WineStyles, the franchised wine bar and retail wine store that was set to open on December 16 in the 970 Monument Building, has been beset by unanticipated permit issues. Owner Thierry Oliva held a VIP reception on December 15, on the eve of his scheduled weekend opening. That same night his landlord, Elsie Lin of the Forest West Group, told him that she had just learned that although Oliva had a liquor license, a conditional-use permit and a retail certificate of occupancy (C of O)–all of which are requirements for opening–he had the wrong C of O. The C of O he holds means that he can sell wine or other merchandise, but not offer wine tasting, an important element for his store. The liquor license Oliva holds is for selling beer and wine for on- and off-site consumption. He does not hold a license strictly for selling retail wine, which means the store can’t open. ‘I am trying to make sure everyone is pleased, so they don’t take away my license,’ Oliva told the Palisadian-Post on Tuesday. ‘He has been having so much trouble,’ said Forest West Group intern Ashley Sun. ‘I know Elsie has been trying to help him out.’ (Lin is on vacation and unavailable for comment.) This setback is just one of the many difficulties that Oliva has encountered in opening his 1,600-sq. ft. store. After signing a contract for the store space a year ago, he created his company and filed for a conditional-use permit and an Alcohol Beverage Control (ABC) license. He started paying rent in April. One woman wrote a letter to the zoning administrator in the City Planning Department stating her opposition to a wine store. ‘Unfortunately for WineStyles and Thierry, this letter was the cause for much delay,’ said Marina Martos in Councilman Bill Rosendahl’s office this week. Rosendahl’s office was active in helping Oliva obtain his conditional-use permit from the City Planning Department, which he received in November. Once Oliva had that permit, he was able to secure his liquor license, which became final on December 11. There are different applications for different C of O’s. ‘WineStyles aims to do more than simply sell wine–it aims to be a place where patrons may have a seat and enjoy a glass of wine on the premises,’ Martos said in an e-mail to the Post. ‘This has been an understanding of our office and the City Planning Department. ‘For some reason, it was not discovered until now that a retail C of O is inappropriate for on-site consumption,’ Martos said. Once Oliva discovered he had the wrong C of O, he and Lin visited the Department of Building and Safety to obtain the correct one. Apparently, Oliva has to apply for a change-of-use permit. This is where the situation becomes mired in bureaucracy. No one at Building and Safety seems to be sure which C of O is required. Oliva said he spoke to one person who said that he needs a nightclub C of O (which implies dancing or music), and another person who suggested a lounge C of O (which is categorized by hard liquor), but neither certificate is applicable to an establishment that simply wants to let people sample wine before they buy it. ‘It’s a confusing situation, the tasting issue,’ Oliva said. ‘The city doesn’t know what category we should be in.’ Martos tried to contact Building and Safety on Tuesday, but no one was available. She speculates that on-site consumption would make the C of O requirements closer to that of a restaurant or a bar, which affects parking, restroom and seating requirements. ‘However, it may also be the case that WineStyles complies with all the requirements and wouldn’t have to change much except the language on the C of O,’ Martos said. ‘That’s what we’re hoping for.’ Said a frustrated Oliva: ‘We have all the wine and everything, but can’t open. It is just a matter of words. The whole bureaucratic thing is just killing us.’ If it isn’t the case of simply changing the language of the C of O, Oliva will have to (l) comply with additional conditions in order to get the change-of-use permit approved and (2) have another inspection before he receives the appropriate C of O. According to Martos, a change-of-use permit takes about three months to obtain. ‘He’s wonderful and a really nice guy,’ said Vivian Foster, owner of Vivian’s Boutique, located opposite WineStyles. ‘My heart goes out to him. He has spent a lot of money and he’s worked his tail off.’ When might the store open? ‘If I’m lucky,’ Oliva said optimistically, ‘the second week of January.’
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