Accusation Against Vivi Lu, Inc

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:

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