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04.15.20 BLA PacketBeverage licensing Authority Hearing Packet APRIL 15, 2020 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, APRIL 15, 2020, from 3:00 P.M. to 7:00 P.M. VIRTUAL HEARING DURING CITY EMERGENCY CLOSURE VISIT THE FOLLOWING LINK 15 MINUTES PRIOR TO MEETING FOR ACCESS: https://bouldercolorado.gov/boards-commissions/beverage-licensing AGENDA 1. Agenda Item: i. Instructions for Zoom; ii. Thank you to 2019 Authority members and Swearing In of BLA Member iii. Member roll call; iv. Election of BLA Chair and Vice Chair; v. Approval of Beverage Licensing Authority (BLA) minutes from February 19, 2020 hearing; vi. Hearing agenda issues from licensing clerk • Show Cause Hearings for alleged violations originally scheduled for March 18, 2020 tabled as discussed with City Prosecutors until such time as later determined during the City Emergency for: 3 Margaritas XXX, Sancho’s Mexican Restaurant, and King Soopers 28 2. Matters from the Boulder Police Department. 3. Matters from the Responsible Association of Retailers (RAR). 4. General Public Comments for the Beverage Licensing Authority. 5. Continued Item: Larkburger of Colorado, LLC d/b/a Larkburger, 2525 Arapahoe Avenue, Unit H-2B, Boulder, CO 80302-4-month progress report to the BLA. 6. Public hearing and continued consideration of an January 23, 2020 application from Everyday Stores, LLC d/b/a Everyday Store 5700, 1275 13th Street, Boulder, CO 80302; Harbans Lali, President, Gurbinder Virk, Member, and with Dange Padam, Store Manager, with a business mailing address of 1360 W 13th Avenue, Broomfield, CO 80020, for a renewal of a Fermented Malt Beverage-Off Premise type liquor license. 7. Public hearing and continued consideration of a January 9, 2020 application from Zeal Boulder, LLC d/b/a Zeal Food, 2280 Junction Place, Boulder, CO 80301; Wayde Jester, Owner and Registered Manager; with a business mailing address of 5370 Greenwood Plaza, Suite 107, Greenwood Village, CO 80111, for a new Hotel-Restaurant type liquor license. 8. Public hearing and consideration of a February 18, 2020 application from Rusty2, LLC d/b/a The Rusty Melon, 6525 Gunpark Drive, Unit 380, Boulder, CO 80301; Rusty Greenlee, Member and Registered Manager, Justine Myers, Member, with a business mailing address of P.O. Box 51, Laporte, CO 80535, for a new Hotel-Restaurant type liquor license. 9. Public hearing and consideration of a February 21, 2020 application from Landloch, LLC d/b/a Drift at the Rez, 5565 51st Street, Boulder, CO 80301; Josh Dinar, Member, Jeff Suskin, Member, Nathan Curry, Registered Manager, with a premise business mailing address, for a new Hotel-Restaurant type liquor license. 10. Matters from the Senior Counsel 11. Matters from the Licensing Clerk a. Expected Administrative Processing of Liquor License Transfer Applications: i. CDXX, LLC d/b/a Roxie’s Tacos (f/k/a Sko Lounge), 1325 Broadway, Unit 201, Boulder, CO 80302, for a transfer of a Hotel-Restaurant type liquor license ii. Punjabi 2 Corp d/b/a Bailey’s Wine & Spirits, 4800 Baseline Road, Unit E 101, Boulder, CO 80303, for a transfer of a Retail Liquor Store type liquor license iii. Ashkara II, LLC d/b/a Ashkara, 1043 Pearl Street, Boulder, CO 80302, for a transfer of a Hotel-Restaurant type liquor license b. Originally scheduled renewal applications that will be administratively processed: i. West End Tavern ii. Santo iii. Jaipur Indian Restaurant iv. Post Brewing Boulder c. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room: i. First Corked, LLC d/b/a Silver Vines Winery for a Limited Winery License at 2037 13th Street, Boulder, CO 80302- no state application yet received d. Informational items i. March & April Liquor License renewal mailing list ii. LED Email – 02/26/2020 – LED – Proposed Amendment to SB 20-110 iii. LED Email – 03/12/2020 – LED – Calculation Fact Sheet SB 20-110 iv. LED Email – 03/12/2020 – LED – Trade Show Regulation Hearing Reminder v. LED Email – 03/12/2020 – LED – Call-In Information for Trade Show Regulation Hearing on 03/16/2020 vi. LED Email – 03/13/2020 – LED – Bulletin 20-2 Lawful Product Returns for Event Cancellations Attributable to COVID-19 Concerns vii. LED Email – 03/17/2020 – LED – Operation Updates 12. 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. It is the City of Boulder’s practice to provide more notice than is required by law whenever possible. However, this practice shall not be used to invalidate any action taken with the minimum notice required by state law. Final on Wednesday April 1, 2020 Mishawn J. Cook, Licensing Administrator, CMC Published on Sunday, April 5, 2020, in the Daily Camera newspaper STATE OF COLORADO ) ) COUNTY OF BOULDER ) SS: CERTIFICATE OF PUBLIC NOTICE ) CITY OF BOULDER ) I, Mishawn J. Cook, Licensing Manager, City of Boulder, Colorado, do hereby certify that I caused the attached City of Boulder Public Meetings notice and the attached Legal Public Notice to be published in the Daily Camera on Sunday, April 5, 2020 in compliance with the laws of the State of Colorado and the ordinances of the City of Boulder, Colorado. Legal Public Notice‐Agenda Boulder Daily Camera Page E04‐E05 IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Boulder, Colorado this Tuesday, April 7, 2020. ___________________________________ Mishawn J. Cook, Licensing Manager Secretary to Beverage Licensing Authority Boulder Daily Camera - 04/05/2020 Page : E04 � 2020 Daily Camera and Prairie Mountain Publishing, LLC. .Please read our Privacy Policy and User Agreement. Please review new arbitration language here. 04/05/2020 April 7, 2020 2:01 pm (GMT +6:00) Powered by TECNAVIA Copy Reduced to 51% from original to fit letter page Public Notice Public Notice Public Notice FIND IT.SELL IT.FAST.Call by 3 p.m. Monday for publication in the Wednesday Colorado Hometown Weekly & Thursday Broomﬁeld Enterprise; call by 1 p.m. Tuesday for the Colorado Hometown Weekly. empty yourJDUDJH /LVW \RXU VDOH DQG SUHSDUH WR SXUJH $25,10 lines,4 days plus a free garage sale kit. Each office independently owned and operated. Boulder 303.499.9880 4770 Baseline Road Suite #220 Boulder, CO 80303 Downtown Longmont 303.651.3939 512 4th Avenue Suite 101 Longmont, CO 80501 On Walnut 303.442.3180 1911 11th St #200 Boulder, CO 80302 Nederland 303.258.7020 286 N Bridge Street Nederland, CO 80466 COMMERCIAL ThinkingofSelling? Call for Hyper-Local Neighborhood Stats or an Accurate Estimate of Your Home’s Value Boulder 303.499.9880 4770 Baseline Rd #220 Boulder,CO 80303 Downtown Longmont 303.651.3939 512 4th Ave #101 Longmont,CO 80501 On Walnut 303.442.3180 1911 11th St #200 Boulder,CO 80302 Nederland 303.258.7020 286 N Bridge St Nederland,CO 80466 Lafayette 303.497.0588 109 N Public Rd Lafayette,CO 80026 Call for Hyper-Local Neighborhood Stats or an Accurate Estimate ofYour Home’s Value BEAUTIFUL CRAFTSMAN 1558 Cress Ct BOULDER $2,425,000, 6 Beds, 6 Baths, 6551 SqFt CUSTOM BUILT ON 2+ ACRES 2676 Grace Way MEAD $1,700,000, 5 Beds, 5 Baths, 7082 SqFt PRISTINE 20.32 ACRE EQUESTRIAN ESTATE 12621 Ute Hwy LONGMONT $1,000,000, 4 Beds, 3 Baths, 2344 SqFt DESIGNER FINISHES & GREEN EFFICIENCY 1333 Snowberry Ln LOUISVILLE $845,000, 4 Beds, 4 Baths, 3274 SqFt EXPANSIVE FLOOR PLAN W/ GREAT FLOW 736 Apple Ct LOUISVILLE $834,900, 4 Beds, 4 Baths, 3898 SqFt RAINBOW RIDGE FARMHOUSE 1976 Amethyst Dr LONGMONT $780,000, 5 Beds, 2 Baths, 3724 SqFt CUSTOM RANCH W/ VIEWS 4761 Wilson Dr BROOMFIELD $739,000, 3 Beds, 3 Baths, 3148 SqFt IMPRESSIVE VIEWS 1145 Ravenwood Rd BOULDER $725,000, 3 Beds, 2 Baths, 1995 SqFt SPACIOUS RANCH W/ WALKOUT BASEMENT 1174 Northridge Dr ERIE $700,000, 3 Beds, 3 Baths, 3556 SqFt CONTEMPORARY MOUNTAIN HOME 1813 Kiowa Rd LYONS $649,000, 3 Beds, 3 Baths, 2412 SqFt BEAUTIFUL CONTEMPORARY TOWNHOME 765 Robert St LONGMONT $498,000, 4 Beds, 4 Baths, 2303 SqFt MOVE IN READY DUPLEX 738 S Bowen St LONGMONT $479,900, 2 Beds, 1 Bath, 857 SqFt HUNTERS GLEN CHARMER 831 E 131st Pl THORNTON $440,000, 3 Beds, 2 Baths, 2505 SqFt PERFECT YARD FOR ENTERTAINING 3624 Pinewood Ct JOHNSTOWN $439,900, 4 Beds, 3 Baths, 3169 SqFt QUIET CORNER OF THE COMPLEX 1419 Red Mountain Dr 120 LONGMONT $359,000, 3 Beds, 4 Baths, 1784 SqFt CUTE AS A BUTTON 12705 Locust Ct BRIGHTON $280,000, 2 Beds, 3 Baths, 1088 SqFt INCREDIBLE RESTAURANT OPPORTUNITY 17268 Highway 119 BLACK HAWK $3,000,000, 8622 SqFt RARE PROPERTY - AMAZING LOCATION 44365 Peak to Peak Dr WARD $500,000, 4168 SqFt TRENDY PROSPECT WINE BAR SPACE 2020 Ionosphere St A LONGMONT $390,000, 1417 SqFt GREAT VISIBILITY FROM HWY 52 799 Ash Ave DACONO $324,990, 1980 SqFt PUBLIC NOTICE ORDINANCE NO. 1792, SERIES 2020 NOTICE IS HEREBY GIVEN that at a special meeting of the City Council of the City of Louisville, Colorado, held on March 31, 2020 at the hour of 7:00 p.m., at the City Hall, 749 Main Street, in Louisville, Colorado, the City Council held a Public Hearing on the passage and adoption of a proposed emergency Ordinance No. 1792, Series 2020. AN EMERGENCY ORDINANCE TEMPORARILY SUSPENDING CER- TAIN PROVISIONS OF THE LOUISVILLE MUNICIPAL CODE REGARD- ING PENALTIES FOR NON-PAYMENT OF WATER CHARGES INTRODUCED, READ, PASSED AND ADOPTED AS AN EMERGENCY OR- DINANCE AND ORDERED PUBLISHED IN FULL this 31st DAY OF MARCH, 2020. Ashley Stolzmann, Mayor ATTEST: Meredyth Muth, City Clerk ORDINANCE NO. 1792 SERIES 2020 AN EMERGENCY ORDINANCE TEMPORARILY SUSPENDING CERTAIN PROVISIONS OF THE LOUISVILLE MUNICIPAL CODE REGARDING PENALTIES FOR NON-PAYMENT OF WATER CHARGES WHEREAS,on March 15, 2020, the Mayor of the City of Louisville, pursuant to Chapter 2.32 of the Louisville Municipal Code and C.R.S. § 24-33.5-709, executed a Declaration of Local Disaster Emergency in and for the City of Louisville (the “Mayor’s Declaration”); and WHEREAS , by Resolution No. 27 adopted on March 16, 2020, the City Council continued in effect the Mayor’s Declaration until termi- nated by resolution of the City Council; and WHEREAS,on March 20, 2020, the Governor of the State of Colo- rado issued Executive Order 2020-12, which addresses public utility delinquencies and disconnections, and which urges the Public Util- ities Commission to work with all public utilities in the state to ad- dress impacts of COVID-19 on residential and small businesses; and WHEREAS,on March 22, 2020, the Governor issued Executive Or- der 2020-12, which orders Colorado employers to reduce in-person workforce by fifty percent due to the presence of COVID-19 in the state, and on March 25, 2020, Boulder County Public Health issued a “Stay at Home” Public Health Order in effect until April 17, 2020; and WHEREAS,as a result of these recent orders, most of the City’s residents will be sheltering in their homes for an extended period of time; and WHEREAS,the full economic impacts of COVID-19 cannot be de- termined at this time, but it is likely that some Louisville residents may find themselves unable to meet important financial obliga- tions; and WHEREAS,the City Council desires to grant such temporary re- lief to the City’s water customers as set forth herein during the time period in which the Mayor’s Declaration remains in effect; and WHEREAS,the City Council finds that an emergency exists be- cause the preservation of public property, health, safety, and wel- fare requires the City to take immediate action to ensure that all City water customers have continuous access to fresh, clean water during the COVID-19 Pandemic. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1 . Those provisions of Chapter 13.12 of the Louisville Municipal Code (Water Service Rates and Fees) addressing the matters set forth herein shall be, and hereby are, temporarily sus- pended in order to effectuate the following: A. Water service shall not be disconnected for delayed, missed, or partial payments of charges due for use of water; B. Any water service that has been disconnected for nonpayment or arrearages related to the impacts of COVID-19 will be reconnect- ed and payment of reconnection fees shall be waived; C. Late fees for past due balances shall be suspended; and D. Partial payments will be accepted and credited toward the bal- ance of charges due. Section 2. This ordinance shall become effective upon adop- tion, shall apply to disconnections and penalties incurred on and af- ter the date of the Mayor’s Declaration, and shall remain in effect until the disaster emergency declared by the Mayor’s Declaration, as continued in effect by the City Council, is terminated by resolu- tion of the City Council, and at such time the provisions of Chapter 13.12 suspended by this ordinance shall be reinstated without fur- ther action by the City Council. During the time when this ordi- nance is effective, and thereafter, all water rents and rates shall be a charge and lien upon the real property to which water service is provided from the time such rents are due, and shall be a perpetual charge against such property until paid, as provided in Section 13. 12.130 of the Louisville Municipal Code. Section 3.If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the re- maining portions of this ordinance. The City Council hereby de- clares that it would have passed this ordinance and each part here- of irrespective of the fact that any one part be declared invalid. Section 4 . The repeal or modification of any provision of the Municipal Code of the City of Louisville by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and pros- ecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such ac- tions, suits, proceedings, or prosecutions. Section 5 . All other ordinances or portions thereof inconsis- tent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. The City Council herewith finds, determines and de- clares that this ordinance is genuinely and urgently necessary for the immediate preservation of the public health, safety, and wel- fare because the COVID-19 Pandemic has presented an urgent need to ensure that all City residents and water customers have continu- ous access to fresh, clean water. INTRODUCED, READ, PASSED AND ADOPTED AS AN EMERGEN- CY ORDINANCE BY TWO-THIRDS OF THE ENTIRE CITY COUNCIL, AND ORDERED PUBLISHED this 31st day of March, 2020. Ashley Stolzmann, Mayor ATTEST: Meredyth Muth, City Clerk APPROVED AS TO FORM: Kelly PC, City Attorney Published: Boulder Daily Camera April 5, 2020--1697472 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, APRIL 15, 2020, from 3:00 P.M. to 7:00 P.M. VIRTUAL HEARING DURING CITY EMERGENCY CLOSURE VISIT THE FOLLOWING LINK 15 MINUTES PRIOR TO MEETING FOR ACCESS: https://bouldercolorado.gov/boards-commissions/beverage-licensing AGENDA 1. Agenda Item: i.Instructions for Zoom; ii.Thank you to 2019 Authority members and Swear- ing In of BLA Member iii.Member roll call; iv.Election of BLA Chair and Vice Chair; v.Approval of Beverage Licensing Authority (BLA) minutes from February 19, 2020 hearing; vi.Hearing agenda issues from licensing clerk ¶Show Cause Hearings for alleged violations originally scheduled for March 18, 2020 tabled as discussed with City Prosecutors until such time as later determined during the City Emergency for: 3 Margaritas XXX, Sancho’s Mexican Restaurant, and King Soopers 28 2. Matters from the Boulder Police Department. 3. Matters from the Responsible Association of Retailers (RAR). 4. General Public Comments for the Beverage Licensing Authority. 5. Continued Item:Larkburger of Colorado, LLC d/b/a Larkburger, 2525 Arapahoe Avenue, Unit H-2B, Boulder, CO 80302-4-month prog- ress report to the BLA. 6. Public hearing and continued consideration of an January 23, 2020 application from Everyday Stores, LLC d/b/a Everyday Store 5700, 1275 13th Street, Boulder, CO 80302; Harbans Lali, President, Gurbinder Virk, Member, and with Dange Padam, Store Manager, with a business mailing address of 1360 W 13th Avenue, Broomfield, CO 80020, for a renewal of a Fermented Malt Beverage-Off Premise type liquor license. 7. Public hearing and continued consideration of a January 9, 2020 application from Zeal Boulder, LLC d/b/a Zeal Food, 2280 Junction Place, Boulder, CO 80301; Wayde Jester, Owner and Registered Manager; with a business mailing address of 5370 Greenwood Pla- za, Suite 107, Greenwood Village, CO 80111, for a new Hotel- Restaurant type liquor license. 8. Public hearing and consideration of a February 18, 2020 applica- tion from Rusty2, LLC d/b/a The Rusty Melon, 6525 Gunpark Drive, Unit 380, Boulder, CO 80301; Rusty Greenlee, Member and Regis- tered Manager, Justine Myers, Member, with a business mailing ad- dress of P.O. Box 51, Laporte, CO 80535, for a new Hotel-Restaurant type liquor license. 9. Public hearing and consideration of a February 21, 2020 applica- tion from Landloch, LLC d/b/a Drift at the Rez, 5565 51st Street, Boulder, CO 80301; Josh Dinar, Member, Jeff Suskin, Member, Na- than Curry, Registered Manager, with a premise business mailing address, for a new Hotel-Restaurant type liquor license. PAGE 4E | SUNDAY, APRIL 5, 2020 DAILY CAMERA Boulder Daily Camera - 04/05/2020 Page : E05 � 2020 Daily Camera and Prairie Mountain Publishing, LLC. .Please read our Privacy Policy and User Agreement. Please review new arbitration language here. 04/05/2020 April 7, 2020 2:01 pm (GMT +6:00) Powered by TECNAVIA Public Notice Public Notice Public Notice Public Notice Public Notice Public Notice PLACE YOUR AD:303.466.3636 BOULDER/BROOMFIELD/LONGMONT OR 970.635.3650 LOVELAND OR FRONTRANGECLASSIFIEDS.COM Services Guide For sale by owner only. No refund for early cancellation. move yourKRXVH /LVW \RXU KRXVH DQG VWDUW SDFNLQJ $75,5 lines,30 days drive yourZKHHOV /LVW \RXU FDU DQG JHW UHDG\ WR UROO $10,3 lines,30 days TURN USED ITEMS into quick cash with Classifieds! PLACE YOUR AD Call 303-466-3636 or 970-635-3650. EMPTY YOUR GARAGE Have a Garage Sale this week. Call 303-466-3636, 970-635-3650, 719-275-5300 or 888-355-0935 SELL YOUR STUFF! List your stuff and get it done! Call 303-466-3636 970-635-3650 719-275-5300 888-355-0935 SELL YOUR STUFF! List your stuff and get it done! Call 303-466-3636 970-635-3650 719-275-5300 888-355-0935 SELL YOUR STUFF! List your stuff and get it done! Call 303-466-3636 970-635-3650 719-275-5300 888-355-0935 yp q 10. Matters from the Senior Counsel 11. Matters from the Licensing Clerk a.Expected Administrative Processing of Liquor License Transfer Applications: i. CDXX, LLC d/b/a Roxie’s Tacos (f/k/a Sko Lounge), 1325 Broadway, Unit 201, Boulder, CO 80302, for a transfer of a Hotel- Restaurant type liquor license ii. Punjabi 2 Corp d/b/a Bailey’s Wine & Spirits, 4800 Baseline Road, Unit E 101, Boulder, CO 80303, for a transfer of a Retail Liquor Store type liquor license iii. Ashkara II, LLC d/b/a Ashkara, 1043 Pearl Street, Boulder, CO 80302, for a transfer of a Hotel-Restaurant type liquor license b. Originally scheduled renewal applications that will be adminis- tratively processed: i. West End Tavern ii. Santo iii. Jaipur Indian Restaurant iv. Post Brewing Boulder c.Breweries,Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room: i. First Corked, LLC d/b/a Silver Vines Winery for a Limited Winery License at 2037 13th Street, Boulder, CO 80302- no state application yet received d. Informational items i. March & April Liquor License renewal mailing list ii.LED Email – 02/26/2020 – LED – Proposed Amendment to SB 20-110 iii. LED Email – 03/12/2020 – LED – Calculation Fact Sheet SB 20- 110 iv. LED Email – 03/12/2020 – LED – Trade Show Regulation Hear- ing Reminder v. LED Email – 03/12/2020 – LED – Call-In Information for Trade Show Regulation Hearing on 03/16/2020 vi. LED Email – 03/13/2020 – LED – Bulletin 20-2 Lawful Product Returns for Event Cancellations Attributable to COVID-19 Concerns vii. LED Email – 03/17/2020 – LED – Operation Updates 12. 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. 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 Wednesday April 1, 2020 Mishawn J. Cook, Licensing Administrator, CMC Published: Boulder Daily Camera April 5, 2020--1697462 NOTICE OF CANCELLATION and CERTIFIED STATEMENT OF RESULTS §1-13.5-513(6), 32-1-104, 1-11-103(3) C.R.S. NOTICE IS HEREBY GIVEN by the STC Metropolitan District MD 1, Boulder County, Colorado, that at the close of business on the sixty- third day before the election, there were not more candidates for director than offices to be filled, including candidates filing affidavits of intent to be write-in candidates; therefore, the election to be held on May 5, 2020 is hereby canceled pursuant to section 1- 13.5-513(6) C.R.S. The following candidates are declared elected for the following terms of office: Name Term James A. Brzostowicz Second Regular Election, May 2023 Angie Hulsebus Second Regular Election, May 2023 Terry Willis Second Regular Election, May 2023 Guy Anthony Harrigan Next Regular Election, May 2022 Vacant Next Regular Election, May 2022 /s/ Peggy Ripko (Assistant Designated Election Official) Contact Person for the District: Peggy Ripko Telephone Number of the District: 303-987-0835 Address of the District: 141 Union Boulevard, Suite 150, Lakewood, CO 80228 District Facsimile Number:303-987-2032 District Email: pripko@sdmsi.com Published: Boulder Daily Camera April 5, 2020--1697723 Notice of Final Settlement Pursuant to Colorado Revised Statutes, 1973, as amended, Section 38-26-107, public notice is hereby given that final payment will be made to: Vendor Name: Eco-Matrix, LLC PO Number: 2018000408 For Construction of: 2019 Sanitary Sewer Rehab Program For information on filing a claim, please contact the City of Boulder FinanceDepartment at 303.441.3230 or visit our City website www.bouldercolorado.gov Published: Boulder Daily Camera March 29, April 5, 2020-- 1695657 Services Firewood Log Homes Plumbing Window Cleaning DRIVE YOUR WHEELS! 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Call for quote today! 