published: Daily Camera on August 6, 2017 - 0001345468 Planning Board will meet to deliberate on the Hogan Pancost proj- ect on August 10, 2017 as a continuation of its August 3, 2017 meet- ing.The meeting will begin at 6:00 p.m. at 1777 Broadway, Council Chambers.Please note the Planning Board closed the public hear- ing on Aug. 3rd, but interested parties may attend and find more in- formation at www.bouldercolorado.gov/boards-commissions/ planning-board or contact Cindy Spence at 303-441-4464, spencec@ bouldercolorado.gov. PUBLIC HEARING ITEMS A. AGENDA TITLE: Continuation of Planning Board August 3rd public hearing to deliberate and vote on the following applications relating to 5399 Kewanee Drive and 5697 South Boulder Road: Annexation and Initial Zoning (LUR2015-00093) application to annex two properties totaling 22-acres with an initial zoning of Residential Low -2 (RL-2) zoning and associated adoption of wetland mapping; and Concept Plan and Review (LUR2016-00076) application on a proposal to construct 117 attached and detached residential units (50 percent as permanently affordable units) served by new public rights-of-ways and alleys on the properties and including the preservation of the east parcel and portions of the west parcel. (No public testimony will be taken .) Applicant/Property Owner: East Boulder Properties, LLC Published: Daily Camera on Aug. 6, 2017 - 1346348 Notice of Final Settlement Pursuant to Colorado revised statutes, 1973, Section 38-26-107, public notice is hereby given that final payment to: Vendor Name Concrete Works of Colorado, Inc. PO Number 2016000749 for construction of Highland Bridge at Gregory Canyon Creek For information on filing a claim, please contact the City of Boulder Finance Department at 303.441.1857 or visit our City web site www.bouldercolorado.gov Payment will be made by the City of Boulder, Colorado, on or after the 23rd day of August, 2017. Publish date August 6, 2017 in the Daily Camera Publish date August 13, 2017 in the Daily Camera /s/ Fadel Berthe Sales/Use Tax Approval /s/ Cliff Singerman Purchasing Final Approval Published: Daily Camera August 6, 13, 2017 - 1345795 A public hearing is scheduled for Board of Zoning Adjustments con- sideration on August 10, 2017.The public hearing will begin some- time after 5:00 p.m. in 1777 Broadway, 1777 West Conference Room (note change in location).Interested parties may find more infor- mation at www.bouldercolorado.gov/boards-commissions/boza or contact Cindy Spence at 303-441-4464, spencec@bouldercolorado. gov. Public Hearing Items: A. Docket No.: BOZ2017-17, Address: 900 Kalmia Avenue, Applicant: Ida Rastegar & Todd Becker, Setback Variance Published: Daily Camera on July 30 & Aug. 6, 2017 - 1341400 A public hearing is scheduled for Planning Board consideration on August 17, 2017. The public hearing will begin sometime after 6:00 p.m. at 1777 Broadway, Council Cham- bers.Interested parties may find more in- formation at www.bouldercolorado. gov/boards-commissions/planning-board or contact Cindy Spence at 303-441-4464, spencec@bouldercolorado.gov. PUBLIC HEARING ITEMS A. AGENDA TITLE: Request for citizen, staff, and Planning Board input on a gp Concept Plan Review to develop a 14.86-acre vacant property at 5801 and 5847 Arapahoe Avenue with a new mixed-use development, including 340 residential units and approximately 19,000 square feet of commercial space. The proposal includes 7 three-story buildings, 3 four-story buildings, and 1 one-story building surrounding a loop drive, with one access from Arapahoe Avenue. Three hundred ninety-five parking spaces are proposed, 215 of which are located in a central parking structure. The development would be up to 40 percent permanently affordable housing. Proposed residential units consist of 60 efficiency living units (less than 475 square feet), 236 one-bedroom apartments, 32 two-bedroom apartments, and 12 two-bedroom townhomes. Case number LUR2017-00037. B. AGENDA TITLE: Public hearing and consideration of a Site Review to redevelop a seven-acre property at 1550 Eisenhower Drive. The proposal includes the construction of 226 residential units and an amenity/community center in five buildings over a below grade parking structure. The buildings are three stories and approximately thirty-five feet in height. The total unit mix would be 39 efficiency living units (less than 475 square feet), 106 one-bedroom units, 45 two-bedroom units and 36 three-bedroom units. Request includes an 8.8 percent parking reduction. Case no. LUR2016-00105. Published: Daily Camera August 6, 13, 2017 - 1345588 We Provide All You Need To Own Your Own Commercial Cleaning Business Guaranteed: Customers, Training, Financing, Support RATED #1 Fastest Growing Franchise in Commercial Cleaning Call TODAY 720-962-9060 www.jan-pro.com/colorado TICKETS: Yarmony Grass Festival VIP Tickets +Parking 250 OBO. 435-529-7494 HUGE SALE: Saturday & Sunday, August 5th & 6th, 8am-4pm at 1505 Tanager Place (South of 9th & East of Deerwood), Longmont Office & Yard Equipment, Many Garage Items & Much, Much More! Sally’s Estate Sale: Sat & Sun, Aug 5 & 6, 8am, 1668 Pearl Drive, Loveland. Includes Catrike Recumbent Bike, Mountain Bike, 2 Bedroom Sets, Lots of Sewing Equipment including Knitting Board, Lots of Cooking Items, Nice Yard Furniture, Tons of Tools, Horse Sheets & Blankets, Tons of Clothes & the Standard Accessories that Make a Home. Various Antiques for Sale. Early 1800s corner cab, drop leaf tbl, Orien- tal rugs, Red Wing crock, etc. Call for viewing appt. 303-665-7253 GE Profile Refrigerator Stainless Steel, Side by Side, Counter Depth. Excellent Condition. $390. 303-499-0147 DAILY CAMERA SUNDAY, AUGUST 6, 2017 | PAGE E7 Agenda Item 1 BLA 6.21.17 DRAFT Minutes Page 1 of 8 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * * MINUTES * * * WEDNESDAY, JUNE 21, 2017, 3:00 P.M. CITY COUNCIL CHAMBERS MUNICIPAL BUILDING – 2ND FLOOR 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: June 21, 2017 NAME & PHONE OF PERSON Mishawn Cook, License Administrator (303-441-3010) PREPARING SUMMARY: Beata Mazurkiewicz, Licensing Specialist (303-441-3091) NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Alyssa Lundgren, Steven Wallace, Michael Friesen, and Matthew Califano Staff Present: Carey Markel, Assistant City Attorney, Mishawn Cook, License Administrator, Beata Mazurkiewicz, Licensing Specialist 1. Administrative Board Matters i) Member Roll Call Roll call was taken. A quorum of four BLA members were in attendance with Chair Timken absent. ii) Approval of BLA minutes from May 17, 2017 Member Califano moved, Lundgren seconded, to approve the May 17, 2017 minutes. Motion approved 4:0. iii) Hearing agenda issues from licensing clerk No agenda issues were discussed. 2. Matters from the Boulder Police Department (BPD). No matters were discussed. 3. Matters from the Responsible Hospitality Group (RHG). BLA 6.21.17 DRAFT Minutes Page 2 of 8 No matters were discussed. 4. 13th Street The Hill, LLC d/b/a Taco Junky, 1149 13th Street, Boulder, CO 80302 - Monthly status renewal report to BLA. Ms. Mazurkiewicz noted that Taco Junky was placed on self reporting status at the last month’s BLA hearing. Toula Georgapolous, Registered Manager, appeared and noted a receipt which was submitted to the licensing office and date stamped May 20, 2017. The Sales/Use Tax Division form was entered as Agenda Item 4, Exhibit 1. 5. Public hearing and consideration of a May 5, 2017 application from Nepal Cuisine d/b/a Nepal Cuisine, 4720 Table Mesa Drive, Unit C-100, Boulder, CO 80303; Machhendra Shrestha, Owner and Registered Manager; with a premise business mailing address, for a renewal of a Hotel-Restaurant type liquor license. Machhendra Shrestha, Owner and Registered Manager, and Ratna Shrestha, Employee, were sworn in and affirmed the posting of the premises for the required 10 day period. Hearing procedures were read. No BLA members disclosed ex-parte communications or conflicts of interest. No third parties requested interested party status and no public comments were received. Mr. Shrestha provided testimony regarding the basis for late filing of this renewal application. Member Friesen moved, Califano seconded, to approve this renewal application for a Hotel- Restaurant type liquor license. Motion approved 4:0. 6. Public hearing and continued consideration of a March 16, 2017 application from Emmer and Sons, LLC d/b/a Emmerson, 1600 Pearl Street, Suite 100, Boulder, CO 80302; Benjamin Kaplan, Owner and Registered Manager, and with no other owners over a 10% interest; with a premise mailing address, for a New Hotel-Restaurant type liquor license. Fern O’Brien, attorney for Applicant, Benjamin Kaplan, Owner and Registered Manager, and Tina Scott, petitioner with Oedipus Inc., were present for this matter. Mr. Kaplan and Ms. Scott were sworn in and confirmed the ten-day premise posting under oath. Hearing procedures were waived by Ms. O’Brien. No BLA members disclosed ex-parte communications or conflicts of interest. No third parties requested interested party status and no public comments were received. Ms. Scott provided testimony regarding the neighborhood petition results. Mr. Kaplan provided testimony regarding this new Hotel-Restaurant type liquor license application. Member Wallace inquired about hours of operation. BLA 6.21.17 DRAFT Minutes Page 3 of 8 Member Lundgren inquired about business policies and ID checking policies. Member Califano moved, Lundgren seconded, to approve this application for a new Hotel- Restaurant type liquor license. Motion approved 4:0. 7. Public hearing and consideration of an April 13, 2017 application from Boulder Lodging, LLC d/b/a Residence Inn Boulder, 2550 Canyon Boulevard, Boulder, CO 80303; IWP Boulder Lodging, LLC [IWP], Member, CCFO Boulder Hotel, LLC [CCFO], Member, BLDR Capital, LLC [BLDR], Member, Crawley Hatfield Capital, L.P. [Crawley], Member, and SBCO Investment Manager, LLC [SBCO], Managing Member, and with Navin Dimond, Sole Mgr/Member of SBCO, and underlying Manager of BLDR, and Registered Manager, Timothy Ulfig, Underlying Manager of CCFO, Charles Willhoit and Christopher Dzurinko, Co-Managers of IWP, and Steven Kim Hatfield, as Underlying Co-Manager of Crawley and as Sole Limited Partner of Crawley, and with no other owners over a 10% interest; with a business mailing address of 9100 E. Panorama Dr. #300, Centennial, CO, 80112, for a New Lodging and Entertainment type liquor license. Kevin Coates, attorney for Applicant, Jack Paul, Vice President of Hotel Operations at Stonebridge Companies, Laura Brooks, Proposed Registered Manager, and Tina Scott, petitioner with Oedipus Inc., were present for this matter. Mr. Paul, Ms. Brooks, and Ms. Scott were sworn in and confirmed the ten-day premise posting under oath. Hearing procedures were waived by Mr. Coates. No BLA members disclosed ex-parte communications or conflicts of interest. No third parties requested interested party status and no public comments were received. Mr. Paul and Ms. Brooks provided testimony regarding the application. Ms. Scott provided testimony regarding petitioning materials. Member Wallace inquired about the ownership structure of the Applicant, and about the nature of the business operations and TIPS training. Member Califano inquired about the new Lodging and Entertainment class of liquor license and asked to amend the premise diagram to indicate books and records location. Member Wallace inquired about the meeting space/conference room. Member Friesen moved, Lundgren seconded, to approve this application for a new Lodging and Entertainment type liquor license. Motion approved 4:0. 8. Public hearing and consideration of an April 13, 2017 application from Berry, Inc d/b/a Harvest Wine & Spirits, 3075 Arapahoe Ave, Unit A, Boulder, CO 80303; Suzanne Berry, Owner and Manager; with a premise mailing address, for a Permanent Modification of a Retail Liquor Store type liquor license. BLA 6.21.17 DRAFT Minutes Page 4 of 8 Suzanne Berry, Owner and Manager, and Carol Johnson, petitioner with Esquire Petitioning Services, appeared at the hearing, were sworn in, and affirmed the posting of the premises for the required 10 day period. Vice-Chair Wallace read the procedures. No BLA members disclosed ex-parte communications or conflicts of interest. No third parties requested interested party status and no public comments were received. Ms. Berry provided testimony regarding this Permanent Modification of a Retail Liquor Store type liquor license application. Ms. Johnson provided testimony regarding petitioning materials. Member Califano moved, Friesen seconded, to approve this application for a Permanent Modification of a Retail Liquor Store type liquor license. Motion approved 4:0. 9. Public hearing and consideration of an April 14, 2017 application from Cajun Cridder PS LLC d/b/a French Quarter Brasserie, 1207 Pearl Street, Boulder, CO 80302; Linda Hale, Member and CMO, Fatim Crosswhite, Member and CFO, Joseph Crosswhite, Member and COO, and Andrew Bean, Proposed Registered Manager, and with no other owners over a 10% interest; with a business mailing address of 1521 Boyd Pointe Way, Apt. 3301, Tysons, VA 22182, for a New Hotel-Restaurant type liquor. Joseph Crosswhite, Member and COO, and Andrew Bean, Proposed Registered Manager, appeared, were sworn in, and affirmed the posting of the premises for the required 10 day period. Vice-Chair Wallace read the procedures. No BLA members disclosed ex-parte communications or conflicts of interest. No third parties requested interested party status and no public comments were received. Mr. Crosswhite and Mr. Bean provided testimony regarding this new Hotel-Restaurant type liquor license application, and the petitioning materials. Member Wallace inquired about applicant’s previous experience in the restaurant industry. Member Lundgren inquired about the hours of operation and business policies. Member Califano inquired about the food requirements. Ms. Markel, Assistant City Attorney, noted about a rather small number of residential petitions being submitted as part of the petitioning materials. Member Wallace expressed concern with regards to the small number of residential petitions. Ms. Cook, Licensing Administrator, noted about licensing office still waiting for the revocable permit for the City patio area to be submitted. Ms. Markel recommended RHG membership as a great source of information. BLA 6.21.17 DRAFT Minutes Page 5 of 8 Member Califano moved, Lundgren seconded, to allow for Mr. Crosswhite to continue this application hearing to July 19, 2017 BLA hearing for additional petitioning. Motion approved 4:0. 10. Public hearing and consideration of an April 17, 2017 application from The Riverside Group, Ltd. d/b/a Riverside, 1724 Broadway Street, Boulder, CO 80302; Richard Moser, Member and Registered Manager, and Andries Loubser, Member, and with no other owners over a 10% interest; with a premise mailing address, for a New Lodging and Entertainment type liquor license. Jim Beimford, attorney for Applicant, Richard Moser, Member and Registered Manager, and Carol Johnson, petitioner with Esquire Petitioning Services, were present for this matter. Mr. Moser, and Ms. Johnson were sworn in and confirmed the ten-day premise posting under oath. Hearing procedures were waived by Mr. Beimford. No BLA members disclosed ex- parte communications or conflicts of interest. No third parties requested interested party status and no public comments were received. Ms. Johnson provided testimony regarding petitioning materials. Mr. Moser provided testimony regarding the application and noted that he previously held a Hotel-Restaurant type liquor license and received a State liquor license violation and paid fine in lieu. Mr. Moser also requested to amend question #9 on his Individual History Record and to add the State liquor license violation information. Member Califano inquired about hours of operation. Ms. Cook inquired about maintaining exclusive control and possession of the licensed premise. Member Friesen inquired about the applicant’s previous Hotel-Restaurant type liquor license. Member Wallace and Ms. Markel noted that the Hotel-Restaurant type liquor license was not renewed. Member Califano moved, Friesen seconded, to approve this application for a new Lodging and Entertainment type liquor license. Motion approved 4:0. 11. Public hearing and consideration of a May 11, 2017 application from Dang Tran, Inc. d/b/a Vina Pho & Grill, 1630 30th Street, Unit B, Boulder, CO 80301; Nancy Dang, President and Owner, a nd Mai Tran, Proposed Registered Manager; with a premise mailing address, for a Transfer of a Hotel-Restaurant type liquor license. Nancy Dang, Applicant, appeared at the hearing, was sworn in, and affirmed the posting of the premises for the required 10 day period. Vice-Chair Wallace read the procedures. No BLA members disclosed ex-parte communications or conflicts of interest. No third parties requested interested party status and no public comments were received. Ms. Dang provided testimony regarding this transfer application. BLA 6.21.17 DRAFT Minutes Page 6 of 8 Member Friesen inquired about question #10 on City application and about policies and procedures to be used to determine a patron’s level of intoxication. Member Lundgren inquired about question #13 on City application and about methods to be used in checking identification for proper age of patrons, and about TIPS training. Member Califano moved, Lundgren seconded, to approve this application for a transfer of a Hotel-Restaurant type liquor license. Motion approved 4:0 12. Matters from the Assistant City Attorney Ms. Markel commented about the Lodging and Entertainment type liquor license. 13. Matters from the Licensing Clerk a. Neighborhood boundary setting for applications for July 19, 2017 BLA hearing- i. Boulder Food Park, LLC d/b/a Rayback Collective – Change of Class from Beer and Wine to Tavern type liquor license at 2775 Valmont Road, Boulder, CO 80301 Boundaries for this application were set as: North: Iris Avenue South: Pearl Street East: Foothills Parkway West: 20th Street Member Wallace moved, Lundgren seconded, to set the neighborhood boundaries as listed above. Motion approved 4:0. ii. Sanchos Mexican Restaurant II LLC d/b/a Sanchos Mexican Restaurant – New Hotel - Restaurant type liquor license at 6545 Gunpark Drive, Unit 280, Boulder, CO 80301 Boundaries for this application were set as: North: Mineral Road South: Jay Road East: 75th Street Extended West: Spine Road Member Wallace moved, Friesen seconded, to set the neighborhood boundaries as listed above. Motion approved 4:0. b. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room – none this month No matters were discussed. BLA 6.21.17 DRAFT Minutes Page 7 of 8 c. Informational items i. June Special Events and Temporary Modifications The June Special Events and Temporary Modifications list was provided to the Authority in their packet for review. ii. June Liquor License renewal mailing lists The June liquor license renewal list was provided to the Authority in their packet for review. iii. Email from Mishawn Cook to BLA members regarding BLA Annual Board Retreat on June 27, 2017, and Preliminary Retreat Agenda This material was stated to be in the hearing packet. iv. State LED 2017 Liquor Legislation Summary This material was stated to be in the hearing packet. v. State LED May 11, 2017 Email - Updates on Communication Tools This material was stated to be in the hearing packet. vi. State LED May 15, 2017 Email - SB16-197 Statutory Working Group Meeting / May 19, 2017 Agenda This material was stated to be in the hearing packet. vii. State LED May 18, 2017 Email - Notice of Formal EBT Rule Making Hearing This material was stated to be in the hearing packet . viii. State LED May 19, 2017 Email - Manufacturers License – Ability for Customer to Assist This material was stated to be in the hearing packet. 14. Matters from the Chair and Members of the Authority BLA 6.21.17 DRAFT Minutes Page 8 of 8 Member Wallace inquired about Retail Liquor License changes. Ms. Markel noted about discussing the Retail Liquor License and 3.2% Beer On & Off Premise type liquor license changes with Ms. Cook and Mr. Carl Castillo, City of Boulder Policy Advisor. ADJOURNMENT Member Friesen moved, Califano seconded, to adjourn this hearing. Motion approved 4:0, thus the hearing was adjourned at 5:16 PM. TIME AND LOCATION OF FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS: 3rd Wednesday of every Month at 3PM in City Council Chambers for 2017. ______________________________________________________________________________ Attested: Approved: _________________________________ ___________________________________ Mishawn J. Cook, License Administrator Vice- Chair of Beverage Licensing Authority BLA 6.21.17 DRAFT Minutes Page 1 of 8 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * * MINUTES * * * WEDNESDAY, JULY 19 , 2017, 3:00 P.M. CITY COUNCIL CHAMBERS MUNICIPAL BUILDING – 2ND FLOOR 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: July 19, 2017 NAME & PHONE OF PERSON Mishawn Cook, License Administrator (303-441-3010) PREPARING SUMMARY: Beata Mazurkiewicz, Licensing Specialist (303-441-3091) NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: David Timken, Alyssa Lundgren, Steven Wallace, Michael Friesen, and Matthew Califano Staff Present: Carey Markel, Assistant City Attorney, Mishawn Cook, License Administrator, Beata Mazurkiewicz, Licensing Specialist 1. Administrative Board Matters i) Member Roll Call Roll call was taken. A quorum of five BLA members were in attendance. ii) Approval of BLA minutes from June 21, 2017 The minutes were not included in the hearing packet and will be included in the hearing packet for August 16, 2017. iii) Hearing agenda issues from licensing clerk Ms. Cook noted that Chaz, LLC d/b/a Red’s Liquor requested a continuance of Agenda Item 10. Applicant Catherine Zimmerman, Owner and Manager, was sworn in and confirmed the ten-day premise posting under oath, and requested a continuance to next month’s hearing. Member Wallace moved, Califano seconded, to continue this Agenda Item to the BLA hearing on August 16, 2017. Motion approved 5:0. 2. Matters from the Boulder Police Department (BPD). BLA 6.21.17 DRAFT Minutes Page 2 of 8 Officer Daniel Bergh appeared on behalf of the BPD and discussed the Last Drink Summary report. Officer Bergh also noted about Boulder Police Department updating their software and about fewer DUI arrests in Boulder. 3. Matters from the Responsible Hospitality Group (RHG). No matters were discussed. 4. 13th Street The Hill, LLC d/b/a Taco Junky, 1149 13th Street, Boulder, CO 80302 - Monthly status renewal report to BLA. Michael Caravello, Manager, appeared and was sworn in and noted a receipt which was submitted to the licensing office and date stamped July 17, 2017. The Sales/Use Tax Division form was entered as Agenda Item 4, Exhibit 1. Member Wallace moved, Friesen seconded to approve the self-report requirement for the month of July. Motion approved 5:0. 5. Show cause hearing concerning a March 24, 2017 violation and whether the Beer & Wine type liquor license held by iClick, Inc d/b/a Alpine Modern Café, 904 College Avenue, Boulder, CO 80302, should be suspended or revoked. Lon McGowan, Owner and Registered Manager, appeared and was sworn in. Chair Timken read the hearing procedures. No BLA members disclosed ex-parte communications or conflicts of interest. Christopher Reynolds, BPD prosecutor, noted that a stipulation has been reached in this matter. Member Wallace moved, Lundgren seconded, to accept the stipulation to facts. Motion approved 5:0. Mr. McGowan provided testimony regarding mitigating evidence. The BLA noted mitigating and aggravating factors. Member Lundgren recommended RHG membership and inquired about written alcohol policies. Member Wallace moved, Friesen seconded, to set this violation penalty at 5 suspension days served with 9 days held in abeyance. Motion approved 5:0. Member Wallace moved, Califano seconded, to set the 5 days to be served from July 24, 2017 to July 28, 2017. Motion approved 5:0. 6. Show cause hearing concerning a March 24, 2017 violation and whether the Tavern type liquor license held by Johnny's Cigars, Inc d/b/a Johnny's Cigars, 1801 13th Street, Unit 110, Boulder, CO 80302, should be suspended or revoked. John Welsh, Owner and Registered Manager, appeared and was sworn in. Chair Timken read the hearing procedures. No BLA members disclosed ex-parte communications or conflicts of interest. Mr. Reynolds stated that a stipulation to the facts in this matter had been reached. The signed stipulation was entered as Agenda Item 6, Exhibit 1. Member Wallace moved, Friesen seconded, to accept the stipulation. Motion approved 5:0. BLA 6.21.17 DRAFT Minutes Page 3 of 8 Mr. Welsh provided testimony regarding mitigating evidence and requested to surrender the Tavern type liquor license on August 1, 2017 and close this location. Member Wallace moved, Califano seconded, to accept the surrender of the Tavern type liquor license on August 1, 2017. Motion approved 5:0. 7. Show cause hearing concerning an April 21, 2017 violation and whether the Beer & Wine type liquor license held by Modmarket, LLC d/b/a Modern Market, 1600 28th Street, Suite 1212, Boulder, CO 80301, should be suspended or revoked. Rob ert McColgan, Member and Registered Manager, appeared and was sworn in. Chair Timken read the hearing procedures. No BLA members disclosed ex-parte communications or conflicts of interest. Mr. Reynolds noted that a stipulation has been reached in this matter. Member Wallace moved, Friesen seconded, to accept the stipulation to facts. Motion approved 5:0. Mr. McColgan provided testimony regarding mitigating evidence. Checking IDs Procedures were entered as Agenda Item 7, Exhibit 1. The BLA noted mitigating and aggravating factors. Member Califano moved, Wallace seconded, to set this violation penalty at 6 suspension days served with 10 days held in abeyance. Motion approved 5:0. Member Wallace moved, Lundgren seconded, to set the 6 days to be served from July 24, 2017 to July 29, 2017. Motion approved 5:0. 