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01.17.24 BLA Packet PUBLIC NOTICE CITY OF BOULDER BEVERAGE LICENSING AUTHORITY HEARING WEDNESDAY, JANUARY 17, 2024, 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 AMENDED 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 November 15, 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. Penko Corporation d/b/a Chicken on the Hill, 1119 13th St, Boulder CO, 80302 – Monthly Status Report to the BLA 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. Continued public hearing and consideration of an application filed on September 11, 2023, from Bunty and Rani Corp d/b/a Broadway Wine and Spirits, 2550 Baseline Road, Boulder, CO 80305; L.W. Farone LLC, Partial Owner, Dana E Strong Living Trust, Partial Owner, Mikael Van Loon, Partial Owner, David Chanknova, Partial Owner, and Nick Patinella, Partial Owner and Proposed Registered Manager, with a business mailing address of 7855 Valmont Road, Boulder CO 80301 for a renewal of a Retail Liquor Store type liquor license. 8. Public hearing and consideration of an application filed on October 30, 2023, from Century Theatres Inc d/b/a Century 16, 4800 Baseline Road, Boulder, CO 80303; Cinemark USA Inc, Stockholder, Mark D Zoradi, CEO, Michael D Cavalier, VP and Secretary, Sean R Gample, EVP and CFO, and Kayla Liszewski, Registered Manager, with a business mailing address of 3900 Dallas Parkway, Plano TX 75093 for a renewal of a Lodging and Entertainment type liquor license. 9. Public hearing and consideration of an application filed on October 27, 2023, from Whole Foods Market Rocky Mountain/Southwest LP d/b/a Whole Foods Market, 695 S Broadway, Boulder, CO 80305; Michael Deal, Director, Anthony Gallo, President and Director, Keith Manbeck, Treasurer, Manager and President, Heather Stern, Vice President and Secretary, Jay Warren, Secretary and Manager, and Kari McGuinness, Registered Manager, with a business mailing address of PO Box 684786, Austin, TX 78768 for a Modification of Premises of a Fermented Malt Beverage and Wine Retail Off-Premise type liquor license. 10. Matters from the City Attorney 11. Matters from the Licensing Clerk a. Neighborhood boundary setting for applications for February 21, 2024 BLA hearing: i. Hill Hotel Operating LLC d/b/a Moxy Boulder for a New Hotel Restaurant type liquor license at 1247 Pleasant Street, Boulder CO 80302 b. Expected Administrative Processing of Liquor License Transfer Applications None for January c. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room None for January 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 ii. BLA Retreat iii. Board Recruitment 12. 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, December 27, 2023 Kristen Changaris, Licensing Manager Published on Sunday, January 7, 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, January 7, 2024 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, January 7, 2024 Page A4 Boulder Daily Camera Digital Edition Sunday, January 7, 2024 Page E6 IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Boulder, Colorado this Tuesday, January 9, 2024. ___________________________________________ Kristen Changaris, Licensing Manager and Secretary to Beverage Licensing Authority BLA 11/15/2023 Minutes Page 1 of 6 CITY OF BOULDER BEVERAGE LICENSING AUTHORITY * * * HEARING MINUTES * * * WEDNESDAY, NOVEMBER 15, 2023, 3:00 P.M. VIRTUAL HEARING NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA) DATE OF MEETING: November 15, 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: 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 2 members present at the time of roll call. Member Carr joined at 3:25PM to make quorum. Member Absalom was absent. iii. Approval of Beverage Licensing Authority (BLA) minutes from the October 18, 2023, hearing; Member Carr moved, and Member Califano, seconded to approve the minutes from the October 18, 2023, hearing. Motion Passed 3:0. iv. Hearing agenda issues from Licensing Clerk; The licensing clerk informed the Board that Agenda Item 7 will need to be continued because the public posting requirement was not set and Agenda Item 12 will have a boundary setting added. 2. Matters from the Boulder Police Department (BPD). BLA 11/15/2023 Minutes Page 2 of 6 Officer Leah Rech and Officer Pam Gignac appeared. Officer Gignac introduced Officer Rech as the new Alcohol Enforcement Officer. Officer Rech presented possible topics for the Board to consider in her new role. 3. Matters from the Responsible Association of Retailers (RAR). Nathan Dewey reported to the Authority that numbers for TIPS trainings are increasing and RAR is working on providing weekend or evening training. Mr. Dewey also notified the authority and the licensing team that RAR is providing letters confirming training because certificates are slightly delayed. RAR has also received a grant from Boulder County. 4. General Public Comments for Future Beverage Licensing Authority Hearings. No public comment received. 5. Penko Corporation d/b/a Chicken on the Hill, 1119 13th St, Boulder CO, 80302 – Monthly Status Report to the BLA Duong Lu, Licensee appeared for this matter. Licensing confirmed that the licensee is compliant with all tax and licensing requirements. 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. Gordon Saur, Employee, appeared for this matter. Mr. Saur 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. Saur gave testimony regarding the late filed renewal and answered questions regarding alcohol policies. Member Carr moved, Member Roberts seconded, to continue the matter to the January hearing. Motion passed 3:0. 7. Public hearing and consideration of an application filed on September 11, 2023, from Bunti and Rani Corp d/b/a Broadway Wine and Spirits, 2550 Baseline Road, Boulder, CO 80305; L.W. Farone LLC, Partial Owner, Dana E Strong Living Trust, Partial Owner, Mikael Van Loon, Partial Owner, David Chanknova, Partial Owner, and Nick Patinella, Partial Owner and Registered Manager, with a business mailing address of 7855 Valmont Road, Boulder CO 80301 for a renewal of a Retail Liquor Store type liquor license. BLA 11/15/2023 Minutes Page 3 of 6 Prab Singh, Employee, appeared for this matter. Mr. Saur 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. Singh explained why the poster was not picked up and confirmed the licensee’s contact information. Member Carr moved, Member Roberts seconded, to continue the matter to the January hearing. Motion passed 3:0. 