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HomeMy WebLinkAbout24-Community DevelopmentCD TABLE OF CONTENTS 2. CUP 93-14 3. CUP 00-17 (Amended Conditions for CUP 93-14) 4. Hudson Preliminary Injunction Notice, Points and Authorities, Order 5. Hudson Order-Granting Injunction 6. Hudson Declarations 1 1. Officer Anthony Castro 2. Officer Elizabeth Contreras 3. Officer Janie Cozine 4. Officer Tiffany Emon 5. Officer Richard Everett 6. Assistant Chief Mark Garcia 7. Officer Jennifer Kohrell 8. Officer Ricardo Landeros 9. Officer Jose Loera 10. Officer Ernest Luna 11. Terri Rahhal 12. Officer Anna Stewart 13. Gerald Williams 14. Lisa Williams 7. Hudson 2"d Set of Declarations 15. Officer Gerald Beall 16. Officer Joshua Cogswell 17. Officer Toby Reveles 18. Officer Arturo Reyna 19. Officer Joseph Valdivia 20. Officer Jesus Vega 21. Officer Anthony White 8. Hudson Reply Declarations 3-3-10 22. Deputy City Attorney Richard Luczak 23. Sgt. Randy Wilson 24. Sgt. Rob Young 9. Hudson Supplemental Declarations 3-8-10 25. Lt. Gwen Waters 26. Deputy Fire Chief Mat Fratus 10. Hudson Supplemental 2 Reply Declarations 3-23-10 27. Fred Faridian -President, Everest College, San Bernardino Campus 28. Officer Ernet Luna -San Bernardino Police Department 29. Luke Vasquez -General Manager, SB Raceway CD TABLE OF CONTENTS Page 2 11. Hudson Motion for Closure, Points and Authorities 12. Hudson Exhibits Re Closure Motion 1. Order Granting Preliminary Injunction, filed April 9, 2010 2. Certified Reporter's Transcript of Hearing on Motion for Preliminary Injunction, March 30, 2010 3. Declaration of Margaret Sherman in Opposition to Motion for Preliminary Injunction, filed February 22, 2010 4. Supplemental Declaration of Margaret Sherman in Opposition to Motion for Preliminary Injunction, filed March 18, 2010 5. San Bernardino Municipal Code, Chapter 9.68 -Curfew 6. Email message from Roger Jon Diamond, Esq. acknowledging Hudson Theater Allows minors on premises after curfew 7. Constitutional law flyer distributed at Hudson Theater 13. Hudson Declarations Re Closure Motion 1. Officer Edward Andrade 2. Officer Brent Baker 3. Officer Anthony Castro 4. Officer Joshua Cogswell 5. Officer Elizabeth Contreras 6. Reserve Officer Michael Eckley 7. Officer Tiffany Emon 8. Sergeant Jeff Harvey 9. Officer Andrew Honeycutt 10. Officer Shaun Jarvis 11. Officer Ricardo Landeros 12. Officer Edward Lee 13. Officer Dominick Martinez 14. Officer Ronel Newton 15. Officer Brian Pellis 16. Officer Anna Stewart 17. Officer Serbando Saenz 18. Officer Jesse Shank 19. Officer Kevin Silbaugh 20. Officer Ryan Thornburg 21. Officer Patrick Woolweaver .` ~l 1 l City of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Applicant: Owner: ACTION Conditional Use Permit No. 93-14 Caravan Property Management Corad Baker for Simchowitz Co. Meeting Date: June 22, 1,993 X Approved Conditional Use Permit No. 93-14 subject to the Findings of Fact (Attachment "B"}, Conditions of Approval (Attachment "C"), and Standard Requirements (Attachment "D"), with a revision to Condition #11 (as distributed to the Planning Commission and the applicant), and a deletion of Condition #12 of the Building Division Standard Requirement. VOTE Ayes. Affaitati, Cole, Gonzales, Ortega, Romero, Stone, Traver Nays: None Abstain: None Absent: None The decision of the Planning Commission is final unless a written appeal a written appeal is filed, with the appropriate fee, within 15 days of the Planning Commission's action, pursuant to Section 19.52.100 of the Municipal (Development) Cade. I, hereby, certify that this Statement of Official Action accurately re lects the final determination of the Planning Commission o e City of San Bernardin . Z e D e Al Boughey, Director of Planning & Building Services AB/dm Attachments cc: Project Applicant Project Owner Plan Check Engineering Division .-Case File '•~ CITY OF SAN BERNARDiNO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY AGENDA ITEM ~ HEARING DATE 6-22-93 WARD 3 ~~ W N a (? H N W d W W a Conditional Use Permit No. 93-I4 APPLfGANT: Caravan Property Mgmt 500 Kinley N.E. Albuquerque, NM 81702 owNER: Corad Baker for Simchowit 3415 S. Sepulveda B1, #31 Los Angeles, CA 90039 To establish a theme night club (country western) in an existing 44,764 square foot tenant space in a multi-tenant commercial center. Night club will .include on-site sale and consumption of alcohol (beer, wine & well-drinks), live entertainment, disc-jockey, dancing and billards. Located on the southwest corner of Caroline Street and Waterman Avenue at 295 E. Caroline Street. PR02ERIl Subject North South East West EXISTING LAND USE zQ~j~y~ Commercial Center CR-3 Mixed Commercial CR-3 Industrial Warehouse/Vacant IL Vacant CR-3 Wholesale Commercial/ CR-3 Vacant GENERAL PLAN DESIGNATION Commercial Regional Commercial Regional Industrial Light Commercial Regional Commercial Regional GEOLOGIC /SEISMIC ^ YES FLOOD HAZARD ^ YES ^ ZONE A SEWEfiS: 1~ YES HAZARD ZONE: ~] NO ZONE: ~ NO ^ ZONE B ^ NO HIGH FIRE © YES AIRPORT NOfSE/ ^ YES REDEVELOPMENT ^ YES HAZARD ZONE: ~ NO CRASH ZONE: ~ NO PROJECT AREA: ~ NO J I- Z U~ w~ ~z o° _~~ 7 z W [~ NOT APPLICABLE ® EXEMPT Class 1 POTENTIAL SIGNIFICANT EFFECTS WfTH MlTIGATfNG MEASURES NO E.E.R- ~ E.I.R. REQUIRED BUT NO SIGNIFICANT EFFECTS SMITH MITIGATING MEASURES ^ SIGNIFICANT EFFECTS SEE ATTACHED E.R.C. MINUTES ^ NO SIGNIFICANT EFFECT5 Z 0 I- a ~o Q W N ~ f..~ W ~ APPROVAL ~ CONDITIONS ^ DENIAL ^ CONTINUANCE TO C~ .µ ~,~.~ ainnn~awr`mq~aincfs PLAN-9.A2 PAGE 7 OF Y (490) Attachment "C" CITY OF SAN BERNARDINO PLANNING CASE cuP93-14 _ _ _ _ _ AND BUILDING SERVICES DEPARTMENT AGENDA ITEM ~O~D~~~~~~ HEARING DATE 6-22-93 PAGE 11 l~_____ nonstruction shall be in suhstantia] conformance with the plans s s apnr.o~-ed b~• the Director. Development Re~-ie>w° Committee, Planning CommisGion or Mayor and Common Cour~ci 1 Ali nor modification to the nlan(sf shall he subJect to anpro~-a1 h~• the Director throurrh a minor modification permit process. Anc modification which exceeds IU% of the following allowable measurable design/like considerations shall require the refiling of the original application and a subsequent hearing b~• the appropriate hearing review authority if applicable. 1. Dn-site circulation and parking. loading and landscaping: 2. Placement and/or height of walls, fences and structures; 3. Reconfiguration of architectural features, including colors. and/or modification of finished materials that do not alter or comprotrtise the previously approved theme: and. 4. A reduction in density or intensit~• of a development project. ___2______ Within one year of development approval. commencement of construction shall hare occurred or the permit/approval shall become null and void. In . addition, if after commencement of construction, Work is discontinued for a period of one vear, then the permit/approval shall become null and void. Projects may be built in phases if preapproved by the review authority. If a project is built in preapproved phases. each subsequent phase shall have one year from the previous phase's date of construction commencement to the next phase's date of construction commencement to have occurred or the permit/approval shall become null and void. Project :_Conditional_Use Permit Noy 93 X14 _~______ Expiration Date: June 22, 1994 ~~inu nwnNa~"''O~'OS[~cer PW~1-g.D9 PAG3E 1 OF 1 1~f Page 1 of 7 ~ I i ..~ C1TY OF SAN BERNARDINO PLANNfNG CASE cuP AND BUILDING SERVICES DEPARTMENT C~NDIT~~DNS 93-14 AGENDA ITEM _ .~_ __ _ _ HEARING DATE 6- 2 2- 9 3 PAGE 12 3. __ __ The re~'iew authorit~• ma~•, filed 30 days prior to the good cause, grant one time 12 months. The re~•iew out the project complies kith Cede provisions. upon application being expiration date and fnr extension not to exceed horit~• shall ensure that al l current Deg=elopment _~_44____ Tn the event that t. his appro~~al is legall4- challenged, the City will promptly= notifc the applicant of any claim or action and will cooperate fully in the defense of the matter. Once notified, the applicant agrees to defend, indemnify. and hold harmless the Citv, its officers, agents and employees from ans= claim, action ar proceeding against the Gity of San Bernardino. The applicant further agrees to reimburse the City of any costs and attorneys' fees rahi:ch the City- may he required by a court to pay as a result of such actin^, but such participation shall not relie~-e applicant of his or her obligation under this condition. __5~______ !tip ~•acant, relocated, altered, repaired or hereafter erected structure shall be occupied or no change of use of land or structuretsl shall be inaugurated, ar no new bu~ines~ commenced as authorized by this permit until a Certificate of dccupancy has been issued b~- the Department. 4 temporary Certificate of pccupancy may he issued by the Department subject to the conditions imposed on the use, provided that a deposit is filed with the Department of Public Works prior to the issuance of the Certificate of Occupancy. The deaasit or security shall guarantee the faithful performance and completion of all terms, conditions and performance standards imposed on the intended use by this permit. Prior to the issuance of a Certificate of Occupancy, the landowner shall file a maintenance agreement or covenant and easement to enter and maintain, subject to the approval of the Cit~• Attorne~~. The agreement or covenant and easement to enter and maintain shall ensure that if the IandoNner, or subsequent os~nerts), fails to maintain the required/installed site impro~~ements, the City will be able to file an appropriate h en(s) against the property in order to accomplish the required maintenance. r ~n~n.,n.,ur~"~'OV°a PLAf~~~O PAifi~ 1 OF 1 i~1 CITY OF 5AN BERNARDINO PLANNING case cup s3-~4 AND BUILDING SERVICES DEPARTMENT AGENDAlTEM CC~ND~TI~NS HEARING DATE ` i~AG E ____5~_____ This perms t r~r a~~prnt'al is Gutiject. to the ~ttarhed conditions or requirements of the folla~ing Cit.~- Departments or Divisions: X Fire DeF~artment Parks. Recreation ~ Cr.>mmunitt- Ser~-ices Department X X Building Sereices Di~~ision of the Planning and Building Sereices Department Police Department Public Sereices {Refuse) Department Public Worsts De part~oent {Fngineeringl Water Department ®„~ ~ PLM1-eAp PAGE r OF ~ {~ CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CC3NDITI~NS CASE _CUP 93--4 AGI=NDA ITEM HEARING DATE 5-22-93 PAGE 14 7' This permit or approval is subject to al] the _________._. applicable provisions of the Development Gode in effect at the time of approval. This includes Chapter 14.2D - Property Development Standards, and includes: dust and dirt control during construction and grading activities; emission control of fumes, vapors, gases and other forms of air pollution; glare control; exterior lighting design and control; noise control; odor control; screening; signs, off-street parking and off-street loading; and, vibration- control. Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until they are complied with. Any exterior structural equipment, or utility transformers, boxes, ducts or meter cabinets shall be architecturally screened by wall or structural element. blending with the building design and include landscaping when an the ground. A sign program for all new commercial, office and industrial centers of three or more tenant spaces shall be approved by the Department prior to the issuance of a Certificate of Occupancy. This rer;uirement also includes any applicable Land Use District Development Standards far residential. commercial and industrial developments regarding minimum lot area. minimum lot depth and width, minimum setbacks, maximum height, maximum lot coverage, etc. __~_' _ _ Thi4 de~~elopment Rival l hP required to maintain a ~~ minimum of _1,49 __ standard off-street narking spaces as sha-+=n on the approved plan{s) on file. ~~^""O~'~~ ?LAN-BD~ SAGE 1 OF 1 X4-00} ,,.°', CONDITIQNA~ `fSE PERMIT NO. 93-14 ~.' AGEN_DA ITEM: ~r __ HEARING DATE: 6-22-93 PAGE' 15 ATTACHMENT "C" 9. The establishment of any use in the remaining vacant space in the commercial center shall require a parking verification to accompany the required application (Development Permit, Conditional Use Permit, etc.) for the use. In any case, no less than a Development Permit (Type I) shall be filed for verification of parking. For the establishment of any use in the center remaining open past 5:30 p.m., a revised shared parking analysis shall be provided as a part of the required parking verification to ensure na conflict exists between the proposed use and existing uses in the center, including the night club. 10. Any extension of operating hours by an existing use in the center later than those currently established shall require a Development Permit (Type I) Parking Verification to include a revised shared parking analysis to ensure that no parking conflict is created by the change. 11.. . An}. sge~i.al events- -held- at tY~e might club- outside- ~t~prepesed-- operating~QUrs.of Wedne}~ t~i~'eugla-sux~s~ay,--.~:~4-p-.~-. ~~0-9-~09-- ~:m.- -s~ial~~.-be- -su}~}act- .~o ~ ~.e~~i ems. -aRd, ~gp~'.c~val- -0€- ~a• ,Te~pcara~ Use Permit Application. In addition to the requirements oUf l~=#~ee~~ ~i~r -G'ha~er- 3~-: ~ ®~ ~ -thy -i3eve3-apment -Codes -whir regard to - -Tempe r~z ~ .-gam, - -Pe ~-rrt s ; , -~ dc~oumen-tat3t~ - -mad- -- -fie - -rewired -e-x~33~xt.ing-- tie--~ai3-a~ri3~-~of--.ed,egt~a~e_-parking'---fvr--tine d~ura~tan- -af` -thy - s~pee i-~~ - -ero*err~.- - _ _ A~ - ~mpora ry- - U~ - hermit submi.-ttc:d- ~ f or- -~a- -spec-i~l ~ ~ve~at~ - si~l: i - ~e - ~-o~t.e€~ - to- -the` - Fi~~ ~?ega~~men-t ,- - - , po-i: lee-, - -Bep~rtmerr~ -- - fErr - - - d~eterrrri~ati~rr - - -acrd Goa~-~~Ra~ i~ox- t}€ - a~egu-at-e ~ 3~tgres~s-f eggs ~ - -c~rowr~; - bra ff~-e~ - ar~d par]~i.r~g-.control.,., ~xrd_ Qge~cy -ser-Wises-.- - -At -1 east -t~i~-qty-dates -1: ead- ~:i-me- s~rot~i~ ~ ~2t1 i~o~,*ee1- €t~ ~roe~sa ~.ng -prior tca- the -evers~. 12. "No loitering" signs shall be pasted in the parking lot with management enforcing the signs. 13. Exterior lighting shall be sufficient and properly maintained to illuminate all areas of the exterior of the building and parking lot for easy detection of all suspicious and criminal activity. 14. Entertainment provided shall not be audible beyond the area under control of the licensee. 15. Security shall be provided and maintained at all times as described in the letter dated June 2, 1993 from Toomey & Associates. All of the security guards will be properly licensed by the State of California. _. '`. CONDITIONAL USE PERMIT NO. 93-14 Replace Condition No. 11 on Page 15 of the Staff Report with the following: 11. Any special events proposed to be held at the night club between the hours of 1:30 a.m. to 5:00 p.m., Sunday through Saturday, shall be subject to review and approval of a Temporary Use Permit Application. In addition to the requirements outlined in Chapter 19.70 of the Development Code with regard to Temporary Use Permits, documentation may be required exhibiting the availability of adequate parking for the duration of the special event. Any Temporary Use Permit submitted for a special events shall be routed to the Fire Department and Police Department far determination and coordination of adequate ingress/egress, crowd, traffic and parking control, and emergency services. At least thirty days lead time should be allowed for processing the Temporary Use Permit prior to the event. Delete Building and Safety Division Standard Requirement Na. 12. The building is presently existing. This standard requirement is only for construction of new buildings and was inadvertently added by Building and Safety. Attachment "D" OL~NT/~ UR CITY OF SAN BERNARDINQ -.. ;~U~/.U~ STANDARD REQUIREMENTS FIRE DEPARTMENT REQliIREMENTS Case ~ (l ~~ _ / J Nearing pate -~4- 9 Reviewed By GENERAL, REQULRE~VEENTS: ,~ Provide one extra set of construction plans to Building and Safety for Fire Department use at time of plan check. 1 . ~ Contact Fire Department for specific or detailed requirements - IMPORTANT. The developer shall provide for adequate Fire Flow as computed by [he Fire Prevention Bureau. Fire Flow shall be based on square footage, construction features and exposure infotTttation assuppliedby thedeveloperandmay betaken from twohydrants.The must be available prior ro placing combustible materials on site. ACCESS: ~~ Provide two separate, dedicated routes of ingresslegress to the property entrance. The routes shall be paved, all-weather. Provide an access roadway to each building for fire apparatus. Access roadway shall have an al]-weather driving surface of not less than ?0 feet of unobstructed width. Extend roadway to within l50 feet of all portions of the exterior walls of all single-story buildings. Extend roadway to within 50 feet of the exterior walls of all multiple-story buildings. 2 ~ ~ Provide "No PARKING" signs whenever parking of vehicles would possibly reduce the clearance of access roadways to less than the required width. Signs are to read "FIRE LANE- NO PARKING" (AEI caps). "M.C. Sec. 15.16." ;~ Dead-end streets shall not exceed 500 feet in length and shall have a minimum 35 foot radius turnaround. i.._ The names of any new streets (public or private) shall be submitted to the Fire Department for approvaE. SITE: ,J All access roads and streets are [o be constructed and usable prior Eo combustible construction. 3 • ~ Private fire hydrants shall be installed to protect each building located more than I SO feet from the curb line. No Gre hydrant should be within 40 feet of any exterior wal I. The hydrants shall be Wet Barrel type, with one 2 112 inch and one 4 inch outlet, and approved by the Fire Departmem. Fire hydrants are to be protected form damage by providing suitable traffic barriers. The area around the fire hydrant shall be designated as a "NO PARKING" zone by painting an 8 inch wide, red stripe for IS feet in each direction in front of the hydrant in such a manner that it will not be blocked by parked vehicles. 4 • ~' Public fire hydrants shall be provided along streets at 300 feet intervals for commercial and multi-residemial areas and at 500 feet intervals for residentia€ areas. Installation shall conform to City specifications and be installed prior to combustible construction or storage. BUILDING: ~ • ~ Address numerals shall he installed on the building at the front or oche ,approved location in such a manner as to be visible from the frontage street. Commercial and multi family shall be six inch, single family shall be 4 inch. The color of the numerals shall contrast with the color of their background. `' Identify each gas and electric meter with the number of the unit which it services. 6 ~ Fire extinguishers must be installed prior to the building being occupied. The minimum rating for any Fire extinguisher is 2A !0 • B/C. Minimum distribution of fire extinguishers must be such that nointeriorpart of the building Is over75 feet trove[ distance from a fire extinguisher. Apartment houses with more than I S units or hoteE (motel) with 20 or more units three or more stories in height shall be equipped wish automatic fire sprinklers. All buildings, other than residential aver 5,000 square feet, shall be provided with an automatic fire sprinkler system, designed to NFPA standards. 7 , ~ Submit plans for the fire protection system to the Fire Department prior to beginning construction on the system. g ~ Tenant improvements in d11 sprinklered buildings are to be approved by the Fire Department prior to construction. : 9 Provide an automatic fire alarm {required throughout}. Plan must be approved by the Fire Department, prior to instal€a[ion. 1 ~ ~ Fire Department connection to (sprinkler system/standpipe system) shall be required at ey,~e. I~P~I~rGy~Q ~,~,fT/o.~ NOTE: The applicant must request, in writing, any change in these or other requirements. ADDITIONAL INFORMATIO~~HE `!/CC-~ Ar~R~ Sys'rE~ ~"~Y.f<C L~F E4 ~ rPPf~ „_ t:v~Th! ,~__ PIPE RE[aRAE17 Yals~ ~~~Tio•V_A•~~ ,~c.~'ta w~rc A C Tf //A TF ttll' d!N S ~,~ ~.tJ~{+L~ Ys' Tttj W A DER FL o s.a . %Nt^ E~iJ T/,C t~ ~S'YS~. .S' P/~~•yif~tC-1'"~,' f Fi.~tE` ~lil.U7. ~'~fit~G ~c~ ~,u/Tt1.~r~ ~Y FPt3176 E4-90y FIRE-l.la cirv of s~N aERq~ROINo CENTRAL PgINTiNG SER4[GES CITY OF SAN BERNARDINO PANNING CASE CUP 93-14 AND BUILDING SERVICES DEPARTMENT T ,._.. AGENDAiTEM ~ STANDARD REC~UIREMENTS HEARING AACT'~ ~-~$-93 BIIILDINC3 AND SAFETY DIVISION 11. Submit plans prepared by a Registered Building ~~~$~ Architect or Civil or Structural Engineer. 12. -Sint -a l-e-te ~a-tera*l. a€~ci-- -s~tura~- ~a ~- Reg i.~st-e~ed• -2 iv ~-1 e ~ s.sa~ -£ng-i~n e~ -ems T ~.~.L ~ w wi. 13. Submit State of California Title 24 Energy Calculation Farms far 3S@~C~Lat~t~ti~~C7[X non-residential buildings including a signed compliance statement. Submit calculations and structural drawings, prepared by a Registered Civil Structural Engineer or Architect, for the following items: Be advised that the subject building is an unreinforced masonry building (URM) as defined by State law and as identified in a study done by the City dated January 1990. Notice that this building was a URM building was mailed to all URM owners in April 1990. At some time in the future, the owner will be required to do a detailed structural analysis for the purpose of determining the degree of structural deficiencies, submit structural plans showing correction of the structural deficiencies, obtain building permits, and complete the structural upgrading. a. It is recommended that before significant cosmetic improvements are made that same thought be given to doing the seismic structural upgrading first or consideration be given to doing the cosmetic improvements in such a way so as to minimize ar avoid redoing the proposed cosmetic improvements in the future. b. Based upon the structural changes and/or add-ons to the building (such as adding mechanical equipment, mansard roof, other additional weight that must be restrained laterally), submit a structural analysis certifying that the changes and/or add-ons being proposed to the building makes the building no more hazardous than without the proposed changes and/or PLAN-B.tO f~-~1 ,: CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE CUP 93-14 AGENDA ITEM ,•~ _ ,~, STANDARD REQUIREMENTS HEARING DAAG~ 6-~9-93 add-ons. If such analysis and certification cannot be made, then the building must be seismically ' ~• _ - upgraded prior to occupancy of the building. c. As defined by the building code, this project is a change of occupancy classification and/or intensification of use that requires this building to be seismically upgraded prior to occupancy. 14. Submit floor plan of existing structure. Label all uses and existing materials of construction. 15. Submit four {4) complete sets of construction plans including: a. Copy of conditions. b . ~xjl~b~X~~i~~X c. Energy Calculations. d. Submit a preliminary (soils) (geology) (soils and geology with liquefaction analysis) report prepared by a person licensed to do so. Submit a single line drawing of the electrical service. Show all equipment, conduit and wire sizes and types. Shaw the service ground size and grounding electrode. ~'~' Submit panel schedule(s) and electrical plans. 17. Permit required for demolition of existing~~i~~X~ 3~$X inferior walls, if any. 18' Submit a plan of the heating, ventilating or air conditioning system. (Clearly identify the location and rating of the equipment and the sizes and material of all ducts, registers and the location of all fire dampers). Show means of providing mechanical ventilation as required by the ~~BS Uniform Building Code. 1991 19. Submit gas pipe loads, sizing calculations and isometrics. If applicable. ~~ PL.AI~FL10 (4-oQf \r CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT STANDARD REC~UIREMENTS CASE CUP _9.3-14 AGENDA ITEM HEARING DATE, 6-22-93 - PAGE 2 0 Provide a plot plan showing the location of the proposed sewer system. 20. Submit a letter clearly indicating the intended use of all areas of the building. List the materials to be used and the projects produced giving the amount of each kept in the building. If the building is used of more than one purpose, list all other uses. 21' Submit isometric plans of the cold and hot water and drain Waste a:~d vent systems. If installing n.ew system. 22. Shoal compliance with Title 24 for the physically handicapped in the following:restrooms & entrances to building, etc. _ - 23. Submit plans approved by the County Health Department. Indicate methods of compliance far sound attenuation {exterior, interior party walls, floor/ceiling assembly, ceiling) as per study, U.B.C., local or State Law. Show compliance with requirements of high fire areas. For structures located within high wind areas: a. Design structure, including roof covering, using p.s.f. wind load. 24. City of San Bernardino named as certificate holder for Worker's Compensation Insurance. 25. Assessor's Parcel Number. 164-321-62, 68 & 72 ~~. Contractor's City license. 27• Contractor's State license. 28• Sewer capacity rights from Water Department, 384-5D93, Neil Thomsen. CITY OF SAN BERNARDlNO PLANNING AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 4 STANDARD REQUIREMENTS A T _ HEARING D b; -93 C ~~ 4 21 School fees from Unified School District, 381-1.379. 2~• Fire Sprinklers Required: Plans for fire sprinklers shall be submitted to Fire Dept. and approved prior to installation. No building inspections shall be performed beyond "framing and ventilation" until fire sprinkler plans are approved. 30. Other Plan check time is apprx 5-$ weeks, expeditious plan c ec is apprx - wee s. on ac ui ty i fro ~ e,c a~ s ~ oT e expe 1 e ~ _ - _ -r ,_ 31. Deposit: PC fee $2,437.00 32. Roll-up doors on south side of building not permitted, therefore the new doors shall meet all requirements for panic hardware & exiting per U.B.C. 1991. CASE CUP 93-14 ,~,,,,o~ PLAIJ-8.10 N-~1 ~'`,n Bernardino City Water Departm~ ' STANDARD REQUIREMENTS Review of Plans: # CUP No. 93-14 Date: Location: S.W Corner of Caroline St. ~ {,iaterman Ave. (295 E. Caroline) Approved: Type of Construction: Establish a theme (country western) night club Owner/Developer: Caravan Property Irtana~ememt Denied: Continued: ENGINEERING: Name: Date: 33. ~ P.S.I. 34 . ~- Size of Main Adjacent to the Project L, ,.. . !~ ~~ Pressure Regulator Required on Customer's Side on the Meter. Off-site Water Faciiitie5 Required to Meet Peak Flow Demand. Comments: 3 5 . ~--Subject to the Rules & Regulations of the Water Department in effect at the time of Application for Water Service. ^ This Area is Serviced by East Valley Water District and All Fees/Conditions will be Determined by their Engineering Department. WATER QUALITY CONTROL DEPARTMENT: Name:~d~ ~~"7U~. 36 . ~ R.P.P. Backflow Device Required at Service Connection. Double Check Backflow Device Required at Service Connection. Air Gap Required at Service Connection. ~ No Backflow Device Required. ENVIRONMENTAL CONTROL OFFICER: Name: ~ Industrial Waste Permit Required by Environmental Control Officer. 3 7 . Grease Trap Required by Environmental Control Officer. ~, Pre-treatment Required by Environmental Control Officer. C No Regenerative Water Softeners May be Installed Without Prior Approval. Approved by Environmental Control Officer. Date: ~~/ ] ~ ~ 3 Date: SEWER CAPACITY INFORMATION: Name: ~ju~~~~G ~~RP,A~ Date: ~~ " S 7 ` `~ 3 C No Sewer Capacity Fee Applicable at This Time. Sewer Capacity Fee Must Be Paid to the City Wa#er Department for the Amount of Gallons Per Day. Equivalent Dwelling Units: Subject to Recalculation of Fee Prior to the Issuance of Building Permit. Proof of Payment Must be Submitted to the8uiiding&Safety DepartmentPriortolssuanceoftheBuiidingPermit. Breakdown of Estimated Gallons Per Day: # s tt216 f3901 WATR-3.04 c~eHrwii PPwriNC' ERV°cEs ~~.tiNAf2p~~ °p~~ ~,` o CITY OF SAN BERNARDINO ~ m u ~ ,. - z ""f~ ~^ `~ STATEMENT OF OFFICIAL PLANMN~ COMMISSION ACTION PRO.IECT Number: Conditional Use Permit No. 93-14~ Address: 295 E Caroline Street Owner: Club Center Investors Applicant: Tony De[i~eiin & Kirby Bond Description: To amend the conditions of approval for Conditional Use Permit No. 93- 14 to extend club operating hours (for New WestlGotham Club) from 1:30 a.m. on Thursday, Friday, Saturday and Sunday morning until 2:QQ a.m. each morning. The subject property is an irregularly shaped parcel of land consisting of about 1.6.21 acres located west of Waterman Avenue, on the south side of Caroline Street at 295 E. Caroline Street. ACTION: Approved Meeting Date: Decer~~ber 19, 2800 The Planning Commission approved the request with the amendment of the days of operation to Wednesday, Thursday, Friday, and Saturday. VOTE Ayes: Derry, Durr, Encino, Lockett, Ramirez, Sauerbrun, Thrasher Nays: None Abstain: None Absent: Coute, Garcia, Welch The decision of the Planning Commissio~~ is final unless a written appeal is filed, with the appropriate fee, within 15 days of the Planning Commission's action, pursuant to Section 19.52. lOQ of the Municipal (Development) Code. