A boom in unpermitted, illegal food, beverage, and goods sales around Fisherman's Wharf has led to widespread complaints from business owners and others. But depending on which agency or government entity you ask, there seems to be a kicking of the can back and forth about whose responsible for cracking down.

ABC 7/KGO reported this week that San Francisco is "cracking down" on illegal vendors, some of whom have reportedly been selling alcohol to minors off of folding tables, among other infractions. And Hoodline reported last month on the booming black market for drinks and more, noting that the Port of San Francisco essentially barred other local entities from doing anything about it.

Concern is growing over an outdoor market at Fisherman's Wharf with vendors selling goods, food and in some cases alcohol, without any regulation. https://t.co/MZt0nQql2K pic.twitter.com/SftvBQfWdT

— ABC7 News (@abc7newsbayarea) July 20, 2021

Randall Scott, the executive director of the Fisherman’s Wharf Community Benefit District, told KPIX last month, "There’s no ID-checking so, literally, a minor can walk up and buy alcohol. The alcohol is a new factor, they’ve taken it to the next level."

And local business owner Bob Partrite of Simco Restaurants tells KGO, "We are paying all of our taxes, permitting fees and licensing fees and we get inspected by the health department or local organizations and these people come and set up shop and are able to sell without having any of the things a business is supposed to have."

Supervisor Aaron Peskin tells KGO that he's working with the Port on a Vendor's Program that "brings us into compliance with state law while restoring the City's ability to ensure the highest standards for public health and safety." But it doesn't sound as though the program has gotten off the ground, and it's unclear if any agents of the Port are doing any crackdowns of their own.

The California Department of Alcoholic Beverage Control (ABC), which would typically act as cops in matters of booze sales to minors, confirms to KGO that some unknown number of citations have been issued to illegal vendors. But, the ABC says, "Since these vendors are not licensed by ABC, the department does not have authority to discipline these business." And, they add, "ABC forwards any misdemeanor criminal citations to local District Attorneys for possible prosecution. Any punishment would be determined through the criminal justice system."

KGO didn't seek comment from the DA's Office, but they did go to the Department of Public Health to see if they have any concerns about the unpermitted food that's being sold.

"Over the past year, we have worked with the Port of San Francisco and the Department of Public Works to provide vendors in the Fisherman's Wharf area with information on how to keep food safe, obtain permits for approved food sales, and how comply to with current regulations," DPH said in a statement. "When necessary, we have also given warnings to unpermitted vendors following enforcement operations."

So, there you have it! Time to set up shop and sell Pisco sours to unwitting tourists.

Top image: TheWharfSF/Twitter

Two bills introduced in February in the California State House by Senator Scott Wiener have passed with unanimous, bipartisan support in the Senate Governmental Organization Committee — and hopefully this means that soon there will be post-pandemic extensions for restaurants' and bars' outdoor drinking spaces, and an easier path for entertainment venues to serve alcohol.

Senate Bill 314, with was co-authored by a bipartisan group of state senators, makes what Wiener calls "common sense changes" to existing ABC regulations around extending existing liquor licenses outdoors. The bill, if passed by the full Legislature, would allow current licensees who have emergency-relief expanded-premises permits for liquor service to have a one-year grace period in which to keep those outdoor setups — and in which to apply for permanent extensions for those licenses to the outdoors. This means that once local emergency declarations are lifted, post-pandemic, restaurants and bars that are currently offering outdoor seating in alleyways, parklets, and on sidewalks can continue for at least a year after that, if not longer.

"This expanded outdoor seating and service area has allowed restaurants and bars to survive and has been wildly popular with the public, with a more European street life feel," says a release from Wiener's office.

As SFist reported previously, the bill also makes it simpler for bars and restaurants to share their spaces with pop-ups, with each other, and with non-alcohol-serving businesses — which allows a retail area to be shared by multiple entities, lowering costs for all, with continued alcohol service from the licensee.

Current rules also limit liquor licensees to 24 uses of their catering license per year, and SB 314 would expand that to 52 uses per year, allowing restaurants and bars to have more of a revenue stream from catering.

SB 314 has Senators Carlos Villapudua (D-Stockton) and Bill Quirk (D-Hayward) as principal co-authors, and it's also co-authored by Senator Andreas Borgeas (R-Fresno) and Senator Jim Nielsen (R-Red Bluff), and Assemblymembers David Chiu (D-San Francisco), Wendy Carrillo (D-Los Angeles), Phil Ting (D-San Francisco), Adam Gray (D-Merced), Cecilia Aguiar Curry (D-Napa), Chad Mayes (I-Rancho Mirage), and Eduardo Garcia (D-Imperial).

A second bill, SB 793, will ease California's open-container rules when it comes to outdoor drinking at festivals or in designated "entertainment zones."

