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Executive Session Item 7. A.

Regular BOS Meeting

Meeting Date:	04/19/2022
Submitted By:	Marian Sheppard, Clerk of the Board
Department:	Clerk of the Board of Supervisors

Information

Request/Subject

Robert Kenneth Mitchell, Jr., Managing Member of Below The Rim Meadery, LLC (the "Applicant"), desires to submit to the Arizona Department of Liquor Licenses and Control (" the Department") an "Application for Extension of Premises/Patio Permit" (the "Application") for a "Permanent change to the area or service" (the "Licensed Premises"). The Department's Application, however, requires that the Application go to the Gila County Board of Supervisors (the "Board") first for its approval or disapproval before submitting the Application to the Department.

Background Information

The Department is authorized to grant or deny an Application to extend Licensed Premises to any establishment that has been issued a liquor license. Before considering an Application, the Department requires an applicant to submit the Application to the local governing body of the city, town, or county where the establishment is located for its approval or disapproval. The Application can be for a temporary or permanent extension of the Licensed Premises. The Application provides that the "recommendation is not binding on the Department of Liquor".

In this case, the Applicant has a Series 13 In-State Farm Winery License and desires to permanently extend the Licensed Premises where wine is permitted to be sold and or served.

Evaluation

Before an Application is submitted to the Department of Liquor for approval, it requires that the Application must first be submitted to the local governing body, i.e. the Board, for its approval or disapproval. The Board's decision is not binding on the Department.

Conclusion

It would be well for the Board to vote to go into executive session regarding this item, and, when reconvened into the regular meeting, vote to approve or disapprove of the Application or take other action.

Recommendation

It is recommended that the Board vote to go into executive session, and, when reconvened into the regular meeting, vote to approve or disapprove of the Application or to take other action.

Suggested Motion

Information/Discussion/Action to vote to hold an executive session under A.R.S. § 38-431.03(A)(3) and (4) to have a discussion or consultation for legal advice with the attorneys for the Board to consider its position regarding Robert Kenneth Mitchell, Jr.'s application to permanently extend the licensed premises where wine is permitted to be served or sold at Below The Rim Meadery, LLC, and, when reconvened into the regular meeting, vote to issue a recommendation of approval or disapproval to the Arizona Department of Liquor Licenses and Control or to take other action. (Jeff Dalton)

Attachments
Below The Rim - Application