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HomeMy WebLinkAbout05.18.22 BLA PacketBeverage licensing Authority Hearing Packet May 18, 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, MAY 18, 2022, at 3:00 P.M. VIRTUAL HEARING DURING CITY REMOTE WORK VISIT THE FOLLOWING LINK 15 MINUTES PRIOR TO THE MEETING FOR ACCESS: https://bouldercolorado.gov/events VIEW BLA PACKET MATERIALS AT THE LINK FOR ACCESS MEETING AGENDA AND MATERIALS: 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. Election of Chair and Vice-Chair iv. Approval of Beverage Licensing Authority (BLA) minutes from April 20, 2022. 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 continued consideration of an application filed on February 4, 2022, from Boulder’s Tavern, LLC d/b/a Bluff Street Bar and Billiards,2690 28th Street, Unit E, Boulder, CO 80301-1254; Richard Weiman, Managing Member, Robert Ware, and Jose Emmanuelli Members, with a premise business mailing address, for a renewal of a Tavern type liquor license 6. Public hearing and consideration of an application filed on March 1, 2022, from 7E CO 2, LLC (franchisee) and 7-Eleven, Inc. (franchisor) as joint licensees d/b/a 7-Eleven Store 35069C, 1091 13th Street, Boulder, CO 80302; 7E CO 2, LLC (Franchisee LLC) with Kenneth Monfort and Alon Mor as its Managers and with 7E CO Holdings, LLC as 100% owner of Franchisee LLC with Kenneth Monfort and Alon Mor as its underlying Members, and with 7-Eleven, Inc. (Franchisor Corp) 100% owned by SEJ Asset Management & Investment Company and with Joseph DePinto as President, CEO, and Director, Rankin Gasaway as Senior Vice President, Secretary, and General Counsel, and with Stanley Reynolds, Executive Vice President and Chief Financial Officer of Franchisor Corp, with a business mailing address of P. O. Box 219088, Dallas, TX 75221, for a renewal of a Fermented Malt Beverage Off-Premise type liquor license 7. Public hearing and consideration of an application filed on March 7, 2022, from Everyday Stores LLC d/b/a Everyday Store 5700, 1275 13th Street, Boulder, CO 80302: Harbans Lali, President, Gurbinder Virk, Member, with a business mailing address of 1360 W 13th Avenue, Broomfield, CO 80020, for a renewal of a Fermented Malt Beverage Off-Premises type liquor license. 8. Public hearing and consideration of an application filed on March 8, 2022, from Cured Wines LLC d/b/a Cured Wines, 5700, 1825 Pearl Street, Suite B, Boulder, CO 80302; Jason Zuliani, Managing Member, J. Larry Williams, Member, with a premise business mailing address for a renewal of a Retail Liquor Store type liquor license. 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. 10. Public hearing and consideration of an application filed on March 7, 2022, from Pars Gas & Food, Inc d/b/a Buffalo Gas,5500 Arapahoe Avenue, Boulder, CO 80303; Shervin Kordouni, Owner, with a premise business mailing address, for a new Fermented Malt Beverage-Off Premises type liquor license. Part 2- Time Extension or Temporary Modification Applications to add outdoor service areas until August 31, 2022 (BLA hearings will only be convened if public comment is received during the 10-day posting period) 11. Hapa Group Inc d/b/a Hapa Sushi & Sake, 1117 Pearl Street, Boulder, CO 80302; Mark Van Grack, President, with a business mailing address of 1117 Pearl Street, Boulder, CO 80302, for a 1080 square feet addition filed on April 26, 2022, to a Hotel-Restaurant type liquor license. 12. Stash Enterprises LLC d/b/a Southern Sun Pub & Brewery, 627 Broadway, Suite B-E, Boulder, CO 80305; Kevin Daly, LLC Manager and underlying co-owner, Paul Nashak, LLC Manager and underlying co-owner, Thomas Daly, LLC Manager, and underlying co-owner, Easy Tiger Enterprises LLC, 33.3% Member with Timothy McMurray as underlying LLC co-owner, Blackford & Daly Enterprises, Inc., 33.3% Member, and Daly & Daly Enterprises LLC, 33.3% Member, and Michael Absalom, Registered Manager, with a premise business mailing address, for a 2,320 square feet addition filed on April 26, 2022, to a Brew Pub type liquor license. 13. You Eat More Enterprises LLC d/b/a Under The Sun, 627 Broadway, Suite A Boulder, CO 80305; Kevin Daly, Paul Nashak and Timothy McMurray Members and William Doermann Reg. Manager, with a premise business mailing address of,627Broadway, Suite A, Boulder, CO 80305 for a 1,672 square foot addition filed on April 26, 2022, to a Hotel-Restaurant type liquor license 14. Sforno Restaurant Concepts LLC d/b/a Sforno Trattoria Romana, 1308 Pearl Street, Boulder, C0 80302; Kenneth Budde and Elodie Lisle Members and Jessica Brothers Reg. Manager, with a premise business mailing address, for a 216 square foot addition filed on April 26, 2022, to a Hotel-Restaurant type liquor license 15. Matters from Assistant City Attorney 16. Matters from the Licensing Clerk a. Temporary Modification Pilot Program Updates b. Virtual Hearing or In-Person Meeting Discussion c. Neighborhood boundary setting for applications for June 15, 2022, BLA hearing: i. Coco Inc d/b/a Doug’s Diner for a New Hotel-Restaurant type liquor license application at2574 Baseline Road, Boulder CO 80305 ii. Barchetta, LLC d/b/a Barchetta for a Permanent Modification of a Hotel-Restaurant type liquor application at 1644 Walnut Street, Boulder CO 80302 d. Expected Administrative Processing of Liquor License Transfer Applications i. None for May 2022 e. Processing of special event liquor permits & temporary modifications to expand outdoor dining areas: i. Special Event Liquor Permits list ii. Temporary Modifications list f. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room – i. None for May 2022 g. Informational items i. Liquor License Renewals Sent List – August 2022 Expirations 17. Matters from the Chair and Members of the Authority Adjournment For information or to request to make comment for the public hearings, call (303)441-3034. 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 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 minimum notice required by state law. Final on Wednesday, May 4, 2022 Jon Yslas, Licensing Specialist for Mishawn Cook, Licensing Manger Published on Sunday, May 8, 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, May 8, 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 E04 & E05 IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Boulder, Colorado this Tuesday, May 10, 2022. _ Jon Yslas, Licensing Specialist on behalf of Mishawn J. Cook, Licensing Manager Secretary to Beverage Licensing Authority Jon Yslas 2022 City of Boulder PUBLIC MEETINGS VIRTUAL MEETINGS Visit www.bouldercolorado.gov/calendar or call 303-441-3388 *INDICATES THATA COMPLETE AGENDA IS IN TODAY’S PUBLIC NOTICES IN THE CLASSIFIED SECTION. Due to COVID-19 concerns, all meetings are being held virtually. For Call in and/or Sign In information, visit the city’s Web Calendar www.bouldercolorado.gov/calendar and select the correct meeting MONDAY, MAY 9 6 PM Transportation Advisory Board 6:30 PM 30th Annual Awards Ceremony presented by the Boulder County Heritage Roundtable TUESDAY, MAY 10 4-6 PM Downtown Management Commission Meeting 5-6 PM Joint Meeting of the Boulder Valley School District Board and the Boulder City Council 6 PM *City Council Special Meeting Public Hearings • East Boulder Subcommunity Plan WEDNESDAY, MAY 11 6 PM Parks and Recreation Advisory Board Study Session 6-9 PM Open Space Board of Trustees Meeting THURSDAY, MAY 12 5 PM *Board of Zoning Adjustment Meeting 5-6:30 PM Flatirons Habitat for Humanity’s Groundbreaking Ceremony WEDNESDAY, MAY 18 3 PM Beverage Licensing Authority Hearing For additional information or to file petitions or remonstrances, email: LicensingOnline@bouldercolorado.gov THURSDAY, MAY 19 6 PM *Planning Board Meeting (not televised) It is the City of Boulder’s practice to provide more notice than is required by law whenever possible. However this practice shall not be used to invalidate any action taken with the minimum notice required by state law. If you need Spanish interpretation or other language-related assistance for a meeting, please call (303) 441-1905 at least three business days prior to the meeting. Si usted necesita interpretación o cualquier otra ayuda con relación al idioma para esta junta, por favor comuníquese al (303) 441-1905 por lo menos tres días antes de la junta. Public Notice PUBLIC NOTICE CITY OF BOULDER BEVERAGE LICENSING AUTHORITY HEARING WEDNESDAY, MAY 18, 2022, at 3:00 P.M. VIRTUAL HEARING DURING CITY REMOTE WORK VISIT THE FOLLOWING LINK 15 MINUTES PRIOR TO THE MEETING FOR ACCESS: https://bouldercolorado.gov/events VIEW BLA PACKET MATERIALS AT THE LINK FOR ACCESS MEETING AGENDA AND MATERIALS: 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. Election of Chair and Vice-Chair iv. Approval of Beverage Licensing Authority (BLA) minutes from April 20, 2022. 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 Au- thority Hearings. 5. Public hearing and continued consideration of an application filed on February 4, 2022, from Boulder’s Tavern, LLC d/b/a Bluff Street Bar and Billiards,2690 28th Street, Unit E, Boulder, CO 80301- 1254; Richard Weiman, Managing Member, Robert Ware, and Jose Emmanuelli Members, with a premise business mailing address, for a renewal of a Tavern type liquor license 6. Public hearing and consideration of an application filed on March 1, 2022, from 7E CO 2, LLC (franchisee) and 7-Eleven, Inc. Public Notice Public Notice Public Notice (franchisor) as joint licensees d/b/a 7-Eleven Store 35069C, 1091 13th Street, Boulder, CO 80302; 7E CO 2, LLC (Franchisee LLC) with Kenneth Monfort and Alon Mor as its Managers and with 7E CO Holdings, LLC as 100% owner of Franchisee LLC with Kenneth Monfort and Alon Mor as its underlying Members, and with 7- Eleven, Inc. (Franchisor Corp) 100% owned by SEJ Asset Manage- ment & Investment Company and with Joseph DePinto as President, CEO, and Director, Rankin Gasaway as Senior Vice President, Secre- tary, and General Counsel, and with Stanley Reynolds, Executive Vice President and Chief Financial Officer of Franchisor Corp, with a business mailing address of P. O. Box 219088, Dallas, TX 75221, for a renewal of a Fermented Malt Beverage Off-Premise type liquor li- cense 7. Public hearing and consideration of an application filed on March 7, 2022, from Everyday Stores LLC d/b/a Everyday Store 5700, 1275 13th Street, Boulder, CO 80302: Harbans Lali, President, Gurbinder Virk, Member, with a business mailing address of 1360 W 13th Avenue, Broomfield, CO 80020, for a renewal of a Fermented Malt Beverage Off-Premises type liquor license. 8. Public hearing and consideration of an application filed on March 8, 2022, from Cured Wines LLC d/b/a Cured Wines, 1825 Pearl Street, Suite B, Boulder, CO 80302; Jason Zuliani, Managing Member, J. Larry Williams, Member, with a premise business mail- ing address for a renewal of a Retail Liquor Store type liquor li- cense. 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. 10. Public hearing and consideration of an application filed on March 7, 2022, from Pars Gas & Food, Inc d/b/a Buffalo Gas,5500 Arapahoe Avenue, Boulder, CO 80303; Shervin Kordouni, Owner, with a premise business mailing address, for a new Fermented Malt Beverage-Off Premises type liquor license. Part 2- Time Extension or Temporary Modification Applications to add outdoor service areas until August 31, 2022 (BLA hearings will only be convened if public comment is received during the 10-day posting period) 11. Hapa Group Inc d/b/a Hapa Sushi & Sake, 1117 Pearl Street, Boulder, CO 80302; Mark Van Grack, President, with a business Public Notice Public Notice Public Notice mailing address of 1117 Pearl Street, Boulder, CO 80302, for a 1080 square feet addition filed on April 26, 2022, to a Hotel-Restaurant type liquor license. 12. Stash Enterprises LLC d/b/a Southern Sun Pub & Brewery, 627 Broadway, Suite B-E, Boulder, CO 80305; Kevin Daly, LLC Manager and underlying co-owner, Paul Nashak, LLC Manager and underly- ing co-owner, Thomas Daly, LLC Manager, and underlying co- owner, Easy Tiger Enterprises LLC, 33.3% Member with Timothy McMurray as underlying LLC co-owner, Blackford & Daly Enterpris- es, Inc., 33.3% Member, and Daly & Daly Enterprises LLC, 33.3% Member, and Michael Absalom, Registered Manager, with a prem- ise business mailing address, for a 2,320 square feet addition filed on April 26, 2022, to a Brew Pub type liquor license. 13. You Eat More Enterprises LLC d/b/a Under The Sun, 627 Broad- way, Suite A Boulder, CO 80305; Kevin Daly, Paul Nashak and Timo- thy McMurray Members and William Doermann Reg. Manager, with a premise business mailing address of,627Broadway, Suite A, Boulder, CO 80305 for a 1,672 square foot addition filed on April 26, 2022, to a Hotel-Restaurant type liquor license 14. Sforno Restaurant Concepts LLC d/b/a Sforno Trattoria Romana, 1308 Pearl Street, Boulder, C0 80302; Kenneth Budde and Elodie Lisle Members and Jessica Brothers Reg. Manager, with a premise business mailing address, for a 216 square foot addition filed on April 26, 2022, to a Hotel-Restaurant type liquor license 15. Matters from Assistant City Attorney 16. Matters from the Licensing Clerk a. Temporary Modification Pilot Program Updates b. Virtual Hearing or In-Person Meeting Discussion c. Neighborhood boundary setting for applications for June 15, 2022, BLA hearing: i. Coco Inc d/b/a Doug’s Diner for a New Hotel-Restaurant type liquor license application at2574 Baseline Road, Boulder CO 80305 ii. Barchetta, LLC d/b/a Barchetta for a Permanent Modifi- cation of a Hotel-Restaurant type liquor application at 1644 Walnut Street, Boulder CO 80302 d. Expected Administrative Processing of Liquor License Transfer Applications i. None for May 2022 Public Notice Public Notice e. Processing of special event liquor permits & temporary modifi- cations to expand outdoor dining areas: i. Special Event Liquor Permits list ii. Temporary Modifications list f. Breweries, Wineries, and Distilleries requests for local licens- ing authority input on Application for Colorado Liquor Sales Room – i. None for May 2022 g. Informational items i. Liquor License Renewals Sent List –August 2022 Expirations 17. 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)441-3034. 