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HomeMy WebLinkAbout10.18.23 BLA Packet PUBLIC NOTICE CITY OF BOULDER BEVERAGE LICENSING AUTHORITY HEARING WEDNESDAY, OCTOBER 18, 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 September 20, 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. Show Cause hearing concerning an alleged violation and whether the Hotel-Restaurant type liquor license held by Penko Corporation d/b/a Chicken on the Hill, 1119 13th St, Boulder CO, 80302, should be suspended or revoked. 6. Continued public hearing and consideration of an application filed on March 29, 2023, from Rapha Racing LLC d/b/a Rapha, 1815 Pearl Street, Boulder, CO 80302; Simon Mottram, 100% Owner, and Rene Herrera, Proposed Registered Manager, with a premise business mailing address for a renewal of a Beer and Wine type liquor license. 7. Public hearing and consideration of an application filed on August 14, 2023, from Sanchos Mexican Restaurant II LLC d/b/a Sanchos Mexican Restaurant, 6545 Gunpark Drive, Unit 280, Boulder, CO 80301; Jose Luis Garcia-Rodriquez, 100% Owner, and Erica Arellano, Proposed Registered Manager, with a premise business mailing address for a renewal of a Hotel-Restaurant type liquor license. 8. Public hearing and consideration of an application filed on August 17, 2023, from Dillon Companies LLC d/b/a King Soopers Div No 33, 3600 Table Mesa Dr, Boulder, CO 80305; Kroger Co. as 100% Owner, and with Steven J. Dreher as President, Thomas J. Sullivan as Vice President, Christine R. Wheatley as Director/Vice President/ Secretary, Carin L. Fike as VP and Treasurer, Phillip B. Nelson as Vice President, and with Tony Woodward as Store Manager; with a business mailing address of P.O. Box 305103, Nashville, TN 37230 for a Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premises type liquor license. 9. Public hearing and consideration of an application filed on August 17, 2023, from Dillon Companies LLC d/b/a King Soopers Div No #61, 1650 30th St, Boulder, CO 80301; Kroger Co. as 100% Owner, and with Steven J. Dreher as President, Thomas J. Sullivan as Vice President, Christine R. Wheatley as Director/Vice President/ Secretary, Carin L. Fike as Vice President and Treasurer, Phillip B. Nelson as Vice President, and with Joe Terrazas as Store Manager; with a business mailing address of P.O. Box 305103, Nashville, TN 37230 for a Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premises type liquor license. 10. Continued public hearing and consideration of an application filed on July 6, 2023 from Boulder Broker Inn LLC d/b/a Broker Swim Club / Bottom of the Rocks, 555 30th Avenue, Boulder, CO 80303; Gemma Williams, 100% Owner and Member, and Erik Jacobsen, Proposed Registered Manager with a premise business mailing address for a new Hotel-Restaurant type liquor license. 11. Public hearing and consideration of an application filed on July 17, 2023, from Sherpa Holdings 2015 LLC d/b/a Fuji Restaurant and Bar, 2018 Broadway, Boulder, CO 80302; Pemba D Sherpa, 100% Owner and Registered Manager with a premise business mailing address for a new Hotel-Restaurant type liquor license. 12. Public hearing and consideration of an application filed on August 7, 2023 from Boulder Shack LLC d/b/a Maine Shack, 2010 16th St, Unit 110, Boulder, CO 80302; Howard Andrew Ryan, President; Eric Pirritt, Member; John Caprio, Vice President; and Christiana Ryan, Proposed Registered Manager with a business mailing address of 1535 Central St, Denver, CO 80211 for a new Hotel-Restaurant type liquor license. 13. Matters from the City Attorney 14. Matters from the Licensing Clerk a. Neighborhood boundary setting for applications for November 15, 2023 BLA hearing: i. Safeway Stores 46 Inc d/b/a Safeway Store 2911 for a Permanent Modification of a Fermented Malt Beverage & Wine Retailer Off-Premise type liquor license application at 2798 Arapahoe Ave, Boulder, CO 80302 ii. Safeway Stores 46 Inc d/b/a Safeway Store 2919 for a Permanent Modification of a Fermented Malt Beverage & Wine Retailer Off-Premise type liquor license application at 4800 Baseline Road, Boulder, CO 80303 iii. The Med Restaurant Group LLC d/b/a The Mediterranean for a New Hotel-Restaurant type liquor license application at 1001 Walnut St, Ste 101B, Boulder, CO 80302 b. Expected Administrative Processing of Liquor License Transfer Applications None for October c. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room None for October 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 15. 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, October 4, 2023 Kristen Changaris, Licensing Manager Published on Sunday, October 8, 2023, in the Daily Camera newspaper STATE OF COLORADO ) ) COUNTY OF BOULDER ) SS: CERTIFICATE OF PUBLIC NOTICE ) CITY OF BOULDER ) I, Kristen Changaris, Regulatory License Division 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, October 8, 2023 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, October 8, 2023 Page E07 IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Boulder, Colorado this Wednesday, October 11, 2023 ___________________________________________ Kristen Changaris, Licensing Manager and Secretary to Beverage Licensing Authority BLA 9/20/2023 Minutes DRAFT Page 1 of 8 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * * HEARING MINUTES * * * WEDNESDAY, SEPTEMBER 20, 2023, 3:00 P.M. VIRTUAL HEARING NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: September 20, 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, Matthew 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 at the time of roll call. iii. Approval of Beverage Licensing Authority (BLA) minutes from the August 16, 2023, hearing; Member Carr moved, and Member Absalom, seconded to approve the minutes from the August 16, 2023, hearing. Motion Passed 3:0 with Member Califano abstaining. iv. Hearing agenda issues from Licensing Clerk; Katelyn Kellogg requested that Agenda Item 6 through Agenda Item 11 be read into the record at the same time and heard at the same time. The Chair agreed. 2. Matters from the Boulder Police Department (BPD). Officer Rich Denig gave an update to the Authority regarding businesses on the hill staying BLA 9/20/2023 Minutes DRAFT Page 2 of 8 open later than their allowed zoning. 3. Matters from the Responsible Association of Retailers (RAR). Nathan Dewey reported to the Authority that trainings are at capacity and he is working on continued educational resources for patrons and employees of the restaurant and alcohol industry. 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 29, 2023, from Rapha Racing LLC d/b/a Rapha, 1815 Pearl Street, Boulder, CO 80302; Simon Mottram, 100% Owner with a premise business mailing address for a renewal of a Beer and Wine type liquor license. Rene Herra, Proposed Registered Manager appeared for this matter. Mr. Herra was sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Chair Califano read the procedures into the record. Mr. Pellicori gave testimony regarding the late filed renewal. The Board asked questions of the applicant regarding training and daily operations. Member Absalom moved, Member Califano seconded, to continue renewal hearing to the October 20, 2023 hearing and the applicant should submit a manager registration, vendor training and responsible alcohol policy. Motion passed 4:0. 6. Public hearing and consideration of an application filed on June 28, 2023, from Circle K Stores Inc d/b/a Circle K Store #2709851, 1480 Canyon Blvd, Boulder CO 80302; Kathleen Cunnington, President, Vice President, Secretary and Treasurer; Dennis Tewell, Senior Vice President; Darrel Davis, Senior Vice President and Director; Kim Kwiatkowski, Assistant Secretary; Mark Tate, Vice President and Monica Huron, Assistant Secretary with a business mailing address of P.O. Box 690007, San Antonio, TX 78269, for a Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premises type liquor license. Agenda Items 6 through Agenda Item 11 were read into the record. Kevin Coats, attorney for the licensee appeared for this matter along with Craig Holmes, representative for Circle K Stores and Eva Garretson, representative from Liquor Pros. Mr. Holmes and Ms. Garretson were sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Mr. Stapen waived the reading of procedures. BLA 9/20/2023 Minutes DRAFT Page 3 of 8 Ms. Garretson gave testimony regarding the petitioning report. Mr. Holmes gave testimony regarding the operations of the business. Member Carr moved, Member Roberts seconded, to approve the Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premise type liquor license. Motion passed 4:0. 7. Public hearing and consideration of an application filed on June 28, 2023, from Circle K Stores Inc d/b/a Circle K Store #2709861, 2877 Baseline Rd, Boulder, CO 80303; Kathleen Cunnington, President, Vice President, Secretary and Treasurer; Dennis Tewell, Senior Vice President; Darrel Davis, Senior Vice President and Director; Kim Kwiatkowski, Assistant Secretary; Mark Tate, Vice President and Monica Huron, Assistant Secretary with a business mailing address of P.O. Box 690007, San Antonio, TX 78269, for a Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premises type liquor license. Agenda Items 6 through Agenda Item 11 were read into the record. Kevin Coats, attorney for the licensee appeared for this matter along with Craig Holmes, representative for Circle K Stores and Eva Garretson, representative from Liquor Pros. Mr. Holmes and Ms. Garretson were sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Mr. Stapen waived the reading of procedures. Ms. Garretson gave testimony regarding the petitioning report. Mr. Holmes gave testimony regarding the operations of the business. Member Califano moved, Member Absalom seconded, to approve the Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premise type liquor license. Motion passed 4:0. 8. Public hearing and consideration of an application filed on June 28, 2023, from Circle K Stores Inc d/b/a Circle K Store #2709865, 3040 Broadway St., Boulder, CO 80304; Kathleen Cunnington, President, Vice President, Secretary and Treasurer; Dennis Tewell, Senior Vice President; Darrel Davis, Senior Vice President and Director; Kim Kwiatkowski, Assistant Secretary; Mark Tate, Vice President and Monica Huron, Assistant Secretary with a business mailing address of P.O. Box 690007, San Antonio, TX 78269, for a Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premises type liquor license. Agenda Items 6 through Agenda Item 11 were read into the record. Kevin Coats, attorney for the licensee appeared for this matter along with Craig Holmes, BLA 9/20/2023 Minutes DRAFT Page 4 of 8 representative for Circle K Stores and Eva Garretson, representative from Liquor Pros. Mr. Holmes and Ms. Garretson were sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Mr. Stapen waived the reading of procedures. Ms. Garretson gave testimony regarding the petitioning report. Mr. Holmes gave testimony regarding the operations of the business. Member Roberts moved, Member Absalom seconded, to approve the Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premise type liquor license. Motion passed 4:0. 9. Public hearing and consideration of an application filed on June 28, 2023, from Circle K Stores Inc d/b/a Circle K Store #2709866, 3185 28th St., Boulder, CO 80301; Kathleen Cunnington, President, Vice President, Secretary and Treasurer; Dennis Tewell, Senior Vice President; Darrel Davis, Senior Vice President and Director; Kim Kwiatkowski, Assistant Secretary; Mark Tate, Vice President and Monica Huron, Assistant Secretary with a business mailing address of P.O. Box 690007, San Antonio, TX 78269, for a Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off- Premises type liquor license. Agenda Items 6 through Agenda Item 11 were read into the record. Kevin Coats, attorney for the licensee appeared for this matter along with Craig Holmes, representative for Circle K Stores and Eva Garretson, representative from Liquor Pros. Mr. Holmes and Ms. Garretson were sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Mr. Stapen waived the reading of procedures. Ms. Garretson gave testimony regarding the petitioning report. Mr. Holmes gave testimony regarding the operations of the business. Member Carr moved, Member Califano seconded, to approve the Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premise type liquor license. Motion passed 4:0. 10. Public hearing and consideration of an application filed on June 28, 2023, from CST Metro LLC d/b/a Circle K Store #2741110, 2995 30th St, Boulder, CO 80301; CST Diamond Holdings, LLC, 100% Owner; Darrel Davis, President and Senior Vice President BLA 9/20/2023 Minutes DRAFT Page 5 of 8 Operations; Mark Tate, Vice President Operations-Rocky Mountain; Brian Bednarz, Vice President Operations-Gulf; Kathy Cunnington, Treasurer and Senior Vice President-Global Shared Services; Evan Smith, Vice President; Giovanna Rudea, Corporate Secretary; Kim Andrews, Assistant Secretary-Rocky Mountain; Randy Horne, Assistant Secretary-Gulf; Kim Kwiatkowski, Assistant Secretary with a business mailing address of P.O. Box 690007, San Antonio, TX 78269, for a Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premises type liquor license. Agenda Items 6 through Agenda Item 11 were read into the record. Kevin Coats, attorney for the licensee appeared for this matter along with Craig Holmes, representative for Circle K Stores and Eva Garretson, representative from Liquor Pros. Mr. Holmes and Ms. Garretson were sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Mr. Stapen waived the reading of procedures. Ms. Garretson gave testimony regarding the petitioning report. Mr. Holmes gave testimony regarding the operations of the business. Member Carr moved, Member Califano seconded, to approve the Permanent Modification of a Fermented 11. Public hearing and consideration of an application filed on June 28, 2023, from CST Metro LLC d/b/a Circle K Store #2744057, 1844 Folsom St, Boulder, CO 80302; CST Diamond Holdings, LLC, 100% Owner; Darrel Davis, President and Senior Vice President Operations; Mark Tate, Vice President Operations-Rocky Mountain; Brian Bednarz, Vice President Operations-Gulf; Kathy Cunnington, Treasurer and Senior Vice President-Global Shared Services; Evan Smith, Vice President; Giovanna Rudea, Corporate Secretary; Kim Andrews, Assistant Secretary-Rocky Mountain; Randy Horne, Assistant Secretary-Gulf; Kim Kwiatkowski, Assistant Secretary with a business mailing address of P.O. Box 690007, San Antonio, TX 78269, for a Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premises type liquor license Agenda Items 6 through Agenda Item 11 were read into the record. Kevin Coats, attorney for the licensee appeared for this matter along with Craig Holmes, representative for Circle K Stores and Eva Garretson, representative from Liquor Pros. Mr. Holmes and Ms. Garretson were sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Mr. Stapen waived the reading of procedures. Ms. Garretson gave testimony regarding the petitioning report. Mr. Holmes gave testimony regarding the operations of the business. BLA 9/20/2023 Minutes DRAFT Page 6 of 8 Member Carr moved, Member Roberts seconded, to approve the Permanent Modification of a Fermented 12. Public hearing and consideration of an application filed on July 6, 2023 from Boulder Broker Inn LLC d/b/a Broker Swim Club / Bottom of the Rocks, 555 30th Avenue, Boulder, CO 80303; Genna Williams, 100% Owner and Member, and Erik Jacobsen, Proposed Registered Manager with a premise business mailing address for a new Hotel-Restaurant type liquor license. Rebecca Spence, attorney for the licensee appeared for this matter along with Gemma Williams, Owner, Greg Topel, consultant for Licensee and Erin Mcullough, representative from Oedipus Petitioning. All parties were sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Ms. Spence waived the reading of procedures. Ms. Mccullough gave testimony regarding the petitioning report. Ms. Williams and Mr. Topel gave testimony regarding the operations of the business. City staff requested a 5 minute recess. The meeting was adjourned at 4:50PM and reconvened at 4:55PM. The Board and city licensing asked clarifying questions regarding the relationship between the business and Mr. Topel. Member Absalom moved, Member Califano seconded, to continue this application for a New Hotel-Restaurant type liquor license to the October 20, 2023 hearing. 