Title
Resolution Requesting Non-Renewal of Liquor License 5492-2013 (Class C) held by Banfield A.C., Inc. d/b/a Banfield Bar & Grill (Business I.D. 3579)
Memorandum
The attached Resolution requests acceptance and adoption of the Findings and Recommendations of the Liquor License Hearing Officer for the City of Ann Arbor, Council member Lumm, in connection with the objection to Renewal of Liquor License 5492-2013 (Class C) held by Banfield A.C., Inc., d/b/a Banfield Bar & Grill (Business I.D. 3579)
The Council Liquor License Review Committee completed its annual review process required by Chapter 109 of the Ann Arbor City Code of all on-premises liquor licenses in the City of Ann Arbor and forwarded it to City Council on February 3, 2014. Objection to renewal of the liquor license held by Banfield A.C., Inc. was recommended by the Council Liquor License Review Committee in accordance with the procedures set forth in Section 9:79 of the Ann Arbor City Code based on violation of Section 9:79(1)(b), failure to timely pay all taxes due and payable to the City. Those recommendations were approved by Council and enacted as Resolution R-14-038.
On February 25, 2014, an administrative hearing was held pursuant to the provisions of Section 436.1501(2) of Michigan Compiled Laws and in accordance with the provisions of Chapter 109 of the Ann Arbor City Code on the Objection to Renewal of the Liquor License held by Banfield A.C., Inc. Licensee failed to appear and present any evidence, witnesses or statements in the matter.
Hearing Officer Lumm, after the presentation of the City's case and proofs supporting the Objection, issued her Findings and Recommendations in the matter recommending that the City Council object to and recommend that the Michigan Liquor Control Commission not renew the liquor license of Banfield A.C., Inc. unless the entire outstanding delinquency amount, including all interest accrued, is received on or before 5:00 p.m., March 13, 2014. A copy of Hearing Officer Lumm's Finding and Recommendations was personally served on Banfield A.C., Inc. on February 25, 2014.
As of this date, Licensee has taken no action to satisfy the outstanding delinquency stated in the Findings and Recommendation.
It is recommended the Findings and Recommendations of Hearing Officer Lumm be accepted and adopted by City Council and an Objection to Renewal of Liquor License 5492-2013 ((Class C) held by Banfield A.C., Inc. d/b/a Banfield Bar & Grill (Business I.D. 3579) be recommended and filed with the Michigan Liquor Control Commission if any outstanding delinquency exists after the time and date specified in the Recommendation.
Staff
Prepared by Mary Joan Fales, Senior Assistant City Attorney
Sponsors: Councilmember Lumm, Liquor License Hearing Officer
Council Liquor License Review Committee:
Body
Whereas, An administrative hearing was conducted on February 25, 2014, on the Objection to Renewal of Liquor License 5492-2013 ((Class C) held by Banfield A.C., Inc. d/b/a Banfield Bar & Grill (Business I.D. 3579);
Whereas, Proper notice of the Hearing having been given to the Licensee, and the Licensee being fully informed of the City of Ann Arbor Liquor Administrative Hearing Rules governing the hearing and its due process rights, including notice of the grounds for the objection, witnesses and evidence to be presented by the City in the matter, the ability to examine and present evidence, confront witnesses and be represented by an attorney;
Whereas, Based on the testimony presented and the records entered into evidence at the administrative hearing there are sufficient grounds to support the City's objection to renewal of Banfield A.C., Inc.'s liquor license;
Whereas, Licensee failed to appear and present any evidence, witnesses or statements in the matter;
Whereas, Hearing Officer Lumm has presented City Council with her Findings and Recommendations in connection with the Hearing, a copy of which is attached hereto and made a part hereof; and
Whereas, The Licensee has received a copy of Hearing Officer Lumm's Findings and Recommendations and has not made any payment on the outstanding delinquency owed the City; and
Whereas, City Council having examined Statement of Findings and Recommendations of the Hearing Officer and being otherwise fully advised in the matter;
RESOLVED, That City Council accept and adopt the Findings and Recommendations of its Hearing Officer, based on the administrative hearing record held February 25, 2014, in the matter of the Objection to Renewal of Liquor License 5492-2013 ((Class C) held by Banfield A.C., Inc. d/b/a Banfield Bar & Grill (Business I.D. 3579) ("License"); as stated in the attached Statement of Findings and Recommendations
RESOLVED, That City Council finds that the License is not being used in accordance with the Ann Arbor City Code and the Michigan Liquor Code on the following grounds:
Violations of Chapter 109, Liquor, of the Ann Arbor City Code, being:
Section 9:79(b) Failure to timely pay all personal property taxes and all real property taxes and all other obligations due and payable to the City or have outstanding any personal property tax or real property tax or obligation due and payable to the City as of the date of the annual review.
RESOLVED, That City Council does hereby object to the renewal of Liquor License 5492-2013 (Class C) held by Banfield A.C., Inc. d/b/a Banfield Bar & Grill (Business I.D. 3579) on and for the grounds stated herein;
RESOLVED, That unless the entire outstanding delinquency amount, including all interest accrued, is received on or before 5:00 p.m., March 13, 2014, the sufficiency of which must be certified by the City Treasurer, the City shall file its objection with and request that the Michigan Liquor Control Commission not renew the License of the above mentioned Licensee; and
RESOLVED, That unless payment on the outstanding delinquency is received as allowed for herein, City Council direct the City Clerk to provide the Michigan Liquor Control Commission a certified copy of this Resolution, the attached written Statement of Findings and Recommendation of the Hearing Officer based on the hearing record and all required substantiating documents no later than March 30, 2013, in compliance with applicable statutory or regulatory requirements.