8. Show cause hearing concerning an April 21, 2017 violation and whether the Hotel- Restaurant type liquor license held by Sioux Inc d/b/a Owsley’s Golden Road & Lulu’s Kitchen, 1301 Broadway, Boulder, CO 80302, should be suspended or revoked. Beata Mazurkiewicz, Licensing Specialist, convened this agenda item. Jay Bianchi, Owner, appeared and was sworn in. Chair Timken read the hearing procedures. No BLA members disclosed ex-parte communications or conflicts of interest. A signed stipulation to facts was offered as Agenda Item 8, Exhibit 1. Member Wallace moved, Califano seconded, to accept the stipulation. Motion approved 5:0. Mr. Bianchi provided testimony regarding mitigating factors. Mishawn Cook, Licensing Administrator, provided testimony regarding aggravating factors. The BLA noted mitigating and aggravating factors. Member Wallace moved, Califano seconded, to set this violation penalty at 2 suspension days served with 0 days held in abeyance. Motion approved 5:0. Member Wallace moved, Friesen seconded, to set the 2 days to be served from July 24, 2017 to July 25, 2017. Motion approved 5:0. BLA 6.21.17 DRAFT Minutes Page 4 of 8 9. Public hearing and continued consideration of an April 14, 2017 application from Cajun Cridder PS LLC d/b/a French Quarter Brasserie, 1207 Pearl Street, Boulder, CO 80302; Linda Hale, Member and CMO, Fatim Crosswhite, Member and CFO, Joseph Crosswhite, Member and COO, and Andrew Bean, Proposed Registered Manager, and with no other owners over a 10% interest; with a business mailing address of 1521 Boyd Pointe Way, Apt. 3301, Tysons, VA 22182, for a New Hotel-Restaurant type liquor license. Applicant Joseph Crosswhite, Member and COO, and Andrew Bean, Proposed Registered Manager, appeared, were sworn in, and affirmed the posting of the premises for the required ten-day period. Chair Timken read the procedures. No BLA members disclosed ex-parte communications or conflicts of interest. No third parties requested interested party status and no public comments were received. Mr. Crosswhite and Mr. Bean provided testimony regarding this new Hotel-Restaurant type liquor license application, and the petitioning materials. Member Wallace recommended amending questions #13d and #13r on Linda Hale’s Individual History Record. Member Lundgren recommended RHG membership. Ms. Cook noted about the licensing office still waiting for the revocable patio lease. Member Califano moved, Wallace seconded, to approve this application for a new Hotel- Restaurant type liquor license with a condition of submitting a copy of the signed revocable patio lease to licensing office within 30 days from today’s day. Motion approved 4:0 with Chair Timken abstained due to absence during the June 21, 2017 BLA Hearing. 10. Public hearing and consideration of an April 20, 2017 application from Chaz, LLC d/b/a Red’s Liquor, 4481 N. Broadway, Boulder, CO 80304; Catherine Zimmerman, Owner and Manager; with a business mailing address of 5566 Pioneer Road, Boulder, CO 80301, for a Transfer of a Retail Liquor Store type liquor license. This Agenda Item was continued by the BLA under Agenda Item 1. 11. Public hearing and consideration of a May 8, 2017 application from Boulder Food Park, LLC d/b/a Rayback Collective, 2775 Valmont Road, Boulder, CO 80301; Henry Grant, Member, Justin Riley, Member, Joel Batts, Member, and Alana Koenig, Proposed Registered Manager, and with no other persons or entities owning over a 10% Interest; with a premise mailing address, for a Change of Class from Beer & Wine to Tavern type liquor license. Adam Stapen appeared as the licensee’s attorney. Henry Grant, Member, Justin Riley, Member, Alana Koenig, Proposed Registered Manager, and Max Scott, petitioner with Oedipus, Inc., were sworn in and confirmed the ten -day premise posting under oath. Hearing procedures were waived. No third parties requested interested party status and no public comments were received. No BLA members disclosed conflicts of interest. Member Lundgren noted she and the Licensee are both members of the RHG and that the Licensee contacted BLA 6.21.17 DRAFT Minutes Page 5 of 8 her a couple of months ago, during one of the RHG meetings, and mentioned that they are interested in changing their type of liquor license and Ms. Lundgren directed them to Ms. Mishawn Cook. Mr. Scott provided testimony regarding the neighborhood petition results. Mr. Grant, Mr. Riley, and Ms. Koenig provided testimony regarding the liquor license application. Member Wallace inquired about the indoor and outdoor square footage of the premises, the zoning form and about the Tavern type liquor license. Member Califano inquired about hours of operation and about community involvement. Ms. Cook noted about the requirement for Mobile Food Vehicles to be properly licensed. Member Califano moved, Lundgren seconded, to approve this application for a new Tavern type liquor license. Motion approved 4:1 with Member Wallace opposed. 12. Public hearing and consideration of a May 9, 2017 application from Sanchos Mexican Restaurant II LLC d/b/a Sanchos Mexican Restaurant, 6545 Gunpark Drive, Unit 280, Boulder, CO 80301; Shawn Camden, Owner, and Marcela Favela, Proposed Registered Manager, and with no other owners over a 10% interest; with a premise mailing address, for a New Hotel-Restaurant type liquor license. Applicant Shawn Camden, Marcela Favela, Proposed Registered Manager, and Maricela Favela, appeared and were sworn in and affirmed the posting of the premises for the required ten-day period. Chair Timken read the procedures. No BLA members disclosed ex-parte communications or conflicts of interest. Two third parties requested interested party status and public comments were received. Interested parties Penelope Bartell and Jason Kemp also sworn in, provided testimony, and expressed support regarding this license application. Member Lundgren inquired about business policies and ID checking policies. Member Califano recommended RHG membership. TIPS training information was entered as Agenda Item 12, Exhibit 1. Sancho’s Authentic Mexican Restaurant II LLC Experience with Petitioning and Responses and to staff discoveries was entered as Agenda Item 12, Exhibit 2. Alcohol Consumption Rules and Procedure were entered as Agenda Item 12, Exhibit 3. Affidavit of Circulator was entered as Agenda Item 12, Exhibit 4. Email about additional TIPS training information was entered as Agenda Item 12, Exhibit 5. Member Friesen moved, Wallace seconded, to approve this application for a new Hotel- Restaurant type liquor license. Motion approved 5:0. BLA 6.21.17 DRAFT Minutes Page 6 of 8 13. Matters from the Assistant City Attorney Member Wallace inquired about Needs or Desires language explanation. Ms. Markel commented that she will provide an explanation at the August 16, 2017 BLA Hearing. 14. Matters from the Licensing Clerk a. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room i. Vinnie Fera LLC - change of location for Limited Winery sales room to new location of 3012 Sterling Circle, Suite 110, Boulder, CO 80301 No comments were received. Updated Premise Diagram and Alcohol Control Plan was entered as Agenda Item 14. a. i. Exhibit 1. City of Boulder approved Zoning Confirmation was entered as Agenda Item 14. a. i. Exhibit 2. The Authority had no comments or questions regarding this application. As such, there was no local opinion or request to deny this application for the State Liquor Enforcement Division b. Informational items i. July Special Events and Temporary Modifications The July Special Events and Temporary Modifications list was provided to the Authority in their packet for review. Member Wallace inquired about Special Event Liquor License fees. ii. July Liquor License renewal mailing lists The July liquor license renewal list was provided to the Authority in their packet for review. iii. June 27, 2017 BLA Annual Board Retreat Summary This material was stated to be in the hearing packet. BLA 6.21.17 DRAFT Minutes Page 7 of 8 iv. State LED June 22, 2017 Email – 2017 Liquor Rules Working Group and 2017 Rule Making Introductory Letter This material was stated to be in the hearing packet. v. State LED June 28, 2017 Email – July 2017 Liquor Application Fee Changes This material was stated to be in the hearing packet. vi. State Liquor Enforcement Division Fee Schedule July 2017 and Colorado Department of Revenue Suggested Revision to Rules and Regulations form This material was stated to be in the hearing packet. vii. State LED July 5, 2017 Email – 2017 Liquor Rules Working Group Agenda for July 6, 2017 Meeting This material was stated to be in the hearing packet. viii. Email from Mishawn Cook to BLA members regarding Summer Update on Civic Area for Boards & Commission members This material was stated to be in the hearing packet. Ms. Cook informed the BLA Authority about licensing office having completed inspecting all 3.2% Beer Off and On Premise type liquor license locations in the City of Boulder and about discovering that King Soopers located at 1650 30th Street and Safeway located at 2798 Arapahoe Avenue moved their beer coolers without applying for permanent modification of their licensed premises; consequently, Ms. Cook requested that the BLA Authority allows for the licensing office to administratively accept permanent modifications for the two King Soopers and Safeway locations to correct their diagrams as they are operating now. Member Wallace moved, Califano seconded to allow the licensing office to administratively accept permanent modifications for the two King Soopers and Safeway locations. Ms. Markel recommended informing all the 3.2% Beer Off and On Premise type liquor license licensees about the fact that any additional changes to their licensed premises would require submitting Permanent Modification applications, petitioning, and a BLA hearing. Member Wallace noted that Safeway located at 3325 28th Street moved their alcohol to a different location at their licensed premise and that they also sell beer that is stronger than 3.2%. Ms. Cook commented that she will make a note of that information. 15. Matters from the Chair and Members of the Authority No matters were discussed. BLA 6.21.17 DRAFT Minutes Page 8 of 8 ADJOURNMENT Member Wallace moved, Chair Timken seconded, to adjourn this hearing. Motion approved 5:0, thus the hearing was adjourned at 6:05 PM. TIME AND LOCATION OF FUTURE MEETINGS, COMMITTEES OR SPECIAL HEARINGS: 3rd Wednesday of every Month at 3PM in City Council Chambers for 2017. ______________________________________________________________________________ Attested: Approved: _________________________________ ___________________________________ Mishawn J. Cook, License Administrator Chair of Beverage Licensing Authority 1 Teague, Kristen From:Teague, Kristen Sent:Tuesday, August 1, 2017 1:29 PM To:Teague, Kristen Subject:FW: RHG Monthly Meeting - Wednesday, August 2nd - 2:30 pm - Outback Saloon From: RHG Boulder [mailto:mike@mountainsunpub.com] Sent: Monday, July 31, 2017 5:40 PM To: Cook, Mishawn <cookm@bouldercolorado.gov> Subject: RHG Monthly Meeting ‐ Wednesday, August 2nd ‐ 2:30 pm ‐ Outback Saloon RHG Boulder - Meeting This Wednesday! www.rhgboulder.com RHG Boulder will host our monthly meeting this Wednesday at 2:30 pm at the Outback Saloon. We will be discussing current issues with Compliance Checks and enforcement in the City of Boulder. We will also be discussing the Zero Waste Ordinance and how it everyone is working with it. We will have an opportunity to find out some of the results from the International Town & Gown research from the underage compliance checks in our community. 2 We hope to see you all there! Outback Saloon 3141 28th St. Boulder, CO 80301 Wednesday 08/02/2017 2:30 pm Please forward any questions about RHG Boulder to Mike Absalom. Thanks! mike@mountainsunpub.com RHG Boulder | mike@mountainsunpub.com | RHGBoulder.com STAY CONNECTED: 3 [Your Company Name], 54 Active Members, Boulder, CO 80302 SafeUnsubscribe™ cookm@bouldercolorado.gov Forward this email | Update Profile | About our service provider Sent by mike@mountainsunpub.com in collaboration with Try it free today Responsible Hospitality Group – Boulder, CO Agenda #6 August 2nd, 2017 Zero Waste, IGTA, Officer Bergh, & Sugary Drink Tax The Outback Saloon Welcomes, introductions, and thanks for coming! Please sign in your attendance. BLA is made aware of every monthly sign in sheet. Please make sure your presence is noted. I. Zero Waste Ordinance Mark Wesson – City of Boulder Smelly & Leaky Bins The cost of compostable bags Ramifications of non-compliance II. IGTA Teresa Wroe & Julie Volkens Bystander Training What does it mean for us? III. Compliance Checks Officer Bergh – City of Boulder How many compliance checks can we expect per year? How is the success/failure rate this year? IV. Sugary Drink Tax Concentrates are double the cost! Passing this cost along to patrons? V. Matters from the City Clerk Hearing agenda is available at www.bouldercolorado.gov NOTE: RHG minutes & attendance are submitted to the BLA members Next BLA Hearing – August 16th – 3:00 pm – City Council Chambers VI. Additional topics / Questions from the members Next RHG Boulder Meeting will be the State LED Conference Location – City Council Chambers Date - TDB mike@mountainsunpub.com ian@z2ent.com 1 Teague, Kristen From:Teague, Kristen Sent:Thursday, August 3, 2017 7:50 AM To:'Jessica Candelaria' Cc:Osborne, Curt; Brown, Patrick; Cook, Mishawn Subject:RE: RHG Agenda 8.2.17 @ The Outback Saloon Attachments:SSB Letter to Distributors and Retailers 06-01-2017.pdf; City of Boulder -- Sugar-Sweetened Beverage Tax FAQs.pdf Jessica, Thank you for the agenda copy from yesterday’s meeting! As discussed we are attaching the letter on the SSBT sent out in early June and the FAQ sheet. Also for you to pass on is the link to the webpage: www.bouldersugarbevtax.com If you would like a more formal presentation from staff on this topic, they would be happy to assist the RHG, please contact: Curt L. Osborne Revenue Manager O: 303‐441‐3436 M: 720‐391‐5495 osbornec@bouldercolorado.gov Thanks! Best Regards, Kristen Teague, CMC Licensing Specialist II Certified Municipal Clerk O: #303‐441‐3034 TeagueK@bouldercolorado.gov Tax and Licensing Division Finance Department 1777 Broadway | Boulder, CO 80302 Bouldercolorado.gov Our Sales Tax and Licensing Division office is located at: 1777 Broadway‐Municipal Building‐ 1st floor (SW corner of Canyon and Broadway) 2 Look for the glass door labeled "Sales Tax and Licensing" Division and press the doorbell for us at the customer service window labeled: Liquor/MJ/Misc. Licensing help. Paid parking is available to the west of the building along Canyon and also a paid City Parking Garage at 11th and Walnut (one block North of our building). Sender and receiver should be mindful that all incoming and outgoing emails may be subject to the Colorado Open Records Act, § 24‐72‐200.1, et seq. From: Jessica Candelaria [mailto:jess@mountainsunpub.com] Sent: Wednesday, August 2, 2017 4:59 PM To: Teague, Kristen <TeagueK@bouldercolorado.gov> Subject: RHG Agenda 8.2.17 @ The Outback Saloon Hi Kristen, It was nice to meet you today. Here is the agenda for todays meeting. When you have a chance could you send us some more info on the sugary drink tax FAQ’s sheet and any other info that you’ve sent out in the past? Cheers, Jess Jessica Candelaria General Manager Mountain Sun Pub & Brewery 1535 Pearl Street Boulder, CO 80302 303-503-3942 P.O. Box 791 | 1777 Broadway, Boulder CO 80302 | bouldercolorado.gov | O: 303-441-3040 June 1, 2017 Dear City of Boulder Retailer: In November 2016, voters in Boulder passed citizen-initiated Ballot Issue 2H, a measure that creates an excise tax of 2 cents ($.02) per ounce on the first distribution in any chain of distribution of certain sugar-sweetened beverage products in the city. This tax is not a retail sales tax and is not imposed directly on the consumer. Rather, the intent is that the distributor of sugar-sweetened beverage products will pay the tax. The new tax goes into effect on July 1, 2017. Once implemented, this tax imposes several requirements on distributors of sugar-sweetened beverage products and their retailer customers. Among these is a requirement that retailers of sugar- sweetened beverage products, like yourself, provide the city’s Tax and License Division evidence that the distributor supplying these products has registered with the city. To ease the burden of compliance with this requirement, the city is attempting to identify all distributors of sugar-sweetened beverage products and help them get registered before the July 1, 2017 implementation date. We realize you may need more information to determine which distributors are covered by this program. The relevant products, as defined in this ordinance, include all drinks and beverages commonly referred to as “soda,” “pop,” “cola,” “soft drinks,” “sports drinks,” “energy drinks,” “sweetened ice teas,” “sweetened coffees” or any other common names that are derivations thereof. Taxable sugar-sweetened beverage products also include powders and syrups distributed to businesses that use those products to prepare/manufacture ready-to-drink sugar-sweetened beverages. The city is asking you to look at the attached list of distributors who are already registered; this list is also available online at www.BoulderSugarBevTax.com. If your distributors are on the list, no further action is necessary. If you utilize a distributor that is not on this list, please provide the city with the name, address and related contact information for that distributor so that city staff can reach out to them. Businesses can comply with this information request in two ways: 1. Visit www.BoulderSugarBevTax.com and click on the link titled “Notification of Unregistered Distributors”. Enter the required distributor information into the online form provided. 2. Send the requested information in writing to: City of Boulder, Tax and License Division, PO Box 791, Boulder, CO 80302. Please provide this information to the city no later than June 19, 2017. Even if you are not a distributor of sugar-sweetened beverages, your business may have reporting, tax-return filing and payment obligations under this new tax program if your business purchases sugar-sweetened beverage products from unregistered distributors or if your business otherwise receives and then sells untaxed sugar- sweetened beverage products. Visit www.BoulderSugarBevTax.com for additional information. P.O. Box 791 | 1777 Broadway, Boulder CO 80302 | bouldercolorado.gov | O: 303-441-3040 Additional information, including frequently asked questions, guidance and specific ordinance language, is available on the city’s sugar-sweetened beverage excise tax web page -- www.BoulderSugarBevTax.com. Weekly conference calls for distributors and other stakeholders are currently being hosted by the City of Boulder every Tuesday at 2 p.m. MST. Please join these calls if you have questions or an interest in following this effort. The call-in number is 1-720-386-9023 and the Conference Code is 970981. You may also contact me directly with any questions. My email address is osbornec@bouldercolorado.gov, and my direct phone number is 303-441-3436. The city is grateful for your cooperation and assistance. Sincerely, Curt Osborne Revenue Manager Tax and License Division City of Boulder DBA Name Address City State Zip Code 7Up / RC Bottling Company 2840 S Zuni St Englewood CO 80110 Associated Wholesale Grocers 5000 Kansas Ave Kansas City KS 66106 Core-Mark (Denver)3797 N Windsor Dr Aurora CO 80011 Denver Syrup & Bar Supply 353 W 56TH AVE Denver CO 80216 Flex Innovation Group, LLC 800 Boylston St Boston MA 02199 General Nutrition Center #3110 2430 Arapahoe Ave Boulder CO 80309 McLane Foodservice, Inc.4747 McLane Pk Temple TX 76503-6115 McLane/Western Inc.2100 E HWY 119 Longmont CO 80504 Method Coffee Roasters 995 Regent Dr Boulder CO 80309 Mile Hi Frozen Foods 4770 E 51ST AVE Denver CO 80216 Nestle Waters North America 11700 E 45th Ave Denver CO 80239 Performance Food Group, Inc 6721 York St Denver CO 80229 Plentiful Planet Brands LLC 1790 38th St, Ste 105 Boulder CO 80301-2600 QCD Rocky Mountain LLC 4701 E 50TH AVE Denver CO 80216 Starbucks #10857 2400 Baseline Rd Boulder CO 80305 Starbucks #21402 1352 College Ave Boulder CO 80302 Starbucks #246 3033 Arapahoe Ave Boulder CO 80301 Starbucks #5548 1427 Pearl St Boulder CO 80302 Starbucks Coffee #10588 1810 29TH St Ste 1020 Boulder CO 80301 Starbucks Coffee #21402 1352 College Ave, #115 Boulder CO 80302 Starbucks Coffee #240 1402 Broadway Boulder CO 80301 Starbucks Coffee #246 3033 Arapahoe Ave Boulder CO 80302 Starbucks Coffee #5594 2770 Pearl St #B Boulder CO 80301 Swire Coca-Cola, USA 9900 E 40th Ave Denver CO 80238-5009 Target Stores 2800 Pearl St Boulder CO 80302 U.S. Foods Inc.11955 E Peakview Ave Centennial CO 80111 Walmart Market #3096 2972 Iris Ave Boulder CO 80301 Sugar-Sweetened Distributor List Updated June 1, 2017 CITY OF BOULDER -- SUGAR-SWEETENED BEVERAGE PRODUCT EXCISE TAX FAQ’S 1 1. What is the Sugar-Sweetened Beverage Product Tax? The Sugar-Sweetened Beverage Product Tax (“Tax”) is a City excise tax adopted by the voters in November 2016 on the distribution of “sugar-sweetened beverage products” in the City of Boulder. Products whose distribution is subject to the tax include products like soda, energy drinks, and heavily presweetened tea, as well as the syrups and powders used to produce them, such as the boxed syrup used to make fountain drinks. Certain drinks such as infant formula, milk products, alcoholic beverages, and 100% natural fruit and/or 100% vegetable juice are exempt. 2. Who is responsible for paying the tax? Each distributor of sugar-sweetened beverage products shall pay the tax imposed on each non-exempt distribution of a sugar-sweetened beverage product, except that if there is a chain of distribution within the City of Boulder involving more than one distributor, the tax shall be levied on the first distributor subject to the jurisdiction of the city, unless the tax is not paid by the first distributor for any reason, it shall be levied on subsequent distributors, provided that the distribution of sugar-sweetened beverage products may not be taxed more than once in the chain of commerce within the city (please see question 30). The City’s interpretation of the definition of “distribution includes retailers obtaining and bringing the beverages into the City themselves (“self-distributors”). The Boulder City Council is currently considering amendments to the ordinance that will further define and clarify “distribution” to include various self-distribution scenarios (see number 6). 3. When does the Tax take effect? The tax takes effect on July 1, 2017. Taxes are due monthly. The first return is due August 21, 2017 and on the 20th of every month after that. Those who fail to file their returns and remit tax payments will be subject to enforcement action. 4. What is the tax rate? The tax rate is two cents ($0.02) per fluid ounce for ready-to-consume, liquid sugar-sweetened beverage products. However, the tax on added “caloric sweeteners” in the form of syrups and powders is calculated on the maximum volume, in fluid ounces, of beverage that the syrup or powder can produce based on the manufacturer’s instructions. While the ordinance requires the tax to be paid on the first non-exempt distribution in the City, if it is not paid at that time, it is payable on the next (or any subsequent) distribution, provided that no taxable product may be taxed more than once. How is the tax calculated? For Sugar-Sweetened Beverages; Number of ounces of Sugar-Sweetened Beverage X Tax Rate = Sugar-Sweetened Beverage Tax For example; • a 12-ounce can of Sugar-Sweetened Soda X .02 = 0.24cents Sugar-Sweetened Tax • an 8-ounce bottle of Sugar-Sweetened Beverage X .02 = 0.16cents Sugar-Sweetened Tax CITY OF BOULDER -- SUGAR-SWEETENED BEVERAGE PRODUCT EXCISE TAX FAQ’S 2 For Syrups or Powders; (A) The manufacturer’s suggested serving size for the volume of fluid ounces of sugar- sweetened beverages produced from syrup or powder upon the initial distribution of syrup or powder; or (B) If the labeling or packaging does not specify the recommended number of servings per container, the tax shall be calculated using the largest volume of fluid ounces of sugar- sweetened beverages that could be produced from syrup or powder upon the initial distribution of syrup or powder. For Example - a 750ml bottle of flavored syrup has 20 grams of sugar per one ounce serving and there are 25 servings in the container. 25 servings X 12 ounces (one serving size) = 300 ounces of SSB 300 ounces X .02 (SSB tax rate) = $6.00 SSB Tax 5. What qualifies as an added “Caloric Sweetener” or Syrup? Some sugar-sweetened beverages are created with added “caloric sweeteners” or syrups. Those sweeteners or syrups are substances or combination of substances that meets all the following criteria: • it is suitable for human consumption; • it adds calories; • it is perceived as sweet to humans when consumed. 6. What is the definition of “distribution” or “distribute”? "Distribution" or "distribute" means the transfer of title or possession: • From one business entity to another for consideration; or • Within a single business entity, such as by a wholesale or warehousing unit to a retail outlet or between two or more employees or contractors; or • For products for which the tax imposed by this chapter has not been paid by a prior distributer, "distribution" or "distribute" also means the placement of a product with a retailer of sugar- sweetened beverage product. "Distribution" or "Distribute" shall not mean the retail sale to a consumer. CITY OF BOULDER -- SUGAR-SWEETENED BEVERAGE PRODUCT EXCISE TAX FAQ’S 3 7. What are some typical taxable distributions? Typical taxable distributions would be: • delivery of syrup to fast food or other restaurants; • delivery of syrup to stores that sell fountain drinks; and • delivery of Bottled Sugar-Sweetened Beverage with added caloric sweeteners to retail outlets and restaurants. • purchase of Bottled Sugar-Sweetened Beverage or powders/syrups with added caloric sweeteners from unregistered distributors (self-distribution). This is not an exclusive list of taxable distributions, but is intended only to provide typical examples. 8. Are there any exemptions to the Tax? Yes. The Tax does not apply to: • to any distribution of syrups and powders sold directly to a consumer and intended for personal use by a consumer that are not already pre-mixed into a sugar-sweetened beverage product such as granulated sugar, honey, agave and similar products. • to any milk product. • to infant formula. • to any alcoholic beverage. • to any beverage for medical use. 9. How is medical use defined? Any beverage that meets the statutory definition of “medical food” under the Orphan Drug Act, 21 U.S.C. 360ee(b)(3), as amended. The Orphan Drug Act provides: “The term ‘medical food’ means a food that is formulated to be consumed or administered internally under the supervision of a physician and that is intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation.” In order to meet the definition of “medical food,” a beverage must meet the following criteria: • It is a specially formulated and processed product (as opposed to a naturally occurring foodstuff used in its natural state) for the partial or exclusive feeding of a patient by means of oral intake or enteral feeding by tube, meaning a tube or catheter that delivers nutrients beyond the oral cavity directly into the stomach or small intestine; • It is intended for the dietary management of a patient who, because of therapeutic or chronic medical needs, has limited or impaired capacity to ingest, digest, absorb, or metabolize ordinary foodstuffs or certain nutrients, or who has other special medically determined nutrient requirements, the dietary management of which cannot be achieved by the modification of the normal diet alone; • It provides nutritional support specifically modified for the management of the unique nutrient needs that result from the specific disease or condition, as determined by medical evaluation; • It is intended to be used under medical supervision; • It is intended only for a patient receiving active and ongoing medical supervision wherein CITY OF BOULDER -- SUGAR-SWEETENED BEVERAGE PRODUCT EXCISE TAX FAQ’S 4 the patient requires medical care on a recurring basis for, among other things, instructions on the use of the medical food; and • It is marketed by the manufacturer as a medical food, either on the product labeling or in other marketing material. 