File #: 21-0322   
Type: License - Liquor Status: Agenda Ready - City Clerk
Meeting Body: City Council Formal Meeting
On agenda: 2/17/2021 Final action:
Title: (CONTINUED FROM FEB. 3, 2021) - Liquor License - Lucky Market
District: District 2
Attachments: 1. Liquor License Data - Lucky Market.pdf, 2. Liquor License Map - Lucky Market.pdf, 3. Liquor License Police Department Recommendation - Lucky Market.pdf
Related files: 20-3198

Title

(CONTINUED FROM FEB. 3, 2021) - Liquor License - Lucky Market

 

Description

Request for a liquor license. Arizona State License Application 09070322.

 

License Information

Summary

 

Applicant

Geeta Bhatt, Agent

 

License Type

Series 9 - Liquor Store

 

Location

16401 N. Cave Creek Road

Zoning Classification: C-2

Council District: 2

 

This request is for an ownership transfer of a liquor license for a liquor store. This location was previously licensed for liquor sales and may currently operate with an interim permit.

 

The 60-day limit for processing this application was Jan. 12, 2021. However, the applicant has submitted a written request for more time.

 

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after satisfactory showing of the capability, qualifications and reliability of the applicant and that the public convenience and the best interest of the community will be substantially served by the issuance. If an application is filed for the issuance of a license for a location, that on the date the application is filed has a valid license of the same series issued at that location, there shall be a rebuttable presumption that the public convenience and best interest of the community at that location was established at the time the location was previously licensed. The presumption shall not apply once the licensed location has not been in use for more than 180 days.

 

Other Active Liquor License Interest in Arizona

The ownership of this business has an interest in other active liquor license(s) in the State of Arizona. This information is listed below and includes liquor license violations on file with the AZ Department of Liquor Licenses and Control and, for locations within the boundaries of Phoenix, the number of aggregate calls for police service within the last 12 months for the address listed.

 

Jerry's Drive In Liquor (Series 9)

1217 S. Rural Road, Tempe

Calls for police service: N/A - not in Phoenix

Liquor license violations: In October 2017, a fine of $750 was paid for selling liquor to an intoxicated or disorderly person. In October 2018, a fine of $750 was paid for failure to request ID from underage buyer and for selling, giving or furnishing underage person with alcohol. In November 2019, a fine of $750 was paid for employee consuming on duty and off-sale open container on premises.

 

Public Opinion

No protest or support letters were received within the 20-day public comment period.

 

Applicant’s Statement

The applicant submitted the following statement in support of this application. Spelling, grammar and punctuation in the statement are shown exactly as written by the applicant on the City Questionnaire.

 

I have the capability, reliability and qualifications to hold a liquor license because:

“I have the experience since 2002 in the liquor business. It is a good community store and I have ability to handle the business.”

 

The public convenience requires and the best interest of the community will be substantially served by the issuance of the liquor license because:

“I should get the license because the commity is safe to sell liquor and it is a good small store and it is convenient to the community.”

 

Staff Recommendation

Staff recommends disapproval of this application based on a Police Department recommendation of disapproval. The Police Department disapproval is based on concerns regarding multiple recent violations demonstrating a lack of control over another liquor establishment operated by the same applicant. The applicant has not demonstrated the capability, qualification and reliability to hold and control a liquor license.

 

Attachments

Liquor License Data - Lucky Market

Liquor License Map - Lucky Market

Liquor License Police Department Recommendation - Lucky Market

 

Department

Responsible Department

This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk Department.