Prescott
AZ

Council Memo
1664

Public Hearing and consideration for a new liquor license application for a Series 10 Beer & Wine liquor license from Kim Kenneth Kwiatkowski, applicant, for Circle K Store Inc., DBA Circle K Store #9525 Location: 940 Willow Creek Road.

Information

Department:City ClerkSponsors:
Category:Liquor License

Attachments

  1. Printout
  2. Liquor License Series Number Definitions
  3. R19-1-702 (This file has not yet been converted to a viewable format)

Document Comments

Recommended Action: 1) MOVE to close the Public Hearing; (2) MOVE to approve/deny/make no recommendation for Liquor License Application No. 10133318 for a new Series 10 Beer & Wine liquor license, for Circle K Store Inc. DBA Circle K Store #9525; Location: 940 Willow Creek Road.

 

Body

Kim Kenneth Kwiatkowski has applied for a new Series 10 Beer & Wine liquor license for Circle K Store Inc. DBA Circle K Store #9525.

 

 

License                                                         Circle K Store Inc. DBA Circle K Store #9525

                                                                                    940 Willow Creek Road

Applicant                                                        Kim Kenneth Kwiatkowski

City Application No.                                          17-305

State Application No.                            10133318

Sixty Day Processing Deadline              October 3, 2017

 

Staff Recommendation

 

Police Department                                          In Compliance

Community Development              Building Permits have not been pulled.  Will be building a new structure.

Business & Sales Tax Licensing              In Compliance

Public Comments Received              None

 

NOTE:  State law provides that for a new license application, “In all proceedings before the governing body of a city…the applicant bears the burden of showing that the public convenience requires that the best interest of the community will be substantially served by the issuance of a license. “(A.R.S. §4-201)

 

Background

 

The application presented for consideration has complied with each of the following requirements.

 

1.              The application has been filed with the State Liquor Department and released to the City for additional processing.

 

2.              The City application fee, set by Section 4-7-3 of the Prescott City Code, has been paid.

 

3.              The application has been posted at the proposed location for the required twenty days and statements of opposition or statements of support received by the City Clerk are attached.

 

4.              The Police Department has reviewed the application according to State law, which precludes issuance of a license to any person who: (1) Within one year has violated any provision of a liquor license or had a liquor license revoked; or (b) Within five years of the date of application has been convicted of a felony involving moral turpitude.

 

5.              The Community Development Department has reviewed the application to determine whether zoning is proper.

 

6.              The Finance Department has reviewed the application to determine any delinquent tax information.

 

Public Hearing and Action Procedure

 

The City Council's recommendation of approval, disapproval or no recommendation will be forwarded to the Department of Liquor Licenses and Control ("Department") for their
consideration.

 

Recommendation of Approval

If the City Council recommendation is for approval, no hearing is required unless the Director of the Department, the State Liquor Board ("Board"), or any aggrieved party, requests a hearing on the grounds that the public convenience and the best interest of the community will not be substantially served if a license is issued. If no hearing is requested, the Director may approve the license.

 

Recommendation of Disapproval

If the City Council recommendation is for disapproval of an application, a statement of the specific reasons along with a summary of the testimony or other evidence supporting the recommendation for disapproval is required to be attached to the order of disapproval and submitted to the Director, after which a public hearing will be held.

 

No Recommendation

If the City Council makes no recommendation, the Director may cancel the hearing and issue the license unless the Board or any aggrieved party protests and requests a hearing.  If the reason for the protest is clearly removed or deemed satisfied by the Director, the Board shall cancel the hearing and the Department may issue the license.

 

Financial Impact

 

The application and license fees have been paid.

 

 

Meeting History

Sep 12, 2017 3:00 PM Video City Council Voting Meeting
draft Draft

Mr. Jason Hollister said they were opening a Circle K Store where the old Hasting building now sits and wanted to get the liquor license in place before they opened. Mayor Oberg asked when they anticipated being open. Mr. Hollister said in about a year and it will be an all service Circle K Store.

RESULT:APPROVED [UNANIMOUS]
MOVER:Billie Orr, Councilwoman
SECONDER:Steve Sischka, Councilman
AYES:Harry Oberg, Jim Lamerson, Steve Blair, Greg Lazzell, Billie Orr, Steve Sischka, Jean Wilcox