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File #: 09-0629    Version: 1 Name: 7/6 Tios Liquor License
Type: Resolution Status: Passed
File created: 7/6/2009 In control: City Council
On agenda: 7/6/2009 Final action: 7/6/2009
Enactment date: 7/6/2009 Enactment #: R-09-270
Title: Resolution to Recommend Approval of Issuance of One New Full-Year Class C Quota Liquor License to Tios on Liberty, LLC at 401 E. Liberty, Suite #2, in the City of Ann Arbor
Sponsors: Council Liquor License Review Committee
Title
Resolution to Recommend Approval of Issuance of One New Full-Year Class C Quota Liquor License to Tios on Liberty, LLC at 401 E. Liberty, Suite #2, in the City of Ann Arbor
Memorandum
On May 20, 2009, the City Council passed Resolution R-09-136, rescinding its previous recommendation of support for the issuance of a new liquor license to HBSP Holdings, Corp. d/b/a Salsarita's Fresh Cantina at 401 E. Liberty Suite #2. The Council Liquor License Review Committee made the recommendation to rescind the recommendation, and Council approved the resolution, based upon the fact that the applicant had ceased doing business and vacated the location. The Michigan Liquor Control Commission, at its meeting of May 20, 2009, issued an order of denial to HBSP Holdings, Corp. The order of denial allowed for the applicant to request a hearing on the decision within 20 days of the date of the letter. HBSP Holdings, Corp. took no action and on June 15, 2009, the appeal deadline lapsed. At which point,  a new license was again available for the City to issue under the State's Class C quota system.
 
Tios on Liberty, LLC has since occupied the space at 401 E. Liberty Suite #2, vacated by HBSP Holdings, Corp. and has applied to the Council Liquor License Review Committee for a recommendation to issue the new Class C quota license to them at this location. The Council Liquor License Review Committee reviewed the application by Tios on Liberty, LLC at their meeting on June 19, 2009 and voted to recommend that City Council approve a recommendation to the State Liquor Control Commission for the issuance of this license to Tios on Liberty, LLC at 401 E. Liberty Suite #2 "above all others."  
 
City staff reviewed the application and provided comments to the Council Liquor License Review Committee. There were no objections and all outstanding debt to the City has been paid.
Staff
Prepared by: Jacqueline Beaudry, City Clerk
Sponsored by: Council Liquor License Review Committee
Body
Whereas, The City of Ann Arbor was notified by the State of Michigan Liquor Control Commission that the City has one available on-premise Class C liquor license available for award under the State's quota system;
 
Whereas, The decision to recommend issuance of a new quota liquor license is the prerogative of the local governmental unit;
 
Whereas, The City Council has established a Liquor License Review Committee to review all applications for liquor licenses in the City of Ann Arbor; and
 
Whereas, The Liquor License Review Committee has reviewed the application by Tios on Liberty, LLC and recommends issuance of a new license to this applicant at this specific location, having considered the applicant's previous contributions to the community, including years of operation in the community as an existing business;
 
RESOLVED, That the City Council recommend that the Michigan Liquor Control Commission consider the request from Tios on Liberty, LLC at 401 E. Liberty Suite #2 for Approval "Above All Others" and that the application be recommended for issuance of a new full-year Class C license;
 
RESOLVED, That the City Clerk forward a copy of this resolution to Tios on Liberty, LLC and the Michigan Liquor Control Commission.