budget, finance & legal - shelbyal.com

SHELBY COUNTY COMMISSION

JANUARY 28, 2019MINUTES

STATE OF ALABAMA

COUNTY OF SHELBY

The Shelby County Commission of Shelby County, Alabama, met at the County Administration Building inthe City of Columbiana, Alabama, at 6:00 P.M., Monday, January 28, 2019. The meeting was called to orderby Commissioner Parker. The invocation was given followed by the Pledge ofAllegiance. Roll was calledand the following members were present:

PRESENT

Commissioner Lindsey AllisonCommissioner Elwyn BeardenCommissioner Robbie HayesCommissioner Kevin Morris

Commissioner Jon Parker

Commissioner Rick ShepherdCommissioner Mike Vest

Commissioner Ward Williams

ABSENT

Commissioner Tommy Edwards

APPROVAL OF MINUTES OF JANUARY 14, 2019RESOLUTION 19-01-28-01

MOTION: Commissioner Shepherd-Motion to approve the Minutes from January 14, 2019 aspresented

SECOND: Commissioner Williams

VOTE ON MOTION: Unanimous MOTION CARRIED

APPROVAL OF BILLS, REQUISITIONS, AND CHECK REGISTERGOVERNMENTAL FUNDS AND PROPRIETARY FUNDS

RESOLUTION 19-01-28-02

MOTION: Commissioner Hayes - Motion to approve the Bills, Requisitions and CheckRegister for Government and Proprietary Funds

SECOND: Commissioner ShepherdVOTE ON MOTION: Unanimous MOTION CARRIED

BUDGET, FINANCE & LEGAL

PLANNING AND ECONOMIC DEVELOPMENT

ALCOHOL BEVERAGE LICENSE - SHELBY COUNTRY CORNER


MOTION: CommissionerMorris - Motion to approve Resolution 19-01-28-03 as presentedSECOND: Commissioner Allison


RESOUTION 19-01-28-03

Case No. A19-001 Shelby Country Corner(NEW- 070 Retail Table Wine-Off Premises only)

WHEREAS, Mr. Anish Noorani, Hemin International Inc., has submitted the attached documentation insupportof a new applicationrequest for a 070 Retail Table Wine (Off Premises Only) license for ShelbyCountry Comer for the retail sale ofalcoholic beverages at a convenience store located at 4155 Hwy 47,Shelby,AL, 35143; and,

WHEREAS, ShelbyCountry Comer is located in an unzoned area and is not subject to the Zoning OrdinanceofShelby County; and

NOW, THEREFORE, BE IT RESOLVED, that Case No. A19-001, an application by Mr. Anish Noorani,Hemin Intemational Inc., a new application request for a 070 Retail Table Wine (Off Premises Only) licensefor ShelbyCounty Comer for the retail sale of alcoholicbeverages at a conveniencestore is hereby approved.

ALCOHOL BEVERAGE LICENSE - SPRING CREEK GROCERY


MOTION: Commissioner Morris - Motion to approve Resolution 19-01-28-04 as presentedSECOND: Commissioner Allison



WHEREAS, Ms. Anish Noorani, SpringCreek Groceries Inc., has submittedthe attached documentationinsupport of a transferapplication request for a 050RetailBeer (OffPremises Only) andan 070-Retail TableWine (Off Premises Only) license from Kim Investment, Inc, for Spring Creek Groceries, Inc. for the retailsale ofalcoholic beverages at a convenience store located at 4634 Hwy 71, Shelby AL ,35143; and,

WHEREAS, Spring Creek Grocery is located in an unzoned area and is not subject to the Zoning OrdinanceofShelby County; and

NOW, THEREFORE, BE IT RESOLVED, that Case No. A19-002, an application by Ms. Anish Noorani,Spring Creek Groceries, Inc., for a transfer application request for a 050-Retail Beer (Off Premises Only) and a070 Retail Table Wine (OffPremises Only) license from Kim Investments, Inc. for Spring Creek Grocery topermit the retail sale of alcoholic beverages at a convenience store is hereby approved.

ALCOHOL BEVERAGE LICENSE - SPRING CREEK PACKAGE STORE


MOTION: Commissioner Morris - Motion to approve Resolution 19-01 -28-05 as presentedSECOND: Commissioner Allison



WHEREAS, Mr. Anish Noorani, Spring Creek Groceries Inc., has submitted the attached documentation insupport of a transfer application request for an Oil Lounge Retail Liquor- Class II Package License from KimInvestment, Inc, for Spring Creek Package Store for the retail sale ofalcoholic beverages at a package storelocated inside a convenience store located at 4634-B Hwy 71, Shelby AL ,35143; and,

WHEREAS, Spring Creek Package Store is located in an unzoned area and is not subject to the ZoningOrdinance ofShelby County; and

NOW, THEREFORE, BE IT RESOLVED, that Case No. A19-003, an application by Mr. Anish Noorani,Spring Creek Groceries, Inc., for a transfer application for an 011 Lounge Retail Liquor-Class n Packagelicense from Kim Investments, Inc. for Spring Creek Package Store to permit the retail sale ofalcoholicbeverages at a package store located inside a convenience store is hereby approved.

