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ITEM #: 5.
DATE: 11/07/2022

AI #:1180
CITY COUNCIL ACTION REPORT
 
SUBJECT: RECOMMEND APPROVAL OF A NEW SERIES 10 (BEER AND WINE STORE) LIQUOR LICENSE FOR DASHMART
 
STAFF PRESENTER(S): Darcie McCracken, City Clerk

OTHER PRESENTER(S):

Andrea Lewkowitz, Agent for Dashmart

SUMMARY

The applicant is requesting a recommendation of approval for a new Series 10 (Beer and Wine Store) liquor license.

Recommendation

Recommend approval to the Arizona Department of Liquor and Licenses and Control (DLLC) of Application No. 210600, a request by Andrea Lewkowitz, Agent for Dashmart, for a new Series 10 liquor license. Dashmart is located at 13277 W. McDowell Rd. Ste. 101, Goodyear, Arizona  85395. (Generally located Southwest of McDowell Rd. and Dysart Rd). (Darcie McCracken, City Clerk)

FISCAL IMPACT

The applicant paid the $635 application fee for the liquor license per the Goodyear Municipal User Fee Schedule. The business will also continue to contribute to the tax base of the community.

BACKGROUND AND PREVIOUS ACTIONS

Ms. Lewkowitz has applied for a new Series 10 liquor license for Dashmart, which is currently under construction with an anticipated opening late 2022 or early 2023. Dashmart has over 17 stores in the State of Arizona and also has many stores throughout the United States and overseas that operate as beer and wine stores. 

The City Clerk's Office received the application from the DLLC on October 3, 2022. A public notice was posted on the property on October 12, 2022 to comply with Arizona Revised Statutes §4-201(b). The applicant paid the $635 application fee for the liquor license. No petitions or protests from qualified persons were received during the comment period.

The application was routed to the Police Department and the Development Services Department (Planning and Zoning, Code Compliance, and Building Safety), and any comments from these departments are listed below:
 
Department/Division Comments
Police None
Planning and Zoning None
Code Compliance None
Building Safety None

STAFF ANALYSIS

A Series 10 liquor license is for a beer and wine store and in non-transferable. The off-sale retail privilege liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery.

The DLLC requires license owners, agents, and managers actively involved in the day-to-day operation of the business to complete a state approved management training course prior to the issuance of a liquor license. The Manager will complete Title IV liquor training prior to opening and all staff and delivery drivers will complete in-house liquor training by a manager who has completed the Title IV basic and management training. Lewkowitz Law Office PLC has provided the following information regarding Dashmart's liquor policies:
  • Dashmart follows all state and local identification requirements for the sale of alcoholic beverages and has a strict adherence policy for employees.
  • Dashmart has daily practices that include any customer purchasing alcohol must upload a valid license proving they are over 21 and at delivery, they must show the delivery driver that proof in person. 
  • Dashmart does not "serve" alcohol and does not have on-site consumption.
There are no licensed childcare facilities, K-12 schools or churches within 300 feet of the location.

The City Council's recommendation of "Approval" "Disapproval" or "No Recommendations" will be forwarded to the DLLC for consideration at a public hearing of the State Liquor Board (Board).


 

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