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 email is strongly suggested for timely receipt for submission to the Beverage Licens- ing 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. Final on Wednesday, May 4, 2022 Jon Yslas, Licensing Specialist for Mishawn Cook, Licensing Manger Published: Boulder Daily Camera May 8, 2022-1889205 City Council Special Meeting Virtual Meeting –Via Zoom Tuesday, May 10, 2022 6p.m. 1. Call to Order and Roll Call A. Declaration for Turquoise Takeover Week (lung cancer awareness) 2. Consent Agenda A. Accept the April 26, 2022 Study Session Summary regarding Wildfire Resilience B. Accept the April 26, 2022 Study Session Summary regarding the Draft 2022 Boulder Parks and Recreation Master Plan C. Consideration of the following proposed ordinances related to firearm restrictions in the City of Boulder: 1st Rdg Ord 8494 amending Chapter 5, “General Offenses,” B.R .C. 1981, repealing Ordinances 8245 and 8259, banning the sale and possession of assault weapons, large-capacity magazines and rapid-fire trigger activators, raising the age to purchase firearms, amending Section 5-2-26, “Matters of Local and Mixed Concern,” B. R.C. 1981, and adding a new Section 5-8-42, “Severability,” B.R.C. 1981 AND/OR 1st Rdg Ord 8525 repealing and reenacting Section 5-8-15, “Deadly Weapons in City Buildings Prohibited,” B.R.C. 1981, to pro- hibit the carrying of firearms in certain public places AND/OR 1st Rdg Ord 8526 amending Chapter 5-8, “Weapons,” B.R.C. 1981, by adding new definitions, and a new Section 5-8-39, “Prohibitions,” B.R.C. 1981, to regulate the possession of unfinished frames and receivers, and unserialized firearms AND/OR 1st Rdg Ord 8527 repealing and reenacting Section 5-8-21, “Op- en Carriage of Firearms in Carrying Cases Required,” B.R.C. 1981, to prohibit the open carrying of firearms in public places AND/OR 1st Rdg Ord 8528 amending Chapter 5-8, “Weapons,” B.R.C. 1981, by adding new definitions, and a new Section 5-8-40, “Disclosure,” B.R.C. 1981, requiring all firearm dealers to post signs at all locations where firearms transfers take place AND/OR 1st Rdg Ord 8529 amending Chapter 5-8, “Weapons,” B.R.C. 1981, by adding a new definition, and a new Section 5-8-41, “Wait- ing Period Prior to Firearm Purchase,” B.RC. 1981, requiring a wait- ing period prior to the sale of firearms D. Call a Special Meeting of the Boulder City Council on Tuesday, May 24th, 2022 3. Call-Up Check-In 4. Public Hearings A. Cont. public hearing and to adopt the East Boulder Subcommunity Plan. Planning Board deliberated and considered a motion for adoption on May 5. City Council will deliberate and con- sider amotion for adoption on May 10 5. Matters from the City Manager A. Update on Taxation of Electronic Smoking Devices De- signed for Cannabis Use 6. Matters from the City Attorney A. Potential 2022 Ballot Items 7. Matters from the Mayor and Members of Council 8. Discussion Items 9. Debrief 10. Adjournment Pubilshed: Boulder Daily Camera May 8, 2022-1889375 NOTICE OF PUBLIC HEARING ORDINANCE No. 1828, SERIES 2022 AN ORDINANCE AMENDING SECTION 17.20.170.C. OF THE LOUIS- VILLE MUNICIPAL CODE ALLOWING AN ALTERNATIVE TO INSTAL- LING ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AS PART OF THE REBUILDING OF STRUCTURES SIGNIFICANTLY DAMAGED OR DE- STROYED BY THE MARSHALL FIRE INTRODUCED, READ, PASSED ON FIRST READING, AND ORDERED PUBLISHED this 5th day of April, 2022. Ashley Stolzmann, Mayor ATTEST: Meredyth Muth, City Clerk APPROVED AS TO FORM: Kelly PC, City Attorney PASSED AND ADOPTED ON SECOND AND FINAL READING this 3rd day of May, 2022. Ashley Stolzmann, Mayor ATTEST: Meredyth Muth, City Clerk Ordinance No. 1828, Series 2022 is revised to read as follows (amendments are shown in bold underline and bold strikeout ): ORDINANCE NO. 1828 SERIES 2022 AN ORDINANCE AMENDING SECTION 17.20.170.C. OF THE LOUIS- VILLE MUNICIPAL CODE ALLOWING AN ALTERNATIVE TO INSTAL- LING ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AS PART OF THE REBUILDING OF STRUCTURES SIGNIFICANTLY DAMAGED OR DE- STROYED BY THE MARSHALL FIRE Sec. 17.20.170 Electric vehicle charging infrastructure. C. Number of required electric vehicle charging stations. The fol- lowing table sets forth the number of required charging stations for all new development or redevelopments as required in for which a building permit is issued pursuant to the International Energy Con- servation Code (“IECC”) set forth in Chapter 15.18 of the Louisville Municipal Code, except that charging stations shall not only one electric vehicle capable charging station shall be required for build- ing permits issued pursuant to the 2018 Edition of the IECC. This list is not intended to be exhaustive of each use category, however is intended to establish general categories of use tiers. The Direc- tor of Planning and Building Safety shall determine the appropriate tier if the use is not identified in the table below. Published in the Daily Camera on May 8, 2022. Full copies of the or- dinance are available at the City Clerk’s Office, 749 Main Street, Louisville, Colorado. Published: Boulder Daily Camera May 6, 2022-1889125 ORDINANCE NO. 1829 SERIES 2022 AN ORDINANCE AMENDING TITLE 17 OF THE LOUISVILLE MUNICIPAL CODE TO ESTABLISH ABANQUET OR RECEPTION HALL USE GROUP AND CRITERIA FOR CONSIDERATION OF BANQUET OR RECEPTION HALLS AS ASPECIAL REVIEW USE IN SPECIFIED ZONE DISTRICTS INTRODUCED, READ, PASSED ON FIRST READING, AND ORDERED PUBLISHED this 5th day of April, 2022. Ashley Stolzmann, Mayor ATTEST: Meredyth Muth, City Clerk APPROVED AS TO FORM: Kelly PC, City Attorney PASSED AND ADOPTED ON SECOND AND FINAL READING this 3rd day of May, 2022. Ashley Stolzmann, Mayor ATTEST: Meredyth Muth, City Clerk Ordinance No. 1829, Series 2022 is revised to read as follows (amendments are shown in bold underline and bold strikeout): ORDINANCE NO. 1828 SERIES 2022 Public Notice Public Notice Public Notice BLA 4/20/2022 Draft Minutes Page 1 of 5 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * * HEARING MINUTES * * * WEDNESDAY, APRIL 20, 2022, 3:00 P.M. VIRTUAL HEARING NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: April 20, 2022 NAME & PHONE OF PERSON Raymond Jefferson, Licensing Specialist PREPARING SUMMARY: (303-441-3013) JeffersonR@Bouldercolorado.gov NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Michael Absalom, Steven Wallace, Michael Carr, and Matthew Califano, Staff Present: Laurel Witt, Assistant City Attorney, and Mishawn Cook, Licensing Manager, and Jon Yslas, Licensing Specialist 1. Agenda Item: i. Instructions for Virtual Hearing; Raymond Jefferson, Licensing Specialist, provided instructions to the BLA members, city staff, and hearing participants on how to participate during the virtual hearing. ii. Swearing in of Beverage Licensing Authority (BLA) new member; Swearing in of new member Michael Carr iii. Member Roll Call; Authority member roll call was completed with a quorum of 4 members present. iv. Election of Chair and Vice-Chair After discussion it was decided that the election of the chair and vice-chair would be moved to the May 18th BLA meeting. v. Approval of Beverage Licensing Authority (BLA) minutes from Special Hearing March 2, 2022 Spelling corrections noted and time of meeting called to order after recess identified for correction. Member Absalom moved, and Member Califano seconded to approve the minutes from March 2, 2022, hearing with the required corrections. Member Carr Recused. Motion Passed 3:0 BLA 4/20/2022 Draft Minutes Page 2 of 5 Approval of Beverage Licensing Authority (BLA) minutes from Hearing March 16, 2022 Member Wallace moved, and Member Califano seconded to approve the minutes from March 16, 2022, hearing. Member Carr Recused. Motion Passed 3:0 vi. Hearing agenda issues from Licensing Clerk; 1.) Will not convene hearings on agenda items 10 to 17 temp mods because 10- day postings completed with no comment received 2.) Agenda 6, Exhibit 1- Bluff Street Bar & Billiards- a corrected copy of the complete license renewal was supplied as agenda 6, exhibit 1. 3.) Agenda 6, Exhibit 2- Bluff Street Bar & Billiards- supplemental docs from Mike Laszlo 4.) For agenda 6, Bluff Street- we do expect the attorney will request a continuance. After discussion it was agreed to address agenda item 6, Bluff Street Bar & Billiards renewal application next with attorney Mike Laszlo requesting and being granted a continuance until next month’s BLA hearing scheduled for May 18, 2022. Member Wallace motioned and Member Califano seconded. Motion passes 4:0 and agenda item 8 to follow being heard earlier. 5.) For Agenda 7, Exhibit 1- Nails Bar & Lashes- supplemental training info 6.) Agenda 8, Niche workspaces’ new tavern liquor license application would like to proceed earlier in the agenda order because they have a plane to catch. Would BLA like to hear from them as to the basis of that request under item 1? Per the above motion, this request was granted by the BLA. 7.) Mike Absalom must leave at 5 PM, so Matthew Califano as acting chair then would run the remainder of the hearing, and we would be down to 3 members. 2. Matters from the Boulder Police Department (BPD). Officer Rich Denig spoke and stated that he was involved in several ongoing investigations but had nothing to present at this time. In addition, he further advised the BLA that the BPD 1st Q report would be submitted for inclusion in next month’s packet. BLA 4/20/2022 Draft Minutes Page 3 of 5 3. Matters from the Responsible Association of Retailers (RAR). Nathan Dewey spoke concerning his recent RAR meeting concerning mental health wellness and suicide prevention. He stated that this would be an ongoing area of attention and that more attention to this area would be forthcoming as well. Mr. Dewey also informed the board of the recent Fake ID training that he and Officer Denig conducted at the Boulder Theater. 4. General Public Comments for Future Beverage Licensing Authority Hearings. No public comment at this time. 5. Public hearing and consideration of an application filed on January 26, 2022, from Café Nostro Ltd d/b/a Café Sole, 637 S Broadway, Unit R, Boulder, CO 80305; Suter Debose, President, Ashkan Angha, Vice President, with a premise business mailing address, for a renewal of a Beer and Wine type liquor license. Suter DuBose, President- was sworn in and confirmed posting No attorney was present and only he will testify. Rules of hearing read by Vice-Chair. Ms. Cook Notified BLA of late file for the second year. Mr. DuBose explained that measures have been taken to ensure timely submission of future renewals. Motioned to approve renewal Member Absalom, Seconded Member Carr Motion passed 4:0 6. Public hearing and consideration of an application filed on February 4, 2022, from Boulder’s Tavern, LLC d/b/a Bluff Street Bar and Billiards,2690 28th Street, Unit E, Boulder, CO 80301-1254; Richard Weiman, Managing Member, and Jose Emmanuelli, Member and Robert Ware, Member and Registered Manager, with a premise business mailing address, for a renewal of a Tavern type liquor license. Agenda Item continued per Agenda Item 1. 7. Public hearing and consideration of an application filed on February 9, 2022, from Nails and Lashes, LLC d/b/a Nails Bar and Lashes, 2850 Baseline Road, Suite A-3, Boulder, CO 80303; Jenny Nguyen, Owner, with a premise business mailing address, for a renewal of a Beer and Wine type liquor license. Jenny Nguyen was sworn in and confirmed posting. Rules of hearing read by Vice-Chair. Ms. Cook Notified BLA of late file for this year. Ms. Nguyen explained that measures have been taken to ensure timely submission of future renewals as well as TIPS training. Motion to approve renewal Member Califano, Seconded Member Absalom, Motion Passed 4:0 8. 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. BLA 4/20/2022 Draft Minutes Page 4 of 5 This agenda item was conveyed during Agenda Item 1. Veronica Vecchio, Esq- waived reading. Jesse Day and Patrick Mahoney with Alcohol Petitioning Services were sworn in. Continued to May 18 for Sales tax approval, More complete Alcohol Policy, Security company info, and TIPs training for the owner (and any employee) will occur. Motioned Member Califano, Seconded Member Carr. Passed 4:0 9. Public hearing and consideration of an application filed on January 18, 2022, from Stella’s Lounge LLC d/b/a Stella’s Lounge, 1123 Walnut Street, Suite 101, Boulder CO 80302; Stella Spanu, Owner, and Jason Fibel, Proposed Registered Manager, with a business mailing address of 2600 Park Lake Drive, Boulder, CO 80301, for a new Hotel-Restaurant type liquor license. Daniel DeLay, Esq. appeared. Stella Spanu, Jason Fibel and Greg Topel (consultant) were all sworn and Topel and Fibel confirmed posting. After general questions from BLA, a motion to approve this license by Member Wallace. Seconded by Member Califano. Motion passed 4:0 Agenda Items 10 – 17 were not brought forth to the BLA due to no public comments received during the posting period. 18. Matters from the Senior Counsel Assistant Senior Council, Veronique Van Gheem announced that she is back from leave and Laurel Witt will remain to assist as needed. 19. Matters from the Licensing Clerk a. Board Recruitment for 2022 Licensing Manager Cook explained that City Council wanted at least 2 female applicants for the remaining available seat. The committee will select the 5th member of the BLA soon. b. Neighborhood boundary setting for applications for May 18, 2022, BLA hearing Pars Gas & Food Inc d/b/a Buffalo Gas for a New Fermented Malt Beverage Off- Premise type liquor license application at 5500 Arapahoe Avenue, Boulder CO 8030 BLA 4/20/2022 Draft Minutes Page 5 of 5 The following neighborhood boundaries were discussed: Pearl Parkway Extended on the North, Baseline Road on the south, City Limits on the east, and Foothills Parkway on the west. Member Wallace moved, and Member Absalom seconded, to approve these boundaries. Motion passed 4:0. c. Expected Administrative Processing of Liquor License Transfer Applications i. Bunty and Rani Corp d/b/a Broadway Wine & Spirits with a retail liquor store type liquor license at 2550 Baseline Road, Boulder, CO 80305 d. Special Event Liquor Permits and Temporary Modifications – List in Packet e. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room – None for April f. Informational Items i. Liquor Renewals Sent with July 2022 Expirations – List in Packet ii. Mishawn Cook retiring July 2022 20. Matters from the Chair and Members of the Authority Member Wallace questioned why applicants attend hearings without TIPS training when in- person meetings will resume as well as retreat return ADJOURNMENT Member Califano moved, Member Carr seconded, that this hearing should be adjourned, and thus, the hearing was adjourned at 6:03 PM. Motion to adjourn approved 4:0. Attested: Approved: _________________________________ ___________________________________ Mishawn J. Cook, Licensing Manager Chair of Beverage Licensing Authority And Secretary to the Authority 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 (Main) 303 441-4192 March 9, 2022 Sent Via Email to: rweiman5267@gmail.com and bluffstreetbar@gmail.com And Via Certified Mail, Return Receipt Requested Boulder’s Tavern, LLC d/b/a Bluff Street Bar & Billiards 2690 28th Street, Suite E, Boulder, CO 80301 Attention: Richard Weiman Re: Tavern liquor license renewal for 2690 28th Street, Unit E, Boulder, CO 80301 Dear Mr. Weiman: Please allow this letter to serve as written notice that you will be required 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 which we received partially emailed on February 4, 2022 which we then will consider your renewal filing date (your renewal was due on 1/18/22 and your license expires on 3/4/22). Contrary to our discussion on February 4 when you emailed the partial renewal to me, your renewal was due 45 days prior to your license expiration date so the due date was January 18, 2022. Our local Rules of Procedure preclude me from approving a license renewal via Summary Approval (see attachment 1) if there are administrative issues that have not been remedied by the licensee on their renewal. City Licensing has received a request from the Boulder Police Department to schedule a renewal hearing for your 2022 license renewal. The Boulder Police Department has also requested that you submit a copy of your alcohol service policies for review during this BLA renewal hearing. City Licensing still awaits city sales tax approval for your city license renewal application. In addition, the following other issues have been identified during the review of your pending liquor license renewal: 1) On the state renewal, the lease expiration date is not listed, 2) On the state renewal, Richard Weiman is listed as the operating manager, but city records list Robert (Mace) Ware as the operating manager. It then appears that a registered manager change should be filed, 3) On the state renewal, the mailing address should be listed. Please provide us with permission if you would like us to add in the mailing address and the license number for you but supply us the information to add in as well. City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (Main) 303 441-4192 4) For the state renewal documents, we have not received a completed state tax form (please see attachment 2) 5) On the city renewal, the scanned version of the city renewal is not of a format that shows the answers to questions 1 and 2 on the city renewal (see attachment 3) 6) We note that Kara Torp’s training expires on 3/27/2022 7) We note that both Valerie Eberhardt and Richard Weiman were trained in e-TIPs after the BLA’s allowance to use web, self -guided trainings expired on 9/20/21. Please then either supply an email from the class trainer that shows that the class taken was live-streamed (see BLA Rule 3-6 as attachment 4) or have both Ms. Eberhardt and Mr. Weiman re-trained. The mentioned Rules direct that the Licensing Clerk has an affirmative duty to review enforcement data related to your establishment, and as I have stated above, we have received a request to schedule a renewal hearing for your business. Ther efore, your LLC will be set for 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 employ ees involved in the service of alcohol, including, without limitation, managers, bartenders, and servers, shall attend a state-certified Responsible Vendor alcohol service class within two months from the initial approval of this license. New employees shall take such class within two months of their hire. Re-certification must be undertaken so that they remain current with trainin g. b. Licensee should be prepared to address any questions raised as to non-compliance with § 44-3-414, C.R.S. (pertaining to Tavern 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 licensee 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) Evid ence 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 li cense expiration date as dictated by §44-3-302, C.R.S. You will then be scheduled and are hereby ordered to be at a virtual hearing on Wednesday April 20, 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 April 7, 2022 after 12 noon to pick up a hearing notifi cation poster, su ch 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 April 9, 2022 remaining posted for the 10 day plus period until your renewal City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (Main) 303 441-4192 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 April 11, 2022. The State Liquor License 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 the below link, and then selecting Access Meeting Agendas and Materials, and Beverages Licensin g Authority (BLA) from the top menu, and then scroll down to the BLA Rules of Procedure folder to review the Rules -adop ted September 21, 2021: https://bouldercolorado.gov/government/board-commission/beverage-licensing-authority In the alternative, I can provide you with a hard copy of the City of Boulder 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: https://bouldercolorado.gov/government/departments/regulatory-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. Boulder’s Tavern, LLC d/b/a Bluff Street Bar & Billiards 2690 28th Street, Suite E, Boulder, CO 80301 Attention: Richard Weiman ___________________________________ Sent via email on 3/9/2022 to Richard Weiman at: rweiman5267@gmail.com and bluffstreetbar@gmail.com Cc: to Officer Rich Denig, Alcohol Enforcement Officer with Boulder Police Department ATTACHMENT 1 X ‐‐‐‐‐Original Message‐‐‐‐‐  From: Boulder Anonymous <boulderanonymous41@gmail.com>  Sent: Wednesday, May 4, 2022 9:52 AM  To: LicensingOnline <licensingonline@bouldercolorado.gov>  Subject: Bluff Street Bar  External Sender     To whom it may concern,    I write this letter in attempt to shine some light on Bluff Street Bar and Billiards located at 2690 28th  Street, Set, E Boulder, Co 80301  I have lived in this town for over 15 years and frequent most bars as I play pool as a hobby. I am shocked  and concerned that this establishment is allowed to operate.  I think the problems start with the owner, Richard Wieman. He recently had a couple of partners but  had a falling out due to his erratic and drunk behavior. He now operates this bar alone with no  understanding of what it takes.   He opens his bar at 10 and starts drinking til close, a lot of the time after 2 am when he lets him and his  buddies party after hours. He runs around his bar yelling at his employees, his guest, and his girlfriend.  There have been many domestic violence issues with his girlfriend and anyone that frequents this bar is  witness to it, Please check police records and/or google reviews to confirm this to be factual.  As a matter of fact, you can go into the Bluff st any given day and watch this behavior, firsthand.  Richard, recently served a few days in jail for beating his girlfriend in public at Eben G Fine Park.   Recently there have been a few extremely shady situations I have witnessed and the Bluff Street has  overall become a really unsafe place to enjoy a meal, cocktail, or a game of pool. Which is really  unfortunate since it is my neighborhood bar.  Richard refuses to hire a manager, doorman, or security. I  know because I have personally asked him how he would resolve these safety issues.  Richard is often seen hanging out with the local coke dealers in Boulder which is also a safety issue as  they are all allowed to post up and hang out in Bluff street, some of them carry guns which is even more  concerning.   I am very saddened and confused that an owner, someone that is so reckless and constantly belligerent  is allowed the privilege to hold a liquor license and is assumed to be responsible for the general public  and the safety of his employees.   Boulder County Liquor Board please do better.    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 April 13, 2022 Sent Via Email to: lori.stanton@7-11.com and connie.soria@7 -11.com And Via Certified Mail, Return Receipt Requested 7E CO 2, LLC & 7 -Eleven, Inc. d/b/a 7-Eleven Store 35069C 1091 13th Street Boulder, CO 80302 Attn: Lori Stanton- Corp. Office Re: Fermented Malt Beverage Off-Premise liquor license renewal for 1091 13th Street, Boulder, CO 80302 Dear Ms. Stanton: 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 which we first received on March 1, 2022. 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 January 25, 2022), and if the licensee declines to sign an agreement to voluntarily suspend alcohol sales in the even t that the renewed license is issued after the license expiration date (here your license expiration date is March 11, 2022). I note that the city liquor occupation tax has not approved your license renewal. City Licensing awaits response from the city sales tax area. The mentioned Rules direct that the Licensing Clerk has an affirmative duty to review enforcement data related to your establishment. Therefore, your business 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 two months from the initial approval of this license. New employees shall take such class within two months of their hire. Re-certification must be undertaken so that they remain current with training. I noted in my emails to you that of the 10 employees submitted on your training list, there were only training certificates for two employees. In addition, e-TIPs was only allowed from April 1, 2020 to City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (P) 303 441-4192 (F) 303- 441-1919 September 21, 2021 by the BLA Rules (after that point only in-person or live streamed training was allowed), so those two employees with submitted training certificates would need to be retrained (see Attachment 2). I also note for the Authority that this liquor license had a city condition for complete employee training for the 2022 license renewal. b. Licensee should be prepared to address any questions raised as to non -compliance with § 44-4-101 et seq., C.R.S. (pertaining to Fermented Malt Beverage On and Off-Premise 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 licensee 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) Evid enc 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 li cense expiration date as dictated by §44-3-302, C.R.S. You will th en be scheduled and are hereby ordered to be at a virtual hearing of the Beverage Licensing Authority on Wednesday May 18, 2022 at 3:00 PM to de termine 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 May 5, 2022 after 12 noon to pick up a hearing notification 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 May 7, 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 May 9, 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/govern ment/board -commission/beverage-licensing-authority and then select “Access Meeting Agendas and Materials” and then from the top menu “Beverage Licensing Authority (BLA )” to locate the BLA Rules of Procedure folder, and the BLA Rules of Procedure-Adopted September 21, 2021 version. 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. City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (P) 303 441-4192 (F) 303- 441-1919 Sincerely yours, Mishawn J. Cook Licensing Manager Certified Municipal Clerk Phone: 303-441-3010 Fax: 303-441-1919 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. 7E CO 2, LLC & 7-Eleven, Inc. d/b/a 7-Eleven Store 35069C 1091 13th Street Boulder, CO 80302 Attn: Lori Stanton- Corp. Office ___________________________________ Sent Via Email on 4/13/2022 to: lori.stanton@7-11.com and connie.soria@7-11.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 Note 7-Eleven Store 35069C Fermented Malt 7-Eleven Inc., Attn: License Dept - PO Box 219088, Dallas, TX 75221-9088 electronicrenewals@7-11.com X X X X X X X 146.25 X 7E CO 2 LLC & 7-Eleven, Inc. KENNETH W MONFORT 1091 13TH BOULDER CO 80302 (303) 442 0184 (303) 442 0184 GREELEY CO 80631 04-01153 3-11-2022 1-25-2022 Lori Stanton License Coordinator X X 2-17-2022 Lori Stanton CO Lori Stanton 2-17-202 (303) 442 0184 1091 13TH BOULDER 80302 7E CO 2 LLC & 7-Eleven, Inc. 7E CO 2 LLC & 7-Eleven, Inc. Payment Receipt Confirmation Your payment was successfully processed. Receipt Contact Information Contact Name Contact Email Contact Phone Liquor Enforcement Division dor_liqlicensing@state. co.us 303-205-2300 Contact Url Contact Address https://sbg.colorado.gov /contact-the-liquor-and- tobacco-enforcement- division 1707 Cole Blvd., Suite 300 Lakewood, CO 80401 This online service is provided by a 3rd party working in partnership with the state of Colorado. The price of items purchased through this service includes revenue used to develop, maintain, and enhance the state's official web portal, Colorado.gov. Customer Information Customer Name Company Name Local Reference ID Carey S Himel 7E CO 2 LLC & 7- Eleven, Inc. Store 35069C c3c8c371-165d-48f8- 84f1-7243e9bbf025 Receipt Date Receipt Time 2/17/2022 06:55:31 AM MST Transaction Summary Receipt Confirmation Description Amount DOR Liquor Enforcement Division Payment $146.25 Service Fee $4.06 TOTAL $150.31 Payment Information Payment Type Credit Card Type Credit Card MAST Credit Card Num… Order ID ******6023 182951910 Billing Information Billing Address Billing City, State ZIP/Postal Code Country Phone Number Email Address 19728287101 This receipt has been emailed to the address below. Carey.Himel@7-11.com Attachment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leven, Inc. 7-Eleven Store 35069C Carey Himel 2-21-2022 Authorize Signatories 7E CO 2 LLC & 7-Eleven, Inc. Store 35069C 1091 13TH BOULDER CO 80302 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold , as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, is a formed or registered on under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number . This certificate reflects facts established or disclosed by documents delivered to this office on paper through that have been posted, and by documents delivered to this office electronically through @ . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on @ in accordance with applicable law. This certificate is assigned Confirmation Number . *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State’s Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State’s Web site, http://www.sos.state.co.us/biz/CertificateSearchCriteria.do entering the certificate’s confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http:// www.sos.state.co.us/ click “Businesses, trademarks, trade names” and select “Frequently Asked Questions.” 7E CO 2, LLC Limited Liability Company 20181819782 02/15/2022 02/17/2022 06:36:30 02/17/2022 06:36:30 13801759 10/19/2018 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 April 13, 2022 Sent Via Email to: mac4748@aol.com And Via Certified Mail, Return Receipt Requested Everyday Stores LLC d/b/a Every day Store 5700 1360 W. 13th Avenue Broomfield, CO 80020 Attn: Harbans Lali Re: Fermented Malt Beverage Off-Premise liquor license renewal for 1275 13th Street, Boulder, CO 80302 Dear Mr. Lali: 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 which we first received on March 7, 2022. 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 January 29, 2022), and if the licensee declines to sign an agreement to voluntarily suspend alcohol sales in the even t that the renewed license is issued after the license expiration date (here your license expiration date is March 15, 2022). I note that the city liquor occupation tax has not approved your license renewal. City Licensing awaits response from the city sales tax area. The mentioned Rules direct that the Licensing Clerk has an affirmative duty to review enforcement data related to your establishment. In addition, in an email sent to you on March 15, 2022, I noted the below items which still must be submitted for a legally complete renewal filing (Forms included as Attachment 2): 1) city renewal form, 2) training list and cards, 3) certificate of good standing (explained here), 4) the state renewal fee went up $50 on 1/1/22 so please pay that and then send the state online payment receipt, City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (P) 303 441-4192 (F) 303- 441-1919 Therefore, your business 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 two months from the initial approval of this license. New employees shall take such class within two months of their hire. Re-certification must be undertaken so that they remain current with training b. Licensee should be prepared to address any questions raised as to non-compliance with § 44-4-101 et seq., C.R.S. (pertaining to Fermented Malt Beverage On and Off-Premise 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 licensee 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) Evid enc 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 be at a virtual hearing of the Beverage Licensing Authority on Wednesday May 18, 2022 at 3:00 PM to de termine 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 May 5, 2022 after 12 noon to pick up a hearing notification 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 May 7, 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 May 9, 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/govern ment/board -commission/beverage-licensing-authority and then select “Access Meeting Agendas and Materials” and then from the top menu “Beverage Licensing Authority (BLA )” to locate the BLA Rules of Procedure folder, and the BLA Rules of Procedure-Adopted September 21, 2021 version. In the alternative, I can provide you with a hard copy of the BLA Rules of Procedure at your request. City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (P) 303 441-4192 (F) 303- 441-1919 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 Fax: 303-441-1919 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. Everyday Stores LLC d/b/a Every day Store 5700 1360 W. 13th Avenue Broomfield, CO 80020 Attn: Harbans Lali ___________________________________ Sent Via Email on 4/13/2022 to: mac4748@aol.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 Note 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 April 13, 2022 Sent Via Email to: mlaszlo@laszlolaw.com And Via Certified Mail, Return Receipt Requested Laszlo Law 2595 Canyon Blvd, Suite 210 Boulder, CO 80302 Attn: Mike Laszlo Re: Cured Wines, LLC d/b/a Cured Wines for a Retail Liquor Store license renewal for 1825 Pearl Street, Suite B, Boulder, CO 80302 Dear Mr. Laszlo: Please allow this letter to serve as written acknowledgement that your client’s 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 which we first received on March 8, 2022. 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 March 7, 2022), 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 April 21, 2022). I note that the city liquor occupation tax area would approve your license renewal. We thank you for the no-fee manager change that was received to change the location manager from Will Frischkorn to new manager, Jordan Burghardt. City Licensing awaits response from the city sales tax area. The mentioned Rules direct that the Licensing Clerk has an affirmative duty to review enforcement data related to your establishment. Therefore, your business 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 City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (P) 303 441-4192 (F) 303- 441-1919 two months from the initial approval of this license. New employees shall take such class within two months of their hire. Re-certification must be undertaken so that they remain current with training b. Licensee should be prepared to address any questions raised as to non-compliance with § 44-3-409, C.R.S. (pertaining to Retail liquor store 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 includ e, but shall not be limited to, the following: (A) Evidence that the licensee 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) Evid ence 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 th e 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 license expiration date as dictated by §44-3-302, C.R.S. You will th en be scheduled and are hereby ordered to be at a virtual hearing of the Beverage Licensing Authority on Wednesday May 18, 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 May 5, 2022 after 12 noon to pick up a hearing notification 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 May 7, 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 May 9, 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/govern ment/board -commission/beverage-licensing-authority and then select “Access Meeting Agendas and Materials” and then from the top menu “Beverage Licensing Authority (BLA)” to locate the BLA Rules of Procedure folder, and the BLA Rules of Procedure-Adopted September 21, 2021 version. 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. City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (P) 303 441-4192 (F) 303- 441-1919 Sincerely yours, Mishawn J. Cook Licensing Manager Certified Municipal Clerk Phone: 303-441-3010 Fax: 303-441-1919 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. Laszlo Law 2595 Canyon Blvd, Suite 210 Boulder, CO 80302 Attn: Mike Laszlo ___________________________________ Sent Via Email on 4/13/2022 to: mlaszlo@laszlolaw.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 Note 2 Retail Liquor or Fermented Malt Beverage License Renewal Application Fees Due Renewal Fee Storage Permit $100 X ______ $ Sidewalk Service Area $75.00 $ Additional Optional Premise Hotel & Restaurant $100 X ______$ Related Facility - Campus Liquor Complex $160.00 per facility $ Amount Due/Paid $ Make check payable to: Colorado Department of Revenue. The State may convert your check to a one-time electronic banking transaction. Your bank account may be debited as early as the same day received by the State. If converted, your check will not be returned. If your check is rejected due to insufficient or uncollected funds, the Department may collect the payment amount directly from your banking account electronically. Please verify & update all information below Return to city or county licensing authority by due date Licensee Name Doing Business As Name (DBA) Liquor License #License Type Sales Tax License # Expiration Date Due Date Business Address Phone Number Mailing Address Email Operating Manager Date of Birth Home Address Phone Number 1.Do you have legal possession of the premises at the street address above? Yes No Are the premises owned or rented? Owned Rented* *If rented, expiration date of lease_____________ 2. Are you renewing a storage permit, additional optional premises, sidewalk service area, or related facility? If yes, please see the table in upper right hand corner and include all fees due. Yes No 3a. Since the date of filing of the last application, has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant, been found in final order of a tax agency to be delinquent in the payment of any state or local taxes, penalties, or interest related to a business? Yes No 3b. Since the date of filing of the last application, has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503, C.R.S.? Yes No 4. Since the date of filing of the last application, has there been any change in financial interest (new notes, loans, owners, etc.) or organizational structure (addition or deletion of officers, directors, managing members or general partners)? If yes, explain in detail and attach a listing of all liquor businesses in which these new lenders, owners (other than licensed financial institutions), officers, directors, managing members, or general partners are materially interested. Yes No 5. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) been convicted of a crime? If yes, attach a detailed explanation. Yes No 6. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) been denied an alcohol beverage license, had an alcohol beverage license suspended or revoked, or had interest in any entity that had an alcohol beverage license denied, suspended or revoked? If yes, attach a detailed explanation. Yes No 7. Does the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) have a direct or indirect interest in any other Colorado liquor license, including loans to or from any licensee or interest in a loan to any licensee? If yes, attach a detailed explanation. Yes No DR 8400 (07/24/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Submit to Local Licensing Authority 277.50 277.50 Cured Wines LLC Cured Wines 28-70777-0000 Liquor Store (city)04/21/2022 03/07/2022 1825 Pearl Street, Suite B Boulder, CO 80302-5527 (720) 352-2331 1825 Pearl Street, Suite B Boulder, CO 80302-5527 jordan.burghardt@dedaluswine.com Jordan Burghardt Boulder, CO 03/31/2026 #4 – Yes, See LIQ2021-00466: CURED- Officer and Ownership change-100% LLC share sale to Dedalus Wine Group, Inc. Currently processing with the City of Boulder. 3/17/22, 6:03 PM Common Checkout Payment Receipt https://securecheckout.cdc.nicusa.com/Checkout/Receipt?mode=print 1/2 Payment Receipt Confirmation Your payment was successfully processed. Receipt Contact Information Contact Name Contact Email Contact Phone Liquor Enforcement Division dor_liqlicensing@state. co.us 303-205-2300 Contact Url Contact Address https://sbg.colorado.gov /contact-the-liquor-and- tobacco-enforcement- division 1707 Cole Blvd., Suite 300 Lakewood, CO 80401 This online service is provided by a 3rd party working in partnership with the state of Colorado. The price of items purchased through this service includes revenue used to develop, maintain, and enhance the state's official web portal, Colorado.gov. Customer Information Customer Name Company Name Local Reference ID Justin Sargent Cured Wines LLC 69b33491-3075-40f1- 95f3-a380fe8d91de Receipt Date Receipt Time 3/17/2022 04:03:38 PM MDT Payment Information Transaction Summary Receipt Confirmation Description Amount DOR Liquor Enforcement Division Payment $50.00 Service Fee $1.00 TOTAL $51.00 3/17/22, 6:03 PM Common Checkout Payment Receipt https://securecheckout.cdc.nicusa.com/Checkout/Receipt?mode=print 2/2 Payment Type Electronic Check Account Number Order ID ******0391 184580296 Billing Information Billing Address Address 2 Billing City, State ZIP/Postal Code Country Phone Number Email Address (800) 783-0012 This receipt has been emailed to the address below. accountingCO@dedalu swine.com 3/17/22, 5:54 PM Common Checkout Payment Receipt https://securecheckout.cdc.nicusa.com/Checkout/Receipt?mode=print 1/2 Payment Receipt Confirmation Your payment was successfully processed. Receipt Contact Information Contact Name Contact Email Contact Phone Liquor Enforcement Division dor_liqlicensing@state. co.us 303-205-2300 Contact Url Contact Address https://sbg.colorado.gov /contact-the-liquor-and- tobacco-enforcement- division 1707 Cole Blvd., Suite 300 Lakewood, CO 80401 This online service is provided by a 3rd party working in partnership with the state of Colorado. The price of items purchased through this service includes revenue used to develop, maintain, and enhance the state's official web portal, Colorado.gov. Customer Information Customer Name Company Name Local Reference ID Justin Sargent Cured Wines LLC 0dda95c3-4c61-4494- a96d-7a192bcf71ea Receipt Date Receipt Time 3/17/2022 03:54:31 PM MDT Payment Information Transaction Summary Receipt Confirmation Description Amount DOR Liquor Enforcement Division Payment $227.50 Service Fee $1.00 TOTAL $228.50 3/17/22, 5:54 PM Common Checkout Payment Receipt https://securecheckout.cdc.nicusa.com/Checkout/Receipt?mode=print 2/2 Payment Type Electronic Check Account Number Order ID ******0391 184579836 Billing Information Billing Address Address 2 Billing City, State ZIP/Postal Code Country Phone Number Email Address (800) 783-0012 This receipt has been emailed to the address below. accountingCO@dedalu swine.com ,/2&2&-!)2 $$2'),#$,202 $+$2.+&$2 0 X   12     2 2 2 !,, !$$ , , (!, $, '&!&+, ,&!,&&,&,$,,,&,,, '!,$,&&,, ((,,$!($,,,!,! '!,&,&&,,$$,,$&&!(,!$$,(", ,$#,&!,)&,,&$,,!