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HomeMy WebLinkAbout08.16.23 BLA Packet PUBLIC NOTICE CITY OF BOULDER BEVERAGE LICENSING AUTHORITY HEARING WEDNESDAY, AUGUST 16, 2023, 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. Approval of Beverage Licensing Authority (BLA) minutes from the July 19, 2023 hearing; iv. Hearing agenda issues from licensing clerk; 2. Matters from the Boulder Police Department. 3. Matters from the Responsible Association of Retailers (RAR). 4. General Public Comments for Future Beverage Licensing Authority Hearings. 5. Public hearing and consideration of an application filed on July 3, 2023, from Vitamin Cottage Natural Food Markets, Inc. d/b/a Natural Grocers, 2685 Pearl Street, Boulder, CO 80302; Kemper Isely, Co-President; Zephyr Isely, Co-President; Heather Isely, Vice President and Secretary; and Michael Pellicori, Manager of Record with a premise business mailing address for a renewal of a Fermented Malt Beverage & Wine Retail Off-Premise type liquor license. 6. Public hearing and consideration of an application filed on April 7, 2023, from Nopalitos LLC d/b/a Nopalito’s, 2850 Iris Ave, Suite H, Boulder, CO 80301; Milton Guevara-Navas, 90% Owner and Registered Manager and Dora Guevara-Gonzalez, 10% Owner with a premise business mailing address for a renewal of a Hotel-Restaurant type liquor license. 7. Public hearing and consideration of an application filed on May 26, 2023, from Nopalitos LLC d/b/a Nopalito’s, 1805 29th Street, Suite 1138, Boulder CO 80301; Milton Guevara-Navas, 90% Owner and Registered Manager and Dora Guevara-Gonzalez, 10% Owner with a premise business mailing address for a Change of Location of a Hotel-Restaurant type liquor license. 8. Public hearing and consideration of an application filed on June 8, 2023, from The Hapa Group, Inc d/b/a Hapa Sushi Grill and Sake Bar, 1048 Pearl Street, Suite 105, Boulder CO 80302; Mark VanGrack, 76.5% Owner, President, and Registered Manager, and Aaron Nakamichi, 22.5% Owner and Vice President of Operations with a premise business mailing address for a modification of a Hotel-Restaurant type liquor license. 9. Public hearing and continued consideration of an application filed on May 12, 2023, from Bookcliff LLC d/b/a Bookcliff Vineyards, 1501 Lee Hill Drive, Unit 17, Boulder, CO 80304; Tectonic Enterprises, 100% Owner; Christopher Allison, Managing Member and proposed Registered Manager; Jordan Dickard, Managing Member, and William K. Thompson, Managing Member, with a premise business mailing address for a new Vintners Restaurant type liquor license. 10. Public hearing and consideration of an application filed on June 14, 2023, from Granite Building Bar, LLC d/b/a Garage Sale Vintage, 1701 Pearl St, Suite 100, Boulder 80302; Good Baby Management, LLC, 9101 Harlan Street, Suite 135, Westminster, CO 80031 with Joshua Sampson, sole member, as 100% owner of Granite Building Bar, LLC d/b/a Garage Sale Vintage, Joshua Sampson, Member with a premises mailing address of 1701 Pearl St, Suite 100, Boulder 80302 for a New Tavern type liquor license. 11. Matters from the City Attorney 12. Matters from the Licensing Clerk a. Neighborhood boundary setting for applications for September 20, 2023 BLA hearing: i. CST METRO LLC d/b/a CIRCLE K #2741110 for a Permanent Modification of a Fermented Malt Beverage & Wine Retail Off-Premise type liquor license application at 2995 30th St., Boulder, CO 80301 ii. CIRCLE K STORES, INC d/b/a CIRCLE K STORE #2709851 for a Permanent Modification of a Fermented Malt Beverage & Wine Retail Off-Premise type liquor license application at 1480 Canyon Blvd, Boulder, CO 80302 iii. CIRCLE K STORES, INC d/b/a CIRCLE K STORE #2709861 for a Permanent Modification of a Fermented Malt Beverage & Wine Retail Off-Premise type liquor license application at 2877 Baseline Rd, Boulder, CO 80303 iv. CIRCLE K STORES, INC d/b/a CIRCLE K STORE #2709865 for a Permanent Modification of a Fermented Malt Beverage & Wine Retail Off-Premise type liquor license application at 3040 Broadway St., Boulder, CO 80304 v. CST METRO LLC d/b/a CIRCLE K STORE #2709866 for a Permanent Modification of a Fermented Malt Beverage & Wine Retail Off-Premise type liquor license application at 3185 28th St., Boulder, CO 80301 vi. CST METRO LLC d/b/a CIRCLE K STORE #2744057 for a Permanent Modification of a Fermented Malt Beverage & Wine Retail Off-Premise type liquor license application at 3185 28th St., Boulder, CO 80301 vii. Boulder Broker Inn LLC d/b/a Broker Swim Club / Bottom of the Rocks for a new Hotel- Restaurant liquor license application at 555 30th Avenue, Boulder, CO 80303 b. Expected Administrative Processing of Liquor License Transfer Applications i. The Hapa Group, Inc d/b/a Hapa Sushi Grill and Sake Bar transfer of a Hotel-Restaurant type liquor license at 1048 Pearl Street, Suite 105, Boulder CO 80302 c. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room None for August d. Processing of special event liquor permits & temporary modifications not related to the Outdoor Dining Program: i. Special Event Liquor Permits list e. Informational items i. Liquor License Renewals Sent List 13. Matters from the Chair and Members of the Authority Adjournment For information or to request to make comment for the public hearings, call (303)441-4192. Any petitions or remonstrances pertaining to the above may be filed via email at licensingonline@bouldercolorado.gov or by mail to the City of Boulder Finance Department, Sales Tax and Licensing Division, Brenton Building, 1136 Alpine Avenue, Boulder, Colorado, 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, August 2, 2023 Kristen Changaris, Licensing Manager Published on Sunday, August 6, 2023, in the Daily Camera newspaper BLA 7/19/2023 Minutes DRAFT Page 1 of 4 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * * HEARING MINUTES * * * WEDNESDAY, JULY 19 , 2023, 3:00 P.M. VIRTUAL HEARING NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: July 19, 2023 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 Absalom, Mathew Califano, Michael Carr and Leah Roberts Staff Present: Christiana McCormick, Assistant City Attorney, Kristen Changaris, Licensing Manager, and Katelyn Kellogg, Licensing Specialist 1. Agenda Item: i. Instructions for Virtual Hearing; Katelyn Kellogg, Licensing Specialist, provided instructions to the BLA members, city staff, and hearing participants on how to participate during the virtual hearing. ii. Member Roll Call; Authority member roll call was completed with a quorum of 4 members present. iii. Approval of Beverage Licensing Authority (BLA) minutes from the June 21, 2023, hearing; Katelyn Kellogg informed the Board that Agenda Item 9 should read HB 2023-1061 and Colorado House Bill 23-1061 and will be corrected. Member Carr moved, and Member Absalom, seconded to approve the minutes from the June 21, 2023, hearing. Motion Passed 3:0 with Member Califano abstaining. iv. Hearing agenda issues from Licensing Clerk; Katelyn Kellogg reported that the posting requirement for Agenda Item 7 was not met and that there was a typo in Agenda Item 6 in the mailing address. 