KENAI PENINSULA BOROUGH

Transcription

1 KENAI PENINSULA BOROUGH Office of the Borough Clerk 144 North Binkley Street Johni Blankenship, IVIMC Soldotna, AK Borough Clerk Phone Fax To: Gary Knopp, Assembly President Members of the Assembly IVIEMORANDUM Thru: Johni Blankenship, Borough Clerk ~ From: Katie Ring, Borough Clerk Secretary \(i.j Date: April 3, 2012 RE: Transfer of Liquor License Ownership and Location Transfer From: K.G.B. & Associates LLC dba Clam Shell Lodge, Clam Gulch Transfer To: JFS, Inc. dba Log Cabin Liquor, within Borough/Funny River License No (Package Store) Kenai Peninsula Borough Code provides for mandatory Assembly review of all applications for liquor license transfers located within the Borough. Accordingly, the attached application filed by JFS, Inc. dba Log Cabin Liquor is being submitted to you for review and action. The Borough Finance Department has reviewed the application and recommends the transfer and relocation application of the business listed to be conditionally approved based on an agreement between the Borough and K.G.B. & Associates which provides for payment of all taxes, penalties, fees and interest to be paid out of escrow upon closing of the sale of the license. The Planning Department has reviewed the application for proximity to churches and/or schools and has no objection to the transfer ofthe license based on location. RECOMMENDATION: That the Assembly authorize a conditional letter of nonobjection to the transfer of the referenced liquor license as requested by JFS, Inc. dba Log Cabin Liquor. cc: Clam Shell Lodge Log Cabin Liquor MEMORANDUM TO ASSEMBLY Non-Objection of Liquor License Transfer Application April 3, 2012 Page 1 of 1

2 Memorandum To: Thru: From: Date: Subject: Johni Blankenship, Borough Clerk Craig Chapman, Finance Director~ ~ (JW Nauri Lingafelt, Delinquent Accounts Specialist March 14,2012 Transfer of Liquor License Ownership & Location Package Store License #2795 Transfer: From: K. G.B. & Associates LLC dba Clam Shell Lodge Sterling Hwy, Clam Gulch, AK To: JFS, INC. dba Log Cabin Liquor Funny River Rd, Soldotna, AK The Finance Department has reviewed all relevant tax accounts related to the business JFS, INC. and found the licensee JFS Inc. to be in compliance, however there are past due sales tax for K.G.B. & Associates dba Clam Shell Lodge. Please be advised that the Finance Department recommends the transfer and relocation application of the business listed be conditionally approved based on an agreement between the Borough and K.G.B. & Associates which provides for payment of all taxes, penalties, fees and interest to be paid out of escrow upon closing of the sale of the license. Please forward us a copy of the assembly approval/objection letter for our records. Thank you for your consideration in this matter.

3 Date of Notice: February 27,2012 Application Type: NEW _ Governing Body: Kenai Peninsula Borough Community Councils: None State of Alaska Alcoholic Beverage Control Board! TRANSFER r~~chqe. Ownership Loeation ifr~ecegved a... U FEB' KPB - Clerks Office License #: License Type: D.B.A.: LicenseelApplicant: Physical Location: Mail Address: Telephone #: EIN: 2795 Package Store Log Cabin Liquor JFS, Inc Funny River Road (Property ID # ), Soldotna, AK Rosland Street, Soldotna, AK Corp/LLC Agent: Address Phone Date and State Good of Incorporation standing? JFS,lnc Rosland Street / Yes Soldotna, AK Alaska Please note: the Members/OfflcerslDlrectorslShareholders (prmclpa/s) listed below are the prmclpal members There maybe additional members that we are not aware ofbecause they are notprimarymembers. We have listed a Iii' I PTi ncipa I mem b ers an d t h ose Wi h0 hid'.0.at east 10" % shares. Member/Officer/Director: DOB. Address Phone Title/Shares (%) John F. Segesser President 01/24/ Rosland Street Soldotna, AK % Terri L. Segesser Secretary 1Treasurer 04/19/ Rosland Street Soldotna, AK % /, / If transfer application, current license information: License #: 2795 Current D.B.A.: Clam Shell Lodge Current Licensee: K.G.B. &Associates, LLC Current Location: Sterling Highway, Clam Gulch, AK Additional comments: ~!7~t( o/'fjp~t....- ~r'fl-t/;1a;(). liquorjjcense Application Review TO:..!COelinquent Accounts _ Planning Oepa~ment OAT :... ~<2{P"'J... b Rey;ew and 'eturn to comments by:... For Assembly Meeting 0 The.nl@t(/~~ _ --.;~Hi::;.j-Sol!L Department has no obiecti n tn YJe is.s..ljance.ofjj!!:~.lir.r..nn.s~~... Date:, 1'1//2--.By ~_... _.' --_..-_.-..".._-_ _.....

