Loading...
HomeMy WebLinkAbout11.16.22 BLA PacketBeverage licensing Authority Hearing Packet NOVEMBER 16, 2022 P U B L I C N O T I C E CITY OF BOULDER BEVERAGE LICENSING AUTHORITY H E A R I N G WEDNESDAY, NOVEMBER 16, 2022, at 3:00 P.M. VIRTUAL HEARING 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 October 19, 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. Report and update from Boulder’s Tavern, LLC d/b/a Bluff Street Bar and Billiards, 2690 28th Street, Unit E, Boulder, CO 80301; Richard Weiman, Managing Member, Robert Ware and Jose Emmanuelli, Members, with a premise business mailing address, as required for conditions set at the June 16, 2022, Beverage Licensing Authority hearing for the renewal of a Tavern type liquor license. 6. Show Cause hearing concerning an alleged August 5, 2022 violation and whether the Retail Liquor Store type liquor license held by Punjabi 2 Corporation d/b/a Bailey’s Wine and Spirits, 4800 Baseline Road, Unit E101, Boulder CO, 80303, should be suspended or revoked. 7. Public hearing and consideration of an application filed on August 18, 2022, from Dillon Companies, LLC d/b/a King Soopers 28, 6550 Lookout Rd, Boulder, CO 80301; Kroger Co. as 100% Owner, and with Steven J. Dreher as President, Phillip B. Nelson as Vice President, Thomas J. Sullivan as Vice President, Christine R. Wheatley as Director/VP/Secretary, Carin L. Fike as VP and Treasurer, Misty S. Murad as VP, and with Stacy Thomasson as Store Manager; with a business mailing address of P.O. Box 305103, Nashville, TN 37230, for a renewal of a Fermented Malt Beverage Off-Premises type liquor license. 8. Public hearing and consideration of an application filed on September 16, 2022, from 1468 Pearl St., LLC, LLC d/b/a Postino Wine Cafe, 1468 Pearl St. #110, Boulder CO 80302 ; Upward Project Holdings, LLC, Sole Member of Postino Holdings, LLC with Lauren Bailey as Managing Member and with 1468 Pearl St., LLC as applicant with Lauren Bailey as Managing Member and with no ownership over 10%, with a business mailing address of 3443 N. Central Avenue, Phoenix, AZ 85012, for a new Beer and Wine type liquor license. 9. Matters from Assistant City Attorney 10. Matters from the Licensing Clerk a. Beverage Licensing Authority Consideration of Permanent Modification Applications by Administrative Action i. Junkyard Social Club d/b/a Junkyard Social Club at 2525 Frontier Avenue, Suite A, Boulder, CO 80302 for a Permanent Modification to correct premises diagram of a Lodging and Entertainment type liquor license ii. Gaku Ramen II, LLC d/b/a Gaku Ramen at 1035 Pearl Street, Unit 102, Boulder CO 80302 for a Permanent Modification to correct premises diagram of a Hotel-Restaurant type liquor license b. Neighborhood boundary setting for applications for December 21, 2022, BLA hearing: i. s. b. wines, LLC d/b/a Persona Wine at 2299 Pearl St #6, Boulder, CO 80302 for a New Beer and Wine type liquor license ii. Creature Comforts, LLC d/b/a Creature Comforts at 1647 Pearl St, Unit 2, Boulder, CO 80302 for a New Beer and Wine type liquor license iii. Junkyard Social Club d/b/a Junkyard Social Club at 2525 Frontier Ave, Unit A, Boulder CO 80302 for a permanent modification of a Lodging & Entertainment type liquor license (if public hearing is required) iv. Gaku Ramen II, LLC d/b/a Gaku Ramen at 1035 Pearl Street, Unit 102, Boulder CO 80302 for a permanent modification of a Hotel-Restaurant type liquor license (if public hearing is required) c. Expected Administrative Processing of Liquor License Transfer Applications: i. Norgayling, LLC d/b/a Taj Indian Cuisine at Taj Indian Cuisine for the transfer of a Hotel- Restaurant type liquor license d. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room: i. None for November 2022 e. Processing of special event liquor permits & temporary modifications not related to the Outdoor Dining Program: i. Special Event Liquor Permits list f. Informational items i. Liquor License Renewals Sent List – February 2023 Expirations ii. Establishing a Quorum for the December 21, 2022 hearing date iii. Discussion of Virtual vs. In-Person Hearings iv. Beverage Licensing Authority Retreat Scheduling 11. 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, 80304. 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, November 2, 2022 Kristen Changaris, Licensing Manager Published on Sunday, November 6, 2022, in the Daily Camera newspaper STATE OF COLORADO) ) COUNTY OF BOULDER) ) SS: CERTIFICATE OF PUBLIC NOTICE CITY OF BOULDER ) I, Kristen Changaris, Licensing Manager, City of Boulder, Colorado, do hereby certify that I caused the attached City of Boulder Public Meetings notice and the attached Agenda to be published in the Daily Camera on Sunday, November 6, 2022 in compliance with the laws of the State of Colorado and the ordinances of the City of Boulder, Colorado. Boulder Daily Camera Digital Edition Sunday, November 6, 2022 Boulder Daily Camera Digital Edition Sunday, November 6, 2022 Page Al0 Page E06 IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Boulder, Colorado this Monday, November 7, 2022. Kristen Changaris, Licensing Manager and Secretary to Beverage Licensing Authority BLA 10/19/2022 DRAFT Minutes Page 1 of 5 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * * HEARING MINUTES * * * WEDNESDAY, OCTOBER 19, 2022, 3:00 P.M. VIRTUAL HEARING NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: October 19, 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: Michael Carr, Leah Roberts 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 3 members present. Mike Absalom and Matthew Califano were absent. iii. Election of Chair and Vice-Chair Member Wallace moved, Member Carr seconded, that the election of the chair and vice-chair would be moved to the November 16, 2022 BLA hearing. Motion approved 3:0. iv. Approval of Beverage Licensing Authority (BLA) minutes from September 21, 2022 Member Carr moved, Member Wallace seconded, to approve the minutes of the September 21, 2022 hearing. Motion approved 3:0. v. Hearing agenda issues from Licensing Clerk; Katelyn Kellogg, Licensing Specialist, informed the Authority the applicants from Agenda Item 9 requested to be heard higher in the agenda and the Authority agreed to move the Agenda Item 9 to Agenda Item 5. BLA 10/19/2022 DRAFT Minutes Page 2 of 5 2. Matters from the Boulder Police Department (BPD). Officer Rich Denig updated the Authority that he is working on an affidavit for a show cause that will be scheduled before the coming year. Member Wallace commented that it was helpful for the Authority to see the operative narratives before deliberating on a show cause. 3. Matters from the Responsible Association of Retailers (RAR). Nathan Dewey, representative from RAR, was not present and no matters were discussed. 4. General Public Comments for Future Beverage Licensing Authority Hearings. There was no public comment. 5. Public hearing and consideration of an application filed on August 16, 2022, from Roots Music Project, LLC d/b/a Roots Music Project, 4747 Pearl, Ste V3A&C, Boulder CO 80301; David Kennedy, Managing Member and proposed Registered Manager, with a business mailing address of 1014 Mapleton Avenue, Boulder, CO 80304, for a new Lodging and Entertainment type liquor license Veronica Vecchio, Esq. appeared as the licensee’s attorney, and waived procedures reading on behalf of her 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. David Kennedy, Managing Member, was sworn in. Patrick Maroney, representative of Alcohol Petitioning Services was sworn in and confirmed required 10 day legal posting. David Kennedy provided testimony regarding operations of Roots Music Project and his experience as a liquor licensee. Member Wallace clarified that servers will not be paid based on total sales but by an hourly wage. Patrick Maroney testified regarding the petitioning information provided to the BLA. Member Carr moved, Member Roberts seconded, to approve this new lodging and entertainment type liquor license application. Motion approved 3:0. 6. Continued 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 Bharat Karki, Owner, was sworn in for this matter. Member Wallace read the BLA hearing procedures into the record. No ex-parte communications or conflicts of interest were disclosed by Authority members. JB Cannafax, Assistant City Attorney, noted for the Authority that a stipulation to the facts in this matter had been reached with the licensee. The Authority unanimously voted to accept the stipulation of facts as presented. Mr. Karki provided testimony as to the licensee’s operational characteristics, training and policies. The Authority requested everyone involved in the sale of alcohol be properly trained. Member Carr moved, Member Roberts seconded, to suspend the license for nine days total with three days served and six days held in abeyance. Motion approved 3:0. BLA 10/19/2022 DRAFT Minutes Page 3 of 5 Member Wallace moved, Member Carr seconded, to have the suspension begin on October 23rd. Motion approved 3:0. 7. Public hearing and consideration of an application filed on July 13, 2022, from Modmarket, LLC d/b/a Modern Market, 1600 28th St Suite 1212, Boulder CO 80301; TOLO Food Management, LLC, 100% Owner and Managing Member of Licensee LLC; Rob McColgan, Owner and Member of Licensee LLC and Registered Manager and Anthony Pigliacampo, Owner and Member of Licensee LLC, and with additional individuals stated as Bacardi Facundo and Stewart Winburn, III owning over a 10% interest in Licensee LLC; with a with a premise business mailing address, for a renewal of a Beer and Wine type liquor license. Nick Hayes, Regional Director, was sworn in and confirmed required 10 day legal posting. Member Wallace read the BLA hearing procedures into the record. 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. Hayes testified that the renewal was late filed due to an administrative oversight and explained the internal changes made to the administrative processes for liquor license renewals to mitigate the problem in the future. Member Carr, Member Roberts seconded, to approve this license renewal application. Motion approved 3:0. 8. Public hearing and and consideration of an application filed on July 13, 2022, from Raglin Market Gunbarrel, LLC d/b/a Raglin Market, 5378 Gunbarrel Center Court, Unit 2, Boulder,CO 80301; Matthew Jansen, 100% Owner and with Megan Jansen as Registered Manager with a premise business mailing address, for a renewal of a Hotel-Restaurant type liquor license. Matthew Jansen, Owner, was sworn in and confirmed required 10 day legal posting and consented to the waiving of the readings of the BLA 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. Jansen testified that the renewal was late filed due to a mailing address change and explained that his information and processes have been updated. Member Carr moved, Member Roberts seconded, to approve this license renewal application. Motion approved 3:0. 9. Public hearing and consideration of an application filed on July 26, 2022, from Shreya Sandhir, Inc. & 7-Eleven Inc. d/b/a 7-Eleven Store 13164B, 2605 Valmont Rd, Boulder CO 80304; Shreya Sandhir, Inc. (Franchisee LLC) with Karunaker Sandhir as President and 100% Shareholder of Franchisee LLC, and with 7-Eleven, Inc. (Franchisor Corp.) 100% owned by SEJ Asset Management & Investment Company and with Joseph DePinto as President, CEO and Director, Rankin Gasaway as Senior Vice President, Secretary and General Counsel, and with Stanley Reynolds, Executive Vice President and Chief Financial Officer of Franchisor Corp, with no other persons owning more than 10% interest in Franchisor Corp. with a business mailing address of P. O. Box 219088, Dallas, TX 75221, for a renewal of a Fermented Malt Beverage Off-Premises type liquor license. BLA 10/19/2022 DRAFT Minutes Page 4 of 5 Kevin Coates, 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. Mark Beeson, 7-Eleven area leader and Karunaker Sandhir, President, were sworn in and confirmed required 10 day legal posting. Mr. Coates testified that the renewal was late filed due to an administrative oversight due to a mass layoff within the company. Member Wallace clarified the training information given to the Authority. Mr. Sandhir explained that employees from a different location occasionally help at the Boulder location. Mr. Coats also testified to the sales tax issues which have since been rectified. Member Carr moved, Member Roberts seconded, to approve this license renewal application. Motion approved 3:0. 10. Matters from the Assistant City Attorney No matters were presented. 