10. Does this tax apply to soda only? No, this tax applies to any ready-to-consume sugar-sweetened beverage that contains at least 5 grams of caloric sweetener per 12 fluid ounces (or equivalent ratio) and to the volume of sugar-sweetened beverage that can be produced from certain syrups and powders. 11. How do I determine whether the tax applies to the distribution of a beverage and how do I calculate tax? Below is a suggested 2-step method for determining whether the tax applies to the distribution of a Sugar-Sweetened Beverage. It does not constitute legal advice and so legal counsel should be consulted on the applicability of the tax to the distribution of a beverage. Step 1: Does the non-alcoholic beverage have at least 5 grams of caloric sweetener per 12 fluid ounces? If no, then the tax does not apply. (Example: This includes most diet drinks that don’t have calories.) If yes, proceed to Step 2. Step 2: Sugar-Sweetened Beverage does NOT include any of the following; • Any beverage in which milk is the primary ingredient, i.e. the ingredient constituting a greater volume of the product than any other; • Any beverage for medical use; • Any liquid sold for use for weight reduction as a meal replacement; • Any product commonly referred to as “infant formula” or “baby formula;” • Any alcoholic beverage; • Any beverage consisting of one hundred (100) percent natural fruit or vegetable juice; • Sweetened medication such as cough syrup, liquid pain relievers, fever reducers, and similar products. • Any product commonly used exclusively to mix with alcohol that may exceed 5 grams or more per serving of caloric sweetener per 12 ounces of fluid that is not a sugar sweetened beverage, including without limitation margarita mix, bloody mary mix, daiquiri mix, club soda, tonic water or similar products. If no, then the tax does not apply. (Example: 100% fruit or vegetable juice that, by definition, don’t have added sugar because it is 100% fruit or vegetable.) If yes, then the tax is likely to apply. 12. Is sugar (e.g., sucrose, glucose, fructose, etc.) an added caloric sweetener? Yes. Sugar is an added caloric sweetener because it meets the definition of an added caloric sweetener CITY OF BOULDER -- SUGAR-SWEETENED BEVERAGE PRODUCT EXCISE TAX FAQ’S 5 as found in Chapter 3-16. It (i) is s suitable for human consumption; (ii) adds calories to the diet if consumed; (iii) is perceived as sweet when consumed; and (iv) is used for making, mixing, or compounding sugar-sweetened beverages. 13. Is the distribution of granulated sugar an added caloric sweetener a taxable distribution? Chapter 3-16 exempts the distribution of natural or common sweeteners from the tax. Chapter 3-16 defines natural or common sweeteners to include granulated sugar. However, once granulated sugar is used to make a sugar sweetened beverage, the distribution of that beverage is taxable (see previous answer). 14. Is the Tax a Sales Tax? No. This is an excise tax. 15. May distributors increase their prices to retailers to pay for the Tax? The ordinance does not prohibit distributors from increasing prices; that is a private business decision. The ordinance does not prohibit the Sugar Sweetened Beverage Product Tax from being passed on to consumers at the register or otherwise invoiced as a tax or surcharge. The ordinance does not prohibit retailers from increasing the shelf pricing; that is a private business decision. 16. Invoice/ Receipt How should the beverage tax be presented on the invoice between a distributor and a retailer? Included in the sales price line amount or can it be a separate line item? Should the invoice include any particular language/ descriptions with reference to the beverage tax? On the first distribution in the City, the Sugar-Sweetened Beverage Tax (SSBT) should be separately stated on the invoice from the distributor to the retailer. It can be called anything you like as long as we can identify it. 17. Is a sale to a nursing homes or assisted living facility a distribution subject to the beverage tax since this is the residents’ home? The distribution of ready-to-drink sugar-sweetened beverages, powders and syrups to nursing homes or assisted living facilities is taxable in the city. The distribution has taken place when the distributor delivers SSB products for consideration to the facility. If you have questions about a powder or syrup, please contact the Revenue & Licensing Division for clarification. 18. Rounding: For ready-to-drink sugar-sweetened beverages, are ounces rounded to the full ounce before calculating the tax or is the tax rounded after multiplying it with the actual ounces of the beverage? For purposes of tax calculation, the total number of ounces of sugar-sweetened beverage distributed should be calculated without rounding. That total number of ounces should then be multiplied by $.02. The resulting total tax liability can be rounded to the nearest cent if necessary. CITY OF BOULDER -- SUGAR-SWEETENED BEVERAGE PRODUCT EXCISE TAX FAQ’S 6 19. Exempt Purchasers – Are any entities exempt from the beverage tax? Public schools? State and Local governments? County jail? Military? Churches? What documentation does the distributor need to obtain and maintain in such instances? There are no exempt purchasers/entities listed in the ordinance. 20. Donations – If a product that is subject to sweetened beverage when sold is donated, is the beverage tax still due the City? If not, would the City please specify what types of donations and/ or to which types of organizations this exemption would apply? i.e. What if products are donated to a non - profit food bank? To a business? The taxation of distributed SSB products which are bona fide donations is exempt. A bona fide donation is a voluntary, gratuitous gift disposed of by the donor out of liberality or generosity, where the donee is enriched and the donor impoverished. There may be no quid pro quo, no reciprocal obligations and no personal benefit for the donor. 21. Self – Use & Samples by distributors – If a product subject to the beverage tax is pulled off the shelf for self-use or for samples, etc., is the beverage tax due on these transactions since they are not a sale to a retailer? Yes – when the product is pulled off the shelf a distribution has occurred. 22. Unknown volumes – How is the distributor to determine the volume of finished product made from syrups/ powders/ concentrates if the manufacturer instructions are not present and it is the retailer who produces the finished product? Can a reasonable estimate be used? Please see # 4 above. 23. Refunds – If the beverage tax is collected in error on a product and/ or from a retailer/distributor, from whom should the retailer/distributor seek a refund – the first distributor or the City – and how? The retailer may seek a refund/credit from the distributor. 24. Product Taxability Dietary Supplements, Liquid Nutritional Products, Thickened Beverages; If items above qualify for an exemption – NO (see exempted items in #7) If items above, do NOT qualify for an exemption – YES (see exempted items in #7) Flavored Syrups (not sold in grocery stores) added to a beverage – i.e. Cherry syrup added to a Coke since the cherry flavoring is not a beverage by itself but simply an additive to a beverage. The Cherry syrup and Coke would both be taxable. Creamers (not sold in grocery stores) added to a beverage – i.e. Hazelnut, sweetened, creamer intended to be added to coffee. CITY OF BOULDER -- SUGAR-SWEETENED BEVERAGE PRODUCT EXCISE TAX FAQ’S 7 The creamers would be taxable if pre-mixed with the drink. If the creamers are for consumers use, then the creamer would not be taxable. 25. When is the Tax due? The Tax must be remitted/postmarked on or before the 20th day following the month (or on the next business day if the 20th falls on a weekend or holiday) the Tax was incurred. 26. Where can I find the language of the Tax itself? The Tax is Title 3, Chapter 16 of the Boulder Municipal Code, which will be updated in early June 2017. The ballot measure that was adopted by the voters can be found here: https://bouldercolorado.gov/tax-license/finance-sugar-sweetened-beverage-tax 27. I am a retailer. Do I have any obligations under the Tax? PLEASE NOTE – details regarding retailer obligations are still being discussed but this is staff’s recommendation. To aid in the city's collection of taxes due under this chapter, when requested by the city manager, any retailer of sugar-sweetened beverage products that receives sugar-sweetened beverage products from a distributor shall: • Provide to the city evidence that the distributor from whom the sugar-sweetened beverage products were received has registered (a list of registered distributors will be on the city’s website) as a distributor with the city; or • Report to the city all such transactions, the volume in ounces of sugar-sweetened beverage products received in each transaction, and the identity and contact information of the any unregistered distributor from whom the sugar-sweetened beverage product was received and remit it to the city (this is only a one-time notification of an unregistered distributor to the city). Under an ordinance amendment being considered by City Council, retailers and other businesses that bring untaxed sugar-sweetened beverages into the city must remit the excise tax on these products. 28. What about penalties and interest? The Tax imposed by this Chapter shall be administered in the same manner as taxes imposed pursuant to Chapter 3-2-2 and, without limitation, shall be subject to the same delinquency penalties, appeals processes and other enforcement provisions set forth in Chapter 3-2-22. 29. For companies that use a debit blocker identification number, what is the debit blocker number if I want to pay online? The debit blocker number is 4601888750. CITY OF BOULDER -- SUGAR-SWEETENED BEVERAGE PRODUCT EXCISE TAX FAQ’S 8 30. A question has come up regarding multiple distributions in the city and taxing the first distribution. Here’s the scenario. Distributor A distributes SSB product to Distributor B in Boulder. Distributor B then distributes some of that SSB product outside the city. Technically Distributor A would owe SSB Tax on the first distribution. However, Distributor A does NOT know what SSB products were shipped out of the city by Distributor B which in turn would result in a refund. Our proposed solution is Distributor A and the Distributor B come up with an agreement on who pays the SSB Tax on product that is delivered and sold in Boulder and have the city review and sign off on the agreement. This agreement would protect Distributor A, Distributor B and the city. As long as the tax is paid once we are not concerned about which distributor is paying the tax. 31. Is the distribution of Kombucha and other fermented beverages taxable? If a beverage contains 5 or more grams of caloric sweetener per 12 fluid ounces and is not otherwise exempt in the ordinance, then it is taxable. 32. The ordinance exempts any beverage consisting of 100 percent natural fruit or vegetable juice with no added caloric sweetener. What is the taxation of products that combine 100% juice with water and other non-caloric ingredients? 100% juice products are exempt. If a beverage label does not make a “100% juice” claim, but the product does not list sweeteners or added sugars on the ingredients list (other than fruit or vegetable concentrates) and contains the same or less sugar (in grams per oz.) than what would be expected from the same volume of 100% fruit or vegetable juice of the same type based on USDA standards, then the product is not taxable. The City’s tax treatment of these types of juice beverages is based in part on pending (to be implemented in 2018) FDA rules that require “added sugars” be separately disclosed on Nutrition Facts Labels. The following information is excerpted from the Food and Drug Administration’s website: The final rule requires “Includes X g Added Sugars” to be included under “Total Sugars” to help consumers understand how much sugar has been added to the product. The definition of added sugars includes sugars that are either added during the processing of foods, or are packaged as such, and include sugars (free, mono- and disaccharides), sugars from syrups and honey, and sugars from concentrated fruit or vegetable juices that are in excess of what would be expected from the same volume of 100 percent fruit or vegetable juice of the same type. The definition excludes fruit or vegetable juice concentrated from 100 percent fruit juice that is sold to consumers (e.g. frozen 100 percent fruit juice concentrate) as well as some sugars found in fruit and vegetable juices, jellies, jams, preserves, and fruit spreads. More information on the updated rules can be found at: www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/LabelingNutrition/ ucm385663.htm CITY OF BOULDER -- SUGAR-SWEETENED BEVERAGE PRODUCT EXCISE TAX FAQ’S 9 33. Where can I get information about paying the Tax? For information regarding the tax, please contact the city’s Tax & Licensing Division at: City of Boulder Finance Department Attention: Tax & License Division P.O. Box 791, Boulder, CO. 80306 Phone: 303-441-3436 Email: SSBTax@bouldercolorado.gov Website: https://bouldercolorado.gov/tax-license/finance-sugar-sweetened-beverage-tax The Colorado Department of Revenue Liquor Enforcement & Boulder Responsible Hospitality Group presents: Standards for Sellers and Servers of Alcohol Beverages Where: When: Who: Boulder Municipal Building, City Council Chambers (2nd floor) 1777 Broadway, Boulder, Colorado 80302 Tuesday, September 12, 2017 from 9 AM to 12:00 Noon Alcohol Sellers, Servers and Licensees, especially owners and registered managers of liquor licensed premises Presentation by: Colorado Department of Revenue Liquor Enforcement & Boulder Responsible Hospitality Group What: Colorado Liquor Laws, including but not limited to, inspection of premises, hours of service, age of employees, purchasing and storage of alcohol, modification of premises, sale and service of alcohol beverages to underage persons and to visibly intoxicated persons, as well as offer techniques for recognizing fake or altered forms of identification. This program was developed by the State of Colorado training standards. Participation in this program can be used as a mitigating factor when imposing penalties for liquor code violations. How much: Free How to register: Class size is limited! Please Register by September 5, 2017 Questions: Email your interest to: cookm@bouldercolorado.gov or kelly.haralson@state.co.us Contact: Mishawn Cook at 303-441-3010 for questions BEVERAGE LICENSING AUTHORITY, CITY OF BOULDER, COLORADO IN THE MATTER OF THE HOTEL-RESTAURANT TYPE LIQUOR LICENSE #47-04578-0000 OF 13™ STREET THE HILL, LLC., D/B/A TACO JUNKY, 1149 13™ STREET, BOULDER, CO 80302 AGREEMENT FOR DISMISSAL, AND HEARING CONCLUSIONS, AND AMENDED CONTINUING CITY CONDITIONS HEARING HELD 1.The Licensee received official notice of the scheduled Notice of Hearing and Order to Show Cause concerning a February 15, 2017 violation (including any amendments), that the Licensee has been provided an administrative hearing, as is its right, on the allegations set forth in the subject Notice of Hearing and Order to Show Cause. HEARING CONCLUSION 2.That, as found in an administrative hearing before the Boulder Beverage Licensing Authority (BLA), the BLA by quorum found at their hearing on Wednesday April 21, 2017 and as amended by the BLA on Wednesday May17, 2017, that based on the preponderance of the evidence and testimony that there was no liability for the alleged violation in the Notice of Hearing and Order to Show Cause. This BLA hearing matter will then be listed as a dismissal of this Show Cause. CITY CONDITIONS 3.However, the BLA did by quorum determine that a knowledgeable representative from this Hotel-Restaurant liquor license must appear at each monthly hearing on the below dates ( calculated from the date of the original renewal hearing on August 16, 2016) to provide a verbal report and documents sufficient to prove that their city sales tax and liquor occupation tax has been timely filed and paid and so has a current status. The Licensee's representative should bring time/date stamped records and receipts to these monthly hearings to prove full and timely filings. OUTLINE OF HEARING PROCEDURE CITY OF BOULDER BEVERAGES LICENSING AUTHORITY SU SPENSION OR REVOCATION HEARING WITHOUT A STIPULATION 1.Roll Call (if not previously taken). 2.The Chair, upon calling the meeting to order, makes the following opening comments: This is a public hearing before the Beverages Licensing Authority of the City of Boulder to determine whether or not the license of d/b/a: ______________ shall be suspended or revoked on the basis of the violations alleged in the Order to Show Cause served upon the licensee and requiring the licensee's presence here today. Because this is a disciplinary proceeding, the Authority shall not ask for or allow comment from members of the general public on the question of the guilt of the licensee or the appropriate discipline to be imposed. The purpose of this hearing is to receive testimony presented by the City and by the licensee in order to enable this Authority to make findings and to determine by a preponderance of the evidence whether or not the licensee has violated the various laws as alleged. If, in the course of the hearing, testimony or other evidence establishes the guilt of the licensee of a violation of some other law, rule, or regulation than those stated in the notice, the licensee shall be afforded a reasonable continuance upon an offer of proof that evidence in defense, explanation, and mitigation is not then available to the licensee, but can be obtain ed within the period of a continuance not to exceed ten days. A record is being made of these proceedings. All testimony shall be given under oath. The rules of evidence and requirements of proof and procedure shall conform to the extent practicable to those in civil non-jury cases, but when necessary to ascertain facts affecting the substantial rights of the public or of the licensee, the Authority may receive and consider evidence not admissible under such rules if such evidence possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. The rules of privilege required by law shall be respected in this proceeding, and the Chair may exclude incompetent and unduly repetitious evidence. The Chair shall rule upon all questions of evidence and procedure, subject to being overruled on motion sustained by a majority vote of those members of the Authority present. NOTE TO CHAIR: At this time, the Chair asks Authority members if anyone has a conflict of interest in this item or if they have had ex parte contacts regarding this item that they wish to reveal. 3.Outline of the way in which the hearing shall generally proceed: (a)OPENING STATEMENTS. The representative of the City shall be given the opportunity to make a brief statement if the Order to Show Cause and its supporting documentation requires supplementation. The licensee or its representative shall be afforded the opportunity to make an opening statement at that point, or may reserve such statement until the licensee is rea dy to present �ts evidence. S:\CMO\MUNI\LIQUOR\RULES & REG GUIDE\CITY RULES-2000.DOC 20 1 Teague, Kristen From:Cook, Mishawn Sent:Sunday, August 6, 2017 11:08 PM To:Teague, Kristen Cc:Mazurkiewicz, Beata Subject:Fwd: 3 Margaritas Mitigating Factors for August 16, 2017 show cause hearing Attachments:Boulder.Aug 2017 list of employees training0001.pdf; ATT00001.htm; Boulder.August 2017 training certs0001.pdf; ATT00002.htm; Acknowledgement re Non-Compliance.3 Margaritas.Boulder.docx; ATT00003.htm; Boulder.community involvement.docx; ATT00004.htm; Boulder.value coupon.jpg; ATT00005.htm; Boulder.Mariela sales breakdown Aug 20170001.pdf; ATT00006.htm Begin forwarded message: From: "ERIKA M. KAISER" <ERIKAKAISER1@msn.com> To: "Cook, Mishawn" <cookm@bouldercolorado.gov>, "markleyL@bouldercolorado.gove" <markleyL@bouldercolorado.gove> Subject: 3 Margaritas Mitigating Factors for August 16, 2017 show cause hearing Mishawn: With regard to the August 16, 2017 show cause hearing, I have attached the Proof of Training for the employees and their TIPS cards. The card for Marisol Valle-Rodriguez has been lost, but we confirmed with TIPS that she took the class 3-11-16. We will try to have a copy of the replacement card to you as soon as possible. The other employee, Valeria Bretado, is a new hire and will be taking the training this coming Saturday. As mitigating factors, I submit the following: 1.Acknowledgement Regarding Non-Compliance with Liquor Laws, attached. This document must be signed by all employees. It also references 3 Margaritas' self- check program. Management is constantly supervising employees to make sure they ask for IDs and don't over-serve customers. 2.The employee who served the minor in this instance, Juan Florentino, has been employed by 3 Margaritas for 6 years and has had no problems following the law during that time. He has had responsible vendor training, as have all current employees, except for the new-hire, Valeria Bretado. 2 3. Community Involvement: see attached. 3 Margaritas actively contributes to the community by providing cash donations, gift cards and free food. 4. Responsible advertising: see attached value coupon. This is the only print advertising done by 3 Margaritas. One Dollar off of beer and margaritas during a limited happy hour of 3 p.m. - 6 p.m. is reasonable and is not detrimental to the safety and welfare of the community. 5. 3 Margaritas has accepted responsibility for the violation. I have also attached an e-mail from Mariela Aballay with Unify CPAs in Fort Collins who keeps 3 Margaritas' books and records. This is a listing of their alcohol sales for the past 90 days in the event the authority will consider a fine in lieu of suspension. The records for July are not available yet, but will be available by the August 16 hearing date. If you need this accounting information in a different format, let me know. If you need any of the foregoing in a different format, or if we must submit them in person, please let me know as soon as possible. Thank you for your attention to this. Erika Kaiser Erika M. Kaiser, P.C. Attorney at Law 1410 Bellaire Dr. Colorado Springs, CO 80909 (719) 473-8780 (719) 632-7371 fax This e-mail may contain confidential and privileged material, attorney work product or information exempt from disclosure under applicable law and is intended for the sole use of the named recipient. Any review or distribution by others is strictly prohibited. IF YOU ARE NOT THE INTENDED RECIPIENT, PLEASE CONTACT THE SENDER BY PHONE AT (719)473-8780 and delete all copies. ACKNOWLEDGEMENT REGARDING NON-COMPLIANCE WITH LIQUOR LAWS The undersigned (“Employee”) is an employee of 3 Margaritas, located at 3390 28th Street, Boulder, CO 80301 (“3 Margaritas”). Employee acknowledges that Employee has taken a Responsible Vendor Training course and is familiar with the liquor laws of the State of Colorado. Employee agrees to comply with the liquor laws of the State of Colorado, including but not limited to checking for valid identification of any customer who appears to be under the age of 40 years who wishes to purchase alcohol, beer or wine. Employee acknowledges that it is Employee’s duty and obligation to verify the age of a customer before serving that customer alcohol, beer or wine. Employee acknowledges that service of alcohol, beer or wine to a person under the age of 21 years could result in Employee being cited for a violation of the law. Employee shall take full responsibility for all fines, penalties, attorney’s fees, and jail time associated with such violation and agrees to indemnify and hold 3 Margaritas harmless therefrom. Employee acknowledges that service of alcohol, beer or wine to a person under the age of 21 years could result in 3 Margaritas being cited with a liquor law violation which could result in payment of a fine and/or suspension or revocation of 3 Margaritas’ liquor license. A fine, suspension or revocation of 3 Margaritas’ liquor license would impose a substantial financial hardship on 3 Margaritas. Employee acknowledges that 3 Margaritas takes the liquor laws of the State of Colorado seriously and requires its employees to take the liquor laws seriously as well. Therefore, if Employee is cited with a liquor law violation (even if Employee has not received a Warning from 3 Margaritas beforehand), 3 Margaritas will immediately terminate Employee’s employment FOR CAUSE. The management of 3 Margaritas may oversee Employee’s interactions with customers to determine if Employee is asking those customers who appear to be under the age of 40 years for identification before alcohol, beer or wine is served to them. If management sees that Employee has not asked for identification, management will issue a Warning to Employee, as noted below. Employee is entitled to one Warning before Employee’s employment is terminated. Upon the second failure by Employee to ask for identification, 3 Margaritas has the right to terminate Employee FOR CAUSE. By signing below, Employee agrees to comply with the Colorado liquor laws and agrees to the statements above. EMPLOYEE: _________________________________ Date: _______________________ Print Name here: ________________________________ Warning #1: Date _____________ Employee signature ______________________________ 3 Margaritas XXX, Inc. 3390 28th St., Boulder, CO 80301 COMMUNITY INVOLVEMENT 8/11/16 $25.00 donation to Cure for Cancer Rally at Coal Creek Golf Course 10/14/16 $25.00 donation to Boulder Rotary Club 10/18/16 $25.00 gift card to Goat & Grass Fund Raiser 11/12/16 $25.00 gift card to Neverland Area Singers 2016 Columbine Elementary Fundraiser: donated rice & beans 3/7/17 $25.00 donation to Boulder 10th Anniversary Reflection 3/11/17 $25.00 gift card for Crestview Elementary School Silent Auction • Agenda Item 6 TEAM MEMBER HANDBOOK We are truly glad you are here and we will do everything we can to make you want to come back. Acknowledgement Form © P.F. Chang’s China Bistro Revised December 2015 Tear Out Acknowledgement Form This handbook describes important information about your employment with P.F. Chang’s or Pei Wei (the “Company”), and by signing below you certify, agree, and understand that: you have received a copy of the handbook on the date listed below; and you understand it is your responsibility to read and comply with the policies, procedures, and rules of conduct in this handbook and any revisions made to it; and any questions that are not answered in this handbook should be discussed with a manager immediately; and the handbook provides guidelines and summary information about the Company’s policies, procedures, benefits, and rules of conduct; and the handbook is not intended to be all inclusive, and will not contain all of the policies, procedures, guidelines, best practices, and/or benefits that you are responsible to know and may or may not benefit from; and that it is your responsibility to comply and understand all of the policies, procedures, guidelines, best practices, and/or benefits that you may or may not benefit from; and by receiving the handbook and signing the Acknowledgement Form does not create any contractual obligations, or alter the at-will nature of employment; and you understand and agree that no person other than the Company’s Chief Executive Officer may enter into an employment agreement for any specified period of time, or make any agreement contrary to the Company's stated Employment-At-Will Policy; and no oral statement, agreement, or representations can change any provisions of this handbook; and the Company reserves the right to modify, supplement, rescind, or revise any provision, benefit, or policy, with or without notice, as it deems necessary and appropriate; and that if you are employed with the Company following any modifications to the handbook, you thereby accept and agree to such changes; and this handbook will be interpreted and applied consistently with any federal, state, or local laws to the extent they provide different requirements than those outlined here; and all prior versions of this handbook are hereby rescinded. ___________________________________________________ ________________ Team Member Name [Printed] Team Member ID ___________________________________________________ ________________ Team Member Signature Today’s DateTear out here and place in team member file. Team Member Handbook © P.F. Chang’s China Bistro Revised December 2015 This page intentionally left blank.Tear out here and place in team member file. Team Member Handbook © P.F. Chang’s China Bistro Revised December 2015 Page i TABLE OF CONTENTS Acknowledgement Form .............................................. Tear Out Our Philosophy: Living the Message ....................................... 