HomeMy WebLinkAbout08.16.23 BLA Minutes BLA 8/16/2023 Minutes
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CITY OF BOULDER
BEVERAGE LICENSING AUTHORITY
* * * HEARING MINUTES * * *
WEDNESDAY, AUGUST 16, 2023, 3:00 P.M. VIRTUAL HEARING
NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA)
DATE OF MEETING: August 16, 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, 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 3 members present at
the time of roll call. Member Califano was not present.
iii. Approval of Beverage Licensing Authority (BLA) minutes from the July 19, 2023,
hearing;
Member Absalom moved, and Member Carr, seconded to approve the minutes from
the July 19, 2023, hearing. Motion Passed 3:0.
iv. Hearing agenda issues from Licensing Clerk;
Katelyn Kellogg reported that Agenda Item 7 will be heard before Agenda Item 6.
2. Matters from the Boulder Police Department (BPD).
No matters were discussed.
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3. Matters from the Responsible Association of Retailers (RAR).
This item was heard after Agenda Item 10. Nathan Dewey reported that trainings are
similar to pre-pandemic registration numbers and that RAR is also appearing at CLAB
meetings.
4. General Public Comments for Future Beverage Licensing Authority Hearings.
No public comment received.
5. Public hearing and consideration hearing and consideration of an application filed on
July 3, 2023 from Vitamin Cottage Natural Food Markets d/b/a Natural Grocers, 2685
Pearl St, Boulder CO 80302; Kemper Isely, Co-President; Zephyr Isely, Co-President;
Heather Isely, Vice President and Secretary; and Michael Pellicori, Manager of Record
with a premise business mailing address for a renewal of a Fermented Malt Beverage
& Wine Retail Off-Premise type liquor license.
Bob Dill, attorney for the licensee appeared for this matter along with Michael Pellicori,
Manager. Mr. Pellicori 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. Mr. Dill waived the reading of procedures.
Mr. Pellicori gave testimony regarding the late filed renewal. The Board asked what
precautions the licensee has taken to avoid late filed renewals in the future.
Member Absalom moved, Member Roberts seconded, to approve the renewal of this
Fermented Malt Beverage & Wine Retail Off-Premise type liquor license. Motion
passed 3:0.
6. Public hearing and consideration of an application filed on April 7, 2023 from Nopalitos
LLC d/b/a Nopalito’s, 2850 Iris Ave, Suite H, Boulder CO 80301; Milton Guevara-Navas,
90% Owner and Registered Manager and Dora Guevara-Gonzalez, 10% Owner with a
premise business mailing address for a renewal of a Hotel-Restaurant type liquor
license.
This item was heard after Agenda Item 7.
Milton Guevara, Owner appeared for this matter. Mr. Guevara 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. Vice Chair Carr
read the procedures into the record.
Mr. Guevara gave testimony regarding the application for renewal and the reason for loss
of possession of premises. The Board requested training documentation and alcohol
policies.
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Member Absalom moved, Member Carr seconded, to approve the renewal for a Hotel-
Restaurant type liquor license with the condition that city licensing is in receipt of the
training materials and alcohol policies by October 8. Motion passed 3:0.
7. Public hearing and consideration of an application filed on May 26, 2023 from
Nopalitos LLC d/b/a Nopalito’s, 1805 29th St, Suite 1138, Boulder CO 80301; Milton
Guevara-Navas, 90% Owner and Registered Manager and Dora Guevara-Gonzalez, 10%
Owner with a premise business mailing address for a Change of Location of a Hotel-
Restaurant type liquor license.
This item was heard before Agenda Item 6.
Milton Guevara, Owner appeared for this matter. Mr. Guevara 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. Vice Chair Carr
read the procedures into the record.
Mr. Guevara gave testimony regarding the application for a change of location and the
reason for the move.
Member Absalom moved, Member Carr seconded, to approve the Change of Location of
a Hotel-Restaurant type liquor license. Motion passed 3:0.
