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07.20.22 BLA Packet 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, JULY 20, 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. Swearing in of new BLA member, Leah Roberts; iii. Member roll call; iv. Election of Chair and Vice-Chair v. Approval of Beverage Licensing Authority (BLA) minutes from June 15, 2022 vi. 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 April 7, 2022, from SREIT HP Boulder Opco, LLC, d/b/a Hyatt Place Boulder, 2280 Junction Place, Boulder, CO 80301, SREIT HP Boulder Opco, LLC, Licensee LLC with Ruby Huang as Officer and Senior Vice President, SREIT TRS HotelCo, LLC as 100% 1st underlying Owner with John McCarthy as CEO, SREIT TRS MasterCO, LLC as 100% 2nd underlying owner with John McCarthy as CEO, Starwood REIT Operating Partnership LP as 100% 3rd underlying owner also with John McCarthy as CEO, and with Starwood Real Estate Income Trust as 100% 4th underlying owner which is publicly held and traded, and no other owners with over a 10% interest, John McCarthy as CEO, President, and Director, Christopher Graham as Director, Mark Deason as Director, and Barry Sternlicht as Director, and with Highgate Hotels LP, as Management Company with Paul Ray Womble, VP of Highgate Hotels Ops, and Edward Winslow Martin III, VP of Highgate Hotels Ops, with Monica Pitt, Registered Manager, and with a premise business mailing address, for a renewal of a Hotel-Restaurant type liquor license. 6. Public hearing and continued consideration of an application filed on April 7, 2022, from Dillon Companies LLC d/b/a King Soopers 33, 3600 Table Mesa Drive, Boulder, CO 80305; Kroger Co. as 100% Owner, and with Steven J. Dreher as President, Thomas J. Sullivan as Vice President, Christine R. Wheatley as Director/VP/ Secretary, Carin L. Fike as VP and Treasurer, Phillip B. Nelson as VP, and with Tony Woodward as Store Manager; with a business mailing address of P.O. Box 305103, Nashville, TN 37230, for a renewal of a Fermented Malt Beverage Off-Premise type liquor license. 7. Public hearing and consideration of an application filed on May 3, 2022, from Nopalito’s LLC d/b/a Nopalito’s, 2850 Iris Ave, Suite H, Boulder, CO 80302; Milton Guevara-Navas, Owner and Registered Manager and Dora Guevara-Gonzalez, Owner, with a premise business mailing address, for a renewal of a Hotel-Restaurant type liquor license. 8. Public hearing and consideration of an application filed on May 18, 2022, from DDS Liquor & Food Mart Inc d/b/a DDS Liquor & Food Mart, 4481 N Broadway St, Boulder, CO 80304; Dinesh Shrestha, President and Treasurer, Dhirendra Shrestha, Vice President and Secretary, with a premise business mailing address, for a renewal of a Retail Liquor Store type liquor license 9. Public hearing and consideration of an application filed on May 24, 2022, from The Waffle Lab Boulder LLC d/b/a The Waffle Lab, 1155 13th Street, Boulder, CO 80302; Ashley Zeruto, co-owner; Rachel Roumaya, co- owner and Brad Roumaya, co-owner and proposed registered manager, with a premise business mailing address, for a new Hotel-Restaurant type liquor license. 10. Matters from Assistant City Attorney 11. Matters from the Licensing Clerk a. Neighborhood boundary setting for applications for August 17, 2022, BLA hearing: i. Boulder Gas LLC d/b/a Diagonal Conoco for a New FMB Off-Premise type liquor license application at 2990 Diagonal Hwy, Boulder, CO 80301 ii. Gaku Ramen II, LLC dba Gaku Ramen for a new Hotel-Restaurant type liquor license at 1035 Pearl Street, Unit 102, Boulder, CO 80302 b. Expected Administrative Processing of Liquor License Transfer Applications i. The Hapa Group Inc d/b/a Hapa Sushi Grill and Sake Bar for a transfer of a Hotel- Restaurant type liquor license application at 1048 Pearl St, Suite 105, Boulder, CO 80302 c. Processing of special event liquor permits & temporary modifications to expand outdoor dining areas: i. Special Event Liquor Permits list ii. Temporary Modifications list d. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room – i. None for July 2022 e. Informational items i. Liquor License Renewals Sent List – October 2022 Expirations 12. Matters from the Chair and Members of the Authority Adjournment For information or to request to make comment for the public hearings, call (303)441-3034. 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, July 6, 2022 Kristen Changaris, Licensing Manager Published on Sunday, July 10, 2022, in the Daily Camera newspaper STATE OF COLORADO ) ) COUNTY OF BOULDER ) SS: CERTIFICATE OF PUBLIC NOTICE ) CITY OF BOULDER ) I, Kristen Changaris, Licensing Manager, City of Boulder, Colorado, do hereby certify that I caused the attached City of Boulder Public Meetings notice and the attached Agenda to be published in the Daily Camera on Sunday, July 10, 2022 in compliance with the laws of the State of Colorado and the ordinances of the City of Boulder, Colorado. Boulder Daily Camera Digital Edition Sunday, July 10, 2022 Page A10 Boulder Daily Camera Digital Edition Sunday, July 10, 2022 Page E05 IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Boulder, Colorado this Monday, July 10, 2022. ___________________________________________ Kristen Changaris, Licensing Manager and Secretary to Beverage Licensing Authority I, Michael Carr, do solemnly swear (affirm) that I will support the Constitution of the United States of America and of the State of Colorado and the Charter and ordinances of the City of Boulder, and faithfully perform the duties of the office of a member of the Beverages Licensing Authority which I am about to enter. Michael Carr STATE OF COLORADO ) ) COUNTY OF BOULDER ) SS.: ) CITY OF BOULDER ) Subscribed and sworn to before me this ____ day of _______________, 2022. Board Secretary OATH OF OFFICE I, Leah Roberts, do solemnly swear (affirm) that I will support the Constitution of the United States of America and of the State of Colorado and the Charter and ordinances of the City of Boulder, and faithfully perform the duties of the office of a member of the Beverages Licensing Authority which I am about to enter. Leah Roberts STATE OF COLORADO ) ) COUNTY OF BOULDER ) SS.: ) CITY OF BOULDER ) Subscribed and sworn to before me this ____ day of _______________, 2022. Board Secretary OATH OF OFFICE 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 May 27, 2022 Sent Via Email to: erios@bluebonnetconsulting.com And Via Certified Mail, Return Receipt Requested SREIT HP Boulder Opco, LLC d/b/a Hyatt Place Boulder 2280 Junction Place Boulder, CO 80301 Attn: Nick Greiss Re: Hotel-Restaurant liquor license renewal for 2280 Junction Place, Boulder, CO 80301 Dear Mr. Greiss: 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 April 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 March 11, 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 25, 2022). I note that city sales tax and city occupation tax have approved your license renewal. 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. On May 9, 2022, we requested a list of employees and the dates of training for those employees to be submitted to compete the training information included with the renewal. b. Licensee should be prepared to address any questions raised as to non-compliance with § 44-3-413 et seq., C.R.S. (pertaining to Hotel-Restaurant liquor licenses). c. Licensee should be prepared to address the operation of their licensed premise in City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (P) 303 441-4192 (F) 303- 441-1919 consideration of applicable State law, including, but not limited to §44-3-302, C.R.S. and BLA Rules of Procedure, Subsection 8-1-9 which states, “Subsection 8-1-9 Grounds for Non-Renewal of License. Objections to renewal of a license must be for good cause. Evidence of good cause to deny a renewal may include, but shall not be limited to, the following: (A) Evidence that the licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Colorado Liquor Code or any related rules and regulations; (B) Evidence that the licensee or applicant has failed to comply with any special terms or conditions that were placed on its license in prior disciplinary proceedings or arose in the context of potential disciplinary proceeding; or (C) Evidence that the licensed premises have been operated in a manner that adversely affects the public health, welfare or safety of the immediate Neighborhood in which the establishment is located, including a continuing pattern of fights, violent activity or disorderly conduct.” “Disorderly conduct” has the same meaning as in §18-9-106, C.R.S. 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 then be scheduled and are hereby ordered to be at a virtual hearing of the Beverage Licensing Authority on Wednesday June 15, 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 June 2, 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 June 4, 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 June 6, 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: https://bouldercolorado.gov/government/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, Katelyn Kellogg Licensing Specialist Phone: 303-441-3039 Email: kelloggk@bouldercolorado.gov Website: http://www.bouldercolorado.gov/licensing CERTIFICATE OF MAILING I hereby certify that on the ___8___ day of ____June_____ 2022, a true and correct copy of the above correspondence was duly mailed by placing same in the U.S. Mail, certification # 7012292000031053986, return receipt requested, postage prepaid, addressed to the following. SREIT HP Boulder Opco, LLC d/b/a Hyatt Place Boulder 2280 Junction Place Boulder, CO 80301 Attn: Nick Greiss ___________________________________ Sent Via Email on 5/27/2022 to: erios@bluebonnetconsulting.com Attachment 1 CHAPTER 8 Section 8-1 POST-ISSUANCE ACTIONS 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. - 13 - 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 May 27, 2022 Sent Via Email to: business.license@kroger.com and rick.agee@kroger.com And Via Certified Mail, Return Receipt Requested Dillon Companies LLC d/b/a King Soopers 33 PO BOX 305103 Nashville, TN 372305 Attn: Rick Agee- Corp. Office Re: Fermented Malt Beverage Off-Premise liquor license renewal for 3600 Table Mesa Dr, Boulder, CO 80305 Dear Mr. Agee: 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 April 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 March 16, 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 30, 2022). I note that city sales tax has not approved your license renewal. 