303-912-9411 Locally Owned & Operated, Insured. topwindowcleaning.com Gutter & Yard Cleaning * FREE Estimates * * 720-400-6496 * * Reasonable Rates * DAILY CAMERA SUNDAY, APRIL 5, 2020 | PAGE E5 April 9, 2020 Matthew Califano 1099 Marine St #6 Dear Matthew, On behalf of the Boulder City Council, it is my pleasure to welcome you to the Beverages Licensing Authority. The City and City Council greatly rely on the work of dedicated volunteers such as yourself. You will be contacted by your City staff liaison regarding your appointment and the meeting schedule of your board or commission. Sincerely, A complimentary Eco Pass is provided to all board and commission members in recognition of volunteer service. Contact your board secretary about this process. If you have any additional questions please contact Debbie Stamp, Acting Deputy City Clerk, 303-441-3008. Sam Weaver Mayor Boulder, CO 80302 City of Boulder City Council Mayor: Sam Weaver Mayor Pro Tem: Bob Yates Council Members: Aaron Brockett, Rachel Friend, Junie Joseph, Mirabai Nagel, Adam Swetlik, Mark Wallach, and Mary Young Mishawn Cookcc: Rich Denig From:Nathan Dewey To:Mazurkiewicz, Beata; Teague, Kristen; Cook, Mishawn; Yslas, Jon Subject:RAR will not attend BLA meeting tomorrow 3/18 Date:Tuesday, March 17, 2020 2:10:38 PM Attachments:RAR BOULDER MEMBER LIST as of 3-17-2020.docx RAR BOULDER MEETING AGENDA 2-13-2020.docx External Sender Good afternoon BLA, Liquor Licensing Staff and all others, I may be wrong, but I do not believe I have received any communications concerning the BLA meeting/hearings guidelines during this time of CoronaVirus tomorrow. In any event, I/we will not be in attendance tomorrow, if it is happening, I have been told by my boss that we are to follow guidelines/recommendations set forth by Federal/State/Local governments as concernings meetings and social events. As well, I have a son who has a compromised immune system and my wife and I have decided to work from home and minimize contact/social distance ourselves. RAR will continue to run, however, the ID Compliance checks have been put on hold as is per the Governors orders yesterday evening that bars and restaurants be closed. When we are able to, we will resume the ID Compliance checks, ASAP! As well, TiPS trainings have been postponed, for March, as the Boulder Public Library locations have been closed and this is where we hold our trainings, and again we want to avoid groups larger than 8 to 10 as has been suggested by the government. We will hold extra trainings to make up for the postponed trainings this month. We will also offer additional trainings in the coming months when things calm down. Secondly, I am working on a way to do TiPS trainings online, should this go beyond the time allotted for cancelations thus far. I understand the BLA requires In-person Trainings and my hopes are that the BLA will continue to support the RAR trainings as being qualified/meeting their requirements until we are able to meet in larger groups again. The trainings will be exactly the same. I use a PowerPoint presentation in all my trainings and will be able to share this with the participants, as well, I will be on the video, which enables me to continue the fake ID training section and all other visual aides during the "normal trainings" If you will still be holding the meeting and there is a way to join you via internet video chat or something like this, I would be more than happy to join you and report on that forum. I can as well send along a written report if you would like. I will continue to recruit for members of liquor stores and dispensaries for as long as they keep their doors open as well. I have included the updated membership list in the attached document, as was requested quarterly at the last hearing. I have also included the February agenda for the Boulder Member Meeting, as was discussed too. I will send in th attendance sheet for the February meeting, ASAP as well. If the BLA or the Licensing Staff requires more info form me or any requests, please let me know. Thank you all and I hope to see you all in person in the near future. I am available should you need anything more from me. Thank You, Nathan Dewey RAR Director RAR BOULDER COUNTY CHAPTER MEETING AGENDA 02.13.2020 I. Intro: Newest members: Native Roots - Cannabis ` Possible Future Members: Torchy’s Tacos – Alcohol- Larimer & Boulder RAR LivWell – Cannabis II. Administrative & Meeting: 1. Welcome 2. New partnership under Partners Mentoring Youth: Why this is the best thing ever for RAR! 3. Website is down – new one being made 4. Changes in TIPs / TenderWise Training’s – Email Me to Register , for now…. 5. 2020 Meeting & Training Schedules are out: We need places to hold the meetings: Volunteers? 6. ID Compliance Checks are back on!!!! 7. Alcohol-Impaired Driving Data for Colorado: Still going strong 8. RAR Hot Topics: Give me your input. What would you like to see in 2020? III. RAR Hot Topic and/or Guest Speakers: Colorado’s Digital ID i. What is it? ii. Do I really have to accept them now? iii. How to catch fake or fraud in the ID’s? iv. What questions do you have for me or the LED? IV. RAR Colorado: Updates!!! 1. Boulder County Chapter: We are creating the first ever RAR for Cannabis in Boulder County. We were approved as a Mitigating Benefactor in their MAP Board 2. Weld County Chapter : We are officially launching in the area this month V. TEAM W & P Announcement: 1. Expect 2 to 3 Checks over the next 2 months 2. Sharing of the Green VI. Social Media: Website: www.rarcolorado.org Twitter: RAR / @ larimerRAR Instagram: rar_specialist Facebook: “Responsible Assoc Retailers” RAR BOULDER COUNTY SCHEDULES : ROUGH DRAFT Member Meetings: 2/13 : Bohemian Biergarten 4/14 : TBD 6/23 : TBD 8/18: TBD 10/6: TBD 12/15 : END OF YEAR : TBD 2020 RAR BOULER COUNTY TiPS TRAININGS: 2/26- ON PREMISE 3/18- OFF PREMISE-BPL- Arapahoe Room 3/25- ON PREMISE-BPL-Boulder Creek Room 4/29 -ON PREMISE-BPL-Boulder Creek Room 5/20 – OFF PREMISE-BPL-Eldorado RM 5/27 – ON PREMISE=BPL-Boulder Creek rm 6/24 – ON PREMSIE- BPL-Boulder Creek Rm 7/15 – OFF PREMISE- Arapahoe rm 7/22 – ON PREMISE-Boulder creek room 8/19 – ON PREMISE 9/16 – OFF PREMISE 9/30 – ON PREMISE 10/28 – ON PREMISE 11/11-OFF PREMISE 11/18 – ON PREMISE 12/10 – ON PREMISE *** trainings are subject to change*** ***trainings from August to December will be finalized as soon as BPL schedules allow*** RAR BOULDER MEMBER LIST as of 03/17/2020 • I am still in the process of going through the member lists given to me by the RHG, some of it was out of dates so I am weeding out all “active” and “non-active” establishments. I am making sure all these locations still exist and/or are still in operation, as I have found there are some that do not exist any longer or no longer are members. I will continue to update you all monthly as I get the most solid list possible. 1. A-M Holdings (Alfalfa's) 2. Arcana / Rosetta Hall 3. Attic 4. Avanti F&B 5. Bar Taco 6. The Barrel - Boulder 7. Big Red F (JAX Fish House) 8. Big Red F (West End Tavern) 9. Big Red F (Post Brewing) 10. Big Red F (Zolo Grill) 11. Big Red F 12. The Bitter Bar 13. Bogey's 14. Bohemian Biergarten 15. Bottles Wine & Spirits 16. Boulderado 17. Boulder Beer - Wilderness 18. Boulder Beer - Walnut 19. Boulder House 20. Boulder Wine & Spirits 21. Boulder Wine Merchant 22. Bru 23. Cantina Laredo 24. Centro Mexican Kitchen (Big Red) 25. City of Boulder 26. City of Boulder – PD 27. Boulder County 28. Cosmos 29. CO Restaurant Association 30. CU PD 31. Dark Horse 32. E-Town Hall 33. Emerson Restaurant 34. Eureka 35. FATE Brewing 36. Fiske Planetarium 37. Frasca Inc 38. Full Cycle (The Tune Up) 39. Half Fast Subs 40. Harpo's (CHANGED TO RALPHIE'S BAR & GRILL) 41. Hazel's 42. Highland City Club 43. L'atelier 44. Lola’s 45. Lucky's Market 46. Lucky's Market - NOBO 47. Lucky’s Market - SOBO 48. Mountain Sun 49. Cosmo's 50. No Name Bar 51. Cobbers (Outback Saloon) 52. Pizza Bar 66 - Lyons 53. Pearl St. Pub 54. Pearl St. Pub / Nitro Club 55. Petty John's 56. Press Play 57. Proto's Pizza 58. Proto's Gunbarrel 59. Rayback Collective 60. Boulder Food Pk (Rayback Collective) 61. Red Agave 62. Redkin Wings (in Hilltop Food Court) 63. Residence Inn - Mariott 64. RIO 65. River and Woods 66. Rose Hill Wine & Spirits 67. Rosetta Hall 68. Rueben's Burger Bistro 69. Sand Wedge Bar & Grill 70. Pladd LLC 71. Sko Lounge 72. Snooze 73. Southern Sun 74. Sushi Hana 75. Bow Tie Cafe (Sun Deli & LQ) 76. Boulder Sundown Saloon 77. Tahona Tequila Bistro 78. Vishnu Inc. (Taj Restaurant) 79. Ted's Montana Grill 80. Boulder DT The Corner 81. The Spot 82. The Sink 83. West Flanders 84. Timberline Brewing (Twisted Pine) 85. Twisted Pine Brewery 86. Under The Sun 87. University Memorial Center 88. UMC - The Connection 89. UCB 90. U of C Boulder 91. D-Spite LLC (Viking Spirits) 92. Walrus(???) 93. Wild Standard 94. William Olivers - Lafayette 95. Willow Liquor 96. Z Trip 97. Z2 Entertainment – Fox Theater 98. Z2 Entertainment – Boulder Theater 99. The Side Door Saloon 100. The Barrel 101. Fuzzy Tacos – (Longmont/Boulder County) 102. Wing Shack – (Longmont/Boulder County) In the process of becoming a member: 1. Torchy’s Tacos 2. Ska Brewery 1 Yslas, Jon From:Krista Ashford <kashford@dillanddill.com> Sent:Thursday, March 12, 2020 1:30 PM To:Yslas, Jon Subject:FW: Larkburger Larkburger has brought in a new consultant to oversee operations and the new consultant is still in the process of assessing and optimizing operations. There are a lot of items on the agenda to optimize so he has been prioritizing. The current management team is working with him and is still in process of pulling together all the documentation necessary to schedule an inspection. Krista Ashford Licensing Specialist Dill Dill Carr Stonbraker & Hutchings, P.C. 455 Sherman St., Suite 300 | Denver, CO 80203 303.282.4113 | 303.777.3823 (fax) kashford@dillanddill.com | www.dillanddill.com E-Mail Confidentiality Notice From: Caleb Sevian <csevian@focuspointstrategy.com> Sent: Wednesday, March 11, 2020 5:22 PM To: Krista Ashford <kashford@dillanddill.com> Cc: Amber Morris <amorris@larkburger.com>; Kyle Woods <kwoods@larkburger.com>; Thomas Beltran <tbeltran@larkburger.com>; Adam Stapen <astapen@dillanddill.com> Subject: RE: Larkburger Yes, if you feel that my description is sufficient please send it through. If you feel like it needs to be augmented, please let us know and we’ll work to add to it. Thanks, January 21, 2020 STUDIO SLATE ARCHITECTURE BRIAN MARTIN 1630 S S SAINT PAUL DENVER, CO 80210 RE: Letter of Completion Job Site Address:2525 ARAPAHOE AVE H2B Permit Number:BLD-NRE2019-00001 Description of Work:Interior tenant remodel for unit H2B for new Lark Spot restaurant, replacing previous tenant Tokyo Joes. To include update of interior finishes. Building occupancy and use to remain unchanged. HVAC, plumbing, and fire sprinkler rework to be minimal. Light to be updated to comply with current Boulder energy codes. *Site-wide outdoor lighting compliance under NRE2019-00042* Dear Property Owner or Contact of Record: This is to notify you that our records indicate the above referenced project is complete and all required final inspections were approved. The project is in compliance with the minimum standards as required by Boulder Revised Code, 1981, Chapter 10, and other applicable local building code regulations. Please retain this Letter of Completion for your records. Witness my hand and official seal. ______________________________________ Chief Building Official Signature City of Boulder- Finance Dept. 1136 Alpine Ave Boulder, CO 80302 licensing@bouldercolorado.gov (303) 441-4192 (303) 441-1919 (FAX) February 12, 2020 Sent Via Certified Mail, and via email mac4748@aol.com Harbins Lali Everyday Stores LLC d/b/a Everyday Store 5700 License # 04-00683 1360 W 13th Ave Boulder, CO 80020 Re: Fermented Malt Beverage Type Liquor License Renewal Application at 1275 13th Street, Boulder CO 80302. Dear Mr. Harbins Lali: Please allow this letter to serve as written notice that a BLA renewal hearing will be required to determine if there is good cause for non-renewal of your annual liquor license. To recap, the city is in receipt of the state and city license renewal applications and applicable fees for our license which we received timely on January 23, 2020. However, on November 20, 2019, the Beverage Licensing Authority requested your license be put on a non-administrative renewal due to unapproved beer coolers being used prior to the approval of a modification of premise application as discovered at an inspection by our staff on November 7, 2019. Our local Rules of Procedure preclude me from approving a license renewal via Summary Approval (see attachment 1) if there is evidence that indicates that the licensee is not operating in accordance with the BLA Rules or other requirements. Please see the BLA rules related to licensed premises (see attachment 2) and Colorado State Liquor Code related to licensed premises (see attachment 3). In addition, the mentioned Rules direct that the Licensing Clerk has an affirmative duty to review enforcement data related to your establishment, but I am unaware of enforcement issues with your business. Therefore, your LLC will be set for a license renewal hearing before the Boulder Beverage Licensing Authority (BLA). Among other factors at the discretion of the BLA, the conditions that you should be prepared to address in your renewal hearing, include but are not limited to: City of Boulder- Finance Dept. 1136 Alpine Ave Boulder, CO 80302 licensing@bouldercolorado.gov (303) 441-4192 (303) 441-1919 (FAX) a. All employees involved in the services of alcohol, including, without limitation, managers, bartenders, and servers, shall attend a state-certified Responsible Vendor alcohol service class within two months from the initial approval of this licenses. New employees shall take such class within two months of their hire. Re -certification must be undertaken so that they remain current with training. Online training is stated not to meet this city condition. Included in your renewal application was proof of employee training, however, two employees submitted training cards for “e-tips” and not on-premise training. Additionally, it should be noted that the BLA has recently reduced the allowable time period for training employees from three months to two months from the date of employee hire, effective January 21, 2020 (see attachment 4). b. Licensees should be prepared to address any questions raised as to non- compliance with 1 CCR 203-2 Colorado Liquor Rules (pertaining to Fermented Malt Beverage type Liquor Licenses), (see attachment 5) c. Licensees should be prepared to address the operation of their licensed premise in consideration of applicable State law, including but not limited to §44-3-302, C.R.S and BLA Rules of Procedure, Subsection 8-1-9 which states, “Subsection 8-1-9 Grounds for Non-Renewal of License. Objections to renewal of a license must be for good cause. Evidence of good cause to deny a renewal may include, but shall not be limited to, the following: (A) Evidence that the licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Colorado Liquor Code or any related rules and regulations; (B) Evidence that the licensee or applicant has failed to comply with any special terms or conditions that were placed on its license in prior disciplinary proceedings or arose in the context of potential disciplinary proceeding; or (C) Evidence that the licensed premises have been operated in a manner that adversely affects the public health, welfare or safety of the immediate Neighborhood in which the establishment is located, including a continuing pattern of fights, violent activity or disorderly conduct.” “Disorderly conduct” has the same meaning as in §18-9-106, C.R.S You will then be scheduled and are hereby ordered to be at the Municipal Building, 2nd Floor, City Council Chambers, 1777 Broadway, Boulder CO 80302 on Wednesday, March 18th, 2020 at 3:00PM to determine if there is good cause not to renew your annual liquor license. You may bring a legal representative to this hearing but are not required to do so. You or an employee should visit my office on Wednesday, March 4, 2020 after 12 noon to pick up a hearing notification poster, and such poster should be conspicuously posted on your premises (for instance, on your front door or front windo w glass) at least by Saturday, March 7, 2020 and should remain posted for the 10 day period until your renewal hearing. If you wish to submit any additional materials for the BLA renewal hearing, you should supply to City Licensing those materials that you would like to provide to the BLA for th is matter by Monday, March 9, 2020. CITY OF BOULDER LIQUOR LICENSE APPLICATION This application must be filed in duplicate with the City of Boulder Licensing Office. All Information must be printed legibly in ink or typewritten. Zeal Boulder LLC Applicant's Business Name: ____________________________ _ Zeal -Food for Enthusiasts Trade Name: ________________________________ _ Phone Number: __________ _ 303-489-2191 Wayde Jester Contact Person: ______________ _ 2280 Junction Place, Boulder CO 80301 Business Address: _______________________________ _ 5370 Greenwood Plaza Blvd, Suite 107, Greenwood Village, CO 80111 Mailing Address: _______________________________ _ Property Owner: SREIT HP BOULDER PROPCO, L.L.C. Phone Number (local): _______ _ Schulte Hospitality (303) 442 0160 Property Manager:_____________ Phone Number (local): • P M r' M ·1· Add 2000 High Wickham Pl #300, Louisville, KY 40245 roperty anage s a1 mg ress: _________________________ _ . Wayde Jester 303-489-2191 Registered Manager or Manager of Record:________ Phone Number (local): _______ _ The Applicant hereby applies to the City of Boulder Beverage Licensing Authority (BLA) for the following city liquor license and pays the following fees: Type of Application (fee): w:i New License: $1,000.00 o Change of Location: $750.00 o Change in Class: $750.00 Type of License (fee): w:i Hotel-Restaurant: $75.00 o Hotel-Restaurant w/ Optional Premise: $75.00 o Beer and Wine: $48.75 o Club: $41.25 o Resort Complex: $75.00 o Race Track: $75.00 o Vintner's Restaurant: $75.00 o Fermented Malt On-Premise: $3.75 D Bed and Breakfast Permit: $125.00 Total D D D D D D D D D D D Transfer of Ownership: $750.00 Temporary License for Transfer: $100.00 Tavern: $75.00 Retail Liquor Store: $22.50 Brew Pub: $75.00 Arts: $41.25 Liquor Licensed Drug Store: $22.50 Lodging & Entertainment: $75.00 Distillery Pub: $75.00 Fermented Malt Off-Premise: $3. 75 Art Gallery Permit: $103.75 Total o Manager Registration-if separate from owners (H&R and Tavern): $75.00 Total Fees: $ 1,075.00 ------------ 1 All APPLICANTS MUST ANSWER THESE 21 QUESTIONS (PLEASE ATTACH A SHEET IF MORE SPACE IS NECESSARY): 1) Describe the nature of the proposed establishment and the target market (i.e. restaurant, tavern, live music, sports bar, families, college students). Please attach a food and drink menu for the BLA. Full service restaurant serving breakfast lunch and dinner 2) What are the proposed hours and days of operation for this establishment? 7 days a week from Qam to 1 0pm 3) What is the seating capacity of this establishment? 71 indoor-plus 50 patio 4) Have you applied for an "occupation load" for the interior and exterior space from the Boulder Fire Department? No 5) Do you have an emergency plan for your business (exit locations, fire suppression etc.)? Yes,. we have two exits with breakbars, automatic fire suppression as per code, and fire extinguishers 6) How many individuals will be employed at this proposed establishment and how many will be full-time vs part- time? We estimate 15 full time and 15 part time 7) Describe each owner's past training and experience in the sale and service of alcohol, including any special or certified training received. The owner and liquor license manager has maintained a liquor license in Boulder for 5 years at a previous restaurant. The manager is also TIPS certified with a curre·ntly active certification. 8) Describe your proposed Registered Manager or Manager of Record's past training and experience in the sale and service of alcohol, including any special or certified training received. The manager will ensure that all employees receive alcohol service trainin~ and TIPS certification, will conduct regular meetings and practice the procedures for responsible alco ol service. 9) Beside state-approved Responsible Vendor training classes which are a condition of city licensure, what other types of training are proposed for the employees in the safe and legal sale and service of alcohol beverages? Since the employee and managers can be personally liable, we will stress the importance of consistent practices and engage with our employees on a regular basis to reinforce 10) What policies and procedures do you have in place to determine a patron's level of intoxication? We will monitor the number of drinks served in a given time period and examine the patron for visible signs of mtox1catlon m case they amve tn a state of intoxication to deterrmne 1f ,rs safe to serve the patron alcohol 11) What policies and procedures do you have in place to refuse service to a patron? We train our employees to offer alternative beverages or food, to seek the assistance of a manager if the patron presents a problem, and to always maintain professional and obJecl1ve demeanor. 12) Describe any other types of training or operating procedures that employees will be following in the day to day operations of this proposed establishment. We will card anyone who looks under the age of 30, we will train our people to suggest food and alcoholic beverage pamngs. 2 13) What methods will be used in checking identification for proper age of patrons (at the door, at the bar, etc.) and how will underage patrons be identified so as not to be served alcohol (hand stamp, wrist band, etc.)? As a healthy food restaurant we will not be a target of late night drinking, and our methods will be direct examination of valid 1dentmcation 14) What types of entertainment will be offered, if any, at this establishment (i.e. music, pool, dance floor etc.)? None 15) Do you plan to have any exterior amplified sound? No plans for outside amplified sound 16) What types of security, if any, will be provided at this establishment? No plans for hired security 17) What time will your kitchen close each night? Describe your food plans after your kitchen closes. The kitchen and bar will close at the same time 18) What is the estimated ratio of food to alcohol sales at this establishment? At our previous Zeal in Boulder, we sold 10% alcohol as a percentage of overall sales. We expect simuar ratios at the new restaurant 19) If you have an outside patio, what additional means of control (added staff, fencing, sightline, etc.) will you employ? The patio is fenced 20) Have you included your written alcohol policy with your application? If not, when will it be available? For assistance with an alcohol policy you may contact the Responsible Association of Retailers on our website. Please see attached excerpt from our employee manual 21) If you plan on hosting a "private party'', what extra measures will you take regarding security, staffing, and control of noise and alcohol service? A "private party'' is described as, "an event where there is a single contact person who represents group of people who are gathering for social and/or business reasons, then event continues after 10PM, there will be both underage and of-age people present, and there will be enough people to constitute an occupancy capacity of 75% or greater." It we ngaged h~ a n ,~• t a private parqc we · e extra diligent in managing cesponsible Applicant must complete Oath on page 4 of this application. 