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02.16.22 BLA PacketBeverage licensing Authority Hearing Packet FEBRUARY 16, 2022 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, FEBRUARY 16, 2022, at 3:00 P.M. VIRTUAL HEARING DURING CITY REMOTE WORK VISIT THE FOLLOWING LINK 15 MINUTES PRIOR TO MEETING FOR ACCESS: https://bouldercolorado.gov/government/board -commission/beverage-licensing-authority AGENDA 1. Agenda Item: i. Instructions for virtual hearing and rules of decorum; ii. Member roll call; iii. Approval of Beverage Licensing Authority (BLA) minutes from January 19, 2022, hearing iv. With our thanks and best wishes, Chair Alyssa Lundgren’s appointment of Acting Chair, in the event of Vice Chair absence v. Hearing agenda issues from licensing clerk; 2. Matters from the Boulder Police Department. 3. Matters from the Responsible Association of Retailers (RAR). 4. General Public Comments for Future Beverage Licensing Authority Hearings. 5. Public hearing and consideration of an application filed on November 4, 2021 from Century Theatres, Inc. d/b/a Century 16, 1700 29th Street, Boulder, CO 80301; Century Theatres, Inc. [CTI] as Applicant with Cinemark USA, Inc. [CUI] as 1st underlying sole o wner, and with Cinemark Holdings, Inc. [CHI]-a publicly traded company, as 2nd underlying sole owner; and with Mark Zoradi as CEO and Director of CTI and CUI; Michael Cavalier, Vice President and Secretary of CTI and CUI; and with Sean Gamble, Executive Vi ce President and CFO of CTI and CUI; and with Kayla Liszewski, Registered Manager with a business mailing address of 3900 Dallas Parkway, Suite 500, Plano, TX 75093, for a renewal of a Lodging and Entertainment liquor license. 6. As needed, public hearing and continued consideration of an application filed on October 13, 2021 from Niche Workspaces, LLC. d/b/a The NICHE Event Space., 4571 Broadway, Boulder, CO 80304 ; Jesse Day, Owner and Proposed Registered Manager, with a premise business mailing address for a New Tavern type liquor license. 7. Public hearing and consideration of an application filed on November 23, 2021 from Frasca Food and Wine Inc. d/b/a Frasca Food and Wine/Pizzeria Locale, 1738 Pearl Street, Unit 104, Boulder, CO 80302; Peter Hoglund, Robert Stuckey and John MacKinnon-Patterson, Owners; with a premise mailing address, for a Permanent Modification of a Hotel-Restaurant type liquor license. 8. Public hearing and consideration of an application filed on December 14, 2021 from DeRossi Boulder, LLC. d/b/a Avant Garden Bistro, 1002 Walnut Steet, Suite 102, Boulder, CO 80302; Ravi Lalchandani, Owner and Registered Manager; with a business mailing address of 445 E. 6th Street. New York, NY 10009 for a new Hotel-Restaurant type liquor license. 9. Public hearing and consideration of an application filed on December 15, 2021 , from LM Boulder, LLC. d/b/a Lucky’s Bakehouse Cafe, 3980 Broadway, Suite 106-107, Boulder, CO 80304; LM Acquisition CO, LLC as Applicant with Jason Bohanan Sharon as 100% owner of the parent company, and with Jennifer Johnson as proposed Registered Manager, with a business mailing address of 3970 Broadway Street, Suite 105, Boulder, CO 80304 for a new Hotel-Restaurant type Liquor License. 10. Matters from Assistant City Attorney 11. Matters from the Licensing Clerk a. Neighborhood boundary setting for applications for March 16, 2022, BLA hearing: I. None for March 16, 2022 hearing b. Expected Administrative Processing of Liquor License Transfer Applications – None for February 2022 c. Processing of special event liquor permits & temporary modifications to expand outdoor dining areas: i. Special Event Liquor Permits list attached ii. Temporary Modifications received d. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room – i. None for February 2022 e. Informational items i. Liquor License Renewals Sent List - May 2022 Expirations ii. Reminder of Driftwind special hearing at 1PM on March 2, 2022 iii. City board member appointments not effective until March 31, 2022 this year 12. Matters from the Chair and Members of the Authority Adjournment For information or to request to make comment for the public hearings, call (303)441-4192. Any petitions or remonstrances pertaining to the above may be filed via email at licensingonline@bouldercolorado.gov or by mail to the City of Boulder Finance Department, Sales Tax and Licensing Division, Brenton Building, 1136 Alpine Avenue, Boulder, Colorado. Please note that mail is only received once per week due to the COVID -19 city building closures so email is strongly suggested for timely receipt for submission to the Beverage Licensing Authority. 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 min imum notice required by state law. Final on Wednesday, February 2, 2022 Mishawn J. Cook, Licensing Manager, CMC Published on Sunday, February 6, 2022, 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, February 6, 2022 in compliance with the laws of the State of Colorado and the ordinances of the City of Boulder, Colorado. Public Meetings Notice Boulder Daily Camera Page A10 Legal Public Notice-Agenda Boulder Daily Camera Page E05 IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Boulder, Colorado this Monday, February 7, 2022. ___________________________________ Mishawn J. Cook, Licensing Manager and Secretary to Beverage Licensing Authority By Aleksandar Furtula and Mike Corder Associated Press ROTTERDAM, Nether- lands — A giant, $500 mil- lion yacht repor tedly being built for Amazon founder Jef f Bezos faces a deliver y problem: It may require dis- mantling a beloved, historic bridge in Rotterdam that is blocking its passage to the sea. Repor ts this week that the Dutch city had already agreed to take apar t the recently renovated Koning- shaven Bridge, known local- ly as De Hef, sparked a nger. On Facebook, locals are proposing to pelt the yacht with rotten eggs when it passes through. However, a spokeswoman for Mayor Ahmed Abouta- leb told The Associated Press on Friday that while a shipbuilder has requested temporarily taking apar t the bridge this summer, no per- mit has yet been sought or granted. Many Rotterdam resi- dents are still concer ned. “I think it’s easy to under- stand why it’s so controver- sial because this is a ver y beautiful, recently restored old bridge,” said Lizette Touber. “It really is our heri- tage. And I think that if the rich can pay for it to be opened, which normally nobody else could do, then you get controversy.” In a written statement, Aboutaleb, who is on a visit to Colombia, said that once a request for a permit is sub- mitted it will be assessed based on factors including economic impact, environ- mental nuisance and possi- ble risks to the “monumen- tal str ucture” of the bridge. “When the permit has been applied for, the m unici- pality can make a decision about this, details can be fur ther elaborated and a plan can be made in the event o f a positive decision,” the statement said. The municipality declined to comment on who owns the yacht in question or identify the shipbuilder. An email sent to Amazon seek- ing comment went unan- swered. A repor t by Bloomberg in May 2021 said the yacht was being built for Bezos by Oceanco at a cost of “upwards of $500 million.” The cur rent Hef railway bridge w as opened f or t rains to cross the Maas River in 1927 and taken out of ser - vice in 1993 when it was replaced by a tunnel. Public protests spared it from demolition and it eventually underwent a three-year r en- ovation that ended in 2017. The middle section of the bridge can be raised to allow ships to pass under neath, but apparently not high enough for the new yacht’s masts. Ton We sselink, chairman of a Rotterdam historical society, feared that a deci- sion to allow one yacht through the bridge could set a precedent for others. “The thing we don’t want is that this yacht issue will open t he possibility for ship- builders to use it the same way,” he said in an email to AP. But there were voices of suppor t for the proposal. “I think it’s f ine. Let B ezos pay a high price. It creates work. I only see upsides,” said Rotterdam resident Ria van den Vousten. “If it is paid for and ever y- body makes some money, don’t complain. Don’t talk, but act, as we say in Rotter- dam,” she added. Ya cht reportedly built for Bezos too big for b ridge Moscow l R ussian bombers fly over Belarus amid Ukraine tensions R ussia on Saturday sent a pair of long-range nuclear- capable bombers on patrol over its ally Belar us amid spiraling tensions over Ukraine. The Russian Defense Ministr y said the two T u- 22M3 bombers practiced interacting with the Belar u- sian air force and air defense during a four-hour mission. The flight fol- lowed several similar patrols over Belarus, which borders Ukraine to the nor th. The mission came as the Kremlin has moved troops from Siberia and the Far East to Belarus for sweep- ing joint drills. The deploy- ment added to the Russian militar y buildup near Ukraine, fueling Wester n fears of a possible invasion. Russia has denied any plans of attacking Ukraine, but urged the U.S. and its allies to provide a binding pledge that they won’t accept Ukraine into NATO, won’t deploy of fensive weapons, and will roll back NATO deployments to Easter n Europe. Washing- ton and NATO have reject- ed the demands. London l Q ueen backs plan to one day call son’s wife ‘Queen Camilla’ Queen Elizabeth II of fered her suppor t Satur- day to have the Duchess of Cor nwall become Queen Camilla — using a special Platinum Jubilee message to make a significant deci- sion in shaping the future of the British monarchy. In remarks delivered on the eve of the 70th anniver- sar y of her accession to the throne, the monarch expressed a “sincere wish’’ that Camilla be known as “Queen Consort” when her eldest son Charles, the Prince of Wales, succeeds her as expected to the throne. In giving her bless- ing, the popular and respected sovereign is placing significant heft behind the move. ‘’When, in the fullness of time, my son Charles becomes king, I know you will give him and his wife Camilla the same suppor t that you have given me,’’ the monarch wrote. Wire services Wo rld b riefs FREE ONLINE HEALTH LECTURE Innovative treatm ents fo ratrialfibrillation When Thursday,Feb.10,from6:30 to 8p.m. Where Watchonline.Yo u’ll getthe link onceyou register. Atrial fibrillationincreasesstrokerisk5times Atrialfibrillation(AFib)isanirregularheartbeatthatcan be dangerous because it increases your risk of stroke by nearly fivefold and also makes youmoreprone to developheart failureand other heart-related complications.Luckily,recentyears have seen majoradvancements in treatingAFib. Hear topexperts from theAFibClinicatBoulder Heartdescribea rangeofinnovative treatments forbringing your heartbacktoa normal rhythm,including lifestylechanges and minimallyinvasive procedures such as catheter ablation andthe newWAT CHMAN. RESERVAT IONS REQUIRED: bchlectures.org/afib BoulderCommunity Health does notdiscriminateonthe basisofrace,color,ethnicity,national origin,sex (including sexual orientation,genderidentity andexpression),age,ordisability. ST RIVEFOR TO GETHER FOREVER WATCHTHE LECTUREONLINE It is the City of Boulder’spractice to provide morenotice than is required by law whenever possible.However this practice shall not be used to invalidate any action taken with the minimum noticerequired by statelaw. If you need Spanish interpretation or otherlanguage-related assistance for ameeting,please call (303)441-1905 at leastthree business days prior to the meeting. Si usted necesita interpretación ocualquier otraayuda con relación al idiomapara estajunta,por favor comuníqueseal(303)441-1905 por lo menos tres días antesdelajunta. __________________________________________________________________ VIRTUAL MEETINGS Visit www.bouldercolorado.gov/calendar or call 303-441-3388 *INDICAT ES THATA COMPLETE AGENDAISINTODAY ’S PUBLIC NOTICES IN THE CLASSIFIED SECTION. 2022 City of Boulder PUBLIC MEETINGS Due to COVID-19 concerns,all meetings are being held vir tually. Fo rCall in and/or Sign In information,visit the city’sWeb Calendar www.bouldercolorado.gov/calendar and selectthe correctmeeting MONDAY,FEBRUARY 7 3PM*Cannabis Licensing and Advisory Board -MEETING CANCELLED TUESDAY,FEBRUA RY 8 6PMCityCouncil StudySession •ARPALocal Recovery Funds Progress Report •LibraryDistrictFormation and LibraryDistrictAdvisoryCommittee Recommendations •Gun Violence Prevention Legislation WEDNESDAY,FEBRUARY 9 4-6 PM Boulder Junction Access DistrictBoards and Commissions Meeting - MEETING CANCELLED 6-9 PM Open Space Board of Tr ustees Meeting THURSDAY,FEBRUA RY 10 5PM*Board of Zoning Adjustment Meeting WEDNESDAY,FEBRUA RY 16 3PMBeverage Licensing Authority Board questions and comments maybe sent to: LicensingOnline@bouldercolorado.gov THURSDAY,FEBRUA RY 17 6PM*Planning Board Meeting (not televised) BL AC KVOICES OF DA NCE Boulder Ballet Presents Black Vo ices of Dance,an evening of dance highlighting the nation’smost vibrant Black voices in the field. MORE INFO +TICKETS https://thedairy.org/event/black-voices-of-dance FEBRUARY 24-27 Boulder Ballet Presents 10A | SUNDAY, FEBRUARY 6, 2022 DAILY CAMERA Public NoticePublicNotice Public NoticePublicNoticePublicNoticePublicNotice Public NoticePublicNoticePublicNotice MARKETPLACE FrontRangeClassifieds.com PLACE AN AD VISIT:FRONTRANGECLASSIFIEDS.COM |CALL:303.466.3636 or 970.635.3650 SERVICES |JOBS |MERCHANDISE |HOMES |RENTA LS |WHEELS |LEGALS BOULDER/BROOMFIELD Daily Camera,Colorado Daily Broomfield Enterprise LONGMONT/EAST BOULDER COUNTY Longmont Times-Call Colorado Hometown Weekly LOVELAND/NORTHERN COLORADO Loveland Reporter-Herald Loveland Weekly REACH YOUR MARKET drive your wheels sell your stuff move your house empty your garage List your car and get ready to roll. $10,3lines,30 days No refund for early cancellation. List your stuffand get it gone. $10per ad,30days Includes one month publication and online at FrontRangeClassifieds.com. Private party and general merchandise only;not for commercial/ business accounts.Excludes cars,home and pets. No refund for early cancellation. List your house and start packing. $75,5lines,30 days For sale by owner only. No refund for early cancellation. List your sale and prepare to purge. $25,10 lines,4days Call by 3p.m.Monday for publication in the Wednesday Colorado Hometown Weekly &Thursday Broomfield Enterprise; call by 1p.m.Tu esday for the Colorado Hometown Weekly. LOOKING FORAJOB? We ’reyour #1 source in print and online for the latest jobs in the area. PLACE YOUR AD Call 303-466-3636 or 970-635-3650. TURN USED ITEMS into quick cash with Classifieds! TURN USED ITEMS into quick cash with Classifieds! LOOKING FORAJOB? We’reyour #1 source in print and online for the latest jobs in the area TURN USED ITEMS into quick cash with Classifieds! PUBLICNOTICE CITY OF BOULDER BEVERAGE LICENSING AUTHORITY HEARING WEDNESDAY,FEBRUARY 16,2022,at 3:00 P.M. VIRTUAL HEARING DURING CITY REMOTE WORK VISIT THE FOLLOWING LINK 15 MINUTES PRIOR TO MEETING FOR ACCESS: https://bouldercolorado. gov/government/board-commission/beverage-licensing-authority AGENDA 1.Agenda Item: 1.Instructions for virtual hearing and rules of decorum; 2.Member roll call; 3.Approval of Beverage Licensing Authority (BLA)minutes from January 19,2022,hearing 4.With our thanks and best wishes,Chair Alyssa Lundgren’s appointment of Acting Chair,in the event of Vice Chair absence 5.Hearing agenda issues from licensing clerk; 2.Matters from the Boulder Police Department. 3.Matters from the Responsible Association of Retailers (RAR). 4.General Public Comments for Future Beverage Licensing Au- thority Hearings. 5.Public hearing and consideration of an application filed on No- vember 4,2021 from Century Theatres,Inc.d/b/a Century 16,1700 29th Street,Boulder,CO 80301 ;Century Theatres,Inc.[CTI]as Ap- plicant with Cinemark USA,Inc.[CUI]as 1st underlying sole owner, and with Cinemark Holdings,Inc.[CHI]-a publicly traded company, as 2nd underlying sole owner;and with Mark Zoradi as CEO and Di- rector of CTI and CUI;Michael Cavalier,Vice President and Secreta- ry of CTI and CUI;and with Sean Gamble,Executive Vice President and CFO of CTI and CUI;and with Kayla Liszewski,Registered Man- ager with abusiness mailing address of 3900 Dallas Parkway,Suite 500,Plano,TX 75093,for arenewal of aLodging and Entertainment liquor license. 6.As needed,public hearing and continued consideration of an application filed on October 13,2021 from Niche Workspaces,LLC. d/b/a The NICHE Event Space.,4571 Broadway,Boulder,CO 80304 ; Jesse Day,Owner and Proposed Registered Manager,with aprem- ise business mailing address for aNew Tavern type liquor license. 7.Public hearing and consideration of an application filed on No- vember 23,2021 from Frasca Food and Wine Inc.d/b/a Frasca Food and Wine/Pizzeria Locale,1738 Pearl Street,Unit 104,Boulder,CO 80302;Peter Hoglund,Robert Stuckey and John MacKinnon- Patterson,Owners;with apremise mailing address,for aPerma- nent Modification of aHotel-Restaurant type liquor license. 8.Public hearing and consideration of an application filed on De- cember 14,2021 from DeRossi Boulder,LLC.d/b/a Avant Garden Bistro,1002 Walnut Steet,Suite 102,Boulder,CO 80302 ;Ravi Lalchandani,Owner and Registered Manager;with abusiness mail- ing address of 445 E.6th Street.New York,NY 10009 for anew Hotel-Restaurant type liquor license. 9.Public hearing and consideration of an application filed on De- cember 15,2021,from LM Boulder,LLC.d/b/a Lucky’s Bakehouse Cafe,3980 Broadway,Suite 106-107,Boulder,CO 80304 ;LMAcquisi- tion CO,LLC as Applicant with Jason Bohanan Sharon as 100%own- er of the parent company,and with Jennifer Johnson as proposed Registered Manager,with abusiness mailing address of 3970 Broadway Street,Suite 105,Boulder,CO 80304 for anew Hotel- Restaurant type Liquor License. 10.Matters from Assistant City Attorney 11.Matters from the Licensing Clerk a.Neighborhood boundary setting for applications for March 16, 2022,BLA hearing: i.None for March 16,2022 hearing b.Expected Administrative Processing of Liquor License Trans- fer Applications –None for February 2022 c.Processing of special event liquor permits &temporary modifi- cations to expand outdoor dining areas: 1.Special Event Liquor Permits list attached 2.Temporary Modifications received d.Breweries,Wineries,and Distilleries requests for local licens- ing authority input on Application for Colorado Liquor Sales Room – 1.None for February 2022 e.Informational items 1.Liquor License Renewals Sent List -May 2022 Expirations 2.Reminder of Driftwind special hearing at 1PM on March 2,2022 3.City board member appointments not effective until March 31,2022 this year 12.Matters from the Chair and Members of the Authority Adjournment For information or to request to make comment for the public hear- ings,call (303)441-4192.Any petitions or remonstrances pertaining to the above may be filed via email at licensingonline@ bouldercolorado.gov or by mail to the City of Boulder Finance De- partment,Sales Tax and Licensing Division,Brenton Building,1136 Alpine Avenue,Boulder,Colorado.Please note that mail is only re- ceived once per week due to the COVID-19 city building closures so email is strongly suggested for timely receipt for submission to the Beverage Licensing Authority. 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. quired by state law. Final on Wednesday,February 2,2022 Mishawn J.Cook,Licensing Manager,CMC Published:Boulder Daily Camera February 6,2022-1867297 Ordinance 8496 (2nd Reading) AN ORDINANCE DESIGNATING THE PROPERTY AT 1300 CANYON BLVD.,CITY OF BOULDER,COLORADO,ALSO KNOWN AS THE AT- RIUM BUILDING,ALANDMARK UNDER CHAPTER 9-11,“HIS- TORIC PRESERVATION”B.R.C.1981,AND SETTING FORTH RELATED DETAILS (The published text of the above ordinance is available for public inspection and acquisition by contacting Central Records at the Municipal Building at 1777 Broadway,Boulder,CO 80302 or emailing CentralRecords@bouldercolorado.gov for acopy to be sent to you.) INTRODUCED,READ ON FIRST READING,AND ORDERED PUBLISHED BY TITLE ONLY this 18th day of January 2022. READ ON SECOND READING,AMENDED,PASSED,AND ORDERED PUBLISHED BY TITLE ONLY this 1st day of February 2022. Aaron Brockett,Mayor ATTEST: Elesha Johnson,City Clerk Motion Carried:9:0 Published:Boulder Daily Camera February 6,2022-1867735 Ordinance 8497 (2nd Reading) AN ORDINANCE DESIGNATING THE PROPERTY AT 2130 22nd ST.,CITY OF BOULDER,COLORADO,ALSO KNOWN AS THE SHINN –JESKES HOUSE,ALANDMARK UNDER CHAPTER 9-11,“HISTORIC PRESERVATION”B.R.C.1981, AND SETTING FORTH RELATED DETAILS (The published text of the above ordinance is available for public inspection and acquisition by contacting Central Records at the Municipal Building at 1777 Broadway,Boulder,CO 80302 or emailing CentralRecords@bouldercolorado.gov for acopy to be sent to you.) INTRODUCED,READ ON FIRST READING,AND ORDERED PUBLISHED BY TITLE ONLY this 18th day of January 2022. READ ON SECOND READING,PASSED,ADOPTED AND ORDERED PUB- LISHED BY TITLE ONLY this 1st day of February 2022. Aaron Brockett,Mayor ATTEST: Elesha Johnson,City Clerk Motion Carried:9:0 Published:Boulder Daily Camera February 6,2022-1867732 Apublic hearing is scheduled for Planning Board consideration on February 17,2021.The public hearing will begin sometime after 6:00 p.m.and will be held virtually.The link to join will be posted 24 hours before the meeting .Interested parties may find more infor- mation at www.bouldercolorado. gov/boards-commissions/planning-board or contact Cindy Spence at 303-441-4464,spencec@bouldercolorado.gov. PUBLIC HEARING ITEMS A.AGENDA ITEM :Public hearing and Planning Board considera- tion of the following: 1)ASite Review application for anew City of Boulder Fire Station no.3,located at 2751 and 2875 30th Street.The fire station is pro- posed to include four apparatus bays,administration offices,exer- cise,meeting,dining,and living room spaces along with bunk rooms for firefighters and administrative offices.Site improve- ments include landscaping,parking with a55percent parking re- duction along with aplanned new Bluff Street connection.Re- viewed under case no.LUR2021-00017. 2)Amotion to approve an amendment to the Transit Village Area Plan to change the 30th Street cross section so as to replace on- street parking with tree lawns and aseparated bike lane. Published:Boulder Daily Camera February 6,13,2022-1867658 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 Ameresco,Inc PO Number 2017000181 for construction of Brenton Building Renovation For information on filing aclaim,please contact the City of Boulder Finance Department at 303.441.1857 or visit our City website www .bouldercolorado.gov Published:Boulder Daily Camera February 6,13,2022-1866834 Apublic hearing is scheduled for Board of Zoning Adjustments con- sideration on February 10,2021.The public hearing will begin sometime after 5:00 p.m.and will be held virtually.The link to join will be posted 24 hours before the meeting .Interested parties may find more information at https://bouldercolorado. gov/government/board-commission/board-zoning-adjustment or contact Cindy Spence at 303-441-4464,spencec@bouldercolorado. gov. Public Hearing Items : A.Docket No.:BOZ2021-00019,Address:2130 22nd Street,Appli- cant:Rune Jensen &Leah Tsao,Setback Variance Published:Boulder Daily Camera January 30,February 6,2022- 1865408 NOTICE PUBLIC HEARING Pursuant to the Laws of the State of Colorado and the City of Louis- ville AES Enterprises,LLC d/b/a Centennial Wine &Spirits 324 S McCaslin Blvd.Louisville,CO 80222 Anshuman Sharma 1855 E134th Circle,Thornton,CO has made application to the Licensing Officials of the City of Louis- ville for atransfer of aRetail Liquor Store License Hearing on the application will be held via Electronic Meeting Please check www.louisvilleco.gov for information Time and Date:6:30 PM -Monday,February 28,2022 Date of Application:August 17,2021 By Order of:Louisville Local Licensing Authority Published:Boulder Daily Camera February 6,2022-1867315 NOTICE OF PUBLIC HEARING ORDINANCE No.1815,SERIES 2021 NOTICE IS HEREBY GIVEN that at aregular meetingofthe City Council of the City of Louisville, Colorado,to be held on February15,2022 at the hour of 6:00 p.m.,in an electronic meeting, the City Council will hold aPublicHearing on the final passage and adoption of aproposed AN ORDINANCE APPROVING ASEVENTH AMENDMENT TO THE TAKODA GENERALDEVELOPMENT PLAN TO ALLOW UP TO 59 DWELLING UNITS AND 20,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT. Published in the Daily Camera on February6,2022 with full ordinance. Full copies available in the City Clerk’sOffice,749 Main Street,Louisville CO 80027. ORDINANCE NO.1815 SERIES 2021 AN ORDINANCE APPROVING ASEVENTH AMENDMENT TO THE TA KODA GENERAL DEVELOPMENT PLAN TO ALLOW UP TO 59 DWELLING UNITS AND 20,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT WHEREAS,RMCS,LLC is the owner of certainreal properties totaling approximately 5.82 acres,which are comprised of the Foundrysubdivision and which are designated within the Takoda General Development Plan (GDP)(the “Property”);and WHEREAS,the Property is currently zoned PlannedCommunity Zone District –Commercial/ Residential (PCZD –C/R)and,permitted uses are set forth on the existing Ta koda PCZD General DevelopmentPlan;and WHEREAS,Mass Equities,on behalf of the owner,has submitted to the City arequestfor approval of an amended PCZD General Development Plan for the Property to allow up to 59 dwelling units and 20,000 square feet of commercial development,which amended GDP is entitled Ta koda General Development Plan 7th Amendment and acopy of which is attached hereto as Exhibit A(the “Takoda GDP 7th Amendment”);and WHEREAS,the Ta koda GDP,7th Amendment shall serve to identifythe zoning,permitted uses and development for the Property and shall serve as the PCZD General Development Plan for the Property,inaccordance with Title 17 of the Louisville Municipal Code;and WHEREAS,the Louisville PlanningCommission has held public hearings on the proposed Ta koda GDP 7th Amendment for the Property on June 24,2021,August 12,2021 and August 26, 2021 and reconsidered the application on November 11,2021 following remanding of the application from City Council on October 5,2021.PlanningCommission has forwarded arecommendation to the City Counciltoapprove the TakodaGDP 7th Amendment with one condition;and WHEREAS,the City Council has duly considered the Commission’srecommendation;and WHEREAS,the City Councilhas held apublic hearing on the proposed Ta koda GDP 7th Amendment and has provided notice of thepublic hearing as provided by law;and WHEREAS,noprotestswere received by the City pursuant to C.R.S.