MOTION TO WAIVE THE RULES TO BRING UP ITEM NOT ON AGENDEA


MOTION: Commissioner Allison - Motion to bring up item not on the agendaSECOND: Commissioner Bearden


RESOLUTION 19 - 01 - 28 - 06

Motion to waive the rules and add an action item to the County Commission meeting agenda on January 28,2019 applicable to the Central Alabama Partnership on Training and Employment (CAPTE) WorkforceDevelopment Board

CAPTE BOARD APPOINTMENT


MOTION: Commissioner Allison - Motion to approve Resolution 19-01-28-06 as presentedSECOND: Commissioner HayesVOTE ON MOTION: Unanimous MOTION CARRIED

RESOLUTION 19 - 01 - 28 - 06

WHEREAS the Shelby County Commission has two appointments to the Central Alabama Partnership onTraining and Employment (CAPTE) Workforce Development Board to assist with the planning andimplementation of workforce development programs that serve residents and businesses in the six countyregion through federal funding provided by the Workforce Innovation and Opportunity Act (WIGA);

BE IT RESOLVED, that the Shelby County Commission hereby accepts the attached board interest form andappoints Melody Whitten to serve on the Central Alabama Partnership on Training and EmploymentWorkforce Development Board with an effective date ofJanuary 28,2019. The County Commission Chair orCounty Manager is authorized to execute any actions or agreements associated with the CAPTE board, itsoperations and any related workforce development or readiness actions on behalf of the Shelby County and theCounty Commission.

COMMISSIONER MORRIS EXITED THE MEETING AT 6:37 P.M.

GENERAL SERVICES

It is understood and agreed that no changes in this Resolution or Agreement shall in the future bemade without having obtained the prior approval of the Federal Highway Administration.

MOTION TO ADJOURN


MOTION: Commissioner Hayes ~ There being no further business to come before theCommission, move to adjourn this 14th day of January, 2019 at 8:58 A.M.

SECOND: Commissioner ShepherdVOTE ON MOTION: Unanimous MOTION CARRIED

READ & APPROVED;

NDSlCOMMISSIONER LINDSEY ALLISON

SSIONER ELWYN BEARDEN

COMMISSIONER T EDWARDS

SIONER ROBBIE HV^YES

ER KEVIN MORRIS

COMMISSIONER JON PARKER

COMMISSIONER RICK SHEPHERD

COMMISSIONER MIKE VEST

COMMISSIONER WARD WILLIAMS

REPORT TO THE SHELBY COUNTY COMMISSIONFrom the Department of Development Services

Planning Services

January 28,2019

Case No. A19-001 Shelby Country Corner

(NEW - 070 Retail Table Wine- OffPremises Only)

ACTIONREQUESTED

Mr. Anish Noorani, Hemin International Inc., has submitted the attached documentationin support of anew application request for a070 Retail Table Wine (OffPremises Only)license for Shelby Country Comer.

The applicant states that the facility is aconvenience store operating from 5:00 a.m. until10:00 p.m., seven days per week. This facility, Shelby Country Comer, is located at 4155Hwy 47, Shelby, AL 35143. The subject property is in an unzoned area ofShelbyCounty. Shelby Country Comer is located inCounty Commission District 1,Commissioner Morris's Districts.

Therehave been three licenserequests for this site since2002.

The County Engineer's report has verified that the facility is an existing site, has accessvia Shelby County Roads 42 and 47. No drainage problems have been observed on thesite.

The Shelby Fire District reports that the subject facility does have an adequate watersource to permit the effective use offirefighting equipment. The facihty does haveadequate personal safety equipment; such as smoke alarms, fire extinguishers, lighted fireexits and lighted fire exit signs.

Attached is a copy ofthe definitions for a "070 Retail Table Wine", as defmed in theAlabama ABC Board Rules and Regulations.

It should be noted that subject tothe decision ofthe County Commission, this applicationwill be forwarded to the State ABC Board and the State of AlabamaHealth Departmentfor further processing, review and approval.

This ABC license application may be approved, denied orrevoked, by the State ABCBoard, pending ABI (Alabama Bureau ofInvestigations) and the FBI (Federal Bureau ofInvestigations) results.

-4-

99

0

4U

lti

40

05

40

85

41

26

10

93

11

09

42

41

99

42

02

'

^*

42

71

43

50

A19

-001

She

lby

Co

un

try

Cor

ner

Aer

ial

1-1

02

1

*

i\rr

t;S

-?

^•""

''^û

JJT

J^S

JTS

SJS

S^S

nS

ura

cro

fSaw

leeO

snrl

e^n

"'n

matei

iHa-r

tr«^

a.lâ

ôno

rUar

Ml-

nmsd

aaw

la®^

hfl>h

uriMi

nlV1an

fltnfo

rmalion

EnsmaenB

gwSu'wr

ingpuipM

BiSMPr

Counrifite

cwcarva

acarr*a

iwgrare

ei.agrro

wrnptc

dtagjBai

aamgeoi

iTxrtSf

«ib*Ccu

mvarc«ii

ae.(far*»

>o-««pcr

a«»eta-i

«o

nei

Dy

oo

un

iyu

an

ain

TO

rmai

lOli

n—nT

t-"t

——

"Tf*•

—n«

nyg«

wfw

»aon

tttW

O'fl

c4ta

k«i'»

rsia

Tcs

or>m

<»af

tm»n

iC

UM

Ptl

niao

-O

lilM

cTO

lO

STATE OF ALABAMAALCOHOLIC BEVERAGE CONTROL BOARD

ALCOHOL LICENSE APPLICATION

Confirmation Number: 20190103111046753

Type License: 070 • RETAIL TABLE WINE (OFF PREMISES ONLY) State: tiw.oa County: $75.00

TypeLicense: State:

Trade Name: SHELBY COUNTRY CORNER

Applicant: HEMIN INTERNATfONAL INC

Location Address: 4155 HWY 47 SOUTH

Mailing Address; p Q BOX209 SHELBY. AL 35143

Countj-: SHELBY Tobacco sales: YES Tobacco Vending Machines: 0Type Ownership: CORPORATION

