Title
Liquor License - Kandies Cabaret
Description
Request for a liquor license. Arizona State License Application 06070320.
License Information
Summary
Applicant
Robert Wallace, Agent
License Type
Series 6 - Bar
Location
3790 Grand Ave.
Zoning Classification: C-3
Council District: 5
This request is for an ownership and location transfer of a liquor license for a topless bar. This location was previously licensed for liquor sales and does not have an interim permit.
The 60-day limit for processing this application was April 11, 2020. 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.
Chicas Cabaret (Series 7)
2802 N. 35th Ave., Phoenix
Calls for police service: 27
Liquor license violations: In November 1996, a fine of $500 was paid for prohibited sex acts and employee/entertainer clothing requirements. In January 1997, a fine of $325 was paid for failure to protect the safety of patrons. In December 1997, a fine of $750 was paid for prohibited sex acts. In February 1998, a fine of $750 was paid for an entertainer employed by licensee performing a simulated sex act. In November 1999, a fine of $1,750 was paid for prohibited sex acts and allowing a disorderly to remain on premises. In August 2001, a fine of $375 was paid for underage on premises without a parent. In June 2004, a fine of $2,000 was paid for employee clothing requirements and prohibited sex acts. In January 2010, a fine of $250 was paid for not maintaining an employee log. In January 2012, a fine of $4,000 was paid for false or misleading information on application or other documents. In February 2012, a fine of $750 was paid for failure to request ID from underage buyer and selling, giving, furnishing an underage person with alcohol. In February 2012, a fine of $750 was paid for delinquent taxes. In July 2019, a fine of $3,000 was paid for failure to maintain capability, qualification and reliability.
Public Opinion
Two letters protesting the issuance of this license have been received and are on file in the Office of the City Clerk. The letters are from local residents. They feel that it would be a detriment as well as a potential danger for the community to add liquor to the establishment.
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 am an experience licensee with more than 20 years experience in the liquor industry. I am committed to upholding the highest standards for business practices & employees. I currently own a lic in the city of Phoenix which sales beer & wine and, have been trained in the techniques of legal & responsibility & taken title 4 liquor law training.”
The public convenience requires and the best interest of the community will be substantially served by the issuance of the liquor license because:
“Kandies Cabaret wishes to provide adult entertainment, generate job opportunities, and provide a safe environment for the public. In addition, Kandies Cabaret will responsibly adhere to all state and federal tax laws and maintain a strict adherence to the security requirements of the city and state requirements.”
Staff Recommendation
Staff recommends disapproval of this application based on a Police Department recommendation for disapproval. The Police Department disapproval is based on past criminal history and numerous prior liquor violations. The applicant has not demonstrated the capability, qualifications and reliability to hold and control a liquor license. In addition, the location of the application is not in the best interest of the community.
Attachments
Liquor License Data - Kandies Cabaret
Liquor License Map - Kandies Cabaret
Liquor License Police Department Recommendation - Kandies Cabaret
Department
Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk Department.