5.1 Appeal non-renew CMB
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
01/23/2006
TIME
4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
5
ITEM
NO.
Page 1
CITY ATTORNEY
BY: Greq Benqtson
BY: 9/fff
1
ITEM:
Appeal from administrative non-renewal of retailer cereal malt beverage license.
Based on the City Attorney's recommendation, the identity of the applicant and all information
relevant to the governing body's consideration of this matter will be presented to the Commissioners
at the public hearing. The applicant is represented by counsel and will be given the same opportunity
to present relevant information during the public hearing.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
01/23/2006
TIME
4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
5
ITEM
NO.
Page 1
CITY MANAGER
BY: Jason Gage
BY: trf+l1
ITEM:
Public hearing on the appeal of the renewal of the 2006 cereal malt beverage retailers' license for
Shree Jay Jalaram, Inc., d/b/a Citgo - Pump Mart.
BACKGROUND:
The city administers cereal malt beverage (CMB) retailer licenses on a calendar year basis. Since
1983, administrative approval has been required by the zoning official (for new applicants), health
department, the chief of police and the city clerk. Applications that have been approved by required
staff are issued a license that would expire at the end of the year. Typically, the City Commission is
not involved in the approval process unless an application has been denied by staff and an appeal
has been filed.
In 2004, the City issued an initial CMB license to Shree Jay Jalaram, Inc. ("Corporation") d/b/a Citgo -
Pump Mart at 1118 N. Ninth Street; the Corporation's license was also renewed for the year 2005. In
November of 2005, the Corporation submitted the renewal application for their CMB license for the
year 2006.
The regulations relating to both initial and renewal CMB licensing are found in Salina Code Sections
5-91 through 5-104 and Article 27, Chapter 41 of the Kansas Statutes Annotated. The local code
provisions are consistent with the applicable state statutes.
Attached is the copy of the 2006 renewal application filed by the Corporation. Under Section 2 you
will see that Shobhnaben R. Mody is shown as the president and Bounty R. Mody as vice-president
of the corporation.
Pursuant to K.S.A. 41-2703(b), no retailer license shall be issued to:
"(5) A person who, within two years immediately preceding the date of application, has been
convicted of a felony for any crime involving moral turpitude, drunkenness, driving a motor
vehicle while under the influence or violation of intoxicating liquor law of any state of the United
States. . . . .
(8) A corporation, if any manager, officer or director thereof, or any stockholder owning in the
aggregate more than 25% of the stock of such corporation, has been an officer, manager or
director, or a stockholder owning in the aggregate more than 25% of the stock, of the
corporation, which: (A) Has had a retailer's license revoked under K.S.A. 41-2708 and
amendments thereto; or (B) has been convicted of the violation of the drinking establishment
act or the cereal malt beverage laws of this state. "
[See also Salina Code Section 5-94(4) and (6)].
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
01/23/2006
TIME
4:00 P.M.
AGENDA SECTION
NO:
ORIGINATING DEPARTMENT:
APPROVED FOR
AGENDA:
5
ITEM
NO. 1
Page 2 BY: Jason Gage
Contrarily to the application as signed under oath by S. R. Mody,
revealed the following convictions at the licensed premise in 2005:
CITY MANAGER
BY:
processing of the application
1/11/05
2/24/05
10/5/05
Bounty Mody was convicted on two counts of furnishing to a minor
Rasikbhai Maganlal Mody was convicted of aggravated sexual battery and sexual
battery (committed within the facility)
Rasikbhai Maganlal Mody was convicted with selling alcohol to a minor
Raskikbhai Maganlal Mody was convicted with selling alcohol to a minor
Citgo-Pump Mart was convicted with furnishing to minor (business responsible for
acts of employees)
Shrea Jay Jalaram, Inc. (corporation) was convicted with furnishing to minor
(business responsible for acts of employees)
6/22/05
6/22/05
6/30/05
Based upon this information, the City Clerk informed the applicant by the attached letter dated
December 22, 2005 that the 2006 retail cereal malt beverage license application was denied. By the
attached letter dated January 6, 2006 and filed on that same date in the office of the City Clerk, Mike
Sheahon, as counsel for the applicant, appealed the decision.
