Desk Items G�
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May21, 2012 � � � � � u �
To: MAY 2 1 2012
By G.s.
Stanley Yee
Alcoholic Beverage Control
San Jose Office
George Schroeder
Planning Division
City of Cupertino
Valero Gas Station (hereinafter referred as Valero) located at 1699 S. De Anza
Blvd, Cupertino, CA 95015 posted a public notice of its application for sale of beer and
wine license. Coach House Wine & S�irits�onerating with license#21-402232, herebv_
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objects to Valero's application for a beer and wine license.
According to California Alcohol Beverage Control Board Section 23789(b):
The department is specifically authorized to refuse the issuance, other than
renewal or ownership transfer, of any retail license for premises located
within at least 600 feet of schools and public playgrounds or nonprofit youth
facilities, including, but not limited to, facilities serving Girl Scouts, Boy
Scouts, or Campfire Girls. This distance shall be measured pursuant to rules
of the department. (See highlighted pages attached)
The Valero is proximate to sensitive uses areas such as schools,public parks, childcare �
centers, social service agencies, and residential care and service facilities. Primarily, there
are two (3) schools/daycare facilities within 500 ft of Valero.
1. The Growing Tree Learning Center, a preschool, is located 100 feet away from
Valero - 12000 Saratoga Sunnyvale Road, Saratoga, CA, 95070. Directly across
the street
2. KinderCare Learning Center, another education facility, is less than 500 feet from
Valero - 1515 S. DeAnza Blvd., Cupertino, CA 95014.
3. Prospect Learning center is also roughly 500 feet away from Valero - 19888
Prospect Road, Saratoga, CA 95070.
4. Blue Hills Medical Center is located directly next to Valero, sharing a common
wall -20555 Prospect Road, Cupertino, CA 95014.
Additionally, this is of concern to other vendors and the community, as it will lead to
undue concentration of alcohol sale establishments. Presently, there are 2 off-site alcohol
retailers and 4 on-site retailers within a 1000 feet radius of Valero.
� 1
1. Coach House Wine & Spirits is in the most immediate vicinity, located less than
144 feet away from Valero. Coach House has been in operation since 1968 and
has been selling alcoholic beverages at this location for the last 44 years. Coach
House is located at 1655 S. De Anza Blvd., Cupertino, CA 95014. Off-Site
alcohol sales.
2. Kikusushi, a fine dining restaurant and is located less than 144 feet away from
Valero. Kikusushi has also been selling alcoholic beverages for the last 5 years.
Kikusushi. It is located at 1655 S. De Anza Blvd, Suite 7, Cupertino, CA
95014. On-Site alcohol sales.
3. Stop N Save is located approximately 1000 feet from Valero and also sells
alcoholic beverages. Stop N Save is located at 1204 Saratoga Sunnyvale Road,
Saratoga, CA 95070. Off-Site alcohol sales.
4. Chicken Salsa Restaurant is located across the street from Valero. It is located at
12019 Saratoga Sunnyvale Rd, Saratoga, CA 95070. On-Site alcohol sales.
5. Los Dos Compadres 2 Restaurant is located across the street from Valero. It is
located at 1652 S De Anza Blvd, San Jose, CA 95129. On-Site alcohol sales.
6. Oriental Gourmet Chinese Restaurant is across the street from Valero. It is
located at 1646 S De Anza Blvd, San Jose, CA 95129. On-Site alcohol sales.
If the license is granted, Valero will become the seventh(7�') establishment within a
1000 feet radius to engage in the sale of alcohol. This will impair the utility of value of
the property of other persons located within the viciniiy of the site, including Coach
House. Approving the zoning of another off-site beer and wine retailer will lead to a
concentration of such retailers in an area that already lacks healthful food options, which
may be detrimental to the public health. The nearest full-service grocery store is over one
(1)mile away.
Granting this application would be detrimental to the public health, safety, or
welfare of persons located in the area, and would increase the severity of existing law
enforcement or public nuisance problems in the axea.
