Town Council Regular Session


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  Item # 3.       
Meeting Date: 01/15/2014  
Requested by: Julie Bower Submitted By: Mike Standish, Town Clerk's Office
Department: Town Clerk's Office  

Information
SUBJECT:
PUBLIC HEARING - DISCUSSION AND POSSIBLE ACTION REGARDING AN APPLICATION FOR A SERIES 9S (LIQUOR STORE W/SAMPLING PRIVILEGES) LIQUOR LICENSE FOR FRY'S FOOD & DRUG #18 LOCATED AT 10661 N ORACLE ROAD AND FRY'S FOOD & DRUG #117 LOCATED AT 10450 N LA CANADA DRIVE
RECOMMENDATION:
Staff recommends approval of the liquor license applications to the Arizona Department of Liquor Licenses and Control for the following reasons:

1.  No protests have been received for either location.

2.  The necessary background investigations were conducted by the Police Department.

3.  The Police Department has no objection to the approval of the Series 9S Liquor License requests for either location.
EXECUTIVE SUMMARY:
Three applications for a Series 9S (Liquor Store W/Sampling Privileges) Liquor License have been submitted by Robert Nelson for Fry's Food & Drug #18 located 10661 N. Oracle Road (Active License #09100008 & Inactive License #09100112) and for Fry's Food & Drug #117 located at 10450 N La Canada Drive (Active License #09100012).  These three requests consist of adding sampling privileges to existing Series 9 licenses.

Agent Robert Nelson has submitted all necessary paperwork to the Town of Oro Valley and the Arizona Department of Liquor Licenses and Control. Mr. Nelson has paid all related fees associated with applying for the liquor licenses ($500 Application Processing Fee per application).
BACKGROUND OR DETAILED INFORMATION:
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. Internet sale of liquor is not permitted in the state of Arizona. Liquor must be delivered to an Arizona liquor-licensed wholesaler, then an Arizona liquor-licensed retailer prior to delivery to the consumer.

In accordance with Section 4-201 of the Arizona Revised Statutes, the application was posted for 20 days on the premises of the applicant's properties, ending December 18, 2013. No protests were received during this time period.

Police Chief Daniel Sharp completed a standard background check on Fry's Food & Drug #18 located at 10661 N. Oracle Road and Fry's Food & Drug #117 located at 10450 N. La Canada Drive and Agent Robert Nelson and has no objection to the approval of either of the Series 9S (Liquor Store W/Sampling Privileges) licenses.
FISCAL IMPACT:
Per Ordinance No. (O)11-16, The Town of Oro Valley charges a $500 liquor license application processing fee to cover the costs incurred by the Town to process the application.

Per Section 8-2-6 Schedule of the Oro Valley Town Code, persons licensed by the State of Arizona to deal in spirituous liquor within the Town shall pay an annual license fee of $80.00 to the Town.
SUGGESTED MOTION:
I MOVE to (recommend / deny) approval of the issuance of a Series 9S Liquor License to the Arizona Department of Liquor Licenses and Control for Robert Nelson and principals for Fry's Food & Drug #18 located at 10661 N. Oracle Road, license #'s 09100008 and 09100112 and Fry's Food & Drug #117 located at 10450 N. La Canada Drive, license #09100012.
Attachments
Fry's Food & Drug Series 9S Liquor Licenses


    

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