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06. ABC licenses CITY OF CUPEIUINO City Hall 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3212 Fax: (408) 777-3366 AGENDA ITEM NUMBER SUBJECT AND ISSUE OFFICE OF THE CITY MANAGER SUMMARY ~Q AGENDA DATE June 5. 2007 Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Location: Type of Business: Type of License: Reason for Application: RECOMMENDATION Whole Foods Market California Inc. 20955 Stevens Creek Blvd. (previous Anderson Chevrolet site) Supermarket Off-Sale Beer and Wine (20) Premise-to-Premise Transfer 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: #, C~ Uh;'7-d/~ Ciddy Wor. ell, CIty Planner Submitted by: QsLL David W. Knapp, City Manager 6-1 Printed on Recycled Paper Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) State of California TO: Department of Alcoholic Beverage 100 Paseo de San Antonio Rm. 119 San Jose, CA 95113 (408)277-1200 DlSTRlCT SERVING LOCATION: Control File Number: 453866 Receipt Number: 1614007 Geographical Code: 4303 Copies Mailed Date: May 11, Issued Date: 2007 Fi rst Owner: Name of Business: SAN .lOSE WHOLE FOODS MARKET CALIFORNIA INC WHOLE FOODS MARKET Location of Business: 20955 STEVENS CREEK BLVD CUPERTINO, CA 95014-2107 SANTA CLARA County: Is premise inside city limits? Mailing Address: (If different from premises address) Yes Census Tract 5078.06 5980 HORTON ST STE 200 EMERYVILLE, CA 94608.2057 Type of licensees): 20 Transferor's license/name: 322696 / WHOLE FOODS Iv. Dropping Partner: Yes_ N01 y Dup o ~ m $100.00 $100.00 License Type Transaction Type Fee Type Master 20 OFF-SALE BEER ANI PREMISE TO PREMISE TRANS NA 05/11/07 Total 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 queslions 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: May 11,2007 Under penalt)' of perjury, each person whose signature appears below, certifies and says: (I) He is an applicant, or one of the applicants, or an executive officer 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 thun the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the Iicense(s) for whicll 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. agreen)enl entered inlo more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish 0 preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by cither the applicant or the licensee with 110 resulting liability to the Dcpartment. Applicant Name(s) WHOLE FOODS MARKET CALIFORNIA INe Applicant Signature(s) See 211 Sifnature Paee 6-2 Department of Alcoholic Beverage Control Stale of California APPLICATION SIGNATURE SHEET ("SIGN ON") . 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. I 1. OWNERSHIP TYPE (Check one) o Sole Owner o Partnership o Husband & Wife o Partnership-Ltd ~ Corporation o Limited Liability Company o Other 2. FilE NUMBER (il any) 3. LICENSE TYPE 4. TRANSACTION TYPE 20-322696 20 5. APPlICANT(S) NAME (Last, first, middle) Whole Foods Market California, Inc. 6. APPUCANT'S MAILING ADDRESS (Street i1ddressn>.O. box, city, slale, zip code) Cl Original o Exchange D Person to Person Transfer 181 Premise to Premise Transfer D Other 5980 Horton St. Ste 200, Emeryville, CA 94608 7. PREMISES ADDRESS (Street address, chy. zip code) 20955 Stevens Creek Blvd., Cupertino, CA 95014 --.;#1'07 APPLICANT'S CERTlFICA TlON Under penalty of perjury, each person whose signature appears below, certifies and says: (J) He/She is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing apQlication, duly authorized to make this application on its behalf; (2) that he/she has read tlJe 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 licensees) for which tlJis application is made; (4) that the transfer application or proposed transfer is not made to (a) satisfy the SOLE OWNER " PRINTED NAME (Lasl.firsl, middle) I ~GNATURE I DATE SIGNED PARTNERSHIP/LIMITED PARTNERSHIP (Signatures of general partners only) 9. PARTNER'S PRINTED NAME (lasl, fIrSt. middle) SIGNATURE x PARTNER'S PRINTED NAME (Las~ first, middle) SIGNATURE x PARTNER'S PRINTED NAME (Lasl, first, middle) SIGNATURE x ORPORATION payment of a 10a11 or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the .Department, (b) to gain or establish a preference to or for any credltor or transferor, or (c) to defr.llld or mjure any creditor or transferor; (5) that the tf'd11sfer application may he 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 SCTVlce charge of one-fourth of the hcense fee paid, up to $LOO. DATE SIGNED DATE SIGNED DATE SIGNED A-A R. . AN Notary PUbliC: S!atf" of ~ exa~ ,\Ilutlllll. ~~~... "..