Loading...
HomeMy WebLinkAbout10-06-2015 Amended Regular Council Meeting PacketAmended at 4:17 P.M. October S, 201 S k RA l70 MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 6, 2015, at or after 7:00 PM Ed Honea, Mayor Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member Pursuant to A.R. S. § 3 8- 431.02, notice is hereby given to the members of the Marana Town Council and to the general public that the Town Council will hold a meeting open to the public on October 6, 2015, at or after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center Drive, Marana, Arizona. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As a courtesy to others, please turn off or put in silent mode all pagers and cell phones. Meeting Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and /or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speakiniz at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, Amended Marana Regular Council Meeting 10 -06 -2015 Pagel of 144 you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessibility To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520) 3 82 -1999. Requests should be made as early as possible to arrange the accommodation. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.maranaaz.gov, by linking to the Town Clerk page under Agendas, Minutes and Recent Actions. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382 -1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana Municipal Complex, 115 5 5 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at www.maranaaz.gov on the Town Clerk page under Agendas, Minutes and Recent Actions. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be provided with electronic technology capabilities beyond the existing voice amplification and recording capabilities in the facilities and the Town's overhead projector /document reader. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the Amended Marana Regular Council Meeting 10 -06 -2015 Page 2 of 144 Council may respond to criticism made by those who have addressed the Council, and may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C Resolution No. 2015 -104: Relating to Public Works; approving and authorizing the Mayor to sign a release of deed of trust in connection with a public improvement participation agreement for the construction of a right turn lane for the Tangerine Ridge development project as part of the Tangerine Road - -Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive public works project (Frank Cassidy) C2 Resolution No. 2015 -105: Relating to Development; approving and authorizing the Mayor or the Town Manager to execute all legal instruments necessary or prudent to document, authorize, and consent to the assignment and assumption of developer rights, title, interest, and responsibilities relating to the Saguaro Bloom (formerly Saguaro Springs) project from and by Grayhawk Development and its related entities to and by D.R. Horton and its related entities; and ratifying the "Assignment and Assumption of Amended and Restated Agreement for Construction of Water Facilities and Provision of Water Utility Service for the Saguaro Bloom Development Project" previously signed by the Town Manager (Frank Cassidy) C3 Approval of September 15, 2015 Study Session Meeting and Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES Amended Marana Regular Council Meeting 10 -06 -2015 Page 3 of 144 L1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Claudio Jesus Martinez on behalf of the American Diabetes Association for Hogtoberfest to be held on October 31, 2015 (Jocelyn C. Bronson) L2 Relating to Liquor Licenses; recommendation to the Arizona state liquor board regarding an application to add sampling privileges to the existing liquor license at Wal -Mart Supercenter #5031 located at 8280 N. Cortaro Road, Marana, Arizona 85743 (Jocelyn C. Bronson) L3 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new Series #10 Beer and Wine Store liquor license application submitted by Heather Anne Hendon on behalf of Jacksons #813, located at 13960 N. Sandario Road, Marana, Arizona 85653 (Jocelyn C. Bronson) L4 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a Person Transfer and a Location Transfer of a Series #9 Liquor Store liquor license submitted by Jason Barclay Morris on behalf of CVS/Pharmacy #9273 located at 3785 W. Ina Road, Tucson, Arizona 85741 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Resolution No. 2015 -106: Relating to Community Development; approving and authorizing the Town Manager to execute one or more quit claim deeds in favor of Habitat for Humanity Tucson for Lot 49 of Honea Heights subdivision and Lots 1 and 4 and Parcel A of Sydney Place subdivision to be used for affordable workforce housing (Lisa Shafer) A2 Resolution No. 2015 -107: Relating to Utilities; Authorizing the Town Manager and staff to take all necessary and appropriate steps for the Town of Marana to receive from Avra Water Co -op, Inc. a conveyance of rights and assumption of obligations of Central Arizona Project Municipal and Industrial Water Service Subcontract; approving a draft form of conveyance agreement; and authorizing the Mayor to sign the conveyance agreement and all necessary Central Arizona Water Conservation District subcontract documentation at the conclusion of the approval process (John Kmiec) ITEMS FOR DISCUSSION /POSSIBLE ACTION Amended Marana Regular Council Meeting 10 -06 -2015 Page 4 of 144 D1 Resolution No. 2015 -108: Relating to Special Events; approving and authorizing the Mayor to execute an agreement between the Town of Marana and Perimeter Bicycling Association of America, Inc. regarding financial support for the 2015 and 2016 El Tour de Tucson events; and approving the transfer of a total of $10,000 in budgeted expenditure authority from the Economic Development, Tourism, and Parks and Recreation budgets to the General Governments Outside Agencies line item for purposes of funding the agreement for fiscal year 2016 (Tom Ellis) D2 Resolution No. 2015 -109: Relating to Administration; transferring $250,000 in budgeted expenditure authority from the General Fund contingency line item to the restricted budget line items within various Town departments in the fiscal year 2014 -2015 budget for unanticipated costs; reallocating $377,060 in expenditure authority between certain departments in the fiscal year 2014 -2015 budget due to a reorganization (Erik Montague) D3 Relating to Administration; presentation regarding Local Option #A of the Model City Tax Code (Erik Montague) D4 Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation /government actions and on recent and upcoming meetings of the other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS Pursuant to A.R. S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. El Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. E2 Executive session pursuant to A.R.S. § 38- 431.03(A)(7), for discussion and consultation with the Town's representatives and attorneys to consider the Town's position and instruct its representatives and attorneys regarding negotiations with the Arizona State Land Department concerning the current lease and possible future auction of the Tortolita Preserve. E3 Executive session pursuant to A.R.S. § 38- 431.03(A)(4) in order to consider the Town's position and instruct the Town's attorneys regarding the Town's position regarding the anticipated Carranza sewer connection claim for the home located at 8755 North Biscay Place in Continental Ranch. Amended Marana Regular Council Meeting 10 -06 -2015 Page 5 of 144 FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more Council members request that an item be placed on the agenda, it must be placed on the agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana Town Code Section 2- 4 -2(B). ADJOURNMENT Amended Marana Regular Council Meeting 10 -06 -2015 Page 6 of 144 MARANA 115 5 5 W. CI� C CENTER DRIVE, NIARANA. ARIZ ONA 8 5 6 5 3 Item C I To: Mayor and Council From: Frank Cassidy, Town Attorney Date: October 6, 2015 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2015 -104: Relating to Public Works; approving and authorizing the Mayor to sign a release of deed of trust in connection with a public improvement participation agreement for the construction of a right turn lane for the Tangerine Ridge development project as part of the Tangerine Road - -Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive public works project (Frank Cassidy) Discussion: The Tangerine Ridge development project is located on the south side of Tangerine Road, adjacent to the Tangerine Road Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive public works project. The developer of Tangerine Ridge is a trust whose beneficiary is Sharpe & Associates. The Town and the developer of Tangerine Ridge entered into a public improvement participation agreement (approved by Marana Resolution No. 2014 -075) for the Town to construct a right turn lane for the Tangerine Ridge development project as part of the Tangerine Road public works project. To secure its financial obligations under the public improvement participation agreement, the developer recorded a deed of trust in the amount of $75,000 against the Tangerine Ridge property. The developer is now negotiating the sale of the Tangerine Ridge property, and has requested the option of replacing the deed of trust with $75,000 cash, so that the deed of trust can be removed from title. Cash is better security than a deed of trust. If approved, this resolution will authorize the Mayor to sign and deliver into escrow a release in a form approved by the Town Attorney, releasing the deed of trust securing the developer's obligations under the Tangerine Ridge public improvement participation agreement, with instructions that the release be recorded upon delivery of $75,000 in cash to the order of the Town. The resolution also provides for the $75,000 to be held by the Town as security for the developer's obligations under the public improvement participation agreement, with any balance Amended Marana Regular Council Meeting 10 -06 -2015 Page 7 of 144 remaining after the developer's obligations are satisfied being returned to or as directed in writing by the developer. Staff Recommendation: Staff recommends adoption of Resolution 2015 -104, authorizing the Mayor to sign a release of the deed of trust securing the developer's obligations under the Tangerine Ridge public improvement participation agreement. Suggested Motion: I move to adopt Resolution 2015 -104, authorizing the Mayor to sign a release of the deed of trust securing the developer's obligations under the Tangerine Ridge public improvement participation agreement. Attachments: Resolution No. 2015 -104 Amended Marana Regular Council Meeting 10 -06 -2015 Page 8 of 144 MARANA RESOLUTION NO. 2015-104 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO SIGN A RELEASE OF DEED OF TRUST IN CONNECTION WITH A PUBLIC IMPROVEMENT PARTICIPATION AGREEMENT FOR THE CONSTRUCTION OF A RIGHT TURN LANE FOR THE TANGERINE RIDGE DEVELOPMENT PROJECT AS PART OF THE TANGERINE ROAD DOVE MOUNTAIN BOULEVARD /TWIN PEAKS N ROAD TO LA CANADA DRIVE PUBLIC WORKS PROJECT WHEREAS the Town and the developer of the Tangerine Ridge development project, which lies adjacent to the Tangerine Road Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive public works project, entered into a public improvement participation agreement ( Marana Resolution No. 2014 -075) for the Town to construct a right turn lane for the Tangerine Ridge development project as part of the Tangerine Road public works project; and WHEREAS the developer recorded a deed of trust in the amount of $75,000 against the Tangerine Ridge property, to secure the developer's financial obligations under the public improvement participation agreement; and WHEREAS the developer has requested the option of replacing the deed of trust with $75,000 cash, to remove the deed of trust from title to the Tangerine Ridge property in the event of sale to a third party; and WHEREAS the Mayor and Council of the Town of Marana find that cash is better security than a deed of trust for purposes of securing the developer's financial obligations to the Town under the public improvement participation agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that Mayor is hereby authorized to sign and deliver into escrow a release in a form approved by the Town Attorney, releasing the deed of trust recorded in the office of the Recorder of Pima County, Arizona, on August 6, 2014, at Sequence 20142180068, with instructions that the release be recorded upon delivery of $75,000 in cash to the order of the Town. IT IS FURTHER RESOLVED that the $75,000 shall be held by the Town as security for the developer's obligations under the public improvement participation agreement, and any balance remaining after the developer's obligations are satisfied shall be returned to or as directed in writing by the developer. 00043333.DOCX /1 Marana Resolution No. 2015 -104 - 1 - 9/21/2015 1:27 PM FJC Amended Marana Regular Council Meeting 10 -06 -2015 Page 9 of 144 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 6th day of October, 2015. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney 00043333.DOCX /1 Marana Resolution No. 2015 -104 -2- 9/21/2015 1:27 PM FJC Amended Marana Regular Council Meeting 10 -06 -2015 Page 10 of 144 MARANA 115 5 5 W. CI� C CENTER DRIVE, NIARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: October 6, 2015 Strategic Plan Focus Area: Not Applicable Item C2 Subject: Resolution No. 2015 -105 Relating to Development; approving and authorizing the Mayor or the Town Manager to execute all legal instruments necessary or prudent to document, authorize, and consent to the assignment and assumption of developer rights, title, interest, and responsibilities relating to the Saguaro Bloom (formerly Saguaro Springs) project from and by Grayhawk Development and its related entities to and by D.R. Horton and its related entities; and ratifying the "Assignment and Assumption of Amended and Restated Agreement for Construction of Water Facilities and Provision of Water Utility Service for the Saguaro Bloom Development Project" previously signed by the Town Manager (Frank Cassidy) Discussion: Grayhawk and its related entities sold D.R. Horton all remaining undeveloped land in the Saguaro Bloom (formerly Saguaro Springs) development project on September 18. This resolution ratifies the Town Manager's authority to sign the Town's approval of the assignment of developer's rights and responsibilities under the Saguaro Bloom water service agreement, and authorizes the Town Manager and the Mayor to sign any other documentation evidencing the Town's approval of the assignment of rights to D.R. Horton. A copy of the water service agreement assignment is included with the backup materials. Staff Recommendation: Town staff recommends adoption of Resolution 2015 -105, ratifying and approving the assignment to D.R. Horton of all developer rights and responsibilities for the Saguaro Bloom development project. Suggested Motion: Amended Marana Regular Council Meeting 10 -06 -2015 Page 11 of 144 I move to adopt Resolution 2015 -105, ratifying and approving the assignment to D.R. Horton of all developer rights and responsibilities for the Saguaro Bloom development project. Attachments: Resolution No. 2015 -105 WSA assignment Amended Marana Regular Council Meeting 10 -06 -2015 Page 12 of 144 MARANA RESOLUTION NO. 2015-105 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR OR THE TOWN MANAGER TO EXECUTE ALL LEGAL INSTRUMENTS NECESSARY OR PRUDENT TO DOCUMENT, AUTHORIZE, AND CONSENT TO THE ASSIGNMENT AND ASSUMPTION OF DEVELOPER RIGHTS, TITLE, INTEREST, AND RESPONSIBILITIES RELATING TO THE SAGUARO BLOOM (FORMERLY SAGUARO SPRINGS) PROJECT FROM AND BY GRAYHAWK DEVELOPMENT AND ITS RELATED ENTITIES TO AND BY D.R. HORTON AND ITS RELATED ENTITIES; AND RATIFYING THE "ASSIGNMENT AND ASSUMPTION OF AMENDED AND RESTATED AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT" PREVIOUSLY SIGNED BY THE TOWN MANAGER WHEREAS the Saguaro Bloom development project covers the geographic area depicted in the subdivision plat Saguaro Springs Blocks 1 thru 10 & A thru D and Lots 1 thru 9 & A and B, recorded