Ryan Witner Anderson, Applicant/Agent, Arizona Fine Wine and Spirits LLC

The applicant is requesting a recommendation of approval for a Location/Owner Transfer of a Series 09 (Liquor Store) liquor license and sampling privileges.

Recommend to the Arizona Department of Liquor Licenses and Control (DLLC) approval of Application No. 153511, a request from Ryan Witner Anderson, applicant/agent for Arizona Fine Wine and Spirits LLC doing business as Total Wine & More, for a Location/Owner Transfer of a Series 09 liquor license and sampling privileges, No. 09070522, located at 1416 N Litchfield Rd., Goodyear, Arizona (Generally located in the plaza southwest of Litchfield Road and McDowell Road). (Darcie McCracken, City Clerk)

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

Mr. Anderson has purchased an available Series 09 liquor license, No. 09070522, which formerly belonged to Sam's Club #4927 located at 1375 S. Arizona Avenue, Chandler, Arizona. Mr. Anderson is applying for sampling privileges and a Location/Owner Transfer to have the Series 09 liquor license, No. 09070522, added to the Series 09 liquor license already in place at Total Wine & More #1008. Total Wine & More #1008 is currently open for business and operating under Series 09 liquor license No. 09070757, issued by the DLLC on October 11, 1985. Per A.R.S. § 4-203(G), the DLLC allows two liquor licenses of the same series at one location as long as they are under common ownership, and per the applicant it is common practice.

The City Clerk's Office received the application from the DLLC on July 26, 2021. A Public Hearing Notice was posted on the property on August 9, 2021, to comply with the State mandated 20-day comment period. No petitions or protests from qualified persons were received during the comment period. A.R.S. § 4-20l(B) defines a qualified person as "any natural person who is a bona fide resident residing or owning or leasing property within a one-mile radius from the premises proposed to be licensed".

The application has been routed to the Police Department and the Development Services Department (Planning and Zoning, Code Compliance, and Building Safety), and any comments from these are listed below:

Department/Division	Comments
Police	None
Planning and Zoning	None
Code Compliance	None
Building Safety	None

Per the DLLC policy, "The liquor store (series 09) license is a 'quota' license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or 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.

The 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. Mr. Anderson has provided the following information regarding Total Wine & More's liquor policies:

• There is always at least one manager of record for Total Wine & More #1008 who is current in his or her basic and management liquor training requirements. 
• Staff members also undergo liquor training.
• Responsible and successful management and operation of the store and practices will continue and will not change as a result of this application

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 during their licensing review process.