Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PC RES 4103
RESOLUTION NO. 4103 '' A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL REVOKE ` CONDITIONAL USE PERMIT 98-029 FOR ON-SITE SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS (LICENSE TYPE 47) AND THE LIVE ENTERTAINMENT PERMIT IN CONJUNCTION WITH A RESTAURANT LOCATED AT 14131 RED HILL AVENUE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That Conditional Use Permit (CUP) 98-029 was filed in 1998 to allow on- site sale and consumption of beer, wine, and distilled spirits (ABC License Type 47) and live entertainment in conjunction with a restaurant located at 14131 Red Hill Avenue. The application was heard by the Planning Commission on February 8, February 22, and March 8, 1999, at which time the Planning Commission approved Resolution No. 3655 for CUP 98- 029. B. That on March 15, 1999, the City Council appealed the Planning Commission's decision based on public complaints and concerns about the use at that location. Two additional public hearings were subsequently held on April 5, and April 19, 1999, at which time the City Council upheld the Planning Commission's decision and approved Resolution 99-29 for CUP 98-029. C. That pursuant to Condition 1.7 of Resolution No. 99-29, the Community Development Director may review CUP 98-029 to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 98-029, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director may initiate proceedings to revoke the Conditional Use Permit. As a result of several complaints received in regard to the business operations, investigations were initiated by the Community Development Director to ascertain compliance with conditions of approval for CUP 98-029. Such investigations demonstrated that numerous violations occurred. An Investigative Report was prepared and is attached in Exhibit A of Resolution 4103. Therefore, proceedings to revoke Conditional Use Permit 98-029 were initiated. D. That, pursuant to Tustin City Code Section 9293c, the Planning Commission may recommend that the City Council revoke a conditional use permit if any one of the following findings is made: 1. If any of the terms or conditions of approval are violated; or, Resolution No. 4103 Page 2 2. If the following finding is made: The continuance of the use would be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City. E. That on October 16, 2008, a notice of the public hearing was published in a newspaper of general circulation indicating that the Planning Commission would consider a report to revoke CUP 98-029 and the Live Entertainment Permit currently utilized by RodericKs restaurant. At least ten days prior to the hearing, notices were also mailed to the last known operator and all property owners within three hundred (300) feet of the site. F. That for a period of one (1) year following the approval, denial or revocation of a discretionary land use permit, no application for the same or substantially similar discretionary permit for the same site shall be filed. G. That the Planning Commission held a public hearing on the revocation of Conditional Use Permit 98-029 at a duly noticed, regular meeting on October 28, 2008. H. That the Planning Commission has considered the matter and made the following findings based on the evidence as described in the staff report dated October 28, 2008, and attachments thereto, including the Investigative Report in Exhibit A of Resolution 4103. The Planning Commission hereby makes the following findings as required in the Tustin City Code Section 9293.c: 1. The City Council passed and adopted Resolution No. 99-29 at a regular meeting held on the 19th day of April, 1999. The City Council determined that the establishment, maintenance, and operation of the use applied for would not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin. However, the facility has not been operated in accordance with the terms set forth in Conditional Use Permit 98-029 and the conditions of approval set forth in Resolution No. 99-29. The facility's operators have consistently violated the terms of Use Permit 98- 029 and continuance of the use would constitute a detriment to the health, safety, and general welfare of nearby residences, businesses, and the community. As shown in the summarized investigative report in Exhibit A of Resolution No. 4103, regardless of ownership, business name or Resolution No. 4103 Page 3 restaurant menu, the businesses at this location have continually violated the conditions of approval for Conditional Use Permit 98- 029 as well as ABC licensing requirements and the California State Penal Code. The required findings for revocation of CUP 98-029 that the use continues to be detrimental to the community and the City are further substantiated and arbitrated in detail in the Investigative Report in Exhibit A of Resolution No. 4103. The following conditions of approval have been violated: a. Condition 2.1: No off-site sale or consumption of alcohol is authorized, except partially consumed bottles of wine as authorized in Business and Professions Code Section 23396.5. Numerous violations were noted by the Special Investigations Unit violating the requirement that no alcohol was to be consumed off-site. Specifically, on a number of occasions undercover officers walked outside the front door holding beer bottles and spoke with the bouncer. The bouncer never asked them to step inside. An ABC undercover officer also consumed alcohol outside on the patio in front of the bouncer and only after approximately two minutes was asked to bring the drink inside. Undercover officers also observed what appeared to be alcohol being consumed outside, near the front door. b. Condition 2.3: Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. On numerous occasions, violations were noted by the Special Investigations Unit. Specifically, 80 percent of the premises were not set up for serving meals to the public. On multiple occasions, undercover officers were told that the kitchen was closed. Furthermore, no utensils or condiments were provided on the tables. c. Condition 2.4: Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing time. In a number of separate instances, Code Enforcement inspected the site and noted a poster and online advertisements indicating that the facility was open "Friday 9:00 p.m. - 2:00 a.m:' Furthermore, when officers phoned on Resolution No. 4103 Page 4 several separate occasions and asked what time they close on Fridays, they received a response of"2:00 a.m:' d. Condition 2.5: The menu of the restaurant shall consist of foods that are prepared on the premises. During several separate investigations, undercover officers were told that the kitchen was closed and no food was being prepared on the premises. e. Condition 2.9: Authorization for the on-site sales of beer, wine, and distilled spirits (ABC license Type 47) is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. City staff provided written correspondence on at least two separate occasions to the owner informing him that operation of an all age dance club is not authorized by the Conditional Use Permit 98-029 nor the Live Entertainment Permit. Multiple violations of ABC license were also observed by undercover officers and the business was fined in-lieu of suspension after ABC investigators discovered violations of the license. During several separate undercover investigations, the restaurant did not offer food service nor did they provide eating utensils for food consumption. f. Condition 2.10: din part] Shall not exceed 72 "bar seats" within the lounge area and four "bar seats" within the main level dining room. During several separate undercover investigations, it was noted that the facility supplied in excess of 12 bar seats in the lounge and in excess of two bar seats at the main level. g. Condition 2.11: The applicant shall obtain a Public Dancing Permit and an Entertainment Permit from the Community Development Director prior to offering public dancing and live entertainment on the premises. Several conditions of approval of the Public Dancing Permit and Entertainment Permit were noted to be violated. The entertainment permit conditioned that it was subject to the conditions of approval in Resolution No. 99-29 approving CUP 98-029. Therefore, every time there was a violation of Resolution No. 4103 Page 5 conditions for CUP 98-029 it was a violation of the live entertainment permit. Additional violations were observed by officers that included entertainment being provided that was not consistent with the approved live entertainment permit. h. Condition 2.12: Any bar located within the facility shall function as a food/beverage service bar. Undercover officers were told on several separate occasions that the kitchen was closed and food was not available. Condition 2.14: The entire facility, which includes all three (3) levels, shall operate exclusively as a restaurant. During business hours, at least 80 percent of the premises shall be designed and used for and must possess the necessary utensils, table service and condiment dispensers with which to serve meals to the public. During several separate investigations, undercover officers were told that the kitchen was closed. Furthermore, during separate instances, minimal or no place settings and utensils were observed. Tables and chairs were also observed being removed to make room for dancing. Condition 2.15: "No Loitering" signs shall be posted at the entrance of the business. During multiple inspections, both code enforcement and undercover officers noted that no such signs could be observed. k. Condition 2.16: All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking area no less frequently than once each day that the business is open. On several separate occasions, Special Investigations Division officers observed trash strewn around the parking lot. 2. The use continues to be detrimental to the community and the City and as clearly substantiated in the amount of staff time and police services that have been required throughout the life of the permit. The investigative report in Exhibit A of Resolution 4103 further shows, regardless of ownership, business name or restaurant menu, the businesses at this site have continually violated the conditions of approval as well as California State Penal Codes. Resolution No. 4103 Page 6 In addition to undercover police actions, based on police records, there are significantly higher calls for service at 14131 Red Hill Avenue than many other restaurant uses in the City. These calls include patrol checks, suspicious vehicles, loud party music, petty theft, rowdy "gangster type' crowds, and other disturbances of the peace. Consequently, the continuance of the use would be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City. That this project is Categorically Exempt pursuant to Section 15270(b) (Article 18. Statutory Exemptions- Projects which are disapproved) of the California Environmental Quality Act (CEQA). (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby recommends that the City Council revoke Conditional Use Permit 98-029, which authorized on-site sale and consumption of beer, wine, and distilled spirits (ABC License Type 47) and live entertainment in conjunction with a restaurant located at 14131 Red Hill Avenue. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 28th day of October, 2008. ;- CHARLES E. PUCKETT ~ ~_____~ Chairperson ~- LIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4103 Page 7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4103 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of October, 2008. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A OF PLANNING COMMISSION RESOLUTION NO. 4103 CITY OF TUSTIN CODE ENFORCEMENT OFFICER'S INVESTIGATIVE REPORT DATE: BUSINESS OWNER: August 28, 2008 Matthew R. Huston 930 S. Keene Drive La Habra, CA 90631 SUBJECT PROPERTY ADDRESS: CASE NO.: SUBJECT: RECORD OF ACTION: 14131 Red Hill Avenue V05-0368 & V08-0298 Repeated CUP Violations at property May 31, 2005 • City staff sent a letter to Fitz's Pub & Lounge business owner Gregory Fitzgerald. In the letter, Mr. Fitzgerald was informed that operating an all age's dance club is not authorized by the Conditional Use Permit 98-29 (or) the Live Entertainment Permit under which the restaurant at 14131 Red Hill Avenue operates and is not permitted at that location (Exhibit 1). June 6, 2005 • City met with Scott Leotti, an individual who proposed to operate an all ages dance club at Fitz's. During the meeting, City staff informed Mr. Leotti that an all age's dance club is not authorized by Conditional Use Permit 98-29 (or) the Live Entertainment Permit under which the restaurant at 14131 Red Hill Avenue operates and is not permitted at that location. June 9, 2005 • City staff sent a letter to Mr. Leotti, reiterating that an all age's dance club is not authorized at 14131 Red Hill Avenue (Exhibit 2). September 27, 2005 • City staff received a complaint about possible prostitution, urinating in public and drinking alcohol in the parking lot around 14131 Red Hill Avenue on Friday and Saturday nights. Brad Steen, Code Enforcement Officer inspected Fitz's Pub & Lounge at 14131 Red Hill Avenue and noticed a white eight and half by eleven sheet of paper taped to the front door, which was located on the south side of the building. The sheet of paper stated Fitz's business hours: (M - F) Open at 3pm, (Sat. -Sun.) Open at 12pm. Brad Steen proceeded to walk into the building and noticed a poster to the left of the entrance, which stated "Club Fitz -Friday 9pm -tam". No customers were inside; only one male employee. Brad Steen walked into each of the three separate rooms within the building and the appeared to be in compliance, except 80% of the premises were not set-up for serving meals to the public. C.E. Investigative Report V05-0368 & V08-0298 August 28, 2008 Page 2 September 28,. 2005 • Brad Steen re-inspected Fitz's Pub and Lounge at 14131 Red Hill Avenue and obtained photographs of an eight and a half by eleven inch sheet a white paper within the outside message board, next to the front door advertising "Club Fitz - every Friday Night at 9pm" and of the business hours, which were posted on the front door, on an eight and a half by eleven inch sheet of white paper. September 29, 2005 • City staff searched the Internet and observed that Fitz's Pub and Lounge was advertising an "Awesome club every Friday night from 9pm -tam" (Exhibit 3). • Tustin Police Department's Special Investigations Division was informed of the recent citizen complaint and City staff's observations about possible club activity. Special Investigations to follow-up with undercover investigations. October 14, 2005 • Several Police Officers' with the Tustin Police Department's Special Investigations Division, two Alcohol and Beverage Control (ABC) Investigators, and a Probation Officer did an undercover investigation at Fitz's Pub and Lounge. Several conditional use permit (CUP) violations were observed (See Report # 05-7880 for the list of CUP violations) (Exhibit 4). February 17, 2006 • Community Development Director Elizabeth Binsack, Police Sergeant/Special Investigation's Supervisor Paul Garaven and Brad Steen met with Mr. Fitzgerald to discuss the recently observed CUP violations and the numerous Tustin Police Department calls for service. During the meeting, Mr. Fitzgerald stated that he and his wife are both uncomfortable being inside his business and rated it as a C grade at best. Mr. Fitzgerald was given a letter at the meeting, giving him until March 3, 2006, in which to submit a corrective action plan to the Community Development Department in response to the CUP violations (Exhibit 5). March 3, 2006 • A letter, describing a corrective action plan Mr. Fitzgerald planned to implement to correct the CUP violations, was received by City Staff (Exhibit 6). March 17, 2006 • City staff received afollow-up letter from Mr. Fitzgerald, which included additional photographs and comments to his corrective action plan, dated March 3, 2006 (Exhibit 7). March 30, 2006 • A letter was mailed to Mr. Fitzgerald, responding to Mr. Fitzgerald's proposed corrective action plan (Exhibit 8). April 28, 2006 • Elizabeth Binsack received an a-mail, which included a letter from Attorney Floyd Farano, with the law firm of Farano and Kieviet. Mr. Farano represents Mr. Fitzgerald and requested to meet with Elizabeth Binsack and any other City staff to resolve any outstanding issues with Fitz's CUP violations on or around May 1, 2006. (Exhibit 9). C.E. Investigative Report V05-0368 & VOS-0298 August 28, 2008 Page 3 May 1, 2006 • Elizabeth Binsack received an a-mail from Mr. Farano, requesting again to meet with City staff to resolve Fitz's CUP violations (Exhibit 10). May 3, 2006 • Elizabeth Binsack received an a-mail from Mr. Farano at 10:26am, requesting to meet with City staff to resolve Fitz's CUP violations (Exhibit 11). • City staff then received a fax from Mr. Farano at 9:11 pm, which included all of his e-mails dated April 28, 2006, May 1, 2006, his a-mail earlier in the morning at 10:26am to Elizabeth Binsack and his letter which was included in his a-mail dated April 28, 2006 (Exhibit 12). May 4, 2006 • Elizabeth Binsack received a fax from Mr. Farano at 11:13am, which included a letter, requesting to meet with City staff to resolve Fitz's CUP violations and further included all of his a-mails to Elizabeth Binsack, dated April 28, 2006, May 1, 2006, May 3, 2006, and his letter via a-mail on April 28, 2006. (Exhibit 13). May 30, 2006 • City staff and the City Attorney had an in-house meeting regarding Fitz's Pub & Lounge. Elizabeth Binsack, two Tustin Police Officer's and Brad Steen met with Mr. Farano, property owner Larry Smith and prospective new business owner Matthew Huston to discuss the recent CUP violations at Fitz's. Mr. Ferrano requested that the City of Tustin not pursue the revocation of the CUP, but to give Mr. Huston an opportunity to prove himself. Elizabeth explained that City staff involved with this case will total up all hours spent, as to re-coop all of its money in the investigation of Fitz's. A letter was sent to Mr. Huston from Scott Reekstin, Senior Planner/Business License Supervisor, acknowledging receipt of the business license application for Roderick's. The letter also advised Mr. Huston that a live entertainment permit is required for the presentation of live music, dance, comedy, etc. and further informed him that a conditional use permit is currently active and valid at 14131 Red Hill Avenue and a copy of Resolution No. 99-29 was enclosed with the letter for his reference (Exhibit 14). September 18, 2006 • Letter mailed by first class mail to Mr. Smith and Mr. Fitzgerald for time spent on recent CUP violations at Fitz's, totaling $8,346.09 (Exhibit 15). November 1, 2006 • Letter sent to Mr. Fitzgerald and Mr. Smith, informing them that payment of City costs in the investigation of Fitz's CUP violations has not been paid and further states that the City intends to schedule revocation of CUP 98-029 (Exhibit 16). November 20, 2006 • Elizabeth Binsack received a letter from Mr. Farano, stating that he no longer represents Mr. Fitzgerald, but still represents Mr. Smith. A request for all City records was requested by Mr. Farano within at least ten days prior to the hearing regarding the revocation of the CUP (Exhibit 17). C.E. Investigative Report V05-0368 & VOS-0298 August 28, 2008 Page 4 November 27, 2006 • City staff received a letter from Mr. Fitzgerald, dated November 18, 2006, addressed to the Mayor of Tustin, requesting that the CUP not be revoked (Exhibit 18). December 4, 2006 • City staff received an audited break down of the gross sales of food and alcohol from Mr. Huston from October 16, 2006 -November 29, 2006 (Exhibit 19). December 5, 2006 • Brad Steen inspected Fitz's Pub and Lounge for compliance with CUP 98-029 and observed that there was no "No Loitering" sign to the front of the business as required by the CUP and further observed a banner displayed along Red Hill Avenue without a temporary sign permit. Brad Steen spoke Mr. Huston and explained that he needed to install a no loitering sign to the front of the business per CUP 98-029 and obtain a temporary sign permit for the banner or remove it. A temporary sign permit application was left with Mr. Huston. January 8, 2007 • Brad Steen re-inspected Roderick's and a "no loitering" sign has been installed to the front of the building and a temporary sign permit was issued on December 27, 2006 for the business banner. February 5, 2007 • City staff received a settlement agreement between Mr. Smith and the City of Tustin in the amount of $4,200.00 for Code Enforcement costs associated with CUP violations at Fitz's. Case (V05-0368) was closed at this time. May 7, 2007 • Several Tustin Police Officer's with the Special Investigations Division drove through the parking lot at 14131 Red Hill Avenue and observed approximately fifteen to twenty people hanging out in the parking lot, playing extremely loud music, with trash strewn around the parking lot (See Report # 08-3207 for further) (Exhibit 20). April 7, 2008 • Elizabeth Binsack received information that Roderick's was promoting a club named "Levels Lounge" every Friday night from 9pm to tam by "1 Mo Drank Productions". City staff researched "1 Mo Drank Productions" on the Internet and the website referred individuals to a MySpace account at www.myspace.com/alikemp52.com . City staff could not access the MySpace account, so the Tustin Police Department, who have an account with MySpace were able to access www.myspace.com/alikemp52.com (113050293). Within the listed MySpace account, City staff observed flyers for "Levels Lounge" and `The Homie Konch's B-Day Bash" were observed displayed and were referencing Roderick's as the location of the events (Exhibit 21 ). April 8, 2008 • Elizabeth Binsack, Lieutenant and South Area Commander Charlie Celano, four Tustin Police Officers with the Special Investigations Division and Brad Steen had a meeting regarding Levels Lounge. The Tustin Police Department's Special Investigations Division indicated that they would soon be conducting undercover investigations at Roderick's. C.E. Investigative Report V05-0368 & V08-0298 August 28, 2008 Page 5 April 11, 2008 • The Tustin Police Department's Special Investigations Division conducted an undercover surveillance at 14131 Red Hill Avenue, where numerous conditional use permit violations were observed (See case # 08-2783 for further) (Exhibit 22). April 25, 2008 • The Tustin Police Department's Special Investigations Division conducted an undercover surveillance at 14131 Red Hill Avenue, where numerous conditional use permit violations were observed (See case # 08-3207 for further) (Exhibit 23). May 14, 2008 • Five day letter sent to Mr. Huston by first class mail, requesting audited financial statements separately identifying gross sales of food and alcohol from January 1, 2008 -May 1, 2008 (Exhibit 24). A copy of the letter was also hand delivered to Mr. Huston by Brad Steen. Mr. Huston stated that he would have the audited statements by May 20, 2008. May 20, 2008 • Brad Steen received a phone call from Mr. Huston, stating that his accountant was not able to complete the audited gross food and alcohol sales statements today, but assured Brad Steen that he would submit the statement by no later than May 23, 2008. May 22, 2008 • City staff received an audited financial statement from Mr. Huston, dated May 21, 2008, for gross food and alcohol sales from May 1, 2007 --May 1, 2008 (Exhibit 25). June 9, 2008 • Five day letter sent to Mr. Huston by first class mail, requesting audited financial statements separately identifying gross sales of food and alcohol from January 1, 2008 -May 1, 2008 (Exhibit 26). A copy of the five day letter was also placed within the front door jam of Roderick's, attention Matthew Huston. June 17, 2008 • Brad Steen received a phone message from Mr. Huston, stating that on June 11, 2008, he received the letter dated June 9, 2008 and currently has his CPA working on the numbers. Mr. Huston stated that he hoped to have the audited statement to City staff that day or the next day, but would definitely have it to City staff by the end of that week. June 25, 2008 • City staff received an audited statement for gross sales of food and alcohol from January 1, 2008 -May 1, 2008 from Mr. Huston, dated June 24, 2008 (Exhibit 27). August 8, 2008 • The Tustin Police Department's Special Investigations Division conducted an undercover surveillance at 14131 Red Hill Avenue, where numerous conditional use permit violations were observed (See case # 08-5805 for further) (Exhibit 28). C.E. Investigative Report V05-0368 & V08-0298 August 28, 2008 Page 6 August 27, 2008 • Brad Steen inspected 14131 Red Hill Avenue and obtained photographs of the exterior of the building. During the inspection, Brad observed two message boards; one to either side of the front door, located on the south side of the property. The message board to the west side of the front door contained Roderick's menu and their entertainment schedule for Monday through Sunday. Friday night stated DJ Entertainment, $10.00 cover, with hours 10pm -close. Every other Saturday was labeled as "Seduction Night". Within the patio area, adjacent to the front door were several large ceramic pots with small trees. Within one of the ceramic pots were approximately ten VIP Pass business cards advertising "Seduction Saturday's" at Roderick's with four different MySpace accounts on the back of the business card (Exhibit 29). • Brad Steen attempted to view each of the four MySpace accounts listed, but was only able to find Roderick's advertisements on myspace/glamorous_entertainment (187841830) (See Dance Wars listed on page # 3) (Exhibit 30). • The glamorous entertainment site directed me to a Dance Wars advertisement at 14131 Red Hill Avenue, dated June 14, 2008 (Exhibit 31). Within the Dance Wars site, two Seduction advertisements at 14131 Red Hill Avenue were also displayed (Exhibit 31 ). • Brad Steen reviewed the Tustin Police Department information report, dated August 8, 2008 (Case # 08-5805), attached hereto as Exhibit 28, where a promotional post card listed as "The Summer Fling" at 14131 Red Hill Avenue was attached to the report. The post card referred individuals to myspace/royal_empire_ent for additional information. Brad Steen researched myspace/royal_empire_ent, which directed him to several sites, including site (44325528), where Steppin Up/Steppin Out at 14131 Red Hill Avenue was advertised, dated July 5, 2008 (see page # 5) (Exhibit 32). • Brad Steen then checked the Orange County Register website for dining establishments in Tustin and Roderick's was identified. Brad Steen reviewed the Roderick's information and Friday and Saturday nights were labeled as DJ and dancing and the business hours were identified as Friday and Saturdays 11 am - 2am (Exhibit 33). Reporting Officer: Brad Steen Phone Number: (714) 573-3135 Exhibits Listed: Letter to Mr. Fitzgerald, dated May 31, 2005, informing him that an all ages' dance club is not permitted at 14131 Red Hill Avenue. 2 Letter to Mr. Leotti, dated June 9, 2005, informing him that an all ages' dance club is not permitted at 14131 Red Hill Avenue. 3 Club advertisement observed online for Fitz's Pub and Lounge, dated September 29, 2005 4 Tustin Police Department information report conducted on October 14, 2005 (Case # 05-7880) 5 Letter to Mr. Fitzgerald, dated February 17, 2006, requesting a corrective action plan to the recent CUP violations. C.E. Investigative Report V05-0368 & V08-0298 August 28, 2008 Page 7 6 A letter from Mr. Fitzgerald, dated March 3, 2006, describing the corrective measures he plans to implement. 7 Follow-up letter from Mr. Fitzgerald, dated March 17, 2006, including additional photos and comments to his corrective action plan on March 3, 2006. 8 Letter to Mr. Fitzgerald, dated March 30, 2006, responding to Mr. Fitzgerald's corrective action plan. 9 E-mail from Mr. Farano to Elizabeth Binsack, dated April 28, 2006, which included a letter, requesting a meeting with City staff to resolve the recent CUP violations at Fitz's Pub and Lounge. 10 E-mail from Mr. Farano to Elizabeth Binsack, dated May 1, 2006, requesting a meeting with City staff to resolve the recent CUP violations at Fitz's Pub and Lounge. 11 E-mail from Mr. Farano to Elizabeth Binsack, dated May 3, 2006 at 10:26am, requesting a meeting with City staff to resolve the recent CUP violations at Fitz's Pub and Lounge. 12 Fax sent from Mr. Farano to Elizabeth Binsack on May 3, 2006 at 9:11 pm, which included his a-mails to Elizabeth Binsack on April 28, 2006, May 1, 2006, his a-mail earlier on May 3, 2006 at 10:26am and the letter which was attached in the April 28, 2006 a-mail. 13 Fax sent from Mr. Farano to Elizabeth Binsack on May 4, 2006 at 11:13am, which included a letter, requesting to meet with City staff to resolve Fitz's CUP violations and further included all of his a-mails to Elizabeth Binsack, dated April 28, 2006, May 1, 2006, May 3, 2006 and his letter via a-mail on April 28, 2006. 14 Letter sent to Mr. Huston from Scott Reekstin, dated July 21, 2006, acknowledging receipt of the business license application. The letter further advised Mr. Huston that a live entertainment permit is required for the presentation of live music, dance, comedy, etc. and that a conditional use permit is currently active and valid at 14131 Red Hill Avenue and a copy of Resolution No. 99-29 was enclosed with the letter for his reference. 15 Letter sent to Mr. Smith and Mr. Fitzgerald, dated September 18, 2006, showing the breakdown of City staff time. involved with investigating Fitz's Pub and Lounge CUP violations, totaling $8,346.09. 16 Letter sent to Mr. Fitzgerald and Mr. Smith, dated November 1, 2006, advising that the City intends to schedule revocation of CUP 98-029. 17 Letter from Mr. Farano to Elizabeth Binsack, dated November 20, 2006, requesting all City records within at least ten days prior to the hearing regarding the revocation of the CUP. 18 Letter by Mr. Fitzgerald to the Mayor of Tustin, dated November 18, 2006, requesting that the CUP not be revoked. C.E. Investigative Report V05-0368 & V08-0298 August 28, 2008 Page 8 19 Audited financial report submitted to City staff from Mr. Huston, dated December 4, 2006, showing the gross sales of food and alcohol at 14131 Red Hill Avenue from October 16, 2006 -November 29, 2006. 20 Tustin Police Department information report conducted on May 7, 2007 (Case # 08-3207) 21 "Levels Lounge" and "The Homie Konch's B-Day Bash" online advertisements observed by City staff on April 7, 2008 for events at 14131 Red Hill Avenue. (Internet pages 1 & 5 -19 omitted "No bearing on case") 22 Tustin Police Department information report conducted on April 11, 2008 (Case # 08-2783) 23 Tustin Police Department information report conducted on April 25, 2008 (Case # 08-3207) 24 Letter sent to Mr. Huston, dated May 14, 2008, requesting audited financial statements separately identifying gross sales of food and alcohol from January 1, 2008 -May 1, 2008. 25 Audited financial report submitted to City staff from Mr. Huston, dated May 21, 2008, showing the gross sales of food and alcohol at 14131 Red Hill Avenue from May 1, 2007 -May 1, 2008. 26 Letter sent to Mr. Huston, dated June 9, 2008, clarifying a request for audited financial statements separately identifying gross sales of food and alcohol at 14131 Red Hill Avenue from January 1, 2008 -May 1, 2008. 27 Audited financial report submitted to City staff from Mr. Huston, dated June 24, 2008, showing the gross sales of food and alcohol at 14131 Red Hill Avenue from January 1, 2008 -May 1, 2008. 28 Tustin Police Department information report conducted on August 8, 2008 (Case # 08-5805) 29 Business card advertising "Seduction Saturday's" at 14131 Red Hill Avenue. 30 Information listed on myspace/glamorous_entertainment (187841830) site. 31 Dance Wars advertisement at 14131 Red Hill Avenue, dated June 14, 2008 and two Seduction advertisements at 14131 Red Hill Avenue. (Internet pages 1, 2 & 4 -11 omitted "No bearing on case") 32 Information listed on site (44325528), where Steppin Up/Steppin Out at 14131 Red Hill Avenue was advertised, dated July 5, 2008 (Internet pages 1 - 4 & 6 -13 omitted "No bearing on case") 33 Orange County Register dining information for 14131 Red Hill Avenue. (Internet page 2 omitted "No bearing on case") 34 Resolution No. 99-29, which approved CUP 98-029 35 a) Live Entertainment Permit, issued on December 5, 2006 for Roderick's. C.E. Investigative Report V05-0368 & V08-0298 August 28, 2008 Page 9 b) Live Entertainment Permit, issued on May 25, 1999 for Bourbon Street Restaurant c) Live Entertainment Permit, issued on July 7, 2003 for Big Andy's Bourbon Street Experience (Conditions Missing) 36 Business license information for 14131 Red Hill Avenue 37 Property owner profile with parcel map 38 Case photographs on September 28, 2005, December 5, 2006, January 8, 2007, June 9, 2008 & August 27, 2008. Exhibit '~ ~ornmunity Development Department pity of ~fustin May 31, 2005 300 Centennial Way Tustin, CA 92780 714.573.3100 Gregory Fitzgerald 14131 Red Hill Avenue Tustin, CA 92780 SUBJECT: USE OF RESTAURANT AT 14131 RED HILL AVENUE Dear Mr. Fitrgerald: Recently, the City of Tustin became aware that an all ages dance club is proposed to locate at 14131 Red Hill Avenue, beginning June 22, 2005, and continuing though the summer every Wednesday evening. Please be advised that such an activity is not authorized by Conditional Use Permit 98-029 and the Live Entertainment Permit under which your business operates and is not permitted at 14131 Red Hill Avenue. Pursuant to Conditional Use Permit (CUP) 98-029, Condition 2.14, the entire facility (at 14131 Red Hill Avenue), which includes all three (3) levels, shall operate exclusively as a restaurant. During business hours,. at least 80 percent of the premises shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. In addition, Condition 2.4 states that closing hours shall be 11:00 p.m. Sunday through Thursday. Please be advised that if a dance club were to operate at your place of business without obtaining approval from the City, revocation proceedings for CUP 98-029 and your Live Entertainment Pemnit may be initiated. Furthermore,- you have not maintained a current business license with the City and are therefore in violation of your Live Entertainment Permit. If you have any questions regarding this matter please contact Senior Planner Scott Reekstin at (714) 573-3016. Sincere , Elizabeth A. Binsack Director of Community Development cc: Scott Leolli,1838 Calle Belleza, Rowland Heights, CA 91748 Lois Jeffrey, City Attorney Scott Jordan, Chief of Police Justina Willkom, Senior Planner Scott Reekstin, Senior Planner Code Enforcement, Business License S:1Cdd~ScolflBusinesslBourbon Street Flues May 2005 Letter.doc Gregory Fitrgerald May 31, 2005 Page 2 bcc: William A. Huston Paul Garaven Exhibit ,~- t:ornmunity Development Department ~it~/ O~ ~l~S~lil June 9, 2005 300 Centennial Way Tustin, CA 92780 SCOtt Leotti 714.573.3100 1838 Calle Belleza Rowland Heights, CA 91748 SUBJECT: USE OF RESTAURANT AT 14131 RED HILL AVENUE Dear Mr. Leotti: Thank you for meeting with us on June 6, 2005, to discuss the proposed all ages dance club at 14131 Red Hill Avenue. As we discussed at the meeting, the proposed Wednesday night club is not authorized by the Conditional Use Permit and the live Entertainment Permit under which the restaurant business at 14131 Red Hill Avenue operates and is nat permitted at that location. Specifically, the following proposed activities would be inconsistent with the approved Conditional Use Permit and Live Entertainment Permit: • Operation of any use other than a restaurant and the activities that you described at our meeting. • Closing hours later than 11:00 p.m. on a weeknight. • Concentrated assembly occupancy of the restaurant. • Lsck of full service of food menu items during all business hours. • Less than 80 percent of the premises used for the service of meals to the public. Furthermore, if the dance club were to operate at 14131 Red Hill Avenue without obtaining approval from the City, the conditional use permit and live entertainment permit would be jeopardized and revocation proceedings could be initiated. If you have any questions regarding this matter please contact Senior Planner Scott Reekstin at (714) 573-3016. Sincerely, E izabeth~~"dc Director of Community Development cc: Gregory Fitzgerald, 14131 Red Hill Avenue, Tustin, CA 92780 Lois Jeffrey, City Attorney Scott Jordan, Chief of Police Justina Willkom, Senior Planner Scott Reekstin, Senior Planner Code Enforcement, Business License Scott Leotti June 9, 2005 Page 2 bcc: William A. Huston Paul Garaven Exhibit t,nernnoz liming limCle -- United_atates/(:A/'1'ustin/Fitz's Pub & Lounge Page 1 of 3 part of the open directory project new search ~ email chefrnoz (add restaurant ~ become an editor ~ BAR/PUB/ BREWERY IRISH Description Tod: United States: CA: Tusti F 1'fZ'S Pub & Irish neighborhood pub, with main bar w/ bandstand and nightly live entertainment, TV (sports themed); "gameroom" downstairs (bar, pool, Lounge shufflboard); upstairs "lounge". Televisions abound. Outdoor smoking patio. Weekly karaoke. 14131 Redhill Avenue Located next to Stater Brothers supermarket. (Nisson/5 Fwy) - ~R Tustin, CA 92780 714.665.2709 Hours Sun-Thu 3pm-12am Fri-Sat 12pm-12am Reviews Web Information review ' add a link v~e1Li na¢e menu reservations Show 10 120 ~ 30 ~ 50 reviews on each page add /change info Friendly place Food ~[~C~IC~Ic$C I stopped in to check this place out and sat down in the bar area. Bigscreen plasma Servke fC-~C{rtfC~[ 98me ery attenthre (and attractive) bartender, a few regulars watching the football Ambiance ~[~[~-~[~C Overall ~-~[~c~r{x I ordered "Irish Nachos", which are large French Fries with cheese, the regular flxins, and ranch dressing, and thankfully I got a half order. it was plenty of food for one person, and delicious. Washed it down with cold Newcastle on draught. Service was prompt, and the appetizer with two Newcastles cost less than $10 - I Features considered this very good value. English language menu private room There is a downstairs gameroom that was quite busy -the "regular" bar was quiet - any private parties though I didn't actually look at the upstairs "lounge", the blue-ish velvet curtains had a "seventyes" look to it. offsite catering dancing Previous incarnations of this establishment allowed smoking inside in spite of the law television against it, but thankfully Fitz's doesn't seem to. There is a smoking area outside that entertainment /live seemed to be honored. [13 Sep 2004 16:32:23] music Food: ~{~~~~ Service: '~~'~~~ Ambiance: ~~~~~ ~~~~ Overall: ~ Recommended Dishes: Irish nachos Accepts sll Tustin, California httn_//chefmn~_~r~/iTnited 4tatec/(:A/Tnctin/Fit~%,~7e P„h o/~~ r,,,,.,,.e~nncn~»~~L~ .,.,,....,,.,.,._ ~,nerivioz liming ~utae -- umtPa Mates/t,A/'l ustiNl~'itz's Pub & Lounge cash Visa MasterCard/Eurocard Smoking not permitted Dress casual Alcohol full bar Parking own parking lot Handicapped Access partially accessible Main bar area accessible: downstairs "gameroom" and upstairs "lounge" not accessible. Page 2 of 3 Awesome club every Friday night The DJ is there every Friday night from 9 PM to 2 AM and plays hiphop, R&B, and eve some house music. Friendly crowd, great food and drink specials, piasrna tvs for sport" 3 rooms and 3 bars, 4 pool tables, shuffleboard, good prices, jukebox. Most of the bartenders are attractive 21-30 yr. oid females. Dancing every Friday night with no cover charge. Great place to eat, drink, watch sports, and hang out. [15 Apr 2005 20:13:58] Food: ~"~'~~'~ Service: '~~"~'~'~ ~~~~ Recommended Dishes: Caesar chicken salad Ambiance: '~~~~~ Overall: ~ Review Fitz's Pub S Lounge in United_States/CA/Tustin Recommended Dishes Ratings OVArall~ Pick ~ Food pick one one pick one Reviewer Information ~" show my name (or nickname) with my review Name }ltttl'//chefmn~_nra/f Tniterl StAtP.S/C`A/T„etin/F;t~/~?