HomeMy WebLinkAbout05.18.22 BLA Agenda 9. Ex. 1 - The NiCHE Event Space_RedactedFrom:Jesse Day
To:yslas@bouldercolorado.gov; licensestaff; Cook, Mishawn; Jefferson, Raymond
Cc:Veronica Vecchio
Subject:Documentation for 5/18 BLA Hearing - The NiCHE Event Space
Date:Tuesday, May 17, 2022 11:53:07 AM
Attachments:Alcohol Service Policy May 2022.docx
Brandon Terrazas - Seller Server Certification 5.11.22.pdf
Jacque Terrazas - Seller Server Certification 5.11.22.pdf
Jesse Day - Seller Server Certification 5.11.22.pdf
Letter of intent for NiCHE Event Space.pdf
Sarah Day - Seller Server Certification 5.11.22.pdf
The NiCHE Event Space Sales Tax Correspondence.pdf
External Sender
Hello!
I am providing follow up documentation for the items of concern from the hearing on 4/20
with the BLA and The NiCHE Event Space, attached. In explanation:
1. Sales Tax - at the 4/20 hearing, there was concern that our sales tax reporting was not up to
date. This has been corrected. Please refer to the document entitled The NiCHE Event Space
Sales Tax Correspondence.pdf that details my conversations with Missy Carranco from the
Sales & Use Tax Department, where she confirms affirmatively that my sales tax reporting is
up to date and in good standing.
2. Event Security - we have an LOI in place with Clearwater Security to provide security at all
of our events. I have attached a document entitled Letter of intent for NiCHE Event
Space.pdf, with is both the LOI and lists references for events and venues which Clearwater
has worked.
3. TIPS Certification - I have attached certificates for TIPS certifications, attained by myself,
my wife, and two others who will be staff at our events. I have three more certifications in the
works, one to be completed 5/17, and two to be completed in June for a total of 7 certification.
4. Alcohol Service Policy - I have attached our updated Alcohol Service Policy. After the
BLA hearing on 4/20, I have worked with Patrick Maroney at Alcohol Petitioning Services as
well as Mike Laszlo’s law firm to re-work and bolster our policies.
Please let me know if you have any questions, and Thank you!
Jesse Day | NiCHE Events & Workspace
jesse@nicheworkspaces.com
4571 Broadway Street | Boulder | CO | 80304
5/16/2022
To Whom It May Concern,
Clearwater Security & Event Staff is pleased to provide security staffing and risk management consulting
to:
The NiCHE Event Space (Jesse Day)
4571 Broadway St
Boulder, CO 80304
Upon The NiCHE Event Space licensing approval, a formal contract will be mutually executed with the
following details pertaining to the venues needs.
- Three (3) security guards minimum per event (150 guests or less) including one (1) supervisor.
- An additional one (1) security guard for every 50 guests beyond 150.
- Security guards will be present at all events.
- The venue will provide a minimum of 30 days’ notice to ensure proper staffing or will pay an additional
fee for short notice security staffing
- Security staffing will include all necessary communication equipment (radios and earpieces).
- All security staff are TIPS Alcohol Certified.
We are committed to providing a top-tier security team with years of experience, bringing a balance of
superior customer service with the ability to control a crowd and deal with issues that may affect your
event. Our staff has experience working, managing and designing security operations for event in excess
of 10,000 people.
Thank you,
Jesse Kornblum
Owner
Clearwater Security & Event Staff LLC.
(303) 453-9382
Please see a list of some of our current and Past Clients:
- Press Play (Boulder)
- The Sink (Boulder)
- Chicken Fight Festival (New location annually)
- Top Taco (New location annually)
- Avanti (Denver)
- Denver Barn Party (Denver)
- YMCA (Lafayette)
- Atlas Valley Purveyors (Lafayette)
- Twin Peaks (All Colorado Locations)
- Skate City (Special Events for their Front Range Locations)
- Country Jam Colorado Festival (Grand Junction)
- SPYDER Clothing Special Events (Boulder)
References available upon request.
Alcohol Service Policy
The service of alcohol brings an extra layer of responsibility that NiCHE takes
very seriously. We have created these policies concerning the sale of alcohol
beverages so NiCHE can provide a safe place for people to share their
experiences and enjoy events at our venue. Providing a safe place includes
ensuring people under the age of 21 or who are visibly intoxicated are not
served alcohol.
All servers at NiCHE will be seller-server certified according to the
Responsible Alcohol Beverage Vendor Act set by the Liquor Enforcement
Division (LED) by an approved company listed on the LED website. All
NiCHE employees must be currently certified in order to serve alcohol. All
new employees must be TIPS certified within 30 days of hiring or before
serving alcohol.
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 the company and YOU!
Service of Alcohol - Minors
It is NiCHE’s policy that no minor will be served alcohol beverages.
Employees who do not follow alcohol laws and regulations concerning the
sale to a minor will be terminated immediately.
Identification – In order to prevent the selling of alcohol to minors, we will be
checking the IDs for all customers, no exceptions.
NiCHE – Alcohol Service Policy
Page 2 of 6
Vertical IDs - NiCHE’s policy is that Colorado vertical driver’s licenses
and Identifications are not accepted for age verification. If the
identification presented is not from Colorado, the server must check its
authenticity by comparing it with the ID checking guide. If the
identification is not found in the ID checking guide, it cannot be
accepted to verify the age of the person. It is the responsibility of the
server to ensure the person presenting the identification is the same
person on the identification.
Digital IDs – NiCHE’s policy is to not accept a digital Identification from
any state.
Observations - When attempting to illegally purchase alcohol, minors
may exhibit behavior that should be easily identifiable such as
anxiousness; nervousness; stutter, stammer or confuse their words;
avoid eye contact with the seller; or appear overly or inappropriately
friendly, confident, boisterous, or outgoing.