8. Public hearing and consideration of an application filed on June 8, 2023 from The Hapa
Group Inc d/b/a Hapa Sushi Grill and Sake Bar, 1048 Pearl St, Suite 105, Boulder CO
80302; Mark VanGrack, 76.5% Owner, President and Regisitered Manager, and Aaron
Nakamichi, 22.5% Owner and Vice President of Operations with a premise business
mailing address for a modification of a Hotel-Restaurant type liquor license.
Jessica Brookhart, representative for Hapa Sushi and Eva Garretson, representative for
Liquor Pros appeared for this matter. Ms. Brookhart 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. Vice Chair
Carr read the procedures into the record.
Ms. Garretson gave testimony regarding the petitioning report for this application. Ms.
Brookhart gave testimony regarding the operations of the business. The Board asked
questions regarding the public right of way. The Board took a 10 minute recess at 4:11PM
for city staff to research the public right of way. Kristen Teague, Licensing Analyst,
appeared to clarify that the outside patio area is waiting for final approval from the city.
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Member Absalom moved, Member Roberts seconded, to approve this Modification of a
Hotel-Restaurant type liquor license with the condition that the patio is excluded until
proof of possession for the patio is obtained. Motion passed 3:0.
Public hearing and continued consideration of an application filed on May 12, 2023
from Bookcliff LLC d/b/a Bookcliff Vineyards, 1501 Lee Hill Drive, Unit 17, Boulder CO
80304; Tectonic Enterprises, 100% Owner; Christopher Allison, Managing Member and
proposed Registered Manager; Jordan Dickard, Managing Member and William K.
Thompson, Managing Member, with a premise business mailing address for a new
Vintners Restaurant type liquor license.
Adam Stapen, attorney for the licensee appeared for this matter along with Christopher
Allison, Owner and Sylvie Samino, representative from Liquor Pros. Mr. Allison and Ms.
Samino 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. Samino gave testimony regarding the petitioning report. Mr. Allison gave testimony
regarding the operations of the business. The Board requested alcohol policies and
training certificates from the applicant.
Member Carr moved, Member Absalom seconded, to approve the renewal for a Hotel-
Restaurant type liquor license with the condition that city licensing is in receipt of the
training materials and alcohol policies prior to opening. Motion passed 3:0.
9. Public hearing and consideration of an application filed on June 14, 2023 from
Granite Building Bar LLC d/b/a Garage Sale Vintage, 1701 Pearl St, Suite 100, Boulder
CO 80302; Good Baby Management, LLC, 9101 Harlan St, Suite 135, Westminster, CO
80031 with Joshua Sampson, sole member as 100% owner of Granite Building Bar,
LLC d/b/a Garage Sale Vintage, Joshua Sampson, Member with a premise mailing
address of 1701 Pearl St, Suite 100, Boulder CO 80302 for a New Tavern type liquor
license.
Robert Runco, attorney for the licensee appeared for this matter along with Joshua
Sampson, Owner and Sylvie Samino, representative from Liquor Pros. Mr. Sampson and
Ms. Samino 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. Runco waived the reading of procedures.
Ms. Samino gave testimony regarding the petitioning report. Mr. Sampson gave
testimony regarding the operations of the business. The Board requested alcohol
policies and training certificates from the applicant.
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Member Carr moved, Member Absalom seconded, to approve the renewal for a Hotel-
Restaurant type liquor license with the condition that city licensing is in receipt of the
training materials and alcohol policies prior to opening. Motion passed 3:0.
10. Matters from the Senior Counsel
Assistant City Attorney, Christiana McCormick presented information regarding the
ordinance changing the Art Gallery Permit language to Retail Establishment which
passed on second reading unanimously on August 3rd. Ms. McCormick also presented
that Proposition 125 went into effect on March 1, 2023 which means that FMB and
Wine Retailers Off-Premise can conduct tastings. Member Roberts moved, Member
Absalom seconded, an administrative change to the rules to remove the reference to
Retail Liquor Stores and Liquor Licensed Drug Stores as it relates to tastings in section
3.6 of the BLA Rules of Procedure. Motion passed 3:0.
