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HomeMy WebLinkAboutCC RES 08-80RESOLUTION NO. 08-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, REVOKING 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 City Council does hereby resolve as follows: The City Council 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. Therefore, proceedings to revoke Conditional Use Permit 98-029 were initiated. An Investigative Report was prepared and is attached in Exhibit A of Resolution No. 4103 and Resolution No. 08-80. 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, 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 Roderick's 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 approved Resolution No. 4103 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. That the City Council has considered the matter and made the following findings based on the evidence as described in the staff report dated November 18, 2008, and attachments thereto, including the Investigative Report in Exhibit A of Resolution No. 08-80. The City Council 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 Conditional 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 Investigative Report in Exhibit A of Resolution No. 08- 80, regardless of ownership, business name or 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 State law. 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. The following conditions of approval have been violated: a. Condition 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 Department 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. Multiple letters were sent from City staff to the owners Larry Smith and Gregory Fitzgerald regarding the requirement of Condition 1.8 for an audited financial statement and schedule prepared by a certified public accountant. The owners repeatedly ignored the requirement and were unwilling to comply with conditions of approval. Staff subsequently initiated revocation proceedings until the new owner took over. When Mr. Huston was informed of the conditions of approval prior to taking over the business (meeting held on July 21, 2006 and in letter from staff on July 21, 2006), he was informed of all conditions including 1.8. A letter dated December 4, 2006 was submitted with the appropriate gross sales and schedule, however, every instance thereafter, the appropriate documentation was not submitted. Staff notified Mr. Huston on May 14, 2008, and again on June 9, 2008, of the requirement to submit gross sales statements and schedules which were overdue and incomplete. b. 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 on several separate occasions. C. 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. d. 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 officers 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 several separate occasions and asked what time they close on Fridays, they received a response of "2:00 a.m." e. 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. 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 was not authorized by Conditional Use Permit 98-029 or the Live Entertainment Permit. Multiple violations of the 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. g. Condition 2.10: [in part] Shall not exceed 12 "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. h. 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 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. 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 by the business owner to make room for dancing. k. 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. 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 No. 08-80 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 State law. 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. J. 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. That the City Council held a public hearing on the revocation of Conditional Use Permit 98-029 at a duly noticed, regular meeting on November, 18, 2008. At which time, the City Council hereby revokes Conditional Use Permit 98-029, for 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. Such revocation shall not be subject to the one year prohibition on the submission of a subsequent conditional use permit as otherwise required under the City code. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 18th day of November, 2008. ATTEST: PAMELA STOKER, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 08-80 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of November, 2008 by the following vote: COUNCILMEMBER AYES: Amante, Davert, Bone, Palmer (4) COUNCILMEMBER NOES: Kawashima (1) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: None (0) ✓PAMELA STOKER, L City Clerk EXHIBIT A OF RESOLUTION NO. 08-80 INVESTIGATIVE REPORT WITH EXHIBITS CITY OF TUSTIN CODE ENFORCEMENT OFFICER'S INVESTIGATIVE REPORT DATE: BUSINESS OWNER: SUBJECT PROPERTY ADDRESS: CASE NO.: SUBJECT: RECORD OF ACTION: August 28, 2008 Matthew R. Huston 930 S. Keene Drive La Habra, CA 90631 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 - 2am". 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 — 2am" (Exhibit 3). • Tustin Police Department's Special Investigations Division was informed of the recent citizen complaint and City staffs 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 a follow-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 e-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 & V08-0298 August 28, 2008 Page 3 May 1, 2006 • Elizabeth Binsack received an e-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 e-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 e-mail earlier in the morning at 10:26am to Elizabeth Binsack and his letter which was included in his e-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 e-mails to Elizabeth Binsack, dated April 28, 2006, May 1, 2006, May 3, 2006, and his letter via e-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 OOJor 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 2am 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 Exhibits Listed: Phone Number: (714) 573-3135 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 -03M & 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 e-mails to Elizabeth Binsack on April 28, 2006, May 1, 2006, his e-mail earlier on May 3, 2006 at 10:26am and the letter which was attached in the April 28, 2006 e-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 e-mails to Elizabeth Binsack, dated April 28, 2006, May 1, 2006, May 3, 2006 and his letter via e-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. xhibit Community Develop ment Departmen! Nlwffimmm� - - ---E' City of Tustin May 31 2005 300 Centennial Way Y, 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. Fitzgerald: 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 Hili 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 Uve Entertainment Permit may 'be initiated. Furthermore, you have not maintained a current business license with the City and are therefore in violation of your Uve Entertainment Permit. if you have any questions regarding this matter please contact Senior Planner Scott Reekstin at (714) 573-3016. Sincer _ L 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 Justine Willkom, Senior Planner Scott Reekstin, Senior Planner Code Enforcement, Business License SACdd�Swtfflusiness\Bourbon Street Rues May 2005 U tter.doc Gregory Fitzgerald May 31, 2005 Page 2 bcc: William A. Huston Paul Garaven Exhibit bt Community Development Departmerit June 9, 2005 Scott Leotti 1838 Calle Belleza Rowland Heights, CA 91748 SUBJECT: USE OF RESTAURANT AT 14131 RED HILL AVENUE Dear Mr. Leotti: City of Tustin 300 Centennial Way Tustin, CA 92780 714.573.3100 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 not 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. • Lack 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 A. &nsadc 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 �_nermoz Lining uuiae -- uruted_States/C;Al1'ustin/Fitz's Pub 8t Lounge Page 1 of 3 part of the open directory project BAR / PUB / Top: United States: CA: Tusti BREWERY IRISH Description F itz'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 (Nisson/5 Fwy) - Tustin, CA 92780 714.665.2709 Hours Sun -Thu 3pm-12am Fri -Sat 12pm-12am Web Information web gnu reservations Located next to Stater Brothers supermarket. Reviews vireewti add a lin Show 101 2Q 12Q 1 5Q reviews on each page Friendly place Food ****.#K I stopped in to check this place out and sat down in the bar area. Blgscreen plasma Service ♦rc*c*fcfC TVs, very attentive (and attractive) bartender, a few regulars watching the football Ambiance game. overall 1 ordered "Irish Nachos", which are large French Fries with cheese, the regular fixins, 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. Features English language menu private room private parties offsite catering dancing television entertainment / live music Accepts Service was prompt, and the appetizer with two Newcastles cost less than $10 -1 considered this very good value. There is a downstairs gameroom that was quite busy - the "regular" bar was quiet - ano though I didn't actually look at the upstairs "lounge", the blue-ish velvet curtains had a "seventies" look to it. Previous Incarnations of this establishment allowed smoking inside in spite of the law against it, but thankfully Fitz's doesn't seem to. There is a smoking area outside that seemed to be honored. [13 Sep 2004 18:32:231 Food: ***** Service: ***** Ambiance: ***** overall: Recommended Dishes: Irish nachos Tustin, California !.,nermoz uming uuiae -- unitra states/cAfl ustin/Fitz'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, RBB, and eve some house music. Friendly crowd, great food and drink specials, plasma tvs for sporb 3 rooms and 3 bars, 4 pool tables, shuffleboard, good prices, jukebox. Most of the bartenders are attractive 21-30 yr. old females. Dancing every Friday night with no cover charge. Great place to eat, drink, watch sports, and hangout [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 Headline Recommended Dishes Ratings Overall* pick one Food pick on Service pick one AMbiallce pick one Reviewer Information r show my name (or nickname) with my review Name l;netmoz liuung Uuide -- Um ted States/CAlfustin/Fitz's Pub dt Lounge. Page 3 of 3 r show my e-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 Please note: this form does not send a message to the restaurant, it submits a review to the CheflUoz dining guide. required fleld Editors: i Copyright © 1999-2003 Netscape. - Last updated 23 Apr 2005 21:36:46 EDT - cdk Exhibit *. f. t3 NO SUSF{ v ffo D No ,R�OS[Lr»flIDN DEWBD D iNkkAi i 10101PORT. O COURnSY REPORT 0 'SSTICMIOL ER10B 104NATED r, r f D CON iWhAL IV CRIMI- 4 cm NOON 7 CRMEJINCIOENTTYFE ti BPeam LOCATION OF cwA 17 FPM NAME (r Iew" 14 NAME ILW RRBT. MWUI3 24 IMltbINCE AWM90 17 OOOE 0 -WM O ANT. RAST. WWLX1 44 II�BOSNCB AOOREM 47 Kamm , AWPWn 41 cm a NA1E1(LAE7. FIRM hIc" 47 REBM)B = MMU SI BAWISEE AOONIM E N NAME 0Jn nw. me" 71 NAM& CE #MOM 01.11111041311 AODIMlM 'n ucam 0 7-BTATB n j Be OOLOI aux NA i �j N D / TMERB O A•WRNEBS TO 111E CRE,IS J O 1 A SUSPECT WAS ARRESTED D ! A SUSPECT WAS NAMED O 4 A SUSPECT CAN BE LOCATED D 5 A SUSPECT CAN SE DES��CR11�� O 0 A SUSPECT` CAN BE ID@fpIFOD D 7 A SUSPECT V84 CM pIW BE IQENTIRED O B THERE A =NT1 WILE STOLEN PROPERTY D P THERE 18 A W*&F WKT, M.O. ` D 10 SgNIFICAHT PHYSICAL EVIDENCE 13 PRESOf D 11 THERE 18 A MAJOR INIURY/8D( CREEL INVOLVED O 11 THERE 18 A GOOD POSSIBILITY OP A SOLUTION - D is.FURTHER INVESTIGATION NEEDED O 14 CRIME 18 GANG RELATED D 16 HATE CRIME RELATED - ?4 REPRODUCTIVE HEALTH CRIME 18i AT SCOWL (RANG NAME 4 D NO.) %04nn IOCV 4MrM TUSTIN POLICE DEPARTMENT DACT" 4 °R' 300 CENTENNIAL WAY o susRNDEo [KO TUSTIN, CA 92780 O RECORDS -- o ^ 11-1 COURTESY 1 REIAER OMER CRIMEANCIDENT REPORT DD MIBMIS Q E� PyRI-M�ARKcoUNrt B� 10 0TIIEA OOUKTI H iNNTe 10 14 DATE 14 ar 14 7118 on • 4 WE W1 11 T" "n 21 CMTS �Iuwxfl 2Y aY � 7M! . 24 occu1RRON 2E McQL ;7 EDI O Bl RAQ 1 *"IT O 214 O 1 BLK 0 1 M 1 4IND O E CMI O 4 J" O 7 RL O 1 R 0 4 RJN, O 4 V10T 010 pp1 . 1D CRYBT11TE 21P COOP REL M1O1/ >t M: IS' ( I 14 CITY 4LITE 23r OOOE 1s 0A PNONE 44 WF. ( ) 36 OOCU1M110N 40 CLO,L 41 an 101 O 214a O 2 ELKO t M.. Ica=O. O o" 17 Ril O / R O,4PAL NBT 0/00111 M CRY B7ATB Z!r COOS A REB • M: N CITY 1 DQE ZIP am. RHOIA NA vvr 1 q 00btNM710N M OSE N BDI M RAGE O 1 WMT O 2lAa O 1 ELK O 1 M 10490 O saw O 444N O 7 R 0/ I Q• RAL, O M V,ET O to or L _ N CRY 47708 DP COOS 0 REL ►l101i 40 HT: i 1 4E DRY 7- 2r CODE in EUL P)MM W WT: ( 47 OCCUIRRON M OOi N BBX 70 RACE O 1 WMT O 2 MBR c3 1 BU( O, M 0400 O SOMI d 1 R O @AARN 0,7 RL 0 4 RJBL O 0 VAT 1310 ORS^ 7E CITY SM= ZIP cm 71 R}L RNOMt• 74 KT: ( ) >r ORY 4T41E Ira=- 77E11lRNOtO 71 WT: ( ) n boom .L 1 204-011• 40 1R1 4O VAN • 4o Rv 100 W"S" 101011 2O'OONII SOW= 70 LAM 4D Mip ARACnRAT10E A DIBrOBR10NGRV04M ~ Q 1 Pe fTi n 1.ORDER ABgV® a BCBNB my: D 17001.4 O E TOOL mmarm O 4 GLASS 2 ENTRY MADE BY: 09 O 5 PANT S NAME OF POISON SIAVIV. O B BULLET CASINO O 7 SUJET O B RAPE KNT 4. RESPONDENT 8KINATURE: O I SEMEN .3..10.0VW: _ D 11 u`A* M � D 12 NAA O 1E FNIEAPAM NAME A Rr D 14 PHOTOGRAPHS O 16 OTHER (DESCRIBE) NOTES: TOTAL LO88/ DOLLAR AMOUNT M ROVTED SY 0 WTENEDBY N PATE 100 DATE ' ADDITIONAL NAMES / LAW ENFORCEMENT PERSONNEL ONLY Ir I A- ASSISTED AT SCENE C• CRIME SCENE INVESTIGATION F- ASSIGNED FOLLOW -up OFFICER P- PERIMETER ASSIST W- WITNESS 121 IN COOS 124 FUNK 125 M7ENOY NAME TUSTIN POLICE DEPARTMENT in AGENCY AOOR CRY STATE 300 CENTENNIAL WAY 1 7 A Y PF10NE . TUSTINCA 9P780 IN CAN TESTNY TO. 120`00dk 191 PAW 172 AWKY NAME AAMMY TUSTIN POLICE DEPARTMENT ADDREBE CRY STATE L► 300 CENTENNIAL WAY 174 A Rg1N TUSTIN CA 92780 . IN CAN TEKTIFY 70: 120 cm 1 1.37 WMQA8T.FVI 125 FiAN1 139 AGENCY NAME TUSTIN POLICE DEPARTMENT I AODICY AC R to CITY STATE ZIP U1 300 CENTENNIAL WAY TUSTIN CA 92780 in CAN TESTI/Y 10 141 tq NANKt 1N AONIC►NAIK 145 RAW.9 TUSTIN POLICE DEPARTMENT 1., . I0'AGlMCYA00AffW CRY sm ap iN AGVCV, FNp! 300 CENTENNIAL WAY TUSTIN CA 92780 • 140 CANNs TEETIY T0: ,60 1 181 ,62 nAN1 14 AQENCyNAM TUSTIN POLICE DEPARTMENT 154 AO IN CSTAR ZP 1 PM !R 30000 CENTENNIAL WAY TUSTIN CA 92780 1N CAN TEEwY TO 157 000K 1 1N PAM 1N AOIENCY NAME TUSTIN POLICE DEPARTMENT • 151 ASENCYACUPKIN CRY a7Jr1E DP 1N ANENCYPNO 300 CENTENNIAL WAY TUSTIN CA 92780 1N CAN TEEM TO: • 1p COOK 1 1N RAWAGIR CY WM! to 1N ASKNCY - CI7r SEAR Z 175 CAN TE 171 I 1 177 AAlSf 171 A(#lNOY NAIN Ai. 176 AGENCY CITY BTAR ZED 1 Room ,ncm TEsn"TO: ' 1 170 was IN RAW 151 AW3 —NAME IQV• ,52 ASENC1r CRY STATE ZEN tp AGENCY F110lIE T. *0F It CIO �N C�AN.TEETIFY TO �1 in COOK 1 Wi1 1N Ptp AOENCYNAME O , N AbENCY AWFIEN CRY STATE ap 100 AG@1CY PH" 1-2112 91 CAN TEFnFY Tp 12 RE 1157 DATE 194 APPWM 5y / 10 Na 1 toy DA PAGE 71132 _ , TUSTIN POLICE DEPARTMENT INFORMATION REPORT CR #05-7880 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 , 2005 reference people urinating and drinking alcohol in the surrounding Fitz's parking lot. The citizen was also concerned about prostitution that may be 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 FITZ 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 %:" X 4" card displayed on this message board. -This card had a photo of a female and read "Club Fitz, The O.G's Hottest New NightSpot, 21 And Over, $5.00 after 9:00pm, -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 S Detective and aft and Probation Officer 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. e 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 Midnot 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 � 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 the 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 liar 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, 10-14-05) we observed the bar was still open at 12:30 AM. At 12:OOAM, the bouncer opened the front 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. 1� brought another'beer onto the patio about an hour. later. On this occasion, the bouncer quickly asked 1� 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 11-05-05 at 'approximately 2230 hours ,.Sergeantum Detective � OffiicerOMM Officer and Officer Uftretumed 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 appear to be replenished throughout the evening. The parking lot and the bar was not very crowded, there were approximately 40 people in the bar that evening. All subjects at the bar appeased to be 21 years of age or over.. . spoke to the disk jockey, and wife. They told -that Mwas the disk jockey there on Saturday nights, and advertised (promoted) Saturdays at Fitz's. They gavebusiness card. On 10-13-05, took a 4"X5" card which was displayedFor people to take. This card was sim lar to the card on Fitz's message board 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 throw 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 approximately4 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 as 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 askirig 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 I= to contact these subjects. for an investigation. The suspicious subject drove away and 1� and 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 # 05-08466 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 lot area during the surveillance • 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. TUSTIN POLICE DEPARTMENT) - SOURCE SOURCE LAST, FIRST, MIDDLE (FIRM. IF BUSINESS) r_. —— 1G PROPERTY REPORT 1 CR, PAGE q(ORIG 2 REFER OTTS HER REPORO O SUPP CODE: -'P -FINDER "O'■OWNER 'S'.SUSPECT VwVICTIM 'W.WITNESS SOURC LAST, FIRST, MIDDLE (FIRM, IF BUSINESS) QA 3 TYPE 4 OT1l a ARTICLE ,p o�.p 1 019, a BRAND 7 MODEL S SERIAL No"N 9 VALUE - 10 COL (s) 11 DESCRIPTION 12 PREMISE / AREA/ ROOM TAKEN FROM 14 CURRENT LOCATION 16 ADDITIONAL NOTEg / SKiNATURE FOq RELEASED 1-11-8-0URCE. REM ITEM 18 TYP E 17 CITY 11 ARTICLE 19 BRAND 20 MODEL 21 SEAUIL NoJOAN S22'I __^y 23 0 24 D RIPTION ` n PREMISE /AREA! 25 ROOM TAKEN FROM 725S0yRCE:-27 CURRENT LOCATION Za ADDfTIONAL NQ7E8 /8 RE FOR RELEABEp . ITEM NO. 29 TYPE. 1 30 CITY 131 ARTICLE % t F•o M0 T to P --)AL„ 132,6RANC 33 MODEL 34 SERIAL NOJOAN ..� 35 VALUE _ 36 COL (s) 37 DESCRIPTIONC,4 V E 6N�StV� _ W Tv 2{,�9.,-t iv I G H r S S I _ _ 38 PREM) E /AREA /ROOM TAKEN FROM 30 SOURCE 40 CURS ENT LOCATION 41 ADDITIONAL NOTES / gIpNATURE FOR RELEASED , j I - LITEM ITEM 42 TYPE 43 CITY W ARTICLE. 48 BRAND 48 MODEL 17 SERIAL NO /OAN NO. r 4a VALUE 49 COLOR(S) 50 DESCRIPTION -- D _ 51 PREMISE ! AREA / ROOM TAKEN FM -W SOURCE 53 CURRENT LOCATION 64 NOTES /S FOR RELEABEp mw ITEM 86 TYPE 58 OTY 57 ARTICLE 58 BRAND59 80 SEAL N SERIALOJOAN NaS . 81 VALUE e2 coLOR(e) e3 DEW CRIPTION 84 PFIEM=! AREA ! ROOM TAKEN FROM 0 SOURCE: 88 CURRENT LOCATION a7 ADDITIONAL NOTES / SKIIIVATURE FOR RELEASEp ITEM 1 1 . 72 7 Na . 7 T75COLORS) 78 DESCRIPTION 77 PREMISE /AREA /ROOM TAKEN FROM . 78 SOURCE 70 CURRENT LOCATION III ADDITIONAL NOTES / SIiNAiV IE FOR RELEASED REM ITEM '. 81 TYPE 82 OTY MTICLE -161—BRANID 85 86 SEAUL NO. 183 87 VAL ' as COLOR(S) 80 DESCRIPTION 90 PREMISE 1 AREA /ROOM TAKEN FROM 01 SOURCE 92 CURRENT LOCATION 93 ADDITIONAL NOTES / SIGNATURE FOR AELEASEp ITEM PROPERTY RELEASED BY APPOINTMENT ONLY: Plane refer to the be* of your prop" rscso III properly release Ini mistlon and irutructio�, ID NUMBER DATE SIGNATURE FOR RECEIPT O RECEIPT MAILED D REFUSED 16-iq.D I PG OF t/M1 AYu.F.Mr.,.. I+w... w►r� n_�y .'__ _. _._ _ . SA • ,& THU, ' OgT 2 7., 2005, 1 :12 PM CAD Address Inquiry Agency: P Address Exact: 14131 RED HILL AV Address Range: /. Date: / Type: Sel: THU, OCT 27, 2005, 1:12 PM Odd/Ever, Count: Date Time Type NOI Dispo 1. 102j05 2329 PC 415S 15 2. 102205 0203 TS TRAFFIC STOP 03 3. 101805 0945 INFO INFORMATION ONL COMP 4. 101205 1027 C6 OUT FOR INVEST COMP S. 100905 2007 415B PARTY/MUSIC-DIS 05 6. 100905 1545 VC VEHICLE CHECK' COMP 7. 093005 0008 415FIO FIGHT DISTU JWC Ol 8. Q 92 5 0 5 Q2,52_ 6530--, L(>!YN*IN&- - O 1 9.� o ob 11�r3w39aw bw.W* IIi- pMMXE 01 L0. 082105 2305 PBD PBD.CHECK COMP L1: 082005 1543 TS TRAFFIC STOP' DW L2. 081705 1940 PBD PBD -CHECK 01 THU, OCT 27, 2005, 1:12 PM Odd/Ever, Count: 251 Page: 1 of 21 RC/DI DI/AS AS/CC Incident 16:24 00:38 19:02 5TUO050652 00:00 00:00 99:99 5TUO050502 • STUO049714 00:00 00:00 13:40 STUO048736 24:29 01:50 03:08 STUO048273 00:00 00:00 07:30 STU004*8249 01:41 03:06 99:99 5TUO046663 08:01 02:55 99:99.STUO045848 00:30 02:52 99:99 STUO045129 00:00 00:00 03:04 STUO039861 00:00 00:00 05:32 STUO039629 00:00 00:00 17:3 6 STU0039138 D r • 14. THU, - OCT 27, 2005, 1:13 PM CAD Address Inquiry A< y: P Address Exact:: 14131 RED HILL AV Address Range: / Date: / Type: Sel: r THU, OCT 27, 2005, 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 5TU0038208 00:00 00:00 34:25 STU0033168 00:52 09:57 29:57. STUO032843 00:00 00:00 02:34 STU0031650 01:11 02:24 04:15 5TU0028555 00:00 00:00'06:14 5TU0028509 00:00 00:00 24:01 5TU0028102 00:00 00:00 02:16 STU0026171 00:00, 00:00 08:51 5TU0025029 02:07 03:10 39:56 STU0024547 00:00 00:00 15:19 5TUO024488 Date Time Type NOI Dispo 1. 081305 1321 PED PED CHECK COMP 2. 081305 0141 TS TRAFFIC STOP O1 3. 071605 1751 PED. X2 05 4. 071405 1927 505A RECKLESS DRIVIN 05 5. 070805 0108 415DV DOMESTIC VIOLEN COMP 6. 061905 0054 925C SUSP OCC VEH 06 7. 061805 2018 BS BIKE STOP COMP 8. 061605 1048 TS TRAFFIC STOP DC 9. 060405 0015 925C COMP L0. 052805 0710 TS TRAFFIC STOP DW L1. 052605 0219 4'80 ACCIDENT H/R IN 03 L2. 052505 1813 TS TRAFFIC STOP. DC r THU, OCT 27, 2005, 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 5TU0038208 00:00 00:00 34:25 STU0033168 00:52 09:57 29:57. STUO032843 00:00 00:00 02:34 STU0031650 01:11 02:24 04:15 5TU0028555 00:00 00:00'06:14 5TU0028509 00:00 00:00 24:01 5TU0028102 00:00 00:00 02:16 STU0026171 00:00, 00:00 08:51 5TU0025029 02:07 03:10 39:56 STU0024547 00:00 00:00 15:19 5TUO024488 THU,' OCT 27, 2005, 1:13 PM CAD Address Inquiry Agency: P Address Exact: 14131 RED HILL AV Address Range: / Date: / Type: Sel: THU, OCT 27, 2005, 1:13 PM Odd/Eves Count: 251 Page: 3 of 21 RC/DI DI/AS AS/CC Incident. 04:04. 03:06.99:99 5TUO024335 00:00 00:00 09:06 5TUO023848 00:00 00:00 04:4 9 5TUO023844 5TUO023752 00:32 01:38 99:99 5TUO023711 STUO023710 00:00 00:00 06:22 5TUO023'614 7 00:103:03 24:16 STU0023609 5TUO023231 00:00. 00:.00 10:29 STUO019752 01:54 03:23 14:43. 5TU001883 8 00:33 02:11 06:17 STUO018232 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. 05210 5 1056 459A BURGLARY ALARM CANCEL 5. 052105 0129 415FIG FIGHT DISTURBNC 06 6. 052105 0122 24042R ASSAULT/BATTERY DUP 7. 052005 1644 BAR . BALZ, CHECK,w COMP 8. 0514ff 161TI 90 , DRUNK IN PUBLIC 14 9. 051805 1411 928L CELL PHONE COMP . 10. 042805 1759 -TS TRAFFIC STOP DC 11. 