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01.15.25 BLA PacketPUBLIC NOTICE CITY OF BOULDER BEVERAGE LICENSING AUTHORITY HEARING WEDNESDAY, JANUARY 15, 2025, at 3:00 P.M. VIRTUAL HEARING VISIT THE FOLLOWING LINK 15 MINUTES PRIORTO THE MEETING FOR ACCESS: https://bouldercolorado.gov/events VIEW BLAPACKET MATERIALSATTHELINKFORACCESSMEETINGAGENDA ANDMATERIALS: https://bouldercolorado.gov/government/board-commission/beverage-licensing-authority AGENDA 1. AgendaItem: i. Instructionsforvirtualhearingand rulesof decorum; ii. Memberroll call; iii. Approvalof Beverage LicensingAuthority(BLA)minutesfromtheDecember 18, 2024 hearing; iv. Hearingagendaissues from licensing clerk; 2. Mattersfrom the BoulderPoliceDepartment. 3. MattersfromtheResponsibleAssociationofRetailers(RAR). 4. GeneralPublicCommentsforFutureBeverageLicensing Authority Hearings. 5. Public hearing and consideration of a renewal application filed on November 8, 2024 from Sherpa Holdings 2015 LLC d/b/a Fuji Restaurant and Bar, 2018 Broadway, Boulder, CO 80302;Pemba D. Sherpa, 100% Owner and Registered Manager, with a premises business mailing addressfor a Hotel-Restaurant type liquor license. 6. Public hearing and consideration of an application filed on October 30, 2024, from El Taco Imperial De Tlaxcala LLC d/b/a El Taco Imperial De Tlaxcala, 2850 Iris Ave., Suite H, Boulder, CO 80301; Margarita Valle Castrejon, 100% Owner, Sole Member and Registered Manager with a premises business mailing address for a new Hotel-Restaurant type liquor license. 7. Public hearing and consideration of an application filed on November 18, 2024, from Nepal House LLC d/b/a Nepal House & Cuisine, 4720 Table Mesa Dr, C100, Boulder, CO 80305; Topden Lama, 85% Owner, President, and Proposed Registered Manager and Labajit Rai, Vice President and 15% Owner, with a premises business mailing address for a New Hotel-Restaurant type liquor license. 8. Matters from the City Attorney 9. Mattersfrom the LicensingClerk a. Neighborhoodboundarysettingforapplicationsfor February 19, 2025 BLAhearing: i. Fergie's Indoor Golf INC d/b/a The Birdie Factory, 2520 Arapahoe Ave, Boulder, CO 80302, for a new Entertainment type liquor license ii. Mister Oso Boulder, LLC d/b/a Mister Oso Boulder, 1253 Pleasant Street, Unit 101, Boulder, CO 80302, for a new Hotel-Restaurant type liquor license b. ExpectedAdministrative Processing of Liquor License Transfer Applications None for January c. Breweries, Wineries, and Distilleries requests for local licensing authority input onApplicationfor Colorado Liquor Sales Room None for January d. Processing of special event liquor permits & temporary modifications not related to theOutdoor Dining Program: i. Special Event Liquor Permits list e. Informational items i. Liquor License Renewals Sent List ii.Board Recruitment 10. Matters from the Chair and Members of the Authority a. Members Absalom and Carr Presentation 11. 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.Pleasenotethat emailisstronglysuggestedfortimelyreceiptforsubmission to the Beverage Licensing Authority. ItistheCityofBoulder’spracticetoprovidemorenoticethanisrequiredbylawwhenever possible.However, thispracticeshall not beusedto invalidateany actiontaken withtheminimumnoticerequired bystatelaw. Final on Tuesday, December 31, 2024 Kristen Changaris, Licensing Manager Published on Sunday, January 5, 2025, in theDailyCamera newspaper STATE OF COLORADO) ) COUNTY OF BOULDER) SS: CERTIFICATE OF PUBLIC NOTICE ) CITY OF BOULDER ) I, Alisa Darrow, 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, , 202 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 5, 2025 Page E7 IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Boulder, Colorado this Tuesday, January 7th, 2025. ___________________________________________ Alisa Darrow, Licensing Manager and Secretary to Beverage Licensing Authority y y BLA 12/18/2024 Minutes Page 1 of 5 CITY OF BOULDER BEVERAGELICENSINGAUTHORITY * * * HEARING MINUTES * * * WEDNESDAY, DECEMBER 18, 2024, 3:00 PM VIRTUAL HEARING NAME OF BOARD/COMMISSION: Beverage LicensingAuthority(BLA) DATE OFMEETING:December 18, 2024 NAME & PHONE OF PERSON KatelynKellogg, LicensingSpecialist PREPARING SUMMARY:(303-441-3039)kelloggk@bouldercolorado.gov NAMES OFMEMBERS,STAFF,ANDINVITEDGUESTS PRESENT: Board Members: Michael Absalom, Michael Carr, Brendan Hagerty Staff Present: Roberto Ramirez, Deputy City Attorney,KristenChangaris,LicensingManager, Sarah Riggs, Licensing Specialist, Alberto Douriet, Tax Collections Agent 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 3 members present at the time of roll call. Member Califano and Member Roberts were absent. iii. Approval of Beverage Licensing Authority (BLA) minutes from the November 20, 2024 hearing; Member Carr moved, and Member Absalom seconded to approve the minutes from the November 20, 2024 hearing. Motion Passed 3:0. iv. Hearing agenda issues from Licensing Clerk; No issues were discussed. 2. Matters from the Boulder Police Department (BPD). Officer Leah Rech appeared and discussed confiscated fake IDs, violations, police calls and BLA 12/18/2024 Minutes Page 2 of 5 the creation of a group of surrounding Alcohol Enforcement Officers. 3. Matters fromtheResponsibleAssociationof Retailers (RAR). Mandy Volz appeared and discussed the leadership transition for RAR and answered questions regarding the transition and RAR’s future plan from the Authority. 4. General Public Comments for Future Beverage Licensing Authority Hearings. No public comment was heard. 