11. Matters from the Licensing Clerk a. Applications for Outdoor Dining Pilot Program Ms. Kellogg explained there have been 23 Outdoor Dining Pilot Program permits issued with no pending applications remaining in this initial application period. b. Neighborhood boundary setting for applications for November 16, 2022 BLA hearing: i. 1468 Pearl Street, LLC d/b/a Postino Wine Shop at 1468 Pearl Street, Unit #110, Boulder, CO 80302 for a New Beer and Wine type liquor license City Staff suggested neighborhood boundaries for the application: Cedar Ave Extended on North, Pleasant Street Extended on South, 4th Street Extended on East, Folsom on West. Member Wallace moved, Member Carr seconded, to approve the suggested boundaries. c. Expected Administrative Processing of Liquor License Transfer Applications i. Wheeler Restaurant Properties, LLC d/b/a Peckish; 1320 College Avenue, Boulder CO 80302 for the transfer of a Hotel-Restaurant class liquor license ii. One Hundred Eight, LLC d/b/a Pettyjohn's Liquor & Wine; 613 S Broadway, Boulder CO 80305 for the transfer of a Retail Liquor Store type liquor license No items were discussed. d. Breweries, Wineries and Distilleries requests for local licensing authority input on Applications for Colorado Liquor Sales Rooms None for October 2022 BLA 10/19/2022 DRAFT Minutes Page 5 of 5 e. Processing of Special Event Liquor Permits & Temporary Modifications not related to the Outdoor Dining Program Special Event Permits List f. Information Items i. Liquor License Renewals Sent List – January 2023 Expirations ii. Discussion of Virtual vs. In-Person Hearings Kristen Changaris, Licensing Manager, asked the Authority if they would like to have the discussion regarding in-person or virtual meetings. The members briefly discussed and chose to postpone the discussion until all BLA members are present. iii. Beverage Licensing Authority Retreat Scheduling The Authority also chose to postpone discussion regarding retreat dates to next meeting when the rest of the members are present. Member Wallace explained what the retreat will be like based on past retreats. iv. Establishing a quorum for the December 21, 2022 hearing date Members Wallace, Carr and Roberts all agreed that they will be in attendance on December 21st. 11.Matters from the Chair and Members of the Authority Officer Denig explained that his opinion is that show cause hearings should occur in person but the other matters the BLA deliberates on is more convenient for business owners and staff to attend virtually. ADJOURNMENT Member Carr moved, Wallace seconded, that this hearing should be adjourned, and thus, the hearing was adjourned at 4:55 PM. Motion to adjourn approved 3:0. Attested: Approved: Kristen Changaris, Licensing Manager Steve Wallace, Acting Chair of Beverage And Secretary to the Authority Licensing Authority 1 Teague, Kristen From:Yslas, Jon Sent:Tuesday, November 8, 2022 3:16 PM To:Teague, Kristen Subject:FW: RAR FAKE ID TRAINING TOMORROW NOVEMBER 9th, 2 to 3 pm @ Bohemian Biergarten!!! Everyone is Welcome, From: Nathan Dewey <ndewey@poweredbypartners.org> Sent: Tuesday, November 8, 2022 3:16 PM To: Nathan Dewey <ndewey@poweredbypartners.org> Subject: RAR FAKE ID TRAINING TOMORROW NOVEMBER 9th, 2 to 3 pm @ Bohemian Biergarten!!! Everyone is Welcome, External Sender Hey Boulder RAR!!! Don't forget to join us tomorrow at the Bohemian Biergarten for the second Boulder RAR FAKE ID TRAINING w/ Officer Rich Denig and myself. Remember everyone is welcome, in fact the more staff you send the better! Meet us tomorrow at 2 pm, ending between 3 and 3:30 at the Bohemian Biergarten! Its a hands on experience, come see how to read a fake ID professionally by local law enforcement!!! Boulder County · Wednesday, November 9; 2:00pm – 3:00/3:30pm @ Bohemian Biergarten Nathan Dewey RAR Director (970) 484-7123 530 S. College Ave., Unit 1 Fort Collins, CO 80524 www.poweredbypartners.org 2 1 Bluff St. Bar & Billiards 2690 28th St. Unit E Summary of calls for service and police reports filed; 6/16/22 – 11/07/22 Information from reports may not be a complete copy of the report, only pertinent information Included. Calls for service resulting in a police report filed: 8/01/22; 5:49pm., Domestic Disturbance call, BPD report 22-7304 This report detailed allegations of a domestic related assault that reportedly occurred inside or just outside the liquor establishment, involving the owner and an adult female. 9/14/22; 9:30pm., Assault call, BPD report 22-9251 This report details a misdemeanor assault that occurred inside the establishment involving two males. The case is still open. 10/24/22; 12:03pm, Assault (cold) Caller reported they were assaulted at the bar previous night. Investigation determined that no crime had occurred. Calls for service: no report filed: 6/20/22; 8:38pm, Suspicious in progress Caller reported that there was narcotic/drug activity inside the location and that women are not safe inside the bar, requested uniformed officers conduct a walk through. 7/12/22; 9:38pm, Narcotics/drug violation Caller reported they had just sold drugs to the owner, caller refused any specific information. 7/14/22; 4:19pm, Medical call Elderly male experiencing medical issues. 7/15/22; 2:15pm, Suspicious behavior Person sitting on rear patio, yelling loudly. Party left prior to response. 8/22/22; 2:15pm, Medical call Male patron having medical issues related to snake bite. 9/14/22; 9:33pm, Disturbance in progress Report of a fight brewing over a stolen pool cue. 9/15/22; 3:43pm, Trespassing in progress Report of a male sitting on rear patio, refusing to leave. 9/15/22; 8:21pm, Narcotics/drug violation Caller reported distribution of drugs at location, the reporting party was uncooperative and intoxicated. 2 9/22/22; 5:09pm, Domestic disturbance/Narcotics/drug violation Caller reported a male at the establishment was selling fentanyl, domestic incident determined to have occurred at a different location. Caller uncooperative and intoxicated, not on scene. 9/25/22; 8:47pm, Medical call Male patron experiencing medical issues. End of Report 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 stipulated to hearings shall generally proceed: (a) STIPULATION OFFER: The representative of the City shall be given the opportunity to make a brief statement that a stipulation agreement has been reached. The representative of the City shall then state to the Authority what agreement has been reached with the licensee. The representative of the City will inform the Authority what mitigation or aggravating factors were taken into account in reaching the stipulation. (b) STIPULATION ACCEPTANCE: An Authority member must move, and a board member must second, to accept the Offer of Stipulation. A vote will be held. If the Stipulation Offer is rejected by the Authority, a full hearing mist take place as set forth in the “Hearing Procedures for a Suspension or Revocation Hearing without Stipulation.” 5) 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. 6) 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 PUNJABI 2 CORP. d/b/a/ BAILEY’S WINE AND SPIRITS, 4800 BASELINE ROAD, UNIT E.101, BOULDER, COLORADO 80303 NOTICE OF HEARING AND ORDER TO SHOW CAUSE ____________________________________________________________________ To Licensee: YOU ARE HEREBY ORDERED to be at the Municipal Building, Council Chambers, 1777 Broadway, 2nd Floor, Boulder, Colorado, at 3 p.m. on November 16th, 2022, to show cause why the above-referenced Retail Liquor Store License should not be suspended or revoked, for the following violations: On August 5th, 2022, at approximately 11:10 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 08/09/2022 8/11/2022 8/6/2021 6/28/2022 (Renewal pending) October 19, 2022 3:00 PM Sale of alcohol to a minor on January 26, 2018 None Waiver of Notice for 30 Day Hearing Requirement I hereby agree to waive the 30 day notice required in the Boulder Beverage Licensing Authority (BLA) Rules of Procedure prior to a required hearing appearance before the BLA. I understand and acknowledge that this waiver may result in a mandatory appearance before the BLA sooner than 30 days from today’s date. ______________________________ Signature ______________________________ Print Name ______________________________ Title Date ______________________________ Licensee Tradename City of Boulder Finance Department Tax and License Division Sales and Use Tax · Community Information · Special Event Liquor · Liquor License · Miscellaneous License · Marijuana Business License Dear Licensee: Enclosed you will find a “Notice of Show Cause,” which is issued by the Boulder Liquor Authority (BLA). Your Show Cause Order alleges a violation of the Colorado Liquor Code under your alcohol beverage license. Your appearance date is noted in the Show Cause Order and a representative of the licensee is required to appear. At the Show Cause Hearing, the licensee will need to “show cause” as to why the liquor license should not be suspended or revoked. You may have an attorney represent you at the Hearing, but one is not required. You or your attorney must contact the prosecutor at least one week prior to the hearing. If you fail to contact him, you may be subject to the maximum suspension/revocation penalty. You will also need to provide proof of training within 3 months of hire for all of your employees that are involved in the sale or service of alcohol. YOU MUST REDACT ANY ADDRESS AND DATE OF BIRTH FROM THE PROOF OF TRAINING FOR EACH EMPLOYEE PROVIDED AS THESE ARE INCLUDED IN THE PUBLIC BEVERAGE LICENSING AUTHORITY PACKET. Please use the attached form to summarize attendance by your personnel at a state-certified Responsible Vendor alcohol service training. The Boulder Beverage Licensing Authority has determined that class attendance will be deemed valid for the current term indicated on the card or the certificate. In addition, please provide copies of Completion Certificates or Class Cards from state-certified Responsible Vendor alcohol service trainings for all employees involved in the sale or service of alcohol (such evidence of complete employee state approved training must be considered by the Authority as to mitigation for violations from compliance checks). Please return fully completed training chart and above certificates or cards to City Licensing, delivering same to The Brenton Building, 1st Floor-1136 Alpine Avenue, no later than nine days prior to the hearing (this will fall on a Monday). Please also submit any other Mitigating Fact evidence no later than nine days prior to your hearing. Failure to turn in these documents or to turn in thes documents by the deadline may be viewed by the Authority as an “aggravating” factor and could potentially increase any suspension days imposed. The city prosecutors are in the City Attorney’s Office Prosecutor for the Boulder Police Department, their telephone number is 303-441-3020, and the mailing address is City Attorney’s Office, P.O. Box 791, Boulder, CO 80306, Attention: PD Prosecutor for BLA hearings. Please be advised that it is your responsibility as a liquor licensee to know the state and local liquor codes and regulations. The prosecutors will discuss the issues involved in your pending Show Cause Hearing, but they cannot provide you with legal advice as to the defense of your case. A copy of Boulder Liquor Authority “Penalty Schedule” for liquor code violations is attached. If you are found to have committed a violation, this schedule will be used as a guideline, at the discretion of the BLA, to impose your penalty. In certain situations, C.R.S. 12-47-601 permits you to petition the BLA for permission to pay a monetary fine or “fine in lieu” of having your license suspended for all or part of the suspension period. If you decide to petition the BLA to pay a fine in lieu, you must bring to the hearing your books and records for the period of the last 90 days of your overall sales totaled and your alcohol sales totaled for that period. The fine amount shall be not less than $200 or more than $5,000. The BLA may, in its sole discretion, grant the petition to pay a fine, instead of a closure. The BLA will consider these requests on a case-by-case basis but do not have to grant them. Per state law and local rules, you will be required to display a poster for the duration of all suspension days. Failure to serve your suspension, post during your suspension, or abide by any additional local conditions directed by the BLA will result in an additional notice of show cause for violation. City of Boulder P.O. Box 791 Boulder, CO 80306 licensingonline@bouldercolorado.gov (303) 441-4192 (303) 441-1919 (FAX) Rev. 2/17/15 Trade Name: ___________________________________________________________ Location Address: ______________________________________________________ PROOF OF TRAINING: The Beverage Licensing Authority has determined that it is a local condition of a liquor license that everyone involved in service/sale of alcohol is required to take a State approved Responsible Vendor Alcohol Service training within three months of premise opening or three months of hire date and that such training is valid and current at the time training certification is provided. Please fill out the following form, list any and all employee training below, and attach all Certificates of Training and Class Certification cards, or other evidence of training completion for each listed employee. PLEASE MAKE SURE TO REDACT OUT EMPLOYEE ADDRESSES FROM CARDS/CERTIFICATES Employee’s Name Training Title Hire Date Previous Training Date Latest Training Date 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. November 1, 2022 Sent Via Email to: business.license@kroger.com and trish.dapelo@kroger.com And Via Certified Mail, Return Receipt Requested Dillon Companies, LLC d/b/a KING SOOPERS 28 PO Box 305103 Nashville, TN 372305103 Attn: License & Permits Department Re: Fermented Malt Beverage Off-Premises liquor license renewal for 6550 Lookout Rd, Boulder, CO 80301 Dear Licensee: 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 August 18, 2022. However, our local Rules of Procedure preclude me from approving a license renewal via Summary Approval (see attachment 1) if the licensee files same after the deadline for filing, which is 45 days before the license expiration date (here your filing deadline was July 10, 