TABLE OF CONTENTS

TABLE OF CONTENTS

FOR CITY COUNCIL PACKET

November 17, 2009

The November 18, 2009 Formal Meeting (Canvass of Votes if needed)

 

GENERAL INFORMATION

Ÿ

 

Liquor License Applications Received for the Period of November 4, 2009 through November 10, 2009

 

Ÿ

 

Police Department Recommendation for Three Liquor License Items on the November 18, 2009 Formal Agenda

 

 

Packet Date:  November 13, 2009


 

LIQUOR LICENSE APPLICATIONS RECEIVED FOR THE PERIOD OF NOVEMBER 4, 2009 THROUGH NOVEMBER 10, 2009

GENERAL INFORMATION

TO:

Lisa Takata

Executive Assistant to the City Manager

PACKET DATE:

November 12, 2009

FROM:

Mario Paniagua

City Clerk

 

 

 

 

SUBJECT:

LIQUOR LICENSE APPLICATIONS RECEIVED FOR THE PERIOD OF NOVEMBER 4, 2009 THROUGH NOVEMBER 10, 2009

 

 

This report provides advance notice of liquor license applications that were received by the City Clerk during the period of Wednesday, November 4, 2009 through Tuesday, November 10, 2009.

 

INFORMATION

The liquor license application process includes the posting of a public notice of the application at the proposed location for twenty days and the distribution of an application copy or a copy of this report to the following departments for their review: Finance, Planning, Police, Fire, Street Transportation, Development Services, and the Maricopa County Health Department.  Additionally, License Services mails a notice to all registered neighborhood organizations within a one-mile radius of each proposed business location (excluding Special Events).

 

Additional information on the items listed below is generally not available until the twenty-day posting/review period has expired.

 

LIQUOR LICENSE APPLICATIONS

 

Application Type Legend

O-

Ownership

L-

Location

N-

New

OL-

Ownership & Location

AOC-

Acquisition of Control

SE-

Special Event

 

Liquor License Series Definitions

 

1     In State Producer

*

7     On sale-beer & wine

 

11  Hotel/Motel-all liquor on premises

 

3     Microbrewery

 

8     Conveyance license-sale of all liquor on board planes & trains

 

12  Restaurant-all liquor on premises

4     Wholesaler

 

5     Government

 

9     Off sale-all liquor

 

14  Clubs-all liquor on premises

*

6     On sale-all liquor

 

10  Off sale-beer & wine

 

15  Special Event

 

 

*

On-sale retailer means any person operating an establishment where spirituous liquors are sold in the original container for consumption on or off the premises and in individual portions for consumption on the premises.

 

Dist

 

App.

Type

 

Agent/Owner Name

Business Name/Address

Phone

 

Lic.

Type

 

Protest

Period

Ends

 

Within

2,000 Feet

of Light Rail

 

Proposed

Agenda

Date

2

 

SE

 

Kimberly Behrens

Phoenix Children’s Hospital Foundation (12/4-12/5/09)

5415 East High Street

602-546-5024

 

15

 

N/A

 

N/A

 

12/2/09

3

 

N

 

Eugene Alfonso, Jr., Agent

Ginos Coast to Coast Home Style Kitchen & Keg

13623 North 32nd Street

602-710-0007

 

12

 

12/1/09

 

No

 

12/16/09

4

 

N

 

Rod Aranki, Agent

3 Hermanos Carniceria-Convenience

3440 West Thomas Road, #2

602-442-0385

 

10

 

12/1/09

 

No

 

12/16/09

5

 

O

 

Vu Tran

Ritz Restaurant

7828 North 19th Avenue, #6 & 7

602-246-3428

 

7

 

12/1/09

 

Yes

 

12/16/09

5

 

SE

 

Samy Yacoub

St. Peter Parish (11/13/09)

2713 West Northern Avenue

602-358-1900

 

15

 

N/A

 

N/A

 

*11/13/09

6

 

N

 

Randy Nations, Agent

Stingray Sushi

2502 East Camelback Road, #156

480-813-1364

 

12

 

12/1/09

 

No

 

12/16/09

7

 

SE

 

Terry Madeksza

Downtown Phoenix Partnership, Inc. (11/17/09)

424 North Central Avenue

602-320-9100

 

15

 

N/A

 

N/A

 

*11/17/09

 

*Event Date – Application not received in time for Council review.

 

For further information regarding any of the above applications, please contact the City Clerk Department, License Services Section, at 602-534-3365.

 

RECOMMENDATION

This report is provided for information only.  No Council action is necessary.

