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07.18.18 BLA PacketBeverage licensing Authority Hearing Packet JULY 18, 2018 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, JULY 18, 2018, 3:00 P.M. CONFERENCE ROOM 107 BRENTON BUILDING – 1ST FLOOR 1136 ALPINE AVENUE, BOULDER, COLORADO AGENDA 1. Agenda Item: i. Member roll call; ii. Approval of Beverage Licensing Authority (BLA) minutes from May 16, 2018 hearing; iii. Approval of Beverage Licensing Authority (BLA) minutes from June 20, 2018 hearing iv. Hearing agenda issues from licensing clerk. 2. Matters from the Boulder Police Department. 3. Matters from the Responsible Hospitality Group. 4. Fate Restaurants, LLC d/b/a Fate Ale House & Brewing Company, 1600 38th Street, Suite 100, Boulder, CO 80301-Monthly status renewal report to the BLA. 5. Show Cause hearing concerning February 9, 2018 violations and whether the Tavern type liquor license held by Nomad Station, LLC d/b/a The Pop-Up, 1109 Walnut St, Boulder, CO 80302, should be suspended or revoked. 6. Public hearing and consideration of an April 20, 2018 application from The Dairy Center for the Arts d/b/a Dairy Arts Center, 2590 Walnut St, Boulder, CO 80302; Melissa Fathman, Executive Director, Angela Fisher, Director of Operations, and Katie Woodzick, Manager; with a premise business mailing address, for a renewal of an Arts type liquor license. 7. Public hearing and consideration of a May 4, 2018 application from Zoe Zen, Inc d/b/a Zoe Ma Ma, 2010 10th St, Boulder, CO 80302; Edwin Zoe, President and Registered Manager; with a premise business mailing address, for a renewal of a Beer and Wine type liquor license. 8. Public hearing and consideration of a June 21, 2018 application from Emmer and Sons, LLC d/b/a Emmerson, 1600 Pearl Street, Suite 100, Boulder, CO 80302; Benjamin Kaplan, Owner and 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 May 21, 2018 application from Boardgames, Beer and Bites LLC d/b/a Boardgames, Beer and Bites, 2027 Broadway, Boulder CO 80302; Stacy Litwin, Owner and Manager; with a business mailing address of 2240 Gay Street, Longmont, CO 80501, for a new Beer and Wine type liquor license. 10. Public hearing and consideration of a June 7, 2018 application from SAS Inc d/b/a William Village Liquor, 655 30th Street, Boulder, CO 80303; Sushil Dahal, President, Secretary, Director, and Manager; with a premise business mailing address, for a transfer of a Retail Liquor Store type liquor license. 11. Matters from the Assistant City Attorney a. 5-7-2. - Possession and Consumption of Alcoholic Beverages in Public Prohibited – clarification about an ordinance allowing full strength beer & wine consumption in the parks 12. Matters from the Licensing Clerk a. Neighborhood boundary setting for applications for the August 15, 2018 BLA hearing – none this month b. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room – i. Unnamed Beer Company LLC d/b/a Unnamed Beer Company– New Permanent Sales Room application for 2907 55th Street, Unit 1B, Boulder, CO 80301 ii. J and L Distilling Company d/b/a J and L Distilling- New Permanent Sales Room application for 4843 Pearl Street, Suites A1 and B1, Bould er CO 80301 c. Informational items i. July Special Events and Temporary Modifications ii. July Liquor License renewal mailing lists iii. LED Email – June 8, 2018 – LED Communication iv. LED Email – June 19, 2018 – Retail 3.2 License Conversion v. LED Email – June 25, 2018 – Regulatory Agenda, Legislative Update and lodging and Entertainment Working Groups vi. Email from Mishawn Cook to Members regarding Building Bridges – July 26, 2018 discussion reminder vii. LED Email – June 29, 2018 – SB 18-243 Questions and Training viii. LED Email – July 2, 2018 – Trade Practices and Delivery Subgroups 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, Brenton Building, 1136 Alpine Avenue, Boulder, Colorado 80304. 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 Tuesday, July 3, 2018 Mishawn J. Cook, Licensing Administrator, CMC Published on Sunday, July 8, 2018, in the Daily Camera newspaper Boulder Daily Camera - 07/08/2018 Page : A12 © 2018 Daily Camera and Prairie Mountain Publishing, LLC. .Please read our Privacy Policy and User Agreement. Please review new arbitration language here. 07/08/2018 July 10, 2018 6:49 am (GMT +6:00) Powered by TECNAVIA - +DF; -)/F ;(-% D&@ @&F &C @/ ;F /B@ +/+ (;;B;4 :+F / /, DF ":/, @& 1% D(@&/B@ &C(-% +:- ;/,@&(-% /: @&(-*(-% /B@ @& (;;B; (- ("":' -@DF8/B-%;(47 @D(++ 1:(C(+% @/ /C:; @& /1(-(/- 1% - &+1 %(C E1:;;(/- @/ -D (; /B@ @& /,,B-(@F - @& (;;B; (@ ";48 /B-%%-&(;::(- 0.. 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Please review new arbitration language here. 07/08/2018 July 10, 2018 6:51 am (GMT +6:00) Powered by TECNAVIA Copy Reduced to 71% from original to fit letter page Public Notice Public Notice Public Notice Public Notice Public Notice Public NoticeLegal Notices PLACE YOUR AD:303.466.3636 BOULDER/BROOMFIELD/LONGMONT OR 970.635.3650 LOVELAND OR FRONTRANGECLASSIFIEDS.COM 303.466.3636 BOULDER/BROOMFIELD/LONGMONT 970.635.3650 LOVELAND GET IT DONE. FIND IT.OWN IT.WORK IT.SELL IT. 303.466.3636 BOULDER/BROOMFIELD/LONGMONT 970.635.3650 LOVELAND PLACEYOUR ADCall 303-466-3636 or 970-635-3650.LOOKING FOR A JOB?We’re your #1 source in print and online for the latest jobs in the area.PLACE YOUR AD. Call 303-466-3636 or 970-635-3650.APARTMENTRENTALSYour First Choice forYour First Choice forYour First Choice forYour First Choice forApartment Living in BoulderApartment Living in BoulderApartment Living in BoulderApartment Living in BoulderVotedVotedVotedVoted“Best L a n dl o r d “Best L a n dl o r d “Best L a n dl o r d “Best L a n dl o r din B o ul d e r ” 2 0 0 4 -in B o ul d e r ” 2 0 0 4 -in B o ul d e r ” 2 0 0 4 -in B o ul d e r ” 2 0 0 4 - 2005 “ d i r t ” d ail y 2005 “ d i r t ” d ail y 2005 “ d i r t ” d ail y 2005 “ d i r t ” d ail y newspapernewspapernewspapernewspaper ALSO OFFERING:ALSO OFFERING:ALSO OFFERING:ALSO OFFERING:• Affordable Rents• Affordable Rents• Affordable Rents• Affordable Rents• Friendly, Responsive Management• Friendly, Responsive Management• Friendly, Responsive Management• Friendly, Responsive Management• Immediate Occupancy• Immediate Occupancy• Immediate Occupancy• Immediate OccupancyVisit us on line at: www.boardwalkapartments.comVisit us on line at: www.boardwalkapartments.comVisit us on line at: www.boardwalkapartments.comVisit us on line at: www.boardwalkapartments.com303-442-0200Call us 8am-8pm weekdays9am-6pm weekends!2737 Mapleton, Ste.102WEOFFERTHELARGESTSELECTIONOFONE&TWOBEDROOMAPARTMENTSANDSTUDIOSTHROUGHOUTBOULDER.CALLUS:SEVENDAYSAWEEK!NOW LEASING!NOW LEASING!NOW LEASING!NOW LEASING! 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, JULY 18, 2018, 3:00 P.M. CONFERENCE ROOM 107 BRENTON BUILDING – 1ST FLOOR 1136 ALPINE AVENUE, BOULDER, COLORADO AGENDA 1. Agenda Item: i. Member roll call; ii. Approval of Beverage Licensing Authority (BLA) minutes from May 16, 2018 hearing; iii. Approval of Beverage Licensing Authority (BLA) minutes from June 20, 2018 hearing iv. Hearing agenda issues from licensing clerk. 2. Matters from the Boulder Police Department. 3. Matters from the Responsible Hospitality Group. 4.Fate Restaurants, LLC d/b/a Fate Ale House & Brewing Company, 1600 38th Street, Suite 100, Boulder, CO 80301-Monthly status re- newal report to the BLA. 5. Show Cause hearing concerning February 9, 2018 violations and whether the Tavern type liquor license held by Nomad Station, LLC d/b/a The Pop-Up, 1109 Walnut St, Boulder, CO 80302, should be suspended or revoked. 6. Public hearing and consideration of an April 20, 2018 application from The Dairy Center for the Arts d/b/a Dairy Arts Center, 2590 Walnut St, Boulder, CO 80302 ; Melissa Fathman, Executive Director, Angela Fisher, Director of Operations, and Katie Woodzick, Manag- er; with a premise business mailing address, for a renewal of an Arts type liquor license. 7. Public hearing and consideration of a May 4, 2018 application from Zoe Zen, Inc d/b/a Zoe Ma Ma, 2010 10th St, Boulder, CO 80302; Edwin Zoe, President and Registered Manager; with a prem- ise business mailing address, for a renewal of a Beer and Wine type liquor license. 8. Public hearing and consideration of a June 21, 2018 application from Emmer and Sons, LLC d/b/a Emmerson, 1600 Pearl Street, Suite 100, Boulder, CO 80302; Benjamin Kaplan, Owner and Regis- tered Manager; with a premise business mailing address, for a re- newal of a Hotel-Restaurant type liquor license. 9. Public hearing and consideration of a May 21, 2018 application from Boardgames, Beer and Bites LLC d/b/a Boardgames, Beer and Bites, 2027 Broadway, Boulder CO 80302 ; Stacy Litwin, Owner and Manager; with a business mailing address of 2240 Gay Street, Longmont, CO 80501, for a new Beer and Wine type liquor license. 10. Public hearing and consideration of a June 7, 2018 application from SAS Inc d/b/a William Village Liquor, 655 30th Street, Boulder, CO 80303; Sushil Dahal, President, Secretary, Director, and Manag- er; with a premise business mailing address, for a transfer of a Re- tail Liquor Store type liquor license. 11. Matters from the Assistant City Attorney a. 5-7-2. - Possession and Consumption of Alcoholic Beverages in Public Prohibited – clarification about an ordinance allowing full strength beer & wine consumption in the parks 12. Matters from the Licensing Clerk a.Neighborhood boundary setting for applications for the Au- gust 15, 2018 BLA hearing – none this month b.Breweries, Wineries, and Distilleries requests for local li- censing authority input on Application for Colorado Liquor Sales Room – i. Unnamed Beer Company LLC d/b/a Unnamed Beer Company– New Permanent Sales Room application for 2907 55th Street, Unit 1B, Boulder, CO 80301 ii. J and L Distilling Company d/b/a J and L Distilling- New Permanent Sales Room application for 4843 Pearl Street, Suites A1 and B1, Boulder CO 80301 c. Informational items i. July Special Events and Temporary Modifications ii. July Liquor License renewal mailing lists iii. LED Email – June 8, 2018 – LED Communication iv. LED Email – June 19, 2018 – Retail 3.2 License Conver- sion v. LED Email – June 25, 2018 – Regulatory Agenda, Legislative Update and lodging and Entertainment Working Groups WK Real EstateBoulder CountyGold Award15 yearsin a row!wkre.com2363 Keller Farm Dr., Boulder $1,895,000At the west end of a private cul-de-sac of distinctive homes with Flatirons views. Exceptional5,200 sq.ft. multi-level floor plan offers beautiful design elements. Private master suite with3 additional upper level bedrooms. In-law suite with separate entrance. Backs to seasonal ditch.Directions: From Iris & 26th, go north to Keller Farm Drwww.2363.wkre.comMLS#853799 OPEN SUNDAY 12PM-2PM7jpollich@wkre.comjoycepollich.wkre.comJoyce Pollich303-249-6501 gp vi. Email from Mishawn Cook to Members regarding Building Bridges – July 26, 2018 discussion reminder vii. LED Email – June 29, 2018 – SB 18-243 Questions and Training viii. LED Email – July 2, 2018 – Trade Practices and Delivery Subgroups 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, Brenton Building, 1136 Alpine Avenue, Boulder, Colorado 80304. 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. Final on Tuesday, July 3, 2018 Mishawn J. Cook, Licensing Administrator, CMC Published: Daily Camera July 8, 2018 - 1482772 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 Express, Inc. PO Number 2016000677 for construction of Valmont Rd and 29th St Intersection Improvements 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 11th day of July, 2018. Publish date July 08, 2018 in the Daily Camera Publish date July 15, 2018 in the Daily Camera /s/ Amy Hildebrandt Sales/Use Tax Approval /s/ Calder Grey Purchasing Final Approval Published: Daily Camera July 8, 15, 2018 - 1482614 A public hearing is scheduled for Planning Board consideration on July 19, 2018. The public hearing will begin sometime after 6:00 p.m. at 1777 Broadway, Council Chambers.Interested parties may find more information 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: Public hearing and consideration of a Use Rev view application (case no. LUR2018-00008) for a change in the operation of the Colorado Chautauqua Cottage 1 (aka Galey Cottage) which is part of the Chautauqua use and located near the Chautauqua Auditorium. Proposed are a small events and meeting space venue as well as a short-term rental for lodging at Chautauqua. No change to the square footage of the building is proposed. Exterior improvements and maintenance are proposed as approved through HIS2017-00369. Minor landscape changes are also proposed. B. AGENDA TITLE: Public hearing and consideration of a recom- mendation to City Council on the proposed 2019-2024 Capital Improvement Program (CIP). Published: Daily Camera July 8, 15, 2018 - 1482668 A public hearing is scheduled for Board of Zoning Adjustments con- sideration on July 12, 2018. The public hearing will begin sometime after 5:00 p.m. in 1777 Broadway, Council Chambers . Interested par- ties may find more information at www.bouldercolorado. gov/boards-commissions/boza or contact Cindy Spence at 303-441- 4464, spencec@bouldercolorado.gov. Public Hearing Items: Area Variance for an Owners Accessory Unit (OAU) B. Docket No.: BOZ2018-15; Address: 4285 Graham Court; Applicant: Keeli Biediger; Parking in Landscape Setback Variance C. Docket No.: BOZ2018-16; Address: 5000 Butte Street #183 (located on Vail Circle); Applicant: Sam Shrestha; Setback Variance D. Docket No.: BOZ2018-18; Address: 985 Gilbert Street; Applicants: Lon & Lauren McGowan; Setback Variance E. Docket No.: BOZ2018-19; Address: 5000 Butte Street #64 (located on Berthoud); Applicant: Sam Shrestha; Setback Variance Published: Daily Camera July 1, 8, 2018 - 1479802 WK Real EstateBoulder CountyGold Award15 yearsin a row!wkre.com58 Acorn Lane, Boulder $1,025,000Sun-filled home in lower Pine Brook Hills! Close proximity to the Mount Sanitas trailhead, easyaccess to Boulder on paved roads. Great views! Main floor master, vaulted ceilings, walkoutlower level, and multiple outdoor living spaces. 