First Amended Accusation Under Alcoholic Beverage Control Act and State Constitution

In the Matter of the Accusation Against:

Licensee:

Vivi Lu, Inc

DBA:

Fulton Food Shop

Premises:

1801 Fulton St, San Francisco, CA 94117-1213

License(s):

Off-Sale General

File:

21-545496

TO THE ADMINISTRATIVE HEARING OFFICE AND RESPONDENT: Please take notice that the Department of Alcoholic Beverage Control, pursuant to California Government Code section 11507, hereby makes a First Amendment to the Accusation by filing and serving this First Amended Accusation.

Count 1

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about September 14, 2018, respondent-licensee’s agent or employee, Ahmad Touhan Abdul Rahim, at said premises, sold, furnished, gave or caused to be sold, furnished or given, an alcoholic beverage, to-wit: Four Loko malt beverage, to [NAME REDACTED], a person under the age of 21 years, in violation of Business and Professions Code Section 25658(a).

Count 2

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about September 14, 2018, respondent-licensee’s agent or employee, Ahmad Touhan Abdul Rahim, at said premises, sold, furnished, gave or caused to be sold, furnished or given, an alcoholic beverage, to-wit: distilled spirits, to [NAME REDACTED], a person under the age of 21 years, in violation of Business and Professions Code Section 25658(a).

Count 3

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about September 14, 2018, respondent-licensee’s agent or employee, Ahmad Touhan Abdul Rahim, at said premises, sold, furnished, gave or caused to be sold, furnished or given, an alcoholic beverage, to-wit: distilled spirits, to [NAME REDACTED], a person under the age of 21 years, in violation of Business and Professions Code Section 25658(a).

Count 4

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about November 2, 2018, respondent-licensee’s agent or employee, Ahmad Touhan Abdul Rahim, at said premises, sold, furnished, gave or caused to be sold, furnished or given, an alcoholic beverage, to-wit: distilled spirits, to [NAME REDACTED], a person under the age of 21 years, in violation of Business and Professions Code Section 25658(a).

Count 5

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about March 15, 2019, respondent-licensee’s agent or employee, Osama Qamer, at said premises, sold, furnished, gave or caused to be sold, furnished or given, an alcoholic beverage, to-wit: distilled spirits, to [NAME REDACTED], a person under the age of 21 years, in violation of Business and Professions Code Section 25658(a).

For purposes of imposition of penalty, if any arising from this accusation, it is further alleged the respondent-licensee(s) has/have suffered the following disciplinary history:

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Licensee(s) Previous Record: Licensed as above since August 8, 2014.

WHEREFORE, I recommend that a hearing be held on this accusation.

Dated this 22nd day of March, 2019.

Matthew Gaughan
Attorney
Department of Alcoholic Beverage Control

First Amended Accusation Under Alcoholic Beverage Control Act and State Constitution

In the Matter of the Accusation Against:

Licensee:

Nabil Ahmed Alharby

DBA:

Midway Market

Premises:

1629 Midway Ave, Modesto, CA 95358

License(s):

Off-Sale General

File:

21-467116

Reg:

17086101

Stamp 1:

Filed, Alcoholic Beverage Control, January 16, 2018

I hereby complain and accuse the above respondent(s), holding the above license(s), based on the following statement of facts:

Count 1

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about March 31, 2017, respondent-licensee, at said premises, sold, furnished, gave or caused to be sold, furnished or given, an alcoholic beverage, to-wit: beer, to Dakota Aaron Kuhno, a person under the age of 21 years, in violation of Business and Professions Code Section 25658(a).

Count 2

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about July 28, 2017, respondent-licensee(s) agent or employee, Alejandro Murgia, at said premises, sold, furnished, gave or caused to be sold, furnished or given, alcoholic beverages, to-wit: beer, Four Loko, and hard lemonade, to Aaron Victoria-Mendez, a person under the age of 21 years, in violation of Business and Professions Code Section 25658(a).

Count 3

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about July 28, 2017, respondent-licensee employed or used the services of Alejandro Murguia, a person under the age of 18 years, without continuous supervision of a person who was 21 years of age or older, for the sale of alcoholic beverages for consumption off the premises, in violation of Business and Professions Code Section 25663(b).

Count 4

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about July 28, 2017, respondent-licensee willfully resisted, delayed or obstructed Agent N. Lauer, a peace officer, in or about the premises, in the discharge or attempt discharge of a duty of his office, in violation of Penal Code Section 148(a)(1).

Count 5

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about July 28, 2017, respondent-licensee’s agent or employee, Alejandro Murguia, willfully resisted, delayed or obstructed Agent N. Lauer, a peace officer, in or about the premises, in the discharge or attempt discharge of a duty of his office, in violation of Penal Code Section 148(a)(1).

