HomeMy WebLinkAbout12-1-1998 Blue Sheet Resolution 98-123 Request for Approval of a person to Person Liquor License TransferTOWN COUNCIL
MEETING
INFORMATION
TOWN
OF
MARANA
DATE: December 1, 1998
AGENDA ITEM:
TO:
Mayor and Town Council
FROM:
Sandy Groseclose, Town Clerk
SUBJECT:
Resolution No. 98-123 - Request for Approval of a Person to Person Liquor License
Transfer and Location Transfer from Mary L. Focht to James Famighetti, Jadi
Enterprises, Inc. d/b/a Tino’s Pizza and Location Transfer from LaCocina, 186 N. Meyer
Ave, Tucson, AZ to Tino’s Pizza, 4231 West Ina Road, Marana, AZ.
DISCUSSION:
Mr. James Famighetti is applying for a liquor license person to person license transfer as well as
a location to location transfer. Mr. Famighetti is requesting to transfer a number 7 liquor (beer
and wine only) license from Mary Lou Focht to himself, James Famighetti. Mr. Famighetti is
also requesting to transfer the location of the liquor license from La Cocina, 186 N. Meyer
Avenue, Tucson, Arizona 85701 to Jadi Enterprises, Inc. d/b/a Tino’s Pizza, 4231 W. Ina Road,
#141, Tucson, Arizona 85741. The business is in compliance and a background check was
completed by our Police Department
which shows no record on file.
In accordance with the State of Arizona Guide to Arizona Liquor Laws, upon receipt of an
application for a spirituous liquor license, the State Department of Liquor Licenses & Control
Department will send two (2) copies of the application to the clerk of the city or town in which
the proposed licensed premises would be located.
The clerk must post one (1) copy of the application on the front of the proposed licensed
premises for twenty (20) days.
The appropriate governing body will hold a meeting and must either approve, disapprove or
offer a “no-recommendation” decision on the application. This action must take place within
sixty (60) days of the filing of the application. During the time the governing body is
processing the application, the Department will conduct a background check of the applicant.
If the application is approved at the appropriate government level, and no written protests have
been received by the Department, and if there is no objection by the Director, the application
will be approved. This process normally takes sixty-five (65) to one-hundred five (105) days
after the filing of the application.
If the governing body disapproves the application or offers a “no-recommendation”, or if the
protests have been filed with the Department, the application must be set for a hearing before
the State Liquor Board.
The hearing may be conducted by the board or a designated hearing officer. The purpose of a
hearing is to consider all evidence and testimony in favor of or opposed to the granting of a
license. The applicant for a new license bears the burden of demonstrating his or her
“capability, qualifications and reliability”, and that the granting of a license is in “the best
interest of the community” except that, in a person-to-person transfer an applicant need only
prove his or her “capability, qualifications and reliability”; an applicant in a location–to-
location transfer need only prove that the granting of the license is in the “best interest of the
community”.
The decision by the board to grant or deny an application will normally take place within one-
hundred five (105) days after the application has been filed, unless the director deems it
necessary to extend the time period. ARS 4-201, 4-201.01, 4-203; Rule R-4-15-102.
RECOMMENDATION:
James Famighetti, applicant/agent for Tino’s Pizza, has submitted his application to the State of
Arizona Department of Liquor Licenses and has met the posting requirements. The office of the
Town Clerk has received no comments in favor or against the application.
Staff recommends that the Council approve Resolution No. 98-123.
SUGGESTED MOTION:
I move that the Council approve Resolution No. 98-123, recommending the approval of the
Number 7 liquor license for Tino’s Pizza.
H/admin/liquor/license Tino’s/Diane