Boulder licensing board finds public-safety grounds to temporarily relax trainer certification amid state backlog

The Boulder Beverage Licensing Authority voted Jan. 15 to find reasonable grounds that a public-health and public-safety issue exists because a state backlog has delayed certification of responsible-vendor trainers, and to schedule a public hearing next month on a potential temporary suspension of that local training requirement.

Board members said they were responding to reports from the Responsible Association of Retailers and local trainers that Colorado’s new responsible-vendor trainer approval process is delayed, leaving local trainers unable to obtain state-issued certificates for employees even after completing national programs such as TIPS and ServSafe. The authority discussed a proposed, time-limited suspension of the local rule that requires trainers to be state-certified, and a follow-up hearing was set to receive public comment and finalize any emergency change.

Why it matters: Boulder requires alcohol servers to be trained under approved programs; those trainings and state-issued certificates are a key compliance step for licensees and for the city’s annual licensing checks. Licensing staff and board members said the current backlog is interfering with operators’ ability to train staff and put new hires into service safely.

Responsible Association of Retailers Director Heather Besgard told the board that her organization can provide trainings but cannot issue the state certificates while the state approval is pending. “We’re kind of handcuffed right now until we have certification from the state to be able to provide certificates,” Besgard said. Trainer John Balliett said he has trained “over 50,000 individuals in the state of Colorado” and described the practical limits of the list of currently approved individual trainers: “there’s no way these 5 trainers ... are gonna take care of your licensees, and that’s the simple fact of the matter.”

City Attorney Roberto advised that the BLA’s rules of procedure permit emergency action if the authority finds reasonable grounds that the issue affects public health, safety or welfare. “You would need to make that finding in this situation,” he told members, describing the legal test the board must use before invoking an emergency rule change.

Board members debated options that would allow operators to continue training staff while the state processes trainer applications. Chair Califano said he could see an argument that the backlog creates a public-safety concern because employees are being hired without access to timely certification training. Member Absalom urged a case-by-case approach: if the authority suspends the rule, licensees could present their trainer and training materials to the board for review.

Action taken: the board voted to make the required finding of reasonable grounds and directed staff to place a public hearing on the February agenda. At the same meeting members discussed a proposed three-month suspension of the local rule that requires state-certified responsible-vendor trainers and an amended motion to allow previously approved trainers or trainers who present their curricula to the board to provide trainings for the interim period.

Next steps and limits: the board scheduled a public hearing to solicit written and oral comment and to vote on the proposed temporary rule change. City staff and the authority emphasized that any local change would be prospective and limited in duration; the board also discussed options for documenting interim trainings (trainer presentations, documentation submitted to licensing) so licensing staff can continue routine verification of training during the suspension.

Quotes in context appear in the meeting record. The authority asked licensing to prepare notice and to accept written public comment ahead of the February hearing, and members said they will continue to consult with community trainers and the Responsible Association of Retailers while the state processes trainer applications.