08.21.19 BLA Minutes CITY OF BOULDER
BEVERAGE LICENSING AUTHORITY
* * * HEARING MINUTES * * *
AUGUST 21, 2019, 3:00 P.M.
COUNCIL CHAMBERS
MUNICIPAL BUILDING —2ND FLOOR
1777 BROADWAY, BOULDER, COLORADO
NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA)
DATE OF MEETING: August 21, 2019
NAME & PHONE OF PERSON Kristen Teague, Licensing Operations Specialist III
PREPARING SUMMARY: (303-441-3034)
NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT:
Board Members: Matthew Califano, Michael Friesen, Kevin Mahoney
Staff Present: Debra Kalish, Senior Counsel, Kristen Teague, Licensing Operations Specialist III,
and Mishawn Cook, Licensing Manager
1. Agenda Item:
i. Member roll call;
Authority member roll call was completed, with a quorum of 3 members present, and
with Member Lundgren was excused absent as was Member Absalom who emailed in
with car trouble.
ii. Approval of Beverage Licensing Authority(BLA) minutes from the June 19, 2019
and July 17, 2019 hearings;
Member Friesen moved, Mahoney seconded, to approve the June 18, 2019 hearing
minutes as presented. Motion passed 3:0.
The July 17, 2019 hearing minutes were presented as Agenda Item 1, Exhibit 1.
Member Friesen moved, Mahoney seconded to approve the minutes as presented.
Motion passed 3:0.
iii. Hearing agenda issues from licensing clerk;
a) Premises Inspection Findings-Oregano's Pizza Bistro, 2690 Baseline
Road, Boulder, CO, Hotel-Restaurant type liquor license
Specialist Teague noted that there was a supplemental Exhibit 1 for this item in
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addition to packet materials.Adam Sta pen,Attorney for the licensee, and Jeff Mayger,
Registered Manager, and Jacob Svajgl, Area Partner, appeared for comments to the
Authority.All parties were sworn in. Mr.Stapen reviewed the packet items and Exhibit
1 for the Authority. Specialist Teague provided additional comments regarding her
findings at the licensing inspection. The Authority asked clarifying questions as to the
alcohol on premises prior to the license being issued and other items found in the
license inspection.
Consensus of the Authority was to have a confirmation from Planning and
Development Services regarding the Zoning Review approval within the next thirty
days and have the findings presented at the September hearing.
2. Matters from the Boulder Police Department (BPD).
Officer Rich Denig was absent for the hearing due to department obligations.
3. Matters from the Responsible Association of Retailers (RAR).
Mr. Dewey appeared and reviewed the most recent Boulder RAR meeting, spoke as to the
handouts on binge drinking and alcohol poisoning that were presented.
The Authority asked about potential changes to the BLA rule as to changing training date
requirements and including written alcohol policies with new license applications. Mr.
Dewey had provided this information to the RAR members and RAR had not heard of any
opposition to date.
4. General Public Comments for Beverage Licensing Authority.
No public comments were made.
5. Public hearing and Rulemaking consideration of the following changes to BLA rules and
requirements:
i) In BLA Rule of Procedure, Section 3-6, Training Requirements, to reduce the
allowable time for state approved in-person training in a state approved alcohol
service class of alcohol servers from the current 90 days to 60 days, and
ii) To add to the checklist of required documents a requirement for written alcohol
service policies and to add a question as question 20 (and to renumber current
question 20 as 21) to the City of Boulder Liquor License Application city license
application to solicit provision of written alcohol service policies (with mention
of RAR as a resource) and
iii) In BLA Rule of Procedure, Section 4-3, subsection 4-3-1, and subsection 8-4-6,
amending Application Notice requirements to allow City Licensing to schedule
applications which do not require petitioning more quickly on BLA hearing
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agendas.
These items were presented as Exhibit item 1. Licensing Manager Cook and Senior
Counsel Kalish provided technical comments as to these proposed changes and
that the training requirements and application notice requirement would need to
be changed via council resolution, the alcohol service policies and application
questions would not require approval as they are administrative procedures.
