Liquor License Renewal - Creek Street Cabaret

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Office of the City Clerk City of Ketchikan, Alaska Katy Suiter, City Clerk Kim Stanker, Deputy City Clerk Mayor and City Council Katy Suiter, City Clerk Date: April 14, 2016 Liquor License Renewal - Creek Street Cabaret The following application for the renewal of liquor license has been received: Beverage Dispensary Creek Street Cabaret Restaurant/Eating Place Package Store Attached are: 1) 2) 3) 4) Email from the Fire Department indicating no objections; Email from the Police Department indicating no objections; Email from Borough Revenue relative to sales taxes; Email from Borough Planning and Zoning relative to zoning issues. Recommended Motion: I move that the City Council approve the renewal of liquor license: Beverage Dispensary - Creek Street Cabaret. memos/liquor Licenses/LiquorRenew

Department of Commerce, Community, and Economic Development ALCOHOLIC BEVERAGE CONTROL BOARD GOVERNOR BILL WALKER Sarah Daulton Oates 550 W 7'" Avenue, Suite 1600 Anchorage, AK 99501 Phone: 907.269.0350 Amco.localgovernmentonly@alaska.gov February 23, 2016 Ms. Katy M. Suiter City of Ketchikan VIA Email: katys@city.ketchikan.ak.us Cc: kims@city.ketchikan.ak.us boroclerk@kgbak. us deputyclerk@kgbak. us Re: Notice of 2016/2017 Liquor License Renewal Applications Dear Ms. Suiter, We have received a renewal application for each of the following licenses within your jurisdiction: lie.# 4799 Doing Business As license Type Licensee Premises Address Creek Street Cabaret Beverage Dispensary Creek Street Cabaret, Inc. 123 Stedman Street A local governing body as defined under AS 04.21.080(b)(18} may protest the approval of an application(s} pursuant to AS 04.11.480 by providing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is arbitrary, capricious, and unreasonable. Instead, in accordance with AS 04.11.510(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 44.62.330-44.62-630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(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 04.11.420(b} municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please

notify our office and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420{a) are two separate and distinct subjects. Please bear that in mind when responding to this notice. AS 04.21.010{d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application(s) 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 regarding local governing body protests, please refer to 3 AAC 304.145. If you have any questions or concerns or require additional information, please feel free to contact our licensing unit at amco.localgovernmentonly@alaska.gov Sincerely, cs Sarali (])aufton Oates Records & Licensing Supervisor

Alcoholic Beverage Control Board SSO W ih Avenue, Suite 1600 Anchorage,AK 99501 Renewal liquor license 2016/2017 Phone: (907) 269-0350 Email: alcohol.licensing@alaska.gov http:/ /commerce.alaska.gov /web/abc/home.aspx License is: rifull Year OR 0 SPasonal If season al, list dat es of operat ion:-------- SECTION A - LICENSE INFORMATION Statute Reference: Sec. 04.11. () Name of Licensee: C rtt~ ->trtti C41Jwet, 111 c. Doing Business As (DBA): c~ee~ :Jtfeet{)~}x~et- SECTION B - OWNERSHIP INFORMATION - CORPORATION (if owner is a sole proprietor, skip to SECTION C) Corporations, LLCs, LLPs and LPs must be registered with the Alaska Division of Corporations. Name of Entity (Corporatlon/LLC/LLP/LP): Creek Str'~ CittJM"et, Jnc, Is the Entity in "Good Standing" with the Alaska Division of Corporations? ~ [ No If no, attach written explanation. Your entity must be in compliance with Title 10 of the Alaska Statutes to be a valid liquor licensee. Entity Members (Must Include President, Secretary, Treasurer, Vice-President, Manager and Shareholder/Member with 10% or more of stock) 11/am TIT I n t:afl ~K.icheH,..t7rt s. 1' 0.135 u;, K.etdtl'kml 99')01 9t"'r(J1l1* 7070. I J Sec't~ II lr-~a.s. II jl v.p,,, 1/. Ma-~ II ll ShdfehU ~ tdc II t' M~ h? 1\don l FJief1hrH r urnt pr NOTE: If you need additional space, please attach a separate sheet. Renewal Application Page 1 of 2 AIV. 09/21/201~