0. 05 DIST`MNC 06 THU, OCT 27, 2005, 1:13 PM Odd/Eves Count: 251 Page: 3 of 21 RC/DI DI/AS AS/CC Incident. 04:04. 03:06.99:99 5TUO024335 00:00 00:00 09:06 5TUO023848 00:00 00:00 04:4 9 5TUO023844 5TUO023752 00:32 01:38 99:99 5TUO023711 STUO023710 00:00 00:00 06:22 5TUO023'614 7 00:103:03 24:16 STU0023609 5TUO023231 00:00. 00:.00 10:29 STUO019752 01:54 03:23 14:43. 5TU001883 8 00:33 02:11 06:17 STUO018232 i. I THU, OCT 27, 2005, 1:13 PM CAD Address Inquiry A ~y: 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. 031305-1722 925C 5. 030505 1325 415S 6. 021505 2133 PC 7. 021505 0218 925C 8. 012105 2032 PED 9. 011805 0215 PED L0. 011205 0914 45.9A L1. 010805 0144 415E L2. 010205 1411 925C NOI Dispo - COMP BAR CHECK COMP DRUNK IN PUBLIC 01 15 SUBJ DISTURBANC 06 PATROL CHECK COP SUSP OCC. VEH 01 PED CHECK COMP PED CHECK COMP BURGLARY ALARM 10 PARTY/MUSIC DIS 05 SUSP OCC VEH COMP THU, OCT 27, 2005, 1:13 PM Odd/Even: Count: 251 Page: 4 Of 21 RC/DI DI/AS AS/CC Incident 00:00 00:00 00:18 STU0016394- 00:00 00:00 09:42 STUO0163.77 00:00 00:00 99:99 5TUO016112 00:00 00:00 00:59 5TUO011983 00:25 03:38, 05:17 5TUO010731 00:00 00:00 20:28 5TU0007807 06:33 00:46 99:99 STU0007660 00:00 00:00 11:2 9 STU0003494 00:00 00:00 04:33 STU0002798 01:21 04:02 05:50 STU0001795 45:38 04:26 04:17 STUO001172 00:00 0000 14:4 7 5TU000024 1 'HU,- OCT 27, 2005, 1:13 PM .CAD Address. Inquiry .gency: P Address Exact: 14131 RED HILL AV Address Range: / ate: / Type: Sel s Date Time Type 1. 010105 0112 PC 2. 122904 2348 925C 3. 122304 2354 .415B 4. 121704 2329 PED S. 120404 0018 PC 6. 120104 0757 INFO 7. .112604 2.026 CC B. 112004 0212 488 9. 111704 21.37 CS 0. 111004 18.26 WC 1. 111004 0100 4155 2. 110504 0023 4155 NOI Dispo PATROL CHECK* 15 SUSP OCC VEH 06 PARTY/MUSIC DIS 06 PED CHECK 05 PATROL CHECK COMP C6/WS COMP CITIZEN CONTACT COP PETTY THEFT 03 STAKEOUT. COMP WELFARE CHECK 05.. SUBJ DISTURBANC 06 SUBJ DISTURBANC''03 THU, OCT 27, 2005, 1:13 PM Odd/Even: Count: 251 Page: 5 of 21 RC/DI DI/AS AS/CC Incident 00:00 00:00 '02:47 5TU0.000024 00:40 01:01 09:11 4TUO068911 00:48 04:17 05:05 4TUO068086 00:00 00:00 04:25. 4TUO067010 00:00 00:00 05:35 4TUO064719 4TU0064157 00:00 00:00 07:29 4TUO063327 00:00'00:00 99:99 4TUO062125 00:00 00:00 10:.28 4TUO061698 19:42. 05:44. 14:2.2 4TUO060524 00:59 02:20 07:44 4TU0060357 02:55 03:46 99:99 4TUO059419 CIN01009 INCIDENT INQUIRY THU, OCT, 27, 2005, 1:27 PM FOR: 1041 page: 1 R- -r: 102205 2329 Address: 14131 RED HILL AV ry :-P/PC 4155 Reference: FITZS PUB Beat: 3 Pol Dot: 303 Fir Det: 303 Map Guide: 83005 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 Partyls: Address: Phone: hhhh mm ss hhhh mm ss :16:24 RC/AS : • :11:02 DI/AS.: :00:38 DI/CC: :19:40 :19:0.2 City: TU Census: 51 Comments: 0005/ CASE NUMBER LI -05=00017567 (TU) 23 29/X' -ST - NISSON COMMON -NAME - FITZS PUB 2329/ INCIDENT. NUMBER: STUO050652 232 9/ROWDY CROWD "GANGSTER'TYPE" PER CP, KEEP CONGREGATING, CP CONCERNED AS 232 9/THIS IS NOT.THEIR USUAL CROWD, INVITED BY A PROMOTER TONIGHT, CP. WOULD 233 0/LIKE POLICE PRESENCE TO DETER 415 FROM HAPPENING 234 9/DOING A BARCHECK 2356/C4 `ice 0005/CLOSED DISPO : CHECKED OKAY 0005/HIKE TEAM Ri - pry : in !:mpl Date Time .. Cmd Type 1:4131 RED HILL AV 10/22 23:29:55 RC PC 560/1089 10/22 23:46:19 DC PC 570/1092 10/22 23:46:20 DC PC i80/1116 10/22 23:46:20 DC PC ;90/1083 10/22 23:46:20 DC PC ;60/1089 10/22 23:46:57 AC PC 070/1092 10/22 23:47:01 AC PC 180/1116 10/22 23:47:03 AC PC 90/1083 10/22 23:47:05 AC PC 7/677 10/22.23:47:17 DC PC 60/'1089. 10/22 23:50:07 QO PC 60/1089 10/2.2 23:50:07 SC PC 60/1089 10/22 23:50:15 ON PC 60/1089 10/22 23:50:15 SC PC 7/677 10/22 23:50:56 AC PC 60/1089 10/22 23:59:47 SC PC 60/1089 10/23 00:05:59 CC PC 70/1092 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 7/677 10/23 00:05:59 CC PC 10/23 00:05:59 GC .or Location/Comments --------------------------------- User 14131 RED HILL AV ----- 1106 1:4131 RED HILL AV 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 1121 14131 RED HILL AV. 1121 14131 RED HILL AV 1121 14131 RED HILL AV 1121 CA 14131 RED HILL AV 1106 1106. 14131 RSD HILL AV CA M 1106 1106 14131 RED HILL AV 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 1121 14131.. RED HILL AV 1121 LI0500017567TU 1121 �CIN01OQ9 INCIDENT INQUIRY THU, OCT 27, 2005, 1:27 PM FOR: 1041 page-: 1 Recv: 102205 0203 Time F/Address: 14131 RED HILL AV Type: P/TS TRAFFIC STOP Reference;.FITZS PUB 3eat: 3 Pol Dot: 303 Fir Dot: 303 Map. Guide: 83.005 Census: 51ty� Sow Recv: TS 10/22 Reporting Party's: QL ?riority: 4. CA 1106 Address: 10/22 )ispo: 03 SC TS Phone: 1106 30/1124 10/22 hh mm TS TS Circe Stamps: Received: 02:03 hhhh mm as hhhh mm as DC Dispatch: 02:03 :00:00 RC/AS: :00:00 10/22 Enroute: 02:03 :00:00 DI/AS: :00:00 1106 At Scene: 02:03 :00:00 DI/CC: 2:37:27 TS Close: 04:41 2:37:27 10/22 !omments: 1300/ CASE NUMBER CR -05-00008011 (TU). 1300/ CASE NUMBER' .a Alt -05-00003093 (TU) 1311/ CASE NUMBER s FI -05-00001558 (TU) 1203/ INCIDENT NUMBER: 5TUO050502 1203//� 1246/10' 15 p�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 VC23152A/B 326/1039 CFP 329/BLOOD TECH ETA 35-40 400/LIVESCAN SENT U) 441/CLOSED DISPO : ORIG REPORT TAKEN 441/HAUL 821/LIVESCAN RECEIVED istory: nit/Empl Date Time Cmd Type Location/.Comments User 10/22 02:03:56 FC TS FITZ'S 1106 30/1124 10/22 02:03:56 QL TS CA 1106 30/1124 10/22 02:03:56 SC TS FIT 1106 30/1124 10/22 02:03:56 TS TS FITZ'S 1106 50/731 10/22 02:04:03 DC TS FITZ'S 1106 10/22 02:04:21 MR TS AD:FITZ'S 1106 10/22 02:04:21 MR TS BT: 1106 10/22 02:04:21 MR TS CN: 1106 10/22 02:04:21 MR TS FD: 1106 10/22 02:04:21 MR TS MG: 1106 10/22 02:04:21 MR TS PD: 1106 10/22 02:04:21 MR TS R: 1106 0/1124 10/22 02:04:30 SC TS BEHIND FITZ'S 1106 0/731 10/22 02:04:36 SC TS BEHIND FITZ'S 1106 0/1124 10/22 02:05:51 QN TS STEPHENS ANDREW 19840321 CA M 1121 0/1124 10/22 02:05:51 SC TS BEHIND FITZ'S 1121 0/1124 10/22 02:06:07 QO TS �_ CA 1121 0/1124 10/22 02:06:07 SC TS BEHIND FITZ'S 1121 0/731 10/22 02:08:32 QO TS CA 1121 0/731 10/22 02:08:32 SC TS BEHIND FITZ'S 1121 CIN01009 350/731 3' 731 31 131 Si/710 330/1124 350/731 350/731 350/731 330/1124 330/1124 330/1124 S3/710 350/731 330/1124 330/1124 -BOR- INCIDENT INQUIRY THU, OCT.27, 2005, 1:27 PM FOR: 1041 Page: 2 10/22 02:08:59 QN TS CA M 10/22 02:08:59 SC TS BEHIND' FITZ'S 10/22 02:09:37 AC TS BEHIND FITZ'S 10/22 02:15:33 AS TS 14131 RED. HILL. AV 10/22 02:15:44 SC TS 14131 RED HILL AV 10/22.02:22:17 SC TS BEHIND FITZ'S 10/22 02:37:11 SC TS BEHIND FITZ'S 10/22 02:52:11 SC TS BEHIND FITZ'S 10/22 03:00:02 GC CRO500008011TU 10/22 03:06:03 GC AR0500003093-TU 10/22 03:02:42 QL TS CA 10/22 03:02:42 SC TS 14131 RED HILL Apt 10/22 03:05:30 SC TS TP•/ENR STA 1015 10/22 03:06:40 CC TS 14131 RED HILL AV 10/22 03:06:53 CC TS BEHIND FITZ'S 10/22 03:07:53 SC TS TP/STA-1015 10/22 03:11:12 GC FI0500001.55STU 10/22 04:41:15 DX 10/22 04:41:15 RX TS. 14131 RED HILL AV - 10/22 04:41:23 CC TS 14131 RED HILL AV .1121 1121 731 1106 1106 1106 1106 1106 1106 1106 1121 1121 1106 1106 1106 1106 1121 1106. 1106 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/4159PARTY/MUSIC DIS Reference: FITZ'S PUB ---------------------------------------------------- City: 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 203 5/CONT W/SEC IN FRONT 2036/C4, DOOR CLOSED 2037 /CLOSED DISPO ADVISED 203 7/WELDE History: Unit/Empl Date Time-_- Cmd Type Location/Comments------------- ----- - -- User 10/09 20:07:35 RC 4155 14131 RED HILL.AV 411/953 10/09 20:32:04 DC 4'15$ 14131 REDS HILL. AV 995 760/1081 10/09 20:32:04 DC 415E 14131 RED HILL AV 1106 1106 :aunt: 34 Page: 2 of 3 Printer: TUNET09 CIN01009 INCIDENT INQUIRY THU, OCT 27, 2005, 1:28 PM FOR: 1041 pages 1 Recv: 093005 0008 Address: -14131 RED HILL AV T- P/415FIG FIGHT DISTURBNC Reference; FITZ'S PUB City: TU B� 3 Pol Det: 303 Fir Dat: 303 Map Guide: 83005 Census: 51 How Recv: PP Reporting Party's: Priority: 2 Address: Di$po: 01 Phone: hh mm Time Stamps: Received: 00:08 hhhh mm ss hhhh mm ss Dispatch: 00:09 :01:41 RC/AS: :04:47 Enroute: DI/AS: :03:06 At Scene:, 00:13 DI/CC: 3:48:59 Close:03:58 3:45:53 Comments: 0113/ CASE NUMBER CR -05-00007388 (TU) 0144/ CASE NUMBER.- AR -05-00002879 (TU) 00081X -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. )009/#1 - M H 30 BLK SHIRT/BJ SHORTS - #2=M.H 201S BLK T & )009/BJ SHORTS - THEY ARE 390 )009/THEY ARE NOW NEAR THE EAST SIDE OF THE BLDG W/2 FEM'S )010/CP IS NEAR ENTRANCE WEARING WHI T/DK SLACKS )010/NO WPNS SEEN )0101NOW WALKING NB ON RH 10" UT W/3 SUBJ'3 RH/5 10:. .'GING IN FIELD LINE UP 1 04 0 / POSITIVE ID 041/10-15 04 8/2ND WIT/VIC W/POSITIVE ID 245/ARR/BK/OCJ PC245 358/CLOSED DISPO : ARRESTED 358/HOWARD/GARCIA istory: nit/Empl----- Date- Time Cmd Type-- Location/Comments--------------- User 09/30 00:08:18 RC 415FIG 14131 RED HILL AV 11 11 21 10/1071 09/30 00:09:59 DC 415FIG 14131 RED HILL AV 3/1029 09/30 00:09:59 DC 415FIG 14131 RED HILL•AV 904 5/712 09/30 00:11:18 DC 415FIG 14131 RED HILL AV 904 5/712 09/30 00:13:05 AC 415FIG 14131 RED HILL AV 904 1/1029 09/30 00:13:27 AC 415FIG 14131 RED HILL AV 904 ►/712 09/30 00:13:34 SC 415FIG RED HILL/5 904 /1029 09/30 00:13:40 SC 415FIG RED HILL/5 904 :0/1071 09/30 00:14:15 AC 415FIG•14131 RED HILL AV 904 ;/712 09/30 00:17:59 QN' 415FIG 904 CA M /712 09/30 00:17:59 SC 415FIG RED HILL 5 1121 /712 09/30 00:18:21 QN 415FIG 1121 CA M /712 09/30 00:18:21 SC 415FIG RED HILL/S 1121 /1 09/30 00:18:40 QN 415FIG 1121 CA M 09/30 00:18:40 SC 415FIG RED ILL/S 904 /712 09/30 00:27:37 SC 415FIG 14131 RED HILL AV 904 /1029 09/30 00:28:34 SC 415FIG RED HILL/5 904 0/1071 09/30 00:34:14 SC 415FIG 14131 RED HILL AV 904 904 CIN01009 360/1002 360/1002 SS/712 360/1002 360/1002 K3/1029 S5/712 360/1002 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 41SPIG 14131 RED HILL AV 09/30 01:12:49 SC.415FIG RED HILI,/S 09/30 01:12:57 SC 415FIG' RED HILL/5 09/30 01:13:03 GC' ' CROS00007388TU 09/30 01:16:30 AC 415FIG RED HILL/S 09/30 01:18:15 SC 41SFIG 10-19 10-15 09/30 01:18:52 SC 415FIG 10-19 09/30 01:27:04 SC 415FIG RED HILL/S 09/30 01:27:27 CC 415FIG 10-19 10-15 09/30 01:21:34 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 CCA15FIG 10-15 STA 09/30 03:58:58 CC 415FIG TP OW 904x, 90 90-, 904 904 904 904 JOB.' 904 904 904 904 1121 904 904 904' CIN010p9 Date Time INCIDENT INQUIRY THU, OCT 27, 2005, 1:28 PM Location/Comments ------------- FOR: 1041 page: 1 Rer"v: 092505 0257 ------ Address: 14131 RED HILL AV T P/653G LOITERING Reference: FITZ'S PUB City: TU Bt__: 3 Pol Dot: 303 -Fir Dot: 303 Map Guide: 83005 Census: 51 How Recv: PP Reporting Party's: Priority: 3 MR 653G Address: END= Dispo: 01 10/1096. 09/25 Phone: DC 653G hh mm 1121 Time Stamps:' Received: 02:57 hhhh mm ss hhhh mm ss 653G Dispatch: 03:05 :08:01 RC/AS: :10:56 09/25 Enroute: AC DI/AS: :02:55 14131 RED HILL.AV At Scene: 03:08 DI/CC: 2:07:13 03:08:07 Close: 05:12 2:04:18 Comments: U400/ CASE NUMBER - CR -05-00007252. (TU) 0400/ CASE NUMBER a AR-05-00002837(TU) 0257/X -ST a NISSON COMMON -NAME FITZ'S PUB 0257/ INCIDENT NUMBER: STUO045848 0257/6-8 SUBJS.HANGING OUT & POSS DRINKING IN P/L 07 BUSN 025 9/CP CALLED BACK, 415, REQ TO SEND AMBULANCE BECAUSE HE D259/WOULD BE GOING TO CONFRONT THE SUBJS DRINKING AND 3300/DEMANDED OFCRS RESPOND IMMEDIATELY, ADVSD SUBJ TO STAY )300/AT HIS RES UNTIL OFCRS RESPOND )301/2ND CP: )315/REQ YLW UNIT )37. 'REQ YEL UNIT ) 3 ; ,TA 10-20 FOR YEL CAB 135_, 1015 ® 0342 144 0/ARR/BK/OCJ I FOR 2 MISD OC ARREST 144 0/WARRANTS $10K EACH BOTH FOR HS11364 1512/CLOSED DISPO ARRESTED ,512/MITCHELL (story: nit/Empl Date Time Cmd Type Location/Comments ------------- ----- ------- --- ------ ------------------ User 09/25 02:57:11 RC 653G ------------ 14131 RED HILL AV __ 1121 09/25 02:58:27 MR 653G RP: 10/1096. 09/25 03:05:12 DC 653G 14131 RED HILL AV 1121 4/1019 09/25 03:05:12 DC 653G 14131 RED HILL AV 1106 1106 10/1096 09/25 03:08:07 AC 653G 14131 RED HILL.AV 1106 4/1019 09/25 03:08:07 AC 653G 14131 RED HILL AV 1106 4/1019 09/25 03:08:58 QL 653G � TX 2006 VIG19 09/25 03:08:58 SC 653G 14131 RED HILL AV 1106 111019 09/25 03 :09:52 QL 653G � CA 1106 1/1019 09/25 03:09:52 SC 653G 14131 RED HILL AV 1106 1/1019 09/25 03:19:08 SC 653G 14131 RED, HILL AV 1106 1.0/1096 09/25 03:24:37 QO 653G CA 1121 .0/1096 09/25 03 :24:37 SC 653G-. 14131 HILL AV 11.06 .0/1096 09/25 03:25:05 QN 653G ,RED 1106. CA M .0/1^96. 09/25 03:25:05 SC 653G 14131 RED HILL AV 1106 09/25 03:26:17 QN 653G 1106 CA M ;/ 09/25 03:26:17 SC 653G 14131 RED HILL AV 1121 /1019 09/25 03:27:25 QN 653G 1121 CA M /1019 09/25 03:27:25 SC 653G 14131 RED HILL AV 1121 0/1096 09/25 03:34:52 SC 653G 14131 RED HILL AV 1121 1121 CIN01009 720/1003 720/1003 K4/1019 710/1096 710/1096 K4/1019 710/1096 710/1096 -EOR- INCIDENT INQUIRY THU, OCT 27, 2005, 1:28 PM FOR: 1041 Page.: 2 09/25 03:52:46 DC 653G 14131 RED HILL AV 09/25 03:53:80 CC 653G 14131 RED HILL AV 09/25 03:53:03 SC 653G 14131 RED HILL AV 09/25 03:55:37 SC 653G 1019 X1M 09/2 5 03:57:42 SC 653G 10155 09/25 03:58:06 CC 653G 14131 RED. HILL AV 09/25 04:00:26 GC CR0500007252TU 09/25 04:00:28 GC AR0506002837TU 09/25 04:34:50 SC 653G ENR OCJ X2M 09/25 05:12:25 CC 653G ENR OCJ X2M CIN01009 INCIDENT INQUIRY THU, OCT 27, 2005, 1:29 PM FOR: 1041 page: 1 Rer—t 092005 2153 Address: 14131 RED HILL AV T11 P/390 ' DRUNK IN PUBLIC Reference: FITZ'S PUB. City: TU Beb.-. 3 Pol Dot: 303 Fir Det: 303 Map Guide: 83005 Census: 51 How Recv: E9 Reporting Party's':' Priority: 2 Address: Dispo: 01 Phone: hh mm Time Stamps: Received: 21:53 hhhh mm so hhhh mm se Dispatch: 21':54 :00:30 RC/AS: :03:22 Enroute: DI/AS: :02:52 At Scene: 21:57 DI/CC: 2:58:53 Close: 00:53 2:56:01 :omments: ).249/ CASE NUMBER.= CR -OS -.00007138 (TU) ?249/ CASE NUMBER s AR -05-00002788 (TU) ).153/X -ST = NISSON COMMON -NAME FITZ'S PUB 3153/B911-.RP:BUSN/FITZ'S PUB & LOUNGE / :153/ INCIDENT NUMBER:.5TU0045129 :153/MH '34 GOATEB,NO SHIRT,JN9 - SUBJ HBD & REMOVED FR ESTABLISHMENT H] ;153/CHALLENGING OTHER PATRONS TO FIGHT OUTSIDE ON THE PATIO - NFD ;158/SUBJ IN MIDDLE OF ROAD ON RH IFO FITZ'S ;200/OUT W/390SUBJ 203/C4 224/ROJAS 24' ''.015 3�, IZR/BKD/HBJ: PC 647F 05.,, .:LOSED DISPO ARRESTED 053/VILLARREAL/GARCIA istory: nit/Empl .Date Time Cmd Type Location/Comments 14131 09/20 21:52:10 E9 390 RED 09/20 21:53:52 RC 390 10/1125 09/20 21:54:22 DC 390 50/1002 09/20 21:54:22 DC 390 20/1022 '09/20 21:55:28 DC 390' 20/1022 09/20 21:55:30 SP 390 LO/1125 09/20 21:55:35 CC 390 iO/1002 09/20 21:57:14 AC 390 10/1022 09/20,21:57:56 AC 390 .0/1103 09/20 21:57:59 AS 390 i0/1002 09/20 22:00:30 QN 390 0/1002 09/20 22:00:30 SC 390 0/100.2 09/20 22:10:05 SC 390 0/1022 09/20 22:18:03 SC 390 ;0/1022 09/20 22:24:-01 QN 390 0/1022 09/20 22:24:01 SC 390 0/1022 09/20 22:28:19 QN 390 0/1n22 09/20 22:28:19 SQ 390 0.; ? 09/20 22:28:33 QO 390 0j___2 09/20 22:28:33 SC 390 0/1103 09/20 22:31:00 CC 390. 0/1022 09/20 22:37:49 SC 390 0/1002 09/20 22:43:26 SC 390 14131 RED HILL ---------- AV 14131 RED HILL AV . 14131 RBD 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 14131 RED HILL AV. RIB' M D HILL AV 14131 RED HILL AV' 14131 RED HILL AV CAM 14131 RED HILL AV CA M 14131 RED HILL AV CA 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV BA/S 1045 IS NOW User 995 995. 1106 1106 1106 1106 1106 1106 1106 1106 995 995 1106, 1106 995 995 995 995 995 995 1106 1106 1106 CIN010,0 9 INCIDENT INQUIRY THU, OCT 2 7,. 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 AR0500'002788TU 09/20 22:49:40 GC CRO500007138TU 420/1022 09/20 23:12:07 SC 390 ENR HB -PD 1015 420/1022 09/21 00:49:22 SC 310 ENR HB'PD 1015 09/21.00:52:51 RX 390 14131 RED.HILL AV 09/21 00:53:16 CC 390 14131 RED HILL AV -EOR- 110.6 9c 9-5 1106 1106 1106 1106 CIN01009 INCIDENT INQUIRY THU, OCT 27, 2005, 1:31 PM FOR: 1041 Page: 1 Re 081305 0141 F/Address: 14131 RED HILL AV T ,P/TS TRAFFIC STOP Reference; FITZS PUB City: TU Be,--: 3 Pol Dst: 303 Fir Dst: 303 Map Guide: 83005 Census 51 How Recv : TS Priority: 4 Dispo: 01 Reporting Party's: Address: Phone: hh mm Time Stamps: Received: 01:41 hhhh mm as hhhh mm as Dispatch: 01:41. :00:00 RC/AS: :00:00 Enroute: 01:41 :00:00 DIA.S: :00:00 At Scene: 01:41 :00:00 DI/CC: 3:32:41 Close: 05:13 3:32:41 Comments: 0245/ CASE NUMBER - CR -05-00006097 (TU) 0245/ CASE NUMBER.- AR -05-00002384 (TU) 0141/ INCIDENT NUMBER: STUO038208 0141// 0236/1015 0236/926 0253/926A ARCHIES TON' X32 0/GRN TOYT TUN P/U 22651H 3321/FCN 3950522501217 )513/ARR/BK/OCJ VC23152A/B �Jl )513/CLOSED DISPO ARRESTED ) 51 - ' HAUG Iie�vey: . lnit/Empl Date Time Cmd Type Location/Comments -------------------------------- User 08/13 01:41:03 FC TS FITZS P/L ------ 1121 3/710 08/13 01:41:03 QL TS CA 1121 3/710 08/13 01:41:03 SC.TS FITZS P/L / 1121 3/710 08/13 01:41:03 TS TS FITZS P/L /� 1121 30/1124 08/13 01:43:11 AS TS FITZS P/L 1121 3/710 08/13 01:45:46 ON TSCA M 904 3/710 08/13 01:45:46 SC TS FITZS P/L 904 50/731 08/13 01:52:03 DC TS FITZS P/L 1121 08/13 01:52:59 MR TS AD:FITZS P/L 1121 08/13 01:52:59 MR TS BT: 1121 08/13 01:52:59 MR T$ 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 50/731 08/1301:57:44 AC TS 14131 RED HILL AV 731 LO/1125 08/13 02:08:54 DC TS 14131 RED HILL AV 1121 LO/1125 08/13 02:08:59 SC TS PU PAZ 1121 iO/731 08/13 02:09:02 SC TS 14131 RED HILL AV 1121 .0/1125 08/13 02:11:12 SC TS STA 1121 .0 5 08/13 02:14:42 SC TS 14131 RED HILL AV 1121 I/.1_. 08/13 02:14:46 SC TS 14131 RED HILL AV 1121 .0/1125 08/13 02:17:53 AC TS 14131 RED HILL AV 904 904 .0/1125 08/13 02:36:54 CC TS 14131 RED HILL AV 0/1124 08/13 02:42:06 SC TS 1019 xim 1015 1121 CIN01009 350/731 3.50/731 350/731 S3/710 350/731 350/731 330/1124 310/1125 310/1125 340/1071 310/1125 340/1071 340/1071 340/1071 330/1124 330/1124 340/1071 340/1071 - BOR - INCIDENT INQUIRY THU, OCT 27, 2005, 1:31 PM FOR: 1041 . Page: 2 08/13 02:45:50 GC CRO500066097TU 08/13 02:45:55 GC AR0500002384TU 1121 08/13 02:54,:05 QL TS CA 11; .08/13 02:54:05 SC TS 141 E HILL AV 904 08/13 03:04:06 SC TS 14131 RED HILL AV 904 08/13 03:04:46 CC- TS 14131 RED. HILL AV' 1121 08/13 03:.10:05 QR TS ER 731 1121 08/13 03:21:56 CC TS 14131 RED HILL AV 082 038208 08/13 04:01:28 SC TS 1O15S X1 1121 08/13 04:21:38 DC TS 14131 RED HILL AV 1121 08/13 04:21:42 SC TS 10-19 904 904 08/13.04:22:23 DC TS 14131 RED HILL AV 904 08/13 04_:22:25 CC TS 10-19 904 . 08/13 04:22:29 SC TS 10-19 904 08/13 04:30:33 AC TS 10-19 904 08/13. 04:34:03 SC TS ENR OCJ X1 904 08/13 04:34:09.SC TS STA 1121 08/13 04 :35:31. CC TS STA 1121 08/13 04:41:41 'SC TS OCJ 1121 08/13 05:11:36 DX 1121 08/13 05:11:36 RX TS 14131 RED HILL AV 1121. 08/13 05:13:44 CC TS 14131 RED HILL AV 1121 1121 CIN01009 INCIDENT INQUIRY THU, OCT 27, 2005, 1:31 PM FOR: 1041 page: 1 Recv: 071405 1927 Address: 14131 RED HILL AV T P/505A RECKLESS DRIVIN Reference: FITZS PUB City: TU B&, 3 Pol Dst: 303 Fir Dot: 303 Map Guide: 83005 Census: 51 How Recv: PP Priority: 2 Dispo: 05 Time Stamps: Received: Dispatch: Enroute: At Scene: Close: Reporting Partyls: Address: Phone: hh mm 19:27 19:28 19:38 20:07 hhhh mm ss hhhh mm es :00:52 RC/AS: :10:49 DI/AS: :09:57 • DI/CC: :39:54 :29:57 Comments: 2007/ CASE NUMBER LI -05-00011368 (TU) 1927/X -ST = NISSON COMMON -NAME FITZS PUH 1927/ INCIDENT NUMBER: STUO032843 192 7/WHI GEO PRISM RACING AROUND & SCREACHING TIRES IN P/L 192 7/CP THINKS HE MAY POSE BE 390 & FROM FITZ"S L928/PLATS SIMILAR To .)007/CLOSED DISPO : ADVISED 2007/TAYLOR-PAWC'D RP iistory: snit/Empl Date Time Cmd Type 07/14 19:27:12 RC 415S '07/14 19:27:53 MR 4155 07/14 19:27:53 MR 4155 30/1062 07/14 19:28:04 DC 505A 50/1075 07/14 19:28:04 DC 505A. 30/1062 07/14 191.38:01 AC 505A 50/1075 07/14 19:38:01 AC 505A 30/1062 07/14 19:58413 SC 505A 50/1075 07/14 19:58:14 SC 505A 30/1062 .07/14 20:07:58 CC 505A 50/1075 07/14 20:07:58 CC 505A 07/14 20:07:58 GC ,OR- Location/Comments 14131 RED•HILL AV TY:415S TY:SUBJ DISTURBANC 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 14131 RED HILI AV LI050001136STU - CELL User 1121 .1087 1087 1087 1087 1087 1087 1087 1087 1087 1087 1087 CIN01009 _ 06/19 00:54:59 INCIDENT INQUIRY THU, OCT 27, 2005, 1:34 PM PH: 06/19 00:55:49 MR FOR: 1041 page: 1 Recv: 061905 0054 00:55:49 Address: 14131 RED HILL AV Type: P/925C SUSP OCC VEH Reference: FITZ'S PUB T Beat: 3 Pol Det: 303 Fir Det: 303 Map Guide: 83005 Census.. 51. How Recv: PP HILL Reporting Party's: 925C Priority: 2 06/19 00:56:16 Address: CELL 925C Dispo: 06 06/19 00:57:27 Phone: 925C 60/1089 06/19 hh mm AS 925C Time Stamps: Received: 00:54 hhhh mm ss hhhh mm ss 90/1071 Dispatch: 00:56 :01:17 RC/AS: :03:41 60/1089 Enroute: 01:02:55 DI/AS: :02:24 90/1071 At Scene:'- 00:58 DI/CC: :06:39 21/1110. Close: 01:02 :04:15 925C Comments: 0102/ CASE NUMBER 0. LI -05-00009703 (TU) 0054/X -ST - NISSON COMMON -NAME = FITZ'S PUB 0054/ INCIDENT NUMBER: STU0028SSS 0054/6 OR 7 MALE ASIANS WERE CHASING PATRONS AROUND THE PL - LEAVING IN'A 0054/BLK.LEXUS CA/UNX - DOT SB REDHILL -'NOW TURNING INTO -A COMPLEX ON RH 0055/T0 CONTINUE CHASING MORE PEOPLE.-- PALMWOOD LUXURY APTS q05 5/SUBJS HAD THEIR SHIRTS OFF AND WERE WANTING TO FIGHT 0055/THE OTHER PATRONS 0100/SO ALY OF PINEWOODS IS CLEAR b100/C4 OUT W/PATRON 0102/CLOSED DISPO UTL/GOA 0102/CARSON iistory: • Jnit/Empl Date. Time Cmd Type Location/Comments -------------- ---------- --- ---- ---- User 14131 06/19 00:54:59 RC z 925C PH: 06/19 00:55:49 MR 925C RA' 06/19 00:55:49 MR 925C RP. . 06119 00:55:49 MR 925C 121/1110 06/19.00:56:16 HILL DC 925C '30/1112 06/19 00:56:16 DC 925C 90/1071 06/19 00:57:27 DC 925C 60/1089 06/19 00:58:01 AS 925C '30/1112 06/19 00:58:40 AC -925C 1121 90/1071 06/19 01:00:28 AC 925C 60/1089 06/19 01:02:55 CC 925C 90/1071 06/19 01:02:55 CC 925C 21/1110. _.06/19 01:02:55 CC 925C 30/1112 06/19 01:02:55 CC 925C LI0500009703TU 06/19 01:02:55 GC 1121 EOR - 14131 RED HILL AV 1099 PH: 1099 RA' 1099 RP. . 1099. 14131 RED HILL AV 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 LI0500009703TU 1121 CIN01099 INCIDENT INQUIRY THU, OCT. 27, 200 5, 1:36 PM FOR: 1041, page: 1 Recv: 052605 0219 Address: 14131 RED HILL AV TS P/480 ACCIDENT H/R IN Reference; FITZ'S PUB City: TU Be, 3 Pol Dst: 303 Fir Dst: 303 Map Guide: 83005 Census: 51 How Recv: PP Priority: 1 Dispo: 03 Time Stamps: Received: Dispatch: Enroute: At Scene: Close: Reporting Party's: -Address: ._._ Phone: hh. mm 02:19 hhhh mm ss hhhh mm.ss 02:21 :02:07 RC/AS: :05:17 02:22 :00':17 DI/AS: :03:10 02:24 :02:53 DI/CC: :43:06 03:04 :39:56 �omments: )242/ CASE NUMBER = CR -05-00004068 (TUY )219/X -ST - NISSON COMMON -NAME FITZ'S PUB )219/ INCIDENT NUMBER: 5TUO024547 ) 2 3. 9 / VEH HIT PARKED CAR & PED )219/ SB RH TO •WAL . ,�W 1222/OC FIRE ENR 1223/31 YR.OLD MALE HIT BY CAR 1224/CP' S ARE ALL 390 ,22 7/SUSP VEH - SMALL GOLD 2DR - M ASIAN DRIVER 230/VEH - FRONT END DMG 23 0/UNK PLT 23 !; /UTL SB' RH/WB EDI TO 55 3( TWA 3G -LOSED DISPO ORIG REPORT TAKEN is tory : nit/Empl Date Time Cmd Type Location/Comments ------ 14131. RED HILL AV 14131 RED HILL AV 14131 RED HILL AV RA:. RP: PH: . 