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HomeMy WebLinkAbout09.21.22 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, SEPTEMBER 21, 2022, at 3:00 P.M. VIRTUAL HEARING DURING CITY REMOTE WORK VISIT THE FOLLOWING LINK 15 MINUTES PRIOR TO THE MEETING FOR ACCESS: https://bouldercolorado.gov/events VIEW BLA PACKET MATERIALS AT THE LINK FOR ACCESS MEETING AGENDA AND MATERIALS: https://bouldercolorado.gov/government/board-commission/beverage-licensing-authority AGENDA 1. Agenda Item: i. Instructions for virtual hearing and rules of decorum; ii. Member roll call; iii. Election of Chair and Vice-Chair iv. Approval of Beverage Licensing Authority (BLA) minutes from August 17, 2022 v. Hearing agenda issues from licensing clerk; 2. Matters from the Boulder Police Department. 3. Matters from the Responsible Association of Retailers (RAR). 4. General Public Comments for Future Beverage Licensing Authority Hearings. 5. Show Cause hearing concerning an alleged June 27, 2022 violation and whether the Retail Liquor Store type liquor license held by Hastatek Corporation d/b/a Boulder Beer & Liquor Emporium, 4700 Table Mesa Dr, Boulder CO, 80302, should be suspended or revoked 6. Public hearing and consideration of an application filed on June 24, 2022, from Circle K Stores Inc d/b/a Circle K Store 2709851, 1480 Canyon Blvd, Boulder, CO 80303; for a renewal of a Fermented Malt Beverage Off-Premise type liquor license; Circle K Stores Inc, 100% owner; Dennis Tewell, VP; Kathy Cunnington President, Secretary and Treasurer; Mark Tate, VP of Operations, Marcella Rocha, Assistant Secretary; and Jim Beam, Manager with a mailing address of 19500 Bulverde Road, Suite 100, San Antonio, TX 78259. 7. Public hearing and consideration of an application filed on June 24, 2022, from Circle K Stores Inc d/b/a Circle K Store 2709861, 2877 Baseline Road, Boulder, CO 80303; for a renewal of a Fermented Malt Beverage Off-Premise type liquor license; Circle K Stores Inc, 100% owner; Dennis Tewell, VP; Kathy Cunnington President, Secretary and Treasurer; Mark Tate, VP of Operations, Marcella Rocha, Assistant Secretary; and Jim Beam, Manager with a mailing address of 19500 Bulverde Road, Suite 100, San Antonio, TX 78259. 8. Public hearing and consideration of an application filed on June 24, 2022, from Circle K Stores Inc d/b/a Circle K Store 2709865, 3040 N Broadway, Boulder, CO 80303; for a renewal of a Fermented Malt Beverage Off-Premise type liquor license; Circle K Stores Inc, 100% owner; Dennis Tewell, VP; Kathy Cunnington President, Secretary and Treasurer; Mark Tate, VP of Operations, Marcella Rocha, Assistant Secretary; and Jim Beam, Manager with a mailing address of 19500 Bulverde Road, Suite 100, San Antonio, TX 78259. 9. Public hearing and consideration of an application filed on July 6, 2022 from Avanti Boulder LLC d/b/a Avanti F&B/Avanti Food and Beverage, 1401 Pearl Street, Unit 100 and 400, Boulder CO 80301; Avanti Boulder, LLC, Licensee LLC, with GRT, LLC [GRT] as 1st underlying Owner and Member of Licensee LLC and with PDO Management Boulder, LLC [PDOMB] as 1st underlying Owner and Operating Manager of Licensee LLC and with RSH Management Boulder, LLC [RSHMB] as 1st underlying Owner and Operating Manager of Licensee LLC, and with ORG Holdings, LLC [ORG] as 2nd underlying Owner and with Robert Hahn Enterprises, Inc [RHE] as 2nd underlying Owner and three below stated persons as 2nd underlying Owners through GRT; Patrick O’Neill as Manager of Licensee LLC, Manager of PDO, and Sole Member of ORG, Robert Hahn as Manager of Licensee LLC, Manager of RSHMB, Sole Member of RHE and Co-owner of GRT, Gerald Engle, Manager of Licensee LLC and Co-owner of GRT, and Anthony DiLucia, Jr. as Manager of Licensee LLC and Co-owner of GRT, and with no other persons or entities owning over a 10% Interest; and Travis Christ as Registered Manager; with a business mailing address of 3200 Pecos Street, Denver, CO 80211, for a Renewal of a Tavern type liquor license. 10. Public hearing and continued consideration of an application filed on June 14, 2022, from Gaku Ramen II LLC d/b/a Gaku Ramen, 1035 Pearl Street, Boulder CO 80302; Ramen Concepts, LLC, 100% owner, David Stone, Officer, Ryan Goldstein, Officer, Michael March, Officer and with T3 Hospitality, LLC as manager member with Joseph Vicari and Kelley Jones as members and managers of record to the applicant LLC and with Matthew Krebs, proposed Registered Manager, with a premise business mailing address, for a new Hotel-Restaurant type liquor license 11. Matters from Assistant City Attorney 12. Matters from the Licensing Clerk a. Applications for Outdoor Dining Pilot Program These application hearings will only be convened should City Licensing receive public comment during their 10 day posting period i. Ashkara II, LLC d/b/a Ashkara Restaurant, 1043 Pearl Street, Boulder CO 80304, for a temporary outdoor dining area filed on August 26, 2022 for a hotel-restaurant type liquor license ii. Basta Peloton LLC d/b/a Basta, 3601 Arapahoe Ave, D-115, Boulder CO 80303, for a temporary outdoor dining area filed on August 24, 2022 for a hotel-restaurant type liquor license iii. Blofish LLC d/b/a Blofish, 1932 14th Street, Boulder CO 80302, for a temporary outdoor dining area filed on August 31, 2022 for a hotel-restaurant type liquor license iv. Bohemian Biergarten Inc d/b/a Bohemian Biergarten, 2017 13th Street, Boulder CO 80302, for a temporary outdoor dining area filed on August 19, 2022 for a hotel-restaurant type liquor license v. Boulder DT LLC d/b/a The Corner, 1100 13th Street, Boulder CO 80302, for a temporary outdoor dining area filed on August 31, 2022 for a hotel-restaurant type liquor license vi. IE Bread LLC d/b/a Dry Storage, 3601 Arapahoe Ave, D-181, Boulder CO 80303, for a temporary outdoor dining area filed on August 24, 2022 for a hotel-restaurant type liquor license vii. Foolish Craigs LLC d/b/a Foolish Craigs Café, 1611 Pearl Street, Boulder CO 80302, for a temporary outdoor dining area filed on August 26, 2022 for a hotel-restaurant type liquor license viii. Frasca Food and Wine Inc d/b/a Frasca Food and Wine/Pizzeria Locale, 1738 Pearl Street, Boulder CO, for a temporary outdoor dining area filed on September 2, 2022 for a hotel- restaurant type liquor license ix. Gemini Boulder LLC d/b/a Gemini, 1115 Pearl Street, Boulder CO 80302, for a temporary outdoor dining area filed on August 22, 2022 for a hotel-restaurant type liquor license x. The Hapa Group Inc d/b/a Hapa Sushi & Saki, 1117 Pearl Street, Boulder CO 80302, for a temporary outdoor dining area filed on September 2, 2022 for a hotel-restaurant type liquor license xi. FrogandToad LLC d/b/a Hungry Toad, 2543 Broadway, Boulder CO 80304, for a temporary outdoor dining area filed on August 23, 2022 for a hotel-restaurant type liquor license xii. Holy Sushi, Inc d/b/a Japango, 1136 Pearl Street, Boulder CO 80302, for a temporary outdoor dining area filed on August 19, 2022 for a hotel-restaurant type liquor license xiii. Jungle LLC d/b/a Jungle, 2018 10th Street, Boulder CO 80302, for a temporary outdoor dining area filed on August 26, 2022 for a hotel-restaurant type liquor license xiv. The Kitchen Café LLC d/b/a The Kitchen, 1039 Pearl Street, Boulder CO 80302, for a temporary outdoor dining area filed on August 22, 2022 for a hotel-restaurant type liquor license xv. Lucile’s Creole Café Boulder LLC d/b/a Lucile’s Creole Café, 2124 14th Street, Boulder CO 80302, for a temporary outdoor dining area filed on August 2, 2022 for a hotel-restaurant type liquor license xvi. Stash Enterprises LLC d/b/a Mountain Sun Pub & Brewery, 1535 Pearl Street, Boulder CO 80302, for a temporary outdoor dining area filed on August 29, 2022 for a Brew Pub type liquor license xvii. The Kitchen Café LLC d/b/a ND streetBar, 1035 Pearl Street, Boulder CO 80302, for a temporary outdoor dining area filed on August 22, 2022 for a hotel-restaurant type liquor license xviii. The Post Brewing