2. Matters from the Boulder Police Department (BPD). BLA 7/19/2023 Minutes DRAFT Page 2 of 4 Officer Denig provided an update to the Board regarding police reports that occurred outside of a liquor licensed establishment and an update regarding the Liquor Enforcement Advisory Groups. 3. Matters from the Responsible Association of Retailers (RAR). No matters were discussed. 4. General Public Comments for Future Beverage Licensing Authority Hearings. No public comment received. 5. Public hearing and consideration of an application filed on March 7, 2023, from Ado’s LLC d/b/a Ado’s, 1143 13th Street, Boulder, CO 80302; Jose Ado Salguero, 100% Owner and proposed Registered Manager with a premise business mailing address for a renewal of a Hotel-Restaurant type liquor license. Ado Salguero, owner, was sworn in for this matter and confirmed the 10-day legal posting requirement. No ex-parte communications or conflicts of interest were disclosed by Authority Members. No public comment was received. Chair Califano read the procedures into the record. Ado Salguero gave testimony regarding the denial of city sales tax for this renewal application. Katelyn Kellogg informed the Board that this application is now approved by city sales tax and liquor occupation tax. Member Absalom moved, Member Califano seconded, to approve the renewal of this Hotel-Restaurant type liquor license. Motion passed 4:0. 6. Public hearing and consideration of an application filed on May 12, 2023, from BaconLuv LLC dba Blackbelly Market, 1606 Conestoga St, Suite 3, Boulder, CO 80301; Peter-Christian Olivo, Member, Hosea Z. Rosenberg, Member, and Ashley Ogden, Registered Manager; with a business mailing address of 1606 Conestoga St Suite 3, Boulder, CO 80301-2774 for a Modification Hotel-Restaurant type liquor license Peter-Christian Olivo, owner, and Jeffrey Foster, Registered Manager, were sworn in for this matter and confirmed the 10-day legal posting requirement. No ex-parte communications or conflicts of interest were disclosed by Authority Members. No public comment was received. Chair Califano read the procedures into the record. Peter-Christian Olivo and Jeffery Foster gave testimony regarding the operations of their business and the additional license premise. The Board inquired about alcohol control and general operational characteristics in the new licensed area. BLA 7/19/2023 Minutes DRAFT Page 3 of 4 Member Absalom moved, Member Roberts seconded, to approve this new Hotel- Restaurant type liquor license. Motion passed 4:0. 7. Public hearing and consideration of an application filed on May 12, 2023, from Bookcliff LLC d/b/a Bookcliff Vineyards, 1501 Lee Hill Drive, Unit 17, Boulder, CO 80304; Tectonic Enterprises, 100% Owner; Christopher Allison, Managing Member and proposed Registered Manager; Jordan Dickard, Managing Member, and William K Thompson, Managing Member, with a premise business mailing address for a new Vintners Restaurant type liquor license. Katelyn Kellogg informed the Board that the public posting requirement for this application was not met. Adam Stapen, attorney for the licensee appeared for this matter and requested that the Board schedule a special hearing for this application. Member Carr moved, Member Roberts seconded, to continue this new Vintners Restaurant type liquor license to the August 16, 2023 hearing. Motion passed 4:0. 8. Matters from Assistant City Attorney Assistant City Attorney, Christiana McCormick informed the Board that the first reading of the Ordinances Memo regarding HB 2023-1061 and Colorado House Bill 23- 1061 will be on Thursday July 20, 2023. 9. Matters from the Licensing Clerk a. Neighborhood boundary setting for applications for August 16, 2023 BLA hearing: i. The Hapa Group Inc d/b/a Hapa Sushi Grill and Sake Bar for a Permanent Modification of a Hotel-Restaurant type liquor license application at 1048 Pearl Street, Suite 105, Boulder, CO 80302 Member Califano moved, Member Absalom seconded to set the boundaries for this application as follows: North: Maxwell Ave to High St, South: University, West: 6th St, East: 17th St ii. Granite Building Bar, LLC d/b/a Garage Sale Vintage for a New Tavern type liquor license at 1701 Pearl St, Suite 100, Boulder CO 80302 Member Absalom moved, Member Carr seconded to set the boundaries for this application as follows: North: High St Extended, South: Arapahoe Ave, West: Broadway, East: Folsom St BLA 7/19/2023 Minutes DRAFT Page 4 of 4 iii. Nopalito’s LLC d/b/a Nopalito’s for a Change of Location of a Hotel-Restaurant type liquor license at 1805 29th St, Suite 1138, Boulder CO 80301 Member Califano moved, Member Carr seconded to set the boundaries for this application as follows: North: Bluff St Extended, South: Colorado Ave, West: 20th St, East: Foothills Parkway b. Expected Administrative Processing of Liquor License Transfer Applications: None for July c. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room: None for July d. Processing of special event liquor permits & temporary modifications not related to the Outdoor Dining Program: i. Special Event Liquor Permits list e. Informational items i. Liquor License Renewals Sent List Kristen Changaris informed the Board that there were not applicants for the BLA in the midyear recruitment. 