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV AREA CK 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV AREA CK 14131 RED HILL AV AREA CK FITZ'S CROS00004068TU FITZ'S AREA CK 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 1 CELL User 909 909 655 909 909 909 655 909 909 909 909 909 909 909 909 909 909 1087 1087 1087 1087 1087 1087 .087 05/26 02:19:42 RC 480 30/655 05/26 02:21:49 DC 480 30/65$ 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 10/655 05/26 02:24:59 AC 480 ;0/963 05/26 02:25:38 AS 480. ►0/1075 05/26 02:28:48 AS 480 0/1062 05/26 02:30:48 DC 4.80 0/1062 05/26 02:30:52 SC 480 0/1069 05/26 02:30:59 DC 4.80 0/1069 05/26 02:31:01 SC 480 0/655 05/26 02:31:04 SC 480 0/1062 05/26 02:33:38 AC 480 0/1069 05/26 02:33:38 AC 480 0/1069 05/26 02:33:42 SC 480 0/1062 05/26 02:39:38 SC 480 05/26 02:42:47 GC 0.,/ 1 05/26 02:46:06 CC 480 01 9 05/26 02:48:31 CC 480 0/963 05/26 02:50:45 CC 480 0/655 05/26 03:04:47 CC 480 0/1075 05/26 03:04:55 CC 480 Location/Comments ------ 14131. RED HILL AV 14131 RED HILL AV 14131 RED HILL AV RA:. RP: PH: . 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV AREA CK 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV AREA CK 14131 RED HILL AV AREA CK FITZ'S CROS00004068TU FITZ'S AREA CK 14131 RED HILL AV 14131 RED HILL AV 14131 RED HILL AV 1 CELL User 909 909 655 909 909 909 655 909 909 909 909 909 909 909 909 909 909 1087 1087 1087 1087 1087 1087 .087 "IN0100 INCIDENT INQUIRY THU, OCT 27, 2005, 1:36 PM FOR: 1041 Page: 2 -EOR- CIN01099 INCIDENT INQUIRY THU, OCT 27, 2005, 1:36 PM . FOR: 1041 1 page: 1 Rer--•: 052505 0210 Address: 14131 RED HILL AV T,, P/PC PATROL CHECK Reference; FITZ'S PUB City: TU Bec.-: 3 Pol Dot: 303 Fir Dot: 303 Map Guide: 83005 Census: 51 How Recv: E9 Reporting Partyls: 05/25 Priority: 3 -Address: PC Dispo: 01 Phone: 02:18:03 AC hh mm 0/1083 Time Stamps: Received: 02:10 hhhh mm ss hhhh mm ss PC Dispatch: 02:14 :04:04 RC/AS: :07:.10 02:19:40 Enroute:. DI/AS: :03:06* 0/1083 At Scene: 02:18 DI/CC: 4:19:49 AC Close: 06:34 4:16:43 :omments: )310/,CASE NUMBER CR -05-00004038 (TU) )418/ CASE NUMBER AR -05-00001505 (TU) 1418/ CASE NUMBER AR -05-00001506. (TU) )21 0/X -ST = NISSON COMMON -NAME.- FITZ'S PUB )210/9911 - RP:BUSN/FITZ'S PUB & LOUNGE / )210/ INCIDENT NUMBER: STUO024335 ),210/GROUP LOITERING IN PARKING LOT, CP.THINKS THERE MIGHT BE A FIGHT )2.18/SB THRU ALLEY C3 FOLLOW 1218/MITCH EO RH . 1218/ALLEY ON S/SIDE ,219/WHI LINC NAV, NO PLTS 22"1 AT GUNPOINT, 1 IN CAR, 1 OUT OF CAR 2.; RD SUBJ RAN THRU ALLEY TOWARD MITCHELL 22::, AH 6.' 'UNK CLOTHING 221/CLERK AT ARCO ADVISES BEER RUN' 221/LAST SEEN RUNNING.WB MITCHELL TO -FRONTIER PARK 222/SUSP - LT COLORED CLOTHING 224/1015 226/10-3 233/2ND 1015 233/UTL 3RD SUBJ IN.FRONTIER PARK 240/C4. 310/•926A ARCHIES 330/22651H, WHI 05 LINC NAV 4D, NO PLTS, 28 SHOWS _ 358/FCN 3950514501002 516/REQ YEL CAB TO TPD il7/ARR/8495: 517/1039 YEL CAB,ETA 15-20 501/ARR/BOOK/OCJ: , 211 PC 515/MITCHELL X34/CLOSED DISPO : ARRESTED .Story: Lit/Empl Date Time Cmd Type Location/Comments User 14131. 05/25 02:10:09 E9 PC 14131 05/25 02:10:53 RC PC 0, 5 05/25 02:14:57 DC PC G/ --J6 05/25 02:18:03 AC PC 0/1083 05/25 02:18:22 DC PC /677 05/25 02:19:40 DC PC 0/1083 05/25 02:20:17 AC PC Location/Comments User 14131. RED HILL AV 909 14131 RED HILL AV 909 14131 RED HILL AV 909 14131 RED HILL AV 909 14131 RED HILL AV 909 14131 RED HILL AV 909 14131 RED HILL AV 909 CIN010-39 " INCIDENT INQUIRY THU, OCT 271 2005, 1:36 PM FOR: 1041 Page: 2 410/1047 05/25 02:20:46 DC. PC 14131 RED HILL AV 909 S4/677 05/25 02:20:54 AC PC 14131 RED HILL AV 90f 410/1047 05/25 02:21:41 SC PC FRONTIER PARK 909 570/625 05/25 02:21:45 AS PC 14131 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 909 460/988 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 02:33:19 SC PC 14131 RED HILL AV 909 410/1047 05/25 02:36:23 OR PC ER 1047 02 570/625 05/25 02:38:12 CC PC FRONTIER PARK .024335 9044 460/988 05/25.02:40:13 AS PC 14131 RBD HILL AV 909 410/1047 05/.25 02.:42:11 CC PC STATER HROS 90 9 420/1083 . 05/25 02:51:03 ON PC. CA M 109 87 420/1083 05/25 02:51:03 SC PC 14131 RED HILL AV, 1087 42,0/1083 05/25 02:51:40 SC -PC 14131 RED HILL AV, 1087 420/1083 05/25 02:51:41.QO PC CA 1087 34/677 05/25 02:51:43 SC PC AREA CK 909 420/1083 05/25 02:52:39 ON PC CA M 1087 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 909 34/677 05/25 02:59:56 CC*PC AREA.CK 909 120/1083 05/25 03:02:10 SC PC 14131 RED HILL AV 909 130/1096 05/25.03:04:50* QV PC CA 909 130/1096 05/25 03:04:50 SC PG 1413'1 RBD HILL AV 909 620/1083 05/25 03:09:18 SC PC MITCH/RH • 909 05/25 03:10:58 GC - CROS0000403STU 909 630/1096 05/25 03:11:09 SC PC 14131 RED HILL AV 909 X30/1096 05/25 03:11:19 SC PC MITCH/RH 909 :20/1083 05/25 03:18:36 SC PC TP/1019 1015 909 :20/1083 05/25 03:22:26 SC PC 1015 STA X2 909 :30/1096 05/25. 0.3:33:29 SC PC ARCO F/UP 909. ;30/1096 05/25 03:53:42 OR PC ER.. 1096 024336 30/1096 05/25 03:54:31 SC PC 1019 909 20/1083 . 05/25 03:57:36 QO PC CA 909 20/1083. 05/25 03:57:36 SC PC 1015 STA X2 909 20/1083 05/25 03:5.8:32 ON PC CA M 909 20/1083 05/25 03:58:32 SC PC 1015 STA'X2 909 20/1083 05/25 04:08:50 SC PC 1015 STA X2 909 20/1083 05/25 04:09:19 ON PC CA M 909 20/1083 05/25 04:09:19 SC PC 1015 STA X2 909 20/1083 05/25 04:11:20 ON PC CA M 909 20/1083 05/2'5 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 ON 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 1087 10/1047 05/25 05:25:58 AS PC 14131 RED HILL AV 909 10/1047 05/25 05:26:01 SC PC STA 909 420/1013 05/25 05:27:48 CC PC 1015 STA X2 CINOI009 INCIDENT INQUIRY THU, OCT 27, 909 2005, 1:36 PM FOR: 1041 Page: 3 4 ;_047 05/25 05:49:13 SC PC ENR. OCJ ST 0.0 41,/1047 05/25 05:51:51 QR PC ER 1047 909 410/1047 05/2.5 05:59:36 SC PC AT OCJ END 3.9 024355 430/1096 05/25 06:07:53 SC PC STA 909 430/1096 05/25 06:15:17 CC PC STA 1087 410/104.7 05/25 06:26:11 QR PC ER 1047 909 410/1047 05/25 06:34:46 CC PC AT OCJ END 3.9 024355 -BOR- 1044 [Exhibit DevelCommunity opment Department �• v V February, , `2,006 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 re§ult of the investigations, we observed a number of. violations of conditions of approval as follows: 1. Condition 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 or, 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 2of3 4. Condition 2.9: Authorization for the on-site sales of beer, wine, and distilled spirits (ABC License Type "470) 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 2.14: 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. Comments 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. Condition 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. Condition 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. Comments 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. Conditions 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 3of3 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 application 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 2006, staff will commence proceedings to revoke the Conditional Use Permit. a t ek 5, ?-a°4 If you have any questions, please do not hesitate to contact me at 714-573-3031 or Justine Willkorn, Senior Planner at 714-573-3115. Sincerely, �7 Scott Jordan Police Chief Attachments: Resolution No. 99-29 Live Entertainment Permit Elizabeth A. Binsack Community Development Director cc: Justina Willkom, Senior Planner Scott Reekstin, Senior Planner/Business License Brad Steen, Code Enforcement Officer Department of Alcoholic Beverage Control 4 9 10 it 12 13 14 21 22 23 24 ss 26 27 2: 29 RESOLUTION NO. 99 29 A ' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 98-029 AUTHORIZING ON-SITE SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS JLICENSE TYPE 47) AND LIVE ENTERTAINMENT - IN 'CONJUNCTION. WITH A NEW RESTAURANT LOCATED AT 14131 RED'HILL AVENUE The City Council finds and determines as follows: A. That a- proper 'application for Conditional Use Permit 98-029, was filed by Lary Smith, requesting authorization to obtain a license for the on-site sale and consumption of beer, wine and distilled spirits (ABC License Type 047") and live entertainment -in conjunction with a now existing' restaurant located at '14131 Red HID Avenue, Tustin. B. - That a public hearing was duly called, noticed and held on said application on February' 8, - Pebruery 22,, and -March. 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 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 cl=mstanc ft of this case, be detrimental to the health,. .safety; morals," comfort, or general welfare of the E!e rsons residing or working in the neighborhood of such Prropposed use nor a detriment to the property and Improvements.in'the neighborhood of the subject property, nor to the general welfare of -the City of Tustin as evidenced . by the following findings: 1. The.. proposed project . as -conditioned, complies with adopted guidelines for alcoholic beverage sales establishments which have Men. established and ` considered to mitigate ' potential Impacts associated wihthe sale of alcohol in conjunction with restaurants. 2. As conditioned, the sale of alcoholic beverages would be limited 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 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 will be prepared on the premises. 5. Granting of a temporary use permit to allow up to five coin operated games, two pool/billiard 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 1s 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 4 s 6 7 e 9 10 11 12 13 14 is 16 17 it 19 20 21 u 23 tesolution No. 99-29 :onditional Use Permit 98-029 1priI 19,1999 'age 2 permit does not guarantee that "bar seating',, coin operated video games and poollbilliard 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. & 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 (9-1) zoning district. Therefore, no sexually oriented businesses will be- conducted on the premises. 7. All ersons serving beer, wine and distilled spirits will be eighteen . �18years of age or older and supervised by someone twenty-one 21 f 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 .end approved by the Community Development Department if any increase in. the 150 seats is proposed. F. That this project is Categoricallyy Exurmuant to Section 15301 (Class f1). the Clifornia Environmental Quality Act, pursuant G. That the project has been. reviewed for•.consistency with the Air Quality Sub - element of the 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 entertainment In conjunction with a new restaurant located at 141.31 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 le day of April, 1999. 24 2s 26 27 2s PAMELA 29 City Clerk THOMAS R. S ARELLI Mayor EXHIBIT A - RESOLUTION NO. 9949 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 ift accordance. 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 Llcense Type "4T Is obtained from ABC and the sale and consumption of beer and wine commences within twelve (12) months of the date of this exhibiL 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 Conditional Use Permit 98-029 authorizes ABC License Type 047". The sale of alcoholic beverages for off-site consumption is prohibited, except partial 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 all claims and liabilides•arising_out of a challenge of the Cky's approval of this project (1). 1.6 Unless otherwise specified,.the conditions contained in this Exhibit shall be compiled with prior to the issuance of any building permits' for the project, subjectto. 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 (CEQA MITIGATION ( UNIFORM BUILDING CODEIS (4 DESIGN REVIENi (5), RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit 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. 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 associated with any necessary • code enforcement action. (1 1.1.1 The applicant shall post security in the amount 'of $2;500 for a period of nine months in the form acceptable to the City Attorney securing the removal of the bar. stools..coin operated video games, and the pooVbilliard tables.temporarily approved, herein for a pedod.of no more than six months. The .amount -of said security is the estimated legal and administrative costs associated with the enforcement of the- temporary approval.. Including the estimated .cost$ of removirig. the' temporarily approved bar stools, coin operated video games; and pooVbilliard 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 ge 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) -'2.11 No ' off-site sale or consumption of -alcohol is : essand Professpio partially ( consumed bottles of wine as authorized in Business Section 23316:5. 5 2.2. No outdoor . seating shall be permitted unless a visioe Conditional Use ns tof the Tustin City () Permit is approved pursuant to the current pro Code. (2� 2.3 Hours of `sales of ' alcoholic beverages shall limited be during all bus Hess food is available. Service of food menu items shall hours. (2) 2,4 Operating hours shall be consistent� other businesses i n the commercial center. The sg�resbe1100 pm. 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 Conditional 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 Yn 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 shallbe located entirely within the :interior of .the restaurant during normal business, hours. No sexually oriented business shall be vonducted on the premises. (2) 2.9 Authorization for the ..on-site . sales ' of beer, wine and distilled spirits (ABC License .Type "471) 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 permit shall be granted fc* a period of six months, or unto 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. 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.00ln operated video games and two pool/bUllard *tablet fafib referred. to: -as amenities and improvements) on the premises: if the Guidellnes are amended' do 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 (10) , days of. . Planning Commission's determination at the owner's sole expense. (5) 2.41 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. (5) 2.12 Any bar located within the facliity 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. Exhibit A Resolution No. 99-29 . - Conditional Use Permit 98-029 April 19, 1999 Page 4 (1) 2.16 All fitter shall be removed from the exterior ' area around the premises including adjacent .public sidewalk areas and parking areas no less frequently than oncQ 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 PLANt FLOOR PLANS & ELEVATIONS (4) 3.1 Exterior elevabons.of.the building shall-lndicat6 any existing or proposed 'fixtures 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, 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 an locking devices.' The City's Security Ordinance requires that lighting at. exterior doors, driveways, and parking areas sha11 provide a minimum of one (1) foot of iilumtnation. * 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. Pians for a trash enclosure shall . be submitted to the Community. Development Department for review and approval. The plans shall include information regarding the proposed self -dosing and self -latching gate, size dimensions, setbacks, colors and. materials. The trash enclosure shall be at* least six (6) feet'in height and comply with 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. A new sign shall comply with the City of Tustin Sign Code. Pians 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 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 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, Title 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 priorto'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 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 fine 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 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 commerci&type cooking equipment shall 'be submitted to the Fre Chief for review and approval. FEES (1 j . 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 cashiers check payable 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 Con1munity Developmerit Department thee above -noted .check, the statute of. limitations for any. interested p rty challenge the environmental determination under the proons of the Califomie Environmental. Quality Act could be significantly en. ned. 9:=*9o/W29LL-dM . RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION NO. 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: Saltarelli, Worley, Doyle, Thomas COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED None COUNCILMEMBER ABSENT: Potts.. 126 n-'PO4 Pamela Stoker,' City Clerk ♦'rY - tis Community Development Department City of Tustin ENTERTAINMENT PERMIT 300 Centennial Way Tustin, CA 92780 (714) 573-3100 BOURBON STREET RESTAURANT —14131 REDHILL AVENUE Proposed Entertainment: In conjunction with a full service restaurant, live musical entertainment and public dancing is proposed witbin 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 be responsible for costs associated with any necessary code enforcement actions. F. wive entertainment and- oubiic dancing snali be located entirely within the interior of the restaurant during normal business hours. G sexually or er,ted i ese oh ! be ^�►'1'���ted r.n the tpre Ilse _..N.n .,.i......... b�s'tr'...... �3I. ., ....� ...,�., .... , :, r...�. ,,,.. .Sa,,.. at 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 Lary Smith the owner of record of the Bourbon Street Restaurant and shall be non -transferable. A new 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 ✓ -��' Elizabeth A. Binsack Director of Community Development LL:eabAxxxbonstw"ffNLdoc lh, La mith,-Avw�e�. Bourbon Street Restaurant xhibit O'�)i-7P-- �F ITZ 8 PUB & LOUNGE# 14131 Red h1l Avenue Tuath CA 92780 OPEN 7 DAYS 4PM-11AM SUNDAY -THURSDAY March 3, 2006. 4rM 12AM FWAY & SATURDAY RECEIVED (714)665-2709 MAR 0 3 2006 Scott Jordan Police Chief 300 Centennial Way Tustin, CA 92780 Elizabeth A. Binsack Community Development Director 300 Centennial Way Tustin, CA 92780 Re: Conditional Use Permit 98-029 Dear City Officals: COMMUNITY DEVELOPMENT I want to dumk 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 officials and have always attempted 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 apparently occurring at or near my establishment. I'm convinced abetter dialogue would go a long way to creating a better understanding between Fitz's Pub and the City. Understanding leads to compliance which in tum 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 was 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. STEP 1:.. a 1`' a �'pM�T��P1 pYEE CHA_ NGES February 20, 2006 I terminated over 50% of my existing staff and hired new managers with with On F ry ce than the previous management. I too unhappy significantly more restaurant experience the type of clientele prior management seemed to be catering to. I stablibelieve management and shment. I understand that employees have a dramatic impact I m not just trying to pastions of any es the buck. In fact you will note that at ultimately I am accountable I informed you I was our meeting, prior to me having any knowledget Iii M Ted uR concernssell and Ms. Heather about to make many personnel changes. Three days are m on site managers' Additional information about them can be provided should enco �B� Bausch y will have the most dramatic impact on operations. so desire. This one change alone you to introduce yourself to them and see for yourself- stEP 2: T PEOGI Please find attached a copy of the live entertainment permit issued by the City of Tustin to me on I amm rrequired to Provide a "hst and appropriate that this permit is valid until abandoned or revoked. I note that July Itis my riate information of the proposed entertainment" e to the Chief of Police. Please provide me with either a fax or email of the Chief o entertaihis si i attee so on - as to facilitate compliance with this conditiI trust that all estaNishments 'ts are required to do the same as I believe it may be unfair to selectively add this burden to Perna my establishment alone. p 3; tent TRS OF OPEBATZ4�I (bo& Kitchen & Facility) STE hours are 4pm to l 1pm Sunday through Thursday and 4pm to 12am on Friday and riS��- Our Please find attached a photograp h of the hours posted at the front of the building open the same hours so that food is available at all times. Please find attached a spy of our menu. It should be noted that at times in the past I have had cooks either notshow up t�allym show up late or leave early without pew• I have alto. on occasion, had eq ipmeu malfunctions that prevented me from serving food. Should either of these events occur again we will close facility until we are able to prepare food. STEP 4: RESTAURANT USE: that the facility is nd operated as a restaurant. I will agree however that I am not certain I conte what that means and I have no intent to parse words. We have �n ted of �� particular condiments. It appears that the City's requesting that tables �' rtant to comply with the intent of the condition. Aga. difficult to identify a particular table setting, its more impo fashion. While seems in keeping with the spirit of yyour request I offer the Again, following: -Each table will have a container which will contain: multiple utensils, menus, assorted T condiments and napkins. -Servers will be instructed to ask each patron what they would like to eat, as opposed to 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 same height s bar stool seat four(4). Thew tables are higher than normal tab ting and is 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 for approximately 76 patrons. I will provide photos of the table arrangements for all 3 levels on or before Friday March 10, 2006. Upon your receipt, please advise me if you believe I am in compliance with the restaurant use condition. We can and certainly will Provide only four (4) bar stools on the main levd and twelve_ (12) downstairs. It is my belief however that the stools 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 allow tables on the patio. The appearance of the eablishment would be more "food friendly" and restaurant oriented if three or four tables, appropriately *see, were outside. This would also discourage the "smoking Patio" feel that appears to promote'littering and loitering (Please find attached photos of signs prohibiting loitenng). 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 di �t Fices. Tlierelyincreas food sales. To further enhance the restaurant image, employees Peri tted to in the front of Fites 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 minimize it. Again outside table service will gready reduce smo in and around our entrance. sM 5: RJCUME 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 Saks. 