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			12 Restaurant-all liquor on premises
	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
1	OL	Theresa Morse, Agent Presidential Lounge 10030 North Metro Pkwy, East 480-353-8035	7	10/17/08	No	11/5/08
5	OL	Nicholas Guttilla, Agent Glendale Spring Training Facility 10710 West Camelback Road 623-937-2795	6	10/15/08	No	11/5/08
6	SE	Dixie Prosser Festival of Lights Association (11/29/08) 1010 East Marketplace Way 480-706-0125	15	N/A	N/A	11/5/08
6	SE	Lauren Fetherston Ahwatukee Foothills Family YMCA (11/7/08) 1030 East Liberty Lane 602-212-6079	15	N/A	N/A	10/29/08
7	SE	Christina Esparza St. Catherines of Siena School (11/8/08) 6413 South Central Avenue 602-478-4746	15	N/A	N/A	10/29/08
8	SE	Donna Price Make-A-Wish Foundation of Arizona, Inc. (11/2/08) 441 West Madison Street 623-204-4529	15	N/A	N/A	10/15/08
8	SE	Marc Gaston Grand Canyon Men’s Chorale (10/25/08) 429 West Jackson Street 602-228-5587	15	N/A	N/A	10/15/08
8	SE	Brian Peterson Orpheus Male Chorus of Phoenix (10/25/08) 3546 East Thomas Road 602-410-5255	15	N/A	N/A	10/15/08

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 2, 2008
FROM:	Mario Paniagua City Clerk
SUBJECT:	POLICE DEPARTMENT RECOMMENDATIONS FOR TWO LIQUOR LICENSE ITEMS ON THE OCTOBER 8, 2008 FORMAL AGENDA

The attached memorandum supplements the Request for Council Action reports for two liquor license items on the October 8th Formal Council Agenda. This memorandum provides the Council with additional information regarding Police Department disapproval recommendations for the following items:

New Items

· District 3, North 51 Grill

· District 7, R & J Quick Stop

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

Police Department Liquor License Disapproval Recommendation

Application Information

Business Name	NORTH 51 GRILL	District	3
Business Location	3375 East Shea Boulevard
Applicant Name	Mark Anthony Whyte	Series Type	12

Text Box: LIQUOR LICENSE DISAPPROVAL FORM

The Police Department recommends disapproval of this liquor license application for the following reasons:

The application was falsified in the following manner:

Question 15 on the State application asks, “Have you ever been detained, cited, arrested...” Mr. Whyte falsified his application by failing to list any of his D.U.I. arrests. Although the omission was brought to the applicant’s attention and he was given opportunity to amend his application, he failed to make the necessary corrections.

The applicant, Mark Whyte, listed on his application that he is single rather than divorced. However, he was divorced in 2007.

The applicant has failed to make a full financial disclosure:

Mr. Whyte shows an indebtedness of $345,000.00 and shows that the current owners hold 100% of this debt. The total purchase price for the business is listed as $355,000. Mr. Whyte’s initial investment is, therefore, $10,000. This amount is a small percentage of the price of the business and establishes continuing control by the former owner. The lack of a significant investment by Mr. Whyte may provide explanation for his casual attitude towards his new business.

Additional reasons for disapproval include:

On 09/03/08 and 09/04/2008 Detective Santa Cruz attempted phone contacts with Mr. Whyte and left messages for him; however, the applicant failed to return the calls. On 09/05/08 Detective Santa Cruz went to the business location in an effort to speak with Mr. Whyte in person. Mr. Whyte was not at the business and no one there could reach him by telephone. Contact was made with Mr. Youtsey Jr., the former owner of the business from whom Mr. Whyte has purchased it. Youtsey stated that he also has recently had trouble contacting Mr. Whyte. Mr. Youtsey said he would have Mr. Whyte call Detective Santa Cruz as soon as possible.

Finally on 09/05/2008 Detective Santa Cruz received a telephone call from Mr. Whyte who advised that he knew he was late in completing paper work relating to the application and will attend to it first thing on Monday, 09/08/08. Whyte has since submitted the questionnaire but only after much delay on his part and prompting from the detective.

Whyte’s limited liability company has a current status of being “not in good standing” with the Corporation Commission.

Mr. Whytes’ falsification of his documents represented by failing to disclose a history of DUI’s along with his lack of timely response to issues relating to his application brings into question his reliability, capability and qualification to responsibly control a liquor license.

This investigation summary is submitted by: DETECTIVE LARRY SANTA CRUZ

SIGNATURES
Investigating Detective
Liquor Enforcement Detail Supervisor

Police Department Liquor License Disapproval Recommendation

Application Information

Business Name	R & J QUICK STOP	District	7
Business Location	2833 West Lincoln Street

Official Web Site of the City of Phoenix

1 In State Producer

7 On sale-beer & wine

11 Hotel/Motel-all liquor on premises

3 Microbrewery

4 Wholesaler

5 Government

6 On sale-all liquor