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of San Bernardino. Valerie Ross, Principal Planner cc: Case File; Department File, Address File Date ,, UMVIA~.YCITYOF SAN BERNARDINO PLANNING DIVISION CASE: Conditional Use Permit 93-14 AGENDA ITEM: 1 HEARING DATE: November 8, 2004 WARD: 3 APPLICANT: OWNER: Tarry Delheim & Kirby Bond Club Center Inverters 2204 E. River Raad, Suite x'126 295 E. Caroline Street Tucson, AZ 85718 San Bernardino, CA 9240$ RE~UESTlLOCATION: The applicant requests approval to amend cauditions of Conditional Use Permit No. 93- 14 and extend club operating hours far New West Gotham Club, originally closing at 1.:30 a.m. on Thursday, Friday, Saturday and Sunday morning to extend until 4:00 a.m. each morning, located at 295 E. Caroline Street {APN 0164-321-68), in the CR-3, Commercial Regional land use district. CONSTRAINTS/OVERLAYS: Not Applicable ENVIRONMENTAL FINDINGS: © Not Applicable Q Exempt, Section 15301, Existing Facilities © No Significant Effects © Potential Effects, Mitigation Measures and Mitigation MonitoringlReporting Plan STAFF RECOMMENDATION: © Approval © Conditions d Denial © Continuance to: Conditir- -' ~Jse Hermit No. 93-14(CUP Na. 00-I7j Nearing Date: November 8, 2000 Page 2 REQUEST AND LOCA'T'ION The applicant requests approval of an amendment to conditions No. 00-17 of Conditional Use Permit No. 93-I4, pursuant to Development Code Suction 19.36.080, to change the closing time for the New West Gotham Club from 1:30 a.m. to 4:00 a.m. on Thursday, Friday, Saturday, and Sunday morning. The club occupies 44,764 square feet in a multi- tenant center located at 295 E. Caroline Street in the CR-3, Commercial Regional land use district. BACKGI20UND The Planning Cn~nmission originally approved the application for Conditional Use Permit No. 93-14, on June 22, 1993. The hours of operation were established for Wednesday through Sunday, 5:00 p.m. to 1:30 a.m. The nightclub would remain closed on Monday and Tuesday. The club was originally established with a county western theme. The nightclub includes the sale of alcoholic beverages {beer, wine, and well-drinks) for on-site consumption, live entertainment, a disc jockey, dancing, and billiards. Occasionally {approximately once per month), the live entertainment may include headline acts. The request for an amendment to Conditional Use Permit No. 93-14 was reviewed by the Development Review Committee (DRC) and cleared to the Planning Commission on September 28, 2000. - ' CALIFORNIA ENVIRONMENTAL QUALITY ACT The proposal is categorically exempt from the California Envirornnental Quality Act {CEQA) pursuant to Section 15301 of the CEQA Guidelines, which exempts the operation, repair, mainfienance, or minor alteration of existing structures or facilities not expanding existing uses. DISCUSSION The Police Department believes that extending the hours would impact the provision of Police Services. Attachment D. As a result, staff believes the proposal conflicts with Conditional Use Permit Finding § 19.36.050 {7) which states that "there are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety." Extending the hours will be detrimental to the public interest, health, safety, convenience ar welfare of the City because additional polace resources would be required to monitor activities and respond to incidents at the venue during the added hours of operation. General Plan Objective 1.6.3 states "it shall be the policy of the City of San Bernardino to require Police Department review of uses which may be characterized historically by high Canditir ° ~rsePermitNa.93-14(CUPNo.DO-i7) Hearing Bate: November $ 2000 Page 3 of control of use #o prevent adverse impacts on adjacent residences, schools, religious facilities, and similar "sensitive" uses. Based on Police Department's concerns, the proposal is inconsistent with this objective CONCLUSION The amendment to conditions does meet the Findings of Fact. RECOMMENDATION Staff recommends the Planning Commission: 1. Deny the amendment to conditions to extend the club hours on Thursday, Friday, Saturday and Sunday mornings from I:30 a.xn. to 4:00 a.m. based an the conflict with the Findings of Fact. Respectfully Submitted, William Woolard Interim Director, Development Services ~,~ Sylvia ~ arez Assistant Planner Attachment A Location Map Attachrr~ent B Site Plans Attachment C Applicant's request to amend the conditions for CUP 93-1~ Attachment D San Beniardino Police Department Interoffice Memorandum A"r7'AC1°iMENT A crTV of sAN ~E~NAR®INO P~o~ECT: cuP oo-~~ I=I-ANN~NO ©I~rlsroN ~®CATI®lol MAP LAND USE DISTRICTS HEARING DATE: November ~, 20®0 N®RTH W R«N{ Nw{ IY~q'r! '~+w.w~ at Yi ~~'IC W ~ '~ ~a~ C 1~~ i i w~ a v ~ ~ i surtapicycr w~ .ta~iMa7~¢v AYHWIYY 'NlYd -Idil1~,1,5 I~~ i Z ~`~1 ' ~~. ~~ --+ R ~~~ ~~ .t x ~~~. ,~.~ ~ ~ ~~ ~ .~ ~,, -. b~: ~xz d ~_y-t7'~.~'~ ~ k `E ~~' I II ~` ~'' i'M ~ V ~'~f ! ~ S.aF . 3 ~.~~ ~ 1~ ~''r~ SJ f~ :.G i~5 F W ~ ~ ~ :... ~ ~ ~: i I! 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Pass: 1 am writing this letl.er oar behalf ofthe shave nai~zed client to request an arrtendrnent tc the carrent conditiany of aperaiiait fc~r their club in San Bernard€no, Califoz'riia. In this regard t~'c request that the hours of operatir~n be extended from originally closing at 1:30 am on Thursday, Friday, S~sturday and Sunday tT'il)rI',t7i~ ari~il x;00 am each r:,arning. This request is hein~; made after due c+:~;~sideratlori t>~s ail relevant factors, Tt is also being made aver first trying out these hours at Their otl;er club i.n 1<iararta, t4rizona. The additional iinte the club will remain open without aicohat service ~~fill .allow tine erects cf ai.,oho1 to diminish prir~r to the patrons leaving the club, Further i# is proven that extended htat?rs all~~w for an er°en disbursemer~T of people, z~ather than all of • them leaving at one time. 4Ve have been in :;ontac:. wit:he Sa.n 13~;rnardi~io Police t7f'hcer, Michael 33etts, who is responsible far reviewing club cperatians avid lave his can:,urrence that t~~e added tirt~e will help in thv t4~~4 areas listed above, ~,'4'e also ir:vite yor: to aan#act the officials its the tti.R~,~ of ~'~iarana, !Arizona where the other club is located to discuss their satisfaction: ~:~ith t?3e Extended laaurs concept. Finally vie enclose a ;,heck fear ~4~'? f©r the filln~ fee As ruqui.red by state. zf you have airy question regrading this matter please contAct roe, Sincerely, Robert lvl. Fixer Attorney at L avv cc: Air. Tanv C)ellhei~z - 'vianager T~Ti~{_ F~, ~~ City of San Bernardino San Bernardino Police Department Interoffice Memorandum To: Assistant Planner Sylvia Juarez From: Lt. Klettenberg Subject: New Gotham Nightclub Date: October 25, 2000 Copies: A~'7`~Ci~AENT It is my understanding that the New Gotham Nightclub has applied for an amendment to its current operating license. The business has apparently asked for an extension to allow its nightclub to stay open until 4:Op a.zn. As the police department's area commander, I am opposed to allowizzg this amendment. If we do this for one establishment, it's only fair that we do it for all of the rest that are in the immediate area. Some of the venues that are currently being held at the New Gotham Nightclub have also become high maintenance for the police department. The male and ferrule revue shows that have been held there recently have had to be constantly monitored by vice personnel. The rave type venues that occur draw large crowds that have raised security concerzzs that draw valuable resources froze the police department to monitor and control. Bottom line is that if this is something that the city wishes to move forward with, it would be my recommendation that we do it across the board for all other businesses. At the same time, allot the police department the resources to beef up its staffing for this time frame. Tf~E SBPB IS CC3MMrI'TED TO PRQVIDING; PRC~GRESSNE QUALITY POLICE SERVICE; A SAFE ENVIRONMEIv'TTO TMPROVE'~T-iE QCIALPIY OF LIFE; A REDUCTION IN CRIME THR£3UGF-I PROBLEM RECOGI~~r1"IQ2v` AND PROBLEM SflLVIlV G CITY OF SAN ~E~ZNARDINO Developmejit Services Department - Planning Division Memorandum TO: Planning Commission FROM: Valerie C. Rass~ ipal Planner SUBJECT: Agenda Item. No. I DATE: December 14, 2000 COPIES: Dana Delhei~n submitted a request to anie~ld the conditions of approval of Conditional. LJse Permit No. z~3-14 to extend tl~e hours of operation from 1:3f) a.zn. to 4:00 a.m., Th~~rsday through Sunday. The Police Department opposed the extension of hours beca~zse of iz~~pacts to Police services. The item was co~~.t~.n.ued. from the November 8, November 21, and Decezi~ber S, 2000 meetings, at the request of the applicant. On December 11, 2000 Mr. Delhei~n asked to change the request to allow New West/Gatham to remain open until 2:00 a.n~. instead of 4:00 a.n~. I referred Mr. Delheian to the Police Department,•but have received no comments at this tin7e. Planning staff is not opposed to extending the hours of operation until 2:00 a.., consistent with other similar businesses. Staff recommends that the Planning Ca~x~anission approve the extension of operating ]lours ua~til 2:00 a.1n., Thursday through Su~~day, subject to the original conditions of approval and standard requirements o:f Conditional Use Pein7it No. 93-14. 1 2 3 4 5 C 7 8 9 10 11 12 13 14 15 I6 17 I8 19 20 21 22 23 24 25 2E~ 2"7 28 JAMES F. PENMAN, City Attoz~~ey State Bar No. 9I 7b 1. JOLENA E. GRIDER, Senior Deputy City Attorney State Bar No. 195289 DONN DIMICHELE, Deputy Ci#y Attonley State Bar No. 84935 300 North D Street Sari Bernardino, Cali.fo.ia 9241.8 Telephone: (909) 384-5355 Faasi~nile: (909) 3$4-5238 Attorneys for Plaintiff PEOPLE OF THE STATE OF CALIFORNIA No Filing Fcze Per Goverrt~nent Code ,~ 6103 `. SliPERIOR COVERT DF TIIE STATE OF CALIFORNIA FOR THE COI3NTY OF .SAN BERNARDINO PEOPLE OF THE STATE OF CALIFORNIA, by and throug~la James F. Pern~an, City Attorney of the City of San Bernardino, Plaintiff, vs. MARGARET SHERMAN, MICHAEL SHERMAN, and RAJAS ZAROUR, doing business as THE HUDSON THEATER.; CCI CLUB SB LLC; DOES 1 through 20, inclusive, Defendants. CASE NO. CIY~DS 917$$1 NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJI,~NCTION FOR ABATEMENT OF PUBLIC NUISANCE Date: March. 10, 2UI0 Time: $:30 a.m. (Dept: S32 Judge: Hon. Ja~aet Frangie Action filed: December 22, 20[i9 TO DEFENDANTS MARGARET SHERMAN, MICHAEL SHERMAN, RA.1AE ZAROUR, AND CCI CLUB SB LLC AND THEIR COUNSEL: On March 10, 2010 at 8:30 a.rn. in Departr~ient S32 of this Court, plaintiff the People of the State of California, by and through James F. Penman, City Atton~ey of the City of San Bei-r~ardino (City) wi11, and da hereby, move the Court for a prelimin.a~y injunction enjoining and NO"I'ICE 0~''vIOTION A_NI~ MOTION FOR PREI~IiUIINARY INJUNC`T'ION 1"OR ABATEMENT OF PL~I3LIC NUISAI~ CE 1 7 3 4 5 6 7 9 10 11 12 13 14 1.5 T6 17 I8 19 20 21 22 23 24 25 26 27 28 restraining defe~~dants Margaret Shernan, Michael Sherman, Rajae Zarour, CC1 Club SB LLC, their agents, servants anal employees, anal. all persons acting under, in concert with, or through any of them., from doing any of the following, effective immediately and until the entry of a final jud gxnent in this action or a further order of the Court: 1. Cond~.~cting, or permitting to be conducted, any business activities at tlae premmises located at 295 E. Caroline Street, San Bernardino, California and commonly known as the Hudson Theater (Premises}; 2. Holdia~g, or permitting to be held, an.y entertainment events at the Premises; 3. Maintaining or operating the Premises in violation. of any federal, state, or local I.aw, including but not limited to the Drug Abatement Act (Health & Saf. Code, § 11570), the general law of nuisance (Civ. Code, ~§ 3479-3480}, or any ordinance of the City of Saar Bernardino, including but not limited to the provisions pertaining to curfews for minors and the causing of excessive noise; 4. Allowing the unlawful selling, serving, storing, keeping, manufacturing, or giving away of aa~y controlled substance, precursor, or analog on the Premises; 5. Mai7~taining ar operating the Premises in violation of any provision. of the Conditions accepted by defendants Margaret and Michael. Sherman and Rajae Zarour. upon the issuance by tl~e City in or about August 2005 of Entertaixzmea~t, Operator's, and Games of Amusement Permits pertaining to the operatinn of the Premises; and 6. Maintaining or operating the Premises in violation. of any pi°avision of Conditianal Use Permit No. 93-14, approved by the City Planning Commission on June 22, 1993, as imodil-ied by Amendment to Conditions No. 00-17, approved by the City Planning Commission on December 19, 2000. This motion is made on the following grounds: 1. As maintained and operated by defendants, the ,Premises constitute a public nuisance under the Drug Abatement Act and. the general law of nuisance; 2. Defendants are maintaining and operating the Premises in violation. of state and 2 NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION FOR. AATEMEN'1~ OF PUBLIC NUISANCE 1 3 4 S 6 7 8 9 1.0 I1 12 13 14 1S 16 17 l8 19 20 21 22 23 24 25 26 27 28 local law; 3. Unless restrained by this Court, defendants will continue to maintain and operate the Premises as a public nuisance ai-~d in violation. of state and local law; and ~. The public safety and welfare require that the Cann restrain. and enjoin defendants as set forth above. This motion is rased. on this notice, the memorandum of points and authorities, declarations, and exhibits filed in support of the motion, the records and files in this action, and such. other evidence as the Court may penr~it to be presented. DATED: Tanuary 29, 2010 Respectfully submitted, JAMES F. PENMAN, City Attorney 30LENA RID , Sr. De ty City Attoz-~Zey DON?~T D ICHE , Depu ity Atto~-~~ey Y~ Donn Dirraichele Attorneys for Plaintiff 3 NOTICE C)F MOTION AND :~I©TION FOR PRI/LIMTNARY INJUNCTION IiOR ABA'rEMEN']~ OF PUBLIC NUI~ANC.'E 1~' 21 ~' 4 5 5 7 8 9 ~0 11 12 13 ~4 15 ~. 6 ~7 J. 8 ~9 2a 2 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA. COUNTY OF SAN BERNARBINO I am employed in the County of San Bernardino, State of California. I am over the age of 18 and not a party to the within action; rr~y business address is 300 Na. "D" Street, Rm 668, San Bernardino, California. On January ~ ~ , 2010, I served the foregoing document described as: NOTICE ®F 1lJIOTION AND MOT~IOI~~FOR PRELICNIINA.RY INJUNCTION FOR ABATEMENT ®F PUBLIC' NCIISANCE on the persons set forth below as follows: R. Bruce Evans, :Esq. Roger Jan Diamond, Encl. Soloman, Saltsman & Iamieson 21I5 Main Street 426 Culver Blvd. Santa Monica, CA 90405 Las Angeles, CA 90293 (310) 399-3259, (310) 392-9029 FAX (31 D) 822-9848; (310} 822-3 512 FAX (Attorney for 1Vlargaret Sherman, Michael (Attorneys far CCI C ub SB LLC} Sherman, Rajae Zarour dba The Hudson Theater) {BY MAIL} By placing the envelope for collection and mailing following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and ma~l~ng, it is deposited in the ardina course of business with the United States Postal Service in a sealed envelope with postage fully prepaid- (BY FAX} Based on an agreement ofthe parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed above. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. ./ (BY OVERNIGHT) I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses listed above. I placed the envelope{s} or package{s} for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. (BY ELECTRONIC SERVICE). Based on a court order ar an agreement afthe parties to accept service by electronic transmission, I caused the documents to be sent to the persons at the electronic notification addresses listed above or an the record, (STATE} I declare under penalty of perjury under the laws of the State of California that the above is true and correct. {FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was rr~ade. ~ -•` i.•_, ~ Executed an January ~ , 2010, at San I~err~ard°n j~ i aria. ;~ r~'. Angela Rodriguez ,~ . ~ ~ {type or pant name) ~`~~' ~ ~ 'signature~~~..~~ F:~DIMiCHELE1Hudsan-TheaterlPleaciin~lPOS -other Fax, Fec3F'.x, ElecLronic.wpc~ 1 3 4 5 €~ 7 8 9 10 11 12- 13 14 15 16 1 '7 18 I9 20 21 22 23 24 25 26 27 28 JAMES I4. PENMAN, City Attorney No Filing Fee Per° State Bar No. 9I761 Govt°nrrr~ent Code ¢6103 JOLFNA E. GRIDER, Senior Deputy City Attorney State Bat- No. 195289 DONN DLMICHELE, Deputy City Atton~ey State Bar No. 84935 30Q North D Street San Bernardino, California 9241,8 Telephone: {909) 384-5355 Facsirrzile: (909) 384-5238 Attorneys for Plaintiff .F'~ : , PEOPLE OF THE STATE OF CALIFORNIA r SUPERIOR COURT OF TI3E STATE OF CALIFORNIA FOR THE COUNTY OF SAN SERNARDINO PE®PLE OF THE STATE OF CALIFORNIA, by and. through Jaanes I~. Penman, City Atto~~ley of the City of San Bernardino, Plaintiff, vs. MARGARET SHERMAN, MICHAEL SHERMA~', and RAJAS ZAROUR, doing business as THE I-IUDSON THEATER; CCI CLUB SB LLC; DOES 1 through 20, inclusive, Defendants CASE NO. CI:VDS 917581 1VIEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION FQR ABATEMENT OF PUBLIC NUISANCE Date; March 10, 2010 Time: 8:30 a.m. Deft: S32 Judge: Hon. Janet Frangie Artian bled: December 22, 2009 '_vIEMORANDUM OF POINTS AND AUTI-IORITI~S IN ,SUPPORT OF MOTION FOR PRELTMTNARY IN3-CJNCTION 1 2 3 5 5 7 8 9 l0 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. ~NTRQ~}UCTION This is an action to abate a public nuisance at the Hudson Theater ("Premises"), located at 295 E. Caroline Street in the City of San Bernardino ("City"). Tl~e nuisance consists of {1) regular and penjasive trafficking in illicit drugs at the Premises, creating a nuisance subject to abatement zxnder the Drug Abatement Act ("DAA") {Health & Saf. Code, § 11.570 et seq.); and {2} repeated violations of state and local laws at the Prezrzises, generating excessive calls far public safety (police and fire) services, creating a massive drain on those services, and constituting a nuisance subject to abatement under the general law of nuisance. (Civ. Code, §~ 3479, 3480.) The "evidence showing the existence of a nuisance consists principally of the declarations of the San Bemardina Police Department ("SBPD") officers who paz-ticipated in undercover drug purchases at the Premises iia July, August, and November 20{19 and who have been responsible far monitoring the incidence of calls for service at the Premises. Declarations of of two neiglaharing residents afthe Premises aa~d ono City staff rneber also are submitted.' The long history of nuisance activities at the Premises, and the failure of defendants, the owners anal operators of the Premises, to address the problem, mare it imperative that this Court enjoin and restrain defendants from allowing the activities to cazatinue, pending a trial of this action. This motion seeks an order so enjoining as-zd restraining defendants. Ii. STATEMENT QF FACTS A, Illicit-Drug Activity at the Premises Defendants Margaret Sherman, 1Vl'ichael Sherman, and Rajae Zarour doing business as the Hudson Theater, operate the Premises. Defendant CCI SB Club LLC is tlae owner of the Promises. Defendants operate the Premises as an entertaia~nent venue featuring all-night "rave" party events. (Garcia ~[ 4.) It is common knowledge that rave parties charaeteristiealIytnvolve the use of illicit drugs, especially MDIVIA, cozrzmonly referred. to as "ecstasy." (See Sakfya~na v. ' Declarations cited. in this memorandum are cited. by ([name of declarants paragraph]). t MEMORANDUM OF POINT'S AND AU'THORITIFS IN SUPPORT OF ?v10TION FOR PRELIMINARY II*TC JNCTION 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 ANIF Bowling Centel°s, Inc. (2003) 110 Cal.App.4th 398, 407 [holding that where a rave event was held at defendant's facility, "It was foreseeable that attendees would attempt to sneak drugs into the facility. It was foreseeable that attendees might purchase and use drugs"]; People ~~. Fit:~ner- (Mich.App. 2002) WL 31947943 at p. 1, fig. 2 (copy of opinion attached to this memorandum as Exhibit A} ["This Court takes judicial native of the fact that a `rave' party is marked by dancing, music and drugs"].} MDMA is a controlled substance analog under California law. (People v. Si1veY (1.991 } 230 Cal.App.3d 389, 392; Health & Saf. Code, ~~ 11378, 11.379, 11401.} MDMA is a federal Schedule I synthetic drug with stimulant and halluci~~ogenic properties. It suppresses the need to eat, drink, or sleep but can produce adverse effects that include "severe dehydration, dangerous increases in body temperature, and. involuntary teeth clenching. An ecstasy overdose `is characterized. by a rapid heartbeat, high blood pressure, faintness, muscle cramping, panic attacks, and, in more severe cases, loss of consciousness or seizures.' Overdoses can be fatal .. . ." (Note, Targeting Ecstasy Use at Rrxves {2002) 88 Va. L. Rev, 1583, 1589, fi7s. omitted.) In June 2009, SBPD Assistant Chief Garcia spoke with defendant Michael Sherman, one of the managers of the Premises, about the illegal activity that often went oir at the rave events held at the Premises. Mr. Sherman. said he knew drugs were a major part of rave events, but defendants had to put on these types of events because they were having difficulty malting ends meat. (Garcia ~[ 9.) Thereafter, 1n July, August, and November 2009, the SBPD conducted undercover drug buys at the Premises to determine the extent of the illegal drug trafficking and what, if any, action the management was taking to address the problem. At four events during those months, un.dcrcover-SBPD officers made more than 40 purchases of illegal drugs, primarily MDMA, from sellers at the Premises. The events were held on July 18-19, August 22-23, August 29-30, and November 6-7, 2009. (Garcia ~~ 10.) At the event on July 18-1.9, two undercover officers made seven drug purchases. BBPD officers recovered 477 MDMA pills and 2 grams of ketamine, airother illegal drug commonly z MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MO'T'ION P'OR PRELIMINARY I2~T3UNCT'ION found at rave events.' (Garcia ~( 10; Contreras ~ 4-8; l~n~an T 3-5; Everett ~ 4-10; Kal~rell ~~ 2 3 4 5 b 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 26 27 28 23-27; Landeros ~ 4-5; Luna ,~ 7-10.) At the event on. August 22-23, 2009, two undercover officers working inside t11e Premises made eight drug purchases, and a third undercover offzeer made an additional drug purchase in tl~e parking lot outside the theater. SBPD officers recovered 83 MDMA tablets. (Garcia ~~ 1.0; Landeros ~( h-10; Luna 1~ 11; Stewart ~~ 4-10.) At the event on August 29-30, 2009, one undercover officer bought MDMA from. eight different subjects inside tl~e Premises. Three other undercover officers also bought MDMA from subjects inside the Premises and outside in the parking lot. In addition, two other subjects were apprehended with ketan~iine in the parking lot; ai-id admitted they were planning to sell it. Officers recbv~red a total of 274 MDMA pills and 3.4 grarris of ketamine. (Garcia ~ 10; Emon ~~ 6-9; Everett '~ 11-12; Landeros ~ 11-17; Luna '~ 12-14; Stewart ~f 11-19.) At the event on November 6-7, 2009, five SBPD undercover officers made 16 buys of MDMA from subjects inside the Hudsaaa. Theater. Foua of the sellers were juveniles. (Castro ~( 4-6; Contreras ~ 9-15; Cozine ~~ 4-6; Everett '~ 14-17; Stewart ~; 20-23.} At each of these events, the officers stopped malting purchases before the event was over because they ran aut of money, despite the fact they usually bought only $10 or $20 worth of drugs at a time. (Garcia ~j 1 l.} Further, though there were private security guards at the Prerrzises during the events, they made little or no attempt to observe or intervene in the drug trafficking. (Cozine ~ 6; Emon ~( 10; Everett ~~ 18; Laera ~ 6; Lu~~a ~ 15; Stewart ~~ 24.} Drug buys were openly taking place in the restrooins. (Castro ~~ $; Cozine ~~ 7.) B. Excessive Ca[Is for P~blie Safety Services at the Premises For about the last year and one-half, the SBPD has bean mai~itoring activities at the Premises. (Kohrell ~; 2.) Although the Premises is open only on weekends, it generates air extrerricly large number of calls for public safety services, far more than any other single location in the City. (Garcia ~ 5.) The SBPD calculated that from August 1, 2008 through August 1, ~ Ketamii~e is a controlled substance under California law. (Health & Saf. Code, § 1105~(g).) 3 MEMORANDUM O POII~TTS AND AUTHORITIES IN SUPPORT OF MOTION POR PR7~.LIMI!~1ARY IN.IUNCTION 1 2 3 4 5 b 7 8 9 10 11 12 13 14 1S 16 17 I8 19 20 21 22 23 24 25 26 27 28 2009, the Premises generated more than 280 calls for service. {Kahrell ~ 3.} In many man#hs, tkaere was in excess of one call per calendar day, despite the Premises not being open every day. Far example, in November 2008 there were 38 calls far service, includin„ three medical service calls in one night anal three noise disturbance calls an another night. (Kahrell ~~ 4.} h~ December 2008, there were 41 calls for service, including a robbery, a fight inside the Premises that required a rr~edical service call, an alcohol overdose call, a stolen vehicle, and eight noise disturbances. In January 2009, there were 31 calls for service, including two medical calls far overdosed or unconscious subjects and a call from a neighboring business ca~riplaining that juveniles from the Premises, believed to be on drugs, were creating a disturbance in the neighborhood. (Kahrell ~ 4.) In. February 2009, there were 42 calls far service, including a fight, a drug overdose, an assault an a female requiring medical. attention, a stolen vehicle, and an incident in which an. event was oversold by approximately 1,500 people, resulting in subjects who could not be admitted to the event becoming combative aa~d vandalizing, littering, and. throwing objects at the SBPD officers who were hying to maintain order. (Kahrell ~ 4.} At about 1:48 a.m. on May 2, 2009, a homicide occurred during an event at the Premises. The homicide arose out of a light that started inside the Premises and spread into the parking lot. A total of about 15 shots were fired in the parking lot, three victims suffered gunshot wounds, and one, who was shot in t11e head, died. {Garcia '~~ 7.) In addition, a large amount of SBPD time is spent in attempting to enforce the San Benlardino Municipal Code ("SBMC") and the conditions unposed by the operating permits far the Premises, all of which defendants routinely dis>„cgard. Defendants constantly play music excessively loud, vialating their penr~.its and tl~e SBMC and disturbing neighboring residents. When officers respond to calls from the neighbors, the music is temporarily lowered and then turned back up later. On at least one occasion, Ms. S1-~ennan simply refused to turn down the music when requested by #l~e officers to do so. (G. Williams 13-7; L. Williams ~~ 3-6, Cozine ~1 8-I0; Kahrell ~; 12-17.} 4 MEI~IORANDliM OF POINTS AND AUTHORITIES IN SUPPUR"I~ OF MOTION FUR PP.F:LIMIIvTA32Y IN3UNCTION The operating permits far tl~e Premises ---- A Conditional Use Permit, Entertain3r~ent 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 `' S ~. z6 27 28 Permit, a~~d Operator's Permit ~- specifically require that defendants not conduct business activities at the Premises after 2 a.zn. Defendants routinely violate that requirement; in fact, they openly advertise and contract for their events to end at 4 ar 5 a.zn. (Kohrell 6-11; Rahhai ~ 4-5 . } Defc~~dants also routinely violate the SBMC previsions governing curfew hears for minors. Defendants a11ow minors to enter events that are supposed to be for adults only. (Everett ~~ 1.9-22.) Seven of 20 patrons contacted by the SBPD after 1.:15 a.m. at an event in March 2009 at the Premises were minors. Defendants advertise their events as open to "all. ages" even. though the events are not scheduled to end until. 4 or 5 a.m. (Kohrell ~~ 18-22.) A juvenile was apprehended selling ketamine inside the Premises after midnight at the July 15-19, 2009 rave party. (Luna ¶ 9-10.} The SBPD has issued n~.unerous citations to defendants Margaret and Michael Sherman for violating the law. l~roin July 14, 2008 through August 22, 2009, the Shermans were cited by the SBPD at least 11 times. (Kohrell ~( 5.) The citations have had no effect, as the violations have continued unabated. III. ARG-U11'IENT A. Nuisance U~~der the DAA As relevant here, tl~e DAA provides: "Every building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance, precursor, oa- al3aiog specified in this division, and Query building or place wherein or upon which those acts take place, is a nuisance which shall be enjoined, abated, and prevented, and for which damages maybe recovered, whether it is a public or private nuisance." (Health & Saf. Code, § 11570.} Section 1.1570 "does not require that the unlawful. activity which makes the building a nuisance be conducted by the owner of the building, a tenant of the building, or a person entering with pei°znission.." {Lew v. Superior Court (1993) 20 Cal.App.4th 866, 8'71.) The Premises plainly qualify as a nuisance under section 1157(), as a "place wherein or upon which." unlawful selling of drugs takes place. 5 MEMORANDU?VI OF POINTS AND AUTHORITIES IN SUPPQR'I' OI MO'T'ION FOR PRELIIVIIi TARY P~~7LNCTION 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l. 22 23 24 25 26 27 28 B. Remedies fnr Nuisance Uade~• DAA The DAA provides that the city attorney of a city in which there exists a nuisance, as described in Section. I I570, may bring an action in the naxr~e of the People, "ta abate and prevent the nuisance and perpetually to enjoin the person conducting or maintaining it, and the owner, lessee, or agent of the building or place in or upon which the nuisance exists from directly ar indirectly maintaining or permitting the nuisance." {Health & Saf. Code, ~ 11571.) This motion socks to enjoin the maintenance by defendants of the drug nuisance at tl~e Premises, pending a trial. on the merits. The remedies provided in the DAA are not the exclusive remedies for nuisances involving illicit da-ugs. Rather, a plaintiff also may pursue "`any other existing remedies for nuisance abaterraent actions."' (Lew v. Superior Court (1993) 20 Cal.App.4th 866, 872, quoting Health & Saf. Code, ~ 11573.5(f){1).) C. Nuisance Under General Law of Nuisance A nuisance under the general law of nuisance is "~ajnything which is injurious to health including, but not limited to, the illegal sale of controlled substances ...." {Civ. Code, § 3479.) A public nuisance is "one which affects at the same time an entire community or neighborhood or any considerable number ofpersons, although the extent of the annoyance or damage inflicted upon. individuals may be uneq~~al." (Civ. Code, ~ 3480.} Defendants' maintenance of the Premises as a place where the illegal sale of controlled substances tapes place therefore constitutes a nuisance. Noise that is so loud as to interfere with neighbors' use and enjoyment of their property also constitutes a nuisance and can be enjoined. (People v. Masan (1980) 124 Cal.App.3d 348, 353-354.) Moreover, the use of property in violation of city ordinances is co~~sidercd a public nuisance per se. "The legislature has the power to declare certain uses of property a nuisance and such use thereupon becomes a nuisance per se.... Nuisances per se are so regarded because na proof is required, beyond the actual fact of their existence, to establish the nuisance." {,S`cott v. City of Del Mar (1997) 58 Cal.App.4th 1296, 1.305-I306, internal quotation marks omitted; 6 _.. MEivIORANDUM OF POI:~1TS AND AtJ'I'I30RITIES IN SUPPORT OF ivIOTIQN FOR. PKP;LIMINARY IN7UNCTION 1. 3 4 5 6 7 S 9 10 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 ', 25 26 27 2g accord, Cith of Costa Mesa v. Soffer (1992) 11 Cal.App.4th 37$, 382.) The power of the "legislature" to declare a use of property a nuisance per se extends to cities. Goven~rnent Code section. 38771 provides: "By ordinance the city legislative body may ~ declare what constitutes a nuisance." Once a legislative body enacts an ordinance establishing a use of property as a nuisance per se, a court that is asked. to enforce the ordinance need not, and in fact cannot, consider whether the use is actually dangerous to public welfare. The California Supreme Court has stated: "Where the Legislature has determined that a defined condition or activity is a nuisance, it would be a usurpation of the legislative power for a court to arbitrarily deny enforcement merely because in its independent judgment the danger caused by a violation. was oat significant. The function of the courts in such circumstances is limited to determining whether a statutory violation in fact exists, and whether the statute is constitutionally valid." (City of Bakersfield v. Miller (1966) 64 Cal.2d 93, 100; accord, Amusing Sandwich, Inc. v. City of Palm Springs (1985) 165 Cal.App.3d 1116, 1129.) Finally, if a property is operated in violation of the DAA, "such a property qualifies as a nuisance within the broader Civil Code definition," making the general remedies for nuisance available in addition to those p~z-ovided for m the DAA. (Lew v. Superior Court, supra, 20 Cal.App.4th 8b6, 872.