Company Boulder LLC d/b/a Post Brewing Boulder, 2027 13th Street, Boulder CO 80302, for a temporary outdoor dining area filed on August 24, 2022 for a hotel- restaurant type liquor license xix. Les Filling, LLC d/b/a Salt, 1047 Pearl Street, Boulder CO 80302, for a temporary outdoor dining area filed on August 19, 2022 for a hotel-restaurant type liquor license xx. Sherry’s On the Hill LLC d/b/a Sherry’s Soda Shoppe, 1087 13th Street, Boulder CO 80302, for a temporary outdoor dining area filed on September 2, 2022 for a hotel-restaurant type liquor license xxi. Stash Enterprises LLC (Southern) d/b/a Southern Sun Pub & Brewery, 627 S Broadway, Suite B-E, Boulder CO 80305, for a temporary outdoor dining area filed on August 29, 2022 for a brew pub type liquor license xxii. Taco Boulder LLC d/b/a T-Aco An Urban Taqueria, 1175 Walnut Street, Boulder CO 80302, for a temporary outdoor dining area filed on August 22, 2022 for a hotel-restaurant type liquor license xxiii. White Road LLC d/b/a Tune Up at Full Cycle, 2355 30th Street, Boulder CO 80301, for a temporary outdoor dining area filed on August 23, 2022 for a tavern type liquor license xxiv. You Eat More Enterprises LLC d/b/a Under The Sun Eatery & Taphouse, 627 S Broadway, Suite A, Boulder CO 80305, for a temporary outdoor dining area filed on August 29, 2022 for a hotel-restaurant type liquor license b. Neighborhood boundary setting for applications for October 19, 2022, BLA hearing: i. Roots Music Project LLC d/b/a Roots Music Project for a New Lodging and Entertainment type liquor license application at 4747 Pearl Street, Suite V3A &C, Boulder CO 80301 c. Expected Administrative Processing of Liquor License Transfer Applications i. None for September 2022 d. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room i. None for September 2022 e. Processing of special event liquor permits & temporary modifications not related to the Outdoor Dining Program: i. Special Event Liquor Permits list f. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room – i. None for September 2022 g. Informational items i. Liquor License Renewals Sent List – December 2022 Expirations 13. Matters from the Chair and Members of the Authority Adjournment For information or to request to make comment for the public hearings, call (303)441-4192. Any petitions or remonstrances pertaining to the above may be filed via email at licensingonline@bouldercolorado.gov or by mail to the City of Boulder Finance Department, Sales Tax and Licensing Division, Brenton Building, 1136 Alpine Avenue, Boulder, Colorado. Please note that 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, September 7, 2022 Kristen Changaris, Licensing Manager Published on Sunday, September 11, 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 Legal Public Notice to be published in the Daily Camera on Sunday, September 11, 2022 in compliance with the laws of the State of Colorado and the ordinances of the City of Boulder, Colorado. Public Meetings Notice Boulder Daily Camera Page A07 Legal Public Notice-Agenda Boulder Daily Camera Page E07 IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Boulder, Colorado this Wednesday, September 14, 2022. ___________________________________ Kristen Changaris, Licensing Manager Secretary to Beverage Licensing Authority BLA 8/17/2022 Draft Minutes Page 1 of 5 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * * HEARING MINUTES * * * WEDNESDAY, AUGUST 17, 2022, 3:00 P.M. VIRTUAL HEARING NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: August 17, 2022 NAME & PHONE OF PERSON Katelyn Kellogg, Licensing Specialist PREPARING SUMMARY: (303-441-3039) KelloggK@Bouldercolorado.gov NAMES OF MEMBERS, STAFF, AND INVITED GUESTS PRESENT: Board Members: Mike Absalom, Michael Carr, Matthew Califano and Steve Wallace Staff Present: Laurel Witt, Assistant City Attorney, Kristen Changaris, Licensing Manager and Katelyn Kellogg, Licensing Specialist 1. Agenda Item: i. Instructions for Virtual Hearing; Katelyn Kellogg, Licensing Specialist, provided instructions to the BLA members, city staff, and hearing participants on how to participate during the virtual hearing. ii. Member Roll Call; Authority member roll call was completed with a quorum of 4 members present. Leah Roberts was absent. iii. Election of Chair and Vice-Chair Member Wallace moved, Member Absalom seconded, that the election of the chair and vice- chair would be moved to the September 21st BLA hearing. Motion approved 4:0. iv. Approval of Beverage Licensing Authority (BLA) minutes from June 15, 2022 Member Wallace moved, Member Califano seconded, to approve the minutes of the June 15, 2022 hearing. Motion approved 3:0. Member Absalom recused. v. Approval of Beverage Licensing Authority (BLA) minutes from July 20, 2022 Member Absalom moved, Member Carr seconded, to approve the minutes of the July 20, 2022 hearing. Motion approved 3:0. Member Califano recused. BLA 8/17/2022 Draft Minutes Page 2 of 5 vi. Hearing agenda issues from Licensing Clerk; No issues were presented. 2. Matters from the Boulder Police Department (BPD). Officer Rich Denig updated the Authority on another show cause that will be coming in the next few weeks. Officer Denig asked if there will be a retreat this year and the Board agreed to discuss having a retreat in the fall. Officer Denig also gave an update on compliance checks and the updated format for those compliance checks. 3. Matters from the Responsible Association of Retailers (RAR). No representative from RAR was present. 4. General Public Comments for Future Beverage Licensing Authority Hearings. There was no public comment. 5. Public hearing and continued 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 Jon Chin, Esq. appeared as the licensee’s attorney, and he waived procedures reading on behalf of his client. No ex-parte communications or conflicts of interest were disclosed by the members. No public comment was given, and no interested parties supplied testimony. Owner Densesh Shrestha, was sworn in and confirm required 10 day legal posting. Roe Shrestha was also sworn in. Mr. Chin waived procedure reading on behalf of his client. Mr. Chin confirmed that the licensee had submitted the requested documents from the last meeting including liquor service procedures and training documentation and there were no further requirements for the renewal. Member Wallace moved, Member Califano seconded, to approve this license renewal application. Motion approved 4:0. 6. Public hearing and consideration of an application filed on June 13, 2022, from Punjabi 2 Corp d/b/a Bailey’s Wine & Spirits, 4800 Baseline Road, Unit E101, Boulder, CO 80303; Gersham Garcha, owner, with a premise business mailing address, for a renewal of a Retail Liquor Store type liquor license Michael Nuanes, representative of the licensee, and Gersham Garcha, Owner, were sworn in and confirmed the 10 day legal posting. Mr. Nuanes confirmed he was not an attorney. Member Absalom read the hearing procedures. No ex-parte communications or conflicts of interest were disclosed by the members. No public comment was given, and no interested parties supplied testimony. Mr. Nuanes explained that the business is getting ready to sell so the liquor license renewal was BLA 8/17/2022 Draft Minutes Page 3 of 5 overlooked during the transition and thus was late. Ms. Kellogg informed the authority that city licensing has not received a transfer application yet but there will be a show cause hearing for this business at a later hearing. Member Absalom confirmed that the licensee is renewing the license to continue the transfer. Ms. Kellogg confirmed that it’s not common practice to request alcohol service policies for each renewal. Assistant City Attorney, Laurel Witt, confirmed that the renewal would need to be approved before city licensing can take the transfer application for this license. The authority agreed that the transfer and pending show cause of this license do not have a bearing on the renewal approval. Member Absalom, Member Wallace seconded, to approve this license renewal application. Motion approved 4:0. 