Item Coversheet
ALAMOSA CITY COUNCIL
COUNCIL COMMUNICATION


Subject/Title:
Needs and Desires Hearing: New application for a Fermented Malt Beverage, Off Premise License, Maverik, Inc. d/b/a Maverik, Inc. #679
Recommended Action:

This is a quasi-judicial issue where Council's action may only be based on evidence presented at the hearing. 

 

Conduct hearing to receive evidence regarding whether the reasonable requirements of the neighborhood and the desires of the adult inhabitants of the neighborhood support the issuance of the license applied for in this application. 

 

If the matter appears to be clear-cut, Council should make a decision after the hearing and direct the City Attorney to prepare written findings for consideration at the following meeting (March 16, 2022) consistent with the decision made after the hearing. 


Background:

Maverik, Inc. d/b/a Maverik, Inc. #679 has applied for a new Fermented Malt Beverage license at 3141 Main Street. This application was accepted administratively on December 30, 2021.

 

Applicant Details:

  • Business address is 3141 Main Street.
  • The licensed premise is proposed to be the entirety of the interior of the structure at said address. 
  • Applicant has a current sales tax license. 
  • Applicant is eligible to be licensed.
  • Applicant is a corporation.
  • Applicant owners are Maverik, Inc..
  • Manager on the license is James Hamilton.
  • Possession of property is documented through a deed.
  • Preliminary factual findings are attached, and have been provided to the applicant as required.   
  • The property was originally posted on January 24, 2022 and again on February 8, 2022 after structure windows and doors had been placed.
  • The legal notice was published as required in the Valley Courier on February 5, 2022. 
  • Petitions for Maverik, Inc. #679 done by surverying company,  LiquorPros, were turned in to the City Clerk on February 25, 2022 (see attached).
Issue Before the Council:
The hearing is for the purpose of receiving evidence and testimony regarding this license application. This is a quasi-judicial issue where Council's action may only be based on evidence presented at the hearing. 

Alternatives:
Council is limited to the option of conducting the needs and desires hearing as required by law. 


Fiscal Impact:
N/A

Legal Opinion:
The City Attorney will be available at the meeting to conduct the hearing. 

Conclusion:
Council should conduct the hearing as required. If the matter appears to be clear-cut, Council should make a decision after the hearing and direct the City Attorney to prepare written findings for consideration at the following meeting consistent with the decision made after the hearing. 
ATTACHMENTS:
DescriptionType
Preliminary Factual FindingsBackup Material
Application for Maverik, Inc.Backup Material
Drawing of Proposed Licensed PremiseBackup Material
Photos of Notices of Posting at LocationBackup Material
Petition PacketsBackup Material