Agenda

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Public Hearing 3. A.

Regular BOS Meeting

Meeting Date:	11/05/2019
Submitted For:	Marian Sheppard	Submitted By:	Melissa Henderson, Deputy Clerk
Department:	Clerk of the Board of Supervisors

Information

Request/Subject

Liquor License Application (County No. LL-19-02)-Rafael Gutierrez-Stripes Gas & Auto

Background Information

Rafael Gutierrez submitted an application to the Arizona Department of Liquor Licenses and Control (DLLC) for a new Series 10 Beer and Wine License at the Stripes Gas & Auto located in Pine. Per A.R.S. § 4-201(B), the DLLC has forwarded the application to the Clerk of the Board of Supervisors. The notice of hearing before the Board of Supervisors and the license application were posted "in a conspicuous place on the front of the premises where the business is proposed to be conducted, with a statement requiring any natural person who is a bona fide resident residing or owning or leasing property within a one mile radius from the premises proposed to be licensed, and who is in favor of or opposed to the issuance of the license, to file written arguments in favor of or opposed to the issuance of the license with the clerk within twenty days after the posting..." The notice also outlines the process whereby a bona fide resident may file a written protest to the State Liquor Board and or request information regarding procedures before the State Liquor Board and a notice of any State Liquor Board hearings regarding this application. To date, the Clerk of the Board of Supervisors has not received any written arguments on this application.

Evaluation

The notice of hearing before the Board of Supervisors and application was posted on August 27, 2019; thereafter, a Sheriff's Deputy checked on the posting to find that an employee of Stripes Gas & Auto had at some point removed the posting notice. The hearing notice was reposted on September 19, 2019, and removed on October 10, 2019, by a Gila County Sheriff's Deputy. The Affidavit of Posting is on file at the Clerk of the Board's office. An internal review has been conducted by the Planning and Zoning Department, Health Department, and Treasurer's Office. The departments and elected office have confirmed that there are no pending issues relevant to their area of responsibility.

Conclusion

The application has been reviewed by various Gila County departments and the Treasurer and there are no pending County issues. The Clerk of the Board did not receive written arguments from any of the bona fide residents who reside or own or lease property within a one mile radius from the premises proposed to be licensed within twenty days after the posting. The Board of Supervisors should proceed with a hearing to hear from any of the bona fide residents residing or owning or leasing property within a one mile radius from the premises proposed to be licensed, and then recommend to the State Liquor Board (Board) whether the Board should grant or deny the license.

Recommendation

The Clerk of the Board of Supervisors recommends that the Board of Supervisors proceed with the hearing on this application and then recommend to the State Liquor Board (Board) whether the Board should approve or deny the license.

Suggested Motion

Convene a hearing for a liquor license application (County No. LL-19-02) submitted by Rafael Gutierrez for a new Series 10 Beer and Wine License at the Stripes Gas & Auto, 3597 N. AZ Highway 87, Pine; and issue a recommendation to the State Liquor Board on whether or not the State Liquor Board should grant or deny the license. (Marian Sheppard)

Attachments
Stripes-Recommendation
Stripes-Application
Stripes-1Mile Notice
Stripes-Affidavit of Posting
Stripes-CD Response
Stripes-H&E Response
Stripes-T Response