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HomeMy WebLinkAbout08.16.23 BLA Minutes BLA 8/16/2023 Minutes Page 1 of 7 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. BLA 8/16/2023 Minutes Page 2 of 7 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. BLA 8/16/2023 Minutes Page 3 of 7 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. BLA 8/16/2023 Minutes Page 4 of 7 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. BLA 8/16/2023 Minutes Page 5 of 7 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. BLA 8/16/2023 Minutes Page 6 of 7 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 BLA 8/16/2023 Minutes Page 7 of 7 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