 

 


 

CITY COUNCIL REPORT

GENERAL INFORMATION

TO:

Lisa Takata

Executive Assistant to the City Manager

PACKET DATE:

November 12, 2009

FROM:

Mario Paniagua

City Clerk

 

 

 

 

SUBJECT:

POLICE DEPARTMENT RECOMMENDATION FOR THREE LIQUOR LICENSE ITEMS ON THE NOVEMBER 18, 2009 FORMAL AGENDA

 

 

The attached memorandum supplements the Request for Council Action reports for three liquor license items on the November 18th Formal Council Agenda.  This memorandum provides the Council with additional information regarding Police Department disapproval recommendations for the following items:

 

New Items

 

·        District 2, CVS Pharmacy #7852

·        District 4, Super Carniceria Las Palmas

·        District 7, Fat Cats

 

 

 

For further information regarding these items, please contact the City Clerk Department, License Services Section at 602-262-7003.

 


 

Police Department Liquor License Disapproval Recommendation

 

Application Information

 

Business Name

CVS / PHARMACY #7852

 

District

2

Business Location

28138 N. Tatum Blvd.

 

 

 

Applicant Name

Agent: Jason Barclay Morris

 

Series Type

6

Text Box: LIQUOR LICENSE DISAPPROVAL FORM

The Police Department recommends disapproval of this liquor license application for the following reasons:

 

       This location currently holds a Series 10 liquor license that allows for the Off Sale of Beer and Wine only. The applicant represents CVS/PHARMACY #7852 which is primarily a place where one can have a doctor’s prescription filled, get flu shots, and purchase over the counter drugs, other items to ease the discomfort of various ailments and other goods. Currently this location does sell alcohol, beer & wine; however, with a Series 10 license they cannot offer wine tasting at this location.

 

       This application is for a Series 6 Bar License which allows for both on and off sale privileges and allows the sale of individual portions of alcohol to be consumed on the premises.  The license is subject to other Arizona Statutes and Regulations as well.

 

       CVS/PHARMACY has many locations in Arizona but at this time none in Phoenix have a series 6 license issued.  Mr. Morris is the licensing agent for all CVS/PHARMACY locations in Arizona.  Mr. Morris lists ninety-nine CVS/PHARMACY stores with a Series 9, Liquor Store, and 30 stores with a Series 10, Off Sale Beer & Wine liquor licenses.  There are no series 6 licenses currently issued to this company.

      

       Speaking to Mr. Morris, he assured me that this location would not be serving alcohol.  The decision to apply for this license was based on his client’s competition, “BEV MO and TRADER JOE’S”, being licensed with less expensive Series 6 liquor licenses.  The businesses Mr. Morris referred to offer wine tasting which a Series 6 license allows them to do.  The application for this Series 6 license is based on a financial issue. While Mr. Morris could not provide the purchase price for the license he stated that he is certain it is less expensive to purchase a Series 6 License than a Series 9, Liquor Store License.

      

       The issuance of a Series 6 license gives the impression that now CVS/PHARMACY will offer for sale, individual portions of alcohol for consumption on site along with pharmacy purchases. While this may not be the case, the issuance of Series 6 liquor license would not be consistent with the long established business model of a Series 9 or 10 liquor license for this business, a retail pharmacy, and this location.


 

This recommendation for disapproval is submitted by: Det. L. A. Santa Cruz #3867

SIGNATURES

Investigating Detective

 

Liquor Enforcement Detail Supervisor

 

 


 

Police Department Liquor License Disapproval Recommendation

 

Application Information

 

Business Name

Super Carniceria Las Palmas

 

District

4

Business Location

4501 N 27th Avenue

 

 

 

Applicant Name

Maria Galaviz

 

Series Type

10

Text Box: LIQUOR LICENSE DISAPPROVAL FORM

The Police Department recommends disapproval of this liquor license application for the following reasons:

 

There are possible hidden ownership concerns:

                  Maria Galaviz filed application for the series #10 liquor license, as 100% individual owner/agent, for Super Carniceria Las Palmas #10075861, located at 4501 N 27th Avenue. On the state application Ms Galaviz disclosed a total business purchase price of $ 90,000.00 and indebtedness to Erika Francisca Torres De Leon, previous owner of Tropicarnas Mercado Y Carniceria at the same location. On the city questionnaire Ms Galaviz answered question # 9, “How much was paid for the business?” with $ 90,000.00. She related she used personal savings and was in debt to Erika Torres De Leon for $ 81,000.00.

 

On May 20, 2009, City Council recommended disapproval of a series 10 liquor license (10075764), submitted by Erika Torres, owner/agent, at the same location. Council recommended disapproval based on a lack of qualification and conflicting information on her application. On September 3, 2009, the AZ state Liquor Board convened to address this application. The board unanimously voted to disapprove the application based on lack of qualification and conflicting information.

                 

On October 14, 2009, an interview was scheduled with Maria Galaviz to clarify questions regarding her application, its ownership and financing by ex-owner Erika Torres. As the interview began she stated that the information on the document was valid and that she had attested to that fact by signing her name and notarizing the application. However, shortly after questioning of Ms. Galaviz started, she became very nervous. She stated that she wasn’t feeling well and wanted to leave. She was advised that her application needed to be finished and a recommendation forwarded by October 18, 2009. Ms. Galaviz agreed to meet at a later date and stated that she would call to set up another appointment.  As of October 28th, 2009, Ms. Galaviz had not returned any phone calls made in an effort to reschedule an interview.