8. Public hearing and consideration of an application filed on September 18, 2023, from Safeway Stores 46 Inc d/b/a Safeway Store 2911, 2798 Arapahoe Ave, Boulder, CO 80302; Robert Miller, President, Robert Gordon, VP and Secretary, Gary Morton, VP and Treasurer, Laura Donald, VP and Assistant Secretary, and Cheyenne Dodge, Store Manager, with a business mailing address of P.O. Box 29096, Unit MS 6531, Phoenix, AZ 85038 for a Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premises type liquor license. Agenda Items 8 and Agenda Item 9 were read into the record. Brandon Sandberg, attorney for the licensee, appeared for this matter along with Amy Counsellor, representative for Safeway Stores, Dion Steffonich, representative for Safeway Stores, and Eva Garretson, representative from Liquor Pros. Ms. Dietz 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. Ms. Counsellor and Mr. Steffonich gave testimony regarding the operations of the business and the plan for the modifications. Member Califano moved, Member Carr seconded, to approve the Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premise type liquor license. Motion passed 3:0. 9. Public hearing and consideration of an application filed on September 18, 2023, from Safeway Stores 46 Inc d/b/a Safeway Store 2919, 4800 Baseline Road, Boulder, CO 80303; Robert Miller, President, Robert Gordon, VP and Secretary, Gary Morton, VP and Treasurer, Laura Donald, VP and Assistant Secretary, and Jamie Rosales, Store Manager, with a business mailing address of P.O. Box 29096, Unit MS 6531, Phoenix, AZ 85038 for a Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premises type liquor license. BLA 11/15/2023 Minutes Page 4 of 6 Agenda Items 8 and Agenda Item 9 were read into the record. Brandon Sandberg, attorney for the licensee, appeared for this matter along with Amy Counsellor, representative for Safeway Stores, Dion Steffonich, representative for Safeway Stores, and Eva Garretson, representative from Liquor Pros. Ms. Dietz 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. Ms. Counsellor and Mr. Steffonich gave testimony regarding the operations of the business and the plan for the modifications. Member Califano moved, Member Carr seconded, to approve the Permanent Modification of a Fermented Malt Beverage and Wine Retailer Off-Premise type liquor license. Motion passed 3:0. 10. Public hearing and consideration of an application filed on August 30, 2023, from The Med Restaurant Group LLC d/b/a The Mediterranean, 1001 Walnut St, Ste 101B, Boulder, CO 80302; Gemma Williams, 100% Owner and Greg Topel, Registered Manager with a premise business mailing address for a new Hotel-Restaurant type liquor license. Austin Gemmell, attorney for the licensee, appeared for this matter along with Gemma Williams, Owner, Greg Topel, Registered Manager, and Erin McCullough, representative for Oedipus Petitioning. Ms. Williams, Mr. Topel and Ms. McCullough 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. Gemmell waived the reading of procedures. Ms. Topel gave testimony regarding the petitioning report. Mr. Topel and Ms. Williams gave testimony regarding the operations of the business, the licensed premises including the outside and patio areas, and the plan for control. Member Califano moved, Member Carr seconded, to approve the New Hotel- Restaurant type liquor license. Motion passed 3:0. 11. Matters from City Attorney Member Carr received clarification from Assistant City Attorney Christiana McCormick regarding voting on last month’s minutes when he was not present at the meeting. 12. Matters from the Licensing Clerk BLA 11/15/2023 Minutes Page 5 of 6 a. Neighborhood boundary setting for applications for January 17, 2024, BLA hearing: i. Whole Foods Market Rocky Mountain/Southwest LP d/b/a Whole Foods Market for a Permanent Modification of a Fermented Malt Beverage & Wine Retailer Off-Premise type liquor license application at 695 S Broadway, Boulder, CO 80305 Member Califano moved, Member Carr seconded to set the boundaries for this application as follows: North: Baseline. South: City Limits. East: 55th. West: City Limits. b. Expected Administrative Processing of Liquor License Transfer Applications: None for November c. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room: None for November 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 Licensing Manager Kristen Changaris asked the Board if they believed they would be available for a Board retreat on March 13th. Licensing Specialist Katelyn Kellogg notified the Board that Board recruitment would begin in January and more information would be sent to them. 13. Matters from the Chair and Members of the Authority No matters were discussed BLA 11/15/2023 Minutes Page 6 of 6 ADJOURNMENT Member Roberts moved, Member Califano seconded that this hearing should be adjourned, and thus, the hearing was adjourned at 5:40 PM. Motion to adjourn approved 3:0. Attested: Approved: _________________________________ ___________________________________ Kristen Changaris, Licensing Manager Chair of Beverage Licensing Authority And Secretary to the Authority HEARING PROCEDURES OUTLINE City of Boulder Beverage Licensing Authority Application for License Renewal 1) The Chair will call the meeting item to order, and the Licensing Clerk then reads the matter into record 2) The Chair, after calling the meeting item to order, then makes the following opening comments: This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of Applicant [Business Name]: ___________________________, d/b/a [Trade Name]: _________________________, for a renewal of a [Type of License]: _________________ license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado and the Rules of the Beverage Licensing Authority of the City of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this Authority to make the findings and to reach the conclusions required to be made by state law as to whether or not the license shall be renewed. Interested parties are the Applicant, residents of the neighborhood affected by the license as previously determined by the Authority, and the owners and managers of a business located within the neighborhood. This hearing shall be limited to the question of whether there is good cause not to renew the license, as set form in the notice of hearing, dated: _______________. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address. They shall also be sworn in by the Board Secretary. 3) The Chair, then asks the Authority members if anyone has a conflict of interest for this item or if they have and ex-parte contacts regarding this item that they wish to disclose. If there is a conflict of interest or ex-parte contact for an Authority member disclosed, the City Attorney may inquire as to the details of the disclosure. 4) The Chair, then inquires whether there are: i) interested parties present or persons who will act as witnesses for interested parties (they have standing because they reside in or own or manage a business in the designated neighborhood to provide testimony, submit evidence, or cross examine witnesses), or ii) members of the general public who wish to supply comment (they do not have standing as interested parties because they are not located in the designated neighborhood) 5) The Chair asks the Applicant whether they are ready to proceed. If the Applicant answers in the affirmative, then the Chair inquires whether the Interested Parties are ready to proceed and, if they are not, asks for reasons why the application hearing shall not now proceed. 6) If the Applicant and Interested Parties state that they are ready to proceed, then public comment is taken. Public comment is supplied in 3 minutes per person timed increments. 7) The City Attorney or other representative of the Boulder Police Department, will present evidence gathered by the police department, the Licensing Clerk, or other city agencies relevant to the issues framed in the notice. Witnesses may be cross-examined by members of the Authority, representatives of the Boulder Police Department, Interested Parties, and the Applicant. 8) The Applicant then presents their evidence. The Applicant and the applicant’s witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 9) The Interested Parties may then present their evidence in support of or in opposition to the application. The Interested Party and the interested parties’ witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 10) At the Authority’s discretion, the Applicant may present rebuttal evidence. 11) The Chair then closes the matter for Authority deliberations. After this time, no further evidence or testimony may be taken. 12) A member of the Authority then moves, and a member must then second, to approve or disapprove the application or, for good cause, to continue the matter. Authority discussion on the basis for their upcoming vote to the motion should be undertaken by all members. After discussion, a vote is then taken with all members voting to approve or deny the motion. City of Boulder- Finance Dept. 1136 Alpine Ave Boulder, CO 80302 licensing@bouldercolorado.gov (303) 441-4192 (303) 441-1919 (FAX) August 8, 2023 Sent Via Email to: rene.herrera@rapha.cc And Via Certified Mail, Return Receipt Requested 1815 Pearl Street Boulder, CO 80302 Attn: Rene Herrera Re: Rapha Racing LLC d/b/a Rapha for a Beer & Wine liquor license at 1815 Pearl Street, Boulder, CO 80302 Dear Rene Herrera: Please allow this letter to serve as written acknowledgement that you are scheduled to attend a hearing to determine if there is good cause for non-renewal of your annual liquor license. To recap, the city is in receipt of the state and city license renewal applications and the city renewal fees for your license. However, you are not sales tax compliant, and as such they can not authorize renewal of your license. City licensing staff has reached out to you regarding this matter on 4/10/23, 5/8/23, 6/6/23 and 7/28/23. As of 8/4/23 you are still non-compliant with city sales tax. Therefore, this renewal will be set for a license renewal hearing before the Boulder Beverage Licensing Authority (BLA). Among other factors, at the discretion of the BLA, the conditions that you should be prepared to address in the renewal hearing, include but are not limited to: a. All employees involved in the service of alcohol, including, without limitation, managers, bartenders, and servers, shall attend a state-certified Responsible Vendor alcohol service class within two months from the initial approval of this license. New employees shall take such class within two months of their hire. Re-certification must be undertaken so that they remain current with training. Licensee must explain why city renewal application did not include adequate training information. b. Licensee should be prepared to address the operation of their licensed premise in consideration of applicable State law, including, but not limited to §44-3-302, C.R.S. and BLA Rules of Procedure, Subsection 8-1-9 which states, “Subsection 8-1-9 Grounds for Non-Renewal of License. Objections to renewal of a license must be for good cause. Evidence of good cause to deny a renewal may include, but shall not be limited to, the following: (A) Evidence that the licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Colorado Liquor Code or any related rules and regulations; (B) Evidence that the licensee or applicant has City of Boulder- Finance Dept. 1136 Alpine Ave Boulder, CO 80302 licensing@bouldercolorado.gov (303) 441-4192 (303) 441-1919 (FAX) failed to comply with any special terms or conditions that were placed on its license in prior disciplinary proceedings or arose in the context of potential disciplinary proceeding; or (C) Evidence that the licensed premises have been operated in a manner that adversely affects the public health, welfare or safety of the immediate Neighborhood in which the establishment is located, including a continuing pattern of fights, violent activity or disorderly conduct.” “Disorderly conduct” has