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HomeMy WebLinkAbout02/07/2006 Blue Sheet Marana Grocery Store Liquor License TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: February 7, 2006 AGENDA ITEM: 1.8 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, CMC, Town Clerk AGENDA TITLE: Resolution No. 2006-20: Relating to Liquor Licenses; approving and authorizing a recommendation to the State Liquor Board for a No. 10 (beer and wine store) liquor license application submitted by Pheng Hour Hak, on behalf of Marana Grocery Store, located at 13865 N. Sandario Road. DISCUSSION Pheng Hour Hak, on behalf of Marana Grocery Store, is applying for a (No. 10 (beer and wine store) liquor license for premises located at 13865 N. Sandario Road. The business is in compliance, and the Marana Police Department, showing no record on file, has completed a background check. In accordance with the State of Arizona Guide to Arizona Liquor Laws, the Clerk's office has received two copies of an application for a spirituous liquor license from the State Department of Liquor Licenses & Control Department. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. During the time the governing body is processing the application, the Department will conduct a background check of the applicant. If the application is approved at the appropriate government level, and no written protests have been received by the Department, and ifthere is no objection by the Director, the application will be approved. If the governing body disapproves the application or offers a "no-recommendation" decision, or if the protests have been filed with the Department, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in a person-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in a location-to-Iocation transfer need only prove that the granting of the license is in the "best interest of the community". The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4-201, 4-201.01, 4-203; Rule R-4-15-102. RECOMMENDATION Pheng Hour Hak, on behalf of Marana Grocery Store, has submitted his application for a (No. 10 (beer and wine store) liquor license for premises located at 13865 N. Sandario Road to the State of Arizona Department of Liquor License and has met the posting requirements. The office of the Town Clerk has received no comments in favor or against the application. Staff recommends consideration of approval of this liquor license. SUGGESTED MOTION I move to approve Resolution No. 2006-20. -2- MARANA RESOLUTION NO. 2006-20 RELATING TO LIQUOR LICENSES; APPROVING AND AUTHORIZING A RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A NO.1 0 (BEER AND WINE STORE) LIQUOR LICENSE APPLICATION SUBMITTED BY PHENG HOUR HAK, ON BEHALF OF MARANA GROCERY STORE FOR PREMISES LOCATED AT 13865 N. SANDARIO ROAD. WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Pheng Hour Hak, has applied for a No. 10 (beer and wine store) liquor license on behalf of Marana Grocery Store for premises located at 13865 N. Sandario Road; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the front of the premises at 13865 N. Sandario Road for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on February 7, 2006, and has determined that it is in the best interests of the Town and its citizens that the application for a No.1 0 (beer and wine store) liquor license for Marana Grocery Store filed by Pheng Hour Hak for premises located at 13865 N. Sandario Road be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends approval of application for a No. 10 (beer and wine store) liquor license filed on behalf of Marana Grocery Store by Pheng Hour Hak for premises located at 13865 N. Sandario Road. Marana Resolution No. 2006-20 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Maran a, Arizona, this 7th day of February, 2006. Mayor ED HONEA ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2006-20 Page2of2