SECTION C- OWNERSHIP INFORMATION - SOLE PROPRIETORSHIP (INDIVIDUAL OWNER & SPOUSE)!1/A Individual licensees/affiliates (The ABC Board defines an "affiliate" as the spouse or significant other of a licensee. Each affiliate must be listed.) I u Name: Applicant 0 ~ lhjt~ [J Address Address: Affiliate 0 IR n11 Date of Birth: t:l1001 Phone: Name: Applicant 0 Name: Applicant 0 Affiliate 0 Affiliate 0 Address: Address: Date of Birth: Date of Birth: Phone: Phone: SECTION 0 - SUPPLEMENTAL QUESTIONS Was your business open at least 30 days for 8 hours each day in 2014? ~ 0~ Was your business open at least 30 days for 8 hours each day in 201S? V r 1 Has any person named on this application been convicted of a felony or Title 4 violation? fl~ If yes, attach a written explanation. Has the licensed premoses changed from the last doagram submotted?.t I~ If yes, attach a new diagram with designated premises areas outlined in " tl. For Package Stores only: N/A Do you intend to sell alcoholic beverages in response to a written order 0 Ye\ 0 41 For Restaurant I Eating Places only:,j{ / lol Were your gross receipts from the sale of food at least 50% of your total gross receipts for 2014 and 015? 0 Yf'\ ll t DECLARATION I declare under penalty of perjury that I have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct, and complete. I hereby certify t hat there have been no changes in officers or stockholders t hat have not been reported to the Alcoholic Beverage Control Board. The undersigned certifies on behalf of the organized entity, it is understood that a misrepresentation of fact is cause for rejection of this application or revocation of any license issued. I further certify that I have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with A5 04.11.450, no person other than the licensee(s) has any direct or indirect financial interest in the licensed business. I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application. As a licensee (sole proprietor or partner), I certify that I have received Alaska alcohol server training and my certification is currently valid. As a corporate/llc licensee, I certify that all agents and employees who serve, sell, or are otherwise responsible for the service, sale, or storage of alcoholic beverages have received Alaska alcohol server training and their certificat ion is currently valid. I further certify that certain shareholders, officers, directors, or members of the entity who are not directly or indirectly responsible for the service, sale, or storage of alcoholic beverages are not Alaska alcohol server training certified and will not be required to be certified. As a licensee, I certify that all of my agents and employees tasked with patron identification verification have received alcohol server training and their certification Is currently valid. license Fee $ z,.s-"" -:- Filing Fee $ 200.00 TOTAL $ late Fee of $500.00 - if received or postmarked after 12/31/2015 s s~-:- Fingerprint Fee- $49.75 per person (only for new owners/members) $ GRAND TOTAL $3,200-;- nd ~worn to b~>fore mt: thts /7~d-ayof_~-u Renewal Application Page 2 of 2

Kim Stanker Sent: Cc: Attachments: Contacts: Kim Stanker Tuesday, February 23, 2016 12:02 PM Alan Bengaard; Chris Grooms; 'Claire Kelly'; 'Jonathan Lappin'; 'Marva Otos' Katy Suiter Liquor License Renewal and Premises Extension Request 4799 cu rrent diagram.pdf; 4799 new diagram.pdf; Ketchikan Renewa l 2.19.16.pdf; Ketchikan - February 19, 2016.pdf; Ketchikan - February 23, 2016.pdf; Ketchikan Renewal 2.23.16.pdf Alan Bengaard - City of Ketchikan; Chris Grooms; Claire Kelly - KGB; Jonathan Lappin - KGB; Marva Otos Attached is a notification from the ABC Board relative to the City of Ketchikan's 2016-2017 Liquor Licenses Renewal applications for: Beverage Dispensary- Creek Street Cabaret Package Store - Restaurant- New York Hotel & Cafe And a Liquor License premises extension request- Creek Street Cabaret Let our office know if you approve or have any objections. Please reply by March 10, 2016. We would like to put them on the March 18, 2016 agenda. Please copy Katy Suiter, katys@cit y.k etchikan.ak.us Thank you, Kim Stanker, CMC Deputy City Clerk 334 Front Street Ketchikan, AK 99901 kims@ ktn-ak.us (907) 228-5604 1