7. Public hearing and consideration of an application filed on April 15, 2022, from Buddha Laxmi Corporation d/b/a Harvest Wine & Spirits, 3075 Arapahoe Ave, Boulder CO 80302; Bijay Khaling, President, with a business mailing address of PO Box 337752, Greeley CO 80303, for a transfer of a Retail Liquor Store type liquor license Bijay Khaling, Owner, was sworn in and confirmed the 10 day legal posting. Mr. Khaling confirmed he did not have an attorney and would be the only testimony for this application. Member Absalom read the hearing procedures. No ex-parte communications or conflicts of interest were disclosed by the members. No public comment was given, and no interested parties supplied testimony. Ms. Kellogg explained that all background check discrepancies have been explained in confidential documents provided to the Authority in a secure folder. Mr. Khaling testified that the background check information is now up to date. Member Califano moved, Member Carr seconded, to approve this license transfer application. Motion approved 4:0. 8. Public hearing and consideration of an application filed on June 14, 2022, from Gaku Ramen II LLC d/b/a Gaku Ramen, 1035 Pearl Street, Boulder CO 80302; Ramen Concepts, LLC, 100% owner, David Stone, Officer, Ryan Goldstein, Officer, Michael March, Officer and Matthew Krebs, proposed registered manager, with a premise business mailing address, for a new Hotel- Restaurant type liquor license Adam Stapen, Esq. appeared as the licensee’s attorney, and waived procedures reading on behalf of his client. No ex-parte communications or conflicts of interest were disclosed by the members. No public comment was given, and no interested parties supplied testimony. Joe Vicari, principal on behalf of management company, was sworn in. Eva Garretson, representative of Liquor Pros was sworn in and and confirmed required 10 day legal posting. Ms. Kellogg informed the Authority that city licensing had not received adequate background check information for this applicant and would request a continuance for this reason. Mr. Stapen requested the Authority still deliberate on the application as the Authority has approved an application for these individuals in the past. Mr. Vicari explained that the background check were not able to be completed due to unusual circumstances having to do with where one of the applicants resides. The Authority confirmed the reasons behind the background check delays and agreed that a continuance is appropriate. BLA 8/17/2022 Draft Minutes Page 4 of 5 Member Wallace motioned, Member Califano seconded, to continue the renewal hearing to September so the business can obtain the missing background check information. Motion approved 4:0. 9. Public hearing and consideration of an application filed on June 17, 2022 from Boulder GS LLC d/b/a Diagonal Conoco, 2990 Diagonal Highway, Boulder CO 80301; Sukhpreet Bajwa, 100% owner, with a business mailing address of 16141 Fairway Drive, Commerce City CO 80022, for a new Fermented Malt Beverage Off-Premise type liquor license Veronica Vecchio, Esq. appeared as the licensee’s attorney, and waived procedures reading on behalf of her client. Sukhpreet Bajwa, Owner, and Patrick Maroney, Alcohol Petition Services, were sworn in and confirmed required 10 day legal posting. Member Absalom inquired if there were any ex-parte communications or conflicts of interest for the Authority members and none were disclosed. Catherine Zakoian, interested party, provided public comment regarding the population of people who spend time in the park that is near her home and the proposed liquor license. Ms. Zakoian commented that liquor licenses could impact the neighborhoods. Ms. Zakoian also stated that there was an incorrect phone number on the petition forms that were circulated for this application. Ms. Vecchio also asked Ms. Zakoian questions regarding her testimony. Mr. Bajwa provided testimony regarding operations of Diagonal Conoco, his experience as a liquor licensee and his observations of the neighborhood. Mr. Bajwa answered various questions from the Authority regarding operations and alcohol service and how those pertain to the contribution of the problems in the neighborhood. Patrick Maroney provided testimony regarding the petitioning information provided to the BLA. Member Carr motioned, Member Absalom seconded, to approve the application for a new Fermented Malt Beverage Off-Premise type liquor license with the stipulation that this license will be scheduled for non-administrative renewal. Motion approved 4:0 10. Matters from the Assistant City Attorney Assistant City Attorney Laurel Witt requested that a retreat discussion be scheduled for the September hearing. 11. Matters from the Licensing Clerk a. Discussion of containment requirements for the Outdoor Dining Pilot Program Licensing Manager Kristen Changaris shared the guidelines for the Outdoor Dining Pilot Program. Member Wallace commented that he would prefer that establishments should have consistent containments requirements. The Authority agreed that overall, the plans are sufficient. Ms. Changaris asked the Authority if they would fee comfortable giving businesses a grace period to transition to the stricter containment requirements. The Authority agreed that a grace period is appropriate. b. Expected Administrative Processing of Liquor License Transfer Applications None for August 2022 BLA 8/17/2022 Draft Minutes Page 5 of 5 c. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room None for August 2022 d. Processing of special event liquor permits & temporary modifications to expand outdoor dining areas: i. Special Event Liquor Permits list ii. Temporary Modifications list e. Informational Items None were presented 12. Matters from the Chair and Members of the Authority Member Wallace expressed that he would prefer to move to in person meetings. ADJOURNMENT Member Wallace moved, Absalom seconded, that this hearing should be adjourned, and thus, the hearing was adjourned at 5:37 PM. Motion to adjourn approved 4:0. Attested: Approved: Kristen Changaris, Licensing Manager Mike Absalom, Vice Chair of Beverage And Secretary to the Authority Licensing Authority HEARING PROCEDURES OUTLINE City of Boulder Beverage Licensing Authority Suspension or Revocation Hearing without Stipulation 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 license of [Business Name]: ___________________________, d/b/a [Trade Name]: _________________________, with a [Type of License]: _________________ license shall be suspended or revoked on the basis of the violations alleged in the Order to Show Cause served upon the licensee and requiring the licensee’s present here today. Because this is a disciplinary proceeding, the Authority shall not ask for or allow comment from members of the general public on the guilt of the licensee or the appropriate discipline to be imposed. The purpose of this hearing is to receive testimony presented by the City and by the licensee in order to enable this Authority to make findings and to determine by a preponderance of the evidence whether or not the licensee has violated the various laws as alleged. If, in the course of the haring, testimony or other evidence establishes the guilt of the licensee of a violation of some other law, rule, or regulation than those stated in the notice, the licensee shall be afforded a reasonable continuance upon any offer that evidence in defense, explanation, and mitigation is not then available to the licensee, but can be obtained within the period of a continuance not to exceed ten days. A record is being made of these proceedings. All testimony shall be given under oath. The rules of evidence and requirement of proof and procedure shall confirm to the extent practicable to those in civil non-jury cases, but when necessary to ascertain facts affecting the substantial rights of the public or of the licensee, the Authority may receive and consider evidence not admissible under such rules if such evidence possess probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. The rules of privilege required by law shall be respected in this proceeding, and the Chair may exclude incompetent and unduly repetitious evidence. The Chair shall rule upon all questions of evidence cand procedure, subject to being overruled on motion sustained by a majority vote of those members of the Authority present. Should a licensee wish to request a fine in lieu of active suspension days, they should notify the Authority of this after a penalty is determined, if any, but before suspension posting is discussed, and the licensee should be prepared to supply an estimated per day suspension dollar amount for the Authority’s deliberations. 