Count 6

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about September 15, 2017, respondent-licensee, at said premises, sold, furnished, gave or caused to be sold, furnished or given, an alcoholic beverage, to-wit: beer, to Christian Ramirez, a person under the age of 21 years, in violation of Business and Professions Code Section 25658(a).

Count 7

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about December 22,2017, respondent-licensee, at said premises, sold, furnished, gave or caused to be sold, furnished or given, alcoholic beverages, to-wit: beer and peach-flavored vodka, to Jonathan Perez, a person under the age of 21 years, in violation of Business and Professions Code Section 25658(a).

Count 8

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 5, 2018, respondent-licensee, at said premises, sold, furnished, gave or caused to be sold, furnished or given, alcoholic beverages, to-wit: beer, whiskey and Smirnoff Ice malt beverages, to Kenneth Chhoeum, a person under the age of 21 years, in violation of Business and Professions Code Section 25658(a).

For purposes of imposition of penalty, if any arising from this accusation, it is further alleged the respondent-licensee(s) has/have suffered the following disciplinary history:

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Licensee(s) Previous Record: Licensed as above since February 4, 2011.

WHEREFORE, I recommend that a hearing be held on this accusation.

Dated this 16th day of January, 2018.

Attorney
Department of Alcoholic Beverage Control

Accusation Under Alcoholic Beverage Control Act and State Constitution

In the Matter of the Accusation Against:

Licensee:

Dale Entertainment LLC

DBA:

Parlare Euro Lounge

Premises:

1009 Tenth St, Sacramento, CA 95814

License(s):

On-Sale General Public Premises

File:

48-437564

Reg:

17085830

Stamp 1:

Filed, Alcoholic Beverage Control, August 11, 2017

I hereby complain and accuse the above respondent(s), holding the above license(s), based on the following statement of facts:

Count 1

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about November 18, 2016, respondent-licensee’s agent or employee, John Doe, violated condition# 2 on the license which states, “The petitioner shall not allow its patrons or the general public to loiter or congregate on any sidewalks adjacent to the licensed premises,” in that the licensee and/or licensee’s employee or agent did allow patrons or the general public to loiter or congregate on the sidewalks adjacent to the licensed premises such being a violation of the license condition and ground for license suspension or revocation under Business and Professions Code Section 23804.

Count 2

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about November 18, 2016, respondent-licensee 1s agent or employee, John Doe, violated condition# 3 on the license which states, “Entertainment provided shall not be audible beyond the area under control of the licensee(s),” in that the licensee and/or licensee’s employee or agent did allow entertainment to be audible beyond the area under the control of the licensee(s) such being a violation of the license condition and ground for license suspension or revocation under Business and Professions Code Section 23804.

Count 3

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about December 4, 2016, respondent-licensee’s agent or employee, John Doe, violated condition# 2 on the license which states, “The petitioner shall not allow its patrons or the general public to loiter or congregate on any sidewalks adjacent to the licensed premises,” in that the licensee and/or licensee’s employee or agent did allow patrons or the general public to loiter or congregate on the sidewalks adjacent to the licensed premises such being a violation of the license condition and ground for license suspension or revocation under Business and Professions Code Section 23804.

Count 4

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 15, 2017, respondent-licensee’s agent or employee, John Doe, violated condition# 2 on the license which states, “The petitioner shall not allow its patrons or the general public to loiter or congregate on any sidewalks adjacent to the licensed premises,” in that the licensee and/or licensee’s employee or agent did allow patrons or the general public to loiter or congregate on the sidewalks adjacent to the licensed premises such being a violation of the license condition and ground for license suspension or revocation under Business and Professions Code Section 23804.

Count 5

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 15, 2017, respondent-licensee’s agent or employee, John Doe, violated condition# 3 on the license which states, “Entertainment provided shall not be audible beyond the area under control of the licensee(s),” in that the licensee and/or licensee’s employee or agent did allow entertainment to be audible beyond the area under the control of the licensee(s) such being a violation of the license condition and ground for license suspension or revocation under Business and Professions Code Section 23804.

Count 6

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about February 24, 2017, respondent-licensee’s agent or employee, John Doe, violated condition# 2 on the license which states, “The petitioner shall not allow its patrons or the general public to loiter or congregate on any sidewalks adjacent to the licensed premises,” in that the licensee and/or licensee’s employee or agent did allow patrons or the general public to loiter or congregate on the sidewalks adjacent to the licensed premises such being a violation of the license condition and ground for license suspension or revocation under Business and Professions Code Section 23804.