Chair Califano moved, Friesen seconded, to move these items for consideration
by City Council Resolution and to add the alcohol service policies and question to
the application administratively. Motion passed 3:0.
The Authority took a brief recess at 3:30 PM, reconvening at 3:35 PM
6. Public hearing and continued consideration of a May 16, 2019 application from Circle
K Stores Inc. d/b/a Circle K Store#2709865, 3040 N. Broadway, Boulder, CO 80304;
Kathy Cunnington, President, Vice President, Secretary and Treasurer, Dennis Tewell,
Senior VP, Kim Kwiatkowski, Assistant Secretary, Darrel Davis, Senior VP and Director,
Mark Tate, VP, Monica Huron, Assistant Secretary, and Jim Beam, Store Manager, with
a business mailing address of P.O. Box 690007, San Antonio,TX 78269, for a
Permanent Modification of a Fermented Malt Beverage Off-Premise type liquor
license.
This matter was continued from the July hearing. Kevin Coates appeared as attorney of
record for this licensee.lames Beam, Registered Manager, appeared and was sworn in for
this matter and confirmed the ten-day legal posting of the premises.
BLA hearing procedures were waived. No ex-parte communications or conflicts of interest
were disclosed by Authority Members. No interested parties or public comments were
made.
Mr. Coates noted for the Authority that Ms. Eva Garretson of Liquor Pros was not in
attendance as the petition for this application were accepted at the July hearing,
Mr. Coates continued on to review this application for the Authority with Mr. Beam
providing additional clarifying testimony.
Member Friesen moved, Mahoney seconded, to approve the application for a Permanent
Modification of a Fermented Malt Beverage Off-Premises type liquor license. Motion
passed 3:0.
7. Public hearing and consideration of a April 16, 2019 application from Boulder Food
Park LLC d/b/a Rayback Collective, 2775 Valmont Road, Boulder, CO 80301; Henry
Grant, Managing Member and Owner, Justin Riley, Managing Member and Owner,
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and Aditus Foundation, as 10.1 % owner, with no other members with over 10%
ownership interest, and Sean A. Rizzo Cannon as Registered Manager with a premise
business mailing address, for a renewal of a Tavern type liquor license.
Adam Stapen appeared as attorney of record for this licensee. Justin Riley, Sean Cannon
and Henry Grant appeared and were sworn in for this matter. Mr. Grant confirmed the
ten-day legal posting of the premises.
BLA hearing procedures reading was waived. No ex-parte communications or conflicts of
interest were disclosed by Authority Members. No interested parties or public comments
were made.
Manager Cook reviewed the regulatory circumstances for this renewal hearing. Mr.
Stapen presented the Authority with the renewal licensee packet and the items were
entered as Exhibit 1 for this agenda item.
Mr. Stapen presented the renewal licensing exhibit document packet for the Authority
while Mr. Grant opined upon his interpretations of city rules, regulations and licensing of
mobile food vehicles, health and fire codes. He also presented testimony as to his license
status for the renewal application.
Manager Cook noted that there were changes coming for timing of the licensing of
mobile food vehicles, but those changes would not be coming forth until next year
possibly.
Member Friesen moved, Mahoney seconded, to approve this Tavern liquor license
renewal. Motion passed 3:0.
8. Public hearing and consideration of a May 3, 2019 application from The Barrel LLC
d/b/a The Barrel, 1710 29th Street, Suite 1048, Boulder, CO 80301; Paul Mueller,
Teresa Mueller, Louis Bush, IV, Owners, and with Ingrid Bush, Owner and Registered
Manager with a business mailing address of 762 W. Eisenhower Blvd. Loveland, CO
80537,for a renewal of a Tavern type liquor license.
Anda Lincoln appeared as attorney of record for this licensee. Lou Bush appeared, was
sworn in for this matter and confirmed the ten-day legal posting of the premises.
