TABLE OF CONTENTS

FOR CITY COUNCIL PACKET

NOVEMBER 4, 2008

 

The November 4, 2008 Executive and Policy Sessions have been cancelled

(Election Day)

 

GENERAL INFORMATION

Ÿ	Liquor License Applications Received for the Period of October 22, 2008 through October 28, 2008
Ÿ	Police Department Recommendation for One Liquor License Items on the November 5, 2008 Formal Agenda
Ÿ	Follow-up:  October 28, 2008 Policy Session Minutes, Announcements, and Consent Agenda Results
Ÿ	2007-08 Equal Employment Opportunity Report
Ÿ	Section 8 High Performer Designation

 

 

Packet Date:  October 31, 2008

 

CITY COUNCIL REPORT
GENERAL INFORMATION
TO:	Lisa Takata Executive Assistant to the City Manager	PACKET DATE:		October 30, 2008
FROM:	Mario Paniagua City Clerk
SUBJECT:	LIQUOR LICENSE APPLICATIONS RECEIVED FOR THE PERIOD OF OCTOBER 22, 2008 THROUGH OCTOBER 28, 2008

 

This report provides advance notice of liquor license applications that were received by the City Clerk during the period of Wednesday, October 22, 2008 through Tuesday, October 28, 2008.

 

INFORMATION

The liquor license application process includes the posting of a public notice of the application at the proposed location for twenty days and the distribution of an application copy or a copy of this report to the following departments for their review: Finance, Planning, Police, Fire, Street Transportation, Development Services, and the Maricopa County Health Department.  Additionally, License Services mails a notice to all registered neighborhood organizations within a one-mile radius of each proposed business location (excluding Special Events).

 

Additional information on the items listed below is generally not available until the twenty-day posting/review period has expired.

 

LIQUOR LICENSE APPLICATIONS

 

Application Type Legend

O- Ownership

L- Location

N- New

OL- Ownership & Location

AOC- Acquisition of Control

SE- Special Event

 

Liquor License Series Definitions

	1    In State Producer	*	7    On sale-beer & wine		11  Hotel/Motel-all liquor on premises
	3    Microbrewery		8    Conveyance license-sale of all liquor on board planes & trains		12  Restaurant-all liquor on premises
	4    Wholesaler
	5    Government		9    Off sale-all liquor		14  Clubs-all liquor on premises
*	6    On sale-all liquor		10  Off sale-beer & wine		15  Special Event
*	On-sale retailer means any person operating an establishment where spirituous liquors are sold in the original container for consumption on or off the premises and in individual portions for consumption on the premises.

 

Dist		App. Type		Agent/Owner Name Business Name/Address Phone		Lic. Type		Protest Period Ends		Within 2,000 Feet of Light Rail		Proposed Agenda Date
2		SE		Melinda Poppe Ballet Arizona (11/13/08) 5515 East Deer Valley Road 602-631-2157		15		N/A		N/A		11/5/08
3		AOC		James Griffin, Agent Loft Again 15015 North Cave Creek Road 602-482-3130		6		11/14/08		No		12/10/08
7		N		Victor Flores Silva, Agent Long Wong’s 7415 West Thomas Road 623-247-5310		12		11/14/08		No		12/10/08
8		SE		Ralph Placencia Arvizu Charities, Inc. (12/13-12/14/08) 201 West Washington Street 602-279-4669		15		N/A		N/A		12/3/08

For further information regarding any of the above applications, please contact the City Clerk Department, License Services Section, at 602-534-3365.

 

RECOMMENDATION

This report is provided for information only; no Council action is necessary.

 

 

CITY COUNCIL REPORT
GENERAL INFORMATION
TO:	Lisa Takata Executive Assistant to the City Manager	PACKET DATE:		October 30, 2008
FROM:	Mario Paniagua City Clerk
SUBJECT:	POLICE DEPARTMENT RECOMMENDATION FOR ONE LIQUOR LICENSE ITEM ON THE NOVEMBER 5, 2008 FORMAL AGENDA

 

The attached memorandum supplements the Request for Council Action report for one liquor license item on the November 5th Formal Council Agenda.  This memorandum provides the Council with additional information regarding Police Department disapproval recommendation for the following item:

 

New Item

 

·       District 4, Asi Es La Vida

 

For further information regarding this item, please contact the City Clerk Department, License Services Section at 602-262-7003.