10. Matters from the Chair and Members of the Authority Member Absalom informed the Board that TIPS training will no longer be sending physical certifications and that he will be on the Board through October. ADJOURNMENT Member Carr moved, Member Roberts seconded that this hearing should be adjourned, and thus, the hearing was adjourned at 4:08 PM. Motion to adjourn approved 4:0. Attested: Approved: _________________________________ ___________________________________ Kristen Changaris, Licensing Manager Chair of Beverage Licensing Authority And Secretary to the Authority HEARING PROCEDURES OUTLINE City of Boulder Beverage Licensing Authority Application for License Renewal 1) The Chair will call the meeting item to order, and the Licensing Clerk then reads the matter into record 2) The Chair, after calling the meeting item to order, then makes the following opening comments: This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of Applicant [Business Name]: ___________________________, d/b/a [Trade Name]: _________________________, for a renewal of a [Type of License]: _________________ license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado and the Rules of the Beverage Licensing Authority of the City of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this Authority to make the findings and to reach the conclusions required to be made by state law as to whether or not the license shall be renewed. Interested parties are the Applicant, residents of the neighborhood affected by the license as previously determined by the Authority, and the owners and managers of a business located within the neighborhood. This hearing shall be limited to the question of whether there is good cause not to renew the license, as set form in the notice of hearing, dated: _______________. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address. They shall also be sworn in by the Board Secretary. 3) The Chair, then asks the Authority members if anyone has a conflict of interest for this item or if they have and ex-parte contacts regarding this item that they wish to disclose. If there is a conflict of interest or ex-parte contact for an Authority member disclosed, the City Attorney may inquire as to the details of the disclosure. 4) The Chair, then inquires whether there are: i) interested parties present or persons who will act as witnesses for interested parties (they have standing because they reside in or own or manage a business in the designated neighborhood to provide testimony, submit evidence, or cross examine witnesses), or ii) members of the general public who wish to supply comment (they do not have standing as interested parties because they are not located in the designated neighborhood) 5) The Chair asks the Applicant whether they are ready to proceed. If the Applicant answers in the affirmative, then the Chair inquires whether the Interested Parties are ready to proceed and, if they are not, asks for reasons why the application hearing shall not now proceed. 6) If the Applicant and Interested Parties state that they are ready to proceed, then public comment is taken. Public comment is supplied in 3 minutes per person timed increments. 7) The City Attorney or other representative of the Boulder Police Department, will present evidence gathered by the police department, the Licensing Clerk, or other city agencies relevant to the issues framed in the notice. Witnesses may be cross-examined by members of the Authority, representatives of the Boulder Police Department, Interested Parties, and the Applicant. 8) The Applicant then presents their evidence. The Applicant and the applicant’s witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 9) The Interested Parties may then present their evidence in support of or in opposition to the application. The Interested Party and the interested parties’ witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 10) At the Authority’s discretion, the Applicant may present rebuttal evidence. 11) The Chair then closes the matter for Authority deliberations. After this time, no further evidence or testimony may be taken. 12) A member of the Authority then moves, and a member must then second, to approve or disapprove the application or, for good cause, to continue the matter. Authority discussion on the basis for their upcoming vote to the motion should be undertaken by all members. After discussion, a vote is then taken with all members voting to approve or deny the motion. City of Boulder- Finance Dept. 1136 Alpine Ave Boulder, CO 80302 licensing@bouldercolorado.gov (303) 441-4192 (303) 441-1919 (FAX) July 3, 2023 Sent Via Email to: licensing@naturalgrocers.com And Via Certified Mail, Return Receipt Requested 2685 Pearl Street Boulder, CO 80302 Attn: Michael Pellicori Re: Vitamin Cottage Natural Food Market, Inc d/b/a Natural Grocers for a Fermented Malt Beverage & Wine Retail Off-Premise at 2685 Pearl Street, Boulder, CO 80302 Dear Michael Pellicori: Please allow this letter to serve as written acknowledgement that you are scheduled 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. However, your application was filed past the filing deadline, and after your current license had expired. Therefore, this renewal 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 the renewal hearing, include but are not limited to: a. All employees involved in the service of alcohol, including, without limitation, managers, bartenders, and servers, shall attend a state-certified Responsible Vendor alcohol service class within two months from the initial approval of this license. New employees shall take such class within two months of their hire. Re-certification must be undertaken so that they remain current with training. Licensee must explain why city renewal application did not include adequate training information. b. Licensee should be prepared to address the operation of their licensed premise in consideration of applicable State law, including, but not limited to §44-3-302, C.R.S. and BLA Rules of Procedure, Subsection 8-1-9 which states, “Subsection 8-1-9 Grounds for Non-Renewal of License. Objections to renewal of a license must be for good cause. Evidence of good cause to deny a renewal may include, but shall not be limited to, the following: (A) Evidence that the licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Colorado Liquor Code or any related rules and regulations; (B) Evidence that the licensee