1 Introduction .............................................................................. 2 ABOUT YOUR EMPLOYMENT Open Door Policy .......................................................... 3 Employment At-Will ....................................................... 3 Equal Employment Opportunity Policy .......................... 4 Requests for Accommodation ....................................... 4 Anti-Harassment Policy ................................................. 5 I-9 Statement ................................................................. 8 Identity/Work Authorization Verification ......................... 8 ABOUT YOU Your Pay ........................................................................ 9 PeopleXpress ................................................................. 9 Benefits ........................................................................ 10 Change of Address ...................................................... 10 Pay Distribution ............................................................ 10 Payroll Deductions ....................................................... 11 Tip Reporting ................................................................ 11 Restaurant Team Member Meal Benefit ...................... 12 LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT FMLA Rights ................................................................ 13 Eligible Team Members ............................................... 14 Using Leave ................................................................. 15 Medical Certifications ................................................... 15 Notice Requirements.................................................... 16 Maintenance of Health Benefits ................................... 16 Employer Responsibilities ............................................ 17 Job Restoration ............................................................ 17 Failure to Return After FMLA Leave ............................ 17 Other Employment ....................................................... 17 Fraud ............................................................................ 18 Employers’ Compliance with FMLA ............................. 18 Service Member Related FMLA Leave ........................ 18 Military Caregiver Leave .............................................. 20 Qualifying Exigency Leave ........................................... 21 Limited Nature of This Policy ....................................... 23 TIME OFF Jury Duty ...................................................................... 24 Military Leave ............................................................... 24 Paid Sick Leave ........................................................... 24 Personal Leave of Absence ......................................... 25 Time Off for Religious Observance ............................. 25 Time Off to Vote .......................................................... 25 Unpaid Time Off .......................................................... 25 DAILY PROCEDURES Clocking In and Out ..................................................... 26 Holidays ....................................................................... 26 Overtime ...................................................................... 27 Tardiness and Absence ............................................... 27 Work Schedules .......................................................... 27 EMPLOYMENT POLICIES AND GUIDELINES Access to Personnel Files ........................................... 28 Alcohol Responsibility.................................................. 28 Appearance and Hygiene ............................................ 28 Background Checks .................................................... 29 Cash Handling ............................................................. 30 Designated Spokespersons ........................................ 30 Disciplinary Action and Termination ............................ 31 Drug and Alcohol Use.................................................. 32 Electronic Communications ......................................... 34 Fraternization ............................................................... 34 Guests with Disabilities................................................ 35 Information Security..................................................... 37 Internal Information ...................................................... 37 Lactation Accommodation ........................................... 37 Marketing and Loyalty Programs ................................. 38 Meal Periods and Rest Breaks .................................... 38 Meetings ...................................................................... 38 Employment of Relatives ............................................. 38 No Call/No Show ......................................................... 39 Parking ........................................................................ 39 Personal Property ........................................................ 39 Personal Communication Devices .............................. 40 Social Media and Blogging .......................................... 40 Solicitation and Distribution ......................................... 43 Verification of Employment .......................................... 43 Weapons in the Workplace.......................................... 43 Whistleblowers ............................................................ 44 Workplace Violence ..................................................... 45 SAFETY POLICY Hazard Communication ............................................... 46 Workers’ Compensation Ins. & Reporting ................... 46 Accidents/Injuries Involving Guests ............................. 46 General Security .......................................................... 47 Opening/Closing Safety Procedures ........................... 48 Back Door/Unauthorized Persons ............................... 48 Team Member Handbook © P.F. Chang’s China Bistro Revised December 2015 Page ii This page intentionally left blank. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 1 Our Philosophy: Living the Message We believe the best way to keep our guests and each other happy is through living the Message: “We are truly glad you are here and we will do everything we can to make you want to come back.” We believe that living the Message provides the best climate for development, teamwork, and the attainment of individual and team goals. We are proud of the fact that we provide fair treatment, personal respect, good working conditions, competitive benefits, and pay. In addition, the fact that our workforce has the freedom and flexibility to deliver the Message has enabled us to build a strong and lasting enterprise that provides opportunities for all of our team members. We are aware that there are times when each of us may need to express our concerns, suggestions and comments in order to better understand and appreciate each other. Through various avenues of communication, such as our Open Door Policy, we have the opportunity to interact with each other on a more personal basis without a third-party interrupting our relationship. We can and should speak for ourselves. We have and will continue to listen to each other. By working together – and by letting each other know if there are issues that need to be addressed – we can continue to maintain a healthy working relationship and a successful business for many years to come. This handbook will provide a better understanding of what you can expect from our company and, in turn, what will be expected of you. Please read this handbook carefully. We believe you will find it a valuable tool. Rick Federico Executive Chairman P.F. Chang’s • Pei Wei Michael Osanloo Chief Executive Officer P.F. Chang’s Wayne Jones President P.F. Chang’s Ralph Bower Chief Executive Officer Pei Wei Team Member Handbook Page 2 Revised December 2015 Introduction This handbook describes the general employment policies and procedures of the Company. This information will help you clearly understand what is expected of you and what you can expect from the Company. It is important that all team members become familiar with these policies and procedures to ensure success in their position. This handbook describes P.F. Chang’s China Bistro, Inc. and Pei Wei Asian Diner, LLC collectively as “the Company.” For the purposes of this handbook the term “team member” refers to any non-management hourly or salaried team member of the Company. The term “manager” refers to any management-level team member of the Company. Topics covered in this handbook include general information about: your employment your pay and benefits time away from work general daily procedures employment policies and guidelines safety policy and procedures. All team members are required to: adhere to the Company’s policies and procedures contained in this handbook; and use this handbook as a resource during his or her employment with the Company. Legal Disclaimer This handbook provides guidelines and summary information about the Company’s policies, procedures, and rules of conduct. It does not create any contractual obligations, or alter the at-will nature of employment. Any questions that are not answered in this handbook should be discussed with a manager immediately. The Company reserves the right to modify, supplement, rescind, or revise any provision, benefit, or policy from time to time, with or without notice, as it deems necessary and appropriate. This handbook will be interpreted and applied consistently with any federal, state, or local laws to the extent they provide different requirements than those outlined here. All prior versions of this handbook are hereby rescinded. Contact your local management team to address any unique or different laws or rules that apply to your specific location. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 3 About Your Employment Open Door Policy The Company wants to hear from team members about their concerns, comments and suggestions for improving our Company and operations. Additionally, the Company would like to hear from our team members if they have concerns about their job or other work- related matters. “Open Door” means that any level of management will be happy to talk with any team member upon request; however, team members are encouraged to handle any concerns through their immediate management team, if possible. If a team member feels circumstances exist where they are unable to discuss the situation with their immediate management team, or if they are not able to reach a satisfactory solution at that level, the team member should take their concern through the established management chain of command (i.e. manager, operating partner/general manager, or market partner), or contact an authorized Human Resources representative. As discussed in the Company’s Anti- Harassment and Discrimination policies, any concerns related to discrimination or harassment should be reported pursuant to the reporting procedures outlined in those policies. Employment At-Will Employment is with the mutual consent of the team member and the Company. Both the team member and the Company have the right to terminate the employment relationship at any time, with or without cause or advance notice. This employment at-will relationship will remain in effect throughout the team member’s employment with the Company unless it is specifically modified by an express written agreement signed by the team member and the Company’s Chief Executive Officer. Nothing in this handbook is intended to alter the at-will nature of employment or create any other contractual rights between the Company and its team members. Team Member Handbook Page 4 Revised December 2015 Equal Employment Opportunity Policy The Company provides equal employment opportunities to all team members and applicants for employment without regard to race, color, religion, sex (including pregnancy, breast feedings and related medical conditions), national origin, citizenship, age (40 or older), disability, sexual orientation, gender identity or expression, marital status (including civil unions or domestic partnerships), veteran status, uniform service member status, genetic information, or any other legally protected status in accordance with applicable federal, state, and local laws. This policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, termination, layoffs, recalls, transfers, leaves of absence, compensation, and training. If a team member believes that he or she has been discriminated against in violation of this policy, the team member should immediately report the complaint pursuant to the Complaint Procedure outlined on page 7 in this handbook. Requests for Accommodation The Company complies with all federal, state and local laws regarding individuals with disabilities. Consistent with the ADA and similar state and local laws, the Company is committed to providing reasonable accommodations to disabled team members to allow them to perform essential job functions. Team members who believe that they have a disability that may impact their ability to perform their job should request an accommodation by speaking with their manager or by calling the Employee Helpline at 1-877-4CHANGS (424-2647), Option 1, to speak with the Absence Management team. Once the Company receives notice of a request for accommodation, it will begin an interactive process to: verify that the impairment is a qualifying disability pursuant to applicable law; determine whether the Company is able to provide any reasonable accommodation that will allow the team member to perform the essential job functions. As part of this interactive process, the Company will seek information from the team member and the team members’ health care provider about how the impairment affects the team member and the potential ways the job environment could be modified to provide an accommodation. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 5 The Company will provide reasonable accommodations as long as the accommodations do not create an undue hardship for the Company and/or does not pose a direct threat to the health or safety of others in the workplace and/or to the individual. The type of accommodation(s) offered will vary depending on the disability and the nature of the particular job. In some cases, a reasonable accommodation might include changes to the working environment, modification of certain work rules, a modified schedule, or allowing unpaid leave. If more than one accommodation would be reasonable under the circumstances, the Company reserves the right to select the particular accommodation it will provide. Anti-Harassment Policy The Company strictly prohibits any form of unlawful harassment based on race, color, religion, sex (including pregnancy, breast feedings and related medical conditions), national origin, citizenship, age (40 or older), disability, sexual orientation, gender identity or expression, marital status (including civil unions or domestic partnerships), veteran status, uniform service member status, genetic information, or any other legally protected status in accordance with applicable federal, state, and local laws. Improper interference with the ability of our team members to perform their expected job duties will not be tolerated and will lead to immediate disciplinary action, up to and including termination. The Company’s policy against unlawful harassment applies to all team members, including supervisors and managers. The Company prohibits managers, supervisors and team members from harassing co-workers as well as the Company’s customers, vendors, suppliers, independent contractors and others doing business with the Company. Any such harassment will subject a team member to disciplinary action, up to and including immediate termination. The Company likewise prohibits its customers, vendors, suppliers, independent contractors and others doing business with the Company from harassing our team members. Team Member Handbook Page 6 Revised December 2015 With respect to sexual harassment, the Company specifically prohibits the following, but does not limit prohibited behaviors, to the following list: 1. Unwelcome sexual advances, requests for sexual favors, and all other verbal or physical conduct of a sexual or other offensive nature, especially, but not only, where: submission to such conduct is made either explicitly or implicitly a term or condition of employment; submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s employment; or such conduct has the purpose or effect of creating an intimidating, hostile, or offensive work environment. 2. Offensive comments, jokes, innuendoes, and other sexually-oriented statements. Examples of the types of conduct expressly prohibited by this policy include, but are not limited to, the following: touching, such as rubbing or massaging someone’s neck or shoulders, stroking someone’s hair or brushing against another’s body; sexually suggestive touching; grabbing, groping, kissing, fondling; violating someone’s “personal space”; lewd, off-color, or sexually-oriented comments or jokes; foul or obscene language; leering, staring, or stalking; suggestive or sexually-explicit posters, calendars, photographs, graffiti, or cartoons; sexually-oriented or explicit remarks or gestures, including comments about someone's dress or body; questions about one’s sex life or experience; repeated requests for dates. Other harassing conduct may also be unlawful and will not be tolerated. Such conduct includes actions, words, jokes, or comments based race, color, religion, sex (including pregnancy, breast feedings and related medical conditions), national origin, citizenship, age (40 or older), disability, sexual orientation, gender identity or expression, marital status (including civil unions or domestic partnerships), veteran status, uniform service member status, genetic information, or other legally protected characteristics. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 7 Complaint Procedure All team members are responsible for creating an atmosphere free of discrimination and harassment, sexual or otherwise. Further, all team members are responsible for respecting the rights of their co-workers and guests at all times. Any team member who believes they have experienced any job-related discrimination or harassment based on their race, color, religion, sex (including pregnancy, breast feedings and related medical conditions), national origin, citizenship, age (40 or older), disability, sexual orientation, gender identity or expression, marital status (including civil unions or domestic partnerships), veteran status, uniform service member status, genetic information, or any other protected factor, or otherwise believes that he or she has been treated in an unlawful, discriminatory manner, must promptly report the incident to one or more of the following individuals: Employee Relations (1-877-4CHANGS, Option 3); or The team member’s designated Human Resources representative; or operating partner/general manager; or a restaurant manager; or by reporting the suspected violation through PeopleXpress at ess.pfcb.com. In addition, if you observe harassment or discrimination of another team member, supervisor, manager or non-team member, please report the incident immediately to any of the individuals listed above. The complaint will be kept confidential to the maximum extent practically possible or legally permissible. Your notification of the problem is essential to us. We cannot help you or resolve a harassment or discrimination issue unless we know about it. Complaints of discrimination or harassment will be investigated promptly and in an impartial and confidential a manner as possible. Team members are required to participate in any investigation. The Company will strive to reach a timely resolution of each complaint. If the Company determines that an individual has discriminated against or harassed another individual in violation of the Company’s Anti-Harassment Policy, appropriate disciplinary action will be taken against the offending team member, up to and including termination of employment. Team Member Handbook Page 8 Revised December 2015 Retaliation Policy The Company is committed to prohibiting retaliation against those who report, oppose, or participate in an investigation of alleged wrongdoing in the workplace. If you feel that you are being retaliated against you should immediately make a report pursuant to the above procedure. In addition, if you observe retaliation by another team member, supervisor, manager or non-team member, please report the incident immediately by using the Complaint Procedure. Any team member, supervisor, or manager who is determined to be responsible for violating this policy or condones or ignores potential violations of this policy will be subject to appropriate disciplinary action, up to and including termination. I-9 Statement The Immigration Reform & Control Act of 1986 requires all employers to hire only persons who may legally work in the United States. This law requires employers to verify the identity and employment eligibility of anyone hired. The law also states that it is illegal to discriminate against individuals on the basis of national origin or citizenship, or to require more or different documents than are necessary. Any team member who is unable to present the required documentation within three (3) business days of their start date will be terminated. Any questions regarding the I-9 Forms should be directed to: inquiries-HRIS@pfcb.com. Operating partners/general managers are responsible for monitoring the I-9 forms for field operations. Identity/Work Authorization Verification The Company reserves the right to verify the validity of any person's identification and/or authorization to work in the United States. If the Company has reason to believe that a person does not match the identification, work authorization documentation, or the social security number provided during or after the hiring process, the Company may re-verify the information. Such re-verification may take place at any point throughout a person's employment with the Company. A finding that information or documentation is invalid may result in further investigation and/or termination, as required by federal law. The Company uses E-Verify for all new hires and re-hires. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 9 About You Your Pay Team members are paid the Friday following the end of each pay period, which is determined by the Company. Under no circumstances will the Company make a pay advance or loan of any kind. PeopleXpress PeopleXpress is the Company’s team member portal, where team members can: view pay statements; update personal information such as address, phone number, and e-mail address. enroll in direct deposit, XPRESS Pay, and online W-2; enroll and view benefits. PeopleXpress is available to team members 24 hours a day, 7 days a week, 365 days a year. All team members should regularly log in to PeopleXpress to review pay statements and verify personal information is correct. Team members are assigned a six digit team member identification number and are required to create a personal password which should never be shared. To log in to PeopleXpress: go to ess.pfcb.com; then enter the username (six digit team member ID number); then enter the password. The default password is the month and day of birth and the last four digits of the social security number. For example, if the team member was born on May 1 and the last four digits of their SSN is 1234, their default password would be 05011234. The system will prompt the team member to create a new password and designate a password reset delivery method (by e-mail or text message). Team Member Handbook Page 10 Revised December 2015 Benefits The Company offers a variety of benefits that include medical, dental, vision, and an Employee Assistance Plan. In order to receive these benefits, the team member must enroll once they are notified that they meet the eligibility requirements for benefits. Please contact the Benefits Department at 1-877-4CHANGS, Option 2 for details on plan eligibility and to receive a copy of the applicable plan document that ultimately governs your entitlement to benefits. The Employee Assistance Program (EAP) offers consulting services for all life-work concerns, and is an added benefit that is available to all team members of the Company. Team members can call the EAP at 1-888-238-6232 or go online at www.aetnaeap.com and enter PFCBEAP8 for the Company ID and password for assistance with personal well-being counseling, financial concerns, maternity advice, among other work/life issues. Change of Address Team members are responsible for keeping their personal information (address, telephone and mobile numbers, and e-mail address) up-to-date during the entirety of their employment with the Company. Team members can update this information in PeopleXpress at ess.pfcb.com. Pay Distribution The Company strongly encourages all team members to sign-up for direct deposit. All team members have the option to have the Company directly deposit their pay into a qualified bank account. Direct deposit provides a convenient and time-savings opportunity. Team members can enroll in direct deposit through PeopleXpress at ess.pfcb.com. Consistent with state and local laws, team members may alternatively choose to have their full pay deposited directly into a Money Network payroll distribution program that provides team members with Money Network Checks and an optional Visa Paycard. Selecting this program is entirely optional to all team members. Please see your manager for a detailed information packet for this program. If a Money Network account is selected by the team member, all or a portion of the team member’s eligible pay (designated by the team member) will be directly deposited into the Money Network account on each pay day. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 11 Team members have the option of switching to the Money Network payroll distribution program anytime during their employment by changing their pay selection option in PeopleXpress, where this program account type is referred to an XpressPay account type. Please contact your manager for further payroll options such as receiving a hard copy check. Payroll Deductions The Company makes various payroll deductions that are required by law, e.g., federal and state tax deductions, social security deductions, garnishments, etc. All deductions will be individually listed on the team member’s pay statement. The Company complies with all applicable federal, state, and local laws regarding the garnishment and assignment of wages. Tip Reporting All team members who receive tips are required by the Internal Revenue Service to report 100% of all take home tips each day. Team members are not required to claim tips that they tip-out to other team members. It is the responsibility of each tipped-out team member to claim the tips they receive. Tips are considered income and failure to report accurate information may result in unpaid taxes, penalties, and interest being assessed against the team member and the Company by the state and/or federal government. Team members are responsible for completing the "Team Member Daily Record of Tips," which can be found in the IRS Publication 1244, available from any manager. If a team member violates any part of the Company’s Tip Reporting Policy or the Tip Reporting Agreement, the team member will be subject to disciplinary action, up to and including immediate termination. Team Member Handbook Page 12 Revised December 2015 Restaurant Team Member Meal Benefit P.F. Chang's team members: Team members on the kitchen team (cook, prep, dishwasher, utility, etc.) are eligible for one shift meal (individual meal or family meal) when scheduled and working in these positions. These meals are provided to the kitchen staff for the convenience of the Company. Team members on the dining room team (bartender, server, bussers, takeout, runner, host, etc.) are eligible for one shift meal (individual) when scheduled and working in these positions at a 50% discount. Any team member working when family meal is served (one time per day before opening) and is scheduled to work that shift is eligible to participate in family meal at no cost to the team member. In all situations when a team member meal is available, the team member must order exclusively off the designated team member meal menu. Any item not on the team member menu is available for purchase at full price. All team members may receive 25% off when dining as a guest at the team member’s home restaurant and are offered meal discounts of 50% off the menu price when working. Exclusions and limits may apply. Pei Wei team members: Team members are offered meal discounts of 50% off the menu price when working, and 25% off when dining as a guest at the team members home restaurant. Exclusions and limits may apply. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 13 Leave Under the Family and Medical Leave Act Team members who believe they need a leave of absence for medical reasons should refer to the Company’s policies regarding ADA Accommodations and the Family and Medical Leave Act. Team members are eligible for unpaid leaves of absence for medical reasons. Medical reasons may include illness, injury, medical and surgical procedures, and related medical conditions. Such requests are subject to management approval and must be made as soon as possible. Each request must be accompanied by a certification from your treating physician or Company approved physician that is acceptable to the Company, which indicates that you are unable to work. The Company reserves the right to have team members on a medical leave of absence examined by a physician of the Company’s choice. The Company may require periodic physician’s verification of your inability to work. Team members should also discuss the need for such leave with a Human Resources representative, to determine whether there may be any additional right to medical leave pursuant to state or local law. Medical leaves of absence will be granted on a case-by-case basis, consistent with federal, state, and local laws. The information listed below highlights the rights and obligations of the Company and eligible team members under the Family and Medical Leave Act (“FMLA”). The following information provides a short summary of the FMLA’s requirements. State and local law may also provide additional rights beyond those outlined here. In any particular case, this policy will be interpreted and applied in accordance with any additional state or local requirements. FMLA Rights Under the FMLA, eligible team members may take up to twelve weeks of leave within a 12- month period for certain family and medical reasons. (Team members may be entitled to up to 26 weeks of leave for Service Member Family Care Leave, as discussed and defined later in this policy.) The leave may be taken intermittently if medically necessary. The FMLA does not require the leave to be paid, but the Company requires team members to use any earned and accrued paid leave, such as sick or personal leave and vacation, to the extent permissible under the FMLA, as part of the twelve work weeks of leave. The Company will also maintain team members’ group health insurance during leave, but the team member must continue to pay his or her applicable premium contribution to maintain coverage. Team Member Handbook Page 14 Revised December 2015 The Company uses the rolling twelve month method to measure FMLA eligibility. This means that for purposes of determining how much FMLA leave an otherwise eligible team member may take at any given time, the Company will look to the previous twelve months to determine whether that team member has already used a portion of his or her twelve work weeks of FMLA leave. FMLA leave for the birth or placement of a child for adoption or foster care must be concluded within 12 months of the birth or placement. Eligible Team Members Eligible team members are those who have worked for the Company for at least 12 months in the preceding seven years (limited exceptions apply to the seven-year requirement) which does not need to be continuous employment), for 1,250 hours over the previous twelve months, and at a worksite where there are at least 50 team members within 75 miles. Leave will be granted to eligible team members for the following reasons: for a serious health condition that makes the team member unable to perform his or her job; to care for the team member’s spouse, son or daughter, or parent who has a serious health condition; to care for the team member’s child after birth, prenatal care, or placement for adoption or foster care. A "serious health condition" is an illness, injury, impairment, or physical or mental condition that involves: any period of incapacity or treatment connected with inpatient care in a hospital, hospice, or residential medical-care facility; or any period of incapacity requiring absence of more than three consecutive calendar days from work, school, or other regular daily activities that also involves continuing treatment by, or under the supervision of, a health care provider; or continuing treatment by, or under the supervision of, a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 15 "Health care provider" means: Doctors of medicine or osteopathy authorized to practice medicine or surgery by the state in which the doctor practices; or Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice, and performing within the scope of their practice, under state law; or Nurse practitioners and nurse mid-wives authorized to practice, and performing within the scope of their practice, as defined by state law. Using Leave Eligible team members may take FMLA leave in a single block of time, intermittently (in separate blocks of time), or by reducing the normal work schedule when medically necessary for the serious health condition of the team member or immediate family member, or in the case of a covered servicemember, his or her injury or illness. Eligible team members may also take intermittent or reduced-scheduled leave for military qualifying exigencies. Intermittent leave is not permitted for birth of a child, to care for a newly-born child, or for placement of a child for adoption or foster care. Team members who require intermittent or reduced-schedule leave must try to schedule their leave so that it will not unduly disrupt the Company's operations. Medical Certifications The Company may require medical certification to verify a serious health condition. The Company also may, at its own expense, obtain an additional medical opinion. Should a conflict develop, a third opinion may be sought. When leave is taken for a team member’s own serious health condition, upon returning to work the team member must provide a written statement from a physician or similarly qualified medical practitioner indicating that the team member is able to resume work. Team Member Handbook Page 16 Revised December 2015 Notice Requirements A team member needing leave must provide the Company with notice of the need for the leave. The team member should provide as much advance notice as possible so the Company can make appropriate arrangements to cover any work that needs to be performed during the absence. Failure to provide timely notice may result in a delay in the leave and/or cause the absence to be considered as unexcused. The minimum required notice under the FMLA is as follows: When the need for leave is foreseeable, the team member must provide thirty (30) days advance notice; If thirty (30) days advance notice is not practicable, notice must be given as soon as practicable, usually within one or two business days of when the need for leave becomes known to the team member; If the approximate timing for leave is not foreseeable, a team member still should give notice of the need for leave as soon as practicable. In addition, team members on FMLA leave must provide periodic updates to Human Resources and their operating partner/general manager regarding their status and intent to return to work. Team members should contact their operating partner/general manager or Human Resources representative for appropriate forms and further information about FMLA leave. Maintenance of Health Benefits If you and/or your family participate in our group health plan, the Company will maintain coverage during your FMLA leave on the same terms as if you had continued to work. If applicable, you must make arrangements to pay your share of health plan premiums while on leave. In some instances, the Company may recover premiums it paid to maintain health coverage or other benefits for you and your family. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of your leave. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 17 Employer Responsibilities To the extent required by law, the Company will inform team members whether they are eligible under the FMLA. Should a team member be eligible for FMLA leave, the Company will provide him or her with a notice that specifies any additional information required as well as the team member’s rights and responsibilities. If team members are not eligible, the Company will provide a reason for the ineligibility. The Company will also inform team members if leave will be designated as FMLA-protected and, to the extent possible, note the amount of leave counted against the team member’s leave entitlement. If the Company determines that the leave is not FMLA-protected, the Company will notify the team member. Job Restoration Upon returning from FMLA leave, eligible team members will typically be restored to their original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. Failure to Return After FMLA Leave Any team member who fails to return to work as scheduled after FMLA leave or exceeds the 12-week FMLA entitlement (or in the case of military caregiver leave, the 26-week FMLA entitlement), will be subject to the Company’s standard leave of absence and attendance policies. This may result in termination if you have no other Company-provided leave available to you that applies to your continued absence. Likewise, following the conclusion of your FMLA leave, the Company’s obligation to maintain your group health plan benefits ends (subject to any applicable COBRA rights). Other Employment The Company generally prohibits team members from holding other employment that could pose a conflict of interest with their employment at PFCB. This policy remains in force during all leaves of absence including FMLA leave and may result in disciplinary action, up to and including immediate termination of employment. Team Member Handbook Page 18 Revised December 2015 Fraud Providing false or misleading information or omitting material information in connection with an FMLA leave will result in disciplinary action, up to and including immediate termination. Employers’ Compliance with FMLA FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided under FMLA, or discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. While the Company encourages team members to bring any concerns or complaints about compliance with FMLA to the attention of the Human Resources Department, FMLA regulations require employers to advise team members that they may file a complaint with the U.S. Department of Labor or bring a private lawsuit against an employer. Further, FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights. Service Member Related FMLA Leave Service Member Family Care leave is permitted under certain circumstances for a 26-week period in one 12-month period. Although all of the criteria and requirements for FMLA leave already outlined in this policy apply to Service Member Related FMLA leave, there are additional criteria which are set out below. The following are qualifying reasons for Service Member Related FMLA leave: 1. The team member’s spouse, child or parent is on active duty or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation (“Qualifying Exigency Leave”) (up to 12 weeks); and/or 2. The team member is needed to care for the team member’s spouse, child, parent or next of kin who is a covered service member (“Service Member Family Care Leave”) (up to 26 weeks). Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 19 Definitions related to Service Member FMLA leave: “Active Duty” is defined as duty under a call or order to active duty under federal law. “Contingency Operation” has the same meaning given under federal law. “Covered Service Member” is either: (1) a current servicemember of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness incurred in the line of duty for which the servicemember is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list; or (2) a “covered veteran” who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness. “Covered veteran” is an individual who was discharged under conditions other than dishonorable during the five-year period prior to the first date the eligible team member takes FMLA leave to care for the covered veteran. The period between October 28, 2009 and March 8, 2013 is excluded in determining this five-year period. “Armed Forces” includes all branches of the United States Armed Forces, including National Guard and Reserves. “Outpatient Status” with respect to a covered service member, means the status of a member of the Armed Forces assigned to (a) a military medical treatment facility as an outpatient or (b) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. “Next of Kin” means the nearest blood relative of the individual. “Qualifying exigencies” include activities such as short-notice deployment, military events, arranging alternative childcare, making financial and legal arrangements related to the deployment, rest and recuperation, counseling, parental care, and post- deployment debriefings. The FMLA definitions of “serious injury or illness” for current servicemembers and veterans are distinct from the FMLA definition of “serious health condition.” For current servicemembers, the term “serious injury or illness” means an injury or illness that was incurred by the member in the line of duty while on active duty in the Armed Forces or that existed before the beginning of active duty and was aggravated by such service, that may render them medically unfit to perform the duties of their office, grade, rank or rating. Team Member Handbook Page 20 Revised December 2015 For covered veterans, this term means a serious injury or illness that was incurred in the line of duty while on active duty in the Armed Forces or that existed before the beginning of active duty and was aggravated by such service and manifested itself before or after the individual assumed veteran status, and is: (1) a continuation of a serious injury or illness that was incurred or aggravated when they were a member of the Armed Forces and rendered them unable to perform the duties of their office, grade, rank or rating; (2) a physical or mental condition for which the covered veteran has received a VA Service Related Disability Rating (VASRD) of 50 percent or greater and such VASRD rating is based, in whole or in part, on the condition precipitating the need for caregiver leave; (3) a physical or mental condition that substantially impairs the veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service or would be so absent treatment; or (4) an injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers. Military Caregiver Leave Unpaid Military Caregiver Leave is designed to allow eligible team members to care for certain family members who have sustained serious injuries or illnesses in the line of duty while on active duty. Military Caregiver Leave is a special leave entitlement that permits eligible team members to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. To be “eligible” for Military Caregiver Leave, the team member must be a spouse, son, daughter, parent, or next of kin of the covered servicemember. “Next of kin” means the nearest blood relative of the servicemember, other than the servicemember’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions; brothers and sisters; grandparents; aunts and uncles; and first cousins; unless the servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of Military Caregiver Leave. The team member must also meet all other eligibility standards as set forth within the FMLA Leave policy. An eligible team member may take up to 26 workweeks of Military Caregiver Leave to care for a covered servicemember in a “single 12-month period.” The “single 12-month period” begins on the first day leave is taken to care for a covered servicemember and ends 12 months thereafter, regardless of the method used to determine leave availability for other FMLA-qualifying reasons. If a team member does not exhaust his or her 26 workweeks of Military Caregiver Leave during this “single 12-month period,” the remainder is forfeited. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 21 Military Caregiver Leave applies on a per-injury basis for each servicemember. Consequently, an eligible team member may take separate periods of caregiver leave for each and every covered servicemember, and/or for each and every serious injury or illness of the same covered servicemember. A total of no more than 26 workweeks of Military Caregiver Leave, however, may be taken within any “single 12-month period.” Within the “single 12-month period” described above, an eligible team member may take a combined total of 26 weeks of FMLA leave including up to 12 weeks of leave for any other FMLA-qualifying reason (i.e., birth or adoption of a child, serious health condition of the team member or close family member, or a qualifying exigency). For example, during the “single 12-month period,” an eligible team member may take up to 16 weeks of FMLA leave to care for a covered servicemember when combined with up to 10 weeks of FMLA leave to care for a newborn child. A team member seeking Military Caregiver Leave may be required to provide appropriate certification from the team member and/or covered servicemember and completed by an authorized health care provider within 15 days. Military Caregiver Leave is subject to the other provisions in our FMLA Leave Policy (requirements regarding team member eligibility, appropriate notice of the need for leave, use of accrued paid leave, etc.). Military Caregiver Leave will be governed by, and handled in accordance with, the FMLA and applicable regulations, and nothing within this policy should be construed to be inconsistent with those regulations. Qualifying Exigency Leave Eligible team members may take unpaid “Qualifying Exigency Leave” to tend to certain “exigencies” arising out of the covered active duty or call to covered active duty status of a “military member” (i.e. the team member’s spouse, son, daughter, or parent). Up to 12 weeks of Qualifying Exigency Leave is available in any 12-month period, as measured by the same method that governs measurement of other forms of FMLA leave within the FMLA policy (with the exception of Military Caregiver Leave, which is subject to a maximum of 26 weeks of leave in a “single 12-month period”). Although Qualifying Exigency Leave may be combined with leave for other FMLA-qualifying reasons, under no circumstances may the combined total exceed 12 weeks in any 12-month period (with the exception of Military Caregiver Leave as set forth above). The team member must meet all other eligibility standards as set forth within the FMLA policy. Team Member Handbook Page 22 Revised December 2015 Persons who can be ordered to active duty include active and retired members of the Regular Armed Forces, certain members of the retired Reserve, and various other Reserve members including the Ready Reserve, the Selected Reserve, the Individual Ready Reserve, the National Guard, state military, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard, Air Force Reserve, and Coast Guard Reserve. A call to active duty refers to a federal call to active duty, and state calls to active duty are not covered unless under order of the President of the United States pursuant to certain laws. Qualifying Exigency Leave is available under the following circumstances: 1. Short-notice deployment: To address any issue that arises out of short notice (within seven days or less) of an impending call or order to covered active duty. 2. Military events and related activities: To attend any official military ceremony, program, or event related to covered active duty or call to covered active duty status or to attend certain family support or assistance programs and informational briefings. 3. Childcare and school activities: To arrange for alternative childcare; to provide childcare on an urgent, immediate need basis; to enroll in or transfer to a new school or daycare facility; or to attend meetings with staff at a school or daycare facility. 4. Financial and legal arrangements: To make or update various financial or legal arrangements; or to act as the covered military member’s representative before a federal, state, or local agency in connection with service benefits. 5. Counseling: To attend counseling (by someone other than a health care provider) for the team member, for the military member, or for a child or dependent when necessary as a result of duty under a call or order to covered active duty. 6. Temporary rest and recuperation: To spend time with a military member who is on short-term, temporary rest and recuperation leave during the period of deployment. Eligible team members may take up to 15 calendar days of leave for each instance of rest and recuperation. 7. Post-deployment activities: To attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of up to 90 days following termination of the military member’s active duty status. This also encompasses leave to address issues that arise from the death of a military member while on active duty status. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 23 8. Parental care: To care for the military member’s parent who is incapable of self- care. The parent must be the military member’s biological, adoptive, step, or foster father or mother, or any other individual who stood in loco parentis to the military member when the member was under 18 years of age. 9. Mutually agreed leave: Other events that arise from the military member’s duty under a call or order to active duty, provided that the Company and the team member agree that such leave shall qualify as an exigency and agree to both the timing and duration of such leave. A team member seeking Qualifying Exigency Leave may be required to submit appropriate supporting documentation in the form of a copy of the military member’s active duty or rest and recuperation orders or other military documentation indicating the appropriate military status and the dates of active duty status, along with a statement setting forth the nature and details of the specific exigency, the amount of leave needed and the team member’s relationship to the military member, within 15 days. Qualifying Exigency Leave will be governed by, and handled in accordance with, the FMLA and applicable regulations, and nothing within this policy should be construed to be inconsistent with those regulations. Limited Nature of This Policy This Policy should not be construed to confer any express or implied contractual relationship or rights to any team member not expressly provided for by FMLA. The Company reserves the right to modify this or any other policy as necessary, in its sole discretion to the extent permitted by law. State or local leave laws may also apply. Team Member Handbook Page 24 Revised December 2015 Time Off Jury Duty The Company considers team members who are serving on a jury to be taking a leave of absence. Team members will be granted time off for jury duty consistent with federal, state and local requirements. Team members who are asked to serve on a jury should discuss their jury assignment with their manager, who can provide further information about the proper documentation procedures and local rules regarding jury leave. The Company will comply with all federal, state, and local laws and regulations related to jury leave. If any team member is selected to serve on a jury, he or she must maintain regular contact with his or her manager as to the status of the jury service. If a team member is excused from jury services early and if a manager requests, the team member must return to work. The team member must furnish written documentation from the court regarding the length of jury services. The team member is entitled to keep any jury duty fees paid by the court. Military Leave Team members who need to apply for a Military Leave of Absence should contact their manager for a Leave of Absence Form. Once the team member completes the form and attaches a copy of his or her military orders, he or she should submit the documentation to his or her manager. For specific information on return to work rights and other issues, please contact Human Resources or Employee Relations. The Company will comply with all federal, state, and local laws and regulations related to military leave. Paid Sick Leave The Company will provide paid sick leave to team members in compliance with applicable local (state, county, city) requirements. Team members should contact their manager or Human Resources if they have specific questions regarding paid sick leave in their particular location. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 25 Personal Leave of Absence The Company will consider any team member’s request for a leave of absence. A personal leave of absence is considered a leave of absence for a compelling personal reason that is not medically related. Team members who have completed at least ninety (90) days of continuous service may submit a written request for a personal leave of absence, without pay, for a length of time up to a maximum of thirty (30) days. All requests must be submitted in writing and state the reason(s) for the leave, as well as the beginning and ending dates. These requests for personal leave will be granted at the sole discretion of the Company based on the facts and circumstances surrounding each individual request. Time Off for Religious Observance It is the Company's intent to reasonably accommodate the religious observances and practices of team members when possible. Team members should submit written requests for accommodations to their managers if they need to take time away from work for religious reasons. Any such time away from work will be without pay and every effort will be made to reasonably accommodate the request for time off when made in advance. Time Off to Vote Team members who are registered to vote and who do not have enough time outside working hours to vote may take time away from work to vote. Team members may take up to two (2) hours without a loss in pay, depending on state or local law requirements. To the extent consistent with local requirements, team members should alert their manager at least two (2) working days prior to the election. Unpaid Time Off The Company does not provide paid vacation or paid sick leave for hourly restaurant team members except where required by federal, state or local law. Any requests for unpaid days off should be presented to their manager for consideration. Unpaid days off may be granted at the manager’s discretion. Team members should consider business needs and seasonality when requesting time off for vacation. Team Member Handbook Page 26 Revised December 2015 Daily Procedures Clocking In and Out (Recording Hours) All hourly team members, including Managers in Training (MIT), must clock in and out (record) for all hours worked, including mandatory meetings, either on time sheets or within the automated system. Team members must clock in at the beginning of each shift and clock out upon completion of each shift. (Some states require team members to clock out/in for Meal Period Breaks. See your manager for details.) The Company must have an accurate record of the time a team member spends working for the Company. No work is to be performed without first clocking in. Team members are not to clock out until all work has been completed. Team members must immediately notify their manger if they forget to clock in or out so that the manager can make the necessary adjustment with that team member’s permission. To ensure that all team members get paid for the correct number of hours worked, managers must also edit all inaccurate clock in’s and clock out’s (edit punches) on a daily basis. Excessive recurrences of failure to clock in or clock out, or failure to edit punches within an appropriate time frame, may result in disciplinary action, up to and including termination. The Company prohibits team members from clocking in or out for any other team member, or requesting that other team members clock in or out for them. Doing so is considered a serious violation of Company policy, which may result in disciplinary action, up to and including termination. Note: Under no circumstances should any team member perform any work or duties "off the clock." Doing so is a serious violation of Company policy, which may result in disciplinary action, up to and including termination. Holidays The Company’s restaurant locations are typically open 363 days a year. Christmas Day and Thanksgiving Day are the only days that the restaurants may be closed. Team members should check with their manager for closure dates specific to their restaurant. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 27 Overtime Team members will be paid overtime compensation in accordance with the applicable federal, state and local laws. Team members may not work overtime unless it has been approved in advance by a manager. Team members who work overtime without prior authorization for that overtime may be subject to disciplinary action, up to and including termination. Tardiness and Absence In order to provide guests with the highest level of service, it is important that team members work their assigned schedules as consistently as possible. Tardiness or absences are considered "excused" only when the team member calls a manager ahead of time (in the case of an anticipated absence, the call must be placed at least two (2) hours prior to the start of the scheduled shift) and the reason for the tardiness or absence is deemed a compelling reason. Whether or not the reason is deemed compelling is within the Company’s discretion. Tardiness or absenteeism for a non- compelling reason, or failure to call in accordance with Company policy, may be considered "unexcused". The Company considers excessive tardiness and absences, whether excused or unexcused, to be disruptive to the operation. Team members with excessive tardiness or absences may be subject to disciplinary action, up to and including termination. Work Schedules It is management’s responsibility to regularly post team member work schedules. It is each team member’s responsibility to check his or her schedule regularly to see if there have been any changes. It is also the team member’s responsibility to cover all assigned shifts. Team members may request a schedule change by submitting, in writing, a schedule change request to their manager for approval. Until the manager approves the request, the requested schedule change is not guaranteed. Team members should be aware that requests for time off, schedule changes, or changes to their availability will be evaluated by the managers against the needs of the business during busy times and seasons. Shifts covered by other team members are to be noted and approved by managers at all times. Team members who are unable to report to work must contact a manager directly no less than two (2) hours before the beginning of their shift. Team Member Handbook Page 28 Revised December 2015 Employment Policies and Guidelines Access to Personnel Files Where required by state or local law, team members will be granted access to their personnel files in accordance with state and local laws. All personnel files are confidential. Access to the team member’s file will be limited to individuals in the team member’s direct line of supervision, to any manager responsible for a position for which the team member is applying, and to others on a need to know basis only, such as Human Resources, Payroll, Legal, etc. Alcohol Responsibility The Company has a responsibility to our guests and the community to practice and enforce the responsible service of alcohol. Servers, bartenders, and managers are responsible and will be held legally liable for the service and distribution of alcohol within our restaurants. In addition, any team members involved with the illegal service of alcohol can be held personally accountable for their actions. Appearance and Hygiene While at work, team members are expected to honor our dress guidelines and standards of personal hygiene and safety because they are key elements to providing a favorable impression and positive guest experience. Hair Styles Hair should be clean and groomed at all times and avoid extreme hair styles or colors. If longer than shoulder length, hair must be swept cleanly off the face and properly secured. Some workgroups and Health Department codes may require that that a hair net and/or cap be worn. Facial Hair Mustaches, beards and goatees must (a) be well defined (b) consist of a traditional mustache only, neatly trimmed and not extending below the corner of your mouth, or (c) consist of a traditional beard or goatee, neatly trimmed, and “full” around chin. Beards must be trimmed to no longer than 1/2”. Facial hair may not be grown in while working. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 29 Piercing Ears may be pierced; however, the earrings must be post style and less than one (1) inch in length. Gauges must be covered with plugs or removed. Facial piercings are not allowed at work and must be removed during the shift. All other piercings will need to be removed during the shift. Tattoos Facial tattoos are NOT acceptable and appropriate measures must be taken to cover these prior to the shift. Other tattoos will be permitted, however offensive tattoos that are visible (nudity, profanity, violence, discriminatory, etc.) are not acceptable and must be covered during the shift. Long sleeve shirts or tattoo sleeves should be worn to cover any arm tattoos. Finger Nails Nails must be clean and trimmed at all times. Acrylic nails may not be worn in any position that handles or preps food. Subtle, well maintained polish may be worn. Accommodations If an individual requires an accommodation relating to the appearance standards for any reason, including but not limited to disability, religion, and/or gender identity, the individual should notify a member of management and/or Human Resources. Team members should review the dress guidelines for their restaurant with their manager. Team members who do not follow specified dress guidelines or wear Company provided safety gear may not be allowed to work their shift, and may face further disciplinary action up to and including termination except where an accommodation has been granted by Human Resources. Background Checks Before any applicant is hired or promoted to a restaurant Management position, the applicant or team member must sign a Background Check Authorization which grants permission to the Company to conduct a background review of the applicant or team member. The background review must be completed by the Company or its designated representative. The exact scope of the background review will be determined by the Company and applicable federal, state and local laws, but may cover such matters as criminal law history, identity verification, driving record, and verification of previous employment and education. The results of the background check must be reviewed by a market partner before a final offer for the position can be made. Team Member Handbook Page 30 Revised December 2015 Cash Handling The Company expects every manager and team member who handles cash and credit card transactions to accurately report all transactions and to be accountable for the cash and credit cards they handle. Team Members’ Responsibilities: If a team member has cash or credit card transactions that he or she does not know how to process, the team member should request assistance from a manager. If the guest totals his or her credit card charges incorrectly, the actual tip amount indicated on the credit card receipt should reflect the actual tip amount written by the guest. Unauthorized use of a guest’s credit card, gift card, or loyalty program information is cause for termination. Management will carefully investigate all cash shortages. Cash shortages or losses will not be deducted from a team member’s pay. Any team member who has a significant pattern of shortages and/or overages may be subject to disciplinary action, up to and including termination. Any questions about the Company’s cash handling policy and procedures should be directed to a manager. Designated Spokespersons The Company has designated representatives as the sole spokespersons for the Company. No other team members of the Company are authorized to speak on behalf of the Company with respect to corporate actions affecting the Company or information relating to the Company. Team members who receive inquiries from third parties about the Company should refer that third party to the Chief Marketing Officer of each concept. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 31 Disciplinary Action and Termination The Company considers the following behaviors or acts to be unacceptable. Such behaviors or acts may results in disciplinary action, up to and including immediate termination: Rudeness to a guest. Adding or adjusting a gratuity to a guest check without the prior permission of the guest. Soliciting a gratuity from a guest directly or indirectly through speech or gestures. Discriminating against another team member or guest on the basis of that individual's race, color, religion, sex (including pregnancy, breast feedings and related medical conditions), national origin, citizenship, age (40 or older), disability, sexual orientation, gender identity or expression, marital status (including civil unions or domestic partnerships), veteran status, uniform service member status, genetic information, or any other legally protected status in accordance with applicable federal, state, and local laws. Violations of the Anti-Harassment Policy. A team member clocking in or clocking out for another team member or arranging for another team member to clock in or clock out for him or her. Working off the clock or failing to take legally required meal and rest periods. Fighting, "roughhousing," "playing," "horsing around," or attempting or threatening bodily harm to another team member or guest. Excessive unauthorized tardiness or absences. Insubordination (failing to comply with a reasonable request from a supervisor). Destruction of Company property or the property of other team members or guests. Theft of Company, guest, or team member property. Possessing, using, selling, distributing or being under the influence of illegal drugs, narcotics or alcohol as defined in the Drug and Alcohol Policy at Company functions or on Company property, including the parking lot. Violation of the Company’s Team Member Weapons Policy. Falsifying Company records, including, but not limited to, guests' credit card receipts, pay records, time cards, safety or accident reports, applications for employment, or other employment records. Team Member Handbook Page 32 Revised December 2015 Interfering with the work of other team members by soliciting during work hours their participation or membership in organizations or causes, or attempting to sell them products or services during working hours on Company property, including the parking lot. Failing to ring up food or beverage purchases. Knowingly serving alcohol to a minor or to a visibly intoxicated guest. Failure to check ID or ask if the guest is at least 21 years of age. Failure to report for a scheduled shift or a mandatory meeting. Failure to follow proper checkout procedures. Divulging confidential Company information to unauthorized persons without express permission from the appropriate Company Officer. Engaging in any conduct that violates the Company’s policies and procedures or potentially harms the Company’s reputation or business interests. Any violation(s) of federal, state, or local food/health codes. This listing is not meant to be all-inclusive. There are other common sense rules in the workplace. Team members are expected to act professionally and appropriately at all times. Drug and Alcohol Use The following is the Company’s drug and alcohol policy with respect to the use, possession or unlawful sale of drugs or alcohol. This policy is intended to maintain a safe, productive, drug and alcohol free work environment. The following are grounds for discipline up to and including termination, regardless of whether or not it is a first-time offense: Illegal Drug Use: Illegal drug use includes possessing, using, purchasing, distributing, transferring, selling or offering to sell illegal drugs, or reporting to work impaired by illegal drugs. Under this policy, “illegal drugs” include any drug or drug-like substance considered unlawful under the federal Controlled Substances Act and which is not legally obtainable under federal law; or may be legally obtainable but has not been legally obtained (e.g., using another individual’s prescription medication); or is being used in a manner or for a purpose other than as prescribed. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 33 Alcohol Abuse: Alcohol abuse includes possessing, using, purchasing, distributing, transferring or unlawfully selling or offering to unlawfully sell alcoholic beverages at any time during the hours between the beginning and ending of the team member’s work day or on Company property (with the exception of Company sponsored events where alcohol is expressly permitted or where the possession, use, purchase, distribution, or sale is consistent with the team member’s job duties), or reporting to work or conducting Company business while impaired by alcohol. There may be times when team members who are of legal drinking age have reason to consume alcoholic beverages in the course of their official duties including, for example, wine tasting events or tasting of new cocktail menu items. Before consuming any alcoholic beverage during a scheduled shift or on Company property, team members must be of legal drinking age and must obtain authorization to do so from their operating partner/general manager, or direct supervisor. Persons who consume alcoholic beverages as part of their official duties (such as authorized wine tasting) shall be held to the same standards of performance and conduct as all other Company team members and shall at all times refrain from being impaired by alcohol. Persons who have consumed alcoholic beverages as part of their official duties and are impaired to any degree must refrain from operating a motor vehicle. Failure to observe this rule is a violation of this policy and is subject to disciplinary action, up to and including immediate termination. This Drug and Alcohol policy also prohibits the possession of drug paraphernalia on Company property; the conviction (including guilty and no contest pleas) of a criminal drug offense (except as otherwise prohibited by law). The appropriate level of discipline will be determined on a case by case basis at the Company’s sole discretion. This policy will be interpreted and applied consistent with all applicable state and local laws. While this policy does not prohibit the use of prescribed legal drugs, team members who occupy positions where they could injure others if they were to perform their duties under the influence of drugs or alcohol are required to notify their manager prior to starting work if the instructions for use indicate that the drug may affect or impair judgment, coordination or other senses, or may otherwise adversely affect the team member’s ability to safely perform work duties. “Legal drugs” as used in this policy include prescribed and over the counter drugs or medications, which have been legally obtained and are being used only for the purpose for which they were prescribed or manufactured. Any team member failing to notify management in the circumstances described above may be subject to disciplinary action, up to and including immediate termination. Team Member Handbook Page 34 Revised December 2015 Electronic Communications All electronic files and electronic messages sent to, received by, sent from or stored on Company computer systems or systems otherwise provided for through a vendor-contracted agreement (such as HotSchedules or Aloha) are the property of the Company. E-mail messages and other electronic files constitute business records belonging to the Company. The Company has the right to and will regularly monitor use of its network system or contracted systems without prior notice. The Company also has the right to review and retrieve any information or data sent from, received by, or stored on the Company’s network system without prior notice to or consent by a team member. Team members should maintain no expectation of privacy related to their use of the Company’s electronic communications systems including, but not limited to, e-mail, electronic scheduling tools, Company network systems, and Company provided software or tools. Team members should use these systems and tools for business purposes only. Fraternization The Company prohibits managers from dating subordinate team members in their respective restaurant and discourages dating non-management team members at other Company locations. The Company also prohibits managers from dating anyone in their direct line of supervision, both non-management and management. Managers are expected to have a professional relationship with all non-management and management team members. If a team member has a question about a team member/management relationship, please contact the Employee Helpline at 1-877-4CHANGS, Option 3. Additionally, the Company prohibits managers from engaging in conduct that could undermine or impair the effectiveness of a restaurant’s operations or subject the manager or the Company to liability of any kind (including, but not limited to any other behavior that may be construed as damaging to the reputation of the Company). The Company expects managers to always use good judgment in their interactions with non-management team members. Team members who violate this policy will be subject to disciplinary action, up to and including termination of employment. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 35 Guests with Disabilities The Company strives to provide exceptional customer service for our guests. As with all of our guests, we also want to ensure we provide great service to our guests with disabilities. Providing great customer service to disabled guests can be simple and “common sense” help. The courtesy of asking “How can I be of assistance?” can be a powerful tool. Do not make assumptions about the extent of someone’s impairment, but don’t be hesitant to ask “how can I be of assistance?” Speak directly to the guest in a conversational manner and not through a companion. Always be friendly and courteous, and never ignore a guest who might need assistance because of a disability. Strategies to Assist the Mobility-Impaired Ensure aisles and passageways are clear. Ensure ramps and doors are functioning properly. Assist guests in carrying food and obtaining drinks, condiments, silverware and napkins. Strategies to Assist the Visually-Impaired Read menu items and prices. Upon request, read the information fully, but you can first explain broad categories, and then allow the guest to choose which categories should be fully read. Assist guests in carrying food and obtaining drinks, condiments, silverware and napkins. Count and identify currency. Verbalize your directions. Strategies to Assist the Hearing and/or Speech Impaired Use a pad and paper to help communicate. In communicating, face the guest, speak clearly, do not cover your mouth, use gestures or point to printed information to reinforce what you are saying, and rephrase any statements the person does not seem to understand. Team Member Handbook Page 36 Revised December 2015 Service Animal Guidelines Service animals are working animals, not pets, and are specifically trained to do work or perform tasks for people with disabilities. The Federal guidelines for service animals cover dogs and miniature horses however several states have adopted legislation to include additional service animals. If you have questions whether a particular service animal would be covered under these guidelines please call Human Resources Service animals may accompany guests with disabilities and service animal trainers in all public areas of the restaurant. Service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls. Questions about a service animal should be limited to “Is this a service animal?” Do not inquire about the person’s disability, ask for medical documentation, require a special identification card or training documentation for the service animal, or ask that the service animal demonstrate its ability to perform any work or task. If the service animal barks or growls, it may be performing its job by warning its owner of an oncoming seizure or other danger. If you think the service animal is threatening other customers or acting out of control, speak with the customer before simply taking action. When the handler of the service animal cannot control the disruptive behavior, you may ask that the service animal be removed from the restaurant. When there is a legitimate reason to ask that a service animal be removed, the customer must be offered the opportunity to continue dining without the animal’s presence. If another guest complains about a service animal being in the restaurant, politely explain that the person has a legal right to have his/her service animal with him/her. If another guest is allergic or afraid of a service animal, both individuals can be accommodated by moving them, if possible, to different locations within the restaurant. However, customers that utilize service animals may not be isolated from other customers. Please do not touch, feed, talk to, or make noises at the service animal. The restaurant is not required to provide care or food for a service animal. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 37 Information Security Questions regarding information security and the handling of confidential information should be directed to a market partner, operating partner/general manager, or the IT Department. Failure to comply with information security and confidentiality policies could lead to disciplinary action, up to and including termination. Internal Information All information stored on the Company internal records or files is confidential information. Information and data that resides in Company internal records or files is considered a Company asset. Team members should not copy or otherwise distribute information to internal or external sources. Internal sources must follow the established guidelines to gain access to data. Team members who leave their employment with the Company are not allowed to leave with forms, manuals, reports, e-mail or any other internal information. Failure to comply with this guideline may result in legal action. External sources must gain access to the Company’s internal information through the Company’s designated spokesperson. Team members should contact their manager with any questions regarding the applicability of these policies in general, or their applicability to the facts of a specific case. The failure to observe these policies can be the basis for discipline and/or immediate termination of employment. Lactation Accommodation The Company will provide a reasonable amount of break time, as needed, to accommodate a team member desiring to express breast milk. The break time shall, if possible, run concurrently with any break time already provided to the team member. In the event it is not possible for the break time for expressing milk to run concurrently with the break time that is already provided to the team member, any additional time shall be unpaid. Team Member Handbook Page 38 Revised December 2015 The Company will make reasonable efforts to provide the team member with the use of a room or other location, other than a bathroom, that is shielded from view and is free from intrusion from co-workers and the public to express breast milk. Team members needing accommodation for lactation should contact their operating partner/general manager to make the appropriate arrangements. The Company will comply with any state and/or local laws regarding lactation breaks and accommodation. Marketing and Loyalty Programs The Company periodically creates marketing and loyalty programs which may benefit our guests and/or team members. Please speak with your manager for more information about these programs. Meal Periods and Rest Breaks The Company will provide hourly restaurant team members with meal periods and rest breaks where required by law. Team members must take all legally required meal periods and rest breaks. Failure to do so may result in disciplinary action, up to and including termination. Where permitted by state law, team members who choose not to take their meal periods must first sign a waiver indicating that they voluntarily waive their meal periods. For more information on state and local labor laws, team members should check with their manager. Meetings Restaurants regularly conduct team member meetings. These meetings serve to keep everyone informed, to announce new policies, or to share ideas. Team members must clock in and out for these meetings. Team members will be paid at least the minimum wage while attending any meetings and will be paid all additional amounts required under state and local law. Mandatory meetings are meetings in which management requires the team member’s attendance and the team member faces potential disciplinary action if he or she fails to attend. Employment of Relatives The Company prohibits its operating partners/general managers from hiring relatives to work in a restaurant where the operating partner/general manager has management responsibility. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 39 A relative is defined as one of the following relationships: parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece and first cousin, husband, wife, step-parent, step-child, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, half-brother, half-sister, spouse/partner of any of the above and co-habitating couples or significant others. In the event that a team member becomes a relative to a restaurant manager employed at the same restaurant, the Company may take immediate action to comply with this policy. This policy does not prohibit relatives of a restaurant manager from applying for employment or working at a Company restaurant where the related manager does not work. This policy also does not prohibit relatives working in non-management positions at the same restaurant. For specific questions related to this policy, please contact Employee Relations at 1-877-4CHANGS, Option 3. No Call/No Show A team member who fails to arrive for his or her scheduled shift and fails to follow the proper call-in procedure is considered a “No Call/No Show” and may be subject to disciplinary action, up to and including termination. Parking Because the parking circumstances differ at each location, team members should review the parking requirements with their manager. If there is a designated team member parking area at that restaurant location and the team member fails to comply with the parking requirements, then the team member may be held responsible for any fees, costs, fines, or penalties paid for or assigned to the Company as a result of that team member’s improper parking. If a team member violates this policy, the team member may be subject to disciplinary action, up to and including immediate termination. Personal Property Team members are discouraged from bringing personal property into work. All storage facilities, offices and workspaces, including desks and cabinets, are the property of the Company, and the Company reserves the right to have access to these areas and to such property at any time, without advance notice to any team member. The Company is not responsible for any missing, damaged or stolen personal property of any team member. Team Member Handbook Page 40 Revised December 2015 Personal Communication Devices The Company recognizes that personal communication devices such as cell phones, smart phones, tablet-style devices, smart watches, and hand-held gaming devices have become a significant part of life. However, it is important that the use of these devices does not interfere with your duties. When you are working, please refrain from using any personal communication devices which could cause disruption to the work environment. Social Media and Blogging The Company respects the rights of its team members to use personal websites, weblogs, and social networking sites during non-working hours as a medium of self-expression. However, team members should remember that although these sites are generally viewed as a medium of personal expression, the posting of certain comments and information may have a harmful effect on the Company, its reputation, its team members, its affiliates, and/or its vendors. The Company requires that team members adhere to the policy below regarding the use of blogs and social media. Team members, whose social media/internet usage violates the Company’s policies or state, federal, or local laws, are subject to disciplinary action, up to and including termination of employment. Online social networks include sites such as Facebook, YouTube, Instagram, Pinterest, Tumblr, MySpace, LinkedIn and Twitter, just to name a few. Social networking activities that affect your job performance, the performance of others, or the Company’s business interests are of concern to the Company. The Company requires that its team members adhere to the following policies when using social networking/media sites: Team members may not access or post to social networking sites, weblogs, or personal websites during working hours when not directly related to their jobs. Team members should not post anything that violates the Company’s policy against harassment and/or discrimination. Team members are expected to refrain from posting obscene, harassing or defamatory information regarding the company, managers, supervisors and co-workers, the company’s products and services, guests, clients, partners, affiliates, vendors, suppliers, and competitors (and their products and services). This includes being respectful of fans and their comments on sites regarding the brands and/or team Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 41 members. In that regard, team members should refrain from posting comments in response to guest or customer comments on the website. Team members must respect the privacy of other team members and guests and not use names, pictures, or video of other team members or guests in any posts. Team members should not use social media for local marketing initiatives or act on behalf of the Company without written authorization from the Company’s Marketing Department. Team members are not to disclose any confidential, proprietary or sensitive information belonging to the Company or any third party. This includes information that has not been publicly disclosed about financial results, customers, team members, trademarks, new products or services, photographs, and company strategy, The Company has exclusive rights with respect to certain concepts and developments that are related to the Company’s business. Team members may not use Company trademarks or reproduce any Company material, including but not limited to drawings, logos, and business ideas for commercial purposes without express written consent from the company. Team members should express only their personal opinions and never represent themselves as a spokesperson for the Company. Remember that once a comment is posted on the Internet, it can be there forever, even if you remove the post, and you will be held responsible for anything that you post. The bottom line is, think before you post! Violation of the Company’s Social Media Policy may subject team members to disciplinary action, up to and including termination. The Company would like to hear directly from team members if they have concerns about their job or other work-related matters through our Open Door Policy. “Open Door” means that any level of management will be happy to talk with any team member upon request. There are multiple methods of reporting concerns, including using the Open Door Policy by going directly to your management team, calling the Employee Helpline at 1-877- 4CHANGS, Option 3, or accessing the Helpline online through PeopleXpress at ess.pfcb.com. Note: The absence of explicit reference to a particular site does not limit the extent of the application of this policy. Nothing contained in this policy shall preclude a team member from engaging in conduct that is protected by Section 7 of the National Labor Relations Act. Team Member Handbook Page 42 Revised December 2015 Blogging Team members may not create, post, or otherwise access weblogs or personal websites during working hours when not directly related to their jobs. Team members should not create, or post anything that identifies themselves as Company team members or representatives. Team members are expected to refrain from posting obscene, harassing or defamatory information regarding the company, managers, supervisors and co-workers, the company’s products and services, guests, clients, partners, affiliates, vendors, suppliers, and competitors (and their products and services). This includes being respectful of fans and their comments on sites regarding the brands and/or team members. In that regard, team members should refrain from posting comments in response to guest or customer comments on the website. Team members should express only their personal opinions and never represent themselves as a spokesperson for the Company. Team members are not to disclose any confidential, proprietary or sensitive information belonging to the Company or any third party. This includes information that has not been publicly disclosed about financial results, customers, team members, trademarks, new products or services, photographs, and Company strategy. The Company has exclusive rights with respect to certain concepts and developments that are related to the Company’s business. Team members may not use Company trademarks or reproduce any Company material, including but not limited to drawings, logos, and business ideas without express written consent from the Company. Team members should not link or otherwise refer to the company website without obtaining the written permission of the authorized, designated spokespersons for the Company. The Company will not tolerate the posting of obscene, harassing, offensive, derogatory or defamatory comments about the company, team members, guests, vendors, partners, affiliates, and/or others (including competitors). Any posting that violates the Company’s policy against harassment and discrimination will not be tolerated. The Company reserves the right to monitor websites, weblogs, or any other postings. The Company may require that team members confine their website or weblog commentary to topics unrelated to the Company (or, in certain cases, that they temporarily suspend their website or weblog activity altogether) if it believes this is necessary to ensure compliance with this policy or federal, state, or local laws. Team members who violate this policy may be subject to disciplinary action, up to and including termination. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 43 Solicitation and Distribution It is the intent of the Company to provide a pleasant and interruption free workplace for team members. As a result, team members may not solicit for any purpose during their work time. Work time includes the work time of both the team member doing the soliciting and the team member to whom the solicitation is being directed. Work time does not include authorized breaks, meal periods or other designated periods of time when work is not assigned. The Company further prohibits the distribution of non-Company materials, including advertising materials, handbills or other literature, in all working areas at all times. This policy also prohibits solicitation via the Company’s e-mail or other telephonic or electronic communication system. Similarly, the Company prohibits non-team members from distributing material or soliciting team members on Company property at any time or for any purpose. Verification of Employment The Company uses the Work Number for all verifications of employment and proof of income. To verify team member information, the verifier may call the Work Number at 1- 800-367-2884 or go online to www.theworknumber.com. The following information will need to be entered: Employer Code: 12939 The six digit team member ID number The default PIN (MMDD of DOB and last 4 of SSN) Weapons in the Workplace To the extent permissible by state and local laws, the Company strictly prohibits any team member from possessing any weapon at or near the restaurant, or in any parking lot or other common area used in conjunction with the Company’s business operations. This includes any Company related event (and the property on which the event is being held) that is sponsored by or could be perceived as sponsored by the Company. If a weapon is seen or verified by a manager, the team member in violation will be immediately advised of the policy violation, which may result in the team members’ immediate termination. The definition of weapons in this policy includes any device that is designed to or may inflict serious injury upon another person (e.g., firearms, knives other than related to regular work duties, clubs, explosives, etc.). Team Member Handbook Page 44 Revised December 2015 Whistleblowers Team members should report any Employee Relations concerns or suspected violations of laws, governmental rules and regulations (including violations of the laws and rules that prohibit fraud in the reporting of the Company’s financial performance), and Company policies to the Company’s Confidential Compliance Hotline at 1-888-228-7329. Concerns can also be reported online using the link found on PeopleXpress at ess.pfcb.com. This hotline is staffed by an independent organization operating 24 hours a day, 7 days a week. Team members who use the hotline to report an issue are given the option to remain anonymous. An interview specialist documents the team member’s concern, assigns the caller a personal reference number, and relays the caller’s concerns to the Company. Whistleblower Statement of Non-Retaliation It is a federal crime for anyone to intentionally retaliate against any person who provides truthful information to a law enforcement official concerning a possible violation of any federal law. Moreover, the Company will not permit any form of intimidation or retaliation by any officer, team member, contractor, subcontractor or agent of the Company against any team member or manager because of any lawful act done by the team member to: Provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the team member or manager reasonably believes constitutes a violation of laws, rules, regulations, the Company’s Code of Business Conduct and Ethics or Company policies; or file, cause to be filed, testify, participate in, or otherwise assist in a proceeding filed or about to be filed relating to a violation of any law, rule or regulation. The prohibited forms of intimidation or retaliation include, but are not limited to, termination, demotion, suspension, threats, harassment or any other manner of discrimination with respect to a team member’s or manager’s terms or conditions of employment. Whistleblower Statement of Confidentiality In cases in which any team member reports a suspected violation in good faith and is not engaged in the questionable conduct, the Company will attempt to keep its discussions with that team member and the team member’s actions confidential to the greatest extent possible. In the course of its investigation, the Company may find it necessary to share this information with others on a “need to know” basis. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 45 Workplace Violence Policy Ensuring that the Company is a safe place to work is a priority. Workplace violence includes, but is not limited to, threats, physically aggressive or violent behavior, intimidation or attempts to instill fear in others, threats of sabotage, defacing Company property, or bringing weapons of any kind into Company premises. If any team member or manager becomes aware of any of the above listed behaviors, that team member should immediately notify their supervisor, local law enforcement as appropriate, or a representative from Human Resources. Any reporting of workplace violence will be taken seriously, and will be investigated promptly and thoroughly. The Company will not tolerate retaliation against any team member who reports workplace violence. If it is determined that a violation of this policy has occurred, the Company will take corrective action up to and including termination of employment. If the behavior is that of a non-team member, team members should notify a manager and the appropriate authorities. The Company will take appropriate action to help ensure that such behavior is not repeated. Team Member Handbook Page 46 Revised December 2015 Safety Policy Team members are expected to assist in keeping their restaurant a safe and a healthy working environment. Team members are expected to report any safety concerns to their manager or supervisor. Every team member should become familiar with the Emergency Procedure Plan in every location. The plan will address safety issues for team members and guests. Please contact Risk Management at the Restaurant Support Office or e-mail questions to Inquiries- Risk&Safety@pfchangs.com if there are any questions about safety or procedures. Hazard Communication In order to protect our team members and guests from exposure to potentially harmful chemicals, the team member should read the Material Safety Data Sheets for the chemicals used and follow all precautionary prevention steps. Workers’ Compensation Insurance & Reporting Accidents/Injuries Involving Team Members The company provides benefits for work-related injuries and illnesses according to statutory Workers’ Compensation laws. Team members must notify a manager immediately if they incur a work-related injury or illness. The Occupational Safety and Health Act and state Workers’ Compensation laws require team members to report all on-the-job injuries and illnesses to their direct manager immediately. Only managers may call GOCHANGS at 1-877-462-4264, Option 6 to report the guest incident. Accidents/Injuries Involving Guests In case of any accident involving a guest, the manager should speak with the guest. Every team member should become familiar with the Emergency Procedure Plan in every location. The plan will address guest medical emergencies, accidents and illnesses. Please contact a manager or supervisor with any questions about these procedures. Team Member Handbook © P.F. Chang’s China Bistro, Inc. Revised December 2015 Page 47 Team members who are sick must stay home. Team members should call their manager and inform them that they need to stay home, giving at least two (2) hours’ notice. Team members should not work their scheduled shift and must inform their manager if they are experiencing any of the symptoms below: Diarrhea Fever Vomiting Jaundice (yellowing of the eyes due to liver concerns) Sore throat with fever Uncovered lesion(s) In addition, team members must notify their manager if they have (or possibly have) been exposed to Norovirus, Hepatitis A virus, Shigella, Shiga Toxin-Producing Escherichia Coli, or Salmonella. If a team member is unsure whether he or she should report to work because of a health problem, he or she should discuss the situation with a manager at his or her restaurant. The team member may be asked to provide appropriate medical documentation. General Security The security of our team members and guests is very important. Team members must work with managers to improve security in and around the workplace. Team members need to secure and maintain visibility in their restaurant by maintaining trees, ensuring shrubs are trimmed, and not stacking boxes near the back door. The Company is not responsible for lost or stolen team member personal property and team members are discouraged from bringing any personal property into the restaurant. Be discreet; team members should not discuss their personal life or plans openly. Team members should notify their manager and police of suspicious persons. Team members should report anything that makes them suspicious. Report any suspicious person loitering in or near their restaurant. Team Member Handbook Page 48 Revised December 2015 Opening/Closing Safety Procedures The Company has developed a set of opening and closing procedures to help ensure the safety of both team members and guests. Opening Team members should be scheduled to open or close with another team member or manager. Team members who are opening should look for anything or anyone suspicious prior to entering the restaurant. Team members should not enter the building if there are strange cars or people in or near the vicinity of the restaurant. Rather, the team members should leave the area and call the police, letting the police check the situation. The front door is to remain locked until just prior to the restaurant opening (this includes soft openings). Closing Team members should remove trash from the restaurant before dark whenever possible. If trash must be removed after dark, one team member should stand in the doorway and watch as the other removes the trash. After the restaurant has been secured, team members should not open doors for anyone. If a stranger approaches the front or back door, team members should not approach or open the door, but contact a manager. If possible, closing team members and managers should leave the restaurant together. Back Door/Unauthorized Persons The back door and the office door of the restaurant must be completely closed and locked at all times. Money should never be left on the desk without a manager present. Team members should check the identification of anyone they do not recognize who claims to be a new team member, delivery person, sales person, inspector, Restaurant Support Office team member, or repairman. No one should be allowed to carry anything out of the restaurant unless authorized by the manager on duty. The back door is not to be propped open, even during deliveries or when taking out the trash. © P.F. Chang’s China Bistro, Inc. Revised August 2016 Page 1 © Pei Wei Asian Diner, LLC Alcohol Responsibility Policy and Acknowledgement Form P.F. Chang’s China Bistro, Inc. and Pei Wei Asian Diner, LLC (the Company) have a responsibility to our guests and the community to practice and enforce the responsible service of alcohol. Servers, bartenders, and managers are responsible and will be held legally liable for the service and distribution of alcohol within our restaurants. In addition, any team member or manager involved with the illegal service of alcohol can be held personally accountable for their actions. Our liquor license is contingent upon all team members and managers adhering to the following policies: Alcohol that is purchased for restaurant use, may only be purchased through approved vendors or where directed by state or local governance. You must always ask to see an acceptable form of identification (ID) from any guest who orders alcohol and appears to be under the age of 40. o Begin the process by asking the guest if they are 21 years of age or older. o If the guest responds that they are of age, ask to see a valid ID. o Validate the information on the ID. If