Agenda Date: 11/14/2018
Subject:
Title
Application to grant a change of location permit for a retail liquor licensed premise for Littleton Discount Liquors, LLC, d/b/a Littleton Discount Liquors
Body
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Presented By: |
Colleen L. Norton, Deputy City Clerk |
ISSUE
Whether to support the applicant’s application to change location of their retail liquor store from 2737 W. Belleview Avenue to 2753 W. Belleview Avenue.
INTRODUCTION/HISTORY AND FACTS
The property at which the licensee is currently located is scheduled for some immediate owner/landlord improvements. Pursuant to Colorado Liquor Rules 47-312(B) “When a licensee is required by lease, lease renewal, condemnation, or reconstruction to move its licensed premises to a new address that is located within the same shopping center, campus, fairground, or similar retail center, the local or state licensing authority may, at its discretion, waive the neighborhood needs and desires assessment requirements should it determine that the new location remains within the same neighborhood as the old location.”
If approved, the licensee shall, within sixty (60) days of approval, change the location of its licensed premises to the place specified therein. Once at the new location, the licensee shall no longer conduct the manufacture or sale of alcohol beverages at the former location. A local licensing authority may, at its discretion, extend the time to change the location of the licensed premises, for good cause shown. However, no extension that is beyond twelve (12) months from the original date of approval shall be granted
LEGAL OPINION
Two tests must be met in order to fulfill the requirements of this liquor license change of location request; 1. That the proposed change will not conflict with the desires of the adult inhabitants of the neighborhood; and 2. That the reasonable requirements of the adult inhabitants of the neighborhood in the vicinity of the license with respect to the proposed new location are not now being met. The same consideration given to a change of location request for a retail liquor license is the same as approving or denying an application for a new license.
CONCLUSIONS AND RECOMMENDATIONS
The application is complete, notice of the hearing was posted on the premises on November 2, 2018, and in the Littleton Independent on October 18, 2018. The request is to change location within the same shopping center, as evidenced by the attached lease amendment dated May 17, 2018, and the same inhabitants currently served will continue to be served therefore staff recommends that conducting a new needs and desires assessment, i.e. petition process, is not necessary. Should the Authority deem a new needs and desires assessment appropriate, this issue would be continued to our next regular meeting.
PROPOSED MOTION:
Proposed Motion
I move to approve the application for a change of location permit for Littleton Discount Liquors LLC, d/b/a Little Discount Liquors from 2737 W. Belleview Avenue to 2753 W. Belleview Avenue contingent on approval from the Colorado Department of Revenue Liquor Enforcement Division.
OR
I move to continue this request for a change of location permit for Littleton Discount Liquors LLC, d/b/a Littleton Discount Liquors to the December 12, 2018, to allow for the applicant to conduct a new needs and desires assessment.