$,,!,,&$,,!,&,!,!!,,&&, $',&!, %,(, !, &,&, &!,!, &!, &,"+2%&,2,,2 ,*%%2+2 %&,2 (,º3,)#$2 :&&# 2 ,)$$2 W,2 !.2 $+,)-,&)2 W!!2 B2 ',2 $, , '&, &, ),!,,&&,!&&$,,&!,!$,!,&!,(,,&!,&,!,, $&,*,                                 ! "  ) ) ) ) ) ) ) )                *AMESº&AY $AVIDº-YERS +ATHERINEº/LWIN %MMAº(AMPSTEN !NTHONYº/LWIN ,ENAº-ILLER *ORDANº"URGHARDT Cured Wines LLC 1825 B Pearl Street Boulder, CO 80302 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold , as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, is a formed or registered on under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number . This certificate reflects facts established or disclosed by documents delivered to this office on paper through that have been posted, and by documents delivered to this office electronically through @ . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on @ in accordance with applicable law. This certificate is assigned Confirmation Number . *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State’s Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State’s Web site, http://www.sos.state.co.us/biz/CertificateSearchCriteria.do entering the certificate’s confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http:// www.sos.state.co.us/ click “Businesses, trademarks, trade names” and select “Frequently Asked Questions.” Cured Wines, LLC Limited Liability Company 20101679350 03/14/2022 03/15/2022 14:43:01 03/15/2022 14:43:01 13868985 12/15/2010 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 Eŝ,tŽƌŬƐƉĂĐĞƐ͕>> ϰϱϳϭƌŽĂĚǁĂLJ^ƚƌĞĞƚ ŽƵůĚĞƌ͕KϴϬϯϬϰ ATTN: :ĞƐƐĞĂLJ via emailũĞƐƐĞΛŶŝĐŚĞǁŽƌŬƐƉĂĐĞƐ͘ĐŽŵ RE: dŚĞEŝ,ǀĞŶƚ^ƉĂĐĞ Proposed Premise Location: ϰϱϳϭƌŽĂĚǁĂLJ^ƚƌĞĞƚ͘ŽƵůĚĞƌ͕KϴϬϯϬϰ FOR A New dĂǀĞƌŶ 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 dĂǀĞƌŶ type liquor license, an investigation has been made and based on the results thereof the following has been determined: ϭ͘APPLICATION 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 KĐƚŽďĞƌϭϯ, 2021. Ϯ͘PREVIOUS DENIALS AT THE SAME LOCATION Responsive to C.R.S. §44-3-313 (1)a et seq. and BLA Rules of Procedure, Subsection ϱͲ1-1 (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. ϯ͘POSSESSION 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 DĂLJϯϭ, 202ϰ. ϰ͘ZONING 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. ϱ͘PROXIMITY 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): JĞƐƐĞĂLJͲ 100% owner >ŵĞŵďĞƌƐƐŚŽƵůĚƉůĞĂƐĞƌĞĨĞƌƚŽƚŚĞĂĚĚŝƚŝŽŶĂůďŽĂƌĚŵĞŵďĞƌ ĂƚƚĂĐŚŵĞŶƚƚŚĂƚǁĂƐƐŚĂƌĞĚŝŶĂƐĞƉĂƌĂƚĞƐĞĐƵƌĞĨŽůĚĞƌ͘ Prior Administration and Operational Characteristics: JĞƐƐĞĂLJĚŽĞƐŶŽƚ hold ownership in ĂŶLJ liquor licensed locations͘,ŽǁĞǀĞƌ͕Dƌ͘ĂLJ ĚŝƐĐůŽƐĞĚƚŚĂƚŚŝƐŐƌĂŶĚĨĂƚŚĞƌ͕&ƌĂŶŬĂLJ͕ĚŽĞƐŚŽůĚŽǁŶĞƌƐŚŝƉŝŶƚŚĞĨŽůůŽǁŝŶŐůŝƋƵŽƌůŝĐĞŶƐĞĚ ůŽĐĂƚŝŽŶƐ͗ 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, ƉƌŝůϮϬ, 202Ϯ 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. Ɖƌŝůϳ, 202Ϯ BEVERAGE LICENSING AUTHORITY CITY OF BOULDER, COLORADO :ŽŶzƐůĂƐ Licensing Specialisƚ Regulatory Licensing Division OF BOULDER, COL Food & Drink Menu Food Sandwiches x Turkey and cheese x Ham and cheese x Salami Light Snacks x Chips x Pretzels x Popcorn x Goldfish x Assorted crackers x Candy x Chocolate Drink x Cocktails – margarita, Manhattan, old fashioned, martini, Moscow mule, gin & tonic, vodka tonic, tequila soda, rum & coke, bourbon & coke, tequila ginger, vodka red bull x Wine – assorted red & white wines x Beer – assorted bottled beers x Hard seltzer x Soft drinks – coke, diet coke, sprite, ginger ale, dr. pepper, diet dr. pepper x Other non-alcoholic beverages – seltzers (plain and flavored) x Water Alcohol Service Policy It is the Company's policy that no minor or intoxicated person shall be served alcoholic beverages. Employees who willfully violate this policy will be terminated immediately. Any employee who negligently serves a minor or an intoxicated person will be counseled on proper service technique and will be terminated on the second violation of this policy. Employees must card anyone ordering an alcoholic beverage that does not appear to be well over the age of 30. When attempting to illegally purchase alcohol, minors usually exhibit behavior that should be easily identifiable by the astute server or seller. As with anyone who is attempting a dishonest act, minors may appear anxious or nervous; stutter, stammer or confuse their words; avoid eye contact with the seller; appear overly or inappropriately friendly, confident, boisterous or outgoing. When serving alcohol to our customers, you should take reasonable precautions. Taking steps to prevent alcohol abuse in our establishment can help protect the public from harm, and keep you from being named in a liquor liability suit. As an alcohol server, you should know the laws and regulations concerning the serving and consumption of alcohol within licensed premises. Serving under aged and intoxicated persons is unlawful and can have criminal penalties. Furthermore if an intoxicated person, after leaving our establishment, should be involved in an accident the injured parties may file a lawsuit against you. Follow some simple guidelines when serving alcohol and prevent this from happening to you. Serve one drink at a time; never bring two or three drinks at once to a single person. If someone arrives or begins to show any sign of over consumption of alcohol, it is your job to make sure you do not over serve the individual. The following are some suggestions of ways to slow down consumption if you suspect there is a possibility of over serving the individual or group: x Offer or suggest the sale of protein food or appetizers x Do not offer coffee or other caffeinated drink; this may cover the true extent of the patron's intoxication x Suggest low alcohol content or filling drinks such as ice cream drinks x Serve water or fruit juices with all straight drinks Despite all your good efforts, a customer may become intoxicated and should not be served additional alcohol. If this occurs, every effort should be made to stop alcohol service. Here are some suggestions to use when “cutting off” a customer. x Avoid a confrontation. x Do not attempt any physical confrontation. x Make the manager and all personnel aware of the problem. x Bring menus to the table or casually suggest an appetizer. x Suggest an alternative form of transportation. If the patron insists on driving report this to your supervisor at once. It is essential that a manager be aware of any potential situation where you believe there is a chance of over serving a guest. Remember, if a guest is over served and leaves the restaurant and hurts someone, the authorities will hold YOU responsible along with the management of the restaurant. It is not inconceivable that YOU could be called to court and even serve jail time. Always remember-there is no reason over service should occur. Use your own “common sense” as well as what you have learned in your TABC Server Certification course and the above helpful hints, and there should never be a problem. /PWFNCFS  9 9 9 $JUZPG#PVMEFS 9 Frank Day Restaurants Restaurant Address Table Mountain Inn & Grill 1310 Washington Ave, Golden CO 80401 Humbolt Kitchen & Bar 1700 Humboldt Street, Denver CO 80218 Stout Street Social 1400 Stout Street, Denver CO 80202 Frank's Chophouse 921 Walnut Street, Boulder CO 80302 Spruce Farm & Fish 2115 13th Street, Boulder CO 80302 Cleveland Chop 824 St. Claire Ave, Cleveland OH 44113 License No. 1 2115 13th Street, Boulder CO 80302 Fillmore Pizza Kitchen 3150 N. Chestnut St., Colorado Springs CO 80907 The Corner Bar 2115 13th Street, Boulder CO 80302 ARTORG_LLC Page 1 of 3 Rev. 12/01/2012 Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is ______________________________________________________. (The name of a limited liability company must contain the term or abbreviation “limited liability company”, “ltd. liability company”, “limited liability co.”, “ltd. liability co.”, “limited”, “l.l.c.”, “llc”, or “ltd.”. See §7-90-601, C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company’s initial principal office is Street address ______________________________________________________ (Street number and name) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (ZIP/Postal Code) _______________________ ______________ (Province – if applicable) (Country) Mailing address ______________________________________________________ (leave blank if same as street address) (Street number and name or Post Office Box information) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (ZIP/Postal Code) _______________________ ______________. (Province – if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company’s initial registered agent are Name (if an individual) ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) or (if an entity) ______________________________________________________ (Caution:Do not provide both an individual and an entity name.) Street address ______________________________________________________ (Street number and name) ______________________________________________________ __________________________ CO ____________________ (City) (State) (ZIP Code) Mailing address ______________________________________________________ (leave blank if same as street address) (Street number and name or Post Office Box information) ______________________________________________________ Day Niche Workspaces, LLC CO Boulder 80302 954 Pearl Street United States 80302 954 Pearl Street Boulder Philip Colorado Secretary of State Date and Time: 09/12/2016 12:12 PM ID Number: 20161615826 Document number: 20161615826 Amount Paid: $50.00 ARTORG_LLC Page 2 of 3 Rev. 12/01/2012 __________________________ CO ____________________. (City) (State) (ZIP Code) (The following statement is adopted by marking the box.) The person appointed as registered agent has consented to being so appointed. 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) or (if an entity) ______________________________________________________ (Caution:Do not provide both an individual and an entity name.) Mailing address ______________________________________________________ (Street number and name or Post Office Box information) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (ZIP/Postal Code) _______________________ ______________. (Province – if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box.) one or more managers. or the members. 6.(The following statement is adopted by marking the box.) There is at least one member of the limited liability company. 7.(If the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains additional information as provided by law. 8.(Caution:Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are __________________________. (mm/dd/yyyy hour:minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ✔ United States Boulder 80302 Day ✔ CO Philip ✔ 954 Pearl Street ARTORG_LLC Page 3 of 3 Rev. 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) ______________________________________________________ (Street number and name or Post Office Box information) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (ZIP/Postal Code) _______________________ ______________. (Province – if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user’s legal, business or tax advisor(s). United States CO Day 954 Pearl Street 80302 Philip Boulder TRDNM_RE Page 1 of 2 Rev. 12/01/2012 Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. ABOVE SPACE FOR OFFICE USE ONLY Statement of Trade Name of a Reporting Entity filed pursuant to §7-71-103 and §7-71-107 of the Colorado Revised Statutes (C.R.S) 1. For the reporting entity delivering this statement, its ID number, true name, form of entity and the jurisdiction under the law of which it is formed are ID Number _________________________ (Colorado Secretary of State ID number) True name ______________________________________________________ Form of entity ______________________________________________________ Jurisdiction ______________________________________________________. 2. The trade name under which such entity transacts business or conducts activities or contemplates transacting business or conducting activities in this state is ______________________________________________________________________________________. 3. A brief description of the kind of business transacted or activities conducted or contemplated to be transacted or conducted in this state under such trade name is ______________________________________________________________________________________. 4.(If the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains additional information as provided by law. 5.(Caution:Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document are ____________________________. (mm/dd/yyyy hour:minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that such document is such individual's act and deed, or that such individual in good faith believes such document is the act and deed of the person on whose behalf such individual is causing such document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S. and, if applicable, the constituent documents and the organic statutes, and that such individual in good faith believes the facts stated in such document are true and such document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is identified in this document as one who has caused it to be delivered. 20161615826 Niche Workspaces, LLC Limited Liability Company Colorado NiCHE Event Space Events venue Colorado Secretary of State Date and Time: 04/16/2021 03:49 PM ID Number: 20211364667 Document number: 20211364667 Amount Paid: $20.00 TRDNM_RE Page 2 of 2 Rev. 12/01/2012 6. The true name and mailing address of the individual causing this document to be delivered for filing are ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) ______________________________________ (Street number and name or Post Office Box information) ______________________________________________________ __________________________ ________________________ (City) (State) (Postal/Zip Code) _______________________ ______________. (Province – if applicable) (Country – if not US) (If the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user’s legal, business or tax advisor(s). Day Jesse Berthoud CO 80513 United States ADMINISTRATIVE REVIEW NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department: DECISION: APPROVED DATE: October 8, 2021 REQUEST TYPE: Zoning Verification Letter ADDRESS: 4571 BROADWAY APPLICANT: JESSE DAY, THE NICHE EVENT SPACE CASE NUMBER: ADR2021-00067 LEGAL DESCRIPTION: TR 1754-A-1 & TR 1754-H-1 & 1754-H-2 13-1N-71 .93 AC M/L AS DESCRIBED REC NO 335135 05/02/79 BCR, DESCRIPTION: Zoning confirmation for BLA for the Niche Event space. LAND USES The proposed use by NiCHE Workspaces LLC D/B/A the NiCHE Event Space, located at 4571 Broadway has been identified under Section 9-6-1, B.R.C. 1981 to meet the following: Zoning District: IMS/BMS Proposed Use: Indoor Amusement Establishment Discretionary Review(s): LUR2021-00067 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 NiCHE Workspaces LLC D/B/A the NiCHE Event Space to operate at 4571 Broadway with the following operational characteristics: Indoor Premise: 2,076 Outdoor Patio: 299 Indoor Seating Capacity: 130 Outdoor Seating Capacity: N/A Hours of Operation: 8:00am – 12:00am, Sunday - Saturday Hours of Operation for Outdoor Patio: N/A 2 The applicant shall be responsible for ensuring that the development is compliant with the Written Statement dated October 8, 2021 and final approved plans dated October 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. 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, LUR2021-00067. 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 y not be appealed.A new requues Ali Bl i Pl i Dt 10/8/202110/8/2021 10/8/202110/8/2021 10/8/202110/8/2021 10/8/202110/8/2021 Alcohol Petition ing Services P.O. Box 998 Johnstown, CO 80534 (303) 710-3424 April 11, 2022 TO: City of Boulder Regulatory Licensing Division 1136 Alpine Avenue Boulder, CO 80304 REF: NiCHE Workspaces, LLC dba The NiCHE Event Space 4571 Broadway Street Boulder, CO 80304 Survey Overview Survey of the Reasonable Requirements and Desires of the Neighborhood for the following: New Tavern Type Liquor License Applicant: NiCHE Workspaces, LLC dba The NiCHE Event Space Applicant’s Licensed Premises Location: 4571 Broadway Street Boulder, CO 80304 NiCHE Workspaces, LLC 2 | Page Survey Methodology The circulators were over 21 years old. Each circulator had a clipboard with the following: 1. A map of the designated area provided by the Regulatory Licensing Division describing the boundaries of the defined neighborhood. 2. A copy of the Existing Licenses List provided by the Regulatory Licensing Division. 3. The Liquor License Application Summary Page for Door to Door Neighborhood Petitioning. 4. Business and Resident petition forms for a new tavern type liquor license provided by the City of Boulder Regulatory Licensing Division that included a section where people contacted could indicate their support (in favor) or opposition for the liquor license. 5. A tally sheet to record the results of those who did not sign. People contacted were shown the petition form and the information provided by the Regulatory Licensing Division. Each person was asked to read the provided information and was verbally told of the license type being applied for, site location, applicant’s name. Each person who signed the petition indicated they were either an owner/manager of a business or resident located within designated area. Each signature was freely and voluntarily given without any influence of the circulator. Survey Circulators and Dates Circulators conducted the survey on the following dates: 5 Circulators - Saturday, April 2, 2022 1 Circulator – Thursday, April 7, 2022 1 Circulator – Friday, April 8, 2022 3 Circulators – Saturday, April 9, 2022 NiCHE Workspaces, LLC 3 | Page 2 Circulators – Sunday, April 10, 2022 Survey Statistics Summary of Signatures Obtained Businesses…………… 24 Residences…………..100 Total 124 Details of Signatures Obtained Businesses Residents Total Signatures in Favor - “Yes” 24 96 120 Signatures in Opposition – “No” 0 4 4 Total 24 100 124 Statistical Analysis of Signatures In Favor……………… 96.8% In Opposition…….… 3.2% Details of Opposition Reason Businesses Residents Total Needs and Desires 0 0 0 Noise 0 1 1 Against Liquor 0 1 1 Too Close to Their Home 0 2 2 Total 0 4 4 NiCHE Workspaces, LLC 4 | Page Summary of Contact Attempts Total Ratio of Total Attempts Signatures Obtained 124 23.7% Not at Home 302 57.8% Not Willing To Sign 72 13.7% Owner/Manager Not Available 25 4.8% Total Knocks 523 100.0% Summary of Actual Contacts Total Contacts Number % of Total Contacts Business 59 26.7% Residents 162 73.3% Total 221 100.0% Reason for Contacts Not Willing To Sign Not Interested 21 No Opinion 17 None Given 14 Wanted More Information 9 Too busy 5 Did Not Want to Sign 5 Did Not Want to Get Involved 1 Total 72 Disqualified Signatures (Indicated by green “D” on the signature page) Reason Disqualified In Favor Opposed Did Not Provide Address 1 0 Total 1 0 NiCHE Workspaces, LLC 5 | Page Statistical Analysis With Disqualifiers Businesses Residents Total Signatures in Favor - “Yes” 24 95 119 Signatures in Opposition – “No” 0 4 4 Total 24 99 123 In Favor……………… 96.7% In Opposition…….… 3.3% Statistical Analysis For Needs and Desires Signatures in Favor - “Yes” 24 95 119 Signatures in Opposition – “No” 0 0 0 Total 24 95 119 In Favor……………… 100.0% In Opposition…….… 0.0% Report Attachments Included in this report are the following: 1. A copy of the petitions where signatures were obtained in favor or opposition of the New Tavern Type Liquor License. 2. Affidavits of Circulators for signatures obtained. 3. A map indicating the area where circulators petitioned. 4. Neighborhood Needs & Desires Petition Summary Sheet. 5. Photographs of Posting. NiCHE Workspaces, LLC 6 | Page Report Prepared and Submitted by: _____________________________ Patrick Maroney President PS Logistics, LLC d/b/a Alcohol Petitioning Services Not at Home: Not Qualified: Refuse to Sign: Needs & Desires Already Met: Religious Objection: Remained Neutral: Alcohol Usage Objections: No Reason Given: _302___________ __25___________ __72___________ ___0___________ ___0___________ ___17__________ ____1__________ ____14_________ TOTAL # IN FAVOR ____119____ TOTAL # OPPOSED ______0_______ PRE-FILE DUE DATE FOR PETITIONS: MONDAY $35,/ Neighborhood Needs & Desires Petition Summary Sheet Applicant: Niche Workspaces, LLC Trade Name: The NICHE Event Space Business Location: 4571 Broadway, Boulder CO 80304 Date(s) of Petitioning: April 2nd, 7th, 8th,9th and 10th Defined Neighborhood:NORTH – Boulder City Limits SOUTH – Iris EAST – 26th Street, Extended WEST – Boulder City Limits Total Contacts: __523__ Liquor License Application Summary Page for Door to Door Neighborhood Petitioning Applicant: Niche Workspaces, LLC Trade Name: The NICHE Event Space Business Location: 4571 Broadway, Boulder CO 80304 Occupancy: Indoor Seating: 130 Outdoor Seating: 0-Patio not incl. in alcohol service Square Footage: 2,076 Business Description: Indoor Event/Entertainment Venue Operating Hours: 8AM-12AM 7 days/week Same # of Licenses in area: 1 Application Type: New Tavern Type Liquor License Defined Neighborhood: NORTH- Boulder City Limits SOUTH- Iris EAST-26th Street, Extended WEST-Boulder City Limits Date and Location of Beverage Licensing Authority Hearing to provide comment: Wednesday $SULO at 3PM Virtual MeetingVisit https://bouldercolorado.gov/government/board- commission/beverage-licensing-authority 30 minutes prior to meeting for meeting link Applicant LocationFoothills Hwy14th St10th StQuince Ave Folsom StHawthorn Ave Spotswood Pl15th StBroadwayDak o t a B l v d Kalmia Ave 18th StUpland Ave Laramie Bl v d Juniper Ave D e n v e r S t 14th St26th St19th St8th StVineyard Pl10th StGrape Ave Avocado Rd Forest Ave Broadway14th St13th St4th StCactus Ct Vi s ta D r Kalmia Ave Norwood Ave Utica Ave Agate R d2nd StAm b e r S t Kirkwood Pl4th StKincaid PlGarnet Ln15th St8th StJay Rd 17th St9th StHawthorn A v eBeaver WayUpland Ave Cloverleaf Dr28th St26th St16th StCatalpa WayMof f i t C t Yarmouth Ave Violet Ave Iris Ave Lee Hill D r 5th StLinden DrSpring Va l ley Dr16th StOr a n g e C t 16th StWonderland Hill AveRedwood Ave Ir is Ct Poplar Ave Keller Farm Dr Neher Ln13th StPremier Pl Moss Rock Pl Cherry Ave6th StRiverside Ave9th St25th StBi rchwood D r Poplar Ave Oak AveOakle af Cir Vine Ave Kalmia Ave Sumac Ave Tamarack Ave Meadow Ave Locust Ave Glenwood Dr Topaz Dr Linden Ave N T e r r a c e C i r Linden Ave 21st StBroadwayS Cedar Brook Rd4th StWelsh PlJuniper Ave Cin n a m o n C i r Iris AvePine Need le Rd Wagonwheel Gap RdOlde Stage RdN Cedar Brook RdLee Hill D r Hank Roberts Lake Wonderland Lake Neighborhood Map for a New Tavern type Liquor License The NICHE Event Space • 4571 Broadway 1 inch = 1,800 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: NICHE Workspaces, LLC Trade Name: The NICHE Event Space Location: 4571 Broadway License Type: New Tavern City of Boulder PERMIT_NUMLicenseNumLicenseeTrandeNameAddressLicenseClassLIQ2017-0013542-71288-0002Occom Holdings, LLC (Uptown)AMANTE UPTOWN4580 Broadway Ste A, Boulder, CO 80304-4802Tavern DATE OF PETITIONING: ___________________________________________ TIME OF PETITIONING: _________________________ Resident Petition Form Applicant: Niche Workspaces, LLCTrade Name: The NICHE Event SpaceApplication Type: New Tavern Type Liquor License Business Location [See Map]: 4571 Broadway, Boulder CO 80304 Previous Business: Co-Working Space Date & Time of Hearing: Wednesday $SULO 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’SDATE PETITION ISSUE: TThis petition/opinion poll is being conducted to determine the reasonable requirements, needs and desires of the adult inhabittants of the defined nneighborhood per C.R.S. 444-4 and 44-3, the Colorado Beer and Liquor Codes, and per local licensing authority rules/procedures. [*] If you favor and support this NEW TAVERN 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 TAVERN 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: _________________________ Business Petition Form Applicant: Niche Workspaces, LLC Trade Name: The NICHE Event SpaceApplication Type: New Tavern Type Liquor License Business Location [See Map]: 4571 Broadway, Boulder CO 80304 Previous Business: Co-Working Space Date & Time of Hearing: Wednesday $SULO 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: TThis petition/opinion poll is being conducted to determine the reasonable requirements, needs and desires of the adult inhabittants of the defined nneighborhood per C.R.S. 444-4 and 44-3, the Colorado Beer and Liquor Codes, and per local licensing authority rules/procedures. [*] If you favor and support this NEW TAVERN 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 TAVERN 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:_________________________ Neighborhood Needs & Desires Petition Summary Sheet Applicant: Niche Workspaces, LLC Trade Name: The NICHE Event Space Business Location: 4571 Broadway, Boulder CO 80304 Date(s) of Petitioning: Defined Neighborhood: NORTH – Boulder City Limits SOUTH – Iris EAST – 26th Street, Extended WEST – Boulder 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 $35,/ 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 Pars Gas & Food Inc. 5500 Arapahoe Avenue Boulder, CO 80303 ATTN: Shervin Kordouni email SHKVORDOUNI@YAHOO.com RE: Buffalo Gas Proposed Premise Location: 5500 Arapahoe Avenue. Boulder, CO 80303 FOR A New Fermented Malt Beverage-Off Premise 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 Fermented Malt Beverage-Off Premise 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 March 7, 2022. 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 Owned By Applicant. 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): Shervin Kordouni - 100% owner BLA members should please refer to the additional board member attachment that was shared in a separate secure folder. Prior Administration and Operational Characteristics: Shervin Kordouni does not hold ownership in any liquor licensed locations. 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. BEVERAGE LICENSING AUTHORITY CITY OF BOULDER, COLORADO 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, May 18, 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. May 6, 2022 Raymond Jefferson Licensing Specialist Regulatory Licensing Division City of Boulder 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 LocationAirport RdC u r i e C t 3 8th St Pearl Pkw y49th StInca PkwyChippewa Dr Monroe Dr Cherryvale RdCommerce StRange StC e n t e n n i a l Tr lMacarthur DrBaseline Rd Baseline Rd Pennsylvania Ave Ara pahoe Rd C y p r e s s D r Gapter RdPatton Dr48th StWalnut St Aztec DrN 55th St4 7th St Minshal RdConestoga StMerritt Dr61st StLandis CtC o lo r a d o A v e 38th St62nd St48th StM oha w k Dr E A u r o r a A v e W Sterling CirMcintire StKennedy CtFoothills PkwySterling Dr V a l m o n t R d 57th Ct48th CtStearns Ave63rd StBaseline Rd Evans DrEisenhower Dr55th StTobys Ln Franklin Dr Sycamore AveF o o t h ills P k wy Mallard CtReserve Dr Laurel Ave Pin o n Dr Edison Ave Lawn StMcsorley LnCassin CtVa l m o n t R d Forsythe Pl Flatiron Ct Ara pahoe Ave Meadow Glen DrAra pahoe Ave White Pl Sim m o ns D r55th StH arris o n A v e N 55th StW aite D r Fairw ay Ct Dimmit Dr Pintail CirM org a n D r Manhattan DrBrookl awn DrOreg Ave S te r lin g D r Flatiron Pkwy P e a r l S t Laguna Pl39th StButte Mill RdIndian RdVa lmont R d Old Tale RdStazio DrNeighborhood Map for a New Fermented Malt Beverage Off-Premise type Liquor License • Buffalo Gas • 5500 Arapahoe Ave 1 inch = 1,600 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: Pars Gas & Food Inc. Trade Name: Buffalo Gas Location: 5500 Arapahoe Ave License Type: New Fermented Malt Beverage Off-Premise City ofBoulder PARS GAS & FOOD, INC Document processing fee If document is filed on paper $125.00 If document is filed electronically $ 25.00 Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. ABOVE SPACE FOR OFFICE USE ONLY Articles of Incorporation filed pursuant to §7-90-301, et seq. and §7-102-102 of the Colorado Revised Statutes (C.R.S) 1. Entity name: ______________________________________________________ (The name of a corporation must contain the term or abbreviation “corporation”, “incorporated”, “company”, “limited”, “corp.”, inc.”, “co.” or “ltd”; If the corporation is a professional corporation, it must contain the term or abbreviation “professional corporation”, “p.c.”, or “pc” §7- 90-601, C.R.S.) 2. Use of Restricted Words (if any of these terms are contained in an entity name, true “bank” or “trust” or any derivative thereof name of an entity, trade name or trademark “credit union” “savings and loan” stated in this document, mark the applicable “insurance”, “casualty”, “mutual”, or “surety” box): 3. Principal office street address: ______________________________________________________ (Street name and number) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (Postal/Zip Code) _______________________ ______________ (Province – if applicable) (Country – if not US) 4. Principal office mailing address: ______________________________________________________ (if different from above): (Street name and number or Post Office Box information) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (Postal/Zip Code) _______________________ ______________ (Province – if applicable) (Country – if not US) 5. Registered agent: (if an individual): ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) OR (if a business organization): ______________________________________________________ 6. The person appointed as registered agent in the document has consented to being so appointed. 