Regards,
`t, !�
���
� �
Upender Rekhi
Simkaran Inc
DBA Coach House Wine & Spirits
ABC License: 21-402232
ABC License: 42-402232
1655 S. DeAnza Blvd
Cupertino, CA 95014
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CA Codes(bpc:23770-23793) http:/!www.leginfo.ca.gov/cgi-bin/displaycude?section=bpc&group...
� BUSINESS AND PI�OFESSIO�TS CODE
SECTION 23770-23793
237?0. A winegrower's licenae, or a wine 'a.Lender's license,
whiche�er is appro�riate to the operations �o he conducted on the
licensed premises, shall be issued oiily to, or held by, a person
qualified to operate or operating a winery or wine cellar bonded
under the internal revenue laws ot the linited States. Every person
operating, or authorized under the iiiternal revenue laws of the
United States to operate, a winery or wine cellar bonded under the
� internal revenue laws of the United St�tes shall apply f�r, and hold,
a winegro�er's or wine blender's license, as may be appropriate for
operations conducted on the lic.ensed premises.
_� __, - - � -' ' �:�s-ee�tS�e�-.-a31�s�z�^'�—e�C e��_—a--d�s�i��e�- - _ _ _ - - -
, - - -_
spirits manufacturer's or.a distilled spirits manufacturer's ageiit's
license, shall be issued to any person, or to any officer, director,
. employee, or agent of any person, who mar�u�actur_es distilled spirits
within or without this Stat.e.
23772. No distilled spirits mar�ufacturer's or distilled spirits
manufactur�r's agent's license shall be held by any person who holds
any ownership or interest, directly or indirectly, by stock
ownership, interlocking directors, �trusteeship, loan, mortgage, or
lien on any per�onal or real property, or ��her�Tise, in any distilled
spirits wholesaler's, rectiiier's, or retailEr's license.
The provisions of Lhis section sna11 not apply to the financial or
representative relationship betwe�n a manufacturer., wine grower,
manufacturer's agent, rectifier, dis�iller, bottler, importer, or
wholesaler, or any officer, director, or agent �f such person, and a
� person holding only one of the follow.ing �ypes of licenses:
(a) On-sale general license for a bon� f:.de' club.
(b) Club license (issued under Article 4 (commencing at Section
23425) of Chapter 3 of this division) .
(c) Veterans' club- license (issued under Article 5 (commencing at
Section 23450) of Chapter 3 of this di�Tision� .
(d) On-sale license for boats, trair�s, �.leeping cars or airplanes
where the alcoholic beverages produced or sold by such manufacturer,
wine grower, manufacturer's agent,' rectifier, bottler, importer, or
wholesaler or any officer; �irector, or agent of such person are not
sold, furnished or given, d�_re�tly or indirectly to the on-sale
� licensee.
23773. The provisions of Sections 23771 an� 23772 �o not prevent
agents or employees ot a distilled spirits manufacturer located
without this State from sol:�citing ord�rs for distilled spirits
within the State.
23774 . The provisions of Sactions 23771 and 23772 do not prever.t
the issuance of a distilled spirit-s �aholesale license to any person
who, on Julv l, 1937, owned or operated a business which for five
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years immediately preceding that date had �naintained and operated in
this State a bona fide jobbing and distributing establishment for the
sale to retail dealers of goods, wares, and merchandise, the majo.r
portion of which business at a tirae fi�e years preceding July 1,
1937, was goods, wares, and merchandise other than alcoholic
beverages. - ' ,
� 23775. Ar_ importer's license shall be issued onl� to a person or
manufacturer who holds a license authorizing trie sale for resale of
the types ot alcoholic beverages m.entioned in the importer's license.