13. Matters from City Attorney No matters were discussed. 14. Matters from the Licensing Clerk a. Neighborhood boundary setting for applications for April 19, 2023, BLA hearing: i. Dillon Companies LLC d/b/a King Soopers 33 for a Permanent Modification of a Fermented Malt Beverage & Wine Retailer Off-Premise type liquor license application at 3600 Table Mesa Dr, Boulder, CO 80305 Member Califano moved, Member Absalom seconded to set the boundaries for this application as follows: North: Dartmouth to Broadway to Hwy 36. South: City Limits. East: Hwy 36 to Moorhead Circle Extended. West: City Limits. BLA 9/20/2023 Minutes DRAFT Page 7 of 8 ii. Dillion Companies LLC d/b/a King Soopers 61 for a Permanent Modification of a Fermented Malt Beverage & Wine Retailer Off-Premise type liquor license application at 1650 30th Street, Boulder, CO 80301 Member Califano moved, Member Carr seconded to set the boundaries for this application as follows: North: Valmont. South: Baseline. East: 55th St. West: Folsom. iii. Sherpa Holdings 2015 LLC d/b/a Fuji Restaurant and Bar for a New Hotel- Restaurant type liquor license application at 2018 Broadway, Boulder, CO 80302 Member Carr moved, Member Absalom seconded to set the boundaries for this application as follows: North: Maxwell Extended. South: Arapahoe. East: 20th St. West: 8th St. iv. Boulder Shack LLC d/b/a Maine Shack for a New Hotel-Restaurant type liquor license application at 1601 Pearl St, Ste 110, Boulder, CO 80302 Member Carr moved, Member Absalom seconded to set the boundaries for this application as follows: North: Elder Ave. South: Pennsylvania Ave. East: 26th St. West: 6th St. b. Expected Administrative Processing of Liquor License Transfer Applications: None for September c. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room: None for September 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 15. Matters from the Chair and Members of the Authority Member Carr let the Board know that he will likely not be able to attend the October meeting. Member Roberts inquired about Board recruitment. ADJOURNMENT Member Califano moved, Member Absalom seconded that this hearing should be adjourned, and thus, the hearing was adjourned at 5:52 PM. Motion to adjourn approved 3:0. BLA 9/20/2023 Minutes DRAFT Page 8 of 8 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 Suspension or Revocation Hearing without Stipulation 1) The Chair will call the meeting item to order, and the Licensing Clerk then reads the matter into record 2) The Chair, after calling the meeting item to order, then makes the following opening comments: This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the license of [Business Name]: ___________________________, d/b/a [Trade Name]: _________________________, with a [Type of License]: _________________ license shall be suspended or revoked on the basis of the violations alleged in the Order to Show Cause served upon the licensee and requiring the licensee’s present here today. Because this is a disciplinary proceeding, the Authority shall not ask for or allow comment from members of the general public on the guilt of the licensee or the appropriate discipline to be imposed. The purpose of this hearing is to receive testimony presented by the City and by the licensee in order to enable this Authority to make findings and to determine by a preponderance of the evidence whether or not the licensee has violated the various laws as alleged. If, in the course of the haring, testimony or other evidence establishes the guilt of the licensee of a violation of some other law, rule, or regulation than those stated in the notice, the licensee shall be afforded a reasonable continuance upon any offer that evidence in defense, explanation, and mitigation is not then available to the licensee, but can be obtained within the period of a continuance not to exceed ten days. A record is being made of these proceedings. All testimony shall be given under oath. The rules of evidence and requirement of proof and procedure shall confirm to the extent practicable to those in civil non-jury cases, but when necessary to ascertain facts affecting the substantial rights of the public or of the licensee, the Authority may receive and consider evidence not admissible under such rules if such evidence possess probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. The rules of privilege required by law shall be respected in this proceeding, and the Chair may exclude incompetent and unduly repetitious evidence. The Chair shall rule upon all questions of evidence cand procedure, subject to being overruled on motion sustained by a majority vote of those members of the Authority present. Should a licensee wish to request a fine in lieu of active suspension days, they should notify the Authority of this after a penalty is determined, if any, but before suspension posting is discussed, and the licensee should be prepared to supply an estimated per day suspension dollar amount for the Authority’s deliberations. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address. They shall also be sworn in by the Board Secretary. 3) The Chair, then asks the Authority members if anyone has a conflict of interest for this item or if they have and ex-parte contacts regarding this item that they wish to disclose. If there is a conflict of interest or ex-parte contact for an Authority member disclosed, the City Attorney may inquire as to the details of the disclosure. 4) The following is an outline of the way in which contested hearings shall generally proceed: (a) OPENING STATEMENTS: The representative of the City shall be given the opportunity to make a brief statement if the Order to Shaw Cause and its supporting documentation requires supplementation. The licensee or its representative shall be afforded the opportunity to make an opening statement at that point or may reserve such statement until the licensee is ready to present its evidence. (b) CITY EVIDENCE: The representative of the City shall then call the witnesses and introduce the evidence which constitutes the City’s case in support of the Order to Shaw Cause. The representative of the City shall examine each witness, a representative of the licensee shall be given the opportunity to cross examine the witness, and then members of the Authority shall be afforded the opportunity to ask questions of the witness. The licensee’s representative shall then be afforded the same opportunity. (c) LICENSEE EVIDENCE. After the representative of the City is done presenting evidence, the licensee shall have the opportunity to make any reserved opening statement and to present evidence bearing upon the charges alleged in the Order to Shaw Cause and on any additional violations not therein mention raised by the testimony. The same procedure of examining witnesses shall be followed as for the City’s witnesses, with the order reserved. When the licensee is through presenting evidence, the City’s representative shall be offered the opportunity to present evidence in rebuttal. (d) CLOSING STATEMENTS. The representative of the City shall then give a closing statement stating the specific violations which the Authority is requested to find were committed by the licensee, and drawing the Authority’s attention to such of the evidence of those violations as many seem useful. Members of the Authority shall then be given the opportunity to request that the licensee address any additional violations raised by the evidence but not contained in the Order to Show Cause which the City’s representative has not called to the attention of the Authority in closing arguments. The licensee’s representative shall then given such closing argument as may seem necessary, and shall sue this opportunity to make any offer of proof and request a continuance, if such is desired, with respect to any uncharged violations raised by the testimony. 5) The Chair shall then close the hearing for deliberations. The Authority may then recess to confer briefly with its legal counsel. Then the Authority shall deliberate in public the resolution of the matter before it. An Authority member shall move, and a member shall also second, each motion for each specific violation alleged and raised by the evidence. Authority discussion should be held for the basis of the upcoming vote by each member. A vote shall then be taken on each specific violation alleged or raised by the evidence. 6) If the licensee is found to have violated one or more laws, rules, or regulations, the Authority shall then afford the licensee the opportunity to present evidence in mitigation and to make argument in the course of the hearing. The City’s representative shall then be afforded the opportunity to present any additional evidence in aggravation, and to make a recommendation as to the discipline to be imposed. After the Authority has discussed the matter of the appropriate disciplinary action, the Chair shall poll each member of the Authority for their preferred level of discipline, and shall thereafter first recognize for the purpose of making a motion setting the discipline that member whose views are the most severe but still appear likely to receive three positive votes. An Authority member shall move, and a member must second, the motion to set the penalty. At this time, the licensee should raise the Authority’s acceptance of a fine in lieu of suspension. 7) If the Authority votes to order that the license be suspended, then the Chair shall state that unless there is an objection from the member of the Authority, the order of suspension shall include a requirement that the licensee post two conspicuous notices specified in the Department of Revenue Liquor Regulations 47-600(f). 8) The Chair will then announce that the hearing of the Order to Show Cause is concluded, and that the next item in the agenda should be called. BEVERAGE LICENSING AUTHORITY, CITY OF BOULDER, COLORADO IN THE MATTER OF THE HOTEL AND RESTAURANT LICENSE FOR PENKO CORPORATION D/B/A CHICKEN ON THE HILL, 1119 13TH STREET, BOULDER CO 80302 NOTICE OF HEARING AND ORDER TO SHOW CAUSE _____________________________________________________________________________ To Licensee: YOU ARE HEREBY ORDERED to attend a virtual Beverage Licensing Authority (the Authority) hearing via video appearance at 3 p.m. on Wednesday, October 18, 2023, to show cause why the above-referenced Hotel and Restaurant liquor license should not be suspended or revoked, for the following violations: On May 17, 2023, Duong Lu, owner of Penko Corporation d/b/a Chicken on the Hill, attended a hearing with the City of Boulder Beverage Licensing Authority (“BLA”) to determine whether the Hotel and Restaurant liquor license should be renewed. The BLA decided to renew the license with the condition that the licensee obtain approval from the City of Boulder Sales Tax Division, and the licensee agreed to this condition at the hearing. However, as of the date of this notice, the licensee has not obtained approval from Sales Tax and has not complied with the license condition. You should be prepared at the above-stated time and place to cross-examine any witnesses who appear against you and to present such evidence as you desire in defense, explanation, and mitigation. The City’s penalty schedule is enclosed. If you are found responsible for the violation, you will have an opportunity to provide mitigating evidence during the sentencing portion of the hearing. For a suspension less than the table value found in the penalty schedule, please focus your efforts on providing evidence of mitigating factors identified on the second page of the penalty schedule. This notice is issued pursuant to C.R.S. § 44-3-601, and Section 10-2-2 of the City of Boulder Licensing Authority Rules of Procedure. Please be advised, that in the event the Authority determines that the facts alleged in this notice are sufficient to impose a suspension of your license, the Authority will select the specific days to be served for any imposed suspension. Please be further advised that any imposed suspension period falls within a 30-day time period from the date of the hearing; 2) the suspension days are consecutive business days; and 3) that the suspension days are days that your business would ordinarily and otherwise be open. Once a suspension period is set and approved by the Authority, it will generally not be modified unless as directed by written order by the licensing clerk or Authority. ___________ SECRETARY OF THE AUTHORITY CERTIFICATE OF MAILING I hereby certify that on the 28th day of August 2023, a true and correct copy of the above and foregoing Notice of Hearing and Order to Show Cause was duly mailed by placing same in the U.S. Mail, certification no. 70122920000031054716, return receipt requested, postage prepaid, addressed to the following: Penko Corporation d/b/a Chicken on the Hill 1119 13th Street Boulder, CO 80302 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. 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. OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I,-HQD *ULVZROG, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, is a formed or registered on under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number . This certificate reflects facts established or disclosed by documents delivered to this office on paper through that have been posted, and by documents delivered to this office electronically through @. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on @ in accordance with applicable law. This certificate is assigned Confirmation Number . *********************************************End of Certificate******************************************* Notice A certificate issued electronically from the Colorado Secretary of State’s Zebsite is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the 9DOLGDWH D Certificate page of the Secretary of State’s Zebsite, httpV //www.FRORUDGRVRVJRY/biz/CertificateSearchCriteria.do entering the certificate’s confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Zebsite, httpV //www.FRORUDGRVRVJRY click “Businesses, trademarks, trade names” and select “Frequently Asked Questions.” sanchos mexican Restaurant II llc Limited Liability Company 20171112915 07/17/2023 07/18/2023 13:27:48 07/18/2023 13:27:48 15155288 02/09/2017 1 sas-llc@outlook.com From:jbtipscolorado.com <jb@tipscolorado.com> Sent:Friday, August 11, 2023 12:07 AM To:Phoenix-Brian Priester Cc:Rosa Sanchez; Valador-Eduardo Rodgriguez Subject:Re: TIPS Training... Sancho's Mexican Restaurant This letter is to verify that Eduardo Garcia Rodriguez & Erika Arellano participated & completed a TIPS ON‐Premise  course on 8/9/23 with myself as instructor. Results are pending and will be provided after normal processing time of  about 3 weeks.  If you have any questions or concerns, please feel free to contact me at anytime.  Thanks!  JB  B Jonathan Balliet Certified TIPS Master Trainer "TIPS Participants & Train the Trainer” JB@TIPSCOLORADO.COM 303-210-1351 Visit: TIPSCOLORADO.COM Visit: trainallHOSPITALITY.COM CONFIDENTIALITY NOTICE: This email and/or its attachments is a privileged and/or confidential communication and is intended only for the use of the above-named individual(s) or entity(ies). If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this email or the attached information is strictly prohibited. If you have received this transmission in error, please discard the information immediately. 