city council - City of Scottsdale

city council - City of Scottsdale

Item 1 CITY COUNCIL REPORT Meeting Date: General Plan Element: General Plan Goal: October 21, 2014 Land Use Support a diversity of businesses...

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Item 1

CITY COUNCIL

REPORT

Meeting Date: General Plan Element: General Plan Goal:

October 21, 2014 Land Use

Support

a diversity

of

businesses.

ACTION Tasting Room Liquor License Request for Aridus Wine Company 90-LL-2014. To consider forwarding a recommendation of approval to the Arizona Department of Liquor Licenses and Control for a Series 19 (tasting room) State liquor license for a new location and new owner.

OWNER Aridus Wine Company LLC

APPLICANT CONTACT Scott Jeffrey Dahmer

LOCATION 7173 E Main St

BACKGROUND This request is for a Series 19 (tasting room) liquor license.

APPLICANT'S PROPOSAL The applicant is seeking a favorable recommendation on a Series 19 (tasting room) liquor license. The state allows t w o off site tasting rooms for a Series 13 (Domestic Farm Winery) which will operate as a Series 19 (Tasting Room). The primary purpose is for retail sales and tasting of the wine produced at Aridus Winery located at 1126 N Haskel Ave, Wilcox, Az. The applicant has indicated that this establishment will serve liquor between the hours of 11:00 a.m. t o 7:00 p.m. Monday through Sunday; however, due to State liquor license processing requirements, they are not required to notify the City or the State if they change their hours of operation.

Action Taken _

City Council Report | 90-LL-2014

PETITIONS FROM PERSONS IN CLOSE PROXIMITY The applicant has maintained the required posting notice for the State mandated 20-day period. No petitions or protests pursuant to A.R.S. 4-201.b. were received during the 20 (twenty) day posting period.

OTHER LICENSES & PERMITS Financial Management Revenue Collection has reported that the applicant has met City licensing requirements and all fees have been paid. Spirituous Liquor Tax Permit # Pending. Scottsdale Transaction Privilege Sales Tax License # Pending.

IMPACT ANALYSIS Current Planning Department Development Information. This establishment is 2,225 sq. ft. in size. Zoning. This site is zoned Central Business District Downtown Overlay (C-2 DO). The C-2 DO district allows retail sales as a permitted use. Staff has assessed the application and finds that the establishment is designed and intended to operate primarily as a retail use, with on-site consumption (wine only) as an accessory activity. Parking. There are no additional parking requirements as this is a retail use. Parking is in compliance with the zoning ordinance. Public Safety Division Police Department; Recommendation No Opposition Major life safety issues: None noted. Code Enforcement: There are no current cases of code violations at this time in relation to the liquor license.

STATE GUIDELINES FOR CONSIDERING AN APPLICATION A.R.S. 4-205.04 (F) Granting a License for a Tasting Room Allows farm wineries to operate up to two remote tasting as retail premises if: wine is produced or manufactured by the winery or other farm wineries and may sell to customers physically present but no more that 20% of the total sales by volume for wine not produced or manufactured by the farm winery. This is a retail location, no in-bond wine.

Page 2 of 4

City Council Report j 90-LL-2014

COUNCIL OPTIONS & STAFF RECOMMENDATION Council Options The City Council has the option of recommending approval, denial or no recommendation to the Arizona Department of Liquor Licenses and Control. Staff Recommendation The City of Scottsdale staff has conducted a review and advises that the license request meets the criteria imposed for determining that the community's best interest is substantially served by the issuance of the liquor license and advises that the license request meets the criteria imposed for determining the capability, qualifications and reliability of the applicant. Next Steps The City Council's recommendation of approval, denial or no recommendation will be forwarded to the Department of Liquor Licenses and Control for their consideration. If the application is approved by the Department of Liquor Licenses and Control, the applicant should receive their license from the State within 105 days of original application.