5. The Waffle Lab Boulder LLC d/b/a The Lab Bar and Bites, 1155 13thSt, BoulderCO,80302 – Monthly Status Report to the BLA Ashley Zeruto, licensee, appeared for this matter. Licensing confirmed that the licensee was compliant with sales tax and occupation tax. 6. Continued public hearing and consideration of an application filed on September 23, 2024, from The Riverside Group, Ltd. d/b/a Riverside, 1724 Broadway Street, Boulder, CO 80302; Richard Moser, Owner and Registered Manager, and Andreis Loubser, Co- Owner; with a premises business mailing address for a renewal of a Lodging and Entertainment type liquor license. James Beimford, attorney for the licensee appeared for this matter along with Richard Moser, licensee. Mr. Moser 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. Beimford waived the reading of the procedures. Mr. Beimford and Mr. Moser presented information regarding the renewal application and answered questions from the Authority. Alberto Douriet, Tax Collections Agent, requested the BLA impose conditions on the renewal on behalf of city sales tax. Member Absalom moved, Member Carr seconded, to conditionally approve the renewal application based on the requirement that the licensee timely files their sales tax in compliance with city code and for the next 12 months, informs the BLA of compliance in an email to be provided to the BLA at least 24 hours prior to the month’s BLA hearing and that if they are not in compliance with sales tax, they must appear at the next months BLA hearing. Motion passed 3:0. 7. Public hearing and consideration of an application filed on October 1, 2024, from Yakitori Gareji LLC d/b/a Yakitori Gareji, 2250 Pearl Street, Boulder, CO 80302; Troy Bush, Owner and Registered Manager, with a premises business mailing address for a New Hotel-Restaurant type liquor license. Robert Runco, attorney for the licensee, appeared for this matter along with Troy Bush, BLA 12/18/2024 Minutes Page 3 of 5 licensee and Eva Garretson, representative from Liquor Pros. All parties were sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Mr. Runco waived the reading of procedures. Mr. Runco, Ms. Garretson and Mr. Bush gave testimony regarding the petitioning reports, the operations of the business and the premises diagram. The Authority asked questions regarding the alcohol policies which were distributed to the BLA in an exhibit. Member Abslaom moved, Member Carr seconded, to approve the New Hotel-Restaurant type liquor license with the condition that an updated premises diagram and new alcohol policies which includes responsible vendor training be submitted to city licensing by the January 15, 2025 BLA hearing. Motion passed 3:0. 8. Public hearing and consideration of an application filed on October 8, 2024, from WFM-WO Inc d/b/a Ideal Market, 1275 Alpine Avenue, Boulder, CO 80304; WFM-WO Inc, 100% Owner; Whole Foods Market Inc., 100% Shareholder of WFM-WO, Inc; Keith M. Manbeck, President and Director; Jay P. Warren, Secretary; Heather Charlene Stern, VP and Secretary, with a business mailing address of P.O. Box 684786, Austin, TX 78768 for a permanent modification of a Fermented Malt Beverage & Wine Retail Off Premise type liquor license. Kevin Coates, attorney for the licensee, appeared for this matter along with Cole Kinzer, representative for licensee and Eva Garretson, representative from Liquor Pros. All parties were sworn in and confirmed the 10-day legal posting requirement. No ex-parte communications were disclosed by Authority Members. No public comment was received. Mr. Coates waived the reading of procedures. Ms. Garretson gave testimony regarding the neighborhood petitioning report. Mr. Coates and Ms. Kinzer gave testimony regarding the plan for the modification in the store, the hours of operation and the stores need for more alcohol storage. Member Absalom moved, Member Carr seconded, to approve the Modification of a Fermented Malt Beverage & Wine type liquor license. Motion passed 3:0. 9. Public hearing and consideration of an application filed on October 10, 2024, from Fringe Pizza LLC d/b/a Fringe, A Well-Tapped Eatery, 2900 Valmont Road, Suite A1, Boulder, CO 80301; Dewey Brown, Member, Lisa Lund-Brown, Member, Whitney Rajotte, Member, and Nathan Rajotte, Member and Registered Manager, with a premises business mailing address for a change of class from a Beer & Wine license type to a Hotel-Restaurant type liquor license. Whitney Rajotte, licensee, Dewey Brown, licensee and Eva Garretson, representative from Liquor Pros appeared for this matter. All parties were sworn in and Mr. Malec 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 BLA 12/18/2024 Minutes Page 4 of 5 the procedures into the record. Ms. Garretson gave testimony regarding the neighborhood petitioning report. Ms. Rajotte and Mr. Brown gave testimony regarding the operations of the business and the plan for the change of class. Member Absalom moved, Member Hagerty seconded, to approve the Change of Class from a Beer & Wine type liquor license to a Hotel-Restaurant type liquor license. Motion passed 3:0. 10. Matters from Deputy City Attorney No matters were discussed 11. Matters from the Licensing Clerk a. Neighborhood boundarysetting for applicationsfor January 15, 2025, BLA hearing: i.El Taco Imperial De Tlaxcala LLC d/b/a El Taco Imperial De Tlaxcala, 2850 Iris Ave., Suite H, Boulder, CO 80301, for a new Hotel-Restaurant type liquor license Member Absalom moved, Member Carr seconded to set the boundaries for this application as follows: Jay on the North, Arapahoe on the South, Foothills on the East and 19th on the West. ii.Nepal House LLC d/b/a Nepal House & Cuisine, 4720 Table Mesa Dr, C100, Boulder, CO 80305, for a new Hotel-Restaurant type liquor license Member Absalom moved, Member Carr seconded to set the boundaries for this application as follows: Dartmouth to Broadway on the North, City Limits on the South, City Limitson the East and City Limits on the West. b.Expected Administrative Processing of Liquor License Transfer Applications: i. Bakehouse LLC d/b/a Dry Storage, 3601 Arapahoe Ave., Unit D-181, Boulder, CO, 80303 for a Hotel-Restaurant type liquor license c. Breweries, Wineries, and Distilleries requests for local licensing authority input on Application for Colorado Liquor Sales Room: None for December 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. Board Recruitment BLA 12/18/2024 Minutes Page 5 of 5 Licensing Specialist, Katelyn Kellogg, informed the authority that Board Recruitment begins on December 16, 2024 and closes on January 31, 2025. 