or applicant has failed to comply with any special terms or conditions that were placed on its license in prior disciplinary proceedings or arose in the context of potential disciplinary proceeding; or (C) City of Boulder- Finance Dept. 1136 Alpine Ave Boulder, CO 80302 licensing@bouldercolorado.gov (303) 441-4192 (303) 441-1919 (FAX) 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. The licensee will then be scheduled and are hereby ordered to participate in a virtual Beverage Licensing Authority hearing on Wednesday August 16, 2023 at 3:00 PM to determine if there is good cause not to renew the annual liquor license. The licensee may have a legal representative attend this hearing with but are not required to do so. You, or an employee, should visit my office on Thursday, August 3, 2023 to pick up a hearing notification poster, such poster should be conspicuously posted on the premises (for instance on the front door or front window glass at the licensed location) at least by Saturday, August 5, 2023 remaining posted for the 10 day plus period until the 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 Tuesday, August 8, 2023 via email to licensingonline@bouldercolorado.gov The State Liquor License Code is available for your review at: Liquor Enforcement Laws, Rules, Regulations | Department of Revenue – Enforcement (colorado.gov) and the city of Boulder Beverages Licensing Authority Rules of Procedures are available at: BLA Rules of Procedure complete.Jan. 21. 2020-1-202002060901.pdf (bouldercolorado.gov) 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, Christopher Stapor Licensing Specialist Main: (303) 441-3401 staporc@bouldercolorado.gov Website: www.bouldercolorado.gov/licensing CERTIFICATE OF MAILING City of Boulder- Finance Dept. 1136 Alpine Ave Boulder, CO 80302 licensing@bouldercolorado.gov (303) 441-4192 (303) 441-1919 (FAX) I hereby certify that on this 3rd day of July 2023, a true and correct copy of the above correspondence was duly mailed by placing same in the U.S. Mail, certification #70122920000031054631, return receipt requested, postage prepaid, addressed to the following. 2685 Pearl Street Boulder, CO 80302 Attn: Michael Pellicori Christopher Stapor Licensing Specialist License Number: Date Issued: Expires: To State: Amount Recd COB: Amount Recd State: Date Fees Received: CITY OF BOULDER LIQUOR LICENSE RENEWAL APPLICATION 04-01166 01/06/2023 05/05/2023 Enter any corrections below:Current Information: Applicant:Vitamin Cottage Natural Food Markets, Inc. Trade Name:Natural Grocers Mailing Address: 12612 W ALAMEDA PKWY LAKEWOOD, CO 80228 Phone:(- Email:licensing@naturalgrocers.com License Type:Fermented Malt Beverage & Wine Retail Off-Premise Premise Address:2685 Pearl Street, Boulder, CO 80302 All information must be typewritten or legibly printed in black ink. IMPORTANT: This City of Boulder Renewal Application Form AND the State of Colorado Renewal Application Form must both be RECEIVED in the City Licensing Office NO LATER THAN the 45th day prior to the date of expiration. Failure to file both renewal forms by 03/21/2023 may result in denial of the renewal. Please complete the forms and return them to: City of Boulder Finance Department P.O. Box 791 Boulder, CO 80306 Attn: Liquor Licensing Your Existing License Expires: 05/05/2023 City Must Receive Complete Renewal By: 03/21/2023 Fee Name Amount Renewal Application Fee $100.00 Total Payable to the City of Boulder $100.00 Have any officers, directors, members, registered managers or any person with a 10% or greater interest in your license been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court (do not include traffic violations, unless they resulted in suspension or revocation of your driver’s license, or you were convicted of driving while impaired or under the influence of drugs or alcohol) since your last license renewal? If Yes, explain in detail on a separate pageNoYes Have all of your owners, managers, and employees (i e clerks, bartenders, and wait staff) involved in the service and sale of alcohol attended a state-certified Responsible Vendor class approved per CRS 44-3-1002 within two months of your establishment opening or within two months of employee’s hire date? Note that this training is a continuous local condition of your license, web based trainings are not allowed, and you must keep employees’/servers’ training current by retraining before their training term expires under BLA Rule Section 3-6 No Yes If you checked NO, please explain on the enclosed Plan for Training Compliance your timeline for training This will help us better evaluate if a renewal hearing should be scheduled If you checked YES, please fully complete the enclosed Proof of Training listing all alcohol service/sale employees, their hire dates, their training dates, and attach copies for all listed employees of their certificates of class completion or class cards to this summary Please include a current copy of your Certificate of Good Standing issued by the Colorado Secretary of State (available at: 303-894-2200 or http://www sos state co us/pubs/business/main htm ) Certificate enclosed: IMPORTANT: Please complete both pages of this application form. Trade Name Premise Address Proof of Training If you checked YES for training, please fill out this form and attach training cards/certificates for each employee. The Beverage Licensing Authority (BLA) determined that it is a local condition of a liquor license that all employees involved in service or sale of alcohol are required to attend and pass a state-approved responsible vendor alcohol service training within 2 months of opening or 2 months of hire date (or earlier) and that such training is valid for the indicated term from training date. Please note that E-training is not accepted. Streaming (Zoom) training with live instructor may be accepted. Please fill out the following form and attach certificates of training, cards, or other evidence of training completion for each employee. Employee Name State Training Type Hire Date Previous Training Date 1 2 3 4 5 6 7 8 9 10 11 12 Natural Grocers Please see attached 2685 Pearl Street Boulder, CO.80302 If you checked NO for training, please fill out this form. Beverage Licensing Authority Plan for Training Compliance for License Renewal Trade Name Premise Address The Beverage Licensing Authority (BLA) determined that it is a local condition of a liquor license that all employees involved in service or sale of alcohol are required to attend and pass a state-approved responsible vendor alcohol service training within 2 months of opening or 2 months of hire date (or earlier) and that such training is valid for the indicated term from training date. Please note that E- training is not accepted.Streaming (Zoom) training with live instructor may be accepted. Please fill out the following form and attach certificates of training, cards, or other evidence of training completion for each employee. Please explain below about your progress toward full training, plans for employee training, and timeline for training completion. 