Kim Stanker Sent: Cc: Alan Bengaard Tuesday, February 23, 2016 1:52 PM Kim Stanker; Chris Grooms; Claire Kelly; Jonathan Lappin; Marva Otos Katy Su iter RE: Liquor License Renewal and Premises Extension Request Kim, No objections from the Police Department. Alan Bengaard, Chief of Police Ketchikan Police Department 361 Main Street Ketchikan, AK 99901 (907) 225-6631 Kim Stanker Sent: Tuesday, February 23, 2016 12:02 PM Alan Bengaard; Chris Grooms; Claire Kelly; Jonathan Lappin; Marva Otos Cc: Katy Suiter Liquor License Renewal and Premises Extension Request Attached is a notification from the ABC Board relative to the City of Ketchikan's 2016-2017 Liquor Licenses Renewal applications for: Beverage Dispensary - Creek Street Cabaret Package Store - Restaurant- New York Hotel & Cafe And a Liquor License premises extension request - Creek Street Cabaret Let our office know if you approve or have any objections. Please reply by March 10, 2016. We would like to put them on the March 18, 2016 agenda. Please copy Katy Suiter, katys@city.ketchikan.ak.us Thank you,

Kim Stanker Sent: Cc: Jonathan Lappin <j cmathanl@kgb-ak.us> Tuesday, February 23, 2016 1:24 PM Kim Stanker; Alan Bengaa rd; Chris Grooms; 'Claire Kelly'; 'Marva Otos' Katy Suiter RE: Liquor License Renewal and Premises Extension Request The Planning Department has no evidence of non-compliance with the Borough's zoning code and does not recommend a protest or offer an objection. Kim Stanker [mailto:kims@city.ketchikan.ak.us] Sent: Tuesday, February 23, 2016 12:02 PM Alan Bengaard; Chris Grooms; Claire Kelly; Jonathan Lappin; Marva Otos Cc: Katy Suiter Liquor License Renewal and Premises Extension Request Attached is a notification from the ABC Board relative to the City of Ketchika n's 2016-2017 Liquor Licenses Renewal applications for: Beverage Dispensary - Creek Street Cabaret Package Store - Restaurant- New York Hotel & Cafe And a Liquor License premises extension request- Creek Street Cabaret Let our office know if you approve or have any objections. Please reply by March 10, 2016. We would like to put them on the March 18, 2016 agenda. Please copy Katy Suiter, katys@city.ketchikan.ak.us Thank you, Kim Stanker, CMC Deputy City Clerk 334 Front Street Ketchikan, AK 99901 kims@ ktn-ak.us

Kim Stanker Sent: Cc: Claire Kelly <clairek@kgbak.us> Thursday, March 03, 2016 4:08 PM Kim Stanker; Alan Bengaard; Chris Grooms; 'Jonathan Lappin'; 'Marva Otos' Katy Suiter RE: Liquor License Renewal and Premises Extension Request Creek Street Cabaret is cuttent. The New York Hotel & Inn At Creek Street are behind on their transient occupancy tax. Also, they lease the restaurant/bar to Good Coffee Company LLC dba New York Cafe which did not file a 4 111 quarter 2015 sales tax return. Thank you, Claire Kelly Kim Stanker [mailto:kims@city.ketchikan.ak.us] Sent: Tuesday, February 23, 2016 12:02 PM Alan Bengaard; Chris Grooms; Claire Kelly; Jonathan Lappin; Marva Otos Cc: Katy Suiter Liquor License Renewal and Premises Extension Request Attached is a notification from the ABC Board relative to the City of Ketchikan's 2016-2017 Liquor Licenses Renewal applications for: Beverage Dispensary- Creek Street Cabaret Package Store - Restaurant -New York Hotel & Cafe And a Liquor License premises extension request- Creek Street Cabaret Let our office know if you approve or have any objections. Please reply by March 10. 2016. We would like to put them on the March 18, 2016 agenda. Please copy Katy Suiter, katys@city.ketchikan.ak.us Thank you, 1

Katy Suiter Sent: Chris Grooms Thursday, April 14, 2016 3:46 PM Katy Suiter Creek Street Cabaret Katy, I approve of re-issuing the liquor license to Creek Street Cabaret. Chris Grooms, Fire Marshal City of Ketchikan 70 Bawden Street Ketchikan, Alaska 907-228-2363 1