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09. Whole Foods Market ABC & Liquor license Clty-OF. CUPEI\1INO City Hall 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3212 Fax: (408) 777-3366 OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER 9 AGENDA DATE f'-f}-01 SUBJECT AND ISSUE Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Location: Type of Business: Type of License: Whole Foods Market 20955 Stevens Creek Blvd~ Market Off Sale Beer & Wine (20) On Sale Beer & Wine--Public Premises (42) Original Fees and Annual Fee Reason for Application: RECOMMENDA TION 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: &) ~ L~::l._.t!d~J 2t.J (}zL~~p Ciddy W ordell,ttity Planner QyL David W. Knapp, City Manager Printed on Recycled Paper 9 - 1 Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 2 I I (6/99) State of California TO: Department of Alcoholic Beverage Control 100 Paseo de San Antonio Rm. 119 San J ase, _CA 95113 (408)277 -1200 DISTRICT SERVING LOCATION: SAN JOSE WHOLE FOODS MARIillT CALIFORNIA INe WfIOLE FOODS MARKET File Number: 453866 Receipt Number: 1620562 Geographical Code: 4303 Copies Mailed Date: June 27, 2007 Issued Date: First Owner; Name of Business: Locati on of B usi ness: 20955 STEVENS CREEK BLVD CUPERTINO, CA 95014..2107 SANTA CLARA County: Is premise inside city limits? ....__ ..____ ____M.~1ili ng A ddr_~_s~____.__. (If different from premises address) Yes Census Tract 5078.06 5980. HORl'fON ST . _......._..._...____.__________.___ STE 200 EMERYVILLE, CA 94608-2057 Type of Ii cense( s): 20, 42 Transferor's license/name: Yes_ 322696 / WHOLE FOODS IV Dropping Partner: No y y Dup o o Date Fee License Type Transaction Type Fee Type NA NA Master 42 ON-SALE BEER AND ORIGINALFEES 42 ON-SALE BEER AND ANNUAL FEE 06/27/07 06/27/07 Total $3 OO~ 00 $226.00 $526.00 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 Departlnent pertaining to the Act? No Explain any ~IYesll 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: June 27,2007 Under penalty of peljury, each person whose signature appeal's below, certifies and says: (1) He is an applicant, or one of the applicants,. or an . executive officer of the applicant corporation, nanled in the foregoing application, duly authorized to make this application on its behalf; (2) that he has ];ead the foregoing and knows the contents thereof and that each of the above statements therein made are true~ (3) thnt no person other than the applicant or applicants has any direct or indirect inlerest in (he applicant or applicanCs business to be conducted under the licensees) 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 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 Of transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be wi thd ra wn by ei ther the a ppl i cant or the I icensee with no resu 1 Hng liabiI i ty to the Department. Applicant Name(s) WHOLE FOODS MARKET CALIFORNIA INe Applicant Signature(s) See 211 Sienature Paee 9-2 S ta te of Ca lifornia APPLICATION SIGNATURE SHEET ("SIGN ON") De partm e nt of Alcoholic Beverage Co n trol · This form is to be used as the signature page for applications not signed in the District Office. · Read instructions on reverse before complet;ng~ · All signatures must be notarized in accordance with laws of the State where signed. 