12. Matters from the Chair and Members of the Authority i. Members Absalom and Carr Presentation: The Authority chose to postpone this discussion to a time when all members are present. ADJOURNMENT Member Absalom moved, Member Carr seconded that this hearing should be adjourned, and thus, the hearing was adjourned at 5:30 PM. Motion to adjourn approved 5:0. Attested:Approved: Kristen Changaris, Licensing Manager Chair ofBeverageLicensingAuthority 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) 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 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 C.R.S. § 18-9-106. City of Boulder- Finance Dept. 1136 Alpine Ave Boulder, CO 80302 licensing@bouldercolorado.gov (303) 441-4192 (303) 441-1919 (FAX) Sherpa Holdings 2015 LLC. d/b/a Fuji Restaurant and Bar is scheduled and is hereby ordered to participate in a virtual Beverage Licensing Authority hearing on Wednesday, January 15, 2025 at 3:00 PM to determine if there is good cause not to renew the Hotel and Restaurant type liquor license. The licensee may have a legal representative attending this hearing but is not required to do so. You, or an employee, should pick up a hearing poster on Thursday, January 2, 2025, and the poster should be conspicuously posted on the premises (for instance on the front door or front window glass at the licensed location) by Saturday, January 5, 2025, and remain posted until the end of the renewal hearing. If you wish to submit any additional materials for the BLA renewal hearing, please provide those materials by Monday, January 6, 2025 via email to LicensingOnline@bouldercolorado.gov. The Colorado Liquor Code is available for review at: Liquor Enforcement Laws, Rules, Regulations | Department of Revenue – Enforcement (colorado.gov) and the City of Boulder Beverage Licensing Authority Rules of Procedures are available at: https://bouldercolorado.gov/government/board-commission/beverage-licensing-authority. e If you have questions, or require additional information, please contact me at the number listed below. Sincerely, Kristen Changaris Licensing Manager (303) 441-3005 changarisk@bouldercolorado.gov Alcohol Service Training Form The Beverage Licensing Authority (BLA) has determined that it is a local condition of a liquor license that all employees involved in service or sale of alcohol are required to attend and pass a state- approved responsible vendor alcohol service training within 2 months of opening or 2 months of hire date (or earlier). E-training is not accepted. Please complete the informationbelow of alcohol service training for each employee listed. Business Name:_________________________________________________________________ Premise Address:________________________________________________________________ Employee Name Training Type Hire Date Training Date HEARING PROCEDURES OUTLINE City of Boulder Beverage Licensing Authority Application for a New License or a Change in Class 1) The Chair will call the meeting item to order, and the Licensing Clerk then reads the matter into record 2) The Chair, after calling the meeting item to order, then makes the following opening comments: This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of Applicant [Business Name]: ___________________________, d/b/a [Trade Name]: _________________________, for a [Type of License]: ____________________________ license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado and the Rules of the Beverage Licensing Authority of the City of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this Authority to make the findings and to reach the conclusions required to be made by state law as to whether or not the license applied for shall issue. Interested parties are the Applicant, residents of the neighborhood under consideration, and the owners and managers of a business located in the neighborhood under consideration. For purposes of determining who is an interested party at this hearing, the neighborhood under consideration is the neighborhood previously defined by the Authority. The Authority shall make a final determination of the affected neighborhood prior to determining whether the license shall be issued. Any interested party may speak to the question of neighborhood designation, as well as other information relevant to the granting or denial of the application. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address. They shall also be sworn in by the Board Secretary. 3) The Chair, then asks the Authority members if anyone has a conflict of interest for this item or if they have and ex-parte contacts regarding this item that they wish to disclose. If there is a conflict of interest or ex-parte contact for an Authority member disclosed, the City Attorney may inquire as to the details of the disclosure. 4) The Chair, then inquires whether there are: i) interested parties present or persons who will act as witnesses for interested parties (they have standing because they reside in or own or manage a business in the designated neighborhood to provide testimony, submit evidence, or cross examine witnesses), or ii) members of the general public who wish to supply comment (they do not have standing as interested parties because they are not located in the designated neighborhood) 5) The Chair asks the Applicant whether they are ready to proceed. If the Applicant answers in the affirmative, then the Chair inquires whether the Interested Parties are ready to proceed and, if they are not, asks for reasons why the application hearing shall not now proceed. 6) If the Applicant and Interested Parties state that they are ready to proceed, then public comment is taken. Public comment is supplied in 3 minutes per person timed increments. 7) The Applicant then presents their evidence. The Applicant and the applicant’s witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 8) The Interested Parties may then present their evidence in support of or in opposition to the application. The Interested Party and the interested parties’ witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 9) At the Authority’s discretion, the Applicant may present rebuttal evidence. 