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Boulder licensing authority finds emergency grounds as state backlog stalls trainer certifications
Summary
At its Jan. 15 hearing, the Boulder Beverage Licensing Authority found reasonable grounds to consider emergency action after trainers said Colorado's vendor-certification backlog is preventing issuance of employee certificates; the board agreed to bring a proposed three-month suspension of local training rules to a February vote.
The Boulder Beverage Licensing Authority on Wednesday found there were reasonable grounds to consider emergency action after trainers and a business association described a statewide backlog that has prevented responsible-vendor trainers from issuing certificates to employees.
The finding, made at the authority's Jan. 15 hearing, opens consideration of a narrowly framed emergency measure. Board members said they saw a public-safety rationale for a temporary fix because the backlog has blocked a routine training-and-certification process that Boulder requires for employees who sell or serve alcohol.
The authority voted to declare there are reasonable grounds to believe the situation implicates public health, safety or welfare. Chair Michael Califano moved the finding and Member Absalom seconded it; the motion passed by voice vote from members present.
Why it matters: Boulder rules require that employees who sell or serve alcohol receive training certified under state guidance before the city issues certain certification cards. Trainers and retail trade groups told the board that the state's approval process for individual "responsible vendor trainers" (RVT) is backlogged, leaving local trainers unable to transmit state-recognized certificates even after they complete the training.
Heather Besgard, director of the Partners organization, which houses the Responsible Association of Retailers (RAR) program, told the board that the group can run in-person trainings using TIPS and ServSafe materials but cannot supply Colorado RVT certificates because their application to the state is still pending. "We currently can't provide those certificates, not for lack of trying," Besgard said. "We're kind of handcuffed right now until we have certification from the state to be able to provide certificates." Besgard said members have been contacting RAR for help and asked the board to consider temporary flexibility.
Independent trainer John Balliett described the state's limited approved-trainer list and the operational consequences for Boulder businesses. "I've trained over 50,000 individuals in the state of Colorado," Balliett said, and he warned that the small number of trainers currently approved by the state cannot meet demand. Balliett said he's awaiting final approval of his RVT application and that the state is reviewing applications line by line.
The authority's attorney, Roberto (City legal counsel), explained the local rules for emergency action. "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," Roberto said, and he outlined notice and hearing requirements if the board decides not to find the emergency threshold.
After discussion the board debated a proposed, time-limited change that would allow previously approved trainers or trainers otherwise acceptable to the board to conduct required trainings while the state backlog clears. Chair Califano said he could "see an argument for public safety" because employees are not receiving required trainings under current conditions. Members raised legal and liability concerns and asked for a mechanism to review trainers on a case-by-case basis.
Board members agreed to place an amended proposal on the agenda for the authority's next hearing in February. The amendment would, if ultimately approved, suspend the city's training-timing requirement for a three-month period and permit trainers who previously delivered Colorado-approved programs (or trainers the board accepts after a brief review) to provide in-person training and documentation during that temporary period. The board did not adopt the three-month suspension during the Jan. 15 meeting; it voted only to schedule the formal vote at the February hearing.
Board members and staff advised licensees and trainers to coordinate with city licensing while the authority prepares the February agenda. Licensing staff said they will publicly notice the February item and accept written and in-person comment.
The authority asked RAR and trainers to prepare documentation the board could review in February. Licensing staff offered to circulate available contact information and suggested licensees and trainers use licensingonline@bouldercolorado.gov for written submissions ahead of the next hearing.
The board's action on Jan. 15 was limited to finding grounds to consider emergency action and to scheduling the proposed temporary rule for a formal vote in February. No suspension or rule change is effective until the authority takes a final vote at that later hearing.
