The Kenai Peninsula Borough met Tuesday night to discuss the protest of a transferred liquor license.
According to KPB- 5789, this would request the formal Assembly to protest the Transfer of Controlling Interest Application filed by Harbor Gateway, about Gateway Liquor and Food Mart.
In a memo written to the Borough Clerk, the Finance Department had reviewed all relevant State of Alaska Licensing before being discussed at the Borough meeting.
The Finance Department has reviewed all relevant State of Alaska licensing and tax accounts related to Gateway Liquor and has found the following State of Alaska Business Corporation officials do not reflect the applicant’s name. The request for a transfer of controlling interest has been received from the change of James Pruitt (Deceased) to Tracie Williams.
However, Tracie Williams is not listed as an official on the State of Alaska records. The Finance Department recommended that under KPB, the Assembly cause a protest to be filed with the transfer of controlling interest for the liquor license listed.
In other words, the Finance Department recommends that the Assembly Authority authorize the Borough Clerk to withdraw the protest.
According to the executor of the estate Tracie Williams, she and her brother are transferring the liquor license with AMCO. As of January 30th, AMCO approved the transfer.
“The reason I’m with you tonight is to make the comments or to let you know where I stand with this and why I haven’t been able to meet KPB’s expectations of transfer, of changing the registered agents, and of changing the officials. The reason is, is that if we assign the shares now, then file the required notice of change of officials with the State Division of Corporations. We will be at risk of losing the corporation’s package store liquor license. The estate is transferring the controlling interest of the corporation to us, the heirs. Then it is considered a full transfer for licensing purposes and procedurally there has to be a transfer application filed and approved. The shares cannot be transferred until and unless Amco approves the transfer. The estate has not been closed yet and if I were to transfer the chair, the shares. Executing the assignments and filing the notice now, before A approved the transfer, I would place the license at risk of being lost. That would be a breach of my fiduciary responsibility as the personal representative.”
Considering that this was a laydown request, there were a lot of questions and concerns on what steps needed to be taken to properly address the issue.
After Borough Mayor Peter Micciche suggested that the item be tabled to gather more information, it was decided that KPB- 5789 would be revisited at another meeting.