2685 Pearl Street Boulder, CO.80302 Natural Grocers All employees are required to attendand pass the state approved responsible vendor alcohol service training within the two months of hire. Employee Name State Training Type Hire Date Previous Training Date Current CertificateExpiration Date Kathryn Losasso CO - TIPS 9/22/1998 6/4/2019 9/21/2025 Holly Hunter CO - TIPS 10/2/2001 5/16/2022 8/3/2025 Raul Cardona CO - TIPS 1/6/2004 6/4/20219 8/3/2025 Michael Pellicori CO - TIPS 6/22/2006 4/24/2019 2/28/2025 Johnny Hardman CO - TIPS 8/15/2012 7/23/2020 5/4/2025 Nancy Flook CO - TIPS 8/16/2012 6/4/20219 7/6/2025 Diane Strassberg CO - TIPS 7/13/2015 5/22/2019 1/3/2025 Charles Melleno CO - TIPS 11/10/2015 6/4/2019 8/3/2025 Preston Beck CO - TIPS 12/5/2016 1/16/2020 2/22/2025 Christopher Cypser CO - TIPS 5/14/2018 n/a 7/6/2025 Roberta Oliveira De Moura CO - TIPS 10/25/2018 n/a 2/28/2025 Jordan Scrivner CO - TIPS 7/9/2019 5/16/2019 2/7/2025 Corbin Altgelt Yarborough CO - TIPS 7/22/2019 10/14/0219 2/28/2025 Curtine Metcalf CO - TIPS 7/23/2019 8/7/2019 9/21/2025 Tim Hill CO - TIPS 12/16/2019 2/18/2020 1/3/2025 Noah Wood CO - TIPS 1/27/2020 n/a 6/3/2023 Lynne Falanga CO - TIPS 2/1/2020 5/26/2020 2/28/2025 Robert Lumpkin CO - TIPS 2/27/2020 5/27/2020 2/28/2025 Mariana Ruiz-Hoyos CO - TIPS 6/2/2020 n/a 1/6/2024 Ilana Gipple CO - TIPS 6/19/2020 n/a 10/7/2023 Melissa Swedlund CO - TIPS 9/14/2020 n/a 10/7/2023 Emma DeFoe CO - TIPS 10/13/2020 n/a 11/12/2023 Donald Lusk CO - TIPS 12/10/2020 n/a 3/3/2024 Gary Plata CO - TIPS 4/20/2021 n/a 7/7/2024 Max Warner CO - TIPS 4/26/2021 n/a 7/7/2024 Zachary Drown CO - TIPS 8/11/2021 n/a 10/6/2024 Alexis Lynam CO - TIPS 1/24/2022 n/a 3/15/2025 Frank Westphal CO - TIPS 2/7/2022 n/a 2/22/2025 Vaughan Nagy CO - TIPS 2/21/2022 n/a 5/4/2025 Lauren Brueggeman CO - TIPS 2/21/2022 n/a 11/1/2025 Britta Stearns CO - TIPS 3/3/2022 n/a 5/4/2025 Angel Mendoza CO - TIPS 4/5/2022 n/a 8/3/2025 Indiana Wagner CO - TIPS 4/18/2022 n/a 6/17/2025 Serena Jenne CO - TIPS 5/20/2022 n/a 7/6/2025 Gina Cabrera CO - TIPS 6/3/2022 n/a 7/6/2025 Donald Williams CO - TIPS 7/11/2022 n/a 9/21/2025 Micah Ferguson CO - TIPS 7/17/2022 n/a 9/21/2025 Linda Laurens CO - TIPS 7/20/2022 n/a 8/3/2025 Rhonda Sterkel CO - TIPS 7/28/2022 n/a 9/21/2025 Elijah Cook CO - TIPS 12/15/2022 n/a 3/10/2024 Dane Tople CO - TIPS 12/16/2022 n/a 10/18/2024 ANGELICA SILVA CO - TIPS 12/28/2022 n/a 2/2/2025 Christina Lujan CO - TIPS 12/28/2022 n/a 6/13/2025 Jennifer Watkins CO - TIPS 1/9/2023 n/a 1/31/2025 Ming Sherpa CO - TIPS 3/27/2023 n/a 9/21/2025 Vitamin Cottage Natural Food Markets, Inc. dba, Natural Grocers by Vitamin Cottage Home Office ● 12612 West Alameda Parkway ● Lakewood, CO 80228 ● 303.986.4600 ● Fax 303.986.1891 ● www.naturalgrocers.com Colorado Liquor and FMB licenses Vitamin Cottage Natural Food Markets Inc. Alcohol Beverage License: Natural Grocers 1127 Camino Del Rio Durango, CO 81301 03-18283 Current Fermented Malt Beverage license location and license numbers : Natural Grocers 200 F St Salida CO 04-01103 Natural Grocers 2464 US Hwy 6&50 Ste 124 Grand Junction CO 04-01119 Natural Grocers 3451 Rio Grande Ave Montrose CO 04-01108 Natural Grocers 7745 N Wadsworth Blvd Arvada CO 04-01117 Natural Grocers 7298 N Academy Blvd Colorado Springs CO 04-01112 Natural Grocers 335 S Lincoln Ave Steamboat Springs CO 04-01114 Natural Grocers 2685 Pearl St Boulder CO 04-01166 Natural Grocers 127 E Meadows Dr Glenwood Springs CO 04-01113 Natural Grocers 1475 N Main St Longmont CO 04-01127 Natural Grocers 12612 W Alameda Pkwy Lakewood CO 04-01133 Natural Grocers 3333 S Wadsworth Blvd Lakewood CO 04-01135 Natural Grocers 4318 S College Ave Ft. Collins CO 04-01105 Natural Grocers 100 W South Boulder Rd Lafayette CO 04-01150 Natural Grocers 11402 S Parker Rd Parker CO 04-01111 Natural Grocers 970 Ten Mile Dr Frisco CO 04-0159 Natural Grocers 4510 Trail Boss Dr Castle Rock CO 04-01161 Natural Grocers 4500 E Alameda Ave Glendale CO 04-01152 Natural Grocers 11465 N Washington St Northglenn CO 04-01156 Natural Grocers 1291 Bergen Pkwy Evergreen CO 04-01204 Natural Grocers 3440 S Tower Rd Aurora CO 04-01179 Natural Grocers 916 Paradise Lodge Lane Woodland Park CO 04-01149 Natural Grocers 1216 Baptist Rd Monument CO 04-01154 Natural Grocers 755 San Juan St Pagosa Springs CO 04-01222 Natural Grocers 27101 Main St Conifer CO 04-01221 Natural Grocers 6475 S Kipling Parkway Littleton CO 04-01237 Natural Grocers 368 S Broadway Denver CO 04-01122 Natural Grocers 2401 Ford St Golden CO 04-01210 Natural Grocers 1604 Nevada St Colorado Springs CO 04-01242 Natural Grocers 4900 Kipling St Wheat Ridge CO 04-01252 Natural Grocers 9030 W Colfax Ave Lakewood CO 04-01287 Natural Grocers 1265 Sgt Jon Stiles Dr Highlands Ranch CO 04-01281 Natural Grocers 1320 8th Ave Greeley CO 04-01213 Natural Grocers 11753 E Arapahoe Rd Centennial CO 80112 04-01205 Natural Grocers 18471 E Green Valley Ranch Blvd Denver CO 80249 04 -01337 Natural Grocers 121 North 16th Street Canon City CO 81212 04-1649 Natural Grocers 3165 North Central Park Blvd. Denver, CO. 80238 04-01744 Natural Grocers 903 South 8th Ave. Brighton, CO. 80601 04-01788 Vitamin Cottage Natural Food Markets, Inc. dba, Natural Grocers by Vitamin Cottage Home Office ● 12612 West Alameda Parkway ● Lakewood, CO 80228 ● 303.986.4600 ● Fax 303.986.1891 ● www.naturalgrocers.com HEARING PROCEDURES OUTLINE City of Boulder Beverage Licensing Authority Application for License Renewal 1) The Chair will call the meeting item