| ITEM #: 4. DATE: 12/13/2021 AI #:595 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | RECOMMEND APPROVAL OF ACQUISITION OF CONTROL FOR SERIES 7 (BEER AND WINE BAR) LIQUOR LICENSE FOR RUDY'S COUNTRY STORE & BAR B QUE |
| STAFF PRESENTER(S): | Darcie McCracken, City Clerk |
OTHER PRESENTER(S):
Amy S. Nations (Agent)
SUMMARY
Due to a change in its ownership structure, Rudy's Country Store & Bar B Que is required to apply for an acquisition of control with the Arizona Department of Liquor Licenses and Control (DLLC). The City Council has the option to recommend approval, recommend denial or make no recommendation regarding the acquisition of control.
Recommendation
Recommend approval to the Arizona Department of Liquor Licenses and Control of Application No. 167686, a request from Amy S. Nations, agent/applicant for Rudy's Country Store & Bar B Que, for Multi-Agent Change Acquisition of Control of a Series 7 (Beer and Wine Bar) Liquor License. No. 07070105, located at 845 N. Litchfield Road, Goodyear, Arizona 85338 (generally located near the Northeast corner of N. Litchfield Road and W. Test Drive, just south of the I-10 Interchange). (Darcie McCracken, City Clerk)
FISCAL IMPACT
Per the Goodyear Municipal User Fee Schedule, a liquor license fee is only charged for new liquor licenses. Acquisitions of Control involve current liquor licenses; therefore, no fee is charged. The business will continue to contribute to the tax base of the community.
BACKGROUND AND PREVIOUS ACTIONS
City Council voted to recommend approval of a Series 7 (Beer and Wine Bar) liquor license at its regular meeting on April 28, 2014, and with the approval the DLLC issued License No. 07070105 to Rudy's Country Store & Bar B Que. The restaurant is currently open for business to the public.
The City Clerk's Office received the application for an acquisition of control from the DLLC on November 4, 2021. Rudy's Country Store & Bar B Que, the licensee, and its umbrella entity, have removed Creed Ford II as a member and 18% stockholder. Lynn Ford previously held 52% of the stock. Her new stock percentage will be 23%, and she will remain President. The following have been added, Ford Non-Exempt Martial Trust 28.95%, Ford Bypass Trust 6.05%, HLFR 2020 Trust 6% and CLF4 2020 Trust 6%.
The City Clerk's Office received the application for an acquisition of control from the DLLC on November 4, 2021. Rudy's Country Store & Bar B Que, the licensee, and its umbrella entity, have removed Creed Ford II as a member and 18% stockholder. Lynn Ford previously held 52% of the stock. Her new stock percentage will be 23%, and she will remain President. The following have been added, Ford Non-Exempt Martial Trust 28.95%, Ford Bypass Trust 6.05%, HLFR 2020 Trust 6% and CLF4 2020 Trust 6%.
STAFF ANALYSIS
Per Arizona Revised Statues § 4-203(F), the local governing body of the city, town or county may protest the acquisition of control within sixty days based on the capability, reliability and qualification of the person acquiring control.
The application has been routed to the Police Department and the Development Services Department (Planning and Zoning, Code Compliance and Building Safety). Any comments that have been received are noted below:
Only new liquor licenses require a public hearing by the local governing body. A public hearing is not required for an acquisition of control as the action is in regard to an existing liquor license. The City Council's recommendation of "Approval", "Disapproval" or "No Recommendation" will be forwarded to the DLLC for final action.
The application has been routed to the Police Department and the Development Services Department (Planning and Zoning, Code Compliance and Building Safety). Any comments that have been received are noted below:
| Department | Comments |
|---|---|
| Police | None |
| Planning and Zoning | None |
| Code Compliance | None |
| Building Safety | None |
Only new liquor licenses require a public hearing by the local governing body. A public hearing is not required for an acquisition of control as the action is in regard to an existing liquor license. The City Council's recommendation of "Approval", "Disapproval" or "No Recommendation" will be forwarded to the DLLC for final action.