 

Officer Martinez #8338 and Detective Cortez #5263 went to Super Carniceria Las Palmas and met with a person named Erica, who has been employed for two months. She was asked about Erika Torres and was told she doesn’t come in until later. When directly asked if Erika worked there, Erica stated, “Yes she’ll be in later.” This information suggests that Erika Torres will have future involvement with Super Carniceria Las Palmas as she maintains a work schedule there work and is the sole creditor to Ms. Galaviz.

     

The applicant is not capable to hold a liquor license due to

             Ms Galaviz stated in the State Questionnaire that she currently owns Star Jumpers, located at her home address since 06/1998. She also lists working as a stocker at GNC, located at 1002 S. 63rd Avenue, from 06/2004 to 11/2008. Her employment at GNC was verified by a wages check in which wages were reported at

$50,197.40 from July 2006 to February 2009. No other wages were reported none of these locations serve alcohol which questions her experience and qualification to run any location which sells or serves alcohol. 

 

Additionally Ms Galaviz answered question 17 with a “yes”. The question asks, “Have you or any entity in which you have held ownership, been an officer, member, director or manager, ever had a business, professional or liquor application or license rejected, denied, revoked, suspended or fined in this state or any other state?” However she failed to provide information to clarify her answer. A records check with DLLC revealed that Ms Galaviz has not previously owned a liquor license.

 

The applicant has failed to demonstrate the Reliability, Capability and Qualification to responsibly control a liquor license in the State of Arizona.

 

        This investigation summary is submitted by: Det. Oscar Cortez # 5263

 

SIGNATURES

Investigating Detective

 

Liquor Enforcement Detail Supervisor

 

 


 

Police Department Liquor License Investigative Summary

 

Application Information

 

Business Name

FAT CATS

 

District

7

Business Location

915 West Grand Avenue

 

 

 

Applicant Name

James Seagrave

 

Series

6

Text Box: LIQUOR LICENSE DISAPPROVAL FORM

The following criminal activity has occurred at this location while under the control of the applicant:

 

The applicant, Mr. Seagrave, previously owned liquor license #06070153, located at 915 West Grand Avenue, between June of 2002 and November of 2007. During this time frame, there were a significant number of police calls for service at this location. The calls for service during the years that Mr. Seagrave was in control of license #06070153 were as follows:

 

2002- June through December: 38 calls for service

2003- 43   calls for service

2004- 25   calls for service

2005- 23   calls for service

2006- 136 calls for service

2007- 47   calls for service

 

In December of 2007, license # 06070153, was sold to Amina Uben and operated at 915 West Grand Avenue under the name of Chez Nous.  During this time, the police calls for service were significantly reduced.  From March of 2008 through October of 2009, there were only a total of 3 calls for service at this location.  Ms. Uben implemented security measures that greatly reduced the number of calls.

 

The number of Departmental reports that were authored at this location was significantly higher during the period of time that Mr. Seagraves owned and operated this location.  In 2006, there were 21 and in 2007 there were 16 Departmental reports. After Mr. Seagraves sold the establishment, the Departmental reports dropped to 1 in 2008 and 2 in 2009.  Of the 21 Department reports in 2006, 10 were for possession or sales of drugs.  The calls in 2008 and 2009 were for a theft, burglary and a possession of marijuana.

 

Due to the high number of police calls for service, the Hot Spot Liquor Task Force conducted a joint inspection of the Fat Cats Bar.  During the inspection, the Phoenix Development Services Department inspectors observed multiple building code violations that were viewed as life safety issues and the power to the establishment was cut until the proper repairs were completed.  During the same inspection, Mr. Seagraves was issued citations for PCC 7-8, No Game Center license, PCC 7-28.A, Establishment Operates Games of Chance, and PCC 7-28.C.5, Games not properly tagged.   Mr. Seagrave later pled guilty to PCC 7-8, No Game Center license and was assessed a fine of $460.

The Police Department shares the following concerns of the area's    neighborhood associations:

           

            The area’s neighborhood associations have expressed concern with the amount of criminal activity at this location during the period of time that Mr. Seagraves owned and operated the establishment, compared to the dramatic decrease in criminal activity after its sale to Ms. Uben.

 

             The Phoenix Police Department’s South Mountain Precinct shares the concerns of the areas neighborhood associations. For the above reasons the applicant has failed to demonstrate the reliability, capability and qualification required of a liquor licensee in the State of Arizona.

 

This recommendation for disapproval is submitted by: M. Ballentine #7294

SIGNATURES

Investigating Detective

 

Liquor Enforcement Detail Supervisor

 

 

 

 

 

Last Modified on 11/13/2009 09:40:23