Certification

24A-001113-SLB-LIQ · Liquor Licenses and Control · 2024-07-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the matter of Denial of Application of BYOB Exemption

Kandies Cabaret Private Gentlemen’s Club

Robert Wallace, Agent

Wallace Group, LLC

3790 Grand Avenue

Phoenix, Arizona 85019

Appellant.

No. 24A-001113-SLB-LIQ

CERTIFICATION OF

ADMINISTRATIVE LAW

JUDGE DECISION

I have reviewed the records of the Office of Administrative Hearings and as co-custodian of such records have determined:

The Office of Administrative Hearings transmitted the Administrative Law Judge Decision in the above entitled matter to the Liquor Licenses and Control by electronic filing.

The Liquor Licenses and Control was required to accept, reject, or modify the Administrative Law Judge Decision within the statutory deadline as calculated pursuant to A.R.S. § 41-1092.08 and A.R.S. § 1-243, as evidenced by receipt of such action by the Office of Administrative Hearings.

No action by the Liquor Licenses and Control was received by the Office of Administrative Hearings as of July 29, 2024, more than five days beyond the statutory deadline.

Therefore, pursuant to A.R.S. § 41-1092.08(D), the attached Administrative Law Judge Decision is certified as the final administrative decision of the Liquor Licenses and Control.

NOTICE

Rights for Rehearing or judicial review will be lost without action taken in a timely manner. A Party has the right to request a rehearing from the Liquor Licenses and Control pursuant to A.R.S. § 41-1092.09(A). In addition, the matter may be reviewed by the Superior Court, pursuant to A.R.S. § 41-1092.08(H), although a party may be required to seek a rehearing from the Liquor Licenses and Control before petitioning the Superior Court for such review. See A.R.S. § 41-1092.09(B). Further rights may be lost without action taken in a timely manner. Parties may wish to review these statutes as quickly as possible after receipt of this notice. The relevant statutes may be found at the local library or on the internet at: http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp. Not later than ten days after a complaint for judicial review of an administrative decision is filed with the Superior Court, the party who filed the complaint must file a notice of the action with the Office of Administrative Hearings.

Done this day, July 29, 2024.

/s/ Tammy L. Eigenheer

Assistant Presiding Administrative Law Judge

Copy mailed/e-mailed/faxed to:

Ben Henry

Liquor Licenses and Control

ATTN: Susie Hamilton

800 West Washington, 5th Floor

Phoenix, AZ 85007

Haley Garcia

Arizona Department of Liquor Licenses and Control

800 W. Washington St., 5th Floor

Phoenix, AZ 85007

[email redacted]

Kimberly A. Eckert

1050 E. Southern Ave #A3

Tempe, AZ 85282

[email redacted]

Linda Bergevin

Asst. Attorney General

2005 N. Central Avenue

Phoenix, AZ 85004

[email redacted]

By: OAH Staff