CC - Agendas - City Council - REGULAR - 11/4/2008

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r R19-1-102.Granting a License for a Certain Location Local governing authorities and the Department may consider the following criteria in determining whether public convenience requires and that the best interest of the community will be substantially served by the issuance or transfer of a liquor license at a particular unlicensed location: 1. Petitions and testimony from persons in favor of or opposed to the issuance of a license who reside in, own or lease property in close proximity. 2.The number and series of licenses in close proximity. 3.Evidence that all necessary licenses and permits have been obtained from the state and all other governing bodies. 4. The residential and commercial population of the community and its likelihood of increasing, decreasing or remaining static. 5.Residential and commercial population density in close proximity. 6.Evidence concerning the nature of the proposed business, its potential market,and its likely customers. 7.Effect on vehicular traffic in close proximity. 8.The compatibility of the proposed business with other activity in close proximity. 9. The effect or impact of the proposed premises on businesses or the residential neighborhood whose activities might be affected by granting the license. 10. The history for the past five years of liquor violations and reported criminal activity at the proposed premises provided that the applicant has received a detailed report(s)of such activity at least 20 days before the hearing by the Board. 11.Comparison of the hours of operation of the proposed premises to the existing businesses in close proximity. 12.Proximity to licensed childcare facilities as defined by A.R.S. § 36-881. Historical Note Former Rule 2; Former Section R4-15-02 renumbered as Section R4-15-102 without change effective October 8, 1982 (Supp. 82-5). Repealed effective July 11, 1983 (Supp. 83-4). New Section adopted effective March 3, 1993 (Supp. 93-1).R19-1-102 recodified from R4-15-102(Supp. 95-1).Amended by final rulemaking at 11 A.A.R. 5119, effective January 9,2006(Supp.05-4). Editor's Note: The following Section was amended under an exemption from the Arizona Administrative Procedure Act(A.R.S. Title 41, Chapter 6)pursuant to Laws 1996, Ch. 307 § 18.Although exempt from certain provisions of the rulemaking process,the Department was required to provide for reasonable notice and hearing. This Section was not reviewed by the Governor's Regulatory Review Council; and the Department did not submit notice of proposed rulemaking to the Secretary of State for publication in the Arizona Administrative Register(Supp