3 OATH OF APPLICANT I declare under penalty of perjury In the second degree that this application, my answers, and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to know and to comply with the provisions of the State of Colorado Liquor and Beer Codes, State Liquor Regulations, and all City of Boulder Rules, Regulations, and Codes which affect my liquor license. Auth~ Manager Title Wayde Jester Print Name 12/28/19 Date 4 Zeal Al~ohol Serving Policy As a Restaurant that sells_ alcoholic beverages, we are committed to sensible, socially responsible consumption of alcohol. We help to ensure our custom.ers' and other members of th·e community's safety by educating our employees on responsible service and management of alcohol. We want our customers to enjoy alcoholic beverages in moderation, but if a customer shows signs of drinking too much, a manager should become informed immediately. Employees who serve customers, must abide by the Restaurant's policies on alcoholic beverage service: We will not knowingly allow anyone on our staff that is under the legal drinking age to serve or dispe~se alcoholic beverages. We will not serve alcoholic beverages to an intoxicated person. We will not knowingly serve a person alcoholic beverages to a person under the legal drinking age. It is our policy to card ~nyone who appears to · ... ,r•'"" be under 30 years old. We will offer nonalcoholic alternatives such as soft drinks, coffee, juice, etc. The Restaurant will provide a complimentary Uber or Lyft ride for intoxicated customers. lunch/ dinner I J:all Season zeaJ Trade up to a delicious meal that feeds your soul while nourishing your body. It's all right here at zeal. small plates STIR-!=RltD tDAMAMt 8 AVOCADO on the l-lALI= Sl-lt;:LL chiles, sesame seed and dashi ff J Vo zeal beet vinaigrette, pepitas, sea salt V WOK Cl-lARRtD CAULll=LOWtR g ZOODLtS and Cl-llCKtN tahini dressing; pickled peppers, raisins-V marinate~r ru~ini, garlie-, pesto AVOCADO TOAST ON MUL TIGRAIN BRtAD g CRISPY !=INGtRLINGS with CI-HMICl-lURRI V w/ Aleppo pepper and rosemary oil V J l=ALAl=tl with Cl-lARRtD tGGPLANT POTATO Cl-llP PORK NACl-lOS g tahini dressing and pickled peppers V fresh cotonut oil chips, pork !koulder, cheese, salsa avocado \j KABOCl-lA SQUASl-1 with MISO BROTl-1 TOSTONtS style PLANTAINS 8 Japanese home style with chickpea miso and soy V ff with black bean sauce, tomatlllo salsa verde, and lacto- fermented hot sauce V J soup and salad DAILY SOUP cup or bowl 5 -8 BONt BROTl-1 with quinoa, greens, rosemary oil 7 CONSCIOUS KALt massaged kale, golden beet, pickled carrot, I 0 sprouted lentils, walnuts, lemon vinaigrette V GRILLtD CAtSAR romaine, vegan caesar dressing, brazil nut "parm" 9 WARM BRUSStLS SALAD crispy Brussels sprouts, sweet potato, quinoa, cranberry with mixed greens, lemon vinaigrette V DtLICAT A SQUASl-1 SALAD roasted squash. granny smith apple, candied w1lrmts, cotija cheese mixed greens and zeal beet vinaigrette Vo 4 10 6 8 6 10 10 • • • add ons: tofu (3), egg (2), bacon (4), lamb meatballs (6), falafel (3), salmon (7), chicken (4), shrimp (6), steak (6), avocado (2) • • • sandwiches fl all sandwiches served with greens and house dressing. Sub roasted fingerlings (+2), sub G.F. bread (+1.5) JALO-PORK SAMMY bacon wrapped roasted and cheddar stuffed jalapeno atop slow roasted pork, orange-samba! oelek reduction, ciabatta ~ Tl-It BU RGtR choose local lamb or grass-fed beef, with smoked paprika aioli, house pickles (add cheddar +1} C~ISf>Y ~OCK~IS~ SANDWIC~ avocado, tomato, tartar sauce VtGGlt SANDWICl-1 chickpea-carrot falaf eJ, vegan aioli, avocado, tomato, pickled onion, ciabatta V ff Cl-llCKtN SANDWICl-1 basil-jalapeno aioli, melted peppers J V(;GGI~ WIMP gf wrap, hummus, kale, beets, pickled carrots, avocado, tahini dressing, sprouted lentils• V 15 15 14 13 13 12 house dressings -lemon vinaigrette, rosemary vinaigrette, tahini, citrus vinaigrette, chili vinaigrette, sesame dressing, diavolo sauce, curry sauce • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • No GMOs, no compromises. We cook using organic 100% coconut oil, and for sauces and low temps organic e.v.o.o. zeal makes every effort to source all organic ingredients unless noted (C) -PLEASE TELL YOUR SERVER IF YOU HAVE A FOOD ALLERGY. Zeal practices a cooking style of very low use of common allergen foods unless noted. \Ji Dairy ff Soy y Vegan ENTHUSIAST DE CUISINE -CHEF FERNANDO ESPINO DE LA CRUZ Wheat Nuts www.zealfood.com -5370 Greenwood Plaza Blvd, Greenwood ViUage CO 80111 -720.708.6309 --'chili or Spicv Pepper ~ v HoneyVegan V n Vegan Ontion lunch/ dinner I l=all Season zea] -food for enthusiasts a"ai bowls [ah-sigh-EE] v BRAZILIAN granola, Brazil nuts, bananas, local honey KONAcoconut, pineapple, banana, cashews ( SMALL LARGE : PINl::KI swirl of peanut butter, with banana, almonds, honey : 9 16 : :. · · · · · · · · · · · · · · · · · · · · · · · · .: GRIN GO topped with zeal granola, pineapple and mixed berries INCA maca, kale,·cacao nibs, hemp nuts signature bowls MIG~TY BOWL sauteed kale, chickpeas, pickles, sprouted lentils*, quinoa, beets, tahini dressing V POKE;:BOWL albacore, brown rice, cucumber, avocado, roasted seaweed, spicy aioli ff J:ALL TACO BOWL black and garbanzo bean succotash, grains, sweet potato, cotija cheese, fresh avocado, pico de gallo, and ranchero salsa Vo RAME;:NBOWL with greens, pickled carrot, slow poached egg, choice of Gulf Shrimp or Slow Roasted Pork ff MISOBOWL mushrooms, greens, broccoli, tomato, eggplant, chickpea miso broth, brown rice MACRO BOWL house ferments, nori, raw sprouted lentils*, tofu, brown rice, sesame dressing V .,,J 13 15 15 16 15 14 If Bowl add-ons: tofu(3), egg(2), bacon(4), lamb meatballs(6), falafel(3), salmon (7), chicken(4), shrimp(6), steak(6), avocado(2) Substitute cauliflower rice for brown rice or quinoa (1) house dressings -lemon vinaigrette, rosemary vinaigrette, tahini, chili vinaigrette, sesame dressing, diavolo sauce, curry sauce main plates RAINBOW CURRY with roasted vegetables, coconut curry sauce with side grain. add fried tofu (+3) V .,,J 14 VtGAN GI= NOT-so-MAC N' C~ttSt cashew cheese, caramelized onion and mushroom, basil pesto, and diavolo sauce VJ 15 LAMB MtATBALLS ragout of white bean, summer squash, roasted eggplant, with chimichurri ..J ti BLACKtNtD ROCKl=ISI-I TACOS three soft corn tacos with cabbage, mango, corn, avocado, cilantro, lime GRASS l=tD Bttl= BRAISt locaiiy raised grass fed beef, massaman curry, cashews, carrots, potatoes, greens ..J WALNUT CRUSTtD WILD SALMON with mashed sweet potatoes and hearty garlic roasted vegetables GARLIC MASl-ltD POTATOtS AND ROAST CI-IICKt;:N DRUMS & TI-IIGI-IS with roasted vegetables 16 17 26 22 19 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • No GMOs, no compromises. We cook using organic 100% coconut oil or organic extra virgin olive oil for sauces and low temps zeal and our purveyors make every effort to source all organic ingredients PLEASE TELL YOUR SERVER IF YOU HAVE A FOOD ALLERGY. Zeal practices a cooking style of very low use of common allergen foods unless noted. tJ Dairy ff Soy V Vegan •Raw foods can be hazardous, and consuming raw or Ul'ldercooked meats, poultry, seafood, shellfish or eggs may inGrease 'Yl)lR' risk Elf feed heme iUness, p81'tiG\alarly if ye11-h$ve Genai& me~al-ooadi\ieBS, www.zealfood.com -5370 Greenwood Plaza Blvd, GreenwoodVillageCOaom -720.708.6309 Wheat Nuts ..J Chili or Spicy Pepper V HoneyVegan V n Vegan Ontion beverage and juice bar I l=all Season Whole fresh ingredients, all out in the open, free of the bad stuff and full of zeal. organic cold pressed juices SM LARGE GRttN kale, cucumber, celery, lemon, ginger 6.5 NOT SO ORANGt carrot, pineapple, cucumber, apple, lemon, basil RED beet, apple,ginger, lime SLJN.KISStD pineapple, lemon, cucumber,jalapeno JUICt t=LIGJ-IT a short pour of our daily juices CLtANSt SJ-IOT ginger, apple cider vinegar, lemon, turmeric root, cayenne pepper organic smoothies 9 BERRY GOOD mixed berries, banana, pineapple, zeal "orange" juice BRASS MONk:EY banana, almonds, peanut butter, maca, almond milk CARROT CAk:E carrot, banana!..singer, turmeric, date, cashew, cinnamon, coconut milk fl GREEN ALllALIZER spinach, kale, avocado, ginger, chia, cinnamon, dates, with green juice, almond, hemp or coconut milk MOTHER EARTH blueberries, a~ar, banana, peanut butter, coconut oil, hemp, chia cacao nibs, almond milk (optional! coffee beans) PBt!-J peanut butter, berries, banana, zeal "orange "juice, coconut milk THE PSL yep ... us too, BUT it's a smoothie without added sugar and with pumpkin splce, walnuts, tpic van.Ila lucuma protein powder, banana, sweet potato, almond milk. (optional: coffee beans) PRO-T SHAk:E tpic chocolate maca protein powder, sweet polafo, banana, cherry, apple, peanut butter, almond milk 9 8 3.5 add to any a~ai bowl or smoothie l=RUii ~ v~c 2.6 <SfH~R C66Di~s banana pineapple zeal granola benymix avocado cacao nibs dates apricot coconut shreds kale peanut butter S UPER l=OODS 1.5 chia maca cacao powder flax hemp nuts hemp powder spirulina Sprouted Living EPIC protein powder -chocolate maca or vanilla lucuma i.5 honey almonds ginger coffee, tea, & hot drinks FRENCH PRESS CAFE organic coffees artfully roasted by Boulder's own Silver Canyon Roasters TWO LtAVtS AND A BUD TEA an organic selection including: Assam Breakfast -amber color with malty notes Tropical Green -whole leaf green Energize • orange and pineapple with green leaves Detox • earthy rooibos with spice and mixed berries Invigorate .: lemongrass and mint with a zesty citrus aroma J-lydrate -herbal blend sweet/tart fruit and mint k:ICk:STARTER COFJ'.=EE Silver Canyon Roaster's Sumatra blended with grass-fed butter and organic virgin coconut oil 51 PPING CHOCOLATE dark chocolate and filtered water with a side of coconut whip and cane sugar to adjust to your taste GOLDEN MYLI,.( turmeric, coconut milk, coconut oil, honey.pepper non-alcoholic bevs ICED TEA [with a complimentary refill] Regular Black, Tropical Green ARNOLD PALMER 1/2 either of our organic iced teas, 1/2 house lemoned, ZEAL KOMBUC~A organic green tea & honey Ravor your kombucha sidecar of ginger, red juice or orange juice for +1 GREEN ZING kombucha, green juice, honey GINGER B(;ER spicy and refreshing, also blends so well with our house spirits COCONUTWATtR a terrific thirst quencher and electrolyte replacer a~ai bowls [ah-sigh-EE] v 4 4 4 4 5 4 4 4 5 4 4 SM LARGE BRAZIL I AN granola, Brazil nuts, bananas, local honey k'.:6NA topped with coconut, pineapple, banana, cashews IN CA maca, kale, cacao nibs, hemp nuts PINEk:I swirl of peanut butter, with banana, almonds, honey GRIN GO topped with zeal granola, pineapple and berries Or BYOB build it your way with any of our ingredients 9 16 SM LARGE 6 13 beer wine and cocktails I l='all Season A little bit of tradition zeal a little bit of originality, and a whole lot of Zeal! cans and bottles • b_LJ the glass and bottle wine - Asher Brewing, Boulder CO 8 GLASS BOTTL~ Green Lantern Kolsch (16 oz) BUBBL~S Tree I-lugger Amber (16 oz) Arte Latina Cava, tSP 7 25 Odell Brewing, l=ort Collins CO 6 Jeio Prosseco IT g 36 I PA, 90 Shilling, Sour, Lager GLASS BOTTLi; Strongbow Cider, UK 8 WHIT~ Coors Light, Golden CO 5 La l=iera Moscato, IT 6 21 La Vielle l=erme Blanc, Cote du Ventoux l=R 7 28 craft beer on tap Giocato Pinot Grigio, Brda SL 8 32 Pratsch Gruner Vetliner, Neiderosterreich AT 8 32 l-lerman Joseph German-Style Lager 7 T elmo Rodriguez Basa, Rueda tS g 36 Sandlot Brewing, Denver CO T retd'iii Bliif'it, CtH'itriil CoHt CA 36 Little Umbrella Wit -gluten removed -7 Spice Trade Brewing, Arvada CO Le Charmel Rose, Provence l=R g Mojo IPA on Nitro 7 Mohua Sauv Blanc, Marlborough NZ g Boulder Beer, Boulder CO Santa Barbara Chardonnay, SB CA 10 40 Green Bullet I PA 7 Asher Brewing, Boulder CO Barmen Pilsner 7 Sandlot Brewing, Denver CO Rm GLASS BOTTL~ signature cocktails Scarlet Red Blend, Lake County, CA 7 24 l=erme Rouge, l=R 7 28 RtDRUM 12 Marques de Caceras, Rioja tS g 36 Aprffros of fall and made with our red beet juice T ahuan Malbec, Mendoza AR g 36 and rugal extra dry rum Vinum Pinot Noir, Monterey CA 10 BLOOD ORANGt MARG Sauza blue tequila, Solerno blood orange liqueur, II Liberty School Cabernet, Central Coast CA 10 lemon-lime simple Decendants de Jose Palacios, Bierzo tS 39 COOL AS A CUCUMBtR Chamonix Rouge, l=ranshhoek SA II 44 Breckenridge gin, dill, cucumber, lemon-lime simple 10 Caparzo Rosso di Montalcino, IT 12 45 NtW ~ASHIONtD Reposado tequila, sun-kissed juice, bitters, cherry 12 Maeli Rosso lfinito, Veneto lgp IT 13 46 PORT ROYAL MISCHltJ: Pallus Le Pensees, Chinon l=R 52 Coconut rum, zeal "orange" juice, coconut, 10 Starmont Cabernet, Napa CA 17 64 pineapple, soda THATS MY JAM 10 Brugal rum, strawberry, blueberry, raspberry, mint, simple syrup, soda PORTS AND D~SS~RTWIN~ GLASS VAN GOGH MULt Graham's Six Grapes Reserve Ruby, PT 8 Traditional or your choice of 5 vodka flavors, g Ouuinta de Noval lOyr Tawny, PT 10 with l=entimans ginger beer .... 9 Royal T okaji Late Harvest Riesling, AT KOMBUCHA COSMO 10 Chateau Laribotte Sauterne, I= R g House kombucha, van gogh citron, splash of red juice, lime PIN~SI-HV~R Gin & Juice with our house cold pressed green 10 and Breckenridge gin ORANG£; BLOODY Zeal not-so-Orange juice! vodka, jalapeno, celery, black pepper, pick ed peppers g OR 8404 (09/25/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 20&-2300 Colorado Liquor Retail License Application Ci] New License D New-Concurrent D Transfer of Ownership D State Property Only • All answers must be printed in black Ink or typewritten • Applicant must check the appropriate box(es) • Applicant should obtain a copy of the Colorado Liquor and Beer Code: www.colorado.gov/enforcementAiquor 1. AppUcant is applying as a/an 0 Individual 00 Limited Liability Company 0 Association or Other 0 CorporatiOn □ Partnership (includes Limited liability and Husband and Wife Partnerships) 2. Applicant If an LLC, name of LLC; If partnership, at least 2 partner's names; If corporation, name of corporation FEIN Number Zeal Boulder LLC 2a. Trade Name of Establishment (OBA) I State Sales Tax Number Business Telephone Zeal Food 303489 2191 3. Address of Premises (specify exact location of premises, indude suite/unit numbers) 2280 Junction Place City County State ZIP Code Boulder Boulder co 80301 4. Mailing Address (Number and Street) City or Town State ZIP Code 5370 Greenwood Plaza Blvd, Suite 107 Greenwood Village co 8011 1 5. Email Address \ wayde@zealfood.com 8. If the premises currently has a liquor or beer license, you must answer the following questiOns Present Trade Name of Establlshment (OBA) I Present State license Number I Present Class of license Present Expiration Date Section A Nonrefundable ADDIICatlon Fees Section B (Cont.) Liquor License Fees D Application Fee for New License ............................................ $1,550.00 0 Lodging & Entertainment -l&E (County) ........................................... $500.00 If Application Fee for New licensew/Cona.trrent Review ............ $1,650.00 D Manager Registration -H & R ................................................................ $75.00 D Application Fee for Tran$fer ................................................... $1,550.00 D Manager Registration -Tawm ............................................................... $75.00 Section B Liquor License Fees 0 Manager Registration -Lodging & Entertainment... ............................. $75.00 0 Add Optional Premises to H & R ......... $100.00 X Total D Manager Registration -campus Liquor Complex ............................... $75.00 0 Add Rela1ed Facility to Resort Complex$75.00 X Total 0 Master File location Fee ........................ $25.00 X Total 0 Add Sidewalk Servkle Area .................................................................... $75.00 □ Master File Background ...................... $250.00 X Total 0 Arts license (City) ................................................................................ $308.75 0 Optional Premises license (City) ......................................................... $500.00 0 Arts License (County) .......................................................................... $308.75 D Optional Premises license (County) ................................................... $500.00 0 Beer and \Mne license (City) .............................................................. $351.25 D Race1rack license (aty) ....................................................................... $500.oo D Beer and Wne license (County) ........................................................ $436.25 0 Racetrack license (County) ................................................................. $500.00 0 Brew Pub license (City) .................................................................... $750.00 D Resort Complex license (City) ............................................................. $500.00 0 Brew Pub license (County) ................................................................. $750.00 0 Resort Complex license (County) ....................................................... $500.00 D campus Liquor Complex (City) ........................................................... $500.00 0 Related Facility-Campus Liquor Complex (City) .............................. $160.00 0 Campus Liquor Complex (County) ..................................................... $500.00 D Related Facility-Campus Liquor Complex (County) ........................ $160.00 D Campus Liquor Complex (State) ......................................................... $500.00 D Related Facility-Campus Liquor Complex (State) ............................ $160.00 D Club license (City) ............................................................................... $308.75 D Retail Gaming Tavem license (City) ................................................... $500.00 D aub license (County) ........................................................................ $308.75 0 Retail Gaming Tavern license (County) .............................................. $500.00 0 Distillery Pub license (City) ................................................................. $750.00 0 Retail liquor Store liamse-Additional (City) ...................................... $227.50 0 Distillery Pub license (County) ........................................................... $750.00 0 RetaD liquor Store license-Additional (County) ................................ $312.50 0 Hotel and Restaurant license (City) ................................................... $500.00 D Retail liquor Store (City) ....................................................................... $227.50 D Hotel and Restaurant license (County) ............................................ $500.00 D RetaH liquor Store (County) ................................................................. $312.50 D Hotel and Restaurant license w/one opt premises (City) ................. $600.00 0 Tavern License (Clty) .......................................................................... $500.00 0 Hotel and Restaurant license w/one opt premises (County) ............ $600.00 0 Tavern License (County) .................................................................... $500.00 D Uquor-Uoensed Drugstore (City) ....................................................... $227 .50 0 Vintners Restaurant license (City) ...................................................... $750.00 0 liquor-licensed Drugstore (County) ................................................. $312.50 0 Vintners Restaurant license (County) ................................................. $750.00 0 lntfnlnn & Entertainment -l&E IC-_.itv\ ................................................ $500.00 Questions? Visit: www.colorado.gov/enforcementAiquorfor more information Do not write In this soace -For Deoarbnent of Revenue use onlv Liabmty Information license Account Number J Liability Date 1 License Issued Through (Expiration Date) Total $ oR 8404 <09125119> Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant~-All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: www.colorado.gov/enforcementAiquorfor more information Items submitted. olease check all annrooriate boxes comoleted or documents submitted I. Applicant information rll A. Applicant/Licensee identified i;zJ B. State sales tax license number listed or applied for at time of application Ill C. License type or other transaction identified D D. Return originals to local authority (additional items may be required by the local licensing authority) D E. All sections of the application need to be completed II. Diagram of the premises ~ A. No larger than 8 1/2" X 11" QI B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) Ill C. Separate diagram for each floor (if multiple levels) QI D. Kitchen -identified if Hotel and Restaurant QI E. Bold/Outlined Licensed Premises Ill. Proof of property possession (Qne Year Needed) D A. Deed in name of the applicant (or) (matching question #2) date stamped / filed with County Clerk QI B. Lease In the name of the applicant (or) (matching question #2) D C. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant D D. Other agreement if not deed or lease. (matching question '#2) IV. Background information (DR 8404-1) and financial documents (!] A. Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors, partners, members) IB1 B. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor. Do not complete fingerprint cards prior to submitting your application. The Vendors are as follows: ldentoGO -https:lluenro/1.identogo. com/ Phone: 844-539-5539 (toll-free) ldentoGO FAQs: https:l/www.colorado.gov/pacific/cbilidentification-faqs Colorado Fingerprinting -http.1lwww.coloradofingerprinting.com Appointment Scheduling Website: http://www. coloradofingerprinting. com/cabs/ Phone: 720-292-2722 Toll Free: 833-224-2227 D C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license D 0. List of all notes and loans (Copies to also be attached) V. Sole proprietor/husband and wife partnership (if applicable) □ A. Fonn DR 4679 D 8. Copy of State issued Driver's License or Colorado Identification Card for each applicant VI. Corporate applicant Information (if applicable) D A. Certificate of Incorporation D B. Certificate of Good Standing D C. Certificate of Authorization if foreign corporation (out of state applicants only) VII. Partnership applicant information (If applicable) D A. Partnership Agreement (general or limited). D B. Certificate of Good Standing VIII. Limited Liability Company applicant information (if applicable) ~ A. Copy of articles of organization ~ B. Certificate of Good Standing @ C. Copy of Operating Agreement (if applicable) D D. Certificate of Authority if foreign LLC (out of state applicants only) IX. Manager registration for Hotel and Restaurant, Tavem, Lodging & Entertainment, and Campus Liquor Complex licenses when Included with this application D A. $75.00 fee 0 B. Individual History Record (DR 8404-1) Ill C. If owner is managing, no fee required 2 DR 8404 (09/25119) Name I Type of License !Account Numoer Zeal Boulder LLC Hotel Restaurant 7. Is the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, Yes No stockholders or directors if a corporation) or managers under the age of twenty-one years? □ 00 8. Has the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a corporation) or managers ever (in Colorado or any other state): a. Been denied an aloohol beverage license? □ Iii b. Had an alcohol beverage license suspended or revoked? D [!] c. Had Interest In another entity that had an aloohol beverage license suspended or revoked? □ Iii If you answered yes to 8a, b or c, explain in detail on a separate sheet. 9. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the □ [i] preceding two years? If "yes", explain in detail. 10. Are the premises to be Ucensed within 500 feet, of any public or private school that meets compulsory education requirements of □ [i] Colorado law, or the principal campus of any college. university or seminary? or waiver by local ordinance? □ D Other: 11. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor license for off-premises sales In a jurisdiction with a population of greater than (>) 10,0000? NOTE: The distance shall be detennined by a radius measurement □ D that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal door- way of the Licensed LLDS/RLS. 12. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of less than(<) 10,0000? NOTE: The distance shall be detennined by a radius measurement □ D that begins at the principal doorway of the LLDS/RLS premises {or which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. 13 a. For additional Retail Liquor store only. was your Retail Liquor Store License issued on or before January 1, 2016? □ D 13 b. Are you a Colorado resident? lll D 14. Has a liquor or beer license ever been issued to the applicant (Including any of the partners, if a partnership; members or manager if a Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes, Identify the name of the business and list any □ 00 .cummt financial Interest in said business including any loans to or from a licensee. 15. Does the applicant, as listed on line 2 of this application, have legal posaesalon of the pnHnlses by ownership, lease or other anangement? ~ D D O.Vnership [jJ Lease D Other (Explain in DetaH) a. If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease: Landlord 'Tenant Expires SREIT HP BOULDER PROPCO, L.L.C. Zeal Boulder LLC 03/01/2032 b. Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question 16. □ Iii c. Attach a diagram that designates the area to be licensed In black bold outline (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 112." X 11 ". 18. VVho, besides the owners listed in this application (Including persons, firms, partnerships, corporations, limited liability companies) will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business? Attach a separate sheet if necessary. Last Nam, First Name Date of Birth FEIN orSSN Interest/Percentage 512. t. n -A f' ~au,~~ ? nlJlw Lu.. tzJ.O.uuo Last Name First Name Date of Birth FEIN orSSN Interest/Percentage Attach copies of all notes and security Instruments and any wrttten ag1'981118nt or datalls of any oral agreement, by which any person (Including partnerships, corporations, limited llabUlty companies, etc.) will share In the profit or gross proceeds of this establishment, and any agreement relating to the business which Is contingent or conditional In any way by volume, profit, sales, giving of advice or consultation. 17. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: □ [ii Has a local ordinance or resolution authorizing optional premises been adopted? Number of additional Optional Premise areas requested. (Se,. license fee chart) I 18. For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include a diagram of the service area and documentation received from the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, pennit, easement, or other legal pennissions. 19. Liquor Licensed Drugstore (LLDS) applicants, answer the following: a. Is there a pharmacy, licensed by the Colorado Board of Phannacy, located within the applicant's LLDS premise? □ D If "yes" a copy of license must be attached. 3 DR 8404 (09/25/19) Name I Type of License Account Number Zeal Boulder LLC Hotel Restaurant 20. Club liquor license applicants answer the following: Attach a copy of applicable documentation a. Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain? □ □ b. Is the applicant organiZation a regular1y Chartered branch, lodge or chapter of a national organization which Is operated solely for the □ □ objed of a patriotic or fraternal organization or society, but not for peamiary gain? c. How long has the club been incorporated? d. Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above? □ □ 21. Brew-Pub, Distillery Pub or Vintner's Restaurant appffcants answer the following: □ □ a. Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached) 22. Campus Liquor Complex applicants answer the following: a. Is the applicant an institution of higher education? Yes No □ □ b. Is the applicant a person who contracts with the institution of higher education to provide food services? If "yes" please provide a copy of the contract with the Institution of higher education to provide food services. □ □ 23. For all on-premises applicants. a. Hotel and Restaurant, Lodging and Entertainment, Tavern License and Campus liquor Complex, the Registered Manager must also submit an Individual History Record -DR 8404-1 and fingerprint submitted to approved State Vendor through the Vendor's website. See application checklist, Section IV, for details. b. For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application -OR 8000 and fingerprints. Last Name of Manager I First Name of Manager Jester Wayde 24. Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of 00 □ Colorado? If yes, provide name, type of license and account number. Zeal II LLC, Hotel Restaurant, 03-08790 26. Related Facility -campus Liquor Complex applicants answer the fonowing: Yes No a. Is the related facility located within the boundaries of the Campus Liquor Complex? □ □ If yes, please provide a map of the geographical location within the Campus Liquor Complex. If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex. b. Designated Manager for Related Facility-Camous Liquor Complex Last Name of Manager I First Name of Manager Norton Chelsea 26. Tax Information. Yes No a. Has the applicant, including Its manager, partners, officer, diredors, stockholders, members (LLC), managing members (LLC), or any □ 00 other person with a 10% or greater financial interest in the applicant, been found in final order of a tax agency to be delinquent In the payment of any state or local taxes, penalties, or Interest related to a business? b. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any □ (!] other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503, C.R.S.? 27. If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners, and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more In the applicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approved State Vendor through their website. See application checklist, Section IV, for details. Name Home Address, City & State DOB Position %Owned Wayde Jester Manager 9~ Name c_ hd~ >JoFh~ Home Addre City & State Position bu{' %Owned- W\~ 5 Name Home Address, City & State DOB Position %Owned Name Home Address, City & State DOB Position %Owned Name Home Address, City & State DOB Position %Owned -If applicant is owned 100% by a parent company, please list the designated principal officer on above. -Corporations -the President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable) -if total ownership percentage disclosed here does not total 100%, applicant must check this box: f&1 Applicant affirms that no individual other than these disclosed herein owns 10% or more of the applicant and does-not have financial interest In a prohibited liquor license pursuant to Article 3 or 5, C.R.S. 4 DR 8404 (09/25/19) Name I Type of License 'Account Number Zeal Boulder LLC Hotel Restaurant Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Authorizi,igna~~ / I Printed Name and Title Date ~t.r-/ll'"t-Wayde Jester, Manager 12/18/19 () (/ Report and Approval of Local Licensing Authority (City/County) Date application filed with local authority I Date of local authority hearing (for new fl08flSe applicants; cannot be less than 30 days from date of application) The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has been: D Fingerprinted D Subject to background investigation, including NCIC/CCIC check for outstanding warrants That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of, liquor code provisions affecting their class of license (Check One) D Date of inspection or anticipated date D Will conduct Inspection upon approval of state licensing authority D Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1,500 feet of another retail liquor license for off-Yes No premises sales in a jurisdiction with a population of> 10,0000? □ □ D Is the Liquor Licensed Drugstore(LLDS) or Retail liquor Store (RLS) within 3,000 feet of another retail liquor license for off-□ □ premises sales In a jurisdiction with a population of< 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the licensed LLDS/RLS. D Does the liquor-Licensed Drugstore (LLDS) have at least twenty percent (20%) of the applicant's gross annual income derived □ □ from the sale of food, during the prior twelve (12) month period? The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 44, Article 4 or 3, C.R.$., and liquor Rules. Therefore, this appllcatlon 18 approved. local Licensing Authority for !Telephone Number I D Town.City D Countv Signature Print Title Date Signature Print 11tle Date 5 OR 8495 (07/23/19) COLORADO DEPARTMENT OF REVENUE Uquor Enforcement Division Tax Check Authorization, Waiver, and Request to Release Information I, Wayde Jester am signing this Tax Check Authorization, Waiver and Request to Release Information (hereinafter "Waiver") on behalf of Zeal Boulder LLC (the "Applicant/Licensee") to permit the Colorado Department of Revenue and any other state or local taxing authority to release information and documentation that may otherwise be confidential, as provided below. If I am signing this Waiver for someone other than myself, including on behalf of a business entity, I certify that I have the authority to execute this Waiver on behalf of the Applicant/Licensee. The Executive Director of the Colorado Department of Revenue Is the State Licensing Authority, and oversees the Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information and documentation obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee's liquor license application and ongoing licensure by the state and local licensing authorities. The Colorado liquor Code, section 44-3-101. et seq. ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance with certain tax obligations, and set forth the investigative, disciplinary and licensure actions the state and local licensing authorities may take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and payment obligations. The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution or ordinance concerning the confidentiality of tax information, or any document, report or return filed in connecti6n with state or local taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the state and local licensing authorities take final action to approve or deny any application(s) for the renewal of the license, whichever is later. Applicant/licensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal of any license, if requested. By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information, release information and documentation to the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as the Applicant's/Licensee's duly authorized representative under section 39-21-113(4), C.R.S., solely to allow the state and local licensing authorities, and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/Licensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to use the information and documentation obtained using this Waiver in any administrative or judicial action regarding the application or license. Name (Individual/Business) Zeal Boulder LLC ' Social security Numberrrax Identification Number Address 5370 Greenwood Plaza Blvd, Suite 107 City ' State Greenwood Village CO Home Phone Number 'Business/Work Phone Number Printed name of person signing on behatf of the Applicant/Licensee Wayde Jester Applicant/LicenseJ's Sig~,iure authorizing the disclosure of confidential tax information) { Ar~-1 /J.k_ I) (/ Privacy Act Statement 80111 ' Date signed 12/28/19 Providing your Social Security Number is voluntary and no right, benefit or privilege provided by law will be denied as a result of refusal to disclose it.§ 7 of Privacy Act, 5 uses§ 552a {note). CITY OF BOULDER FINANCIAL DISCLOSURE STATEMENT The Applicant hereby agrees that any knowingly false or incomplete answer to the following questions shall constitute cause for the suspension or revocation for the license applied for. Applicant further agrees to notify the City of Boulder Beverage Licensing Authority via the City Licensing Office of any changes in the financing of this business should any changes occur during the period of the pending application and the period for which this license is issued. Please attach all Purchase Agreements, Notes, Loans, Gift Letters and Bank Statements. Amounts much match information provided in the DR8404 I Individual History Reports. - All Information must be printed legibly in Ink or typewritten. Zeal Boulder LLC Applicant's Business Name: _____________________________ _ T d N Zeal -Food for Enthusiasts ra e ame: _________________________________ _ 2280 Junction Place, Boulder CO 80301 Business Address:--------------------------------- 303-489-2191 Wayde Jester Phone Number:____________ Contact Person: ______________ _ 5370 Greenwood Plaza Blvd, Suite 107, Greenwood Village, CO 80111 Malling Address:--------------------------------- Zeal II LLC located at 5370 Greenwood Plaza Blvd, Greenwood Village CO 80111 Other Liquor Licensed Establishments that the owners, principals, or managers of the Applicant now holds: If Applicant is a corporation, partnership, or LLC, names of all persons purchasing stock or membership shares: Wayde Jester owning 95% of Zeal Boulder LLC Is this a new or existing business: _N_e_w _________ _ 600,000 If a new business, state approximate investment amount: $ _______________ _ Where will these funds come from? $380,000 from personal savings and $220,000 as tenant improvement allowance If an existing business, state the purchase price including inventory: $ ____________ _ Where will these funds come from: _______________________ _ If cash is to be invested, please complete the following f nformation (attach an additional page if needed): All person(s) or business entities inv~~ing: \eJ 6-..v\ l« J ~-V , _ _________ 45\2.t \T t\.P \2,°"'\~u ft"~ ~ (_4"'~ (,,o,1~ AlllnvestorAddresses: WMMrJ~ -- ~---- s ?g\T r\P JsO\k\dV ?('"op • ~ ~ All Investment Amounts: __ __,,,J,...:::~:::..0~~.:::...:::;_~~.:::.:.:....::._----1.L.::::.~~~,,,..J;.;:x~:__ _____ ~--4'""--- All ~~~~~~~~~~~~~~~~JwJ NKI ) l7 " If loans are to be obtained, please complete the following information (attach an additional page in needed): Name of Lender:-------------------------------- Address of Lender: _______________________________ _ Type of Loan: ________________________________ _ Loan Amount:$ ________________________________ _ Security: __________________________________ _ Term of Obligation: ______________________________ _ Business Operating Bank Account Information What Bank will the business account be maintained at: Vectra Bank -------------------- What name will the account be under? __ z_e_a_l B_o_u_ld_e_r L_L_c _________________ _ Who will be authorized to sign on the account? _wa_y_d_e_J_es_te_r ________________ _ OATH OF APPLICANT I declare under penalty of perjury in the second degree that this application, my answers, and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to know and to comply with the provisions of the State of Colorado Liquor and Beer Codes, State Liquor Regulations, and all City of Boulder Rules, Regulations, and Codes which affect my liquor license. Autho~ Wsyde Jester Print Name Manager 12/28/19 Title Date DR 8404--1 (03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) 1. Name of Business Home Phone Number I CeUular Number Zeal Boulder LLC 303-489-2191 2. Your Fun Name (last, first, middle) 3. List any other names you have used Jester, Wayde, F 4. Mailing address (if different from residence) Email Address Y'Jayde@zealfood.com 5. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Street and Number City, State, Zip from To Current Previous 6. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To ZealLLC 1707 Walnut St, Boulder CO 80302 Manager 2013 2018 7. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relatlonshlp to You Position Held Name of Licensee rJ io Y\ fl_ 8. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, □Yes 1&1No furniture, fixtures, eaulpment or inventory to any licensee? (If yes, answer in detail.) 9. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you □Yes ~No applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.) DR 8404-1 (03120/19) 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes l&JNo bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a □Yes l&JNo deferred sentence? (If yes, explain in detail.) 12. Have you ever had any professional license suspended, revoked , or denied? (If yes, explain in detail.) nYes ~No Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information reauired in auestion #13 Is solelv for identification ourooses. 13a. Date OT tsirth I b. Social Sea.irity Number C. Place of Birth I ~Yes 0No Philadelphia d. U.S. Citizen e. If Naturalized, state where f. W'len g. Name of Distrid Court h. Naturalization Certificate Number i. Date of Certification j. If an Alien, GNe Alien's Registration card Number I k. Permanent Residence Card Number I. Height Im. Weight In. Hair Color o. Eye Color ,p. Gen:r I q. Do you have a cunent Driver's ucensenD? If so, give number and state. 5'10" 160 Brn Brn 181 Yes D No # State 14. Financial Information. a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $ 600,000 b. List the total amount of the personal investment , made by the person listed on question #2, in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ 380,000 * If corporate Investment only please skip to and complete section (d) -Section b should reflect the total of sections c and e c. Provide details of the personal investment described in 14b. You must account for all of the sources of this investment. (Attach a separate sheet if needed) 'type: Cash, Services or Equipment Accountlype Bank Name Amount Cash Checking Vectra Bank 380,000 d. Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach a separate sheet if needed) 'type: Cash, Services or Equipment Loans Accountlype Bank Name Amount 5~A. ~0h<l 'ti f 1 .. o-n~4'~~. ' e. Loan Information (Attach copies of all notes or loans) Name of Lender Address Tenn Security Amount Oath of Applicant I declare under nsnaltv of nAriurv that this aoolication and all attachments are true correct and comolete to the best of mv knowledae. AuthorizrSigna,~ / /4~ ____ ,./lrt- I Print Signature Wayde Jester !Title Manager !Date 12/28/19 {I {/ T~xt Explanation of Tenant Improvement Allowance for State background check information sheet: The tenant improvement allowance ("Tl") is not a loan but a reimbursement for monies spent on the construction of the restaurant. The Tl all~wance is paid . once the lessee sends proof of payment along · w·ith lien releases by the general contractor and subcontractors. In this regard, the lessor funds ultin,ately help offset the investment of the lessee and serve to provide financing for getting the restaurant opened. City of Boulder Planning & Development Services ADMINISTRATIVE REVIEW NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department: DECISION: DATE: REQUEST TYPE: ADDRESS: APPLICANT: CASE NUMBER: APPROVED January 7, 2020 Zoning Verification Letter 2280 JUNCTION PL WA YOE JESTER, ZEAL LLC ADR2019-00242 LEGAL DESCRIPTION: UNIT H DEPOT SQUARE AMENDED, City of Boulder, County of Boulder, Colorado DESCRIPTION: Zoning Confirmation for Beverage Licensing Authority for Zeal Restaurant at 2280 Junction Place. LAND USES The proposed use of Zeal Boulder LLC located at 2280 Junction Place has been identified under Section 9-6-1, B.R.C. 1981 to meet the following: Zoning District: MU-4 Proposed Use: Restaurants, brewpubs, and taverns outside of the University Hill general improvement district that are: over 1,500 square feet in floor area or which close after 11 p.m. Discretionary Review(s): LUR2019-00063 FINAL DECISION STANDARDS This approval is subject to the following standards. These standards must be met in order for the administrative review approval to be valid. This approval does not constitute building permit approval. This approval permits Zeal Boulder LLC to assume operation of the tenant space at 2280 Junction Pl. with the following operational characteristics: Indoor Premise: Indoor Seating Capacity: Hours of Operation: 2,100 71 Mon-Sun 8 a.m. to 10 p.m. Hours of Operation for Mon-Sun 8 a.m. to 10 p.m. Outdoor Patio: Outdoor Patio: Outdoor Seating Capacity: 1,100 50 The applicant shall be responsible for ensuring that the development is compliant with the Written Statement dated September 16, 2019 and final approved plans dated January 7, 2020 on file with the City of Boulder Planning Department. Further, the Applicant shall ensure that the approved use is operated in compliance with following standards: Physical Address 1739 Broadway, Third Floor Mailing Address POBox791 BoulderPlanOevetop.net plandevelop@bouldercolorado.gov 1.The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9-2-1 S(h), B.R.C. 1981. 