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. Brenda J. Rowe, Paralegal browe@dillanddill.com 303-579-2214 [working remotely] August 17, 2023 VIA UPLOAD Boulder Tax & Licensing 1136 Alpine; Boulder CO 80304 RE: Dillon Companies LLC dba King Soopers Div No 33; 3600 Table Mesa Dr; Boulder CO 80303 Permanent Modification – FMB & Wine Liquor License #01-10779-0044 Dear Boulder Tax & Licensing: On behalf of our client, we for a permanent modification for this FMB & Wine liquor licensee. The attorney in our office representing this licensee is Adam Stapen. The $150.00 state modification fee has been paid. The $100.00 city modification fee will be paid through the portal when directed to do so. After your review, please advise of any questions and/or deficiencies. Please direct all questions and correspondence regarding this filing to my attention. Thank you. Respectfully, Brenda J. Rowe Brenda J. Rowe, Paralegal /bjr Enclosures: Zoning/Planning Confirmation Permit Application & Report of Changes [DR8442] Landlord Authorization Before Floor Plan, After Floor Plan State Receipt $150.00 Fee UCIVIL LITIGATION UCRIMINAL LAW ULIQUOR LICENSING UPROBATE ?303.777.3737 f: 303.777.3823 O455 SHERMAN ST. SUITE 300, DENVER, CO 80203 ODILLANDDILL.COM ADMINISTRATIVE REVIEW NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department: DECISION: APPROVED DATE: August 10, 2023 REQUEST TYPE: Zoning Verification Letter ADDRESS: 3600 TABLE MESA DR APPLICANT: BRENDA ROWE, DILL DILL CARR STONBRAKER & HUTCHINGS PC CASE NUMBER: ADR2023-00119 LEGAL DESCRIPTION: OUTLOT F LESS .6 AC M/L IN SW COR TABLE MESA ADDN KING-SOOPERS ID 12034 COMB HERE PER OWNER 02/28/95, DESCRIPTION: Zoning Verification for BLA LAND USES The proposed use of Dillon Companies LLC located at 3600 Table Mesa Dr has been identified under Section 9-6-1, B.R.C. 1981 to meet the following: Zoning District: BC-2 Proposed Use: Retail Sales Discretionary Review(s): SI-97-17 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 Garage Sale Vintage; Granite Building Bar, LLC to utilize the space at 1701 Pearl St with the following operational characteristics: Indoor Premise: 57,543 s.f. Outdoor Patio: N/A Indoor Seating Capacity: N/A Outdoor Seating Capacity: N/A Hours of Operation: 6:00 a.m. – 11:00 p.m. Seven days a week Hours of Operation for Outdoor Patio: 6:00 a.m. – 11:00 p.m. Seven days a week The applicant shall be responsible for ensuring that the development is compliant with the Written Statement approved August 10, 2023, and final approved plans approved August 10, 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 Brenda J. Rowe, Paralegal browe@dillanddill.com 303-579-2214 [working remotely] August 17, 2023 VIA UPLOAD Boulder Tax & Licensing 1136 Alpine; Boulder CO 80304 RE: Dillon Companies LLC dba King Soopers Divn #61; 1650 30 th St; Boulder CO 80301 Permanent Modification – FMB & Wine Liquor License #01-10779-0020 Dear Boulder Tax & Licensing: On behalf of our client, we for a permanent modification for this FMB & Wine liquor licensee. The attorney in our office representing this licensee is Adam Stapen. The $150.00 state modification fee has been paid. The $100.00 city modification fee will be paid through the portal when directed to do so. After your review, please advise of any questions and/or deficiencies. Please direct all questions and correspondence regarding this filing to my attention. Thank you. Respectfully, Brenda J. Rowe Brenda J. Rowe, Paralegal /bjr Enclosures: Zoning/Planning Confirmation Permit Application & Report of Changes [DR8442] Landlord Authorization Before Floor Plan, After Floor Plan State Receipt $150.00 Fee UCIVIL LITIGATION UCRIMINAL LAW ULIQUOR LICENSING UPROBATE ?303.777.3737 f: 303.777.3823 O455 SHERMAN ST. SUITE 300, DENVER, CO 80203 ODILLANDDILL.COM HEARING PROCEDURES OUTLINE City of Boulder Beverage Licensing Authority Application for a New License or a Change in Class 1) The Chair will call the meeting item to order, and the Licensing Clerk then reads the matter into record 2) The Chair, after calling the meeting item to order, then makes the following opening comments: This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of Applicant [Business Name]: ___________________________, d/b/a [Trade Name]: _________________________, for a [Type of License]: ____________________________ license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado and the Rules of the Beverage Licensing Authority of the City of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this Authority to make the findings and to reach the conclusions required to be made by state law as to whether or not the license applied for shall issue. Interested parties are the Applicant, residents of the neighborhood under consideration, and the owners and managers of a business located in the neighborhood under consideration. For purposes of determining who is an interested party at this hearing, the neighborhood under consideration is the neighborhood previously defined by the Authority. The Authority shall make a final determination of the affected neighborhood prior to determining whether the license shall be issued. Any interested party may speak to the question of neighborhood designation, as well as other information relevant to the granting or denial of the application. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address. They shall also be sworn in by the Board Secretary. 3) The Chair, then asks the Authority members if anyone has a conflict of interest for this item or if they have and ex-parte contacts regarding this item that they wish to disclose. If there is a conflict of interest or ex-parte contact for an Authority member disclosed, the City Attorney may inquire as to the details of the disclosure. 4) The Chair, then inquires whether there are: i) interested parties present or persons who will act as witnesses for interested parties (they have standing because they reside in or own or manage a business in the designated neighborhood to provide testimony, submit evidence, or cross examine witnesses), or ii) members of the general public who wish to supply comment (they do not have standing as interested parties because they are not located in the designated neighborhood) 5) The Chair asks the Applicant whether they are ready to proceed. If the Applicant answers in the affirmative, then the Chair inquires whether the Interested Parties are ready to proceed and, if they are not, asks for reasons why the application hearing shall not now proceed. 6) If the Applicant and Interested Parties state that they are ready to proceed, then public comment is taken. Public comment is supplied in 3 minutes per person timed increments. 7) The Applicant then presents their evidence. The Applicant and the applicant’s witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 8) The Interested Parties may then present their evidence in support of or in opposition to the application. The Interested Party and the interested parties’ witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 9) At the Authority’s discretion, the Applicant may present rebuttal evidence. 10) The Chair then closes the matter for Authority deliberations. After this time, no further evidence or testimony may be taken. 11) A member of the Authority then moves, and a member must then second, to approve or disapprove the application or, for good cause, to continue the matter. Authority discussion on the basis for their upcoming vote to the motion should be undertaken by all members. After discussion, a vote is then taken with all members voting to approve or deny the motion. ADMINISTRATIVE REVIEW NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department: DECISION: APPROVED DATE: June 29, 2023 REQUEST TYPE: Zoning Verification Letter ADDRESS: 555 30TH ST APPLICANT: GREG T, BOULDER BROKER INN LLC KELLEY KEISLING, MESSNER REEVES LLP KELLEY KIESLING, MESSNER REEVES LLP CASE NUMBER: ADR2023-00069 LEGAL DESCRIPTION:FR0067172236.46 FT X 155 FT TO MCDONALDS CORPORATION PERDEED 2055539 & 2055540 6/23/00, DESCRIPTION: Zoning Verification for BLA LAND USES The proposed use of Boulder Broker Inn LLC located at 555 30th St. has been identified under Section 9-6-1, B.R.C. 1981 to meet the following: Zoning District: BC-2 Proposed Use: Hotel with Accessory Restaurant Discretionary Review(s): Williams Village PUD 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 Boulder Broker Inn LLC to utilize the space at 555 30th St. with the following operational characteristics: Indoor Premise: 78,134 s.f. Outdoor Patio: 5,084 s.f. Indoor Seating Capacity: 140 Outdoor Seating Capacity: 80 Hours of Operation: 10:00 a.m. – 12:00 a.m. Sunday-Thursday; 10:00a.m. – 2:00 a.m. Friday-Saturday Hours of Operation for Outdoor Patio: 10:00 a.m. – 12:00 a.m. Sunday-Thursday; 10:00a.m. – 2:00 a.m. Friday-Saturday Boulder Broke Inn LLC, d/b/a Broker Swim Club/Bottom of the Rocks 555 30th Street, Boulder CO 80303 Hotel and Restaurant Liquor License PETITION SURVEYS Liquor Licensing Marijuana Licensing September 8, 2023 Liquor Licensing Authority Boulder, Colorado Re: Petition/Opinion Poll to Determine Needs and Desires of the Defined Neighborhood in the Application of: Boulder Broker Inn LLC, d/b/a Broker Swim Club/Bottom of the Rocks 555 30th Street, Boulder CO, 80303 Hotel and Restaurant Liquor License PETITION/OPINION POLL PROCEDURE 1. Under the direction and control of Oedipus Petitioning LLC management, the Oedipus Petitioning LLC contractors were briefed on the application. 2. The contractors carried a clipboard with the following: A. Petition Warning Pages for petition signature pages; B. Maps of the area denoting the proposed location of the license and the boundaries of the defined neighborhood; C. Petition signature pages allowing individuals contacted to indicate their opinion; and D. A statistics sheet to record the opinion of those not signing and not-at-homes. 3. Business and residential petitioning was conducted on September 1 st and 7th, 2023 within the designated area prescribed by the City of Boulder (see maps). The circulation packets have cover maps, and the areas in which each petition circulation/polling took place are outlined in highlighter. Included in this Report is a master circulation map outlining all areas where circulation/polling was conducted. 4. Individuals who were available in areas not posted as “No Soliciting, Private Property/No Trespassing” were contacted on a random sampling basis, were screened to identify them as parties in interest, and were asked their opinion after they had been informed of the applicant, site location, and type of license being applied for. Their opinion was either recorded on the petition format or on the statistics sheet. 5. Two (2) petition packets (one packet representing businesses and one packet representing residences) were pre-filed electronically and mailed with this Report on September 8, 2023, to Kristen Changaris, Licensing Manager, to comply with the pre-filing deadline. Liquor Licensing Authority Page 3 Re: The Academy Mapleton Hill — Hotel and Restaurant Liquor License September 8, 2023 PETITION/OPINION POLL RESULTS 1. Total Doorknocks: Not-at-Homes and/or Business Owners/Managers Not Available 167 Not Qualified to Sign 16 Neutral to Outcome 3 Preferred to Not Participate 26 Parties in Interest that Participated 138 Deleted Signatures 0 Total Base Figure 360 2. Qualified Contacts: A. Signatures Signatures Favoring Issuance 136 Businesses 69 Residences 67 Signatures Opposing Issuance 2 Businesses 1 Residences 1 Total Contacts 138 B. Breakdown of Reasons of Signatures in Opposition: Not Needed or Desired 0 Abhorrence of Alcohol 0 Religious Objections 0 Usage Objections 1 Miscellaneous Reasons 0 No Reason Given 1 Total Signatures 2 C. Breakdown of Signatures Favoring and Opposing: Favoring Issuance (Based on Needs/Desires) 136 = 98.56% Liquor Licensing Authority Page 4 Re: The Academy Mapleton Hill — Hotel and Restaurant Liquor License September 8, 2023 Opposing Issuance (Based on Needs/Desires) 0 = 0.00% Abhorrence of Alcohol 0 = 0.00% Religious Objections 0 = 0.00% Usage Objections 1 = 0.72% Other Miscellaneous Reasons 0 = 0.00% No Reason Given 1 = 0.72% Total Base Figure 138 = 100.00% 3. Needs and Desires Signatures: Signatures Favoring Issuance (Based on Needs/Desires) 136 = 100.00% Signatures Opposing Issuance (Based on Needs/Desires) 0 = 0.00% Total Base Figure 136 = 100.00% The petition packets are presented as follows: Cover maps, petitions, and affidavit. #1 & #2 / Erin McCullough / Businesses & Residences Liquor Licensing Authority Page 5 Re: The Academy Mapleton Hill — Hotel and Restaurant Liquor License September 8, 2023 CATEGORIES OF SIGNATURES IN OPPOSITION NN NEEDS & DESIRES CRITERIA: Individuals opposed to the license application based on needs and desires criteria per the Colorado Liquor/Beer Codes (currently existing licensed establishments of a same or similar type of license now located within the defined neighborhood are meeting the reasonable requirements of the adult inhabitants of the defined neighborhood at this time). N/A NON-USAGE OF ALCOHOL / ABHORRENCE OF ALCOHOL: Individuals opposed to the license application because they do not drink alcohol beverages, do not approve of alcohol consumption, and/or abhor alcohol. RO RELIGIOUS OBJECTIONS: Individuals opposed to the license application based on religious beliefs/reasons. OBJ USAGE OBJECTIONS: Individuals opposed to the license application because of their fear or concern for the potential of parking problems, traffic problems, crime, noise, littering, undesirable people drawn to the area, loss of property value; or individuals who opposed this type of business or applicant, any type of commercial usage in the neighborhood, any new growth in the neighborhood; or, individuals who think this type of business (if issued a liquor/beer license) should not be located near a residential neighborhood, church, or school, etc.; or, individuals who opposed because they are against any alcohol service at this type of facility, location, or atmosphere; or, individuals who favor the service of beer and wine but oppose the service of distilled spirits (on H&R applications). MS MISCELLANEOUS OBJECTIONS: Individuals opposed to the license application for other miscellaneous reasons to include: fear or concern for the possibility of drunk drivers in the area, fear or concern of resulting behavioral problems, individuals who would purchase alcohol beverages then drink and drive, sales to minors/underaged drinking, the location becoming a teen hang-out and the problems that can arise from this, and the effect it could have on family values or their family in general because they have young children or teens; or, individuals who opposed because competition is not desired or how said business may affect the livelihood of existing businesses; or, individuals who compared the “needs and desires” criteria to existing licensed outlets other than the type of license applied for. NR NO REASON GIVEN: Individuals who preferred to not state a reason for opposing. Neighborhood Needs & Desires Petition Summary Sheet Applicant: Boulder Broker Inn LLC Trade Name: Broker Swim Club/Bottom of the Rocks Business Location: 555 30th Street, Boulder CO 80303 Date(s) of Petitioning: September 1st and 7th, 2023 Defined Neighborhood: NORTH- Canyon SOUTH- Table Mesa to Broadway EAST- Foothills Parkway WEST- City Limits Total Contacts: 360 Not at Home: 167 Not Qualified: 16 Refuse to Sign: 26 Needs & Desires Already Met: 0 Religious Objection: 0 Remained Neutral: 3 Alcohol Usage Objections: 1 No Reason Given: 1 TOTAL # IN FAVOR 136 TOTAL # OPPOSED 2 PRE-FILE DUE DATE FOR PETITIONS: MONDAY SEPTEMBER 11, 2023 25 Every necessary action will be taken to resolve a problem or settle a dispute in a fair and equitable manner. As we said in the Welcome Letter, we recognize our employees as our most valuable resource, and we take all employee problems and complaints very seriously. No problem is too small or insignificant and each issue will be given the utmost attention and consideration. MEETINGS Staff meeting are held on a regular basis for your benefit as well as for the restaurant. Meetings are held for a variety of reasons and can include new menu offerings, upcoming promotions and events, training, policies, etc. Such meetings are treated as a shift and attendance is mandatory. Only management-approved absences will be accepted. Most meetings offer employees the opportunity to provide valuable input for feedback and provide suggestions to enhance our working environment and the operation of the restaurant. TEAMWORK We cannot achieve our goals and provide the highest levels of service and hospitality to our customers without working together as a team. Teamwork basically boils down to common courtesy and common sense. If a co-worker is overloaded and you’re not, help them in any way you can. It’s only a matter of time before they will return the favor. Pitch in to help a guest whether they are in your section or not. If another employee hasn’t quite caught on to something and you have, ask if you may suggest another way to do it. Genuine teamwork makes for a much more enjoyable and satisfying work experience and results in happier (and more generous) guests. COMMUNICATION It is important for every employee to have a good sense of “what’s going on” in the restaurant. It is management’s responsibility to keep everyone informed of ongoing changes and news affecting the restaurant and our team. Such communication takes place primarily in pre-shift meetings, general meetings and by posting notices and information to the bulletin board. 