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 following is an outline of the way in which contested hearings shall generally proceed: (a) OPENING STATEMENTS: The representative of the City shall be given the opportunity to make a brief statement if the Order to Shaw Cause and its supporting documentation requires supplementation. The licensee or its representative shall be afforded the opportunity to make an opening statement at that point or may reserve such statement until the licensee is ready to present its evidence. (b) CITY EVIDENCE: The representative of the City shall then call the witnesses and introduce the evidence which constitutes the City’s case in support of the Order to Shaw Cause. The representative of the City shall examine each witness, a representative of the licensee shall be given the opportunity to cross examine the witness, and then members of the Authority shall be afforded the opportunity to ask questions of the witness. The licensee’s representative shall then be afforded the same opportunity. (c) LICENSEE EVIDENCE. After the representative of the City is done presenting evidence, the licensee shall have the opportunity to make any reserved opening statement and to present evidence bearing upon the charges alleged in the Order to Shaw Cause and on any additional violations not therein mention raised by the testimony. The same procedure of examining witnesses shall be followed as for the City’s witnesses, with the order reserved. When the licensee is through presenting evidence, the City’s representative shall be offered the opportunity to present evidence in rebuttal. (d) CLOSING STATEMENTS. The representative of the City shall then give a closing statement stating the specific violations which the Authority is requested to find were committed by the licensee, and drawing the Authority’s attention to such of the evidence of those violations as many seem useful. Members of the Authority shall then be given the opportunity to request that the licensee address any additional violations raised by the evidence but not contained in the Order to Show Cause which the City’s representative has not called to the attention of the Authority in closing arguments. The licensee’s representative shall then given such closing argument as may seem necessary, and shall sue this opportunity to make any offer of proof and request a continuance, if such is desired, with respect to any uncharged violations raised by the testimony. 5) The Chair shall then close the hearing for deliberations. The Authority may then recess to confer briefly with its legal counsel. Then the Authority shall deliberate in public the resolution of the matter before it. An Authority member shall move, and a member shall also second, each motion for each specific violation alleged and raised by the evidence. Authority discussion should be held for the basis of the upcoming vote by each member. A vote shall then be taken on each specific violation alleged or raised by the evidence. 6) If the licensee is found to have violated one or more laws, rules, or regulations, the Authority shall then afford the licensee the opportunity to present evidence in mitigation and to make argument in the course of the hearing. The City’s representative shall then be afforded the opportunity to present any additional evidence in aggravation, and to make a recommendation as to the discipline to be imposed. After the Authority has discussed the matter of the appropriate disciplinary action, the Chair shall poll each member of the Authority for their preferred level of discipline, and shall thereafter first recognize for the purpose of making a motion setting the discipline that member whose views are the most severe but still appear likely to receive three positive votes. An Authority member shall move, and a member must second, the motion to set the penalty. At this time, the licensee should raise the Authority’s acceptance of a fine in lieu of suspension. 7) If the Authority votes to order that the license be suspended, then the Chair shall state that unless there is an objection from the member of the Authority, the order of suspension shall include a requirement that the licensee post two conspicuous notices specified in the Department of Revenue Liquor Regulations 47-600(f). 8) The Chair will then announce that the hearing of the Order to Show Cause is concluded, and that the next item in the agenda should be called. BEVERAGE LICENSING AUTHORITY, CITY OF BOULDER, COLORADO IN THE MATTER OF THE RETAIL LIQUOR STORE LICENSE OF HASTATEK CORPORTATION d/b/a BOULDER BEER & LIQUOR EMPORIUM, 4700 TABLE MESA DRIVE, BOULDER, COLORADO 80302 NOTICE OF HEARING AND ORDER TO SHOW CAUSE ____________________________________________________________________________ To Licensee: YOU ARE HEREBY ORDERED to be attend a virtual Beverage Licensing Authority (the Authority) hearing via video appearance at 3 p.m. on Wednesday, September 21, 2022 to show cause why the above-referenced Retail Liquor Store license should not be suspended or revoked, for the following violations: On June 27, 2022, at approximately 10:05 a.m., the licensee did unlawfully permit the sale, serving, giving, or procuring of any alcohol beverage to a person who was then under twenty- one years of age in violation of C.R.S. § 44-3-901(6)(a)(I), as more fully set forth on Exhibit A, attached hereto and incorporated herein by this reference. You should be prepared at the above stated time and place to cross-examine any witnesses who appear against you and to present such evidence as you desire in defense, explanation, and mitigation. The City's penalty schedule is enclosed. If you are found responsible for the violation, you will have an opportunity to provide mitigating evidence during the sentencing portion of the hearing. For a suspension less than the table value found in the penalty schedule, please focus your efforts on providing evidence of mitigating factors identified on the second page of the penalty schedule. This notice is issued pursuant to C.R.S. § 44-3-601, and Section 10-2-2 of the City of Boulder Licensing Authority Rules of Procedure. Please be advised, that in the event the Authority determines that the facts alleged in this notice are sufficient to impose a suspension of your license, the Authority will select the specific days to be served for any imposed suspension. Please be further advised that any imposed suspension period falls within a 30-day time period from the date of the hearing; 2) the suspension days are consecutive business days; and 3) that the suspension days are days that your business would ordinarily and otherwise be open. Once a suspension period is set and approved by the Authority, it will generally not be modified unless as directed by written order by the licensing clerk or Authority. ___________________________________ SECRETARY OF THE AUTHORITY CERTIFICATE OF MAILING I hereby certify that on the _____ day of ____________, 20___, a true and correct copy of the above and foregoing Notice of Hearing and Order to Show Cause was