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Thursday, December 30, 2010

Could Board of Supervisors Yank Chris Daly's Liquor License?

Posted By on Thu, Dec 30, 2010 at 12:55 PM

click to enlarge Are good times ahead at Daly's Dive?
  • Are good times ahead at Daly's Dive?

Yesterday marked Chris Daly's official transfer from dealing with drunks and loonies in City Hall to dealing with them in his new bar.

But City Hall may not be entirely in his rearview mirror. Some of Daly's soon-to-be former government colleagues wondered if the liquor license for his bar might ever be ruled upon by the Board of Supervisors. "That would be a lot of fun," they said.

When contacted, Inspector Dave Falzon, the head of the police liaison unit with the Department of Alcoholic Beverage Control, also remarked "That would be a lot of fun." But could it happen? Falzon dived into the file to find out.

It turns out that the Board of Supervisors will have to find other avenues of pleasure than potentially yanking Daly's liquor license. It would take a fantastic set of circumstances for the supes to get a chance to weigh in on the matter.

click to enlarge chris_daly_cocktail_thumb_400x634.jpg
Had Daly attempted to open a new bar in a high-density, high-crime area, then, yes, the board would have to approve his liquor license. But that's not what he did. Instead, Daly bought the lease of the Buck Tavern from its prior owner. What's more, in the eyes of the law, the Buck Tavern/Daly's Dive is not a "bar." Rather, it's a "Type 47" -- an "On-Sale General Eating Place." One of the big distinctions, by the way, is you can take your whole family into Daly's new bar, as it is a "general eating place." Even if it's a general cussing place, too.

You can see Daly's liquor license right here, by the way.

The supes only get to regulate bars -- sans food -- or liquor stores opening up in high crime and/or high density areas. So even if Daly moves his bar, er, general eating place -- and he thinks it's likely he will before its 22-month lease is up -- he wouldn't have to answer to the supes unless he gives up serving food and opens a straight-up "Type 48" bar without a kitchen. And, even then, he'd have to move into either a congested or high-crime neighborhood.

While the supes don't get to tell Daly what to do, the police do. The prior owner of the tavern attempted to remove some of the conditions binding its business plan before selling it. This was denied. So Daly must abide by 13 conditions, some none too trivial. Among them:

  • The monthly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period.

  • Incidental, sporadic, or infrequent sales of meals or a mere offering of meals without actual sales shall not be deemed sufficient to consider the premises in compliance...

  • There shall be no amplified music on the premises at any time.

You can read the whole document here: Bucks Tavern aka Dalys Dive Bar 1655 Market Street.pdf

Daly not having to rely on his former colleagues seems like reason enough for a celebration. Just don't amplify it. 

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About The Author

Joe Eskenazi

Joe Eskenazi

Joe Eskenazi was born in San Francisco, raised in the Bay Area, and attended U.C. Berkeley. He never left. "Your humble narrator" was a staff writer and columnist for SF Weekly from 2007 to 2015. He resides in the Excelsior with his wife, 4.3 miles from his birthplace and 5,474 from hers.


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