Agenda

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ARF- 2400

Public Hearing 3. C.

Regular BOS Meeting

Meeting Date:	03/18/2014
Submitted For:	Marian Sheppard
Submitted By:	Laurie Kline, Deputy Clerk, Clerk of the Board of Supervisors
Department:	Clerk of the Board of Supervisors

Information

Request/Subject

Creekside Steakhouse & Tavern Liquor License Applications LL-14-01 and LL-14-02.

Background Information

Jason Conan Harris has submitted two applications to the Arizona Department of Liquor Licenses and Control (DLLC) for the Creekside Steakhouse & Tavern in Payson. The first application is for a person transfer of a Series 7 beer and wine liquor license with an interim permit to operate, and the second application is for a new Series 12 restaurant license with an interim permit to operate.

The purpose of a Series 7 beer and wine bar license is defined as follows: "Allows a beer and wine bar retailer to sell and serve beer and wine, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises."

The purpose of a Series 12 restaurant license is defined as follows: "Allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least 40% of its gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license. 4-213(C)"

Part of the statutory process is once the DLLC accepts and processes the licenses, they are sent to the local governing body in which city, town or county the establishment is located. Upon the local governing body's review of the applications, a recommendation is then issued by the local governing body, which in Gila County it is the Board of Supervisors (Board), to the DLLC to either approve, deny or issue a "no recommendation" decision.

Per statutory requirements, a notice of hearing by the Board was posted at the establishment for a period of 20 days, specifically to inform any person residing or owning or leasing property within a one-mile radius of the establishment regarding these applications. To date, the Clerk of the Board's Department has not received any objections to these applications.

Evaluation

These applications have been forwarded to the Gila County Clerk of the Board of Supervisors Department for submission to the Board. An internal review has been conducted by both the Gila County Building Permit Department and the Health Department.

Health Department staff visited the establishment and determined there are no issues with regard to Health Department permits. Building Permit Department staff visited the establishment and noted that there needs to be an ADA (Americans with Disabilities) compliant bathroom design that will fit in the available space. An update was provided to the Clerk of the Board's Department on March 12th, which states that the applicant is fully cooperating with the County Building Permit Department to receive the proper permits to construct the bathroom; therefore, the Building Permit Department recommends the Board's approval of these applications.

Conclusion

These applications have been reviewed by several County departments with no objections and no one has submitted a written objection to this application; therefore, a public hearing should be held by the Board to entertain any comments from the public with regard to these applications before the Board takes an action to issue a recommendation to the DLLC.

Recommendation

The Clerk of the Board of Supervisors recommends that the Board issue an approval recommendation to the DLLC if there are no objections from the public.

Suggested Motion

Information/Discussion/Action to approve two liquor license applications submitted by Jason Conan Harris for the Creekside Steakhouse & Tavern located in Payson, as follows: 1) Order No. LL-14-01 for a person transfer of a Series 7 beer and wine license with an interim permit to operate; and 2) Order No. LL-14-02 for a new Series 12 restaurant license with an interim permit to operate. (Marian Sheppard)

Attachments
LL-14-01 Liquor License Application
LL-14-02 Liquor License Application
Posting Affidavit 12043087
Posting Affidavit 07040041
Sheriff's Signed Affidavit of Posting
LL-14-01 Order
LL-14-02 Order