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05. ABC Cypress Hotel & Park Place CITY OF CUPEIQ"INO AGENDA ITEM NUMBER SUBJECT AND ISSUE City Hall 10300 Torre A venue Cupertino, CA 95014 (408) 777-3212 Fax: (408) 777-3366 OFFICE OF THE CITY MANAGER SUMMARY s AGENDA DATE June 19,2007 Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Location: Type of Business: Type of License: Reason for Application: RECOMMENDATION Cypress Hotel & Park Place Restaurant & Bar 19930-19936 Stevens Creek Blvd (Corner of De Anza & Stevens Creek Blvd.) Hotel & Restaurant On-Sale General for Bona Fide Public Eating Place and On- Sale General for Public Premises (47 & 48) Person-to-Person & Annual Fee 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: ...-I C~i~~ Submitted by: ftsL David W. Knapp, City Manager Printed on Recycled Paper Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) State of Cal ifornia 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: 454498 Receipt Number: 1616681 Geographical Code: 4303 Copies Mailed Date: May 31, 2007 Issued Date: First Owner: Name of Business: SAN JOSE RP SCS CUPERTINO HOTEL LLC CYPRESS HOTEL & PARK PLACE REST A URANT & BAR Location of Business: 10050 S DE ANZA BLVD CUPERTINO, CA 95014-2128 SANTA CLARA County: Is premise inside city limits? Mailing Address: (If different from premi ses address) Yes Census Tract 5080. () 1 13155 NOEL RD STE 700 DALLAS, TX 75240 Type of licensees): 47,58 Transferor's license/name: 388521 / CUPERTINO HOT Dropping Partner: Yes No License Type Tran sacti on Type Fee Type Master Dup Date 47 ON-SALE GENERAL] PERSON TO PERSON TRANSF P40 y 0 05/31/07 47 ON-SALE GENERAL) ANNUAL FEE P40 Y 0 05/31/07 58 CATERER PERMIT DUPLICATE NA N 1 05/31/07 30 TEMPORARY PERMI DUPLICATE NA Y 1 05/31/07 47 ON-SALE GENERAL ] STATE FINGERPRINTS NA N 3 05/31/07 47 ON-SALE GENERAL] FEDERAL FINGERPRINTS NA N 3 05/31/07 Total Fee $1,250.00 $758.00 $110.00 $100.00 $117.00 $72.00 $2,407.00 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 allachment 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 31, 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 imo more than ninety (90) days precedlllg 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 mal' be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) Applicant Signature(s) RP SCS CUPERTINO HOTEL LLC Sep 211 Sip;nlltllrP PlIP;P Department of Alcoholic Beverage Control State 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. 2, FILE NUMBER (i1 any) 3, LICENSE TYPE 388521 47, 58 5, APPLlCANT(S) NAME (Lasl. flrsl. mIddle) RP SCS Cupertino !-Iotel LLC 1 OWNERSHIP TYPE (Check ana) D Sole Owner o Partnership D Husband & Wife D Partnership-Ltd D Corporation [;] Limited Liability Company D Other 4 TRANSACTION TYPE D Original D Exchange o Person to Person Transfer D Premise to Premise Transfer D Other 6, APPLICANT'S MAILING ADDRESS (Slreal addrass/P,O, box. clly. slale. Zip code) 13155 Noel Road, Suite 700 Dallas, Texas 75240 7, PREMISES ADDRESS (Slreel address. city. ZIp code) 10050 S, De Anza Blvd., Cupertino, CA 95014 ~ !l. I J ~ APPLICANT'S CERTIFICA TION Under penalty of peljury, 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 apQlication, duly authorized to make 1I11S 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 a\Jplicant or applicants has any direct or indirect interest in the app icant 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 (a) satisfy the SOLE OWNER 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, (b) to gain or establish a preference to or for any creditor or transferor, or (c) to defraud or Illjure 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 $ I 00, 8, PRINTED NAME (Last. flrsl. middla) I ~GNATURE I DATE SIGNED PARTNERSHIP/LIMITED PARTNERSHIP (Signatures of general partners only) 9, PARTNER'S PRINTED NAME (Last. first. middle) ! SIGNATURE DATE SIGNED Ix PARTNER'S PRINTED NAME (Lasl. Flfsl. middle) SIGNATURE DATE SIGNED x DATE SIGNED PARTNER'S PRINTED NAME (Last. first. middle) SIGNATURE x CORPORATION 10, PRINTED NAME (Las I. first. middle) I ~GNATURE I DATE SIGNED TITLE D President D Vice President PRINTED NAME (Last. first. middle) D Chainnan of the Board I ~GNATURE I DATE SIGNED TITLE o Secretary 0 Asst. Secretary 0 Chief Financial Officer 0 Asst. Treasurer LIMITED LIABILITY COMPANY 11, The limited liability company is member-run ABC INITIALSIDATE (ABC use only) [;]Yes DNa (If no, complete Item #12 below) 12, NAME OF DESIGNATED MANAGER, MANAGING MEMBER OR DESIGNATED OFFICER (Lasl, flrsl, middle) 13, MEMBER'S PRINTED NAME (Lasl, flfst. middle) / Alhi I 1;0 I tou 7 I DATE SIGNED / VOvw.icIZ \L Fox I I SIGNATURE iX "SIGN ON" MEI~BER'S PRINTED NAME (Last. rlfst. middle) ABC-211-SIG (2/03) )/ LJ/ L ~l \ I) _(;,i DATE SIGNED J~d-;~ '..,. STATE OF TEXAS ~ ~ COUNTY OF DALLAS ~ On April 30, 2007, before me, Susan A. Vergenz, Notary Public, personally appeared Patrick K. Fox, personally Imown to me to be the person whose natTle is subscribed to the within instrument (ABC-211-S1 G), and aclmowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Slg~~e~;V~ Susan A. Vergenz SUSAN A. VERGENZ Notary Public 8T A TE OF TEXAS My Comrn. f:l\p. Oct. 31,2010 ~ ~~