Book, Page, or Document info: 2011101000326410

Date Incorporated: n/oV2011 State Incorporated: AL Count)- Incorporated: SHELBY

SHELBY. AL 35143

County:

Filing Fee: $50.00

Transfer Fee:

Date of Autborlt)-: 11/01/2011

Federal Tax ID: 453644773

Alabama State Sales Tax ID; R007925592

ANiSH NUUIIANIl«Mil6-AL

PRESIKMT m\muSURAT. INDIA

21«AAB0ftMIU PKWVHOOVER, AL 35244

Has applicant complied witli financial responsibility ABC RJl 20-X-5-.I4? YESDoesABChaveany actions|jendtng again.st tliecurrent licensee? NOHas anyone, including manager or applicant, had aFederal/State permit or license suspended or revoked? NOHas a liquor, wine, malt orbrowed license for these premises ever been denied, suspended, or revoked? NOAre the applicant(s) named above, the only person(s), in any manner interested in the business sought to belicensed? YES

Arc any ofthe applicants, whether individual, member ofa partnership orassociation, orofficers anddirectors ofacorporation itself, in any manner monetarily interested, either directly or indirectly, in theprofits ofany other class ofbusiness regulated under authority of this act? NODoes applicant own orcontrol, directly or indirectly, hold lien against any real or personal property which isrented, leased orused inthe conduct orbusinc.ss by the holder ofany vinous, mall orbrewed beverage, ordistilled liquors permit or license issued under author!^ of this act? NOIs^plicant receiving, either directly orindirectly, any loan, credit, money, orthe equivalent thereof from orthrough asubsidiary orafTiliate or other licensee, or from any firm, association orcorporation operatingunder orregulated bytheaiilhorily of this act? NO

Contact Person; ANISH NOORANIBusiness Phone: 205-670-0694

Fax:

PREVIOUS LICENSE INFORMATION:

Trade Name: ALLEN FOOD MARTApplicant: HEMIN INTERNATIONAL INC

Home Phone: 205-987-2797Cell Phone: 205-317-5904E-mail:[email protected]

Previous License Number(s)License 1: 000749758License 2:

-8-



Contirmation Number: 20190103111046753

Ifapplicant is leasing the properly, is a copy of ihc lease agreement attached? YESName ofProperty owner/lessor and phone number: SPRING CREEK PROPERTIES LLC 205-317-5904What ivS lessors primary business? REAL ESTATEIslessor involved inany way with the alcoholic beverage business? YESIs there any further interest, t>r connection with, ilie licensee's business by the lessor? NO

Does the premise have a fully equipped kilchcn? NOIsthe business used to habitually and principally provide food tothe public? NODocs the establishmenthave rcstroomfacilities? YESIs the premise equipped with services and facilities for on premises consumption ofalcoholic beverages? NO

Will the business beoperated primarily asa package store? NOBuilding Dimensions Square Footage: 3400 Display Square Footage:Building seating capacity: 0 Docs Licensed premises include a patio area? NOLicense Stnicture: SINGLE STRUCTURE License covers:ENTIRE STRUCTURELocalion is within: COUNTY Policeprolcclion:COUNTY

Has any person(s) with any interest, including manager, whether us sole applicant, officer, member, orpartner twcn charged (whether convicted ornot) ofany law vioIation(s)?Name: Violation& Date: Arresting Agency; Dbposilion:

-9-




lni(i$il each Signature page

in idferencfi to law violalxjns. 1attest to Uie tnithfatness otthe feiponaei given within the appicalion.In reference to the Loasefproporly ownoishlp. Iellesl to the trulhfulnees of tlw respcnsw given wilWnthe sppKcalion.

In refBrorwe to ACT No. 80-529, tunderjtand that If my application Is denied or tfisconlinued, 1will not berefundedIhe rang fee required by Ihis applcation.

In reference to SpecW Retail orSpecial Events relai license. Iagree tocomply w>h all applicable laws andregulations concemlng this class of fconte. and to observe the spectal terms and condelons asindicatedwithin the appttcalxm.

tnreference to the Club Apphcalion Information. Iattest totheIrulhlulrTess Of Ihe responses givenwlhln the eppUcaltcn.

In reference tothetransferofIScenseflocalion. IelWit to the IrulWulrrets ofthe Information listed ontheattached transfer agreement.

tnaccordance with Alabama Rules &Regutalloo# 20-X-S-.01<4), any socolsocorlly nomber disclosedunder this regulation shall be used for the purpcee of investtgatier) or veriOcalion by the ABC Boardand shall not tw a matter ^ pvMferecord.

The undersigned agree, if alicerue is issued as herein appted for, to compty at Mtimes wUh and to fu%fobserve all the proVolora of Ihe Alabama AkohoSc Beverage Control Act. asappears In Code of Alabama.Title 28. andaB laws ofIhe St«e ofAlatsama relative toIhe handttng ofalcoholic beverages.The undersigned, if issued a ficonsa asherein reqo«ted, further agrees to obey al rules and regulaliorispfomulgafed by the board relatlva to ell alcoholic beverages received in ttiis Slate. The undersigned,if bsued a license asherein requested, also agrees toalltw and hereby invtes duly aulhotlied agenu ofthe Alabama AJcoholic Beverage Control Board and any duly commlisloried law eirfercement officer ofthe Stale. County orMunicipality in wWch Uie bcerae pramlses are tocaied lo ertter and search withoutawarrant the Bcenied premises « any hulWIng owned oroccupfed by htm or her in connection wIBisaid Hcensed pramisw. The urxferslgned hereby understands that he or she vletete any provisions of theaforomenliooed taws his orher license shal besubject lorevocation and no license can be again issuedto said Icertsee for aperiod of one year. The underslgoed fonber understands and agrees that no changesIn Ihe manner of operation and no doletton or discontinuance of any services or facrttw as deKribed in Ihhappllcalton win be aaowed wtlhoul written approval of Uw proper governing body and Ihe AlabamaAlcoholic Beverage ConltolBoard

