Agenda

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Public Hearing 2. D.

Regular BOS Meeting

Meeting Date:	04/06/2021
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-21-01) - Joshua Joseph Smith - The Weekender

Background Information

Joshua Joseph Smith submitted an application to the Arizona Department of Liquor Licenses and Control (DLLC) for the transfer of a Series 6 Bar License at The Weekender (formerly known as the Strawbeary Bear) located at 120 Ralls Drive in Strawberry. There is an existing liquor license at the location of which the DLLC has issued Mr. Smith an interim permit to use the license to operate the bar.

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 of the Board 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 by a Gila County Sheriff's Deputy on February 25, 2021, and removed on March 19, 2021. 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 and Emergency Management Department, and the Treasurer's Office. The department heads and elected officials 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 Gila County Treasurer; 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 DLLC whether the DLLC 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 DLLC whether the Board should approve or deny the license.

Suggested Motion

Information/Discussion/Action to consider a liquor license application (County No. LL-21-01) submitted by Joshua Joseph Smith for the transfer of a Series 6 Bar License with an interim permit to operate at The Weekender, 120 Ralls Drive in Strawberry; and issue a recommendation to the Arizona Department of Liquor Licenses and Control whether the license should be granted. (Marian Sheppard)

Attachments
The Weekender-Recommendation
The Weekender-Application
The Weekender-Affidavit of Posting
The Weekender-Treasurer Response
The Weekender-Community Development Response
The Weekender-Health & Emergency Response