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  Public Hearing     3. B.    
Regular BOS Meeting
Meeting Date: 03/24/2020  
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-20-01) - James David Haviland - Creekside Steakhouse & Tavern
Background Information
James David Haviland submitted an application to the Arizona Department of Liquor Licenses and Control (DLLC) for a new Series 12 - Restaurant License with an interim permit to operate at the Creekside Steakhouse & Tavern located in Christopher Creek, 30 miles east of Payson. 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 per statutory requirement "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 February 12, 2020, and removed on March 5, 2020, by a Gila County Sheriff's Deputy. The Affidavit of Posting is on file at the Clerk of the Board's office. The application was sent to the Planning and Zoning Department, Health Department, and Treasurer's Office. The Treasurer does not have any issues with the applicant with regard to taxes. The Planning and Zoning Department Director has indicated that building permits will be required for repair work and updating the building and the owner has indicated he will obtain permits as required. The Health and Emergency Management Department Director doesn't have any pending issues with the applicant.
Conclusion
The application has been reviewed by various Gila County departments and the Treasurer and there are no pending County issues or concerns. 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
Information/Discussion/Action to consider a liquor license application (County No. LL-20-01) submitted by James David Haviland for a new Series 12 Restaurant License with an interim permit to operate at the Creekside Steakhouse & Tavern located in Christopher Creek, 30 miles east of Payson; 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
Creekside Steakhouse-Recommendation
Creekside Steakhouse-Application
Creekside Steakhouse-Treasurer Response
Creekside Steakhouse-H&E Response
Creekside Steakhouse-CD Response
Creekside Steakhouse-Affidavit of Posting

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