2.lnterior modifications may be subject to the approval of a building permit. Any building permit that requires wall reconfiguration or changes to the layout shall include a floor plan with seating depicted. 3.New signage will require approval of a sign permit. 4.AII conditions outlined in the previously approved Land Use Review LUR2019-00063. NOTE: This review is for zoning purposes only and is not approval for any change of occupancy or use pertaining to the building code, A separate building permit is required for building modifications. including changes of use or occupancy. This decision is final and may not be appealed. A new request may be considered only as a new application. ~~ Approved By: ______________ _ Physical Address 1739 Broadway, Third Floor Shabnam Sista, Planning Department Mailing Address POBox791 BoulderPlanOevelop.net plandevelop@bouldercolorado.gov Beer Keg Location in Walk in Cooler ~ ~ . ..,."' PLANNING & DEVELOPMENT SERVICES --APPROVED -- FINAL LAND USE DRAWING ~JU,M, 6ubl-0 / /7 /u>U> CAS( MAHAGER DATI ______ J ......... --w A100 0 C A City of Boulder • Planning & Development Services /--~ ~ 1739 Broadway. Third Floor Boulder, CO 803()6.()791 I PlANNING&DEVW>PMENTstRVICESJzo Phone: 303-441-1880 I Web: boulderplandevelop.net --APPROVED -- 11HAL LAND USE DRAWING :=0 ..a. tj"?fto; ning Confirmation Application for Beverage Licensing Authority Attachment to Administrative Review Application Form Responsive to C.R.S. 12-47-313(1) and (l)c which states in pcrtfncnt part. .. (I) No application for the issuance of any license •.. shall be received or acted upon ... (c) for a location in an ara where the sale ofalcohol beverages as contemplated is not permitted under the applicable zoning laws of the municipality. city and county, or county ..... and Bcvcraae Licensing Auahority (BLA) Rules of Procedure, Subsection S-1-1 ,~ NOTE; Dis n;view is C0c zpnina rwmmn gnty anct ii 09I approval ror any change of ocp•mos-x 0 c use RffllioiO& 1° Jhe building code, A separate building permit is required roe building modifications, includi0& changes oC me or occupancy, Applicant Information aal~lU: Business Entity: _________ _ Trade Name: ___________ _ ~ .... 219t Phone: ___________ _ Email: -------------- Premise Address: _________________________ _ Application Type: (x) New [ ] Transfer ( ] Modification [ ] Location Change ( ] Class Change Liquor License Type: _____ Ho_te1_. __________________ _ Indoor Premise Sq. Ft.: 2100 Outdoor Patio Sq. Ft.: 1100 (Plcuc mwcw lhe zomng rcgulabOns for the pftlpCft)' 11 the Pllnnin& and Development Services Cefller~for~pall~. o_sm_in_g _teqllCS_ts_o_fl~OO~sq-.--=-ft . or more) Indoor Seating Capacity: 71 Outdoor Seating Capacity: _50 _____ _ Hours of Operation: _________________________ _ Patio Hours of operation (if different): __ .. _ma _________________ _ Liquor License Applicant agrees to operale in accordance with the above Approved Square Footage, Occupant Load and Seating Capacity, and to abide by Approved Hours ofOperation. Further, Uquor License Applicant understands that ifthey do not operate in accordance with their zoning approvals, they may be subject to code compliance actions by City of Boulder. Applicant's Signature: _U(.._....,.jr;;;x_ ... :_..,,_4: ____ _ ~ ... ,...,_. Applicant's Title: __________ _ ~,J. JvJ.n · Applicant's Printed Name: _______ _ t/u,/io~g Signature Date: ___________ _ Updated January 2019 Page 1 CITY OF BOULDER STATEMENT OF TRAINING The Applicant hereby states that they understand the importance of being familiar with and complying with the Colorado Liquor Code, Colorado Beer Code and State of Colorado Liquor Regulations. Therefore, with respect to the Applicants' owners, managers, and all other employees who will have any connection or involvement with liquor or fermented malt beverages on the subject licensed premises of this application, the Applicant states the following: All employees involved In the service of alcohol, including without limitation, managers, clerks, bartenders, and wait staff, shall attend a state-certified Responsible Vendor alcohol service class within three (3) months from the approval of this license. New employees shall take a call within three (3) months of their hiring date. Any employees participating in a Tastings at a retail liquor store liquor licensed location must have already completed a state-certified Responsible Vendor alcohol service class at the time of the Tasting. Training Certification must be renewed and must remain current for employees involved in the service or sale of alcohol in Boulder liquor licensed locations. The Applicant agrees that the above mentioned training shall be a continuing condition of holding the license if the Beverage Licensing Authority approves this application. OATH OF APPLICANT I declare under penalty of perjury In the second degree that I acknowledge that it Is my responsibility and the responsibility of my agents and employees to know and to comply with the provisions of the Colorado Liquor and Beer Codes, State Liquor Regulations, and all City of Boulder Rules, Regulations, and Codes which affect my liquor license. Manager Title Wayde Jester Print Name 12/28/19 Date CITY OF BOULDER STATEMENT OF FOOD SERVICE Pursuant to the State of Colorado Liquor Code, the Applicant hereby certifies that they have read and fully understand the following excerpts of law: Hotel-Restaurant Liquor License "Restaurants shall sell alcohol beverages as provided in this section only to customers of the restaurant and only if meals are actually and regularly served and provide not less than twenty-five percent of the gross Income from sales of food and drink of the business of the license premises over any period of time of at least one year." Brew Pub Liquor License "A brew pub licensee shall sell malt, vinous, and spirituous liquors for on-premises consumption only if at least fifteen percent of the gross on-premises food and drink income of the business of the licensed premises Is from the sale of food." Distillery Pub Liquor License "A distillery pub license may be issued to any person operating a distillery pub and also selling food and alcohol beverages for consumption on the premises. At least fifteen percent of the gross on-premises food and alcohol beverage income of the licensed distillery pub must be from the sate of food." Pursuant to State Regulations, the Applicant certifies that they shall at all times, when meals are required to be served, maintain on the premises adequate personnel, foodstuffs and other necessary facilities, equipment and supplies for the preparation and serving of meals as defined by 12-47-103(20) C.R.S., as amended. OATH OF APPLICANT I declare under penalty of perjury in the second degree that I acknowledge that It is my responsibility and the responsibility of my agents and employees to know and to comply with the provisions of the Colorado Liquor and Beer Codes, State Liquor Regulations, and all City of Boulder Rules, Regulations, and Codes which affect my liquor license. Autho~ure Manager Title Wayde Jester Print Name 12/28/19 Date Neighborhood Needs & Desires Petition Summary Sheet Applicant: Zeal Boulder LLC Trade Name: Zeal Food Business Location: 2280 Junction Place, Boulder CO 80301 Date(s) of Petitioning: Defined Neighborhood: NORTH – Valmont Road SOUTH – Arapahoe Avenue EAST – Foothills Parkway WEST – 20th 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 ______________ PRE-FILE DUE DATE FOR PETITIONS: MONDAY MARCH 9, 2020 130 25 2 0 0 0 0 0 0 103 0 March 4-8 Affidavit of Circulator I, _____________________________________, do hereby certify that I was the Circulator of the attached petitions and further, that I personally witnessed each signature appearing on the petitions. To the best of my knowledge, each signature thereon is the signature of the person whose name it purports to be, each address given opposite each name is the true address of the person that signed, that each person who signed the petition had the opportunity to read, or have read to them, the petition in its entirety and understood its meaning. All of the undersigned were shown the map and list provided by the City of Boulder’s licensing department. I also affirm that no premises, threats or inducements were employed whatsoever in connection with the presentation of this petition and that every signature appearing hereon was given freely and voluntarily. Circulator’s Name: ____________________________________________________________________ Circulator’s Signature: _________________________________________________________________ Circulator’s Address: ___________________________________________________________________ State of Colorado ) ) ss. County of Boulder ) Subscribe and sworn to before me this ________ day of __________________, ____________. _____________________________________________ Notary Public SEAL My Commission Expires:_________________________ DATE OF PETITIONING: ___________________________________________ TIME OF PETITIONING: _________________________ Business Petition Form Applicant: Zeal Boulder, LLC Trade Name: Zeal Food Application Type: New Hotel-Restaurant Type Liquor License Business Location [See Map]: 2280 Junction Place. Boulder, CO 80301 Previous Business: N/A Date & Time of Hearing: Wednesday March 18 2020 at 3PM Location of Hearing: Council Chambers, Municipal Building, 2nd Floor, 1777 Broadway, Boulder, CO 80302 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, m y 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. 44-4 and 44-3, 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 pro posed application or survey method, please call: MISHAWN J. COOK, CITY OF BOULDER LICENSING MANAGER AT PHONE: 303-441-3010 OR EMAIL: cookm@bouldercolorado.gov DATE OF PETITIONING: ___________________________________________ TIME OF PETITIONING: _________________________ Resident Petition Form Applicant: Zeal Boulder, LLC Trade Name: Zeal Food Application Type: New Hotel-Restaurant Type Liquor License Business Location [See Map]: 2280 Junction Place, Boulder CO 80301 Previous Business: N/A Date & Time of Hearing: Wednesday March 18 2020 at 3PM Location of Hearing: Council Chambers, Municipal Building, 2nd Floor, 1777 Broadway, Boulder, CO 80302 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 inhabi tants of the defined neighborhood per C.R.S. 44-4 and 44-3, the Colorado Beer and Liquor Codes, and per local licensing authority r ules/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 t ype 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 Hotel-Restaurant 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 pro posed application or survey method, please call: MISHAWN J. COOK, CITY OF BOULDER LICENS ING MANAGER AT PHONE: 303-441-3010 OR EMAIL: cookm@bouldercolorado.gov Neighborhood Needs & Desires Petition Summary Sheet Applicant: Zeal Boulder LLC Trade Name: Zeal Food Business Location: 2280 Junction Place, Boulder CO 80301 Date(s) of Petitioning: Defined Neighborhood: NORTH – Valmont Road SOUTH – Arapahoe Avenue EAST – Foothills Parkway WEST – 20th 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 ______________ PRE-FILE DUE DATE FOR PETITIONS: MONDAY MARCH 9, 2020 Liquor License Application Summary Page for Door to Door Neighborhood Petitioning Applicant: Zeal Boulder LLC Trade Name: Zeal Food Business Location: 2280 Junction Place, Boulder CO 80301 Occupancy: Indoor: 71 Seating Outdoor: 50 Seating Square Footage: Indoor: 2100 Outdoor: 1100 Business Description: Full-service restaurant serving breakfast, lunch and dinner Operating Hours: 9AM-10PM - 7 Days/Week Same # of Licenses in area: 28 Application Type: New Application for a Hotel-Restaurant Type Liquor License Defined Neighborhood: NORTH- Valmont Road SOUTH- Arapahoe Avenue EAST-Foothills Parkway WEST-20th Street Date and Location of Beverage Licensing Authority Hearing to provide comment: Wednesday March 18, 2020 at 3PM Council Chambers, Municipal Building, 2nd Floor 1777 Broadway, Boulder, CO 80302 Applicant Location30th StTa ft Dr B lu ff S t 48th CtFolsom St17t h St 21st St22nd St18t h St P in e S t26th StFolsom StP e a r l S t23rd St 28th St28th StExposition Dr20th StAra pah o e Av eLittleleaf Ln33rd StVa lm on t R d W a ln u t S tBluff St Discovery Dr19th St34th StPleasant St 31st StSterling Dr C a n y o n B l v dCanyon B lv d Tu m w a t e r L n Fremont Ave 19th St20th St18th St22nd St 24t h Pl Ara pahoe Ave21st St18t h St Culver Ct24t h St21s t St20t h St 27t h St22n d St 26t h St 19t h St W a l n u t S t W a l n u t S t Eagl e Way Cordry CtMered ith St 34th StFloral Dr C a n y o n B l v d Pearl Pkwy23rd StPearl Pkwy20th St19th StEdi so n Ave 23rd StKings Ridge Blvd Marine S t Ath e n s S t Evergreen Ave 21st StArnett St26th StLorraine Ct Glenwood Dr 38th StM a p le t o n A v e C o r o n a Tr l Junction PlH a w t ho r n Av e Marin e St Tyler Rd Glenwood CtWalnut StShady Hollow25th StS p r u c e S t 33rd St31st StF o o t h ills P k wy S o u t h S t Hillside Rd 38th StWilderness Pl29th StR e p p li e r S t Bl uf f S t SW Oneal Cir 32nd StP e a r l S t Walnut St 31st StGrandv iew Ave P e a r l S t 30th StA l p i n e D r H e r m o s a D r 47th St29th StSprin gda le Ln Grape Ave M e s a D r Fisher Dr Glenwood Dr P a n o r a m a A v e Shadow Creek Dr P e a r l S t20th St2 4 t h S t B a l s a m D r P r iv a t e S t r e e t N i c h o ll S t University Heights Ave Foothills PkwyNeighborhood Map for a New Hotel-Restaurant type Liquor License Zeal Food • 2280 Junction Place 1 inch = 1 ,20 0 fee t The information depicted on this map is provided as graphical representation only. The City of Boulder provides no warranty, expressed or implied, as to the accuracy and/or completeness of the information contained hereon. Applicant: Zeal Boulder, LLC Trade Name: Zeal Food Location: 2280 Junction Place License Type: New Hotel-Restaurant City ofBoulder PERMIT_TYP PERMIT_NUM PERMIT_STA APPLICATIO EXPIRATION ISSUE_DATE WORK_CLASS cus_Liquor cus_Licens cus_TradeN cus_Premis cus_LicClass Liquor License LIQ2018-00008 Issued 11/24/2017 1/11/2021 12/30/2019 Application 40-91135-0000 CCRC, Inc RED AGAVE TEQUILERIA+COCINA+CALADA BAR 2845 28th St, Boulder, CO 80304-1223 Hotel-Restaurant Liquor License LIQ2017-00129 Issued 7/14/2017 9/6/2019 Application 03-05046 Kathmandu Restaurant Two Inc.KATHMANDU RESTAURANT II 1964 28th St, Boulder, CO 80301-1102 Hotel-Restaurant Liquor License LIQ2018-00001 Issued 11/16/2017 1/4/2021 5/29/2019 Application 03-07214 Summit Hotel TRS 131, LLC BOULDER MARRIOTT 2660 Canyon Blvd, Boulder, CO 80302-6706 Hotel-Restaurant Liquor License LIQ2017-00025 Issued 3/14/2017 4/19/2019 Application 03-06248 Eat at Home, LLC RIVER AND WOODS 2328 Pearl Street, Boulder, CO 80302 Hotel-Restaurant Liquor License LIQ2017-00189 Issued 10/30/2017 12/14/2020 12/18/2019 Application 23-31478-0003 Baja in the Rockies, LLC WAHOO'S FISH TACOS 2790 Pearl St, Suite A, Boulder, CO 80302-3827 Hotel-Restaurant Liquor License LIQ2017-00095 Issued 4/26/2017 7/8/2019 Application 41-07583-0007 Pei Wei Asian Diner LLC PEI WEI ASIAN DINER 1675 29th St, Suite 1284, Boulder, CO 80301-1017 Hotel-Restaurant Liquor License LIQ2018-00055 Issued 1/26/2018 4/15/2020 4/19/2019 Application 23-57253-0000 The Angel Tree, Co BUFF 2600 CANYON BLVD., Boulder, CO 80302 Hotel-Restaurant Liquor License LIQ2017-00141 Issued 8/1/2017 9/16/2020 9/6/2019 Application 42-85819-0000 Back Country Pizza and Tap House, LLC BACK COUNTRY PIZZA AND TAP HOUSE 2319 Arapahoe Ave, Boulder, CO 80302-6605 Hotel-Restaurant Liquor License LIQ2017-00167 Issued 3/14/2017 5/21/2020 5/20/2019 Application 03-07969 Sage Client 499, LLC EMBASSY SUITES AND HILTON GARDEN INN 2601 Canyon Blvd and 2701 Canyon Blvd, Boulder, CO 80303 Hotel-Restaurant Liquor License LIQ2017-00055 Issued 5/9/2017 6/22/2020 6/18/2019 Application 12-47699-0007 California Pizza Kitchen, Inc CALIFORNIA PIZZA KITCHEN 1711 29th St, Suite 1180, Boulder, CO 80301-1053 Hotel-Restaurant Liquor License LIQ2017-00072 Issued 6/2/2017 7/20/2020 7/26/2019 Application 28-14915-0004 Qdoba Restaurant Corporation QDOBA MEXICAN EATS 1625 28th St, Boulder, CO 80301-1001 Hotel-Restaurant Liquor License LIQ2017-00182 Issued 10/18/2017 12/2/2020 11/13/2019 Application 02-61900-0000 Chez Thuy Corp CHEZ THUY 2655 28th St, Boulder, CO 80301-1219 Hotel-Restaurant Liquor License LIQ2017-00010 Issued 2/27/2017 5/3/2019 Application 03-02878 Hapa Franchise Group Inc.MOTOMAKI 1600 28th Street #1216, Boulder, CO, Boulder, CO 80302 Hotel-Restaurant Liquor License LIQ2017-00077 Issued 6/6/2017 7/8/2019 Application 03-06621 Fresh Thymes Eatery LLC FRESH THYMES EATERY 2500 30th St Suite 101, Boulder, CO 80301 Hotel-Restaurant Liquor License LIQ2017-00084 Issued 5/11/2017 7/20/2020 6/3/2019 Application 03-08352 Dang Tran, Inc.VINA PHO AND GRILL 1630 30th Street, Unit B, Boulder, CO 80301-1045 Hotel-Restaurant Liquor License LIQ2017-00194 Issued 9/1/2017 11/23/2020 10/28/2019 Application 03-09027 Shine Community LLC SHINE RESTAURANT & POTION BAR 2480 Canyon Boulevard, Unit M-1, Boulder, CO 80302 Hotel-Restaurant Liquor License LIQ2017-00168 Issued 8/11/2017 10/26/2020 10/18/2019 Application 03-08816 Boulder Pho, LLC BOULDER PHO 2855 28th St, Boulder, CO 80301-1223 Hotel-Restaurant Liquor License LIQ2018-00048 Issued 1/19/2018 3/5/2020 4/19/2019 Application 42-73034-0000 Basta Peloton LLC BASTA 3601 Arapahoe Ave Unit D-155, Boulder, CO 80303-1398 Hotel-Restaurant Liquor License LIQ2017-00185 Issued 10/26/2017 12/17/2020 12/30/2019 Application 42-75772-0000 29th Street Energy Cafe, LLC 29TH STREET ENERGY CAFE 1821 30th St, Boulder, CO 80301-1069 Hotel-Restaurant Liquor License LIQ2017-00120 Issued 7/12/2017 7/30/2020 7/16/2019 Application 03-04905 Chau Tam Pho 75 Inc BLACK PEPPER PHO 2770 Pearl St, Suite B, Boulder, CO 80302-3834 Hotel-Restaurant Liquor License LIQ2018-00004 Issued 9/15/2017 9/16/2020 9/25/2019 Application 42-85013-0000 Empire Pizza, LLC VERO 2525 Arapahoe Ave, Unit H-5B, Boulder, CO 80302-6720 Hotel-Restaurant Liquor License LIQ2017-00058 Issued 12/15/2016 6/21/2019 Application 03-07700 NF Colorado LLC NATIVE FOODS CAFE 1675 29th Street, Suite 1272, Boulder, CO 80301-1017 Hotel-Restaurant Liquor License LIQ2018-00032 Issued 1/4/2018 2/27/2020 3/13/2019 Application 10-82670-0000 The Food Group, LLC ZOLO GRILL 2525 Arapahoe Ave, Unit H-1, Boulder, CO 80302-6738 Hotel-Restaurant Liquor License LIQ2018-80139 Issued 4/16/2018 6/22/2020 6/21/2019 Application 03-10079 IE Bread LLC Basta Bread 3601 Arapahoe Avenue, Unit D-181, Boulder, CO 30803 Hotel-Restaurant Liquor License LIQ2018-00040 Issued 1/5/2018 3/17/2020 3/25/2019 Application 10-43456-0000 TerMar Enterprises Inc LE PEEP 2525 Arapahoe Ave Unit E 50, Boulder, CO 80302-6798 Hotel-Restaurant Liquor License LIQ2017-00148 Issued 8/10/2017 11/13/2019 Application 47-04995-0000 Boulder Roadhouse LLC ROADHOUSE AT DEPOT SQUARE 2366 Junction Place, Boulder, CO 80302 Hotel-Restaurant Liquor License LIQ2018-80110 Issued 3/8/2018 2/14/2020 5/6/2019 Application 03-09902 Global OsakaΓÇÖs Restaurants, LLC Osaka's 2460 Canyon Boulevard, Suite L-1, Boulder, CO 80302 Hotel-Restaurant Liquor License LIQ2019-00111 Issued 3/21/2019 5/6/2019 Application 03-11646 SREIT HP Boulder Opco, LLC Hyatt Place Boulder 2280 Junction Place, Boulder CO 80301 Hotel-Restaurant 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 12:00pm on Monday, March 9, 2020. P.O. Box 791 | 1136 Alpine Ave, Boulder CO 80304 | licensingonline@bouldercolorado.gov | O: 303-441-4192 CITY OF BOULDER BEVERAGES LICENSING AUTHORITY PRELIMINARY FINDINGS AND REPORT IN THE MATTER OF THE APPLICATION FROM Rusty Greenlee & Justine Myers, Members Rustys2, LLC P.O. Box 51 Laporte, CO 80535 RE: The Rusty Melon Proposed Premise Location: 65525 Gunpark Drive, Unit 380, Boulder, CO 80301 FOR A New Hotel-Restaurant type liquor license TO THE APPLICANT ABOVE-NAMED AND OTHER INTERESTED PARTIES; GREETINGS: Pursuant to C.R.S. 44-3-312(1) and the below referenced State laws and the city of Boulder Beverages Licensing Authority (BLA) Rules of Procedure, you are hereby advised that with regard to the application for a New Hotel-Restaurant type liquor license, an investigation has been made and based on the results thereof the following has been determined: 1.APPLICATION PACKET Responsive to C.R.S. §44-3-311(1) and BLA Rules of Procedure Section 4-3, the applicant, as stated above, submitted an application packet, which was substantially complete, to the City Clerk's Office on February 18, 2020. 2.PREVIOUS DENIALS AT THE SAME LOCATION Responsive to C.R.S. §44-3-313 (1)a et seq. and BLA Rules of Procedure, Subsection 5-1- 1 (A), as this is an application for a malt, vinous, or spirituous liquor license, that within two (2) years, preceding the date of the application, the state or the Authority have not denied an application for the same class of license at the same location or within 500 feet of the same location, for the reason that the reasonable requirements of the neighborhood and the desires of the inhabitants were satisfied by the existing outlets. This requirement is not applicable to applications for Bed and Breakfast Permits. 3.POSSESSION OF PREMISES Responsive to C.R.S. §44-3-313 (1)b and BLA Rules of Procedure, Subsection 5-1-1 (B), it appears from the evidence submitted that the applicant is entitled to possession of the premises where the license is proposed to be exercised until December 31, 2024. 4.ZONING AND HEALTH DEPARTMENT REGULATIONS COMPLIANCE Responsive to C.R.S. §44-3-313 (1)c and BLA Rules of Procedure, Subsection 5-1-1 (C), selling alcohol in the manner proposed in the application is not in violation of any zoning laws of the City of Boulder and the use is consistent with the location’s permissible planning conditions and zoning district. The applicant must meet all applicable laws, rules and regulations of the City’s Planning Department as to construction and building safety requirements at the premise, and if applicable, the Boulder County Health Department and the State Board of Health for food preparation and service. 5.PROXIMITY TO SCHOOLS Responsive to C.R.S. §44-3-313 (1)d et seq. and BLA Rules of Procedure, Subsection 5-1-1 (D), the building in which the liquor is to be sold has a local distance waiver enacted or is not located within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary. This requirement is not applicable to applications for Bed and Breakfast Permits. 