Count 7

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about April 10, 2017, respondent-licensee’s agent or employee, John Doe, violated condition# 2 on the license which states, “The petitioner shall not allow its patrons or the general public to loiter or congregate on any sidewalks adjacent to the licensed premises,” in that the licensee and/or licensee’s employee or agent did allow patrons or the general public to loiter or congregate on the sidewalks adjacent to the licensed premises such being a violation of the license condition and ground for license suspension or revocation under Business and Professions Code Section 23804.

Count 8

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

Between the dates of on or about June 1, 2016 and on or about August 11, 2017, respondent-licensee(s), directly or by and through its agents, employees, or servants, permitted or suffered the above-designated premises to be used in a manner which did create a law enforcement problem for the law enforcement officials of the Sacramento Police Department, in that such officials were required to make numerous calls, investigations, arrests, or patrols concerning the conduct and acts occurring in or about said premises, and which thereby created conditions contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Section 24200(a) of the Business and Professions Code.

Without limitation to the foregoing, it is more specifically alleged that the following incidents occurred at or near the premises, necessitating officers of the Sacramento Police Department to respond to calls for service, make arrests, and/or take police reports as follows:

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Count 9

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

Between the dates of on or about June 1, 2016 and on or about August 11, 2017, respondent-licensee(s) kept or permitted, in conjunction with a licensed premises, a disorderly house, or to which people resort, to the disturbance of the neighborhood or in which people abide or resort which is injurious to the public morals, health, convenience or safety, in violation of Business and Professions Code Section 25601. Without limitation to the foregoing, it is more specifically alleged that the following incidents occurred at or near the premises: 

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For purposes of imposition of penalty, if any arising from this accusation, it is further alleged the respondent-licensee(s) has/have suffered the following disciplinary history:

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Licensee(s) Previous Record: Licensed as above since November 27, 2006, with the above record of disciplinary action.

WHEREFORE, I recommend that a hearing be held on this accusation.

Dated this 11th day of August, 2017.

Chief Counsel
Department of Alcoholic Beverage Control

Accusation Under Alcoholic Beverage Control Act and State Constitution

In the Matter of the Accusation Against:

Licensee:

Costanzos Genco Olive Oil Company, Inc

DBA:

Sidelines Sports Bar

Premises:

732 9th St, Arcata, CA 95521-6206

License(s):

On-Sale General Public Premises

File:

48-582812

Reg:

180868872

Stamp 1:

Filed, Alcoholic Beverage Control, May 2, 2018

I hereby complain and accuse the above respondent(s), holding the above license(s), based on the following statement of facts:

Count 1

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that-the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 6, 2017, respondent-licensee’s agent or employee, Mykie Bastidas, permitted patron(s) to possess, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11350.

Count 2

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 6, 2017, respondent-licensee’s agent or employee, Mykie Bastidas, permitted Ryan Johnston aka “RJ” to possess, within said premises, a controlled substance, to-wit: cocaine, for purpose of sale, in violation of Health and Safety Code Section 11351.

Count 3

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 6, 2017, respondent-licensee(s) knowingly permitted the illegal sale, or negotiations for sales, of controlled substances or dangerous drugs upon the licensed premises, in violation of Business and Professions Code Section 24200.5(a).

Count 4

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 6, 2017, respondent-licensee’s agent or employee, Mykie Bastidas, permitted Ryan Johnston aka “RJ” to sell, furnish or offer to sell or furnish, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11352.

Count 5

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about November 30, 2017, respondent-licensee’s agent or employee, Mykie Bastidas, permitted patron(s) to possess, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11350.

Count 6

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about November 30, 2017, respondent-licensee’s agent or employee, Mykie Bastidas, permitted Elijah Calvin Browning to possess, within said premises, a controlled substance, to-wit: cocaine, for purpose of sale, in violation of Health and Safety Code Section 11351.

Count 7

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 6, 2017, respondent-licensee(s) knowingly permitted the illegal sale, or negotiations for sales, of controlled substances or dangerous drugs upon the licensed premises, in violation of Business and Professions Code Section 24200.5(a).

Count 8

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about November 30, 2017, respondent-licensee’s agent or employee, Mykie Bastidas, permitted Elijah Calvin Browning to sell, furnish or offer to sell or furnish to Agent Scott, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11352.

Count 9

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about November 30, 2017, respondent-licensee’s agent or employee, Mykie Bastidas, permitted Elijah Calvin Browning to sell, furnish or offer to sell or furnish to Agent Bernstein, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11352.

