01.17.24 BLA Minutes BLA 01/17/2024 Minutes
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CITY OF BOULDER
BEVERAGE LICENSING AUTHORITY
* * * HEARING MINUTES * * *
WEDNESDAY, JANUARY 17, 2024, 3:00 P.M. VIRTUAL HEARING
NAME OF BOARD/COMMISSION: Beverage Licensing Authority (BLA)
DATE OF MEETING: January 17, 2024
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, Mike Absalom and Leah Roberts
Staff Present: Roberto Ramirez, Deputy City Attorney, 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 4 members present at the time of roll
call.
iii. Approval of Beverage Licensing Authority (BLA) minutes from the November 15,
2023, hearing;
Member Carr moved, and Member Roberts seconded to approve the minutes from
the November 15, 2023 hearing. Member Absalom abstained. Motion Passed 3:0.
iv. Hearing agenda issues from Licensing Clerk;
No issues presented.
2. Matters from the Boulder Police Department (BPD).
Officer Leah Rech appeared and informed the Authority that over 1,400 fraudulent IDs
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have been collected and that two show cause hearings will be scheduled in the next few
months. Member Califano asked if compliance checks will begin and Officer Rech
confirmed that herself and Officer Gignac will begin to perform compliance checks
together.
3. Matters from the Responsible Association of Retailers (RAR).
No matters were discussed.
4. General Public Comments for Future Beverage Licensing Authority Hearings.
No public comment received.
5. 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 was
not compliant with sales tax until January 16, 2024 but is now 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.
Rene Herrera, Manager, appeared for this matter. Mr. Herrera 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. Herrera gave testimony regarding the late filed renewal and answered questions
regarding alcohol service, alcohol polices and the type of events the business will be
hosting.
Member Absalom moved, Member Califano seconded, to approve the renewal for a Beer
and Wine type liquor license. Motion passed 4:0.
7. Continued 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.
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Pardeep Singh, accountant for licenseee, appeared for this matter. Mr. Singh 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 testified to the reasons for the late filed renewal and informed the Authority
that policies have been put in place to avoid a late filed renewal in the future.
Member Carr moved, Member Absalom seconded, to approve the renewal for a Retail
Liquor Store type liquor license. Motion passed 4:0.
8. Public hearing and consideration of an application filed on October 30, 2023, from
Century Theatres Inc d/b/a Century 16, 1700 29th Street, 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.
Brian Profitt, attorney for the licensee, appeared for this matter along with Matt Dunne,
Senior Director of Food and Beverage for Cinemark. Mr. Dunne 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. Profitt waived
the reading of procedures.
Mr. Profitt confirmed the address of the business is 1700 29th Street, Boulder, CO 80303.
Mr. Profitt and Mr. Dunne gave testimony regarding the reasons for late filed renewal
and the steps that will be taken to prevent late filing in the future.
Member Califano moved, Member Roberts seconded, to approve the renewal of a Lodging
and Entertainment type liquor license. Motion passed 4:0.
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.
Kevin Coates, attorney for the licensee, appeared for this matter along with Jared Pinkos,
manager of Whole Foods Market, and Eva Garretson, representative from Liquor Pros.
Mr. Pinkos and Ms. Garretson were sworn in and confirmed the 10-day legal posting
requirement. No ex-parte communications were disclosed by Authority Members. No
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public comment was received. Mr. Coates waived the reading of procedures.
Ms. Garretson gave testimony regarding the petitioning report. Mr. Pinkos gave
testimony regarding the operations of the business, the premise diagram 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 4:0.
10. Matters from City Attorney
Assistant City Attorney Christiana McCormick introduced Deputy City Attorney Roberto
Ramirez and informed the Authority that Mr. Ramirez would be taking over as attorney
for the Board in the new few months.
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
Member Absalom moved, Member Carr seconded to set the boundaries
for this application as follows:
North: Pearl St South: Baseline East: 30th West: City Limits
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
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Licensing Specialist Katelyn Kellogg reminded the Board that Board recruitment ends January
29th and City Council will appoint new members on March 7th but the new members would
begin their terms on April 1st. Licensing Manager Kristen Changaris requested feedback on the
retreat agenda that was included in their packet. The Authority requested that the retreat be
moved to April 10, 2024 so the new Board Members could participate. The Authority also
requested that Nathan Dewey or a representative from Responsible Association of Retailers be
invited to the retreat.
12. Matters from the Chair and Members of the Authority
Chair Califano asked the City Attorneys if a recusal was necessary considering he lived in the
boundaries of the application for Moxy Boulder. Ms. McCormick informed the Chair that a
recusal is not necessary.
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 4:0.
Attested: Approved:
_________________________________ ___________________________________
Kristen Changaris, Licensing Manager Chair of Beverage Licensing Authority
And Secretary to the Authority
Matthew D. Califano (Feb 23, 2024 14:26 MST)
Matthew D. Califano
01.17.24 BLA Hearing Minutes
Final Audit Report 2024-02-23
Created:2024-02-22
By:Katelyn Kellogg (kelloggk@bouldercolorado.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAwoOwiBgo9IkQ1iKkJ2LsHLvTUhqC0Cy2
"01.17.24 BLA Hearing Minutes" History
Document created by Katelyn Kellogg (kelloggk@bouldercolorado.gov)
2024-02-22 - 4:40:37 PM GMT- IP address: 174.16.91.19
Document emailed to Kristen Changaris (changarisk@bouldercolorado.gov) for signature
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Signer mdcalifano@gmail.com entered name at signing as Matthew D. Califano
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Document e-signed by Matthew D. Califano (mdcalifano@gmail.com)
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Agreement completed.
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