8.5 kW PV solar system. New septic beinginstalled. Pine Brook Water, natural gas and high-speed internet!www.58.wkre.com OPEN SUNDAY 12PM-2PM7cpeterson@wkre.comPetersonHomes.comCraig Peterson, GRI, e-PRO720-564-6008DAILY CAMERA SUNDAY, JULY 8, 2018 | PAGE E5 Boulder Daily Camera - 07/08/2018 Page : E05 © 2018 Daily Camera and Prairie Mountain Publishing, LLC. .Please read our Privacy Policy and User Agreement. Please review new arbitration language here. 07/08/2018 July 10, 2018 6:52 am (GMT +6:00) Powered by TECNAVIA Copy Reduced to 88% from original to fit letter page Public Notice Public Notice Public Notice Public Notice Public Notice Public NoticeLegal Notices PLACE YOUR AD:303.466.3636 BOULDER/BROOMFIELD/LONGMONT OR 970.635.3650 LOVELAND OR FRONTRANGECLASSIFIEDS.COM 303.466.3636 BOULDER/BROOMFIELD/LONGMONT 970.635.3650 LOVELAND GET IT DONE. 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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, JULY 18, 2018, 3:00 P.M. CONFERENCE ROOM 107 BRENTON BUILDING – 1ST FLOOR 1136 ALPINE AVENUE, BOULDER, COLORADO AGENDA 1. Agenda Item: i. Member roll call; ii. Approval of Beverage Licensing Authority (BLA) minutes from May 16, 2018 hearing; iii. Approval of Beverage Licensing Authority (BLA) minutes from June 20, 2018 hearing iv. Hearing agenda issues from licensing clerk. 2. Matters from the Boulder Police Department. 3. Matters from the Responsible Hospitality Group. 4.Fate Restaurants, LLC d/b/a Fate Ale House & Brewing Company, 1600 38th Street, Suite 100, Boulder, CO 80301 -Monthly status re- newal report to the BLA. 5. Show Cause hearing concerning February 9, 2018 violations and whether the Tavern type liquor license held by Nomad Station, LLC d/b/a The Pop-Up, 1109 Walnut St, Boulder, CO 80302 , should be suspended or revoked. 6. Public hearing and consideration of an April 20, 2018 application from The Dairy Center for the Arts d/b/a Dairy Arts Center, 2590 Walnut St, Boulder, CO 80302; Melissa Fathman, Executive Director, Angela Fisher, Director of Operations, and Katie Woodzick, Manag- er; with a premise business mailing address, for a renewal of an Arts type liquor license. 7. Public hearing and consideration of a May 4, 2018 application from Zoe Zen, Inc d/b/a Zoe Ma Ma, 2010 10th St, Boulder, CO 80302; Edwin Zoe, President and Registered Manager; with a prem- ise business mailing address, for a renewal of a Beer and Wine type liquor license. 8. Public hearing and consideration of a June 21, 2018 application from Emmer and Sons, LLC d/b/a Emmerson, 1600 Pearl Street, Suite 100, Boulder, CO 80302; Benjamin Kaplan, Owner and Regis- tered Manager; with a premise business mailing address, for a re- newal of a Hotel-Restaurant type liquor license. 9. Public hearing and consideration of a May 21, 2018 application from Boardgames, Beer and Bites LLC d/b/a Boardgames, Beer and Bites, 2027 Broadway, Boulder CO 80302; Stacy Litwin, Owner and Manager; with a business mailing address of 2240 Gay Street, Longmont, CO 80501, for a new Beer and Wine type liquor license. 10. Public hearing and consideration of a June 7, 2018 application from SAS Inc d/b/a William Village Liquor, 655 30th Street, Boulder, CO 80303; Sushil Dahal, President, Secretary, Director, and Manag- er; with a premise business mailing address, for a transfer of a Re- tail Liquor Store type liquor license. 11. Matters from the Assistant City Attorney a. 5-7-2. - Possession and Consumption of Alcoholic Beverages in Public Prohibited – clarification about an ordinance allowing full strength beer & wine consumption in the parks 12. Matters from the Licensing Clerk a.Neighborhood boundary setting for applications for the Au- gust 15, 2018 BLA hearing – none this month b.Breweries, Wineries, and Distilleries requests for local li- censing authority input on Application for Colorado Liquor Sales Room – i. Unnamed Beer Company LLC d/b/a Unnamed Beer Company– New Permanent Sales Room application for 2907 55th Street, Unit 1B, Boulder, CO 80301 ii. J and L Distilling Company d/b/a J and L Distilling- New Permanent Sales Room application for 4843 Pearl Street, Suites A1 and B1, Boulder CO 80301 c. Informational items i. July Special Events and Temporary Modifications ii. July Liquor License renewal mailing lists iii. LED Email – June 8, 2018 – LED Communication iv. LED Email – June 19, 2018 – Retail 3.2 License Conver- sion v. LED Email – June 25, 2018 – Regulatory Agenda, Legislative Update and lodging and Entertainment Working Groups WK Real EstateBoulder CountyGold Award15 yearsin a row!wkre.com2363 Keller Farm Dr., Boulder $1,895,000At the west end of a private cul-de-sac of distinctive homes with Flatirons views. Exceptional5,200 sq.ft. multi-level floor plan offers beautiful design elements. Private master suite with3 additional upper level bedrooms. In-law suite with separate entrance. Backs to seasonal ditch.Directions: From Iris & 26th, go north to Keller Farm Drwww.2363.wkre.comMLS#853799 OPEN SUNDAY 12PM-2PM7jpollich@wkre.comjoycepollich.wkre.comJoyce Pollich303-249-6501 gp vi. Email from Mishawn Cook to Members regarding Building Bridges – July 26, 2018 discussion reminder vii. LED Email – June 29, 2018 – SB 18-243 Questions and Training viii. LED Email – July 2, 2018 – Trade Practices and Delivery Subgroups 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, Brenton Building, 1136 Alpine Avenue, Boulder, Colorado 80304. 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. Final on Tuesday, July 3, 2018 Mishawn J. Cook, Licensing Administrator, CMC Published: Daily Camera July 8, 2018 - 1482772 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 Express, Inc. PO Number 2016000677 for construction of Valmont Rd and 29th St Intersection Improvements 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 11th day of July, 2018. Publish date July 08, 2018 in the Daily Camera Publish date July 15, 2018 in the Daily Camera /s/ Amy Hildebrandt Sales/Use Tax Approval /s/ Calder Grey Purchasing Final Approval Published: Daily Camera July 8, 15, 2018 - 1482614 A public hearing is scheduled for Planning Board consideration on July 19, 2018. The public hearing will begin sometime after 6:00 p.m. at 1777 Broadway, Council Chambers.Interested parties may find more information 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: Public hearing and consideration of a Use Rev view application (case no. LUR2018-00008) for a change in the operation of the Colorado Chautauqua Cottage 1 (aka Galey Cottage) which is part of the Chautauqua use and located near the Chautauqua Auditorium. Proposed are a small events and meeting space venue as well as a short-term rental for lodging at Chautauqua. No change to the square footage of the building is proposed. Exterior improvements and maintenance are proposed as approved through HIS2017-00369. Minor landscape changes are also proposed. B. AGENDA TITLE: Public hearing and consideration of a recom- mendation to City Council on the proposed 2019-2024 Capital Improvement Program (CIP). Published: Daily Camera July 8, 15, 2018 - 1482668 A public hearing is scheduled for Board of Zoning Adjustments con- sideration on July 12, 2018 . The public hearing will begin sometime after 5:00 p.m. in 1777 Broadway, Council Chambers . Interested par- ties may find more information at www.bouldercolorado. gov/boards-commissions/boza or contact Cindy Spence at 303-441- 4464, spencec@bouldercolorado.gov. Public Hearing Items: Area Variance for an Owners Accessory Unit (OAU) B. Docket No.: BOZ2018-15; Address: 4285 Graham Court; Applicant: Keeli Biediger; Parking in Landscape Setback Variance C. Docket No.: BOZ2018-16; Address: 5000 Butte Street #183 (located on Vail Circle); Applicant: Sam Shrestha; Setback Variance D. Docket No.: BOZ2018-18; Address: 985 Gilbert Street; Applicants: Lon & Lauren McGowan; Setback Variance E. Docket No.: BOZ2018-19; Address: 5000 Butte Street #64 (located on Berthoud); Applicant: Sam Shrestha; Setback Variance Published: Daily Camera July 1, 8, 2018 - 1479802 WK Real EstateBoulder CountyGold Award15 yearsin a row!wkre.com58 Acorn Lane, Boulder $1,025,000Sun-filled home in lower Pine Brook Hills! Close proximity to the Mount Sanitas trailhead, easyaccess to Boulder on paved roads. Great views! Main floor master, vaulted ceilings, walkoutlower level, and multiple outdoor living spaces. 8.5 kW PV solar system. New septic beinginstalled. Pine Brook Water, natural gas and high-speed internet!www.58.wkre.com OPEN SUNDAY 12PM-2PM7cpeterson@wkre.comPetersonHomes.comCraig Peterson, GRI, e-PRO720-564-6008DAILY CAMERA SUNDAY, JULY 8, 2018 | PAGE E5 BLA 5/16/18 Draft Minutes Page 1 of 11 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * * HEARING MINUTES * * * MAY 16 , 2018, 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: May 16, 2018 NAME & PHONE OF PERSON Mishawn Cook, Licensing Manager (303-441-3010) PREPARING SUMMARY: Beata Mazurkiewicz, Licensing Specialist (303-441-3034) NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Steven Wallace, Alyssa Lundgren, Michael Friesen, Kevin Mahoney, and Matthew Califano Staff Present: Debra Kalish, Senior Counsel, Mishawn Cook, Licensing Manager, Beata Mazurkiewicz, Licensing Specialist 1. Agenda Item: i. Member roll call Authority member roll call was completed, with a quorum of 5 members present. ii. Election of BLA Chair and Vice Chair. The Authority discussed that Steve Wallace should act as BLA chair and that Matthew Califano should act as BLA Vice- Chair. Member Friesen moved, Lundgren seconded, that Wallace should be BLA Chair. Motion approved 5:0. Chair Wallace moved, Friesen seconded, that Califano should be BLA Vice- Chair. Motion approved 5:0. iii. Approval of Beverage Licensing Authority (BLA) minutes from the March 21, 2018 hearing. BLA 5/16/18 Draft Minutes Page 2 of 11 Both Wallace and Lundgren noted changes for the draft. Member Califano moved, Lundgren seconded, to approve the minutes as amended. Motion approved 4:0 with Member Mahoney abstaining due to absence. iv. Approval of Beverage Licensing Authority (BLA) minutes from the April 18, 2018 hearing. Changes were not noted for the draft. Member Friesen moved, Lundgren seconded, to approve these minutes. Motion approve 4:0 with Mahoney abstaining due to absence. v. Hearing agenda issues from licensing clerk. Ms. Cook stated that she would make her comments later in the hearing during Item 16. 2. Matters from the Boulder Police Department (BPD). Officer Dan Bergh appeared on behalf of BPD. Officer Bergh noted that the heading on the PD reports in the packet are incorrect, but that the reports are for April 2018 data. Chair Wallace inquired with Officer Bergh as to if tickets for Procuring Alcohol for Minors have increased. 3. Matters from the Responsible Hospitality Group (RHG). Michael Absalom appeared on behalf of the RHG. Mr. Absalom referred to materials provided in the hearing packet. Mr. Absalom showed the BLA a device for order a taxi that the RHG membership is interested in. Mr. Absalom invited the BLA members to the next RHG meeting. Mr. Absalom noted that Fate Brewing, Bohemian Biergarten, and Bartaco are RHG members in good standing. 4. Fate Restaurants, LLC d/b/a Fate Ale House & Brewing Company, 1600 38th Street, Suite 100, Boulder, CO 80301-Monthly status renewal report to the BLA. Member Lundgren recused herself for the portion of the hearing. Mike Lawinski, Owner, was sworn in and provided testimony. Mr. Lawinski’s offered tax return was accepted as Agenda Item 4, Exhibit 1. A clarifying email was accepted as Agenda Item 4, Exhibit 2. Member Lundgren rejoined the hearing at this time. BLA 5/16/18 Draft Minutes Page 3 of 11 5. Show Cause hearing concerning a February 23, 2018 violation and whether the Hotel- Restaurant type liquor license held by Sanchos Mexican Restaurant II LLC d/b/a Sancho's Mexican Restaurant, 6545 Gunpark Drive, Unit 280, Boulder, CO 80301, should be suspended or revoked. Shawn Camden, Restaurant Owner, was sworn in and provided testimony. Hearing procedures were read by the Chair. No conflicts of interest or ex-parte communications were disclosed by Authority members. Lucas Markley, PD Prosecutor, offered a stipulation to the facts in this matter. Member Califano moved, Friesen seconded, to accept the stipulation to the facts. Motion approved 5:0. Mr. Camden testified regarding mitigation factors in this matter. The BLA noted some mitigation but noted that this liquor license had been held for less than a 12-month period. Member Mahoney moved, Friesen seconded, that the penalty for this violation should be 5 suspension days with 9 days held in abeyance. Motion approved 5:0. Member Friesen then moved, Califano seconded, that the 5 suspension days should be served from May 21 to May 25, 2018. Motion approved 5:0. 