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HomeMy WebLinkAbout2013 08.20 City Council Regular Agenda 47` � � City of Apache Junction, Arizona Meeting location City Council Chambers 4 at City Hall Agenda 300E Superstition Blvd g Apache Junction,AZ 85119 City Council Meeting www ajcity net Ph (480)982-8002 Tuesday,August 20,2013 7.00 PM City Council Chambers A. CALL TO ORDER B INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda Items These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public heanng The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda 1. 13-217 Acceptance of agenda Consideration and action 2 13-221 Approval of minutes of special meeting of August 5, 2013 Consideration and action. 3. 13-222 Approval of minutes of regular meeting of August 6, 2013 Consideration and action. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards, presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time 4 13-205 Presentation of Certificate of Achievement for Excellence in Financial Reporting as awarded to the city by the Government Finance Officers Association for its comprehensive annual financial report Presentation. F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clanfying comments related to substance, time and location City of Apache Junction,Arizona Page 1 Printed on 8/13/2013 City Council Meeting Agenda August 20,2013 G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city There shall however be no discussion at this time except for clarification inquiries 5. 13-195 City manager's report Presentation and discussion. H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak All remarks shall be addressed to the council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor This time limitation shall not apply to applicants and their agents appearing before the council 6. 13-225 Application for a temporary extension of premises permit for Lost Dutchman Fraternal Order of Eagles#3850, located at 2315 South Coconino, for September 28, 2013 This public hearing is the next step in the procedure The city council shall make a recommendation of approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action 7. 13-235 Application for an interim permit, person transfer, limited liability co , series 7 liquor license for Handlebar Pub and Grill located at 650 West Apache Trail This public hearing is the next step in the procedure The city council shall make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action 8. 13-238 Application for an interim permit, new license, limited liability co , series 12 liquor license for Skies Kitchen located at 1535 Old West Highway This public hearing is the next step in the procedure The city council shall make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk J. NEW BUSINESS The council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk City of Apache Junction,Arizona Page 2 Printed on 8/13/2013 City Council Meeting Agenda August 20,2013 9. 13-207 Presentation and discussion on the Fiscal Year 2013-2014 Legislative Work Plan Presentation and discussion 10. 13-232 Discussion on possible city council and staff strategic planning session Discussion only. 11. 13-236 Discussion on Ride Choice agreement for Fiscal Year (FY)2013-2014 This item give the city council the opportunity to discuss the agreement AM" for this fiscal year Staff recommendation is to keep the funding at the same level as in FY 2012-2013 Discussion only. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 12. 13-197 Executive Session at 5 45 P M and Work Session at 7 00 P M for Monday, September 2, 2013 is canceled due to the observation of Labor Day 13. 13-196 Executive Session at 5 45 P M and a Work Session at 7 00 P M for Tuesday, September 3, 2013 Other meetings if necessary M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda If there is a group speaking on the same item, they should select a spokesperson All such remarks shall be addressed to the council as a whole and not to any member thereof The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion 1)respond to cnticism by a speaker, 2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone,provide their name and address There is a three(3)minute time limit per speaker N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through Thursday from 7 00a-6 00p, excluding holidays If any person with a disability needs any type of accommodation,please notify Human Resources at (480)474-2617 or(480)983-0095(TDD)at least 72 hours pnor to the scheduled time City of Apache Junction,Arizona Page 3 Printed on 8/13/2013 CITY COUNCIL SPECIAL MEETING AUGUST 5, 2013 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on August 5, 2013, at the ON required Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Acting Police Chief/Deputy Chief Tom Kelly Public Works Director Giao Pham Parks and Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Services Director Brad Steinke Human Resources Director Liz Riley SPECIAL MEETING OF THE CITY COUNCIL AUGUST 5, 2013 PAGE 1 OF 4 Others Present • Presiding Magistrate James Hazel Public Works Manager Shane Kiesow Senior Project Engineer Emile Schmid DISCUSSION ON FINAL BUDGET FOR FISCAL YEAR 2013-2014 Mayor Insalaco called for any discussion on the budget . Vice Mayor Barker asked if anything had been changed. Assistant City Manager Bryant Powell stated nothing had been changed since the last meeting. Members of staff and department directors are here if there are any questions. The second required public hearing will be tonight There is a 3% general increase in the budget for staff, two new full time employees, we are seeing steady growth in the sales tax and we have joined Williams Gateway Authority PUBLIC HEARING: PROPOSED FINAL BUDGET FOR FISCAL YEAR 2013-2014 ) Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and moved on to the next item CONSIDERATION OF PROPOSED RESOLUTION NO. 13-28, ADOPTION OF FINAL BUDGET FOR FISCAL YEAR 2013- 2014 ) Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO 13-28, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, FULLY ADOPTING ESTIMATES OF EXPENDITURES BY THE CITY OF APACHE JUNCTION FOR THE FISCAL YEAR BEGINNING JULY 1, 2013, AND ENDING JUNE 30, 2014, DECLARING ESTABLISHMENT OF THE BUDGET FOR THE CITY OF APACHE SPECIAL MEETING OF THE CITY COUNCIL AUGUST 5, 2013 PAGE 2 OF 4 eN JUNCTION FOR FISCAL YEAR 2013-2014; AND DECLARING AN EMERGENCY, BE APPROVED Vice Mayor Barker SECONDED THE MOTION VOTE: Unanimous. The motion carried ADJOURNMENT Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT THE SPECIAL MEETING BE ADJOURNED AT 7 . 04 P.M. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous The motion carried. The meeting was adjourned at 7 . 04 p.m. ACCEPTED THIS 20TH DAY OF AUGUST, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF AUGUST, 2013. /.1% JOHN S . INSALACO Mayor SPECIAL MEETING OF THE CITY COUNCIL AUGUST 5, 2013 PAGE 3 OF 4 ON ON ATTEST: KATHLEEN CONNELLY City Clerk OIN CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the City Council of the City of Apache Junction, Arizona, held on the 5th day of August, 2013 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 6th day of August, 2013. KATHLEEN CONNELLY City Clerk erIN SPECIAL MEETING OF THE CITY COUNCIL AUGUST 5, 2013 PAGE 4 OF 4 CITY COUNCIL REGULAR MEETING AUGUST 6, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on August 6, 2013 , at the Apache Junction City Council Chambers pursuant to the notice required by law CALL TO ORDER Mayor Insalaco called the meeting to order at 7 . 00 p m INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Rizzi led the Pledge of Allegiance . ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present : Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Acting Public Safety Director/Deputy Police Chief Tom Kelly Public Works Director Giao Pham Human Resources Director Liz Riley Assistant to the City Manager Matt Busby Others Present • Public Works Manager Shane Kiesow Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 1 OF 14 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF CONTRACT FOR FISCAL YEAR 2013-2014 STREET MAINTENANCE PLAN BE AWARDED TO SUNLAND ASPHALT THROUGH COOPERATIVE PURCHASING NETWORK CONTRACT #R5225 FOR PW 2013-08, 16TH AVENUE AND SUPERSTITION VILLA SUBDIVISION OVERLAY, AND PW 2013-09, APACHE VILLA SUBDIVISION SLURRY SEAL/OVERLAY IN AN AMOUNT NOT TO EXCEED $1, 448 , 593 . 20 ; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY Councilmember Rizzi SECONDED THE MOTION. VOTE Unanimous . The motion carried AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation supporting the "Start by Believing" Public Awareness Campaign and presented it to Community Resource Coordinator Constance Halonen. Community Resource Coordinator Constance Halonen gave a brief presentation on the campaign. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced the Boys and Girls Club' s annual .•. Bowl-A-Thon will be this Saturday at the East Mesa Bowl facility. Councilmember Rizzi announced the Apache Junction School District will be hosting a cardiac screening, echo and EKG screening, on Saturday, August 31 Councilmember Serdy announced the Superstition Mountain Museum will have a display of the Superstition Mountain collection by world known artist Ted DeGrazia. They have not been seen by the public in a long time . It will be September 28 through April REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 2 OF 14 CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented on the partnerships with Republic Services, the fire district, Community Alliance Against Family Abuse, and High Intensity Drug Trafficking Area; and commented on the coordination between the public works department , police department and fire district during recent flooding caused by heavy rain. Councilmember Wilson commented he lives out in that area and it happened on a Sunday Public works people had to be called in from home. He thanked them for their response and the clearing of the roads . Due to the mud and washes involved, it took him four streets to get home. A couple of hours later, the roads were passable . He thanked public works, the police department and the fire district PUBLIC HEARINGS ORDINANCE NO 1393 , REZONING CASE PZ-3-13, A REQUEST BY ROBB TYLER REPRESENTING ACER HOMES LIMITED LIABILITY CORPORATION AND PARPAC RETIREMENT PLAN, ET AL, TO REZONE AND AMEND A DEVELOPMENT PLAN FOR A 20 ACRE PROPERTY AT THE SOUTHEAST CORNER OF 16TH AVENUE AND TOMAHAWK FROM GENERAL RURAL AND CONVENTIONAL SINGLE-FAMILY HOMES BY PLANNED DEVELOPMENT TO CONVENTIONAL SINGLE- FAMILY HOMES BY PLANNED DEVELOPMENT) ) Senior Planner Rudy Esquivias briefed the council on the item. Councilmember Wilson commented he mentioned the fact there are several horse properties in the area Senior Planner Rudy Esquivias stated that is correct . Councilmember Wilson asked if the potential buyer would be notified there are horse properties nearby. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 3 OF 14 Senior Planner Rudy Esquivias stated they will be as it is kind of a neighborhood overview. There are several general rural properties in the immediate area and some folks down there with horses. They are concerned and want to be acknowledged they were there first . Councilmember Wilson asked if that would be in there . Senior Planner Rudy Esquivias stated they are asking for that to be in their disclosure when they start selling lots . Councilmember Wilson commented he drove around it today and noticed a dirt road running in there that is being used. It comes up to a dead end. Senior Planner Rudy Esquivias stated a stretch of 19th Avenue is going to remain open simply because there are a couple of lots in there that have no other access . There will be some street improvements in certain areas . There is one group of lots that have access on 20th Avenue There is one property that might need to be re- addressed on 20th Avenue instead of 19th Avenue . They are aware of the situation and all the setbacks work out There will be limited street improvements near the other four lots . There is a right-of-way for 17th Avenue but it is not used. It is not bladed. They will continue to have access as they always have Councilmember Wilson commented they had requested bike lanes be included with the improvements on Tomahawk. He asked if that will be a part of the improvements Senior Planner Rudy Esquivias stated there is enough right-of-way there. They will make note of that during the final plat process when they get the improvement plans in He believes the city engineer is already aware of that and it is a standard thing they look for these days . REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 4 OF 14 Councilmember Evans commented they do not have the final house designs . The designs they have are the houses from Jacobs Ranch. Senior Planner Rudy Esquivias stated that is correct . Typically the developer will submit the master plans for all their models during the final platting process . He can bring those exhibits to them when he brings Ask them the final plat Councilmember Evans commented this is just for the rezoning. Senior Planner Rudy Esquivias stated this is for the rezoning and the preliminary plat . Councilmember Rizzi commented she wanted to commend the planning and zoning commission for the work that they did with this developer. She knows they asked for a dog park and an extra ramada. She thinks they did a great job. Councilmember Wilson asked if the homes along the south side will be limited to one story. Senior Planner Rudy Esquivias stated those lots, because of concerns from the neighbors for views being blocked and those kinds of things, will be limited to one story They specifically listed the lots by number in condition number 7 of the ordinance. They are lots 77, 78 , 79, 80, 88 and 92 are limited to one story homes . Councilmember Wilson asked about 93 through 102 Senior Planner Rudy Esquivias stated according to Mr Tyler these folks did not express the same type of concerns as the folks over there These were not specially conditioned to be one story. Councilmember Wilson commented he did not want to do more than one story there REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 5 OF 14 Senior Planner Rudy Esquivias stated they can add a condition if they want or just add those lot numbers to the paragraph Mayor Insalaco requested the applicant address the council . Mr Robb Tyler stated they are proud of what they are putting together and the involvement they have had with the neighborhood. They went door to door in the neighborhood for all the contiguous landowners . They had a very successful neighborhood meeting The concern on the view corridor for the six lots that were deed restricted came from Daphne and Irwin and the Standages . We stood on the property and estimated the horizon. They were really satisfied They believe the one story will block the U Haul but leave the view of the Superstitions so they are looking at this as a double win The owners on 19th Avenue were concerned with not having any of the traffic from the subdivision exiting or entering off of 19th Avenue . They worked with them on that They are aware that as an infill project they have to be very sensitive to the existent neighbors . Their public report will have language about the existent horse properties and the nature of the area in play Anybody coming into this will have to be aware other people were there first and their rights supersede anything else they are fitting into it The neighbors immediately south of 19th Avenue felt there would not be an issue with the view corridor because there would be significant distance between their yards, the landscaping strip, the wall and the housing setbacks . The way they are positioned their view is a different way They are excited it will be a dead end and they will not have to worry about kids on all terrain vehicles ripping through there . They are happy it will be chip sealed and they do not want headlights coming through their windows at night They managed to hit all three of those issues . There was no mention of a height restriction. He has heard some concern about the size. These houses will not be for everybody, but they believe there is a lot of evidence this is a very popular concept First time homebuyers are looking at this as well as people looking to downsize . There are other things they want in life. They feel it serves a very substantial , demographic mean. Other successful subdivisions in the area such as Jacob' s Ranch seem to add a lot of credence to that . REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 6 OF 14 Councilmember Rizzi commented he stated the people on 19th Avenue did not express much concern about the height of the housing. She asked if there were many people who showed up at the meetings Mr. Robb Tyler stated two of the three property owners on 19th Avenue attended. They made calls to the valid numbers and sent letters for public notification It was not that they did not express much; they did not express any even when asked outright . Their concerns were dust, through traffic and headlights . They have heard some concerns about overflow parking They believe with two cars in the garage, two cars in the driveway and one side of the street parking they have 98% of the eventuality covered It is possible there might come a year that has a little more overflow than everybody wanted, but they cannot reasonably try to plan for those scenarios They will make it a model option for someone to have an 18 ' driveway or a 20' driveway With the one side street parking and overflow at the swimming pool and clubhouse, they feel they have done a reasonable job in addressing the parking. They are planning on doing agave-themed landscaping on the view corridor corners and agave with low profile cactus on the entrance monuments Assistant City Manager Bryant Powell asked if these are private streets and if a homeowners association will be in place . Mr. Robb Tyler stated they are private streets, there will be a homeowners association, and they will be hiring a professional homeowners association management company. Part of the services they provide is the 20 year cost of maintenance and they roll it back through proration across the board. Assistant City Manager Bryant Powell stated 20 years from now, when we are all gone, they will come back to the city and we will have some of that . Mr. Robb Tyler stated that is correct All the documentation provided will let them know these are private streets and not the providence of the city to REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 7 OF 14 maintain. Part of the homeowner fee is going to be a rainy day fund for this, trash collection and a couple of other things City Attorney Joel Stern asked if he talked to staff about having no parking signs on 19th Avenue Mr Robb Tyler stated they have not had any discussions on that yet . It seems viable. He would not anticipate a problem with it as it is a long walk around to get in. He is not anticipating any through gates there . That will be in the city' s purveyance It is something that could be approached by this body. Councilmember Evans commented she understands his theory on the models, some offering a bigger driveway than others and being able to park on one side of the street . She asked if there will be anything listed in the CCR' s as far as vehicles extending out into the street or ramifications in the rules and regulations It has happened so much and having the overflow parking situation, she believes he has 7 overflow spots by the clubhouse . Mr Robb Tyler stated it is 7 to 10 . He does not recall the exact layout . Councilmember Evans asked what the actual size will be of the clubhouse . She asked if 7 spots would do it if they had a party there or would there be more overflow parking on the sidewalks Mr. Robb Tyler stated they Aft. will have more overflow parking on the side of the streets . Councilmember Evans commented he still thinks they need a swimming pool more than overflow parking spots . Mr. Robb Tyler stated they do. They will probably have to agree to disagree The amenity of a swimming pool is more desirable to the eventual home buyers here than overflow parking that gets utilized occasionally if ever. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 8 OF 14 Councilmember Evans commented it will sell more but the reality point hits after. Mr Robb Tyler stated he sees where she is coming from and she has mentioned the community pool down the road, but in talking amongst themselves and reaching out to people who are actively selling in this area, they came to the conclusion that the swimming pool is a good +► amenity to have. The one at Jacob' s Ranch gets a lot of use both by winter visitors and the families who own there . Councilmember Evans commented she believe it will be used but the city needs to look at what will happen when they are gone and they have the overflow parking issue. They do not have the same availability to major street parking as some of the other subdivisions do Mayor Insalaco opened the public hearing on the items There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT ORDINANCE NO. 1393 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Barker SECONDED THE MOTION. VOTE • Unanimous The motion carried. City Clerk Kathleen Connelly read the ordinance by title only Councilmember Waldron MOVED THAT ORDINANCE NO 1393 , AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED Vice Mayor Barker SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 9 OF 14 VOTE • Unanimous . (During the vote Councilmember Wilson commented he would have liked to have seen lots 93 through 102 be limited to one story. ) The motion carried. RESOLUTION NO. 13-31, CASE SD-2-13 , A REQUEST BY ROBB TYLER REPRESENTING ACER HOMES LIMITED LIABILITY CORPORATION AND PARPAC RETIREMENT PLAN, ET AL, FOR APPROVAL OF A PRELIMINARY PLAT FOR A 120-LOT SINGLE FAMILY HOMES SUBDIVISION ON 20 GROSS ACRES AT THE SOUTHEAST CORNER OF 16TH AVENUE AND TOMAHAWK Senior Planner Rudy Esquivias briefed the council on the item. Mayor Insalaco commented the applicant does not need to come up again as this pertains to the previous item. He opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO 13-31 , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING A PRELIMINARY SUBDIVISION PLAT FOR THE "BEL AGAVE" SUBDIVISION, IN CASE SD-2-13 , BY ACER HOMES L L. 0 AND PARPAC RETIREMENT PLAN, —'`' ET AL, REPRESENTED BY ROBB TYLER, BE APPROVED. Councilmember Evans SECONDED THE MOTION. VOTE Unanimous . The motion carried. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 10 OF 14 None. NEW BUSINESS APPOINTMENT TO FILL THE VACANCY ON THE SEWER DISTRICT BOARD Mayor Insalaco called for a motion. Councilmember Wilson MOVED THAT JEFF STRUBLE BE APPOINTED TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO 1 BOARD FOR A TERM TO EXPIRE JULY 7, 2014 . Councilmember Serdy SECONDED THE MOTION. Councilmember Waldron MOVED THAT BOB LENZ BE APPOINTED TO THE SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO 1 BOARD FOR A TERM TO EXPIRE JULY 7, 2014 Councilmember Wilson SECONDED THE MOTION. City Clerk Kathleen Connelly stated the vote would be on the first motion for the appointment for Mr. Struble . VOTE• 6-1 (Councilmember Waldron voted in opposition. ) (During the vote Vice Mayor Barker commented she is struggling with this for one reason only The council has set up a policy not to appoint people to multiple commissions and boards and Mr Struble is serving very valiantly on one very important one that does not meet very often They have also tried to set up a policy to have people who have gone through the leadership academy. Mr. Struble has not done so but on the other hand the other nominee does not meet any of that criteria either, so she voted yes ) The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 11 OF 14 .. City Clerk Kathleen Connelly stated there was no need to take a vote on the second nominee. DIRECTION TO STAFF CITY OF APACHE JUNCTION LABOR MARKET ) Human Resources Director Liz Riley briefed the council on the item. A Mayor Insalaco opened the item to council discussion. There being no discussion, he called for a motion Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE CITY OF APACHE JUNCTION LABOR MARKET: THAT WE PROCEED TO ADOPT THE PROPOSED LABOR MARKET OF CITIES AS PRESENTED Vice Mayor Barker SECONDED THE MOTION. VOTE : Unanimous . The motion carried SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5 :45 P.M. AND A WORK SESSION AT 7 . 00 P.M. BE HELD ON MONDAY, AUGUST 19, 2013 , IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 . 45 P.M. BE HELD ON TUESDAY, AUGUST 20 , 2013 , IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Rizzi SECONDED THE MOTION. VOTE. Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 12 OF 14 CALL TO THE PUBLIC: None . ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 :48 p.m. ^` Consent Agenda Items are as follows : 1 Acceptance of Agenda . 2 Approval of Minutes of Regular Meeting of July 16, 2013 3 Consideration of approval on the award of contract to Sunland Asphalt for street maintenance work in partial fulfillment of fiscal year' s 2013-2014 Street Maintenance Plan in an amount not to exceed $1, 448 , 593 . 20 The work would be completed through the Cooperative Purchasing Network Contract #R5225 . ACCEPTED THIS 20TH DAY OF AUGUST, 2013 , BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA SIGNED AND ATTESTED TO THIS 20TH DAY OF AUGUST, 2013 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 13 OF 14 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 6th day of August, 2013 . I further certify that the meeting was duly called and held and that a quorum was present Dated this 12th day of August, 2013 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL AUGUST 6, 2013 PAGE 14 OF 14 Alsk ROLL CALL VOTE NOTES: cljtj (\j-ii/ ITEM # MEETING OF ,LtsAvvrJ oitx MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY 1 COUNCILMEMBER WALDRON ✓ COUNCILMEMBER RIZZI ✓ VICE MAYOR BARKER COUNCLMEMBER EVANS MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEM NOS. 1-3 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. , rtrJ` City of Apache Junction, Arizona 300E Superstition Boulevard Apache Junction,AZ 85119 Agenda Item Cover Sheet Agenda Item No.4 -11.1 File ID: 13-205 Sponsor. Bryant Powell Agenda Date.8/20/2013 Index: In Control. City Council Meeting .ate, Presentation of Certificate of Achievement for Excellence in Financial Reporting as awarded to the city by the Government Finance Officers Association for its comprehensive annual financial report Presentation. The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting and its attainment represents a significant accomplishment by a government and its management Attachments. GFOA Notification, GFOA News Release City of Apache Junction,Arizona Page 1 Printed on 8/12/2013 GD Government Finance Officers Association 203 N.LaSalle Street-Suite 2700 Chicago, iL 60601 Phone(312)977-9700 Fax(312)977-4806 July 29,2013 Bryant F Powell Assistant City Manager �• City of Apache Junction 300 East Superstition Boulevard Apache Junction AZ 85119 Dear Mr Powell We are pleased to notify you that your comprehensive annual financial report for the fiscal year ended June 30, 2012 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management The Certificate of Achievement plaque will be shipped to: John C.White Finance Manager under separate cover in about eight weeks We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. A sample news release is enclosed to assist with this effort. in addition, details of recent recipients of the Certificate of Achievement and other information about Certificate Program results are available in the "Awards Program" area of our website,www.gfoa.org. We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting Sincerely, Government Finance Officers Association Stephen J. Gauthier, Director Technical Services Center SJG/ds Government finance Officers Association 203 N.LaSalle Street-Suite 2700 Chicago, IL 60601 Phone(312)977-9700 Fax(312)977-4806 07/29/2013 NEWS RELEASE For Information contact: .► Stephen Gauthier (312)977-9700 (Chicago)--The Certificate of Achievement for Excellence in Financial Reporting has been awarded to City of Apache Junction by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting,and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the award-winning CAFR. This has been presented to: Donna M. Meinerts,Finance Director The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure"to clearly communicate its financial story and motivate potential users and user groups to read the CAFR The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals with offices in Chicago, IL,and Washington,D.C. City of Apache Junction, Arizona 300 E Superstition I Boulevard 5 Apache Junction,AZ 85119 Agenda Item Cover Sheet Agenda Item No.5. File ID: 13-195 Sponsor George Hoffman Agenda Date•8/20/2013 Index In Control City Council Meeting City manager's report Presentation and discussion Attachments City of Apache Junction,Arizona Page 1 Printed on 8/12/2013 PUBLIC HEARING 1. For APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES PERMIT FOR LOST DUTCHMAN FRATERNAL ORDER OF EAGLES#3850 FOR SEPTEMBER 28,2013. 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item9 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion9 7. Call for a motion. 8. Call for a second. 9. Roll call vote. =~ rn,� Cityof Apache Junction, Arizona 300 E Superstition 4 Boulevard " Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. File ID: 13-225 Sponsor Kathy Connelly Agenda Date 8/20/2013 Index. Local/State/Federal Statutory Requirement In Control. City Council Meeting p Application for a temporary extension of premises permit for Lost Dutchman Fraternal Order of Eagles#3850, located at 2315 South Coconino, for September 28, 2013 This public hearing is the next step in the procedure The city council shall make a recommendation of approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action. Attachments.2013 eagles 3850 September 28 cc, 2013 eagles 3850 september 28 application, 2013 eagles 3850 City of Apache Junction,Arizona Page 1 Printed on 8/12/2013 AUGUST 8, 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R. HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR AUGUST 20, 2013: APPLICATION FOR AN EXTENSION OF PREMISES FOR FRATERNAL ORDER OF EAGLES #3850 An application for an extension of premises has been submitted by Mr. William Kimball of Fraternal Order of Eagles #3850 for September 28, 2013 at 2315 S. Coconino, Apache Junction Correspondence has been received from the planning division, police department and fire district, a copy of which is attached. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control. ARIZONA DEPARTMENT OF LIQUOR LICE,.ES & CONTROL 800 W Washington 5TH Floor 400 W Congress#521 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602)542-5141 (520)628-6595 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR Q Permanent change of area of service—Give specific purpose of change. Temporarychange for date(s)of 9 Z8 2d/3 S yr)r f 55 1/� e rso,Ocil�/'•S lfill p � / P 1. Licensee's Name. Viti9 aJA I d I'll I o Last First Middle 2. Mailing Address pp et74 I'UJ Apre kb d vfilindziped+i 3. Business Name Lk Du.\ R6 3S0 LICENSE lk JAI I 1 601 4 Business Address. GJ I & LI00.0 Lo t110 & ith littliaint. Poll A3 55I2'0 City COUNTY State Zip 5. Business Phone:( L ) "fS3-- M0 I Residence Phone. (4p:0) 114 . 1033 6 Do you understand Arizona Liquor Laws and Regulations? IFil YES CI NO FAX# ( 4eo) Q82'es-u 7 Have you received approved Liquor Law Training? 0 NO ® YES When? 8. What security precautions will be taken to prevent liquor violations in the extended area? UM k)u.t air/NUJ 9 Does this extension bring your premises within 300 feet of a church or school? CI YES ill NO 10. )MPORTANT ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOl PROPOSE TO ADD. "*`After completing sections 1-9,take this application to ur local Board of Supervisors,City Council or Designate for their recommendation. This recommendation is not bin ding on the Department of Liquor. Thrs change in premises is RECOMMENDED by the local Board of Supervisors,City Council or Designate (Authorized Signature) (Title) (Agency) I, �,L1i &,' ]i M�7�JL 1 1 , being first duly sworn upon oath, hereby depose,swear and declare, (Print full name) under penalty of perjury, that I am the APPLICANT making the foregoing application I have read this application and the content and all statements are true,correct and complete. /� ,� < State of ,/5� 2. County of ' 1�aX���,-, �� �, M ESENCE AND SWORN TO before me this date (Signature of Owner or Agent) ' ,Plib1c-81Med I. • ' e Iir `i:ititrii_it�.,~t.r�f.L-st, Month lef/jrzi Y r My commission expires on '/ /d/16 - 91 :2 Wd 621(11 EI V ' re of NOTARY PUBLIC Investigation Recommendation❑Approval ❑Disapproval by: Date: 'Ida) )41313 A 113 Director Signature required for Disapprovals C13A 13338 Date: 1 d LO 0 EAST 160 R) Cr 30' 30' #, S89 56•3 E 159.69' i. 76. 1 ' .. (Ni ,� 63.5' .� a w w 0 _ 1 0 : OL J � �i l`p, - / N ,c w o w ois ) o z U 0 X N ' a'"38� =I ici- Z Z f- 0 I L. �J LE 41, ,r,,,, Q 0 Z 0 Q 1 b ` z 1 z! ASPHALT (TYP) • i I 30' 30 S8 ` 56 1 • 59. EAST 160'(R) I FENCE IS FENCE IS @ reNi2 SOUTH 0. 1 ' SOUTH 1 I .� N. ge Htc . ODI5 4. --' \ In P I I ) (.,. 31 . a; 20 rn a I ow- ,� T- IL . e-olcips c6('' 49,-, 009 1r3 4§ N89`58'OO"E { a e 3cO1 , cznicr r VI INONTY� RECORD OF SURVEY rME or MIZOIM i BlKNOMIY AYE LOTS 380-386, SUPERSTITION VILLA COMM°F PM.' ION BOOK 12 OF MAPS. PAGE 39 I F away VIVA SN dl4n AWYIMFR N KI SECTION 29 theCandy 1 ALSO BEING A PORTION OF THE tAST 1/4 CORNER fled _ __ 11 .9 i SOUTHEAST 1/4 OF SECTION 29 SECTION 29 Nape w�,�a - - `N113 TOWNSHIP 1 NORTH, RANGE 8 EAST "" "AM"°'Record, ! • GILA AND SALT RIVER BASE AND MERIDIAN "1 {r2� Nut/ SOf/=IPN AYE hin ma ,�1._ ' PINAL COUNTY, ARIZONA T.`I END 5/8� — — w END 5 '° , I o 6?6J• n N69'S9'35't 435.55 .$3 MONUMENT ) 1 NOT END . :.. ® 22nd AVE. R— --- ALSO END PK NAIL LS 16097. 1 WEST NA — �-- LEGAL DESCRIPTION r — 20'� — — — — ` LOTS 3 0T11RDIA I3B6MKtUSIYE; STIPE7PSTTTION VILLA,ACCORDING I I 50• TO BOOK 12 Of AMPS PACE 39,AND REDEDICATED IN wsna I47 AZ\N T J0.130. Iry I ARIZONA.RECORDED W DOCKET 43o PAGE 600 RECORDS OF POOL LbUN1Y �p I I • END 2' PIPE SCALE I._ 60 I a IN CONCRETE „I I I i OWNER 30 C �0.4 WEST n N LOST DUTCHMAN ALINE j3850 FRATERNAL ORDER OF EAGLES, WIC ® I a- 1.o�j95 N a I I I- 43 1 -� s�T' I NOTES 1 1 V ^n f I I 1-OEARIAcS AND DISTANCES SHOWN ARE MEASURED OR CALCULATED 1 U 1 '. ` I UNLESS NOTED OPI 644E T ` I I n, MO RA 2-n«s SUQYE, s4 is SE0 ON of MuP10wfl DEEDS RECORDED IN IQ 19 LOT UNE DOCKET GE 318 AND FEE NO. 2000-016853, AWL COLPFTY LEGEND T -EAST 1601R) I ) ) I sr RO3.AND fONin° i ATm.E REAaPT �S7RUCI�DNs As P60910Ea _ 30 i 30 Ss938'3'E 159.Q99 J• Cl !a! OTTER EASE31E?175 R/GMS-CF-WAY OR O/ M4TTE65 OF Ti1T • END 1ND /2-MAR, AFF I I I 76 1' n - I I K A WY AFFECT THIS s//E ARE NOT SHOWN HEREON. / 63.5' ® g LOTS 0 ,re, ENO 1/2-REEMR• • LS 16388 I $�$ L_� �4 196'Att I u J-THIS AMP DOES NOT PURPORT TO YERF1'THE OIYNFRRS'IOP OF ANY (UAP£SS NOTED OTHERIf1SE) rc •! n w.. PROPERTY SHORN OR INVOLVED IN THIS SUNSET ACTLML OWNERSHIP p+2 • ASPHALT(lYP) n n e nY' LIVES AMY EC AFFw ItO 8Y MONUMENTS, LANES OF DCOUI4170"AND/ • MD MONUMENT AS NOTED 18o,- ^'" I 10 F OR OTNER THE UNMPT►EN ROBS /i IS THE 0PINKMV OF THE UNDERSIGNED ® IN HAND ALL HOLE r �I^J" C LOtS ,to I gg BEST REPRE COCA oOMO mit MONUMENT L4E OG NOT AC DOES NOT Fret) FOUND Il tr!� °J � o z 4-fibs SITE(LOTS 380-386 COMBINED)cCNTAIAIS 0.64 ACRES. NA NOT ACCEPIED I $3 3 I I () sllmtr(a) I ASPHALT(TYP) . AFT cC4'/TAC LS 217 3 D 130• 30•I .,.,, sy..- I I I CERTIFICATION ` FENCE I EAST 160'(R) I I I HEREBY CERTIFY THAT THIS SURVEY WAS WOE ON THE GROUND — EDGE OF PAVING i FENCE IS FENCE IS 1 OVER MY SUPE'RLRS97N AND IS TRUE-AND CORRECT T11 THE BEST a¢0.5• SOUTH 0 1' SOUTH I I I OF MY KNO11LEDCE AND BELIEF BOB BASIS OF BEARINGS F•. .;,r Z>. TYP TYPICAL T1oo �dT574 .ir 50' M^ e�" (R) RECORDED WOK 12 PAGE 39 I I \ 0 376^3 ) ffi ao120'I J I hm 1124:04//4% ® !_STORY!WILDING — ` - //— ^� L_ — — — '� .WIES A R.tS #21773 0 Tyr R 'R MIRES 0'E N6B•56.0 (R) 3-31-12 - _ N8554'4rE 439 79 _ PARTIAL LIST OF AODII7ONAL SOUTHERN AVE BOOK f SUNSETS, PAGE I04 CHISELED xDOCUMENTS REVIEWED D ON SOUTHEAST CORNER PLDILIl I LAND SURVEYING, INC. T SECTION 29 PAGE AY 185 SOUTH MOUNTNN VIEWROADSWIMDOE BOOK 19 OF S VIM APACHE JUNCTION, ARIZONA 85119 As M3. - PH 480-982-0413 09-0eo4 Amok T1TA. J. MOUNTED RANGERS P.0. Box 699 ARACIZ MINCTION, ARIZONA. 85217-0699 CONTRACT AGREEMENT Rz: SpmcaRirr Szarsms CLIENT: Arigigd 54" z • e":71 ,_.5 Was mazsrattrf, imam Exam= HI IOU ("CLIENT") Ago A. DULY A.KrrnoEtall mem. OF CORA (TIRANGERS") , THIS DOCUMENT WILL CONSTITUTE OUR AGREEMENT VIAGREIDONTal CONC:ERNMG CLIENT'S EMPLOY ING THE RANGERS TO RENDER TEE SERVIME SET kuittsl BELOW,, THE romovanc ARE THE BASIC TERMS Cr OUR AGREEMENT MADE ENTECTTVE THIS DAY OF j_ily A. SEEM/MS CLIENT MGACES RANGERS TO PERFORM THE SERVICE IN— , DICATED BELOW ERBEZEG THE SPEC-17=D TEEN AND IN THE PRESCRIBED LOCATION 1 SUBJECT TO TEE EXCEPTICSIS, LIMITATIONS,AND RESTRICT/ORS, IF ANT, SET FORTH HEREIN. 1. RANGERs WILL BROVISIE Zri i---67/9C(2y"c-j 4e) 7 ,//) ()5 (1.1.2) ) c r•, (--"s r- 2. RANGERS WILL ASSIST ( , \ \_ (0C. • 1 • A A. T. MOUNTED RANGERS / /1 ) CONTRACT AGREEMENT DATED < () l L( �( 6 ,20 RE: SECURITY SERVICE$ (CC7r NCED) ' � I } 3. IT IS. UNDMSTOCCI ANa AGacea TAT RANGERS DUTIES ON BEHALF OF CLIENT SHALL BE tavaTzn '_YC TrE S c.Ia}C SERVICES EXPRESSLY PRCWME.13 FOR HEREIN' AND TEAT N€ITd R CLIENT OR ART OF ITS REPRESENTATIVES SHALL BE OR HOLD THEMSELVES. °TI' AS BEING AUTHORIZED AGENTS OF RANGERS NOR SHALL HANS At++ POKER IMATSOEVER TO EGI E INTO ADDENDOME OR CHANGES OR COMMIt'2 ENT& BINDIN UPON '..rst RANG RS. 1 i 4. DUTY WU L ON •C b + 2 0 AND WILL C -CLODE ON - � �{' 9Y} , 2 fl Q 3 TIMES WILL BE B. FEES • 1 . CLIENT SHALL - -IMBVASF RANGERS FOR AL/W1ICIJ EXPENSES SY RANCR RS Ibi :4• :•-•.... GMIX SMTICES o 'QM= JEN EARA BAPR A. 2 . CLIENT SHALL PAY .• »+ A SEASTI r. FEE TOTALLING: $ US DOLLARS ( ) AS mmusitzr AGREED UPON BY OFFICERS or TYE RESPECTIVE Noi +-s. PAmmEwr or THE SERVICE FEE HILL BE MARE AS LISTED BE • .. 