DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
OF THE STATE OF CALIFORNIA
In the Matter of the Application of:
dba: DNA Lounge
375 11th St.
San Francisco, CA 94103-4313
For issuance of an On-Sale General Eating Place License
Under the Alcoholic Beverage Control Act
WHEREAS, petitioner(s) has/have filed an application for the issuance of the above-referred-to license(s) for the above-mentioned premises; and,
WHEREAS, the proposed premises and/or parking lot operated in conjunction therewith, are located within 100 feet of residence(s); and,
WHEREAS, issuance of an unrestricted license without the below-described conditions would interfere with the quiet enjoyment of the property by nearby residents and constitute grounds for the denial of the application under the provisions of Rule 61.4 of Chapter 1, Title 4, of the California Code of Regulations; and,
WHEREAS, pursuant to Section 23958 of the Business and Professions Code, the Department may deny an application for a license where issuance would result in or add to an undue concentration of licenses; and,
WHEREAS, the proposed premises are located in a crime reporting district that has a 20% greater number of reported crimes, as defined in subdivision (c) of Section 23958.4 of the Business and Professions Code, than the average number of reported crimes as determined from all crime reporting districts with the jurisdiction of the local law enforcement agency; and,
WHEREAS, the petitioner(s) stipulate(s) that by reason of the aforementioned high crime statistics, grounds exist for denial of the applied-for license(s); and,
WHEREAS, the privilege conveyed with the applied-for license requires that the petitioner(s) operate(s) the premises, in good faith, as a Bona Fide Public Eating Place; and,
WHEREAS, protest(s) has/have been filed against the issuance of the applied-for license; and,
WHEREAS, the protest(s) deal(s) with the proposed operation of the applied-for premises; and,
WHEREAS, the issuance of an unrestricted license would be contrary to public welfare or morals;
NOW THEREFORE, the undersigned petitioner(s) do/does hereby petition for a conditional license as follows, to-wit:
01. Sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. to 11:00 p.m. on Sunday through Thursday, and from 11:00 a.m. to 12:00 a.m. (midnight) on Friday and Saturday.
02. There shall be no bar or lounge area upon the licensed premises maintained for the purpose of sales, service or consumption of alcoholic beverages directly to patrons for consumption.
03. The monthly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee(s) shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand.
04. The petitioner shall not require an admission charge or a cover charge, nor shall any patron be required to purchase a minimum number of drinks.
05. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition.
06. Full meal service must be made available at all times the premises is open, operating and exercising the privileges of its A.B.C. license up to one-half (1/2) hour prior to the cessation of dispensing of alcoholic beverages or to closing.
07. The licensee(s) shall comply with the provisions of Section 23038 of the Business and Professions Code and acknowledge(s) that incidental, sporadic or infrequent sales of meals or a mere offering of meals without actual sales shall not be deemed sufficient to consider the premises in compliance with the aforementioned code section.
08. The premises shall be equipped and maintained in good faith and shall possess, in operative condition, such conveniences for cooking and storage of foods such as stoves, ovens, broilers, refrigeration or other devices, as well as pots, pans or containers which can be used for cooking or hearing foods on the type heating device employed.
The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control.
10. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee(s).
11. There shall be no live entertainment of any type, including but not limited to live music, disc jockey, karaoke, topless entertainment, male or female performers or fashion shows.
12. No noise shall be audible beyond the area under the control of the licensee.
This petition for conditional license is made pursuant to the provisions of Sections 23800 through 23805 of the Business and Professions Code and will be carried forward in any transfer at the applicant-premises.
Petitioner(s) agree(s) to retain a copy of this petition on the premises at all times and will be prepared to produce it immediately upon the request of any peace officer.
The petitioner(s) understand(s) that any violation of the foregoing condition(s) shall be grounds for the suspension or revocation of the license(s).
DATED THIS ___________________ DAY OF _________________________________________, 20 .