BEFORE THE
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
OF THE STATE OF CALIFORNIA

IN THE MATTER OF THE APPLICATION OF:

SENSORIA LLC
DNA Lounge
375 11th Street
San Francisco, CA 94103-4313

FOR THE EXCHANGE OF AN ON-SALE GENERAL
PUBLIC PREMISES LICENSE FOR AN ON-SALE
GENERAL PUBLIC EATING PLACE LICENSE

File: 47-359510

NOTICE OF DENIAL
OF APPLICATION

under the Alcoholic Beverage Control Act.
To the above-named applicant(s):

You are hereby notified that on November 20, 2007 the Department of Alcoholic Beverage Control denied your application for the above-described license(s) because the granting of such license(s) would be contrary to public welfare and morals within the meaning and intent of Article XX, Section 22, of the Constitution of the State of California, Section(s) 23001, 23958.4 and 23038 of the Alcoholic Beverage Control Act, and Rule(s) 61.4 of the Department of Alcoholic Beverage Control in that:

SEE ATTACHMENT HERETO WHICH IS INCORPORATED HEREIN AS THOUGH SET FORTH IN FULL.

Pursuant to Business & Professions Code Section 23805, you have 10 days from the date of this notice within which to file with the Department of Alcoholic Beverage Control in Sacramento, a written petition for a hearing. At such hearing you should be prepared to offer evidence to refute the reasons for denial set forth in this notice. You may, but need not, be represented by an attorney at any or all stages of these proceedings.

The hearing may be postponed for good cause. If you have good cause, you are obligated to notify this agency within 10 working days after you discover the good cause. Failure to notify this agency within 10 days will deprive you of a postponement.


Dated at Sacramento, California
November 20, 2007

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL



By               Judy Carlton              

Supervisor, Hearing & Legal Unit

ABC-101 (9/04)




Attachment to Notice of Denial of application for the issuance of a Type 47 On-Sale General Eating Place License to:

SENSORIA LLC
d.b.a.: DNA Lounge
375 11th Street
San Francisco, CA 94103-4313

RECOMMENDATION: DENIAL - Article XX, Section 22 of the Constitution of the State of California and Section 23958 of the Business and Professions Code, and contrary to Sections 23958.4 and 23038 of the Business and Professions Code and Rule 61.4, of Chapter I, Title 4, of the California Code of Regulations.

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STATEMENT OF ISSUES

Issuance of the applied-for license would be contrary to public welfare or morals as provided in Article XX, Section 22 of the Constitution of the State of California and Sections 23958, 23958.4, and 23038 of the Business and Professions Code and Rule 61.4, of Chapter I, Title 4 of the California Code of Regulations.

Without limitation to the foregoing, it is more specifically alleged as follows:

  1. Issuance of the applied-for On-Sale General Eating Place License would result in or add to an undue concentration of licenses, as defined in Sections 23958 and 23958.4 of the Business and Professions Code, to wit:

    1. The applicant premises is located in San Francisco Police Department reporting district 242, which has a 20% greater number of reported crimes than the average number of reported crimes in al crime reporting districts within the City and County of San Francisco and within the jurisdiction of said law enforcement agency.

  2. Issuance of the applied-for license would tend to aggravate an existing law enforcement problem for the San Francisco Police Department, in that:

    1. From October 10, 2006, to September 25, 2007, there were approximately 1235 calls answered by the police in the immediate vicinity of the premises.

    2. Out of the aforementioned 1235 calls, 238 resulted in arrests. The arrests covered a multitude of crimes, the most prevalent being assault, larceny/theft, vandalism, vehicle theft, burglary, drugs and narcotics and drunkenness.

    3. The applicant premises shares a block on 11th Street that presently houses two large dance clubs that are licensed as type-47 premises. The two aforementioned premises are Slim's (333 11th St.), and Loft 11 (316 11th St.). Both of these premises have been the location of numerous police calls over the past year for crimes of aggravated assault, battery, attempted homicide with a knife, attempted robbery with a knife, disturbing the peace, possession of marijuana, possession of narcotics paraphernalia and burglary.

    4. In addition, the premises is located in an area which experiences crime problems because of a proliferation of public consumption of alcohol, transient traffic, loitering and accompanying narcotics usage and sales, all of which require and inordinate amount of resources and time by officers of the San Francisco Police Department.

  3. Issuance of the applied-for license would be contrary to public welfare or morals as provided in Article XX, Section 22 of the Constitution of the State of California and Sections 23958 of the Business and Professions Code and Rule 61.4 of Chapter 1, Title 4 of the California Code of Regulations. Without limitation to the foregoing, it is more specifically alleged as follows:

    1. the following residences are within 100 feet of the applied-for premises and/or the closest edge of the parking lot to be operated in conjunction with the premises:

      ADDRESS DISTANCE (Approx.)
      1488 Harrison St.
      Units 101-105, 201-205,      
      301-305
      85' E
      368 11th. St.
      Units 1-8
      35' W
      374 11th. St.
      Units 1-8
      60' S

    2. The late night and early morning noises from the premises, patrons, or their cars would interfere with the sleep of the residents.

    3. There is an existing problem of litter on residential properties in the area of the premises and issuance of the applied-for license would tend to increase said problem.

  4. The proposed premises are located in the immediate vicinity of residences and the operation of the proposed premises would interfere with the quiet enjoyment of the residential property by the residents of said area, to-wit:

    1. The following residences are within 500 feet (airline) of the applied-for premises:



      [[ 5 pages of addresses omitted ]]


    2. The late night and early morning noises from the premises, patrons, or their cars would interfere with the sleep of the residents.

    3. There is insufficient off street parking at the premises; therefore, many patrons of the premises will park in front of residences in the area and the noise in the late evening and early morning hours from the patrons and their cars would interfere with the sleep of said residents.

    4. The off-street parking at the premises is located adjacent to residences in the area and the car lights and noises from patrons and their cars in the late evening and early morning hours would interfere with the sleep of said residents.

    5. There is an existing problem of litter on residential properties in the area of the premises and issuance of the applied-for license would tend to increase said problem.

  5. Applicant is not qualified to hold an On-Sale General Eating Place License, in that the applied-for premises will not regularly and in a bona-fide manner, be used or kept open for serving of meals to guests for consumption in the premises, contrary to Section 23038 of the Business and Professions Code; to wit:

    1. Premises' kitchen facilities are not sufficient to offer bona fide meals to the number of guests normally present on any given evening.