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Liquor License Petition Process Neighborhood Representative Information Brochure

Petition Process - Pending Liquor License Application

The city's role in the liquor license application process is advisory only. The City Council votes to "make a recommendation to the State Liquor Department, for approval or disapproval."

State Law requires that the city post a public notice of a pending liquor license application for a period of 20 days in a conspicuous place on the front of the building where the business is to be located. State Law also allows for any person who resides, owns or leases property within a one-mile radius of the premises to be licensed for liquor sales, and who is in favor of or opposed to the issuance of the license, to file a letter or petition with the Phoenix City Clerk containing reasons for their position within 20 days of the date of posting. Please mail your letter/petition to the City Clerk, Phoenix City Hall, 15th Floor, 200 W. Washington St., Phoenix, AZ 85003.

Council Meeting Attendance

In addition to your written arguments, you also should attend the City Council meeting when the application is scheduled to be considered. Your City Council District Office can advise you of the date and time. When you arrive at the City Council Chambers, be sure to notify the City Clerk staff stationed at the entrance that you wish to speak on a specific liquor item, then complete an interest card available at the rear of the Council Chambers. Once completed, please deliver the interest card to the City Clerk staff person located at the table at the front of the Council Chambers. At the appropriate time, you will be asked to come forward to speak to the City Council regarding your position about the item.

Whether written or verbal, your communication always should include your name and address, the applicant's name, business name and address, and a clear statement of whether you are in favor of or opposed to the issuance of the license and why.

Review Process

Listed below are the various city departmental reviews/processes:

• Public notice of pending liquor license application posted for 20 days
  
• Personal background investigation of applicants/owners completed
  
• Compliance with County Health Department requirements checked
  
• Compliance with Zoning Code checked
  
• Compliance with State Statute 4-207
  (e.g., City survey staff measures the distance to churches, schools, and fenced recreational areas for compliance with state law's 300-foot distance requirements.)

State Liquor Board Hearing

A hearing will automatically be held on a liquor license application before the State Liquor Board if the city makes a recommendation for disapproval or makes no recommendation at all. However, you as a private citizen will not be guaranteed an opportunity to address the Liquor Board in your own right unless you file a separate protest with the Liquor Board.

This protest must be received by the director of the Department of Liquor Licenses and Control on or before the later of 15 calendar days after the City Council has considered the application or 60 days after the application was filed with the department. The director's address is:

Director
Arizona Department of Liquor Licenses and Control
800 W. Washington St., 5th Floor
Phoenix, AZ 85007

Your protest should state that you reside, own or lease property within one mile of the proposed location, and give that address. Your protest should also state at a minimum that you do not believe that the public convenience and the best interests of the community will be substantially served if the license is issued.

If the city has recommended that the license be approved, you still may appear before the board to argue against the issuance of the license, but you must request a hearing before the board in addition to complying with the requirement stated above. This separate request for a hearing should be made in your written protest to the director.

Finally, the above rules do not apply to an application seeking to make only a person-to-person transfer of a number 6 (bar), number 7 (beer and wine bar), or a number 9 (liquor store) license. If the application is in these categories, the board will not hold a hearing to consider your protest of location, or permit you to speak against the location at a hearing scheduled to evaluate the personal qualifications of the applicant.

If you file a protest with the director as outlined above, you should receive your own notice of the date, time and place for the hearing. Additional information on the hearing also may be obtained by calling the department at (602) 542-5141.

Provided as a service of the

CITY CLERK DEPARTMENT
GENERAL SERVICES DIVISION

(03/00)

This publication can be provided in an alternate format by contacting the City Clerk Department, (602) 256-5677/ V; (602) 534-2737/TTY; or (602) 495-5847/FAX.

License Services
200 W. Washington St., 10th Floor
Phoenix, AZ 85003-1611
(602) 262-4638