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 u time. M such as documents- �suusmsuspect most two weeks I was given to obtain them is just not enough y accountant, accountants are at this time, is extremely busy during this tax season. I would respectfully request an additional sixty(60) days to get these docarmerrta. This is not an idle request as I have shown significant progress in the two weeks I was given. I think 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. CONCLUSI It is genuinely my desire to render dais establishment an asset to both myself and the City. It is my understanding that the location has been problematic ever since Chuck's Hawaiian Steals 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 a: I have owned the establishment. First the State with 0 Redhill -improvements and now the County Sanitation District with sewer improvements has made it very difficult to conduct -a restaurant business. with Finally, I wish to reiterate my intent is to work' with the City and all conditions. I am ask t the City be patient, not here to quibble and draw fine limos of compliance. I would only allow time to " turn things aroma' and give Fit:es Pub the opportunity to shop 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 2609 Santa Ana, CA 92705 and telephone (714)558-9500. Correspondence or telephone calls directed to the establishment itself either does not reach me or is significandy delayed. Very truly yours, Gregory tild Fitz's Pub & Lounge, Inc. cc: Justin Willkom, Senior Phmr" Scott Reekstia, Senior Planner/ Business license Brad Steen, Code Enforcement Officer Department of Alcohol Beverage Control 'Alt LLM kit [Exhibit # riTrs PUB 8 LOUNGE 14131 Red hill Avenue Tustin, CA 92780 OPEN 7 DAY5 4PM-11PM 5UNDAY-THUR50AY 4PM 12AM FRIDAY & 5ATURDAY March 17, 2006 (714)665-2709 Elizabeth A. Binsack Community Development Director 300 Centennial Way Tustin, CA 92 780 Re: Conditional Use Permit 98-029 Dear Ms. Binsack: Please find enclosed photos I referencedin my corrective action plan dated March 3, 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, enclosure """►'`sem=1,��_�J Y+4 1 5 1' mid r� i 3 `•i!"' Y.d ;'. � ' �.,F w .- - . w `l,�s "�+ � � t � , r ;� � _ _ .p1 - - x:. - �� --.. S y ,. i� 4 � .. �.. �J c.. j,ui� _ r:.�r i :. g3 w�' �-i f - . 4 t � �A � �` �' .� _ =�� _ Y � 'r ' - �: n2? � r Y ,� ,�, iYi �� ii — s �_.� ,,, � � _ �, • �. / ,, j, � � � _- _ , � _ i �'.'I- 1 -_ =.:, .� i „�� a r� � � , s,r .t c ;xt ; X13 - _ _--�i��j� a � * � S 5:, lli fix;` � '� -1 r � "",�� � ti .'i ; axy �� 9th ?r S -. - ;i t � �`p � E���e. tea: "•�.`r-.�6..'.; �� ;' � 3 o _ - � ,,�: t _ J r �^ ,. _� �-- - - _ Em0xhbi t Community Development Departmenl City of Tustin March 30, 2006 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92705 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 "E)VUE Dear Mr. Fitzgerald: 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 14131 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 a follow-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 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 alcohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. Flu's Proposed Corrective Action. Fees will provide quarterly sales reports to demonstrate an increase in food sales. F'�tz'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 Resolution 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. Fitr's Proposed Corrective Action: Fitz's kitchen will be open the same hours as the establishments. Food will be available at all times. S. 6. Fitz March 30, 2006 Page 2 of 4 City Response: Food shall be available during all business hours. monitor and visit the restaurant to ensure this condition is complied with. The City will 3. Condition 2.4 of Resolution No. 99-29: Operating hours shall be other businesses within the commercial center. The closing hours consistent with Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons trona hall be admitted after the closing hours and patrons shall vacate the premises within shall (30) minutes after closing time. within thirty Fitz's Proposed Corrective Action: Fitz's hours are 4rn to Thursday and 4 pm to 12 am on Friday and Saturdays. P 11 Pm Sunday through City Response: The City will observe the business hours to ensure coin this condition of approval. compliance with 4. Condition 2.9 and 2.14 of Resolution No. 99-29: Authorization for t of beer, wine, and distilled spirits (ABC License Type "4 he on-site sales use of the subject premises remaining a restaurant The entire -facility, which upon the all three (3) levels, shall operate exclusively.as a restaurant During business includes least 80 percent of the premises shall be designed and used for and must Possess at necessary utensils, table service, and condiment dispensers with which to serve meal to the public. Should this use change or be discontinued, authorization for s Permit is null and void. this use Fitz"s Proposed Corrective Action. Fitz's contends that -the facilityis as restaurant Each table will have a container which will contain multiple utenserved u, assorted condiments, and napkins. Servers will be instructed to as sils, menu' would like to eat, as opposed to what they like to drink, k Patrons what they Clty Response: The City will observe the proposed correcpve acttion an inspection to ensure compliance with conditions of CUP 98-029. and will conduct Condition 2.15 of Resolution No. 99-29: "No Loitering" si entrance of the business. 9ns shall be posted at the Fitz's Proposed Corrective Action: Signs prohibiting loitering had been installed. City Response: Action noted. Condition 2.18 of Resol#rtion No. 99-29; ) area around the premises including adjacentpublic side) � removed from the exterior no less frequently than once each day that the business is sidewalk and parking areas It was observed that cigarettes were thrown by patrons and employees on the ground into the parking lot and the parking lot appeared 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 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 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 twelve (12) bar seats in the lounge area, and four (4) bar seats within the main level dining room. Fitz'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 Establishme• Guidelines, a restaurant may only have a lounge or bar that is ancillary to the main 6, of a restaurant. Fitz's shall comply with the approved Conditional Use Permit and ensure immediate compliance therewith. . 8. Fitz's Propose/ 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. Fitz's Inquiry on Redevelopment Funds: Fitz'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 that the above corrective actions shall take effect immediately. To ensurb compliance with CUP 98-029, the City's Code Enforcement Officer and the Police Fitz March 30, 2006 Page 4 of 4 - Department will inspect the property frequently and unannounced. Further violations of C 98-029 would result in proceedings to revoke the Conditional Use Permit. UP If you have any questions, please do not hesitate to contact me at 714-573- Wiilkom, Senior Planner at 714-573-3115. 3031 or Justine Sincerely, Elizabeth A. Binsack Community Development Director Scott Jord Police Chi cc: Paul Garaven, Special Investigation Justine Wiilkom, Senior Planner Scott Reekstin, Senior Planner/Business License Brad Steen, Code Enforcement Officer Jim Draughon, Redevelopment Program Manager Department.of Alcoholic Beverage Control EExhibit 05/04/2006 11:13 05/03/2000 51:11 FAX From: Fiayd F'aram Do". &►312006 6:02.43 PM rum FW. CUP 94-029 6A1M ML allow pW*W me to otWI M: ThW k you. Floyd F*&M FARAhD & KIEVIET PAGE 03/07 Q002/004 Pagc 1 of 1 05/04/2006 11:13 FARAhD & KIEVIET PAGE 04/07 06/03/2009 21:11 FAX Ms. Mizabcth A. Bhnssck Community Development Dirwtar City of Tustin RE: CUP 98-029. Fitz R F- x- - mt,14131 Rod Hill Ave ms Dear Ms. Biasack: W Haeme is Floyd Farauo. I am Of C=wd with dw law ffim of Farago and KievieL We we located at 2300 B. Katclla Avo., va AnabeinL Our %lepboae au nbers are: voice &C$iM& . Our fom was hired by W. Fh2gcraM late in the aflewoon of April 25 to reprcaent him in the mattrr of the store of big compliance with. 6e s*oa CUP. I am coubaftS you by eawl because I am out of own x dwM not rotapm until Friday April 289 2006.. Mr. Fitzgeaald retained as bean hie really has very little lmowbdp of these matters and because of Mr wensive andvaried ea"riam in omb aafor matotm Munbers of the $nm have setvW on both city ad cormty PIN Comm ionsy rV%. abed cidw as oaM! ract counsoi an code adomecnaat casae and lntodr+ods ofcL%w in such mattes. We believe dw we are ablo to utRiu Ow cgxdenc a and Iwowledgc that we have learned from "both aides" of code fa+cen-M WNW' On 1Monday, May 1 Mr. Fifzgmngd is acpoctcd to comply with a ra pmw made of hire by yotw &VEtMWL I aronld very mush Ilio-. to meet with yan an that date to iliacus that Mpwst,1w. Mt Me aws 00000pliancx or lack tlsereof wft the aubjeot CUP and bis Um in the City Of Tustin. Mr. Fit Mauldbw famed copies of the controllnq doeto and I intend to pboWly iLct dw bcsWesa in gttustim imrnediid* upon mlzeft on dw 286 and will be able and prepared to discuss all of &a immes wNb you and/or any snemebw(s) Of Your staffat the time of our Va should you so agree. Q003/006 05/04/2006 11:13 FARAND & KIEVIET PAGE 05/07 0004/00• 05103/:ooe 21:11 FAI I can not remember of ever having raprescned a cliew in The City of Tustin, bowevey those with whom.1 lava wodmd ]mow that MY pxactiCC is w sohc problems M*w thea employ debyin ftctiCL I aay ibis to let you know diad I did not gV" to represent Mr. Fuld to be a now few that is being used to delay the solution of baa probleme.l understand bad sides of the isms and hope dw X can help to leach a solution that Sdides eMyona I ainoer+ely brope that you SSM tv noises with me either an May i or on a daft and time sniMMe to YOU and/of your std I have summit May I only beeauec (IM is the date on wbich Mr. Fit %MUW was W bwm submitted kh n obw and da not want that daft to piss widmm s positive ed£ort on our PWL HoPOMY you will re and to DW request either by emrail bo: ifto c telepb�ow to my OTWO sl and leavia� yawn rewm with the ap uff. Email TAII MU& me more quickly. I apology *C do h t ow of thin rr� wd bank you for y considecstlo t bok ffwwdt8 meed�n you said contt�ib M iM—i0 the noted= of a p vb1a dW I know is a t awing "paie --eo nee the vernwolsr. very U* Y00% /sl Floyd. L. Fwsaw� fat Farano and Kimdd EExhibit. 05/04/2006 11:13 06103/2000 21!11 FAI From: Moo Faraw TOC ENZaboM A. BIM* Oabr. 5/1=8 10:05:27 AM Subject Fitts Pub FARANO & KIEVIET PAS 06/07 laOOi/004 Pstp I of l Toft is ft day tfwt Mr. wM dua to rrwparid to vu mpw d Q» Coy Of Taft for i ft. -.aft Nv smai lacer of Apri129h today regwatirrp s .-mw* p w1h You wKft your drown sW rtmmbm is kiartd. to 1ta fQ lm of IO MM I I haus rdwrad than rr Y b* ra+ri WW ft. 0pprvptldl dooultwnb and ilwpscMd tho proMim In 4eMion mW sm prepo,gd to ~Was dhKmodon d erry sc0pa Oen wAV Rt. pNM@rWs sipalbm I ward 1 O mmVe s mMlk+p at your «Hirt mr+renlorm l mould ft fo wMas you 1n advwm mea Qts ao= r*g kibjnafon'you m*w wo las not as yet bw oanpkbA howww. I bWWm to • ivmd am wlhw that hib moft w wo be podLV" You rhaW do be adWrwd to W. Fltprldd Is h oubw domw@M wih a proaptacA n pud� 0t'tM Pud'. The praspsctlrs purOhaMr is tlls auooessltd oparslor d swerai down refalfWrarMsl� t wadd ba ar 6iar21017 b0 hilly dhClOfb a1 dMabo0no0rTIM'1l X11! prOf+pfa0r�pinp0eed 1D Me of M%Mybn*w 18, M� artatrr 1w his maarods mrast 1hs sxpactgeorr or tha I look forward to your rsspm ims, Floyd Few o ff F.rano c Rwo Nuts You A— PC:l Womans'fi24rnd'X20 1FIoydll ocaMG203sm'ings\Temp1PLP41FAMP 513!2006 E.xhibit 05/04/2006 11:13 loi/0'/2006 21:11 PAI FARAhD & KIEVIET' I f mvi: Floyd Ferarro To: Elizabefh A. Simck Boa; Gne9 F*garald, Larry Smith; Tom i vavW Ckft: 5rjrAWO 10:26:12 AM Subject CUP 984 Lim Bkvm* PANE 07/07 Q 0o0/000 Pale 1 of 1 1Vd hrvtr�p revaivrad &I � my recy�rrt for rv101 you sb■bs d CUP 9�Qid I enr anon a M41M" foot w�oh a meednp war plaor+ at the on"opporhr+ily: wNh sfte axoep0on d Ifoday and Frft May fk2=1 aan aovomrnorlrw air tlme>twt 1a vorw+ar�er*11or you and�oryour eeiecbd araif mwnbara hm Mr. Flt�gr mM 1 vm told that durhp Lt Fll WWalft mesltg wih ft Cly d Turtle a 8ergwr+iR of t ae depworwrlt wm p vm t and twt ft 8ar0Bart ®ot OOMibM pr�oatl�utlort acteA4►f Idr. Frb;p ald me I eonaid■r comnwres 18WO h praatlhflon ar orhrrind ax2lrl�l ip br+aatiwrraly sarcous h nMue eo the aodent va Im poDaby► Oi+errtde the t2ap probM I Ox Omm 0, we aro rnOKOvdour to 10DOW up on 110,6 aomrrnerri� 1Nr want you and other auhor�ea h Tta�'r 10o Ino�w drt auah aolMMlas w11 not bti caunbsnwit, sd and Mus vA grab Pu" the U q m and aorw dlon oIIANY OW who ar�paaes therein.11fla �r0 re4+rd tlwt WyY MII�fT of rrhioh rn� Ire occurrrd, is ooaurrinp ar is pl.mad b oaa� naw or h er.fi,bie bs irnrntrdalry brar�+t fie d welort ar W. Fberaid and myga. i would airy go to hove fir nam of the PvM Swgm t In queatlarr. I rYoW ft b speak to tie aorloarrMin0 dds sb"IIan. VIS dafrwa t 20 purar ffs siltiort in a cwc Adm as m ocedbIL c andy, If you wvA p WwIt at my a<i pftd rnaatlnp be held wlh the City Albrney ar to MW tOpO m wih yow saw p "ffd" the rrargements irl to mwwsr. or, f you tlmim prehrtw I --I - 0r ft rrrsetirg wlh ftCIVAttwrretl that rrl.bo lMt *wwm*. Th be bdd, l amt wWrig to trace meetkp In err ml�lner, dmak pWW wah OV stab or bolrod dairargrmerthat nNe10 Your p- W M M F'a 110* %rwwo 10 ym raep , -11 F ftd Fararro d Far+�n0 trek Revolves Aramd You EExhibit 05/04/2006 11:13 00/03/2006 21:11 FAZ Fran: F"d FWro MW SJj=o 6.02:43 PM FW. CUP O&M EI tA-el. 8:M41 AM Sabo* CUP Mm ML WfAWK pMw as to @Nor Now. Thw* YML Floyd FirWW FbIMWd F� _ Ct Yow o EsIM.i� FARAPD & KIEVIET t PAGE 03/07 Q001/084 Page 1 of 1 05/04/2006 11:13 od/o3/2004 21:11 FAX Ms. Mizsbctb A. Bia6nrk Comumnhy Development Dhow City of Tustin FARAID 8 KIEVIET RL; CUP 9S-OZ9, Friz Reetaanm 414131 Rod Bill Avemo Deer Ms. B My =me it Fbyad Fkram I gm O(Ca=W wgb dw bw &M of psw 8d Kieviet. We am located at 2300 B. Kfcila Ave, is AoehemL Oor teiepbom IIn wxn we voice Oussimile Ow firm wes bund by W. Ff mgaald lata in the emnoan of AptA 25 to re mocut him in ft Mona offt stags of his am WA dw subject CUP. I sm couft@ tg you by emal because I am oid of own and wilt not rete m vmffi Pr;&w April A 2W& W. Fitte=d rembW ns beaaase in realty ho vary Ifiesle boo*Wp of throe mama end becum ofotwemn" and varied expaori = in code enNoRcceuamt stir WL Maabm of ti a fh m have sexvod an boll duty and comay Mulin Co y allediafio as caatsl COMM in code c fts" meat cow mdkndm& of climb is suet mattars. We believe that we we able to utKu the eacperienoe and "ledge dw we Have teamed ftm `bolt eidos" ofoode waft i cemrat iaioee On Monday, May 1 Mr. FifzgwM is m9 ectod to oampty with a request mule of biM by yow dqm aneat. I would very much Mw to meet wi& yon an that dde to &m that request; Mt. Fuprald's camp -am- or lack dwmof with the subject CUP mid bis Rams is the City Of ostia. Mr. MrSOMM bw faxed Cope of the c,oesmlli% docmwn to me. I intmd to p4okil y inspW the bm test in qt ufm immedbt* upon nary retum on Aw 28th end will be abk and prepared to diecuse ull of the bgum with you aod/oar goy membm(s) of your stag at the thm of out mm&W—shmM yon so arm IP L PAGE 04/07 Q100!/000 05/04/2806 11:13 FARAhD 8 KIEVIET PAGE 05/87 . � 001/000 05108/:004 21:11 FAI I cin not runemba of ever havk* lopt.,maned a client is ne City of TUS*4 b.—Il-, ftw t wh m I have woftd kww that my p wtkc is to 301" problem rather tbaa employ dekyft tactics. I say ab to let roa know &M I did not apse to represent Mr. FiUS=W W bea new Am do is being used m delay the solution of bis probl=L I bo& sides of the ism and hops dui I can help to reser a eOMM drat flet wmyvm I Amm*bVe dmt yon, roa tv meet wi& me either anUW I or on adds and time moble to Ym ead/ve YOU $tE I have onapsftd Mw 10* becanea tjt is the date oo wbich Mr. FjbWv sld was to bra M*Wftmd wA do not want dist dit to Pius wi&" a positive ef£ori on our P- Hopady YOU wilL r0q0°d to my r'egoest eidw by emaii W i0m6boomm""or telepbom to my ofoe at and o Yom reapowe with the operator. BuuD will teach me mode goidrly. I ePolooud r dta of this mind deem you for Y i c;oeai�decatiot , lbot to mem$ you =d contz2amftto die sobW= Of a pmbt m dtet I lcww is a Uo*&$ "paid'---eo nse dw vauwu w very tnly Yom% is Ployd L Fummot for Faraao sod K.iavWt ►a 05/04/2006 11:13 04/01/2000 1:1:11 FAt Raw: : Floyd Farano Ta EM;trab-0. A. Sinn* MO.- 3 IMM 10:05;27 AM Subjtwt FWs Pub Mb. Btvaak FARANO 8 KIEVIFT PAGE 86/87 ®001/001 ftp lofI Taft is t w dW that W. wm dw to naperrd to tfw rages* of ft Cid► Of Tuft for is ..mft W mal boor dAM 2liMt andrttaas�pa left requomUtp a,.mW wbtr you artdbr yoa<d�ow, aMMf rrisnrbsrs ra t�ndad to u tM the oplo -n h 1 have fakowd Rom wW b% rauhm !w appy apildo domra is aid kopacbd to pWiw in Uon w d w pneparvd to *Vmrhba d uiMm of any soopo aeno�enirq tom. FWW- W- Wo si�kl M 1 teoLdd ft 10 air+anpe s rttafdrq dyow arr - 1 a wwwOorto I would 0 XMO you in advwm 90 the seaat,rdi�p t+iarntalon.yoa howww l bWWm Chas notasret twsn oorrrpYtad, thata nwW am Mr�arrt that hle�rrtstlon woad You *akW des be adrisad that W. Flt prdd b In wtar dk m ft wm a prospatd" punrfr ot'r" PtW. The prvspaallw pu haw is Sta uz==U oparaier d wtror�l sE down 0 wood ba ar trosntlort b ter d cbwat d.lwl. aortorrrrtp fia popoead on a[apsratytp tltr*MW b mato asrtaMt fist Itl! nrdtt ntagt the eo�acroorr or CI I d T1�tln--prlrrta tlW o0nw9+rnadon %R MW ww► I look tbrward to Your rospe:w, Floyd FWTm I Farar+o Ear!>LM Ratio tm You, • 4�d�20•1Fioj�dllocalXZ03attta�a\TemolEi..P4 iF 05/a4/2006 11.13 FARAND & KIEVIET PAGE 07/97 • 1 11 [B 006/004 #od/03/2oof 21:11 PAI Pa6e 1 of 1 Prpnr: "Fa mw To: EAzaboM A. Bk*** Boo~ c," F%cprald; La" &n* Tom K'WM Dda &%rA=1&.26:12 ANI Sub] CUP 98-02 Lim Bkwoft iVd "Evi"p raoeh�d a nspenss b nfY raq�tsst for trfeairrp.vNh you oafoareinp the stats d CUP 9s 1 arw 0 we saw nequwft to Vim a rnesd iv trot pisoe m vow f d loft and Feo* MjW gk�" f amt acasnrnodoM oV fto #o b gMvwo t for you snWwyotrssMcbd aWnwiftMs. rii departrresnt war prossret and ttfnt Sha Sarpsant apo& of pmw Pnosmullon acallrl�� d 1Ar. Flt�srala er+e l eerfaltt■r aormnar>is ralsoq b proMM prf or alifith et s *AV to be O& n b scrims h rtsbura to the &&dant theriot' pneaair &&rids ri. ! pootanMnreq�rnMlrwe n mo�tarocloue b raw UP on d>w donrnerits. Va v" you +end *w auroVm it Tuft b mow 94 such S*Ab swM notto oounbsrantwd and thatrra rrtl twbl P�+r'ss � �'�4fWAMYwW� uch wW mw � �o Stash. ne ID nm am tris be t�ra�+�t b fa atbrom of W. herald ad aoDfxitrfp ar t. Pr*� mySW. 1 would abo Sob halls the name of tw POW ft[oasr� h ques0orw t vYioe114 � b spoakto h1eA apnosrrfrp dis sbm"L VVb ig§itsir want b purser ffis Aundon to a oono0Mi0rf ar quid*/ as posdit dear. ryouwatld pr.lbrSrat nry►gr0h f+e cirlftnslr assts lead tgprrtwwr+yvar stdr vlewra naNaff. rrwnpewranis rf fit mar.w. Or, f you flrlhw Stat I arrrtrfps ri w■mwu wNh fw CfV/tttwnsy the rr W swamwMt rnw.Tb bs W antwwm ta.hser�ti wreefi.0 In arw► mount. da% plao�lwlt � �artwoddarrar�prnrort*�otrn0elayourpcafirunoa . l tooi<1brNd fay" rwsporra�, RWd patens Wr+ans Eartnt, nk a ur d You Exhibit 05/04/2006 11:13 FARANO moo— &— KIEVIET LAWYERS NUMBER OF PAG TO: Elizabeth A. Binsack, FAX: (114) 573-3113 Community Development Director To call: 0 City Of Tustin TO: RE: CUP 98-029; Fitz Restaurant Our File No: 2445.0001 TIS DOCUMENT SENT: Letter dated May 4, 2006 with enclosures. IF YOU DID NOT RECEIVE ALL THE PAGE; INDICATED AS BEING SENT PLEASE CALL 714-935-2400 AS SOON AS POSSIBLE. THE WRITTEN MESSAGE IS FOR THZ EXCLUSIVE USE OF THE ADDRESSEE AND CONTAINS CONFIDENTIAL, PRIVn,EGED AND NONDLSCLOSURABLE INFORMATION. IF THE RECipIZNT OF THIS MESSAGR IS NOT THE ADDRESSEE, OR A PERSON RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE ADDRESSEE, SUCH RRCTPIDNT 14 PRORMITZD FROM READING OR USING THIS MESSAGE IN ANY 'WAY. IF YOU HAVE RECEIVED THIS MMSSAGL BY AUSTAIM PLEASE CALL US IMMEDIATELY AND DESTROY THE TELECOPY MESSACL REMARKS: URGENT [ I FAX ONLY [ X j ORIGINAL TO FOLLOW [ j FOR YOUR REVIEW [ j PLEASE COMMENT COMMENTS: S:\CLIF(YTlQAC'rWF\2"SUMS000I1 mwldax 05/04/2006 11:13 FARAD & KIEVIET PAGE 02/07 2300 EAST KATELLA ANE SUITE 235 W M CA. >i2906.8p17 OWFAX May 4, 2006 Elizabeth A. Biu =ck, Community Development Director City Of Tustin 300 Centennial Wary Tustin, CA 92780 Re: CUP 98-029; Fitz Restavtaert Dear Ma. Binsect The Law fim of Parano dt Kieviet and I were retained by Mr. Gregory Fitzgerald on April 23, 2006 in the nutter of CUP 98-029 and the operation of Fitz Restaurant and Pub. Mit. Fitzgerald was, at the instruction of the City of Tustin. to produce caawin documentation pertaining to the opamdon of the subject business on May 1, 2006. The requested documentation hat not at yet been completed However, because Farago. and K,ieviet have subsMtial experiaace in code enforcement matters, we felt that a meeting between we and you and/or your selccctod staff would be producdve. I c=mumexted a request fee such a meeting to you by email because I was out of tow >rt and traveling at the thne. This request was intentionally made prior to May 119 for a meeting on May 1" because we did not want that date to past without at least a discussion of the matter having taken places Since my return I have conveyed two additional awd requests for a meetim* I also made one telephone will to you with my request on May 2, 2006. Oo the chalice that my previous communications did not reach you I am sending copies of these messages to you by facsimile together with my request for a personal meeting with you or whom ever you may delegate for a discussion of potential solutions to W. Fitzgerald's situation I look forward to from you concerning my request soon either by telephone. email at or facsimile. V 1 yours, o Farsmo Farano and Kieviet,LLP Enc. 119clu 9,NCi.TRWI%AC77VV40P,2443=1karnrp�bMrKMJMrMo LUIBLJTY PARTNERSHIP 05/04/2006 11:13 05/03/2004 21:11 FAX Foram: Floyd Fff= M1o: :WMG 6:02:43 PM Subl4& FW. CUP 96.029 RNM yOd1 AIA Odom* cturp ML 9fdMM PIWs iso to Atm I i I~. 