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. 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. City occupation tax has approved your renewal. City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (P) 303 441-4192 (F) 303- 441-1919 Objections to renewal of a license must be for good cause. Evidence of good cause to deny a renewal may include, but shall not be limited to, the following: (A) Evidence that the licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Colorado Liquor Code or any related rules and regulations; (B) Evidence that the licensee or applicant has failed to comply with any special terms or conditions that were placed on its license in prior disciplinary proceedings or arose in the context of potential disciplinary proceeding; or (C) Evidence that the licensed premises have been operated in a manner that adversely affects the public health, welfare or safety of the immediate Neighborhood in which the establishment is located, including a continuing pattern of fights, violent activity or disorderly conduct.” “Disorderly conduct” has the same meaning as in §18-9-106, C.R.S. 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 then be scheduled and are hereby ordered to be at a virtual hearing of the Beverage Licensing Authority on Wednesday June 15, 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 June 2, 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 June 4,, 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 June 6, 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: https://bouldercolorado.gov/government/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, Katelyn Kellogg Licensing Specialist Phone: 303-441-3039 Email: kelloggk@bouldercolorado.gov Website: http://www.bouldercolorado.gov/licensing CERTIFICATE OF MAILING I hereby certify that on the 8 day of June 2022, a true and correct copy of the above correspondence was duly mailed by placing same in the U.S. Mail, certification # 70122920000031053993, return receipt requested, postage prepaid, addressed to the following. Dillon Companies LLC d/b/a King Soopers 33 PO BOX 305103 Nashville, TN 372305 Attn: Rick Agee- Corp. Office ___________________________________ Sent Via Email on 4/13/2022 to: business.license@kroger.com and rick.agee@kroger.com Attachment 1 CHAPTER 8 Section 8-1 POST-ISSUANCE ACTIONS 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. - 13 - 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 June 23, 2022 Sent Via Email to: miltonguevara@live.com And Via Certified Mail, Return Receipt Requested Nopalito’s LLC d/b/a Nopalito’s 11449 Jackson Longmont, CO 80504 Attn: Milton Guevara Re: Hotel-Restaurant liquor license renewal for 2850 Iris Ave, Suite H, Boulder, CO 80301 Dear Mr. Guevara: 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 May 3, 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 April 20, 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 June 4, 2022). I note that city sales tax and city occupation tax have approved your license renewal. 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. b.Licensee should be prepared to address any questions raised as to non-compliance with § 44-3-413 et seq., C.R.S. (pertaining to Hotel-Restaurant 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. City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (P) 303 441-4192 (F) 303- 441-1919 Objections to renewal of a license must be for good cause. Evidence of good cause to deny a renewal may include, but shall not be limited to, the following: (A) Evidence that the licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Colorado Liquor Code or any related rules and regulations; (B) Evidence that the licensee or applicant has failed to comply with any special terms or conditions that were placed on its license in prior disciplinary proceedings or arose in the context of potential disciplinary proceeding; or (C) Evidence that the licensed premises have been operated in a manner that adversely affects the public health, welfare or safety of the immediate Neighborhood in which the establishment is located, including a continuing pattern of fights, violent activity or disorderly conduct.” “Disorderly conduct” has the same meaning as in §18-9-106, C.R.S. 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 then be scheduled and are hereby ordered to be at a virtual hearing of the Beverage Licensing Authority on Wednesday July 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 July 7, 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 July 9, 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 July 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: https://bouldercolorado.gov/government/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, Katelyn Kellogg Licensing Specialist Phone: 303-441-3039 Email: kelloggk@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. Nopalito’s LLC d/b/a Nopalito’s 11449 Jackson Longmont, CO 80504 Attn: Milton Guevara ___________________________________ Sent Via Email on 5/27/2022 to: miltonguevara@live.com 28 June 22 7012292000031053987 Attachment 1 CHAPTER 8 Section 8-1 POST-ISSUANCE ACTIONS 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. - 13 - 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 June 23, 2022 Sent Via Email to: dds.lfmart@gmail.com And Via Certified Mail, Return Receipt Requested DDS Liquor & Food Mart Inc d/b/a DDS Liquor and Food Mart 4481 Broadway Street Boulder, CO 80304 Attn: Dinesh and Dhirendra Shrestha Re: Retail Liquor Store liquor license renewal for 4481 Broadway Street, Boulder, CO 80304 Dear Mr. Shrestha: Please allow this letter to serve as written acknowledgment 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 May 18, 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 April 8, 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 May 23, 2022). I note that city sales tax and city occupation tax have approved your license renewal. I also note that the city training documents submitted with the renewal are incomplete and no proof of training documents were submitted with your renewal. 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. b.Licensee should be prepared to address any questions raised as to non-compliance with § 44-3-409 et seq., C.R.S. (pertaining to Retail Liquor Store liquor licenses). c.Licensee should be prepared to address the operation of their licensed premise in City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (P) 303 441-4192 (F) 303- 441-1919 consideration of applicable State law, including, but not limited to §44-3-302, C.R.S. and BLA Rules of Procedure, Subsection 8-1-9 which states, “Subsection 8-1-9 Grounds for Non-Renewal of License. Objections to renewal of a license must be for good cause. Evidence of good cause to deny a renewal may include, but shall not be limited to, the following: (A) Evidence that the licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Colorado Liquor Code or any related rules and regulations; (B) Evidence that the licensee or applicant has failed to comply with any special terms or conditions that were placed on its license in prior disciplinary proceedings or arose in the context of potential disciplinary proceeding; or (C) Evidence that the licensed premises have been operated in a manner that adversely affects the public health, welfare or safety of the immediate Neighborhood in which the establishment is located, including a continuing pattern of fights, violent activity or disorderly conduct.” “Disorderly conduct” has the same meaning as in §18-9-106, C.R.S. 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 then be scheduled and are hereby ordered to be at a virtual hearing of the Beverage Licensing Authority on Wednesday July 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 July 7, 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 July 9, 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 July 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: https://bouldercolorado.gov/government/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, Katelyn Kellogg Licensing Specialist Phone: 303-441-3039 Email: kelloggk@bouldercolorado.gov Website: http://www.bouldercolorado.gov/licensing CERTIFICATE OF MAILING I hereby certify that on the 28th day of June 2022, a true and correct copy of the above correspondence was duly mailed by placing same in the U.S. Mail, certification #7012292000031078564, return receipt requested, postage prepaid, addressed to the following. DDS Liquor & Food Mart Inc d/b/a DDS Liquor and Food Mart 4481 Broadway Street Boulder, CO 80304 Attn: Dinesh and Dhirendra Shrestha ___________________________________ Sent Via Email on 5/27/2022 to: dds.lfmart@gmail.com Attachment 1 CHAPTER 8 Section 8-1 POST-ISSUANCE ACTIONS 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. - 13 - Owners (Diinesh and Dhirendra Shrestha)5/18/22 "City of Boulder" and "Colorado Department of Revenue" fees are preferred paid online at: For City of Boulder with a city CSS account at: https://energovcss.bouldercolorado.gov/EnerGov_Prod/SelfService#/home For Colorado Department of Revenue at: https://secure.colorado.gov/payment/liquor Liquor License Type City Application Fee City License Fee Total City Fees City Occupation Tax State Application Fee State License Fee Total State Fees Arts New $1,000.00 $41.25 $1,041.25 $1,284.00 $1,100.00 $308.75 $1,408.75 Transfer $750.00 $41.25 $791.25 $1,284.00 $1,100.00 $308.75 $1,408.75 Concurrent Review $1,000.00 $41.25 $1,041.25 $1,284.00 $1,200.00 $308.75 $1,558.75 Renewal $100.00 $41.25 $141.25 $1,284.00 $50.00 $308.75 $358.75 Art Gallery Permit New $100.00 $25.00 $125.00 $0.00 $71.25 $71.25 $142.50 Transfer $100.00 $25.00 $125.00 $0.00 $71.25 $71.25 $142.50 Concurrent Review $100.00 $25.00 $125.00 $0.00 $71.25 $71.25 $142.50 Renewal $100.00 $25.00 $125.00 $0.00 $50.00 $71.25 $121.25 Bed & Breakfast Permit New $100.00 $25.00 $125.00 $0.00 $50.00 $21.25 $71.25 Transfer $100.00 $25.00 $125.00 $0.00 $50.00 $21.25 $71.25 Concurrent Review $100.00 $25.00 $125.00 $0.00 $50.00 $21.25 $71.25 Renewal $100.00 $25.00 $125.00 $0.00 $50.00 $71.25 $121.25 Beer & Wine New $1,000.00 $48.75 $1,048.75 $1,085.00 $1,100.00 $351.25 $1,451.25 Transfer $750.00 $48.75 $798.75 $1,085.00 $1,100.00 $351.25 $1,451.25 Concurrent Review $1,000.00 $48.75 $1,048.75 $1,085.00 $1,200.00 $351.25 $1,551.25 