11. Matters from the Licensing Clerk
a. Neighborhood boundary setting for applications for April 19, 2023, BLA
hearing:
i. CST METRO LLC d/b/a CIRCLE K #2741110 for a permanent modification of
a FMB & Wine Retail Off-Premise type liquor license application at 2995
30th St, Boulder CO 80301.
Member Absalom moved, Member Carr seconded to set the boundaries
for this application as follows:
North: Iris Ave. South: Arapahoe Ave. East: 47th Street. West: 19th Street.
ii. CIRCLE K STORES INC d/b/a CIRCLE K STORE #2709851 for a permanent
modification of a FMB & Wine Retail Off-Premise type liquor license
application at 1480 Canyon Blvd, Boulder CO 80302
Member Carr moved, Member Absalom seconded to set the boundaries
for this application as follows:
North: Balsam to Edgewood. South: University Extended. East: Folsom
Street. West: City Limits.
iii. CIRCLE K STORES INC d/b/a CIRCLE K STORE #2709861 for a permanent
modification of a FMB & Wine Retail Off-Premise type liquor license
application at 2877 Baseline Rd, Boulder CO 80303
Member Carr moved, Member Absalom seconded to set the boundaries
for this application as follows:
North: Arapahoe Ave. South: Table Mesa. East: Foothills Parkway. West:
9th Street.
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iv. CIRCLE K STORES INC d/b/a CIRCLE K STORE #2709865 for a permanent
modification of a FMB & Wine Retail Off-Premise type liquor license
application at 3040 Broadway St, Boulder CO 8030
Member Absalom moved, Member Carr seconded to set the boundaries
for this application as follows:
North: Kalmia. South: Mapleton. East: 19th Street. West: City Limits.
v. CIRCLE K STORES INC d/b/a CIRCLE K STORE #2709866 for a permanent
modification of a FMB & Wine Retail Off-Premise type liquor license
application at 3185 28th St, Boulder CO 80301
Member Carr moved, Member Absalom seconded to set the boundaries
for this application as follows:
North: Kalmia. South: Pearl. East: Foothill Parkway. West: 19th Street.
vi. CST METRO LLC d/b/a CIRCLE K STORE #2744057 for a permanent
modification of a FMB & Wine Retail Off-Premise type liquor license
application at 1884 Folsom St, Boulder CO 80302
Member Carr moved, Member Absalom seconded to set the boundaries
for this application as follows:
North: Valmont. South: Arapahoe Ave. East: 30th Street. West: 20th Street.
vii. Boulder Broker Inn LLC d/b/a Broker Swim Club/Bottom of the Rocks for a
new Hotel-Restaurant type liquor license application at 555 30th St,
Boulder CO 80303
Member Absalom moved, Member Carr seconded to set the boundaries
for this application as follows:
North: Canyon. South: Table Mesa to Broadway. East: Foothills Parkway.
West: City Limits
b. Expected Administrative Processing of Liquor License Transfer Applications:
i. The Hapa Group Inc d/b/a Hapa Sushi Grill and Sake Bar transfer of a
Hotel-Restaurant type liquor license at 1048 Pearl St, Suite 105, Boulder
CO 80302
There was no discussion for this transfer application.
c. Breweries, Wineries, and Distilleries requests for local licensing authority
input on Application for Colorado Liquor Sales Room:
None for August
d. Processing of special event liquor permits & temporary modifications not
related to the Outdoor Dining Program:
i. Special Event Liquor Permits list
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e. Informational items
i. Liquor License Renewals Sent List
Katelyn Kellogg asked if the Board would like to see the requested training materials for
the applications in this hearing. The Board discussed that city licensing will include
alcohol policies in the packets if they believe they are not comprehensive enough.
12. Matters from the Chair and Members of the Authority
Member Absalom let the Board know that he will be moving soon.
ADJOURNMENT
Member Absalom moved, Member Carr seconded that this hearing should be adjourned, and
thus, the hearing was adjourned at 5:57 PM. Motion to adjourn approved 3:0.
Attested: Approved:
_________________________________ ___________________________________
Kristen Changaris, Licensing Manager Vice Chair of Beverage Licensing Authority
And Secretary to the Authority