Count 10

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 25, 2018, respondent-licensee’s agent or employee, Mykie Bastidas, permitted patron(s) to possess, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11350.

Count 11

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 25, 2018, respondent-licensee’s agent or employee, Mykie Bastidas, permitted Elijah Calvin Browning to possess, within said premises, a controlled substance, to-wit: cocaine, for purpose of sale, in violation of Health and Safety Code Section 11351.

Count 12

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 25, 2018, respondent-licensee(s) knowingly permitted the illegal sale, or negotiations for sales, of controlled substances or dangerous drugs upon the licensed premises, in violation of Business and Professions Code Section 24200.5(a).

Count 13

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 25, 2018, respondent-licensee’s agent or employee, Mykie Bastidas, permitted Elijah Calvin Browning to sell, furnish or offer to sell or furnish to Agent Scott, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11352.

Licensee(s) Previous Record: Licensed as above since August 8, 2017.

WHEREFORE, I recommend that a hearing be held on this accusation.

Dated this 8th day of May, 2018.

Deputy Chief Counsel
Department of Alcoholic Beverage Control

 

Accusation Under Alcoholic Beverage Control Act and State Constitution

In the Matter of the Accusation Against:

Licensee:

Costanzos Genco Olive Oil Company, Inc

DBA:

Toby & Jacks

Premises:

764 9th St, Arcata, CA 95521-6206

License(s):

On-Sale General Public Premises

File:

48-582810

Reg:

180868874

Stamp 1:

Filed, Alcoholic Beverage Control, May 2, 2018

I hereby complain and accuse the above respondent(s), holding the above license(s), based on the following statement of facts:

Count 1

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 19, 2017, respondent-licensee’s agent or employee, Joshua Cuppett, permitted patron(s) to possess, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11350.

Count 2

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 19, 2017, respondent-licensee’s agent or employee, Joshua Cuppett, permitted patron Scott Gamar aka “Scoot” to sell, furnish or offer to sell or furnish, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11352.

Count 3

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 19, 2017, respondent-licensee’s agent or employee, Joshua Cuppett, permitted patron(s) to possess, within the premises, a controlled substance, to-wit: MDMA methamphetamine, in violation of Health and Safety Code Section 11377.

Count 4

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 19, 2017, respondent-licensee’s agent or employee, Joshua Cuppett, permitted patron “Haven” to possess, within the premises, a controlled substance, to-wit: MOMA methamphetamine, for purpose of sale; in violation of Health and Safety Code Section 11378.

Count 5

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code~ It is further alleged that the continuance of the license would be contrary to public welfare arid/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 19, 2017, respondent-licensee’s agent or employee, Joshua Cuppett, permitted patron “Haven” to sell, furnish or offer to sell or furnish within the premises, a controlled substance, to-wit: MDMA methamphetamine, in violation of Health and Safety Code Section 11379.

Count 6

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 19, 2017, respondent-licensee’s agent or employee, Joshua Cuppett, permitted patron Scott Gamar aka “Scoot” to sell, furnish or offer to sell or furnish within the premises, a controlled substance, to-wit: MDMA methamphetamine, in violation of Health and Safety Code Section 11379.

Count 7

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 19, 2017, respondent-licensee(s) knowingly permitted the illegal sale, or negotiations for sales, of controlled substances or dangerous drugs upon the licensed premises, in violation of Business and Professions Code Section 24200.5( a).

Count 8

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the .Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about November 9, 2017, respondent-licensee’s manager, officer or person holding 10% or more of the corporate stock, namely Nicole Costanzo, was within the licensed premises, an aider or abettor, as defined in Section 31 of the California Penal Code, in the selling or furnishing or in the offering to sell or furnish a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11352.

Count 9

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about November 9, 2017, respondent-licensee’s manager, officer or person holding 10% or more of the corporate stock, namely Nicole Costanzo, permitted patron Elijah Calvin Browning to possess, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11350.

Count 10

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about October 19, 2017, respondent-licensee(s) knowingly permitted the illegal sale, or negotiations for sales, of controlled substances or dangerous drugs upon the licensed premises, in violation of Business. and Professions Code Section 24200.5(a).

Count 11

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 25, 2018, respondent-licensee’s agent or employee, Joshua Cuppett, permitted patron Jeff Shields, Jr.to possess, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11350.

Count 12

By reason of the following facts, there is cause for suspension or revocation of the license(s ), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 25, 2018, respondent-licensee’s agent or employee, Joshua Cuppett, permitted patron Jeff Shields, Jr. to possess, within said premises, a controlled substance, to-wit: cocaine, for purpose of sale, in violation of Health and Safety Code Section 11351.