The bill authorizes cities and counties to designate such zones, and gives local governments the ability to open up shared areas or host festivals in which attendees can purchase and consume alcohol from multiple businesses and wander within the zone. Such rules have been grandfathered in at specific street fairs in San Francisco, including Castro Street Fair and Folsom Street Fair, but otherwise ABC regulations have required designed "beer gardens" at festivals and no wandering around with cups outside those areas.

SB 793 also creates a new type of liquor license for entertainment venues. Currently, music venues have to apply in the same manner as bars and restaurants, and the bill will remove some of the time and administrative cost involved for these venues to be able to serve alcohol.

On Twitter, Senator Wiener characterizes the bills as "a shot in the arm to restaurants, bars, [and] live music venues" that have been struggling or completely closed for the last year.

"Let’s lift up our small businesses [and] make our cities more vibrant," he says. He adds that small businesses across the state provide more than a third of the state's jobs, and letting restaurants and bars do more business outdoors is simply good for the state economy. "These businesses are part of the fabric of our communities, and they employ so many of our neighbors," he says.

It remains to be seen if the bills face significant opposition in the Legislature. Both bills passed 15-0 in committee.

Photo: SFMTA

The California Department of Alcoholic Beverage Control (ABC) may have relaxed some of its rules around the sale of alcohol to go in order to help struggling restaurants survive during the pandemic. But that doesn't mean they've gotten relaxed about enforcement of underage drinking laws.

No one really expected the notoriously illiberal ABC to suddenly turn into nice guys just because we're dealing with a global pandemic and economic recession. But with virtually no bars open across the state, agents apparently needed something to do, so they're now busting delivery drivers and restaurants that knowingly or unknowingly fill orders for alcohol made by teens.

As KGO reports this week, the ABC has been conducting a sting and has cited issued 214 citations to delivery drivers so far this year — including one to San Rafael's Shiro Kuma Sushi and a Grubhub delivery driver who delivered one of its orders containing alcohol to an undercover agent without checking for ID.

Shiro Kuma Sushi now faces one year of probation on its liquor license, and the driver could be fined between $250 and $1000.

"We received a complaint that delivery services were not checking identifications and as a result alcohol deliveries were going to places where there were minors," says ABC spokesperson John Carr, speaking to KGO. "We found that the compliance rate was very low and the violation rate was very high."

But is this really important right now? Making sure that no 16-year-olds order sake with their sushi and get away with it?

Many would argue no, and for the owners of Shiro Kuma Sushi, it's just one more kick in the teeth during what's already been a difficult year for the business.

"For ABC to conduct a sting like that not just targeting myself but targeting other restaurants especially during the pandemic is wrong," says manager Sebastian Shigeyoshi, whose father owns the restaurant.

And while it falls on the delivery companies to train their drivers to check for IDs at the door when delivering alcohol, the companies themselves are not licensed to sell alcohol, so it's the restaurants who get punished.

The ABC says that it prefers "education over enforcement," and that it posted industry advisories on its website between April and June before beginning these sting operations.

Grubhub issued a statement to KGO saying, "When we learn of a possible violation of this policy by a driver we fully investigate the delivery and terminate contracts for drivers that do not comply with our policies."

Photo: Robert Anasch

Looks like you'll have to stick to just pouring your own damn adult beverage of choice in those morning Grandes. The Chronicle reports that Starbucks has decided to withdraw its application for a beer and wine license at three of its San Francisco coffee shops after running into opposition from both the Board of Supervisors and SFPD.

According to the paper, the three locations that almost allowed you to drunkenly tell your boss with a straight face that you had "only stepped out to Starbucks for a quick cup" were 565 Clay Street in the Financial District, 280 King Street near AT&T Park and 685 Beach Street at Fisherman’s Wharf.

“The department hopes this sends a loud message to state regulators who supported these licenses that they need to recognize the concerns of our community and our local government,” said SFPD ABC liaison Lieutenant Dave Falzon.

The attempt to sell beer and wine was part of a larger move, called Starbucks Evenings, that sought to make the daytime hangouts double as evening chill spots. "We’ve always been your neighborhood morning stop—a place to help you start your day," reads marketing copy describing the nocturnal plan. "Now we’re bringing a little delight to your evenings too. [...] So take a moment to unwind, meet up with friends and enjoy a glass of wine and a delicious little something—with us."

Hmm, perhaps SFPD was just trying to save us all from our own bad taste?

Regarless, it looks like the company hasn't given up: “We will continue to thoughtfully assess the opportunity to expand the menu in the future while working with partnership with the city,” Starbucks spokeswoman Linda Mills explained to the Financial Times. So, come this holiday season, you may be able drink booze out of your Starbucks red cup after all.

