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07. ABC License CITY OF CUPEIQ"INO City Hall 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3212 Fax: (408) 777-3366 OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER , AGENDA DATE September 5, 2006 SUBJECT AND ISSUE Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Location: Type of Business: Type of License: Reason for Application: Merlion Marketplace, Inc. 19628 Stevens Creek Boulevard (Marketplace) Restaurant On-Sale General for Bona Fide Public Eating Place (47) Person-to-Person Transfer and Annual Fee RECOMMENDATION There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objection to the issuance ofthe license. Prepared by: Ci~it~~ Submitted by: ~ David W. Knapp, City Manager G: IPlanninglMISCELL IABClabc albertsons.doc '1-( Printed on Recycled Paper Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) AIlC 211 (6/99) State of California TO: Department of Alcoholic Beverage 100 Paseo de San Antonio Room 119 San Jose, CA 95113 (408) 277-1200 DISTRICT SERVING LOCATION: Control File Number: 443844 Receipt Number: 1578825 Geographical Code: 4303 Copies Mailed Date: August 25, 2006 Issued Date: Fi rst Owner: Name of Business: SAN .lOSE MERLION MARKETPLACE INC MERLION MARKETPLACE INC Location of Business: 19628 STEVENS CREEK BLVD CUPERTINO, CA 95014-2465 SANTA CLARA County: Is premise inside city limits? Mailing Address: (If different from premises address) Yes Census Tract 5080.01 Type of license(s): 47 Transferor's license/name: 74734 / HAMASUSHI INC Dropping Partner: Yes No License Type Transaction Type Fee Type Master Dup Date 47 ON-SALE GENERAL I PERSON TO PERSON TRANSF P40 Y 0 08/25/06 47 ON-SALE GENERAL I ANNUAL FEE P40 Y 0 08/25/06 47 ON-SALE GENERAL I PREMISE TO PREMISE TRANS P40 Y 0 08/25/06 Total Fee $1,250,00 $758.00 $100,00 $2,108,00 Have you ever been convicted of a felony? No 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 part of this application, 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: August 25, 2006 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 orncer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true, (3) that 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 the license(s) for which this application is made; (4) thai the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an ugreement entered into more than ninely (90) days preceding the duy on which the transfer upplication is riled with the Depurtment or to gain or establish a preference to or for uny creditor or transferor or to defwud or injure uny creditor of transferor; (5) thut the transfer applicution may be withdrawn by either the applicant or the licensee with no resulting liability to the Department, Applicant Name(s) Applicant Signature(s) MERLION MARKETPLACE INe See 211 Signature Par;e 1-2. State of California APPLICATION SIGNATURE SHEET ("SIGN ON") I 1 OWNERSHIP TYPE (Check one) I . This form is to be used as the signature page for applications not signed in the District Office, Read instructions on reverse before completing. All signatures must be notarized in accordance with laws of the State where signed. 