~ A„}, 0/7~ T ,.,,,,,.e~nncn~~ ~~~ L. nn~.,.,~.,,,,.~ Headline t;nerMOZ t~uung tiulde -- United States/CA/'fustin/Fitz's Pub & Lounge Page 3 of 3 r show my a-mail address with my review E-mail ~- Please provide a working email address so we can reach you if something in your review isn't clear. Reviews submitted without e- mail addresses will usually not be accepted. Your email will not be used for any other purpose (unless you ask that it be shown with your review -then we'll show it with your review; too). We will never send you unsolicited email, or sell your name to anyone, under any circumstances. f show my organization (or hometown) with my review Organization ~- submit my review to ~ f Please note: this form does not send a message to the restaurant, it submits a review to the ChefMoz dining guide. required field Editors: Copyright ®1999-2003 Netscape. -Last updated 23 Apr 2005 21:36:46 EDT - dom. htt'n'//chefmn~ nro/I initPr~ Qtatec/l` A /Tnctin/F;tvo/ 77~ R,L, o/ ~~ r ,,,,,,,.e ~ nncn~ ~ ~ ~ ~ L. nn a,.r in.... 4 f~~ ~• L y« ~` n No susr~~u~o r O NO;RgOBECNTgND~81Rl0 o iNsuriAi+cQ ~sPD~T ^ COURTEiY REPORT ^ DOMEBTICIVIOLiN6E D 91AA< M071VATeD n enYdleSRYT1~1 IIF']C CNeYE~ TUSTIN POLICE DEPARTMENT ~, , 300 CENTENNIAL WAY TUSTIN, CA 92780 CRIAAE/INCIDENT REPORT A D ACTNE 1 cw - 30SUSPENDED RD RECORDS KD COUgTESY ~ 6 REFEA OTHEq ^ FEL. D MISD, e CooeeECtioi+ 7 cRe11E~1c~ExrTVrE a PRewwY.caHVrs o s+-coNO~+mco a (~ \~ 1 utrr 1o arnER.coUr~rre 11 or~.c~Hra ~~~~ W t2 BPECE9C LbCATION Of CRIME 1s ,1 DATE O , 1a AY ,e .~ 17 PIRM NAM! Ir baatlon) a DATE RPT'D to TeUE R x0 ~ Z1 OATE ~?Z' DAY r.., ~ xa TIME ' z, NAMI' tom. Pe1sr,111DDL.EI z6 OCCUPATION xe nae. ~ 8EJ( 0 RACF O / W!{~ O, w 0 1 IND O a CHI ^ 21~+ O 3 BLK O e JMM ^ i Hl O 1 P O e P.18L ^ G VIET 0 10 DtH 2D REeE1ENCE AOORE9B a0 CRV ~ - STATE ZM CODQ a1 REB. PHONE ~ c r . ax Hf: ao euea+Eea ADDREaE a. city aLt7E zw coaE ae else PHONE e c r a wr. a7 CODE as ~hIAME (LAeT, PIR6T, MtlODLE) ~ 3Y OCCUPIIff10N 10 0.0.x. I1 BE1( Ix RACE 'O 1 O t M.~ O t e1D O O 4 HIBP O a BlX O i P O,eP.IaL OVIET O e.W!rl O 7 FlC ^te CTN N P,la1DffNCE ADOREai M CrtY 87A7E .. Z1P CODE 4 REa. ( ~ ~: p euaelESe , Ie C1TY BfATt ZIP coos PRONE AppRFaE e0 NT. t 61 CODE ax NAwE (LAST, RRBL MY)OLE) ~ ea ODCUPA7tON 61 aoa. ss 8EK 6e RACE ^ 1 WMT O 2 H>sP ^ 3 ellc O 1 M. O 1 Eel O 6 C1fi F ^ 6'.NPN O 7 FlL ~~ ^ i O" a P.feiL O e V1E7 O t0 OTH~i . a7 RE810ENCE ADORE96 ee CRY SL1TE ZIP CODE eo P.£a. Plp1~ ( ) e0 H7: °~~ eII pT~' zIP cooE ea eua. PHONE e1 w7: ~ coDE a NAME (IAST. Rfi6T, MIDDLE) e7 OCCURHION as noa eo 86% 7o RACE o i VIHT D 1 w D t eE) ^ 6 CHI ^ x HIBP ^ s etx ^ 6 JAPN - ~ ~ d 1 f ~ O e P,IeL. ^ p yIET D.7 FR. O 10 OTH 71 REaIOENCE ADOREBB ~ T4 Cl7Y ~ ~ ST71TE ZIP COOS 7i RFS PHONE T_TT ( r 71 Hr: 7a e1t8eE?aa >e a1'1' eTR-E ZIP OOOE. neuE PHONE ADDREBE ~ . . ~ WT: ( ) n L1cENea ~ eo ewE e1 vEAR a woDEi ~, ~~~ x o /~oR ~ I o PNJ e D vAN e o s.DR aD coNV aoTnxx 7D arw , o Rv , o 0 o7HER O u~c Sy2 °6 C01-OR^D01'0R s n DlePOemoN oP vaicxe J e, ^ r11iERE la A•Wfl'f~88 ToTHE CR-Ir~ O 2 A 3U8PECT WA8 ARRESTED °e o , PRErrs ® ^ 2 TOCLB n ,:OFiDEii er:RVEti AT SCENE eY PI s ~ QI MOGFT W~Q Y~~IQf1 •~y ~~~~w~~fw O 8 I~M1I4~ wIr11WIRi0 O 4 A BtJSPECf CAN BE LOCATED O 4 GH.A88 ~ 2 ENTgY MADE BY: Prr D 6 R~INi' O b A SUSPECT CAN BE DESCR a Nl11rfEDF PERSON SERVED: ~~ fJ O 6 A SUBPEC'f CAN BE IDENpFlEO ^ e sw.Er CASINO o 7 BULLET O 1 A SU8PECT VEHICLE CAN BE IDENTIRED O 0 RAPE KR 4. RESPONDENT SK3NgTURE; ^ a THERE 181DENTIFMI~I.E STOLEN PR~ERTY D >r SE-IEtd D p THERE 18 A SIL#~NFI@ANT IILO. ' " : A 10. B40QR. . . - O 10 8(GNIFlCANT PHYSICAL EVIDENCE fS PRESENT O 11 l ~ ~ _ _ CSI PERWRMED Sl~ ^ 1 t THERE 18 A MAJOR ttiJURY/SDC CRS INVOLVED O 12 HAIR . o to REARMS NAME a w O 12 THERE 18 A QOOD P058181UTY C!R A BCILUTION O 14 PHOTOpRAAHB ^ YJ FURTHER INVEBTIpATION NEEDED O 16 OTHER (DESCRIBE) O 14 CRIME 18 QAN(>7 RELATED ~S~ O 15 HATE GRIME RELATED ~ TOTAL L069 /DOLLAR AMOUNT O 10 REPRODUCTR/E HEALTH CAUdE W SUPERVISOR Ai SCENE (RANK NAME i ~ NO.I M ROUTED BY D6 ENTERED BY Be DATE 97 FlEPORtiNO OPRCER! D NO. - ~ M GATE ~6e -... _.. 100 DA PD>r100 (REV tA63) ' ~ ADDITIONAL NAMES /LAW ENFORCEMENT PERSONNEL ONLY <, y A- ASSISTED AT SCENE C-CRIME SCENE INVESTIGATION F-ASSIGNED FOLLOW-UP OFFICER P- PERIMETER ASSIST W- WITNESS .~... r- PAGE __ 122 CODE t i24 RANK i25 AGENCY NAME TUSTIN POLICE DEPARTMENT t28 AGENCY ADOR ~ CITY STATE ZIP. 727727 AGN 300 CENTENNIAL WAY TUSTIN CA 92780 ~ 728 CAN TESTIFY TO: 729 CODE 1 I 737 RANK 132 AGENCY NAME C ~ TUSTIN POLICE DEPARTMENT 733 AGENCY ADDRESB CITY STATE ZIP AGE 300 CENTENNIAL WAY TUSTIN CA ~ 92780 T ESTIFY TO: 135 CA N .y y, . `~,.. 136 ODE 37 NAME LAST, FIRST INI 738 RANK 139 AGENCY NAME TUSTIN POLICE DEPARTMENT 140 AGENCY ADORESB ~ CITY ~ STATE Zip ~ 747 AGENCY 300 CENTENNIAL WAY TUSTIN CA 92780 742 CAN TEBTIfY TO: . 149 CIX1E t44 NAME LAST,f7R8TµHT 746 RANK 748 AGENCY NAME' TUSTIN POLICE DEPARTMENT 747 ACiE7dCY ADDRE88 ~ CRY STATE LP 748 AGENCY PtKX~ 300 CENTENNIAL WAY TUSTIN CA 92780 ~~~ t+e caN rE9TIfY To: ~ 750 t ~ 752 RANK - 753 AGENCY NAME TUSTIN POLICE DEPARTMENT 754 AGENCY ADDRESS CITY STATE ZIP ~ A p 300 CENTENNIAL WAY TUSTIN CA ~. ~ ~ 92780 156 CAN TEBTifV TO': 1 ~,... tS 7 CODE 7 1 758 RANK te0 AGENCY NAME . TUSTIN POLICE DEPARTMENT' te7 aaEnrcvaooR~ss cm stxxTE ZIP 7 Prro 300 CENTENNIAL WAY TUSTIN CA 92780 ~ ~ 183 CAN TESTIFY T0: V.J t84 CODE t 786 RANK 167 AGENCY NAME t8B RGENCY AODR - CITY STATE ZIP t70CAN TESTIFY 771 i 773 RAMC I . 774 AGENCY NAAE t E 179 NAME iLAST Ff 190 RAI~6C __. _. 161 AGENCY NAME 1 V 782 AGENCY A00 CRY STS Z~ 183 AQENCY PN011E 784 CAN TE87Tf1'TD: 7815 CODE 188 NA ~ 167 RM6C 188 AGB4CY NAME C O ~ tB9 ENCY AOORE33 CRY SWE ZIP 180 AGENCY PFgNE IZ t91 CAN TEST6YTO; 793 GATE 1794 APPfiCVED BYIgNO. 185 DATE TUSTIN POLICE DEPARTMENT INFORMATION REPORT CR #OS-7880 I received information from Tustin Code Enforcement reference Fitz's Pub & Lounge. Code Enforcement and Community Development expressed concerns that Fitz's was not following their conditions of approval and use restrictions on their conditional use permit (CUP). Code Enforcement had also received a call from a citizen on September 26`s, 2005 reference people urinating and drinking alcohol in the surrounding Fitz's pazking lot. The citizen was also concerned about prostitution that maybe occurring behind the Stater Brothers adjacent to Fitz's. On 10-13-05, I photographed the front of Fitz's. See attached. There was a message board next~to the front door depicting the following. A flier reading, "CLUB FTTZ EVERY FRIDAY NIGHT AT 9 PM." There were numerous photos next to this flier of people (approximately in their 20's) drinking alcohol. There was also a 5 %2" X 4" card displayed on this message boazd. This card had a photo of a female and read "Club Fitz, The O.G's Hottest New Night~Spot, 21 And Over, $5.00 after 9:OOpm, Saturday Nights, Dress to Impress." Detective ~~~ obtained one of these cards which were displayed for the taking inside of Fitz's. There was another message board next to the front door which read "Fitz's Event Schedule." This board also advertised ."Club Fitz's" along with football happy hours. On 10-14-05, Special Investigation and Gang Detectives, Alcohol and Beverage Control Investigators, and an Orange County Probation Officer conducted a surveillance at Fitz's. Detective ~~ and ABC Investigators and ~ went undercover into Fitz's at approximately 2100 hours. Sergeant ~, Detective ~ and ~~ and Probation OfI•icer surveilled Fitz's front door and surrounding parking lot. Detective and were in a marked police car at an off site location to assist us. Code enforcement expressed the following issues, and they were investigated as follows. • There should be no "all ages" dance club. I observed a male bouncer watching the front door. The bouncer checked most identifications entering the establishment, however I did see one female who appeared very young enter Fitz's without being carded. She walked by the bouncer who did not acknowledge her. ~ saw this female approach the bar and order a drink without being carded. We did not see this female leave Fitz's therefore we were unable to identify her true age. Later that evening I saw four females who appeared very young enter Fitz's: These girls were carded by the bouncer. ~~saw three of these girls served alcohol without being carded. When these girls left, Detective ~ and ~ attempted to stop their vehicle in order to identify them and establish their age however, the detectives could not find probable cause to stop them. These girls were not identified. The registered owner of this car came back to a 24 year old female in Yorba Linda. • There must be full service of food menu items during all business hours. Detective a~~~~~ asked to see a menu at 2230 hours. The bartender told~~ the kitchen was closed. ~ asked, "For everything?" She confirmed it was completely closed. Detective ~~ asked what tht best thing on the menu was, she told him the chicken strips were. About five minutes later, ABC Investigator ~ tried to order the chicken strips and the bartender told him the kitchen was closed. • 80% or more of the restaurant must be used for the service of meals. This must include table service, utensils and condiment dispensers on the tables. Detective did not see any utensils or condiments on the tables. • Shall not exceed 5 coin operated games, 2 pool tables, and 16 .bar seats. Detective said the coin operated games and pool tables were not in violation, however he saw approximately 45 bar stools. Closing hours are to be no later than 11 PM Sunday through Thursday, and no later than 12 AM Friday and Saturday, additionally, they are not to have promoters.. On,10-13-05, I called Fitz's and asked what time they close on Fridays. A female who answered the phone told me 2AM. I asked her if it was open for all ages: She told me patrons must be 21. -She then continued on to tell me their "big nights" are Saturday night because that is when the "promoter" comes. She told me they are open until 2AM on Saturdays also. On the evening of our surveillance (Friday, 10-14-OS) we observed the bar was still open at 12:30 AM. At 12:OOAM, the bouncer opened the iiont gate. leading into the front patio area and left the front door unattended for the remainder of our surveillance. • A no loitering sign shall be placed near the entrance on the outside of the premises. I did not see such a sign. • .There should be no litter present around the premises, and litter shall be picked up.two times a day during open hours. Throughout the course of the night, the bouncer was smoking and threw approximately twenty of his cigarettes into the parking lot. Most people smoking on the patio smoked directly next to the front door, then threw their cigarettes into the parking lot while the bouncer passively watched.. I did not see anybody picking up trash, and by the time we completed our surveillance I saw approximately 70 cigarette butts in the parking lot. • No alcohol outside of the establishment. Detective observed a male drinking amber liquid from a clear rocks glass. ~ believed it to be alcohol. The bouncer asked the male to bring the drink inside. The male walked over to_ the bench by the front door (still on the .outside patio), where he sat down and completed his drink. The bouncer did not ask him to bring the drink inside again. ABC Investigator ~~ drank a bottle of beer on the patio area in front of the bouncer. After approximately 2 minutes, the bouncer asked him to bring his drink inside. ~~ brought another beer onto the patio about an hour later. On this occasion, the bouncer quickly asked ~~ to bring the drink inside. We completed this surveillance at approximately 0030 hours. As earlier explained in this report, I was advised that Saturday nights at Fitz's was advertised by a promoter: On 11-OS-OS at approximately 2230 hours,.Sergeant~~ Detective ~Ijl~ Officery Officer and Officer returned to Fitz's to conduct a surveillance. and ~~ Gwent undercover into the bar. and were in a marked patrol car parked in a remote area. Sergeant was parked in an undercover vehicle on the West side of Fitz's, and I was parked in an undercover vehicle in front of Fitz's on the South side. told me the inside of Fitz's looked the same as it did during the surveillance. conducted on 10-13-05. There were no tables set for dining and no condiments present. attempted to order food from the bartender and was told the kitchen was closed. There was serve yourself hot plate area which offered free chicken wings, drumsticks, and rice. This area did not appeaz to be replenished throughout the evening. The parking lot and the bar was not very crowded, there were approximately 40 people in the baz that evening. All subjects at the bar appeared to be 21 years of age or over. ~~ spoke to the disk jockey,~~ and ~ wife. They told ~~ that~was the disk jockey there on Saturday nights, and advertised (promoted) Saturdays at Fitz's. They gave business card. On 10-13-05, ~~ took a 4"XS" card which was displayed for people to take. This card was sunilaz to the cazd on Fitz's message boazd next to the front door as described earlier in this report. This card was an advertisement for "Club Fitz" on Saturday nights. I observed approximately forty cigarette butts on the parking lot directly in front of Fitz's. I saw the bouncer throwa cigarette into the parking lot. I watched a female patron draw with chalk on the parking lot in front of Fitz's. At approximately 2330 hours, I watched two males walk to their car on the West side of Fitz's approximately 100 feet away from the apartment building "Casa Cortez." These two males were speaking at the top of their voices, almost yelling, for approximately 3 minutes. They then got into their car and drove off very rapidly in an unsafe manner through the parking lot. Throughout the evening I saw approximately~4 other vehicles driven by Fitz's patrons. These patrons were also driving throughout the parking lot in a fast and unsafe manner. I saw four people drinking what appeared to be alcohol in front of Fitz's in the railing enclosed patio area by the front door. I watched a male sharing a drink with a female. It was an amber liquid (possibly whiskey) in a tumbler glass with a thin small straw. After about ten minutes, the bouncer spoke to them and they went inside. I watched two females share and complete a full red drink (possibly vodka/cranberry) out of a tumbler glass with a small straw. They were on the patio with the drink for about ten minutes. The bouncer either did not see him, or ignored the drink. ~~ brought his bottled beer out onto, the patio and the bouncer asked him to go inside after about three minutes. I saw the bouncer speak to several other people with beverages as soon as they walked out on the patio, these people went inside immediately. At approximately 0100 hours, ~~called me and described a male that he felt was being over served alcohol. I observed this male on the patio and agreed that he appeared to be extremely intoxicated. He was stumbling, and it appeared as though he almost got into a fight with another patron on the patio. He was kissing a female and it appeared he was holding himself up by pulling her hair as he was kissing her. I video taped his male. The bouncer stayed on the patio area for a majority of the evening checking identifications. At approximately 0135 hours, the bartender and DJ called last call and the music stopped shortly after. We stayed on our surveillance until approximately 0210 hours. The front door was still open and people were.still in the bar and on the patio. ,There was still no sign of the bar employees asking anyone to leave. At approximately 0145 hours, I observed a suspicious subject parked in a truck next to the front door of Fitz's. I watched this subject go into Fitz's, and return to his truck. A male was standing next to this truck and drinking out of what appeared to be a can of beer. I video taped him with this beer. I asked ~ and to contact these subjects for an investigation. The suspicious subject drove away and ands contacted the driver and occupants of the truck. It was then discovered that these subjects came to Fitz's to buy cocaine. Cocaine was found in the truck and an arrest was made. See CR # OS-08466 for further details on this arrest. I booked the following into TPD evidence: 1. A photo disk of the front of Fitz's and its message boards 2. The D.J.'s ~ business card 3. The promotional "Club Fitz" card ~~ collected 4. The 8 mm audio/video tape of Fitz's patio and parking Iot area during the surveillance t I ran a computer check on calls for service at Fitz's for the past year. I attached these calls. Some of these calls included the following: • A "rowdy, gangster type" crowd congregating "invited by a promoter." Police were called to deter a fight from happening that evening. • Approximately two drunk driving arrests. • A request for the back door to be closed due to loud music. • A subject arrested who was trying to fight. • A subject arrested on a warrant. • Drinking in the parking lot. . • A subject arrested who was challenging other patrons to fight. • Vehicles screeching their tires and racing around the parking lot. • A hit and run. • Loitering in the parking lot. Contact TPD records for further information on these calls. PROPERTY REPORT TUSTIN POLICE DEPARTMENT~~ I~oRIG a suPP PAGE xrun~t wue:. -r-=riNUtri "D"=OWNER 'S':SUSPECT 1~'~VICTIM 'W~WITNESB SOURCE L AST, FIRST, MIDDLE (FIRM, IF BUSINESS) SOURCE LAST, FIRST, MIDDi.E (FIRM, IF HU3INESSj 15 _ + r 7 ti ~ ~ a ~ ~©&PO L RftiO„s' SK S ~KEEPINOi~~ ~ R=RECOVERED W O 1. SaST4 E _ ~ , ~.. - ~5 rr '. 1' ~ ~ • 1 ~"' `;~ ~1 ~ .. ~ SF,A"~1 t1NAFF~, ~ 1~~F~P " ~ ~ `~~ ~`'~:'~~'~ ~ ~ s r , ~ l ,` a ~ ~6 ~"y ~ af RI:COVa ~ ~ `r ~ d~ , a , . ._ +t4 ..= ~ a } ~ I 3 TYPE 4 OTY , A ~ 5 ARTICLE ~ ,1.0 ~..~ 8 BRAND t"~ 7 MODEL 8 SERIAL N010AN ND. / ~_ . 8 VALUE 10 COl (S) 11 DESCRIPTION 12 PREMISE! AREA /ROOM TAKEN FROM 13 SOURCE: 14 CURRENT LOCATION 15 ADDITIONAL NOTES /SIGNATURE FOR RELEASED 1~ ITEM ITEM to TYPE~+ 17 OTY 18 ARTICLE 18 BRAND 20 MODEL 21 SERIAL Np,/pAq 22 yA L U E ~ ~ j { ,s'~ 23 COIO S) 24 DESCRIPTION ( / Y ` ~~ ~ 11 ~ e l1 ~ `n 26 PREMISE /AREA /ROOM TAKEN FROM 26 SOURCE: 27 CURRENT LOCATION 28 ADDIT1pNA1. NOTE9 /S RE FOR RELEASED _ / 1 _ I ITEM 20 TYPES 30 OTY 31 ARTICLE 32 BRAND ~ ~ f-U n1 o T ~o r..~AL ~ MODEL ~ SERIAL NOJOAN 36 VALUE NO. ;/ ~ I , 38 COLOR(S) 37 DESCRIPTION V ~' ICJ C:+ tt-c~T~Ar ~~''~~-+T t~+TV 2f.~}~-t ~- G N r S ~ .- S Z - ~ r 38 PREMI E /AREA /ROOM TAKEN FROM 39 SOURCE 40 CURRENT LOCATION 4/ ADpIT1pNA1. NOTES /SIGNATURE FOR RELEASED I TEM ITEM 42 TYPE 43 OTY 44 ARTICLE. d ~ M 45 SRAND 48 MODE. 47 SERW. NOJOAN 48 V AL U E ( ~j { " 40 COLOR(S) 50 DESCRIPTION _ - nn V ~ ~ ,~L 1(~''- I 51 PREM SE /AREA /ROOM TAKEN FROM 52 SOURCE: b3 CURRENT LOCATION b4 NDTES /SIGNATURE FOR REt F~cen LTEf~I ~. ~ ~~ ~ ~~ ITEM 86 TYPE 55 OTY 67 ARTICLE 58 BRAND 58 MODEL 60 SERIAL. NOJOAN NO. . 81 VALUE B2 COLOR(S) 83 DESCRIPTION fi4 PREMISE / ARFJ1 / FIOOM TAKEN FROM ga SOURCE: 88 CURRENT LOCATION' 1!7 ApptT'IDNAL, ~g / g~~E FOR R6LEA8EO frEM ITEM ~ ~ T1' 70 1 B D 72 73 IAL NO. 7 VAl 7a ca.ol~(s) 7 e DESCRIPTION 77 PREMISE !AREA /ROOM TAKEN FROM 78 SOURCE 78 CURRENT LOCATION !m ADDITIONAL NOTES / SIGNATURE FOR RELEEASED ITEM ffEM B1 TYPE IL2 OTY 8 3 84 9RAND 88 kAODEL 88 SERIAL NOJOAN NO. 87 VALUE !!8 COLOR(S) 89 DESCRIPTLON 90 PREMISE /AREA /ROOM TAKEN FRCY 87 SOURCE !n CURRENT IOCATIDN 93 ADDRIONAL NOTES /SIGNATURE FOR REI.EASEp ITEM ~.. ~ / PROPERTY RELEASED BY APPOINTMENT ONLY: Please refer to the beck of your property recNpt for property release (nforrrlatian and (~ =FICE D NUMBER DATE SIGNATURE FOR RECEIPT 0 RECEIPT MAILED ^ REFUSED j~, .d PG OF 'D #107(REV. 4/02) Btua-Cwklane~ COPY NRdy-R4eord~ Copy Pink-Clua~n's Copy '~ :.... .~ ~. :. ~~' :: .,.. _. .. .~. ,. ~ JA 1j~ .?mil ~ y~t2 k,~7,.1-'l. ~,~t ', r - t F -. ~ j~F'~. ~ ~~. .~ ' r 5r'Ji' t„ ~~ F ~ <., ~ rJ - r ~'~~fl'~ Y ' i~r ~' ~: ~ /~ 1 li ~ 4' t t-"~ " ~t'n r 1tI ~ ~ ~ f d ~.wrq'~'i a i'~,~11{11~t~4.°~ i1' , ;_4y3 l ~ ~,j ~ F.tf~ 1 ~ L~P ~lt~* .t"r`fin +.Y r ' t7'n '_ ~ fi~ .~ `2! ~r ~ , ~ ~ _ ., . ~ r a `,~~' N+4 ~iyr`R~Y ~~' ~ ' '~ } ~ L~ .rl .J ~ y~ 'i.t?`c r ~ ~~ y~¢ ~ ~ r i` ~n?tk'r-b'~^ i ~r,."A`~C~'- i J ~~ ~ Y ~v/~" ~ ~ ~ ti~ ~ ' ~ ~ ~s. ~ ". ~ =T y' 4. M ~ '[ 'VT t~ . ~ . ~ i, e 1 y!~5 _ Y ' t + ~ W ~ r r r'. i .,~ r _ k 1 7k v ~ ~ r _ ~~, ~' ~ ~ri~ -.: 1 F __ ~ ~3 ~. ?(.h E' 7 . ~ ~ ~A~ ' . ~4 ; I ` } L ~~ ~ 1 ' . ~ ., y ti .7'a ~ ~J Y. {- F~ Y~ Sp 7 { i. P ~ !( t r `r ~ 1 ? r CTT 1 i . tiA ~ ,~ THU, ~O~T 27,, 2005, 1:12 PM CAD Address Inquiry Agency: P Address Exact: 14131 RED HILL AV Address Range: /. Date: / Type: Sel: Date Time Type NOI Dispo 1. 102205 2329 PC 4155 15 2. 102205 0203 TS TRAFFIC STOP 03 3. 101805 0945 INFO INFORMATION ONL COMP 4. 101205 1027 C6 OUT FOR INVEST COMP 5. 100905 2007 4158 PARTY/MUSTC•DIS OS 6. 1OD905 1545 VC VEHICLE CHECK COMP 7. 093005 0008 415FIG FIGHT DISTURBNC 01 8 : 092505 ~25,'Z,, 65:3.~~- ~ LQ~',~~II~`~~ ~ 01 9.,~ a•9~Ob~ 21x3 -390 DR~3NIfr IN~ PUBLTE O1 10. 082105 2305 PED PED CHSCK COMP 11 .' 082005 1543 TS TRAFFIC STOP' DW 12. 081705 1940 PED PED CHECK O1 THU, OCT 27, 2005, 1:12 PM Odd/Even: Count: 251 Page: l of 21 RC/DI DI/AS AS/CC Incident 16:24 00:38 19:02 5TU0050652 00:00 00:00 99:99 5TU0050502 ' 5TU0049714 00:00 00:00 13:40 STU0048736 24:29 01:50 03:08 5TU0048273 00:.00 00:00 07:30 5TU0048249 01:4], 03:06 99:99 5TU0046663 08:01 02:55 99:99.5TU0045848 00:30 02:52 99:99 STU0045129 00:00 00:00 03:04 5TU0039861 00:.00 00:00 05:32 STU0039629 00:00 00:00 17:3 6 5TU0039138 '. THU, OCT 27, 2005, 1:13 PM CAD Address Inquiry Agency: P Address Exact:, 14131. RED HILL AV Address Range: / Date: / Type: Sel. Date Time Type 1. 081305 1321 PED 2. 081305 0141 TS 3. 071605 1751 PED, 4. 071405 1927 505A 5. 070805 0108 415DV 6. 061905 0054 925C 7. 061805 2018 BS 8. 061605 1048 TS 9. 060405 0015 925C 10. 052805 0710 TS 11. 052605 0219 4'80 12. 052505 1813 TS NOI PED CHECK TRAFFIC STOP X2 RECKLESS DRIVIN DOMESTIC VIOLEN SUSP OCC VEH HIKE STOP TRAFFIC STOP ~~ TRAFFIC STOP ACCIDENT H/R IN TRAFFIC STOP Dispo COMP O1 05 05 COMP 06 COMP DC COMP DW 03 DC THU, OCT 2 7, 2 0 0 5, 1 :13 PM Odd/Even: Count: 251 Page: 2 of 21 RC/DI DI/AS AS/CC Incident 00:.00 00:00 07:22 5TU0.038269 00:00.00:00 99:99 STU0038208 00:00 00:00 34:25 5TU0033168 00:52 09:57 29:57 5TU0032843 00:00 00:00 02:34 5TU0031650 01:17 02:24 04:15 5TTJ0028555 00:00 00:0006:14 5TU0028509 00:00 OO:OU 24:01 5TU0028102 -00:00 00:00 02:16 5TU0026171 00:00.00:00 08:51 5TU0025029 02:07 03:10 39:56 5TU0024547 00:00 00:00 15:19 5TU0024488 ',• ' THU, ' OCT 2 7, 2 0 0 5, 1: 13 PM CAD Address Inquiry Agency: P Address Exact: 14131 RED HILL AV Address Range r / Date: / Type: Sel. Date Time Type NOI Dispo 1. 052505 0210 PC PATROL CHECK 01 2..052105 2321 PC PATROL CHECK COP 3. 052105 2303 PC PATROL CHECK COP 4. 052105 1056 459A BURGLARY ALARM CANCEL 5. 052105 0129 415FIG FIGHT DISTURBNC 06 6. 052105 0122 24042R ASSAULT/BATTERY DUP 8. 0~`t~0"5" ~61-~" 3 0 DRUNKC~INKPUBLIC 14MP 9. 051805 1411 928E CELL PHONT3 COMP . 10. '042805 1759 TS TRAFFIC STOP DC 11. 042205. 2327 4.15P.. , ,L¢UT~ SIC 05 12. 041905 2254 4t5~`TG FIGHT DISTURBNC 06 THU, OCT 2 7, 2 0 0 5, 1: 13 PM Odd/Even: Count : 251 Page : 3 of 21 RC/DI DI/AS AS/CC Incident. 04:04.03:06.99:9 9 5TU0024335 00;00 00:00 09:0 6 STU0023848 00:00 00,:00 04:4 9 5TU0023844 . 5'1'U0023752 00:32 01:38 99:9 9 5'TU0023711 • 5TU0023710 00:00 00:00 06:22 STU0023'614 00:17 03:03 24:16 5TU0023609 • 5TU0023231 00:00 00:.00 10:2 9 STU0019752 01:54 03:23 14:43 5TU0018838 00:33 02:11 06:17 5TU0018232 ~. THU., OCT 27, 2005, 1:13 PM w ~ CAD Address Inquiry Agency: P Address Exact: 14131 RED HILL AV Address Range: / Date: / Type: Sel. Date .Time Type 1. 040805 2246 925C 2. 040805 2149 BAR 3. 040705 1520 390 4. 0313051722 925C 5. 030505 1325 4155 6. 021505 2133 PC 7. 021505 0218 925C 8. 012105 2032 PED 9. 011805 0215 PED L0. 011205 0914 459A }l. 010805 0144 415E L2. 010205 1411 925C NOI BAR CHECK DRUNK IN PUBLIC ~~ SUBJ DISTURBANC PATROL CHECK SUSP OCC VEH PED CHECK PED CHECK BURGLARY ALARM PARTY/MUSIC DIS SUSP OCC VEH Dispo COMP COMP 01 15 06 COP O1 COMP COMP 10- 05 COMP THU, OCT 2 7, 2 0 0 5, 1:13 PM Odd/Even: Count: 251 Page: 4 of 21 RC/DI DI/AS AS/CC Incident 00:00 00:00 00:1 8 5TU0016394 00:00 00:00 09:4 2 5TU00163.77 00:00 00:00 99:9 9 5TU0016112 . 00:00 00:00 00:5 9 5TU0011983 00:25 03:38 05:1 7 5TU0010731 00:00 00:00 20:2 8 STU0007807 06:33 00:46 99:9 9 5TU0007660 00:00 00:00 11:2 9 5TLT0003494 00:00 00:00 04:33 STU0002798 01:21 04:02 05:5 0 5TU0001795 45:38 04:26 04:1 7 5TU0001172 00:00 00:.00 14:4 7 5TU0000241 I'HU, OCT 27, 2005, 1:13 PM . • -CAD Address Inquiry THU, OCT 27, 2 005, 1:13 PM ~genGy: P Address Exact: 14131 RED HILL AV Address Range: / Odd/Even: date: / Type: Sel : Count : 251 Page : 5 of 21 Dane Time -Type NOI Dispo RC/DI DI/AS AS/CC Incident 1. 010105 0112 PC PATROL CHECK 15 .00:00 00:00 02:47 5TU0 000024 2. 122904 2348 925C SUSP OCC VEH 06 00:.40 01:01 09:11 . 4TU0068911 3. 122304 2354 .415E PARTY/MUSIC DIS 06 00:48 04:17 05:05 4TU0068086 4. 121704 2329 PED PED CHECK OS 00:00 00:00 04:25 4'I'U0067010 5. 120404 0018 PC PATROL CHECK COMP 00:00 00:00 05:3 5 4TU0064719 6. 120104 .0757 INFO C6/WS COMP 4'I'U0064157 7. 112604 2026 CC CITIZEN CONTACT COP 00:00 00:00 07:2 9 4TU0063327 8. 112004 0212 488 PETTY THEFT 03 00:00 00:00 99:99 4TU0062125 9. 111704 2137 CS STAKEOUT COMP 00:00 00:00 1Or2 8 4TU0061698 0. 111004 18,26 WC WELFARE CHECK 05 19:42. 05:44. 14:2.2 4TU0060524 1. 111004 0100 4155 SUBJ DISTURBANC 06 00:59 02:20 07:44 4TU0060357 2. 110504 0023 415S SUBJ DISTURBANC 03 02:55 p3:46 99:99 4'1'U0059419 CIN01Q09 INCIDENT INQUIRY THU, OCT. 27,.2005, 1;27 PM FOR: 1041 page: 1 Recv: 102205 2329 Address: 14131 RED HILL AV ' Type: P/PC 4155 .Reference: FITZS PUB Beat: 3 Pol Dst: 303 Fir Dst: 303 Map Guide: 830C5 Census: Slty. ~ How Recv: PP Priority: 3 Di spo : 15 hh mm Time Stamps: Received: 23:29 . Dispatch: 23:46 Enroute: . At Scene: 23:46 Close: 00:05 Reporting Party's: ~ Address: Phone: hhhh mm ss hhhh mm ss :16:24 RC/AS: :.17:02 . DI/AS.; :00:38 • DI/CC: :19:40 :19:0.2 Comments: 0005/ CASE NUMBER = LI-05=00017567 (TU) 2329/X-ST = NISSON COMMON-NAME FITZS PUB 2329/ INCIDENT NUMBER: STU0050652 2329/ROWDY CROWD "GANGSTER 'TYPE" PER CP, KEEP CONGREGATING,.CP CONCERNED AS 2329/THIS IS NOT THEIR USUAL CROWD, INVLTED BY A PROMOTER TONIGHT, CP WOULD 2330/LIKE POLICE PRESENCE TO DETER 415 FROM HAPPENING 2349/DOING A BARCHECK ~~`~~ 2356/C4 0005/CLOSED DISPO CHECKED OKAY 0005/BIKE TEAM History: Unit/Empl Date Time Cmd Type 10/22 23:29:55 RC PC 660/1089 10/22 23:46:19 DC PC 670/1092 10/22 23:46:20 DC PC 680/1116 10/22 23:46:20 DC PC 690/1083 10/22 23:46:20 DC PC 660/1089 10/22 23:46:57 AC PC 670/1092 10/22 23:47:01 AC PC 680/1116 10/22 23:47:03 AC PC 690/1083 10/22 23:47:05 AC PC §7/677 10/22. 23:47:17 DC PC X60/'1089 10/22 23:50:07 Q0 PC 560/1089 10/22 23:50:07 SC PC 560/.1089 10/22 23:50:15 QN PC 560/1089 10/22 23:50:15 SC PC 37/677 10/22 23:50:56 AC PC 160/1089 ~ 10/22 23:59:47 SC PC 160/1089 10/23 00:05:59 CC PC 170/1092 10/23 00:05:59 CC PC >80/1116 10/23 00:05:59 CC PC >90/1083 10/23 00:05:59 CC PC 37/677 10/23 00:05:59 CC PC 10/23 00_:05:59 GC EOR- Location/Comments --------------- User 14131 RED HILL AV ____ 1106 1:413 ~. RED HILL AV 1121 14131 RED HILL AV 1121 14131 RED HILL AV 112 1 14131 RED HILL AV . 1121 14131 RED HILL AV 1121 14131 RED HILL AV 1121 14131 RED HILL AV. 1121 14131, RED FILL AV 1121 14131 RED HILL AV 1121 ~ ~ ~ 14131 RED HILL AV 1106 1106 14131 RED HILL AV ~ M 1106 14131 RBD HILL AV 1106 14131 RED HILL AV 1121 14131 RED HILL AV 1121 14131-RED HILL AV 1121 14131 RED HILL AV 1121. 1121 14131 RED HILL AV 1121 14131. RED HILL AV 1121 LI0500017567TU _ - 1121 CIN010Q9 INCIDENT INQUIRY THU, OCT 27, 2005, 1:27 PM FOR : 1041 page-. 1 Recv: 102205 0203 F/Address: 14131 RED HILL AV Type: P/TS TRAFFIC STOP Reference;~FITZS PUB _ t ~ Beat: 3 Pol Dst: 303 Fir Dst: 303 Map. Guide: 830C5 Census: 51 y How Recv: TS Reporting Party's: Priority: 4 Address: Dispo: 03 Phone: hh mm Time Stamps: Received: 02:03 hhhh mm ss hh hh mm ss Dispatch: 02:03 :00:00 RC/AS: :00:00. Enroute: 02:03 :00:00 DI/AS: :00:00 At Scene: 02:03 :00:00 DI/CC: 2:37:27 Close: 04:41 2:37:27 Comments: 0300/ CASE NUMBER = CR-05-00008011 (TU) 0300/ CASE NUMBER .= AR-05-00003093 (TU) 0311/ CASE NUMBER = FI-05-00001558 (TU) 0203/ INCIDENT NUMBER: 5TU0050502 0203//~~ )246/10=15 p~~~-~ ),248/REQ 92 „" ` )249/926A JOHNS )306/BRO GRAND MARQ 4D 22651H CVC )319/FCN/3950529501115 )323/REQ BLOOD TECH )324/ARR/CITE/REL yC23152A/B )326/1039 CFP )32 9/BLOOD TECH ETA 35-40 )400/LIVESCAN SENT ~ ~~ 1441/CLOSED DISPO ORIG REPORT TAKEN 1441/HAUG 1821/LIVESCAN RECEIVED [istory: snit/Empl Date -Time Cmd Type 30/1124 QL TS 30/1124 SC TS 30/1124 TS TS 50/731 DC TS MR TS MR TS MR TS MR TS MR TS MR TS MR TS SC TS SC TS QN TS SC TS QO TS SC TS QO TS SC TS 30/1124 50/731 30/1124 30/1124 30/1124 30/1124 50/731 50/731 10/22 10/22 10/22 10/22 10/22 10/22 10/22 10/22 10/22 10/22 10/22 10/2.2 10/22 10/22 10/22 10/22 10/22 10/22 10/22 10/22 02:03:56 FC TS 02:03:56 02:03:56 02:03:56 02:04:03 02 :04:21 02:04:21 02:04:21 02:04:21 02:04:21 02 :04:21 02:04:21 02 :04:30 02:04:36 02:05:51 02:05:51 02:06:07 02:06:07 02:08:32 02:08:32 Location/Comments FITZ'S ------------• ~ CA . FITZ'S FITZ'S - FITZ'S AD:FITZ'S BT: CN: FD: MG: PD: R: BEHIND FITZ'S BEHIND FITZ'S STEPHENS ANDREW 19840321 CA M BEHIND FITZ'S ~~~ CA BEHIND FITZ'S ~~ ~ BEHIND FITZ'S User 1106 1106 1106 1106 1106 1106 1106 1106 1106 1106 1106 1106 1106 1106 1121 1121 1121 1121 1121 1121 CIN01009 INCIDENT INQUIRY THU, OCT 27, 2005, 1:27 PM FOR: 1041 Page: 2 350/731 10/2.2 02:08:59 QN TS 350/731 10/22 02:08:59 SC TS BEHIND FITZ'S CA M 1121 350/731 10/22 02:09:37 AC TS BEHIND FITZ'S 1121 53/710 10/22 02:.15:33 AS" TS 14131 RED HILL AV 731 330/1124 10/22 02:15:44 SC TS 14131 RED HILL AV 1106 350/731 10/22 .02:22:17 SC TS BEHIND FITZ'S 1106 350/731 10/22 02:37:11 SC T$ BEHIND FITZ'S 1106 350/731 10/22 02:52:11 SC TS BEHIND FITZ'S 1106 10/22 03:00:02 GC CR0500008011TU 1106 10/22 03:00:03 GC ARQ500003093TU 1106 330/1124 10/22 03:02:42 QL TS 1106 330/1124 10/22 03:02:42 SC TS 1~3~ D HILL A~ 1121 330/1124 10/22 03:05:30 SC TS TP~/ENR STA 1015 1121 53/710 10/22 03:06:40 CC TS 14131 RED HILD AV 1106 350/731 10/22 03:06:53 CC TS BEHIND FITZ'S 1106 330/1124 10/22 03:07:53 SC TS TP/STA 1015 1106 10/22 03:11:12 GC FI0500001.558TU 1106 330/1124 10/22 04:41:15 DX 1121 10/.22 04:41:15 RX TS 14131 RED HILL AV 1106. 10/22 04:41:23 CC TS 14131 RED HILL AV 1106 -EOR- ~ 1106 THU, OCT 27,, 2005, 1:28 PM Incident Inquiry THU, OCT 27, 2005, 1:27 PM Recv: 100905 2007 Address: 14131 RED HILL AV Type-P/415E---PARTY/MUSIC-DIS----Reference_-FITZ'S-PUB--------------City: TU 2007/X-ST = NISSON COMMON-NAME = FITZ'S PUB 2007/ INCIDENT NUMBER: 5TU0048273 2007/PLS CLOSE BACK DOOR - LOUD MUSIC DIST RESIDENCE IN THE AREA 2035/CONY W/SEC IN FRONT 203 6/C4, DOOR CLOSED 203 7/CLOSED DISPO ADVISED 203 7/WELDE History: Unit/Empl .Date Time Cmd Type Location/Comments ------------ -- -- -- ------- --- ------ --------- User 10/09 20:07:35 RC 415E 14131 RED HILL AV 411/953 10/09 20:32:04 DC 4158 . 14131 REII HILL AV 995 760/1083: 10/09 20:32:04 DC 415E . 14131 RED HILL AV 1106 1106 Count: 34 Page: 2 of 3 Printer: TUNET09 CIN01009 Recv: 093005 0008 Type: P/415FIG FIGHT Beat: 3 Pol Dst: How Recv : PP Priority: 2 Dispo: O1 INCIDENT INQUIRY THU, OCT 27, 2005, 1;28 pM FOR: 1041 page: 1 Address:~14131 RED HILL AV DISTURBNC Reference,: FITZ'S PUB 303 Fir Dst: 303 Map Guide: 830C5 Census: 51ty' TU Reporting Party's: ~~~ Address: Phone; hh mm 00:08 hhhh mm ss hhhh mm ss 00:09 :01:41 RC/AS: :04:47 • DI/AS: :03:06 00:13 DI/CC: 3:48:59 03:58 3:45:53 Time Stamps: Received: Dispatch: Enroute: At Scene: Close: Comments: _ 0113/ CASE NUMBER CR-05-00007388 (TU) 0144/ CASE NUMBER = AR-05-00002879 (TU) 0008/X-ST = NISSON COMMON-NAME FITZ'S PUB 0008/ INCIDENT NUMBER: 5TU0046663 0008/CP WAS CONFRONTED BY 2 MALE.SUBJS TRYING TO FIGHT HIM - THEY WERE KICKED 0008/OUT & NOW 415 W/FEMS IN THE P/L. 0009/#1 - M H 30 BLK SHIRT/BJ SHORTS - #2=M.H 20'S BLK T & 0009/BJ SHORTS - THEY ARE 390 0009/THEY ARE NOW NEAR THE EAST SIDE OF THE BLDG W/2 FEM'S 0010/CP IS NEAR ENTRANCE WEARING WHI T/DK SLACKS 0010/NO WPNS SEEN 0010/NOW WALKING NB ON RH 0013/OUT W/3 SUBJ'S RH/5 003 9/DOING IN FIELD LINE UP 004 0/POSITIVE ID 0041/10-15 0048/2ND WIT/VIC W/POSITIVE ID 0245/ARR/BK/OCJ PC245 )358/CLOSED DISPO ARRESTED ?358/HOWARD/GARCIA , iistory: Jnt/Empl Date Time Cmd Type Location/Comments -------.-- --- -- -- ------- --- ------ ----- -- User X40/1071 09/30 00:09:59 DC 415FIG 141 1 __ __ 1121 :3/1029 09/30 00:09:59 DC 415FIG 3 14131 RED HILL AV RED HILL•AV 904 5/712 5/712 09/30 09/30 00:11:18 00 13 DC 415FIG 14131 RED HILL AV 904 904 :3/1029 09/30 : :05 00:13:27 AC AC 415FIG 415FIG 14131 14131 RED HILL AV 904 '5/712 09/30 00:13:34 SC 415FIG RED RED HILL AV HILL/5 904 :3/1029 09/30 00:13:40 SC 415FIG RED HILL/5 904 40/1071 09/30 00:14:15 AC 415FIG 14131 RED HILL AV 904 5/712 09/30 00:17:59 QN" 415FIG 904 5/712 09/30 00:17:59 SC 415FIG RED HILL 5 ~ M 1121 5/712 09/30 00:18:21 QN 415FIG ~ r 5/712 09/30 00:18:21 SC 415FIG RED ~ HILL/5 ~ M 1121 3/1029 09/30 00:18:40 QN 415FIG 1121 3/1029 09/30 00:18:40 SC 415FIG RED HILL 5 ~ M 904 5/712 3/1029 09/30 00:27:37 SC 415FIG 14131 RED HILL AV 904 09/30 00:28:34 SC 415FIG RED HILL/5 904 ~0/107i 09/30 00:34:14 SC 415FIG 14131 RED HILL AV 904 904 CIN01009 360/1002 360/1002 55/712 360/1002 360/10.02 K3/1029 55/712 360/1002 K3/1029 SS/712 340/1071 340/1071 K3/1029 340/1071 -EOR- INCIDENT INQUIRY THU, OCT.27,.2005, 1:28 PM FOR: 1041 Page: 2 09/30 01:12:42 DC 415FIG 14131 RED HILL AV 09/30 01:12:49 SC 415FIG RED HILL/5 09/30 01:12:57 SC 415FIG RED HILL/5 09/30 01:13:03 GC CR0500007388TU 09/30 01:16:30 AC 415FIG RED HILL/5 09/30 01:18:15 SC 415FIG 10-19 10-15 09/30 01:18:52 SC 415FIG 10-19 09/30 01:27:04 SC 415FIG RED HILL/5 09/30 01:27:27 CC 415FIG 10-19 10-15 09/30 01:27:34 SC 415FIG 10-15 STA 09/30 01:31:12 CC 415FIG 'RED HILL/5 09/30 01:33:35 SC 415FIG 10-19 09/30 01:44:03 GC AR0500002879TU 09/30 02:44:59 SC 415FIG TP OCJ 09/30 02:54:52 CC 415FTG 10-15 STA 09/30 03:58:58 CC 415FIG TP OCJ .904 904 904 904 904 904 904 JOB 904 904 904 904 1121 904 904 904 CIN010p 9 Recv: 092505 Type: P/653G Beat: 3 How Recv: PP Priority: 3 Dispo: O1 INCIDENT INQUIRY THU, OCT. 27, 2005, 1:28 pM FOR: 1041 page: 1 0257 Address: 14131 RED HILL AV LOITERING Reference: FITZ'S PUB Pol Dst: 303 'Fir Dst: 303. Map Guide: 83005 Census: 51ty' TU Time Stamps: Received: Dispatch: Enroute: At Scene: Close: Reporting Party's: Address: Phone: hh mm 02:57 hhhh mm ss hhhh mm ss 03:05 :08:01 RC/AS: :10:56 03:08 DI/~' :02:55 ' DI/CC: 2:07;13 05:12 2:04:18 Comments: 0400/ CASE NUMBER = CR-05-00007252. (T'U) 0400/ CASE NUMBER = AR-05-00002837 (TU) . 0257/X-ST = NISSON COMMON-NAME FITZ'S PUB 0257/ INCIDENT NUMBER: 5TU0045848 0257/6-8 SUBJS.HANGING Ot~T & POSS DRINKING IN P/L OF BUSN 0259/CP CALLED BACK, 415, REQ TO SEND AMBULANCE BECAUSE HE 0259/WOULD BE GOING TO CONFRONT THE SUBJS DRINKING AND 0300/DEMANDED OFCRS RESPOND IMMEDIATELY, ADVSD SUBJ TO STAY 0300/AT HIS RES UNTIL OFCRS RESPOND 0301/2ND CP: 0315/REQ YLW UNIT 0316/REQ YEL UNIT 0326/ETA 10-20 FOR YEL CAB 0353/1015 @ 0342 040/ARR/BK/OCJ FOR 2 MISD OC ARREST 0440/WA.RRANTS $lOK EACH BOTH FOR HS11364 0512/CLOSED DISPO ARRESTED 0512/MITCHELL 3istory: Jnit/Empl Date Time Cmd Type Location/Comments.. 09/25 02:57:11 RC 653G 09/25 02:58:27 MR 653E 710/1096 09/25 03:05:12 DC 653G t4/1019 09/25 03:05:12 DC 653G 110/1096 09/25 03:08:07 AC 653G 04/1019 09/25 03 :08:07 AC 653G 04/1019 09/25 03:08:58 QL 653G C4/T019 09/25 03:08:58 SC 653G 04/1019 09/25 03:09:52 QL 653G .4/1019 09/25 03:09:52 SC 653G :4/1019 09/25 03:19:08 SC 653G '10/1096 09/25 03:24:37 QO 653G '10/1096 09/25 03:24:37 SC 653G~ 10/1096 09/25 03:25:05 QN . 653G 10/1096 09/25 03:25:05 SC 653E .4/1019 09/25 03:26:17 QN 653G .4/1019 09/25 03:26:17 SC 653G 4/1019 09/25 03:27:25 QN 653G 4/1019 09/25 03:27:25 SC 653G 10/1096 09/25 03:34:52 SC 653G User 14131 RED HILL AV RP : ~~ 1121 14131-RED HILL AV 1121 14131 RED HILL AV 1106 14131 RED HILL AV 1106 14131 RED HILL AV 1106 ~ TX 2006 1106 14131 RED HILL AV 110.6 ~ ~' 1106 14131 RED HILL AV 1106 14131 RED HILL AV 1106 ~~ ~ 1121 14131 RED HILL AV 11.06 , 1106 14131 RED HILL AV CA M 1106 1106 14131 RED HILL AV ~ M 1121 1121 14131 RED HILL AV ~ M 1121 14131 RED HILL AV 1121 1121 CIN01009 INCIDENT INQUIRY THU, OCT 27, 2005 1:28 FOR: 1041 , PM Page: 2 720/1003 720/1003 09/25 09/25 03:52:46 03:53:40 DC CC 653G 653G 14131 RED HILL AV 1 1121 K4/1019 09/25 03:53:03 SC 653G 411 RED HILL AV 14131 RED HILL AV 1121 710/1096 09/25 03:55:37 SC 653G 1019 X1M 1121 710/1096 09/25'03:57:42 SC 653G 10155 1121 K4/1019 09/25 03:58:06 CC 653G 14131 RED HILL AV 1121 09/25 04:00:26 GC - CR0500007252TU 1121 09/25 04:00:28 GC A.R0500002837TU .1121 710/1096 09/25 04:34:50 SC 653G ENR OCJ X2M 1121 710/1096 09/25 05:12:25 CC 653G ENR OCJ X2M 1121 -EOR- ,1121 CIN0T009 Recv: 092005 Type: P/390 Beat: 3 How Recv: E9 Priority: 2 Dispo: Ol INCIDENT' INQUIRY THU, OCT 27, 2005, 1; 29 pM FOR: 1041 page: 1 2153 Address: 14131 RED HILL AV DRUNK IN PUBLIC Reference: FITZ'S PUB Pol Dst: 303 Fir Dst: 303 Map Guide: 830C5 Census: 51ty ~ Time Stamps: Received: Dispatch: Enroute: At Scene: Close: Reporting Party's: Address: Phone: hh mm 21:53 hhhh mm ss hhhh mm ss 21':54 :00:30 RC/AS: :03:22 21:57 DI/AS: :02:52 ' DI/CC: .2:58:53 00:53 2:56:01 Comments: 2249/ CASE NUMBER CR-05-00007138 (TU) 2249/ CASE NUMBER AR-05-00002788 (TU) 2153/X-ST = NISSON COMMON-NAME = FITZ'S PUB 2153/E911 - RP:BUSN/FITZ'S PUB & LOUNGE /~~~ . 2153/ INCIDENT NUMBER:.5TU0045129 2153/MH'34 GOATEE,NO SHIRT,JNS - SUBJ HBD & REMOVED FR ESTABLISHMENT HE IS NOW 2153/CHALLENGING OTHER PATRONS TO FIGHT OUTSIDE ON THE PATIO - NFD 2158/SUBJ IN MIDDLE OF ROAD ON RH IFO FITZ'S 2200/OUT W/390SUBJ 2203/C4 2224/ROJAS 2241/1015 X322/ARR/BKD/HBJ: ~PC 647F )053/CLOSED DISPO AkRESTED )053/VILLARREAL/GARCIA iistory: lnit/Empl ,Date Time Cmd Type Location/Comments --- -- - --- - - - User 09/20 21:52;10 E9 390 --- 14131 RED HILL AV --- -------- 09/20 21:53:52 RC 390 14131 RED HILL AV 995 10/1125 09/20 21:54:22 DC 390 14131 RED HILL AV 995. 