§31-23-305;and WHEREAS,the Takoda GDP,7th Amendment is consistent withthe City of Louisville 2013 Citywide Comprehensive Plan and the South Boulder RoadSmall Area Plan andsupports policies related to provision of amix of housing types and meeting needs for seniors. NOW,THEREFORE,BE IT ORDAINED BY THE CITYCOUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1.The City Council of the City of Louisville hereby approves the Ta koda GDP 7777 th Amendment for the property legally described in Exhibit Aattached hereto (the “Property”) and,pursuant to the zoning ordinancesofthe City,such PropertyiszonedPlanned Community Zone District Commercial/Residential (PCZD-C/R)for the uses permitted in the Takoda GDP 7th Amendment for the Property,acopy of which Takoda GDP 7th Amendment is attached hereto as Exhibit A,subject to Section 2hereof. Section 2.The Ta koda GDP 7th Amendment shall be recorded in the Offices of the Boulder County Clerk and Recorder and the City zoning map shall be amended accordingly. INTRODUCED,READ,PASSED ON FIRST READING,AND ORDERED PUBLISHED this ___day of _______,2022. Ashley Stolzmann,Mayor AT TEST: Meredyth Muth,City Clerk APPROVED AS TO FORM: Kelly P.C. City Attorney PASSED AND ADOPTED ON SECOND AND FINAL READING,this ___day of ________,2022 Ashley Stolzmann,Mayor AT TEST: Meredyth Muth,City Clerk Exhibit A Published:BoulderDaily Camera February6,2022-1867316 DAILY CAMERA SUNDAY, FEBRUARY 6 , 2022 | 5E Agenda Item 1 BLA 1/19/2022 Draft Minutes Page 1 of 9 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * * HEARING MINUTES * * * WEDNESDAY, JANUARY 19, 2022, 3:00 P.M. VIRTUAL HEARING NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: January 19, 2022 NAME & PHONE OF PERSON Jon Yslas, Licensing Specialist PREPARING SUMMARY: (303-441-1934) yslasj@bouldercolorado.gov NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Steven Wallace, Michael Friesen, Matthew Califano (for item 1), and Alyssa Lundgren Staff Present: Laurel Witt, Assistant City Attorney, Mishawn Cook, Licensing Manager, and Jon Yslas, Licensing Specialist 1. Agenda Item: i. Instructions for Virtual Hearing; Jon Yslas, Licensing Specialist, provided instructions to the BLA members, city staff, and hearing participants on how to participate during the virtual hearing. ii. Member Roll Call; Authority member roll call was completed with a quorum of 4 members present with Member Absalom absent. However, Member Califano stated that he had to leave the hearing after the approval of BLA minutes. iii. Approval of Beverage Licensing Authority (BLA) minutes from November 17, 2021, and December 15, 2021, hearings; With amendment from Chair Lundgren, Chair Lundgren moved, Friesen seconded, to approve the minutes from the November 17, 2021 hearing. Motion Passed 3:0 (Lundgren, Friesen, and Califano). Chair Lundgren then moved, Califano seconded, to approve the minutes from December 15, 2021, hearing. Motion Passed 3:0 (Lundgren, Califano, and Wallace; with Member Friesen abstaining due to absence). Member Matthew Califano then departed the hearing. BLA 1/19/2022 Draft Minutes Page 2 of 9 iv. Hearing agenda issues from Licensing Clerk; Licensing Manager Cook brought to the Board’s attention the following issues: Under Agenda Item 9, The NICHE Event Space, staff expect that they will request a continuance because the applicant did not post for the 10 days required. Jesse Day, applicant, spoke with the Authority to ask for the continuance. Licensing staff will reach out to applicant at a later date to see if the applicant is ready to proceed at either the March or April BLA Hearings. Chair Lundgren moved, Friesen seconded, to approve the continuance to a later hearing date. Motion passed 3:0. License staff also recommended to the BLA members that they schedule a special hearing for one of the upcoming new license applications, Driftwind, which BLA would be setting neighborhood boundaries at today’s hearing. City Staff stated that they would recommend that a separate hearing be set after the regular Feb ruary 16, 2022 hearing due to the expected length of that item. Brian Proffitt, Driftwind’s attorney, would like to supply comment regarding the neighborhood boundary setting, but he noted that he had another hearing later so requested that that boundary setting be completed by 5 PM. 2. Matters from the Boulder Police Department (BPD). Officer Rich Denig was not present for the hearing . 3. Matters from the Responsible Association of Retailers (RAR). Nathan Dewey provided the following updates: RAR membership numbers are increasing, an additional RAR trainer has been hired for more availability for TIPS training, RAR has been awarded a SEA grant to supplement dues and allow for the implementation of Saturday training opportunities. The 1st recipient of the Kevin Mahoney Award for Compliance was Bohemian Biergarten. 4. General Public Comments for Future Beverage Licensing Authority Hearings . Ms. Cook noted that if any member of the public that is in attendance wishes to make comment for a future agenda item, then it should be done at this time. The following people made a public comment: • Eric Tussey, Karen DeBartolome, Charles DeBartolome, and Sharon Anderson – All provided comment in opposition for the upcoming Landloch, LLC d/b/a Driftwind new Hotel Restaurant type liquor license application. BLA 1/19/2022 Draft Minutes Page 3 of 9 5. Mateo, LLC d/b/a Mateo, 1837 Pearl Street, Boulder, CO 80302 – Monthly Status Report. Ms. Natasha Boon, Mateo general manager, appeared before the Authority. Licensing Specialist Yslas stated for the record that City Sales Tax sent an email stating compliance. It was noted that this would be the last status report for Mateo to the BLA. 6. Public hearing and consideration of an application filed on November 8, 2021 from Hastatek, Corp d/b/a Boulder Beer & Liquor Emporium, 4700 Table Mesa Drive, Boulder, CO 80305; Bharat Karki, Owner and Registered Manager with a premise business mailing address, for a renewal of a Retail Liquor Store type liquor license Bharat Karki, owner, was sworn in for this matter and confirmed the 10-day legal posting requirement. No ex-parte communications or conflicts of interest were disclosed by Authority Members. No public comment was received. Chair Lundgren read the procedures into record because this applicant did not have an attorney. Mr. Karki explained why the renewal was late filed. Manager Cook confirmed that Occupation Tax and Sales Tax are approved for this renewal. Mr. Karki is the only trained person at the store and will send a copy of his training to License Staff. The Authority members deliberated over the renewal of the application. Member Friesen moved, Wallace seconded, to approve the renewal of this Retail Liquor Store type liquor license. Motion passed 3:0. 7. Public hearing and continued consideration of an application filed on November 12, 2021 from Success Foods Management Group, LLC d/b/a Torchy’s Tacos, 2805 Pearl Street, Unit 5A, Boulder, CO 80301; Success Foods Management Group, LLC [SFMG LLC], with Torchy’s Intermediate Holdings LLC [TIH LLC] as Sole Member of SFMG LLC, and with Torchy’s Holdings LLC [TH LLC] as Sole Member of TIH LLC, with General Atlantic (TT), LLC [GATT LLC] as Majority Owner of TH LLC, and with no other members with over 10% ownership interest; Gerald J. Hart, Manager and CEO of SFMG LLC, manager and CEO of TIH LLC, and on Board of Managers o f TH LLC; Jason P. Wald, Manager and CIO of SFMG LLC, and Manager and CIO of TIH LLC; Michael T. Rypka, Board of Managers of TH LLC; Andrew W. Crawford, Board of Managers of TH LLC; Steven S. Joseph, Board of Managers of TH LLC; Todd E. Diener, Board of Managers of TH LLC; , Christopher G. Lanning, Managing Director and principal person qualified for GATT LLC; and Chad Juencke, Registered Manager, with a business mailing address of 4501 Springdale Road, Austin, TX 78723, for a renewal of a Hotel-Restaurant liquor license. Thomas Dunn, attorney for the licensee appeared for this matter. Chad Juencke, registered manager, appearing for the licensee, and he was sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications or conflicts of interest BLA 1/19/2022 Draft Minutes Page 4 of 9 were disclosed by Authority Members. No public comment was received. Mr. Dunn waived the reading of procedures. Mr. Dunn and his client Mr. Juencke explained why the renewal was late filed. Manager Cook confirmed that Sales Tax and Liquor Occupation Tax were approved for this license. The Authority members deliberated over the renewal of the application. Member Wallace moved, Friesen seconded, to approve the renewal of this Hotel-Restaurant type liquor license. Motion passed 3:0. 8. Public hearing and continued consideration of an application filed on November 29, 2021 from Baja in the Rockies, LLC d/b/a Wahoo’s Fish Tacos, 2790 Pearl St. Suite A, Boulder, CO 80302; Thomas Sprung, Owner, and Chris Glynn, Registered Manager, with a business mailing address of 3030 Walnut Street. Denver, CO 80205, for a renewal of Hotel -Restaurant type liquor license Laura McGinley, CFO, and Ken Freeman, Director of Operation, were sworn in for this matter and confirmed the 10-day legal posting requirement. No ex-parte communications or conflicts of interest were disclosed by Authority Members. No public comment was received. Chair Lundgren read the procedures into the record because this licensee appeared without an attorney. Ms. McGinley and Mr. Freeman explained why the renewal was late filed. Manager Cook confirmed that Occupation Tax and Sales Tax are approved for this license . Agenda 8, exhibit 1 for this item was supplied to the Authority which was the licensee’s updated training documentation. The Authority members deliberated over the renewal of the application. Member Friesen moved, Lundgren seconded, to approve the renewal of this Hotel-Restaurant type liquor license. Motion passed 3:0. 9. Public hearing and continued consideration of an application filed on October 13, 2021 from Niche Workspaces, LLC. d/b/a The NICHE Event Space., 4571 Broadway, Boulder, CO 80304; Jesse Day, Owner and Proposed Registered Manager, with a premise business mailing address for a New Tavern type liquor license. Agenda Item was moved to be continued per earlier vote during Agenda Item 1. 10. Public hearing and consideration of an application filed on November 15, 2021, from The Post Brewing Company Boulder, LLC. d/b/a Post Brewing Boulder, 2027 13th Street, Boulder, CO 80302; Dave Query, Managing Member of applicant LLC; Goodbird Holding, LLC as 100% owner of applicant LLC and Dave Query as Managing Member, JX3 Post, LLC (Robert Krenz as majority owner) as only 10% underlying owner, Carob Management Co, LLC as managing BLA 1/19/2022 Draft Minutes Page 5 of 9 member of underlying owner (Robert Krenz and Carolyn Grant- members), and Grant- Krenz Investments LLLP as majority 2nd underlying owner (Robert Krenz and Carolyn Grant as GPs of LLLP), and Jeffrey John, Registered Manager, with a business mailing address of 944 Pearl Street, Boulder, CO 80302 for a Change of Class Application from a Brew Pub type liquor license to a Hotel-Restaurant type liquor license. Jennifer Broyles, Licensing representative, and Dave Query, Managing Member, appeared without an attorney, were sworn in for this matter, and confirmed the 10- day legal posting of the premises. The applicants appeared without counsel, so Chair Lundgren read the BLA hearing procedures. No ex-parte communications or conflicts of interest were disclosed by Authority Members. No interested parties or public comments were made. Ms. Broyles and Mr. Query provided testimony regarding the change of class application presented to the Authority, noting that there was no change to the menu, but the business is consolidating their brewing functions to their Lafayette location. Member Friesen questioned their submitted alcohol service policy stating that it needs to be more thorough, given it reads as an employee standards policy. Ms. Broyles verbally confirmed their ID carding procedure for employees. The Authority members closed the discussion and began deliberation. Member Wallace moved, Friesen seconded, to approve this application for a Change of Class Application from a Brew Pub type liquor license to a Hotel-Restaurant type liquor license. Motion passed 3:0 11. Public hearing and consideration of an application filed on November 15, 2021, from The Post Brewing Company Boulder, LLC. d/b/a Post Brewing Boulder, 2027 13th Street, Boulder, CO 80302; Company Boulder, LLC. d/b/a Post Brewing Boulder, 2027 13th Street, Boulder, CO 80302; Dave Query, Managing Member of applicant LLC; Goodbird Holding, LLC as 100% owner of applicant LLC and Dave Query as Managing Member, JX3 Post, LLC (Robert Krenz as majority owner) as only 10% underlying owner, Carob Management Co, LLC as managing member of underlying owner (Robert Krenz and Carolyn Grant- members), and Grant-Krenz Investments LLLP as majority 2nd underlying owner (Robert Krenz and Carolyn Grant as GPs of LLLP), and Jeffrey John, Registered Manager, with a business mailing address of 944 Pearl Street, Boulder, CO 80302 for Permanent Modification of a Hotel-Restaurant liquor license. Jennifer Broyles, Licensing representative, and Dave Query, Managing Member, appeared without an attorney, were sworn in for this matter, and confirmed the ten- day legal posting of the premises. The applicants appeared without counsel, so Chair Lundgren read the BLA hearing procedures. No ex-parte communications or conflicts of interest were disclosed by Authority Members. No interested parties or public comments were made. BLA 1/19/2022 Draft Minutes Page 6 of 9 Ms. Broyles and Mr. Query provided testimony regarding the modification application presented to the Authority, outlining an opportunity to expand the restaurant to the space next door for additional seating. Member Friesen questioned where their alcohol storage will be on their premise diagram. The Authority members closed the discussion and began deliberation. Member Lundgren moved, Friesen seconded, to approve this application for a permanent modification of a Hotel-Restaurant type liquor license. Motion passed 3:0 12. Public hearing and consideration of an application filed on November 30, 2021, from Wild Pastures Burger Co. d/b/a Wild Pastures Burger Co., 2805 Pearl Street, Unit 5B, Boulder, CO 80301; Michael Geary, Owner, John Etchart, Owner and Registered Manager, with a business mailing address of 1497 Cherry Place, Erie, CO 80516 for a New Hotel-Restaurant type liquor license. Chas Runco, attorney for the licensee, appeared for this matter. Brandon Cesar, General Manager, and Eva Garretson, Liquor Pros Petitioning, both appearing for the licensee. Mr. Cesar and Ms. Garretson were sworn in, with Mr. Cesar confirming the 10-day legal posting requirement. No ex-parte communications or conflicts of interest were disclosed by Authority Members. No public comment was received. Mr. Runco waived the reading of procedures. Licensing Specialist Yslas confirmed on the record that the applicant’s menu and liquor policy were sent to the Authority as Agenda 12, exhibit 1. Mr. Runco explained the contents of the application, with Mr. Cesar providing additional testimony about planned restaurant operations to the Authority. Ms. Garretson provided testimony regarding the submitted petitioning results. The Authority members closed the discussion and began deliberation. Member Friesen moved, Wallace seconded, to approve this new Hotel-Restaurant type liquor license. Motion passed 3:0. 13. Matters from the Senior Counsel Assistant City Attorney, Laurel Witt, introduced herself and informed the Authority that she will be representing the BLA at their hearing until Veronique Van Gheem returns from leave. BLA 1/19/2022 Draft Minutes Page 7 of 9 14. Matters from the Licensing Clerk a. BLA Discussion – DBP’s Recommendation for Temporary Modifications Agenda Item 14 a, Exhibit 1 – Email from Chip with DBP sent to members on Wednesday, January 19, 2022. b. Board Recruitment for 2022 Licensing Manager Cook explained that applications are now live and open until February 21, 2022. c. Average Number of Member Hours Spent on Hearing Prep and Attendance The Authority discussed and agreed that 3-4 hours of prep time for monthly hearings. Including the hearing itself, it would be an average of 8 hours per month. d. Neighborhood boundary setting for applications for February 1 6, 2022, BLA hearing i. LM Boulder CO, LLC d/b/a Lucky’s Bakehouse Cafe for a New Hotel- Restaurant type liquor license at 3980 Broadway, Suite 106-107 Boulder, CO 80304. The following neighborhood boundaries were discussed: Yarmouth Avenue on the North, Linden Avenue on the South, 26th Street on the East, and City Limits on the West. Member Friesen moved, Wallace seconded, to approve these boundaries. Motion passed 3:0. ii. Frasca Food and Wine, Inc. d/b/a Frasca Food and Wine/Pizzeria Locale for a Permanent Modification of a Hotel-Restaurant type liquor license at 1738 Pearl St. Unit 104, Boulder CO 80302. The following neighborhood boundaries were discussed: Alpine Avenue on the North, Canyon Boulevard on the South, Folsom Street on the East, and Broadway on the West. Member Wallace moved, Friesen seconded, to approve these boundaries. Motion passed 3:0. iii. De Rossi Boulder, LLC d/b/a Avant Garden Bistro for a New Hotel- Restaurant type liquor license at 1002 Walnut, Suite 102, Boulder CO 80302. The following neighborhood boundaries we re discussed: Alpine Avenue on the BLA 1/19/2022 Draft Minutes Page 8 of 9 North, Arapahoe Avenue on the South, 20th Street Extended on the East, and City Limits on the West. Member Friesen moved, Wallace seconded, to approve these boundaries. Motion passed 3:0. iv. Landlock, LLC. d/b/a Driftwind for a New Hotel-Restaurant type liquor license at 5565 51st Street, Boulder, CO 80301. Brian Proffitt, Attorney for Driftwind, and Joel Judd, Attorney for two interested parties, were in attendance and spoke on behalf of their clients. Mr. Proffitt requested to the Authority a 2-mile radius for neighborhood boundaries stating a desire to include more City of Boulder-specific residences. Mr. Judd included a memorandum and chart describing applications that received neighborhood boundaries within a 1-mile radius. Mr. Judd’s documents were entered as Agenda Item 14 d, Exhibit 1. It was also noted that an email from local neighbors regarding boundary setting was included as Agenda Item 14 d, Exhibit 2. The following people made public comments regarding the proposed neighborhood boundary: Shannon Bryant, Kim Bixel, Shirley Schaller, Sharon Anderson, and Eric Tussey with all 5 people requesting that the Authority consider a 1-mile radius for the neighborhood boundary and several mentioned that there is only one road in and out of the reservoir. Under agenda item 1, City Licensing Staff requested that the Authority set special hearing for this application, and the Authority members present agreed and stated that the special hearing would occur on March 1st, 2nd, or 3rd (depending on members who were absent availability) and the hearing should begin at 1:00 pm. The Authority members closed the neighborhood boundary setting discussion and began deliberation. The following neighborhood boundaries were discussed: Monarch Road on the North, Jay Road on the South, Diagonal Highway on the East, and 26th Street Extended on the West. Member Friesen moved, Wallace seconded, to approve these boundaries. Motion passed 3:0. e. Expected Administrative Processing of Liquor License Transfer Applications No applications were submitted. f. Special Event Liquor Permits and Temporary Modifications for January – List in Packet Licensing Manager Cook mentioned that Temporary Modification application BLA 1/19/2022 Draft Minutes Page 9 of 9 submissions have slowed down considerably. g. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room None for January h. Liquor Renewals Sent with April 2022 Expirations – List in Packet Licensing Specialist Yslas mentioned to the Authority that a new procedure for collecting Liquor Occupation Tax has been implemented, noting that this tax will now be collected through the Energov software system, which is the software used for liquor licenses by City Licensing. Applicants will now have only one place to submit applications as well as pay city-related liquor fees. 15. Matters from the Chair and Members of the Authority Member Wallace requested a change in how addresses are redacted. He mentioned that it would be beneficial to see portion of home address showing the city and state for applicants. ADJOURNMENT Member Friesen moved, Wallace seconded, that this hearing should be adjourned, and thus , the hearing was adjourned at 6:23 PM. Motion to adjourn approved 3:0. Attested: Approved: _________________________________ ___________________________________ Mishawn J. Cook, Licensing Manager Chair of Beverage Licensing Authority And Secretary to the Authority 4th Quarter 2021 | Alcohol Enforcement Summary DUI arrests: Oct.: 12 Nov.: 10 Dec.: 11 DUI (drug) arrests: Oct: 1 Nov.: 0 Dec.: 3 MIP citations: Oct.: 1 (1 violation on the Hill) Nov.: 3 Dec.: 0 Possession of Alcohol in Public citations: Oct.: 0 Nov.: 0 Dec.: 0 Incidents Related to Licensed Establishment: Bluff St. Bar (October) Officers responded to a reported assault resulting in the arrest of a patron. Dark Horse (October) Officers responded to a disturbance call involving several patrons. Two patrons were arrested, one was charged with assaulting an employee and damaging his cell phone. Press Play (October) Officers responded to a report of a patron passed out. It was determined from witnesses that the patron had consumed alcohol prior to arriving at the bar. B-Town Wine and Spirits (November) An attempted burglary was reported, nothing stolen. Fraudulent ID’s processed: 4th Qtr.: 525 / CURJ referrals: 451 2021 Totals: ID’s processed: 1781 CURJ referrals: 1135 Agenda Item 3 From:Nathan Dewey To:Yslas, Jon Subject:Re: February BLA Hearing Items For Packet / Link to Hearing Date:Wednesday, February 9, 2022 10:44:54 AM Attachments:image001.png Current Members of RAR Boulder 2022.docx RAR BOULDER MEETING AGENDA 2-09-2022.docx Alcohol Overdose and the Bacchus Maneuver.docx Alcohol_Overdose_NIH_INFO_SHEET.pdf External Sender Hey Jon, Thanks for the reminder. I have added the RAR Boulder Member List, which I will go over with the BLA at the meeting. I have also included the Agenda for this month's meeting, we are having today, so they can see that as well. I have included a couple of handouts as well, I will be using this for the meeting today and for members in general as they join RAR. Have a great week! See you next week! Nathan From: Yslas, Jon <YslasJ@bouldercolorado.gov> Sent: Tuesday, February 8, 2022 8:06 AM To: Nathan Dewey <ndewey@poweredbypartners.org> Subject: February BLA Hearing Items For Packet / Link to Hearing Good Morning, Nathan I’m compiling the BLA Packet today and tomorrow. If you have anything to supply please let me know and I can certainly add it. The hearing will begin at 3:00 PM on Wednesday, February 16, and you can access the hearing here: https://tinyurl.com/2-16-22BLA Thank you very much for your cooperation. Best Regards, Jon Yslas Licensing Specialist O: # 303-441-1934 YslasJ@bouldercolorado.gov Bouldercolorado.gov RAR BOULDER COUNTY CHAPTER MEETING AGENDA 2.09.2022 I. Intro: Newest members: 1. Driftwind – Boulder Resevoir 2. Torchy’s Tacos – Welcome Back! ` Possible Future Members: 1. Fresh Baked Dispensary - Cannabis 2. Green Dragon– Cannabis 3. SALT– Alcohol 4. T/aco - Alcohol 5. Brickstones Kitchen & Bar– Alcohol 6. The Farm- Cannabis II. Administrative & Meeting: 1. Welcome / Intro 2. Introduction of our newest team member: a. Mandy Volz – RAR / Partners Finance Assistant 3. 2022 Quarter 2 Meeting & Training Schedules are out first week of March 4. Meeting with BPD to work out exact dates for fake ID trainings ( Full Year ) 5. New Quarterly Newsletter coming end of the month. a. What’s included b. Potential Ideas c. Coupons/adverts d. Suggestions? 