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ITEM #: 4.
DATE: 11/07/2022

AI #:1143
CITY COUNCIL ACTION REPORT
 
SUBJECT: RECOMMEND APPROVAL OF A NEW SERIES 10 (BEER AND WINE STORE) LIQUOR LICENSE FOR HAPPY CATS SMOKE & VAPE
 
STAFF PRESENTER(S): Darcie McCracken, City Clerk

OTHER PRESENTER(S):

Jared Thomas Vogt, Owner, Happy Cats Smoke & Vape

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 Licenses and Control (DLLC) of Application No. 209836, a request by Jared Thomas Vogt, owner of Happy Cats Smoke & Vape, for a new Series 10 liquor license. Happy Cats Smoke & Vape is located at 13375 W. McDowell Rd. #109, Goodyear, Arizona 85395, (Generally located South of W. McDowell Rd. and West of N. 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 continue to contribute to the tax base of the community.

BACKGROUND AND PREVIOUS ACTIONS

Mr. Vogt has applied for a new Series 10 liquor license for Happy Cats Smoke & Vape, which is currently open for business for smoke & vape customers. Happy Cats Smoke & Vape currently operate approximately two stores in the City of Goodyear.This Happy Cats Smoke & Vape will now include beer and wine sales.

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 is non-transferrable. This 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 owner Jared Vogt completed the state training. Mr. Vogt has provided the following information regarding Happy Cats Smoke & Vape's liquor policies:
  • Happy Cats Smoke & Vape follows all state and local identification requirements for the sale of alcoholic beverages and has a strict adherence policy for employees.
  • Happy Cats Smoke & Vape has a daily practice of carding everyone for tobacco and nicotine products and will continue that with beer and wine products.
  • Happy Cats Smoke & Vape 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 Recommendation" will be forwarded to the DLLC for consideration at a public hearing of the State Liquor Board (Board).

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