6.BACKGROUND INFORMATION Responsive to C.R.S. §44-3-307 and BLA Rules of Procedure Subsection 5-1-1 (F), the following criminal history information has been discovered or brought to the attention of the Authority: Applicant (including partners, officers, directors over 10% stockholders): Rusty Greenlee – Member and Registered Manager 03/1995: Fail to Appear Hit & Run (Not Disclosed on IHR) 07/2004: Driving Under the Influence (Not Disclosed on IHR) 09/2010: Driving Under the Influence Source of information: Individual History Report (IHR), FBI and CBI results. Justine Myers – Member No criminal background was found or disclosed Source of information: Individual History Report (IHR), FBI and CBI results. Prior Administration and Operational Characteristics: The applicant currently holds a liquor license for Rustys, LLC d/b/a/ The Rusty Melon, 615 Mitchell Way #100A. Erie, CO 80516 since February, 2018. 7.APPLICANT FINANCIAL INTEREST Responsive to C.R.S. §44-3-308 and BLA Rules of Procedure Subsection 5-1-1 (G), the applicant’s financial interest and associated parties disclosures are to be found in the submitted city of Boulder BLA Financial Statement with attachments, the submitted Colorado Liquor Retail License Application or Colorado Fermented Malt Beverage License Application with attachments, and the submitted Individual History Record with attachments. A copy of each of these mentioned documents should have been retained by the applicant at the time of application and a copy of these mentioned documents will be provided to the BLA for the purposes of local licensing authority deliberations. 9. NEEDS AND DESIRES EVIDENCE Responsive to C.R.S. §44-3-312 (2)(a) and (b) and BLA Rules of Procedure Section 4-1 through Section 4-4, the applicant is reminded that they have the burden of proof to provide to the Authority for consideration sufficient evidence confirming that the adult residents and business owners and managers within the prior established boundaries of Authority designated Neighborhood both need and desire the proposed new liquor license in type, manner and location. 10. PUBLIC HEARING INFORMATION Responsive to C.R.S. §44-3-311 and BLA Rules of Procedure Section 5-1, you are hereby notified that the public hearing on this application will be held on Wednesday, April 15, 2020 at 3:00 p.m., as a Virtual Hearing. At said hearing, you will have the opportunity to be heard regarding all matters pertaining to the application, including all matters herein set forth. You are advised to obtain a copy of the State Laws, Rules, and Regulations pertinent to the license class for which you are applying. In addition, you are advised to obtain a copy of the applicable “Rules of Procedures” adopted by the Beverages Licensing Authority of the City of Boulder for use and guidance in holding hearings on liquor license applications. These Rules are available at: https://www- static.bouldercolorado.gov/docs/BLA_Rules_of_Procedure_complete._Jan._21._2020-1- 202002060901.pdf or a public copy is made available for review at the Licensing Clerk’s Office. April 8, 2020 BEVERAGE LICENSING AUTHORITY CITY OF BOULDER, COLORADO ____________________________________ Jon Yslas, Licensing Operations Specialist III For City Licensing Office From:Yslas, Jon To:rustys2llc@gmail.com Cc:licensestaff Subject:The Rusty Melon - New Liquor License Application - City of Boulder Beverage Licensing Authority Hearing Date:Tuesday, March 31, 2020 2:32:00 PM Attachments:BLA Emergency Rules changes packet.pdf image001.png The Rusty Melon Boundary Map.pdf Good Afternoon, The Rusty Melon has been scheduled for the April 15, 2020 BLA hearing for a new liquor license hearing. According to the City of Boulder BLA Emergency rule changes the hearing will only be conducted online via Zoom. City Licensing will be providing resources on how to access the meeting at a later date. Also, effective immediately and continuing until June 30, 2020, BLA Rule of Procedure, Section 4-1, is modified to allow staff (as opposed to the BLA) to set neighborhood boundaries at not less than ½ mile from the applicable premise location and to acknowledge that City Licensing will no longer prepare door to door petitioning templates and that letters in favor or letters in opposition, petitions in any manner collected, and written remonstrances should instead be collected and submitted to confirm neighborhood needs and desires for an application. Please refer to the attachments for additional information and the ½ mile radius map. Please submit letters in favor or opposition by Wednesday, April 8, 2020. If you wish for a continuance and have your application be added to the May 20, 2020 BLA hearing instead please let us know. Thank you for your cooperation during this time of change. Best Regards, Jon Yslas Licensing Operations Specialist III O: # 303-441-1934 YslasJ@bouldercolorado.gov Bouldercolorado.gov The City of Boulder is committed to and prepared for providing all essential services to our community during the coronavirus (COVID-19) pandemic. All City of Boulder buildings and facilities are closed through April 19 in an effort to help limit the spread of coronavirus, but staff are still working. We are continuing to provide services to the public electronically and by phone. · Please see our website at: www.bouldercolorado.gov/licensing for instructions on how to submit license applications via email to LicensingOnline@bouldercolorado.gov at this time and please submit questions or concerns to our team at that same email address. · For the latest local information on COVID-19, visit https://bouldercolorado.gov/coronavirus . -------------------------------------------------------------------------------------------------------------------------------------------- ------------------- My hours are typically 7:00 AM to 5:00 PM Monday to Friday. City Regulatory Licensing’s goal is to return voice mails within 36 hours and emails within 96 hours if received on business days in the order received and as quickly as volume allows. However, it may require a longer period if your inquiry is a complex matter that requires detailed research or responses from other departments. Be sure to check out our division website at: www.bouldercolorado.gov/licensing and scroll down to the bottom of the page for information on how to get your licensing questions answered more quickly at our new weekly Wednesday morning walk in or call in application clinics! The Rusty Melon: 6525 Gunpark Dr, #380, Boulder CO 803011/2 mile radius of proposed Hotel-Restaurant type liquor license premise for neighborhood boundary 1 Yslas, Jon From:Krista Ashford <kashford@dillanddill.com> Sent:Wednesday, April 8, 2020 12:56 PM To:Yslas, Jon; Adam Stapen Cc:Josh Dinar; Cook, Mishawn Subject:RE: Drift at the Rez - New Liquor License Application - City of Boulder Beverage Licensing Authority Hearing Jon, That would be the straw that broke the camel’s back. While they were going to obtain emails today, they did not post the poster. Can you please re‐create a poster for a May hearing date? Please confirm where and when to pick up the poster once it is ready. I was under the impression the building was closed and locked. If so, what other arrangements need to be made. Krista Ashford Licensing Specialist Dill Dill Carr Stonbraker & Hutchings, P.C. 455 Sherman St., Suite 300 | Denver, CO 80203 303.282.4113 | 303.777.3823 (fax) kashford@dillanddill.com | www.dillanddill.com E-Mail Confidentiality Notice From: Yslas, Jon <YslasJ@bouldercolorado.gov> Sent: Wednesday, April 8, 2020 11:35 AM To: Adam Stapen <astapen@dillanddill.com>; Krista Ashford <kashford@dillanddill.com> Cc: Josh Dinar <josh@diningout.com>; Cook, Mishawn <cookm@bouldercolorado.gov> Subject: RE: Drift at the Rez ‐ New Liquor License Application ‐ City of Boulder Beverage Licensing Authority Hearing Krista, Agenda Item 11 1 Yslas, Jon From:Crawford, Kelly Sent:Thursday, March 12, 2020 10:50 AM To:Yslas, Jon Subject:FW: 111696 - Silver Vines Winery Attachments:111696 -Silver Vines Winery.pdf Just so you have the original email from Sarah Shaffer from Planning. Kelly From: Crawford, Kelly Sent: Friday, January 24, 2020 8:10 AM To: licensestaff <licensestaff@bouldercolorado.gov> Subject: FW: 111696 ‐ Silver Vines Winery FYI – approved by Planning. Let me know when I can issue. Thanks! Kelly From: Shaffer, Sarah <ShafferS@bouldercolorado.gov> Sent: Wednesday, January 22, 2020 9:39 AM To: Crawford, Kelly <CrawfordK@bouldercolorado.gov>; Orosel, Whitney <OroselW@bouldercolorado.gov> Subject: 111696 ‐ Silver Vines Winery This application has been approved. Sarah Shaffer Associate Planner O: 303-413-7128 shaffers@bouldercolorado.gov Planning & Development Services 1739 Broadway, 3rd Floor P.O. Box 791 Boulder, CO 80306-0791 Bouldercolorado.gov City of Boulder Liquor License Notices Sent For Applications Expiring Between 06/01/2020 and 06/30/2020 Printed on 02/25/2020 Page 1 of 5 Notices were sent to the following licensees: Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type BAILEY'S WINE & SPIRITS / SML Partners LLC 4800 Baseline Rd Unit E101, Boulder, CO 80303-2643 03-06726 06/26/2020 05/12/2020Retail Liquor Store 4800 BASELINE RD #E101 BOULDER, CO 80303 BASELINE LIQUOR / Popinder Corp 2750 Baseline Rd, Boulder, CO 80303-3326 23-58665-0000 06/09/2020 04/25/2020Retail Liquor Store 2750 BASELINE RD BOULDER, CO 80303 Basta Bread / IE Bread LLC 3601 Arapahoe Avenue, Unit D-181, Boulder, CO 30803 03-10079 06/21/2020 05/07/2020Hotel-Restaurant 3601 ARAPAHOE AVENUE, UNIT D-181 BOULDER, CO 80303 BOULDER CHOPHOUSE & TAVERN / Walnut Brewery Inc 947 Walnut St, Boulder, CO 80302-5113 10-64755-0011 06/17/2020 05/03/2020Hotel-Restaurant 8001 ARISTA PLACE SUITE 500 BROOMFIELD, CO 80021 CALIFORNIA PIZZA KITCHEN / California Pizza Kitchen, Inc 1711 29th St, Suite 1180, Boulder, CO 80301-1053 12-47699-0007 06/21/2020 05/07/2020Hotel-Restaurant 12181 BLUFF CREEK DR 5TH FLOOR PLAYA VISTA, CA 90094 DA GABI CUCINA / Ananda Inc 3970 N Broadway, Unit 101, Boulder, CO 80304-1135 28-37036-0000 06/07/2020 04/23/2020Hotel-Restaurant 3970 N BROADWAY, UNIT 101 BOULDER, CO 80304 Printed on 02/25/2020 Page 2 of 5 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type DAIRY ARTS CENTER / The Dairy Center for the Arts 2590 Walnut St, Boulder, CO 80302-5700 12-16434-0000 06/01/2020 04/17/2020Arts 2590 WALNUT ST BOULDER, CO 80302 ETOWN / ETOWN 1535 Spruce Street, Boulder, CO 80302 03-01582 06/20/2020 05/06/2020Arts 1535 SPRUCE STREET BOULDER, CO 80302 EUREKA! / Eureka Restaurant Group, LLC 1048 Pearl Street, Unit # 105, Boulder, CO 80302 03-06453 06/26/2020 05/12/2020Hotel-Restaurant 12101 S CRENSHAW BLVD #400 HAWTHORNE, CA 90250 Flower Child / FC Arapahoe LLC 2580 Arapahoe Avenue, Unit 110, Boulder, CO 80302 03-10081 06/25/2020 05/11/2020Beer & Wine 4455 E CAMELBACK RD Suite B100 PHOENIX, AZ 85018 FOOD LAB / Food Lab LLC 1825 Pearl Street, Unit A, Boulder, CO 80302 03-04723 06/02/2020 04/18/2020Beer & Wine 2871 LOMA PLACE BOULDER, CO 80301 FRASCA FOOD AND WINE/PIZZERIA LOCALE / Frasca Food and Wine Inc 1738 Pearl St, Unit 104, Boulder, CO 80302-5525 18-26667-0000 06/24/2020 05/10/2020Hotel-Restaurant 1738 PEARL ST, UNIT 104 BOULDER, CO 80302 HARVEST WINE & SPIRITS / Berry, Inc 3075 Arapahoe Ave, Unit A, Boulder, CO 80303-1048 03-06727 06/26/2020 05/12/2020Retail Liquor Store 3075 ARAPAHOE AVE, UNIT A BOULDER, CO 80303 KING SOOPERS 61 / Dillon Companies, LLC 1650 30th St, Boulder, CO 80301-1014 01-10779-0020 06/26/2020 05/12/2020Fermented Malt Beverage Off-Premise PO BOX 305103 NASHVILLE, TN 37230-5103 Printed on 02/25/2020 Page 3 of 5 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type LARKBURGER / Larkburger of Colorado LLC 2525 Arapahoe Avenue, Unit H006, Boulder, CO 80302-6720 42-90984-0004 06/27/2020 05/13/2020Beer & Wine 3575 RINGSBY CT 311 DENVER, CO 80216 Le French Cafe / Cafe-In LLC 2525 Arapahoe Avenue, Unit C1, Boulder, CO 80302 03-10075 06/24/2020 05/10/2020Beer & Wine 2525 ARAPAHOE AVE Unit C1 BOULDER, CO 80302 MURPHY'S GRILL / Frye Restaurants, Inc 2731 Iris Ave, Boulder, CO 80304-2433 40-67519-0000 06/25/2020 05/11/2020Hotel-Restaurant 2731 IRIS AVE BOULDER, CO 80304 NATIVE FOODS CAFE / NF Colorado LLC 1675 29th Street, Suite 1272, Boulder, CO 80301-1017 03-07700 06/07/2020 04/23/2020Hotel-Restaurant 1110 W LAKE CROOK RD 195A BUFFALO GROVE, IL 60089 NEPAL CUISINE / Nepal Cuisine 4720 Table Mesa Drive, Unit C-100, Boulder, CO 80303-5561 42-52867-0000 06/16/2020 05/02/2020Hotel-Restaurant 4720 TABLE MESA DR # C-100 BOULDER, CO 80303 NORTH END AT 458O, THE / Dionysus LLC 4580 Broadway, Unit D-1, Boulder, CO 80304-4437 03-01547 06/17/2020 05/03/2020Hotel-Restaurant 4580 BROADWAY, UNIT D-1 BOULDER, CO 80304 PEARL STREET PUB AND CELLAR / Pearl Street Pub and Cellar, LLC 1108 Pearl St, Boulder, CO 80302-5112 23-90361-0000 06/29/2020 05/15/2020Tavern 1108 PEARL ST BOULDER, CO 80302 PEI WEI ASIAN DINER / Pei Wei Asian Diner LLC 1675 29th St, Suite 1284, Boulder, CO 80301-1017 41-07583-0007 06/21/2020 05/07/2020Hotel-Restaurant 6191 E N. STATE HWY 161 300 IRVING, TX 75038 Printed on 02/25/2020 Page 4 of 5 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type Pepper / Pearl Dive, LLC 1043 Pearl Street, Boulder, CO 80302 03-04182 06/29/2020 05/15/2020Hotel-Restaurant 1043 PEARL ST BOULDER, CO 80302 R GALLERY / Lantz, LLC 2027 Broadway, Boulder, CO 80302 03-11884 06/10/2020 04/26/2020Art Gallery 2027 BROADWAY BOULDER, CO 80302 Ralphie's Sports Bar & Grill / Dang Mihn Nguyet Inc 2860 Arapahoe Avenue, Boulder, CO 80303 03-11369 06/03/2020 04/19/2020Hotel-Restaurant 4328 W BELLEWOOD DR DENVER, CO 80123 RESIDENCE INN BOULDER / Boulder Lodging, LLC 2550 Canyon Boulevard, Boulder, CO 80302 03-08183 06/21/2020 05/07/2020Lodging and Entertainment 4949 S NIAGARA ST 300 DENVER, CO 80237 ROSE HILL WINE & SPIRITS / Lu & Associates 1089 13TH ST, Boulder, CO 80302-7305 42-46604-0000 06/01/2020 04/17/2020Retail Liquor Store 1089 13TH ST BOULDER, CO 80302 SAND WEDGE CAFÉ & BAR, THE / Three Worn Keys LLC 5706 Arapahoe Ave, Boulder, CO 80303-1360 03-08201 06/01/2020 04/17/2020Hotel-Restaurant with Optional Premise 1903 CLOVER CREEK DRIVE LONGMONT, CO 80503 TARGET STORES T-0064 / Target Corporation 2800 Pearl St, Boulder, CO 80301-1123 01-52854-0017 06/16/2020 05/02/2020Fermented Malt Beverage Off-Premise PO BOX 9471, CC-1028 MINNEAPOLIS, MN 55440 ZOE MA MA / Zoe Zen, Inc 2010 10th St, Boulder, CO 80302-5118 12-86441-0000 06/16/2020 05/02/2020Beer & Wine 2014 10TH ST BOULDER, CO 80302 Total Liquor Licensees Receiving Notices: 30 Printed on 02/25/2020 Page 5 of 5 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type Non-administrative renewal notices were sent to the following licensees: Liquor LicenseBARREL, THE / The Barrel LLC 1710 29th Street, Suite 1048, Boulder, CO 80301 03-06528 06/16/2020 05/02/2020 Total Non-Adminstrative Renewal Liquor Licensees Receiving Notices: 1 City of Boulder Liquor License Notices Sent For Applications Expiring Between 07/01/2020 and 07/31/2020 Printed on 03/17/2020 Page 1 of 5 Notices were sent to the following licensees: Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type ARCANA RESTAURANT / 909 Walnut Property LLC 909 Walnut Street, Boulder, CO 80302 03-04999 07/26/2020 06/11/2020Hotel-Restaurant 909 WALNUT ST BOULDER, CO 80302 BLACK CAT/BRAMBLE AND HARE / leapfrog, llc 1964 13th St, Boulder, CO 80302-5205 35-07424-0000 07/24/2020 06/09/2020Hotel-Restaurant 9889 N 51ST ST LONGMONT, CO 80503 BLACK PEPPER PHO / Chau Tam Pho 75 Inc 2770 Pearl St, Suite B, Boulder, CO 80302-3834 03-04905 07/30/2020 06/15/2020Hotel-Restaurant 2770 PEARL ST Suite B BOULDER, CO 80302 Boulder Theater/ McDevitt Taco Supply / Z2 Entertainment LLC 2032 14th Street, Boulder, CO 80302-5303 25-56077-0001 07/18/2020 06/03/2020Tavern 2032 14TH STREET BOULDER, CO 80302 CAFE BLUE / CAFE BLUE LLC 5280 Spine Rd, Unit 103, Boulder, CO 80301-3682 25-38234-0000 07/06/2020 05/22/2020Hotel-Restaurant 5280 SPINE RD, UNIT 103 BOULDER, CO 80301 CIRCLE K STORE 2709851 / Circle K Stores Inc 1480 Canyon Boulevard, Boulder, CO 80302-5305 21-65089-0073 07/22/2020 06/07/2020Fermented Malt Beverage Off-Premise PO BOX 690007 SAN ANTONIO, TX 78269 Printed on 03/17/2020 Page 2 of 5 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type CIRCLE K STORE 2709861 / Circle K Stores Inc 2877 Baseline Road, Boulder, CO 80303-2311 21-65089-0074 07/22/2020 06/07/2020Fermented Malt Beverage Off-Premise PO BOX 690007 SAN ANTONIO, TX 78269 CIRCLE K STORE 2709865 / Circle K Stores Inc 3040 N Broadway, Boulder, CO 80304-3135 21-65089-0075 07/22/2020 06/07/2020Fermented Malt Beverage Off-Premise PO BOX 690007 SAN ANTONIO, TX 78269 CORNER, THE / Boulder DT LLC 1100 13th St, Boulder, CO 80302 03-01680 07/28/2020 06/13/2020Hotel-Restaurant 4314 9TH ST BOULDER, CO 80304 FRESH THYMES EATERY / Fresh Thymes Eatery LLC 2500 30th St Suite 101, Boulder, CO 80301 03-06621 07/20/2020 06/05/2020Hotel-Restaurant 2500 30TH ST Unit 101 BOULDER, CO 80301 MAY WAH CHINESE & VIETNAMESE RESTAURANT / Chay Loi & Nu To Do 2500 Baseline Road, Boulder, CO 80305-3324 40-42325-0000 07/17/2020 06/02/2020Hotel-Restaurant 2500 BASELINE ROAD BOULDER, CO 80305 MODERN MARKET / Modmarket, LLC 1600 28th St., Suite 1212, Boulder, CO 80301-1031 42-70212-0000 07/15/2020 05/31/2020Beer & Wine 1600 CHAMPA STREET, SUITE 340 DENVER, CO 80202 PROTO'S PIZZA / PROTO'S PIZZA INC 4670 N Broadway, Boulder, CO 80304-0510 26-31428-0004 07/26/2020 06/11/2020Hotel-Restaurant 4670 BROADWAY ST BOULDER, CO 80304-0510 QDOBA MEXICAN EATS / Qdoba Restaurant Corporation 1625 28th St, Boulder, CO 80301-1001 28-14915-0004 07/19/2020 06/04/2020Hotel-Restaurant 350 CAMINO DE LA REINA SAN DIEGO, CA 92108 Printed on 03/17/2020 Page 3 of 5 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type RAYBACK COLLECTIVE / Boulder Food Park, LLC 2775 Valmont Road, Boulder, CO 80304 03-08341 07/27/2020 06/12/2020Tavern 2775 VALMONT RD BOULDER, CO 80304 RIFF'S URBAN FARE / Riff's Urban Fare LLC 1115 Pearl St, Boulder, CO 80302-5103 14-69889-0000 07/31/2020 06/16/2020Hotel-Restaurant 1115 PEARL ST BOULDER, CO 80302 RIVERSIDE / The Riverside Group, Ltd.1724 Broadway Street, Boulder, CO 80302 03-08252 07/30/2020 06/15/2020Lodging and Entertainment 1724 BROADWAY ST BOULDER, CO 80302 SANCHOS MEXICAN RESTAURANT / Sanchos Mexican Restaurant II LLC 6545 Gunpark Drive, Unit 280, Boulder, CO 80301 03-08353 07/19/2020 06/04/2020Hotel-Restaurant 6545 GUNPARK DR Unit 280 BOULDER, CO 80301 SFORNO TRATTORIA ROMANA / Sforno Restaurant Concepts LLC 1308 PEARL STREET, Boulder, CO 80302 03-03220 07/23/2020 06/08/2020Hotel-Restaurant 1308 PEARL ST BOULDER, CO 80302 SUSHI ZANMAI/ SAKE ZANMAI: AMU / Sushi Zanmai, Inc 1221 Spruce St, Boulder, CO 80302-4805 10-51332-0000 07/31/2020 06/16/2020Hotel-Restaurant 1221 SPRUCE ST BOULDER, CO 80302 TANDOORI GRILL / Tandoori, Inc 619 S Broadway, Boulder, CO 80305-5926 24-98848-0000 07/27/2020 06/12/2020Hotel-Restaurant 619 S BROADWAY ST BOULDER, CO 80305-5926 TRIDENT BOOKSELLERS & CAFÉ / Trident Business Partners, LLC 938-940 Pearl Street, Boulder, CO 80302 03-06665 07/24/2020 06/09/2020Beer & Wine 940 PEARL ST BOULDER, CO 80302 Printed on 03/17/2020 Page 4 of 5 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type VINA PHO AND GRILL / Dang Tran, Inc.1630 30th Street, Unit B, Boulder, CO 80301-1045 03-08352 07/20/2020 06/05/2020Hotel-Restaurant 1630 30TH ST Unit B BOULDER, CO 80301 ZOE'S KITCHEN / Zoe’s Colorado, LLC 1695 29th Street, Suite 1248, Boulder, CO 80301 03-06666 07/24/2020 06/09/2020Beer & Wine PO BOX 37750 CINCINNATI, OH 45222 Total Liquor Licensees Receiving Notices: 24 Printed on 03/17/2020 Page 5 of 5 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type Non-administrative renewal notices were sent to the following licensees: Liquor LicenseCOSMO'S PIZZA / R & F Corp 1325 Broadway, Unit 108, Boulder, CO 80303-6237 40-66454-0000 07/23/2020 06/08/2020 Total Non-Adminstrative Renewal Liquor Licensees Receiving Notices: 1 1 Yslas, Jon From:Mazurkiewicz, Beata Sent:Thursday, March 12, 2020 9:18 AM To:Yslas, Jon Subject:Proposed Amendment to SB 20-110 Attachments:SB110_L.001.pdf From: led_liquor_rules_working_group_members@getresponse‐mail.com <led_liquor_rules_working_group_members@getresponse‐mail.com> On Behalf Of LED Sent: Wednesday, February 26, 2020 9:09 AM To: Mazurkiewicz, Beata <MazurkiewiczB@bouldercolorado.gov> Subject: Proposed Amendment to SB 20‐110 External Sender February 26, 2020 Dear Liquor Stakeholders, We would like to thank you for your input and suggestions regarding Senate Bill 20-110, which proposes to increase penalty fines for violations of the Liquor Code. It is precisely this type of transparent engagement and open conversation that leads to innovative and collaborative resolutions and keeps our partnership strong. In our conversations with stakeholders, we have heard much concern over the proposed fine cap of one hundred thousand ($100,000.00) dollars potentially being issued on a first violation for sale to a minor; and how that action, while unlikely, could potentially lead to an inequitable result. In order to assuage these concerns, the bill is being amended to reflect a penalty scheme by which the fine range for any violation would be between five hundred ($500.00) and one hundred thousand ($100,000.00) dollars, but that would cap the fine for a first time offense of the least severe violations at only five thousand ($5,000.00) dollars. 2 The Division, in collaboration with stakeholders, will establish categories of violations ranging in severity through the traditional rulemaking and stakeholder engagement process this year (commencing in May). Please review the attached draft amendments to the bill and contact us at: dor_led@state.co.us with any further comments or concerns you may have in regards to this proposed legislation. Again, we would like to thank you for your honest and thoughtful engagement with the Division regarding these important issues that affect our industry partners in the everyday operation of their businesses, and hope that we can move forward with this proposed bill in the spirit of strengthening the marketplace for the whole of Colorado. Colorado Liquor Enforcement Division P.O. Box 173350, Denver, CO 80217, United States You may unsubscribe or change your contact details at any time. Powered by: DRAFT 2.25.20SB110_L.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Appropriations. SB20-110 be amended as follows: 1 Amend printed bill, page 2, lines 2 and 3, strike "(1), (3)(b), and (3)(c)" 2 and substitute "(1) and (3)(b); repeal (3)(c); and add (3.5)". 3 Page 2, strike lines 20 through 22 and substitute "(3)(a)(I) AND (3)(a)(II) 4 OF THIS SECTION.". 5 Page 3, strike line 1. 