Renewal $100.00 $48.75 $148.75 $1,085.00 $50.00 $351.25 $401.25 Brew Pub New $1,000.00 $75.00 $1,075.00 $3,253.00 $1,100.00 $750.00 $1,850.00 Transfer $750.00 $75.00 $825.00 $3,253.00 $1,100.00 $750.00 $1,850.00 Concurrent Review $1,000.00 $75.00 $1,075.00 $3,253.00 $1,200.00 $750.00 $1,950.00 Renewal $100.00 $75.00 $175.00 $3,253.00 $50.00 $750.00 $800.00 Club New $1,000.00 $41.25 $1,041.25 $1,284.00 $1,100.00 $308.75 $1,408.75 Transfer $750.00 $41.25 $791.25 $1,284.00 $1,100.00 $308.75 $1,408.75 Concurrent Review $1,000.00 $41.25 $1,041.25 $1,284.00 $1,200.00 $308.75 $1,508.75 Renewal $100.00 $41.25 $141.25 $1,284.00 $50.00 $308.75 $358.75 Distillery Pub New $1,000.00 $75.00 $1,075.00 $3,253.00 $1,100.00 $750.00 $1,850.00 Transfer $750.00 $75.00 $825.00 $3,253.00 $1,100.00 $750.00 $1,850.00 Concurrent Review $1,000.00 $75.00 $1,075.00 $3,253.00 $1,200.00 $750.00 $1,950.00 Renewal $100.00 $75.00 $175.00 $3,253.00 $50.00 $750.00 $800.00 Liquor Licensed Drugstore New $1,000.00 $22.50 $1,022.50 $988.50 $1,100.00 $227.50 $1,327.50 Transfer $750.00 $22.50 $772.50 $988.50 $1,100.00 $227.50 $1,327.50 Concurrent Review $1,000.00 $22.50 $1,022.50 $988.50 $1,200.00 $227.50 $1,427.50 Renewal $100.00 $22.50 $122.50 $988.50 $50.00 $227.50 $277.50 Lodging & Entertainment New $1,000.00 $75.00 $1,075.00 $3,253.00 $1,100.00 $500.00 $1,600.00 Transfer $750.00 $75.00 $825.00 $3,253.00 $1,100.00 $500.00 $1,600.00 Concurrent Review $1,000.00 $75.00 $1,075.00 $3,253.00 $1,200.00 $500.00 $1,700.00 Renewal $100.00 $75.00 $175.00 $3,253.00 $50.00 $500.00 $550.00 Hotel-Restaurant New $1,000.00 $75.00 $1,075.00 $3,253.00 $1,100.00 $500.00 $1,600.00 Transfer $750.00 $75.00 $825.00 $3,253.00 $1,100.00 $500.00 $1,600.00 Concurrent Review $1,000.00 $75.00 $1,075.00 $3,253.00 $1,200.00 $500.00 $1,700.00 Renewal $100.00 $75.00 $175.00 $3,253.00 $50.00 $500.00 $550.00 2022 LIQUOR LICENSE FEE SCHEDULE Effective January 1, 2022 Liquor License Type City Application Fee City License Fee Total City Fees City Occupation Tax State Application Fee State License Fee Total State Fees Retail Liquor Store New $1,000.00 $22.50 $1,022.50 $988.50 $1,100.00 $227.50 $1,327.50 Transfer $750.00 $22.50 $772.50 $988.50 $1,100.00 $227.50 $1,327.50 Concurrent Review $1,000.00 $22.50 $1,022.50 $988.50 $1,200.00 $227.50 $1,427.50 Renewal $100.00 $22.50 $122.50 $988.50 $50.00 $227.50 $277.50 Tastings Permit $0.00 $50.00 $50.00 N/A $0.00 $0.00 $0.00 Delivery Permit $0.00 $0.00 $0.00 N/A $0.00 $0.00 $0.00 Out of State D.P.$0.00 $0.00 $0.00 N/A $0.00 $100.00 $100.00 Tavern New $1,000.00 $75.00 $1,075.00 $3,253.00 $1,100.00 $500.00 $1,600.00 Transfer $750.00 $75.00 $825.00 $3,253.00 $1,100.00 $500.00 $1,600.00 Concurrent Review $1,000.00 $75.00 $1,075.00 $3,253.00 $1,200.00 $500.00 $1,700.00 Renewal $100.00 $75.00 $175.00 $3,253.00 $50.00 $500.00 $550.00 Fermented Malt Beverage Off-Premise New $1,000.00 $3.75 $1,003.75 $275.00 $1,100.00 $96.25 $1,196.25 Transfer $750.00 $3.75 $753.75 $275.00 $1,100.00 $96.25 $1,196.25 Concurrent Review $1,000.00 $3.75 $1,003.75 $275.00 $1,200.00 $96.25 $1,346.25 Renewal $100.00 $3.75 $103.75 $275.00 $50.00 $96.25 $146.25 Fermented Malt Beverage On-Premise New $1,000.00 $3.75 $1,003.75 $400.00 $1,100.00 $96.25 $1,196.25 Transfer $750.00 $3.75 $753.75 $400.00 $1,100.00 $96.25 $1,196.25 Concurrent Review $1,000.00 $3.75 $1,003.75 $400.00 $1,200.00 $96.25 $1,296.25 Renewal $100.00 $3.75 $103.75 $400.00 $50.00 $96.25 $146.25 Special Event Permit (Beer, Wine, & Hard Liquor) Fee per day (Limit 15 days @ year) $50 for 250 people or less or $100 for 251 people or more $0.00 $50 for 250 people or less or $100 for 251 people or more N/A N/A $0 00 $0 00 Local and State Feea should be made payable to "City of Boulder" and/or "Colorado Department of Revenue", and are preferred to be paid online Occupation Tax listed above is for an entire year period. Occupation Tax is a yearly tax that is billed each January 1 and each July 1 for the next 6 month period and is due 30 days after the billing date. For New licenses, occupation tax need not be paid at the time of application but instead will be pro-rated and billed based on the date of license issuance. For Transfer licenses, occupation tax must be paid before a temporary license will be issued. Occupation tax continues to accrue even in the instance of closure so it is in a licensee's best interest to promptly surrender unused liquor licenses. Change Local Fee State Fee Background Fee Change of Location $750.00 $150.00 None Trade Name or Business Entity Name Change $50.00 $50.00 None Entity Changes- Officers/Owners (per new person- may be charged by city or state) $100.00 $100.00 CABS Vendor Fee Duplicate License $50.00 $50.00 None Expansion- add Optional Premises (each permit)None $100.00 None Late Renewal Fee (after expiration date)$500.00 $500.00 None Manager Registration (H&R,Tavern,Lodging & Entertainment licenses) $75.00 $75.00 CABS Vendor Fee Modification of Premises (Temporary/ Permanent)$50/$100 $300/$150 None Temporary License for Transfers Only $100.00 None None 500' Measurement Request $50.00 None None The Background fee is paid at time of online registration through the designated CABS vendor. Please see the application packet for more information. 2022 FEES FOR LIQUOR LICENSE CHANGES Effective January 1, 2022 Local and State Fees are payable to "City of Boulder" and/or "Colorado Department of Revenue", and are preferred paid online. 3 DR 8400 (07/24/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Affirmation & Consent I declare under penalty of perjury in the second degree that this application and all attachments are true, correct and complete to the best of my knowledge. Type or Print Name of Applicant/Authorized Agent of Business Title Signature Date Report & Approval of City or County Licensing Authority The foregoing application has been examined and the premises, business conducted and character of the applicant are satisfactory, and we do hereby report that such license, if granted, will comply with the provisions of Title 44, Articles 4 and 3, C.R.S., and Liquor Rules. Therefore this application is approved. Local Licensing Authority For Date Signature Title Attest Dinesh and Dhirendra Shrestha Owners 5/18/22 4 Tax Check Authorization, Waiver, and Request to Release Information I, am signing this Tax Check Authorization, Waiver and Request to Release Information (hereinafter “Waiver”) on behalf of (the “Applicant/Licensee”) to permit the Colorado Department of Revenue and any other state or local taxing authority to release information and documentation that may otherwise be confi dential, as provided below. If I am signing this Waiver for someone other than myself, including on behalf of a business entity, I certify that I have the authority to execute this Waiver on behalf of the Applicant/Licensee. The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, and oversees the Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information and documentation obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee’s liquor license application and ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, section 44-3-101. et seq. (“Liquor Code”), and the Colorado Liquor Rules, 1 CCR 203-2 (“Liquor Rules”), require compliance with certain tax obligations, and set forth the investigative, disciplinary and licensure actions the state and local licensing authorities may take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and payment obligations. The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution or ordinance concerning the confi dentiality of tax information, or any document, report or return fi led in connection with state or local taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the state and local licensing authorities take fi nal action to approve or deny any application(s) for the renewal of the license, whichever is later. Applicant/Licensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal of any license, if requested. By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information, release information and documentation to the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as the Applicant’s/Licensee’s duly authorized representative under section 39-21-113(4), C.R.S., solely to allow the state and local licensing authorities, and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/Licensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to use the information and documentation obtained using this Waiver in any administrative or judicial action regarding the application or license. Name (Individual/Business)Social Security Number/Tax Identifi cation Number Address City State Zip Home Phone Number Business/Work Phone Number Printed name of person signing on behalf of the Applicant/Licensee Applicant/Licensee’s Signature (Signature authorizing the disclosure of confi dential tax information)Date signed Privacy Act Statement Providing your Social Security Number is voluntary and no right, benefi t or privilege provided by law will be denied as a result of refusal to disclose it. § 7 of Privacy Act, 5 USCS § 552a (note). DR 8495 (07/23/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Dinesh and Dhirendra Shrestha DDS Liquor & Food Mart DDS Liquor & Food Mart 4481 N. Broadway Street Boulder CO 80304 (720) 216-1950 Dinesh and Dhirendra Shrestha 5/18/22 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 Veronica Vecchio, Attorney Laszlo Law 2595 Canyon Boulevard, Suite 210 Boulder, CO 80302 RE: The Waffle Lab Boulder LLC d/b/a The Waffle Lab Proposed Premise Location: 1155 13th Street, Boulder, CO 80302 FOR A New Hotel-Restaurant type liquor license TO THE APPLICANT ABOVE-NAMED AND OTHER INTERESTED PARTIES; GREETINGS: Pursuant to C.R.S. 44-3-312(1) and the below referenced State laws and the city of Boulder Beverages Licensing Authority (BLA) Rules of Procedure, you are hereby advised that with regard to the application for a New Hotel-Restaurant type liquor license, an investigation has been made and based on the results thereof the following has been determined: 1.APPLICATION PACKET Responsive to C.R.S. §44-3-311(1) and BLA Rules of Procedure Section 4-3, the applicant, as stated above, submitted an application packet, which was substantially complete, to the City Clerk's Office on May 24, 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 until September 4, 2026. 