6. Changes in TIPs / TenderWise Training’s ( day, time, etc) 7. ID Compliance Checks Update 8. Patron Safety Training 9. Website is still being created/updated- What would you like to see 10. RAR Meeting Topics: What would you like to see in 2022? III. Meeting: Overconsumption and Alcohol Poisoning: (SEE HANDOUT/VIDEO) What are the signs? What steps to take when it happens? IV. RAR Colorado: 1. Boulder County Chapter: We are focusing on the build-up and retention of this chapter as we are now back to full force. 2. We are focusing on the buildup of the RAR Cannabis in Boulder County and more members for off premise and on premise alcohol retailers too. This is as well happening in Larimer County. We are recovering and recruiting from our losses in 2020 and 2021. We are working to adapt to ever changing landscape of COVID regs & laws. V. Partners Announcement: 1. RAR Assistant: Mandy Volz email: mvolz@poweredbypartners.org 2. Recruiting Mentors 3. Possible Expansion into Broomfield in late 2022 4. Recruiting ID Compliance Checkers VI. Upcoming RAR Topics: NEXT MEETING APRIL 13th 2022 Jurisdictional Reg’s & Laws Discussion Q&A with Law Enforcement & Clerks VI. Social Media: Website: poweredbypartners.org/strategic-partnership/responsible- association-of-retailers/ Twitter: RAR / @ larimerRAR Instagram: rar_specialist Facebook: www.facebook.com/RARColorado Current Members of RAR Boulder 1. Ash'Kara - Boulder 2. Attic Bar & Bistro 3. Avanti F&B (Boulder) 4. Barchetta 5. Bartaco 6. Baseline Liquors 7. Bohemian Biergarten 8. Boulder Wine & Spirits 9. Boulder Wine Merchant 10. Centro Mexican Kitchen 11. Dark Horse 12. Driftwind at the Boulder Reservoir 13. Francisco Salas - Fiske Planetarium 14. Frasca Food and Wine 15. Fringe Pizza 16. Green Dream 17. Greenwood & Myers Mortuary 18. Half Fast Subs 19. Hazel's 20. Highland City Club 21. JAX Fish House 22. Long's Peak Pub 23. Mountain Sun Pub 24. No Name Bar 25. Petty John's Liquors 26. Pizza Bar 66 27. Pearl St. Pub 28. Pizzeria Locale 29. Post Brewing 30. Press Play 31. Proto's Pizza – Boulder - Broadway 32. Proto's Pizza - Boulder - Gunbarrel 33. Rayback Collective 34. Rio Grande Mexican Restaurant 35. River and Woods 36. Rose Hill Wine & Spirits 37. Rosetta Hall 38. Southern Sun 39. Sundown Saloon 40. Sweetgreen Restaurant 41. Sushi Hana 42. Taj Restaurant 43. Target 44. The Corner 45. The Sink 46. Torchy's Taco's 47. Twisted Pine Brewery 48. Under The Sun 49. University of Colorado Boulder 50. West End Tavern 51. Willow Liquor 52. Woodhouse Day Spa (Davenport Spas) 53. Fox Theater 54. Boulder Theater 55. Salt 56. Snooze 57. The Bitter Bar 58. SideDoor Salon 59. The Spot 60. City of Boulder 61. City of Boulder Police Department 62. CO Restaurant Association (CRA) 63. CU PD 64. SEA GRANTORS 65. UCB 66. UMC - The Connection 67. Z Trip Members who dropped out during Covid or lost connection with us: 1. eTown Hall 2. Full Cycle (The Tune Up) 3. Hotel Boulderado 4. Nitro Club 5. Outback Saloon (Cobblers) 6. Red Agave 7. Residence Inn - Mariott Alcohol Overdose and the Bacchus Maneuver If the person is unconscious, semi-conscious or unresponsive, check for these symptoms of alcohol or drug overdose: • Cannot be roused and are unresponsive to your voice, shaking, or pinching their skin. • Skin is cold, clammy, pale, bluish and/or blotchy. • Breathing is slow - eight or fewer breaths per minute. • Experience lapses in breathing - more than 10 seconds between breaths. • Have seizures, convulsions or rigid spasms. • Vomit while asleep or unconscious and do not awaken. • When in doubt, remember MUST HELP. Courtesy of Aware, Awake, Alive If any of these symptoms of alcohol overdose exist, call 911 for help, and stay with them while waiting for emergency personnel: • Gently turn them onto their side and into the Bacchus Maneuver position. • Don't leave them alone at any time and be prepared to administer CPR. • Remember that there is a chance that a person who has passed out may not ever regain consciousness and there is a serious risk that death could occur. If they are conscious and responsive: • Check often to make sure they are still conscious and responsive. • Make certain that they stay on their side, not their back. Gently turn them onto their side and into the Bacchus Maneuver position. • Before you touch them, tell them exactly what you are going to do. Be aware of any signs of aggression. Do not ridicule, judge, threaten or try to counsel them. • Remain calm and be firm. Avoid communicating feelings of anxiety or anger. • Keep them quiet and comfortable. If they are in the sun, move them to the shade. If cold, move them to a warm place and offer a blanket. • Don't give them food, drink or medication of any kind. • Remember that only time will sober up a drunk person. Walking, showering or drinking coffee will not help and may actually cause harm. What can happen if an alcohol overdose goes untreated? • A person could choke on their vomit. • Breathing may slow down, become irregular, and stop. • Heart may beat irregularly and stop. • Hypothermia (low body temperature). • Hypoglycemia (low blood sugar), which can lead to seizures. • Severe dehydration from vomiting, which can cause seizures, permanent brain damage, or death. Seek medical help for a friend who has had too much to drink. Your friend may become upset if you call 911, but it's better to have your friend alive and upset than to lose them. Responding to alcohol overdose: Whether someone is conscious or unconscious, first perform the Bacchus Maneuver. If someone passes out from drinking too much, you can help by positioning them so they will not choke on their vomit. If you are worried about them, get medical attention, especially if you can't awaken them to the point that they can talk to you. The Bacchus Maneuver 4. Check on them often. Celebrating at parties, cheering a favorite sports team, and enjoying get-togethers after work are common ways to relax or be with friends. For some people, these occasions may also include drinking—even binge or high-intensity drinking. And when that happens, the results can be deadly. Drinking too much and too quickly can lead to significant impairments in motor coordination, decision-making, impulse control, and other functions, increasing the risk of harm. Continuing to drink despite clear signs of significant impairments can result in an alcohol overdose. What Is an Alcohol Overdose? An alcohol overdose occurs when there is so much alcohol in the bloodstream that areas of the brain controlling basic life-support functions—such as breathing, heart rate, and temperature control—begin to shut down. Symptoms of alcohol overdose include mental confusion, difficulty remaining conscious, vomiting, seizure, trouble breathing, slow heart rate, clammy skin, dulled responses such as no gag reflex (which prevents choking), and extremely low body temperature. Alcohol overdose can lead to permanent brain damage or death. Understanding the Dangers of Alcohol Overdose Who May Be at Risk? Anyone who consumes too much alcohol too quickly may be in danger of an alcohol overdose. This is especially true of individuals who engage in binge drinking, defined as a pattern of drinking that brings blood alcohol concentration (BAC) to 0.08 percent or higher,* typically occurring after a woman consumes 4 drinks or a man consumes 5 drinks in about 2 hours; as well as high-intensity drinking, defined as drinking two or more times the binge-drinking thresholds for women and men.2 1 Teenagers and young adults who drink may be at particular risk for alcohol overdose. Research shows that teens and college-age young adults often engage in binge drinking and high-intensity drinking. Drinking such large quantities of alcohol can overwhelm the body’s ability to break down and clear alcohol from the bloodstream. This leads to rapid increases in BAC and significantly impairs brain and other bodily functions. *A blood alcohol concentration (BAC) of 0.08 percent corresponds to 0.08 grams per deciliter, or 0.08 grams per 100 milliliters. What tips the balance from drinking that produces impairment to drinking that puts one’s life in jeopardy varies among individuals. Age, sensitivity to alcohol (tolerance), gender, speed of drinking, medications you are taking, and amount of food eaten can all be factors. Alcohol use and taking opioids or sedative-hypnotics, such as sleep and anti-anxiety medications, can increase your risk of an overdose. Examples of these medications include sleep aids such as zolpidem and eszopiclone, and benzodiazepines such as diazepam and alprazolam. Even drinking alcohol while taking over-the-counter antihistamines can be dangerous. Using alcohol with opioid pain relievers such as oxycodone and morphine or illicit opioids such as heroin is also a very dangerous combination. Like alcohol, these drugs suppress areas in the brain that control vital functions such as breathing. Ingesting alcohol and other drugs together intensifies their individual effects and could produce an overdose with even moderate amounts of alcohol. As BAC Increases—So Do the Risks As blood alcohol concentration (BAC) increases, so does the effect of alcohol—as well as the risk of harm. Even small increases in BAC can decrease motor coordination, make a person feel sick, and cloud judgment. This can increase an individual’s risk of being injured from falls or car crashes, experiencing acts of violence, and engaging in unprotected or unintended sex. When BAC reaches high levels, blackouts (gaps in memory), loss of consciousness (passing out), and death can occur. BAC can continue to rise even when a person stops drinking or is unconscious. Alcohol in the stomach and intestine continues to enter the bloodstream and circulate throughout the body. It is dangerous to assume that an unconscious person will be fine by sleeping it off. One potential danger of alcohol overdose is choking on one’s own vomit. Alcohol at very high levels can hinder signals in the brain that control automatic responses such as the gag reflex. With no gag reflex, a person who drinks to the point of passing out is in danger of choking on his or her vomit and dying from a lack of oxygen (i.e., asphyxiation). Even if the person survives, an alcohol overdose like this can lead to long-lasting brain damage. Know the Danger Signs and Act Quickly Know the danger signals and, if you suspect that someone has an alcohol overdose, call 911 for help immediately. Do not wait for the person to have all the symptoms, and be aware that a person who has passed out can die. Don’t play doctor—cold showers, hot coffee, and walking do not reverse the effects of alcohol overdose and could actually make things worse. » Mental confusion, stupor » Difficulty remaining conscious, or inability to wake up » Vomiting » Seizures » Slow breathing (fewer than 8 breaths per minute) » Irregular breathing (10 seconds or more between breaths) » Slow heart rate » Clammy skin » Dulled responses, such as no gag reflex (which prevents choking) » Extremely low body temperature, bluish skin color, or paleness While waiting for medical help to arrive: » Be prepared to provide information to the responders, including the type and amount of alcohol the person drank; other drugs he or she took, if known; and any health information that you know about the person, such as medications currently taking, allergies to medications, and any existing health conditions. » Do not leave an intoxicated person alone, as he or she is at risk of getting injured from falling or choking. Keep the person on the ground in a sitting or partially upright position rather than in a chair. » Help a person who is vomiting. Have him or her lean forward to prevent choking. If a person is unconscious or lying down, roll him or her onto one side with an ear toward the ground to prevent choking. Stay alert to keep your friends and family safe. And remember—you can avoid the risk of an alcohol overdose by staying within the 2021–2025 Dietary Guidelines for Americans if you choose to drink, or by not drinking at all. For more information, please visit: https://www.niaaa.nih.gov 1 National Institute on Alcohol Abuse and Alcoholism. Defining binge drinking. What Colleges Need to Know Now. https://www.collegedrinkingprevention.gov/media/1College_Bulletin-508_361C4E.pdf. Accessed May 5, 2021. 2 Hingson, R.W.; Zha, W.; and White, A.M. Drinking beyond the binge threshold: Predictors, consequences, and changes in the U.S. American Journal of Preventive Medicine 52(6):717–727, 2017. PMID: 28526355 Updated May 2021 Please note that the BAC ranges depicted in this graph are not absolute and vary by individual. Agenda Item 4 Agenda Item 5 HEARING PROCEDURES OUTLINE City of Boulder Beverage Licensing Authority Application for License Renewal 1) The Chair will call the meeting item to order, and the Licensing Clerk then reads the matter into record 2) The Chair, after calling the meeting item to order, then makes the following opening comments: This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of Applicant [Business Name]: ___________________________, d/b/a [Trade Name]: _________________________, for a renewal of a [Type of License]: _________________ license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado and the Rules of the Beverage Licensing Authority of the City of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this Authority to make the findings and to reach the conclusions required to be made by state law as to whether or not the license shall be renewed. Interested parties are the Applicant, residents of the neighborhood affected by the license as previously determined by the Authority, and the owners and managers of a business located within the neighborhood. This hearing shall be limited to the question of whether there is good cause not to renew the license, as set form in the notice of hearing, dated: _______________. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address. They shall also be sworn in by the Board Secretary. 3) The Chair, then asks the Authority members if anyone has a conflict of interest for this item or if they have and ex-parte contacts regarding this item that they wish to disclose. If there is a conflict of interest or ex-parte contact for an Authority member disclosed, the City Attorney may inquire as to the details of the disclosure. 4) The Chair, then inquires whether there are: i) interested parties present or persons who will act as witnesses for interested parties (they have standing because they reside in or own or manage a business in the designated neighborhood to provide testimony, submit evidence, or cross examine witnesses), or ii) members of the general public who wish to supply comment (they do not have standing as interested parties because they are not located in the designated neighborhood) 5) The Chair asks the Applicant whether they are ready to proceed. If the Applicant answers in the affirmative, then the Chair inquires whether the Interested Parties are ready to proceed and, if they are not, asks for reasons why the application hearing shall not now proceed. 6) If the Applicant and Interested Parties state that they are ready to proceed, then public comment is taken. Public comment is supplied in 3 minutes per person timed increments. 7) The City Attorney or other representative of the Boulder Police Department, will present evidence gathered by the police department, the Licensing Clerk, or other city agencies relevant to the issues framed in the notice. Witnesses may be cross-examined by members of the Authority, representatives of the Boulder Police Department, Interested Parties, and the Applicant. 8) The Applicant then presents their evidence. The Applicant and the applicant’s witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 9) The Interested Parties may then present their evidence in support of or in opposition to the application. The Interested Party and the interested parties’ witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 10) At the Authority’s discretion, the Applicant may present rebuttal evidence. 11) The Chair then closes the matter for Authority deliberations. After this time, no further evidence or testimony may be taken. 12) A member of the Authority then moves, and a member must then second, to approve or disapprove the application or, for good cause, to continue the matter. Authority discussion on the basis for their upcoming vote to the motion should be undertaken by all members. After discussion, a vote is then taken with all members voting to approve or deny the motion. City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (P) 303 441-4192 (F) 303- 441-1919 January 12, 2022 Sent Via Email to: mdunne@cinemark.com and Brian Proffitt, Esq. at bproffitt@runprolaw.com And Via US Mail and Certified Mail, Return Receipt Requested Century Theatres, Inc d/b/a Cen tury 16 LIC # 03-08820 1700 29th Street, Boulder, CO 80301 Attention: Matt Dunne Re: Lodging and Entertainment liquor license renewal for 1700 29th Street, Boulder, C O 80301 Dear Mr. Dunne: Please allow this letter to serve as written acknowledgement that your company does do not wish to sign the Agreement to Voluntarily Suspend Alcohol Sales and instead wish to attend a hearing 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 the city renewal fees for your license and we received the first portion of the renewal on November 4, 2021. However, our local Rules of Procedure preclude me from approving a license renewal via Summary Approval (see attachment 1) if the licensee files same after the deadline for filing, which is 45 days before the license expiration date (here your filing deadline was October 5, 2021), and if the licensee declines to sign an agreement to voluntarily suspend alcohol sales in the event that the renewed license is issued after the license expiration date (here your license expiration date is November 19, 2021). The mentioned Rules direct that the Licensing Clerk has an affirmative duty to review enforcement data related to your establishment. I note that city liquor occupation tax has not approved your license renewal. I also note that city sales tax approval for your renewal has also not yet been received. I note the requirement to receive a complete employee training list as required under item a. I also note that last year for your license renewal a city training condition was added for fully complete training at next year’s renewal. I note that your state application lists that your business only has legal possession, but that possession expires as of 8/31/2022. It appears then that a lease extension will be required. I note that Sarah Parker who is listed on the state renewal has now been replaced by Kayla Liszewski as operating manager so that the submitted state application should be updated. City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (P) 303 441-4192 (F) 303- 441-1919 I note that state renewal fee payment was waived until December 7, 202 1 if State LED received locally approved renewals by that date, but that waiver does not continue, so the state renewal f ee payment must be made online. 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: a. All employees involved in the service of alcohol, including, without limitation, managers, bartenders, and servers, shall attend a state-certified Responsible Vendor alcohol service class within thr ee months from the initial approval of this license. New employees shall take such class within three months of their hire. Re-certification must be undertaken so that they remain current with training. I noted in my emails to you that we did not receive an employee training list so that we could review the hire dates and the training dates for the employees (see Attachment 2). b. Licensee should be prepared to address any questions raised as to non -compliance with § 44-3-4 28, C.R.S. (pertaining to Lodging and Entertainment type Liquor Licenses). c. Licensee 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 licens ee o r applicant has violated, does not meet, or has failed to comply with any of the terms, condition s, or provisions of the Colorado Liquor Code or any related rules and regulations; (B) Evidenc e 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.” “Disord erly conduct” has the same meaning as in §18-9 -106, C.R.S. d. Licensee must explain why city and state license renewal applications were not timely filed with the city of Boulder’s Licensing Clerk as secretary of the BLA at least 45 days prior to your licens e expiration date as dictated by §44-3-302, C.R.S. You will th en be scheduled and are hereby ordered to attend a virtual hearing of the Beverage Licensing Authority on Wednesday February 16, 2022 at 3:00 PM 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 Thursday February 3, 2022 after 12 noon to pick up a hearing notifi cation poster, such poster should be conspicuously posted on your premises (for instance on your front door or front window glass at the licensed location) at least by Saturday February 5, 2022 remaining posted for the 10 day plus 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 this matter by Monday February 7, 2022. The State Liquor Licens e Code is available for your use at: https://sbg.colorado.gov/liquor-enforcement-laws-rules-regulations The City of Boulder Beverages Licensing Authority Rules of Procedures are available for your review at: https://bouldercolorado.gov/government/board-commission/beverage-licensing-authority City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (P) 303 441-4192 (F) 303- 441-1919 (then select: Access Meeting Agendas and Materials on webpage, Beverages Licensing Authority (BLA) from top menu, and scroll down to BLA Rules of Procedure folder to view the current BLA Rules of Procedure adopted September 21, 2021) In the alternative, I can provide you with a hard copy of the BLA Rules of Procedure at your request. If you have questions, or require additional information, please contact me at the below listed numbers. Sincerely yours, Mishawn J. Cook Licensing Manager Certified Municipal Clerk Phone: 303-441-3010 Email: cookm@bouldercolorado.gov Website: http://www.bouldercolorado.gov/licensing CERTIFICATE OF MAILING I hereby certify that on the ______ day of ________ 20 __, a true and correct copy of the above correspondence was duly mailed by placing same in the U.S. Mail, certification # ______________________________, return receipt requested, postage prepaid, addressed to the following. Sent via US Mail and Certified Mail Century Theatres, Inc d/b/a Cen tury 16 LIC # 03-08820 1700 29th Street, Boulder, CO 80301 Attention: Matt Dunne ___________________________________ Sent via email on 1/12/2022 to mdunne@cinemark.com and bproffitt@runprolaw.com 13 - CHAPTER 8 POST-ISSUANCE ACTIONS Section 8-1 License Renewal Subsection 8-1-1 Timely Application Required All applications for renewal of alcohol beverage licenses, including both State and City forms with applicable fees for both parties, shall be submitted to the Licensing Clerk in the form prescribed by law no later than forty-five (45) days before the license expiration date together with the required license and renewal application fees. Any application received fewer than forty-five (45) days before the license expiration date shall be considered a late application. Subsection 8-1-1-a Definition of “Timely” Complete renewal applications which are mailed and postmarked on or before the forty- five (45) day deadline will be considered timely filed. If the deadline date lands on a weekend or city government recognized holiday then the application will be considered timely filed if postmarked on the next business day following that holiday or weekend deadline date. Complete renewal applications that are hand delivered to the Licensing Clerk on or before the forty-five (45) day deadline will be considered timely filed. If the deadline date lands on a weekend or a city government recognized holiday then the application will be considered timely filed if hand delivered on the next business day following that holiday or weekend deadline date. Subsection 8-1-2 Late Applications Without Objections Received Before Expiration of License The Licensing Clerk may process late applications received before expiration of the license, for which no objections have been received, provided that the licensee agrees to suspend the sale of alcohol beverages during the period between expiration of the license and the date the license is actually renewed. If the licensee does not agree to the temporary post-expiration suspension, the Licensing Clerk shall not allow Administrative Approval (as described in Subsection 8-1-5) and shall set the matter for a renewal hearing before the Authority for the next available Authority hearing. Subsection 8-1-3 Late Applications With Objections Received Before Expiration of License When objections have been received, the Licensing Clerk shall set any late applications received before expiration of the license for a renewal hearing before the Authority for the next available Authority hearing. ATTACHMENT 1 ATTACHMENT 2 New as of 1.26.22 New info received 2.7.22- list and cards/certs following list Old info Old info Agenda Item 6 Agenda Item 7 HEARING PROCEDURES OUTLINE City of Boulder Beverage Licensing Authority Application to Modify Licensed Premises of a Liquor License 1) The Chair will call the meeting item to order, and the Licensing Clerk then reads the matter into record 2) The Chair, after calling the meeting item to order, then makes the following opening comments: This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of Applicant [Business Name]: ___________________________, d/b/a [Trade Name]: _________________________, for a request to modify the premises of a [Type of License]: ____________________________ license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado and the Rules of the Beverage Licensing Authority of the City of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this Authority to make the findings and to reach the conclusions required to be made by state law as to whether or not the premise may be altered. Interested parties are the Applicant, residents of the neighborhood affected by the license as previously determined by the Authority, and the owners and managers of a business located in the neighborhood under consideration. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address. They shall also be sworn in by the Board Secretary. 3) The Chair, then asks the Authority members if anyone has a conflict of interest for this item or if they have and ex-parte contacts regarding this item that they wish to disclose. If there is a conflict of interest or ex-parte contact for an Authority member disclosed, the City Attorney may inquire as to the details of the disclosure. 4) The Chair, then inquires whether there are: i) interested parties present or persons who will act as witnesses for interested parties (they have standing because they reside in or own or manage a business in the designated neighborhood to provide testimony, submit evidence, or cross examine witnesses), or ii) members of the general public who wish to supply comment (they do not have standing as interested parties because they are not located in the designated neighborhood) 5) The Chair asks the Applicant whether they are ready to proceed. If the Applicant answers in the affirmative, then the Chair inquires whether the Interested Parties are ready to proceed and, if they are not, asks for reasons why the application hearing shall not now proceed. 6) If the Applicant and Interested Parties state that they are ready to proceed, then public comment is taken. Public comment is supplied in 3 minutes per person timed increments. 7) The Applicant then presents their evidence. The Applicant and the applicant’s witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 8) The Interested Parties may then present their evidence in support of or in opposition to the application. The Interested Party and the interested parties’ witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 9) At the Authority’s discretion, the Applicant may present rebuttal evidence. 10) The Chair then closes the matter for Authority deliberations. After this time, no further evidence or testimony may be taken. 11) A member of the Authority then moves, and a member must then second, to approve or disapprove the application or, for good cause, to continue the matter. Authority discussion on the basis for their upcoming vote to the motion should be undertaken by all members. After discussion, a vote is then taken with all members voting to approve or deny the motion. CITY OF BOULDER BEVERAGES LICENSING AUTHORITY PRELIMINARY FINDINGS AND REPORT IN THE MATTER OF THE APPLICATION FROM Frasca Food and Wine, Inc. d/b/a Frasca Food and Wine/Pizzeria Locale 1738 Pearl Street Boulder, CO 80302 ATTN: Alicia Harmon via email alicia@frascafoodandwine.com Premise Location: 1738 Pearl Street. Boulder, CO 80302 FOR A Change, Alteration or Modification of Premise or Usage of a 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 Change, Alteration or Modification of Premise or Usage of a 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 November 23, 2021. 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 5-1-4, this topic was intentionally omitted from investigation by Licensing Clerk. 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 August 31, 2032. 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.EXISTING OUTLETS IN DESIGNATED NEIGHBORHOOD Responsive to C.R.S. §44-3-312 (2) and BLA Rules of Procedure Subsection 5-1-1 (E), please see attached detailed map of the Authority Designated Neighborhood displaying surrounding currently licensed premises. 7.BACKGROUND INFORMATION Responsive to C.R.S. §44-3-307 and BLA Rules of Procedure Subsection 5-1-4, this topic was intentionally omitted from investigation by Licensing Clerk. 8.APPLICANT FINANCIAL INTEREST Responsive to C.R.S. §44-3-308 and BLA Rules of Procedure Subsection 5-1-4, this topic was intentionally omitted from investigation by Licensing Clerk. 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 Authority for consideration sufficient evidence confirming that the adult residents and business owners and managers within prior established boundaries of Authority designated Neighborhood both need and desire the proposed modification to the existing 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, February 16, 2022 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. February 7, 2022 BEVERAGE LICENSING AUTHORITY CITY OF BOULDER, COLORADO ____________________________________ Jon Yslas, Licensing Specialist for City Licensing Office Applicant Location S p r u c e S t 17th StS o u t h S t B lu ff S t M a r in e S t Ara pahoe AveBroadway 21st St18th St15t h St 23rd St14t h St 20th StVa lmont Rd 19th St1 0 t h S t11th St 19th StW a ln u t S t 9th StWalnut St Portland Pl Maxw ell Ave Alpine Ave P in e S t16t h St Balsam StCanyon Blvd 22nd St21st St20th St18th StEllison Pl22nd St Br oa dwa y 19th St24t h Pl Folsom StLi ncol n Pl 21st St13t h St 18t h St17th St26t h St24 t h St 10t h St 21st St20th St 22nd St 19t h St No rth St Dellwood Ave Alpine Dr Dellwood Ave E d g e w o o d D r 11t h St P e a r l S t19th St23rd StAthens St Cedar Ave Balsam Ave11th St24th St25th StG os s S t Grove St Folsom StLorraine Ct M a p le to n A v eHigh S t P e a r l S t Marine St Grove St Goss StGoss Cir Tyler Rd Floral Dr Grove Cir16th St18th St14th St15th StC a n y o n B lv d 21st StM e s a D r20th StPan orama Ave Ba lsam DrNicholl StS u n se t B lv d Neighborhood Map for Permanent Modification of a Hotel-R estaurant typeLiquor License • Frasca Food & Wine/Pizzeria Locale • 1738 Pearl Street 1 inch = 800 feet The information depicted on this map is providedas graphical representation only. The City of Boulderprovides no warranty, expressed or implied, as tothe accuracy and/or completeness of the informationcontained hereon. Applicant: Frasca Food & Wine, Inc. Trade Name: Frasca Food & Wine/Pizzeria Locale Location: 1738 Pearl Street, Unit 104 License Type: Permanent Modification of a Hotel-Restaurant City ofBoulder Adjusting the wine storage room at Frasca by moving walls 3 feet. Kitchen equipment will also be updated. ADMINISTRATIVE REVIEW NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department: DECISION: APPROVED DATE: November 9, 2021 REQUEST TYPE: Zoning Verification Letter ADDRESS: 1738 PEARL ST APPLICANT: ALICIA YORK, FRASCA FOOD AND WINE INC FRASCA FOOD AND WINE, FRASCA FOOD AND WINE CASE NUMBER: ADR2021-00248 LEGAL DESCRIPTION: LOTS 1-2 & FRACTIONAL LOT 3 BLK 72 BOULDER EAST AND FRACTIONAL LOT 3 BLK 72 BOULDER, DESCRIPTION: Zoning confirmation for Beverage Licensing Authority - Frasca. LAND USE The proposed use of Frasca Food and Wine and Pizzeria Locale LLC located at 1738 Pearl St. has been identified under Section 9-6-1, B.R.C. 1981 to meet the following: Zoning District: Downtown 2 (DT-2) 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): LUR2004-00032; LUR2010-0002 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 Frasca Food and Wine and Pizzeria Locale LLC located at 1738 Pearl St. with the following operational characteristics: Indoor Premise: 3,555 Outdoor Patio: 400 Indoor Seating Capacity: 120 Outdoor Seating: 11 Hours of Operation: Tue to Sat 5:00 pm to 10:30 pm Hours of Operation for Outdoor Patio: Same as above FINAL DECISION STANDARDS The applicant shall be responsible for ensuring that the development is compliant with the final approved plans dated November 8, 2021 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: 1. The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9 2 15(h), B.R.C. 1981. Any change to the operating characteristics (e.g., hours of operation, floor area, traffic generation) shall constitute an expansion and shall be reviewed through under the procedures of Section 9-2 -15, "Use Review," B.R.C. 1981. 2. Interior 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. The Applicant shall submit for and receive approval of a Revocable application for the outdoor patio, which is located within the public right of way, pursuant to section 8 6 6, B.R.C. 1981. This approval shall not be construed as an approval of such encroachment. 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. By: _____________________________________________________ Shabnam Bista, Planning Department ______________ sta,Planning Dep BOULDER COUNTY PUBLIC HEALTH ENVIRONMENTAL HEALTH 3450 BROADWAY BOULDER, CO 803041899 303-441-1564 56.00 FOOD ESTABLISHMENT INSPECTION REPORT Address 1738 PEARL ST1738 PEARL ST, BOULDER, CO 80302-5525 BOULDER, CO 80 Facility Name FRASCA FOOD AND WINE Inspection Type OPENING INSPECTION- FEE02/07/2022Date Owner Name FRASCA FOOD AND WINE LLC Risk factors are important practices or procedures identified as the most prevalent contributing factors of foodborne illness or injury. Public health interventions are control measures to prevent foodborne illness or injury. Compliance status to be designated as IN, OUT, NA, NO for each numbered item. IN=In compliance OUT=Not in compliance NO=Not observed NA=Not applicable COS=Corrected on site R=Repeat violation FBI/Intervention RCOSCompliance Status Supervision NO Person in charge present, demonstrates knowledge, and performs duties1 IN Certified Food Protection Manager2 Employee Health NO Management, food employee and conditional employee; knowledge, responsibilities and reporting 3 NO Proper use of restriction and exclusion4 IN Procedures for responding to vomiting and diarrheal events5 Good Hygenic Practices NO Proper eating, tasting, drinking, or tobacco use6 NO No discharge from eyes, nose, and mouth7 Preventing Contamination by Hands NO Hands clean & properly washed8 NO No bare hand contact with RTE food or a pre-approved alternative procedure properly allowed9 IN Adequate handwashing sinks properly supplied and accessible10 Approved Source NO Food obtained from approved source11 NO Food received at proper temperature12 NO Food in good condition, safe, & unadulterated13 NO Required records available: shellstock tags, parasite destruction14 Protection from Contamination NO Food separated and protected15 IN Food contact surfaces; cleaned & sanitized16 NO Proper disposition of returned, previously served, reconditioned & unsafe food17 Time/Temperature Control for Safety NO Proper cooking time & temperatures18 NO Proper reheating procedures for hot holding19 NO Proper cooling time and temperature20 NO Proper hot holding temperatures21 IN Proper cold holding temperatures22 NO Proper date marking and disposition23 NO Time as a Public Health Control; procedures & records24 Consumer Advisory NO Consumer advisory provided for raw/undercooked food25 Highly Susceptible Populations IN Pasteurized foods used; prohibited foods not offered26 Food/Color Additives and Toxic Substances NO Food additives: approved & Properly used27 IN Toxic substances properly identified, stored & used28 Page 1 of 3DAQ2H25XW FBI/Intervention Good Retail Practices are preventative measures to control the addition of pathogens, chemicals, and physical objects in foods. OUT=Not in compliance COS=Corrected on site R=Repeat violation RCOSCompliance Status Compliance with Approved Procedures NO Compliance with variance / specialized process / HACCP29 Good Retail Practices Good Retail Practices are preventative measures to control the addition of pathogens, chemicals, and physical objects in foods. OUT=Not in compliance COS=Corrected on site R=Repeat violation RCOSCompliance Status Safe Food and Water NO Pasteurized eggs used where required30 IN Water & ice from approved source31 NO Variance obtained for specialized processing methods32 Food Temperature Control IN Proper cooling methods used; adequate equipment for temperature control33 NO Plant food properly cooked for hot holding34 NO Approved thawing methods used35 IN Thermometer provided & accurate36 Food Identification NO Food properly labeled; original container37 Prevention of Food Contamination IN Insects, rodents, & animals not present38 NO Contamination prevented during food preparation, storage & display39 NO Personal cleanliness40 NO Wiping Cloths; properly used & stored41 NO Washing fruits & vegetables42 Proper Use of Utensils NO In-use utensils: properly stored43 NO Utensils, equipment & linens: properly stored, dried, & handled44 NO Single-use / single-service articles: properly stored & used45 NO Gloves used properly46 Utensils and Equipment and Vending IN Food & non-food contact surfaces cleanable, properly designed, constructed, & used47 IN Warewashing facilities: installed, maintained, & used; test strips48 IN Non-food contact surfaces clean49 Physical Facilities IN Hot & cold water available; adequate pressure50 OUT Plumbing installed; proper backflow devices51 IN Sewage & waste water properly disposed52 IN Toilet facilities: properly constructed, supplied, & cleaned53 IN Garbage & refuse properly disposed; facilities maintained54 IN Physical facilities installed, maintained, & clean55 IN Adequate ventilation & lighting; designated areas used56 Page 2 of 3DAQ2H25XW Observed Violations: 51 - Plumbing installed; proper backflow devices OBSERVATION: (Correct By 2/08/22) 5-203.14 Backflow Prevention Device, When Required (P) A BACKFLOW PREVENTION DEVICE IS NOT PROVIDED ON TWO COMBI OVENS IN THE KITCHEN. PROPER PROTECTION FROM BACKFLOW MUST BE PROVIDED ON ALL EQUIPMENT CONNECTED TO THE POTABLE WATER SUPPLY. PROVIDE AN APPROVED BACKFLOW PREVENTION DEVICE ON THE SUPPLY LINE OF THE COMBO OVENS. General Comments and Notes OPENING INSPECTION. APPROVED TO OPERATE. THIS FACILITY HAS A CURRENT (2022) COLORADO RETAIL FOOD ESTABLISHMENT LICENSE. •DO YOU NEED A COVID-19 VACCINE? INFORMATION IS AVAILABLE IN ENGLISH AND SPANISH. PLEASE VISIT OUR WEBSITE AT https://www.bouldercounty.org/families/disease/covid-19/vaccines/ FOR VACCINE LOCATIONS AND ELIGIBILITY. Follow-up Required: NOT APPLICABLE Inspector Name: DAVID BAUM Received by: Page 3 of 3DAQ2H25XW 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 via email to licensingonline@bouldercolorado.gov by 12:00pm on Monday, February 7, 2022. P.O. Box 791 | 1136 Alpine Ave, Boulder CO 80304 | licensingonline@bouldercolorado.gov | O: 303-441-4192 Applicant Location S p r u c e S t 17th StS o u t h S t B lu ff S t M a r in e S t Ara pahoe AveBroadway 21st St18th St15t h St 23rd St14t h St 20th StVa lmont Rd 19th St1 0 t h S t11th St 19th StW a ln u t S t 9th StWalnut St Portland Pl Maxw ell Ave Alpine Ave P in e S t16t h St Balsam StCanyon Blvd 22nd St21st St20th St18th StEllison Pl22nd St Br oa dwa y 19th St24t h Pl Folsom StLi ncol n Pl 21st St13t h St 18t h St17th St26t h St24 t h St 10t h St 21st St20th St 22nd St 19t h St No rth St Dellwood Ave Alpine Dr Dellwood Ave E d g e w o o d D r 11t h St P e a r l S t19th St23rd StAthens St Cedar Ave Balsam Ave11th St24th St25th StG os s S t Grove St Folsom StLorraine Ct M a p le to n A v eHigh S t P e a r l S t Marine St Grove St Goss StGoss Cir Tyler Rd Floral Dr Grove Cir16th St18th St14th St15th StC a n y o n B lv d 21st StM e s a D r20th StPan orama Ave Ba lsam DrNicholl StS u n se t B lv d Neighborhood Map for Permanent Modification of a Hotel-R estaurant typeLiquor License • Frasca Food & Wine/Pizzeria Locale • 1738 Pearl Street 1 inch = 800 feet The information depicted on this map is providedas graphical representation only. The City of Boulderprovides no warranty, expressed or implied, as tothe accuracy and/or completeness of the informationcontained hereon. Applicant: Frasca Food & Wine, Inc. Trade Name: Frasca Food & Wine/Pizzeria Locale Location: 1738 Pearl Street, Unit 104 License Type: Permanent Modification of a Hotel-Restaurant City ofBoulder PERMIT_NUM LicenseNum Licensee TradeName Address LicenseClass LIQ2018-80230 03-10633 Pickled Peppers, LLC Leaf 1710 Pearl Street, Boulder CO 80302 Hotel-Restaurant LIQ2017-00111 03-01698 Bohemian Biergarten Inc BOHEMIAN BIERGARTEN 2017 13th St, Boulder, CO 80302 Hotel-Restaurant LIQ2017-00020 10-52819-0003 Boulderado Restaurants, Inc HOTEL BOULDERADO 2115 13th St, Boulder, CO 80302 Hotel-Restaurant LIQ2017-00133 23-90571-0002 Illegal Pete's, Inc ILLEGAL PETE'S 1447 Pearl St, Boulder, CO 80302-5306 Hotel-Restaurant LIQ2017-00128 42-94691-0000 Snooze BoCo LLC SNOOZE 1617 Pearl St Suite 100, Boulder, CO 80302-5449 Hotel-Restaurant LIQ2017-00050 18-26667-0000 Frasca Food and Wine Inc FRASCA FOOD AND WINE/PIZZERIA LOCALE 1738 Pearl St, Unit 104, Boulder, CO 80302-5525 Hotel-Restaurant LIQ2018-80113 03-09899 CSCP Boulder, LLC Steak House No. 316 1922 13th Street, Boulder, CO 80302 Hotel-Restaurant LIQ2018-00007 28-58545-0000 Mateo, LLC MATEO 1837 Pearl St, Boulder, CO 80302-5518 Hotel-Restaurant LIQ2017-00025 03-06248 Eat at Home, LLC RIVER AND WOODS 2328 Pearl Street, Boulder, CO 80302 Hotel-Restaurant LIQ2017-00100 10-51332-0000 Sushi Zanmai, Inc SUSHI ZANMAI/ SAKE ZANMAI: AMU 1221 Spruce St, Boulder, CO 80302-4805 Hotel-Restaurant LIQ2017-00075 03-03220 Sforno Restaurant Concepts LLC SFORNO TRATTORIA ROMANA 1308 PEARL STREET, Boulder, CO 80302 Hotel-Restaurant LIQ2018-00037 42-86704-0000 Urban Palate LLC OAK AT 14TH 1400 Pearl St, Boulder, CO 80302-5307 Hotel-Restaurant LIQ2017-00082 35-07424-0000 leapfrog, llc BLACK CAT/BRAMBLE AND HARE 1964 13th St, Boulder, CO 80302-5205 Hotel-Restaurant LIQ2017-00110 15-12884-0000 Foolish Craig's, LLC FOOLISH CRAIG'S 1611 Pearl St, Boulder, CO 80302-5410 Hotel-Restaurant LIQ2018-00044 03-01016 Jaipur Indian Restaurant LLC JAIPUR INDIAN RESTAURANT 1800 Broadway St Suite 160, Boulder, CO 80302-5390 Hotel-Restaurant LIQ2021-00025 03-14412 Barchetta, LLC Barchetta 1644 Walnut Street, Boulder CO 80302 Hotel-Restaurant LIQ2018-80318 03-10808 Lucile's Creole Cafe Boulder LLC Lucile's Creole Cafe 2124 14th Street, Boulder, CO 80302 Hotel-Restaurant Liquor License Application Summary Page for Door to Door Neighborhood Petitioning Applicant: Frasca Food and Wine, Inc. Trade Name: Frasca Food and Wine/Pizzeria Locale Business Location: 1738 Pearl Street. Unit 104 Boulder CO 80302 Occupancy: Indoor: 120 Seating Outdoor: 11 Seating Square Footage: 3,955 Business Description: Restaurant Operating Hours: Tuesday-Saturday 5:00PM-10:30PM, Same # of Licenses in area: 17 Application Type: Permanent Modification of a Hotel-Restauarnt Type Liquor License Defined Neighborhood: NORTH- Alpine Avenue SOUTH- Canyon Boulevard EAST- Folsom Street WEST- Broadway Date and Location of Beverage Licensing Authority Hearing to provide comment: Wednesday February 16, 2022 at 3PM Virtual Meeting: https://bouldercolorado.gov/government/board-commission/beverage- licensing-authority 30 minutes prior to meeting for meeting link Neighborhood Needs & Desires Petition Summary Sheet Applicant: Frasca Food and Wine, Inc. Trade Name: Frasca Food and Wine/Pizzeria Locale Business Location: 1738 Pearl Street. Unit 104. Boulder, CO 80302 Date(s) of Petitioning: Defined Neighborhood: NORTH – Alpine Avenue SOUTH – Canyon Boulevard EAST – Folsom Street WEST – Broadway 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 FEBRUARY 7, 2022 DATE OF PETITIONING: ___________________________________________ TIME OF PETITIONING: _________________________ Business Petition Form Applicant: Frasca Food and Wine, Inc Trade Name: Frasca Food and Wine/Pizzeria Locale Application Type: Permanent Modification of a Hotel- Restaurant Type Liquor License Business Location [See Map]: 1738 Pearl Street. Unit 104. Boulder, CO 80302 Previous Business: Full Service Restaurant Date & Time of Hearing: Wednesday February 16, 2022 at 3PM Location of Hearing: Virtual Hearing I, the undersigned, am aware that a liquor license application has been filed with the City of Boulder. I certify that I am at least 21 years of age and a business owner or manager in the defined neighborhood. I have indicated below, with my signature, my opinion about approval/denial of the above referenced application. BUSINESS NAME PERSON NAME [PRINT] ADDRESS *FAVOR **OPPOSE REASON WHY YOU FAVOR OR OPPOSE THIS APPLICATION SIGNATURE (Please SIGN, do not print) CAPACITY (Owner/Mgr) AGE DATE PETITION ISSUE: This petition/opinion poll is being conducted to determine the reasonable requirements, needs and desires of the adult inhabitants of the defined neighborhood per C.R.S. 44-4 and 44-3, the Colorado Beer and Liquor Codes, and per local licensing authority rules/procedures. [*] If you favor and support this Permanent Modification of a 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 Permanent Modification of a Hotel-Restaurant TYPE LIQUOR LICENSE application, please sign and check the [**] OPPOSE column, and please then indicate the reason you oppose this license application. If you think that you have been unduly influenced by the petition circulator or have questions or comments concerning the proposed application or survey method, please call: MISHAWN J. COOK, CITY OF BOULDER LICENSING MANAGER AT PHONE: 303-441-3010 OR EMAIL: cookm@bouldercolorado.gov DATE OF PETITIONING: ___________________________________________ TIME OF PETITIONING: _________________________ Resident Petition Form Applicant: Frasca Food and Wine, Inc. Trade Name: Frasca Food and Wine/Pizzeria Locale Application Type: Permanent Modification of a Hotel-Restaurant Type Liquor License Business Location [See Map]: 1738 Pearl Street. Unit 104. Boulder, CO 80302 Previous Business: Full Service Restaurant Date & Time of Hearing: Wednesday February 16, 2022 at 3PM Location of Hearing: Virtual Hearing I, the undersigned, am aware that a liquor license application has been filed with the City of Boulder. I certify that I am at least 21 years of age and am a resident in the defined neighborhood. I have indicated below, with my signature, my opinion about approval/denial of the above referenced application. PERSON NAME (Please PRINT) ADDRESS *FAVOR **OPPOSE REASON WHY YOU FAVOR OR OPPOSE THIS APPLICATION SIGNATURE (Please SIGN, do not print) AGE TODAY’S DATE PETITION ISSUE: This petition/opinion poll is being conducted to determine the reasonable requirements, needs and desires of the adult inhabitants of the defined neighborhood per C.R.S. 44-4 and 44-3, the Colorado Beer and Liquor Codes, and per local licensing authority rules/procedures. [*] If you favor and support this Permanent Modification of a Hotel-Restaurant Type Liquor License 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 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 Permanent Modification of a Hotel-Restaurant Type Liquor License TYPE LIQUOR LICENSE application, please sign and check the [**] OPPOSE column, and please then indicate the reason you oppose this license application. If you think that you have been unduly influenced by the petition circulator or have questions or comments concerning the proposed application or survey method, please call: MISHAWN J. COOK, CITY OF BOULDER LICENSING MANAGER AT PHONE: 303-441-3010 OR EMAIL: cookm@bouldercolorado.gov 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:_________________________ Agenda Item 8 HEARING PROCEDURES OUTLINE City of Boulder Beverage Licensing Authority Application for a New License or a Change in Class 1) The Chair will call the meeting item to order, and the Licensing Clerk then reads the matter into record 2) The Chair, after calling the meeting item to order, then makes the following opening comments: This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of Applicant [Business Name]: ___________________________, d/b/a [Trade Name]: _________________________, for a [Type of License]: ____________________________ license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado and the Rules of the Beverage Licensing Authority of the City of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this Authority to make the findings and to reach the conclusions required to be made by state law as to whether or not the license applied for shall issue. Interested parties are the Applicant, residents of the neighborhood under consideration, and the owners and managers of a business located in the neighborhood under consideration. For purposes of determining who is an interested party at this hearing, the neighborhood under consideration is the neighborhood previously defined by the Authority. The Authority shall make a final determination of the affected neighborhood prior to determining whether the license shall be issued. Any interested party may speak to the question of neighborhood designation, as well as other information relevant to the granting or denial of the application. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address. They shall also be sworn in by the Board Secretary. 3) The Chair, then asks the Authority members if anyone has a conflict of interest for this item or if they have and ex-parte contacts regarding this item that they wish to disclose. If there is a conflict of interest or ex-parte contact for an Authority member disclosed, the City Attorney may inquire as to the details of the disclosure. 