4 3 . LjNPAIA BALANCES - w- 30 DAIS WILL BE SUBJECT TG A SERVICE CHARGE OF I PERCENT EA MONTH ON PRINCIPAL am= PAID rc FT",Tr. 2 A... J. MOUNTED RANGERS CONTRACT AGREEMENT DATED 3 („t 200 RE, SRCURITY SERVICES (CONTINUED) colarr f YOUR AGREEMENT TO THE FOREGOING BY SIGNING BELOW AS INDICATED. nit WITiWrss WHEREOF THE PARTIES HEREBY AGREE- A- J. MOUNTED RANGERS BY: ( c TITLE: s 1.s_k �� 11- 1 \r— AGREED AND ACCEPTED 9Y: '� / `� civ7 ( TITLE: n t • ri+,565#46iste,jamirie454„, - Home of the Superstition Mountains • July 27, 2013 William Kimball Lost Dutchman Fraternal Order of Eagles #3850 P.O. Box 1785 Apache Junction, AZ 85117-1785 Dear Mr Kimball Please be advised that your application for an Extension of Premises for the Lost Dutchman Fraternal Order of Eagles #3850 for September 28, 2013 at 2315 S Coconino has been scheduled for a public hearing The Apache Junction City Council will hold a public hearing on August 20, 2013, at 7 00 p.m in the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. Your attendance is requested should council have any questions on this application If you have any questions concerning this matter, please contact my office at (480) 982-8002 Sincerely, ezy.6,_74_z44-,a4 Kathleen Connelly City Clerk •Voice(480)982-8002 •FAX(480)982-7018• TDD(480)983-0095 •www ajcity net 300 E Superstition Boulevard, Apache Junction,AZ 85119 JULY 29, 2013 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK fLt/ FROM: JAN MASON, DEPUTY CITY CLERK �)y SUBJECT. APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR LOST DUTCHMAN FRATERNAL ORDER OF EAGLES#3850 Mr. William Kimball has submitted an application for a temporary extension of premises for September 28, 2013 at the Lost Dutchman Fraternal Order of Eagles #3850, 2315 S. Coconino, Apache Junction. Please conduct the necessary inspections and submit your recommendation be email by Wednesday, August 7, in order for this item to be placed on the agenda for the City Council meeting of August 20, 2013. Janet Mason From: Rudy Esquivias Sent: Tuesday, August 06, 2013 6 36 PM To: Janet Mason, Jeff Robinson Cc: Brad Steinke Subject: RE temporary extension of premises for Eagles#3850 Jan: The Planning Division does not object to this one-time event request. However,we recommend that the event organizers do the following three things: 1) prior to the event,with a water truck wet down the temporary parking lot or any unimproved parking areas to mitigate dust during the event, 2) in addition to the security personnel, we recommend temporary security fencing or barriers be placed around the event area to prevent people from exiting the site with liquor, and 3)please be cognizant that the later the music plays,the more likelihood of noise complaints from surrounding residential areas crnuivias Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7 00am to 6 O0pm, closed Fridays and Holidays.) From:Janet Mason Sent: Monday,July 29, 2013 4:30 PM To: Jeff Robinson; Rudy Esquivias Subject: temporary extension of premises for Eagles #3850 I have received a temporary extension of premises permit for September 28 from Eagles#3850 Please have your department recommendation to me no later than Wednesday,August 7. Thanks. i Janet Mason From: Glen Durkin Sent: Saturday, August 03, 2013 12.07 r)M To: Janet Mason Cc: Jeff Robinson, Glen Durkin I contacted the new owner, Dennis Plzak, at Handlebars 650 W Apache Trail, regarding this application. Dennis told me, at this time, nothing will change since Jeff Golizio owned it.They will be owner operators, but will retain one employee that has, and currently, works at Handlebars. I did not find any challenges with this application, I went to the Eagles #3850 regarding their application for a temporary extension of premises. I spoke to Mike Reed. Mr Reed told me they have a committee for the finalization of this event. I did suggest fencing or a barrier for their event and included the need for trash, parking being monitored ect.. He did tell me(and its in their application) the the AJ Mounted Rangers, would be providing their security and monitoring the people attending the event for underage and over consumption. I did not find any challenges with their application. Sgt Glen Durkin Apache Junction Police Department Apache Junction, AZ 85219 a a Zr 01 AI Z Apache junction Fire District . ; ,� .,�.,a„ `,� 565 North Idaho Road, Apache Junction, AZ 85219 e District �Eain�x Phone (480) 982-4440, Fax (480) 982-0183 ' 'Nem.ttaM1''1• MEMORANDUM TO: Jan Mason,Deputy City Clerk City of Apache Junction 300 E Superstition Blvd Apache Jct,AZ 85219 FROM. John Sumga,Deputy Fire Marshal 11 DATE August 1,2013 SUBJECT Application for Extension of Premises—2315 S.Coconino,Apache Jct.,AZ The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 2315 S Coconino, (Fraternal Order of Eagles #3850). We have recently completed an annual fire and life safety inspection with no major violations found We therefore would recommend approval of this application Thank you for your notification on this matter If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440 Thank You JOS ATTN Application 1 /'k ROLL CALL VOTE 1, NOTES \ ' (iy/ _ )C6\11) /'\ i \I %6\ )„ yoAcA 14,f) [,. licii-' ITEM #____\ MEETING OF r p.AA &/1p4i, MOTION BY: SECONDED BY. YES NO ABSTAINED COUNCILMEMBER RIZZI COUNCILMEMBER WILSON VICE MAYOR BARKER COUNCILMEMBER SERDY DER EVANS COUNCILMEMBER WALDRON ✓ MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL vmv ITEM NO. 6 I MOVE THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES PERMIT FOR LOST DUTCHMAN FRATERNAL ORDER OF EAGLES #3850 FOR SEPTEMBER 28, 2013, SUBMITTED BY WILLIAM KIMBALL, BE RECOMMENDED FOR (APPROVAL) OR (DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL PUBLIC HEARING eN 1. For APPLICATION FOR AN INTERIM PERMIT,PERSON TRANSFER, LIMITED LIABILITY COMPANY, SERIES 7 LIQUOR LICENSE FOR HANDLEBAR PUB AND GRILL 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. City of Apache Junction, Arizona 300E Superstition Boulevard 'ICI Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7. . File ID: 13-235 Sponsor. Kathy Connelly Agenda Date.8/20/2013 Index- Local/State/Federal Statutory Requirement In Control. City Council Meeting Application for an interim permit, person transfer, limited liability co , series 7 liquor license for Handlebar Pub and Grill located at 650 West Apache Trail This public hearing is the next step in the procedure The city council shall make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action Attachments 2013 handlebar pub and grill 7 cc,2013 handlebar pub and grill application part 1,2013 handlebar City of Apache Junction,Arizona Page 1 Printed on 8/12/2013 AUGUST 8, 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR AUGUST 20, 2013: APPLICATION FOR A LIQUOR LICENSE FOR HANDLEBAR PUB AND GRILL An application for an Interim Permit, Person Transfer, Limited Liability Co., Series 7 Liquor License has been submitted by Ms Patricia Candace Plzak for Handlebar Pub and Grill located at 650 W. Apache Trail, Apache Junction Correspondence has been received from the police department, planning department and the fire district, a copy of which is attached Please note the conditions contained within the planning department recommendation. A follow up email was sent to the applicant to advise them of these conditions The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control. Arizona Department of Liquor Licenses and Control BOO West Washington,5th Floor w Phoenix,Arjlztna 85007 ' - ;,.AfWw.aziiquorgov ;; • • '_.,602-542-5141, r-_ . APPLICATION-P PR 1,IQCIOR,LICONSE =� ,: TYPE OR PRiiNT WITH.BLACK INK •�- :. Notice: Effective Nov,1,1997,All Owners.Agents.Partners,Stockholders.Officers;or l{tanaper;actiwlv.lnvoived in the day to day operations of the business must attend a Department approved liquor law tralnftgctfurmt!'brprovlde_pioof of atlendancewithin the last five years. See page 5 of the Uquor Ucensing requirements: _ SECTION 1 This application is for a: - : = SECTION 2 Type of ownership: rt.) ❑MORE THAN ONE LICENSE L,. [S INTERIM PERMIT Complete Section 5 . 0 J.T.W.R.O.S Complete Section 6 0 NEW LICENSE Complete Sections 2,3,4, 13, 14, 15,16 '• ❑ INDIVIDUAL Complete Section 6 3C PERSON TRANSFER(Bars&Liquor Stores ONLY},_ w '_, 0 PARTNERSHIP Complete Section 6 Complete Sections 2, 3,4, 11, 13, 15,11.6 , ;.' `:NO CORPORATION Complete Section 7 ❑LOCATION TRANSFER(Bars and Liquor StoiesfONLY) 4`x lTr ;',_RI LIMITED LIABILITY CO Complete Section 7 Complete Sections 2, 3,4,12.13 15, 16 .' am r-' Cl CLUB Complete Section 8 ❑PROBATE/WILL ASSIGNMENT/DIVORCEDECREE - ` ; 0 GOVERNMENT Complete Section 10 Complete Sections 2, 3,4,9, 13, 16(fee not required) ¢ . Cl TRUST Complete Section 6 ❑GOVERNMENT Complete Sections Z,3,4, 10, 13,..15,16 0 OTHER(Explain) SECTION 3 Type of license and fees LICENSE#(s); 07116000 1 Type of License(s): Beer and Wine Bar ,rl Department Use Only �7 2.Total fees attached: $ 2 !O. APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE)ARE NOT REFUNDABLE. The fees allowed under A.R.S.44-6852 will be charged for all dishonored checks, SECTION 4 Applicant 1 Owner/Agent's Name: Dmr©Ms.Pizak Patricia CC L4— ?1 ov cl$( (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.L.0 :Plzak Enterprises LLC 131(LSD LP 51 (Exactly as it appears on Articles of Inc or Articles of Org) 3 Business Name Handlebar Pub and Grill (Exactly as it appears on the exterior of premises) 85220 ec.e 4 Principal Street Location 650 W Apache Trail Apache Junction Pinal -854-29 No)352.4. (Do not use PO Box Number) City County Zip 5 Business Phone 480-982-2091 Daytime Phone 480-516-2619 Email:PPlzak@cox.net 6. Is the business located within the incorporated limits of the above city or town? t YES ONO 7. Mailing Address:650 W Apache Trail Apache Junction AZ 85120 City State 8. Price paid for license only bar, beer and wine,or liquor store:Type 07 $5000 .00 Type $ DEPARTMENT USE ONLY Fees: 4 i``. 8 lob �� t t<'A Application interim Permit Site Inspection Finger Prints $ a L)- TOTAL OF ALL FEES Is Arizona Statement of Citizenship&Alien Status For State Benefits complete? Se YES ElNO Accepted by: Date: 1 I( 1 i 3 Lic.# DM I bcoo 117n013 `Disabled individuals requiring special accommodation,please call(602)542-9027. 1 SECTION 5 Interim Permit: 1. If you intend to operate business when your application is pending you will need an Interim Permit pursuant to A.R.S 4-203 01 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. o t la 00(T) 4. Is the license currently in use?T(ES❑NO If no,how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. 11 l.�w1K� jLrL�C3 , declare that I am the CURRENT OWNERGENT�CLUB MEMBER, PARTNER, (Print full name) �� // MEMBE >CENSEE(circle the title which applies)of the stated license and location/ RI State of,..6. z,7,. County of�1G-f;c 0ia4 X The foregoing instrument was acknowledged before me this (Signature) Mycommission expires on OZ (t 3 1 l MARIO LASHON LI b r` day of � lar it. NOTARY PUBLIC-A' :,4,,,:4/1: 44,�MARICOPA COU' e ° it:,`'.4^ My Commission Ex• re of NO UBLIC) February 13,201 t3 SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT"TYPE FINGERPRINT CARD,AND$22 PROCESSNG FEE FOR EACH CARD. 1 Individual. Last First Middle %Owned Mailing Address City State Zip Partnership Name:(Only the first partner listed will appear on license) General-Limited Last First Middle %Owned Meiling Address City State Zip ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ) Y R A S S E C E N F I T 2 Is any person,other than the above,going to share in the profits/losses of the business? ❑YES ❑ NO If Yes,give name,current address and telephone number of the person(s). Use additional sheets if necessary. Last First Middle Mailing Address City,State,Zip Telephone# 2 SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT"TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH CARD. ❑ CORPORATION Complete questions 1,2,3,5,6, 7,and 8. L.L C. Complete 1, 2, 4,5, 6, 7,and 8. r+ Plzak Enterprises LLC W 1 Name of Corporation/L.L.0 (Exactly as it appears on Articles of Incorporation or Articles of Organization) 2. Date Incorporated/Organized 06/20/2013 State where Incorporated/Organized Arizona W 3. AZ Corporation Commission File No2—gS Date authorized to do business in AZ:Bff'—' 4 AZ L.L C File No L18555402 Date authorized to do business in AZ 06/24/2013 �. 5 Is Corp./L.L.C. Non-profit?❑YES®NO 6. List all directors, officers and members in Corporation/L.L C ;s Last First Middle Title Mailing Address City State Zip Plzak Patricia Cand6Cr3. Member 3501 E Campbell Rd Gilbert AZ 85234 Plzak Dennis Mtchat.1 Member 3501 E Campbell Rd Gilbert AZ 85234 (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders who are controlling persons or who own 10%or more: Last First Middle %Owned Mailing Address City State Zip Plzak Patricia CgndOL2.. 50 3501 E Campbell Rd Gilbert AZ 85234 Plzak Dennis MI ciat.1 50 3501 E Campbell Rd Gilbert AZ 85234 (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L L C is owned by another entity,attach a percentage of ownership chart, and a director/officer/member disclosure for the parent entity. Attach additional sheets as needed in order to disclose personal identities of all owners. SECTION 8 Club Applicants. EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM UC0101),AN"APPLICANT'TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH CARD. 1. Name of Club Date Chartered: (Exactly as it appears on Club Charter or Bylaws) (Attach a copy of Club Charter or Bylaws) 2. Is club non-profit? ❑YES CI NO 3. List officer and directors' Last First Middle Title Mailing Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 . < `Tt'.•ti�IL !l � = ^�1� .+I''ie• ;..` -J.11,:1• V]/. _/'J' ..F .1,„,.'`/lt ...f \0. 7.�•-\W 16 `rJ 1? • STATE OF ARIzONA 72. ` DEPARTMENT Of LIQUOR LICENSES CONTROLAND • .` , ski ..• - ALCOHOLIC BEVERAGE LICENSE • .., -- L • 071 16000 ,... . si .:.. , (i.„...,., - ...1 .,,,,a: (v,3...,... _ ....‘: i .„:. ....._ $,.1i, ....,,,,3.: . ,: .4 Issue Date: 11/5/2010 Expiration Date: 8/31/2014 , ?. `i Issued To _ �,_•. ... ' ' Beer & Wine Bar -, JEFFREY LAWRENCE GOLZIO,Agent y i a1 JACK ASH HOLDINGS INC,Owner Mailing Address. , ls JEFFREY LAWRENCE GOLZIO ,; • ",Location JACK ASH HOLDINGS INC • t 1 C j HANDLEBAR PUB&GRILL ;,5«\;; 'z F 650 W APACHE TRL HANDLEBAR PUB&GRILL r� t,,%,,,.% APACHE JUNCTION,AZ 85220 936 W APACHE TRL ' , 1 , �, APACHE JUNCTION,AZ 85220 r • ''r 1:Nr :10 r `'1 POSTTHIS LICENSE IN A CONSPICUOUS PLACE I v.:::,raT, a A-,,,...., fr.rx.445.1/4„ ,oe,,,,,r-,,, ,,to .,,...0.- 1/441„.., ,, , ,,,,..r.r,14,,,,li,„„ck,,,..., .., I ., itk 5 L: 4*S.k" ' W5‘'.4 ' . - 1 rFy _d�� ! yr+ •! • ! • • ! ! ! • • /`� ! •/�i{.�� �/�.. •:• y y . ,, ._ - 'v,, .P -__, „,:,..y1•"r-_ .i i--_---_ ........ . !/e.l', - '4ltit SsU�:' t SECTION 9 Probate,Will Assignment or Divorce Decree of an existing Bar or Liquor Store License: 1 Current Licensee's Name. (Exactly as it appears on license) Last First Middle 2 Assignee's Name Last First Middle 3. License Type License Number Date of Last Renewal 4 ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL,PROBATE DISTRIBUTION INSTRUMENT,OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION SECTION 10 Government: (for cities,towns,or counties only) w c.. 1 Governmental Entity: 1F ER 2. Person/designee Last First Middle Contact Phone Number 144 A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS UQUOR IS SERVED. n SECTION 11 Person to Person Transfer: ..0 Questions to be completed by CURRENT LICENSEE(Bars and Liquor Stores ONLY-Series 06,07,and 09) 1. Current Licensee's Name Golzio Jeffrey Lawrence Entity Agent (Exactly as it appears on license) Last First Middle (Indiv,Agent,etc.) 2. Corporation/L.L C Name.Jack Ash Holdings Inc. (Exactly as it appears on license) 3 Current Business Name Handlebar Pub and Grill (Exactly as it appears on license) 4 Physical Street Location of Business:Street 650 W Apache Trail City, State, Zip Apache Junction AZ1t511 —'852 L o eat' 5. License Type Beer and Wine Bar License Number:07116000 6 If more than one license to be transfered License Type License Number. 7 Current Mailing Address Street 1245 N Raven (Other than business) City,State,Zip Mesa AZ 85207 3. Have all creditors, lien holders, interest holders, etc been notified of this transfer? 0 YES ❑ NO 9 Does the applicant intend to operate the business while this application is pending? El YES ❑NO If yes, complete Section 5 of this application, attach fee, and current license to this application 10 I,Jeffrey Lawrence Golzio , hereby authorize the department to process this application to transfer the (print full name) privilege of the license to the applicant,provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue. I. Jeffrey Lawrence Golzio ,declare that I am the CURRENT OWNER,AGENT,MEMBER, PARTNER (print full name) STOCKHOLDER, or LICENSEE of the stated license I have read the above Section 11 and confirm that all statements are true, y(-.•'111 • _.� r= State oatz.iii.4 County i t ,, LAI" ignature of CURRENT LICENSEE) The foregoing instrume was acknowledged ddgbeefore me this .,,�. MARIO LASHON LIDDELL^,ICJ f�'`' cr20 f 5 _ :''�t NOTARY PUBLIC-ARIZONA D. t Month Year My commission expires on UZ ' '' ' _ ••, • NTY My Commission Expires February 13,2016 (S t natu - • A SECTION 12 Location to Location Transfer. (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE 1. Current Business. Name (Exactly as it appears on license) Address 2. New Business Name (Physical Street Location) Address 3. License Type: License Number. 4. If more than one license to be transferred License Type' License Number 5. What date do you plan to move? What date do you plan to open? r SECTION 13 Questions for all In-state applicants excluding thonsagyinalaguslanisrptjagjempigung r restaurant licenses(series 5, 11,and 12): 3 A.R.S 4-207(A)and(B)state that no retailer's license shall be issued for any .A. § premises which are at the time the license application is received by ,;b the director,within three hundred(300)horizontal feet of a church,within three hundred(300)honzontal feet of a public or private school building with rU kindergarten programs or grades one(1)through(12)or within three hundred(300)honzonal feet of a fenced recreational area adjacent to such school building The above paragraph DOES NOT apply to. a)Restaurant license(§4-205.02) c)Government license(§4-205.03) b)Hotel/motel license(§4-205.01) d)Fenced playing area of a golf course(§4-207(B)(5)) • 1. Distance to nearest school' I I,(yi lie ft Name of school AO CACh_ 3-+->,lt.1-.)00 /4+'',1k 5 JUDO Address c95, 5 S p che„�,,rrc}, lr iZ g 5120 City, State, Zip 2. Distance to nearest church: 2-S-O 0 ft. Name of church 11 r 3c,p-h5+ CMv r Address 1Q, 5 `rn,-,nd_t-oira, Dr•Apctic jr,i(-4,orl ,A 1I'S(ZO City, State, Zip 3. I am the. tg Lessee ❑ Sublessee ❑ Owner ❑ Purchaser(of premises) 4. if the premises is leased give lessors Name LA)Gy fl(, n'E S 5 Address iiqj(33 F- ri.)L, ('U'O{f St , tit'_Sa . AZ Y Z 1 3 City, State,Zip 4a Monthly rental/lease rate$ r' Z up What is the remaining length of the leasea yrs. mos 4b What is the penalty if the lease is not fulfilled? $ -{7 or other (give details-attach additional sheet if necessary) 5 What is the total business indebtedness for this license/location excluding the lease?$ —A-- Please list lenders you owe money to Last Rrst Middle Arrant Oned Mailing Address City State Zip (ATTACH ACOIT Y IAL SHEET IF NECESSARY)6 What type of business will this license be used for(be specific)? Pu k b}et r ) lJJ t ri� G(YI 1 FL L •0 d. 5 �J SECTION 13 -continued 7 Has a license or a transfer license for the premises on this application been denied by the state within the past one(1)year? ❑ YES El NO If yes,attach explanation 8 Does any spirituous liquor manufacturer, wholesaler,or employee have any interest in your business? 0 YES `_' NO 9 Is the premises currently licensed with a liquor license? 1 YES 0 NO If yes, give license number and licensee's nameQ& License#07116000 (exactly as it appears on license) Na e4(}' 3 ey L (�, ```---��� • .0 SECTION 14 Restaurant or hotel/motel license applicants. 1. Is there an existing restaurant or hotel/motel liquor license at the proposed location? 0 YES 0 NO ER If yes,give the name of licensee,Agent or a company name and license#• r- Last First Middle r1 2 If the answer to Question 1 is YES,you may qualify for an Interim Permit to operate while your application is pending, consu4 A.R.S. §4-203.01,and complete SECTION 5 of this application. 3. All restaurant and hotel/motel applicants must complete a Restaurant Operation Plan(Form LIC0114) provided by the r y Department of Liquor Licenses and Control 4 As stated in A.R S §4-205.02.G.2,a restaurant is an establishment which derives at least 40 percent of its gross revenue from the sale of food Gross revenue is the revenue derived from all sales of food and spirituous liquor on the licensed premises By applying for this 0 hotel/motel 0 restaurant license, I certify that I understand that I must maintain a minimum of 40 percent food sales based on these definitions and have included the Restaurant Hotel/Motel Records Required for Audit(form LIC 1013)with this application applicant's signature As stated in A.R S §4-205 02 (B), I understand it is my responsibility to contact the Department of Liquor Licenses and Control to schedule an inspection when all tables and chairs are on site, kitchen equipment, and, if applicable, patio barriers are in place on the licensed premises. With the exception of the patio barriers,these items are not required to be properly installed for this inspection Failure to schedule an inspection will delay issuance of the license. If you are not ready for your inspection 90 days after filing your application, please request an extension in writing, specify why the extension is necessary, and the new inspection date you are requesting. To schedule your site inspection visit www azliquor gov and click on the "Information"tab. applicants initials SECTION 15 Diagram of Premises: (Blueprints not accepted,diagram must be on this form) 1 Check ALL boxes that apply to your business Entrances/Exits ❑ Liquor storage areas Patio: Contiguous ® Service windows ❑ Dnve-in windows ❑ Non Contiguous 2. Is your licensed premises currently closed due to construction, renovation,or redesign? 0 YES X7 NO If yes,what is your estimated opening date? month/day/year 3 Restaurants and hotel/motel applicants are required to draw a detailed floor plan of the kitchen and dining areas including the locations of all kitchen equipment and dining furniture Diagram paper is provided on page 7 4. The diagram (a detailed floor plan)you provide is required to disclose only the area(s)where spintous liquor is to be sold,served, consumed,dispensed, possessed,or stored on the premises unless it is a restaurant(see#3 above). 5 Provide the square footage or outside dimensions of the licensed premises. Please do not include non-licensed premises, such as parking lots,living quarters,etc. As stated In A.R S §4-207 01(B), I understand it is my responsibility to notify the Department of Liquor Licenses and Control when there are changes to boundaries,entrances,exits,added or deleted doors,windows or service windows,or increase or decrease to the square footage after submitting this initial drawing. 6 app nts initials SECTION 15 Diagram of Pren. ,es 4. In this diagram please show only the area where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, bar stools, hi-top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, living quarters, etc. When completing diagram, North is up T. If a legible copy of a rendering or drawing of your diagram of premises is attached to this application, please write the words "diagram attached" in box provided below. - Y K + WI • k©X 14. v ` ; 1 A S i �. ›4?, .e K i— )C9 o0 SECTION 16 Signature Block I,-QtA u a 1�-01,,, , hereby declare that I am the OWNER/AGENT filing this (print name of applicant application as stated in Section 4, Question 1. I have read this application and verify all statements to be true, correct and complete. X--POLkArl Wk.. - , Cdk i\.116-1-k_7?1,-0-it--1 (signature of applicant listed in Section 4,Question 1) 1•0 SHANNON M BODNAR State of /4 n t� County of e`�t* NOTARY PUBLIC-ARIZONA MARICOPA COUNTY The foregoing instrument was acknowledged before me this %kisMy Commission Expires J ` �/ I �/� in C2 /3 August 9,2014 7� ik 7 of V dO Va:164(1101t(_ Year My commission expires on (j�4-6(--1._) Day Month ar signature of NOTARY PUBUC 7 Page Iof4 HIED p430330a JUNsozat3 is mu ummagem Mon MamePMlaitttate. ARTDCLNO Of Oft ANriPAT DN Rime M.bMalruCtb to 30101 r-► tx� L rtam TIM-else&only one to borate the type of entity being Formed: u►thto 110amr of MP Y ❑lifteeettiOw41 LOOM uAlltly cd4Mkr 2. OItIIiT IWO!-astananictigtalkin lbr made/requirements-ghe the mitt name at the LLCt PLZA. £A?TE Z PS S S ES,LLC... 3. rmoresstrotrat.LAii3t LIAbItI1Y CO MANY OattriCIS—a tau ILC le distilled to '! amber r,aim,de mi*the Rsfrnad melon term on tratausraet Lector awed,taauasrn bet am.up,eadkaQ: r 4. trMMORY AtafKT -amaiddnedfoor.1.121011 fU 4.L eel UM°-ore the e*nw(an lei 4.2 OPTION IL-n.itea bedroom an A . ea intimteel or on endtt)a rd 1ftwkd dSPatulory Port don be a r.0.bald; rakeetNabs(not■P.O.acel M Arkem dtM Itatul rr mint: swam ou E.(h-o-r,i) II ?.1. 4,84.1 ..._.t,i4 AC- ti523 44 -art.rz,....�, Ow 611 brx-f- _, OP ,tr. . ft* a} 4.s,laQt -Sne Sieuttutiluictibempsume deem rroo2 rrvet be submitted slagweb O. "Veins ta.aelseti . IL ARIZCIrrA 101Dlert PLAL2 OF Suallltanli AI![�Mitile 5.1 Is the At know Om Of basin=address the some as the Wont address tf the statue y agent? ❑ Yet-go b taunter i and megrim 1 -go to manber 5.2 and rankest 3.2 ff you.nsnretted'Wee So number 5.4 give the pbydaar or about address(not a P.O. aced of the knoreol got burrow,or the LLC to Anemone: tin . Afathe�`�',cai 1 Telo -1-C3 it i00 - Z_ 'Sat° tumor I imamaM ten -- -^^ • sees, r "r/Ple 1 '13 J1i. 26 Clgr. uc. P“4:12 { 0 N t a � a � h 1 I I ili I ' i' i I II a ill 1 hi I il 1 3 1 II i liki " i 1 n11 !i 115 to 1 � 6111 I ' is , k 1� ❑ , ;� , I It b ii : I 4 il I . 3 11 Ail il 111 1 mi IF ibr e 1 . il n 8 il; ih li C ' iii ih P '. ' ill I 11 I tl 11 i il ill 111 iii iii11 ' 4 I 111 rIl a v m I I ill Pi 11 ' 11 44 i 1/1 II g ILI . ' I 114 : ' . .. 1 Iii 1 il " ' lit 41 ' P 111 h - e r.: 1 ilp 5,- ,:, I d .1 /111iii if tar CI Page 3 of 4 lira ores eaeaeaistmatt awn STATUTORY AGENT ACCEPTANCE Remo read brarassime ISM( 1. MOTT,IMAM!-ghee the snnt i itte In mimes ants eorponnIen or LLC titer has appointed the w Statutory Agent • Ptv €K+ R, }� '5 5 LLC, �. A. .0 NIUE11111111 (a maii iraCy rnarpadro sr tarrimnts 11 r- rinderA+G4wugmarMMsorewutrof ��OR=Merirdree 3. STATUTORY MOAT NAM!-give the exert nu ne ofthe Stsbitory 1grt appawad I/the �. er>tthr wad In number I shove(des will be eftirer-an Individual or an enUly): !' 3.1 Qrsrot ease bad $1 The ah,biory anent Is an Individual'(natural person):. 0 Ore ststiltory agent ts an t i ly. • by tin signature emoting below,the'Media or wrbtir nomad In muter 3 odors aceeets the sp*dntree t■i statutory agent for the entity named In aanbrr 1 above.and acknowledges tilet the eppdrrhrae t Is elfiive urn the ernttty redr e=the stalbitory agent or the atartitory egetnt resigns,wrRheirsr ccc>lss Rest. i 'dheddnp the ban marleid R mode bsiow,I aekronsiedge weer penalty of pm►iwy tint tide dbcuinant together sail any attedonenes is submitted In issimIiatrae with*Irons lee. g I ACLU i rt tx tea., . PiuQc., +, ..' iz.ak- w M UMS-Chock oily aria irisrdtssi a>a sludotoory Irrsstt I am C1 May es trbr resorts I am signing on dgning on behalf of myself ss the IMMdust behalf of the entity nomad ea eintutery agent, and I son authorised to act for that entity. - ..fsq nut i.e.plpwr prima* — Mir, are ens oa ++t5 serreoor—ids.-rbrrs.r s Mop dk+r+ Buseimr wwe.ie-teeenslaa was Ilia tans r tax rw,wnunelar at,rs4mli;astamma asrovr ..ierr..r 4 Mow am s»w Si ems M. 602-542-45e0 MI lip u rrr,wiwrlilr-1st hensY _ �Wr` pr rA�.twog11=__� aes �nrudb aril.Ian oi - . - a Ova mrNMI. i wrwr �Mlffte �sir ow■+---eia..rdr/— ��irCWYe► l4rer wr imsi}ioc t.IrrL�rr sq r►i�iY. Page 4 of 4 ...........0...- 211SiosivorAliolilissIsissis MI•aIEcam — Mal5*$TLICTUU •TTACHMrddT ear I. TT MIME-pwi tlu..et s of Ow Lit,3mr .-We iiiiiiii do is nrde alms crawsyk `'y w !. <rerTelgNM =arusoni2 Di nodes wttin swim'wire rr/ralerrofeMM OINIMM Ore mrwdiRssaMlir__ _ s Chen ans Wm silly is Mamie what dolor ewte>,a lalrrlvimwt goes INN& r labile otop.errwa. POWs sf 1lmsrdsnnt '' 0Applloodon for Rolissailin B Adidas of AmMd.itise 1Moe21111O„for rsSiarsNoa g s. 111s1. -ohm tnr nano and addnas of ill,lsi.bes. N mom same rr flooded,ups..oilli.rftchi n Cu .4 r 11.1,11.e4 mini", PI z.A.k. ib ein 11 4 N• pi z j F. C II . .. .. waft/3 E .CALenAlot.it Ed ilaki, IL__ I 3�tai mil- -_ •. il- 1623i. IM Ot ire I USA �.... 0...., 1 ..._ MIMS>- ram, - — - lima lur.aas T ... ae�q — -- 1 _.„: Min MIN - +ln/.:WINO 1 /s.2ss.,a w m rap . a, . 7/Ae/ c-- 14 )d '4 )p 71-7.1-41-0 sdnel u.,aut Z1 - -,-7p'i4 - '? )1 a f9c • g-a-9cIFou 25 �.r -a+u 2c‘,#0 ' 1 1 s1 au-qt. 7rcit2I rw Cu Dou7uu 5,1 j-.-vtp ]dm/ v,uu-ac 1-7 Ufvd owafrog -prmumA,Po ern s-?s va -ua--4-10-a I6 ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 gw51 a k 1 (602)542-5141 QUESTIONNAIRE 1) 1 0(o 1 t7 g 1 Attention all Local Governing Bodies. Social Security and Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or any public view Read carefully. This instrument is a sworn document'type or print with BLACK INK. An extensive investigation of your backgrotin_d will be conducted. False or incomplete answers could result in criminal prosecution and the denial 6r subsequent revocation of a license or permit. TO BE COMPLETED BY EACH CONTROLLING PERSON,AGENT,OR MANAGER EACH-PERSON COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT TYPE FINGERPRINT CARD AVAILABLE AT THIS OFFICE.' FINGERPRINTS ON FBI-APPROVED CARDS ARE ACCEPTED FROM LA ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SERVICES,OR rtHE DEPARTMENT OF LIQUOR THE DEPARTMENT CHARGES A$13 F In addition to other fingerprint fees,a$22 DPS background check fee will be charged for each fingerprint card. Liquor License # r- The fees allowed by A.R.S.&44-6852 will be charged for all dishonored checks. -4 ti1 1 i (scot) -4 (If the location is currently license% 1.Check XControlling Person 'Agent Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions except#14,14a/21) box --.110- Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complet¢#21 2 Name P 1, t rrj GL� r I C i t1'` CCf d k C__ Date of Birth. Last First Middle (NOT a Public Record) 3 Social Security Number_ Dnvers License# State: Az_ NO a public record) (NOT a public record) //JJ,�� 4 Place of Birth. J4 CjL rtI1L Yi.L(i(,- (:-{I (J 5I� Height: r,)',/r Weight. S�J Eyes CJf J� Hair �rn State Country (not county) `( 5 Marital Status Single •amed Divorced Widowed�LLA , �� "� • ii 8 Name of Current or Most Recent Spouse' }7 .g b. n eS FlidiC e I Date of Birt1111111111111 (List all for last 5 years-Use additional sheet if necessary) Last First Middle Maiden (NOT a public record) 7 You are a bona fide resident of what state? Az- If Arizona,date of residency. 3 1 qq 8 Telephone number to contact you during business hours for any questions regarding this document. 4d0' 5- 1)1( - a(o 9. If you have been an Arizona resident for less than three(3)months,submit a copy of your Arizona driver's licenseD or voter registrationcard 1 10 Name of Licensed Premises Hand]C.f,�``__ Po b 4 (o� r�;,,,,t Ill__ Premises Phone. TS `�� !,Z- ^2.0`71 11.Physical Location of Licensed Premises Address. iC�Jso I,'J• Act.C� I rI 4 & T1 c- f 1 152-0 Street Address ( o not use PO Box#) City County Zip 12 List your employment or type of business during the past five(5)years.if unemployed part of the time, list those dates List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,aty,state&zip) 3p n O•A C(T� Chn%flan L rcA-' @p/cOC`f CURRENT 9a5+r r . 133o s• Crts mor► td- tit,.set. AZ S95 zel V ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13, Indicate our residence address for the last five(5)years FROM TO Rent or RESIDENTIAL Street Address Month/Year Month/Year Own If rented,attach additional sheet with name,address and phone number of landlord City . State Zip gLa CURRENT /AwA 3501 Cb.melrct 1 T 2... 3Y Obbo fed f o , 331`f e Uawjiin .4-& rl4_.. - `T ( ii 4Z- RS�39 _. .-------;-. ..........+.2ri....e ..rPacw(-Jill the Department.(6021 542-9027 If you checked the Manager box on the front of this form skip to#15 14.As a Controlling Person or Agent,will you be physically present and operating the licensed premises? 62) IN If you answered YES,how many hrs/day? d ,and answer#14a below. If NO,skip to#15 14a. Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) A NO If the answer to#14a is"NO",course must be completed before issuance of a new license or approval on an existing license. 15 Have you been cited, arrested. indicted or summoped into court for violation of ANY law or ordinance, YES ....•19) regardless of the disposition, even if dismissed or expunged, within the past ten(10)years? In addition, please include all traffic tickets and complaints within the last ten(10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related 6.Are there ANY administrative law citations, compliance actions or consents, criminal arrest, indictments YES NO or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal traffic tickets and complaints 17 Have you or any entity in which you have held ownership, been an officer, member, director or manager YES ity EVER had a business, professional or liquor application or license rejected. denied. revoked, suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a judgment against you, the subject of which involved fraud or YES misrepresentation? 19 Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, YES NO director or manager on any other liquor license in this or any other state? er to Questions 15 through 19 is"YES'YOU MUST attach a signed statement. 011,011111, Give com lete de Is incl din dates, agencies involved,and dis o SUBSTANT IS APPLICATION PTED L.' �'�{ F 20. I,-�[i+rtu�_ Cark.dll�. 't"1'z.cA.g.—. , hereby declare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) ;Q hire I have read this questionnaire and all statements are true, correct and complete. 1:::. r x Q0.3-0 ?1 State of )20 vi CC . County of rna.y 'j( (Signature of Applicant) iV _�jhfforegoing instrume s `nowledged before me this (�(�/ day of tj Uptola , 00(.0 ,,.; • ON M. BODNAfl L/ J45o&&&Z. 1%-Yt�'r• fe .R FR1WsRMoNA "�'�"� MARICOPA COUNTY Day Mo Year /`,.1P" ` (Signature of NOTARYpUBLIC) ?�' My Commission Expires 1° August 19,2014 COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21. The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named must be at least 21 years of age. State of County of The foregoing instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year (Signature of NOTARY PUBLIC) Print Name My commission expires on Day Month Year Print Form 1:'"V ARIZONA STATEMENT OF CITIZENSHIP AND ALIEN STATUS FOR STATE PUBLIC BENEFITS Professional License and Commercial License Department of Liquor Licenses and Control w Liquor License#: O1 ( Y (Q 00ER Ownership Name: PI trAt En. ,fprlse3 LLG (as listed on the curren liquor license application or renewal application) • - Title IV of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the "Act"), 8 n' U S C. § 1621, provides that, with certain exceptions, only United States citizens, United States non-citizen nationals, non-exempt "qualified aliens" (and sometimes only particular categories of qualified aliens), y� nommmigrants,and certain aliens paroled into the United States are eligible to receive state or local public benefits. With certain exceptions, a professional license and commercial license issued by a State agency is a State public rx.1 benefit. Arizona Revised Statutes § 1-501 requires, in general, that a person applying for a license must submit documentation to the licensing agency that satisfactorily demonstrates that the applicant is lawfully present in the United States Directions: All applicants must complete Sections I, II, and IV. Applicants who are not U.S. citizens or nationals must also complete Section III. Submit this completed form and copy of one or more documents that evidence your citizenship or alien status with your application for license or renewal SECTION I—APPLICANT INFORMATION APPLICANT'S NAME(Print or type) C 4 I p. eft n(lft( ?ha- DATE 7/ato J 13 TYPE OF APPLICATION(check one) X_INITIAL APPLICATION RENEWAL TYPE OF LICENSE 4 `1 (N I n e, SECTION II—CITIZENSHIP OR NATIONAL STATUS DECLARATION Directions:Attach a legible copy of the front,and the back(if any),of a document from the attached List A or other document that demonstrates U.S.citizenship or nationality. Name of document provided. pp 5590r-1-- A. Are you a citizen or national of the United States?(check one) X Yes No B If the answer is"Yes""where were you born? List city,state(or equivalent),and country. City I-4 l k`Gnt brimr-1(r State(or equivalent) HI Country or Temtory 1J,4A If you are a citizen or national of the United States,go to Section IV. If you are not a citizen or national of the United States,please complete Sections III and IV DLLC 2/20/09 AG 11/08/07-81662 Page I of 7 SECTION III—ALIEN STATUS DECLARATION Directions: To be completed by applicants who are not citizens or nationals of the United States. Please indicate alien status by checking the appropriate box. Attach a legible copy of the front,and the backlif any),of a document from the attached List B or other document that evidences your status.AR.S § 1-501 Name of document provided. "Qualified Alien"Status(8 U S C. 1621(a)(1),-1641(b)and(c)) ❑ 1. An alien lawfully admitted for permanent residence under the Immigration and Nationality Act(INA). ❑ 2. An alien who is granted asylum under Section 208 of the INA. ❑ 3. A refugee admitted to the United States under Section 207 of the INA ❑ 4. An alien paroled into the United States for at least one year under Section 212(d)(5)of the INA ❑ 5. An alien whose deportation is being withheld under Section 243(h)of the INA ❑ 6 An alien granted conditional entry under Section 203(aX7)of the INA as m effect pnor to April 1,1980 ❑ 7. An alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980). ❑8. An alien who is, or whose child or child's parent is a "battered alien" or an alien subjected to extieine cruelty in the United States Nonimmigrant Status(8 U S C§ 1621(aX2)) t,3 ❑9. A nonimmigrant under the Immigration and Nationality Act[8 U S C § 1101 et seq] Nonimmigrants are persons who have temporary status for a specific purpose. See 8 U S C § 1101(aXl5) Alien Paroled into the United States For Less Than One Year(8 U.S C§ 1621(a)(3)) r-. ❑10 An alien paroled into the United States for less than one year under Section 212(d)(5)of the INA Other Persons(8 U.S.C.§ 1621(cX2XA)and(C)) .tom ❑ 11. A nonimmigrant whose visa for entry is related to employment in the United States,or ❑ 12 A citizen of a freely associated state,if section 141 of the applicable compact of free association approved in Public Law 99-239 or 99-658(or a successor provision)is in effect[Freely Associated States include the Republic of the Marshall Islands,Republic of Palau and the Federate States of Micronesia,48 U S.0 § 1901 et seq.], ❑ 13. A foreign national not physically present m the United States. Otherwise Lawfully Present(A.RS.§ 1-501) ❑ 14. A person not described in categories 1-13 who is otherwise lawfully present in the United States. PLEASE NOTE The federal Personal Responsibility and Work Opportunity Reconciliation Act may make persons who fall into this category ineligible for licensure. See 8 U.S.C.§ 1621(a). Page 2 of 7 SECTION IV—DECLARATION All applicants must complete this section. I declare under penalty of perjury under the laws of the state of Arizona that the answers I have given are true and correct to the best of my knowledge. 43164M.4.0..- CCLAdi ?(u 2-a lP—i 3 APPLICANT'S SIGNATURE TODAY'S DATE I r_ r V -- fU Page 3 of 7 Attachment to Form 1 Applicant Statement EVIDENCE OF U.S. CITIZENSHIP, U.S NATIONAL STATUS, OR ALIEN STATUS LIST A: U.S. CITIZEN OR U.S. NATIONAL Note: In this List, the term"Service"refers to the US Citizenship and Immigration Service,formerly, the U.S Immigration and Naturalization Service(INS). [Source:Proposed Rules,Verification of Eligibility for Public Benefits,8 CFR§ 104.23;63 FR 41662-01 August 4, 1998);and Interim Guidance of Venfication of Citizenship,Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996("Interim Guidance"),62 FR 61344(Nov. 17,1997), Attachment 4] Evidence showing U.S. citizen or U.S. national status includes the following: a. primary Evidence: (1) A birth certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) (unless the applicant was born to foreign diplomats t� residing in such a jurisdiction); (2) United States passport; (3) Report of birth abroad of a U.S. citizen (FS-240) (issued by the Department of State to U.S. citizens); r (4) Certificate of Birth (FS-545) (issued by a foreign service post) or Certification of Report of Birth (DS-1350), copies of which are available from the Department of State, r- (5) Form N-561, Certificate of Citizenship; P (6) Form I-197, United States Citizen Identification Card (issued by the Service until April 7, 1983 to U.S. citizens living near the Canadian or Mexican border who needed it for frequent is border crossings) (formerly Form I-179, last issued in February 1974), (7) Form I-873 (or prior versions), Northern Marianas Card (issued by the Service to a collectively naturalized U.S citizen who was born in the Northern Mariana Islands before November 3, 1986); (8) Statement provided by a U.S. consular official certifying that the individual is a U.S. citizen (given to an individual born outside the United States who derives citizenship through a parent but does not have an FS-240, FS-545, or DS-1350); or (9) Form I-872 (or prior versions), American Indian Card with a classification code "KIC" and a statement on the back identifying the bearer as a U.S. citizen (issued by the Service to U.S. citizen members of the Texas Band of Kickapoos living near the U S./Mexican border). [Source.Interim Guidance of Verification of Citizenship,Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996("Interim Guidance"),62 FR 61344 (Nov. 17,1997), Attachment 4] b. Secondary Evidence If the applicant cannot present one of the documents listed in (a) above, the following may be relied upon to establish U.S. citizenship or U.S national status: (1) Religious record recorded in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) (unless the applicant was born to foreign diplomats residing in such a jurisdiction) within three 3 months after birth showing that the birth occurred in such jurisdiction and the date of birth or the individual's age at the time the record was made; Page 4 of 7 (2) Evidence of civil service employment by the U.S. government before June 1, 1976; (3) Early school records (preferably from the first school) showing the date of admission to the school, the applicant's date and U.S. place of birth, and the name(s)and place(s) of birth of the applicant's parents(s), (4) Census record showing name, U.S. nationality or a U.S. place of birth, and applicant's date of birth or age; (5) Adoption finalization papers showing the applicant's name and place of birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the -- U.S. Virgin Islands (on or after January 17, 1917), American Samoa,or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) (unless the applicant was born to foreign diplomats residing in such a jurisdiction), or, when the adoption is not finalized and the state or other U.S. jurisdiction listed above will not release a birth certificate prior to final adoption, a statement from a State-or jurisdiction-approved adoption agency showing the applicant's name and place of birth in one of such jurisdictions, and stating that the source of the information is an original birth certificate; (6) Any other document that establishes a U.S place of birth or otherwise indicates U S. nationality (e.g., a contemporaneous hospital record of birth in that hospital in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U S. Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern c_. Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) F (unless the applicant was born to foreign diplomats residing in such a jurisdiction); c. Collective Naturalization If the applicant cannot present one of the documents listed in (a) or(b) above, the following will establish U.S. citizenship for collectively naturalized individuals- Puerto Rico: • Evidence of birth in Puerto Rico on or after April 11, 1899 and the applicant's statement that $ he or she was residing in the U.S., a U.S. possession or Puerto Rico on January 13, 1941; or 1' • Evidence that the applicant was a Puerto Rican citizen and the applicant's statement that he rt.) or she was residing in Puerto Rico on March 1, 1917 and that he or she did not take an oath of allegiance to Spain U.S. Virgin Islands: • Evidence of birth in the U S.Virgin Islands, and the applicant's statement of residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927; • The applicant's statement indicating resident in the U.S. Virgin Islands as a Danish citizen on January 17, 1917 and residence in the U.S., a U.S. possession or the U S Virgin Islands on February 25, 1927, and that he or she did not make a declaration to maintain Danish citizenship; or • Evidence of birth in the U.S. Virgin Islands and the applicant's statement indicating residence in the U.S., a U S. possession or territory or the Canal Zone on June 28, 1932. Northern Mariana Islands (NMI) (formerly part of the Trust Territory of the Pacific Islands(TTPI)): • Evidence of birth in the NMI, TTPI citizenship and residence in the NMI, the U.S., or a U.S. territory or possession on November 3, 1986 (NMI local time) and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986(NMI local time); • Evidence of TTPI citizenship, continuous residence in the NMI since before November 3, 1981 (NMI local time), voter registration prior to January 1, 1975 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); or • Evidence of continuous domicile in the NMI since before January 1, 1974 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time). Note: If a person entered the NMI as a nonimmigrant and lived in the NMI since January 1, 1974, this does not constitute continuous domicile and the individual is not a U.S. citizen Page 5 of 7 d. Derivative Citizenship If the applicant cannot present one of the documents listed in a or b above, the following may be used to make a determination of derivative U.S citizenship: Applicant born abroad to two U.S. citizen parents: Evidence of the U.S. citizenship of the parents and the relationship of the applicant to the parents, and evidence that at least one parent resided in the U.S. or an outlying possession prior to the applicant's birth. Applicant born abroad to a U.S. citizen parent and a U.S. non-citizen national parent: Evidence that one parent is a U.S. citizen and that the other is a U.S. non-citizen national, evidence of the relationship of the applicant to the U.S. citizen parent, and evidence that the U.S. citizen parent resided in the U.S., a U.S. possession, American Samoa or Swain's Island for a period of at least one year prior to the applicant's birth. Applicant born out of wedlock abroad to a U.S. citizen mother: - Evidence of the U.S. citizenship of the mother, evidence of the relationship to the applicant and, for births on or before December 24, 1952, evidence that the mother resided in the U.S. prior to the applicant's birth or, for births after December 24, 1952, evidence that the mother had resided, prior to the child's birth, in the U.S. or a U S. possession for a period of one year. Applicant born in the Canal Zone or the Republic of Panama: • A birth certificate showing birth in the Canal Zone on or after February 26, 1904 and before October 1, 1979 and evidence that one parent was a U S. citizen at the time of the applicant's birth; or • A birth certificate showing birth in the Republic of Panama on or after February 26, 1904 and ,..� before October 1, 1979 and evidence that at least one parent was a U.S. citizen and w employed by the U.S government or the Panama Railroad Company or its successor in title In all other situations in which an applicant claims to have a U.S citizen parent and an alien parent,or claims to fall within one of the above categories,but is unable to present the listed documentation: C. • If the applicant is in the U.S.,the applicant should contact the local U.S.Citizenship and Immigration Service :14 office for determination of U.S.citizenship, r V• • If the applicant is outside the U S.,the applicant should contact the State Department for a U S.citizenship determination. e. Adoption of Forelan-Born Child by U.S. Citizen • If the birth certificate shows a foreign place of birth and the applicant cannot be determined to be a naturalized citizen under any of the above criteria, obtain other evidence of U S citizenship; • Because foreign-born adopted children do not automatically acquire U S citizenship by virtue of adoption by U.S. citizens, the applicant should contact the local U S.Citizenship and Immigration Service office for a determination of U.S. citizenship, if the applicant provides no evidence of U.S. citizenship. f. U.S. Citizenship By Marriage A woman acquired U.S. citizenship through marriage to a U S. citizen before September 22, 1922. Provide evidence of U.S. citizenship of the husband, and evidence showing the marriage occurred before September 22, 1922. Note: If the husband was an alien at the time of the marriage, and became naturalized before September 22, 1922, the wife also acquired naturalized citizenship. If the marriage terminated, the wife maintained her U.S. citizenship if she was residing in the U.S. at that time and continued to reside in the U.S. Page 6 of 7 LIST B: QUALIFIED ALIENS, NONIMMIGRANTS, AND ALIENS PAROLED INTO U.S. FOR LESS THAN ONE YEAR The documents listed below that are registration documents are indicated with an asterisk("*") a. "Oualified Aliens" Evidence of"Qualified Alien"status includes the followmg: Alien Lawfully Admitted for Permanent Residence - *Form I-551 (Allen Registration Receipt Card, commonly known as a "green card"); or - Unexpired Temporary 1-551 stamp in foreign passport or on *I Form I-94. Asylee - * Form I-94 annotated with stamp showing grant of asylum under section 208 of the INA; - *Form I-688B (Employment Authorization Card) annotated "274a.12(a)(5)"; - * Form I-766 (Employment Authorization Document) annotated "A5"; - Grant letter from the Asylum Office of the U.S.Citizenship and Immigration Service; or - Order of an immigration judge granting asylum. Refugee - * Form I-94 annotated with stamp showing admission under§ 207 of the INA; W - * Form I-688B (Employment Authorization Card) annotated "274a 12(a)(3)"; or F - * Form I-766 (Employment Authorization Document) annotated "A3" Alien Paroled Into the U.S. for a Least One Year - * Form I-94 with stamp showing admission for at least one year under section 212(d)(5) of the INA. (Applicant cannot aggregate periods of admission for less than one year to meet the one- year requirement.) r N• Alien Whose Deportation or Removal Was Withheld - * Form I-688B (Employment Authorization Card) annotated "274a.12(a)(10)"; - * Form I-766 (Employment Authorization Document) annotated "A10", or - Order from an immigration judge showing deportation withheld under§243(h) of the INA as in *' effect prior to April 1, 1997, or removal withheld under§ 241(b)(3) of the INA. Alien Granted Conditional Entry - * Form 1-94 with stamp showing admission under §203(a)(7) of the INA; - * Form I-688B (Employment Authorization Card) annotated "274a 12(a)(3)"; or - * Form I-766 (Employment Authorization Document) annotated "A3." Cuban/Haitian Entrant - * Form I-551 (Allen Registration Receipt Card, commonly known as a "green card") with the code CU6, CU7, or CH6; - Unexpired temporary 1-551 stamp in foreign passport or on * Form I-94 with the code CU6 or CU7; or - Form I-94 with stamp showing parole as "Cuba/Haitian Entrant" under Section 212(d)(5) of the INA. Allen Who Has Been Declared a Battered Alien or Alien Subjected to Extreme Cruelty - U.S.Citizenship and Immigration Service petition and supporting documentation b. Nonimmigrant Evidence of"Nonimmigrant"status includes the following: - * Form I-94 with stamp showing authorized admission as nonimmigrant c. Alien Paroled into U.S. for Less than One Year Evidence includes. - * Form I-94 with stamp showing admission for less than one year under section 212(d)(5) of the INA Page 7 of 7 Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www.azliquor.gov 602-542-5141 CERTIFICATE OF TITLE 4 TRAINING COMPLETION Do Not Duplicate This Form Certificates must be completed by a state-approved training course provider,In black ink,on an original form. c. PATk+'crA- P/ZAK Full Name(please print) 41+n C.A..b..o'• ef/A-lArrii.4-44—. :14 Signature � � Type Completed . Train ng C mpletion Date yp Training p . Yes ❑ No BASIC Ei Yes ❑ No ON SALE) ys� [g Yes ❑ No MANAGEMENT ❑Yes ® No OFF SALE Certifi a Expiration Date ® Yes ❑ No BOTH ❑ Yes ® No OTHER (MANAGEMENT-5 years from completion date) (BASIC-3 years from completion date) )f Trainee Is Employed By A Licensee Name of Licensee Business Name Liquor License# Alcohol Training Program Provider Information P1/15 -tis r sft)UUi iL Company or Individual Name(please print) 3s J. /L lilt uAy Address 6,1I4-r L 1:513.3 ( (oz ) qZ/-5 4/ City State Zip Daytime Contact Phone# I certify the above named individual has successfully completed the training specified above in accordance with Arizona Revised Statue,Arizona Administrative Code,and the training course curriculum approved by the Department of Liquor Licenses and Control: 4 Namerof rainer(please print) T •finer nature Date Pursuant to A.R.S.§4-112(G)(2),mandatory Title 4 liquor law training is required prior to the issuance of all new liquor license applications submitted after November 1,1997. The persons(s)required to attend both the BASIC and MANAGEMENT Title 4 liquor law training,on-or off-sale,will Include ail of the following- Owner(s) Licensee/agent or manager(s)actively involved in daily business operation A valid(not expired)Certificate of Title 4 Training Completion must be submitted to the Department of Liquor Licenses and Control before a liquor license application is considered complete Before acceptance of a manager's questionnaire and/or agent change for an existing liquor license,proof of attendance for the BASIC and MANAGEMENT Title 4 liquor law training(on-or off-sale)is required. 8/2009 Disabled Individuals requiring special accommodations,please call(602)542-9027 • • £.r J e I be 4rtrrlaq of Hate,f r,:a C ailed Gates of Amer/a , her..r requests all tsl.oru it u,.n'concern DI p.rnu:t the c,li-ur national of the C'uitrr/Chiles named&ens h,pass it ithout drLry or inudraute and in rase of used to yin all/artfidaid uul proler. on • Lr$ecn'talre d'Etal des Etats Lau psie par les pre:states twit,,a,nor%tCs ro,mpiteules de tenor,.passer le r,tope,r ° I` au ressorlasaut dee Etal, C'uu Lerida ire du preeeul passeporl sous d.1ai us ''di/j'ir`rdle et es,cars de ad., de lid accora'e bite aide et pnilcttwo,/rgthuresr • s' , 11erretirto de Est.rda de los Est:do,L'sn:loe r! -1 D.''ts,po. el present,solicit.,a Ids "a7ito id;de;roinpt'r,we,permit is el pace del ambulant,a,aucioual de/os Fstados I nrelos .rr sui,usu,hra do sn,e.r,00,,r„deft"P.r.'•s t 'a r es*de ut resnlsl prestarle tole la Sitd, p.•re:.nsu licilus • I. a_, _t�_. �t_�•,j H ' Slt.NA7 LIRE or 1;1•APERISlC,,A I'l RE Dl TITI.1 A1RFr1'1101.1 UEI'r TITI 1 AR.. _ NOT VALID UNTIL SIGNED PASSPORT ^I`Iee:gl N:VN:4-1l JI'NtiI:43(r \ PASS�POPT �� �� J`�-Z—�� + ,• • f ,._ Type/Type Tipo Code Code%Cddigo Passport Nos No du Passeport r No de Pasaporte P USA 057726061 :11J SA•. Sumame'Nom'Apetl,dos 1 � Given names'PrugDTs'hombres PATRICIA CANDACE I,�•, NeUom!ity ?iadon�tite r Narionand3d _•' UNtI'ED STATES OF AMERICA 1 D .e e e rt i Dee a naissanca'huts de nacirmento .i 1 ic • I I Sex:Se-is S:ra Place o1 birth;Lieu de naissance!LuQO,de necimiento Pr . MICHIGAN,U.S.A. 1;z!9 ot ss:•Er Date at de!ivranu i Fecha do expedicibn Authority,putout! Au!oridad • 4, 14 Feb 2005 San Francisco D3'.a ct r p,aGon Dated'expiration Ftcha de caducidad Passport Agency 13Feb2015 Amendments;Atodihtations r Enmsndas See Page 24 P<USAPLZAK<<PATRICIA<CANDACE«««««««« 0577260612US A5404197 F 1502132«««««««08 i M tl"+' an� I— n 1-+ W • p` } Cam' , r )%!�', ,.,114tarrta .e (Certificate ,, Yam( +.:.i , . r (Mark fduunfg, Xebakai i 1 V 1 ; •/f , I ,7'I,, No. c 030692 t�Itrio is to Gerdfg that the itnirersisner biit mt tiro ��-----^ Dttgr of , lg-441 Ki ' f' r Candler*.'Wedding G aper-- Las Vegas r, of ,, Te ri,Join in lxfufiil 0eb-lork (Address or Church) _atib DENNIS MICHAEL PLZAIC of AVALOter,CAi,IhP0RNIA A. unit (City) (State) � _ PATRICIA CANDACE NOHMY , of AVALON, CALIFORNIA u� t ;{,, Q (City) j j (State) Ve r; faith` their nuthml consent, in the �trese= of SCAN LEy G • lL.Z.f-1-l� ,� pp `' •( j eme of ) 1.• A,'l (Print Official's ToL' T• -ay.+.Qis / 1�-� /4� gnature of tficial) . r ^, O. ar 4,74 I r )li (Church or A atian t Print) a� ''( i,, rL�.as veg.., ✓Ytvaa 47��� I (Address of Official-Print) •; ;J, l'r� ,.. ' 1-_ ` _ =- -----: -- Via :. -�.�,i= .�,_; 1r-•.= : ::_rr_ - . i1`N• i.. _ . ,,..� ,---�; ., „_,,. `�.7�J•-,f 4 � ��•����... ..,tom ,. j i �j,;�+R.l�a'y.� �� ORIG.TO BE GIVEN TO THE PARTIES MARRIED. ORIGINAL r•+ W c.. F r_ r- Y- A a z. .y �*: v — _-__ t1 r. •1e*Y i, 74,-.-�v`1�yq�Yl' .r`glA`A •'lam rl-o..iU. og 'i1-�f+.8r1� 5 �( � ,' STATE OF MJCHIGAN f "t .. CERTIFICATE OF LIVE BIRTH , Jk: .i � ;f�1 I ' "ur~ ' , p State File Number: 121-0055945 Date Filed April 23, 1954 a :! bhild's Name: Patricia Candace Smith 1ifDate of Birth: _� .,,. it Gender. Femaleal. ,�s.° Ai: y'' hild's Birthplace. Highland Park, Wayne County " ' l . . other's Name Before First Married. Shirley Ruth Reynolds --�]' 1Eilother's Birthplace. Michigan • Mother's Age 26 ; ,- ,__, Father's Name• Thomas William Smith j i t, rxj I father's Birthplace. Michigan Father's Age 29 1 , •€. I ... I ' . 43,2 :y s; hereby certify that the above is a true and correct representation of the birth facts on file with ,„�:, � IMichigan Department of CommunityHealth. '��•�;! ,the Division for Vita/hRecords, g p � •� ,� ;: ,ram'` <znCertified by: � & �7� - _� �:� �,. Date Issued February 3, 2005 �� '�:. Jr4__. 1y `'fir;.;.. � ,; AFS• 884729 �£ ' �.71- t ;: Glenn Copeland , , 3 x State Registrar ', i. 0. ki as ` Ill* *�ti: >j,.c '413 ' 6 610304818 \ 0` ; T-I .— DO NOT ACCEPT IF THERE APPEARS TO BE ANY ALTERATIONS OR ERASURES _ \* lit. Ilk *il a 6 ,y,,y„Z >„,h.\ , M OFTHE FACTS LISTED ABOVE.IF THE THREE HEAT SENSITIVE IMAGES ON THE BACK �a , ...,` II w.�... . _�,+,..ea E_- >, DO NOT DISAPPEAR WHEN RUBBED OR PRESSED,OR IF YOU CANNOT VERIFY THE am.. =., i �L,,. g ! ,,,. _.4' -Y.r,� ,°"'-`ni4�.�, _PRESENCE OF WATERMARKS IN THE PAPER BY HOLDING TO LIGHT. " `�'+V i ',.W.:' _'T REC O C-V. 11�A0 �. 4�Z x,73:ti, kJ��Y40Aerk^• "9llfts' ^.+ a -`�_"'9iSS it t yr�NwC t :'b. ` 4C OP/// :..� 'h6, w-r�. ..'a> :y ry wav s�.,. =:y+o.,»-r.-.-.-:..•w' .wa•.-.-.r a H-.v.-.-+xa ..Ae",,+sews-c. it/A Hi w dry.., 1 9 I— r- .... n A A Iy fad ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602)542-5141.. s 6 3101 ( QUESTIONNAIRE Attention all all Local Governing Bodies: Social Security and Birthdate inikinnation Is Confidential This information may be given to local law enforcement agencies for the purpose of lAckgroarid-CtieiCks only but Mast be blocked to be unreadable prior to posting or in i Patotie'Keiv• - i-t ._ . , 42 ,miliik. Read carefully. This instrument Is a sworn dcicurnent_type or print with BLACK INK. An extensi,re investigation of your background will be conducted. False or incomplete answers Fc- could result in criminal jordkecution and the dentaticrsubsequent revocation of a license or permit TO BE COMPLETED BY EACH CONTROLLING PERSON,AGENT OR MANAGER. EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN r-- "APPLICANr TYPE FINGERPRINT CARD AVAILABLE AT THIS OFFICE:,FiNGERPRINTS ON FBI-APPROVED CARDS ARE ACCEPTED FROM LA ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SERViCES,OR THE DEPARTMENT OF LIQUOR THE DEPARTMENT CHARGES A$13 FE-e In addition addition to other fingerprint fees,a$22 DPS background checkfee will be charged for each ..... fingerprint card. Liquor License # r' The fees allowed by A.R.S.6 44-6852 will be charaed for all dishonored checks. * D I R L2CO° 1 .il. (If the location is currently license F 1 Check A.-ControllIng Person Agent Manager(Only)appropriate - aPPrePriate (Complete Questions 1-19) (Complete All Questions except#14,14a&21) box --0. Controlling Person or Agent must complete#21 for a Manager I Controlling Person or Agent must complete#21 2.Name. L2 k e.-orlis Ai C EC Date of Birth st First Middle (NOT a Pu ic Record) 3 Social Security Number Drivers License#.jIIMIIIIIIL____ State 4 Height 4 i (NOT a public record) (NOT a public record) 4 Place of Birth /tee A Wt. L e5 if 1 f f ' Weight. ei0 r Eyes Sru41 Hair C- ....: State Country (not county) c 5 Marital Status Single a - Divorced Widowed 6. Name of Current or Most Recent Spouse. P(241( Pei Itri-Ce'ct. Ce4ice 5-MiDate of Birth.1111011111E111 (List all for last 6 years-Use additional sheet if necessary) Last First Middle Maiden (NOT a public record) 7 You are a bona fide resident of what state? A'e' If Arizona,date of residency /7;5 8 Telephone number to contact you during business hours for any questions regarding this document. Yav- eyy- f'6'0.2 9. If you have been an Arizona resident f r less than three(3)months,submit a copy of your Arizona driver's license or voter registration card Name of Licensed Premises. 4-41dit- I4'IN Ptik gate Ce`if// Premises Phone. Yiv 7 e- 20F/ 11 Physical Location of Licensed Premises Address. 60 6L) A/P4c- t• 7igr I fifkc4e- sifilci;di At( F5-e2c) Street Address (Do not use PO Box#) City County Zip 12 List your employment or ty?e of business during the past five(5)years.If unemployed part of the time,list those dates. List most recent 1st FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city,state&zip) 1.1,6/4 CURRENT P/C )* /14i2 keiee S'ettril IrCi 1- 61141/1 itlfet_tC1)t I/0 a N Ai '), ilitellAi i6z ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION _ 13 Indicate your residence address for the last five(5)years. FROM TO Rent or RESIDENTIAL Street Address Month/Year MonthNear Own If rented,attach additional sheet with name,address and phone number of landlord City State_ Zip cr/Zifin CURRENT ottiN asoi c Creybeil GlIbel,1 /q2- ,S23Y Odoo Ofiaq ô 33if 6 Vq.(1141,1 Ave- (24e4 A2- esri n:...../..1....4:•••4:...;e1„*I.rdet.tirine,enartial accommodations.please call the Department.(602)542-9027 If you checked the Manager box on the front of this form skip to#15 14.As a Controlling Person or Agent,will you be phnically present and operating the licensed premises? 4gis NO if you answered YES, how many hrs/day? 7 ,and answer#14a below. If NO,skip to#15 YES INC) 14a. Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) If the answer to#14a is"NO",course must be completed before issuance of a new license or approval on an existing license. 15 Have you been cited arrested, indicted oLsumm_ontd into court for violation of ANY law or ordinance, YES (9 regardless of the disposition, even if dismissed or expunged,within the past ten (10)years? ��// In addition, please include all traffic tickets and complaints within the last ten(10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related 16 Are there ANY administrative law citations, compliance actions or consents,criminal arrest, indictments YES gi- or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal traffic tickets and complaints 17. Have you or any entity in which you have held ownership, been an officer, member, director or manager YES NO EVER had a business, professional or liquor application or license rejected.denied. revoked. suspended or fined in this or any other state? � 18. Has anyone EVER filed suit or obtained a judgment againstyou, the subject of which involved fraud or YES 1NQi misrepresentation? ��// 19 Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, YES (NO) director or manager on any other liquor license in this or any other state? er to Questions 15 through 19 is"YES"YOU_MUST attach a signed statement. Give coin le e d ils Inc dates, agencies involve SUBSTANTIVE HIS APPLICATIO PTED 20 I, 0 CMI S Nc1k I Pkqk , hereby declare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) bfi. pnnair _ I have read this questionnaire and all statements are true, correct and complete PIx CI State off�ick.Q- County of In _" t Q- - (Signature of Applicant) The foregoing instrument w s acknowledged before me this 0 day of Ca , 70(3 9 alte91-9/4' ,_ Year M�":u;, istp{A}e ONICOBODNAf��►.:, NOTARY PUBLIC-ARIZONA Day MontYear (Signature of NOTARYPUBL1C) a� MARICOPA COUNTY • s\1'.ir ,�' My Commission Expires Vrnn. August 19,2014 COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license The manager named must be at least 21 years of age. State of )k two_ &) _County of The foregoing instrument was acknowledged before me this rC-C h 1- I \ Gk tip LL11 C 1 ' 3(Y day of ( Signature oCControll►ng Persoryr Agent(circle one) ear Cx(_tQt._ ct •t1 Lam, ?I W"`- (Signature of NOTARY PUBLIC) Print Name az11 SHANNON M. BODNAR My commission expires err041,Alm— NOTARY PUBLIC ARIZONA _ -4 ' * MARICOPA COUNTY Day Mo Year {',:•-.-.:�11`` My xp 1�l' Commission Expires Ink • Ibi Sonefw,'1 of-State of the tailed Slates'iJ'Anc lc herebf requests all-,rhos,it,Nap dsncc•rn to perms!the cti,:i /wiliival of the L uit.d S/ales named herein ra pans with wit dclaj or hnidr•a„n • gold in ran rf rn•rd to Q,rC all lau.l,d aid and/ii-o$etion= ';i L•l errcYa,:•e d'Etat des Etats Unrr d'e mrreq„e „_fir"re/as/es prerentes teases autorrt l cemplterites de Hisser passes le t,toj n; _ :ea,t'etrail,staul Jos Flax L,n,s 1st:laire dr,present passrpwv,sans drGt>,iu:' duffu',lte et en sat de besorn,de Jai atcorder toile aide el protect/ha Irr;iliiars rit 4l Sarcdu.,o de Estado de for Estados Lnidos de.tuierrra par el press nle solic,la a list..'" ai/nrrdadei-ron peteules permitrr e/paso del r,,,dadaae n a rctonal de/or Es'tatlas L ridge Amok. aqu/',uumbrae,sin de,nera ar difs•atltades y ea case de necesidart.preslarle hula la gaped protercion hsiras , Itt2 , J.n�J SIGNATI RE•OP EARFR/51CrNA 1'URF DL TI fl-LAIRE 1-IR‘IA DLL TITULAR. • • NOT VALID UNTIL SIGNED PASSPORT PASSEPORT 'IJ,,�1 ti H JE 1 c--a��.' ( 1 1:9 11_01A PASAPORTE Type'•tlpo'TOO l.r= Co"+'Cady° •asscon No a di Passeport Rio de Pasapoefo •° y� p USA 212771626 '� Sunlame%Nom r Ape.. ;`;S • O ' PEAK nen names.Prennorr,, N' aelbrs> Og11# NORMV6ciona/ad UNITED STATES OF AMERICA Om of birth Dais de naissance/Fecha de rucimiento �u_• r4 e e Place of birth%Lieu de naissancei Lu/ar nacimiento s - `-'• Nt WISCONSIN U.S.A l ass Cf issue'Dale Co dainrance c6a de expedkvdn Authority!Aufo;M,Autondad �Feb005Oyttextr Date d'exp taGon l Fedor de caducidad National 07 Feb 2015 Passport Center Amendments;Mcddicahune/Enmiendas See Page 24 P<USAPLZAK<<DENNI S<MI CHAEL««««««««« 2127715267USA4905273M1502073«««««««04 43 V' r V• r1 ctfe STATE OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL V ANNUAL RENEWAL OF SPIRITUOUS LIQUOR LICENSE RB130638 JEFFREY LAWRENCE GOLZIO t-1 JACK ASH HOLDINGS INC t � c-, HANDLEBAR PUB & GRILL F 936 W APACHE TRL APACHE JUNCTION AZ 85220 LICENSES EXPIRE ON AUGUST 31, 2013 74 T RENEWALS MUST BE POSTMARKED NO LATER THAN THE EXPIRATION DATE. A $150 PENALTY WILL BE CHARGED FOR LATE FILING. THE FEES ALLOWED UNDER A.R.S. 4 44-6853 WILL BE CHARGED FOR ALL DISHONORED CHECK A.TYPE OF OWNERSHIP Section A must be completed even if there are no changes. Please check New'box if applicable. Corporation/L.L.C./Club: Attach additional sheet if necessary AZ Corporation Commission file number(if applicable): New Title Last First Middle MailN Address City State Zip 0 0 0 Percentage of Ownership PERCENTAGE MUST EQUAL 100%. Attach additional sheet if necessary New Last First Middle Mailing Address City State Zip Ownership % Partnership. Please indicate if General or Limited partner PERCENTAGE MUST EQUAL 100%. New G / L Last First Middle Mailing Address City State Zip Ownership 0 ❑ ❑ ❑ ❑ ❑ % ❑ ❑ ❑ % RENEWLET 4/152009 800 WEST WASHINGTON•FIFTH FLOOR•PHOENIX,ARIZONA 85007•(602)542.5141•FAX(602)542-5707 WEBSITE:WWW.AZLIQUOR.GOV Joint Tenant With Right Of Survivorship(JTWROS) First Middle Mailing Address City State Zip Ownership Indr •ual. Last First Middle Mailing Address City State Zip Ownership B. MANAGER as defined in ,' '.S.Section 4-101.22 Manager's Agreement must be on file with the department for each manager r- Last First Middle Mailing Address City State Tad Ownelhrp r'. % F• C. EQUITABLE INTEREST HOLDER. A Stateme. of Equitable Interest must be on file with the department. Last First Middle Mailing Address City State Tap_ _ Owncrshii 1 Has any owner, partner, agent, manager,officer, director, stockholder, .•ember, or anyone holdmg 10 percent of more interest, been convicted of ANY felony violation in the past five(5)years or had a liquor ense revoked within the last 12 months? 0 Yes(attach explanation of details) 0 No .a answering this question my signature indicates I have VERIFIED the accuracy of this wer with those listed above. X (Signature) (Pent N•i e) D All hotel/motel and restaurant(series 11 and series 12)license renewals require that the Business Data R.•• be completed and submitted with this apphcation at the time of renewal. Hotel/motel and restaurant(series 11 and series 12)hce, s WILL NOT be renewed if the Business Data Report is not attached to this renewal. E.Domestic Farm Winery(series 13)reports must be submitted to the department on an annual basis based on a fiscal my 1—June 30) manufacturing year. F Domestic Microbrewery(series 3)reports must be submitted to the department on an annual basis based on a calendar(January 1—December 31)manufacturing year. G Domestic Farm Winery/Domestic Microbrewery Annual Report(check report that applies below) 1. ❑ Domestic Farm Winery Name. ,Fiscal Year July 1—June 30, A.RS 4-205.04(B) (Year) 0 Domestic i , .brewery Name- ,Calendar Year Jan. 1—Dec 31, A.R.S.§4-205 ::(B) (Year) 2.Liquor License# 3 Name of Owner or Agent 0 Owner 0 Agent 4.Physical Address Of Licensed ' : , , - t Address City Zip Code 5 0 Amount of Wine Manufactured(in gall'' )During Reported Year ❑ Amount of Beer Manufactured(in gallons) ' .. Reported Year I, declare that I have read the aforementioned and the contents and (Print Name) statements are true,correct and complete to of County of X Th. oregomg instrument was acknowledged before me this (Signature) ;61 day of , Day Month Year r' 3 is (Si of NOTARY PUBLIC) W The following is a list of licenses that are due for renewal, please review them carefully, and I.• e any changes if necessary(changes in ownership or business location may require filing an application with this department): License# 07116000 Renew? '' Yes No Status: Active Status Date: 11/5/2010 License Inactive? Yes t//No Changes: (may require additional Filing) Agent: JEFFREY LAWRENCE GOLZIO Location: HANDLEBAR PUB & GRILL Auk.. 650 W APACHE TRL APACHE JUNCTION, AZ 85220 Business Phone: (480)982-1148 Renewal Fees: License Renewal 75.00 ARS 4-209 K Sur-Charge: 35.00 Audit Sur-Charge: 30.00 ARS 4-209 L Sur-Charge: 35.00 Total: 175.00 Your e-mail address: Your daytime contact telephone number. ( ) Has the residential address of any owner,agent or controlling person on this license changed since the last application or renewal was filed at the Arizona Department of Liquor Licenses and Control? ❑ No ❑ Yes If yes,please list the persons name and their new residential address. 1) Name Street City County Zip 2) Name Street City County Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) ca...-trl[!Gt,i 1,,,x1C1CA ,,?I ,declare that; 1)I am the owner,agent,partner,stockholder(10 percent or greater ownership),member(10 percent or greater ownership),officer,or club member making this application(circle title that best applies), 2)I have read the application and the contents and all statements are true,correct and complete;3)this application is not being made to defraud or injure any creditor,taxing authority,regulatory authority,or transferor;4)no other person,firm or corporation,except as ndicated,has an interest in the spirituous liquor license for which these statements are made,and 5)1 have verified that none of the owners, ,,artners,members,officers,directors or stockholders listed have been convicted of a felony m the past five(5)years,except as disclosed pre ly State of -LZZJ.. 1r- County of WV f \Cp fl (Signature) F; The foregoing instrument was acknowledged before me this c- 9-CP day of j to-1/4-'( , O 13 F Month Year ~ u,�,f, OFFICIAL SEAL My commission expires on: 1 9LL L� 1 1 to ' �• DEBBIE WUNDERLY / k NOTARY PUBLIC•Slid of Arizona ' ';:' MARICOPA COUNTYC‘lit,,,L) dtA W My Comm.Ewes April 15,2015 Signature of Notary P. *Disabled individuals requiring special accommodations,please call(602)542-9027 way iwictiaw Home of the Superstition Mountains 4; Ot NOTICE The attached application for an Interim Permit, Person Transfer, Limited Liability Co., Beer and Wine Bar Liquor License submitted for Handlebar Pub and Grill located at 650 W Apache Trail, Apache Junction, Arizona, was posted on the 31st day of July, 2013, at 10 00 a m. Any person who is bona fide resident of the age of nineteen (19) years or more, residing, owning, or leasing property within one-half (1/2) mile radius from the proposed premises to be licensed may file written arguments in favor thereof, or objections thereto with the City Clerk at City Hall within twenty (20) days after the date of posting Arguments for, not objections against, shall be filed thereafter. A public hearing will be held Tuesday, August 20, 2013, at the City Council Chambers, 300 E. Superstition Blvd , Apache Junction, AZ at 7:00 p.m., at which time any objections filed will be heard z‘- /Z;(- -/te-4 Kathleen Connelly City Clerk DO NOT REMOVE THIS NOTICE AND/OR ATTACHMENTS. REMOVAL OF THIS APPLICATION MAY JEOPARDIZE CITY COUNCIL RECOMMENDATION. •Voice(480)982-8002 •FAX (480)982-7018•TDD(480)983-0095•wwwajcity.net 300 E Superstition Boulevard, Apache Junction,AZ 85119 . Tithi: 0 V r y 3 vve_ditieze A e 7 6f-ametion7 Home of the Superstition Mountains July 31, 2013 Ms. Patricia Candace Plzak Handlebar Pub and Grill 650 W. Apache Trail Apache Junction, AZ 85120 Dear Ms Plzak Please be advised that the application for an Interim Permit, Person Transfer, Limited Liability Co., Series 7 Liquor License submitted for Handlebar Pub and Grill, 650 W. Apache Trail, Apache Junction, Arizona, was posted on July 31, 2013, in accordance with State law The Apache Junction City Council will hold a public hearing on August 20, 2013, at 7:00 p m in the City Council Chambers, 300 E Superstition Blvd , Apache Junction, at which time the City Council will consider a recommendation for approval or disapproval which will be forwarded to the Arizona Department of Liquor Licenses and Control. Please note that the City Council frequently has questions for the applicant. It is strongly recommended that you attend this meeting in order to avoid any delays in the processing of your application. There is a $50 00 non-refundable application fee that is due and must be received by Wednesday, August 7, 2013, in order for this application to be placed on the City Council agenda. If you have any questions concerning this matter, please contact my office at 480-474-5068 Sincerely, nceerrely, -A„,z,;,- ,,e4- Kathleen Connelly City Clerk •Voice(480)982-8002 • FAX (480)982-7018 •TDD(480)983-0095 •www.ajcity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 JULY 30, 2013 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK (t/ FROM: JAN MASON, DEPUTY CITY CLERK t '—' SUBJECT APPLICATION FOR LIQUOR LICENSE FOR HANDLEBAR PUB AND GRILL Ms Patricia Candace Plzak has submitted an application for an Interim Permit, Person Transfer, Limited Liability Co Series 7 Liquor License for Handlebar Pub and Grill located at 650 W. Apache Trail, Apache Junction, Arizona Please conduct the necessary inspections and submit your recommendation by email no later than Wednesday, August 7, 2013, in order for this item to be on the agenda for the City Council meeting of August 20, 2013 Janet Mason From: Rudy Esquivias Sent: Thursday,August 08, 2013 2 17 PM To: Janet Mason, Jeff Robinson Cc: Brad Steinke, Sam Jarjice Subject: RE: Handlebar Pub and Grill Jan ,,.. The subject property is zoned CB-2 (General Business)Zone,which permits restaurants and bars outright. As such,the Planning Division does not object to the proposed transfer of liquor license and we note that a bar has been operating out of that building for many years However, we have the following observations. There is a school(Apache Trail High School)to the southwest of the site and a church (Centric Church)to the southeast of the site and both are well within 900 feet of the site, building to building. The applicants should correct their application to reflect the proximity of these two uses. Secondly,does this request also represent a permanent extension of premises? We note additional seating areas depicted on their diagram on the west side of the building, which currently do not exist Does this represent a future expansion of the building? If so,then their application should also be amended to reflect this;or the applicants will need to process an extension of premises when they are ready to make said improvements The Planning Division does not object to the potential extension of premises, but caution the applicants that an expansion of the building envelope may invoke additional parking and site development requirements dt,4 ckguv1 Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7 OOam to 6 00pm, closed Fridays and Holidays. ) From:Janet Mason Sent: Wednesday,July 31, 2013 2 41 PM To: Jeff Robinson; Rudy Esquivias Subject: Handlebar Pub and Grill I have received a liquor license application from the new owners of the Handlebar Pub and Grill Please have your department recommendation to me no later than Wednesday,August 7 Thanks. t Janet Mason From: Janet Mason Sent: Thursday,August 08, 2013 2.32 PM To: 'pplzak@cox.net' Cc: Kathy Connelly, Rudy Esquivias Subject: FW Handlebar Pub and Grill Candace. Here is the email from our planning department As per our telephone conversation, please amend your application with state liquor regarding the school and church on page 5 of the application. Regarding the additional seating, please amend your diagram with this application to show what is currently in use(and provide that to me ASAP so that I can get it to the council prior to the meeting) and contact state liquor about a permanent extension of premises to add that additional seating area. From: Rudy Esquivias Sent: Thursday, August 08, 2013 2:17 PM To: Janet Mason; Jeff Robinson Cc: Brad Steinke; Sam Jarjice Subject: RE: Handlebar Pub and Grill Jan The subject property is zoned CB-2 (General Business)Zone,which permits restaurants and bars outright As such,the Planning Division does not object to the proposed transfer of liquor license and we note that a bar has been operating out of that building for many years. However,we have the following observations. There is a school(Apache Trail High School)to the southwest of the site and a church (Centric Church)to the southeast of the site and both are well within 900 feet of the site, building to building The applicants should correct their application to reelect the proximity of these two uses Secondly, does this request also represent a permanent extension of premises? We note additional seating areas depicted on their diagram on the west side of the building,which currently do not exist Does this represent a future expansion of the building? If so,then their application should also be amended to reflect this,or the applicants will need to process an extension of premises when they are ready to make said improvements The Planning Division does not object to the potential extension of premises,but caution the applicants that an expansion of the building envelope may invoke additional parking and site development requirements. &t 4 of3?uivf as Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7.00am to 6 OOpm, closed Fridays and Holidays.) 1 Janet Mason From: Glen Durkin Sent: Saturday, August 03, 2013 12 07 "M To: Janet Mason Cc: Jeff Robinson, Glen Durkin I contacted the new owner, Dennis Plzak, at Handlebars 650 W Apache Trail, regarding this application Dennis told me, at this time, nothing will change since Jeff Golizio owned it.They will be owner operators, but will retain one employee that has, and currently, works at Handlebars. I did not find any challenges with this application. I went to the Eagles #3850 regarding their application for a temporary extension of premises. I spoke to Mike Reed Mr Reed told me they have a committee for the finalization of this event. I did suggest fencing or a barrier for their event and included the need for trash, parkiiig being monitored ect.. He did tell me (and its in their application)the the AJ Mounted Rangers, would be providing their security and monitoring the people attending the event for underage and over consumption. I did not find any challenges with their application. Sgt Glen Durkin Apache Junction Police Department Apache Junction, AZ 85219 e district q�� �,,'�t`t it Arizoge e(r� �E J UN,. / . Fire . . y on mint°� o IT ez.„� ;= Apache Junction District °�°uDLY °it 565 North Idaho Road, Apache Junction,AZ 85219 .y �'�Fciss�`� Phone (480) 982-4440, Fax(480) 982-0183 p MEMORANDUM TO: Jan Mason,Deputy City Clerk City of Apache Junction 300 E Superstition Blvd Apache Jct,AZ 85219 FROM John Sumga,Deputy Fire Marshal —Vic. DATE August 1,2013 SUBJECT: Application for Liquor License for 650 W.Apache Trail,Apache Jet,AZ The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 650 W Apache Trail, (Handlebar Pub and Grill) We have recently completed an annual fire and life safety inspection with no major violations found. We therefore would recommend approval of this application ellS Thank you for your notification on this matter If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440. Thank You JOS ATTN Application • 08/15/2013 16:57 6025425707 PAGE 01/03 U State of Arizona Department Of Liquor Licenses&Control 151! .04:, 800 W.Washington St 5th Floor ! f Phoenix,AZ 85007 • ` " Phone: (602)542-51.41 4 a t n Websitc:www.azliouor.gov 4RcxgK� V FAX • Fax Transmittal Form To City of Apache'fuunction From Name: Sender's Name; Debbie Wunderly Organization Name/Dept: Company: Arizona Department of Liquor CC: Phone: (602)364-1898 Phone number: 480-982-8002 Fax: (602) 542-5707 Fax number: 480-982-7018 Email: Debbie.Wunderly@azllquor.gov Date sent: 15 August 2013 Time sent: 4:50pm Urgent # of pages including cover page: 3 For Review X Please Comment Please Reply Message: Please see the amendments section 13 and section 15 as you requested for license ii07116000 Patricia Pizak dba Handlebar Pub and {'roil Thank you, Debbie Wunderly The pages that follow may contain sensitive.onv1icecd or confidential information intended solely for the addressee named above if you receive • 08/15/2013 16:57 6025425707 PAGE 02/03 SECTION 12 Location to Losatio•nsfer:(Bars and Liquor Stores ONLY) • APPLiCANTS CANNOT OPERATE UNDER ALOCATION TRANSFER UNTIL IT 15 APPROVED t3Y THE STATE Current Business: Name (Exsctly as;t^posers on license) Addresa 2. New Business. Name .. (.Physical Street Location) Address 3 License Type License Number r 4. If more than one Ileenae to be transferred' License Type, License Number' 1- 5. What date do you plan to move? • What date do you plan to open? SECTION 13 Questions for all in-state applicants cJudina bstMARR;au for aovanrnenLivjel rrto rn Tes-taurant l,cerne .