 

Police Department Liquor License Investigation Summary

 

Application Information
Business Name	ASI ES LA VIDA		District	4
Business Location	3602 North 24th Street
Applicant Name	Irving Rodriguez & Cindy Rodriguez		Series Type	12

The following information hereby serves as Phoenix Police Department Detective Wilson’s initial investigative notes regarding Asi Es La Vida, liquor license application. The Squaw Peak Precinct is recommending a “Denial” reference this application for a serious 12 Liquor License

 

The following criminal activity has occurred at this location while under the                 control of the applicant:

This location has had several violations of selling liquor without a liquor license and has been investigated by the Phoenix Police Department as well as the Department of Liquor License and Control. This location continues to sell alcohol in spite of their attempt to obtain a liquor license. The current owner Hipolito Rodriguez as well as Irving Rodriguez has been arrested and cited multiple times for ARS 4-244.1

(Phoenix Police reports: 2005-50557153, 2005-51372284, 2005-52140422, 2005-52325335)

 

The applicant is not qualified to hold a liquor license due to:

I interviewed the applicant and we went over his application which he had submitted. I asked him what his qualifications were to run this establishment which serves liquor and he advised me that he and his father, Hipolito have owned this business for many years. I asked him if he could tell me how long he has been in control of the establishment and he advised me that he has had controlling interest for the last year or so. The applicant told me that he has just finished getting all the paperwork in order and that his father went back to Mexico. After looking at all the paperwork I did notice that he handed me a bank statement from M&T Bank which still had his father’s name on it. When I asked him about the loan for the business he advised me that he is going to keep it in his father’s name. I asked the applicant, Irving Rodriguez, why he was going to do that and he advised that he could not secure a loan in his name for the listed amount of $391,670.57. I told him that it seems like his father, Hipolito Rodriguez, has ownership of the business and still will gain in the profits of the business. Irving Rodriguez informed me that his father will not get any profits from the business. I asked Irving how did he obtain the business and he told me that his father just gave him the business and the keys to the doors and went back to Mexico. I once again asked if he paid for it and he told me it was a gift for finishing school. After talking about ownership of the business, I asked Irving about his criminal history and he told me that he had been cited and arrested for selling without a license. He told me that he consciously made the decision of selling the alcohol knowing that the establishment did not have a liquor license.  This shows that the applicant is not qualified to hold a liquor license due to the fact that the establishment did not have a license and still chose to sell alcohol.

 

The Police Department shares the following concerns of the area's      neighborhood associations:

          The location has not been lawfully licensed since March 2002, and per ARS

 4-203(A) and (O) the location must show that “public convenience” and “best interest of the community” is being served by the establishment.

 

    The Loma Linda Neighborhood Association is in opposition of this liquor license.                                 In speaking with the President of the Association, he advised me that his members have expressed concerns identical to those of the Phoenix Police Department as to the detrimental effect alcohol service will have on their community. The President of the Neighborhood Association advised me that the agent on the application, Theresa Morse called him and told him that the applicant, in spite of his prior liquor violations for serving without a license, tends to run the business legally. It should be noted that the agent on the liquor license was a prior Department of Liquor License and Control Sergeant who had once protested this location for a liquor license.

 

The certificate of occupancy sets the maximum number of occupants for the restaurant at 46 persons; this total includes both employees and patrons. The liquor application indicates that 6 employees are required to fully staff the restaurant. Seating arrangements inside the restaurant shows the restaurant intends on seating 50. I did view the application which shows seating for 50 occupants. When I did a walk through the business I did notice some inconsistencies with the application diagram to what was in the business. The diagram does not show the extra table and the 5 chairs at the bar which brings it up to a total of 59 patrons and 6 staff which brings the total for the establishment to be 65 at one time. This clearly exceeds the occupancy limit per Phoenix Fire City Code.

