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17. ABC C&C Breeze CafeCITY OF OFFICE OF THE CITY MANAGER CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3212 • FAX: (408) 777-3366 CUPERTINO SUMNLAI,RY AGENDA ITEM NUMBER ~ AGENDA DATE ~.~ G~ ~. ~.~~ ~`~ SUBJECT AND ISSUE Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: C&C Breeze Cafe Location: 21670 StevE;ns Creek Boulevard Type of Business: Restaurant Type of License: On Sale BeE:r &Wine-Eating Place {41) Reason for Application: Person to Person Transfer, Duplicate & Annual Fee RECOMMENDATI(5N 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: hao, City Planner Submitted by: ~~~"~ Dav~~d W. Knapp, City Manager G:planning/misc/abc C&C Breeze Cafe 17-1 ' Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) AAC 211 (6/99) TO: Department of Alcoholic Beverage Control File Number: 483082 100 Paseo de San Antonio Receipt Number: 1732906 Rm. 119 Geographical Code: 4303 San Jose, CA 95113 Copies Mailed Date: (408)277-1200 Issued Date: DISTRICT SERVING LOCATION: SAN ;[OSE First Owner: CHU PO CHAN Name of Business: C & C BREEZE CAFE Location of Business County: Is premise inside city limits? Mailing Address: (If different from premises address) Type of license(s): 41 21670 STEVENS CREEK BLVD CUPERTINO, CA 95014-1149 SANTA CLARA Yes 6705 TRINIDAD DR SAN JOSE, CA 95120 State of California Census Tract 5077.0]. 's license/name: 476569 T f / M & C FOODS LLB Dropping Partner: Yes No /~ rans eror License Tyye Transaction Tvne Fee T e Master Duu Date 'Fee. 41 ON-SALE BEER AND ANNUAL FEE NA Y 0 0 9 / 2,~ / 0 9 $ 3 39.00 30 TEMPORARY PERMI DUPLICATE NA Y 1 0 9 / 2~/ 0 9 $100.00 41 ON-SALE BEER AND PERSON TO PERSON TRA NSF NA Y 0 0 9 / 2 i 0 9 $150.00 Total $589.00 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" answei 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: September 22, 2009 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, named in the foregoing application, duly authorised to make this application on its behalf; (2) that he has read the foregoing attd 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 satisfy the payment of a loan or to fulfill an agreement entered info 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 de6•aud or injure any creditor of transferor, (5) that the transfer application may be withdrawn by either [Ire applicant or the licensee with no resulting liability to the Department. Applicant Name(s) Applicant Signature{sue CHU PO CHAN 17-2 Slate of California LICENSE TRANSFER REQUEST • This form Js to be signed by transferors only. • Read instructions before completing. • A11 signatures must be notarized in accordance with Jaws of the State where signed. "SIGN OFF'' Department Df Alcoholic Beverage Control 1. DISTRICT OFFlCE 2. LICENSE NUMBER San ,lose 41-476569 3. TRANSACTION'lYPE , ^ Exchan€;e ^ Premise to Premise Transfer ^/ Person to Person Transfer ^ Other 4. LICENSEE'S NAME (TransferodSeBe¢ 5. A'PLICANTS NAME (trans/eree/t3uyerJ M&C I'OODS LLC POCHAN CHU 6. EXISTING PREMISES ADDRESS 21670 STEVENS CREEK BLVD, CUPERTINO, CA 95014-1149 7. LICENSEE'S MAILING ADDRESS (rranslerodSeller) 8. LICENSEE'S PHONE NUMBER 6705 TRINIDAD DR., SAN JOSE, CA 95120 (408 ) 335-0448 ! hereby request surrender of my license under Section 24045.5(b) of the A8C Ac( so that a Temporary Permit maybe issued to the transferee. 