TABLE OF CONTENTS
FOR CITY COUNCIL PACKET
MAY 27, 2008
GENERAL INFORMATION
Packet Date: May 23, 2008
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CITY COUNCIL
REPORT
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GENERAL
INFORMATION
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TO:
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Lisa Takata
Executive Assistant To The City Manager
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PACKET DATE:
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May 22, 2008
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FROM:
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Mario Paniagua
City Clerk
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SUBJECT:
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LIQUOR LICENSE APPLICATIONS RECEIVED FOR THE
PERIOD OF MAY 14, 2008 THROUGH MAY 20, 2008
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This report provides advance notice of liquor license applications that
were received by the City Clerk during the period of Wednesday, May
14, 2008 through Tuesday,
May 20, 2008.
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
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O-
Ownership
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L-
Location
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N-
New
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OL-
Ownership & Location
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AOC-
Acquisition of Control
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SE-
Special Event
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Liquor License Series Definitions
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1 In State Producer
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*
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7 On sale-beer & wine
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11 Hotel/Motel-all liquor on premises
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3 Microbrewery
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8 Conveyance
license-sale of all liquor on board planes & trains
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12 Restaurant-all
liquor on premises
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4 Wholesaler
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5 Government
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9 Off
sale-all liquor
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14 Clubs-all
liquor on premises
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*
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6 On sale-all liquor
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10 Off
sale-beer & wine
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15 Special
Event
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*
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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.
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Dist
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App.
Type
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Agent/Owner Name
Business Name/Address
Phone
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Lic.
Type
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Protest
Period
Ends
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Within
2,000 Feet
of Light Rail
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Proposed
Agenda
Date
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1
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N
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Nikolay Otchkov, Agent
Big Nixx
3353 West Greenway Road
602-300-9434
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6
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6/10/08
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No
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7/2/08
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3
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N
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Ronald Parucki, Agent
Frys Marketplace #612
4707 East Shea Blvd.
623-907-1909
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7
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6/2/08
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No
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7/2/08
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6
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SE
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Kim Behrens
Phoenix Childrens Hospital Foundation
2400 East Missouri Avenue
602-546-4483
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15
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N/A
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N/A
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7/2/08
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6
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N
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Eliot Wexler, Agent
Noca Restaurant
3118 East Camelback Road
480-444-8271
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12
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6/10/08
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No
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7/2/08
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7
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N
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Kelly Vaughan,
Agent
QuikTrip #445
2775 South 51st Avenue
480-446-6328
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10
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6/5/08
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No
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7/2/08
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7
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SE
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Kirk Baxter
This Is H.O.W.
2102 North 23rd Avenue
602-577-6132
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15
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N/A
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N/A
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*5/24/08
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*Event Date
For further information regarding any of the
above applications, please contact the City Clerk Department, License Services
Section, at 602-262-6018.
RECOMMENDATION
This report is
provided for information only; no Council action is necessary.
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CITY COUNCIL REPORT
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GENERAL
INFORMATION
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TO:
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Lisa Takata
Executive Assistant to the City Manager
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PACKET DATE:
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May 22, 2008
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FROM:
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Mario Paniagua
City Clerk
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SUBJECT:
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POLICE DEPARTMENT RECOMMENDATIONS FOR FOUR
LIQUOR LICENSE ITEMS ON THE MAY 28, 2008 FORMAL AGENDA.
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The attached memorandum supplements the Request for Council Action
report for four liquor license items on the May 28, Formal Council Agenda. This memorandum provides the Council with
additional information regarding Police Department disapproval recommendations
for the following items:
New Items
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District 1, El Patron Traditional Mexican
Grill
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District 4, Camelback
Wireless Stories, Inc.
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District 4, Tango
Store
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District 5, Mexicanisimo
Restaurante
For further information regarding these items, please contact the City
Clerk Department, License Services Section at 602-262-7003.