 

Residents have raised concerns and have complained that patrons from the restaurant regularly park along the residential street, have blocked residential driveways, caused traffic disturbances and brought loud noise concerns into the neighborhood especially at closing time which though stated as 9:00 pm is normally around 11:00 pm. Additionally neighborhood association members are concerned about the increased number of impaired drivers the restaurant will bring into their neighborhood specifically onto the residential streets.        

 

This investigation summary is submitted by: Det. C. Wilson #6945

SIGNATURES
Investigating Detective	Det. Jeff Kornegay #5088
Liquor Enforcement Detail Supervisor

 

 

 

 

CITY COUNCIL REPORT
GENERAL INFORMATION
TO:	Mayor And City Council	PACKET DATE:		October 30, 2008
FROM:	Frank Fairbanks City Manager
SUBJECT:	FOLLOW-UP:  OCTOBER 28, 2008 POLICY SESSION

 

Attached are the October 28, 2008 Policy Session Minutes, Announcements, and Consent Agenda Results.

 

CITY OF PHOENIX

CITY COUNCIL POLICY SESSION

TUESDAY, OCTOBER 28, 2008 - 2:00 P.M.

CITY COUNCIL CHAMBERS

200 WEST JEFFERSON

 

 

Pursuant to A.R.S. § 38.431.02, notice is hereby given to the members of the City Council and to the general public that the City Council will hold a meeting open to the public on Tuesday, October 28, 2008, at 2:00 P.M. located in the City Council Chambers, 200 West Jefferson, Phoenix, Arizona.  Council members may participate by telephone.  As indicated in the Agenda, the City Council may vote to go into Executive Session, which will not be open to the public, for the purpose of discussing those matters listed on the Agenda.

 

 

 

1:00 P.M. -

AN EXECUTIVE SESSION WAS CALLED FOR THIS TIME AT THE POLICY MEETING OF October 14, 2008.

 

THE TIMES LISTED FOR AGENDA ITEMS ARE ESTIMATED.  ITEMS MAY BE DISCUSSED EARLIER OR IN A DIFFERENT SEQUENCE.

 

Action Taken:

Mayor Gordon called the meeting to order at 2:12 p.m., with Vice Mayor Neely and Council members Williams, Mattox, Stanton, and Baier present.  Council members Simplot, Johnson, and Nowakowski were not present.    

 

ESTIMATED 1.   2:00 P.M.-

COUNCIL INFORMATION AND FOLLOW-UP REQUESTS.

 

This item is scheduled to give City Council members an opportunity to publicly request information or follow-up on issues of interest to the community.  If the information is available, staff will immediately provide it to the City Council member.  No decisions will be made or action taken.

 

Action Taken:

There were no information requests.

 

CONSENT AGENDA.

 

This item is scheduled to allow the City Council to act on the Mayor’s recommendations on the Consent Agenda.  The Consent Agenda has been publicly posted.

Action Taken:

Councilwoman Baier requested the removal of Item Three from the Consent Agenda, to be continued to the Formal Agenda for Wednesday, November 12, 2008.

 

Vice Mayor Neely moved approval of the Consent Agenda, noting the continuance of Item Three until Wednesday, November 12, 2008.  Councilwoman Baier seconded the motion, which passed unanimously. 

 

CALL FOR AN EXECUTIVE SESSION.

 

A vote to call an Executive Session may be held.

 

Action Taken:

Vice Mayor Neely moved the Phoenix City Council, pursuant to Arizona Revised Statutes, Section 38-431.02.A, meet in Executive Session on Tuesday,

November 18, 2008 and Tuesday, November 25, 2008 at 1:00 p.m. in the East Conference Room, 12th Floor of the Phoenix City Hall, 200 West Washington Street, Phoenix, Arizona.  Councilwoman Williams seconded the motion, which passed unanimously.

 

AGENDA ITEMS.