4. ZONING AND HEALTH DEPARTMENT REGULATIONS COMPLIANCE Responsive to C.R.S. §44-3-313 (1)c and BLA Rules of Procedure, Subsection 5-1- 1 (C), selling alcohol in the manner proposed in the application is not in violation of any zoning laws of the City of Boulder and the use is consistent with the location’s permissible planning conditions and zoning district. The applicant must meet all applicable laws, rules and regulations of the City’s Planning Department as to construction and building safety requirements at the premise, and if applicable, the Boulder County Health Department and the State Board of Health for food preparation and service. 5. PROXIMITY TO SCHOOLS Responsive to C.R.S. §44-3-313 (1)d et seq. and BLA Rules of Procedure, Subsection 5-1-1 (D), the building in which the liquor is to be sold has a local distance waiver enacted or is not located within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary. This requirement is not applicable to applications for Bed and Breakfast Permits. 6. BACKGROUND INFORMATION Responsive to C.R.S. §44-3-307 and BLA Rules of Procedure Subsection 5-1-1 (F), the following criminal history information has been discovered or brought to the attention of the Authority: Applicant (including partners, officers, directors over 10% stockholders): Ashley Zeruto – 50% Owner Rachael Roumaya – 25% Owner Brad Roumaya – 25% Owner and proposed registered manager BLA members should refer to the additional board member attachment that was shared in a separate secure folder. Prior Administrative and Operational Characteristics: Ashley Zeruto, Rachael Roumaya and Brad Roumaya hold an interest in two liquor licenses as disclosed on their individual history records. 7. APPLICANT FINANCIAL INTEREST Responsive to C.R.S. §44-3-308 and BLA Rules of Procedure Subsection 5-1-1 (G), the applicant’s financial interest and associated parties disclosures are to be found in the submitted city of Boulder BLA Financial Statement with attachments, the submitted Colorado Liquor Retail License Application or Colorado Fermented Malt Beverage (3.2% Beer) 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, July 20, 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://wwwstatic. 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. June 29, 2022 BEVERAGE LICENSING AUTHORITY CITY OF BOULDER, COLORADO ____________________________________ Katelyn Kellogg, Licensing Specialist The Waffle Lab Alcohol Service Policy GOAL It is the goal of management to educate and provide entertainment while ensuring that patrons attending our restaurant have an enjoyable visit in a safe environment. The responsible management of alcohol is a key component of achieving this goal. It is the responsibility of every worker to participate in this effort as a team. Therefore, we encourage every worker to carefully read the following alcohol policies and procedures. They are designed to assist all of us in preventing and reducing problems associated with alcohol use, and to create a safe environment for our patrons. POLICIES Admissions • Persons intoxicated may be denied entry, ejected or denied service. • Patrons will not receive a refund if ejected. • Patrons will receive stamps and/or wristbands to easily identify them as 21 years of age or older. Sale of Alcoholic Beverages • All servers will be professionally trained in responsible beverage service through the TIPs program, required to read our event's policies and procedures and sign a Server Responsibility Statement as per the attached example. • Management reserves the right to stop or restrict alcohol sales at any time. 1 • Servers must be at least 21 years of age to sell alcohol. Servers must be 18 years of age if supervised by a manager of 21 years or older to serve alcohol. • Servers may not consume alcohol while on duty because alcohol impairs your ability to perform your duties. • Patrons must be at least 21 years old to be served alcohol. • All patrons must show bona fide (legally acceptable) I.D. An I.D. is legally acceptable if it: Examples of legally acceptable I.D.'s are: • Driver's license • State-issued identification card • Military identification card • Passport Examples of unacceptable I.D.'s are: • Temporary driver's licenses • Non-photo driver's licenses • Expired driver’s licenses • Vertical licenses • Expired State-issued identification card • Receipts for license from DMV • Birth certificates • School or work I.D. cards • Social security card • If a patron shows a false I.D.,they will be denied entry and/or service. • A false I.D. is any altered, borrowed, stolen, counterfeit or forged I.D. • If a false I.D. is presented, immediately contact a manager. • Inform the patron that you are calling a manager and will temporarily hold the I.D. until management arrives. • If the patron chooses to leave without the I.D. before management arrives, the I.D. has become abandoned property. • If the patron remains until management arrives, management will make a determination on whether the I.D. is acceptable. • If it is determined that the I.D. is false, it will be confiscated by management. • Alcohol service will cease at 11:00 pm. • A limit of 1 alcoholic drink will be served per person, at a time. • Cups for soft drinks will be a different color than the cups used for alcoholic beverages. • Patrons who are either impaired or obviously intoxicated will not be served. Enforcement/Intervention • All workers and servers are to notify either their supervisor when they observe a person who is impaired or obviously intoxicated. • Employees should actively observe patrons to be able to readily identify an intoxicated patron. Examples of an intoxicated patron include but are not limited to: o shouting, loud or aggressive behavior o stumbling, falling or needing the aid of another person or object to stand 2 o buying multiple drinks or drinks for 'everyone' • If a patron is intoxicated, employees will take mitigating steps, including but not limited to: o stop serving alcohol o offer non-alcoholic beverage or food o Offer to help find the patron a safe ride (taxi, uber, etc) • Management will coordinate and communicate with local law that policies and procedures will be carried out. • Documentation by management & alcohol servers will be completed and submitted to management for any incidents. Incident report template is attached. • Persons in possession of unlawful items (e.g., weapons, drugs, false I.D.'s) will be denied entry or ejected. enforcement to ensure Alcohol Storage & Inventory Process • General Managers, managers and assistant managers will have access to unlocking the liquor storage cabinets • At the end of each day (11:00 PM), managers will take inventory of all alcohol and will lock each cabinet and refrigerator that store alcohol. • At the beginning of each day, managers will unlock each alcohol storage location and take a beginning of the day inventory to ensure it matches the previous day's ending inventory. Policy Violations • Any employee who improperly serves alcohol unknowingly for the 1st offense will need re-training or may be terminated at the discretion of The Waffle Lab. • Any employee who intentionally serves alcohol improperly at any time will be terminated. • Any employee who serves alcohol knowingly or unknowingly in violation of the law will either be suspended or terminated for the second offense. • Management will employ 'secret shoppers' which is a 3rd party company that will test employees compliance to these rules and policies. These events will happen at the discretion of Waffle Lab ownership and advanced warning will not occur. Any employee that fails these compliance checks will be suspended and/or terminated immediately.. Server: Read and Sign I understand that our restaurant is dedicated to the safe and responsible sale and service of alcohol. I will not knowingly serve alcohol to an underage or obviously intoxicated person. I will report any signs of illegal activity to management. I understand that if I improperly serve alcohol unknowingly for the 1st offense I will need re-training or may be terminated at the discretion of The Waffle Lab. Any employee who intentionally serves alcohol improperly at any time will be terminated. Any employee who serves alcohol knowingly or unknowingly in violation of the law will either be suspended or terminated for the second offense. I will not consume alcoholic beverages while on duty. I have read and understand our policies. I understand that if I follow 3 these policies, management will fully support my decisions. I also recognize that my failure to follow these policies may result in negative consequences for myself up to and including termination. _________________________________________________ Signature Date _____________________________ Printed Name 4 1 DR 8404 (01/22/20) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Liquor Retail License Application New License New-Concurrent Transfer of Ownership State Property Only Master ¿le • All answers must be printed in black ink or typewritten • Applicant must check the appropriate box(es) • Applicant should obtain a copy of the Colorado Liquor and Beer Code: www.colorado.gov/enforcement/liquor 1.Applicant is applying as a/an Individual Limited Liability Company Association or Other Corporation Partnership (includes Limited Liability and Husband and Wife Partnerships) 2.Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation FEIN Number 2a. Trade Name of Establishment (DBA)State Sales Tax Number Business Telephone 3.Address of Premises (specify exact location of premises, include suite/unit numbers) City County State ZIP Code 4.Mailing Address (Number and Street)City or Town State ZIP Code 5.Email Address 6.If the premises currently has a liquor or beer license, you must answer the following questions Present Trade Name of Establishment (DBA)Present State License Number Present Class of License Present Expiration Date Section A Nonrefundable Application Fees* Section B (Cont.)Liquor License Fees* Application Fee for New License ............................................$1,550.00 Application Fee for New License w/Concurrent Review ............$1,650.00 Application Fee for Transfer ...................................................$1,550.00 Liquor–Licensed Drugstore (County) ..................................................$312.50 Lodging & Entertainment - L&E (City) .................................................$500.00 Lodging & Entertainment - L&E (County) ...........................................