IIhereby swear and atfiim lhal lhive read IM aw)bcai>on and all sUlemonls therein and facls set forth are trueand correcl. and that tt* appfcanl n the only person Interested So thebusiness for which tt« llcanseIs required.

i

CXZ]

[ZXZ]

X

5i

AppilcamName'{print):i-A^

Signature of Applicant; cr-

Notary Name (print):

NotarySignature:

Application Taken: t App. Inv.Completed:Submitted to Local Government:Received in District Omce: Reviesved by Supervisor:

-10-

Commission expHres;\Q-M-S.'9—

Forwarded to District Omce:

Received from Local Government:Forwarded to Central Ofllce:


ALCOHOL LICHNSe APMl ICAl ION

Cunflrmation Number: 20190103111046753

Prhatc Clubs / Special Retail/ or Special Events licenses ONLY

Private ClubDocstheclub charge andcollect duesfrom electedmembere?Number ofpaid up members:Arc meetings regularly held?How often?

is business conducted through officers regularly elected?Aremetnbers admitted bywritten application, invesiigaiiou, and ballot?Has Agentverifiedmembership applications for eacbmember listed?Hasat IcjKl 10% of members listed been confinned and higblighlcd? Agent's Initials:For what purpose is the cluborganized?Does the property used, aswell asthe advantages, belong toall the members?Do the operations ofthe club benefit any individual mcmber(s), officcr(s), directors), agcnt(s), oremployee(s) ofthe clubrather than to benefit oftbe entire meml>ership?

Special RetailIs it for 30 days or less?More than 30 days?

Franchisee or Concessionaire of above?

Otitervalid responsible organization;Explanation:

SpecialEvents / Special Retail(7 days or less)Starting Date: EndingDale:Special terms and conditions for special cvcnt/spccial retail:

Other ExplanationsIs thelessorinvolved in any way with the alcohol beverage business?; Mcmbert ofSpring Creek Properties LLC operates covenience store

-11-

REPORT TO THE SHELBY COUNTY COMMISSIONFrom the Department of Development Services

Planning Services

January 28,2019

Case No. A19-002 Spring Creek Grocery

(Transfer - 050-Retail Beer, OffPremises Only)(Transfer - 070-Retail Table Wine, OffPremises Only)

ACTIONREQUESTED

Mr. Anish Noorani, Spring Creek Groceries Inc., has submitted the attacheddocumentation insupport ofa transfer application request for an 050- Retail Beer (OffPremises Only) and an 070- Retail Table Wine (OffPremises Only) license iBrom KimInvestment, Inc., for Spriug Creek Grocery.

The applicant states that the facility is a convenience store operating from 5:00 a.m. until9:00 p.m., Monday through Thursday; from 5:00 a.m. until 10:00 p.m., Friday andSaturday and from 7:00 a.m. until 9:00 p.m. on Sunday. This facility, Spring CreekGrocery, is located at 4634 Hwy 71, Shelby, AL 35143. The subject property is in anunzoned area ofShelby County. Spring Creek Grocery is located inCounty CommissionDistrict 1, Commissioner Morris's Districts.

Therehavebeen four license requests for this site since2002.

The County Engineer's report has verified that the facility is anexisting site, has accessvia Shelby County Road 71. No drainage problems have been observed on the site.The Shelby Fire District reports that the subject facility is in need ofa fire hydrant onlocation topermit the effective use offirefighting equipment. The facihty does haveadequate personal safety equipment; such as smoke alarms, fire extinguishers, lighted fireexits and hghted fire exit signs.

Attached is a copy ofthe definitions for "050- Retail Beer (OffPremises Only)" and a"070- Retail Table Wine (OffPremises Only)", as defmed inthe Alabama ABC BoardRules and Regulations.

It should benoted that subject to the decision of the County Commission, this apphcationwill be forwarded to the State ABC Board and the State of Alabama Health Departmentfor further processiag, reviewand approval.

This ABC license application may beapproved, denied orrevoked, by the State ABCBoard, pending ABl (Alabama Bureau ofInvestigations) and the FBI (Federal Bureau ofInvestigations) results.

-13-

o> I

Cre

ek

Aer

ial «

hard

inra

nch

Lan

dIn

form

ati

on

©Sh

elby

Coun

tyD

ale

Pri

med

;0

1/0

7/2

01

9

16

41

64

47

47

spri

ng

46

50

46

50

SH

EIL

AP

OIN

T

Use

this

(em

aty

ou

row

nr

torL

egal

.Eng

inee

ting

or5

cons

cquo

rtcc

sca

use

dby

c

ayn

rkv

/tcru

raev

ISno

touo

rant

eed

lora

nvre

ason

.Tl

ierT

taie

riala

ndnl

oim

alio

ncon

latfi

edin

ilus

docu

men

tisp

rovk

Jed

torg

Bncr

alin

form

aiion

only

ands

houl

dno

lbeu

sed

w"P

tess

o.m

.pMleg

aiduK

iihisd

ocum

siu.S

hcliy

Coum

y6cw

ikabts

and/o

ricspo

nsiW

clor

iheby

Ofr^

lcd

lo.m

anyw

ay,t

heac

iions

lako

orm

*lak

einr

elia

nce

onth

isdo

cum

enL



Confirmation Niiinber; 20190103101346349

TypeLicense; 050 • RETAIL BEER (OFF PREMISES ONLY)