4) The Chair, then inquires whether there are: i) interested parties present or persons who will act as witnesses for interested parties (they have standing because they reside in or own or manage a business in the designated neighborhood to provide testimony, submit evidence, or cross examine witnesses), or ii) members of the general public who wish to supply comment (they do not have standing as interested parties because they are not located in the designated neighborhood) 5) The Chair asks the Applicant whether they are ready to proceed. If the Applicant answers in the affirmative, then the Chair inquires whether the Interested Parties are ready to proceed and, if they are not, asks for reasons why the application hearing shall not now proceed. 6) If the Applicant and Interested Parties state that they are ready to proceed, then public comment is taken. Public comment is supplied in 3 minutes per person timed increments. 7) The Applicant then presents their evidence. The Applicant and the applicant’s witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 8) The Interested Parties may then present their evidence in support of or in opposition to the application. The Interested Party and the interested parties’ witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 9) At the Authority’s discretion, the Applicant may present rebuttal evidence. 10) The Chair then closes the matter for Authority deliberations. After this time, no further evidence or testimony may be taken. 11) A member of the Authority then moves, and a member must then second, to approve or disapprove the application or, for good cause, to continue the matter. Authority discussion on the basis for their upcoming vote to the motion should be undertaken by all members. After discussion, a vote is then taken with all members voting to approve or deny the motion. CITY OF BOULDER BEVERAGES LICENSING AUTHORITY PRELIMINARY FINDINGS AND REPORT IN THE MATTER OF THE APPLICATION FROM DeRossi Boulder, LLC 445 E. 6th Street. New York, NY 10009 ATTN: Mike Laszlo (Attorney) via email mlaszlo@laszlolaw.com RE: Avant Garden Bistro Proposed Premise Location: 1002 Walnut Street. Suite 102. Boulder, CO 80302 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 December 14, 2021. 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 May 31, 2031. 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. EXISTING OUTLETS IN DESIGNATED NEIGHBORHOOD Responsive to C.R.S. §44-3-312 (2) and BLA Rules of Procedure Subsection 5-1-1 (E), please see attached detailed map of the Authority Designated Neighborhood displaying surrounding currently licensed premises. 7. 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): Ravi Lalchandani - 100% owner and registered manager BLA members should please refer to the additional board member attachment at the end of these findings. Prior Administration and Operational Characteristics: Ravi Lalchandani doe not hold ownership in any Colorado liquor licensed locations. However, he has worked in bars and restaurants for over 20 years and has experience with the sale and service of food and alcohol. 8. 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, February 16, 2022 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. February 7, 2022 BEVERAGE LICENSING AUTHORITY CITY OF BOULDER, COLORADO Jon Yslas Licensing Specialist Regulatory Licensing Division Applicant Location 8th St8th St Pearl St Floral D r Pearl St Bluff St Marine S t 18th S t 3rd S t 15th S t 5th S t4th S t 14th S t Pennsylvania Ave University Ave 20th StPleasant St11th S t 8th StGrandview Ave Grant Pl9th S t Lincoln Pl10th St13th St14th St11th St12th St15th St19th St19th StWalnut St College Ave 17th StAlpine Ave Edgewood Dr16th St3rd StMaxwell Ave Canyon Blvd Fern Pl 9th StDewey Ave 18th StBeacon C t Cedar Ave Evergreen Ave Dellwood Ave Balsam Ave Ellison Pl7 t h S t5th St19th StLinco ln P l6th St13th StHapgood St6th St18th S t 13th St17th StSpruce St4th St8th St8th St15th St3rd S t 10th StArapahoe A v e 21s t S t20th S t19th S t North St 8th S t 7th StDellwood Ave Gilbert StB r o a d w a y4th StGre e n R o c k D r 14th StMountain View Rd 19th StElder Ave 7th StMarshall StBroadwayAthens St Evergreen A v e 21st StCedar Ave Balsam Ave Mapleton Ave Mapleton Ave 20th St18th StCentral Campus Mall Spruce St 8th St Goss St Arapahoe Ave Grove St Macky Dr13th St5th StHigh St Highland Ave Marine St Valley View Dr Concord Ave Tyler Rd Pine St 16th St5th St18th St11th St14th St10th St15th St7th StHillside Rd Suns h i n e C a n y o n D r Canyon Blvd3rd StBalsam DrNorth St 15th StMesa Dr20th StJefferson StN i c h o l l S t Sunset Blvd Neighborhood Map for a New Hotel-Restaurant type Liq uor License Avante Garden Bistro • 1002 Walnut Street 1 inch = 1,200 feet The information depicted on this map is providedas graphical representation only. The City of Boulderprovides no warranty, expressed or implied, as tothe accuracy and/or completeness of the informationcontained hereon. Applicant: De Rossi Boulder, LLC Trade Name: Avante Garden Bistro Location: 1002 Walnut Street, Suite 102 License Type: New Hotel-Restaurant City ofBoulder 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. Applicant's Business Name: __ D_e_ro_s_s_i_B_o_u_l_d _e _r_L_L_C ___________________ _ Trade Name: Avan t Garde n B i stro---------------------------------- Ph N b 917-597-2692 one um er: __ Contact Person: __ Ravi Lalchandani Business Address: _____ 1_0_0_2_w_a_ln_u_t_S_tre_e_t _, _B_o _u _ld_e_�_,_c_o_8_0_3_0_2 ____________ Mailing Address: ____ 1_0_0_2_w_a_ln _u_t_S_tl'l_e_e _t .;.., _B_o _u _ld _e_�...;.,_C_o_B_0_3_0_2 ____________ _ Property Owner: George Williams Limited Liability Limited Partnership Phone Number (local): 303-493 -1990 Property Manager: Ge orge Williams Limited Liability Limited Partnership Phone Number (local): 303-493-1990 Property Manager's Mailing Address: _67_o_o_L_o o_k_o _ut_R_d_. B_o_u_ld_e..;.r, _c_o_a_o_30_1 ______________ _ Registered Manager or Manager of Record: Ravi Lachandani Phone Number (local): 917-597-2692 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): Kl New License: $1,000.00 □Change of Location: $750.00□Change in Class: $750.00 Type of License (fee): [!I Hotel-Restaurant: $75.00 □Hotel-Restaurant w/ Optional Premise: $75.00 c Beer and Wine: $48.75 □Club: $41.25□Resort Complex: $75.00□Race Track: $75.00□Vintner's Restaurant: $75.00□Fermented Malt On-Premise: $3.75 □Bed and Breakfast Permit: $125.00 Total □ □ Cl C C C C C CJ Cl C 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 c Manager Registration-if separate from owners (H&R and Tavern): $75.00 Total Fees: $ 1 ,o7 5 .oo 1 Suite 102 Suite 102 Derossi Boulder LLC d/b/a Avant Garden Bistro 1002 Walnut Court, Suite 102 Boulder CO 80302 Supplemental Questionnaire - City of Boulder Liquor License Application 1. Derossi Boulder LLC d/b/a Avant Garden Bistro will be part of Overthrow Hospitality, a NYC-based hospitality company that specializes in plant-based, conceptual restaurants and bars throughout NYC. This is the first restaurant we will be opening in Colorado & it will be operating as a full service restaurant and bar. The cuisine will be inspired by two of our best performing restaurants in New York City, Ladybird and Avant Garden, taking inspiration from both and turning it into its own unique concept in Ravi’s hometown of Boulder, Colorado. Having achieved a level of notoriety and success in the cocktail world over the last 20 years, Ravi shifted his focus to food where his innovation was noticed by the New York Times, Forbes, Zagat and The New Yorker. A vegetarian-turned-vegan himself, Ravi holds a deep affection for all animals, and has been an outspoken voice on animal rights issues. His nonprofit BEAST Foundation and shift to plant-based ventures has warranted both local and national applause, receiving an award from PETA for his efforts. 2. Proposed days/hours are currently as follows: Monday - Sunday, 11AM - 2AM. We will be operating for lunch and dinner service. 3. Seating capacity is 90. 4. Yes. 5. Yes. We will have emergency exits in the event of an emergency, as well as the necessary fire suppression materials and other safety measures needed in the establishment. 6. We plan to have 35 employees. We anticipate to have 5 full-time salaried employees and 30 hourly employees, with the option to work part time/full time based on their personal availability. 7. Ravi has worked in bars and restaurants for over 20 years and has existential experience with the sale and service of food and alcohol. Ravi's bars and restaurants have been featured in hundreds of thousands of national, international and local publications, received acclaim for their impact on cocktail culture and two of his establishments have published cocktail books. His experience and leadership abilities when it comes to operating restaurants/bars trickles down to all of our staff members, who we expect to be experts in service and professionalism at all times. 8. In keeping with the best practices outlined in our company employee handbook, all applicants considered for any management position undergo an interview process that consists of 3 tiers: the first tier assesses their most current and relevant experience managing restaurants operations. Prior to the second tier of the hiring process, we review references provided by the prospective employee in order to confirm the level of expertise expressed from the initial interview. Lastly, applicants applying for a managerial position undergo a training process to acquaint them with the needs, safety protocol and leadership duties they should expect to assume and execute beginning on their first day of employment. Assuming the applicant makes it this far, they will embark on their first 3 months of employment knowing that this is a performance-based probationary period to ensure that whoever holds the position abides by our company’s core values and has the talent and time management skills to satisfy the requirements of the job. 9.We will register as a Responsible Alcohol Beverage Vendor and require the training for all employees to complete 60 days after their hire date. We will also encourage staff members to become TIPS certified to enhance their skills during service. 10.We will train every front-of-house employee and managers to determine intoxication levels based on a guest’s behavior, the number of drinks ordered and general demeanor when they arrive at the establishment. We will also involve the proper local authorities to assist if the situation becomes out of our control. 11.Our managers will be responsible for refusing service to patrons to protect our hourly staff members. If a guest is deemed to be refused service, the staff member will immediately retrieve the manager on duty to handle the situation. 12.Employees will be cross-trained for all front-of-house positions (server, bartender, busser, runner) to ensure all gaps are filled and can jump in at a moment’s notice if the establishment is busy. We will also implement mandatory staff meetings and tests to make sure they are always at the necessary standard to work at the establishment. 13.All guests will be asked for identification to prove they are the appropriate age to consume alcoholic beverages at the time of ordering. All front-of-house staff members will be trained to know what to look out for, how to ask politely for identification, and how to escalate matters to a manager should it be deemed necessary. If it is found that a guest is underage, they will not be permitted to consume alcohol and/or if they have a fraudulent ID that states they are, the ID will be revoked and the guest will be asked to leave. 14.None. 15.No. 16.We will not have security personnel. Guests will be greeted upon entry by the host who will seat them at an appropriate table. If a table is not available, the host will take down the name and call back number to notify the guests when their table is available. The host will also suggest a local neighboring establishment to visit while waiting so as to keep the sidewalk and other outside areas clear. 17.The kitchen will close at 1AM each evening, 1 hour before the establishment closes. 18.70% food, 30% alcohol. 19. We will have additional staff specifically scheduled for the outdoor patio, reflector tape in the patio area(s) for traffic concerns, proper winterization (if necessary, i.e. salt and sidewalk snow removal.) 20. Attached. 21. The establishment will have sound proofing to ensure neighbors will not hear any noise during private events. The host on duty will direct guests out from in front of the establishment, whether that is while entering or exiting the establishment or while being placed on a wait list. No crowds will be allowed in front of the building. We will have specific staff members working during these events who will be trained efficiently on alcohol service and private events. Avant Garden Bistro 1002 walnut street Boulder CO 80302 1 (833) 328-4588 Date: ________________________________________ Employee Name: ______________________________ Alcohol Service Policy ●I understand that it is my responsibility to avoid service to anyone under the age of 21 years or anyone who shows signs of visible intoxication. I will check the identification of all guests who order alcohol. I will bring any questionable / vertical I.D. to a manager for verification. ●I understand that I must be TIPS certified within 60 days of employment in a role involved in the sale of alcohol. ●I understand that if I have knowledge of a guest under the age of 21 years or under the influence of impairing substances that I am responsible to alert the server and management. ●I understand that a violation or failure to execute this policy can or will result in termination of my employment at Avant Garden Bistro. ________________________________________________ Employee Signature C O L D BABY GEM Charred gem lettuce, caesar, roasted tomato, avocado, garlic nori crouton 16 BRUSSELS Candied walnut, cranberry, fig gastrique, green apple 17 AVOCADO Carrot ginger dressing, crispy rice, miso glaze, blistered shishito 18 T O A S T ROASTED BEET Hummus, date, sumac, chickpea, cucumber tzatziki 16 ARTICHOKE Spinach artichoke puree, black truffle vinaigrette, jicama, cashew 18 CREMINI MUSHROOM Grape, onion marmalade, herbs de provence, walnut puree 16 SUNCHOKE Olive, pistachio, pickled pear 16 H O T SCORCHED CAULIFLOWER Toasted garlic, fried capers, cauliflower puree 22 CELERY ROOT Shiitake veloute, mushroom gremolata. 24 HEN OF THE WOODS Mushroom puree, kohlrabi, pickled hon shimeji 18 ROASTED CARROT Farro, ramp chimichurri, cucumber tzatziki 24 HOUSE MADE SPAGHETTI House made pasta, carbonara, smoked mushroom, spring onion 22 PAELLA Calasparra rice, merguez royal trumpet, almonds, red pepper cream 25 ORIGINALS…. $17 Alpine Stranger Zirbenz, Carpano Antica, Seltzer, Cherry Bark Vanilla Bitters BB Gun China China, Carpano Bianco, Cognac, Angostura Bitters Trainspotter Pasubio, Ramazzotti Rosato, Apple Brandy, Burlesque Bitters Blackrock Chiller Suze, Branca Menta, Reposado Tequila Boxing Day Lucano, Becherovka, Byrrh, Rum, Scorched Pear & Ginger Bitters Reminiscing Ciociaro, Letherbee Fernet, Bourbon, Abbott's Bitters FAVORITES… $17 Sharpie Mustache  Meletti, Bonal, Gin, Rye, Tiki Bitters  Di Pompelmo  Tequila, Cocchi Americano, Aperol, Tiber, Hopped Grapefruit Bitters 8 Amaro Sazerac  House amari blend, Chartreuse, Peychaud's Bitters  Old Fashioned  Rye, Cane, Angostura Bitters, Orange Bitters  Manhattan  Rye, Sweet Vermouth, Angostura Bitters Negroni  Gin, Campari, Sweet Vermouth, Angostura Bitters SPARKLING Il Farneto Spergola ‘God Save the Wine’ Emilia-Romagna, Italy 2020 ORANGE 15 / 58 Podere Giardino Lambrusco (Marani / Salamino / Olivia) ‘Reggiano Lambrusco’ Emilia, Italy 2019 RED 15 / 58 Julia Bernet Xarello ‘Cuvée U’ Corpinnat, Catalunya 2021 WHITE 16 / 62 ROSE Girolamo Russo Nerello Mascalese ‘Etna Rosato’ Etna, Sicily 2019 16 / 62 ORANGE Bichi Chenin Blanc 'La Gorda Yori' Baja, Mexico 2019 18 / 70 Fabrizio Vella Catarrato Marsala, Sicily 2020 16 / 62 WHITE Nicolas Bindi Vermentino ‘Zinzinu’ Patrimonio, Corisca 2019 14 / 70 Ayunta Nerello Mascalese 'Bianco' Etna, Sicily 15 / 58 Celine & Laurent Tripoz Chardonnay ‘Cuvee du Clocher Macon-Loche’ Burgundy, France 2019 16 / 62 CHILLED RED Angelo Negro Brachetto ‘Unfiltered Rosso’ Piedmont, Italy 2018 16 / 62 RED Fattorie Romeo del Castello Nerello Mascalese / Nerello Cappuccio ‘Allegracore’ Etna, Sicily 2018 16 / 62 Cosse Maisonneuve Malbec ‘Le Fage’ Cahors, France 2018 15 / 58 Clos Fantine Carignan / Grenache / Syrah ‘Cuvee Tradition’ Languedoc-Roussillon, France 16 / 62 CIDER Aaron Burr Cidery ‘Elder Pomme’ Sullivan County, New York 2020 16 / 62 SWEET Yoigokochi Yuzu Hyogo, Japan 12 BUBBLES Testalonga Chenin Blanc ‘I am the Ninja’ Swartland, South Africa 2020 WHITE 62 Azienda Agricola Barbera Grillo ‘Sotto Sopra Frizzante’ Menfi, Italy ORANGE 58 Castel Pujol (Pia Carrau) Malvasia, Trebbiano ‘Folklore Pét Nat’ Rivera, Uruguay WHITE 54 Azienda Crocizia Field Blend ‘Strajé Bianco’ Emilia-Romagna, Italy 2018 ORANGE 84 Dominique Belluard Gringet ‘Les Perles du Mont Blanc’ Savoie, France 2015 WHITE 90 Esencia Rural Airen ‘Pampaneo Ancestral’ Castilla - La Mancha, Spain 2019 WHITE 35 Mas Goma Xarel-lo / Macabeu ‘El Creuer’ Penedes, Spain WHITE 62 Alanna Lagamba Pinot Noir / Pinot Blanc / Riesling 'Mehr Frauen? Ja Bitte!' Rheinhessen, Germany 2020 RED 68 ROSÉ Rapillo Cesanese di Affile Lazio, Italy 2019 54 Papras Black Muscat ‘Oreads’ Tyrnavos, Greece 2020 54 Guglierame Dolcetto ‘Ormeaseco di Pornassio Sciac-tra Rosato’ Liguria, Italy 2018 60 La Casa Vieja Pais / Palomino Fino ‘Rosado’ Baja, Mexico 2019 50 Ashanta Syrah / Carignan ‘Rosado’ North Coast, California 2020 54 Analemma Pinot Noir 'Apline Rose' Columbia Gorge, Washington 2019 72 Petra Bredova Neuberger / St. Laurent 'Vina Na Slupkach (Rysak)' South Moravia, Czech Republic 2019 68 Lamoresca Nero d’Avola / Frappato / Moscato 'Rosato' San Michele di Ganzaria, Sicily 2020 74 ORANGE GraWü Chardonnay ‘Chardonnay’ Trentino 2016 80 Castello di Stefanago Chardonnay / Cortese 'Orangiosauro' Lombardy, Italy 2020 76 Alessandro Viola Catarratto ‘Le mie origini’ Alcamo, Sicily 2019 70 Quinta da Ermegeira Arinto ‘Cristovan’ Lisbo, Portugal 2019 62 Matthieu Barret Roussanne 'Jaurai Ta Peau' Rhone, France 2020 62 Cristiano Guttarolo Verdeca ‘Bianco’ Puglia, Italy 2019 62 Esencia Rural Airén ‘de Sol a Sol’ Toledo, Spain 2016 62 Costador Macabeu 'Metamorphika' (Clay Bottle) Catalunya, Spain 2020 80 Pearl Morissette Riesling / Chardonnay / Gewurztraminer 'Irreverence Blanc' Ontario, Canada 76 WHITE Patrick Piuze Bourgogne Aligoté ‘1953’ Burgundy, France 2019 50 Andi Knauss Riesling 'La Boutanche' Württemberg, Germany 2020 56 (LITER) Frantz Saumon Chenin Blanc ‘Mineral +’ Loire Valley, France 2018 78 Alexis Hudon Menu Pineau 'Clac' Loire Valley, France 2019 70 Alex Craighead Riesling / Sauvignon Blanc / Viognier Nelson, New Zealand 50 Gogita Makaridze Tsitska Imereti, Georgia 2019 65 Testalonga Chenin Blanc ‘Cortez’ Swartland, South Africa 2020 80 Alexis Hudon Grolleau Gris ‘Le Groslot’ Loire Valley, France 2020 70 (LITER) Domaine Bobinet Cabernet Franc (Blanc) 'Piak' Saumur, France 2020 52 RED Martin Texier Syrah 'Brezeme' Rhone, France 2019 64 Franck Balthazar Grenache / Syrah 'Cotes-du-Rhone' Rhône 2020 64 Champ des Treilles Merlot / Cabernet Franc / Cabernet Sauvignon 'Le Petit Champ' Bordeaux, France 2019 56 Antonio Lopes Ribeiro Baga / Bastardo / Alfocheiro / Bical 'Nina' Douro, Portugal 80 Radovan Šuman Pinot Noir ‘Modri Pinot’ Podravje, Slovenia 2019 100 Hors Champs Syrah / Grenache 'Une Vie Nuit' Roussillon, France 2020 66 Domaine du Pech Cabernet Sauvignon 'Le Pech Badin' Buzet, France 2009 156 Marcel Joubert Gamay ‘Brouilly, Cuvee Renaissance’ Beaujolais, France 2017 95 Folias de Baco Field Blend 'Vinha Velhas' Douro, Portugal 2017 60 Štoka Teran ‘Izbrani Teran’ Kras. Italy-Slovenia 2018 62 DR 8404 (01/22/20) COLORADO DEPARTMENT OF REVENUELiquor Enforcement Division (303} 205-2300 Colorado Liquor Retail License Application D New License [i) New-Concurrent D Transfer of Ownership D State Property Only D Master file •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/enforcement/liquor 1.Applicant is applying as a/an D Individual IX] Limited Liability Company D Association or Other D Corporation D Partnership (indudes Limited Liability and Husband and Wife Partnerships) 2.Applicant If an LLC, name of LLC; if partnership, at least 2 partners names; if corporation, name of corporation FEIN Number Derossi Boulder, LLC 2a. Trade Name of Establishment (DBA) ' Number Business Telephone Avant Garden Bistro 917-597-2692 3. Address of Premises (specify exad location of premises, include suite/unit numbers) 1002 Walnut Street Suite 102 City County State ZIP Code Boulder Boulder co 80302 4. Mailing Address (Number and Street)City or Town State ZIP Code 445 E. 6th Street New York NY 10009 5. Email Address Ravi@OverthrowHospitality.com 6. If the premises currently has a liquor or beer license, you must answer the following questions Present Trade Name of Establishment (DBA) l Present State License Number I Present Class of License Present Expiration Date Section A Nonrefundable Application Fees* Section B (Cont.) Liquor License Fees* D Application Fee for New License ............................................ $1,550.00 D Uquor-licensed Drugstore (County) .................................................. $312.50 Iii Application Fee for New Ucense w/Concurrent Review ............ $1,650.00 0 Lodging & Entertainment -L&E (City) ................................................. $500.00 0 Application Fee for Transfer ................................................... $1,550.00 D Lodging & Entertainment -L&E (County} ........................................... $500.00 Section B Liauor License Fees* 0 Manager Registration -H & R ................................................................ $75.00 0 Add Optional Premises to H & R. ........ $100.00 X Total D Manager Registration -Tavern ............................................................... $75.00 D Manager Registration -Lodging & Entertainment ................................ $75.00 0 Add Related Faality to Resort Complex$75.00 X Total D Manager Registration -campus Liquor Complex ............................... $75.00 0 Add Sidewalk Service Area .................................................................... $75.00 D Optional Premises License (City) ......................................................... $500.00 0 Arts License (City) ................................................................................ $308.75 D Optional Premises License (County) ................................................... $500.00 D Arts Uc:ense (County) .......................................................................... $308.75 D Racetrack License (aty) ....................................................................... $500.00 D Beer and Wine License (City) ...........................•.•........•...•........•••.•..•... $351.25 D Racetrack License (County) ................................................................. $500.00 D Beer and Wine License (County} ........................................................ $436.25 D Resort Complex License (City) ............................................................. $500.00 D Brew Pub License (City) .................................................................... $750.00 D Resort Complex License (County) ....................................................... $500.00 D Brew Pub License (County) ................................................................. $750.00 D Related Facility-campus Liquor Complex (City) .............................. $160.00 D Campus Liquor Complex (City) ........................................................... $500.00 D Related Facility-campus Liquor Complex (County) ........................ $160.00 D campus Uquor Complex (County) ..................................................... $500.00 D Related FadUty-Campus Liquor Complex (State) ............................ $160.00 D campus Uquor Complex (State) ......................................................... $500.00 D Retail Gaming Tavern Ucense (City) ................................................... $500.00 D Club License (City) ............................................................................... $308.75 D Retail Gaming Tavern License (County) .............................................. $500.00 D Club Ucense (County) ........................................................................ $308.75 D Retail Liquor Store License-Additional (City) ...................................... $227.50 D Distillery Pub License (City) ................................................................. $750.00 D Retail Liquor Store License-Additional (County) ................................ $312.50 D Distillery Pub License (County) ........................................................... $750.00 D Retatl Liquor Store (City) ....................................................................... $227.50 Iii Hotel and Restaurant License (City) ................................................... $500.00 D Retail Liquor Store (County) ................................................................. $312.50 D Hotel and Restaurant License (County) ............................................ $500.00 D Tavern License (City) .......................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 0 Tavern License (County) ···········•·••·•• .................................................. $500.00 D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Vintners Restaurant License (City) ...................................................... $750.00 D Liquor-licensed Drugstore (City) ....................................................... $227.50 D Vintners Restaurant Ucense (County) ................................................. $750.00 *Note that the Division will not acceot cash Questions? Visit: www.colorado.gov/enforcementlliquorfor more information Do not write in this space -For Department of Revenue use only Liability Information License Account Number I Liability Date I License Issued Through (Expiration Date)Total $ 1 DR 8495 (07/23/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Tax Check Authorization, Waiver, and Request to Release Information I, Ravi Lalchandani am signing this Ta x Check Authorization, Waiver and Request to Release Information (hereinafter "Waiver") on behalf of DeRossi Boulder,LLC/Avant Garden Bistro (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 connection 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) I Social Security Numberrrax Identification Number Address City Derossi Boulder, LLC dba Avant Garden Bistro 1002 Walnut Street Suite 102 Boulder Home Phone Number !State co IBusiness/Work Phone Number 917-597-2692Printed name of person s of the ApplicanULicensee Ravi Lalchandani Applican�'s Signature (Signature authorizing the disclosure of confidential tax information) Privacy Act Statement 'Zip 80302 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). Suite 102 Suite 102 $350,000 Derossi Boulder, LLC business checking Derossi Boulder, LLC 1002 Walnut Street Suite 102 Boulder CO 80302 ----- Attachment to Financial Disclosure Statement Derossi Mac LLC 445 East 6th Street, New York, NY 10009 Promissory Note $100,000 N/A 3 years Derossi Chelsea LLC 445 East 6th Street, New York, NY 10009 $50,000 N/A 3 years Derossi Veg LLC 445 East 6th Street, New York, NY 10009 $100,000 N/A 3 years Derossi Asia LLC 445 East 6th Street, New York, NY 10009 $100,000 N/A 3 years DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes liJNobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) 11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a □Yes l!JNodeferred sentence? (If yes, explain in detail.) 12.Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.)□Yes iJNoPersonal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information reauired in auestion #13 is solelv for identification ourooses. 13a. Date of Birth C. Place of Birth I b. Social Security Number California, United States of America I d. U.S. Citizen �Yes □Noe.If Naturalized, state where f.When g.Name of District Court h.Naturalization Certificate Number i.Date of Certification j. If an Alien, Give Alien's Registration Card Number I k.Permanent Residence Card Number I.Height Im. Weight In. Hair Color o. Eye Color5'8 165 lbs Brown Brown 1P· GenderMale I q.Do you have a current Driver's Lic:ense/1D? If so, give number and state.D Yes [] No # State 14.Financial Information. a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.$ 350,000 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. $ 0.00 *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 Account Type Bank Name Amount NIA d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach a Amount separate sheet if needed) Type: Cash, Services or Equipment Loans Account Type Bank Name e.Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security Amount Oath of Applicant I declare under oenaltv of oeriurv that this aoolication and all attachments are true. correct. and comolete to the best of mv knowledae. Authp-519!.1ature I Print Signature Ravi Lalchandani 'Title Managing Member 'Date Derossi Mac LLC 445 East 6th Street NY, NY 10009 3yrs N/A $100,000 Derossi Chelsea LLC 445 East 6th Street NY, NY 10009 3yrs N/A $50,000 Derossi VegLLC 445 East 6th Street NY, NY 10009 3yrs N/A $100,000 Derossi Asia LLC 445 East 6th Street NY, NY 10009 3yrs N/A $100,000 12/2/2021 Ravi Lalchandani — Supplement to 8404 IHR Question No. 10 I believe I was ticketed for a DWAI in New Mexico in 2001. I do not recall the specifics of the charges or the case. I am unsure if there was a conviction, or if the charges were dropped as it happened so long ago, and I’ve only just recalled this incident when specifically asked in connection with this application. I have looked but can find no information about the matter. This has nothing to do with the fact that I don’t have a driver’s license. Having lived in New York City for many years, I do not drive myself and therefore do not need a driver’s license. ZONING CONFIRMATION FOR BEVERAGE LICENSING AUTHORITY NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department: DECISION: APPROVED REVISED DISPOSITION 1/5/2022 DATE: October 8, 2021 REQUEST TYPE: Zoning Confirmation for BLA ADDRESS: 1002 Walnut Street APPLICANT: Ravi Lalchandani, Derossi Boulder LLC OPERATOR: Derossi Boulder LLC dba Avant Garden Bistro CASE NUMBER: ADR2021-00223 LEGAL DESCRIPTION: UNIT 101B 1002 WALNUT CONDOS & 25.4499% UND INT COMMON ELEMENTS, City of Boulder, County of Boulder, Colorado DESCRIPTION: Zoning Confirmation Application for Beverage Licensing Authority for a restaurant, Derossi Boulder LLC dba Avant Garden Bistro, to occupy the space at 1002 Walnut Street Suite 102. LAND USES The proposed use of Derossi Boulder dba Avant Garden Bistro located at 1002 Walnut St has been identified under Section 9-6-1, B.R.C. 1981 to meet the following: Zoning District: DT-5 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): P-77-35B 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 Derossi Boulder dba Avant Garden Bistro to assume operation of the tenant space at 1002 Walnut St with the following operational characteristics: Indoor Premise: 2,869 Outdoor Patio: 359 Indoor Seating Capacity: 94 Outdoor Seating Capacity: 32 Hours of Operation: Monday-Sunday, 11:00am – 2:00am Hours of Operation for Outdoor Patio: Monday-Sunday, 11:00am – 2:00am 2 The applicant shall be responsible for ensuring that the development is compliant with the Written Statement dated October 8, 2021 (revised January 5, 2022) and final approved plans dated October 8, 2021 (revised January 5, 2022) 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: 1. The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9-2-15(h), B.R.C. 1981. 2. Interior 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. All conditions outlined in the previously approved review, P-77-35B. 5. All conditions of Section 5-9-6 (Unreasonable Noise Prohibited Between the Hours of 11 P.M. Through 7 A.M.) of the Boulder Revised Code (B.R.C. 1981). 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. By: ______________________________________ Alison Blaine, Planning Department Updated January 2019 Page 1 Responsive to C.R.S. 12-47-313(1) and (1)c which states in pertinent part, “(1) No application for the issuance of any license… shall be received or acted upon …(c) For a location in an area where the sale of alcohol beverages as contemplated is not permitted under the applicable zoning laws of the municipality, city and county, or county…” and Beverage Licensing Authority (BLA) Rules of Procedure, Subsection 5-1-1 (c). 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. Applicant information ____________________Business Entity:_________________________Trade Name: ____________ Phone: ________________________________ Email: _____________________________________ Premise Address: ___________________________________________________________________________________ Application Type: [ ] New [ ] Transfer [ ] Modification [ ] Location Change [ ] Class Change Liquor License Type: _______________________________________________________________________________ Indoor Premise Sq. Ft.: ____________________ Outdoor Patio Sq. Ft.: _______________________ (Please review the zoning regulations for the property at the Planning and Development Services Center for patio seating requests of 300 sq. ft. or more) Indoor Seating Capacity: ____________________ Outdoor Seating Capacity: __________________ Hours of Operation: ___________________________________________________________________ Patio Hours of operation (if different): ____________________________________________________ Liquor License Applicant agrees to operate in accordance with the above Approved Square Footage, Occupant Load and Seating Capacity, and to abide by Approved Hours of Operation. Further, Liquor License Applicant understands that if they do not operate in accordance with their zoning approvals, they may be subject to code compliance actions by City of Boulder. Applicant’s Signature: _________________________ Applicant’s Printed Name: _____________________ Applicant’s Title: _____________________________ Signature Date: ______________________________ Zoning Confirmation Application for Beverage Licensing Authority Attachment to Administrative Review Application Form 1739 Broadway, Third Floor Boulder, CO 80306-0791 Phone: 303-441-1880 | Web: boulderplandevelop.net 1/5/2022 1/5/2022 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 via email to licensingonline@bouldercolorado.gov by 12:00pm on Monday, February 7, 2022. P.O. Box 791 | 1136 Alpine Ave, Boulder CO 80304 | licensingonline@bouldercolorado.gov | O: 303-441-4192 Applicant Location 8th St8th St Pearl St Floral D r Pearl St Bluff St Marine S t 18th S t 3rd S t 15th S t 5th S t4th S t 14th S t Pennsylvania Ave University Ave 20th StPleasant St11th S t 8th StGrandview Ave Grant Pl9th S t Lincoln Pl10th St13th St14th St11th St12th St15th St19th St19th StWalnut St College Ave 17th StAlpine Ave Edgewood Dr16th St3rd StMaxwell Ave Canyon Blvd Fern Pl 9th StDewey Ave 18th StBeacon C t Cedar Ave Evergreen Ave Dellwood Ave Balsam Ave Ellison Pl7 t h S t5th St19th StLinco ln P l6th St13th StHapgood St6th St18th S t 13th St17th StSpruce St4th St8th St8th St15th St3rd S t 10th StArapahoe A v e 21s t S t20th S t19th S t North St 8th S t 7th StDellwood Ave Gilbert StB r o a d w a y4th StGre e n R o c k D r 14th StMountain View Rd 19th StElder Ave 7th StMarshall StBroadwayAthens St Evergreen A v e 21st StCedar Ave Balsam Ave Mapleton Ave Mapleton Ave 20th St18th StCentral Campus Mall Spruce St 8th St Goss St Arapahoe Ave Grove St Macky Dr13th St5th StHigh St Highland Ave Marine St Valley View Dr Concord Ave Tyler Rd Pine St 16th St5th St18th St11th St14th St10th St15th St7th StHillside Rd Suns h i n e C a n y o n D r Canyon Blvd3rd StBalsam DrNorth St 15th StMesa Dr20th StJefferson StN i c h o l l S t Sunset Blvd Neighborhood Map for a New Hotel-Restaurant type Liq uor License Avante Garden Bistro • 1002 Walnut Street 1 inch = 1,200 feet The information depicted on this map is providedas graphical representation only. The City of Boulderprovides no warranty, expressed or implied, as tothe accuracy and/or completeness of the informationcontained hereon. Applicant: De Rossi Boulder, LLC Trade Name: Avante Garden Bistro Location: 1002 Walnut Street, Suite 102 License Type: New Hotel-Restaurant City ofBoulder PERMIT_NUM LicenseNum Licensee TradeName Address LicenseClass LIQ2018-00052 41-62638-0002 The Kitchen Cafe LLC Next Door American Eatery 1035 Pearl ST Unit 100-102 C, Boulder, CO 80302-5110 Hotel-Restaurant LIQ2017-00035 28-62148-0000 Less Filling, LLC SALT 1047 Pearl St, Boulder, CO 80302-5110 Hotel-Restaurant LIQ2018-80230 03-10633 Pickled Peppers, LLC Leaf 1710 Pearl Street, Boulder CO 80302 Hotel-Restaurant LIQ2017-00032 03-52081-0001 Hungry Toad, Inc HUNGRY TOAD 2543 N Broadway, Boulder, CO 80302-4110 Hotel-Restaurant LIQ2017-00111 03-01698 Bohemian Biergarten Inc BOHEMIAN BIERGARTEN 2017 13th St, Boulder, CO 80302 Hotel-Restaurant LIQ2017-00103 41-03057-0000 Lofty Concepts, Inc ATTIC BAR AND BISTRO 949 Walnut St, Boulder, CO 80302-5179 Hotel-Restaurant LIQ2017-00020 10-52819-0003 Boulderado Restaurants, Inc HOTEL BOULDERADO 2115 13th St, Boulder, CO 80302 Hotel-Restaurant LIQ2018-00031 18-24767-0000 Next Door LLC WEST END TAVERN 926 Pearl St, Boulder, CO 80302-5109 Hotel-Restaurant LIQ2018-00051 41-62638-0001 The Kitchen Cafe, LLC KITCHEN, THE 1039 Pearl St, Boulder, CO 80302-5110 Hotel-Restaurant LIQ2018-00036 07-34731-0000 Empire Crabhouse, LLC Jax Fish House 928 Pearl St, Boulder, CO 80302-6738 Hotel-Restaurant LIQ2018-00056 03-09179 Half Eaten Cookie LLC CORRIDA 1023 Walnut Street, #400, Boulder, CO 80302 Hotel-Restaurant LIQ2017-00133 23-90571-0002 Illegal Pete's, Inc ILLEGAL PETE'S 1447 Pearl St, Boulder, CO 80302-5306 Hotel-Restaurant LIQ2017-00128 42-94691-0000 Snooze BoCo LLC SNOOZE 1617 Pearl St Suite 100, Boulder, CO 80302-5449 Hotel-Restaurant LIQ2021-00042 03-14665 My Neighbor Felix IV, Corp.My Neighbor Felix 901 Pearl Street, Unit 100, Boulder, CO 80302 Hotel-Restaurant LIQ2017-00122 03-38345-0005 Rio Grande Mexican Restaurants, Inc RIO GRANDE MEXICAN RESTAURANT 1101 Walnut St, Boulder, CO 80302-5116 Hotel-Restaurant LIQ2017-00050 18-26667-0000 Frasca Food and Wine Inc FRASCA FOOD AND WINE/PIZZERIA LOCALE 1738 Pearl St, Unit 104, Boulder, CO 80302-5525 Hotel-Restaurant LIQ2018-80113 03-09899 CSCP Boulder, LLC Steak House No. 316 1922 13th Street, Boulder, CO 80302 Hotel-Restaurant LIQ2018-00007 28-58545-0000 Mateo, LLC MATEO 1837 Pearl St, Boulder, CO 80302-5518 Hotel-Restaurant LIQ2017-00100 10-51332-0000 Sushi Zanmai, Inc SUSHI ZANMAI/ SAKE ZANMAI: AMU 1221 Spruce St, Boulder, CO 80302-4805 Hotel-Restaurant LIQ2018-00059 03-09026 Chimera Inc.CHIMERA 2014 10th Street, Boulder, CO 80302 Hotel-Restaurant LIQ2020-00287 03-13607 Boulder Chop House, LLC Frank's Chop House 921 Walnut Street, Boulder, CO 80302 Hotel-Restaurant LIQ2017-00075 03-03220 Sforno Restaurant Concepts LLC SFORNO TRATTORIA ROMANA 1308 PEARL STREET, Boulder, CO 80302 Hotel-Restaurant LIQ2017-00038 18-21014-0000 Walnut Restaurant Group, Inc BRASSERIE TEN TEN 1011 Walnut St, Unit 100, Boulder, CO 80302-5182 Hotel-Restaurant LIQ2018-00037 42-86704-0000 Urban Palate LLC OAK AT 14TH 1400 Pearl St, Boulder, CO 80302-5307 Hotel-Restaurant LIQ2017-00036 26-19000-0000 Huckleberry Foods, Inc BOULDER DUSHANBE TEAHOUSE 1770 13th St, Boulder, CO 80302-6226 Hotel-Restaurant LIQ2017-00145 06-20170-0001 The Hapa Group, Inc HAPA SUSHI & SAKE 1117 Pearl St, Boulder, CO 80302-4001 Hotel-Restaurant LIQ2020-00100 03-13346 Ashkara II, LLC Ashkara Unorthodox Cuisine 1043 Pearl Street, Boulder, CO 80302 Hotel-Restaurant LIQ2018-80427 03-10961 Rosetta LLC Rosetta Hall 1109 Walnut Street, Boulder, CO 80302 Hotel-Restaurant LIQ2017-00178 15-40621-0000 St Julien Partners LLC ST JULIEN HOTEL 900 Walnut St, Boulder, CO 80302-5172 Hotel-Restaurant LIQ2017-00149 25-33846-0000 Sherpa's LLC SHERPA'S 825 Walnut St, Boulder, CO 80302-5034 Hotel-Restaurant LIQ2017-00165 10-61692-0000 Pasta Jay's, Inc Pasta Jay's 1001 Pearl St, Boulder, CO 80302-5110 Hotel-Restaurant LIQ2017-00082 35-07424-0000 leapfrog, llc BLACK CAT/BRAMBLE AND HARE 1964 13th St, Boulder, CO 80302-5205 Hotel-Restaurant LIQ2017-00028 14-38442-0000 950 Pearl Street LLC CENTRO LATIN KITCHEN 950 Pearl St, Boulder, CO 80302-5109 Hotel-Restaurant LIQ2017-00162 12-32257-0000 Holy Sushi, Inc JAPANGO 1136 Pearl St Unit 103, Boulder, CO 80302-5141 Hotel-Restaurant LIQ2017-00110 15-12884-0000 Foolish Craig's, LLC FOOLISH CRAIG'S 1611 Pearl St, Boulder, CO 80302-5410 Hotel-Restaurant LIQ2017-00160 03-00221 Taco Boulder LLC T-ACO AN URBAN TAQUERIA 1175 Walnut St, Boulder, CO 80302-5116 Hotel-Restaurant LIQ2018-00044 03-01016 Jaipur Indian Restaurant LLC JAIPUR INDIAN RESTAURANT 1800 Broadway St Suite 160, Boulder, CO 80302-5390 Hotel-Restaurant LIQ2020-00337 03-13889 Jungle LLC Jungle 2018 10th St, Boulder CO 80302 Hotel-Restaurant LIQ2021-00025 03-14412 Barchetta, LLC Barchetta 1644 Walnut Street, Boulder CO 80302 Hotel-Restaurant LIQ2018-80318 03-10808 Lucile's Creole Cafe Boulder LLC Lucile's Creole Cafe 2124 14th Street, Boulder, CO 80302 Hotel-Restaurant LIQ2017-00107 03-04999 909 Walnut Property LLC ARCANA RESTAURANT 909 Walnut Street, Boulder, CO 80302 Hotel-Restaurant LIQ2017-00073 03-07918 Bartaco Pearl West, LLC BARTACO 1048 Pearl Street, Suite 101, Boulder, CO 80302 Hotel-Restaurant LIQ2021-00311 03-15454 Gemini Boulder LLC Gemini 1115 Pearl Street, Boulder CO 80302 Hotel-Restaurant LIQ2017-00115 03-06453 Eureka Restaurant Group, LLC EUREKA!1048 Pearl Street, Unit # 105, Boulder, CO 80302 Hotel-Restaurant Liquor License Application Summary Page for Door to Door Neighborhood Petitioning Applicant: De Rossi Boulder, LLC Trade Name: Avant Garden Bistro Business Location: 1002 Walnut Street, Suite 102, Boulder CO 80302 Occupancy: Indoor: 94 Seating Outdoor: 32 Seating Square Footage: 3,228 Business Description: Restaurant Operating Hours: Monday-Sunday 11AM-2AM, Same # of Licenses in area: 44 Application Type: New Hotel-Restaurant Type Liquor License Defined Neighborhood: NORTH- Alpine Avenue SOUTH- Arapahoe Avenue EAST- 20th Street Extended WEST- City Limits Date and Location of Beverage Licensing Authority Hearing to provide comment: Wednesday February 16, 2022 at 3PM Virtual Meeting: https://bouldercolorado.gov/government/board-commission/beverage- licensing-authority 30 minutes prior to meeting for meeting link Neighborhood Needs & Desires Petition Summary Sheet Applicant: De Rossi Boulder, LLC Trade Name: Avant Garden Bistro Business Location: 1002 Walnut Street. Suite 102. Boulder, CO 80302 Date(s) of Petitioning: Defined Neighborhood: NORTH – Alpine Avenue SOUTH – Arapahoe Avenue EAST – 20th Street Extended WEST – City Limits 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 FEBRUARY 7, 2022 DATE OF PETITIONING: ___________________________________________ TIME OF PETITIONING: _________________________ Business Petition Form Applicant: De Rossi Boulder, LLC Trade Name: Avant Garden Bistro Application Type: New Hotel-Restaurant Type Liquor License Business Location [See Map]: 1002 Walnut Street. Suite 102. Boulder, CO 80302 Previous Business: Full Service Restaurant Date & Time of Hearing: Wednesday February 16, 2022 at 3PM Location of Hearing: Virtual Hearing I, the undersigned, am aware that a liquor license application has been filed with the City of Boulder. I certify that I am at least 21 years of age and a business owner or manager in the defined neighborhood. I have indicated below, with my signature, my opinion about approval/denial of the above referenced application. BUSINESS NAME PERSON NAME [PRINT] ADDRESS *FAVOR **OPPOSE REASON WHY YOU FAVOR OR OPPOSE THIS APPLICATION SIGNATURE (Please SIGN, do not print) CAPACITY (Owner/Mgr) AGE DATE PETITION ISSUE: This petition/opinion poll is being conducted to determine the reasonable requirements, needs and desires of the adult inhabitants of the defined neighborhood per C.R.S. 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 proposed 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: De Rossi Boulder, LLC Trade Name: Avant Garden Bistro Application Type: New Hotel-Restaurant Type Liquor License Business Location [See Map]: 1002 Walnut Street. Suite 102. Boulder, CO 80302 Previous Business: Full Service Restaurant Date & Time of Hearing: Wednesday February 16, 2022 at 3PM Location of Hearing: Virtual Hearing I, the undersigned, am aware that a liquor license application has been filed with the City of Boulder. I certify that I am at least 21 years of age and am a resident in the defined neighborhood. I have indicated below, with my signature, my opinion about approval/denial of the above referenced application. PERSON NAME (Please PRINT) ADDRESS *FAVOR **OPPOSE REASON WHY YOU FAVOR OR OPPOSE THIS APPLICATION SIGNATURE (Please SIGN, do not print) AGE TODAY’S DATE PETITION ISSUE: This petition/opinion poll is being conducted to determine the reasonable requirements, needs and desires of the adult inhabitants of the defined neighborhood per C.R.S. 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 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 TYPE LIQUOR LICENSE application, please sign and check the [**] OPPOSE column, and please then indicate the reason you oppose this license application. If you think that you have been unduly influenced by the petition circulator or have questions or comments concerning the proposed application or survey method, please call: MISHAWN J. COOK, CITY OF BOULDER LICENSING MANAGER AT PHONE: 303-441-3010 OR EMAIL: cookm@bouldercolorado.gov 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:_________________________ Agenda Item 9 HEARING PROCEDURES OUTLINE City of Boulder Beverage Licensing Authority Application for a New License or a Change in Class 1) The Chair will call the meeting item to order, and the Licensing Clerk then reads the matter into record 2) The Chair, after calling the meeting item to order, then makes the following opening comments: This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of Applicant [Business Name]: ___________________________, d/b/a [Trade Name]: _________________________, for a [Type of License]: ____________________________ license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado and the Rules of the Beverage Licensing Authority of the City of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this Authority to make the findings and to reach the conclusions required to be made by state law as to whether or not the license applied for shall issue. Interested parties are the Applicant, residents of the neighborhood under consideration, and the owners and managers of a business located in the neighborhood under consideration. For purposes of determining who is an interested party at this hearing, the neighborhood under consideration is the neighborhood previously defined by the Authority. The Authority shall make a final determination of the affected neighborhood prior to determining whether the license shall be issued. Any interested party may speak to the question of neighborhood designation, as well as other information relevant to the granting or denial of the application. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address. They shall also be sworn in by the Board Secretary. 3) The Chair, then asks the Authority members if anyone has a conflict of interest for this item or if they have and ex-parte contacts regarding this item that they wish to disclose. If there is a conflict of interest or ex-parte contact for an Authority member disclosed, the City Attorney may inquire as to the details of the disclosure. 4) The Chair, then inquires whether there are: i) interested parties present or persons who will act as witnesses for interested parties (they have standing because they reside in or own or manage a business in the designated neighborhood to provide testimony, submit evidence, or cross examine witnesses), or ii) members of the general public who wish to supply comment (they do not have standing as interested parties because they are not located in the designated neighborhood) 5) The Chair asks the Applicant whether they are ready to proceed. If the Applicant answers in the affirmative, then the Chair inquires whether the Interested Parties are ready to proceed and, if they are not, asks for reasons why the application hearing shall not now proceed. 6) If the Applicant and Interested Parties state that they are ready to proceed, then public comment is taken. Public comment is supplied in 3 minutes per person timed increments. 7) The Applicant then presents their evidence. The Applicant and the applicant’s witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 8) The Interested Parties may then present their evidence in support of or in opposition to the application. The Interested Party and the interested parties’ witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 9) At the Authority’s discretion, the Applicant may present rebuttal evidence. 10) The Chair then closes the matter for Authority deliberations. After this time, no further evidence or testimony may be taken. 11) A member of the Authority then moves, and a member must then second, to approve or disapprove the application or, for good cause, to continue the matter. Authority discussion on the basis for their upcoming vote to the motion should be undertaken by all members. After discussion, a vote is then taken with all members voting to approve or deny the motion. CITY OF BOULDER BEVERAGES LICENSING AUTHORITY PRELIMINARY FINDINGS AND REPORT IN THE MATTER OF THE APPLICATION FROM LM Boulder CO, LLC 3970 Broadway Street. #105 Boulder, CO 80304 ATTN: Drew Gorrlieb (Atourney) via email dsg@bhgrlaw.com RE: Lucky's Bakehouse Cafe Premise Location: 3980 Broadway Street. Suite 106-107. Boulder, CO 80304 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 December 15, 2021. 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 ofthe 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 July 31, 2031. 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. EXISTING OUTLETS IN DESIGNATED NEIGHBORHOOD Responsive to C.R.S. §44-3-312 (2) and BLA Rules of Procedure Subsection 5-1-1 (E), please see attached detailed map of the Authority Designated Neighborhood displaying surrounding currently licensed premises. 7. 