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CITY OF SAN BE~RDINO - REQUESTQOR COUNCIL ACTION
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From: Daniel A. Robbins
Subject:
Appeal of Decision by
police Commission to deny
operator's permit - Desert Inn
Dept: police
Date: 03/09/93
Synopsis of Previous Council action:
None
Recommended moti.on:
The Mayor and Common Council uphold the decision of the Chief of Police
and police Commission to deny an operator's permit for Jack and Linda
Liao to operate the Desert Inn Motel.
A/ fL L"r, C2i'U
Ignature
Contact person:
Lt. D. Snell
Phone:
384-5655
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
o
Source:
Finance:
Council Notes:
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Agenda Item No - ~
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CITY OF SAN BE~RDINO - REQUESTQOR COUNCIL ACTION
STAFF REPORT
The application of Jack and Linda Liao (aka Wen-Hsuing and Lo Tsai Liao)
for a permit to operate the Desert Inn Motel, conforming to San Bernardino
Municipal Code 5.82, was recommended for denial by the Chief of Police. A
hearing regarding the denial was brought before the Police Commission on
November 30, 1992.
During the hearing, Jack and Linda Liao were present and represented by
Attorney Sing Chang. The Police Department was represented by Frank L.
Rhemrev, Deputy City Attorney. The Police Commission, after hearing the
testimony and examining the proofs presented, denied the appeal of Jack
and Linda Liao and upheld the decision by the Chief of Police.
During the hearing, the following findings were presented:
1 _ Mr. and Mrs. Liao obtained the Desert Inn in 1980 and operated it
approximately 7 years.
2 - In 1987, the city adopted San Bernardino Municipal Code 5.82, which
requires operator's permits.
3 _ All current owners, including the Liaos, were grandfathered an opera-
tor's permit.
4 _ On December 8, 1982, Jack and Linda Liao had each plead Nolo Contendere
to charges of Penal Code 664/316, which is attempting to keep or
keeping a disorderly or assignation house (a plea of Nolo Contendere
has the same effect as a guilty plea).
5 - In July 1992, Jack and Linda Liao reacquired the property and applied
for an operator's permit. During the interview for the operator's
permit by Community Service Representative R. Harps, Mr. Liao twice
denied ever being arrested or convicted.
6 _ From August 1984 to February 1988, there were 82 incidents to which the
Police Department responded. These incidents included assaults,
thefts, robberies, burglaries, drugs, stolen property, and prostitu-
tion. All occurred on the business premise of the appellant and were
related to the method and manner the appellant operated his business.
7 _ Mr. and Mrs. Liao also own and operate the Seven Crowns Motel in the
city of Orange. Mr. and Mrs. Liao I s desk clerk at the Seven Crowns
Motel rented a room for one hour to a San Bernardino police officer
after being told the room was for prostitution.
San Bernardino Municipal Code Chapter 5.92 says an operator's permit will
be issued only upon finding that:
"The applicant has not been convicted of any felony or crime of moral
turpitude or been found in violation of laws or a regulation in a govern-
mental quasi-judicial proceeding when the facts underlying such proceeding
or conviction show a nexus between the crime or violation and the par-
ticular business operations or indicate the lack of qualities essential to
protect the public health, safety and welfare in operations under the
permit."
75-0264
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"There were not prior significant arrests or police investigation concern-
ing sexual misconduct, illicit drug transactions, "fencing" activities or
related crimes occurring on and related to the operation of the business
premises of applicant."
"The applicant has not knowingly made any false, misleading or fraudulent
statement of fact in the permit application process, or on any document
required by the City in conjunction therewith."
CONCLUSIONS
It was found that:
Both Mr. Jack Liao and Mrs. Linda Liao have been convicted of a crime of
moral turpitude and they have significant prior arrests or police investi-
gations concerning sexual misconduct, illicit drug transactions and related
crimes in and around the Desert Inn Motel during their ownership and Jack
Liao, in the application process, denied his arrest and conviction. Due to
the previously listed reasons, Jack and Linda Liao do not qualify for an
operator's permit.
Attachments are available in the City Clerk's Office.
Minutes of Police Commission meeting
Police background investigation:
Operator's permit application
Police report
Memo by Lt. Jarvis
Letter from City of Orange
Prior conviction docket
Computer printouts and miscellaneous information
1987 application