to order, and the Licensing Clerk then reads the matter into record 2) The Chair, after calling the meeting item to order, then makes the following opening comments: This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of Applicant [Business Name]: ___________________________, d/b/a [Trade Name]: _________________________, for a renewal of a [Type of License]: _________________ license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado and the Rules of the Beverage Licensing Authority of the City of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this Authority to make the findings and to reach the conclusions required to be made by state law as to whether or not the license shall be renewed. Interested parties are the Applicant, residents of the neighborhood affected by the license as previously determined by the Authority, and the owners and managers of a business located within the neighborhood. This hearing shall be limited to the question of whether there is good cause not to renew the license, as set form in the notice of hearing, dated: _______________. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address. They shall also be sworn in by the Board Secretary. 3) The Chair, then asks the Authority members if anyone has a conflict of interest for this item or if they have and ex-parte contacts regarding this item that they wish to disclose. If there is a conflict of interest or ex-parte contact for an Authority member disclosed, the City Attorney may inquire as to the details of the disclosure. 4) The Chair, then inquires whether there are: i) interested parties present or persons who will act as witnesses for interested parties (they have standing because they reside in or own or manage a business in the designated neighborhood to provide testimony, submit evidence, or cross examine witnesses), or ii) members of the general public who wish to supply comment (they do not have standing as interested parties because they are not located in the designated neighborhood) 5) The Chair asks the Applicant whether they are ready to proceed. If the Applicant answers in the affirmative, then the Chair inquires whether the Interested Parties are ready to proceed and, if they are not, asks for reasons why the application hearing shall not now proceed. 6) If the Applicant and Interested Parties state that they are ready to proceed, then public comment is taken. Public comment is supplied in 3 minutes per person timed increments. 7) The City Attorney or other representative of the Boulder Police Department, will present evidence gathered by the police department, the Licensing Clerk, or other city agencies relevant to the issues framed in the notice. Witnesses may be cross-examined by members of the Authority, representatives of the Boulder Police Department, Interested Parties, and the Applicant. 8) The Applicant then presents their evidence. The Applicant and the applicant’s witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 9) The Interested Parties may then present their evidence in support of or in opposition to the application. The Interested Party and the interested parties’ witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 10) At the Authority’s discretion, the Applicant may present rebuttal evidence. 11) The Chair then closes the matter for Authority deliberations. After this time, no further evidence or testimony may be taken. 12) A member of the Authority then moves, and a member must then second, to approve or disapprove the application or, for good cause, to continue the matter. Authority discussion on the basis for their upcoming vote to the motion should be undertaken by all members. After discussion, a vote is then taken with all members voting to approve or deny the motion. City of Boulder- Finance Dept. 1136 Alpine Ave Boulder, CO 80302 licensing@bouldercolorado.gov (303) 441-4192 (303) 441-1919 (FAX) July 31, 2023 Sent Via Email to: milton@nopalitosboulder.com And Via Certified Mail, Return Receipt Requested 1805 29th St, Suite 1138 Boulder CO 80301 Attn: Milton Guevara-Navas Re: Nopalitos LLC d/b/a Nopalito’s for a Hotel-Restaurant type liquor license renewal at 2850 Iris Ave, Suite H, Boulder CO 80301 Dear Milton Guevara-Navas: Please allow this letter to serve as written acknowledgement that you are scheduled 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 was timely filed on April 7, 2023. However, our local Rules of Procedure preclude me from approving a license renewal via Summary Approval if there is cause to believe that possession of the liquor license premise has been lost by the licensee. Therefore, this renewal 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 the renewal hearing, include but are not limited to: a. All employees involved in the service of alcohol, including, without limitation, managers, bartenders, and servers, shall attend a state-certified Responsible Vendor alcohol service class within two months from the initial approval of this license. New employees shall take such class within two months of their hire. Re-certification must be undertaken so that they remain current with training. Licensee must explain why city renewal application did not include adequate training information. b. Licensee should be prepared to address the operation of their licensed premise in consideration of applicable State law, including, but not limited to §44-3-302, C.R.S. and BLA Rules of Procedure, Subsection 8-1-9 which states, “Subsection 8-1-9 Grounds for Non-Renewal of License. Objections to renewal of a license must be for good cause. Evidence of good cause to deny a renewal may include, but shall not be limited to, the following: (A) Evidence that the licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Colorado Liquor Code or any related rules and regulations; (B) Evidence that the licensee or applicant has failed to comply with any special terms or conditions that were placed on its license in prior disciplinary proceedings or arose in the context of potential disciplinary proceeding; or (C) City of Boulder- Finance Dept. 1136 Alpine Ave Boulder, CO 80302 licensing@bouldercolorado.gov (303) 441-4192 (303) 441-1919 (FAX) 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. The licensee will then be scheduled and are hereby