It was an ongoing battle that lasted more than a year but in the end, ChocolaTree restaurant has met all its requirements in the eyes of the city.

According to City Attorney Robert Pickels, the West Sedona restaurant has come into compliance with city codes, obtained its certificate of occupancy and business license, and it appears that it will also be getting its liquor license.

In a letter to the Arizona Department of Liquor Licenses and Control, Pickels wrote that ChocolaTree, LLC has now successfully obtained its Certificate of Occupancy for the premises of its ChocolaTree Organic Oasis business. Accordingly, all of the matters of objection by the Sedona City Council in its recommendation for denial of the application have been resolved.

“This was a great example of how city government can work together with local businesses to resolve differences and ensure that positive results are achieved,” Pickels said after the letter was sent. “I applaud ChocolaTree for recognizing the best path toward the future success of their business. If other local businesses would take advantage of opportunities to work with city staff on creative solutions, we could avoid conflicts and better serve our community.”

This matter was scheduled to come before the Arizona State Liquor Board on March 3. That department was referred the matter because the city of Sedona recommended disapproval based on the applicant’s noncompliant egress building code violations, operating a business without a valid occupancy permit and operating a business without a valid business license.

A city document states that prior to the spring of 2014, ChocolaTree undertook construction without a valid building permit. The report states that the egress from the newly-constructed enclosure to the back patio dining area known as the Garden Sanctuary is noncompliant.

On Oct. 8, a temporary occupancy permit, which supersedes all prior occupancy permits, was issued for use of the front dining area and interior dining space only and prohibiting use of the Garden Sanctuary. The next day a notice of violation was issued for the egress non-compliance issues created as a result of unpermitted construction work. Although occupancy for the Garden Sanctuary was revoked, staff had observed continued use of this area.  

A civil citation was issued by the city’s code enforcement and served by the police department to the restaurant owner for operating in the Garden Sanctuary without a valid occupancy permit, which was yet another city code violation.

On Oct. 28, the city issued a letter revoking ChocolaTree’s business license for the outstanding building code violations. Then, on Nov. 24, council recommended to the state denial of a liquor license for the business.

ChocolaTree owner Jennifer Warr responded to a request from the Sedona Red Rock News for comment by including a report from their California attorney Chris Vaughan, who specializes in Americans with Disabilities Act compliance.

“He [Vaughan] states clearly, including federal case law, that ChocolaTree has always been in compliance with ADA,” she said. “All that notwithstanding, ChocolaTree has completed the modifications to the garden that now bring the city to agree that ChocolaTree is in compliance with ADA. Our occupancy permit was issued last month.”