KENAI PENINSULA BOROUGH

Transcription

1 KENA PENNSULA BOROUGH Office of the Borough Clerk 144 North Binkley Street Johni Blankenship, CMC Soldotna, AK Borough Clerk Phone Fax MEMORANDUM To: Assembly President Pete Sprague Members of the Assembly Thru: Johni Blankenship, Borough Clerkk From: Shellie Saner, Deputy Borough Cler~ Date: April 6, 2010 Re: Application for a New Liquor License - Salmon Catcher Lodge Kenai Peninsula Borough Code provides for mandatory Assembly review of all applications for new liquor license at a location within the Borough. Accordingly, the attached application for a new liquor license as filed by Salmon Catcher Lodge, nc. dba Salmon Catcher Lodge, located within the Kenai Peninsula Borough, is being submitted to you for review and action. The Borough Finance Department has reviewed the application and has no objection to the new license based on unpaid taxes. The Planning Department has reviewed the application for proximity to churches and/or schools and has no objection to the new license based on location. RECOMMENDATON: That the Assembly authorize a letter of nonobjection to the issuance ofthe new liquor license as requested and filed by Salmon Catcher Lodge, nc. dba Salmon Catcher Lodge. cc: Salmon Catcher Lodge, nc. dba Salmon Catcher Lodge PO Box 2200 Kenai, AK MEMORANDUM TO ASSEMBLY April 6, 2010 Application for New Liquor License Page 1 of 1

2 Memorandum To: Thru: Johni Blankenship, Borough Clerk.~ B'r~~ Chapman, Finance Director From: ~f\,lauri Lingafelt, Delinquent Accounts Specialist Date: March 24, 2010 Subject: New Liquor License Lodge-Kenai Peninsula Borough License #4973 Salmon Catcher Lodge nc. Dba Salmon Catcher Lodge President: Terry W. Johnson Location: Ralph Lane Kenai, AK Mail: PO Box 2200 Kenai, AK Please be advised that the Kenai Peninsula Borough Finance Department has no objection to the new liquor license application for the above noted liquor license based on unpaid taxes. All tax accounts registered to the business and/or applicants are current at this time. Please forward us a copy of the Assembly approval/objection letter for our records. Thank you for your consideration in this matter.

3 Date ofnotice: March 17,2010 State ofalaska Alcoholic Beverage Control Board Application Type: 0 NEW TRANSFER Ownership Location o Name Change Governing Body: Kenai Peninsula Borough Community Councils: None 1"0: RECEVED MAR KPB - Clerks Office L [}olinqur.nt.4ccounts License #: 4973.:t- PianrllnR Department License Type: Lodge DATE:,3~1l-/D. D.B.A.*: Salmon Catcher Lodge Review and return to Borough Clerk with Licensee/Applicant: Salmon Catcher Lodge, nc. com;nents by: L/. til-n Physical Location: Ralph Lane, Kenai Fer Assembly Meeting of...;",,,,,,.')'--...,j t),,J-- The fimi-1 ~ Department h.as ro objection tq the issuance of is license.,..' Dzte o.-;2.li i C> By: U--- L. _._~) Mail Address: PO Box 2200, Kenai, AK Telephone #: Cell: EN: Not Provided - will send ASAP CorplLLC Agent: Address Phone Date and State of Good standing? Limited Partnership/Corpo ration Terry W. Johnson Holly Rd /01 AK Yes Kenai, AK Please note: the Members/OfficerslDirectors/Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware ofbecause they are notprimary members. We have rsted a.prmclpa.. members an d t h ose W h 0 h 0 ld at l east 10%oShares. Member/Officer/Director: DOB Address Phone Title/Shares (%) Terry W. Johnson OS/21/ Endicott Drive % Soldotna,AK ftransfer application, current license infonnation: License #: Current D.B.A.: Current Licensee: Current Location: Additional comments: _ A local governing body as defined under AS (11) may protest the approval ofan application(s) pursuant to AS by furnishing the board and the applicant with a clear and concise written statement of Local Governing Body - New Forntll(