60/1002 09/20 21:54:22 DC 390 , 14131 RED HILL AV 1106 :20/1022 09/20 21:55:28 DC 390 14131 RED HILL AV 1106 ~ 20/1022 09/20 21:55:30 SP 390 14131 .RED HILL AV 1106 10/1125 09/20 21:55:35 CC 390 14131 RED HILL AV 1106 60/1002 09/20 21:57:14 AC 390_ 14131 RED HILL AV 1106 20/1022 09/20 21:57:56 AC 390 14131 RED HILL AV 1106 10/1103 09/20 21:57:59 AS 39.0 14131 RED HILL AV 1106 60/1002 09/20 22:00:30 QN 390 1106 60/1002 09/20 22:00:30 SC 390 RED HILL AV M 995 60/1002 09/20 22:10:05 SC 390 14131 RED HILL AV 995 20/1022 09/20 22:18:03 SC 390 14131 RED HILL AV 1106 20/1022 09/20 22:24:01 QN 390 1106 20/1022 09/20 22:24:01 SC 390 14131 RED HILL AV ~ ~ 995 20/1022 09/20 22:28:19 QN 390 995 20/1022 09/20 22:28:19 SC 390 14131 RED HILL AV CA M 995 20/1022 09/20 22:28:33 QO 390 ~~~; ~ 995 20/1022 09/20 22:28:33 SC 390 14131 RED HILL AV 995 10/1103 09/20 22:31:00. CC 390 14131 RED HILL AV 995 20/1022 09/20 22:37:49 SC 390 14131 RED HILL AV 1106 60/1002 09/20 22:43:26 SC 390 BA/S 1045 1106 1106 CIN010,09 INCIDENT INQUIRY THU, OCT 27,.2005, 1;29 pM FOR: 1041 Page: 2 360/1002 09/20 22:43:33 CC 390 BA/S 1045 09/20 22:49:40 GC AR0500002788TU 09/20 22:49:40 GC CR0500007138TU 420/1022 09/20 23:12:07 SC" 390 ENR HBPD 1015 420/1022 09/21 00:49:22 SC 390 ENR HgPD 1015 ' 09/21. 00:52:51 RX 390 14131 RED HILL AV 09/21 00:53:16 CC 390 14131 RED HILL AV -EOR- 1106. 995 995 1106 1106 1106 1106 CIN01009 INCIDENT INQUIRY THU, OCT 27, 2005 1:31 , pM FOR: 1041 page: 1 Recv: 081305 0141 F/Address: 14131 RED HILL AV Type: P/TS TRAFFIC STOP Reference,: FITZS PUB Beat: 3 Pol Dst: 303 Fir Dst: 303 Map Guide: 83005 Census: Slty~ TU How Recv: TS Reporting Party's: Priority: 4 Address: Dispo: O1 Phone: hh mm Time Stamps: Received: 01:41 hhhh mm ss hhhh Dispatch: 01:41. :00:00 RC/AS: mm ss :00:00 Enroute: 01:41 .:00:00 DI/1~5: :00:00 At Scene: 01:41 :00:00 DI/CC: 3:32:41 Close: 05:13 3:32:41 Comments: 0245/ CASB NUMBER = CR-OS-00006097 (TU) 0245/ CASE NUMBER AR-05-00002384 (TU) 014 1/ INCIDENT NUMBER: 5TU0038208 0141//~~ 023 6/1015 0236/926 ~ ~ ~. 0253/926A ARCHIES TOW' 032 0/GRN TOYT TUN P/U 22651H 0321/FCN 3950522501217 0513/ARR/BK/OCJ VC23152A/B ~J~ 0513/CLOSED DISPO ARRESTED 0513/HAUG History: Unit/Empl Date Time Cmd Type Location/Comments -- --- - --- - - - User 08/13 01:41:0.3 FC TS FITZS P/L - ------------ - - - 33/710 08/13 01:41:03 QL TS ~ CA 1121 33/710 08/13 01:41:03 SC TS FITZS P/L 1121. 33/710 08/13 01:41:03 TS TS FITZS P/L ~ 1121 330/1124 08/13. 01:43:17 AS TS FITZS P/L 1121 33/710 08/13 01:45:46 QN TS 1121 33/710 08/13 01:45:46 SC TS FITZS P/L CA M 904 / 904 350/731 08/13 01:52:03 DC TS FITZS P/L 08/13 01:52:59 MR TS AD:FITZS P/L ~ 112I 08/13 01:52:59 MR TS BT: 1121 08/13 01:52:59 MR TyS CN: 1121 ~ 08/13 01:52:59 MR TS FD: 1121 08/13 01:52:59 MR TS MG: 1121 08/13 01:52:59 MR TS PD: 1121 08/13 01:52:59 MR TS R: 1121 3/710 08/13 01:55:09 SC TS FITZS P/L 1121 / 11 50/731 08/13 01:57:44 AC TS 14131 RED HILL AV 21 10/1125 08/13 02:08:54 DC TS 14131 RED HILL AV 731 10/1125 08/13 02:08:59 SC TS PU PAZ 1121 50/731 08/13 02:09:02 SC TS 14131 RED HILL AV 1121 10/1125 08/13 42:11:12 SC TS STA 1121 10/1125 08/13 02:14:42 SC TS 14131 RED HILL AV 1121 3/710 08/13 02:14:46 SC TS 14131 RED HILL AV 1121 10/1125 08/13 02:17:53 AC TS 14131 RED HILL AV 1121 10/1125 08/13 02:36:54 CC TS 14131 RED HILL AV 904 30/1124 08/13 02:42:06 SC TS 1019 X1M 101 5 1121 1121 CIN01009 ' INCIDENT INQUIRY THU, OCT 27, 2005, 1:31 PM FOR: 1041 Page: 2 08/13 02:45:50 GC CR0500006097TU 08/13 02:45:55 GC AR0~00002384TU 1121 350/731 08/13 02:54,:05 QL TS ~ 1121 3.50/731 .08/13 02:54:05 SC TS 141 ~E HILL AV 904 350/731 08/13 03:04:06 SC TS 14131 RED HILL AV 904 53/710 08/13 03:04:46 CC TS 14131 RED HILL AV 1121 350/731 08/13 03:.10:05 QR TS ER 731 1121 350/731 08/13 03:21:56 CC TS ~ 14131 RED HILL AV .038208 330/1124 08/13 04:01:28 SC TS 10155 X1 1121 310/1125 08/13 04:21:38 DC TS 14131 RED HILL AV 1121 310/1125 08/13 04:21:42 SC TS 10-19 904 340/1071 08/13 04:22:23 DC TS .14131 RED HILL AV 904 310/1125 08/13 04:22:25 CC TS 10-19 904 '" 340/1071 08/13 04:22:28 SC TS 10-19 9D4 340/1071 08/13 04:30:33 AC TS 10-19 904 340/1071 08/13. 04:34:03 SC TS ENR OCJ X1 904 330/1124 08/.13 04:34:09. SC TS STA 1121 330/1124 08/13 04:35:31. CC TS STA 1121 340/1071 48/13 04:41:41 SC TS OCJ 1121 340/1071 08/13 05:11:36 DR 1121 ~ . 08/13 05:11:36 RX ~S 14131 RED HILL AV ~ 1121 08/13 05:13:44 CC TS 14131 RED HILL AV 1121 -EOR- 1121 LINO1009 INCIDENT INQUIRY THU, OCT 27, 2005, 1:31 PM FOR: 1041 page: 1 Recv: 071405 1927 Address: 14131 RED HILL AV Type: P/50SA RECKLESS DRIVIN Reference: FITZS PUB Beat: 3 Pol Dst: 303 Fir Dst: 303 Map Guide: 830C5 Census: 51ty• TU How Recv: PP Priority: 2 Diepo: 05 Time Stamps: Received: Dispatch: Enroute: At Scene: Close: Reporting Party~s: Address: Phone.: hh mm 19:27 hhhh mm ss hhhh mm ss 19:28 :00:52 RC/AS: :10:49 • DI/AS: :09:57 19:38 DI/CC: :39:54 20:07 :29:57 Comments: 2007/ CASE NUMBER = LI-OS-00011368 (TU) ?927/X-ST = NISSON COMMON-NAME FITZS PUB 192 7/ INCIDENT NUMBER; 5TU0032843 1927/WHI GEO PRISM RACING AROUND & SCREACHING TIRES IN P/L 1927/CP THINKS HE MAY POSS BE 390 & FROM FITZ'S 1928/PLATE SIMILAR TO 2007/CLOSED DISPO ADVISED ~ ~R-U1J 11C 20Q7/TAYLOR-PAWC'D RP 3istory: 7nit/Empl--- -- Date- Time--- Cmd Type Location/Comments 07/14 07/14 19:27:12 19 27 RC - 415S - 14131 RED ~HILL ---------- AV : :53 MR 4155 TY:415S (30/1062 07/14 07/14 19:27:53 .19:28:04 MR DC 415S 505A TY:SUBJ D ISTURBANC X50/1075 07/14. 19:28:04 DC 505A. 14131 RED 14131 RED HILL HILL AV AV -30/1062 50/1075 .07/14 07/14 19:38:01 19 AC 505A 14131 RED HILL AV 30/1062 07/14 :38:01 19:58.13 AC SC 505A 505A 14131 RED 14131 HILL AV 50/1075 30/1062 07/14 07/14 19:58:14 20 SC 505A RED 14131 RED HILL HILL AV AV 50/1075 . 07/14 :07:58 20:07:58 CC CC 505A 505A 14131 RED 14131 RED HILL AV 07/14 20:07:58 GC LI05000113 HILhi 68TU AV ' EOR- ~ CELL User 1121 ,1087 1087 1087 1087 1087 . 1087 1087 1087 1087 1087 1087 CINOT009 INCIDENT INQUIRY THU, OCT 27, 2005, 1:34 pM FOR: 1041 page,. 1 Recv: 06].905 0054 Address: 14131 RED HILL AV Type: P/925C SUSP OC C VEH Reference: FITZ'S PUB Beat: 3 Pol Dst: 3 03 ,Fir Dst: 303 Map Guide : 830C5 Census: 51ty. ~ How Recv: PP Reporting Party's: ~ Priority: 2 Address: .CELL Di spo : 06 Phone : ~ ~~ hh mm Time Stamps: Received: 00:54 hhhh mm ss h hhh mm ss Dispatch: 00:56 :01:17 RC/AS: :03:41 Enroute: DI/AS: :02:24 At Scene: 00:58 DI/CC: :06:39 Close: 01:02 :04:15 Comments: 0102/ CASE NUMBER ~ LI-05-00009703 (TU) 0054/X-ST a NISSON COMMON-NAME - FITZ'S PUB .0054/ INCIDENT NUMBER: STU0028555 0054/6 OR 7 MALE ASIANS WERE CHASING PATRONS AROUND THE PL - LEAVING IN A 0054/BLK LEXUS CA/UNK - DOT SB REDHILL - NOW TURNING INTO .A COMPLEX ON RH 005 5/TO CONTINUE CHASING MGRS PEOPLE.- PALMWOOD LUXURY APTS 0055/SUBJS HAD THEIR SHIRTS OFF AND WERE WANTING TO FIGHT 0055/THE OTHER PATRONS 010.0/SO ALY OF PINEWOODS IS CLEAR 0100/C4 OUT W/PATRON 0102/CLOSED DISPO UTL/GOA 0102/CARSON History: Unit/Empl 721/1110 730/1112 X90/1071 160/1089 730/1112 190/1071 >60/1089 i 90 /1071 '21/1110. '30/1112 EOR- Date, Time Cmd Type 06/19 00:54:59 RC 925C 06/19 00:55:49 MR 925C 06/19 00:55:49 MR 9250 06/19 00:55:49 MR 925C 06/19.00:56:16 DC 925C 06/19 00:56:16 DC 9250 06/19 00:57:27 DC 925C 06/1 00:58:01 AS 925C 06/19 00:58:40 AC•925C 06/19 01:00:28 AC 925C 06/19 01:02:55 CC 9250 06/19 01:02:55 CC 925C _.06/19 01:02:55 CC 925C 06/19 01:02:55 CC 925C 06/19 01:02:55 GC Location/Comments User 14131 RED HILL AV 1099 PH: ~' 1099 RP: 1099 14131 RED HILL AV 1099. 1121 14131 RED HILL AV 1121 14131 RED HILL AV 1121 14131 RED HILL AV ~ 1121- 14131 RED HILL AV 1121 14131 RED HILL AV 1071 14131 RED HILL AV 1121 14131 RED HILL AV 1121 14131 RED HILL. AV 1121 14131 RED HILL AV 1121 LI0500 0097 03TU 1121 CIN01009 Recv: 052605 Types P/480 Beat: 3 How Recv: PP Priority: 1 Dispo: 03 Time Stamps: INCIDENT INQUIRY THU, OCT. 27, 2005, 1:36 PM FOR: 1041, page; 1 0219 Address: 14131 RED HILL AV ACCIDENT H/R IN Reference; FITZ'S PUB Pol Dst: 303 Fir Dst: 303 Map Guide: 830C5 Census: 51ty~ ~ Reporting Party's: Address : _._ -" Phone: hh mm Received: 02:19 hhhh mm ss h hhh Dispatch: 02:21 :_02:07 RC/AS: mm ss :05:17 Enroute: 02:22 :00:17 DI/AS: :03: 10 At Scene: 02:24 :02:53 DI/CC: . :43:06 Close: ,03:04 :39:56 Comments: 0242/ CASE NUMBER CR-OS-00004068 (TUj 0219/X-ST NISSON ~ COMMON-NAME FITZ'S PUB 0219/ INCIDENT NUMBER: 5TU0024547 02.9/VEH HIT PARKED CAR & PED 0219/ SB RH TO WAL ~ }"~ ~ ~ ~ 0222/OC FIRE ENR X223/31 YR.OLD MALE HIT BY CAR 22 4 / CP' S ARE ALL 3 9 0 '~ (~Z.l,c f~l~,, )227/SUSP VEH - SMALL GOLD 2DR - M ASIAN DRIVER )230/VEH - FRONT END DMG )23 0/UNK PLT )235/UTL SB RH/WB EDI TO 55 )304/SEJA )304/CLOSED DISPO ORIG REPORT TAKEN iistory: Tni t /Empl 80/655 ~80/65~5 80/655 60/963 50/1075 30/1062 30/1062 40/1069 40/1069 80/655 30/1062 40/1069 40/1069 30/7.062 30/1062 X0/1069 10/963 30/655 10/1075 Date Time Cmd Type 05/26 02:19:42 RC 480 .05/26 02:21:49 DC 480 05/26.02:22:06 EN 480 05/26 02:22:21 MR 480 05/26 02:22:21 MR 480 05/26 02:22:22 MR 480 05/26 02:24:59 AC 480 05/26 02:25:38 AS 480. 05/26 02:28.:48 AS 480 OS/26 02:30:48 DC 4.80 05/26 02:30:52 SC 480 05/26 02:30:59 DC 4.80 05/26 02:31:01 SC 480 05/26 02:31:04 SC 4'80 05/26 02:33:38 AC 480 05/26 02:33:38 AC 480 05/26 02:33:42 SC 480 OS/26 02:39:38 SC 480 05/26 02:42:47 GC 05/26 02:46:06 CC 480 05/26 02:48:31 CC 480 05/26 02:50:45 CC 480 05/26 03:04:47 CC 480 05/26 03:04:55 CC 480 Location/Conments 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV RA :. RP r PH : . 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV AREA CK 14],31 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV AREA CK 14131 RED HILL AV AREA CK FITZ'S CR0500004068TU FITZ'S AREA CK 14131 RED HILL AV 14131 RED HILL AV~ 14131 RED HILL AV , CELL User 909 909 655 909 909 909 6'5 5 909 909 909 909 909 909 909 909 909 909 1087 1087 1087 1087 1087 1087- 087 CIN010a9 INCIDENT INQUIRY THU, OCT 27, 200 5, 1:36 PM FOR: 1041 .Page: 2 -EOR- CIN01049 Recvs 052505 Type: P/PC Beat : 3 INCIDENT INQUIRY THU, OCT 27, 2005, 1:36 PM FOR: 1041 page, 1 0210 Address: 14131 RED HILL AV PATROL CHECK Reference; FITZ'S PUB Pol Dstc 303 .Fir Dst: 303 Map .Guide: 83005 Census: 51ty~ ~ How Recv: E9 Reporting Party's: Priority: 3 - .address: Dispo: O1 Phone: hM mm Time Stamps: Received: 02:10 hhhh mm ss .hhhh mm ss Dispatch: 02:14 :04:04 RC/AS: :07:.10 Enroute:. DI/AS: :03:06 At Scene: 02:18 DI/CC: 4:19:49 Close: 06:34 4:16:43 Comments: 0310/ CASE NUMBER = CR-05-00004038 (TU) 0418 / CASE NUMBER AR-05-00001505 (TU) (1418/ CASE NUMBER AR-05-00001506. (TU) - 0210/X-ST NISSON COMMON-NAME = FITZ'S PUB 7210/F911 - kZP:BUSN/FITZ'S PUB & LOUNGE /~~ 7210/ INCIDENT NUMBER: 5TU0024335 7,210/GROUP LOITERING IN PARKING LOT, CP THINKS THERE MIGHT BE A FIGHT 7218/SB THRU ALLEY C3 FOLLOW )218/MITCH EO RH , )218/ALLEY ON S/SIDE )219/WHI LINO NAV, NO PLTS )220/2 AT GUNPOINT, 1 IN CAR, 1 OUT OF CAR )220/3RD SUBJ RAN THRU ALLEY TOWARD MITCHELL )220/MH 6' UNK CLO~'HING )221/CLERK AT ARCO ADVISES BEER RUN )221/LAST SEEN RUNNING.WB MITCHELL TO FRONTIER PARK 1222/SUSP - LT COLORED CLOTHING 1224/1015 1226/10-3 ~233/2ND 1015 X233/UTL 3RD SUBJ IN. FRONTIER PARK ~240/C4. ~310/926A ARCHIES 3~0/22651H; WHI 05 LINC NAV 4D, NO PLTS, 28 SHOWS 358/FCN 3950514501002 516/REQ YEL CAB TO TPD 517/ARR/849B: 517/1039 YEL CAB ETA 15-20 601/ARR/BOOK/OCJ: 211 PC 615/MITCHELL 634/CLOSED DISPO ARRESTED istory: nit/Empl Date Time Cmd Type 05/25 02:10:09 E9 PC 05/25 02:10:53 RC PC 30/]:096 05/25 02:14:57 DC PC 30/1096 05/25 02:18:03 AC PC ZO/1083 05/25 02:18:22 DC PC x/677 05/25 02:19:40 DC PC X0/1083 05/25 02:20:17 AC PC Location/Comments 14131. RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV User 909 909 909 909 909 909 909 CIN010~39 " INCIDENT INQUIRY THU, OCT 27, 200 5, 1:36 PM FOR: 1041 Page: 2 .410/1047 05/25 02:20:46 DC PC 14131 RED HILL AV 54/677 05/25 02:20:54 AC PC 14131 RED HILL AV 909 410/1047 05/25 02:21:41 SC PC FRONTIER PARK 909 570/625 05/25 02:21:45 AS PC 141.31 RED HILL AV 909 570/625 05/25 02:21:52 SC PC FRONTIER PARK 909. 410/1047 05/25 02:21:58 AC PC . FRONTIER PARK 909 ~ 410/1047 05/25 02:22:04 SC PC STATER BROS 909 460/988- 05/25 02:23:01 DC PC 14131 RED HILL AV 909 460/988. 05/25 02:23:10 AC PC 14131 RED HILL AV 909 46Q/988 05/25 02:25:38 CC PC 14131 RED HILL AV 909 430/1096 05/25 02:33:14 SC PC 14131 RED HILL AV 909 420/1083 05/25 02:33:16 SC PC . 14131-RED HILL AV 909 S4/677 05/25 02x33:19 SC PC 14131 RED HILL AV 909 410/1047 05/25 02:36:23 QR PC ER .1047 909 570/625 05/25 02:38:12 CC PC FRONTIER PARK 024335 460/988 05/25.02:40:13 AS PC 14131 RED HILL AV 909 410/1047 05/.25 02.:42:11 CC PC STATER BROS 909 420/1083 05/25 02:-51:03 QN PC CA M 909 420/1083 05/25 02:51:03 SC PC 14131 RED HILL AV 1087 420/1083 05/25 02:51:40 SC PC . 14131 RED HILL AV 1087 420/1083 05/25 02:51:41.QO PC ~ CA 1087 54/677 05/25 02:51:43 SC PC AREA, CK 1087 420/1083- 05/25 02:52:39 QN PC CA 909 M 420/1083 05/25 02:52:39 SC PC 14131 RED HILL AV 1087 460/988 .05/25 02:53:07 CC PC 14131 RED .HILL AV 1087 909 34/677 05/25 02:59:56 CC PC AREA CK X20/1083 OS/25 03:02:10 SC PC 14131 RED HILL AV 909 909 X30/1096 05/25.03:04:50 QV PC CA X30/1096 .,05/25 03:04:50. SC PC 14131 RED HILL AV 909• 909 X20/1083 05/25 03:09:18 SC PC MITCH/RH ~ 05/25 03:10:58 GC ~ ~ CR0500004038TU 909 909 &30/1096 05/25 03:11:09 SC PC 14131 RED HILL AV 909 X30/1096 05/25 03:11:19 SC PC MITCH/RH ~ X20/1083 05/25 03:18:36 SC PC TP/1019 1015 909 X20/1083 05/25 03:22:26 SC PC '1015 STA X2 909 909 430/1096 OS/25~0.3:33:29 SC PC ARCO F/UP 630/1096 05/25 03:53:42 QR PC ER 1096 909 X30/1096 05/25 03:54:31 SC PC 1019 024336 620/1083 05/25 03:57:36 QO PC ~~ Cp. 909 620/1083. 05/25 03:57:36 SC PC 1015 STA X2 909 620/1083 05/25 03:58:32 QN PC ~ I`'j 909 620/1083 05/25 03:58:32 SC PC 1015 STA X2 909 909 620/1083 05/25 04:08:50 SC PC 1015 STA X2 909 :20/1083 05/25 04:09:19 QN PC CA M 909 :20/1083 05/25 04:09:19 SC PC 1015 STA X2 909 :20/1083 05/25 04:11:20 QN PC CA M 909 :20/1083 05/25 04:11:20 SC PC 1015 STA X2 909 :20/1083 05/25 04:12:51 QN PC CA M 909 .20/1083 05/25 04:12:51 SC PC 1015 STA X2 909 20/1083 05/25 04:13:02 QN PC CA M 909 20/1083 05/25 04:13:02 SC PC 1015 STA X2 909 20/1083 05/25 04:17:20 SC PC 1015 STA X2 909 05/25 04:18:28 GC AR0500001505TU ~ 1087 05/25 04:18:31 GC AR0500001506TU 1087 30/1096 05/25 04 :29:31 .SC PC STA 10/1047 05/25 05:25:58 AS PC 14131 RED HILL AV 1087 909 10/1047 05/25 05:26:01 SC PC STA 909 420/14ffi3 CIN01009 410/1047 410/1047 410/1047 430/1096 430/1096 410/104,7 410/1047 -EOR- ' 05/25 05:27;48 CC PC 115 STA X2 INCIDENT INQUIRY THU, OCT 27, 2005, 1:369PM FOR: 1041 Page; 3 05/25 05:49:13 SC PC ENR.OCJ ST 0 0 05/25 05:51:51 QR PC . ER 1047 909 05/2.5 05:59:36 SC PC AT OC~3 END 3 9 024355 05/25 ,06:07:53 SC PC , STA 909 05/25 06:15:17 CC PC STA 1087 .05/25 06:26:11 QR PC ER 1047 909 05/25 06:34:46 CC PC AT OCJ END 3 9 024355 , 1044 Exhibit ~. V February ' , 2006 Gregory Fitzgerald 14131 Red Hill Avenue Tustin, CA 92780 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3100 SUBJECT: VIOLATIONS OF CONDITIONAL USE PERMIT 98-029 FOR FITZ RESTAURANT LOCATED AT 14131 RED HILL AVENUE Dear Mr. Fitzgerald: On April 19, 1999, the City Council adopted Resolution No. 99-29 approving Conditional Use Permit 98-029 authorizing alcoholic beverages to be served on-site in conjunction with a restaurant use at 14131 Red Hill Avenue (Attachment 1). Since the approval, the City has received numerous complaints regarding the facility and has conducted observations and surveillances by the City's Code Enforcement and the Tustin Police Department. As a result of the investigations, we observed a number of violations of conditions of approval as follows: CondJtion 1.8: Audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol must be submitted to the Community Development Director for annual review. The gross receipts of food sales must exceed the gross receipts of alcohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. Comment: As of the date of this- letter, no financial statements or schedules identifying gross sales of food and alcohol have been submitted to the City for review. 2. Condition 2.3: Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be available during all business hours. Comment: Food items are not always available during business hours. 3. Condition 2.4: Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing time. Comment: The City observed that the business was open later than midnight on Friday night. In addition, when calls were made inquiring about the closing time of the restaurant, patrons were informed of a 2:00 a.m. closing on Fridays and Saturdays. Fitz February 9, 2006 Page 2 of 3 4. Conditlon 2.9: Authorization for the on-site sales of beer, wine, and distilled spirits (ABC License Type "47") is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. Condltlon 2.14: The entire facility, which includes all three (3) levels, shall operate exclusively as a restaurant. During business hours, at least 80 percent of the premises shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. Comment: It was observed that neither utensils nor condiments were on the tables. The characteristics of the facility appear to be more of a bar than a restaurant. See Comments No. 1 and 2 above. 5. Condltlon 2.15: "No Loitering" .signs shall be posted at the entrance of the business. Comment: No such sign is posted at the entrance of the business and patrons were observed to loiter and congregate in the parking lot. 6. Condltlon 2.16: All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open. Comment: It was observed that cigarettes were thrown by patrons and employees on the ground into the parking lot and the parking lot appeared unkempt. 7. Condition 1.7: Conditional Use Permit 98-029 may be reviewed on an annual basis, or more often if necessary,. by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 98-029, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. Comment: If immediate remedies to the noted violations are not enacted, the City will initiate proceedings to revoke the Conditional Use Permit. 8. Conditfons 1.9 and 1.10: Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. The property owner is responsible for any costs associated with any necessary code enforcement action. Fitz February 9, 2006 Page 3 of 3 Comment: If the above violations are not corrected, a civil penalty which amount is to be determined based upon City's records would be imposed on the business and/or property owner. 9. Bar Seats: On September 23, 1999, the City approved the request to operate five (5) coin operated video games, one (1) billiard/pool table for every 2,000 square feet of gross floor area not to exceed two (2) tables maximum, and twelve (12) bar seats in the lounge area and four (4) bar seats within the main level dining room. Comment: Observation of the restaurant reveals that approximately 45 bar seats exist in the. facility. 10. Live Entertainment Permit: On May 25, -1999, the City approved and issued a Live Entertainment Permit to Larry Smith, owner of record of the Bourbon Street Restaurant, for live musical entertainment and public dancing in conjunction with a restaurant use. The live entertainment permit is non-transferable (Attachment 2). A new permit must be obtained for any change in use or ownership of the subject facility. Comment: Since the ownership of the restaurant has changed, a new live entertainment permit would be required. Please submit a new applica#ion by February 22, 2006, to the Business License Division. As noted above, a number of violations to conditions of approval were observed. A corrective. action plan responding to the above violations would need to be submitted to the City by February 22, 2006. If an effective corrective plan is not submitted by Fe~22~2006, staff will commence proceedings to revoke the Conditional Use Permit. ~f'1~~rc ~(.. ~~ ZaaG ~~ If you have any questions, please do not hesitate to contact me at 714-573-3031 or Justina Willkom, Senior Planner at 714-573-3115. Sincerely, ~ , C ~7 Scott Jordan Police Chief Elizabeth A. Binsack Community Development Director Attachments: Resolution No. 99-29 Live Entertainment Permit cc: Justina Willkom, Senior Planner Scott Reekstin, Senior Planner/Business License Brad Steen, Code Enforcement Officer Department of Alcoholic Beverage Control g:~CddWSTUJAImrrnt RESOLUTION N0.99-29 A ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMfT 98-029 AUTHORIZING ON-SITE SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS tLCCENSE TYPE 47) AND LIVE ENTERTAINMENT tN CONJUNCTION WITH A NEW RESTAURANT LOCATED AT 14131 RED HILL AVENUE s 6 s:. 9 to I1 12 13 la li 16 u 18 19 20 21 u z3 2a zs 26 27 2s 29 The City Council finds and determines as follows: A. That a proper application for Conditional Use Permit 98-029, was filed by Larry Smith, requesting authorization to obtain a license for the on-site sale and consumption of beer, wine and distilled spirits (ABC License Type "47") and live entertainment in conjunction with a new existing restaurant located at 14131 Red Hill Avenue, Tustin. B. That a public hearing was duly called, noticed and held on said application on February 8, February 22, and Marche 8, 1999 .by the Planning Commission. C. That on March. 15, 1999, the City Council appealed the Planning Commission's decision and that public hearings were duty called, noticed and held on said appeal on April. ,and April 19, 1999 by the City Council. D. That the proposed use is allowed within the C-1 (Retail Commercial) Zoning District wlithth the approval of a Conditional Use Permit. E. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, . safety; morals, comfort, or general welfare of the persons residing or working in the neighbofiood of such propposed use nor be a detriment to the p pp riy and improvements in the neighbofiood of the subject property, nor t the general welfare of the City of Tustin as evidenced by the following findings: 1. The roposed project, as conditioned, complies with adopted guidelines for alcoholic beverage sales establishments which have been established and ` consideaed to mitigate potential impacts associated with~the sale of alcohol in conjunction with restaurants. 2. As conditioned, the sale of alcoholic beverages would be lirpited to privileges for a type 47 license. Sales of alcoholic beverages for off- site consumption is prohibited except as authorized in the Business and Professions Code Section 23396.5. 3. The sate of alcohol would only be~authorized in conjunction with a . restaurant use. 4. Sales of beer, wine and distilled spirits will be permitted only when food is available. Food provided will be prepared on the premises. 5. Granting of a temporary use pemvt to allow up to five coin operated games, two pooVbilliard tables and a total of 16 "bar seats" on the restaurant premises shall be for six months commencing on March 15, 1999. During this temporary period, the Planning Commission shall consider if it is appropriate to amend the Alcoholic Beverage Sales Establishment Guidelines to allow "bar seating", coin operated video games and pool/billiard tables. Granting of the temporary use 1 2 3 a s 6 7 s 9 to II u 13 14 Is 16 17 la 19 20 Zl u 23 24 25 26 27 2s 29 Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 2 permit does not guarantee that "bar seating", coin operated video games and pool/billiard tables will be permitted for a period longer than as stated in Condition 2.10 of this resolution. The applicant has agreed to remove these amenities and improvements immediately at his sole expense if the Planning Commission does not amend the Alcoholic Beverage Sales Establishment Guidelines to permit. these amenities and improvements. 6. The applicant has not requested approval to locate any sexually oriented business or use within the proposed restaurant. In addition, sexually oriented businesses are not permitted within the Retail Commeraal (C-1) zoning district. Therefore, no sexually oriented businesses will be conducted pn the premises. 7. All persons serving beer, wine and distilled spirits will be eighteen (18) years of age or older and supenrised by someone twenty-one 21 years of age or older. The supervisor will be present in the same, area as point of sale. 8. A parking summary will be submitted .and approved by the Community Development Department if any increase i~ the 150 seats is proposed. F. That this pproject is Categorically Exempt from- the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). G. That the pro ect has been. reviewed for consistency with the Air Quality Sub- element of ~e City of Tustin General Plan and has been .determined to be consistent with the Air Quality Sub-element. II. The. City Council hereby approves Conditional Use. Permit No. 98-029 authorizing the on-site sale and consumption of beer, wine and distilled spirits (ABC License• Type "47") and live entertainranent in conjunction with a new restaurant located at 14131 Red Hill .Avenue, subject to the conditions contained within Exhibit A, attached hereto. • (PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 19~' day of April, 1999. THOMAS R. S ARELLI Mayor I PAM ELA City Clerk EXHIBIT A RESOLUTION N0.99-29 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-029 GENERAL . (1) 1.1 The proposed .project shalt substantiallyconform with the submitted plans date stamped. March 8, 1999, on file with the. Community Development Department. as herein modified, or as modified by the Director of Community Development Department in accorciance with this Exhibit. The Director of Community Development may also approve minor modifications to the plans during.plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (1) 1.2 Conditional Use Permit approval shall become null and void unless art Alcoholic Beverage Control License Type "47" is obtained from ABC and the sale and consumption of beer and wine commences within twelve (12) months. of the date of this exhibit Time extensions may be granted by the Community Development Department .if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Approval of Conditional Use Permit 98-029 is contingent upon the applicant signing and returning an "A reemenf to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 Conditional Use Permit 98-029 authorizes ABC License. Type "47". The sale of alcoholic beverages for off-site consumption is prohibited, except partially consumed bottles of wine as authorized in the Business and Professional Code Section 23396.5. ~ . (1) 1.5 The applicant shall' hold harmless and defend the City of. Tustin from ail daims and liabilities arising..out of a challenge of the City's approval of this Proj~ (1) 1.6 Unless otherwise spedfied,.the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits fvr the project, subject.to review and approval of the Community Development Department. (1) 1.7 Conditional Use Permit 98-029 may be reviewed.: on an annual basis, or more often if necessary, by the Community. Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 98-029, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. SOURCE CODES ~ ~ ~ ~~ (1) STANDARD CONDITION (5). RESPONSIBLE AGENCY REQUIREMENT 2 CEQA MITIGATION ~(6 LANDSCAPING GUIDELINES 3 UNJFORM BUILDING CODES ~ PC/CC POLICY 4 DESIGN REVIEW EXCEPTION F~chibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19,1999 Page 2 (5) 1.8 Audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol, must be submitted to the Community Development Director for annual review. The gross receipts of food sales must exceed the gross receipts of alcohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. (1) 1.9 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.10 The. applicant shall be' responsible for costs assoaated with any necessary code enforcement action. (1) 1.11 The applicant shall post security in the amount of $2,500 for a period of nine months in the form acceptable to the City Attorney securing the rerrwva! of the bar stools, .coin operated video games, and the pool/billiard tables temporarily approved. herein for a period of no more than six manths. The amount: of said securrfy is the estimated legal and administrative costs associated with the enforcement of the temporary approval, including the estimated costs of removing the temporarily approved bar stools, coin operated video games, and pooUbilliard tables. If the City extends the time of the temporary approval, the applicant shall post new or extended security, which security shall expire no earlier than the 90°i day following the expiration of~~the approval extension, and the amounts thereof may then be adjusted to reflect any new estimated costs associated with the enforcement of said temporary approval. USE RESTRICTIONS (3) . 2.1 No off-site sale or consumption of alcohol is .authorized, except partially consurried bottles of wine as authorized in Business and Professions Code Section 23396:5. (5) 2.2 No outdoor seating shall be permitted unless a separate Conditional Use . Permit is approved pursuant to the current provisions of the Tustin City Code. (2) 2.3 Hours of sales of alcoholic beverages shall be limited to .the hours when food is available. Service- of food menu items shall be during all business hours. (2) 2.4 Operating hours shall be consistent with other businesses within the commeraal center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00. a.m. Friday and Saturday. No new patrons shall be admitted after the dosing hours and patrons shall vacate the premises within thirty .(30) minutes after closing time. (2) 2.5 The menu of the restaurant shall consist of foods that are prepared on the premises. Exhibit A Resolution No. 99-29 Conditjonal Use Permit 98-029 April 19,1999 Page 3 (1) 2.6 All persons selling alcoholic beverages shall be eighteen (18~ years of age or older and shall be supervised by someone twenty one (21 ears of age or older.. A supervisor shall be present in same area as point of sale. (5) 2.7 The maximum number of seats shall comply with the number of available off-street parking spaces within the entire center.. A request for additional seats requires submittal of a current parking summary, which must be reviewed and approved by the Community Development Department prior to increasing the number of seats. (2) 2.8 Live entertainment •and public dancing shall be located entirely within the interior of .the restaurant during nom~al business hours. No sexually oriented business shall be conducted on the premises. (2) 2.9 ~ Authorization for the on+site .sales of beer,- wine and distilled spirits (ABC License .Type- "47") is contingent upon .the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization: for this :use permit is null and void. • (7)- 2.10 A temporary use permif shall be granted for a period of six months, or until amendments to the Alcoholic Beverage Sales Establishment Guidelines, regarding °bar seating", coin operated video dames and pooUbilliard table regulations have been adopted, which ever trme fume is shorter. The six month period shall commence from March 15,; 1999: The temporary use • permit shall allow 12 "bar seats" within the lounge area and 4 °bar seats" within the main level dining room, up to five.coin operated video games and two pool/billiard tables (also referred to as amenities and improvements) on the premises: If the Guidelines are amended to allow any amenities or -improvements, the Community Development Department may approve the amenities and improvements that are permitted by the Guidelines administratively. Approval for any amenities that are not allowed by the amended Guidelines shall become .null and •void and those amenities shall be removed within ten (1 Q) :days of the .Planning Commission's determination at the owner's sole expense. ' (5) 2.11 The. applicant shall obtain a Public Dancing Permit and an Entertainment Permit. front the Community Development Director-prior to offering public dancing and-live entertainment.on the premises. (5) 2.12 Any bar located within the facility shall function ~as a food/beverage service bar. (7) 2.14 .The entire facility, which includes all three (3) levels, shall operate exclusively as a restaurant. During business hours, at least 80% of the premises shall be designed and used for and must posses the necessary utensils, table service and condiment dispensers with which to serve meals. to the public: (1) 2.15 "No Loitering" signs shall. be .posted at the entrance of the business. F~chibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19,1999 Page 4 (1) 2.16 All litter shall be removed .from the exterior area around the premises . including adjacent public sidewalk areas and parking areas no less ftequently than once each day that.the business is open. (1) 2.17 Public telephones. inside and adjacent to ,the establishment shall be modified to prevent incoming calls. SITE PLAN, FLOOR PLANS ~ ELEVATIONS (4) 3.1 Exterior elevations.of.the building shall indicate any existing or proposed fxtures or equipment to be located on the roof of the building; equipment heights and type of screening. All roof mounted equipment, vents, exhausts or other .roof penetrations shall be located a minimum of 6 inches below the top of parapets. (3) 3.2 Three (3) inch striping detail. shall be shown for all parking spaces. Handicapped, markings shalt be .provided on .the .designated accessible parking space. (5) 3.3 .The project shall •meet all applicable requirements set forth in the Tustin Security Code relating to commercial stivctures; including lighting and locking devices. The City's Security Ordinance requires that lighting at_ exterior doors, driveways, and parking .areas s,hail provide a minimum of -one (1) foodcandle of illumination: All exterior lighting shall be consistent with the center and arranged so as not to :direct. light or glare onto adjacent properties or streets. (1) 3.4 Plans for a trash endosure shall _ be submitted to the Community Development Department for review and approval. The plans shall include information regarding ,the proposed self-closing and self-latching gate, size dimensions, setbacks, colors and. materials. The trash enclosure shall be at least sac (6) feet in height and comply with the Great Western Reclamation standards. The trash enclosure size shall-have the ability#o accommodate the City's recycling program. (1) 3.5 The existing landscape planters on the site shall be repaired, irrigated. and planted. The planters and landscaping materials shall be continuously maintained in an appropriate manner. An automatic irrigation system shall be installed and the landscaping shall be watered on a regular basis. All weeds and dead landscaping shall be removed immediately, replaced, and maintained with healthy plants. . (1 } 3.6 The existing monument sign for the restaurant shall be repaired, painted, and/or replaced. Anew sign shall comply with the City of Tustin Sign Code. Plans shall be submitted to the Community Development Department for review, approval; and permits. Exhibit A Resolution Ho. 99-29 Conditional Use Pem~it 98-029 April 19,1999 Page 5 BUILDING DIVISION (3) 4.1 In compliance with the Uniform Building Code (Application for Permit) and prior to the issuance of a building permit, the applicant, designer, Architect ar Engineer must submit building plans to the Building Division for review and approval. (3) ~ 4.2 In compliance with the California Code of Regulations, T'tfie 24 Part 2, Accessibility Standards, and prior to the plan check approval, the designer, Architect or Engineer must provide designs for accessibility for the- physically challenged to the Building Division for their. review and approval prior to the issuance of a building permit. (3) 4.3 In compliance with the Department of Justice (Office of the Attorney General) this condition is for the accessibility for the proposed project, the designer,, Architect or Engineers proposed project must comply ,with th® Americans with, Disabilities Act (ADA) (Federal Register). (3) 4.4 In compliance with the Tustin City Code, (Health Code) and prior to the issuance of a building permit, the designer; Architect or Engineer must submit plans to the Orange .County Health Department for project ' approval; and. must submit the approved plans to the City of Tustin Building Division for their review and approval prior to the issuance of a building permit FIRE (3) 5.1 Prior to the issuance of any building permits, the applicant shall submit to the ~ Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private; the system shall be reviewed and approved by the Fire Chief prior to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system, in a manner meeting the approval of the Fire Chief. (3) 5.2 Street Markings: A. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans. shall indicate the locations of red curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Exhibit A Resolution No. 99-29 Cond'-tional Use Permit 98-029 April 19,1999 'Page 6 B. .Prior to the issuance of the cerhiicate of use and occupancy the approved fire lane marking plan shall be installed. The plans shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. (3) 5.3 Prior to installation, plans for an approved fire-suppression system for the . protection of commercial-type cooking equipment shall be submitted to the Fire Chief for review and approval. FEES (1) 6.2 Prior to the issuance of any building permits; payment shall be made of elf applicable building and Orange County Fire. Authority plan check and permit fees to the Community Development Department, based on the most current fee schedule. (5) ~ 6.1 Within forty-eight (48) hours of approval of-the subject project, the applicant shall deliver to the Community Development Department, a cashier's check pa able to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentat~n for the project. If within such forty-eight (48) hour period that applignt has not delivered to the Community Development Department the above-noted check, the statute of. limitations for any' interested -party to challenge the environmental determination under the provisions of the California Environmental. Quality Act could be significantly lengthened. s:a:resd99-29LL.doc RESOLUTION CERTIFICATION STATE OF CALIFORNIA . ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION N0. 99-29 Pamela Stoker, City Clerk and ex•officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held 'on the 19th day of April, 19,99, by the.following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED COUNCILMEMBER ABSENT: Saltarelli, Worley, Doyle, Thomas None NonE Potts.. Pamela Stoker,' City Clerk ~'~V ~S Community Development Department _ City of Tu sti n ENTERTAINMENT PERMIT 30o Centennial Way Tustin, CA 92780 BOURBON STREET RESTAURANT -14131 REDHILL AVENUE (714) 573-3100 Proposed Entertainment: In conjunction with a full service restaurant, live musical entertainment and public dancing is proposed within the designated 1.50 square foot stage and dance floor area in the cocktail lounge on the lower IBVeI of the subject restaurant. Tf~,is permit is APPROVED by the Community Development Director. Issuance of this permit is discretionary and this permit is subject to revocation if all conditions of approval are not met. The applicant and property owner will be cited if they do not comply with conditions of approval and formal revocation proceedings will commence. The applicant and property owner agree to the following conditions imposed by this permit: A. The Entertainment Permit approval shalt become null and void if any of the Conditions of Approval in Resolution No. 99-29 approving Conditional Use Permit No. 99-029 are violated. B. Any violations to these conditions shall result in revocation of this permit. Upon revocation, the applicant and/or owner shall be responsible for removing the stage and dance floor area within 15 days of being noted by the City. All live entertainment and public dancing shall cease upon notification. C. The Entertainment Permit may be reviewed every six months, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with the conditions of approval. If the use is not operated in accordance with the Entertainment Permit or the Conditional Use Permit No. 98- 029, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may revoke the Entertainment Permit. D. Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. E. The applicant shall cre responsible for costs associated with an~~ necsssan~ cadG enforcement a;,tior.s. F. `ive entertainment anc aubiic dancing shal+ hQ ~acatec~ antirei~~ within the mtArior ,af the restaurant during normal business hours. r. f'~n ceXL311~' n~jcntorl huSln°°° gulf hn :~~-1,;IJtBC' .~.- tic. R-~~~T1.''~,i ~='. /. {...1. ... J. J.. LtIV ~t 1.1 ~ ~. Sa.,.. a~ H. The applicant and/or owner shall be responsible for complying with the City of Tustin Noise Ordinance at all times. I. This permit is issued to Lany Smith the owner of record of the Bourbon Street Restaurant and shall be non-transferable. Anew permit must be obtained far any change in use or ownership of the subject facility. J. The applicant shall hold harmless and defend the Ciiy of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this permit. ~ Re~J ~'// l~~rta, r~ah7; l`hc Date ~' .~,r . Elizabeth A. Binsack Lar mith, Director of Community Development Bourbon Stree'~t Re t urant LL: eab/bourbonstentPermitdoc Exhibit ~~`~~~~' ~ ~~TZ~~ ~~s ~ ~ouN~~~- 14131 Rest hill Avenue Tustin, CA 92780 Ot'EN 7 DAYS 41'M-11AM SUNDAY-THURSDAY March 3, 2000) '~ 12AM FRIDAY ~ SATURDAY RECEIVE D (7'14)665-2709 MAR 0 3 2006 Scott Jordan Police Chief 300 Centennial W ay Tustin, CA 92780 COINMUNITY DEVELQPMENT Elizabeth A. Binsack Community Development Duector 300 Centennial Way Tustin, CA 92780 Re: Conditional Use Permit 98-029 Dear City Officals: I want to thank you for taking the time to meet with me personally on February 17, 2006 to discuss concerns the city has about the above noted conditional use permit. At the outset I would like to say that I have always welcomed input from city o>~`icials and have always atoempted to conduct myself as a responsible business owner in the City of Tustin. I have no desire to engage in, perpetuate, or allow the type of conduct you described. In fact, I would appreciate it if the city would provide me with additional information so that I can more effectively confront the undesirable conduct that is apparendp occurring at or near my establishment. I'm convinced a better dialogue would go a long way to creating a better understanding between Fitz's Pub and the City. Understanding leads to compliance which in turn leads to better use of City resources. Perhaps Sergeant Paul Garaven and I could meet again to discuss specific actions to be taken in this regard. In response to your specific request, I offer the following corrective action plan. This plan will, I think, create an establishment more in line with what the City of Tustin envisioned when the Conditional Use Permit waa initially granted. Please understand that I am the successor to this Conditional Use Permit. I was not present when it was obtained and therefore not a part of that process. Consequently, our February 17, 2006 meeting was really the first time I was made aware of the City's concerns in regards to the granting of the Conditional Use Permit initially. coRRECTIVE Acrlorr PLAN STEP 1• MANAGEp,~GU•r~~,tp1 OYEE C~---GE-S' On February 20, 2006 I terminated over 50% of my e~ ~ ~~ a m ~I ~ wmaunhappy significantly more restaurant experience than the pre ge the type of clientele prior management seemed to be catering to. I believe management and employees have a dramatic impact on the operations ~ the b~k In fact youe1will note that at ultimately I am accountable and I am not~ust trying p our meeting, prior to me having any knowledge that the City had concerns, I informed You I was about to make many personnel changes. Three days later I did. Mr. Ted Russell sad Ms. Heather Bausch are my on site managers- Additional inf°rmation about them can be provided should you so desire. This one change alone will have the most dramatic impact on operations. I encourage you to introduce yourself to them and see for yourself. STEP 2: ~~ ~` T'`T' >~»~ F~TERTAII,IMENT PERMIT Please find attached a copy of the live entertainment permit issued by the City of Tustin to me on July 7, 2003. It is my understanding that this permit is vahd until abandoned or revoked. I note that I am required to provide a "list and appropriate information of the proposed entertainment" to the Chief of Police. Please provide me with either a fax or email of the Chief or his designate so as to facilitate compliance with m as I bell a it may be unfair to selecti ely dd ethis burdenet t permits are required to do the sa my establishment alone. STEP 3: H(~t1R$ OF OPERATI4~ (bow Kitchen &c Facility) Our hours are 4pm to 11pm Sunday through Thursdd at the front of the building. Our kit hen is Please find attached a photograph of the hours poste open the same hours so that food is available at all times. Please find attached a copy of our menu. It should be noted that at times in the past I have had cooks either not show up at all or show up late or leave early without permission- I have ~, oho ~ eithez of these emventsuoc ~ again we malfunctions that prevented me from serving will close facility until we are able to prepare food STEP 4:.FtF~TAURANT USE: I contend that the facility is operated as a restaurant. I will agree however that I am not terrain what that means and I have no intent to parse words. We have utensils, table service, and condiments. It appears that the Citq is requesting that tables be organized or "set" in a particular fashion. While it seems difficult to identifq a particular table setting, its more important to comply with the intent of the condition. Again, in keeping with the spirit of your request I offer the following: -Each table will have a container which will contain: multiple utensils, menus, assorted condiments and napkins. -Servers will be instructed to ask each patron what they would like to eat, as opposed tv what would they like to drink. -Only 2 pool tables will. be inside the facility. Eating tables will be located on all three levels. -Seating: six of the tables are "Pub"tables. They are large enough in circumference to seat four(4). These tables are higher than normal table seating and is the same height as a bar stool. We have eight (8) regular tables that can seat up to(6) or more if extensions are used and two (2) booths. Therefore there is table seating far approximately 76 patrons. I will provide photos of the table arrangements for all 3 levels on or before Friday March 10, 2006. Upan your receipt, please advise me if you believe I am in compliance with the restaurant use condition. We can ~, Certauily wiU provide only four (4) bar stools on the main level and twelve, (12) downstairs. It is my belief however that the svoois are actually more conducive to eating. Standing at the bar will not encourage eating. For this reason I would like to request that we be allowed six (6) stools on the main level and fifteen (15) downstairs. Another change that I believe will not only encourage more eating but be consistent with restaurant usage is to aQow tables on the patio. The appearance of the establishment would be more "food friendly" and restaurant oriented if three ar four tables, appropriately "set", were outside. This would also discourage the "smoking patio" feel that appears to promote littering and loitering (please find attached photos of signs prohibiting loitering). On March 10, 2006 I will provide photos of the proposed patio seating we would like to be allowed. The patio food service would have a dramatic impact on the appearance of the establishment and would provide a strong incentive to prospective patrons to dine at Fitz's. 'T'hereby increasing food sales. To further enhance the restaurant image, employees are not permitted to smoke in the front of Fitz's Pub (this has always been the rule and employees have ignored it). I can not control the irresponsible acts of others, but will do my best to minunize it. Again outside table service will greedy reduce amoking/littering/loiteru-B in and around our entrance. ~p 5: nv[:RFASF FOOD SALES It is my hope that these changes will result in greater food consumption. Changes in staff, atmosphere, and clientele have all been directed towards increasing food sales. I assure you that every effort is directed at increased food sales. Quite frankly our economic viability depends on greater food sales. I do not have today an audited financial statement and schedules separately identifying gross sales of food and alcohol. I am in the process of procuring such documents. The two weeks I was given to obtain them is just not enough time. My accountant, as I suspect most accountants- are at this time, is extremely busy during this tax season. I would respectfully request an additional sixty(60) days to get these documents. This is not an idle request as I have shown significant progress in the two weeks I was given. I thitilc what is more important to the City is actually increasing food sales. I would like to propose the following as a solution. Fitz's Pub will provide quarterly sales reports. So long as these reports show an increase in food sales as a percentage of total sales, the City will provide me with the opportunity to comply with this condition. CONCLUSION: It is genuinely my desire to render this establishment an asset to both myself and the City. It is my understanding that the location has been problematic ever since Chuck's Hawaiian Steak House vacated it. I believe that if the City will work with me I can make it a source of pride for Tustin. Exterior improvements such as paint and signage will further assist in creating the environment contemplated when the Continued Use Permit was initially approved. I'm curious if the City has any re-development funds or programs to assist in enhancing this area of Tustin. As you are aware extensive road work in the area has gone on for almost as long as I have owned the establishment. First the State with I/5 RedhiQ improvements and now the County Sanitation District with sewer improvements has made it very difficult to conduct a restaurant business. Finally, I wish to reiterate my intent is to work-with the Citg and comply with all conditions. I am not here to quibble and draw $r1e liens of compliance. I would ~ ask that the City be patient, allow time to "turn things around" and give Fitz's Pub the opportunity to show that it can be a benefit to Tustin rather than a detriment. Please be advised that the best way to contact me is at my office located at 600 North Tustin Avenue, suite Z60, Santa Ana, CA 92705 and telephone (?14)558-9500. Correspondence or telephone calls directed to the establishment itself either does not reach me or is significantly delayed. Very truly yours, C~ Gregory M. rald Fitz's Pub & Lounge, Inc. cc: Justina Willlcom, Senior Planner Scott Reekstin, Senior Planner/Business license Brad Steen, Code Enforcement OfRcer Department of Alcohol Beverage Control '~ •C: IrMr~YIY~ rYl'LIIY~YIIIIII~Y}Ill~r~iyyry~r nlpYlw~Yy~u4Y~Y111UY~u~plYlr~Ir.~yy~YO1~Y 3 ~ - ~ _ 7 '. 3 ~~.. .. _, ., it li4 "7y "~t3~Y~~ .k..~_ ...~.. ,_...... _...,,. ~-._ut.uA~-:alk.~c~:T~atticm.~a~r". i• - .. .. -..:a.•-~•....~ 1~. ~'. >~_ ... C ~ 4" YL ;4 ~ f ~Y; < Y ]. t ~. _, 2 = r ~i tr `~~~ ~~ ~; y ~ ~~I ~ y _ 4 ~ 1yf l~ Y - fj~ J i ~1 ~, ,'P , I~~. d'+ `- µ. .. ' 4` ~. {ii .~~"~- -. - 7' L a YY, ~ ~"~ i - 5 ~ ~ - ~_~~~ f. }°v7 ~r ., _a f. ..~~ ~~ ~ ._ { ~: i .. ~y~ U J _t. .~ a5 r ~ ~ ~~r~ 1£++~ i 1 t '~ i - 4" ~, a„S ti=er { ~ ~ ~+ - ~~ r ~ ~ iF: r 4ri ~s-~ ~:: ~ + I * , ; 1r n " y t ' { ~ ~ - ro ; ~ ~~L~ .l 6i .",.17'J 1 ~ h} }. "J ~ l ~ }: ~ _~. j f - ~ , ~ * W jjjj y .L - 1~•c3 ' ~'~l4 i .. ~ ~i~ ~. ~qti ~ F' ~ * ~ 'i - yy Sj {~ .-. 4~' h~N Y~ ~ i L ~~ t ~ - fi ~~ V 1 t. ~ h t ~ 1 ~' Y ~~ , th r.;~- r _ , ~ Y } r ~ c3~t ~ Sa~ 4 y ~ r ~ a. P r r ~. } - 1 y ` _ !' ~..t 1~~r T~ `` T j_ 1 ~a 1~ Y^ J~ J~'i~ - ti1~ 4"L --~ k ~ -~ - r - ~ - 4~ r~ 'F~ - " - -~.. Y . ~~ ~ If M p y ~ r~ _ ~ {~ ~ - -. - - ;1 i _ f ~ ~ ~n~ 7 ."- -~; _'L4 Y +'. ~ ./ 1 ++yy 1.'( ~~ f ~~i +tir ~ ~ ~~ } ~Y `1A1~ i ~. ,Z ~ i a ~ '~ a ,a ~ [ a~~,, ~ 1 ~K~ YG ~. . ~3 .r~ i t l~ 4 ~~~ F 'µ ~. .; Q ~~~ Tµ~ +: + x - '- ~:, dF' :.-~ ~x Y 4.-'C~'~1. y , 3 :, „, t x ~~ _ ~ryr:?~+ . ~r ~,~;~'~ sr ~ ~ <,r `~g~:: 4 If Y d f ,~' L 1i S~Y ~ "..1~ ~. er+ t , _~ t A ~~ 1. L ~ t, .a. 4.+~,4. ;4,. ..f~~ ,..,.~, ' .... X y ~~ ~ ~ 3~ L y ~ tt x ~~ 7 ...s_~ u..~y 1 ~1~ ' .~ ~~ t f _ rs'f '.,F Yi ryt_ ?'~ .,mss .: ~" r. ~... _. _ ~ ._ 1 ~+lF w ": ~'" 1 ' ;, ~ T` r. ~v { fi r ~r '* S ~ a 4 ' ' ; ~ rr ~'' 1FA7 i- {~ ~. - ~p~f 'C .ty .i ti t ` L 4 f~~ ~+.T ^ l F Y X18 P ^; r ~ ~;°~~` .~ a ~2L' + "'~~. c ~ r ~ ,:.;fir fi ~' 2.'? ~~ ~` 3 ~'-Yft r ~ 1 -r 7,`'}' w~ i, t _~ ~ 4, { n ~r ~~~~ s ' " i -f ~ } ~~~~~ r a 4 I t . ' h ,-~' t ~ c ~ m;2: ~ m ~ ~ ~ , a ~ y ~r ?, ~r t-, t yyyy .`tT' r ~~- - ~ ~ ~ 0 1.ff + y~r 4 ,Y,i r b ~ ~ .. ~ 3 7" ~ fit _`3^ ~~`~~ ~ - " i a - 1 .~_..___t_ _ ._ __F_, ...~`. .~ 'F .'... r _~~ .._ ..__ __ 5.., ~ ,~ ~~ ~\~ t ~{'~~ 1 y ~~ ~ , '_~ .e ,Y s <'~~ ~L~ - r=f~ , :, f ~~ r ~ { ~:F T..7 ., ~ ~~ 1 { * .. ~ } _ ^+ 1 t ^y ~. ~ ,: - ^~ii~~' ~. .. T ~. -_ :~ ., t t y ~ 2 ~ ~, `' f.Y i1 '.. ~"~ 2 ~Y` t 4 r. ~Fi.. ~ ~ J P f6~< .r„ ~ - ~. r +1'+~rts ~ sn .s ~-Y j t ~t' n.-: "~'t{ _ Y 4 ~~~ ~ 1 ~~. `t J~~ 7 ~: .~ ~. ~ 5 T 2 N , ~ „ ~ :,1 ~e._ .. a ~3 ,~~ .. Exhibit 7 ~ FITZ'S PUB ~ LOUNGES 14131 Red hill Avenuc Tustin, CA 92780 01'EN 7 DAYS 4i'M-11PM SUNDAY-THURSDAY 4F'M 12AM FRIDAY & SATURDAY March 17, 2006 (714)665-2709 Elizabeth A. Binsack Community Development Director 300 Centennial W ay Tustin, CA 92780 Re: Conditional Use Permit 98-029 Dear Ms. Binsack: Please find enclosed photos I referenced. in my corrective action plan dated March .~, 2006. I apologize for not getting them to you sooner. I am in the process of creating a new menu to delete any cocktail reference as well as enhance food service. I am also consulting various "restaurant consultants" and contractors to review improvements to both the food service and the building exterior. Also enclosed are photos for the proposed outside seating. Your comments are always welcome. As you can see, I have not forwarded copies of this correspondence to any of the previous recipients. Please let me know if I should do so. Very truly yours, Gregory M. F enclosure ,: ~,.~.' ~. ~., W,~J P ~ ~ ~ 1 __ ~~ ~a ~ .Ar f ~ . ~,. f~ 7 .t ~w • X7'~7 „~ r M- . ~ . . 7 . ..r ,. n. 3_};-: ~# ~~'-~. j ,:, =~.~. S t ,~ ,, >~: ^. ,~ -~~~ __ ;;~, ~ `, _~-: Exhibit 1~ Community Development Department March 30, 2006 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92705 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3100 SUBJECT: VIOLATIONS OF CONDITIONAL USE PERMIT 98-029 FOR FlTZ RESTAURANT LOCATED AT 14131 RED HILL AVENUE Dear Mr. Fitzgerald: On February 17, 2008, City staff met with you to discuss the violations of Conditional Use Permit (CUP) 98-029 approved through Planning Commission Resolution No. 99-29 for the .Fitz restaurant located at ?4131 Red Hill Avenue. At the meeting, the City provided you with a letter delineating the violations and requested a corrective action plan. On March 3, 2006, we received a corrective action plan and on March 17, 2006, we received afollow-up letter with photos referenced in the corrective action plan. Upon reviewing the proposed corrective action plan, we offer the following required actions and schedule: 1. Cond/tlon 1.8 of Resolution No. 99-29: Audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol must be submitted to the Community Development Director for annual review. The gross receipts of food sales must exceed the gross receipts of a~ohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. Fur's Proposed Correct/ve Action: Fitz's will provide quarterly sales reports to demonstrate an increase in food sates. Fitz's requests an additional sixty (60) days to produce the report. City Response: An audited financial statement and schedules prepared by a Certified Public Accountant demonstrating the gross receipts of food sales exceed alcohol sales shall be submitted to the City no later than May 1, 2006. 2. Condition 2.3 of Resolut/on No. 99~-29: Hours of sales of alcoholic beverages shall be limited to the. hours when food is available. Service of food menu items shall be available during all business hours. F/tz's Proposed Corrective Action: Fitz's kitchen will be open the same hours as the establishments. Food will be available at all times. Fitr March 30, 2006 Page 2 of 4 City Response: Food shall be available during all business hours. The City will monitor and visit the restaurant to ensure this condition is complied with. 3. Condition 2.4 of Reso/utton No. 99-29: Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing time. Fitr's Proposed Cornective Action: Fitz's hours are 4 pm to 11 pm Sunday through Thursday and 4 pm to 12 am on Friday and Saturdays. City Response: The City will observe the business hours to ensure compliance with this condition of approval. 4. Condition 2.9 and 2.14 of Reso/ution No. 99-29: Authorization for the on-site sales of beer, wine, and distilled spirits (ABC License Type 47'7 are contingent upon the use of the subject premises remaining a restaurant. The entire facility, which includes all three (3) levels, shall operate exclusively.as a restaurant. During business hours, at least 80 percent of the premises shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. Should this use change or be discontinued, authorization for this use permit is null and void. Fitr's Proposed Corrective Action: Fitr's contends that the facility is served as restaurant Each table will have a container which will contain multiple utensils, menu assorted condiments, and napkins. Servers will be instructed to ask patrons what the would like to eat, as opposed to what they like to drink. y City Response: The City will observe the proposed corrective action and will conduct an inspection to ensure compliance with conditions of CUP 98-02g, 5. CondlNon 2.15 of Resolution No. 99-29: "No Loitering" signs shall be posted at the entrance of the business. Fitz's Proposed Corrective Action: Signs prohibiting loitering had been installed. City Response: Action noted. 6. Condition 2.16 of Resolution No. 99-29; All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open. It was observed that cigarettes were thrown b into the parking lot and the arkin lot a y patrons and employees on the ground p 9 ppeared unkempt. Fitz March 30, 2006 Page 3 of 4 Fitz's Proposed Corrective Action: Employees are not permitted to smoke in front of Fitz's. Fitz's cannot control the irresponsible acts of others, but Fitr's will do its best to minimize it. City Response: Although Fitz's cannot control irresponsible acts of others, it is Fitr's responsibility to clean up after its patrons. As conditioned, Fitr's shall remove all litter from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open. If necessary, Fitz's shall employ on-site security personnel to ensure appropriate behavior of its patrons. 7• Bar Seats; On September 23, 1999, the C' a coin operated video games, one (1) billiard poolpt blefor every 2,000 seuare five (5) gross floor area not to exceed two (2) tables maximum twelve (12) barr seatsf nethe lounge area, and four (4) bar seats within the main level dining room. Fltz's Proposal: Fitr's is requesting additional bar stools such that six 6 stools be located on the main level and fifteen (15) stools downstairs. () will City Response: Consistent with the City's Alcoholic Beverage Establishments Guidelines, a restaurant may only have a lounge or bar that is ancillary to the main use of a restaurant. Fitz's shall comply with the approved Conditional Use Permit and ensure immediate compliance therewith. 8. Flu's Proposal for Outdoor Dlning: Fitz's is requesting for three (3) to four (4) tables to allow for outdoor seating/dining in the patio area. City Response: No outdoor seating shall be provided without proper approval of a Conditional Use Permit from the City. Staff has concerns with the proposed outdoor seating and will not be supportive of the request. Outdoor seating, if it is not managed properly, would increase the noise impact, loitering, and. littering. In addition, a modfication to the State Alcoholic Beverage license would be required rior to establishing an outdoor dining area P 9. Fitz's Inquiry on Redevelopment Funds: Fitr's is inquiring if the City has redevelopment funds available to assist in exterior improvements such as signage and paint. City Response: A representative of Fitz should contact Mr. Jim D Redevelopment Program Manager, at 714-573-3121 for information on redevelopment funds. Please note that the above corrective actions shall take effect immediately. To ensu compliance with CUP 98-029, the City's Code Enforcement Officer and the Police Fitr March 30, 2006 Page 4 of 4 Department will inspect the property frequently and unannounced. Further violations of CUP 98-029 would result in proceedings to revoke the Conditional Use Permit. If you have any questions, please do not hesitate to contact me at 714-573-3031 or Justina Willkom, Senior Planner at 714-573-3115. Sincerely, '~/ ~ _ Elizabeth A. Binsack ~~' Community Development Director Scott Jord -- Police Chi • cc: Paul Garaven, Special Investigation Justina ~Ilkom, Senior Planner Scott Reekstin, Senior Planner/Business License Brad Steen, Code Enforcement Officer Jim Draughon, Redevelopment Program Manager Department of Alcoholic Beverage Control Exhibit 05/04/2006 11:13 Oa/03/i000 21:11 FAI From: Floyd Fro per: 5/3/2006 5:42.43 PM SubjacC fW: CUP 9b-029 Ta Bipi. 8w* 4l281,200lf 8.41 fWl su6ret C{R ia9-Q29 Mt~. HM"lsaolc PiMSe sae tho attat~d rtMr_ Ther~lt rou. Floyd Fgrar~o r+c~ F :~~ vary ~ ~ ~ FARANO & KIEVIET PAGE 03/07 X002/OOa page 1 of 1 fl1aUC~\Doc~ aydtiLocaN~6ZOSe~gs\TemplESB03DFfr118F~,._ 3/3/200b 05/04/2006 11:13 odios/sooe 21:11 F,A~I Ms. Elizabeth A. Binsa~ck Commtaniiy bavelopment Dirocrar City of Tustin 1tE: CtJ~' 98-029, Fitz ~t,14131 Red ~iti Avenue DeAr Ms. Bock: PAGE 04/07 ~OOJ/008 My ~aame is Floyd Paran~o. I aoao Of Cameel witch the law firm of Farnuo and Kiaviet. We ate located at 2300 E. Lila Awe., in Anatheirn. Qttr telep'buon~e mu~atbrxs era: voice ~~~r~ ~itcsinnt~o~r~~, Our fum was him rY Nir. Fitzgcratid.late in the afternoon of Apry'17S to rop~ent him in the matter of true state of his campliantce wi~bt ilte subject CUP. I am xttg yam, by emit, bocaase Y am out of own mttd will nQt retaUd~ aat3l Friday Apaxl 28, 2006.. ~. Fitzgatatd rrtai~d us because isc t+esll~- has vest little lmoq-ied~o of these matte ~ because of our c~nsiv~e sud varied ~ in coda eaf+tuceaamt rname~rs. Men>~S of tho firm luwe aeeR'vved on bout tdty and cou~rty P~ Cotam~iona, rap~onbed crti+es as acaoRract cx~sel its c~ ~t uses and l~utdrada of clie~ fit. such mattmra. We believe that we are ab1tR to nts7ze tl~a ~ amd ktaowled~c that wa ltstve 1 from "bah eidos" of cods aatoi+cemeut issues. r t Oa Monday, May 1 Mr. Fitz~era>,d is expected to comply w~ a rogsest mAde of ~n try yon dot. I would very nn~ott ~itce to moot vrrth yon at that date tQ dyscue t#tst request;lVlyr, Fmge:ald's oa~pliaacvc or lack tl>e~of with ~ ~ t~ aad ~ ~, dtc city Ofr~. Mr. fittrges9ldbaa fenced copies of tl~ ccrnh+olliug daces to m,e. I intend to pfiysicoilly t tho bn~tmao in quesdo~n iooRUed~tly ~,~y zettirn on tbs 28th and will be, abk and prepared to discuss alt of ~ issues with you aed/ar any ~alx~s) of your staff at the tiraEe a~our moa~g~;ahouid You so agrex. FARANO & KIEVIET 05/04/2006 11:13 ~~ FARANO 8 KIEVIET Ob703/l008 21:11 FA.a --~ i calf nd remember of ev®r bava~g reprc~t~ed a client iri The City df 'Tustin, howevar, those with whom I bava arorloed know that my pxacticc is m soh-c problcme taxxter thaw employ dsiaying tactics. I aay t~nis t,~ Lctyon lpaow that I did not agree to reprint Mr. Fit~ld to ba a new face that is being used m decay the aotution of ltis prableme. I stand bad sidm of the i~eue and rape that I eau help to such a solution t~ satisfies . i spy trope teat you agree to naeec with ms either an 11~ay t or vn a date aad time suiteible do yva and/or yaar I haver aug~tod Msy t only becau~sc twat is the datAa an vvl~ch Mr. Fitzgerald was to have ttcd inforna~tian and da nd ward ttmt date to piss witlxmt a positive wort oa o~ ~- Hvpefiilly n vvilL respond to mq- z~equast either by email tio: tat to ads at and ~ ~- ^~ leaviag your responec with the operatar. imail w~"11 zcaah me more quciickly. I apolog~s fac the latgdese of ttzis request a+od thank you for your considerstioa~ X lov1~ i~w~d. u~ n you a~td contn'bQlingto the aolntioa of a p~vb~abo~, I knave is s traubli?o~ "psiu"r--~o ose the vernaaatar. Very truly yo~~ra, /s! Fivyd L. Fsrana, for Farano and Kieviat PAGE 05/07 QJ004/006 2 Exhibit 05/04/2006 11:13 FARANO & KIEVIET PAGE 06/07 03/Oa/E008 RJ~:il FAS ' ~006J001 Ps~e 1 of 1 From: Floyd Farano Ta lboth A Binsadc Oa>b~; 3111d4oe To_a5:27 Ai~t 9~t~ect: Fitz'a Pub M~. B Todly M the dey that Mr. wM duQ to r~tpand to the rtq~~st ot~ City Ort ltat>n for iniorn~ffon,lNy- evrFai lot~tr of A~pril29tlt Mnd is trf~ttag~ tcdpy rac~se~q a mevtlrp wdtt you ancYar your choarn OgfF m+rrrbers is Iraandad t4 hill f~ > oDnpatl0~t 1 hev! nMimed tlvrtt my trip, reYfewed 8w appraprt~ale dooumar~ and hipac~ed the P~'1~ to c~~atllort and am propa-ed ~ ~ ~ s dlsvti~on of any scope aortcpwnir~8 AAr. Ff~aida pert. 1 wadd 1Ats ip alrar~ s mawtlnp at your eat aornec~nce.1 ~ra#I tMa~ ~o +~ewlea you In adv~ fief tl~e aoadur~ir~ inlorma~on~you req~wswd has not es yet bNr'i oarnpMbed, howr+-~. I befere ~ t rrieet~irg 4van wAttoc~c that kdon wvi#! be pf~OdlaOtivti. You thadd ~ bt adWted B-at Mr. FIIzQarald M In ttrbt~ diaa~tkxt wlfl a pcorpa:IJ-~e PurcF~ of "Fikra Pull'. ~w ptasp~fvd pu+~war it t11e euaoattt~tE oFwalot d several tit darn a.1R wa~ld ba ar b~eentlan Eo fulry dticbee a1 dt?~lt the pr~olt ~ ~ Noon ~tw otrtaht tl~t hls mgbodt meet the eocpodogeens or fie (~ok 1~orward fiv your teepanae. Fbyd Farano Fta ~ Fart t Ra!vo1~~0u, SAC:1Dowmaras''/.220SttHngalFtoyctlLocaings\Temp1FLP41F.tmp 513CZ006 05/04/2006 11:13 ~ FARANO & KIEVIET PAGE 07/07 0!~/O,/t00e 51:11 FIII ''1"4111: ~Id F~I~nQ 'i"o: Elizabeth A Bi118~Ck t~i~{iw `~'~ ~1tz~erald~ ~ agn'iltfl, TOfR ICFAVil~1t oats: 5J3rlooa ~a.2s:~2 ~ Subjset CUP 88-Q~s~ ~ g ~ 008/008 P'a~01 aE 1 Not hsvinp received a »~ponse b my raq~wist for s tlresd,o w8tr you oancxmfrr~ i111~ ttttih~ of Cl~' 9~9 ~ ttm axar* a~ roqueelhp that sul~il a meatlnp tolos plans atthe e~srbsat opporb~ritty. WMh ~w ri~osptlorr of today and Frldsy !~- ~, 2dOS i aan aoonrrlrncgglr ~ Lima that Is oorwsnisrrt }ior you andlor yocr sslsrtad sttdf matrtbsrs. u~~a~a wss preser~ and ~ tft~ Serpee~ 9potc~ qF oortr~N proa~ct actl~rl d Mr. Pllz~eraW sna ~ cort~dsr oommvnts r~stttp Eo prw~tllWfon ar tb! orlmhei s tp ba axtt+srrtsly aerktus h r~una to tha aartent tttst 1Nsy pro0sl~- override tha Ct1P pno~bbnta. Ca,saqustlly we am most nroriaua t4 toAow ~ on tifsss contrnarta. Wil want yaa and other ~oribsa in'Mtln b lelow ~ such wit rat ba cdmbonaraod and }!'wkwa wlil put'surr ti't• erteef, end cott+rfoUart of AA{Y ONE who anaages therein. 'thfa t~nA ~ ifwt ANY MtMT ~ which my bars occurred. is oots~rtNlp or is plsrrted Ua oaxr new or in tttsfi~ette be lrntrtsdistsly bro~ttpttt tts the albsnuon of AAr. FBagarald and myss~ I would ala f8ps io haw iiw twnrts d ~ Polbs ~argssrrt in t~taadorr. i would iks bo speak by hhn aaAoerri~p this sid~albn. Wit dMirtit~r want b purses ftis ail~Hart to • oorsSAaafon t1t9 quiddy ors pOpibls. t.sagy. ilyou would p~srthat my auDpasled msetlnp be held wilh tha C~ly Atbrney as thri hsrJ watt your ~f f pisw msias 1hs srrar~entsnts in ~'~t manr~. Or, ~ y'a+ ~Ihsr'Prellar ~'a1t l aclrar>~ fit tt~egrt~ wiM~ ~'Is C~-Attclney thsR will br ttlawl~l m~ To ba hripf, I aril vrp~ to haes thY meafkt~ h an0r manner, tirrts~, plaC~;, web artiy staAt+~q ar nuulRtiod cf ~ that n>Mlll your pralilwaa E ktok 1brv~i b yecr rsaportsa. PwctyO Marano ~~ ~~~ lydc Revohnes Arot,tnd You filellC:lDoat®c~t~s3i~batr~.4r2USettiagslFloydtT.oca1°rti243dtfn~gslTea~tv~.P3BA.tniv 5!3/2006 Exhibit 05/04/2006 11:13 Ob/0~/t00a 21:11 FAI From: Fbyd Far~tlo Deli: 5J3/2008 5:02:43 PM Su~~ F1N: CUP 9b-029 Toe El~+sr~~~ >>Jw~ N2 X41 A1M CUP 999 MR. 811p4C PiM~t sso 1t-Q altatNd 10lbOf: 1A~r~k yoti Floyd F~raro ~~~~~~ ~ WFy NieIC! INov~ b 6 FARANO 8 KIEVIET i PAGE 83/07 00~/OOd gage 1 of 1 91a//C: o~-dlLocatX2bSet~galTe~IF,SB03Di~~118F-.._ 5/312006 05/04/2006 11:13 odioaitooe u: ii F',Ai Ms~ ~irsbcth A. Binseck Corotutmity Davelopmesrt Diroamr City of Tustin RF: CUP 98-029, Frtc Re~ur~m~t,14i31 Rvd AIn Avg Dear Ms. Binaecac: PAGE 04/87 X00!/00~ ^_ lb~y ns~ne ~ Fsrano. I am UfCawsel widz tho law tat ofFarsan and I{iav~i;et. We ste locatad at ?.300 l;. K~c0a Ave., va A~rlteirn. Oar tielepbeoas awnlxre are: voice ~~~~ fa~atilC . Oar fum w~ ~iuctid by Mt. Firzgcrald hme in tl~e af~oon of A~prt`125 ~bo rep~aeat dim in the wear of tl~e stabs of b~ coatplia~ wiab, tote sgbrject CUP. I em u~ ypQ by e~ bec;sose Y axn out of awn aadwili most rotat7a, ~I Apni128, 2006.. Mr. Fif~exald cetaiaed au baasuse late ~Y beu very ~ of tbwe maaa~ sod b of our p~npve and varied ~ iu coals ~' rn~amera. Members of tla~ .fan 1'~ve aeitvcd; as bob ~ aad co'n~ctY ~~!~, ~ as a oaroaei in code e~os+aamemt c~a and ba~dred: of clieoabr Inc ~ . Wa believe tZiat we ar~o abbe ~ t~i~e dta ancc and i~otowiedgc that we 1lttve tearn,ed from `9x~ cddos" of cair an~ot+ceon~t is~ei. r Oa Monday, A+Iay 1 ~ Fif~neld is o~cpectcd ~ ~,~ ~, e msde of b~ by Y~ ~p~adt. I w~a~tld very mush bitie ~ ~vot with yroa ao tlart date tv discus tbst i+agttes~, Mr, Fstage;ald's ooocaptisnoc a~ lack dier+eaf with the subjeQt CUP and bas 1iu4n+e ~ the City Of Tusdo. Mr. F~e[aidl~s 5taed aopiee of the co~ollhtg dock #<i m,a, I end to ~rii~11Y tbio bit im iemmadr ~ ~y ratan on tbs 28th sad ~vvill bQ able sod prepoau,ed do dtecttad alt of $ue issue widt yoo Aod/ar any ~nber(a) of your staffst the time of omr moedeg-~shoutd yon so agree. FARANO 8 KIEVIET 05/04/2006 11:13 FARAD 8 KIEVIET oa~oai:ooe =i:~i Fez ~ .-.- I cau na amber of ever having ~ropr a client io'The City of Tustin, howev~cr, those with wham I haves wvrlaed lmow That my paractice is oa solve pxobXema than e~aapivy delaying tactics. t ~ ~ to uet you lc~w tbact I did not awe to represd'nt Mr. Fit~rald to bye a new face that is bening used m delay the ealutian ofhis problems. I vnderstar~d bath sides of the i~ne and nape that X caua help tQ n a eolutian t~ satiafi+e+s every~ane. I ainee~y hope that yan agree to ~oa~eet with ma a u®~ay 1 or vn a ~ and t3nx a~-ble bo yw aa~d/or your e I have svted May t only ba~usc t~tt is tha data oa which Mr. Ftizgcrnld wan ~)~ sabcoultted infbr rao~d. da tint wit tta~k date tiv p~ anthaut a pos~ve ef£ork oa oar 1~ ~tiY Y'~ vrrili ~ ~ either by small bo: oz telephone bo mY affir~e at ~~~ar~d leaving yomr reapouec witb~ the operaatior. Email w~"t1 n me moue gnnckly. I apalo~zs ~tth~ of thisa~~ and thaalc you for ~' co®sidera~or~ tYaolc #~r~rdte iron said cos~nto tlm aaL~on of a pcvb~aa I k~- is s troa~ling "paid`~o ose the vema~aoisr. Yary truly y~oa~rs, laJ Flayed. L. Fa:saq, for Farano and X:ievitt PAGE 05/87 f~ 0o4/ooe 2 05/04/2006 11:13 oa/o~itooe :x:11 Fei Ftnm• Floyd Fararto Toc Etlt A ~tnss~dc pabr; 311/~0810~05:27 ,ANi ~ubjlcr Fih~'s Pub FARANO & KIEVIFT' PAGE 06/07 ~ooa/ooe Pale 1 of 1 TocMy Is 1hs dey thAt Mr, wie due fio reeporb to the rrgiatst dthe C+~r C~' ~litin far int~ontn~pn. llbr anal fotar d' Aprlf 2~t +~r~d nNNS~pe tdd~y rv¢~lhp a mevtirp wMh You ardlar your chosen MMF rn~mbers is tilaixNQ bd ilk ~ that oWp~IforL 1 hire trltnted tton~ try trip, ra+riewrd ~ appaprt~s dooumar~s and h~p~clsd the pnrfrlTer h queef<o~n ane sm praprTgd 10 aMrM~b s coeo~wMat of say soop~ oertaenirp IYt. t=itrpitrida at~tlen. 1 ~raod t1q~ ip alranpe • nhNtlnp at your' Mrfiirt aonrenlvneo. l v~a~ld IAae 4a ~Ar you in atfN4i'a~ het the aoao~nltg Marm~Gon~You Chas not as yat tan oornpi~ed, trowwrr, l beieve tttt i mseflnp avert w~out that i'~liormrlon wv~+ld You stia~dd eyo b~ aavhid 1~ AID: FttzQarald M in ~10~M drwn~skMf Mitl1 i pcospetufw ptat~teser oT'Filts Pub'.1Tw p~vspeeNvs pur+ct~ is the ~uooeso141 ope~~lot d sevefal s~ dawn ~ ~ wat~d ba our (nEe~11011~1~- d~C10faA i1) dMe~ls v~'llrp 11'1! p+D~'~OSed e~aM10d OE Oprratb~p ttM do mYiae arbbt 11t~t ~ nwQlod~ m«t the ~pvc~leone of des Cidr d 7u~tln~-~~xiorta ~ votiurn~albn of ay aNM- I bok ibrwerd 1o Yoyr tsapattes. FbYd Farara ~~ ~ urea ~ 4~d%20S~n~1FloYdlLocat~L203ettingslT~lP.t.P41F.tmp S13R~06 05/04/2006 11:13 FARANO 8 KIEVIET PACE 07/07 'od~oai:ooe Zi:ll FAI Rrom: Floyd Felr>~o Ta: EAzsbetl~ A Bie1d>~dc Boa- Grey ~'rF~perald; tarry Smith; Tom Krw[et Dew: 51`3l20Q6 t 0.26:12 AM Subs CUP 9&02M ens. ew, ~ OOQ/OOa Pagq I aE I 1VaR havirsp rec.~eivod a taaperrsa b~ mY raq~wt for a nlsstinp wilh you ooncexr>ir+M ~ s~ d CUP 9EF024 l an onoa ~ requedirsp f-at,rudt ~ me~np talon pion at the arifeeR oppart~tty. VIfMs ~ aocap0an d zodey a~i Fr1cle~- ~4- ~, aOGA { aan aoonmmodpM anytime fwt M aon+"rilarst liar you ssdroryoer eelart~d a~-asaerebenR. tt~~ taa ~t waer praaer* and ~t ttta Sar~eerti vo~6N pr~ca~tlon ac~vlgrf~°~aor~t at AAr. Fled one ~ oor>tldar comtrwnta r+Uatinp b psaatt>trion a orYninsi ax~irtiy b b. aoer+rersaiy serb~a h nMueto tha tent lhtriay pooat>yr oMaesidr than CuP po~i~~rfa. Carsgrnl~-we arcs n~tarocioa~ b lbllow ~p en f~ e~crnmer~, Vuri wad ~ and other a<sltsor~iea h Tl,saal to blow flat auoh aathMles w11 riot be casnEanonta4d and tttatwa wl1 air ~ ~~ and convfof~an atAN1r oNe who orsMaMea >f~enein. l'11f~ satrg sdd wa adTn>~ whirls m~^p I~rw~ oc~ccrrad~ is oarurti~ or to pl~nad to occu noir or h ttsefi~tue bs lrnnseddlMy braght to the atbntl~on of Mr. Flf~garesld and myrtelF 1 wa,id alro f1r b haw f1a name dlha ~oppa ~Jaraa~st h gtseetlors. l w+os.Aoi Mee b spade to hen aplloarrisa thla sibuatlon. VII! eM/rsit~r want b purssal ftis aiuafJan b ea condAdion as quiddjr aei po~la. Laaiiy. Nyvu would prNleer that my as~aMad sha~stlnp lie held wlfUt ttM Cty Atbensy ae fM Nod topMl~ wih yv~,r sts11'pMw A'faNalhi rrar~emarsis iA f'Illt rnen~. Or. f ynu ii~pre~itsat 1 a~r+^rpa ~ mssllrsM wilts ttla Clq~Mbwnay !hM ws1 brtt~sawtMll teM Tb bey t~ f nn wii~ tw 1'rwtl~i rneegnp ~ ara- marlfler. tirsw~ pao~, wr- any mar Qul~de>rarrar~r~rit l+oemMr year ptMdrrnaa 1 look lbnrsd io yat t~por>w~ i+ioy+a ~ars•no Earfit.Wc Rerolvas Around You Sie:IIBC:IDoaume'ats~X20sf1ci'~QSe1F1vYd1~,0~Ca19fi203dtla~atTsr~e~Fti[.~P~Re t...., trsnnne 05/04/2006 11:13 ~~1~~~~ ~.~ &~~ ~~ 1 LAW XB R S N[TMBS,~ OF PANG TO: ~lizatbeth A~. Hiestclc, FAX: ('114 573-31L3 Community Davetopmaot Director To ca9: Q C'dy Ot'h~~tin r0; RE: CUP 96-029; Fib ~etinr~nt Oar File No: ~~~ 21pCIJlV1tEN'T 3~NT: Lotteor doted May 4, ?006 with mdosnrs. U YOII DID' NOT 1tsC~,vt ALL T'SE FAGt~ QtDICATED A!3 BEYrPG SENT PLEASE CALL A$ BOOR A!3 PQ58~LL r~_ TH>6 WEITTEN 1VJ~.98AGE is BOi T1~ E~[CLUSM U3E 01 YHE ADDItI~IL AND CO~ITA~NS CQ1~fFIDEN'FtAL, PRiVQ~EGEd AND NOPi>D I~ORMA?jDIL ~ THE DZCD~,NT 01 '1'HZS ME88AGE L!9 PO? 'T1~ ADDFi$~; OA' A P~9O1'1 A~OI'tS~Ii lOD D~AQtG 't'om RAGE ?O 'T,~ ADD~EE, SOCS )R1cCDlti~i'i' l3 FjbO~D F>RiUM ~ADYAiG OR tJ~1G 1'H~ ME3SAG)E ~ Al'IY WAY. I'!< YOII HAYS 1ttCIIYE~D TH7~1 N1~AG1c HY MISTAKi, P>VEAS1c CALL iJ3 A~EDiA?EI.Y AND DESTROY 'I'mo 'I?L>eCOP'Y 1~Q„49AGE. R~MARIC,^: URGId~'T [) FAX OIDL.Y (7[) aD~AL TO FOLLOW [) 1r+pR YQIIIt RSVIEW) ] PI,F.ASE CO~~N'T COMMENTS: s:~r~,xucrrv~uwsrz..aoeoiwo..~~ 05/04/2006 11:13 ~IIIN~~~I~ FARANO 8 KIEVIET PAGE 02/07 2300 EAST' KATELLA AVE. 3UCfE 236 ANAHEIM CA.92806~6047 F~ May 4, 2006 YLA- ACSIIVIILE (714) 37 3113 & U.9. Mail Elizabeth A. Binaa~ck, Community Development Director City Of Tustin 300 Centennial Way Tustin, CA 92780 Re: CUP 98-029; Fitz Restaurant Dear Ma. Bins~k: The Law funm of )~arano 8c ICieviet and I were retained by Mr. Gregory Fitzgerald on Apzil 25, 2006 in the matter of CUP 98-029 and the operation of Fitz Restaurant and Pub. Mr. Fitzgerald was, at the instruction of the City of Tustin, to produce contain documentation pvrtairring to the operation of the subject business o~n May 1, 2006. The requested documentation has not u yet be+aral completed. However, because Farano and Kaeviet have substantial experiviolce in code enforcement mattena, we felt that a meeting between Ime and you and/or your selected staff would be producrivo. I communicetod a request for sneh a meeting to yao by email because I war out of town and. traveling at the time. This request was intentionally made prior m IVtay 1`~ for a meeting on May 1" because we did not want that date to pass without at leart a diacuseion of the matter having taken place. Since nay return I have convey~od two additional anvil requests for a meeting. I also made one telephone call to y~au with my request on May 2, 2006. Ort the chance thwx my previous communications did not ro>idch you I am ae~ding copies of these messages to yon by facsimile together with my request for a personal nesting with you or whom cve>r yon raay delegate for a discuaaion of potential solutions to Mr. Fitzgerald's eitustion I look forvvard to hearing from yoo concerning my request soon either by telephone, email at ~~~~ or facsimile. V 1 yours, o . Fatatio Farano and Kieviet,LLP Ettc. fltyclu Sr~Ct.1RNT1V~t`TIVEI2MlV44S000lreorrap~binroclAtE1MITE0 U~HLITY PARTNERSHIP 05/04/2006 11:13 Ob/0~/lOOA Zl:ii FAZ From: F~j-d Farano Det~: 513/2006 fi:t12:43 PM S~e'.t f1Al: CUP 96.029 tka~r F~Ipa1,E~Gll~d CUP' 99~~9 MiR BWao1C P't~so sso Thor atfaF~d 1olter_ l'Iw~lc yot~ Fbyd Frano i~ii~~~ IM~- N~elr'? !bw b Esthlici~. FARANO $ KIEVIET PAGE 03/07 ~ 00~/006 Page 1 of 1 afe.//c.~noo~ oy ~ Te~oUrsBO~-~. i t sF._-- sr~nooa 05/04/2006 11:13 Od/OJ/t00A 21:11 FAx Ma. EXvabcth A. Bins~ck Cammaamity bavelapme:rt Dmactnr City of ~~stin ~: CCTV 98-029. Fm ~t,14131 Red ~>X AveuoQe Dear Ma ~ins~car: PAGE 04/07 X00!/006 _ ~y ~asme is FIa3+ad Fardno. I am Uf'Cameel wiuth tt~o law frm otFuano and ICia~nie~t. Wa anc laGated at 2300 B. K~ctli Ave., iu Aaaheirn. Om tie2epbdvne m~bera are: voice ~ , t~raim~o . dar fam was b~iuned by Mr. Ffrig~craZd }see is the afternoon afApn~ ?,.S to dim in the met6rar of the stativ of ~ compl~iaoce wrtbt ~ ~J~ CLIP. I atn coo~u.~itrg Y~ h'Y a~aa1 becsnse Y am out of crwn ~ will nat reta~ v~I P~idsp Ali! 28, 2006.. 11~r. Fitz~eocald rotai~ord us baaluse Ire x'~!' l~ very ti't~ knuw of theme and bec~uee of oar give and ~~ ~ ~ ~ ~t sneer. Mernbeas of the,~m ~i-e saMrn~od on bob ~ and COSY Cosooma~tvna, re~r+ese~abed ~ c~m~l in code ~ o~ ~ >~odeada of climb fa eu~ . We believe Q>at we are sbk tc ot~i~e tbo ea~oriaxx aad iioaowled~c that wa iuve itarn,ed from "bob eldoa". of code aut~orcamt~t . r Oa Monday, May 1 Mr. Find is exp~t,,,d ~ ~~ with a requee~t msde of Ium by yaor dot I world very mush like to moat wiS~ you au t1~ clabe oa diaaw t5at srque~, Mr, Prald s ooauplfancc a~ lank a~ereof whh tine cv~ ~ me ~ the c~cy ofrw~. Mrr. F~erala~ ~a „ ~~ ~;,,~ to ma: z a ~ Fbhnicall3- inspoct tho in fimm, ~,~, ntm~n on dK 28tIa end will be abre and prep~,od do dieaaas alt of the issmaa with yon eod/or any ~b~(a) ~ya„~ s~ff at the tboae of ota mod~g- y~ so agroc. FARANO & KIEVIET 05/04/2006 11:13 ~~ FARANO 8 KIEVIET o6~oai:ooe :i:~i Fee ._._._ I c~tt not rcmamber of ever hav~g xepresented a olient im 7'he City of Tustin, hoaevrr, those witih whom I have wvrload lo~ow that my pxsotico is m sohrc problems rather thaa employ dslayieg tads. I asy ibis to lot you ksaow that 1 did not agree to represent Mr. Fitz~rald t'a be a new fare shat is being used to delay the solution of buffs probl8me. I undesstarid bow lidos of the issue and that I can ~aelp to leach • solution tip fioa ev~eryvna I ainc~eeely ~ that y+ou a~ tv meet with ms either on ll~a~y i oc on a date and time sv~-ble to yw and/or your I have sug~aseed Msy t only because that is the data on vrrhich Mr. Fuzgcrald waa ~ bsv~e sa~m~itied infiormatian aad do not want fleet date to p~ withaot a positive e#1'ort oa oar Hapef ~l).y You 'wrili raepoad to mY zequast eitbet by email bo: telephone to mY of~e std aad legviag younr reaponee with the operator. email wilt n~ah me more c;wiclcly. I apalog;,~r ~bttlee of t~ rogaest and tbanlc you fvr y~ consideraeiat t lao~C ~rwardtai you goad contr~~to the aolirtion of a pevbbm the! I Icn~o~v is a troabtno~ "paia"--tea nee t'be vemsaab~ Ya~y tray y~Owtt, lal Floyd L. Farah for Farano and K.iavi~t PAGE 85/07 ~0o4/ooe 2 05/04/2006 11:13 o3/oaiaooe sx:ii FeZ F'>^om: Floyd Farano Ta ~'t A, ~hnsstdc QAbr, 311 10.OS:27 AM ~ubja~ Fifz"a Pub Ms. B FARANO & KIEVIFT PAGE 06/07 X000/OOA Pie 1 of 1 -rbwA- is the day tit Mr. ~a rwa duo do na~arb ~, the raqu~st dfia car of tenth for i~bm~gon. ~ Y~iar~dva tiDitiO ~ fhb gpip0lid ~~ ~x ~ a ~ Y~ ~~ Yom' d~oson 410fF nwmbws I ham I+~Ivned Qan ttgr Mp,, rariewrd iM apprapttaie dooumer~b and k~aclsd flat pnarfWa in 4raapon and em preprWd ~o orMw hb ~ dtavuwfon a any s~oa~~ oenoNrwr~p Mr. FItrpOr~ia'a sir~tlen. 1 rd~d I~ 1p alr+mpf ~ rt~M+p st yar«Ra~t mrnardv~r.,a,1 rNOUId lA~a ~o a~Wir you In acMiM~ fi^t des aoao~a'~ng Y~omq~~]~ou Chas nat esyet trwt car~s~l, howaMar, I beiw~ ~ht a mssllr~p awn w~out shat hlbr~rado~ wvule You ahoukf wo b~ ~firbrd ~ AAt: Flt~raid 4 In aarlotr diw,MaM,'m wlh s P~ P~~ of'FiMta Pubs'. Tha ptva pub w fl1s aiooes~l oparaltr d swaal ait down ~, t waid b~ ar 6~asMlon to fldly drelow a/ dMala Qonamhp tha pq~oeed malt~od of a~prndh~p thr 1lr~r to mein oartMn tt-at tris mad~oti n~ fhe ®~paa~eerr d Clar atTuNtln--prlo~rta ~ odtiunrnaden of any a~w 1 look 1~orwerd ~o your rsepattes. Floyd ~~rara f~l Farse~o EafwLinlt Ft~Y+D v~t~~~'ilfll~'Id YOY~ ~~~0i~'~'~~d%203ettin~lFloydtLocat'~O~atdnBslT~-P4IF.tmp SI3r1006 05/04/2006 11:13 FARANO & KIEVIET PAGE 07/07 'od~oaisooe ti:ii Pu Rrom: Floyd Fetrano 70: Erizabefh A BkloBgc Boo: Gne9 F'rtzaeoald; Larry Smith; Tom i4aviet ~.: sr3rsooa ~azs:~2 aN Su~C CUP 98-Q2~ Ms. Btr~eaoic ~ ooe/ooa Page 1 a~ 1 TVOt hrvM~p reoahnd a lrspertss b my r~uat 1br s rtrsdt"rq wish you oonoen~'rrp ~ slrw d CUP 98-Q2i1 I an ora~ apah rogcteelrt0 chat ouch ~ meaNnp taus prroa at the aalsot opp0~r.1AAh >fM/ a~coapoaA d today and Frtsdw~y Nkp~4- 6~ 20pA { asp acoortimocMNO ~-tlme ~ is oofwrrllar~# 1ior~ you ar~dlbrynur soNrfad ~f mrrr117ws. ttat'itstln Pa~oe ae0~~r~1'It was proaer~t a~ t~ thla~oraa of Doasbla p ~t~tbrt ac~r~rl8erpao~rlR at raMtoeav~bntt 1~ t~ W+o!'s1b1!- fl'IS or +~-, aMth'usi scevl~r ~u b~ aomwrwly ss~ious In p+~birr~a- C.a~aagwnly w+e ana rrro1R aralotat bo ibllow up a't ~taa cornme~, IMf want you and ctlter h 1t~ath to Iv~ow frt auoh aalMMtss wM rat ba oottrtrarrrpo~l and trlat~ w~ awrwpwty Purs~w !Y~ arr'e~, Tx and cornrlaron dMIY ONE wlvo ar~QaAas therein. lltta balrp said wr ra4ust fl'Mt 1WY NgrR'af wfNoh m^~- hM oc~aar+od, is oaWrrlr~ of ~ pawned b otcu taMr 01' M11hafi,tu~ be irncnaddlsly bra~'d t~ 1s1s allordion Of A11r. Ft~arald and myNlf. I vra~id alra for b IMw the Hama d the Polkas ~ar~sar~ h questlon. I wOUld /eo b speak to h>rn o0rlosrninp tl~ si~llon. VIIM dMiritlbr want b punlu~ tiffs alfuatlorr to a oonoM~forf as q~idcl~- as poasbN, Lam. Myvu woub A''~'~ h11/ a~sMOd masltnp t~et~l with the Cdy nay as iha io~i0 fop1~ wih your ~Ipiaraa Aaila4f~ in ~1pt mares. Or. ^yi0~tt ltrtirrp~e~ritNt i atrrrlps ~ rris^grq Wi~1 ~'la C~yAttwneyr tt'rt+n7 br`ihaw~ me- Tb bs tsiol; i ~ wl~p ra r~.i~ meeftg h,ro, m,a~nr, ti~w~ P ~ am a cotx da~rar~nirnt risc maali-your ~x+~Wrnoh,; i la~aMt lbnard to yes trapor~ i~ ~ ~r"!~ fitellC:lDoci20aad'~i2USeuin~slFloydl~.ocal9fiZetTamotII.P3BA_m~ shnnn~c Exhibit i ~ i, _ _ .,, ... ~~~~~ ~~ ~~~~~~n Duly 21, Zoos Roderick's Attn: Matthew Huston 930 S. Keene Drive La Habra, CA 90631 SUBJECT: ENTERTAINMENT PERMIT -14131 RED HILL AVENUE Dear Mr. Huston: Thank you for submitting your business license application to operate a restaurant at 14131 Red Hill Avenue under the name of Roderick's. As indicated on your application, you are proposing to provide live entertainment to your patrons. Please keep in mind that a live entertainment permit is required for the presentation of live music, dance, comedy, fashion, illusionist, or dramatic performances unless such presentations are limited to single performers, duos, disc jockeys, or karaoke singers. The City's requirements pertaining to live entertainment permits are provided in Tustin City Code Sections 3231-3236. One of the requirements is that a live entertainment permit is not transferable from person to person even when there is no change to the type of entertainment to be provided. An excerpt of the applyable code sectieons and the application for a live entertainment permit are attached for your information. Please keep in mind that the approval of a live entertainment permit is discretionary and not guaranteed. A valid conditional use permit is a required prerequisite for obtaining a live entertainment permit. A conditional use permit is a permit that is tied to the property rather than the owner, and it imposes conditions of approval, such as hours of operation, capacity limits, etc. Conditional Use Permit (CUP) 98-029 was obtained by a previous business owner and is still valid and active. A copy of Resolution No. 99-29, which adopted CUP 98-029, is attached for your review and file. Several conditions of CUP 98-029 are noteworthy. Pursuant to Condition 2.14, all three (3) levels of the facility shall operate exclusively as a restaurant. During business hours, at least 80 percent of the premises shall be designed and used for and must possess the necessary utensils, table service and condiment dispensers with which to serve meals to the public. Condition 2.4 states that closing hours shall be 11:00 p.m. Roderick's July 21, 2006 Page 2 Sunday through Thursday and 12:00 a.m. on Friday and Saturday. Contrary to the one of the requirements of Condition 2.11, public dancing permits are no longer required by the City of Tustin. Should you have any questions regarding CUP 98-029 or the application process for a live entertainment permit, please contact me at (714) 573-3016. Sincerely, Scott Reekstjn Senior Planner Attachments: Tustin City Code .Sections 3231-3236 Application for live entertainment permit Resolution No. 99-29 cc: Property Owner Director of Community Development Assistant D~eda' of Comrrnudty Developmerrt Business Uoet~ Technidan Code Enforcement Planner of the Day Desk Pow Depertmerrt SR:18uslnesslRoderick's Entertainment PermiGdoc Exhibit September 18, 2006 _. '~ •~ Lany R. Smith 3185 Moritz Orive Huntington Beach, CA 92649 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92705 SUBJECT: Violstlons of Condltlonal Uss Permit 98-028 for Fitz Restaurant located at 14131 Red HIII Avenus V05-0368 Dear Mr. Fitzgerald and Mr. Smith: On October 14 and November 5, 2005, City staff observed your business, Fitz's, operating in violation of conditional use permit g8-029. The violations are as follows: Condition 2.3: Hours of salsa of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. Condition ? I: Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 p.rn. Sunday through Thursday and 12:00 a.m. Fray and Saturday. No new patrons shall be admitted. after the closing hours and patrons ahaN vacate the premises within thirty (30) minutes after dosing time. Condition 2.8: Authorization for the on-site salsa of beer, wine and distilled spirits (ABC License Type "47') is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. Condition 2.12: Any bar located within the facility shall funcction as a food/beverage service bar. Condition 2.14: The entire facility, which includes all three (3} levels, shall operate exclusively as a restaurant. During business hours, at least 80% of the premises shall be designed and used for and must posses the necessary untensils, table service and condiment dispensers with which to serve meals to the public. Condition 2.15: "No Loitering" signs shall be posted at the entrance of the business. 14131 Red HiN Avenue CUP 98-029 violations September 18, 2008 Page ~ 2 Pursuant to condition 1.8 of CUP 98-029, you are required to provide annual financial statements identifying gross sales of food and alcohol. To date, staff has not received the financial statements. Per condition 1.10 of CUP 98-029, you are responsible for all Code Enforcement costs. Enclosed as Exhibit A, you will find an itemized cost summary of the Code Enforcement costs. Please submit payment to the City of Tustin within ten (10) business days. Should you have any questions or you would like to meet to discuss this matter, please contact me at (714) 573-3135. Sincerely, D S EN Code Enforcement Officer Attachments: Exhibit A CUP 98-029 Cc: Elizabeth Binsack, Community Development Director Y. Henry Huang, Building Official John Strain, Police Sergeant Justina ~Ilkom, Senior Planner City of Tustin EXHIBIT A Invoice for Costs for violations of CUP 98-029 Violator: Gre¢orv Fitz¢erald Location of Violation: 14131 Red Hill Avenue Department No. of Rate per hour Total Hours Tustin Police Depart~pnent 106 $63.77 $6,700.00 Community Development 6,5 $85.74 Director $557.31 Senior Planner g $65 24 $521.92 Code Enforcement Officer 14 $40.49 $566.86 Totat $8,346.09 14131 Red HiH Avenue CUP violatbn Invoice F~ch(~ q 300 Centennial Way, Tustin, CA 92780 714-573-3149 • FAX 714-g73-3113 Exhibit 1~ ~~ °;<~mmunity ~p~~el~pmer~t D~~ar~m~r~t November 1, 2006 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92705 Mr. Larry R. Smith 3185 Moritz Drive Huntington Beach, CA 92648 ~~ty ~~ ~~a~~~r~ ?~70 C~ntennia!'~`;'ay Austin, {~A °2;'SO t4.573.~t00 SUBJECT: REVOCATION OF CONDITIONAL USE PERMIT 981-029 FOR FITZ'S RESTAURANT LOCATED AT 14131 RED HILL AVENUE f Dear Mr. Fitzgerald and Mr. Smith: On February 17, 2006, City staff met with Mr. Fitzgerald to discuss the violations of Conditional Use Permit (CUP) 98-029 as they relate to Fitz's (currently known as Roderick's) restaurant located at 14131 Red Hill Avenue and asked for a Corrective Action Plan.. On March 3, 2006 Mr. Fitzgerald submitted a Corrective Action Plan and on March 17, 2006, you submitted a follow up letter with photos referenced in the Corrective Action Plan. On March 30, the City sent a letter to you commenting on the submitted Corrective Action Plan (Attachment 1). On July 21, 2006, City Staff met with Mr. Larry Smith, Mr. Matthew Huston, and your legal counsel, Mr. Floyd Ferrano, to discuss outstanding violations of CUP 98-029. At the meeting the City indicated that staff time responding to violations would need to be reimbursed; thus, on September 18, 2006, the City sent a letter identifying the Code Enforcement fees and asked. for payment to be made within ten (10) days of the date of the letter (Attachment 2). As of today, no payment has been made and outstanding violations are still unresolved. Please be advised that the City intends to schedule revocation of CUP 98-029 to the Planning Commission/City Council. Should the Planning Commission and/or the City Council decided to revoke CUP 98-029, no alcoholic beverages can be served on-site and no live entertainment can take place on-site. The City will advise you on the date and time of the hearing. If you should have any questions, please call me at 714-573-3031. Sincerely, /iT .. r_ ~~~ -~~~.~.~-~ .. Elizabeth A. Binsack Community Development Director Attachments: 1. Letter dated March 30, 2006 2. Letter dated September 18, 2006 14131 Red Hill Avenue CUP 98-029 violations November 1, 2~6 Page 2 cc: Matthew Huston, 930 S. Keene Drive, La Habra, CA 90631 Floyd Farano, 2300 E. Katella Ave., Suite 235, Anaheim, CA 92806 City. Attorney Y. Henry Huang, Building Official John Strain, Police Sergeant Justina Willkom, Senior Planner ~~ ~''`~ Community Development Department March 30, 2006 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92705 pity of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3100 SUBJECT: VIOLATIONS OF CONDITIONAL USE PERMIT 98-029 FOR FITZ RESTAURANT LOCATED AT 14131 RED HILL AVENUE Dear Mr. Fitrgerald: On February 17, 2006, City staff met with you to discuss the violations of Conditional Use Permit (CUP) 98-029 approved through Planning Commission Resolution No. 99-29 for the Fitz restaurant located at t4131 Red Hill Avenue. At the meeting, the City provided you with a letter delineating the violations and requested a corrective action plan. On March 3, 2006, we received a corrective action plan and on March 17, 2006, we received afollow-up letter with photos referenced in the corrective action plan. Upon reviewing the proposed corrective action plan, we offer the following required actions and schedule: 1. Condition i.8 of Reso/u#fon No. 99-29: Audited financial statements and schedules separately identifying gross sates of food and gross sales of alcohol must be submitted to the Community Development Director for annual review. The gross receipts of food sales must exceed the gross receipts of alcohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. Fftz's Proposed Corrective Action: Fitr's will provide quarterly sales reports to demonstrate an increase in food sales. Fitr's requests an additional sixty (60) days to produce the report. City Response: An audited financial statement and schedules prepared by a Certified Public Accountant demonstrating the gross receipts of food sales exceed alcohol sales shall be submitted to the City no later than May 1, 2006. 2. Conditfon 2.3 of Reso/ut/on No. 99-29: Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be available during all business hours. Fftz's Proposed Corrective Action: Fitz's kitchen will be open the same hours as the establishments. Food will be available at all times. Fitz March 30, 2006 Page 2 of 4 City Response: Food shall be available during all business hours. The City will monitor and visit the restaurant to ensure this condition is complied with. 3, Condition 2.4 of Resolution No. 99-29: Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing time. Fifz's Proposed Corrective Action: Fitz's hours are 4 pm to 11 pm Sunday through Thursday and 4 pm to 12 am on Friday and Saturdays. City Response: The City will observe the business hours to ensure compliance with this condition of approval. 4, Condition 2.9 and 2.14 of Resolution No. 99-29: Authorization for the on-site sales of beer, wine, and distilled spirits (ABC License Type 47 7 are contingent upon the use of the subject premises remaining a restaurant. The entire facility, which includes all three (3) levels, shall operate exclusively.as a restaurant. During business hours, at least 80 percent of the premises shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. Should this use change or be discontinued, authorization for this use permit is null and void. Fitz's Proposed Corrective Action: Fitz's contends that-the facility is served as restaurant. Each table will have a container which will contain multiple utensils, menu, assorted condiments, and napkins. Servers will be instructed to ask patrons what they would like to eat, as opposed to what they like to drink. City Response: The City will observe the proposed corrective action and will conduct an inspection to ensure compliance with conditions of CUP 98-029. 5. Condition 2.15 of Resolution No. 99-29: "No Loitering" signs shall be posted at the entrance of the business. Fitz's Proposed Corrective Action: Signs prohibiting loitering had been installed. City Response: Action noted. 6. Condition 2.16 of Resolution No. 99-29; All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open. It was observed that cigarettes were thrown b into the parking lot and the arkin lot a y patrons and employees on the ground p 9 ppeared unkempt. Fitz March 30, 2006 Page 3 of 4 Fitr's Proposed Correctnre Action: Employees are not permitted to smoke in front of Fitz's. Fitz's cannot control the irresponsible acts of others, but Fitz's will do its best to minimize it. City Response: Although Fitz's cannot control irresponsible acts of others, it is Fitz's responsibility to clean up after its patrons. As conditioned, Fitz's shall remove all litter from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open. If necessary, Fitz's shall employ on-site security personnel to ensure- appropriate behavior of its patrons. 7. Bar Seats: On September 23, 1999, the Ci a coin operated video games, one (1) billiard poolpt ble for every 000 s euare fve (5) gross floor area not to exceed two (2) tables maximum twelve (12) ba seats m the lounge area, and four (4) bar seats within the main level dining room. Fitr's Proposal; Fitz's is requesting additional bar stools such that six (6) stools will be located on the main level and fifteen (15) stools downstairs. City Response: Consistent with the City's Alcoholic Beverage Establishments Guidelines, a restaurant may only have a lounge or bar that is ancillary to the main use of a restaurant. Fitz's shall comply with the approved Conditional Use Permit and ensure immediate compliance therewith. 8. Fitr's Proposa/ for Outdoor Dining: Fitz's is requesting for three (3) to four (4) tables to allow for outdoor seating/dining in the patio area. City Response: No outdoor seating shall be provided without proper approval of a Conditional Use Permit from the City. Staff has concerns with the proposed outdoor seating and will not be supportive of the request. Outdoor seating, if it is not managed properly, would increase the noise impact, loitering, and. littering. In addition, a modification to the State Alcoholic Beverage license would be required prior to establishing an outdoor dining area. 9. Fitr's Inquiry on Redevelopment Funds: Fitr's is inquiring if the City has redevelopment funds available to assist. in exterior improvements such as signage and paint. City Response: A representative of Fitz should contact Mr. Jim Draughon, Redevelopment Program Manager, at 714-573-3121 for information on redevelopment funds. Please note compliance that with the above corrective actions shall take effect CUP 98-029 the Cit 's C d immediately. To ensure , y o e Enforcement Officer and the Police Fitz March 30, 2006 Page 4 of 4 Department will inspect the property frequently and unannounced. Further violations of CUP 98-029 would result in proceedings to revoke the Conditional Use Permit. If you have any questions, please do not hesitate to contact me at 714-573-3031 or Justina Willkom, Senior Planner at 714-573-3115. Sincerely, Elizabeth A. Binsack Community Development Director Scott Jord Police Chi cc: Paul Garaven, Special Investigation Justina ~Ilkom, Senior Planner Scott Reekstin, Senior Planner/Business License Brad Steen, Code Enforcement Officer Jim Draughon, Redevelopment Program Manager Department of Alcoholic Beverage Control I 1, ~. ,. '~ September 18, 2006 Larry R. Smith 3185 Moritz Drive Huntington Beach, CA 92649 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92705 SUBJECT: Violations of Conditional Use Permit 98-029 for Fitz Restaurant located at 14131 Red Hill Avenue V05-0368 Dear Mr. Fitzgerald and Mr. Smith: On October 14 and November 5, 2005, City staff observed your business, Fitz's, operating in violation of conditional use permit 98-029. The violations are as follows: Condition 2.3: Hours of sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. Condition 2.4: Operating hours shall be consistent with other businesses within the commercial center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shah be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing time. Condition 2.9: Authorization for th® on-site sales of beer, wine and distilled spirits (ABC License Type "47") is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. Condition 2.12: Any bar located within the facility shall function as a food/beverage service bar. Condition 2.14: The entire facility, which includes all three (3} levels, shall operate exclusively as a restaurant. During business hours, at least 8096 of the premises shall be designed and used for and must posses the necessary untensils, table service and condiment dispensers with which to serve meals to the public. Condition 2.15: "No Loitering" signs shall be posted at the entrance of the business. 14131 Red Hill Avenue CUP 98-029 violations September 18, 2006 Page # 2 Pursuant to condition 1.8 of CUP 98-029, you are required to provide annual financial statements identifying gross sales of food and alcohol. To date, staff has not received the financial statements. Per condition 1.10 of CUP 98-029, you are responsible for all Code Enforcement costs. Enclosed as Exhibit A, you will find an itemized cost summary of the Code Enforcement costs. Please submit payment to the City of Tustin within ten (10) business days. Should you have any questions or you would like to meet to discuss this matter, please contact me at (714) 573-3135. Sincerely, D S EN Code Enforcement Officer Attachments: Exhibit A CUP 98-029 Cc: Elizabeth Binsack, Community Development Director Y. Henry Huang, Building Official John Strain, Police Sergeant Justine Willkom, Senior Planner City of Tustin EXHIBIT A Invoice for Costs for violations of CUP 98-029 Violator: Greeory Fitzgerald Location of Violation: 14131 Red Hill Avenue Department No. of Rate per hour Total Hours Tustin Police Department 106 $63.77 $6,700.00 Community Development 6.5 $85.74 $557 31 Director . Senior Planner g $65.24 $521.92 Code Enforcement Officer 14 $40.49 $566.86 Totat $8,346.09 14131 Red Hill Avenue CUP violation Invoice Exhibit A 300 Centennial Way, Tustin, CA 92780 714-573-3149 FAX 71-1-573-3113 Exhibit F~INO ~~ ~;r~~~~ I~ a ~1~ Y' ~ td 5 dYavetttbet 20, ?IJt)b- Gluibettt A~ E3irtsack C~',~mcnunity I~evelvpment [3ir~ctar r•~ity o~ Twin a0f) Cenfenniui Wny Tustin. CA 927l~I1 ~fransrnitt~! ~ ~ncsirnile w 7l4 ~'?3 ,31 I~ ~ri~,iau-i ~wt2aa~wa~ ~ U.~, l~+h-i~ itl+~ C'UP 5~$-U25~ t7esur I~As,l3inaeclt: ~~KiYp L. FARANQ lall~:rrr'~y AL L3~r~ QUITE 235 ~~1111~~ This is in r~wnsc oa }rout let~ct of T~ta~r~bcr 1, ~OUfi in rGtercrrcc~ tta tho s~uhje~rt ~."t~nditi~annt ~~ 1'+crrniG 13eCrrr~n I +~ldraas fho s~ubhsta~nrx~~ u~ Y~ lett+~x ! want t t+~ ~lv~i~ yuu R K+tF~ ~i ~~ruld is rya Ion~sr r+Cpre~ntcRt ~ Marano dt. Kiavi~at, 'ra tha kx~f ai'~rur infarmntwa I4~r. ~if~td will rcpt~uo~ hinr~k~in sll mntrs of the subjact SUP. VI+'c will havw~rror ~cp~~nt ~(r, tarry !tmitk~ in ~ maucr of t~ris ~in~ Motu refat+gnov ttt our rr~oti~ o~'~1uly ~ 1, 2~tlt~, nlthttt itt wtttet it ~ iff mistettditrg s~ pt+ajudici~l in wtarr it ef+u~ nit ~t, l . Your Navembor I t m~antia~ Mt. Hat~t+afe ur alt doa let tha July 2 t but die iil~r tu~a,~ tttet purcah ~ a~" wttbch you wafa rftfeda aw~c on duly I3~ ~. it wafti tafulft ala~r to yaa nt+t aaiJiar tl~ ~~~ 14trt ~'if~tgld ~ in flea proms a~'' aciti~g ~'I?rte" s": tb~ th®et ~ had t ~Ir#. A* to ~' ,, os will rocait, th# alflwu~,h 1 agtcact to dim ~~ subject hurt you Yeti appiro~riat~o, the July ~ 1 Hunting was raquesGod h'Y me f+ur the prir~cipe-t ~rpc~ of introducing vote unc! the ~fT to wlr_ l•Icau~tort and to n~alce yuu arv~un of h~ plop cif re~vstit~n and tda operation of a `'full sit dawn tasfaurant`~ 1'otr will. further r~tl dart p~riut to the rneetting I etrrail~xl nurn~ug docwnents tc- you irnFtwfing tlhn idanitlica#ian of hAt, l"laustvn's Chafand mags~ine sr#~iGles that d~cribcd his aucc+arnp~ierttg, paxt restaurants at which he served a~ a sarnptc of th8 menu, Your comments ~ rig Taft Tittle doud~i yaa had nut l~itext at or ERs even. nperx~ that nrnait message. Ywt aruJ atl~r n~ rvnn atsa rrMiaJu arrrern that Mr. I-lon runs is pry of spending in excess rrf ~~~U~O~D to renavete tl~e prernis~es and inwitrd ydtt and. other rrtamtfers of the sf~'ta visit t p~rrrnises to as~cwe themselves fha3 he cuss in fact cu~i~ asst his prortai~. Ydu .~ _i~+~-rea u~ta~irr e ~rr~~~t~~~ 1 FA RAl'~IC3 I~iEVI~T tx~aulo a s~tatt~ment to the cffcct that it wss not the interrtiott of fife Gitq r~CTustin to tur7t uvvay a Icgitirnate business. 3. Your utter does tat nat. mcntiart that after "indicating" that the City af''I"u~tin would need to be rcinnburr~d Car it's "Cade P.nion~rnt~ant fees"" at tha .luiy ~l meeting [ cantactcd yw,ct drtrncmt and rayue~d that these ~ anti the u~nount them!` bo nuuie ~n to ~ a:s soon as pcrssibtc and r~quaated a~ arne line as w when this icrfanmation may ba cxgecied and (b) that wa never rracei~ci a time tin+a or anlr ir-fonnatiaa in this r~pet~l urrtit yt~tu Sep#+cmb~r 18, ~UOl~ lamer ahatost ~ mrim~t a yasur ~.xnd~". A. Yaw l,~er chat rtot mart my sta~tnottt sad tha ~ oC others that y~aur argent and pt~tterros with Imo: ~'itntd a~ rwt with I-~tt~, :I~vu~t+n. t had the 1h~tt #h~t Jtdy ~ 1. bethtg rts~ M-t~t it7 C~nca again I'It say that tha City oC"Cus##rt's pa~nbletns attb wi#h Ivk, t~ii~xg~td and l~i~1'1` Mr. I-louaton, ors t`or that mnttvr Mlr, Smi#h+ ICyutt wnt-t to puratas . trit'a~,crald thcrie nre certainly w~alll kttnwnt cnurs+es afactian that will ttat irr~tws rrr in~i~ ~+, linanci~ harctahip an unyana C1se. That fit was tttcmtianed by rn~s and patty rnu~alt ilpuarad by you at tha Daly ~ ~ m,~va ng. it is une thing to punuc Mr. Fi#x~crald ro whatever extern y~au think is apprc~prtiata since he iu the aniy "ter" or aih1 "tad guy". It is anothor citing to ~ a ~ at'aatiotr tha e~'Qat ~f wpb is to pry Mr. S#ttith who naally cc~nt~tted na rvrottg ttttd ~-vrtrn +vanta tet pttht+ch l~+tr. Naustnrr wha is c+ompl~tt~ ityttgicen# ofi~nythtng oI~ thna ~ try's to talcs a buiidi~ Nth ~-idonlly tart~4ty dit~platacd tlrc Casa ~n!'osrxrttQnt t]~cpartment atxl rnaka it inta a restaurant which tho ~-y could w~clcame as a tuna establi~tirtgnt. Ta da thiat is in vttc ~ ix l~e~rl13- wrap, if you ~ frt a ~ of a~crn itttir~-Iv+aa Intr. ~ttuth and p~rdicutattiy intlir harttt Q~t ~ Sctlitb's t~11t1i1t~ ~ i~ plat` t~ tai ~ ;«~t~i~3 ~~ (~~ht ~ ~ e%#~ltt aVU.ilabte LladCt the 41w. As you prrrbabiy kraw this ptnceeding is a di~ciplirary pr~ac~aedizt$ amt ~ punitive in ns-tttre, ~-ieue tltie sty is the accusar* my client has tha same appertuniry as in a criminal prautian ~- prcpara his det'ensa, Please be advised ther~Cctne tha# I am invaking my clicrrt's ~eansri~l rift to discovery as j udicially re~eagnir~i at +eon~mon law ucNder the case aC Shivety v. Stewart { 15-66) 6S cal. 2°d X73; ~3 {sal Etptr ~ 1?; 4~ t ['. 2"~ t~5. As flat California Soprema Court sta+~ed in drat cis. the zeght to pretrial di~ca~rGr~- in evil ~ ccsal is v+vell rceognizcd in civil cases undar the Gads aCGivii Procedure and by comrrtan law in criminal cnse~s. ~~ ~~~ ~~ 1 1'1 1 1 K -~ I th~for~ tu+~xt that informati~art 'which +~irectly car indirectly ihvalves car c:c~tac~cros the stybj~cr.~t Corrdti+or~l Use Permit ~'~~4 a the re+ricur t~r~eaf ~~1.1P t~r~einattcr} t~ provided tv thQ u~dczsigncsl in a tingly Caslaiuna pricar ica ibe hearing sra that an adequate defense c~rr be prepar~ad~ This inefudes the ftallcawing daGUm~ infprrnati~rn: 1. All roports. lrttcrs, memos, n~at+~, ernariMs, tcephnrae low, ele~#rortc recocdn~s at` mcartings ur aan~'atvne~ea~ or arty otlxr rrtc aCcaommwu+caticros iYtvcalving this CUP th~rt ie~ ar wear prop~nn~d ~ an3~' Paiirnt or law ant~rearr~ s~nay. This int'~naratian shalt also irt~ludr: rho arrd_addaras9ca arP~ and atl witaa~tr, and ~, All nep4rrs. tc~tt manos, natta, amals, t~i+aplyr-rar i+a~r~ olio reccw~ttr~ dig arty rne«epinge err oon~crao~ c~ ruty ether rr al`'conarnunitxrtidna ittv~alviag this CtJE" that is air - prepstred by nny ttrNd all code cnfarccrn~ertt pcarsnnne#, 'li hhi~ inf~annatiota shell ittciude the narnca and. addnca~s of arry asncl all witrn~s~+cs, and. ~. `t'hd ~amcra and ruldrasaRte vt'any arrd +all witn~s+ss that wilt car a~ ex~act~! to preaeat any tcatimeany or d~tarattiurts under oath, and ~. Copirs of any a~rnl all r~tM~cr writtca rcpaurts. Fetters. mca. t~naila. toE~cphanc Ic-g~, ~Icctronic recordizt~tt al'nrty rnactairt~r ar canfcc~ invalv~ng this Ct1P, rwtea, cc~tcct»~ing the su~taj~t prt>~atty- 5. Any r~sad sill p+hatagrapha ar cirsrvin~ of th+a subjesct prrty is the possiurti of the city, 6~ Any grad atl clex~r~tic r+rxprdirt~s ~i'any intert-ia+~ra of any witpcsf~t~ and 7. Codes of any ~ all v~ritin~t ~~rdirig the nubj~t property, and 8. Cow ~ rnny nand. ate rords ~~ the. o~p~tion ~!' nny txasin~ +an tlsa a~,~oat property, ~. +Cop~atr a#'any.tu~d alb d~aa»tmiG~y e+~Jda ~~ arha ~rrod at tt hc~arin~ ~g tf~m ~voiunt ~r~tbe cdaaa+diti~[ pocati t 4. Alt t~cat+da,, atf,, wgrh ~ c~atiiat tiaaa ~ eloctraat recce and gay and all other ratnaxtuni~. pis or donr3na that w~cr+e a~wtetnlalfad ct~erited ur used to dcserrrtin+a Thar ttrrnarrnt of rho "Ccxle !?nfnrr~rrtent fps" dcmaa~lcci in ~rcwr l~ettnr of September 18, 2QUG_ `I'hia~ infc~rrna~iran shall inciudra ttre naa'a, addnes~s of all persacta aubmittin& erecting, nxlalirtg or otherwise pre{anriog tl~ "`tr"tatle Exrcforoemerrt " demanded, 1 am aware that same cummtmi~catiar~ burr me, you and mem6ors of your Dcp®rancnt have takCn place and that ccrpics maX be is my pcasaessian, Copies ot` such cc~mmunicetiaruc arc not ~exem~ nor one you rrslieved of the c-hiegati~n uta farttish copies of your ot~i+~ fires ©f such documents crud papers. ltt other wards e+~en it I may ha+re copies cif game ~rresspondence ynu err ruq~stcd to ~iwc me csnpi~s of your deposrtrnenr ~Ie espies 3 FA~~A~10 ~IE~-t~ET` mt~ve listed ~a~ument~ am tQ 6e d~eli~+re~esl Ea C~rac~o ~ l~icvi~ LLP ~3Q(~ east ~ll~ A'v~, ~~rit~ 2~~.1~ rrirn, ~'tdifr~rni~ ~~#~~ ~t least tea days prior fu the hcsria~; rc~unling this r~vc~catit-n al` tl~ cs~nditeunrti u~ ~rrnit s~a th+e an a~quate defer~~~ to th+~ ~cct~tiur~ rya ~ pr~pare+~ J4a nod bcl~' ~ ropy of thitG cvmmunic~t~t i~ tr~ir~~ ant: ttt the ~it~- Atup-rne~- cif tit City of'IRtt~tin. Very truly Y• ~'AI i~~IEVT~'T', PLC, t3y i~luyd 14. I~urana CC; I..i1ff~ ~p't~tll ~U~1#11 ~It}/ AlWtit~Y Exhibit GAEGOI~Y M. FITZGEI3ALD `;~ y ~ ~' A PROFFS.SIONAL LAW CORPORATION ~ ' ~= { ; := ~ ~~ ~, 800 NORTH TUST~J AVENUE _ SYJ(fE 280 T SANU1 ANA, CALIFORNIA 92706 FACSMAII.E November 18, 2006 Mayor of Tustin City of Tustin 300 Centennial Way Tustin, CA 92780 To the Honorable Mayor of Tustin: I write this to you in hopes that clearer heads will prevail. For reasons that remain unclear to me, it appears as though certain employees of the city of Tustin, and particularly the Planning Department, have some sort of dispute with me personalty. It seems they have lost sight of promoting the general welfare of the city in an effort to extract some sort of personal vindication. I can flunk of no other reason for the actions taken. Particularly the - most recent demands: By way of background, I am the former owner of a restaurant then called Fitz's Pub and Lounge, located in the Stater Bros. shopping center on Redhill. I closed this business in July, 2006. I had purchased the business in May of 2003. During this three year period I was never once cited for any violation by any entity. I attempted to be proactive with city officials and twice went on my own initiative to the local police to seek their advice and input. There were no issues that I was aware of. I just wanted to make sure no issues would arise and to let them know that I would cooperate with them in any way they saw fit. Apparently in October and November of 2005, city code enforcement visited my establishment and noted what they believed to be CUP violations. At no time was I informed of these specific visits until almost a year later as these specific visits remained undisclosed at the February 2006 meeting discussed below. The violations, if any, were relatively nominal and remain uncited. I invite you to review them yourself as the October 2006 notification I received is attached. Some months later I was invited to meet with Ms. Binsack (February 2006). I gladly accepted despite being unaware of the agenda. It was at this meeting where I was maligned and threatened by city officials. The attending police sergeant strongly inferred I was personally engaged in the prostitution business. Needless to say I was quite shocked. Shocked that the city had concerns about my business. Shocked they thought I was personally involved in criminal activity. Particularly when I had been proactive in seeking their input long before. Again, I had never before or after this meeting been cited. I was not notified of any city concerns until this meeting where I was hand delivered a request for corrective action. I assured these officials that I was personally unaware of the activities they alleged and asked two things: could these allegations be verified and what could be done to stop them from occurring again. In response they were dismissive and provided tittle or no specifics. . Unwilling to accept the risk that even some of what these officials were saying may be true, I immediately took corrective action. Within days I terminated virtually aU of my existing staffand hired new management. I also responded to the relatively nominal items that were specific enough to respond to, and provided details of this to these officials. At no time have I been provided with any facts of alleged criminal activity. Nor do I believe these allegations to be true. Certainly any allegations as to me were untrue. [ have been practicing law for 15 years and take very seriously my position as an officer of the court. Without any tangible evidence, it was just as likely a competitor spreading rumors. Anyone who knows me or how I ran that business was aware that I took a hard line against drugs and any illegal activity. I had invested several hundreds of thousands of dollars in this endeavor and sought to make it a place my wife and family would feel welcome in. Whether or not I succeeded or failed can be debated. My objective can not. One issue that did have merit was the reporting requirement regazding the ratio of alcohol to food sales. These reports had not been forwarded to the city. In three years it had never been an issue and to be quite frank, I was unaware of any affirmative action required on mY P~ I inquired of my predecessor and discovered that firom the inception of the CUP in 1999, no such report had been requested or forwazded What had clearly not been an issue with the city for over six years was now being used as a device to achieve what I have recently come to believe was and still is the Planning Department's goal of shutting down my business. Having no desire to engage in these matters and becoming increasing awaze that the matter was in some manner personal to them but in no way personal to me, I listed the business for sale. The cities concerns were fully disclosed. Many of these same officials met with the buyer, my attorney, and my landlord (who is the individual who originally procured the CUP in 1999). The purpose of this meeting was to convey to these same officials that the buyer's plan of operation was consistent with the city's vision of how a restaurant should be run. At this meeting I was again maligned and disparaged, as was my business. As a direct result of this, the buyer demanded and received a huge discount off the purchase price. The buyer was plainly discouraged by these city officials from starting his business at this location. At this meeting they were also told that I would have to pay the city for "its costs" or else the CUP would be revoked. I then closed the business and turned over possession to the buyer. The buyer followed all appropriate procedure in regards to licensing and after extensive improvements, opened Roderick's in September 2006. The ABC required public posting for the requisite 30 days came and went with no objection by the city. The city also issued a business license to the buyer. Despite requests by my attorney for the "cost bill" and the legal authority to do so, no such bill was received until after the new business was in operation. It is my belief that this cost bill and the threat that it must be paid or face CUP revocation is, on its face, actionable. Citing two inspections in the fall of 2005, it alleges that over 100 hours of police time was necessary to investigate violations such as an insufficient number of "no loitering" signs and the number of forks and spoons on the table. A greater waste of city resources is difficult to imagine. I should think the citizens of Tustin would be outraged by the waste of such valuable and important resources. I know I was. Even if these precious hours were wasted on investigating my establishment, they did not result in any action whatsoever. There was certainly no charge brought. Not even a ticket. I also believe that an action against the city exists when it refused to issue an entertainment permit to Roderick's solely because the "debt" of another remained unpaid. Interestingly, the initial~application for this permit was "lost". After significant delays by the city, the permit was eventually denied. Ostensibly because of this unpaid "bill". Perhaps most important is that these officials got what it wanted- me out of business. The city of Tustin now has what is by any definition a nice restaurant in the Location. Despite this they are threatening to revoke the CUP unless I pay these sums. I have no legal interest in the CUP anymore. Its revocation would do me no harm as it is a property right I no longer have. If the city believes I am indebted to them for $8346.09, sue me! I welcome the opportunity to litigate this matter. I will of course counter claim for all the damages I have sustained and they far exceed $8346.09. I will also examine thoroughly the apparently exhaustive investigation that took hundreds of hours and resulted in no action. It's not as though they are seeking to revoke the CUP due to this new owner's non compliance. The sole basis is the sums they believe are due from me. There is no legal basis to support the claim a debt exists, let alone as the basis to terminate a CUP property right. Particularly when the city sat on its rights, failed to object to the state, and allowed the new owner to proceed with a significant investment in order to comply with their vision. Again, my goal in communicating this to you is that perhaps objective leadership can recognize that in this instance these officials have gone too faz. The existing business is in compliance. The city's objectives, whatever they may have been, and no matter how they may have achieved them, have in fact been achieved. Enough is enough. It's my sincere hope that Tustin's Leaders will fulfill their function and remind employees of what their job is, and is not. The alternative will be a further waste of city resources. And to what end? Compliance? You've got compliance. If you haven't been to Roderick's, perhaps you should go down and see for yourself if it is necessary to revoke this CUP. I firmly believe that the best interests of the city are to allow Roderick's to continue operations and to cease all its efforts in this matter. Should you disagree 1 look forward to listening to your rational. Very truly yours, Gregory M. Cc: Tustin City Attorney Floyd Farrano, Esq. Larry Smith September 18, 2006 Larry R. Smith 3185 Moritr Drive Huntington Beach, CA 92649 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92705 SUBJECT: Violations of Conditional Uss Permit 98-029 for Fitz Restaurant located at 14131 Red Hill Avenue VOS-0368 Dear Mr. Fitzgerald and Mr. Smith: On October 14 and November 5, 2005, City staff observed your business, Fitr's, operating in violation of conditional use permit 98-029. The violations are as follows: Condition ~3: Hours of sales of alcoholic beverages shall be limited to the hours when food is available. S®rvice of food menu items shall be during all business hours. Condition 2.4: Operating hours shall be consistent with other businesses within the commercial center: The dosing hours sha1F be 11:00 p.rn. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shall be admitted after the closing hours and patrons shah vacate the premises within thirty (30) minutes after dosing time. Condition 2.9: Authorization f~ the on-site sales of beer, wine and distilled spirits (ABC License Type '47") is contingent- upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization for this use permit is null and void. Condition Z.1 Z: Any bar located within the facility shall function as a food/beverage service bar. Condition 2.14: The entire facility, which includes all three (3) levels, shall operate exclusively as a restaurant. During business hours, at least 80°~ of the premises shall be designed and used for and must posses the necessary untensils, table service and condiment dispensers with which to serve meals to the public. Condition 2.15: "No Loitering" signs shall be posted at the entrance of the business. 14131 Red Hill Avenue CUP 98-029 violations September 18, 2006 Page # 2 Pursuant to condition 1.8 of CUP 98-029, you are required to provide annual financial statements identifying gross sales of food and alcohol. To date, staff has not received the financial statements. Per condition 1.10 of CUP 98-029, you are responsible for all Code Enforcement costs. Enclosed as Exhibit A, you will find an itemized cost summary of the Code Enforcement costs. Please submit payment to the City of Tustin within ten (10) business days. Should you have any questions or you would like to meet to discuss this matter, please contact me at (714) 573-3135. Sincerely, ~~ D S EN Cade Enforcement Officer Attachments: Exhibit A CUP 98-029 Cc: Elizabeth Binsack, Community Development Director Y. Henry Huang, Building Official John Strain, Police Sergeant Justine. ~Ilkom, Senior Planner City of Tustin EXHIBIT A Invoice for Costs for violations of CUP 98-029 Violator: G ~e~¢orv Fitz¢erald Location of Violation: 14131 Red Hill Avenue Department No. of Rate per hour Total Hours Tustin Police Department 106 $63.77 $6,700.00 Community Development Director 6.5 $85.74 $557.31 Senior Planner ~ g $65.24. $521.92 Code Enforcement Officer 14 $40.49 $566.86 Tota! $8,346.09 14131 Red HIII Avenue CUP violation Invoice Exhibit A 300 Centennial Way, Tustin, CA 92780 714-573-3149 E'AX 714_573-3113 Exhibit vec uw w uct i p Lawrence ~~ p.1 Lawrence Friend ~"~ & A,SSOC~~tP.s CPA InC. B~`~`~ ~ ~i Coasukants Ikoember 4, 2006 Matthew Holston, Owa~ Rodericlc's 14131 Redhill Ave. Tustiq Ca 92780 Ikar Mathew: My fine nsceived a request to dac~ment the breatdown of RoderGriclc's revern~e. Fm®. the date of inception, October 16, 2006 through November 29, 2006 ~ totaled SSbb?9.27. Food antes ~+e 529,201.78 (S 1.526), alcohol sales wam 514,6b?.bS (25.88'x) ar~d wine/beer sales w~cre S 12,809.84 ~~~~ I lmpe this inSormatlon is helpfiil. If you need additional infacmation please call. Sincerely, wncnoe Friend, CPA t4S21 Acacia Ave. 7tittin, Califs 92780 • Facsimile Telephone ~~ ® E~Mail ~~ ~ ,-~ Maitre'D 0001 RODERICK'S Total nst sales Total taxes Total discount Total sales Service 2,912 ALCHOHOL 2,892 WINE/BEER 1,095 ENTREES 880 APPETIZERS 488 SANDWICHES 882 SALAD 50 DAILY SPECIALS 178 DESSERTS 381 BEVERAGES 118 KIDS 110 SIDES 84 COFFEES 4 MISC NOlTAX 1,843 GENERAL MODS 7 PIZZA TOPPINGS 608 ENTREE SIDES 9 RESERVED Total 2,912 ALCHOHOL 474 BEVERAGES 178 DESSERTS 5,839" FOOD 4 MISC 2,892 WINEBEER ToW Sales consolidated Custom dab From Monday, Octob~~ 16, 2006 To Wednesday, Nova~nber 29, 2006 $53,790.75 $4,176.30 $2,88>s.S2 $57,967.0lf $0.00 0 Meal(s) 3,409 Client(s) 2,207 Table(s) 1,130 No sab(s) Divlsfon $14,887.65 $12,809.84 $11,878.50 $8,589.25 $4,439.00 $1,788.00 $1,238.00 $1,107.75 $948.25 $888.00 $400.00 $189.50 $50.95 $21.78 $8.50 $0.00 -$79.70 156,679.27 25.88 % 22.80 % 20.98 % 11.59 % 7.83 % 3.15 % 2.1896 1.95 96 1.87 % 1.18% 0.71 % 0.30 % 0.09 % 0.04 % 0.01 % 0.00 % -0.14 % $14,887.65 ~f.` $1,038.05 $1,107.75 1.95 % $27,007.03 47.85 % $50.95 0. $1~,s~ . t SS~.BT 1405051 - 2005 SP4 HF3 No filter ~~ ~~ $0.00 Average / diant $18.83 Average / tabb $25.68 Table tumover(m~.) 53 Frequent Diner(s) 0 Rewards Coupon(s) 0 Data date range 10/16/2008 11/29/2008 ,~ Maitre'D 0001 RODERICK'S Sales consolidated Custom date From Monday. October 16, 2006 To Wednesday, November 29, 2006 M.dias CASH $24,839.50 38.23% 392 VISA $18,428.34 .28.59% 280 M/C $12,927.15 20.08% 100 AMEX $8,011.88 12.43% 9 DISCOVER $748.09 1.18% 8 GIFT CARD PAYMNT $249.89 0.39% 8 KITCHEN SUPPLY $114.10 0.18% 8 PAID OUT ~2 $144.26 0.22% 24 GIFT CERTIFICATE -$805.00 -1.25% 875 TIPS WITHELD $0.00 0.00% 875 TIPS PAID $6,488.94 10.07% 875 TIPS DUE -$8,488.94 -10.07% Total nadhs 664,4ea.sl~ NET CASH DEPOSfT 618,150.Si Taxes TAX $2,988.05 Tax Ind 61,188.25 Total taxes 64,176.30 85 EMP DISC 25 ITEM COMP 19 DOLLAR 88 MGR 7 VIP Total discount 1405051 - 2005 SP4 HF3 No filter $480.89 6284.39 6235.00 $1,719.50 6188.74 s2,s$a.s2 Data date range 10/16J2008 11/29!2008 Exhibit TUSTIN POLIf.E DEPARTMENT SUPPLEMENTAL REPORT 08-3207 INFORMATION REPORT On Saturday, May 3, 2007 at 0215 hours~~ ~~~~,'~~ and drove through the parking lot of Rodericks, 14131 Red Hill Avenue. In the parking lot we saw approximately 10 cars parked in the parking stalls and approximately 15 to 20 people milling around. Everyone in the parking lot appeared to have attended some kind of event at Rodericks. Two of the cars had all their doors open and were playing extremely loud music. One man was seen walking through the parking lot holding what appeared to be an open bottle of vodka. Thrash was strewn around the parking lot. Everyone in the parking lot seemed to be continuing to party even though the restaurant appeared to be closed. We stayed in the parking lot for approximately 15 minutes and called marked police units in to deal with the potential violations we were witnessing. Someone saw the police cars approaching and warned the others. All the music was turned down and everyone got into their vehicles and left. The responding police officers did not see any violations and no arrests were made. Exhibit Binsack, Elizabeth THAT'S RIGHT YALL 1 MO DRANK PRESENTS LEVELS LOUNGE EVERY FRIDAY NIGHT a(,7 RODERICKS IN TUSTIN. THREE LEVELS GIVES YOU THREE OPTIONS TO GET IT CRACKIN!!! LEVEL. 1 FEATURES 2 POOL TABLES LOUNGE AND FULL SERVICE BAR. LEVEL 2 IS DA CLUB, GET YO BOOGIE WHILE DJ-OH-D BRINGS DA HEAT ALL NIGHT!!! LEVELS 3 IS THE VIP TABLE SECTION, BOTTLE SERVICE AVAILABLE. FOR MORE INFO CONTACT 714-420-0353 OR ONEMODRANKCc~GMA1L.COM EGza6ethA. ~insack Community ~DeveCopment Director city of Tustin 714-573-3031 1 t s' :.~ ~ ..~ x f 3 s ~: t f .! rn 0 N bA cd a O U GJ U CC1 f1, V] i e o - d ~ E E m z .~ g o w a v rn z g a a a a _ m ~ 8 a " > ~ f c .4 ~ m x v, 0 M bA fti N . ,~ ...., cd U cC U 0 N ,-~ O U U C~ C/~ rn 0 a~ co a .~ w ...~ U U 0 a~ 0 v ai v 0. Wa S ~~ €; ~~ ~~ Exhibit COPY ' ° NO""'E``~"'~° TUSTIN POLICE DEPARTMENT ~ I ' A°"`~ ' `"' ° NIO PllosecslTloN Dessleo ^ INSURAwce ReroRT 300 CENTENNIAL WAY SO ausPENOED ^ ~ "uO"T TUSTIN, CA 92780 R° REC~ROS O~ -,~ 1 ~ ° DOMpTIC VIOI.eNCe K ^ COURTESY d ReFE71 OT-IE11 REPOTTfB D BIAS MOTNATeD "~`~'' ~ ° GAwG R~.ATeD 9lMMi/INCIDENT REPORT o ~ , ^ coNRDeKrIA1 sex cRSIu d c0oe sECT1ON 7 ca-fenNaoexr Tree d PISMNTwcollNrs i sECnNOMwcouNrs fo OTF1ei4000NTB 11 OTHERCOUNT9 V rR- "L~. i o V ,z sPECIRC I.ocATaN OF caaaE u u am fi wr ,s TIME ~ ~ ~ OR - .., ~ . ~ .. F , . 1 ~ FIRM NAM! Ir bo rbn) i OATS RPTD ti TMIe z0 Z7 OATe z4 OAY 29 TM1E p za NAMe n.A9'r, InR9T. Mx7oLE1 zd occuFATIDN ze ao.a Z7 sex s RACE o 1 wHT o z IiBP ^ 3 9LK O 1 M ^ 4 !O O S CI9 O i JAPN ^ 7 FiL ^ 1 F O iP.18L DiVIEf Of00fN Zo REB~ENC[ AODIIE99 80 CRY STA7E ZIP CODE ft REL PFIOiIt 3Z HT: 1 ~ 9lxiltJl86 AOORE88 • 94 CRY BLIfE 2)P CODE N 81b. PIIOId! 1 1 J9 ~ YVT: 9'T cone '91 NAME lu+s'T. FIRST, wiDOlil ii OOfx1PRTKIN N ant I1 sere a tMOe D / vYlrt D 2lien D z sue - p I M O 490 O 6CM O B.WN O T FIL D1F O8P.1~. OivHT D100TH 19 IHE910ENCE ADDRI:B{ t4 CITY STATe ZIP COOe N Iltl F4i0lR N HT: 1 ) IT 9f191Plp ADDRe88 N CITY 9TATe 21-000e N BtltFllDd~ d0 WT: ~. ( 1 61 COOL It? IJAME 0.A9T, FiR9f. M1DDtlh N OCCUF!<IION 6A a0.9. N 9!)[ ~ tf0 RAC[ O i YVHT ^ z FIMP C 3 8lK D t M p t ND D 6 CM O i.NPN ^ 7 F0. O 1 F O i PJK. O i VIET 010 0TH 67 11E910ENf:E ADOIIE99 N CIT' STATE ZIP 000e m RE9. R10T8? b HT: ~ ( 1 6/ 9lMINEp 92 CITY 3TRTe ZIP COOS M ~. PFIOIiE d< Wf: ~~ 1 1 fM CODE M NAME (LAM FIR9T, MIDOIi) i7 OCCUPYCTION N a0.9. M eEx TO RACE O 1 VV11'T O 2 tiBP O 3 BI.K O 1 M 0 1910 ^ d Ct9 D 6 JAPN O 7 FIL D / F D 9 P.IBL. ^ i VIeT ^ IO OTii_ 71 RE810EIVCE ADORE86 7z Ct1Y STATe ZIP CODE 78 RES. Pti[96dl TL ItT: ( 1 7S BU91IN88 70 CITY STATE ZIP COOS 779118. PtiOliE T8 WT: ADW1E89 1 } » uCEN96r ii STATE 6t YEAR d2 MAKe si MODN. ~ 00 Updi zD40R <O PN d0 vAN 9D Rv tOD OTHER 1 D Y~OR iD COTAt 60TRLICK TO 8Mt i0 IMC N COtOR/COLOR ii OtHERCtMRAC'fER1617Ci K OI8MO8fT10NOFVEHICLE ~ ^ t THERE 18 A WITNESS TO THE CRBNH ^ z A SUSPECT WAS ARRESTED ~ ~ O 1 FlNGERPRINTB ^ z TOOL$ In 1.ORDEtA BERfIED AT SCENE BY ~ ° 3 A SUSPECT WAS NAMED ^ 3 TOOL, MAF'BtIfJA8 ° 4 ~~ 2. ENTRY MADE BY: PI ^ 4 A 9USPECT CAN ~ LOCATED C 5 A SUSPECT CAN BE DESCRIBED ° B PANYT 3. NAME OF PERSON SERVED: O 8 BULLET CASINO ^ 9 A SUSPECT CAN BE IDENTIRED C T BULLET ~ O 7 A SUSPECT VEHICLE CAN BE IDENTIFlED O B RAPE KR 4 RESPONDENT SKiF1ATURE: O S THERE 181DEMIFIABLE STOLEN PROPERTY O 9 SEMEN THERE S A SIGNIFKANT M O O 10 8L.000 . , O B I ^ 10 SIGNIFICANT PHYSK:AL EVIDENCE IS PRESENT ^ t t URBVE ~ CSI PERFORMED BY: O 12 H/11R G 11 THERE IS A MA.K)R INJURYBEX CRIME INVOLVED NAME d Pi O 13 FIREARM G i 2 THERE IS A GOOD P0831&UTY OF A 9q.tlTION , O t4 PHCII O~RAPHB ^ 13 FURTHER INVESTIGATION NEEDED ^ 15 OTHER DESCRIBE) NOTES: ~ 14 CRIME IS GANG RELATED O 15 HATE CRIME RELATED ~ TOTAL LOSS ~ DOLLAR AMOUNT O 18 REPRODUCTIVE HEALTH CRIME !q SUPEFNISOR AT SCENE: (flANf(, NAME d ID NO.1 i4 ROl1TE0 9r N ENTE!'ND 8Y % DATE i7 REPORTWKi OFFICER / ~ NO ii GATE fN APPROVED 8r J O Na 100 GATE I \~~~~0 ~`/'}~}`--'~7 /J `ICJ TpO r1tx11REV 1//031 ' TUSTIN ~ ( PAGE . ADDITIONAL NAMES ' 1 CRI POLICE DEPARTMENT , rvo rTDy- Irv a2ooe~ (~ ~ - -l Z 0006 SECTION 3 CRIME 4 REFER OTHER REPORTS ~ ~Jri m . V S IOCATKkI 1 ~~ a AREA 7 cODE a NAME ILMT, FIRST. MIDDLE 9 occuPATION 1o D.o.s. 11 sEx ,p RACE 1cq WI/T x H C ~ M , IaP ~ 6uc 7/ •~ 41Np S CNI 6 JAPN 7 Fil t F ._. 8 P.18L 9 NET 10 0TN 19 RESIDENCE ADDRESS 11 CITY STATE ZIP CODE 16 RES. PIgNE 16 HT. W 17 SU&NESS NAM! 6 AOORESi -- 16 CITY STATE ZIP CODE 19 BUS. PHONE 1 1 --- 21 EMAK. 22 CELL PHONE '. 1 I ~,. 1, LICE.N6E1 21 STATE M YEM ?t MAKE ?7 MODEL .. ~ ii OOY p UNK 2. 4-D11 1': PN 61.: VAN 6C RV 10:. OTHER B gTYLE t '. ' 2-d1 3 ; ; CONY S i ~' TRUCK 7 f " 3AY p _; M/C 2p f.OlONC01.011 30 OTHER CNAMCTERISTK:i 31 OKWOSITION OF VENICIE . 32 COO! 33 NAME (LAST, FIRST MI 34 OCCUpAT10N 36 D O B . . . 36 SE7I 37 RACE v t VVi1T ~ 2 NtBp ~3 BUC -_ ~ JApN ,J 7fiL r C C F ., o 6P!IBL 9v~T D'IH.__~ .._ ~ RESKENCE ADORE7H6 3E CITY STATE Zqt CAE 40 REB. PHONN ( I 41 HT. 42 BUl41NE66 NAME i AOOf~68 43 CITY STATE ZIP COD! N BUD. PPK)NE t f 46 1AIT!' 46 EMAIL 47 CELL PHONE ~ 4e LICENSE M 4p STATE 50 YEAR ST MAKE 54 MODEL '~ / V 0 L: UPS( 2 ~_: 4-OR 4 q PN a .'_, VAN 8 ~=: RV /0 C; OTHER 80DY W ~ SME 1 C 2-Oq 3 i: CONY S u TRUCK 7 ;~ SAN 9 ~ M/C _ 64 COLOR/COLOR 55 OTHEA CHAMCTERKi't1C8 __ _ 56 D0iP081TiON OF VEHICLE 67 CODE S6 NAME (LAST. FIRST, MK)OLE) 59 OCCUpAI'Idd e0 D O.& S f ~ . ` et SEX + M gp gACE ~ YV11T ;_ 2 H19p 3 BlK ' ~ 4 INO l C \ .~-, i y -. 1 F . . S PN ~ :- 6 JAPN :J T FK. C S P.164 C 9 NET ': 10 OTM Q W 63 RE IOEI4CE N.CITY STATE Zip COOS _. % RES. PHONE ._.~ 66 HT. '- ~ ~ CIfY STATE Z~COOE M 76 Vii: ~' 7/ E AK 72 CELL P/IONS l 73 74 STATE 75 YEM 76 MAKE 77 MODE. 7 ~ 0 L IN~K1 2 n 4•DR 0~ PN 6 u VAN 8 y ITV 10 CI 0TI1ER /- ~ 7~ STYLE 1 ~ 2.011 3.^., CONS S G TRLKX( 7 ~ 8AN e G MID ~ 79 COLOf Mf OTF~1C7'11WACTEI'~fICB Si ONP~i'FKIN O/YEfECLf ! i " r' e~ F~ SE CODE tS NAME ME-, P6gT, MEf01.q M OCCUMTMN 66 0.0.8. N , SEK h RACB ^ 1 YII1R Q 2 HIE- ~7 3 8t.11 = C 1 M O 4 Sib ~ 6 CN c r JAPN ^ 7 pK, ' .7 1 F C S P.EiG ~ r VIE1 ~ ~ 10 OTN ~ ~BKXENCE ~ ~ CflY BTME ZM CODE 96 Rlt. PHONE 9/ NT. ! ) 92 8U91NE86 NAME 6 ADDRESS 9a GTY STATE ZIP CODE 94 8U6. PHONE i 96 yYT! N EMAK. 97 CELL PHONE 1 ~ IiCENSE • M STATE 100 YEAR 101 MAKE 104 MODEL i BODY D C UNK 1::, 4-OR 4 G PN 8 ~ VAN 9 ~ RV 10 OTHER Y STYLE i i., 2-DA 3 r CONY 5 =TRUCK 7 -: SAN 9 . M/C _ _ _ _ _ a 101 COLOR~COLOR 106 OTHEq CHWIACTEWSTIC6 106 DISPOSRKIN OF YENiCLE t07 CODE 106 NAM[ N16T, FMi6T, MgOI.[I 7 06 OCCUPATION 1 10 D O B . . . 111 9E11 1 12 RACE 1 UIFf7 ~_ 2 HX)p :: 3 BLK .. 1 M r 4 X,p _ 6 CMI ~ 6 JApN _= 7 FM. T f ~ 6 P.EIL ."_ 9 NET - : 10 OTN 113 RESIDENCE ADDRESS 1 14 CRY STATE ZIP CODE 115 RE6. PROP! 1 _ 16 NT W . 117 BU81NED6 NAM! 6 ADORE66 11 6 CRY 9TATE Zlp CODE t ff BU6. PiK)NE 1 1 1 20 N?: 1Z1 EMAIL 122 CELL PHONE I 1 Z3 LICENSE A 124 STATE 12b YEAR 126 MAK! 127 Moog 1 ' ~Y 0 : tHilt 2 -: t-OR 4 PN a =. VAN e . RV 10 -_ OTHB1 STYLE 1 '.: 2.OR 3 :_ COIN 5 _. TRUCK 7 = SAN 9 : MA; ~ 129 COIOR/COIOR 130 OTHEiI CHARACTERISTICS 131 D13POSIT10P1 OF VEHICLE TUSTIN POLICE DEPARTMENT INFORMATION REPORT CR 08-2783 I received an a-mail from Commutity Development regazding Rodericks, 14131 Redhill Ave. This a-mail explained that it has been brought to the City's attention Roderick's is advertising an event on Friday evenings from 2100 hours - 0200 hours. This promotion was seen by searching ® on My Space under "1 Mo Drank Productions." Detective ~ went to this website and printed the attached advertisement. The website advertised, "Levels Lounge @ Rodericks Every Friday Night from 9:OOpm to 2:OOam." "Ladies aze free, Guys aze $5 before 11:00 on the guest list." I contacted Alcohol Beverage Control, and told them about the "1 Mo Drank Productions" website. ABC Supervising Investigator viewed this website and informed me Rodericks is in violation of conditions on their alcohol pernut, and in violation of other ABC laws. faxed me a copy of Roderick's conditional use permit, see attached One of the provisions of their permit is sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 1:00 a.m. Fridays. ~ also explained it is an ABC violation to allow ladies into an establishment for free while charging men. said ABC is conducting an investigation on Rodericks on separate matters, yet this case is still pending and to reveal the details in this report may thwart their investigation. ~ said ABC will contact me prior to any actions they take as not to interfere with our investigation. On 04-11-08 at 2130 hours, ~~, Detective Detective and I secreted ourselves in the parking lot adjacent to Rodericks. I have been inside Rodericks before and have been introduced to the owner, Matthew Houston. When we arrived, I saw Houston taking tables and chairs out of Rodericks through the rear North West door. When he was done, I counted about 40 chairs and 10 tables stacked in the parking lot.. At about 2140 hours, Officer and Officer entered Rodericks in as undercover capacity. The following conditional use permit violations were observed. The below explanations of the permit. are abbreviated for reading ease, see original permit: (3) 2.1 No ofd site coasamptlon of alcohol. At approximately 0020 hours, ~ and walked out the front door each holding two bottles of Bud Light bottles. ~ and ~ spoke with the bouncer as they stood outside (approximately 10 feet away from the front door) holding their beers. This person was identified as the bouncer because he was checking identification at the front door with an ultra violet light. The bouncer never asked~~~; o~;~~ to bring their alcohol inside. As they were speaking to the bouncer, and noticed a subject openly dnnkuig a bottle of Corona beer outside near the front door. The bouncer never asked this person to bring their beer inside. They also noticed a few other people drinking what appeared to be alcohol (glasses of dark liquid) on the front patio area. (2) l.3 Hours of sales of alcoholic beverages shall be limited to hours when food is available. Service of food menu items shall be during all business hours. (5) 2.12 All bars shall function as food and beverage service. (~ 2.14 All 3 levels shall operate as a restaurant. and purchased beer at approximately 2145, 0135, and 0145 hours (04-11-08 - 04-12-08). At approximately 2230 hours, and ~ sat down at a table upstairs. They asked a female server if they could order food. The female said the kitchen was closed and proceeded to taro off the lights upstairs. She told them the top floor was closed and asked them to go downstairs. ('n 2.14 At least 80'!0 of the premises shall be designed & used to serve meals. Muat possess necessary utensils, table service & condiment dispensers to serve meats. and noticed the top floor had approximately 4 utensils presort. The (2) 2.4 Closing hours shall be 12:OOam Friday and patrons must vacate the premises within thirty minutes afiter dosing. tLne. (ABA' conditional use permit states sale:, service, and con:umptton shall cease at 1:00 a.m. on Fridays, see attached ABC permit. bottom floor salt and pepper shakers, but they did not recall utensils, napkins, or condiments. The middle floor did not have any tables; utensils, or condiments. The middle floor seemed to be used primarily as a dance area consisting of a dance floor and disk jockey. When we arrived, I saw restaurant owner Houston taking tables and chairs out of Rodericks through the rear North West door: When he was done, I counted about 40 chairs and 10 tables stacked in the parking lot. I believe a majority of these tables and chairs came from the middle floor and were removed to make space for dancing. At approximately 0030 hours, ~ and ~ counted approximately forty patrons inside Rodericks. At approximately 0050 hours I called Rodericks and a female voice answered, "Good evening, Rodericks." I asked her what time they closed. She told me they would be open for another 45 minutes. and rpurchased beer at 0125 hours. They noticed other people still purchasing alcohol at 0150 hours, and the bar appeared to stop serving alcohol around 0152 hours. (~ 2.11 Applicant shall obtain a Public Dancing Permit and Entertainment Permit prior to offering dancing and Uve entertainment. I located a Rodericks live entertainment permit which states piano bar, jazz/blues singer, and live bands are authorized. Any different type of entertainment must be requested in writing to the Director of Community Development. No dance permit was located. The middle floor had a disk jockey playing music, and a dance floor where people were dancing. During the course of our investigation, several observations were made in the pazking lot. At approximately 2200 hours Detective ~~observed a male, later identified as ~~~ smoking what appeazed to be marijuana in the Rodericks parking lot. was seen smoking with other subjects who later went into Rodericks. Detective conducted a vehicle stop for a vehicle violation as ~ left the scene. During this stop, told he had a medical marijuana prescription and presented related documentation. also said he smoked marijuana with other people in the pazking lot of Rodericks earlier that evening. ~ was released at the scene. At approximately 2230 hours, I observed a male loitering directly to the rear of Rodericks. I noticed he was crouched down by some bushes and it appeared he was vomiting. Detective and Detective spoke to this subject and identified him 1~M~~~A records check revealed was an H&S 11590 drug registrant. noticed was drinking an open bottle of Sierra Nevada beer. said he just purchased the beer across the street at the liquor store. ~ nodced vomit on the ground where I saw ~ crouched earlier. ~ later returned to the rear of Rodericks where I observed him urinate in public. Detective ~~~ also observed a different subject who was a Rodericks patron urinate in the pazking lot. While at Rodericks,'~, and ~ overheard a male claim to be a "Watergate Crips" gang member. A vehicle stop for a vehicle violation was conducted on this subject when he left Rodericks at approximately 0230 hours. This subject, identified as ~~ admitted he was a Watergate Crips gang member. ~ was released at the scene. From the time I arrived, until approximately 0150 hours, I heard music emanate from Rodericks. I was parked approximately 50 feet away from Rodericks and 100 feat away from an apartment complex. At approximately 0020 hours, about five subjects- leaving Rodericks held a very. loud conversation which lasted approximately five minutes in the parking lot West of Rodericks. This conversation was most likely audible to the adjoining apartment complex west of Rodericks. One of the subjects who partook in this conversation fumed their caz stereo up very loud and screeched their wheels in the parking lot while driving away. Throughout the course of the evening, ~~ and I saw Matthew Houston on the premises. I noticed Houston picking up trash and putting the chairs and tables back into Roderieks at approximately 0200 hours. I ran a computer check on calls for service at Rodericks for the past year and attached these calls. Some of these calls included the following: • Subject Disturbance • Fight disturbance • Auto Theft • Hit and Run • Burglary • Vandalism • Suspicious occupied vehicle Contact TPD records for further information on these calls. I request a copy of this report be forwazded to Community Development. ~i ~: fi~ ,_ ~#~w~i:~.~, ~: •ti ~'.` .i`~'' .. . t ` ;L k ^ x . L . .., ~..~. APR-09-2008 10 59 'aNTA ANA ~ P. 02 BEFORE THE DEPARTMENT OF ALCOHOLTC BTiVERAGE CONTROL C-~ ~~ OF TT3E STATE OF CALIFORNIA In the Matter of the Application of: HUSTON Matthew Kodcrick HUSTON Thcresa Louise UE3A: Rodericks 14131 Red Bill Tustin, CA 92780 File: 47-442707 PET1TlON FOR CONT)ITTONAL LICENSE For issuance of an Un Salo Clencral Public Eating Place License Under the Alcoholic Beverage Control Act WHEREAS, petitioner(s) has/have filed as application for the issuance of the above-referred-to license(s) for the above-mentioned premises; and. WHEItTA5, the privilege conveyed with the applied-for license requires that the petitioner(s) operate(s) the premises, in good faith, ag a Bona Fide Public Eating Place; and, WHEREAS, the proposed premises and/or parking lot, operated in conjunction therewith, are located within 100 feet of residence(s); and WHEREAS, issuance of the applied-for license without the lxlow-described conditions would interfere with the quirt onjoymeM of the property by naarby residents and constitute grounds for the denial of the application under the provisions of Rule 61.4, of Chapter 1, Title 4, of the California Code of Kegulations; and, yyHEREAg, the proposed premises is within 600 feet from Frontier Parr; and,. WHEREAS, issuance of an unrestricted license without the below-described conditions may imzrfere with the public use of the above-mcntiondd consideration point; and, WHEREAS, the issuance of an unrestricted license would be contrary to public welfare and morals; NOW THEItEFOItE, the undersigned petitioner(s) do/does hereby petition for a conditional license as fellows, to-wit: O1. Sales, service and consumption of alcohc~lie beverages shall be permitted only between the hours of 09'00 a.m. send 12:00 Midnight, Sunday through Thursday; and between the hours of 09:00 a.m. and 1:00 a.m., Friday and Saturday, and New Year's Eve only. lnitials~ n,BGi7z luau) APR-09-2008 10 59 "aNTA ANA , P.03 HUSTON Matthew RUderick ~~ ~ ~~ , HIJSTON Theresa Louise 47-442707 Page 2 U2. The quarterly gross sales of alu>holic beverages shall not exceed the gross salts of food during the same pcriad. `fbe licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than nn a quarterly basis and shall be made available to the Dcpz~rtment on demand. 03. There shall be no more than seven (7) amusement machines, vidoo game devices or ponl tables maintained upon the premises at any time. 04. F,ntertainment provided shall not be audible beyond twenty five (25) feet oi'the exterior of the premises under the control of the licensee(s) as defined on the ABC-257 dated 07-24-06 and AAC-253 dated 07-24-06. 05. There shall be no topless male or female performers, or fashion shows permitted on the premises ai any time. 06. The petitioner(s) shall be responsible for maintaining free of litter the azea adjacern to the premises over which they have control, as depicted on the ABC-257 dated 07-2406 and ABC-253 dated 07-24-06. 07. The parking lot of the premises shall be equipped with lishting of sufficient power to illuminate and make easily discernible the appearance and conduct of all parsons on or about the parking lot. Additionally, the positian of such lightins shall nat disturb the normal privacy and use of any neighboring residences. This petition for conditional license is made pursuant to the provisions of Sections 23800 through 23805 of the Business and Professions Code and will be carried forward in any tn3nsfec at-the applicant-premises. Petitioner(s) agree(s) to retain a copy of this petition on the premises at all times amd will be prepared to produce it immddiately upon the request of any peace officer. The pctitionex(s) understand(s) the any violation of the faregoing ccmdition~s) shall be grounds for the suspension or revocation of the lieensc(s}, DATED THIS - ~ 1 DAY OF Appli etitioner phcant/Petitioner net- i n tvW) T('1Td D G1Z 00000ooooorr~ rrrrrrrrrrrrrro~ ~ooooold ~Y yn O1fJ1Q1Q141JJODOD~000 NrrrrNNNNNNNNNr -'wW W W~P I W lQ Q, H Or W wwONOrF~F-'N JOrrrNOOrrrNNN W ONNOOOrO - f't (D ~], (n 7y F-+OOOOr JNJJ~DOOr W N W U'I~AOD~OrNN~D1DtDO~PU'1a1rl--~C1Da1U1 I fD ~ ~"S HO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 C1 (D H r JJJJJJJJJJJJJJJJJJJJJJJJJJJJODOD000DODODODOD•I ~ UI 7..0 • • U! O OOrr NrrNNF-i00rNrOrrNrON0000NONN000000 I --] •• W O O W~ D r a D O N N~ D 01 W U 1 r W 0 01 W O r r W O O r r N O N O r O W~ P N N I N• ro r NrlfIrOU1WlI1~PF~O~ArrU1N~RNrArO~POOW W O WrNN~PU'IrW r dOrWU'IJW Ja10D1D~DJODOWO~PrODQ10D0~010DJJ~OWO1~PdDN01~OW~P I (D ~P r t~H~bdHHbdnyn~~cn~bdy~nC~n~n~NNn~~b~rororororou~~~~ I y CyW ~(/~~..+H (J~(/)(n('~(1~n[ajlltC,"OD~[nNnN W NNNnrrH('~nC~nndrrr I ~ p1 r J N b ~O ro W 00 U1 O Ut O~ 01 ~ U7 Ui N d W U1 U7 U7 - rt o ro~ r cHnu+u,droron ~u~rocn - rn ~ ~ ~z 70d rr G]G~°z G7 ~ ~ d t~ ai mnyro~dod *xwy~~~H nrorot~rororororo~mrocn - z ox ~C~'' HH OL3I *\ CJ HHHC."b',D-[rJ~,'D-CCCCHdd I O BAH ~~ to 7CHbcn~~t-'x1~i~tnx`~ H474~mHHt~H~HbdG')bd - H rr H H (A O HH ~ --~aCxi-+xJ~'1. 7d 044 I rr ro roro Nro cn roro ro n N ~oo 00 o ~~z~~ny~n~~w~N~~~~~ ~ ~ddmrr~rr~e~d~ \c n cnyy O Ccn-~C t7n O HHfA~CrJ~~~~~~~ ~ ~ ~y~~OHro~~7dHz~C~HtFi~ ~`~`~naa - r 0 0 000 0~ ~ onn nn r ro rob ro zz~x ro~~ o~~~~~ ~~~ ~ o ~~ ~ gn~n yin ~ r~ r~ pNCn~gtiroCyo~i o HrC7xlnn 7doccot7onnrrnnnnooor - d a~u~OE~aaa~~tnrow~blitng O~ rHH~n rO~n~n000~~nrn~n - N• 3~3~j oo ~b-~o~ ~ b rororo ~ -ro a~°n o .. ro - ~ ~- I o N ono o NOOOI~ ~ W ~0 rt0r 41 NrOr - n b I \ hj ~- in ~~no ~-+ ~wu,w I d Q. ~p W ~P10W r 111NN10 I H rR. r -~ O O O O O O 0 0 0 0- d ~ (p w J wU1~P O W NNN I H W .. .. .. .. .. .. .. .. I \ N U1 N W N~PW O Wll1WUt 1 O r O 01 Q1t-~ W W OO~O I~ OH p ~ O r 0 0 0 0 N O O N U1 W N N r N O tp N r 0 0 10 r O O r r 0 0 0 0 0 - lJ1r~PODJODrW~D~O rr~PlJ1r r--~ ~DU1l11WrtOUiW~ONU11plJ'IN~AaD I .. .. .. .. .. .. .. .. .. OOONrrN~PiAN Nrr~PF•+ W ~P IONNOIl1~DU1NrONN1-+Nlli W 1 (~ ~Pr41GD W NODN•01111 JUtCD Wlli UiOD ~O1pCDNODIONGDIl1N~P Jlli~PNOD I (~ W~ N 0000ooooocooooooooooaooaooooo000oooolw 00000000000000000000000000000000oooo-W NN W W W W W W~~Pll1tl1l11UIU1111U1U'111t0101C101Q101G101OtiOOONNNF•~N - (0 J~DW W W W JtOr~INNNWIl10101a10DOi-'F-~1--~F-~~-~A~D-~taO~PrPOOF-'W 01 - "..! OD ~P N N W ~P t0 r lp N 01 OD \O F-~ r .P• 01 ~O In Co O to ut t11 W W ~'+ ut J W .P W W 01 !-~ .P I rt U1W WdDO~P~A~P01111ODU1WrNr01U1NtOrOrrJJODr~U10~P011J10r I U1t)D100 WOtOr10lJ1iAJ WrPJJOONU7r~DOrN W~ArJ W O~POGD WU7 I rrrrrrrrr--~--~rrrrrrrrrrrrrrrrrrrrrrrrr I y- rrrrrrrrrr--~rrrrrrrrrrrrrrrrrrrrrri•~+rr I p,, wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwlri rrrrrrrrrrNrrrrrrrrrrrrrrrrrrrrrrrrrl~D pp~~ ~~qq ~~jj pp~~ pp~~ I ~ G d ~U' U~ d ~G C d ~G ~U' ~U~ d ~U' ~G C~'J G G U~ d d G~ d C C d d ~G ~G G ~G G~ G~ G G~ m xxxpCxxxxxpCxxxpCxx]C]CxpC~Cx~CxpCpC~Cxxx~C]CxpCpCx I H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H I rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr- rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrl CCCCCCCCC<CCCCCCCCCCCCCCCCCCCCCCCCCC- I I I ro C~ ~n ~ - o o I d y n to to I a C H o N l rt vy z ~.rn I ~D Ho O O I H N J J I '1.'~ O O Noly w w w I N- owl~ ~o ~o I (D ~ ~ I N N I U7 U7 I ~nlrn H 1 ~ I ~ I Q H (i] ~ 1 H x b I y r OI dnl H (] I U] I C I ih13{i 1 1 1 7r 1 n I N N I d t11 l!1 I W 1 ~ I 1 . I I ~ I ri I h•'- I ~ n 7° o ~ c ] b ~ ~_ d a o I H N p, N ~ O I Cy ~ N N I H fA •• I \ N (A W I O O I O H O O O I lD W 1 I \ N W N O I (~ ~ U1 I f3 w M J J r H n ~~- ~ 0o r w 0 o I p. N N r (p N 01 I ','j U1 ~1 I rt h-~ W I U7 J I N N 1 '~ ,~ ~ I a ~~ I a wwlH I ~ x, ~ . m ~i I ddl xx~ H H I rrl rrl I CCU 1 I I ro I I ~Q 1 ~ I ~ ~ ~- C Y`~ .. Exhibit ~1° MO"~P"~"'PO TUSTIN POLICE DEPARTMENT ' AOAG~ ' `"' ° 410 PROBECUTIOM OEBIRlD ^ 11a111uwcEREPORr 300 CENTENNIAL WAY 8 O 8lI8PEN0ED ^ ~'"R""'~O"T TUSTIN, CA 92780 R^ RE(~RpS - ?j Z ~,~ ^ DOMpTIC ~~ K O CAURTESY s REFEII OTF1El1 REPORTS ^ BIAS MOTIVATED CRIMEANCIDENT REPORT ^ co1alDEMru-L sEx caME ^ ~,~ U ~ ~ ~ ~ 3 e carESECr1oN T cRwEieaaoENrTrPE a PRXaARxcaiNrt- • sECONaMT>scolavts ,o OTHtl4CQI1NT6 tt an1ER~cot»+Te ,. '' ~ 2Z i ~ - , . ~ ~ ~ tx aPECeRC LocAT1oN of caws ,a ,~ DATE to DAY a ttME _ 17 FIRM NAME IM kcaea„1 • oAtt RPTD 1e TMlE x0 r 0.QE xx DAY xS nME x4 NAME (WT. FgbT. MIDDLE) 26 OCCUFMTIOl1 ~! D.O.e. 27 8EX ?t RACE ^ t YVlif O x HISP O ~ SU( O 1 M 0 1 IPID O S CHI O 6 JAPN O T PIL 1- O• PIeL O e NET O ,0 QTiI~_ ?o ItESIOENCE AODIIESS SO Cm STATE ZM CODE t1 REe. PHOI~ 3x HT: 9e St/SIWE/i ADORES{ 34 Cm STATE ZIP ODDE J6 SUS. PMOlE 3e VIR: f ) 9T COO! ~/ NAY! (LAi~ FIRfT. MIOOIB 7e OOCUFiQ1D1/ b 0.0JL It ea Y RAC[ O t wFR D 9 HMP ^ 7 eLK O t M O~ ee O e CM ^ e,MPN O T Pq. D t- D• RyL O e wET O to oTN W RElIOENCE AOOIIEq M Cm STAT/ 21P CODE N Rtl PNpeE M M: ( ) f7 eVerllEM AOOREq Ie Cm STAR ZIP CODE N M1LPF10leE 60 WT: 1 ) St CODE 32 NAME (LAST. flRBT. MIDDLE) 53 OCCUFYCfiON DJ QO.e. S6 SEX ~ 5e RACE O 1 WHi O x HISP O 3 BlK p, M ~~ IN6 O S CFN ^ 6 JAPN O 7 FE ~ i F ^ e P.ISL. 0 e VST 0 100TH ,y„ 6T RESX)ENCE ADDRESS Se Cm STATE ZIP CODE Se RES. PHONE e0 Ht: 1 et auaXeEes ez clTr sTAR nP caoE ea EuB. PHONE s4 wT: ADDRESS t ) e6 CODE M NAM! tLAeT, FIRST, MIDDLE) Bf OCCURtTpN et QO.B. M ~( TO RACE Q 1 WFrt O 2 FeSP O 3 BLx ~ i M ^ 1 erD G S Cltl ^ 6 JAPN O T FIT. ~ / F O •P.IM.. O eVIET 0100TH Tt RESX7ffNCE AOORESi Tx Cm' STATE ZIPCOOE TS Exa. PHONE TA MT: 1 TS ~rr/x~ee Ts cTrr STATE zw CAE n eus. vHONE Te vtT: ADDRESS 1 t nl LICENSE/ e0 STATE e1 YEM ex MAKE 93 MODEL B06Y _-p}I~/{ xOM011 •O PAt SO VAN •O RV 100 OTHER s.... •17 Y~ i D x•OR SD CONY~~ S01'IRIC6 70 8!W 00 MR3 t~ ,~i Sb CI.OR- N OTHERCH41RYiCTERIBtICE ST /OPYE4NGLE:. M ^ 1 THERE 18 A WYfNE88 TO THE CRIME ~ O 1 FlNdERPRINTS ~ t. ORDER SERVED AT BGENE 8Y a ^ 2 A SUSPECT WAS ARRESTED ® ^ 2 TOOLS ~ ° 3 A SUSPECT WA8 NAMED ^ 3 TOOL MARKIN08 ° 4 ~~ 2. ENTRY MADE 8Y: PII ^ 4 A SUSPECT CAN 8E LOCATED ° S PAINS C S A SUSPECT CAN BE DESCRIBED 3. NAME ~ PERSON SERVED: ^ 8 BULLET CASINt3 ^ 8 A SUSPECT CAN BE IDENTIFIED t ° T BU .LET C 7 A SUSPECT VEHICLE CAN SE DENTIFlED ^ S RAPE KR 4. REiSPONDEN7 SKiIVATUR£: O 8 THERE 181DENT7FIABLE STOLEN PROPERTY ^ 9 SEMEN ^ 9 THERE 18 A SKiNIFICANT M Q ^ 10 BLOOD . ^ 10 S1t3NIFICANT PHYSICAL EVIDENCE 13 PRESENT ^ t t URINE ~ C31 PERFORMED BY: ^ 12 HAIR ^ t t THERE IS A MAJOR INJURY/SEX CRIME INVOLVED NAME 6 Paf O i3 FIREARMS ,: 12 THERE IS A QOOD POSSIBILITY OF A 3~.UTION O 14 PHOTOGRAPHS ;~ 13 FURTHER INYEST7QATION NEEDED ^ t5 OTHER (DESCRIBE) ~~' :, t4 CRIME I8 t3ANCi RELATED ^ t 5 HATE CRIME RELATED e0 TOTAL LOSS /DOLLAR AMOUNT ^ t B REPRODUCTIVE HEALTH CRME 93 SUPERVISOR AT SCENE: (RANK, NAME t 10 NO.j ~~ 64 ROUTED BY 96 ENTERED 8Y B6 GATE 97 REPOFiTOtp OFFICER / Xt NO fX1 GATE tiq 8Y ~ ID N0. 100 DATE TPD+nDD TREY t/Ak!) ~ ~ '~7 I PREMISE! 7 I POINT ~ ENTRr • I PROPIIITr/ATTACKED 11 I TRAOEWIIK! lUeMlli! L L' 1 BAJWVSAV LOAN flNANCEICREDIT UN C 2 BAR ^ 3 CLEANERSA.AUNDRY ^ 4 CONSTRUCTION SITE ^ S THEATER ^ 6 FAST FOODS ^ 7 aA3 3TATK]1V G' a MIOTEUMOTEI e DEPTJDISCOUNT STORE ^ to auwsPOaT aooos ^ 11 JEWELRY STORE CI t2 LIQUOR STORE D 13 PHOTO STAND ~ u coNVeNIENCE STORE D 16 RESTAURANT D 1lSUPERMARKiT D 17 TVAiAD1p Ct 1• AUTO PARTi o to s-crcLE sALEe O ?d CARIMOTORCYCLE SALES ^ 21 CLOTHING STORE G 22 HARDWARE o z, MEDICAL a 24 OFFICE BUILDING c 2e er•IQE STORE C 20 WAREHOUliE G 27 OTHER G Za AR4RMENT ~ ~ C 30 CONDOMINIUM C 31 DUPI.EJr/FOURPLEx C 3Z GARAGE ATTACHED C 3e GARAGE DETACHED 34 HOUSE D 3o MOBILE HOME a 3f OTHER 0 37 CHURCH O 3s HOSPITAL D 3o PARK/PL~1YaROUNo O 40 PARKING LOT O 11 PUBLIC BUILDING ^ 42 SCHOOL. O 43 SHOPPING MALL p 44 STREET/HWV/Al1EY C 46 OTHER_ 0 ae CAMPER L~ C 47 MOTOR HOME C 48 PASSENGER CAR C 4e PICK-UP 50 TRAILER S St TRUCK _ 52 vAN 53 OTHER u t vRONr 2 HEAR V 3 SIDE CI 4 DOOR u s WINDOW I .I a 9LIDMIG aLwss DOOR 1178ASEMENT I e ROOF rl 9 ROOK ^ 10 WALL "~ t i DUCTNENT 12 GARAGE 13 ADJ. BUILDINGi t4 0R0UND IEVEI ;~ i! UPPER LEVEL ^ IeulwaNOwN ^ 170'TIIEII 1 N0 FORCE USED 2 WINDOW sMABHEo 3 ATT'l11PT ONLY 4 BOOM.Y FORCE C S BOIJ CUT / PLJERB `; a CHAlNEL LOCK/PWE wRENCHNICE GRIPS 7 SAVVA7RLLLieURN e 9CPIENIDRNER ^ e TIRE IKON t 0 UPq( PRY BAR ^ 11 CCVQ 1/AN13ER WIRE ^ 12 KEY 8UP SHIM 'J 13 PUNCH ^ 14 i~eADVE LOWERS ^ tSeRK2t/ADCK c to Nlo w BL,tLDINo ^ 17 tNAL,KEp w ^ /euwlarlowN o u or~I C 1 D00'FYlOC1C FORCED C 2TRUNKFDRCEO C 3 VArIDOW BROKEN C 4 WINDOW FORCED C S WwDOW OPEN c e uNLOC-cEo C 7 UMCNOWN / e OTFIER /NYSICAL COl~fTIOM 17 ^ t UNDER N4FL. ALCOHOL! C18 DRU08 7 2 SIgVINJURED ~ 3 SENIOR CTTIZEN 7 4 BLOND ~ S HANDICAPPED e oEAr< C 7 MUTE 8 MENTALLY,'EMOTIONALLY IMRVRED 9 OTHER L~v l NISI ACTK1lN 11 '~ I CASH NOTES ,., 1 pEMANOEp MONEY x10 1. 2 CLOTHESIFLIR C 2 NrFLICTED INJURIES 3 CONBlR1ABLE x0008 ^ 3 SELECTNE w LOOT C 4 flREARMB ^ 1 STRUCK VICTIM C S HOUSENOI.D GOODS O S ALARM DISABLED ^ e JEWELRY METALS ~ e ARGON 17 7lIVESTOCK ^ 7 ATE ~ PREMLSE8 G e OFFICE EQUIPMENT p e p~ VICTIM G e TY/RAOIOVCAMERA D c to MISCELLANEOUS c e CAT BURGLAR C 11 UNKNOWN ' tO DEFECIITEDIURINATEp C 12 OTHER Lit DISROBED VICTIM FULLY ^ 1 ---- 2 DISROBED VICTIM R~ATIALLY ^ 13 ~ WEAPON ^ t SUSPECT CI.MIA7IED 001 D 14 ~~ ~ TO MOVE ^ 2 uNlcnlowN IF cuMAxED o /e FQRf~D vIC Inr•nD vF.NicLt ^ 3 vICTIM sOUNO~mEO ^ /e HAD BEtN DRevlc~l6 ^ 4 VICTIM MR1R/d O 6 OOVEPIlD VK:TIM FACE p /7 NYDICATION MU,,YI SUSPECTS O e PI1070GRAPHEp VICTIM ^ to KNlW LOC. HIDDEN ITEMS ^ 7 vIC ORALLY COPIJUITED SUSP ' 1e MADE c 20 RAC®F~FERrY w BAawOCxEr ^ e sueF oRALLr coPLx~IrEO v>c ^ e RAPE BY MSTRUMENT !FOREIGN C 21 PRER~IrEp ExR OBJELT~ C 22RANBACKEp O 10 8000MY C ~ R1pPEI1tiUT CLO'TFiMIp c nBUGpEBTEO vK; coMMIT LEwo C 2~1#JT OFF PowER PERVERTED ACT ^ se sMOK®ON PREMISES ^ 12 eneEarED PINfiEll INTG VAGINA d 2a SEARCHED VICTIM C: f3 FORCED VIC TO FONDLE 9USP ^ 27 BIJbF'ECT ARMED u 14 SUBP FC4VOLED VK:11M ~ ~ O ZaTFnEl~l~ RETA1,1AfTION C 16 MAf>rURBATEp SELF i ~ 7 ~ TDp(p,EY ~ ' Q IeoTI/ER ^ SOTOOKVICTIMrBVEHKIE ~ ~ 3170RIIJRED i C 32 UNDpI INFLUENCE DRUGS W~~ i8 MEMBER OF NEKiF1 "7""" C10! = 3S IgEp OEINAMD NOTE Ot G YES02 C NO ~ t8 MEMB PI ' ~ ^ ~ L~ ~ E of OPE iq ION IDWT7 a ~ t~ ~~ es c rEea c e~-wArcH7 o ~ use M~cr•hcANOLE 06 ~] VESOB ND 0 37IIB~VICTMBNAME FIAO IIDAAE~NEde MIBPECTION9 O 3e UBeIi VICTeM'et D7 ~ YESp~ Q NO wHEN7.! 0 3. ueEO vlcTplra TOOLS ~ ~ . 40 VEl1 NEEDEp TO REMOVE ~ PROPERry ^ 4/ CunolscoNNECTED PHONE ^ G 42 0~19®LOCAITION BEFDRE CJaedE _ ~- 13 POLIOWED/STAU(ED VICTI3l _ ^ 44 OTIiER RELAATIOIIBiMP TO tiIJBtEC'T C !HUSBAND G 2 WPE C 3 MOTHER ^ 4 FATHER 7 SDAUGHTER 6 SON 78ROTHER c e SISTER e mHEA FAMILY 10ACOlJAM~fiANCE 1 t FR~Irp ^ 12 BOYFRIEND ^ 13 GIRLFRIENp ^ 14 NEIOFIBDR ^ 13 euswE88 ASSOCIATE C to STRANGER r 17 UNKNOWN 1• eMU-RAL iTA31lte t t . t sINGLa 019 2 MARRIED 3 DIVORCED ^ 4 SEPARATED O S ANNULLED ^ e coMMaN uw 0 7 WIDOwrERI ^ e uN-orowN ^ 9 OTHER SUlM . PRtT. TO O! 1d Q11 1 CONDUCT'111G SURVEY G 2 CUSTJCIIENT O 3 DELIVERY PERSON ^ 4 DISABLED MOTORIST ^ S DRUNK rJ a EA~IOYEElEMPLOVER p 7 FRIENDfREU1TNE C e IWIWUREO C Y NEED PHONE C 10 POUCEMW O 11 RENTER ^ 12 REPAIRMAN ^ 13 BALE OF e.L.IClT GOODS O 14 BALkB P'EABON ^ 16 SEEK A8818TANCE C to SEEK DIRlCTIOlf! C 17 9EEIONG SOMEONE ^ to sOUC1T FUNDS G 19 OTHER C t AUDIBLE ALARM ^ 2 BIL.ENT ALARM .~ 3 PRIVATE BECURRY PATROL ^ 1 DOA O 6 BTANDAIiD LOCKS ^ e AuxluARr LOCKS lDEADBOLT, WINDOWS. ETC) 0 7 WINDOW eARe/oRe.Le ^ • oLrTeIDE LKIINTIII40 ON c 1- ur81oE I.K;f.IITING oK 70 tiAP1A8E DO011 LOCKED G 11 OlBpJ11ED WdTTEERIOR VIEW (COMMERGAL/IUSMIEBS) - 12 sECURTIY BIGNINO IN.W. ALARM ETC.1 /3 UPMWOVVN 14 OTHER ADDITIONAL NAMES /LAW ENFORCEMENT PERSONNEL ONLY A- ASSISTED At SCENE C• CRIME SCENE INVESTIGATION F- ASSIGNED FOLLOW-IJP OFFICER P- PERIMETER ASSIST W- WITNESS PAGE + w +.nA _ r ~ ! • i , 177 r,rglE I I~+ M LoA Ifv 10 NU lul t4FM r NAMF ~ ~ , ~ I TUSTIN POLICE DEPARTMENt 111 A+,ENI.r nMIHEtiS _. _..-.ITV-~_---- ~~_ _.__i __._ LIP r1'l A~.F.N(:Y PMTINE 900 CENTENNIAL WAV TUSTIN CA 927l~ -__~.__ _ IJ3 C.AN 'E5Tli'r rrr ~ / IW ft )llE 115 N.vtE ILAoT FIfE,1f NAME 1J61O NO 14: A('iENC;Y NAME /~ ~ ~ i TUSTIN POLICE DEPARTMENT ~ ..-__ _ ~__.____ _ ___- i4e Af.E W:Y nODHE93 -_. flfY .-_' ~TATE ZIP 119 AGENf,Y PHONE 700 CENTENNIAL WAV -- - - TUSTIN -~ CA 92780 IsocAN resnFr ro n .-~ ~ ,. ~ - 151 CODE 157 NAME +lA3T, fifiSr NAME t5J b NO lyq A~~r ~~ TUSTIN POLICE DEPARTMENT tee AaENCr At3DaESS cm srATE zr t se AcENCV PHONE 300 CENTENNIAL WAV TUSTIN CA 92780 (~ 157 CAN THSTiry TO teat coOE r NA a r ,eo IO No. 1e1 AGENCY NAME TUSTIN POLICE DEPARTMENT tet AcENCV ADOatu clTr rArz zlP 300 CENTENNIAL WAV TUSTIN CA tea AEtENCr PHO/i 92780 164 CAN TESTIFr TO ree cooE lee r wear NAMlI ler to No. tea ADENCr NAIAE TUSTIN POLICE DEPARTMENT 1N AGENCr ADORE38 r-1rr STATE zIp 300 CENTENNIAL WAV TUSTIN CA 170 AGINDr PHONE 92780 ( rn cAN rESrlsv Ta 17Z Coo! , /a NAME ILAfT. -IaeT NAMEJ) i 7t 10 NO. t 75 AOB4CY NAM! TUSTIN POLICE DEPARTMENT tte AaENCr A13Daesa clrr surf ztP 300 CENTENNIAL WAY TUSTIN CA 92780 nr AGENCY PFgNE (~ rn cAN rESrlrv ro- t7E CCJO! 1e0 NAME IWT, flaeT INIr1A1J 111 b NO. Ie4 A(SEN6Y NAME 1p A43ENCY ADONEttE CITY STATE ZM rMl AOENDV Pt10/1E lee cAN TESTIfr ro: lee CODE 197 NAME II,AST. FIRST NA MEN INe IO aVp. 19e AGENCY NAME t9O AOENC/ ADDRE48 CITr STATE LW 191 AGENCY PHONE 197 CAN *E6TIFV f0~ 193 CtiDE ' 734 ^U1ME!LAST PIRST NAMEI +9a ~D NO. I 79e AGENCY NAME , 9B CAN ?ESTIir *O~ 200 C90E ~ 201 NAME -LAST PIRST NAME] 20J AfiENCr aGOPE45 1+R ~ AN 'ESTIFY 'O ~OJ PEP(ifRIN :'iFFIf,ER ~ ~v NO 1 CITr CI Tti STATE ZIP I :97 AGENCr PRONE [02 !C NO. i '03 AGENCY NAME i STATE IIP :+.e GATE ! _~9 APPFhiVEC k1Y : IO NO. ~ i I ,OS AGENCY PHONE Zt i GATE TUSTIN ----------- ------- - PAGE AUDI I IVIIlAL IVAME.~i POLICE DEPARTMENT Tr , cRr or,o3r-IREVe~sooe~ 2 COOP SECTION ~ 3 CRIME 1 REFEII OTHER REPOI,TS VVV 6 IOCAi,ON !AREA 7 COOS • NAME IWT. FIRST, A/1001q 9 OCCUPATION 10 D.O.d 11 SEK 1Z RAC! " 1 VMT Z IIIeP 3 BI.K .~. 1 M ': / IND ~_. 5 CHI ..'. a JAPN 7 Ff1 ~' , F :: { P.ISL. _ 9 VIET t 0 0TH , 3 RESIOlNCE AOORESi 11 CRY 9TATE ZIP COOS 16 RES. PHp1~ 1 I 16 NT: » euefNEes NAME a ADORESe f e cm STATE Zw caDE f f Bue. PHONE 1 1 20 1AIT 21 EMAK. ZZ CELL PHONE 1 1 Z3 l1C WSE / 21 STATE Zd VE/1R Ze M/1KE ?T MODLL ~ OOY O I..: UNIT 2 C 1-OR 1 C PN 6 . VAN f V RV 10 L OTHER B gTyLE l C' 2-OR 3 C CONV 6' ~i TRUCK 7.. SAM 0' ; AMC _ ?• COIOR/CO1011 30 OTFIER ClMRACTERgT,Ci 31 OMP0f1T10N OP VEHICLE 32 cow 3a NAME n.Aet I°MIET. A110D1a1 31 oCCUMTION 36 D.o.a 3s 91x 37 RACE ~ f 1MITT ~ Z IIIEr .. 3 nuc o, a ^ 1 f10 c e CHI G e.IAPN ~~ 7 PE, C 1 - ^ • P.qL C f VfA' ,,^, f0OTN N RpIOEMCE AODIIlN 3e CITY 8TATE ZM CODE 10 RH. PIpNE Ii A11! ' 1 1 1! EUeIIIEeE NAME a ADOREEE N QTY eTATf Zi COOE M elw. P1101! 1 1 Ie vYn N tAU11L Q CBL PIIOIM '~A v, 1 M 1 ICeNR r N STATE s6 YEM 61 MANE 62 MOOlL ~ . sa eaoY o c uNK z c 1-DR a ~, PN a r~ vAN e c Rv ,o c oTIIER W erYLE , G 2-DR 3 ^ coNlr 6 ~:. TRUCK 7 C SAM f ::: M/C -- -- _ ~ e1 coLOnrcoLaR se oTHU cruRACTERIEnce 6f olelAoE1T1DN aP vEwQ.e f7 CODE s. NAME O.AeL FeiJ1T. MIDDI.Q N oCCIwATION N D.OI at eoc as RACE C , lvlrr C 2IpeP C ] EUt ~ ^ 1 M ^ 1 fID C 6 CHI C 6 JAPN CI 7 lqL ^ 1 P C 1P.gL C 1VIET '. f0O7N ~ p I~DIDOICE ADDIYSE M CRY `_,_ Ai ~ STA7E LP CODE N RE1. PHONE N liT. 1 1 R EUe1NieE NAME a AODREN N CRY e7A71 ZIP C00E N EUe. PH01f! 70 YYi: 1 1 71 EMAIL 7Z CELL MI011E 3 1 ! 73 uc WEE r 71 3TATE >s YEAH 7e MAKa n aDDEL m O Li ulac Z G 1-011 4 C~ PN f C VAN e C ITM 10 ^ oTHm ® oor e7YLE I C Y-011 S^ COIN e G 71NlQI1 7 G eiw f C MAS _9 ~ 70 COWMCOWII NOTNEII CNMACTBESIIw ES OIEP0NigN OP MBeC11 q cooE N NAME IIAE-. PiliT. ME70L~ M ODOIAIVIDN N D.o.! , N eEx f7 RACa ^ 1 w1n C Z INM C S eux v 1 M C I fY0 C 6 CiI ^ e JAPN O 7 P11 C T - ^ a RIN„ C / VIET G 10 OTN N REN7QICE AD011/EE N CRY SUTE Z1000E N Rp. PMOM 1 1 f1 Irl: 12 e1ue+EN NAME a Aoo11EN o 0 QrY snRe zr coot w eue. PHONE 1 N vrr. N EMAIL f7 CELL PFKIIE 1 N ucElveE I N sfATE 100 VEM 101 MAK! 102 MODE. 1 lt0DY 0 C UNIC 2 C 4.OR 4 C PN 6.'- VAN f C RV /0 C OTfiW STYtt 1 L' 2-011 3 C CONM 5 -'-.. TRUCK 7 C SAY / C AMC ___ 101 COL01VCOl0R 106 071181 QIARACTElg771Ce fp f D~y~ ~ ~~ ,m coDE f ae NAME lusr, Fxarr; AMODLq f a OCCUMTION ,16 o.o.a ,,, 4EK „2 RACE ~ , NnIT ~ 2 IfeP , 3 e1Lx C 1 M C I INO i s CHI f JAPN ~', 7 Fll %, P G ePIeI_ ' OVIET .',00TH 113 RESIDENCE ADDREeE 1 11 CITY STATE ZIP COOS f 16 REe. PIK)NE 1 1 ) 16 111: ,17 BUetNESS NAME t ADORES6 1 1 f CRY STATE ZIP CODE 1 11f BUe. PHONE 1 1 20 VIF. 121 EMAIL 122 CELL PHONE 1 1 ,23 UCENSEr t216TATE 12S YEM 12f MAKE 127 MODEL 1 _" ~Y Oi. UN( 2 4011 1'_ PN 6:.; VAN e.. RV ,0. OTHER S1YLE 1 : 2.OR ] - CONY 5 -. TiNJCI( 7 ":: SIW f" MA: _ _ _ 1?9 COIOR/COLOR 130 OTHEiI CINRACTBraTICe 131 018P08fT1pN OF VEHICLE TUSTIN POLICE DEPARTMENT INFORMATION REPORT CR 08-3207 I received an a-mail from Community Development regazding Rodericks, 14131 Redhill Ave. This a-mail explained that it has been brought to the City's attention Rodericks is advertising an event on Friday evenings. An advertisement posted on MySpace promoted by "One Mo Drank Productions" read, "Levels Lounge @ Rodericks Every Friday Night from 9:OOpm to 2:OOam." "Ladies are free, Guys are $S before 11:00 on the guest list." I contacted Alcohol Beverage Control and told them about the "1 Mo Drank Productions" website. An ABC investigator viewed this website and told me Rodericks is in violation of conditions on their alcohol permit, and in violation of other ABC laws. One of the provisions of their alcohol permit is sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 9:00 a.m. and 1:00 a.m. Fridays. It was also explained to me that it is an ABC violation to allow ladies into an establishment for free while chazging men. I obtained a copy of Roderick's conditional use permit, see attached. On Friday, 0411-08, we conducted a surveillance on Rodericks. Multiple ABC violations and conditional use violations were observed including off-site alcohol consumption, premise functioning primarily as a bar as opposed to a restaurant, and exceeded hours of operation. Refer to CR# 08-2783 for fiuther information on this surveillance, the conversation with ABC, and the Rodericks promotion. On 0424-08, the "1 Mo Drank Productions" advertisement was still posted on the Internet. While searching websites, I found another promotion website on MySpace referring to Rodericks. This website was promoted by "T.K Entertainment Group." This advertisement promoted, "Club 714," "Drink Specials All Night," "Shots On Us," "Free `Til 11 PM - SS ARer" "Every Friday / 9:OOPM - 2:OOAM." I printed both website advertisements and attached them to this report. On Friday, 0425-08, we conducted a second surveillance at Rodericks. At approximately 2140 hours, ~~~~~ Detective ,Officer and I secreted ourselves in the Rode;rick's parking lot. Officer ~~~_~ and Officer went into Rodericks in an undercover capacity. They were patted down by the bouncer and charged a five dollaz cover charge. They later reported seeing three females enter and not paying a cover charge, hence the promotion advertising ladies enter free. ~ and ~ received wristbands showing they were over 21 and could purchase alcohol. Those who were under 21 were able to enter but they did not receive a wristband. The following conditional use permit violations were observed. The below explanations of the permit are abbreviated for reading ease, see original permit. (3) 2.1 No off-site consumption of alcohol. At approximately 2240 hours, ~ and ~ walked out the front door each holding a bottle of Bud Light. ~ and ~ stood approximately 10 feet away from the front door in the patio area for approximately 10 minutes. They held their beer in front of them in plain sight, occasionally holding their beer over the railing into the parking lot, and taking sips of the beer. I identified a male as the bouncer because he patting people down as they entered Rodericks. This bouncer stood approximately 7 feet away from and ~as they were holding their beers. I watched the bouncer make eye contact with ~ and ~ several times. Most of the time the bouncer was not busy and his view of the beer was unobstructed. ~ and ~ were never asked to bring their beer inside. At approximately 2345 hours,' and ~ walked out the front door each holding a bottle of Bud Light. ~ and ~ stood approximately 10 feet away from the front door for approximately 20 minutes. They held their beer in front of them in plain sight, occasionally holding their beer over the railing into the parking lot, and taking sips of the beer. The bouncer stood approximately 6 feet away from ~ and and ~ spoke with the bouncer. The bouncer never made reference to S or ~ beer which was in plain sight, nor did he ask them to take their beers inside. also noticed three other people drinking what appeared to be alcohol (glasses of dark liquid) and bottled beer on the front patio area. (2) 2.3 Hours of sales of alcoholic beverages shall be limited to hours when food Is available. Service of food menu Items shall be during all business hours. (S) 2.12 All ban shalt function as food and beverage service. ~ and ~ purchased beer at approximately 2145, 0016, 0106, 0130, and 0146 hours (04-25-08 through 04-26-08). At approximately 2150 hours ~ and ~ ordered food. Food, napkins, and silverware were brought to them. At approximately 2300 hours -they attempted to order food again. They were told by the bartender the kitchen was closed. At approximately 2320 hours, they attempted to order food from a different bartender. They were told the kitchen was closed. They attempted to order food at 0020 hours from a third bartender. They were again told the kitchen was closed. ('n 2.14 At least 80a/o of the premises shall be designed & used to serve meals. Must possess necessary utensils, table service & condiment dispensers to serve meals. and did not see any utensils (napkins, spoons, forks, knives, condiments) present on any floors. Throughout the entire evening, ~ did not see anyone eating or ordering food. (2) 2.4 Closing hours shall be 12:OOam Friday and patrons must vacate the premises within thirty minutes after closing time. (ABC conditional use permit states sales, service, and consumption shall cease at 1:00 a.m. on Fridays, see attached ABC permit. At approximately 2250 hours I called Rodericks (714655-2709) and a female answered "Good Evening, Rodericks." I asked her what time they closed. She told me, "Two." At approximately 0045 hours, ~ and counted around twenty-five patrons inside of Rodericks. Around that time, the girl issuing wristbands at the door left the scene. end purchased a beer at around 0146 hours and Rodericks appeared to close around 0200 hours. (7) 2.10 Shall not exceed 12 "bar seats" within the lounge area and 4 "bar seats" within the main level dining room. and ~ counted 10 barstools on the middle level and 12 barstools on the bottom floor. I was unable to determine the definition of "main level dining room" and the "lounge azea" in this permit. This information is for community development who can determine if there is a violation. During the course of our investigation additional observations were made. When we first arrive, ~ watched a male drinking a 20 oz can of beer to the rear of Rodericks prior entering the establishment. At approximately 2300 hours, Officer smelled a strong odor of banning marijuana coming. from the Rodericks men's restroorn. During our first surveillance on 411-0$, we observed Rodericks patrons smoking marijuana in the parking lot. During this surveillance, there were several different bands taking turns playing on the upper level of Rodericks. Nobody was dancing and there was no dance floor. During the surveillance on 4-11-08, a disk jockey played music and the middle floor was turned into a large dance floor where patrons danced. ~and~ asked a bartender why there was no dancing that evening. The bartender told them there was dancing every other Friday. The bartender continued to tell them that tomorrow (04-26-08) was "Latino Night" and a few hundred people were expected at this event. I request a copy of this report be forwarded to Community Development. I also request a copy of this report, along with CR# 08-2783, to be sent to ABC. APR-09-2009 1059 SANTA ANA P.02 BEFORE THE DEPA,I2TMENT OF AI.COHOLiC BEVERA(;iE CONTROL C~2 ~~'3 ZUl OF THE STATE OF CALIFORNIA In the Matter of the Application of: I-iUSTON Matthew Roderick HLTSTON Theresa Louise U$A: Rodericks 14131 Red bill Tuzriin, CA 92760 File: 47-442707 PET1T10N FOR CONUITTONAL, i,_ICENSE For issuance of an On Sale General Public Eating Place License Under the Alcoholic Beverage Control Act WHEREAS, petitioner(s) has/have filed an application for the issuance of the abovo-rofeared-to license(s) for the above-mentioned premises; and, WHEREAS, the privilege wnveyed with the applied-for license requires that the petitioner(s) operate(s) the promises, in good faith, as a Bona Fide Public Eating Ylace; and, WHEREAS, the proposed premises and/or parking lot, operated izt conjunction therewith, are located within l ~ feet of residence(s); and WI4IEREAB, issuance of the applied-for Ncense without the below-described conditions would interfere with tba quiet enjoyment of the property by Eby ~~~ ~ ~~~ grounds for the denial of the application under the provisions of Rule 61.4, of Chapter 1, Title 4, of the California Code of Regulations; and, WHEREAS, the proposed premises is within 600 feet from Fmnticer Park; and, WI~IEREAS, issuance of as unrestricted license without the bolow-described eoaditions may imnrfere with the public use of the above-mentioned consideration print; and, VV~IEREAB, the issuance of an unrestricted license would be contrary to public welfare and moralY, NOW TIIEREFORI/, the undersigned petitioner(s) dodoes hereby petition for a conditional license as fellows, to-wit: O1. Sales, service and consumption of alcoholic beverages shall be permitted only beRween rho hours of 09.00 a.m. and 12:00 Midnight, Sunday through Thursday; and between the hours of 09:00 a.m. and l :00 a.m., Friday and Satwday, and New Year's Eve only. Initials; ~ / ABC-172 S2nx-1 APR-09-2008 10 s 59 SAP(TA AI~1 P.03 HUSTON Matthew Roderick C~ ~ i78 , "~-~ l Hl1STON Theresa Louisa 47.442707 Page 2 U2. The quarterly dross sales of alcoholic beverages sha11 aot exceed the gmss sales of food during tbt same pericxl. "1'he licensee shall ut all times maintain records which reflect separately the gross sale of fcxyd and the gross sales of alcoholic beverages'of the licensed business. Said records shall be kept no legs frequently than nn a quarlerly basis and shall be-made available to the Department oa demand. 03. Thera shall be no more thaw raven (7) amusemant machines, video game devices or pool tables Aiajntairled UpoIi tli8 prClai6CS at any time. 04. Entertainment provided shall not be audible beyond twenty five (25) foal of the exterior of the premises under the control of the licensee(s) ax defined on tha ABC-257 dated 07.24-06 sad AHC-253 dated 07-24-06. O5. Thenc shall be no topless male or female performers, or fashion shows pertiuttai on the premises at say lima. 06. The pttitioner(a) shall be responsible for maintaining free of litter the area adjacant to the premises over which they have control, as depicted on the ABC-257 dated 07-24-06 and ABC-253 dated 07-2~4-06. 07. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily disceznible the appearaiiee,and copduct of all parsons on or about the parking lot. Additionally, die parities of such liglmnQ shall sot disturb the normal privacy and use of any acighboring rcaidancee. This patitIoa for cor~itional license is made ptusuant to the provisions of Sections 238 through 23805 of the Buainass and Professions Coda sad will be carried forward in auy transfer at the applicant-premises. Petitioner(s) agree(s) to retain a copy of this petition on the premises at all limas acid will be prepared to produce it immediately upon the request of say peace offices: The petitioner(s) understand(s) that any violation of the foregoing condition(s) shall be grourtde for the suspension or rcvocetioa of the license(s). DATED THIS - ~ I DAY OF ~- Appli ctitioner r~ [~r~uY~ IRP ~ . 20Q~} plicant/Petitioncr nee-in c~~ TOTAL P.03 ~~~~ MySpace Page 1 of 3 N orivacy ~ rc!iQ I :~,un'.~p . ~ ~' a~ u~..a ~•v Y ~~ „ •...,, People Home I Browse I Search I Inwte I Apps i Mail (Slogs I ravortes I Forum I ,.;roues I Events I MySpaceTV I Music l Comedy (Classifieds MySpsta Events Hotted Ry:: Hatallt V. e-mAH 1Mhont Friday Jan 25, 2008 at 8:00 AM Whara:: Club 714 A Rodarkks 14131 Rad Hill Ave. Tustln, 92780 Canada Vlaw Map r Potted Sys THE PRE~IDENTfl11 Evanb Homa I Cruta leant I MY Calendar CLUB 714/ Add t0 IMy Calsifldar • Login to RfVP to thb awM I i i SPREAD THE WORD... » ^loq thb » ~ullatin thb 214 and owr Club, Casual AtMra. With W sidsrklek/ Inbarswpa a 7ri! Raeorda a o~ oH- D COME JOIN US THIS FRIDAY ~ CLUB 714 We haw Dj, Skitkkk W/ Intarscopt aIIVE Records In tht Roust a D7 OH-D Hosttd By Natalia V. Musk: Hip Hop/ Rtgpt Fully Stocked Bar and Smoldr-p Path. Free Entry All Night Wkh Guest Lint. For Mort Info call me st :714-395-3746 Nstalle V. or emaU me st natalievOtkentertalnmentgroup.cOm ' I need names snd last names of Guests attentlny. For Bottle Servke or Birthday partles please tat me know atleast 2 Hours fn advance. 'THIS IS THE NEW SPOT IN THE OC EVERYONE IS STARTING TO TALK ABOUT•... Come Psrty Wlth Usll! ladies Dress Sexy and Men Lets Get It rrackin• TK ENTERTAINMENT PRESENTS TFeB MACtE OR yGEO MIAs YEild MOPED OR DELETED Lati.//-----~- ---- ~ . .. ... MySpace T.K ENTEI ~~ ..~~;, 1 Q ~ rREtENTt 21+ WITHVALID ID'~f I EVERY FRIDAY ~ 9:OOPi1~ - 2:OOAM '.FREE `Tll 11 PM - $5 AFTER ./. ` CASUAL DRESS` CODE 3 Q RODERICKS 14131 RED, HILL~AVE. TUSTIN,,CA~,92780 f •. DRINK SPECIALS'ALL NIC~HT!!!~ SHOTS ON US!!!'~ MUSL~BY DJ SIDEKICK~°~ DJ.O~H-D ~: HC's ~ ~C~:~~.Y:. NATALIE V,DJ SIDEKIC ~DJ<Ci-~~ . ~ ~.,~ ~,`. ~ GUE~~l1~/11A~R~ INI~.L~14;393.3~ , Q. . ,_...CLt~L~714~'1'KENTERTAINMENTGROU~!t'~ . i IiAYSI~ACE,COIII~/T'ICENTERTAINMENT~~Ot~ ~~~ Page 2 of 3 Event Guests S AtteuMin~ + 15 Guests (20 TOW) View AN : +~ Attendlny » Maybe » Gn't make (t » Not Responded L u_.//______i_ _____ _ _ MySpace ~esponse~s •~nd Gammenks Displayle~ 2 of 2 Comment(s) '+ Add ~ comment ]an 2S, 2006 7:06 PM I will t+e attending with 4 Guests lan 2~, 2006 11:16 AM I will be attending with 5 Guests sadt to Top Add a commtnt Ad/ Cosnnont sit I EAfl I L~ 1 P_.aey Po~ev i ~afoly Tloa i~ I i 1 ALatla4 ®2003-2008 MYSpace.com. All Rlghts Res~rv~d. ~-~v~j -3ZV1 Page 3 of 3 Laa_.//_____~_ _______ _ _ - i s n nn .. _ ._ Exhibit 24 Community Development Department May 14, 2008 City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3100 Roderick's Attn: Matthew R. Huston 930 S. Keene Drive La Habra, CA 90631 SUBJECT: 14131 RED HILL AVENUE CONDITIONAL USE PERMIT 98-029/Resolution 99-29 V08-0298 Deaz Mr. Huston, On July 21, 2006, City staff met with you regazding the conditional use permit violations from the previous business owner at 14131 Red Hill Avenue. At this time, you were made aware of the conditional use permit's conditions of approval at 14131 Red Hill Avenue (Resolution 99-29). Condition 1.8 of the conditional use permit states that audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol,~must be submitted to the Community Development Director for annual review. To date, no audited financial statements have been submitted to the City for review. YOU ARE ORDERED TO DO THE FOLLOWING: 1) Submit audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol from January 1, 2008 through May 1, 2008 to the Community Development Director within five (5) days from the date of this letter. Please be advised that failing to provide this information within the specified time could result in a civil penalty of $100.00 each day per conditional use permit condition 1.9. Please contact me at (714) 573-3135 should you have any questions. Thank you for your cooperation in this matter. Sincerely S en Code Enforcement Officer City of Tustin Enclosure: Resolution No. 99-29 Exhibit 5 ~e~o1 c i w w. i i y ~nwiv~ wo Lawrence Friend CPS & Aasociatea, CPA, Inc. ~' May 21, Zoos Matthew Huston, Owner Rodericlc's 14131 ]tedhill Ave. Tustin, Ca 92780 Dear Mathew: N. My firm reveived a request to docnmmt the breakdown of Roderick's reveaua. Fas the period May 1, 2007 through May 1, 2008 sales totaled 1497,103.77. Food aaka were 5263,897.25 (53.1'K~ aloodrol, beer aad wine salts ware 5233,206.52 (46.9'16). I hope this infont~tioa is helpful. If yw need additiomil information plea9e call. Sinverely, avvreaoc Friend, CPA 13301 Fl;~ Dr. saga Ana, C~}iforois 927os • Facsie~;le • Telcpbonc ~~ E-Mail Exhibit Community Development Department June 9, 2008 Roderick's Attn: Matthew R. Huston 930 S. Keene Drive La Habra, CA 90631 SUBJECT: 14131 RED HILL AVENUE CONDITIONAL USE PERMIT 98-029/Resolution 99-29 V08-OZ98 Deaz Mr. Huston, TUST[N On May 22, 2008, City staff received your audited financial statements separately identifying gross sales of food and gross sales of alcohol from May 1, 200'7 -May 1, 2008. However, in the letter dated May 14, 2008, City staff requested audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol from January 1, 2008 through May 1, 2008. Condition 1.8 of the conditional use permit states that audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol, must be submitted to the Community Development Director for annual review. YOU ARE ORDERED TO DO THE FOLLOWING: 1) Submit audited financial statements and schedules separately identifying gross sales of food and gross sales of alcohol from January 1, 2008 through May 1, 2008 to the Community Development Director within five (5) days from the date of this letter. Please be advised that failing to provide this information within the specified time could result in a civil penalty of $100.00 each day per conditional use permit condition 1.9. Please contact me at (714) 573-3135 should you have any questions. Thank you for your cooperation in this matter. r 300 Centennial Way, Tustin, CA 92780 • P: (714) 573-3100 • F: (714) 573-31 13 • www.tustinca.org BUILDING OUR FUTURE HONORING OUR PAST Exhibit Lawrence Friend cry & Aaaocis<tes, CPAs, Inc. u ~ 2a, Zc-os Matthea- xustion, ovrner Itoderck's 14131 Redhdi Ave. Tustin, Ca 92780 Dear Metbea~ My firm recatred a raqueat to document the 6r+ealodowa a~RodericYs i+e`r~eaue. Far tin; period Janu~y 1, 20~ Msy 1.2008:atCS totaled i1Z4,378.60. Food aelas wrere S63,I27 00 (SO 75'K). abo~, beer and wine safes were 561,25I .b0 (49.25'J4~. I hope this mt~natioAa i$ heli-fiil. If you need sdditicsyal information please call siac~ely, ,~'. Lawresice Fziemd, CpA ~~s~~~~~ ~~ - _ ~ ~Yw~ Exhibit C.~ D~~ t NO SUSPECT INFO , TUSTIN POLICE DEPARTMENT 2 A ACTIVE a CRN ~ NO PROSECUTION DESIRItD ~~~. INSURANCE REPORT "s , - 300 CENTENNIAL WAY S SUSPENDED COURTESY REPORT ; q RECORDS O ~ ~ U~) DOMESTIC VIOLENCE 't- TUSTIN, CA 9Z78O BIAS MOTIVATED K COURTESY GANGRELATeD - - CRIMEIINCIDENT REP~ iT 3 FEL. 5 REFEROTHERREPO ~ - CONFIDENTIAL SEX CRIME P k100 (REV 4/0~ MISD. ~} ~ ~ V 8 CODE SECTION 7 CRIME/ItIC1DEHT TYPE 8 PRIMARYCOUNT9 9 SECONDARY-COUNT9 10 OTHER-COUNTS it OTHER-COUNTS ~ ~~" ~~ ~ +At y22~vv ~ . ti , 12 SPECIFIC LOCATION OF CRIME 13 OCCURRED it DATE 15 DAY 18 TIME °~ ~ I y i 3 i2 ~~~ ~- ~ ~~ J • ~ - DNORBETNf$1 v ~ ~, w f3 ~ R ~ Z +3 v U ; 17 FIRM NAME lAt lacetbn) B DATE RPT'D 19 TIME RPT' 20 AND 21 GATE 22 DA 23 TIME R u ~ --Z c. ' S ~ } ., z 3v o v `v ~ ~A T v, ~ v Z4 NAME (LAST, FIRST MIDDLE) 25 OCCUPATION 28 D.O.B. 27 SEX 2S RACE 1 WHT - 2 HI$P ' ' 3 BLK .~ 1 M : J IND 5 CHI - 8 JAPN 7 F t F B RISL. 9 VIET t0 0TH _ 29 RESIDENCE ADORE39 30 CITY STATE LP CODE 11 RES. PHONE 3 V 1 1 7 33 BUSINESS ADDRESS 34 Cm 51ATE LP CODE 35 BUS. PHONE 1 3a WT: 37 E-MAIL- 38 CELL PHONE 1 1 39 CODE 40 NAME (LAST, FRST, MIDDIQ 41 OCCUPATION 42 D.O.B. 43 SEX 44 RACE t WFIT _; 2 H19P ~ 3 BLK " :_ 1 M _ 4 IND 3 CHI - 6 JAPN ~ 7 FA 0 1 f 9 P ~ 9 VIET ] 10 OTH 43 RESIDENCE AODRE88 48 Cm STATE ZIP CODE 47 RES. 1 1 b NT. 49 BUSINE98 ADORE88 'S0 Cm STATE ZIP CODE BUS. PHONE 51 WT: y 1 I H W 53 E-MAIL 54 CELL PHONE 1 1 \ 56 CODE 58 NAME (LAST, FIRST, MIDDLE) 57 OCCUPATION 58 D.O.B. S9 SEX 80 RACE :_ t WHT _: 2 HISP 3 BLK j :. t M _ 4 IND -.' 5 CHI -: 6 JAPN ~ 7 FIL ~ C 1 F = 8 P,ISL : 9 VIET =. 10 OTH - 81 RESIDENCE ADDRESS 82 Cm STATE LP CODE 83 RES. PHONE 84 HT: 1 ) 85 BUSINESS ADDRESS 88 Cm ST ZIP CODE 87 BUS. PHONE 88 WT: ~ 1 1 80 EMAIL 70 CELL PHONE 1 I 71 CODE FIRST 72 NAME (LAST MIDDLE'{ 73 OCCUMTION ' , , 74 O.O.B. 73 9EX 78RACE r 1 WHT 2 H19P = 3 BLK _; 1 M `_'. 4 IND '_: S CHI - 8 JAPN ~, 7 fll G 1 F - 8 P.ISL '_: 9 VIET "= 100TH 77 RESIDENCE ADDRESS 78 Cm STATE ZIP CODE 79 RES. PHONE ( 1 80 HT. 8/ BUSINEBB ADDRESS ~ 62 Cm STATE ZIP CODE 83 BUS, PHONE 1 1 84 WT. 86 E-MAIL 86 CELL PHONE 1 1 B7 LFCENSE Y BS STATE 89 YEA 90 MAKE 9I MODEL 0 . UHI( 2 J MOR 1 _ PA1 8 - VAN ! ~= RV 10 ~ OTHER B . ODY STYLE 1 2.OR 3 =CONY 5:_ TRUCK 7 ~ SIVV 9 C: M/C __.__ (~ 93 COLOR/COLOR OTHER CHAAACTF3118TICS 95 018POSRION OF VEHICLE a 98 1 THERE IS A WITNESS TO THE CRIME 2 A SUSPECT WAS ARRESTED - t FINGERPRINTS 97 - _ 2 TpOLS W U = 99 1. ORDER SERVED AT SCENE BY W PA 3 A SUSPECT WAS NAMED ~: 3 TOOL MAFiKING3 -- - 4 A SUSPECT CAN BE LOCATE - 4 GLASS ~ 2- ENTRY MADE BY: PM _ 5 A SUSPECT CAN BE DESC D -' S PAINT - V 3. NAME OF PERSON SERVED: 6 A SUSPECT CAN BE ID FLED . 8 BULLE7 CASING - 7 BULLET F ~ 7 A SUSPECT VEHICI AN BEIDENTIFlED W ~ =. 8 RAPE KIT ~ 4. RESPONDENT SIGNATURE O 8 THERE IS IDENTIF LE STOLEN PROPERTY y Iyy 9 SEMEN p C ~ 9 THERE IS A SI IFICANT M.O. O 10 BLOOD ~ 10 SIGNIFiC PHYSICAL EVIDENCE IS PRESENT ~j 11 URINE loo CSI PERFORMED BY: T 2 HAIR 11 THER A MAJOR INJURY/SEX CRIME INVOLVED NAME 8 PN _ 13 FlREARMS ___. 12TH E IS A GOOD POSSIBILITY OF A SOLUTION 14 PHOTOGRAPHS _ t 3 RTHEA INVESTIGATION NEEDED - 15 OTHER (DESCRIBE) ~ -_ NOTES: u- CRIME IS GANG RELATED ---- 15 HATE CRIME RELATED ~ 70TAL LOSS /DOLLAR AMOUNT --- 18 REPRODUCTIVE HEALTH CRIME -------- - - - _-__ t Ot SUPS "' ENE: RANK, NAME & ID NO. 102 REPORTING OFFICER/IO NO. 1103 DATE t04 APPROVED BY/ID NO. 105 DATE ^ _r`. ,1 _.l A CRM 1'REMISE3 BUSINESS 1 BANK/ ;AV LOAN FINANCE/1:HEDIT UN 2 BAR 3 CLEANERS/LAIJNDRY 4 CONS iRUC: TION SITE 5 THEATER B FAST FOODS 7 CAS STATION 9 HOTEU'MOTEL 9 DEPT /DISCOUNT STORE 10 GUN/SPORT GOODS t 1 JEWELRY STORE 721I000R STORE t 3 PHOTO STAND t 4 CONVENIENCE STORE 15 RESTAURANT ~. 18 SUPERMARKET . 17 TV/RAOK) 18 AUTO PARTS t 9 81CVCLE SALES 20 CAR/MOTORCYCLE SALE: 21 CLOTHING STORE 22 HARDWARE 23 MEDICAL 24 OFFICE BUILDING 25 SHOE STORE 28 WAREHOUSE 27 OTHER _ ._ _ 7 I POINT OF ENTR 1 fRl)NT :HEAR ~ J SIDE aDOOR ;WINDOW 6 .SLIDING GLASS DOOR %BASEMENT d ROOF 9 FLOOR 10 WALL t1000TNENT 12 GARAGE 13 ADJ. BUILDING t4 GROUND LEVEL t 5 UPPER LEVEL 18 UNKNOWN 17 OTHER 28 APARTMENT 28 CONDOMINIUM 30 OUPLEX/FOURPLEX 31 GARAGE ATTACHED . 32 GARAGE DETACHED `: 33 HOUSE 34 MOBILE HOME - 35 OTHER _, .__._ _. __ _ 38 CHURCH 37 HOSPITAL 38 PARK/PLAYGR ND 39 PARKING lOi 40 PUBLIC BUI LNG 4t SCHOOL 42 SHOPPIN MAIL ~ 43 STREET; /ALLEY 44 OTHER 45 CAht R 48 MOT R HOME 47 P4 ENGER CAR a8 PI K-UP a9 AVER VAN OTHER 1 NO FORCE USED 2 WINDOW SMASH 3 ATTEMPT ONLY a BODILY FORC 580LTCUT/ IEF 6 CHANNEL OCK/I Y 8; PROPERTYtATTACKED 1 CASH NOTES 2 CLOTHES/FUR 3 CONSUMABLE GOODS a FIREARMS 5 HOUSEHOLD GOODS 5 JEWELRY METALS ~ 7lIVESTOCK a OFFICE EQUIPMENT 9 TV/RADIO/CAMERA t 0 MISCELLANEOUS it UNKNOWN 12 OTYCI~ 1 SUSPE CLIMAXED -~ 2 UNN IF CLIMAXED 3 VICTI NDlTIED 9 4 VICTI INJURED 5 COV O VICTIM FACE B PH OGRAPHED VICTIM 7 VIC RALLY COPULATED SUSP 8 S ORALLY COPULATED VIC 9 R BY INSTRUMENT (FOREIGN wHENGH CE GRIPS 7 SAW ILLiBURN B SCR RIVER 9 TI IRON 10 NK PRV BAR t COAT HANGER WIRE 2 KEY SL/P SHIM t3 PUNCH 14 FIEMOVE LOUVERS 15 BRICK/ROCK 18 HID IN BUILDING t 7 WALKED IN 18 UNKNOWN 19 OTHER _ _ _ _.. _ - -- 1 DOOR/IOCK FORCED 2 TFIUNK FORCED 3 WINDOW BROKEN_ __ _ _ 4 WINDOW FORCED _ 5 WINDOW OPEN _ _ 6UNLOCKED 7 UNKNOWN 8 OTHER 1 SODOMY SUGGESTED VIC COMMIT LEWD ERVERTED ACT 121NSERTEO FINGER INTO VAGINA 13 FORCED VIC TO FONDLE SUSP 14 SUSP FONDLED VICTIM !:. t 5 MASTURBATED SELF '_. 18 OTHER IS MEMBER OF NEIGH ATCH7 L 01 YES Z NO IS MEMBER OF OP T1pN IDENT7 Q3 . YE9 04 . NO INTERESTED I NEIGH WATCH? 05 _~ YE9 O8 NO HAD BUSINESS INSPECT10N7 07 Y 08 NO WHE PHYSICAL CONDITION t 7 ~ RELATIONSHIP TO SUSPECT 1 UNDER fNFI. ALCOHOU ~ t HUSBAND DRUGS 2 WIFE 2 SICK/INJURED 3 MOTHER 3 SENIOR CITIZEN j 4 FATHER 4 BUNG 5 DAUGHTER I 5 HANDICAPPED 6 SON 5 DEAF ~ %BROTHER ~ MuTE ~ a slsrER a MENTALLY/EMOTIONALLY I ;MPAIRED 3 OTHER _. PAGE I It~ TRADEMARKS SUSPECTIS) ACTIONS t4 SUSP PRET TO r 1DEMANDED MONEY ~ . BE t / C 2 INFLICTED INJURIES I i t CONDUCTING SUjiVEV 3 SELECTIVE IN LOOT J CUST./CUEN a STRUCK VICTIM J DELIVERY RSON 5 ALARM DISABLED ~ I 4 DISAB MOTORIST 6 ARSON ~ 5 ORU K 1 ATE/DRANK ON PREMISES I 5 E PLOYEE/EMPLOYER d BLINDFOLDED VICTIM 7 RIEND/RELATIVE BOUND/GAGGED I BILU'INJURED 9 CAT BURGLAR 9 NEED PHONE t0 DEFECATED/URINATED 10 POLICE/LAW t i DISROBED VICTIM FULLY 11 RENTER 12 DISROBED VICTIM PARTI Y 12 REPAIRMAN t 3 FIRER WEAPON 13 SALE OF ILLICIT GOOD9 t 4 FORCED VIC TO MO 14 SALES PERSON t S FORCED VK; INTO HICLE 15 SEEK ASSISTANCE 18 HAD BEEN ORI LNG i8 SEEK DIRECTIONS t71NDICATION TI SUSPECTS t7 SEEKING SOMEONE t8 KNEW LOC HIDDEN ITEMS 1B SOLICIT FUND9 19 MADE T TS 19 OTHER __. ----~- - 20 N'ISACK/POCKET I 21 PR ED EXIT . 22 R KED ... _ - ,-_--- -- - 23 IPPED/CUT CLOTHING 4 SHUT OFF POWER 28 SMOKED ON PREMISES ' 28 SEARCHED VICTIM 27 SUSPECT ARMED 28 THREATENED RETALIATION 29 TOOK ONLY CONSUMABLES 30 TOOK VICTIM/g VEHICLE 31 TORTURED 32 UNDER INFLUENCE DRUGS 33 USED DEMAND NOTE 34 USED LOOKOUT 35 USED DRIVER 38 USED MATCWCANOLE 37 USED VICTIM'S NAME 38 USED VICTIM'S 9UITCASE/PILLOWCASE 39 USED VICTIM'9 TOOLS 40 VEH NEEDED TO REMOVE PROPERTY at CUt'DISCONNECTED PHONE a2 CASED LOCATION BEFORE CRIME 43 FOLLOWED/STALKED VICTIM 4a orHER 9 OTHER FAMILY f 0 ACQUAINTANCE t l FRIEND 12 BOYFRIEND t 3 GIRLFRIEND t4 NEIGHBOR 15 BUSINESS ASSOCIATE 18 STRANGER 17 UNKNOWN 1 AUDIBLE ALARM 2 SILENT ALARM 3 PRIVATE SECURITY PATROL a DOG 5 STANDARD LOCKS 8 AUXILIARY LOCKS (DEADBOLT, WtNDOW3, ETC) 7 WINDOW BAAS/GR1LL3 8 OUTSIDE LIGHTING ON 9 INSIDE LIGHTING ON 10 GARAGE DOOR LOCKED 11 OBSCURED INTERIOR VIEW ICO MMERC IAUBUSIN ESS) 12 SECURITY SIr,NING (N. W. ALARM ETC.) 13 UNKNOWN t 4 OTHER I I MARITAL STATUS 17 1 SINGLE 2 MARRIED 3 DIVORCED ~ 4 SEPARATED SANNUILED 5COMMONLAW i 7'NIDOWIER) 8 UNKNOWN 9 OTHER ADDiTiONAL NAMES /LAW ENFORCEMENT PERSONNEL ONLY A- ASSISTED AT SCENE C- CRIME SCENE INVESTIGATION F- ASSIGNED FOLLOW-UP OFFICER PAGE ._ Z__ P- PERIMETER ASSIST W- WITNESS 738 CRI 137 CODE 138 NA ,LAST ~ ' 139 ID NO. 140 AGENCY NAME TUSTIN POLICE DEPARTMENT 141 AGENCY ADDHEBS CITY STATE ZIP 712 AGENCY PHONE 300 CENTENNIAL WAY TUSTIN CA 92780 (~ 147 CAH TESTIFY TO: S~ ~~ 2 iS ~ S~ G~2 T 144 CODE 145 NAME LAST, FIRST NAM I b NO. 747 AGENCY NAME TUSTIN POLICE DEPARTMENT 148 AGENCY ADORE38 I CITY STATE ZIP 149 AGENCY PHONE 300 CENTENNIAL WAY TUSTIN CA 92780 (~ 160 CAN TESTIFY TO: /~ ~` ~ ~ I ~'~ 151 CODE 152 NAME (LAST FIRST NAME) 753 N) NO. 754 AGENCY NAME TUSTIN POLICE DEPARTMENT 158 AGENCY AODREBS CfTY STATE Z~ 158 AGENCY PFgNE 300 CENTENNIAL WAY TUSTIN CA 92780 (~ 1 sT cAN TESTIFY Ta J S 1( ~ ATRv, u1 ,r~ n ,n/1A2~~ - ,•~A 188 CODE 15 1801D NO. 167 AGENCY NAME TUSTIN POLICE DEPARTMENT i82 AGENCY ADDRESS CITY STATE ZIP 763 AGENCY PHONE 300 CENTENNIAL WAY TUSTIN CA 92780 ~~~ 184 CAN TESTIFY TO: r~ ~~.~ 765 CODE 768 NAME (LAST FIRST NAME( 167 ID NO. 168 AGENCY NAME TUSTIN POLICE DEPARTMENT 169 AGENCY ADD RESS n,~ev __._ 300 CENTENNIAL WAY TUSTIN CA ".92780 I (~c~ r~~e 777 CAN TESTIFY TO: 172 CODE 173 NAME"(LAST, FIRST NAME)( 174 10 NO. 775 AGENCY NAME TUSTIN POLICE DEPARTMENT 778 AGENCY ADDRESS CITY STATE ZIP 300 GENTENNIAI WAY TUSTIN CA 92780 777 AGENCY PHONE (~~~ 178 CAN TESTIFY TO: 778 CODE 188 NAME (LAST, FIR371NITiA 187 ID NO. 782 AGENCY NAME o~Z~a~~ P~ 183 AGENCY ADDRESS CITY STATE ZIP 784 785 CAN TESTIFY TO: /~ - v VLA T/dIJ 5 ihlst/ -' (Lt1 ~ ~1 S 788 CODE 187 NAME (LAST. FIRST NAME] 7881D NO. 189 AGENCY NAME t90 AGENCY ADDRESS CITY STATE ZIP 797 AGENCY PHONE 792 CAN TESTIFY TO: 793 CODE 19d NAME (LAST flR3T NAME} 795 ID NO. t98 AGENCY NAME t97 AGENCY ADDRESS CITY STATE ZIP 798 AGENCY PHONE 199 CAN TESTIFY 10: 200 CODE 201 NAME (LAST, FIRST NAMq 202 ID NO. 203 AGENCY NAME 204 AGENCY ADDRESS CITY STATE ZIP 205,AGENCY PHONE 208 CAN TESTIFY TO: 2 07 REPORTING OFFICER / I 208 DATE 209 APPROVED 8Y / ID NO. 270 DATE Uf;Uv~ TUSTIN POLICE DEPARTMENT INFORMATION REPORT CR# 08-5805 I received a request from Code Enforcement regarding Roderick's, 14131 Red Hill Ave. This request was to see whether Roderick's was in violation of their conditional use permit as outlined by the Department of Community Development within the City of Tustin. We located a promotional advertisement presenting "The Summer Fling" every Friday night at Roderick's starting at 8:00 pm. The promotion had a cover charge discount for women as well as a special guest DJ. The promoter was Royal Empire Entertainment, who appeared to be a legitimate promoter, according to the listed web site. See attached promotional post card. On Friday, 8/8/2008, we conducted surveillance at Roderick's. At approximately 2130 hours, ~~~r Detective and I were in the vicinity of Roderick's and had a clear view of the front patio area and parking lot. Officer entered the premises and was accompanied by Detective .from the Orange Police Department. They both -acted in an undercover capacity, wearing plain clothes. and were charged a ten dollar cover charge at the door by a bouncer. They later reported seeing a female enter Roderick's and only pay a five dollar cover charge. The following conditional use permit violations were observed. The below explanations of the permit are abbreviated for reading ease, see original permit. (3) 2.1 No off-site consumption of alcohol. At approximately 2215 hours, ~ and walked out the front door, each holding an alcoholic beverage. ~ was holding a bottle of Bud Light beer and ~ held a Long Island ice tea in a glass. ~,, and ~ stood approximately 10 feet away from the front door in the outside patio area for approximately 10 minutes. They held their drinks in front of them in plain sight, and occasionally drank from the containers. There was an employee present checking incoming patrons for identification and collecting a cover charge. This person was clearly an authoritative figure who I refer to as a bouncer. This bouncer stood approximately 7 feet away from wand ~ as they were holding their drinks. Most of the time the bouncer was not busy and his view of the alcoholic beverages was unobstructed. At no time did the bouncer ask the undercover officers or other patrons to go inside with their drinks. reported smelling the odor of burning marijuana emitting from inside of Roderick's however, he could not determine the exact location where it was being smoked. TUSTIN POLICE DEPARTMENT INFORMATION REPORT CR# 08-5805 '~, reported there was a live band in the upstairs lounge and a DJ on the main dining floor. (7) 2.14 At least 80% of the premises shall be designed 8 used to serve meals. Must possess necessary utensils, table service ~ condiment dispensers to serve meals. At approximately 2215 hours M and attempted to order food. There were no napkins or utensils visible in the restaurant and both were told by the bartender the kitchen was closed. At approximately 2245 hours, they attempted to order food from a different bartender. They were told the kitchen closed at 2200 hours. and did not see any utensils (napkins, spoons, forks, knives, condiments) present on any floors. Throughout the entire evening, did not see anyone eating or ordering food. At approximately 2245 hours, ~ and walked out the front door each holding an alcoholic beverage. ~ held a Bud Light beer while had a Long Island ice tea. and ~ stood more than 15 feet from the front door for approximately 15-20 minutes. They held their alcohol in front of them in plain sight and drank from their respective containers. The bouncer stood approximately 6 feet away from and and spoke with the bouncer who identified himself as "Nathan." Nathan told it was alright for him to go to his car and drink alcohol if he so desired. There was another bouncer present during this conversation. engaged this person in conversation and asked if he could purchase marijuana. The bouncer said it would cost 60-80 dollars for 1/a~' ounce of marijuana. ~ declined, but thought the bouncer's offer was sincere, based on ~~ training and experience as an undercover narcotics detective. The bouncer never made reference to ~~ or ~ drinks which were in plain sight, nor did he ask them to take their alcoholic beverages inside. ~ also noticed several other people drinking what appeared to be alcohol (glasses of dark liquid) and bottled beer on the front patio area. At approximately 2255 hours, ~ saw a suspicious person seated in a vehicle in the parking lot. ~ had a view of this person while he was seated in the front patio area. Members of the surveillance team summoned a marked police unit and Officer ~ arrived. ~ smelled the strong odor of burned marijuana immediately upon contact with the subject. A consent search of the subject revealed several grams of marijuana. The subject stated he is a patron of Roderick's and he was contemplating going back inside. The subject admitted to smoking a marijuana cigarette in his vehicle prior to contact. TUSTIN POLICE DEPARTMENT INFORMATION REPORT CR# 08-5805 (2) 2.3 Hours of sales of alcoholic beverages shall be limited to hours when food is available. Service of food menu items shall be during all business hours. (5) 2.12 All bars shall function as food and beverage service. and purchased alcohol from approximately 2140 hours to 0050 hours. During this period there was no food service available within the premises. (2) 2.4 Closing hours shall be 12:OOam Friday and patrons must vacate the premises within thirty minutes after closing time. (ABC conditional use permit states sales, service, and consumption shall cease at 1:00 a.rn. on Fridays, see attached ABC permit. At approximately 0105 hours asked the bartender what time they closed. The bartender stated the business closed at 0200 hours. At this time estimated there were 20-30 patrons still inside of Roderick's. I request a copy of this report be forwarded to Community Development. I also request a copy of this report to be sent to ABC for review. Tustin Police Department Special Investigations > ~ Exhibit w LA Q ~6L Exhibit lO/IySpace.com - [[*]]GLAMOROUS ENT.[[~r]] - 23 -Female - OC, California. - www.myspac... Page 3 of 11 VIE4r1(f~rAGLAMOROUS ENT,(('er))'S FRIENDS: ALL ~ ONLINE p NEW ~ MUtUAL displaving 49 r GAORIEL) MATIX PRODUOTIONS LINGERIE EXTRAVAGANZA . .1~ .Vri~'1.. ~: rf 112 comments (VIEUr ALL ~ ADD COMMENT ) aug 13 2008 8:46 pm this frldoy oug. 15th @ hollywoad INe....,. Ih2 afliclal xxx rated pom star ball,.., ... free admission on guest list ............... for guess IIS1 and Info call m Faxt me C 818.60725%3 aug 2 2008 2:32 pm ... hello. Just finished chc-cldng your papa, you got same ~~ ~ nlr_e pictures. have a greoY weekend. ~~ jul 25 2008 3:23 pm wosup ~ jul 25 2008 3:16 pm .as-= a~ wPrat a doing lanlghf?7 S'NEVERFOLLOW, jU~ 22 200$ 1:03 pm BUT LEADS" '1 hey swoetle, i ~+ ~ .Ij I hopB yqur haven a wonderful day. `, Iasi wonted to say hll .. l; .` • ` hope to hear from you soon. ~.'' a I. ': ~ nQ i~ ~/~nnQ Exhibit MySpace.com -View Image -Seduction Night Club -Photo 1 of 7 Status: (none) Mood: neutral ~ (Update} Home I Malt v l Profile v l Friends v l Music I Videos I Mare v pI10t05 i Upload photos Seduction Nigitt Club -View Photo Previous ~ Next KInGz InK. Proudly Present's "SEDUGI`ION" POSt A Comment E-Mall to a Friend ~;.,;i Share RepnrC This Image Page 1 of 1 I Webb Search My Account I Sign Out Back to profile Back to Albums VPS HOSTI~'~. ~~~~ 4P5 N'QSTING 9.inks to the pho$o Photo URL: http://viewmorepics.myspace.comlind Copy Photo code: copy it to your profile <a href="http:!