2, FILE NUMBER (II any) 3 LICENSE TYPE 47 5 APPLlCANT(S) NAME (Last, Itrst, middle) Merlion Marketplace, lnc, Department of Alcoholic Beverage Control D Sole Owner o Partnership D Husband & Wife D Partnership-Ltd o Corporation D Limited Liability Company D Other 4. TRANSACTION TYPE D Original D Exchange EJ Person to Person Transfer EJ Premise to Premise Transfer D Other 6. APPLICANT'S MAILING ADDRESS (Slreet addresslP.O box, cily, stale, Zip code) 19628 Stevens Creek Blvd" Cupertino, CA 95014 7. PREMtSES ADDRESS (Slreet address, City, zip code) Same as above APPLICANT'S CERT/FICA T/ON Under penalty of pel jury, each person whose signature appears below, certifies and says: (I) He/She is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing aPRlication, duly authorized to make this application on its behalf; (2) that he/she has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that 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 the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to (a) satisfy the payment of a loan or 10 fulfill an agreement entered into more than ninety (90) days preceding thc day on which the transfer application is filed With the Department, (b) to gain or establish a preference to or for any creditor or transferor. or (c) to defraud or II1jure any creditor or transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. I understand that if I fail to qualify for the license or withdraw this application there will be a service charge of one-fourth of the license fee paid, up to $100, SOLE OWNER 8 PRINTEO NAME (Last, firsl, middle) I SIGNATURE IX I DATE SIGNED I PARTNERSHIP/LIMITED PARTNERSHIP (Signatures of general partners only) 9. PARTNER'S PRINTEO NAME (Last. flrsl, middle) I SIGNATURE NA :X NA OATE SIGNED PARTNER'S PRINTED NAME (Lasl, [lrst, middle) SIGNATURE DATE SIGNED NA X PARTNER'S PRINTED NAME (Last, first, middle) SIGNATURE NA CORPORATION X DATE SIGNED ~. P. INTED NAME (Lasl, flfsl, middle) hang, Huei Liang /;fLE ~ 0 President D Vice President ~RINTED NAME (Lasl, firsl. middle) ; hang, Tina Tieu- Tien TITLE o Secretary D Asst. Secretary LIMITED LIABILITY COMPANY D Chainnm le Board I SIGNATURE X"0~~' D Chief Financial Officer D Asst. Treasurer I DATEi'/7~/ 0 (, 11, The limited liability company is member-run (If no, complete Item #12 below) DYes DNo 12 NAME OF DESIGNATED MANAGER, MANAGING MEMBER OR DESIGNATED OFFICER (Last, [lrsl. middle) NA ABC INITlALSIDA TE (ABC use only) i DATE SIGNED I I I DATE SIGNED I I 13 MEMBER'S PRINTED NAME (Lasl, flfSl, middle) SIGNATURE NA X MEMBER'S PRINTED NAME (Lasl, flfsl, middle) SIGNATURE x ABC-211-SIG (2/03) "SIGN ON" 1-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~o(.'.G<'...G(.>~~~~.c<'..<W.G<'..0<'.R,(>v6<'~~,e(,>,0(.'.c<>.c<'vC<'.R,(>~...c<xX'viX'b('~.,b(.'d'vC<'~viX'.c<'.c<'b('vO:' appeared } 88 me, 0-t~dCl C, CamVlovCl /' Natovy ,~~Ij L- Name and Tille 01 Olllcer (e,g" 'Jane Doe, Nolary Public") '1ieU--\\CV) ChaY)~ C\hd '\+uct li C\tJ ,C~C1.hq Name(s) of Slgner(s) ......; State of California County of On personally Tina ~rSOnallY known to me ~ CRtSELDA C. CASANOVA CommIsSIon # 1654185 i ~ Notary Public "California ~ j' Santo Cloro County ~ My Comm. ExpIres Apf 23. 201 .......------------------- o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above ~~ 'gnature 01 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document ~.l+r I Title or Type of Document: App I. ~! \;To re.- Document Date:A~~~t- \4 Q-01J1p Signer(s) Other Than Named Above: Y\ () \'1-e.., C;;hee;f Number of Pages: Capacity(ies) Claim~d by Signer~ha Signer's Name: ttUe-1 L..IO.2) ,:) ~dividual l.. o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: Top of thumb here Signer's Name: Tinci lic.u.-,iC''l ~dividual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or Conservator o Other: ChO\~~ Top of thumb here Signer Is Representing: C;Ctf- Signer Is Representing: c:;C'tf ,'.Ov'0(,^Q<.,"Q<.,.~'<Y,;,<:X;C<:;<x.~^<;X.'(..(,'<<"C(,'C0^Q<.,~"G(.'G<.,^c<""<X.'Qv^G-<,,"<X-"C<;C<,,^Q(.'Q(,^<:X>G<,,^C(,^Q(,~'<X>~-Q<>G(,-g.(,"GV~~~'C<;Q<.."6(,-CX <92004 National Notary Association' 9350 De Solo Ave" P.O Box 2402 ' Chalsworth, CA 91313-2402 Ilem No. 5907 Reorder: Call Toll-Free 1-800-876-6827 ;-y