4 Page 2 reasons in support of a protest within 60 days of receipt ofthis notice. f a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". nstead, in accordance with AS O(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS F THE APPLCANT REQUESTS A HEARNG, THE LOCAL GOVERNNG BODY MUST ASSST N OR UNDERTAKE THE DEFENSE OF TS PROTEST. Under AS (a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS (b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. f a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance ofthe regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS (a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS (d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). f you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC , Local Governing Body Protest. Note: Applications applied for under AS (g), 13 AAC (a)(3), AS (e), and 13 AAC (e) must be approved by the governing body. Sincerely, /s/ Christine C Lam6ert Christine C. Lambert Business Registration Examiner Alcoholic Beverage Control Board 5848 E. Tudor Rd Anchorage, AK Voice (907) Fax (907)

5 State of Alaska Department of Public Safety Alcoholic Beverage Control Board Sean Parnell, Governor Joseph A. Masters, Commissioner March 17,2010 Kenai Peninsula Borough Attn: Clerk VA EMAL: Re: Salmon Catcher Lodge License #4973 o Transfer of Ownership D Name Change o Restaurant Designation Permit o Transfer of Location o New Application Old License # (if changed): We have received the enclosed liquor license application within the Kenai Peninsula Borough. This is the notice as required under AS Additional information concerning filing a "protest" by a local governing body under AS is included in this letter. A local governing body as defined under AS (11) may protest the approval of an application(s) pursuant to AS by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. f a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable". nstead, in accordance with AS O(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS F THE APPLCANT REQUESTS A HEARNG, THE LOCAL GOVERNNG BODY MUST ASSST N OR UNDERTAKE THE DEFENSE OF TS PROTEST. Under AS (a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS (b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. f a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance have been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS (a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS (d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). f you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 Me , Local Governing Body Protest. Note: Applications applied for under AS (g), 13 MC (a)(3), AS (e), and 13 MC (e) must be approved by the governing body. /4/~ e. Lamket Christine C. Lambert Business Registration Examiner Alcoholic Beverage Control Board 5848 E. Tudor Road - Anchorage, AK Voice (907) Fax (907)

6 KENA PENNSULA BOROUGH PLANNNG DEPARTMENT 144 North Binkley Street. Soldotna, Alaska PHONE: (907) FAX (907) Toll-free within the Borough' , Ext wwwborough kenai.ak.us DAVE CAREY BOROUGH MAYOR MEMORANDUM TO: FROM: RE: Johni Blankenship, Borough Clerk ~Max Best, Planning Director Salmon Catcher Lodge New Liquor License Application DATE: March 17,2010 As requested, the Planning Department reviewed the Salmon Catcher Lodge new liquor license application to determine if churches or schools are within 500 feet (KPB ). A 500-foot radius search was done for KPB Parcel , Ralph Lane, Kenai. Kenai Peninsula Borough records show no schools or churches within the 500-foot buffer. Maps and land status information are attached.

7 Land Use 100 Residential Vacant 105 Residential mproved Land Residential Units Residential Cabin 130 Residential Mobile Home CJ 140 Residential Condo Condo Underlying Parcel Residential Accessory Bldg Commercial Vacant 305 Commercial mproved Land 310 Commercial Apts 5+ Units CJ 320 Commercial Mobile Hm Park..325 Commercial RV Park Lodge - Multiple Cabins 340 Commercial Condo..341 Condo Underlying Parcel CJ 350 General Commercial CJ 360 Commercial Parking Lot Commercial Accessory Bldg 550 General Farm/Agricultural CJ 600 Leased Vacant Land..605 Leased mproved Land..610 Leased Residential CJ 620 Leased Cabin..630 Leased Mobile Home..651 Leased Commercial CJ 652 Leased ndustrial CJ 653 Leased nstitutional ~ 654 Leased School CJ 690 Leased Accessory Bldg 750 General ndustrial..770 Gravel Pit..800 nstitutional Vacant Salmon Catcher Lodge New Liquor License Land Use within 500 Feet..810 Senior Apts/Housing ~ 820 nstitutional School 1::::::;:1 840 nstitutional Church 850 General nstitutional nstitutional Parking Lot CJ 890 nstitutional Accssry Bldg The information depicted hereon is for a graphical representation only of best available sources. The Kenai Peninsula Borough a Feet assumes no responsibility for any errors on this map. March 17,2010