2. FtLE NUMBER {if any) 3. LICENSE TYPE t. OWNERSHIP TYPE (Check one) 42 D Sole Owner D Partnership o Husband & Wife D Partnership-Ltd 4. TRANSACTION TYPE ~ Original .0 Person to Person Transfer D Exchange 0 Premise to Premise Transfer o Other ~ Corporation D Linlited Liability Company o Other 5. APPUGANT(S) NAME (Last, first, middle} Whole Foods Market California, Inc. 6. APPLICANT'S MAILING ADDRESS (Street addresslP .0. box, city. state. zlp code) 5980 Horton St. Ste 200, Emeryville, CA 94608 7. PREMISES ADDRESS (Street address, city. zip code) 20955 Stevens Creek Blvd., Cupertino, CA 95014 APPLICANT'S CERTIFICA TION be I~~~ ~~~ffi~~ ~~J f:~~1 i )tl:IS~~sisn a~~~~l ;~f~~ i~~~)~~pfF~ --------------K~1~1&8f ~ ~:~r~~:dj~~~~ a:la ~g~~e~hj~h e:J:~;~nj~!~iri ore- tlian------------- the applicants, or an executive officer of the applicant application is filed with tne Department, (b) to gain or establish a corporation, named in the foregoing aPElication, duly authorized preference to or for any creditor or transferor, or (c) to defraud or to make this appl ication on its behalf; (2) that be/she has read Injure any creditor or transferor; (5) that the transfer application the foregoing and knows the contents thereof and that each of the may be withdrawn by either the applicant or the licensee with no above statements therein made are true; (3) that no person other resulting liability to the Department. than the applicant or applicants has any direct or indirect interest I understand that if I fail to qualify for the license or withdraw this in the applicant or applicanfs business to be conducted under the application there will be a servIce charge of one-fourth of the licensees) for which this application is made; (4) that tbe transfer lIcense fee paid, up to $100. application or proposed transfer is not made to (a) satisfy the SOLE OWNER e. PRINTED NAME (Last,lIrsl, middle) I ~GNATURE I DATE SIGNED PARTNERSHIP/LIMITED PARTNERSHIP (Signatures of general partners only) 9. PARTNER'S PRINTED NAME (Last, first, midd'e) PARTNER'S PRINTED NAME (Lastt first, middle) SIGNATURE DATE SIGNED X S'GNA TURE DA TE SIGNED X SlGNA TURE DATE SIGNED X PARTNERIS PRfNTED NAME (last, first. mtddle) Gilmore Anthon I DATE StGNED ~ - ()S - b 7 CORPORATION 10. PRl NTE D NA M E (lastt first. m idd Ie) TITLE [8J President 0 Vice President 0 Chairman of the- s. oard PRINTED NAME (Last, first, middle) I SIGNATURE Percival, Albert E. X Signed in counterpart TfTLE ~ Secretary D Asst Secretary 0 Chief Financial Officer 0 Asst Treasurer LIMITED LIABILITY COMPANY I DATE SIGNED 11. The limited liability com pa ny is mem ber -ru n o Yes D No (If nOt complete Item #12 below) 12. NAME OF DESIGNATED MANAGER. MANAGING MEMB ER OR DESIGNATED OFFICER (Laslo first. middle) ABC lNJTtALS/OA TE (ABC use only) 13. MEMBER'S PRINTED NAME {Last, first, midd'e} SIGNA TURE DATE SIGNED x MEMBER'S PRINTED NAME (Last, firstl middle) I SIGNATURE Ix I DATE SIGNED 9-3 ABC-211-SIG (2/03) I1S/GN ON" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c~r,for'1i a... A Ii.\. Meek 0... 'L~ ".. It" 7 o &-v ~) ~ ~ Ll_ \V e.r S-lI\ f VVo~tAN1 '" Jo II C " "" . before meT I.- fF\- J v- J ,-- Date I Name and 11 Ue of Office r (e. g. ~ llJa ne Doe. Notary P u bHc~) personally appeared Avt~~ b,/V'1ov-e.-- Name(s) ot Signer{s) o personally known to me - OR - ~ed 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 State of County of On __ ........ ~ ...... "'^"- ~ -^- ......... .......... .A.. .#.. """- - ~ ) DAVID E~ HALVERSON s: o U COMM. # 1109874 G) (!J HOTtJ.