RESPONSIBLE DEPARTMENT(S) Teri Gleason, Planning Assistant, tgleason(5)scottsdaleaz.gov Planning and Development Services James Wasson, Lieutenant, Special Assignment, jwasson(5)scottsdaleaz.gov Public Safety Division Raun Keagy, Neighborhood Planning Director, rkeagy(5)scottsdaleaz.gov Planning and Development Services

APPROVED BY

Tim Curtis, Al(:^/trurrent Planning Director

Datte'

'

480-312-4210, tcurtis(S)scottsdaleaz.gov

irectjfr lopment Services

^4^

Dat

480-312-2564, rgrant(S)scottsdaleaz.gov

Page 3 of 4

City Council Report | 90-LL-2014

ATTACHMENTS #1 #2 #3 #4

Aerial Map Close-up Aerial Map City of Scottsdale Applicant Questionnaire State Application

Page 4 of 4

Q.S. 16-44

G.I.S. ORTHOPHOTO 2013

90-LL-2014 ATTACHMENT #1

Aridus Wine Company

90-LL-2014 ATTACHMENT #2

Aridus Wine Company

Liquor L i c e n s e Questionnaire Packaged Retail, Wholesale, Manufacturing (Series 1,2,4, 9,10)

Please complete all questions and return within 3 business days. Name of Business: Aridus Wine Company Business Address: ^^^^ ^- '^^'^ Street Scottsdale, AZ 85251 Type of Business (packaged retail, wholesale, manufacturing) packaged retail- remote tasting room Total Gross Square Footage of Establishment: ^,225 sf Was liquor sold at this location prior to this application? • If yes, what type of license?

Yes

[7] No

Is this business currently open?



If yes, is this business operating with an interim license? If no, what is the proposed opening date?

Q Yes

Is this business under construction?



Yes

Yes

(T] No Q

No

\7\ No

Is this being remodeled?

0 Yes



Does this business have a drive thru window?

Q Yes

0 No

No

Applicant Narrative: ARS 4-201-G: In all proceedings before the governing body of a city or town, the Board of Supervisors of a County or the Board, the applicant bears the burden of showing that the public convenience requires and that the best interest of the community will be substantially served by the issuance of this license. 1. I have the capability, qualifications and reliability to hold a liquor license because: I have an existing type 13 farm winery license.

2. The public convenience requires and the best interest of the community will be substantially served by the issuance of the liquor license because: Consumers will be allowed to taste and purchase wines produced in W/illcox that otherwise Scottsdale residents would not be able to experience. 3. Please describe your business: Remote tasting room, retail sales of our own wine products. Proposed test kitctien for special events only.

Planning and Development 7447 E. Indian School Road, Suite 105, Scottsdale, AZ 85251 • Phone: 480-312-7000 • Fax: 480-312-7088 U questionnaire

P a g e 1 Of 2

Po.wc,vv,n=i=i-i..i..i->

ATTACHMENT #3

Liquor L i c e n s e Questionnaire Packaged Retail, Wholesale, Manufacturing (Series 1, 2, 4, 9,10)

Please complete all questions and return within 3; bus|hess days.

The City's forwarding of a recommendation to the AZ Department of Liquor Licenses and Control does not waive and Is not a substitute for the Licensee's obligation to comply with ail state, local and federal laws, policies and regulations applicable to the license. The Recommendation is not a permit or regulatory approval to hold any events or construct or demolish any improvements. Zoning processes, building permit processes, and similar regulatory requirements may apply to Licensee's contemplated Improvements and are completely separate from the Recommendation. Licensee shall be responsible to, separate and apart from this Recommendation, directly obtain all necessary permits and approvals from any and all governmental or other entities including the City's having standing or jurisdiction over the subject areas. For more information regarding zoning processes, building permit processes, and similar regulatory requirements and approvals please call 480-312-2611.