in the office of the Recorder of Pima County, Arizona, at Book 58 of Maps and Plats, Page 23; and WHEREAS Grayhawk Development, Inc., an Arizona corporation, and its related entities, MARANA LAND HOLDINGS, LLC, an Arizona limited liability company, and MARANA 670 HOLDINGS, LLC, an Arizona limited liability company, (all of which are collectively referred to in this resolution as "Grayhawk ") was the master developer of the Saguaro Bloom development project; and WHEREAS, on or about September 18, Grayhawk sold its remaining right, title, and interest in and to the Saguaro Bloom development project to D.R. Horton, Inc., a Delaware corporation, and its related entities (all of which are collectively referred to in this resolution as "D.R. Horton "); and WHEREAS, to accommodate the prompt sale of the remaining undeveloped portion of the Saguaro Bloom development project, the Town Manager signed the approval block on behalf of the Town in the instrument entitled "Assignment and Assumption of Amended and Restated Agreement for Construction of Water Facilities and Provision of Water Utility Service for the Saguaro Bloom Development Project" (the "WSA Assignment "); and WHEREAS D.R. Horton and the Town wish to ratify the Town's approval of the WSA Assignment; and WHEREAS the Town of Marana desires to facilitate the assignment and assumption of developer rights, title, interest, and responsibilities from and by Grayhawk to and by D.R. Horton; and Marana Resolution No. 2015 -105 - 1 - 9/29/2015 2:14 PM FJC Amended Marana Regular Council Meeting 10 -06 -2015 Page 13 of 144 WHEREAS the Mayor and Council find that this resolution is in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Mayor and the Town Manager are each hereby independently authorized and directed to execute for and on behalf of the Town of Marana all legal instruments necessary or prudent to document, authorize, and consent to the assignment and assumption of developer rights, title, interest, and responsibilities relating to the Saguaro Bloom development project from and by Grayhawk to and by D.R. Horton, including without limitation any and all consents to assignment, substitutions of subdivision assurances, and estoppel certificates relating to agreements and legal instruments to which the Town is a party or has a legal interest and which are determined by the Town Attorney (as evidenced by execution of the "approved as to form" block on each legal instrument) not to materially change the rights and responsibilities of the Town of Marana. IT IS FURTHER RESOLVED ratifying the Town's approval of the WSA Assignment previously signed by the Town Manager. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 6 th day of October, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2015 -105 -2- 9/29/2015 2:14 PM FJC Amended Marana Regular Council Meeting 10 -06 -2015 Page 14 of 144 * E RECORDING * Paae 1 of 5 z s { tA�r WHEN RECORDED RETURN T0 S 20152610793 No. Pages 5 9/18/2015 6:00 PM F. ANN RODRIGUE Z , RECORDER 9 unkrP Recorded B KES (e-recardin The Lenihan Law Firm, P.C. 1050 East River Road, Suite 300 Tucson., AZ 85718 Attn: Stephen J. Lenihan ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT FOR THE SAGUARO BLOOM DEVELOPMENT PROJECT This Assignment and Assumption. of Development Aire ment for the Saguaro Bloom. Development Project (the " Ass ent ") i s made as of th day of September 2015 (the "Effective Date ") by and between Martina 670 Holdings, LLC, an Arizona limited liability company ( " Assignor "), Twin Peaks Development, Inc., an Arizona limited liability company ( "Twin Peaks "), and D.R. Horton., Inc., a Delaware corporation ( " Assignee "). RECITALS A. Assignee and Twin. Peaks are parties to that certain. Development Agreement for the Saguaro Bloom Development Project recorded on July 22, 2011, at Sequence 2011 2030004, Official Records of Pima County, Arizona (the "Development Agreement "). B. Assignor and Ii %win Peaks desire to assign all of their rights, title, interest, privileges, duties, obligations and liabilities as the Owner and Developer, respectively, under the Development Agreement to Assignee, and Assignee desires to accept such assignment, on the terns and ennd'itions set forth herein.. AGREEMENTS In consideration of the premises above and the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee, intending to be legally bound, for themselves and their successors and assigns, agree as follows: 1. Definitions. Except as otherwise defined herein, all capitalized - terms used herein and in the Recitals above shall have the meanings ascribed thereto in the Development Agreement. 2. Assignment Assignor and Twin Peaks hereby grant, transfer, convey and assign to Assignee all of Assignor's and Twin. Peaks' rlghts, title, interest, privileges, obligations, duties and liabilities as the Owner and Developer, respectively, under the Development Agreement. Following the Effective Date, all references to the Owner or Developer in the Development Agreement shall be to Assignee, Amended Marana Regular Council Meeting 10 -06 -2015 Page 15 of 144 * E RECORDING * Page 2 of 5 Sequence No. 20152610793 3. Assu Assignee hereby accepts the foregoing assignment and assumes and agrees to observe and perform, as a direct obligation to the Town, all duties, obligations and liabilities of Assignor and Twin peaks under the Development Agreement arising or occurring or to be performed on or after the Effective Date. 4. Indern.n.ification. Assignee agrees to indemnify, defend and hold harmless Assignor and Twin Peals for, from and against any and all actual or alleged liability, loss, cost, damage and expense (including, without limitation, reasonable attorneys' .fees and. costs) arising out of or based upon Assignee's breach of any obligations or duties of the Owner or Developer under the Development Agreement from and after the Effective Date. Assignor and Twin peaks hereby agree to indemnify, defend and hold harmless Assignee for, from and against any and all actual or alleged. liability, loss, cost, damage and expense (including, without limitation, reasonable attorneys' fees and costs) arising out of or based upon Assignor's or Twin peaks' breach of any obligations or duties of the Owner or Developer under the Development Agreement prior to the Effective Date. 5. Notices. For purposes of notices under the Development Agreement, Assignee's name and address are as follows: D.R. Horton, Inc. 3580 W. Ina Road, Suite 100 Tucson, Az 85741 Attn: Division president 6. Further Assurances Assignor covenants that it will, at any time and from time to time following a written request therefor, execute and deliver to .Assignee any additional or confirmatory instruments and take such further acts (including, without limitation, sending notices of this Assignment to the Association) as Assignee may reasonably request to evidence fully the assignment contained herein, so long as such instruments do not impose personal liability on Assignor. 7. Bindi This Assignment shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns. 8. Governin y Law. This Assignment shall be governed by and construed in accordance with the laws of the State of .Arizona. 9. Counterparts This Assignment may be executed in any number of counterparts, each of which shall be deemed an original instrument, but all of which when taken together shall constitute one and the same instrument. 10. Attorneys' Fees Should any litigation or administrative proceeding be commenced between, the parties hereto concerning this Assignment, or the rights and duties of either party in relation thereto, the prevailing party in such litigation or proceeding, shall be entitled, in addition to such other relief as may be granted, its reasonable attorneys' fees, expert witness fees, litigation. related expenses, and court costs in such litigation or proceeding. 10667954.3 2 Amended Marana Regular Council Meeting 10 -06 -2015 Page 16 of 144 * E RECORDING * Page 3 of 5 Sequence No. 20152610793 I L Construction of The provisions of this Assignment shall not be construed in favor of or against either party, but shall be construed as if both parties prepared this Assignment,, IN WITNESS WHEREOF, the parties have executed this Assignment as of the day and year first above written, ASSIGNOR: Marana 670 Holdings, LLC, an Arizona limited liability company By: Turin Peals Development, Inc., an Arizona corporation, Sale Member By: I an Baehr, Nice President STATE, OF ARIZONA ) )Ss. County of Maxicopa ) r The foreg instrument was acknowledged before me this � day of September, 2015, by Brian Baehr, vice President of Twin Peals Development, Inc., an Arizona corporation, Sole Member of Marana 670 Holdings, LLC, an Arizona limited- liability company, on behalf of such entities, tart' Public THOMAS P. ANZALDUA My Comm Exp1res: Notary Publ - S tate of Anz MARICOPA COUNTY M Commission Fixp#rea Nov. 26, 2018 1066 7954.3 3 Amended Marana Regular Council Meeting 10 -06 -2015 Page 17 of 144 1066 7954.3 3 Amended Marana Regular Council Meeting 10 -06 -2015 Page 17 of 144 * E RECORDING * Pace 4 of 5 S equence No. 20152610793 STATE OF ARIZONA � )S s. County of Maricopa } 'WIN PEAKS Twin peaks Development, Inc., an Arizona corporation By• �. Ile A rian - aehr, Vice president The foregoing instrument was acknowledged before me this LA day of September, 201.5, by Brian Baehr, Vice president of ` wl*n peaks Development, Inc., an ,A.rizona corporation, on behalf of such entity. Lary public My Commission Expires: THOMAS P. ANZALD UA Notary Public - State of Arizona MARICOPA COUNTY My Commission Expires Nov. 25, 2018 1. 0667954.3 4 Amended Marana Regular Council Meeting 10 -06 -2015 Page 18 of 144 * E RECORDING * Pace 5 of 5 Sequence No 2015 ASSIGNEE, DK Horton, Inc a Delaware corporation ,,, l .�► ------------------ STATE of ARIZONA � ) SS . County o f The foregoing instrurne t was a owl dged before me this day of September, 2015, by 4- &j-- of D.R, Horton, Inc., a Delaware eorporati n, on behalf thereof. -`?- �,N) AA 1AC1 Notary public My Commission Expires; AA , - P . d ►A► yr � f 10667954.3 5 Amended Marana Regular Council Meeting 10 -06 -2015 Page 19 of 144 CONSENT The undersi hereb consent to the fore Assi APPROVED AS TO FORM: Cas Town Attornp APPROVED AS TO CONTENT: Town of Marana, an Arizona municipal corporation B y : A ilb4'Da'v1*dson, Town Mana n Kmiec, Water Director STATE OF ARIZONA ss. Count of Pima The fore instrument was acknowled before me this,41 da of September, 2015, b Gilbert Davidson, Town Mana of the Town of Marana, an Arizona municipal corporation, on behalf thereof. Notar Pubfic M Commission Expires: 1 17 2014 1 066813 5.3 Amended Marana Re Council Meetin 10-06-2015 Pa 20 of 144 NOTARY PUBLIC STATE OFARIZONA County of Pima '.,,° DIANEMANGIAI,ARDI My Commission Expires __ March 17, 2016 Pa 20 of 144 MARANA _ r' o� 115 5 5 W. CI C CENTER DRIVE, NIARANA. ARIZ ONA 8 5 6 5 3 Item C3 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: October 6, 2015 Subject: Approval of September 15, 2015 Study Session Meeting and Regular Council Meeting Minutes (Jocelyn C. Bronson) Attachments: Draft Study Session Meeting Minutes 09 -15 -2015 Draft Regular Council Meeting Minutes 09 -15 -2015 Amended Marana Regular Council Meeting 10 -06 -2015 Page 21 of 144 NowN ot% 1 7 9 MARANA 7 �R►ZON� STUDY SESSION MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 15, 2015, at or after 6:00 PM Ed Honea May l y . �► Jon Post, Vice Mayor David Bowen, Council Member Patti Comerford, Council Member I li Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member 'STUDY SESSION'' IJ,V 1 7 CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:02 p.m. Town Clerk Bronson called roll. Council Member Ziegler was excused. There was a quorum present. PLEDGE OF ALLEGIAN /INVOCAT / OF SILENCE. Postponed until i _ the regular meeting qL 0 *tk16, APPROVAL OF AGENDA. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 6 -0. �1. V ..m ...m" ,mm ..m., CALL TO THE PUBLIC. No speaker cards were presented. DISCUSSION /DIRECTION /POSSIBLE ACTION D 1 Relating to Development; presenting and discussing a three - dimensional virtual flyover of future Marana Main Street for possible use as a tool to facilitate downtown Marana development. Presented by Ryan Mahoney, noted that the video is a compilation of three different specific plans. The scoping went from Sandario Road, through Marana Main Street and what is currently the cotton field still in production, Barrios de Marana, then across Grier Road to Rancho Marana West Towne Center. These are all specific plans. Also used was information and exhibits from Swaback & Associates with some interesting imagery. The architect used a lot of the entitlements, words on the page and two - dimensional images and translated all of that into the 3 -D rendering. Ryan anticipates that this is really the start of a conversation for Marana Main Street. When the architect came up with some of the renderings, we ultimately had to choose September 15, 2015 Study Session Minutes 1 Amended Marana Regular Council Meeting 10 -06 -2015 Page 22 of 144 colors on the buildings, a palette of landscaping, pedestrian amenities and some park areas. These aren't necessarily going to be in those exact locations. Ryan did get some reactions and a lot of positive feedback from staff and the department heads when he showed the video. It's about generating a conversation. The first image starts at the entrance which is just south of the new McDonald's, and goes southeast, then basically turns around and comes back. After the video, Council comments were varied. Council Member Bowen said it was a very nice presentation and would get people thinking. He understands that how things will look specifically isn't ironed out yet, but he likes that it shows a stylish main street and that we're not just interested in having stores and shops, restaurants and eventually night life; a place where people can walk around comfortably. He doesn't want it to look like a strip mall, and this was brought out clearly in the video. There is a long way to go, but no one is walking in with money at this time. However, his sense is that if someone sees this video they would know not to bring their cheapest ideas to Marana. Council Member Kai asked if the design guidelines from Swaback were cast in stone. He doesn't want businesses trying to locate here who expect to see a Scottsdale, and he doesn't want the town to price itself out of a market. He would like to be flexible and stay close to the 3D rendering. Council Member McGorray thought the first half of the video was good, but it seemed to go on and on. This appears to be a long -range plan, and she asked if we shouldn't be more immediate in what we want from the video to show — say in the next 10 years. She would also like to see the design to be more specific to Marana. The video appears to reflect a look more in keeping with Los Angeles or Phoenix. Council Member Comerford had some difficulty identifying landmarks in the video, and she has concern about architectural content in that once a design is out on the street, people will think it's the final design. She would like more discussion about architectural design and more Council input; this isn't what she envisioned. She just wants to be cautious about what we put out to future developers so that we maintain our vision. Vice Mayor Post thought the conceptual plan was very good, and it's a great start. He understands that it may or may not look like the video in the future. One thing he especially wants, especially if there is going to be a commercial aspect, is to move our planning outward so that people will not only come to this area, but they will know how to get there and how to move around and connect easily. If we do that in advance of the building, he believes it will greatly enhance someone wanting to come in. As the video began, he envisioned an outlet mall on a smaller scale than what is at Twin Peaks, but that won't happen if we don't have everything people are looking for. Mayor Honea thought the video started strong, and you could see clear architectural form. Further along, he felt it got away from that with less specificity on roads. He said originally all the plans for Main Street had walkable streets where they easily