State goes after legendary all-ages music clubs
A teenager's first concert is a rite of passage of sorts, and in San Francisco, that rite often is undertaken at one of the city's inexpensive, small, all-ages music clubs - a type of business that owners warn might not survive much longer because of new enforcement efforts by state alcohol officials. [...]
Those venues could be forced to close, owners say, if the state Department of Alcoholic Beverage Control, better known as ABC, continues to impose rules that club attorneys argue are legally questionable and often unrelated to booze or safety issues.
Some of the clubs say they only recently learned about the new rules, which are not written into state law and haven't been enforced in the past.
For example, ABC has decreed that at least half of the clubs' revenue must come from food sales. The agency also is taking issue with minor operating changes, such as one club's decision to open an hour later.
In almost every case, the San Francisco clubs who have been battling ABC have the support of neighbors and local leaders.
The article doesn't mention DNA Lounge specifically, but this is absolutely the same fight that we're in. Though they're going after us with a ridiculous "lewdness" charge, they're going after all of the other clubs for whatever technicality they can find. There is a clear pattern of abuse of power here.
Also, we just filed our official appeal of our permit revocation to the ABC appeals board:
The grounds for this appeal are that (a) the department has proceeded without, or in excess of, its jurisdiction; (b) the department has not proceeded in the manner required by law; (c) the decision is not supported by the findings; (d) the findings are not supported by substantial evidence in the light of the whole record; (e) there is relevant evidence, which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the department, and (f) ABC Rules 143.2 and 143.3 are unconstitutional.