26 Alcohol & Safety Service Policy We at the Boulder Broker Inn, LLC recognize that it is a privilege to buy and sell alcoholic beverages. Further we realize that it is our legal and social responsibility to comply with all laws, rules and regulations, and follow Best Practices as they pertain to the sale and service of alcoholic beverages. We are committed to the safe and responsible sale of all alcoholic beverages to only those patrons who are 21 years of age or older and to refuse service of alcoholic beverages to those individuals that are visibly intoxicated or, in those cases where we deem it necessary, to prevent a person from becoming visibly intoxicated. To achieve these goals, we strictly adhere to the following: 1. All of our employees are TIPS certified and have demonstrated a clear understanding of laws, rules, regulations and best practices of the sale and service of alcohol products. ALL SERVERS, BARTENDERS, AND MANAGERS MUST BE TIPS CERTIFIED TO SELL OR HANDLE ALCOHOL. Without this valid certification they will not be allowed to work until such time as they are certified in good standing. 2. Employees will have their certifications uploaded to a virtual employee profile. This profile will alert both the employee and managers when their certification is within 60 days of expiration. 3. In addition, periodic staff meetings will be held to ensure staff are aware of current policies and practices. 4. No consumption of intoxicants of any kind will be tolerated while on shift at our location. Employees will report for work sober and will not have consumed any alcoholic beverages prior to arriving or consume any alcohol while on duty. 5. All guests, regardless of initial identification, will be age-verified in each new area of the Swim Club they enter. 6. All questionable incidents involving patrons will be written down in a log, noting the date, time, name of employees involved and brief statement of 4 facts of the incident. It will be the responsibility of the Manager on duty to log these incidents. 7. These policies will be communicated and enforced both at the beginning and throughout an employee’s tenure with our company. These procedures and policies apply to any and all staff members involved with alcohol service and sales at The Boulder Broker, LLC. Responsible alcohol service is a grave responsibility with potentially dire consequences if mishandled. It must be understood by all employed here that we as a company give this matter our highest attention and priority. Overconsumption: Bartenders and wait-staff, it is a fundamental part of your job to monitor the alcohol consumption of any and all guests you are in contact with. Managers, bartenders and servers will make verbal and visual contact with all customers wishing to purchase alcohol. They will pay special attention to the facial characteristics, including general appearance and behavior, as well as the patron’s rate of consumption of alcohol in conjunction with any food the patron has consumed while on the premises. Note any odor of liquor on the patron’s breath and any signs of slurring. If the person has even the slightest concern no alcohol will be served to the patron and the staff member will report this information to the manager on duty without exception. - Take the patron’s order, but do not serve the patron another drop of alcohol. -Do not verbally “cut off” the patron, this interaction will be handled BY MANAGERS ONLY. -Do not confront, question, or “kick out” the patron, this interaction will be handled BY MANAGERS ONLY. The manager will speak to the patron explaining that both the law and restaurant policy prohibit them from serving the patron any alcohol at this time. The manager will attempt to invite the patron to continue their dining experience without an alcoholic beverage and advise the patron of their concern for the patron’s safety and offer to call alternate transportation if the patron decides to leave. All restaurant staff will continuously appraise the sobriety of patrons 27 within the premises who appear to be purchasing alcoholic beverages and when observation of visible intoxication is made, bring them to the attention of management. Underage Drinking and Invalid or Insufficient Proof of Legal Age: You must be 21 or older to legally consume alcohol in the state of Colorado. Underage drinking will not be tolerated in our organization, and employees must be extra vigilant about validating acceptable forms of ID given the proximity of the premises to the University of Colorado. No employee shall sell, furnish, give or deliver liquor or any alcohol product to anyone unless the employee verifies the person is not a minor by means of a valid photographic identification card containing that person’s date of birth (acceptable forms of ID are state driver’s license, state non-driver identification card or Passport). Our policy is to card anyone that orders liquor or any alcohol product regardless of age. No employee will accept an expired identification card or vertical ID of any type. All out of state driver’s licenses or identification cards will be verified with the Driver’s License Guide by the manager on duty. IDs with poor photocopy quality, blurred imagery, digitized lettering or disclaimers like “non-government ID” or “non-transferable ID card, unusual thickness or unevenly cut edges or corners and bumpy surfaces will not be accepted as valid ID. The server will verify that the information and picture on the identification match the person presenting it paying special attention to the date of birth in order to confirm that the individual is old enough to purchase and that the DOB has not been altered. In the event any patron fails to show proper identification or if there is doubt by the server of the validity of an ID, the sale will be refused. When a patron displays an identification card that is obviously false, the server will refuse sale of liquor or alcohol product and report it to a manager and/or the police. Otherwise, whenever there is even the slightest question about the validity of a patron’s proof of age documentation, all employees must immediately and without exception bring the situation to a trained and titled manager’s attention. This includes but is not limited to: -Expired ID’s, vertical ID’s, foreign ID’s, ID’s with no photo, ID’s without a current photo, anyone presenting two forms of ID, paper (not laminated) ID’s. -Whenever a guest orders an alcoholic beverage for an individual not physically present. Since Swim Club only serves one drink per guest per valid ID, a manager must be alerted in this situation – no exceptions. Failure to do any of the above can result in the employee involved being arrested and incarcerated as well incurring hefty personal city mandated fees and fines. This is also grounds for termination of employment. General Monitoring and Event Specific Training All employees will receive training on employee and vendor staging and patron capacity levels in the attached diagram to further enforce the above policies and maintain safe operations on the premises. For events and high-volume evenings, employees will receive further training on the following: -Use of materials and equipment that will assist in enforcing the above policies for events and high-volume evenings, such as the use of non-transferable, one-time unique wristbands for patrons who are over the age of 21 and telecommunication devices for efficient communication among employees and vendors. -Coordination with third-party security vendors who will be present in areas located on the attached diagram for events and high-volume evenings. -Best practices on ensuring appropriate and compliant volume levels for events with acoustic or amplified music, such as trivia nights or CU gameday watch events. Employees further acknowledge that the foregoing Alcohol & Safety Service Policy and attached diagram may be subject to change based on upgrades or modifications to the same and will be part of ongoing training requirements in general. 28 I have read, understand, and agree to the Alcohol Serving Policy and I know that failure to adhere to it will result in disciplinary action up to and including termination of employment with The Boulder Broker, LLC. Employee name: Employee signature: Date: 29 Safety The Boulder Broker, LLC is committed to maintaining a safe workplace for all of our employees. The time to be conscious about safety is before an accident happens. Safety is everyone’s responsibility and is a regular, ongoing part of everyone’s job. You will receive more specific, detailed information and training on safety issues as an ongoing part of your employment. However, here are some basic guidelines and safety rules to always keep in mind: § Clean up spills immediately. § Never run in the hallways or the kitchen, always walk carefully. Even when it’s busy, take small steps and pay attention. § Wear shoes with non-slip soles. They cost no more that standard shoes. Ask your manager about where to purchase them. § Report defective equipment or tools to a manager immediately. § Never operate equipment unless you have been trained how to use it properly. § Pay special attention when using slicers. They are very sharp and move very fast. § Wear nylon, no-cut gloves when cleaning slicers. If you don’t have a pair, see a manager. § Never try to catch a falling knife. Knives are easier to replace than fingers. § Let others know when you’re carrying anything hot. Don’t be shy, courteously say “Hot, behind”. § Don’t put hot food or plates in front of small children. § Use proper lifting techniques. Never lift too much. If it’s uncomfortable, make two trips or get some help. Remember to always bend at the knees, lift with your legs, not your back. 30 Sanitation We are obsessed with sanitation and food safety! Due to the nature of the restaurant business, it is ABSOLUTELY ESSENTIAL that EVERYONE follows safe food handling procedures. This is one area of the Restaurant where there is absolutely no compromise. NEVER take shortcuts on food safety and handling. Every day we are entrusted with the health and even lives of our customers. This is a huge responsibility, one that must never be taken lightly. While you will receive additional and ongoing training on food safety issues, here are some of the basic rules we ALWAYS follow and enforce: Keep your hands washed. Always wash your hands after using the restroom, smoking, touching your face or hair, eating, sneezing, or coughing. If you use latex gloves, change them frequently and wash hands between usage. Rewash frequently. Sanitize everything. Besides clean hands, use sanitizing solution to constantly keep counters, cutting surfaces, and utensils sanitary. This helps to keep food handling areas and preparation tools bacteria free. Prevent cross-contamination. Cross-contamination occurs when raw meat comes in contact with other food that will be served without further cooking. For example, never place raw chicken on a cutting board and then cut vegetables for an uncooked product on the cutting board without first washing and sanitizing it. The same goes for utensils such as knives and portioning tools, always wash and sanitize them after every use. Keep food at the proper temperatures. Potentially hazardous foods like meat, poultry, dairy and fish should always be stored below 41ºF. Food that is cooking or in holding should always be above 140ºF. Bacteria count on food grows rapidly between 41ºF and 140ºF, so it’s imperative that our food products spend a minimum amount of time in the “temperature danger zone.” Store food correctly. Raw meat should always be stored below cooked or prepared food. Raw poultry is always placed on the bottom shelf of the walk-in. Keep chemicals and cleaning products away from food products. 31 Dress Code To maintain our image as an exceptional, high-quality restaurant we need to dress the part. Following are detailed descriptions of dress for both the dining room and kitchen positions. If you have any questions regarding our dress code please, ask a manager. DINING ROOM DRESS CODE Shoes - Comfortable close-toed black shoes only with non-slip soles that permit walking safely on wet or greasy floors. Shoes must be kept clean. Pants – Dark bottoms – jeans with no rips/holes Shirts – The Boulder Broker, LLC will provide 2 button downs to be worn on shift. Servers/Bartenders in dark navy and support staff (excluding hosts) in white. All are required to wear these as a part of their uniform. Sleeves may be rolled. Aprons – one will be provided as applicable. Please keep them clean and wrinkle free. Appearance - Clean and well-groomed hair. Hair pulled back off the shoulder. Well-groomed hands, fingernails and fingernail polish. Facial hair should be neat and well-trimmed. Accessories - No excessive cologne, perfume, make-up or jewelry. KITCHEN DRESS CODE Shoes - Black close-toed work shoes with non-slip soles that permit walking safely on wet or greasy floors and dark or (preferably) black socks. No tennis shoes. Pants – Black or dark colored, must be clean and pressed. Chef pants are acceptable. Shirts – Chef coats provided by The Boulder Broker, LLC. Appearance - Clean, well-groomed hair, hands, and fingernails. Facial hair should be neat and well-trimmed and no longer than 1 inch from the skin. Accessories - No excessive cologne, perfume, make-up or jewelry. Hair restraints must be neat and in good taste. One The Boulder Broker, LLC logo hat will be provided and must be worn. 32 I have read, understand, and agree to the Restaurant Policies & Practices and I know that failure to adhere to them will result in disciplinary action up to and including termination of employment with The Boulder Broker, LLC. Employee name: Employee signature: Date: 33 Accidents and Emergency Situations Report all accidents, no matter how minor they seem, to the manager on duty. In the event of an emergency, like an apparent injury or choking situation, notify a manager immediately. Managers are responsible for administering CPR, choking procedures or appropriate first aid. CRIME AND ROBBERY If you are ever involved in a robbery, DO NOT RESIST. Statistics show that people who resist are three times more likely to be injured than people who do not resist. The safety of you, your fellow employees, and guests are our highest priority. Don’t be a hero, always cooperate fully and do not resist! FIRE PROTECTION All employees must know the specific location and operation of fire protection in the restaurant. The restaurant is equipped with many fire-extinguishing systems in the ducts, hood, over the stoves and other cooking equipment that contains a dry chemical. They can be set off immediately by pulling the ring attached to each system. We also maintain handheld CO² systems (behind the bar, in the kitchen, etc.) Be very specific before setting off a fire alarm or notifying someone to take action. If the fire alarm sounds, assist guests to the nearest fire exit and out of the building immediately. Tell them the restaurant is under “Fire Alarm Status” and it is their responsibility to leave the restaurant through the nearest exit. 34 Proprietary & Confidential Information It is illegal to steal, copy or communicate or transmit a former employer’s confidential or proprietary information. Proprietary information is defined as “the whole or any part of any scientific or technical information, design, process, procedure, formula, or improvement that has value and that the owner has taken measures to prevent from becoming available to persons other than those selected by the owner to have access for limited purposes.” Our internal business practices, procedures and recipes are of great value to The Boulder Broker, LLC. Employees are not to disclose any proprietary processes or recipes to any person unless directed to by The Boulder Broker, LLC’s Chef or General Manager. The Boulder Broker, LLC will institute civil action against anyone who violates this policy. SOLICITATION EMPLOYEES There should be no solicitation or distribution of literature of any kind by any employee during actual working time of the employee soliciting or the employee being solicited. Working time does not include lunch and rest breaks. Any employee who violates any part of this policy will be subject to counseling and disciplinary action up to and including dismissal. NON-EMPLOYEES Non-employees are prohibited from soliciting and distributing literature at all times anywhere on company property. Non-employees have no right of access to any area of the premises other than areas open to the public, and then only in conjunction with the area’s public use. Cellular Phone Use Policy The Boulder Broker, LLC has adopted the following cellular phone use policy. This usage applies to any personally owned device capable of placing or receiving phone calls, messages, text or video messages, or with access to the internet or email. CELL PHONES IN THE RESTAURANT - MANAGEMENT At The Boulder Broker, LLC management level employees can sparingly utilize their personal or company-supplied cellular phones for business purposes. At the same time, cell phones are a distraction in the restaurant. To ensure the effectiveness of day-to-day management tasks such as directing employees, guest interaction, staff meetings and other job-related activities, management employees must leave cell phones in the office unless otherwise permitted in this policy. Or, on the unusual occasion of an emergency or anticipated emergency that requires immediate attention, the cell phone may be carried in the restaurant as long as it is on vibrate mode. The office is the preferred location for normal cellular phone use. Other acceptable areas are food, beverage and supply storage areas if necessary, when placing vendor orders, or outside the restaurant. Use of cell phones is prohibited in the dining room, bar or any place that is in view of the guest. 