Council says no to Tacos N’ More liquor license request

Several councilmen spoke out at Tuesday’s city council meeting against a proposed liquor license that Tacos N’ More, 19171 North John Wayne Parkway, is seeking for its restaurant. The major concern was that the restaurant was less than 300 feet from an elementary school.
Mercy and Jesus Vasquez submitted an application to the Arizona Department of Liquor Licenses & Control requesting they be allowed to serve beer at their establishment.

Theresa Morse, a liquor-licensing consultant, spoke on behalf of the applicants at the meeting. Morse, who said she spent 13 years at the Arizona Department of Liquor Licenses & Control, told council that the 300-foot rule (distance required from a church or school for an establishment to sell liquor) does not apply to restaurants. The ruling does apply to a bar, beer and wine bar or liquor store licenses.

In the application for the license Mercy and Jesus Vasquez said Tacos N’ More is located 150 feet from the nearest school and 2/10th’s of a mile from the nearest church, Church of Jesus Christ of Latter Day Saints.

“They (Mercy and Jesus Vasquez) have put their life’s savings into this place,” Morse said. “They just want to sell beer to compliment their food.”

According to paperwork submitted with the application for the liquor license, the restaurant can currently seat up to 40 patrons. Morse indicated that there is no bar inside the facility, and it is all dining room seating.

Councilman Joseph Estes expressed concern about selling liquor so close to a school.
“My concern is to allow a liquor license right across the street from an elementary school,” Estes said. Santa Cruz Elementary School is across the street from Tacos N’ More, while Maricopa High School sits a little farther down the road.

Councilman Edward Farrell asked what kind of precedent council would set for the city if they approved this liquor license request, figuring other establishments could make a similar request.

One resident demanded to know of council how many liquor licenses they have approved in the city. Council indicated that it thought the number was 12 to 15.

Estes then asked if council could recommend approval for the liquor license request with limited hours available to serve alcohol. After a brief discussion, Estes again expressed his concerns about the establishment’s proximity to the school. “My motion is to not recommend a liquor license so close to a school,” Estes said.

Council voted by a 4-2 margin to deny the liquor license request, noting that their motion could be overturned by the state liquor board, which has the final say on the application request.
Jesus Vasquez, who filled out the application with the name Jesus Vasquez Dominguez, provided information on an addendum to the questionnaire that he has been arrested three times for DWI.

Following his first arrest in 1983 in Texas, the charge was dismissed due to his successful completion of the Pre-Trial Diversion (PTD) program. Vasquez was arrested in Texas again in 1999 for DWI. The charges were later dismissed. In 2002 Vasquez was arrested on the 1999 DWI charge, with the charges being dismissed.

Since the arrests, Vasquez noted he has been a law-abiding citizen and was waiting for his ceremony to complete his naturalization process to be a U.S. citizen. Vasquez received applause at Tuesday’s meeting when it was noted he recently became a U.S. citizen.

Wes Kuhl, public information officer for the Arizona Department of Liquor Licenses & Control, said the board hears a case when the local governing body recommends disapproval of a liquor license.

“They (the liquor board) will listen to the governing body’s argument and the applicant’s argument to make a determination to issue the liquor license,” Kuhl said. “The board would normally hear the case approximately three months after the local governing body has made their recommendation.”

Asked if prior DWI charges for an applicant influence the board, Kuhl said the board will look at all the information provided in the application before ruling.

According to Kuhl, if the license is granted, the applicant can sell alcohol upon the issuance of the license when the final fees are paid.