} Defendants' use of the Premises amply qualifies as a nuisance per se. Defendants operate the Premises in violation not only of tl~e DAA, but also of City ordinances and the operating permits goven~ing the use of the Premises. D. r~s a I'uhlic Nuisance Per Se, Defendants' IrTse of the Premises Can Be Enjoined Without a Showing of Irreparable Harm, and Withvnt a Sl~awing that the Balance of Harms Favors Plaintiff. Vi~here a use of property constitutes a public nuisance per se, a party seeking an injunction need not show that it will suffer irreparable harm if an injunction against tl~e use is not granted. "`A legislatively declared public nuisance constitutes a nuisance per se against which an injunction may issue without allegation or proof of irreparable injury.' [Citation..]" (People ex rel. Dept. vfTi~ansparrtation v. Qutdoa~-Media Group {1993) 13 Cal.App.4th 1067, 1076.) 7 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPOR'T' Of MOTION I~OR PRELIMINARY I]VJCJNCTION As shown, defendants' use of the Premises is a nuisance per se. Accordingly, to obtain 3 S 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 injunctive relief plaintiff need not prove that it will suffer ia~eparable harm unless relief is granted. Further, while a party seeking an injunction ordinarily must show that the harm to that party ifan injunction is denied outweighs the harm to the other party ifan injunction is granted, that requirement does rat apply where, as here, a public entity seeks to enjoin the violation of an ordinance that specifically provides far injunctive relief. In IT Corp. v. County of Imperial (1983) 35 Ca1.3d 63, the California Supreme Court held: "Whexe a govern~zzental entity seeping to enjoin the alleged violation of an ordinance which specifically provides far injunctive relief establishes that it is reasonably probable it will prevail on the n7erits, a rebuttable presumption. arises that the potential harm to the public outweighs the potential harm to the defendant. If the defendant shows that it would suffer grave or irreparable harm from the issuance of the preliminary injunction, the court must then cxaznine the relative actual. harms to the parties." (Id. at p. 72, italics added, fiz. omitted..) Here, the requirement that the ordinance to be enforced be one t11at "specifically provides for injunctive relief," is met. SI~1VifC sectia~z 8.30.020 provides in part: "All or any part of any real property, or structure located thereon, found as provided in this Chapter to constitute a public nuisance, maybe abated by the procedures set forth. in this Chapter or may be abated as provided in the Unifot-~n Code for the Abatement of Dangerous Buildings ar in any other manner provided by law." The courts recognize that "`i~zjunction is the traditional method of abating a nuisance."' (People ex rel. I3ept. Pub. Wks, v. Aden Advertisers (1.973) 35 Cal.App,3d 507, 511.) Therefore, by providing that a public nuisance maybe abated. "in any other manner provided by law," section. 8.30.020 effectively provides for injunctive relief and the rebuttable presumption that the balance of harnz favors the public interest should apply. Accardingly, plaintiff need not slzaw that the balance of harms favors iazjunetive relief in order to prevail on its motion. for a preliminary injunction. E. The Only Effective Remedy for Defeandants' Nuisance Activities is to Suspend Further Activity at the Premises Pending Trial. This motion is made after more than a year of police contacts with defendants and citations issued to defendants. It is apparent that defendants do not intend to cease their ~uzlawful activity unless and until. this Court corrzpels them. to da so. Accordingly, plaintiff respectfully M~MORANDT~~EVt~ OF POINTS AND AUTHORI7~TES IN sLTFPQItT OF MOTIQN FOR PRELIMINARY IN7t,~N CTION 1 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 1'~ 18 19 20 21 22 23 24 25 26 27 28 requests that, pending the trial in this action, the Co~u-t enjoin and restrain defendants from: 1. Conducting, or permitting to be conducted, any business activities at the Premises; 2. Raiding, or permitting to be held, any entertainment events at the Premises; 3. Maintaining or operating the Premises in violation of any federal, state, or local law, including but not limited to the DAA, the general ]aw of nuisance, or any City ordinance, including but not limited to the provisions pertaining to curfews for minors and the causing of excessive noise; 4. Allowing the unlawful selling, serving, storing, keeping, manufacturing, or giving away of any enntrolled substance, precursor, or analog on the Premises; 5. Maintaining or operating the Premises in violation of any provision. of the Conditions accepted by defendants Margaret and Michael Sherman and Rajae Zarour upon. the issuance by th.e City u~ or about August 2005 of Entertainment, Operator's, and Games of Amusement Permits pertaining to the operation of the Premises; and 6. Maintaining ar operating the Premises in violation of any provision of Conditional Use Permit No. 93-14, approved by the City Planning Cozx~mission on Juno 22, 1993, as zxzodified by Amendment to Conditions Na. 00-17, approved. by t11e City Planning Con~missioa~ on December 19, 2000. V. C41!'CLLJSIQN Far at least one anal one-half years, defendants have profited from the maintenance of a nuisance at the expense of the taxpayers, who have had to pay for th.e SBPD persona~el to dea3 with the continual. calls for service to enforce the laws that defendants routinely disregard. To enhance the attraction of their events, defendants permit illicit drug activity to flourish at the Premises because, as Mr. Sherman told Assistant Chief Garcia, it is necessary for defendants to make money. Repeated contacts from the SBPD and even citations have accomplished nothing. It is therefore necessary for this Court to intervene. Pending a trial in this action, defendants should. be prohibited from conducting further events at the Premises, anal fi-ain 111 9 MEMORANDUM OF POII~~"I'S AND AiJ'I'HORITIES 1N SUPPORT OF ?vIOTION FOR PRELIMINARY INJUNCTION engaging in any of the unlawful activities described i~a this xraeanoranduzn and tl~e evidence supporting plaintiff's motion. DATED: January 29, ?O10 RespectfuIly submitted; JAMES . PENMAN, City Attorney JOLENA E. - RIDER, S .Deputy City Attorney DONN D CHELE, puty Cit Attorzaey By: Donn Dimichele Attorneys for Plaintiff In MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION POR PRELIMINARY IN,IUN CTION 1 2 4 5 6 7 8 9 10 11 12 13 3~ 15 16 .7 Z8 ]. 9 20 2 I. 22 23 24 25 25 27 28 PROOF OF SERVICE STATE OF CALIFORNIA COl1N*1'Y OF SAN BERNARDINO T am employed in the County of San Bernardino, State of California. am aver the age of 15 and not a party to the within action; my business address is 300 Na. "D" Street, Rm 668, San Bernardino, California. On Janr:~aty ~_, 2010, I served the foregoing document described as: iYIE1VIORAN][IUIVI OF POINTS ANI3 RUTH®RITIES IN SUPP®RT OF 1ViOTI®N FOIi PI~ELIMINAItl' INJUNCTION FORABATEIVIENT OF PUBLIC NUISANCE onthe persons set forth below as follows: R. Bruce Evans, Esq. Roger Jon Diamond, Esq. 5olonlon, Saltsman & Jamieson 2115 Main Street 426 Culver Blvd. Santa Monica, CA 90405 Las Angeles, CA 90293 310} 399-3259; (310) 392-9029 FAX. 310) 522-9848; (310) $22-3512 'AX Attorney for Margaret Sherman, Michael Attorneys for CCI Club SB LLC} Sherman, Rajae Zaraur dba The Hudson Theater) (I3Y MAIL) BY placing the envelope far collection and mailing following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing, On the same day that correspondence is placed far calIectian and mailing, it is deposited in the ordinary course afbusiness with the United States Postal Service in a sealed envelope with postage fully prepaid. (BY FAX) Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed above. Na error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. / (BY OVERNIGHT) I enclosed the documents in an envelope ar package provided. by an overnight delivery carrier and addressed to the persons at the addresses listed above. I placed the envelope(s) or package(s) for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. (BY ELECTRONIC SERVICE). Based an a court order or an agreement of the parties to accept service by electronic transmission, I caused the documents to be sent to the persons at the electronic natificatian addresses listed above or on the record. / (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. {FEDERAL) I declare that I am employed in the afI`ice of a member of the bar of this court at whose direction the service was made. Executed on January ~_, 2010; at San Bernardino, Califai~iai. ~! ~,~uw , Angela Rodriguez ' ~ ~ ~ ~~ ~ ~~ j !~ (type or print name) ~~ (sign tur ; F:iDIM]CHF.1.E'~iIndson-ThaaterlP]cadingslPOS -other Fax, FedEx, Electronic.wpd ~~ ~r~ Result hops:/.!web2.westlaw.cc~rn/result/default.wl?rs=WLW 1 O.OI &ss~CXT... Preferertces Municipal Practitioner Public Records 4AILI Gar~erai Subscription CaliFornia -. ? Alert Center Research Trail Add a Tab Edit Search j Locate in Resu9t. Lini<s...fnr20(32 WL 31947943 I Result List._t37 D©cs ~ People ~. Fitzner Not Reported in N.W.2d, 2002 WL 31947943 I~ich.App„20EJ2. December Q3, 20fl2 (Apprgx. 3 pages) Not Reported in N,W.2d, 2002 WL 31947943 {Mich,App.) Only the Westlaw citation is currently available. UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING. Court of Appeals of Michigan. PEOPi_E of the State of Michigan, Plaintiff-Appellee, V. Robert K. FITZNER, Defendant-Appellant. No. 233210. Dec. 3, 2002. Before: WHITBECK, C.~., and SAWYER and SHAD, )].. PER CURIAM. [UNPUBLISHED *.~ Defendant appeals his jury trial conviction o second-degree murder, M.C.1_. ~ 750,317, and felony firearm, M,C,L. § 750.227b,F~~ The trial court sentenced defendant to a term of twenty-five to fifty years in prison for the second-degree murder conviction and a consecutive term of twa years in prison for the felony firearm conviction. We affirm. FN1, Defendant appeals as of right. This case arises out of an altercation at a rave ~~~ party in petroit, at which defendant shot and killed the victim after he pistol-whipped the victim in the face. FN2, This Court takes judicial notice of the fact that a "rave" party is marked by dancing, music and drugs, often in an abandoned warehouse and typically "after hours." I. First-Degree Murder Charge Defendant contends that the trial court erred by denying his motion far directed verdict on the first- degree murder charge. Defendant maintains that this aliawed the jury to reach a compromise verdict because the prosecutor failed to prove premeditation or deliberation. We disagree. l of I 1/25/2010 10:07 AM 20D3 ~G~ti„31847943 https:~?weh2.westlaw.corniresulddcsciunenilext.aspx?dbf Af1LCASES&... "Tn ruling on a motion far a directed verdict, the trial court must consider in the light most favorable to the prosecutor the evidence presented by the prosecutor up to the time the motion is made and determine whether a rational trier of fact could have found that the essential elements of the crime were proved beyond a reasonable doubt." People v. Schultz, 246 Mich.Aag 695, 702 635 NW2d 491. (ZC3fl1j. "To prove first-degree premeditated murder, the prosecution must establish that the defendant intentionally killed the victim and that the act of killing was premeditated and deliberate." Peo !p e v. M_ette~243 Mich,App 318, 3301 621 NW2d 713 (20001); MCL 750.316. As this Court observed in People v._ Kelly, z31 Mich~App 627, 642;.5$8 NW2d 480 (1998; Premeditation and deliberation require sufficient time to allow the defendant to take a second lock. The elements of premeditation and deliberation may be inferred from the circumstances surrounding the killing. CCitatian omitted.] Tn Pea~e~v, Abraham, 234 Mich.App 644U 599,NW2d 736 (];_999 ,this Court further explained: Premeditation and deliberation may be established by evidence of "(~.) the prior relationship of the parties; {2) the defendant's actions before the killing; (3) the circumstances of the killing itself; and {4) the defendant's conduct after the homicide." [ Id_at 656, quoting Pile Um Scholfaert, 19~ Mich.App 158. 170: 486 NW2d 3120.992?,] Viewing the evidence in a light most favorable to the prosecution, we hold that there was sufficient evidence of premeditation and deliberation to submit the first-degree murder charge to the jury. A witness at the scene, David Dmytryszny, testified that defendant's friend, Anthony Mullinax, exchanged hostile words with Dmytryszny and the victim that night, in defendant`s presence. Another witness testified that defendant appeared to have a verbal confrontation with the victim between fifteen and twenty minutes before the fatal shooting and that defendant appeared somewhat angry. Regarding the shooting itself, a forensic pathologist testified that the victim was struck in the face with a blunt abject and that the victim was shat from behind, with the muzzle of the gun in direct contact with the back of the victim`s head. This is consistent with the testimony of Kirsten Ellenbraok, who testified that, after the shooting, she overheard defendant admit that he pistol-whipped the victim and then shat him. Further, while defendant asserted a defense of accident and argued that the gun discharged once when he hit the victim on the back of the head, four shell casings from defendant's gun were found in the vicinity of the shooting. Ellenbraok also testified that defendant changed his clothes after the shooting and she heard defendant say that, after he left the scene of the incident, defendant disassembled and disposed of the gun. *2 Tn sum, a reasonable juror could conclude that defendant and Mullinax argued with the victim twice during the evening and that defendant had a confrontation with the victim just minutes before the shooting. Further, the jury could candude that, after pistol-whipping the victim's face, defendant moved behind the victim, placed the gun on the back of the victim's head, and deliberately pulled the trigger. This is supported by defendant`s actions after the shooting when he immediately disposed of certain incriminating evidence. ~ Viewed in a light most favorable to the prosecution, there was sufficient evidence of premeditation and deliberation to submit the first degree murder charge to the jury. FN3. Evidence showed that, around the same time defendant shat the victim, Mullinax shat the victim's friend, Dmytryszny, above the ear. Notwithstanding this evidence that would support a conviction for the greater offense, the jury convicted defendant of second-degree murder. Were we to find that the trial court erred by submitting the first-degree murder charge to the jury, the error would be reviewed under the harmless error standard. People v. Graves, 458 Mich. 476, 482; 581 NW2d Z29 1998 i~owever, because we find no error in the trial court`s submission of the first-degree murder charge to the jury, the verdict was not a result of jury compromise and we need not address this issue further. Tr C~inton~c ~ °~~ 1I25120I0 10;(39 AM 20(}2 11WL 3194794,1 hops:~''web2.westlaw.cnm/result'docwnenttext.aspx?d>7= ALI.CASI=S&... ©efendant's claims that the trial court abused its discretion in its upward departure from the sentencing guidelines. Under M.C.L. ~ 769.34{~~, "[a] court may depart from the appropriate sentence range established under the sentencing guidelines ,.. if the court has a substantial and compelling reason for that departure and states on the record the reasons for departure." rN4 This Court "review[s] for an abuse of discretion the trial court's decision that objective and verifiable factors constitute substantia! and compeiling reasons far departing from the guidelines` recommended minimum sentence." People y~ Armstrong~2~7 Mich.App 423~4~4~ 636 1`~IWZd 785 {2C7~, FN4_ "Our Supreme Court has held that substantial and compelling reasons must be based an objective and verifiable factors." People v. Tzarraras-Placante, 246 Micl~,App 490, 497 633_NW~d .18_.~~QO~_. ~~ Mere, the parties agree that the i:rial court properly scored defendant's prior record and offense variables and that his scares placed defendant in the guidelines range of twelve to twenty years in prison for his murder conviction. The trial court found substantial and compelling reasons to depart upward from the guidelines range and sentenced defendant to a minimum of twenty-five-years in prison. ©efendant concedes that the factors the trial court considered were objective ar~d verifiable, but says that the factors were either already taken into consideration in scoring the offense variables or were impermissible factors to consider in departing upward from the guidelines range. Defendant asserts that the trial court should not have considered the fact that he attended the party while carrying a gun because this was already contemplated in offense variables one and two. finder M.C.L., §, 7F~9,34 3 b The court shall not base a departure on an offense characteristic or offender characteristic already taken into account in determining the appropriate sentence range unless the court finds from the facts contained in the court record, including the presentence investigation report, that the characteristic has been given inadequate or disproportionate weight. *3 Defendant received a score of twenty-five points for aggravated use of a weapon under OV 1, M.C.L. 777.31, which provides that "[a] firearm was discharged at nr toward a human being ar a victim was cut or stabbed with a knife or other cutting ar stabbing weapon." The court also gave defendant five paints for OV 2, M.C.L. ~ 777.32, which states that "[t]he offender possessed or used a pistol, rifle, shotgun, nr knife or other cutting or stabbing weapon." While the mere possession or use of a firearm is taken into account by the aforementioned offense variables, the trial court found especially compelling that defendant carried a goaded .45 caliber pistol to a party at which drugs were used and that defendant carried the gun in order to "be[ ]the toughest guy at the party ...." as demonstrated by the fact that defendant pulled out the gun at "a slightest hint of trouble." `~~' Because these troubling and aggravating circumstances went beyond the mere discharge ar possession of a weapon as contemplated under OV 1 and OV 2 and the trial court did not abuse its discretion. IµNS. Defendant also takes issue with the trial court's finding that defendant took the gun to the party in order to be °tough," This was a logical inference from the evidence at trial and permissible credibility determination; the retard reflects that guns were not permitted at the party and, as the trial court made clear, it did not believe defendant`s explanation that he brought a loaded pistol to the party in order to sell it, Rather, as the court Hated, defendant's decision to pull out the loaded weapon with such slight provocation evidenced his true purpose in carrying the gun that night. Defendant further contends that the trial court abused its discretion because "[t]he fact that the 2 of 3 1/25/2(31(1 10:09 A'v1 20p2 .dVL 31947943 httpsal~x~el'~2_west~aw.c~~~v~-esult~documenttert.aspx?db -~Af,LC~AS'5&.., weapon nao peen a~scnargea ~n me course nr an argumenr naa aireaay r~een cans~aerea in me scoring or offense variable six." Under DV 6, M.C.L. ~ 777.35, the parties agree that defendant "had unpremeditated intent to kill, the intent to do great bodily harm, or created a very high risk of death or great bodily harm knowing that death or great bodily harm was the probable result." However, defendant apparently takes issue with the trial court`s assertion that it found this crime particularly senseless because defendant pistol-whipped the victim after the victim "looked the wrong way at" defendant or his friend, We discern no abuse of discretion with respect to this factor. The brutal and unprovoked nature of defendant's assault justified the trial court's consideration and, as the trial court correctly observed, defendants actions "carr[y] with it ... a viciousness and a kind of bullying [from which] the community must be protected." Thus, it is clear that the trial court found that the offense variables did not adequately account for the egregious circumstances in this case, Also, defendant alleges that the trial court should not have considered the fact that he left the scene after the shooting. Contrary to defendant`s assertion, however, the trial court did not conclude that defendant's sentence should exceed the guidelines range because he subjectively lacked remorse. Rather, the trial court made clear that, given defendant`s explanation that his gun accidentally discharged while he was pistol-whipping the victim, defendant not only made no effort to attend to or assist the victim, he Fled the scene, leaving the victim to die in an abandoned building. Moreover, the trial court emphasized that, after he ran from the scene, defendant disposed of his clothing and the gun and changed his appearance to avert suspicion. As the court correctly observed, this reflects "a kind of a coldness that is of concern." Clearly, this is not an impermissible factor for the trial court to consider in its upward departure. *4 Finally, defendant alleges that the trial court abused its discretion by considering his release from FIR. in its upward departure. This does not constitute an abuse of discretion. While the trial court did not assess defendant points for his prior record, it took into account his troubled past as evidenced by his recent discharge from a residential program through FIA and his commission of this crime within a short time thereafter. Not only was this an objective and verifiable factor, it suggests defendant`s inability and unwillingness to conform his conduct to societal rules. The trial court did not abuse its discretion in finding that "objective and verifiable factors constitute substantial and compelling reasons for departing from the guidelines' recommended minimum sentence." Armstrong, Supra at 424. FNs FN6. Defendant claims that the trial court should have taken into account his family support and lack of drug use as positive factors in considering his sentence. Defendant and his counsel had the opportunity to emphasize positive factors at his sentencing hearing and the record reflects that the trial court was aware of the contents of defendant`s presentence report, that it reviewed letters of support sent on defendant's behalf and that it was aware that defendant's family attended defendant's trial. We find no abuse of discretion in the trial court's assessment of defendant nr this record. Defendant correctly notes that the trial court failed to state its reasons for departure on the required departure evaluation form. Arrrrst"rong, supra at 426. Therefore, we affirm defendant's conviction and sentence, but remand for the ministerial task of completing the guidelines' departure form. We do not retain jurisdiction. Mich.App.,21302. People v. Fitzner Not Reported in N.W.2d, 20p2 WL 31.947943 (Mich.App.) END OF bOCUMENT c~f3 1/25/2010 10:p9 A.M l 2 3 4 5 6 7 8 9 10 1l 12 13 ]4 1S 16 1'7 18 19 20 2l. 22 23 24 25 26 27 28 JAMES ~. PENMAN, City Attorney State Bar Nn. 917G1 JOLENA E. GRIDER, Senior Deputy City Attorney State Bar No. 1952$9 DONN DIMICI-IELE, Deputy City Atton~ey State Bar ~'o. 84935 300 Noz-lh D Street San Bernardino, California 92418 Telephone: (909) 384-S3SS 1~acsilnile: (909) 384-5238 Attorneys for Plaintiff PEOPLE OF THE STATE OF CALIFORNIA Na FiliFag F"ee 1'ep Gavot r~n2ent Code ~ 6103 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SA1VT BERIVARDINO PEOPLE OF THE STATE OF CALIFORNIA, by a~zd through .Tames F. Penman, City Attorney of the City of San Bernardino, Plaintiff, vs. MARGARET SHERMAN, MICHAEL SHERMAN, and RAJAS ZAROUR, doing business as THE HUDSON THEATER; CCI CLUB SB LLC; DOES 1 through 20, inclusive, Defendants. CASE NO. CLADS 917881 ~I'ROFOSED] ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION FOR ABATEMENT OF PUBLIC` NUISANCE Date: March 7.0, 2010 'ginxe: 8:30 a.m. Dept: S32 Judge: Hon. Janet Frangie Action filed: December 22, 2009 On the ir~otion of plaintiff and for good cause shown, defendants .Margaret Sherman, Michael Sherman, Rajae Zarour, CCI Club SB LLC, their agents, servants and employees, and all persons acting under, in concert with, or through any of them, are hexeby enjoined and restrained from doing any of the followiaZg, effective immediately and until the entry of a final judgment in this action or a further order of the Court: 1 PROPOSED] ORDER GRANTINCr MOTION FOR PRZ/LIMIl~?~RY INTUN~CTION FOR ABATEMEN`T' OF PUBLIC NUISANCE 1 2 3 4 S 6 7 8 9 1.0 l1 12 1.3 14 15 16 17 18 19 20 21 22 23 24 25 25 27 28 1. Conducting, or permitting to be conducted, any business activities at the premises located at 295 E. Caroline Street, San Bernardino, California and commonly icnawn as the Hudson Theater {Premises); 2. Holding, or permitting to be held, any entertainment events at the Premises; 3. Maintaining nr operating the Premises in violation of any federal., state, or local law, including but not limited to the Drug Abatement Act {Health & Saf. Code, § 11570), the general law ofnuisance (Civ. Code, ~§ 3479-3480), or any ordinance of the City of San. Bernardino, including but not lizx~ited to the provisions pertaining to curfews far miners and the causing of excessive anise; 4. Allowi~jg the unlawful selling, serving, storing, keeping, maa~ufacturing, or giving away of any controlled substance, precursor, or analog on the Premises; 5. Maintaining or operating the Premises in violation of any provision of the Conditions accepted by defendants Margaret and Michael Sherman and Rajae 7arour upon. the issuance by the City in or about August 2005 of Entertainment, Operator's, and Games of Amusetn.ent Permits pertaining to the opcratin~l of the Premises; a~ad C. Maintaining or operating the Premises in violation of any provision of Conditional Use Pen~~it No. 93-14, approved by tl~e City Planning Cn~x~~raission nn 3une 22, 1993, as modified by Amendment to Canditioris No. 00-17, approved by the City Planning Cnmmissian nil December 19, 2000. IT IS 5® ORDERED. DATEDo JUDGE OF THE SUPERIOR COURT 2 [PRQPOSDi ORD1/R GRANTI~Ci ~VIO'I'ION FOR PRELIMINARY i,TUNCTION FOR ABt~"I`~MEtiT O~ PUT3LIC NUISANCE 1 2 3 4 5 6 7 8 9 10 11 12 ~. 3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PR®OF OF SERVICE STATE OF CALIFORNIA. COUNTY OF SAN BERNARDINO I am employed in the County of San Bernardino, State of California. I am ovex the age of 18 and not a party to the within action; my business address is 300 No. "D" Street, Rm 668, San Bernardino, California. On ~Ianruary ~. , 2D10, I served the foregoing document described. as: `PROPOS~D~ ORDER GRANTII~~TIOl~ FOR PRELIMINARY I1r1JUNCTIOIY FOR. A~,B~TEIVIENT OF PUBLIC NUISANCE on the persons set Earth below as fellows: R. Bruce Evans, Esq. Roger Jan Diamond, Esq. Soloman, Saltsman & Jamieson 2115 Main Street 426 Culver Blvd. Santa Monica, CA 90405 Las Angeles, CA 90293 (310) 399-3259; (310) 392-9029 FAX 310) 822-9848; (310) 822-3 512 FAX (Attorney far Margaret Sherman, Michael ~Attarneys far CCI Club SB LLC) Sherman, Rajae Zarour dba The Hudson Theater) (BY MAIL) By placing the envelope for collection and mailing following our ordinary business practices. i a~n readily familiar with this business's practice for collecting and processing correspondence far mailing. On the same day that correspondence islaced far collection and mailing, it is deposited in the ordinary course afbusiness with the United States Postal Service in a sealed envelope with postage fully prepaid. (BY FAX) Based. on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed above. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, '' is attached. / (BY OVERNIGHT) I enclosed the documents in an envelope ar package provided by an overnight delivery carrier and addressed to the persons at the addresses listed above. I placed the envelope(s) or package(s) for collection and overnight delivery at an ofJ'~ce or a regularly utilized drop box of the overnight delivery carver. (BY ELECTRONIC SERVICE). Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused. the documents to be sent to the persons at the electronic notification addresses listed above or on the record. / (STATE) I declare under penalty of perjury under the laws nfthe State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the a~'ice of a member of the bar of this court at whose direction the service was made. Executed on ~anuairy ~~ , 201f1, at San Bei`xka~-di~o~~~'~~ifc~rnia. €: 4z ,~~. Angela Rodri~ttez '~''~`~' r' . (type or print name) ~ ~ ~ (signatui e) F:IDIMICHF.,LE1~3udccm-Tk~eaterlYleadingslPOS - oik~ea- Fax, FedEx, F:lectranic.wpd II i i ' 3 5 6 8 s ~o tt t2 t~ ~ =~ ~s tb i~ rs ~ f~ ~~ a~ ~~ z~ za zs 2c 2~ zs F'~' ~, l.i~'' i ~ ~ .~ `i TAMES F. PENMAN, City Attorney ~_ ,_ `~ ' ~ ~ Jam` ~' State Bar No. 91761 ~ ,IOL~.NA E. GRIDER, Senior Deputy City Attorney State Bar No. 1 x}5289 DONN D~I~M~ICHELE, Depr~ty City Attorney No Filing Fee Per- Govc~rratrte~.t Code ,`5 G103 State Bar No. 84935 r,i ,, ~ ~ 3 Ofl Narth D Street ` ~ ~ ~~~~ '~~,~ ; ; r '. t~ t ~ a~~ San Bernardino, California 924I8 ~ ~':~ ~~ ~'1~.f "l`elephone: (909) 384-5355 ~ ~ ~~. ~~acsirrkile: {909} 384-5238 .~.__..- '~. ~ ~~ Attarneys for Plaintiff PEOPLE O~ THE STATE OF CALIFORNIA SUPERIOR COURT OF THE STATE OF CALIFURNIrA FOR 1'HF. Ct)UNTY OF' SAI~i DFRNARDI~iO PEOPLE OF TI--IE STATE OF CALIFORNIA, Plaintiff, vs. IV[ARC3-AR~T SHERMAN, iVII~HAEL SHERI~IAN, and RATAE ZA~~tOUR, doing busines as THE HUDSON THEATER; CCT CLUB SB LLC; DOES I through 20, inclusive, Defendants. A,ND RELATED CROSS-ACT10N Na: CIVDS 917851 ORDER G12A1l~TI1o1G LI~MINARY INJUNCTLON Sept: S32 cadge: Hon.. ~lanet Frannie ~ctinn filed: December 2Z, 2U09 ORDER On the rnotioa~ of plaintiff and for good cause shown, defendants Margaret Sherman, Michael Sherman, Rajae Zarour, their agents, servants and employees, and all persons acting candor, in concert with, or through any of them, are horeby enjoined and. restrained from. doing any of the fallawing in the operation of the premises located at 29S E. Caroline Street, San Benlardino, Califo~~lia and commonly know~i as "The Hudson" and/ar "The Hudso~~ Theater" and/oi° "The Gotham" and/or "The Old Gathan~" ORDER GRANTING PRIILIMINAItY INJUNCTION ~ ("Premises" or `"venue"}, effective immediately and until the entry of a final jud~~z-~ent in this actia7~ or a ' further order of the Court: 3 l . Maintaining ar operating the Premises in violatio:ta of a.ny federal, state, ar local law, 4 including but not limited to the Drug Abatement Act {health & Saf, Code, ~ 11.570 et seq.}, the general law of nuisance {Civ. Code, ~~~' 3479-3480}, or a~~y ordinance of the City of San Bcr~~ardino ("City"), c~ .