35 The recognized management level job positions for which the business use of cell phones is permitted for The Boulder Broker, LLC are as follows: § Chef, General Manager, Beverage Director CELL PHONES IN THE RESTAURANT - STAFF Non-management level employees are prohibited from cell phone use while at work, period. This includes setup and breakdown even if guests are not present. This prohibition includes receiving or placing calls, text messaging, surfing the Internet, receiving or responding to email or checking for phone messages. Cell phones are to be turned off upon arriving at the workplace unless otherwise permitted elsewhere in this policy. You may use the house phone if necessary to make and receive calls, within reason. The recognized staff level job positions for which cell phone usage is prohibited for The Boulder Broker, LLC are as follows: § Kitchen workers, Servers, Bartenders, Bussers, Hosts, Dishwashers, any and all hourly employees EMERGENCY USE OF CELL PHONES – STAFF The Boulder Broker, LLC recognizes the fact many of their employees use a cell phone as a means for emergency notification by family, schools, hospitals and other persons or organizations for which emergency contact is necessary. Limited emergency use of cell phones is permitted under the following conditions. 1. Employees must obtain permission from management prior to use. 2. Cell phones must be in vibrate-only mode. 3. Cell phones must be left in the office or employee locker unless otherwise permitted by management. VIOLATION OF POLICY IS CAUSE FOR TERMINATION Employees who violate this policy will be subject to disciplinary actions, up to and including termination of employment. This is a very silly reason to get fired, so please do not put us, or yourself, in that situation. 36 I have read, understand, and agree to the Standards of Conduct and I know that failure to adhere to them will result in disciplinary action up to and including termination of employment with The Boulder Broker, LLC. Employee name: Employee signature: Date: 37 Policy Regarding Supplier Gifts and Kickbacks INTRODUCTION Honesty and fairness are two components of The Boulder Broker, LLC’s values—guest satisfaction, integrity and people. Our values, and company policies each require employees to make a committed effort to doing the right thing at all times, and to be honest and fair in all of their business dealings. Compromising those values and standards by offering or soliciting gifts or kickbacks is prohibited. DEFINITION A kickback is ANY money, fee, commission, credit, gift, gratuity, any item of value or compensation of any kind that is provided directly or indirectly, from an existing or prospective supplier for the purpose of obtaining or rewarding favorable treatment in the bidding, awarding or continuation of business with The Boulder Broker, LLC. RELATIONSHIPS WITH VENDORS/SUPPLIERS Relationships with suppliers of all goods and services to The Boulder Broker, LLC must be on an “arms-length” basis, reflecting a willing buyer and willing seller. Whenever possible, competitive bidding should be used, with vendor and supplier decisions made on the basis of quality, price, availability and service. If the employee making the purchasing decision is a friend or relative of the supplier, the employee should disclose this information to the General Manager before affecting the transaction. Neither employees nor members of their immediate families may use a The Boulder Broker, LLC supplier for personal needs on other than an “arms-length” basis. KICKBACKS FROM VENDORS/SUPPLIERS Employees of The Boulder Broker, LLC are never to accept personal favors from existing or potential suppliers in exchange for our business. This would include items such as cash, loans, travel, lodging, invitations to attend sporting events, hunting trips, shows or other excursions in return for our business. Travel and lodging offered by vendors and suppliers may not be used for personal purposes, and under normal circumstances, employees should not accept invitations to attend major sporting or public events if the employee’s attendance is at substantial cost to suppliers and there is no significant business-related reason to attend. Certain gifts and/or gratuities may be permissible in limited circumstances provided that they meet the criteria covered below. GIFTS AND GRATUITIES Meetings with vendors and suppliers may include some aspect of entertainment, provided the entertainment is of reasonable value and occasional frequency. The nature of meetings and entertainment should always be in good taste and not in conflict our values. Participation in supplier-sponsored seminars, meetings or activities at vendor-owned or supplied facilities and attendance at other smaller sporting events may be permitted with prior approval by the General Manager. 38 Handbook Receipt This Employee Handbook does not constitute a contract of employment either in whole or in part. The Boulder Broker, LLC reserves the right to add, delete, or change any portion of the Employee Handbook with or without notice. FOR THE EMPLOYEE’S INFORMATION Your employment status: Full Time Part Time Your position title: General Manager’s Name: Your starting date: I acknowledge receipt of, and have read, the Employee Handbook that outlines my benefits and obligations as an employee of The Boulder Broker, LLC. I understand the Standards of Conduct and each of the rules and regulations which I am expected to follow, as well as the additional policies. I agree to abide by all of them. All employees are expected to conform their conduct to the rules and regulations as set out in this handbook and understand that they are at-will employees. The contents of any Employee Handbook, including this one, that may be distributed during the course of their employment shall not be construed to be a contract or in any way binding. The Boulder Broker, LLC reserves the right to change, at its discretion, the contents of this handbook. POLICY STATEMENT This handbook is a general guide and provisions of this handbook do not constitute an employment agreement (contract) or a guarantee of continued employment. It is simply intended to outline the benefits and work requirements for all employees. It is further understood that The Boulder Broker, LLC reserves the right to change the provisions in this handbook at any time. It is policy of The Boulder Broker, LLC that employment and compensation of any employee is at will and can be terminated with or without cause, at any time, at the option of the employee or at the option of The Boulder Broker, LLC. Employee name: Employee signature: Date: Manager name: Manager signature: Date: 39 WRITE-UP OR STRIKE SHEET POLICY As a form of warning or discipline a supervisor may choose to use a write-up or strike sheet. In addition to recording the event this sheet is to inform and alert an offending employee of an infraction or behavior that is against established company procedure or policy. In order to be valid this sheet will have the date and time of the infraction, a description of the infraction, and the signatures of both the employee and the supervisor involved. If applicable, the employee has the right to dispute the infraction in written form and have this dispute filed in conjunction with the write up sheet. An employee signing this sheet is not an admission of guilt but an acknowledgement by the employee that he or she has been informed of the infraction. Not signing a write up sheet is grounds for disciplinary action up to and including termination of employment with The Boulder Broker, LLC. Any employee with 3 write-ups for related or unrelated infractions will be terminated from employment with The Boulder Broker, LLC. I, ________________________ have read, understand, and agree to the terms, conditions and consequences as outlined above. ___________________________________ ____/____/_____ Employee Signature Date 40 DATING AND RELATIONSHIP AGREEMENT AND ACKNOWLEDGEMENT OF HARASSMENT-FREE WORKPLACE POLICY It is The Boulder Broker, LLC’s policy to provide an equal opportunity in hiring, employment, promotion, compensation and all other employment-related decisions without regard to race, color, being over the age of 40, religion, sex, marital status, national origin, citizenship, veteran status, sexual orientation, being a qualified person with a disability; or any other basis set forth in the application laws or regulations relating to discrimination in employment. The Boulder Broker, LLC does not tolerate unwelcome or offensive conduct or conduct that creates a hostile work environment that is in any way based upon or related to a person having any of the characteristics described above. In addition, The Boulder Broker, LLC does not tolerate sexual harassment, which is a form of unlawful discrimination. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when: a. Submission to such conduct is made, explicitly or implicitly, a condition of an individual’s employment or advancement; b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or c. Such unreasonable conduct interferes with an individual’s work performance or creates an intimidating, hostile or offensive working environment. We, the undersigned employees, have entered into a personal relationship with each other. We have read and understand The Boulder Broker, LLC’s Harassment-Free Workplace Policy, part of which is outlined above and also attached, and we agree as follows: 1. Our relationship is entirely voluntary; 2. Our relationship will not have a negative impact on our work; 3. We will not engage in any public displays of affection or other behavior that creates a hostile work environment for others, or that makes others uncomfortable; 4. We will act professionally towards each other at all times, even after the relationship has ended; 5. We will not participate in any company decision-making processes that could affect directly the terms or conditions of the other employee including pay, promotional opportunities, performance reviews, or hours; 6. We will inform Human Resources immediately if the relationship ends, or if the conduct or advances of the other person are no longer welcome and follow the Sexual Harassment Complaint Procedure in the Employee Handbook; 7. We agree that, if the relationship ends, we will respect the other person’s decision to end the relationship and not pursue that person or seek to resume the relationship or engage in any other conduct towards the other person that could violate the Harassment-Free Workplace Policy. Dated this _____________ day of ___________________________, 20_____. Employee Signature: X______________________________ 41 Supplemental Information Family and Medical Leave Act Basic Leave Entitlement The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons: • For incapacity due to pregnancy, prenatal medical care or childbirth • To care for the employee’s child after birth, or placement for adoption or foster care • To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition or for a serious health condition that makes the employee unable to perform his/her job. • Qualifying exigency (described below) related to military leave of an employee’s immediate family member • Caregiver leave (see below) for injured service member if employee is immediate/next of kin. Military Leave Entitlements Qualifying Exigency Eligible employees with a spouse, son, daughter, or parent on active duty or impending call or order to active-duty status in any regular component of the Armed Forces may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain 6 military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. Employees may be required to provide a copy of the family member’s active- duty orders or other reasonable documentation supporting the need for this leave. Caregiver Leave FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave in a single 12-month period to care for a spouse, son, daughter, parent, or next of kin who is a covered service member with a serious illness or injury for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. A covered service member includes an active member of the Armed Forces, including a member of the National Guard or Reserves, as well as a veteran who was a member of the Armed Forces at any point in time within the five years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy for a serious illness or injury. A serious illness or injury is an illness or injury which either was incurred in the line of active duty or existed before the service member served on active duty in the Armed Forces but was aggravated by such service and that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating. For veterans, a serious illness or injury is an illness or injury which was incurred by the service member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the service member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the service member became a veteran. Eligibility Requirements Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the twelve- month period immediately before the date when the leave is requested to commence, and if at least 50 employees are employed by the employer within 75 miles. Definition of Serious Health Condition A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of his/her job, or prevents the qualified family member from participating in school or other activities. 42 Employee Responsibilities Employees must provide 30 days’ advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, employees must provide notice as soon as practicable and generally must comply with the company’s normal call-in procedures. Military Leave Unpaid military leave is granted if you must miss work to fulfill military obligations. By law, qualified individuals are eligible for job and benefit protection under specific circumstances. If you are called to active duty, please give your team leader as much advance notice as possible. The company will comply with all federal and state laws regulating military leave. Designated Medical Providers for Work-Related Injuries and Illnesses In case of emergency go to nearest possible emergency room otherwise all employees must obtain treatment for work- related injuries from approved service providers. A complete and accurate list of approved service providers as well as our workman’s compensation provider contact information and policy number will always be conspicuously posted in the employee room. If ever you cannot readily find this information, contact your general manager who will provide it to you. In the event of a non-emergency, after-hours injury, contact one of the approved providers at the non-emergency numbers provided. In the unfortunate event of a life-or-limb-threatening emergency, you will certainly be sent to the nearest emergency medical facility. However, one of the approved medical providers must provide all follow-up care. If an unauthorized medical provider treats an employee, the employee will be responsible for payment of said treatment. All employees must sign below, acknowledging this company policy. I have read and am fully aware of the organization's policy regarding medical treatment for work-related injuries and illnesses. I further understand I must immediately report any work-related injury to my supervisor. 