7. Registered agent street address: ______________________________________________________ (Street name and number) ______________________________________________________ __________________________ CO ____________________ (City) (State) (Postal/Zip Code) ARTINC_PC Page 1 of 3 Rev. 11/16/2005 THORNTON SHAHABKORDOUNI 80602THORNTON 13835 FILLMORE STREET PARS GAS & FOOD, INC. CO 13835 FILLMORE STREET 80602 United States Colorado Secretary of State Date and Time: 08/10/2006 03:37 PM Id Number: 20061328868 Document number: 20061328868 8. Registered agent mailing address: ______________________________________________________ (LEAVE BLANK if same as above) (Street name and number or Post Office Box information) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (Postal/Zip Code) _______________________ ______________ (Province – if applicable) (Country – if not US) 9. If the corporation’s period of duration is less than perpetual, state the date on which the period of duration expires: _____________________ (mm/dd/yyyy) 10. (OPTIONAL) Delayed effective date: ______________________ (mm/dd/yyyy) 11. Name(s) and address(es) of incorporator(s): (if an individual) ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) OR (if a business organization) ______________________________________________________ ______________________________________________________ (Street name and number or Post Office Box information) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (Postal/Zip Code) _______________________ ______________ (Province – if applicable) (Country – if not US) (if an individual) ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) OR (if a business organization) ______________________________________________________ ______________________________________________________ (Street name and number or Post Office Box information) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (Postal/Zip Code) _______________________ ______________ (Province – if applicable) (Country – if not US) (if an individual) ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) OR (if a business organization) ______________________________________________________ ______________________________________________________ (Street name and number or Post Office Box information) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (Postal/Zip Code) _______________________ ______________ (Province – if applicable) (Country – if not US) ARTINC_PC Page 2 of 3 Rev. 11/16/2005 13835 FILLMORE STREET KORDOUNI THORNTON CO United States United States GHOLAMALI United States THORNTON SHAHABKORDOUNI 80602 CO 80602 13835 FILLMORE STREET (If there are more than three incorporators, mark this box and include an attachment stating the true names and mailing addresses of all additional incorporators.) 12. The corporation is authorized to issue ________ shares of common stock. (number) (Additional classes of capital stock may be authorized and additional information regarding the corporation’s stock may be stated, mark this box and include an attachment stating pertinent information.) 13. Additional information may be included pursuant to §7-102-102, C.R.S. and other organic statutes such as title 12, C.R.S. If applicable, mark this box and include an attachment stating the additional information. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 14. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) ______________________________________________________ (Street name and number or Post Office Box information) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (Postal/Zip Code) _______________________ ______________ (Province – if applicable) (Country – if not US) (The document need not state the true name and address of more than one individual. However, if you wish to state the name and address of any additional individuals causing the document to be delivered for filing, mark this box and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user’s attorney. ARTINC_PC Page 3 of 3 Rev. 11/16/2005 49,000 SHAHAB 13835 FILLMORE STREET 80602THORNTON United States CO KORDOUNI Document must be filed electronically Paper documents will not be accepted. Document processing fee $1.00 Fees & forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. ABOVE SPACE FOR OFFICE USE ONLY Statement of Trade Name of a Reporting Entity filed pursuant to §7-71-103 and §7-71-107 of the Colorado Revised Statutes (C.R.S) 1. For the reporting entity delivering this statement, its ID number, true name, form of entity and the jurisdiction under the law of which it is formed are ID Number _________________________ (Colorado Secretary of State ID number) True name ______________________________________________________ Form of entity ______________________________________________________ Jurisdiction ______________________________________________________. 2. The trade name under which such entity transacts business or conducts activities or contemplates transacting business or conducting activities in this state is ______________________________________________________________________________________. 3. A brief description of the kind of business transacted or activities conducted or contemplated to be transacted or conducted in this state under such trade name is ______________________________________________________________________________________. 4. (If the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains additional information as provided by law. 5. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document are ____________________________. (mm/dd/yyyy hour:minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that such document is such individual's act and deed, or that such individual in good faith believes such document is the act and deed of the person on whose behalf such individual is causing such document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S. and, if applicable, the constituent documents and the organic statutes, and that such individual in good faith believes the facts stated in such document are true and such document complies with the requirements of that Part, the constituent documents, and the organic statutes. TRDNM_RE Page 1 of 2 Rev. 5/30/2006 20061328868 Colorado gas station PARS GAS & FOOD, INC. Corporation Buffalo Gas Colorado Secretary of State Date and Time: 03/14/2007 02:37 PM Id Number: 20061328868 Document number: 20071131757 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is identified in this document as one who has caused it to be delivered. 6. The true name and mailing address of the individual causing this document to be delivered for filing are ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) ______________________________________________________ (Street number and name or Post Office Box information) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (Postal/Zip Code) _______________________ ______________. (Province – if applicable) (Country – if not US) (If the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user’s legal, business or tax advisor(s). TRDNM_RE Page 2 of 2 Rev. 5/30/2006 United States 13835 Fillmore Street CO 80602Thornton Kordouni Shahab City City of Boulder Planning & Development Services 1739 Broadway, Third Floor Boulder, CO 80306-0791 Phone: 303-441-1880 Web: boulderplandevelop.net Zoning Confirmation Application for Beverage Licensing Authority Attachment to Administrative Review Application Form Responsive to C.R.S. 12-47-313(1) and (1)c which states in pertinent part, "(0) 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 zoming laws of the municipality., city and county, or county.." and Beverage Licensing Authority (BLA) Rules of Procedure, Ssubsection S:1-1 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: Corpartion Phone 22)s bson Premive Adres SSoo Arnpe ae Reuldr co o33 ss¢ fdwe EmaitH KcRDOuTGyabe- em Trade Name: Application Type: iMNew ITransfer 1 Modification I |Location Change 1Class Change ReiLeuac ikense Liquor License Type:. Indoor Premise Sq. Ft.:, (Peae revicw the zoning regulations for the poperny al the Planning und Development Services Center for patio seating requests of 300 sq . or more) Outdoor Patio Sq. Ft. Indoor Seating Capacity: Outdoor Seating Capacity: Hours of Operation: M- le,lp Sa-Su t pn Patio Hours of operation (if different): e NA Liquor License Applicant agees 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 theivhoning appryvals, they may be subject to code compliance actions by City of Boulder Applicant's Signature: Applicant's Printed Name: Shovin Korloun Applicant's Title: whe Signature Date: o/11/J0 Updated January 2019 Page 1 ADMINISTRATIVE REVIEW NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department: DECISION: APPROVED DATE: February 2, 2021 REVISED 4/20/2022 REQUEST TYPE: Zoning Verification Letter ADDRESS: 5500 ARAPAHOE AVE APPLICANT: SHERVIN KORDOUNI CASE NUMBER: ADR2020-00227 LEGAL DESCRIPTION: TR 3546-B 34-1N-70 PER DEED 1074272 11/90 LESS PT TO CITY R/W PER DEED 1243770 1/93, DESCRIPTION: *Zoning confirmation for BLA. Convenience store/gas station to bring beer/seltzer FINAL DECISION STANDARDS The proposed use of PARS GAS & FOOD INC. located at 5500 Arapahoe Ave. has been identified under Section 9-6-1, B.R.C. 1981 to meet the following: Zoning District: Business-Community 1 (BC-1) Proposed Use: Convenience retail sales Discretionary Review(s): n/a 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 PARS GAS & FOOD INC to operate at 5500 Arapahoe Ave. with the following operational characteristics: Indoor Premise: 901 Outdoor Patio: n/a Indoor Seating Capacity: 0 Outdoor Seating Capacity: n/a Hours of Operation: 6 a.m. to 9 p.m., Monday – Friday; 7 a.m. to 8 p.m. Saturday - Sunday Hours of Operation for Outdoor Patio: n/a The applicant shall be responsible for ensuring that the development is compliant with the final approved plans dated April 20, 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. NOTE: This review is for zoning purposes only and is not approval for any change of occupancy or use pertaining to the building code. A separate building permit is required for building modifications, including changes of use or occupancy. This decision is final and may not be appealed. A new request may be considered only as a new application. Approved By: ____________________________________________ Shabnam Bista, Planning Department BOOKS & RECORDSCounter-top CoolerCounter-top CoolerCounter-top CoolerCooler Access DoorThe only permanent location of alcohol are the 3 cooler doors on the right of the diagram. Alcohol Petitioning Services P.O. Box 998 Johnstown, CO 80534 (303) 710-3424 May 8, 2022 TO: City of Boulder Regulatory Licensing Division 1136 Alpine Avenue Boulder, CO 80304 REF: Pars Gas & Food Inc. dba Buffalo Gas 5500 Arapahoe Avenue Boulder, CO 80303 Survey Overview Survey of the Reasonable Requirements and Desires of the Neighborhood for the following: New Fermented Malt Beverage Off Premise Type Liquor License Applicant: Pars Gas & Food Inc. dba Buffalo Gas Applicant’s Licensed Premises Location: 5500 Arapahoe Avenue Boulder, CO 80303 Pars Gas & Food Inc., dba Buffalo Gas 2 | P a g e Survey Methodology The circulators were over 21 years old. Each circulator had a clipboard with the following: 1. A map of the designated area provided by the Regulatory Licensing Division describing the boundaries of the defined neighborhood. 2. The Liquor License Application Summary Page for Door-to-Door Neighborhood Petitioning. 3. Business and Resident petition forms for a new Fermented Malt Beverage Off Premise liquor license provided by the City of Boulder Regulatory Licensing Division that included a section where people contacted could indicate their support (in favor) or opposition for the liquor license. 4. A tally sheet to record the results of those who did not sign. Note: There were no other Fermented Malt Beverage Off Premise Liquor Licenses within the area boundary map. People contacted were shown the petition form and the information provided by the Regulatory Licensing Division. Each person was given the opportunity to read the provided information and was verbally told of the license type being applied for, site location, applicant’s name. Each person who signed the petition indicated they were either an owner/manager of a business or resident located within designated area. Each signature was freely and voluntarily given without any influence of the circulator. Survey Circulators and Dates Circulators conducted the survey on the following dates: 2 Circulators – Monday, May 2, 2002 1 Circulator – Tuesday, May 3, 2022 Pars Gas & Food Inc., dba Buffalo Gas 3 | P a g e 2 Circulators – Thursday, May 5, 2022 3 Circulators – Friday, May 6, 2022 4 Circulators – Saturday, May 7, 2022 Survey Statistics Summary of Signatures Obtained Businesses…………… 30 Residences………….. 61 Total 91 Details of Signatures Obtained Businesses Residents Total Signatures in Favor - “Yes” 28 42 70 Signatures in Opposition – “No” 2 19 21 Total 30 61 91 Statistical Analysis of Signatures In Favor……………… 77% In Opposition…….. 