BLA hearing procedures reading were waived. No ex-parte communications or conflicts of
interest were disclosed by Authority Members. No interested parties or public comments
were made.
Ms. Lincoln reviewed the application with Mr. Bush providing answers for the Authority
as to the late filing of this renewal.
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The Authority posed a few clarification questions to the licensee as to future steps for
timely filings.
Member Mahoney moved, Friesen seconded, to approve this Tavern liquor license
renewal. Motion passed 3:0.
9. Public hearing and consideration of a June 17, 2019 application from Rapha Racing, LLC
d/b/a Rapha, 1815 Pearl Street, Boulder, CO 80302; Rapha Racing, LTD, 100% Owner of
Rapha Racing, LLC, with Simon Mottram, CEO, Brendan Quirk and Hillary Benjamin,
Managers of Rapha Racing LLC, and with Steve Vanica as Proposed Manager, with a
premise business mailing address, for a renewal of a Beer and Wine type liquor
license.
Hearing procedures were read to the licensee since there were not represented by
counsel.
Steve Vanica appeared, was sworn in for this matter, and confirmed the ten-day legal
posting of the premises. No ex-parte communications or conflicts of interest were
disclosed by Authority Members.
Sales tax area would approve this renewal, but City Licensing stated that they did not yet
have confirmation that liquor occupation tax would approve this renewal. This item was
continued until confirmation is received, and if not, then after agenda item #12 had
concluded.
After agenda item number 12 was considered, the Authority continued this item.
Specialist Teague confirmed that the liquor occupation tax had been paid. Reminded Mr.
Vanica that he was still under oath.
Chair Califano asked what steps they would take to ensure tax payments are not late in
the future and Mr. Vanica responded. Mr. Vanica also clarified that the business is
primarily retail.
Manager Cook suggested an update to their mailing address to the corporate office.
Member Mahoney moved, member Califano seconded, to approve the Beer and Wine
liquor license renewal. Motion passed 3:0.
10. Public hearing and consideration of a July 2, 2019 application from 1911 11th St., LLC
d/b/a 191111th St., 191111th Street, Boulder,CO 80302; Scott Littlefield, Manager,with
a business mailing address of 840 Pearl Street#3. Boulder, CO 80302,for a renewal of a
Tavern type liquor license.
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Jordan Bunch appeared as attorney of record for this licensee. Leonard Thomas, architect,
and Scott Littlefield, registered manager, appeared and were sworn in for this matter. Mr.
Littlefield confirmed the ten-day legal posting of the premises.
BLA hearing procedures were waived. No ex-parte communications or conflicts of interest
were disclosed by Authority Members. No interested parties or public comments were
made.
Ms. Bunch presented the renewal licensing exhibit document packet for the Authority
while Mr. Thomas and Mr. Littlefield provided details about why the construction project
has taken longer than expected and therefore the space vacant for more extended period,
when full Certificate of Occupancy is expected and when the space be leased. Two groups
most interested in the space would require a Tavern type liquor license. The intent will be
to transfer the license once a lease is signed.
Manager Cook provided information regarding application requirements depending upon
the tenant and the footprint of the leased space.
Member Friesen moved, Chair Califano seconded, to approve the Tavern liquor license
renewal. Motion passed 3:0.
11. Public hearing and consideration of a June 11, 2019 application from Larkburger of
Colorado LLC d/b/a Larkburger for a change of location from Unit 006 to new Unit H2-B
at 2525 Arapahoe Avenue, Boulder, CO 80302; Patricia Jones, President and CFO,
Stephen Darr, CRO, Rea Lee-Hollis, Director of Operations, and Roy Christian Frank,
Registered Manager; with a business mailing address of 3575 Ringsby Court, Unit 311,
Denver, CO 80216, for a Change in Location and Trade Name Change to Larkspot for an
existing Beer and Wine type liquor license.
