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ITEM #: 4.
DATE: 03/28/2022

AI #:782
CITY COUNCIL ACTION REPORT
 
SUBJECT: OWNER TRANSFER SERIES 6 (BAR) LIQUOR LICENSE FOR MACAYO'S
 
STAFF PRESENTER(S): Darcie McCracken, City Clerk

OTHER PRESENTER(S):

Navayogasingam Thuraisingam, Agent/Applicant, Kind Macayo, LLC.

SUMMARY

The applicant is requesting a recommendation of approval for an Owner Transfer Series 6 (BAR) Liquor License.

Recommendation

Recommend to the Arizona Department of Liquor Licenses and Control (DLLC) approval of Application No. 182498, a request from Navayogasingam Thuraisingam, agent/applicant for Kind Macayo, LLC., for an Owner Transfer of a Series 6 (Bar) liquor license. No. 06070119, located at 1474 N Litchfield Road, Goodyear, Arizona 85338, generally located west of Litchfield Road and south of McDowell Road. (Darcie McCracken, City Clerk)

FISCAL IMPACT

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.

BACKGROUND AND PREVIOUS ACTIONS

Kind Macayo, LLC is the owner of Macayo's located at 1474 N. Litchfield Road and operate seven other locations in Arizona. Macayo’s is currently open for business and operating under a Series 6 (Bar) Liquor License No. 06070119, issued by the Arizona Department of Liquor License and Control (DLLC). Mr. Navayogasingam has applied for an Owner Transfer Series 6 (Bar) Liquor License for Macayo's. Per the applicant, the license will still be held under the same entity of Kind Macayo, LLC, with a change in the controlling party of that entity. 

The City Clerk's Office received the application from the DLLC on February 4, 2022. The applicant paid the $635 application fee for the liquor license, and a public notice was immediately posted on the property on February 7, 2022, to comply with the State-mandated comment period. 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

The Series 6 (Bar) Liquor 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 to location within the same county and allows the holder both on- & off-sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. §4-206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off-sale ("To Go") package sales of spirituous liquor can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit from the ones provided for the bar.

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. The business has stated that all restaurant managers have completed state training and are 100% certified to serve alcohol. A manager will be present on site during all business hours, and the business will actively check ID of all patrons purchasing alcohol to prevent the sale of alcohol to minors.

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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