File #: 19-0635   
Type: License - Liquor Status: Recommended for Disapproval
Meeting Body: City Council Formal Meeting
On agenda: 4/3/2019 Final action:
Title: Liquor License - Smokes R Us
District: District 8
Attachments: 1. Liquor License Data - Smokes R Us.pdf, 2. Liquor License Map - Smokes R Us.pdf

Title

Liquor License - Smokes R Us

 

Description

Request for a liquor license. Arizona State License Application 49787.

 

License Information

Summary

 

Applicant

Simon Khoury, Agent

 

License Type

Series 10 - Beer and Wine Store

 

Location

3400 E. Thomas Road

Zoning Classification: C-2

Council District: 8

 

This request is for a new liquor license for a Beer and Wine Store. This location was not previously licensed for liquor sales and does not have an interim permit. This location requires a Use Permit to allow package liquor sales as an accessory to a convenience market when located within 300 feet of a residential zoning district. Zoning clearance for a tobacco oriented retailer is also required for this location.

 

The 60-day limit for processing this application was April 2, 2019. 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

This applicant does not hold an interest in any other active liquor license in the State of Arizona.

 

Public Opinion

Three letters containing fifty-two signatures protesting the issuance of this license have been received and are on file with the City Clerk. The letters are from local residents. They assert that issuance of a license at this location will have increased negative impact on the community.

 

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've managed this type of business for a long time in the State of Massachusetts never had a violation, I understand and prepare my employees who they can sell alcohol, no one under the age of 21 is allowed. Thank you.”

 

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

“It is a community store and I price my inventory from tobacco to convenience store items and hopefully liquor to be affordable for our community and I do really care about our neighborhood. Thank you.”

 

Staff Recommendation

Staff recommends approval of this application noting the applicant must resolve any pending City of Phoenix building and zoning requirements, and be in compliance with the City of Phoenix Code and Ordinances. Staff gave careful consideration to the protests received, however after reviewing the application in its entirety staff is recommending approval of this application.

 

Attachments

Liquor License Data - Smokes R Us

Liquor License Map - Smokes R Us

 

Department

Responsible Department

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