Type License: 070 - RETAIL TABLE WINE (OFF PREMISES ONLY) State;

Trade Name: SPRING CREEK GROCERIES

Applicant: SPRING CREEK GROCERIES INC

Location Addrcss:4634 HWY 71 SHELBY, AL 35143

Mailing Address: p O BOX 209 SHELBY. AL 35143

County: SHELBY Tobacco sales: YES Tobacco Vending Machines: 0Type Ownership: CORPORATION

Book, Page, or Document info: 2011101000326410

Date Incorporated: n/01/2011 Slateincorporated: AL County Incorporated: SHELBY

state: County:

County:

Filing Fee:

Transfer Fee: $100.00

Dale ofAuthority: 11/01/2011


Alabama State SalesTax ID: R007925592

jxnmc:ANISH NOORANl

mtm- ALntesioeMi KVOUia/4

SURAT. INDIA212S AftfeOH HILLKKWVHOOVER, AL 352-14

Has applicant complied with financial responsibility ABC RR 20-X-5-.I4? YESDocs ABC have any actions pending against the current licensee? NOHas anyone, including manager or applicant, had aFederal/State permit or license suspended or revoked? NOHas a liquor, wine, molt or brewed license for these premises ever been denied, suspended, or revoked? NOArc the applicant(s) named above, llie only persoii(s), in any manner Interested in the business sought to belicensed? YESAre any ofthe applicants, whether individual, member ofapartnership or association, or officers anddirectors ofacorporation itself, in any manner monetarily interested, cither directly orindirectly, in theprofits ofany other class ofbusiness regulated under authority ofthis act? NODoes applicant own or control, directly or indirectly, hold lien against any real or personal property which isrented, leased orused in the conduct ofbusiness by the holder ofany vinous, malt or brewed beverage, ordistilled liquors permit or license issued under authority ofthis act? NOIs applicant receiving, either directly or indirectly, any loan, credit, money, or the equivalent thereoffrom orthrough asubsidiary or affiliate or other licensee, or from any firm, association orcorporation operatingunder or regulated by the authority of this act? NO

Contact Person: ANISH NGGRANIBusiness Phone: 205-670-0694Fax:

PREVIOUS LICENSE INFORMATION:

Trade Name; SPRING CREEK GROCERYApplicant: KIM INVESTMENT INC

-17-

Home Plionc: 205-987-2797Cell Phone: 205-317-5904E-mail:[email protected]

Previous License Number(s)License 1:0100978058License 2:010970058




Ifapplicant Is leasing the property, isa copy ofthelease agreement attached? YESName of Properly owner/lessor and phone number; SPRING CREEK PROPERTIES LLC 205-317-5904Wlml is lessors primary business? REAL ESTATEIs lessor Involved inanyway with the alcoholic beverage business? YESIs there any further interest, or connection with, the licensee's business by the lessor? NO

Does lite premise have a fully equipped kitchen? NOIs the business used to habitually and principally provide food to thepublic? NODocs the establishment have restroom facilities? YESIsthe premise equipped with services and facilities for onpremises consumption ofalcoholic beverages? NO

Will thebusiness beoperated primarily asa package store? NOBuilding Dimensions SquareFootage: 3400 Display SquareFootage:Building seating capacity: 0 Does Licensed premises Include a patio area? NOLicense Structure: SINGLE STRUCTURE License covers: ENTIRE STRUCTURELocation is within: COUNTY Police protection: COUNTY

Has any person(s) with any interest, including manager, whether as sole applicant, officer, member, orpartnerbeencharged (whether convicted or not)of any lawviolation(s)?Name: Violation & Date: Arresting Agency; Disposition:

-18-

Initial each

E•¥-m:

X

X

E:



Confirmation Number; 20190103101346349

Signature page

In reference tolaw vlolalions, Iallest lollie Irulhlulness ofIhe responses fliven within theapplicallon.In reference lothe Lease/property ownership, Iollesl tothe IruthfiJlncss ofthe responses given withinthe application.

In reference loACT No. 80-529,1 understand that If my application isdenied ordiscontinued, Iwll not berefunded Ihefiling fee required bythisapplicallon.

In reference lo Special Retail or Special Events retail license, 1agree lo comply with all applicable laws andregulations concerning this class of license, and to observe the special terms and cofKlitions asIndicatedvirithin Ihe appiicalion.

In reference tothe Club AppHcation Information. Ialtesl lothe truthfulness ofIhe responses givenwithln.the applicallon.

inreference lothe transfer oflicense/locsllon, Iallest lothetrulhfulness oftheinformation listed ontheattached transfer agreement.

In accordance wilh Alabama Rules &Regulations 20-X-5-.01{4). anysodalsecuritynumtwr disclosedunder this regulation shall beused for the purpose ofinvestigation orverification by Uje ABC Boardand shall not be a matter of publicrecord.

The undersigned agree. If a license isissued asherein applied for. tocomply atall times with and tofullyobserve all the provisions olthe Alabama Alcoholic Beverage Control Act, asappears In Code ofAlabama.Title 28,andall laws oftheSlateofAlabama relative tothehandling ofalcoholic beverages.The undersigned. If issued e license asherein requested, further agrees loobey all rules and regulationspromulgated by the board relative lo ail alcoholic beverages received In this Stale. The undersigned,if issued a license asherein requested, also agrees toallow and hereby Invites duly authorized agents ofthe Alabama Alcohc^ic Beverage Control Board end eny duly commissioned law enforcement officer ofIhe State, County orMunicipality in which Ihe license premises are located lo enter and search vWlhouta watranl the licensed premises orany building owned oroccupied byhim orherinconnection wilhsaid licensed premises. The undersigned twreby understands that heorshe violate any provisions oftheaforementioned laws hisorherlicense shall besubject torevocation andnoScense canbe again Issuedtosaid licensee for a period ofone year. The undersigned further understands and agrees that no changesin the manrar of operation and no deletion or discontinuance of any services or facrtrties asdescribed In thisappiicalion win beallowed without wrrtlen approval olIhe proper governing body and the AlabamaAlcoholic Beverage ControlBoard.