~':"~ .. . . c \~. .~~ ""'''';''\\.~......': ;;""Jhfl~"\'" counterpart ~~~ I ~~~NE~ 10. PRINTED NAME (Last, first, middle) Gilmore, Anthony M. TITLE j SIGNATURE X Signed in ~ President D Vice President PRINTED NAME (las~ first, middle) 'vi / Percival, Albert E. TITLE l8J Secretary 0 Asst. Secretary 0 Chief Financial Officer D Asst. Treasurer LIMITED LIABILITY COMPANY 11. The limited liability company is member-run DYes DNo (If no, complete Item #12 below) I ABC INITIALSJOATE (ABC use only) -I DATE SIGNED I i DATE SIGNED I 12, NAME OF DESIGNATED MANAGER. MANAGING MEMBER OR DESIGNATED OFFICER (lasl. first, middle) '1. MEMBER'S PRINTED N(\M€ (Lasl, f.s~ middle) SIGNATURE X MEMBER'S PRINTED NAME (Lasl, filS~ middle) SIGNATURE X ABC-211-SIG(2103) ( ,ft' 04.' r .~ h'- III ^ IIS/GN ON" 6-3 Sti:lte of California APPLICATION SIGNATURE SHEET (USIGN ON") Department of Alcoholic Beverage Control . 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. 3, LICENSE TYPE 2. FILE NUMBER (if my) 20-322696 20 5, APPUCANT(S) NAME (Lasl first, middle) Whole Foods Market California, Inc. 6. APPLlCANT'S MAILING ADDRESS (StreeladdressIP.O. box, city. state. zip code) 5980 Horton St. Ste 200, Emeryville, CA 94608 7. PREMISES ADDRESS (Slreet address, clly, zip code) I 'B~i~F.~:~;-' o Husband & Wife o Pm1nership- Ltd 4. TRANSACTION TYPE I 0 Original D Person to Person Transfer o Exchange ~ Premise to Premise Transfer ! D Other , ~ Corporation D Limited Liability Company D Other . 20955 Stevens Creek Blvd., Cupertino, CA 95014 APPLICANT'S CERTIFICATION payment of a loan or to fulfill an Hl!reement entered into more than ninety (90) days preceding the daion which the transfer application is filed with die Department. (b) to gain or establish a preference to or for any creditor or transferor, or (c) to defraud or mjure any creditor or transferor; (5) that the transfer application may be withdrawn by either tbe applicant or the licensee with no reslllting liability to the Department. I understand that if I fail to <{ualif)' for the license or ....'ithdraw this application there will be a servIce charge of one-fourth of the license fee paid, up to $ 100. .. Under penalty of perjUry, each person whose signature appears below, certifies and says: :(1) He/She is an applicant, or one of tbe applicants, or an executive officer of tbe applicant corporation. named in the foregoing aPI?Iication. duly autllOrized to make this application on its behRIf; (2) that he/she has read the foregoing and knows tbe contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants lIas any direct or indirect interest in the applicant or applicant's business to be conducted under the Iicense(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to (a) satisfy the SOLE OWNER 8. PRINTED NAME (last. tirot, middle) I ~GNATURE I DATE SIGNED PARTNERSHIP/LIMITED PARTNERSHIP (Signatures of general partners only) SIGNATURE DATE SIGNED X SIGNATURE DATE SIGNED X SIGNATURE DATE SIGNED X . 9, PARTNER'S PRINTED NAME (lasl. first, middle) PARTNER'S PRINTED NAME (Lasl first, middle) PARTNER'S PRINTED NAME (LasL frst, middle) CORPORATION 10. PRINTED NAME (Last. f.st, middle) Gilmore, Anthony M. TITLE IDA TE SIGNED i.t - 3 - ,..:,..~.. 