crisscrossed to shops on either side. Some of the video seemed more like a freeway, especially at night, and more suited to vehicle traffic. He understands the idea that we're looking at a bigger picture. He also expressed concerns about the palm trees as did other Council Members. Mr. Mahoney responded to these comments and concerns and noted that the architect took some stylistic license. Some of the parking arrangements along Main Street may be modified, but it's a good place to start a discussion and give folks an idea of what we think Main Street could be. So in that way it's a pretty effective tool. His understanding of what Swaback had done didn't actually have anything binding to it. It's the specific plans that will govern what is to be done in those areas, and he doesn't believe the architect is overreaching with the requirements. Mr. September 15, 2015 Study Session Minutes 2 Amended Marana Regular Council Meeting 10 -06 -2015 Page 23 of 144 Mahoney said that while this is the finished product there is opportunity to make changes over time with more detail. He noted that the total distance covered is about a mile. You can repeat some of the form that you saw at the beginning to make the whole seem less homogenous. If we're going to be cost - sensitive we can have those discussions with the architect without having to reinvent the wheel. There is a lot of repetition with the plant type which could be very expensive. It's important to think of this as a vision that could be 20 -30 -40 years to build out unless we were able to attract an interested developer who finds the market to be advantageous. If you show what can be built in the next 10 or 20 years, there will probably be a lot of vacant space. One of the reasons there is more specificity at the beginning of the video along Marana Main Street is because we are seeing some activity in there. The Barrios de Marana piece doesn't have action right now. In the area where Town Hall is, there may be ways to incentivize development because the town owns the land. The video takes what the specific plans say you can do and translates that into a three dimensional product. With regard to the palm trees or desert landscaping, those are all things that will organically take shape as we develop through there. What we're seeing now on Main Street and with some of the development occurring toward Marana Main Street is a desert landscape palette. As we move down the road and start on the land development code, architectural controls can be put in. Some may be voluntary, but they could be incentivized. There is a good deal of leeway to develop those parcels with a variety of architecture. But at the moment we don't have that much control. It's a matter of developing tools that would allow us to exert more control if we want to and how we work with the development community to be able to do that. Mr. Davidson interjected that most Marana residents don't know where downtown Marana is. He often hears long -time residents from north Marana say "I'm going to go into town." This is the opportunity that we have to create a sense of place so that we know what they mean when they say they're "going into town" such as Ina or Cortaro. This would be the heart where someone from Dove Mountain or Continental Ranch would say, "I'm not going to Tucson. I'm going up to Main Street for shopping." So he thinks the power of this video, apart from the detail, is to plant a seed that Marana is serious about creating a heart and a sense of place that will begin to identify that we have a true downtown, a main street concept. There is a lot of work to do on the image and aesthetics. But the other power to this is that it really begins to get people excited that Marana is going to be its own self - contained community. D2 Relating to Development; discussion and overview of proposed Land Development Code comprehensive revision process and goals. Ryan Mahoney presented this item as the kick -off of a big project for the town and the Planning Department. This document essential governs everything that is done in the Planning department and translates to what they see every day in the built environment. We know that we want to build an incredible community. That is obvious in the Strategic Plan and the General Plan and things like recreation, schools, connectivity and community are all terms that are strung through these documents. One of the things we need to do to build that is that we give developers and builders the tools to come to Marana, get through a process in a realistic time frame and have a menu of choices for different development types that is cost - effective and that is currently not in the code; specifically our zoning districts that don't offer a great incentive for wanting to build a certain way by adding some amenity to a subdivision that would not otherwise be there. That is a section of this effort that we are really going to need to look at. Part of the reason that we don't see a lot of our rezonings that come September 15, 2015 Study Session Minutes 3 Amended Marana Regular Council Meeting 10 -06 -2015 Page 24 of 144 before Council in the form of hard zoning is because we have a lot of specific plans. The reason for the proliferation of specific plans is because there aren't a lot of great choices within our zone districts allowing for flexibility. He gave an example of the town having a 55 by 80 foot lot. We see specific plans coming forward so they can get a 50 foot lot. That doesn't make a lot of sense because the Planning Department has to administer custom codes for each subdivision throughout the town. Over time it becomes harder to do that. Another aspect to work on is procedures. Right now the rezoning process for a five -acre parcel of land is the same as a 500 - acre piece of land. We believe an easier or a zoning light procedure could make some sense depending on the criteria required. There are communities that are doing this and doing it well. Off - street parking and landscaping are some of the chapters we want to delve into. There are more innovative and contemporary ways to deal with parking instead of putting big swaths of concrete or asphalt in front of the store, you can make it a lot more inviting and even reduce parking requirements for some of the stores. Using the standards we have had for a long time, a lot of our commercial areas are over - parked. Council has budgeted for a consultant to assist with the process. Our next step will be to put out a Request for Qualifications and then solicit for services based on what different vendors can provide to match up with our goals and parameters. The City of Maricopa went through a process to redo their entire zoning code. They came up with a lot of innovative ways to address future growth. Similar to Marana, they are growing and have a lot of land to grow into. Maricopa hired a San Francisco firm who had experience from all over the world. While we don't necessarily want to bring California or the northwest to Marana's geography, there are many consultants with a lot of experience who have seen a lot of innovations in planning. That will hopefully allow us to attract the best and the brightest to our effort. The process will also require our staff to see that what happens gets tailored to local conditions, local developers, builders, elected and appointed officials, business leaders and residents in the community. Our staff will set up the stakeholder and steering committee groups that will be guiding the development of this document. We want to make sure from the beginning that we are reaching out to all of those people who have an interest in this project, and get as much feedback as we can so it truly is a reflection of what the people in Marana want to see. We have also gone through an effort in the past with Clarion & Associates who did a study on our existing code. Several issues are still relevant today. Some of the goals are to reorganize and reformat the code and make them easier to navigate for both paper and online versions; streamlining the administrative reviews and appeal procedures; reducing the reliance on the specific plans; modernizing and expanding the choices for zone districts; diversifying and protecting our residential and commercial development areas; and revising the development and design standards to improve development quality. We do have some of these in place today. Council input is critical on this because it is a very important document for our built environment. Mayor Honea commented on specific plans having the potential adverse impact on development as well as the old alphabet zones. He asked if there is a way to work some specificity into the code for those as well. Mr. Mahoney responded that Maricopa had a similar problem, and they were able to make some changes through incentives. He has also had experience with landowner - initiated zoning in a county that was otherwise unzoned. So there was a myriad of land issues occurring and some disagreement as to what uses or rights were on those pieces of land. It's possible to reach out to those folks who have that land use on them and incentivize them and take them through the process so that within the next two years or whatever time period, you come to us and we'll take you through September 15, 2015 Study Session Minutes 4 Amended Marana Regular Council Meeting 10 -06 -2015 Page 25 of 144 the process for a discounted fee and hard zone your parcel. If there is the predictability of hard zoning, it makes the property arguably more marketable and perhaps more valuable. There are ways to work through it. Vice Mayor Post he would like to have addressed that there be more private streets or some kind of a maintenance district depending on the size of a development so that there are monies available to maintain. Also, look to increasing lot splits from three to five and incentivizing for more, larger lots instead of having to go through the platting process. D3 Relating to Development; discussion of Land Development Code updates, clean -ups, and reformats to be brought forward for adoption separately from and prior to the comprehensive Land Development Code rewrite. Ryan Mahoney noted that this item is different from the comprehensive changes just discussed. These are clean -up items. He identified too that the Planning staff has discussed and why they are necessary in view of the comprehensive rewrite. The rewrite is a more protracted process so it could be up to two years before it finally gets adopted. First is handicapped or accessible parking. Right now we have a requirement in our code that mandates that a handicapped or accessible parking space is 19 feet in depth. The rest of our parking spaces are required to be 18 feet in depth. This brings up issues when we are doing site planning in that it sends ripples through the development when they have to add that foot. Either they cheat into the access lane behind the parking or they have to increase the size of all of their parking stalls that are adjacent to it. In order to not be contradictory to what the ADA requires, he looked into their requirement which is 18 feet for a parking stall. He is suggesting that we don't put a number on ours but refer to the ADA standards as our standard. Should those standards change over time, we don't have to change our code. It makes it a lot more functional and easier for site planning. The second one is that we are continuing to see requests for rezonings. In the R -6 zonings, which are the most common request for rezonings, he would like to change the lot width requirement to 50 feet from 55 feet. Builders still have to be at 6,000 square feet, so they still have to make the lot a little deeper, but in discussions with different builders and planning folks, this allows them to have more flexibility on a site for hard zoning. It also allows us to avoid some specific plans that might come through in the next 18 months. It allows for the builders to have a variety of housing models. He researched what some of the other communities are doing and what our specific plans are showing. And where we have these 6,000 square foot lots, they are allowing for a little narrower lot. Mayor Honea raised some questions on the narrowing of the lot size. Mr. Mahoney reiterated that the building codes still must be adhered to with the same setback requirements which is three feet now but you might have to fire -rate that wall. So many of our specific plans have been approved with that narrower lot as well, so we have that condition existing now. While it could make a difference, he's not convinced that it could change the character of the neighborhood significantly. Council Member Bowen asked for clarification on why go to a narrower lot. Mr. Mahoney replied that he is seeing more and more requests for that slightly narrower lot. When we tell them our preference is to hard zone the property because they are asking only for a residential plan, it doesn't make sense to keep processing the specific plans for what seems to be an accommodation of a five -foot narrower lot. From the building community's standpoint, it does give them more flexibility with the models and increases the number of models. Currently, you can't repeat a model but for every five homes. We often get to the end of a subdivision, and the models that they have approved — they can't meet that requirement. So then they have to do some architectural changes. So this would help to alleviate a little bit of that. Ryan restated that this is a temporary fix. When we get into the Land Development Code rewrite, we'll think a little September 15, 2015 Study Session Minutes 5 Amended Marana Regular Council Meeting 10 -06 -2015 Page 26 of 144 more broadly, but a lot of the specific plan versus hard zoning discussion comes down to a simple fact of that five feet of lot. Mr. Cassidy interjected that the last piece is about the clean -up items. Staff has talked internally and know that things that don't make sense anymore need to be cleaned up before we hand the project off to a consultant. That is the reason for his six -page memorandum showing deletions from mostly the administrative provisions to make it more consistent with how we currently do business. A good example is that every time someone wants to do a development agreement, we have the discussion of doing it the way we've historically done it, which is going straight to Council or the way it says in the Land Development Code where you go to the Commission, and they don't know what to do with the development agreement. Historically, the development section was written into the Land Development Code as if a person was going to get entitlements through that process, and we never do entitlements through a development agreement. We always do entitlements through the rezoning process. And that's just one example. So the point of this is to authorize us to go ahead and so the cleanup of items that should have been deleted before the consultant asks us about them. The changes will look voluminous to you when we come back to Council, but it is the least interesting part of the rewrite. Mayor Honea asked if all the suggested deletions or changes will be available to Council. Mr. Cassidy responded that they would be. That would apply to both the clean -up and the rewrite. Mr. Mahoney said these changes will be brought to Council in the near future absent any consultant work. Mayor Honea suggested that the changes don't have to be brought to a Council meeting. They can be emailed to Council for review. r ,_ EXECUTIVE SESSIONS ' Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. - FUTURE AGENDA ITEMS ADJOURNMENT. Motion to adjourn at 7:11 p.m. by Council Member Bowen, second by Council Member McGorray. Passed unanimously 6 -0. I hereby certify that the foregoing are the true and correct minutes of the study session /presentation of the Marana Town Council meeting held on September 15, 2015. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk September 15, 2015 Study Session Minutes 6 Amended Marana Regular Council Meeting 10 -06 -2015 Page 27 of 144 � 7 � ARANA � 4 ir�zo�` REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, September 15, 2015 at or after 7:00 PM i Al Ed Honea, ayor Jon Post, Vice Mayor David Bowen, Council Membf Patti Comerford, Council Meml Herb Kai, Council Member Carol McGorray, Council Member Roxanne Ziegler, Council Member REGULAR COUNCIL MEETING 11 "'�I��IIIII CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:11 p.m. Town Clerk Bronson called roll. C ouncil M ember Ziegler was excused. There was a quorum present All Ir PLEDGE '' OF ALLEGIACE /INVOCATION /MOMENT OF SILENCE. Led by Mayor Honea. ' 1 ;1, u I �& APPROVAL OF AGENDA. Mayor Honea asked that the agenda be amended to move item C6 from the Consent agenda to the first item on the Council Action agenda. Motion to approve as amended by Council Member McGorray, second by Council Member Bowen. Passed unanimously 6 -0. 'Illv CALL TO THE PUBLIC September 15, 2015 Meeting Minutes 1 Amended Marana Regular Council Meeting 10 -06 -2015 Page 28 of 144 PROCLAMATIONS P1 Proclaiming September 17 -- September 23, 2015 as Constitution Week (Jocelyn C. Bronson). Mayor Honea noted that the proclamation would be made a part of the permanent record. MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. No reports. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson reported that the town was the recipient of the Savvy award, presented by the City- County Communications and Marketing Association to the Town of Marana for the Our Town/Your Town logo for print advertisement. He noted that this is a national award. He also noted that the Human Resources department is now fully staffed with the addition of Curry Hale as the department director. Mr. Hale was in the audience and stood to be acknowledged. PRESENTATIONS. No presentations. CONSENT AGENDA. Motion to approve without item C6 by Council Member Kai, second by Vice Mayor Post. Passed unanimously 6 -0. C 1 Resolution No. 2015 -097: Relating to Special Events; approving and authorizing the Mayor to execute an agreement between the Town of Marana and Marana Chamber of Commerce, Inc. regarding the presentation of the 2015 Marana Chamber Big Green Event (Jane Fairall) C2 Resolution No. 2015 -098: Relating to Development; accepting Marana Center Boulevard and the Marana Center potable water system for maintenance and releasing the assurances associated with their construction (Keith Brann) C3 Resolution No. 2015 -099: Relating to Police Department; approving and authorizing the Chief of Police to execute a Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2016 (Lisa Shafer) C4 Resolution No. 2015 -100: Relating to Police Department; approving and authorizing the Chief of Police to execute a State and Local HIDTA Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for FY 2016 (Lisa Shafer) September 15, 2015 Meeting Minutes 2 Amended Marana Regular Council Meeting 10 -06 -2015 Page 29 of 144 CS Resolution No. 2015 -101: Relating to Police Department; approving and authorizing the Chief of Police and the Town Manager to execute GOHS Contract Numbers 2016 -405d -007, 2016 -PT -017 and 2016 -PT -064 between the State of Arizona by and through the Governor's Office of Highway Safety (GOHS) and the Town of Marana for grant funding for DUI and Speed enforcement and Capital Outlay (Lisa Shafer) C6 Resolution No. 2015 -102: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for construction of improvements for Tangerine Road Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive. Mr. Cassidy noted that there was a slight revision to the agenda item after it went in the packet. The page with the revision is page 5 and was distributed on the dais. In paragraph 5.2, the words "and contained in Exhibit A" are being deleted. Exhibit A to this agreement is an explanation of what funding is provided. In this paragraph it said that Exhibit A is also going to tell us the project schedules, and Exhibit A doesn't have project schedules. This is the actual agreement for the funding of the Phase I Tangerine construction from Dove Mountain Boulevard eastward to where Tangerine currently is four lanes which is basically La Canada, so it will fund that part. The only piece left is a little piece of funding for wildlife linkages that will come back to you because that has to go to the RTA board, but we need to get this going now because we need construction utility clearance to start in the next month or so. Motion to approve a amended with the deleted verbiage by Vice Mayor Post, second by Council Member Kai. Passed unanimously 6 -0. C7 Approval of September 1, 2015 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Rick McAtee on behalf of Marana Foundation for Educational Excellence for Marana Oktoberfest at Breakers to be held on September 25, 26, and 27, 2015. Ms. Bronson noted that the application was submitted and approved and no objections were received. Staff is recommending approval. Motion to approve by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 6 -0. L2 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Raymond Patrick Nilz on behalf of Marana Heritage Conservancy for the Marana Cotton Festival to be held on October 10, 2015. Ms. Bronson noted that the application was submitted and approved and no objections were received. Staff is recommending approval. Motion to approve by Vice Mayor Post, second by Council Member Bowen. Passed unanimously 6 -0. September 15, 2015 Meeting Minutes 3 Amended Marana Regular Council Meeting 10 -06 -2015 Page 30 of 144 BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION Al Resolution No. 2015 -103: Relating to Utilities; Approving and authorizing the Mayor to sign a five year intergovernmental agreement with the Metropolitan Domestic Water Improvement District for the purchase of long term water storage credits. Presented by Asia Philbin, Water Resources Coordinator, who noted that this is a new agreement, term for term of a five -year agreement. From 2011 to 2015, Marana Water has been working with Metro Water to store CAP water for long -term storage credits. The town will acquire at the end of this year a little over 7700 acre feet, and we are looking to accrue up to about the same amount of credits over the next five years with Metro Water under similar terms. Council Member Kai asked for the total number of acre feet that going to be purchased per year or do you have any costs? Ms. Philbin responded that the town does have the option to store on a year to year basis, so it would be anywhere from zero to a total of up to 1553.725 acre feet that we might store in a given year. That is something that we will budget for annually and then determine and provide those orders to Metro Water. Motion to approve by Council Member Kai, second by Vice Mayor Post. Passed unanimously 6 -0. ITEMS FOR DISCUSSION /POSSIBLE ACTION Relating to Legislation and Government Actions; discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of the other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. FUTURE AGENDA ITEMS ADJOURNMENT. Motion to adjourn at 7:22 p.m. by Council Member Bowen, second by Council Member McGorray. Passed unanimously 6 -0. September 15, 2015 Meeting Minutes 4 Amended Marana Regular Council Meeting 10 -06 -2015 Page 31 of 144 CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on September 15, 2015. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk September 15, 2015 Meeting Minutes 5 Amended Marana Regular Council Meeting 10 -06 -2015 Page 32 of 144 MARANA 115 5 5 W. CI� C CENTE DRI NIARANA. ARIZ ONA 8 5 6 5 3 Item L1 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: October 6, 2015 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Claudio Jesus Martinez on behalf of the American Diabetes Association for Hogtoberfest to be held on October 31, 2015 (Jocelyn C. Bronson) Discussion: This application is for a special event liquor license on behalf of the American Diabetes Association for Hogtoberfest to be held on October 31, 2015. The applicant has also obtained a special event permit from the town, pursuant to Chapter 10 -6 of the Marana Town Code. A special event liquor license is a temporary, non - transferable, on -sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue a special event liquor license to the qualifying organization. If the application is disapproved by the Town Amended Marana Regular Council Meeting 10 -06 -2015 Page 33 of 144 Council, the DLLC will normally not consider the application. Staff Recommendation: Staff recommends approval of this special event liquor license application. Suggested Motion: OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event liquor license application submitted by Claudio Jesus Martinez on behalf of the American Diabetes Association for Hogtoberfest. OPTION 2: I move to disapprove the special event liquor license application submitted by Claudio Jesus Martinez on behalf of the American Diabetes Association for Hogtoberfest. Attachments: Special Event Application Description for Special Event Liquor License Amended Marana Regular Council Meeting 10 -06 -2015 Page 34 of 144 USE ONLY I/end: IMPORTANT INFORMATION; This document must be fully completed or it will be r The Department of Liquor Licenses and control must receive this application ten (1 0) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not cornered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control (see Section 15). o b on SECTION I Name of organization. � �1 SECTION 2 Non- Profit/IRS Tax Exempt Number. SECTION 3 The organization is a: (check one box only) charitable D Fraternal (mu have regular membership and have been in existence for o ver five (5) years ❑ Religious []Civic (Rotary, college Scholarship) ❑ Political Party, Ballot Measure or campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises? ❑Yes &No Name of Business License Number Phone (include Area Code SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read RM19M 3 18 for explanation (look in special event planning guide) and check one of the following boxes. ❑ Place license in nonuse ❑Dispense and serve all spirituous liquors under retailer's license Dispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location (if not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event. if the special event is only using a porno of premise, agent /owner will need to suspend that portion of the premise.) SECTION b What is the purpose of this event? on -site consumption Goff -site (auction) El Both SECTION 7 Location of the Event. t p-..rv� i ckson fv c S(> n i Address of Location. `0 • Street city COUNTY State Tip SECTION 8 Will this be stacked with a wine festival /craft distiller festival? E]Yes 1:1 No SECTION 9 Applicant must be a member of the qualifying organization and authorized by an officer, Director or chairperson of the organization named in Section 1. (Authorizing signature is required in Section 13.) �14t Sj 5. 1. Applicant. Last First Middle Date of Birth 2. Applicant's mailing address: � D � vi �"" �'�' �� too � A lie S .-Al., is b �)' Street City State Zip 3. Applicant's home /cell phon A Applicant's business phone: (_) 4. Applicant's email address: RECEIVED SEP 0 8 2015 7/13/2015 Page 1 of 4 Amended Marana Regular PMu ulPnOW9A ions calf (602 )542 -9027. Pa ge 35 of 144 T - own of Marana Clerk's office SECTION 1 0 1. Has the applica been convicted of a felony, or had a liquor license revoked within the last five (5) years? YeS 671 o (if yes, attach explanation.) 2. How many special event licenses have been issued to this location this year? (The number cannot exceed 12 events per year; exceptions under A. R.S. §4 203.42(D).) 3. Is the organization using the services of a promoter or other person to manage the event? E]Yes E]No (if yes, attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name A (Vitt k on bta kxl Azt:�c Percentag Ob 4b 0 T�> 11(o Address :>100 E-W Z C � V lax Street City State Zip Name Percentage: Address Street city State Tip 5. Please read A.R.S. § 4- 203.02 S pecial event license; _rules and R 19- 1--205 Rg ui reme nts for a S e cial Event License. Note: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE ZCRAFT DISTILLERY FESTIVAL LICENSE" b. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers, if applicable.) Number of Police Number of Security Personnel Fencing El Barriers Explanation. � SECTION 11 Dates) and Hours of Event. May not exceed 10 consecutive days. See A.R.S. § 4 - 244( 15) and ( 17) for legal hours of service. Date DAY I: 10�3k t 5 DAY 2: DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: Day of Week S (k+U Ir A � y Event Start Time AM /PM License End Time AM /PM a P �A 7/13/2015 Page 2 of 4 Amended Marana Regular rq lkB call (602 )542 -9027. Page 36 of 144 SECTION 13 To be completed only by an Officer, Director or Chairperson of the organization named in Section 1. G`'y declare that I am an OFFICER, DIRECTOR, or CHAIRPERSON I, o (Print Full Name) appointing the applicant listed in Section 9, to apply on behalf of the foregoing organization for a Special Event Liquor License. 2 X X21 � �� t �� lj?� 6? q1 Y (Signature) Title/ Position Date Phone # The foregoing instrument was acknowledged before me this �Y g g g r - Day Month Year State J0 . County of My Commission Expires on: W 1,VCk9 I A PX -1 - 1 1 i , l� CARO "UBW Signature - of Dat Notary Public 1(m. Notary Public - Arizona 4 y __ Pima Count • y omm. E xpi res Aug i 5, 201 ' # n ame? Section 9. low SECTION � 4 This section is o be co __,w_ _ declare that I am the APPLICANT filing this application as (Print Full Name) listed in Section 9. I have read the application and the contents and all statements are true, correct and complete 54 1-9 x r 0 � - 4a*a (Signature) Title/ Position Date Phone # The foregoing instrument was acknowledged before me this I A ST A � Q J 5 I' — ) 1 Day an #h Year State A La Q -- -- - County of Z, Nol' AYAt.A NOTARY PUBLIC :, ,r~ SANTA CRUZ COU My commission Expires on: l ��� a NTH ARID Date Signature of Not "�2D' Please contact the local governing board for additional application requirements and submission deadlines. Additional licensing fees may also be required before approval may be granted. For more information, please confacf your local jurisdiction: hftp:ZZwww.azliguor.gov/assefsZdocumen docs s ec event links. df. SECTION 15 Local Governing Body Approval Section (Government Official) on behalf of (City, Town, County) (Title) recommend ❑APPROVAL C7 DISAPPROVAL Signature Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY: DATE: A.R.S. § 41-1 030. Invalidity of rules not made according fo this chapter; prohibited agency action; prohibited acts b state em to ees• enforcement• notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or Condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12- 820.01 OR 12-820.02. 7/12/20 'Amended Marana Regular Cou cil Me tin 10 -06 -201 Page 4 of 4 Page 37 of 144 �ndmc?ual requiring RDA accommodations call (602)542-9027. SECTION 12 License p remises diagram. The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to ram of special event licensed premises. Please show dimensions, serving areas, fencing, barrica prepare a drag your s p des, or other control measures and security position. .�. f6> 4 100 Wo zel, 71 0 ended Maran#41a i ncil Meeting 10 -06 -2015 �4 Ln r� m n Q W V) LU - -------------- I GI � %, 0 9A ' 03 f6> 4 100 Wo zel, 71 0 ended Maran#41a i ncil Meeting 10 -06 -2015 �4 Ln r� m n Q W V) LU - -------------- I GI � %, sereies: 75 SPECIAL EVENT LICENSE (Temporary) Non- transferable On -sale retail privileges D1112P1114tFN Allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold, and only for the period authorized on the license. This is a temporary license. ADDITIONAL RIGHTS AND RESPONSIBILITIES: The applicant for a special event license must request a special event application from the Department and file the application with the governing body of the city or town, or Board of Supervisors of an unincorporated area of a county (where the special event is to take place) for approval or disapproval. Some local governing bodies may require approximately 50 days prior notice. If the application is approved by the local authority, and the event meets the requirements for granting the license, the Director will issue a special event license to the qualifying organization. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty -five percent (25 %) of the gross revenues of the special event liquor sales. A person selling spirituous liquor under a special event license must purchase the spirituous liquor from the holder of a license authorized to sell off -sale; except that, in the case of a non- profit organization which has obtained a special event license for the purpose of charitable fund raising activities, a person may receive the spirituous liquor from a wholesaler as a donation. AVERAGE APPROVAL TIME: one (1) to seven (7) days. PERIOD OF ISSUANCE: Issued for no more than a cumulative total of ten (1 U) days in a calendar year. A special event may be held for more than one (1) day, but it must be held on consecutive days and at the same location or additional licenses will be required. FEES: $25.00 per day. ARIZONA STATUTES AND REGULATIONS: ARS 4- 283w02 4 -244 4 -261; Rule R19 -1-228, R19 -1 -235 R19-1-309m Disabled Individuals requiring special accommodations please call (002) 542 -9027 Amended Marana Regular Council Meeting 10 -06 -2015 Page 39 of 144 MARANA 115 5 5 W. CI C CENTER DRIVE, NIARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: October 6, 2015 Item L2 Subject: Relating to Liquor Licenses; recommendation to the Arizona state liquor board regarding an application to add sampling privileges to the existing liquor license at Wal -Mart Supercenter #5031 located at 8280 N. Cortaro Road, Marana, Arizona 85743 (Jocelyn C. Bronson) Discussion: This application has been submitted to add sampling privileges to the existing liquor license at Wal -Mart Supercenter #5031 located at 8280 N. Cortaro Road, Marana, Arizona 85743. Sampling privileges may be added to an existing liquor store or beer and wine store license. State law imposes limitations on the amount of alcohol that may be sampled under a sampling privileges license, as well as providing other regulations regarding sampling. Pursuant to state law, the application for sampling privileges was posted at the premises of the business. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. Any written arguments received by the Clerk's Office for or against the proposed sampling privileges license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC). The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. By state statute, "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. Amended Marana Regular Council Meeting 10 -06 -2015 Page 40 of 144 If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this sampling privileges liquor license application. Suggested Motion: OPTION 1: I move to adopt and submit to the DLLC an order recommending approval of the application to add sampling privileges to the existing liquor license at Wal -Mart Supercenter #5031 located at 8280 N. Cortaro Road, Marana, Arizona 85743. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of the application to add sampling privileges to the existing liquor license at Wal -Mart Supercenter #5031 located at 8280 N. Cortaro Road, Marana, Arizona 85743. Attachments: Application Affidavit of Posting Local Governing Body Recommendation Descriptions of Common Types of Liquor Licenses Amended Marana Regular Council Meeting 10 -06 -2015 Page 41 of 144 State of •rizona Department.of Li and CoritrOECEIVED Q Floor - Washin'ton 5 SEP 0.4 2015 Phoenix, Arizona 85007 0 Town of Marana 6 2 ice Clerk's Off State/Local Go "utin Sheet ampfi- g ., Privi'le Active Add S Jn Li Store (series 9 or"l3e-e'r`and- Wine " Store ( series 10 License Li Store (series 9) 11 Beer and Wine Store ( series 10) The attached form for samplin must be processed within 105 da from this date: Date Application Received at DLLC-. Date of 60-da from receipt: 105-da from receipt: If the local g overnin g bod has q uestions re the attached samplin form, please call: C-A DLLC Contact Name: L W DLLC Contact Phone Number:6f\r% DLLC Contact email: j a azHquor.gov Upon local g overnin g bod approval, a new license with a samplin privile ( "S") desi will be issued to this licensee: Current License #: MtDD��� O� V -.) S License #: Ok- OL DLLC Contact: �� ������� Date of issuance: 1 ail U D 3- Date of issuance: J_� DLLC Phone #: t -� -da` �''�"�`�`CC� Date Receive: � J Date Approved: j Recommendation: ❑ Approve El Protest ® No Recommendation I Government Official For DLLC Use Onl r hereb recommend that non-transferrable samplin privile be added to this licensee on behalf of Phone Number Februar 2013 Email Address I Cit Town or Count Amended Marana Re Council Meetin 10-06-2015 Pa 42 of 144 State of Arizona Department. of Liquor Licenses and Control 800: W.� Washington.5 Floor Phonix; Arizona 85007 r (602) : 542 -514x1 ® Liquor Store ( ser i es g) 0 Beer and Wine Store series 1 o Sampling Privileges Fo Applicant's Name Clare Hollie Abed check one owner ❑ A Agent E 41 p p ( } g �..�. Cn Dept. 8916; 702 SW 8th Street Bentonville AR Benson 727 W 0500 = ; Mailing Address: , Street Address or P.O. Box City State County Zip Code r� Business Phone Number. 520 744-3652 Ema chabel bcattorne s.com � } . Wal -Mart Supercenter #5031 . 091 ooft Business Name: Current License #. 4 r•�H• Physical Location of Business:` wM• 8280 North Cortaro Road Marana AZ PIMA 85743 Street Address City State County Zip Code Clare Hollie Abel understand that upon app s privileges for the a p pp t p gp g liquor license identified above will require compliance with the following: Initial Here CHA the p remises shall contain at least five thousand square feet to be eligible for sampling privileges for Beer and Wine Store (series 10) applicants only (A.R.S. §4-206.01 (J)). CHA Any open o product Shall be kept locked b the licensee when the sampling area is not staffed. p p Y CHA The licensee is otherwise subject to all other provisions of this title. The licensee is liable for any violation of this title committed in connection with the sampling. CHA 4. The licensed retailer shall make sales of sampled products from the licensed retail premises. CHA The licensee shall not an charge customer for the sampling of any products. Y CHA 8. The sampling shall be conducted under the supervision of an employee of a sponsoring distiller, vintner, p g brewer, wholesaler or retail licensee. CHA 7 Accurate records of 9am lin products dispensed shall be retained by the licensee. p CHA 8 Sampling shall be limited to three ounces of beer or cooler -type products, one and one -half ounce of wine and p g one ounce of distilled spirits per person, per brand, per day. CHA 9 The sampling shall be conducted only on the licensed premises. p g Y CHA 10 U pon approval of this form, a license for a liquor store with sampling privileges (series 9S) or a beer and wine store with sampling privileges (series 10S) will be issued and mailed to the licensee's address of record. The license must be displayed in a conspicuous public area of the licensed premises that is readily accessible for inspection by any peace officer, distributor, wholesaler or member of the public. (A.R.S. §4- 201.01) 10/23/13 Amended Marana Regular Council Meeting 10 -06 -2015 Page 43 of 144 C H A 'i 1 . Liquor store license sampling privileges are not transferable. CHA 12. I have read, understand, and assume responsibility for compliance with A.R.S. §4-206.01, A.R.S. §4-206.01(J) Bar beer and wine bar or liquor store licenses; number permitted; fee; samp lin g privileges 1. Any open product shall be kept locked by the licensee when the sampling area is not staffed. 2. The licensee is otherwise subject to all other provisions of this title. The licensee is liable for any violation of this title committed in connection with the sampling. 3. The licensed retailer shall make sales of sampled products from the licensed retail premises. 4. The licensee shall not charge any customer for the sampling of any products. 5. The sampling shall be conducted under the supervision of an employee of a sponsoring distiller, vintner, brewer, wholesaler or retail licensee. 6. Accurate records of sampling products dispensed shall be retained by the licensee. 7. Sampling shall be limited to three ounces of beer or cooler -type products, one and one --half ounces of wine and one ounce of distilled spirits per person, per brand, per day. 8. The sampling shall be conducted only on the licensed premises. Clare Hollie Abel I, ,attest that l am the OWNER/AGENT filing this form, that I have read, and assume responsibility for compliance with, A. R.S. §4- 206.01 at the licensed establishment named on page 1, and verify all statements I have made on this document to be true, correct and complete. I understand that I am responsible for the $100 issuance fee and the annual $60 renewal fee for these sampling privileges. Sampling privilege renewal fees are due at the same time as the renewal for the "current license #" identified on page 1 of this application. rJ1 Signature, Title Date Notarized Signature r # The forgoing instrument was acknowledged before m e this of �-, day month year Notary Public: P M t� r� �: UMC T AL S EAL BETH BRIGGS My commission expires: -'' da ' ' " mon *ARICOPA COUNlYtear FH 41. Ily Comm. Expires August 3, 2018 For DLLC Use only S License #: oqtoov Issuance fee applicable.? )2"Y es El No Initials: Dade of issuance: A_D"� $100 issuance fee collected A 7 Amended Marana Regular Council Meeting 10 -06 -2015 Page 44 of 144 Date of Posting: Applicant Name: Last First 8280 N. Cortaro Road Marana Business Address: Street 09100223 License #: City Hollie Middle 85743 Zip hereby certify that pursuant to A.R.S. § 4 -201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. 4-u Print Name of City /County official Title Telephone # w M. r �., h4 Signature Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542 -5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542 -9027 L U 119 4/2009 Amended Marana Regular Council Meeting 10 -06 -2015 Page 45 of 144 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix AZ 85007 -2934 �I www.azliquor.gov` 1� (602) 542 -5141 Nt kaview— Local Governing Body Recommendation A.R.S. § 4- 201(C) F .a • Ma rana �' � ti � - ��_ 1. City or Town of: _ Liquor License Application #: 0 910 0 2 2 3 (circle one) (Arizona application #) r mss. �� ��� �; � 2. County of: Pima , Arizona. City /Town /County #: Marana .� � v P. n v - % v, �, - P " , �; �_x x 3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4- 207(D) (2), (name of entertainment district) (date of resolution to create the entertainment district) V V of entertainment district must be attached. 4. The M T Cou n c il at a (governing body) October 2015 (regular or special) meeting held on the 6th of IM considered the application of Clare Hol l ie Abel (month) (year) (name of applicant) for a license to sells irituous li uor at the remises described in a lication 09100223 p q p pp - (Arizona liquor license application #) for the license series #: type Series #09 Liquor Store provided by A.R.S. §4 -201. (i.e.: series # 10: beer & wine store) ORDER OF APPROVAL /DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF Clare Hollie Abel (name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for (approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5t" Floor, Phoenix, Arizona. Dated at Marana, Arizona on 6th October 2015 (location) (day) (month) (year) Jocelyn C. Bronson (printed name of city, town or county clerk) (signature of city, town or county clerk) September 30, 2014 Regular page 1 of 1 Disabled individuals requiring special accommodations please call (602)542 -9051 Amended Marana Regular Council Meeting 10 -06 -20 Page 46 of 144 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses gPri Pc, Fi Ra r The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and /or location to location within the same county and allows the holder both on- & off -sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off -sale ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off -sale ( "To Go ") package sales of spirituous liquor can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off -sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off - sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off -sale ( "To Go ") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. {00018233.DOC / 21 Amended Marana Regular Council Meeting 10 -06 -2015 Page 47 of 144 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and /or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non - transferable, off -sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel /Motel This non - transferable, on -sale retail privileges liquor license allows the holder of a hotel /motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40 %) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non - transferable, on -sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. {00018233.DOC / 21 Amended Marana Regular Council Meeting 10 -06 -2015 Page 48 of 144 MARANA 115 5 5 W. CI C CENTER DRIVE, NIARANA. ARIZ ONA 8 5 6 5 3 Item U To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: October 6, 2015 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a new Series #10 Beer and Wine Store liquor license application submitted by Heather Anne Hendon on behalf of Jacksons #813, located at 13960 N. Sandario Road, Marana, Arizona 85653 (Jocelyn C. Bronson) Discussion: This application is for a new Series #10 Beer and Wine Store liquor license at Jacksons #813, located at 13960 N. Sandario Road, Marana, Arizona 85653. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. Any written arguments received by the Clerk's Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC). Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." Amended Marana Regular Council Meeting 10 -06 -2015 Page 49 of 144 If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to adopt and submit to the DLLC an order recommending approval of a new Series #10 Beer and Wine Store liquor license application submitted by Heather Anne Hendon on behalf of Jacksons #813 located at 13960 N. Sandario Road, Marana, Arizona 85653. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of a new Series #10 Beer and Wine Store liquor license application submitted by Heather Anne Hendon on behalf of Jacksons #813 located at 13960 N. Sandario Road, Marana, Arizona 85653. Attachments: Redacted Application Affidavit of Posting Local Governing Body Recommendation Description of Common License Tye Amended Marana Regular Council Meeting 10 -06 -2015 Page 50 of 144 0 Li Oil Arizona Department of Liquor Licenses and Control p q '� - "`�` 800 W Washington Sth Floor 4 Phoenix AZ, 85007 -2934 � Q 12 wwvrr.azliquor.gory Izo 1► f'` (602) 542 -5141 Application for Liquor License Type or Print with Black Ink SECTION 1 This application is for a: t terim Permit (Complete Section 5) ew License (Complete Sections 2, 3, 4, 13, 14, 15,16) ❑Person Transfer (Complete Section 2, 3, 4, 12, 13, 14,16) ❑ Location Transfer ( Bars and Liquor Store Only) (Complete Section 2, 3, 4 11, 13, 14, 16) E]Probate/ Will Assignment/ Divorce Decree (Complete Sections 2, 3, 4, 9, 13, 14, 16) (Fee not required) ❑Government (Complete Sections 2, 3, 4, 10, 13, 16) Q Seasonal RECEIVE[ SEP 142015 Town of Marana Cleric's Office SECTION 2 Type of ownership: ❑J.T.W.R.o.S. (Complete Section 6) ❑Individual (Complete Section 6) ElPartnership (Complete Section 6) OCorporation (Complete Section 7) 14 1-imited Liability Co (Complete Section 7) E]Club (Complete Section 8) ElGovernment (Complete Section 10) ❑Trust (Complete Section 6) C7Tribe (Complete Section 6) ❑other (Explain) SECTION 3 Type of license _ LICENSE # � L_.J � � �✓ � '� �� 1. Type of License: Slty �D �...�C� u O� r 1-L C,eh S e APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE A service fee of $25 will be charged for all dishonored checks (A.R.S. & 44 -68521 Q 1 W1 b 5 I'�, SECTION 4 Applicants 1. Individual owner /Agent's Name: 11 e)\ o (7 Ah Ems' Last First Middle .06 r-,07 %J b 2, Owner Name. e r (ownership AM4 for type of ownership c heck on section 2) 3. Business Name: T vd 9 OAS I bo �(0 t l (Exactly as 0 appears on the exterior of premises) 4. Business Location Address: (Do not use PO Box) Street 1�z 8s� City State Yip C o County pfntq vvat W 5. Mailing Address. ccp Gt a n T> 0 4.7 me t&rj 'Ji (All correspondence will be mailed to this address) Street City State , Zip Code 6. Business phone: ' Daytime Contact Phone: ANINGM800 7. Email Address: low 8. Is the Business located with in the incorporated limits of the above city or town Yes ONO" 9. Does the Business location address have a street address for a City or Town but is actually in the boundaries of another City, Town or Tribal Reservation? ❑Yes'0 If Yes, what City, Town or Tribal Reservation is this Business located in: 10. Total Price paid for Series 6 Bar, Series 7 Beer & Wine Bar or Series 9 Liquor Store { license only) $ Fees: 1 ()0 Application Is Arizona Staters of Accepted by: 0(2 Department Use only Interim Permit Site Inspection Finger Prints Total of All Fees izenship & Alien Status for State Benefits complete? []Yes O 4d �.