10) The Chair then closes the matter for Authority deliberations. After this time, no further evidence or testimony may be taken. 11) A member of the Authority then moves, and a member must then second, to approve or disapprove the application or, for good cause, to continue the matter. Authority discussion on the basis for their upcoming vote to the motion should be undertaken by all members. After discussion, a vote is then taken with all members voting to approve or deny the motion. CITY OF BOULDER BEVERAGES LICENSING AUTHORITY PRELIMINARY FINDINGS AND REPORT IN THE MATTER OF THE APPLICATION FROM El Taco Imperial de Tlaxcala LLC 2850 Iris Ave Suite H Boulder, CO 80301 RE: El Taco Imperial de Tlaxcala LLC d/b/a El Taco Imperial de Tlaxcala Proposed Premise Location: 2850 Iris Ave, Suite H, Boulder, CO 80301 FOR A New Hotel-Restaurant type liquor license TO THE APPLICANT ABOVE-NAMED AND OTHER INTERESTED PARTIES; GREETINGS: Pursuant to C.R.S. 44-3-312(1) and the below referenced State laws and the city of Boulder Beverages Licensing Authority (BLA) Rules of Procedure, you are hereby advised that with regard to the application for a New Hotel-Restaurant type liquor license, an investigation has been made and based on the results thereof the following has been determined: 1. APPLICATION PACKET Responsive to C.R.S. §44-3-311(1) and BLA Rules of Procedure Section 4-3, the applicant, as stated above, submitted an application packet, which was substantially complete, to the City Clerk's Office on October 30, 2024. 2. PREVIOUS DENIALS AT THE SAME LOCATION Responsive to C.R.S. §44-3-313 (1)a et seq. and BLA Rules of Procedure, Subsection 5-1-1 (A), as this is an application for a malt, vinous, or spirituous liquor license, that within two (2) years, preceding the date of the application, the state or the Authority have not denied an application for the same class of license at the same location or within 500 feet of the same location, for the reason that the reasonable requirements of the neighborhood and the desires of the inhabitants were satisfied by the existing outlets. This requirement is not applicable to applications for Bed and Breakfast Permits. 3. POSSESSION OF PREMISES Responsive to C.R.S. §44-3-313 (1)b and BLA Rules of Procedure, Subsection 5-1- 1 (B), it appears from the evidence submitted that the applicant is entitled to possession of the premises where the license is proposed to be exercised until June 30, 2026. 4. ZONING AND HEALTH DEPARTMENT REGULATIONS COMPLIANCE Responsive to C.R.S. §44-3-313 (1)c and BLA Rules of Procedure, Subsection 5-1- 1 (C), selling alcohol in the manner proposed in the application is not in violation of any zoning laws of the City of Boulder and the use is consistent with the location’s permissible planning conditions and zoning district. The applicant must meet all applicable laws, rules and regulations of the City’s Planning Department as to construction and building safety requirements at the premise, and if applicable, the Boulder County Health Department and the State Board of Health for food preparation and service. 5. PROXIMITY TO SCHOOLS Responsive to C.R.S. §44-3-313 (1)d et seq. and BLA Rules of Procedure, Subsection 5-1-1 (D), the building in which the liquor is to be sold has a local distance waiver enacted or is not located within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary. This requirement is not applicable to applications for Bed and Breakfast Permits. 6. BACKGROUND INFORMATION Responsive to C.R.S. §44-3-307 and BLA Rules of Procedure Subsection 5-1-1 (F), the following criminal history information has been discovered or brought to the attention of the Authority: Applicant (including partners, officers, directors over 10% stockholders): Margarita Valle Castrejon – 100% Owner No criminal background was found or disclosed 7. APPLICANT FINANCIAL INTEREST Responsive to C.R.S. §44-3-308 and BLA Rules of Procedure Subsection 5-1-1 (G), the applicant’s financial interest and associated parties disclosures are to be found in the submitted city of Boulder BLA Financial Statement with attachments, the submitted Colorado Liquor Retail License Application or Colorado Fermented Malt Beverage (3.2% Beer) License Application with attachments, and the submitted Individual History Record with attachments. A copy of each of these mentioned documents should have been retained by the applicant at the time of application and a copy of these mentioned documents will be provided to the BLA for the purposes of local licensing authority deliberations. 9. NEEDS AND DESIRES EVIDENCE Responsive to C.R.S. §44-3-312 (2)(a) and (b) and BLA Rules of Procedure Section 4-1 through Section 4-4, the applicant is reminded that they have the burden of proof to provide to the Authority for consideration sufficient evidence confirming that the adult residents and business owners and managers within the prior established boundaries of Authority designated Neighborhood both need and desire the proposed new liquor license in type, manner and location. 10. PUBLIC HEARING INFORMATION Responsive to C.R.S. §44-3-311 and BLA Rules of Procedure Section 5-1, you are hereby notified that the public hearing on this application will be held on Wednesday, January 15, 2025 at 3:00 p.m., as a Virtual Hearing. At said hearing, you will have the opportunity to be heard regarding all matters pertaining to the application, including all matters herein set forth. You are advised to obtain a copy of the State Laws, Rules, and Regulations pertinent to the license class for which you are applying. In addition, you are advised to obtain a copy of the applicable “Rules of Procedures” adopted by the Beverages Licensing Authority of the City of Boulder for use and guidance in holding hearings on liquor license applications. These Rules are available at: https://wwwstatic. bouldercolorado.gov/docs/BLA Rules of Procedure complete. Jan. 21. 