the same meaning as in §18-9-106, C.R.S. The licensee will then be scheduled and are hereby ordered to participate in a virtual Beverage Licensing Authority hearing on Wednesday, September 20, 2023 at 3:00 PM to determine if there is good cause not to renew the annual liquor license. The licensee may have a legal representative attend this hearing with but are not required to do so. You, or an employee, should visit my office on Thursday, September 7, 2023 to pick up a hearing notification poster, such poster should be conspicuously posted on the premises (for instance on the front door or front window glass at the licensed location) at least by Saturday, September 9, 2023 remaining posted for the 10 day plus period until the renewal hearing. If you wish to submit any additional materials for the BLA renewal hearing, you should supply to City Licensing those materials that you would like to provide to the BLA for this matter by Monday, September 11, 2023 via email to licensingonline@bouldercolorado.gov The State Liquor License Code is available for your review at: Liquor Enforcement Laws, Rules, Regulations | Department of Revenue – Enforcement (colorado.gov) and the city of Boulder Beverages Licensing Authority Rules of Procedures are available at: BLA_Rules_of_Procedure_complete._Jan._21._2020-1-202002060901.pdf (bouldercolorado.gov) In the alternative, I can provide you with a hard copy of the BLA Rules of Procedure at your request. If you have questions, or require additional information, please contact me at the below listed numbers. Sincerely, Christopher Stapor Licensing Specialist Main: (303) 441-3401 staporc@bouldercolorado.gov Website: www.bouldercolorado.gov/licensing City of Boulder- Finance Dept. 1136 Alpine Ave Boulder, CO 80302 licensing@bouldercolorado.gov (303) 441-4192 (303) 441-1919 (FAX) CERTIFICATE OF MAILING I hereby certify that on this 8th day of August 2023, a true and correct copy of the above correspondence was duly mailed by placing same in the U.S. Mail, certification #70122920000031054686, return receipt requested, postage prepaid, addressed to the following. 1815 Pearl Street Boulder, CO 80302 Attn: Rene Herrera Christopher Stapor Licensing Specialist Christopher Stapor Rapha Boulder Responsible Alcohol Policy Goals: Promoting moderation, safety, and well-being before, during, and after times in which alcohol is consumed on premises. Policy Rules: 1. Alcohol is only to be served to those over the age of 21, and those who are not intoxicated or appear visibly intoxicated. 2. Rapha Boulder expects its trained employees to ID each and every guest before they are served alcohol. 3. Guest’s without ID, or with faulty, fake, or suspicious looking ID will be refused service. 4. Guests who are engaging in third party distribution will also be refused, hence only one drink will be served to a guest at a time. 5. Rapha employees will engage in each transaction of an alcoholic beverage separately. If a guest seems to have become intoxicated during the course of the event, or now seems to be giving beverages to others, service will be refused to this guest from then on. 6. It is not expected or encouraged for any guest to consume alcohol. During events with alcoholic beverages, Rapha Boulder will also provide a range of non-alcoholic beverages to guests. 7. In order to encourage safety and well-being, guests who are refused alcohol will be offered non-alcoholic beverages instead. 8. Alcohol will only be consumed at special events put on by Rapha Boulder, in which guests are expected to have RSVP’ed. For guests who have not RSVP’ed, Rapha Boulder reserves the right to refuse service for any of the reasons above, or for any reason necessary. 9. Alcohol will be ordered for individual events, in respect to the number of RSVPs to the event to prevent excess alcohol on premises. Thus, Rapha will limit the number of alcoholic beverages consumed by each guest, insuring no guest consumes too much, and that beverages are consumed in moderation by those who wish to partake in consumption. 10. During times in which alcohol is being consumed, alcohol will not leave the premises of the store. 11. It is expected that employees of Rapha Boulder who are serving alcohol will not consume alcohol before or during any events in which alcohol is present. Their ﬁrst responsibility is to insure the safe consumption of alcohol and the prohibition of alcohol to those who are not of age or are intoxicated. Preventative Measures As well as IDing guests for each beverage, Rapha Boulder and its employees will take the following precautions in regards to consumption of alcohol. 12. Rapha Boulder will not tolerate aggression, threatening behavior, or any inappropriate behavior by guests. In the case in which guests are acting in such a way, they will be refused service and asked to leave. 13. The Boulder authorities will be called if needed to deal with guests who are not acting in accordance with the expectations set by Rapha Boulder’s policy. 14. As part of Rapha Boulder’s policy of keeping record of the day to day activities in the store, it is expected that events with alcohol present will be recorded as part of this practice. 15. Employees keeping record of the events are expected to take special care in cases of excess alcoholic consumption by guests, cases in which IDs are refused, cases in which alcohol is not being consumed responsibly, and in cases in which there is potential for misuse or breach of policy. HEARING PROCEDURES OUTLINE City of Boulder Beverage Licensing Authority Application for License Renewal 1) The Chair will call the meeting item to order, and the Licensing Clerk then reads the matter into record 2) The Chair, after calling the meeting item to order, then makes the following opening comments: This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of Applicant [Business Name]: ___________________________, d/b/a [Trade Name]: _________________________, for a renewal of a [Type of License]: _________________ license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado and the Rules of the Beverage Licensing Authority of the City of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this Authority to make the findings and to reach the conclusions required to be made by state law as to whether or not the license shall be renewed. Interested parties are the Applicant, residents of the neighborhood affected by the license as previously determined by the Authority, and the owners and managers of a business located within the neighborhood. This hearing shall be limited to the question of whether there is good cause not to renew the license, as set form in the notice of hearing, dated: _______________. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address. They shall also be sworn in by the Board Secretary. 3) The Chair, then asks the Authority members if anyone has a conflict of interest for this item or if they have and ex-parte contacts regarding this item that they wish to disclose. If there is a conflict of interest or ex-parte contact for an Authority member disclosed, the City Attorney may inquire as to the details of the disclosure. 4) The Chair, then inquires whether there are: i) interested parties present or persons who will act as witnesses for interested parties (they have standing because they reside in or own or manage a business in the designated neighborhood to provide testimony, submit evidence, or cross examine witnesses), or ii) members of the general public who wish to supply comment (they do not have standing as interested parties because they are not located in the designated neighborhood) 5) The Chair asks the Applicant whether they are ready to proceed. If the Applicant answers in the affirmative, then the Chair inquires whether the Interested Parties are ready to proceed and, if they are not, asks for reasons why the application hearing shall not now proceed. 6) If the Applicant and Interested Parties state that they are ready to proceed, then public comment is taken. Public comment is supplied in 3 minutes per person timed increments. 7) The City Attorney or other representative of the Boulder Police Department, will present evidence gathered by the police department, the Licensing Clerk, or other city agencies relevant to the issues framed in the notice. Witnesses may be cross-examined by members of the Authority, representatives of the Boulder Police Department, Interested Parties, and the Applicant. 8) The Applicant then presents their evidence. The Applicant and the applicant’s witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 9) The Interested Parties may then present their evidence in support of or in opposition to the application. The Interested Party and the interested parties’ witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 10) At the Authority’s discretion, the Applicant may present rebuttal evidence. 11) The Chair then closes the matter for Authority deliberations. After this time, no further evidence or testimony may be taken. 12) A member of the Authority then moves, and a member must then second, to approve or disapprove the application or, for good cause, to continue the matter. Authority discussion on the basis for their upcoming vote to the motion should be undertaken by all members. After discussion, a vote is then taken with all members voting to approve or deny the motion. City of Boulder- Finance Dept. 1136 Alpine Ave Boulder, CO 80302 licensing@bouldercolorado.gov (303) 441-4192 (303) 441-1919 (FAX) September 21st, 2023 Sent Via Email to broadwayws2550@gmail.com And Via Certified Mail, Return Receipt Requested 2550 Baseline Road, Boulder CO 80305 Attn: Phardeep Tathgur Re: Renewal Application for Bunty and Rani Corp. d/b/a Broadway Wine and Spirits Dear Phardeep Tathgur: Please allow this letter to serve as written acknowledgement that you are scheduled to attend a hearing to determine if there is good cause for non-renewal of your annual liquor license. To recap, the city is in receipt of the state and city license renewal applications and the city renewal fees for your license which were filed past your license expiration date. Your license expired on September 6th, 2023. However, we received the applications on September 12th, 2023. The Beverage Licensing Authority Rules of Procedure preclude me from approving a license renewal via Summary Approval if the renewal is submitted after the license has expired. Therefore, this renewal will be set for a license renewal hearing before the Boulder Beverage Licensing Authority (BLA). Among other factors, at the discretion of the BLA, the conditions that you should be prepared to address in the renewal hearing, include but are not limited to: a. All employees involved in the service of alcohol, including, without limitation, managers, bartenders, and servers, shall attend a state-certified Responsible Vendor alcohol service class within two months from the initial approval of this license. New employees shall take such class within two months of their hire. Re-certification must be undertaken so that they remain current with training. Licensee must explain why city renewal application did not include adequate training information. Proof of training was not included in your application. b. Licensee should be prepared to address the operation of their licensed premise in consideration of applicable State law, including, but not limited to §44-3-302, C.R.S. and BLA Rules of Procedure, Subsection 8-1-9 which states, “Subsection 8-1-9 Grounds for Non-Renewal of License. Objections to renewal of a license must be for good cause. Evidence of good cause to deny a renewal may include, but shall not be limited to, the following: (A) Evidence that the licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Colorado Liquor Code or any related rules and regulations; (B) Evidence that the licensee or applicant has failed to comply with any special terms or conditions that were placed on its license in prior City of Boulder- Finance Dept. 1136 Alpine Ave Boulder, CO 80302 licensing@bouldercolorado.gov (303) 441-4192 (303) 441-1919 (FAX) disciplinary proceedings or arose in the context of potential disciplinary proceeding; or (C) Evidence that the licensed premises have been operated in a manner that adversely affects the public health, welfare or safety of the