181 President 0 Vice President PRINTED NAME (last. first, middle) D Chainnan of t. ~ oard I SIGNATURE IX Signed in counterpart I DATE SIGNED I Percival, Albert E. TITLE ~ Secretary 0 Asst. Secretary 0 Chief Financial Officer D Asst. Treasurer LIMITED LIABILITY COMPANY 11. The limited liability company is member-run DYes DNo (If no, complete Item #12 below) i ABC INITIALSIDATE (ABC use only) I I I DATE SIGNED I DATE SIGNED I 12. NAME OF DESIGNATED MANAGER, MANAGING MEMBER OR DESIGNATED OFFICER (Lasl firsl middle) 13. MEMBER'S PRINTED NAME (Last, first, middle) ~TURE [ ~GNATURE IX "SIGN ONn MEMBER'S PRINTED NAME (Last, flrsl middle) ABC-211-SIG (2/03) 6-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C~l~fort1i ~ A l~Mecla... County of On "'0-(';\ ~(',,{'- LOC/1- Dale personally appeared \/4"" ~t-., ~""\ o personally known to me - OR 4proved 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 hislher/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. TODD P. CONNORS~ COMM. # 1-45&322 n NOTARY pUBUC-CALfORNIA VI ^LAMEDA: COUNTY 0 COMM. EXP. DEC. 14, 2007.... WITNESS m!,.~~,:~~~f}d'15ffiCial seal. ,/ // /.../ ~ .--;;7 ~. ~?~/:.r- c:;...e- /' /ignalure of Notary Public ,,<JPTIONAL Though the information below is not required by Jaw, 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 Title or Type of Document: tfrp p ~~ c.cv~i u--.... ) t ~ t-'..-v/v.- Document Date: ~ 'Ii I '5 ..r.). 'Zoo .;r- Number of Pages: ---L- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: o Individual 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 lhOmb here RIGHT THUMBPRINT OF SIGNER o Individual o Corporate Officer ....--..../.. Trtle{s}: ._-----~' ....-"- o Partner - I:H::imited 0 General ,..-.- o Attp,mey-in-Fact ....-Ia-Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUr,1BPRINT OF SIGNER Signer Is Representir)Q: Signer Is Representing: C 1995 National Notary Association' 8236 Remmel Ave.. P.O. Box 7184 . Canoga Park, CA 91309. 718~ Prod. No. 5907 Reorder. Call Ton-Free 1-80D-87&-682.7 CITY'F CUPEIQ"INO AGENDA ITEM NUMBER SUBJECT AND ISSUE City Hall 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3212 Fax: (408) 777-3366 OFFICE OF THE CITY MANAGER SUMMARY (06 AGENDA DATE June 5.2007 Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Location: Type of Business: Type of License: Reason for Application: RECOMMENDATION Sushi Tatsumi 19754 Stevens Creek Blvd (Marketplace Shopping Center) Restaurant On-Sale Beer and Wine for Bona Fide Public Eating Place (41) Original Fees. Annual Fee & State Fingerprints 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: C'~c?J~ Ciddy Wor ell, CIty Planner Submitted by: ~ David W. Knapp, City Manager 6-6 Printed on Recycled Paper Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) State of California TO: Department of Alcoholic Beverage 100 Paseo de San Antonio Rm. 119 San Jose, CA 95113 (408)277-1200 DISTRICT SERVING LOCATION: Control File Number: 454131 Receipt Number: 1615139 Geographical Code: 4303 Copies Mailed Date: May 18, 2007 Issued Date: First Owner: Name of Business: SAN .JOSE TA TSUMI LLC SUSHI T A TSUMI Location of Business: 19754 STEVENS CREEK BLVD CUPERTINO, CA 95014-2456 SANTA CLARA County: Is premise inside city limits? Mailing Address: (If different from premises address) Yes Census Tract 5080.01 Type of licensees): 41 Transferor's license/name: / Dropping Partner: Yes_ NoJ License Type Transaction Type Fee Type NA NA NA Master Dup Date y 0 05/18/07 Y 0 05/18/07 N 1 05/18/07 Total Fee $300.00 $304.00 $39.00 $643.00 4] ON-SALE BEER AND ORIGINALFEES 41 ON-SALE BEER AND ANNUALFEE 41 ON-SALE BEER AND STATE FINGERPRINTS 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 10 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: May 18,2007 Under penalty of perjury, each person whose signature appears below, certifies and says: (I) He is an applicant. or one of the applicants. or an executive officer of the applicant corporation, named in the foregoing application. duly authorized to make tltis 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 Iicense(s) for which this application is made; (4) that the transfer application or proposed tnIDsfer is not made to satisfy the payment of a loan or to fulfill an ngreement entered into more than ninety (90) days preceding the 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 transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) TATSUMI LLC