23776. A wholesaler's license shail not be issued or renewed to any
on-sale or eff-sale licensee, except trat:
(1) A wholesaler's license restricted to saies to or.-sale
licensees may be issuPd or renewed to an on�-sale licensee in counties
not to exceed 15, 000 popula+�ion, or
(2) If restricted to the wholesaler's �ale of wine, a beer and
wine wholesaler's licerise may be renew�d f_or the holder of an
off-sale beer and uTine licensee who on December 31, 1987, held an
off-�ale beer and wine license and a beer and wine wholesaler's
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license, provided that the beer and wine wholesaler's license
zestricted to the wholesale.r's 'sale of wiiie can only be transferred
to i.he holder of a beer and wine wholesaler's license restricted to
the wholesaler's sale of wine on the date cf transfer.
23777. No of.f-sale general lic2nse shal� be renewed or issued to a
distilled spirits wholesaler whose premises are located in a city
� having a population of 50, 000 or more, as shown by i.he 1940 �ederal
census, or to a distilled spirits �rholesaler who sa.11s di�tilled
spirits to licensees whose premises are located in any city having a
population of 50, 000 or m�re, as shown by the 1940 federal census.
23778. A distilled spirits wholesaler's license shall not be held
bv any person unless at all times througnout the license year he has
on his wholesale premises a reasonable �to�k of distilled spirits, as
cietermined by the department, for which he has fully paid lawful
mon�y or its equivalent.
23779. No wholesale licer�se siiall be �ss�:ed to any person who does
not in good faith actually carr�y on or intend to carry on a bona fide
wholesale business by sale t�o retail licen.�ees of the alcoholic
beverage designated in the whoiesale licensa, and the department may
revoke any wholesale license when the licensee fails for a period of
45 days actively and in good faith to enga�e in the Taholesale
business arid shall revoke any distilled spirits wholesaler's license
held by any person who fa�.ls to comply with applicable provisions of
Sections 23378, 23379, 23776, ?_3777, and 23778. Sa�e by a wholesale
. licensee to himself as a retail licensee is not the transaction of a
bona fi�e wholesale business. ,
23780. No distilled spirits wholesaler's �icense or rectifier's
license shall be issued or renewed to any �erson who holds on deposit
� funds obtained from any retailer, which =unds were obtained for the
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. purpose of applying them, either in whole or in part, toward the
payment of any ftature delivary of disrilled spirits to th.e retailer.
23784. No. retailer's on-sale license shall be issued to any person
to whom, or for any premises for which, a manufacturer's, wine grower'
s, importer's, wholesaler's, or rectifie.r's license is issued; and no
manufacturer`s, wine grower 's, importer's, wholesaler's, or
rectifier's licEnse shall be issued to any person to whom, or for any
. premises for which, a retailer's on-sal.e license is issued, except
that a retailer's on-sale license may be i.ss�:ed to a wholesaler in
counties not to exceed 15, 000 pop�slation.
23785. A retail packaqe off-sale general license, when issued to
the holder of a rectifier's or distilled spirits wholesaler's
license, shall be issued only for the same premises for which the
rectifier's or distil�ed spirits wholesaler's license is issued,
except as oth�rwise providec� or permitted in this division.
23787. The depart;ment shall, before issuing any on-sale license for
the sale of alcoholic beverages to be cor�s��n�ed or otherwise disposed
of in any bona fide public eating nlace, deterr.line whether the
public eating place is equipped�and maintained in good faith for
sales to and consumption by the public of ineals upcn the premises. A
hotel or motel of 75 rooms or more or a bawiing center of 12 lanes or
more, or any other bona fide public eating place, which hotel,
motel, bowling center or bona fide public eating place is licensed
and so equipped and maintained may-sublet the sale and service of the
meals required by Section 23038 upon notification to the department.
Provided, however, that the licensee shail be responsible for any
� violations of this division caused or permitted by the lessee on the
licensed premises. The licensee shall not subie't to a person who does
not have the qualifications of a holder of a license.
Nothir_g in this section shali preclude the renewai, transfer, or
. issuance of an on-sale general license to any premises equipped and
maintained in good faith for sales to and consumption by members of
the public c�f ineals upon the premises even �chough the operation of
such premises is limited solely to the service of ineals ard beverages
at prearranged events of a social or busir.�ess nature and where
admission is by ticket only.