6. Show Cause hearing concerning a February 23, 2018 violation and whether the Beer & Wine type liquor license held by Corev LLC d/b/a PizzaRev, 1650 28th Street, Suite 1228, Boulder, CO 80302, should be suspended or revoked. Randy Chilton, Restaurant Owner, and Ruben Hooper, Restaurant Manager, were sworn in and provided testimony in this matter. As show cause hearing procedures had just been read by the Chair, Mr. Chilton waived the reading of those procedures. No conflicts of interest or ex-parte communications were disclosed by Authority members. Lucas Markley, PD Prosecutor, offered a stipulation to the facts in this matter. Member Friesen moved, Lundgren seconded, to accept the stipulation to the facts. Motion approved 5:0. Mr. Chilton provided training at the hearing, which was marked as Agenda 6, Exhibit 1, but the BLA noted that no mitigating evidence has been presented prior to the hearing. Member Califano moved, Friesen seconded, that the penalty for this violation should be 7 suspension days with 11 days held in abeyance. Motion approved 5:0. Member Lundgren then moved, Friesen seconded, that the 7 suspension days should be served from May 21 to May 27. Motion approved 5:0. BLA 5/16/18 Draft Minutes Page 4 of 11 7. Show Cause hearing concerning a March 2, 2018 violation and whether the Hotel- Restaurant type liquor license held by Bohemian Biergarten Inc d/b/a Bohemian Biergarten, 2017 13th Street, Boulder, CO 80302, should be suspended or revoked. Zdenek Srom, Location Owner, was sworn in and provided testimony in this matter. As show cause hearing procedures had just been read by the Chair, Mr. Srom waived the reading of those procedures. No conflicts of interest or ex-parte communications were disclosed by Authority members. Lucas Markley, PD Prosecutor, offered a stipulation to the facts in this matter. Member Friesen moved, Lundgren seconded, to accept the stipulation to the facts. Motion approved 5:0. Mr. Srom provided testimony about his evidence of mitigation that was submitted prior to the hearing. The Authority noted extensive mitigating evidence. Member Califano moved, Friesen seconded, that the penalty for this violation should be 2 suspension days with 12 days held in abeyance. Member Mahoney then moved, Friesen seconded, that the 2 suspension days should be served on May 21 and May 22, 2018. Motion approved 5:0. After the conclusion of agenda item 8, Mr. Srom again requested to address the Authority and this was granted. Mr. Srom requested that he be allowed to pay a fine in lieu of serving the 2 suspension days, but this request was not approved. 8. Show Cause hearing concerning an April 6, 2018 violation and whether the 3.2% Beer Off Premise type liquor license held by Rhymer Retail Inc & 7 Eleven Inc d/b/a 7-ELEVEN STORE 35069 A, 1091 13th Street, Boulder, CO 80302, should be suspended or revoked. Kevin Coates, Esq appeared as the licensee’s attorney. Tyson Shelley and Don Buck were both sworn in and provided testimony in this matter. Mr. Coates waived hearing procedure reading on behalf of his client. No conflicts of interest or ex-parte communications were disclosed by Authority members. Lucas Markley, PD Prosecutor, offered a stipulation to the facts in this matter and this signed stipulation was marked as Agenda Item 8, Exhibit 1. Member Friesen moved, Califano seconded, to accept the stipulation to the facts. Motion approved 5:0. Mr. Coates explained that for this liquor license a franchise termination agreement has been sent by 7-Eleven Inc, and so Mr. Coates requested that City Licensing be allowed to BLA 5/16/18 Draft Minutes Page 5 of 11 accept a transfer from the joint licensee to the corporation before any suspension days accessed were finally served, and the Authority consented to this request. Member Friesen moved, Califano seconded, that the penalty for this violation should be 20 suspension days served with 30 days held in abeyance. Motion approved 5:0. Member Friesen moved, Califano seconded, that the 20 suspended days should be served from May 21 to June 9, 2018. Motion approved 5:0. 9. Public hearing and consideration of a March 30, 2018 application from Smashburger Acqusition-Boulder, LLC d/b/a Smashburger, 1650 28th Street, Suite 1226, Boulder, CO 80302; Smashburger JB/JV LLC, Sole Owner, Thomas Ryan, CEO, Janice Branam, Beneficially, John M. Moore, Underlying Trustee, Beneficially, and Eric Castillo, Proposed Registered Manager; with a business mailing address of 3900 E Mexico Ave, Suite 1100, Denver, CO 80210, for a renewal of a Hotel-Restaurant type liquor license. Paul Burnam, new district manager, and Eric Castillo, new registered manager, were both sworn in and they confirmed premise posting for the required 10 day period. Chair Wallace read the hearing procedures. No conflicts of interest or ex-parte communications were disclosed by Authority members. The Authority discussed several notable issues with this licensed location, including, but not limited to, on-going training issues that have continued from 2017 which are still not fully resolved with no TIPs cards provided and a registered manager change which was not timely filed. When the BLA asked Messrs. Burnam and Castillo for the timeframe for these issues and how these matters would be resolved, they replied that they were new and did not know when these would be resolved. The Authority noted that the licensing coordinator who could address the completeness of the renewal application was not present at the hearing. No public comment was provided and no third parties requested interested party status. Member Friesen moved, Califano seconded, that this hotel-restaurant should not be renewed. License renewal application denied by the Authority by a 5:0 Motion. The Authority and Messrs. Burnam and Castillo discussed that, given that this license was not renewed that there was no liquor license for this location, and that should they wish to serve and sell alcohol in future that a new liquor license application would need to be submitted and approved. 10. Public hearing and consideration of an April 23 , 2018 application from Bartaco Pearl West, LLC d/b/a Bartaco, 1048 Pearl Street, Suite 101, Boulder, CO 80302; Bartaco Pearl West, LLC [BPW] as LLC Applicant, with Bar Taco LLC [BT] as Sole Member and Parent Company of BPW, Barteca Restaurants, LLC [BR] as Sole Member of BT, Barteca Holdings, BLA 5/16/18 Draft Minutes Page 6 of 11 LLC [BH] as Sole Member of BR; Carl A. Pforzheimer, CEO, Assistant Secretary, and over 10% Owner via a Trust that is an Indirect Owner in BPW, Sasa Mehr-Batuz, Creative Director and over 10% Owner in BPW via Indirect Interest, Jeffrey Carcara, President, Matthew Wilber, CFO and Secretary, and Michael Gleason, Registered Manager; with a business mailing address of 22 Elizabeth Street, Norwalk, CT 06854, for a renewal of a Hotel-Restaurant type liquor license. Michael Gleason, Location Registered Manager, was sworn in, provided testimony about this late filed renewal, and he confirmed the required 10 day hearing posting. As the renewal procedures had just been read, Mr. Gleason waived the reading of these. No conflicts of interest or ex-parte communications were disclosed by Authority members. Mr. Gleason provided testimony regarding the resolution of all items for this renewal. No public comment was provided and no third parties requested interested party status. Member Califano moved, Friesen seconded, to renew this hotel-restaurant liquor license. Motion approved 5:0. 11. Public hearing and consideration of a February 14, 2018 application from Neptune Outdoors LLC d/b/a Neptune Mountaineering, 633 S. Broadway, Unit A, Boulder, CO 80305; Andrew Dunbar, Member, and Shelley Dunbar, Member; with a business mailing address of 1901 Central Avenue, Boulder, CO 80301 for a new Beer and Wine type liquor license. Shelley Dunbar, Location Owner, and Max Scott, with Oedipus Petitioning, were both sworn in, provided testimony in this matter, and confirm the required 10 day hearing posting. Ms. Dunbar waived procedures reading. No conflicts of interest or ex-parte communications were disclosed by Authority members. Ms. Dunbar provided testimony about their café concept and the need for a liquor license. Mr. Scott provided testimony about his companies petition results. No public comment was provided and no third parties requested interested party status. Member Califano moved, Lundgren seconded, to approve this new Beer and Wine liquor license. Motion approved 5:0. 12. Public hearing and consideration of a March 8, 2018 application from Global Osaka’s Restaurants, LLC d/b/a Osaka's, 2460 Canyon Boulevard, Suite L-1, Boulder, CO 80302; Mari Tamura, Owner, and Koji Tamura, Proposed Registered Manager; with a business mailing address of 4951 Eagan Circle, Longmont, CO 80503 for a new Hotel-Restaurant type liquor license. Chris Carr, Esq. appeared as this applicant’s attorney. Koji Tamura and Mari Tamura, Location Owners, and Max Scott, with Oedipus Petitioning, were all sworn in, provided BLA 5/16/18 Draft Minutes Page 7 of 11 testimony about this license application, and they confirmed the premise posting for a 10 day period. Mr. Carr waived the reading of the procedures on behalf of his client. No conflicts of interest or ex-parte communications were disclosed by Authority members. Mr. and Mrs. Koji provided testimony about this plans for this new restaurant. Mr. Scott provided testimony about his companies petition results. A restaurant menu was provided which was marked as Agenda 12, Exhibit 1. No public comment was provided and no third parties requested interested party status. Member Friesen moved, Lundgren seconded, to approve this new Hotel-Restaurant liquor license. Motion approved 5:0. 13. Public hearing and consideration of a March 16, 2018 application from CSCP Boulder, LLC d/b/a Steak House No. 316, 1922 13th Street, Boulder, CO 80302; Samantha Cordts- Pearce, Owner and Proposed Registered Manager, and Craig Cordts-Pearce, Owner; with a business mailing address of 308 S. Galena Street, Aspen, CO 81611 for a new Hotel- Restaurant type liquor license. This hearing item proceeded out of agenda order, after agenda item 8, and before agenda item 9. Craig Cordts-Pearce and Samantha Cordts-Pearce, Location Owners, and Eva Garretson, with Liquor Licensing Pros Petitioning, were all sworn in, provided testimony about this license application, and they confirmed the premise posting for a 10 day period. Hearing procedures were read by the Chair for this matter. No conflicts of interest or ex- parte communications were disclosed by Authority members. Mr. and Mrs. Cordts-Pearce provided testimony about their experience with restaurant operations and about their new Boulder restaurant concept. It was discussed that any future modifications and use of the carriage house, would require both alcohol control and exclusive possession of the area. Ms. Garretson provided testimony about her company’s petition results. No public comment was provided and no third parties requested interested party status. Member Friesen moved, Lundgren seconded, to approve this new Hotel-Restaurant liquor license. Motion approved 5:0. 14. Public hearing and consideration of a March 19, 2018 application from Nobo Italian, LLC d/b/a Lunetta Italian, 2785 Iris Avenue, Boulder, CO 80304; Stephan Frye, Member, and Douglas Van Riper, Member and Proposed Registered Manager; with a business mailing address of 3435 Eastman Avenue, Boulder, CO 80305 for a transfer of a Hotel-Restaurant type liquor license. BLA 5/16/18 Draft Minutes Page 8 of 11 Stephan Frye and Douglas Van Riper, Proposed Location Owners, were both sworn in, provided testimony about this transfer application, and confirmed premise posting for the required 10 day period. Hearing procedures were read by the Chair. No conflicts of interest or ex-parte communications were disclosed by Authority members. Mr. Frye and Mr. Van Riper provided testimony about their concept plans if approved for this transfer, advising that the planned no permanent modifications as defined by rule, and also about their experience with other restaurants. No public comment was provided and no third parties requested interested party status. Member Califano moved, Mahoney seconded, to approve this Hotel-Restaurant liquor license transfer application. Motion approved 5:0. 