Loading...
HomeMy WebLinkAboutResolution No. 2017-67CITY OF KENAI RESOLUTION NO. 2017-67 Sponsored by: City Clerk A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONDITIONALLY PROTESTING THE TRANSFER OF OWNERSHIP OF BEVERAGE DISPENSARY LIQUOR LICENSE NO. 3039, FROM MAD MOOSE BAR AND GRILL, LLC, LOCATED AT 205 SOUTH WILLOW STREET, KENAI AK, 99611 TO DON JOSE'S, LLC LOCATED AT 205 SOUTH WILLOW STREET, KENAI, AK, 99611. WHEREAS, application has been made with the Alaska Alcohol and Marijuana Control Office (AMCO), for consideration by the Alcohol Beverage Control Board, for the transfer of ownership of Beverage Dispensary, Liquor License No. 3039, from Mad Moose Bar and Grill, LLC to Don Jose's, LLC located at 205 South Willow Street, Kenai, Alaska 99611; and WHEREAS, the City Council must enter any protest to the AMCO within 60 days following receipt of the application; and, WHEREAS, the Kenai City Clerk's Office received a copy of this application on October 5, 2017 and has determined that the last day for the Council to file a protest is December 4, 2017; and WHEREAS, the Council Meeting on November 1, 2017 is the last scheduled regular meeting of the City Council prior to the expiration of the protest period; and WHEREAS, the City Clerk reports the following status concerning this location: 1. Certification from the Legal Department has been received; and 2. Certification from the Police Department has been received; and 3. Certification from the Lands Department has been received; and 4. Certification from the Planning Department has been received; and 5. Certification from the Kenai Peninsula Borough has not been received and $1,835.48 in sales tax returns remain outstanding; and 6. There are no other financial obligations owed to the City of Kenai; and WHEREAS, protest by the City Council is in order, pending Council confirmation, that outstanding items are required to be completed for this location. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the Kenai City Council hereby enters its CONDITIONAL PROTEST for the transfer of ownership of Beverage Dispensary Liquor License No. 3039, until these conditions are met: • Certification from the Kenai Peninsula Borough that the $1,835.48 in outstanding sales tax returns have been paid. Section 2. That a copy of this Resolution may be presented to the AMCO as proof that the Kenai City Council, as the local governing body, has stated its protest in order to allow the Director Resolution No. 2017-67 Page 2 of 2 of AMCO to hold processing of the transfer of ownership of Liquor License No. 3039 under local protest, until receipt by the Director of confirmation from the City Clerk that the conditions in Section 1 have been met, and this protest is lifted as authorized by this Resolution. Section 3. That the Kenai City Council here by authorizes the City Clerk, upon the City Clerk's confirmation that all City Council conditions in Section 1 have been met, to provide written notification to the AMCO that this protest by the Kenai City Council is lifted, without further action by the City Council. Section 4. That this Resolution takes effect immediately upon passage PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15' day of November, 2017. ATTEST: Heinz, City Clerk a::] W �. BRIAN GABRIEL SR., MAYOR MEMORANDUM "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 1997 TO: David Ross, Chief of Police Willie Anderson, Lands Manager Terry Eubank, Finance Department Scott Bloom, Legal Department Matthew Kelly, City Planner FROM: Jamie Heinz, City Clerk DATE: October 9, 2017 RE: Liquor License Transfer of Ownership The Alcoholic Beverage Control Board has sent notification that the following applicant is seeking to transfer ownership of its Liquor License No. 3239: Applicant: Don Jose's, LLC D/B/A: Don Jose's Mexican Restaurant Current Licensee: Mad Moose Bar & Grill, LLC Pursuant to KMC 2.40.010, It is determined to be in the public interest that holders of or applicants for licenses issued by the Alcoholic Beverage Control Board of the State of