immediate Neighborhood in which the establishment is located, including a continuing pattern of fights, violent activity or disorderly conduct.” “Disorderly conduct” has the same meaning as in §18-9-106, C.R.S. The licensee will then be scheduled and are hereby ordered to participate in a virtual Beverage Licensing Authority hearing on Wednesday, November 15th, 2023 at 3:00 PM to determine if there is good cause not to renew the annual liquor license. The licensee may have a legal representative attend this hearing with but are not required to do so. You, or an employee, should visit my office on Thursday, November 2nd, 2023 to pick up a hearing notification poster, such poster should be conspicuously posted on the premises (for instance on the front door or front window glass at the licensed location) at least by Saturday, November 4th, 2023 remaining posted for the 10 day plus period until the renewal hearing. If you wish to submit any additional materials for the BLA renewal hearing, you should supply to City Licensing those materials that you would like to provide to the BLA for this matter by Tuesday, November 7th, 2023 via email to licensingonline@bouldercolorado.gov. The State Liquor License Code is available for your review at: https://www.colorado.gov/pacific/enforcement/liquor-enforcement-laws-rules-regulations and the city of Boulder Beverages Licensing Authority Rules of Procedures are available at: https://bouldercolorado.gov/government/board-commission/beverage-licensing-authority In the alternative, I can provide you with a hard copy of the BLA Rules of Procedure at your request. If you have questions, or require additional information, please contact me at the below listed numbers. Sincerely, Sarah Riggs Sarah Riggs Licensing Specialist Main: (303)-441-3151 riggss@bouldercolorado.gov Website: https://bouldercolorado.gov/government/departments/regulatory-licensing City of Boulder- Finance Dept. 1136 Alpine Ave Boulder, CO 80302 licensing@bouldercolorado.gov (303) 441-4192 (303) 441-1919 (FAX) CERTIFICATE OF MAILING I hereby certify that on this 21st day of September 2023, a true and correct copy of the above correspondence was duly mailed by placing same in the U.S. Mail, certification #70122920000031054792, return receipt requested, postage prepaid, addressed to the following. 2550 Baseline Road, Boulder CO 80305 Attn: Phardeep Tathgur Sarah Riggs Sarah Riggs Licensing Specialist 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 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. Page 1 of 5 Permit Application and Report of Changes All Answers Must Be Printed in Black Ink or Typewritten 1. Applicant is a F Corporation ........................F Individual FPartnership ........................FLimited Liability Company License Number 2. Name of Licensee 3. Trade Name of Establishment (DBA) 4. Address of Premises (specify exact location of premises) 5. Business Email Address City County State ZIP Business Phone Number SELECT THE APPROPRIATE SECTION BELOW AND PROCEED TO THE INSTRUCTIONS ON PAGE 2. Section A – Manager Reg/Change Section C F Manager's Registration (Hotel & Restr.) ........... $30.00 F Manager's Registration (Tavern) ...................... $30.00 F Manager's Registration (Lodging & Entertainment) .......................... $30.00 F Change of Manager (Other Licenses pursuant to section 44-3-301(8), C.R.S.) NO FEE Please note that Manager's Registration for Hotel & Restaurant, Lodging & Entertainment, and Tavern licenses requires a local fee with submission to the local licensing authority as well. Please reach out to local licensing authorities directly regarding local processing and fees. F Retail Warehouse Storage Permit (ea) ............ $100.00 F Wholesale Branch House Permit (ea) .............. $100.00 F Change Corp. or Trade Name Permit (ea) ......... $50.00 F Change Location Permit (ea) ........................... $150.00 F Winery/Limited Winery Noncontiguous or Primary Manufacturing Location Change .............................$150.00 F Change, Alter or Modify Premises $150.00 x Total Fee: F Addition of Optional Premises to Existing H/R $100.00 x Total Fee: Section B – Duplicate License F Addition of Related Facility to an Existing Resort or Campus Liquor Complex F Duplicate License ............................................. $50.00 $160.00 x Total Fee: F Campus Liquor Complex Designation ...............No Fee F Sidewalk Service Area ....................................... $75.00 Do Not Write in This Space – For Department of Revenue Use Only Date License Issued License Account Number Period The State may convert your check to a one time electronic banking transaction. Your bank account may be debited as early as he same day received by the State. If converted, your check will not EHUHWXUQHG,I\RXUFKHFNLVUHMHFWHGGXHWRLQVXI¿FLHQWRUXQFROOHFWHGIXQGVWKH'HSDUWPHQW of Revenue may collect the payment amount direc ly from your bank account electronically. TOTAL AMOUNT DUE $ .00 DR 8442 (02/23/23) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 04-01439 Whole Foods Market Rocky Mountain/Southwest, L.P. Whole Foods Market 695 S. Broadway jacob.creswell@wholefoods.com Boulder Boulder CO 80305 303-376-6980 1 150.00 Page 2 of 5 Instruction Sheet For All Sections, Complete Questions 1-5 Located on Page 1 Section A To Register or Change Managers, check the appropriate box in section A and complete question 9 on page 4. Proceed to the Oath of Applicant for signature. Submit to State Licensing Authority for approval. Section B For a Duplicate license, be sure to include the liquor license number in section B on page 1 and proceed to page 5 for Oath of Applicant signature. Section C Check the appropriate box in section C and proceed below. 1) For a Retail Warehouse Storage Permit, go to page 3 complete question 5 (be sure to check the appropriate box). Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Submit to the State Licensing Authority for approval. 2) For a Wholesale Branch House Permit, go to page 3 and complete question 5 (be sure to check the appropriate box). Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Submit to the State Licensing Authority for approval. 