KENAI PENINSULA BOROUGH Office of the Borough Clerk

144 North Binkley Street Johni Blankenship, CMC Soldotna, AK 99669 Borough Clerk Phone 907-714-2160 Fax 907-714-2388

MEMORANDUM

To: Assembly President Milli Martin Members of the Assembly

Thru: Johni Blankenship, Borough Clerktfi- A~.

From: Michele Turner, Clerk's Admin. Assistant r ~~1 Date: October 27,2009

Re: Protest of New Liquor License Application - Open Wine Distributors

Kenai Peninsula Borough Code § 7.10.010 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 Daggett LLC dba Open Wine Distributors, located within the Kenai Peninsula Borough, Nikiski, 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 determined the licensed premises would be within the SOO-feet proximity to North Star United Methodist Church.

Kenai Peninsula Borough Code § 7.10.020 requires the Borough Assembly to protest any liquor license where the public entrance of the licensed premises would be within SOO-feet by straight line measurement from the property line of an established school or church or the outer boundaries of a playground.

RECOMMENDATION: The Assembly should formally protest the application, as per Section 7.10.020.

cc: Open Wine Distributors North Star United Methodist Church

MEMORANDUM TO ASSEMBLY October 27, 2009 Protest of New Liquor License Page 1 of 1

KENAI PENINSULA BOROUGH 144 N. BINKLEY ST • SOLDOTNA, ALASKA· 99669-7520

PHONE: (907) 714-2160 • FAX: (907) 714-2388 Toll-free within the Borough: 1-800-478-4441, Ext. 2160

\'.,~. "­ EMAIL: assemblyclerk@borough.kenai.ak.us ........~~

JOHNI BLANKENSHIP, CMC September 30,2009 BOROUGH CLERK

Nadia Daggett & James Daggett Daggett Limited Liability Corp. dba Open Wine Distributors P. O. Box 8271 Nikiski, Alaska 99635

RE: Protest of New Liquor License Application License Type: Wholesale Malt Beverage and Wine License No. 4940

Dear Nadia and James:

The Planning Department has reviewed your Liquor License Application as referenced above.

It was determined the premises would be within 500-feet from the property line of North Star United Methodist Church. KPB 7.10.020 (A)(2)(c) provides in relevant part:

"A. The assembly shall cause a protest to be filed with the State Alcohol Beverage Control Board on any application submitted for a new license for the sale of alcoholic beverages, or any application requesting approval of a relocation of the licensed premises, or any application requesting approval of a transfer of a license to another person, or the continued operation of a license for the second year of the biennial license period, within the borough, in the following situations:

2. Where applications for a new license or request for approval of a relocation of the licensed premises in the following circumstances includes one of the following circumstances in areas of the borough outside cities:

c. The public entrance of the licensed premises would be within 500 feet by straight line measurement from the property line of an established school or church or the outer boundaries of a playground;"

September 30, 2009 Page -2­

A protest of your liquor license application is scheduled to come before the Kenai Peninsula Borough Assembly at its regularly scheduled meeting on October 27, 2009 at 7:00 P.M. Enclosed are copies of the documents that will be presented.

However, upon your request, the Assembly will not file a protest with the Alaska Alcoholic Beverage Control Board based on distance between property lines of less than 500-feet if it determines:

1.)� The governing or supervisory authority for the church consents to the licensed location being closer than allowed by KPB 7.10.020(A)(2)(c); and

2.)� Locating the premises within that distance would not unduly impact or interfere with access, the flow of traffic, or the operations of the church. [KPB 7.10.020 (D)]

In the absence of such determination or consent, the protest shall be filed as required by KPB 7.10.020(A)(2)(c).

If consent is acquired, submission to the Borough Clerk prior to the scheduled meeting will ensure the Assembly has adequate time to review.

Should you have any questions, please contact the Borough Clerk's Office.

Sincerely,

Michele Turn?'=---"

Clerk's Administrative Assistant

Encl.

cc:� North Star United Methodist Church P. O. Box 8122� Nikiski, Alaska 99635�

Memorandum To: Johni Blankenship, Borough Clerk

Thru: e,~yraig Chapman, Finance Director

Fronl: ,t Lauri Lingafelt, Delinquent Accounts Specialist

Date: September 30, 2009

Subject: New Application for Liquor License

Wholesale Malt Beverage and Wine

Open Wine Distributors

Owners: Daggett LLC Nadia & James Daggett

Location: 51075 Spur Hwy Nikiski

Mail: PO Box 8271 Nikiski, AK 99635

The Finance Department has reviewed all relevant tax accounts related to the business Open Wine Distributors and found the licensee, Daggett LLC to be in compliance.