15. Matters from the Assistant City Attorney It was discussed that because the State Liquor Code was being decodified into Title 44, city staff would need to go to city council for changes to the B.R.C. and to the BLA Rules. 16. Matters from the Licensing Clerk a. Neighborhood boundary setting for applications for June 20, 2018 BLA hearing i. Shine Community LLC d/b/a Shine Restaurant and Potion Bar, 2480 Canyon Boulevard, Unit M-1, Boulder, CO 80302 for a Permanent Modification of a Hotel-Restaurant type liquor License. Boundaries for this application were set as: North: Mapleton South: Marine Street East: 30th Street West: 20th Street Extended Chair Wallace moved, Friesen seconded, to set the neighborhood boundaries as listed above. Motion approved 5:0. ii. Café-in LLC d/b/a Le French Café, 2525 Arapahoe Avenue, Unit C-1, Boulder, CO 80302 for a New Beer and Wine type liquor license. Boundaries for this application were set as: North: Mapleton South: Marine Street East: 30th Street West: 20th Street Extended BLA 5/16/18 Draft Minutes Page 9 of 11 Member Friesen moved, Califano seconded, to set the neighborhood boundaries as listed above. Motion approved 5:0. iii. FC Arapahoe LLC d/b/a Flower Child, 2580 Arapahoe Avenue, Unit 110, Boulder, CO 30802 for a New Beer and Wine type liquor license. Boundaries for this application were set as: North: Pearl South: Marine Extended East: 30th Street West: 20th Street Chair Wallace moved, Friesen seconded, to set the neighborhood boundaries as listed above. Motion approved 5:0. iv. IE Bread LLC d/b/a Basta Bread, 3601 Arapahoe Avenue, Unit D-181, Boulder, CO 30803 for a New Hotel-Restaurant type liquor license. Boundaries for this application were set as: North: Pearl South: Colorado Avenue East: 55th Street West: 28th Street Chair Wallace moved, Friesen seconded, to set the neighborhood boundaries as listed above. Motion approved 5:0. v. Raglin Market Gunbarrel, LLC d/b/a, Raglin Market, 5378 Gunbarrel Center Court, Unit 2, Boulder, CO 30801 for a New Hotel-Restaurant type liquor license. Boundaries for this application were set as: North: City Limits South: Jay Road East: 75th Street West: 55th Street Chair Wallace moved, Friesen seconded, to set the neighborhood boundaries as listed above. Motion approved 5:0. b. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room BLA 5/16/18 Draft Minutes Page 10 of 11 There were no sales room applications that required Authority discussion. c. Informational items i. May Special Events and Temporary Modifications It was noted that this item was in the packet for review. ii. May Liquor License renewal mailing lists It was noted that this item was in the packet for review. Ms. Cook noted that expected to receive a license transfer for the old Walrus Saloon location soon. iii. Email – April 26, LED BULLETIN 18-06 - Recodification of Liquor & Tobacco Statutes It was noted that this item was in the packet for review. iv. Email – April 30, LED 2018 Liquor Rules Working Group Introduction Letter It was noted that this item was in the packet for review. v. Update-Licensing Office Move Ms. Cook noted for the Authority that City Licensing expected to change the hearing location for BLA hearings to the Brenton Building in June 2018. The Authority and Ms. Cook discussed possible dates for the BLA hearing retreat and it was requested that Ms. Cook find dates that would work, and then circulate to all. 17. Matters from the Chair and Members of the Authority An email exchange between Oedipus Petitioning and City Licensing was included here. Agenda items for the BLA retreat were briefly discussed. ADJOURNMENT Member Califano moved, Friesen seconded, that this hearing should be adjourned and thus the hearing was adjourned at 6:46 PM. Motion to adjourn approved 5:0. TIME AND LOCATION OF FUTURE MEETINGS, COMMITTEES OR HEARINGS: Authority Hearing occur on the 3rd Wednesday of every Month at 3PM in City Council Chambers for 2018, except that the Hearing location will be changed to the Brenton Building at 1136 Alpine Avenue, after the building conference room is completed. BLA 5/16/18 Draft Minutes Page 11 of 11 ____________________________________________________________________________ Attested: Approved: _________________________________ ___________________________________ Mishawn J. Cook, Licensing Manager Chair of Beverage Licensing Authority BLA 6/20/18 DRAFT Minutes Page 1 of 11 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * * HEARING MINUTES * * * JUNE 20, 2018, 3:00 P.M. 1st FLOOR CONFERENCE ROOM BRENTON BUILDING 1777 BROADWAY, BOULDER, COLORADO NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: June 20, 2018 NAME & PHONE OF PERSON Mishawn Cook, Licensing Manager (303-441-3010) PREPARING SUMMARY: Beata Mazurkiewicz, Licensing Specialist (303-441-3091) Jon Yslas, Administrative Specialist (303-441-1934) NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Alyssa Lundgren, Kevin Mahoney, Michael Friesen, and Matthew Califano Staff Present: Debra Kalish, Senior Counsel, Mishawn Cook, Licensing Manager, Beata Mazurkiewicz, Licensing Specialist 1. Agenda Item: i. Member roll call A quorum of 4 members were present, and with Chair Steven Wallace absent. ii. Approval of Beverage Licensing Authority (BLA) minutes from the May 16th hearing The minutes from the May 16th hearing will be available for the July 18th hearing. iii. Hearing agenda issues from licensing clerk. There may be some changes to the order of agenda items due to new processes as the hearings are in a new location. 2. Matters from the Boulder Police Department (BPD). Officer Dan Bergh appeared on behalf of BPD. Officer Bergh noted fraudulent identification card processing issues. Vice Chairman Califano inquired about Memorial Day and Officer Bergh replied that it was busy, but uneventful. Member Mahoney BLA 6/20/18 DRAFT Minutes Page 2 of 11 questioned the status of businesses turning in fraudulent identification cards in a timely manner. Officer Bergh replied that he has records of every business that has turned in fraudulent identification cards. 3. Matters from the Responsible Hospitality Group (RHG). Ms. Cook noted that a representative from RHG would not be present. Exhibit 1 – Email was presented. 4. Fate Restaurants, LLC d/b/a Fate Ale House & Brewing Company, 1600 38th Street, Suite 100, Boulder, CO 80301-Monthly status renewal report to the BLA. This item was heard after Item 8 based on direction of the Authority as the licensee was not present at the time this item was called. Member Lundgren recused herself for the portion of the hearing. Michael Lawinski, Owner, appeared for the licensee and was sworn in. Mr. Lawinski provided a copy of their most recent tax return which was marked as Agenda Item 4, Exhibit 1. The Authority accepted the submission from the licensee. Member Lundgren rejoined the hearing. 5. Show Cause hearing concerning a February 2, 2018 violation and whether the Beer and Wine type liquor license held by Zoe’s Colorado, LLC d/b/a Zoe's Kitchen, 1695 29th Street, Suite 1248, Boulder, CO 80301, should be suspended or revoked. Josh Abromovitz, Esq. appeared as licensee’s attorney representing Zoe’s Kitchen. Mr. Abromovitz waived the reading of hearing procedures. No ex-parte communications or conflicts of interest were disclosed by Authority members. Lucas Markley, City Prosecutor, noted for the Authority that a stipulation to the facts had previously been reached in this matter. Member Lundgren moved, Friesen seconded, to accept the stipulation. Motion approved 4:0. Mitigating factors were noted by the Authority. Mr. Abromovitz provided testimony and supporting statements regarding the violation. The Authority was concerned that no one from the business was present for the hearing besides the licensee’s attorney as well as the lack of information presented. BLA 6/20/18 DRAFT Minutes Page 3 of 11 Member Friesen moved, Lundgren seconded, to set this violation penalty at 17 days suspension with 7 suspension days served and 10 days held in abeyance. Motion approved 4:0 Member Califano moved, Friesen seconded, to set the 7 days to be served to begin on June 25th, 2018. Motion approved 4:0. 6. Show Cause hearing concerning a February 23, 2018 violation and whether the Hotel- Restaurant type liquor license held by CRO Development III, LP d/b/a Cantina Laredo, 1680 29th Street, Boulder, CO 80301, should be suspended or revoked. This item was heard after Item 3 based on direction of the Authority as the previous licensees were not present at the time their item was called. Jon Stonebreaker, Esq. appeared as licensee’s attorney representing Cantina Laredo. Mr. Stonebreaker waived the reading of hearing procedures. No ex-parte communications or conflicts of interest were disclosed by Authority members. Lucas Markley, City Prosecutor, noted for the Authority that a stipulation to the facts had previously been reached in this matter. Member Friesen moved, Lundgren seconded, to accept the stipulation. Motion approved 4:0. Member Califano moved, Mahoney seconded, to accept the surrender of license as the restaurant has closed and no further business in the state of Colorado is expected. Motion approved 4:0 7. Show Cause hearing concerning a March 2, 2018 violation and whether the Brew Pub type liquor license held by Boulder Beer Inc d/b/a Boulder Beer Company, 2880 Wilderness Pl., Boulder, CO 80301, should be suspended or revoked. This item was heard after Item 5 based on direction of the Authority as the licensee was not present at the time this item was called. Jeff Brown appeared for the licensee and were sworn in for this matter. Vice Chair Califano read the BLA procedures. No ex-parte communications or conflicts of interest were disclosed by Authority members. Lucas Markley, City Prosecutor, noted for the Authority that a stipulation to the facts had previously been reached in this matter. Member Lundgren moved, Mahoney seconded, to accept the stipulation. Motion approved 4:0. BLA 6/20/18 DRAFT Minutes Page 4 of 11 Mitigating factors were noted by the Authority. Mr. Brown provided testimony and supporting statements regarding the violation. The Authority questioned the lack of information in the employee handbook. Mr. Brown brought a full copy of the handbook and provided it to the Authority as Item 7-Exhibit 1. Member Califano moved, Lundgren seconded, to set this violation penalty at 14 days’ suspension with 3 suspension days served and 11 days held in abeyance. Motion approved 4:0 Member Friesen moved, Califano seconded, to set the 3 days to be served to begin on June 23, 2018. Motion approved 4:0. 8. Show Cause hearing concerning a March 3, 2018 violation and whether the 3.2% Beer on Premise type liquor license held by Lucky’s Market Operating Company, LLC d/b/a Lucky's Market, 695 S. Broadway, Boulder, CO 80305, should be suspended or revoked. This item was heard after Item 6 based on direction of the Authority as the previous licensees were not present at the time their item was called. Brian Proffitt, Esq. appeared as licensee’s attorney. Rick Kramer, Store Director, and Mike Rogers, Regional Director of Operations, appeared for the licensee and were sworn in for this matter. Mr. Proffitt waived the reading of hearing procedures. No ex-parte communications or conflicts of interest were disclosed by Authority members. Lucas Markley, City Prosecutor, noted for the Authority that a stipulation to the facts had previously been reached in this matter. Member Mahoney moved, Lundgren seconded, to accept the stipulation. Motion approved 4:0. Mitigating factors were noted by the Authority. Mr. Proffitt and the licensee representatives provided testimony and supporting statements regarding the violation. Member Mahoney moved, Califano seconded, to set this violation penalty at 14 days’ suspension with 3 suspension days served and 11 days held in abeyance. Motion approved 4:0 Member Califano moved, Friesen seconded, to set the 3 days to be served to begin on June 25, 2018. Motion approved 4:0. BLA 6/20/18 DRAFT Minutes Page 5 of 11 9. Show Cause hearing concerning a March 30, 2018 violation and whether the Hotel- Restaurant type liquor license held by Lone Tree Restaurants, LLC d/b/a Bacco Trattoria & Mozzarella Bar, 1200 Yarmouth Ave, Suite A, Boulder, CO 80304, should be suspended or revoked. This item was heard after Item 7 based on direction of the Authority as the previous licensees were not present at the time their item was called. Elodie Lisle, Registered Manager appeared for the licensee and was sworn in for this matter. Ms. Lisle waived the reading of hearing procedures. No ex-parte communications or conflicts of interest were disclosed by Authority members. Lucas Markley, City Prosecutor, noted for the Authority that a stipulation to the facts had previously been reached in this matter. Member Lundgren moved, Friesen seconded, to accept the stipulation. Motion approved 4:0. Mitigating factors were noted by the Authority. Ms. Lisle provided testimony and supporting statements regarding the violation. Ms. Lisle provided employee’s resume as Item 9-Exhibit 2 and current alcohol sales report as Item 9-Exhibit 3. Member Mahoney moved, Lundgren seconded, to set this violation penalty at 14 days’ suspension with 5 suspension days served and 9 days held in abeyance. Motion approved 4:0 Member Lundgren moved, Friesen seconded, to set the 5 days to be served to begin on June 25, 2018. Motion approved 4:0. 