(series 5,11.and 12): 3 AR.S §4-207(A)and IS)state that no retailers license shall be issued ffr any promises which are st the Lime the Dense application is received by the director,within three ho^ndred(300)horizontal feet of a church ..vitiin three r;rrdred(301))horizontal feed a puir?iC Or privale school budding t 1h t•s kirrderparlen programs or grades ore(1)through(12)ar.+ifi r three hundred POD)ho•izanat Feet or a fenced recreational area adjeocnt to each school builai11g. The above paragraph DOES NOT apply to: ay Restarrart license(§4-205.02) c)Govemrnentftenss(§4-205.03) b)Hoielhvotel icensc I§4-205,01' Fenn.:;playing area of a Golf course(§4-207{BX5.1 cP 1 11�DrSIe;iPe to nearest school. +t,�'I it_ of school ,13 t•�L14.. }w rt cfi.,+,.� r}+r 5 r�iv0 l _.—" t_ N Address a �,�s c= r...- ..,,'1., rL17U4 Z .I-ue101 cei, l7.. 41q u:' 4 f/e.41a. 'tr*r l City,.Slate.Zip L,pi'r,i.i'rci chart 7 2 Distance to nearest church, CIO_it Name of church_5 r rc ter- ^` ~'I- C k^. r•y, r.., ...____ _.. x ,41(6 Address T � ^1�+�}�"�.,rr "yrr� �lrl��• C3 1L4-'1 �A Z t? 5 .1N th4 qyl :ASS J'� City.81a1e,zip ai 3 l rem the I&Lessee 0 Sublessee 0 Owns• 0 purchaser(of prernrses) M 4 If the premises is leased give lessors Name 1,A) _-471v, 5'� ___�,,,,,......,._.......... _._ Address•-;;113 r T�%s;�:C.�G +,. '5.7. kit! Y5 213 tf„ City,State,Zip 3 4a. Monthly rental/ease rate S t C0 What is the remaining length of the leases yrs MOS, •fig l b What Is the penalty if the lease is not fulfilled? S_(z ,_- or other „„ .• _ . mac,, (give.de:e+ils•-attach arlriltInn l finest,7 neaaeeary) 5 whet IS the total kysiness indebtedness for this IrcertsG7oeation excluding the lease?$ er Please list lenders you owe money to last Fist Mddle Arrant aged r h+0ing Address Oily)tale 21:5 • (ATTACH AD')cflorgot SF�`E�t.rF'NECEE&'R) - 5 What type of business will this license tee used for(be specific)? t'1 be.f,tt r Y' t r! AMENDMENT 08/15/2013 16.57 6025425707 PAGE 03/03 SECTIO/4.15 Diagram of Pre es 4. In this diagram please sho my the area where spirituous mills to be sold,served, consumed, dispensed, possessed or stored. It must show ail entrances, exits,interior walls, bars,bar stools, hi-top tables,dining tables, dining chairs, the kitchen, dance floor,stage,and game room. Do not include parking lots, living quarters,etc. When completing diagram, North is up If a legible copy of a rendering or drawing of your diagram of premises is attached to this application, please write the words°diagram attached°in box provided below. ID I —4 t(1.6 gd,.. x i (..(3) 1 0 r • 00 (9 ss? 1 �� v� K k r ,�� - %, , WV- .�� I YT k '4 r U .. IIj c i,.v ,, 4.0,6. „r:.: 1 . ' .. pao51 r 4l- F Vic- C.: . S s 1! � { - .._ .. . . ei i SECTION le Signature Block l,Pr aloe Crontied i -- l , hereby declare that I am the OWNER(AGENTfiling this ^' (print full name ofapplitwnt a application as stated in Section 4, Question 1 I have read this application and verify ail statements to be s> true, correct and complete 1 k X �.s. ,Cr* ,G ,-)1-2•4 GU (ssanatune oranpttcant listen in Section 4.Cluestton 1) �,tiiiff4. SH,AN'JON Pi, BODNA? state of J4�112Pi ) • Courtly eF. 1 1 r � �'"�-' ; ,;,, ;t .:r,0,-, P1 LIC A�I1)'tA N.''�', --. ��y:;c�•�rss c� r.�� The.foregoing Instrument was1aC/knowfedg=d before me1thihhiiiss - {...=1• ._.. r'•U,�,US:i:?,n j�L (J'CL Of \j til.f _ t/ t ✓ ear My cornmissien expires on, /^ t r�<".d Grt_L ,j1 c'tc-Y } t)vy Month _ar elgeeluro et NOTARY PUBLIC AMENDMENT ROLL CALL VOTE NOTES ITEM # MEETING OF h V , (lvtiyt MOTION BY SECONDED BY YES NO ABSTAINED VICE MAYOR BARKER 1 COUNCILMEMBER WALDRON q� COUNCILMEMBER WILSON 1 I I if 0(itlS \a2JC5k,CILIVIEMBEWRIZZI`` COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Amok ITEM NO. 7 I MOVE THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY COMPANY, SERIES 7 LIQUOR LICENSE FOR HANDLEBAR PUB AND GRILL, SUBMITTED BY PATRICIA CANDACE PLZAK, BE RECOMMENDED FOR (APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. PUBLIC HEARING OIN 1. For APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE,LIMITED LIABILITY COMPANY,SERIES 12 LIQUOR LICENSE FOR SKIES KITCHEN 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. k * d City of Apache Junction, Arizona 300E Superstition Ni, Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 ,u 7 Agenda Item No.8. -14. t File ID: 13-238 Sponsor Kathy Connelly Agenda Date.8/20/2013 Index- Local/State/Federal Statutory Requirement In Control: City Council Meeting .•r Application for an interim permit, new license, limited liability co , series 12 liquor license for Skies Kitchen located at 1535 Old West Highway This public hearing is the next step in the procedure The city council shall make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Consideration and action Attachments.2013 skies kitchen 12 cc, 2013 skies kitchen application part 1,2013 skies kitchen application part 2 City of Apache Junction,Arizona Page 1 Printed on 8/12/2013 AUGUST 8, 2013 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R. HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR AUGUST 20, 2013 APPLICATION FOR A LIQUOR LICENSE FOR SKIES KITCHEN An application for an Interim Permit, New License, Limited Liability Co , Series 12 Liquor License has been submitted by Ms Stephanie Lynn Smith for Skies Kitchen (formerly Sundance Restaurant) located at 1535 E. Old West Highway in Apache Junction. Correspondence has been received from the planning department, police department and fire district, a copy of which is attached The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control Arizona D:• . • ent of Liquor ' - es and Control ~'•1 4 ashi -• - 'or 4. 2 '4*- r 4 i 1 k e,'' ,,i •b — ,- Notice: Effective Nov.1,1997, II,, t".....41 �-- ( Pa • L ^""''^'_^." na•.,L t.',`�' ^� I the dayto day operationsofi`,�a the business must attend a De.: �,t* .i d liqu• r • • of of a the last five years. See page 5 of; the taquor Licensing requirements. >� -i fI. �_✓ ,, -SECTION 1 This applicatio r 0 • �: CTI . / Type of ownership: U MORE THAN ONE LICENSE iv lgt INTERIM PERMIT Complete S•,-, •, 5 't"" `�0'r. 11 J.T. . O.S. Complete Section 6 ,:��. V( NEW LICENSE Complete Sec • r 3,4, • 1 1 IN• AL Complete Section 6 ; U PERSON TRANSFER(Bars& • , :,•res�4 �g�2 `❑^ P 'SHIP Complete Section 6 i. Complete Sections 2,3, 1•^ O�1! f': 74 - TION Complete Section 7 U LOCATION TRANSFER(Bars 1 r :�'�, 1 + ICO .I. 6- ILITY CO. Complete Section 74 Complete Sections 2,3 I y�1, Kok, n • ";.�l.lete Section 8 p ❑PROBATENVILL ASSIGNME . ■ ,• - - e• '.� U , •!4a•�i�11. T Complete Section 10 ♦Ail r Complete Sections 2, , ', 13, • - - - .. • N - 'UST Complete Section 6 O GOVERNMENT Complete Sections 2, 3,4, /0, _`L,Ar L OTHER(Explain) SECTION 3 Type of license and fees LICENSE#( •--t-r 1 kill 1) V9. 1. Type of License(s): RL°5) i U.I^Q)?t (Iv.) Department Ul Onl - 2 Total fees attached $ -I) - APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE)ARE NOT REF DABLE. The fees allowed under A.R.S.44-6852 will be charged for alLdishonored checks, SECTION 4 Applicant CI Mr t4.:„ U�\ lepr,t_ an ( hn 1.Owner/Agent's Name: 0 Ms. C.Jng � \y (Insert one name ONLY to appear on license) Last y / /i' First Middle 2. Corp./Partnership/L L C u 6 E'n t `Sri e_S' --,`-C_ (Exactly as it appears `on s ofInc or Articles of Org) 3 Business Name 'S I. l?3 ' f / i9/fIv (Exactly as it appears on the xterior of pr 4. Principal Street Location /•`6-3 5- 4( CI H.� I/��� //1 it'''°'r" '• b 65: �� ,L,� i Do not use�Pt�Orf�3ox Number) t City County Zip 5 Business Phone / rJ'—`0 31fX,Daytime Phone.4gO-a4c,- 3 y 01 Email: 1 M -ep .iant e.5 mA 6. Is the business located within the incorporated limits of the above city or town? *ES LINO 1 Shrta tk^ e-0-f n 7 MailingAddress-AtSC'. E . Ede.0Pm. ()kJk. Artc-1Q, _talCkiDr tor-7._ %j Hof City State Zip 8 Pnce paid for license only bar, beer and wine, or liquor store:Type $ Type $ ! �y /A� DEPARTMENT USE ONLY q(� h Fees t 0 O - U t 1 O t) ' U o 5-0 . h o D P'O U Application Interim Permit Site Inspection Finger Prints $ //glit TOTAL OF ALL FEES Is Arizona Statement of Citizenship&Alien Status For `State Benefits complete? ❑ YES 0 NO Accepted by %It Date. O l - .1' 13 Lic # 11 I t 3 23 1nl2o13 *Disabled individuals requiring special accommodation,please call(602)542-9027. 1 SECTION 5 Interim Permit: 1 If you intend to operate business when your application is pending you will need an Interim Permit pursuant to A R S 4-203.01. 2 There MUST be a valid license of the same type you are applying for �7curren Jy issued to the location 3 Enter the license number currently at the I cation i ,,1 R t �' LA4 Is the license currently in use?0 YES O If no, how long has it been out of use? 3 hilt t h ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I ` declare that I am the CURRENT OWNER,AGENT, CLUB MEMBER, PARTNER, _.. (Print II name) MEMBER, STOCKHOLDER, OR LICENSEE (circle the title which applies)of the stated license and location State of County of X The foregoing instrument was acknowledged before me this (Signature) day of My commission expires on Day Month Year �`�-� /` (Signature of NOTARY PUBLIC) .-.e..C:S(...1,-1.44—r12-- i'_y .. .fie..1a4D- alei �Y�/^_iii/..IJ��S� r- SECTION 6 Individual or Partnership Owners: EACH PERSON USTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT TYPE FINGERPRINT CARD,AND 522 PROCESSP G F FE FOR EACH CARD. 1 Individual i,) is>. Last _ First Middle %Owned Mailir9 Address _ City State Zip r,.5 Partnership Name. (Only the first partner listed will appear on license) General-Limited Last First Middle %Owned Mailina Address City State Zip ❑ ❑ 'D ❑ !❑ ❑ ❑ ❑ ) Y R ASSECEN WF I T 2 Is any person,other than the above,going to share in the profits/losses of the business? ❑YES ❑ NO If Yes,give name, current address and telephone number of the person(s) Use additional sheets if necessary Last First Middle Mailing Address City,State,Zip Telephone# 2 Mr. Luiz E. Orlando & Mrs. Sylvia Orlando K&D LLC 27 Kingston Road, Romford, Essex, RM1 3NB United Kingdom Telephone number +44-1708727010 or+44-7889630258 IOW Email Address M r.a,LL I t'. f'1 51 .j.:• Arizona Department of Liquor July 12, 2013 Dear Sir/ Madame, Ref. Alcohol license at the SUNDANCE RESTAURANT 1535 E Old West Highway A.J This is to inform you that Mrs. Beverly Keller is no longer our Manager and tenant anymore at the above address Our new tenants are Mr Ricky Nugent, Verlie Nugent, Michele Liversedge and Stephanie �* Smith. Tenancy agreement date started was May 17, 2013 and has been granted for three years contract to us. Your kind attention regarding this matter is highly appreciated, Please do not hesitate to contact us at.the above address or telephone number provided. Thank you very much and May God bless you. :/ Mr. & Mrs Orlando Owner/ Managing Directors q--, CO ..... ,.." , - • • r-I '‘,....,,,,' •-,, , -, ,- ,...., --„, , • W '_5? Ai-, ,..4' ,i I ,s! .,e....kd Ait ,Ae: _6,'" .4 -.. -4' Ai.--t j., \<-:V' Ai. 4,v''' ,,,','. \..• ti 4, .., .f -A.-, '\n_ •-: ,.."..)..'•./rt, .,2A- ' .4 -''. ..2ir ...• ,,,,r-V—. sX' .--',,,i''1, ' ,:.`c i...'-4.:...--,F', ...N' 1.. -4 '1,-, ,..i- y, ' j '7. — V\, trF' eN.- -' '7 '--. ',,,..i. :1 STATE Or ARIZONA 4....... ,,-.. \ I ,i.••-i.k., ..1 ••,, ..-; ' .... < c'...• 1,;'''•.; DEPARTMENT OF LIQUOR LICENSES t , ..„ ..-, .,. ., •,, ,.. ..,,. , • „, , , ... , ,..7..-? - r' • . AND CONTROL ,kt 1 , 1:- -l'-'1• ALCOHOLIC BEVERAGE LICENSE i• f,--.-:,, , ? •• , ,, •_. - , , „...1 ) it r, i., .., i T....4's.. .. License 12113214 :i 1 1 ••>,A.,:'' ‘ 1 ''. r • ! lie'•••,.-) : . ..\,iti ''''N '.`3.'s., ' ;, ,--..-N.:.! .Issued T ofssue Date: 4/19/2012 BEVERLY JEAN KELLER,Agent Restaurant Expiration Date: 8/31/2013 Killing Address: 1 i ..0, 1 ..4 fro) '• -, 1 ,,,' !..,,, ' 'rl \il '.• .) BEVERLY JEAN KELLER • 1 4, ...., k,'''''\t- ..\ );,,, LADcanon: . .I. . i SUNDANCE RESTAURANT K&D LLC eD A 1 SUNDANCE RESTAURANT r- 1 s 1535 OLD WEST HWY .' - N 1535 OLD'WEST HWY,,r- •ts_ii SI APACHE JUNCTION,AZ 85219 ,tt ,• r• APACHE JUNCTION.,AZ 85219 ,..f ;^, •• ..-i to N VI (1 . 1 '-'-'''`,• IS/ .4'''''.• ; ' ri.t.- ( .( •,(_-_,J• 1 -4 .4 '-'% in /14,4t,\.V., ,-;.'4,;;, . • • r AT,,-• i ' • ' v , - . > posymm iicaysE INA COikISPICUOUS FLWE cn i I tly_411 ( ea tie tr- - -- t •\ ' •r.ea••o•-.l, ..rtn-- tA-t' - i. „.1.,..„..., - //....r...,••-••••l ‘ r ' -' 7VI A' I Pf"‘- 4\7 '0 ` i ks 'i'\ h-, t\ , \. . , , / \ 4i -. •:1i \,,.•.-.-r r-,t4.'.,?t49r,i,.*-•1•.11;i — 1 k •-' ..- ..,"•,.., ....,.., • , , t .,... -,* ' •--,' t ) SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM UC0101),AN`APPLICANT"TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH CARD. O pORPORATION Complete questions 1,2,3,f 5, 6, 7,and 8. L.L.C. Complete I,2, 5, 6, 7,and 8. 1. Name of Corporation/L.L C j V itn\€ 6 k \ e> - 1 (Exactly as ppears on Articles of Incorporation or Articles of Organization) 2 Date Incorporated/Organized'5-,�` ( 3 State where Incorporated/Organized .j 1r l 'Z O N 3. AZ Corporation Commission File No. Date authorized to do business in AZ. 4 AZ L.L.0 File No. [- `> g 9 d Date authonzed to do business in AZ 5 Is Corp./L.L.0 Non-profit?0 YES ilk 0 6 List all directors,officers and members in Corporation/L C Last First Middle Title _ Mailing Address City Stater-Zip rnet� �xtene�� bvf Lo La oet- �'� ,� rAfs bet cafe Juc+ 0✓1 7 ,t v e�(��T �1 C 1n P f(`er' `�i t' )• I P(,�fn�t.tor, P Z r,851, 19 (ATTACH ADDITIONAL SHEET IF NECESSARY) 7 List stockholders who are controlling persons or who own 10%or more. Last First Middle %Owned Mailing Address City State Zip _} r _ -- A facin e un LT'cm cP1r.0.n ke Lt,tVl L{SD £ foe 1.4 Z pl'czc e 1 ) grAVk, r Li in i1 a- J . Mkt1\N 1Dt A7 SS ry rnt5 A ti\)t�, �i-,-�. �c�ekr6 It -e [ vv a(A4 6A- s sao� L_ ea8-e \I\'v eV\tk S21 eAro r\' kry\-7) S.51 c;k (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L C is owned by another entity,attach a percentage of ownership chart,and a director/officer/member disclosure for the parent entity Attach additional sheets as needed in order to disclose personal identities of all owners SECTION 8 Club Applicants: EACH PERSON USTED MUST SUBMITA COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT'TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH CARD 1 Name of Club Date Chartered. (Exactly as it appears on Club Charter or Bylaws) (Attach a copy of Club Charter or Bylaws) 2 Is club non-profit? ❑ YES ❑ NO 3 List officer and directors. Last First Middle Title Mailing Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 SECTION 9 Probate,Will Assignment or Divorce Decree of an existing Bar or Liquor Store License: 1 Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2 Assignee's Name Last First Middle 3. License Type: License Number Date of Last Renewal 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL,PROBATE DISTRIBUTION INSTRUMENT,OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION SECTION 10 Government: (for cities,towns,or counties only) 1. Governmental Entity 2. Person/designee. Last First Middle Contact Phone Number A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE(Bars and Liquor Stores ONLY-Series 06,07,and 09). 1 Current Licensee's Name: Entity' (Exactly as it appears on license) Last First Middle (Indio,Agent,etc.) 2 Corporation/L L C Name (Exactly as it appears on license) 3. Current Business Name (Exactly as it appears on license) • 4 Physical Street Location of Business Street .r? City, State, Zip • 5 License Type: License Number +" 6. If more than one license to be transfered•License Type License Number , .. ry ia. 7.Current Mailing Address Street (Other than business) City,State,Zip 8 Have all creditors, lien holders,interest holders,etc been notified of this transfer? ❑ YES I-1 NO 9 Does the applicant intend to operate the business while this application is pending? C YES C NO If yes,complete Section 5 of this application,attach fee,and current license to this application. 10. i, ,hereby authonze the department to process this application to transfer the (print full name) privilege of the license to the applicant, provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue ,declare that I am the CURRENT OWNER, AGENT,MEMBER,PARTNER (print full name) STOCKHOLDER, or LICENSEE of the stated license I have read the above Section 11 and confirm that all statements are true, correct, and complete. State of County of (Signature of CURRENT LICENSEE) The foregoing insyument was acknowledged before me this Day Month Year My commission expires on. 4 (Signature of NOTARY PUBLIC) SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE 1 Current Business Name (Exactly as it appears on license) Address 2. New Business: Name (Physical Street Location) Address 3. License Type. License Number 4 If more than one license to be transferred License Type License Number 5 What date do you plan to move? What date do you plan to open? SECTION 13 Questions for all in-state applicants excluding those aoplyinv for government.hotel/motel,aag restaurant licenses (series 5, 11,and 12)• ! A.R.S §4-207(A)and(B)state that no retailer's license shall be issued for any premises which are at the time the license application is received b - the director,within three hundred(300)horizontal feet of a church,within three hundred(300)horizontal feet of a public or private school building with, kindergarten programs or grades one(1)through(12)or within three hundred(300)ho nal feet of a fenced recreational area adjacent to such school build' The above paragraph DOES NOT apply to a)Restaurant license(§4-205 02) c)Government license(§4-205.03) b)HoteUmotel license(§4-205.01) d)Fenced playing area of a golf course(§4-207(a.. r1.a 1 Distance to nearest sc... • ft Name of school Address City, State,Zip 2. D'= ance to nearest church. ft. Name of church Address City, State,Zip 3 I am the /Lessee 1-1 Sublessee ❑ Owner U Purchaser(of premises) t � r` 4. If the premises is leased give lessors Name t.{jt f ELT(_ 1 N ` _ _j J Vini 1 Address ll • ? aD ity, State,Zip d11 �{�h O c3O 4a Monthly rental/lease rate$ v b What is the remaining length of the lease 3 yrs mos. 4b. What is the penalty if the lease is not fulfilled? $c X -Q 0 or othert&a�e Fe/OD 11f7?..e 3 fS J --o577' (give details-attach additional sheet if necessary) 5.What is the total business indebtedness for this license/location excluding the lease?$ fl Please list lenders you owe money to Last First Middle Amount Owed Mailing Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 6 What type of business will this license be used for(be specific)? Pp C (,�( U,r.A 5 / 3 7.2 vto ts"'zL94 Ot a.3a e ea-li psi-,rL-/ ? —, eiy 7 s3 oSVZ &LA-c? LEASE AGREEMENT THIS LEASE AGREEMENT(this"Lease")is made and entered into this 17`s day of IV)Aidi 2013,by and between Lusy,LLC,an Arizona Limited Liability Company,hereinafter designated as"Landlo and Nugent Skies,LLC,an Arizona Limited Liability Company,hereinafter designated as"Tenant" SUMMARY OF LEASE r,7 The following terms and provisions of this Lease are included in this Summary of Lease for summary anti s definitional purposes only. If there is any conflict or inconsistency between any term or provision in this Summary of Lease and any other term or provision of this Ise,the other term or provision of this Lease shall control- A. Landlord.Lusy,LLC an Arizona limited liability company -39 B. Tenant: Nugent Skies,LW,an Arizona Limited Liability Company C. Address of Landlord and Tenant for Notices.See Section 24.7 D Lease Term:Three(3)years,renewable(the"Term"),as detailed in Section 4 E. Premises: The Premises are the Sundance Restaurant,1535 E.Old West Highway,Apache Junction,Arizona 85119(the"Premises"or the"Restaurant"). F Rentable Square Feet of Premises.5,500 Rentable Square Feet of space. G. Minimum Monthly Rent:$3,000.00 per month,except that no rent is due and payable for the months of June,July,and August. H. Security Deposit and One Month Advanced Rent: Tenant herein agrees to pay upon execution of this Lease$3,000 00 as a security deposit and$3,000 00 advanced rent for a total of$6,000.00 upon execution. I Tenant's Additional Monthly Payments to Landlord as Part of Rent:$346.66 per month for insurance,to be paid as"Additional Rent"on the 1'day of each month along with Minimum Monthly Rent payment. J. Guaranty: Virlie Nugent and Richard Nugent will personally guaranty payment of the Minimum im Monthly Rent and all other payment obligations that are found in this Lease Agreement (including, but not limited to the security deposit and last month's rent, all rental payments, and payments of$346.66"additional rent"per month for casualty and landlord's liability insurance). K. Payments made by Deposit. Tenant to deposit all monies due and payable into Wells Fargo account number 5534880348. In consideration of the rents,covenants and agreements given and exchanged in this Lease,Landlord leases to Tenant and Tenant agrees to lease from Landlord, the Sundance Restaurant (the `Premises") described above, upon the following terms and conditions. 1. PREMISES 1.1 Demise. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the following described property located in Pinal County,Arizona: That certain restaurant named the Sundance Restaurant Iocated at 1535 E. Old West Highway, Apache Junction,Arizona 85119 (the"Premises"or the"Restaurant"). 1.2 Parking Lot and Property. The use and occupation by Tenant of the Premises shall include the use of parking areas, sidewalks, and the real property on which the Premises is found. Tenant's use of the Parking Lot and Property on which the Restaurant/Premises is found shall be subject to the terms and conditions of this Lease and to reasonable rules and regulations for the use thereof as prescribed from time to time by Landlord. Lan Taunt 2. rE 2.1 Use and Trade Name• Tenant shall occupy and use the Premises solely for a Restaurant. While the current name of the Restaurant is "Sundance Restaurant," Landlord hereby gives Tenant permission to use a different name for the restaurant subject to Landlord approval. Tenant shall not use the Premises for any other purpose or purposes or under any other trade name whatsoever without the prior written consent of Landlord. Tenant shall not engage in any activity which will increase the existing premium rate of insurance on the Premises or cause a cancellation of any insurance policy covering the Premises or any part thereof. Tenant shall not sell,or permit to remain in or about the Premises any article that may be prohibited wirier standard form fire insurance policies. Provided Tenant is not in default of the terms and conditions of this Lease,Landlord shall grant to Tenant the exclusive right to operate a Restaurant in the Leased Premises. Tenant shall comply promptly with all applicable statutes, ordinances, rules, regulations, orders, restrictions of record, and requirements in effect during the Lease Term. Tenant's failure to do so may be deemed,at Landlord's discretion,to be a default of this Lease Agreement.; r, 2.2 Obligations and Restrictions. (a) Tenant shall not use the Premises for or carry on or permit any offensive, noisy,io, dangerous trade, business, manufacture or occupation, or any nuisance or anything against public policy. The Premises shall not be used or permitted to be used in whole or in part for any purpose or use in violation of any the laws, ordinances, regulations or rules of any public authority at any tune applicable thereto. Furthermore:, Tenant will not use or permit the Premises to be used in any manner that will jeopardize the structural integrity hf the Premises or any part thereof. (b) Tenant shall affirmatively determine and strictly comply with all municipal,county,snirti. or federal statutes, ordinances, or regulations concerning (1) safe and sanitary food preparation, handling, and serving; and (2) disposal of chemicals and other"hazardous wastes," whether defined by local, state or federal agencies,utilized or generated by Tenant's operation of a Restaurant. In any event,Tenant shall not discharge into the Premise's sanitary sewer system any such chemicals,hazardous wastes,or other noxious fluids or solids. (c) No aerial or antenna or any other item shall be erected by or at the instance of Tenant on the roof or exterior walls of the Premises without first obtaining in each instance the written consent of Landlord. (d) Tenant shall not employ any type of sound emitting device in or about the Premises that is audible outside the Premises,except for fire and burglar alarms. 23 Deliveries. Landlord reserves the right to further regulate the activities of Tenant in regard to deliveries and servicing of the Premises,and Tenant agrees to abide by such further nondiscriminatory regulations of Landlord. 3. CONDITION OF PREMISES 3.1 Tenant's Acceptance. Tenant hereby accepts the Premises in their present existing condition as of the date of execution of this agreement. Tenant accepts this I ease subject to all existing and applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises. Tenant acknowledges that neither Landlord nor Landlord's agent have made any representations or warranties regarding the condition of the premises or the suitability of the Premises for the conduct of Tenant's business. 3.2 Assumption of Risk. The use of the Premises and the use of the Landlord's trade fixtures,equipment, and personal property by Tenant, its employees, customers, and invitees shall be at Tenant's sole risk. Tenant agrees that Landlord shall not be liable for injury to Tenant's business or any loss of income therefrom. In addition, Landlord shall not be held liable for any damage to any person or any person's property,including Tenant,Tenant's employees, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defect of pipes,sprinklers,wires,appliances,plumbing,air conditioning or lighting fixtures,or from any other cause,whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the building of which the Premises area part,or from other sources or places,and regardless of whether the cause of 2 Landi.•.' Tenant such damage or injury or the means of repairing the same is inaccessible to Tenant. Landlord shall not be responsible or liable to Tenant for any claims for loss or damage caused by the acts or omissions of any employees, customers,or invitees of the Leased Premises. 4. TERM AND COMMENCEMENT DATE 4.1 Term. The initial term (the "Term") of this Lease shall be for thirty-six (36) months from the Commencement Date of May 17,2013 and ending on May 17,2016,unless the Lease is terminated pursuant to any provision herein. Reference in this Lease to a "Lease Year" shall mean each successive twelve-month peegd commencing with the first day of the month in which the term or this Lease commences. r.‘,' 4.2 Commencement Date.The I PAW Term begins on May 17,2013(the"Commencement Date"). r 4.3 Option to Renew. Tenant shall have the option to renew the lease after the expiration of the ldase Term,subject to Landlord's approval in Jandlord's sole discretion and subject to Landlord's rent review. .o 5. RENT 5.1 Minimum Monthly Rent.Tenant covenants and agrees to pay$3,000.00("Minimum Monthly Refit"") to Landlord in United States funds without set off offset, deduction,prior notice, or demand,on the seventeenth (17th) day of each calendar month beginning with the Commencement Date, plus applicable city and state taxes, except that no rent will be due for the months of June,July or August during the Lease Term. 5.2 Late Charges and Interest. If any installment of Minimum Monthly Rent or other payment required of Tenant hereunder is not paid within five (5)business days following the date due,Landlord may,at Landlord's option,charge Tenant a late charge ("Late Charge") equal to$100.00 or five percent(5%) of the overdue amount, whichever is more, as liquidated damages to compensate I andlord for potential inability to meet financial obligations and the additional expense of handling delinquent payments (the exact amount of Landlord's injury being impractical to calculate). A late fee of$50.00 per day will be charged after the 5th business day of each month for each day of unpaid rent and additional payments required by this Lease. At Landlord's option, any sum not paid by Tenant within thirty(30)days of date due shall also bear interest at the rate of 10 percent per annum from the date due until paid in full. Landlord's acceptance of a late charge(or interest) shall not waive the underlying delinquency or bar the exercise of other remedies for non-payment under this Lease. 53 Additional rent All payments other than Minimum Monthly Rent required of Tenant under this Lease Agreement shall constitute additional rent("Additional Rent")due and payable with Minimum Monthly Rent on the seventeenth(17th)day of the month(or at Landlord's option,within thirty(30)days of wntten demand) 5.4 Time and Place of Payment. All amounts to be paid by Tenant pursuant to this Lease shall be paid to Landlord,on the date due,by deposit into Wells Fargo account number 5534880348. 5.5 Rent Review at End of Lease Term: Landlord shall conduct a rent review after the end of the Less term May 17,2016 and,at the sole discretion of the Landlord,may increase the monthly rental amount at that time. 6. MAINTENANCE.REPAIRS.ALTERATIONS AND TRADE FIXTURES 6.1 Landlord Ownership of and Tenant's Obligation to Clean and Repair Trade Fixtures, Furnishings.. Equipment and other Personal Property of Landlord . Landlord owns valuable trade fixtures, furnishings,equipment,and other personal property listed in"Exhibit A"attached hereto as well as any other trade fixtures, furnishings, equipment and other personal property located in and on the Premises as of the date of execution of this Agreement. Tenant hereby agrees to clean the griddle, ovens, stove, fryers, and other cooking appliances and materials on a regular basis and pursuant to applicable local, state, and federal laws, rules, and regulations. Tenant also agrees to maintain in good condition and repair all items hated m"Exhibit A." Tenant 3 , pinata .r f Tama agrees to pay to replace and/or have repaired any of these items destroyed or broken during the Lease Term or any Renewed Lease Term. 6.2 Tenants'Responsibilities. Tenant, at Tenant's expense, shall keep the Premises,the items listed in "Exhibit A,"and all other fixtures,equipment, and property in good order,condition,and repair. This maintenance and repair obligation also includes, but is not limited to, all plumbing, sewer, septic, heating, air conditioning, yenta. 'rig, hot water heaters, carpeting, floor coverings,draperies,electrical and lighting facilities and equipment located on the Premises. Furthermore,this maintenance and repair obligation also includes fixtures, interior walls, exterior walls,ceilings,windows,doors,plate glass and skylight and signs located in the Premises and all sidews adjacent to the Premises. Tenant will also maintain the roof and roof structure. All work performed by Tenant* furtherance of maintenance and repair must conform to all City,County,State,and Federal codes. Tenant agree 'to pay to replace and/or have repaired any of these items destroyed or broken during the Lease Term or any Renewed Lease Term. Tenant's refusal to conduct such maintenance and necessary repairs will be deemed a material brcac"ii of the lease Under no circumstances will Landlord be responsible for costs of these maintenance and repair items:; r- 63 Exterior of Property and Parllinir Lott Tenant shall maintain the exterior of the property,includmi but not limited to,sweeping of the panting lot and sidewalks,tramming of bushes,grass or shrubs,and removal of weeds. Tenant shall keep the property on which the Premises are found free of uncontained garbage or trash. Tenant shall not place any items outside the Premises,such as chairs,tables,or other equipment,except on a temporary basis,not to exceed 24 hours. Tenant shall also maintain the asphalt in the parking lot. 6.4 Alterations. Tenant shall not, without Landlord's prior written permission,make any alterations or improvements to the Premises. Any permitted alterations or improvements shall be made at Tenant's sole expense, pursuant to plans and specifications previously approved in writing by Landlord and upon such other reasonable conditions as Landlord shall require. All permitted alterations or improvements shall be the property of Landlord and shall be surrendered with the Premises at the end of the Lease Term. All construction shall be performed by a contractor licensed by the State of Arizona. 6.5 Liens. Landlord shall not be liable for any credit, labor, or material furnished or to be furnished to Tenant in connection with Tenant's operation, maintenance, repair, improvements, or alterations of the Premises. No mechanics lien,other lien,or security interest for any credit,labor,or materials so furnished shall be permitted to attach to or affect the Premises. If such.a lien or security interest is recorded against or attached to the Premises,the Building, or Complex, Tenant shall immediately discharge and/or remove the same by payment or statutory lien bond. If Tenant has not removed and/or discharged such a lien or security interest within thirty(30) days after demand, Landlord may discharge the same by advancing payment, and the amount so advanced, with interest thereon at the rate of 10% per annum from date of advance until paid in full shall be payable by Tenant as Additional Rent. 6.6 Xandlord's Right to Repair. If Landlord reasonably considers that some item of maintenance or repair is needed,Landlord shall so notify Tenant in writing,and Tenant shall promptly affect such maintenance or repair. If Tenant should fail to affect such maintenance or repair within ten days written notice, Landlord may,at the Landlord's discretion,enter the Premises and make repairs at Tenant's expense. The cost thereof together with interest thereon at the rate of 10%per annum shall be due and payable as additional rent to Landlord together with Tenant's next rental installment. 6.7 Sanitation. Tenant shall provide and maintain in and about the interior and exterior of the Premises sufficient sanitary receptacles in which to place any refuse or trash. Tenant shall cause such refuse or trash to be removed from the area as often as required to maintain a sanitary condition. Tenant shall sweep as needed and keep the sidewalks and area immediately adjacent to the Premises free of refuse. 6.8 End of Term. On the last day of the Lease Term hereof unless renewed by Tenant then on the last day of the renewed Lease Agreement,or on any sooner termination,Tenant shall surrender the Premises to Landlord in the same condition as received,broom clean,ordinary wear and tear excepted. 4 Imdlo d Tena>a 7. SECURITY DEPOSIT 7.1 Security Deposit. If Tenant defaults in respect to any of the terms, provisions, covenants and conditions of this Lease, including but not limited to the payment of rent, Landlord may use, apply, or retain the whole or any part of the$3,000.00 security deposit for the payment of any rent in default or for any other sum which Landlord may spend or be required to spend by reason of Tenant's default If any portion of said deposit is so used or applied,Tenant shall,within five(5)days after written demand therefor,deposit cash with Landlord in an amount sufficient to restore the security deposit to its original amount of$3,000.00.Landlord's rights with reference t¢lhe security deposit shall be in addition to and shall not preclude any other rights,remedies, or recoveries available'to Landlord by law or under the terms of this Lease. tx 7.2 return of Deposit. Should Tenant fully and faithfully comply with all of the teams,provisions, covenants,and conditions of this Lease,the security deposit or any balance thereof shall be returned to Tenant driat the option of Landlord,to the last assignee of Tenant's interest in this Lease at the expiration of the Lease Term. . 73 Release of Liability for Return of Deposit Tenant agrees that in the event Landlord shall se) 'or exchange Landlord's interest in the Premises during the Lease Term, Landlord may pay the deposit to ly subsequent owner and in such event,Tenant does hereby agree to release Landlord from all liability for the returikif such deposit. 8. ADVANCED RENT Tenant shall pay Landlord upon execution hereof$3,000.00 to be kept by Landlord for the last month's rent. 9. SURRENDER OF PREMISES Upon the expiration of the Lease Term, or any Renewed Lease Term, or upon Landlord's termination of this Lease Agreement as a result of Tenant's Default,Tenant shall surrender the Premises in good order,condition and repair, reasonable wear and tear excepted, and clean and free of refuse. Should Tenant not surrender the Premises in good and clean condition,Landlord shall have the option,in addition to any other nghts and remedies it may have, to apply the security deposit provided herein toward the expense of cleaning and repairs. Before surrendering the Premises,Tenant shall remove any of Tenant's signs,personal property and trade fixtures and any of Tenant's alterations or additions to the Premises as Landlord may require and shall repair any damage caused by such property or the removal thereof. Tenant shall deliver to Landlord all keys to the Premises at the time of surrender. 10. INSURANCE 10.1 Casualty Insurance. (a) Landlord and Tenant hereby agree that Landlord shall obtain and maintain during the entire Lease Term(and any renewed Lease Term)an insurance policy or policies covering loss or damage to the Premises, in the amount of the full replacement value thereof, providing protection against all perils included within the classification of fire,extended coverage,vandalism,malicious mischief, special extended perils(all risk),sprinkler leakage damage,and boiler explosion coverage on the Premises. (b) Landlord and Tenant agree that Landlord shall obtain and maintain during the entire Lease Term (and any renewed Lease Term) an insurance policy or policies covering loss or damages to Landlord's equipment,trade fixtures,merchandise,and personal property(some of which is listed in Exhibit A hereto). (c) Tenant will be solely responsible,at Tenant's option and discretion, whether or not to obtain and maintain an insurance policy covering any of Tenant's personal property that is or may be on the Premises during the Lease Term. ' 5 .r; lb Tenant ' 10.2 Liability Insurance Andlndenunification (a) Waiver and Indemnification. Tenant,as a material part of the consideration to be rendered to Landlord under this Lease,hereby waives all claims against Landlord and management company for damage to goods,wares,merchandise,and equipment,in,upon or about the Premises and for injuries to persons m or about the Premises, from any cause whatsoever arising at any time. Tenant shall Indemnify, defend and hold Landlord and management company harmless for, from and against any damage or injury to any person, or the goods, wares, merchandise, and equipment of any person,arising from the possession,use,maintenance or repair of the Premises by Tenant, the failure of Tenant to keep the Premises in good condition and repair as herein provided, any act or omission of Tenant or Tenant's agents and employees,any default by Tenant under this Lease,and any other acts or omissions which result in personal injury,loss of life or property damage sustained in or about the Premises. w. (b)',lability Insurance. During the entire Lease Term, Tenant shall maintain property damage and public liability insurance, insuring claims for personal injury, death, or property damage occurring out of tk5e ownership, use, occupancy, or maintenance of the Premises. The limits of liability of such insurance shall b 'it minimum of$1,000,000.00. Tenant's failure to obtain and maintain this insurance coverage may be deemed--a material breach of this lease Tenant must provide proof of liability insurance to Landlord at Landlord's request aid Tenant's failure to do so will be deemed a material breach of this lease. • 103 Payment of Insurance Premiums by Tenant as Additional Cost of Rental. Tenant hereby agrrs that as additional rental,Tenant shall be responsible to pay$346 66 per month to Landlord,on the first day of ekt month, for the cost of all the insurance this Lease Agreement requires Landlord to obtain and maintain during tle lease term. Tenant shall have no rights under Landlord's policies of insurance,shall not be entitled to be named an additional insured thereunder,and shall have no right or claim to proceeds payable in connection therewith. Prior to the Commencement Date,Landlord shall provide Tenant with evidence of insurance as stated in this section. If the cost of the insurance premium(s)increases,Landlord will provide written proof to Tenant,and Tenant's obligation to pay will increase accordingly. 