~ including but not limited. to the provisions pertaining to curfews for minors and the causing of excessive noise; 2, Allowing the unlawful selling, serving, storing, keeping, manufacturing, or giving to away of any controlled. substance, precursor, or analog on the Premises; ti 3. Maintaining or operating the Premises in violation of any provision of Conditional. Use 12 t3 Permit No. 93-14, approved by the City Planning Commission on 3ttne 22, 1993 (attached to this Order r~ as Exhibit 1}, as modified by Arnend~~nent to Conditions No. 00-17, approved by the City Planning is Corra~x~ission on December 19, 2000 (attached to this Order as Exhibit 2), or any provision of the tr Co~~tditions accepted by defendants Margaret and Michael Sherman and Rajae Zarour upon the issuance ti by the City in or about August .2005 o f Entertainment, Operator's, and Games of Amuserncnt Permits 18 t~ pertaining to the operation of the Premises {attached to this Order as Exhibit 3}; anal zo 4. Maintaining or operatia~g the Premises without complying in full with ail of the following 2l conditions of operation.: 22 a. At least two weeks' advance notice must be given to the San Bernardino Poliee 23 `~ Department {"SBPD") of all events with expected attendance of more than 2,000. zs b. Restroozn facilities m~~st be provided for patrons waiting in line to enter the Premises. A ~~' minimurri ratio of one toilet per 2S0 patrons outside tl~e venue must be maintained. 2~ c. All parking lots surrounding the venue and the exterior of the venue must be cleaned of zs all trash irnzmediately following each. event. URDER GRANTING PRELIMINARY IN.TIJI~TCTION t d. Na music ar other noise originating from tl~e venue tray be audible beyond the railroad ~ tracks south of the venue, Water-nan Avcn~te east of the venue, Caroline Road north. of the venue, ar 3 Hunts l..ane west of the venue. ~ x~~~~ cr.s c~~~~ru~~s~ p, ~~~~c~. ~ ~1 ~r~tr ~c~~v~c~~~~ ~~ ~~t~~~~p~ C'crc~ ~ ~olo~.f~. ~ . e.~ ~i~Minors (persons ender t8 years old) may not be o~~a the Premises after curfew (11:00 p.n1. r; Sunday through Thursday and l?:OL a.m. Friday and Saturday). ~ ~ ~~-Ail events open to mii~ars :must end at curfew. ~~ Advei-tisetnents for events open. to minors rriust clearly aa~d accurately state that tL~e event will end at ctu-few. The applicable e~rrfew time for the day of the event ;:Host also be clearly and to t t accurately stated in all advertisements. t2 .,~' ~ All patrons atld other persons er~ttering the venue (including deejays, band mernhers, and. t ~ other entertainers) and their property n~ttst be searched by security oifiicers prior to entering floe venue. t~ ~: Ail patrons and other persons entering tL~e venue (including deejays, bands, anal other 15 e~~tertainersj tnu.st he scanned with a metal. detector prior to entering the venue, to prevent the tc t~ introduction of weapons into the venue. is ~ ~.' No illegal items of any kind may be brougl-~t inside the value. t~~ ~ No backpacks, purses, bags, fa~~ny packs, satchels, duffel bags, tote bags, or other similar ~' ?~ storage containers are allowed inside the ve>~ue. 2t ~~ ~ ~ No cigarettes or cigarette packages maybe brought inside the venue. 23 ~, ~`. Qniy the following items of personal property ~x~ay be brought inside the venue: driver's '~ License or otlicr ideratificatian card, currency, bank access cards, cellular telephones, feminine hygiene ?s products, and Legal over-th.e-counter or prescription zx~edications. ac> ~. No narcotics or narcotics parapher~lalia may be brought inside the venue. ,~ ~~ ~. DRDFft GRAN"T'ING PRELIMINARY L~NNC-TIN z 4 r, s ~o ~z ~3 la ~s l6 ~~ is ~~ ~~ ~~ ~? ~~ ~~ 2z Zc ~; ,s ~,~ y~ A force of private security officers must be rrlaintained at the Premises far the duration of each. event. A ratio of at least one officer per 1.00 patrons must be maintained at all. times. Narcotics and narcotics paraphernalia faunal by security officers ar~ust be confiscated and ~- the SBf?D notified. Confiscated items znl~st be maintained in a secured box until close of business. After close of business each day, the SBt'D must be notified to came to the premises and take custody of the items, ~, Persons from whom narcotics andlor narcotics paraphernalia are confiscated must be detained and monitored by security officers in a secure holding area until picked up by SBPD officers. }~ ~ Sighs must be posted inside and outside the venue advising that persons fo~xnd in possession of narcotics or narcotics paraphernalia will be arrested and prosecuted and. the illegal items will be confiscated. t~, ~ Security officers must be trained and certified in the recognition and identification cif narcotics and persons under the influence of narcotics. ~ ~ Security officers effecting the arrest of any person must prepare a written report I documenting their observations and actions preceding, during, and fallowing the arrest for presentation to SBPD officers and for use in prosecution of the arrested. individual. C> y~ Security officers must not permit anyone to loiter outside the venue, inchiding inside vehicles and in parking lots surrounding the venue. Persons not on the Premises far the pL~rposc of attending an event at the venue must be required to leave the Premises immediately. ~-~- ~ Security officers must immediately notify the SBPD of any disturbance andlor crime in or outside of the venue even if security officers intend to handle the situation without police assistance. 4 ~~~ _ __ 012T)~R Git.ANTING PRELI?vfTNARY 1N3LJNCTION {,~ ~ ,Security officers must inspect all restrooms i~aside the vent-e every l5 minutes during 3 5 c~ i~ fi -? t~ 14 t5 tt I7 ~s l9 zo ?t 73 ~~ ~~ ~s ?6 z~ 7s each event. A minimum of fiive security officers must maintain a constant presence in all parkiatg lots surrounding the venue during each event, patrolling the parking lots at all times. ~ ~ Security off cers must detain and. monitor in a secure holding area all. persotls observed ~~ committing felony crimes on tl~e premises until. picked up by Satz. Bcrnardina Police officers. No alcohol sales are permitted inside nr outside the venue without a license. ~/ Nn alcohol sales maybe made to anyone under the age of ? 1. ~~ l If an alcohol sales License exists for the venue, only ane alcoholic beverage may be Bald to any patron. aged 2 t or over at any once time. ~ ~(. ~ If an alcohol sales license exists for the vent.te, no alcohol may be sold to any patron appearing to be intoxicated. ~, ' ~~ A capacity o f 3,45{} patrons for the entire venue tmust be strictly enforced at all times by security officers and/or en~ployecs and at no time shall that capacity be exceeded. ~ ~ ~ e~. The venue capacity of 3,450 must be clearly and accurately stated in all advertisorrtonts for even/ts at the venue. ~~_ ~ No more than 3,450 tickets may be sold for any event at the venue. ~ ~ ~. When capacity is reached. at the venue nr tickets are sold out for an event, sighs must be erected near the entrance, sales booth, and all sides of the exterior of the venue stating that the event is "Sold Out/" and requiring alt persons not then inside the venue to Leave the 1remises. ~~ tai. "No Loitering" signs relectittg local and state laws prohibiting loiteri.~~g must be posted on all sides of the exterior of the venue and in parking tots surrounding the venue. s ORD~'R URA~TING PRELIMINARY INJUNCTIO? t 5 ca 7 '~8 ~a 12 13 ]~ 15 ~{, 17 18 19 2(} ~~ ~~ ?3 ?~ 2S ?( 27 2s ~~ ~ The venue must have awell.-established and secured queue for patrons to purchase tickets andlor eater the venue. The queue may be no greater than eight feet in width. ~~ . One security ward rn~~st be present every 25 feet in the queue to monitor patron conduct and prohibit narcotic sales and all other disturl~azices. ~ ~ Doors providing access between the two separated portions of the venue must be locked. if two events are occurring simultaneously anti one pern~its minors while the other prohibits minors. ~~>ai~ ~ ~~tr ~s cr~e v~~'~~~r~ tt~ ~~i'~i~c~ ~'c~~r~f s~s~~~~~ ~~~i~~nn n~ 1T IS SO ORDERED. ~~L~-~ ~~rC~. ~ ~'" ~ ~`~ ~,~j~~' ~"~~~ ° ~~~r,~~}F~ Js rro^~~~'~c~ ~-d sir/~, ~i,s ®; ~~ ~~a~~~ie Dated.: April , 2010 _ '~ ~ 7~i~5'~ JU xE OF THE SUPERIOR C~ U~~T G ORD~.R GRANTII~rG PR~,LIM:IN:ARY INJL"iNCTION ~I~I~IT 1 ,! } City of San l~ernardino STA'T'EMENT 0~' OFFICIAL PLANNING COMMISSI©N ACTION ~'RC3JECT Nu7mk~e~' Applicant: Owner: ACTION Conditional Use Permit No. 93-14 Ca~'civan Property Management Corad ~3aker for 5imchnwitz Cn. Meeting Date: June 22, 1993 X Approved Cariditianal Use Permit No. 93-:L4 subject to the Findings of Fact (Attachment '"B'"} , Condit3.ons of Approval. (Attachment "C") , and Standard Requirements (Attachment "D"}, with a revisio?? to Ganditian ~1? (as distributed to the Planning C©mattission and the appl.i.cant), and a deletion of Condition '~12 of the Building Division Standard Requirement. VOTE Ayes; Affaitati, Cole, Gonzales, Ortega, Romero, Stone, r~i~c'~V~~' Nays; None Abstain: None Absent: Nave The decision of the Planning Com:nissian is final unless a written. appeal a written appeal is filed, with the appropriate fee, within 15 days of the Planning Cgmmissian's action, pursuant to Section 19.52.1.QD of the Municipal (Develapzaent} Code. I, hereby, certify that this Statement of Official Action accurately re lects the final determination of the Planning CQm:nissinn o e City of San Eiernardin . ~.~ ._ _. _ Z _~ e 1:} e Al Boughey, Directcar of Planning & Building Services AB/dm Attachments cc: Project Applicant Project Owner Plan Check Engineering Divis~.on .:Case File CITY OF SAN BERNARDiN4 PLANNING AND BtJILD[NG SERVICES DEPARTIviENT L~~~~ AGENC3A ITEM ~ ~ _ _ HEARING GATE 6-22-93 VfIAR© ~ t~ U t~- W W Conditional C7se Permit No. 93-I4 APPLfCANT: Caravan ~>roperty Mgmt 570 Kinl.ey N.B. Albuquerque, NI+i 817E}2 oW~E~: Cox~ac7. Baker for Simchowit 3415 5. Sepulveda Bl, #31 Los Angeles, CA 90(734 To establistz a theme night club {country westerns in an existing 44,764 square foot tenant space in a multi-tenant cornntercial center. Night club will include on--site sale anal ccansurnption of alcohol {beer, wine & well-drinks), rive entertairii~~ent, disc-jockeyr dancing and hillaz'ds= Lpcated on the south rest corner of Caroline Street and Waterrrtan Avenue at 295 E. Caroline Street. ~~0~~»~r Subject North SQUth fast West ~ IExIST1AlG ~„uSE ~a Commercial Center CR-3 Mixed Co>€imercial CR-3 Industrial Warehouse/Vacant IL Vacant CR-3 LVhalesale Commercial/ CR-3 Vacant GENERAL PLAN ~}~.~~aNAT1CJN Comrr~ercial Regional Commercial Regional Industrial. fight Commercial Regional Commercial Regional. GfwOLfJGfC 15IYlSM1C © YES FLOC]D HAZAAp ©YES ©ZC3NE A SEWERS; ~ YES fiAZARf7 ZONE: ~] NC) ZONE: ~ NO ©ZC~NE B D NO HIGH FfRE © HAZARp ZONE: ~ YES 3VO AfRpORT lVC7f5E! ~ YES CRASH ZQNE: NC3 REDEVf;Lt7f'MENT I~ YE5 PRO.iECT AREA: I~ NO h- Z N [1d f~' ~ _Z ~~ ~' [~ NpT APPLfCAB€.E ® EXEMPT Class 1 PL~TENTtAL SfC"aNIFICANT EFFECTS W1TH Mfl'1GATING ME45URE5 NO E.f.R- [~ E.I.R- REQUIR~p BUT NO SfGN4FICANI- EFFECTS WITH MITIGATING MEASURES ~ SfGNIFiCANT EFFECTS SEE ATTACHEb E.R.G. MINUTES ^ ~!O SIGNIFICANT f=f=FECTS ."~; C? 1-° 'Q tJL. G dL Li# U~} ~ U W CC ~{ APi~ROVAL ~ CONDITIONS C7 DENIAL ^ CONTfNIJANCE TO C~ PLAN-8.02 PAGE t OF 7 AtLa~hment „C" i CITY o~ sAN f~E~NARQIrIO PLANNING caS~ c~~ ~3-~ ~ AN[3 BUILDING SERVICES DEP,4,RTMENT AGENDA 1TEM ~~~ ~ HEARINGDA~E 6-22-~~ -- PAG (; _- ~ 1 ---- - 1• ^,~nstruction shall he in substantial cr,nfoxmance with the pl~encs> apc3ro~ed bv- the I~iz-ector. 1)evelooment: Rec-te~.~ 1`ammit.tee. ~lannang Cr~mmissic~n or Mayor and Common Council - ?`finer rnodificatian to the nlan(sa shall he sYxbject to approral hr the Director through a minor mcsdifieation permit pr.oeegs. An~• modification which exceeds It)Y of tha following allow<-~ble rneasur.able deli@nlsite considerations ahall require the refiling of the original application and a subsequent he-•a ring b~• the appropriate hearing review authori.t~• if applicable. I ©n-site circulation ar~d parking. lsaadinS and landscaping: 2. Placement and/or height of walls, fencPR and st rtzetutes t 3. Reconfiguration of architectural feature . including colors. and/or modification of finished materials that do not alter or compromise the pzec>iausly approved theme: and. 4. A reduction i n den~ri. ttir or i.ntenQi t~• of a development Project. __ 2. _ Within one Fear of development approval. _. _ cot~smencement of construction shall pare occurred or the permit/approval shall become null and t-aid. 1n . addition, if after cot-amenceroent cif construction. work is discontinued for a period of one wear, then the permit/approval shall became null and void, Projects may be built i.n phases if preapproved by the reviera authority. If a Project is built in preapproved phases. each subsequent phase shall have one year from the nrevio~as phaSE's date of construction commencement to the next phase's date of construction r.ommencement to have occurred or the permit/approval shall beca~ae mull and void. Project :~Canciitiona~ Use Permit Na ~ 93 ,~.4 Expiration Date:__June_22,-X994_-_-_--___._ a*. ar aw fPwN1..o rL+VV~BSw r.ti+e s ur s j+rw~ cxfmuri re«rrwaaw..i'~~ Page 1 of 7 C S~ CUP 93--14 C17Y OF SAN BERNARDINQ P3.,AN~1fNG AND BUILDING SERVICES ©EPARTMENT J~l~~ A AGi=N€3A lT~lu[ 4 FiIARItVG DATA 5-22-93~ PAGE 12 3- The rez•i esr out. hori tr ma~~ , uK~an app) i r.at i on bei n€~ --------_..__-_ fi 1 ed 3(} da~':r pricer to the ~~pi rat. ion date and fnr good cause, grant one time extension not to exr.eed 12 months. The reti'iew authnrit~• sha3.1 ensure that the F>raject complies wit#~ al I current l~e~'elat~ment Cnde provi5 ions- 4. lri the event that Y.his appra~ral is 1ega11~- _~____-___. challenged, the Citt• s:il l prarnptl'sr notify the ac~plicant of an~~ claim ar action and sill cooperate fully in the defense of the matter. Once notified. the a~+plicant agrees to defend, indemnify, and hold harmleQs the Cit.v, its officers, agents and emPlaYees from ants' claim, actiars or. proceedin€~ against the E~ity of San Bernardino. The aFPliosnt farther agrees to reimburse the City of any cats and attorneys` fees which the Cit~° rnat° he required by a court to pay as 2 result of such action, but: such [~articit~ation shall nok relie's-e applicant of his ax her obligation under. this condit.ian. ~' ha vaca~~t, relor_ated, altered. reraaired or ____~_______ #sereafter erected structure shall be occupied or no change of use of land nr structure{sy sha31 #:e inaugurated, ar no neF business commenced aF authorized by this permit until a (:et'tificate of Occupancy has been issued br the ilenax-troent. R temporary Certificate of (?ccupaney may he issued b~' the Department subject to the conditions impo9ed an the use, Provided that a deposit is filed with the Department of Public Aorks prior fo the issuance of the Certificate of bccupanc's~. The deposit or security .~-hall guarantee the faithful performance and caozpletinn of all terms, conditions and performance standards iu~ppsed on the intended use by this Permit. Friar to the issuance of a Certificate of 4ceupancy, the landa~:ner shall file a maintenance agreement ar covenant and easement to enter and maintain, sutsject to the approval of the Cit~• ,Attarnet°. The agreement or covenant and easement to enter and maintain shall ensure that if the landowner, or subsequent awnerts), fails to maintain the required/i.nstalled site impr.avements, the City uil.l be able to file an appropriate lienEs) against the propert)° in order to aecomnlish the required maintenance. pry pF FMI R'IF~M~ MLMYiaJM NM?t ~ ur ~ {4~NJj mf f1etiL M~leso p'J11~IaFi CITY 4F SAN BERNAI"iDINO PANNING CASE c~rP ~ ~ ~ ~ ~ AND BiJ[I_©It~G SERVICES DEPARTMENT AGENDA ITEM ~~~ ~ HEARING DAVE `~ PACs E 6. This F~er~nit nr a~[~rnc•a1 i~ SE~1}jec:~t tc~ ths• =etta~~t3~d --_.._-___-.- c~^c~itir?ns nr rec~uixemEnt.s cif the fnllo}ing Cit.~- De partraents or 1)ivisinras: ~ Fire T)epar.traent Parks. Recreat.ior~ $ Cc~mmunitt- M_.-___-._..___ Services Department ~ Building Services Dig=asicsn cif the _-.---_---__.~ planning ~er,d Building SertriePs Department Poliae Department Public Sertices ~Refusel Department Public kc~x•ks tpngineering) __._..~__-_•-- Department ~ mater Department pTr ~ a,.w ~erw~wa.rc'~ YLAN-Rjh1 YM.iC ~ ur 1 (trovj ebrmu.wrtr.o~erots CITY t'~F SAN BERNARDINO PI_.ANNING AND BC1I~DINC SERVICES DEPARTlI~ENT ~~ CASE _ Ct1P 9 3 - ] 4 AGENDA IPM HEAR]NG CIATE-,,~-?2-93 PAG ~ - _ 14 _.. 7" This Permit ar approval is subject to all the ------~ applicable provisions of the Development €'ade in effect at the time ref approval. This includes Chapter 19.2D - PlcopertV Bevelnpment Standards, and includes: dust and dirt control during construction at~d grading activities; r~tnission control of fumes, vapors, gases and other. forms of air pollution; glare control exterior Iightin,g design arad edntrol; noise control; pdor. control; screening; sighs, off-street parking and off-street loading; and, vibration- control. ScrPenint; and sign regulations compliance are important considerations to the developer because they FiII dela}~ the issuance of a Certificate raf Occupancy until they are complied Kith. Any exterior structural equipment, ar utility transformers, k~e~xes, ducts ar meter cabinets shall be archztecturally screened by Fall csr structural element, blending with the building design and include landscaping when on the ground. A sign program for all nex commercial, office and industrial centers of three or more tenant spaces snail be approved by the Department prior to the issuance of a Certificate of Occupancy. This rer~uirement also includes anY applicable Land Use District Development Standards for residential, commercial and industrial developments regarding minimum, lot area, minimum lot depth and Width, minimum setbacks, nnaxirrum height. maximum lot coverage, etc. S- 'l"his develot~met,t sk~~cll he re4uired try maim-sin a _~~_---- minimum of _2,_419 _ standard off-st-reet narking spaces ac shokn on the approved plans) can fi3e. C4NDI'~~pN'A~" SSE PERAi1T NO. 93- 4 .' AGENDA ITEM;-_~r HEARING DATE: 5-22-93 PAGE: 15 ATTACHMENT "CF1 9. The establishment of any use in the remaining vacant space in the commercial center shall require a parking verification to accompany the required applicatiran {Development Permit, Conditional Use Per[nit, etc.) for' the use. In any case, no less than a bevelopment Permit (Type ~) sha11 be filed for verificat~.nn of parking. ~'nr the establishment of any use in the center remaining open past 5:3D p.m., a revised shared parking analysis shah. be provided as a part of the required parking verification to ensure no ccsnflict exists between the proposed use and existing uses in the center, incl~xding the night club. 10. Any extensican of operating ho€1rs by :3n existing use in the center later than these currently established shall require a Development Permit (Type T) Parking Verification ts~ include a revised shared parking analysis try ensure that no parking ccznflict is created by the change. 11_ , Axi3~-~p~cial events.-held-at the..-might club outside"-the--pregeeed--- operat~.aag-hours of Wedne3r- thr®ugk~-..sumday,--~:-o~-p-.-m-. tom'-~-~bA~-_ gs.»m_.. ~sha~'- die- -suk~}act- ~ - -r-e~v i ew-. -andM -appr-c3va ~, - -c3€- ~ ,Te~rpa ~-a~~ C.7se Permit Application. In addition to the requirements out1,~=wed" ~i-ir -~ha~er- 3~: ~ ~, rr~ ~h~ -i~eve~3~~nerat- -Codes -tait#r ~egax-d to - -Tpra ra-~ .. _g~s - arm-its ; - _ dum~n-tats-an - --maw - tae - - re~i~°ed ~xk~.lrirt.i.~g-- tI~e--qua.i3~il~.~---~csf--qt~,a~--pa~inc~--far--tae ~ ra-r~on- - ref` -tl~-e - she e i.-a-k ° -rerr~: _ _ - A~ - ~mp~ra ry- - U - -Pe rz~ri-t .subttu._tted- -f ~= -a- -spec-i-a-l - ~ven~-- s~a~~l -. -be - ~-c~uted- - te~ -t.k~~ --Fi.-r~ r?epa~~me ; - - , Po•~iee-- - -Beptm -- - - f~ - ~ - drm~.-nati~sn - - - ~z~xzd ecc~or~r~at= a~oz~- -c3-f -a~gu~t-e -~ ~-ngref eels ~ - -ores~ad~; - tra f~-~.-~ - attd pa rka~.~ag -c ozitro]..~r -axad- emge~y _s a ,~.-~ es-.- - ,Art -1 east -t1~3-qty - da-~ mead-~~me-mould be•-ali~d-~~~-prcce:~ei.ng~-priar~~a-t~--e'verr~, l2. "Na loitering" signs shall be posted ix~. the parking lot with management enforcing the signs. 13. Exterior lighting shall be sufficient and properly maintained to illuminate ail areas of the exterior of the building and parking lot for easy detectir~n of all suspicious and criminal activity. 14. Entertainment provided shall not be audible beyond the area under control af' the licensee. 15. Security shall be provided and maintained at all times as described in the letter dated June 2, 1993 from Tanmey & Associates. All of the security guards will. be properly licensed by the State of California. ~1 `~' CONDITIONAL USE___PERMTT NO_•___93-~4 Replace Condition No. 11 on. Page 15 of the Staff Report with the fallowinr~: 11. Any special events propased to be held at the night club between the hours of 1:30 a.m. to 5:00 p.m., Sunday through Saturday, shall be subject to review and approval of a Tempc~xary Use Permit Application. In addition to the x-equix'eanents outlined in Chapter 19.7© of the Development Code with regard to Temporary Use Permits, dacumentatian array be required exhibiting the availability of adequate parking for the duration of the special event. Any Temporary Use Permit sulaaztitted for a special events shall be routed to the Fire Department and Police Department for determinataoa7, and caordination of adequate ingress/egress, craved, traffic and parking control, and emergency services. At least thirty days lead time should be allowed for processing the Temporary Use Pea"aait prior to the event . De~.ete Building and Safety Division Standard Requirement No. 12. The building is presently existing. This standard requirement is only far construction of nave btaild.ings and was inadvertently added by Building and Safety. ,b~~N non/ _ . Yp ~l z CITY OI~ SAN BERNAI2I3INO ~ Nlkf 11 lF ti~ r ~ s / 3 _.. S`FA'I'EMEN I OI' O1~FICIAL I I ~NIVINC~ C{~10~?~ISSION !~C'IION I'RO~TEC'I' Nua~tl~er: Caiaclitianal Ilse Pe-•Tnit Nc~. 93-1~ Acidness: 235 I~~ C`aroline Street Owner: Club Center ln~~~estors Applica€xt: T~~i~y Delhei€z~ & KirE~y Band Descriptia~a: Ta arraerad the conditzans af~ approval for Canciitional Use Permit Na. 93- 14 tc~ extend club apea:ating hours (for Ne~v WestlGotharrt Cinb} from 1:3~ a.z~a. on Thursday, I~`riday, Saturday arad Su€~c1ay manning until 2:Q(~ a.€~zt. each axaarazing. 'The subject praperty is art irregularly shaped parcel of land consisting c>f about 1.6.21 acres loca.ter~ west of Waterman HVeI1ai~, aii tii~; &autll 51d:. ~,~ Car:~lirae ~t~;:F,-',t ~t ~~5 ~.- C',.~rnlln~ ~fre~t. ACTION: Al~pa:ovecl lvleetir~.g hate: D~:cen~ber 1=~, 2000 The Planning Corn€nissiota appr©ved the re€luest with. the a~ncndrrzent of the days of operation to ~'ecla~aesday, Thursday, Friday, and Saturday. VOTE Ayes: .Derry, Darr, ~raciso, Ilackett, kamirez, 5auerbru€~, Thrasher Flays: Nnne Abstain: None Apsealt: C:oute, Garcia, Welch Tlae decisia~a cal the Planning Cc~anmissioal is final unless a written appeal is filed, with the appropriate fee, within l5 days of the Planning Commission's action, put'suant to Sectia.n 19.52.100 of the Municipal (Develap€r€ea~t} Cade, I hereby certify tl~tat this Statement of Official Action accurately reflects the final deterra~ination of the I~lannir~g Cora€raissian oi` the City of San Bernardino. Valerie Ross, Principal Planner ~~?° gate cc: Cass Fle,`Department File, Address 1=ile ~„) ~~.f~,~.CITYOF SAN BERNARDIi"d() ~'LA..'~?'VIN~- DIVISIOI~I C~.SE: C~~nditianal Use Permit 93-14 AGENDA ITEM: I HEARING DATE: l~'overni~er 8, 2000 WARD: 3 APPLICANT: C)V4rNER: Tony llellaeirn & Kirby Band Club Center Inverters 2200 E. River Road, Suite #126 295 E. Caroline Street Tucson, AZ 85718 San Bernardino, CA 92408 RE hI~EST1LCaCATI(ll`~I: The applicant requests approval t© arnencl conditions of Conditional Use Permit No. 93- 14 and extezzd club operating hours for New West Gotlzazxa Club, t~riginally cl~sir:g at 1:30 a.m. ort Thursday, Friday, Saturday and Sunday rr~orning to extend until 4:00 a.rn. each morning, located at 295 E. Caroline Street (APN 0164-X21-68), in the CR-3, Garxunercial Regional land use district. CC3NSTRAINTS{(3'VIaRIJAYS: Nc~t Applicable El~'VIR©NIVIENTAL FINDINGS: © Nat Applicable ~ Exempt, ectiaiZ IS3Ql ,Existing Facilities © No Significant Effects ~ I'atential Effects, Mitigation Measures and lYlitigation Monitoz~izzglReparting Plan STAFF REC(JIVL'~~Ii*NDATIQN: © Approval © Conditions © Denial © Continuance to: Cants. ~''Iss Permit Na. 93-14(CUP No. fI0-!7) Hearing Late: Navernber cY, 2f11}0 Page 7 R;/~UES~ AND I.,CJCATI~N The applicant requests approval of an amendlnent t© conditions Na. 00-i7 of Conditional Use T'enrzit Na. 93-14, pursuant to Development Code Section 1q.36.080, to change the closing time far the New West Gotham Club from 1:30 a.rn. to 4:00 a.m. on Thursday. Friday, Saturday, and Sunday morning. The club occupies 44,764 square feet in a rrlulti- tenant center located at 2q5 E. Caroline Street in the CR-3, Commercial Regional land use distz-ict. BALI{GI24UND The Planning Commission originally approved the application for Cozlditinnal Use Permit No. 93-14, an June 22, 1393. The hours of operation ware established far Wednesday through Sunday, 5:t3t~ p.rrl. to 1:30 a.m. The nightclub would remaial closed on l~~landay algid Tuesday, The clut~ was originally established with a county western theme, The nightclub includes the sale of alcoholic beverages (beer, wine, and well-drinks) for on-site ccnsumpt~on, I.ve ez~terta~n.rrlez~t, a dive-;OCkey, danerng, and 1~1111ards. C~cCaskanally (approximately once per month), the live entertainment may include headline acts. The request for an alnendrrzent to Conditional Use Pernrit No. 93-14 r~vas reviewed by the Development Review Committee {DRC) and cleared to the Planning Commission on Septerzlber 28, 200G. - CAI.~.II~C9R.NIA ENVII~ONI1~~ N'TAL U[JALITY AST The proposal is categorically exempt fratxz the Califorr~aa Environmental Quality Act (CEQA) pursuant to Section 1.53(31 of the CF,QA Guidelines, which exezxzpts tl~e operation, repair, maintenance, ar minor alteration of existing structures or facilities not expanding existing uses. I)ISCUSSI(}N The Police Department believes that extending the hours would impact the provision of Police Services. Attachment D. As a result, staffbelieves tl~e proposal canicts with Conditional Use Permit Finding § 19.3E~,OSD {7) which states that "there are adequate provisions fo.r public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detriznezatal to public health anal safety." Extending t11e hours wit] be detrimental to the public interest, health, safety, convenielace or welfare of tl'ze City because additional police resources would be required to monitor activities and respond to incidenis at the venue during the added hours of operation.. General Plan Objective 1.6,3 states "it shall be the policy of the City of San Bernardino to require Police Departmenfi review of uses which may be characterised historically by high Gondi "fse Permit No. 93-f4(CUP No. flfl-17j Dearing Dare: Novemfler 8, ?D00 Page 3 of ccantrol of use to I~revezxt adverse impacts on adjacent residences, schools, religious faci3ities, and similar "sensitive" uses. Based on Police Department's concerns, the proposal is inconsistent with this objective CdNCLLS10lV The amendment to caz~ditions does meet the Findings of Fact. RF COMIl~`Ellr&]ATION Staff recommends the Planning Corrzzrzission: Deny the arzzexzdxr~ent to conditions to extend the club fours on Thursday, Friday, Saturday and Sunday mornings frazrz 1:30 a.rrz. to 4:0~ a.rn. based ot~ the cozzflict with the Findings of Fact. Respectfully Sulzrrzittecl, William Woalard Interim. Director, Developzr~ent Services c.i L Sylvza 3~zarez Assistant l~'lazaner Attachment A Lc~catron Map Attachment B Site Plans Attachment C' Applicant's request to amend the conditions fox CUI' 93--1A~ Attachment D San Benlardina Police Department Interoffice Memorandum Eh3I~I`T 3 ~i~d'Y'ERT.A-1~I?1~i~1~I' ~'Fi~I`)' C~'~S~ITI£3>~'S lte. 2~5 ~. ~araif~ze ~t.~ Suite A San ~ern~rdir~~y, C~. Tl~u licensee shall be responsible for the pasting ofsigns prohibiting liner and loitering ut tine exterior of the t~usiness and in ar~jacent parking areas. Tl~e licensee ant its management. shaii be respr~nsible frrr erafarcis~g dais and. mtain[a~ning the area free fratn litter grad graffiti. The. exterior of the business and adjacent iaarking areas snail he cleared of iitt.er at tiZC cit3se of each business day. Any graffiti marked upon the premises or any adjacent area urtdcr the control of the licensee snail be removed witiain ~8 f1aC.lrB. 2. The. perking lot and exterior taf flee premises shall he equipped with lighting of sufficient vx e t i :n arti mu n V'~ tltr ~~ y~l ry. v n rr\\Y , fr+t of 11 r,.>r~ po.~ r o ~ urn, ate ~_~ k us,>, ~scerniiJ e t ~ apN crane ~nci WVrF~UI.t „~ a., t„~~.~cns an ar about the parking lot. ar businesses exterior areas. Aciditinnaiiy, the pcasitian cif such Sighting shaii not disturb the nc~rn-tal privacy ztnd use of any neighbRring resideracc,s. 3. If public teiepho~~es are installed fln the premises, they shall be installed inside the business d.nd prtagrammecl for outgoing tails only. ~. ~a alccat7nlic beverages shelf be cansurned can any pxoper~ty adjacent to the lcensedpxemises under flee ccantrol of the licensee. No alcoholic be~,'erages shaii be consumed aiorrg the txterior of the business, in any parking area, or on any adjacent City Street or all.eysvay. 5. Ncsise and amplified sound shall be kept tc~ a minrmurs~, tioise grid/or amplified sound shaii NC?T be audible to flee exterior of the business at any time, Noise and amplified. sraund Erato the licensed business shall nc~t be audible fz•ozn witEairz any attached business, 6. ~o thane or proznational nights in which the majcarity of the music consists t~f hip-hc~p, technoltusic~n ar rap rzrusic are allowed at ar~y time, 7. 1'rafessianally printed signs with minimum dt.mertsion of 20" x ~~" shall be postet~ at the entt'y 4vay, prohibiting any persc~t~ Erato entering the premises with ar3}° uveapons, gang idetatification sttch as, but not lirnlted to, gang t<tttaos, gang clntiaitag ter gang headgear, Such sig~as shall also prohibit the. use of gang signs car gang walking. Security and staff sh all enforce compliance with this larovision at atl tinges. 8. Iricensec rnttst comply with all City building, fire, zariin~ anti health regttlations, 9. l.Ipon detnaud, make available tt:s any polzce official flee curicnt names and addresses of Rt„SC~ fTtrxic Ni[•I~thlub~.95~Csroline.Conditions-cn~crtainrr,nnl.Pear:rC~ r~ersons who are in the managetraer~t ar operation of the business. I0. ~~ business is to be conducted on the premises after ?:(l0 a.rn. 11. Ivan eartpinyees az~e presi~ibited from being inside. the business aftea° 2:00 a.rr~. 