4 .' < :,~",,.J<,.:,. Page 2 A local governing body as defined under AS (11) may protest the approval of an application(s) pursuant to AS by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". Instead, in accordance with AS O(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS (a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS (b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of ~Icoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS (a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS O(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 15 AAC , Local Governing Body Protest. Note: Applications applied for under AS (g), 15 AAC (a)(3), AS (e), and 15 AAC (e) must be approved by the governing body. Sincerely, SHIRLEY A. GIFFORD Director ~.~ Business Registration Examiner sarah.oates@alaska.gov "(907')269"0356"'"';"""~'","",m' ""~»"<,.,,,,., ''''''':1i... ~~_!':-;-\,,:~«".,.,,, "".,,.';' ;.~-:~,. ;;i.i"( '..P, - "'H fl. i., r\ ~1?,l, ~ n~\i!!~: < ~.r~~~:r~"i:,fl{.! '1 ~,4~ ~t~, \f ~"' o~~ it,:.';~"\,>,~,:, ~.:-...".:... :t>.,'!;,o:r,.~~~l'flif.o'i.1d~~,!~fv~i..,j\'ii~i...,.' :~..,,~""'a';:.~'1:!'f' j'~l f ~~~ i ~ i ":'." :.,,!,~,) {i~,m(i'1ov fr''i!, \,..::;!;,,~~ \1....,._.:.. ~<,.'"~:.',.,'..,-.~.<..*.".;...~_.;'I,.:"',!-~\«'~"Wi:i\'-~~~':~.,~~... >,j>"...:t.'{.'.:.:!~ - ~:"' '" i'.-.~) :i,,~,,.,,.",;,,..,,.". ;o.{joio ~.~L'" ~~~ r'; i ~::' "'''~''..:. ~ 1;; ';i' '.: 1 I I' ". :'~ ',C':>.-'>;,,<T :,',:',. ".,','"...,~.. r.. "'. ~.~"',.,.'...,v..,,\.,.,.,..,...i".:.') : "'.'" ;. '" >. <}, :1 1

5 """~ KENAI PENINSULA BOROUGH PLANNING DEPARTMENT 144 North Binkley Street. Soldotna, Alaska PHONE: (907) FAX: (907) Toll-free within the Borough: , Ext MIKE NAVARRE BOROUGH MAYOR MEMORANDUM TO: FROM: RE: Johni Blankenship, Borough Clerk rc6max Best, Planning Director Log Cabin Liquor Transfer License Application DATE: February 28, 2012 As requested, the Planning Department reviewed the Log Cabin Liquor transfer license application to determine ifchurches or schools are within SOO feet (KPB ). The parcel number and physical address on the application are incorrect. The address Funny River Road has been assigned to a parcel that will be created when Bird Homestead Subdivision Part S is recorded. A parcel number for this address cannot be assigned until after the plat is recorded. A SOO-foot radius search was done for KPB Parcel S4, Fore Circle and Funny River Road (parent parcel of Funny River Road). Churches and schools are shown as institutional on the land use map. The Institutional parcel shown within the SOO-foot buffer is the Funny River Chamber of Commerce. Kenai Peninsula Borough records show no schools or churches within the SOO-foot buffer. Maps and land status information are attached.

6 Log Cabin Liquor Transfer Liquor License Application LAND USE Accessory Building Commercial Industrial Land Use within 500 Feet Institutional Residential The information depicted hereon o 500 1,000 2,000 Feet! I I..Timber/Farm is for a graphical representation Vacant only of best available sources. The Kenai Peninsula Borough assumes no responsibility for any errors on this map. Map Generated: 2/28/12

7 Kenai Peninsula Borough Planning Department The information depicted hereon is for a graphical representation Vicinity Map only of best available sources. The Kenai Peninsula Borough assumes no responsibility for any errors on this map. a ,000 Feet I I I 2/28/12