Service of Alcohol - Visibly Intoxicated Person
It is NiCHE’s policy that no visibly intoxicated person will be served alcohol
beverages.
We expect employees to follow alcohol laws and regulations or business
policies concerning the sale to a visibly intoxicated person. Any employee
who improperly serves alcohol unknowingly for the 1st offense will need
retraining or may be terminated at the discretion of NiCHE. Any employee
who intentionally serves alcohol improperly, at any time, will be
terminated. Any employee who serves alcohol both knowingly and
unknowingly for the 2nd offense, will be either suspended or terminated from
their job, no exceptions.
When serving alcohol to our customers, you should take reasonable
precautions in order to ensure the person is not visibly intoxicated. Taking
steps to prevent service to visibly intoxicated persons in our establishment
can help protect the public from harm and keep you from being named in a
lawsuit.
NiCHE – Alcohol Service Policy
Page 3 of 6
Behaviors that could indicate visible intoxication include:
• Red/bloodshot eyes
• Slurred speech
• Stumbling/swaying
• Purchasing everyone alcohol beverages
• Having difficulty with getting their ID out of their wallet/purse
• Speaking loudly
• Becoming overly friendly
• Easily angered
• Slow to respond
• Odor of alcohol or marijuana on their breath
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 becomes visibly
intoxicated, it is your job to make sure you do not serve the individual
alcohol beverages. 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:
• Offer or suggest the sale of food or appetizers
• Extend the time until the next alcohol beverage
• Do not offer coffee or other caffeinated drink; this may cover the true
extent of the patron's intoxication
• Suggest low alcohol content drinks
• Serve water or fruit juices with all straight drinks
While serving alcohol beverages, servers must be active in looking for signs
of visible intoxication. One popular method is the green, yellow, red-light
system.
Green light – no signs of visible intoxication are seen.
Yellow light – some signs of visible intoxication are seen but they seem
minimal in effecting behavior. The server must pay attention and
monitor alcohol consumption for a person considered to be in the
yellow light stage. The server may want to suggest methods stated
above to help slow the intoxication affect. It is a good idea to
NiCHE – Alcohol Service Policy
Page 4 of 6
communicate to other servers about people in the yellow light stage so
they can assist in watching their behavior.
Red light – a person exhibits several signs of visible intoxication and
should not be served any alcohol.
It is important to watch closely to people in the yellow stage. The effects of
alcohol can happen quickly, so think of an additional stage, the Orange light.
This is the place in between the yellow and red light stage and is the best
place to stop serving alcohol beverages. When a person is in the Orange
light stage, the server should make an “exit” plan on how to stop service of
alcohol beverages if this were to be needed.
If you have determined a person should not be served alcohol beverages
and they have a container with alcohol beverages, remove the beverage and
provide a credit.
Despite all your good efforts, a customer may become visibly intoxicated and
will not be served any alcohol. If this occurs, you must stop serving the
person alcohol beverages. Colorado liquor rules also mandate the person
must leave the premises. Here are some suggestions to use when “cutting
off” a customer.
• Be professional – there is no need to get upset, even if the other person
is.
• Notify the manager and asks for their assistance.
• Notify all personnel to be aware of the situation.
• Take the person to the side and let them know they cannot have any
alcohol beverages. Do not cause embarrassment to the person by
announcing the fact you cut a person off.
• Bring menus to the table or casually suggest an appetizer before
leaving.
• Suggest an alternative form of transportation (this includes getting an
Uber, Lyft or taxi). If the patron insists on driving report this to your
supervisor at once.
• If the person is with friends, talk to them in order to solicit help in getting
the person safely home.
• Do not attempt any physical confrontation.
• If needed, call security or police if the person becomes irate.
NiCHE – Alcohol Service Policy
Page 5 of 6
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 to serve a person who is visibly
intoxicated. Use your own “common sense” as well as what you have
learned in your seller server Certification course and the above helpful hints,
and there should never be a problem.
Storage of Alcohol
Alcohol will be stored on premise in a locked closet. Keys to the closet will
be held either by a manager or by the owner of the venue, no exceptions.
After closing hours, all alcoholic beverages will be locked up, so they are
inaccessible to employees.
Security
It is NiCHE’s policy to provide a safe place for people to share their
experiences and enjoy events at our venue. It is important that all alcohol
beverages remain and are consumed within the licensed premises. NiCHE
will have 1 employee and 1 security staff per 40 patrons in order to monitor
alcohol consumption so people who are visibly intoxicated are not served
alcohol beverages and that people do not remove alcohol beverages beyond
the licensed premises.
NiCHE will contract with Clearwater Security security company to provide
professional security staff for events at NiCHE (when needed)
All security staff with be currently seller server trained pursuant to the
Responsible Alcohol Beverage Vendor Act.
Security personnel will be responsible for walking around the licensed
premises (and parking lot) to monitor compliance with alcohol laws,
regulations, and policies.
NiCHE – Alcohol Service Policy
Page 6 of 6
A sign will be posted at each exit that meets the requirements of 44-3-
901(10)(a)(II)(A), C.R.S. that reads:
WARNING
DO NOT LEAVE THE PREMISES OF THIS ESTABLISHMENT WITH AN ALCOHOL
BEVERAGE. IT IS ILLEGAL TO CONSUME AN ALCOHOL BEVERAGE IN A PUBLIC
PLACE. A FINE OF UP TO $250 MAY BE IMPOSED BY THE COURTS FOR A
VIOLATION OF THIS PROVISION.
Other items that are required by law with also be posted in public view
including the minor warning sign and relevant city, county and state licenses.
______________________ ______________________
Manager Name Employee Name
______________________ ______________________
Manager Signature Employee Signature
______________________ ______________________
Date Date