12, Security guards shall lie required at al] tunes. Security guards shall he present both inside the business, and in all parking areas that are utilized by tl~e Iicensee. Security staffing shall be utilized in a manner tl~,at provides nne security guard per every 100 patrons inside tl~e business, and a minimurr3 of t~vc~ security guards in the parking areas at anytirzzw. Security guartl~s will be respar7sil~le fot- ens€sring a safe and conducive environment inside the ousirtess, rnaint~:uning doer coa~troi to insure proper age requirern~ents and to TI?alntairl apprapriat.e patron capacity, security aro~ind restrooms, to er€surc safe. entry and e~:it pvinrs, and to prc3vide security in tl~e parking areas. 13, Applicant shall provide a copy of these conditions to all ac:curity p~:rsonnc,l ar~d all security ;personnelshall he familiar ~xlith thn cor;diti~;:s contained herein. 14. The applicants shall be respostsible for reirr~burse:nent costs to the City of San l3eardin€~ far "Exttaorr'~inary" police services on their premises. }~xtraardinary police services a~-e those defined under San 33erndrdi.no iVlu.nicipal Code ~~.^2,01.0. 1.~. if a1cQl-~olic beverages a~:e served, the. quarterly gross sales of alcoholic beverages shall rot exceed the gross sales of food dut~irtg the sarr~e period, The licensee shall at all time maintain records wf~ich reflect separately the gross sales of food ar~d the gross sales of aleal~olic beverages of tl~e licensed business, Said records shall be kept no less frequently than on a quarterly basis and small he made available to the depat~tner~t on dexrxand. ? 6, If alcohol.ie beverages are served, the sale of alcoholic beverages for ccansurrtption off the prerr~ises shall be prohibited. I7. l4o dollar drink nights or any other drink promQtiori than vvc~uld reduce il~e price of any alcoholic beverage below $3.U0 per drink are allowed on iWriday or Saturday eveni.n~s. 18, if alcoholic beverages are served: sales, services, and consumption of alcoholic leverages shall be permitted only between tine flours of T 1:OD a.m. until 1.:30 a.m. each day of tl~e week. l..ast call for service of alcoholic beverages shall be at 1:00 a.xr;. All alcoi7ol snail be removad from serving area at 1:30 a.rn. if the quantity gross sales of food dc~ not exceed the quantity gt•oss sales of alcohol, then the sales, service and consumption of alcoholic beverages shall le pet~nitted only bet~vee,n the hours of 5:00 p.~n, and ~.1:00 p.m, each day or the week. Tr~Aese liners shall rerz~ain in effect for• at least the zxext quarter of the yea~° and until grt~ss sales of food exceed the- gross sales of alcc~holie beverages. tti,.,5f~s ;2~~E.Caraune.Cr~~diuonsi .~-. 1~3. Petitioner{s) shall not require an adrrtission charge car a cflver cfzarge to enter il;e restaurant, nor shall there- be a retluirernent to purchase a minimtam number of drinks. iz~ addition, restaurant custntners shall riot be charged arl admission charge or cover charge to enter the rest cif the premises. ~0. f3itsiness activities sf~aIi not gave a negatsve i~n~act can the c~peratior. of neighl~odng busrnesses- We have read alf of the terms and candztions oatiined above and agree to each ~` them. -G~Ie. understand that i'ailare to comply with the conditions may result in izzzmec~iate revocation proceedings andlor denial c~~ issuance of future Entcr ~ - .ills e~sta~Iishrnent, Dated.; ~ , ( ~ ~' ~; ; ~ ~ Dated: ~' ~ ~ ~~~' ~r ~ ~ ~~~ Dated: 4 ~ ~-_-__ J ~_ Rajae arour RI ~Ijs E295~.Cas~oiine.Ccrdition;j ~1?1~~.AT~R`~ i~1~~I~?o~~T C~:?`~]I~'~C)I~S lte: 2~5 ~,. Car"€~tine St., Suite dart. Bernardino, CA The. Licensee shall be responsible far the pc~stirtg afsi gns prohibiting litter and loitering at the exterior of the business and in adjacent parking areas . `L'l~e Ii~;ensee and its rrtarzagezx~ent shai.i be respatrsil.}lc fs~r enforcing this and rrzaintaiztizxg the area free fr4zn litter and graffiti. The exterior of the business and adjacent parking areas shall be cleared of litter at the clnse of each business day. An}~ graffiti z~ar~.ed upon the prerzzises ar any adjacent area under the contra) of the licensee shall be ~°en~oxled within 4~8 hours, 'flee parkiatg Iat and z;xteriar czf the preznisc.s sl~al.l be equipped Frith lighting of 4uIfi.cien! power to illuminate and zzaake easily discet~ible the appearance and conduct of alI ~ersans nn nr about. the parking lot ar irusinesses cx terinr areas. Additiar~ally, the pcssition of such lighting sEtall nc~t disturb the nor zeal privacy and tfse of any Tjeighbc}ring residences. Lf public telephz~nes are installed an the premises, they shall be installed inside the business and programmed for outgoing calls at~ly, Na aicczitalic beverages steal; foe caTisuzs~ed can any property adjacent. to the licensed premises under the cazttrol of tha licensee. No alcahalic beverages shall be ccsnszztrzed a3~na the exterior of the business, in any paring area, ar on any adjacent City 5tre~c~t or aL]eyway'- Noise and azrtplifiecl sound shall be kept to a zniniznura~. Noise ar~dlar amplified saun~l shall NQT be audible to the e~teriar of the business at any tine. Noise. at~d amplified saunci from the licensed business shall not be audible-from within any attached business. loo theme or prazzlotionai nights in which tl:e maioz-ity of the music wansists crf hip--heap, technol;usiaza or- rap rrrusic are allowed at any tizzze. 7. Professionally panted signs with rrinirrzuz°rz dizr~ensitan of 20" x ''f}" shall be posted at the entry way, prahibitizzg any person :Frarn entering the premises witl; arty weapons, gang identificatiorasuch as, but not lirzzited to, gaxzg tattoos, gang clothing ar gang headgaar. Such signs shall also prohibit the use of gang signs ar gang wanting. Security attd staff shall enforce compliance. wrth this pravisinrz at all times. ~. Licensee must cc~rrzply witl, all City l~zzildi.n.g, fi.i~, zaninp and health regulations. 9. ~Epan derztand: zrtal:e available to any police official the curreztt rarncs attd addresses of R _Sls fTaxic Ni~.rtclu~t?ySE.ceroisne f~araditiens-CJperatcr's.Pcrmiti persons who are in tk~e rrranagement or operation of the business. 10. No l~usir~ess is tc~ lre cgnducted on tl~e prerrrises after ?:C}0 a.. ltinn employees are prohibited Pram hying inside the. business after ? ;UO a.rn. 12. Secr~rity guards shall be required at all tiTl2es. Security wards shall he present both inside the business, and in all parking areas that are utiii~ed by tlfe licensee, Security staffing shall. be utilized rn a Manner Chat provides €3ne security guard per Query 1.00 patrons inside lire business, and a minimum or" twr3 security guarrTs ire the pa.~krng areas at anytime. Security giz:~ds will. be responsible for erxsuring a safe axrd conducive envirt~nrnent inside the business, maintaining door control to insure proper age requirements and to rnairrtain appropriate parr:€}n capacity; security around restroorxts, to ensure safe entry and exit points; and t:o pro~~ide security in L1~e parking areas. I ~, -Appliwant shall provide a eo~py of these conditions Ec~ aTT se~€zriry personnel and all security personnel si~ali be farrriiiar' witl•~ th€: ccnlditi€;~rzs r;ar~ta,iraed hor~in. '~. '1"he apT~licants shall he responsible for reirnbursem.ent costs to the City ref Sari i»3erna.rdiro for "Extraordinary'" police services on their prerz~ises. Extraflr-c]inarypaii~e services are those defined under San Bernardino Municipal bode §$.82.01.0. 15. if alcoholic beverages are served, the quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during €he same period. Tire. Iicensee shall. at all tirrres rnaizitain rccprds which reflect separately the brass sales of food and the gross sales of alcc~hoiic beverages of thr; licea3sed l"SUSiness. Said records shall be kep; no less fxequcnily than on a quarterly° basis and shall he made available: tc the department orr dexnaa~d. 1 &. Tf alcoholic beverages are served, the sale of aTcol~~Tic beverages for consumption off the prerrrises shall lie prr3hibi.ted, 17. loo dollar dr7nlc nights or any other' drink promatit~n that would reduce the pzXCe of any alccholic beverage below X3.00 pez~ drink are allowed on Friday ar Saturday evenings. T S. Tf al.r:oholic beverages are served, sales, services, and cransuanpCion of alcal:alic beverages sk~aTl be permitted only between the hours of 11:00 a.m. until T :30 a.rn. each day of rho rrfeek. last call for service of alcoi-~olic beverages shall be at 1:Q0 a.rrr. ill alcohol shall be. removed frorr~. serving area at T:30 a.m, If the quantity gross sales of fond cia not exoeed the nuarttity gross sales of alcohol, then tine sales, service and consurr~Aption of aical;alie beverages s£~all. be pe:-tnitted only hexweert the hours of 5:00 p.m. and T 1:00 p.m. each day of the ,veek, These tours sl~al] remain it effect for at Ieast the next quarter of tiro year and until grass sales of food exceed the gross sales of alcoholic beverages. it~.S~jS ,295~..f`arol:a3e.~~aditioi~s; ~ 19. Petitione~r(s} shah nc~t require an adrrlission charge or a cover charge to enter the restaurant, nor. shall there be a requirement rc~ purchase a rniniznurri number of da~inks. Ire additinz~, restaurant custQrners shall nat lac charged an admission charge or cover charge to enter the rest of the premises. ?0. Business activities shall not have a negative impacC on the o~eratinn of nc~ight~oring businesses. ale have read all of the terrrzs and candid©~~s outlined alat~ve and agrei tc~ each c?f them, We understand that failure to comply with the conditions ray result in in~mediaie. revocation prac~edings ardlor denial. cif issuance of i'~ture lntertaiz~rrze~~t T'~i.ts or Dperatar Perznit5 fcir this establishment. ~i~l I?at~:cl' i ~ tr ~ ~ Jr j`j ll . atecl ; ~ ~ ~ ~ ~ ~;, Dated: ~(_~~_ ~' I`~ich~~l. David ~ ~~ ~.~ kaja araur T2iSljs [2S5):.Carolisze.Conditions] J iXA1V~.~~ l3I' fi. j.VI C.1~~.'.Y~...~.i; yf 1, 1.~~~1 ~1~1Vi1 ~~:: 295 E. C~araline St., quite A dart ~ernar~lir~~, C~ The licensee shall be respcansibie far tl~e pt~stin~ crf si ins prohibiting litter and !oiterr~ at the exterior of the Nosiness anal in adjacent paz•{cina areas. The Izcensee and its t~ana~errient shall be y'espc~nsil~le for enfc~rcin~ this and rnaintainin~ the area free from llttei and gl aff ti. The exterior of the business and adjacent parkixa~ areas shall be cleared of lifter at the c}ose of each dusi~ess day. Any graffiti market!. upon the premises or ar}% adjacent area under the cont~-nl of tl~e licensee shall e r~;mo~jed within 4$ bo€trs Tine paricin~ lot rand extez7or oi' the l~rernisey sl=al] be equipped with l.i~hting of sufficicr~t power to i.llum.inate and make easily discernible tlZe appearance acid conduct of all persons cn or abut}t titc; parlcin~ lot ar l~t~sirtesses exterior areas. A,dditic~naiiy, the positaot~ o~ such. li~btirr~ shall not disturb the nnl-xnal priva~:y and use af~ any nei~*hbt~rin~ reside~aces• If public telephones are installed ort the prexnis~s, they shall be i~~stalled insi[le the business and prn¢ratn~ned far out~oznl; eL~ils only. 4. ~o alcoh.olie bevel ales srxall be cc~r~su~~ed an any property ad~;acent to the licensed premises under the central of tl•ae licensee, loo alcol~alic t~everages shall be constazned along the exterio,: of the business,tn any parkin. ax•~a, or on any ad~acer~t City Street or alleyway. ire fzati°e re.acl a.ll of tl~e te,i.~s and cc~nditio~s c~utliF•~~d above at~d agree to each of them, ~Ve understand that failure to comply with tl~e conditzons may result in irrarnediate revocation pr°c~ceedings andfor denial of issuance of future 1/`ntertainrrient. I'en-i-~its oa° ~pe~°ator Pe~rtits fr~r Chis esta>'r~lislirncnt. D3t~;d: ~~ ~ ~~ !" ~< Dated: (; ~ . ; } ~ f ~ ~ ¢~ ~ ~' ~i ~at~Ci: ~ ' R ~l i (°~ ~.y I~aJae a'"C3Ur J hlSls [Tozfc?~igh~cfu~'w45E.C~=afier.Carduions•Cxarsza•Perir~~[j 1 z 4 5' 6' 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 z1 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO I am employed in the County of San Bernardino, State of California. I am over the age of 18 and not a party to the within action; my business address is 300 No. 'FD„ Street, Rm 568, San Bernardino, Callfarrlia. On April ~ , 2414, I served the foregoing document described as: [I'R®POSEI3] ORDER GRANTII~ PRELIMINARY INJIC~NCTIOl~T on the persons set Earth below as follows: R. Bruce Evans, Esq. Roger Jon Diamond, Esq. Solomon, Saltsman & Jamieson 2115 Main Street 426 Culver Blvd. Santa Monica, CA 90405 Los Angeles, CA 90293 (310) 399-3259; {310) 392-9029 FAX 310} 822984&; {310} 822-351.2 FAX (Afitarney for Margaret Sherman, Michael Attorneys far CCI Club SB LLG) Sherman, Rajae Zarour dba The Hudson Theater) {BY MAIL} By placing the envelope for collection and mailing fallowing our ordinary business practices. I a1n readily fam;liar with this business's practice for collecting and processing carres~aondence for majlmg. On the same day that correspondence is placed for collection and mailing, it is deposited ion the ordin course of business with the United States Postal Service in a sealed envelope with postage~fully prepaid. / (BY FAX) Based an an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax nlxmbers listed above. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. .~ (BY OVERNIGHT) I enclosed the daclaments in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses listed above. I placed the envelope(s) or package(s) for collection and overnight delivery at an nfFice ar a regularly utilized drop box of the overnight delivery carrier. {BY ELECTRONIC SERVICE). Based on a court artier or an agreement afthe parties to accept service by electronic transmission, I caused the documents to be sent to the persons at the electronic notification addresses listed above or on the retard. / (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on April , 2410, at San Bern r~no. C~11o nab . An ela Radri ez `: ~ ~~~~ (type or print name) ~ " ~~gnature ~,~ F:U7T?dI1CHE3.,E1Hudscm-'rh~aterlPieadings'1'OS - atihes FaY, FedEx,'F'lectsc~nic.~pd ~~ Transmit ~[~nf i rrnat i ~n ~e~~ar~rt ~~ P.1 Apr ~ 2010 11:55am NarnelFax No, r+~or~e Start Time Pale Result Note 9131D3929029 Normal 07, 11:48am 6'24" ~5 # 014 ~~~~ ~~ } _ Q N U . A C7E"IC~ ~~ '~'~`H~ ~1'fY ATTQR.~l~Y CITY C3F SAN B~f2-VA3~L31NO .JAMES ~'- p'i:'MMAN C'1rv d'rre:rRnt~r r~A~e _ T~~~P~c~N~ ~a. ~Ax ~o. ~~: ~ac~~.~~~r DIAMQhID (~~ca) 332-9028 TC]: E2_ Bt2CJCa>~. EVAI~S {3'~0) $22-3512 PRC)Pd: Dona A. D9michels, Deputy City A#torney €909) 38d-5355 (809) 384-5238 DEPT; GfTY AT'it~FtN~Y'S faEEIC~ Cap SAl~I BERNAR171N0 ~A'i`E: April 7, 2010 _u-_w PACaES: COMMENTS: 1F YC)U DD NOT RECEIVE ALL THE i'AGES, PLEASE CALL SEN1~ECi AS SC)C3N A8 PDSSI[3LE CONFtDENTiAL17Y Nc~TICE The documents acsampanying this facsimiietransmission contain confidential information befang~ng to the sander whin, is legally privileged. The information is intended only for the use of the individual or entity narrted ataare_ If you are not the intended renspient, you are hereby nati5ec that any disclosure, napying, distrihu#inn or the taking at any aatinn in raiianes on the contents of this facsimile infcrmation is strictly prohibited _ tt ypu have renewed this €acsimiie in error, please immediately notify the sender by telephone Ea arrange for the reh:m of the original documents. 300 NORTH "~}" 5TRCE'F • SAN BERNARC3tNp. CA 92418OpOf • (909) 384-5355 • p"ax (9D9} 364-5238 ~~ Tr~nsrn i t ~©nf ii 1'"E.'Tlc~t i on I~~ps~!"t ~~ ~.1 Apr ? 2015 12:OOpm Name/Fax Na. Motle Start lime Pale Result Note 913108223512 Nermal 0~,11:55am 5'22" 35 # p K ~~~~_ -~ ~~ '~ O J yy~~~~ C7FFICE ~F SHE ~E7'Y AT'#'C3~''vG`titEY ~dTY ~~ ~A.F~i F.~RNAf~A3€hi0 JAMES ~. F'Ef`lMAN CfF1' f; 7T0RNEY EVAE4~iE TEE-E~PE-#dNE NC1. SAX AIC~. ~'Q: Ftt3(xEl~ JUEV DlAE~C)Ey}:3 -~_ (31tD) 392-9eJ2J TC?: E't. SRUGE E'VA9+IS ~.., (31€~~ 82.2-3512 FltQE~01: Llottni A. pimic~sele, {9Q9~ 384-5355 (9t19) 38A~-5238 lJaxpt~ty City Att~arrtsy _ t"1EPT. CITYATTOFZNEY"SCDFE;ICE 4~ SAN BERNARCIlNU ~W. l7ATE: Aptif 7, Zt170 P~lG#"S: ~~ COEVIM~NTS !~ YOtJ C?t~ NOT f2ECEtVE Al_L.1"!-IE PAGES, PLEASE CALL SENDER A5 SDDN AS POSSlE~I,E ~~ C0NFl0E~I,TIALITY NOTIC(f Tha documents accompanying this tacsimiEettansrr,.issian contain confidential information belonging to the f gender which is legaily privileged. She'tntormation is intender! only for the use of the individual or untiky rismecl 4bove. If you ale not the in#ended recipient, you ere hereby notified loaf arEy disclosure. copYiTrg~ distr}hutinn nr the taking of any action in reilance on the contenks of thts facsimile information is strictly (3rohlb'tted lfi you 13ave received this facsimile in error, please imrnediataly notify the sender 6y telephor:e to arrange for the return ottha original documents. 3Dtl NL3E27H "~" STREET • SAN BS*RPIARC}3E~iO, CA 9241$-OOC?i • (9095 38A.-5w55 • ~',ax t~083 384-5296 1 3 4 5 6 7 8 9 10 l1 12 13 14 1.5 16 17 15 19 20 2I 22 23 24 25 26 27 28 ,TAMES F. PENMAN, City Attorney State Bar No. 9176I JOLENA E. GRLDER, Senior Deputy City Attorney State Bar No. 1.95289 DONN DIMICHELE, Deputy City Attorney State Bar No. 84935 300 North D Street San Bernardino, California 9241.8 Telephone: (909) 384-5355 Facsimile: (909) 384-5238 Attarneys for Plaintiff PEOPLE OF TI-IE STATE OF CALIFORNIA No Fili~~~g Fee PeY Goner°nrn~rrt Cody ,§6103 SUPERIOR COURT C)F THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO PI~OPLE OF THE STATE OP ', CALIFORNIA, by anti through James F. Penman, City Attorney of the City of San Berl~ardino, Plaintiff, vs. MARGARET SHERMAN, MLCHAEL SHERMAN, and RA.TAE ZAROUR, doing business as THE HUDSON THEATER; CCI CLUB SB LLC; DOES 1 through 20, inclusive, Defendants. CASE N®. CLADS 91.7581 DECLARATIONS IN SUPPORT OF PRELIMINARY INJUNCTION Date: March 10, 2QI0 Titxte: x:30 a.rn. Dept: S32 Judge: Hon. Janet Fran~gie Actic~u Tiled: December Z2, 20Q9 DECLARATIONS IN SUPPORT OF PRELIMINARY INJL~vC.TION 1 3 4 5 G 7 8 9 10 11 12 13 I4 1S lb 17 1.8 19 20 21 22 23 24 25 2(~ 27 28 TABLE ~3F C'®I~iTEI~TTS 1. Officer Antl~oiiy Castro 2. Officer Elizabeth Contreras 3. Officer Ianie Conine 4. Officer Tiffany Ei~aoil 5. Officer Richard Everett b. Assistant CI17ef Mary Garcia 7. Of~eer Jennifer Kohrell S. Officer Ricardo Landeros 9. Officer Jose I.oera 10. Off cer Ernest Luna 11. Terri Rahhal 12. Officer Anna Stewart 13. Gerald Williams l ~. Lisa Williams DATED: January 29, 2010 JAMES F. PENMAN, City Attorney JOLENA E. GRIDS , Sr. Deputy City Attorney DONN D ICHE , Deputy ~ty Attorney .~.~ ~ ~. By: Dann Dimichele Attorneys for Plaintiff 2 DECLARATIONS IN SUPPORT OF PRFLIMI\TARY N.NNC"I`ION PROOF Op' SERVICE 2 ATE OF CALIFORl~IA COUNTY OF SAN BERNARDINO 3 I am employed in the County of San Bernardino, State of California. I am over the age of 1& and not a party to the within action; my business address is 300 No. "D" Street, Rm 6b$, San 4 Bernardino, California. ~ On January ~ ~ , 2010, I served the foregoing document described as: DECLARATIONS 1N SUFPORT ®F PRELFM1lNAR"Y 1NJUNCTIQN an the persons set forth below as follows: 10 11 R. Bruce Evans, Escl. Roger Jon Diamond, Escl. Soloman, Saltsman & Jamieson 21.15 Main Street 42b Culver Blvd. Santa Monica, CA 90405 Los Angeles, CA 90293 (310) 399-3259; {310) 392-9029 FAX {310) 822-9848; {310) 822-3512 FAX. (Attorney for iVlargaret Sherman, Michael (Attorneys for CCI C ub SB LLC) Sherman, Rajae Zarour dba The ~Iudson Theater) 12 ____ (BY MAIL} By placing the envelope for collection and mailing following our ordinary business practices. 1 am readily familiar with this business's practice for collecting and 1J processing correspondence for mailing. On the same day that correspondence is placed far callectyan and mailing, it is deposited in the ordinary course of business with the 14 United States Postal Service in a sealed envelope with postage fully prepaid. 15 ~ {BY FAX} Based an an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax. numbers listed above. No error was 1b re arced by the fax machine that I used. A copy of the record nfthe fax transmission, which I panted out, is attached. 17 X (BY OVERNIGHT) I enclosed the docuzx~ents in an envelope or package provided by an 18 overnight delivery carrier and addressed to the persons at the addresses listed above. I placed the envelope(s) or package(s) for collection and overnight delivery at an offzce or a 1 ~ regularly utilized drop box of the overnight delivery carrier. {BY ELECTRONIC SERVICE). Based an a-court order ar an agreerraent of the parties 20 to accept service by electronic transmission, I caused the documents to be sent to the persons at the electronic notification addresses listed above or on the record, 21 X {STATE) I declare under penalty of perjury under the laws of the State of California 22 that the above is true and correct. 23 24 2s 26 27 28 (FEDERAL) I declare that I azx~ employed in the office of a member of the bar of this court at whose direction the service was made. Executed on January ~~ , 2010, at San Bern,arc~na, C~lif ".: ~.. !a E _ ° Angela Rodrige2 ~~~- (type or print name) ~ signa re) ; I]ECLARATIONS IN SUPPORT OF PRELIMINARY INJUNCTION 1 1 2 .~ 4 5 6 7 8 9 1 {) 11 I2 13 14 iS 16 17 18 19 20 21 22 23 24 25 26 •~ 28 DECLARATION OF OFFICER ANTHONY CASTRO I, Officer Anthony Castro, declare: 1. I azn a ponce officer with the San 8ernardina Police Department ("SBPD"j. I am currently assigned to the Bicycle Mounted Enfnrcexnent unit. of the SBPD. I have been. employed by the SBPD'for the last three years. I have personal knowledge of the facts stated in this declarati an. 2. I received basic street drug recognition trai~~i.ng at the police academy before becoaning an aflicer. I have training and experience in identifying MDMA, commonly lu~own as "ecstasy." I have encountered MDMA in my work as a SBPD officea-; and. my identification of tlae substance as MDMA has later been coxzfzrmed by crime lab testing. l~ro~n this experience I i -have learned to identify probable MDMA in the ~eId based on its characteristic size, shape, and physical appearance. 3. On Friday, Nove~nher (3, 2009, I was assigned. to work as air undercover off cer in th.e investigation of possible illicit drug trafficking at th.e Hudson Theater, located at 295 E. Caroline Street in San Bernardino. The investigation took place during a dance event at the theater on that date. I made two pua-chases of suspected MDMA from other attendees while at the Hudson Theater during the event. The transactions occurred. as explained in the following paragraphs. DRUG PI~'RCHASES AT HUDSON THEATER DURING NOVEMBER G 2009 EVENT LTn.known Hispanic male adult -__two tablets, 4. I arrived at the Hudson Theater at about 8:00 p.m. on November 6, 2009 to attend the event. While I vvas inside the theater during the event, sometime before 11:45 p.m., I made contact with a .Hispanic male adult and arranged to purchase MDMA from him for $10 per pill. I received tu~o tablets of suspected MDMA fra~m. the subject, and handed him 520. I later delivered the tablets to SBPD OfEcer Ernest Luna, ~Tho was working in pain clothes as a close cover and evidence officer for the event. S, Sometime after 11;45 p.m., some other SBPD officers and I searched the Hudson I3ECLARATION OF OFFICER ANTHONY CA5TR0 IN SUPPORT' OF'vI0TI0N FOR PRELIMINARY INJUNCTION 1 3 4 5 fi 7 8 9 10 1.1 I2 13 14 15 1~ 17 18 19 20 21 22 23 2~1 2S 25 27 28 Theater i~~ an effort to locate the subject whn had. sold me the suspected MDMA, so that he could be arrested. Although we searched for about two hours, tive were unable to locate the subject. ~arnuel .lacques -one tablet 6. During the November 6, 2009 everrt, at around 1.:30 a.m. on Saturday, November 7, I was inside the I=3udson Theater when a black male adult, later identified as 5an~uel Jacques, approached me anal said, "Thizz, tl~izz`?" "Thizz" is a street term for MDMA. I told Jacques 1 would take soiree. I haa~ded .lacques $10 anal h.e handed me a tablet which I recognized as probable MDMA. Jacques said, "Tell all your fii.ends at~d T'11 hoof you up." CONDUCT OF H~UDSON~ THEATER SECURITY GUAR~?S 7. There were private security guards ora duty at the Hudson. Theater on November 6, 2009 when I was at the theater aril made the drug buys described above. However, the guards stayed along the walls anal did not patrol the dance floor. During that time, there were drug sales openly occurring on the dance floor. The sellers made no attempt to conceal what they were . doing, a~~d attendees at the event were walking up to them and asking for drugs, or the sellers would walk up to attendees aild ask. if they wanted drubs. Many of the sellers had backpacl~s and were selling drugs from the backpacks. If the security guards had patrolled the floor, they easily could have seen tl~e drug sales occurring. $. In addition, I saw drug sales openly taking place in the men's restroom, but in the approximately seven tines I visited the restrooz~n durin.b the event, I never saw a security guard in the restroorr~. I declare wader penalty of perjury under the Taws of the State of Califo~~aia that the foregoing is true and correct. executed on ~~~~~ l~'~l~Y_ ~,~ , 2010 at Swan Bernardino, California. ~ ,` f~ ; i. 'HO STRO DECLARATION OF OFFICER ANTI-TONY CASTRO TN SUPPORT OF MOTION I~'OR PRELIMINARY INJUNCTION 2 l 3 6 7 8 9 10 11 12 l.3 I4 TS 16 1 ~7 18 19 20 ~ 21 22 23 ?q 25 26 27 2$ DECLARATION OF OFFICER ELIZABETH CONTRERAS I, Officer Elizabeth Contreras, declare: 1. 1 am a police officer with the San Bea°nardino Police Department ("SBPD"). I am currently assigned as the Southeast District Operation Phoenix liaison officer for the SBPD. I have been employed by the SBPD for the last three and ozze-half years, I have personal .knowledge of the facts stated in this declaraiion. 2. I received basic street drug recognition training at the police academy before becoixzing an officer. I have training and experience in identifying 1VIDMA, commonly known as "ecstasy.,' 3. On Saturday, July 1 S, 2009, and Friday, November 6, 2009, I was assigned to work as an undercover officer in the investigation o possible illicit drug trafficking at the Hudson Theater, located at 295 E. Caroline Street in San Bernardino. The investigations took place duxing events at the theater on those dates that were billed as "rave" events. On each of those dates, I made purchases of suspected IvIDMA from ether attendees while at the Hudson. Theater at the rave events. The transactions occurred as explained in the fallowing paragraphs. JULY 1.8.2009 DRUG PTJRCHASES AT HI.TDSON THEATER Nazmul Hula -two tablets 4. I entered the Hudson. Theater at about 9 p.m. on July 18, 2009 to attend the rave event. While I was inside the theater, I noticed a group of subjects congregating at a table in a seating area along the western portion of the building. The subjects at the table were being approached by numerous other subjects and items were being passed among the subjects. S. T approaci~ed a male subject at the table and asked l~im if he was selling MDMA. He directed rrie to another subject, an adult Arabic male later identified. as Naz~nu] Huda, and said, "He"Il sell to you." I approached Huda and the other subject tall Huda that I wanted to purchase IVTDMA. Huda reached into his pocket and removed a plastic bag containing numerous tablets that appeared to me, based on my training and experience, to be MDMA. I handed Huda a X20 bill and he handed me two of the tablets. I later delivered the tablets to SBPD Officer Ernest Luna, who was also working, in plain clothes, as a cinse cover officer at the event. ICER ELIZABETH CONTRERAS IN SUPPORT OF MOTION FQR PRELIMINARY INJUNCTION I 3 4 5 h 7 9 I0 11 12 13 14 15 16 17 18 T9 20 21 22 23 24 2S 26 2'7 28 Tulio Cesar Lu~,c~ -six„tablets 6. During the same Event, I made contact inside the Hudson Theater with a Hispanic male adult later identified as Julio Cesar Lugo. I asked him if he had any "E," another term for ecstasy. He said iae dial. We ~raIked to the south e~~d ofthe da~rce floor and I told Lugo I wanted six tablets but only had. $40. He said that was okay and sold e six tablets that appeared t© xne, based ors my training and expcrierzce, to be MDMA, far 540. I .later delivered the tablets to I Officer Luna. Saul Daniel. Hen~andez -two tablets 7. Also during the same event, while I vvas inside the Hudson Theater I was approached by a Hispanic male adult later identified as Saul Daniel Hernandez. He asl~ed me if I was interested in purchasing ecstasy. I said that I was. I handed Hernandez S20 anal he handed me two tablets that appeared to ine, based an my training and experience, to be MDMA. I later delivered the tablets to Officer Luna. 8. About aza hoar after I purchased the tablets fronr Hernandez, he approached me again and asked me about the effects of the tablets. I told hirr~ I was happy with the purchase and would. lilte to buy a larger amount. He said he had a larger amount and would be willing to loll to me. He gave me his telephone number and asked nee to call his cell phone so he could stare zny telephone number in his phone. Later, after Hernandez was arrested, I examined hi.s cell phone and saw that my telephone number was stored in his phone. NOVEMBER 6. 2009 DRUG PURCHASES AT I-IUDSON THEATER J.U. -two tablets 9. While I was waiting in. Iine to enter the Hudson. Theater to participate in the undercover investigation on November 6, 2009, I noticed a Hispanic male juvenrle, later identified as J.U., walking next to the line saying, "Pills, pills, pills." Officer Anna Stewart, who was also working undercover that night and was standing next to rrae in line, asked J.U. if we could get two pills for the two of us, I Landed ~?0 to ,I.U., and he handed me two tablets that appeared to zne, based an my training anal experience, to be MDMA. I later delivered the tablets to Officer Luna, who was also working undercover at the November 5, 2p09 event. 1~~C;LAKATION OF OFFICER ELIZABE'T'H CONTRET~AS IN SUPPORT OIry MOTION FOR PRELIMINARY INJ~.TNCTION I 7 3 4 5 6 7 8 9 10 II 12 13 14 15 15 l7 18 1.9 20 2l 22 23 24 25 26 27 28 Y.P. - twn tablets I0. I entered. the Hudson Theater at about 8:30 p.rra. on November G, 2009 to attend the rave event. At about 1 O:SO p.rn., while inside the theater, l approached a Hispanic male juvenile, later identified as Y.P., and told hire l had heard he was the "hnok-up." Y.P. said that he was, and. that he had "X," a common street term for MDMA. I gave Y.P. X20 and he handed. me two tablets that appeared to me, based on nay training and experience, to be MDMA. I later delivered the tablets to Officer Luna. '~, Joel Corona -one tablet 11. At about 10:45 p.m. on November f~, 2009, I approached a Hispanic male adult, later identified as Joel Corona; inside the Hudson Theater a~zd asl~ed hin~ for "'I'hizz," a common street tern for MDMA. Corona said he had salve, and pulled me into a dark corner of the building, stating, "Let's do it over here so it's not. out in the open." T handed Cnrana a $10 bill and lie handed ire one tablet that appeared to me, based on my training and experience, to be MDMA, I later delivered tl~e tablet to Officer Luna. Thomas Cervantes -one tablet 12. At about 11:10 p.m. on November 6, 2009, I was inside the Hudson Theater and overheard a Hispanic male adult, later identil`ied as Thomas Cervantes, saying, "Thizzle, thizzle, thizzle," repeatedly as he walked around the event. I asked Cervantes if he had some thizz. He said he did, and they were $10 a pill. I ha~~.ded Cervantes a $10 bill and he handed xne one tablet that. appeared tame, based on rray training and. experience, to be MDMA. I Iater delivered the tablet to Officer Luna. I7~zknown Hispanic adult male -two tablets l3. At or shortly before 1.1:45 p.m. nn November 6, 2009, I was approached by an unknown Hispanic adult male subject inside the Hudson Theater. T11e subject said he lead MDMA tablets and wanted to sell them. I told. hizx~ I wanted two tablets, and gave him X20. The subject handed me two tablets that, from my training and experience in drug recognition, I recognized as probable MDMA. After purchasing the tablets, I delivered them to Officer Luna. Later, SBPD officers tried to find. and arrest the subject, but were unable to locate him. ll~;C;1.A.tLA'1']UN OF OI"~'ICER ELIZABETH CONTRERAS N SI;PPOR'I" Off' ivIOTION I~OR PREI,IMI?