8 Salmon Catcher Lodge New Liquor License Application Existing Land Use within 500 Feet Usage: 100 RESDENTAL VACANT Acreage: KENA PENNSULA BOROUGH 144 N BNKLEY ST Usage: 105 RESDENTAL MPROVED LAND Acreage: LETE KRSTAN & TOUGAS MARY & THOMPSON JUDTH E GREYSTONE LN WOODWAY, WA Acreage: JUDGE STEVEN A HEATHER AVE Usage: 100 RESDENTAL VACANT EYERS CECL F REVOCABLE LVNG TRUST 2767 ESTELLA DR SANTA CLARA, CA Usage: 100 RESDENTAL VACANT EYERS CECL F REVOCABLE LVNG TRUST 2767 ESTELLA DR SANTA CLARA, CA Usage: 110 RESDE\JTAL U\JTS 1-4 ASHWORTH WAYNE & TNA 1523 PRMROSE ST ANCHORAGE, AK Usage: 110 RESDE\JTAL UNTS 1-4 FOSTER CNBLEY LEE PO BOX GREGSON JEFF C PMB KENA SPUR HWY Usage: 100 RESDENTAL VACANT GREGSON.EFF C PMB KENA SPUR HWY Usage: 100 RESDENTAL VACANT DOYLE DAVD & VALERE 9250 BUDDY WERNER DR ANCHORAGE, AK Acreage: 0.96 DOYLE VALER E 9250 BUDDY WERNER DR ANCHORAGE, AK GVER FRANCS MCHAEL & ELZABETH F PO BOX Usage: 130 RESDENTAL MOBLE HOME Acreage 0.92 MANSFELD CHARLES R 808 NW 74TH ST REDMOND, OR Usage: 105 RESDENTAL MPROVED LAND Acreage 0.92 MOELLER LY\J\J A PO BOX 158 Page 1

9 Salmon Catcher Lodge New Liquor License Application Existing Land Use within 500 Feet Usage: 190 RESDENTAL ACCESSORY Acreage 0.92 BLDG MOELLER LYNN A Acreage 0.92 PO BOX 158 MOYE BRAN J 310 BRCH ST Usage: 190 RESDENTAL ACCESSORY BLDG Usage: 105 RESDENTAL MPROVED LAND Acreage 0.92 MOYER OLEN E & ANDREA L JOHNSON TERENCE W PO BOX 433 REVOCABLE TRUST AGREEMENT 420 ENDCOTT DR BLOOM RYAN S & JANE A Acreage: WLDERNESS RD EYERS CECL F TRUSTEE OF ANCHORAGE, AK CECL F EYERS TRUST 2767 ESTELLA DR SANTA CLARA, CA Usage: 100 RESDENTAL VACANT GREGSON JEFF C Usage: 130 RESDENTAL MOBLE HOME PMB 351 Acreage KENA SPUR HWY FORTNEY RCHARD H Jr LORWOOD DR JOHNSON TERENCE W REVOCABLE TRUST AGREEMENT 420 ENDCOTT DR Acreage 0.93 JOHNSON TERENCE W REVOCABLE TRUST AGREEMENT 420 ENDCOTT DR Acreage 1.00 JOHNSON TERENCE W REVOCABLE TRUST AGREEMENT 420 ENDCOTT DR Page 2

10 The information depicted hereon is for a graphical representation only of best available sour""s, The Kenai Peninsula Borough assumes no responsibility for any errors on this map March 17, 2010 Kenai Peninsula Borough Planning Department Vicinity Map o Feet

11 The informalion depicled hereon is for a graphical representation only of best available sources. The Kenai Peninsula Borough assumes no responsibility for any errors on lhis map Kenai Peninsula Borough Planning Department Vicinity Map o March 17, ,200 Feet