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HomeMy WebLinkAbout11/21/2006 Blue Sheet Liquor License for Fire and Ice TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 21, 2006 AGENDA ITEM: I. 5 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk AGENDA TITLE: Resolution No. 2006-189: Relating to Liquor Licenses; consideration of recommendation to the State Liquor Board for a new No. 12 (Restaurant) liquor license submitted by Stewart Lee Roth on behalf of Fire & Ice, located at 12130 N. Dove Mountain Boulevard, Suite 104. DISCUSSION Stewart Lee Roth, on behalf of Fire & Ice, is applying for a new No. 12 (Restaurant) liquor license for premises located at 12130 N. Dove Mountain Boulevard, Suite 104. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. 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. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, 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 ofthe community". Fire & Ice 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 Staff recommends consideration of approval of this liquor license. SUGGESTED MOTION I move to approve Resolution No. 2006-189. -2- MARANA RESOLUTION NO. 2006-189 RELATING TO LIQUOR LICENSES; CONSIDERATION OF RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A NEW NO. 12 (RESTAURANT) LIQUOR LICENSE SUBMITTED BY STEWART LEE ROTH ON BEHALF OF FIRE & ICE, LOCATED AT 12130 N. DOVE MOUNTAIN BOULEVARD, SUITE 104. 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, Stewart Lee Roth has applied for a new No. 12 (Restaurant) liquor license on behalf of Fire & Ice for premises located at 12130 N. Dove Mountain Boulevard, Suite 104; and WHEREAS, Town staff filed one copy of the application in the office ofthe Town Clerk, and posted the other on the front ofthe premises at 12130 N. Dove Mountain Boulevard, Suite 104 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 November 21,2006, and has determined that it is in the best interests of the Town and its citizens that the application for a new No. 12 (Restaurant) liquor license for Fire & Ice, filed by Stewart Lee Roth for premises located at 12130 N. Dove Mountain Boulevard, Suite 104, be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Maran a, Arizona, that the Town recommends approval of the application for a new No. 12 (Restaurant) liquor license filed on behalf of Fire & Ice by Stewart Lee Roth for premises located at 12130 N. Dove Mountain Boulevard, Suite 104. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21 st day of November, 2006. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy Marana Resolution No. 2006-189