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I 10.A.1 I <br /> AGENDA ITEM: Public Hearing and consideration for a New liquor license application for a <br /> Series 9 Liquor Store liquor license from Kim Kenneth Kwiatkowski, applicant, for Circle K Store <br /> #9525; Location: 940 Willow Creek Road. <br /> 1. The application has been filed with the State Liquor Department and released <br /> to the City for additional processing. <br /> 2. The City application fee, set by Section 4-7-3,of the Prescott City Code, has <br /> been paid. <br /> 3. The. application has been posted at the proposed location for the required <br /> twenty days and statements of opposition or:statements of support received <br /> by the City Clerk are attached. <br /> 4. The Police Department has reviewed the application according to State law, <br /> which precludes issuance of a license to any person who: (1) Within one year <br /> has violated any provision of a liquor license or had a liquor license revoked; <br /> or.(b) Within five years of the date of application has been convicted of a <br /> felony involving moral turpitude. <br /> 5. The Community Development Department has reviewed the application to <br /> determine whether zoning is proper. <br /> 6. The Finance Department has reviewed the application to determine any <br /> delinquent tax information. <br /> Public Hearing and Action Procedure <br /> The City Council's recommendation of approval, disapproval or no recommendation will <br /> be forwarded to the Department of Liquor Licenses.and Control ("Department") for their <br /> consideration. <br /> • <br /> Recommendation of Approval <br /> If the City Council recommendation is for approval, no hearing is required unless the <br /> Director of the Department, the State Liquor Board ("Board"), or any aggrieved party, <br /> requests a hearing on the grounds that the public convenience and the best interest of <br /> the community will not be substantially served if a license is issued. If no hearing is <br /> requested, the Director may approve the license. ' <br /> Recommendation of Disapproval <br /> If the City Council recommendation is for disapproval of an application, a statement of <br /> the specific reasons along with a summary of the . testimony or. other evidence <br /> supporting the recommendation for disapproval is required to be attached to the order of <br /> disapproval and submitted to the Director, after which a public hearing will be held. <br /> No Recommendation <br /> If the City Council makes no recommendation, the Director may cancel the hearing and <br /> issue the license unless the Board or any aggrieved.party protests and requests a <br /> hearing. If the reason for the protest is clearly removed or deemed satisfied by the <br /> Director, the Board shall cancel the hearing and the Department may issue the license. <br /> 2 <br /> I Packet Pg. 121 I <br />