8 OWNER ALASKA STATE D N R OWNER ALASKA STATE D N R ADDRESS 550 W 7TH AVE STE 650 ADDRESS 550 W 7TH AVE STE 650 CiTY, STATE, ZIP CODE ANCHORAGE, AK OTY, STATE, ZIP CODE ANCHORAGE, AK OWNER RIVENBARK W MARK & CYNTHIA ANN OWNER RIVENBARK W MARK & CYNTHIA ANN OTY, STATE, ZIP CODE HOUSTON, TX CITY, STATE, ZIP CODE HOUSTON, TX ADDRESS CARLISLE DR ADDRESS CARLISLE DR CITY, STATE, ZIP CODE SOLDOTNA, AK CTY, STATE, ZIP CODE SOLDOTNA, AK Tuesday, February 28, 2012 Page 1 of 7 log Cabin Liquor Transfer license Application land Use within 500 Feet PARCEL ID PARCEL ID ACREAGE ACREAGE PARCEL ID PARCEL ID ACREAGE 1.00 ACREAGE 1.00 ADDRESS PO BOX 4684 ADDRESS PO BOX 4684 PARCEL ID PARCEL ID OWNER RAMSEY DONALD OWNER RAMSEY DONALD ACREAGE 1.56 ACREAGE 1.56

9 USAGE 110 Residential Dwelling - single USAGE 110 Residential Dwelling - single OWNER BIRD JUSTIN S & AMANDA OWNER BIRD JUSTIN S & AMANDA CiTY, STATE, lip CODE SOLDOTNA, AK CITY, STATE, ZIP CODE SOLDOTNA, AK OWNER BUCHANAN MATIHEW OWNER BUCHANAN MATIHEW ADDRESS 8782 STONY CREEK DR ADDRESS 8782 STONY CREEK DR CiTY, STATE, ZIP CODE COLORADO SPRINGS, CO CiTY, STATE, ZIP CODE COLORADO SPRINGS, CO OWNER WEBB GARY & SYLVIA OWNER WEBB GARY & SYLVIA Tuesday, February 28, 2012 Page 2 of 7 Log Cabin Liquor Transfer License Application Land Use within 500 Feet PARCEL ID PARCEL ID ACREAGE 1.00 ACREAGE 1.00 ADDRESS ESTELLA CT ADDRESS ESTELLA CT PARCEL ID PARCEL ID ACREAGE 1.00 ACREAGE 1.00 PARCEL ID PARCEL ID ACREAGE 1.24 ACREAGE 1.24 ADDRESS HOYT LN ADDRESS HOYT LN CITY, STATE, ZIP CODE KENAI, AK CITY, STATE, ZIP CODE KENAI, AK 99611

10 CITY, STATE, ZiP CODE SOLDOTNA, AK CITY, STATE, ZIP CODE SOLDOTNA, AK OWNER KIRBY DANIEL & KIRBY LORI OWNER KIRBY DANIEL & KIRBY LORI ADDRESS 3800 JESTER CT NW ADDRESS 3800 JESTER CT NW CITY, STATE, ZiP CODE OLYMPIA, WA CITY, STATE, ZIP CODE OLYMPIA, WA OWNER WARREN NEIL & KATHLEEN OV/NER WARREN NEIL & KATHLEEN ADDRESS 5893 CANYON CREEK DR ADDRESS 5893 CANYON CREEK DR Tuesday, February 28, 2012 Page 3 of 7 Log Cabin Liquor Transfer License Application land Use within 500 Feet PARCEL ID PARCEL ID OWNER LINK FAITH M OWNER LINK FAITH M ACREAGE 0.98 ACREAGE 0.98 ADDRESS PO BOX 1963 ADDRESS PO BOX 1963 PARCEL ID PARCEL ID ACREAGE 1.00 ACREAGE 1.00 PARCEL ID PARCEllD ACREAGE 0.94 ACREAGE 0.94 CiTY, STATE, ZIP CODE DUBLIN, OH CITY, STATE, ZIP CODE DUBLIN, OH 43016

11 USAGE 110 Residential Dwelling - single USAGE 110 Residential Dwelling - single USAGE 350 General Commercial USAGE 350 General Commercial OWNER BIRD ELMER RAY & PATSY J OWNER BIRD ELMER RAY & PATSY J CiTY, STATE, ZIP CODE SOLDOTNA, AK CTY, STATE, ZIP CODE SOLDOTNA, AK OWNER BIRD ELMER RAY & PATSY J OWNER BIRD ELMER RAY & PATSY J CITY, STATE, ZIP CODE SOLDOTNA, AK CITY, STATE, ZIP CODE SOLDOTNA, AK Tuesday, February 28, 2012 Page 4 of 7 Log Cabin Liquor Transfer License Application Land Use within 500 Feet PARCEL id PARCEL ID OWNER TOM COLIN F OWNER TOM COLIN F ACREAGE 2.81 ACREAGE 2.81 ADDRESS L1POA PL ADDRESS L1POA PL CiTY, STATE, ZIP CODE AIEA, HI CITY, STATE, ZIP CODE AIEA, HI PARCEL ID PARCEL ID ACREAGE ACREAGE ADDRESS PO BOX 3186 ADDRESS PO BOX 3186 PARCEL ID PARCEL ID ACREAGE 1.07 ACREAGE 1.07 ADDRESS PO BOX 3186 ADDRESS PO BOX 3186

