Item 10 CITY COUNCIL REPORT Meeting Date: August 19, 2013 General Plan Element: Land Use General Plan Goal: Support a diversity of businesses, ACTION Grill Liquor License Request for Clancy's Pub Pizza and Grill 53-LL-2013. To consider forwarding a recommendation to the Arizona Department of Liquor Licenses and Control for a Continuation of a Restaurant License (Series 12) State liquor license for an existing location and existing owner. OWNER Clancy's Pub APPLICANT CONTACT Randy D. Nations LOCATION 4432 N Miller Rd #107 BACKGROUND This request is for a Continuation of a Restaurant License (Series 12) liquor license. This has been a licensed location since 1991, operating with liquor as Clancy's Pub Pizza and Grill since 2009. The zoning for this site is Planned Neighborhood Center (PNC), which allows restaurants. This establishment is 2,610 sq. ft. including an existing 1,104 sq. ft. patio. APPLICANT'S PROPOSAL The applicant is seeicing a favorable recommendation on a Continuation of a Restaurant License Series 12. This allows the holder of a restaurant license to continue to operate with its restaurant license if its food sales are at least 30% and less than 40%, The applicant has indicated that this establishment will serve liquor between the hours of 11:00 a.m. to 2:00 a.m.; however, due to State Action Tflkon City Council Report | 53-LL-2013 liquor license processing requirements, they are not required to notify the City or the State if they change their hours of operation. 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 There will not be any significant changes to the floor plan. A.R.S. Section 4-112.B.1 R19-1-310 Criteria for Restaurant Operations. This owner intends to continue operating this location as a restaurant. Staff has assessed the applicant's responses to the State's Restaurant Operation Plan categories: Personnel, Equipment, IVlenu, Live Entertainment, Bar Games/Televisions, Name of Establishment, Bar Seating Area and Dinnerware. Staff finds that the establishment is designed and intended to operate as a restaurant. The bar service area is 140 sq. ft. (5%) of gross floor area, and the kitchen area is 450 sq. ft. (30%) of the gross floor area. The operational characteristics and floor plan qualify as a restaurant. 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 relevant to the liquor license. STATE GUIDELINES FOR CONSIDERING AN APPLICATION A.R.S. Section 4-205.02 Granting a Continuation of a Restaurant License The Department may approve a request submitted by the licensee to continue to operate with its restaurant license only if all of the following apply at the time the license files its request with the Department: 1. The restaurant has a sufficient number of cooks, food preparation personnel and wait staff Page 2 of 4 City Council Report | 53-LL-2013 to prepare and provide the restaurant services that are necessary for the menu offered by the licensee. 2. The restaurant's equipment is of a sufficient grade and the size of the restaurant's kitchen is appropriate to the menu offered and the kitchen occupies not less than twenty percent of the total floor space of the licensed premises. 3. The menu Is of a type consistent with a restaurant operation. In making a determination pursuant to this paragraph, the Department may consider the proportion of food sales to alcohol sale, the price of spirituous liquor beverages and food served by the licensee and whether the licensee provides reduced price of complimentary food and beverages. 4. Not more than thirty percent of the public interior area floor space consists of pool tables, dart or arcade games, barstools, cocktail tables and similar types of seating and dance floors, and the aggregate area of all dance floors on the premises is not greater than ten percent of the total floor space of the public area of the premises. 5. The name of the restaurant does not include terms associated with alcohol consumption, such as "Bar", 'Tavern", "Pub", "Spirits", "Club", "Lounge", "Cabaret", "Cantina", or "Saloon". Disposable dinnerware and smallware, including dining utensils, are not used except in outdoor areas. 