In response to the appeal letter from Mr. Sheahon, the City Clerk caused the letter dated January 12,
2006 to be hand delivered to Mr. Sheahon notifying him of the scheduled hearing, outlining the
convictions upon which the administrative denial was based, and offering the opportunity for a meeting
to inform staff of any other information relevant to the staff's administrative determination.
RECOMMENDED ACTION:
Denial of the applicant's appeal, thus upholding staff's denial of the renewal application in accordance
with Salina Code Sections 5-91 through 5-104 and Article 27, Chapter 41 of the Kansas Statutes
Annotated.
I RENEWALl
City of
~
Salina
For office use only:
Licensing Year: 2006
biullu fJv..£Ss£
Date Issued:
CEREAL MALT BEVERAGE LICENSE SUPPLEMENTAL WORKSHEET
:~:: :::: ::::E:~Q: ; ~8U::rt::~nth Slreet Sa!;na. KS 674010000 BUS' NESS P ~568~
CONTACT PERSON:Sobhnaben Modv PHONE NUMBER: 7854930822
MAILING ADDRESS FOR RENEWALS 1//6 . N. cl1-ÝJ 5'1. SA LeAf)... Ie- s '7 lL¡ D I
KANSAS SALES TAX NUMBER
(If just applied for, please write applied for in this space, if you need the forms; call 785-296-4937)
Principal enterprise of the business: ~ CON Vi. (3,.J c r: - Cj Roc E {Vj 577J f2E .
(Please specify: tavern, gro~ore, (¡fe, Private. cl~tC)
Date 0 CI- ~ I - 0 S- Signature -=:22 . <:If\. . mo, ..J .
APPLICANT: DO NOT WRITE BELOW THIS LINE
For Office Use Only:
Unopened Package Sales
~~~~~: ~Oo111~?d-J + ~a~~OOI~t~?~Õ?e ~~:¡V=dT~;al pa~j5.00
Certificate of Health Department
The sanitary faCilitiê.@ DO NOT}_~_~_~!!~~_rn!ni~~f11 requirements for handling and serving (FOOD I FQQI1~~_~~~
for (CONSUMPTION ON PREMISE ACKAG.E.SALE~~). \\
Date \\- \ LQ;~:)~ Health Official Î)~ \
--- - -h-Uh______h__.. -- _O'_-_u_--- --- -- - O----._u- "'----h---'U__'U_h__' "'__'h_.._.- --'----'---'--'--'.h---'_"_'hO.U_- --- --- -O___Uh_-
NEW APPLICATIONS ONLY.
Certificate of ZoninQ
I hereby certify that the above property is presently zoned District
permitted in this district.
. The above request (IS liS NOT)
Date
Zoning Official
.
----------------------------------------_u_--------------------_uo----------------------------------- .------ _u-----------_u_------------------
Certificate of Police Department
1.
The applicant (HAS/HAS NOT) been convicted of a felony within two year immediately preceding the date of making this
application.
2.
The applicant (HAS/HAS NOT) been convicted of a crime involving moral turpitude within two years immediately
preceding the date of making this application.
3.
The applicant (HAS/HAS NOT) been adjudged guilty of drunkenness within two years immediately preceding the date of
making this application.
4.
The applicant (HAS/HAS NOT) been adjudged guilty of driving a motor vehicle while under the influence of intoxication
liquors within two years immediately preceding the date of making this application.
The apPlica~AS NOT) been convicted of the violation of any state or federal intoxicating liquor law within two
years immediately preceding the date of making this applicationo
I hereby (APPROVE ~PPROV~s application.
Date' 1 Police Department ~ ~
5.