23788. 5. No on-sal.e licensee shall knowingl_y employ any person to
manage, direct, or conduct th.e business v�Yi,� does not have the
qualifications required of a holder of the license. Any on-sale
licansee requesting the department to make a determination of
qualifications of a proposed manager shall submit with an application
fo� such services a fee of one hundred dol.lars ($100) which shall be
deposited in the P.lcohol Beverage Control Fund as provided in
Section 25%61.
23789. (a) The department is specifically authorizad to refuse the
• issuance, other than renewal or owr.ership transfer, of an1 retail
license for premises located within the immediate cicinity of
churches and hospitals. �
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(b) The department is specifica111 authcrized to refuse the
issuance, other than renewal or ownership transfer, of any retail
' license for premises located wi�hin at leasi: 6C0 feet of schools and
public playgrounds or nonprafit youth facilities, including, but not
limited to, Eacilities serving Girl Scouts, Boy Sccuts, or Campfire
Girls. This distance shall be measured pursuant to rules of the
department.
23790. No retail license shall be issLed for any premises which are
, located in any territory where the exercise of� the rights arid
pri��ileges conferred by the license is contrary to a valid zoning
ordinance of any county or city. Premises whicY: had been used in the
e�ercise of '�hose x�ights and privileges at a time prior to the
effective date of the zoning ordinance may continue operation under
the following conditions:
(a) The premises retain the same type of retail liquor license
within a licznse classification.
(b) The licensed premises are operated c�ntinuously without
substantial change in mode or chararter of operation.
For purposes of this subdivision, a break ir. 'continuous operation
does not include:
;1) A cicsure for not more than 3G days for purposes o= repair, if
that repair does not change the n� ure of the licEnsed pre�rs��an
does not increase the square footage of the business used for the
sale of alcoholic beverages.
� (2) The closure for resto.ration of premises rendered totally or
partially inaccessible by an act o= God or a toxic accident, if the
restoration �oes not increase the square fcotage of �he business used
for the sale. of alcoholic beverages.
23730.5. (a) It is the iriteiz�t of the Legis�_ature in enacting this
section to ensure that local government shall not be preempted in the
� valid exercise of its land use authorzty pursuant to Section 23790,
including, but not limited to, enacting ari ord�:nance requiring a
conditional �.:se permit. It is also the intent oi the Legislature to
prevent the legislated prchibition of the concurren� retailing of
beer and wine for off-premises cons�mptiori and motor vehicle fuel
where tne retailing of each is otherwise allowable.
(b; (1) No city, county, or city and county shall, by ordinance or
resolution adopted on or after January 1, 1988, legislatively
prohibit the concurrent retailing of motor vehicle fuel and beer and
wine for off-sale consumptiun in zoning districts wnere the zoning
ordinance allows motor vehicle fuel and cff-sale beer and wine to be
retailed on separate sites.
(2) On and after January 1, 1y89, no city, county, or city and
county ordinance or resolution adopted prior to May 5, 1987, shall
have legal_ effect if it legislatively pr�hibits the concurrent
, retailing of motor vehicle fuel with beer and wine for off-sale
consumption in zoning districts� where the zor.ing ordinance allows
beer and wine and motor vehicle iuel to be retailed on separate
sites.
(3) On and after July 1, 1988, no city, county, or city and county
ordinance or resolution adopted on or aftar May 5, 1987, shall have
legal effect if it legislatively �-rohibits the concurr�nt retailing
of motor vel-�icle fuel witr� bPer and wine fo;� off-sale consumpticn in
zoning district� where the zoning �rdinance allows beer and wine and
' motor vehicle fuel to be ratailed on sEparate sites.
(4) This section shall not apply to a pr_ohibition by a city,
county, or c.ity and county �f the sale cf beer and wine in
conjunct.ion with the sale of motor vehicle fuel if that prohibition
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occurs as a result of the prohibition of_ the combining of the sale of.
r,�otor vehicle fuel with a broader class af products or uses which
includes alcoholic beverages or beer and wine as a named or unnamed
part of that larger class, if that prohibition was enacted before
August l, 1985.
(c; Subject to the restrictions� and l�rnitatior�s of subdivision
(b) , this section shall not prFVent a city, county, or city and
county from denying permission, or granting conditional permission,
• to an individual applicant to engage in tha conc,�rrent retailing of
motor vehicle fuel with beer and wi.ne ior off-premises consumption
pursuant to 3 valid conditional use permit ordinance based on
appropriate health, safety, er general welfare st.andards contained in
the ordinar.ce if that conditionalyuse permit ordinance contair.s all
of the following:
. (1) A requirement for written findir�gs.
(2) A provision for an administrative appeal if the governing body
has delegated its �ower to issue or deny a conciitional use permit.
(3) Proceaures for notice of a hearing, ronduct of a hearing, and
an opportunity for all parties to present *.estimony.
(4) A requiremer_t that the findings be �ased on substantial
evidence in view of the whole record to jusLify Lhe ultimate
decision.
(d) Notwithstanding any other provision �f law, establishments
_ _ _ _----- -----------_-- -----
engag2d in the concurrent sale of motor venicle fuel wifh beer and -- ---- --
wine for off-�premises con�umption shall abide by the following
conditions:
(1) No beer or wine shall be displayed �aithin five feet cf the
cash r.egister or the front door unless it is in a permanently affixed
cooler as of January 1, 1988.
(2) No advertisement of alcoholic bevera�es shall be displayed at
motor fuel islands. . +
(3) No sale of alcoholic beverages shail be made from a drive-in
, window.
(4) No display or sale of beer or wine shall be znade from an ice
tub.
(5) No beer or wine advertising shail be located on motor fuel
islands and no self-illuminated advertising for beer or wine shall be
located on buildings or windows.
(6) Employees on duty betwe�n the hours of 10 p.m. and 2 a.m. who
� sell beer ox wine shall bs a� J_easz 21 year� of age.
The standards contained in this subdivision'are minimum state ,
standards wh�ch do not limit local regulation otherwise permitted
under this section.
(e) If there is a iinding that a liccr�se� or his or her employee
has sold any alcoholic beverages to a minor at an establishment ,
engaged in the concurrent sale of motor veriicle fuel with beer and
wine for off-premises consumption, the alco}iolic beverage license at
the establishment shall be suspended for a rninimum period of 72
Yiours. For purposes of Section ,23790, the eifect of such a license
suspension shall not constitute a break ir� the centinuous operation
of the establishment nor a substantial change in tne mode or
character of operation.
(f) The provisions of this section apply to charter cities.
� 23791. Nothing in this division inte�feres with the powers of
cities conferre� upon them by Sections 653�0 to 65861, inclusive, of
the Governmeat Code.
>
23792. No license, other than an on-sale beer license, shall be
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issued to any applicant for any premises situated more than on� mile
outsid� the limits of an incorporated city and ;aithin two miles of
� any camp or establishment .of inen, numbFring 25 or more, engage� upon
or in connection with the construcLior�, repair, or operation of any
. work, impro�°ment, or utility oz a public or quasi-public character.
This sectior� does not apply to the renewal of �ny licenses for any
premises whi�h have b�en established ar.d licensed under this division
at least six months prior to the establishment of the camp or
establishment of inen, and such iicenses, whather held by the original
licensee to whom first issued or a subsequent hclder thereof, ahall
be subject to transfer as to person and premises, or either, in the
same manner as any other license of th� same type and character
issued by the department.
23793. No new criginal public premises li�enses shall b� issued
exc2pt for beer, cr beer and wine, and no public premises licenses
shall be transferred from count.y to county, unless the a�plicant can
sho;a that substantial public demand cannot otherwise be satisfied.
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