Liquor License Police Department Recommendation - Golden Margarita.pdf

City of Phoenix — Formal (2021-07-01)

View PDF Meeting page

Extracted text (via ocr_local) 3725 characters
LIQUOR LICENSE DISAPPROVAL FORM

Police Department Liquor License Disapproval Recommendation

| Application Information

Business Name Golden Margarita District [8 ]
Business Location 330 E. Roosevelt Street
ApplicantName _| Golden Margarita LLC/Jeffrey Miller Series Type | 12 |

The Police Department recommends disapproval of this liquor license application for the following
reasons:

Saraj Gem Ray, Managing Member and controlling person for Golden Margarita LLC re-applied for a Series
12 restaurant liquor license for Golden Margarita located at 330 E. Roosevelt Street. Phoenix, AZ. Prior to
this current application for an acquisition of control. Mr. Ray submitted and application for a Series 12 which
was withdrawn shorty after the Department of liquor licenses and Control cancelled the Interim Permit.

During Det. Kevin Crotty’s investigation, he found complaints called in by surrounding neighbors about loud
music coming from the Golden Margarita. One of the callers stated in an e-mail to the City Manager's Office
that the loud music was coming from the Golden Margarita. Further, the e-mail stated during the week the
music continues until 1:00 a.m. and 2:00 a.m. on the weekends. The music is described as “distasteful’ and
stated the lyrics in the music has “foul language”. It should be noted that per the stipulations on his required
use permit, it is expressly written that the "volume shall not be greater than surrounding ambient conditions’.

Det. Crotty contacted Det. John Barchak who is with the Arizona Department of Liquor and Control (DLLC).
Det. Barchak stated that Mr. Ray lost his ability to run a restaurant in Scottsdale, AZ due to a low finding of
17% food sales and several fights at the restaurant's location that generated a police response. Additionally,
Mr. Ray has an outstanding fine with DLLC of $6,500 that had not been paid at the time of this report. Det.
Crotty was also informed that the Golden Margarita has three service bars located within the establishment
eluding that the Golden Margarita may be set up for the possibility of becoming a bar/pub type atmosphere
and not a restaurant.

The aforementioned violations in Scottsdale show a history of non-compliance by Mr. Ray, as the sole
Controlling Person of Three Wise Men, at 7323 East Shoeman Lane. Here is a summary of those violations:

--The DLLC performed an audit, reference interim permit license 1207B288 for Three Wise men, using the
information that the licensee provided from January 1, 2019 through December 29, 2019 and concluded that
the licensee did not meet the definition of a restaurant because its food sales percentage for the audit period
was 15.69%.

--On February 27, 2020, in response to an Order to Show Cause issued by the DLLC on February 26, 2020,
the licensee submitted additional documentation raising the food sale percentage to 17.21%. In addition to
failing the audit, the licensee failed to provide complete records as required by R19-1-317(D).

--On or about January 17, 2020, an investigation by Scottsdale PD discovered an assistant general manager
was intoxicated while on duty.

--Licensee was ordered to pay the DLLC on or before March 16, 2020, a civil penalty pursuant to ARS 4-
210.01(A) for $6,500. The licensee failed to pay the DLLC as required; the licensee failed to comply with Title
4.

Based upon the reasons listed above, the applicant has not demonstrated that he is

reliable, capable, or qualified to be responsible enough to hold a liquor license.

This recommendation for disapproval is submitted by: Ofc Jan Rollon #8104

SIGNATURES
Investigating Detective | Alonge A4289 She rf Moar,
Liquor Enforcement Detail Supervisor Sgt. M. Doty 5785 rs - =

Page 1 of 4