7/5/05
Kansas Sales Tax # () DLj - 1<:-0 6'18D / (, / F -0 t,
If you have not applied for a number,
please call the Kansas Dept. of Revenue ,s fonn prepaIed by the Anomey Genera"s Office)
form's line at 785-296-4937, (Corporate Application Fonn)
APPLICATION FOR LICENSE TO RETAIL CEREAL MALT BEVERAGES
,,~C! !'lY1 c
TO THE GOVERNING BODY OF THE CITY OF
or
COUNTY, KANSAS,
,,~ I in ()
, KANSAS,
THE BOARD OF COUNTY COMMISSIONERS OF
On behalf of the ~'r\(ef' :JCh{ Jalnlfo...vYì
corporation whose principal place of business is \\\<t; 1\1. qi..h ~DO:r-
and under authority of the resolution of the Board of Directors of said
col"j,oration, I hereby apply for a license to retail cereal malt beverages in confonnity with the laws of the State ¡of Kansas and the
rules and regulations prescribed and hereafter to be prescribed by your relating to the sale or distribution of cereal malt beverages on
behalf of said corporation; for the purpose of securing such license, I make the following statements under oath~
COUNTY, KANSAS,
L TheproposedlicenseeisSI-t,'2.f:i. JÄ'I ~LAr2AVv J::tv'L. 4.
corporation with principal place of business at
, II A ,N. AI t'fJl1-1 51' <;4 L[rJ~. le$ (,,14C> .
The resident agent is
with offices at
Said corporation was incorporated on ~
A copy of the Articles ofIncorporation~
file with the Register of Deeds of this County.
Yes('}J No( ).
2. The following is the full and complete list of officers,
directors, stockholders owning in the aggregate more than
25 percent of corporate stock, and managers of said
corporation together with their positions and addresses,
ages, dates of birth, places of birth, methods of acquiring
United States citizenship - if acquired by naturalization,
date and place of naturalization, and the length of residence
in the State of Kansas.
f("esi r\p'\t '3
"JHI)P,HrJA ß~N. 12. /Y)/).i>Y
ð - /6= (¡;d-.. In cLlú. ,
--¡€ó+ iY\.. Œh.ìcl':-j'iJ
V(C-~ Pre.s¡deh.-t-: Rc)\An~'1\. ýÌÌoJj
\1-q-lq~4- ~hì(,lI~.r) It
,t\\o..'-\\,L'íYÁ\f1Il--\\or\~
3. The premises for which the license is desired are located at
11If?, N ~JNll-1 Sí.
'::;AL-LNA. k<; C, 7401.
(a) The legal description of the premises is lk. I:":., t~/(7- 9
~ I:. 4l4'" W \lac., s} N L.oI- '9 I"'J~~OY\
(b) The street number is / " Ç?. G! -/-{-)
(c) The building is described as ~
(d) The corporate business under the license will be
conducted in the name of the corporation or in the
following name:
<.ïHt2..E"& 'Jl>.'f JALAe4W\ !'.NC
A license fee of$
n.," A"",..ðbyA"orn,yO""",..Ollk, 1.99
The name(s) and address(es) of the owner or owners of the
premises upon which the place of business is located is/are
II ~ '-f rvI LA j) AI'\1.,) f4'A-1>.
SL\l¡::/V'4.
5, I hereby certifY with regard to each of the persons named
in number 2 above the following statements are true:
(a) None of them has within the last two years from this
date been convicted of
(1) A felony
(2) A crime involving moral turpitude
(3) Drunkenness
(4) Driving a motor vehicle while under the
influence of intoxicating liqu¡>r
(5) Violation of any state or federal intoxicating
liquor law
If any of the above have been convicted of any of the
above, specified offenses, the details are set out hereinafter.
(b) No manager, officer or director or any stockholder owning in
the aggregate more than 25% of the stock of the corporation
has been an officer, manager or director, or a stockholder
owning in the aggregate more than Z5% of the stock of a
corporation which:
(A) has had a retailer's license revoked under K.S.A.
