10.19.22 BLA MinutesBLA 10/19/2022 Final Minutes
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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.
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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.
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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.
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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
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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
Steven Wallace (Nov 20, 2022 19:04 MST)
Steven Wallace
10.19.2022 BLA Hearing Minutes-FINAL
Final Audit Report 2022-11-21
Created:2022-11-17
By:Kristen Teague (teagk1@bouldercolorado.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAFPlj-5r9tn2Zepacq_oX51Ljcfws7tMM
"10.19.2022 BLA Hearing Minutes-FINAL" History
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