ATTACHMENT A
Motion T & M Enterprises, Inc. dba Spirits of Alaska Alcoholic Beverage Package License and Municipal Conditional Use Permit The operation of Spirits of Alaska at 1149 Gambell Street (Lot 7A, Block 18A, South Addition) was severely detrimental to the tranquility, safety, and appearance of the neighborhood; The Fairview Community Council (FVCC) successfully opposed the renewal of the Alcoholic Beverage Control (ABC) Board-issued Alcoholic Beverage license #3556 for this location, but T & M Enterprises, Inc. has continued to pursue its legal options through litigation; The absence of the Spirits of Alaska operation since the non-renewal conditions in the immediate area;
of the license has greatly improved
The primary goal of the FVCC's efforts was to remove the operation and its detrimental Fairview, and not necessarily elimination of license itself;
side effects from
The Municipalityuf Anchorage, T & M Enterprises, Inc., and the ABC Board staff have proposed a solution to end the litigation without returning the operation back into Fairview and have asked FVCCto provide a resolution in support; and It is my understanding
that the community
supports the solution only if it includes the following conditions:
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1.
Complete surrender, vacation, and relinquishment ofthe municipal conditional use permit for alcoholic beverages at Lot 7A, Block 18A, Third Addition such that no alcoholic beverage uses requiring a municipal conditional use permit can be considered or allowed at the location unless processed as a new conditional use permit application, said surrender, vacation, and relinquishment to be confirmed in a validly recorded document filed with the Municipality of Anchorage and the State of Alaska District Recorder's Office.
2.
The alcoholic beverage license #3556 is not legally associated with the property at 1149 Gambell Street (Lot 7A, Block 18A, Third Addition) and cannot be used at that location.
3.
T & M Enterprises, Inc. or any of its principals, may hold an interest in the real property for a limited duration and solely for the purpose of allowing the alcoholic beverage license #3556 to be reactivated or renewed by the ABC Board for the purpose of its sale or transfer to an owner and location unaffiliated with 1149 Gambell Street (Lot 7A, Block 18A, Third Addition).
For these reasons, I move to support the proposed solution, in accordance with the above conditions, and send an executed version of this motion to the ABC Board staff and the Municipality of Anchorage, through its counsel, Dennis Wheeler. President, Fairview Community Council
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