9. SIGNATURE OF TRANSFERORlSELLER FOR TEMPORARY PERMI7(onfyonesiynaltae requked) DATE SIGNED X 10. RE E A Ti. SURRENDER DATE 12. T.MP. EFFECTIVE BATE 13. TEMP. EXPIRATION DATE 03/31/2010 9/I6/2009 9/16/2009 9/15/2010 TRANSFEROR'S CERTJFJCATION Under penalty of perjury, each person whose signature appears below, certifies and says: {1) He is the licensee named in the foregoing transfer application, duly authorized to make this transfer applicatmn; 2 r that he hereby makes application to surrender all hiterest m the license(s) described above and to transfer same to the app{icant and/or location indicated on the upper portion of this form, if such transfer is approved by the Director; (3) that the tlTlnsfer application Dr pproposed fi•ansfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninet ~ days preceding the da ~ on which the transfer application is filed with the Department or to pain or establish a preference to or for any creditor of transferor or to ~efraud or injure any credltor of transferor; (4) that the transfer application may be withdraNai by either the applicant or the licensee with no resulting liahtfity to the Department. SOLE OWNER 14. SOLE OWNER'S PRINTED NAME (Last, iris!, middle) I SIGNATURE DAT£ SIGNED X PARTNERSHIPlLIMI7ED PARTNERSHIP (signatures of general partners only) 15. PARTNER'S PRINTED NAME (Last, first, middle) SIGNATURE DATE SIGNED X PARTNER'S PRINTED NAME (Last, first, middle) SIGNATURE DATE SIGNED X PARTNER'S PRINTED NAME (Last, firs( middle) SIGNATURE DATE SIGNED X CORPORATION 16. CORPORATE OFFICER'S PRINTED NAME (Last, hrsl, middle) ~ SIGNATVRE DATE SIGNED X TITLE ^ President ^ Vice President ^ Chairia~an ofthe Board . CORPORATE OFFICER'S PRINTED NAME (Last, first, middle) SIGNATURE DATE SIGNED X TITLE ^ Secretary ^ Assistant Secretary ^ Chief I•inancial Officer ^ Assistant Treasurer LIMITED LIABILITY COMPANY 17. The limited liability company is member-run ~ Yes ^ No (If no, complete Item #18 below) 16. NAME OF DESIGNATED LLC MANAGER, MANAGING MEMBER OR DESIGNATED OFFICER (Last. first, middle) At3C INITIALS/DATE (A8C use only) CHU,POCHAN 19. LLC MEMBERS PRINTED NAME (Last, (trsl, middle) SIGNATVRE - DATE SIGNED ~~ MAO. ~/~I/%~L X ~ I ~ r LLC MEMBER'S PRINTED NAME (Last, firs/, middle) SIGNATU ' , DATE SIG ~ED ~ l CHU, POCHAN X ~, i I ~ ~~ -ABC-211-A(Si01) "SI OFF";/ C~~~1r~~ _S~~l / 17-3 tl ~~ ~ ~ tl o D L ~8.~1..~1~'®L~l+B6~ A~&~P~~R~S~ ,O~C@~R~®~LIEB~6a°~1NfE~1'B' State of California County of „~_~_~' C~„__..~~ ~~ On ©~ - O.5 ~zn o before me, ~ysiU 14 ~ - Q A.T~ 1-, ~o~q'~~J ~ 1 1 C Date Here hiserl Name and Tllle of Iho Ollicer 1~ personally appeared ~ a ~l t ~' ~ 0.-a _.,_ Name(s) of Signer(s) -- who proved to me on the basis of satisfactory evidence to be the person(s) whose name Is/ rte subscribed to the within instrument and acknowledged to me that ~Lshlz7th8y executed the same i his/I~r/~Seir authorized capacity(ies), and that by his/her/thei~ignaiure(~'j on the instrument the person(s~, or the entity .upon behalf of which the person( acted, executed the instrument. NI5HA rz, Par>r~ ~a f .