43 I _________________________ have read, understand, and agree to all terms and conditions outlined in the Designated Medical Providers for Work-Related Injuries and Illnesses __________________________ ___/___/_____ Employee Signature Date 44 Employee Illness Reporting Agreement The purpose of this agreement is to ensure that food service employees notify the person in charge when they experience any of the following conditions. The person in charge should then take appropriate steps to prevent the transmission of food borne illness, as per Colorado Retail Food Establishment Rules and Regulations, Section 2-2 Employee Health. I agree to report to the person in charge if I ever have any of the following: • Symptoms of: o Diarrhea o Vomiting o Jaundice o Sore throat with fever o Lesions containing pus on the hand, wrist, or any exposed body part, such as boils and infected wounds, no matter how small they are o Persistent coughing, sneezing, or runny nose that causes discharges from the eyes, nose, or mouth • Medical diagnosis of: o Ill with typhoid fever (Salmonella Typhi) o Even if previously diagnosed with this illness within the past three months o Shigellosis (Shigella spp.) o Enterohemorrhagic or Shiga Toxin-producing Escherichia coli infection (E. coli o157:H7) o Hepatitis A virus o Norovirus o Other enteric bacterial pathogens such as Salmonella or Campylobacter • High-risk condition of: 1. Exposure to or suspicion of causing any confirmed outbreak of typhoid fever, shigellosis, E. coli O157:H7 infection, Norovirus, or hepatitis A. 2. Exposure to a household member diagnosed with typhoid fever, shigellosis, E. coli O157:H7 illness, Norovirus, or hepatitis A. I have read or had explained to me and understand my responsibility to comply with: • Reporting any of the above conditions, symptoms, or medical diagnoses. • Work restrictions or exclusions which may be imposed upon me to prevent the transmission of food borne illness. • Good hygienic practices (e.g. washing hands after using the restroom; upon re-entering the kitchen; whenever touching face, hair, etc.; and whenever hands may be contaminated; proper use of gloves when handling ready- to-eat foods). 45 I understand that failure to comply with the terms of this agreement could lead to action by the food establishment or by Boulder County Public Health. Employee Name (please print) _______________________________________ Signature of Employee ______________________________________ Date__________________ 46 The Boulder Broker, LLC’s Accident Prevention Program Overview Workplace injuries create a no-win situation for everyone involved. Employees experience pain, suffering and incapacitation while the company suffers from the loss of the injured person's contributions. This document is designed to assist all personnel in assuring that such an undesirable situation will not develop in this company. It provides information and guidance for the establishment and maintenance of an injury-free work environment. Procedures This document contains guidance for safety procedures to be followed and forms to be used. Supervisors are expected to integrate the procedures into the appropriate work activity and employees are expected to apply them on the job. The sample forms are to be used if they apply to the job concerned. SAFETY AND HEALTH POLICY FOR THE BOULDER BROKER, LLC The purpose of this policy is to develop a high standard of safety throughout all operations of The Boulder Broker, LLC and to ensure that no employee is required to work under any conditions which are hazardous or unsanitary. We believe that the individual employee has the right to derive personal satisfaction from his/her job and the prevention of occupational injury or illness is of such consequence to this belief that it will be given top priority at all times. It is our intention here at The Boulder Broker, LLC to initiate and maintain complete accident prevention and safety training programs. Each individual from top management to the working person is responsible for the safety and health of those persons in their charge and coworkers around them. By accepting mutual responsibility to operate safely, we will all contribute to the wellbeing of personnel. Responsibilities for safety and health include the establishment and maintenance of an effective communication system between workers, supervisors and management officials. To this end, all personnel are responsible to assure that their messages are received and understood by the intended receiver. Specific safety and health responsibilities for company personnel are as follows: • Management Officials: Active participation in and support of safety and health programs is essential. Management officials will display their interest in safety and health matters at every opportunity. At least one manager (as designated) will participate in project safety and health meetings, accident investigations and jobsite inspections. Each manager will establish realistic goals for injury reduction in his/her area of responsibility and will establish the necessary implementing instructions for meeting the goals. Goals and implementing instructions shall be within the framework established by this document. Incentives will be included as a part of implementing instructions. • Supervisors & Departmental Safety Monitors: Safety and health of the employees they supervise is a primary responsibility of the supervisors. To accomplish this obligation, supervisors will: • Assure that all safety and health rules, regulations, policies and procedures are understood by conducting pre-job safety orientations with all workers and reviewing rules as the job or conditions change or when individual workers show a specific need. • Inform and train all employees on the hazardous chemicals or conditions they MAY encounter under normal working conditions or during an emergency situation. 47 • Identify and eliminate job hazards expeditiously through monthly walk-around self-safety inspections. • Require the proper care and use of all needed protective equipment. • Conduct crew / leader monthly meetings or establish a safety committee. • Receive and take initial action on employee suggestions, awards or disciplinary measures. • Train all employees in the safe and efficient methods of accomplishing each job or task as necessary. • Review injury trends and establish prevention measures. • Attend safety meetings and actively participate in the proceedings. • Participate in investigations and inspections on safety and health related matters. • Promote employee participation in the safety and health program. • Actively follow the progress of injured workers and display an interest in their rapid recovery and return to work. The Department of Labor & Industries can assist you in developing a program to effectively follow and manage injury claims. • Employees: Observe the items of responsibility established in this document as well as job safety rules which may apply to specific task assignments. The Boulder Broker, LLC believes that a safety and health accident prevention program is unenforceable without some type of disciplinary policies. Our company believes that in order to maintain a safe and healthy workplace that the employees must be cognizant and aware of all company, State, and Federal safety and health regulations as they apply to the specific job duties required. The following disciplinary policy is in effect and will be applied to all safety or health violations: The following steps will be followed unless in the unlikely event that the seriousness of the violation would dictate going directly to Step 2 or Step 3. 1. A first-time violation will be discussed orally between company supervision and the employee. This will be done as soon as possible. 2. A second time offense will be followed up in written form and a copy of this written documentation entered into the employee's personnel folder. 3. A third time violation will result in time off or possible termination, depending upon the seriousness of the violation. 48 Restaurant Employee Safety Orientation Checklist Instructions: Each employee will receive a safety orientation during their initial training and as necessary throughout their tenure with The Boulder Broker, LLC. Please check each item that was covered in the orientation. Employees will sign this form once all items have been covered and all questions have been answered satisfactorily. The employee (name)_______________________________________________________ has been: • Informed about the elements of the written safety program that outlines the company’s safety efforts. • Informed about quarterly crew safety meetings (Departmental Safety Monitors only). • Told to report all injuries and shown how to do this. • Told to report all hazards to her/his supervisor and shown how to do this. • Informed about all machinery hazards and if < 18 years of age, instructed about prohibited duties. • Informed about all other hazards and ways to protect themselves (i.e., chemicals, use of ladders, slippery floors, etc.) • Shown where the first aid supplies are located and who to call for first aid. • Told what to do during any emergencies that could be expected to occur. • Shown how to operate a fire extinguisher. • Informed of and trained on chemical hazards according to the Hazardous Chemical Communication Program training requirements including how to read a label and precautions to take when using them. • Trained on the safe methods to perform the specific job the employee was assigned including any hazards associated with that job. • Provided any formal training required to do his/her job, such as proper lifting, use of knives, grill and fryer operation, spill clean-up etc. Date initial formal training given by: ________________________________________________________ The signatures below document that the above orientation was completed. Both parties accept responsibility for maintaining a safe and healthful work environment. Date: _______________ Supervisor: ________________________________________________ Date: _______________ Employee: _____________________________________________ 49 Employee Safety Rules & Responsibilities 1. Report every injury, no matter how slight, to your supervisor immediately. 2. Horseplay, fighting, gambling, possession of firearms and possession or use of alcoholic beverages or drugs, except as prescribed by a qualified health care provider, are strictly forbidden. 3. Wear clothing suitable for the weather and your work. Torn, loose clothing, cuffs, sleeves, etc. are hazardous and could cause injuries. 4. Jewelry (rings, bracelets, neck chains, etc.) should not be worn. 5. Proper eye protection must be worn where you are exposed to flying objects, dust, harmful rays, chemicals, flying particles, etc. 6. Proper footwear must be worn. This means: slip-resistant soles with good tread; shoes that are laced and tightly tied; no leather or smooth soles; no open-toed shoes; no platform or high-heeled shoes; no dress shoes and no porous fabrics such as canvas (because they cannot protect against burns or chemicals). 7. Always use gloves, aprons or other protective clothing when handling chemicals and hot or cold objects. 8. Never remove a guard while machinery is in operation. For example, guards on industrial mixers, meat slicers and baking machines. 9. Special safety equipment is for your protection. Use it when required. Keep it in good condition and report loss or damage of it immediately. 10. Report all on the job injuries promptly. 11. Report all equipment damage to your supervisor immediately. 12. Don't take chances - use your safety equipment as directed. 13. Follow instructions - ask questions of your supervisor when in doubt about any phase of your operation. 14. Observe and comply with all safety signs and regulations. 15. Report all unsafe conditions or situations that are potentially hazardous. 16. Operate only equipment you are qualified to operate. When in doubt, ask for directions. 17. Talk to management at any reasonable time about problems that affect your safety or work conditions. The most important part of this program is the individual employee - You! Without your cooperation, even the most stringent program can be ineffective. Protect yourself and your fellow worker by following the rules. Don't take chances - SAFETY FIRST - THINK! 50 General Safety Rules 1. Always store materials in a safe manner. Tie down or support stacks of materials, if necessary, to prevent falling, rolling or shifting. 2. Do not block aisles, traffic lanes, fire exits, ramps or stairs. 3. Avoid shortcuts - use ramps, stairs, walkways, ladders, etc. 4. Do not use tools with split, broken or loose handles, burred or mushroomed heads. Keep cutting tools sharp and carry all tools in a container. 5. All electrical power knives and other cutting tools, extension cords and equipment shall be properly grounded. 6. All electrical equipment and cords shall be properly insulated. Damaged cords shall be replaced. 7. Know the location and use of fire extinguishing equipment and the procedure for sounding a fire alarm. 8. Flammable liquids shall be used only in small amounts at the job location and in approved safety cans. 9. Proper guards or shields must be installed on all power tools and equipment before use. Do not use any power tools and equipment without the guards in their proper working condition. 10. Do not operate any power tool or equipment unless you are trained in its operation and authorized by your firm to do so. Employees under 18 years old cannot operate such equipment. 11. Use tools only for their designed purpose. 12. Do not remove, deface or destroy any warning, danger sign or barricade, or interfere with any form of protective device or practice provided for your use or which other workers are using. 51 I have been informed of and agree to meet all of the employee safety rules & responsibilities as outlined above. Date: __________ Employee: ______________________________________________ 52 CUT PREVENTION TRAINING Employee's name_______________________________________ Date_________________ Employer______________________________________ Trainer______________________ Cuts can be caused by any of these: • Knives • Furniture • Equipment • Counters • Utensils • Glassware • Preparation areas • Cleaning equipment • Dishes You must observe the following safety rules to prevent cuts: • For safe cutting and chopping, use only designated cutting areas. • Follow all proper training procedures when operating equipment. • Make sure cutting blades are sharp. • Discard broken or chipped glassware. • Stay off slopes too steep for safe operation • After cleaning, make sure all guards and safety devices are back in place. • Place a tag on any defective or unsafe equipment and immediately inform your supervisor. • Manufacturer’s instruction manuals are available for review by all employees. • Do not operate equipment if you feel sick or drowsy. (Remember, some cold remedies can make people feel sleepy.) • Do not place hands near the edge of cutting blades. Make sure you can always see both hands and all fingers and the cutting blades. • Do not try to catch falling objects, especially knives. • Do not place knives in soapy dishwater and make sure they are always visible. • Do not try to clean or “just brush something off” a moving part, such as cutting blades or beaters in mixers. • Do not try to cut anything in a slicer once it becomes too thin. Use a knife to finish cutting. • Do not wear loose or frayed clothing, gloves or jewelry that can become caught in the moving machine. • When in doubt, always ask your supervisor. Date: _______________ Supervisor: _____________________________________________ Date: _______________ Employee : _____________________________________________ 53 BURN PREVENTION TRAINING Employee's name _______________________________ Date _________________________ Employer______________________________________ Trainer _______________________ Burns and scalds can be caused by any of these: • Stoves • Toasters • Toaster ovens • Ovens • Hot utensils • Boiling hot liquids • Pressure cookers • Cooking pots • Hot dishwashers • Hot foods • Microwaves You must observe the following safety rules to prevent burns and scalds: • Turn off stoves when not in use. • Assume all pots and metal handles are hot. Touch only when you are sure they are not hot or when wearing proper gloves. • Organize your work area to prevent contact with hot objects and flames. • Keep pot handles away from hot burners. • Make sure handles of pots and pans do not stick out from counter or cooking stove. • Use oven mitts that are provided and long gloves for deep ovens. • Use only recommended temperature settings for each type of cooking. • Follow manufacturer’s operating instructions. Manuals are available through your supervisor. • Open hot water and hot liquid faucet slowly to avoid splashes. • Lift lids by opening away from you. • Wear long-sleeved cotton shirts and cotton pants. • Report any faulty equipment to your supervisor. • Food items for frying should be placed in the basket first, then lowered into hot oil, rather than dropping food directly into the oil. • Use rollers for moving large vats. • Allow grease to cool before transporting, filtering or disposing. • Two people are to be used for changing and disposing of grease, due to heavy lifting. • Do not stand on hot fryer to clean ventilation components or filters. Use a ladder or stepstool. • Do not overfill pots, pans or fryers. • Do not leave metals spoons in pots and pans while cooking. • Do not spill ice or water in hot oil. • Do not overstretch to reach an uncomfortable distance. • Do not open cookers and steam ovens while they are under pressure. • Do not lean over pots of boiling liquids. • Do not leave a not electric element or gas flame of stove “on” when not in use. • Remember, foods removed from the microwave continue to cook. • When in doubt, always ask your supervisor. 