7hw* ym Fbyd Fw" Fir�ro tA�ll? b �Oft�. FARANO & KIEVIET PAGE 03/97 la 002/004 pw 1 of 1 05/04/2006 11:13 Od/03/2000 21:11 FAX Ms. Mizdm& A. Bios ck Cow utmity Developmem Dhoc w City Of'l usem FARANO & KIEVIET RS: C 0 9$-029, F ft R,p", B zaK 14131 Rod lain Avemn Deer ML Biasscac My tame is Fkq d F'Mw. I am Of Caxwd wig deo law &= of Fuaao and KWViet We ane Located at 2300 B. 11061h Ave., iA Am&eimL Oar %hpbaw munben arc voice , &csimilo Otw firm wad hired by Mr. FhzgmWd lad in the af=oan of Apt ZS to re x=ft him in *0 mstlar of dw Oft ofha coutpliance WA *a 3*0* CUP. I am coubcft you by eio A be== I am out of own and wM not 1r1A = =W Ph&y Apol 28, 2006. I& FitxgeMM mahw d as bac mn In really las vay lit le kno O of these nvufts and boom of our ext"" and varied Hca in code mtbrcem-fft matters. MewbM of ffie fim have =%vd on bad city and COMy Co ' iepnesaa:te 0 CkW sa 000trsct oouosd in code azCore - " Oat cam and knAr ods of clkft 1st such aw ON -5. We bdf M acts we we able to nt0%e Ota ' and"ledge dwwe have learned from "bolt Mae,ofcods at tircema irws. On Monday, May 1 W. FitgP rAd is apfticd to comply wi$ a request made of Um by yoar d%,k,M at- I would vary =wh Moe to mous wig yo4 an does date to dbm Lociraqu K Mr, AuSa d's ooaaplfa:,cx ca lack thereof witb the MAjeot CVP and bis is the City Ofrusda. Mr. Frizg=Mhu &KW 000" of tba cow +oltiag d0cmuft to mai I i nftd to Pby kADY the bnagp m in gnesdon kftsdialeiy Upw my rettn on dK 28th and will be able and prepared to diecose all of the bmM wi* you sodfa say m=ba(s) of yow staff at the d ae of our wwftS—ahould you 00 agnea. PAGE 04/07 la00!/001 05/04/2006 11:13 FARAID A KIEVIET 05/03/2000 =1:11 FAX I cwt not amber of evar.having lop cmWd • client iA I"M City of Tustin, bowevrr, tbose wi& whom.1 bave wodmd ]mow that my prrcdico is m 30hrc problems ra*w than wVIcy delayft tactics. I uy this m letyoa kv w That I did not agree to represent W. Fitagald to be a new fu* dirt is being used to delay the solution of bas problem.. I ruder and bads sides of the ium and hope ddt I coo help to meach a whdion dw t sWdn evayom I siaoer* hope that you agree to MW svidt no either On ley I or OR a dd@ and tmse anitable to you md/os ym staff I have sugpsbd May I o* bemoc that is the deft on which Mr. FitzgaaM was to bane submidfed infbrmotian and d0 notanent ted date to piss svitiwN a positive IM oa oaa P- HqpeMy you will respond ti0 my ngoeat aidw by eami Re felspbow to my offiiot at and leaving yoga respoesa with the op uatar. Ema g anl mach me mode qW=W. I spolodu ftdw b2coom of titinadd dtsmit ym for xvovr consid�aratioat I look fixwn to nme" yogi tad coorbadogto dw sohdw of a pmbbm tot I know is a tro*&S mord'--40 vee 60 vMWWW. very mft you% /It Floyd Lr Fmsn0. for Farano and Movies 2 PAGE 05/07 Q004/000 05/04/2006 11:13 Ob/03/2006 21:11 PAZ Fmm• Floyd Fmm TOC EtWbultt A. Btn3m(* pas sfirA0010:OS:27 AM Subjswt Res Pub Ms. Stowe FARAND & KIEVIET i PAGE 06/87 la005/006 ParIof1 wmdmto man � lWw IS ft fAAW 2t rrd art iip� e4+0 left me � you im pft yaOf Tuftrd aW Ing ■rs to tit■ndrd to ful lm to -010-Nm I l bare eMtnted Boat nb � �s+rleread 1fN r�ppevpelMs doote�rtseeb and i'lsparled tr psmlNs In 4ee■Oon atld a prepsrad 10 � hba dleo�,iwion ay ani► soop� aenoMnirp Mr. fM�O� s��llett 1 t�a�d 1�tie rrarp� • 11WO 91 your or -9 , R mnraeOwraa, I weedd ft b taNr you in aolr wm to the soam Nk 2ft, m" you ns¢ww4 roa rat as pat bm coI bWb a tM a moss rp mm *MW the hlbwed be podia" You dmM MW be Bch ha d to W. FftgWWd b h mbw damr■bn wlh a poepoWn ptmdm ar ormn a Pub+'. The P pecMrs pumhmW b be uxmW "oprratet d •evaeal wi down es rerrta t wand d• ar IrwanNorblldlj► droloseam ale oonaRrMpfhe vroapeolanrMOL91 fo tfiev0�+nulbn aF�� 10 no" aMw a«isln that t�It maeai naet e,r axper,�tteer ar �e I look bwad 19your i m lF ram Floyd Fa us Fier Ea"hLJ* J�ayo Y t itAC:IlDncmaetsl420and%20 1F*dq oar/.20&gdnp\Tcmp\EL.P4o.tmp 513flW6 05/04/2006 11:13 FARAhD & KIEVIET PAGE 07/07 od/O8/2O02 21:11 FAX Ffts: Floyd Fe nim TO: Eli sbelh A. B Boa: GM F'ftgo kt, Larry Sm* Tom KirM ogft- W3r.M 10:28:12 AM Subp t CUP 98 - mg ma Brv■ k ia 006/00• Ptgp 1 o1F 1 NOt h�vinp rsoahAd a irtponst to far a mr+ q.v1h You oonoemirNMI= of CUP 964M 1 M Orta ap�in t+equeai� >hot w�o1i a mettir� itlot prop otft fteR01011 I d k ft and Frldiy N�p1► 6r 21� i a■n a000airnod�M an�►tirr� that M aornartfwrt br you andlbryairtwifw:t■d sWNma111bwR in app to W. F'ir�g @M 1 wm told VW *Av W. Fri ald'a maa>hp w1h WM Cir d 7 Ift a wm w• . d IIw Tugh Pdkm DwoN arlt vm pawt t aro! 90 ft wain or SIM" proamudon ae0M0►1 IIr. FIS wd 1 evisid r aonrrrm r@MM Ib praatiWon or eitive l scffirJb,Ip bu * w m6 se bm h man b I" atant IlmI ay pi all oraridit ft CLAP pobMnr rdq�itrwyweant mortarorlout to!boort up cn tMe awvnsr*L VIM ww t yatt and ae w auhOffm h Tudh b snow ht auoh aodrMI■s wIlI nct bs oour t- Wit' and MVS w11MUNWIVOY PUMr'dm No and aawMb oFAMY ONE who ar eas thwW 70 Wv _ mgjNd VW ANY MINT �M�fd� �e�■tl how ommK is my� Jim I, IM haw �r n�or„r d Popo wmW w �* 0p tdm � co wms ar p thifa WkmWorL VVb 4db ibti► wr6 to purer ffa sitmiforl to s oorokid e m quiddy as posebla I.aM1�►. ryouw&A prMWthat my txwpftd root b* hW wM t* CRY Ai nmov m Ihs bo tootlF+arwrh your �allptrw nalrifi.a�r■rgtrnrntt nlrt rnmw>tr. Or. Oynua ar 'owl amtrgt a.■iirq wl h ft C V At M my M tn1 br lht wet ap► Tb b brim I am wll$ ion" led In ark muvw. dr* pla►O�, W/t ary sem'Mar errtfod alresi�niwlthatn� yourpMM+wioa 1 lookllam to yotrmeow, Eartii.t�k liawh�a� A�+ound You Exhibit City of rustin Jul 21, 2006 .,�� ;...�� ,�, ty July Ci. -.;!in, ,:A 12; i-3 ..,1 'i7 3 3 1.•;r Rodedck'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 applicable code sections 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 shad 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 Reekstin Senior Planner Attachments: Tustin City Code .Sections 3231-3236 Application for live entertainment permit Resolution No. 99-29 oc: Property owner Director d Comnwnity Development Assistant Dhector of CormMx* Dwelopnwd BudkMa LWrw Tedwtcim Code Enbrcemerd Plarim of Vw Day Desk Police Depertrrwnt SRMu *mMV WderW& EnterWnmOrd Pennit.doo [Exhibit September 18, 2006 Lary 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 V06-0368 Dear Mr. Fitzgerald and Mr. Smith: On October 14 aril November 5. 2005, City staff observed your business, Fitz's, operating in violation of conditional use permit 98-029. The violations are as follows: Condltlon 2.3: Hours of sales of alcoholic beverages shag be limited to the hours when food is available. Service of food menu items shag be during all business hours. Cond/don Z* Operating hours shag be consistent with other businesses within the commercial center. The dosing hours shall be 11:00 P.M. Sunday through Thursday and 12:00 a.m. Friday and Saturday. No new patrons shag be admitted.after the dosad hoard and patrons shall vacate the promises within thirty (30) minutes after dosing time Condition 2.9: Authorization for the on-site sales of beer, wine and distilled spirits (ABC License Type '470) is contingent upon the use of the subject promises 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 foodUverage 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 promises 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, 2008 Page 8 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 areresponsible 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, DS' 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 WiIlkom, Senior Planner City of Tustin EXHIBIT A Invoice for Costs for violations of CUP 98-029 Violator. Gregory 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 Director 6.5 $85.74 $557.31 Senior Planner g $63.24 $521.92 Code Enforcement Officer. 14 $40.49 $566.86 Total $8,346.09 14131 Red HMI Avenue CUP vioMw Invoice Exhibit A 300 Centennial Way, Tustin, CA 92780 - 714-573-3149 - FAX 714-573-3113 Exhibit ';=immunity Development Department 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 92649 City of iusiin 200 Centennial Way ustin, CA 92780 714.573.3100 SUBJECT: REVOCATION OF CONDITIONAL USE PERMIT 98-029 FOR Fn7S RESTAURANT LOCATED AT 14131 RED HILL AVENUE 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, /Y �- 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, 2006 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 his Community Development Department City of Tustin March 30, 2006 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92705 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 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 14131 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 a follow-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. CondlUon 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 alcohol sales. If gross receipts of alcohol exceed food sales, the Community Development Director shall initiate proceedings to revoke the Conditional Use Permit. Fltz's Proposed Corrective Action: Fitz's will provide quarterly sales reports to demonstrate an increase in food sales. 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 Resolution 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. Fitz'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. Fitz'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 aturdays. City Response: The City will observe the business hours to ensure compliance with this condition of approval. 4. Condition 2.9 and Z 14 of Resolution No. 9949: Authorization for the on-site sales .of beer, wine, and distilled spirits (ABC License Type "47') 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 thar 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. S. 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 by patrons and employees on the ground into the parking lot and the parking lot appeared 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 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 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 twelve (12) bar seats in the lounge area, and four (4) bar seats within the main level dining room. Fitz'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 Establishment - Guidelines, a restaurant may only have a lounge or bar that is ancillary to the main u: of a restaurant: Fitz's shall comply with the approved Conditional Use Permit ano ensure immediate compliance therewith. 8. Fitz's Proposal 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. Fitz's Inquiry on Redevelopment Funds: Fitz'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 that the above corrective actions shall take effect immediately. To ensure compliance with CUP 98-029, the City's Code 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 - "1�7 Scott Jord Police Chi cc: Paul Garaven, Special Investigation Justina WHIkom, Senior Planner Scott Reekstin, Senior Planner/Business License Brad Steen, Code Enforcement Officer Jim Draughon, Redevelopment Program Manager Department.of Alcoholic Beverage Control i1CdW.LWTM Wwvw" .M September 18, 2006 Lary R. Smith 3185 Moritz Drive Huntington Beach, CA 92649 Gregory Fitzgerald 600 North Tustin Avenue, Suite 260 Santa Ana, CA 92765 SUBJECT: Violations of Conditional Use 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, Fitz's, operating in violation of conditional use permit 98-029. The violations are as follows: Condidon 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 shall be admitted after the closing hours and patrons shall vacate the premises within thirty (30) minutes after closing time. Condition 2.9: Authorization for the on-site sales of beer, wine and distilled spirits (ABC License Type "4T) 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 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 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 WiIlkom, Senior Planner City of Tustin EXHIBIT A Invoice for Costs for violations of CUP 98-029 Violator: Gregory Fitzgerald Location of Violation: 14131 Red Hill Avenue Department No. of Hours Rate per hour Total Tustin Police Department 106 $63.77 $6,700.00 Community Development Director 6.5 $85.74 $557.31 Senior Planner 8 $65.24 $521.92 Code Enforcement Officer 14 $40.49 $566.86 Total $8,346.09 14131 Red Hill Avenue CUP violation Invoice Exhibit A 300 Centennial Way, Tustin, CA 92780 - 714-573-3149 - FAX 714-573-3113 [Exhibit 17 FARANO KIEVIET November 20.20% Climbeth A. Difaclt Community Development Director City ofTustin 300 Centennial Way Tustin. CA 92780 'rhmsmitted by Facsimile to 114 573 3 1 13 Odginai i'ollows by U.S. Mail RE: CUP 9$-029 Derr MEL Diauack: FLOYP L. FARANO Ago toy At taw 4%3W EAST KATELLA AVE SUITE 235 �Ma�� x FAX This is in respottse use your letter of November 1, 20M in mletcwc to the subjoet Conditional Ussse Permit. Before I address the substance of yaw letter I Want t to advise you tient Mr. Fitzgerald is no longer represented by Farano dt Kieviest. 7b the best of our information Mr. Fitzgerald will repmeat himself in all matters of the. subject CUP. We will however represent W lorry Smith in the matter of thiel pwceedin& Your tercr ren to our meeting o(J* 21, 2206t slOmoo wrtect in what it s: is eery misleading and prrejudicial in what it drt+es not soft 1. Your November, I lWw mondontr Mr. Houston as an atiandoe at the July 21 nese Wng but dear net. k*Wfy hi= as thin purcl> ow a 0 O(WW b you van =06 owm on July 13, 2 2, it was made wiry elsarwr to you moats earlier that (it) W FiUWW4 Wass in me p accts ofael "Fitt li ; (b) that it had been *At Asa matw Qf. as you will recall, dot although -1 agreed to dbcuar any x4ect tbat you fek appropriate, the July 21 minting was requested by me for the prindpal pApm of introducing you aril the staff to Mr. I oustm aid to make you swam of ha ploy of ramvrstion and the operation of a "full sit down reslour, C You will further malt that prior to ft nwating I emailed numerous documents to you including the identification of Mr. Houston's Chef and magaziaa aMclos that dewn`bsed his a ccompl4hm emb, pest rrstaumis at which he served and a sample of the new menu. Your comments at the meeting left little doubt that you had not looked at or perNps even opewd that email message:, You and other attendees wsere also made aware that Mr. Hoon was in the process of spending in excess of $230,000 to renovate the premises bred invited you and other members of the staff to visit the premises to amum themselves that he was in fact carrying out his promise You A UMTED UABMJTY PARTNERSNP 1 FARANO KI EVI ET made a statement to the cfftt that it was not the intenOw of Ow City of Tustin to turn away a legitimate businen 3. Your Letter don (a) not mention that attar "itedicatinC that the City ofTustin would need to be reimbursed for it's "Code Faeforcernemt face" at iiia July 21 meeting t contacted your dgwtmcm aril caqueeted that these fba and the amount thawf be mule known to us as sono as possible: and negea W a time line as to wheat this information may be expected and (b) that we never rec eivreda time lata ur any crier information in tha raped until yodr Sept 111, 2M leaes-- ahnoat t" monftr altar year "indkaiort' 4. Your lei don nal mendoo my sbtOtettt end the sdateltrieat of odws drat yoer arm and probl. acme with'hk Fitqeraltl tad reel wig Mtn •l'totnM S 1 had the fihdlna.thet the July 219 20C*w z bebtd NOW" Wee hT once again 1'11 say that the City ofTueab S pmbWma aro with Mt. F1 raid end NOT mt. Houston, or. Por that matter Mr. Smith. if you want to Pwam W Fidag "M dum are certainly well kuoae couries of action that will not involva or inflict severe 11- ; 41 haedahip on anyone cisa That f d was motioned by me and pretty much ipote l by you at the July 21 mcW ng. it is ono thing to pursue Mr. Fitxgcretid to whatowr Went you think is appr"Wiale since he is the only "actor'' a algid "tad gtty"• It is aAother thing 10 pursue s course Of aettiotr the efi`act a(whiab is to Puidab Mr. Stnitb Who roaily *dn WOM lad Worse to PWA 11+1&. Housum who is compklely mneme 66aAho other the fo try to take a building dirt evidently Wally displeersod tits Coda Eel 1 rp 111 sW Dapurdr uw and make it into a rresMumm whish the City could weleame as s fine "WW%i aK To do WS is in our opia w is lir wtow lryou pe:slst in a caw+se Cracow dial iavelves ur. Smith assl.partiaetariy intiicNt Onw. Product Mr. SmWi4orismiandke exuwit available uah r the kir. As you pcabsMy .know this proceeding is a disciplinary proceeding and is punitive in nature. Since the city is the accusm', my client has rho same oppomw&y as in a criminal l promution to p vpaen his de le:nse. Please be advised therefore that 1 AM invoking nay chant's commituponed riga to discovery as judieWly r wgpizcd at common law under the cane of Shivciy v. Stewart (1%6) 63 cal. a 473; 53 Cal Rptr 217; 421 P. 2i ie 65. As the California Supreme Court stated in that caws, the riga to p vWal dircove y in civil and edminel cam is will rccogesized in civil cases under the Code of Civil Procedum and by common law in criminal casae. 2 FARANO KI EVI ET I thekrcfore rexlurM that information which directly or indirectty ibvolva or concerns the subjmot Conditional Use Permit 9"29 and the rewoc ation thereof (CUP hercinafter) be provided to the undersigned in a timely fashion prior to the hcadng so that an adequate defense can be prepoed. This includes the folkrwin j; dmurncuts and inforrrtlativn: I . All reports. lettem memos, notm emails. telephone, logs, electronic troordings of eaneactings or confacnew or any other means ofO mmunicaatim involving this CUP that is at was pmpwW by nary police or law a nforcconat agcy. This information shall also include the mattress and.addmses of any and afl wig and 2. All reports. etteM memos, notes, molls. ttrhora top. elwftaio tecardiogs of any meetings or conferrnee s or any other mans of'cornmunkedoMtn involving this CUP tWd is or was prepared by any and all code enfaxement pemmml, This infrmation shall include the names and addresses ofany and all witneesses. attci 3. The natwo antaddreams of any and all witnesses that wiN or arra: axpm %ed to preaetu any testimony or declarrttionst under oath, and 4. Copies of any and all udter written reports. !atlas. mcnt+as, em ails. telephone ler„ electronic nxmdinlp of ony montings or conCmences, involving the CUP, norm concerning the subject property, and S. Any and all phoogmpbs tor drawings of the subject proparty in on— powvssi = of tin b. Any oW all electronic mordingt of any haryhews of"any witnessm and 7. Copies of my and all writings regarding the: subject property. and S. Copies of any and all business records mwdag the opmdon of any business on the subject property, 9. Copin otsny.aad all other dommeawy evidew eexpas`W labe. o and at do hearing mprdbs the narocadw of tea conditibWOM p 10. All mm xd+A no maws, wodt pnpara; anatib, rima sl aselsr. e.la uic NW any and , all otter aomatctetiea-da , pepms or docu mentsthat: woo assembled crested ear used to demmine the amount of the "Code Enf'orcenwo fes" dcmande:d in your tetteer of September 18, 20015 Thar inforrmadon shall include the naamro, addresises of an persons submitting; cradn& assembling or otherwise preparing the ..Cock Enforcement fees" demanded I .am aware that sena communications Wwwan nw, you and members of your Department have taken place ,and that copies may ba in my pOUCOMIL Copies of such communications arae not exempt nor am you mlieved of the obligation to furnish copies of your ogee files of such documents and papers. In ether vmnb even if I may have copies of some correspondence you are regw1ed to give me copies of your department file copies 3 FARANO KIEVIET L .t W Y k R" IU above HsW documents are to be delivered to Farano & Kievict LLP 23W east Katelle Ave. Suite 235. A,nOwin% Califomia 92806 at least ten days prior to the bcaring rc,prding the revocation of the conditional and peimh so the an adequate defense to the accusations can be prepared. As mted below, a cagy ofthin commuWcodon is being =a to tlto City Attorney of the City of -rUs L very truly youss. FA KIE-VlFr. LLC. By il Floyd L. Farano cc: LAM Smith linin City AU*nwy 4 Exhibit GREGORY M. FITZGERALD ' A PROFESSIONAL LAW CORPORATION ' �.� ; 14 t= i 800 NORTH Tus N AVEMJE SUITE 280 SMITH MIA, CAUFORNU X2= 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 personally. 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 think 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 Bro& 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 united. 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 little 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 all of my existing staff and 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. I 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 regarding 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 part I inquired of my predecessor and discovered that from the inception of the CUP in 1999, no such report had been requested or forwarded. 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 aware 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 attomey, 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 haves 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 for exceed $9346.09. 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 far. 