Related: Starbucks Wine In A Cup

An East Bay man was apparently channeling Al Capone, as a tip to agents of the California Department of Alcoholic Beverage Control (ABC) led not only to the discovery yesterday of an illegal still and 200 gallons of spirits, but 40 illegal and unregistered firearms ranging from assault rifles to a grenade launcher.

In a statement detailing the raid, the ABC notes that the suspect, 53-year-old Sterling Hartwell Albert of Martinez, was arrested on multiple felony charges.

"In recent months, ABC had been investigating a storefront located at 5052 Forni Drive, Suite C in Concord after receiving a complaint that distilled spirits (rum and whisky) were being manufactured and sold illegally at the property," reads the ABC statement. "ABC Agents conducted an undercover investigation and obtained search warrants for both the business and the suspect’s residence."

When they searched Albert's home, however, agents discovered a lot more than just illegally manufactured booze.

"At the residence, ABC found multiple illegal firearms including a grenade launcher, fully-automatic assault rifles and silencers."

Which: a grenade launcher? What?

The official ABC statement helpfully reminds us that "[illegal] stills are potentially explosive," and that a "distilled spirit made illegally may also not be safe to consume."

You know what else isn't that safe? Middle-aged men armed to the teeth for a civil war of their own design.

Related: Playland On Polk Suspended For Sale Of Cocaine, Marijuana

According to the website for Playland, the Polk Street bar will be closed for a "remodel" until March 3rd. But the Chronicle is implying that's some coded language, and maybe not the first for the establishment.

Alleging that the business allowed an employee to "negotiate the sale of cocaine and marijuana inside," the California Department of Alcoholic Beverage Control has posted a 30-day notice of a liquor license suspension at the bar. It's not known whether criminal charges against employees have been filed.

It certainly brings to mind the recent bust at Gestalt Haus on 16th Street. That bar was also shut down for 30 days after an employee was caught slinging pot following a 4-month California Alcoholic Beverage Control undercover operation.

Perhaps I'm being paranoid, but it leads me to suspect that other investigations could be underway. So just in case, make sure not to use anything that could be construed as drug code in your drink order.

Previously: Gestalt On 16th Shut Down For Selling Weed

Mission beer and bicyclist bar Gestalt Haus has had their liquor license suspended for 30 days after a doorman was caught selling marijuana. California Alcoholic Beverage Control spokesman John Carr issued a statement Thursday saying that the bar had been shut down following a four-month undercover investigation, as the Chron reports.

If there are any further violations discovered during their two-year probation period, Gestalt runs the risk of losing their license permanently.

So, someone tipped the ABC off that one of the dudes at Gestalt dealt weed, and KTVU reports that that dude is 34-year-old Luther Dan Smith of Oakland. But it really took a four-month investigation to nail the guy? That seems like a waste of time and resources. Not to mention some ABC agent clearly did a lot of beer-drinking and brat-eating in that time.

The ABC is passing along their complaint to the District Attorney's office who will decide whether to press criminal charges against Smith.

Gestalt Haus - 3156 16th Street between Valencia and Guerrero

SF Examiner has details that ABC is filming the a new police pilot in SF. It's called True Blue. It will star Scott Foley, Marc Blucas and Theo Huxtable. And we can't imagine it doing well. TV is focused onendearing family dramas right now (Brothers & Sisters, Parenthood, Modern Family). What's more, we cannot imagine it winning an Emmy Award. Like, "And the Emmy goes to...True Blue" doesn't quite roll off the tongue. But we like being proved wrong with television shows we judge too soon, too harshly. (Breaking Bad and The Hills being two recent examples of shows we initially craped until further viewing. Even though The Hills transformed into dried fecal mater after LC left the show, so...we digress.) Anyway, SF Appeal has more details about ABC's latest attempt into the cop show genre. Let's hope it fairs better than NBC's disastrous Trauma.

What we would like, however, is for Bravo to discover San Francisco. Billed as the gayest watchable network on TV right now, they have no plans, as for as we know, to film a Real Housewives cycle here in picture-perfect Baghdad by the Bay. We see nothing in Variety or Hollywood Insider. Atlanta, New York, Orange County, and even New Jersey get to to degrade themselves with a patented Real Housewives spectacle. Why can't we?

Or, better yet, give us a gender-bending Real Husbands of San Francisco, showcasing the many fine, very wealthy, penis-carrying elite? And it should only star the finest SF-based men who love men. (That is to say, no transplant Castro trolls, politicians, or wonks who threaten your Editor with litigation after seeing them come out of a gay bar bathroom covered in Peruvian flake. Ahem.) Last October, Popnography had a piece claiming that Bravo producers were "looking for 'high rolling, affluent, social, stylish couples.'" Though that rumor fizzled out, we think locals like Joel Goodrich would be nothing short of sheer fucking genius on a Bravo-crafted show.

