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ARF- 2495

Consent Agenda Item 4. J.

Regular BOS Meeting

Meeting Date:	05/06/2014
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

Acquisition of Control Application for Kohl's Ranch.

Background Information

A.R.S. §4-203 was enacted in 2005 whereby a requirement was put into place that if an Agent (person who is responsible to ensure regulations are followed for a particular liquor license) and/or a Controlling Person (the owner of a particular liquor license) change, notification must be given to the Arizona Department of Liquor Licenses and Control (DLLC). Part of the statutory process is that the DLLC sends the application to the local governing body for review after which the governing body may issue a recommendation for the DLLC's approval or non-approval of the application.

Evaluation

A portion of A.R.S. §4-203 (F) states, "The Local Governing Body of the city, town or county may protest the acquisition of control within sixty days based on the capability, reliability and qualification of the person acquiring control. If the Director (of the DLLC) does not receive any protests, the Director may protest the acquisition of control or approve the acquisition of control based on the capability, reliability and qualification of the person acquiring control."

The DLLC conducts a background check of all persons who apply for a new liquor license and anyone who is involved with a change of ownership or responsibility for a liquor license; therefore, Gila County does not conduct its own background check of applicants due to the time and money it would take to conduct an investigation.

Conclusion

Local governing boards for Arizona cities, towns and counties handle these types of applications in different manners; there are other smaller municipalities and counties that handle the process similar to Gila County's process. Gila County's application process has been reviewed with Cynthia Bejar, DLLC Licensing Manager, and she didn't express any concerns regarding the County's process.

Since there is not sufficient information provided on the application form for the Board of Supervisors to determine the capability, reliability and qualification of the new Controlling Person/Owner for Kohl's Ranch, this agenda item is being presented to the Board of Supervisors more as information that a change has taken place with regard to this liquor license.

Recommendation

It is recommended that the Board of Supervisors approve this application and a record of said action will be retained in the Clerk of the Board's Department along with all of the documentation for this application. Per the DLLC, it is only necessary to inform the DLLC of the Board's vote on this application when there is a protest of the acquisition of control.

Suggested Motion

Approval of an Acquisition of Control Application for Kohl's Ranch that was submitted by Andrea Dahlman Lewkowitz, all of which pertains to an existing liquor license for Kohl's Ranch.

Attachments
Application for Acquisition of Control