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 I look forward to listening to your rational. Very truly yours, Cc: Tustin City Attorney Floyd Farrano, Esq. Larry Srnith Lary 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 Fits 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 23: Hours of sales of alcoholic beverages shad be limited to the hours when food is available. Service of food menu items shall be during all business hours. Condldon L4: Operating hours shad be consistent with other businesses within the commercial center. The dosing hours shall be 11:00 p.m. Sunday through Thursday and 12:00 a.m. Friday. and Saturday. No new patrons shag be admitted after the dosing hours and patrons shall vacate the promises within thirty (30) minutes after dosing time. Condition 2.9: Authorization for the on-site sales of beer, wine and distilled spirits (ABC License Type '477 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 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 S 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 Sinsack, Community Development Director Y. Henry Huang, Building Official John Strain, Police Sergeant Justina. Willkom, Senior Planner City of Tustin EXHIBIT A Invoice for Costs for violations of CUP 98-029 Violator. Grestory Fitzgerald Location of Violation: 14131 Red Hill Avenue Department No. of Rate per hour Total Hous 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 Total $8,346.09 14131 Red Hill Avenue CUP violation Invoke Exhibit A 300 Centennial Way, Tustin, CA 92780 • 714-573-3149 • FAX 714-571-1111 EExhibit U90 V4 w uc:t i p Lawrence Lawrence Friend crAv :�S$ocjate,, CPAs, Inc.'c`;� December 4, 2006 Mat&cw Huston, Owner Roderick'$ 14131 Redhill Ave. Tustin, Ca 92780 Dear Madww. P.1 My firm received a request to document the breakdown of Rodererick's reveaesr. From dw daft of incepfto, Octobar 16, 2006 tbtotgb Navember 299- 2006 asks totaled $56 679.27. Food sales wars $29,201.78 (51.52%% alcohol soMe ware $14,667.65 (25.88'x) and winwiner sales vers $12,809.34 (22.60x] I mope this binxmatian is belpful. If you need additional hdbrmadon please call. Sincerely. �Frkod, CPA 14521 Acacia Ave.'huda, CAHAXBW 92780 0 Telephone • Facdmfle Maitre'D 0001 RODERICK'S, Total not saps Total taxes Total discount Total "We Service 2,912 ALCHOHOL 2,892 WINE/BEER 1,095 ENTREES 680 APPETIZERS 488 SANDWICHES 662 SALAD 50 DAILY SPECIALS 176 DESSERTS 381 BEVERAGES 118 IODS 110 SIDES 84 COFFEES 4 MISC NOITAX 1,843 GENERAL MODS 7 PIZZA TOPPINGS 606 ENTREE SIDES 9 RESERVED Total 2,912 ALCHOHOL 474 BEVERAGES 176 DESSERTS 5,639' FOOD 4 MISC 2,892 WINE/BEER Total Sales consolidated Custom dab From Monday, October 16, 2006 To Wednesday, November 29, 2006 $53,790.75 $4,176.30 $2,888.52 $57,967.06 $0.00 A $14,867.65 $12,809.84 $11,878.50 $8,569.25 $4,439.00 $1,788.00 $1,23&W $1,107.75 $946.25 $886.00 $400.00 $169.50- $50.95 $21.78 $8.50 $0.00 -$79.70 $56,676.27 $14,667.65 $1,036.05 $1,107.75 $27,007.03 $50.96 0 Mea(s) 3,409 Clients) 2,207 Table(s) 1,130 No sales) Divlslon 25.88% 22.60% 20.95% 11.59% 7.83% 3.15 % 2.18% 1.95% 1.97% 1.18% 0.71% 0.30% 0.09% 0.04% 0.01% 0.00 % -0.14% 1.95% 47.65% 1405051 - 2005 SP4 HF3 No filter Meals value $0.00 Average / dient $16.83 Average / table $25.68 Table turnover(min.) 53 Frequent Dine(s) 0 Rewards Coupons) 0 Data date range 10/18/2008 11/29/2006 Sales consolidai cl Maitre'D - Custom dab From Monday, October 16, 2006 To Wednesday, November 29,20M 001, RODERICICS Ludas 65 CASH $24,639.50 38.23% 392 VISA $18,428.34 .28.59% 280 MIC $12,927.15 20.06% 100 AMEX $8,011.66 12.43% 9 DISCOVER $746.09 1.16% 8 GIFT CARD PAYMNT $249.89 0.39% 6 KITCHEN SUPPLY . $114.10 0.18% 6 PAID OUT 02 $144.28 0.22% 24 GIFT CERTIFICATE -$805.00 -1.25% 675 TIPS WITHELD $0.00 0.00% 675 TIPS PAID $6,488.94 10.07% 675 TIPS DUE -$8,488.94 -10.07% Tobi medlas id4r466.6! NET CASH DEPOSIT $16,160.55 Tara 0 TAX $2,988.05 Tax Ind $1,188.25 Total taus $4,176.30 65 EMP DISC 25 ITEM COMP 19 DOLLAR 88 MGR 7 VIP Trial discount 1405051 - 2005 SP4 HF3 No fibr $460.89 $284.30 $235.00 $1,719.50 $188.74 $2,861.62 Data date range 10/16/2006 11/29/2006 Exhibit TUSTIN POLICE DEPARTMENT SUPPLEMENTAL REPORT 0&3207 INFORMATION REPORT On Saturday, May 3, 2007 at 0215 hours and I 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 office was turned not ee any viol tions and noeryone got * nto arrests their vehicles and left. The responding police were made. Exhibit Binsack, Elizabeth THAT'S RIGHT YALL 1 MO DRANK PRESENTS LEVELS LOUNGE EVERY FRIDAY NIGHT O 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 ONEMODRANKOGMAIL.COM Eaa6etfi.x, Binsack raw munity omfopmmt oincw f Tustin ri--r-S73-3031 ow 1 Ao Dra"k rrotpuclims rresoits t _ a: 4 1 � e d- 0� Roberic'ks from 9:00p» to 26#00a Collie oUt alit _pArt4tj ill OC'3 sexiest liew liot Svotfif vvcr DJ-Oh-Dart wJll be the I 's & 2's Sp J# J"S -Ho all I Jittlp p eb HIM Ave Off the 5 fw4 Twitimp p M : A or es t1i5t AVIP t lz info confect ") MoDraink rrauctioris" or omcmaratk t lacom *VOL LL h CL -4 i Exhibit Copr ❑ No $Uw2c WO TUSTIN POLICE ❑No PNOSECUTIOII09110 o 300 CENTEN - %sun"" man" r I„�Y ROKINT ❑ Quo N LXMD TUSTIN, C OYESTIC VIOLENDe ' ° ""` aIOTR►Ano Ate'` NCIDE 9I'lfAllill DEPARTMENT ! A❑ ACTIVE A cm "IAL WAY BO SND® RO RECOMB O A 92780 R OCCUat110M KOCOURTW a FWW17T7"asPOltrs TI > 01 R IIAC[ 0 1 MMf a O R1L O 7 WLX NT REPORT a mom ❑ cTUL Ea cNI�E p t M ! 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NAME OF PERSON SEINED: C 5 A SUSPECT CAN SE DE2C"sIEO O a 111AAAT CASNO 0 a A SUSPECT CAN SE 1000/910 C 7 SULLET ❑ 7 A SUSPECT VEHICLE CAN SE DENT1PI� O a RAPE KR 4. TIESPONwff 3MvwUR0:- O a THERE IS E>OITIPIASLE STOLEN PROPERTY O S SEMEN ❑ 10 BLOOD ~ O a THERE 0 A SIGNIFICANT M -a ❑ 11 UNINE CSI PERF(WIMED W. ❑ 10 SIONIFICMfT PHYSICAL EVIDENCE IS PRESENT G 11 THERE E A MAJOR CRIME "VOLVED JOR NJ 12 HAIR ❑ 13 FIREARMS NAME i M G 12 THERE E A GOOD POSMBLITV OF A SOLUTION ❑ 14 PHOTOGRAPIN $$ ii ❑ 13 FURTHER INVESTII ffM NEEDED O 15 OTHER MEWPAOR NOTES :3 14 CRIME IS GANG RELATED 0 TODIL LOBS I DOLLAR AMOUNT 7 19 HATE CRIME RELATED O 1a REPRODUCTIVE HEALTH CRME ro au►lavwoa Ar aclNa: IaAa1t wILAa a o n0.1 a• aour®ar N eItE11t0 ar 0 oAR N AP►a011®ar/ a) 106OAR A RE/ORTNO OPFlCiII / b NO i7t-o /SUd� TUSTIN PAGE ADDITIONAL NAMES , �R. POLICE DEPARTMENT TPO01Dy1jpEVW200q yr _ 2 COOP aECTaN 3 CIMAR 4 FAM OTHER REPORTS rn 6 LOCATNM 6 MEA 7 COOP 9 NAIMEILM f9K/T 9 OCCUPATION 10 O.O.L Its" 12 PACE 794 WNT 21Mw S J SLK M 4WD SCM : a JAPN 7m 6 Pa l- 9 VRT IOCT" 13 RESIDENCE ADDRESS 19 CRY STATE ZIP CODE 16 RSO. PHONE Is HT. 17 WSMN NAME i AOORESE 16 CRY sum ZIP CODE 19 WA PHONE 1 1 �- 21 EMAIL 22 CELL PHONE 23 LICENSE 2t STATE 26 YEAR s MAq 27 MOOL :w 0''. UNK 2'. MOR /': PAI a1: WW /c mto:. OTHER 1 6raA 1 2.011 3.. COW S.'TRUCK 7f SRN •L NYC 0 COLORfCOLO11 30 OTHER CHARACTnrsncE 31 O16fOofTION a VENUM ii CODE 33 NAME LAIM iEIET.NOMA 31 DCI2JPMT1ON 36 D.OA 38 90 V RAM u 1 WW _ I IIA SLK >110 M G 4WD C f CIE = 6 JAPN c ?PL 1 1 IF C GrA L c9VIET cto0T1—_,_ >• 11f61ONiCE ADO1 39 CITY am@ ZIP COOS M ROL PNOIN h MR 1 1 a ■N6iEf NAME a A00I11205 a cTTr saaf: a caa N owl M W1I 1 1 M MAL 47 CBL PNo161 H 1 1 F. M LICENM 9 M aTATt N YEAR s/ MAKS N MOOEi or, UNK 2! 1 MOR 40 fY0 ac; 1MN a c: RV ton OTHER nnow • Or" 1 r "M V: CONY 6 C; 11111M 7 7 SAN 9:; MIC N COLORICOLOR 66 OTTwI CIIARACTNME11C6 ea O16PO61TKN/ Of VVISCLR i . a7 CODE 6o mum 9JMT. /M16T. 10 OCCUPATION 60 OAK b 96K o INCE J04 PARR C I low 3 ELK S/ M C • /O _] a CIE O S JAPN I-i" ,' PL \ C 1 IF C aMJil. - 9Va1T =100TH_ _ Qa fnsgmwm AM N.CRY at6R ZIPCOOE M RY.PMOW or M Cllr SME ZP om • WiLiP91011170 r ON& 72Ca1MIpEi 1 1 3 n 74 NMI n YdR 178 MARE n Moos 79ool► ac LOOK 204-0111 4p RAI 60 WA 9O RM too OTHNI \ STYLE 10 34M 30 CONY 6CTNM 70 SIM 9G Wo H >• COLO 90 oTNERaMRA0TNM6ros Of ONPONTIONOP11N IM M CODE a p1A2N &W A MIR ATO" M OOCINYIT1A s M OAA M 6Nt A HACK 13 1 MIT O :16fP ❑ 3 ELK O 1 M O 160 O f CMI G 9 JAPN O 7 PL O 1 O fPM: S; 9VTEr C16OTN __ ` • ORrsum M RESONIOE ADOwe aP 000E N An fMO1Q M N1 ! 1 M SLIDNE96 NAME A MORONS M CRY aEEE Zr COO! 94 WA PHONE M W1: 1 1 M EMAL 97 CELL PROW 1 1 M MEMO 9 M arm tag YEAR loo"MARE tab MOOL IsTna OC UNK 2 C:. MOR 9 G PAP GO WA 6 C M 1a Z: OTHER 1NOW 1 i-- 2430 31- CONN 6=TRUCK 77 SOW 9C MIC 1o$ COLORKAXm 106 OTHER CNAPACT2I06RCS to 011111,O61,ION OF VN6CLE 107 COOS 100 NAME IW . FINE, WM4 to OCCUPATION Ifo MOA III= 112 RAC/ C 1 MMT = 2 HOP :. 7 ELK 1 M c 9 MID ;_ a CIE C 6 JAPN C 7 PL 1 1 f � aPill. :9VINT t0OTR. 113 RESMENICE AOORESS 11a CRY STATE ZIP COOS 1161IM PHON11 119 HT. 117 MAINE66 NAWI& ADORESE 119 CITY STATE Zf+ COOE 119 a&;-mm- 120 WTI. 1 121 EMAL 122 CELL PHONE 1 1 123 L.1COM / 12r !TATE 121 YEM 129 MAKE 127 MOON. In Q'- tM 2.74-011 ♦ PAI a_owv. W W 1 _ IM /0 : OTH61 ?1 S7YLi 1 C 2-0111 3 : COIN 6 _ TRUCK 7 C SIW 9:: MIC - r 129 COLONCMM 130 OTHM424APACTNMSM IN 010PO9R1ON OP MOCLE TUSTIN POLICE DEPARTMENT INFORMATION REPORT CR 08-2783 I received an e-mail from Community Development regarding Rodericks, 14131 Redhill Ave. This e-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 ca Rodericks Every Friday Night from 9:00pm to 2:00am." "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. ABC Supervising Investigator r viewed this website and informed me Rodericks is in violation of conditions on their alcohol permit, and in violation of other ABC laws. rfaxed 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 am. 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. Wo 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 Roderic", I have been 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 ping IoL At about 2140 hours, Officer _and Officersentered Rodericks in an 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 off-site consumption of alcohol At approximately 0020 hours, S andwalked 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 or to bring their alcohol inside. As they were speaking to the bouncer, and noticed a subject openly drinking 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) 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. (7)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 S 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 turn off the lights upstairs. She told them the top floor was closed and asked them to go downstairs. (7)2.14 At least 80% of the premises shall be designed & used to serve meals. Most possess necessary utensils, table service & condiment dispensers to serve meals. andnoticed the top floor had approximately 4'utensils present. The 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. (2) 2.4 Closing hours shall be 12:00am Friday and patrons must vacate the premises within thirty minutes afar closing time. (ABF conditional use permit states sales, service, and consumption shall cease at 1:00 a.m. on Fridays, see attached ABC permit: 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 _purchased 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. (5) 2.11 Applicant shall obtain a Public Dancing Permit and Entertainment Permit prior to offering dancing and live 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 parking lot. At approximately 2200 hours Detective -observed a male, later identified as smoking what appeared 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 M he had a medical marijuana prescription and presented related documentation. � also said he smoked marijuana with other people in the parking 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 rand Detective spoke to this subject and identified him ;Vn'!tIi!!e%d records check revealed was an H&S 11390 drug registrant was drinking an open bottle o Sierra'Nevada beer. =said he just purchased the beer across the street at the liquor store. M noticed vomit on the ground where I saw M 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 parking lot While at Rodericks, S 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. an was released at the scene. From the time I arrived, until approximately 0150 hours, I heard music emanate firm Rodericks. I was parked approximately 50 feet away from Rodericks and 100 feet away from an apartment complex. At approximately 0020 hour, 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 turned their car 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 Rodericks 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 forwarded to Community Development. MLSo Drank ProtpNZtioNs Presents !77 r '" � (J RuJerieks v Nvj N 411 From 9**00-pm to 2a ������ Dj=-tali-D will be ofi the I's *9w 2's spimmi!5 Hip -Hop &, R&D Al fiiilitflio ,�tt i Rei Hill Ave Off tfx 5 Fmi ' Tissti", Cr �r VIP Fill Pro or APR -09-2008 10:59 -VTA P.02 BEFORE THE DEPARTMENT OF ALCOHOLTC BEVERAGE CONTROL OF THE STATE OF CALIFORNIA In the Matter of the Application of: File: 47-442707 14USTON Matthew Roderick HUSTON Theresa Louise DBA: Rodericks 14131 Red bill PETITION FOR Tustin, CA 92780 CONDITIONAL. LICENSE For issuance of an On Sale Central Public Eating Place License Under the Alcoholic Beverage Control Act WHj&g1&AS, petitionw(s) hwliave filed an application for the issuance of the above -referred -to licanse(s) for the above-mentioned premises; and, WHERREAS, the privilege conveyed with the applied -for license requires that the pCtitioner(s) operate(S) the proms, in good faitb, w a Bona Fide Public Ealing Place; and, WKEREAS, 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 below -described conditions would interfere with the quiet enjoyment of the property by nearby residents and eonsdtute grounds for tirc denial of the application under the provisions of Mule 61.4, of Chapter 1, Title 4, of the California Code of Regulations; and, wimpiAs, the proposed premises is within 600 feet from Frontier Park; and, WHEREAS, issuance of an unrestricted license ""'trout the below -described conditions may interfere with the public use of the above-mentioned consideration point; and, WSEREAS, the issuance of an unrestricted license would be contrary to public welfare and morals; NOW TE[EREFORE, the undersigned patitioner(s) do/does hereby petition for a conditional license as follows, to -wit 01. Sales, service and consumption of alcoholic beverages shall be permitted only between the bouts of 09:00 a.m. and 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. initials/ ABC -172 (2/00) APR -09-2008 10:59 / " aNTA ANA ( P. 03 HUSTON Matthew Roderick HUSTON Theresa Louise 47-442707 Page 2 02. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same pe nod. The licensee shall at all timea 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 on a quarterly basis and shall be made available to the Department on demand. 03. There shall be no more than seven (7) amusement machines, video game devices or pool tables maintained upon the premises at any time. 04. ..ntertainment provided shall not be audible beyond twenty five (20 feel of the exterior of the: premises under the control of the licensee(s) as defin on the ABC -257 dated 07-24-06 and ABC -253 dated 07-24-06. 05. 'Phare shall be no topless male or female performers, or fashion shows permitted on the premises at any time. 06. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted on the ABC -257 dated 07-24-06 and ABC -253 dated 07-24-06. 07. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot Additionally, the position of such lighting shall not 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.transfer at the applicant -premises. Petitioner($) agree(s) to retain a copy of this petition on the premises at all times and will be prepared to produce it immediately upon the request of any peace officer. The petitioners) understand(s) that arty violation of the foregoing condition($) shall be grounds for the suspension or revocation of the license(l)- DATED THIS - A I _ DAY OF --� k, �W;A Applies ctitioner Alio-172 (2/W) CIN0100- CAD A, ess Inquiry PAGE: TUSTIN Fri, Apr 11, 2008, 2:31 PM Address: 14131 RED.HILL AV Agency: P Dates: 041107/041108 Types: Date Time Type NOI Dispo RC/DI ------ ---- -------------------------------- ----- 040508 0214 415S SUBJ DISTURBANCE 15 031608 0233 415FIG FIGHT DISTURBNC 06 030808 0419 415S SUBJ DISTURBANCE 05 030108 0356 503R AUTO THEFT RPT 06 030108 0042 PC PATROL CHECK COP P'2608 0128 PC PATROL CHECK COMP 2508 2024 PED -PED CHECK COMP 010408 2216 PC PATROL CHECK 15 123007 0033 PC PATROL CHECK 15 122907 2209 BIZCON BUSINESS CONTAC COMP- OMP122907 122907 0137 415FIG FIGHT DISTURBNC 01 122907 0137 415FIG FIGHT DISTURBNC DUP 121207 0008 CCFD CITIZEN FLAGDOW 05 121207 0006 22651 RED VI 121107 2346 22651 i VI 120907 0108 925C AV 01 120807 1116 530IDR IDENTITY THEFT RPT 112407 2048 925V CA/� COMP 111507 1321 VC VEHICLE CHECK COMP 111307 1644 928L LOST PROPERTY RPT 111207 0020 TS TRAFFIC STOP DW 110307 1353 BAR BAR CHECK 15 1107 2110 483R H/R-PRKD VEH RPT IE -1007 1518 SUPP **LOPEZ 0707571 COMP 102007 0347 459 BURGLARY NOW 03 101907 0609 REPO REPOSSESSION REPO 091707 1919 CC POSS 594VR 05 081707 2248 TS TRAFFIC STOP DW 080207 2256 CCFD CITIZEN FLAGDOW 06 072707 1037 BS BIKE STOP 14 070107 1853 TS TRAFFIC STOP DW 063007 2107 TS TRAFFIC STOP DW 063007 1915 BIZCON BUSINESS CONTAC COMP 063007 1353 917A ABANDON VEH 15 061007 0011 TS TRAFFIC STOP DW •060107 0028 BAR BAR CHECK COP 01:39 00:52 01:32 22:45 DI/AS 02:59 02:30 02:50 03:33 06:11 00:03 01:03 04:31 99:99 05:46 01:44 0:16 19:53 07:30 03:19 03:21 AS/CC Incident Address ----- ---------- 08:38 STUO016415 04:51 STUO013103 02:24 STUO011658 05:15 BTUO010368 09:27 BTUO010344 15:24_STU0004408 12:02 STU0004353 09:15 6TU0000747 03:28 7TUO064511 15:52 7TUO064484 99:99 7700064373 01:58 7700064372 03:02 7TUO061511 15:28 7TUO061510 25:29 7TUO061509 99:99 7TUO061011 7TUO060895 01:48 7700058522 21:35 7TUO056950 7TUO056660 11:15 7TUOOS6417 25:43 7TUO055127 24:18 7TUO053114 31:15 7TUO052933 51:27 7700052857 7TUO052684 29:25 7TUO047255 09:46 7TUO041969 03:42 7TUO039141 21:28 7TUO037949 08:12 7TUO033440. 07:13 7TUO033303 08:28 7TUO033280 04:06 7TUO033239 11:01 7TUO029438 05:04 7TUO027855 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 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 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 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 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 14131 RED HILL AV CIN01003 CAD Address Inquiry TUSTIN Fri, Apr 11, 2008, 2:31 PM Date Time Type NOI Dispo RC/DI DI/AS AS/CC Incident 052607 0339 925C SUSP OCC VEH 15 03:05 7TUO026737 050407 2309 415FIG FIGHT DISTURBNC 15 00:40 01:38 09:24 7TUO022515 PAGE: Address -------------------------- 14131 RED HILL AV 14131 RED HILL AV s�i FE.xhibit t, ❑ No Nuvecir woo - TUSTIN POLICE DEPARTMENT 2 A❑ ACTIVE ' `"' °o INCE IKPW ED 300 CENTENNIAL WAY RO REco CS ^; Z L) 7 tK 'f RETORT TUSTIN, CA 92780 �s� VIOL KO COURTESY f IwPER OTHEII RIIOIfTI _ A" q ❑ GANER0LXM CRIMEANCIDENT REPORT 0 V --L-7 8 3 ❑ cotrPloElrrTut so Cxw f COOSNLC110N 7 CRMtINNCDl1TTYPE 0 1011NvirACOUN1f 0 mKoaARMOOUNiN I to D1NNmCOw1l I 1/ OTHo1 mum I2 SpV- C LOCKnON OF CRINK — 13 116 OQl 1f DAII tf TIMI OR Kmi9 4 - 2C-) FjLt Ix z cl 17 from mm (M Mc4Mu» ' o DNR 11119 is "A Form ER 21 Ong b OAT n mm 0-21-Do Z4 tIAAN ItAst: FIRfT NtDDLI) s OCCURRION N. 130.& v m N Mal a l ww 0211111P O 3 M 0 1 M 0 450 O fCHI O 6.1011tt O 7P5. 01 / o • IAL IS f MR o to am- 20 REWXNC5 AODR50 70 CTI stA1E a1 CDA 31 Pat P/q1t a IIT. ( 1 22 N1fM5M AOOIMO/ 34 t7TY soON ZIP cam s NIL F110111 IN WE ' l 1 V OWE In WAS *AIM FIRM A WKQ 70 OGCLvW1D11 r DIOL 41 M 141 Run O 1w O f Nw O 0 01K 0:N 04fM Of011 05Awn 0TPZ O t t D 0 IAL O f V!f O 10 o" 45 FA NDOM AODIfIM M (7111tT011N ZN ODa M 1� NOKt N M, 1 1 N CTI go= aICOA M NALNID! 00 wT: 'AOD11a"" i�f' 1 1 ` 01 coal N NAAtI ILW. FIRST. M NXM N OOCuFffm M a" N NR N Ma O 1 NMr O 2 HIO► O 3 NA OlY 10400 00015 0GAPIN OTPL O I I O fIAL 00YlT 010Ofl`— n 110MoIC[ AODPWAG N CTI aI COA N NLK PION 0D IR: t 1 01 ftN11D0IM N ORY 0550 a►DDA N DA MIDI M WE ADDIISM 1 > N DOA N NATO &W. FMRL NW!" O OCC(s1010N N 130406 N m 704 MON 0 1 T O 210SI 03" 0 IN 01650 O TNMCN O 4.MIN O TILL OII 104PAL OfY5B 0100IH- 71 111fNlNA ADORNM 72 aTr' s5v aI ODA 7f FAL /tali 74 IR: f• 1 79 01.000100 if pry 5n1R aI OOA 7? && 1011 To wT: ADDRESS I 1 >. L1Clllfl� Nom n YIWA N mom M Aloa< 1�sQm 1104 0 404 PIY *0 WA f01M too WHOR l O /OR SO CDIM' fOTROK 7O Nw fOka 0 COLOROtXERt M OTHNICIMIACTN50R00 a alroNTiONO/vNfOLt N O i THEM IN A WR104M70TT(ECRIM N O 1 FI1tGO�MiTS „ 1. ORDER 80WW AT SCM IN: ® O 2 A SUSPECT WA5 ARRNTED O 270OLE 1y O 2 A 5UOPECT WA5 NAMED O 2 TOOL MAIrQgE O 4 GLA55 Z ENTl1Y MADE M C 4 A SUSPECT CAN NE LOCATED O 5 R1MQT ECT CAN ED DESCIMW S NAME Qd1V� C 5 A SUGP ❑ s NIi1.ET t:ANING O F A SUNPECT CAN NE IDENTIFIED O 7 WJLLET D 7 A SUSPECT VEHI= CAN ED COMPIED ❑ $11APE KR 4. RESPON0wr 81GNQ m- ❑ f THERE 15 ID@RIFIASLE STOLIN PROPERTY O 98Ettls/ O f THERE 15 A SK"F CANT MA ❑ 10 SLOOD ❑ 11 ua1NE N C 10 sKIINIFICANr PHYSICAL EVIDENCE IN PRESENT cm PE1woRMED W. O /2 mm ❑ 11 THERE 15 A MAJOR IM URYMM CRIME 14MM ❑ 13 FIREARM NAM A ~ 12 THERE IS A 0000 POSSO LITY Of A SOLUTION ❑ 14 PHOTOGRA" 15 FURTHER INVEST10ATION NEEDED ❑ 15 OTHER (DEBWANIN) NO_ TE_L_ 7 14 CAM 18 GANG RELATED 7 15 HATE CRIM RELATED N TOTAL LOW / DOLLAR AMOUNT ❑ 15 REPRODUCTIVE HEALTH CR51E o ,;'PWM Ar SCE1l: (RAW WAG A 101 1 N PKWm fY N E1RRm lY N DAR 97 REPORTMO OFFICER 110 NO N OAR N lY /1.D 104 100 WE `{ -2 9cx-p PREMSEB SUBSISss C! 1 SANMAV LOAN FINANCE/CREDIT UN 0 2 BAR ❑ 3 CLEANERSILAUNDRV ❑ 4 CONSTRUCTION SITE ❑ STHEATER ❑ s FAST FOODS :3 7 GAS STATION C • HOiEUMpTEL 9 DEPT/DISCOUNT STORE 0 1000WSPORTGOODS ❑ 11 JEWELRY STORE 0 12 LK]UON STORE 0 13 PHOTO STAND D /4 CONVENIENCE STORE 0 1S RM"AURANT 0 /s SUPERMARKET O /7TVA%AOl0 0 19 AUTO PARTS 0 10 BICYCLB SALES 0 20 CAWMORORCYCLE SALES 0 21 CLOTHM STORE C 22 HARDWARE O 23 MEDICAL O 24 OFFICE BUILDING C 2S SHOE STORE C JS WAREHOUIN C. 27 OTHER G 29 AFRRRMB/T C 30 CONDOMINIUM C 31 DUPLEWOUAPLEX C 39 GARAGE ATTACHED 0 31 GARAGE DETACHED a 34 HOUSE 0 35 MOIN I NOW O 39 OTHER O v CHUIICH L 0 O 39 HOSPITAL 0 39 FARIUPLAYGROUND 0 40 PARKING LOT D 41 PUBIC BLJLLDING O 42 SCHOOL O 43 SHOPPING MALL O µ STREET~/ALLEY 7 46 OTHER 0 48 CAMPER ,. 47 MOTOR HOME C 49 PASSENGER CAR C 49 PICK-UP C 50 TRAILER 51 TRACK S2 VAN 53 OTHER - 7 1 POINT OF ENTRY U 1FRONT -2 2 REM U 3906 L'7 4 DOOR u S WINDOW 1.1 9 SLIONIO GLASS DOOR r. l 7 BASEMENT "1 s ROOF rl 9 FLOOR r] 10 WALL Q IIDUCTNENT 12 GAVAGE 13 ADJ. BUILDING . :.: 14 GFIQUNO LEVEL ci is UPPER LEVEL a 19 UNKNOWN O 17 OTHOR 1 NO FORCE UsM Z WINOOIN SMASHED 3 AMIMPT ONLY = 4 BODILY FORCE s SOLT CUT / PLIERS ; a CHANNEL LOCKVIVE 7 SAWAXYLLASUA i •SCREWDRIVER D 9 TINE KION 10 UNK PITY BAR D 11 COAT HANGER WIRE 12 KEY SLIP BMW 0 13 PUMO 1 D 14 ROOM LOWERS 0 13I ICKI110CK t9 HID w BUILDING a 17 WALKED W 0 IS UNKNOWN 0 to OrHIPL- C 1 DOORA.00K FORCED C 2 TRUNK FORCED C 3 WINDOW BROKEN C 4 WNIDOW FORCED- E-. S WMIOOW OPEN C 0 UNLOCKED J 7 UNKNOWN 9 OTHER PHYSICAL CONDITION 17 :3 1 UNDER NFL ALCOHOL! r013 DRUGS 0 2SWANJURED 7 3 SENIOR CITIZEN 7 4 SU D 0 S HANDICAPPED 9 DEAN 7 MUTE /MWIALMEMOTIONALLY IMPMNIM 9OBER 9I PRMNff/AITACKM 11 TRADIMARKS 1707 SUVICTM ACMM 1 1 CASH NOTES C. 1 DEMANDED MONEY C11 L 2 CLOTHESIPUR C 2INPLICTED MWURIES r7 3 CONSUMABLE GOODS ❑ 3 SELECTIVE w LOOT C 4 FIREARMS ❑ 4 STRUCK VICTU r: S HOUSEHOLD GOODS ❑ SALAAM DISABLED a 9 JEWI LACY METALS 0 9 ARSON 11 7 LIVEBTOCK O 7 AMMOIANK ON PREMISES G 4 OFFICE EOUIPMENT U B SLINDPOLDW VC e C 9TVIFI DKICAMERRA BOLN DMAGM C 10 MISCQLANEOUS Z 9 CAT BURGLAR C 11 UNKNOWN = 10 DEFECATEDNRwcrED C 12 OTHER C 11 OWA) D VICTIM FULLY a 12 DISROBED VICTIM PARnALA i► - — a 13 FIRM WEAPON 014 PORRC® VIC TO MOVE , 0 1 SLNPECT GJMA)IID an O = LMODWN / CLSMXID O 1S PORCID VIC 94110 VEHICLE C 3 VICTIM BOU04YT D a is NO SEMI DR9400i O 4 VNCTSM WAARM O 17 MIDREpIONSUSPECTS 0 1010"" tAC'HIDDEN ITEMS 0 • PHOTOGRAPHED VICTIM 0 7 VIC ORALLY COPULATED SUY . 