/viewmoreplcs.myspacf Copy Sponsored Links prin~r IDk Cartrldaes Ink Cartridges. Free Shipping Save up to 653'0 on Printer Ink www.l n k P l u s Ton a r. com Discount Printer Toners HP Xerox Laxmark Oell Canon & Moret Low Prices- Huge Stock-Fast Delivery www.LasarCare.com Ink & Toner (~ OClnkat.com Go Greon! Buy Recycled Inks Save extra 10% OFF www.OCinkjet.com printers, ink & toner of discount About i FAQ i rm i Privacv Policy S3fQLLLRS ~gn$a~t MvSoacg i RQ,p-grt At1y~@ ~ @~yertisg i MySpace International • i MySoace Latino p2D03-2008 MySpace.com. All Rights Reserved. nR~~~~~nnR ~~~~~~~i ~I~ The Nr~~rmst Club in Orange Coun't'y"~ MySpace.co~ -View Image -Seduction Night Club -Photo 2 of 7 Status: (none) Mood: neutral ~ (Update) Home I Mall v l Profile e l Friends e l Music I Videos I More v ~ photos I U Ip oad Photos Seduction Night Club -View Photo Previous ~ Next ~war:k.. ill _~.h~'tre4' - Eor Guasfl .. _ _ -X5,41' - (bb:919'42»l:9~11 Page 1 of 1 L(Inks to ttae photo Photo uRL: http://viewmorepics.myspace.com/ind Copy Photo code: copy it to your profile <a href="http:!/viewmorepics.myspacE Copy I Sponsored Links I Ink Cartridges. Free Shipping Save up to 85% on Printer Ink www, In kPlusTuner.com HP Xerox Lexmark Dell Canon i1 Morel Low Prices- Hugo Stock-Fast Dolivery www.LaserCaro.com Ink & Toner m~ OCh~lcet.coai KInGz InK. Proudly Present's "SEDUCTION" Post A Comment E-Mall to a Friend ~~"J Share Report This Image Go Greenl Buy Recycled Inks Save extra 10 % OFF www.OCinkjet.com IT Supylles for NP Your source for 1-IP printers, ink 8 toner at discount About I FAS2 I Terms I Prlvacv Pollcv_ I Safety Tlos ~ Contact My5pace I Report Abuse I Advertise I MySpace International • I MvSpace Latino ©2003-2008 MySpace.com. All Rights Reserved. nR~z.~i?nnR Web~P Search My Account Sign Out Back to Profile Back to Albums MySpace.com -View Image -Seduction Night Club -Photo 6 of 7 Status: (none) Mood: neutral Q (U{idal'e) Home Mail o f Proflte v l Friends v l Music I Videos More r ~ photos I uplaad Photos Seduction Night Club -View Photo Every Saturday Babie!!I Post A Comment E-Mall to a Friend ~;;;~ Share Report This Image You are not perniitted to access the URL http a/promos.webdate.com/geo/custom/hom prg=&u rl=& id=webdatejoin8ca=myspaceM oapa ra msZEQUALZ2_banneridZEQUAL due to the policy of your organization. iE this is an error, then you should contact your local security gateway adnunistrator. J_Boaks to tlae photo Photo URL: http:/lviewmorepics.myspace.comfind Copy Photo code: copy it to your profile <a href="http://viewmorepics.myspac< Copy Sponsored links Pimp My Profile Free Layouts, Backgrounds & Glitter - Download them Now for Free! W ebfetti. smileycentra Isom About I PB4 I ~~ I Privacy Pollcv I Safety Tios I Contact MvSoace I Reoort Abuse I Advertise I MvSpace International • I r~Soace Latino C5120o3-2008 MySpace.com. Ail 12ights Reserved. Page I of 1 Webb Search My Account I Slgn Out Back to Profile Back to Albums Previous I Next Forbidden by rating check MySpace.com - i~iew Image -Seduction Night Club -Photo 7 oF7 Status: (none) Mood: neutral Q (Update) Home I Mall v l Profile e l Friends v l Music I Videos I More v l ~ photos I unload Photos Seduction Nighx Club -View Photo Previous ~ Next Page 1 of 1 ~inlts to fire photo Photo URL: http:!/viewmorepics.myspace.com/ind Copy Photo code: copy it to your profile <a href="http:!lviewmorepics.myspacf Copy Links Post A Comment E-Mall to a Friend `") Share Report This Image Pi-~'!~MY' Profile 100% Free Backgrounds & Layouts - Download them Now for Free Webfetti. smileycenlrai.com About I FAQ I Perms I Privacy Polley I SaFety TIQs I Contact MyS i{ ace i Report Abuse I Advertise I MvSoace International • I MySOace Latino ©2003-2008 MySpace.com. All Rights Reserved. nQ/~~~~nnR Web• search My Account I Slgn Out Back to Profile Back to Albums Exhibit MySpace.com -RIGHTEOUS KING - Z9 -Male - FULLERTON, CALIFORNIA - wvvw.myspa... Page 5 of 13 Here C~IS_k.6ur~t9 vlaw It fWl size and sand ma ona gaGkl i Sae more stickers I Share this sOckarl i .Ins ~:~ ..~. 1r. _~. f"r, I-IE t t:OY ~ ILJS I :iH~ wJll-1 liJll $I IM L~ i~/E a ~.. ,v~tdMr~ .~ r /- Y ll~ ~r' f ~. I~ ® r:~1;IV :i I 'LOUtI 2~ 10 4'AI ~.: d-i l i:~!U> I•.71Jt,, I p iv11.. ~i~ylr •,~~ of ,c. my 'i' Click hors to find out how much I think vou'ra WORTHI Tl us i'. ~nln ~„nl lu'.':' rrl nl I ~4' ~n7~ p' h ~Cn v+ t9:: ll P" ~_ Your Frlondst ar,,pL,~.-d~~~.n ib n~~,rl. ~~.~,~,~~..~ ., sc,l! wa nrl,,: r t¢ 1~ hare. t r,•, ~e zoos I ,o rra Wu89up S{lun Cuultri by lu sluvw yu rrlgi3 SUUi InvC i1n Il~lll<t i01Y <IIIl15l Gi 7fJC01 ~a C.~~`il-I 131- Ti fi; i'.I='I-4~ nQ ~~~i~nnQ Jun 1i:, ~'QpH frd5 NAd Exhibit Tustin Dining: Roderick's - QC Register €,~.>,. per ~ ~:~ .. ,..,, Roderick's 14131 Red Hill Ave., Tustin, CA, 92780 (714) 665-2709 - Website Roderick's is a tri-level restaurant/bar that also features live music and dancing. The 'Great Room' is tucked away upstairs with a cozy fireplace and a fine dining feeling. Centrally located is our'Jazz Room' which offers live entertainment while dining. Downstairs is our'Sports Lounge' which features 5 plasma screens a full seating. All rooms are family friendly with a menu brunch served every Sunday from 10am to 2pm. -JAZZ DINING ROOM Fri. Night 6:30PM-10PM Live Jazz/Blues Entertainment Sat. Night 6:30PM-10PM Live Jazz/Blues Entertainment Sun. Night S:OOPM- 9PM Chuck Ousley Trio/Jazz Jam Session -SPORTS LOUNGE/LOTUS LOUNGE Thurs. Night 9:30PM-1 PM DJ AND Dancing/College Night (Bring your school ID) Drink and Food Specials Fri. Night 9:30PM-1:30PM DJ AND Dancing Sat. Night 9:30PM-1:30PM DJ AND Dancing COMEDY NIGHT A5 SCHEDULED '*"`BANQUETS AND CATERING AVAILABLE Tags: restaurant,~azz, corned _, dancin , tustin_sports Creator: - Restaurant Details American Cuisine $$ ($15-$30) Price Kid Friendly, Fun, Romantic, Business Atmosphere Not Required Reservations Non-smoking, Delivery Features Casual and Dressy Casual Attire Hours Mon.-Thurs. 11AM -MID brunch, dinner, lunch, live entertainment, bars, Fri. 11AM - 2AM Sat. 11AM - 2AM Sun.10AM - 11:30PM Payment Mastercard, Visa, American Express Location & Nearby Info 14131 Red Hill Ave., Tustin, GA, 92780 Return Map data ©2008 Tele Atlas -Terms of Use Page 1 of 2 08/27/2008 Exhibit 34 RESOLUTION N0.99-29 A ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 9$-029 AUTHORIZING ON-SITE SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS tLICENSE TYPE 47) AND LIVE ENTERTAINMENT IN CONJUNCTION W1TH A NEW RESTAURANT LOCATED AT 14131 REIJ HILL AVENUE 8. to it lz 13 14 is 16 17 18 19 zo zl 22 23 24 zs 26 27 28 29 I. The City Council finds and determines as follows: A. That a proper application far Conditional Use Permit 98-029, was filed by Lany Smith, requesting authorization to obtain a license for the on-site sale and consumption of beer, wine and distilled spirits (ABC License Type "47") and live entertainment in conjunction with a new existing restaurant located at 14131 Red Hill Avenue, Tustin. B. That a public hearing was duly called, noticed and held on said application on February $, ~ February 22, and March• 8, 1999 ,by the Planning Commission. G. That on March 15, 1999, the City Council appealed the Planning Commission's decision and that public hearings were duly called, noticed and held on said appeal on April.5, and April 19, 1999 by the City Council. D. That the proposed use is allowed within the C-1 (Retail Commercial) Zoning District with the approval of a Conditional Use Permit. E. That the establishment, maintenance, and operation of the use applied for will not,' under the circumstances of this case, be detrimental to the health, . safety; morals; comfort, or general welfare of the persons residing or worlung in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to a general welfare of the City of Tustin as evidenced by the following findings: 1. Thee ~roposed project, as conditioned, complies with adopted guide fines for alcoholic beverage sales establishm®nts which have been established and ` oonside~ed to mitigate potential impacts associated with•the sale of alcohol in conjunction with restaurants. 2. As conditioned, the sale of alcoholic beverages would be lirpited to privileges for a type 47 license. Sales of alcoholic beverages for off- . site consumption is prohibited except as. authorized in the Business and Professions Code Section 2339fi.5. 3. The sale of alcohol would only be ~ authorized in conjunction with a . restaurant use. 4. Sales of beer, wine. and distilled spirits will be permitted only when food is available. Food provided wil! be prepared, on the premises. 5. Granting of a tem nary use permit to allow up to five coin operated games, two pooU illiard tables and a total of 16 "bar seats" on the restaurant premises shall be for six months commencing on March 15, 1999. During this temporary period, the Planning Commission shall consider if it is ap~roQriate to amend the Alcoholic Beverage Sales Establishment Gwd'elines to allow "bar seating", coin operated video games and pooUbilliard tables. Granting of the temporary use Resolution No. 99-29 Conditional Use Permit 98-029 April 19, 1999 Page 2 permit does not guarantee that "bar seating", coin operated video games and pooUbilliard tables will be permitted for a period longer than as stated in Condition 2.10 of this resolution. The applicant has agreed to remove these amenities and improvements immediately at his sole expense if the Planning Commission does not amend the Alcoholic Beverage Sales Establishment Guidelines to permit, these amenities and improvements. 6. The applicant has not requested approval to locate any sexually oriented business or use within the proposed restaurant. In addition, sexually oriented businesses are not permitted within the Retail Commercial (C-1) zoning district. Therefore, no sexually oriented businesses will be conducted on the premises_ to 11 12 13 to li 16 n 18' i4 20 21 2z 23 2a is 26 27 28 29 7. All persons serving beer, wine and distilled spirits will be eighteen (18) years of age or older and supervised by someone twenty-one 21 years of age or older. The supervisor will be present in the same area as posnt of sale. 8. A parking summary will be submitted and approved by the Community Development Department if any increase in the 150 seats is proposed. F. That ~ this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). G. .That the pro ect has been reviewed for oansistency with the Air Quality Sub- element of t~e City of Tustin General Plan and -has been .determined to be consistent with the Air Quality Sub-element. . The. City Council hereby approves Conditional Use. Permit No. 98-029 authorizing the.on-site sale and consumption of beer, wine wind distilled spirits (ABC License Type "47") and live entertainment in conjunction with a new restaurant located at 14431 Red Hill Avenue, subject to the conditions oontained within Exhibit A, attached hereto. SED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 19~' day of April, 1999. ~' THOMAS R. S ARELLI Mayor Clerk EXHIBIT A RESOLUTION N0.99 29 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 98-029 GENERAL . (1) 1.1 The proposed project shall substantially conform with the submitted plans date stamped March 8, 1999, on file with the. Community Development Department. as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to the plans during.plan check if such mod cations are to be consistent with the provisions of the Tustin City Code. (1) 1.2 Conditional Use Permit approval shall become null and' void unless arr Alcoholic Beverage Control License Type "47" is obtained from ABC and the sale and consumption of beer and wine commences within twelve (12) months of the date of this exhibit. Time extensions may be granted by the Community Development Department if a written request is received by the Community Development- Department within thirty (30) days prior to expiration. - (1) 1.3 Approval of Conditional Use Permit 98-029, is contingent upon the applicant signing and returning an "Agreement to Conditions imposed" form as established by the Director of Community Development. (1) 1.4 ConditionalUse Permit 98-029 authorizes ABC License. Type "4T. The sale of alcoholic beverages for off-site consumption is prohibited, except partially. consumed bottles of wine as authorized in the Business .and Professional Code Section 23396.5. ~ ~ - - (1) 1.5 The applicant shall ~ hold harmless and defend the City of. Tusttn from all claims and liabilities arising..out of a challenge of the City's approval of this Pro1~• (1) 1.6 Unless otherwise specified,.the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval of the Community Development Department. (1) 1.7' Conditional Use Permit 98-029 may be revievred~. on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. !f the .use' is not operated in accordance with Conditional Use Pem~it 9&029, or is found to be a nuisance or negative impacts are afFecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance.or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. SOURCE CODES ~ - (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT 2 CEQA MITIGATION ~ 6 LANDSCAPING GUIDELINES 3 UNIFORM BUILDING CODES PC/CC POLICY (4 DESIGN REVIEW EXCEPTION F~chibit A Resalution No. 99-29 Conditional Use Permit 98-029 April 19,1999 Page 2 (5) 1.8 Audited financial statements and schedules separately identrfying gross sales of food and gross sales of alcohol, must be submitted to the Community Development Director for annual review. The gross receipts of food sales must exceed the gross receipts of alcohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. (1) 1.9 Any violation of any of the conditions imposed is'subject'to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.14 The. applicant shall be~ responsible for costs associated with any necessary code enforcement action. (1) 1.11 The applicant shall post security in the amount 'of $2,500 for a period of nine months in the form acceptable to the City Attorney securing the removal of the bar stools, coin operated video games, and the pool/billiard tables temporarily approved, herein for a period.of no more than six months. The amount. of said securrty is the estimated legal and administrative costs associated with the enforcement of the temporary approval, including the estimated costs of removing the temporarily approved bar stools, coin operated video games, and pooUbilliard tables. If the City extends the time of the temporary approval, the applicant shall post new or extended security, which security shall expire no earlier than the 90~' day following. the expiration of~~the approval extension, and the amounts thereof may then be adjusted #o reflect any new estimated costs associated with the enforcement of said temporary approval. USE RESTRICTIONS (3) _ 2.1 No off-site sale or consumption of ~aloohol is .authorized; except partially consumed bottles of wine as authorized in Business and Professions Code .Section 23386.5. (5) 2.2 No outdoor seating shall be permitted unless a separate Conditional Use Permit is approved pursuant to the current ,provisions of the Tustin Gity Code. . {2) 2.3 Hours of~sales of alcoholic beverages shall be limited to the hours when food is available. Service of food menu items shall be during all business hours. {2) 2.4 Operatingg hours shall be consistent with ether businesses within the commerdal center. The closing hours shall be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday acid Saturday:. No new patrons shall be admitted after the dosing hours and patrons shall. vacate the premises within thirty .{30) minutes after closing time. (2) 2.5 The menu of the restaurant shall consist~of foods that are prepared on the premises. F,chibit A Resolution No. 99-29 Conditional Use Pemtlt 98-029 April 19, 1999 Page 3 (1) 2.fi All persons selling alcoholic beverages shall, be eighteen 1 t3 years of age or older and shalt be supervised by someone twenty one ~21 ~ years of age or older., A supervisor shall be present in same area as point of sale. (5) 2.7 The maximum number of seats shall comply with the number of available off-street parking spaces within the entire center. A request for additional seats requires submittal of a current parking summary, which must be reviewed and approved by the Community Development Department prior to increasing the number of seats. (2) 2.8 Live entertainment ,and public dancing shalt be loca#ed entirely within the interior of the restaurant during normal business hours. No sexually oriented business shall be conducted on the premises. (2) 2.9 ~ Authorization for the on-site sales of beer, wine and dis#illed spirits (ABC License Type "47") is contingent upon the use of the subject premises remaining a restaurant. Should this use change or be discontinued, authorization: for this .use permit is null and void. (7)- 2.4Q A temporary use permit shall be granted for a period of six months, or until amendments to the Alcoholic Beverage Sales Establishment Guidelines, regarding "bar seating", coin operated video games and pool billiard table regulations have been adopted, which ever time frame is shorter. Tha six month period shall commence from March 15,: 19.99: The temporary use permit shall allow 12, "bar. seats" within the lounge area and 4 "bar seats" within the main. level dining rovm, up to flve.coin operated video games and two pooUbilllard tables. (also referred. to as amenities and improvements) on the premises: If the Guldelines are amended to allow any amenities or improvements; the Community Developm®nt Department may approve the . amenities and improvements that ar® permitted by the Guidelines administratiarely. Approval for any amenities that are not allowed by the amended Guidelines shall become .null and •void and those amenities shall be removed within ten (1Q) :days of the Planning Commission's determination at the owner's sale expense. (5} 2.1'f The, applicant shalt obtain a Public Dancing Pem~it and an Entertainment Permit from the Community Development Director prior to offering public dancing and live entertainment. on the premises. (5} 2.12 Any bar located within the facility shall function as a food/beverage service bar. (7) 2.14 The entire .facility, which indudes all three (3) levels, shall operate exclusively as a restaurants Doting business hours, at least 84% of the premises shall be designed and used for and must posses the necessary utensils, table service and condiment dispensers with which to serve meals, to the public: (1) 2.15 "No Loitering",signs shall.be posted.at the entrance of the business. Exhibit A Resolution No. 99-29 ConditIvnal Use Permit 98-029 April 19,1999 Page 4 (1) 2.16 All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open. (1) 2.17 Public telephones inside and adjacent to .the establishment shall be modified to prevent incoming calls. SITE PLAN, FLOOR PLANS & ELEVATIONS (4) 3.1 Exterior elevations of the building shall indicate any existing or proposed ~1'ixtures or equipment to be located ora: the roof of the building; equipment heights and type of screening. All roof mounted equipment, vents, exhausts or other rc3of penetrations shall be located a minimum of 6 inches below the top of parapets. (3) 3.2 Three (3) inch striping detail, shall be shown for all parking spaces. Handicapped. markings shall be .provided on .the designated accessible parking space. (5) 3.3 .The project shall meet all applicable requirements set forth in the Tustin Security Code relating' to commercial structures, including lighting and locking devices. The City's Security Ordinance requires that fighting at_ exterior doors, driveways., and parking areas shall provide a minimum of one (1)foot-candle of illumination. All exterior. aighting shalt be consistent with the center. and arranged so .as not to :direct. fight or glare onto adjacent properties or streets. ' (1) 3.4 Plans fora trash enclosure shall _ be submitted to the Community Development Department for review and approval. Tha plans shall include information regarding the proposed seffi closing and self latching gate, size dimensions, setbacks, colors and materials. The trash enGosure shall be at least six (6) feet in height and comply w~h the Great Western Reclamation standards. The trash enclosure size shall have the ability to accommodate the City's recycling program. (1) 3.5 The existing landscape planters on the site shall be repaired, irrigated and planted. The planters and landscaping materials shall be continuously maintained in an appropriate manner. An automatic irrigation system shall be installed and the landscaping shall be watered on a~ regular basis. All weeds and dead landscaping shall be removed immediately, replaced, and maintained with healthy plants. (1) 3.6 The existing monument sign for the restaurant shall be repaired, painted, and/or replaced. Anew sign shall comply with the City of Tustin Sign Code. Plans shall be submitted to the Community Development Department for review, approval; and permits. Exhibit A Resolution No. 99-29 Conditional Use Permit 98-029 April 19,1999 Page 5 BUILDING bIVISION (3) 4.1 In compliance with the Uniform Building Code (Application for Permit) and prior to the issuance of a building permit, the applicant, designer, Architect or Engineer must submit building plans to the Building Division for review and approval. (3) 4.2 In compliance with the California Code of Regulations, T'itte 24 Pert 2, Accessibility Standards, and prior to the plan check approval, the designer, Architect or Engineer must provide designs for accessibility for the physically challenged to the Building Division for their, review and approval prior to the issuance of a building permit. (3) 4.3 In compliance with the Department of Justice (Office of the Attorney General) this condition is for the accessibility for the proposed project, the .. ~ designer,, Architect or Engineers proposed project must comply .with the Americans with. Disabilities Act (ADA) (Federal Register). (3) 4.4 In compliance with the Tustin City Code, (Health Code) and prior to the issuanc® of a building permit, the designer. Architect or Engineer must submit plans to the Orange ,County Health Department for project approval; and must submit the approved plans to the City of Tustin Building Division for their review and approval prior to the issuance of a building permit. FIRE (3) 5.1 Prior to the issuance of any building permits, the applicant shall submit to the Fire Chief evidence of the on-site fire hydrant system and indicate whether it is public or private. If the system is private; the system shall be reviewed and approved by the Fire Chief poor to issuance of building permits. Provisions shall be made by the applicant for the repair and maintenance of the system. in a manner meeting the approval of the Fire Chief. (3} 5.2 Street Markings: A. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. The plans. shall indicate the k~catians of red' curbing and signage. A drawing of the proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Exhibit A Resolution No. 9.9-29 Conditional Use Permit 98-029 April 19, 1999 Page 6 B. .Prior to the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed. The plans shall contain a fire lane map and provisions which prohibit parking in the fire lanes. A method of enforcement shall be included. (3) 5.3 Prior to installation, plans for an approved fire-suppression system for the protection of commercial-type cooking equipment shall be submitted to the Fire Chief for review and approval. FEES (1) 6.2 Prior to the issuance of any building permits, payment shall be made of all applicable building and Orange County Fire Authority plan check and permit fees to the Community Development Department, based on the most current fee schedule. (5) ~ 6.1 Within forty-eight (48) hours of approval of the subject project, the ,applicant shall deliver to the Community Development Department, a cashier's check pa able to the COUNTY CLERK In the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. ~ If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the .above-noted .check, the statute of. limitations for any' interested party to challenge the environmental determination under the provisions of the California Environmental.Quality Act could be significantly lengthened. s:crresd9a-29LL.doc RESOLUTION CERTIFICATION STATE OF CALIFORNIA , ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION N0. 99-29 Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held 'on the 19th day of April, 1999, by the.following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED GOUNCILMEMBER ABSENT: Saltarelli, Worley, Doyle, TnamBs None None Potts.. . Pamela Stoker,' City Clerk Exhibit . BUSINESS PERMIT DEPARTMENT ~F COMMUNITY DEVELQPMENT Name of Applicant: MATTHEW R. HUSTON Address of Applicant: 930 S. KEENE DRIVE LA HABRA, CA 90631 BUSINESS NAME RODERICK'3 ADDRESS 14131 REDHILL AVE. TUSTIN, CA 92780 FERMIT ISSUED FOR: LIVE ENTERTAINMENT DATE PERMIT ISSUED DECEMBER 5, 2006 Permit subject to Conditions attached. Elizabeth A. Binsack, Director Community Development Department V 1-+- ~1~1.4I ~ Hy Da g-Libun o Business License Technician rorms:rermit RODERICK'S MATTHEW R. HUSTON PERMIT TO OPERATE CONDITIONS LIVE ENTERTAINMENT (Piano Bar, Jazz/Blues Singers, Live Bands) This permit to operate is approved provided: That the permittee obtain and keep current a City of Tustin Business License. 2. That the permittee comply with all established requirements of the Department of Justice, Tustin Police Department, Department of Alcohol Beverage Control, and applicable provisions of the Business and Professions Code. 3. That the permittee comply with all applicable provisions of the Tustin City Code, including section 3236. 4. That should the Chiefi of Police identify the need for a private security service or in the instance where a service is already employed, identify the need for additional private licensed security patrol officers; the permittee shall promptly employ or contract for such security services at the permittee's own expense. 5. That any police ofFcer of the City, while on duty, whether in uniform or working in civilian clothes, shall be admitted, without charge, for the purpose of inspecting the conduct of those participating in the entertainment to see that the provisions of the Tustin City Code and these permi# conditions are complied with. 6. That the permittee prohibits any intoxicated, boisterous, or disorderly persons from entering, being, or remaining on the premises. 7. That the permittee not transferor sell this permit. 8. That the permittee provide an accurate list and description of the proposed entertainers to the Chief of Police, submitted within ten (10) days of hire. 9. That the stage or entertainment areas shall not be open to view from outside the premises. 10. That the permittee shall not operate, conduct, or permit the operation of a sexually oriented business, as defined in Tustin City Code section 3911, on the premises without first obtaining all necessary permits under the Code. No owner, employee, independent contractor, or performer shall appear nude, in a state of nudity, semi- nude, display specific anatomical areas (as defined in section 3911(p) of the Tustin City Code), or simulate any sexual act, while on the premises. 'hermit to Operate Conditioti ~~ Live Entertainment Page 2 11. That whenever permittee intends to present a different type of entertainment than that authorized by this permit (piano bar, jazz/blues singers, live bands), the permittee shall so advise the Director of Community Development in writing and shall furnish such additional information as may be required per Tustin City Code section 3237. Any new form of entertainment shall require written approval of the Director. 12. That the permit to operate may be revoked if the permittee has ceased to meet the requirements for issuance of the permit or violates the provisions of this permit or the Tustin City Code. 13. That music or noise from the establishment shall not be in violation of Tustin City Cade section 4600 et seq. 14. That no owner, partner, employee, or independent contractor who has been convicted of illegal drug usage, drug dealing, or prostitution within the last five (5) years is eligible to work on the premises. Within ten (10) days of a request by the Chief of Police, owners, entertainers, employees, and independent contractors shall supply fingerprints to the Police Department to ensure compliance with this requirement. The permittee shall maintain written certifications from each entertainer, employee, and independent contractor that he or she has not been convicted of illegal drug usage, drug dealing, or prostitution within the last five (5} years to ensure compliance with this requirement. 15. That hours of operation shall comply with Conditional Use Permit No. 98-029. 16. That the permittee maintains a valid Conditional Use Permit and the Conditional Use Permit is not revoked or suspended. MY SIGNATURE BELOW VERIFIES THAT I HAVE READ, UNDERSTAND, AND AGREE TO THE CONDITIONS UNDER WHICH THIS PERMIT HAS BEEN GRANTED AND HAVE READ AND UNDERSTAND THE CONDITIONS UNDER WHICH THIS PERMIT MAY BE REVOKED. MATT rEW R. HUSTON DATE SIGNED LIVE ENTERTAINMENT PERMIT SUPPLEMENTA Please type or print NAME OF APPLICANT ~V~p~}-~~'-t~,; ~ ~ ,~ DATE 7~•~ ~-Q ~, BUSINESS NAME ~~p~Q~~~'~ EXACT LOCATION WHERE ENTERTAINER WILL PERFORM_(address as well as actual physical location on the premises) DESCRIBE THE EXACT TYPE OF LIVE ENTERTAINMENT PROPOSED R~~ ~ . 3azz ~ B~.,ts D~ ~ s ~ ~z ~~ ~ L«~ l~a.u nti .~,~ ~ ~ PROVIDE THE NAMES OF ANY CO-OWNERS, PARTNERS, SILENT PARTNERS, FINANCL4L SUPPORTERS AND OR INVESTORS IN THE BUSINESS APPLYING FOR THIS LIVE ENTERTAINMENT PERMIT. If more space islnleeded please provide(~l~istlon a separate sheet of paper. LIST ANY OTHER NAMES BY WHICH THE APPLICANT IS KNOWN OR HAS DONE BUSINESS AS A "dba", please include niclmames. IS THE STAGE OR ENTERTAINMENT AREA PROPOSED OPEN TO VIEW FROM OUTSIDE THE PREMISE5 yes no~_ ~'~V ~6 Community Development Department ~~ City of Tustin ENTERTAINMENT PERMIT 300 Centennial Way Tustin, CA 92780 BOURBON STREET RESTAURANT -14131 REDHILL AVENUE (714) 573-3100 Proposed Entertainment: In conjunction with a full service restaurant, live musical entertainment and public dancing is proposed within the designated 1.50 square foot stage and dance floor area in the cocktail lounge on the lower level of the subject restaurant. This permit is APPROVED by the Community Development Director. Issuance of this permit is discretionary and this permit is subject to revocation if all conditions of approval are not met. The applicant and property owner will be cited if they do not comply with conditions of approval and formal revocation proceedings will commence. The applicant and property owner agree to the following conditions imposed by this permit: A. The Entertainment Permit approval shall become null and void if any of the Conditions of Approval in Resolution No. 99-29 approving Conditional Use Permit No. 99-029 are violated. B. Any violations to these conditions shall result in revocation of this permit. Upon revocation, the applicant and/or owner shall be responsible for removing the stage and dance floor area within 15 days of being notified by the City. All live entertainment and public dancing shall cease upon notification. C. The Entertainment Permit may be reviewed every six months, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with the conditions of approval. If the use is not operated in accordance with the Entertainment Permit or the Conditional Use Permit No. 98- 029, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may revoke the Entertainment Permit. D. Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and Each day the violation exists. E. The applicant shall t,e responsible for costs associated with amp rsc~ssara, ^odG enforcement a,;tions. J i=. ~i~e entErtainrnent anc public cancing snail be ~ocatec sntirei}f withir; the interior ,of the restaurant during normal business hours. r. M1lp Sex~!all;~ prjcnto~ 51!SIC'.°SS S1+31! ha S'.1;1~JSt°d ^:': the r~ °^ZiS~S. ~Sa,,._ a~ H. The applicant and/or owner shall be responsible for complying with the City of Tustin Noise Ordinance at all times. I. This permit is issued to Lany Smith the owner of record of the Bourbon Street Restaurant and shall be non-transferable. Anew permit must be obtained for any change in use or ownership of the subject facility, J. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this permit. Date ~" .?,x ~ ~ . Elizabeth A. Blnsack Director of Community Development LL:eab/bourbonstentpertnlt.doc , Red ~~// R~rta, ~A-hf lh~ Lar mith, ~, Pr ~ f, Bourbon Street Restaurant -~' ~~:~: . . - - . ' ~ 3 ~ ~. .r . .. . :~,~ .. .j • ~ ~~ - i, 4:'.' - ~ . ~~* _ - - ... ~ 5 - • . .- a ;vi ~ • i ~ - DES r' lII~11 1f~N1'~"Y' D~O~'lili'~- _ ,.. . - f I.t~ h'f~,.,~5 ti t~'y~s Y.'-Fr ~ 4 ,~ C P" "~- "~< ± i .. ~ :'t' ~ ~. ~l 1 .r i 4 ~) yh !h`1k ~, ~, ~~~~~c ~ ~ ~u ~'~ ai 'd~F74' ~~~ ~ >z ; 3 _ ~ ~ E '' ~{~;,~ z c _ ~ ,- , 'fi ~ r~ T l~}' ~~~ s ... ~ ~ ~ ~ ' ,.: ' ii~i ~ -~ ~ +~~II~I~J~ F . ~ ~ . .: _ - -~ . ~n t ~~ .., • ~ :; ..; - .: ' t .. .. .: , ,~ r . ~ ~ ~~1 ~ ~~ . ~ ~ , .. f ~ ~ f r"sr . r y. a rr -'C~. _ ~-. r ^~ }. 'r k ~ _ .. .r ]~ ~ ~ . ~~ .• . , ca 4 '~~ w ~ ~ _ f f y ~ ~ . J ~~ ~~ ~T m Y, V P, ~ - ~ ~ $ r: ~ ~ ~ 3 i F a .~ ~ ~ x T fS ~ ~ : ~ _ - r r w F ~' •/':. ~: P~~[ THE DAB x ; ~. _ ;. '~'~. A~~b= ASE: R~i+U:~ ... ~ - - ~ ~ {~. ' 4 ~l ~8.1''~~li~ As!9 ~ ~ . ,: r: .~rtess ~aCn9e~~'eehruc Y ., _ ;:. .:. _ _ ~: ~'' is:: . S T '~ Exhibit City of Tustin Business License Detail Listing D~~ ACTIVE (; ~ $0.00 ~' 14131 RED HILL AVE. TUSTIN, CA 92780 RODERICK'S 10/09/2006 1D0778768 A 58 Business Information BASED ON GROSS Eating and Drinking Places C1/SCR 10-05-D6, RESTAURANT (FULL SERVICE) Proaertles C1/SCR License Information Y Sole Proprietor 01!01/2008 ~ 12/31/2008 License Fee $80.00 0 0 Penalty Fee $20.00 0 100.00 $600,000.00 $0.00 0 0 0 Owner Information Page 1 08/19/2008 City of Tustin Business License Detail Listing Owner Information OWNER MATTHEW R HUSTON PARTNER THERESA L HUSTON S/A Comments 03/04/2008 2:43:15 PM 100.00 CC RECEIPT NO. 99997 08/14/2007 12:09:15 PM 100.00 CC RECEIPT N0.65297 TAX 8 PENALTY 10/09/2006 11:01:21 AM 25.00 CC LIVE ENTERTAINMENT APPROVED 11-05-06 Page 2 08/19/2008 City of Tustin Business License Detail Listing License History From: 1 0/09/2006 To: 08/79/2008 10/09/2006 12/31/2006 License Fee 25.00 .. $25.00 01 /01/2007 12/31/2007 License Fee 50.00 Penalty Fee 50.00 L o, $100.00 01/01/2008 12/31/2008 License Fee 80.00 Penalty Fee 20.00 $100.00 Transaction History From: 10/09/2006 To: 08/19/2008 T~'6a~ '~AQB 10/09/2006 LICENSE $25.00 10/09/2006 PAYMENT ($25.00) 12/04/2006 RENEWAL $0.00 01 /03/2007 RENEWAL $0.00 08/09/2007 CHANGE STATUS $0.00 08/09/2007 CHANGE STATUS $0.00 08/14/2007 LICENSE $100.00 08/14/2007 PAYMENT ($100.00) 12/05/2007 RENEWAL $0.00 03/04/2008 LICENSE $100.00 03/04/2008 PAYMENT ($100.00) $0.00 $O.oo Page 3 08/19/2008 Exhibit 7 RealQuest.com ~ -Report Page 1 of 1 Property Detail Report ~,~~~~~~~,~ ~~,~ For Property Located At 14131 RED HILL AVE, TUSTIN CA 92780-5833 Owner Information: Owner Name: WILSON HUGER G 3185 MORITZ DR, HUNTINGTON BEACH CA 92649-1877 0005 CIO OLD Mailing Address: TOWN INC Phone Number: Vesting Codes: / ! Location Information: Legal Description: IRVINE SUB LOT 34 BLK 1 1 POR OF LOT TR 361 County: ORANGE, CA APN: 432-041-17 Census Tract /Block: 755.12 / 2 Alternate APN: Township-Range-Sect: Subdivision: IRVINE Legal Book/Page: Map Reference: 23-F3 ! 830-C5 Legal Lot: 34 Tract #: 361 Legal Block: 11 School District: TUSTIN UNIF Market Area: Munir,ITownship: Neighbor Code: Owner Transfer Information: Recording/Sale Date: / Deed Type: Sale Price: 1st Mtg Document #: Document #: Last Market Sale Informafion: Recording/Sale Date: I 1st Mtg Amount/Type: I Sale Price: 1st Mtg Int. Rate/Type: / Sale Type: 1st Mtg Document #: Document #: 2nd Mtg AmountlType: / Deed Type: 2nd Mtg Int. RatelType: Transfer Document #: Price Per SgFt: New Construction: Multi/Split Sale: Title Company: Lender: Seller Name: Prior Sale Information: Prior Rec/Sale Date: / Prior Lender: Prior Sale Price: Prior 1st Mtg AmtlType: / Prior Doc Number: Prior 1st Mtg Rate/Type: / Prior Deed Type: Property Characteristics: Year Built / Eff: 1970 / Total Rooms/Offices: Garage Area: Gross Area: 3,991 Total Restrooms: Garage Capacity: Building Area: 3,991 Roof Type: Parking Spaces: Tot Adj Area: Roof Material: Heat Type: Above Grade: Construction: Air Cond: # of Stories: 1.00 Foundation: Pool: Other Improvements: Exterior wall: Quality: Basement Area: Condition: Site Information: Zoning: Acres: 0.16 County Use: GOMMERCIAL (3) Flood Zone: X Lot Area: 6,860 State Use: Flood Panel: 0602350277H Lot Width/Depth: x Site Influence: Flood Panel Date: 02!18/2004 Commercial Units: Sewer Type: Land Use: COMMERCIAL Building Class: BUILDING C Water Type: Tax lnformafion: Total Value: $232,467 Assessed Year: 2007 Property Tax: 53,449.52 Land Value: 518,854 Improve %: 092% Tax Area: 13001 Improvement Value: $213,613 Tax Year: 2007 Tax Exemption: Total Taxable Value: 5232,467 httn://www.realauest.corn/i sp/report. isp?&client=8caction=confirm&type=getreport&recordno=0... 08/21 /2008 California Business Search a '~ a U a p DISCLAIMER: The information displayed here is current as of AUG ] 5, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation OLD TOWN, INC. Number: C1724041 Date Filed: 4/23/1993 Status: active Jurisdiction: California Address 3185 MORITZ DRIVE HUNTINGTON BEACH, CA 92649 Agent for Service of Process LARRY R SMITH 3185 MORITZ DRIVE ' HUNTINGTON BEACH, CA 92649 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. Page 1 of 1 httn•//kPn1Pr s¢ ra ¢nv/cnrndata/fihnwA]lList?OuervCoroNumber=C1724041&printei=yes 08/21/2008 ZUU!-ZUUB - 43L-U4l-l !, l4 I J I ~ J oUi m ~~~ aa~ n ~~ ~'zm O O C v 00 W o~ ~~~ I~ ~! ~001~ ~q 00 v ,h W snl ~9 ' ~~i I ` -~ #' dl/TCHELL -"1 AVENUE ~ d 47.01' 'Y~ p 4,I b. ~q 1 u a e C ` t ~ ~ C ~ >, ~ m O ~~. Z n ~ r r" Q '"~ ~ o a a YffM OR/Vf sa' 1 ~ ~ i ~ ~! O i u e~'+~ nOr~~~~~ ~.. ~. af! 1Z ~ ~ ObV »~ ~~ New V v ~b~~~ ~ b V O Y ~ ~ iii o o ~2>`~nms 00H brn CD' O ~ ~~ ~ ti i S ~ a b'a Y mYr~Q a~m~„= ~ bum k' i..,.r' ~. , ~ ~m4 g ~ M~ ,` ds4 ry a O A V' ~, - I sss' ..~ ~.. V1 ~o• O s. .a' N ~.r „o. Y~' Y O Y I OOH r ~ iz~ ~ml" ~mco rho a ~ ~ 2 c >r- ~ma oovl i°m ~ AO ~N~ H qb a~~ 2mb m o a D = N/ssoy 1 0 O s a ~i O ~r ~.~ le• `i O 1 0 O O • co s.~~ ~ ~ is. o ~ m Q ~ 0 SANTA ANA FREEWAY 500-14 11 0 d a w N -~ uucci. 1 vi 1 Exhibit 1 .~ I I I r I I ~II I"~ I... I .. ~ III. I' I I I II ~ VIII I ~. ~ ~ .. .i .II I~I. II I ~ it I I I`I ~I I ~ I ,~1 I ~ ~I ... I f II 1 9 ~' ! I I I I ..1111 I~1 II I 1.1 1 ' .~" ~ ~ ' ' 'J J~I ~ _ ~ J ~'''~'~ ~ ~ ~ 1 / ' J J ~ '/ ~M, ' w ! ~a vy L 1 I~ri ~ ~ 1 ~"~~ I r~1 `~ t 1 IL = ^ ~ ~~ ~ I ~~ ~~ ~ (/ ~f ~ ~-a ~M ± '~ ~V ".I 1-W~1 _ ~..Ilf fi~ll..1i ~yll; I 1. 1 II ~ III nn I I i,i,l I .R II r ~ ~ ~ ~ ~ ~ ~ ~ ~ "~ .+. 1, ~. e .« ~, ~' ~ ` R' a' ik i - II ~ e. ~ . AL r ~ _ ,~~; . ~~i ~ ~ i ~ ~~ .. ~ ~'~ {~ -~ ~. . ~~~< <w ~'" , i _~ ~ i i f~, d~~ ~i ~~ e N ..a ~~ •4 lJ' _N 0 ~1 ~ 4.= ~- ~~ L~-~ rr ~~ nl ... ~ ~ , ba$~P~ o~°~P9 ~~a~o~ 6~9Io8 f J -~ N ~~'. 0 ,,~-, '~ 's ~~ ~~~ ~~~. . ~~' ~~ y~~' ~,i ~!~ .I ~ . `J~ ti~~'~ 1 ~~ << r , ~; ~-..~ a~ ~ ~' ~~~ ~ ..i. w 'y ?: rh ? i u: k _~ m °~ L.r ~ .y ..:~~ ~ r r„ ' n -t M ~ ~~" :~ "'{ a CY1 ~ ~ M ^r -~ ~ .:~ A • ~ L~ a,bo -, 1~ • ~ C fin` TJ ryq' .~.. ~ ~ u- .~' +~ Z7 ~~ ~~; o ~ ~ ~. ~ ' ~1 ~. ih, z° ~ ro ,