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 August 24, 2022). I note that city sales tax and city occupation tax have approved your license renewal. I also note that the city training forms and the proof of training documents were not 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 November 16, 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 November 3, 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 November 5, 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 November 7, 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. Sincerely yours, Kristen Teague 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 (P) 303 441-4192 (F) 303- 441-19 CERTIFICATE OF MAILING I hereby certify that on the 31st day of October 20 22 , 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. Dillon Companies, LLC d/b/a KING SOOPERS 28 PO Box 305103 Nashville, TN 372305103 Sent Via Email on 11/1/2022 to: business.license@kroger.com and trish.dapelo@kroger.com City of Boulder- Finance Dept. 1136 Alpine Ave, Boulder, CO 80304 LicensingOnline@bouldercolorado.gov (P) 303 441-4192 (F) 303- 441-1919 70122920000031039188 -13- CHAPTER 8 POST-ISSUANCE ACTIONS Section 8-1 License Renewal Subsection 8-1-1 Timely Application Required All applications for renewal of alcohol beverage licenses, including both State and City forms with applicable fees for both parties, shall be submitted to the Licensing Clerk in the form prescribed by law no later than forty-five (45) days before the license expiration date together with the required license and renewal application fees. Any application received fewer than forty-five (45) days before the license expiration date shall be considered a late application. Subsection 8-1-1-a Definition of “Timely” Complete renewal applications which are mailed and postmarked on or before the forty- five (45) day deadline will be considered timely filed. If the deadline date lands on a weekend or city government recognized holiday then the application will be considered timely filed if postmarked on the next business day following that holiday or weekend deadline date. Complete renewal applications that are hand delivered to the Licensing Clerk on or before the forty-five (45) day deadline will be considered timely filed. If the deadline date lands on a weekend or a city government recognized holiday then the application will be considered timely filed if hand delivered on the next business day following that holiday or weekend deadline date. Subsection 8-1-2 Late Applications Without Objections Received Before Expiration of License The Licensing Clerk may process late applications received before expiration of the license, for which no objections have been received, provided that the licensee agrees to suspend the sale of alcohol beverages during the period between expiration of the license and the date the license is actually renewed. If the licensee does not agree to the temporary post-expiration suspension, the Licensing Clerk shall not allow Administrative Approval (as described in Subsection 8-1-5) and shall set the matter for a renewal hearing before the Authority for the next available Authority hearing. Subsection 8-1-3 Late Applications With Objections Received Before Expiration of License When objections have been received, the Licensing Clerk shall set any late applications received before expiration of the license for a renewal hearing before the Authority for the next available Authority hearing. Attachment 1 ,/2&2&-!)2 $$2'),#$,202 $+$2.+&$2 0 X   12     2 2 2 !,, !$$ , , (!, $, '&!&+, ,&!,&&,&,$,,,&,,, '!,$,&&,, ((,,$!($,,,!,! '!,&,&&,,$$,,$&&!(,!$$,(", ,$#,&!,)&,,&$,,!$,,!,,&$,,!,&,!,!!,,&&, $', &!, %,(, !, &,&, &!,!, &!, &,"+2%&,2,,2 ,*%%2+2 %&,2 (,2 $,,'&,&,),!,,&&,!&&$,,&!,!$,!,&!,(,, &!,&,!,,$&,*,                                 Attachment 2               0 X      +  +  +  ++  + ++ + + #" #   ## ###" # "#  !#   ## ###  % %  % %!C!>!7$!C&!2:&2$C =<%37(<AC%:C !<!71'2! C <%<C-.C3?2!7:C 12$!7:C2 C!15-3A!!:C ' ! C.!7,:C7<!2 !7:C 2 C ?(<C:<##C '2>3->! C'2C <%!C :!9(!C2 C:-!C3#C -4%3-C'2C<%!C (<AC3#C 3=- !7C ?&--C <<!2 ! C C :<<!!7<'#&! C 7!:532:'-!C >!2 37:C -::C 5573>! C 5!7C    C   C ?'<%'2C )W%+132<%:C 3#C A3=7C !:</(:%1!2<C 35!2&2$C 37C ?&<%&2C *W%+132<%:C 3#C !15-3A!!:C%&7!C <!:C2 C <%<C :=%C<7'2'2$C?'--C!CC32<(2=3=:C .3-C32 '<'32C3#CA3=7C-3-C -&!2:!C 2 C <%<C :<<!5573>! C .::!:C 7!C >-' C #37C <%!C '2 (<! C =77!2<C <!71C #731C <7'2'2$C <! C B)("$"$ + $%)+ &)+!8>!7:C 1=:<C !C 8!<8)2! C <3C :<AC =88!2<C 2 C =77!2<C <8'2*2$C 3#C /0C :!7>!7:C 1=:<C !C :%3?2C 32C A3=7C 22=-C .(!2:!C 7!2!?- C -!:!C !@5.(2C !-3?C 3=<C A3=7C 573$7!::C <3?7 C #=--C <7'2'2$C 5-2:C #37C !15-3A!!C <7'2'2$C 2 C <&1!-&2!C#37C<7'2(2$C315-!<'32 C )!+%+&&#"$)+ C !-7!C =2 !7C 5!2-<AC 3#C 5!7+=7AC '2C <%!C :!32 C !$7!!C <%<C C ,23?-! $!C <%<C '<C ':C 1AC 7!:532:'&-&<AC 2 C<%!C7!:532;''-'<AC3#C1AC $!2<:C2 C!15-3A!!:C<3C315-AC ?'<%C<%!C 3-37 3C '6=37C2 C !!7C 3 !C2 C --C'<AC3#C 3=- !7C7=-!:C 7"$=-<'32:C3 !:C 2 C 37 '22!:C?%(%C ##!<C1AC-'!2:!C2 C=:'2!::C5735!7<A C  !% % #  % %  % % #"$%  !#%!% %  !% "% 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 PRELIMINARYFINDINGS AND REPORT IN THE MATTER OF THE APPLICATION FROM Dill, Dill Carr Stonbraker & Hutchings, P.C. 455 Sherman St., Suite 300 Denver, CO 80203 Attention: Krista Ashford via email kashford@dillanddill.com RE: Postino Wine Cafe Proposed Premise Location: 1468 Pearl St. #110, Boulder CO 80302 FOR A New Beer and Wine 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 Beer and Wine 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 September 16, 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 April 30, 2031. 4. ZONING AND HEALTH DEPARTMENT REGULATIONS COMPLIANCE Responsive to C.R.S. §44-3-313 (1)c and BLA Rules of Procedure, Subsection 5-1- 1 (C), selling alcohol in the manner proposed in the application is not in violation of any zoning laws of the City of Boulder and the use is consistent with the location’s permissible planning conditions and zoning district. The applicant must meet all applicable laws, rules and regulations of the City’s Planning Department as to construction and building safety requirements at the premise, and if applicable, the Boulder County Health Department and the State Board of Health for food preparation and service. 5. PROXIMITY TO SCHOOLS Responsive to C.R.S. §44-3-313 (1)d et seq. and BLA Rules of Procedure, Subsection 5-1-1 (D), the building in which the liquor is to be sold has a local distance waiver enacted or is not located within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary. This requirement is not applicable to applications for Bed and Breakfast Permits. 6. EXISTING OUTLETS IN DESIGNATED NEIGHBORHOOD Responsive to C.R.S. §44-3-312 (2) and BLA Rules of Procedure Subsection 5-1-1 (E), please see attached detailed map of the Authority Designated Neighborhood displaying surrounding currently licensed premises. 7. BACKGROUND INFORMATION Responsive to C.R.S. §44-3-307 and BLA Rules of Procedure Subsection 5-1-1 (F), the following criminal history information has been discovered or brought to the attention of the Authority: Applicant (including partners, officers, directors over 10% stockholders): Upward Project Holdings, LLC, Sole Member of Postino Holdings, LLC with Lauren Bailey as Managing Member and with 1468 Pearl St., LLC as applicant with Lauren Bailey as Managing Member and with no ownership over 10%. No criminal background was found or disclosed Source of information: Individual History Report (IHR) and CBI and FBI Background Checks Prior Administration and Operational Characteristics: Applicant Postino Holdings, LLC operates four separate licenses in Colorado with one reported liquor citation (sale to minor) in 2016, which resulted in a license suspension. 8. APPLICANT FINANCIAL INTEREST Responsive to C.R.S. §44-3-308 and BLA Rules of Procedure Subsection 5-1-1 (G), the applicant’s financial interest and associated parties’ disclosures are to be found in the submitted city of Boulder BLA Financial Statement with attachments, the submitted Colorado Liquor Retail License Application or Colorado Fermented Malt Beverage License Application with attachments, and the submitted Individual History Record with attachments. A copy of each of these mentioned documents should have been retained by the applicant at the time of application and a copy of these mentioned documents will be provided to the BLA for the purposes of local licensing authority deliberations. 9. NEEDS AND DESIRES EVIDENCE Responsive to C.R.S. §44-3-312 (2)(a) and (b) and BLA Rules of Procedure Section 4-1 through Section 4-4, the applicant is reminded that they have the burden of proof to provide to the Authority for consideration sufficient evidence confirming that the adult residents and business owners and managers within the prior established boundaries of Authority designated Neighborhood both need and desire the proposed new liquor license in type, manner and location. 10. PUBLIC HEARING INFORMATION Responsive to C.R.S. §44-3-311 and BLA Rules of Procedure Section 5-1, you are hereby notified that the public hearing on this application will be held on Wednesday, November 16, 2022 at 3:00 p.m., as a Virtual Hearing. At said hearing, you will have the opportunity to be heard regarding all matters pertaining to the application, including all matters herein set forth. You are advised to obtain a copy of the State Laws, Rules, and Regulations pertinent to the license class for which you are applying. In addition, you are advised to obtain a copy of the applicable “Rules of Procedures” adopted by the Beverages Licensing Authority of the City of Boulder for use and guidance in holding hearings on liquor license applications. These Rules are available at: https://www- static.bouldercolorado.gov/docs/BLA_Rules_of_Procedure_complete._Jan._21._2020-1- 202002060901.pdf or a public copy is made available for review at the Licensing Clerk’s Office. November 8, 2022 BEVERAGE LICENSING AUTHORITY CITY OF BOULDER, COLORADO Kristen Teague, CMC Licensing Operations Specialist REV 8.2022 Upward Projects is committed to responsible alcohol service for the safety of our Guests, community, and Team Members. It is your duty as Leaders to ensure that our Team Members are equipped with the knowledge to serve our Guests responsibly. Please review the information below! How We Keep Our Guests Safe Our restaurants close no later than 12AM, this includes the bar. This is no mistake. We are here to provide your Guests with an experience...one they can remember. We care about each and every person that enters this building which is why we card any Guest who looks under 40, and do not over serve our Guests. We don’t have a drink limit or maximum but once a Guest places an order for their fourth drink, you will then communicate this to a Manager. This doesn’t necessarily mean that they will be cut off at this time. A Manager will begin to work with you to ensure the Guest is having the best, safest experience possible. We require that all employees that will be serving alcoholic beverages obtain their liquor certification within their first 14 days of employment with us. Information as to how to obtain this document can be provided by a Manager. How we handle ourselves during uncomfortable situations delivers a large message. We care about our Guests and although we want them to have a good time, it is imperative they drink responsibly while with us. If you feel like a Guest has reached their limit, tell a Manager right away! How Does Alcohol Affect the Body? Unlike food, alcohol doesn’t need to be digested and can pass quickly into the bloodstream. About 20% of the alcohol that enters the stomach is absorbed immediately! Once alcohol enters the bloodstream it travels quickly to every part of the body. The brain is the first part that will be affected. Here are some signs of intoxication that every Team Member should be aware of: ●Watch for lowered inhibitions Loud outbursts, inappropriate comments ○Spending money more freely (i.e., buying drinks for strangers or acquaintances) ○Frequent smoking ○Foul language, inappropriate jokes ○Flirtatious behavior ●Listen to their speech Speaking too loudly or softly ○Slurred speech, slurred words ○Speaking slowly and repeating themselves ●Interpret the person’s mood ○Exaggerated or extravagant mood swings (i.e., laughing to crying/sadness minutes later) ●Check their appearance ○Red or watery eyes ○Droopy eyelids or tired appearance ○Frequently rubbing hands through face and hair ○Frequent trips to the bathroom ○Slow or no reactions Responsible Alcohol Service SOP REV 8.2022 On average, it takes the liver about one hour to break down one unit of alcohol. Contrary to some myths, there is no way to speed up this process and only time will sober you up. How quickly alcohol is processed in your body and the amount that stays in your blood is affected by different factors including the following: ●Size/weight ○People who are smaller and weigh less will feel the effects of alcohol more quickly because they have less tissue to absorb it. ●Whether or not you’ve eaten ○Food slows down the rate of absorption – that’s why alcohol affects you more quickly on an empty stomach. ●Type of drink ○Alcohol mixed with water or fruit juice is absorbed more slowly, while fizzy drinks or mixers speed up the absorption process. ● Age ○As people get older, changes such as increased body fat and decreased body water