�c,� - - -- -- Date: �o `� License # I D D _ a") , 6/16/201 Amended Marana Regular Council Meeting 10- 06 -20?9ge I of 9 Page 51 of 144 Disabled individuals ADA accommodations please ca ! 2 ^ � I (602)542-9027 SECTION 5 Interim Permit • If you intend to operate business when your application is pending you will need an interim permit pursuant to A RS § 4- 203.01 • There MUST be a valid license of the same type you are applying for currently issued to the location or for the replacement of a Hotel /Motel license with a Restaurant license pursuant to A.R.S. § 4- 203.01. 1. Enter license number currently at the location: 10103240 2. Is the license currently in use? [Z] Yes[:] No If no, how long has it been out of use? Attach a copy of the license currently issued at this location to this application. r THEODORE JOSEPH DUNLAPdeclare that I am the CURRENT OWNER, AGENT, OR CONTROLLING (Print Full Name) PERSON on the stated license and location. X (Signature) My Commission Expires on: Date State County of The foregoing instrument was acknowledged before me this day of Day Month Year 'T t\1 w1 (Si tLTe f o dry 03b tc SECTION 6 Individual, Partnership, I.T.W.R.0 , Trust, Tribe Ownerships EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "APPLICANT" TYPE FINGERPRINT CARD AND $22 PROCESSING FEE FUR EACH CARD. is any person of her than above, going to share in profifllosses of the business? El Yes El No If Yes, give name, Current address, and telephone number of persons). Use additional sheets if necessary. General- Limited Last First Middle o 0 0 1:1 0 1:1 J.T.W.R.O.S (Joint Tenant with Rights of Survivorship) %pUwned mailing address C' State zi Code Amended Marana Regular Council Meeting 10 -06 -2015 Page 52 of 144 712712015 page 2 of 9 Individuals requiring ADA accommodations please call (602 )542 -9027 Partnershi Name of Partnership: Name of J.T.W.R.O.S: SECTION Interim Permit + If you intend to operate business when your application is pending you will need an interim permit pursuant to A R5 § 4-203.01 * There MUST be a valid license of the same type you are applying for currently issued to the loca #ion or for the replacement of a Hotel /Motel license with a Restaurant license pursuant to AKS. § 4- 203.01. 1. Enter license number currently at the location; 2, Is the license currently in use? ® Yes ❑ No If no, how long had it been out of use? (N over slx (4) months, aftach a letter (equestng lrdeft PermN) Attach a copy of the license currently issued at this location to this opplication. 1$ L 1� 2 A) IA Z -- -) declare that I am the CURRENT OWNER, AGENT, OR CONTROLLING (pri tultnarne3 PERSON on the stated license and location. STEPHANIE COCK F Notary Public - Ars'zona r. Coehise County My Comm. Expires Dec 29, 2015 My Commission Expires on: rI.; state County of.�� The foregoing instrument was acknowledge before me this 1 --0ayo f Day Month Year 7 � I I ' c (signs a v€ Notary Public) S ON 6 individual, Partnership.. J,T,W- R.o.S, Trust, Tribe Ownerships EACH PEft N LISTED MUST SUOMIT A COMPLETED QUESTIONNAIRE, AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. t t Is any person other than aboi ,going to share in profit /losses of the business? ❑ Yes ❑ No If Yes, give name, current addressed telephone number of person(s). Use additional sheets if necessary. Partnership Name of Partnership: Generalwtirnited last First Diddle wnec Mailin Address ❑ ❑ El 1:1 J.T.W.R.O.S (Joint Tenant with Rights of Survivorship) Name of J,T, WXO,Ss Iasi Fist Nddle MaIrm Ad 6/16/2015 Amended Marana Regular Council Meeting 10- 06 - 2Ae 2 o f 9 Disabled Individuals ADA accommodations please call (602)542 -9027 City state Zlo Cod State Do Code Page 53 of 144 SECTION 7 Corporations/ Limited Liability Co EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE AN "APPLICANT" TYPE FINGERPRINT CARD AND $22 PROCESSING FEE FOR EACH CARD. C7 Corporation Comple Questions 1, 2, 3, 4, 5, G, and 7 �. L.L.C. Complete Questions 1, 2, 3, 4, 5, 6, and 7 1. Name of Cor p oration/ L.L.C: r �-° 2. Date Incorporated /organized: -State where Incorporated/organized. e W__a Ce • File No: 4--Date authorized to do Business in AZ: ia" 1 3. AZ Corporation or AZ L. L.0 Fl 4, Is Corp /L.L.C. Non Profit? 0 Yesl%slo 5. List Directors, officers, Members in Corporation /L.L.C: V (AT1acn Dauntonui bimm, r+ c.�aaus b. List all Stockholders / percentage owners who own 10% or more: Last First Middle %owned Mailing Address 5 State Z!2 Cade 3(0 77 (Attach additional sheet R necessary) 7. If the corporation/ L.L.0 are owned by another entity, attach an Organizational FLOWCHART showing the structure of the ownership. Attach additional sheets as needed in order to disclose the Officers, Directors, Members, Managers, Partners, Stockholders and percentage owners of those entities. 6/ mended Marana Regular Council Meeting 10 -06 -201 age 3 of 9 Page 54 of 144 Disabled individuals ADA accommodations please call (602)542 -9027 3 PacWest Energy, LLC CD John Jackson -- President v Cory Jackson -- Secretary v Jason Manning -Treasure cQ Sv f n 0 0 ; t Jacksons Food S Inc Member 50% John Jackson, President Cory Jackson, Secretary Jason Manning i i John Jackson No one owns John D. Jackson 10% or more Trust 53.46% 25.54% 1 Bonnie McEuen- Jackson Trustee v cn 0 Cn Cn 0 Equi Enterprises, LLC Member 50% Managers: Shawn Carsten and Ellen Phillips ____ _...w.._..._.. -_ ..._.... _...- _..... . ...............� Prb6u s f TM R Co. LLC -- 56% 44% l i Publicly Traded Publicly Traded No One owns 1 -% or No one owns 1 -% or more more SECTION 8 Club Applic EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FR•F_OR EACH CARD. 1. Name of Club: 2. Is Club non - profit? ❑ Yes 3. List all controlling members (minimum Last Flrs# (4) require MaiTnq Address (Attach additional sheet N necessary) city State - — Zip C SECTIO - �m-hate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store License 1. Current Licensee's Names: (Exactly appear on the license) 2. Assignee's Name: 3. License Type: First License Numbed.. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMERWR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE, SECTION I rvrov_erQQ ent (for cities, towns, or counties only) e 1, Government Entity: 2. Person/Designee: first last Day time Contact phone # A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISE FROM WHICH SP1RtTUA* LIQUOR IS SERVED. SECTIO Location to Location Transfer: Series 6 Bar, Series 7 Beer & Wine Series 9 Liquor Stores only) 1. Current Business: 2. New Business: 3. License Type: Lost Lost Name: Adb fless: (Exactly as It appears on license) Name: Address: First Middle License Number: Middle Amended Marana Regular Council Meeting 10- 06 -2015 4 of Page 56 of 144 6/16/2015 pa Disabled individuals ADA accommodations phase call (602)542-9027 ,, SECTION 12 Person to Person Transfer Ques ons to be completed by Current Licensee (Bar and Liquor Stores Only. Series, 06, 07, and 09) l . Individual vner 1 Agent Name: Entity: � l.as# First Middle 2. Ownership Name: � (Exactly as it appears on license 3. business Name: ( Exactly as it appears on license) A Business Location Address: eet City State zip 5. License Type: A , Current Mailing Address: - Street City State Zip 7. Have all creditors, Lien holders, interest holder, etc. been tified? ❑ Yes ❑ No S. Does the applicant intend to operate the business while this ap 'cation is pending? ❑ Yes ❑ No If yes, complete Section 5 (interim Permit) of this application, attach fe and current license to this application. 9, f, (print full nam hereby authorize the de rtment to process this Application to transfer the privilege of the license to the applicant provided that all terms and con i i ions of sale are met. Based on the fulfillment of these conditions, 1 Certify that the applicant now owns or will own the pr erty rights of the license by the date of issue. L, (print full name) , declare that I am the CURRENT OWNER, MEMB PARTNER STOCKHOLDER or LICENSEE of the stated license. I have read the above Section 11 and Confirm that all sta ents are true, correct, and complete. NOTARY State of County of State County The foregoing instrument was acknowledged before me this day of Day Month My Commission expires on Day/ Month/Year Year Signature of NOTARY PUBLIC nse Number: (Individual, Agent, Etc) 6 /16 /2Amended Marana Regular Council Meeting 10- 06- 2010 5 of 9 Page 57 of 144 Disabled individuals ADA accommodations please call (602)542 -9027 SECTION 13 Proximity to Church or School Ques tions to be completed by all in- ap EXCLUDING those a ! in for a Series 5 Government Series 11 Hotel Mote! and Series 12 Restaurant licenses A.R.S. § 4 -207 (A) and (B) state that no retailer's license shall be issued for any premises which are at the time the license application is received by the director, within three hundred (300) horizontal feet of a church, within three hundred (300) horizontal feet of a public or private school building with kindergarten programs or grades one (1) through (12) or within three hundred (300) horizontal feet of a fenced recreational area adjacent to such school building. The above paragraph DOES NOT apply to: a) Restaurant license (§ 4- 205.02) b) Hotel /motel license (§ 4- 205.01) 1. Distance to nearest School: ---- .�.t�_�s.��.� (H less than one (l) mile note footage) 2. Distance to nearest C hunch: (9 of less than one (]) mile note footage) c) Government license (§ 4- 205.03) d) Fenced playing area of a goIfcourse (§ 4 -207 (B) (5) ) Address: tfo& �� G r��r �' � Name of School: 0! tf D I'►e' '�e . �, C X---CQ C Address: I � t= D ►') • �Gr ?L 11�? Name of Church: r_1aOA Chtj rcA SECT IC]N 14 Business Financials 1. 1 am the: Lessee ❑ Sub - lessee ❑ Owner ❑ Purchaser ❑ Management Company 2. If the premise is leased give lessors. Name. Jq C t s <2 A -- S - Fo re g, Address. �' � dia A Street city State Zip 3. Monthly Rent/ Lease Rate: $ 0 T 94.7 4. What is the remaining length of the lease? 1 yrs months 5. What is the penalty if the lease is not fulfilled? $ or other: ' QxSW� A d df 01_#T&_ c. (Give details - attach additional sheet K necess ) (Attach aClgnionol sneer it necessary) 7. What type of business will this license be used for (be specific)? �t 8. Has a license or a transfer license for the premises on this application been denied by the state with in the past (1) year? ❑ Yes`' pNo If yes, attach explanation. 9. Does any p q spirituous liquor manufacture, wholesaler, or employee have an interest in your business? ElYes No 10. is the premises currently license with a liquor license ?Yes ❑ No il- If yes, give license number and licensee's name: License #: Individual owner /Agent Name. )1K _e� D {Exactly as it appears on ficense) fil a i-- et r rtrtuczy cx Amended Marana Regular Council Meeting 10- 06 -2015a e 6 of 9 Page 58 of 144 6/16/20 Disabled individuals ADA accommodations please call (602)542 -9027 6. Total money borrowed for the Business not including leased Please List Lenders /People you owe money to for business. SECTION 15 Restaurant or hotel/motel license applicants 1. Is there an existing Restaurant or Hotel/Motel Liquor License at the proposed location? ❑Yes o 2. If the answer to Question 1 is YES, you may qualify for an Interim Permit to operate whit our application is pending; consult A.R.S. § 4-- 203.01; and complete SECTION 5 of this application. 3. All Restaurant and Hotel /Motel applicants must complete a Restaurant op ation Plan form provided by the Department of Liquor Licenses and Control. 4. As stated in A.R.S. § 4- 205.02. (H) (2 ), a Restaurant is an establish nt which derives at least forty (40) percent of its gross revenue from the sale of food. Cross revenue is the reve e derived from sales of food and spirituous liquor on the licensed premises. By applying for this E7 Restaurant otel /Motel, I certify that I understand that I must maintain a minimum of forty (40) percent food safes b ed on these definitions and have included the Restaurant Hotel Motel Records Required for Audit form with t ' application. (Applicant's signature) 5. 1 understand it is my responsi ' lty to contact the Department of Liquor Licenses and Control to schedule an p ins ection when all tables d chairs are on site, kitchen equipment, and, if applicable, patio barriers are in place on . the licensed premises the exception of the patio barriers, these items are not required to be properly installed for this inspection. F ' ure to schedule an inspection will delay issuance of the license. if you are not ready for your p ins ection 90 d after filing your application, please request an extension in writing; specify why the extension is necessary; aDC the new inspection date you are requesting. (Applicant's Initials) SECTION 16 Diagram of Premises 1 . Check ALL boxes that apply to your business: Entrances /Exits Liquor storage areas Patio: ❑ Contiguous ❑ Service windows ❑ Drive -in windows ❑ Non Contiguous 2. Is your licensed premises currently closed due to construction, renovation or redesign? ❑ Yes * gNo If yes, what is your estimated completion date? Month/Day/Year 3. Restaurants_ and Hotel /Motel applicants are required to draw a detailed floor plan of the kitchen and dining areas including the locations of all kitchen equipment and dining furniture. Place for diagram is on section 16 number 6. 4. The diagram (a detailed floor plan) you provide is required to disclose only the area(s) where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored on the premises unless it is a restaurant (see # 3 above ). 