$500.00 Manager Registration - H & R ................................................................$75.00 Manager Registration - Tavern ...............................................................$75.00 Manager Registration - Lodging & Entertainment ................................$75.00 Manager Registration - Campus Liquor Complex ...............................$75.00 Optional Premises License (City) .........................................................$500.00 Optional Premises License (County) ...................................................$500.00 Racetrack License (City) .......................................................................$500.00 Racetrack License (County) .................................................................$500.00 Resort Complex License (City).............................................................$500.00 Resort Complex License (County) .......................................................$500.00 Related Facility - Campus Liquor Complex (City) ..............................$160.00 Related Facility - Campus Liquor Complex (County) ........................$160.00 Related Facility - Campus Liquor Complex (State) ............................$160.00 Retail Gaming Tavern License (City) ...................................................$500.00 Retail Gaming Tavern License (County) ..............................................$500.00 Retail Liquor Store License--Additional (City) ......................................$227.50 Retail Liquor Store License--Additional (County) ................................$312.50 Retail Liquor Store (City) .......................................................................$227.50 Retail Liquor Store (County) .................................................................$312.50 Tavern License (City) ..........................................................................$500.00 Tavern License (County) ....................................................................$500.00 Vintners Restaurant License (City) ......................................................$750.00 Vintners Restaurant License (County) .................................................$750.00 Section B Liquor License Fees* Add Optional Premises to H & R .........$100.00 X ________ Total ________ Add Related Facility to Resort Complex $75.00 X ________ Total ________ Add Sidewalk Service Area.................................................................... $75.00 Arts License (City) ................................................................................$308.75 Arts License (County) ..........................................................................$308.75 Beer and Wine License (City) ..............................................................$351.25 Beer and Wine License (County) ........................................................$436.25 Brew Pub License (City) .................................................................... $750.00 Brew Pub License (County) .................................................................$750.00 Campus Liquor Complex (City) ...........................................................$500.00 Campus Liquor Complex (County) .....................................................$500.00 Campus Liquor Complex (State) .........................................................$500.00 Club License (City) ...............................................................................$308.75 Club License (County) ........................................................................$308.75 Distillery Pub License (City) .................................................................$750.00 Distillery Pub License (County) ...........................................................$750.00 Hotel and Restaurant License (City) ...................................................$500.00 Hotel and Restaurant License (County) ............................................$500.00 Hotel and Restaurant License w/one opt premises (City) .................$600.00 Hotel and Restaurant License w/one opt premises (County) ............$600.00 Liquor–Licensed Drugstore (City) .......................................................$227.50 * Note that the Division will not accept cash Questions? Visit: www.colorado.gov/enforcement/liquor for more information Do not write in this space - For Department of Revenue use only Liability Information License Account Number Liability Date License Issued Through (Expiration Date)Total $ [ [ %RXOGHU &2 The Waffle Lab Boulder, LLC The Waffle Lab (720) 287-4378 1155 13th St Boulder 80302 1155 13th Street Boulder 80302 info@wafflelab.com &2             2 DR 8404 (01/22/20)Application Documents Checklist and Worksheet Instructions: This checklist should be utili]ed to assist applicants with ¿ling all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. 8pon ¿nal State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: www.colorado.gov/enforcement/liquor for more information Items submitted, please check all appropriate boxes completed or documents submitted I. Applicant information A. Applicant/Licensee identi¿ed B. State sales tax license number listed or applied for at time of application C. License type or other transaction identi¿ed D. Return originals to local authority (additional items may be required by the local licensing authority) E. All sections of the application need to be completed F. Master ¿le applicants must include the Application for Master File form DR 8415 and applicable fees to this Retail License Application II. Diagram of the premises A. No larger than 8 1/2" X 11" B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) C. Separate diagram for each Àoor (if multiple levels) D..itchen - identi¿ed if Hotel and Restaurant E. Bold/Outlined Licensed Premises III. Proof of property possession (One Year Needed) A. Deed in name of the applicant (or) (matching question 2) date stamped / ¿led with County Clerk B. Lease in the name of the applicant (or) (matching question #2) C.Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant D. Other agreement if not deed or lease. (matching question #2) IV. Background information (DR 44-I) and ¿nancial documents A. Complete DR 8404-I for each principal (individuals with more than 10 ownership, of¿cers, directors, partners, members) B. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor. Do not complete ¿ngerprint cards prior to submitting your application. The Vendors are as follows: IdentoGO – https://uenroll.identogo.com/ Phone: 844-539-5539 (toll-free) IdentoGO FAQs: https://www.colorado.gov/pacific/cbi/identification-faqs Colorado Fingerprinting – KWWSZZZFRORUDGR¿QJHUSULQWLQJFRP Appointment Scheduling Website: KWWSZZZFRORUDGR¿QJHUSULQWLQJFRPFDEV Phone: 720-292-2722 Toll Free: 833-224-2227 C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license D. List of all notes and loans (Copies to also be attached) V. Sole proprietor/husband and wife partnership (if applicable) A. Form DR 4679 B. Copy of State issued Driver ¶s License or Colorado Identi¿cation Card for each applicant VI. Corporate applicant information (if applicable) A. Certi¿cate of Incorporation B. Certi¿cate of Good Standing C. Certi¿cate of Authorization if foreign corporation (out of state applicants only) VII. Partnership applicant information (if applicable) A. Partnership Agreement (general or limited). B. Certi¿cate of Good Standing VIII. Limited Liability Company applicant information (if applicable) A. Copy of articles of organization B. Certi¿cate of Good Standing C. Copy of Operating Agreement (if applicable) D. Certi¿cate of Authority if foreign LLC (out of state applicants only) IX. Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor Complex licenses when included with this application A. $75.00 fee B. Individual History Record (DR 8404-I) C. If owner is managing, no fee required             10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) Yes No 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (If yes, explain in detail.) Yes No 12. Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) Yes No Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information required in question #13 is solely for identification purposes. 13a. Date of Birth b. Social Security Number c. Place of Birth d. U.S. Citizen Yes No e. If Naturalized, state where f. When g. Name of District Court h. Naturalization Certificate Number i. Date of Certification j. If an Alien, Give Alien’s Registration Card Number k. Permanent Residence Card Number l. Height m. Weight n. Hair Color o. Eye Color p. Gender q. Do you have a current Driver’s License/ID? If so, give number and state. Yes No # _____ State _________________ 14. Financial Information. a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $ _________________________________ b. List the total amount of the personal investment , made by the person listed on question #2, in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ __________________________ * If corporate investment only please skip to and complete section (d) ** Section b should reflect the total of sections c and e c. Provide details of the personal investment described in 14b. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Account Type Bank Name Amount d. Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Loans Account Type Bank Name Amount e. Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security Amount Oath of Applicant I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature Print Signature Title Date DR 8404-I (03/20/19) Bayshore, NY 5'6 170 Brown Brown Female CO 40,250 Cash n/a Checking Bank of Colorado $40,250 Ashley Zeruto Owner 05/11/22 ADMINISTRATIVE REVIEW NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department: DECISION: APPROVED DATE: May 2, 2022 REQUEST TYPE: Conditional Use ADDRESS: 1155 13th ST, SUITE 101 APPLICANT: ASHLEY ZERUTO, THE WAFFLE LAB BOULDER LLC CASE NUMBER: ADR2022-0005 LEGAL DESCRIPTION: LOTS 46-48, BLOCK 4, UNIVERSITY PLACE, COUNTY OF BOULDER, COLORADO DESCRIPTION: Conditional use review to modify the operating characteristics of a 1,855 square foot restaurant (“The Waffle Lab”) with a 156 square foot outdoor patio at 1155 13th Street. The review would allow for alcohol service, increase interior seating, and change the hours of operation to seven days a week from 8:00 a.m. to 11:00 p.m. FINAL DECISION STANDARDS This application is approved pursuant to the Conditional Use Standards for Restaurants, Brewpubs, and Taverns in the University Hill General Improvement District within the BMS Zoning District, as set forth in Subsection 9-6-5(b)(2), B.R.C. 1981. This approval is subject to the following standards. These standards must be met in order for the administrative review approval to be valid. 