content affect how alcohol is processed by the body, making older people more susceptible to the effects of alcohol. ●Gender ○Women’s bodies are made up of more fat and less water than men’s. Women also have lower levels of the enzyme that breaks down alcohol, so alcohol will stay in their system longer and have a greater effect. What Can I Do?! So what are some things that YOU, as a front of house Team Member, can do to be proactive about alcohol related situations? Tip #1: Exchange observations with your Manager on duty to help identify potential problems. Be on the lookout for co-workers’ non-verbal indicators that something is wrong in their section. Tell each other if you notice a Guest nearing intoxication or has already arrived intoxicated. Use your best judgment to determine whether or not they are reaching the threshold of number of drinks served and let a Manager know right away! A great way to determine this is to have a quick chat with the Guest and pay close attention to their demeanor. Tip #2: Make sure the Guest has plenty of water available, keep their water glass full! Inform a Manager BEFORE a Guest has reached their limit. Suggest that the Guest order something to eat and offer them a menu. If the Guest doesn’t want to order any food, talk to a Manager to see if you can bring them out something ‘on the house’. Tip #3: If a Guest is changing sections, check with your Team Members as to how much alcohol has already been served. Checks could be misleading! Remember, a Guest could have been refused service and may try to get service in another section. It is important to remember that no matter what, we ALWAYS treat all our Guests with hospitality. Discontinuing service to a Guest can sometimes be a challenge and it’s important to do your best to assess each situation and handle it accordingly. REV 8.2022 What Does the Law Say About Alcohol? ●A Customer must produce valid I.D. if asked by the establishment to show it in order to be served alcohol. ●It is illegal to use fake I.D. to purchase liquor. An underage person who tries to buy liquor with a fake I.D. could be charged with a Class 3 misdemeanor, and could go to jail. ●An obviously intoxicated person can stay in a bar for 30 minutes from the time the state of intoxication is known. This allows time to arrange for proper transportation from the premises. Checking IDs Legal Forms of ID: ●Driver’s License ●Passport ●State ID Card ●Military ID ●Digital ID (Arizona and Colorado Only) Verifying IDs: Always make sure the ID is current and intact and given by the actual owner of the ID. It must include a photo, signature, and birth date. If you are unsure about the owner of the ID, ask to see a second form of ID. You MUST refuse service if there is any question of the validity of the ID. Arizona ●Liquor can be served by a licensed business from 6AM to 2AM ●It is illegal for a retail licensee to conduct drinking contests, or provide a person with an unlimited number of alcoholic beverages during any set period of time for a fixed price, to provide more than 50 ounces of beer, one liter of wine, or four ounces of distilled spirits at one time for a person’s consumption. (ARS 4-244.23) ●Arizona has an 'Impaired to the Slightest Degree' law that can convict a person even if his BAC is less than .08%. Colorado ● Liquor can be served by a licensed business from 7AM to 2AM Texas ● Liquor can be served by a licensed business: ○ Monday - Friday 7AM to 12AM ○ Saturday 7AM to 1AM ○ Sunday Noon to 12AM (some cities/counties permit sale until 2AM with license) ● An alcoholic beverage served on premise to a Customer between 10AM and Noon on Sunday may only be provided during the service of food to the Customer. Georgia ●Liquor can be served by a licensed business: ○Monday - Saturday 11AM - 11:45PM ○Sunday 11AM - 11:30PM ●The state’s Open Container Policy is legal in public areas but prohibited in any passenger areas of a vehicle REV 8.2022 Verifying Digital IDs (Colorado and Arizona Only): As with a traditional polycarbonate ID, it’s critical to confirm that a Digital ID is authentic to comply with laws for verifying identification. Here are some ways to quickly validate a person’s identity and age with the Digital ID. Visually inspect the Digital ID ●Colorado ○Ask the holder to rotate their phone to show the free-floating flower hologram move. If the image does not move, it is a static photo, indicating a counterfeit. ○Ask the holder to press on the screen with their finger to show the text size enlarge. If the text does not enlarge, the ID is a counterfeit. ●Arizona ○ Ask the holder to authenticate their mobile ID by selecting “Certify”. This will display a rotating emblem that follows their finger while moving across the screen. ●If you are still unsure, ask the holder to start over by closing and reopening the app to show their Digital ID. ●The Digital ID includes a feature people can use to hide personal details that are not pertinent for identity verification. For instance, to purchase alcohol, the holder can hide their address and birthdate using the toggle settings in the app. There is an indicator that shows if they are over 21. If you suspect a Digital ID is fraudulent, you can ask to see the person’s polycarbonate ID. Do not take their phone away if you suspect fraud. A valid Digital ID is not a photograph of the holder’s driver license or state ID. The Digital ID is dynamically populated when the holder logs in to their app. What are Some of the Penalties I Need to be Aware of? Over-serving a Guest is definitely a serious matter! You could lose your job if you are not responsibly serving. These situations include, and are not limited to: an underage (< 19) server selling/opening alcohol, accepting a fake ID or even worse- NOT ID-ing, serving minors, not alerting a Manager when a Guest is intoxicated, etc.. Did you know that if a Guest leaves intoxicated and gets into a car accident, the last person who served them, the Manager on duty, AND the restaurant could be held liable? Common Fines ●Dram Shop Acts - laws holding the establishment responsible if an intoxicated guest leaves and causes injury to another person. ●Common Law of Negligence - the failure to exercise the kind of reasonable care used by a prudent person under similar circumstances. Employee liability and non-vehicular injuries ●Employee Selling to an underage - $1,000 Fine ●Employee Accepting Unauthorized Form of I.D. - $250 Fine ●Employee Failing to Require Written I.D. when Employee had Reason to Question Patron’s Age; Selling to a Minor - 5-Day Suspension Not only are these serious penalties for the Team Member but there could also be costs for the restaurant. YIKES! The restaurant could get fined and even have their liquor license revoked by the state. This causes a loss of revenue and even jobs! It’s extremely important that we take responsible alcohol service seriously. We have an obligation to our Guests, community, and Team Members to make sure that we provide a safe environment REV 8.2022 Handling Intoxicated Guests Stopping Service Always stop service when concerned about any Guest. If an intoxicated Guest arrives you may refuse entry if possible. You can also stop service to a Guest if they develop behavioral or physical signs of intoxication or if you are concerned about the quantity of drinks one has consumed. If you ever need to refuse or stop service, alert another MOD as backup so they may assist if needed. When stopping service never be judgemental and always express concern and sympathy. Getting Guests Home Safely Always try to ensure Guests have a safe ride home. If necessary, ask a dining party if they have a designated driver. Arrange safe transportation home for any Guest as needed. Dealing with a Potentially Violent Situation Always call the Police in situations that may turn violent for the safety of yourself, your team and all Guests in the restaurant. Do your best to separate other Guests in the restaurant from the situation when possible. Never attempt to touch or physically restrain a violent Guest. Role Play Scenarios Practice these scenarios below with a Trainer or Manager to ensure that you are prepared for any situation that might arise! 1. You’ve had Guests dining with you for a number of hours, they are attempting to order their fourth drink of the evening. They have a designated driver and are not showing multiple signs of intoxication at this time. 2. You are serving a party of 5 and they order an additional bottle of wine for the table. One Guest is clearly intoxicated and should not have anything else to drink. 3. You approach the table for the first time and you can automatically tell the Guest is intoxicated. 4. You have a Guest who has had 2 glasses of wine at the bar and has closed out their tab and moved to a table to meet a friend. You know they will continue drinking because the Guest was asking you for recommendations on bottles of wine to order with dinner. 5. You check an ID of a Guest who looks fairly young. You are not familiar with the type of ID that the Guest hands you. It looks like a military ID but you have never seen one before. 6. A Guest has gotten aggressive when you told them that you can no longer serve them drinks. 7. You (host) are seating a table and one of the Guests smells like alcohol. You aren’t sure if the Guest is intoxicated. Liquor License Information For more information on Liquor Licenses and other FAQs please refer to the specific brand and location documents located on The UPside. You can find them under Docs & Info > Beverage. 9/29/2022 11/16/2022 X X X City of Boulder 303-441-3034 X K-1.0EQUIPMENT PLANGROUND FLOOR1/4" = 1'-0"SoCal GroupPEARL STREET MALL 1468 PEARL STREET BOULDER, CO. 803022021-13807/19/2021DATE:SCALE:DRAWN BY:SHEET TITLE:SHEET NUMBER:APPROVED BY:ISSUANCETHIS DOCUMENT WAS ORGINALLY PRINTED ON A 30" x 42" SIZE SHEETPROJECT NUMBER:DATE NO. DESCRIPTION STORE LOCATION 07/26/2021 DESIGN SCHEME09/23/2021 DESIGN REV.109/30/2021 DESIGN REV.210/15/2021PRELIMINARYPACKAGE11/03/2021 90% CD SET1468 PEARL STREET LLC11/22/2021 100% CD SETTRN0 2' 4' 8' 12' 16'1/4" = 1' - 00" @ 24"X36"MAINCOOKLINE DININGAREA PATIODININGAREA MAINENTRYPATIODININGENTRY GENDERNEUTRALRESTROOMAPP / SALADST.BRUSCHETTAST.PANINIST.EXPOWINDOWDININGAREA HSPATIODININGEXIT DISHDROP-OFFBEVERAGESTATIONSCULLERYHSSERVICEBAR AREAHSRFGENDERNEUTRALRESTROOMPREPSTATIONRICEMACHINEHSFRRRRED WINERED WINERED WINERWALK-INCOOLERJANITORSSINKSERVICEENTRANCEDBLC/ORRRFWHITE WINE WHITE W I N E WHITE WINE RRRRAIRFLOWAIRFLOWAIRFLOWAIRFLOWPOINT OF SALESYSTEM (POS)LIQUOR DISPLAYLIQUOR STORAGELIQUOR STORAGELIQUOR STORAGELIQUOR STORAGELIQUOR STORAGEPOINT OF SALESYSTEM (POS)BOOKS ANDRECORDSLIQUORBOUNDARIESLIQUOR STORAGE8/24/22 K-1.1EQUIPMENT PLANBASEMENT1/4" = 1'-0"SoCal GroupPEARL STREET MALL1468 PEARL STREETBOULDER, CO. 803022021-13807/19/2021DATE:SCALE:DRAWN BY:SHEET TITLE:SHEET NUMBER:APPROVED BY:ISSUANCETHIS DOCUMENT WAS ORGINALLY PRINTED ON A 30" x 42" SIZE SHEETPROJECT NUMBER:DATE NO. DESCRIPTION STORE LOCATION 07/26/2021 DESIGN SCHEME09/23/2021 DESIGN REV.109/30/2021 DESIGN REV.210/15/2021PRELIMINARYPACKAGETRUPBAG-N- BOXEMPLOYEELOCKERSPREPAREAFIRERISERROOM DRYSTORAGEPREPCOOKLINEPOT WASHWALK-INCOOLER DUMBWAITER HSHSLIQUOR STORAGELIQUOR BOUNDARIES8/24/22 P.O. Box 791 | 1136 Alpine Ave, Boulder CO 80304 | licensingonline@bouldercolorado.gov | O: 303-441-4192 Dear Liquor License Applicant: Before approving a liquor license application, the Beverage Licensing Authority (BLA) must consider the reasonable requirements of the neighborhood and the desires of the adult inhabitants as evidenced by petitions, remonstrances, supporting witnesses or other evidence submitted by the applicant and by residents and business owners/managers of the designated neighborhood. Although the law does not require that an applicant petition the neighborhood, it is the most common form of evidence presented at BLA application hearings. Enclosed you will find a blank Business petition form, Resident petition form, Application Summary to show at the door to possible petition signers, Petition Summary to total your results, Neighborhood Map, Existing Licenses List, and an Affidavit of Circulator. You will need to make copies of all enclosed documents including color copies of the Neighborhood Map. You will need to make sufficient copies of both the Resident petition form and the Business petition form to collect the signatures necessary to prove to the BLA that application approval is in order. The BLA does not specify a certain number or percentage of signatures that must be acquired; they do expect to see that a good sampling of both residences and businesses in the neighborhood was obtained. Petitions must be circulated within the neighborhood boundaries established by the BLA and outlined on the Neighborhood Map. Each door to door petitioner must carry and show at the door a color copy of the Neighborhood Map and a copy of the Existing Licenses List along with blank signature pages of both the Business petition and Resident petition forms. An individual signing a petition must include his or her first and last name. Each signature and accompanying address must be legible. For resident petitions, all persons signing must be at least 21 years of age and reside in the defined neighborhood. For business petitions, all persons signing must be at least 21 years of age and own and/or manage a business in the defined neighborhood. Each petitioner who has collected petition results