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 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@scottsdaleaz,gov Planning, Neighborhood and Transportation Division James Wasson, Lieutenant, Special Assignment, [email protected] Public Safety Division Raun Keagy, Planning, Neighborhood and Transportation Director, [email protected] Planning, Neighborhood and Transportation Division Page 3 of 4 City Council Report | 53-LL-2013 APPROVED BY Tim Curtis, AlCP, Current Planning Director 312-4210 [email protected] Randy Grant, PNT Administrator 312-2664, [email protected] ATTACHMENTS #1 Aerial Map #2 Close-up Aerial Map #3 State Application Page 4 of 4 5- ^-^ .v^i III 53-LL-2013 Clancy's Pub ATTACHMENT #1 Clancy's Pub ATTACHMENT #2 state Of Arizona Department of Liquor'iac#<s^^?id-b:ji^^1?(!jf- 800 W. Washington, 5th Floor Phoenix, AZ 85007 www.azliquor.gov (602)542-5141 5 3-U' 20 \ Request for Approval for Continuation of Restaurant License Pursuant to A.R.S. §4-213(E) One-time $30,000 Fee Due upon Issuance License No: 12078013 _Agent's/Licensee's Name: Nations Randy D. Last First Middle • individual •Partnership QLLC •Corporation •JTWROS • N/A Corporation/Partnership/LLC: ^^^2 Inc. A c.C. File #: 15235540 Exactly as it appears on Articles of Incorporation or Articles of Organization Business Name: Clancy's Pub Pizza and Grill Exactly as it appears on License Business Address: ^432 N. Miller Rd. Ste. 107 street Address- (Do not use P.O. Box Number) Scottsdale Maricopa Arizona 85251 City County Slate Zip Business Phone: (^80 990 . 8797 Mailing Address: PO Box 2502 Chandler Arizona 85244 City State Zip For purposes of this application, "percentage verification" is defined as a 6-month financial review for the purposes of verifying actual food sales percentage. IMPORTANT! Please Note: If you have not been audited by the Dept. of Liquor Licenses and Control within the past 12 months, a Percentage Verification will be conducted. Certain records will be required for this process. These records must be original records (copies of sales tax reports are acceptable). All records listed below must be complete and submitted to the department or you will not be eligible for consideration for a Continuation of Restaurant License. The records must be presented to the Department of Liquor Licenses and Control at 800 W. Washington, 5th Floor, Phoenix, AZ 85007-2934 within 10 days of the filing of this form. If the Percentage Verification proves less than 30% food sales, a complete audit may be conduced by the department's audit staff which may result in the potential revocation of your liquor license. Items required for verification period 1. Menu and drink price list used 2. All food and liquor invoices and receipts 3. X and Z tapes accompanied by detailed daily sales journals. If you are using a PCS system, provide detailed daily sales journals only. The daily sales journals must separate food, liquor and miscellaneous sales. 4. Copies of any coupons or specials 5. Records of all complimentary items served separating food and liquor 6. Bank Statements 7. Financial Statements (Balance Sheet and Profit and Loss Reports for each month) 8. Transaction Privilege Tax Reports (Sales Tax) 9. Guest Checks This Section for Department of Liquor Use Only yj Director / ^Approve Disapprove Date (4/ '/^--^-^ 06/2010 ATTACHMENT #3 Diagram of Premises: Complete a detailed diagram of your cun-enf fi3D<}i:Ailrl34^^i]rifrrts'hrfDst^ kitchen equipment and dining facilities. (Blueprints will not be accepted. Diagram must be on this form.) 1. Check all boxes that apply to your licensed premises: • Entrance/Exits [•1 Liquor Storage Areas Drive-thru windows [•1 Patio Enclosures Service windows 2. The licensed premises consists of 2,200 total square feet. 3. Kitchen occupies 25 percent of total floor space. 4. _75 percent of the public interior area floor space consisting of pool tables, dart or arcade games, barstools, cocktail tables and similar types of seating and dance floors. 5. Aggregate area of all dance floors is _^ percent of the total floor space of the public area of the premises. 6. Please identify the area where spirituous liquor Is dispensed, sold, served, consumed or stored. DO NOT INCLUDE PARtONG LOTS, UVING QUARTERS, ETC. m 9 -I YOU MUST NOTIFY DEPARTMENT OF UQUOR WHEN MAKING ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, DRIVE-THRUS OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM.