| ITEM #: 5. DATE: 07/01/2024 AI #:2088 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | APPROVAL OF A LOCATION TRANSFER SERIES 9 (LIQUOR STORE) LIQUOR LICENSE AND SAMPLING PRIVILEGES FOR WINCO FOODS #130 |
| STAFF PRESENTER(S): | Darcie McCracken, City Clerk |
OTHER PRESENTER(S):
Ryan Witner Anderson, Agent
SUMMARY
The applicant is requesting a recommendation of approval for a Location Transfer Series 9 (Liquor Store) liquor license and sampling privileges.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
Recommend approval of Application No. 295437 to the Arizona Department of Liquor Licenses and Control (DLLC). Agent Ryan Witner Anderson has submitted this application for a Location Transfer Series 9 (Liquor Store) liquor license and sampling privileges for Winco Foods #130, which will be located at 15581 W. McDowell Rd., Goodyear, Arizona 85395. (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 contribute to the tax base of the community.
BACKGROUND AND PREVIOUS ACTIONS
A location transfer Series 9 (Liquor Store) liquor license and sampling privileges application was submitted by Mr. Anderson on behalf of Winco Foods #130. The establishment is scheduled to open in October 2024. Mr. Anderson is transferring the license from Winco Foods #114, which is located in Gilbert, AZ.
The City Clerk's office received the application from the DLLC on May 30, 2024, and the Public Hearing notice was posted June 7th, 2024 to comply with Arizona Revised Statute §4-201(B). No petitions or protests from qualified persons were received during the comment period.
The application was routed for approval to the Police Department and the Development Services Department (Code Compliance and Planning & Zoning), and the departments had no comments.
The City Clerk's office received the application from the DLLC on May 30, 2024, and the Public Hearing notice was posted June 7th, 2024 to comply with Arizona Revised Statute §4-201(B). No petitions or protests from qualified persons were received during the comment period.
The application was routed for approval to the Police Department and the Development Services Department (Code Compliance and Planning & Zoning), and the departments had no comments.
STAFF ANALYSIS
A Series 9 license is for a liquor store and is transferrable. This license is a "quota" license available only through the Arizona Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises.
Per A.R.S. § 4-206.01 (K), a liquor store licensee that holds a license with sampling privileges may provide spirituous liquor sampling subject to the following requirements:
1. Any open product shall be kept locked by the licensee when the sampling area is not
staffed.
2. The licensee is otherwise subject to all other provisions of this title. The licensee is liable for any violation of this title committed in connection with the sampling.
3. The licensed retailer shall make sales of sampled products from the licensed retail premises.
4. The licensee shall not charge any customer for the sampling of any products, except that the licensee may charge a fee for bona fide educational classes conducted in a classroom by an instructor on the licensed premises where the sampling of any spirituous liquor product is incidental to the course taught and to the course materials presented.
5. The sampling shall be conducted under the supervision of an employee of a sponsoring distiller, vintner, brewer, wholesaler or retail licensee.
6. Accurate records of sampling products dispensed shall be retained by the licensee.
7. Sampling shall be limited to three ounces of beer or cooler-type products, one ounce of wine and one ounce of distilled spirits per person, per brand, per day.
8. The sampling shall be conducted only on the licensed premises.
DLLC requires license owners, agents, and managers actively involved in the day-to-day operations of the business to complete a state-approved management training course prior to the issuance of a liquor license. The Store Managers and Assistant Store Managers have taken the Title 4 Basic & Management training.
To prevent the sale of alcohol to minors, there is a new hire Alcohol Training, along with required annual review. Store policy is to ask those who appear to be under the age of 30 to present a valid ID, and the Point of Sale System asks for date of birth on alcoholic purchases.
There are no licensed childcare facilities or K-12 schools within 300 feet of the location to comply with Arizona Revised Statutes §4-207. City Council's recommendation of "Approval", "Disapproval" or "No Recommendation" will be forwarded to the DLLC for consideration during their licensing review process.
Per A.R.S. § 4-206.01 (K), a liquor store licensee that holds a license with sampling privileges may provide spirituous liquor sampling subject to the following requirements:
1. Any open product shall be kept locked by the licensee when the sampling area is not
staffed.
2. The licensee is otherwise subject to all other provisions of this title. The licensee is liable for any violation of this title committed in connection with the sampling.
3. The licensed retailer shall make sales of sampled products from the licensed retail premises.
4. The licensee shall not charge any customer for the sampling of any products, except that the licensee may charge a fee for bona fide educational classes conducted in a classroom by an instructor on the licensed premises where the sampling of any spirituous liquor product is incidental to the course taught and to the course materials presented.
5. The sampling shall be conducted under the supervision of an employee of a sponsoring distiller, vintner, brewer, wholesaler or retail licensee.
6. Accurate records of sampling products dispensed shall be retained by the licensee.
7. Sampling shall be limited to three ounces of beer or cooler-type products, one ounce of wine and one ounce of distilled spirits per person, per brand, per day.
8. The sampling shall be conducted only on the licensed premises.
DLLC requires license owners, agents, and managers actively involved in the day-to-day operations of the business to complete a state-approved management training course prior to the issuance of a liquor license. The Store Managers and Assistant Store Managers have taken the Title 4 Basic & Management training.
To prevent the sale of alcohol to minors, there is a new hire Alcohol Training, along with required annual review. Store policy is to ask those who appear to be under the age of 30 to present a valid ID, and the Point of Sale System asks for date of birth on alcoholic purchases.
There are no licensed childcare facilities or K-12 schools within 300 feet of the location to comply with Arizona Revised Statutes §4-207. City Council's recommendation of "Approval", "Disapproval" or "No Recommendation" will be forwarded to the DLLC for consideration during their licensing review process.