23% Details of Opposition Reason Opposed Business Residents Total None Given 0 6 6 Needs & Desires 1 5 6 DUIs 0 4 4 Safety 1 0 1 Already Marijuana Shop Nearby 0 1 1 Why? 0 1 1 Too Many Transients 0 1 1 Want to Support Small Business 0 1 1 Total 2 19 21 Pars Gas & Food Inc., dba Buffalo Gas 4 | P a g e Summary of Contact Attempts Total Ratio of Total Attempts Signatures Obtained 91 20.2% Not at Home 223 49.4% Not Willing to Sign 100 22.2% Owner/Manager Not Available 37 8.2% Total Knocks 451 100.0% Summary of Actual People Contacts Total Contacts Number % of Total Contacts Business 95 41.7% Residents 113 58.3% Total 228 100.0% Reason for Contacts Not Willing to Sign No Opinion 73 Too Busy 14 Not Interested 11 None Given 2 Total 100 Disqualified Signatures There were no signatures that were disqualified. Pars Gas & Food Inc., dba Buffalo Gas 5 | P a g e Statistical Analysis for Needs and Desires Business Resident Total Signatures in Favor - “Yes” 28 42 70 Signatures in Opposition – “No” 1 5 6 Total 29 47 76 In Favor……………… 92.1% In Opposition…….… 7.9% Report Attachments Included in this report are the following: 1. A copy of the petitions where signatures were obtained in favor or opposition of the New Fermented Malt Beverage Off Premise Liquor License. 2. Affidavits of Circulators for signatures obtained. 3. A map indicating the area where circulators petitioned. 4. Neighborhood Needs & Desires Petition Summary Sheet. 5. Photographs of Posting. Report Prepared and Submitted by: _____________________________ Patrick Maroney President PS Logistics, LLC d/b/a Alcohol Petitioning Services Neighborhood Needs & Desires Petition Summary Sheet Applicant: _______________ Trade Name: _______________________________ Business Location: _____________________________________ Date(s) of Petitioning: Defined Neighborhood: NORTH – ________________ SOUTH – _________________ EAST – ___________________ WEST – ___________________ 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: ______________________________ Pars Gas & Food Inc 5500 Arapahoe Avenue, Boulder CO 80303 Pearl Parkway Extended Baseline Road City Limits Foothills Parkway Buffalo Gas May 9th, 2022 May 2nd, 3rd, 5th, 6th, and 7th 451 223 0 100 6 0 73 0 6 70 21 Liquor License Application Summary Page for Door to Door Neighborhood Petitioning Applicant: Pars Gas & Food Inc Trade Name: Buffalo Gas Business Location: 5500 Arapahoe Avenue, Boulder Co 80303 Occupancy: Indoor: N/A Outdoor: N/A Square Footage: 901 Business Description: Convenience Retail Sales Operating Hours: Monday-Friday 6 AM-9 PM, Saturday – Sunday 7 AM-8 PM Same # of Licenses in area: 0 Application Type: New Fermented Malt Beverage Off Premise Defined Neighborhood: NORTH- Pearl Parkway Extended SOUTH- Baseline Road EAST- City Limits WEST- Foothills Parkway Date and Location of Beverage Licensing Authority Hearing to provide comment: Wednesday May 18, 2022 at 3PM Virtual Meeting: https://bouldercolorado.gov/government/board-commission/beverage- licensing-authority 30 minutes prior to meeting for meeting link Applicant LocationAirport RdC u r i e C t 3 8th St Pearl Pkw y49th StInca PkwyChippewa Dr Monroe Dr Cherryvale RdCommerce StRange StC e n t e n n i a l Tr lMacarthur DrBaseline Rd Baseline Rd Pennsylvania Ave Ara pahoe Rd C y p r e s s D r Gapter RdPatton Dr48th StWalnut St Aztec DrN 55th St4 7th St Minshal RdConestoga StMerritt Dr61st StLandis CtC o lo r a d o A v e 38th St62nd St48th StM oha w k Dr E A u r o r a A v e W Sterling CirMcintire StKennedy CtFoothills PkwySterling Dr V a l m o n t R d 57th Ct48th CtStearns Ave63rd StBaseline Rd Evans DrEisenhower Dr55th StTobys Ln Franklin Dr Sycamore AveF o o t h ills P k wy Mallard CtReserve Dr Laurel Ave Pin o n Dr Edison Ave Lawn StMcsorley LnCassin CtVa l m o n t R d Forsythe Pl Flatiron Ct Ara pahoe Ave Meadow Glen DrAra pahoe Ave White Pl Sim m o ns D r55th StH arris o n A v e N 55th StW aite D r Fairw ay Ct Dimmit Dr Pintail CirM org a n D r Manhattan DrBrookl awn DrOreg Ave S te r lin g D r Flatiron Pkwy P e a r l S t Laguna Pl39th StButte Mill RdIndian RdVa lmont R d Old Tale RdStazio DrNeighborhood Map for a New Fermented Malt Beverage Off-Premise type Liquor License • Buffalo Gas • 5500 Arapahoe Ave 1 inch = 1,600 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: Pars Gas & Food Inc. Trade Name: Buffalo Gas Location: 5500 Arapahoe Ave License Type: New Fermented Malt Beverage Off-Premise City ofBoulder Neighborhood Needs & Desires Petition Summary Sheet Applicant: _______________ Trade Name: _______________________________ Business Location: _____________________________________ Date(s) of Petitioning: Defined Neighborhood: NORTH – ________________ SOUTH – _________________ EAST – ___________________ WEST – ___________________ 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: ______________________________ Pars Gas & Food Inc 5500 Arapahoe Avenue, Boulder CO 80303 Pearl Parkway Extended Baseline Road City Limits Foothills Parkway Buffalo Gas May 9th, 2022 DATE OF PETITIONING: ___________________________________________ TIME OF PETITIONING: _________________________ Resident Petition Form Applicant: Pars Gas & Food Inc Trade Name: Buffalo Gas Application Type: New Fermented Malt Beverage Off Premise Business Location [See Map]: 5500 Arapahoe Avenue, Boulder CO 80303 Previous Business: N/A Date & Time of Hearing: Wednesday May 18, 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 Fermented Malt Beverage Off Premise 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 Fermented Malt Beverage Off Premise 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: _________________________ Business Petition Form Applicant: Pars Gas & Food Inc Trade Name: Buffalo Gas Application Type: New Fermented Malt Beverage Off Premise Type Liquor License Business Location [See Map]: 5500 Arapahoe Avenue, Boulder CO 80303 Previous Business: N/A Date & Time of Hearing: Wednesday May 18th, 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 Fermented Malt Beverage Off Premise 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 Fermented Malt Beverage Off Premise 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 11 - 15 Permit Work Class Trade Name Business Name for Non‐profitPermit DescriptionAddress Expiration DateSpecial Event Liquor Conference on World AffairsBoulder Chamber of CommerceBoulder Chamber of Commerce Conference of World Affairs event on Thurs. April 7, 2022 from 2PM to 8:30PM2440 PEARL ST4/7/2022Special Event Liquor Mambo for CambioIntercambio Uniting Communities SEP ‐ Intercambio ‐ Mambo for Cambio ‐ April 8, 2022 ‐ Boulder JCC4735 WALNUT ST4/8/2022Special Event Liquor Justice for All Ball Boulder County Bar Foundation Boulder County Bar Foundation's Justice for All Ball at Boulder JCC on Sat. April 9, 2022 with event time from 7PM to 11PM (reservation time 5PM to 12Midnight)6007 OREG AVE4/9/2022Special Event Liquor Justice for All Ball Boulder County Bar Foundation BOULDER COUNTY BAR FOUNDATION AT BJCC on April 9, 2022 from 5PM to 12 Midnight; DUPE CASE6007 OREG AVE4/9/2022Special Event Liquor Eisenhower Silent Auction Eisenhower Elementary PTASEP ‐ Eisenhower Elementary PTA ‐ Eisenhower Silent Auction ‐ April 9, 2022 ‐ Spark ‐ 4847 Pearl Street, Unit 4B, Boulder, CO 803011220 EISENHOWER DR4/9/2022Special Event Liquor Network Film Premier350 ColoradoSEP ‐ 350 Colorado ‐ Network Film Premier ‐  Patagonia Store ‐ April 13, 2022 ‐ 5PM to 9PM1630 PEARL ST4/13/2022Special Event Liquor Spring Music ShowRoots Music Project Foundation Inc. SEP ‐ Roots Music Project Foundation Inc. ‐ Spring Music Show ‐ April 15 2022 ‐ 4747 Pearl Street, Suite V3A, Boulder, CO 80301 ‐ 12th event1014 MAPLETON AVE4/15/2022Special Event Liquor Motown FundraiserRoots Music Project Foundation, Inc. SEP ‐ Roots Music Project Foundation, Inc. ‐ Motown Fundraiser ‐ April 16, 20224747 PEARL ST4/16/2022Special Event Liquor Annual Auction Mackintosh Academy Mackintosh Academy's Annual Auction event at Boulder JCC on Saturday April 30, 2022 from 2PM to 11PM6007 OREG AVE4/30/2022Temporary Modifications for EventsPasta Jay's Pasta Jay's Inc. PASTA JAY'S Temporary Modifications to add outdoor areas until April 30, 20221001 PEARL ST4/30/2022Temporary Modifications for EventsThe Kitchen The Kitchen Cafe, LLC THE KITCHEN‐ Temporary Modification to re‐extend outdoor service area until August 31, 20221039 PEARL ST4/30/2022Temporary Modifications for EventsThe CornerBoulder DT, LLC THE CORNER‐ Temporary Modification to add outdoor service area until August 31, 20221100 13TH ST4/30/2022Special Event Liquor Wayne Daniels Jam Roots Music Project Foundation Inc SEP ‐ Roots Music Project Foundation Inc. ‐ Wayne Daniels Jam ‐ April 30, 20224747 PEARL ST4/30/2022Temporary Modifications for EventsJax Fish House BoulderEmpire Crabhouse LLCJAX FISH HOUSE‐ Temporary Modification for outdoor service area extended until August 31, 2022928 PEARL ST4/30/2022Temporary Modifications for EventsHapa Sushi & Sake Hapa Group, Inc. HAPA SUSHI‐ Temporary Modification to add outdoor service area until August 31, 20221117 PEARL ST4/30/2022Temporary Modifications for EventsSherry's Soda Shoppe Sherry's on the Hill LLC SHERRY'S SODA SHOPPE‐ Temporary Modification to add outdoor service area until April 30, 20221087 13TH4/30/2022Temporary Modifications for EventsJapango Holy Sushi Inc JAPANGO‐ Temporary Modification to add outdoor service area until April 30, 20221136 PEARL ST4/30/2022Temporary Modifications for EventsChimera Chimera Inc. DRAGONFLY NOODLE (CHIMERA)‐ Temporary Modification to add outdoor service area until August 31, 20222014 10TH ST4/30/2022Temporary Modifications for EventsComa Mexican Grill Coma LLC COMA MEXICAN GRILL‐ temporary modification to add outdoor service area until April 30, 20224800 BASELINE RD Unit: E‐4/30/2022Temporary Modifications for EventsTune Up at Full Cycle White Road, LLC TUNE UP AT FULL CYCLE‐ Temporary Modification to add outdoor service area until April 30, 20222355 30TH ST4/30/2022Temporary Modifications for EventsThe West End Tavern Next Door, LLC WEST END TAVERN‐ Temporary Modification for outdoor service area until August 31, 2022926 PEARL ST4/30/2022Temporary Modifications for EventsArcana Restaurant 909 Walnut LLC ARCANA RESTAURANT ‐ Temporary Modification to add outdoor service area until April 30, 2022909 WALNUT ST4/30/2022Temporary Modifications for EventsThe Hungry Toad Frogandtoad, LLC HUNGRY TOAD‐ Temporary Modification to add outdoor service area until April 30, 20222543 BROADWAY4/30/2022 City of Boulder Liquor License Notices Sent For Applications Expiring Between 08/01/2022 and 08/31/2022 Printed on 05/12/2022 Page 1 of 4 Notices were sent to the following licensees: Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type A-OK LIQUOR / JW RAON, LLC 2690 28th St, Unit A, Boulder, CO 80301-1254 03-04904 08/24/2022 07/10/2022Retail Liquor Store 2690 28TH ST A BOULDER, CO 80301-1254 ATTIC BAR AND BISTRO / Lofty Concepts, Inc 949 Walnut St, Boulder, CO 80302-5179 41-03057-0000 08/04/2022 06/20/2022Hotel-Restaurant 949 WALNUT ST BOULDER, CO 80302-8179 BOHEMIAN BIERGARTEN / Bohemian Biergarten Inc 2017 13th St, Boulder, CO 80302 03-01698 08/14/2022 06/30/2022Hotel-Restaurant 2017 13TH ST BOULDER, CO 80302 BOULDER WINE & SPIRITS / 28th Street Wine Partners, LLC 3325 28th St, Boulder, CO 80302-1440 25-40788-0000 08/17/2022 07/03/2022Retail Liquor Store 3325 28TH ST BOULDER, CO 80302-1440 CARILLON AT BOULDER CREEK, THE / Residences at Boulder Creek, LLC 2525 Taft Dr, Boulder, CO 80302-6800 42-71660-0000 08/20/2022 07/06/2022Hotel-Restaurant 999 THIRD AVE Suite 4550 SEATTLE, WA 98104 CIRCLE K STORE 2709866 / Circle K Stores Inc 3185 28th St, Boulder, CO 80301-1315 21-65089-0076 08/15/2022 07/01/2022Fermented Malt Beverage Off-Premise 19500 BULVERDE RD Suite 100 SAN ANTONIO, TX 78259 Printed on 05/12/2022 Page 2 of 4 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type FLATIRON ATHLETIC CLUB / Wellbridge Flatiron LLC 505 Thunderbird Dr, Boulder, CO 80303-3827 03-01827 08/26/2022 07/12/2022Hotel-Restaurant 6140 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 FOOLISH CRAIG'S / Foolish Craig's, LLC 1611 Pearl St, Boulder, CO 80302-5410 15-12884-0000 08/21/2022 07/07/2022Hotel-Restaurant 1611 PEARL STREET BOULDER, CO 80302 FOX THEATRE / Z2 Entertainment, LLC (Fox Theatre) 1135 13th Street, Boulder, CO 80302-7015 25-56077-0002 08/12/2022 06/28/2022Tavern 2032 14TH STREET BOULDER, CO 80302 KING SOOPERS 28 / Dillon Companies, LLC 6550 Lookout Rd, Boulder, CO 80301 01-10779-0031 08/24/2022 07/10/2022Fermented Malt Beverage Off-Premise PO BOX 305103 NASHVILLE, TN 37230-5103 KOREA HOUSE / Korea House, Inc 2750 Glenwood Drive, Unit 4, Boulder, CO 80304-2925 42-81171-0000 08/24/2022 07/10/2022Beer & Wine 2750 GLENWOOD DR Unit 4 BOULDER, CO 80304-2925 MUSTARD'S LAST STAND / Mustard's Last Stand, Inc 1719 Broadway, Boulder, CO 80302-6220 10-31183-0000 08/07/2022 06/23/2022Beer & Wine 1719 BROADWAY ST BOULDER, CO 80302-6220 Raglin Market / Raglin Market Gunbarrel, LLC 5378 Gunbarrel Center Court, Unit 2, Boulder, CO 80301 03-10083 08/19/2022 07/05/2022Hotel-Restaurant 5378 GUNBARREL CENTER COURT, UNIT 2 BOULDER, CO 80301 RALLYSPORT HEALTH AND FITNESS CLUB / Rallysport LLC 2727 29th St, Boulder, CO 80301-1201 03-03221 08/13/2022 06/29/2022Beer & Wine 2727 29TH BOULDER, CO 80301 Printed on 05/12/2022 Page 3 of 4 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type RIO GRANDE MEXICAN RESTAURANT / Rio Grande Mexican Restaurants, Inc 1101 Walnut St, Boulder, CO 80302-5116 03-38345-0005 08/18/2022 07/04/2022Hotel-Restaurant 149 W MOUNTAIN AVE FT. COLLINS, CO 80525-2822 Sherpa Kitchen / Royal Clay Oven Inc 5290 Arapahoe Ave Unit B, Boulder, CO 80303-1269 12-94584-0000 08/15/2022 07/01/2022Beer & Wine 5290 ARAPAHOE AVE STE B BOULDER, CO 80303 SNOOZE / Snooze BoCo LLC 1617 Pearl St Suite 100, Boulder, CO 80302-5449 42-94691-0000 08/01/2022 06/17/2022Hotel-Restaurant 3001 BRIGHTON BLVD Suite 303 DENVER, CO 80216 VERDE / Verde No. 1 Limited Partnership L.L.L.P. 3070 28th St, Unit B, Boulder, CO 80301 03-03197 08/26/2022 07/12/2022Hotel-Restaurant 3070 28TH STREET Unit B BOULDER, CO 80301 WHOLE FOODS WINE AND SPIRITS / Whole Foods Market Rocky Mtn/SW LP 2315 30th ST, Boulder, CO 80301-1103 10-96510-0015 08/18/2022 07/04/2022Retail Liquor Store PO BOX 684786 AUSTIN, TX 78768-7486 Total Liquor Licensees Receiving Notices: 19 Printed on 05/12/2022 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