~ r ='-~ ~4• ~• i- ~ Commission # 17& 134 i Notary Public - California ~ ~~ '~~ D ~; Sonia Clara Count Comm ~Y.p;ast'x,~ 17, 011 ~-~+, Place Notary Seel Above I cerfify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,~ J Signature ~ ~) ` ~'"~- ' Signature of Notary Public ~~~r~n~,a~. 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 Attaches! DpcumenY --~' ~~ {] J~ Title or Type of Document: ~ 1t CP~Yt~ ~ ~'n~~_ `~r~'~-~ U ~ ~ ~ !~' G --~- ~ ~~ ~4 ~T Document Da#e: G q - O .5 '20 D ~} N}umber of Pages: t ~ ~ Signer(s) Other Than Named Above: P~ G ~ G ~ G!"1 z~ Capacity(ies) Claimed by Signers} Signer's Name:~~1~ P.~ ~~O 5ignor's Name: 1[Llndividual ^ Individual L7 Corporate Officer -Title(s): T IJ Partner - fl Limited ^ General CI Attorney in fact CI Trustee Li Guardian or Conservator [::.~ Other: Signer Is Representing a 'fop of Thumb here -- ~~~ v.`...~..-- •.~. :~~: ~~~~ ~ .. ~~ ~ ~^; f . U Corporate Officer ---Title(s): U Partner - LI Limited ^ General L Attorney in Fact O Trustee t~.l Guardian or Conservator Other: Signer Is f-iep-~esenting 0 Tup of lhurnb here 02007 N8licxtal Notary Assodatart • J'd50 De Solo Ave., P.O. Bux 2402 • Chals!vorllt, CA 91313-24th • www.NaUunalNolary.ury Item tl5907 FtscMJer: G:tk To@-free: l-(f0(1•t17~~iR2d RECORDING~RjEQUESTED BY. ~~ U( WHEN RECORDED MAIL 70: NAME ' ~~ MAILING ADDRESS (Street nwr~er end name} ~ .~ r~ t CITY ~ ~ STATE ZIP CODE OYIU~~YVUIIN~~~~Itl~' Rages Fees.... 9.00 Taxes ... Copies.. 12.00 AMT PA1D 21,00 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Financial Company RDE # 010 9/2i/2009 1143 AM I DO NOT WRITElN THE SPACE ABOVE. Government Code Section 27361, 6 reserves space above for exclusive use of County Recorder. OF INTENDED TRANSFER OF RETAIL ~~LCOHOLIC BEVERAGE~LICENSE UNDER SECTIONS 24073 AND 24074 CALIFORNIA BUSINESS AND PROFESSIONS CODE Read instructions before completing. LICENSEE(S) NAME(S) (Seller) ~ M :~- G :. s ~, :: L~. C 2. PREMISES ADDRESS TO WHICH LICENSE(S) HASlHAVE BEEN ISSUED ~ ~ _ ~ ~ -: ~~-~o.~_ ~^'~R1.a r .. ~-.l ; :in;.a~r1--r~r ~;-.~. '.C~4-;~.-S`~~~ " I t 4 3. 4. APPLICANT(S)NAME~ ~I (TrannsferereorBUyar} t~V Lin,.: l . BUSINESS liDDRESS (ll different !hart llem 2) 6. MAILING ADDRESS OF APPLICANT 7. KIND OF LIC NSE INTENDED TO BE TRANSFERRED 8. ESCROW HOLFER~IG/UAJRANTO AME /V/~ 9. ESCROW HOLDERA/G~UARANTORADDRESS ,1 v~~ 70. TOTAL CONSIDERATION TO BE PAID FOR THE BUSINESS AND LICENSE; INCLUDING INVENTORY, WHETHER ACTUAL COST, EST~7ATED COST,"-.: , O-EXCEED AMOUNT CASH $ . '~.~~.: _ CHfCK(S) DEMAND NOTE(S) PROMISSORY NOTE(S) TANGIBLE AND/OR WTANGIBLE PROPERT>' for the h•ar~sfer of the license. ABC-227 {2107) .~ i.oPt 2 ~ !-~Cr .~~2.~ 1 ~,, 2 State of California, Department of Alcoholic 13ever.~e~ontrol TOTAL AMOUNT $ ,= J',/oy~~ ~ , e parties agree a e cons! era Ion or the trans er o the uslness an ie Icense(s Is to be pond on y a er a epartment o coholic Beverage Control has ap{~roved the proposed transfer. The parties also agree and herein direct the above-named escrow holder to make payment or distribution within a resonable time after the comple#ion of the transfer of the license as provided in Section 24074 of the California Business and Professions Code.