54 Date: _______________ Supervisor: _____________________________________________ Date: _______________ Employee : ______________________________________________ 55 SLIP AND FALL PREVENTION TRAINING Employee's name _______________________________ Date _________________________ Employer______________________________________ Trainer _______________________ Slips and falls can be caused by any of these: • Slippery and cluttered floors and stairs • Loose or bumpy carpets and floor mats • Defective ladders and foot stool • Poor visibility • Improper shoes You must observe the following safety rules to prevent slips and trips: • Report any tripping or slipping hazards to your supervisor immediately. • Keep floors and stairs clean, dry and non-slippery. • Keep floors and stairs clear of debris and obstructions. • Report any lighting inadequacies and replace any burned out bulbs and fluorescent tubes as soon as possible. • Make sure mats and carpeting are free of holes and bumps that may cause tripping. • Use warning signs for wet floors and other obstacles. • Make sure stepladders are in good repair and have non-skid feet. • Never stand on the top step of a stepladder. • Do not use defective ladders. • Do not use chairs, boxes or tables as substitutes for ladders. • Do not leave oven, dishwasher or cupboards doors open. These may present a tripping hazard for you or your co-workers. • Follow shoe policy. • When in doubt, always ask your supervisor. Date: _______________ Supervisor: _____________________________________________ Date: _______________ Employee: ______________________________________________ 56 FIRST AID TRAINING, KITS, AND POSTER Purpose: To make sure that immediate and effective medical attention is available should an injury result. 1. To meet the above objectives, the following procedures will be followed: The General Manager of each location will ensure that a person(s) trained in first aid will be readily available (unless there is an infirmary, clinic or hospital in near proximity to the workplace). 2. First aid kits will be in accordance with the requirements of the city and county of Boulder and any and all applicable State and Federal requirements. *****The First Aid Kit can be found by the rear kitchen entrance***** The General Manager of each location is designated to ensure that the first aid kits are properly maintained and stocked. Posters listing emergency numbers, procedures, etc., are strategically located, such as on the first aid kit, at telephones etc. But, WHEN IN DOUBT PLEASE DIAL 911! I, ____________________ have read, understand, and will comply with all safety procedures, protocols and policies as outlined in this Accident Prevention Document. Please sign below. Date: _______________ Employee: ___________________________________________ 57 To be completed by The Boulder Broker, LLC Employee I, (print name) _____________________ hereby certify and attest that I have read, understand, and agree to all policies and procedures as outlined in this employee handbook document. Further I certify and attest that I have completed, understand and will adhere to all preliminary training as outlined in this employee handbook document. Employee Signature_______________________ Date____/____/______ 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. Agenda Item 12 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. IDs will be checked at the point-of-sale counter. None Kitchen closes at 9:00 . Grab and go food will be provided. 85% food to 15% alcohol 42" metal fence surrounds the patio. Staff working counter has full sightline of patio. Staff will also be working on the patio. No guest will be served alcohol without providing an ID. We not host private parties. Howard Andrew Ryan President BOULDER SHACK, LLC dba MAINE SHACK CITY OF BOULDER LIQUOR LICENSE APPLICATION ATTACHMENT 1) Describe the nature of proposed establishment and the target market (i.e., restaurant, tavern, live music, sports bar, families, college students). a food and drink menu for BLA. Building off the name recognition and high-quality New England seafood of Maine Shack Denver, our Boulder location will also be a very approachable neighborhood restaurant where patrons can come and enjoy all sustainable and authentic menu offerings. Maine Shack will feature a fast-casual dining room and bar with additional seating on our outside patio. The menu will feature, but not limited to, six different varieties of lobster rolls, fried whole belly clams, fresh scallops, haddock, steamers, house made New England clam chowder, entree sized salads, lobster mac & cheese, as well as several other New England specialties, many showcasing a variety of ingredients sourced from the Gulf of Maine. Our partnerships with companies like Greenhead Lobster of Stonington, ME and Ipswich Shellfish Co. mean the catch is sustainable and traceable. Knowing where every clam, scallop, and lobster is harvested and hauled is not only important- it's the Maine Shack standard. Boulder community, families, singles, business workers, college- students, everyone who enjoys delicious food. We thoroughly believe that in order to be successful and comm neighbors. We are very excited and proud to be joining the Boulder business community and will be looking for any and all ways to strengthen our neighborhood outreach. We have already reached out to the Boulder Chamber of Commerce and look forward to becoming members an Maine Shack currently has various partnerships with local retailers and reaching out to the University of Colorado, Boulder to build our brand awareness for the undergraduate, graduate and faculty community. 7) Describe each owner’s past training experience in the sales and service of alcohol, including any HOWARD ANDREW “DREW” RYAN: Drew has owned and operated the Maine Shack in Denver since its opening four years ago and i Alcohol Service over 20 years of experience in the hospitality industry. He is currently ion since 2008. Eric has taken lcohol Service course se f experience in the hospitality industry, including running the Fox Theater in Boulder from 2002 – 2007; Director of Event – 2009; and GM for AEG Ogden Theater, Bluebird Theater and Fiddler’s Green in Denver from 2009 – 2020. John is currently Venue Manager for Lighthouse ArtSpace Denver and has been an operator at Maine Shack Boulder since it opened four years ago. 12) Describe any other types of training or operating procedures that employees will be following in the day-to-day operations. All new employe -day paid training program. Each employee will receive a Maine Shack Handbook, Maine Shack Alcohol Management Handbook as well as tasked with while working at Maine Shack. At Maine Shack, we believe we are only as good as our employees. They are our liaison to our guest, and we must prepare them as best we can in the Maine Shack “way” in order to strengthen customer loyalty and build repeat business from our customers. 16) What types of security, if any, will be provided at this establishment? We will not have security personnel, but we will be using a Nest security system with 3-4 video cameras our front and back doors of Maine Shack setup with a local alarm company. Table of Contents INTRODUCTION ............................................................................................................................................... 3 FACTS REGARDING ALCOHOL RELATED CRASHES ........................................................................................ 4 TEN STEPS TO RESPONSIBLE ALCOHOL BEVERAGE SERVICE ......................................................................... 6 UNDERSTANDING THE PHYSIOLOGICAL EFFECTS OF ALCOHOL .................................................................... 7 BLOOD ALCOHOL CONTENT ............................................................................................................................ 8 OTHER FACTS ABOUT BLOOD ALCOHOL CONTENT ........................................................................................ 9 DETECTION OF INTOXICATED PERSONS ........................................................................................................ 10 DETECTION OF MINORS ................................................................................................................................. 12 INTERVENTION WITH MINORS ...................................................................................................................... 13 INTERVENTION WITH INTOXICATED PATRONS ............................................................................................. 14 ALCOHOL AWARENESS .................................................................................................................................. 16 DRAM SHOP LAWS - LIABILITY ...................................................................................................................... 17 ALCOHOL MANAGEMENT PROGRAM TEST ................................................................................................... 18 COMPLETION CERTIFICATE .......................................................................................................................... 21 Alcohol Management Program [Restaurant Name] 1 Revised 8/7/2023 Introduction Congratulations on your employment at Maine Shack!As an establishment that serves alcoholic beverages, it is our responsibility to provide you with the necessary training to responsibly sell and serve alcoholic beverages. The following material is intended to be used as a guide and educational tool. Most states require servers of alcoholic beverages to participate in a state certified alcoholic beverage training in addition to the training they receive from their employer. This course is not intended to meet state certification. Rather, it is intended to educate our employees on company policy with regard to alcohol awareness. We take great pride in our quality beverages and friendly, responsive service. Our high standards can only be maintained through great people like you who share our values and desire to do the very best job possible for our guests every day. Once again, welcome to the Maine Shack Team! Alcohol Management Program [Restaurant Name] 3 Revised 8/7/2023 Adult drivers ages 35 and older who have been arrested for impaired driving are 11 to 12 times more likely than those who have never been arrested to die eventually in crashes involving alcohol (Brewer 1994) In its publication The Economic Impact of Motor Vehicle Crashes, the National Highway Traffic Safety Administration reported that alcohol-related crashes in 2000 were associated with more than $51 billion in total costs (Blincoe 2002) Male drivers involved in fatal motor vehicle crashes are almost twice as likely as female drivers to be intoxicated with a blood alcohol concentration (BAC) of 0.10% or greater (NHTSA 2003a). A BAC of 0.08% is equal to or greater than the legal limit in most states. At all levels of blood alcohol concentration, the risk of being involved in a crash is greater for young people than it is for older people (Mayhew 1986). In 2002, 24% of drivers ages 15 to 20 who died in motor vehicle crashes had been drinking alcohol (NHTSA 2003b). Young men ages 18 to 20 (too young to buy alcohol legally) report driving while impaired almost as frequently as men ages 21 to 34 (Liu 1997). In 2002, 22% of the 2,197 traffic fatalities among children ages 0 to 14 years involved alcohol (NHTSA 2003c). Adult drivers ages 35 and older who have been arrested for impaired driving are 11 to 12 times more likely than those who have never been arrested to die eventually in crashes involving alcohol (Brewer 1994). Nearly three quarters of drivers convicted of driving while impaired are either frequent heavy drinkers (alcohol abusers) or alcoholics (people who are alcohol dependent) (Miller 1986). Alcohol Management Program [Restaurant Name] 4 Revised 8/7/2023 Ten Steps to Responsible Alcohol Beverage Service Maine Shack is committed to the responsible service of alcoholic beverages. In accordance with this commitment, all employees are required to follow the procedures listed below: 1. No employee will serve an alcoholic beverage to anyone under the age of 21. 2. All employees will carefully check Identification of anyone who appears to be under the age of 40. a. Acceptable documentation is a valid state driver's license with a photo, or a photo ID issued by the state, or a valid passport. b. The employee will carefully check the identification to determine its authenticity. The manager should be informed if there is any appearance of forgery or tampering. c. In the absence of authentic identification, or in case of doubt, the employee will refuse service of alcoholic beverages to the customer. 3. No employee will serve an alcoholic beverage to anyone who is intoxicated. 4. No employee will serve alcoholic beverages to anyone to the point of intoxication. 5. It is the employee's responsibility to notify a manager when a customer shows signs of intoxication or is requesting alcoholic beverages above the limits of responsible beverage service. 6. Any intoxicated customer wishing to leave the establishment will be urged to use alternative transportation provided by the establishment. 7. All employees are obligated to inform law enforcement authorities when intervention attempts fail. 8. No employee will drink alcoholic beverages while working. 9. All employees who serve/sell alcoholic beverages will successfully complete a state certified Seller/Server training course when beginning employment. MANAGEMENT FULLY SUPPORTS THESE POLICIES AND WILL STAND BEHIND OUR EMPLOYEES IN THEIR DECISIONS TO PROMOTE RESPONSIBLE SERVICE. Alcohol Management Program [Restaurant Name] 5 Revised 8/7/2023 Understanding the Physiological Effects of Alcohol Alcohol passes from the mouth down the esophagus and into the stomach and on into the small intestine. At each point along the way ethyl alcohol can be absorbed into the blood stream. However, the majority of the alcohol is absorbed from the stomach (approx. 20%) and the small intestine (approx. 80%). In general, drinking more alcohol within a certain period of time will result in increased blood alcohol concentrations (BAC) due to more alcohol being available to be absorbed into the blood. The presence of food delays absorption of alcohol. Physiological factors such as strenuous physical exercise also decrease alcohol absorption. Additional factors such as drugs (e.g., nicotine, marijuana, and ginseng), that modify physiological factors regulating gastric emptying also modify alcohol absorption. Diluting alcoholic beverages with water may decrease the absorption rate, but mixing with carbonated beverages increases the absorption rate. A healthy body eliminates 90% of alcohol through the liver at a rate of approximately ½ oz. of pure alcohol (1 drink) per hour. Alcohol’s direct action on the brain is as a depressant. It generally decreases the activity of the nervous system. Alcohol’s action on the brain produces of a number of behavioral effects. These effects are dependent upon the amount of alcohol taken in, the time period over which the alcohol is drunk, and other factors such as whether other drugs are being taken at the same time, the previous drinking history of the individual, the physical state of the person doing the drinking, and the genetic background of the individual (i.e. ethnicity, gender). Higher blood alcohol levels may impair balance, memory and muscular coordination. Increased amounts of alcohol consumption within a short time span may cause severely affected judgment, blunted sensory perception and loss of control. Alcohol Management Program [Restaurant Name] 7 Revised 8/7/2023 Other Facts About Blood Alcohol Content What BAC is considered illegal? Driving with a BAC of 0.10 percent is a crime in 5 states. It is a crime to drive with a BAC of 0.08 percent in 45 states and the District of Columbia. A BAC of 0.08 is evidence of an alcohol violation in Massachusetts. In response to a potential loss of federal highway funding, all states likely will have a BAC defining impaired driving at 0.08 percent within the next few years. What is the effect of alcohol on driving skills and crash risk? At BAC as low as 0.02 percent; alcohol affects driving ability and crash likelihood. The probability of a crash begins to increase significantly at 0.05 percent BAC and climbs rapidly after about 0.08 percent. For drivers age 35 and older with BAC at or above 0.15 percent on weekend nights, the likelihood of being killed in a single-vehicle crash is more than 380 times higher than it is for non-drinking drivers.1 How many drinks does it take to reach significantly impairing BAC? The effects of alcoholic drinks vary greatly because the rate of absorption and BAC attained vary from person to person due to such factors as weight, amount of fat tissue, and stomach contents. Nevertheless, various organizations have developed charts intended to help people estimate their BAC based on the number of drinks consumed. These tables can be used to estimate BAC, but they are subject to error. Are beer and wine less impairing than hard liquor? Impairment is not determined by type of drink but rather by the amount of alcohol ingested over a specific period of time. There is a similar amount of alcohol in such standard drinks as a 12-ounce glass of beer, a 4-ounce glass of wine, and 1.25 ounces of 80 proof liquor. Beer is the most common drink consumed by people stopped for alcohol-impaired driving or involved in alcohol- related crashes. Alcohol Management Program [Restaurant Name] 9 Revised 8/7/2023 Note customer's initial mood and conduct and watch for changes in mood or behavior Observe customer interactions Re-interview and re-rate customers prior to each additional sale. Alcohol Management Program [Restaurant Name] 13 Revised 8/7/2023 6. Obligation of seller to inform law enforcement authorities when intervention attempts fail. The server should always call a manager before contacting law enforcement. The manager can then inform the minor patron that unless the patron complies, there will be no other choice than to call law enforcement. 7. Sanctions for employee violations. Illegal service of alcoholic beverages is a crime. You, as well as the restaurant, can be charged with a crime for doing so. Additionally, DRAM shop laws are such the both the employer and employee may be held liable for serving intoxicated patrons that are later involved in accidents related to alcohol impairment. Alcohol Management Program [Restaurant Name] 15 Revised 8/7/2023 Dram Shop Laws - Liability Many states have enacted “dram shop” acts that create a civil cause of action (i.e. the basis for a lawsuit) against a business (and in some cases the employee) if the sale of alcohol to an intoxicated person results in injury to a third party. These laws also create liability for businesses that serve any alcohol to a minor who injures another person as a result. Not only do you need to understand the dram shop laws in your state, but also you need to make sure that anyone in your operation who serves alcohol understands and has training in them. If a patron shows up drunk, not only should you refuse alcohol service, but also you should document the incident on a form created for this purpose. It need not be any format in particular, but it might include the following: the time of arrival and leaving, a description (including name, if possible) of the patron, descriptions of other people in his party, his actions or behavior that indicated inebriation, and the name and signature of the person filling out the form. Case Study 1: Shattered Lives and Bad Press Five years after a drunken driver crashed into a carload of teens leaving an alcohol-free school dance, a bar and its principals were ordered to pay the victims almost $1 million. That was the decision entered by a Texas district court judge in 2002 when a jury handed down a $964,000 judgment, against a saloon and its two owners. Four students were injured in the 1997 crash on their way home from a Valentine's Day dance sponsored by Students Against Drunk Driving. During the civil trial, the driver testified that he drank 21 beers and two liquor shots at the establishment. The driver’s blood-alcohol level was three times the legal limit when tested several hours after the crash, which happened less than 1,000 feet from the bar's parking lot. Case Study 2: San Antonio Bartender Arrested in DWI Probe. Tuesday March 26. 2002. San Antonio TV News 12. In a first-ever arrest in San Antonio, a bartender was recently charged for serving a drunken driver who was later involved in a deadly DWI crash. …."When they find out not only is the drunk driver responsible, but the person who served the alcohol is also responsible." Alcohol Management Program [Restaurant Name] 16 Revised 8/7/2023 Alcohol Management Program Test Employee Test ___________________________ ___________________ __________________ Employee Date Position Instructions: Complete each sentence by filling in the blanks. Refer to the contents of this guide for your answers. 1) Alcohol-related motor vehicle crashes kill someone every _______ minutes and non- fatally injure someone every two minutes. 2) No employee will serve an alcoholic beverage to anyone under the age of ______. 3) All employees will carefully check Identification of anyone who appears to be under ______ years of age. 4) It is the employee's responsibility to notify a manager when a customer shows signs of _____________________ or is requesting alcoholic beverages above the limits of responsible beverage service. 5) Acceptable documentation for identification is a ________________________ ___________________________ or a ________________________________ ______________________________________. 6) The majority of the alcohol is absorbed from the ______________ (approx. 20%) and the __________________________________ (approx. 80%). 7) The presence of food delays ____________________ of alcohol. Alcohol Management Program [Restaurant Name] 17 Revised 8/7/2023 8) Most beers contain ______% alcohol; wines ______% on average, and distilled beverages average from ______% (80 proof) to ______% (100 proof) alcohol. 9) It is a crime to drive with a BAC of _______ percent. 10) There is a ____________ amount of alcohol in such standard drinks as a 12-ounce glass of beer, a 4-ounce glass of wine, and 1.25 ounces of 80 proof liquor. 11) Name at least three common indicators of intoxication. i>_______________________________________________ ii>_______________________________________________ iii>______________________________________________ 12) Name one method of detecting a minor. _______________________________ ________________________________________________________________ 13) Coffee helps an intoxicated person sober up. (True of False) _______________ 14) Your role for Alcohol Awareness involves: i>_______________________________________________ ii>_______________________________________________ iii>______________________________________________ Alcohol Management Program [Restaurant Name] 18 Revised 8/7/2023 15) The manager’s role for Alcohol Awareness involves: i>_______________________________________________ ii>_______________________________________________ iii>______________________________________________ 16) Employees serving alcoholic beverages to an intoxicated patron can be charged with a crime. (True or False) 17) Establishments that serve an intoxicated person cannot be held liable if that person is involved in a crash. (True or False) Alcohol Management Program [Restaurant Name] 19 Revised 8/7/2023 Completion Certificate Alcohol Management Program This certifies that ___________________________________________ has attended and completed the Alcohol Management Program for Maine Shack. Completion of this program and signature of the above-named individual indicates that he/she understands, supports, and will comply with all company policies as well as all state and local laws governing the sale and service of alcoholic beverages. ____________________________ __________________ Employee Signature Date ____________________________ __________________ General Manager’s Signature Date Howard Andrew Ryan President Agenda Item 13 Agenda Item 14 From:Adam Stapen To:Kellogg, Katelyn; Lindsey Sitz Cc:christopher@bookcliffvineyards.com Subject:Bookcliff, LLC - New Vintner"s Restaurant Date:Tuesday, August 22, 2023 10:29:33 AM Attachments:Liquor Excerpts.docx Certificate-Danielle-Bourbeau.pdf Certificate-Lauren-Platman.pdf Certificate-Christopher-Allison.pdf Certificate-Candace-Dickard 230718 203228.pdf Certificate-Jordan-Dickard.pdf Certificate-Will Thompson.pdf External Sender Katelyn – I hope you are well! Attached please find the alcohol policies within the employee handbook, along with certificates of training that was conducted by Patrick Maroney. Please let me know if you need anything else. Take care, and thanks again! Adam Adam P. Stapen, Esq. Dill Dill Carr Stonbraker & Hutchings, P.C. 455 Sherman St., Suite 300 | Denver, CO 80203 303.777.3737 (main) | 303.282.4126 (direct) | 303.777.3823 (fax) astapen@dillanddill.com | www.dillanddill.com Below are excerpts from our Employee handbook with regard to safe service of alcohol and employee use of controlled substances and alcohol for Bookcliff Vineyards. Safe Serving Guidelines The Company does offer alcoholic beverages to customers. It is the job of every employee to keep our customers safe from harm and the Company safe from liability when serving alcoholic beverages to customers. All employees who serve alcoholic beverages to customers are required to complete the TIPS training program, prior to their first shift, and all employees will complete timely recertification. TIPS renewal is needed every two years. Here is where to sign up: https://alcoholbeveragetraining.com/. An employee who fails to abide by the standards described in the TIPS training program and/or in the guidelines described below, may be terminated immediately. All employees are prohibited from consuming alcohol before or during their shift. It is illegal to serve alcohol to anyone under the age of 21. It is the policy of the Company that anyone ordering an alcoholic beverage must show identification evidencing that they are 21 or older, regardless of how old that individual may appear. You may accept the following forms of identification to verify a customer’s age: 1) Driver’s license with photo ID and date of birth; 2) Valid passport with photo ID and date of birth; 3) State issued identification with photo ID and date of birth; or 4) Military ID with photo ID and date of birth. The identification must match the physical characteristics of the guest presenting the identification. Do not serve visibly intoxicated customers. It is important that not only bartenders, but all servers, are watchful and know when to say “enough.” If a customer is slurring words or unsteady, these are indicators that the customer should not be served alcohol. If a customer comes into the restaurant and is already looking like they have had enough, it is your right and obligation to not serve them. The customer might not be happy, but an unhappy customer is easier to deal with than the risk of them harming themselves, disrupting the restaurant or causing an innocent person harm. Be aware of how much alcohol you have served to a particular customer and observe their demeanor overtime. If a customer appears to have had too much to drink, do not serve that customer anymore alcohol. It is best to err on the side of caution, so if you are unsure if a customer has had too much to drink, you may cut them off from further alcohol consumption. After a customer has been refused service, let other servers and bartenders working know about the refusal so they do not mistakenly serve the customer another drink. If a guest is showing visible signs of intoxication, the manager on the duty must be notified immediately. Any guest showing visible signs of intoxication will be strongly urged to use alternative transportation. If, with strong urging, the guest refuses, a reasonable attempt should be made to obtain the keys to the car. If, despite these efforts, the intoxicated customer leaves in his or her vehicle, the license plate number should be noted, and the appropriate law enforcement agency should be notified immediately. 9. CONTROLLED SUBSTANCES AND ALCOHOL To ensure a safe and productive work environment and to safeguard all employees, the Company strictly prohibits the unlawful use, sale, transfer, or possession of all alcoholic beverages, and/or controlled substances on any Company premises, including but not limited to: job sites, Company vehicles, or private vehicles parked on Company premises. In addition, the Company strictly prohibits any employee reporting to and/or being at work under the apparent influence of alcohol or with traces of controlled substances. "Influence of Alcohol" under this statement follows the standards established by the appropriate state laws or guidelines, and "Controlled Substances" are defined as, but not limited to, drugs that are considered illegal under federal, state, or local laws. To clarify, although the Colorado Constitution permits recreational and medical use of marijuana, marijuana is still illegal under federal law, and the Company will treat marijuana as a Controlled Substance, and the same as all other Controlled Substances. Any employee found in violation or suspected of being in violation of this policy will be subject to disciplinary action, up to and including termination. In order to enforce this policy, employees, as a condition of employment, may be required, upon request of Company supervisory personnel, to: (a) Submit to urine and/or blood testing after a conditional job offer has been made; or after any accident, incident or injury; on an annual basis; and/or any time as requested by supervisory personnel. (b) Submit to a search of any vehicle brought upon company premises or work site. (c) Submit to search of any pocket, purse, briefcase, toolbox, desk, file cabinet, locker, or other containers brought on Company premises or jobsite. Employees working on or entering or leaving the premises who refuse to cooperate in an inspection as well as employees who, after the inspection, are believed to be in possession of stolen property or illegal drugs, will be subject to disciplinary action up to and including termination. Consumption of legally purchased alcohol by employees who are at least 21 years of age on company owned and leased property during supervisory sanctioned social gatherings is acceptable. Persons entering the premises who refuse to cooperate in an inspection conducted pursuant to this policy will not be permitted to enter the premises. Employees who must use a prescription drug that causes adverse side effects (e.g. drowsiness, impaired reflexes or reaction time), or may affect ability to perform work in a safe and productive manner, should notify their supervisor prior to starting work or operating Company equipment. Anyone violating this policy may be subject to disciplinary action, up to and including termination. Agenda Item 15