1. The restaurant shall operate in accordance with the Management Plan dated Feb. 15, 2022, which is attached to this notice as Exhibit A. 2. The hours of operation for the approved use shall be from 8:00 a.m. to 11:00 p.m., seven days a week. Outdoor patio service shall cease no later than 11:00 p.m. 3. The floor area of the restaurant use shall be limited to the area depicted on the approved floor plan, 1,855 square feet. The total number of indoor seats for the restaurant shall not exceed 48 seats, and the total number of exterior seats shall not exceed 29 seats. 4. No outdoor music or entertainment shall be provided after 11:00 p.m. 5. The outdoor seating area shall not generate noise exceeding the levels permitted in Chapter 5-9, "Noise," B.R.C. 1981. 6. New signage that is visible from the public right-of-way requires approval of sign permits and compliance with Section 9-9-21, "Signs." B.R.C. 1981. 7. All trash located within the outdoor dining area, on the restaurant property, and adjacent streets, sidewalks, and properties shall be picked up and properly disposed of immediately after closing. 8. Trash, recyclables, and compostables shall not be collected between the hours of 10:00 p.m. and 7:30 a.m. 9. Any change to the operating characteristics (e.g., hours of operation, square footage, exterior amplification, and other impacts not previously considered, etc.) that constitutes an expansion shall be reviewed under the conditional use standards of Section 9-6-5(b)(2), "Restaurants, Brewpubs, and Taverns in the University Hill General Improvement District Within the BMS Zoning District," B.R.C. 1981. Address: 1155 13TH ST 2 10. This approval shall be limited to The Waffle Lab within the subject tenant space. Any changes in ownership shall be subject to the review and approval of the Planning Department. The purpose of such review shall be to inform such subsequent user of this space that it will be required to operate the restaurant in compliance with the terms of this approval. This decision is final and may not be appealed. A new request may be considered only as a new application. Approved By: Sloane Walbert, Planning Department Feb 15, 2022 The Waffle Lab Management Plan (A)A description of the food service offered; The Waffle Lab offers authentic belgian style, liege waffles that are topped with both sweet and savory options like chicken, fruit, gravy and cheese. Our most famous option is our Chicken and Waffles which is hand-battered fried chicken atop our liege waffle, smothered in sausage-rosemary gravy with a side of maple syrup. We started as a food truck in Fort Collins and now have a successful brick and mortar restaurant in Old Town, Fort Collins and are very excited to bring our famous waffles to Boulder! We plan to apply for a liquor license to serve beverages that will compliment our food such as mimosas and bloody marys in the morning and beer, wine and cocktails in the afternoon/evening. (B)Hours of operation; Our proposed hours of operation will be: 8 am - 11 pm, 7 days a week (C)Client and visitor arrival and departure times; Customers will enter through the retail storefront on 13th St during hours of operation defined above. (D)Coordinated times for deliveries and trash collection; Trash collection is conducted through the shared trash dumpsters provided by our building management and is collected through the alleyway behind our building. Deliveries will be delivered at various times between 7 am and 8 pm and will be done in a way to not disturb neighbors or traffic. Trash, recyclables, and compostables will not be collected between the hours of 10:00 pm and 7:30 am. (E)A description of the type of entertainment provided; There will be 3 televisions inside of the building for entertainment such as football games or other tv programs. There is no plan for formal entertainment on site. Just food and beverage service. (F)Size, location, and number of electronic amplifiers; There are 10 small speakers mounted inside the restaurant to the walls for guest music. The music is intended as background music to customer conversation. The speakers are approximately 11 inches by 6 inches. (G)Techniques and strategies to mitigate noise impacts; We do not foresee noise that will be impactful on the neighborhood. Our restaurant at full capacity should not be heard from the exterior of the building as the walls are constructed of solid brick and our music will be used a background music. Trash, recyclables, and compostables will not be collected between the hours of 10:00 pm and 7:30 am. No outdoor music or entertainment will be provided after 11 pm. (H)A description of how the applicant will prevent littering and maintain an orderly appearance of the premises and any adjacent right-of-way; Garbage and recycling bins will be placed inside and outside of the restaurant. Customers will be asked to clean their own tables however, staff will be trained to clear any tables immediately when a customer leaves. They will also be trained that the appearance around our restaurant is a reflection of how we care for our neighborhood and will be instructed to ensure that the areas near our restaurant are clean and litter is disposed of properly even if it wasn’t a product of our restaurant. (I)A security plan describing security features, including, without limitation, personnel and equipment; We will have a minimum of 5 high definition security cameras in and around the building as well as a security system. We will work with local law enforcement to create a great line of communication to ensure the safety of our patrons, staff, and surrounding community. (J)The facility's drug and alcohol policy; Drugs and outside alcohol will not be permitted on the property at any time. If drugs or outside alcohol are observed the manager on duty will be informed and will ask the customer to exit the premises. If necessary, the manager will escalate to local law enforcement to ensure the safety of both the customer and employees. Employees are not allowed to report to work under the influence of any drug or alcohol and will be issued disciplinary action if they are found to report to work under the influence or use a substance at any point during their work shift. (K)Strategies to avoid loitering; Our restaurant will always be staffed with a manager on duty that will be required to walk around the entrance of the restaurant at various times of the day and to remind others that loitering is not allowed. We will kindly ask anyone loitering to please vacate the area and work with local law enforcement in situations where needed. (L)Employee education; Employees will not only be trained in the practices of making our menu items but also in conflict resolution, exceptional customer service and an escalation process to ensure a safe, welcoming environment for all to enjoy our waffles. All employees serving alcohol will be required to be certified in the TIPS Alcohol training program before being allowed to serve any alcohol. (M)The facility's responsibilities as good neighbors; We are a small family owned business and are very involved in the operations of our business. First and foremost, we instill in our employees that kindness is essential to success. Our mentality is always to help anyone that asks for help knowing that we will one day need help as well. We have already started visiting the businesses on the hill to introduce ourselves, support them with eating at their establishments and inviting them in to the restaurant when we open. (N)Neighborhood outreach and methods for future communication; and We are very involved in our community in Fort Collins being part of many fundraisers and events for appreciation of different groups in our area. We intend to be the same way in Boulder and are very excited to meet all of our neighbors. As owners we believe that part of the success of our business is giving back to the community that allows us to be successful. We can be reached at anytime with the following information: Ashley Zeruto, Owner,ashley@wafflelab.com, 512-522-5118 Rachael Roumaya, Owner,rachael@wafflelab.com,512-576-4330 Brad Roumaya, Owner,brad@wafflelab.com,512-501-9746 (O)Dispute resolution strategies for any conflicts with the surrounding neighborhood. We do not foresee disputes with our neighbors. We always strive to be an example for our community and intend to do the same in Boulder. As stated above we have already tried to meet as many of our neighbors as possible and will continue to do so as we spend time in the restaurant. We welcome any and all suggestions and communication from our neighbors at the contact information listed above. We believe in open communication with those around us and are happy to talk to anyone with any questions or concerns. Thank you. Ashley Zeruto Owner ashley@wafflab.com CITY OF BOULDER STATEMENT OF TRAINING The Applicant hereby states that they understand the importance of being familiar with and complying with the Colorado Liquor Code, Colorado Beer Code and State of Colorado Liquor Regulations. Therefore, with respect to the Applicants' owners, managers, and all other employees who will have any connection or involvement with liquor or fermented malt beverages on the subject licensed premises of this application, the Applicant states the following: All employees involved in the service of alcohol, including without limitation, managers, clerks, bartenders, and wait staff, shall attend a state-certified Responsible Vendor alcohol service class within two (2) months from the approval of this license. New employees shall take a class within two (2) months of their hiring date. Any employees participating in a Tastings at a retail liquor store liquor licensed location must have already completed a state-certified Responsible Vendor alcohol service class at the time of the Tasting. Training Certification must be renewed and must remain current for employees involved in the service or sale of alcohol in Boulder liquor licensed locations. The Applicant agrees that the above mentioned training shall be a continuing condition of holding the license if the Beverage Licensing Authority approves this application. OATH OF APPLICANT I declare under penalty of perjury in the second degree that I acknowledge that it is my responsibility and the responsibility of my agents and employees to know and to comply with the provisions of the Colorado Liquor and Beer Codes, State Liquor Regulations, and all City of Boulder Rules, Regulations, and Codes which affect my liquor license. Authorized Signature Print Name Title Date The Waffle Lab Boulder LLC 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. 