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10. ABC German BakeryCity Hall 10300 Torre Avenue C4pertino, CA 95014 (408) 777-3212 Fax: (408) 777-3366 OFFICE OF THE CITY MANAGER SUM11/IARY AGENDA ITEM NUMBER .l ~ SiIBJECT AND ISSUE Application for Alcoholic Beverage License. Name of Business: Location: Type of Business: Type of License: Reason for Application: RECONI1VI11NDATION AGENDA DATE ~~-/~G, /off German Bakery 10123 North `Volfe Road, Suite 2121 Restaurant No.41, On Sale Beer and Wine Original and Annual Fees There are no use permit restrictions or zoning restrictions which would prohibit this use, and staff has no objection to the issuance of the license. Prepared by: ~_ _Gar~~fiao, City Planner G:planning/misc/abc/abcGermanB akery Submitted by: ~~ David ]~rlapp, City Manager Printed on Recycled Peper io-i Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) State of California TO: Department of Alcoholic Beverage Control File Number: 473989 100 Paseo de. San Antonio Receipt Number: 1692478 Rm. 119 Geographical Code: 4303 San Jose, CA 951 13 Copies Mailed Date: November o~j 2008 (408)277-1200 Issued Date: DISTRICT SERVING LOCATION: SAN TOSE First Owner HOFBRAUBEERHAi.1.SVLLC Name of Business: GERMAN BAKERY Location of Business County: Is premise inside city Mailing Address: (If different from premises address) 10123 N WOLFE RD STE 2121 CI7PERTINO, CA 95014-2511 SANTA CLARA limits? Yes Type of license(s): 41 Transferor's license/name: Census Tract 5081.01 Dropping Partner: Yes No License Type Transaction Tvoe Fee Type Master Dup Date Fee 4 t ON-SALE BEER AND ORIGINAL FEES NA Y 0 1 1/ 2 5/ 0 8 $300.00 41 ON-SALE BEER AND ANNUAL FEE - NA - Y O t I / 2 5 / O 8 $339.00 Total $639.00 Have you ever been convicted of a felony? N o Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any °Yes^ answer to the above questions on an attachment which shall be deemed par[ of this applicatlon. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SANTA CLARA Date: November 25, 2008 Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, Gamed in the foregoing application, duly authorized to make this application on its behalf; (2) the[ he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) the[ no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under [he license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an - agreement entered into more [hart ninety (90) days preceding [he day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of trensferor; (5) tf[at the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability [o the Department. Applicant Name(s) Applicant Signature(s) HOFBRAUBEERHALLSVLLC :CPp 21-1 Ris'naf»re PASP 10-2 State of California Department of Alcoholic Beverage Control APPLICATION SIGNATURE SHEET ("SIGN OI'V") - This farm is to be used as Ills signature page for i. oWNERSNIPTYPE (cheek °"') applica0ons not signed in the District Offtce. SC~Ie OWrier ^ CorporatiOri - RBadlnstructlons on reverse before completing. ~ Partnership /^ Limited Liability Company - A!! signatures must be notarized /n accordance w/th ^ Husband Bc W if_e ~ Other laws of lire state whens slgnecL Q Partnership-Ltd 2. FfLE NUMBER QI any) 9. 