2020-1- 202002060901.pdf or a public copy is made available for review at the Licensing Clerk’s Office. January 2, 2025 BEVERAGE LICENSING AUTHORITY CITY OF BOULDER, COLORADO ____________________________________ Katelyn Kellogg, Licensing Specialist Page 3 of 16DR 8404 (03/26/24) Section B Liquor License Fees* (Continued) Liquor–Licensed Drugstore (City) .....................................................................................................................$227.50 Liquor–Licensed Drugstore (County)................................................................................................................$312.50 Lodging & Entertainment - L&E (City) ..............................................................................................................$500.00 Lodging & Entertainment - L&E (County) .........................................................................................................$500.00 Manager Registration - H & R ............................................................................................................................$30.00 Manager Registration - Tavern ...........................................................................................................................$30.00 Manager Registration - Lodging & Entertainment ..............................................................................................$30.00 Manager Registration - Campus Liquor Complex ..............................................................................................$30.00 Optional Premises License (City) .....................................................................................................................$500.00 Optional Premises License (County) ................................................................................................................$500.00 Racetrack License (City) ..................................................................................................................................$500.00 Racetrack License (County) .............................................................................................................................$500.00 Resort Complex License (City) .........................................................................................................................$500.00 Resort Complex License (County)....................................................................................................................$500.00 Related Facility - Campus Liquor Complex (City).............................................................................................$160.00 Related Facility - Campus Liquor Complex (County) .......................................................................................$160.00 Related Facility - Campus Liquor Complex (State) ..........................................................................................$160.00 Retail Gaming Tavern License (City) ................................................................................................................$500.00 Retail Gaming Tavern License (County) ...........................................................................................................$500.00 Retail Liquor Store License - Additional (City) ..................................................................................................$227.50 Retail Liquor Store License - Additional (County) .............................................................................................$312.50 Retail Liquor Store (City) ..................................................................................................................................$227.50 Page 4 of 16DR 8404 (03/26/24) Section B Liquor License Fees* (Continued) Retail Liquor Store (County) .............................................................................................................................$312.50 Tavern License (City) ........................................................................................................................................$500.00 Tavern License (County) ...................................................................................................................................$500.00 Vintners Restaurant License (City) ...................................................................................................................$750.00 Vintners Restaurant License (County) ..............................................................................................................$750.00 Questions? Visit: SBG.Colorado.gov/Liquor for more information Do not write in this space - For Department of Revenue use only Liability Information License Account Number Liability Date License Issued Through (Expiration Date) $ Total Page 5 of 16DR 8404 (03/26/24) Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: SBG.Colorado.gov/Liquor for more information Items submitted, please check all appropriate boxes completed or documents submitted I. Applicant information Applicant/Licensee identified State sales tax license number listed or applied for at time of application License type or other transaction identified Return originals to local authority (additional items may be required by the local licensing authority) All sections of the application need to be completed Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Retail License Application II. Diagram of the premises No larger than 8½” X 11” Dimensions included (does not have to be to scale). Exterior areas should show Return originals to local authority (additional items may be required by the local licensing authority) Bold/Outlined Licensed Premises III. Proof of property possession (One Year Needed) County Clerk Lease in the name of the applicant (or) (matching Applicant Name provided on page 1) Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant Other agreement if not deed or lease. (matching Applicant Name provided on page 1) Page 6 of 16DR 8404 (03/26/24) IV. Background information (DR 8404-I) and financial documents Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved State Vendor. Master File applicants submit results to the State Do not complete fingerprint cards prior to submitting your application. The Vendors are as follows: IdentoGO Appointment Scheduling Website: https://uenroll.identogo.com/workflows/25YQHT Phone: 844-539-5539 (toll-free) IdentoGO FAQs: https://www.colorado.gov/pacific/cbi/identification-faqs State Liquor Code for IdentoGO: 25YQHT Colorado Fingerprinting Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabs/ Phone: 720-292-2722 833-224-2227 (toll free) State Liquor Code for Colorado Fingerprinting: C030LIQI List of all notes and loans (Copies to also be attached) V. Sole proprietor/husband and wife partnership (if applicable) Form DR 4679 Lawful Presence Affidavit VI. Corporate applicant information (if applicable) Certificate of Incorporation Certificate of Good Standing Certificate of Authorization if foreign corporation (out of state applicants only) VII. Partnership applicant information (if applicable) Partnership Agreement (general or limited). VIII. Limited Liability Company applicant information (if applicable) Copy of articles of organization Certificate of Good Standing Copy of Operating Agreement (if applicable) IX. Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor Complex licenses when included with this application $30.00 fee Page 14 of 16DR 8404 (03/26/24) ..................................Yes No ..................................Yes No NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. ............................Yes No Therefore, this application is approved. Local Licensing Authority for Telephone Number County Printed Name Title Signature Date (MM/DD/YY) Printed Name Title Signature Date (MM/DD/YY) 08/23/2024 DR 8495 (02/16/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO BOX 17087 Denver CO 80217-0087 (303) 205-2300 Tax Check Authorization, Waiver, and Request to Release Information “Waiver”) on behalf of (the “Applicant/Licensee”) to permit the Colorado Department of Revenue and any other state or local taxing authority to release the authority to execute this Waiver on behalf of the Applicant/Licensee. information and documentation obtained pursuant to this Waiver may be used in connection with the payment obligations. in connection with state or local taxes. This Waiver shall be valid until the expiration or revocation execute a new waiver for each subsequent licensing period in connection with the renewal of any administrative or judicial action regarding the application or license. Page 15 of 16 EL TACO IMPERIAL DE TLAXCALA LLC MARGARITA VALLE CASTREJON ALCOHOL MANAGEMENT POLICY RESPONSIBLE SERIVICE OF ALCOHOL POLICY recognizes the importance of holding a liquor license and accepts the es and expec of the community in strictly adhering to the Colorado liquor licensing laws. This establishment is the responsible service of alcoholic beverages to responsible guests. W our employees and the community at large. All employees who may come in contact with a guest as part of their employment are required to follow these procedures: All front of the house employees will successfully n an alcohol awareness training program prior to or within 30 days of employment. Employees will comple ing. Employees will not drink before . Employees will not serve an alcoholic beverage to anyone under 21 years of age or anyone who is showing visible sign . Before serving an alcoholic beverage, guests to ensure they are at least 21 years of age. Acceptable includes: A driver’s license with a photo, a valid passport with a photo, a state-issued photo, or a military ID with a photo. VERTICAL ID’S OR ANY IDENTIFICATION THAT DOES NOT HAVE A PHOTO OR DATE OF BIRTH WILL NOT BE ACCEPTED. Employees that doubt city of any ID or any case of doubt the patron is 21 years of age, the employee must not serve alcoholic beverages to the guest. Employees must immediately fy a manager on duty, when a guest shows physical signs of i he manager will inform the guest that the service of alcoh . Each incident or refusal will be logged and kept on Employees will only sell and serve alcohol during rs. No Employee will serve several drinks to a guest during a short interval. I have read this policy statement, understand what is required to provide responsible service of alcoholic beverages and agree to follow these procedures. I also understand that failure to follow the procedures of this po ________________________________________ Employee Signature Date Page 5 of 6DR 8404-I (03/06/24) Personal and Financial Information (Continued) 11. Provide details of the personal investment described in question 10. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Account Type Bank Name Amount Type: Cash, Services or Equipment Account Type Bank Name Amount Type: Cash, Services or Equipment Account Type Bank Name Amount Type: Cash, Services or Equipment Account Type Bank Name Amount 12. Provide details of the corporate investment described in question 9. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Loans Account Type Bank Name Amount Type: Cash, Services or Equipment Loans Account Type Bank Name Amount Type: Cash, Services or Equipment Loans Account Type Bank Name Amount 13. Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security Amount N/A CASH NO BUSINESS CHECKING PREMIER MEMBER CREDIT UNION $7,000.00 N/A HEARING PROCEDURES OUTLINE City of Boulder Beverage Licensing Authority Application for a New License or a Change in Class 1) The Chair will call the meeting item to order, and the Licensing Clerk then reads the matter into record 2) The Chair, after calling the meeting item to order, then makes the following opening comments: This is a public hearing before the Beverage Licensing Authority of the City of Boulder to determine whether or not the application of Applicant [Business Name]: ___________________________, d/b/a [Trade Name]: _________________________, for a [Type of License]: ____________________________ license shall be granted or denied. This hearing is conducted pursuant to the laws of the State of Colorado and the Rules of the Beverage Licensing Authority of the City of Boulder. The purpose of this hearing is to receive information, data, and testimony by interested parties in order to enable this Authority to make the findings and to reach the conclusions required to be made by state law as to whether or not the license applied for shall issue. Interested parties are the Applicant, residents of the neighborhood under consideration, and the owners and managers of a business located in the neighborhood under consideration. For purposes of determining who is an interested party at this hearing, the neighborhood under consideration is the neighborhood previously defined by the Authority. The Authority shall make a final determination of the affected neighborhood prior to determining whether the license shall be issued. Any interested party may speak to the question of neighborhood designation, as well as other information relevant to the granting or denial of the application. A record is being made of these proceedings. Those who desire to be heard shall identify themselves by stating their name, spelling their last name, and stating their pertinent address. They shall also be sworn in by the Board Secretary. 3) The Chair, then asks the Authority members if anyone has a conflict of interest for this item or if they have and ex-parte contacts regarding this item that they wish to disclose. If there is a conflict of interest or ex-parte contact for an Authority member disclosed, the City Attorney may inquire as to the details of the disclosure. 4) The Chair, then inquires whether there are: i) interested parties present or persons who will act as witnesses for interested parties (they have standing because they reside in or own or manage a business in the designated neighborhood to provide testimony, submit evidence, or cross examine witnesses), or ii) members of the general public who wish to supply comment (they do not have standing as interested parties because they are not located in the designated neighborhood) 5) The Chair asks the Applicant whether they are ready to proceed. If the Applicant answers in the affirmative, then the Chair inquires whether the Interested Parties are ready to proceed and, if they are not, asks for reasons why the application hearing shall not now proceed. 6) If the Applicant and Interested Parties state that they are ready to proceed, then public comment is taken. Public comment is supplied in 3 minutes per person timed increments. 7) The Applicant then presents their evidence. The Applicant and the applicant’s witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 8) The Interested Parties may then present their evidence in support of or in opposition to the application. The Interested Party and the interested parties’ witnesses may be cross-examined by members of the Authority, by Interested Parties, by the City Attorney and by representatives of the Boulder Police Department. 9) At the Authority’s discretion, the Applicant may present rebuttal evidence. 10) The Chair then closes the matter for Authority deliberations. After this time, no further evidence or testimony may be taken. 11) A member of the Authority then moves, and a member must then second, to approve or disapprove the application or, for good cause, to continue the matter. Authority discussion on the basis for their upcoming vote to the motion should be undertaken by all members. After discussion, a vote is then taken with all members voting to approve or deny the motion. CITY OF BOULDER BEVERAGES LICENSING AUTHORITY PRELIMINARY FINDINGS AND REPORT IN THE MATTER OF THE APPLICATION FROM Nepal House LLC 4720 Table Mesa Dr C100 Boulder, CO 80305 RE: Nepal House LLC d/b/a Nepal House Proposed Premise Location: 4720 Table Mesa Dr, C100, Boulder, CO 80305 FOR A New Hotel-Restaurant type liquor license TO THE APPLICANT ABOVE-NAMED AND OTHER INTERESTED PARTIES; GREETINGS: Pursuant to C.R.S. 44-3-312(1) and the below referenced State laws and the city of Boulder Beverages Licensing Authority (BLA) Rules of Procedure, you are hereby advised that with regard to the application for a New Hotel-Restaurant type liquor license, an investigation has been made and based on the results thereof the following has been determined: 1. APPLICATION PACKET Responsive to C.R.S. §44-3-311(1) and BLA Rules of Procedure Section 4-3, the applicant, as stated above, submitted an application packet, which was substantially complete, to the City Clerk's Office on November 18, 2024. 2. PREVIOUS DENIALS AT THE SAME LOCATION Responsive to C.R.S. §44-3-313 (1)a et seq. and BLA Rules of Procedure, Subsection 5-1-1 (A), as this is an application for a malt, vinous, or spirituous liquor license, that within two (2) years, preceding the date of the application, the state or the Authority have not denied an application for the same class of license at the same location or within 500 feet of the same location, for the reason that the reasonable requirements of the neighborhood and the desires of the inhabitants were satisfied by the existing outlets. This requirement is not applicable to applications for Bed and Breakfast Permits. 3. POSSESSION OF PREMISES Responsive to C.R.S. §44-3-313 (1)b and BLA Rules of Procedure, Subsection 5-1- 1 (B), it appears from the evidence submitted that the applicant is entitled to possession of the premises where the license is proposed to be exercised until September 30, 2029. 4. ZONING AND HEALTH DEPARTMENT REGULATIONS COMPLIANCE Responsive to C.R.S. §44-3-313 (1)c and BLA Rules of Procedure, Subsection 5-1- 1 (C), selling alcohol in the manner proposed in the application is not in violation of any zoning laws of the City of Boulder and the use is consistent with the location’s permissible planning conditions and zoning district. The applicant must meet all applicable laws, rules and regulations of the City’s Planning Department as to construction and building safety requirements at the premise, and if applicable, the Boulder County Health Department and the State Board of Health for food preparation and service. 