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): Jason Bohanan Sharon - Owner Jennifer Johnson - Registered Manager BLA members should please refer to the additional board member attachment at the end of these findings. Prior Administration and Operational Characteristics: Jason Bohanan Sharon as a founder of Lucky's Market, has extensive experience owning, managing, and operating retail food establishments. He is also an owner of LM Fort Collins, LLC, a supermarket in Fort Collins with a fermented malt beverage type liquor license. Mr. Sharon was included on the licenses at various Lucky's Market stores in other states. It is the applicants understanding that a Lucky's store in Ann Arbor Michigan incurred a violation for serving to an underage customer in June of 2019. The violation was resolved and a fine of $500 was paid in March of 2020. Mr. Sharon is unclear if he was identified on the license as an owner at the time of incident as he is no longer associated with that particular LLC, but he wanted to disclose this incident nonetheless. Jennifer Johnson (Registered Manager) is TIPS certified and has over 15 years experience as a general manager in high-traffic, liquor licensed establishments including concert venues, clubs, and eating/drinking establishments. 8. 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, February 16, 2022 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. February 7, 2022 BEVERAGE LICENSING AUTHORITY CITY OF BOULDER, COLORADO Jon Yslas Licensing Specialist Regulatory Licensing Division Applicant Location10th StIris Walk CtQuince Ave5th StFolsom StHawthorn Ave Spotswood Pl15th StBroadwayVine Pl Dakota Blvd Kalmia Ave 1 8th St Upland Ave2nd St14th St26th St19th StZamia Ave Vineyard Pl 15th StGrape Ave Avocado Rd13th StForest Ave Broadway14th StCactus Ct4th St5th StPoplar Ave Vi s t a Dr 11th StNo rw oo d Ave 21st StUtica Ave Kalmia Ave3rd StAgate Rd Laramie Blvd Grape Ave Kirkwood Pl4th St7th StN orw ood A veTansy Pl 10th StKincaid PlGarnet LnIris Ave8th StApricot Pl 15th St17th StOrchard Ave 9th StHawthorn Ave Upla nd Ave 28th StDakota BlvdCloverleaf DrJonathan Pl 9th St26th St16th St15th StLloyd CirWil d P l u m C t Catalpa WayMo f fit C t Yarmouth Ave Locust Pl Violet Ave Forest AveRiverside DrL e e H ill D r Aspen CtConifer CtLi nden Dr S p r i n g V a ll e y Dr 16th StCholla Ct Orange Ct16th St14th St13th StJ u n i p e r A v eOrange LnRedwood Ave Iris CtPoplar Ave Ke l le r Far m D rNeher Ln13th StP r e m i e r P l Cherry Ave Amber StM o s s R o c k P l6th St25th StYellow Pine Ave Poplar Ave Ta m a ra c k Av e Quail Cir Rosewood Ave Oak AveOakleaf CirVin e Av e Utica CirKalmia Ave Grape Ave Sumac Ave Q u in c e C ir Meado w Ave Union AveLocust Ave Glenwood Dr T o p a z D r Linden Ave Boulder View LnHerm osa DrSuma c Ave Meadow AveLinden Ave 21st StS Cedar Brook RdE m e ra ld R d Junip er Ave Cinnamon Cir Iris AvePine Needl e RdNeighborhood Map for a New Hotel-Restaurant type Liquor LicenseLucky's Bakehouse Cafe • 3980 Broadway 1 inch = 1,500 feet The information depicted on this map is providedas graphical representation only. The City of Boulderprovides no warranty, expressed or implied, as tothe accuracy and/or completeness of the informationcontained hereon. Applicant: LM Boulder, LLC Trade Name: Lucky's Bakehouse Cafe Location: 3980 Broadway, Suite 107-108 License Type: New Hotel-Restaurant City ofBoulder -.#PVMEFS$0 --$ -VDLZhT#BLFIPVTF$BGF +FOOJGFS+PIOTPO #SPBEXBZ"WF  #PVMEFS$0 #SPBEXBZ"WF  #PVMEFS$0 $POJT%FWFMPQNFOU--$ +PIO,POEBSJT #SPBEXBZ"WF #PVMEFS $0 +FOOJGFS+PIOTPO 9 9   9    -PDBMMZPXOFEEBZUJNFDBGFBOESFTUBVSBOUDVSSFOUMZPGGFSJOHCSFBLGBTUBOEMVODIGPPETFSWJDF5BSHFUNBSLFUJT/PSUI#PVMEFSGBNJMJFT OFJHICPSIPPESFTJEFOUT  BOEDVTUPNFSTGSFRVFOUJOHOFJHICPSJOHTVQFSNBSLFUBOETVSSPVOEJOHCVTJOFTTFT.FOVJTBUUBDIFE BNQN UPUBMJOEPPSTBOEPVUEPPST :FT CVTJOFTTJTDVSSFOUMZJOPQFSBUJPOJODPNQMJBODFXJUICVJMEJOHBOEGJSFEFQBSUNFOUSFRVJSFNFOUT :FT &TUJNBUFEUPUBMFNQMPZFFTGVMMUJNFBOEQBSUUJNF +BTPO#PIBOBO4IBSPOBTBGPVOEFSPG-VDLZh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hTMFWFMJOUPYJDBUJPO&NQMPZFFTBSFUSBJOFEUP PCTFSWFWFSCBMBOEQIZTJDBMDVFTGSPNQBUSPOT NPOJUPSDVTUPNFSCFIBWJPS BOENBJOUBJOEJMJHFOUPCTFSWBUJPOPWFSMJDFOTFEQSFNJTFT "QQMJDBOUIBTTUBOEBSEPQFSBUJOHQSPDFEVSFTBOEUSBJOJOHNPEVMFTGPSFNQMPZFFTSFMBUFEUPSFGVTJOHTFSWJDFUPBQBUSPO"QQMJDBOUXJMMIBWFNBOBHFSPOEVUZUP BEESFTTJTTVFTXJUIQBUSPOT.BOBHFSXJMMDPNNVOJDBUFFGGFDUJWFMZXJUIQBUSPOUPFYQMBJODPODFSOTPGFTUBCMJTINFOU1BUSPOTXJMMCFPGGFSFEXBUFSGPPE BOE NBOBHFSXJMMNBLFFGGPSUTUPBSSBOHFGPSBSJEFIPNFGPSUIFQBUSPO.BOBHFSJTBVUIPSJ[FEUPFTDBMBUFJODJEFOUUPQPMJDFEFQBSUNFOUJGOFDFTTTBSZ "QQMJDBOUIBTTUBOEBSEPQFSBUJOHQSPDFEVSFTBOEUSBJOJOHNPEVMFTSFMBUFEUPFNFSHFODZSFTQPOTFTDFOBSJPT DVTUPNFSFYQFSJFODFNBOBHFNFOU BMDPIPMTFSWJDF  VOEFSBHFTBMFBOEDPOTVNQUJPOQSFWFOUJPO DPNNVOJUZFOHBHFNFOU OFJHICPSIPPEDPODFSOT DPNQMBJOUSFTPMVUJPO TFYVBMIBSBTTNFOU XPSLQMBDF EJTDSJNJOBUJPO BOETJUFBOEFNQMPZFFTBGFUZ 4FFBUUBDIFE4UBOEBSE0QFSBUJOH1SPDFEVSFTSFMBUFEUPFNFSHFODZSFTQPOTFSFMBUFEUPGJSF XFBUIFS OBUVSBMHBT  SPCCFSZPSDSJNJOBMBDUJWJUZ BDUJWFTIPPUFSTJUVBUJPOT BOEPUIFSFNFSHFODZTJUVBUJPOT &WFSZEBZ Jennifer Johnson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ucky's Cafe Menu | Lucky's Market https://www.luckysmarket.com/cafe-menu 1/3 10/23/21, 1:40 PM Lucky's Cafe Menu | Lucky's Market https://www.luckysmarket.com/cafe-menu 2/3 November 2021 Front End Standard Operating Procedures Alcohol Service Policy PURPOSE: To ensure Team Members are practicing responsible alcohol service. PROCEDURES: Lucky’s Bakehouse Café is committed to the responsible service of alcoholic beverages. In accordance with this commitment, all Team Members are required to follow the procedures listed below: 1. No Team Member will serve an alcoholic beverage to anyone under the age of 21. 2. All Team Members will carefully check Identification of anyone who appears to be under 50 years of age. 3. How to Check IDs: a. Accepted forms of ID include state-issued ID, Military ID, and passports. b. Check for state seals and holograms. c. College ID’s are NOT acceptable forms of ID. d. Check for any modifications or alterations. e. Be aware of any type fonts that do not match. f. Watch for anything that looks as though it were transferred onto the card. g. Check the picture and the feature descriptions to make sure they correspond with the person using it. h. Make sure there are a valid picture, signature and birth date. i. ID must be removed from wallet. 4. No Team Member will serve an alcoholic beverage to anyone who is intoxicated. 5. All persons in the party who appear under the age of 40 must be carded. 6. Any questions or concerns notify management. Team Member Signature: __________________________________ Date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uly 2018 Safety Standard Operating Procedures Robbery or Criminal Activity Purpose: To keep our Team Members and customers safe during criminal or potential criminal activity. Procedure: As soon as you feel suspicious about someone in the store, be sure to tell store leadership immediately. Team Members should contact proper law enforcement authorities if they believe there is a serious threat to the safety and health of themselves or others. In the rare case of armed robbery, never try to be a “hero” or to stop the crime from being committed. Your safety and the safety of others is much more important to us than the fate of the criminal or our property. In the event of a robbery: x Stay calm and give the suspect(s) what they want. x Fully cooperate with any suspect(s) during the robbery, Do Not Argue or Resist! x Never attempt to stop or detain any suspect(s) involved with the robbery. x Do not chase the suspect(s) or attempt to follow them out of the store. As soon as the suspects leave: x Immediately call 911 and let them know if there are any injuries. x If it is after hours, lock the doors. x Contact the Asset Protection Department. x Write down what you remember, descriptions of the suspect(s). IE clothing, race, hair, tattoos, height, weight. etc. that may help Law Enforcement identify the suspect. x Ask all witnesses to write down everything they can remember and ask them to stay until law enforcement arrives. If a customer does not want to stay, ask them to write down their name and contact number. x Never give information to the media, simply refer them to the officer handling the investigation and Krista Torvik at Kristat@luckysmarket.com x Never release CCTV to anyone without consent from Asset Protection. x Loss amounts should only be released to Law Enforcement after the registers and cash office have been balanced. Remember: There is no amount of cash or merchandise worth risking harm to our Team Members or Customers. Give the suspects what they want and let them leave. 1 DR 8404 (01/22/20) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Liquor Retail License Application New License New-Concurrent Transfer of Ownership State Property Only Master ¿le • 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/enforcement/liquor 1.Applicant is applying as a/an Individual Limited Liability Company Association or Other 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 2a. Trade Name of Establishment (DBA)State Sales Tax Number Business Telephone 3.Address of Premises (specify exact location of premises, include suite/unit numbers) City County State ZIP Code 4.Mailing Address (Number and Street)City or Town State ZIP Code 5.Email Address 6.If the premises currently has a liquor or beer license, you must answer the following questions Present Trade Name of Establishment (DBA)Present State License Number Present Class of License Present Expiration Date Section A Nonrefundable Application Fees* Section B (Cont.)Liquor License Fees* Application Fee for New License ............................................$1,550.00 Application Fee for New License w/Concurrent Review ............$1,650.00 Application Fee for Transfer ...................................................$1,550.00 Liquor–Licensed Drugstore (County) ..................................................$312.50 Lodging & Entertainment - L&E (City) .................................................$500.00 Lodging & Entertainment - L&E (County) ...........................................$500.00 Manager Registration - H & R ................................................................$75.00 Manager Registration - Tavern ...............................................................$75.00 Manager Registration - Lodging & Entertainment ................................$75.00 Manager Registration - Campus Liquor Complex ...............................$75.00 Optional Premises License (City) .........................................................$500.00 Optional Premises License (County) ...................................................$500.00 Racetrack License (City) .......................................................................$500.00 Racetrack License (County) .................................................................$500.00 Resort Complex License (City).............................................................$500.00 Resort Complex License (County) .......................................................$500.00 Related Facility - Campus Liquor Complex (City) ..............................$160.00 Related Facility - Campus Liquor Complex (County) ........................$160.00 Related Facility - Campus Liquor Complex (State) ............................$160.00 Retail Gaming Tavern License (City) ...................................................$500.00 Retail Gaming Tavern License (County) ..............................................$500.00 Retail Liquor Store License--Additional (City) ......................................$227.50 Retail Liquor Store License--Additional (County) ................................$312.50 Retail Liquor Store (City) .......................................................................$227.50 Retail Liquor Store (County) .................................................................$312.50 Tavern License (City) ..........................................................................$500.00 Tavern License (County) ....................................................................$500.00 Vintners Restaurant License (City) ......................................................$750.00 Vintners Restaurant License (County) .................................................$750.00 Section B Liquor License Fees* Add Optional Premises to H & R .........$100.00 X ________ Total ________ Add Related Facility to Resort Complex $75.00 X ________ Total ________ Add Sidewalk Service Area.................................................................... $75.00 Arts License (City) ................................................................................$308.75 Arts License (County) ..........................................................................$308.75 Beer and Wine License (City) ..............................................................$351.25 Beer and Wine License (County) ........................................................$436.25 Brew Pub License (City) .................................................................... $750.00 Brew Pub License (County) .................................................................$750.00 Campus Liquor Complex (City) ...........................................................$500.00 Campus Liquor Complex (County) .....................................................$500.00 Campus Liquor Complex (State) .........................................................$500.00 Club License (City) ...............................................................................$308.75 Club License (County) ........................................................................$308.75 Distillery Pub License (City) .................................................................$750.00 Distillery Pub License (County) ...........................................................$750.00 Hotel and Restaurant License (City) ...................................................$500.00 Hotel and Restaurant License (County) ............................................$500.00 Hotel and Restaurant License w/one opt premises (City) .................$600.00 Hotel and Restaurant License w/one opt premises (County) ............$600.00 Liquor–Licensed Drugstore (City) .......................................................$227.50 * Note that the Division will not accept cash Questions? Visit: www.colorado.gov/enforcement/liquor for more information Do not write in this space - For Department of Revenue use only Liability Information License Account Number Liability Date License Issued Through (Expiration Date)Total $ ; ; LM Boulder CO LLC Lucky's Bakehouse Cafe (970) 443-5538 3980 Broadway Street, #106 Boulder 80304 3970 Broadway Street, # 105 Boulder 80304 jen@luckysmarket.com 2 DR 8404 (01/22/20)Application Documents Checklist and Worksheet Instructions: This checklist should be utili]ed to assist applicants with ¿ling all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. 8pon ¿nal State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: www.colorado.gov/enforcement/liquor for more information Items submitted, please check all appropriate boxes completed or documents submitted I. Applicant information A. Applicant/Licensee identi¿ed B. State sales tax license number listed or applied for at time of application C. License type or other transaction identi¿ed D. Return originals to local authority (additional items may be required by the local licensing authority) E. All sections of the application need to be completed F. Master ¿le applicants must include the Application for Master File form DR 8415 and applicable fees to this Retail License Application II. Diagram of the premises A. No larger than 8 1/2" X 11" B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) C. Separate diagram for each Àoor (if multiple levels) D. .itchen - identi¿ed if Hotel and Restaurant E. Bold/Outlined Licensed Premises III. Proof of property possession (One Year Needed) A. Deed in name of the applicant (or) (matching question 2) date stamped / ¿led with County Clerk B. Lease in the name of the applicant (or) (matching question #2) C. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant D. Other agreement if not deed or lease. (matching question #2) IV. Background information (DR 44-I) and ¿nancial documents A. Complete DR 8404-I for each principal (individuals with more than 10 ownership, of¿cers, directors, partners, members) B. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor. Do not complete ¿ngerprint cards prior to submitting your application. The Vendors are as follows: IdentoGO – https://uenroll.identogo.com/ Phone: 844-539-5539 (toll-free) IdentoGO FAQs: https://www.colorado.gov/pacific/cbi/identification-faqs Colorado Fingerprinting – KWWSZZZFRORUDGR¿QJHUSULQWLQJFRP Appointment Scheduling Website: KWWSZZZFRORUDGR¿QJHUSULQWLQJFRPFDEV Phone: 720-292-2722 Toll Free: 833-224-2227 C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license D. List of all notes and loans (Copies to also be attached) V. Sole proprietor/husband and wife partnership (if applicable) A. Form DR 4679 B. Copy of State issued Driver ¶s License or Colorado Identi¿cation Card for each applicant VI. Corporate applicant information (if applicable) A. Certi¿cate of Incorporation B. Certi¿cate of Good Standing C. Certi¿cate of Authorization if foreign corporation (out of state applicants only) VII. Partnership applicant information (if applicable) A. Partnership Agreement (general or limited). B. Certi¿cate of Good Standing VIII. Limited Liability Company applicant information (if applicable) A. Copy of articles of organization B. Certi¿cate of Good Standing C. Copy of Operating Agreement (if applicable) D. Certi¿cate of Authority if foreign LLC (out of state applicants only) IX. Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor Complex licenses when included with this application A. $75.00 fee B. Individual History Record (DR 8404-I) C. If owner is managing, no fee required 3 DR 8404 (01/22/20) Name Type of License Account Number 7.Is the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or of¿cers, stockholders or directors if a corporation) or managers under the age of twenty-one years? Yes No 8.Has the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or of¿cers, stockholders or directors if a corporation) or managers ever (in Colorado or any other state): a.Been denied an alcohol beverage license? b.Had an alcohol beverage license suspended or revoked? c.Had interest in another entity that had an alcohol beverage license suspended or revoked? 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 preceding two years? If "yes", explain in detail. ______________________________________________________________________ 10.Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? Waiver by local ordinance? Other: ________________ or 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 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 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 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. 13 a. For additional Retail Liquor Store only. Was your Retail Liquor Store License issued on or before January 1, 2016? 13 b. Are you a Colorado resident? 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 of¿cers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current ¿nancial 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 possession of the premises by ownership, lease or other arrangement? Ownership Lease Other (Explain in Detail) _______________________________________________________________________ a.If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease: Landlord Tenant Expires b.Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question 16. 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 1/2" X 11". 16.Who, besides the owners listed in this application (including persons, ¿rms, 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 Name First Name Date of Birth FEIN or SSN Interest/Percentage Last Name First Name Date of Birth FEIN or SSN Interest/Percentage Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the pro¿t or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, pro¿t, sales, giving of advice or consultation. 17.Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has a local ordinance or resolution authorizing optional premises been adopted? Number of additional Optional Premise areas requested. (See license fee chart) 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, permit, easement, or other legal permissions. 19.Liquor Licensed Drugstore (LLDS) applicants, answer the following: a.Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located within the applicant's LLDS premise? If "yes" a copy of license must be attached. ; ; ; ; ; ; 1$ 1$ 1$ ; ; ; 1$ 1$ 1$ ; ; LM Boulder CO, LLC Hotel and Restaurant (City) Lease + Sublease LM Acquisition CO, LLC LM Boulder CO, LLC 3/31/2031 4 DR 8404 (01/22/20) Name Type of License Account Number 20.Club Liquor License applicants answer the following: Attach a copy of applicable documentation Yes No 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 regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary 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 applicants 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? 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-I and ¿ngerprint 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 - DR 8000 and ¿ngerprints. Last Name of Manager First Name of Manager 24.Does this manager act as the manager of, or have a ¿nancial interest in, any other liquor licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. Yes No 25.Related Facility - Campus Liquor Complex applicants answer the following: 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- Campus Liquor Complex Last Name of Manager First Name of Manager 26.Tax Information. a.Has the applicant, including its manager, partners, of¿cer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10 or greater ¿nancial interest in the applicant, been found in ¿nal 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, of¿cer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10 or greater ¿nancial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503, C.R.S.? Yes No 27.If applicant is a corporation, partnership, association or limited liability company, applicant must list all Of¿cers, 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-I (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 Name Home Address, City & State DOB Position %Owned 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 of¿cer 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: Applicant af¿rms that no individual other than these disclosed herein owns 10% or more of the applicant and does not have ¿nancial interest in a prohibited liquor license pursuant to Article 3 or 5, C.R.S. 1$ 1$ 1$ ; ; ; ; %RXOGHU&2 %RXOGHU&21$3DUHQW&RPSDQ\ RZQHURISDUHQWFRPSDQ\ LM Boulder CO, LLC Hotel and Restaurant (city) Johnson Jennifer Jason Bohanan Sharon 100% LM Acquisition CO LLC                 *04.1-'.1$&,&-3*5*2*.-    %!,!+# !)*&(-&( .#&$.,/+&3&%#73)&'.++.6*-(/&12.-2"2"//+*$"#+&2.+&/1./1*&3.12(&-&1"+/"13-&121&("1%+&22.'/&1$&-3"(&.6-&12)*/"-% limited partners owning 10% or more of the partnership; all principal of¿cers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or of¿cers of a limited liability company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our Full Name (last, ¿rst, middle)  *23"-7.3)&1-",&27.4)"5&42&%  "*+*-("%%1&22*'%*''&1&-3'1.,1&2*%&-$&,"*+%%1&22  *23$411&-31&2*%&-$&"%%1&22-$+4%&"-7/1&5*.42"%%1&22&26*3)*-3)&+"23¿ve7&"1233"$)2&/"1"3&2)&&3*'-&$&22"17 *(*%+$( !*-**!' (&$ & 411&-3 1&5*.42  *23"++&,/+.7,&-36*3)*-3)&+"23¿ve7&"12-$+4%&"-72&+'&,/+.7,&-333"$)2&/"1"3&2)&&3*'-&$&22"17 $& $'#&-(&(+)!%)) ())*(*+$(!*-**!' &)!*!&% # (&$ & 7. List the name(s) of relatives working in or holding a ¿nancial interest in the Colorado alcohol beverage industry. $&#*!, #*!&%) !'*&&+ &)!*!&% # $&!%)  "5&7.4&5&1"//+*&%'.1)&+%.1)"%"-*-3&1&23*-".+.1"%.*04.1.1&&1*$&-2&.1+."-&%,.-&7 furniture, ¿xtures, equipment or inventory to any licensee? (If yes, answer in detail.)!&2.  "5&7.4&5&11&$&*5&%"5*.+"3*.--.3*$&242/&-2*.-.11&5.$"3*.-'.1"+*04.1+"65*.+"3*.-.1)"5&7.4 applied for or been denied a liquor or beer license anywhere in the 8nited States? (If yes, explain in detail.)!&2. /0%RXOGHU&2//&303-335-6908 Sharon, Jason BohanDn Boulder, CO 80301 bo@luckysmarket.com Boulder CO 80301 Lucky's Market CEO/Founder N/A N/A N/A N/A Ž^ŚĂƌŽŶŝƐĨŽƵŶĚĞƌŽĨ>ƵĐŬLJ͛ƐDĂƌŬĞƚǁŚŝĐŚŚĂƐŚĞůĚĂůĐŽŚŽůĂŶĚůŝƋƵŽƌďĞǀĞƌĂŐĞůŝĐĞŶƐĞƐŝŶŽůŽƌĂĚŽ;ϬϰͲϬϬϱϲϯ͕ϬϰͲϬϬϳϵϱͿĂŶĚ ŽƚŚĞƌƐƚĂƚĞƐƵŶĚĞƌ>ƵĐŬLJ͛ƐDĂƌŬĞƚKƉĞƌĂƚŝŶŐŽŵƉĂŶLJ͕>>͘ƐƚŚĞĐŽŵƉĂŶLJĞdžƉĂŶĚĞĚŝŶƚŽŽƚŚĞƌƐƚĂƚĞƐ͕Dƌ͘^ŚĂƌŽŶǁĂƐŝŶĐůƵĚĞĚŽŶƚŚĞ ůŝĐĞŶƐĞƐĂƚǀĂƌŝŽƵƐƐƚŽƌĞƐŝŶǀĂƌŝŽƵƐƐƚĂƚĞƐ͘>ƵĐŬLJ͛ƐDĂƌŬĞƚKƉĞƌĂƚŝŶŐŽŵƉĂŶLJ>>ĐŽŵƉůĞƚĞĚĂďĂŶŬƌƵƉƚĐLJŝŶϮϬϮϬƉƵƌƐƵĂŶƚƚŽǁŚŝĐŚDƌ͘ ^ŚĂƌŽŶǁĂƐƌĞŵŽǀĞĚŽŶĂůůůŝĐĞŶƐĞƐŚĞůĚďLJƚŚĞĐŽŵƉĂŶLJ͘/ŶϮϬϮϬ͕Dƌ͘^ŚĂƌŽŶďĞĐĂŵĞƚŚĞƚŚĞƐŽůĞƌĞŐŝƐƚĞƌĞĚŽǁŶĞƌŽŶĂĂ&ĞƌŵĞŶƚĞĚDĂůƚ ĞǀĞƌĂŐĞ>ŝĐĞŶƐĞŚĞůĚďLJ>D&ŽƌƚŽůůŝŶƐK͕>>;ĂƐƵƉĞƌŵĂƌŬĞƚŝŶ&ŽƌƚŽůůŝŶƐͿ͕ǁŚŝĐŚŝƐƚŚĞŽŶůLJůŝĐĞŶƐĞŚĞŝƐŶŽǁĂƐƐŽĐŝĂƚĞĚǁŝƚŚ͘ 0RQDUFK3DUN3ODFH/RQJPRQW&2SUHVHQW SUHVHQW Ž^ŚĂƌŽŶŝƐĨŽƵŶĚĞƌŽĨ>ƵĐŬLJ͛ƐDĂƌŬĞƚǁŚŝĐŚŚĂƐŚĞůĚĂůĐŽŚŽůĂŶĚůŝƋƵŽƌďĞǀĞƌĂŐĞůŝĐĞŶƐĞƐŝŶŽůŽƌĂĚŽ;ϬϰͲϬϬϱϲϯ͕ϬϰͲϬϬϳϵϱͿĂŶĚŽƚŚĞƌ ƐƚĂƚĞƐƵŶĚĞƌ>ƵĐŬLJ͛ƐDĂƌŬĞƚKƉĞƌĂƚŝŶŐŽŵƉĂŶLJ͕>>͘ƐƚŚĞĐŽŵƉĂŶLJĞdžƉĂŶĚĞĚŝŶƚŽŽƚŚĞƌƐƚĂƚĞƐ͕Dƌ͘^ŚĂƌŽŶǁĂƐŝŶĐůƵĚĞĚŽŶƚŚĞůŝĐĞŶƐĞƐĂƚ ǀĂƌŝŽƵƐƐƚŽƌĞƐŝŶǀĂƌŝŽƵƐƐƚĂƚĞƐ͘/ƚŝƐĂƉƉůŝĐĂŶƚ͛ƐƵŶĚĞƌƐƚĂŶĚŝŶŐƚŚĂƚĂ>ƵĐŬLJ͛ƐƐƚŽƌĞŝŶŶŶƌďŽƌDŝĐŚŝŐĂŶ;>ƵĐŬLJ͛Ɛ&ĂƌŵĞƌƐDĂƌŬĞƚŽĨŶŶƌďŽƌ͕ >>ĚďĂ>ƵĐŬLJ͛ƐDĂƌŬĞƚͿŝŶĐƵƌƌĞĚĂǀŝŽůĂƚŝŽŶĨŽƌƐĞƌǀŝŶŐƚŽĂŶƵŶĚĞƌͲϮϭĐƵƐƚŽŵĞƌŽŶ:ƵŶĞϳ͕ϮϬϭϵ͘dŚĞǀŝŽůĂƚŝŽŶǁĂƐƌĞƐŽůǀĞĚĂŶĚĂĨŝŶĞŽĨΨϱϬϬ ǁĂƐƉĂŝĚŽŶDĂƌĐŚϮ͕ϮϬϮϬ͘/ƚŝƐƵŶĐůĞĂƌǁŚĞƚŚĞƌDƌ͘^ŚĂƌŽŶǁĂƐĂĐƚƵĂůůLJŝĚĞŶƚŝĨŝĞĚŽŶƚŚĞůŝĐĞŶƐĞĂƐĂŶŽǁŶĞƌĨŽƌ>ƵĐŬLJ͛Ɛ&ĂƌŵĞƌƐDĂƌŬĞƚŽĨŶŶ ƌďŽƌ͕>>͕ďƵƚƚŚĞĂƉƉůŝĐĂŶƚǁĂŶƚĞĚƚŽĚŝƐĐůŽƐĞƚŚŝƐŝŶĐŝĚĞŶƚŶŽŶĞƚŚĞůĞƐƐ͘Dƌ͘^ŚĂƌŽŶŝƐŶŽůŽŶŐĞƌĂƐƐŽĐŝĂƚĞĚǁŝƚŚ>ƵĐŬLJΖƐ&ĂƌŵĞƌƐDĂƌŬĞƚŽĨŶŶ ƌďŽƌ͕>>͘ ; %R6KDURQ  $9(;28(9(5%((1&219,&7('2)$&5,0(255(&(,9('$6863(1'('6(17(1&('()(55('6(17(1&(25)25)(,7(' bail for any offense in criminal or military court or do you have any charges pending? 