By Gentrye Houghton

The picturesque mountain town of Redstone, Colo., known for its historic charm and tight-knit community, is not typically a place one would expect to find a high-stakes business drama regarding the application of a new liquor license, and a small business has found itself at the center of a heated local controversy. Owner Justin Abad opened the Boulevard Barrel, across from Propaganda Pie, last summer and is now fighting to upgrade its liquor license, but local officials and neighbors are pushing back. Yet the ongoing dispute surrounding the business has become a focal point of local governance, highlighting the delicate balance between entrepreneurial spirit and community standards.

The story begins with Abad's desire to transform his current Fermented Malt Beverage and Wine Retail License into a Beer and Wine Liquor License with a Take Out and Delivery Permit. Under its current license, obtained last June, Boulevard Barrel is permitted to sell packaged beer and wine for off-premise consumption only. This means customers can purchase bottled or canned beer and wine to take home, but cannot consume alcohol on the business premises.

The proposed upgrade would allow for on-premise consumption, a seemingly modest request that has unexpectedly turned into a complex legal and community challenge. The location, situated in Redstone’s Village Commercial zone, which allows for mixed residential and commercial use, initially appeared to be a straightforward candidate for such a license.

However, the path to this license has been anything but smooth. The Pitkin County Board of County Commissioners (BOCC) convened on March 12th for the third hearing reviewing the application; with nearly 80 public comments received since February, each meeting uncovering new concerns about the business's operations and compliance with local regulations.

Site Plan and Compliance Issues

From the start, Boulevard Barrel faced significant hurdles. During a previous hearing, Abad was found to be in violation of several land use regulations, which became a central issue in the deliberations. The violations were multifaceted, as noted by Community Development staff in an email addressed to the BOCC, "The approved site plan shows two parking spaces in half the front yard and the other half of the yard as grass. Currently, the entire front yard is gravel, and parking is prohibited by temporary fencing, furniture, and other yard accessories.”

The specific violations included improper use of the front yard for parking and outdoor seating, non-compliant lighting fixtures, and failure to maintain required landscaping buffers. Upon an inspection conducted on March 5th, significant progress had been made. In an email, Joanna Schaffner, Senior County Planner, documented the improvements to the BOCC, "He is working hard and has cleared the front yard of all snow, revealing two legal-sized parking spaces which lie perpendicular to the Boulevard.”

One of the primary issues remained the site's compliance with local regulations. Sam Engen, Clerk to the BOCC, stated definitively, "There are still existing violations that have not been signed off on and approved." 

Among the ongoing concerns were adjustments to parking configurations, including a request for perpendicular parking spaces that would extend into Redstone Boulevard, pending approval from the County Engineer. New lighting fixtures were also selected to replace two exterior fixtures at the front of the house, but these remained pending approval from the Historic Preservation Officer.

Throughout the entire process, there seems to be massive confusion regarding the limits for tastings and alcohol consumption allowable under Abad’s current license. Under Colorado state law, tastings are permitted under strict regulations, limiting the number of samples and the volume of each pour; however, Boulevard Barrel does not currently have a tastings permit.

During his public comment, neighbor Jason Jaynes said, “The due diligence is Justin's responsibility and understanding what the rules are, what the expectations are, what the permitting processes are, and what the timelines may be for these requirements and the limitations of the specific site code, local codes, state codes, and licensing requirements.”

According to a Liquor Enforcement Division investigation report, an inspector visited Boulevard Barrel last year in August and found that tastings had been conducted for a short period before the local licensing authority intervened. The inspector recorded that upon inspection they had “learned Boulevard Barrel was conducting tastings for a short time at the location until the local licensing authority asked the owner… to cease until specific criteria were met.”

In a previous hearing, Abad stated that he believed he had everything in order for compliance but stopped the tastings immediately when told otherwise. During last month’s meeting, Commissioner Francie Jacober expressed concern about Abad’s previous statements regarding tastings. “Unfortunately, Justin himself told us [previously] that the restrictions on the amount of liquor consumed under a tasting license don’t work for him, and so that gave me pause that even if he had a tasting license, you might very well see further violations.”

Expressed Concerns

Public opposition played a significant role in the discussion. Several residents expressed concerns about noise, operating hours, and the potential transformation of the space into an active bar rather than a quiet retail establishment.