11CENSE TYPE ~. TRAN:~AGTiON TYPE © Original ^ Person to Person Transfer 41 ^ Exchange ^ Premise to Premise Transfer ^ Other 6. APPLICANT(S) NAME (Last, Mst, mldtll6) HOFBRAU BEER HALL S V, LLC a. APPUCANr•s MauNO aDOR~ss tsaam aaar«a~.o. oak. dty. uele. ztp aoeal 30123 1~I. WOLFE ROAD SUITE 2121, CUPERTINO, CA. 45014 7. PREMISES ADDRESS (St,aal eatl•ma, dtY. sIP reds) 10123 1V. WOLFE ROAD SUITE 2I21, CUPERTTNO, CA. 95014 APPLICANT'S CERTlF'ICATlON Under penalty of ptrjury each ppeerson whose signature appears below, certifies and says: fI) He/She is an applicant, or one of or an executtiive officer of the applicant licants the a payment of a loan or to fulfill an agreement entered into more than ninety (90) days pracedinB the day on which the transfer applicattiion is filed with the Department, (b) to aln or establish a , pp - -~ - "-~ -corporation, named in the foregoing ap !!cation, duty suthoriud prel:erence to or For eny'credttor or transferor, or gc) to defraud or to make this application on its behalf, 2) that he/she has read m~ure any creditor or transferor; (5) that the transffer application the forogomg and knows the contests ereof and that each of the may be withdrawn by either the applicant or the licensce wah no above statements therein made aro trot; (3~ that no person other than the applicant or applicants hea say direct or indirect interest d h resulting liability to the Deppartment. 1 understand that ifI fail to quality for the licease or withdraw this rv ce char e ofone-fourth of the li ti them will b e er t in the a p ICBIIt or applieant s business to be conducted un p i ca on e a se g app - s) for which this application is made; (4 that the transfer licenset license fee paid, up to 5100. - - application or p'oposed transfer is not made to (a) satisfy the - SOLE OWNER 9. PRINTED NAME Mat, ttrsl. mlaaa) SIGNATURE DATE 81GNED X PARTNERSHIP/LIMITED PARTNER8HIP (Stgnatures o1' general partners .only) 9. PARTNER'S PRINTED NAME (La9t, 16at, mWde) S16NATl1RE - DATE SIGNED X PARTNER'S PRINTED NAME (Las!, 1MSt, aMaae) SIGNATURE DATE SIGNED - - X ' PARTNER'S PRINTED NAME (Last ML mlatlte) SIGNATUfi1= vn • c on,.vvv . ~ X ~ CORPORATION ' 1D. PRINTED NAME (Last. a,et. RIIaQb1 SIGNATURE DATE SIGNED X TITLE ^ President ^ Vice President Chairman of the Board PRINTED NAME ¢as4 arsl aJdele) SIGNATURE DATE StGiV ED X TITLE ^ Secretary ^ Asst. Secretary ^ ChiefFinancial O~:icer ^-Asst. Treasurer LIMITED LIABILITY COMPANY 11. Tt)e limitad liability company is member-run ^ Yes ^/ No (If no, complete Item #12 below) t2. NAME OF DESIGNATED MANAGER. MANAGING MEMBER OR DESIGNATED OfTICER tLaat, Tral, mldda) ABC INRIALS)DATE (ABC use alM~ CiASTAGER, STEFAN ~~ ' i3. MEMBERS PRINTED NAME (Leal midge) AGEI2 STEFAN 31GNA ~ DATE SI/GNED ~ O~ 7 ., C3AST j X / 4 MEMBERS PRINTED NAME (Leal, Iffs; aYd~e) - SIGNATURE DATE S X . ABC-27 1-SIG (2/03) °S/C,iN ON" - 10-3 CALHF013NIA ALL-1~UI~POSE ACKB~HOVI/LE~GMENT <,:, State of California County of Sst^~Tvl- ~~/?