10. Show Cause hearing concerning a March 30, 2018 violation and whether the Hotel- Restaurant type liquor license held by Qdoba Restaurant Corporation d/b/a Qdoba Mexican Eats, 1625 28th Street, Boulder, CO 80301, should be suspended or revoked. Ethan Jacobs and William Grecco, appeared for the licensee and were sworn in for this matter. Vice Chair Califano read the BLA hearing procedures. No ex-parte communications or conflicts of interest were disclosed by Authority members. Lucas Markley, City Prosecutor, noted for the Authority that a stipulation to the facts had previously been reached in this matter. Member Friesen moved, Lundgren seconded, to accept the stipulation. Motion approved 4:0. BLA 6/20/18 DRAFT Minutes Page 6 of 11 Mitigating factors were noted by the Authority. The licensee representatives provided testimony and supporting statements regarding the violation as well as provided a copy of the employee handbook with documents to the Authority as Item 10-Exhibit1. Member Mahoney moved, Califano seconded, to set this violation penalty at 14 days’ suspension with 7 suspension days served and 7 days held in abeyance. Motion approved 4:0 Member Friesen moved, Mahoney seconded, to set the 7 days to be served to begin on June 25, 2018. Motion approved 4:0. 11. Public hearing and consideration of an April 10, 2018 application from Shine Community LLC d/b/a Shine Restaurant and Potion Bar, 2480 Canyon Boulevard, Unit M-1, Boulder, CO 80302; Jessica Emich, Managing Member, Owner, and Registered Manager, Jill Emich, Managing Member and Owner, and Jennifer Emich, Managing Member and Owner; with a premise business mailing address for a Permanent Modification of a Hotel- Restaurant type liquor license. Jill Emich and Jennifer Emich as representatives of the licensee, and Tina Scott of Oedipus Inc. Petitioning Service were sworn in for this matter. Vice Chair Califano read the BLA hearing procedures. No ex-parte communications or conflicts of interest were disclosed by Authority members. No third parties requested interested party status and no public comments were received. Ms. Emich provided information to explain the modification which is to expand liquor consumption to a larger patio. Ms. Cook provided a larger diagram for review. Member Mahoney moved, Friesen seconded, to approve the permanent modification. Motion approved 4:0. 12. Public hearing and consideration of an April 16, 2018 application from Cafe-In LLC d/b/a Le French Café, 2525 Arapahoe Avenue, Unit C1, Boulder, CO 80302; Quentin Garrigou, Member and Manager; with a premise business mailing address for a new Beer and Wine type liquor license. Mike Laszlo, attorney for Applicant, Quentin Garrigou, Registered Manager, and Eva Garretson, with Liquor Pros were present and sworn in for this matter. Reading of the hearing procedures were waived by Mr. Laszlo. No ex-parte communications or conflicts of interest were disclosed by Authority members. No third parties requested interested party status and no public comments were received. BLA 6/20/18 DRAFT Minutes Page 7 of 11 Mr. Garrigou and Ms. Garretson provided testimony regarding this new Beer and Wine type liquor license application. Member Lundgren moved, Friesen seconded, to approve this application for a new Beer and Wine type liquor license. Motion approved 4:0. 13. Public hearing and consideration of an April 16, 2018 application from FC Arapahoe LLC d/b/a Flower Child, 2580 Arapahoe Avenue, Unit 110, Boulder, CO 80302; Sam Fox, Member and Manager; with a business mailing address of 4455 Camelback Road, Suite B100, Phoenix, AZ, 85018 for a new Beer and Wine type liquor license. Brian Proffitt, attorney for Applicant, Kyle Underwood, Director of Development, and Tina Scott of Oedipus Inc. Petitioning Service were sworn in for this matter. Reading of the hearing procedures were waived by Mr. Proffitt. No ex-parte communications or conflicts of interest were disclosed by Authority members. No third parties requested interested party status and no public comments were received. Mr. Underwood provided testimony regarding this new Beer and Wine type liquor license application. Member Mahoney was concerned with the ownership of the company as Cheesecake Factory holds a 32% stake in the company and no disclosure or documentation from said company was included. A motion for a recess to research Cheesecake Factory’s liquor license file failed to move without a second to approve. Mrs. Scott provided testimony regarding the neighborhood petition results. Member Friesen moved, Califano seconded, to approve this application for a new Beer and Wine type liquor license. Motion approved 4:0. 14. Public hearing and consideration of an April 16, 2018 application from IE Bread LLC d/b/a Basta Bread, 3601 Arapahoe Avenue, Unit D-181, Boulder, CO 30803; Alan Henkin, Owner, Matthew Husted, Owner, Erika Whitaker, Owner and Proposed Registered Manager, and Richard Kelly Whitaker, Owner; with a premise business mailing address for a new Hotel-Restaurant type liquor license. Mike Wussow, attorney for Applicant, Erika Whitaker, Owner and Proposed Registered Manager, Matthew Husted, Owner, and Tina Scott of Oedipus Inc. Petitioning Service were sworn in for this matter. BLA 6/20/18 DRAFT Minutes Page 8 of 11 Reading of the hearing procedures were waived by Mr. Wussow. No ex-parte communications or conflicts of interest were disclosed by Authority members. No third parties requested interested party status and no public comments were received. Mrs. Scott provided testimony regarding the neighborhood petition results. Ms. Whitaker provided testimony regarding this new Hotel-Restaurant type liquor license application. Member Mahoney was concerned with the closing time of the business and it was confirmed that the closing time is 11:00 pm. An updated map was presented that shows a smaller patio as zoning denied the original design. Member Friesen moved, Lundgren seconded, to approve this application for a new Hotel- Restaurant type liquor license. Motion approved 4:0. 15. Public hearing and consideration of an April 16, 2018 application from Raglin Market Gunbarrel, LLC d/b/a Raglin Market, 5378 Gunbarrel Center Court, Unit 2, Boulder, CO 30801; Matthew Jansen, Owner, and Kevin Hartmann, Director of Operations and Proposed Registered Manager; with a premise business mailing address for a new Hotel- Restaurant type liquor license. Ms. Cook presented Item 15-Exhibit 1 which included a menu, policy, background check explanation from Mr. Hartmann, and the vision and mission statement. Lauren Roberts, attorney for Applicant, Matthew Jansen, Owner, Kevin Hartmann, Director of Operations and Proposed Registered Manager, and Tina Scott of Oedipus Inc. Petitioning Service were sworn in for this matter. Reading of the hearing procedures were waived by Ms. Roberts. No ex-parte communications or conflicts of interest were disclosed by Authority members. No third parties requested interested party status and no public comments were received. Mrs. Scott provided testimony regarding the neighborhood petition results. Mr. Jansen and Mr. Hartmann provided testimony regarding this new Hotel-Restaurant type liquor license application. Member Lundgren moved, Mahoney seconded, to approve this application for a new Hotel-Restaurant type liquor license. Motion approved 4:0. BLA 6/20/18 DRAFT Minutes Page 9 of 11 16. Public hearing and consideration of a May 15, 2018 application from 1911 11th St. LLC d/b/a 1911 11th St., f/k/a The Original Walrus Saloon, 1911 11th Street, Boulder, CO 80302; Scott Littlefield, Manager; with a business mailing address of c/o Boom Properties, 840 Pearl Street, Unit 3, Boulder, CO 80302, for a transfer of a Tavern type liquor license. Jorden Bunch, attorney for Applicant and Scott Littlefield, Manager, were sworn in for this matter. Reading of the hearing procedures were waived by Ms. Bunch. No ex-parte communications or conflicts of interest were disclosed by Authority members. No third parties requested interested party status and no public comments were received. Mr. Littlefield provided testimony regarding this transfer of a Tavern type liquor license. Member Friesen moved, Califano seconded, to approve this transfer of a Tavern type liquor license. Motion approved 4:0. 17. Matters from the Assistant City Attorney Items will be discussed during the upcoming BLA retreat. 18. Matters from the Licensing Clerk a. Neighborhood boundary setting for applications for July 18, 2018 BLA hearing i. Boardgames, Beer and Bites, LLC d/b/a Boardgames, Beer and Bites, 2027 Broadway, Boulder, CO 80302 for a new Beer and Wine type liquor license. Boundaries for this application were set as: North: Alpine Avenue South: University Avenue East: 20th Street Extended West: City Limits Member Califano 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 i. Savannah Bee Company Retail, LLC d/b/a Savannah Bee Company – New BLA 6/20/18 DRAFT Minutes Page 10 of 11 Permanent Sales Room application for 1222 Pearl Street, Suite B, Boulder, CO 80302 John Stonebreaker, attorney for Applicant and Katie Carlier, District Manager, were sworn in and provided testimony for this matter. c. Informational items i. June Special Events and Temporary Modifications It was noted that this item was in the packet for review. ii. June Liquor License renewal mailing lists It was noted that this item was in the packet for review. iii. LED Email- May 14, 2018 – 2018 Liquor Rules Working Group Application Deadline and Introduction Letter It was noted that this item was in the packet for review. iv. LED Email- June 1, 2018 – Trade Practice & Delivery Permits Sub-Group Meetings It was noted that this item was in the packet for review. v. Email from Mishawn Cook to Members regarding Retreat date planning and Retreat Agenda for BLA Retreat on Thursday June 21, 2018 from 12:30 PM to 3:00 PM at the Brenton Building, 1st floor conference room, 1136 Alpine Avenue, Boulder, CO 80304 It was noted that this item was in the packet for review. vi. CML Summary, SB 18-243 bill, and bill passage It was noted that this item was in the packet for review. 19. Matters from the Chair and Members of the Authority No matters were discussed. ADJOURNMENT Member Califano moved, Friesen seconded, that this hearing should be adjourned and thus the hearing was adjourned at 7:32 PM. Motion to adjourn approved 4:0. BLA 6/20/18 DRAFT Minutes Page 11 of 11 TIME AND LOCATION OF FUTURE MEETINGS, COMMITTEES OR HEARINGS: Authority Hearings occur on the 3rd Wednesday of every Month at 3PM in The Brenton Building- Conference Room 107, First Floor, 1136 Alpine Avenue unless otherwise stated in Public Notices published by the Licensing Manager and Secretary to the Beverage Licensing Authority. ______________________________________________________________________________ Attested: Approved: _________________________________ ___________________________________ Mishawn J. Cook, Licensing Manager Chair of Beverage Licensing Authority And Secretary to the Beverage Licensing Authority Boulder Police Department Report Generated: 7/12/2018 10:31:56 AM UserID: BERGD1 1 Case #Offense Date Rept Streetnbr Street Hour Rept Hour Occu Dow1 1806697 TRESPASS FIRST DEGREE-DWELLING 06/01/2018 1065 UNIVERSITY AVE 0916 0300 FR 1806699 CRIMINAL MISCHIEF LESS THAN $300 06/01/2018 3485 STANFORD CT 0927 1800 TH 1806716 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/01/2018 1200 COLLEGE AVE 1616 1615 FR 1806762 TRESPASSING OF PUBLIC PROPERTY 06/03/2018 12TH ST/EUCLID AVE 0046 2344 SA 1806765 VIOLATION OF A PROTECTION ORDER 06/03/2018 BROADWAY/CANYON BLVD 0239 0204 SU 1806771 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/03/2018 1480 CANYON BLVD 0935 0935 SU 1806773 DETOX HOLD 06/03/2018 13TH ST/PEARL ST 0145 0145 SU 1806783 DETOX HOLD 06/03/2018 685 30TH ST 1730 1730 SU 1806819 DETOX HOLD 06/04/2018 BROADWAY/QUINCE AVE 1849 1849 MO 1806828DETOX HOLD06/04/201830TH ST/MAPLETON AVE22172217MO 2 Case #Offense Date Rept Streetnbr Street Hour Rept Hour Occu Dow1 1806828 DETOX HOLD 06/04/2018 30TH ST/MAPLETON AVE 2217 2217 MO 1806829 DETOX HOLD 06/04/2018 4550 BROADWAY 2200 2200 MO 1806832 DETOX HOLD 06/05/2018 BROADWAY/ARAPAHOE AVE 0300 0300 TU 1806834 DETOX HOLD 06/05/2018 FOOTHILLS PKWY/BASELINE RD0404 0404 TU 1806835 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/05/2018 1735 15TH ST 0600 0600 TU 1806867 DETOX HOLD 06/05/2018 1575 30TH ST 2037 2037 TU 1806885 DETOX HOLD 06/06/2018 1419 PINE ST 1300 1300 WE 1806897 DETOX HOLD 06/06/2018 1400 WALNUT ST 1545 1545 WE 1806909 DETOX HOLD 06/06/2018 2600 BASELINE RD 1938 1938 WE 1806912 DETOX HOLD 06/06/2018 3325 28TH ST 2212 2212 WE 1806913DETOX HOLD06/06/2018885ORMAN DR22442244WE 3 Case #Offense Date Rept Streetnbr Street Hour Rept Hour Occu Dow1 1806913 DETOX HOLD 06/06/2018 885 ORMAN DR 2244 2244 WE 1806918 POSSESSION / SALE OF ALCOHOL BY MINOR 06/07/2018 2915 BASELINE RD 0253 0253 TH 1806933 DETOX HOLD 06/07/2018 13TH ST/COLLEGE AVE 1245 1245 TH 1806935 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/06/2018 2700 TAFT DR 1145 1145 WE 1806952 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/07/2018 28TH ST/WALNUT ST 1552 1552 TH 1806956 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/07/2018 BROADWAY/MAXWELL AVE 1612 1612 TH 1806960 MENTAL HOLD 06/07/2018 4869 BROADWAY 1730 1730 TH 1806970 POSSESS/CONSUME/SELL MARIJUANA BY MINOR 06/07/2018 1575 30TH ST 1920 1920 TH 1806972 POSSESSION / SALE OF ALCOHOL BY MINOR 06/07/2018 1575 30TH ST 1945 1945 TH 1806975 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/07/2018 1236 CANYON BLVD 2005 2005 TH 1806977POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC06/07/201813TH ST/CANYON BLVD20302030TH 4 Case #Offense Date Rept Streetnbr Street Hour Rept Hour Occu Dow1 1806977 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/07/2018 13TH ST/CANYON BLVD 2030 2030 TH 1806980 POSSESSION / SALE OF ALCOHOL BY MINOR 06/07/2018 291 ARAPAHOE AVE 2050 2050 TH 1806982 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/07/2018 29TH ST/ARAPAHOE AVE 2100 2100 TH 1806995 DETOX HOLD 06/08/2018 646 PEARL ST 0113 1807000 DUI-ALCOHOL 06/08/2018 FOLSOM ST/ARAPAHOE AVE 0256 0208 FR 1807001 DETOX HOLD 06/08/2018 3060 PEARL PKWY 2346 2346 FR 1807011 DETOX HOLD 06/08/2018 1853 26TH ST 0430 0430 FR 1807035 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/08/2018 BROADWAY/CANYON BLVD 1910 1910 FR 1807042 DETOX HOLD 06/08/2018 BROADWAY/BASELINE RD 2200 2200 FR 1807045 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/08/2018 2798 ARAPAHOE AVE 2350 2350 FR 1807049DUI-ALCOHOL06/09/20182700MOORHEAD AVE02410130SA 5 Case #Offense Date Rept Streetnbr Street Hour Rept Hour Occu Dow1 1807049 DUI-ALCOHOL 06/09/2018 2700 MOORHEAD AVE 0241 0130 SA 1807052 DETOX HOLD 06/09/2018 940 15TH ST 0200 0200 SA 1807053 DETOX HOLD 06/08/2018 1770 21ST ST 2000 2000 FR 1807089 DETOX HOLD 06/09/2018 770 28TH ST 1923 1923 SA 1807090 NUISANCE PARTY PROHIBITED 06/09/2018 29TH ST/LASHLEY LN 2036 2035 SA 1807097 POSSESSION / SALE OF ALCOHOL BY MINOR 06/10/2018 905 CHERRY AVE 0132 0132 SU 1807159 CRIMINAL VIOLATION OF A PROTECTION ORDER 06/11/2018 MANHATTAN DR/ILLINI WAY 1535 1534 MO 1807175 FALSE IMPRISONMENT 06/12/2018 4747 TABLE MESA DR 0015 0000 MO 1807179 INCIDENT -NO CRIME 06/12/2018 2985 E AURORA AVE 0107 0106 TU 1807180 DETOX HOLD 06/12/2018 4747 ARAPAHOE AVE 0330 0330 TU 1807187POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC06/12/2018170014TH ST08300830TU 6 Case #Offense Date Rept Streetnbr Street Hour Rept Hour Occu Dow1 1807187 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/12/2018 1700 14TH ST 0830 0830 TU 1807217 THEFT $50 -<$300 06/12/2018 1408 PEARL ST 1600 1600 TU 1807227 DETOX HOLD 06/12/2018 15TH ST/ARAPAHOE AVE 2237 2237 TU 1807232 DETOX HOLD 06/12/2018 1346 PEARL ST 2315 2315 TU 1807256 DETOX HOLD 06/13/2018 1175 LEE HILL DR 1525 1525 WE 1807278 FRAUDULENT IDENTIFICATION PROHIBITED 06/14/2018 1955 28TH ST 0852 2332 TU 1807292 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/14/2018 1700 15TH ST 1310 1310 TH 1807308 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/14/2018 1851 22ND ST 1738 1737 TH 1807309 DUI-ALCOHOL 06/14/2018 1025 ROSEWOOD AVE 1755 1736 TH 1807311 WEAPONS-PROHIBITED USE-POSSESSION WHILE INTOXICATED 06/14/2018 3185 28TH ST 2107 2106 TH 1807313POSSESSION / SALE OF ALCOHOL BY MINOR06/14/2018157530TH ST19001900TH 7 Case #Offense Date Rept Streetnbr Street Hour Rept Hour Occu Dow1 1807313 POSSESSION / SALE OF ALCOHOL BY MINOR 06/14/2018 1575 30TH ST 1900 1900 TH 1807317 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/14/2018 1575 30TH ST 1955 1935 TH 1807319 POSSESSION / SALE OF ALCOHOL BY MINOR 06/14/2018 FOOTHILLS PKWY/COLORADO AVE2025 2025 TH 1807320 DETOX HOLD 06/14/2018 TABLE MESA DR/S 44TH ST 2036 2036 TH 1807321 POSSESSION / SALE OF ALCOHOL BY MINOR 06/14/2018 FOOTHILLS PKWY/COLORADO AVE2050 2050 TH 1807334 TRESPASSING 06/15/2018 BROADWAY/CANYON BLVD 0155 0155 FR 1807335 DUI-ALCOHOL 06/15/2018 BROADWAY/WALNUT ST 0304 0218 FR 1807336 VIOLATION OF A PROTECTION ORDER 06/15/2018 880 W MOORHEAD CIR 0416 0416 FR 1807346 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/12/2018 TABLE MESA DR/S BROADWAY1647 1647 TU 1807354 DETOX HOLD 06/15/2018 4500 19TH ST 0900 0900 FR 1807364DETOX HOLD06/15/20181301WALNUT ST14231423FR 8 Case #Offense Date Rept Streetnbr Street Hour Rept Hour Occu Dow1 1807364 DETOX HOLD 06/15/2018 1301 WALNUT ST 1423 1423 FR 1807378 SOLD/GAVE/PROCURED ALCOHOL FOR MINOR 06/15/2018 5706 ARAPAHOE AVE 1908 1905 FR 1807385 SOLD/GAVE/PROCURED ALCOHOL FOR MINOR 06/15/2018 2328 PEARL ST 2109 2100 FR 1807387 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/15/2018 ARAPAHOE AVE/30TH ST 1605 1605 FR 1807392 DETOX HOLD 06/15/2018 BROADWAY/ARAPAHOE AVE 2315 2315 FR 1807396 DETOX HOLD 06/16/2018 10TH ST/MARINE ST 0033 0033 SA 1807397 NUISANCE PARTY PROHIBITED 06/16/2018 782 18TH ST 0155 0100 SA 1807402 DETOX HOLD 06/16/2018 2236 MAPLETON AVE 0433 0433 SA 1807416 DETOX HOLD 06/16/2018 29TH ST/CANYON BLVD 1228 1228 SA 1807437 DETOX HOLD 06/17/2018 900 BASELINE RD 0427 0427 SU 1807465DETOX HOLD06/17/2018FOLSOM ST/PEARL ST17001700SU 9 Case #Offense Date Rept Streetnbr Street Hour Rept Hour Occu Dow1 1807465 DETOX HOLD 06/17/2018 FOLSOM ST/PEARL ST 1700 1700 SU 1807466 OBSTRUCTING POLICE OFFICER OR FIREFI 06/17/2018 2620 BASELINE RD 1955 1954 SU 1807468 DETOX HOLD 06/17/2018 2920 BASELINE RD 2108 2108 SU 1807470 DUI-ALCOHOL 06/18/2018 15TH ST/SPRUCE ST 0152 0132 MO 1807471 ABUSE OF TELEPHONE OR TELEGRAPH SERVICE 06/18/2018 1430 BROWN CIR 0447 0122 MO 1807498 DETOX HOLD 06/18/2018 BROADWAY/ROSEWOOD AVE 1707 1707 MO 1807500 MENACING VERBALLY REPRESENTING WEAPON 06/18/2018 2711 MAPLETON AVE 1959 1908 MO 1807506 UNLAWFUL CONDUCT ON PUBLIC PROPERTY 06/12/2018 3180 AIRPORT RD 0126 0126 TU 1807510 DETOX HOLD 06/18/2018 11TH ST/UNIVERSITY AVE 1140 1140 MO 1807513 DETOX HOLD 06/19/2018 30TH ST/ARAPAHOE AVE 0011 0011 TU 1807514DUI-ALCOHOL06/19/201811TH ST/EUCLID AVE02070150TU 10 Case #Offense Date Rept Streetnbr Street Hour Rept Hour Occu Dow1 1807514 DUI-ALCOHOL 06/19/2018 11TH ST/EUCLID AVE 0207 0150 TU 1807519 DETOX HOLD 06/19/2018 1650 30TH ST 0837 0837 TU 1807532 DETOX HOLD 06/19/2018 2905 PEARL ST 1230 1230 TU 1807535 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/19/2018 1236 CANYON BLVD 1415 1415 TU 1807561 DETOX HOLD 06/19/2018 2875 28TH ST 2225 2225 TU 1807566 DETOX HOLD 06/20/2018 27TH WAY/BASELINE RD 0630 0630 WE 1807584 DETOX HOLD 06/20/2018 19TH ST/ARAPAHOE AVE 1256 1256 WE 1807602 DETOX HOLD 06/20/2018 1321 ARAPAHOE AVE 1934 1934 WE 1807607 DETOX HOLD 06/20/2018 LARAMIE BLVD / BROADWAY 2330 2330 WE 1807612 DUI/DWAI 3RD AND SUBSEQUENT OFFENSES 06/21/2018 47TH ST/VALMONT RD 0122 0101 TH 1807613DETOX HOLD06/21/2018ONEAL CIR/ONEAL PKWY02050205TH 11 Case #Offense Date Rept Streetnbr Street Hour Rept Hour Occu Dow1 1807613 DETOX HOLD 06/21/2018 ONEAL CIR/ONEAL PKWY 0205 0205 TH 1807615 SEXUAL ASSAULT-CAUSES SUBMISSION-RAPE 06/21/2018 4730 TABLE MESA DR 0234 2200 WE 1807617 DETOX HOLD 06/21/2018 1400 WALNUT ST 0150 0150 TH 1807657 MENTAL HOLD 06/21/2018 3180 AIRPORT RD 1700 1700 TH 1807662 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/21/2018 1875 28TH ST 1954 1954 TH 1807664 RESISTING ARREST 06/21/2018 11TH ST/GRANDVIEW AVE 2248 2247 TH 1807672 URINATING IN PUBLIC 06/22/2018 1400 WALNUT ST 0245 0245 FR 1807673 DETOX HOLD 06/22/2018 908 PEARL ST 0015 0015 FR 1807674 DETOX HOLD 06/22/2018 1108 PEARL ST 0150 0150 FR 1807693 DETOX HOLD 06/22/2018 29TH ST/CANYON BLVD 1221 1221 FR 1807722ASSAULT-THIRD DEGREE06/22/20183485HAYDEN PL23572258FR 12 Case #Offense Date Rept Streetnbr Street Hour Rept Hour Occu Dow1 1807722 ASSAULT-THIRD DEGREE 06/22/2018 3485 HAYDEN PL 2357 2258 FR 1807727 DUI-ALCOHOL 06/23/2018 PENNSYLVANIA AVE/13TH ST 0107 0027 SA 1807733 WEAPONS-PROHIBITED USE-POSSESSION WHILE INTOXICATED 06/23/2018 5000 PEARL PKWY 0318 0223 SA 1807754 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/23/2018 2201 PEARL ST 1730 1730 SA 1807757 NUISANCE PARTY PROHIBITED 06/23/2018 1531 BROADWAY 2010 2010 SA 1807766 DETOX HOLD 06/23/2018 28TH ST/IRIS AVE 1904 1904 SA 1807789 INCIDENT -NO CRIME 06/24/2018 1830 IRIS AVE 1859 1858 SU 1807815 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/25/2018 1777 BROADWAY 1325 1325 MO 1807817 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/25/2018 1777 BROADWAY 1420 1420 MO 1807834 FTC-FAILURE TO COMPLY 06/25/2018 291 ARAPAHOE AVE 2144 2041 MO 1807836ASSAULT IN THE 3RD DEGREE06/25/201888817TH ST21141800FR 13 Case #Offense Date Rept Streetnbr Street Hour Rept Hour Occu Dow1 1807836 ASSAULT IN THE 3RD DEGREE 06/25/2018 888 17TH ST 2114 1800 FR 1807858 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/26/2018 2400 BASELINE RD 1250 1250 TU 1807879 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/26/2018 2700 IRIS AVE 1735 1735 TU 1807915 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/27/2018 ARAPAHOE AVE/CONESTOGA ST1630 1630 WE 1807919 VIOLATION OF A PROTECTION ORDER 06/27/2018 3033 ARAPAHOE AVE 1858 1712 WE 1807926 HARASSMENT-OBSCENE LANGUAGE OR GESTURE 06/27/2018 1300 PEARL ST 2146 2146 WE 1807931 ASSAULT-THIRD DEGREE 06/28/2018 3100 PEARL PKWY 0133 2300 WE 1807970 SOLD/GAVE/PROCURED ALCOHOL FOR MINOR 06/28/2018 1690 28TH ST 2030 2030 TH 1807979 UNREASONABLE NOISE -11 PM TO 7 AM 06/29/2018 13TH ST/COLLEGE AVE 0223 0223 FR 1807985 VIOLATION OF A PROTECTION ORDER 06/29/2018 2525 ARAPAHOE AVE 0729 0728 FR 1807998POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC06/29/201820TH ST/PEARL ST15271527FR 14 Case #Offense Date Rept Streetnbr Street Hour Rept Hour Occu Dow1 1807998 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/29/2018 20TH ST/PEARL ST 1527 1527 FR 1808016 DETOX HOLD 06/29/2018 4869 BROADWAY 2040 2040 FR 1808017 POSSESSION/CONSUMPTION OF ALCOHOL IN PUBLIC 06/29/2018 13TH ST/COLLEGE AVE 2120 2120 FR 1808018 CRIMINAL VIOLATION OF A PROTECTION ORDER 06/29/2018 28TH ST/MAPLETON AVE 2156 2155 FR 1808021 DUI PER SE-ALCOHOL 06/30/2018 BROADWAY/IRIS AVE 0005 0005 SA 1808055 ASSAULT-THIRD DEGREE 06/30/2018 2776 MOORHEAD AVE 1804 1803 SA LAST DRINK LOCATIONS – JUNE 2018 SUMMARY Trade Name Premise Address Nature of Call/Violation Incidents Notes Club Nitro 1124 Pearl Street Suspected DUI 1 Wrong way. MJ in vehicle. Refusal. Japango 1136 Pearl Street Suspected DUI 1 Suspicious- driving with fresh damage on vehicle. Blood Test. Rio Grande 1101 Walnut Street Suspected DUI 1 Wrong way. Blood Test. Sundown Saloon 1136 Pearl Street Suspected DUI 1 Signal Violation. Blood Test. The Sink 11656 13th Street Suspected DUI 1 Hit parked car. Blood Test. Boulder Police Department Report Generated: 7/12/2018 10:28:25 AM UserID: BERGD1 1 Case Id Agency 1806918 BPD 1806970 BPD 1806980 BPD 1806980 BPD 1807097 BPD 1807097 BPD 1807313 BPD 1807313 BPD 1807313 BPD 1807317 BPD 1807319 BPD 1807321 BPD 1807397 BPD 1807397 BPD From:RHG Boulder To:Teague, Kristen Subject:July Meeting - Fake ID Conference Date:Friday, July 6, 2018 1:48:50 PM RHG Boulder www.rhgboulder.com RHG Boulder will be hosting our Annual Fake ID Conference later this month at a date and time TBD. The event will be held at the Boulder Theater and will include Security Specialists from around our community to answer all your questions about fake ID's! Once we get all of our speakers booked, we will have exact details on the date and time of the conference. RHG will not host a regular meeting in July! Stay posted for details coming your way next week. Again, there will not be an RHG meeting next week! Please forward any questions or concerns about RHG Boulder to Mike Absalom. Thanks! Fake ID Conference Date: TBD Time: TBD Boulder Theater 2032 14th St. Boulder, CO 80302 mike@mountainsunpub.com RHG Boulder | mike@mountainsunpub.com | RHGBoulder.com STAY CONNECTED: RHG Boulder, 627 S Broadway, Boulder, CO 80302 SafeUnsubscribe™ teaguek@bouldercolorado.gov mike@mountainsunpub.com | Update Profile | About our service provider Sent by mike@mountainsunpub.com in collaboration with Constant Contact Try it free today From:Stacy Litwin To:Teague, Kristen Cc:Cook, Mishawn; Mazurkiewicz, Beata Subject:Request to postpone Boardgames, Beer and Bites hearing date Date:Monday, July 9, 2018 1:38:40 PM Good Afternoon, I would like to request to postpone my hearing date until August 15th. The petitioning was just completed over the weekend of July 7th and 8th, so additional time will allow for a more thorough preparation of the required information. Thanks for your consideration, Stacy Litwin -- Stacy Litwin 720-985-1015 From:Cook, Mishawn To:Teague, Kristen; licensestaff Cc:Kalish, Debra Subject:RE: [CLERKSLIST] Full-strength beer & wine consumption in Denver Parks Article Date:Friday, June 29, 2018 9:05:00 AM Attachments:image001.png image002.png Deb, could you clarify this for the BLA