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Indoor dining and outdoor patio dining with alcohol consumption in both areas. LAND USES The proposed use of LM Boulder CO LLC (d/b/a Lucky's Market) located at 3980 Broadway has been identified under Section 9-6-1, B.R.C. 1981 to meet the following: Zoning District: Residential-Low 2 (RL-2) Proposed Use: Restaurants, brewpubs, and taverns outside the University Hill general improvement district - no larger than 1,500 square feet in floor area, which may have meal service on an outside patio not more WKDQѿWKHIORRUDUHDDQGZKLFKFORVHQRODWHUWKDQ 11 p.m. Discretionary Review(s): ADR2013-00044; P-80-56 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 LM Boulder CO LLC (d/b/a Lucky's Market) at 3980 Broadway with the following operational characteristics: Indoor Premise: 775 Outdoor Patio: 195 Indoor Seating Capacity: 67 Outdoor Seating:  Hours of Operation: 7am – 2pm Mon-Sun Hours of Operation for Outdoor Patio: Same as above The applicant shall be responsible for ensuring that the development is compliant with the final approved plans dated October 21, 2021 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: 1. The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9 2 15(h), B.R.C. 1981. 2. Interior 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. 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. By: ________________________________________________ Shabnam Bista, Planning Department _____________ Bista Planning -JDFOTFE1SFNJTFT "MDPIPM4FSWJDF"SFB   Neighborhood Needs & Desires Petition Summary Sheet Applicant: LM Boulder, LLC Trade Name: Lucky's Bakehouse Cafe Business Location: 3980 Broadway. Suite 107-108. Boulder, CO 80304 Date(s) of Petitioning: 2/3/22-2/5/22 Defined Neighborhood: NORTH – Yarmouth Avenue SOUTH – Linden Avenue EAST – 26th Street WEST – City Limits Total Contacts: 366 Not at Home: 214 Not Qualified: Refuse to Sign: 1 20 Needs & Desires Already Met: 0 Religious Objection: 0 Remained Neutral: Alcohol Usage Objections: No Reason Given: 0 0 0 TOTAL # IN FAVOR: 125 TOTAL # OPPOSED: 0 PRE-FILE DUE DATE FOR PETITIONS: MONDAY FEBRUARY 7, 2022 Applicant Exhibit A Page 1 of 33 Page 2 of 33 Page 3 of 33 Page 4 of 33 Page 5 of 33 Page 6 of 33 Resident Petition Form Applicant: LM Boulder, LLC Trade Name: Lucky's Bakehouse Cafe Application Typ e: New Hotel-Restaurant Type Liquor License Business Location [See Map]: 3980 Broadway. Suite 107-108. Boulder, CO 80304 Previous Business: Full Service Restaurant Date & Time of Hearing: Wednesday February 16, 2022 at 3PM Location of Hearing: Virtual Hearing I, the undersigned, am aware that a liquor license application has been filed with the City of Boulder. I certify that I am at least 21 years of age and am a resident in the defined neighborhood. I have indicated below, with my signature, my opinion about approval/ denial of the above referenced application. PERSON NAME Please PRINT ADDRESSL I { *FAVOR **OPPOSE REASON WHY YOU FAVOR OR OPPOSE THIS APPLICATION �ud \\ I I \_ ! ( ) .• V) v) ,< \, \ .. _ ( SIGNATURE (Please SIGN, do not AGE l ODAY'S ATE PETITION ISSUE: This petition/opinion poll is being conducted to determine the reasonable requirements, needs and desires of the adult inhabitants of the de.ined 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 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 TYPE LIQUOR LICENSE application, please sign and check the [**] OPPOSE column, and please then indicate the reason rou o ose this license a lication. If you think that you have been unduly influenced by the petition circulator or have questions or comments concerning the proposed application or survey method, please call: JvIISHAWN J. COOK, CITY OF BOULDER LICENSING 1v1ANAGER AT PHONE: 303-441-3010 OR E1v1AIL: cookm@bouldercolorado.govDATE OF PETITIONING: _L_/_��/._._6_l,�---------TIME OF PETITIONING:Page 7 of 33 Page 8 of 33 Page 9 of 33 Page 10 of 33 Page 11 of 33 Page 12 of 33 Page 13 of 33 Page 14 of 33 Page 15 of 33 Page 16 of 33 LM Boulder, LLC d/b/a Lucky’s Bakehouse Café 3980 Broadway Street, #107-108, Boulder, CO 80304 Hotel and Restaurant Liquor License Applicant Exhibit B Page 17 of 33 PETITION SURVEYS Liquor Licensing Marijuana Licensing February 6, 2022 Liquor Licensing Authority Boulder, Colorado Re: Petition/Opinion Poll to Determine Needs and Desires of the Defined Neighborhood in the Application of: LM Boulder, LLC d/b/a Lucky’s Bakehouse Café 3980 Broadway Street, #107-108, Boulder, CO 80304 Hotel and Restaurant Liquor License PETITION/OPINION POLL PROCEDURE 1. Under the direction and control of Oedipus Petitioning LLC management, the Oedipus Petitioning LLC contractors were briefed on the application. 2. The contractors carried a clipboard with the following: A. Maps and cover pages of the area denoting the proposed location of the license and the boundaries of the defined neighborhood; B. Petition signature pages allowing individuals contacted to indicate their opinion; and C. A statistics sheet to record the opinion of those not signing and not-at-homes. 3. Business and residential petitioning was conducted on February 3, 4, and 5, 2022 within the designated area prescribed by the Liquor Licensing Authority of Boulder (see maps). The circulation packets have cover maps, and the areas in which each petition circulation/polling took place are outlined in highlighter. Included in this Report is a master circulation map outlining all areas where circulation/polling was conducted. 4. Individuals who were available in areas not posted as “No Soliciting, Private Property/No Trespassing” were contacted on a random sampling basis, were screened to identify them as parties in interest, and were asked their opinion after they had been informed of the applicant, site location, and type of license being applied for. Their opinion was either recorded on the petition format or on the statistics sheet. Page 18 of 33 Liquor Licensing Authority Page 3 Re: Lucky’s Bakehouse Café — Hotel and Restaurant Liquor License February 6, 2022 5.Two (2) petition packets (one packet representing businesses and one packet representing residences) were pre-filed electronically with this Report on February 6, 2022 to licensingonline@bouldercolorado.gov to comply with the pre-filing deadline. PETITION/OPINION POLL RESULTS 1.Total Doorknocks: Not-at-Homes and/or Business Owners/Managers Not Available 214 Not Qualified to Sign 1 Neutral to Outcome 0 Preferred to Not Participate 20 Parties in Interest that Participated 125 Deleted Signatures 6 Total Base Figure 366 2.Qualified Contacts: A. Signatures Signatures Favoring Issuance 125 Businesses 21 Residences 104 Signatures Opposing Issuance 0 Businesses 0 Residences 0 Total Contacts 125 B. Breakdown of Reasons of Signatures in Opposition: Not Needed or Desired 0 Abhorrence of Alcohol 0 Religious Objections 0 Usage Objections 0 Miscellaneous Reasons 0 No Reason Given 0 Total Signatures 0 C. Breakdown of Signatures Favoring and Opposing: Favoring Issuance (Based on Needs/Desires) 125 = 100.00% Opposing Issuance (Based on Needs/Desires) 0 = 0.00% Abhorrence of Alcohol 0 = 0.00% Page 19 of 33 Liquor Licensing Authority Page 4 Re: Lucky’s Bakehouse Café — Hotel and Restaurant Liquor License February 6, 2022 Religious Objections 0 = 0.00% Usage Objections 0 = 0.00% Other Miscellaneous Reasons 0 = 0.00% No Reason Given 0 = 0.00% Total Base Figure 125 = 100.00% 3.Needs and Desires Signatures: Signatures Favoring Issuance (Based on Needs/Desires) 125 = 100.00% Signatures Opposing Issuance (Based on Needs/Desires) 0 = 0.00% Total Base Figure 125 = 100.00% The petition packets are presented as follows: Cover maps, petitions, and affidavit. #1 & #2 / Tim Rens / Businesses & Residences Page 20 of 33 Liquor Licensing Authority Page 5 Re: Lucky’s Bakehouse Café — Hotel and Restaurant Liquor License February 6, 2022 CATEGORIES OF SIGNATURES IN OPPOSITION NN NEEDS & DESIRES CRITERIA: Individuals opposed to the license application based on needs and desires criteria per the Colorado Liquor/Beer Codes (currently existing licensed establishments of a same or similar type of license now located within the defined neighborhood are meeting the reasonable requirements of the adult inhabitants of the defined neighborhood at this time). N/A NON-USAGE OF ALCOHOL / ABHORRENCE OF ALCOHOL: Individuals opposed to the license application because they do not drink alcohol beverages, do not approve of alcohol consumption, and/or abhor alcohol. RO RELIGIOUS OBJECTIONS: Individuals opposed to the license application based on religious beliefs/reasons. OBJ USAGE OBJECTIONS: Individuals opposed to the license application because of their fear or concern for the potential of parking problems, traffic problems, crime, noise, littering, undesir able people drawn to the area, loss of property value; or individuals who opposed this type of business or applicant, any type of commercial usage in the neighborhood, any new growth in the neighborhood; or, individuals who think this type of business (if issued a liquor/beer license) should not be located near a residential neighborhood, church, or school, etc.; or, individuals who opposed because they are against any alcohol service at this type of facility, location, or atmosphere; or, individuals who favor the service of beer and wine but oppose the service of distilled spirits (on H&R applications). MS MISCELLANEOUS OBJECTIONS: Individuals opposed to the license application for other miscellaneous reasons to include: fear or concern for the possibility of drunk drivers in the area, fear or concern of resulting behavioral problems, individuals who would purchase alcohol beverages then drink and drive, sales to minors/underaged drinking, the location becoming a teen hang -out and the problems that can arise from this, and the effect it could have on family values or their family in general because they have young children or teens; or, individuals who opposed because competition is not desired or how said business may affect the livelihood of existing businesses; or, individuals who compared the “needs and desires” criteria to existing licensed outlets other than the type of license applied for. NR NO REASON GIVEN: Individuals who preferred to not state a reason for opposing. Page 21 of 33 - BUSINESSES - RESIDENCES Page 22 of 33 Neighborhood Needs & Desires Petition Summary Sheet Applicant: LM Boulder, LLC Trade Name: Lucky's Bakehouse Cafe Business Location: 3980 Broadway. Suite 107-108. Boulder, CO 80304 Date(s) of Petitioning: 2/3/22-2/5/22 Defined Neighborhood: NORTH – Yarmouth Avenue SOUTH – Linden Avenue EAST – 26th Street WEST – City Limits Total Contacts: 366 Not at Home: 214 Not Qualified: Refuse to Sign: 1 20 Needs & Desires Already Met: 0 Religious Objection: 0 Remained Neutral: Alcohol Usage Objections: No Reason Given: 0 0 0 TOTAL # IN FAVOR: 125 TOTAL # OPPOSED: 0 PRE-FILE DUE DATE FOR PETITIONS: MONDAY FEBRUARY 7, 2022 Applicant Exhibit C Page 23 of 33 Page 24 of 33 Page 25 of 33 Page 26 of 33 Page 27 of 33 Page 28 of 33 Page 29 of 33 Page 30 of 33 To whom it may concern, I would like to take this opportunity to state that I, Jason “Bo” Sharon, am the owner of Lucky’s Market, Lucky’s Bakehouse and Lucky’s Bakehouse Café, and Lolita’s Market and Deli located in Boulder, Colorado. After founding Lucky’s Market over 20 years ago, I have held various liquor licenses in Boulder County ranging from a full service liquor stores, on-premises consumption, and also carry-out licenses. As a local resident, my family and I call Boulder home to our businesses and where our children attend school. We strive to be a considerate and supportive force in our community and have donated our time and charitable contributions to numerous non-profits, schools, events, businesses, and single families throughout the decades of operating and owning our businesses in Boulder. We realize the importance and significance of holding a liquor license in Boulder and do not take the responsibility lightly. As mentioned, we have operated in the same location for over twenty years and have heard firsthand from our neighborhood guests that they would enjoy an adult beverage with their food while at the Café. Therefore, we trust and hope we will be able to bring this addition to our North Boulder community. Sincerely, Jason B Sharon Applicant Exhibit D Page 31 of 33 Applicant Exhibit E Page 32 of 33 To Whom It May Concern, As the landlord of the 3980 Broadway Street property in Boulder, I, John Conis, am in support of Lucky’s Bakehouse Café obtaining a liquor license. I believe they run a very respected business in the community and the addition of a liquor license will be welcomed by their customers. Sincerely, John Conis Applicant Exhibit F Page 33 of 33 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 via email to licensingonline@bouldercolorado.gov by 12:00pm on Monday, February 7, 2022. P.O. Box 791 | 1136 Alpine Ave, Boulder CO 80304 | licensingonline@bouldercolorado.gov | O: 303-441-4192 Applicant Lo catio n10th StIris Walk CtQuince Ave5th StFolsom StHawthorn Ave Spotswood Pl15th StBroadwayVine Pl Dakota Blvd Kalmia Ave 1 8 t h S t Upland Ave2nd St14th St26th St19th StZamia Ave Vineyard Pl 15th StGrape Ave Avoca d o R d13th StForest Ave Broadway14th StCactus Ct4th St5th StPoplar Ave Vi s t a D r 11th StNorwood Ave 21st StUtica Ave Kalmia Ave3rd StAgate Rd Laramie Blvd Grape A v e Kirkwood Pl4th St7th StNorwood Ave Tansy Pl 10th StKincaid PlGarnet LnIris Ave8th StApricot P l 15th St17th StOrchard Ave 9th StHawthorn Ave Upland Ave 28t h S tDakota BlvdCloverleaf DrJonathan Pl 9th St26th St16th St15th StLloyd CirWil d P l um C t Catalpa WayMo f f i t C t Yarmouth Ave Locust Pl Violet Ave Forest AveRiverside DrLee Hill Dr Aspen CtConifer CtLinden D r S p r i n g V a l l e y D r 16th StCh o l l a C t Orange Ct16th St14th St13th StJuniper AveOrange LnRedwood Ave Iris CtPoplar Ave Keller Farm DrNeher Ln13th StPremier Pl Cherry Ave Amber StMoss Rock Pl6th St25th StYellow Pine Ave Poplar Ave Tamarack Ave Quail Cir Rose w o o d A v e Oak AveOakleaf CirVine Ave Utica CirKalmia Ave Grape Ave Sumac Ave Quince Cir Meadow Ave Union AveLocust Ave Glenwood Dr Topaz Dr Linden Ave Boulder View LnHermosa Dr Sumac Ave Meadow AveLinden Ave 21st StS Cedar Brook RdEmerald Rd Juniper Ave Cinna m o n C i r Iris AvePine Need le Rd Neighbo rho o d Map fo r a New Ho tel-Restaurant type Liquo r LicenseLucky's Bakeho use Cafe • 3980 Bro adw ay 1 inch = 1,500 feet 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: LM Bo ulder, LLC Trade Name: Lucky's Bakeho use Cafe Location: 3980 Bro adw ay, Suite 107-108 License Type: New Ho tel-Restaurant City ofBoulder PERMIT_NUM LicenseNum Licensee TradeName Address LicenseClass LIQ2018-80241 03-10680 Fortunato, LLC Bacco Trattoria & Mozzarella Bar 1200 Yarmouth Avenue, Unit A, Boulder, CO 80304 Hotel-Restaurant LIQ2017-00048 03-01547 Dionysus LLC NORTH END AT 458O, THE 4580 Broadway, Unit D-1, Boulder, CO 80304-4437 Hotel-Restaurant LIQ2017-00017 10-75698-0000 China Gourmet, Inc CHINA GOURMET 3970 N Broadway, Unit 102, Boulder, CO 80304-1163 Hotel-Restaurant LIQ2017-00046 28-37036-0000 Ananda Inc DA GABI CUCINA 3970 N Broadway, Unit 101, Boulder, CO 80304-1135 Hotel-Restaurant LIQ2018-80286 03-10653 Little Tibet Restaurant LLC Little Tibet Restaurant 4479 N Broadway, Boulder CO 80302 Hotel-Restaurant Liquor License Application Summary Page for Door to Door Neighborhood Petitioning Applicant: LM Boulder, LLC Trade Name: Lucky's Bakehouse Cafe Business Location: 3980 Broadway, Suite 107-108, Boulder CO 80304 Occupancy: Indoor: 67 Seating Outdoor: 12 Seating Square Footage: 970 Business Description: Restaurant Operating Hours: Monday-Sunday 7AM-2PM, Same # of Licenses in area: 5 Application Type: New Hotel-Restaurant Type Liquor License Defined Neighborhood: NORTH- Yarmouth Road SOUTH- Linden Avenue EAST- 26th Street WEST- City Limits Date and Location of Beverage Licensing Authority Hearing to provide comment: Wednesday February 16, 2022 at 3PM Virtual Meeting: https://bouldercolorado.gov/government/board-commission/beverage- licensing-authority 30 minutes prior to meeting for meeting link Neighborhood Needs & Desires Petition Summary Sheet Applicant: LM Boulder, LLC Trade Name: Lucky's Bakehouse Cafe Business Location: 3980 Broadway. Suite 107-108. Boulder, CO 80304 Date(s) of Petitioning: Defined Neighborhood: NORTH – Yarmouth Avenue SOUTH – Linden Avenue EAST – 26th Street WEST – City Limits 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 FEBRUARY 7, 2022 DATE OF PETITIONING: ___________________________________________ TIME OF PETITIONING: _________________________ Business Petition Form Applicant: LM Boulder, LLC Trade Name: Lucky's Bakehouse Cafe Application Type: New Hotel-Restaurant Type Liquor License Business Location [See Map]: 3980 Broadway. Suite 107-108. Boulder, CO 80304 Previous Business: Full Service Restaurant Date & Time of Hearing: Wednesday February 16, 2022 at 3PM Location of Hearing: Virtual Hearing I, the undersigned, am aware that a liquor license application has been filed with the City of Boulder. I certify that I am at least 21 years of age and a business owner or manager in the defined neighborhood. I have indicated below, with my signature, my opinion about approval/denial of the above referenced application. BUSINESS NAME PERSON NAME [PRINT] ADDRESS *FAVOR **OPPOSE REASON WHY YOU FAVOR OR OPPOSE THIS APPLICATION SIGNATURE (Please SIGN, do not print) CAPACITY (Owner/Mgr) AGE DATE PETITION ISSUE: This petition/opinion poll is being conducted to determine the reasonable requirements, needs and desires of the adult inhabitants of the defined neighborhood per C.R.S. 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 proposed 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: LM Boulder, LLC Trade Name: Lucky's Bakehouse Cafe Application Type: New Hotel-Restaurant Type Liquor License Business Location [See Map]: 3980 Broadway. Suite 107-108. Boulder, CO 80304 Previous Business: Full Service Restaurant Date & Time of Hearing: Wednesday February 16, 2022 at 3PM Location of Hearing: Virtual Hearing I, the undersigned, am aware that a liquor license application has been filed with the City of Boulder. I certify that I am at least 21 years of age and am a resident in the defined neighborhood. I have indicated below, with my signature, my opinion about approval/denial of the above referenced application. PERSON NAME (Please PRINT) ADDRESS *FAVOR **OPPOSE REASON WHY YOU FAVOR OR OPPOSE THIS APPLICATION SIGNATURE (Please SIGN, do not print) AGE TODAY’S DATE PETITION ISSUE: This petition/opinion poll is being conducted to determine the reasonable requirements, needs and desires of the adult inhabitants of the defined neighborhood per C.R.S. 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 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 TYPE LIQUOR LICENSE application, please sign and check the [**] OPPOSE column, and please then indicate the reason you oppose this license application. If you think that you have been unduly influenced by the petition circulator or have questions or comments concerning the proposed application or survey method, please call: MISHAWN J. COOK, CITY OF BOULDER LICENSING MANAGER AT PHONE: 303-441-3010 OR EMAIL: cookm@bouldercolorado.gov 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:_________________________ Agenda Item 10 Agenda Item 11 Permit Work Class Trade Name Business Name for Non‐profit Permit DescriptionAddress Expiration DateSpecial Event Liquor Life Lived Wild Boulder Climbing Community SEP ‐ Boulder Climbing Community ‐ Life Lived Wild event ‐ January 19, 2022 ‐ Patagonia Boulder, 1630 Pearl Street, Boulder, CO 803021206 Euclid AVE Unit: 2Boulder, CO 80302 1/19/2022Special Event Liquor Season Announcement Part Colorado Music Festival Colorado Music Festival and Center for Musical Arts Season Announcement Part at BMOCA on Jan. 18, 20221750 13TH STBOULDER, CO 80302 1/18/2022Special Event Liquor Boulder Economic Council 2022 Economic Forecast Boulder Chamber of Commerce Boulder Chamber of Commerce 2022 Economic Forecast at Boulder JCC on Jan 19 20226007 OREG AVEBOULDER, CO 80303 1/19/2022Special Event Liquor Sofas Sound Roots Music Project Foundation Inc. SEP ‐ Roots Music Project Foundation Inc ‐ Sofas Sound ? January 29, 20221014 MAPLETON AVEBOULDER, CO 80302 1/29/2022 City of Boulder Liquor License Notices Sent For Applications Expiring Between 05/01/2022 and 05/31/2022 Printed on 02/10/2022 Page 1 of 4 Notices were sent to the following licensees: Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type BARTACO / Bartaco Pearl West, LLC 1048 Pearl Street, Suite 101, Boulder, CO 80302 03-07918 05/29/2022 04/14/2022Hotel-Restaurant 9450 SW GEMINI DR PMB 87669 BEAVERTON, OR 97008-7105 BOULDER DUSHANBE TEAHOUSE / Huckleberry Foods, Inc 1770 13th St, Boulder, CO 80302-6226 26-19000-0000 05/26/2022 04/11/2022Hotel-Restaurant 700 MAIN STREET LOUISVILLE, CO 80027 BRASSERIE TEN TEN / Walnut Restaurant Group, Inc 1011 Walnut St, Unit 100, Boulder, CO 80302-5182 18-21014-0000 05/28/2022 04/13/2022Hotel-Restaurant 1002 WALNUT ST, UNIT 203-A BOULDER, CO 80302 BUDDHA CAFE / Buddha Cafe Inc 2719 Iris Ave, Boulder, CO 80304 42-46451-0000 05/20/2022 04/05/2022Hotel-Restaurant 2719 IRIS AVE BOULDER, CO 80304 CENTRO LATIN KITCHEN / 950 Pearl Street LLC 950 Pearl St, Boulder, CO 80302-5109 14-38442-0000 05/11/2022 03/27/2022Hotel-Restaurant 944 PEARL ST BOULDER, CO 80301 CHINA GOURMET / China Gourmet, Inc 3970 N Broadway, Unit 102, Boulder, CO 80304-1163 10-75698-0000 05/09/2022 03/25/2022Hotel-Restaurant 3970 N BROADWAY 102 BOULDER, CO 80304 Circle K 2741110 / CST METRO LLC 2995 30th St, Boulder, CO 80302 04-00613 05/02/2022 03/18/2022Fermented Malt Beverage Off-Premise 19500 BULVERDE RD Suite 100 SAN ANTONIO, TX 78259 Printed on 02/10/2022 Page 2 of 4 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type ELEMENT BISTRO / Element Bistro, LLC 6315 Lookout Road, Boulder, CO 80301 03-06240 05/16/2022 04/01/2022Hotel-Restaurant 6315 LOOKOUT RD B BOULDER, CO 80301 EMBASSY SUITES AND HILTON GARDEN INN / Sage Client 499, LLC 2601 Canyon Blvd and 2701 Canyon Blvd, Boulder, CO 80303 03-07969 05/21/2022 04/06/2022Hotel-Restaurant 1575 WELTON ST 300 DENVER, CO 80202 HUNGRY TOAD / Hungry Toad, Inc 2543 N Broadway, Boulder, CO 80302-4110 03-52081-0001 05/26/2022 04/11/2022Hotel-Restaurant 2543 N BROADWAY BOULDER, CO 80302 MCDEVITT TACO SUPPLY / McDevitt Productions, LLC 4800 Baseline Road, Unit C-110, Boulder, CO 80303 03-07926 05/18/2022 04/03/2022Hotel-Restaurant 4800 BASELINE RD Unit C-110 BOULDER, CO 80303 MT. EVEREST CUISINE / Mt. Everest Cuisine, Inc. 4800 Baseline Road A-107, Boulder, CO 80303 03-06403 05/24/2022 04/09/2022Beer & Wine 4800 BASELINE ROAD A-107 BOULDER, CO 80303 Natural Grocers / Vitamin Cottage Natural Food Markets, Inc. 2685 Pearl Street, Boulder, CO 80302 04-01166 05/05/2022 03/21/2022Fermented Malt Beverage Off-Premise 12612 W ALAMEDA PKWY LAKEWOOD, CO 80228 Osaka's / Global Osaka’s Restaurants, LLC 2460 Canyon Boulevard, Suite L-1, Boulder, CO 80302 03-09902 05/22/2022 04/07/2022Hotel-Restaurant 4951 EAGAN CIRCLE LONGMONT, CO 80503 OUTBACK SALOON / Cobbers Outback, Inc 3141 28th St, Boulder, CO 80301-1315 10-68391-0000 05/13/2022 03/29/2022Tavern 3141 28TH ST BOULDER, CO 80301 Printed on 02/10/2022 Page 3 of 4 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type PDQ GAS AND FOOD / PDQ Development Inc 5200 Manhattan Cir, Boulder, CO 80303-4258 10-62622-0000 05/10/2022 03/26/2022Fermented Malt Beverage Off-Premise 5200 MANHATTAN CIR BOULDER, CO 80303 PICA'S MEXICAN TAQUERIA / Gatos Negros, LLC 5360 Arapahoe Ave, Unit F, Boulder, CO 80303-8105 28-67205-0000 05/02/2022 03/18/2022Hotel-Restaurant 1020 REX ST LOUISIVLLE, CO 80027 PROTO'S PIZZA GUNBARREL / Proto's Pizza Inc. 5378 Gunbarrel Center Court, #1, Boulder, CO 80301 03-06406 05/24/2022 04/09/2022Hotel-Restaurant 5378 GUNBARREL CENTER COURT, #1 BOULDER, CO 80301 Rapha / Rapha Racing LLC 1815 Pearl Street, Boulder, CO 80302 03-09790 05/13/2022 03/29/2022Beer & Wine 1815 PEARL ST BOULDER, CO 80302 SALT / Less Filling, LLC 1047 Pearl St, Boulder, CO 80302-5110 28-62148-0000 05/13/2022 03/29/2022Hotel-Restaurant 2525 TOPAS DR BOULDER, CO 80304 Steak House No. 316 / CSCP Boulder, LLC 1922 13th Street, Boulder, CO 80302 03-09899 05/22/2022 04/07/2022Hotel-Restaurant 308 S. GALENA STREET ASPEN, CO 81611 TAJ INDIAN CUISINE / Vishnu, Inc 2630 Baseline Rd, Boulder, CO 80305-3325 23-57895-0000 05/19/2022 04/04/2022Hotel-Restaurant 12729 ANHAWA AVE LONGMONT, CO 80503 Total Liquor Licensees Receiving Notices: 22 Printed on 02/10/2022 Page 4 of 4 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type Non-administrative renewal notices were sent to the following licensees: Total Non-Adminstrative Renewal Liquor Licensees Receiving Notices: 0 Agenda Item 12