Regarding neighbor relations, Abad acknowledged tensions but maintained that he has remained open to discussions. However, Commissioner Greg Poschman pressed him on the issue, asking if he had reached out to his neighbors to address their concerns. “I asked if you were doing any outreach to your neighbors and talking with the people who have issues with your operation. Has there been any progress made?” Poschman inquired.

Abad responded candidly, "I haven't made any direct contact with my neighbors,” and added that he was "under the impression that they did not want to engage with me any further. So I'm here to state on record that I continue to commit to working with them and being less impactful if they'd like.”

Matt Schumacher, a neighboring resident, voiced concerns about communication, "We have had correspondences in the past with him, but we've gotten resistance when it comes to certain issues. We are always open to communication, but we don't feel like we're getting the same return."

Neighbor Courtney Jaynes was equally critical, "Justin has not reached out to us since maybe September or October regarding our concerns or grievances. I value integrity, respect, and honesty, and based on my personal observations, I have serious concerns about whether these principles are guiding the operation of Boulevard Barrel and its owner.”

BOCC Deliberation and Next Steps

During deliberations, County Attorney Richard Neiley clarified legal requirements regarding liquor consumption. "It is unlawful to consume alcohol in public spaces, and any alcohol consumed must be within the defined licensed premises," he stated. 

Neiley emphasized that if the new license were granted, "consumption would be strictly limited to the designated area outlined in the application, both indoors and outdoors, but not beyond those boundaries."

He also discussed tasting regulations, stating that a business must have a proper permit to conduct tastings, which the Boulevard Barrel does not currently hold, and there are strict limits on the number of samples and their volume. "These regulations are in place to ensure compliance with state liquor laws and prevent unauthorized on-premise consumption under a retail license," he said. 

Commissioners debated whether to approve the license application despite outstanding site violations. Kelly McNicholas Kury, Chair of the BOCC, noted that progress had been made toward compliance. “I think that they have made progress on the land use violations, sufficient for me to consider the liquor license now rather than delay it further,” she said.

Other commissioners, however, suggested possible modifications. Vice Chair Jeffrey Woodruff and Patti Clapper proposed reconsidering the business’s hours of operation. “We might want to look at some modification of hours to see if we can’t give people some respite from activity,” Clapper said. 

The two echoed each other with an interest in making corrections to the site plan that would align with community character and remain cognizant of Boulevard Barrel’s immediate neighbors. Clapper and Woodruff were in favor of approving the application with strict parameters and for Abad to return to the Board for the renewal in a year with a showing of compliance.

However, “I just wanted to respond to Patti saying that we'll give him a year to prove that he can do the right thing if we approve this,” Francie Jacober pushed back. “I just want to remind you that the State liquor license board and our local staff visited Justin on site and told him that they didn't find violations, but the record also states that they told him he could not serve alcohol on site and he continued to do so.”

Commissioners Jacober and Poschman were among those who supported denying the application, citing compliance concerns and neighborhood impact. Jacober noted that while the idea of a beer and wine establishment was appealing, Boulevard Barrel had not adhered to the restrictions of its existing license. “Unfortunately, that operation has been illegal, and even letters in support of Justin’s enterprise have referred to the fact that they’ve gone there and had glasses of wine," she stated. 

She expressed disappointment that the business had not followed proper procedures, adding, “Had he taken the correct steps, I would have been happy to go by there and get other people to go by there and enjoy it. It’s really sad that we're put in a position to not support a business in Redstone.”

Poschman echoed Jacober’s concerns and emphasized the trust issues surrounding the application. He pointed to neighbors' complaints regarding noise and disruptions, stating, “It’d be hard to be a neighbor and have a noisy bar next door when you thought it was going to be a quiet [wine shop].” 

He also highlighted the lack of communication between Abad and the community, stressing the importance of finding a resolution that respects both the business and the neighborhood; yet, such a resolution has yet to be reached.

Ultimately, the BOCC voted 4-1 to prepare a resolution for denial. The final decision will be made during the regular meeting on Wednesday, April 9th, where the resolution will be reviewed and public comments accepted.

Those interested in the outcome can review the resolution online as early as Friday, April 4th. Written comments may be submitted online by visiting records.pitkincounty.com/Forms/Public-Comment, or verbal feedback can be delivered during the meeting.

This liquor licensing battle highlights the delicate balance between small business aspirations and community expectations. It demonstrates how local regulations, neighbor relations, and compliance can significantly impact the delicate balance between Redstone’s residents and its commercial activity. As Justin Abad and the Redstone community await the final decision, the story serves as a reminder of the complex negotiations that often occur in small-town life.