6 Page 3, after line 5 insert: 7 "(c) THE STATE LICENSING AUTHORITY SHALL A DOPT RULES 8 ESTABLISHING CATEGORIES OF VIOLA T IONS BY LEVEL OF SEVERITY AND 9 ASSOCIATED RANGES OF PENALT IES FOR STATE AND LOCAL LICENSING 10 AUTHORIT IES, INCLUDING AGGRAVATING AND MITIGATING FACTORS TO BE 11 CONSIDERED IN DETERMINING PENALTIES. A FINE IMPOSED PURSUANT TO 12 THIS SUBSECTION (1) MUST BE BETWEEN FIVE HU ND RE D AND ONE 13 HUNDRED THOUSA ND DOLLARS; EXCEPT THAT PENALTIES FOR A FIRST 14 VIOLATION THAT IS IN T HE LEAST SEVERE LEVEL OF LICENSE VIOLATIONS 15 ESTABLISHED PURSUANT TO THIS SUBSECTION (1)(c) MUST NOT E XCEED 16 FIVE THOUSAND DOLLARS.". 17 Page 3, line 7, strike "THIS SECTION OR". 18 Page 3, strike line 8. 19 Page 3, strike lines 13 through 19 and substitute: 20 "(c) Payment of any fine pursuant to the provisions of this 21 subsection (3) shall be in the form of cash or in the form of a certified 22 check or cashier's check made payable to the state or local licensing 23 authority, whichever is appropriate. 24 (3.5) THE METHOD OF PAYMENT OF ANY FIN E P URSUANT TO 25 SUBSECTION (1) OR (3) OF THIS SECTION: 26 (a) TO A LOCAL LICENSING AUTHORITY SHALL BE IN THE FORM OF 27 CASH OR IN THE FORM OF A CERTIFIED CHECK OR CASHIER'S CHECK MADE 28 PAYABLE TO THE LOCAL LICENSING AUTHORITY; 29 (b) TO THE STATE LICENSING AUTHORITY SHALL BE IN THE FORM 30 DETERMINED BY THE STATE LICENSING AUTHORITY BY RULE.". ** *** ** *** ** LLS: Yelana Love x2295 From:Mazurkiewicz, Beata To:Yslas, Jon Subject:FW: Calculation Fact Sheet SB 20-110 Date:Monday, March 30, 2020 4:17:14 PM Attachments:Calculation Memo to Leg and Get Response 3.12.pdf External Sender March 12, 2020 Dear Liquor Stakeholders, As we continue to work towards passage and implementation of Senate Bill 20-110, in the interest of transparency, we would like to provide you with the attached calculation fact sheet – demonstrating how fines are calculated and some hypothetical scenarios. We hope that this information will help relieve some of the anxiety we are hearing surrounding the implementation of this bill. As always, LED is happy to discuss concerns and suggestions on this, and any other legislative proposals that affect the industry. Please submit any written comments to: dor_led@state.co.us. Colorado Liquor Enforcement Division P.O. Box 173350, Denver, CO 80217, United States You may unsubscribe or change your contact details at any time. Powered by:GetResponse SB 20-110 Concerning Fines Levied by Licensing Authority for Violations of Laws Related to Alcohol Beverages Background: Per statute (44-3-601(3)(b), C.R.S.) fines shall be the equivalent to twenty percent of the licensee’s estimated gross revenues from sales of alcohol beverages during the period of the proposed suspension; except that the fine must be between two hundred and five thousand dollars. For 2 years in rulemaking we have heard industry say the fine range of $200-$5,000 does not serve the purpose, which is to deter violations and encourage voluntary compliance. SB 20-110 will increase the range to $500 - $100,000, which is consistent with other states and other DOR divisions, including the Marijuana Enforcement Division. This 20% provision ensures the fine is proportionate for the size of the business. The business also has the option of shutting down for a number of days based on a penalty and fine matrix that was developed by LED and industry several years ago. Using this standard calculation, in order to get to a $100,000 penalty for a first time sale to a minor offense, a retail liquor store would have to generate approximately 3 million dollars a month in alcohol sales. For example: (1) If “Bob’s Liquors” has a monthly alcohol sales total of $40,000 for the month of February, 2020, their average daily sales would be: $1,379 (monthly sales divided by 29 days in February, 2020); (2) That resulting daily sales total, multiplied by five (5) days of proposed active suspension would be: $6,896. (3) 20% of the above total would be: $1,379  this would be the fine that Bob’s Liquors would have to pay in lieu of serving the five (5) active days of their proposed suspension. Amendment (L.001) maintains the five thousand dollar limit for the first offense but still increases the range for subsequent infractions. This compromise with industry gives them peace of mind that businesses won’t be fined $100,000 at first opportunity. The amendment also directs the State Licensing Authority to work with industry to update the penalty and fine matrix. Please note, all revenue generated from penalties and fines goes to the state General Fund and does not implicate LED’s budget in any way. LED very much supports economic growth in the liquor industry and is proactive in providing licensees with educational opportunities rather than severe penalties. LED maintains discretion in assessing penalties, which can be aggravated or mitigated by a variety of circumstances. 1 Yslas, Jon From:Mazurkiewicz, Beata Sent:Monday, March 30, 2020 4:18 PM To:Yslas, Jon Subject:FW: Trade Show Regulation Hearing Reminder Attachments:47-322 F For Hearing.pdf External Sender March 12, 2020 Dear Liquor Stakeholders, Just a quick reminder that the hearing regarding the "Trade Show" Regulation (47-322(F)) will be held this upcoming Monday - March 16th, at 9:00 a.m., in the "Red Rocks" Conference Room located in the Marijuana Enforcement Division; 1707 Cole Blvd, Suite 300, Golden, CO 80401. The Regulation at issue is attached for your convenience. We look forward to seeing you on Monday. If you have any questions, please contact us at dor_led@state.co.us. Colorado Liquor Enforcement Division P.O. Box 173350, Denver, CO 80217, United States You may unsubscribe or change your contact details at any time. Powered by: 1 DEPARTMENT OF REVENUE Liquor Enforcement Division COLORADO LIQUOR RULES 1 CCR 203-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Regulation 47-322. Unfair Trade Practices and Competition. * * * F. WHOLESALER TRADE SHOWS AND TRADE EVENTS 1. FOR PURPOSES OF THIS REGULATION 47-322(F): A. “TRADE SHOW” MEANS AN EVENT TO WHICH MORE THAN FOURTEEN (14) AUTHORIZED ATTENDEES ARE INVITED AND WHICH IS ORGANIZED AND CONDUCTED BY OR ON BEHALF OF ONE OR MORE WHOLESALERS, AS DEFINED IN REGULATION 47-100(I), FOR THE PURPOSE OF EXHIBITING AND PROVIDING INFORMATION REGARDING ALCOHOL BEVERAGE PRODUCTS AND SERVICES OFFERED BY THE PARTICIPATING WHOLESALER(S), TO RETAILERS LICENSED TO BUY SUCH ALCOHOL BEVERAGE PRODUCTS FROM THE WHOLESALER(S), AND TO PROVIDE SAMPLES OF SUCH ALCOHOL BEVERAGE PRODUCTS FOR CONSUMPTION DURING THE EVENT. B. “TRADE EVENT” MEANS AN EVENT TO WHICH FOURTEEN (14) OR FEWER AUTHORIZED ATTENDEES ARE INVITED AND WHICH IS ORGANIZED AND CONDUCTED BY OR ON BEHALF OF ONE OR MORE WHOLESALERS, AS DEFINED IN REGULATION 47-100(I), FOR THE PURPOSE OF EXHIBITING AND PROVIDING INFORMATION REGARDING ALCOHOL BEVERAGE PRODUCTS AND SERVICES OFFERED BY THE PARTICIPATING WHOLESALER(S), TO RETAILERS LICENSED TO BUY SUCH ALCOHOL BEVERAGE PRODUCTS FROM THE WHOLESALER(S), AND TO PROVIDE SAMPLES OF SUCH ALCOHOL BEVERAGE PRODUCTS FOR CONSUMPTION DURING THE EVENT. C. “HOSTING ON-PREMISES RETAILER” MEANS A RETAILER LICENSED FOR ON- PREMISES CONSUMPTION ON WHOSE LICENSED PREMISES A TRADE SHOW OR TRADE EVENT IS HELD. D. “AUTHORIZED ATTENDEES” MEANS, AND SHALL BE LIMITED TO: I. OFFICERS, DIRECTORS, AND EMPLOYEES OF A RETAIL LICENSEE THAT IS LICENSED TO SELL THE TYPE OF ALCOHOL BEVERAGES TO BE EXHIBITED AND SAMPLED DURING THE TRADE SHOW OR TRADE EVENT; II. OTHER INDIVIDUALS AFFILIATED WITH ONE OR MORE RETAIL LICENSEES AS INDEPENDENT CONSULTANTS OR EXPERTS; AND III. NO MORE THAN ONE ADULT GUEST OF EACH INDIVIDUAL AUTHORIZED TO ATTEND THE TRADE SHOW OR TRADE EVENT UNDER SUBPARAGRAPHS (D)(I)- (II). CODE OF COLORADO REGULATIONS 1 CCR 203-2 Liquor Enforcement Division 2 2. TRADE SHOWS OR TRADE EVENTS ARE SUBJECT TO THE FOLLOWING REQUIREMENTS AND LIMITATIONS: A. A TRADE SHOW OR TRADE EVENT SHALL TAKE PLACE ONLY WITH THE PERMISSION OF, AND ON THE LICENSED PREMISES OF, A HOSTING ON-PREMISES RETAILER THAT IS LICENSED TO SELL THE TYPE OF ALCOHOL BEVERAGES TO BE EXHIBITED AND SAMPLED DURING THE TRADE SHOW OR TRADE EVENT. B. A TRADE SHOW OR TRADE EVENT SHALL NOT BE OPEN TO THE GENERAL PUBLIC, AND SHALL BE LIMITED TO AUTHORIZED ATTENDEES REGISTERED (EITHER IN ADVANCE OR AT THE DOOR). THE WHOLESALER(S) PARTICIPATING IN THE TRADE SHOW OR TRADE EVENT SHALL MAINTAIN REGISTRATION RECORDS CONTAINING, AT A MINIMUM, THE DATE OF THE TRADE SHOW OR TRADE EVENT, THE NAME OF THE HOSTING ON-PREMISES RETAILER, THE NAME OF EACH AUTHORIZED ATTENDEE WHO ATTENDED THE TRADE SHOW OR TRADE EVENT, AND THE NAME OF THE LICENSED RETAILER(S) WITH WHICH EACH AUTHORIZED ATTENDEE IS ASSOCIATED. THE REGISTRATION RECORDS FROM THE TRADE SHOW OR TRADE EVENT SHALL BE AVAILABLE FOR INSPECTION BY THE DIVISION DURING THE TRADE SHOW OR TRADE EVENT AND SHALL BE PROVIDED TO THE DIVISION WITHIN TEN (10) DAYS OF THE CONCLUSION OF THE TRADE SHOW OR TRADE EVENT. C. BY AGREEMENT, THE PARTICIPATING WHOLESALER(S), THE HOSTING ON-PREMISES RETAILER OR BOTH (INCLUDING SUCH ENTITIES’ AGENTS AND EMPLOYEES) MAY SERVE SAMPLES OF ALCOHOL BEVERAGE PRODUCT(S) TO AUTHORIZED ATTENDEES DURING A TRADE SHOW OR TRADE EVENT. SUCH SAMPLES SHALL BE PROVIDED TO AUTHORIZED ATTENDEES FREE OF CHARGE. I. THE ENTITY OR ENTITIES RESPONSIBLE FOR THE SERVING OF THE ALCOHOL BEVERAGE PRODUCTS DURING A TRADE SHOW OR TRADE EVENT SHALL BE RESPONSIBLE FOR ANY VIOLATIONS OF THE LIQUOR CODE, BEER CODE, OR SPECIAL EVENT CODE, AND/OR ANY REGULATION PROMULGATED PURSUANT THERETO, RELATED TO THE SERVING OF ALCOHOL BEVERAGE PRODUCTS DURING A TRADE SHOW OR TRADE EVENT, INCLUDING, BUT NOT LIMITED TO, VIOLATIONS RELATED TO SERVICE OF ALCOHOL BEVERAGES TO A VISIBLY INTOXICATED PERSON OR TO A PERSON UNDER TWENTY-ONE YEARS OF AGE. D. ALCOHOL BEVERAGE PRODUCTS USED FOR A TRADE SHOW OR TRADE EVENT MUST COMPLY WITH ALL APPLICABLE PRODUCT REGISTRATION AND LABELING REQUIREMENTS, INCLUDING THOSE SET FORTH IN REGULATION 47-904(F) AND (G). E. ALL TAXES, FEES AND SURCHARGES REQUIRED BY SECTION 44-3-503, C.R.S., MUST BE PAID FOR ALL ALCOHOL BEVERAGE PRODUCTS USED IN A TRADE SHOW OR TRADE EVENT. F. INVOICES FOR ALCOHOL BEVERAGE PRODUCTS USED FOR A TRADE SHOW OR TRADE EVENT MUST BE CLEARLY LABELED AS A “NO-COST TRADE SHOW/EVENT INVENTORY RECORD” AND SHALL BE SUBJECT TO THE FOLLOWING REQUIREMENTS: I. ANY WHOLESALER PARTICIPATING IN A TRADE SHOW OR TRADE EVENT MUST INVOICE ANY ALCOHOL BEVERAGE PRODUCTS TO BE USED IN THE TRADE SHOW OR TRADE EVENT TO THE HOSTING ON-PREMISES RETAILER. NOTWITHSTANDING ANY OTHER RULE OR REGULATION TO THE CONTRARY CONTAINED IN 1 CCR 203-2, THE WHOLESALER SHALL INVOICE THE HOSTING ON-PREMISES RETAILER FOR ALCOHOL BEVERAGE PRODUCTS TO BE USED IN A TRADE SHOW OR TRADE EVENT AT NO COST. CODE OF COLORADO REGULATIONS 1 CCR 203-2 Liquor Enforcement Division 3 II. THE HOSTING ON-PREMISES RETAILER MUST RECEIVE ALL WHOLESALERS’ INVOICE(S) FOR ALCOHOL BEVERAGE PRODUCTS TO BE USED IN THE TRADE SHOW OR TRADE EVENT PRIOR TO THE COMMENCEMENT OF THE TRADE SHOW OR TRADE EVENT, AND SHALL RETAIN SUCH INVOICE(S) FOR THEIR RECORDS. III. ANY WHOLESALER(S) PARTICIPATING IN A TRADE SHOW OR TRADE EVENT SHALL PROVIDE THE DIVISION WITH COPIES OF ALL INVOICE(S) TO BE ISSUED IN ACCORDANCE WITH THIS PARAGRAPH (F)(2)(F) AS AN ACCOUNTING FOR ALL THE ALCOHOL BEVERAGE PRODUCTS INTENDED TO BE USED DURING THE TRADE SHOW, AND THE ANTICIPATED DROP-OFF AND PICK-UP DATES FOR SUCH ALCOHOL PRODUCT, AT LEAST THREE (3) DAYS PRIOR TO THE COMMENCEMENT OF THE TRADE SHOW. IV. IN ORDER TO ACCOUNT FOR UNANTICIPATED CHANGES IN THE ALCOHOL BEVERAGE PRODUCTS TO BE USED DURING A TRADE SHOW OR TRADE EVENT, ANY W HOLESALER(S) PARTICIPATING IN A TRADE SHOW OR TRADE EVENT MAY PROVIDE THE DIVISION WITH AN “AMENDED NO-COST TRADE SHOW/EVENT INVENTORY RECORD” BEFORE THE COMMENCEMENT OF THE SCHEDULED TRADE SHOW OR TRADE EVENT, PROVIDED THE WHOLESALER(S) COMPLIED WITH THE PROVISIONS OF PARAGRAPH (F)(2)(F)(III) OF THIS REGULATION IN THE FIRST INSTANCE. V. AT THE CONCLUSION OF THE TRADE SHOW OR TRADE EVENT, ANY ALCOHOL BEVERAGE PRODUCT(S) INVOICED FOR USE DURING THE TRADE SHOW OR TRADE EVENT (WHETHER OPENED OR UNOPENED) SHALL BE REMOVED FROM THE HOSTING ON-PREMISES RETAILER’S LICENSED PREMISES BY THE WHOLESALER(S), OR DESTROYED. A. ANY ALCOHOL BEVERAGE PRODUCT(S) INVOICED FOR USE DURING THE TRADE SHOW OR TRADE EVENT REMAINING ON THE HOSTING ON- PREMISES RETAILER’S LICENSED PREMISES AT THE CONCLUSION OF THE TRADE SHOW OR TRADE EVENT, AND AWAITING WHOLESALER PICK-UP, MUST BE HELD IN A SECURE AREA OF THE HOSTING ON- PREMISES RETAILER’S LICENSED PREMISES, KEPT SEPARATE FROM, AND CLEARLY LABELED TO DISTINGUISH SUCH ALCOHOL BEVERAGE PRODUCT(S) FROM, THE HOST ON-PREMISES RETAILER’S STOCK, BY AFFIXING A COPY OF THE MOST CURRENT INVOICE ISSUED PURSUANT TO PARAGRAPH (F)(2)(F)(III), OR (F)(2)(F)(IV) OF THIS REGULATION, AND MARKING SUCH INVOICE WITH THE ANTICIPATED PICK-UP DATE OF THE ALCOHOL BEVERAGE PRODUCT(S), WHICH SHALL BE NO MORE THAN THIRTY (30) DAYS AFTER THE CONCLUSION OF THE TRADE SHOW OR TRADE EVENT. B. ALLOWING ANY ALCOHOL BEVERAGE PRODUCT(S) INVOICED FOR USE DURING THE TRADE SHOW OR TRADE EVENT (WHETHER OPENED OR UNOPENED) TO REMAIN ON THE HOSTING ON-PREMISES RETAILER’S LICENSED PREMISES AFTER THE CONCLUSION OF THE THIRTY (30) DAY PICK-UP WINDOW ALLOWED FOR IN PARAGRAPH (F)(2)(F)(V)(A) ABOVE, SHALL BE DEEMED A VIOLATION OF THIS REGULATION, FOR WHICH BOTH THE WHOLESALER(S), AND HOSTING ON-PREMISES RETAIL LICENSEE SHALL BE RESPONSIBLE. G. NO DELIVERY OR EXCHANGE OF ALCOHOL BEVERAGE PRODUCT(S) BETWEEN A PARTICIPATING WHOLESALER AND AUTHORIZED BUYER OF SAME SHALL TAKE PLACE DURING THE TRADE SHOW OR TRADE EVENT. CODE OF COLORADO REGULATIONS 1 CCR 203-2 Liquor Enforcement Division 4 H. A HOSTING ON-PREMISES RETAILER SHALL NOT BE DEEMED TO BE RECEIVING UNLAWFUL FINANCIAL ASSISTANCE FROM THE WHOLESALER(S) PARTICIPATING IN THE TRADE SHOW OR TRADE EVENT, SO LONG AS THE HOSTING ON-PREMISES RETAILER DOES NOT DIRECTLY BENEFIT FROM THE SALE OF ANY ALCOHOL BEVERAGE PRODUCT EXHIBITED TO OR SAMPLED BY AUTHORIZED ATTENDEES DURING THE TRADE SHOW OR TRADE EVENT. I. ALL DOCUMENTS AND INFORMATION REQUIRED TO BE PROVIDED TO THE DIVISION PURSUANT TO PARAGRAPHS (F)(2)(B) AND (F)(2)(F) OF THIS REGULATION, SHALL BE PROVIDED USING A METHOD AUTHORIZED BY THE DIVISION (WHICH, AT THE DIVISION’S DISCRETION, MAY BE THROUGH UPLOADING THE RECORDS TO AN ONLINE LOCATION SPECIFIED BY THE DIVISION OR THROUGH ELECTRONIC MAIL). 3. THIS REGULATION 47-322(F) SHALL NOT APPLY TO: A. EVENTS SIMILAR TO THOSE ADDRESSED IN THIS REGULATION THAT ARE ORGANIZED AND CONDUCTED AS SPECIAL EVENTS PURSUANT TO, AND IN COMPLIANCE WITH ARTICLE 5 OF TITLE 44, THE EXEMPTION SET FORTH IN SECTION 44-5-108, C.R.S., PROVISIONS OF ARTICLE 3 OF TITLE 44 APPLICABLE TO SPECIAL EVENTS, AND REGULATIONS 47-1000 THROUGH 47-1022, 1 CCR 203-2. B. TASTINGS CONDUCTED BY A LICENSED WINERY PURSUANT TO SECTION 44-3-402(2), C.R.S.; BY A LIMITED WINERY, PURSUANT TO SECTION 44-3-403(2)(E), C.R.S.; BY A DISTILLERY, PURSUANT TO SECTION 44-3-402(7), C.R.S.; BY A BEER WHOLESALER, PURSUANT TO SECTION 44-3-407(1)(B), C.R.S.; OR AS PART OF A WINE FESTIVAL PERMIT, PURSUANT TO SECTION 44-3-404, C.R.S. *** Please note that existing Subsections F through M of Regulation 47-322 will need to be re- lettered as subsections G through N (respectively), in order to reflect the insertion of this new subsection F. 1 Yslas, Jon From:Mazurkiewicz, Beata Sent:Monday, March 30, 2020 4:18 PM To:Yslas, Jon Subject:FW: Trade Show Regulation Hearing Reminder Attachments:47-322 F For Hearing.pdf External Sender March 12, 2020 Dear Liquor Stakeholders, Just a quick reminder that the hearing regarding the "Trade Show" Regulation (47-322(F)) will be held this upcoming Monday - March 16th, at 9:00 a.m., in the "Red Rocks" Conference Room located in the Marijuana Enforcement Division; 1707 Cole Blvd, Suite 300, Golden, CO 80401. The Regulation at issue is attached for your convenience. We look forward to seeing you on Monday. If you have any questions, please contact us at dor_led@state.co.us. Colorado Liquor Enforcement Division P.O. Box 173350, Denver, CO 80217, United States You may unsubscribe or change your contact details at any time. Powered by: 1 DEPARTMENT OF REVENUE Liquor Enforcement Division COLORADO LIQUOR RULES 1 CCR 203-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Regulation 47-322. Unfair Trade Practices and Competition. * * * F. WHOLESALER TRADE SHOWS AND TRADE EVENTS 1. FOR PURPOSES OF THIS REGULATION 47-322(F): A. “TRADE SHOW” MEANS AN EVENT TO WHICH MORE THAN FOURTEEN (14) AUTHORIZED ATTENDEES ARE INVITED AND WHICH IS ORGANIZED AND CONDUCTED BY OR ON BEHALF OF ONE OR MORE WHOLESALERS, AS DEFINED IN REGULATION 47-100(I), FOR THE PURPOSE OF EXHIBITING AND PROVIDING INFORMATION REGARDING ALCOHOL BEVERAGE PRODUCTS AND SERVICES OFFERED BY THE PARTICIPATING WHOLESALER(S), TO RETAILERS LICENSED TO BUY SUCH ALCOHOL BEVERAGE PRODUCTS FROM THE WHOLESALER(S), AND TO PROVIDE SAMPLES OF SUCH ALCOHOL BEVERAGE PRODUCTS FOR CONSUMPTION DURING THE EVENT. B. “TRADE EVENT” MEANS AN EVENT TO WHICH FOURTEEN (14) OR FEWER AUTHORIZED ATTENDEES ARE INVITED AND WHICH IS ORGANIZED AND CONDUCTED BY OR ON BEHALF OF ONE OR MORE WHOLESALERS, AS DEFINED IN REGULATION 47-100(I), FOR THE PURPOSE OF EXHIBITING AND PROVIDING INFORMATION REGARDING ALCOHOL BEVERAGE PRODUCTS AND SERVICES OFFERED BY THE PARTICIPATING WHOLESALER(S), TO RETAILERS LICENSED TO BUY SUCH ALCOHOL BEVERAGE PRODUCTS FROM THE WHOLESALER(S), AND TO PROVIDE SAMPLES OF SUCH ALCOHOL BEVERAGE PRODUCTS FOR CONSUMPTION DURING THE EVENT. C. “HOSTING ON-PREMISES RETAILER” MEANS A RETAILER LICENSED FOR ON- PREMISES CONSUMPTION ON WHOSE LICENSED PREMISES A TRADE SHOW OR TRADE EVENT IS HELD. D. “AUTHORIZED ATTENDEES” MEANS, AND SHALL BE LIMITED TO: I. OFFICERS, DIRECTORS, AND EMPLOYEES OF A RETAIL LICENSEE THAT IS LICENSED TO SELL THE TYPE OF ALCOHOL BEVERAGES TO BE EXHIBITED AND SAMPLED DURING THE TRADE SHOW OR TRADE EVENT; II. OTHER INDIVIDUALS AFFILIATED WITH ONE OR MORE RETAIL LICENSEES AS INDEPENDENT CONSULTANTS OR EXPERTS; AND III. NO MORE THAN ONE ADULT GUEST OF EACH INDIVIDUAL AUTHORIZED TO ATTEND THE TRADE SHOW OR TRADE EVENT UNDER SUBPARAGRAPHS (D)(I)- (II). CODE OF COLORADO REGULATIONS 1 CCR 203-2 Liquor Enforcement Division 2 2. TRADE SHOWS OR TRADE EVENTS ARE SUBJECT TO THE FOLLOWING REQUIREMENTS AND LIMITATIONS: A. A TRADE SHOW OR TRADE EVENT SHALL TAKE PLACE ONLY WITH THE PERMISSION OF, AND ON THE LICENSED PREMISES OF, A HOSTING ON-PREMISES RETAILER THAT IS LICENSED TO SELL THE TYPE OF ALCOHOL BEVERAGES TO BE EXHIBITED AND SAMPLED DURING THE TRADE SHOW OR TRADE EVENT. B. A TRADE SHOW OR TRADE EVENT SHALL NOT BE OPEN TO THE GENERAL PUBLIC, AND SHALL BE LIMITED TO AUTHORIZED ATTENDEES REGISTERED (EITHER IN ADVANCE OR AT THE DOOR). THE WHOLESALER(S) PARTICIPATING IN THE TRADE SHOW OR TRADE EVENT SHALL MAINTAIN REGISTRATION RECORDS CONTAINING, AT A MINIMUM, THE DATE OF THE TRADE SHOW OR TRADE EVENT, THE NAME OF THE HOSTING ON-PREMISES RETAILER, THE NAME OF EACH AUTHORIZED ATTENDEE WHO ATTENDED THE TRADE SHOW OR TRADE EVENT, AND THE NAME OF THE LICENSED RETAILER(S) WITH WHICH EACH AUTHORIZED ATTENDEE IS ASSOCIATED. THE REGISTRATION RECORDS FROM THE TRADE SHOW OR TRADE EVENT SHALL BE AVAILABLE FOR INSPECTION BY THE DIVISION DURING THE TRADE SHOW OR TRADE EVENT AND SHALL BE PROVIDED TO THE DIVISION WITHIN TEN (10) DAYS OF THE CONCLUSION OF THE TRADE SHOW OR TRADE EVENT. C. BY AGREEMENT, THE PARTICIPATING WHOLESALER(S), THE HOSTING ON-PREMISES RETAILER OR BOTH (INCLUDING SUCH ENTITIES’ AGENTS AND EMPLOYEES) MAY SERVE SAMPLES OF ALCOHOL BEVERAGE PRODUCT(S) TO AUTHORIZED ATTENDEES DURING A TRADE SHOW OR TRADE EVENT. SUCH SAMPLES SHALL BE PROVIDED TO AUTHORIZED ATTENDEES FREE OF CHARGE. I. THE ENTITY OR ENTITIES RESPONSIBLE FOR THE SERVING OF THE ALCOHOL BEVERAGE PRODUCTS DURING A TRADE SHOW OR TRADE EVENT SHALL BE RESPONSIBLE FOR ANY VIOLATIONS OF THE LIQUOR CODE, BEER CODE, OR SPECIAL EVENT CODE, AND/OR ANY REGULATION PROMULGATED PURSUANT THERETO, RELATED TO THE SERVING OF ALCOHOL BEVERAGE PRODUCTS DURING A TRADE SHOW OR TRADE EVENT, INCLUDING, BUT NOT LIMITED TO, VIOLATIONS RELATED TO SERVICE OF ALCOHOL BEVERAGES TO A VISIBLY INTOXICATED PERSON OR TO A PERSON UNDER TWENTY-ONE YEARS OF AGE. D. ALCOHOL BEVERAGE PRODUCTS USED FOR A TRADE SHOW OR TRADE EVENT MUST COMPLY WITH ALL APPLICABLE PRODUCT REGISTRATION AND LABELING REQUIREMENTS, INCLUDING THOSE SET FORTH IN REGULATION 47-904(F) AND (G). E. ALL TAXES, FEES AND SURCHARGES REQUIRED BY SECTION 44-3-503, C.R.S., MUST BE PAID FOR ALL ALCOHOL BEVERAGE PRODUCTS USED IN A TRADE SHOW OR TRADE EVENT. F. INVOICES FOR ALCOHOL BEVERAGE PRODUCTS USED FOR A TRADE SHOW OR TRADE EVENT MUST BE CLEARLY LABELED AS A “NO-COST TRADE SHOW/EVENT INVENTORY RECORD” AND SHALL BE SUBJECT TO THE FOLLOWING REQUIREMENTS: I. ANY WHOLESALER PARTICIPATING IN A TRADE SHOW OR TRADE EVENT MUST INVOICE ANY ALCOHOL BEVERAGE PRODUCTS TO BE USED IN THE TRADE SHOW OR TRADE EVENT TO THE HOSTING ON-PREMISES RETAILER. NOTWITHSTANDING ANY OTHER RULE OR REGULATION TO THE CONTRARY CONTAINED IN 1 CCR 203-2, THE WHOLESALER SHALL INVOICE THE HOSTING ON-PREMISES RETAILER FOR ALCOHOL BEVERAGE PRODUCTS TO BE USED IN A TRADE SHOW OR TRADE EVENT AT NO COST. CODE OF COLORADO REGULATIONS 1 CCR 203-2 Liquor Enforcement Division 3 II. THE HOSTING ON-PREMISES RETAILER MUST RECEIVE ALL WHOLESALERS’ INVOICE(S) FOR ALCOHOL BEVERAGE PRODUCTS TO BE USED IN THE TRADE SHOW OR TRADE EVENT PRIOR TO THE COMMENCEMENT OF THE TRADE SHOW OR TRADE EVENT, AND SHALL RETAIN SUCH INVOICE(S) FOR THEIR RECORDS. III. ANY WHOLESALER(S) PARTICIPATING IN A TRADE SHOW OR TRADE EVENT SHALL PROVIDE THE DIVISION WITH COPIES OF ALL INVOICE(S) TO BE ISSUED IN ACCORDANCE WITH THIS PARAGRAPH (F)(2)(F) AS AN ACCOUNTING FOR ALL THE ALCOHOL BEVERAGE PRODUCTS INTENDED TO BE USED DURING THE TRADE SHOW, AND THE ANTICIPATED DROP-OFF AND PICK-UP DATES FOR SUCH ALCOHOL PRODUCT, AT LEAST THREE (3) DAYS PRIOR TO THE COMMENCEMENT OF THE TRADE SHOW. IV. IN ORDER TO ACCOUNT FOR UNANTICIPATED CHANGES IN THE ALCOHOL BEVERAGE PRODUCTS TO BE USED DURING A TRADE SHOW OR TRADE EVENT, ANY W HOLESALER(S) PARTICIPATING IN A TRADE SHOW OR TRADE EVENT MAY PROVIDE THE DIVISION WITH AN “AMENDED NO-COST TRADE SHOW/EVENT INVENTORY RECORD” BEFORE THE COMMENCEMENT OF THE SCHEDULED TRADE SHOW OR TRADE EVENT, PROVIDED THE WHOLESALER(S) COMPLIED WITH THE PROVISIONS OF PARAGRAPH (F)(2)(F)(III) OF THIS REGULATION IN THE FIRST INSTANCE. V. AT THE CONCLUSION OF THE TRADE SHOW OR TRADE EVENT, ANY ALCOHOL BEVERAGE PRODUCT(S) INVOICED FOR USE DURING THE TRADE SHOW OR TRADE EVENT (WHETHER OPENED OR UNOPENED) SHALL BE REMOVED FROM THE HOSTING ON-PREMISES RETAILER’S LICENSED PREMISES BY THE WHOLESALER(S), OR DESTROYED. A. ANY ALCOHOL BEVERAGE PRODUCT(S) INVOICED FOR USE DURING THE TRADE SHOW OR TRADE EVENT REMAINING ON THE HOSTING ON- PREMISES RETAILER’S LICENSED PREMISES AT THE CONCLUSION OF THE TRADE SHOW OR TRADE EVENT, AND AWAITING WHOLESALER PICK-UP, MUST BE HELD IN A SECURE AREA OF THE HOSTING ON- PREMISES RETAILER’S LICENSED PREMISES, KEPT SEPARATE FROM, AND CLEARLY LABELED TO DISTINGUISH SUCH ALCOHOL BEVERAGE PRODUCT(S) FROM, THE HOST ON-PREMISES RETAILER’S STOCK, BY AFFIXING A COPY OF THE MOST CURRENT INVOICE ISSUED PURSUANT TO PARAGRAPH (F)(2)(F)(III), OR (F)(2)(F)(IV) OF THIS REGULATION, AND MARKING SUCH INVOICE WITH THE ANTICIPATED PICK-UP DATE OF THE ALCOHOL BEVERAGE PRODUCT(S), WHICH SHALL BE NO MORE THAN THIRTY (30) DAYS AFTER THE CONCLUSION OF THE TRADE SHOW OR TRADE EVENT. B. ALLOWING ANY ALCOHOL BEVERAGE PRODUCT(S) INVOICED FOR USE DURING THE TRADE SHOW OR TRADE EVENT (WHETHER OPENED OR UNOPENED) TO REMAIN ON THE HOSTING ON-PREMISES RETAILER’S LICENSED PREMISES AFTER THE CONCLUSION OF THE THIRTY (30) DAY PICK-UP WINDOW ALLOWED FOR IN PARAGRAPH (F)(2)(F)(V)(A) ABOVE, SHALL BE DEEMED A VIOLATION OF THIS REGULATION, FOR WHICH BOTH THE WHOLESALER(S), AND HOSTING ON-PREMISES RETAIL LICENSEE SHALL BE RESPONSIBLE. G. NO DELIVERY OR EXCHANGE OF ALCOHOL BEVERAGE PRODUCT(S) BETWEEN A PARTICIPATING WHOLESALER AND AUTHORIZED BUYER OF SAME SHALL TAKE PLACE DURING THE TRADE SHOW OR TRADE EVENT. CODE OF COLORADO REGULATIONS 1 CCR 203-2 Liquor Enforcement Division 4 H. A HOSTING ON-PREMISES RETAILER SHALL NOT BE DEEMED TO BE RECEIVING UNLAWFUL FINANCIAL ASSISTANCE FROM THE WHOLESALER(S) PARTICIPATING IN THE TRADE SHOW OR TRADE EVENT, SO LONG AS THE HOSTING ON-PREMISES RETAILER DOES NOT DIRECTLY BENEFIT FROM THE SALE OF ANY ALCOHOL BEVERAGE PRODUCT EXHIBITED TO OR SAMPLED BY AUTHORIZED ATTENDEES DURING THE TRADE SHOW OR TRADE EVENT. I. ALL DOCUMENTS AND INFORMATION REQUIRED TO BE PROVIDED TO THE DIVISION PURSUANT TO PARAGRAPHS (F)(2)(B) AND (F)(2)(F) OF THIS REGULATION, SHALL BE PROVIDED USING A METHOD AUTHORIZED BY THE DIVISION (WHICH, AT THE DIVISION’S DISCRETION, MAY BE THROUGH UPLOADING THE RECORDS TO AN ONLINE LOCATION SPECIFIED BY THE DIVISION OR THROUGH ELECTRONIC MAIL). 