at our next hearing on July 18 for the BLA members, please? Thank you, Mishawn Mishawn J. Cook Licensing Manager Certified Municipal Clerk Main: #303-441-4192 Direct: #303-441-3010 cookm@bouldercolorado.gov The Tax and License Offices have moved on Friday May 4, 2018 to: Brenton Building-1136 Alpine, 1st Floor (Go North on Broadway from our old location & then turn West on North Street, then take the second driveway on the Right side of street to find ample, free customer parking in front of Brenton Building) Our phone numbers and mailing address of P.O. Box 791, Boulder CO 80306 will remain the same From: Cook, Mishawn Sent: Tuesday, June 26, 2018 1:04 PM To: Teague, Kristen <TeagueK@bouldercolorado.gov>; licensestaff <licensestaff@bouldercolorado.gov> Cc: Kalish, Debra <KalishD@bouldercolorado.gov> Subject: RE: [CLERKSLIST] Full-strength beer & wine consumption in Denver Parks Article Hi, I think that Title 5, Chapter 7 should be just fine as they are for City of Boulder (since we include both Fermented Malt Beverage and Malt Liquor in our public consumption prohibition and allowances) and will work for our reporting to CML, but I am also ccing Deb Kalish below: 5-7-2. - Possession and Consumption of Alcoholic Beverages in Public Prohibited. (a) No person within the city limits shall possess an opened container of or consume any malt, vinous, or spirituous liquor or fermented malt beverage in public, except upon premises licensed for consumption of the liquor or beverage involved. (b) For purposes of this section, opened container means any container other than an original closed container as sealed or closed for sale to the public by the manufacturer or bottler of the liquor or beverage. If an original container has been unsealed, undone, or opened in any manner, it is an opened container for purposes of this section. (c) For purposes of this section, in public means: (1) In or upon any public highway, street, alley, walk, parking lot, building, park, or other public property or place, whether in a vehicle or not; (2) In or upon those portions of any private property upon which the public has an express or implied license to enter or remain; or (3) In or upon any other private property without the express or implied permission of the owner or person in possession and control of such property or such person's agent. (d) The following property owned or managed by the city is excluded from the coverage of this section during the hours of 8 a.m. to 11 p.m.: Coot Lake, Boulder Reservoir, Flatirons Golf Course, East Mapleton Ball Fields, and Stazio Recreation Complex, but if a special event permit for the sale of liquor or fermented malt beverages has been issued for all or a portion of such property pursuant to § 12-48-101, et seq., C.R.S., then no person shall take or consume any malt, vinous, or spirituous liquor or fermented malt beverage onto or in the area designated in such permit except in accordance with such permit if a sign has been posted giving notice of the time and location of the area so restricted. (e) It is an affirmative defense to a charge of violating this section that the premises were licensed by the city or by the State of Colorado for the consumption of the liquor or beverage involved, and any judge shall take judicial notice of the official records of such license and dismiss forthwith any charge to which this defense applies. If such dismissal is ex parte, the judge shall notify the city attorney, who may petition the court for permission to refile the charge. (f) It is a specific defense to a charge of violating this section that: (1) The owner of the property involved or the owner's agent gave express permission to the accused or to members of the accused's class to perform the acts complained of; [18] or (2) The accused was transporting the liquor or beverage from one place where it could be lawfully consumed directly and without delay to another such place, and the container was at all times during the transportation capped, corked, or otherwise reclosed with a firmly affixed waterproof lid. When the liquor or beverage was being transported in a motor vehicle, this defense is only available if the container was in the trunk or was not otherwise immediately accessible to the driver or any passenger. (g) No person shall drive or sit in the driver's seat of any motor vehicle, other than one carrying passengers for hire, in which a violation of Subsection (a) of this section is occurring. Ordinance Nos. 5003 (1986); 7831 (2012); 7965 (2014) Footnotes: --- (18) --- See Section 5-7-5, "City Manager Authority to Grant Permission to Consume Alcoholic Beverages on City-Owned Property," B.R.C. 1981. 5-7-5. - City Manager Authority to Grant Permission to Consume Alcoholic Beverages on City-Owned Property. (a) The city manager may grant express permission, as provided in Subsection (b) of this section, to persons to consume any malt, vinous, or spirituous liquor or fermented malt beverage on city-owned property for the following special functions: athletic events, artistic events, cultural events, receptions, street closure events, or civic events. (b) The city manager shall grant such permission to persons applying therefor if, considering the type of function and the type of alcohol to be served, the manager finds that: (1) The time, location, route, and duration of the function are not likely to significantly interfere with public traffic or fire or police services; (2) The number and concentration of participants at the function are not likely to result in crowds exceeding limitations in the city fire code, Chapter 10-8, "Fire Code," B.R.C. 1981, or noise prohibited by Chapter 5-9, "Noise," B.R.C. 1981, or other significant inconvenience to the residents of the surrounding neighborhood; (3) Underage persons are not likely to obtain malt, vinous, or spirituous liquors or fermented malt beverages served at the function; (4) Precautions are proposed that are likely to secure and supervise the area and the participants during the function; and (5) The applicant meets other reasonable requirements to implement the provisions of Paragraphs (b)(1) through (b)(4) of this section. (c) The city manager may adopt legislative and procedural rules for granting such permission, consistent with the criteria set forth in Subsection (b) of this section. Ordinance No. 7925 (2013) Mishawn J. Cook Licensing Manager Certified Municipal Clerk Main: #303-441-4192 Direct: #303-441-3010 cookm@bouldercolorado.gov The Tax and License Offices have moved on Friday May 4, 2018 to: Brenton Building-1136 Alpine, 1st Floor (Go North on Broadway from our old location & then turn West on North Street, then take the second driveway on the Right side of street to find ample, free customer parking in front of Brenton Building) Our phone numbers and mailing address of P.O. Box 791, Boulder CO 80306 will remain the same From: Teague, Kristen Sent: Tuesday, June 26, 2018 9:13 AM To: licensestaff <licensestaff@bouldercolorado.gov> Subject: FW: [CLERKSLIST] Full-strength beer & wine consumption in Denver Parks Article FYI- for public consumption issue. From: CML Municipal Clerks Listserv <CLERKSLIST@LIST.CML.ORG> On Behalf Of Kevin Bommer Sent: Monday, June 25, 2018 4:15 PM To: CLERKSLIST@LIST.CML.ORG Subject: Re: [CLERKSLIST] Full-strength beer & wine consumption in Denver Parks Article Please be sure to let me know if any of you adopt a public consumption prohibition exception and send it along to me at kbommer@cml.org. Per SB 18-243, an ordinance is not required. Authorization for: Fermented malt beverage Malt liquor Vinous liquor OR Spirituous liquor may occur by ordinance, resolution, or rule. Presumably, this allows the Local Licensing Authority to adopt a rule, but that is a local decision. (This is the approach Denver is taking) One note of caution. If there is a decision to allow beer – regardless of whether or not anything else will be approved – then the ordinance, resolution, or rule should be recognize fermented malt beverages and malt liquor. While they will be the same starting on 1/1/19, they are still different under the technical aspects of the law. Also note the exclusion of consumption in any public right of way, which we interpret to be only related to this portion of statute and does not impact special event permits or common consumption areas. 12-47-901. Unlawful acts - exceptions - definitions. (1) Except as provided in section 18-13-122, it is unlawful for any person: (h) (I) To consume ANY FERMENTED MALT BEVERAGE OR malt, vinous, or spirituous liquor: … (VII) NOTWITHSTANDING SUBSECTION (1)(h)(I) OF THIS SECTION, IT IS NOT UNLAWFUL FOR A PERSON WHO IS AT LEAST TWENTY-ONE YEARS OF AGE TO CONSUME ANY Kevin Bommer Deputy Director Colorado Municipal League 1144 Sherman Street, Denver, CO 80203 (303) 831-6411 · (866) 578-0936 kbommer@cml.org · www.cml.org FERMENTED MALT BEVERAGE OR MALT, VINOUS, OR SPIRITUOUS LIQUOR IN ANY PUBLIC PLACE, OTHER THAN A PUBLIC RIGHT OF WAY, WHERE CONSUMPTION OF THE FERMENTED MALT BEVERAGE OR MALT, VINOUS, OR SPIRITUOUS LIQUOR HAS BEEN SPECIFICALLY AUTHORIZED BY ORDINANCE, RESOLUTION, OR RULE ADOPTED BY A MUNICIPALITY, CITY AND COUNTY, OR COUNTY OR, FOR PURPOSES OF STATE PARKS, STATE WILDLIFE AREAS, OR OTHER PROPERTIES OPEN TO RECREATION THAT ARE UNDER THE SUPERVISION OF THE PARKS AND WILDLIFE COMMISSION CREATED IN ARTICLE 9 OF TITLE 33, BY THE PARKS AND WILDLIFE COMMISSION. Kevin Empowered cities and towns, united for a strong Colorado. From: CML Municipal Clerks Listserv [mailto:CLERKSLIST@LIST.CML.ORG] On Behalf Of Lisa Anderson Sent: Wednesday, June 20, 2018 6:48 PM To: CLERKSLIST@LIST.CML.ORG Subject: Re: [CLERKSLIST] Full-strength beer & wine consumption in Denver Parks Article I would also like to hear. Sent from my Verizon, Samsung Galaxy smartphone -------- Original message -------- From: Michele Miller <townclerk@SILVERTHORNE.ORG> Date: 6/20/18 1:44 PM (GMT-07:00) To: CLERKSLIST@LIST.CML.ORG Subject: [CLERKSLIST] Full-strength beer & wine consumption in Denver Parks Article Hello all, Has anyone passed or thinking about an ordinance allowing full strength beer & wine consumption in their parks? I would love a copy if anyone has. Thanks, Visit www.cml.org Information > Cities & Towns Make It Possible for new ways to promote municipal services! Visit www.cml.org Information > Cities & Towns Make It Possible for new ways to promote municipal services! Visit www.cml.org Information > Cities & Towns Make It Possible for new ways to promote municipal services! 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 A B C D E F Name of Event Name of Applicant Location of Event Day of Week Date of Event Time of Event Tri Boulder Your Cause Sports Boulder Reservoir-5565 N.51st St, Boulder CO 80301 Sunday July 22, 2018 830: AM - 3:00 PM Bands on the Bricks Downtown Boulder Foundation 1303 Pearl Street (1300 Block of Pearl Street), Boulder, CO 80302 Wednesdays June 6, 13, 20, 27; July 11, 18, 25; August 1, 8, 2018 4:00 PM - 10:00 PM Fourth on Pearl Downtown Boulder Foundation 1303 Pearl Street (1300 Block of Pearl Street) & Boulder County Courthouse Lawn, Boulder, CO 80302 Wednesday July 4, 2018 11:00 AM - 9:00 PM Boulder Peak Triathlon Believe Ranch and Rescue Boulder Reservoir, 5565 N.51st Street, Boulder CO 80301 Sunday July 8, 2018 9:00 AM - 12:00 PM Pasta Jay's West End 3K Boulder Track Club Incorporated Pearl Street Mall- 1000 Block Thursday July 12, 2018 5:30PM to 8:30PM RMAST Soccer Tournament Tall Tales Ranch Pleasant View Soccer Complex-3805 47th St, Boulder CO 80301 Saturday July 28, 2018 12PM-11PM SPECIAL EVENT LIQUOR LICENSES AND TEMPORARY MODIFICATIONS - June 2018 BLA June 21, 2018 Retreat Summary 1) As to the discussion about the Neighborhood Petitions template, the BLA would suggest that there be one page document that is an application summary page that can be shown to prospective signers of petitions. That change would allow the top of the petition template to be less cluttered and for each page to have more signature lines on it. 2) As to the 3 month employee training condition, the BLA declined to change this by quorum determination, but they did suggest that City Licensing come up with a hand out to provide to new licensees at the time of initial premise inspection to relay the condition and the importance of server training. 3) As to Suspension start dates/enforcement follow up during suspensions, BPD explained that patrol officers are apprised of the active license suspensions so that they can double check that postings are completed and suspensions are being served. The BLA also discussed that it is within their purview to increase the length of suspensions if weekend suspension days are warranted. 4) Related to comments/concerns that Boulder Police Department may want to relay to the BLA, Officer Dan Bergh suggested that the BLA may want to consider the numbers of fake IDs that are confiscated by a liquor licensee where appropriate as mitigating for violations. 