duly mailed by placing same in the U.S. Mail, certification no. ____________________________, return receipt requested, postage prepaid, addressed to the following: Hastatek Corporation d/b/a Boulder Beer & Liquor Emporium 4700 Table Mesa Dr. Boulder, Colorado 80302 __________________________________ 22nd August 22 70122920000031052712 CITY OF BOULDER’S BEVERAGE LICENSING AUTHORITY MITIGATING AND AGGRAVATING FACTORS FOR VIOLATIONS AND PENALTY SCHEDULE GUIDELINES Effective January 1, 2003 and last updated on August 20, 2015 The Beverage Licensing Authority MAY, in their discretion, consider the following mitigating and aggravating factor evidence in imposing penalties. WRITTEN MITIGATING FACTOR EVIDENCE NEEDS TO BE SUBMITTED TO CITY LICENSING OFFICE AT LEAST 9 DAYS PRIOR TO ANY SHOW CAUSE HEARING. Mitigating Factors Aggravating Factors Training Programs- initial and on-going. Responsible Vendor Training and supplemental. Must be current. Failure to submit Mitigating Factor evidence at least nine days before hearing to City Licensing Written Policies Prior Offenses in the past five (5) Years Supervision Procedures Violations occurring outside of compliance checks (aka “Stings”) Self-check programs Lack of effective operational/training programs Use of birth-date input cash registers Multiple Police Contacts Community Involvement Failure to cooperate with liquor enforcement representatives Responsible advertising practices Irresponsible advertising policies Active Responsible Hospitality Group membership (8 out of 11 yearly meetings) Failure to Accept Responsibility for Violation Other Pertinent Facts Other Pertinent Facts These suspension penalties are guidelines only and are not binding on the Authority. The Authority reserves the right to impose any penalty authorized by law. Fines in lieu of suspension days served are generally not granted by Authority. Code Violation All Other Licenses Days Served Liquor Store Tavern License Days Served All Other Licenses Abeyance Days Liquor Store Tavern License Abeyance Days Sale/Service to a Minor 1 count 2 counts 3+ counts Second Offense within 1 year 5 10 15 10 3 6 9 6 9 20 30 20 6 12 18 12 Conduct of Establishment 1 count 2 counts 3+ counts Second Offense within 1 year 8 13 18 20 6 9 12 11 6 17 27 20 3 9 15 12 Sale/Service to Intoxicated Person First Offense 1 count 2 counts 3+ counts Second Offense within 1 year 5 10 15 10 3 6 9 6 9 20 30 20 6 12 18 12 Sale/Service after Legal Hours First Offense Second Offense 3 10 2 6 7 20 4 12 Removal of alcohol from licensed premises 1 count 2 counts 3 5 3 5 7 5 7 5 Underage Employee selling or serving First Offense 1 count 2 counts 3+ counts 2 4 10 1 3 6 5 10 20 3 6 12 Permitting Disturbances First Offense Second Offense 10 20 6 12 20 30 12 18 Purchases of liquor from someone other than wholesaler 1 count 2 counts 3 5 3 5 7 5 7 5 Failure to maintain adequate books and records First Offense Second Offense 5 10 3 6 9 20 6 12 Failure to report manager, corporate, financial or trade name changes First Offense Second Offense 0 3 0 2 5 7 3 4 Failure to Meet Food Requirements First Offense Second Offense 5 10 [Includes Taverns] N/A N/A 9 (w/30 to correct) 20 (w/ 30 to correct) [Includes Taverns] N/A N/A Permitting Illegal Gambling First Offense Second Offense Third Offense 3 15 20 2 9 12 7 30 30 4 18 18 Video Poker Gambling First Offense Second Offense 15 20 9 12 30 30 18 18 Violations on Follow Up Inspections For each Offense 1 1 2 1 Altered Alcohol 1 count 5 3 9 6 Shake a Day 1 count 2 counts 5 10 3 6 9 20 6 12 In determining whether or not a second or subsequent violation occurred within a one-year period for abeyance days, the Authority will use the date of conviction for the first violation (usually the date of the show cause hearing) to the actual date of the second violation. For example, if a licensee was “convicted” of their first violation at a March 1, 2001 hearing and had ten days held in abeyance for one year and then they were cited on February 1, 2002, that would be considered a second violation within a year. The licensee would automatically have to serve the ten days held in abeyance from the first violation, plus their new suspension days determined by the Authority. If however, the licensee were cited on March 9, 2002, then it would not be considered a second violation within a year. 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 September 6, 2022 Sent Via Email to: April.ONeal@circlek.com And Via Certified Mail, Return Receipt Requested Circle K Stores Inc d/b/a CIRCLE K STORE 2709851 19500 Bulverde Rd, Suite 100 San Antonio, TX 78259 Attn: April O’Neal-License & Permits Department Re: Retail Liquor Store liquor license renewal for 1480 Canyon Blvd. Boulder, CO 80302 Dear Ms. O’Neal: 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 June 24, 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 June 7, 2022), and if the licensee declines to sign an agreement to voluntarily suspend alcohol sales in the event that the renewed license is issued after the license expiration date (here your license expiration date is July 22, 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 complete and the 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 September 21, 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 September 8, 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 September 10, 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 September 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, Kristen Teague Licensing Specialist Phone: 303-441-3034 Email: teaguek@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. Circle K Stores Inc d/b/a CIRCLE K STORE 2709851 19500 Bulverde Rd, Suite 100 San Antonio, TX 78259 Attn: April O’Neal-License & Permits Department Sent Via Email on 9/7/2022 to: April.ONeal@circlek.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 September 6, 2022 Sent Via Email to: April.ONeal@circlek.com And Via Certified Mail, Return Receipt Requested Circle K Stores Inc d/b/a CIRCLE K STORE 2709861 19500 Bulverde Rd, Suite 100 San Antonio, TX 78259 Attn: April O’Neal-License & Permits Department Re: Retail Liquor Store liquor license renewal for 2877 Baseline Rd. Boulder, CO 80303-2311 Dear Ms. O’Neal: 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 June 24, 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 June 7, 2022), and if the licensee declines to sign an agreement to voluntarily suspend alcohol sales in the event that the renewed license is issued after the license expiration date (here your license expiration date is July 22, 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 complete and the 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 September 21, 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 September 8, 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 September 10, 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 September 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, Kristen Teague Licensing Specialist Phone: 303-441-3034 Email: teaguek@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. Circle K Stores Inc d/b/a CIRCLE K STORE 2709861 19500 Bulverde Rd, Suite 100 San Antonio, TX 78259 Attn: April O’Neal-License & Permits Department Sent Via Email on 9/7/2022 to: April.ONeal@circlek.