5. PROXIMITY TO SCHOOLS Responsive to C.R.S. §44-3-313 (1)d et seq. and BLA Rules of Procedure, Subsection 5-1-1 (D), the building in which the liquor is to be sold has a local distance waiver enacted or is not located within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary. This requirement is not applicable to applications for Bed and Breakfast Permits. 6. BACKGROUND INFORMATION Responsive to C.R.S. §44-3-307 and BLA Rules of Procedure Subsection 5-1-1 (F), the following criminal history information has been discovered or brought to the attention of the Authority: Applicant (including partners, officers, directors over 10% stockholders): Topden Lama – 85% Owner No criminal background was found or disclosed Labajit Rai – 15% Owner No criminal background was found or disclosed 7. APPLICANT FINANCIAL INTEREST Responsive to C.R.S. §44-3-308 and BLA Rules of Procedure Subsection 5-1-1 (G), the applicant’s financial interest and associated parties disclosures are to be found in the submitted city of Boulder BLA Financial Statement with attachments, the submitted Colorado Liquor Retail License Application or Colorado Fermented Malt Beverage (3.2% Beer) License Application with attachments, and the submitted Individual History Record with attachments. A copy of each of these mentioned documents should have been retained by the applicant at the time of application and a copy of these mentioned documents will be provided to the BLA for the purposes of local licensing authority deliberations. 9. NEEDS AND DESIRES EVIDENCE Responsive to C.R.S. §44-3-312 (2)(a) and (b) and BLA Rules of Procedure Section 4-1 through Section 4-4, the applicant is reminded that they have the burden of proof to provide to the Authority for consideration sufficient evidence confirming that the adult residents and business owners and managers within the prior established boundaries of Authority designated Neighborhood both need and desire the proposed new liquor license in type, manner and location. 10. PUBLIC HEARING INFORMATION Responsive to C.R.S. §44-3-311 and BLA Rules of Procedure Section 5-1, you are hereby notified that the public hearing on this application will be held on Wednesday, January 15, 2025 at 3:00 p.m., as a Virtual Hearing. At said hearing, you will have the opportunity to be heard regarding all matters pertaining to the application, including all matters herein set forth. You are advised to obtain a copy of the State Laws, Rules, and Regulations pertinent to the license class for which you are applying. In addition, you are advised to obtain a copy of the applicable “Rules of Procedures” adopted by the Beverages Licensing Authority of the City of Boulder for use and guidance in holding hearings on liquor license applications. These Rules are available at: https://wwwstatic. bouldercolorado.gov/docs/BLA Rules of Procedure complete. Jan. 21. 2020-1- 202002060901.pdf or a public copy is made available for review at the Licensing Clerk’s Office. January 2, 2025 BEVERAGE LICENSING AUTHORITY CITY OF BOULDER, COLORADO ____________________________________ Katelyn Kellogg, Licensing Specialist ADMINISTRATIVE REVIEW NOTICE OF DISPOSITION You are hereby advised that the following action was taken by the Planning Department: DECISION: APPROVED DATE: October 22, 2024 REQUEST TYPE:Zoning Verification Letter ADDRESS:4720 TABLE MESA DR APPLICANT:TOPDEN LAMA, HIMALAYAN SHERPA HOUSE CASE NUMBER:ADR2024-00136 LEGAL DESCRIPTION:LOT 101 SOUTH CREEK VILLAGE REPLAT LOT 1, City of Boulder, County of Boulder, Colorado DESCRIPTION:ZVL for BLA - Nepal House LLC LAND USES The proposed use of Nepal House LLC d/b/a Nepal house & Cuisine located at 4720 Table Mesa Dr Unit C-100 has been identified under Section 9-6-1, B.R.C. 1981 to meet the following: Zoning District: RM-1 Proposed Use: Restaurant Discretionary Review(s):SR-77-30 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 Nepal House LLC d/b/a Nepal house & Cuisine to utilize the space at 4720 Table Mesa Dr Unit C- 100 with the following operational characteristics: Indoor Premise:2,311 s.f.Outdoor Patio:501 s.f. Indoor Seating Capacity: 39 Outdoor Seating Capacity: 20 Hours of Operation: 11:00 a.m. – 3:00 p.m., 5:00 p.m. 9:00 p.m. Hours of Operation for Outdoor Patio: Same as above The applicant shall be responsible for ensuring that the development is compliant with the Written Statement and final approved plans approved September 19, 2024, on file with the City of Boulder Planning Department. Further, the Applicant shall ensure that the approved use is operated in compliance with following standards: 1. The Applicant shall not expand or modify the approved use, except pursuant to Subsection 9-2-15(h), B.R.C. 1981. 2. Interior modifications may be subject to the approval of a building permit. Any building permit that requires wall reconfiguration or changes to the layout shall include a floor plan with seating depicted. 3. New signage will require approval of a sign permit. 4. All conditions of Section 5-9-6, B.R.C. 1981 (Unreasonable Noise Prohibited Between the Hours of 11 P.M. Through 7 A.M.). NOTE: This review is for zoning purposes only and is not approval for any change of occupancy or use pertaining to the building code. A separate building permit is required for building modifications, including changes of use or occupancy. This decision is final and may not be appealed. A new request may be considered only as a new application. By: Adam Olinger, Planning Department                                                                                                                                                                                           A MAD! Night of Film and FoodMad AgricultureMad Agriculture - A MAD! Night of Film and Food 12/10/24 at PatagoniaCrafty HourBoulder County Arts AllianceSEP - Crafty Hour-12/11/2024 from 4pm-8pm