7 IS MAGE TNIR S 320 PL/IClD PpRII w sACKi ww O 9 SUIP ORALLY COPULATM VIC 0 9 RAPE BY INSTMAENT (FOREON C 21 PRRIP"M OUT OBJECTS) c 22 RANSACKED 0 t9 SODOMY c 23 004100CUT CLOTHING ❑ 1 /SUGGESTED VIC COMMIT LEWD C 241U OFF POWER POWWOW ACT 0 A" SMOKED ON PREMISES D 19 INSERTED FINGER 01110 VAGINA d 26 SEARCHED VICTIM r' 13 FORCED VIC TO FONDLE SUN 0 27 S ON= ARMED 0 14 SUN FONDLED VICTIM o uIrm I1XTDIED RETAUATIOPI C 1S MASTLASATED SRF i' 7 U71M ONLY CONBLSAARZS ' Ole ' O 301001L1SCTSYSVE1sCLI D 21 TOR URM supilliuly ONLY 32 UNDER INFLUENCE DRUGS _ 33 USEDDEMANDNE Is MEMBER OF NEIGH W C CM SICV tC No / O 34 LARD LOON OU T Ki 1INEiIBIR of DS#fT7 O s USED OIIV61 as YEE9♦D 0 S9USED MRCFMGWDUS ARTERRESTEDwWATCn7 0601OMEPkI No HAD HOME ARNECTIOM 0 37USIDVICTWONAM O >t U04'VICTBfS DC YES00 No NXICASILMILLOWCASS o sum ftm rs TOOLS 40 VIN NEEDED TO REMOVE PROPEITI/ 41 CUTAXICON NECTED PHONE C 42 CASID LOCRION M043M CRIME 43 FOLLOWEDAMALKED VICTIM a M ORNIR RELATIONSHIP TO SUSPECT C IHUSBAND C 2 WIPE C 3 MOTHER O 4 FIRMER 7 S DAUGHTER ❑ e SON 7 SRDRHM 7 Isom 9 OTHER FAMILY 10ICOUAWTANCI c 11 FRIEND C3 12 BOYMEW O 13 0INUM EW ❑ 14 NEIGHIOR ❑ IS SUM41M ASSOCIATE 19 STP ANGER C 17 UNKNOWN SUSP . PAST. TO BI 1l LEI I 1 CONDUCTING SURVEY C 2 CUSTJCUENT O 3 DELIVERY PERSON O 4 DISABLED MOTORIST 0 s DRUM O 9 EMPWVEEfEMPLOYER ❑ 7 FRIEt0IFISLATNE G 9 ILIAN I)RED c 9 NEED PHONE C 10 POLICE/LAW a 11 RENTER a 12 REPR MilAN D 12 SALE OF ILLICIT GOODS a 14 SALO PERSON D If SISKASSWWACI C 1s SEW DIFIEC TIONIB C 17 SEEKSIG SOMEONE a 19 SOLICIT RJNDB c 19 o7HER C 1 AL)D RE ALAPMI O 2 SILENT ALARM/ = 3 PRIVATE SECURITY PAITROL 04006 O S STANDAw LOOM 0 4 AUXILIARY LOCKS (DEADBOLT. WINDOWS. ETC) 0 7 WIDOW SARSVIANAA 0 4OUTs1DI LKNHTINS an c 9 WSDS USNTO S all. C 10 GARAW DOOR LOCKM G 1100411CURIO ARTERIOR Vow r 12 SECWITY SIGNQIS (N.W. ALARM ETC.) ❑ 13 UNKNOWN ❑ 14 OTHER Is MARITAL STARIIS 1 = 1 SINGLE OTS 2 MARRIED 3 DIVORCED Ci 4 SEPARATED O S ANNULLED ❑ 9 COMMON LAW ❑ 7 WIOOWIER) C $ UNKNOWN 7 9 OTHER • ADDITIONAL NAMES / LAW ENFORCEMENT PERSONNEL ONLY A- ASSISTED AT SCENE C- CRIME SCENE INVESTIGATION F- ASSIGNED FOLLOW-UP OFFICER PAGE P- PERIMETER ASSIST W- WITNESS I HS Ln� V 1 UT I,1NIE I'IM NAME -tN.T f i . ♦ I S•110 N0 1111 -00.1 NAM[ TUSTIN POLICE DEPARTMENT 161 M.E IM.r 4OOREiS •.lir '.TAT[ ZIP rt? ALENI:Y PKINE 300 CENTENNIAL WAY TUSTIN CA 92780 -- _ -- I401:AN -esrKr rrT _-- — _— - ---- — - _- J- - 1 'lLlr v(j 144 cr wE I.$& NAME ILA6TF,6%r NAM 16611 000 lu MSEN[r NAM[ TUSTIN POLICE DEPARTMENT 144 A1:r PN:Y AOORENI rIrY STATE ZIP IM AGENCY PHONE 100 CENTENNIAL WAY N TUSTIN CA 92780 ��� 1 +socAN r[srwv ra n . , IT 1sT coot IW NAME OAST. FIRST NAME) IS310010 164 AGCNCY NA119 TUSTIN POLICE DEPARTMENT IN AGENCY AODRQI CITY STATE aP 1N AGENCY DHOW 300 CENTENNIAL WAY TUSTIN CA 92780 I9 CAN TEST" To IN G4= 1Sf MAW +60 ID N0. 161 A171NCY NA6! 7 TUI{TIN POLICE DEPARTMENT 1E2 AGENCY AD0011N CITY TAT! ZIP IfE AnENCY PHOTN 300 CENTENNIAL WAY TUSTIN CA 92780 IN CAN TEST" /0 IN C001 1N NAW ILMT. FIRST MAME) 161 0 N0. IN AGENCY NAME . TUSTIN POLICE DEPARTMENT 'NCY A Cm srxm ZIP 170 AGENCY PHONE 170 CENTENNIAL WAY TUSTMI CA 92780 ITE CAN relTrti THr 171 Coos 1 n NAME E.AW POW NAAIQ I r6 ID N0. IN ADEN6Y NA6! TUSTIN POLICE DEPARTMENT TTo AGENCY AOOIIESI CITY STATE a. in AGwxv PHONE 300 CENTENNIAL WAY TUSTMI CA 92780 ITS CAN TEETIrY TOe . In con Ito NAM[ NAP PIMP ONTMLI ISL El N0. 1!t AT2INDY NAI# M AGENCY ADOFING CITY STAB a1 TM ADB6frY PHONe IM CAN TffSTNY TQ rM 0001 161 NAM! IUST. FIRST utAMq rN q NO. 160 AGENCY NAM/ 160 AGENC / ADDRESS CRY STATE ZIP Ifl AG[NCY PHONE IN CAN TESTIFY r0* 107 C G01 I 1'14 MAINE d.AST FIRST NAME) +fl •0 NO. IN AGENCY %#AM I187 A(8NCY 400011!!1 CITY STATE ZIP I ?"AGENCY PIHONI 1 N , CAN TESTIFY r0! 20t +WME -L^ST FIRST NAME) i 202 1C NO. i '0.1 AGENCY NAME 204 K:ENI:r a00PE43 -_ CITY STATE ZIP ?ON AGENCY PHONE 21A � AN 'ESTIFY -O '01 ?EMRTMu , •IFFICER • •O NO _ :IA OATo . _G9 APP11uVEL BY : 1D No TUSTIN POLICE DEPARTMENT PAGE ADDITIONAL NAMES cm TPD #IOU 1WV I W2000 2 CODE SECTION 3 CRIME 1 LEPER OTHER REPOM GGG777 a LOCATION a AP9A 1 CODE 0 NAME 0.4417. F011T, MIDDLE) 9 OCCUPATION10 DOL 11 SO1 12 PACE ." 1 WHY 2 NNW a SLK :. 1 M : t IIID =. 5 CM _: a JAP>t 7 FL 1 17:8PSE, 1 P _ 9 VNT 100114 13 RE9IDERCE ADDRESS 14 Cllr 97700 Z!r CODE 10 RES. PHONE 1 1 to Hr: I auslNeN NAME a AooRESE Is CITY soRn Z!r C001 Is suL r1101N N VY1: I ► 21 EMAIL 22 CELL P/LOIN 1 ► » LK EVAN / a< ETIOE 70 MAR s MAK1 n MODEL 0 L: UNRt 2r 4OR 4c PN G= WA IC IM IOC OTHER STYLE I n 2-011 3t: CONY S''1 TRUCE T.: SAN r : MAO _ a, COLo1Vc01O11 30 OTHER CHAl111CTE190T1p a1 OM!OEITIOM OF VRD9u1 a1 CODE 33 NAWNAW9J10T FNIST. MIDDLE) 34 OOClRRT10N N D Oi at Sp 37 RACE a 111117 7: HOP 311A o/ Y 04M . a cI1AAMC 7 PR 0 1 J 'J / P O @PAL C 9VR7• Cis N IESIDEICO AMINING! s CITY SL19R ZIP c00E N IML PHM al NA 01 SUNNIM NAME a ADOIMN q cm 0001 Zr CODE M em PRIOIM M 11IN 1 1 M a1AL 47c<LPIIOIN 1 1 M LICE0 N STATE N YEAH 01 MAN W MOOL � OC INE 2G40R IL" r/U SC 1MN OC M IOC 0T111R KV • STYLE 1❑ 2-011 a❑ COIIII :C 7C 9AN 9c YID M COLORMOU" _ N OTHER pYYUC7HSfTICS N ONPOSRION OF vemom a cO00 N "m MST. FIRST AAI00Lq N OCCUp1TI0NN D OJL 91 MRN 1M INCE G t I7 N :REC 30A C 1 Y 0 0 M = SON _ a JMgO :: 7 PL 0 1 F C 0 RM c 9 VET -10 OTII_ N PEIIDEICO ADDREN M CITY 39471 ZIP COO/ N ML PHONE 1 I 1T Summon NAM A MINING N am NoOR zr 000E N NUL PIIOIM 79 WR 1 1 t1 OML 71 CLL /1101M 1 1 73 LICEN910 70 75 YEAR 79MAN 77 MOOL T000Y M OC; t 2C4M1 40 PVI 60 WIN SO RV ISO OTHM NTrLs 10 24M SO COIN 9CTMM TG 1/19 90 AaID +* 79 cp plyppL OA N OTHER CHARMTE0111I0E p 01lONfION 01 tIMNLE ti N c00N N WISA! 9JINT FIIMt: IAIDDI tl M OOCUPMT1019 N a" M Sp a7 "Am O 1 WN► O 21� Do NLIL ❑ t Y O 4M 0 SON C 4AWN O 7PL 00 / P O 0 PIN. O 91AR c TOOTIL M RpIDMIC! ADOIMN M OIY SSr1 ZIP Om N ML P1109M N RIR • 1 1 N NUMN MAMA A1701MN N CITY 01111E ZIP 0001 M SUS. P1101M N WT! 1 1 N MAL 97 CELL PHONE i 1 N LICE1010 N SPATE 100 YEAR IN MMM IN AAOOM. 110 or- 11M 2 ^ "m -6z: mu a c W W or_ PY IOC DTHEI SMi 1 C 74111 SC CONY a CTPNK:K 7C SAAR 9C LAIC 104 COUMVCOLOR tN OTHNRGIAPACTESNTICS /N ONPONTIONOPVENM IN COTE IN NAME M.W. mm. ME)" 1N OCCUPA M 110 0.O.N III 99][ : 1 NMF = :LEEP = NLK I O 1112PAGN t Y _ 4 WD 7 f G0 7 a JAPE C 7010. 1 P C 9 PML 7 9 vN7 _ 1007" 113 RE/10EMM ADDIMN 111 CRY 0710E ZIP CODE 116 IME. PMOIN t 10 "r 1 ► ttT SU09LESSNAaMaAD01NN i/9 CRY S1P01 ZIP COOK tt9 NULN109N 120WT. 1 1 IM EMAIL 122 CELL PHONE 1 123 uceNE 0 124 RATE 120 YEAR 126 MAKE ITT MODEL 'go 0 C UNK 2.7 44M I'_ PIU a ;: VAN a •', RV 10 _ OTHMI STYLE 17:24M 3 - CONY S -. TRUCK V.. SIW 9:7 MIC — 729COLONCOLOR 130 OTHER pYMACTOP09TICS1T ON011TIONOFV9HKLS TUSTIN POLICE DEPARTMENT INFORMATION REPORT CR 08-3207 I received an e-mail from Community Development regarding Rodericks, 14131 Redhill Ave. This e-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 $5 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 am. and 1:00 am. Fridays. It was also explained to me that it is an ABC violation to allow ladies into an establishment for free while charging 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 further information on this surveillance, the conversation with ABC, and the Rodericks promotion. On 0424-089, 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 Nigh," "Shots On Us," "Free `Til 11PM - $5 Af%r" `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 ' parking lot. Officer and OfficerTwent into Rodericks in w the Roderick's p g an undercover capacity. They were patted down by the bouncer and charged a five dollar cover charge. They later reported seeing three females enter and not paying a cover charge, hence the promotion advertising ladies enter free. VM 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. r 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 Sas 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 r and r spoke with the bouncer. The bouncer never made reference to _ 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. (5) 2.11 All ban shall function as food an4 beverage service. and _ purchased beer at approximately 2145, 0016, 01069 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 bartenderm a kitchen fferen bat'tender. They approximately ere told the 2320 hours, they attempted to order food kitchen was closed They attempted to order food at 0020 hours from a third bartender. They were again told the kitchen was closed (7)2.14 At least 80% of the premises shall & condiment dispen en & used to serve meals. Must possess necessary utensils, table service to serve meals. _ and NW 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 (714-655-2709) 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. � and ' urchased 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. S 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 ares" 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 burning marijuana coming from the Rodericks men's restroom. During our first surveillance on 4-11-08, 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 =1 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 -09-2808 10:5'9 SANTA PM __ P.02 BEFORE THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL C,/� F i4ob 3 Z OF TAE STATE OF CALIFORNIA In the Matter of the Application of: File: 47-442707 HUSTON Matthew Roderick HUSTON Therese Louise DBA: Rodericks 14131 Red Ilill PET1T101y FOR Tustin, CA 92780 CONDITIONAL.. • _ LI ' For issuance of an On Sale general Public Eating Place License Undcr the Alcobolie Beverage Control Act WAEREAB, petitioner(g) hu&m filed an application for the issuance of the above* -referred -to license(s) for the above-mentioned premises; ar>rd, WgEgEAg, the privilege conveyed witb the applied -for license requires that the petitioners) operate(,) the prcmiees, in good faith. as a Bona Fide Public Eating Place; and, WHEREAS, the proposed. promisee and/or parking lot, operated in conjunction therewith. are located within 100 feet of residence(s); and WgEAEAB;;;;a- issuance of the applied -for license without the below -described conditions would interfae with the quiet ani of the pr'opaq by nearby resident$ and constitute grounds for the d=W of the application undo the provisions of Rule 61 A, of Chapta 1, Title 4, of the California Code of Regulations; and, WHEREAS, the proposed premises is within 600 feet feom Frontier Park; and, WHERL450, issuance of an unrestricted License without the below -described conditions may iatacd'ere with the public use of the above-mentioned consideration Point: nod„ . WHERLeA3, the issuance of an unrestricted lieensc would be contrary to public welfare and morals; NOW THEREFORE, the undersigned petitioner(s) do/does hereby petition for a conditional license as follows, to -wit: O1. Sales, service and consumption of alcoholic beverages shall be permitted only between the boors of 09:00 a.m. and 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. initi ABC -172 (2100) ApR-09-2008 10 59 SANTA Wei P.03 HUSTON Matthew Roderick CV - 0 ob 3 w iflisTON Theresa Louiao 47-442707 Pop 2 02. The quarterly gross gales of alcoholic beverages shall not exceed the gross sales of food during the same prod. The licensee shall tet all times maintain records which reflect separatesly the gross We of food and the gross sales of alcoholic beverages'of the licensed business- Said records shall be kept no le" frequently than en a quarterly basis and shall be made available to the Department on demand. 03. There shall be no more than seven (7) amusement machines, video game devices or pool table ruwnta'red upon the premises at any time. (25) fw of the exterir of the premis" 04. Atertaiament provided shall not a'sde�a�od on the ABC-2beyond twenty57 dated 07-24-06 and ABoC-?S dated under the control of the licensee(,,) ase 07-24-06. 05. lbac shall be no topless male or female performer,,„ or fashion shows penaitted on the -premises at aAy time. 06. The petitlonar(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted on the ABC -257 dated 07-24-06 and ABC -253 dated 07-24-06. parking lot of the premises small be equip with lighting of sufficient power to illuminate and 07. P nr'ble the appeasnee and c educt of all persons on or about the parking lot make easily and use of an Additionally, the position of such lighting shall not disturb the normal Privacy Y neighboring rWde WAM This petition for conditional license is made pursuant to the provisions of Sections 23800 through 23805 of the Business and ProfcuiOm Code and will be carred forward in any transfer at the epplieant premises. Petitioners) agree(,,) to retain a copy of this petition on the premises at all times and will be prepared to produce it immediately upon 9W request of any peso offiow. The petitioner(s) understand(s) that any violation of the foregoing conditions) shall be grounds for the suspension or nwoaon of the license(s). DATED THIS DAY OF IX Appli etitioner neC-in (21 TOTAL P.03 I Nw10 DrNfik rrozmal-ofis rn:scfits -Ev�:-nj fribxi.1 Fro�i,i 9;oJr,m to 2a00%aff1 ? a a 4 DJ -0h -D will b c oft the is & s ,iflfiiflS Hip -Hop & R&B,.\Il fii lit!! 14I 3 I Rc Hill Avc ' Off tlw i FNvil ' Tt is tl* fi, CAs MySpace Page 1 of 3 '"ySoace.com �/� — �� 1 Privacy i rasp Home I Browse I Search I Invite I Apps I Mail I Blot's I Favorites I Forum I Groups I Events I MySpaceTV ( MUSK I Comedy I CtassIfieds MySpaa Events Events Nome I create Event 1 My Calendar CLUB 71a/ Pea" M THE PREBIDENT1111 Add to My CoWndaw MOatN lrtt NataNa V. !-mill Wha• Login to RSVP to ab event frrfdat' ]an 2S, 2008 at 8:00 Aly Wkeran Club 714 *An el - ks 14131 Red MMI Ave. SPREAD THE WORD— Tustin, 92780 thia view Ma' ' Euln thta 21+ and ever Cksk, Casual Attire. With D3 sldPkick/ Inbrscgm a JIM ReCeNa a Dj OM- D COME 30IN Us THIS FRIDAY 0 CLUB 714 We have Dl. Sidekick W/ Inbrseops &)M Records in da Hage S 1" ON -O Hosted BY NataNe V. MUSIC NO Hop/ ROM Fully Stocked ear and Sn"" Patio Free Entry AN N19M WNh Guest list. For More Info cell me at :714-396-3746 NotaNa V. or email nil at natallov0dumtertalnmeneproup.com ' 1 need names and last names of Guest attentirq. For Bottle Service or LlrthdaY pates please let me know adept 2 Hours In advance. 'THIS IS THE NEW SPOT IN THE OC EVERYONE IS STARTING TO TALK ABOUT'... Come Party With UslII ladles Dress Sexy and Men Left Get K cracking TK ENTERTAINMENT PRESENT6 TFM /iAAlli OFI nOBD HAfI BEEN MOVED a r in ff D MySpace 00 71� tE:ENTi . 21 +WITH -, VALID ID - EVERY FRIDAY 19:OOPIA - 2:OOAM �.�FREE `TIL 11 PM -. $5 AFTER CASUAL DRESS CODE RODERICKS 14131 RED, HILL AVE.:;; • TUSTIN,.CA-..92780 DRINK SPECIALTALL NIQHT!ll+j MUSI' SHOTS O_ DJ SIDEKICIG'� DJrl-yi� -DH • E NATALIE VAJ SIDEKIC lbifD - Event Guests 5 Attending + 15 Guab (20 Total ) Vlew AN : » Attending » Maybe 0 Can't make It » Not Responded own in Page 2 of 3 MySpace Page 3 of 3 lesponses and Comments Displaying 2 of 2 Comments) Add a comment San 25, 2006 7:06'11 I will be attending with 4 Guests Tan 23, 2006 11:16 AM I will be attending with S Guests an& to TN Add a comment A/d CeaNlnet .. Atli I EAG 11011111111 B!hf='esar I NdMEJlsa I Contod HISON I Ad"M@ I I 1111182w LATIN 02003-2000 MySpau.com..AN Rights Reserved. QALt4vff -3ZQ-1 Exhibit Community Development Department City of Tustin May 14 2008 y 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 Dear Mr. Huston, On July 21, 2006, City staff met with you regarding 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 'de Enforcement Officer ,:ity of Tustin Enclosure: Resolution No. 99-29 [Exhibit $"my A. I w w. I r N L.aw 104 wo Lawrence Friend CPAs Associates, CPAs, Inc. Coroaltanu May 21, 2005 Matthew Huston, Owner Ruderick's 14131 Redhill Ave. Tustin, Ca 92780 Dear Mathew. N.i My firm received a request to document the Weakdoarn of RoderWs revenue. For the period May 1, 2007 through May 1, 2008 sales totaled 1497,103.77. Food sales were 5263,897.25 (53.1'x)6 alcohol, beer and wine sales were 5233,206.52 (46.9'1). 1 hope this information is belpfidL if you need additional kdormation please call. Sincerely, FN4 �44 wreaoe Friend, (SPA 13301 Flidt Dc Santa Ann, California 92705 ' Facsimile 0 Tcicpboac'. ® E -.Mail M EExhibit 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 V08-0298 Dear Mr. Huston, TUSTIN BUILDING OUR FUTURE HONORING OUR PAST On May 22, 2008, City staff received your audited financial statements separately identifying gross sales if food and gross sales of alcohol from May 1, 2007 - May 1, 2008. However, in the letter dated May 14, 20089 ty 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 19 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. .ode Enforcement Officer Exhibit Lawrence Friend ' CPAs B� lsmwi2tes6 CPAP, Inc. comuhma Ju= 24, 2008 Matthew Huston, Owner Roderides 14131 RedihttU Ave. Tustin, Ca 92750 Dear Mathew: V.I My &M mceivW a regnatto documad the 6s+ WWown OfP-OdWWS revmw. For the period January 1, 200= *n n nit May 1.2008 saks haled S124,37M Food sales wane 563,12700 (50:75'x) alcolmi, beer and wine Sala ire 561,251.60 (49.25'X) - I hype titin information is hcVfu . If you need sdditi and infer Dation please call. Sincerely,. /'• Lawrence Friend, CPA 13301 FIN ft Soft Am% CsUhmb 92700 Exhibit c,* o�y 1 NO SUSPECT INFO TUSTIN POLICE DEPARTMENT 2 A ACTIVE 4 CRI NO PROSECUTION DESIRRD S SUSPENDED INSURANCE RkPORT { 300 CENTENNIAL WAY U ) R RECORDS - COURTESY REPORT TUSTIN, CA 92780 DOMESTIC VIOLENCE 1 K COURTESY 'AS MOTIVATED '• FEL S pEFE�+oT►'ER ::. a 00 (REV 4/06) MI30. � � ^(� CRIMEANCIDENT REPW#j MIS iNF10ENTUIL SEX CRIME �. • `e coos RECTION 7 CRIME/INCIDaNT TYPE a PPIMARWCOUMTI 0 sEcoNDA1tY-CouNT6 to oTMEA-COUNTS 11 oTNEII-COUNTe 4 Nild L 13P" L ' y2Zrv� W 12 SPlCNFIC LOCATION OF CRIME 13 OCCUR OIORNriMB1 14 DATE 'uH 15 DAY, to TIME I i3 iZE� �- �t.� J i�' • ,--� 08(1 E a 1 7 i3 v V 17 FIRM NAME W IoeNbr4 S DATE RPTo 19 nME RR 20 AND 21 DATE 22 DA 23 TIME I �.t , t 36 IZ c., �� �2 c.. S v v (U A 24 NAME (LAST. POW. MIDDLE) 25 OCCUPATION 26 D.O.E. 27 SEX 29 RACE IWM - 2 MMI/ 3 SIX ' ' 1 M _ 4 ILD : S CHI a JAPH 7 F 1 F . S PISL 9 VIET . 10 OTH ,. . ?o RESIDENCE ADDRESS 30 CITY STATE Zip CODE 31 REM 3 . PHONE ( 1 33 BUSINESS ADDRESS 34 CRY STATE ZIP CODE 30 SUS. PHONE 3e Wr. 1 1 .. 35 CELL PHONE 37 E-MAIL 1 1 39 coca 40 NAME %AST. FWAT WINE" 41 OCCUMnON 411 D O.E. 43 SOI 44 RACE 1 MMT : 2 NAEP 3 MILK = 1 M =4 m _ S E)6 = 9 JAPN .�. 7 FIL C31 F = S P = 9 VHET : 10 OTH — N RESIDENCE ADDRESS 46 CRY STATE ZIP CODE 47707 48 M: t SO CRY STATE 2M 000E EUI PHONE Y VTR` 49 BUSM1ESi ADDRESS 1 1 63 E -MAL M CELL PHONE 1 1 K CODE Se NAME ILAST FIRST, MIOOI.A 57 OCCUPATION 39 D.O.E. S9 9Q N RACE _ 1 WMT _: 2 HISP = 3 ELK 1 M _ 4 IND ".: S CHI S JAPN C 7 HL 1 F Z e PTL. : 9 VIET _. 10 OTN e1 RESIDENCE AOO11W q CRY STATE WOODS q RES. PHONE M 1 1 _ S9 BUSINESS ADDRESS ` N CRY n DP CODE • W SUE. PHONE ( 1 N wr 70 CRL PHONE M 94AAL 1 71 COOS 72 NAME %LAST.FIRST MIODL, 73 OCGIMiIOM 74 D.O.E. 79 SOI 711RAOE =11 WHT = 2 HIM C 3 BLK ::. 1 M I C 400 '_: S CM 9 JAPN C ?PL �. 1 F = S P19L •= f YET _ 10 OTH _ 77 ROMMOCE A0o11BE 79 CITY STATE WOODS 79 IIB. PHONE Hr 1 1 et RlSINBS ADDIlN a CRY STATE DP ODDS q 1R L PITONS k wr ( 1 M CRL RHONE M E AeI1L I' I h LICENSE e N STAR • 90 MAKE M EL MOD 92 0 = UN K 2=4 -OR 4 = PIU 9 = VAN 9 = 1111 /0 C OTHER STYLE 1 a 2-M 3 -COW S:_TIIUCK T -= RIW 97: MIC CNAIIACTSRTICS q DI9P06RION OF VBNCLE 93 COLOR/COLOR OPCOTHER EE 2 A SUSPECT WAS A 9e - 1 THERE 18 A WITNE/FIED D 97 = 1 FINGERPRINT'S 2 TOOLS N 1. ORDER SERVED AT SCENE BY: PE a - 3 A SUSPECT WAS N 3 TOOL MARKINGS J ENTRY � PM 4 A SUSPECT CAN B - 4 �� s2. _, 5 PAINT 3. NAME OF PERSON SERVED: 5 A SUSPECT CAN B ". 6 BULLET CASING 6 A SUSPECT CAN B - T BULLET 7 A SUSPECT VEHICTIFIED THERE IS IDEINTROPERTY B RAPE KIT - 9 SEMEN S as 4. RESPONDENT SIGNATURE6 V 9 THERE IS A Sy4WICANT M.O. _ 10 BLOOD 11 URINE CSI PERFORMED BY: 10 SIGN PHYSICAL EVIDENCE IS PRESENT too 11 THEA A MAJOR INJURY/SEX CRIME INVOLVED - 12 HAIR _ 13 FIREARMS NAME A P6, 12 TH IS A GOOD POSSIBEJTY OF A SOLUTION 14 PHOTOGRAPHS _ 13 _ER INVESTIGATION NEEDED _ 15 OTHER (DESCRIBE) RTES: CRIME IS GANG RELATED /15 HATE CRIME RELATED R TOTAL LOSS / DOLLAR AMOUNT6 REPRODUCTIVE HEALTH CRIME I t01 SUP , NE: RAnR nAMc � n""' – I'7 dun neereo i of w[f_ 103 DATE 104 APPROVED BY / 10 NO POS DA I`IIEMISES 7 1 POINT OF ENTRY S i PROPERTYMTTACKED 11 BUSINESS 1 BANKP;AV LOAN FINAW..EIGHEDIT UN 2 BAR 3CLEANERS/LAUNDRY 4 CONSTRUCTION SITE 5 THEATER 6 FAST FOODS 7 GAS STATION 8 HOTEI./MOTEL 9 DEPT /DISCOUNT STORE 10 GUN/SPORT GOODS 11 JEWELRY STORE 12 UOUOR STORE 13 PHOTO STAND 14 CONVENIENCE STORE 15 RESTAURANT 18 SUPERMARKET 17 TV/RADIO IS AUTO PARTS 19 BICYCLE SALES 20 CAR/MOTORCYCLE SALES 21 CLOTHING STORE 22 HARDWARE 23 MEDICAL 24 OFFICE BUILDING 25 SFIOE STORE 26 WAREHOUSE 27 OTHER 28APARTMENT 29 CONDOMINIUM 30 DUPLEX/FOURPL.EX 31 GARAGE ATTACHED 32 GARAGE DETACHED 33 HOUSE 34 MOBILE HOME 35 OTHER-___.. -- _--- ____ - N 36 CHURCH 37 HOSPITAL 38 PARWPLAYGR NO 39 PARKING LOT 40 PUBLIC BUI NO I 41 SCHOOL 42 SHOPPI MALL ! 43 STREET /ALLEY 44 OTHER _ 45 CAR.1 R 46 MOT R HOME 47 PA ENGER CAR 48 PI K -UP 49 AILER VAN OTHER 6 SLIUING GLASS DOOR I 1 FRONT 1 CASH NOTES :REAR I 2 CLOTHES/FUR J SIDE 3 CONSUMABLE GOODS 1 DOOR 4 FIREARMS 5 WINDOW i 5 HOUSEHOLD GOODS 36 CHURCH 37 HOSPITAL 38 PARWPLAYGR NO 39 PARKING LOT 40 PUBLIC BUI NO I 41 SCHOOL 42 SHOPPI MALL ! 43 STREET /ALLEY 44 OTHER _ 45 CAR.1 R 46 MOT R HOME 47 PA ENGER CAR 48 PI K -UP 49 AILER VAN OTHER 6 SLIUING GLASS DOOR I NO 6 JEWELRY METALS 'BASEMENT i 04 .. NO 7 LIVESTOCK B ROOF /OUSINESS 06' NO USINESS INSPECTION? 10 ACOUAINTANCE B OFFICE EOUIPMENT 9 FLOUR I 3 MOTHER 10 WALL i 3 DIVORCED 9 TV/RADKO/CAMERA I 1 DUCT/VENT 4 FATHER 10 MISCELLANEOUS 12 GARAGE 4 BUND 11 UNKNOWN 13 ADJ. BUILD04G12 13 GIRLFRIEND OT 14 GROUND LEVEL 6 SON 15 UPPER LEVEL CRIMESIDNLY 16 UNKNOWN 1 SUSPE CLIMAXED 17 OTHER . _. 2UNKN IF GUMMED 1 NO FORCE USED 2 WINDOW SMAS 3 ATTEMPT ONLY 400 DILY FORC 5 BOLT CUT / ERS 6 CHANNEL OCK/PIP WREN E GRIPS 7 SAW ILUa' 6 SCR 9 TI IRON 10 NK PRY BAR 1 COAT HANGER WIRE 2 KEY SLIP SHIM 13 PUNCH 14 REMOVE LOWERS 15 SRWAMIOCK 16 HID IN BUILDING 17 WALKED IN 18 UNKNOWN 19.OTHER_..----_---- 1 DOORIIOCK FORCED 2TRUNKf0RCED 3 WINDOW BROKEN_ - 4 WINDOW FORCED 5 WINDOW OPEN a UNLOCKED 7UNKNOWN a OTHER _ _ .._.... .. 4 VIC INJURED 5 COV VICTIM FACE a VICTIM 7 VIC Y COPULATED SUSP as ORALLY COPULATED VIC 9 BY INSTRUMENT (FOREIGN SUGGESTED VIC COMMIT LEWD ACT 12 INSERTED FINGER INTO VAGINA 13 FORCED VIC TO FONDLE SUS 14 SUSP FONDLED VICTIM !:. 13 MASTURBATED SELF _ 18 OTHER. OF NEIGH ATCH? I 17 ! RELATION" TO SUSPECT NO OF OP TION IDENT? 04 .. NO INTERESTED WATCH? /OUSINESS 06' NO USINESS INSPECTION? 10 ACOUAINTANCE 08 ' NO CRN I PAGE r SPECTS) ACTIONS 1 DEMANDEDMONEY 2 INFLICTED INJURIES I 3 .SELECTIVE IN LOOT 4 STRUCK VICTIM 5 ALARM DISABLED 6 ARSON 7 ATE/DRANK ON PREMISE B BLINDFOLDED VICTIM BOUND/GAGGED 9 CAT BURGLAR 10 DEFECATED/URINATED 11 DISROBED VICTIM FULLY 12 DISROBED VICTIM PARTI 13 FIRED WEAPON 14 FORCED VIC TO 15 FORCED VIC INTO FRICL 1a HAD BEEN DR 17 INDICATION n 18 KNEW LOC HIDDEN 19 MADE 20 IN SACIVP 21 EXIT 22 R ED TRADEMARKS SUSP .PRET. TO BE � 1 CONDUCTING SU EY 2 CUST./CLIEN IOELIVERY RSON ! 