5) For their fines in lieu of suspension days discussion, the BLA did discuss acceptance of fines, stating that it is their practice to accept fines as an exception, not the rule, and only when the situation warrants it. 6) The BLA did discuss their current Penalty Guidelines and the history of its’ adoption. Referring to fake IDs confiscation, they suggested to City Licensing that they make the RHG aware that confiscation of fake IDs is another point that can be raised for mitigating factors when violations occur. 7) City Licensing noted for the Authority that local authority hearings are not mandated by the state liquor code for license transfer applications. The BLA seemed open to reviewing language which could make a change to license transfer hearing processes. Suggested changes to the BLA Rules of Procedure is as below (subject to BLA and CAO final review): BLA Rules of Procedure Section 8-4 Transfers of Ownership The Licensing Clerk may process transfer of ownership applications without a hearing, unless: i) the Character Investigation for the applicant or the prior enforcement history for the location suggest a hearing, ii) the Change, Alter, or Modification future plans suggest a hearing, iii) any comment received concerning the transfer of ownership application suggest a hearing, or iv) the transfer application is of an unusual nature, including but not limited to, transfers applications by operation of law, seller’s violation history at the location in the last five years or the status of other administrative city reviews, or transfers of ownership to landlords, suggest that a hearing is warranted. An application for transfer of ownership shall conform to the procedures, hearings, and requirements applicable to an application for a new license (see Chapter 3), except as provided in this Section. If a transfer hearing is held, then the hearing shall be conducted in accordance with the requirements for new licenses in Chapter 3. Subsection 8-4-6 Notice and Hearings Requirements for License Transfer Hearings A public hearing will may be held on the application, and if a hearing is held, it shall be noticed pursuant to Section 4-3 and conducted pursuant to Chapter 6. If a transfer hearing is held, the Authority shall consider and act upon the evidence of the applicant’s possession of the licensed premises, the requirements of Section 12-47-307, C.R.S, and the requirements of 1 CCR 203-2, Rule 47-302. The burden of proof is on the applicant to establish all requirements. The current licensee may appear at the hearing and contest the transfer of the license. The Authority shall consider the current licensee’s evidence opposing the transfer. Such evidence shall be limited to the issue of legal possession of the premises or the character of the applicant. Should the current licensee fail to appear to contest the license transfer, the Authority shall act on the transfer considering the evidence presented by the applicant and any Parties in Interest. 8) Deb Kalish, Senior Counsel with the City Attorney’s Office, provided a summary of the bills which were approved by the state legislature in 2018. Special attention was paid to the bill which allows that local licensing authorities only consider the last five years of violation history for licensees, and as such, it was discussed that City Licensing will only supply information on the last five years when preparing show cause documents for the BLA. Neighborhood Needs & Desires Petition Summary Sheet Applicant: Shine Community LLC Trade Name: Shine Restaurant and Potion Bar________________________________________ Business Location: 2480 Canyon Boulevard, Unit M-1, Boulder, CO 80302____________ Date(s) of Petitioning: _________________________________________________ Defined Neighborhood: NORTH - Mapleton SOUTH - Marine Street WEST- 20th Street Extended EAST- 30th Street Total Contacts: ________ Not at Home: _______________ Not Qualified: _______________ Refuse to Sign: _______________ Needs & Desires Already Met: _______________ Religious Objection: _______________ Remained Neutral: _______________ Alcohol Usage Objections: _______________ No Reason Given: _______________ TOTAL # IN FAVOR ___________ TOTAL # OPPOSED ______________ P.O. Box 791 | 1136 Alpine Ave, Boulder CO 80304 | bouldercolorado.gov | O: 303-441-4192 Dear Liquor License Applicant: Before approving a liquor license application, the Beverage Licensing Authority (BLA) must consider the reasonable requirements of the neighborhood and the desires of the adult inhabitants as evidenced by petitions, remonstrances, supporting witnesses or other evidence submitted by the applicant and by residents and business owners/managers of the designated neighborhood. Although the law does not require that an applicant petition the neighborhood, it is the most common form of evidence presented at BLA application hearings. Enclosed you will find a blank Business petition form, Resident petition form, Application Summary to show at the door to possible petition signers, Petition Summary to total your results, Neighborhood Map, Existing Licenses List, and an Affidavit of Circulator. You will need to make copies of all enclosed documents including color copies of the Neighborhood Map. You will need to make sufficient copies of both the Resident petition form and the Business petition form to collect the signatures necessary to prove to the BLA that application approval is in order. The BLA does not specify a certain number or percentage of signatures that must be acquired; they do expect to see that a good sampling of both residences and businesses in the neighborhood was obtained. Petitions must be circulated within the neighborhood boundaries established by the BLA and outlined on the Neighborhood Map. Each door to door petitioner must carry and show at the door a color copy of the Neighborhood Map and a copy of the Existing Licenses List along with blank signature pages of both the Business petition and Resident petition forms. An individual signing a petition must include his or her first and last name. Each signature and accompanying address must be legible. For resident petitions, all persons signing must be at least 21 years of age and reside in the defined neighborhood. For business petitions, all persons signing must be at least 21 years of age and own and/or manage a business in the defined neighborhood. Each petitioner who has collected petition results door to door must submit a signed and notarized Affidavit of Circulator. Failure to affix a completed affidavit of circulator, including notarization, may cause petition invalidity concerns to be raised by the Authority. Petitions circulated outside the neighborhood boundaries shall not be considered. Please also note that only door to door petitions will be considered by the BLA. If the BLA determines that the petitions submitted are insufficient to support a finding that: (1) the reasonable requirements of the neighborhood establish a need for the issuance of the requested license, and (2) that the desires of the adult inhabitants dictate the issuance of the license, the BLA may either deny your application or continue your hearing an additional month or more to allow you time to conduct more petitioning. As such, full adherence to these procedures, completion of petition documentation, sufficient signatures collection, and timely submittal of petition results is important for your license application. At the conclusion of petitioning, please complete the Petition Summary and submit with your petition materials and affidavits of circulator to the City Licensing office. Your petition materials are due in our office by 5:00pm on Monday July 9, 2018. Liquor License Application Summary Page for Door to Door Neighborhood Petitioning Applicant: Shine Community LLC Trade Name: Shine Restaurant and Potion Bar_______________________________________ Business Location: 2480 Canyon Boulevard, Unit M-1, Boulder, CO 80302___________ Occupancy: 146 Square Footage: 3578 Business Description: Use of full built out patio________________ Operating Hours: Monday-Friday 11AM-11:00PM, Saturday-Sunday 9:00AM- 11:00PM Same # of Licenses in area: 23 Application Type: Permanent Modification of a Hotel-Restaurant type liquor License Defined Neighborhood: NORTH - Mapleton SOUTH - Marine Street WEST- 20th Street Extended EAST- 30th Street Date and Location of Beverage Licensing Authority Hearing to provide comment: Wednesday July 18, 2018 at 3PM at the Brenton Building, 1136 Alpine Avenue, Boulder, CO 80304- 1st floor conference room Resident Petition Form Applicant:______________________________ Trade Name:_____________________________ Application Type: _____________________ Business Location [See Map]:______________________________________________ Previous Business:_______________________________ Date & Time of Hearing:_________ _______________________ Location of Hearing:____________________________________________ I, the undersigned, am aware that a liquor license application has been filed with the City of Boulder. I certify that I am at least 21 years of age and am a resident in the defined neighborhood. I have indicated below, with my signature, my opinion about approval/denial of the above referenced application. PERSON NAME (Please PRINT) ADDRESS *FAVOR **OPPOSE REASON WHY YOU FAVOR OR OPPOSE THIS APPLICATION SIGNATURE (Please SIGN, do not print) AGE TODAY’S DATE PETITION ISSUE: This petition/opinion poll is being conducted to determine the reasonable requirements, needs and desires of the adult inhabitants of the defined neighborhood per C.R.S. 12-47, the Colorado Beer and Liquor Codes, and per local licensing authority rules/procedures. [*] If you favor and support this NEW ________ LIQUOR LICENSE application because it is your opinion the reasonable requirements of the adult inhabitants of the defined neighborhood (see map) are not now being adequately served by existing businesses that hold the same or similar type license now doing business in the defined neighborhood, and it is your desire that this liquor license be issued, please sign and check [*] FAVOR column to grant requested license, and then please write in your reason why you favor this license application. [**] If you oppose and do not support this NEW __________ LIQUOR LICENSE application, please sign and check the [**] OPPOSE column, and please then indicate the reason you oppose this license application. If you think that you have been unduly influenced by the petition circulator or have questions or comments concerning the proposed application or survey method, please call: MISHAWN J. COOK, CITY OF BOULDER LICENSE MANAGER AT PHONE: 303-441-3010 OR EMAIL: cookm@bouldercolorado.gov DATE OF PETITIONING: ___________________________________________ TIME OF PETITIONING: _________________________ Business Petition Form Applicant:_____________________________ Trade Name:______________________________ Application Type: ______________________ Business Location [See Map]:______________________________________________ Previous Business:_______________________________ Date & Time of Hearing:_________ _______________________ Location of Hearing:____________________________________________ I, the undersigned, am aware that a liquor license application has been filed with the City of Boulder. I certify that I am at least 21 years of age and a business owner or manager in the defined neighborhood. I have indicated below, with my signature, my opinion about approval/denial of the above referenced application. BUSINESS NAME PERSON NAME [PRINT] ADDRESS *FAVOR **OPPOSE REASON WHY YOU FAVOR OR OPPOSE THIS APPLICATION SIGNATURE (Please SIGN, do not print) CAPACITY (Owner/Mgr) AGE DATE PETITION ISSUE: This petition/opinion poll is being conducted to determine the reasonable requirements, needs and desires of the adult inhabitants of the defined neighborhood per C.R.S. 12-47, the Colorado Beer and Liquor Codes, and per local licensing authority rules/procedures. [*] If you favor and support this NEW HOTEL-RESTAURANT TYPE LIQUOR LICENSE application because it is your opinion the reasonable requirements of the adult inhabitants of the defined neighborhood (see map) are not now being adequately served by existing businesses that hold the same or similar type of license now doing business in the defined neighborhood, and it is your desire that this liquor license be issued, please then sign and check the [*] FAVOR column to grant the requested license, and please then write in your reason why you favor this license application. [**] If you oppose and do not support this NEW HOTEL-RESTAURANT TYPE LIQUOR LICENSE application, please sign and check the [**] OPPOSE column, and please then indicate the reason you oppose this license application. If you think that you have been unduly influenced by the petition circulator or have questions or comments concerning the proposed application or survey method, please call: MISHAWN J. COOK, CITY OF BOULDER LICENSE MANAGER AT PHONE: 303-441-3010 OR EMAIL: cookm@bouldercolorado.gov DATE OF PETITIONING: ___________________________________________ TIME OF PETITIONING: _ ________________________