-A On dllz:lo`a before me, (r ~~ r ~-~7yf~~/ PtiKt--rC , 0a[a Name arW Tple d Othcer (e.9., 'Jane t]ce, Ndery Pudic' personally appeared $ •t~i9rV ~~s~ ~~ Name(s) o/ Sgner(s) ' i] personally known to me ~r proved to me.on the basis of satisfactory evidence) to be the person whose name(ej isLaresubscribed to the within instrument and acknowledged to me that helsholtiaey executed the same in his~°-'.,.air authorized capacity(ia°fi and that by his/1-ietYtFreir s€gnature(aj~on the ~t„"`ys,n instrument the person(s), or the entity upon behalf of (r1pT~ttAZt-o- which the persor(s) acted, executed the instrurnant. Ootwtt rlr+. 1o0Y - WITNESS my hand and official seal. Plaea Notary Sea! Above - - slurs of Notary Pudic OPTIONAL Though the Information below Js nor required try Jaw, Jt may prove valuable to persons relying on the docurimgnt - and could prevent fraudulent removal and reattachment of this form to anofher document. Description of Attached Document Title or Type of Document: f~PHGYF.'Zar~1 5' ~ 6N+tM2t~ ~tt;E~ Document Date: ~ ~ t2~ `'~ f Signer(s). Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: p Individual O Individual O Corporate Officer -Title(s): O Corporate Officer - Tittle(s): O Partner - ~ Limited O General _ O Partner - O Limited O General _ _ O Attomey in Fact Top of thumb her¢ ~ Attorney in Fact Top o/ Ibumb here O Trustee O Trustee O Guardian or Conservator O Guardian or Conservator O Other: / O Other: Signer is Representing: ! Signer is Representing: ~Z:-a ~ ~3:~3.i~uZA~5b15r3°.iii'i'~'TESi~S~•i'i£%.i-Utz.~,:z"°R~t33:fi~:lid..C32Yt:.~d°'G4~i•:€:tS.St~~~~~a5ui:13L SYT.~.;~9aT•6ti3`~xx~•b~e_.•~JSf°-'-.1#~;::€"P.~':~:~•,.e,'}:ti,"-s3-= GA 91313-2402 ~ Item No. 5907 Reorder: Call Tdl-Free 1-BOO-676-6627 2402 • Chalevrorlh B PO ox . ® 20p6 4lalional Ndary Assorialion • 9350 De Soto Ave-, , 10-4 State of California Department of Alcoholic Beverage Control APPtlCATION SIGNATURE SHEET_ {"S/GN ON"j • This form is to be used as the signature page for applications not signed in the District OfFce. - Read7nstruct/one on revBrse before comp/at/n g. - All s/gnaturss must be notarized In accordance wJth /awe of the State where s/gnea~l. 2 FILE NUMBER (Ir any) 3. LICENSE TYPE Sole Owner PaLrfnership ~ Husband 8a Wife p Partnership-Ltd L TRANSACTION TYPE l] Original O Person to Person Transfer Q E)cchange ~ Premise to Premise Transfer ~ Other 5. APPLICANT(S) av/wt 1~sar, era, mwral HOFBRAU BEER HALL SV, LLC fi. gppLICANTS MAILING ADDRESS (Street addreae/P.O. bo%. eMy, slate, zip code) 10123 N. WOLFS ROAD SUITE 2121, CUPERTINO, CA. 95014 7. PREMISES ADDRESS (SVeat addrasa, city, zfp cods) 10123 N. WOLFS ROAD SUITE 2121, CUPERTINO, CA. 95014 APPLICANT'S CERTI/°/CRT/ON - Under penalty of perjury each parson whose signature appears below, certifies and says: (~) He/She is an applicant, or one of payment of a loan or [o fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer sin or establish a rtment (b) [o l d De li ti i f ith th the applicants, or an exacu lye officer of the appLaant corporation, named in the foregoing ap Iication, duly authortzcd , g i w pa ca on s e e app preference to or for eny creditor or transferor,~or(c)~ to defraud