4].2708 and amendments thereto; or
(B) has been convicted of a violation of The Drinking
Establishment Act or the Cereal Malt Beverage
Laws of the State.
6. The place of business will be conducted by the following
manager or agent:
Name Bo U!\.ITt MOi>Y.
Address 1/ 0( Lj MGÀ i)A W1 S. f2k.'A]} .
Residence S t\ L rc~ .
Length of residence within this city or county in which the
application is being made ¡:::OU ~ 'I F'AR-!3 .
Method of obtaining U.S. citizenship together with date of
naturalization if such is the method NArU (LA LI.24 TtUN
Datc and place of birth J 1- 0 1 -ICj 'i?4
((-{[(¿litO'
I hereby certify that with regard to this above.named manager
the statement contained in number 5 above is in every respect
true. If not, the details are set our hereinafter.
7. This application is for a license to retail cereal malt beveråges
for consumption on the premises ( ). For a license to retail
cereal malt beverages in original and unopened containers and
not by consumption on the premises ()O.
7.~ 00 is enclosed herewith.
coPV CENTER O'TOPEKA, !Hc.. Top"" KS "603 ("'I "..66J)
1,
5i1
i HNAßfN.
R
c;: M r' .
on behalf of the above-named applicant, hereby agree to comply with all laws of the State of Kansas, and al1
rules and regulations prescribed, and hereafter to be prescribed by you, relating to the sale and distribution of
cereal malt beverages, and do hereby agree to purchase al1 cereal malt beverages from a wholesaler, licensed
and bonded under the laws of the State of Kansas, and do hereby further consent to the immediate revocation
of the cereal malt beverage license issued pursuant to this application by the proper officials for the violation
of any such laws, rules or regulations.
(Corporate Seal)
Sf-1R-Ec- ,JAY
(Corporation)
-1ALA(lAM.
By
'9 IR. IYleO~^1 .
(Signature and position of indiJidual making
application on behalf of cot¡1oration)
Attest:
(Secretary of Corporation)
STATE OF KANSAS, COUNTY OF
~cdln~
, ss.
I,
(5~ mo~
(~gnature an cIa! pOSition)
, of the
5H PEf JI}J J P LA pAM '(NameOfcorporatlon) ~t( .
swear that I have read the contents of this application, and that al1 information and answers herein contained are
complete and true. So help me God.
do solemnly
.~ tvL ~ .
(Stgnature an ICI poSItIon)
SUBSCRIBED AND SWORN TO before me this
ïth
doo5
'7th
day of
~v
,~~
My commission expires on the
APPLICA TION APPROVED this
By
day of
(Official posihon)
of
, Kansas,
(City or county)
Recorded in Volume
, at page
Department of Finance P-4dministration
Office of City Clerk :
Lieu Ann Elsey, City Clerk
300 West Ash Street, Suite 206
P.O. Box 736
Salina, Kansas 67402-0736
City of
~
Salina
ELEPHONE (785) 309-5735
FAX (785) 309-5738
TDD (785) 309-5747
e-mail: lieuann.elsey@salina.org
Website: www.salina-ks.gov
December 22, 2005
Shobhnaben R. Mody, President
Bounty R. Mody, Vice-President
Shree Jay Jalaram, Inc.
1118 N. Ninth Street
Salina, KS 67401
RE: 2006 Retail Cereal Malt Beverage License No. 2562
Dear Sir or Madam:
Your 2006 Retail Cereal Malt Beverage License renewal application for Citgo Pump Mart
located at 1118 N. Ninth Street has been denied. Your certified application submitted on
November 8, 2005 failed to disclose those convictions in response to that direct question on
the application.
According to records provided by the Salina Municipal Court, your establishment and
persons listed on the application have numerous recent convictions for violation of state or
federal intoxicating liquor laws.
