Prescott
AZ

Council Memo
2848

Public Hearing and Consideration for a New Series 14 Club Liquor License Application from Edward Lee Kellerman, Applicant, for Phippen Museum; Location: 4701 Highway 89 North.

Information

Department:City ClerkSponsors:
Category:Liquor License

Document Comments

Recommended Action: 1) MOVE to close the Public Hearing; and 2) MOVE to approve/deny/make no recommendation for Liquor License Application No. 90431 for a new Series 14 Club liquor license, for Phippen Museum; Location: 4701 Highway 89 North.

Body

Liquor License Application

 

Edward Lee Kellerman has applied for a new Series 14 Club liquor license for Phippen Museum.

 

License                                                         Phippen Museum                                                                                                                                                          4701 Highway 89 North

Applicant                                                        Edward Lee Kellerman

City Application No.                                          20-357

State Application No.                            90431

Sixty Day Processing Deadline              February 28, 2020

 

Staff Recommendation

 

Police Department                                          In Compliance

Community Development                            In Compliance

Business & Sales Tax Licensing              In Compliance

Public Comments Received              None

 

NOTE:  State law provides that for a liquor 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

Feb 11, 2020 3:00 PM  City Council Voting Meeting
draft Draft

Applicant Edward Kellerman was present and addressed Council regarding growth at the Phippen Museum and the opportunity to have a blanket license for the many events they host throughout the year.

Mayor Mengarelli thanked Mr. Kellerman for his work at the Phippen and stated that he is excited for the events.

MAYOR PRO TEM ORR MOVED TO CLOSE THE PUBLIC HEARING; SECONDED BY COUNCILMAN SISCHKA: PASSED [7-0].

RESULT:APPROVED [UNANIMOUS]
MOVER:Billie Orr, Mayor Pro Tem
SECONDER:Steve Sischka, Councilman
AYES:Greg Mengarelli, Billie Orr, Steve Blair, Phil Goode, Cathey Rusing, Alexa Scholl, Steve Sischka