Count 13

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 25, 2018, respondent-licensee’s agent or employee, Joshua Cuppett, permitted patron Jeff Shields, Jr. to sell, furnish or offer to sell or furnish, within the premises, a controlled substance, to-wit: cocaine, in violation of Health and Safety Code Section 11352.

Count 14

By reason of the following facts, there is cause for suspension or revocation of the license( s ), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 25, 2018, respondent-licensee’s agent or employee, Joshua Cuppett, permitted patron(s) to possess, within the premises, a controlled substance, to-wit: MOMA methamphetamine, in violation of Health and Safety Code Section 11377.

Count 15

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 25, 2018, respondent-licensee’s agent or employee, Joshua Cuppett, permitted patron Jasmine Oakeshott to possess, within the premises, a controlled substance, to-wit: MOMA methamphetamine, for purpose of sale, in violation of Health and Safety Code Section 11378.

Count 16

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by ·the Department are as follows:

On or about January 25, 2018, respondent-licensee’s agent or employee, Joshua Cuppett, was within the licensed premises, an aider or abettor, as defined in Section 31 of the California Penal Code, in the selling or furnishing or in the offering to sell or furnish a controlled substance, to-wit: MOMA methamphetamine, in violation of Health and Safety Code Section 11379.

Count 17

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about January 25, 2018, respondent-licensee(s) knowingly permitted the illegal sale, or negotiations for sales, of controlled substances or dangerous drugs upon the licensed premises, in violation of Business and Professions Code Section 24200.5(a).

Licensee(s) Previous Record: Licensed as above since August 8, 2017.

WHEREFORE, I recommend that a hearing be held on this accusation.

Dated this 9th day of April, 2018.

Deputy Chief Counsel
Department of Alcoholic Beverage Control

Accusation Under Alcoholic Beverage Control Act and State Constitution

In the Matter of the Accusation Against:

Licensee:

Woodley Enterprises Inc

DBA:

Club 7557

Premises:

7557-59 Woodley Ave, Van Nuys, CA 91406

License(s):

On-Sale General Eating Place

File:

47-419125

Reg:

180868345

Stamp 1:

Filed, Alcoholic Beverage Control, January 18, 2018

I hereby complain and accuse the above respondent(s), holding the above license(s), based on the following statement of facts:

Count 1

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about June 22, 2017, respondent-licensee’s agent or employee, “Vanessa,” encouraged or permitted John Doe #1, on the licensed premises, to touch, caress or fondle her breasts, buttocks, anus, or genitals, in violation of California Code of Regulations, Title 4, Division 1, Section 143.2(3).

Count 2

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200( a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about June 22, 2017, respondent-licensee’s agent or employee, “Vanessa,” encouraged or permitted John Doe #2, on the licensed premises, to touch, caress or fondle her breasts, buttocks, anus, or genitals, in violation of California Code of Regulations, Title 4, Division 1, Section 143.2(3).

Count 3

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about June 22, 2017, respondent-licensees permitted “Anna” to perform or simulate an act of sexual intercourse, masturbation, sodomy, bestiality, oral copulation flagellation or other sexual act upon the premises, prohibited by law, in violation of California Code of Regulations, Title 4, Division 1, Section 143.3(1)(a).

Count 4

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare arid/or ~orals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about June 22, 2017, respondent-licensees permitted “Anna” to perform or simulate an act of touching, caressing or fondling her breasts, buttocks, anus or genitals, upon the premises, in violation of California Code of Regulations, Title 4, Division 1, Section 143.3(1)(b).

Count 5

By reason of the following facts, there is cause for suspension or revocation of the license(s), in accordance with Section 24200 and Sections 24200(a) and (b) of the Business and Professions Code. It is further alleged that the continuance of the license would be contrary to public welfare and/or morals as set forth in Article XX, Section 22 of the California State Constitution and Sections 24200(a) and (b) of the Business and Professions Code. The facts which constitute the basis for the suspension or revocation by the Department are as follows:

On or about June 22, 2017, respondent-licensee’s agent or employee, “Lala,” encouraged or permitted John Doe #3, on the licensed premises, to touch, caress or fondle her breasts, buttocks, anus, or genitals, in violation of California Code of Regulations, Title 4, Division 1, Section 143.2(3).

For purposes of imposition of penalty, if any arising from this accusation, it is further alleged the respondent-licensee(s) has/have suffered the following disciplinary history:

WordPress Data Table

 

Licensee(s) Previous Record: Licensed as above since December 27, 2004.

WHEREFORE, I recommend that a hearing be held on this accusation.

Dated this 4th day of January, 2018.

Attorney
Department of Alcoholic Beverage Control