3) To Change Trade Name or Corporation Name, go to page 3 and complete question 6 (be sure to check the appropriate box). Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to the Local Liquor Licensing Authority (City or County). Manufacturer, Wholesaler and Importer's Liquor Licenses submit to the State Liquor Licensing Authority. 4) To modify Premise, or add Sidewalk Service Area, go to page 4 and complete question 10. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to the Local Liquor Licensing Authority (City or County). Manufacturer, Wholesaler and Importer's Liquor Licenses submit to the State Liquor Licensing Authority. 5) For Optional Premises go to page 4 and complete question 10. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to the Local Liquor Licensing Authority (City or County). 6) To Change Location, go to page 3 and complete question 7. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit permit application or report of change to the Local Liquor Licensing Authority (City or County). Manufacturer, Wholesaler and Importer's Liquor Licenses submit to the State Liquor Licensing Authority. 7) Winery/Limited Winery Noncontiguous or Primary Manufacturing Location Change, go to page 4, and complete question 8. Use this section to make a current Noncontiguous Manufacturing Location into a Primary Manufacturing Location, or a Primary Manufacturing Location into a Noncontiguous Manufacturing Location. To be eligible for a Winery/Limited Winery Noncontiguous or Primary Manufacturing Location Change, you must be a Colorado state licensed manufacturer of vinous liquor pursuant to section 44-3-402 or 44-3-403, C.R.S. 8) Campus Liquor Complex Designation, go to page 5 and complete question 11. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. 9) To add another Related Facility to an existing Resort or Campus Liquor Complex, go to page 5 and complete question 12. DR 8442 (02/23/23) Page 3 of 5 DR 8442 (02/23/23)Storage Permit5. Retail Warehouse Storage Permit or a Wholesalers Branch House Permit Retail Warehouse Permit for: On–Premises Licensee (Taverns, Restaurants etc.) Off–Premises Licensee (Liquor stores) Wholesalers Branch House Permit Address of storage premise: City , County ZIP Attach a deed/lease or rental agreement for the storage premises. Attach a detailed diagram of the storage premises.Change Trade Name orCorporate Name6. Change of Trade Name or Corporation Name Change of Trade name/DBA only Corporate Name Change (Attach the following supporting documents) &HUWL¿FDWHRI$PHQGPHQW¿OHGZLWKWKH6HFUHWDU\RI6WDWHRU 6WDWHPHQWRI&KDQJH¿OHGZLWKWKH6HFUHWDU\RI6WDWHand 3. Minutes of Corporate meeting, Limited Liability Members meeting, Partnership agreement. Old Trade Name New Trade Name Old Corporate Name New Corporate Name Change of Location7. Change of Location NOTE TO RETAIL LICENSEES: An application to change location has a local application fee of $750 payable to your local licensing authority. You may only change location within the same jurisdiction as the original license that was issued. Pursuant to 44-3-311(1) &56<RXUDSSOLFDWLRQPXVWEHRQ¿OHZLWKWKHORFDODXWKRULW\WKLUW\GD\VEHIRUHDSXEOLFKHDULQJFDQEHKHOG 'DWH¿OHGZLWK/RFDO$XWKRULW\ Date of Hearing (a) Address of current premises City County ZIP (b) Address of proposed New Premises (Attach copy of the deed or lease that establishes possession of the premises by the licensee) Address City County ZIP (c) New mailing address if applicable. Address City County State ZIP (d) Attach detailed diagram of the premises showing where the alcohol beverages will be stored, served, possessed or consumed. Include kitchen area(s) for hotel and restaurants. Page 5 of 5Campus Liquor Complex Designation11. Campus Liquor Complex Designation An institution of higher education or a person who contracts with the institution to provide food services (a) I wish to designate my existing ________________ Liquor License # ________________ to a Campus Liquor Complex ........................................................................................................................ Yes No Additional Related Facility12. Additional Related Facility To add a Related Facility to an existing Resort or Campus Liquor Complex, include the name of the Related Facility and include the address and an outlined drawing of the Related Facility Premises. (a) Address of Related Facility _____________________________________________________________ (b) Outlined diagram provided ....................................................................................................... Yes No Oath of Applicant I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge Signature Print name and Title Date Report and Approval of LOCAL Licensing Authority (CITY / COUNTY) The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the applicable provisions of Title 44, Articles 4 and 3, C.R.S., as amended. Therefore, This Application is Approved. Local Licensing Authority (City or County)'DWH¿OHGZLWK/RFDO$XWKRULW\ Signature Title Date Report of STATE Licensing Authority 7KHIRUHJRLQJKDVEHHQH[DPLQHGDQGFRPSOLHVZLWKWKH¿OLQJUHTXLUHPHQWVRI7LWOH$UWLFOH&56DVDPHQGHG Signature Title Date DR 8442 (02/23/23) DatePrint name and TitleSignature Jay Warren, Secretary 10/23/23 ADMINISTRATIVE REVIEW NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department: DECISION: APPROVED DATE: October 16, 2023 REQUEST TYPE:Zoning Verification Letter ADDRESS:695 S BROADWAY APPLICANT:WHOLE FOODS MARKET ROCKY MOUNTAIN/SOUTHWEST, LP RENEE MILLER CASE NUMBER:ADR2023-00169 LEGAL DESCRIPTION:TRACT 2840 BLK B MARTIN ACRES 3LESS STRIP 10 X 342 FT TO CITY OF BOULDER, City of Boulder, County of Boulder, Colorado DESCRIPTION:Zoning Verification for BLA LAND USES The proposed use of Whole Foods located at 695 S Broadway 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):n/a 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 Whole Foods to utilize the space at 695 S Broadway with the following operational characteristics: Indoor Premise:28,890 s.f.Outdoor Patio:n/a Indoor Seating Capacity: 77 Outdoor Seating Capacity: 22 Hours of Operation: 8:00 a.m. –9:00 p.m. Seven days a week Hours of Operation for Outdoor Patio: n/a The applicant shall be responsible for ensuring that the development is compliant with the Written Statement approved October 16, 2023, and final approved plans approved October 16, 2023, on file with the City of Boulder Planning Department. Further, the Applicant shall ensure that the approved use is operated in compliance with the 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 7A.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: Ayanna Reed, Planning Department Trade Name Business Name for Non-profit Event DescriptionEvent Series (Concerts & 1st Fridays) The Spark SEP - The Spark - Event Series (Concerts & 1st Fridays) on 9/1/23, 9/17/23, 11/3/23, 11/12/23, 12/1/23, 12/17/23, 12/22/23.2023 Soiree Boulder Climbing Community SEP-Boulder Climbing Community 2023 Soiree-11/9/2023 from 6PM- at Rembrandt YardBusiness After Hours Boulder Chamber SEP-Boulder Chamber's Business After Hours at 2375 Canyon Blvd, Boulder CO 80302 on 12/20/2023 from 5:00PM-6:30PM Holiday Market @ The Studio (Boulder) The Catamounts SEP-The Catamounts-Holiday Market @ The Studio (Boulder)-12/14/2023 5:30PM-8:30PMCamp 6 Road Movie Screening Overland Expo Foundation SEP - Overland Expo Foundation, Camp 6 Road Movie Screening on 11/11/2023 Nosh and Network Holiday Party Boulder JCC Boulder JCC, Nosh and Network Holiday Party on 12/12/2023 Gallery Opening with Paula Pollachek Boulder JCC SEP - Gallery Opening with Paula Pollachek at Boulder JCC on 12/7/2023Brian Manning's Client Appreciation Party Conscious Alliance SEP - Conscious Alliance, Brian Manning's Client Appreciation Party on 11/11/2023 Heroes & Hope Resource Central SEP-Heroes & Hope at Boulder JCC on 11/17/23 from 1PM-9PMAMGA Award Ceremony Event American Mountain Guides Association SEP-AMGA Award Ceremony Event 11/14/2023 Holi-Gay Party Out Boulder County SEP-Out Boulder County, Holi-Gay Party on 12/5/23The Gift Tara Institute of the Performing Arts SEP-The Gift, Tara Institute of the Performing Arts 12/8/2023 12/9/2023 5:00pm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") -+!&,&$%- """# -./ (01 %. 923<3%9)C&D-2$%=69B8+!2+3&''$ #+!&,&$%- - 31 , $%&' !" # ( % ( %$ $%) Wh>/EKd//dzK&Kh>ZsZ'>/E^/E'hd,KZ/dzEEh>ZdZdtE^z͕DZ,ϭϯ͕ϮϬϮϰdϰ͗ϬϬWDϭϭϯϲ>W/EsEh͕Kh>Z͕KϴϬϯϬϰdKW/^ ϭ͘DĞŵďĞƌƌŽůůĐĂůů Ϯ͘^ƵŵŵĂƌǇŽĨƉƉůŝĐĂƚŝŽŶƐWƌŽĐĞƐƐĞĚŝŶϮϬϮϯ ϯ͘ŽƵůĚĞƌWŽůŝĐĞĞƉĂƌƚŵĞŶƚ͗>ŝƐƚŽĨ>ƉƌŝŽƌŝƚŝĞƐ ϰ͘KWƌŽĐĞĚƵƌĂůdƌĂŝŶŝŶŐ ϱ͘hƉĚĂƚĞƐƚŽZƵůĞƐŽĨWƌŽĐĞĚƵƌĞ ϲ͘&ƵƚƵƌĞ>DĞĞƚŝŶŐ&ŽƌŵĂƚ ϳ͘ŽŵŵĞŶƚƐĨƌŽŵ>ŝĐĞŶƐŝŶŐ ϴ͘ŽŵŵĞŶƚƐĨƌŽŵƐƐŝƐƚĂŶƚŝƚǇƚƚŽƌŶĞǇ ϵ͘ŽŵŵĞŶƚƐĨƌŽŵŚĂŝƌĂŶĚ>DĞŵďĞƌƐ ĚũŽƵƌŶŵĞŶƚ From:Kellogg, Katelyn To:LicensingOnline Bcc:mdcalifano; Michaelcarr150@gmail.com; Leah Roberts; Michael Absalom; Nathan Dewey Subject:FW: Volunteer for a Board or Commission to help shape Boulder’s future Date:Wednesday, December 27, 2023 5:21:00 PM Attachments:image001.png Good afternoon, Please see below for important information regarding recruitment for the City of Boulder Beverage Licensing Authority. The Beverage Licensing Authority has two vacancies to fill; both positions are 5 year terms. Members of the Beverage Licensing Authority must be 21 years of age and a Boulder resident. Recruitment ends January 29, 2024. See below for more detailed information. Thank you and Happy New Year! Katelyn Kellogg Licensing Specialist 1136 Alpine Avenue – Boulder CO 80304 BoulderColorado.gov KelloggK@bouldercolorado.gov licensingonline@bouldercolorado.gov 303-441-3039 My hours are typically 7AM-5:30PM Monday-Thursday Regulatory Licensing Office staff members are still working remotely and continue to provide services via our online portal, by email and by phone. · Please see our website at: Regulatory Licensing | City of Boulder (bouldercolorado.gov)for all application webpages for forms and instructions on how to submit license applications via our Online CSS System. For questions please email LicensingOnline@bouldercolorado.gov Sender and receiver should be mindful that all incoming and outgoing emails may be subject to the Colorado Open Records Act, § 24-72- 200.1, et seq. From: City of Boulder News <cobnews@bouldercolorado.gov> Sent: Monday, December 18, 2023 9:22 AM Subject: Volunteer for a Board or Commission to help shape Boulder’s future NEWS Monday, Dec. 18, 2023 Media Contact: Sam Clusman, Media Relations, 303-441-4247 bouldercolorado.govௗ Volunteer for a Board or Commission to help shape Boulder’s future Recruitment is open through Monday, Jan. 29. BOULDER, Colo. – Volunteers appointed to serve on a board or commission help City Council examine issues and, in turn, work with elected officials and staff to shape the future of Boulder. Board and Commission meetings are now offered in a hybrid format allowing members the option to participate in-person or virtually. Members are also offered an EcoPass to enjoy unlimited rides on RTD trains and buses. The following boards and commissions will be filling vacancies for 2024: Arts Commission Beverage Licensing Authority Board of Zoning Adjustment Boulder Junction Access District - Parking Commission Boulder Junction Access District - Travel Demand Management Commission Cannabis Licensing Advisory Board Colorado Chautauqua Association Design Advisory Board Downtown Management Commission Environmental Advisory Board Housing Advisory Board Housing Authority – Boulder Housing Partners Human Relations Commission Landmarks Board Open Space Board of Trustees Parks and Recreation Advisory Board Planning Board Transportation Advisory Board University Hill Commercial Area Management Commission Water Resources Advisory Board Applications will be open until Monday, Jan. 29, 2024, and applicants must be at least 18 years of age and a resident of Boulder for at least one year prior to March 2024. Applicants for the Beverage Licensing Authority and Cannabis Licensing Advisory Board must be 21 years of age and a resident of Boulder for at least one year prior to March 2024. For more information about the City of Boulder’s boards and commissions, visit the city's Boards and Commissions webpage. Please contact the City Clerk’s Office at 303-441-4222 or via email at cityclerksoffice@bouldercolorado.gov if you have questions or need assistance with the applications. --CITY--