3. THIS REGULATION 47-322(F) SHALL NOT APPLY TO: A. EVENTS SIMILAR TO THOSE ADDRESSED IN THIS REGULATION THAT ARE ORGANIZED AND CONDUCTED AS SPECIAL EVENTS PURSUANT TO, AND IN COMPLIANCE WITH ARTICLE 5 OF TITLE 44, THE EXEMPTION SET FORTH IN SECTION 44-5-108, C.R.S., PROVISIONS OF ARTICLE 3 OF TITLE 44 APPLICABLE TO SPECIAL EVENTS, AND REGULATIONS 47-1000 THROUGH 47-1022, 1 CCR 203-2. B. TASTINGS CONDUCTED BY A LICENSED WINERY PURSUANT TO SECTION 44-3-402(2), C.R.S.; BY A LIMITED WINERY, PURSUANT TO SECTION 44-3-403(2)(E), C.R.S.; BY A DISTILLERY, PURSUANT TO SECTION 44-3-402(7), C.R.S.; BY A BEER WHOLESALER, PURSUANT TO SECTION 44-3-407(1)(B), C.R.S.; OR AS PART OF A WINE FESTIVAL PERMIT, PURSUANT TO SECTION 44-3-404, C.R.S. *** Please note that existing Subsections F through M of Regulation 47-322 will need to be re- lettered as subsections G through N (respectively), in order to reflect the insertion of this new subsection F. 1 Yslas, Jon From:Mazurkiewicz, Beata Sent:Monday, March 30, 2020 4:19 PM To:Yslas, Jon Subject:FW: Bulletin 20-2 Lawful Product Returns For Event Cancellations Attributable to COVID-19 Concerns Attachments:Bulletin 20-02 Product Returns Covid 19.pdf External Sender March 13, 2020 Dear Liquor Industry Members and Stakeholders, Please review the attached Bulletin 20-02 regarding product returns necessitated by special event cancellations that are attributable to COVID-19 concerns. Please do not hesitate to reach out to us at dor_led@state.co.us with any questions. Colorado Liquor Enforcement Division P.O. Box 173350, Denver, CO 80217, United States You may unsubscribe or change your contact details at any time. Poweredby: Physical Address: 1697 Cole Boulevard, Suite 200 Lakewood, CO 80401 Mailing Address: P.O. Box 17087 Denver, CO 80217-0087 Fax: 303-866-2428 BULLETIN 20-02 REFERENCE: LAWFUL PRODUCT RETURNS FOR EVENTS CANCELLED DUE TO COVID-19 CONCERNS DATE: MARCH 13, 2020 Today the Alcohol and Tobacco Tax and Trade Bureau (TTB) released the following statement: RETURNS OF PRODUCTS PURCHASED FOR EVENTS CANCELLED DUE TO CORONAVIRUS (COVID-19) The federal consignment sales rules generally prohibit the sale or purchase of alcohol beverage products with the privilege of return. See 27 CFR 11.21. Returns for ordinary and usual commercial reasons arising after the product has been sold are not prohibited, but the return or exchange of a product because it is overstocked or slow-moving does not constitute a return for ordinary and commercial reasons. See 27 CFR 11.45. Local officials and event organizers have begun announcing cancellations of widely- attended events, such as parades, festivals, fairs, concerts, and sporting events based on concerns about COVID-19. These announcements may be made after wholesalers and retailers purchased large quantities of products to sell during those events. Given the unexpected and widespread nature of the concerns involving COVID-19, TTB will not consider returns of alcohol beverage products purchased to sell during such cancelled events to violate federal consignment sales rules provided the products were not initially purchased or sold with the privilege of return. Even though such returns are lawful, a producer or wholesaler is not required to accept returns of such products. Similarly, the Colorado Liquor Enforcement Division (LED) will not consider returns of alcohol beverage products that fall within the foregoing statement from TTB to violate the state consignment sales rule. See Regulation 47-322(F), 1 C.C.R. 203-2. In addition, unlike the corresponding federal regulations (see 27 CFR 11.21), the Colorado Liquor Rules already allow for returns related to events under certain circumstances. Generally, Regulation 47-322(F), 1 C.C.R. 203-2, prohibits consignment sales, allows wholesalers to accept returns and provide account credit or product exchange for “ordinary and usual commercial reasons,” and defines what is and is not an ordinary and usual commercial reason. There are two parts of the regulation that would allow returns related to events cancelled due to COVID-19: 2 DR 4041B (06/14/17) 1. Returns for venues that operate only during scheduled events. Regulation 47-322(F)(3)(g) allows a wholesaler to “remove and grant credit for those products that are likely to spoil or violate a manufacturer’s freshness standards” for “venues that operate only during scheduled events.” 2. Returns for special event permit holders. Similarly, under Regulation 47-322(F)(3)(k), a wholesaler is permitted to accept a return of alcohol beverages previously sold to a retailer, and to provide account credit or product exchange, for “[h]olders of special event permits that have unsold alcohol beverages after the licensed event.” If you have any questions about this bulletin, email LED at dor_led@state.co.us or call the customer service line at (303) 205-2300. 1 Yslas, Jon From:Mazurkiewicz, Beata Sent:Monday, March 30, 2020 4:19 PM To:Yslas, Jon Subject:FW: LED - Operation Updates Attachments:LED Notification.pdf External Sender March 17, 2020 Dear Liquor Industry Members and Stakeholders, We realize these are unprecedented times right now. It is our greatest hope that during this time, all participants in the Colorado Liquor Industry continue to remain safe and well. Governor Polis has ordered the closure or reduction in services of many Liquor licensees. Closure is effective at 8:00 AM on March 17, 2020, and for the next 30 days. Our offices will also be closed to the public at this time. Staff will be working and available to answer questions. We encourage open communication with the Liquor Enforcement Division (LED) as questions arise. As we all know the information and situation surrounding COVID-19 is rapidly changing. We will keep the industry informed as the Department is made aware of situations that affect the Colorado LED offices and the Liquor industry. We are receiving many questions regarding alcohol delivery, product returns, extension of credit, and the delay of license renewals. These items require review from offices outside of the LED, and the correct decision makers have been made aware of your concerns. Communication is key for all of us at this time. Please reach out to the LED via phone, (303) 205-2300 or email, dor_led@state.co.us. Once again please accept our gratitude as we work through this difficult time together. Should you have any questions please do not hesitate to give us a call. Best Regards, Colorado Liquor Enforcement Division P.O. Box 173350, Denver, CO 80217, United States You may unsubscribe or change your contact details at any time. Powered by: 2 Physical Address: 1697 Cole Blvd., Suite 200 Lakewood, CO 80401 Mailing Address: P.O. Box 17087 Denver, CO 80217-0087 DR 4041C (05/02/19) Dear Liquor Licensees and Licensing Clerks, The Department of Revenue (DOR) Liquor Enforcement Division (LED) is aware that this is an especially stressful time for business owners and employees, given the uncertainties that COVID-19 poses locally, nationally, and internationally. This is a moment when it's critical that all of us as stakeholders acknowledge the single most important interest we all value - public health and safety. We have a duty to protect all Coloradans. Governor Polis has ordered the closure of all Colorado Department of Revenue offices to the public for 30 days to the public beginning on March 18, 2020. There are several ways to submit license applications:  New Applications o Applications for new State Issued licenses may be submitted by printing off the required forms and mailing the forms to 1697 Cole Blvd., Suite 200, Lakewood, CO 80401. A check for the applicable fees should accompany the application. o Please inquire with your Local Licensing Authority for questions regarding applying for a locally issued retail license.  Renewal Applications: o Renewal applications may also be submitted to the LED via mail from State Llicensees and Local Licensing Authorities. Please know that DOR leadership is engaged in ongoing and intensive consultation with key decision-makers and resources, including the Governor's Office and the Colorado Department of Public Health and Environment. This dialogue helps ensure alignment with mandates for health and wellness, and that we're attempting to be responsive to your challenges. DOR recognizes that at moments like this, our support to licensees can be crucial. As a result, the Liquor Enforcement Division remains open for business. The only modification is that commencing on Wednesday, March 18, the LED will deliver services remotely or via mail without the in-person option at our offices. Our ability to continue to serve you is absolutely dependent on the health of our staff, and we think we can improve the likelihood of their availability if they focus on communication with you and the public via email, phone, and US mail. Thank you, Liquor Enforcement Division 1 Yslas, Jon From:Cook, Mishawn Sent:Tuesday, March 31, 2020 10:42 AM To:kmahoney38@comcast.net; Michael Friesen; Michael Absalom; Alyssa Lundgren; Matthew Califano Cc:Kalish, Debra; licensestaff Subject:BLA April 15 hearing and BLA Emergency Rules to facilitate application processing and future hearings Attachments:BLA Emergency Rules changes packet.pdf Dear BLA Members: First and most importantly, the City Licensing office and our staff hope that you all are well and healthy, and that your loved ones are too. Our office is conducting our regular work and maintaining our regular hours to continue to process license applications but City of Boulder facilities are closed. Next, we wanted to let you know about our licensing plans for the interim during the City Emergency.  City Council on March 24 noted that the BLA is an essential city board, so our hearings will continue remotely via Zoom and our hearing agendas will also include a call in number that will be published so that public comment can still be provided. Our next scheduled hearing that will be conducted in this manner is on Wednesday April 15 at 3PM. More information will be forthcoming to you via email from Jon Yslas with our office.  Under BLA Emergency Rules now attached (regular BLA Rules are also attached here for comparison), BLA hearing items will now only be scheduled if there is a need and desires component to the application item (new, permanent modifications, change in class, change in location) or if the BLA has previously directed that a hearing should be scheduled. This is to both ensure that BLA hearings are 4 hours or less (Zoom hearings may only be 4 hours in length with recording capability) and also to provide the City Licensing Office with flexibility to focus hearings and to expedite license renewals and license transfers.  The stay at home order has made certain licensee practices unsafe, such as in person server trainings and door to door petitioning for applications, so the BLA Emergency Rules also make changes to those standard practices to again facilitate application processing during this unexpected time. Last, as you probably have heard in the media, Gov. Polis and in turn the State Liquor Enforcement Division has allowed on‐premise liquor licensees to continue to provide food for take out or for delivery during the business closure ordered, and if the restaurant or bar is supplying a customer with food, then the on‐premise liquor licensee may also sell alcohol with that order. Because this is a substantial change from the regular restrictions in the Colorado State Liquor Code, we thought that you may be interested in receiving the state guidance document for this process. A copy of this email and the attachments will be included in the hearing packet for the April 15 hearing so that it is also publicly available. Please do not “reply all” but instead email or call me directly if you have comments or questions about the content. We look forward to virtually seeing you all on April 15. Thank you, Mishawn Cook, CMC Licensing Manager 2 1136 Alpine Avenue – Boulder CO 80304 BoulderColorado.gov Main: 303‐441‐4192 and City Cell: 303‐330‐1447 Website: www.bouldercolorado.gov/licensing The City of Boulder is committed to and prepared for providing all essential services to our community during the coronavirus (COVID‐19) pandemic. All City of Boulder buildings and facilities are closed through April 19 in an effort to help limit the spread of coronavirus, but staff are still working. We are continuing to provide services to the public electronically and by phone.  Please see our website at: www.bouldercolorado.gov/licensing for instructions on how to submit license applications via email to LicensingOnline@bouldercolorado.gov at this time and please submit questions or concerns to our team at that same email address.  For the latest local information on COVID‐19, visit https://bouldercolorado.gov/coronavirus Current BLA Rule, Section 8-4 Current BLA Rule, Sections 8-1, and 8-1-1 Current BLA Rule, Section 4-1 Current BLA Rule, Section 3-6 Emergency Order 2020-8 CITY OF BOULDER ORDER RELATED TO DECLARATION OF LOCAL DISASTER EMERGENCY A disaster emergency was declared by the city manager on March 14, 2020. The city council confirmed and extended the emergency declaration until further notice at the March 16, 2020 special council meeting. Pursuant to Section 2-2.5-7 “Powers” B.R.C. 1981, the city manager finds a need to issue this order in order to protect the health, safety and welfare of persons or property within the city or to otherwise preserve the public peace or abate, clean up or mitigate the effects of any disaster emergency. 1.On March 13, 2020, the city manager issued an order cancelling all Board and Commission meetings. This order ratifies that order. All board, commission, board subcommittee, council subcommittee meetings are canceled except as provided in this order. 2.The authority to schedule and hold a board and commission meeting is delegated to the department director who or whose staff serves as secretary for that board. Board or commission meetings may be held in the following circumstances: a.The meeting is necessary to award funds appropriated by the city council; b. The meeting is necessary to provide feedback for an item scheduled for action by the city council; or c. The meeting is necessary for another reason approved by the city manager. 3. The authority to increase staff authority to grant administrative approval is delegated to the department director who or whose staff serves as secretary for the board. 4. The authority to extend any deadline is delegated to the department director who or whose staff serves as secretary for the board. 5.The authority to adopt rules to streamline and facilitate meetings of boards or commissions is delegated to the department director who or whose staff serves as secretary for the board. 6.City working groups shall not meet unless specifically authorized by the city manager. 7. Council and Board subcommittees shall meet only to the extent that meetings to not interfere with staff required to respond to the current emergency. All meetings shall be held remotely with all persons participating by telephone or computer. No in person gathering shall be permitted. This order is necessary to prevent the assembly of large groups of people which will present a risk of infection during the disaster emergency. Once issued, this order may be changed from time to time during the period of a declared disaster emergency based upon the discretion of the city manager. Enforcement: Pursuant to Section 2-2.5-8 “Adherence to Emergency Orders” B.R.C. 1981, Police, code enforcement and such other law enforcement and peace officers as may be authorized by the city manager shall be authorized to enforce the orders, rules and regulations made or issued pursuant a declared disaster emergency. Notice: All members of the public shall be deemed to have been given notice of the restrictions contained within a declaration upon its dissemination to the news media or publication on city websites or by use of other means of publicity. Violation of Order: During the period of a declared disaster emergency, a person shall not: (1)Enter or remain upon the premises of any establishment not open for business to the general public, unless such person is the owner or authorized agent of the establishment; (2)Violate any of the orders duly issued by the city manager or designee pursuant to such declaration; or (3)Willfully obstruct, hinder or delay any duly authorized city officer, employee or volunteer in the enforcement or exercise of the provisions of this chapter, or of the undertaking of any activity pursuant to this chapter. DATE: _____________ 2020, ___________ a.m. / p.m. __________________________________ City Manager or other Authorized City Official as designated by Chapter 2-2.5 “Civil Emergencies and Disasters” B.R.C., 1981. March 20, 2020 Physical Address: 1697 Cole Boulevard, Suite 200 Lakewood, CO 80401 Mailing Address: P.O. Box 17087 Denver, CO 80217-0087 Fax: 303-866-2428 Colorado Liquor Enforcement Division Notice: Executive Order D 2020 011 Temporary Suspension of Enforcement on On- Premise Retailed Licensees and Breweries to Sell, Deliver or Provide Alcohol for Takeout On March 20, 2020, Governor Jared Polis issued Executive Order D 2020 011, which temporarily suspends the enforcement of the statutory license limitations in C.R.S. §§ 44-3- 301(3)(a), 44-3-901(1)(g), 44-3-901(10), and 44-4-107(6) for retailers licensed for on-premises alcohol consumption to sell, deliver or provide for takeout of sealed alcohol beverages if the customer, who is over twenty-one, also purchases food, for a period of 30 days until April 18, 2020. Executive Order D 2020 011 also temporarily suspends the statutory license limitations in C.R.S. §§ 44-3-301(3)(a), 44-3-901(1)(g), and 44-3-901(10) for breweries operating an approved salesroom to sell, deliver or provide for takeout of sealed containers of malt liquor, if the customer is over twenty-one, for a period of 30 days until April 18, 2020. In order to comply with the temporary allowances for on-premise retail licensed facilities and breweries operating an approved salesroom, you must: ●Operate a licensed on-premise retail establishment that sells food, or brewery that operates an approved salesroom, and provide alcohol beverage in sealed containers (as defined by C.R.S. 44-3-103(51) without violating the open container law C.R.S. 42- 4-1305); ●Hold one of the following on-premise retail license types: Beer and Wine, Brew Pubs, Club Licenses, Distillery Pubs, Hotel & Restaurant, Lodging and Entertainment, Tavern, or Vintners Restaurant; ●Sell alcohol with the sale of food (food and alcohol purchases must be reflected on the same receipt or transaction), or brewery with an approved salesroom; ●Provide only products manufactured on-site, if a licensed as a distillery pub or brewery (may not provide mixed drinks); ●Receive orders via online, in person, telephonically, or third party vendor; ●Not violate the delivery requirements of the sealed container law in C.R.S. 44-3- 103(51) and open container law in C.R.S. 42-4-1305. Deliveries may only be made to the address provided at the time of the order. Persons making the deliveries must be over the age of 21 and an employee of the licensee. Persons delivering must verify the age of the individual receiving the alcohol beverage(s); ●Sell to only those individuals who are 21 years of age or over (individual placing the order must provide their name, date of birth, and delivery address) and verify information upon delivery; and ●Retain all records regarding the delivery of alcohol beverages pursuant to C.R.S. 44- 3-701. This Executive Order is in effect from March 20, 2020, to April 18, 2020, at which time, the temporary suspension of enforcement of C.R.S. §§ 44-3-301(3)(a), 44-3-901(1)(g), 44-3- 901(10), and 44-4-107(6) will expire, and retailers will be required to conform and comply with preexisting statutes and rules for on-premise retail licensing and breweries. The Governor’s order was enacted to facilitate sales for on-premise restaurants and bars after the public health mandate was issued in response to the COVID-19 outbreak in Colorado that forced the closure of dine-in services for all Colorado restaurants and bars. The Liquor Enforcement Division will continue to work with industry members and licensees to enact the Governor’s orders and facilitate a dialog between the state and the industry. If you have any further questions, please contact 303-205-2300 or dor_led@state.co.us. Agenda Item 12