Adam Stapen appeared as attorney of record for this licensee. Ms. Jones, President and
CFO, appeared and was sworn in for this matter and confirmed the ten-day legal posting
of the premises.
Reading of BLA hearing procedures was waived. No ex-parte communications or conflicts
of interest were disclosed by Authority Members. No interested parties or public
comments were made.
Mr. Stapen presented the renewal licensing exhibit document packet for the Authority
thanked the authority for waiving the needs and desire requirements at the last hearing
while Ms. Jones spoke to the schedule of moving into the new space and the licensee's
ongoing training and compliance policies.
There was discussion regarding the requested tradename change and Ms. Jones stated
they will revise the application to not change the name to Larkspot at this time.
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Member Friesen asked Ms. Jones to speak to what steps they have taken are taking to
ensure no future violations and she detailed a number of procedures and additional
controls.
Member Friesen moved, member Mahoney seconded, to approve this change in location
application. Motion passed 3:0.
12. Public hearing and consideration of a June 14, 2019 application from Whole Foods
Market Rocky Mountain/Southwest LP d/b/a Whole Foods Taproom at 2905 Pearl
Street, Boulder, CO 80301; Whole Foods Market Rocky Mountain/Southwest LP,
[Applicant LP], with Keith Manbeck as President and Albert Percival as Secretary of
Applicant LP, with Whole Foods Market Rocky Mountain/Southwest I, Inc., [Corp GP]
General Partner, with Whole Foods Market Southwest Investments, Inc. [Corp LP]
Limited Partner, with Keith Manbeck as President and Albert Percival as Secretary of
Corp GP,with Whole Foods Market, Inc., 100%Shareholder of Corp GP,and with Heather
Stern as President and with Albert Percival as Secretary of Corp LP, and with Whole
Foods Market, Inc. [WFMI] as 100% Shareholder of Corp GP and Corp LP, Michael Deal,
Dir, Anthony Gallo, Pres, Heather Stern, VP and Sec, Albert Percival, Assistant Sec of
WFMI, and with Walnut Sub Properties LLC [WSPL], 100% Shareholder of WFMI, with
Keith Manbeck as President and Named Principal Person for WSPL,and with Walnut Sub
Enterprises LLC[WSPEL],as 100%Shareholder of WSPL,Amazon Fulfillment Services Inc.
[AFSI] as 100%Owner of WSPEL, and Amazon.com, a publicly traded company, as 100%
owner of AFSI, and then with no other owners over a 10% interest, with a business
mailing address of P.O. Box 684786, Austin, TX 78768, for a New Fermented Malt
Beverage On-Premise type liquor license.
Kevin Coates appeared as attorney of record for this licensee. Tina Scott, Oedipus
Incorporated, Kari McGuinness, Regional Specialty Coordinator for the Rocky Mountain
Whole Foods Market, appeared and were sworn in for this matter and confirmed the
ten-day legal posting of the premises.
Reading of BLA hearing procedures was waived. No ex-parte communications or conflicts
of interest were disclosed by Authority Members. No interested parties or public
comments were made.
Ms. Scott testified as to the petition results for the needs and desire analysis. Ms.
McGuinness testified to the application, the proposed tap room, training and the alcohol
control plans. Exhibit 1 was submitted which was the original posting affidavit. Exhibit 2
was entered into the record that showed the patio area which is proposed to be part of
this new licensed premise.
Member Friesen moved, member Mahoney seconded, to approve the new Fermented
Malt Beverage On-Premise type liquor license application. Motion passed 3:0.
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13. Matters from the Senior Counsel
Assistant City Attorney Lucas Markley noted that there was nothing to report for this
hearing.
14. Matters from the Licensing Clerk
a. Neighborhood boundary setting for applications for September 18, 2019 BLA
hearing:
i. Pickled Peppers, LLC d/b/a Leaf for a of Permanent Modification a Hotel-
Restaurant type liquor license at 1710 Pearl Street, Boulder, CO 80302.