I Ihereby swear and affirm that Ihave read the applicallon and all slalemenU therein and facts set forth are Irueand correcl, and that the applicant isIhe only person interested in the business for which thelicense

Applicant Name (print); IWlicVISignature of Applicant:

Notary Name (print): WejTvciviNotary Signature;

Application Taken: App.Inv.Coropicted:Submitted to Local Government:

Received in District Office: Reviewed by Supervisor:

-19-

Commission expires:

Fonvarded to District Office:Received from Local Government:

Fonvarded to Central Office:




Private Clubs / Special Retail / or Special Events licenses ONLY

Private ClubDocstljc ciiib charge andcollect dues from elected members?Number of paid up members:Arc meclings regularly held?How often?

Is business conducted through officers rcgtilnrly elected?Arc members admitted bywritten application, investigation, and ballot?Has Agent verified membership applications for each member listed?Has at least 10% of members listed been confinned and Iiiglilighled? Agent's Initials:For what purpose is the cluborganized?Does the property used, aswell as the advantages, belong toall the members?Do the operations ofthe club benefit any individual memberfs), ofTlcerfs), direotorfs), agent(s), orcmployec(s) of the club rather than tobenefit ofthe entire membership?

Spcclnl RetailIs it for 30 days or less?More than 30 days?

Franchisee or Concessionaire ofabove?

Other valid responsibleorganization:Explanation:

Special Events / Special Retail (7daysor less)Starling Date: EndingDate:Special terms and conditions for special event/special retail:

Other ExplanationsIs the lessor Involved in any way with the alcohol beverage business?: Memberl ofSpring Creek Properties LLC operates covenience store

-20-

STATE OF ALABAMAALCOHOLIC BEVERAGE CONTROL BOARDConfirmation Number: 20190103101346349

NOTICE OF TRANSFER OF ABC LICENSED BUSINESS

NOTE: A Copy of Operating Agreement Must be Attached To Application

CURRENT LICENSEE;

KIM INVESTMENT INCAddress: 4634 HWY 71

SHELBY. AL 35143Telephone: 205-563-9384

NEW APPLICANT;

SPRING CREEK GROCERIES INCAddress: p o BOX 209


Current License No: 010097805B010978058

LICENSED PREMISES ADDRESS: 4634 HWY 71 SHELBY, AL 35143

THE AFORENAMED HEREBY SERVE NOTICE TO THE ABC BOARD OF THE ATTACHEDCONTRACTUAL AGREEMENT GOVERNING THE CONTINUATION OF SALES OF ALCOHOLICBEVERAGES ON THE LICENSED PREMISES.

TheParties to this agreement hereby acknowledge and affirm thatthe New (Applicant) Licensee will,at all times, act as the AGENT for the Current (Named) Licensee, and the Current Licensee shallact asPRINCIPAL for thepurposes oftheattached Agreement. The Principal shall be bound byall actsand/oromissions of the Agent In the operation of the licensed premises.

The CurrentLicenseeis nowand shall remainliable forany violations of ABC Rulesand Regulationsor otherAlabamaLawforthe duration of the attached Agreement; and, further, that the Current Licensee hasthe right andauthority, under Alabama Law, tosurrender the ABC License to the ABC Board at anytime.

Theparties acknowledge thattheoperation ofthe licensed premises shall remain subject toinspection by ABC Enforcement, andmustcomply with all Staleand Local regulations and Laws, and thatthe localABCEnforcementDislricl Officemust be immediately notified of any change Inthe attachedAgreement.

THE CURRENT LICENSE WILL NOT BE RENEWED.

WITNESS our hands andsealson this the 3 dav of , 20. \P\,.

CURRENT LICEfiSEEWMED ON LICENSE) NEW LICENSEE (APPLICANT)

Print Name:

Title: Otov\c»^

WITNESS: (By ABC Enforcement)Revised 9/06

-21-

*PrinfFjame: fVvitsnTitle:

REPORT TO THE SHELBY COUNTY COMMISSIONFrom the Department of DevelopmentServices

Planning Services

January 28,2019

Case No. A19-003 Spring Creek Package Store

(Transfer- Oil Lounge RetailLiquor- Class H Package)

ACTIONREQUESTED

Mr. Anish Noorani, Spring Creek Groceries Inc., has submitted the attacheddocumentation in support ofatransfer application request for a Oil Lounge Retail Liquor- Class n Package license from Kim Investment, Inc., for Spring Creek Package Store.

The applicant states that the facility is aconvenience store with an internal package storeoperating from 5:00 a.m. until 9:00 p.m., Monday through Thursday; from 5:00 a.m. until10:00 p.m., Friday and Saturday and from 12:00 a.m. until 9:00 p.m. on Sunday. Thisfacility. Spring Creek Package Store, is located inside Spring Creek Grocery at 4634-BHwy 71, Shelby, AL 35143. The subject property is in an unzoned area ofShelbyCounty. Spring Creek Package Store is located inCounty Commission District 1,Commissioner Morris's Districts.

Therehavebeen four license requests for this site since2002.