If you would like to appeal this decision, you may submit your request in writing to me at the
address listed above. Your request for reconsideration will be forward to the Salina City
Commission. At that time a public hearing date will be set and notice of the date and time
will be given to you. If you have any questions, please do not hesitate to contact my office at
(785) 309-5735.
Sincerely,
..
cc:
Jason Gage, City Manager
Greg Bengtson, City Attorney
Jennifer Wyatt, City Prosecutor
Chief Jim Hill, Police Department
Shandi Wicks, Account Clerk II
LAW OFFICE OF
SWEET & SHEAHON
JAMES L. SWEET
MIKE SHEAHON
(785)825-0565
(785)825-2277
6 January 2006
City Clerk's Office
, Filed
06 JAN 9 AM9:57
Lieu Ann Elsey, City Clerk
City of Salina
300 West Ash Street, Suite 206
PO Box 736
Salina, KS 67402-0736
Re: Shobhnaben RI Mody
Bounty R. Mody
Shree Jay Jalaram, Inc.
1118 N. Ninth Street
Salina, KS 67401
2006 Retail Cereal Malt Beverage License No. 2562
Dear Ms. Elsey:
I represent above referenced individuals and Shree Jay Jalarm, Inc., and have reviewed your
letter to my clients of December 22,2005. On behalf of my clients, I am appealing this decision
and request that it be submitted to the Salina City Commission for reconsideration.
Please contact me if you have any questions or desire any further information.
Very truly yours,
f/\~
Mike Sheahon
MS:jm
Cc: Clients
110 SOUTH SEVENTH / P.o. BOX 813 / SALINA, KANSAS 67402-0813
FAX (785) 825-4763 EMAIL sslaw@Sslaw.kscoxmail.com
Department of Finance" \dministration
Office of City Clerk
Lieu Ann Elsey, City Clerk
300 West Ash Street, Suite 206
P.O. Box 736
Salina, Kansas 67402-0736
City of
!:i
Salina
ELEPHONE (785) 309-5735
FAX (785) 309-5738
TDD (785) 309-5747
e-mail: lieuann.elsey@salina.org
Website: www.salina-ks.gov
January 12,2006
Mr. Mike Sheahon
Law Office of Sweet & Sheahon
P.O. Box 813
Salina, KS 67402-0813
Re:
2006 Retail Cereal Malt Beverage License No. 2562
Shree Jay Jalaram, Inc. - 1118 N. Ninth Street
Dear Mr. Sheahon:
Please accept this letter of notification that the public hearing of the appeal you requested regarding
the 2006 Retail Cereal Malt Beverage License for Shree Jay Jalaram, Inc. has been set for January
23, 2006 at 4:00 p.m. in Room 107 of the City-County Building located at 300 W. Ash Street,
Salina, Kansas.
I have enclosed a copy of the license application that was submitted by Shobhnaben R. Mody on
November 8, 2005. Our administrative denial was based on the following convictions that have
occurred at this location:
1/11/05
2/24/05
10/5/05
Bounty Mody was convicted on two counts of furnishing to a minor
Rasikbhai Maganlal Mody was convicted of aggravated sexual battery and sexual
battery (committed within the facility)
Rasikbhai Maganlal Mody was convicted with selling alcohol to a minor
Raskikbhai Maganlal Mody was convicted with selling alcohol to a minor
Citgo-Pump Mart was convicted with furnishing to minor (business responsible for
acts of employees)
Shrea Jay Jalaram (corporation) was convicted with furnishing to minor (business
responsible for acts of employees)
6/22/05
6/22/05
6/30/05
If you are aware of any other infonnation relevant to our administration detennination, we would
like to meet with you and your client in advance of the public hearing. Please contact me at (785)
309-5735 to schedule an appointment.
cc:
Jason Gage, City Manager
Greg Bengtson, City Attorney
Jennifer Wyatt, City Prosecutor
Chief James Hill, Police Department
Shandi Wicks, Account Clerk II