HomeMy WebLinkAbout01.19.22 BLA Minutes BLA 1/19/2022 Final Minutes
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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, 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 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, Member Friesen,
seconded to approve the minutes from November 17, 2021, hearing. Motion Passed
3:0 (Lundgren, Friesen, and Califano). Chair Lundgren moved, Member Califano
seconded to approve the minutes from December 15, 2021, hearing. Motion Passed
3:0 (Lundgren, Califano, and Wallace; Member Friesen abstaining).
iv. Hearing agenda issues from Licensing Clerk;
Licensing Manager Cook brought to the Board’s attention the following issues:
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Under Agenda Item 9, The NICHE Event Space, staff expect that they will request a
continuance as 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 either the March or April BLA Hearings
will suffice. Chair Lundgren moved, Member Friesen seconded, to approve the
continuance to a later hearing date. Motion passed 3:0.
License staff also recommended to the BLA members to schedule a special hearing for
one of the new license applications, Driftwind, which BLA would be setting
neighborhood boundaries at today’s hearing. City Staff would recommend that a
separate hearing be set after the regular February 16, 2022, BLA hearing due to the
expected length of that item. Brian Proffitt who represents Driftwind would like to
supply comment regarding the Driftwind boundary setting. Mr. Proffitt would ask 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 person for more availability for TIPS training, awarded a SEA grant to
supplement dues and the implementation of Saturday training opportunities. The 1st
recipient of the Kevin Mahoney Award for Compliance was awarded to 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 –
Voicing opposition and concerns for the upcoming Landlock, LLC d/b/a Driftwind,
new Hotel Restaurant type liquor license application.
5. Mateo, LLC d/b/a Mateo, 1837 Pearl Street, Boulder, CO 80302 – Monthly Status
Report.
Ms. Natasha Boon, Mateo Representative, appeared before the Authority and Licensing
Specialist Yslas stated for the record that City Sales Tax sent an email stating compliance.
This would be the last status report for Mateo to the BLA.
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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 Karaki, Owner and Registered Manager with a
premise business mailing address, for a renewal of a Retail Liquor Store type liquor
license
Bharat Karaki, 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.
Mr. Karaki explained why the renewal was late-filed. Manager Cook confirmed that
Occupation Tax and Sales Tax are approved for this license. Mr. Karaki 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, Member 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 of 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 along with Chad Juencke
appearing for the licensee. Mr. Dunn and Mr. Juencke were sworn in with Mr. Juencke
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.
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.
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The Authority members deliberated over the renewal of the application.
Member Wallace moved, Member 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.
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. 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, Member 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 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
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
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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, 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. As the applicants appeared without counsel, 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. Broyes and Mr. Query provided testimony regarding the application presented to
the Authority. There was no change to the menu, but the business is consolidating their
brewing to their Lafayette location.
Member Friesen questioned their submitted alcohol service policy as it needs to be
more thorough because it reads as an employee standards policy. Ms. Broyes confirmed
their ID card procedure for employees.
The Authority members closed the discussion and began deliberat ion.
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, 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. As the applicants appeared without counsel, 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. Broyes and Mr. Query provided testimony regarding the application presented to
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the Authority. There was the 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 H otel-Restaurant type liquor license.
Chas Runco, attorney for the licensee appeared for this matter along with Brandon Cesar,
General Manager, and Eva Garretson, Liquor Pros Petitioning, appearing for the licensee.
Mr. Runco, 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 exhibit 1.
Mr. Runco explained the contents of the application with his clients and provided
testimony to the Authority. Ms. Garretson provided testimony regarding the submitted
petitioning results.
The Authority members closed the discussion and began deliberat ion.
Member Friesen moved, Member Wallace seconded, to approve this new Hotel-
Restaurant type liquor license. Motion passed 3:0.
13. Matters from the Senior Counsel
Assistant Senior Council, Laurel Witt, introduced herself and informed the Authority that
she will be representing at the BLA hearings until Veronique Van Gheem returns from
leave.
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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 16, 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, Member 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, Member 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 were discussed: Alpine Avenue on the North,
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Arapahoe Avenue on the South, 20th Street Extended on the East, and City Limits on the
West. Member Friesen moved, Member 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 local proposed parties
of interest, 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. These two documents are Agenda Item 14 d, Exhibit 1. Also, an
email from local neighbors 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
all requested that the Authority consider a 1-mile radius for the boundary and
mentioned that there is only one road in and out of the reservoir.
City Licensing Staff requested to the Authority that a special hearing would commence
for this application. The Authority agreed and decided that a special hearing would
occur on March 1st, 2nd, or 3rd, depending on BLA member availability. The hearing would
begin at 1:00 pm.
The Authority members closed the 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, Member 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 submissions have slowed down.
g. Breweries, Wineries, and Distilleries requests for local licensing authority input
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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. This tax will now be
collected through the Energov software which is the software used for liquor
licenses. 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 only the city and state names for applicants.
ADJOURNMENT
Member Friesen moved, Member 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
Signature:
Email:
Signature:
Email:
Mishawn Cook (Feb 16, 2022 15:29 MST)
cookm1@bouldercolorado.gov
Alyssa Lundgren (Feb 17, 2022 12:51 MST)
Alyssa Lundgren
lundgrea@gmail.com
01.19.22 BLA Hearing Minutes -Final
Final Audit Report 2022-02-17
Created:2022-02-16
By:Mishawn Cook (cookm1@bouldercolorado.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAMB4d125ZTi3WM1nI7i_ImlGfw_qh5lYa
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