The County Engineer's report has verified that the facility is an existing site, has accessvia Shelby County Road 71. No drainage problems have been observed on the site.The Shelby Fire District reports that the subject facility is in need ofa fire hydrant on siteto permit the effective use offirefighting equipment. The facility does have adequatepersonal safety equipment; such as smoke alarms, fire extinguishers, lighted fire exits andlighted fire exit signs.

Attached is a copy ofthe definitions for a "011 Lounge Retail Liquor —Class nPackage", as defined in the Alabama ABC Board Rules and Regulations.

It should benoted that subject to the decision ofthe County Commission, this applicationwill be forwarded to the State ABC Board and the State ofAlabama Health Departmentfor furtherprocessing, review and approval.

This ABC license apphcation may be approved, denied orrevoked, by the State ABCBoard, pending ABI (Alabama Bureau ofInvestigations) and the FBI (Federal Bureau ofInvestigations) results.

-23-

N3

CT

> I

A19

-003

Spri

ngC

reek

Pac

kage

Sto

reL

ocat

ion

Map

A

i/>

in

.lO m 47

J.62

•2

26

6

32

7.6

4

22

58

420.

04'

730.

5751

1-69

m t in

'T

«o

44

2.5

4

23

27

•5oo 4

59

9

45

49

45

45

^

^i

7-

"4

54

6

46

50

46

46

/45

80^

364.

43

4747

§ CQ

rs*

00

.

tK-

95

-2

9

.

11

6

116-

14-

'̂̂•04

11

6-1

3

A

-'jO

S

"7]5

.49

.1

64

16

4-7

20

6 8 o?'

CM

'fN

-

71

-3

0

48

80

58

-2

2

57

SPWN

GCME

.CAMf

'"'

77

17

50

32

31

80

-2

5

77

11

31

27

•^96

.49

17

1

10

0

11

6

15

41

64

"S

T^

18

0,

68

11

4

SH

EIL

AP

OIN

T

9013

415

4»

01

04

17

0

^4

1•

gvShe

lbyCo

:ntyLan

dInforn

nation

oai

ePfi

ruo

dtO

UO

T/Z

Oig



Coufii-mation Number; 20190103103824520

Type License: oil • LOUNGE RETAIL LIQUOR - CLASS II (PACKAGE) Slate:

Type License:

Trade Name: SPRING CREEK PACKAGE STORE

Applicant: SPRING CREEK GROCERIES INC

Location Address: 4634 B HWY 71 SHELBY, AL 35143

MailingAddress: PQ BOX 209 SHELBY, AL 35143

Countj': SHELBY Tobacco sales: YES Tobacco Vending Machines: 0Type Ownership: CORPORATiON

Boole,Page, or Document info: 2aiillOiooo3264iO PG5

DateIncorporated: 1-J/01/2011 State incorporated: AL County incorporated:SHELBY

County:

State: County:

Filing Fee:

Transfer Fee: $50.00

Date ofAuthority: 11/01/2011


Alabama State Sales Tax ID: R007925592

r<amc:

ANISH NUURANI

4M-AL

pftesiCEMr i(wn/ia/i

INDIA

2125Art66ft Hia HKWYHOOVER, AL 35244

Has applicanl compi led with financial resjwnsibility ABC RR 20-X-5-.14? YESDoes ABC have any actions pending against the current licensee? NOHas anyone, including manager or applicant, had aFederal/State penult or license suspended or revoked? NOHas aliquor, wine, malt or brewed license for these premises ever been dented, suspended, or revoked? NOAre the appricant(s) named above, the only person(s), in any manner Interested in the business sought to belicensed? YES

Are*Bny ofthe applicants, whether individual, member ofapartnership or association, or officers anddirectors ofacorporation itself, in any manner monetarily interested, either directly or indirectly. In theprofits ofany other class ofbusiness regulated under authority ofthis act? NODoes applicant own or control, directly or indirectly, hold lien against any real or personal property which isrented, leased orused in the conduct ofbusiness by the holder ofany vinous, malt orbrewed beverage, ordistilled liquors permit orlicense issued under authority ofthisact? NOIs applicant receiving, either directly or indirectly, any loan, credit, money, or the equivalent thereof from orthrough asubsidiary or affiliate or other licensee, or from any finn, association or corporation operatingunder orregulated bythe authority of this act? NO

Contact Person: ANISH NOORANlBusiness Phone: 205-670-0694

Fox:

PREVIOUS LICENSE INFORMATION:Trade Name: SPRING CREEK PACKAGE STOREApplicant: KIM INVESTMENT INC

Home Phone: 205-987-2797Cell Phone: 205-317-5904E-mail: [email protected]

Previous License Number(s)License 1:010978158License 2:

-27-




Ifqppliuanl is leasing tlie property, is acopy ofthe lease agreement attached? YESName ofProperty owncr/icssor and phone number: SPRING CREEK PROPERTY LLC 205-317-5904What is lessors primaiy business? GAS AND CONVENIENCE STORESIs lessor involved inany way with the alcoholic beverage business? YESIs there any further interest, or connection with, the licensee's business by the lessor? YES

Does the premise have a fully equipped kitchen? NOIsthe business used tohabitually and principally provide food tothe public? NODocs the establishmenthave restroom facilities? YESIs the premise equipped with services and facilities for on premises consumption of alcoholic beverages? NO

Will the business beoperated primarily asa package store? YESBuilding Dimensions Square Footage: 4500 Display Square Footage: 510Building seating capacity: 0 Does Licensed premises include apatio area? NOLicense Structure: SINGLE STRUCTURE License covers: OTHERLocation iswithin: COUNTY Police protection: COUNTY