10.4 Liquor Liability Insurance. Tenant is required to obtain and maintain liquor liability insurance for the Premises during the Lease Term and any renewed Lease Term. Tenant shall provide proof of Tenant's policy for Liquor Liability Insurance within thirty(30)days of the first day of occupancy. Should Tenant fail to provide such proof Landlord in its sole discretion may terminate this Lease If Tenant is unable to provide proof of Liquor Liability Insurance within thirty(30) days to Landlord, Tenant must notify Landlord before the expiration of the thirty(30)day period. If the Landlord, in its sole discretion believes that unforeseen circumstances and hardships are preventing Tenant from obtaining the liquor liability insurance, Landlord may extend the time period for obtaining this insurance; however, in no event and under no circumstances shall Tenant be longer than sixty(60) days from the first day of occupancy to provide Landlord with written proof to Landlord of Tenant's liquor liability insurance. 11. WORKERS'COMPENSATION. Tenant shall during the Lease Term and any other period of occupancy,at Tenant's sole cost and expense, keep m full force and effect Workers Compensation and Employers Liability Insurance(as required by State law). 12. TAXES. 12.1 Real Property Taxes. Landlord shall pay prior to delinquency all real property taxes associated with the property. The term"real property taxes"as used herein shall mean and include all taxes and assessments of whatsoever nature imposed upon or levied against the real property and permanent improvements constituting the Premises or any portion thereof 12.2 Tenant Obligation to Pay Certain Taxes. Tenant shall be solely responsible to pay any excise, sales,use or transaction privilege taxes,and payroll taxes now or hereafter legally levied or imposed during the Lease Term or any extension or renewal of the Lease Term. Tenant must provide a copy of the sales tax return on a monthly basis to Landlord and proof to Landlord each month that these taxes are being paid. Tenant must pay 6 Landklienant 114-F payroll taxes in Tenant's name. Failure to pay these taxes in a timely manner is considered to be a default of this Lease Agreement. 12.3 Personal Property Taxes. Tenant shall pay, prior to delinquency, all taxes levied upon fixtures, furnishings,equipment and all other personal prupe."ty belonging to Tenant and placed on the Premises by Tenant. In the event any or all of such personal property of Tenant shall be assessed and taxed with Landlord's real property, Tenant shall pay to Landlord Tenant's share of such taxes within ten(10)days after delivery to Tenant by Landlord of a statement in writing setting forth the amount of such taxes applicable to Tenant's property. rt 13. PRO$1BITION ON ASSIGNMENT. ,y Tenant shall not transfer or assign the Lease(or Tenant's right thereunder), delegate Tenant's obligat gps under the Lease,assign,transfer,or sublet the Premises,permit the Premises or any part thereof to be used by'mitts, or otherwise permit any of the foregoing by indirection. Any attempt to do any of the foregoing shall be void from inception;provided,however,that Landlord may,in mitigation of damages,collect Minimum Monthly Rent(and-all other charges permitted hereunder) from the purported transferee, assignee, subtenant, or occupant until such:Are removed from the Premises by Landlord;and provided further that acceptance of such Minimum Monthly Rent(and all other charges permitted hereunder) shall not be deemed a waiver of this provision, and acceptance of;tie purported transferee,assignee, subtenant, or occupant as a new tenant or otherwise shall not release Tenant figra Tenant's performance under the Lease. Nothing in this paragraph shall require Landlord to release any Guarantor`3n the event it approves any assignment contemplated hereunder. Any assignment or subletting without the pttor written consent of Landlord shall be void,and shall,at the option of Landlord,terminate this Lease. 14. UTILITIES Tenant shall pay for all water,gas,heat,light,power,telephone,cable,solid waste/garbage removal,and any other utilities and services supphed to the Premises,together with any taxes thereon. Tenant shall transfer all utilities into Tenant's name within thirty(30)days of the first day of occupancy. Failure to perform any of the obligations of this paragraph 14 will be considered a material default of this Lease Agreement and Landlord may terminate the lease. 15. ENTRY AND INSPECTION 15.1 Landlord's Right of Entry. Tenant shall permit Landlord and Iandlord's agents to enter into and upon the Premises at all reasonable times for the purpose of inspecting the same,maintrining the building in which the Premises are situated,making repairs,alterations or additions to any other portion of the building,including the erection and maintenance of such scaffolding,canopy, fences and props as may be required,or posting notices of -- non-liability for alterations,additions or repairs,or any other lawful purpose. Landlord shall be permitted to do any of the above without any rebate of rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned. Tenant shall permit I-milord or Landlord's agent,at any time within ninety(90)days prior to the expiration of this Lease,to place upon the Premises any usual or ordinary"For Lease" signs. During such period,Landlord or Landlord's agent may,during normal business hours,enter upon and exhibit the Premises to prospective tenants. 15.2 Tenant Unavailability. If Tenant shall not be personally present to open and permit an entry into the Premises,at any time when for any reason an entry therein shall be necessary or permissible,Landlord or Landlord's agents may forcibly enter the same,without rendering Landlord or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease. 16. DAMAGE AND DESTRUCTION OF PREMISES 16.1 Obligation to Repair. In the event of(a)a destruction of the Premises during the Lease Term which requires repairs to the Premises,or(b)the Premises being declared ins*or unfit for occupancy by any authorized public authority for any reason other than Tenant's act, use or occupation, which declaration requires repairs to either the Premises or said building, Landlord shall commence to make such repairs within sixty (60) days after Tenant gives T andlord written notice of the necessity therefor. No such destruction (including any destruction 7 Landlord Te ent 22.13 Tenant's failure to perform any other provision of this I else,if the failure continues for thirty(30)days after written notice thereof from Landlord; 22.1.4 If a petition or proceeding under the Federal Bankruptcy Act or any amendment thereto is filed or commenced by or against Tenant or any guarantor of this Lease, and if against Tenant, said proceedings shall not be dismi.'d within sixty(60)days following the commencement thereof; 22.15 If Tenant or any guarantor of this Lease is adjudged insolvent,makes an assignment for the benefit of Tenant's creditors,or enters into a similar arrangement with Tenant's creditors; 22.1.6 If a writ of attachment or execution is levied on the Leasehold Improvements or Tenant's interest in the Premises and is not released or satisfied within sixty(60)days thereafter, c,a 22.1.7 If a receiver is appointed in any proceeding or action to which Tenant is a party vcath authority to take possession or control of the Premises or the business conducted thereon by Tenant;or 22.2 Remedies Upon Default. Upon a default of Tenant, as defined in paragraph 22.1 above, Landlord, in addition to any other rights or remedies it may have hereunder or at law or in equity, shall have the immediate right without any further demand or notice,to pursue any one or more of the following remedies: n (a) re-enter the Premises and remove all persons and property therefrom,mmming all reasonalie force necessary so to do,without liability to any person for damage or injury sustained by reason of such removals (b) lock the doors to the Premises and exclude Tenant therefrom; (c) retain or take possession of any property belonging to Tenant upon the Premises pursuant to Landlord's statutory landlord lien. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant,without liability to any person for damages sustained by reason of such removal or storage,but Landlord shall not be obligated to effect such removal, (d) render such performance required of Tenant, other than the payment of Minimum Monthly Rent, and charge all costs and expenses incurred in connection therewith to Tenant, and all amounts so charged shall be due and payable immediately to Landlord upon presentment of a statement to Tenant indicating the amount and nature of such costs or expenses; (e) terminate this Lease by written notice to Tenant.In the event of such termination,Tenant agrees to immediately surrender possession of the Premises. Should Landlord terminate this Lease, Tenant shall have no further interest in this Lease or in the Premises, and Landlord may recover from Tenant all damages Landlord may incur by reason of Tenant's breach, including the cost of recovering the Premises, reasonable attorneys'fees,and the value at the time of such termination of the excess,if any,of the amount of rent and charges equivalent to rent reserved in this Lease for the remainder of the Lease Term over the then reasonable rental value of the Premises for the remainder of the I Pose Term,all of which amounts shall be immediately due and payable from Tenant to Landlord,at Landlord's election, (f) without termination of this Lease,recover from Tenant all rent and charges equivalent to rent reserved hereunder as the same become due and payable from time to time,and/or (g) without termination of this I PAQa, attempt to relet the Premises or any part thereof(but without any obligation so to do on the part of Landlord),as agent and for the account of Tenant, for such term or terms(which may be for a term extending beyond the Lease Term)and at such rental and upon such other terms and conditions as Landlord,in its sole discretion,may deem advisable,with the right to make alterations and repairs to the Premises the expenses of which shall constitute an indebtedness from Tenant to Landlord,immediately payable. Upon such reletting,the rents received by Landlord from such relettmg shall be applied first to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any cost and expenses of such reletting and of such alterations and repairs, third, to the payment of rent due and unpaid l 10 ill t Analord Tenant hereunder;and the residue,if any,shall be held by Landlord and applied in payment of future rent as the same may become due and payable hereunder. If the rents received from such reletting during any month be less than that to be paid during that month by Tenant hereunder,Tenant shall pay any such deficiency to Landlord. Such deficiency shall be calculated and paid monthly and Landlord may bring an action therefor as such monthly deficiencies may arise. Notwithstanding any such reletting without termination, Landlord may at any time thereafter, elect to terminate this Lease for such previous breach. 223 Remedies Cumulative. No remedy herein conferred upon Landlord shall bo considered exclusive of any other remedy, but the same shall be cumulative and shall be in addition to every other remedy given hereunder,or now or hereafter existing at law or in equity or by statute. 22.4 No Waiver. No delay or omission of Landlord to exercise any right or power arising from any default shall impair any such right or power, or shall be construed to be a waiver of any such default or an acquiescence therein. No waiver by either party of the breach of any covenant of this Lease by the other party shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Lease,nor shall the acceptance of rent during any period in which Tenant is in default in any respect,other to the payment of rent,be deemed to be a waiver of such default by Landlord. r- 22.5 Intergst on Unpaid_Sums. In the event any monies become due and payable from Tenant ip Landlord and payment is not promptly made when due,then any and all sums unpaid shall bear interest at eighteen percent(18%)per anrmm from the due date. r• 22.6 No Acceptance of Surrender. No act or conduct of Landlord, whether consisting of reentk taking possession or =letting the Premises or obtaining appointment of a receiver or accepting the keys to tt$e Premises,or otherwise,prior to the expiration of the Lease Term shall be deemed to be or constitute an acceptance of surrender of the Premises by Landlord or an election to terminate this Lease unless Landlord exercises in writiil its election under paragraph 22.2(e)of this Lease. Such acceptance or election by Landlord shall only be effected, and must be evidenced, by written acknowledgment of acceptance of surrender or notice of election to terminate signed by Landlord. 22.7 Default of Landlord. In the event of breach, default or noncompliance herewith by Landlord, Tenant shall, before exercising any right or remedy available to it, give Landlord written notice of the claimed breach,default or noncompliance. For thirty(30) days following such notice(or such longer period of time as may be reasonably required to cure a matter which, due to its nature,cannot reasonably be remedied within thirty(30) days),Landlord shall have the right to cure the breach,default or noncompliance involved. 22.8 Limitation of Remedies. Notwithstanding anything in this Lease to the contrary, Tenant agrees that it shall look solely to the estate and property of Landlord in the land and building constituting the Premises for the collection of any judgment(or other judicial process requiring the payment of money by Landlord in the event of any default or breach by Landlord with respect to any of the terms, covenants, and conditions of this Lease to be observed and/or performed by Landlord,and no other assets of Landlord shall be subject to levy,execution or other procedures for the satisfaction of Tenant's remedies. 23. CONDITIONAL OPTION TO PURCHASE At the end of the lease term,Tenant has the conditional option to purchase the Premises from Landlord. This option to purchase is conditioned upon(1) Tenant providing to Landlord all financial records necessary for Landlord to assess Tenant's ability to pay; and(2)Landlord determining, in its discretion,from Tenant's financial records whether Tenant's financial status is sufficiently strong to minimize risk of default If the Landlord, at Landlord's sole discretion, deems Tenant's financial status to be sufficient and healthy enough so that the risk of default is low,Landlord will grant to Tenant the option to purchase the Premises. 24. MISCELLANEOUS 24.1 Estoppel Certificates. From time to time,Tenant,within fifteen(15)days after notice,shall execute and deliver to Landlord, in recordable form, a certificate to be furnished by Landlord stating this Lease is 11 111 Iandlotd Terffint V unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect)and confirming any other information whatsoever reasonably requested by Landlord to establish the terms and status of the terms created by this Lease. If Tenant fails to deliver the requested certificate as requested by Landlord within the fifteen(15)day period,Landlord may rely conclusively that such statement is true and correct. Landlord agrees to supply Tenant a similar estoppel certificate as set forth above upon request by Tenant. 24.2 interest Rate. Except where specified to the contrary elsewhere in this Lease,any payment of money required of Tenant,if not paid when due,shall bear interest at an annual rate equal to ten percent(10%). 243 Jtelease Upon Sale of Building. Tenant and Landlord agree that if Landlord sells the Premises,all of the terms of the Lease shall be transferred to the new Owner and Landlord shall immediately and automatically be relieved from all liability under the Lease. Tenant agrees that if any Security Deposit or prepaid rents have been paid by Tenant, Landlord may transfer or credit the Security Deposit or prepaid rent to Landlord's successor and upon such transfer or credit,Landlord shall immediately and automatically be discharged from further liability fort.-: the same. r-, 24.4 Binding Effect. This Lease shall extend to and bind the respective heirs, personal representatives, successors, and permitted assigns of the parties. If there shall be more than one Tenant, they shall all be bound r-..1 jointly and severally by the terms,covenants,and agreements of this Lease 24.5 No Venture Partnership. This Lease shall not be construed to make Landlord a partner or joint venture of Tenant, the relationship between Landlord and Tenant with respect to the T P.ase being solely that of 32 Landlord and Tenant 24.6 Choice of Law and Venue. This Lease and its performance shall be governed by the laws of the State of Anzona. The parties agree that any court action relating to this Lease shall be instituted and prosecuted only in a court of competent junsdiction in Mancopa County,Arizona,and each party waives his rights, if any,to institute or prosecute suit in any other forum than Maricopa County,Arizona. 24.7 Notices. Any notice or other communications required or permitted hereunder shall be sufficiently given if hand delivered or sent by Registered Mail or Certified Mail, Return Receipt Requested, postage prepaid, addressed as follows. To Landlord Lusy,LLC Attn.Mr and Mrs Luiz Orlando 27 Kingston Road Romford Essex RM13NB United Kingdom To Tenant: Nugent Skies,LLC Attn.Virile Nugent 1125 N.Valley Dr. Apache Junction,AZ 85120 Telephone:(602)908-3423 Attn:Richard Nugent 11241 Dartmouth St. Mesa,AZ 85207 Telephone(602-920-1448) The parties may from time to time change the location for notices by giving written notice to the location then in effect for giving written notices under this Lease. 12 Iandlord Tenant 23.8 Construction. The parties agree that each party has reviewed this Lease and has had the opportunity to have counsel review the same, and that any rule of construction to the effect that ambiguities arc to be resolved against the drafting party shall not apply in the interpretation of this Lease or any amendments or any exhibits hereto. 23.9 Attorneys' Fees. If any action is commenced to recover any sum under this Lease, or enforce any right or obligation under this Lease, the prevailing party shall be entitled to recover (from the other) reasonable attorneys'fees,as fixed by the court and not the jury. 23.10 Waiver, No term or breach of this Lease shall be deemed waived unless expressly waived in writing,signed by the party to be charged. The waiver of any term or breach shall apply only to the specific term or breach involved and shall not be deemed to apply to any other term or subsequent breach. Landlord may accept overdue rent without waiving the "time is of the essence" provision of this Lease. I Andlord may accept rent, without waiving Landlord's rights or remedies concerning any other monetary default which may exist at the time. 23.11 Integration. This Lease and any exhibits attached or to be attached hereto set forth the ere agreement between Landlord and Tenant concerning the Premises. Except as otherwise provided herein,rno subsequent amendment to this Lease shall be binding unless reduced to writing and signed by the parties. provision of an addendum and the Lease are in conflict,the provision of the addendum shall govern. rk.) 23.12 Severability. If any term, covenant, condition or provision of this I ease is held by a courtf competent jurisdiction to be invalid,void, or unenforceable,the remainder of the provisions hereof chap remain ur full force and effect and shall not be otherwise affected,impaired,or invalidated fl 23.13 Force Maleure. If either party hereto chall be delayed or prevented from the performance of any required hereunder by reasons of acts of God, strikes, lockouts, labor troubles, civil disorder, inability to procu materials,restrictive governmental laws,regulations,or other cause without faiiit and beyond the control of the pafttl obligated,performance of such acts shall be excused for the period of delay and then for a period of time reasonably necessary to perform the act; provided, however, nothing in this section shall excuse Tenant from the prompt payment of any rental or other additional rent or charge required of Tenant hereunder,except as may be expressly provided elsewhere in this I eAse. 23.14 Holding Over. If Tenant shall hold over after the Term(or Renewed Term),Tenant shall become a Tenant on a month-to-month basis at Mmrmum Monthly Rent equal to two hundred percent (200%) of the rent effective upon the date of such expiration,as if the holdover period were a Renewed Term;provided further,that all the terms,covenants,and conditions herein specified shall remain m full force and effect. 23.15 Time is of the Essence. Time is of the essence of this Lease and of every term,covenant,condition, and obligations hereof. 23.16 Captions. Article and paragraph captions are not a part hereof. 23.17 Covenants and Conditions Each provision of this Lease performable by Tenant shall be deemed both a covenant and a condition. 23.18 Successors and Assigns. Except as otherwise provided in this T PA5,all covenants,conditions,and provisions of this Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs,personal representatives,successors,and assigns. 23.19 Landlord's Equipment. Tenant hereby agrees that there remain on the leased Premises for Tenant's use valuable equipment, appliances, personal property, and fixtures that are owned by Landlord. These items are listed on the attached Exhibit"A." Tenant agrees to properly clean,care for,maintain,and repair all these items and to pay to replace and/or have repaired any of these items destroyed or broken during the Lease Term or any Renewed Lease Term. 13 /I Tenant I! 23.20 Kevs. Tenant shall provide Landlord with a key to all locks used on the premises and Tenant agrees not to change any of the locks during the Lease term or any Renewed Lease Term,except for security reasons. If it becomes necessary to change any locks,Tenant shall provide Landlord with new keys. IN WITNESS WHEREOF,the parties heto executed this Lease Agreement together with the Exhibit A referred to herein and attached hereto,on the E1 -day of MA ,2013. LANDLORD: Lusy,LLC, an Arizona limi -• :,r1t•• co ipany :SS BY. By: ,,r/ar Print Name:I ' — OKilicsiD Its: Date. By: F P nt ame: s1L AF c t tr4 d �• :`t r`'v Its: r" Date: •ti—/ —/ TENANT. r-4 Nugent Skies,LLC, ru An • .•na L =• Liability (;ompany WITNESSED BY: By I ►/�+rl 1'1 Print Name: ' ;CK t,rrt--- Its:Manages and Member Date: SS /.7 j TENANT: Nugent Skies,LLC, An Ariz Limited ility Co WITNESSED BY: BY ,a6 Q4F5"-L Print Name: / /r tlye4f Its:jAanajter and yember Date: S State Of jZ.ay ss County of L *4 - The foregoing instrument was ac ed:.-' before me this day of May 2013, by Luiz Orlando and Sylvia Orlando,Managers and Me4 •gto LC, .i.. •.' and Richard Nugent,Managers and ),!le, �( Members of Nugent Skies,LLC. / /4/Al1� ��zrif' ,lic My Commission Expires:6 /, Ir% i A,,,,t Nctnist k"itr7".-:41) . "WY PlibliC "'w,W� 14 �``� ,�ona PAY Comm. �• 06�01--1u Tenant EXHIBIT A Items Landlord Is Leaving on the Leased Premises for Tenant's Use that are Owned by Landlord: Office.Continued MaiaBjylat„d 1(4 ft)wood mirror c..a 1 water heater 2 horse paintings 2 ceiling fans i Al razor., 1 metal sun wall decoration Dish washine area/mop area; 2 metal leafs wall decoration 3 tub(bay)sin 1 Bamboo stair decoration 2 prep tables 1 fire extinguisher 1 bussing trolley 2 long metal sun wall decorations 1 plastic storage shelving 1 ga+oninro painting 1 large water heater pc! 1 indian statue 17 tables Storage Area/Staff Apartment 18 chairs Steel chafes-dishes 7 single sided booths in__�largr porrgs..f� 6 double sided booths 1 heavy duty washing machine 1(2ft x 3ft)metal menu stand 1 aircon unit 3 baby chairs 1 sofa 1 casio cash register 1 sofa bed(double) 2 wall speakers 1 freezer 3 recording cameras 1 double bed 2 large aircon units 1 stainless steel table Ertuxesan Ice machine Wks 2 prep tables Steel shelving 2 slicing machines Printer /fax 1 single sink .-Computes— 2 storage shelves L shaped sofa 1 bussing trolley L shaped office table 1 stool floor container Maytag refrigerator/freezer 1 fire extinguisher (double doors with roe and water dispenser) 1 vacuum cleaner OE microwave oven Magic chef stove Walk-In Cooler Pans,plates 7 storage shelves Blender Air conditioning unit Swan security digital recorder and monitor Palk l double bed 1 wall speaker 2 filing cabinets 6 patio tables piled TV digital box 10 patio chairs telephones 1 coffee maker 1 (2 drawer)wood cabinet Exhibit"A"Continued 25 large flat baking trays I I 16 Aid I T. 'A 15 small baking trays Bar Area and Muziejtoom Conthaued 2 weight scales 1 large air conditioning unit 116 large porcelain plates 1 antique table 19 lasagna dishes 1 Direct tv digital receiver box 31 soup dishes 01-iraidravpherior- 32 soup cups 1 hypecom card processor 13 monkey dishes 1 cocktail mixer 40 steak knives 11 bar stools 2 steel strainers 13 tables 8 steel bowls . 3-lisag4a4kagrtala1s5 15 steel ladles 26 chairs 10 steel spoons 6 single sided booths , I fire suppression system 5 double sided booths 2 prep tables 5 martini glasses "'prep coolers 1 1 beer mugs 5 bays steam table 2 large becr mugs 1 fire extinguisher 4 large round beer glasses 1 belt toaster 25 wine glasses SI 1 toaster 5 brandy glasses 2 microwave ovens 27 shot glasses I (Vulcan)4 burner electric stove 14 margarita glasses 1 star 4 burner electric griddle 36 long glasses 1 large(cocilware)deep fryer 35 short glasses 1 small(well)deep fryer 4 ceiling finis/light 1 large(beverage air)vertical freezer 1 water heater 1-(i4elsar1imea1eraster)-ormat-tenderizei— 1 vertical beer cooler 1 (baker pride)oven 1 horizontal beer cooler 1 extraction system 1 Sony CD player 1 single b ay electric steamer 1 Onkyo amplifier 31 plastic containers for cooler 1 Hamilton blender 26 6"plates 1 Casio cash register 24 7"plates 1 (2ft x 3ft)Vizio LCD TV 2 stainless steel floor containers 1 triple sink 17 bussing trays 1 jodcey(ice)box 33 plastic trays 1 band sink 8 roasting trays 2 wall speakers 30 round metal containers for steamer —2-bod-fteeisaglata- 15 full size containers for steamer 2 bud mirror frames 5 cooking pans 1 um/minor decoration 7 chef knives 1 recording camera 1 cow head wall light decoration Bar Arts sad Magic Room --lrgiaat - 2 small Indian paintings 2 sun picture framed wall decorations 1 sun picture framed 6 musical instruments wall decorations l small air conditioning unit 2 bud wall decorations i/17 I. 1,117 ) . '13 IL 12 Liv. ic. R112741 (514 1111 14' 1 7911§ op fg gg gg gg ig r. " UNCONDITIONAL GUARANTY In consideration of Landlord's demise of the Premises, and for other good and valuable consideration(the receipt and sufficiency of which is hereby acknowledged), the undersigned, namely Virlie Nugent and Richard Nugent, hereby unconditionally and irrevocably guarantee (the"Guarantee") to Landlord the full and punctual payment(and not merely the collectability) of Tenant's monetary obligations under the lease to which this Guarantee is attached and/or under any instrument or agreement referred to in the Lease, as well as the complete and faithful performance of each Tenant's non- monetary obligations under the Lease and/or under any instrument or agreement refened to therein (collectively, the "Obligations"). The undersigned's liability shall be primary,direct and immediate and not conditional or contingent upon pursuit by Landlord of any remedies it may have against Tenant or any other person,entity or security with respect to the Obligations or any of them,whether pursuant to the terms of the Lease or of such instruments or obligations,or at law or in equity. Without limiting the generality of the foregoing,the undersigned(hereinafter"Guarantor")hereby waives any right(including,but r$p'4 limited to, A.R.S. §§12-1641 et seq.) it otherwise might have to require Landlord to make any demand on or to proceed against or to exhaust any remedies against Tenant or any other person or entity, or against any security given by Tenant'r any other person or entity, or to pursue any other remedy whatsoever in Landlord's power, in each case before simultaneously with or after enforcing its rights and remedies hereunder against Guarantor or any collateral given lay Guarantor. Guarantor further hereby expressly authorizes Landlord, in its sole and absolute discretion, without notice to i# further assent of Guarantor and without in any way releasing, affecting or impairing the obligations and liabilities Of Guarantor hereunder, from time to time or at any time to. (i) compromise, settle, renew, extend, accelerate or otherwise change the time or manner of payment for or performance of, or otherwise change, modify or amend the other terms ail conditions of,' the Obligations guaranteed hereunder or any part thereof (including without limitation, increasing i decreasing the amount of rentals);(ii)accept,hold,take,add,substitute,subordinate,exchange,release and/or apply securi given for the payment and performance of the Obligations,and direct the order and/or manner of its sale;(iii.)release Tenant or release or substitute guarantors or endorsers or consent to any assignment, sublease or other transfer; (iv) waive compliance with,or any default under, or grant any other indulgences with respect to the J.--age or any of the instruments or agreements referred to therein; (v) enforce the obligations of Guarantor hereunder, (vi) make advances for the purpose of performing any term or covenant contained in the Ip-sr or any of the instruments or agreements referred to therein with respect to which Tenant shall be in default; (vii)assign or otherwise transfer its interest in this Guaranty,and(viii)otherwise deal in all respects with Tenant under the Lease or any of the instruments or agreements referred to therein as if this Guaranty were not in effect.. Guarantor further agrees that the validity and enforceability of its obligations hereunder shall be unaffected by any circumstance which might otherwise constitute a legal or equitable discharge of a surety or guarantor Guarantor hereby waives notice of acceptance of this Guarantee, as well as (i) presentment, demand for payment and/or performance and protest of nonpayment and/or nonperformance, (ii)notice or presentment, demand and protest; (iii) notice of any default hereunder and all indulgences; (iv) demand for observance or performance ot; or enforcement of, any terms or provisions of this Guaranty or of the Lease;(v)notice of dishonor;(vi)notice of intent to accelerate;(vii)notice of acceleration;(viii) all other notices and demands otherwise required by law or statute which Guarantor lawfully may waive; and(ix)all rights and/or privileges which Guarantor otherwise might have to require Landlord to pursue any legal,equitable or statutory remedy available to Landlord in any particular manner or order Guarantor also waives trial by jury in any action brought on or with respect to this Guaranty and agrees that in the event this Guaranty shall be enforced by suit or otherwise, or if Landlord shall exercise any of its remedies under the Lease or under any other document securing the obligations, Guarantor shall reimburse Landlord, upon demand, for all expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees and disbursements. If Guarantor consists of more than one individual, then their obligations hereunder are ' and several. irlie Nugent Richard Nugent r• ; [Notarization of Guaranty continued on next page] , r !1 18 STATE OF AY 1 Z o WA COUNTY OF r11nw ) SS. On this /17T ` day of May, 2013, before me, the un cttgry public, personally appeared Richard Nugent known to me to be the person whose name is subscribed the foregoing instrument of guaranty, and he acknowledged that he executed the same. IN WITNESS WHEREOF,I hereunto set my hand and Not 1' lie My co ' 'on expires: 4,,,- ,.Jy„ Amy McGilehrlst �N`� I (��Nootary Publi�cn e .1 �copa Canty,Arizona STATE OF ,.;'Le v,� ,., My Comm.Expires 06-0716 ) SS. COUNTY OF 7t►nat f-A On this / t) day of May, 2013, before me, the undersigned notary public, Nugent, known to me to be the person whose name is subscribed . the •• instnun personally appeared ,a and se -:•mg guaranty, she acknowledged that she executed the same. IN WITNESS WHEREOF,I hereunto set my hand and o'.. idi •Ir t kla ii.a. .lic __ My commissio expires: 'RYA/ /60 '`�'— .17,.. AmY McGilchrist 1 / Notary Public MY Cprnrn.Expires 06.0716 r-' ii n 4' `1 /J J19 4 T-,'.. I TO Nugent Skies,LLC Attn Virile Nugent 1125 N Valley Dr Apache Junction,AZ 85120 Telephone (602)908-3423 I.._;C. Attn Richard Nugent 1"" 1 1241 Dartmouth St. Mesa,AZ 85207 Telephone(602-920-1448) w f.� FROM Lusy,LLC and K&D,LLC Luiz and Sylvia Orlando 27 Kingston Road Romford Essex RM 13NB �^ United Kingdom DATE. June ,2013 ADDENDUM TO MAY 17, 2013 LEASE AGREEMENT This is an addendum to the May 17, 2013 Lease Agreement entered into between Lusy, LLC as Landlord and Nugent Skies,LLC as Tenant. WHEREAS,Nugent Skies,LLC has added two new members to Nugent Skies,LLC; and WHEREAS, the parties agree that a new entity will be the Landlord under this lease; namely, that Lusy, LLC will no longer be the Landlord under the lease,but the Landlord under the lease will be K&D,LLC; THEREFORE,the May 17,2013 Lease Agreement is amended as follows• 1. The Landlord will no longer be Lusy, LLC but will be K&D, LLC. The notice and contact information for K&D,LLC will be the same as it was for Lusy,LLC in the May 17, 2013 Lease. 2. The Iease is amended to reflect that Tenant Nugent Sloes, LLC has added Stephanie Smith and Michele Liversedge as members of Nugent Skies,LLC. 3. This addendum shall be effective for any extension, renewal or modification of the mitial lease. 4. This addendum may be executed in duplicate originals, each of which is equally admissible in evidence and each onginal shall fully bind each party who has executed it. DATED this day of ,2013. FORMER L NDLORD: Lust',LL � By: cf SL" C;;eG14N p° Pn t ame: Its r an m Date: 9 NEW LAND ORD K&D, By: T' Pri t ame: /L-/4.- ,k i G• Q !•1//e`-- Its: , Date: j TENANT Nugent Skies,LLC, An Arizona Limited Liability Company By: Print Name. Its.Manager and Member Date: TENANT Nugent Skies,LLC, An Arizona Limited Liability Company By. Print Name: Its:Manager and Member Date: [Notarizations follow] State of Arizona )ss. - I SECTION 13 - continued 7 Has a license or a transfer license for the premises on this application been denied by the state within the past one(1)year? CI YES NC NO If yes, attach explanation. 8 Does any spirituous liquor manufacturer, wholesaler, or employee have any interest in your business? ❑ YES X NO 9. Is the premises currently licensed with a liquor license? KYES ❑ NO If yes, give license numbeerand licensee''s/name. /(U License# ! 3c) 12/ (exactly as it appears on license) Name s d e e JykTei9-41 ///e< SECTION 14 Restaurant or hotel/motel license applicants: - 1 Is there an existing restaurant or hotel/motel liquor license at the proposed location? , (YES 0 NO If yes,give/the name of licensee,Agent or a company/name K /i-e) (i e R l— o-� V and license#. /671 //-3E ) Last First Middle 2. If the answer to Question 1 is YES,you may qualify for an Interim Permit to operate whileyour application is pending,consult AR S §4-203 01,and complete SECTION 5 of this application 3 All restaurant and hotel/motel applicants must complete a Restaurant Operation Plan (Form LIC0114) provided by the Department of Liquor Licenses and Control 4.As stated in A.R.S §4-205 02.G.2, a restaurant is an establishment which derives at least 40 percent of its gross revenue from the sale of food Gross revenue is the revenue derived from all sales of food and spirituous liquor on the licensed premises By applying for this ❑ hotel/motel ,�(restaurant license, I certify that I understand that I must maintain a minimum of 40 percent food sales based on these definitions and have nclu ed the aurant HoteVMotel Records Required for Audit(form LIC 1013)with this application . applicant's sign e As stated in A.R.S§4-205.02(B), I understand it is my responsibility to contact the Department of Liquor Licenses and Control to schedule an inspection when all tables and chairs are on site, kitchen equipment, and, if applicable, patio barriers are in place on the licensed premises With the exception of the patio barriers, these items are not required to be properly installed for this inspection. Failure to schedule an inspection will delay issuance of the license If you are not ready for,your inspection 90 days after filing your application, please request an extension in wn in , cify why the extension is necessary, and the new inspection date you are requesting To schedule your site inspec ' I azliquor gov and click on tt "Information"tab. --- ap s initials t`' SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1 Check ALL boxes that apply to your business Al Entrances/Exits Liquor storage areas Patio . Contiguous -t4. El Service windows El Drive-in windows ❑ Non Contiguous tr 2 Is your licensed premises currently closed due to construction, renovation, or redesign? 0 YES PtNO If yes,what is your estimated opening date? month/day/year 3 Restaurants and hotel/motel applicants are required to draw a detailed floor plan of the kitchen and dining areas including the locations of all kitchen equipment and dining furniture Diagram paper is provided on page 7 4. The diagram (a detailed floor plan)you provide is required to disclose only the area(s)where spiritous liquor is to be sold, served, consumed, dispensed, possessed, or stored on the premises unless it is a restaurant(see#3 above). 5. Provide the square footage or outside dimensions of the licensed premises Please do not include non-licensed premises, such as parking lots, living quarters, etc. As stated in A.R.S.§4-207.01(B), I understand it is my responsibility to notify the Department of Liquor Licenses and Control when there are changes to boundaries,entrances, exits,added or deleted doors, •.•ws or service windows,or increase or decrease to the square footage after submitting this initial drawing. 6 ap•rrf .nt 'nitials 1 SECTION 15 Diagram of Premises 4. In this diagram please show only the area where spirituous liquor Is to be sold,served,consume dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, bar stools, hi-top tables, dining tables, dining chairs,the kitchen,dance floor, stage,and game room. Do not include parking lots, living quarters, etc. When completing diagram, North is up 1. If a legible copy of a rendering or drawing of your diagram of premises is attached to this application, please write the words"diagram attached" in box provided below. !Y /\ - i linklrf .-,,,H"iii _'. -C?PC'( 1 .., Ifti I - ---4 -L_1'--4 ---1"- r f ) I - . *cite ep i ...,..) ::, • , _ _,.. c.: A i t (h f nlli'', ii t Un ���`� � . Q � ;Ai X PIIL(' 1 9. , i v, A 1 )1 ? 4. tG k hz-,-,,,; -- i -To I rnol;iv 16, it,:kirdree35 ` fi. !Ii Pd• A i \pv ( , -rc hi It- , e f9- i 1:9:ilete-U. eK;7- .x(1 71frf- ' ‘..1t.,.,- 7.-- lic:( A .i I I 1 t i - �2 515 uare -Ff 1 t SECTION 16 Signature Block — {1[ .I, 6�>� ta l name��)a c�wt _, hereby declare that I am the OWNER/AGENT filing this %prinapplication as stated in Section 4, Question 1. I have read this application and verify all statements to be true, rrect and complete X - signs of applicant list in tion 4,Glu41i 1) /{ • State of M r%Zct/i 4 County of to o The foregoing instrument was acknowledged before me this ----10 of— -.^LAN_ La___ DayMonth Year My commission expires on. _2 4 1 Day Month Year w T [___.,` Daiwa A.petrrt= ! -A+dolt. 7 Pied Cow, - _r' My CoaMh La t eies 1 ARIZONA DEPAR ray .:: % ' LICENSES & CONTROL solo.' LIC t, :2'� Rhi ► . f/l• •-• _14 ��' 14, il 1, List by Make,Model and Capacity of you . 32 Grill Ai 1 OA --ri @Y 1 lik j: Oven V Freezer P ,a k ejr F{et.z_cr t__, 5p — 46 Refrigerator V Lk c1,0-b-r Qe_.- i 1 eict- or r 0 c,o (.e f Sink / i Dish Washing 3 Sl 'Stn4- i I t cur-9e S S ►1, lC:.. 1 � 6S ' �,►c Facilities PK Ut.