4 DISAB MOTORIST 5 OR S 6 E OYEE/EMPLOYER SUSPECTS ITEMS 23 IPPEDJCUT CLOTHING SHUT OFF POWER 25 SMOKED ON PREMISES 26 SEARCHED VICTIM 27 SUSPECT ARMED 29 THREATENED RETALIATION 28 TOOK ONLY CONSlNMABLEC 30 TOOK VICTIMS VEHICLE 31 TORTURED 32 UNDER INFLUENCE DRUGS 33 USED DEMAND NOTE 34 USED LOOKOUT 35 USED DRIVEJI 36 USED MATCHK,ANDLE 37 USED VICTIM'S NAIVE 38 USED VICTIM'$ 39 USED VICTIM'S TOOLS 40 VEH NEEDED TO REMOVE PROPERTY 41 CUT-USCONNECTED PHONE 42 CASED LOCATION BEFORE CFO* 43 FOLLOWED/STALKED VICTIM 44 OTHER 8 ILLIINJURED 9 NEED PHONE 10 POLICEA AW 11 RENTER 12 REPAIRMAN 13 SALE OF ILLICIT GOODS 14 SALES PERSON 15 SEEK ASSISTANCE 16 SEEK DIRECTIONS 17 SEEKING SOMEONE 18 SOLICIT FUNDS 19 OTHER 1 AUDIBLE ALARM 2 SILENT ALARM 3 PRIVATE SECURITY PATROL 4 DOG 5 STANDARD LOCKS 6 AUXIUARY LOCKS (DEADBOLT. WINDOWS. ETC) 7 WINDOW SARIVORILLS 8 OUTSIDE LIGHTING ON 9 INSIDE LIGHTING ON 10 GARAGE DOOR LOCKED 11 OBSCURED INTERIOR VIEW' ICO MMERCIAL/BUSWESS) 12 SECURITY SIGN Q (N.W. ALARM ETC.) 13 UNKNOWN 14 OTHER PHYSICAL CONDITION 17 ! RELATION" TO SUSPECT 1 UNDER INFL. ALCOHOL/ 1 HUSBAND 9 OTHER FAMILY 1a MARITAL STATUS 1 SINGLE DRUGS 2 WIFE 10 ACOUAINTANCE 2 MARRIED 2 SICK/INJURED I 3 MOTHER 11 FRIEND i 3 DIVORCED 3 SENIOR CITIZEN I 4 FATHER 12 BOYFRIEND I 4 SEPARATED 4 BUND I 5 DAUGHTER 13 GIRLFRIEND 5 ANNULLED 5 HANDICAPPED 6 SON 14 NEIGHBOR 6 COMMON LAW 8 DEAF I 7 BROTHER 15 BUSINESS ASSOCIATE 7 WIDOWIER) 7 MUTE ! 8 SISTER 16 STRANGER 6 UNKNOWN B MENTALLY/EMOTIONALLY 17 UNKNOWN 9 OTHER i ;MPAIRED 3 OTHER _. ' I , ADDITIONAL NAMES / LAW ENFORCEMENT PERSONNEL ONLY A- ASSISTED AT SCENE C- CRIME SCENE INVESTIGATION F- ASSIGNED FOLLOW-UP OFFICER P- PERIMETER ASSIST W- WITNESS 173 NAME#.AEi RM N,"" 1740M 136 JOE 136 NAME ILAST.136 IONO. 110 AGENCY HAMS A gal TUSTIN POLICE 08%mmm TUSTIN POLICE DEPARTMENT 141 AGENCY ADDRESS Cm STATE ZIP 142 AGENCY PHONE 300 CENTENNIAL WAY ---;Y7 TUSTIN CA 92790 (� tq CAN TESTIFY TO: SQ �" R i5 Se Cv2 T ,76 CAN TEETrY T@ 144 CODE 145 NAME T FIRST NAM 146 ID NO. 147 AGENCY NAME - /7f CODE 1N HAAR p A6T, FIRST TUSTIN POLICE DEPARTMENT 144 AGENCY ADDRESS I CITY STATE ZIP1M AGENCY PHONE 300 CENTENNIAL WAY TUSTIN CA 92790 150 CAN TEBTMY TO: _ SILLAr1c IN AGENCYADOIRSS CITY 151 CODE 152 NAME ItABT. FIRST NAM4 ?! 163 IONO. llo7, j. rAli f1 154 AGENCY NAME 1 Incm Town"I'm J 1./6Q 7�dPJ 1 l- TUSTIN POLICE DEPARTMENT IN AGENCY AGGRESS CRY STA7E ZIP 156 AGENCY PHOME 300 CENTENNIAL WAY TUSTIN CA 92780 160 AGENCY ADDRESS 167 CAN TESTIFY TOe PATaoJ STATE 2P th AGENCY PHONE tAA,T t-JA IN COOS t 160 D N0. 161 AGENCY NAME TUSTIN POLICE DEPARTMENT 162 AGENCY AOOIRSS CRY STATE a IN AGENCY PHONE 300 CENTENNIAL WAY TUSTIN CA 92780 1M CAN TESTIFY TO: A ZIP 1N AGENCY PHONE IN CAN TEBTTFY TP. 106 COOK 1N NAME #A=r FM6T mumtRoma 1N AGF NAME TUSTIN POLICE DEPARTMENT trs AGENCY AOOIRN CIT' STATE ZIP 170 AGENCY PHONE 300 CENTENNIAL WAY TUSTIN CA • 92780 205.AGENCY PHONE PAGE 2- ,�� A .- L) j-8o N TEST" TP. 172 CODE 173 NAME#.AEi RM N,"" 1740M 170 AGENCY NAME TUSTIN POLICE 08%mmm 176 AGENCV ADDRESS CITY STATE ZIP 177 AGEiCY P/q1E 300 CENTENNIAL WAY TUSTIN CA 92780 ,76 CAN TEETrY T@ - /7f CODE 1N HAAR p A6T, FIRST 161 E NG. 162 AGENCY NAME 0 ZA e) IN AGENCYADOIRSS CITY wrxm ?! INN llo7, j. rAli f1 sr. 1 Incm Town"I'm J 1./6Q 7�dPJ 1 l- , ' (2 . In COON 137 NAME FAST. FART NAM in ID NO. 1N A(iENDY NAME 160 AGENCY ADDRESS CRY STATE 2P th AGENCY PHONE 1N CAN TESTIPY TO: in CODE 16r NAME #.AST. FIRST N"m 1 N 1D NO. 1 N AGENCY NAME 107 AGENCY ADDRESS CRY STATE ZIP 1N AGENCY PHONE IN CAN TEBTTFY TP. 201 NAME#.AST. FIRST NAME) 202 ID No. 7- 203 AGENCY NAME .�. .4NCY ADDRESS CRY STATE ZIP 205.AGENCY PHONE 218 CAN TESTIFY TO.. 2011, DATE 206 APPROVED BY / ro NO. 210 DATE _.r% .I 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, 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 S from the Orange Police Department. They both - acted in an undercover capacity, wearing plain clothes. wand 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. 1� and 'stood approximately 10 feet away from the front door in the outside patio area for approximately 10 minutes. They held their drinka 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 and _ 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 CRS 08-5805 S 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 & used to serve meals. Must possess necessary utensils, table service & condiment dispensers to serve meals. At approximately 2215 hours _ 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, S did not see anyone eating or ordering food. At approximately 2245 hours, _ and S 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 S 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 Ile ounce of marijuana. �lllll declined, but thought the bouncer's offer was sincere, based on r 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 S arrived. M 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 rcontact. 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 12:00am 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 0105 hours' asked the bartender what time they closed. The bartender stated the business closed at 0200 hours. At this time S 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 ( 4M1i(;t• 1,NK ho"ACK `E"NI •GLAMpto.Is FN •"ROYAtTy Lrrr. � 4 WIN F � 7 f.� Rodencks . 14135 Red Hili 1 e. 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MySpace.com - View Image - Seduction Night Club - Photo 6 of 7 Status: (none) Mood: neutral (D (Update) Home I Mail v I Profile v I Friends v I Music I Videos I More v i iii photos I Upload Photos Seduction Night Club - View Photo Every Saturday Babie!!! Previous I Next Post A Comment E -Mail to a Frlend ©Share Report This Image Page I of 1 i Webo Search My Account I Sign Out Back to Profile Back to Albums Forbidden by rating check You are not permitted to access the URL http://promos.web date-com/geo/custom/ho m prg=&url=&id=webdatej oin&a=myspaceM oapara msZEQUALZ2_ban neridZEQUAL due to the policy of your organization. If this is an error, then you should contact your local security gateway administrator. Llakz ko tha photo Photo URL: http://viewmorepics.myspace.com/ind Copy Photo code: copy it to your profile <a href="http://viewmorepics.myspac( Copy Sponsored Links 1 Pimp My Profile Free Layouts, Backgrounds & Glitter - Download them Now for Free! 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MySpace.com - View Image - Seduction Night Club - Photo 7 of 7 Status: (none) Mood: neutral Q) (Update) i nme I Mail v I Profile v I Friends v I Music Videos More v w Photos I Upload Photos Seduction Night Club - View Photo �4611 C� Previous I Next Post A Comment E -Mail to a Friend Share Report This Image Page 1 of 1 Webo Search My Account Sign Out Back to Profile Back to Albums Links to the photo Photo URL: http://viewmorepies.myspace.com/ind Copy Photo code: copy it to your profile <a href="http://viewmorepics.myspac( Copy Sponsored Links Pimp My Profile 100% Free Backgrounds & Layouts - Download them Now for Free Webfetti.smi leycentral.com About I FAQ I Terms I Privacy Policy I Safety Tips I Contact MySpace I Report Abuse I Advertise I MySpace International ♦ I MySpace Latino ©2003-2008 MySpace.com. All Rights Reserved. Exhibit MySpace.e®m - RIGHTEOUS 1,"i J G - 29 - Dale - FULLERTON, CALIF® - www.myspa... Page 5 ®f 13 Here Cllck here to view It full size and send me one back! r � i See more stickers Share this sticker! ird `L `1s_�1x If, '2 Pt '4--Y BOY ''JUST Si OWIN , Ou SUM Jul 2 M)8 10 4£n PM .Jun 15 2008 9'45 AM -�f r May 31 2008 2 10 PM Hey RIGHTEOUS KING, I just bought you as my PET! Click here to find out how much I think you're WORTHI us This comrm,E nl was sent by your Mend via the .0 (p_ Your Frlendal application. To Wej, axwwrtis sent via Apps. c-icA bm. May 28 2008 1 59 Pki C) wussup soon comin by tv show yo j_kige sum love no hodlio too ghost DONEDEAL CASH BE TFIE OREIA [F.xhibit Tustin Dining: Roderick's - OC Register t.t ..:...;.ts, 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 5: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 AS SCHEDULED ***BANQUETS AND CATERING AVAILABLE Tags: restaurant, jazz, comedy, dancing, brunch, dinner, lunch, live entertainment, bars, tustin.sports ^reator: 3taurant Details ierican 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. 1 1A - MID Fri. 1 1A - 2AM Sat. 11 AM - 2AM Sun.10AM - 11:30PM Payment Mastercard, Visa, American Express Location & Nearby Info 14131 Red Hill Ave., Tustin, CA, 92780 Return Map data 02008 Tele Atlas - Terms of Use Page 1 of 2 [F.xhibit .s 6 7 s.. 9 10 11 12 13 14 15 16. 17 18 19 20 21 22 23 24 2s 26 27 2s 29 RESOLUTION NO. 99 29 A* RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING.CONDITIONAL USE PERMIT 98-029 AUTHORIZING ON-SITE SALE AND CONSUMPTION OF BEER, WINE AND DISTILLED SPIRITS (LICENSE TYPE 47) AND LIVE ENTERTAINMENT I IN CONJUNCTION WITH A NEW RESTAURANT LOCATED AT 14131 RED HILL AVENUE I. 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 4131 Red Hill Avenue, Tustin. B. That a public hearing was duly called, noticed and held on said application on February8, - February 22, and March. 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 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 working in the neighborhood of such proposed use nor be a detriment to the ppro arty and Improvements In the neighborhood of the subject property, nor to the ger~eral welfare of the Cit of Tustin as evidenced by the following findings: 1. The.. proposed 'project as conditioned, complies with adopted 9uideffnes for alcoholic beverage sales establishments which have been established and considered 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 alcob. otic- beverages for off- site consumption is Prohibited except as. authorized in the Business and Professions Code Section 23396.5. 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 will be prepared. on the premises. 5. Granting of a temporary use permit to allow up to five coin operated games, two pool/billiard 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 pooVbiiliard tables. Granting of the temporary use 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18, 19 20 21 22 23 24 25 26 27 28 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 Commercial (9-1) zoning district. Therefore, no sexually oriented businesses will be conducted on the premises. 7. All persons serving beer, wine and distilled spirits will be eighteen �21Ayearsof age or older and supervised by someone twenty-one 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 in the 150 seats is proposed. F. That - this project is Categorically Exempt from the requirements of the Califomia 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 the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element. II. The. CRY 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 entertainment 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 thele day of April, 1999. City Clerk THOMAS R. S ARELLI Mayor EXHIBIT A RESOLUTION NO. 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 int accordance. 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 "Agreement: 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 shalt' hold harmless and defend the City of. Tustin from all claims and liabilides•arising..out of a challenge of the City's approval of this pmjea (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 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 compllance 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 ..r (1) STANDARD CONDITION CERA MITIGATION 3 UNIFORM BUILDING CODEIS 4 DESIGN REVIEW (5). �SQuON�3r BAGENCY S6j `ENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit 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'subjddto 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 associated with any necessary code enforcement action. 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 thebar. stools, coin operated video games, and the poollbilliard tables temporarily approved. herein for a period.of no more than six months. The amount. of said security 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 pool/billiard 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 9e 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 consumed 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 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. (2) 2.5 The menu of.the restaurant shall consist'of foods that are prepared on the premises. Exhibit A Resolution No. 99-29 Conditional 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 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 entertainmenUand public dancing shall be located 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 distilled spirits (ABC License Type- "47') is contingent upon .the use of the subject premises remaininga restaurant. Should this use change or be discontinued, authorization: for this :use permit is null and void. (7)- 2.10 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 pooVbilliard table regulations have :been adopted, which ever time frame 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. coln operated video games and two pooVbilllard 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 arepermitted. 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 (10), days ' .of the . Planning Commission's determination at the owners sole expense. ' (5) 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 entertalnment.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. Exhibit 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 frequently than once each day that the business is open. (1). 2.1.7 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 'fixtures 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 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 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 lighting at_ exterior doors, driveways, and parking .areas shall provide a minimum of one (1)foot-candle 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 fora trash enclosure 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 six (6) feet' in height and comply with 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. A new 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 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 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, Tffle 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 the 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 permk 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. W29 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 CommunityDevelopment Department, a cashier's check payable to the COUNTY CERK 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 pedod.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 theprovisions of. the California Environmental. Quality Act could be significantly lengthened. sues-zsu..dw . STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION NO. 99-29 RESOLUTION CERTIFICATION 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 COUNCILMEMBER ABSENT: Pamela Stoker, City Clerk Saltarelli, Worley, Doyle, Thomas None None Potts.: EExhibit BUSINESS PERMIT nFaoQTMFNT OF COMMUNITY DEVELOPMENT Name of Applicant: MATTHEW R. HUSTON Address of Applicant: 930 S. KEENE DRIVE LA HABRA, CA 90631 BUSINESS NAME RODERICK'S ADDRESS 14131 REDHILL AVE. TUSTIN, CA 92750 PERMIT ISSUED FOR: LIVE ENTERTAINMENT DATE PERMIT ISSUED DECEMBER 59 2006 Permit subject to Conditions attached. Z�� eftly� . A --- Elizabeth A. Binsack, Director Community Development Department Hy DaAg-1 o Business License Technician 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: 1. 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 Chief 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 officer 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 permit 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 transfer or 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. 'Permit to Operate Conditiol 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 Code 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. P-- MATTFIEW\R. HU—S 12- Z-L(o DATE SIGNED LIVE ENTERTAINMENT PERMIT SUPPLEMENTAL Please type or print NAME OF APPLICANT M&kjhc �,� DATE 7 •—Q �, BUSINESS NAME V,00r2ACA&'% EXACT LOCATION WHERE ENTERTAINER WILL PERFORM—(address as well as actual physical location on the premise's`) i u i s t1 ► 0.*A , ► 1 A.,a.,.., ._ �� ► i�t,./va •L�' _ _ '� .- _c.=,.•1tlu un DESCRIBE THE EXACT TYPE OF LIVE ENTERTAINMENT PROPOSED J PROVIDE THE NAMES OF ANY CO-OWNERS, PARTNERS, SILENT PARTNERS, FINANCIAL SUPPORTERS AND OR INVESTORS IN THE BUSINESS APPLYING FOR THIS LIVE ENTERTAINMENT PERMIT. If more space is needed please provide list on a separate sheet of paper. LIST ANY OTHER NAMES BY WHICH THE APPLICANT IS KNOWN OR HAS DONE BUSINESS AS A "dba", please include nicknames. IS THE STAGE OR ENTERTAINMENT AREA PROPOSED OPEN TO VIEW FROM OUTSIDE THE PREMISES yes noX_ IVY Community Development Department i 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 witbin 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 Cbnditional 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 be responsible for costs associated with any necessara, code enforcement actions. F=. wive entertainment and public dancing snail be iocatec entirehf within the Interior o; the restaurant during normal business hours. G. No sex uallx, oriented businoec Shall he con -ducted con the premises V J J. Y ./ .+V� V i • v 'V �/1 V Vf,V �,/.I the '..1 VI• VV• Sa.,.. . at 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 Larry Smith the owner of record of the Bourbon Street Restaurant and shall be non -transferable. A new 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 ✓' Elizabeth A. Binsack Director of Community Development LL: eab/bourbonstentpermiLdpc Rei / Resta, eah1; shy La mith, -Ari Pr es, Bourbon Street Restaurant C , i Ail;- _ mow. DEM- - J " � 4r < <' ,•y...•y, ^�, :r .S f �•r. ' .' !:: yr' ,K wi v s tr r - .'X :a� - ,}•� J fir. si " , 'r. N t i; a net a Ann }'i 5 {1 J'- Y•' '-•:9vrr t?:; Y. Jin .•SQW.AT 3051 /N'• yx �- xv • i� ¢.. ' tf ar. • .. • .. r a 'f s 1 921, Twin A �Y is ' a x :r ' .53.1'^:' •Sr j' _ _ i. ITS Ops Tram ft {4. S� R. ► .. Cares - .s . yf: ' � •,�, r T � .p �9k�t rt rtJ. lys'` nSF .I /�.••'• � .y_ _ F•k + t;¢ Y: - I �( nnl�t]� undcw+elo , : ; Less Ls ech' .. .•`y '+ni`.i�.;! - lam. � .. ��f 0 0 xhlbit RODERICK'S ACTIVE (, $0.00 14131 RED HILL AVE. TUSTIN, CA 92780 10/09/2006 100778768 A 58 City of Tustin Business License Detail Listing Business Information BASED ON GROSS RECEIPTS Eating and Drinking Places C1/SCR 10-05-06, RESTAURANT (FULL SERVICE) Properties C1/SCR License Information 01/01/2008 12/31/2008 License Fee 0 0 Penalty Fee 0 $600,000.00 $0.00 0 0 0 Owner Information Y Sole Proprietor $80.00 $20.00 100.00 Paae 1 08/19/2008 City of Tustin Business License Detail Listing RODERICK'S ,**Not, Owner Information 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 NO. 65297 TAX & PENALTY 10/09/2006 11:01:21 AM 25.00 CC LIVE ENTERTAINMENT APPROVED 11-05-06 Page 2 08/19/2008 RODERICK'S City of Tustin Business License Detail Listing License History From: 10/09/2006 To: 0811912008 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 ($25.00) $100.00 01/01/2008 12/31/2008 License Fee 80.00 Penalty Fee 20.00 Transaction History From: 10/09/2006 To: 08/1912008 $100.00 $0.00 $0.00 Dann Z no14n1-%nno 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 $0.00 Dann Z no14n1-%nno [F.xhibit 7 RealQuest.com ® - Report Property Detail Report For Property Located At 14131 RED HILL AVE, TUSTIN CA 92780-5833 aQuf-co Owner Information: Owner Name: WILSON HUBER G Mailing Address: 3185 MORITZ DR, HUNTINGTON BEACH CA 92649-1877 C005 C/O OLD TOWN INC Phone Number: Vesting Codes: Ltion Information oca Legal Description: IRVINE SUB LOT 34 BLK 11 POR OF LOT TR 361 County: ORANGE, CA APN: Census Tract / Block: 755-11212 Alternate APN: Township -Range -Sect: Flood Panel Date: Subdivision: Legal Book/Page: Map Reference: Legal Lot: 34 11 Tract #: School District: Legal Block: M k t Are a• Munic/fownship: ar e Neighbor Code: Owner Transfer Information: Recording/Sale Date: / Sale Price: Document M Last Market Sale Information: Recording/Sale Date: / Sale Price: Sale Type: Document #: Deed Type: Transfer Document #: New Construction: Title Company: Lender: Seller Name: Prior Sale Information: Prior Rec/Sale Date: / Prior Sale Price: Prior Doc Number: Prior Deed Type: Property Characteristics: Year Built / Eff: 19701 Gross Area: 3,991 Building Area: 3,991 Tot Adj Area: Above Grade: # of Stories: 1.00 Other Improvements: Site Information: Total Rooms/Offices: Total Restrooms: Roof Type: Roof Material: Construction: Foundation: Exterior wall: Basement Area: Zoning: Acres: Flood Zone: X Lot Area: Flood Panel: 0602350277H Lot Width/Depth: Flood Panel Date: 02/18/2004 Commercial Units: COMMERCIAL Building Class: Land Use: BUILDING Tax Information: Total Value: $232,467 Assessed Year: Land Value: $18,854 Improve %: Improvement Value: $213,613 Tax Year: Total Taxable Value: $232,467 Deed Type: 1 st Mtg Document #: 1 st Mtg Amount/Type: 1st Mtg Int. Rate/Type: 1 st Mtg Document #: 2nd Mtg Amount/Type: 2nd Mtg Int. Rate/Type: Price Per SgFt: Multi/Split Sale: Prior Lender: Prior 1 st Mtg Amt/Type: Prior 1st Mtg Rate/Type: 0.16 6,860 x C 2007 092% 2007 Garage Area: 432-041-17 IRVINE 23-F3 / 830-05 361 TUSTIN UNIF Garage Capacity: Parking Spaces: Heat Type: Air Cond: Pool: Quality: Condition: County Use: State Use: Site Influence: Sewer Type: Water Type: Property Tax: Tax Area: Tax Exemption: Page 1 of 1 COMMERCIAL (3) $3,449.52 13001 California Business Search DISCLAIMER: The information displayed here is current as of AUG 15, 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 i tti'1t1C Of StAt6 DEBfi-•�, B(--)wET-I LARRY R SMITH DISCLAIMER: The information displayed here is current as of AUG 15, 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 I of 1 0 a1 Q) .r - U) U7 M M a0 O co r- 04 N Os Q U Z_ F— U) H W 1 J ti 0 M v 00 O N I - (D N U THIS A14P WAS PREPARED FOR ORANGE 432-04 CWNTY ASSESSOR DEPT. PURPOSES LWL Y. THE ASSESSOR MAKES NO GUARANTEE AS TO ITS ACCURACY NOR ASSUAES ANY LIABILITY _ 14 FOR OTHER USES. HOT TO BE REPRODUCED. RE ALL RIGNr5 C O COVYRIGHr OORANGEDCOUNTY ASSESSOR 2007 05 A UTT A ' / : i $ OR/VE 'v TRA T .A« IRVINE k © O O O ® II TZ Ix I AV. 6J 61 FRONT/EN AU!K / 12 3 14 J 6 A O Q 11 = 100' 4.7aw(C! •7 13 Y �pW PAR. LOT 34 /•BI AC. W A O BLK. II P w. /6-23 3 O A ttr• f ! arv.n• �•�'� ,u. ass ' O too - p•• 't `� POR. LOT 34 O Is � 42 ONEE# w � O o + O QI = 2.56AC. 1 Z VALLEY J �sy • s, /.51 AG AYE + SUB. V o O $ ® 0.541 AC. fWY F7Y . Q .6 a 4 , V1 +sass +a k0" zt4.a' I nasi• tar ii.+iii n. u+.n a } r RED NIL a o $ AVENUE y g 03 �4O MARCH 1968 IRVINE SUB. M. M. 1-88 d NOTE - ASSESSOR'S BLOCK A ASSESSOR'S MAP PLAT N0. 1 L.A. 1-64 PARCEL NUMBERS BOOK 432 PAGE 04 TRACT N0. 061 M.M. 238-21 SHOWN IN CIRCLES COUNTY OF ORANGE Exhibit 0.6 co 1> 00 e .n• ._.dam`-$' .. _. ... -_:;_ � .. -`^'" - _.. - ' 71 0 i b�n 0 a a I M r oot -�fj � � m �� 2&22 / 7 � z ƒ\ » v z v � �� 0 0 64,