Well here’s the sitch over at 501 Balboa at Sixth Avenue in the Inner Richmond.
It’s the former poorly rated King Sing Fine Dining Chinese Cuisine & Wine Bar.
He’s dead, Jim:
Click to expand
But here comes the replacement, Yuubi Japanese Restaurant:
Now, ss we all know, NIMBY’s and similar monsters aren’t born, they’re created, created by NIMBY-friendly rules and regulations.
You know, by stuff like this.
So have at it. You have ’til the end of the month to whine about one restaurant replacing another restaurant two football fields away from your fog-enshrouded, Prop 13-subsidized hovel.
Start up a group, why not? Call it the Inner Richmond Busybodies, or something. Say stuff like, “I’m the President of the IRBB and…”
Now that’s how you NIMBY in the 415.
All the deets, after the jump.
The California Constitution provides that the sale, purchase, and consumption of alcoholic beverages in licensed premises is legal. Therefore, ABC cannot deny a license solely because a protestant has personal beliefs against the use of alcoholic beverages— denial must relate to public welfare and morals. (Cal. Const. art. XX.) Some of the grounds of protest, which could relate to public welfare and morals, are as follows: 1. The premises is located within the immediate vicinity of a school, church, hospital, or children's playground and the normal operation of the licensed premises would interfere with their functions. (Bus. & Prof. Code § 23789.) (Be specific as to how the sale of alcoholic beverages will adversely affect the facility. Mere proximity to such a facility is not sufficient legal grounds to deny the license.) 2. The premises is located in a residential area and the normal operation of the licensed premises would interfere with the quiet enjoyment of their property by the residents of the area. (Dept’s. Rule 61.4, found in tit. 4, Cal. Code Regs.) (Be specific as to how the sale of alcoholic beverages will adversely affect the residents.) 3. The premises or parking lot is located within 100 feet of a residence and the applicant has failed to establish that the operation of the licensed premises would not interfere with the quiet enjoyment of the property by the residents. (Dept’s. Rule 61.4.) (This only applies to premises that have not been operated with the same type license within 90 days of the application.)
4. Licensing the premises would create a public nuisance as defined in Penal Code Section 370 (state specific facts leading to this conclusion). 5. Issuance of the license would result in or add to an undue concentration of licenses. (Dept’s. Rule 61.3.) (List any problems that existing licensed businesses in the area may be causing.) 6. The applicant is not the true or sole owner of the business to be licensed. (Bus. & Prof. Code §§ 23300, 23355, 23950, et seq.) (You must present testimony or other evidence as to the true ownership.) The following are grounds usually cited by city or county enforcement agencies only. But they can be used by persons who have independent, adequate evidence of same: 7. Issuance of the license to the premises would tend to create a law enforcement problem, or aggravate an existing police problem. (Bus. & Prof. Code § 23958.) 8. Licensing the premises would be contrary to the provisions of a valid zoning ordinance of any city or county. (Bus. & Prof. Code § 23790.) 9. The applicant has been convicted of a felony, a crime involving moral turpitude, or one of the offenses listed in the Alcoholic Beverage Control Act section 24200, subdivision (b). (Bus. & Prof. Code § 23952.) 10. The applicant has a police record that disqualifies him or her for a license. (Cal. Const. art. XX.) 11. The applicant has misrepresented a material fact in obtaining a license. (Bus. & Prof. Code § 24299, subd. (c).
Frequently Asked Questions
These are ABC’s most frequently asked questions about:PROTESTS AND DENIALS
Q. 40. May any person protest the issuance of a license?
A. Yes. Any person may protest the issuance of a license. The protestant must file a written protest within 30 days of either: whichever is later.
If a retail license application has been protested and the Department has recommended approval of the license, ABC may issue an Interim Operating Permit upon the applicant’s written request.
If an application is withdrawn because of a protest being filed, an applicant may not refile an application at the same premises for one year, and all protests remain valid for one year against any subsequent applications filed by other persons at the premises.
(Sections 24013, 24013.1, 24013.2, and 24014)
Q. 41. What are some grounds for protest or denial?
A. Some grounds for protest or denial of a license are:
(a) Applicant is not qualified. For example, the applicant falsified his application, has a disqualifying police record, has a record of chronic insobriety, is not the true owner, or is not at least 21 years of age, and/or
(b) Premises is not suitable. For example the premises is too close to a school, church, hospital, playground, nonprofit youth facility or residence and would disturb the facility or resident; the premises is located in a high-crime area and does not serve public convenience or necessity; the applicant does not have legal tenancy; the license would create a public nuisance; zoning is improper for alcohol sales.
License conditions are special restrictions placed on a license. Conditions may limit the hours of alcohol sales, the type of entertainment allowed or other aspects of the business. Conditions may eliminate the need to deny a license or may cause a protestant to withdraw his protest.
(Sections 23958, 23958.4, 23790 and 23800)
Q. 42. Must a protest from a city council or board of supervisors or local public official state a legal ground for denying an application?
A. Yes. ABC’s policy is one of cooperating fully with local officials, but the law requires legal reasons for requesting a denial.
(Section 23988 and Government Code Section 11504)
Q. 43. When may a protest be made?
A. At any time within 30 days of any of the following:
The first date of posting the premises with the notice of intention to sell alcoholic beverages.
The first date of posting the premises with the notice of application for ownership change.
The date of mailing the notice of application to residents within 500 feet of the proposed premises. (Section 24013)
Q. 44. If a valid protest is made to the issuance of a license, will a hearing be held and, if so, where?
A. Ordinarily a protest hearing will be held. It will be held in the county seat of the county in which the premises is located. However, if an official protest is made by the governing body of a city, the hearing shall be held within such city.
(Section 24300 and Government Code Section 11508)
Q. 45. If my application is protested, how long will it take for me to open my business ?
A. Protested applications can take up to 95 days or longer. However, if ABC has recommended approval of the license, the applicant may petition for an Interim Retail Permit. This allows the business to operate pending the protest hearing and any appeal. The fee for the permit is $100. It is good for up to 120 days subject to renewals. There is no property right in the permit.
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