•�r. 0 itl.b ( Sit&;--e�,.,,-, (( Food Preparation L Counter(Dimensions) ‘a �' /4 n r c p 5 c et< 4, , Li C5. c r p v S cry L , Other t' 2. Pnnt the name ofyour restaurant: t e S 1.4 t ccb L 3 Attach a copy of your menu(Breakfast,Lunch and Dinner including prices) 4. List the seating capacity for a. Restaurant area of your premises [ %4 ) b. Bar area of your premises [ + ' f). ) c Total area of your premises [ O 1 ) 5, What ty of dinnerware and utensils are utilized within your restaurant? 174 Reusable 0 Disposable 6, Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes,what percentage of the public floor space does this area cover). XYes 1 0 a/0 0 No 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen,bar,cocktail tables or game area.) 4 0 96 *Disabled individuals requiring special accommodations,please call(602)542-9027 L k0114 05/2009 i 8. Does your restaurant contain any games or television? C Yes 0 No If yes,specify what types and how many of each type(Televisions,Pool tables,Video Games,Darts,etc). 9. Do you have live entertainment or dancing? 0 Yes 649 (If yes,what type and how often?) 10 Use space below or attach a list of employee positions and their duties to fully staff your business Lick - caNKs r-1 h0 Ake<s ,..7 _. t.� r-- .1ry. i-= Ll(vthh7 I, 6-VeD h Q n 1.e_ `, ,hereby declare that I am the APPLICANT filing this application I have I (Print full name) Head this application and the contents and all statements true,correct and complete. State of A r lz a County of �i CZ X i The foregoing instrument was acknowledged before me this (Signatureo APPI�•ICANT) l O day of t..) 0« Day of Meath Mobil Year My commission aspires on.. CI A pc t I { e AR j-- •;. Dolman A.Nauman Am' Notary Public-AAsoha • Mat County �v _1 ttty Carralla0loa Expires April 0,201$ 2 r,•------:, ....-st „.. -; y. _ _7.... . .,... .. ,,... ,...., f , •,.... . ,.., __ _,..„:„.i,....,,,,..„....e.:...,...:...,.......:i ' •; • ..;.; ..'-• .....4-‘,.T.i..,:si,:l....*.: .14. 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'•4 TOW .4-f, • 'A- 0 ' 1 I\ -z •:t: ;•41::os, .',...;,zeyetfi-ff• I). 00/i ve,A, ..„ , 1 # ,_„,,t4i L• i i• I .. e;-, 00•te...72.21_,....k.g- .-A , ,.. .),...,, -.:„....... - .00014. . ., . , ; .„,..,, ,„.,,c._.- .. .:.-41, , --' -1't'i , - •It', ,,, figit 4 7, '' 4 4-tati. ;..n•I A .4....• -- : -,mei' eA$4,4,• '•1:-.;;:''',,..),-,41;- Vt , r` . ' :41!•ilfr..-..•...''''''*, * ',.44.t. X'''''''' '.....- V,“ - 4.i.'.•‘;'vrt': ' r4-,. ..4' .11 • ) -0 - ..,,,'(,...„.: ..,..;-14-.,-‘414...-wi, Or r• .i.it • ' --,4 . .:.•,-,:, ..., t'.......,) :., , .v.,-,---- .--•,. •11. -1,-. - •-,., VP; -,''."1.,. ,11-4 Ar.1 •• .;' 1417:121..4c`1`7- ' ilc"*- ti..1* lc WOG ,,Wr17ok•,k .‘..,.:,..,..'-..',,•:,-,.,-e•.-..'..'..''',,-'.,,-...:.....t'',.4.•.)-'4 I • ,t- d) v A \ A. .4: v.-.-.,..1., v. :ji.,3,.„A,•t. -‘it '-i' 11r \ , y ;,,' ,I 't'l .' • '.p.'::"1":*4444.c:' - '11."0'1:1'4 l'... ' ^. ', • • . - 5--‘441•01‘,.• "1 .' • ' '- + ''' ,.i , zo”:.„,••,.,%.,•e,‘T„ .. •', •!,'.';-V t- ii fir, . _Y'. ....,;,•� i �-a *+-.:k-.-}:' y»` ,..,•'.b� \ yk." i x E a..71 rA.'� t 1 .-0-, . . . B e I f az t 4:V Y -- --. ' Ley ,. 4. ... ..'__ .„..;.„. ,,..:_..a;.1.Yri'._,.'Ile...>>.,...74,ca. S ri."1. '01.(24. ..ti 4� �k.4%..Dfa' 'Ac n`s. ...4a. .:'ta• It .r till J ' !II ./ GN tit rla Skillets Omelets '. Country Skillet $8.99 Three egg omelets served with hash browns and I your choice of toast. A:;. Hash browns topped with Country Fried Steak, �:T'.., two eggs your way,and smothered in gravy Ham,Sausage or Bacon Omelet $6.99 ; G.I :�. Southwest Skillet $7•99 Denver Omelet $6.99 F r I ' Hash browns,sausage,green chile,jalapeno and F"a eggs yrearsey,and topped Meat Lover's Omelet-4 Meats $7 99 t y t'� , _ onions,scrambled in a w 3 �: with cheddar cheese Veggie Omelet-Mushrooms,onion, $6.99 � Ham Lover's Skillet $7.99 green peppers and tomato k• r°- 7,i Y, Hash browns topped with ham steak,two eggs Southwest Omelet-Sausage,onion, $6.99 3 r :` your way green chile,jalapeno and jack cheese i--- " Philly Skillet $7 99 Four Cheese Omelet-Swiss, $6.99 - y American,and cheddar topped with cheddar r` Hash browns,philly meat,green peppers, mushrooms and onion,two eggs your way cheese sauce covered In cheddar cheese sauce. Skies Omelet-aeef,green peppers,onion $7.99 Eggs Benedict Skillet $7.99 and mushrooms topped in cheese sauce. + Hash browns topped with an English muffin, rie�, Pi. Canadian bacon,two eggs your way and . hollandaise sauce. i , ; Denver Skillet $7 99 ,, i. m. ( � , . ;, Hash browns,diced ham,green peppers,and at onion,topped with two eggs your way —d... '' Veggie Skillet $6.99 Hash browns,onion,tomato,mushrooms and bell Eggs & Moro N pepper,topped with two eggs your way. -'r. Two Eggs&Meat Breakfast $4.99 7 _`: Skillet Scramble $7.99 with hash browns,choice of meat and toast i4 ,,,.„ Hash browns,scrambled eggs with diced ham, Two Egg Breakfast $3.99 , .. ,• smothered in cheddar cheese sauce. with hash browns and toast. .i?' l'-'' Meat Lover's Skillet $8.99 Skies Breakfast • $5 99 '�"' with two eggs,hash browns,3 sausage links, �;£ Hash browns,bacon,ham,sausage,Canadian �• g -'?� bacon,two eggs your way. 2 pieces of bacon,and choice of toast. i., it Skies Skillet S9 99 Country Fried Steak and Eggs $8.99 r x served with hash browns and choice of toast. Hash browns,sirloin steak cooked to order, i. onion,belt peppers,mushrooms,and two eggs Steak&Eggs with choice cut 6 oz sirloin $8.99 ,;: your way steak,two eggs,hash browns and choice of toast. uy -.40..., ,,e, 0, iw. •Consuming raw or undercooked meats,poultry,seafood,shellfish, eggsor mayincrease your risk of foodborne illness i�G+ Vsk.t`9'^ �a 47 i CF" ,.e. .,�. i.�i,4C, 7 '�Y 1G .44' '1,6P.at V4 ,�fc�}J' '�`?''•Y. '`'i4w ' n+f'� ,r- ..i*"�' ", ,=6,2'.4 „.._,-,.. 4...4...,-w. • .:Wii. .. . '.._.+ fa: ... ... �, 1 bt ! wsl�4.t4\ :1$' tr.-Est 't f. 47Er c a�fi� ' -, - yMJ ; M �:01 � s:tv,A r}F f 4 $r L••'rW ,.:Z N „.t: ,.:„.„4,47_a....,.:-,,,...t.... .1„.1 ,,3r, ri am' 10' • 7N---11111 4:,, w _ ' . Pancakes & French Tout Iv A -. -: 1 Short Stack-Two Pancakes $3.99 Cakes and Eggs- 2 Eggs and 2 Cakes $5.99 w o �' Tall Stack—Three Pancakes $4 99 Cakes,Eggs &"Meat ,- 2 $6.99 1 x Cakes,2 Eggs &2 Meat a J '''- Cinnamon Roll Pancakes -' i •;, $4.99 French Toast -_, -n r.. Short Stack(2) $4.99 Tall Stack (3) 2 Pieces $5 99 $3.99 ,... e r„ - Strawberry Pancakes a Pieces $5.99 is 1 ,. Topped with Strawberries and whipped creme �' ._., Cinnamon Roll French Toast 1--.:' Short Stack(2) $4.99 it.'I ' 2 Pieces Tall Stack (3) $5.99 $4.99 _=' 4 Pieces $6.99 '-;• rya Signature Applecakes xy. French Toast Combo $6.99 ,< Short Stack(2) $4 99 f 2 pieces of French Toast,Meat,2 Eggs,and Hash ;E.j Tall Stack (3) $5.99 Browns :, ".r s 4. ::-.'.:.-. e,,.t., „,:x.. 'ice ;' a. _.••.•-'; .i 4.`'" . - r:.,1.„A,, , , 4,..... Fj Breakfast lila Carte „w. ...: A r' Canadian Bacon(4) $1.99 Toast $1.49 i0.D x; s, f: :,¢ Bacon(2) $1.99 English Muffin $1.79 - =' Side of Ham $1.99 Egg(1) $1.29 `�} Y� A,. .. r 9;..r Sausage links $1.99 Country Gravy $1.99 , is` Hash Browns $1.99 Pancake (1) $2.99 e-nc: Vt- Biscuits and Gravy $2.99 ',• 3 i,. , ti ",1 •Consuming raw or undercooked meats,poultry,seafood,shellfish,or eggs may Increase your risk of foodborne Illness. 'z' LtiiicIi, __ Hot Sandwiches f Hot sandwiches cut in half with mashed potatoes and gravy. r 11 ,% y4,Lt • `��r - Country Fried Steak $7,99 0 '�'y rr _ F Meatloaf $8.99 a '-I L. ^� .V r•... Turkey $7.99 . ., .' `; . �^4. L Pot Roast $8.99 — • tow- _.,_ BUrger `` Eillk--i Spa r Half pound burg e erved with one side. Your choice of '' a r,i� french fries,tater to ,cottage cheese,coleslaw,or pasta , �.., salad. Substitute Onion Rings for an additional 99¢ • Substitute a grilled chicken breast in place of a burger on , '^ k any one of these sandwiches for$1.00 more. a rF • Hamburger $6 99 More $aadwichee „ -`� Cheeseburger $7.99 Club $8 99 s r-) _, fix_ .i�.. aN; Bacon Cheeseburger $8 99 Philly $8.99 - A '1'1 Mushroom&Swiss Burger $8 99 Ham&Cheese Melt $7.99 g ; Green Chili Burger $8 99 Fish Sandwich $7.99 rF' Patty Melt $8 99 Turkey or Chicken Melt $8 99 r` with bacon,avocado,tomato,swiss cheese rrt- ` "L1? Skies Melt-Sourdough grilled with parmesan $8.99 on sourdough ;�. `,4 cheese,sauteed onions,Swiss and American cheese .` ,- and thousand island dressing. Skies B.A.T. Melt $8.99 wi›:,.- with bacon,avocado and tomato r • t r.+ "rF 3 J e 5 at .4_,_:„ Lunch & Dinner Ala Carte f,iv .‘, ..i, to...,_, 0_b,,Iii French Fries4: $2.99 Apple Sauce $1.99 : ^ µ-S eil Tater Tots $2.99 Coleslaw $1.99 ° ' Cottage Cheese $1.99 itit :.� g $1.99 Pasta Salad 44 ,.,.1 i.,rP.,. i ,c___ ..)4_, . , ..„ grr • •Consuming raw or undercooked meats,poultry,seafood,shellfish,or eggs may increase your risk of foodborne illness. c ..:LE.'d'al�;'s.1: .:s+^ et -.Ss .P"-t;A"+w i"'a . hilt' . At--1- _44-.¢•-= s ' Y 7-t y.: I,,,..,e � , ■ olmilk Salad Dinnci & Eket ::s z„ , " __ w, ...._. - .,la:-' ..,.,1r..:,+lc.,:ta+�>:.�:�..w�1.�e'..�la_ :3+...,5., Salads . t Crispy or Grilled Chicken Salad $9-99 Cobb Salad $9 99 rx is < Mixed greens,onion,bell pepper,mushrooms, Mixed greens,grilled thicken,tomato,bacon, wf's tomato,and shredded cheddar cheese avocado,cheddar and crumbled bleu cheese ':"- a Taco Salad $8.99 Frito Pie Salad $8.99 . y NY 'H"'' Mixed greens,tomato,onion,black olives,taco Mixed greens,Frito's,topped with Skies •' r;- meat,and shredded cheese In a shell homemade chili,cheddar cheese,and onion. n eiN `fir; Steak Salad $9.99 ,y-., Chef Salad $8.99 1 1.0 Mixed greens,sliced choice cut sirloin steak, # Mixed greens,ham,turkey,egg,tomato,Swiss onion,green pepper,mushrooms,and cheddar . and American cheese cheese. 41. r> _ - it cr.. ....: . Dinners , i...,......„: _.. 0 • - . t l'1- : tit (- -'", All dinners served with your choice of baked potato, '',:_,•~: * }'' ^s: � j r 7 4.. _ mashed potatoes,or French fries,a roll,and your choice t•:"fit '>�.: �° .1 `r , • .i4.k r� f of soup or salad. A +: 421",.- Fora loaded baked potato or add = -r ,- mushrooms and onions for$1.99 more. S c: 1, VRibs $8.99 Country Fried Steak-8 oz. $9.99 -?'•.f Half Rack $1299 Hamburger Steak $8.99 - .l r'':, r8 _is. Covered in sautéed mushrooms and onions iV Full Rack $18 99 4- Homemade Meatloaf&Gravy $9 99 - ;< Sirloin Steak-8 oz.Choice Cut $12 99 Half pound i'x- Half Roasted Chicken $10 99 Pot Roast $10.99 ' Grilled Chicken Breast-8 oz. $10 99 Fried Cod Dinner $10.99Al i. .. Shrimp Scampi $13.99 ;4.- Ham Steak-8 oz. $8 99 '" Fried Shrimp $13 99 ' V•'• 4.,r' ";,-., •,,,,-...- . it .. i A . -vp. — . ,Baskets „.,,., Baskets are served with french fries. Yi1-� Popcorn Shrimp $9.99 Chicken Strips $8.99 Cod $8 99 � J �. Clam Strips $9.99 Rib $9 99 ' S -Ivit y 'FpN- .. A �_ Consumingraw or undercooked meats, ..:44;;: *- .1 poultry,seafood,shellfish,or eggs may Increase your risk of foodborne illness rya S:: 4 y.+?r a , • `t''WI'' .s... t'}�i'`e.e.. .3� _ ;e+,2•tex' ,. -: Ap..pct izC r z Sougs.jtesserts-w&gy.413-,ezera5...0-es„..-...:1.,,,zt:4 P: Appetizers t - 1 a 4 Potato Skins $6 99 i -i aR Y.a l' Loaded with chili,cheese and onion y Onion Rings $6 99ktitc 0011 ' '} ` = Chili Cheese Fries $6.99 .gs; Garlic Cheese Fries $6.99 , _ ,, .. :_. e:r-v 4 AL French Fries $2.99 ' r?, Chicken Strips(5) $7.99 II+�' n t �% i. Sweet Chili Chicken Chunks $8.99 „Al: 'a r Boneless Wings $7.99 ► ev BBCi,medium,or sweet chili ""' .. , Wisconsin Cheese Curds $6 99 Soups . r r � a t.,a } , ;,. � s„ Soup&Sandwich $6 99 Cup of Soup and your choice of sandwich- ' ,,�j�} i Meatloaf,cold ham or turkey Served with onion, tR>.; *1-- tom~ cheese,and frito. F. ,'"'" _�- Soup of the Day Bowl $2 99 n: L 9. rs � Soup of the Day-Cup $1.99 q4 r j,.� '•4 Chili- Bowl $ 5.99 aF=,-,• 1 ,.J.. m 1 �, Chili-Cup $299 '-'.,. `17 , itai} ii.IL, Desserts ; Ice Cream -Vanilla or Cinnamon $2 29 i , , 1 w F,.' Top with your choice of chocolate syrup, $2.99 :;: _ strawberries or apple topping Cobbler $3 99 F Cobbler with Ice Cream $4.99 M Beverages Juice (Orange, Cranberry) $2.29 Hot Green or Black Tea $1.99 , : t iced Tea $1.99 Coffee E ' ,. ' `. Soda $1.99 Hot Chocolate $1.99 °.'' Milk $1.99 ` f,,,, 4 • J fo, % C .nx ,k a _,h �l � r ° : i,i :*' 4YhsPte,. r q... .4.r . . 3 :+.. .. - .•, . ', --"e , ?. _ . ...rri%:ear •f . k ..01; a ,. State of Arizona Department of Liquor Licenses and Control 800 W.'Washington,5'"Floor - Phoenbc,'Arizona 85007-2934 www.aztiquor.gov (602)542-5141 / RECORDS REQUIRED FOR AUDIT Applies to Series 11 (Hotel/Motel W/Restaurant)&Series 12 (Restaurant) Only MAKE A COPY OF THIS DOCUMENT AND KEEP ITWITH RECORDS REQUIRED BY THE STATE In the event that your business is audited by the Department of Liquor,you will be asked to provide documentation of compliance with A R S §4-205 02(H) Other documents that may be required for audit include and are not limited to 1 All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises 2 A list of all food and liquor vendors 3 The restaurant menu reflecting pnces during the audit period. i 4 A price list for alcoholic beverages on menu during the audit period. 5 Mark-up figures on food and alcoholic products during the audit period. �-• 6 A recent,accurate inventory of food and liquor(taken within two weeks of the Audit Interview Appointment) -9, 7 Monthly Inventory Figures-beginning and ending figures for food and liquor 8. Chart of accounts(copy) rti t 9 Financial Statements(Income Statements, Balance Sheets, etc) 10 General Ledger A Sales Joumals/Monthly Sales Schedules 1) Daily Sales Reports(to include the name of wait staff, bartender,etc with sales for that day) 2)Daily Cash Register Tapes-Journal Tapes and Z-tapes 3) Dated Guest Checks 4)Coupons/Specials/Discounts 5)Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2)Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return(copies) B Income Tax Return-city,state and federal(copies) C.Any supporting books, records, schedules or documents used in preparation of tax returns 12 Payroll Records A Copies of all reports required by the State and Federal Government B Employee Log(A R S §4-119) - C Employee time cards(actual document used to sign-in and-out each work day) D Payroll records for all employees showing hours worked each week and hourly wages 13 Off-Site Catering records(must be complete and separate from restaurant records) A.All documents which support the income derived from the sale of food to be consumed off of the licensed premises B.All documents which support purchases made for food to be consumed off of the licensed premises C All coupons/specials/discounts 2/26/2013 The sophistication of record keeping varies from establishment-to-establishment. Regardless of each licensee's accounting methods,the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S.§4- 210(A)(7)AND A.R.S.§4-205.02(H) A.R.S.§4-210(AX7) The Licensee fails to keep for two years and make available to the department upon reasonable - request all invoices, records, bills or other papers and documents relating to the purchase,sale and delivery of spirituous liquors and, in the case of a restaurant or hotel-motel licensee, all invoices, records,bills or other papers and documents relating to the purchase,sale and delivery of food A.R.S.§4-205.02(H) 1.'Gross Revenue' means the revenue derived from all sales of food and spirituous liquor on the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. ,,y 2.`Restaurant' means an establishment which derives at least forty per cent of its gross revenue i from the sale of food, including sales of food for consumption off the licensed premises if the amount i of these sales included in the calculation of gross revenue from the sale of food does not exceed fifteen percent of all gross revenue of the restaurant. -? t % r- 1 have read and fully .r, Print Full Na (first,middle, n understand all aspects of this statement. ,=.1`16/411,.Cil .1.-.t. '�.. Signature Licensee Notary -. ! TARY PUBUC .."�'�'`` StTA�TE OF ARIZONA tate of County of Ala(' ro J PInB1 County - to County'` PAUL MAXEY he foregoing instrument was acknowledged before me this C0mmlielon FAWN 02120117 t ,.day of (.7-11/V , pot Day Month Year My Commission Expires on ,g 0 4,4 26 i 2 Day Month Year nature of ry I MAKE A COPY OF THE DOCUMENT AND KEEP IT WITH RECORDS REQUIRED BY THE STATE 111111111111111111111111111111111111111111111 AZ CORPORATION COMMISSION 04289634 FILE MAY 212013 BILE N0 1—Lfi ci-C) DO NOT WRITE ABOVE THIS LINE,RESERVED FOR ACC USE ONLY. ARTICLES OF ORGANIZATION Read the Instructions LO101 1. ENTITY TYPE - check only one to indicate the type of entity being formed: LIMITED LIABILITY COMPANY ❑ PROFESSIONAL LIMITED LIABILITY COMPANY 2. ENTITY NAME - see_Instruttions LO101 for naming requirements - give the exact name of the LLC: Nugent Skies LLC 3. PROFESSIONAL LIMITED LIABILITY COMPANY SERVICES—If professional LLC is checked in number 1 above,describe the professional services that the professional LLC will provide (examples: law firm, accounting,medical). I-^ 4. STATUTORY AGENT—see Instructions LO10i: 4.1 REQUIRED-give the name(can be 4.2 OPTIONAL - mailing address in Arizona an Individual or an entity)and physical of Statutory Agent(can be a P.O. Box): or stroat address(not a P O. Box) In Arizona of the statutory agent: Virlie C Nugent Statutory Agent Name xy Attend on(optional) Attention(optional) 1125 N Valley Dr Addsu 1 Address 1 Address 2(optional) AZ Address 2(optional) oty Apache Junction . state 85120 zip _ City state _ ap 4.3 REQUIRED—the Statutory Agent Acce pce form M002 must be submitted along with these Articles of Organization. . 5. ARIZONA KNOWN PLACE OF BUSINESS ADDRESS: _ 5.1 Is the Arizona known place of business address the same as the street address of the statutory agent? ❑ Yes - go to number 6 and continue No - go to number 5.2 and continue 5.2 If you answered "No'to number 5.1, give the physical or street address (not a P.O. Box) of the known place of business of the LLC in Arizona: Virlie C Nugent Attention(optional 1535 E Old Hwy Address 1 Address 2(optimal) Apache Junction AZ 85119 cry State or ZIp County !UNITED STATES Province L010.00I Arizona Corporation Convolution-Co poMbs OtAsion Rw 2010 Pepe 1 of 2 • 6. DURATION - the duration or life period of the LLC is presumed to be perpetual unless one of the boxes is checked below and the corresponding blank Is filled in: ID The LLC's life period will end on this date: (enter a date) El The LLC's life period will end upon the occurrence of this event (describe an event) • COMPLETE NUMBER 7 OR NUMBER 8 — NOT BOTH. 7. MANAGER-MANAGED LLC -seeInstructIons101Of- check this box ❑if management of the LLC will be vested in a manager or managers, and complete and attach the Manager Structure -- Attachment form L040. The filing will be rejected if it Is submitted without the attachment. 8. MEMBER-MANAGED LLC - see Instructions L010i- check this box❑if management of the LLC will be reserved to the members, and complete and attach the Memker$tructure Attachment form L041. The flung will be rejected if it is submitted without the attachment. 9. ORGANIZERS - fist the name and address, and provide the signature, of each and every organizer - minimum of one is required. If more space is needed, check this box❑ and complete and attach the Organizer Attachment form L042. Virlie C Nugent - Richard A Nugent Name Name 1125 N Valley Dr 11241 Dartmouth Circle Address 1 Address 1 Address f(optional) Address z(optional) Apache Junction `� 85120 Mesa 85207 0 City UNITED STATES State ZipState �'° UNITED STATES Country Country SIGNATURE-see Instructions L0101: SIGNATURE-spp Instructions L010i- By checking the box marked "I accept"below, I By checking the box marked"I accept"below, I acknowledge under penalty of perjury that this document acknowledge under penalty of perjury that this document 'together with any attachments is submitted in compliance together with any attachments Is submitted In compliance n with Arizona law. with Arizona law, I ACCEPT 0 I ACCEPT r daye0/7 -i -13 i k A!u 7 s-/6- r3 - 6rtntad Herne Date Printed me Data IF SIGNING FOR AN ENTITY,CHECK ONE,Flu.IN(LANK: IF SIGNING FOR AN ENTITY,CHECK ONE,FILL IN BLANK* Corporation as Organizer-I am signing as an ri Corporation as Organizer-I am signing as an officer or authorized agent of a corporation and Its officer or authorized agent of a corporation and Its name is: name Is: LLC as Organizer-I am signing as a member, LLC as Organiser-I am signing as a member, manager,or authorized agentofa limited liability manager,or authorized agent of a limited liability company,and its name is: company,and Its name Is. Mai'• Arizona Corporation Commission Filing Fee: $50.00(regular processing) Corporate Filings Section Expedited processing - add$35.00 to filing fee. 1300 W. Washington St.,Phoenix,Arizona 85007 All fees are nonrefundable-see Instructions. Fax 602-542-4100 Please be advised that A.C.C.forma reflect only the minimum provision required by stance. You should seer private repel counsel for those matter that may pesWn to the individual needs of your business. NI documents flied*Rh the Aftronl Corporation Commission are p hlk nttord end are open for public inspection. if you have questlom Wier reading the InitrucUons,please call 602.512-3026 or(Within Arizona only)800-34S-S819. L010.001 Arbon Carporalion Consalsaion-Corporations Dv6im Rev-.2010 Pape 2 012 • 00 NOT WRITE ABOVE THIS LINE;RESERVED FOR ACC USE ONLY, MEMBER STRUCTURE ATTACHMENT 1. ENTITY NAME -give the exact name of the LLC(foreign LLCs- give name in domicile state or country) Nugent Skies LLC 2. A.C.C. FILE NUMBER(if known):_ Find the A.C.0 file number on the upper corner of filed documents OR on our webslte at:http.(/www.azcc.gov/Divisions/Corporations -a C- 3. Check one box only to indicate what document the Attachment goes with: n� Qr Articles of Organization []Articles of Amendment Application for Registration []Articles of Amendment to Application for Registration r— n 4. MEMBERS- give the name and address of all Members. If more space Is needed, use another Member Structure Attachment form. Virlie C Nugent Richard A Nugent Name Name 1125 N Valley Dr 11241 Dartmouth Circle Address 1 -Address 1 Address 2(optional) 'Address 2(optional) Apache Junction AZ 85120 Mesa AZ 85207 City State or Zip city State or 3/p Co,ntry 'UNITED STATES Provincetry UNITED STATES ProvinceCoun • Name Name Address 1 Address 1 Address 2(ot al) A$ress£(optional) CitY State or - E t�Y State or Zip Province Province Country Name Name Address 1 Address 1 Address 2(optional) Address 2(optional) Ctty State or Zip 'City T State or 21p Country _. Province vrovince COYr L041.001 Azv>a Corporstion Commission-Corporation,Milton RAW 2010 Paco 1d1 LLC Operating Agreement This is a Limited Liability Company Operating Agreement(the "Agreement")made on June 10, 2013. The Members in this agreement are as follows• RICHARD NUGENT µ .r. VIRLIE C NUGENT r.. STEPHANIE SMITH '- MICHELE LIVERSEDGE r The Members to this Agreement agree to the following: Name: This Limited Liability Company will be known as Nugent Skies,LLC(the "LLC" or"Company") The LLC: a) The Members have formed a Limited Liability Company. b) The terms and conditions of their LLC will be outlined in this Agreement. c) If the Agreement is executed,the LLC Operating Agreement will be in effect on May 16,2013. d) The LLC will only be terminated as outlined in this Agreement e) The LLC's primary place of business will be 1535 E OLD WEST HWY, APACHE JUNCTION,Arizona, 85119. f) The LLC will be governed under the laws of the state of Arizona g) The LLC's primary purpose is FULL SERVICE RESTAURANT. Registered Office and Agent: The Company's initial registered agent shall be VIRLIE NUGENT, located at 1125 N VALLEY DR, APACHE JUNCTION,Arizona, 85120.The Company's Managers may, in accordance with the voting authority established above,change the principal office,registered office,or registered agent of the Company,or establish additional agents,offices or places of business of the Company from time to time. This is a RocketLawyer coin document Contributions: The Members will make an initial contribution to the LLC as follows. RICHARD NUGENT - $0.00 in /G; v VIRLIE C NUGENT • $0 00 in ,/,? Ci STEPHANIE SMITH: $0.00 in /4Ji L)d t Pv yn i. s 7 Aae MICHELE LIVERSEDGE . $0.00 in 14CVd Contributions will be submitted no later than [ -- — )3 All capital contributions are final unless all Members give written consent of withdrawal.All contributions will be deposited into a Joint capital account. Interest: +w The Members'ownership interest in the LLC will be as follows. RICHARD NUGENT • 40% VIRLIE C NUGENT•20% STEPHANIE SMITH • 20% to:,- MICHELE LIVERSEDGE • 20% Costs: The Company shall reimburse the Managers or Members for all direct out-of-pocket expenses incurred by them in managing the Company. Profits &Losses: a) The Members will share the net profits and losses of the LLC according to the following percentages. RICHARD NUGENT • 40% VIRLIE C NUGENT 20% STEPHANIE SMITH • 20% MICHELE LIVERSEDGE . 20% b) The Members'profit allocation will be accounted by ROY LAYTON according to the above percentages after the costs of the LLC have been paid or calculated according to the above cost percentages c) Profit allocations will be distributed 4 times per year d) Each member must receive 20% of their profit allocation each year from the LLC, although percentages greater than the above listed may be distributed according to a member vote e) The members are not allowed to withdraw from their profit allocation at any time. This is a RocketLawyer.com document. f) Not all members will receive enough funds from the LLC to cover their income taxes for total profit allocation by the LLC. Members and Managers: a) The liability of the Members is limited according to the Limited Liability statutes for the state of Arizona. b) No Member shall be an agent of any other Member by reason of being a Member of the Company c) All Members of the LLC,by majority vote of Member interest,will maintain 2 Manager(s)to be reelected every y/t •tt ( .All Members will vote in each election l F� t d) Members that are not elected as Managers shall not have any control or vote in the operation of the Company's affairs and shall have no power to bind the t 4, Company e) The Managers'voting authority will be defined by the following unless otherwise -13 stated in the Agreement: All Managers will have an equal vote.No Manager is authorized to act on their own in obtaining contracts,financial,or other obligations binding on the LLC unless there remains only one Manager for the LLC.Decisions will be based on a majonty of equal votes. Proxies: At all meetings of Members,a Member may vote in person or by proxy executed in wntmg by the Member or by his duly authorized attorney-in-fact Such proxy shall be filed with the Managers of the Company before or at the time of the meeting.No proxy shall be valid after eleven months from the date of its execution,unless otherwise provided in the proxy Filing of Notices: The Managers of the Company shall be responsible for preparation,maintenance, filing and dissemination of all necessary returns,notices, statements,reports,minutes or other information to the Internal Revenue Service,the state of Arizona,the Members of the Company,and any other appropriate state or federal authorities or agencies The Managers may delegate this responsibility to a single Manager in accordance with the voting authority established above. Liability of Members and Managers: All debts,obligations and liabilities of the LLC, whether arising m contract,tort or otherwise,shall This is a Rocketr_awyer.com document. b) Second, to the payment and discharge of all of the Company's debt and liabilities to creditors of the Company that are Members; c) Third,to the Members in accordance with their capital accounts, after giving effect to all contributions, distributions and allocation for all periods. Amendments: a) Amendments may be made hereto upon the unanimous and written consent of all Members. b) Amendments must be expressly written and have the original signatures of all Members Settling Disputes: c_ ' fr• - All Members agree to enter into mediation before filing suit against any other Member or the LLC .= for any dispute arising from this Agreement or LLC Members agree to attend one session of r- mediation before filing suit If any Member does not attend mediation, or the dispute is not settled 4:1 after one session of mediation, the Members are free to file suit Any law suits will be under the jurisdiction of the state of Arizona 73. ro Action Without Meeting: :{`. Any action required or permitted to be taken by the Managers at a meeting may be taken without a meeting if a consent in writing, setting forth the action so taken,shall be signed by all of the Managers No State Law Partnership: The Members intend that the Company not be a partnership(including,without limitation, a limited partnership)or joint venture,and that no Member or Manager be a partner or Joint venturer of any other Member or Manager,for any purposes other than federal and state tax purposes,and this Operating Agreement may not be construed to suggest otherwise. Choice of Law and Severability: This Agreement shall be construed in accordance with the internal law of the state of Arizona. If any provision of tlus Agreement shall be contrary to the internal laws of the state of Arizona or any other applicable law, at the present time or in the future,such provision shall be deemed null and void,but this shall not affect the legality of the remaining provisions of this Agreement.This Agreement shall be deemed to be modified and amended so as to be in compliance with applicable law and this Agreement shall then be construed in such as way as will best serve the intention of the parties at the time of the execution of this Agreement. Entire Agreement: This is a RocketLawyer.com document. and unanimous vote of all Members. Withdrawal or Death: The Members hereby reserve the right to withdraw from the LLC at any time Should a Member withdraw from the LLC because of choice or death,the remaining Members will have the option to buy out the remaining shares of the LLC. Should the Members agree to buy out the shares,the shares will be bought in equal amounts by all Members. The Members agree to hire an outside firm _ to assess the value of the remaining shares. The Members will have 60 days to decide if they want to buy the remaining shares together and disperse them equally If all Members do not agree to buy the shares, individual Members will then have the right to buy the shares individually. If more than one Member requests to buy the remaining shares,the shares will be split equally among those Members wishing to purchase the shares. If all Members agree by unanimous vote,the LLC may choose to allow a non-Member to buy the shares thereby replacing the previous Member. If no individual Member(s)finalize a purchase agreement by 60 days, the LLC will be dissolved. r' rc) The name of the LLC may be amended upon the written and unanimous vote of all Members if a Member is successfully bought out. Powers of Legal Representative: If a Member who is an individual dies or a court of competent junsdiction adjudges the Member to be incompetent to manage his or her person or property, the Member's personal representative, administrator, guardian, conservator, trustee or other legal representative shall have all of the rights of an assignee of the Member's interest. If a Member is a corporation, trust,partnership, limited liability company or other entity and is dissolved or terminated, the powers of that Member may be exercised by its legal representative or successor. Dissolution: Should the LLC be dissolved by majority vote or otherwise, the LLC will be liquidated, and the debts will be paid. All remaining funds after debts have been paid will be distributed based on the percentage of ownership interest outlined in this Agreement An assignment or sale of a Members interest in the Company does not result in the dissolution of the Company For the avoidance of doubt,the granting of a lien on any amount of Member interest is not deemed to be an assignment. Liquidation: Upon dissolution of the Company, the Managers or one of their members that they select shall liquidate the Company's assets and shall do so as promptly as is consistent with obtaining fair value for them, and shall apply and distribute the assets of the Company as follows: a) First, to the payment and discharge of all of the Company's debts and liabilities to creditors of the Company other than the Members, This is a RocketLawyer.com document. be solely the debts, obligations and liabilities of the LLC, and no Member shall be obligated personally for any such debt,obligation or liability of the LLC solely by reason of being a Member. However, each Member remains personally liable for payment of his,her or its Capital Contribution as set forth in the Act or as otherwise provided in this Agreement This section does not prevent an LLC Member,should they so choose,from separately agreeing to guaranty or otherwise become liable for a debt which is also of the LLC. Indemnification: The Company will indemnify the Members,Managers, and agents for all costs,losses,liabilities and damages paid or accrued by the Member,Manager or agent in connection with the Company's business,to the fullest extent provided or allowed by the laws of Arizona Accounting: t= a) All accounts related to the LLC, including contribution and distribution accounts will be audited once per year. r;_; 4 b) All Members will maintain a joint contribution account All Members will maintain a joint distribution account Members will keep accurate and complete books of account for all accounts related to the LLC Any Member, whether majority or Lg minority,will be allowed to review all books of account at any time they request. t='' c) Accounting records will be kept on a cash basis d) All financial records including tax returns and financial statements will be held at the LLC's primary business address and will be accessible to all members. e) The fiscal year will be complete on the last day of December of each year. All Members will present their position on the state of the LLC within two weeks of the completion of each fiscal year. f) The following Members will be able to sign checks from any joint Member account. RICHARD NUGENT VIRLIE C NUGENT STEPHANIE SMITH MICHELE LIVERSEDGE New Members: The LLC will amend this agreement to include new Members upon the written and unanimous vote of all Members The name of the LLC may be amended if a new Member is added to the LLC upon the written This is a RocketLawyer.com document 1 This Agreement constitutes the entire agreement among the Members regarding the terms and operations of the Company,except for any amendments to this Agreement adopted in accordance with the terms herein.This Agreement supersedes all prior and contemporaneous agreements, statements,understandings,and representations of the parties regarding the terms and operation of the Company,except as provided in the preceding sentence. All Members signed hereto agree to the above stated Agreement. Signed this //' day of l,L , 20 1 S►gnatu dir:111411.)'Alr Pr.---"...; RICHARD NUGENT (-7, .��iLS�rI.JJ V Signature. �(� Z r- VIRLIE C NUGENT r'" t Signature: i ti.(1 , . t_... STEP A SMITH i' Signature: )---',./C_J-)C2),C) lfa - .�" MICH E LIVERSEDGE This is a RocketLawyer corn document. ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 U�- Q� ,_, (602)542-514.1 V 14 QUESTIONNdi:RE Jg - Attention all Local Governing Bodies: Social Security afitt,MtrthrlateinforiTiation Is Confidential This information may be given to local law enforcement agencies for the purpose of.#racKground checks Oily but roust be blocked to be unreadable prior to posting or any public view. , s' ,�,; Read carefully. This Intro is:e�sivorrr document , . or print with BLACK INK. An extensive Investigation of your background will ber"cortductsd False or incomplete answers r could result In criminal prosecutior4"lfnd the denial Ofemipsegyent revocation ofa license or permit r. TO BE COMPLETED BY EACH CONTROLLING PERSON,AGENT OR MANAGER EACIi.PtRSON COMPLETING THIS FORM MUST SUBMIT AN r1.:; "APPLICANT'TYPE FINGERPRINT CARD AVAILABLEAT THIS OFFIL'E. fINGWIFIWNTSONFBI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA ROE FINGERPRINT SERVICES OR ME;DE ARTMENT OF LIQUOR THE DEPARTMENT CHARGES A$13 FEE 'F In addition to other fingerprint fees,a$22 DPS background check fee M fbe charged for each r- fingerprint card. Liquor License The fees alloyed by A.R.S.§44-6852 will be charged for all dishonored checks. i ' I 1 1 /[I .a {� (tithe location Is t entty Nan i _ sed) ." o 1 Check Q']ControlingPerson (Agent ❑ Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions gam#14,14a&21) box--00. Controlling Person or Agent rust complete#21 for a Manager Controlling Person or mt must complete#21 2 Name S >i-C In `�' - t 7]L.4. L C estM Date of Birth:Last ddle a ic 3 .Social Security Number Drivers License State. A,2__ (NOTa public record) N T public record) (} Q1 4 Place of Birth. �-i cc I)fL l 0 6 Height: Weight: I c3 S Eyes ,(3 I Hair_At _�Ji City tate Country (not county) 5. Marital Status f '6ingle 0 Married❑Divorced 0 Widowed 6 Name of Current or Most Recent Spouse: Date of Birth:_/_I (list all for last 6 years-Use addtion&sheet if necessary) Last Firsl Middle Maiden (NOT a public record) 7 You we a bona tide resident of what state? ri r i LD IllC, If Arizona,date of residencyc rX� k l l 7 8 Telephone number to contact you during business hours for any questions regarding this document' i ZS f) " Li ID ---7 Li 0 I 9 If you have been an Arizona resident for less than three(3)months,`su_bmit a copy of your Arizona drivers license or voter registration�caard.. 10 Name of Licensed Premises A, i e, 5t T C .e,r1 Premises Phone. 4g,/b 9�7 2- 3 4 a 0 11.Physical Location of Licensed Premises Address: i5 5 5 C 1 nc). LO j� 4�L�t( j`T� �e (�Jti ctuf� Address (Do 6-i I2 list your employment or tyoe of business during the past five(5)years If unemployed part of the 9me.1st those dates List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS //MonthNeesr Morrihrfear OR BUSINESS L 1` (street address,city,state&zip) i f}2 l4, -1 J CURRENT S� 4 e( .)S�J Les g t i-dr Q.-r- 1 f5 3 5- 6 1}� G.L .G ..3! 1D- b ' 13 f"Ve.c S Ef&\-i- t` Or\ \e S9 5ce 14 - 1D S - 1a �er� J e-i F1.\la S ROL't(111p O643 1.1 ts''0' Pa ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION (}�l'1;ai t,' p, 13. Indicate your residence address for the last five(5)years y ��ri, ,� t.(�"}'ta,Tt. FROM 10 Rent or RESIDENTIAL Street Address 1 S'5 1,L Month/Year Month/Year Own If rented,attach additional sheet with name,address and phone number d landord City State ZQ 5 -aCURRENT ge4 tJ •\E ke t�.t- i Je. J11 Oad1-€ /1C.i1t11 AZ D C t 161 g- c5 5-1- Q ,r+- 1(4Z u.) ly}* Oxi,e.. '�P a. Pe., Bs. .Lc\ Agri 16,2012 Disabled individuals requiring special accommodations,please cat the Department(602)642 9027 ,n c-, -x\A-r(dM ,S:c r)".\-J\ 4vtd\--v-\--9 " /` ,... ,,,t s--)) LA5 - ' ,‘ (-) 500 4 tv,, ,fv, ,,,, ,A---„--.) 6, ,,y-nv ›\)\.")-"°, \-/ , . -2,Nk c'-'-''' ' ...0-,s5r1.,) ,, :-.) \e\-1)c4 5\ ffl\ --?-- N\QA, \ - ro. -;?,, \ 4,1 _?Ar '4 N r ✓ M9Y) )1 .7°"' ,.o ` �� Q c Ve\RT j \Al'.1 )1 °9 b -1.--).(1\ k.,:\ \ v ti 9 ra-k9V Ii. v:f5)''''riri10, ‘1 V I 1 7 k)til 0 ) d h (Y) ° kS 2 Cill I al 9erl:c 04, SQ 4 ) uoi_v \p, 71'2.VVSIP)\CO t1 \:Sa N?" 41"(1. ) zi ,, ,t - L)019 4. s_. 70c....-,19\gi tol N.AXA -1. If you checked the Manager box on the front of this form skip to#15 14.As a Controlling Persona Agent,will you be ph icaiy present and operating the licensed premises? 'AYES ONO If you answered YES,how many hrs/day? ' ,and answer#14a befow. If NO skip to#15 14a Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) EYES ONO lithe answer to#14a Is"NO",course must be completed before issuance of a new license or approval on an existing license. 15 Have you been cited,arrested,indicted or summoned into court for violation of ANY law or ordinance, r YES' '1O regardless of the disposition,even if dismissed or expunged,within the past ten(10)years? In addition, please include all traffic tickets and complaints within the last ten (10)years that resulted in a warrant for arrest ANQ any traffic tickets and complaints that are alcohol or drug-related 16 Are there ANY administrative law citations, compliance actions or consents, cnminal arrest,indictments CI YES riNO or summonses PENDING against you orANY entity in which you are now involved? Include only cnminal traffic tickets and complaints 17 Have you or any entity in which you have held ownership, been an officer, member,director or manager []YES £liO EVER had a business, professional orliquorapplication or license rejected.denied. revoked,suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a judgment against you,the subject of which involved fraud or [DYES I1tO misrepresentation? 