Agenda

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Public Hearing 2. D.

Regular BOS Meeting

Meeting Date:	05/18/2021
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-21-02) - Sheila Lynn Marcum - Jake's Corner Store

Background Information

Sheila Lynn Marcum submitted an application to the Arizona Department of Liquor Licenses and Control (DLLC) for the transfer of a Series 10 Beer and Wine License at Jake's Corner Store located at 57510 N. Highway 188 in Payson. There is an existing liquor license at the location of which the DLLC has issued Ms. Marcum an interim permit to use the license to operate the store.

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 April 5, 2021, and removed on April 27, 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-21-02) submitted by Sheila Lynn Marcum for the transfer of a Series 10 Beer and Wine License with an interim permit to operate at Jake's Corner Store, 57510 N. Highway 188 in Payson; and issue a recommendation to the Arizona Department of Liquor Licenses and Control whether the license should be granted. (Marian Sheppard)

Attachments
Jakes Corner Store-Recommendation
Jakes Corner Store-Application
Jakes Corner Store-Affidavit of Posting
Jakes Corner Store-Treasurer Response
Jakes Corner Store-H&E Response
Jakes Corner Store-Comm Dev Response