or----~-~-- -~ ~ -- - - li i ff to make this application on its behalf, )that he/she has read the foregoing and knows the contents f ereof and that each of the cat on er app injure any creditor or transferor; (5) that the trans may be withdrawn by either the applicant or the licensee w:th no - above statements therein made are true; (3) that no person other t st t i i di resulting liability to the Deppartment. ualify £or the license or withdraw this [understand that if 1 fail to n ere rec n than the applicant or applicants has any direct or licant or applicant s business to be conducted under the in the a q application there will ba a service chazge of one-fourth of the pp Iiceasa(s) for which this application is,made• (4) that the transfer a....LcuNr,,, nr nrnnnaed transfer Is not made to al satisfy the hceense fee paid, up to 5100. - SOLE OWNER 8. PRINTED NAME ((-as4 fnl middle) PARTNERSHIP/LIMITED PARTNERSHIP (Signatures of general partners only) 9_ PARTNERS PRINTED NAME (Leal, TYSL raWdle) BICiNATURE DATE SIGNED X X X CORPORATION 70. PRINTED NAME (Leaf, oral. mldme) SIGNATURE ~ DATE SIGNED X TITLE ~ President ~ Vice President ~ Chairman of the Board PRINTED NAME (Last, ara4 atddla) StGNATV RE I DATE SIGNED ~~ ~ ~ Secretary ^ Asst. Secretary Q Chief Financial Ol~icer DAsst. Treasurer LtMiTED LIABILITY COMPANY 11. The limited liability company is member-run ~ Yes [] 1~T0 (If no, complete item #12 12. NAME OF DESIGNATED MANAGER', ^MANAGING MEMBER OR DESIGNATEDy OFFl ERt~(tLea~, Nat nddd~t/s) p~ AI SUN, TONGSHENG) ~ Y 1 ~ , ~l ~ •~i e r ` ~j U1S~. 't/~ 73. MEMBER'S PRINTED NAME sl. Trst, middle) SIGNA RE a SUN, TONGSHENO ~ -~~ z~~~J~-,p~~~ ,~,~t R'S PRINTED NAME (Leal Trrsl middle) I SIGNATURt ' X 1-SIG {2/03) "S/ON ON" Q Corporation 0/ Limited Liability Company Q OtheY ~~ - 10-5 CAL11=0RNIA ALL-PIiRPOSE ACICN®WLE~GMENT - o State of California County of ~~ ~--'``~-'~ ~~y On t(.~"-~~~'~ before me, ~ `c_Q"13~~c ~~i~F.+2~ Date Name arxl Tala ¢I Dllicer (a.g., ^Jane Doe, Notary PubNc7 personally appeared --fry-~(~St-tE~G `~`"^) Neame(s) of Signer(s) personally known to me O (or proved to me on the basis of satisfactory evidence) to be the person(cjwf,ose name(sj'isLare-subscribed to the within instrument and acknowledged to me that -!3c/she<tHey executed the same in SaisEherltJaeir authorized capacity~iesfi and that by hls/her/their signaturejs~on the instrument the persons}, or the entity upon behalf of which the person-acted, executed the Instrument. Doter. s tls~etn - No7AFt'fntsuo-cAUt~wwA WITNESS my hand and official seal. SAN tIAA7LDODttNTT Qon11n. H Jan. ~ ZO iY Place Notary Saai Above - _ _ Signal d Notary Padie - OPT/ONAL Though the information below Is not required by law, It may prove valuable to persons relying on the document - and could prevent /raudulent removal and reattachment of this form to another document - Dascription of Attached Document , , _ _ Title or Type of Document: ~~'t~"°~ ~ ~^'~'~` ~ ~r`~ f Document Date: 1 t ~ ~<<°~ Number of Pages: ~ Signer(s). Other Than Named Above: Capacity(ies) Claimetl by Signer(s) Signer's Name• Signer's Name: O Individual O Individua[ O Corporate Officer - Title(s): O Corporate Officer -Title(s): p Partner - ~ Limited Q General _ ~ Partner - i] Limped ~ General _ O Attorney in Fact - O Attorney in Fact _ Top DI Thumb hears ~ TrU5te6 Top of thumb here O Trustee O Guardian or Conservator O Guardian or Conservator CJ Other: D Other: Signer is Representing: Signer Is Representing: ~C_cJ.i_iau~;.^~=.5:A.-L~a234SS~ C.aa~-.tT„+ya~S'.£-irr~.au~f-~-.i~-::n-,L2}°:-rasz..JS'is+x,Ydr.1~c: -~~ ~:.c-rs:~3u D.3::vL^3s_+~4_~yt.3:~r~-.-.F,a>~ ='yts~: JGa'Z::; cam' ~Ti~'_4•~x,"~?~~:.'=~:.iv~: ® 20D6 National Nolery Assocf815on • 9350 De Sob Ave., P.O. Box 2402 • Chatswort h, CA 91313-24D2 It¢m Na. S9D7 Reortler.-Ca8 Tdl-Fr¢e ~-eDD-B76-6927 10-6 State of California Department of Alcoholic Beverage Control APPLICATION SIGNATURE SHEET ("SIGN ON") _ - Thks form is to be used as the signature page for 1. owNr_RSi1i~ TvPE (Cacck ana> applications not signed in the District Office. 1y-~1 Sole Owner ~ Corporation • Read Instruct/oas on ratrersa before comp/sting. LJ Partnership 0/ Limited Liability Company - AB s/gnaluras must be notarized In accordance with ~ Husband 8a Wife ~ Other laws of the State where signed. ~ Partnership-Ltd 2. FILE NUMBER (a wry) 3. LICENSE TYPE 4. -rnnlv~nc: i ~urv 1 rrt ~ O.riginal p Person to Person Transfer 41 ~ E)cchange ~ Premise to Premise Transfer ~ Other HOFBRAU BEER HALL SV, LLC B. APPLtGNTS MAILING ADDRESS (SVmI add'ass/P_D. box, dty, riele, zip Dodo) 10223 N. WOLFS ROAD SUTTE 2121, CUPERTINO, CA. 95014 7. PREMISES ADDRESS (81rae1 adaress, aly, iJp coda) 10123 N. WOLFS ROAD SUITB 2121, CUPERTINO, CA. 95014 APPL/CANT'S CERT/I=/CAT/ON Under penalty of perjury eacit person whose signature appears below, certefies and says: f1) He/She is ors applicant, or one of payment of a loan or to fulfill ors agreement entered into more than nen~ety (;90) days preceding the day on which the transfer artment (b) to ain or establish a d ith th D li i fil the applicants, or an executive officer of the applicant , e e ep ae on is w ap)) ~ corporation, named in the foregoing appplication, duly authorized [o make this application on ita behalf, (L) that he/she has read th e) to defraud-or--.- preference to or for any creditor or transferor, or tn~l,tm any artdiior or transferor; (5) that the transfer application r the licensee with no i th li t hd b ith b i c the foregoing and knows the contents thereof and that each of e app can o rawn y e c may e w t above statements therein made are true; (3j that no person other than the appplicant or appltcanffi has any adlirect or indirect interest cted under the d li t b i t b resulting liability to the Department. I understand that if I fall to qualify for the license or withdraw this dioation ihert will be a service cfiarge of one-fourth of the a e con u can s us ness o in the applicant or app license(s) for which this application is made; (4) that the transfer annlica :on or nronosed transfer is not made to [a) satisfy the pl i)ce:nse fee paid, up to 5100. SOLfi OWNER 8. PRINTED NAME (Last, Ms4 aatlda) SIDNATURE DATE 81GNED X PARTNERSHIP/LIMITED PARTNERSHIP (Signatures of general partners only) B. PARTNER'S PRHVTEO NAME (fad, Ml, nlldd•e) SIGNATURE DATE SIGNt31 X PARTI~R'S PRINTED NAME (Lad, atsL tat~la) SIONATUf~ DATE SIGNED X PARTNER'S PRINTED NAME (Last. MsL Ridve) - SKiNATURE ~ DATE SIGNED X CORPORATION 10. pRINTED NAME (Led, arsL noddle) SIGNATLRE _ DATE SIGNED X TITLE Q President ~ Vice President ~ Chairman of the Board PRRJTED NAME (Last and, mMaa) SIGNATURE DATE SIGNED X TITLE ~ Secretary ^ Asst. Secretary ^ Chief Financial Of~'icer ^ Asst. Treasurer LIMITED LIABILITY COMPANY 14. The Bmited Ifabillty company is member-run ~ Yes Cl No (1f no, complete item #12 below) ABC INITIALS/DATE (ABCUao artlri 12. NAME OF DESIGNATED MANAGER, MANAGING MEMBER OR DESIGNATED OFFICER (Last rest, ntlCNe) /' / / ~ ~/ LIAO, PHII.LIP CHUANZE , ~ ~/~ SUI h Sfic~ lrL C ~ ~ (/f~" 73. MEMaER'S PRINTm NAME (Last rsd, ) 310 NATURE - - DATE SIGNED LIAO, PHII.LIP CHUANZE ji; / ~ J ~~-r MEM~R'S PRINTED NAME (last, ras4 nNdwe) SIGNATUR DATE S[GNED X ABC-211-SIG (2/03) "S/QN ON" 10-7 CALIF'iDRd~4®A i4LL-Pi.lIRPOSE ACK6N®WLE®GNBE(NT ~o;~• ~ a~~s~~e~.~~s~S4'frs~~•°`E,~~~~,~xr~-~~•~~ra.g~wa~&~;s x~ozze~va~ ~ rssxosaceaza' State of California - County of ~~ ~"~'~` On i <<~'~~-°$ before me, ~ ~ r ~y~7 ~! r3U~ Dale ~ Neme antl Tkle of arar (o.g, Jana D6e, Notary Pubric' ' personally appeared ~~l~~A GtrzC~fFNZ~ ~~o Neme(sy o! Slgruar(sy personalty known to me O (or proved to me_on the basis of satisfactory evidence) to be the person(.e~whose namd'(~ is/~ subscribed-to ti-ye within instrument and acknowledged to me that he/sHeftiiey executed the same in hiseir authorized capacity(ies), and that by hisr",.,_,-~,h~-signature(s}~on the instrument the persons} or the eritity upon behaifi ofi mrxtaxtstesrr which the person(,s.}acted, executed the instrument.' NOT/1ifYRiBltC-RAUF+Di1N111 ~ - - ~ yti ~ WITNESS my hand and official seal. Place Notary Beni Aeova - ' .- -- Si~aiura Notary Public OPTIONAL Though the infonrtatlon be/ow is not required by /aw, H may prove varuabte to persons relying on the document _ ' and could prevent /rauduient remove! and reattachment of this form to another document Description of Attached Docum nt ~ - Titie or Type of Document: At-c~-~I S tC-N~~<'~~>` Ft't-+°~~ _ _ __ _ Document Date: t.t(2~~°"~ (Number of Pages• Signer(s). Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's !Name: Signer's Name: ' O fndividual Q Individual Q Corporate Officer -Title(s): O Corporate Officer -Title(s): Q Partner - O Limited -L] General _ _ _ O Partner - Q Limited Q General _ Q Attorney in Fact _ ~ _ ~ Attorney in Fact rop nl thumb here Q Trustee top o/ irwmb here Q Trustee Q Guardian or Conservator - O Guardian or Conservator O Other: O Other: - Signer Is Representing: Signer Is Representing: - ~Z!n ~"3a'c~oYlE-1c?-lws3:s.~=a7~5r+'G~'~~-~'~S-s'1~.~+c~~ib~'CLZF72•~.C-~aD'a°a'.Pitt.:~8>.~>'~'G~iSt"~S~~sc•.L'~adx~s'v - `OMOxr~aesxr:/.6~'v5GIT1Y-carr!.^_-"iT~'~ic.i7~ri~s~'3E:~3;~1:::~';~+so: ® 2006 Nallonal Notary Association •9359 Ua Solo Ave., P.D. Box 2902 • Chalswolth, CA 91 3 1 3-24 02 Item No. 5907 Reorder: Call Tol-Free 1-BOO-976-6627 10-8