12 ADDRESS CARIBOU ClR ADDRESS CARIBOU CIR CITY, STATE, ZIP CODE SOLDOTNA, AK CITY, STATE, ZIP CODE SOLDOTNA, AK USAGE 120 Residential Cabin - single USAGE 120 Residential Cabin - single OWNER HIGGINS ANDREW 0 OWNER HIGGINS ANDREW 0 CITY, STATE, ZIP CODE EARL PARK, IN CITY, STATE, ZIP CODE EARL PARK, IN Tuesday, February 28,2012 Page 5 of 7 Log Cabin Liquor Transfer License Application Land Use within 500 Feet PARCEL ID PARCEL ID OWNER GRAHAM MARY A OWNER GRAHAM MARY A ACREAGE 7.32 ACREAGE 7.32 ADDRESS PO BOX 235 ADDRESS PO BOX 235 ety, STATE, ZIP CODE LIBBY, MT CITY, STATE, ZIP CODE LIBBY, MT PARCEL ld PARCEL!D OWNER DINNEBECK PATSY OWNER DINNEBECK PATSY ACREAGE 2.39 ACREAGE 2.39 PARCEL ID PARCEL ID ACREAGE 1.14 ACREAGE 1.14 ADDRESS 7382 N 300 W ADDRESS 7382 N 300 W

13 USAGE 110 Residential Dwelling - single USAGE 110 Residential Dwelling - single OWNER JOHNSON THOMAS W & LORI M OWNER JOHNSON THOMAS W & LORI M ADDRESS EULACHON OR ADDRESS EULACHON OR CITY, STATE, ZIP CODE SOLDOTNA, AK CITY, STATE, ZIP CODE SOLDOTNA, AK USAGE 110 Residential Dwelling - single USAGE 110 Residential Dwelling - single OWNER DERRY ROCKFORD E & MARY OWNER DERRY ROCKFORD E & MARY CITY, STATE, ZIP CODE SOLDOTNA, AK CITY, STATE, ZIP CODE SOLDOTNA, AK USAGE 1 12 Residential Dwellings 2-4 USAGE 11 2 Residential Dwellings 2-4 OWNER ELMORE KENNETH T OWNER ELMORE KENNETH T ADDRESS FRANCES ELAINE OR ADDRESS FRANCES ELAINE OR CiTY, STATE, ZIP CODE ANCHORAGE, AK CITY, STATE, ZIP CODE ANCHORAGE, AK Tuesday, February 28, 2012 Page 6 of 7 Log Cabin Liquor Transfer License Application land Use within 500 Feet PARCEL PARCEL ld ACREAGE 1.26 ACREAGE 1.26 PARCEL ID PARCEL id ACREAGE 1.02 ACREAGE 1.02 ADDRESS NERKA CT ADDRESS NERKA CT PARCEL PARCEL ID ACREAGE 8.82 ACREAGE 8.82

14 OWNER KENNEDY BONNIE ADAMS OWNER KENNEDY BONNIE ADAMS CITY, STATE, ZiP CODE SOLDOTNA, AK CITY, STATE, ZIP CODE SOLDOTNA, AK USAGE 110 Residential Dwelling - single USAGE 110 Residential Dwelling - single CITY, STATE, ZIP CODE SOLDOTNA, AK CITY, STATE, ZIP CODE SOLDOTNA, AK Tuesday, february 28, 2012 Page 7 of 7 Log Cabin Liquor Transfer License Application Land Use within 500 Feet PARCEL id PARCEL id ACREAGE 1.00 ACREAGE 1.00 ADDRESS PO BOX 776 ADDRESS PO BOX 776 PARCEL id PARCEL ID OWNER LAWRENCE LARRY L OWNER LAWRENCE LARRY L ACREAGE 8.56 ACREA.GE 8.56 ADDRESS PO BOX 3096 ADDRESS PO BOX 3096