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 hotel & restaurant 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: 2 Circulators – Saturday, June 25 2 Circulators – Sunday, June 26 2 Circulators – Monday, June 27 The Waffle Lab Boulder LLC 3 | P a g e 2 Circulators – Wednesday, June 29 2 Circulators – Friday, July 1 2 Circulators – Tuesday, July 5 Survey Statistics Summary of Signatures Obtained Businesses…………… 24 Residences………….. 74 Total 98 Details of Signatures Obtained Businesses Residents Total Signatures in Favor - “Yes” 23 66 89 Signatures in Opposition – “No” 1 8 9 Total 24 74 98 Statistical Analysis of Signatures In Favor……………… 90.8% In Opposition…….… 9.2% Details of Opposition Reason Businesses Residents Total Needs and Desires 1 6 7 None Given 0 2 2 Total 1 8 9 The Waffle Lab Boulder LLC 4 | P a g e Summary of Contact Attempts Total Ratio of Total Attempts Signatures Obtained 98 21.9% Not at Home 282 63.0% Not Willing To Sign 45 10.0% Owner/Manager Not Available 23 5.1% Total Knocks 448 100.0% Summary of Actual Contacts Total Contacts Number % of Total Contacts Business 58 34.7% Residents 109 65.3% Total 167 100.0% Reason for Contacts Not Willing To Sign Not Opinion 28 Not Interested 14 Too Busy 3 Total 45 Disqualified Signatures Reason Disqualified In Favor Opposed Under 21 Years of Age 2 0 Total 2 0 Statistical Analysis With Disqualifiers Businesses Residents Total Signatures in Favor - “Yes” 23 64 87 Signatures in Opposition – “No” 1 8 9 Total 24 72 96 The Waffle Lab Boulder LLC 5 | P a g e In Favor……………… 90.6% In Opposition…….… 9.4% Statistical Analysis For Needs and Desires Signatures in Favor - “Yes” 23 64 87 Signatures in Opposition – “No” 1 6 7 Total 24 70 94 In Favor……………… 92.5% In Opposition…….… 7.5% 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 Hotel & Restaurant 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. Report Prepared and Submitted by: _____________________________ Patrick Maroney President PS Logistics, LLC d/b/a Alcohol Petitioning Services Neighborhood Needs & Desires Petition Summary Sheet Applicant: The Waffle Lab boulder LLC Trade Name: The Waffle Lab Business Location: 1155 13th Street, Boulder CO 80302 Date(s) of Petitioning: June 25th, 26th, 27th, 29th, July 1st and July 5th Defined Neighborhood: NORTH – Marine Street Extended SOUTH – Columbine Avenue Extended EAST – Folsom Street to Colorado to 28th WEST – 6th Street Total Contacts: 448 Not at Home: 282 Not Qualified: 2 Refuse to Sign: 45 Needs & Desires Already Met: 7 Religious Objection: 0 Remained Neutral: 28 Alcohol Usage Objections: 0 No Reason Given: 2 TOTAL # IN FAVOR 87_ TOTAL # OPPOSED 7 PRE-FILE DUE DATE FOR PETITIONS: MONDAY July 11, 2022 P.O. Box 791 | 1136 Alpine Ave, Boulder CO 80304 | licensingonline@bouldercolorado.gov | O: 303-441-4192 Dear Liquor License Applicant: Before approving a liquor license application, the Beverage Licensing Authority (BLA) must consider the reasonable requirements of the neighborhood and the desires of the adult inhabitants as evidenced by petitions, remonstrances, supporting witnesses or other evidence submitted by the applicant and by residents and business owners/managers of the designated neighborhood. Although the law does not require that an applicant petition the neighborhood, it is the most common form of evidence presented at BLA application hearings. Enclosed you will find a blank Business petition form, Resident petition form, Application Summary to show at the door to possible petition signers, Petition Summary to total your results, Neighborhood Map, Existing Licenses List, and an Affidavit of Circulator. You will need to make copies of all enclosed documents including color copies of the Neighborhood Map. You will need to make sufficient copies of both the Resident petition form and the Business petition form to collect the signatures necessary to prove to the BLA that application approval is in order. The BLA does not specify a certain number or percentage of signatures that must be acquired; they do expect to see that a good sampling of both residences and businesses in the neighborhood was obtained. Petitions must be circulated within the neighborhood boundaries established by the BLA and outlined on the Neighborhood Map. Each door to door petitioner must carry and show at the door a color copy of the Neighborhood Map and a copy of the Existing Licenses List along with blank signature pages of both the Business petition and Resident petition forms. An individual signing a petition must include his or her first and last name. Each signature and accompanying address must be legible. For resident petitions, all persons signing must be at least 21 years of age and reside in the defined neighborhood. For business petitions, all persons signing must be at least 21 years of age and own and/or manage a business in the defined neighborhood. Each petitioner who has collected petition results door to door must submit a signed and notarized Affidavit of Circulator. Failure to affix a completed affidavit of circulator, including notarization, may cause petition invalidity concerns to be raised by the Authority. Petitions circulated outside the neighborhood boundaries shall not be considered. Please also note that only door to door petitions will be considered by the BLA. If the BLA determines that the petitions submitted are insufficient to support a finding that: (1) the reasonable requirements of the neighborhood establish a need for the issuance of the requested license, and (2) that the desires of the adult inhabitants dictate the issuance of the license, the BLA may either deny your application or continue your hearing an additional month or more to allow you time to conduct more petitioning. As such, full adherence to these procedures, completion of petition documentation, sufficient signatures collection, and timely submittal of petition results is important for your license application. At the conclusion of petitioning, please complete the Petition Summary and submit with your petition materials and affidavits of circulator to the City Licensing office. Your petition materials are via email to licensingonline@bouldercolorado.gov by 12:00pm on Monday, July 11, 2022. Liquor License Application Summary Page for Door to Door Neighborhood Petitioning Applicant: The Waffle Lab BoulderLLC Trade Name: The Waffle Lab Business Location: 1155 13th Street, Boulder Co 80302 Occupancy: Total Square Footage: 1,855 w/156 sq ft outdoor patio; Indoor: 48, Outdoor: 29 Business Description: Restaurant serving breakfast, lunch and dinner; target market-families, general population Operating Hours: Monday-Sunday 8 AM-11 PM Same # of Licenses in area: 16 Application Type: New Hotel-Restaurant Type Liquor License Defined Neighborhood: NORTH- Marine Street Extended SOUTH- Columbine Avenue Extended EAST- Folsom Street to Colorado to28th WEST- 6thStreet Date and Location of Beverage Licensing Authority Hearing to provide comment: Wednesday July 20, 2022 at 3PM Virtual Meeting: https://bouldercolorado.gov/government/board-commission/beverage- licensing-authority 30 minutes prior to meeting for meeting link Neighborhood Needs & Desires Petition Summary Sheet Applicant: The Waffle Lab boulder LLC Trade Name: The Waffle Lab Business Location: 1155 13th Street, Boulder CO 80302 Date(s) of Petitioning: Defined Neighborhood: NORTH – Marine Street Extended SOUTH – Columbine Avenue Extended EAST – Folsom Street to Colorado to 28th WEST – 6th Street Total Contacts: ________ Not at Home: _______________ Not Qualified: _______________ Refuse to Sign: _______________ Needs & Desires Already Met: _______________ Religious Objection: _______________ Remained Neutral: _______________ Alcohol Usage Objections: _______________ No Reason Given: _______________ TOTAL # IN FAVOR ___________ TOTAL # OPPOSED ______________ PRE-FILE DUE DATE FOR PETITIONS: MONDAY July 11, 2022 PERMIT_NUM LicenseNum Licensee TradeName Address LicenseClass LIQ2019-00248 03-11886 OBP RESTAURANTS, INC.OREGANO'S PIZZA BISTRO/Oregano's Italian Joint 2690 Baseline Road, Boulder CO 80305 Hotel-Restaurant LIQ2018-00054 42-78141-0000 Cafe Aion, LLC CAFE AION 1235 Pennsylvania Ave, Boulder, CO 80302-7095 Hotel-Restaurant LIQ2018-00017 40-97672-0000 BarMar, LLC ILLEGAL PETE'S 1124 13th St, Boulder, CO 80302-7016 Hotel-Restaurant LIQ2017-00147 03-00225 Sushi Hana, Inc SUSHI HANA 1220 Pennsylvania Ave, Boulder, CO 80302-7023 Hotel-Restaurant LIQ2018-80288 03-11108 HFS Restaurants, INC.Half Fast Subs on the Hill 1215 13th Street, Boulder CO 80302 Hotel-Restaurant LIQ2017-00142 02-60762-0000 Ritz Bros., Inc SINK, THE 1165 13th St, Boulder, CO 80302-7015 Hotel-Restaurant LIQ2017-00009 03-04578 13th Street The Hill, LLC TACO JUNKY 1149 13th St, Boulder, CO 80302-7015 Hotel-Restaurant LIQ2019-00541 03-12959 Hi- Mor, Inc.Peckish 1320 College Avenue, Boulder, CO 80302 Hotel-Restaurant LIQ2017-00066 40-42325-0000 Chay Loi & Nu To Do MAY WAH CHINESE & VIETNAMESE RESTAURANT 2500 Baseline Road, Boulder, CO 80305-3324 Hotel-Restaurant LIQ2017-00043 03-06241 Ado's LLC ADO'S 1143 13th Street, Unit 101, Boulder, CO 80302 Hotel-Restaurant LIQ2017-00037 23-57895-0000 Vishnu, Inc TAJ INDIAN CUISINE 2630 Baseline Rd, Boulder, CO 80305-3325 Hotel-Restaurant LIQ2017-00083 03-01680 Boulder DT LLC CORNER, THE 1100 13th St, Boulder, CO 80302 Hotel-Restaurant LIQ2017-00195 25-16009-0000 The Academy Group LP ACADEMY UNIVERSITY HILL 970 Aurora Ave, Boulder, CO 80302-7262 Hotel-Restaurant LIQ2020-00403 03-14088 Rosenberg's On The Hill, LLC Rosenberg's Bagels & Delicatessen 1262/1264 College Avenue, Boulder, CO 80302 Hotel-Restaurant LIQ2021-00291 03-15455 Sherry's On The Hill, LLC Sherry's Soda Shoppe 1087 13th Street, Boulder, CO 80302 Hotel-Restaurant LIQ2021-00450 03-16109 Penko Corporation CHICKEN ON THE HILL 1119 13th Street, Boulder, CO 80302 Hotel-Restaurant Resident Petition Form