Boulder licensing authority finds public-safety basis to consider temporary suspension of state trainer requirement after certification backlog

The City of Boulder—s Beverage Licensing Authority voted on Jan. 15 to find reasonable grounds to consider an emergency action after local trainers and the Responsible Association of Retailers reported a statewide backlog in the Colorado "LED" responsible-vendor trainer certification process that is preventing businesses and workers from getting state-issued certificates.

The finding starts a process that could allow the authority to temporarily relax its rule requiring state-certified responsible-vendor trainers so licensees can continue to train employees. Board members said they view the backlog as a risk to public safety if new hires cannot receive recognized alcohol-server training in a timely way.

The decision followed a sustained, hour-long discussion that included testimony from Heather Besgard, director of Partners (which houses the Responsible Association of Retailers), trainer John Balliett and city counsel. Besgard told the panel she and her organization can deliver required training content but cannot provide state-issued certificates until the state approves trainer applications. "We currently can't provide those certificates, not for lack of trying," Besgard said. Trainer John Balliett, who said he has delivered training to tens of thousands of Colorado workers, told the authority the state's approved-trainers list is currently short and geographically sparse. "If you look at the state approved list as it stands today, there are 11 people," Balliett said, adding several are out of state or limited to specific cities.

Roberto, the city attorney assigned to licensing matters, briefed the authority on the legal standard for emergency action under the BLA rules of procedure and advised that the board must either make a public-safety finding and act under the emergency provision or schedule a noticed hearing that provides the public an opportunity to be heard. "When it comes to emergency issues, our BLA rules of procedure contemplate that you can take emergency action when you believe that there are grounds or reasonable grounds to believe that it is an issue of public health, safety, or welfare," counsel said.

Chair Balifano moved that the authority find reasonable grounds to believe a public-health or safety issue exists because the state backlog is impeding training; Member Absalom seconded. The motion passed with members Balifano (chair), Absalom, Haggerty and Roberts recorded as voting in favor. After that finding, the authority discussed the form of a possible remedy: a time-limited suspension or exception allowing previously approved trainers and other trainers who demonstrate their curriculum in front of the board to continue training during the state backlog.

Member Haggerty and others proposed a three-month, time-boxed suspension so the board would revisit the issue and verify progress. Member Absalom suggested a case-by-case approach: accept trainers during the emergency period if they can show credentials and training materials to the authority. Chair Balifano amended a motion to specify that trainers who were previously certified to deliver Colorado-approved programs should be permitted in a three-month interim and that, where necessary, trainers appear to explain their curriculum when a licensee comes before the authority.

Board members did not adopt a formal rule change at the Jan. 15 meeting. Instead they agreed the authority will take the suspension motion up at its next hearing, scheduled for February, after providing the public an opportunity to be heard. City counsel said a noticed hearing is required for non-emergency abatement unless the board relies on the public-safety finding it just adopted. The authority asked licensing staff to circulate guidance to licensees and to accept written public comment ahead of the February hearing.

Votes at a glance

- Emergency-finding motion: Motion that there are reasonable grounds to believe training delays constitute a public-health/public-safety issue. Mover: Chair Balifano. Second: Member Absalom. Vote: Balifano, Absalom, Haggerty and Roberts — yes. Outcome: passed (finding adopted).

- Proposed interim suspension of the BLA training requirement (discussion and amended motion): Chair Balifano moved a three-month suspension, amended to permit trainers who were previously certified to provide Colorado-approved trainings and to allow the board to hear from trainers case by case. Second: Member Absalom. Outcome: to be considered at the February hearing (public notice and opportunity to be heard will be provided; not adopted on Jan. 15).

Other licensing items decided during the Jan. 15 hearing (short list)

- Sherpa Holdings LLC (DBA Fuji Restaurant), renewal of hotel-restaurant liquor license (application filed 11/08/2024): Motion to approve passed (voice vote; renewal approved). — applicant: Pemba Sherpa.

- El Taco Imperial de Texcala, LLC, new hotel-restaurant liquor license (application filed 10/30/2024): Continued to February for proof or plan of employee training and a more robust alcohol-service policy (applicant: Margarita Castrejon).

- Nepal House LLC (application filed 11/18/2024): Continued to next month at licensing staff request due to incomplete application materials.

- Boundary settings for two new venues (Birdie Factory at 2520 Arapahoe Ave; Mister Oso Boulder at 1253 Pleasant St): Both boundary settings approved.

- Minutes (BLA meeting 12/18/2024): Approved with minor corrections.

Why this matters

Boulder requires trainers who can certify alcohol servers under the city's Beverage Licensing Authority rules. With the state's trainer-certification process delayed, licensees face a timing gap that could leave new employees untrained or uncertified and, the authority concluded, could increase public-safety risk. The authority's decision to find reasonable grounds for emergency action does not itself change the rules; it starts a process in which the board may adopt a temporary, narrowly tailored fix after public notice.

What board members said

- Heather Besgard, director, Partners (responsible association of retailers): "We currently can't provide those certificates, not for lack of trying..." Besgard described trying to work with Boulder licensees while the state evaluates trainer applications.

- John Balliett, responsible-vendor trainer: "I've trained over 50,000 individuals in the state of Colorado... If you look at the state approved list as it stands today, there are 11 people." Balliett described geographic gaps and limits among the state's approved trainers.

- Roberto (city attorney): "Our BLA rules of procedure contemplate that you can take emergency action when you believe that there are grounds or reasonable grounds to believe that it is an issue of public health, safety, or welfare." He explained notice requirements when an emergency finding is not made.

- Chair Balifano (BLA chair): The chair argued the training gap "could be a public safety concern" and led the motion to find reasonable grounds.

Next steps

The authority asked licensing staff to circulate guidance and accept written public comment and scheduled the substance of the proposed rule suspension for a public hearing in February so the matter can be decided with public input. Until the board adopts any emergency rule, licensees are still expected to follow current BLA rules.

Ending note

Board members and trainers said they will continue working with city licensing staff and RAR to identify interim steps and to prepare materials the authority can review during the February hearing. The authority emphasized it will revisit any temporary allowance if the state's certification backlog has not cleared within the proposed review period.