Print Name:

Scott Dahmer su,....,. iDmj

hlJ^ o^^^.or>hl"i

Planning and Development 7447 E. Indian School Road, Suite 105, Scottsdale, AZ 85251 • Phone; 480-312-7000 • Fax; 480-312-7088 LL questionnaire

Page

2 of 2

Revision Date:

1-Jul-14

DLLC Use Only

A r i z o n a D e p a r t m e n t o f Liquor 800 W Washington, 5 * Floor Phoenix AZ 85007-2934 www.azliquor.aov (602) 542-5141

Date of DLLC approval:

/

/

Remote Tasting Room License*:

APPLICATION FOR REMOTE TASTING R O O M Farm Winery: A.R.S. §4-205.04(F) • Croft Distiller/: A.R.S. §4-205.10(D) SITE INSPECTION FEE: $50.00 • FINGERPRINT FEE: prices vary, c a r d must b e FBI-approved APPLICATION FEE $100 • ISSUANCE FEE: f u l l y e a r = $200/half year = $150 A service fee of $25 will b e c h a r g e d for all dishonored checks (A.R.S. §44-6852) SECTION 1 Ownership: 1. O w n e r / A g e n t ' s N a m e :

Scott

Jeffcey

Dahmer Rrst

(must concurrently own a series 13, 18, 2W or 2D)

Last

Middle

2. Corporation, partnership, L.L.C.: Aridus Wine Company LLC [Exactly as it appears on Articles ot Inc./Articles of Org.)

3. Business N a m e : Aridus Wine Company (Exactly as it appears on the exterior of premises)

7173 E. main Street Scottsdale "Street City—

^' Business Address: (Do not use PC Box)

wnicox

5. Mailina Address: ^^^^ N. Haskell Ave. (All correspondence will be mailed to this address) S t r e e t

6.a. Business Phone: (520

AZ "STaTe~

)954-6640

City

85251 Zip

Maricopa County

85643

AZ State

Zip

6.b. Daytime Phone: ( 520 ) 954-6640

7.a. Arizona Liquor Lie #: 13023028

7.b. Email Address:

[email protected]

(must be a series 13, 18, 2W or 2D license)

SECTION 2 All questions must b e answered: Q Yes • No

1.1 verify that t h e a t t a c h e d diagram of the remote tasting room includes all exits, entrances, square footage, liquor storage and sen/ice areas, [farm winery: A.R.S. §4-205.04iFj. craft dsfillery AR.S. §4-205. W(D)]

K] Yes • No 2.1 verify t h a t the location of the remote tasting room is within t h e i n c o r p o r a t e d limits of the c i t y / t o w n n a m e d in Section 1, question # 4. IS Yes • No 3.1 verify that the location school

building,

of this remote tasting room is not within 300 feet of a church or

[A.R.S. §4-207]

- continued June 26, 2014 1 of 4 Disabled individuals requiring special accommodations please call (602)542-9051

A T T A C H M E N T #4

SECTION 2 (Continued) All questions must be answered: 13 Yes • No 4.1 understand that the owner or agent for this remote tasting room must be a bona fide resident of Arizona and that the following documents must be completed and attached to this application: Kl Yes • No - owner/agent's valid Title 4 (Arizona liquor law) training Certificate of Completion, H Yes • No - owner/agent's completed questionnaire H Yes • No - owner/agent's fingerprint card and fee \A.R.S. §4-2021AI] • Yes S No 5.1 have assigned a manager to oversee the day-to-day operations at the location identified in Section 1 above. The following documents are attached to this application: • Yes • No - manager's valid Title 4 (Arizona liquor law) training Certificate of Completion, • Yes • No - manager's completed questionnaire • Yes • No - manager's fingerprint card and fee [A.R.S. §4-202(C}] Q Yes • No 6.1 have read and am familiar with Arizona liquor laws and my responsibilities as they relate to operating a remote tasting room, [farm winery: A.R.S. §4-205.04, craft disfi//efyA.R.s. §4-205. joj Kl Yes • No 7.1 verify that this remote tasting room will not be used for storage of in-bond product. This premise is for retail sales only. Ei Yes • No 8.1 understand that the renewal application and fees for this license will be due at the same time as the license identified in Section 1, question # 7.a.. H Yes • No 9.1 understand annual reporting to the Arizona Department of Liquor is required for the total sales from liquor produced at a location other than the license identified in Section 1, question

# 7.a..

[farm winery: A.R.S. §4-205.041C)(5I. craftdisfiller/A.R.S.

