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08c. Arya Global Cuisine ABC City Hall 10300 Torre Avenue Cupertino) CA 95014 (408) 777-3212 Fax: (408) 777-3366 CITY~"OF CUPEI\1INO OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER 8 c.. AGENDA DATE '~r~7 t- 07 SUBJECT AND ISSUE Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Location: Type of Business: Type of License: Reason for Application: Arya Global Cuisine 19930 Stevens Creek Blvd. (Formerly Lone's Diner) Restaurant On-Sale Beer and Wine for Bona Fide Public Eating Place (41) Original Fees 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 of the license. Prepared by: Submitted by: ~~ lo~ Ciddy W orde , CIty Planner ~ David W. Knapp, City Manager 8e - 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 Control 100 Paseo de San Anton"io Rm. 119 San Jose, CA 95113 (408)277-1200 DISTRICT SERVING LOCATION: SAN JOSE ARY A GLOBAL CUISINE INC ARYA GLOBAL CUISINE File Number: 455312 Receipt Number: 1619603 Geographical Code: 4303 Copies Mailed Date: June 20, 2007 Issued Date: Fi rst Own er: NalTIe of Business: Location of Business: 19930 STEVENS CREEK BLVD CUPERTINO, CA 95014-2306 SANTA CLARA YeS Census Tract 5080.01 County: Is premise in S1 de ci ty 1 irni ts? Mailing Address: (If d ifferen t" iiC;-iTI--" premi ses address) Type of licensees): 41 Tra n sferar' s 1 i cense/name: License Type Transaction Type / Dropping Partner: Yes No ~ - Fee Type Master Dup Date Fee NA y 0 06/20/07 $300.00 NA Y 0 06/20/07 $304.00 NA N 2 06/20/07 $78 .00 Total $682.00 41 ON-SALE BEER AND ORIGINAL FEES 41 ON-SALE BEER AND ANNUALFEE 41 ON-SALE BEER AND STA1EFINGERPRINTS Have you ever been convicted of a felony? "N 0- Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any ~IYesn answer lo 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: June 20,2007 Under penalty of perjury, each person whose signature appears below 1 certifies and says: (1) He is an applicant, or one of the appl icants1 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 f oregoi ng and knows the contents thereof and that each of the above statemen ts therein made are true~ (3) that no person other than the applicant or applicants has any direct or indirect interest. in (he applicant or applicant's business to be conducted under the license{s) for which this application is made; (4) thal the transfer application or proposed transfer is not made to satisfy the paYlnent of a loan 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 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) ARY A GLOBAL CUISINE INe Applicant "5ignature(s X t- ;JJtl06t. Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 21 [ (6/99) State of California TO: Department of Alcoholic Beverage Control 100 Paseo de San Antonio Rm. 119 San Jose, CA 95113 (408)277 -1200 DISTRICT SERVING LOCATION:. SAN JOSE ARY A GLOBAL CUISINE INC ARY A GLOBAL CmSINE File Number: 455312 Receipt Number: 1619603 Geographical Code: 4303 Copies Mailed Date: June 20, 2007 Issued Date: First Owner: .Name of Business: Location of Business.: 19930 STEVENS CREEK BLVD CUPERTINO, CA 95014..2306 SANTA CLARA YeS Census Tract 5080.01 County: Is premise inside city limits? Mailing Address: (If different from"- -....---.-----. -.-.-----...-. premises address) Type of lic'ense(s): 41 Tran sferar' s license/name: I Dropping Partner: Yes~ No )' y y N Dup o o 2 Date 06/20107 06/20107 06/20/07 Total Fee License. Type Transaction Type Fee Type NA NA NA Master 41 ON-SALE BEER AND ORIGINALFEES 41 ON-SALE BEER AND ANNUALFEE 41 ON-SALE BEER AND STA1EFINGERPRINTS $300.00 $304.00 $78.00 $682.00 Have you ever been convicted of a felony? .N 0 Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any flY es~r 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_ q ualifi cati OIlS of a 1i censee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic. Beverage Control AcL STATE OF CALIFORNIA County of SANTA CLARA Date: June 20~ 2007 Under penalty of perjllry~ 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~ named in the foregoing application, duly authorized to 'make this application on its behalf; (2) that he has re~d the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other lhan the applicant or applicants has any direct or indirect interest in the applicant or applicanCs 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 satisfy the payment of a loan or to fulfill an agreemenl entered into fllore than 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 credi tor 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 wilh no resulting liability t.o the Department Applicant Name(s) ARY A GLOBAL CrnSINE INe A pp Ii cant Sign ature( s X f'~ Ct 7/17107 =trC v. J. Dervin 10109 Mello Place Cupertino, CA 95014 fB) IE ((; IE U\'H: rRI lf1) JUL 1 2 2007 l~ July 11, 2007 Steven Solis Investigator Department of Alcohol Beverage Control 100 Paseo de San Antonio, Ste 119 San Jose, CA 95113 CUPERTINO CITY CLERK RE: Your July 2, 2007 Notice Application for license to sell alcoholic beverages Arya Global Cuisine, Inc 19930 Stevens Creek Blvd Cupertino, CA 95014 Private residences bound approximately one third of this property. A well run dining establishment would be a welcome addition to the neighborhood. An entity that operates construction equipment in the parking lot at 9:30 at night as happened this last Saturday, July 7, 2007 certainly is not. Your notice states that the proposed hours of operation include as late as one o'clock in the morning on Saturday morning and Sunday morning. This is totally unacceptable. In addition to the "Amplified Music, Satellite Music", we will have patrons and employees operating motor vehicles in the parking lot immediately adjacent to private residence(s), perhaps at two A.M. when the employees finally depart? I understand that hours and entertainment are decided by the business owner and may change. I also believe that the Department of Alcoholic Beverage Control can set the hours during which alcoholic beverages can be dispensed. Restricting the hours of alcoholic beverage sales/service to 11 :00 A.M. to 10:00 P.M. would go a long way toward promoting a harmonious relationship between the neighbors and this restaurant. I am opposed to the granting of a license to sell alcoholic beverage under the conditions - limitations as stated in your July 2, 2007 notice. ~/~ Victor J. Dervin Copy: City of Cupertino / Business Permit Department 10300 Torre Ave. Cupertino, CA 95014