Applicant: Waffle Lab Boulder LLC Trade Name: The Waffle Lab Application Type: New Hotel-Restaurant Type Liquor License Business Location [See Map]: 1155 13th Street, Boulder CO 80302 Previous Business: N/A Date & Time of Hearing: Wednesday July 20th , 2022 at 3PM Location of Hearing: Virtual Hearing I, the undersigned, am aware that a liquor license application has been filed with the City of Boulder. I certify that I am at least 21 years of age and am a resident in the defined neighborhood. I have indicated below, with my signature, my opinion about approval/denial of the above referenced application. PERSON NAME (Please PRINT) ADDRESS *FAVOR **OPPOSE REASON WHY YOU FAVOR OR OPPOSE THIS APPLICATION SIGNATURE (Please SIGN, do not print) AGE TODAY’S DATE PETITION ISSUE: This petition/opinion poll is being conducted to determine the reasonable requirements, needs and desires of the adult inhabitants of the defined neighborhood per C.R.S. 44-4 and 44-3, the Colorado Beer and Liquor Codes, and per local licensing authority rules/procedures. [*] If you favor and support this New Hotel-Restaurant TYPE LIQUOR LICENSE application because it is your opinion the reasonable requirements of the adult inhabitants of the defined neighborhood (see map) are not now being adequately served by existing businesses that hold the same or similar type license now doing business in the defined neighborhood, and it is your desire that this liquor license be issued, please sign and check [*] FAVOR column to grant requested license, and then please write in your reason why you favor this license application. [**] If you oppose and do not support this New Hotel-Restaurant TYPE LIQUOR LICENSE application, please sign and check the [**] OPPOSE column, and please then indicate the reason you oppose this license application. If you think that you have been unduly influenced by the petition circulator or have questions or comments concerning the proposed application or survey method, please call: MISHAWN J. COOK, CITY OF BOULDER LICENSING MANAGER AT PHONE: 303-441-3010 OR EMAIL: cookm@bouldercolorado.gov DATE OF PETITIONING: TIME OF PETITIONING: Business Petition Form Applicant: Waffle Lab Boulder LLC Trade Name: The Waffle Lab Application Type: New Hotel-Restaurant Type Liquor License Business Location [See Map]: 1155 13th Street, Boulder CO 80302 Previous Business: N/A Date & Time of Hearing: Wednesday July 20th, 2022 at 3PM Location of Hearing: Virtual Hearing I, the undersigned, am aware that a liquor license application has been filed with the City of Boulder. I certify that I am at least 21 years of age and a business owner or manager in the defined neighborhood. I have indicated below, with my signature, my opinion about approval/denial of the above referenced application. BUSINESS NAME PERSON NAME [PRINT] ADDRESS *FAVOR **OPPOSE REASON WHY YOU FAVOR OR OPPOSE THIS APPLICATION SIGNATURE (Please SIGN, do not print) CAPACITY (Owner/Mgr) AGE DATE PETITION ISSUE: This petition/opinion poll is being conducted to determine the reasonable requirements, needs and desires of the adult inhabitants of the defined neighborhood per C.R.S. 44-4 and 44-3, the Colorado Beer and Liquor Codes, and per local licensing authority rules/procedures. [*] If you favor and support this New Hotel-Restaurant Type LIQUOR LICENSE application because it is your opinion the reasonable requirements of the adult inhabitants of the defined neighborhood (see map) are not now being adequately served by existing businesses that hold the same or similar type of license now doing business in the defined neighborhood, and it is your desire that this liquor license be issued, please then sign and check the [*] FAVOR column to grant the requested license, and please then write in your reason why you favor this license application. [**] If you oppose and do not support this New Hotel-Restaurant TYPE LIQUOR LICENSE application, please sign and check the [**] OPPOSE column, and please then indicate the reason you oppose this license application. If you think that you have been unduly influenced by the petition circulator or have questions or comments concerning the proposed application or survey method, please call: MISHAWN J. COOK, CITY OF BOULDER LICENSING MANAGER AT PHONE: 303-441-3010 OR EMAIL: cookm@bouldercolorado.gov DATE OF PETITIONING: TIME OF PETITIONING: 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:_________________________ SPECIAL EVENT LIQUOR PERMITS-JUNE 1-JUNE 30, 2022 Permit Work Class Trade Name Business Name for Non-profit Permit Description Address Expiration Date Special Event Liquor Boulder Pride Boulder Pride DBA Out Boulder County Boulder Pride 2022 1236 CANYON BLVD BOULDER, CO 80302 6/12/2022 Special Event Liquor Shining Mountain Waldorf School fundraiser Waldorf School Association of Boulder, Inc Waldorf School Association of Boulder, Inc's event at School outside location (999 Violet Ave) on Saturday June 4, 2022 from 3PM to 8PM 999 VIOLET AVE BOULDER, CO 80304 6/4/2022 Special Event Liquor Pride Concert and Benefit Roots Music Opportunity Foundation Inc. SEP - Roots Music Opportunity Foundation Inc - Pride Concert and Benefit - June 11, 2022 1014 MAPLETON AVE BOULDER, CO 80302 6/11/2022 Special Event Liquor Fundraiser for Martyred Angels Foundation Boulder Elk's Lodge #566 Boulder Elk's Lodge #566- Fundraiser for Martyred Angels Foundation event at 3975 28th Street, Boulder CO 80301 on June 18, 2022 from 9AM-12AM 3975 28TH ST BOULDER, CO 80304 6/18/2022 Special Event Liquor Boulder Climbing Community Boulder Climbing Community BOULDER CLIMBING COMMUNITY event at Neptune Mountaineering on Sat. June 25, 2022 from 1PM to 8PM 1206 EUCLID AVE BOULDER, CO 80302 6/25/2022 Special Event Liquor Boulder Climbing Community Boulder Climbing Community SEP-Boulder Climbing Community at Patagonia June 22 2022 1206 Euclid AVE Unit: Suite 2 Boulder, CO 80302 6/22/2022 Special Event Liquor Boulder Sunrise Your Cause Sports Your Cause Sports' BBSC Endurance Sports Boulder Sunrise event at Boulder Reservoir on Sunday June 26, 2022 from 8AM to 1PM 5565 RESERVOIR RD BOULDER, CO 80301 6/26/2022 Special Event Liquor Songwriters Living Room Roots Music Opportunity Foundation Inc SEP - Roots Music Opportunity Foundation Inc ? Songwriters Living Room ? June 25, 2022 1014 MAPLETON AVE BOULDER, CO 80302 6/25/2022 Special Event Liquor Jammin In June event Medicine Horse Program Medicine Horse Program's Jammin in June event at BJCC on Thursday June 2, 2022 from 4:30PM to 10:30PM 6007 OREG AVE BOULDER, CO 80303 6/2/2022 Temporary Modifications for Events RAYBACK COLLECTIVE Boulder Food park LLC RAYBACK COLLECTIVE- Temporary Modification for event on 6/19/2022 2775 VALMONT RD BOULDER, CO 80304 6/19/2022 Special Event Liquor Out Boulder Boulder Pride Boulder Pride's The Garden Party event at a private home (David Ensign-owner) 4020 Evans Drive on Sun. June 5, 2022 from 3PM to 9PM 4020 EVANS DR BOULDER, CO 80303 6/5/2022 Special Event Liquor SMWS Field Day & Fundraiser Waldorf Association of Boulder SMWS Field Day & Fundraiser; 6/4/2022; 3:00 PM - 9:00 PM 999 VIOLET AVE BOULDER, CO 80304 6/4/2022 Special Event Liquor Colorado Triathlon BELIEVE Ranch and Rescue BELIEVE Ranch and Rescue's Colorado Tri event at Boulder Reservoir on Saturday June 4, 2022 from 9:30AM to 11:30AM 5565 RESERVOIR RD BOULDER, CO 80301 6/4/2022 Special Event Liquor Eco-Cycle Eco-Cycle, Inc.SEP- EcoCycle-Celebration of The Past & The Future-6.17.2022 6007 OREG AVE BOULDER, CO 80303 6/17/2022 Special Event Liquor 1940's Ball NFP 1940's Ball NFP PENDING ISSUANCE ON INSPECTION-SEP-1940's Ball- AIrport-June 18, 2022 from 3PM to 1AM 3393 AIRPORT RD BOULDER, CO 80301 6/19/2022 Special Event Liquor Drag Trivia Boulder Pride DBA Out Boulder County Drag Trivia 3340 MITCHELL LN BOULDER, CO 80301 6/9/2022 Special Event Liquor Colorado Tri Event Community Cycles Community Cycles Colorado Tri event at Boulder Reservoir on Sat. June 4, 2022 from 9:30AM to 11:30AM 5565 RESERVOIR RD BOULDER, CO 80301 6/4/2022 City of Boulder Liquor License Notices Sent For Applications Expiring Between 10/01/2022 and 10/31/2022 Printed on 06/29/2022 Page 1 of 3 Notices were sent to the following licensees: Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type Bacco Trattoria & Mozzarella Bar / Fortunato, LLC 1200 Yarmouth Avenue, Unit A, Boulder, CO 80304 03-10680 10/14/2022 08/30/2022Hotel-Restaurant 1200 YARMOUTH A BOULDER, CO 80304 BASECAMP BOULDER / Boulder Hotel Group, LLC 2020 Arapahoe Avenue, Boulder, CO 80302 03-07032 10/26/2022 09/11/2022Beer & Wine 2020 ARAPAHOE AVE BOULDER, CO 80302 Boulder Pho / Boulder Pho, LLC 2855 28th St, Boulder, CO 80301-1223 03-08816 10/25/2022 09/10/2022Hotel-Restaurant 2855 28TH ST BOULDER, CO 80301 LAUGHING GOAT COFFEEHOUSE / Million Dynasty LLC 1709 Pearl St, Boulder, CO 80302-5516 42-04305-0000 10/16/2022 09/01/2022Beer & Wine 1709 PEARL ST BOULDER, CO 80302-5516 Leaf / Pickled Peppers, LLC 1710 Pearl Street, Boulder CO 80302 03-10633 10/14/2022 08/30/2022Hotel-Restaurant 700 MAIN STREET LOUISVILLE, CO 80027 Little T bet Restaurant / Little T bet Restaurant LLC 4479 N Broadway, Boulder CO 80302 03-10653 10/18/2022 09/03/2022Hotel-Restaurant 620 REDSTONE DR BROOMFIELD, CO 80020 MOE'S ORIGINAL BAR B QUE / Out the Bottle-Boulder # 1 LLC 675-679 30th St, Boulder, CO 80303-2310 42-97367-0000 10/20/2022 09/05/2022Hotel-Restaurant 675 30TH ST BOULDER, CO 80303 Printed on 06/29/2022 Page 2 of 3 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type ROCKET #6505 / Apro LLC 3375 28th St, Boulder, CO 80301-1410 04-00427 10/06/2022 08/22/2022Fermented Malt Beverage Off-Premise 4130 COVER ST LONG BEACH, CA 90808 ROCKET #6510 / Apro LLC 3000 28th St, Boulder, CO 80301-1314 04-00426 10/06/2022 08/22/2022Fermented Malt Beverage Off-Premise 4130 COVER ST LONG BEACH, CA 90808 SPOT BOULDERING GYM / The Bouldering Garden, LLC 3240 Prairie Ave, Boulder, CO 80301-2630 15-28327-0000 10/02/2022 08/18/2022Beer & Wine 3240 PRAIRIE AVE BOULDER, CO 80301 WILLOW SPRINGS WINES AND SPIRITS / Willow Liquor LLC 2795 Iris Ave, Boulder, CO 80304-2433 03-07093 10/18/2022 09/03/2022Retail Liquor Store 2775 IRIS AVE BOULDER, CO 80304 YURIHANA / Xianfa Inc 6525 Gunpark Dr Suite 330, Boulder, CO 80301-3338 03-02093 10/14/2022 08/30/2022Hotel-Restaurant 6252 GUNPARK DR Suite 330 BOULDER, CO 80301 Total Liquor Licensees Receiving Notices: 12 Printed on 06/29/2022 Page 3 of 3 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