ordered to participate in a virtual Beverage Licensing Authority hearing on Wednesday August 16, 2023 at 3:00 PM to determine if there is good cause not to renew the annual liquor license. The licensee may have a legal representative attend this hearing with but are not required to do so. You, or an employee, should visit my office on Thursday, August 3, 2023 to pick up a hearing notification poster, such poster should be conspicuously posted on the premises (for instance on the front door or front window glass at the licensed location) at least by Saturday, August 5, 2023 remaining posted for the 10 day plus period until the 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 Tuesday, August 8, 2023 via email to licensingonline@bouldercolorado.gov The State Liquor License Code is available for your review at: Liquor Enforcement Laws, Rules, Regulations | Department of Revenue – Enforcement (colorado.gov) and the city of Boulder Beverages Licensing Authority Rules of Procedures are available at: BLA_Rules_of_Procedure_complete._Jan._21._2020-1-202002060901.pdf (bouldercolorado.gov) 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, Katelyn Kellogg Licensing Specialist Main: (303) 441-3039 kelloggk@bouldercolorado.gov Website: www.bouldercolorado.gov/licensing City of Boulder- Finance Dept. 1136 Alpine Ave Boulder, CO 80302 licensing@bouldercolorado.gov (303) 441-4192 (303) 441-1919 (FAX) CERTIFICATE OF MAILING I hereby certify that on this 3rd day of August 2023, a true and correct copy of the above correspondence was duly mailed by placing same in the U.S. Mail, certification #70122920000031054365, return receipt requested, postage prepaid, addressed to the following. 1805 29th St, Suite 1138 Boulder CO 80301 Attn: Milton Guevara-Navas Katelyn Kellogg Licensing Specialist HEARING PROCEDURES OUTLINE City of Boulder Beverage Licensing Authority Application for a Change of Location of a Liquor License 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 change of location of a [Type of License]: ____________________________license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of C olorado 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 legal 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. HEARING PROCEDURES OUTLINE City of Boulder Beverage Licensing Authority Application to Modify Licensed Premises of a Liquor License 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 request to modify the premises 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 premise may be altered. 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 in the neighborhood under consideration. 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. ADMINISTRATIVE REVIEW NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department: DECISION: APPROVED DATE: June 8, 2023 REQUEST TYPE: Zoning Verification Letter ADDRESS: 1048 PEARL ST 105 APPLICANT: JESSICA BROOKHART, THE HAPA GROUP, INC CASE NUMBER: ADR2023-00040 LEGAL DESCRIPTION: LOT 1A BOULDER & W BOULDER LOT LINE ELIMINATION, City of Boulder, County of Boulder, Colorado DESCRIPTION: Zoning Verification BLA LAND USES The proposed use of The Hapa Group, Inc. Hapa Sushi and Sake located at 1048 Pearl St. Ste 105 has been identified under Section 9-6-1, B.R.C. 1981 to meet the following: Zoning District: DT-5 Proposed Use: Restaurant Discretionary Review(s): LUR2022-00042 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 The Hapa Group, Inc. Hapa Sushi and Sake to utilize the tenant space at 1048 Pearl St. Ste 105 with the following operational characteristics: Indoor Premise: 5,598 s.f. Outdoor Patio: 1,100 s.f. Indoor Seating Capacity: 150 Outdoor Seating Capacity: 72 Hours of Operation: 11:00 a.m. to 10:00 p.m., Sunday-Wednesday; 11:00 a.m. to 12:00 a.m. Thursday-Saturday Hours of Operation for Outdoor Patio: 11:00 a.m. to 10:00 p.m., Sunday-Wednesday; 11:00 a.m. to 12:00 a.m. Thursday-Saturday The applicant shall be responsible for ensuring that the development is compliant with the Written Statement approved June 8, 2023, and final approved plans approved June 8, 2023, 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 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: Adam Olinger, Planning Department 6/8/2023City of Boulder HEARING PROCEDURES OUTLINE City of Boulder Beverage Licensing Authority Application for a New License or a Change in Class 1) The Chair will call the meeting item to order, and the Licensing Clerk then reads the matter into record 2) The Chair, after calling the meeting item to order, then makes the following opening comments: This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of Applicant [Business Name]: ___________________________, d/b/a [Trade Name]: _________________________, for a [Type of License]: ____________________________ license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado and the Rules of the Beverage Licensing Authority of the City of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this Authority to make the findings and to reach the conclusions required to be made by state law as to whether or not the license applied for shall issue. Interested parties are the Applicant, residents of the neighborhood under consideration, and the owners and managers of a business located in the neighborhood under consideration. For purposes of determining who is an interested party at this hearing, the neighborhood under consideration is the neighborhood previously defined by the Authority. The Authority shall make a final determination of the affected neighborhood prior to determining whether the license shall be issued. Any interested party may speak to the question of neighborhood designation, as well as other information relevant to the granting or denial of the application. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address. They shall also be sworn in by the Board Secretary. 3) The Chair, then asks the Authority members if anyone has a conflict of interest for this item or if they have and ex-parte contacts regarding this item that they wish to disclose. If there is a conflict of interest or ex-parte contact for an Authority member disclosed, the City Attorney may inquire as to the details of the disclosure. 