Please be advised that the Finance Department has no objection to the new application of the business listed, due to unpaid taxes.

Please forward us a copy of the assembly approval/objection letter for our records. Thank you for your consideration in this matter.

State of Alaska Alcoholic Beverage Control Board

Date ofNotice: September 17, 2009 7r:'~f~J ~r=-r¥ r 7 ~.... <.. ; I

Application Type: o NEW o TRANSFER I

o Owne~ship r:! :--=- ~- .. .. ' (-- r-' :"= 1 r'\ Co LocatIon ~',--- '......', I _

o Name Change Governing Body: Kenai Peninsula Borough Community Councils: Nikiski Community Council Liquor Linnse Application Review

TO: 'lfiU 111."'''__'\License #: 4940 :::::... Planning Department License Type: Wholesale Malt Beverage and Wine DATE: 9 ~\ + .CB:....- _ D.B.A.*: Open Wine Distributors Licensee/Applicant: Daggett Limited Liability Corporation Physical Location: 51075 Spur Hwy., Nikiski

Mail Address: PO Box 8271, Nikiski, AK 99635 Telephone #: 907-776-7664 Fax: 888-325-9981 EIN: 20-5609904 CorplLLC Agent: Address Phone Date and State of Good standing?

Limited Partnership/Corpo ration

Nadia Daggett PO Box 8271 907-776-7664 10/28/07 AK Yes Nikiski, AK 99635

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 not primary members. We have /. d aII . I memb d h h 0 t 1 t 10% hIste prtnclpa ers an t ose w 0 h ld a eas oS ares. Member/Officer/Director: DOB Address Phone Title/Shares (%)

Nadia Daggett 12/27/79 51075 Spur Hwy. 907-776-7664 51°';'. Nikiski, AK 99635

J ames Daggett 02/27/76 51075 Spur Hwy. 907-394-3835 49% Nikiski, AK 99635

If transfer application, current license mformatIOn: License #: N/A Current D.B.A.: N/A Current Licensee: N/A Current Location: N/A

Additional comments:

Local Governmg Body - New format

State of Alaska Department of Public Safety

Alcoholic Beverage Control Board Sean Parnell, Governor Joseph A. Masters, Commissioner

September 17, 2009 Kenai Peninsula Borough Attn: Borough Clerk VIA EMAIL: jblankenship@borough.kenaLak.us Re: Open Wine Distributors License #4940

o Transfer of Ownership CJ Name Change o Restaurant Designation Permit o Transfer of Location rtf 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 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included in this letter.

A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 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. 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 04.11.51 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 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 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 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 in 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 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 104.145, Local Governing Body Protest.

Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body.

1~/~e·L~

Christine C. Lambert Business Registration Examiner

Alcoholic Beverage Control Board 5848 E. Tudor Road - Anchorage, AK 99507 - Voice (907) 269-0350 - Fax (907) 272-9412

KENAI PENINSULA BOROUGH PLANNING DEPARTMENT

144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2200 • FAX: (907) 714-2378

Toll-free within the Borough: 1-800-478-4441, Ext. 2200 www.borough.kenaLak.us

DAVE CAREY BOROUGH MAYOR

MEMORANDUM

TO: Johni Blankenship, Borough Clerk

FROM: r'f>Max Best, Planning Director

RE: Open Wine Distributors New Liquor License Application

DATE: September 17, 2009

As requested, the Planning Department reviewed the Open Wine Distributors new liquor license application to determine if churches or schools are within 500 feet (KPB 7.10.020). A 500-foot radius search was done for KPB Parcel 012-120-18,51075 Kenai Spur Highway.

One church (North Star United Methodist Church) is within the SaO-foot buffer.

Maps and land status information are attached

State of Alaska Alcoholic Beverage Control Board

Date of Notice: September 17, 2009 ?rnq ("c-r) ; 7 ~: -'-- ~ ~,

Application Type: o NEW D TRANSFER D Owne~ship (~l c;-' r-1r""\r

D LocatIon '-...' .- --' . t .... .:f"<__

D Name Change Governing Body: Kenai Peninsula Borough Community Councils: Nikiski Community Council Liquor Liclns, Application Review

TO: .>I(I.Delli.2!nt~._~..License #: 4940 License Type: Wholesale Malt Beverage and Wine DATE: 9 ~\ + .C)3 _ D.B.A.*: Open Wine Distributors Licensee/Applicant: Daggett Limited Liability Corporation Physical Location: 51075 Spur Hwy., Nikiski

Mail Address: PO Box 8271, Nikiski, AK 99635 Telephone #: 907-776-7664 Fax: 888-325-9981 EIN: 20-5609904 Corp/LLC Agent: Address Phone Date and State of Good standing?