The following neighborhood boundaries were discussed: Bluff Street
Extended to the North, Canyon Boulevard to the South, Broadway on the
West, Folsom Boulevard on the East. Chair Califano moved, Member
Friesen seconded, to approve these suggested boundaries. Motion passed
3:0.
ii. BMAPS, LLC d/b/a New Boulder Gas for a New Fermented Malt Beverage
Off-Premise type liquor license at 2885 28th Street, Boulder, CO 80301.
The following neighborhood boundaries were discussed: Kalmia Ave to the
North, Pearl Street to the South, Foothills Parkway on the East, 19th Street
on the West. Member Friesen moved, Califano seconded,to approve these
suggested boundaries. Motion passed :0.
b. Expected Administrative Processing of Liquor License Transfer Applications:
i. June 28, 2019 application from Sage Client 498, LLC and 4950 Baseline
Road, LLC, as joint licensees, d/b/a Homewood Suites Boulder (f/k/a
Homewood Suites Boulder), 4950 Baseline Road, Boulder, CO 80303;
Sage Client 498, LLC [11t Applicant LLC], 100 % managed by Sage
Investment Holdings III, LLC which is managed by Sage Investment
Holdings, LLC which is member managed by: i) The Neumeyer Family
Registered LLLP (Zach Neumeyer and Amy Neumeyer as members), ii)
The Walter Isenberg Family Registered LLLP (Walter Isenberg and
Christina Isenberg as members), iii) Peter Karpinski as member, and iv)
Karpinski Family LLC as member, and with no other members with
ownership interest over 10% of 1St Applicant LLC, and as joint licensee
with,4950 Baseline Road, LLC [2,d Applicant LLC,] GP 4950 Baseline Road,
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LLC as managing member (with no persons or entities that own over a
10% interest as to 90% ownership), but as to 10% remaining ownership,
with BBCP-GP 4950 Baseline Road LLC, as managing member and
underlying 50% member, so with Chad Brue disclosed as principal officer,
and through BCP GP LLC and then Brue Capital Partners LLC with Chad
Brue and Geoffrey Baukol as underlying co-owners, and also as to the
10% remaining ownership with a 50 % member through Sage 4950
Baseline Investor LLC and then Sage Hotel Capital LAP LLC with no other
members over a 10% interest of 2 d Applicant LLC, and with Sarah Reall
as Proposed Registered Manager, with a business mailing address of
1575 Welton Street, Suite 300, Denver, CO 80202, for a transfer of a
Hotel-Restaurant type liquor license.
Acknowledged.
ii. July 3, 2019 application from Penko Corporation d/b/a Chicken On The
Hill (f/k/a B's Grilled Cheese), 1335 Broadway, Unit B, Boulder, CO 80302;
Matthew Koury, President and Vice President, and Jamie Penfold,
Secretary, Treasurer and Proposed Registered Manager, with a premise
business mailing address, for a transfer of a Hotel-Restaurant type liquor
license.
Acknowledged.
c. Breweries, Wineries, and Distilleries requests for local licensing authority input
on Application for Colorado Liquor Sales Room - None for August
None for August.
d. Informational items
i. August Special Events and Temporary Modifications
This item was included in the hearing packet.
ii. August Liquor License renewal mailing lists
This item was included in the hearing packet.
iii. Amended 2019 LED Rulemaking Schedule
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This item was included in the hearing packet.
iv. LED Email-8.6.2019-2019 Rulemaking Hearing-Value of Labor
This item was included in the hearing packet.
15. Matters from the Chair and Members of the Authority
No matters were presented or discussed.
ADJOURNMENT
Friesen moved, Califano seconded, that this hearing should be adjourned and thus the hearing
was adjourned at 5:53 PM. Motion to adjourn approved 3:0.
Attested: Approved:
Mishawn J. Cook, Licensing Manager Chair of Beverage Licensi g Authority
And Secretary to Beverage Licensing Authority
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