5. Provide the square footage or outside dimensions of the licensed premises. Please do not include non - licensed premises such as parking lots, living quarters, etc. As stated in A.R.S. § 4- 207.01 (B), I understand it is my responsibility to notify the Department of Liquor Licenses and Control when there are changes to the boundaries, entrances, exits, added or deleted doors, windows, service windows or increase or decrease to the square footage after submitting this initial di a ram. (Applicant's initials) Amended Marana Regular Council Meeting 10 -06 -2015 Page 59 of 144 6/16/2015 page 7 of 9 Disabled individuals ADA accommodations please call (602)542 -9027 SECTION 16 Diagram of Premises -- continued 6. On the diagram please show only the areas where spirituous liquor Is to be sold, served, consumed, dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, hi -top tables, dining tables, dining chairs, dance floor, stage, game room, and the kitchen. Do NOT include parking lots, luring quarters, etc. When completing diagram, North is up T. If a legible copy of a rendering or drawing of your diagram of the premises is attached to this application, please write the words "DIAGRAM ATTACHED" in the box provided for the diagram on the application. DIAGRAM OF PREMISES SEA f4 RQN 6/16/2015 mended Marana Regular Council Meeting 10- 06- 201�age S of 9 Page 60 of 144 Disabled individuals ADA accommodations please call (602)542 -9027 F4 +F 91 r 0 1-% > �t w h en r �� FT C i ........... Q L -d- 4,- J , I G� — — — — — — — — — — — — — — — — -- .1110 Wd CA STORE No: xx CHEVRON MARANA FUEL STATION (b JACKSONS FOOO STORES, INC. ( A na F.Ie( ar CoLn i I f* 4 � e'sv � ID 83642 INTERIOR REMODEL pilt 61 A,14,4 ww*4K*-wn.wn -IaP=M 1390 N. SANDARIO ROAD MARANA, ARVONA 850 l - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — r 1 - L �J . . ............. - II f LL�-L r I I I ;; 't f L J FTI l _ I I I F 'i- rg Ff E X 113 I F T -1 L I .1110 Wd CA STORE No: xx CHEVRON MARANA FUEL STATION (b JACKSONS FOOO STORES, INC. ( A na F.Ie( ar CoLn i I f* 4 � e'sv � ID 83642 INTERIOR REMODEL pilt 61 A,14,4 ww*4K*-wn.wn -IaP=M 1390 N. SANDARIO ROAD MARANA, ARVONA 850 SECTION 17 SIGNATURE BLOCK I, ( Print Full Names HEATHER A HENDON hereby declare that I am the Owner /Agent filing this application as stated in Section 4 # 1. I have read this application and verify all statements to be true, correct and complete. X (Signature) State of County of The foregoing instrument was acknowledged before me this of - Day Month Year My commission expires on: Signature of NOTARY PUBLIC A.R.S. § 41 -1 030. Invalidi of rules not made according to this chapter plohibited agency action; p rohibited acts J?y state employees; enforcement• notice B. An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE. THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 1 2-- 820.01 OR 12-820.02. viErMT A�VIENDi Amended Marana Regular Council Meeting 10 -06 -2015 9 Page 62 of 144 7/27/2015 page 9 of Individuals requiring ADA accommodations please call (602)542 --9027 SECTION 17 SIGNATURE BLOCK -� this crel�y declare that I am the O wner/Ag ent filing app as sta ted in Section 4 # 1. (Print Full Name) I have read t is application nd ve* all statements to be true, correct and complete. is rMtme) State of (A - Lo County of The foregoing Instrument was acknowledge before me this warn► �c -mss J l s"r of Au Dot's Day Month Year x II . My commission expires on: Signature of NOTARY PUBLIC A.R.S. § 41 -1030. InWalidi of rules not made acgordina to this aha terr hibiied ggency action■ p rohibited ants by ate eta io ees• enforce e B. An agency shall not base a licensing decision in whole or in part on a rcensing requirement or condition that is not specifically authorized by statute,, rule or state tribol gaming compact. A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition. D. THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE, THE COURT MAY AWARD REASONABLE ATTORNEY FEES, DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION. E. A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION. A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY. F. THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12-820.01 OR 12-820.02, 6/ 16/2015 p 9 of 9 Amended Marana Regular CounE rigdft&O QN%A accommodations please call (602)542 -9027 Page 63 of 144 Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix, AZ 85007 -2934 www.azliquor.gov (602) 542 -5141 AFFIDAVIT OF POSTING Date of Posting: September 15, 2015 Date of Posting Removal: Applicant's Name: Hendon Heather Last Business Address: 13960 N. Sandario Road First Middle Marana 85653 Anne Street City Zip License #: 10103792 hereby certify that pursuant to A.R.S. 4 -201, 1 posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. Print Name of City /County Official Title Phone Number Signature Date Signed Return this affidavit with your recommendations (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542 -5141 and ask for the Licensing Division. 8/21/2015 Amended Marana Regular Council Meeting 10 -06 -2015 page 1 of 1 Individuals requiring ADA accommodations please call (602)542 -9027 Page 64 of 144 Arizona Department of Liquor Licenses and Control q zs p 800 W Washington 5th Floor Phoenix, AZ 85007 -2934 a, www.azliquor.gov , o (602) 542 -5141 Local Governing Body Recommendation A.R.S. § 4- 201(C) 1. City or Town of: Town of Marana (Circle one) 2. County of: Pima pp Liquor License Application #:10103792 q (Arizona application #) City /Town /County #: 3. If licensed establishment will operate within an "entertainment district" as described in A.R.S. §4- 207(D) (2), (Name of entertainment district) A boundary map of entertainment district must be attached. 4. The Marana Town Council at a Regular Council (Date of resolution to create the entertainment district) meeting held on the 6th of (Governing body) (Regular or special) (Day) October - pp 2015 considered the application of Heather Anne Hendon (Month) (Year) (Name of applicant) for a license to sell spirituous liquor at the premises described in application 10103792 (Arizona liquor license application #) for the license series #: type s p rovided b e Series #10 Beer and Wine Store 4 -201. Y A.R.S § (i.e.: series #10: beer & wine store) ORDER OF APPROVAL /DISAPPROVAL IT IS THEREFORE ORDERED that the license APPLICATION OF Heather Anne Hendon (Name of applicant) to sell spirituous liquor of the class and in the manner designated in the application, is hereby recommended for (Approval, disapproval, or no recommendation) TRANSMISSION OF ORDER TO STATE IT IS FURTHER ORDERED that a certified copy of this order be immediately transmitted to the State Department of Liquor, License Division, 800 W Washington, 5th Floor, Phoenix, Arizona. Dated at on I , (Location) (Day) (Month) (Year) (Printed name of city, town or county clerk) (Signature of city, town or county clerk) 8/21/2015 Amended Marana Regular Council Meeting 10 -06 -2015 page 1 of 1 Page 65 of 144 Individuals requiring ADA accommodations please call (602)542 -9027 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses gPri Pc, Fi Ra r The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and /or location to location within the same county and allows the holder both on- & off -sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off -sale ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off -sale ( "To Go ") package sales of spirituous liquor can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off -sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off - sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off -sale ( "To Go ") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. {00018233.DOC / 21 Amended Marana Regular Council Meeting 10 -06 -2015 Page 66 of 144 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and /or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non - transferable, off -sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel /Motel This non - transferable, on -sale retail privileges liquor license allows the holder of a hotel /motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40 %) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non - transferable, on -sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. {00018233.DOC / 21 Amended Marana Regular Council Meeting 10 -06 -2015 Page 67 of 144 MARANA 115 5 5 W. CI C CENTER DRI -VE, NIARANA. ARIZ ONA 8 5 6 5 3 Item U To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: October 6, 2015 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a Person Transfer and a Location Transfer of a Series #9 Liquor Store liquor license submitted by Jason Barclay Morris on behalf of CVS /Pharmacy #9273 located at 3785 W. Ina Road, Tucson, Arizona 85741 (Jocelyn C. Bronson) Discussion: This application is for a Person Transfer and a Location Transfer of a Series #9 Liquor Store liquor license submitted on behalf of CVS /Pharmacy #9273 located at 3785 W. Ina Road, Tucson, Arizona 85741. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. Any written arguments received by the Clerk's Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC). Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." Amended Marana Regular Council Meeting 10 -06 -2015 Page 68 of 144 If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to adopt and submit to the DLLC an order recommending approval of an application for a Person Transfer and a Location Transfer of a Series #9 Liquor Store liquor license submitted by Jason Barclay Morris on behalf of CVS /Pharmacy #9273 located at 3785 W. Ina Road, Tucson, Arizona 85741. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of an application for a Person Transfer and a Location Transfer of a Series #9 Liquor Store liquor license submitted by Jason Barclay Morris on behalf of CVS /Pharmacy #9273 located at 3785 W. Ina Road, Tucson, Arizona 85741. Attachments: Redacted Application Affidavit of Posting Local Governing Body Recommendation Descriptions of Common Liquor Licenses Amended Marana Regular Council Meeting 10 -06 -2015 Page 69 of 144 .TY OF TUCSON �t artment of Liquor Licenses and Contror 800 W Washington 5th Floor S EP �. I AM 10* Phoenix, AZ 85007 www. azl iquo r.gov iFFICE OF TH� (6 542.5141 C I T Y-GL E RK App(ication for Liquor License Type or Print with Black ink SECTION 1 This application is for a: ❑ Interim Permit (Complete Section 5) e ew License (Complete Sections 2, 3, 4, 13, 14, erson Transfer {Complete Section 2, 3, 4, 12, 13 ocation Transfer (Bars and Liquor Stores only) (Complete Section 2, 3, 4, 11, 13, 14, 16) ❑Probate/ Will Assignment/ Divorce Decree (Complete Sections 2, 3, 4, 9, 13, 14, 16) (Fee not required) Government (Complete Sections 2, 3, 4, 10, 13, ❑ Seasonal 15, 16) , 14,16) R RECEIVED 0 ) S E P (Y. 2015 " own of Marari Clerk's office SECTION 2 Type of Ownership: r. 1T.W.R.o.S. (Complete Section 6) ❑ Individual (Complete Section 6) ❑ Partnership (Complete Section 6) orporation (Complete Section 7) t ilmited liability Co (Complete Section 7) ❑Club (Complete Section 8) ❑Government (Complete Section 10) ❑Trust (Complete Section 6) ❑Tribe (Complete Section 6) [] Other ( Explain) SECTION 3 Type of license LICENSE # 091 00296 1. Type of License: Series 9 - Liquor Store APPLICATION FEE AND INTERIM PERMIT FEES IF APPLICABLE ARE NOT REFUNDABLE A service fee of 25 will be charged for all dishonored checks A.R.S. § 44-6852 SECTION 4 Applicants 1. Individual Owner /Ag Name. • Morris Jason Barda 0 1 Last first Middle 2. owner Name Arizona CVS Stores LLC (Ownership name for type of ownership checked on section 2) 3. Business Name: CVS /Pharmacy # 9273 . (Exactly as it appears on the exterior of premises)` -tv e) 4. Business Location Address 3735 W. ina Rd -- M '`'fflan - - -- AZ 85741 Pima (Do not use PO Box) Street City Sta Zip Code County 5. Mailing Address 2525 E. Minna Biitmore Cir. A -212 Phoenix, AZ 85016 (All correspondence will be mailed to this address) Street City State zip Code 6. Business Phone (52q 744- 1054 Daytime Contact Phone: 14MMORW 7. Email Address: 8. Is the Business located within the incorporated limits of the above city or town? Yes ❑No 9. Does the Business location address have a street add ss for a City or Town but is actually in the boundaries of another City, Town or Tribal Reservations ❑Yes L'�No If Yes, what City, Town or Tribal Reservation is this Business located in: .. 10, Total Price paid for Series 6 Bar, Series 7 Beer & Wine Bar or Series 9 Liquor Store ( license only) $ N/A Department use Only moos: - -- $ 2Dal: IU Application Interim Permit Site inspection Finger Prints Total of All Fees Is Arizona Statement of C' ' shi & Alien Status for State Bene $ m te? Yes ❑ No Accepted b p Y Date, License # 6/18/2015 page 1 of 9 Disabled individuals ADA accommodations please call (602)542 -9027 Amended Marana Regular Council Meeting 10 -06 -2015 Page 70 of 144 SECTION 5 Interim Permit Ll • If you intend to operate business when your application is pending you will need an interim permit pursuant to A RS § 4-203.01 • There MUST be a valid license of the some type you are applying for currently issued to the location or for the replacement of a Hotel /Motel license with a Restaurant license pursuant to A.R.S. § 4- 203.01. 1. Enter license number currently at the location: 2. Is the license currently in use? ❑ Yes ❑ No If no, how long has it been out of use? Cd over sic (6) months, aftac h a letter requesting Interim Permit} Attach a copy of the license currently issued at this location to this application. L, declare that I am the CURRENT OWNER, AGENT, OR CONTROLLING (Print Full Name) PERSON on the stated license and location. X (Signature) My Commission Expires on: Date State County of The foregoing instrument was acknowledged before me this day of Day Month Year (Signature of Notary Public) SECTION b Individual, Partnership, J.T.W.R.O.S.. Trust. Tribe [ownerships EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "APPLICANT" TYPE FINGERPRINT CARD AND $22 PROCESSING FEE FOR EACH CARD. Individual Is any person other than above, going to share in profit /losses of the business? ❑ Yes ❑ No If Yes, give name, current address, and telephone number of person(s). Use additional sheets if necessary. Partnership Name of Partnership: r.Pn ? rn1..1 il'f'7ff^d I etc# fire# RAirfrdlek W arV%'MA ltr.11i.srw A o4o4pr,e�r t"*Vks 11 a 1:1 ------------- J.T.W.R.O.S (Joint Tenant with Rights of Survivorship) Name of J.T.W.R.O.S: Last first Middle Mailing Address City State Zip Code 6/ 1 8/ 2015 page 2 of 9 Di s VId - div�r�u 1s P� accommodafiions please call (�� X542 -9027 Pa e 71 of 144 Amended Marana Regular Counci ee ing g SECTION 6 - continued TRUST Name of Trust: Last HrO Middle Maiiin Address Cffy State Zip Cade TRIBE Name of Tribal Ownership: Last First Middle % owned Mailing Address Ck State Z!p Code SECTION 7 Corporations/ Limited Liability Co EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE AN "APPLICANT" TYPE FINGERPRINT CARD AND $22 PROCESSING FEE FOR EACH CARD. ❑ Corporation Complete Questions 1, and 7 L. L.C. Complete Questions 1 , 2, 3, 4, 5, 6, and 7 t. Name of Corporation/ L.L.C: Arizona CVS Stores LLC 2. bate Incorporated/Organized: 04/21/2005 State where Incorporated /Or ganized: Ari zona 3. AZ Corporation or AZ L.L.0 File No L1190842 - Date authorized to do Business in AZ: 4. Is Corp /L.L.C. Non Profit? ❑ Yes No 5. List Directors, Officers, Members in Corporation /L. L.C: t..� r rci lut.- I&I rtN� AAntlinn ArlArAcc rih► Sfnfr* Vin Cnrfeh CVS RS Arizona. LLC Member one CVS Dr. , Woosocket RI 02895 See attached officer list tAnacn aaaaionai sneer n necessary) List all Stockholders / percentage owners who own 10% or more: Last First Middle %Owned Mailing Address ctty State T[ Code CVS RS Arizona, LLC 100 one CVS Dr., Woonsocket, RI 02895 (Attach additional sheet IN necessary) 7. If the corporation/ L. L.0 are owned by another entity, attach an Organizational FLOWCHART showing the structure of the ownership. Attach additional sheets as needed in order to disclose the officers, Directors, Members, Managers, Partners, Stockholders and percentage owners of those entities. C~ pie, J _ ft ju 6/18/2015 page 3 of 9 Amended Marana Regular CoApltR accommodations please call (602)542 -9027 Page 72 of 144 { ' r ? ; = y. w• Corporate Structure CVSlpharmacy retail stores in Arizona As of 7/24/2015 Amended Marana Regular Council Meeting 10 -06 -2015 Page 73 of 144 ENTITY NAME: CVS RS Arizona, LLC 0% Ownership for all Officers "M .Man e e Thomas S. Moffatt President Carol A. DeNale Senior Vice Presiden_ t Treasurer Melanie K. Luker Secreta Linda M. Cimbron Assistant Secreta Jeffrey E. Clark Assistant Treasurer 1 as on D. D esro chers I Assistant Treasurer � t f ,_ H i'_ i '. )RU.Si Ei K ; SS Drir::Licens rAddre S - 29 Homestead Circle, Ki n ston, RI 02881 One CVS Drive Woonsock RI 02895 032561308 R19871281 75 Poplar St., Watertown, MA 02472 One CVS Drive, Woonsocket, RI 02895 179424528 MA S28023072 45 Susan Drive, Cranston, RI 02920 One CVS Drive, Woonsocket, RI 02895 038409380 RI 8002184 45 Bridge Street, Warren, RI 02885 One CVS Drive, Woonsocket, RI 02895 022443724 R18613125 2 Joy Lane, Hingha MA 0 2043 One CVS Drive, Woonsocket, RI 02895 040563756 MA 540000772 359 Sanford RoadAlfred, ME 04002 One CVS Drive, Woonsocket, RI 02895 1007664871 ME 8630213 V D B. h 0 'P one 01/2 1964 401 - 765 -1500 0 02Z24/1964 401-- 765 -1500 ll 15 1963 401- 765 -1500 v� 02/25Z1955 401 -765 -1500 4 10 1970 401 - 765 -1500 4/14/1974 401- 765 -1500 ENTITY NAME: CVS Pharmac Inc. -`M e �g 'p INIV '#.i`li.. �i2; .� x•v tic;wn.n r � +..a.s.w"i. ,' a 'A PP v Mark S. Cosb President 78 Doublin Rd. Greenwich, CT 06830 One CVS Drive, Woonsocket, R1 02895 401-765-1500 Carol A. DeNale Senior Vice President/Treasurer 75 Poplar St., Watertown, MA 02472 One CVS Drive., Woonsocket, RI 02895 401-765-1500 Thomas S. Moffatt Vice President/ Secretar 29 Homestead Circle, Kin R1 02881 One CVS Drive, Woonsocket, R1 02895 401-765-1500 Linda A Cimbron Assistant Secreta 45 Brid Street, Warren, RI 02885 One CVS Drive, Woonsocket, RI 02895 401-765-1500 Melanie K Luker Assistant Secreta 45 Susan Drive, Cranston, RI 02920 One CVS Drive, Woonsocket, RI 02895 401-765-1500 Jeffre E. Clark Assistant Treasurer 2 J o y Lane, Hin MA 02043 One CVS Drive, Woonsocket, RI 02895 401-765-1500 Uason D. Desrochers Assistant Treasurer 1 359 Sanford RoadAlfred, ME 04002 _One CVS Drive., Woonsocket, R1 02895 1 401-765-1 ��t r*-j J.J o ij Lj;�e, Licr. Li%., Piq 3 ENTITY NAME: CATS Caremark COrDOration ? � s ` .V_ Ili ����� � 3�;c� Fa { '�„- �'�?y: «i• •'�;a;'�.