Limited Partnership/Corpo ration

Nadia Daggett PO Box 8271 907-776-7664 10/28/07 AK Yes Nikiski, AK 99635

Please note: the Members/Ojficers/Directors/Shareholders (principals) listed below are the principal members. There may be additional members that we are not aware ofbecause they are not primary members. We have r d II . I b d h ose w h h Id at east I 10% hares.lste a prznclpa mem ers an t 0 0 oS

Member/Officer/Director: DOB Address Phone Title/Shares (%)

Nadia Daggett 12/27/79 51075 Spur Hwy. 907-776-7664 51°,.{) Nikiski, AK 99635

James Daggett 02/27/76 51075 Spur Hwy. 907-394-3835 49% Nikiski, AK 99635

If transfer application, current license information: License #: N/A Current D.B.A.: N/A Current Licensee: N/A Current Location: N/A

Additional comments: fa."<'ce\ \\ \..\ ~~,

Local Govoming Body - New Fonnol

350

o I

150 300 I

600 Feet I

s

9/17/09

The information depicted hereon is for a graphical representation only of best available sources. The Kenai Peninsula Borough

assumes no responsibility for any errors on this map.

Open Wine Distributors� New Liquor License�

Land Use within 500 Feet�

LAND USE

.. 100 Residential Vacant

.. 105 Residential Improved Land

.. 110 Residential Units 1-4

.. 120 Residential Cabin

.. 130 Residential Mobile Home

.. 140 Residential Condo

.. 190 Residential Accessory Bldg

.. 300 Commercial Vacant

.. 305 Commercial Improved Land

.. 310 Commercial Apts 5+ Units

320 Commercial Mobile Hm Park

.. 325 Commercial RV Park

.. 335 Lodge - Multiple Cabins

.. 336 Commercial Fish Processing

.. 340 Commercial Condo

c=J 350 General Commercial

.. 360 Commercial Parking Lot

.. 390 Commercial Accessory Bldg

.. 550 General Farm/Agricultural

.. 600 Leased Vacant Land

.. 605 Leased Improved Land

610 Leased Residential

.. 620 Leased Cabin

~ 630 Leased Mobile Home

.. 651 Leased Commercial

.. 652 Leased Industrial

.. 653 Leased Institutional

.. 654 Leased School

~ 690 Leased Accessory Bldg

~ 750 General Industrial

.. 770 Gravel Pit

800 Institutional Vacant

.. 810 Senior Apts/Housing

.-1820 Institutional School

~ 840 Institutional Church

~ 850 General Institutional

.. 860 Institutional Parking Lot

.. 890 Institutional Accssry Bldg

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Open Wine Distributors New Liquor License�

Land Use within 500 Feet�

01212004 840 INSTITUTIONAL CHURCH ACREAGE 4.13 NORTH STAR UNITED METHODIST CHURCH PO BOX 8122 NIKISKI, AK 99635

01212010 350 GENERAL COMMERCIAL ACREAGE 5.89 RICKS JOSEPH FRANKLIN PO BOX 836 WILLCOX, AZ 85644

01212014 770 GRAVEL PIT ACREAGE 26.69 COLASKA INC DBA QAP 240 W 68TH AVE ANCHORAGE, AK 99518

01212016 105 RESIDENTIAL IMPROVED LAND ACREAGE 11.95 BEST ERMA L 47834 INTERLAKE DR KENAI, AK 99611

01212018 110 RESIDENTIAL UNITS 1-4 ACREAGE 1.03 DAGGETT JAMES W PO BOX 8271 NIKISKI, A~ 99635

01212019 110 RESIDENTIAL UNITS 1-4 ACREAGE 1.55 HUNTER JOHN C & KECIA K PO BOX 7177 NIKISKI, AK 99635

01213079 100 RESIDENTIAL VACANT ACREAGE 109.65 UNITED STATES OF AMERICA 445 12TH ST SW WASHINGTON, DC 20554

01215199 320 COMMERCIAL MOBILE HM PARK ACREAGE 15.30 KENNEDY WANDA J & KENNEDY WENDA J TRSTEE WANDA & WENDA KENNEDY L1V TR PO BOX 7046 NIKISKI, AK 99635