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City of Independence
AGENDA ITEM COVER SHEET
Failed

Agenda Title:

  1. Council action is requested on the application received from Himalayan Petro LLC, doing business as Stop & Shop #1, for a Retail Selling of Intoxicating Liquor of All Kinds in the Original Package for the convenience store at 151 W. US 24 Highway.

Recommendations:

The Police Department does not recommend approval of this liquor license due to numerous complaints of the sale of age-restricted materials to minors.  As recently as June 2021 this establishment failed a compliance check for the sale of tobacco products to minors.  The Liquor License Officer concurs with the Police Department and does not recommend approval of this license. 

Executive Summary:

The applicant is requesting City Council approval to sell intoxicating liquor in the original package.  The applicant has also applied for a Sunday Sales license, and should this application be approved by City Council; staff will administratively approve that license. 

Previous Activity:

On January 6, 2020, the City Council denied the application received from Liberty Food Mart LLC DBA Stop & Shop for Intoxicating Liquor in the Original Package License located at 151 W US 24 Hwy.
Background:

Applicant: Himalayan Petro LLC

Name of business: Stop & Shop #1

Business Address: 151 W US 24 Highway

Size of establishment (includes outdoor patio space if applicable): Stop & Shop #1 operates within approximately 2,600 square foot convenience store.

Liquor License Types: Selling Intoxicating Liquor in the Original Package and Sunday Sales

Types of Alcohol to be sold/served: Package liquor of all types.

History of any liquor license at this location; if a new building provides a brief update on the construction: City Council has previously denied liquor license applications for this location in 2017 and 2019.  Over the years several convenience stores have occupied this space.  Several business license applications have been denied for similar businesses at this site as well.  The applicant attested in their application that this location will have alcohol sales that meet the City’s Alcoholic Beverage Code for this license type.

Location proximity to residential, school and church: There are no churches or schools within 300 feet of the proposed premises, however, there is residential property within that area according to the City’s mapping system.  For this reason, the City Council must approve this application. 

Managing Officer Information and results from background check: The proposed business is an LLC whose sole member is Prabhat Pokharel.  The LLC has appointed Ms. Stisha L. Burton the Managing Officer for purposes of this liquor license.  Ms. Burton serves is similar roles for several other licenses issued by the Missouri Liquor Control.  The background investigation conducted by the Missouri State Highway Patrol on both Mr. Pokharel and Ms. Burton revealed they both meet the requirements of the Alcoholic Beverages code.  Applicable City Departments reviewed the application, and the attached Inspection Report includes their comments.

Department:          Community DevelopmentContact Person:          Tom Scannell


REVIEWERS:
DepartmentAction
Community Development DepartmentApproved
Finance DepartmentApproved
City Managers OfficeApproved
City Clerk DepartmentApproved

Council Action:          Council Action:         

ATTACHMENTS:
DescriptionType
Redacted Himalayan Petro ApplicationBackup Material
Inspection ReportBackup Material
Letter Opposing ApplicationBackup Material
Zoning mapBackup Material
Aerial MapBackup Material
Handout During MeetingBackup Material