~'ARY INJ~liNCTION I Unknown white adult female -one tablet 2 14. At or shortly before 11:45 p.m. on November 6, ?009, I was approached by an 3 unknown white adult female subject inside the Hudson Theater. The subject said she had 4 MDMA anal wanted to sell it. I told her I wanted to buy one tablet. I gave the subject $10, and S sl-~e handed ire a tablet that, from my training and experience in drug recognition, I recog~~.ized as 6 probable MDIvIA. After purchasing the tablet, I delivered it to Officer Luna. Later, SBPD 7 off cots tried to find and arrest the subject, but were unable to locate her. 8 David Medina --- one tablet 9 15. At ox shortly before 1.1:45 p.m. on November 6, 2009, I was approached by a lU Hispanic rnale adult. later identiiaed as David Medina, inside the Hudson. Theater. Medina asked 11 me if I wanted. some "fizz," a common street term foi° MDMA. I answered yes, and Medina 12 walled with zne to a darl~ corner of the building, stating, "Come over bore so it's not out in the 13 open." Medina asked how much I wanted and I told hin7 one tablet. 1 handed Medina a X10 bill 14 and he handed me one tablet that appeared to me, eased on rrfy training and experience, to be 15 MDi'vIA. I later delivered the tablet to Officer Lu~:za. 16 SECURITY MEASURES AT HUDSON THEATER 17 16. The security zxzeasures that were in place at tl~-e Hudson Theater an the dates I was 18 there were not adequate to prevent or even to detect the illicit drug trafficking that was occurring 19 at the venue. Although there were Hudson Theater security personnel outside the theater, I saw 20 sales of MDMA openly taking place in the line to enter the theater. Inside the theater, thorn were 21 security personnel present, but they were not patrolling the floor, and mostly stayed close to the 22 walls without n~.iaagling with the patrons. I participated in and witnessed purchases of MDMA at 23 locations that were easily visible from the dance floor. If the security persannel had. walked 24 a1•ound the dance floor they would have bean in a position to see the purchases being made. 2S 17. In addition, I saw illicit drug transactions openly taking place in the women's 26 restrooin, but in approximately four trips I made to the restroozn during the event I never saw any 27 security personnel inside or nearby. 2S 111 4 DECLARA:I`ION OF OFFICER ELIZABETH CO~ITRERA517~' SUPPORT OF MOTION FOR PRELIMINARY ~:TUNCTION 1 2 3 4 J 6 7 9 l0 11 T2 l3 4 I5 l6 17 l8 13 20 21 22 z~ 24 ~~ 2s 2~ r 28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and cora•ect. Exccuted on ~ - Z 7- ~ a , 2010, at Sara Bernardino, California. ELIZABETH CONTRERAS DECLARATION OF UFfICI/R ELIZAT3ETH CONTRERAS rN SUPPORT OI~ MO'T'ION P'OR PRELIMINARY IN7UN CTION 3 1 2 J 4 S G 7 8 9 1Q 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 ?5 26 27 28 DECLARATION OF OFFICER JANIE COZINE I, Officer .Tame Conine, declare: 1. I am a palice officer v~rith the San Bernardino Police Department ("SBPD"). I am cuz-~•ently assigned to the Patrol Division of the SBPD. I have been. e~r3ployed by the SBPD far the last two and one-half years. I have personal knowledge of the fac#s stated in this declaration., 2. I received basic street drug recoga7ition training at the police academy before becoming an officer. I have training and experience in identifying MDMA, commonly known. as '~ "ecstasy." 3. On Friday, November G, 2009, I was assigned to work as an undercover officer in. the i~~vestigation of possible illicit drug trafficking atthe Hudson Theater, located. at 295 E. Caroline Street in Sa~1 Bernardino. T1~e investigation tool{ place during a dance event at the ', theater on that date. On that date, I made purchases of suspected MDMA from other attendees wla:de at the Hudson Theater during the event. The transactions occurred as explained in the following paragraphs, DRUG PURCHASES AT HUDSON THEATER ON NOVEMBER b 2009 R.R. -one tablet 4, I arrived at the Hudson. Theater at about 8:30 p.m. on November 6, 2009 to attend the event. While I was inside the theater during the event, at about 9:50 p.m., I was approached by a Hispanic male juvenile, later identified as R.R. He asked me if I needed. any pills and. I said I did. I handed R.R.. $8 and he handed me ane tablet of what I recognized from. my training and experience was probable MDMA. I later gave the tablet to SBPD Officer Ernest Luna, who was working in plain clothes as a close cover and evidence officer for the event. R an Sil ~€ero -ane tablet 5. While I was inside the Hudson Theater during the November 6 event, at about 11 p.~n., I approached a Hispanic male adult, later identified as Ryan Silguero, and asked him foa- "Thizz," a common street term for MD1vIA. Silgtz.ero said he had some "Thizz," and I asked for one tablet. I handed Silguero ~ 10 and lie handed ane ono tablet of what 1 recognized from any training and experience was probable MDMA. I later gave the tablet to Officer Luna. llLCLARATION OF OFFIC$R JAIv~IE COZINE P_~ SUPPORT OF MOTION FUR PRELIMINARY IN'TUNCTION 1 2 3 4 5 6 7 8 9 IO 11 IZ 13 I4 1.5 I6 17 I8 I9 20 21 22 23 24 25 26 27 Zg CONDUCT Off' HUDSON THEATER_SECURITY GUARDS C. There were private security guards inside the I-Judson Theater on November b, 2009, when:l attended the event there and made the drug buys described above. However; the security guards wez-e not patrolling the theater, but mostly stayed close to the walls. I did z~nt see them male any effort to see if drug trafficking was going on. As a result, it was easy for me to make the buys without being seen by the guards. If the guards had. walked around the Cheater they would ha~Ie been in a positi.az~ to see the buys being made. 7. I witnessed drug sales going an in tl-~e women's restroom at the Hudson Theater during the event on November. 6, 2009. Although I went into the restroom several.tixnes during fhe event, and there was at least nne fe~x~ale security guard at the Hudson Theater that night, at no time did I see a security guard in the restroom. The drug sales going on in the restrnorn were clearly visible to zne while I was in the restroom. NOISE ~~IOLATION ON JUNE 14, 2009 8. On Sunday, ,Tune I4, 2009, I was on uniformed patrol in a marked police car with a partner, Officer Gerald Walent. At about 1:30 a.zn. on that date, we were dispatched. to the Hudson Theater to investigate a complaint of excessive noise coming from the theater. We were advised that this was the fourth noise complaint that night. 9. Officer Walent and I arrived at the Hudson Theater at about 1:45 a.m. on. June 14, 2009. At about 2 a.m., we znet with the manager of the Hudson Theater, Margaret Sherman. Officer Walent advised Ms. Sherman. that we had received calls complaining about the noise, and asl~ed her if the volun7e would be turned dawn. Ms. Sherman stated that the volume would not be turi~ed down. Officer Walent advised Ms. Sherman that an incident report would. be made. 10. Officer Walent and I then went to the residence of Lisa Williams, who had complained about the noise. As we got out of our patrol unit I' could clearly hear the music coming from the Hudson Theater. We contacted Ms. Williams and, Officer Walent informed her of our contact with Ms, Shennan. Ill ll/ 2 DECLARATION OF OFFICER ,IANIE COZINE IN SUPPORT OF MOTION POR PRELIMINARY INrUNCT`ION 1 2 4 J 6 7 8 9 l £~ 11 1.2 13 14 15 lb 17 18 19' 20 21 22 23 24 25 26 27 28 ] declare under penalty ofperjury under the laws of the State of California that the faregoing is true and cnrreCt. Executed nn ~ ~, , 20].0, at San Bernardino, Califan~ia. ' -~ JANIE C DECLARATION pF O'EICER JANIE COSINE IN SUPPOR`T' OF MO'T'ION POR PRELIIt~INARY INJUNCTION 4 1 3 4 5 6 7 8 9 10 ]1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF OFFICER TIFFA'~Y EMO'~i I, Officer Tiffany Emon. declare: 1. I am a police officer with the San Ben~ardino Police Department. ("SBPD"). I am currently assigned to the Patrnl Division of the SBPD. l have been employed by the SBPD far the fast four and. orie-half years. 1 have personal knowledge of the facts stated in this declaration. 2. I received drug rccog~zition training at the police academy before becorr~ing air officer, In my years as an nff cer, I have acquired. additional experience in drug recognition. I lave training and experience in identifying MDMA, caiximonly known. as "ecstasy." DRUTG ARRESTS AT HUDSON THEATER ON TULY 18-19 `009 3. On Saturday, July } 8 and Sunday, 3 my 19, 2009, I was assigned to provide uiliforined backup for an SBPD undercover investigation into possible illicit drug trafficking at the Hudson Theater, located at 29S E. Caroline Street in San Bernardino. The investigation was to take place during an event at the theater an those dates that was billed as a "rave" party. My job was to assist in taking into custody subjects wl~io were found by the undercover officers to have violated drug laws. Nazmul Huda - 3b table~~ IyIDMA~,;mai-i~ui ana 4. While on duty on July 1 S, 2009, I was directed by the case agent for the drug ', trafficking investigation, Officer Richard Everett, to enter the Hudson Theater and, arrest and searcl~i an adult male subject, later identified as Nazmul Huda. Upon. arresting and searching Ruda, I found in his right front pants pocket 36 tablets that appeared to me, based. an my training and experience, to be probable MDMA, and t~va individual amounts of what appeared to me to be probable rxiarijuana. I gave the suspected MDMA and ixaarijuana to Officer Everett. Tanner Sierra - rriari'uana 5. While on duty on July 19, 2009, shortly before 2 a.rri. l was directed by narcotics officers to enter the Hudson. Theater and arrest an adult male subject, later identified as Tanner Sierra. Upon. an~esting Sierra anal escorting hiin outside the theater, I found in his right front pants pocket an amount of what appeared to me to be probable marijuana. I took the suspected marijuana to the SBPD, where it was weighed and was found to weigh. about 5.3 grams with 1 DECLARATION OF OFFICER TIFFAI~~I' EMON IN SliPPQRT OF MOTION FOR I'RELI'~IINARY rNJUNTCTTOI I 2 3 4 5 6 7 8 9 10 11 I2 13 1.4 15 I6 I7 1S 19 20 21 22 23 24 25 26 27 2S packaging. ', .gUGUST 29.2009 DRUG PURCHASES AT HUDSON THEATER 6. On Saturday, August 29, 2(109, I was assigned to work as an undercover officer for another investigation into possible illicit drug trafficking at the Hudson Theater, Again, the investigation. was to take place duriarg an event at the theater that begaaa an that date and was billed as a "rave" party. 7. After attending a briefing on that date at about $ p.rn., I entered the Hudson Theater to attend the rave event. T1~ere were security guards stationed at the entrance. They were searching the ixiale attendees; but not thoroughly, only patting them down. briefly. Na axae was searching the female atte~rdees, other-than .checking their purses a~~d making thorn remove any hats they were wearing. The guards looked in rxay purse arid had me remove my hat, but I was not contact-searched at any tiax~e. 8. While inside the Hudson Theater at the rave event that began on August 29, 2009, I bought suspected MDMA fioin two other attendees, The transactions occurred as explained in the fallowing paragraphs. '~ Danielle Y17arra -two pills 9. At about 10:50 p.m. an August 29, 2009, I was inside the Hudson Theater during the rave event. I contacted an Hispanic female adult, Later identified as Danielle Ybaira, and asked her far some "E," a slang terra for the controlled substance also 1~rinwn as ecstasy or MDMA. 10. Ybarra said she did have sazxie "E," and she agreed to sell me two pills for $20. I gave Ybarra $20 in cash, and she placed two pills in a small pocket an the front of my skirt, From my training and experience in drug recognition, I recognized the pills as probable MDMA.. I later delivered the pills to SBPD Officer Cogswell. Christian Rairec,,-._~u'o pills 8. At about 1:45 p.m. on August 29, 2009, I was inside the Hudson Theater during the rave event. While I was standing near a counter where battled water was being sold, I contacted an adult male, later identified as Christian Ramirez, and asked hirer if lie had any "E." 2 DECLARATION pF OFIJ'ICER TIFFANY EIvION IN SUPPORT OF ,vI07'ION FOR PREI.,IivIIN ARY INJUNCTION 1 3 4 6 7 8 9 l0 1l 12 l3 1.4 1S l6 ~ ~r is l9 20 2I 22 23 24 25 2~i 27 28 9. Ra~x~irez responded to my question by asking how many I wanted. I asked for two tablets. I told Ramirez l had not taken ecstasy before and he advised ire to chew the tablets I, instead of swallowing them., to produce a faster effect. I handed. Raxrairez $20 in cash, which I knew from my training and experience was the usual asking price for two tablets of ecstasy. ', Ramirez took the more}r and handed me two tablets. From. my training and experience in drug recognition, I recognized the tablets as probable MDMA. I later delivered the tablets to SSPD Officer Beall. 10. While I was inside the Hudson. Theater du.rirzg the rave event that began on August 29, 2009, I could see uniformed private security guards inside the theater. The guards stayed. along the walls of the theater for tie most part and rarely made any effort to patrol the dance floor, where the drug transactions I participated in took place. If the guards had patrolled the dance floor, they could have seen. the transactions taking place. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on ~ jk~It.~ ~-~ , 2010, at San Bernardino, California. ~~ TIFp'AI\?Y EMON llL;CLARATION OF OPFIOER TTFFF,NY EMON IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION 5 1 2 3 4 S b 7 8 10 11 12 13 14 IS 16 17 18 19 20 21 ?~ ?3 24 2S 2G 27 28 DECLARATION OF OFFICER RICHARD EVERETT I, Officer Richard Everett, declare: l . ] am an Ofhcer with the San Bernardino Police Department ("SBPD"). I am currently assigned to th.e Special Enforcement Bureau, Narcotics Di~rision ofthe SBPD. I have been employed by the SBPD for the last six years. I have personal knawledge of the facts stated ~ in this declaration. 2. I have held two othex law enforcement positions before joining tlae SBPD. For two years I served as a United States C,aast Guard boarding officer. After that, I spent a year as a Sheriff's Deputy with the San Bernardino County Sheriff s Office, I have extensive training and experience in identifying illegal street drugs, and. specifically MDMA, commonly known as "ecstasy." I received t1°ai7ling in controlled substance identification and investigation while i attending the San Bernardino County Sheriff s Basic Academy and the Federal Maritime Law Enforcement Academy. 1 attended. the Califon~ia Department of Sustice Advanced Training Center 80-hour Narcotics investigations course and the two-weep Clandestine Labnratazy investigations course. I have participated in the manufacturing of methamphetarnine. On many occasions I have participated in the sales of illegal drugs as a narcotics investigator. While serving in an undercover capacity 1 ]rave purchased controlled, substances numerous times. Tam a member of the Califon~ia Narcotic Officers' Association. 3. On many occasions I have observed anal assisted other officers as they conducted. investigations relating to controlled substances. On many occasions 1 ]rave interviewed persons suspected of using, possessing, selling, and. manufacturing illegal drugs. T have learned from these persons street terms for illegal drugs, the effects of various illegal drugs, and methods of ingesting, packaging, purchasing, selling and ma~~ufaeturing illegal d~-ugs~ I have made and assisted in t~uzzaerous arrests where suspected illegal drugs were taken into evidence. These illegal drugs have included cocaine, meihamphetarttine, marijuana, PCP, MD1v1A (ecstasy) and heroin. These illegal drugs were sent to the San Bernardino County Sheriff s Crime Lab, where test results showed that these illegal drugs were, indeed, cocaine, methamphetamine, marijuana, PCP, MDMA (ecstasy) and heroin. Through this experience I have becors~;e familiar with the DECLARA`rION OF OFFICER RICHARD ~VERETT I~~ SUPPORT OF MOTICJN POR PRELIMIi~ARY INJL~ CTIOI 1 3 4 5 6 7 8 9 l: lI 12 13 14 15 16 1 'I 18 I9 20 21 22 23 24 25 ?g 27 28 physical appearance and characteristics of the illegal drugs mentioned. JULY 1$, 2009 DRUG PURCHASES A.T. HL1'DSO'~ THEATER John. N~uven -two tablets MDMA 4. On Saturday, .Iuly I8, 2009, T was assigned to work as close Lover officer and case agent for an undercover investigation into possible illicit drug trafficking at the Hudson Theater, located at 295 E. Caroline Street in San Bernardino. The investigation was to take place during an event at the theater beginning on that date that was billed as a "rave" party. 5. I arrived. at the theater at about 9 p.na. oxi that date. While ]was inside the theater, a male adult subject later identified as John Nguyen. approached me and asked if I wanted sorrie "ex,'" ~lxicl-~ ~ k.: be a street term for MDMA. tablets, or "ecstasy." I told Nguyen I was interested in purchasing MDMA from hi.zn, but needed to get some money from my girlfriend. d, I made contact with SBFD Officer Elizabeth Contreras, who was working as ail undercover officer at the event. She and. I approacled Nguyen and he motioned us to tlxe dance floor. The three of us went to a crowded area of the dance floor and Nguyen asked. how many tablets I wanted. I asked fox two, and Nguyen took two blue tablets from a plastic bag and put them in my hand. I instructed Officer Contreras to give Nguyen $20, and slze did. VVe then parted with Nguyen. I encountered him again later that evening, under arrest by other SBPD officers. 7. The tablets I bought from Nguyen field tested presumptively positive for MDMA. The presumptive field. test used to test th.e tablets er-riplays a chemical reagent that, when applied to a substance containing MDMA, causes the resulting mixture to turn a distinctive color. Presumptive MDMA„Testing,,,-_Saul Hernandez 8. While I was inside the Hudson Theater at the event that began on July I $, 2009, I saw Officer Contreras hand something to an adult male subject, later identified as Saul Hernandez, and receive something from hizri. Later, Officer Ernest Luna, who vas working ui-idercover with Officer Contreras, gave me two tablets which he said he had seen Officer Contreras purchase from Henandez. I recognized the tablets as probable MDMA based on my training anal experience. 1 conducted a presumptive field test on the tablets and they tested DECLARATION OF OFFICER RICHARD EVR~.T'I' I?v SUPPORT OF MOTION FOR PRELIMI'~TARY zNr~~rcTloN 1 2 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 presumptively positive for MDMA. Presum five MDMA Testin and Admission of Sale - ?~'azmul Huda 9. While I was inside the Hudson Theater on July 18, 2049, Officer Luna gave me two tablets which he said Officer Contreras had just purchased from an adult male subject, later identified as Nazmul Ruda. I also took custody of 36 additional tablets Officer Tiffany Emon found on Huda when she searched him incident to his arrest. I recognized a13~ tablets as probable MDMA based on my training and experience. I conducted a presumptive field test on a sample from the tablets and it tested, presumptively positive for MDMA. 14. Later, I interviewed. Huda after infox-rning him, of his constitutional rights and obtaining his consent to speak to me. Huda adrrs.itted selling the two tablets of MDMA to Officer Contreras, and admitted possession of the additional 36 tablets of MDMA that Officer Emon found on his person. AUGUST 29. 2009 DRUG PURCHASE AT HUDSON THEATER A.G. -four tablets MDMA ', 13 . On Saturday, August 29, 2049, I was assigned. to work as an undercover officer as part of another investigation into possible illicit drug trafficking at the Hudson Theater. The investigation was to take place during an event at the theater beginning an that date that was billed as a "rave" party. 12. My assignment an that date was to pose as a prospective purchaser of controlled substances and. attempt to purchase controlled substances from subjects in the parl~ing lot of the theater. I worked with a partner, Officer Reid. 13. I arrived at the theater at about 9 p.m. on that date. At about 11:30 p.m. that evening, Officer Reid and I were approached by a Hispanic male juvenile on the boardwalk outside the theater. The subject was later identified by naaxie; to protect his identity I will refer to him as A.G. He struck up a conversation with. us and. said he had tried to trade some "E"pills to another individual for a ticket to the event. I knew the term. "E" to be a common. street ten~n for ecstasy (MDMA). 11.. I asked A.G. if he had any more "X," another street term, for MDMA. He said that DECLARATION OF OFFICER RICHARD EVERETT IN SUPPORT OF MOTION FOR PRELIMI?tiARY I?~JUN CTI ON 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2p lae dial, and 1 asked if I could bu.y four pills, two each for Officer Reid and myself. A.G. agreed to sell me the four pills for 540. He motioned to another Hispanic male juvenile who was standing aaearby. The other juvenile was later identified by mine; to protect his identity I will refer to him as .LM. 12. .1.M. appi°oached us and removed a pill bottle from. his underwear. He removed four tablets frorn the bottle that appeared to ane to be MDIVIA and gave them to nee and O~ficer Reid. 1 gave A. G. 540 as payment. A.G. and T.M. suggested Officer Reid and I take the pil.l.s right away because we would "feel it hit hard." 13. About 10 minutes later, other SBPD officers arrested A.G. and T.M. NOVEMBER C, 2009 INVESTIGATION AT HUDSON THEATER ~, 1.4. On Friday, November 6, 2009, I was assigned to work as case agent for another undercover investigation into possible illicit drug trafficking at the Hudson T17eater. Tlae ~~, investigation was to take place during a dance event at the theater beginzaing on that date. As case agent, one of my re,spansibilities that evening was to interview suspected drug sellers after they had been arrested,. J.li. -two tablets MDMA 1.5. At about 12:47 a.m. on November 7, 2009, I interviewed a Hispanic finale juvenile, identified as J.U., who was suspected of having sold two tablets of MDMA to SBPD Officer Elizabeth. Contreras earlier that evening. After I advised T.U. of his constitutional rights and he agreed to speak to fine, he admitted he had sold 19 tablets of "E," a common street teen. for ecstasy or MDMA, that evening. G.Z,._.- ,one tablet :MDMA 16. At about 1;10 a.m. on November 7, 2009, I interviewed a Hispanic male juvenile, identified as G.Z., whn was suspected of having sold one tablet of MDMA to SBPD Officer Anna Stewart earlier that evening. Aftex advising G.Z. of his constitutional rights and obtaining laic agreement to speak: to me, I asked him if h.e sold ecstasy that night. He an.swei°ed, "Pretty much." I asked G.Z. how many ecstasy tablets he la.ad sold, and he answered, "Less than. two." ~~~ 4 DEC`,LARATIO;~T OF OFFICEK RICHARD EVEI2~TT IN SUPPORT OF ~vIOTIOI~ FOR PKELIlVIINARY INJUNCTION 1 3 4 5 b 7 8 9 10 11 12 13 1~ 15 16 I7 18 19 20 21 22 23 24 25 2b ?~ 28 Samuel Jacques -,cane tablet MDMA 17. At about 2:07 a.m. an November 7, 2009, I interviewed a black male adult. identified as Samuel Jacques, who was suspected of having sold one tablet of MDM.A (ecstasy) to SBPD Officer Anthony Castro earlier that evening. After I advised Jacques of his constitutional rights and he agreed to speak to me, he admitted he had said. the ecstasy tablet to Ofheer Castro. He also said he lead sold ten ecstasy tablets that evening. CONDUCT OF HUDSON THEATER SECU~2ITY OFFICERS 18. The Hudson Theater employs private security officers during its events. However, during the events I attended. I did not see the security officers snake any effort to infix with the attendees, niazntai- attendees' activities, or do airything else to prevent or abseive illicit drug transactions inside the theater or in the parking lot, Iirside the theater, the guards stayed back against the walls and kept away froze the dance floor where the drug transactions were occzrrring. I'HYSCCAL C01~'FIGURATION OI~ HUDSON THEATER 19. The Hudson Theater consists of two contiguous units. The smaller (north) unit is a nightclub facility referred to as the Gotham or Old Gotham. The larger (south) unit is a concert venue referred to as the Hudson ar the theater. The two units have separate doors to the outside, amid also have interior doors in the east-west wall that runs between them, that allow access from arse unit to the atlier. 20. I have worked undercover at the Hzxdson. Theater irumernus times. Often, the Hudson Theater will bald two events at the wine time, one sir the north. venue and the otlr~r izr the south. Typically, the events feature different types of rriusic and admit different age groups. For example, the earth. venue may feature a "teen night" while the south Wray feature a. "rave" open to adults only. 21. However, in zrzy many times working inside the Hudson Theater, there has never beezr an occasion when the doors in the wall between the two venues ware Iocked or otherwise impassable. hrstead, once a patron gained access to either the north or the south venue, that persoir could pass freely into the other venue through the interior doors, without leaving the building. As a result, in reality there is no separation of the two venues, and juveniles often are 5 ll~;C:L.AKATION OF OFFICER RICHARD E.VERETT IN SUPPORT OF MOTION FOR PRELIMINARY INTUNCTION 1 found in the venue purportedly restricted to adults. 2 22. In addition, the "teen night" events ar-e not restricted to patrons of a certain age or 3 younger, so that in reality they are simply events for all ages. Adults, some substantially alder 4 than the teens i.n attendance, attend these events ar~d interact with much younger patrons without S restxietion ar supervision. b 7 1 declare under penalty of perjury under the Taws of the State of California that the 8 foregoing is true and correct. Executed an ~ :->~~~'`-~ `~~~' 2010. a 1 U ~r` r 12 R.1CT~ARD EVERETT 13 14 15 1.6 17 18 19 20 21 22 23 24 25 26 27 28 5 DECLARATION OF OFFICER RICHA.R.D EVERETT IN SUPPORT OF MOTION FUR PRELIMINARY IN1U'NCTION 6 l DECLARATION OF ASSISTANT CHIEF MARK GARCIA 1, ASSISTANT CHIEF OF POLICI MARK GARCIA, declare: 3 1, I am a sworn peace officer with. the City of San Bernardino Police Departrrzent 4 ("SBPD"} and hold the rank of Assistant. Chief. I have been a sworn peace officer with the S SBPD far 22 years. I have personal knowledge of the facts stated in this declaration and. could 6 competently testify to those facts if called as a witzaess. 7 2. I currently serve as the Assistant Chief for the SBPD. During 2009 and previously 8 I served as the Southeast District Corrzmander for the SBPD. The Hudson Theater ("Hudson"}, 9 located at 295 E. Caroline Street in the City of San. Bernardino {"City"}, is located in the 10 Southeast District. As Distzact Commander, was aware of the incidence of calls for public safety l 1 services (police and fire) in the- district, and was responsible for insuring that the SBPD 12 responded to service calls as necessary to protect the public safety and welfare. My 13 responsibilities included overseeing the assignment of personnel within. the district on a 14 day-to-day basis to address locations o f particular concern to law enforcement. 15 3. The Hudson is located in a cozrzmercial center on the south side of E. Caroline l ~ Street between Watez-~nan Avenue South. to the east and Club Center Drive to the west. The I.7 Hudsozl consists of two contiguous units. The smaller (north) unit is a nightclub facility referred 18 to as the Gotham or Old Gotha~xa. The larger (south) unit is a concert venue referred to as the l9 Hudson or the theater. The two units lave separate dears to the outside, and also have interior 20 doors in the east-west wall that runs between them, that allow access from. one unit to the other. 2l The capacity of the noz-th unit is about-1,300 and the capacity of the south. ua~it. is about 2,2x0, for 22 a total capacity of about 3,500. 23 4. On weekends since at ].east Septerrzber 2008, the Hudson has held all-night 24 musical events commonly know~a as, and advertised by the Hudson as, "rave" parties. These rave 25 events invariably generate a sharp increase in service calls to the SBPD and the City of San 26 Bernardino Dire DepartzTaent ("Fire Departmeart") for the duration of the event, with a 27 corresponding surge in citations and arrests. The subjects of the calls for SBPD sezvice have 28 ranged from. excessive noise, disturbing the peace, and public intoxication to assault, robbery, 1 DECLARATION OF ASSISTANT CHTEF MAIZ.K GARCIA TN SUPPORT OF MOTTOh' ~'OR PRELIMINARY INJZ Tl~ CTION 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 1.5 16 1.7 1$ 19 20 21 22 23 24 25 26 27 '' 28 drug sales, and homicide. The calls to the Fire Department, which are tracked by the SBPD anal the records of which I Have personally reviewed, typically concern ambulance calls fnr drug overdoses nr overbooking of events at the Hudsnn so as to exceed occupancy limits. 5. The result of the extraordinary number of calls for service generated by the Hudson is that the Hudson has become by far the single highest generator of public. safety service calls in the City. For example, from August 1, 2005 to August 1, 2009, the Hudsnn generated in ', excess of 280 calls for service to the SBPD and Fire Departrr~ent. In several. months, the rate of ',i calls for scr°vice equaled nr exceeded a call every day. l_n January 2009, for example, there were 31 calls, and in February 2009 there were 42. i C. In addition, it should be noted that the Hudson is only open an the weekends. Therefore, the actual number of calls for service on event dates far exceeds the average calls per day calculated on the basis of 36S days a year. For example, a rave event called the "Projekt 3D Concert" was held at the Hudsnn. from about 8 p.~n. on March 7 to about 5 a.in. on. March 8; 2009. About 2,1.00 people attended the event. Over the duration of the event, the SBPD issued a total of 26 citations and made 12 arrests, eight for felonies and four for inisdemeannrs. The owners of the Hudson were cited for having persons tu`~der I8 inside the Hudson after curfew and I for running the event past 2 a.m. in violation of their entertainrraentperrmt. Patrons of the Hudson were arrested for a variety of offenses that included drug possession and possession for sale. SBPD af~cers recovered 1.65.9 grams of marijuana, .5 grams of Cocaine, S grams of n~ethampetamine and .'7 grams of MDMA {ecstasy pills}. 7. At about 1:48 a.m. an May 2, 2009, a homicide occurred during a "lrip hap D,T" type event at the Hudsnn. According to SBPD reports prepared at or near° the tune of the events, the incident staa-ted when a subject inside tl~e Hudson got on the stage and claimed a street gang. The subject also made derogatory remarks about other street gangs. A fight started in the facility which spread into the parking lot outside. A total of about 15 shots were then fired in the parking lot, Three victims suffered gunshot wounds. Oa~e, who was shot in the head, died of l~.is wounds. 8. Ori .Tune 6, 2009 I attended a rave event at the Hudson. with a representative of the San Ben~ai-dinn County Department of Public Health, to evaluate the safety of activities that were 2 DECLARATION OF ASSISTANT CHIEF MARK GARCIA IN SUPPORT OF MOTI©N FOR PREI.,IMINARY ZNT[J]`CTION 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 T8 19' 20 21. 22 73 24 25 ? {, 27 28 occurring at the Hudson. I stood to the front of the business far approximately 20 minutes and watched the security guards who were controlling access to the building. During that tune Margaret Sherman, one of the co-owners of the Hudson, was standing near the front doors watching the subjects entering the building. The guards were doing a cursory pat dawn of males entering the building but were not searching any feYriales that entered the building. Additionally, though the guards appeared to be ioaking ii~tn the handbags of attendees who entered the building, they did nn mare than merely glance into the bags. 4. Later nn the evening of June 6,1 spoke to Michael Sherman, another Hudson co-owner, at the rear of the business. 1 told Mr. Shenlaan 1 was concerned about the illegal activity that often went on at the rave events held at the Hudson. Mr, Sherman said he knew drugs were a major part of rave events, but the Hudson had. to put on these types of events because they were having diI'hculty making ends meet. 10. In July, August, anal November 2009, the SBPD conducted undercover drug buys at the Hudson to determine th.e extent of the illegal drug traffielcing at the venue and what, if any, action. the management was taping to address the problem. At four events during those inanths, undercover SBPD officers made moxe than. 40 purchases of illegal drugs, primarily MDMA (a drug commonly found at rave events and commonly referred to as ecstasy), from sellers at tl~e Hudson. The events were held on July 18-19, August 22-23, August 29-30, and November 6-7, 2009, The purchases and arrests, as reflected iil reports prepared by the officers involved shortly after the events recorded, which reports 1 have personally reviewed, are as follows: a. At the event an July 1$-19, two undercover officers made seven drug purchases which led to the arrest of six subjects for sale of MDMA. SBPD officers recovered. 477 MDMA pills and 2 grams of ketainine, another illegal. drug commonly found. at rave events. b. At the event on. August 22-23, 2009, t~vo undercover officers working inside the theater made eight drug purchases, and a third undercover officer made an additional drug purchase in the poi-king lot outside the theater. SBPD officers made f ve arrests. Twn of the sellers were juveniles and were cited rather than. arrested. The remaining three sellers could not be located after the sales lead been made and officers entered the theater to try to arrest them. 3 DECLAR~TTON OF ASSISTANT CHIEF MARK GARCiA In SUPPORT OF VIOTIQN FOR PREI,IMII~ARY INJUNCTI{~N 1 ~ SBPD officers recovered 83 MDMA tablets. c. At the event an August 29-30, 2009, one undercover officer, Officer Anna. 3 Stewart, bought MDMA from eight different subjects inside the Hudson Theater. Three other 4 undercover officers also bought MDMA fra~n subjects inside the theater and. outside in the S theater parking lot. ~ addition, two other subjects were apprehended with ketaine outside the 6 theater, arid. admitted they were planning to sell it, A total of nine subjects were arrested. for sales 7 of MDMA. SBPD officers recovered a total of 274 MDMA pills and. 3.4 ~,~rams afketarnine. 8 d. At the event on November 6-7, 2(709, five SBPD undercover officers made 9 16 buys of MDMA from subjects inside the Hudson Theater. Four of the sellers were juve~ail.es. 10 11. At each. afthe events at which undercover officers made purchases of illegal 11 drugs, the officers stopped making purchases before the event was over simply because they ran 12 out of funds to buy rr~ore dn.rgs, despite the fact the officers usually would buy no more than X10 13 I or X20 worth of drugs at a time. 14 15 1 declare under penalty of perjury under the laws of the State of California. that the 1 G foregoing is tYUe and correct. Executed on au~~ ~~ , 2010, at San i 7 Ben~ardino, California. 18 ~ 19 ASSISTANT IEF MARK GARCIA 20 21 22 23 24 25 26 27 28 4 DECLARATION OF ASSISTAlTT CHIEF MARK GARCIA Iii ~ SUI?PORT Of~ M07'I01! FOR I'R~LIMrNAR~r INJUNCTION l a 4 5 6 7 8 9 10 11 12 13 14 l~ l6 17 18 1.9 20 21. 22 23 24 zs 2b 27 28 DECLARATION OF OFFICER JENNIFER KOI~RELL I, Officer Jennifer Kohrell, declare: 1. I am a sworn. peace officer with the City of San Bernardino Police Department {"SBPD"}. I have been a swon~ peace officer with the SBPD for seven years. I have personal knowledge of the facts stated in this declaration and could competently testify to those facts if called as a tivitz~ess. 2. I am currently assigned to the Vice/Narcotics UYn.it of the SBPD. Far most of ?008 and. 2009, I was assigned to the Patrol Divi.sian of the SBPD. For about the last one and one-half years, one of my job duties has been to monitor the activities of the Hudson Theater, located. at 295 E. Caroline Street in the City of Saga Bernardino ("City"}. In performing that duty I have monitored the incidence of calls for public safety services {police and. fire) at the venue, and the responses to thane calls for service. CALLS FOR SERVICE AT HUDSC-I~ THEATER 3. The Hudson Theater is open only on weekends, but it generates an extremely large number of ca11s for public safety services (SBPD and San. Bernardino City Fire Department), far more than. any other single location in the City. Based on a review of SBPD dispatch records, which were prepared. at the times of the events described and with which I am personally familiar, I have calculated that far the period from. August I, 2008 through August 1, 2009, the ~ Hudson Theater generated mare than 280 calls for service. 4, In March 2009, I reviewed SBPD records showing the calls for service generated by the Hudson Theater in. November anal December 2008 anal January and February 2009. I calculated the following figures based an this review: Noverber 2008 - 38 calls fnr service, including three medical service calls in one night and three noise disturbance calls on another night. December 2008 - 41 calls for service, including a robbery, a fight inside the business that required a medical service call, an alcohol overdose call, a staler vehicle, and eight noise disturbances. January 2009 - 31 calls for service, including two medical calls for overdosed or DECLARATION OF OFFICER JE?~'IFER KOHRELL IN sUPPORT OF iVIOTIO?~ FOR PRELIMI'vARY INTUNCTLON 1 unconscious subjects and a call from a neighboring business complaining that juveniles from the 2 Hudson Theater, believed to be on drugs, were creating a disturbance in the neighborhood. ~ February 2009 - 42 calls for service, including a fight, a drug overdose, an assault on a 4 fen-~ale requiring medical attention, a stolen vehicle, and an incident in which an event was 5 oversold by approximately 1,500 people, resulting in subjects who could not be admitted to the 6 event becoming cnrnbative and vandalizing, littering, and throwing objects at the S3PD offzcers 7 who were trying to rr~aintain order. 8 CITATIONS ISSUED TO OWNERS OF FIUDSON THEATER 9 5. From July 14, 200& through August 22, 2009, the principal owners and operators I O of the Hudson Theater, Margaret and Michael Sherman, were cited. by the SBPD far breaking the l I law in coaznect~on with their operation. o the ve7~lue at least ll times. The dates, offezascs, and 12 individuals cited ors these occasions were: 13 July 14, 2008 -serving alcohol without license - Ms. Sherman 1 ~ July 14, 2008 -serving alcohol without license - Mr. Sherman. 15 August 17, 2008 -excessive noise - Ivlr. Sherman. 16 December 19, 2008 -excessive noise - Ms. Sherman 17 Decermber 20, 2008 -excessive noise - Ms. Sherman (two citations) 18 March 8, 2009 -curfew violation - Ms. Sherman 19 March 8, 2009 -curfew violation - Mr. Sherman 20 March 8, 2009 -unpaid. business license fee - Ms. Sherman 21 March 8, 2009 -unpaid business license fee - Mr. Sherman 22 August 22, 2009 - tobacco license not displayed. - Ms. Shernan 23 OPERgTING PERMIT VIOLATIONS AT HUDSON THEATER 24 G. The Hudson Theater operates under Entertainzxaent, Operator's, and Games of 2S Arxzusezment Permits (collectively, "Entertainment Permits") issued by the City in or about 26 August 2005. These perrriits are required for the operation of are entertainment establishment in 27 the land use district ire which the Hudson Theater is located. True and correct copies of these 28 permits are attached to this declaration as Exhibit I . I have personally inspected these permits on z DECLARATI.OIr ©F OFFICER JENNIFER KOHRELL III' SUPPORT OF MOTIOI~T FOR PRELIMINARY LNJUNCTIO? 1 2 3 4 5 6 7 8 9 l0 1.1 12 l3 14 1S 16 1.7 l8 19 20 2l 22 23 24 2S 26 27 28 file at San Bernardino City Hall. and am familiar with their contents. 7, The Entertainment Permits require the Hudson Theater to comply with conditions which are included as part of Exhibit 1 to this declaration, and which the operators of the Hudson Theater al,~-eed to in writing on August 11, 2005. Condition No. l 0 of the conditions of the Entertainment Permits provides: "No business is to be conducted on the pa-emises after 2:00 a.~n." Conditio~~ N~o, l I of the conditions of the Exrteriai~rn~ent Pertr~.its provides: "Non employees are prohibited frown being inside the business after 2:00 a.m." 8. The Hudson Theater routinely conducts events after 2 a.m., and routinely permits non-employees of the business to remain inside the business after 2 a.m. On numerous occasions I have been present at the Hudson Theater when events continued to 4 or S a.m. For exata~pe, during an event an March 7-8, 2009, I advised Mr. Michael Sherman and Mrs. Margaret Sherman at approximately 1:45 a.m. an March 8 that their entertainment permit specified. they were not to have patrons in their business past 2 a. I advised Mr. and Mrs. Sherman. I had spolt.en to the promoter of the event and had been i~aformed that the contract for the event provided. the event would not end until 4 a.n7. I also explained that if the music was on past 2 a.m. T was going to issue the Shermans a citation. 9. After 2 a.m. on March 8, 2009, there were three rooms of live music and disk jockeys playing at the Hudson Theater. The noise level had not changed, and the venue was still completely fuI1 of patrons with an approximate coua~t of over 1.,500. I issued citations Michael Sl~ennan anal Margaret Sherman for the violation of their entertainment penmits. 10. At approximately 3:46 a.m. on March 8, 2009, I spoke to a Sergeant for the security guard service hired by the Hudson Theater. The Sergeant identified himself as Isiah Harbor. l asked what time the event would be aver, and he advised ine it would be over at 4 a.ir~., which actually would be S a.m. due to the time change at 2 a.m. that morning. 11. -The Hudson Theater publicly advertises its events as ending at 4 or Sa.rn. True and correct copies ofadvertisements for events at the Hudson. Theater, which I retrieved from the Internet, are attached to this declaration as Exhibit 2. Those advertisements show the events as lasting until 4 or 5 a.m. 3 DECLARATION OF OFFICER JENNIFER KOHRELL IN SUPPORT OF vIOTION FOR PRELIMINARY INJUNCTION l 2 3 4 5 6 7 S 9 10 I1 12 13 14 15 16 17 ]$ 19 2p 21 22 23 24 25 26 27 28 1.2. Condition No. 5 ofthe conditions of the Entertainment Permits provides: "Noise and/or amplified. sound shall NOT be audible to the exterior of the business at any time. Noise and amplified sound from the licensed business shall not be audible from within. any ~. attached business." 13. In addition, San Bernardino ,Municipal Code ("SBMC") section 8.3().010(.1) provides that noise so loud as to unreasonably distuxb adjacent property owners or occupiers of normal sensitivity is a public nuisance, and SBMC section 8.54.020(D) prohibits producing ', sound in such a manner as to disturb the peace of neighboring persons, anal that is plainly audible across property boundaries. 14. The Hudson Theater does ~~ot comply with Conditiozt No. 5 of the Entertainment Permits ar with the SBMC sections cited in the preceding paragraph. Throughout the time I leave been zTaanitoring the activities of the Hudson Theater, stoning in 2005, th.e SBPD has received repeated. calls for service concen~ing excessive noise at the venue from neighboring residents. On each. of the moray occasions on which I have been at the Hudson Theater while an event was in progress, the music has been. plainly audible far beyond the premises, within the sura-ounding eammunaty. 15. At about 10:15 p.m. on July 19, 2008, while I was on patrol, I was dispatched to respaa~d to an excessive noise call at the Hudson Theater. I went to the residence of the complaining party, located several. blocl~s and about one-quarter mile from the Hudson Theater. I could hear the bass from the music from. the Hudson Theater clearly from the complaining party's front porch. 16, SBPD Officer Martin Gonzalez and I then went to the Hudson. Theater anal contacted Michael Sherman, one of the owners of the Hudson Theater. I had previously discussed with Mr. Sherman on mal~y occasions the problem of loud music from the Hudson Theater. I explained the prablezxa and Mr. Sheraa-aan said he had four different sound. engineers and was having trouble controlling the volume. T issued Mr. Sherman a cztation for the excessive Horse. 17. At about 12:30 a.m. on July 20, 2008, after the complaining party had called about 4 llELLARATION OF OFFICER JE\~NIPER KOHRELL IN SUPPORT OF MOTION POR PRELIMINARY Ii`TJLTNCTI ON 1 3 4 6 7 8 9 10 1l 1.2 13 i4 1~ 16 17 18 l9 20 21 22 23 24 ?~ 2G ~~ 28 tl~e noise again, I went back to the residence acrd could again clearly hear the music from the Hudson Theater. Officer Gonzalez and I returned tc~ the Hudson Theater and issued 1vlr. Sherman ~ a second citation for the excessive noise. CURFEW VIOLATIONS AT HUDSON TI-IEATER ', 18. SBMC section 9.6$.010(A){I}, provides tlxat curfew hours begin at one minute past midnight on Friday and Saturday, and at 11 p.xn. the remaining days of the week. 19. SBMC section 9.68.020(C} provides that it is an offense far the owner, operator, or any employee of an establishment to knowingly allow a person under 1.8 to remain upon the pxetnises of the establishment during curfew hours. 20. T was at the Hudson Theater during the early maniing hours of Sunday,lVlarch 8, 2009 during the event at the venue on March. 7-8, 2009. Between 1.:27 and 1.:40 a.m. ari that date, I contacted 20 individuals inside the venue who appeared to be uxzder 18 years old.. Out of the 20 individuals I contacted, seven were under 18. The average age of these individuals was 17. 2I. I then spoke to Sgt. Isiah Harbor of the Hudson Theater's private security hnn. Sgt. Harbor said the security personnel would admit patxo~~s to the theater if they were "I6 or so" but did not require individuals under 18 to leave the theater at curfew times. I then. issued citations to Mr. and. Ms. Sherman. for violating the SBMC curfew provisions. 22. As shown by the advertiserr~ents attached to this declaration as Exhibit 2, the Fludson Theater advertises events as open to "All Ages" even though they are not scheduled to end ua-rtil 4 ar 5 a.n~. JULY 18-19 DRUG ARREST AT HUDSON THEATER John N w uyen - 84 tablets MDMA 23. On Saturday, July 18, 20C?9, I was assigned to participate in an investigation into possible illicit drug trafficking at the Hudson Theater. The investigation was to take place during an event at the theater on July 18-19, 2009 that was billed as a "rave" party. My assignment was to serve as part of an arrest team. that would arrest subjects who possessed ar sold illicit drugs at the event. My partner far the assignment was SBPD Officer Arturo Reyna. I wore a standard 5 DECLARATION Off' OFI~ICER ,TFNtFER KOHREL:L INE SUPPORT OI' MOTION T~'QR. I'RBLIMINARY IN.TUNCTION I 3 4 S 6 7 8 9 10 11 12 13 14 15 16 1.7 18 19 20 I 21 22 23 24 2S 2b 27 28 SBPD uniform in this assignment. 24. At about 1:1 S a.m. nn Sunday, July 19, 20f)9, Officer Reyna and 1 were su~xaaned to the Hudson Theater parking lot by arr undercover officer wrho had contacted a subject, later identified as Jnhn Nguyen, behoved to be in possession of illicit drugs, Off cer Rcyna and 1 went to the parlcing lot and contacted Nguyen, who was a passenger in a car in the parking lot. 2S. 1 asked Nguyen to step out of the car anal when h.e dial sa 1 conducted a pat-down search of his person. 1 noticed a bulge ia~ his fi°on.t waistband and asked him what it was. Nguyen said it was "pills." I asked a male officer to retrieve the object from. Nguyen's waistband. The object tun3ed out to be a clear plastic bag filled with what I estimated to be more than 2S round blue tablets. The tablets appeared to me, based. on rmy training and experience, to be MDMA. 26. Nguyen. was placed under arrest and, detained in tl~e back of my patrol unit. 1 advised him ofhis constitutional rights and he agreed to speak to me. In response to my questions, Nguyen admitted he was at the event to sell. the blue tablets that had been found on him, and that he had the tablets inside the theater. Nguyen. alsa said he was searched. at the door by Hudson Theater security but they did not find tlae tablets. 27. The plastic bag retrieved from Nguyen. contained 84 tablets total, with a total. weight of 23.4 grams. I declare under penalty of perjury under the laws of the State of Cahfon3ia that the foregoing is true and correct. Executed nn ~~~ ~ , 2010, at San Ben~ardino, California. ~ ~~ JEN1~'IFER KOHRELL G ~ F ER JENNIFER KOHREI,L IN SUPPORT OF MOTION FOR PRELIMINARY WJUNC'rION ~.xh~b~~ ~`:. r CITY CLERK, P.t~. BpX 138 Sao NpRTI~ "p" STRUT s~I~ aI«~w,R~I~o, CALI~Uh'NIA 82aa2 (Ci~apter 5.82, S.B.M.C.) -~~a~~: ~sta~~ saaG-s~a~ _ , , E3i#: ; S 384-5D35 ~6 [ ! q/3 ~~~ FM 4w~~1~\RV ~{1V PEIiSUNAI INFDR~AATIQN (Type or prim in inks ~' 0 PRtUR RESIE}ENCE AC3i7RES5 LPCaiion Oft jF3uyineps (Strrei P.ddreysf _~~,~ ~ business Pfnssne No~ (,~} L~.~~ ~ Square F4atage pf Business premise: Mailing Address ~, • , ABC Linenae NP. ~ f r~ u ~L ~,,~:J'~ Gt ~ ~~~~ ~~ pN SALE. !~ 6FF SALE P~ORMO~BIlSiN2=55 ~ Fndivfduai PattnerTship [1 Corparat'tdn /~..' i+3arnes artd addresses pf partrj@'rs or corporetian afticers: (Use additiorsaj pages r(necetsaryJ ~,~ ~ ~ ~ Fhane:~,,,~ ~~) ,1 ~3 /{ __ ~ ~~ rr /' F ~ f F` ~~ l~ C: r~ ,s ~ f ,,,r i . r r .3 ~1 ~ ~ ~ ~~. `- ~ PftanE: ~ (l`'.' _ i.L': ~ ` /~/ ~f. J € plan [p start business ^n ?4 ~ ~ } ~ ~ [ wii€ he pperaling (Days pf the week) M ~i~ W r ~ z~ l• /^ ~ , Between the hours p{ ~ _ _~ ~~ ,^ and~„~,~,~.E C7 c L_ ~Rh~naserl5upe•vis+o~r Name L , s ,s,~! ~~+ ~~ " {~~`~ dot.,: Have you ever had a business license revoked, suspended or cancelled for any reasan? i:i Yes us No If yes, please cxpiain luxe add7tional pagies if necassaryj !~ Arg you now pr have ynp ever Yseen engaged in any buai Hess as a partner or epvporate pwner7 ~"., Yes #Vo I f yes, please fisf termis Hems/s and afficery of each carppra[ian. f'J.re atldirionaf pages if necessaryl t'LEASE REAP AN€3 S1G3d: I [7ECLARE, IFNDER THE PEN0.LTY OF PERd'.JFiY, THAT THIS APPLICATION HAS SEEN EkAMINEp BY ME AN6 Tp THE BEST OF MY KNOWi.EI1GE AM6 BELEEF IS A TRSJE, CLIt3{iECT ANQ CC~MPF»I"TE STATEMENT' C1E FAuTS. # iJNi3ERSTAND FALSIPICATIDN ANY STATE:MirNTlvFAY R~SUtT IN THE DI"NfAL DR AN t}PERATf3R'S PERMIT. Print Name ~~ Signature Dste Invesligajt0~d""~y~: _ naif~ ~ k racpmmEnd thVS licens2Jpetmit #le Q Gran{ed Hied t ) ~ { 1~~~a ^ GRANTi=D F6R A LIMITIrD TIME DN;:Y, TEMPpRARY Jf ~,.. • .~ ~,~ ______~_.. ~ L7 St18,€ECf T6 CONI71TiDN5 ON ATTACHEp DDCl3ShENT t:HtEE (SF C(11 ff'E 34F TFlK BU51pfESS INFCFRhSATtaAI Name a+. F , . ~ . ~ -•--^r~'T_,.. _ a~'F. i is ~usineys Permit I ~ i I3 a i /" : 3 w /'~ pe of ;' i i ~J~ ~~ ~~~~~ ~1.P~~-~C~.~'1~}~ ~®R. ~~~~~~~ ~r.~~ST~T~QN ~~` ~~~~~ ®'NF'iC~ USE f)NLY ~CH~CK ~.LL T~.~T APPLY} {FAC7r PAGE) POLCCE DEPARTMENT (Dine and Dance Q Theater ^ Solicitation ^ Special aff cer Date ^ l~tassage Parlor ©Axtn4red Car [ City Mall Q Scfznol Ernplayee C.D. Na. [~1 Ga~neslAmusement ©Guard Service ~$tzrglar Alarm 'T'axi Driver Print/Photo Fee: S Live Entertainment ^ Det. Agency (~ Police App. ©~xnEaulance Driver Other Fee: ,~ Pc~olroarn ^ Private Patral ^ Police Reserve ^ VaEley College Total Fees: $ Restaurant ~A$C License r+ Security Guard ^ Massage Tech. ~ Receipt Na. Par~ade Permit Location { ) ©Weapon Perrrtzt Cry: Other -- CITY HALL GE~~~~.. ~~TFQF>~ATI£}l~ a or rf~tt in i~ak Date Submitted: ~ r - Phone ..~ ~~ C~ 1~1ew ^ Renewal ~ ~, 1 ~ f ''7 ' ~~' ~ Business Reg. Fee. ~ ~OSTSC, At~drCS$ ~ ~ ~~ ~ r C~ r ~~ ~ ~~ 1 '~ ~ ~ L~ ~~~ ~ ~nVCSt. FCti": $--,--•W- Total: $~ C?ccup Liam [a erg Receipt No i~Vark Address p ~ t ~ r ~..~ ~ ~ ~ ZEp PhoriC c;f ~-~~~ . ~ Get { ;,~ ~ -T ~r ` ~, ~i 3 -- (.i? j n>7 ~ sy: C~atc of Birth ~ ~ ~` ~ Place of I}irth ~ ~ Axe you a [J.S. Cs ~xen" ~s ~ txngth of Resi ac in ~ ~ Count 5 ~ i r G ~ ~~I~ Ct~ E _ z~ y . ty c 1 Sex A H_cight Wei ht Color of eyes Cc~ior a Hair Complexion Aiati©nality ~ "~ ~ ~ ~ ~ ~. ~ ~ ~ ~ ~, ... K,F]Cck~ f ~ Driver's License No. State 5ociap! _Security I+1e. r II 5car5; 3vFazks, Tattoos ` Next of///Kic``t } ~~ 77 Rel{ationship/' ~ Address { ('~ Have yo ' vcr been found guilty or plead guilty tt~ any crime? o ^ Yes ('rf yes expiairz "Exclude Minnr'I`rat~ic o:f'fenses) ve you ever used another name? ff yes, please list the names. N9 [~ Y05 PI. A.SE READ ANLt SIGI~C: I C;ERTIC~"Y THAT ALi.. 5TATEMECYTS Ifs THIS AYF[.ICA'I'C€7Ctit ARE TRUE, tkCCURATE ANA C€IMPLETE AI~'D ACIUvt~WI.EI)~Ia , THAT EALSI~`ICA"I'ICyN QF ACVY STATEMEN'%` MAY RESLIJT IN TI-IE CAC+ICELLATIOIV p;r TI-IIS AI`PI.IC~.TION ~ ..~ Signature_ ~'~i`~ Dafe: L~ ~ ~~ L~ ` ~ ~~~~~~~~ (Business pegisiratian Applicstrts Un1Y) Na ~r Address ~` PS E ~ G.. P ~ Phone srnesslPr Passion ~ Address y G~ S < ~f { G 1 ~ ,,t 4 ~ ~ (~ ..3 ~,, ~ Phone ,, _ Year Known ~ Na ~ r" ~~ ~~ {rvt~ . ~1 ~ ~2 ~1 ~. ~: ~ '~~~~, ~ 4 ~~ to ~ •°~ 5 ~° «.. ~ ~ C~ ~ 3 on .- b ~~L ~ 7 ~ ~ S sine5s!€'rofession Address ~ ~ ~li~ ~ ~ ~ ~ ['r Phone 751.. Years wn ~~-1 ~ ~~ fh ~ A 'y(`~jr~ s~ ~~Jf `~ '+' is/BUJ `l ~g~~~y,. ~ Phone_~j b ~1 ~f'~j/ (~f I B inessfPrafessian Address ~ p; ~ ~:, ~ c ~ ~~ , - _-` Phone (~' ~ ,~ . ~ ~ '`1 ~.~ ~ ~ ~~ Yes Yown ~ ~ ~ 1 c J w'~ C_ StEDaxrem~ nrtec CITY ®~' S:~ BERNAktllI.tVC3 ' BllSINt*:SS ItIGISTRATICD~/PERNiIT SLJPPLEM~[vT ~. tea rat Affp''p~licant /~ ~.~i~[ ~ ~.1'R l..y ~ 2. 7ype~of $ ° ~ iness ar P ~~.t ~ . d t _ rr t j.~^ r~Cr J ~t..w c_~ A. f`.[.' /L.1 [' ~ J P w Date 1~~/f f~/" ~ f ~, Pmpbsed t~larn~ ofBusitsess (D.$.A) ` ` . . ,4. A~dres c~r~'1 J ~% C:c:u~ ~, ~ ; .~ ~ 5. hone Nom ~ ! 'i •a-r """ L~ ~`t ~~n~ ` "' I Y?, .~~ '•1 ~~. •'~ Cdli ~ r; ~ l ~~ ~ ~LII 6. pwner of 13usincss (i.c. personlft invrsimentilnt.) . ~. Address S. hone No '~ ;u (:.fir . ~ f - ~~~f J 7 t plan to staff Husmess on Date ~_X ~ ~ ~ ~` ( } ~ - t~ -~ W Y twill be operating {Days of the Vdeek) ~ $etweers the hours of =~..' and ~ ~ ~. -, ~.:: [: , r''1 h~lanagerlSupervssar Marne: ~~t=;'4 ~ C, ~'t E'~ ..I'_~ E~~t rY~!'! 8. Have ynu ever had a Business ~.itcnsc ar 3tcgi5ttation revoked, suspended or cancelled far any reason? if ^ yes _ No yes, please explain; {else additional pages if necessary} 9. Arc you na.w ar have you been rngaged in any 9ustness as a Partner or Corporate Owner? €f t~l. Yes ~No _ yes. Csleasc list firFrsis namcls and ofFcers of each rorboratian. Use addstionel a es if neccssa } 1{). Live tJ nter#ainm~nt A.pptications f}ttly: etailcd I}escripiion of the Enicstainment: ~3 }} ~' ~ ~~ ~ l E J~ EY....} # ~l./ Cd..,~} ~ I li ~•r ~~L,X~~~' Pr,/L~ Yti. f f ~ E~ ~J /~ S. ~ Lracals ~ pf Entcrtainrneni ~ Haw many people will 6a engage Adrz~issirin Fee ~ n `I.~ [. Lie p i<<<'~ L .~ r ~ in the entertainment? C .+ ~ ~- C"~ ~3 ~ 5 CJ ' `~ R.~SIDENCI;S Iaisf Address for the East live ears with ¢ttrre>tat at the to . Frain P~Tn Address ~ (.,~ ~1 -~" (.i (~ I ~ ~ "IW • rp ,~ ~ ~'' Zip iandi€srd Address Phase Na .'.. Frorn To Address Zip Landlord Address Phone No. µJ. From Tn Address Zip Landlord ~ Address Phnne No. 4 From To Address +'ip Landlord Address Phnne No. >, FFam Ta ..~ Address Zip Landlo Address Phone Na. ~MPL®'i'MEl~T (7R BUSZN;~~SS H~STQI2Y ist ~xn lovers for the last five ears with current at the to ly ~~>M~ To Address ~ r, Sapervi Ar ~. Fr4rr1 a Addre5S ~ }-~6 rl I ~.~ f ~ `~ / G- ~- LJ ~'~.( ~'"1 { `~ V ~j' St€~CfV1Spr ~ . r ~ From i 3 Ta Address 5upervisor 4. From Ta Address 3upt:rvisnr 5. Frain To Address Supervisor rti 1 Certify ihaE the a€~ove irtformyt's©n is true and eorrreL Signed: a "~ ~ OF CE t1SE CY!"~LY . ~, _ ~~ n_,nr.-ri ...,........... .. !+i ~ '~~ I Re~aaramend dais Rel;istrationlPerYnit be ^ Granted ._.. °~ en~ed , ~ ....._-.-.-.-.. ,~. ~~YY Q~' S~~ ~Rhf~~D;4N~ • APPL~T1C~N F~3 C~PER~T~ PE'IT ACCOUN T ND. I CLASS TYPE ~~ PERSEINRL I#FpRNIAYIOH iType 4r print in iniC# N Phone j i E1aie of BerFh {Place of 8ir[n ~ Are You a L'.5, tr2stn7 LengYn 'C' C.. i;J • ~zC. ^' ~ vas ~No have you ever l7trn tpund guilty or plead guilty to ny Crime? No ,^, Yes (1t Vas Arease explarn- ?tiave yuu ever used anaiher Warne? I~ yes _ Ptease List the names, fVu Yes ~ (~,~~ ~ ~ ~„ , ~ PRIOR RESIDENCE kOExRESS R~rj ~ € Tl~js ~oE~E~ Ta CETY GL~RK, P.Q, pax 1318 306 NaRTH "D" S"~REE7 sa~v ~~RraaRaEr~a. c~L#~a~~l,a szaaz TELEP#fiaE~E: {909} 98b-5302 QR: 384-5035 ; . h4EW .~._ . ~,_ .. at Resrdehce in~, ~ _) ~ _ ... ''s License Na_ (~y~~_~~iU~ Security No. k~~~1-~~ City OFfECE ELSE ONLY CSTY HALL Date submittetl: ~ Nrw ~ firnewa! ,//5yyra:e t"i Business Lrc. Fee: S I invest. Pee ~~~'~~C~' Total: S Recespr Np. POLfCE pEPARTMENT ' . !- '. ~ Address I r~ ~ C~ YC, E ~~ 4~ - ~ " H t~J K ~ _# _ -- ~~ ~~ - ~ Date ~r ~ ~ Ihi '=3 4r- ~" t•~! ..... , ,.... E.andiard Address r Phane No. I.€3, Np. By. EMPLOYft~EhiT E1R BESSINE55 HISTORY Last tvuo employers} "" 1 Frbm !~ UG~.I~~ To ~, ,(~ Y{^t~L'.~~~ Name pi' 8usintss 1 L ~,~(~yf ~ ~( 1.,,~ri.'~ l,1'~~ ~~-'~'~•'~~ Jam"' ~~ ~ ~ Address ~~~~ -~l ~ r') ( 1 n t r ~a•'~~k.1 t1V:il~.~ i 1 `~[ )l~ ~ f ~ ti Phone]~~is'G~ ~ i ~ iF +~~~4 ~ SuAervisar ~~~'~ ~~ I ~. Frorr3J) , E ~ ~ E.f r 1To ~ 1.+' lr ~ i Name pf Busi~njess y ~-+, -~" ~.` ~ ~ C'C ~ S V ~} ' 1 ~ ~..11'~ ~ ~ Addreas JC..' L'3 [% .,"J,,L~ ~.•4.C,~[ L.4~-i~.l f L ~ ~ ~ fy~~ ~~~ r V f ~`~ ~ E 1 /Lsa Ph na °~ ~~ ~ ° V~-t ~ ~ S[rpervisar ~ ~- $13SIEUESSINFDRfViATEDN _ _ _ Namr of F3usi~el!ss {pBA: • ~ i.~ ~ ~ ~ ~ / _,. ~ ~' L~^ ~.. _. J~11_...~ ..._--'y",,'~ t1 r~_ E t~~1 ~ ~ ~ ~+~ e 3 ~~ E~,-1,~4Z. t-F ~ .i iV TqF 8usi es; PBrrtF1t f,_ YFJ~ ..11 : 'E! 1 ~ s r'~ CI` ~CIL'? ~ ~ ~ e G L.oear(.iJ.j~n of 8usi s tStree; dress} Y.. _. ~ ~ ~ ~ r? / ~ l •~ ~ ~ r i Business Phorte Nn. . . i ~L .~ . 15 Y Gl .(.rt Square foaraga pf Business pre ise ~. t i 1 ~q3 f ~ ~ ~~Lr~ ~~/r1 ~~ Lt '1 G~ ~-r"t } r ~ G~ o~y ~~ 3 ^~ ~ ~ C , - t, r c~- i L... # r Mailing A dr ss ~ 6~ s} ~ '~~ j ~ y ~"' '-+... ABC LlC8r1Sr {~G, f i .../7 ~ +~.{~~ C-^I'Y. ~,} ~.. t,.L.C. Li-'Y~ t+ rL ~~ G'~ ~ C`.{~-T ~ ~ ~t ~j ~ ON SALE ~ / JPE SAE:E * FpRfvi OP BUStNE-S$ G individual ParTnarship C C.orpa=anon ~ Names antl addresses of parrnrrs pr Corppratiorr officers: (Uaeadditiona! pages it nacassaryl ~~ ~~ ~ r ~ ~ ~ e~ ! r ~ ~r ~hana' € ~..Zl' C ! ~k~. ~ ~ ~.~`:~ ~2 Ea ~ - ~ LSE R~'"" ~' ~' I p4an IC start 6usines5 on ~ ~ ~ r ~~ `" i will be oparaiiRg {flays oY the week ~ ~' 1 !~< ry-~ n Between tfie hours of ,~' i_\ ~J' •. and "r I L k 4~. • ryh t C.~ i anagar/Superv ssoli. !Jame Have you ever had a businass IiGensa revoked, suspended or canCellad for any reason? O Yes iQ N6 §f yas, please explain (Use sCdirianaf pages iF necessary} (("~..~..-- Are you now or have you ever 6ern engaged rn any business as a partner or Corporare owner] c ~ Vrs ~~.. Na !f ye~,piease lict firm/6 :1amC;'S and p{fifers of,eaCh.gorpOraripn. IUse ArtrVr:ranaf nanny iF ~,rs ,~•r PLEASE EiEAp AND SIGN: E _ 1 F3ECLARE, UNDER THE PENALTY OP PERJURY. TWRT TH{S APPLICAT€flN HAS BEEN EXAMINED BY ME ANO TQ THE BEST 6F MY KNOWLEDGE AND BELIEF IS A TRkJ t, CORRECT AND Ct)MPLETE STA'TirMENT CSF PACTS, ! lSNpfRSTANp FgLSIFICATh6N OF ANY 5Tg7EMENT MAY RE IJLT IN THE pENIAL OF AN OPERATOR'S PERMIT. Print Name Signatura Date lnvrsrigated by'. ! ~a e t` [ l reCnrnrrrend this IiCensefpermir be ~ Granted enied V. ~ ~ ~ ~ ~ i~ Gf3ANTEq FflR A L€MITED T1~1=_ ONLY, TEMP ORAR p~~ [~ r ~'^~, l ~ SLI6JE C'" TO C6NDITiONS ON AT"TACHEp DOCUMENT CHIEF OF PU:II~ O r{E CITY OF SAN BE~NARD O Page of ~• AP~'LI~ATIC~N FOR Bt~SINE55 REGISTRATION 4~ PERMIT ~~~cE use t3NLY (C~~C~ ~,~. 'T~IAT APP`~~ } (FACE PAGE] P©LICE l;3EPARTMENT C~Di~e and Ilante ^ Theater ©Solacitatian ^ Special ©f'ttccr Date ^ Ivlassage Parlor ^ Armated Car ^ City Mall ^ Scltaa! ErrrpiQyee I.D. No. Games/Amusement ^ Guard Service ~Surglar Alarm ~ Taxi !]river PtintlPhoto Fee: S Live Entertairunent ^ Det. Agency ^ Po€ic~ App, ^ A.mbu€ance !]rivtar Other Fee: ~ Pr~ttlrrtom ^ Private Petro! ^ Felice Reserve ^ Valley College Total Fees: ~ Restaurant ~ ABC License ~ Security Guard ^ li+f assage Tech. Receipt NQ, ^ Parade Permit (Location) -- ..."_., _ Ll Weapon Pertxait By: ©the~r CITY HALL G~~C~]~,I, INF~3]EtN~AT€ON a or ri>n~ ~;~ il~ik Date Su'ozn%tted: _ amp b. Phone ! G Girl ~-~ ~~ ~ ~ ~•,~ ~.~? # ' l~ ~` t"i ~.~ D New ^ Renewal Business Iteg. Fee: ~ Horne Address !ry Zi Invest. Fee: ~ Occupation ~rr}} ~mpinytr y .. L% ~ `- t? ~4 C C? t C:.. ~.... L tr ~ ` `~~ ~nCly A ~ Z ZEFI PI1Dnt: _ ' Receipt No. + ~ ~.~ . 1 t i ~ ~ ~ ~ lJ d' r Y~ Gate of 9irtts -may t ' 1 ~ - ~ ~ Place of Bitch s '_ ~ V ~ ' ~ Are you a C3.S. C"fizen? ©Yes lVo length of Itesidenee in Count ~% Ci ~ ~ ,~ 4 Lt s f l.- y 7f 1~'..- ty _ _._. ~ ~ Hei WII eight C or a eyes C(c~slar,,o11f Hair C1komf pEe~x[;ian Natlioi nality 1~ I'~ ~ ~ ~ 2 ~ ' l7 tLl V- Y `~..G~ . 7'1 4. ~ t~'~ iU { ~.,.. £?riuer'~ieerESe Sate Social Seccurity No. Scars Marks Tatt©os , , IV 7Ct Of Kin Itelatl6nShlp ~ddfe55 ~y / ~ rr -^-~ C'~~ I-€avs you ever been found guilty Dr plead guilty to any crime? No !