§4-205.WID)llj]

SECTION 3 For out-of-state applicants only: l.a. Federal ATF Permit #:

l.b. State License #: (series 2D or 2W license series only)

IMPORTANT NOTE TO APPLICANT: After you have completed this application, submit it first to the Board of Supervisors, City Council or Designate of the city, town or municipality named in Section 1, question #4. Include and all required documents when submitting your application. The local government's recommendation is binding on the Department of Liquor. [farm winery: A.R.S. §4-205.04(Fj(2)lBj, craft distillery AR.S. §4-205.}0(Dj(2jlb)]

June 26, 2014 2 of 4 Disabled individuals requiring special accommodations please call (602)542-9051

SECTION 4 Diagram of Premises: In this diagram, please show only the area where liquor will be sold, served, consumed, dispensed, possessed and/or stored. It must show all entrances, exits, interior walls, bar areas and bar stools, hi-tops, dining tables and chairs, kitchen, dance floor, stage, game rooms, restrooms, etc. Do no include parking lots, living quarters. When completing the diagram. North is T. If a legible copy of a rendering or drawing of your premises is attached to this application, please write the words "diagram attached" in the box provided below.

See attached diagram for more detail

nvM ivood ArKxn cNwo

"rrootiisau

3

C

June 26, 2014 3 of 4 Disabled individuals requiring special accommodations please call (602)542-9051

lENANT

-| .J

1 I

1 J

1 L

RETAIL WINE MERCH

R E T A I L WINE M E R C H

^

^

RETAIL WINE M E R C H

f

I

1

j I

T A S T I N G BAR

15

| I

WINE DISPLAY • EMONTRATION KITCHEN WINE

DISPLAY

,

,

WINE

DISPLAY

AOMCBir TEKWr

NOTES: 1 . SPACE ;
COMDITIONS

2. PLAN I N D I C A T E D FOR I L L U S T R A T I O N PURPOSES 3. TOTAL AREA 2 2 0 0 SQ FT

ONLY

i/-

WINE TASTING BAR- S C O T T S D A L E , SCHEMATIC SPACE ID & DESIGN INTERNATIONAL

AUGUST

18,

AZ

PLAN

2014

ARIDUS WINE

C O M ' A . I T

SECTION_5 Signature, attestation, a n d notary: I

Scott Dahmer

., declare that I a m the APPLICANT filing this application, I have

(printed full name)

r e a d this application, the contents, a n d attest that all statements are true, correct a n d complete. I a c k n o w l e d g e that a license status, other than " a c t i v e " on the series 13, 18, 2W or 2D license identified in Section 1, question # 7.a. will result in the immediate su/pension of-the remote tasting room license.

(signature of applicant)

NOTARY The foregoing

instrument was acknowledged

before me this ^

.

State of

/^/^=^^^County

^ day of

/^i/^iZ^^I

day

of

month

Z^^Y. year

^ o c z / / ^ ^

state

county

My commission expires on

For Local Government Use Only For this remote tasting roonn application, the local government where the business will operate recommends: • APPROVAL



DISAPPROVAL



NO RECOMMENDATION

Date: printed name Authorized Signature

Title

Direct daytime phone #:

Agency

Direct email address:

[farm winer/: A.R.S. §4-205.04IFjl2)(B). craff distillery AR.S. §4-205. W(Dj(2jlbj]

For Department of Liquor Use Only Date payment received: •

CSR Nome:

Application Fee • Site Inspection Fee • Fingerprint Fee • Issuance Fee

Investigating Officer:

Date of Inspection:

Investigation • Approval • Disapproval Director's signature, d i s a p p r o v a l only

Pending a p p l i c a t i o n review by:, •

Date:

Issue license • Do not issue license • Forward to Board for hearing

Jur e 26, 2014 4nf 4

Dbabled individuals requiring special accommodations please call (602)542-9051