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 September 6, 2022 Sent Via Email to: April.ONeal@circlek.com And Via Certified Mail, Return Receipt Requested Circle K Stores Inc d/b/a CIRCLE K STORE 2709865 19500 Bulverde Rd, Suite 100 San Antonio, TX 78259 Attn: April O’Neal-License & Permits Department Re: Retail Liquor Store liquor license renewal for 3040 N. Broadway St., CO 80304 Dear Ms. O’Neal: 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 June 24, 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 June 7, 2022), and if the licensee declines to sign an agreement to voluntarily suspend alcohol sales in the event that the renewed license is issued after the license expiration date (here your license expiration date is July 22, 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 complete and the 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 September 21, 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 September 8, 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 September 10, 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 September 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, Kristen Teague Licensing Specialist Phone: 303-441-3034 Email: teaguek@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. Circle K Stores Inc d/b/a CIRCLE K STORE 2709865 19500 Bulverde Rd, Suite 100 San Antonio, TX 78259 Attn: April O’Neal-License & Permits Department Sent Via Email on 9/7/2022 to: April.ONeal@circlek.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 - Physical Address: 1707 Cole Boulevard, Suite 300 Lakewood, CO 80401 Mailing Address: P.O. Box 173350 Denver, CO 80217-3350 DR 4041B (05/02/19) June 4, 2022 CIRCLE K STORES, INC. D/B/A CIRCLE K STORES 19500 BULVERDE ROAD, SUITE 100 SAN ANTONIO, TX 78259 Re: State Master File for Circle K Stores, Inc. Account # 21-65089-0000 Dear Sir or Madam: This is to advise you that the Colorado Liquor Enforcement Division has, at your request, revised the "master file" for the above-listed licensee. As of the date of this letter, our master file includes the following items, which you have submitted: 1. Individual History Records (Form DR 8404-I) for the following persons: Dennis Tewell Kathy Cunnington Mark Tate Marcella Rocha 2. Fingerprint cards bearing the names and birth dates of the persons listed in paragraph 1, above. All the fingerprint cards have been submitted by us to the Colorado Bureau of Investigation. The CBI and FBI have checked the prints and reportedly found no record of any criminal h istory for those listed above. 3. Certificate of Authority or a Certificate of Good Corporate standing from the Colorado Secretary of State which indicates that Circle K Stores, Inc. is a corporation authorized to do business in Colorado. When filing a new application for additional licensed locations, you must check with the local licensing authority to determine what documents they may require to process your application. Please feel free to provide them with this letter, as many local authorities will not require you again to submit fingerprint cards to them if you have already submitted such documents to the Division. This letter will serve to inform the local authorities exactly which documents you have already submitted to the State Enforcement Division. Finally, once the local authority has approved your new license or transfer of ownership application, it must be sent to the Division. 2 DR 4041B (06/14/17) The local authority need not send change of corporate structure information previously reported to the Division, as listed in and approved by this letter. The only documents which are needed for a new or transfer of ownership application by the Division are: 1. The approved application signed by the local authority; 2. The appropriate fees; 3. A copy of this letter; 4. Proof of possession of the premises; 5. A diagram of the licensed premises; 6. Completed form DR 8442, and an Individual History Record (DR-8404-I) if manager's registration is required. Sincerely, Michelle Stone-Principato Division Director HEARING PROCEDURES OUTLINE City of Boulder Beverage Licensing Authority Application for License Renewal 1) The Chair will call the meeting item to order, and the Licensing Clerk then reads the matter into record 2) The Chair, after calling the meeting item to order, then makes the following opening comments: This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of Applicant [Business Name]: ___________________________, d/b/a [Trade Name]: _________________________, for a renewal of a [Type of License]: _________________ license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado and the Rules of the Beverage Licensing Authority of the City of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this Authority to make the findings and to reach the conclusions required to be made by state law as to whether or not the license shall be renewed. Interested parties are the Applicant, residents of the neighborhood affected by the license as previously determined by the Authority, and the owners and managers of a business located within the neighborhood. This hearing shall be limited to the question of whether there is good cause not to renew the license, as set form in the notice of hearing, dated: _______________. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address. They shall also be sworn in by the Board Secretary. 3) The Chair, then asks the Authority members if anyone has a conflict of interest for this item or if they have and ex-parte contacts regarding this item that they wish to disclose. If there is a conflict of interest or ex-parte contact for an Authority member disclosed, the City Attorney may inquire as to the details of the disclosure. 4) The Chair, then inquires whether there are: i) interested parties present or persons who will act as witnesses for interested parties (they have standing because they reside in or own or manage a business in the designated neighborhood to provide testimony, submit evidence, or cross examine witnesses), or ii) members of the general public who wish to supply comment (they do not have standing as interested parties because they are not located in the designated neighborhood) 5) The Chair asks the Applicant whether they are ready to proceed. If the Applicant answers in the affirmative, then the Chair inquires whether the Interested Parties are ready to proceed and, if they are not, asks for reasons why the application hearing shall not now proceed. 6) If the Applicant and Interested Parties state that they are ready to proceed, then public comment is taken. Public comment is supplied in 3 minutes per person timed increments. 7) The City Attorney or other representative of the Boulder Police Department, will present evidence gathered by the police department, the Licensing Clerk, or other city agencies relevant to the issues framed in the notice. Witnesses may be cross-examined by members of the Authority, representatives of the Boulder Police Department, Interested Parties, and the Applicant. 8) The Applicant then presents their evidence. The Applicant and the applicant’s witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 9) The Interested Parties may then present their evidence in support of or in opposition to the application. The Interested Party and the interested parties’ witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 10) At the Authority’s discretion, the Applicant may present rebuttal evidence. 11) The Chair then closes the matter for Authority deliberations. After this time, no further evidence or testimony may be taken. 12) A member of the Authority then moves, and a member must then second, to approve or disapprove the application or, for good cause, to continue the matter. Authority discussion on the basis for their upcoming vote to the motion should be undertaken by all members. After discussion, a vote is then taken with all members voting to approve or deny the motion. City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (Main) 303 441-4192 September 7, 2022 Sent Via Email to: rrunco@runprolaw.com and travis@avantifandb.com And Via Certified Mail, Return Receipt Requested Avanti Boulder, LLC d/b/a Avanti F&B/Avanti Food And Beverage 1401 Pearl Street, Units 100 and 400, Boulder CO 80301 Attention: Travis Christ Re: Tavern liquor license renewal for 1401 Pearl Street, Units 100 and 400, Boulder CO 80301 Dear Mr. Christ: Please allow this letter to serve as written notice that you will be required attend a hearing to determine if there is good cause for non-renewal of your annual liquor license. To recap, the city is in receipt of the state and city license renewal applications and the city renewal fees for your license which we received on July 6, 2022, which we then will consider your renewal filing date (your renewal was due on 5/12/2022 and your license expired on 6/26/2022). 