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Application Information
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Business Name
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EL
PATRON AUTHENTIC TRADITIONAL MEXICAN GRILL
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District
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1
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Business
Location
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20224 North 27th Avenue
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Applicant Name
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Sebastian
Gomez-Gomez
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Series Type
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12
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The Police Department
recommends disapproval of this liquor license application for the following
reasons:
—
There are possible hidden ownership
concerns:
Review of the retail liquor permit
application for El Patron Authentic Traditional Mexican Grill, located at 20224 N. 27th Avenue, revealed falsification of the application
and a possible hidden ownership.
A.R.S. 4.101.9 in part defines control
over a liquor license in the following manner:
“Control is also presumed to exist if a
creditor of the applicant, licensee or controlling person holds a beneficial
interest in ten percent or more of the liabilities of the licensee or
controlling person.”
In the state application submitted by
Sebastian Gomez-Gomez, Gomez signed the application which was also notarized.
By signing the application, Gomez made the declaration that the contents and
statements contained in the application were true, correct and complete.
The applicant falsified the application
as follows. In section 13, question 5, Mr. Gomez listed zero indebtedness on
his application. However, it was discovered that Mr. Gomez paid $42,000 for the
business to José Olmos who is 100% creditor for the
indebtedness.
On May 2, 2008, at 1:25pm, I met with Mr. Gomez. During the interview
I confirmed that he disclosed the information on the application stating that
he was 100% owner of the business and controlling member of El Patron Authentic
Traditional Mexican Grill LLC.
During the interview I asked Mr. Gomez
how much it cost him to start his business. He stated that he is renting the
building for $ 7000.00 a month from a Rey Ruiz, 3326 Winintha
Drive Bonita, CA. 91902. He then disclosed that he paid $42,000.00 to start
the business. When I asked him for documentation for the expenses he incurred,
he told me he did not have any. It was then that he disclosed that he got the
money from a friend named Jose. When I asked him for Jose’s last name, he told
me he did not know it. He explained he met Jose a year ago and recently Jose
offered him an opportunity to take over this business for $42,000.00.
Mr. Gomez told me he put down $5,000.00
on the personal business loan and still owes $35,000.00 He explained Jose owned
several El Patron Mexican food restaurants and sold this one to him. He
explained Jose was a business associate. When I asked him why he didn’t include
this on the application, he became very nervous and didn’t give an answer. When
I asked him if he was going to have to pay Jose from the business he stated,
“Yes,” then later explained he was going to pay for the business loan from his
rental business, Gomez Properties LLC.
Mr. Gomez was not able to provide any
proof of the purchase of the business or the personal loan from Jose. At the
conclusion of our meeting Mr. Gomez retrieved Jose’s last name from his office
and told me it was Olmos. I remembered that paperwork
filed with the Corporation Commission for El Patron Authentic Traditional
Mexican Grill LLC, file number
L-1438417-0, listed Jose Olmos as member in the articles of organization. However,
one month after the articles were submitted, an amendment to the article of
organization was done removing Jose Olmos from the
LLC.
— The applicant is not qualified to hold a
liquor license due to:
Mr. Gomez has no experience in controlling a
business with a liquor license. Mr. Gomez stated on his state application that
he was self employed and owner of Gomez Properties LLC and before this employed
by Guy Construction Company.
— The applicant has failed to make a full
financial disclosure:
Gomez failed to provide a purchase agreement
or a loan document pertaining to the purchase of the business from Jose Olmos. He originally falsified the application by non
disclosure of his indebtedness or the 100% creditor.
— Other reasons for disapproval:
During the application process and
investigation numerous attempts were made by Ida Alonge,
administrative aide for the DEB liquor detail to request Mr. Gomez submit a
city questionnaire. To this date there has not been an application submitted.
When I questioned him about this in an interview he related he didn’t speak
English and had a hard time yet submitted the state application on his own.
Due to falsification of the application,
failure to disclose indebtedness and information regarding the 100% creditor,
and failure to submit a city questionnaire the applicant has failed to
demonstrate the reliability, capability and qualification to responsibly
control a liquor license.
This investigation summary is submitted by:
Oscar Cortez # 5263
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SIGNATURES
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Investigating
Detective
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Karen
Hughes # 6378
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Liquor
Enforcement Detail Supervisor
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Application Information
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Business Name
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CAMELBACK
WIRELESS STORIES
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District
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4
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Business
Location
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650
E. Camelback Road
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