Alaska shall have all obligations to the City of Kenai on a satisfactory basis prior to the City Council approval of any activity of said license holder or applicant. Please review account(s) maintained by your department (i.e. water and sewer billings, lease/property payment history, citations, etc.) by the above reference applicant. Initial whether account(s) and/or payment plan(s) are current or delinquent. If accounts are delinquent, attach information to this memorandum indicating amounts owed and for which accounts. Once you have completed your section, please route to the next department. Thanks! 1. Police Departments initials ©1 have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. OThe appli- has outstanding obligations and an additional page has been attached. 2. Finance Initials "e I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. ❑ The applicant has outstanding obligations and an additional page has been attached. 3Ltggal -- initials .L r`^� 1 have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. CDhe applicant has outstanding obligations and an additional page has been attached. 4. Lan s Management initials Ca�I have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. r— E)The applicant has outst nd�g obligations and an additional page has been attached. \5. Planning and Zoning initials t0 1 have reviewed all records for my department and the applicant is current on obligations or obligations do not exist. OThe applicant has outstanding obligations and an additional page has been attached. Returned to Clerk's office: zmmmll7 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 Toll-free within the Borough: 1-800478-4441, Ext. 2303 PHONE: (907) 714-2303 • FAX: (907) 714-2376 www. borough. kenai.ak.us MIKE NAVARRE BOROUGH MAYOR October 23, 2017 The Mad Moose Bar & Grill, LLC Attn: James L. Merrow and Kimberly A. Merrow PO Box 2673 Kenai, AK 99611-2673 RE: NOTICE OF LIEN FOR DELINQUENT SALES TAXES - STX NO. 202709 In accordance with Alaska Statutes 29.45.650, 29.45.700 and Kenai Peninsula Borough Ordinance 5.18.660, a sales tax lien will be recorded against all real and personal property in SEVEN (7) days from the date of this letter if the sales tax debt for period 6/2017 is not satisfied in full. Payment in full is required with guaranteed funds by October 30, 2017. Please use the enclosed self-addressed envelope for your remittance. KENAI PENINSULA BOROUGH 13 - Rhond K. Krohn Property Tax and Collections Manager Enc. NOTICE OF LIEN FOR DELINQUENT SALES TAXES The Mad Moose Bar & Grill, LLC LIEN NO. 2017-084 PO Box 2673 SALES TAX ACCOUNT NO. 202709 Kenai, AK 99611-2673 LIEN PERIODS: 612017 The Kenai Peninsula Borough, an Alaska municipal corporation of 144 N. Binkley Street, Soldoma, Alaska 99669, claims a lien for sales tax upon and against all real and personal property of the above named debtor. This lien is filed in accordance with AS 29.45.650, AS 29.45.700 and KPB 5.18.660, to secure the payment of delinquent sales taxes and the interest, penalties, fees, and administrative costs associated therewith on SALES TAX ACCOUNT NO. 202709. The principal sales tax owing is $1,585.50, plus interest of $26.42, penalties of $158.56, fees of $25.00, and administrative costs of $40.00. The total amount of this lien as of October 1, 2017, is $1,835.48. The amount of interest, penalties and administrative costs will continue to increase until paid. DATED at Soldoma, Alask�l is 2 rd day of October, Rhonda K. Krohn Property Tax and Collections ACKNOWLEDGMENT STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this 23rddayofOctober, 2017, by Rhonda K. Krohn, Property Tax and Collections Manager of the Kenai Peninsula Borough, an Alaska municipal corporation, on behalf of the corporation. 7j- Notary Public for the State of A My commission expires: w Record in the Kenai Recording District Return document to: Kenai Peninsula Borough Delinquent Accounts 144 N. Binkley St. Soldoma, AK 99669-7520 OFFICIAL SEAL Joanne F. Rodgers Notary Pubhc • Siate of Kaska - r�'iy MY Commission Expires with Office , THE STATE 01ALASKA GOVERNOR BILL WALKER October 5, 2017 City of Kenai Attn: Jamie Heinz, Deputy City Clerk VIA Email: iheinz@kenai.city Cc: cityclerk@kenai.city Joanne@borough.kenai.ak.us iblankenshio@borough.kenai.ak.us kri ng(o) borough. kena i.a k.us Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 7`h Avenue, Suite 1600 Anchorage, AK 99501 Main: 907.269.0350 License Type: Beverage Dispensary License Number: 1 3039 Licensee: Don Jose's LLC Doing Business As: Don Jose's Mexican Restaurant ❑ New Application ® Transfer of Ownership Application ❑ Transfer of location Application ❑ Transfer of Controlling Interest Application We have received a completed application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your protest within 60 days and show proof of service upon the applicant. AS 04.11.491—AS 04.11.509 provide that the board will deny a license application if the board finds that the license is prohibited under as a result of an election conducted under AS 04.11.507. AS 04.11.420 provides that the board will not issue a license when a local governing body protests an application on the grounds that the applicant's proposed licensed premises are located in a place within the local government where a local zoning ordinance prohibits the alcohol establishment, unless the local government has approved a variance from the local ordinance. Sincerely, �dw 01'(A Erika McConnell, Director a mco.loca Igovernmenton ly@ a laska.gov What is this form? Alcohol and Marijuana Control Office 550 W 7" Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensingt@alaska.gov https://www.commerce.alaska.gov/web amc Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB -01: Transfer License Application This transfer license application form is required for all individuals or entities seeking to apply for the transfer of ownership and/or location of an existing liquor license. Applicants should review Title 04 of Alaska Statutes and Chapter 304 of the Alaska Administrative Code. All fields of this form must be completed, per AS 04.11.260, AS 04.11.280, AS 04.11.290, and 3 AAC 304.105. This form must be completed and submitted to AMCO's main office, along with all other required forms and documents, before any license application will be considered complete. Section 1 - Transferor Information Enter information for the current licensee and licensed establishment. Licensee: The Mad Moose Bar&Grill LLC License #: 3039 License Type: Beverage Dispensary License Statutory Reference: AS 01.11.090 Doing Business As: The Mad Moose Bar & Grill Premises Address: 205 S Willow St City: Kenai I State: JAK IZIP: 199611 Local Governing Body: Kenai Peninsula Borough Transfer Type: �✓ Regular transfer Transfer with security interest Involuntary retransfer OFFICE USE ONLY Complete Date: Transaction #. 16 1 Board Meeting Date: License Years: Issue Date: BRE: [Form A"11 (rev 10/10/2016) Page 1 of 7 Alcohol and Marijuana Control Office 550 W 7" Avenue, Suite 1600 Anchorage, AK 99501 a Icohol.licensing0al aska. eov https://www.commerce.alaska.eov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB -01: Transfer License Application Section 2 - Transferee Information Enter information for the new applicant and/or location seeking to be licensed. Licensee: Don Jose's LLC Doing Business As: Don Jose's Mexican Restaurant Premises Address: 205 S Willow St City: Kenai state: AK zIP: 99611 Community Council: Kenai Peninsula Borough 11 Aailingaddress: 127 W Pioneer Ave City: Homer state: AK i 99603 1 Designated Licensee: Jose Ramos Contact Phone: 907_229-7196 Business Phone: 907-235-7963 Contact email: salmonalaska@yahoo.com Yes No Seasonal License? ❑ F Premises to be licensed is: If "Yes", write your six-month operating period: Section 3 - Premises Information ❑✓ an existing facility 0 a new building F a proposed building The next two questions must be completed by beverage dispensary (including tourism) and package store applicants only: What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to 'm:laS What is the distance of the shortest pedestrian route from the public entrance of the building of your proposed premises to the public entrance of the nearest church building? includethe unit of measurement in your answer. a m.ke.s - - [Form AB -011 (rev 10/10/2016) Page 2 of 7 Alcohol and Marijuana Control Office - •00'"4 550 W 7`" Avenue, Suite 1600 Anchorage, AK 99501 r alcohol.licensinpPalaska.cov https://www.commerce.alaska.eov/web/amco r Phone: 907.769.0350 Alaska Alcoholic Beverage Control Board • Form AB -01: Transfer License Application Section 4 - Sole Proprietor Ownership Information This section must be completed by any sole proprietor who is applying for a license. Entities should skip to Section S. if more space is needed, please attach a separate sheet with the required information. The following information must be completed for each licensee and each affiliate (spouse). This individual is an: F applicant F affiliate Name: Address: City: State: ZIP: This individual is an: F applicant Flaffiliate Name: Address: City: — State: ZIP: Section 5 - Entity Ownership Information This section must be completed by any entityincluding a corporation, limited liability company (LLC), partnership, or limited partnership, that is applying for a license. Sole proprietors should skip to Section 6. If more space is needed, please attach a separate sheet with the required information. • If the applicant is a corporation, the following information must be completed for each stockholder who owns 10% or more of the stock in the corporation, and for each president, vice-president, secretary, and managing officer. • If the applicant is a limited liability organization, the following information must be completed (or each member with an ownership interest of 10% or more, and for each manager. • If the applicant is a partnershipincluding a limited partnership, the following information must be completed for each partner with an interest of 10% or more, and for each general partner. Entity Official: Jose Ramos Title(s): Member Phone: I907-229-7196 %owned: 151 Address: 127 W Pioneer Ave City: Homer State: JAK IZIP: 199603 I Form AB -01] (rev 10/10/2016) Page 3 of 7 Alcohol and Marijuana Control Office 550 W 7" Avenue, Suite 1600 Anchorage, AK 99501 a (mho I.licensin a 0a laska.eov https://www.commerce.alaska.p,ov/web/­amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB -01: Transfer License Application Entity Official: Maria C Ramos Title(s): Member I Phone: 907-229-7196 1 %owned: 149 Address: 127 W Pioneer Ave City: Homer IState: JAK IZIP: 199603 Entity Official: 56813D Title(s): 9/28/1995 Phone: AK % Owned: Jose Ramos Address: 907-229-7196 City: 127 W Pioneer Ave State: (Homer ZIP: JAK Entity Official: 56813D Title(s): 9/28/1995 Phone: AK % Owned: Jose Ramos Address: 907-229-7196 City: 127 W Pioneer Ave State: (Homer ZIP: JAK This subsection must be completed by any applicant that is a corporation or I.I.C. Corporations and LLCs are required to be in good standing with the Alaska Division of Corporations (DOC) and have a registered agent who is an individual resident of the state of Alaska. DOC Entity #: 56813D AI( Formed Date: 9/28/1995 Home Stat;7 AK Registered Agent: Jose Ramos Agent's Phone: 907-229-7196 Agent's Mailingaddress: 127 W Pioneer Ave City: (Homer state: JAK I ZIP: 199603 Residency of Agent: Is your corporation or LLC's registered agent an individual resident of the state of Alaska? Yes No 7 F1 [form AB -011 (rev 10/10/2016) Page 4 of 7 Alcohol and Marijuana Control Office 550 W 7`h Avenue, Suite 1600 Anchorage, AK 99501 alto hol.licen sin izP alaska.eov httos:l/www.commerce.alaska.gov/web/amco Alaska Alcoholic Beverage Control Board Form AB -01: Transfer License Application Section 6 — Other Licenses Ownership and financial interest in other alcoholic beverage businesses: Phone: 907.269.0350 Yes No Does any representative or owner named as a transferee in this application have any direct or indirect ❑ financial interest in any other alcoholic beverage business that does business in or is licensed in Alaska? If "Yes", disclose which individual(s) has the financial interest, what the type of business is, and if licensed in Alaska, which Both Members Bev Disp -Harbor Grill License # 3174 Both Members Bev Disp- Don Joses Mexican Restaurant Homer License # 2252 Both Members Bev Disp- Don Joses Mexican Restaurant AnchorageLicense # 3311 Section 7 — Authorization Communication with AMCO staff: Does any person other than a licensee named in this application have authority to discuss this license with AMCO staff? If "Yes", disclose the name of the individual and the reason for this authorization: Lisa Fink She is the Company Controller Yes No [Form AMI) (rev 10/10/2016) Page 5 of 7 9/7/2017 FYuuU.y,rl 4 •s, r d�nRor •V� IMG 2737.jpg Alcohol and Mdnluana Untiol 01f,cr 550 W 7" Avenue, Suite 16no Anchorage, AK 991,01 ilroluil.lgaetmp alaskd gin• hItLS:(/wwvi.rnmmerrl! lask;rynv wch aero phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB -01: Transfer License Application Section 8 - Transferor Certifications Additional copies of this page may be attached, as needed, for the controlling interest of the current licensee to be represented. I declare under penalty of perjury that the undersigned represents a controlling Interest of tl:e current licensee. I additionally certify that 1, as the current licensee (either the sole proprietor or the controlling interest of the currently licensed entity) have examined this application, approve of the transfer of this license, and find the information on this application to be true, correct, and complete. of Y-wn1 ��10 H& -vow Printed name of transferor? �t Subscribed and sworn to before me this 5%l.day of 1�/�1 t' 20i MOHAMMED KISWANI Signature of Notary Public M5f �* Hct+r, P.rELC Sl+lt 31 P141;E+ CGron�.ii.vr 0 GS '.,'553 % �z;�r„ }".r, My Ctmn. E+G'res tun 15 t:20 Notary Public in and for the State of FJ.Qr My commission expires: Signature of transferor _ v Printed name of transferor J Subsuibed and sworn to before me this day of _ _ _.... 20 _ 5lgnatnl - rt rJotary Public Notart Public in an.l In; Ow -.1 )Wof I .•; r,nun Yen expiw%: (Form A114011 (rev ]0/10/2016) Page6017 https:/Imail.google.com/maHlufOt#searchlin%3Asent+salmonalaSka%40yahoo.com115d62250be372aO4?projector=l 1/1 Alcohol and Marijuana Control Office 550 W 7'h Avenue, Suite 1600 Anchorage, AK 99501 alcoho tlicensi n f0a laska. eov https://www.commerce.alaska.gov/web/amco Phone: 907.269.0350 Alaska Alcoholic Beverage Control Board Form AB -01: Transfer License Application Section 9 - Transferee Certifications Read each line below, and then sign your initials in the box to the right of each statement: Initials I certify that all proposed licensees las defined in AS 04.11.260) and affiliates have been listed on this application. 17 1J I certify that all proposed licensees have been listed with the Division of Corporations. TV — I certify that I understand that providing a false statement on this form or any other form provided by AMCO is grounds Fs -71 for rejection or denial of this application or revocation of any license issued. r I certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check the identification of a patron will complete an approved alcohol server education course, if required by AS 04.21.025, and, while selling or serving alcoholic beverages, will carry or have available to show a current course card or a photocopy of the card certifying completion of approved alcohol server education course, if required by 3 AAC 304.465. 1 agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. L 17 As an applic a liquor license, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this, pplic ion, including all accompanying schedules and statements, is true, correct, and complete. Printed mos A Subscribed and sworn to before me this C day of \.� �..C�Mmiss,o•.. o. :4 ROSARY PUBS %� dl nres 09'�10, i�� rfq TEnO I; P�\' \\�� ,:Sok 20/_7. i /� ign a of Notary Public Notary Public in and for the State of /� )<- My commission expires: 9/ C, le o6.0 (Form A"Il (rev 10/10/2016) Page 7 of 7