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 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. City Licensing still awaits payment of the second half of the 2022 Liquor Occupation Tax which was billed on 7/26/2022 and due by 8/25/2022 for your city license renewal application. We do note that you have paid the Late Filing Fee for the City as the renewal was filed after the license expiration date. The mentioned Rules direct that the Licensing Clerk has an affirmative duty to review enforcement data related to your establishment. Therefore, your LLC will be set for license renewal hearing before the Boulder Beverage Licensing Authority (BLA). Among other factors at the discretion of the BLA, the conditions that you should be prepared to address in your renewal hearing, include but are not limited to: a. All employees involved in the service of alcohol, including, without limitation, managers, bartenders, and servers, shall attend a state-certified Responsible Vendor alcohol service class within two months from the initial approval of this license. New employees shall take such class within two months of their hire. Re-certification must be undertaken so that they remain current with training. b. Licensee should be prepared to address any questions raised as to non-compliance with § City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (Main) 303 441-4192 44-3-414, C.R.S. (pertaining to Tavern type Liquor Licenses). c. Licensee should be prepared to address the operation of their licensed premise in consideration of applicable State law, including, but not limited to §44-3-302, C.R.S. and BLA Rules of Procedure, Subsection 8-1-9 which states, “Subsection 8-1-9 Grounds for Non-Renewal of License. Objections to renewal of a license must be for good cause. Evidence of good cause to deny a renewal may include, but shall not be limited to, the following: (A) Evidence that the licensee 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 on Wednesday September 21, 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 September 8, 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 September 10, 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 September 11, 2022. The State Liquor License Code is available for your use at: https://sbg.colorado.gov/liquor-enforcement-laws-rules-regulations The City of Boulder Beverages Licensing Authority Rules of Procedures are available for your review at the below link, and then selecting Access Meeting Agendas and Materials, and Beverages Licensing Authority (BLA) from the top menu, and then scroll down to the BLA Rules of Procedure folder to review the Rules -adopted September 21, 2021: https://bouldercolorado.gov/government/board-commission/beverage-licensing-authority In the alternative, I can provide you with a hard copy of the City of Boulder BLA Rules of Procedure at your request. If you have questions, or require additional information, please contact me at the below listed numbers. Sincerely yours, Kristen Teague, CMC Licensing Specialist Phone: 303-441-3034 Email: teaguek@bouldercolorado.gov Website: http://www.bouldercolorado.gov/licensing City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (Main) 303 441-4192 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. Avanti Boulder, LLC d/b/a Avanti F&B/Avanti Food And Beverage 1401 Pearl Street, Units 100 and 400, Boulder CO 80301 Attention: Travis Christ Sent via email on 9/7//2022 to: rrunco@runprolaw.com and travis@avantifandb.com ATTACHMENT 2 x CITY OF BOULDER LIQUOR LICENSE RENEWAL APPLICATION Oath of Applicant: I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to u,e best of my knowledge. �(:� ---Authorized Signature: o � I 2-0 ('t -iTitle of Signer (if corporation): 1) 1rt.- c -k, ("' 0� � �-M.oe\._ {Date: Snlcs Tax Action: Approved: □ Denied: □ Date: Signature: Comments; Liquor Occupation Tax Action: Approved: □ Denied: □ Date: Signature: Comments: Beverages Licensing Authority Action: Approved: □ Denied: □ Date: Chair: Attesl: IMPORT ANT: Please complete both pages of this application form. Avanti Boulder, LLC 1401 Pearl St Boulder, CO 80302 To Whom it May Concern; This letter will serve as confirmation that Travis Christ has been authorized by the ownership of Avanti Boulder LLC to sign all liquor license renewal documents on behalf of the company. Patrick O’Neill, Managing Member 7-13-2022 OR 8400 (03/1012?) COLORADO DEPARTMENT OF REVENUE I 1quor Cnforccmont D,vis,on 7.S,nco the date of filing of the last application. has the applicant or ,my of its agents. owners. mr1nagers, partners or lenders (other ttian licensed financial 1nst1tutions) been denied an alcohol beverage license, had an alcohol beverage license suspended or revoked, or had interest ,n any entity that had an alcohol beverage license denied, suspended or revoked? If yes. attach a detailed explanation. D Yes � No 8. Does the applicant or any of its agents. owners, managers. partners or lenders (other than licensed financial institutions) have a direct or incl,rnct interest 1r1 ,my nther Colorado liquor license. includi ng loans to 01 from dny licensee or interest in a loan to any licensee? If yes. attach a detailed explanation. � Yes D No Affirmation & Consent I ueclaro under penalty of periury in the second degree that this applicalion and all attachments are true, correct and complete to the best of my knowledge. Typo or Print Name of J;Ppl1cnrit/A11IhorizocLAgc111 or 811s111f'sS \( °'\)\\ C.l!\(1.S-\- Signature \-C-1-0 Report & Approval of City or County Licensing Authority T,110 tv OYr (A 12 ;.1 DnDJ/1,,q /z--z_ file foregoing application nas been examined and the premises, business conducted and character of the applicant are satisfactory. and we do hereby report that such license, if granted, w,11 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 ·-----·S,gnature ,T,tle Attest 3 Avanti Boulder, LLC 1401 Pearl St Boulder, CO 80302 To Whom it May Concern; This letter will serve as confirmation that Travis Christ has been authorized by the ownership of Avanti Boulder LLC to sign all liquor license renewal documents on behalf of the company. Patrick O’Neill, Managing Member 7-13-2022 Question 8 Patrick O'Neill is an owner of Avanti Food and Beverage, LLC in Denver, Colorado. Anthony DiLucia is currently an owner of Avanti Food and Beverage, LLC in Denver, Colorado. While not an ownership interest, he is currently the registered manager for Hotel Jerome at 330 E.Main Street, Aspen, CO. Robert Hahn is currently an owner of Avanti Food and Beverage, LLC in Denver, Colorado. Gerald Engle is currently an owner of Avanti Food and Beverage, LLC in Denver, Colorado. 2 ZIP/Postal Code 80202 Country US Phone Number 7204522646 This receipt has been emailed to the address below. Email Address rrunco@runprolaw.com      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 Gaku Ramen II, LLC Gaku Ramen 1035 Pearl Street Boulder, CO 80302 RE: Gaku Ramen II LLC d/b/a Gaku Ramen Proposed Premise Location: 1035 Pearl 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 June 14, 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 December 31, 2032. 4.ZONING AND HEALTH DEPARTMENT REGULATIONS COMPLIANCE Responsive to C.R.S. §44-3-313 (1)c and BLA Rules of Procedure, Subsection 5-1-1 (C), selling alcohol in the manner proposed in the application is not in violation of any zoning laws of the City of Boulder and the use is consistent with the location’s permissible planning conditions and zoning district. The applicant must meet all applicable laws, rules and regulations of the City’s Planning Department as to construction and building safety requirements at the premise, and if applicable, the Boulder County Health Department and the State Board of Health for food preparation and service. 