Has any person{s) with any interest, including manager, whetlrcr as sole applicant, officer, member, orpartner been charged (whether convicted or not) ofany law violallon(s)?Name: Violation &Date: Arresting Agency; Disnosltion;

-28-

STATE OF ALABAMAALCOHOLIC BEVERAGE CONTROL BOARDConfirmation Number: 20190103103824520

NOTICE OF TRANSFER OF ABC LICENSED BUSINESS

NOTE: A Copy of Onerating Agreement Must be Attached To Annlication

CURRENT LICENSEE:

KIM INVESTMENT INCAddress; 4534 B HWY 71


NEW APPLICANT:

SPRING CREEK GROCERIES INCAddress: po BOX 209

SHELBY, AL 35143Telephone: 205-670-0694

Current License No: 010978158

LICENSED PREMISES ADDRESS: 4fi:^4 R HWY 71 SHELBY, AL 35143

THE AFORENAMED HEREBYSERVE NOTICE TO THE ABC BOARD OF THE ATTACHEDCONTRACTUAL AGREEMENT GOVERNING THE CONTINUATION OF SALES OF ALCOHOLICBEVERAGES ON THE LICENSED PREMISES.

TheParties tothisagreement hereby acknowledge andaffirm thattheNew (Applicant) Licensee will,at alltimes,act as the AGENT forthe Current(Named) Licensee, and the CurrentLicenseeshallact asPRINCIPAL for thepurposes ofthe attached Agreement. ThePrincipal shall bebound by all actsand/oromissionsof the AgentInthe operation of the licensedpremises.

The Current LicenseeIs nowand shallremainliable forany violations of ABC Rulesand Regulationsor otfier Alabama Law forthe duration ofthe attached Agreement; and, further, that the Current Licensee hasthe right andauthority, under Alabama Law, tosurrender theABC License totheABC Board atany time.

Theparties acknowledge thattheoperation ofthe licensed premises shall remain subject toinspection by ABC Enforcement, and must comply with all State and Local regulations and Laws, and Uiatthe local ABC Enforcement District Office musl be Immediately notified ofanychangein the attachedAgreement.

THE CURRENT LICENSE WILL NOT BE RENEWED.

WITNESS our hands and seals on this the

CURRENT LICENSEE (NAMED ON LICENSE)

dayof

NEW LICENSEE (APPLICANT)

Print Name:Print Name:

Title: Title:

WITNESS; (By ABC Enforcement)Revised 9/03 I

-29-

• 20 •

InitUil cnch1ic

E

3:

X




Signature pageIn referencelo lawviolations, Iattest to11k truthfulness ofthe responses givenwithin the application.

Inreference totheLease/property ownersh^, Iattesttothetruthfulness cl theresponses given withinthe appScation.

in referenceto ACT No.80-529,1understandthat ifmyapplication Isdeniedor discontinued, Iwill no! tK

refunded the filing fee required by thisappfcatlon.

inreference to'Special Retail orSpedalEvents retail license, I agreelocomply with allapplicable lavvs andregulations concerning thisclass oflicense, and to observe the special terms and conditions as irrdlcatedwithinthe application.

Inreference to theClubAppllealion information, Iattest tothe truthfulness ofthe responsesgivenwithinthe application.

In reference lo the transferof hcense^ocalion. I attest to the truthfulness of the Infonnalion listedon the

attached transfer agreement.

Inaccordance with Alabama Rules&Regulations 20-X-5-.Ol{4), anysocialsecurity number disclosed

underthisregulation shallbe used forthe purposeof Investlgalion or verilicatlon by the AGO Boardand shall not be a matter of public record.

Theundersigned agree, ifa license IsIssued as herein applied for. locomply at alltimes with andtofullyobserve alltheprowsions oftheAlabama Alcoholic Beverage Control Act, as appearsinCodeofAlabama,Title26, and all laws of Ihe Slate of Alabama relative lo the handlingof alcoholicbeverages.

Theundersigned. If Issued a license as herein requesled. further agreesloobeyallrules andregulationspromulgated by theboard relative loall alcoholic beverages received In this Slate. Theundersigned,If Issued a license as herein requesled. also agrees toallow andhereby Invites duly authorized agents ofIhe Alabama Alcoholic Beverage Conlrcl Board andanyduly commissioned lawenforcement officer oftheState.County orMunicipality In which thelicense premises ate located loenterandsearchwithouta warrant Ihelicensed premises oranybuilding owned oroccupied byhim orherIn conneclion withsaidlicensed premises. The undersigned hereby understands that heorsheviolate any provisions ofIheaforementioned lawshis or her licenseshall be subject to revocation and no licensecan be again issued

losaid licensee for a period ofone year. The undersigned further understands and agrees that no changesIn themanner ofoperation and no deletion ordisconlinuance ofany services orfacilities as described In IhlsappilcaTion wW boallowed wllhoul wcllten approval oftheproper goverrring body andtheAlabamaAlcoholicBeverage Control Board,

Ihereby swear and affirm that Ihave read the application and all statements therein and facts setforth aretrueendcorrect, endthattheeppKcanl Istheonly parson Interested inIhebusiness for which thelicenseis required.IS lequutfu. A k /n •

ApplicantName (print):' lOoo »

Signature of Applicant;

Notary Name (print): \jO[;jrvis|Notary Signature:

Application Takent App. Inv. Completed:Submitted to LoenI Government:

Received In District OfHcc: Reviewed by Supervisor:

-30-

Commission expires:

Fonvardcd to District OfTice:

Received from Local Govcroment:

Fonvarded to Ccniral Office:

budget, finance & legal - shelbyal.com

Documents