door to door must submit a signed and notarized Affidavit of Circulator. Failure to affix a completed affidavit of circulator, including notarization, may cause petition invalidity concerns to be raised by the Authority. Petitions circulated outside the neighborhood boundaries shall not be considered. Please also note that only door to door petitions will be considered by the BLA. If the BLA determines that the petitions submitted are insufficient to support a finding that: (1) the reasonable requirements of the neighborhood establish a need for the issuance of the requested license, and (2) that the desires of the adult inhabitants dictate the issuance of the license, the BLA may either deny your application or continue your hearing an additional month or more to allow you time to conduct more petitioning. As such, full adherence to these procedures, completion of petition documentation, sufficient signatures collection, and timely submittal of petition results is important for your license application. At the conclusion of petitioning, please complete the Petition Summary and submit with your petition materials and affidavits of circulator to the City Licensing office. Your petition materials are via email to licensingonline@bouldercolorado.gov by 12:00pm on Monday, November 7, 2022. Liquor License Application Summary Page for Door to Door Neighborhood Petitioning Applicant: 1468 Pearl St., LLC Trade Name: Postino Wine Cafe Business Location: 1468 Pearl St. #110, Boulder CO 80302 Occupancy: 101 IN/ 43 OUT Seats Square Footage 4,941 IN/ 810 OUT Business Description: New Beer and Wine License Operating Hours: Monday-Thursday 11AM-11PM; Friday 11AM-12AM; Saturday 9AM-12AM and Sunday 9AM-11PM Same # of Licenses in area: 13 Application Type: New Beer and Wine Type Liquor License Defined Neighborhood: NORTH- Cedar Avenue Extended SOUTH- Pleasant Street Extended EAST- 4th Street WEST- Folsom Street Date and Location of Beverage Licensing Authority Hearing to provide comment: Wednesday November 16, 2022 at 3PM Virtual Meeting: https://bouldercolorado.gov/government/board-commission/beverage- licensing-authority 20 minutes prior to meeting for meeting link Applicant Location 8th St Pearl St5th StSouth St Stadium Dr5th S t Taft Dr Bluff St Marine St Arapahoe Ave Spruce St 21st St18th St3rd S t 15th S t5th S t4th S t 23rd S t 14th S t Pennsylvania Ave University Ave 20th StPleasant St7th St11th S t Grandview Ave 19th St11th S t 19th StWalnut St6th StCollege Ave Portland Pl 17th St6th S t Alpine Ave Pine St 16th St Maxwell Ave 21st St9th StCanyon Blvd 22nd StDewey Ave Grandview Ave Cedar Ave Evergreen Ave Dellwood Ave Balsam Ave Ellison Pl4th S t 7 t h S t 22nd S t 19th StFolsom StLinco ln P l6th St21st St13th S t Hapgood St 7th St18th S t 10th St13th St17th StSpruce St4th St8th St8th S t 15th St10th St24th S t 10th S t 21st S t Portland Pl 20th S t 22nd S t 19th S t North St 8th S t Dellwood Ave 13th StBro adw a y4th StLibby D r9th S t Lincoln PlAlpine Dr 11th StEdgewood Dr12th St2 3 r d S t Dean PlElder Ave 7th StMarshall St23rd StFolsom St25th StBroadwayAthens St Evergreen A v e 21st StCedar Ave Balsam Ave Mapleton Ave Central Campus Mall8th St8th St Goss StCanyon Blvd Grove StWashington StMacky Dr13th StLor r a i n e C t 5th StMapleton Ave High St Pearl St Pearl StHighland Ave Marine St Valley View Dr Goss StGoss Cir Concord Ave Tyler R d Grove Cir16th St5th St18th St11th St14th St10th St15th StD a k o t a P l 7th StHillside Rd 22nd StColorado Ave Floral D r Jefferson St14th St15th StNorth St Mesa Dr Panorama A v e24th St20th StBalsam Dr N i c h o l l S t Neighborhood Map for a New Beer & Wine type Liquor License Postino Wine Shop • 1468 Pearl Street 1 inch = 1,100 feet The information depicted on this map is provided as graphical representation only. The City of Boulder provides no warranty, expressed or implied, as to the accuracy and/or completeness of the information contained hereon. Applicant: 1468 Pearl Street, LLC Trade Name: Postino Wine Shop Location: 1468 Pearl Street, Unit #110 License Type: New Beer and Wine City ofBoulder PERMIT LicenseNum Licensee TradeName Address LicenseClass LIQ2017-00079 10-31183-0000 Mustard's Last Stand, Inc MUSTARD'S LAST STAND 1719 Broadway, Boulder, CO 80302-6220 Beer & Wine LIQ2017-00124 42-04305-0000 Million Dynasty LLC LAUGHING GOAT COFFEEHOUSE 1709 Pearl St, Boulder, CO 80302-5516 Beer & Wine LIQ2017-00192 47-02220-0000 Yarakasu LLC TASUKI 1575 Folsom St, Boulder, CO 80302 Beer & Wine LIQ2018-80212 03-09790 Rapha Racing LLC Rapha 1815 Pearl Street, Boulder, CO 80302 Beer & Wine LIQ2020-00263 03-13745 Sweetgreen Colorado LLC Sweetgreen Boulder 1601 Pearl Street, Suite 100, Boulder CO 80302 Beer & Wine LIQ2019-00539 03-12924 OCCOM HOLDINGS, LLC AMANTE WALNUT 1023 WALNUT, SUITE 100, BOULDER CO 80302 Beer & Wine LIQ2017-00031 03-06239 Sherpa Holdings 2015 LLC FUJI CAFÉ 2018 Broadway Street, Boulder, CO 80302 Beer & Wine LIQ2021-00161 03-15160 Food Lab LLC FOOD LAB 1825 Pearl Street, Unit A, Boulder, CO 80302 Beer & Wine LIQ2020-00114 03-13515 Peace & Love LLC Tonic 2011 10th Street, Boulder CO 80302 Beer & Wine LIQ2021-00093 03-14769 Lantz, LLC R GALLERY + WINE BAR 2027 and 2035 Broadway, Boulder, CO 80302 Beer & Wine LIQ2017-00047 12-86441-0000 Zoe Zen, Inc ZOE MA MA 2010 10th St, Boulder, CO 80302-5118 Beer & Wine LIQ2017-00173 03-07032 Boulder Hotel Group, LLC BASECAMP BOULDER 2020 Arapahoe Avenue, Boulder, CO 80302 Beer & Wine LIQ2017-00078 03-06665 Trident Business Partners, LLC TRIDENT BOOKSELLERS & CAFÉ 938-940 Pearl Street, Boulder, CO 80302 Beer & Wine Neighborhood Needs & Desires Petition Summary Sheet Applicant: 1468 Pearl St., LLC Trade Name: Postino Wine Cafe Business Location: 1468 Pearl St. #110, Boulder CO 80302 Date(s) of Petitioning: Defined Neighborhood: NORTH – Cedar Avenue Extended SOUTH – Pleasant Street Extended EAST – 4th Street WEST – Folsom Street Total Contacts: ________ Not at Home: _______________ Not Qualified: _______________ Refuse to Sign: _______________ Needs & Desires Already Met: _______________ Religious Objection: _______________ Remained Neutral: _______________ Alcohol Usage Objections: _______________ No Reason Given: _______________ TOTAL # IN FAVOR ___________ TOTAL # OPPOSED ______________ PRE-FILE DUE DATE FOR PETITIONS: MONDAY November 7, 2022 DATE OF PETITIONING: ___________________________________________ TIME OF PETITIONING: _________________________ Resident Petition Form Applicant: 1468 Pearl St., LLC Trade Name: Postino Wine Café Application Type: New Beer and Wine Type Liquor License Business Location [See Map]: 1468 Pearl St. #110, Boulder CO 80302 Previous Business: N/A Date & Time of Hearing: Wednesday, November 16 , 2022, at 3 PM Location of Hearing: Virtual Hearing I, the undersigned, am aware that a liquor license application has been filed with the City of Boulder. I certify that I am at least 21 years of age and am a resident in the defined neighborhood. I have indicated below, with my signature, my opinion about approval/denial of the above referenced application. PERSON NAME (Please PRINT) ADDRESS *FAVOR **OPPOSE REASON WHY YOU FAVOR OR OPPOSE THIS APPLICATION SIGNATURE (Please SIGN, do not print) AGE TODAY’S DATE PETITION ISSUE: This petition/opinion poll is being conducted to determine the reasonable requirements, needs and desires of the adult inhabitants of the defined neighborhood per C.R.S. 44-4 and 44-3, the Colorado Beer and Liquor Codes, and per local licensing authority rules/procedures. [*] If you favor and support this New Beer and Wine TYPE LIQUOR LICENSE application because it is your opinion the reasonable requirements of the adult inhabitants of the defined neighborhood (see map) are not now being adequately served by existing businesses that hold the same or similar type license now doing business in the defined neighborhood, and it is your desire that this liquor license be issued, please sign and check [*] FAVOR column to grant requested license, and then please write in your reason why you favor this license application. [**] If you oppose and do not support this New Beer and Wine TYPE LIQUOR LICENSE application, please sign and check the [**] OPPOSE column, and please then indicate the reason you oppose this license application. If you think that you have been unduly influenced by the petition circulator or have questions or comments concerning the proposed application or survey method, please call: KRISTEN CHANGARIS, CITY OF BOULDER LICENSING MANAGER AT PHONE: 303-441-3005 OR EMAIL: ChangarisK@bouldercolorado.gov DATE OF PETITIONING: ___________________________________________ TIME OF PETITIONING: _________________________ Business Petition Form Applicant: 1468 Pearl St., LLC Trade Name: Postino Wine Café Application Type: New Beer and Wine Type Liquor License Business Location [See Map]: 1468 Pearl St. #110, Boulder CO 80302 Previous Business: N/A Date & Time of Hearing: Wednesday November 16, 2022, at 3PM Location of Hearing: Virtual Hearing I, the undersigned, am aware that a liquor license application has been filed with the City of Boulder. I certify that I am at least 21 years of age and a business owner or manager in the defined neighborhood. I have indicated below, with my signature, my opinion about approval/denial of the above referenced application. BUSINESS NAME PERSON NAME [PRINT] ADDRESS *FAVOR **OPPOSE REASON WHY YOU FAVOR OR OPPOSE THIS APPLICATION SIGNATURE (Please SIGN, do not print) CAPACITY (Owner/Mgr) AGE DATE PETITION ISSUE: This petition/opinion poll is being conducted to determine the reasonable requirements, needs and desires of the adult inhabitants of the defined neighborhood per C.R.S. 44-4 and 44-3, the Colorado Beer and Liquor Codes, and per local licensing authority rules/procedures. [*] If you favor and support this New Beer and Wine Type LIQUOR LICENSE application because it is your opinion the reasonable requirements of the adult inhabitants of the defined neighborhood (see map) are not now being adequately served by existing businesses that hold the same or similar type of license now doing business in the defined neighborhood, and it is your desire that this liquor license be issued, please then sign and check the [*] FAVOR column to grant the requested license, and please then write in your reason why you favor this license application. [**] If you oppose and do not support this New Beer and Wine TYPE LIQUOR LICENSE application, please sign and check the [**] OPPOSE column, and please then indicate the reason you oppose this license application. If you think that you have been unduly influenced by the petition circulator or have questions or comments concerning the proposed application or survey method, please call: KRISTEN CHANGARIS, CITY OF BOULDER LICENSING MANAGER AT PHONE: 303-441-3005 OR EMAIL: ChangarisK@bouldercolorado.gov Affidavit of Circulator I, _____________________________________, do hereby certify that I was the Circulator of the attached petitions and further, that I personally witnessed each signature appearing on the petitions. To the best of my knowledge, each signature thereon is the signature of the person whose name it purports to be, each address given opposite each name is the true address of the person that signed, that each person who signed the petition had the opportunity to read, or have read to them, the petition in its entirety and understood its meaning. All of the undersigned were shown the map and list provided by the City of Boulder’s licensing department. I also affirm that no premises, threats or inducements were employed whatsoever in connection with the presentation of this petition and that every signature appearing hereon was given freely and voluntarily. Circulator’s Name: ____________________________________________________________________ Circulator’s Signature: _________________________________________________________________ Circulator’s Address: ___________________________________________________________________ State of Colorado ) ) ss. County of Boulder ) Subscribe and sworn to before me this ________ day of __________________, ____________. _____________________________________________ Notary Public SEAL My Commission Expires:_________________________ Page 1 of 5 Permit Application and Report of Changes All Answers Must Be Printed in Black Ink or Typewritten 1. Applicant is a  Corporation ........................ Individual  Partnership ........................ Limited Liability Company License Number 2. Name of Licensee 3. Trade Name of Establishment (DBA) 4. Address of Premises (specify exact location of premises)5. Business Email Address City County State ZIP Business Phone Number SELECT THE APPROPRIATE SECTION BELOW AND PROCEED TO THE INSTRUCTIONS ON PAGE 2. Section A – Manager Reg/Change Section C Manager's Registration (Hotel & Restr.) ...........$30.00 Manager's Registration (Tavern) ......................$30.00 Manager's Registration (Lodging & Entertainment) ..........................$30.00 Change of Manager (Other Licenses pursuant to section 44-3-301(8), C.R.S.) NO FEE Please note that Manager's Registration for Hotel & Restaurant, Lodging & Entertainment, and Tavern licenses requires a local fee with submission to the local licensing authority as well. Please reach out to local licensing authorities directly regarding local processing and fees. Retail Warehouse Storage Permit (ea) ............$100.00 Wholesale Branch House Permit (ea) ..............$100.00 Change Corp. or Trade Name Permit (ea) .........