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the city says the transaction you re about to see is against the law. this cell phone video was shot by eric hernandez. he orders three beers and gets them in a bag to go. today, hernandez showed us one of the beers and the blackberry he used to capture his trip. i m really upset. reporter: here s the problem mike s pizza, also known as mike s mark, doesn t have a permit to sell beer to go. you have to dine in. in the video, you can hear the clerk tell hernandez he doesn t have the to-go permit. no license to go. oh, okay. yeah. reporter: hernandez says the last thing his neighborhood needs is another liquor store. there are too many liquor stores specifically in this census tract. within a four-block radius. reporter: five to be exact, all surrounded by three schools. we showed the undercover video to the deputy director of san jose s code enforcement department. now that i ve seen the video, we re going to go ahead and now proceed with enforcement ac ....