5.PROXIMITY TO SCHOOLS Responsive to C.R.S. §44-3-313 (1)d et seq. and BLA Rules of Procedure, Subsection 5-1-1 (D), the building in which the liquor is to be sold has a local distance waiver enacted or is not located within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary. This requirement is not applicable to applications for Bed and Breakfast Permits. 6.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): Joseph A Vicari – Member Kelley Gordon Jones – Member Michael Richard March - Member Ryan Seth Goldstein - Member BLA members should refer to the additional board member attachment that was shared in a separate secure folder. Prior Administrative and Operational Characteristics: Joseph Vicari, Kelley Jones, Michael March and Ryan Goldstein hold an interest in other 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, August 17, 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. August 11, 2022 BEVERAGE LICENSING AUTHORITY CITY OF BOULDER, COLORADO ____________________________________ Katelyn Kellogg, Licensing Specialist Agenda Item 12 Trade Name Business Name for Non-profit Event Description Issued Date Black Fret Roots Music Opportunity Foundation Inc.Roots Music Opportunity Foundation Inc ? 14th event - Black Fret ? 09-17-22 8/16/2022 Eric Hutchinson Roots Music Opportunity Foundation Inc.Roots Music Opportunity Foundation Inc - 13th event - Eric Hutchinson ? 09-08-22 8/16/2022 Diversity in the Outdoors Environmental Learning for Kids Environmental Learning for Kids Diversity in the Outdoors event at Patagonia store on August 26, 2022 from 6PM to 8PM 8/19/2022 Natural Night Out Thorne Ecological Institute Thorne Ecological Institute's Natural Night Out at BJCC on Friday October 14, 2022 from 5PM to 10PM 9/12/2022 Star Water Wednesday Roots Music Opportunity Foundation Inc.Roots Music Opportunity Foundation Inc - 12th event - Star Water Wednesday - 08-31-22 8/16/2022 Hometown Festival Boulder Creek Events Hometown Fest on August 19, 20 and 21 of 2022 at Boulder Bandshell 8/19/2022 Naturally Boulder, Inc.Naturally Boulder, Inc.Meet the Investors - A Networking Night at Crestone Capital 9/15/2022 9/12/2022 Reed Foehl Concert Roots Music Project Foundation, Inc.SEP - Roots Music Project Foundation, Inc. - Reed Foehl Concert - 9/23/22 - 13th event 8/29/2022 Eco-Cycle Eco-Cycle SEP- Eco-Cycle for BCFM Wednesdays- 9/14, 9/21, 9/27 and 10/5 2022 9/12/2022 Night of Hope Voices for Children, Inc.Night of Hope - 9/15/2022 9/12/2022 Boulder JCC Art Opening Menorah Arts, Culture and Education SEP - Menorah Arts, Culture and Education at the Boulder JCC - Boulder JCC Art Opening - 9.7.22 8/16/2022 Rosenberg's Block Party The Conscious Alliance SEP - The Conscious Alliance - Rosenberg's Block Party - Saturday, September 10, 2022 - 3 PM - 11 PM 8/25/2022 Brendan James Concert Roots Music Project Foundation, Inc.SEP - Roots Music Project Foundation, Inc. - Brendan James Concert - 9/16/2022 - 12th event 8/29/2022 Jaiapur Literature Festival JLF Colorado, Inc.SEP-Jaipur Literature Festival-September 17 and 18, 2022 from 12:30PM-7:30 PM both days-Boulder Public Library 1001 Arapahoe Avenue, Boulder CO 8/29/2022 Naturally Boulder, Inc.Naturally Boulder, Inc.Autumn Annual Members' Meeting 9/8/2022 9/6/2022 Backpacker Get Out More Tour & Anniversary Big City Mountaineers, Inc.Backpacker Get Out More Tour: September 22, 2022 9/13/2022 Bob Margolin Roots Music Opportunity Foundation Inc.Roots Music Opportunity Foundation Inc ? 15th event - Bob Margolin ? 09-30-22 8/16/2022 Community End of Summer Festival Community United Church of Christ SEP - Community United Church of Christ - Community End of Summer Festival - August 20, 2022 - 12PM-4PM - 2650 Table Mesa Dr, Boulder, CO 80305 8/18/2022 Magical Mountain Moments Ignite Adaptive Sports Magical Mountain Moments 8/18/2022 Wild Night for Wildlife Greenwood Wildlife Rehabilitation Center Wild Night For Wildlife 9/16/2022 8/19/2022 Experience JFS Boulder Jewish Family Service of Colorado Experience JFS Boulder - 9/11/2022 9/9/2022 Chili Bowl Studio Arts Boulder, Inc Special Event Liquor Permit (City Owned Property) - Studio Arts Boulder, Inc - Chili Bowl - September 18, 2022 8/29/2022 City of Boulder Liquor License Notices Sent For Applications Expiring Between 12/01/2022 and 12/31/2022 Printed on 09/14/2022 Page 1 of 4 Notices were sent to the following licensees: Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type 29TH STREET ENERGY CAFE / 29th Street Energy Cafe, LLC 1821 30th St, Boulder, CO 80301-1069 42-75772-0000 12/17/2022 11/02/2022Hotel-Restaurant 6140 GREENWOOD PLAZA GREENWOOD VILLAGE, CO 80111-4803 ACADEMY UNIVERSITY HILL / The Academy Group LP 970 Aurora Ave, Boulder, CO 80302-7262 25-16009-0000 12/27/2022 11/12/2022Hotel-Restaurant BDT STAGE / Bolles, Ltd 5501 Arapahoe Ave, Boulder, CO 80303-1334 12-63851-0000 12/14/2022 10/30/2022Hotel-Restaurant 5501 ARAPAHOE AVE BOULDER, CO 80303-1334 BOULDER BEER & LIQUOR EMPORIUM / Hastatek Corporation 4700 Table Mesa Drive, Boulder, CO 80305 03-10673 12/04/2022 10/20/2022Retail Liquor Store 4700 TABLE MESA DR BOULDER, CO 80305 BOULDER CORK / Teran Enterprises 3295 30th St, Boulder, CO 80301-1444 10-40368-0000 12/13/2022 10/29/2022Hotel-Restaurant 3295 30TH ST BOULDER, CO 80301-1444 BOULDER ELKS LODGE 566 / Boulder Lodge 566 BPOE 3975 28th St, Boulder, CO 80304-1603 10-01031-0001 12/31/2022 11/16/2022Club PO BOX 978 BOULDER, CO 80306-0978 CHEZ THUY / Chez Thuy Corp 2655 28th St, Boulder, CO 80301-1219 02-61900-0000 12/02/2022 10/18/2022Hotel-Restaurant Printed on 09/14/2022 Page 2 of 4 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type El Rincon Cocina Y Tequila / Caballo, Inc 2350 Arapahoe Ave, Boulder, CO 80302 28-19312-0000 12/13/2022 10/29/2022Hotel-Restaurant HAZEL'S BEVERAGE WORLD / Integrity Retail Partners LLC 1955 28th St, Boulder, CO 80301-1101 42-98611-0000 12/05/2022 10/21/2022Retail Liquor Store 2595 CANYON BLVD. Suite 200 BOULDER, CO 80302 Ideal Market / WFM-WO Inc.1275 Alpine Avenue, Boulder, CO 80304 04-01057 12/19/2022 11/04/2022Fermented Malt Beverage Off-Premise P.O. BOX 684786 AUSTIN, TX 78768 ILLEGAL PETE'S / BarMar, LLC 1124 13th St, Boulder, CO 80302-7016 40-97672-0000 12/16/2022 11/01/2022Hotel-Restaurant 240 BROADWAY DENVER, CO 80203 Jax Fish House / Empire Crabhouse, LLC 928 Pearl St, Boulder, CO 80302-6738 07-34731-0000 12/07/2022 10/23/2022Hotel-Restaurant 944 PEARL ST BOULDER, CO 80301 NORTH BOULDER LIQUOR / Conis, Inc 3990 N Broadway, Boulder, CO 80304-1132 10-17148-0000 12/31/2022 11/16/2022Retail Liquor Store 3990 BROADWAY BOULDER, CO 80304 OAK AT 14TH / Urban Palate LLC 1400 Pearl St, Boulder, CO 80302-5307 42-86704-0000 12/07/2022 10/23/2022Hotel-Restaurant 1400 PEARL ST BOULDER, CO 80302 Pasta Jay's / Pasta Jay's, Inc 1001 Pearl St, Boulder, CO 80302-5110 10-61692-0000 12/28/2022 11/13/2022Hotel-Restaurant 4949 PEARL EAST CIRCLE Suite 200 BOULDER, CO 80301 TASUKI / Yarakasu LLC 1575 Folsom St, Boulder, CO 80302 47-02220-0000 12/08/2022 10/24/2022Beer & Wine 7980 NIWOT RD LONGMONT, CO 80503 Printed on 09/14/2022 Page 3 of 4 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type Trader Joe's #301 / Trader Joe's Company 1906 28th Street, Boulder, CO 80301 04-00961 12/12/2022 10/28/2022Fermented Malt Beverage Off-Premise 610 SMITHFIELD STREET ST 300 PITTSBURGH, PA 15222 WAHOO'S FISH TACOS / Baja in the Rockies, LLC 2790 Pearl St, Suite A, Boulder, CO 80302-3827 23-31478-0003 12/12/2022 10/28/2022Hotel-Restaurant 4450 ARAPAHOE AVE Suite 100 BOULDER, CO 80303 Total Liquor Licensees Receiving Notices: 18 Printed on 09/14/2022 Page 4 of 4 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type Non-administrative renewal notices were sent to the following licensees: Liquor LicenseHungry Toad / FrogandToad LLC 2543 Broadway, Boulder CO 80302 03-16006 12/13/2022 10/29/2022 Total Non-Adminstrative Renewal Liquor Licensees Receiving Notices: 1 Agenda Item 13