2014 2:00:00 PM

Monday, March 10, 2014 2:00 PM
Council Chambers, Legislative Bldg., 745 Fourth St., Sparks, NV

General Business: 6.1

Title: Consideration, discussion, and possible action on refund of Alcohol License Fees to Lynne Davidson, previous owner of the Elbow Room.

Petitioner/Presenter: Lynne Davidson/Chris Syverson

Recommendation: That the Council review and possibly take action on the request for a refund of Alcohol License Fees to Lynne Davidson.

Financial Impact: N/A

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: Lynne Davidson paid for an Alcohol License for the business the Elbow Room, which she subsequently sold.

Background: A timeline and history of this issue is as follows: June 30, 2013 Alcohol License expires July 30, 2013 Alcohol License Renewal received with check for $1,000 for annual license fee. August 30, 2013 City notified of business closure November 26, 2013 Sent business owner a ‘Closing Receipt’ form (a form required to report income from renewal to closure). December 6, 2013 Business owner requests refund of $1,000 for license fee paid. Ms. Davidson was notifed that no refund could be made, pursuant to SMC - Alcoholic Beverages, Section 5.28.340 Licenses. "If a licensee ceases to operate a licensed business or if the license is revoked, there shall be no refund of the license fee." Owner was also advised that an appeal of these fees could only be requested of the City Council. December 12, 2013 City received closing receipt, with no revenue reported, although the business was in operation for 2 months. January 27, 2014 Letter received from Business Owner requesting refund of $1,000. City Clerk forwarded to Customer Service, who forwarded to staff for review. A copy of this letter is attached. 2/20/14 Matter reviewed with Legal Counsel who concurs that no refund can be made unless authorized by City Council. 2/20/14 Ms. Davidson notified that the matter is scheduled for City Council consideration for March 10, 2014 City Council Meeting.

Analysis:

Alternatives: 1. The City Council may choose to refund the Alcohol License Fees in the amount of $1,000. 2. The City Council may choose not to refund the Alcohol License Fees in the amount of $1,000. 3. The City Council may direct Staff to another alternative.

Recommended Motion: I move that City Council not refund the Alcohol License Fees in the amount of $1,000, pursuant to Sparks Municipal Code.

Attached Files:

Lynne Davidson request for refund.pdf

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