4) The Chair, then inquires whether there are: i) interested parties present or persons who will act as witnesses for interested parties (they have standing because they reside in or own or manage a business in the designated neighborhood to provide testimony, submit evidence, or cross examine witnesses), or ii) members of the general public who wish to supply comment (they do not have standing as interested parties because they are not located in the designated neighborhood) 5) The Chair asks the Applicant whether they are ready to proceed. If the Applicant answers in the affirmative, then the Chair inquires whether the Interested Parties are ready to proceed and, if they are not, asks for reasons why the application hearing shall not now proceed. 6) If the Applicant and Interested Parties state that they are ready to proceed, then public comment is taken. Public comment is supplied in 3 minutes per person timed increments. 7) The Applicant then presents their evidence. The Applicant and the applicant’s witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 8) The Interested Parties may then present their evidence in support of or in opposition to the application. The Interested Party and the interested parties’ witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 9) At the Authority’s discretion, the Applicant may present rebuttal evidence. 10) The Chair then closes the matter for Authority deliberations. After this time, no further evidence or testimony may be taken. 11) A member of the Authority then moves, and a member must then second, to approve or disapprove the application or, for good cause, to continue the matter. Authority discussion on the basis for their upcoming vote to the motion should be undertaken by all members. After discussion, a vote is then taken with all members voting to approve or deny the motion. CITY OF BOULDER BEVERAGES LICENSING AUTHORITY PRELIMINARY FINDINGS AND REPORT IN THE MATTER OF THE APPLICATION FROM Bookcliff LLC d/b/a Bookcliff Vineyards 1501 Lee Hill Road, Unit 17, Boulder, CO 80304 RE: Bookcliff Vineyards Proposed Premise Location: 1501 Lee Hill Road, Unit 17, Boulder, CO 80304 FOR A New Vintners Restaurant type liquor license TO THE APPLICANT ABOVE-NAMED AND OTHER INTERESTED PARTIES; GREETINGS: Pursuant to C.R.S. 44-3-312(1) and the below referenced State laws and the City of Boulder Beverage Licensing Authority (BLA) Rules of Procedure, you are hereby advised that with regard to the application for a New Vintners Restaurant type liquor license, an investigation has been made and based on the results thereof the following has been determined: 1. APPLICATION PACKET Responsive to C.R.S. §44-3-311(1) and BLA Rules of Procedure Section 4-3, the applicant, as stated above, submitted an application packet, which was substantially complete, to the City Clerk's Office on May 12, 2023. 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 October 31, 2025. 4. ZONING AND HEALTH DEPARTMENT REGULATIONS COMPLIANCE Responsive to C.R.S. §44-3-313 (1)c and BLA Rules of Procedure, Subsection 5-1-1 (C), selling alcohol in the manner proposed in the application is not in violation of any zoning laws of the City of Boulder and the use is consistent with the location’s permissible planning conditions and zoning district. The applicant must meet all applicable laws, rules and regulations of the City’s Planning Department as to construction and building safety requirements at the premise, and if applicable, the Boulder County Health Department and the State Board of Health for food preparation and service. 5. PROXIMITY TO SCHOOLS Responsive to C.R.S. §44-3-313 (1)d et seq. and BLA Rules of Procedure, Subsection 5-1- 1 (D), the building in which the liquor is to be sold has a local distance waiver enacted or is not located within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary. This requirement is not applicable to applications for Bed and Breakfast Permits. 6. BACKGROUND INFORMATION Responsive to C.R.S. §44-3-307 and BLA Rules of Procedure Subsection 5-1-1 (F), the following criminal history information has been discovered or brought to the attention of the Authority: Applicant (including partners, officers, directors over 10% stockholders): Christopher Allison – Managing Member and Proposed Registered Manager No records found. Jordan Dickard – Managing Member No records found. William K Thompson – Managing Member No records found. Source of information: Individual History Report (IHR), FBI and CBI results. Prior Administration and Operational Characteristics: Christopher Allison has an interest in a Hotel-Restaurant liquor license for Roma West LLC. 7. APPLICANT FINANCIAL INTEREST Responsive to C.R.S. §44-3-308 and BLA Rules of Procedure Subsection 5-1-1 (G), the applicant’s financial interest and associated parties disclosures are to be found in the submitted city of Boulder BLA Financial Statement with attachments, the submitted Colorado Liquor Retail License Application or Colorado Fermented Malt Beverage License Application with attachments, and the submitted Individual History Record with attachments. A copy of each of these mentioned documents should have been retained by the applicant at the time of application and a copy of these mentioned documents will be provided to the BLA for the purposes of local licensing authority deliberations. 9.NEEDS AND DESIRES EVIDENCE Responsive to C.R.S. §44-3-312 (2)(a) and (b) and BLA Rules of Procedure Section 4-1 through Section 4-4, the applicant is reminded that they have the burden of proof to provide to the Authority for consideration sufficient evidence confirming that the adult residents and business owners and managers within the prior established boundaries of Authority designated Neighborhood both need and desire the proposed new liquor license in type, manner and location. 10.PUBLIC HEARING INFORMATION Responsive to C.R.S. §44-3-311 and BLA Rules of Procedure Section 5-1, you are hereby notified that the public hearing on this application will be held on Wednesday, August 16, 2023 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. August 5, 2023 BEVERAGE LICENSING AUTHORITY CITY OF BOULDER, COLORADO ____________________________________ Katelyn Kellogg Licensing Specialist For City Licensing Office May 12, 2023 July 19, 2023 N/A N/A N/A City of Boulder 303-441-3039