19 Are you NOW or have you EVER held ownership,been a controlling person,been an officer, member, OYES' 10 director or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is"YES"YOU MUST attach a signed statement '----- Give complete details including dates, agencies involved, and dispositions. i'" SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED N.) - r 90 ha m t: r r .Srv,t�-�, 20 I, .� r !'j,�'t f '`► hereby declare that I am the APPLICANT/REPRESENTATIVE :' I (print full name oApplicant) --' Ming this questionnaire I have read this questionnaire and all statements are true,correct and complete r,, X ' Stateof H r 1'7ra/1 CounofIl (Signature The foregoing instrument was admowedged before me this 1 O day of , 70 1. Year i j I 7 ommission expires on' 9 A-pc,) I Day Month Year TARY PUBLIC) 1J:I COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLUNG PERSON OR AGENT t APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnaire to act as manager for the named •.• icense The manager named must be at least 21 years of age /� State ofA r; zs--in o, •of 1-3;,,,a The foregoin. ..-.'rnentwas admow'edged before me this X AA-A • day of �1 t\I 013 S of ntroling Person or AgY circle one f onth Year >i i. l t t T • ( • re of NOTARY PUBLIC) Pint Name (� My commission expires o.' < h pnk 4(O Day Morth Year ► 'i Deborah A.Mow•�• NOIry Moths•Arks** • `•�,1 ._ Piaui� -.:.. Apra X,Mt W01- ARIZONA STATEMENT OF CITIZENSHIP AND ALIEN STATUS FOR STATE PUBLIC BENEFITS Professional License and Commercial License Department of Liquor Licenses and Control Liquor License #. i lL(b I Ownership Name• '\u e t.e > L L C. (as list the current liquor license application or renewal application) Title IV of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the "Act"), 8 U.S.C. § 1621, provides that, with certain exceptions, only United States citizens, United States non-citizen nationals, non-exempt "qualified aliens" (and sometimes only particular categories of qualified aliens), nonimmigrants,and certain aliens paroled into the United States are eligible to receive state or local public benefits. With certain exceptions, a professional license and commercial license issued by a State agency is a State public benefit. t.. Lw Arizona Revised Statutes § 1-501 requires, in general, that a person applying for a license must submit rY documentation to the licensing agency that satisfactorily demonstrates that the applicant is lawfully present in the United States. - Directions: AU applicants must complete Sections I, II, and IV. Applicants who are not U.S. citizens or r-- nationals must also complete Section III. Submit this completed form and copy of one or more documents that evidence your citizenship or alien status with your application for license or renewal. r,: SECTION I—APPLICANT INFORMATION, APPLICANT'S NAME(Pent or type) 3e)„Q { ATE TYPE OF APPLICATION(check one) UR ITIAL APPLICATION _RENEWAL TYPE OF LICENSE -e 4r, L or CA U 1 a SECTION II—CITIZENSHIP OR NATIONAL STATUS DECLARATION Directions:Attach a legible copy of the front,and the back(if anyl,of a document from the attached Liqt A or otlqr document that demonstrates U.S.citizenship or nationality Name of document provided: 13.{- ( c 14..I-k CCKA — A. Are you a citizen or national of the United States?(check one) \es _No B If the answer is"Yes,"where were you born? List city,state(or equivalent),and country. City lF S.ht)i'C State(or equivalent)M Country or Territory (it,S If you are a citizen or national of the United States,go to Section IV If you are not a citizen or national of the United States,please complete Sections III and 1V. DLLC 2/20/09 AG 11/08/07-81662 Page 1 of 7 SECTION III—ALIEN STATUS DECLARATION Directions: To be completed by applicants who are not citizens or nationals of the United States. Please indicate alien status by checking the appropriate box Attach a legible copy of the front,and Ste back(if any),of a document from the attached List B or other document that evidences your status.A.R S.§ 1-501.Name of document provided. "Qualified Allen"Status(8 U.S.0§§ 1621(aX1),-1641(b)and(c)) ❑ 1 An alien lawfully admitted for permanent residence under the Immigration and Nationality Act(INA). ❑ 2 An alien who is granted asylum under Section 208 of the INA. ❑ 3. A refugee admitted to the United States under Section 207 of the INA ❑ 4 An alien paroled into the United States for at least one year under Section 212(dx5)of the INA ❑ 5 An alien whose deportation is being withheld under Section 243(h)of the INA. ❑ 6. An alien granted conditional entry under Section 203(aX7)of the INA as in effect prior to Apnl 1, 1980 ❑ 7. An alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education r= Assistance Act of 1980) ttil Os. An alien who is, or whose child or child's parent is a`battered alien"or an alien subjected to extreme cruelty in the United States. r- i-i Nonimmigrant States(8 U.S.C.§ 1621(aX2)) ❑9. A nonimmigrant under the Immigration and Nationality Act[8 U.S C. § 1101 et seq.] Nonimmigrants are persons who have temporary status fora specific purpose See 8 U.S C. § 1101(ax15). Allen Paroled Into the United States For Less Than One Year(8 U.S C§ 1621(a)(3)) ❑10. An alien paroled into the United States for less than one year under Section 2 12(dX5)of the INA Other Persons(8 U S.0§ 162I(cx2XA)and(C)) ❑ 11. A nonimmigrant whose visa for entry is related to employment in the United States,or ❑ 12 A citizen of a freely associated state,if section 141 of the applicable compact of free association approved in Public Law 99-239 or 99-658(or a successor provision)is in effect[Freely Associated States include the Repubhc of the Marshall Islands,Republic of Palau and the Federate States of Micronesia,48 U S C § 1901 etseq], ❑ 13 A foreign national not physically present in the United States. Otherwise Lawfully Present(A.R.S § 1-501) ❑ 14 A person not described in categories 1-13 who is otherwise lawfully present in the United States. PLEASE NOTE. The federal Personal Responsibility and Work Opportunity Reconciliation Act may make persons who fall into this category ineligible for licensure See 8 U S C.§ 1621(a). Page 2 of 7 SECTION IV-DECLARATION All applicants sn ust complete this section. I declare under penalty of perjury under the laws of the state of Arizona that the answers I have given are true and correct to the best of my knowledge. t� � 1CSJl� LIC T'S SIGNATURE TODAY S DA r`E f� I"- r ('t.) J,3 h (l_1 _Ls Page 3 of 7 r• . ,_-_ "" •,-...,.... • ' . :,,,s;:..cee 'IT- dr ''''. - ' --7-.7-7. '4..':'"•:-., - "',..::• ''•„,y,- ' .---.,A i ....,' -• ,... , i -.F--.. ' , i. • -,---.• ‘ITAI. RE('()Ril (---. '"'"--,- Alrne' - --,.-"*";‘• ...7 7 7` "7"..-__ ' 1 . -"'"-`,'• '7''''.1jv et ' 7.,• - , - - --. • .. , :- Te-"40,. b..,,,,,, ..,,.; , •••• 1;•.ir _ , ....,, ./- .. . .: I... ,... . .,....t STATE OF ILLINOIS IS:(r. , .„ . . VVVVVV DEPARTMENT OF INJBLIC HEAL:DI-DIWSION OF VFAL RECOR ,_ DS -- •' .....I :•":. . I 4‘,..„.. i:1,. ;' ,ii : \It f •1 V. k 7'-' 1) 1:r it: f4 ) : .,.' - & ,. .. i 1. 1 V' 1I , , .. ..........inisuirmr..of' ...mmismon......m, ,s: .. .. . .. ,.... . .. , , 1 7 2 0 7 8 6 9 3 • MAJOING CC , effAS-TIATio.. 4840 -.-rTATa wpm.- ,:.,1 ..... t OISTIKT O. OD=OWN Paillei • • r i 1 1 Mame Nur A 1 CiwessERIIFICATE °F1-1V..44 eiFirl 112 ..St DATE of sem raw*Fat Vela :HO(* • t i. -STEPHAN IE LTEN-1 % " SMITE .-- ' -'2a. . ;21.1s311 P M. SEX wirm—arrolLiww..11,10, . NAO Erc NOT. ,PIACI Of NM mom • . . -I 3. FEMALE 4., SINGLE • 'lb.i :16a. HNOI I art,town+.pon.a*4to.o som ' a to. :movit.,-. -, at..r NOT al ICIONtALOnt SUM AND"Wheat .. i 1 I a. GALESBURG -;. - Vid. ' GALESRURG COTTAGE NOBPLTAL A monie-MAN/4Abo mg •, Malta 4. 4', .,terit •• :AGE tau nrar or $31t1WrACe sure os joabon couperrn -I DEBORAH L elsrotAICE Stan 'AN ems YNN STRAIGHT NISSOU 1 as: 21 4e. miDILI CITTATTY 'r'*--i EiSTAADNI•caN,..a." •••• imo,orr wow moms .1 •.,. ,& i • 7, ILLINOIS 7b. HRON :: :7._ GALU$UC .... in.TES 70. 411 YATES STit.BET mOTHErra COMPUTE SMITS PAID MAWR 011 I.T.D. OM OA maw Mit no . i MAILING ADIXESS 7L 429 YATES STREET GALESBURG awtHrtAcittr"if 61401 IATtlf1---NANIlf MP . wood CAST faL CAT T1T.TE Of . a, RIC LEE -'' SMITE jib. 22 if&i ILLINREDTO . t !9a.FIIROV hk../fia‘ : dr :I 4 .ONTIW Ttl0 W . . ATE$.3.,asa AronaG.0Ar.rim 00_kODWAT,01W11/ I "....0 TWIT A.10 OH THS PAW STATED AMOVE SiGALATUNIE # :e. milminsiti • tor. M. D. :11LNONI UCINST NUMBER I 1 ...'"- ' ... ... lee. , : *- Nkl. 3638300 1 7. CarlitfiErS COAVILTE liana AND-Wyatt Ot 1. :' STATIC 0, MAIM*ADONIS.% 10.. 575 N HELLO G !TRENT 9ALESBUIG ILLINSgrAlt 61401 . 1 t LOCAL SOGNIA .DATE RECO SY LOCAt 4 4)Ze-,-.ar.erl, '. ''' - .1A101.11/1.DAT.WASS 411111111111111.1...,.1 -i . i. ' , .-- I 1! • ..0 -\ i: :• • 1:-:. -I,---- . s. ..,, ''s• 5# `s. N..)I'.. 4 y r . :r.... .:, ,k ,i f"1 I , I...) 1 ".• 1 . . 4 4 4 s , ,- ..._ 425193 This is to certify that this IS a true skid ciiirreet aotp,v be MOM,raconi 11/AU MITI the Winds P Deportment of ublic Hoeft). V. ... DATE,. FEB 1 7 t 1 F.• 2 7 t,..!.. ,,,:_..,2„,...,„.. i . .......... ".„..., ,......, :,,, , „ ,. i-- tt..44......_ iip. .,.. -e-)yr *:".K.:-1.- fr,-:1-'1$ •,'41D:;"1.'...,--1.1...,744'.?e.'';• . ERIC E WHITAKER.MD v."'i.., :'".-.1-.-E,•":"..c!"''','\V., :. -E7 2- .4 .1:-..".,•4.A."'-'-' .V.,•=`,- - 4.,,r f-1. .:-.:-t..4 t..' .i, STATE REGISTRAR V. ...•-el -1-' O . ,,, . f .= e.. il 4 4.'lla Itt .e.- i ... .,. t., ' ' ' -, • Ireer - ... I. ':' s',•.z7.,.7. 7-;:,A1 1 ',:.‘' *-,,•:. '' ...>'L'4 1, --,. .t.' „•-i- _.!,-,--1,.4.. 4,_ .,.,e,,' .. ...... - -N-'-- ......NagyiSFP.-" •---.---),•.•.,---,,..!.......2.-v..",•-•-"-...„1- .1 -iiA NI Y ALTERATION OR ERASURE vol DS THICCfRTIFICATEATAMMriarai-arirk • - -0-. '''t....:......-`':.,...‘ -.. Arizona D . i� if Liquo nd Control 0,t,1 4 r.,:. t "4 .• � i r ,..1.0:41S. , ..' 7 ' a. t. 4!..Ph**41$1 ' ' Adaiii.,04,` .?:,. .,4-i-;,,L- i .. . Certificates must be cooli a sta oved thg •- •vide .- . . nk,on an original form. .`/�^- � `. 1. r t • -i - • 1 1 'b . .Eh'W ...� , _ 2 M Zi 1 % , ' � A Tralni - ompletionD; ` �`+*......., ��"f of •`V O pleted(check Yes or No) ---- • y° L > > :ASIC NYes ❑ No ON SALE dufl'ji,Yyy L1a 1 ZC(g r No MANAGEMENT f Yes 0 No OFF SALE Certfic3fe Expiration Date air:. PE-No 'OTH - 'r « D Yes 3 No OTHER (MANAGEMENT-5 years from completion date) (BASIC-3 years from completioin date) If Trainee Is E •k(yed By A Licensee , l t r t 14. @ yt C-I✓Ot-r- L t b ' - ' `mi) LD t, 0 k Z Name of Licensee-� Business Name quor License I Alcohol ATraining Program Provider Information Ff'' "�1 r Lc GSA, CW--SULAIlit Company or Individual Name(please print) • ( ' 6. A2.c'3c _ Address i\ALt /q Aru7.4APE f5'S-Zac ( 602- ) 31 3 3 6'3,:- City State Zip «4 4 Vill • so Daytime Contact Phone I t-`7 r11� I certify the above named individual has successfully completed the training specified above in accordance with Arizona Revised Statue,Arizona Administra Code,and the training course curriculum approved by the Department of Liquor Licenses and Control ti tt __ r• L..tc ELL 1 (n,C"`"' , - 41, A _f Name of Trainer(please print) i— I ,, Trainer Signature V Date . i-.r Pursuant to A.RS.5 4-112(G)(2),mandatory Title 4 liquor law trainingts required prior to the Issuance of all new liquor license applications sail-flitted after November 1,1997. The persons(s)required to attend both the BASIC and MANAGEMENTTitie 4 liquor law training,on-or off-sale,will include all of the following: Owner(s) Licensee/agent or manager(s)actively involved in daily business operation A valid(not expired)Certificate of Title 4 Training Completion must be submitted to the Department of Liquor Licenses and Control before a liquor license application is considered complete Before acceptance of a managers questionnaire and/or agent change for an existing liquor license,proof of attendance forthe BASIC and MANAGEMEN Title 4 liquor law training(on-or off-sale)is required 8/2009 Disabled individuals requiring special accommodations please call(602)542 9027 ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602)542-5141 (i - UQq QUESTIONNAIRE 17105-n 11 o ) Attention all Local Governing Bodies: Social Security and Birthdate Information Is Confidential This Information may be given to, local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to postiri or any public view. r Read carefully. This instrument Is a sworn document. Type or print with BLACK INK. An extensive investigation of your background will be conducted. False or Incomplete answers r-- could result In criminal prosecution and the denial or subsequent revocation of a license or permit TO BE COMPLETED BY EACH CONTROLLJNG PERSON,AGENT,OR MANAGER. EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT'TYPE FINGERPRINT CARD AVAILABLE AT THIS OFFICE. FINGERPRINTS ON FBI-APPROVED CARDS ARE ACCEPTED FROM LAW r-=- ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SERVICES,OR THE DEPARTMENT OF LIQUOR THE DEPARTMENT CHARGES A$13 FEE.I;5 In addition to other fingerprint fees,a$22 DPS background check fee will be charged for each ;.ii fingerprint card 1 Liquor License #1�j I ���$ The fees allowed by A.R,S.§44-6852 will be charged for all dishonored checks, I —,, (If the loc Lion la currently II need) 1 Check �ntrolling Penrose' Agent Manager(Only) appropriate omp ete Questions 1-19) (Complete All Questions except#14,14a&21) box--♦ ControllingmPerson Person or Agent must cop #21 for a Manager Controlling or Agent must complete#21 2 Name Wu t� /7 i- Vie. i e Le-U/S Date of Birth _� 1. Last' First Middle (NOT a Public Record) 3 Social Security Numbe Drivers License#11111111111MM State: /7.2. QQ f pu ► (NOT a public record)) 4 Place of Birth 413.ein I b L Lc S 4 Height: ,...5- Weight / Tk-- Eyes: 6 Hair go Ai City VVV S Country (not county) • 5 Marital Status in Married 'vorced f Widowed f Q/ 6. Name of Current or Most Recent Spouse. %r 7 97Y/2&/' / l�y /4 Date of BirtallillinliP (List all for last 5 years-Use addldonal sheet If necessary) � LLaaJst,,/ First Middle Malden (M(QI a public record) 7. You are a bona fide resident of what state? t /'/.Z[//v C If Arizona,date of ressiiiddeenncyy / 7 8 Telephone number to contact you during business hours for any questions regarding this document t�--tt 908 9 If you have been an Arizona resident for less than three 3)months,'` submit a copy of your Arizona driver's license or voter registration card. 10. Name of Licensed Premises: (5-k(PS / / i"� Premises Phone. 7eO l 3 ,63-4 - 11 Physical Location of Licensed Premises Address. /55 3 &Cr .57/L'YA iV y i to vur`--1'v� /gitia Street Address (Do not use PO Box f) City County Zip S'6/17 12 List your employment or type of business during the past five S5J years.If unemployed part of the time,list those dates. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city,state&zip) J th�� CURRENT p' !1/f L!q, � Pr 7 Agar -- T27��t t'L'� q J C e rA 1 C. Netck‹.-1,cial�-1-t ovI`CS, , lc-1 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTIONA 13. Indicate your residence address for the last five(5)years: V FROMMontivYear Month/Year Own J3 CURRENT A I�� //TO Rent or / )�� ��RESIDENTIAL Street AddressZip ,/% If ��y�,address !�� �and phone number of landlord CityStale Z lt tad/ f �( ��3 R s l, �(,�l� y g� � if/09 * 1 / ( 5�/V L1a!f'y 0 C i ley �� g a Yo7 y1 97 2C h _ -( c April 1 012 Disabled indNiduala requiring special accommod ,please call the Department(602)642-9027 If you checked the Manager box on the front of this form skip to#15 14.As a Controlling Person or Agent,will you be physically present and operating the licensed premises? (YES' INO If you answered YES,how many hrs/day? ,and answer#14a below. tf NO,skip to#15 14a.Have you attended a DLLC-approved Liquo w Training Course within the past 5 years? (Must provide proof) fr NO ) If the answer to#14a is"NO",course must be completed before issuance of a new license or approval on an existing license. 15: Have you been cited.arrested. indicted or summoned into court for violation of ANY law or ordinance, YES-.Yry regardless of the disposition, even if dismissed or expunged,within the past ten(10)years? In addition,please include all traffic tickets and complaints within the last ten(10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related 16 Are there ANY administrative law citations,compliance actions or consents,criminal arrest, indictments YES or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal traffic tickets and complaints. 17. Have you or any entity in which you have held ownership, been an officer, member,director or manager r 1 EVER had a business, professional or liquor application or license rejected vied. revoked.suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a Judgment against you,the subject of which involved fraud or YES NO misrepresentation? 19. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, CD NO director or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is"YES'YOU MUST attach a signed statement Give complete details including dates,agencies involved,and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED Lo i v 20. I, , J ( 1r� 9 r fi ,hereby declare that I am the APPLICANT/REPRESENTATIVE F l (print full name of Applicant) r'- filing is estionnaire. I h read this questionnaire and all statements are true,correct and complete ;9 i� r.. P / n X State of County of �hl� s (Signature o icant) r' r�7 The foregoing instrument w acknowledged before me this .f=. ? day of %"d?y .Ad Lrl My commission expires on NV 41 l F NO=. ���,.� r Day Month Year \i`` c Pleat r.••- • of NO •RYYPIJIRLLIC) ',, PAUL MAXEY My Commission Expires 0220/17 COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnaire to act as manager for the iquor license The manager named . ust be at least 21 years of age ,�jj rod State of County of !t'A /..^ oing instrument was acknowledged before me this X = V day of Ty R013 Sign ture o -•. i"fling Pe •• or Agent(circle one) ' Year Idle, VA (Signature of NOTARY PUBLIC) Prirvt My comm. . 'res on f'z21 AO 17 ., NOTARY PUBLIC Day Month Year ; .a_ STATE OF ARIZONA w,- F Mal County 'r PAUL MAXEY My Commission Expires 02/2 Y17 SIGNED STATEMENT PER#15-19 QUESTIONAIRE I,VIRLIE NUGENT, DO HOLD A NUMBER 6 LIQUOR LICENSE#06110012 FOR SUPERSTITON SKIES RESTAURANT AND BAR UNDER R NUGENT&ASSOC. LLC.AT 945 E SCENIC ST APACHE JUCTION AZ 85119 AND HAVE NEVER HAD A FINE OR CITATION. APPLICATION DATE AUG.2005 I USED TO OWN A NUMBER 12 LICENSE AT 6209 E MAIN ST MESA AZ • 85205 FOR BUSINESS CALLED ROCK N SKIES UNDER CORP NUGENT FAMILY HOLDINGS LLC AND VIRLIE NUGENTREVOCABLE LIVING TRUST(I AM THE TRUSTEE) I NO LONGER HAVE THE LICENSE NUMBER BUT I AM SURE THE LIQUOR BOARD HAS A COPY. r w I HAD A COUPLE COMPLIANCE ACTIONS RIGHT WHEN WE OPENED -$ r• I DIDN'T HAVE AN EMPLOYEE LOG 4-119 AND R19-1-208.ALSO 0106-07C •^ ON 2/23/2007 INCIDENT DATE, 3/13/07 VIOLATION LETTER, 3/28/2007 to MAIL IN CONSENT,AND 3/29/2007$250 FINE PAID. WE FELL BELOW THE REQUIRED PERCENTAGE. 1 Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www.azliquor.gov 602-542-5141 • CERTIFICATE OF TITLE 4 TRAINING COMPLETION Do Not Duplicate This Form Certificates must be completed by a state-approved training course provider,in black ink,on an original form. tM1ie I iVu _ eri-7 . Full pl se print) Signature C>gC o N t Type of TrainingCompleted Training Completion Date Ypp (check Yes or No) 7 Yes a No BASIC Yes ❑ No ON SALE C�1 rle, Yes ❑ No MANAGEMENT ®Yes ❑ No OFF SALE Certificate Expiration Date 'ii Yes ❑ No BOTH ❑ Yes j, No OTHER (MANAGEMENT-5 years from completion date) ASIC-3 years from completion date) If Trainee Is Employed ByAJ.icensee e 4fievt ere,es77 T%41, S7 ems' G ( //co/ ,2 Name of Licensee Business Name Liquor License# Alcohol Training Program Provider Information ARIZONA BUSINESS COUNCIL FOR ALCOHOL EDUCATION , Company or Individual Name(please print) 77 EAST COLUMBUS AVENUE, SUITE 102 Address -R Phoenix AZ 85012 ( 502 ) 285-1396 w City State Zip Daytime Contact Phone# I certify the above named individual has successfully completed the training specified above in accordance with Arizona Revised Statue,Arizona { Administrative Code,and the training course curriculum approved by the Department of Liquor Licenses and Control: � J )6A)03 1161 Name of Trainer(please print) Trainedgnature Date Pursuant to A.R.S.S 4-112(G)(2),mandatory Title 4 liquor law training is required prior to the issuance of all new liquor license applications submitted after November 1,1997. The persons(s)required to attend both the BASIC and MANAGEMENT Title 4 liquor law training,on-or off-sale,will include all of the following: Owner(s) Licensee/agent or manager(s)actively Involved in daily business operation A valid(not expired)Certificate of Title 4 Training Completion must be submitted to the Department of Liquor Licenses and Control before a liquor license application is considered complete. Before acceptance of a manager's questionnaire and/or agent change for an existing liquor license,proof of attendance forthe BASIC and MANAGEMENT Title 4 liquor law training(on-or off-sale)is required 8/2009 Disabled individuals requiring special accommodations,please call(602)542-9027 r 1~ ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 q°3* (602)542-5141 a 61; QUESTIONNAIRE f)10)510 �! Attention all Local Governing Bodies: Social Security and Birthdate Information Is Confidential. This Information may be given to �) local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or any public view. Read carefully. This instrument is a sworn document Type or print with BLACK INK. An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit TO BE COMPLETED BY EACH CONTROLLING PERSON,AGENT,OR MANAGER EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT'TYPE FINGERPRINT CARD AVAILABLE AT THIS OFFICE. FINGERPRINTS ON FBI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SERVICES,OR THE DEPARTMENT OF LIQUOR THE DEPARTMENT CHARGES A$13 FEE. In addition to other fingerprint fees,a$22 DPS background check fee will be charged for eachfi J The fees card. _ Liquor. - L. 1 I/23(1 The fees allowed by A.R.S.&44�$ii2 will be chained for all dlsholTQred checks, dl (If the location is currently licensed) 1 Check (J Controlling Pe Agent Manager(Only) appropriate ( pieta Questions 1-19) (Complete All Questions exceot#14,14a&21) box Controlling Person or Agent must complete 1#21 for a Manager Controlling Person or Agent must complete#21 2. Name' N(.at'- ��choiz IO ry Date of Birth. First Middle (f4Qw a Public Record) 3 Social Security Number jillinfillar_Drivers License State: A-2-• a public record) (NOT a public record) b� 4 Place of Birth. Ef ( r f M N� �5 iN Height 1J-S Weight:)•Lc Eyes.Bike Hair.13,(kW'rJ City Stat- Country (not county) 5. Marital Status Single Marred Div. Widowed 6. Name of Current or Most Recent Spouse' Date of Birth._/ / (List all for last 5 years-Use additional sheet N necessary) Last First Middle Maiden OM a public record) 7 You are a bona fide resident of what state? /L'2, 2_0".•761 If Arizona,date of residency; I g9(U 1 8 Telephone number to contact you during business hours for any questions regarding this document. �ia_ 4 o -/ / 7 U 9. If you have been an Arizona resident for less than three(3)months,submit a copy of your Arizona driver's license or voter registration,card. 10. Name of Licensed Premises. S V �� r / rC4� ++ I' Premises Phone ` 0- /ta 3p8 V - 11 Physical Location of Licensed Premises Address. �5 3S C IN/67 1I I y o frxt& ew+4,�7 0-i 7�ro L %c))5 Street Address (Do not use PO Box t) City County Zip 12 List your employment or type of business during the past five(5)years_If unemployed part of the time,list those dates. List most recent 1st FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city,state&zip) CyN Q6 CURRENT P`r25 i•t a�v Sir tS A.)141 ,r 7- hoc 1 °I4s 5cei*lc Sir iNe e &Z--t ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION/ 13 Indicate your residence address for the last five(5)years y h FROM TO Rent or RESIDENTIAL Street Address Mont freer Month/Year Own if rented,attach additional sheet with name,address and phone number of landlord City State Z^- 3 CURRENT �.rt' Jo`-f i E llra'�I�"t 1!i S^-, t6,4 AZ- C, -OE Z-l3 1:11ry 11 E .aSaP-1-1 t..i a l,.LC 1 April 16,2012 Disabled individuals requiring special accommodations,please call the Department(602)542-9027 If you checked the Manager box on the front of this form skip to#15 14 As a Controlling Person or Agent,will you be.gtlysically present and operating the licensed premises? INO If you answered YES,how many firs/day? ,and answer#14a below If NO,skip to#15 14a.Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) NO If the answer to#14a is"NO",course must be completed before Issuance of a new license or approval on an existing license. 15. Have you been cited,arrested. indicted or summoned into court for violation of ANY law or ordinance, YES ND regardless of the disposition, even if dismissed or expunged,within the past ten(10)years? In addition,please include all traffic tickets and complaints within the last ten (10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related. 16.Are there ANY administrative law citations,compliance actions or consents,criminal arrest, indictments YES NO or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal traffic tickets and complaints. 17 Have you or any entity in which you have held ownership,been an officer, member, director or manager YES EVER had a business, professional or liquor application or license reiected.denied. revoked.suspended `�/ or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a judgment against you, the subject of which involved fraud or YES le misrepresentation? 19. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, YES NO director or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is"YES'YOU MUST attach a signed statement Give complete details including dates, agencies involved,and dispositions Lk.) SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED r`= \v„c\- r20. I, 17;v 'Q2CI '&3er I ,hereby declare that lam the APPLICANT/REPRESENTATIVE (print full name of Applicant) filing this questionnaire. I have read thi questionnaire and all statements are true,correct and complete. X State of Et-f,'-zc vko., County of ) (Signature of icant) The foregoing instrument was acknowledged before me this CD day of 3—Uty J Month Year commission expires on. °1 Day Month Year ( TARYP LIC) • COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION • . The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license. .' FT::„�` �-),1 The manager named must be at least 21 years of age ;"JA State of County of The foregoing instrument was acknowledged before me thus X day of Signature of Controlling Person or Agent(circle one) Month Year Print (Signature of NOTARY PUBUC) Name My commission expires on. Day Month Year 7/ t-e!AT, A C Lt fit ► ! `�" Assoc n_i r 4 (_L C 4jv , - ator:) )'kt �^`t U ; L• /U j bto t l dbt )-16 t4 6 n ace, R, Cl / iI --� J 0 43 rt.} r• ri rtia r„n 1 ' ' I•` Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www.azliquor.gov 602-542-5141 CERTIFICATE OF TITLE 4 TRAINING COMPLETION Do Not Duplicate This Form Certificates must be completed by a state-approved training course provider,in black ink,on an original form. i t € k IV 61_9 elvT II Name(plese print) Signat Training7Co pl t Date Type of Training Completed (check Yes or No) NYes .❑ No BASIC ®Yes ❑ No ON SALE C 3 iLt 4/ _ [ Yes ❑ No MANAGEMENT ®Yes ❑ No OFF SALE Certificate pr on Date LB Yes ❑ No BOTH ❑ Yes ® No OTHER (MANAGEMENT-5 years from completion date) (BASIC-3 years from completion date) Jf Trainee Is Employed By A Licensee /�(i, 11 l OH 1 O C) 1 l C /� �I-C�--' C�n/l �i.•ti..t�E-fLS�� 1 t Vr� ,�1<< t> Name of Licensee Business Name Liquor License# Alcohol Training Program Provider Information ARIZONA BUSINESS COUNCIL FOR ALCOHOL EDUCATION Company or Individual Name(please print) 77 EAST COLUMBUS AVENUE, SUITE 102 5= Address Phoenix AZ 85012 ( 602 ) 285-1396 City State Zip Daytime Contact Phone# .$ I certify the above named individual has successfully completed the training specified above In accordance with Arizona Revised Statue,Arizona .' Administrative Code,and the training course curriculum approved by the Department of Liquor Licenses and Control ram• `r ltu1al`.1 Name of Trainer(please print) tt�� r11 Trainer Si at re �� p e� Pursuant to A.R.S§4-112(G)(2),mandatory Title 4 liquor law training is required prior to the issuance of all new liquor license applications submitted after November 1,1997 The persons(s)required to attend both the BASIC and MANAGEMENT Title 4 liquor law training,on-or off-sale,will include all of the following Owner(s) Lkensee/agent or manager(s)actively Involved in daily business operation A valid(not expired)Certificate of Title 4 Training Completion must be submitted to the Department of Liquor Licenses and Control before a liquor license application is considered complete. Before acceptance of a manager's questionnaire and/or agent change for an existing liquor license,proof of attendance for the BASIC and MANAGEMENT Title 4 liquor law training(on-or off-sale)is required 8/2009 Disabled individuals requiring special accommodations,please call(602)542-9027 ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 ( 02)542-5141 (49-of LI • ,......„. WESTI9,NNAIRE 0 C'Cr- ` Attention all Local Governing Bodies: Social Security Intl,rTpatipn Is Confidential This Information may be given to local law enforcement agencies for the purpose cf-backgr d'' 14s q 1y►1uti ustbe blocked to be unreadable prior to posting '°�,"_ '`oritr pab$c~Mfe�ly. .`:::/ . a Read carefully. This instrument is`a swpj document;type or print with BLACK INK. An extensive Investigation of yout,tack oit►dwi 'conducted False or incomplete answers could result in criminal prosecution and the denial*,-subsequent revocation of a license or permit TO BE COMPLETED BY EACH CONTROLLING PERSON,AGENt'[3f MANAGER';E ACkf 'ERSON COMPLETING THIS FORM MUST SUBMIT AN `APPLICANT'TYPE FINGERPRINT CARD AVAILABLE AT THIS OE'1C ,FIt ;ERPRIf�TSON FBI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES.BONA FIDE FINGERPRINT SEBVIGES.14a1 i f DEP,W,MENTOF LIQUOR. THE DEPARTMENT CHARGES A$13 FEE. In addition to other fingerprint fees,a$22 DPS background check`fee.VHiiill be charged for each fingerprint card ` `1' Liquor Licens # The fees allowed by A.R.S.§44-6852 wilt be charcted_for all dishonored checks. (If the location Is currently licensed) 1 Check ntrolling Person ❑Agent ❑ Manager(Only) appropriate (((( (Complete Questions 1-19) (Complete All Questions except#14,14a&21) box —♦ Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2.Name. L(ye,r`J?e___c e m 1 C'_Yl e_t P Date of Birth. Last First Middle (NOT a Public Record) 3.Social Security Number Drivers License#: State. A 7 r-'' L•: (NOT a public reco (NOT a public record) 4.Place of Birth.cOk n tap c il acrino a 1,14 Height.'? r' Weight: I tS Eyes so if Hair()CQ t.i;' yT City tate Country (not County) r-� nti 5 Marital Status CI Single❑Married ivorced❑Widowed . 6 Name of Current or Most Recent Spouse L 1 tirf' CIQ So of-L. a Date of Birttl�� (List all for last 5 years-Use additional sheet if necessary) �L st First Middle Maiden (NOT a public record 7. You are a bona fide resident of what state? (AI' l2 11OA If Arizona,date of residency: Q'tC:1 _,l 8 Telephone number to contact you during business hours for any questions regarding this document 4 c)- 30 S _ 4 Q$1 9 If you have been an Arizona resident for less than three(__3)--months,submit a copy of your Arizona driver's license or voter registration carddL'n 10 Name of Licensed Premises L 1te.5 4j�k-vc_v eY1 Premises Phone.tI OQ - -tet b D, ' 3 f>LJ SS- 1 Physical Location of Licensed Premises Address: (535 O(d�C (LX c ile 3(PLC Oh ry? I i c:‘ Street Address (Do not use PO Box#) C County IV l 1 Zip 12.List your employment or tyoe of business during the past five 5)years If unemployed part of the time, list those dates. Ust most recent 1st FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS MonthYear Month/Year OR BUSINESS (street address,city,state&zip) CURRENT ,1CS Y t�cke_f� is 3 S b‘aSk- R tz 5 f ao6. mQmber r Y e r he <.t_kinc.v_inn IP+2 `d5119 -y / Cent4 fa k ) Y %-z Dr.r. A It�ec�-e- So 6 •Xdc�n o . lat 11 !a O I ' u 11� . A Q 0.cti z .�.R,,hc�:al� f�t PAa z k_ig _/(90(E 3/.4D(( ��0__f �� Glcu-k'her Elcc (rlc `735 C?:lbe any- �cr-a: (�� ATTACH ADD TIONAL SHEET IF NECESSARY FOR EITHER SECTION 13 Indicate your residence address for the last five(5)years' FROM TO Rent or RESIDENTIAL Street Address Month/Year Month/Year ) If rented,attach additional sheet with name,address and phone number of landlord City State Zip 01,11151 CURRENT pl 3\ , 0-ie'C IDYL try ` e.j _ Ln' Z L�i r\ a�]p,__k_foh, Piz__i5tts April 16,2012 Disabled individuals requiring special accommodations,please call the Department(602)542-9027 q.2C.54c)i - v L\'125-nii0Lip er--x-a-) C- --LA c"c)c“--\ c ' na -3 J/ Cse r dA/;yro i7oca X.L., du G 7L/0,1I. 1.1 \ L\Es:X-3 r r._ i r�- rti r_11 if you checked the Manager box on the front of this form skip to#16 14 As a Controlling Person or Agent,will you be ph sically present and operating the licensed premises? NO If you answered YES,how many hrs/day? and answer#F14a below. If NO,skip to#15. \ 14a Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) Cag, NO If the answer to*14a is"NO",course must be completed before issuance of a new license or approval on an existing license. 15. Have you been cited.arrested.indicted or summoned into court for violation of ANY law or ordinance, YE NO regardless of the disposition, even if dismissed or expunged,within the past ten (10)years? In addition, please include all traffic tickets and complaints within the last ten(10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related 16 Are there ANY administrative law citations,compliance actions or consents,criminal arrest, indictments YES NO or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal traffic tickets and complaints 17. Have you or any entity in which you have held ownership, been an officer, member, director or manager YES EVER had a business, professional or liquor application or license rejected.denied. revoked,suspended or fined in this or any other state? 18. Has anyone EVER filed suit or obtained a judgment against you, the subject of which involved fraud or YES NO misrepresentation? 19 Are you NOW or have you EVER held ownership, been a controlling person, been an officer,member, YES 0 director or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is"YES'YOU MUST attach a signed statement. �'^1 Give complete details including dates, agencies involved,and dispositions C SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED ro - 20. I, \ �1 hereby deGare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) filing this questionnaire I have read this questionnaire and all statements are true,correct and complete Pi X _ _ State of 61( 7VC to County of P(r4 1 r^ (Signature of Applicant) The foregoing instrument was acknowledged before me this 10 day of \A' inth , /OG Year My commission expires on 110 — 01- - { 3 �! _ Day Month Year %�.r. . 1 . .,.;,•1!,-fir..-;a, •! ',.� �Count�/ Ylay Comn on Expires \ �w 1\`, COMPLETE THIS SECTION ONLY IF YOU ARE A CON - - . 4 a. APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named must be at least 21 years of age. State of County of The foregoing nstrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year (Signature of NOTARY PUBUC) Print Name My commission expires on Day Month Year i . v-- ._ c-1 1 k.3\ . ---____Q." y...\ a' s- CU . 1 64 ff � t r etai;.... .0V ..... 0 se rt---(j .r.. .' tok4 , 0 0 ef 4- 4242'3tl �.+tit, 2T iii •: 411 , Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor Phoenix, Arizona 85007 www.azliquor gov 602-542-5141 CERTIFICATE OF TITLE 4 TRAINING COMPLETION Do Not Duplicate This Form Certificates must be completed by a state-approved training course provider,in black ink,on an original form. Michele Liversedge FuA Na a(pleaseyrint) Signature(/J/` 06/13/2013 22:58 CST Type ofCompleted(check Yes or No) Training Completion Date ypTraining p ❑Yes ❑ No BASIC vYzs ❑ No ON SALE 06/13/2018 22:58 CST 0 Yes ❑ No MANAGEMENT Li Yes ❑ No OFF SALE Certificate Expiration Date ❑Yes ❑ No BOTH ❑ Yes ❑ No OTHER sMANAGEMENT-5 years from completion date) (BASIC-3 years from completion date) If_Trainee I mployed By A Licensee Michele Liversedge Name of Licensee Business Name Liquor License it Alcohol Training Program Provider Information 360training com. Inc Company or Individual Name(please print) 13801 Burnet Rd. . Suite 100 r-- Address Austin TX 78727 ( 888 ) 360 8764 r- City State Zip Daytime Contact Phone 4 1-i I certify the above named individual has successfully completed the training specified above in accordance with Arizona Revised Statue Arizona r Administrative Code,and the training course curriculum approved by the Depaitrniait of Liquor Licenses and Control: rai Clyde Seepersad Name of Trainer(please print) �. _ s• 06/13/2013 22:58 CST Trainer Signature Date Pursuant to A.RS.§4-112(G)(2),mandatory Title 4 liquor taw training Is required prior to the Issuance of all new liquor license applications submitted after November 1.1997 The personals)required to attend both the BASIC and MANAGEMENT Tide 4 liquor law training,on-or off-sale,will include al of the following: Ownerts) Licensee/agent or managers)actively Involved in daily business operation A valid(not expired)Certificate of Title 4 Training Completion must be submitted to the Department of Liquor Licenses and Control before a liquor license application is considered complete Before acceptance of a manager's questionnaire and/or agent change for an existing liquor license,proof of attendance forthe BASIC and MANAGEMENT Title 4 liquor taw training(on-or off-sale)is required. 