` %n rsrasea � sr�;,x�v�: ._ �v� '� • xrar .��.a ,'` � . Vii... sr_ .. �?:. Dorman, David W. Chairman Brown, C. David 11 Director DePa rle, Nancy-Ann Director Finucane, Anne M. Director Merlo, Larry J. Director Millon, Jean - Pierre Director Swift, Richard J. Director Weldon, William C. Director White, Tony L. Director Merlo, Larry J. President and CEO Denton, David M. EVP & Chief Financial Officer Brennan, Troyen A. MD EVP & Chief Medical Officer Joyner, J. David EVP Sales and Account Services, Caremark Pharmacy Services Foulkes, Helena B. EVP/President, CVSlpharmacy Retail Moriarty, Thomas M. EVP and General Counsel Roberts, Jonathan C. EVP/President, Caremark Pharmacy Services Lofberg, Per G.H. EVP Boratto, Eva SVP, Controller and Chief Accounting Officer Gold, Stephen L. SVP Chief Information Officer DeNale, Carol A. SVP and Treasurer McIntosh, Colleen SVP and Corporate Secretary Bisaccia, Lisa G. Buckley, John M. SVP & Chief Human Resources Officer SVP & Chief Compliance Officer Christal, Nancy R. SVP - Investor Relations Sussman, Andrew J. M.D. SVP and Associate Chief Medical Officer Moffatt, Thomas S. .... .. ... .. ..... Vice President and Assistant Corporate Secretary Amended Marana Regular Council Meeting 10 -06 -2015 Page 76 of 144 .� - {� -f L z #.. _ PAN o ,�_ ? e r te ► SECTION 8 Club Applicants EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. 1. Name of Club: 2. Is Club non - profit? ❑ Yes ❑ No 3. List all controlling members (minimum of four (4) required) Lost First Middle Mai G Address C State Kp Code (Attach additional sheet 9 necessary) SECTION 9 Probate. Will Assignment or Divorce Decree of an existing Bar or Liquor Store License 1. Current Licensee's Name: (Exactly as it appear on the license) last First Middle 2. Assignee's Name: Last First Middle 3. License Type: License Number: ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIG NEE. SECTION 10 Government (for cities, towns, or counties only) 1. Government Entity: 2. Person/Designee: First fast Middle Day time Contact Phone # A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISE FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Location to Location Transfer: Series b Bar, Series 7 Beer & wine Series 9 Liquor Stores only) 1. Current Business: Name 4 Star Li uors "L-LC Address: 4415 S. 8th Ave Tucson, AZ 85714 (Exactly as it appears on license) 2. New Business: Name: Address: 3785 W. Ina Road Marana, AZ 85741 w 3. License Type Ser 9 License Number: 6/18/201 5 Amended Marana Regular Co icil /�a tin . p 11J -06 -2p ge 4 °f Page 77 of 144 Isabfec in Mduals A f�A aceommodafions lease Call (602)542 -9027 r} w ry .k s r 3 x -3 SECTION 12 Person to Person Transfer Questions to be completed by Current Licensee (Bar and Liquor Stores Only- Series, 06, 07, and 09) 1. Individual Owner / Agent Name: Lop Edward Phillip Entity: Last first Middle Ne��T (Individual. Agent, Etc) 2. Ownership Name: Exactly as it appears on licens 3. Business Name. (Exactly as it appears on license) 4. Business L ocation Address: 4415 S. 5th Ave Tucson AZ 8571 Street city State Zip 5. License Type: Seriev, 9 -- icense Number: 6. Current Mailing Address 2550 W. Santa Louisa St. Tucson, AZ 85745 Street city State zip 7. Have all creditors, lien holders, interest holders, etc. been notified? 1 Yes ❑ No 8. Does the applicant intend too operate the business while this application is pending? Ye El No ply p pp p g If yes, complete Section 5 (interim Permit) of this application; attach fee, and current license to this application. 9. 1, (Pr gull Name) See attached "Section 11 "hereby authorize the department to process this Application to transfer the privilege of the license to the applicant provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue. 1, (Print Full Na , declare that I am the CURRENT OWNER, MEMBER, PARTNER STOCKHOLDER or LICENSEE of the staffed license. I have read the above Section 12 and confirm that all statements are true, correct, and complete. x See attached "Section 11 " form (Signature of CURRENT Individual Owner /Agent) NOTARY State of County of State County The foregoing instrument was acknowledged before me this day of . Day Month Year My commi ssion ex pires o n Day/ Month /Year Signature of NOTARY PUBLIC 6/18/201 Xmended Marana Regular Cou Gil MM e in Q- 06 -2Og 5 of 9 Page 78 of 144 N1sab�ec iRdr�lduals ADA accommodations please call (602 )542 --9027 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquo &&hWe: Ftq 3 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2. Assignee's Name: Last Firs 3. License Type: License Number: •° Middle Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE Wll_ OBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR NSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: (for cities, to s, or counties only) 1. Governmental Entity: 2. Person/designee: Last First Middle Contact Phone Number A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. MONSOON[ mosma � omdomom o� ,.o...w momm .w women ..■ mmomom .....,.r VERNON" .�. MOORE" mrwm..m ..m..r.p , . � � �ENONOW W SECTION 'I'I Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY- Series 06,07, and 09). 1. Current Licensees Name. Entity: (Exactly as it appears on license) Last First Middle (1ndiv., Agent, etc.) 2. Corporation/L.L.C. Name: ts -.a c (Exactly as it appears on license) t 3. Current Business Name: A r (Exactly as it appears on license) 4. Physical Street Location of Business: Street City, State, Zip - ►-' Atli 5. License Type: -4 R — 1 -- Q - 7 % License Number: 0�(aC �Ck 1p i 6. If more than one license to be transfered: License Type: '-' � b- License Number: � k 7. Current Mailing Address: Street (Other than business) City, State, Zip ��. �. 8. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? 2NES 0 N 9. Does the applicant intend to operate the business while this application is pending? YES NO If yes, complete Section 5 of this application, attach fee, and current license to this application. 1 C. hereby authorize the department to process this � U C Y N � application to transfer the (print full name) privilege of the license to the applicant, provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue. I ±�. `�'-L -4--%, P � PZTL that i am the CURRENT OWNER AGENT, MEMBER, BER, PARTNER (print full name) STOCKHOLDER, or LICENSEE of the stated license. I have read the above Sec ' n 11 and confirm that all statements are true, correct, and complete. r .' -.r ate of County of (Signature of CURRENT LICENSEE) The foregoing 'nstr as acknowledged before me this `°. OFf IC �1 ►I.. SiMA y onth Year MpetmRg 4 0 06 2016 Page 79 of 144 00A C t i Ufa f S' ure of NOTARY PUBLIC UNTY 4 � ) /1/ &�_ "T C'Omnl- E*roskme 1 "M r V W ., 913 R �� 7. v " g g " , � � :� � # }.• 4 r 3, jay •. � h.. � i + r - _ � ` �C�w •3cwr�'•r "v. ".�.' - _... � �� •Y47. '=i,`?4i �•� '��'g,��'l�µ `�� -y ar°ss•`ip. ��i��r •��_ f ` S ,� ' i r . �&r :: i:I�`�-- .�lX:.- ,�:�.,�.� �� �+ • � � _ �: �:w� �•. 4. ..� ��� 3�" Tom s ""` i � `�• r�{ �� � i�.a � - 4 Arm, • - g gy 9 I T-4 - �_Yj �1= TATS oip AR f � }� r k IZONA Z,- . .�ttia�aJr F . . . . . . . . . . . . . . 3� 4 r :r'� a ��Y� t'., f .1 �i� t At I NMI'. �i; i Y• F y,. Ye ° . L r 1 •�' ff (fi 0M. U �, { `� � � - Issue Date* 8/15/2006 Expiration Date: 10/31/2015 _ ::f! 3 `�� EDWARD PMLLIP LOPEZ Issued To: 4 Li Store A Mailin Address: ' y� ``�` ,`' 4 STAR LIQUORS LLC, Owner AV, _1W N- _N ]�DWARD PHILLIP LOPEZ 'Location: k '31AR, LI LLC 4-STAR LIQUORS . A5. A e' N .L��tir :.- =� 4415 S NTH AVE Ml L TAR LIQUORS UI TUC S ON, AZ 8 5 714 2,450" SAN TA LO SA ST TUCSON, AZ 85746 S P. L11Cp 'NNORD o % - ffivi_ S =�' -•fix e- w � �;.: =�`� _- 5����' � "{ _ - � � �. �� = �� �� �� I � ��i yam' .�'� r � � " � �� '�f r i' i i t � 7r4 F , ;L 4-M� J PO HIS MME 17Vq A 03- U0 11 sg — A­` N "T _- Al q 5 —i�M;z 1 4 1 J4 '6 4F � � - -_. .i �__ _ - �.- -�_ •�' I ���` - .r.i}c ��'- '� .""_'_�- ...'.�•... -�.�1 3 ���1 N3+ ,'L��S H �F3, � W-m 'F 7_77 Bill of Sale IN CONSIDERATION OF THE SUM OF: * ** ** *lawful currency of the United States of America, and other valuable consideration, receipt of which is hereby acknowledged, the SELLER: 4 Star Liquors, LLC, an Arizona Limited Liability Company hereby grants, bargains, sells and transfers unto the BUYER: Arizona CV'S Stores, L.L.C., an Ariz ona Limited Liability Company and his, her or their heirs, personal representatives, or assigns, to have and to hold forever, the following described personal property, goods or chattels: That certain State of Arizona Liquor License #09100296 FURTHERMORE, Seller warrants that he, she or they are the lawful owner of said goods and hereby certifies, under oath, that he, she or they have good right to sell the same as aforesaid, and that the above described property is free and clear of all claims, liens and other encumbrances whatsoever, EXCEPT, as specified herein. Seller further agrees to warrant and defend same against the lawful claims and demands of all persons whomsoever. DATED: December Y2, 20X2 4 Star Liquors, LLC, an Arizona Limited Liability Company Edward P. Lopez, Membe .State of ARIZO NA }ss: County of PIMA 1 Virgin% R. Palacios, Member On December 1 ' 20 l 2, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Edward P. Lopez, Member and , Virginia R. Palacios, Member personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their authorized capaci [ies and that by his/her/their signature(s) on the instrument the persons), or the entity upon be alf of which the persons} acted, executed the instrument. WITNESS my hand and officia seal. Notary Public Escrow No.: 00122267 OWCJ1M� SEAL K A. K /AMBER NOWYP c - sibof kkwa PIMA GOUT h� Cmm. EY4 AMe S. 2013 28 Amended Marana Regular Council Meeting 10 -06 -2015 81 =ASH Page 81 of 144 SECTION 13 Proximity to Church or School Questions to be completed by all instate applicants EXCLUDING those app for a Series 5 Government Series I I Hotel Motel and Series 12 Restaurant licenses A.R.S. § 4 -207 (A) and (B) state that no retailer's license shall be issued for any premises which are at the time the license application is received by the director, within three hundred (300) horizontal feet of a church, within three hundred (300) horizontal feet of a public or private school building with kindergarten programs or grades one ( 1) through (12) or within three hundred (300) horizontal feet of a fenced recreational area adjacent to such school building. The above paragraph DOES NOT apply to: a) Restaurant license (§ 4- 205.02) b) Hotel /motel license (§ 4- 205.01) 1. Distance to nearest School. 'l716 (if less Phan one (1) mite note footage) c) Government license (§ 4- 205.03) d) Fenced playing area of golf course (§ 4 -207 (B) (5) ) Address 4140 W. Ina Rd #118 Tucson AZ 85741 Name of School PPEP Toc High School 2. Distance to nearest church: 2,481.0 (if less than one (1) mile note footage) Address: 7570 N Thorny.dale Tucson, AZ 85741 Name of Church: avior Lutheran Church SECTION 14 Business Financials 1. 1 am the: ❑ Lessee ❑ Sub - lessee Owner ❑ Purchaser ❑ Management Company 2. If the premise is leased give lessors: Name: Address: Street City State zip 3. Monthly Rent/ Lease Rate: $ 4. What is the remaining length of the lease? . yrs months 5. What is the penalty if the lease is not fulfilled? $ or other: (Give details- attach additional sheet if necessary) (Attach additional sheet it necessary) 7. What type of business will this license be used for (be specific) 2 . Retail Pharmacy 8. Has a license r a transfer license for the premises on this application been denied by the state with in the past ( 1) year? ❑ Yes 15 No If yes, attach explanation. 9. Does any spirituous liquor manufacture, wholesaler, ore loyee have an interest in your business? El No 10. Is the premises currently license with a liquor license? V Yes ❑ No If yes, give license number and licensee's name: �,,� �r AA License #; 001 00004 Individual Owner /Agent Name; M zan - a (Exactly as it appears on license) 6/18/201 vended Marana Regular Council Meeting 10- 06- 201page 6 of 9 Page 82 of 144 Disabled individuals ADA accommodations please call (602)542 -9027 6. Total money borrowed for the Business not including lease? $ Please List Lenders /People you owe money to for business. A� SECTION 15 Restaurant or hotel /motel license applicants 1. Is there an existing Restaurant or Hotel /Motel Liquor License at the proposed location? ❑Yes�No 2. If the answer to Question 1 is YES, you may quality for an Interim Permit to operate while your application is pending: consult A.R.S. § 4-- 203.01, and complete SECTION 5 of this application. 3. All Restaurant and Hotel /Motel applicants must complete a Restaurant operation Plan form provided by the Department of Liquor Licenses and Control. 4. As stated in A.R.S. § 4-- 205.02. (H) (2), a Restaurant is an establishment which derives at least forty (40) percent of its gross revenue from the sale of food. Cross revenue is the revenue derived from sales of food and spirituous liquor on the licensed premises. By applying for this ❑ Restaurant ❑ Hotel/Motel, I certify that I understand that I must maintain a minimum of forty (40) percent food sales based on these definitions and have included the Restaurant Hotel Motel Records Re uired for Audit form with this application. :ff� (Applicant's Signature) 5. 1 understand it is my responsibility to contact the Department of Liquor Licenses and Control to schedule an inspection when all tables and chairs are on site, kitchen equipment, and, if applicable, patio barriers are in place on the licensed premises. With the exception of the patio barriers, these items are not required to be properly installed for this inspection. Failure to schedule an inspection will delay issuance of the license. If you are not ready for your inspection 90 days after filing your application, please request an extension in writing: specify why the extension is necessary; and the new inspection date you are requesting. (Applicant's tni#ials) SECTION 16 Diagram of Premises Check ALL boxes that apply to your business: vr Entrances /Exits li Liquor storage areas Patio: ❑ Service windows ❑ Drive -in windows ❑ Contiguous ❑ Non Contiguous 1. Is your licensed premises currently closed due to construction, renovation or redesign? ❑ Yes No If yes, what is your estimated completion date? Month/pay/Year 2. Restaurants and Hotel Motel applicants are required to draw a detailed floor plan of the kitchen and dining areas including the locations of all kitchen equipment and dining furniture. Place for diagram is on section 16 number 6. 3. The diagram (a detailed floor plan) you provide is required to disclose only the area (s) where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored on the premises unless it is a restaurant (see # 3 above). 4. Provide the square footage or outside dimensions of the licensed premises. Please do not include non - licensed premises such as parking lots, living quarters, etc. As stated in A.R.S. § 4- 207.01 (B), I understand it i my responsibility to notify the D e pa rtment of Liquor Licenses and Control when there are changes to the boundaries, entrances, exits, added or deleted doors, windows, service Windows or increase or decrease to the square footage after submitting this initial diagram. ::fb� (Applicant's initials) 6/18/201Arnended Marana Regular Council Meeting 10 -06 -201 Page 7 of 9 Page 83 of 144 Disabled individuals ADA accommodations please call (602 )542 -9027 LicV.. L -, F14 3 � SECTION 16 Diagram of Premises - continued 6. on the diagram please show only the areas where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, hi -top tables, dining tables, dining chairs, dance floor, stage, game room, and the kitchen. Do NOT include parking lots, living quarters, etc. When completing diagram, North is up T. If a legible copy of a rendering or drawing of your diagram of the premises is attached to this application, please write the words "DIAGRAM ATTACHED" in the box provided for the diagram on the application. DIAGRAM of PREMISES Lz ctuoa 5ALEWOT.51PLAI /000"' Y lU J z �Z W P�6CESV X NG 1 611 ,Amended Marana Regular Council Meeting 10 -06 -201 P $ of Page 84 of 144 Disabled individuals ADA accommodations please call (602 )542 -9027