~~~ c~~~Nl~--n ~ COMM. EXPIRES peCt 20, 2010 ..L Signatu re of Notary Publ ic OPTIONAL Though the information below is not required by la~ it may prove valuable to persons relying on the document and could prevent fraudulent removal and rea ttachment of this form to another document. Description of Attached Document tVYP 1("ewH~ r 'J'Vtft 1vv-LJ~ e e1 Title or Type of Document: Document Date: (;!If /67 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: D J nd ividuaf o .Corporate Officer Title( s ) : o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee D Guardian or Conservator D Other: Top of thumb here o I ndivid u al o Corporate Officer Title( s):- o Partner - 0 Limited 0 General o Attorney-in-Fact tJ Trustee o Guardian or Conservator D Other: Top of thumb here Signer Is Representing: Signer Is Representing: @ 1995 National Notary Association" 8236 Remmel Ave.t P.o. Box 7184 · Canoga Parkj CA 91309-7184 Prod. No. 5907 Reorder; Call T oU-Free 1 ~BOO-876~6B27 State of Ca lifornja APPLICATION SIGNATURE SHEET (&tSIGN ON") Department of Alcoholic Beverage Control · This form is to be used as the signature page for a ppl ication s not sig ned in th e District Office. · Read instructions on reverse before completing. · All signatures must be notarized in accordance with laws of the State where signed. 2. FJlE NUMBER (If ;my) 3. LICENSE TYPE 42 1. OWNERSHIP TYPE (Check one) D Sole Owner D Partnership D Husband & Wife o Partnership-Ltd ~ Corporation o Linlitcd Liability Conlpany o Other 4. TRANSACTION TYPE ~ Original 0 Person to Person Transfer o Exchange 0 Premise to Premise Transfer D Other 5. AP P UCANl (8) NAME (LB 5 t, first, middle) Whole Foods Market California, Inc. 6. APPLlCANrS MAlUNG ADDRESS (Streel address/P.O. box. cny. slate~ zip code) 5980 Horton St~ Ste 200, Emeryville, CA 94608 7. PREMJSES ADDRESS (Street address. city. zip code) 20955 Stevens Creek Blvd., Cupertino, CA 95014 APPLICANT'S CERTJFJCA TION - ........... payment of a loan .or to fulfill an agreenlent 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 creditor or transferor, or ( c) to defraud or In j tlre any creditor or transferor; (5) that the transfer a p pli cat] on 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 serv]ce charge of one-fourth of the lIcense fee paid, up to $100. Under penalty of perjury, each person whose signature appears belovl, certifies and say~s: (l) I-ie/She is all applicant, or one of the applicants, or an executive officer of the applicant corp ora ti o~, nanl~d i"!1 th e f~regoing a PQ 1 i cation, dll) Y authorized to make thIS applIcation on Its behalf; (2) that he/she has read the foregoing and knows the contents the.reof 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 ll1ade to (a) satisfy the SOLE OWNER 8. PRINTED NAME (Lasl. first. middle) I ~GNAlURE I DATE SIGNED PARTNERSHIPfLIMITED PARTNERSHIP (Signatures of general partners only) 9. PARTNERIS PRINTED NAME {Lastl first. middle} SrGNA lURE I DATE SIGNED x PARTNER'S PRINTED NAME (lastl first, middle) SIGNA TURE DATE SIGNED x. PARTNER'S PRINTED NAME (Last~ ftrst. middle) SIGNA TURE x CORPORATION DATE SIGNED I DATE SIGNED 10. PRINTE D NAME (Last, first, middle) I SlGNATURE X Signed in counterpart nTLE ~ President D Vice President D Chaim1an of the Board -~:~~T:::;~ (L:~:~ ::d~~. . -------....- -----.-I~GM--,'.------------ ____me TITLE ~ Secretary D Asst. Secretary 0 Chief Financial Officer LIMITED LIABILITY COMPANY 11. .The limited liability company is member-run 12. NAME OF DESIGNATED MANAGER, MANAGING MEMBER OR DESIGNATED OFFJCER (Last, firsl, middle) o Yes DNa (If no~ complete It 13. MEMBER'S PRINTED NAME (Last. first. middle) SIGNATURE x MEMBER'S PRJNTED NAME (Last, first~ middle) SIGNATURE x ABC-211-SIG (2/03) ffSIGN ON" . DATE SIGNED DA TE SIGNED 9-5