Hop to it, Bravo. Please.

The Department of Alcoholic Beverage Control, a malignant cancer attacking San Francisco's nightlife scene, has dropped its "ambiguous" suit against Great American Music Hall. It seems the ABC was upset at the O'Farrell venue, according to NBC Bay Area, for "operating more like a nightclub than a restaurant." (They serve food at GAMH?!) This creepy attack from the booz controllers goes along with similar complaints they have filed against clubs like Cafe Du Nord and DNA Lounge. On Monday, however, "the ABC dismissed its complaint against the Great American Music Hall after an administrative law judge recommended the charges be dropped because 'the regulation relied upon by the ABC was ambiguous.'"

7 x 7 created this great video featuring Dawn Holliday, co-owner of Slim's, Guy Carson, owner of Cafe Du Nord, and Amy Miller of Sonicliving.com speaking about the Alcoholic Beverage Control's recent "crackdowns" on all-ages venues. The clubs' funds are all being depleted from fighting lawsuits, and staff morale is very low since they don't know how long they'll have jobs. Guy Carson has been in the business for twenty years and has never had any ABC violations. His question is, Why now, all of a sudden? His answer is that the folks in Sacramento are simply forcing their worldview onto San Francisco, which is pretty scary.

The frustrating part of the whole situation is that these venues aren't breaking any real laws, just an arbitrary rule set by the ABC that the agency isn't even required to enforce. The rule dictates that a venue needs to sell 50 percent food and 50 percent alcohol. According to the Guardian, ABC spokesman Jim Carr claims that only one unnamed venue is actually being cited specifically for the rule, whereas Café du Nord, Slim's, Swedish American Hall, Great American Music Hall, Rickshaw Stop, Bottom of the Hill, and ten other venues are being held accountable for deviating from their original business plans, in which they had been asked to "predict" the amount of food and alcohol they would sell.

This cannot be good. Aiding in the closure of one of the few business that make money in SF? Ugh. According to Anna Conda, former Miss Trannyshack and club promoter of Herr-A-Chick, the DNA Lounge finally "lost its liquor license," so she's moving her club night. If you recall, DNA Lounge came under fire from the California Department of Alcoholic Beverage Control, after the covert agents witnesses the exposing of bare buttocks at one of the club's queer nights. (Anna Conda has since moved the 4/15 version of Herr-A-Chick to the Eagle Tavern.) But don't fret, DNA fans. They are still in the appeals process. Stay tuned for updates, or go here for more about DNA's ongoing battle with ABC.

Update: Drama! OK, we futzed the first part of this. Here's what DNA (angrily) has to say about the above information.

1) We have not "lost our liquor license". All that happened is we got another piece of paper along the way with ABC's decision on it, as opposed to mere threats. The appeal process continues. It could take years, and we will certainly be open in the meantime.

2) The reason Herr-a-Chick is moving to the Eagle is because they were never able to get more than 50 people to show up to one of their events. DNA Lounge is just way too big for them.

Also, "the judge recommended revocation, and they are facing a long appeals process, but they still have it and it's business as usual." That is to say, the place is open for business as usual.

Here's a link to the legal defense fund to help DNA Lounge.

There's a Save DNA Facebook page too.

You know greater-good types who, under the impression they're doing God's work, treat people like crap on a one-on-one basis? You know the type, right? (Because, let's face it, you might be one.) Stephen Fowler is their sovereign king. That is, if you go by the hate stemming from the interwebs these days. Ranked no. 3 last night on Google Trends, Noe Valley residents Fowler and his life coach wife, Renee Stephens, have developed quite a following after appearing on a disastrous episode of Wife Swap.

Beth Sportswood reports, "The world is now in an anti-Fowler uproar, posting his personal and work information on the internet and creating my favorite new website, www.stephenfowlersucks.com."

And Valleywag has the wife's censored confession. It seems Stephens published and the removed her first apology online, with the second apology revealing that she has asked Fowler to seek professional help since the episode aired.

While no one on this episode come off all too swell -- which is kind of the point of Wife Swap -- Fowlers touched a nerve with America, while setting the people-in-Noe Valley-aren't-all-self-righteous-pricks movement back several years.

There but for the grace of God go I, you mumble? Yeah. Same here.

You can catch fan videos here and here.

ABC 7's Dan Noyes needs your help, public transit riders! It's for a story. According to his latest tweet, "I-Team's looking for anyone aboard MUNI bus 33 outbound yesterday @3:45pm who witnessed an altercation with driver at Ashbury and Frederick." Did you? If so, contact Noyes at Dan.Noyes@abc.com. Update: Be sure to catch the top of the six o'clock news on ABC 7 with the latest altercation on a Muni bus.