Title
Public hearing, Alcohol License, Retail Package & Sunday Sales, Akintayo Daniel Bolorunduro, 5780 CH James Parkway, Suite 240.
Body
Prepared By: Community Development
Recommendation: Approval
Background: Mr. Bolorunduro is seeking an alcohol beverage license to operate a retail package store for wine, beer and distilled spirits and a Sunday sales permit. The subject property is located at 5780 CH James Parkway.
Fiscal Impact: The site is currently operating as a liquor store, operated by Mr. Steve Adams. The request should not increase demand for public services or unduly burden public infrastructure.
Analysis: The application prepared under Section 3-103 of the Code of Ordinances contains the certificate from Mr. Bolorunduro regarding his attendance at and completion of the alcohol workshop by the Training Institute for Responsible Vendors (RASS). The application was advertised in the MDJ on May 20 and 27, 2016 per the requirements of Section 3-113. The investigation from the Police Department under Section 3-109 has not been received as of the date of this writing. The City's building inspector has conducted a building inspection of the property under Section 3-110 and did not note any code violations. Under the requirements of Section 3-111, it is noted that there are no outstanding taxes or special assessments that are delinquent against the property or any other monies owing to the City.
Section 3-101 states that " Information on the applicant, as follows: “If a sole proprietor, then from the sole proprietor the name, home address, home phone number, date of birth, social security number, county of residency and country of citizenship, a statement of arrests; and, in addition, if the sole proprietor does not meet the citizenship or residency requirements of this article or is not a full time employee, then the same information is also required for an agent who is a full time employee, provided that the person so named must meet all requirements of this article” The applicant is a sole proprietor.
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Sec. 3-121 states that no license shall be granted to any applicant or remain held by any licensee or agent who does not qualify as one of the following: a citizen of the United States; a resident alien; or a legal alien for a period of at least one (1) year. The applicant has submitted an affidavit under the Systematic Alien Verification for Entitlements (SAVE) program.
Section 3-117 provides standards that govern issuance of licenses for the sale of alcoholic beverages, which include: (1) Where there is evidence that, even though there is compliance with the minimum distances from schools and churches, the type and number of schools or number of churches in the vicinity causes minors to frequent the immediate area; (2) Where there is evidence that the location or type of structure could create difficulty in police supervision; (3) Where there is evidence that there are no licenses granted in the area or where there is evidence that the proposed area is adequately supplied with such licenses; (4) Where there is evidence that a license for the location would be detrimental to the property values in the area; (5) Where there is evidence that the license in that location would be detrimental to traffic conditions or that there is a lack of sufficient parking spaces for automobiles. Sufficient parking shall mean not less than one (1) parking space for each two hundred (200) square feet of gross floor area and otherwise in conformance with the zoning ordinance and regulations of the city. However, a licensee shall have sufficient parking on the premises so as to provide parking for his customers and so as to prevent parking on the streets or adjoining property; (6) Where there is evidence that the licensee or the spouse is related to any distributor or wholesaler of malt beverages or employees thereof, within the first degree of consanguinity or affinity as computed according to the civil law, so that there might be special concessions granted licensee to give him a competitive advantage over others not similarly privileged; (7) Where there is evidence that alcoholic beverages have been sold to intoxicated persons or to a minor; (8) Where there is evidence that the conducting of the business creates a disturbance, congregation of intoxicated persons, congregation of minors, allows minors to purchase, drink or possess alcoholic beverage on the premises, or causes the police to answer complaints or make extra surveillance of the premises. More than three (3) minors without supervision of a parent or one authorized by a parent shall be prima facie a congregation of minors. (9) In addition to the above and in determining whether or not any license applied for shall be granted, the following shall be considered in the public interest and welfare:
a. If the applicant is a previous holder of a license, the manner in which he conducted the business thereunder as to the necessity for unusual police observation and inspection in order to prevent the violation of any law, regulation or ordinance relating to such business.
b. The location for which the license is sought as to traffic congestion, general character of neighborhood and the effect such an establishment would have on the adjacent and surrounding property values.
c. The number of licenses already granted for similar businesses in the trading area of the place for which the license is sought.
Section 3-63 states that licensees of package distilled spirits and wine and malt beverages establishments may sell on Sundays from 12:30 p.m. until 10:00 p.m., provided the licensee applies for and receives a Sunday sales permit for such sales from the city. The licensee must also hold a city alcoholic beverage package license
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Summary: Akintayo Daniel Bolorunduro, has applied for an alcohol beverage license for retail package sales and Sunday Sales at 5780 CH James Parkway, Suite 240. Applicant appears to have satisfied the requirements of Chapter 3 of the Code or Ordinances to obtain an alcohol beverage license.
Attachments: Application, workshop certificate, survey