$50.00 Change Location Permit (ea) ...........................$150.00 Winery/Limited Winery Noncontiguous or Primary Manufacturing Location Change .............................$150.00 Change, Alter or Modify Premises $150.00 x Total Fee: Addition of Optional Premises to Existing H/R $100.00 x Total Fee: Section B – Duplicate License Addition of Related Facility to an Existing Resort or Campus Liquor Complex Duplicate License .............................................$50.00 $160.00 x Total Fee: Campus Liquor Complex Designation ...............No Fee Sidewalk Service Area .......................................$75.00 Do Not Write in This Space – For Department of Revenue Use Only Date License Issued License Account Number Period The State may convert your check to a one time electronic banking transaction. Your bank account may be debited as early as the same day received by the State. If converted, your check will not be returned. If your check is rejected due to insufficient or uncollected funds, the Department of Revenue may collect the payment amount directly from your bank account electronically. TOTAL AMOUNT DUE $ .00 DR 8442 (06/15/22) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 03-15348 Junkyard Social Club ryan@junkyardsocialclub.org2525 Frontier Ave, Unit A Boulder Boulder CO 80302 303.875.4199 X Page 2 of 5 Instruction Sheet For All Sections, Complete Questions 1-5 Located on Page 1 Section A To Register or Change Managers, check the appropriate box in section A and complete question 9 on page 4. Proceed to the Oath of Applicant for signature. Submit to State Licensing Authority for approval. Section B For a Duplicate license, be sure to include the liquor license number in section B on page 1 and proceed to page 5 for Oath of Applicant signature. Section C Check the appropriate box in section C and proceed below. 1) For a Retail Warehouse Storage Permit, go to page 3 complete question 5 (be sure to check the appropriate box). Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Submit to State Licensing Authority for approval. 2) For a Wholesale Branch House Permit, go to page 3 and complete question 5 (be sure to check the appropriate box). Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Submit to State Licensing Authority for approval. 3) To Change Trade Name or Corporation Name, go to page 3 and complete question 6 (be sure to check the appropriate box). Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to Local Liquor Licensing Authority (City or County). Manufacturer, Wholesaler and Importer's Liquor Licenses submit to State Liquor Licensing Authority. 4) To modify Premise, or add Sidewalk Service Area, go to page 4 and complete question 10. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to Local Liquor Licensing Authority (City or County). Manufacturer, Wholesaler and Importer's Liquor Licenses submit to State Liquor Licensing Authority. 5) For Optional Premises go to page 4 and complete question 10. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to Local Liquor Licensing Authority (City or County). 6) To Change Location, go to page 3 and complete question 7. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to Local Liquor Licensing Authority (City or County). Manufacturer, Wholesaler and Importer's Liquor Licenses submit to State Liquor Licensing Authority. 7) Winery/Limited Winery Noncontiguous or Primary Manufacturing Location Change, go to page 4, and complete question 8. Use this section to make a current Noncontiguous Manufacturing Location into a Primary Manufacturing Location, or a Primary Manufacturing Location into a Noncontiguous Manufacturing Location. To be eligible for a Winery/Limited Winery Noncontiguous or Primary Manufacturing Location Change, you must be a Colorado state licensed manufacturer of vinous liquor pursuant to section 44-3-402 or 44-3-403, C.R.S. 8) Campus Liquor Complex Designation, go to page 5 and complete question 11. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. 9) To add another Related Facility to an existing Resort or Campus Liquor Complex, go to page 5 and complete question 12. DR 8442 (06/15/22) Page 3 of 5 DR 8442 (06/15/22)Storage Permit5. Retail Warehouse Storage Permit or a Wholesalers Branch House Permit Retail Warehouse Permit for: On–Premises Licensee (Taverns, Restaurants etc.) Off–Premises Licensee (Liquor stores) Wholesalers Branch House Permit Address of storage premise: City , County ZIP Attach a deed/lease or rental agreement for the storage premises. Attach a detailed diagram of the storage premises.Change Trade Name orCorporate Name6. Change of Trade Name or Corporation Name Change of Trade name/DBA only Corporate Name Change (Attach the following supporting documents) 1. Certificate of Amendment filed with the Secretary of State, or 2. Statement of Change filed with the Secretary of State, and 3. Minutes of Corporate meeting, Limited Liability Members meeting, Partnership agreement. Old Trade Name New Trade Name Old Corporate Name New Corporate Name Change of Location7. Change of Location NOTE TO RETAIL LICENSEES: An application to change location has a local application fee of $750 payable to your local licensing authority. You may only change location within the same jurisdiction as the original license that was issued. Pursuant to 44-3-311(1) C.R.S. Your application must be on file with the local authority thirty (30) days before a public hearing can be held. Date filed with Local Authority Date of Hearing (a) Address of current premises City County ZIP (b) Address of proposed New Premises (Attach copy of the deed or lease that establishes possession of the premises by the licensee) Address City County ZIP (c) New mailing address if applicable. Address City County State ZIP (d) Attach detailed diagram of the premises showing where the alcohol beverages will be stored, served, possessed or consumed. Include kitchen area(s) for hotel and restaurants. Page 4 of 5 DR 8442 (06/15/22)Winery/Limited WineryNoncontiguous or Primary Manufacturing Location Change8. Winery/Limited Winery Noncontiguous or Primary Manufacturing Location Change Select the option that applies to your situation: Make a current Primary Manufacturing Location (Location 1) into a Noncontiguous Location (Location 2); or Make a current Noncontiguous Manufacturing Location (Location 1) into a Primary Manufacturing Location (Location 2). (a) Address of Location 1: City County ZIP (b) Address of Location 2: City County ZIP Change of Manager9. Change of Manager or to Register the Manager of a Tavern, Hotel and Restaurant, Lodging & Entertainment liquor license or licenses pursuant to section 44-3-301(8), C.R.S. (a) Change of Manager Former manager's name New manager's name (b) Date of Employment Has manager ever managed a liquor licensed establishment? ............................................... Yes No Does manager have a financial interest in any other liquor licensed establishment? ............ Yes No If yes, give name and location of establishment Modify Premises or Addition of Optional Premises, Related Facility, or Sidewalk Service Area10. Modification of Premises, Addition of an Optional Premises, Addition of Related Facility, or Addition of a Sidewalk Service Area NOTE: Licensees may not modify or add to their licensed premises until approved by state and local authorities. (a) Describe change proposed (b) If the modification is temporary, when will the proposed change: Start _________________ (mo/day/year) End _________________ (mo/day/year) NOTE: THE TOTAL STATE FEE FOR TEMPORARY MODIFICATION IS $300.00 (c) Will the proposed change result in the licensed premises now being located within 500 feet of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? (If yes, explain in detail and describe any exemptions that apply) ......................................... Yes No (d) Is the proposed change in compliance with local building and zoning laws? .......................... Yes No (e) If this modification is for an additional Hotel and Restaurant Optional Premises has the local authority authorized by resolution or ordinance the issuance of optional premises? ............................. Yes No (f) Attach a diagram of the current licensed premises and a diagram of the proposed changes for the licensed premises. (g) Attach any existing lease that is revised due to the modification. (h) For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), 1 C.C.R. 203-2, include documentation received from the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, or other legal permissions. We have reduced the indoor and outdoor seat count, reduced the size of the service counter, removed the devising walls in the BOH/food prep area, and added a devising wall with full light barn and double doors between the N & S side of the 1st floor as was required by the Building Dpt. We have made no changes to the sq ft or the footprint of the premises. Page 5 of 5Campus Liquor Complex Designation11. Campus Liquor Complex Designation An institution of higher education or a person who contracts with the institution to provide food services (a) I wish to designate my existing ________________ Liquor License # ________________ to a Campus Liquor Complex ........................................................................................................................ Yes No Additional Related Facility12. Additional Related Facility To add a Related Facility to an existing Resort or Campus Liquor Complex, include the name of the Related Facility and include the address and an outlined drawing of the Related Facility Premises. (a) Address of Related Facility _____________________________________________________________ (b) Outlined diagram provided ....................................................................................................... Yes No Oath of Applicant I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. Signature Print name and Title Date Report and Approval of LOCAL Licensing Authority (CITY / COUNTY) The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the applicable provisions of Title 44, Articles 4 and 3, C.R.S., as amended. Therefore, This Application is Approved. Local Licensing Authority (City or County)Date filed with Local Authority Signature Title Date Report of STATE Licensing Authority The foregoing has been examined and complies with the filing requirements of Title 44, Article 3, C.R.S., as amended. Signature Title Date DR 8442 (06/15/22) Ryan Madson CXO 10/14/22 1 SECOND AMENDMENT TO LEASE THIS SECOND AMENDMENT TO LEASE (the “Amendment”) is entered into as of the 8th day of July, 2021, between Z & G PROPERTIES LLC, a Colorado limited liability company (“Landlord”), and THE HOPPER, a Colorado nonprofit corporation, dba JUNKYARD SOCIAL CLUB ("Tenant"). RECITALS WHEREAS, on or about July 8th, 2020, Landlord and Tenant entered into a Lease relating to a portion of the property located at 2525 Frontier Avenue Unit A, Boulder, Colorado, containing approximately 3,550 square feet of floor area referred to in the Lease as (the “Premises”); and WHEREAS, Landlord and Tenant agree that the Commencement Date provided for in the Lease shall remain December 15th 2020 and the Termination Date shall be amended to be December 31 2022, the Terms shall be adjusted accordingly, and the Base Rent shall be revised as provided for below. IN CONSIDERTION OF THE FOREGOING, AND WITH THE INTENT OF BEING BOUND HEREBY, Landlord and Tenant hereby agree as follows: 1. The first sentence of Section 2 of the Lease shall be amended to read, “The term of this Lease shall begin on December 15 2020 (the “Commencement Date”) and end on December 31 2022 (the “Termination Date”) (the “Term”). 2. The t able included in Section 3 of t he Lease relating to Base Rent sh all be amended to read as follows: Term Monthly Rent 12/15/2020 –1/31/2021 $0.00* 2/01/2021 – 2/28/2021 $3,330.00 3/1/2021 – 3/31/2021 $3,387.27 4/1/2021 – 4/30/2021 $3,444.55 5/1/2021 –5/31/2021 $3,501.82 6/1/2021 –6/30/2021 $3,559.09 7/1/2021 –7/30/2021 $3,616.36 8/1/2021 – 8/31/2021 $3,673.64 9/1/2021 – 9/30/2021 $3,730.91 10/1/2021 – 10/31/2021 $3,788.18 11/1/2021 – 11/30/2021 $3,845.45 12/1/2021 – 12/31/2021 $3,902.73 1/1/2022 – 12/31/2022 $3,960.00 3.Except as amended hereby, there remainder of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date set forth above. LANDLORD:TENANT: Z & G PROPERTIES LLC, a Colorado limited JUNYARD SOCIAL CLUB, a Colorado liability company nonprofit corporation By:___________________________________ By:_________________________________ Kristin P. Lawrence, Manager Jill Katzenberger, Executive Director 07/08/21 Updated January 2019 Page 1 Responsive to C.R.S. 12-47-313(1) and (1)c which states in pertinent part, “(1) No application for the issuance of any license… shall be received or acted upon …(c) For a location in an area where the sale of alcohol beverages as contemplated is not permitted under the applicable zoning laws of the municipality, city and county, or county…” and Beverage Licensing Authority (BLA) Rules of Procedure, Subsection 5-1-1 (c). NOTE: This review is for zoning purposes only and is not approval for any change of occupancy or use pertaining to the building code. A separate building permit is required for building modifications, including changes of use or occupancy. Applicant information Business Entity: _________________________ Trade Name: ________________________________ Phone: ________________________________ Email: _____________________________________ Premise Address: ___________________________________________________________________________________ Application Type: [ ] New [ ] Transfer [ ] Modification [ ] Location Change [ ] Class Change Liquor License Type: _______________________________________________________________________________ Indoor Premise Sq. Ft.: ____________________ Outdoor Patio Sq. Ft.: _______________________ (Please review the zoning regulations for the property at the Planning and Development Services Center for patio seating requests of 300 sq. ft. or more) Indoor Seating Capacity: ____________________ Outdoor Seating Capacity: __________________ Hours of Operation: ___________________________________________________________________ Patio Hours of operation (if different): ____________________________________________________ Liquor License Applicant agrees to operate in accordance with the above Approved Square Footage, Occupant Load and Seating Capacity, and to abide by Approved Hours of Operation. Further, Liquor License Applicant understands that if they do not operate in accordance with their zoning approvals, they may be subject to code compliance actions by City of Boulder. Applicant’s Signature: _________________________ Applicant’s Printed Name: _____________________ Applicant’s Title: _____________________________ Signature Date: ______________________________ Zoning Confirmation Application for Beverage Licensing Authority Attachment to Administrative Review Application Form 1739 Broadway, Third Floor Boulder, CO 80306-0791 Phone: 303-441-1880 | Web: boulderplandevelop.net Junkyard Social Club 303.875.4199 ryan@junkyardsocialclub.org 2525 Frontier Ave, Boulder, CO 80301 Lodging and Entertainment 3500 6500 63 76 Sunday-Thursdat 10:00 a.m.- 9:00 p.m. and Friday-Saturday 9:00 a.m.-11:00 p.m. CXO Ryan Madson 10/14/22 FOR MAL DOCUMENTATION Case No._____________________ CI T Y OF BO U L D ERADR2021-00037 ZONING CONFIRMATION FOR BEVERAGE LICENSING AUTHORITY NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department: DECISION: APPROVED DATE: October 14, 2022 REQUEST TYPE: Zoning Confirmation for BLA ADDRESS: 2525 Frontier Avenue APPLICANT: Ryan Madson OPERATOR: Junkyard Social Club, a Nonprofit Corporation CASE NUMBER: ADR2021-00037 LEGAL DESCRIPTION: Portion of Lot 2, Block 1, New Pearl Street Industrial Park, City of Boulder, County of Boulder, State of Colorado DESCRIPTION: Beverage License Zoning Verification for the Junkyard Social Club, a STEAM focused museum, at 2525 Frontier Ave. LAND USES The proposed use of the Junkyard Social Club, located at 2525 Frontier Avenue, has been identified under Section 9-6-1, B.R.C. 1981 to meet the following: Zoning District: IS-2 Proposed Use: Museum Discretionary Reviews: LUR2019-00018, ADR2019-00124, ADR2020-00105 FINAL DECISION STANDARDS This approval is subject to the following standards. These standards must be met in order for the administrative review approval to be valid. This approval does not constitute building permit approval. This approval permits Junkyard Social Club to assume operation of a tenant space and new patio at 2525 Frontier Avenue with the following operational characteristics: Indoor Premise: 3,500 s.f. Outdoor Patio: 6,500 s.f. Indoor Seating Capacity: 63 Outdoor Seating Capacity: 76 Hours of Operation: Sunday-Thursday 10 a.m. to 9 p.m. and Friday-Saturday 9 a.m. to 11 p.m. Hours of Operation for Outdoor Patio: Same as above. The applicant shall be responsible for ensuring that the development is compliant with the Written Statement dated October 14, 2022 and final approved plans dated October 14, 2022 on file with the City of Boulder Planning Department. Further, the Applicant shall ensure that the approved use is operated in compliance with following standards: 1. The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9-2-15(h), B.R.C. 1981. 2. Interior modifications may be subject to the approval of a building permit. Any building permit that requires wall reconfiguration or changes to the layout shall include a floor plan with seating depicted. 3. New signage will require approval of a sign permit. 4. All conditions outlined in the previously approved reviews LUR2019 -00018, ADR2019-00124, and ADR2020-00105. 5. All conditions of Section 5-9-6, “Unreasonable Noise Prohibited Between the Hours of 11 P.M. through 7 A.M.”, B.R.C. 1981. NOTE: This review is for zoning purposes only and is not approval for any change of occupancy or use pertaining to the building code. A separate building permit is required for building modifications, including changes of use or occupancy. This decision is final and may not be appealed. A new request may be considered only as a new application. By: _______________________________________ Shannon Moeller, Planning Department 2 Swings Sand Sand Before 16’ 18’ Food & Beverage Prep Area Up to 139 seats Up to 63 Seats Inside (2,535 sqft) Up to 76 Seats Outside (6,875 sqft) 65’ CI TYOF BO U L D ERPLANNING & DEVELOPMENT SERVICES APPROVED FINAL LAND USE DRAWING CASE MANAGER DATE 10/14/2022 ADR2021-00037 AFTER Open Office Books & Records (Alcohol Recepits) 39’ 35’ N 2nd Floor = 1,365 spft 2nd FloorADR2021-00037 2525 Frontier Ave Junkyard Social Club Boundary of Premises 1” = 14’ CI TYOF BO U L D ERPLANNING & DEVELOPMENT SERVICES APPROVED FINAL LAND USE DRAWING CASE MANAGER DATE 10/14/2022 ADR2021-00037 11/1/22, 10:30 AM Common Checkout Payment Receipt https://securecheckout.cdc.nicusa.com/Checkout/Receipt?mode=print 1/2 Payment Receipt Confirmation Your payment was successfully processed. Receipt Contact Information Contact Name Contact Email Contact Phone Liquor Enforcement Division dor_liqlicensing@state. co.us 303-205-2300 Contact Url Contact Address https://sbg.colorado.gov /contact-the-liquor-and- tobacco-enforcement- division 1707 Cole Blvd., Suite 300 Lakewood, CO 80401 This online service is provided by a 3rd party working in partnership with the state of Colorado. The price of items purchased through this service includes revenue used to develop, maintain, and enhance the state's official web portal, Colorado.gov. Customer Information Customer Name Company Name Local Referenc… H Alan Dill Dill, Dill, Carr & Stonbraker 8dcef3da-357a-4398- a4f2-d6f6ddc7877f Receipt Date Receipt Time 11/1/2022 10:30:26 AM MDT Payment Information Transaction Summary Receipt Confirmation Description Amount DOR Liquor Enforcement Division Payment $150.00 Service Fee $1.00 TOTAL $151.00 11/1/22, 10:30 AM Common Checkout Payment Receipt https://securecheckout.cdc.nicusa.com/Checkout/Receipt?mode=print 2/2 Payment Type Electronic Check Account Number Order ID ******5323 196945202 Billing Information Billing Address Billing City, State ZIP/Postal Code Country 455 Sherman St Ste 300 Denver, CO 80203 US Phone Number Email Address 3039182168 This receipt has been emailed to the address below. kashford@dillanddill.co m 1 DR 8442 (03/22/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303)-205-2300 FOR DEPARTMENT USE ONLY Current License Number ____________________________ All Answers Must Be Printed in Black Ink or Typewritten Local License Fee $ _________________________________ 1. Applicant is a Corporation ..................................... Individual Partnership ...................................... Limited Liability Company Present License Number 2. Name of Licensee 3. Trade Name 4.Location Address City County ZIP SELECT THE APPROPRIATE SECTION BELOW AND PROCEED TO THE INSTRUCTIONS ON PAGE 2. Section A – Manager reg/change Section C Permit Application and Report of Changes • License Account No. ___________________________________ Manager's Registration (Hotel & Restr.) .............................$75.00 Manager's Registration (Tavern) .........................................$75.00 Manager's Registration (Lodging & Entertainment)...........$75.00 Change of Manager (Other Licenses pursuant to section 44-3-301(8), C.R.S.) NO FEE Retail Warehouse Storage Permit (ea) ...........................$100.00 Wholesale Branch House Permit (ea) ..............................100.00 Change Corp. or Trade Name Permit (ea) ......................50.00 Change Location Permit (ea) ............................................150.00 Change, Alter or Modify Premises $150.00 x _______________ Total Fee __________________________________________ Addition of Optional Premises to Existing H/R $100.00 x ______ Total Fee __________________________________________ Addition of Related Facility to an Existing Resort or Campus Liquor Complex $160.00 x ______ Total Fee _______________ Campus Liquor Complex Designation No Fee Sidewalk Service Area $75.00 Section B – Duplicate License • Liquor License No. _______________________________ Duplicate License .......................................................$50.00 Do Not Write in This Space – For Department of Revenue Use Only Date License Issued License Account Number Period The State may convert your check to a one time electronic banking transaction. Your bank account may be debited as early as the same day received by the State. If converted, your check will not be returned. If your check is rejected due to insufficient or uncollected funds, the Department of Revenue may collect the payment amount directly from your bank account electronically. TOTAL AMOUNT DUE $ .00 2 Instruction Sheet For All Sections, Complete Questions 1-4 Located on Page 1 Section A To Register or Change Managers, check the appropriate box in section A and complete question 8 on page 5. Proceed to the Oath of Applicant for signature. Submit to State Licensing Authority for approval. Section B For a Duplicate license, be sure to include the liquor license number in section B on page 1 and proceed to page 5 for Oath of Applicant signature. Section C Check the appropriate box in section C and proceed below. 1) For a Retail Warehouse Storage Permit, go to page 3 complete question 5 (be sure to check the appropriate box). Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Submit to State Licensing Authority for approval. 2) For a Wholesale Branch House Permit, go to page 3 and complete question 5 (be sure to check the appropriate box). Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Submit to State Licensing Authority for approval. 3) To Change Trade Name or Corporation Name, go to page 3 and complete question 6 (be sure to check the appropriate box). Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to Local Liquor Licensing Authority (City or County). Manufacturer, Wholesaler and Importer's Liquor Licenses submit to State Liquor Licensing Authority. 4) To modify Premise, or add Sidewalk Service Area, go to page 4 and complete question 9. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to Local Liquor Licensing Authority (City or County). Manufacturer, Wholesaler and Importer's Liquor Licenses submit to State Liquor Licensing Authority. 5) For Optional Premises go to page 4 and complete question 9. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to Local Liquor Licensing Authority (City or County). 6) To Change Location, go to page 3 and complete question 7. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to Local Liquor Licensing Authority (City or County). Manufacturer, Wholesaler and Importer's Liquor Licenses submit to State Liquor Licensing Authority. 7) Campus Liquor Complex Designation, go to page 4 and complete question 10. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. 8) To add another Related Facility to an existing Resort or Campus Liquor Complex, go to page 4 and complete question 11. DR 8442 (03/22/19) 3 DR 8442 (03/22/19)Storage Permit5. Retail Warehouse Storage Permit or a Wholesalers Branch House Permit Retail Warehouse Permit for: On–Premises Licensee (Taverns, Restaurants etc.) Off–Premises Licensee (Liquor stores) Wholesalers Branch House Permit Address of storage premise: __________________________________________________________________ City _______________________, County ________________________________, Zip __________________ Attach a deed/ lease or rental agreement for the storage premises. Attach a detailed diagram of the storage premises.Change Trade Name or Corporate Name6. Change of Trade Name or Corporation Name Change of Trade name / DBA only Corporate Name Change (Attach the following supporting documents) 1. Certificate of Amendment filed with the Secretary of State, or 2. Statement of Change filed with the Secretary of State, and 3. Minutes of Corporate meeting, Limited Liability Members meeting, Partnership agreement. Old Trade Name New Trade Name Old Corporate Name New Corporate Name Change of Location7. Change of Location NOTE TO RETAIL LICENSEES: An application to change location has a local application fee of $750 payable to your local licensing authority. You may only change location within the same jurisdiction as the original license that was issued. Pursuant to 44-3-311(1) C.R.S. Your application must be on file with the local authority thirty (30) days before a public hearing can be held. Date filed with Local Authority _______________________ Date of Hearing ________________________ (a) Address of current premises ______________________________________________________________ City ________________________ County _______________________________ Zip ___________________ (b) Address of proposed New Premises (Attach copy of the deed or lease that establishes possession of the premises by the licensee) Address ______________________________________________________________________________ City ________________________ County _______________________________ Zip ___________________ (c) New mailing address if applicable. Address ______________________________________________________________________________ City ________________________ County _____________________ State ________ Zip _____________ (d) Attach detailed diagram of the premises showing where the alcohol beverages will be stored, served, possessed or consumed. Include kitchen area(s) for hotel and restaurants. 4 DR 8442 (03/22/19)Change of Manager8. Change of Manager or to Register the Manager of a Tavern, Hotel and Restaurant, Lodging & Entertainment liquor license or licenses pursuant to section 44-3-301(8). (a) Change of Manager (attach Individual History DR 8404-I H/R, Tavern and Lodging & Entertainment only) Former manager's name _________________________________________________________________ New manager's name ____________________________________________________________________ (b) Date of Employment _________________ Has manager ever managed a liquor licensed establishment? Yes No Does manager have a financial interest in any other liquor licensed establishment? Ye s No If yes, give name and location of establishment _______________________________________________ ________________________________________________________________________________________Modify Premises or Addition of Optional Premises, Related Facility, or Sidewalk Service Area9. Modification of Premises, Addition of an Optional Premises, Addition of Related Facility, or Addition of a Sidewalk Service Area NOTE: Licensees may not modify or add to their licensed premises until approved by state and local authorities. (a) Describe change proposed _____________________________________________________________ __________________________________________________________________________________ ____________________________________________________________________________________ (b) If the modification is temporary, when will the proposed change: Start _________________ (mo/day/year) End _________________ (mo/day/year) NOTE: THE TOTAL STATE FEE FOR TEMPORARY MODIFICATION IS $300.00 (c) Will the proposed change result in the licensed premises now being located within 500 feet of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? (If yes, explain in detail and describe any exemptions that apply) Yes No (d) Is the proposed change in compliance with local building and zoning laws? Yes No (e) If this modification is for an additional Hotel and Restaurant Optional Premises has the local authority authorized by resolution or ordinance the issuance of optional premises? Yes No (f) Attach a diagram of the current licensed premises and a diagram of the proposed changes for the licensed premises. (g) Attach any existing lease that is revised due to the modification. (h) For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include documentation received from the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, or other legal permissions.Campus Liquor Complex Designation10. Campus Liquor Complex Designation An institution of higher education or a person who contracts with the institution to provide food services (a) I wish to designate my existing ________________ Liquor License # ________________ to a Campus Liquor Complex Yes No Additional Related Facility11. Additional Related Facility To add a Related Facility to an existing Resort or Campus Liquor Complex, include the name of the Related Facility and include the address and an outlined drawing of the Related Facility Premises. (a) Address of Related Facility ______________________________________________________________ (b) Outlined diagram provided Yes No 5 Oath of Applicant I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. Signature Title Date Report and Approval of LOCAL Licensing Authority (CITY / COUNTY) The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the applicable provisions of Title 44, Articles 4 and 3, C.R.S., as amended. Therefore, This Application is Approved. Local Licensing Authority (City or County)Date filed with Local Authority Signature Title Date Report of STATE Licensing Authority The foregoing has been examined and complies with the filing requirements of Title 44, Article 3, C.R.S., as amended. Signature Title Date DR 8442 (03/22/19) 1 Teague, Kristen From:joe@trust3hospitality.com Sent:Tuesday, November 1, 2022 12:27 PM To:Teague, Kristen Subject:[FWD: MyGovPay™ - Payment Receipt - City of Boulder - EnerGov] External Sender The City fee is paid see confirmation below... Thanks, Joe -------- Original Message -------- Subject: MyGovPay™ - Payment Receipt - City of Boulder - EnerGov From: mygovpay@persolvent.com Date: Tue, November 01, 2022 2:24 pm To: joe@trust3hospitality.com Transaction Date: 11/01/2022 Agency Name: City of Boulder - EnerGov Order Number: 53745 Item Qty Unit Price Total Price LIQ2022-00481 1 $100.00 $100.00 Item Total: $100.00 Service Fee: $2.85 Tax: $0.00 Order Total: $102.85 Thank you for your payment, City of Boulder - EnerGov BEFORE Service station GAKU RAMEN RESTAURANT 1035 Pearl St Boulder CO 80302 Seating Bar seating -16 seats Restaurant seating - 66 seats TOTAL SEATS - 82 seats Managers Office 11/1/2022 AFTER ADMINISTRATIVE REVIEW NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department: DECISION: APPROVED DATE: May 26, 2022 REVISED 11/1/2022 REQUEST TYPE: Zoning Verification Letter ADDRESS: 1035 PEARL ST 102 APPLICANT: JOE VICARI, GAKU RAMEN II, LLC CASE NUMBER: ADR2022-00081 LEGAL DESCRIPTION: UNIT 102 WEST END PLAZA CONDOMINIUMS AMENDMENT 2, City of Boulder, County of Boulder, Colorado DESCRIPTION: Zoning Confirmation for the BLA for a restaurant, Gaku Ramen, to occupy the space at 1035 Pearl St. unit 102 (formerly Tahona). LAND USES The proposed use of Gaku Ramen II, LLC d/b/a Gaku Ramen located at 1035 Pearl Street, Unit 102, has been identified under Section 9-6-1, B.R.C. 1981 to meet the following: Zoning District: DT-2 Proposed Use: Restaurants, brewpubs, and taverns outside of the University Hill general improvement district that are: over 1,500 square feet in floor area or which close after 11 p.m. Discretionary Review(s): ADR2022-00102 FINAL DECISION STANDARDS This approval is subject to the following standards. These standards must be met in order for the administrative review approval to be valid. This approval does not constitute building permit approval. This approval permits Gaku Ramen II, LLC d/b/a Gaku Ramen to utilize the tenant space at 1035 Pearl Street, Unit 102 with the following operational characteristics: Indoor Premise: 3,213 s.f. Outdoor Patio: 0 s.f. Indoor Seating Capacity: 82 Outdoor Seating Capacity: 0 Hours of Operation: 11:00 a.m. to 1:30 a.m., seven days a week Hours of Operation for Outdoor Patio: N/A The applicant shall be responsible for ensuring that the development is compliant with the Written Statement dated May 26, 2022, and final approved plans dated November 1, 2022 on file with the City of Boulder Planning Department. Further, the Applicant shall ensure that the approved use is operated in compliance with following standards: 1. The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9-2-15(h), B.R.C. 1981. 2. Interior modifications may be subject to the approval of a building permit. Any building permit that requires wall reconfiguration or changes to the layout shall include a floor plan with seating depicted. 3. New signage will require approval of a sign permit. 4. All conditions outlined in the previously approved review, ADR2022-00102. 5. All conditions of Section 5-9-6, B.R.C. 1981 (Unreasonable Noise Prohibited Between the Hours of 11 P.M. Through 7 A.M.). NOTE: This review is for zoning purposes only and is not approval for any change of occupancy or use pertaining to the building code. A separate building permit is required for building modifications, including changes of use or occupancy. This decision is final and may not be appealed. A new request may be considered only as a new application. By: Alison Blaine, Planning Department 1 Teague, Kristen From:joe@trust3hospitality.com Sent:Tuesday, November 1, 2022 12:28 PM To:Teague, Kristen Subject:[FWD: DOR Liquor Enforcement Division Payment Receipt] External Sender Hi Kristen - the state fee has been paid see confirmation below. Thanks, Joe -------- Original Message -------- Subject: DOR Liquor Enforcement Division Payment Receipt From: support@www.colorado.gov Date: Tue, November 01, 2022 2:26 pm To: Payment Receipt Confirmation Your payment was successfully processed. Receipt Contact Information Contact Name Liquor Enforcement Division Contact Email dor_liqlicensing@state.co.us Contact Phone 303-205-2300 Contact Url https://sbg.colorado.gov/contact- the-liquor-and-tobacco- enforcement-division Contact Address 1707 Cole Blvd., Suite 300 Lakewood, CO 80401 Transaction Summary Description Amount DOR Liquor Enforcement Division Payment $150.00 Service Fee $4.14 TOTAL $154.14 This online service is provided by a 3rd party working in partnership with the state of Colorado. The price of items purchased through this service includes revenue used to develop, maintain, and enhance the state's official web portal, Colorado.gov. Customer Information Customer Name Joseph Vicari Company Name Gaku Ramen Local Reference ID 38bb7f6c-3d75-437d-b8b5- 8c214f90ae4a 2 Receipt Date 11/1/2022 Receipt Time 12:26:32 PM MDT Payment Information Payment Type Credit Card Credit Card Type VISA Credit Card Number ******2573 Order ID 196956318 Billing Name Joseph Vicari Billing Information Billing Address 1035 Pearl Street Billing City, State Boulder, CO ZIP/Postal Code 80302 Country US Phone Number 6464190692 This receipt has been emailed to the address below. Email Address joe@trust3hospitality.com SPECIAL EVENT LIQUOR PERMITS 10/17/2022-11/8/2022 Permit Work Class Trade Name Business Name for Non-profit Permit Description Address Expiration Date Special Event Liquor Boulder Young Professionals Happy Hour The Boulder Chamber of Commerce SEP ? The Boulder Chamber of Commerce - Boulder Young Professionals Happy Hour ? October 26, 2022 ? Rembrandt Yard 2440 PEARL ST BOULDER, CO 80302 10/26/2022 Special Event Liquor Flatirons Food Film Festival Flatirons Food Film Festival Flatirons Food Film Festival 10/20/2022 1001 ARAPAHOE AVE BOULDER, CO 80302 10/20/2022 Special Event Liquor Ignite Your Spirit Film Screening Ignite Adaptive Sports 1630 PEARL ST BOULDER, CO 80302 11/3/2022 Special Event Liquor 2022 Soiree Boulder Climbing Community Boulder Climbing Community - 2022 Soiree - November 3, 2022 - Rembrandt Yard 1206 Euclid AVE Unit: Suite 2 Boulder, CO 80302 11/3/2022 Special Event Liquor Chop Wood-Carry Water-Charge Phone Museum of Boulder Museum of Boulder-Chop Wood, Carry Water, Charge Phone-11/4/2022 from 6:30PM-10:30PM 2205 Broadway Boulder, CO 80302 11/4/2022 Special Event Liquor Lesson Studio Show Boulder Jams, Inc Special Event Liquor Permit - Boulder Jams, Inc - Lesson Studio - October 30, 2022 1014 MAPLETON AVE BOULDER, CO 80302 10/30/2022 Special Event Liquor Climate Crisis Opening Ceremony Rocky Mountain Wild Pikas, Prairies, and the Climate Crisis Opening Ceremony - October 22, 2022 2205 BROADWAY BOULDER, CO 80302 10/22/2022 Special Event Liquor Motown Halloween Roots Music Project Foundation, Inc.SEP - Roots Music Project Foundation, Inc - Motown Halloween - October 29, 2022 (15th event) 1014 MAPLETON AVE BOULDER, CO 80302 10/29/2022 Special Event Liquor The Family Learning Center Family Learning Center, Inc.SEP-The Family Learning Center-Boulder JCC 10/22/2022 6007 OREG AVE BOULDER, CO 80303 10/22/2022 Special Event Liquor USATF Masters XC Championships Boulder Road Runners 1360 Gillaspie DR 10/22/2022 City of Boulder Liquor License Notices Sent For Applications Expiring Between 02/01/2023 and 02/28/2023 Printed on 11/08/2022 Page 1 of 3 Notices were sent to the following licensees: Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type AMANTE BASELINE / Occom Holdings, LLC 2850 Baseline Road, Suite A-4, Boulder, CO 80303-2312 03-00768 02/03/2023 12/20/2022Tavern 3015 5TH # ST BOULDER, CO 80304 BOULDER MUSEUM OF CONTEMPORARY ART / Boulder Museum of Contemporary Art 1750 13th St, Boulder, CO 80302-6226 10-31037-0000 02/22/2023 01/08/2023Arts 1750 13TH ST BOULDER, CO 80302 PRESS PLAY / Austin & Ambrose LLC 1005 Pearl St, Boulder, CO 80302-5110 03-00764 02/19/2023 01/05/2023Tavern 1005 PEARL ST BOULDER, CO 80302 Rosetta Hall / Rosetta LLC 1109 Walnut Street, Boulder, CO 80302 03-10961 02/24/2023 01/10/2023Hotel-Restaurant 1109 WALNUT ST BOULDER, CO 80302 SAFEWAY STORE 2919 / Safeway Stores 46 Inc 4800 Baseline Road, Boulder, CO 80303-2699 21-70664-0030 02/03/2023 12/20/2022Fermented Malt Beverage Off-Premise 20427 N 27TH AVE PHOENIX, AZ 85027 SANTO / TaosBoy, LLC 1265 Alpine Ave, Boulder, CO 80304-3502 03-0940 02/22/2023 01/08/2023Hotel-Restaurant 1265 ALPINE AVE BOULDER, CO 80304 Printed on 11/08/2022 Page 2 of 3 Trade Name / Applicant Location Mailing Address Number Expires DeadlineLicense Type TSING TAO / Tsing Tao Asian Kitchen Inc 607 S Broadway, Unit A, Boulder, CO 80305-5956 03-04175 02/19/2023 01/05/2023Hotel-Restaurant 607 S BROADWAY AVE Unit A BOULDER, CO 80305 WEST END TAVERN / Next Door LLC 926 Pearl St, Boulder, CO 80302-5109 18-24767-0000 02/19/2023 01/05/2023Hotel-Restaurant 5440 CONESTOGA CT BOULDER, CO 80301 Total Liquor Licensees Receiving Notices: 8