you are unable to validate the ID, you must refuse alcohol service. Never serve alcohol to a minor (under the age of 21). Team members and/or managers serving alcohol must be certified by an approved Alcohol Awareness program within the first thirty (30) days of employment, if required by the state and/or local authority. All program certificates are required to be current at all times. Never serve alcohol to a visibly intoxicated guest. It is the serving team member’s and/or manager’s responsibility to monitor guests’ consumption and never allow the guest to become intoxicated. Managers are required to be involved in all situations relating to the refusal of alcohol. Managers must document any incident involving the refusal of service to any intoxicated guests. Managers must ensure that intoxicated guests do not drive. o Offer to call a cab for the guest. o If the situation warrants, contact the police immediately. Under no circumstance may a team members or manager drive an intoxicated guest home. Failure to adhere to the above policies will result in disciplinary action up to and including termination. The Company reserves the right to utilize internal processes and /or engage third party services to test compliance with the Alcohol Responsibility Policy. Any violations found during a test will result in a written warning for the violator. Second violations will result in immediate termination, as standard protocol. Team Member Signature_________________________________________________ Date__________________ Manager Signature______________________________________________________ Date__________________ ©2011 Pei Wei Asian Diner Cashier training CheCklist Orientation (Performed with paperwork and the review of the Employee handbook on or before Day 1 of Training, as decided by Management.) Manager covers the Local Options in the LEARN! Hospitality Manual after paperwork is filled out. Manager reviews The Message, The Lucky 8 Stones of Success and The Basics. Manager reviews the Fundamental 5. General Restaurant Tour is given. (Proper hand washing procedures are demonstrated during tour.) Opening/Closing Cashier Duties Cashier should be scheduled to perform the opening and/or closing duties 3 out of 5 shifts with the Manager/Trainer. (Based on Cashier’s schedule and availability) Day 1 – Food running & Menu knowledge Today’s shift is spent at Outside Expo focusing on learning the food and delivering it to the tables. By the end of the shift the Cashier should run food to a few tables and feel comfortable identifying at least 10 menu items. Utilize the LEARN! Hospitality Manual and the Picture Manual during the shift to assist in learning the food. Circle the key identifiers (that are bolded in the Menu Knowledge section of the LEARN! Hospitality Manual) on a Pei Wei menu for Salads, Bowls and Signature Dishes to help identify the dishes. Each shift should begin with a uniform check and proper hand washing. Cashier is given time to read & answer questions in the Support section of the LEARN! Hospitality Manual Work ‘side by side’ with Outside Expo; have a Pei Wei menu and the Menu Knowledge section open to identify and learn about each dish. Read about each dish as it comes up in the window; look at pictures of each dish in the Picture Manual. The key identifiers circled on the Pei Wei menu will help to identify dishes. Outside Expo “show and tells”: • Discuss the different kitchen positions and their roles. • How to Work Outside Expo o Tickets Times o Communicating with the Kitchen o Plate Presentation • Point out key identifiers for each dish while referencing the Picture Manual. • Review the flavor profile of each dish as it comes up; discuss any garnishes and sauces associated with each. Outside Expo reviews what was read in the Support section: • How to Run Food o Demonstrate how to properly carry bowls/plates • GROW & Sense of Urgency • Bussing Expectations – 6 Steps to Bussing a Table • How to do a proper restroom check • Restock Basics: Beverage Station & Outside Expo At the end of the shift, the Cashier is given time to read the Menu Knowledge section. Fill in the Garnish & Sauce Table TASTE ~ Before or after the shift the Cashier should taste 2 entrees: one oil-velveted and one stock-velveted. Notes about these items should be written in the “Employee First Tastes” chart. What 2 items were ordered today? Item 1___________________ Item 2____________________ Day 2 – Food running, Menu knowledge & Bussing During the busy portion of today’s shift, the Cashier is working with Outside Expo focusing on learning more about the food and running food to tables. As the shift slows down, the Cashier and Manager/ Trainer focus on the Dining Room and the basics of bussing tables. By the end of the shift the Cashier should feel comfortable delivering food and know another 10 menu items. The LEARN! Hospitality Manual, the Picture Manual, and the Cashier’s circled menu should be utilized again throughout the shift. Each shift should begin with a uniform check and proper hand washing. Cashier is given time to answer the questions in the Menu Knowledge section & read the Hospitality section. Outside Expo “show and tells”: • Reinforce How to Run Food • Explain the importance of Pre-bussing • Point out key identifiers for each dish while referencing the Picture Manual. • Review the flavor profile of each dish as it comes up; discuss any garnishes and sauces associated with each. Outside Expo reviews what was read in the Menu Knowledge & Hospitality sections. • Oil-Velveted vs. Stock-Velveted • Common Guest Requests • Protein Options and Portion Sizes • The difference between Ser vice and Hospitality • The importance of First Impressions • Body Language and Verbal Communication • Assisting our Guests When working in the Dining Room, the Manager/Trainer should cover the following: • Proper Table Set-up • Helpful Bussing Tips o Review - 6 Steps to Bussing a Table o The importance of Consolidating your Steps o Zoning the Dining Room o Touching Tables with a Purpose o Tipping Policy • Guest Awareness o Do they have silverware? Do they need a to go box? o Pre-bussing o Acknowledge Guests that cross your path • Triple A • Restroom check • Restock: Beverage Station & Outside Expo o First in/first out rotation At the end of the shift, the Cashier is given time to answer the questions in the Hospitality section and to read & answer questions in the Dine In section. TASTE ~ Before or after the shift the Support should taste 2 entrees: one dusted in potato starch and one served with the crispy protein; order one with white rice and one with brown rice. Compare. Notes about these items should be written in the “Employee First Tastes” chart. What 2 items were ordered today? Item 1___________________ Item 2____________________ Below is a checklist of each day of training for the Cashier position. Each day the Cashier will have time before & after their shift to read the sections in the LEARN! Hospitality Manual related to what they will be taught that day. Each training shift will be 4-6 hours in length. The Cashier must answer all of the questions at the end of each section. The Manager/Trainer will spend time with the new Cashier before & after each shift to discuss key points of the training and answer any questions the Cashier may have. Training information should be checked off as it is covered to ensure all of the essentials are reviewed. Day 3 - Dine in Today’s shift focuses on how to serve a Dine In Guest. The Cashier will work ‘side by side’ with a Manager/Trainer to learn computer basics and our steps of service for a Dine In Guest. By the end of the shift the Cashier should be taking Dine In orders while the Manager/Trainer observes, helping as necessary. Each shift should begin with a uniform check and proper hand washing. Manager/Trainer reviews the following from the Dine In section before the shift begins: • Brief explanation of the different Cashier positions • Greeting the Guest • 3 Dine In Questions • How to Pei Wei • Importance of Verifying the Order • How to provide Menu Guidance for Guests • Managing the Line • Introduction to computer system o Review each screen o How to start a Dine In order – entering a disk # o What do the different colors mean? o How to modify, add, delete, etc. • Phone system o Telephone Procedures o How to work the phones; the different ring tones • Payment Processing Procedures • Alcohol Ser vice and Specialty Beverages o How to ID a Guest and what IDs are acceptable o What we offer and pronunciation o How to serve beer, wine, hot tea, bottled water, etc. Manager/Trainer and Cashier role play taking Dine In orders on the computer (without sending tickets to the kitchen) and answering the phone before the shift begins. Manager/Trainer and Cashier review Menu Knowledge; use Picture Manual to test dish recognition. At the end of the shift, the Cashier is given time to read & answer questions in the Dietary Considerations section. TASTE ~ Before or after the shift the Cashier should taste 2 entrees: order one with vegetables & tofu as the protein option. Notes about these items should be written in the “Employee First Tastes” chart. What 2 items were ordered today? Item 1___________________ Item 2____________________ Day 4 – Dine In & Intro to Take Away Orders Today’s shift focuses on Dine In with an introduction to Walk In and Call In Take Away ordering. The Cashier will work ‘side by side’ with a Manager/Trainer at a Dine In register. By the end of the shift, the Cashier should feel comfortable taking Dine In orders (Note: Menu Knowledge comes with time). Each shift should begin with a uniform check and proper hand washing. Manager/Trainer teaches the Cashier how to take Walk In and Call In orders before the shift begins. • 3 Take Away Questions • How to ring a Walk In o Standard Walk In Quote & Pager Process • How to ring a Call In o First Time Guest vs Repeat Guest o Call In Quote Manager/Trainer and Cashier role play taking Walk In and Call In orders on the computer (without sending tickets to the kitchen) before the shift begins. Manager/Trainer and Cashier review Menu Knowledge; use Picture Manual to test dish recognition. At the end of the shift, the Cashier is given time to read & answer questions in the Take Away section. TASTE ~ Before or after the shift the Cashier should taste the Asian Chopped Chicken Salad and the Pei Wei Spicy Chicken Salad. Compare. Notes about these items should be written in the “Employee First Tastes” chart. What 2 items were ordered today? Item 1___________________ Item 2____________________ Day 5 – Take Away Today’s shift focuses on learning how to serve a Take Away Guest. The Cashier will work ‘side by side’ with a Manager/Trainer taking Walk In and Call In Take Away orders. As the shift slows down, the Cashier and Manager/Trainer should focus on Expo & Bagging procedures. By the end of the shift the Cashier should be taking Take Away orders while the Manager/Trainer observes, helping as necessary. Each shift should begin with a uniform check and proper hand washing. Manager/Trainer will review the following before the shift begins. • Walk In vs Call In vs Web • Flow of ATO screens/buttons o How to access orders o How to process payment for a Call In order • Online Ordering o $Paid – How to process o Explanation of the online ordering process • How & when to use a Take Away Pad • Bagging & Pick Up Procedures • Working Take Away Expo • Understanding the Take Away Quote • Party Menu TASTE ~ Before or after the shift the Cashier should taste 2 more new entrées. Notes about these items should be written in the “Employee First Tastes” chart. What 2 items were ordered today? Item 1___________________ Item 2____________________ Take Cashier Test Lucky Cat Portal path: Pei Wei> Training> Hourly Hospitality Training> Cashier> Cashier Test ©2011 Pei Wei Asian Diner Cashier training CheCklist I acknowledge I have completed the five days of training required for my position. I have passed my test and understand the safety requirements of my job. ____________________________________________ _______________________ __________________________________________ Cashier Signature Date Manager Signature © Pei Wei Asian Diner 1 Cashier Test – October 2011 Cashier Test 1. What would you say to someone that calls for a reservation or walks in and requests a table for two? 2. How would you describe the two biggest differences between P.F. Chang’s and Pei Wei? 3. What type of lettuce is served with the Minced Chicken with Cool Lettuce Wraps? How many come in a Dine In order? How many with a Take Away order? 4. What three ingredients can be removed from the Chicken Lettuce Wraps? 5. Which two Small Plates are Vegetarian? 6. Which salad can be eaten by hand? Can this salad be made without peanuts? What dressing and sauce are used to make the mix? What two sauces are served on the side with this dish? 7. What three dishes do we offer to children? Are these dishes stock or oil-velveted? What meat do we serve with kid’s dishes? 8. How many ounces do we serve in each of the following: Meat Bowl Plate Chicken wt oz wt oz Steak wt oz wt oz Shrimp wt oz wt oz Tofu (with Vegetables) wt oz wt oz Tofu only wt oz wt oz © Pei Wei Asian Diner 2 Cashier Test – October 2011 9. What two kinds of noodles do we offer? 10. We actually have 6 Vegetarian sauces, but only five are marked as Vegetarian on the menu. Which sauce is not marked & why? 11. What meat comes with the Dan Dan Noodles? 12. Of the14 spicy dishes we offer, which five can be made mild? 13. Which 3 dishes can be made LESS spicy, but not mild? 14. What two soups do we offer? 15. What is the difference between stock-velveted and oil-velveted? 16. What protein must be oil-velveted regardless of how the dish is normally prepared? 17. What are the two reasons that potato starch is used in wok cooking? 18. When a Guest orders “extra meat” for their dish, how many ounces do they receive? What is the additional charge? 19. Which two dishes come with potato starched, sliced chicken instead of the usual diced chicken? 20. What are the three standard vegetables served to a Guest who requests either Extra Vegetables or a Veg&Tofu dish? When vegetables are ordered as the meat option, how many ounces of each do they receive? When ordered as ‘extra vegetables’, how many ounces of each do they receive? © Pei Wei Asian Diner 3 Cashier Test – October 2011 21. What is the difference between white and brown rice? 22. Can you take the ginger out of the Ginger Broccoli dish? 23. What is the difference between Sweet & Sour Sauce and Sweet Chile Sauce? 24. If a Guest wants extra lettuce, do we charge them? 25. What type of cooking oil do we use? 26. Thai Wonton Soup wontons are filled with which meat? List the ingredients for each dish, along with how you would describe their flavors to a Guest: Menu Item Ingredients Spicy (Y/N) Flavor Profile Japanese Teriyaki Bowl Lo Mein Honey Seared Pei Wei Spicy Mandarin Kung Pao Dan Dan Noodles Pad Thai Sesame © Pei Wei Asian Diner 4 Cashier Test – October 2011 27. What is the significance of the Lucky Cat? 28. What is the acronym that we use to assist a Guest when a mistake has been made? What does it stand for? 29. What must you find out from a Guest when they receive the wrong food in order to fix the situation? 30. What should you do if you overhear a Guest saying that they are unhappy with their meal? 31. What two visual cues for each dish differentiate the Orange Peel and the Mandarin Kung Pao from the Pei Wei Spicy? Orange Peel – Mandarin Kung Pao – 32. What are some simple trigger questions you could ask a Guest looking for menu suggestions? 33. What are the two reasons that we ask a Guest “how many” in their group? 34. What should you do before sending an order to the kitchen to ensure it is correct? 35. What is the proper way to answer the phone? 36. The phone should be answered in how many rings? 37. When processing a cash payment, how should you give change back to the Guest? 38. If a Guest does not use the full amount of their BOG (Be Our Guest), can they keep it to use next time? © Pei Wei Asian Diner 5 Cashier Test – October 2011 39. What do you say to a Guest when their credit card gets denied? 40. What do you do when a Guest orders alcohol? 41. What is the Day/Month/Year that makes someone 21? 42. Any Guest that orders alcohol and looks under _ __ must be carded. 43. What are your state’s acceptable legal forms of ID? 44. What brand of hot tea do we offer? 45. What flavors do we offer? 46. What two types of iced tea do we offer & how would you describe their flavor? 47. What should you tell a Guest who orders “iced tea”? 48. What do you do with Gift Cards & BOGs without a balance? 49. What do you do with a redeemed Appetizer card? 50. What is allowed to go in the Cashier hand-washing sink and Why? 51. Why is it important to quote a specific pick up time (i.e.11:30 a.m., instead of 20 minutes) to our Guests phoning in a Take Away order? © Pei Wei Asian Diner 6 Cashier Test – October 2011 52. Why is it important to verify your store location again when taking an order over the phone? 53. At what point in the conversation should you give a Guest on the phone a quote time for a Take Away order? 54. What are the four most significant ways we communicate non-verbally? 55. What is the maximum number of black containers you should put in a small bag? What is the only other rule when gauging how to properly bag? 56. Where are cold salads placed in a Take Away bag? 57. When a Guest requests Take Away chopsticks, but no plasticware, what else should you offer them? 58. What is different about the Asian Chopped Chicken Salad on the Party Menu? 59. What items do we offer with Party Menu orders that are not offered with regular Take Away orders? 60. How do you “communicate” to your fellow Cashiers when a Take Away order has multiple bags? © Pei Wei Asian Diner 7 Cashier Test – October 2011 Fill in the chart below with the proper garnish or sauce that goes with each dish for Take Away. Note: Some Markets garnish dishes at Inside Expo. Please follow your Market’s rules. MENU ITEM GARNISH/SAUCE AMOUNTS Minced Chicken Lettuce Wraps Bangkok Noodles Black Bean Chicken and Rice Lemongrass Chicken Noodle Salad Vegetable Spring Rolls (1) Vegetable Spring Rolls (2) Vegetable Spring Rolls (6) Pork Egg Rolls (1) Pork Egg Rolls (2) Pork Egg Rolls (6) Crab Wontons (2) Crab Wontons (4) Crab Wontons (6) Crispy Potstickers (2) (Market specific) Crispy Potstickers (4) (Market specific) Crispy Potstickers (6) (Market specific) Edamame Asian Chopped Chicken Salad Pei Wei Spicy Chicken Salad Vietnamese Chicken Salad Rolls Japanese Teriyaki Bowl Pad Thai Thai Dynamite Honey Seared Caramel Sesame Spicy Korean 61. Do we offer gallon jugs of our iced teas for Party Menu orders? © Pei Wei Asian Diner 8 Cashier Test – October 2011 62. Why is it important to ask the Guest if they are Vegetarian when they order Veg & Tofu as their meat option? How do we modify their order to communicate to the kitchen? When a dish is modified “Vegetarian”, what does that tell the kitchen to do? 63. Name six items that you could suggest for someone who is Gluten intolerant, including the necessary modifications for each dish. 64. What is the main ingredient in most of our dishes (and found on every table) that a Gluten intolerant person is allergic to? 65. If a Guest asks for “no peanuts”, what should you ask them? Why? 66. What should you do when a Guest asks you a question and you are unsure of the answer? 67. When a Guest orders the “Sweet & Sour – no vegetables”, what should you ask them? 68. If a Guest orders a “Spicy Korean with chicken and fried rice – no veg”, what should you ask them? 69. What should you say to a Guest who orders ‘Fried Rice’ instead of white or brown steamed rice? 70. What is a “resting face”? © Pei Wei Asian Diner 9 Cashier Test – October 2011 71. Which one sounds friendlier, “Is that all?” or “What else can I get for you?” 72. Why should you greet the Guest before they have a chance to greet you? 73. Which is more important, getting sidework finished or helping a Guest that just walked in? 74. Why is it important never to have your back to the front doors? 75. What service could you offer a family with small children as they are making their way to a table? 76. If you are taking care of a Guest at Dine In and the phone rings, do you answer it or finish with the Guest in front of you? 77. Guests can place orders up to _____ online. 78. Why do we only allow basic modifiers to dishes online? 79. How do you know when a Guest has already paid for their order online? 80. When do we process a credit card for a Web order? 81. What 3 items are NOT offered on the Party Menu? Agenda Item 12 Name of Event Name of Applicant Location of Event Day of Week Date of Event Time of Event Bands on the Bricks Downtown Boulder Partnership 1303 Pearl Street (1300 Block of Pearl Street), Boulder, CO 80302 Wednesdays June 7, 14, 21, 28; July 5, 12, 19, 26; August 2, 9, 2017 4:00 PM ‐ 10:00 PM Twenty Ninth Street LIVE Summer Concert Series The Barrel 29th Street Mall‐ Central Plaza, 1710 29th Street, Boulder, CO 80301 Saturdays June 10, June 24, July 8, July 22, August 5, and August 19. 6:00 PM ‐ 9:00 PM BCFM Beer and Wine Garden ECO‐Cycle‐Boulder County Farmers Market ‐Beer and Wine Garden 13th Street Plaza‐(between Dusharabe Tea House and Atrium Building) City Of Boulder, CO 80302 Wednesdays August 16, 23, 30; Sept 6,13,20, 27 and October 4, 2017 4:00 PM to 8:00 PM Boulder Sunset Triathlon Your Cause Sports Boulder Reservoir, 5565 51st Street, Boulder, CO 80301 Saturday August 26, 2017 7:30 AM ‐ 1:00 PM Summer Concert Series The Barrel 29th Street‐ 1710 29th St. Unit 1048 Saturday July 15, 29, August 12, 26, and September 2, 2017 6PM to 9PM B Strong Ride Boulder Cancer Fighters Celestial Seasonings, Inc., 4600 Sleepytime Drive, Boulder, CO 80301 Saturday August 12, 2017 10:00 AM ‐ 4:00 PM Ironman Boulder 70.3 Paradox Sports Boulder Reservoir‐5565 N 51st ST., Boulder CO 80301 Saturday August 5, 2017 11AM to 4:30PM Arcadia event Mammoth Arts Foundation Highland Club‐885 Arapahoe Avenue Saturday August 12, 2017 1PM to 9:30PM Bands on the Bricks‐ rain date only Downtown Boulder Partnership 1300 Block of Pearl Street Mall Wednesday August 16, 2017 4 PM to 10PM Naturally Boulder, Inc.‐ Networking Night‐August Naturally Boulder, Inc.Impact Hub Academy, 1877 Broadway, Ste 100, Boulder, CO 80302 Monday August 14, 2017 5:30PM to 7:30PM Shared Paths Pop Up #2: Bear Creek Boulder Building Blocks Fund Inc Martin Park‐ 36th and Eastman, Boulder, CO 80305 Thursday August 17, 2017 4:30PM to 7PM Boulder Craft Beer Festival Downtown Boulder Foundation North Boulder Park, 9th Street and Dellwood Avenue, Boulder, CO 80303 Saturday August 19, 2017 11AM to 6PM Growing Gardens Farm Dinner Growing Gardens Growing Gardens‐1630 Hawthorne Avenue, Boulder CO 80304 Saturday August 5, 2017 4:30PM to 9:00 PM Candidate Meet & Greet Boulder Chamber of Commerce Zayo Group‐1805 29th ST, Suite 2050, Boulder CO 80301 Wednesday August 30, 2017 5PM‐8PM BIFF Fundraiser Boulder International Fringe Festival Rocky Mountain Anglers‐1904 Arapahoe, Boulder CO 80302 Tuesday August 22, 2017 5PM‐9PM All You Can Artist Buffet Boulder International Fringe Festival Wesley Fellowship‐1290 Folsom St, Bouler CO 80302 Wednesday August 16, 2017 6PM‐9PM Encore Boulder International Fringe Festival Nomad Playhouse Community Room‐ 1410 Quince Ave, Boulder CO 80304 Sunday August 27, 2017 3PM‐9PM Boulder Gold Rush The Oscar Blues CAN'D Aid Foundation North Boulder Park, 2838 9th Street, Boulder, CO 80304 Sunday August 27, 2017 8:00 AM ‐ 5:00 PM Aperitivo for Seniors Boulder County RSVP Board Inc Aperitivo‐ 5530 Spine Rd, Boulder, CO 80301 Friday to Sunday August 25, August 26, and August 27, 2017 4:30PM to 10PM and 11AM to 5PM SPECIAL EVENT LIQUOR LICENSES AND TEMPORARY MODIFICATIONS ‐August 2017 Liquor License Notices Sent License Database7/31/2017 Page 1 of 1 Notices were sent to these licensees Trade Name/Applicant:Number:Location/Mailing Address:License Type: Expires: Deadline: ARUGULA BAR RISTORANTE 12-77400-00002785 Iris Ave Hotel-Restaurant Liquor 11/23/2017 10/09/2017 Sugo, Inc 2785 Iris Ave BOULDER BEER COMPANY 47-03661-00002880 WILDERNESS PL Brew Pub Liquor 11/16/2017 10/02/2017 BOULDER BEER INC 2880 WILDERNESS PL DARK HORSE 12-14346-00002922 Baseline Rd Hotel-Restaurant Liquor 11/02/2017 09/18/2017 Wild Irish, INC 1290 Edinboro Dr HIGHLAND CITY CLUB 47-07196-0000885 Arapahoe Avenue Club Liquor 11/20/2017 10/06/2017 City Club 885 Arapahoe Avenue JAPANGO 12-32257-00001136 Pearl St Unit 103 Hotel-Restaurant Liquor 11/02/2017 09/18/2017 Holy Sushi, Inc 1136 Pearl St, Unit 103 MEDITERRANEAN, THE 03-56600-00001002 Walnut St, Unit 101-B Hotel-Restaurant Liquor 11/02/2017 09/18/2017 The Mediterranean, Inc 1002 Walnut St, Unit 101-B NAKED LUNCH 47-03891-00003301 Arapahoe Ave, Unit #E-166 Hotel-Restaurant Liquor 11/24/2017 10/10/2017 Naked Lunch Inc.774 Mountain Meadows Rd. PETTYJOHN'S LIQUOR & WINE 10-98942-0000613 S Broadway Retail Liquor Store 11/03/2017 09/19/2017 Chansco, Inc 613 S Broadway SHERPA'S 25-33846-0000825 Walnut St Hotel-Restaurant Liquor 11/20/2017 10/06/2017 Sherpa's LLC 825 Walnut St ST JULIEN HOTEL 15-40621-0000900 Walnut St Hotel-Restaurant Liquor 11/23/2017 10/09/2017 St Julien Partners LLC 900 Walnut St., Suite 200 SUNDOWN SALOON 41-48692-00001136 Pearl St Basement Tavern Liquor 11/13/2017 09/29/2017 Boulder Sundown Saloon, Inc 1136 Pearl St Basement SUSHI HANA 47-00225-00001220 Pennsylvania Ave Hotel-Restaurant Liquor 11/04/2017 09/20/2017 Sushi Hana, Inc 1220 Pennsylvania Ave T-ACO AN URBAN TAQUERIA 47-00221-00001175 Walnut St Hotel-Restaurant Liquor 11/09/2017 09/25/2017 Taco Boulder LLC 1175 Walnut St THE BRADLEY 26-43435-00002040 16th St Bed & Breakfast Permit 11/03/2017 09/19/2017 Q D Properties, Inc 2040 16th St WONDER PRESS 47-01993-0000946 Pearl St Beer & Wine Liquor 11/26/2017 10/12/2017 Wonder Press Pearl LLC 946 Pearl Street ZEAL - FOOD FOR ENTHUSIASTS 47-02064-00001710 PEARL ST Hotel-Restaurant Liquor 11/12/2017 09/28/2017 Zeal LLC 1707 Walnut Street #307 16 licensees receiving notices Notices were NOT sent to these licensees as they are set for non-automatic renewal Trade Name/Applicant:Number:Location/Mailing Address:License Type: Expires: Deadline: COMA MEXICAN GRILL 47-07195-00004800 Baseline Road, Unit E-105 Hotel-Restaurant Liquor 11/17/2017 10/03/2017 Coma LLC 4800 Baseline Road, Unit E-105 MANDALA INFUSION 47-05428-00004871 N Broadway Hotel-Restaurant Liquor 11/23/2017 10/09/2017 Mandala Infusion, Inc 4450 Broadway #202 OWSLEY'S GOLDEN ROAD & LULU'S KITCHE 47-00347-00001301 Broadway Hotel-Restaurant Liquor 11/20/2017 10/06/2017 Sioux Inc 1301 Broadway 3 non-automatic renewal licensees Expiring Between 11/1/2017 and 11/30/2017 Has not yet been inspected/licenses issued Per request Officer Bergh for BLA Renewal Hearing Per order Beverage Licensing Authority Will be scheduled for a Renewal Hearing