8i2009 Disabled individuals requiring special accommodations,please call(6021 542-9027 rat, • ellit1:11111: Home of the Superstition Mountains NOTICE The attached application for an Interim Permit, New License, Limited Liability Co., Restaurant Liquor License submitted for Skies Kitchen located at 1535 Old West Highway, Apache Junction, Arizona, was posted on the 24th day of July, 2013, at 10:00 a.m. Any person who is bona fide resident of the age of nineteen (19) years or more, residing, owning, or leasing property within one-half (1/2) mile radius from the proposed premises to be licensed may file written arguments in favor thereof, or objections thereto with the City Clerk at City Hall within twenty (20) days after the date of posting Arguments for, not objections against, shall be filed thereafter. A public hearing will be held Tuesday, August 20, 2013, at the City Council Chambers, 300 E Superstition Blvd , Apache Junction, AZ at 7:00 p.m., at which time any objections filed will be heard 7i-&-le.c.,,L.4---x-z,--ei- Kathleen Connelly City Clerk DO NOT REMOVE THIS NOTICE AND/OR ATTACHMENTS. REMOVAL OF THIS APPLICATION MAY JEOPARDIZE CITY COUNCIL RECOMMENDATION. •Voice(480)982-8002 • FAX(480)982-7018 •TDD(480)983-0095 • www.ajcity net 300 E Superstition Boulevard, Apache Junction,AZ 85119 7tT•I� 100k7 rity/60)44/tadtevii/~149117 Home of the Superstition Mountains July 24, 2013 Stephanie Lynn Smith Skies Kitchen 1535 Old West Highway Apache Junction, AZ 85119 Dear Ms Smith. Please be advised that the application for an Interim Permit, New License, Limited Liability Co., Series 12 Liquor License submitted for Skies Kitchen, located at 1535 S Idaho Road, Apache Junction, Arizona, was posted on July 24, 2013, in accordance with State law The Apache Junction City Council will hold a public hearing on August 20, 2013, at 7 00 p.m. in the City Council Chambers, 300 E Superstition Blvd , Apache Junction, at which time the City Council will consider a recommendation for approval or disapproval which will be forwarded to the Arizona Department of Liquor Licenses and Control. Please note that the City Council frequently has questions for the applicant. It is strongly recommended that you attend this meeting in order to avoid any delays in the processing of your application. There is a $50 non-refundable application fee that is due and must be received prior to Wednesday, August 7, 2013, in order for this application to be placed on the City Council agenda. If you have any questions concerning this matter, please contact my office at 474-5068. Sincerely, Kathleen Connelly City Clerk •Voice(480)982-8002 • FAX(480)982-7018 •TDD(480)983-0095 •www.ajcity.net 300 E Superstition Boulevard, Apache Junction,AZ 85119 JULY 23, 2013 MEMORANDUM TO. DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERKjw-- SUBJECT. APPLICATION FOR LIQUOR LICENSE FOR SKIES KITCHEN Ms. Stephanie Lynn Smith has submitted an application for an Interim Permit, New License, Limited Liability Co , Series 12 Liquor License for Skies Kitchen located at 1535 Old West Highway, Apache Junction Please conduct the necessary inspections and submit your recommendation by email no later than Wednesday, August 7, 2013, in order for this item to be on the agenda for the City Council meeting of August 20, 2013. From: Rudy Esquivias Sent: Wednesday, August 07, 2013 10.58 AM To: Janet Mason; Jeff Robinson Cc: Brad Steinke, Kathy Connelly Subject: FW. Liquor License for Skies Kitchen Jan: Upon further research we have discovered that the previous restaurant on the site,"The Sundancer", had a full blown bar there for as long as anyone can remember To the best of our knowledge, the continuous use of the property for a restaurant with a bar has never been discontinued Therefore,the Planning Division considers the bar portion of the restaurant a grandfathered use and the extra notification zoning requirements are unnecessary Sorry for the hiccup - Rudy - From: Rudy Esquivias Sent: Tuesday, August 06, 2013 6:27 PM To: Janet Mason, Jeff Robinson Cc: Brad Steinke Subject: RE: Liquor License for Skies Kitchen Jan The subject property is zoned CB-1 (Local Business) Zone According to the CB-1 zone, café's and lunch rooms (I would interpret restaurants in general) are permitted to have beer and wine only, as an outright permitted use CB-1 also allows, "liquor store for packaged sales only" And finally, Subsection F also states• "Restaurant or tea room, including a cocktail lounge or bar in connection therewith, upon the condition that no outside door opens into the cocktail lounge or bar, and provided further that the applicant for a permit shall provide the Zoning Administrator with the written consent of 75% of the owners by number and area of the property within 300 feet of the site for which the permit is sought " It appears that the Skies Kitchen wants to have a full blown bar In order to allow such a use,the ordinance first requires that the proprietors circulate a petition to all property owners within 300 feet of the site, and gain the written consent of at least 75%of those surrounding property owners If they achieve said consent,then it would be appropriate for the Council to consider their request If they fail to get said consent,then they are limited to beer and wine only under the — present zoning Azeiscrvzivia..6 Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@aJcity net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours- Monday through Thursday from 7.00am to 6.00pm, closed Fridays and Holidays. ) From: Janet Mason Sent: Wednesday, July 24, 2013 12.51 PM To: Jeff Robinson; Rudy Esquivias Subject: Liquor License for Skies Kitchen Please have your department recommendation to me no later than Wednesday,August 7 Thanks! Janet Mason From: Glen Durkin Sent: Sunday, July 28, 2013 12.16 PM To: Janet Mason Cc: Jeff Robinson, Glen Durkin On 07 26 2013 I went to the SKIES 1535 E Oid West Hwy, regarding a liquor license. This location is an existing business, within the city limits of Apache Junction. The liquor license application was posted on the front window of the business I spoke to Rick Nugent who introduced himself as an owner(Richard Allen Nugent) and is listed on the application. Rick told me that they were buying the license on this location The operations would stay the same I inquired about staff and employee license and liquor classes. I was informed all employees have completed the training. Due to this being an exsisting business, there were no challenges with parking, or the facility. I did not find any challenges with this application. Sgt Glen Durkin Apache Junction Police Department Apache Junction, AZ 85219 e District Ace, v.��� in Arizona �d�t e1 UNe �= o,r misaiuq Pv egligiallha Z. Apache Junction Fire District `r .V llir 565 North Idaho Road, Apache Junction,480) 9 AZ 85219 �'�Fcisz�`o Phone (480) 982-4440. Fax (480) 982-0183 , `O 414rnae►oi,. PS MEMORANDUM TO Jan Mason,Deputy City Clerk City of Apache Junction 300 E. Superstition Blvd Apache Jct,AZ 85219 FROM John Sumga,Deputy Fire Marshal _. C'-> DATE August 5,2013 SUBJECT. Application for Liquor License for 1535 Old West Highway,Apache Jct.,AZ The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 1535 Old West Highway,(Skies Kitchen). We have recently completed an annual fire and life safety mspection with no major violations found We therefore would recommend approval of this application. Thank you for your notification on this matter. If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440 Thank You JOS ATTN Application ROLL CALL VOTE NOTES 4,),3)) ; / \of 6),, qii) ITEM # MEETING •F MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER RIZZI Q turiciUAEEMBER EVANS COUNCILMEMBER WILSON ✓ COUNCILMEMBER WALDRON V VICE MAYOR BARKER J MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL �� ITEM NO. 8 I MOVE THAT THE APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 12 LIQUOR LICENSE FOR SKIES KITCHEN, SUBMITTED BY STEPHANIE LYNN SMITH, BE RECOMMENDED FOR (APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. City of Apache Junction, Arizona 300 E Superstition L6F, 6s Boulevard ilt. c.. Agenda Item Cover Sheet Apache Junction,AZ 85119 / Agenda Item No 9 File ID: 13-207 Sponsor: Matt Busby Agenda Date:8/20/2013 Index- In Control-City Council Meeting Presentation and discussion on the Fiscal Year 2013-2014 Legislative Work Plan Presentation and discussion. At the beginning of each fiscal year the city council adopts a legislative work plan The legislative work plan identifies priority and focus items that may require legislative action by the council Staff will present details of the draft Fiscal Year 2013-2014 Legislative Work Plan and listen to discussion about possible items that the council may like to see added to the draft Attachments. DRAFT Legislative Work Plan FY 13-14 City of Apache Junction,Arizona Page 1 Printed on 8/12/2013 City Council Legislative Work Plan Fiscal Year 2013-2014 DEVELOPMENT OF COMMUNITY 1 Comprehensive Zoning Code Update This major/comprehensive update to the City's 1985 vintage Zoning Code will be a major in-house project for the department The updated Zoning Code will include, among other things, unique land- use provisions for certain character districts,such as the proposed Rural Western Lifestyle District. The project is nearing completion with the Planning and Zoning Commission. This item was carried forward from the FY 12/13 legislative work plan 2 Comprehensive Development Fee Update The State Legislature has changed the law for development fees The city will need to hire professional consultants to prepare the development fee study, infrastructure improvement plan and fee study in accordance with those changes This item was carried forward from the FY 12/13 legislative work plan 3 Lost Dutchman Heights Concept Plan There is a possibility that the Arizona State Land Department (ASLD) may wish to proceed ahead with the City's Planning processes within the next year.Staff will begin reformulation of the previous land plan draft for future Council review and possible approval as a concept plan prior to ASLD auction This item was carried forward from the FY 12/13 legislative work plan. 4 Landfill Closure Ordinance Amendment City ordinance requires the owner of the landfill to work with the City on a closure plan Amendments to the ordinance are needed to clarify and define the City's interests regarding the landfill post-closure This item was carried forward from the FY 12/13 legislative work plan 5 Odor Easement Ordinance In order to save significant dollars in a land purchase for an odor easement required by ADEQ, the .•. Superstition Mountain Community Facilities District (SMCFD) is proposing that the city adopt an ordinance regarding reducing the size of a required odor easement to satisfy ADEQ requirements. This is assist in preparing for the eventual development of state trust land near and around the SMCFD property This item was carried forward from the FY 12/13 legislative work plan 6 Superstition Vistas The Superstition Vistas project area covers 275 square miles of undeveloped Arizona state trust land on the eastern edge of Phoenix. City Council is interested in actively tracking the progress of the long term project and providing input to stakeholders at the state, county, and others This is an annual work plan item COMMUNITY INFRASTRUCTURE 7. Storm Water Master Plan Consideration and possible direction to staff regarding an update of the 2000 Storm Water Master Plan 8 School District Intergovernmental Agreement(IGA). The school district has indicated interest in modifying the existing IGA relating to facility use and maintenance This project would involve significant staff work by the district and city The city council and school board would ultimately approve modifications to the IGA This item was carried forward from the FY 12/13 legislative work plan 9 Park Improvements Consideration of planned park improvements to include ADA compliant walkway enhancements (sidewalks) and the conversion of tennis courts to multi-use courts to provide pickle ball opportunities 10 Procurement of Event Equipment Consideration of procurement of event equipment (e g, mobile stage, vehicular and pedestrian barriers, tents and related items) to better equip community events and activities sponsored by the city. 11. Street and Transportation Strategic Plan Develop a strategic five to ten year plan for the city's transportation network This item was carried forward from the FY 12/13 legislative work plan. 12 Engineering Standards and Public Works Fees Consideration of updates to the existing engineering guidelines and public works fees This item was carried forward from the FY 12/13 legislative work plan 13 Alternative Street Funding Collections to the Highway Users Revenue Fund continue to decline and maintenance needs for city streets continue to increase Council and staff will seek out new ways to preserve vital city infrastructure. Findings will be incorporated into the "Street and Transportation Strategic Plan" described in item 10 above. This item was carried forward from the FY 12/13 legislative work plan. 14 Annual Street Maintenance Plan Consider the planned street maintenance and construction projects for the FY 13/14. This is an annual work plan item. 15 Preventive Maintenance Street Projects Consider an award of contract for slurry seal projects as per FY 13/14 Annual Street Maintenance Plan. This is an annual work plan item 2 16. Procurement of Fleet/HURF Vehicles Consider an award for the procurement of city fleet vehicles and equipment. This is an annual work plan item 17. Annual Building Maintenance Projects Consideration of contracts for various budgeted building maintenance projects This is an annual work plan item 18 Dog Park A location and plan for a dog park has already been accepted by City Council but no funding source has been identified Direct staff to research and identify alternative funding sources to build this park This item was carried forward from the FY 12/13 legislative work plan PUBLIC SAFETY 19. Emergency Operations Planning and Practice Review, practice, and improve the City's planning and preparedness for community emergencies. This is an annual work plan item This is an annual work plan item 20 Pawn Shop Ordinance Change Staff is recommending and ordinance change to require pawn shops to utilize an online process to require that all transactions be available by computer to assist the Police Department in their investigations.This item was carried forward from the FY 12/13 legislative work plan THE CITY:INTERNAL ISSUES 21 City Code Changes—Elections Amendments to Apache Junction City Code as may be required to bring city code into compliance with mandatory consolidated elections. I..ft, 22 City Code Changes—Tax Simplification Amendments to the Apache Junction City Code as ma be required to bring city code into compliance with state tax simplification legislation 23 Tax Code Changes—Tax Simplification Amendments to Apache Junction Tax Code as may be required to bring tax code into compliance with state tax simplification legislation 24 Update Planning and Zoning Administrative Fees Staff will be researching and recommending an update to the administrative fees for planning and zoning applications. 3 25 Corporate Sponsorship Program Staff will seek direction from the Council regarding administration and implementation of the corporate sponsorship program. 26 Cable License Agreement Consideration of a license agreement for cable services provided by Century Link 27 Salary, Benefits, and Pay Practices Study Consideration of an award of contract to a third party for services related classification and compensation study. The City Council approved funding in the FY 13/14 budget for this purpose. 28 Personnel Rules Revision City staff will research and bring forward for council's consideration needed revisions to certain practices in the Personnel Rules (e g overtime calculation) 29. Use Tax Research and possible consideration of amending the city tax code regarding a city use tax.This item was carried forward from the FY 12/13 legislative work plan 30 Investment Debt Management Policy The city's financial advisor has counseled that the city adopt an Investment and Debt Management Policy Doing such will assist city staff in the management of their fiduciary duties This item was carried forward from the FY 12/13 legislative work plan. 31. Non-sufficient Funds City Code Amendment To establish uniformity among departments regarding penalties associated with bounced checks of customers,staff is proposing that an amendment to the city code regarding this issue be reviewed and adopted by the city council This item was carried forward from the FY 12/13 legislative work plan. 32 Best Value Procurement Members of the City Council expressed interest in researching and possible consideration of amending the city purchasing code to allow for awarding bids according to"best value" instead of strictly lowest bid This item was carried forward from the FY 12/13 legislative work plan 33 Water District Incorporation Some members of the city council expressed interest in researching,discussing, and possible consideration of making the Water District a city owned utility This item was carried forward from the FY 12/13 legislative work plan. 4 34 Sewer District Oversight Some members of the city council expressed interest in researching, discussing, and possible consideration of increasing oversight of the Superstition Mountain Community Facilities District This item was carried forward from the FY 12/13 legislative work plan 35. Purchasing Code Consider possible amendment to the purchasing code to raise the dollar limit on expenditures that require City Council approval This item was carried forward from the FY 12/13 legislative work plan. 36 Annual Budget Council will consider the FY 13/14 annual budget This is an annual work plan item. 37. League Resolutions Each year the city council has the opportunity to submit or cosponsor resolutions to the League of Arizona Cities and Towns Resolutions Committee.This is an annual work plan item ECONOMIC DEVELOPMENT 38. Downtown Events Research and discuss opportunities to facilitate bringing additional events into the downtown This item was carried forward from the FY 12/13 legislative work plan. 39 Downtown Policies Numerous polices need to be addressed by the city council according to the Downtown Redevelopment and Implementation Strategy adopted on September 21, 2010, including 1 Downtown Events—Consider changes that will encourage more events by simplifying process and/or requirements 2 Business Improvement District—Funding option to continue investments into downtown 3. Funding tourism—Dedicating a portion of the City's Transient Lodging Tax for tourism .�. 4 Public Art—Process and funding 5. Redevelopment Area—Creating the ATRA and rescinding the MRA 6 City Toolkit—Update to be reflective of what is actually available 7. Infill Incentive District—Update to be reflective of actual incentives 40. Apache Junction Visitor Center Contract Renewal Annually the city council reviews and considers the continuation of the visitor center services conducted by the Apache Junction Chamber of Commerce. This is an annual work plan item 41. Greater Phoenix Economic Council(GPEC)Contract Renewal Annually the city council reviews and considers the city's participation in the GPEC, consider the return on investment and hear of GPEC's plans for the coming year, prior to making a decision on contract renewal This is an annual work plan item 5 ITEM NO. 9 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME T~1_ City of Apache Junction, Arizona 300 E Superstition /(Irrilt. YY Boulevard ny:1 Apache Junction,AZ 85119 Agenda Item Cover Sheet t1 Agenda Item No 10. 11L File ID: 13-232 Sponsor.George Hoffman Agenda Date•8/20/2013 Index In Control City Council Meeting Discussion on possible city council and staff strategic planning session Discussion only. City Council and city staff last had a strategic planning session on May 12, 2012 City council l will discuss strategic planning and possible alternative meeting formats, dates, and topics for the fiscal year 2013-2014 session. Attachments City of Apache Junction,Arizona Page 1 Printed on 8/12/2013 ITEM NO. 10 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME AWOL gip, 4v City of Apache Junction, Arizona 300 E Superstition Boulevard O Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11 File ID: 13-236 Sponsor Kathy Connelly Agenda Date. 8/20/2013 Index. Communication Outreach In Control. City Council Meeting Discussion on Ride Choice agreement for Fiscal Year (FY)2013-2014 This item give the city council the opportunity to discuss the agreement for this fiscal year Staff recommendation is to keep the funding at the same level as in FY 2012-2013 Discussion only. Attachments 2013 ride choice ws and ca, 2013 ride choice program proposal, FY 2012-2013 ride choice agreem City of Apache Junction,Arizona Page 1 Printed on 8/12/2013 AUGUST 8, 2013 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH. GEORGE R. HOFFMAN, CITY MANAGER FROM KATHLEEN CONNELLY, CITY CLERK SUBJECT AGENDA ITEM FOR AUGUST 19, 2013 WORK SESSION AND SEPTEMBER 3, 2013 REGULAR MEETING — RIDE CHOICE AGREEMENT Since 2003, the city has provided transportation funding through East Valley Adult Resources for elderly city residents 60 years of age and older and disabled adult city residents (18 years of age and older) The program, initially known as Enabling Transportation, started operation in January 2004 with a funding level of $11,500. For fiscal years 2004, 2005 and 2006, funding was in the amount of$30,000, $33,960 in FY 2007 and $33,040 for FY 2008 Even though other service providers experienced a 20% reduction in FY 08-09, this program escaped that cutback by one meeting For FY 09-10, FY 10-11, FY 11-12 and FY 12-13, the program did receive the 20% reduction and was funded in the amount of$26,432.00. The recommendation for FY 13-14 is to continue to .... provide funding in the amount of$26,432 The funding will provide mileage reimbursement for 30,000 miles at 440 per mile up to a maximum of 200 miles per month per person The additional amount will cover staff support to monitor the program, marketing and brochures and normal office costs. This agreement will be placed on your consent agenda for the September 3 meeting Please contact me if you have any questions. Attachments Ride Choice Program proposal Ride Choice Agreement for FY 2012-2013 A;Idi EAST VALLEY 1110/1 ADULT RESOURCES Choice Opportunities to Conned,Contribute and Cara far Each Other Apache Junction RIDE Choice City of Apache Junction FY 2012-2013 INTRODUCTION Apache Junction Ride Choice service began in January 2004 as an alternative transportation service(mileage reimbursement) The City of Apache Junction has continued to support this service by approving$30,000 for first two fiscal years and approving$33,960 for FY 2007/2008 and$33,040.00 for FY 2008/09. Due to City of Apache Junction funding restrictions a 20%reduction for FY 2009/10 made the allocation$26,432. A level allocation has been maintained over the last three years of$26,432. The FY 2013/14 request remains level at$26,432. Ride Choice Benefits to permanent Apache Junction Residents 1. The mileage reimbursement incentive will be utilized to encourage volunteer drivers to provide transportation for persons who have difficulty utilizing existing transportation systems. The utilization of this reimbursement incentive is for the elderly(60 years and over)and disabled adults(18 years and over)of the community. The incentive will provide reimbursement to the enrollee at a rate of$.44 per mile. Participants' reimbursement shall be limited to a monthly maximum amount of 200 miles.The trip purpose for clients is not restricted, but primary destinations are:Apache Junction Active Adult Center,medical appointments,grocery shopping, personal errands,banking, religious activities and volunteer work. 2. East Valley Adult Resources will be responsible for participant certification reimbursement distribution. East Valley Adult Resources staff will meet with social service providers who work with disabled adults and provide presentations to groups representing the disabled community to explain the service and how it is accessed. Information materials in the appropriate format will be developed in order to promote the service to disabled individuals 3. Staff support services will include, but not be limited to: participant certification,travel verification, reimbursement request authorization and payment distribution. East Valley Adult Resources will be responsible for all accounting and related record keeping 4. Marketing efforts shall include the development of promotional items, displays and marketing campaigns to current clients and potential clients to promote program usage. FY 2013-14 Ride Choice Budget Projections Item Expenses Justification Reimbursement $13,200.00 .44 per mile@30,000 miles Staff support $12,480.00 $20.00 per hour@624 hours Printing, postage,telephone $600 00 $50 per month Marketing $152.00 Brochures,flyers posters,etc Total $26,432.00 #-e=-8/71e-TY PROFESSIONAL SERVICES AGREEMENT WITH EAST VALLEY ADULT RESOURCES, INC. FOR MILEAGE REIMBURSEMENT INCENTIVE PROGRAM ("RIDE CHOICE") THIS AGREEMENT is made and entered into this 7l/1 day of 2012, by and between the CITY OF APACHE JUNCTION, ARIZON , an Arizona municipal corporation ("City") and EAST VALLEY ADULT RESOURCES, INC., a -- 501(c)(3) non-profit corporation ("Contractor") for the project entitled "Mileage Reimbursement Incentive Program" (also known as "Ride Choice"). WHEREAS, in previous Town Hall meetings with citizens, transportation was identified as an important issue within the City of Apache Junction; and WHEREAS, the City has historically assisted the elderly and disabled in their transportation needs as a public service; and WHEREAS, Arizona Revised Statutes Annotated ("A.R.S.") § 9-500.11(A) allows the City to appropriate and spend public monies for and in connection with economic development activities; and WHEREAS, A.R.S. § 9-500.11(c) defines "economic development activities" to include any project assistance, undertaking, program or study that the City Council finds and determines to improve and enhance the economic welfare of the inhabitants of the City; and WHEREAS, the City finds that assisting the elderly and disabled in their transportation needs is an important and valuable service which enhances the economic welfare of inhabitants in the City;and WHEREAS, an objective of the 1999 General Plan Circulation Element is to provide alternative transportation opportunities by providing low cost transportation for the elderly; and WHEREAS, Contractor's Ride Choice program is a mileage reimbursement program that was initiated in the City of Mesa in 1999; and WHEREAS, in 2003, the Apache Junction Mayor and City Council approved Eleven Thousand Five Hundred Dollars ($11,500.00) for the planning and initial implementation of the Enabling Transportation ("ET") Program for Fiscal Year 2003-2004; and WHEREAS, service began in January 2004 in the City of Apache Junction for the elderly; and 1 WHEREAS, in August 2004, September 2005, and September 2006 the Apache Junction Mayor and City Council approved $30,000 for the continuation of the ET Program, now renamed as the "Ride Choice" Program. In 2007, the Mayor and City Council budgeted $33,960; in 2008 budgeted $33,040; and in 2009, 2010 and 2011 budgeted $26,432 respectively for the Ride Choice Program. NOW, THEREFORE, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide the services required according to the terms and conditions and for the consideration set forth below: 1. CONTRACTOR'S DUTIES: Contractor agrees to perform the following professional services in connection with the Project: A. In General: Contractor will facilitate the Ride Choice to encourage drivers to provide transportation for persons who have difficulty utilizing existing transportation systems. The utilization of this reimbursement incentive is for the senior (sixty (60) years old and over) and disabled adults (18 years of age and older), all of whom shall be residents of the City of Apache Junction. Trip purposes are restricted to the following primary destinations except for political activities excluding voting: Apache Junction Active Adult Center and Multigenerational Centers; medical appointments; grocery shopping; personal errands; banking; and volunteer work. The incentive will provide reimbursement to enrollees (drivers) at a rate of forty- four cents ($0.44) per mile. Participants' reimbursement shall be limited to a monthly maximum of two hundred (200) miles. B. Certification/Marketing: Contractor will be responsible for participant certification and reimbursement distribution. Contractor staff will meet with social service providers who work with disabled adults and provide presentations to groups representing the disabled community to explain the service and how it is accessed. Information materials in the appropriate format will be developed in order to promote the service to disabled individuals. Marketing efforts shall include the development of promotional items, displays and marketing campaigns to current clients and potential clients to promote program usage. 2 C. Staff Support: Staff support shall include but not be limited to: participant certification, travel verification, reimbursement request authorization, coupon dispersal and payment distribution. Contractor will be responsible for all accounting and related record keeping. 2. COMPENSATION: The Contractor shall be reimbursed for its reasonable costs in performing the services in an amount not exceed Twenty-Six Thousand Four Hundred Thirty-Two Dollars ($26,432) for the period of July 1, 2012 through June 30, 2013 as broken down more specifically in Section 4 below. To receive payment, Contractor shall present to the City accurate and properly itemized invoices. Such invoices shall be presented quarterly. All payments made to the Contractor under this Agreement are conditioned upon the City receiving the funds projected to be available for expenditure hereunder. The City shall not be liable for any purchases or contracts entered into by the Contractor in anticipation of receiving payments under this Agreement. 3. TERM: This Agreement shall be effective beginning July 1, 2012 through June 30, 2013, and shall be subject to annual renewals as negotiated by the parties. 4. CONTRACTOR'S BILLING: Contractor shall bill City with quarterly invoices within the budgeted amounts set forth below. City shall pay such billings within thirty (30) calendar days upon being presented acceptable invoices. Budget Request FY 2012-2013 Item Maximum Reimbursement Amount �. 1) Reimbursement $13,200.00 2)Staff support $12,480.00 3) Printing, postage, telephone. $ 600.00 Average $25.00 per month 4) Marketing and Brochures, etc. $ 152.00 Total $26,432.00 5. CONTRACTOR'S STANDARD OF PERFORMANCE: While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best Judgment while exercising its professional skill and expertise. 3 Consultant shall be responsible for all errors and omissions Contractor commits in the performance of this Agreement. 6. NOTICES: All notices to the other party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following personnel: If to City: City Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 If to Contractor: Daniel H. Taylor Executive Director 45 W. University Drive Suite A Mesa, AZ 85201-5831 7. TERMINATION: This Agreement may be terminated by either party upon fifteen (15) calendar days written notice. If this Agreement is terminated, Contractor shall be paid for all uncontested services performed to the date of receipt of such termination notice. 8. SUBCONTRACTORS: The duties under this agreement cannot be subcontracted in any form. 9. RECORDS AND EXPENSES: Records of Contractor's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. Contractor shall maintain financial records which enable the City to determine whether funds provided under this Agreement are being expended according to the budget supporting City funds as set forth in Section 4 of this Agreement. The City may also request Contractor to provide an accounting of expenses to be supplied to City within thirty (30) calendar days after the City makes such request. Should the City determine that Contractor has violated the budget limitations, the City may at its sole discretion terminate this Agreement pursuant to Section 7 above. 10. INSURANCE: The Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. 4 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement Is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. The Contractor's insurance shall be primary insurance as respects,the City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. The Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily Injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements thereof. 5 Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of the Contractor's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues the Contractor's Commercial General Liability insurance. Automobile Liability Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of Contractor's work. Coverage will be at least as bread as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, MCS 90 endorsement shall be included and $5,000,000 per accident limits for bodily injury and property damage shall apply. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply 6 with such provisions before commencing the performance of the work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insureds), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and are maintained so during the term of this Agreement. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of the Contractor's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire or is cancelled during the life of the Agreement, a renewal certificate must be sent to City thirty (30) days prior to the expiration or cancellation date. All Certificates of Insurance must include this thirty (30) day notice provision in its cancellation clause. Failure to provide the thirty (30) day notice will constitute a material breach of contract. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to the City Attorney) evidencing the coverage required by this section shall be filed with the City at the time of execution of this Agreement and shall include the City , its Mayor, City Council, appointees and employees as an additional insured parties. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by Or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of Apache Junction and its officers and employees are added as additional insureds under this policy." 11. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular consultant. 7 12. EXCUSABLE DELAYS: City and Contractor shall exert all efforts to perform their respective responsibilities under this Agreement. However, neither party shall hold the other party responsible for inability to render timely performance if such Inability is a direct result of a force beyond its control, including but not limited to the following: strikes, lockouts, embargoes, failure of carriers, inability to obtain transportation facilities, acts of God or the public enemy, or other events beyond the control of the other or the other's employees and agents. 13. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless the City, its Mayor, City Council, agents, officers, officials and employees from and against all tortious claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor's subconsultants in the performance of this Agreement. Contractor's duty to defend, hold harmless and indemnify City, its agents, officers, officials and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Consultant's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of the Contractor, any tier of Contractor's subconsultant or any other person for whose acts, errors, mistakes, omissions, work or services the Consultant may be legally liable. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph and such indemnification shall service the expiration or other termination of this Agreement. 14. WAIVER OF TERMS AND CONDITIONS: The failure of City or Contractor to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 15. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor's performance of the services retain Contractor's status as independent contractor. Contractor's employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of them or Consultant. 8 16. GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and Interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county and right to jury trial. In the event either party shall bring suit to enforce any term of this Agreement or to recover any -- damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 17. OWNERSHIP OF RECORDS AND REPORTS: All of the files, reports, documents, information as well as all data prepared or assembled in any other form by Contractor under this Agreement, shall be and shall remain the property of City and shall be forwarded to City at any time City requires such papers and files. 18. LICENSE: Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement Any activity by subconsultants within the corporate city limits, will invoke the same business tax regulations on any subconsultants, and Contractor ensures Its subconsultants will obtain any required business tax license. 19. NONASSIGNMENT: This Agreement has been entered into based upon the personal reputation, expertise and qualifications of Contractor. Neither party to this Agreement shall assign its interest in the Agreement, either in whole or in part. Contractor shall not assign any monies due or to become due to it hereunder without the prior written consent of City. 20. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent Inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 9 _ I 21. SEVERABILITY: City and Consultant each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, Including any constitutional provision, law, regulation, City Code or City Charter), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 22. CONFLICTS OF INTEREST: The provisions of A.R.S. § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 23. POLITICAL ACTIVITIES: As a community service-based organization, Consultant is a non-political organization. Employees are prohibited from engaging in any partisan political activity with respect to candidates for political office beyond the private expression of personal opinion, registering as a member of a political party, signing nomination petitions and voting in any special, primary or general election. No board member, officer or employee of Consultant shall solicit any cpntribution in cash or services from any Consultant employee to support any candidate for public office. No board member or officer shall use the name of Consultant, or use their affiliation with Consultant, to engage in any partisan political activity of any kind or to solicit any contribution in cash or services to support any candidate for public office. If a board member or officer should engage in said activities,they shall make it clear that they are doing so in their personal and private capacity, and are not associated with Consultant in any way, while engaging in said activity. The functions and activities of Consultant are non-political with respect to candidates for political office. Therefore, all board members, officers and employees will refrain from engaging in any partisan political activity, of whatsoever type or nature, while attending or participating in Consultant function or event. This includes the circulation or signing of nomination petitions or soliciting any contributions in cash or services from anyone to support any candidate for public office. 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. CONSULTANT: 1.1 By: ANIEL TAYLOR — Title: Executive Director CITY OF APACHE JUNCTION, an Arizona municipal corporation B .iQe- 494-04"-(' JOHN S. INSALACO Title: Mayor ATTEST: KATHLEEN CONNELLY / City Clerk APPROVED AS TO FORM: _ 8. 9. RICHARD J. STERN City Attorney • 11 EASTV11 OP ID:RM '4�� CERTIFICATE OF LIABILITY INSURANCE DAT11/15/11 WYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. tf SUBROGATION IS WANED, subfsct to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such sndorsernent(s). PRODUCER 480492-8755 �IrTACT The Arizona Group 3325 E.Basseinitd. 480-892-7625 IaiC Yo E„tl INC Nol, Gilbert,AZ$5234 AJIAIL ADDRESS: Douglas C.Carr,CIC INSURER(S)AFFORDING COVERAGE NAIL I _ INSURER A.The Cincinnati Companies 10877 INSUKEJ East Valley Adult Resources INSURER e: 45 W University Dr Ste A Mesa,AZ 85201 INSURER c' Iwsu.r D. INSURER E. INSURER F• COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLII EXP TYPE OF INSURANCE Aftdul SOU POLICYNIJMBB( Y POLICY er.11 f iOCDIY]YY1, LIMITS GENERAL LAMM EACH Oca/RRINCE s 1,000,000 A X COMMERCIAL GENERAL LIABILITY EPP0052641 12/01/11 12/01/12 DAMA6ETORENTED` PR[ S lEa ocnxrerael f 600,000 I CLAIMS-MADE C OccuR MED E P(Any aM Pam) $ 5,000 PERSONALS ADv INJURY f 1,000,00a GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER. PRODUCTS COMPAOP AGO s 2,000,000 POucY ,urTT,LOC Em Ben. $ 1,000,000 AUTOMOBILE LIABILITY ,ABSiNGLE LMR t 1,000,000 A X ANY AUTO EPP0052641 12/01/11 12/01/12 row/INJURY(Per Fervor) $ ALL OWNED —SCHEDULED BODILY INJURY(Per occident) f AUTOS AUTOS HIRED UT0.S -- NAON-OWNED•OWNED PROPERTY OS Per DAMAGE f UMBRELLA LIAB X OCCUR EACH OCCURRENCE f 2,000,000 A EXCESSUAS CLAIMS.MADE EPP0052541 12/01(11 12/01/12 AGGREGATE f 2,000,000 cep X I REremoN s 0 $ WORKERS COMPENSATION 1NC ST R Cm. AND EMPLOYERS'UAalu y Y!w TORY LSdRS ER. ANY PROPRIETORIPART►ER/EXECU NE ❑ N/ EL.EACH ACCIDENT f OFF CERME ISMBER CLUDED'i (Manyatory In NH) E.L.DISEASE EA EMPLOYEE S OESI RPTION Of C ERATIONE irsiow EL.DISEASE-POLICY UNIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(Attach ACORD 1IH,AndIbonel Remarks ScMdule,P more vac*Is required) CERTIFICATE HOLDER CANCELLATION CITY-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NoTtCE City of Apache Junction ACCORDANCE WITH THE POUCY PROVISIONS. WILL 8E DELIVERED IRA Kathleen Connelly 300 E Superstition Blvd AUTHORQEDREPRESENTATIVE Apache Junction,AZ 85219 O 19111E-2010 ACORD CORPORATION. Ail rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AIM.AOMO p ITEM NO. 11 DISCUSSION ITEM ONLY-NO ACTION AT THIS TIME ROLL CALL VOTE NOTES -\\A\I) qA \(0\ ITEM # + MEETING OF MOTION BY SECONDED BY OAkiti YES NO ABSTAINED COUNCILMEMBER WALDRON --Ct3O CTMEM NS COUNCILMEMBER SERDY VICE MAYOR BARKER ✓ COUNCILMEMBER WILSON V COUNCILMEMBER RIZZI MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL (11\ " lit I soak ITEM NO. 12 THE WORK SESSION FOR SEPTEMBER 2, 2013 HAS BEEN CANCELED DUE TO THE OBSERVATION OF LABOR DAY. I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M., AND A WORK SESSION AT 7.00 P.M., BE HELD ON TUESDAY, SEPTEMBER 3, 2013, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M. ROLL CALL WS REG5 I/D SPEC CITY COUNCIL P / P / A P / A MAYOR INSALACO VICE MAYOR BARKER {, COUNCILMEMBER EVANS COUNCILMEMBER RIZZI COUNCILMEMBER SERDY 7, COUNCILMEMBER WALDRON �VJ COUNCILMEMBER WILSON TOTAL CITY STAFF: 141) City Manager George Hoffman Assistant City Manager Bryant Powell V/ City Clerk Kathleen Connelly ✓ City Attorney Joel Stern �1 Deputy Chief Tom Kelly Public Works Director Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs Director Brad Steinke Human Resources Director Liz Riley Assistant to the City Manager Matt Busby OTHERS: