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09. ABC licenses ITY F 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 q A AGENDA DATE April 3, 2007 SUBJECT AND ISSUE Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Location: Type of Business: Type of License: Reason for Application: Hilton Garden Inn Cupertino 10741 N. Wolfe Road HotellRestaurant 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 of the license. Prepared by: Submitted by: ~h~ CIddy Word 1, CIty Planner ~ David W. Knapp, City Manager q fI-( 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: 451338 Receipt Number: 1604623 Geographical Code: 4303 Copies Mailed Date: March 8, 2007 Issued Date: First Owner: Name of Business: SAN JOSE SAND HILL HOTEL MANAGEMENT LLC HILTON GARDEN INN CUPERTINO Location of Business: 10741 N WOLFE RD CUPERTINO, CA 95014-0613 SANTA CLARA County: Is premise inside city limits? Mailing Address: (If different from premises address) Yes Census Tract 5081.01 489 S EL CAMINO REAL SAN MATEO, CA 94402 Type of license(s): 47 Tran sferor' s license/name: 363925 / SAND HILL MANl Dropping Partner: Yes_ NoL License Type Transaction Type Fee Type Master Dup Date 47 ON-SALE GENERAL] PERSON TO PERSON TRANSF P40 Y 0 03/08/07 47 ON-SALE GENERAL] ANNUAL FEE P40 Y 0 03/08/07 30 TEMPORARY PERM! DUPLICATE NA Y 1 03/08/07 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: March 8,2007 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 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 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 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) Applicant Signature(s) SAND HILL HOTEL MANAGEMENT LLC See 211 Signature Page QA'-z.. Department of Alcoholic Beverage Control State of California APPLICATION SIGNATURE SHEET (USIGN 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, 1 OWNERSHIP TYPE (Check one) B Sole Owner Partnership o Husband & Wife o Partnership-Ltd o Corporation [2] Limited Liability Company o Other 2 FILE NUMBER (it any) 3. LICENSE TYPE 4. TRANSACTION TYPE 363925 47 5. APPLlCANT(S) NAME SAND HILL HOTEL MANAGEMENT, LLC o Original o Exchange o Person to Person Transfer D Premise to Premise Transfer D Other 6. APPLICANT'S MAILING ADDRESS (Streel address/P.O. box, cily, stale, Zip code) 489 South El Camino Real, San Mateo, CA 94402 7. PREMISES ADDRESS (Slreet address, cily, zip code) 10741 N, Wolfe Road, Cupertino, CA 95014 APPLICANT'S CERTlFICA TlON Under penalty of perjury, 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 aPElication, 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 SOLE OWNER B. PRINTED NAME (Lasl, first, middle) I ~GNATURE PARTNERSHIP/LIMITED PARTNERSHIP (Signatures 9. 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, first, middle) SIGNATURE x CORPORATION payment of a loan or to fulfill an agreement entered into more than ninety (90) da)'s 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 1l1jure 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. of general partners I DATE SIGNED I only) I DATE SIGNED I 10. PRINTED NAME (Last, first, middle) I SIGNATURE IX \ DATE SIGNED TITLE D President D Vice President PRINTED NAME (Last, first, middle) D Chairman of the Board I ~GNATURE I DATE SIGNED TITLE o Secretary 0 Asst. Secretary 0 Chief Financial Officer D Asst. Treasurer LIMITED LIABILITY COMPANY 11. The limited liability company is member-run 0 Yes [2] No 12. NAME OF DESIGNATED MANAGER, MANAGING MEMBER OR DESIGNATED OFFICER (Last, first, middlell Peter Suen Yiu Pau, Managing Member .' 13. MEMBER'S PRINTED NAME (Last, first, middle) t/ (If no, complete Item #12 below) ABC INITIALSIDATE (ABC use only) X MEMBER'S PRINTED NAME (Last, first, middle) SIGNATURE X ABC-211-SIG (9/01) "SIGN ON" Y1c ~h (] /f: l:/-~ J Yn '1A-3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ,/ /1__ / COUNTY OF :2 t1.LJL On /)-/ (s~ 1 DATE lill} Tc-v before me, 1<i7/r;- y/1{', A~l/1t'Y' PI{6LtG N~E:TITLE bF OFF{CER - E.G.., "JANE'DOE, NOTARY PUBLIC i/. fJkU personally appeared, PtT&-1?- I personally known to me (or 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. WITNESS my hand and official seal. , 7 ~~ (SEAL) r - - -.. - - - - - - - - - I ~" KATIEYAO r" """. , COMM. # 1708692 -1 o ~.. ' NOTARY PUBLlC'CALlFORNlAO ~- . SAN MATEO COUN1'f 0 1 . . My Commisaion Expires T ',-,.~' December 5. 2010 - - ~ ~ ~ ~ - ~ ~ ~ ~ ~ OPTIONAL INFORMATION TIllS OPTIONAL INFORMATION SECTION IS NOT REQUIRED BY LAW BUT MAYBE BENEFICIAL TO PERSONS REL YlNG ON lIDS NOT ARlZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS(S) OTHER THAN NAMED ABOVE SIGNER'S NAME SIGNER'S NAME RIGHT THUMBPRINT RIGHT THUMBPRINT qfl-tf CITY OF CUPEIUINO City Hall 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3212 Fax: (408) 777-3366 OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER ~ 13 AGENDA DATE April 3, 2007 SUBJECT AND ISSUE Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Location: Type of Business: Type of License: Reason for Application: Lucky Stores Inc. 10425 S. De Anza Blvd. Supermarket Off-Sale General (21) Stock Transfer Multiple 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: e~ .??/o$<0?~ Ciddy Wordell, City Planner ~ David W. Knapp, City Manager q (3-1 Printed on Recycled Paper RECEIVED ~~f1R 1 6 - hUi 2007 Departll1t,nt of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) State of California TO: Department of Alcoholic Beverage 100 Pas eo de San Antonio Rm. 119 San Jose, CA 95113 (408)277-1200 DISTRICT SERVING LOCATION: Control File Number: 449799 Receipt Number: 1604992 Geographical Code: 4303 Copies Mailed Date: March 1~, 2007 Issued Date: First Owner: Name of Business: SAN JOSE LUCKY STORES INC Location of Business: 10425 S DE ANZA BLVD CUPERTINO, CA 95014-3081 SANTA CLARA County: Is premise inside city limits? Mailing Address: (If different from premises address) Census Tract 5077.01 PO Box 4278 Modesto, CA 95352-4278 Type of licensees): 21 Transferor's license/name: 449799 / LUCKY STORES Il Dropping Partner: Yes No y Dup o Date Fee License Type Transaction Type Fee Type Master 21 OFF-SALE GENERAL STOCK TRANSFER MULTIPLE N A 0311 0/07 Total $124.00 $124.00 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: March 10, 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 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) 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 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) Applicant Signature(s) LUCKY STORES INC c,,3 - 2 Department of Alcoholic Beverage Control State of California A PPLlCA TION SIGNA TU RE 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. 1 OWNERSHIP TYPE (Check one) D Sole Owner o Partnership D Husband & Wife D Partnership-Ltd [2] Corporation D Limited Liability Company D Other 2 FILE NUMBER (il any) 3. LICENSE TYPE 4. TRANSACTION TYPE 21 D Original D Exchange D Person to Person Transfer D Premise to Premise Transfer [2] Other STOCK TRANSFER 5. APPLlCANT(S) NAME (Last, firs I. middle) LUCKY STORES, INC. 6. APPLICANT'S MAILING ADDRESS (Slreet addresslP 0 box. city. slale. Zip code) I 800 STANDIFORD A VENUE, MODESTO, CALIFORNIA 95350 7. PREMISES ADDRESS (Slreet address. city, zip code) v VARIOUS LOCATIONS APPLICANT'S CERTlFICA TION payment of a loan or (0 fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Departmen~ (b) to gain or establish a preference to or for any creditor or transleror, or (cl (0 defraud or mjure 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! fail to qualify for the license or withdraw this application there will be a service cfiarge of one-fourth of the license fee paid, up to $] 00. Under penalty of perjury, 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 ap,Qlication, 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 SOLE OWNER 8. PRINTED NAME (Last, first, middle) I ~GNA TURE IDA TE SIGNED PARTNERSHIP/LIMITED PARTNERSHIP (Signatures of general partners only) 9. PARTNER'S PRINTED NAME (Lasl, firsl, middle) SIGNATURE DATE SIGNED X PARTNER'S PRINTED NAME (Last, first, middle) SIGNATURE DATE SIGNED X PARTNER'S PRINTED NAME (Last, first, middle) SIGNATURE DA TE SIGNED X CORPORA TION IDA TE SIGNED r::::)~ - -- ~'. ......--.. -' - 10. PRINTED NAME (Last, first, middle) V"'''ll C i'l q e-i '), Sf' \ lJ e I ~ ~ TITLE D President TITLE D Secretary D Asst. Secretary QI Chief Financial Officer 0 Asst. Treasurer LIMITED LIABILITY COMPANY 11. The lim ited liability company is member-run ABC INITIALS/DA TE (ABC use only) D Yes DNa (If no, complete Item #12 below) 12. NAME OF DESIGNATED MANAGER, MANAGING MEMBER OR DESIGNATED OFFICER (Lasl. fIrsl, middle) X DATE SIGNED 13 MEMBER'S PRINTED NAME (Lasl, [list, middle) SIGNATURE MEMBER'S PRINTED NAME (Last, IIISt, middle) SIGNA TURE X DA TE SIGI~ED ABC-211-SIG (2/03) "SIGN ON" 98-3 CALIFORNIA ALL~PURPOSE ACKNOWLEDGMENT No. 5907 _,~e~~~~"2288~&@ State of Ca] ifornia County of stanislaus On '1-<.J~/(,~<_"~,_ /7 ). 0(.7 DATE before me, l!Phra K. Keeler NAME. TITLE OF OFFICER. E.G.. "JANE DOE, NOTARY PUBLIC" personally appeared Ron Riesenbeck NAME(S) OF SIGNER(S) lXJ personally known to me M OR - 0 proved to me on the basis of satisfactory evidence to be th e pe rson (~) whose n am e(9,1 i s/ar:e subscribed to the within instrument and ac- knowledged to me that he/~heiibay executed the same in hislh.e:r.~r authorized capacitYUe~, and that by his/h:er/A~1r signature(-=SJ on the instrument the person(~), or the entity upon behalf of which the person(s1 acted, executed the instrument. t DEBRA K. KEE LER a. ....... ' . Commission /I 1705206 _ . . Notary Public. California ~ ~-".. Stanislaus County I l' Myecmn. ExpI/elI[)eC 10, 2010 - - - . - ~ - - . - - . - y - - - - . . WITNESS my hand and official seal. ~-,J-<--/L '--t(~-<- SIGNATURE OF NOTARY OPTIONAL -- Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this foriJl. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL IB CORPORATE OFFICER V.p, C,c.l). TITLE(S) DESCRIPTION OF ATTACHED DOCUMENT U-1j2-f) , .)~ . ~.U.~~)- r I TITLE OR TVPE OF DOCUMENT D PARTNER(S) o LIMITED D GENERAL I o ATIORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERV A TOR o OTHER: NUMBER OF PAGES 2. / / CI /0 7 I DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN.TITY(IES) S" ~") 0 -(7 Uv1(J. v'l . L{ (ieX (/VI.C<..k e~b / SIGNER(S) OTHER THAN NAMED ABOVE qB-'f @1993 NATIONAL NOTARY ASSOCIATION' 8236 Remme! Ave., P.O. Box 7184' Canoga Park, CA 91309-7184 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No 5907 - \ I (' ';fJ, '. State of c.;;o.~cJC/~J~Lc-\. )\ (!~ ,(I County of. . A--LZj:.~,-,u~.~!~ On 1~_J.,. Jb ,lcJcl7 / before me, (~ . . J .€- L .r ~ I (. I(.c. c (cv' NAME, TITLE OF Of-flCER. E.G.. ',JAI~I, DOE. NOTAFIY PUBLIC" S't' \ U e: I v: .:"~ NAME(S) OF SIGNER(S) DATE personally appeared I ( rr \tv 'l I C /\(.::/ r.:::. ( -.\ If personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(.s.) whose name(~) is/ar;e subscribed to the within instrument and ac- knowledged to me that he/sBettlwy executed the same in his/bB:r--/:!:l:teir authorized capacity(te's), and that by his/h~ir signature(~) on the instrument the person(sj, or the entity upon behalf of which the person(~) acted, executed the instrument. l DEBRA K KEELER f . '......' Commission # 1705206 ;;~_. Notary Public - California ~ ~ '. Stanislaus County j t y'~ y' y _~~,~~l~,:O~O ~ WITNESS my hand and official seal. o (\ -. f -~~~.~ I L 't ( ~k,,-- SIGNATURE OF NOTARY OPTIONAL ..L .... Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER o INDIVIDUAL IE CORPORATE OFFICER U ' P, /~ fA. V."C( VI, (2 e s,c:;,-, VCr:; '> TITLE(S) DESCRIPTION OF ATTACHED DOCUMENT /... )\ -: \ /I . 'I LXfl-D' . /.L-L'l/1.~X-~ ../~-><:.=--t r TITLE OR TYPE OF DOCUMENT o PARTNER(S) o LIMITED o GENERAL ( NUMBER OF PAGES o ATIORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: ':t I f 9' 107 . I ' DATE OF DOCUMENT SIGNER IS REPRESENTING: NAlvlE OF PERSON{S) OR ENTITY(IES) Sq [/ e. U\. \0. .. + S 1-( p. y' VV\,:7v' /L~J'7 I SIGNER(S) OTHER THAN NAIv1ED ABOVE 98-5 <91993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave.. PO. Box 7184' Canoga Park, CA 91309-7184