~ Yes {if yes explain " Iaxclude Mincsr Traffic offenses} I-§ave you ever used another name? If yes, please list then es ©No ''~ ~ ~, ~ ~ , PLI~ASE ItIMAL? AND SIGNa 1 CE1(ZTIFX THAT ALL S'I"ATEl1~lENTS IN THIS APPLICATIOlt A.RE TRIBE, ACC'UAATE ANB COMPLETE AI1iD AC~CN(}WLEDGE , THAT FALSIFiCATIOIV Q;~ ANY S TI:.MEriIT MAX RESULT IN THE CAI"~tCELLATIOf~ OF THIS AI'FLICATION ~ ~ ' 5ignatt~re: L7ate: ~~~~~~~r~ (Business Registration Applicants Only) Nart~ ~ ~ ~' ~ , , ~ `.-.~-7~'; ~~ ~ ~-~ Address ~ ~l, ~-t . `~ ~ f' Fh one .. ,~ ` ~ ~~ Vd BusinesslPro~ ssian Address ~ t /~ `d ~~" ~~"l~ Name Address ~~ l ~ G ~ -~ G ~ L~ ~ i ~ ~ r € L ~-~'~' ~~ Phone (,Q 1 ~ . . - . 1 ~ Business{Ptofessi'n ~ Address Phone Years s3 I~Ia ~ ` ~ ~. I C G.` ((~ Address ~ ~ ~ ~ TO ~ r 5 ~1 /~ ~ 1 f C ~ ~ G' ~ Phone ~ ~ C ' . l-, ~_.i_ C. , ~, 13usin~ ~ ~ ~ ~~ Address' Pha ~) ~(~' 7 ~ r- Years Known t... ~ti''lSED6TlAlU1 M6.5 . t C>rY a~ s~i sR~,~t'v~ ~t~srn~.ss R~ctsTR~Ta~~irn~~rT sui?~~,~~x~l~~ 7 ?dames of A»nlEr~..i r..'^ ~ r 1 c 1 auarrscss ar r Is _ ~ • ,~~'~`'- ~L ~.f)_.`.... GJ t ~ ,'r~ C3 ~? C ?1 ~ ~.:+ ~ ~ Date t} f ~ -' lr} "~ - Cj `""~ 1. Proposed i af Susinass (D.S.P,,.j . t ~ 4. Address~~ c~3 ~ C~GU} ~, j 1,3 ~ " t7 PhOtsz Na. 5f~. ~ G4,O'wnero~f~BSu,siness(i.e.pcrsonl ~, tment/Snc.) 7. Address `"~(,,~ -{ pi:,>"tit~~.tiF' C; - ~ y J S. PhoneNo... 4-~l~t,r5d. ~'- ~1=~'S.L';'"1 ft G'~ C~ C~.a..C'_ r.. ~~'t~ . ~t ~ r,, ~'1 L~ ~i ~ `~ -t ~ U~ C't~? r 3. 1 pEan to start Business as (Date) ~.~ f ~ ~C~~; ~ I will 13c operating {bays of the Meek) ~ I~ ~ ~~ ~~ ` , ` [, Between the hours of ~Y ~ C1 and } D '" ~"~.ll O:/ ~"~ , ~-rl tJanager1Super~isor Name: _~ ~Jj ~ ~i ~-~~J'~~Yl (..s'~~ 8. Have you ever had a Business License or ftrgistratian revoked, suspended nr tancelied far any reason? L~ yes ts~No 1C Yes. please explain: (Use additional pages if necessary] ff \\ 9. Are you how or have you been engaged in any Business as a Parrncr or Corporate Owner? Yes p No if es, lease list fermis namrJs and officers of each ca Oration {Use additional a es if nece:ssa ) / r ,{~ ' U. t,ive Ealt:rtaintnetlC Applications t)tt1y: tailed 'Desc lion oft a Entettainmen€: R 3 ~ .~3 iS'C~ ~~L....~.~ c Lrxatian of Entertainment Hnw rtsatsy people wii3 be engage .~ Adrnissian Pee in the etxtcrtainrnent? i1 -- y u L ~.• u U ~ ` ~ (~.,i •, !~ ~- ; t 5 l ~ J t RESt~I;NCES 'List Add ress far the east tr ~e ears with current at the to 1. P~m ~ ~ ~ "'~' ~ f2~ C Address '!t--.-~r' ~Y 4 t~3r..~t1 j&~/~ C. i ~ Zip . .. n- ` < ~ r ~ t '") LendisJrd Address ?hone Iva. 2. Fr i ~'~ Q ~ Address ~~1~ ~ 1 1 k ~i ~ ~VJ lL ~= --'~` 2i p C.,and3ard _ ~ u - ' t""L Gf~- Address Phone No. ~ F'rc`rrI Io ~ Address zip l».andlard ".`".µ.~ Address Phone Na. 4, f=rom To Address zip Land lflrd ,4ddress Phone No. S.l=rom To Address zip t.~ndlord Address Phottc Nfl- EM~LOYME NT flR BiJ SII~ESS H1<S'OR'ir {List ~~ foyers far the last five nears with current at the to l- Frnrt'" _ -- ' ~~ ' ~4 f1 r' ~ ~ ~,~ Address I ~ ~ c: ~ i ~ ~' f Ir~ C ..7.. I'~ is ~~ ' t ~~ ~,~ s r ~ ~' ~~-.~ SupBrvisa - ,,. ~ ~i , 2 Frarrw ~ C{ r~ ~ ~.) Address ~ ~ !~ . / Sup i~ 3. From To ~ Address t Supervisor 4. From Ta Address Supervisor 5 From To Address Supervisor f Certify tlxat the above ir:formatian is true artd correct, Signed: ~~~ ~ 4-s ~ ./ { OF ~ E tJSE Oli'LY ~ s+ ' ~ F~~ Y ReGt~reuzaend tk~is Re tstzationlPczrnit be ^ Granted ~j~7er€ted Entry Pt'ogratn --Guest will enter through tie SaufhJwest front darer marked "R" on TJiagram. Gaest will tine up to the left of tfae walkway by the char if needed, pot blocicang front dacar. Security will be s#acadmg at Etas door and ciaorman will tae placed inside bacafh cheicking and scannizag id's far proper entry. There are two metal detectors as you enter to secure our Patrons safety at all times. Parking and Loading - Attached "B" is a parking tat diagram slaavving i^ excess of St}fl parking spaces available. Loading far liva bands and Entertainers can he done thxYaugh flee Nartla. char as tti not itater€'~:re with patron entry ar custatner seating. 8ectatity - Each raiglat will bane rninimauu of 4 security guards and increasing as needed to irasttre proper age regaiirements as welt as safety. Thay are fo secure tae esavixonrnent inside and in floe parking tat of the establishment. Security will be responsible for dcaoe cc7a~trol. arad to rnaisatain a safe entry and ea;.if points along with ladies and men's resiroams. They are to be ran the lank out fear l~havior of guests and safe entry arad exit from. our premise. Clean. Up - During the night the premise will be periodically checlred trs make sure any and al.l. trash is packed up anti disposed of properly. Af floe close of every night staff will make a full sweep o#'tlae parking tat to insure the I€at is being left clean.. Noise Control - Tlae premise was built far Mghtl Club Enfertainzraetat, however, doors will be kepi ctased fa keep noise level. try the inside of the premise only. ,~ ~~~~? t ~r ~ ~-f ' _~ ~ r ~ ~ ~ ~ ,~ n f ~ ~ ~ ~ ~. i ~ ~ ~ ~ ~ W ~ - r ~^'`J~) 1 S 3 ~j S~ ~ / ~~ ~ ~ ~/ ~ W GG~ ~~ ~ ~ ~ ~ ~ ~~i . ~ j ~ r4J~~ ~s~ ~-- J1y~ waa{~ ~ FY~ J 3~~ 4 i'~~-..SY d ~ ~`~ ~~~ C.l .,,_, Beii i3eii Furnfiure i'umiture O ~.~..~ ~..~ m .yw,l W l1niE C Endless Unit E Available Summer Available EASE CAC2Q!_IhIA STET '' '~ u: i : ~ ,-` t ~. ~.~ f ,~, ~~ y! ~ oit~~ ,:=,n,e - ~y ~~ `. 1 "~ v tC ~ .~, ow;{+ ~~ wuiwuuuiuw~ art ~uic Fumitufs Cl~.tl1 lh~i# B Un€t C Available Avai3able y ~h r ~ iiA tit ~~~ E1r~tf G Available ~113~ ~} Avaiiai3le Emit C Ava~lai~ie PR~rn~ ses • let i I ~~ ~7,~-, w:iE1~P~il'A6.-#~t1 R~T'Et,-,I THIS FdRhA T0: ~ ~ CITY €,~ERK, P.O. $iZX I3t8 PL~~r~~ F~ ~~~r~ P~~~r 3RD NORTH "L]" STF2EET SAP~f B~RNARC~iNQ, CALIFC3RNIA 82482 "" ~~~i8~3t@i' ~.~~, S..M.C,~ T'=LE:FHC)NE: (sD9} 384-5302 ) OR: 384-5835 A00011N?Nq, CLASS TYPE t1EW -,.._ 'RENE4UAL... 111.1&EEfSEi1PfLY u..' C_ L-- ~~ ~`~--•' rj a CfTYHALL PE3?SQNRL INFpRMATI{1N {Type ar Prin! in ink) . _, Date submit[ad: Name ~ / ~ j] i ] ` ~~ ~ ~ ~ ~ ~ Pharle 1. j,.,! ~ ~~ ,~ f~ (j ~' Gr~ver's Licence Na~ _ State rs• G.: New .~,~ RenewaI `~` "^~' v ` BIJSISiE55 Li C. FAQ', ,~ Add S }{ n /y~ _ j'~7 ry /+-~- /C,'ltjy 4 ~} ~ ~ sp {.~tJ 1Y U 1 i11~~ ~F Q. f C [ G- ~ ~. V ~-f ~ ~•-r'4 1V ~h ~ i 1 1 rhy N ~~""~~ ~ -~ ..... L~ ~ iJ aY €nv851, rkt $ Da Se pf ~~irFl1 PlaCk of $YYth A ov a IJ,$. Ir4[I2en7 1„en Lh Of H'lsidenae rn'. ~ Yes C' No Louncy ~. ~ - ' ~l~u i ~t ~ C.IY Tntai: S , , I'iBVC you ev¢r been tpund guiEty Dr plead gullly fC any 4r1[T'!QE , NO [,i Ve5 Elf yC5 )JlBafe aXp)aln. FXC')fj(7le mrn3Y fieffic pf}end'aSJ ReCei pt Np. ....... Hate U eYer JSea` enoltiEr natr[E? t( yeS -- P{ee6e llSi the na[1'IaS ~y. NO ~ YPS PRIpR R~5IUENCE ABURFSS POLICE DEPARTMENT F To r-y['~ Addresz ~ ~ I ~T~ ~l/i~" ~ ~L' %`,.f~T R 4~ A_ § C..~~• ~ ~~ ~tp tate Landlord Address Phanc Nc. p, Nn. _.. EMFLOYNiEt~T OR BllSINESS HISTORY {Lasr twa ernplaysrs) sy ~~ !, From ITo Nama of 6usirtes6 Address ' Phone ~ ^I Supervis 2.~Frp~~~.'. ,. ~il;.. Name of $uslness Address. phone 5upkrVisor ~i ~ - BUSlt3f&5 EHFCtRMATION Nam BU mess EDBAI r fl ~~ ~~~ T o 6usi ass Permit 51 ~ ~I ~ ~ ~~ ~~ Lava n €~;fstes~„E,SrreetAddressi _ ~Q ~ ~ ~ F ~ ~ ~ ~ ~ •n ~ ~ ~ 8iisiness Phone No. - ~_ Square faa[age of 6usinats pr2mis F.~ f t ~ '~ 5 ~/`'] / , Maitmg 7+.tfdress ~ ~ ~ ~~b ~ "~ ~,~',.,~ C~7 ~~ I AHC License Na. ~~7 ~..~.~ L_ LL~..C~;,,~r'l o •'1 C`Z ~~ F1 4 I ~J ~ gNSALE OFF SALE FaRN! 01= $U$INES$ G' Individual ParinersYtip E7 Catporation ~ Names arto adtlreSSas 01 parinerZ pr Cflrppr8f.ot: 4f(iCarS: U5F edditiOnaf pagc5lf nCCe35afy1 } ~ r~ r ~~V~r'k 4./ l~i•1 ~./\ f~V1a~Y~ r i. / __.t -f ~ ane; l/. I ~~ ~ '~ ~~ y ~~ ^''~~ (''~ ^~,, (~ ~^ y~ (~ !'~ 1~ _ ~f..~'. 1 ~S's`E~ •+-W ~'[L..- ° ~ ~ T`l~ ~ ~{ I ~ ~.1~~{"'S~ Y`1 ~i b _ l E „~~,,, L. (,~ X11''} [/~~ { Lil~'"r § ~ ~ Phone; ~ ~~ ~ `~~ r / ^ ~ ` - {~. ~ ~ -- , , f V ? plan to start ausEness ^n ~€I he operating {Days pf'tha wekk! h Setwern the hgt1; 5 of_~i "" ~ and ~~' t~ V 4"`~ y--- ~,~„_€. _. 1UanagerlSupervi nr Name s ~ ~ ~ f ~ ~~ ( ~ f Hsve you Qver hatl a 6usinass license ravcyked, suspended or cancelled for any reason? ~ Yes 4Y Nq if vas, p{ease explain (Else addltronal pagan if netassary) !o. Are you t+oW ar have you ever [seen engaged In ant i7usiness as a partner pr corppraie ownerd Yes Cf Nq If vas ,please list tirmis namefs and officers a( ea nrp4ration, (Use ad i[fonal pages if necessary - PLEASE REAP AND S€GN: I DFCLAFE, UNDER TFI£ PENALTY DF pEAJURY. THAT TH15 APPL3CA71gN HAS BEEN EXAAri1NEf~ 8Y ME AN' Tq TN£ 9£S70F Wit KNpWLEDGE ANO fiELIEF iS A TRUE, CORF£CT AND CpiviPLE7E STATEMENT Of FACTS. ! t#Np@ASTAfs€D FALS€FICATlQN GF RNY STATEMENT MAV }TE T ' 1N THE DENIAL OF AN gPERAT6R S PERMIT. e 1.. ~ /(^j ~~ PrihF t`W[nC Fte C q ~ y igna[Ura InVkSYf ~y; 5 . D t~ 10 6 ~ I F2Can'lntend Efr1S iICe3Y$e/permit de ~ Granted ~ nled ~ ~ ~ _ ~~ ~ ~~ ~ CsRAt17 ~ SLIS,TEC E6 FgFt A LIFRiTED TIhA~ ONL Y, TEN€PDRARY T TO CCNDIT€flNS qN ATTACH£q OLJCi1MENT CH€EF qF PCSI~ICE OF Ff£ C17Y 4F 5AN B~RPfAR ND Page a{ :~ t ~ ~~' ~~~ ~~~~~~ ~PPLIC~TIC)N FQR BUSINESS REGI~TRAT~~I~ ®R PERMIT o~~lrc~ use ®~rL~ ' ~C~~~K ALL THAT APPLY) (FACE PA'~',YE~} ` ` ~ ~ Pt)LICE'DEPARTMENT Dime and Dance ©Theater CI Solicitation ^ Speciak Q~'ficer Date .. :.. ^ Massage Partor ^ Artrtared Car ^ City Ma11 ^ School Errrployee i°`"s ~I:D. Na- _ - .~ GameslAtnusement ^ Guard Service Burglar Alarm ~ Taxi I3river Print/l'hata Fee: S ~] Live Entertainment ^ Det. Agency ^ Poiice App. ^ Ambulartce Driver C?ther Fee: ~ ^ Poolroom ^ Private Patrnk D Police Reserve ^ Valley College Tatak Fees: ~ ['Restaurant 1~' ABC License ~ Security Guard ^ IVlassage Tech. Receipt No. _ _ ^ Pat'ade Pern2it (Lt3catir~n) ^ Weapon Permit l3y_ ©ther CITY HALL ~P~~:RAL I1~FflRMATIC3N a ~r ;riot in ink Date Submitted: a ` i PhotEC ~ ~ S J ~ ~ " D 1~lew ©Rerterval $ i R F f v r --~ Hama Address zip ~~ ~ ~ ~' (C.jl.t.> n SC? ~ L~ C-`r~.~- airy n L~1. ~ ~ .t t C: ~'~ ~ ~ us rieSS eg. ee: $ Invest. Fee. ~ . T l , , ., iaeetxpalEOn l mplayer ota : $ ti, ,,,-.." CJ ~ ~ ~ ~ ~ ~~ (..ti ~ l~ t.~-~~~ t iZ.CCet~t ~4 Wprk f0.ddress Zip Yhane ~ G~ ~ . ©au: of Birth Place nfi Birth ~ you a U.S. Citizen? Length of Ttesidcn ~'" "~~ ~ ~~~~7~;'~w7. i l~r~pr~~ ~~ s Yes f~~io CnEmty~~ ca in ''~~ = Caty e A e ~§~`~(JF'~ WyyeirrgiE.t~t. C{ololr of eyes C (o~lo,Yryaf I-iair Complexion l~latianakity ' ~p ~ `.' ~ u .J L5- 4 V+. ~.. Y3 ~L. ~ E ,, ~~ j ~ ~ ~ . f . .. ~ ~c w.-C, ~ ~ s I3river's License Na. State Social Security i+io. Scars, Masks, Tattoos ~1eri`` Hof Kin Relationshi M r~ ; ___,'L ~ C~'l.~%t ~~1.Gt, ~1 ~ Address `~~(.~ ~' t C~ lf:,:, : t ~ ~.•~ rfr [°_ ~ , Have you ever been found guilty ar plead guilty to any crime? hla ©Yes (if yes explain " lrxelucie Minor Traffic of'fcrsses) eve you ever used another name? lf~yes, please list the names >~O ©YES I.EA,.SL READ Al~lI7 SIG , i CI~RTIIt Y 'FkIAT Ai.I.. :ATEMEI~tTS 31Y 'I`KIS APPLiCAT'IC3Pi A3Lkw TR~JE, ACCUIxA'i'E ANll CC?MPLETE A2VI? ACK1S'DWLi:DGE , TFI1i'I' FALSI)FYCATI ` E3F ACd1' S'l:'ATEMEtYT MAY itESC3L'i' il~t 'E'IIE CAIYCEi..I.ATIOPi ©F'I'1~t8 AI'PLICATIt'~Tt Signature: ~. Date: ~ ~tJ` ~' , i~ ~F' R~`~~~ ^€ ~', (Business Registration ~a,pplicants Only) l~kartre Address '~ ~" 1 ~ u(J/~-~`l ~~J (~,/~ i ~..~" ~ ~ ~) J 4,..st ~ .,~ r '- ~ t7 ~-Yr tt ~ >~ Phone ~l~c~ Bus slPrafe ipn Address ~~ Phon~ ~ ~ .~ L Yearsr;~ l`~e ~ ~- `-t ~ Address '"." ~,~' `'~f'~~ ~ ~~~~ PhA e F~ qq $us3ne~aSip~ f star /ti~ r ~ Address I ~~ ~/{ 7 ~ G~ Ph~rtC ~j ~ (~ l~ Yes awr, ~ ~ ~ 1 ~ ~~ i~f a B tritrs .safe ion Address (~.,,Z ' ~ ~A`~ € 1- f , !c. ~, ~l Phone s '~ ~ ~ ~~ ~ c 1=t ~ ' ' ~ ~' ~ Years Kn wn 1 ~ : , ~ a Tr ' ItEV15En atroral nt . i ' w r' ~ ~ CfT'Y CAF SAN ~ERhf ARDI3~tCD ~~~~it:sS REGTSTR.ATIONIPERMIT SUf'PLEM~,~. F 4 #~ama of App~;icant 2 gyp , of usiness ar Perrrtit ,.t pate L~G~.. ~i~.,.; i ~ ~ jn ~ 7'l..~Gt~`l u e 'Gt.s d`t~ u~~' OC>C~ ~~L.c~ ~ ~ l .rR ! -C~f -~~ 3. Proposed Name of Bsasincss (D.8_A. a. Address ~~ ~ ~ . ~ >~ „ j ; -t c~ ~- , r~_ 5. Phone Na. NYC' C l ~ tr L t.i..=$ [LG ' :,'~ ~~' +' `• ~ !y ~`# Lit G~ i Z ~ Li-} ~~(~'c, ~. Clwner aF Busincu {i.c. pcrsar}lfimrt1in estmrntltnc.} 7. Address "~~ („: ~ T ~ w '~ 5 t n ~ [_ ; S. Pitons N . I 7 I plant ~astan Bu€cness ar (pate) 'L~ ~~~ UO 1 wilt be optrating (l)ays of the Week) `~ ~~ :l-;E S .„ ~~ € C' ~ Betwecrs the hours of `~ ~ 1 iE and 'i D ' t ~ ~~ _.. "-~ Managerl5upervisar Name: U"l ~l ~ fa.~t ~~ ~..~ ~,•,! rr~ z. ~7 &. Nave you ever hatl a Business License ar Registration revoked, suspended ar cancelled nor any rcasan? ^ Yes ~Na ff yes. please explain: (Liss additional pages if necessary) 9. Are you now pr have yoe~ been rngaged in any $usiness as a Partner or Corporate Owner? Yes ~s~ lease list firmrs nasnels and officers oCeach eoroaratinn. (l.ke additinnat noses if neces.carvl 1fl. Live Entertaiprnent Applications Ori1y: Detailed De€eription of the Entertainment; I} F. ~ ~. ~ ~ .. ~...., e~..7 .7 . ~ t l fl ! f 1 Location of Enteriainment Haw many people cvilf be engage ~ mss'"' m. Adrnis ion Fee '~~~ ~ ~.. ~ ~~ ~ ~ 4 ~ ~ ~-~ , Ca ` ~~~ j~ "' in the enlertainmcnt? ' ~'~ r f~"~ aJ , b D~ S i ~ ~ .~(~ ; RE~2Y3ENCES Last Address for the last eve eatrs wikh~ cutrrent at the to i .From To Addres€ !~~" Co i bw .a ~,'i ~ C--r- ~ ~ 3 G zip ~a~~~ ~~~srr.x~' r-~cl~~ ~c.:~.~ on c CX~ 1 t ~~ f I.andiord Address Phone Na. 2. ~ea To Address ~"1;~ 1 ~, . ~~.t 't~~ ~, i^~: i.C ~... .:~ "(" Zip LancSicrd Address Phone Na. 3, t=ram 7a ~ Address Z¢p ' ---'"-' Yhonc Na. ~. Frvm. Ta Address Zig Land Surd Address Phatze Na. S' 1=rnTf1 TD Addre55 Zip Landlord Address Phone Na. E~~'~.C~'~MENT OR BUS€NESS ~iISTORX ist Ern Ln ens fir the Iask five ears wi4h current at khe fu Dram -~ v ~o (L --~" r ~ se ~ Address ~~ C~ p h- ~,;-Tc~ . C ~ ~ ~j r~ i Supervisor ~, t ~, ~ ~t ~ Ce i ~ From Ta Address ., . Supervisor 3. From Ta Address Supervisor ~'~. from Ta Address Supervisor ~ 5. From Ta Address f Supervisor 1 Cer4i(y chat the xhove ipformat[oec is true and cnrrecf. Stgncd~~~ ' C7FF'CCE L1S~ QNLY i~t+ssti ~c~tFby Dat 3 ti... ~~~~ ~ ~ ~ ~ , ~4 ~ i Recammand this RegistratianlPermit be L7 Granted ~~nsed ~.,. EIoITERTAi~INIENT PE~IVIIT C~>~~l~~T;EC~1.l'S Re: X95 E. Carmine St., Sure ~ San ~3ernard~na, CA The licensee shall be resp©nsible for the pasting of signs prohibiting litter and loitering at tl~e exterior of the business and in adjacent parldr~g areas. The licensee and its management shall be responsible for enforcing this and ~naintair-ing the area free from litter and graffiti, The exterior of the business and adjacent parkzng areas shall be cleared caf litter at the close of each business day. Any graffiti marked upon the prerr~ises or any adjacent area under the control of the licensee shall be removed within 48 hours. 2. The parking Int anti exterior of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance ar~d conduct of all persons an or about the parking lot or businesses exterior areas. Additionally, the position of such lighting shall oat disturb the normal privacy and use of any neighboring residences. ~. If public telephones are installed on the premises, they shall be installed inside the business and programmed fc~r outgoing calls only. 4. No alcoholic beverages shall be consumed on any property adjacent to the licensed prersaises under the control of the licensee. No alcoholic beverages shall he consumed. along the exterior of the business, in any parking area, or on any adjacent City Street or alleyway, Noise and amplified s©uzzd shall be kept to a minimurs~. Noise and/or amplified sound shall NOT be audible to the exterior of the business at ax~y tune. Noise and amplified. scaund from the licensed business shall not be audible from witEtin any attached business. 6. Na therrie or promotional nights in which the majority of the music consists of Itip-hop, techno/fusion nr rap music are allowed at any time. 7. Professionally printed signs with minimum dimension of 24" x 24" shall be posted at the entry way, prohibiting any person from entering the premises with any weap©ns, gang identification such as, but not limited ta, gang tattoos, gang clothing or gang headgear, Such signs shall also prohibit the use of gang signs or gang walking. Security and staff shall enforce compliance with this provision at all times. S. Licensee must comply with all City building, fire, zoning and health regulations. 9. 1.Tpon demand, ~~nake available to any police official the current names and addresses of RL.SIjs [Toxic Ni~tclub1295E.CaroUna.Conditions-z;ntertainrnertt.Perriij persons who are in the management or operation of the business. 10. No business is to be conducted an the prerr~ises after 2:00 a.m. 11, Nc~n errzployees are prohibited from being inside the business after 2:00 a.m. I2. Security guards shall be required at all tunes. Security guards shall be present both inside the business, and in all parking areas that are utilized by the licensee. Security staffing shall be utilized in a manner that provides one security guard per every I0f1 patrons inside the business, and a minimum of two security guards in the parking areas at anytime. Security guards will be responsible far ensuring a safe and conducive environment inside the business, maintaining door control to insure proper age requirerr~ents and to maintain appropriate patron capacity, security around restroorns, to ensure safe entry and exit paints, and to provide security in the parking areas. 1.3. Applicant shall provide a copy of these conditions to all security personnel and all sec~irity personnel shall be familiar with the conditions contained herein. 14. The applicants shall be responsible for reirnburserner~t casts to the City of San $err~ardino for "extraordinary"police services on their premises. E~ctraordinary police services are those defined under San Bernardino Municipal Code ~5.82.f}1.0. 15. If alcoholic beverages are served, the qua~~:exly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times rr~aintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be Dept no less frequently than on a quarterly basis and snail 13e made available to the department an demand. 16, If alcoholic beverages are served, the sale of alcoholic beverages for consuanption off the premises shall be prohibited. I7. Na dollar drink nights or any other drink promotion that would reduce the price of any alcoholic beverage below X3.00 per drink are allowed on Friday ar Saturday evenings. 18. If alcoholic beverages are served, sales, services, and consurnptron of alcoholic beverages shall be permitted only betvveen tlxe hours of 11:OC} a.m. until 1:30 a.rn, each day of the week. Last call far service of alcoholic beverages shaiI be at 1:Q0 a.rn. All alcohol shall be removed frr~rr~ serving area at I:30 a.zra. 1'f the quantity Bross sales of food do not exceed the quantity gross sales of alcohol, then the sales, service and consu~nptian of alcoholic beverages shall be permitted only between the hours of 5:00 p.m. anal I I:00 p.rn. each day of the weep. These hours shall remain in effect for at least the next quarter of the year and until gross sales of food exceed the gross sales of alcoholic beverages. RLS/js ;29~~.Caroiine.Coadittonsj ~ 19. petitioner{s) shall not require an admission charge or a cover charge to enter the restaurant, nor shall there be a requirement to purchase a minimum number of drinl<.s. In addition, restaurant customers shall not be charged an admission charge or cover charge to enter the rest of the premises. 20. Business activities shall not have a negative impact on the operation of neighboring businesses. We have read all of the terns and conditions outlined above ar3d agree to each of therm. We understand that failure to cozx~ply with the conditions may result in immediate revocation pr~tceedings andfar denial of issuance of future Enter this establi siarner~t. ~ ~. Dated; ~ , ~ ,~ C~' ; ( ~,; Dated: ~.% ~ ~~~ r ,/ Dated: ~ ~ ~ "~ RI.SIjs j295E.Caroiine.Conditiorss] Rajae araur OPERATOR'S PEI~IT C~ND~"lf"IDNS Re: 29S E. Cart~line St., Suits ~ San Ber~~ardinc-, CA The. licensee shall be responsible far the posting of si gns prohibiting litter and loitering at the exterior of the business and in adjacent parking areas. The licensee and its rrianage~nent shall be responsible for enforcing this and maintaining the area free from litter ar~d graffiti. The exterior of the business and adjacent parking areas shall be cleared of litter at the claw of each business day. Any graffiti marked upon the premises or any adjacent area under the control of the licensee shall be removed within ~8 hours. The parking lot and exterior of the premises shall be equipped with lighting of sufficient power to illumi.natc and make easily discernible the appearance and conduct of all persons on ar about the parking lot ar businesses exterior areas, Additionally, the position of s~.ch lighting shall not. disturb the normal privacy and u.se of any neighboring residences, If public telephones are installed on the premises, they shall be installed inside the business and programmed for outgoing calls only. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. No alcoholic beverages shall be cansu~ned along the exterior of the business, in any parking area, or on any adjacent City Street nr alleyway. Noise and amplified sound shall lie Dept to a minimum. Noise and/or amplified sound shall N4T be audible to the exterior of the business at any time. Noise and amplified sound from the licensed business shall not be audible- from within any attached business. Na theme or promotional nights in which the majority of the music consists of hip-hop, techno/fusion ar rap music are allowed at any time. Professionally printed signs with rr~inimurri dimension of 20" x 2~" shall be posted at the entry way, prohibiting any person from entering the prerrxises with any weapons, gang identification such as, but not limited to, gang tattoos, gang clothing ar gang headgear. Such signs shall also prohibit the use of gang signs or gang walling. Security and staff shall en=force compliance with this provision at all times. Licensee must comply with all City building, fire, zoning and health regulations. 9, Upon demand, make available to any police official the current Haines and addresses of RL$Ii=_ ~'"€'n~c Nightciu6l295E.CazoGne.Condition&-pperator's.Pcrmit] persons who are in the management or operation of the business. 10. No business is t.a be conducted an the premtises after ?:00 a.m. l 1. Non employees are prohibited from being inside the business after 2:00 a.rn. 12, Security guards shall be required at all ties. Security guards shall be present both inside the business, and in all parking areas that are utilized by the licensee. Security staffing shall. be utilized in a manner that provides one security guard per every 1fl0 patrons inside the business, and a minimum of two sec~zrity guards in tlZe panting areas at anytirtte. Security g~€ards will. be responsible far ensuring a safe and. conducive environment inside rite business, rr~aintaining door control to insure proper age requirements and to maintain appropriate patron capacity, security around restraorsts, to ensure safe entry and exit points, and to pro~~ide security in rite parking areas. I3, Applicant shall pxovide a copy cif these conditions to all security personnel and all security personnel shall be familiar with the conditions contained herein. 14. The applicants shall be responsible for reimbursement costs to the City of San 13ernardina for "Extraordinary" paliceservices an their prezxxises. Extraordinary police services are those defined under San Bernardino Municipal Code §8.82.01.0. 15. Tf alcoholic beverages are served., the quarterly gross sales of alcoholic beverages shall not exceed the grass sales of food during the same period. -The. licensee shall at all tunes maintain records which reflect separately the gross sales of Toad and the gross sales of alcoltoiic beverages of the licensed business. Said records shall be lept no less frequently than on a quarterly basis and shall be made available to tine department on demand. 15. If alcoholic beverages are served, tite sale of alcoholic beverages far consumption off the premises shall lie prohibited. 17. No dollar drink nights or any outer drink prorrzotion that would reduce the price of any alcoholic beverage below $3.00 per drink are allowed nn Friday or Saturday evenings. I$. if alcoholic beverages are served, sales, services, and consumption of alcoholic beverages shall be permitted only between the itaurs of 11:00 a.m. until I :30 a.m. each day of the week. Last call far service of alcoholic beverag~;s shall be at 1:t10 a.m. All alcalh€~l shall be reanoved from serving area at 1:30 a.m. Zf the quantity gross sales of food do not exceed the quantity grass sales of alcaltal, then fire sales, service and consumption of alcoholic beverages shall be permitted only between rite hours of 5:00 p.rrt. and 11:00 p.m. each day of the week. These boars shall remain ire effect for at Ieast the next quarter of the year and until grass sales of food exceed the gross sales of alcoholic beverages. RL51js [245E.CaroIine.Canciitians; 19, Petitioner(s) shall not require an admission charge ar a cover charge to enter the restaurant, nt~r shall there be a requirement to pureha~e a minimum number of drinks. In addition, restaurant customers shall not be charged are admission charge or cover charge to enter the rest of the prerraises. ?0. Business activities shall not have a negative impact on the operation of neighboring businesses, ~Ve have read all cif the terms and conditions out]ined above and agree try each ©f them. ~e understand that failure to comply with the corxditions may result in immediate revocation proceedings andlor denial. of issuance of future Entertainment P-znits or Operator Permits far this establishment. ~~ Bated; ~ ~, ~ ~"""`~ Mich el David 3y (t Dated: ~ ~ ~~ '' ,' ~~,~ ~ ~ ~ ~ ~- Dated: ~ I r. Raja arour ., ~tLSljs ~29SE,Caeotine.Cnndiiions] ~ GAMES OF AMUSEME?~~' C+C~I~I3~TIC~h~S lie: X95 E. Caroline St~, Suite ~i San Sernardirtr~, CA 1. The licensee shall. be responsible far the posting of signs prohibiting litter and loitering at the exterior of the business and in adjacent parking areas. The licensee and its management shall be responsible far enforcing this and maintaining the area free from litter and graffiti. The exterior of the business and adjacent parking areas shall be cleared of litter at the claw of each business day. Any graffiti marked. upon the premises ar any adjacent area under the control of the licensee shall be removed within 48 hours, The parking lot and exterior of the premises shall be equipped with lighting of sufficient power to i.llun~inate and make easily discernible the appearance and conduct of all persons an ar about the parking lot or businesses exterior areas. Additionally, the pasitic~r~ of such lighting shall not disturb the normal privacy and use of any neighboring residences. 3. If public telephones are installed on the premises, they shall be installed inside the business and pragramrned far outgoing calls an1y. 4. No alcoholic beverages shall be consumed an any property adjac~;nt to the licensed premises under the contra] of the licensee. No alcoholic beverages shall be cansurned along the exterior of the business, in any parking area, or an any adjacent City Street ar alleyway. ~e have read all of the terms and conditions autli~zed above and agree to each of them. We understand that failure to comply with the conditions may result in i~n~nediate revocation proceedings and{or denial of issuance of future Entertainment Permits ar Operator Ferznits for this establishment. Dated; ~ t~"'' ~. ~ Dated: ~ ~ ` ~~ r~ Dated: ~ ~ ~ ~ Rajae araur RLSljs ~Taxic NighccinU1295E.Ctualine.Coaditions•Games.PerGrit) ~xh~b;} ~ a _.: ~- U f ~' r~ a~ 0 ra~,c 1 v~ ~ tT1tfUVC fft,:KGi~: CLtil:tfii`uG f U1,iI t,,.tUV dffL2 1tdVC 1f~:KCt,4' Vfiflf7C ~~ Doors Qpen eta 8:DD PM Dears Cfosa at. 4:Q0 AM Ages: AIi Ages ., ?~veryt Caps~citys 4000f 'Fhe Htlcison"Theater Z95 E Caroline Ave San Berrradino, CA 92408 t}nlted 5t:ates '~. map it THERE TS A X2.31 NOPEREFUNf3AT3LE SERVICE Ct•€ARGE PE3t TICKET C+RDEREO, DclivecY [~etnod PLEASE SELEC'E' A DELIVERY f~ETHQD. DEf..YVERY FEES ARE FtC3NREFUh[CtA~f-.E. EXPRESS • $~q.5q - (del'€very requires a signature, Adiow up to 3 business days for delivery. Continental U.S. residents anYy. Tickets wll# be delivered to the bilfing address of €he credit card. Express will nai be available for this event after 3124!2003. PRIt3FtI7Y • ~10,6q - Delivery requires a slgnature. Allow up to 5 business days for delivery. Continental U.B. _,i residents only, Tickets will be delivered to the billing address of the credit card, Prior"sty will not ba available far this event after 3f21/2009. FtRBT CLASS - X7.25 - I~elivary requires a signature, Ailnw up to 10 business days for delivery. Continental U.S. residents only. Tickets wilt be de€ivered to the billing address of the creelit card. First Cfass will not be available for this event after 311312a0S, WILL CALL -FREE - Ticke#s hetd at the event will call must be picked up on the day of the event by the cardhalder with the ortginat credit card used to purchase the tickets, a state issued picture iD, and fha "e-ticket" receipt, At! flckets rrsust be picked up at the samta Time. e ickt?t Amount EN7"ER THE F~t#f~BER C31" TICKETS YDIf YJt~UL© L3KE Tt7 PURCHASE ~ ~IQ~ X$ a> F AEG L Ui 3 ,~_ ,: Help (Privacy I A~v.Pr#i5e ; ~o6s. i I.:og4~ I WabtT~a_s_ters ~ 2002 Groove "t"ickets. All Rights Reserved. ~P4~/~ M l7fUUYC i IC.:fGGI~: t"Uft.:flCl~G X17111 *.,f[lU iifftf ItQVC i 1l:fiGlp VifiifiC ~~~3°~ r .t'"" ft ,`.-__ es~~~rt~rt~~~vnt ~E. t ~` ~~~ r.aric~ Vim spry y~y F Lxro©ve i lcttels: rurcnas~ r our t..IUD ana rca~e ~ lcxe~s vnllne Rrea 1. Thee Hiest "DJs Hyphy Crunk- The 5pys- D3 Score - iWrick Neutron -Disk Jo Slim - A-Bomb. Area 2; Club Dance * l~Js Paparazzi - Joac}uin - Blpleffingtan - We A.R.E. -Fevers. Area ~: I~#otfse "DJs Reid Sneed -Josh David - George O'Connor - D3 0*Nerorra -Hosted by N!C Whiskey Pete. Area 4: Club Avenue * DJs Ss _. td - jimmy Say - Luv Tek - Addison - F3!Ily Noorlag. Photos and Phooo Booths by: Polite in Public , Oh Snap Kld.com - Glarrterl -Neil Favila -And! -198~f Photo -Caesar Sebastian - Quixotic - Staticka. Info: Join us an Saturday April 4th 2009 as 4 of the biggest arFd most exciting dance clubs in Southern CaEIfarnia unite far one special ALL AGES event. The Heist, Dance, House, and Club Avenue join forces far the first time far ONE NIGHT {)NLY to bring you & THE MASSIVE at The t-iudson Theater and Club Goth,arn in Sari Bernardino. Your favorite superstar DJs from ail your favorite clubs will be rocking 4 ronrrrs hiled with cancert sound and lighting, phnta booths, raarning photographers, merchandise, and SQDt3 amazing party people. This Is truly an event of massive proportions created }ust for you! This event will be unlike anything you have ever experienced.. Sn grab your friends and get your pre sale tickets early because this event will sell out! We will see you and all your Friends an April 4th 2009 at 4 THE MASSIVEI!i1 Doers Open aY: 8:D0 PM Dgnrs Glow at: 4:00 RM WIEt Gall far Ticket Ptck-up Closes at: 4:00 AM Ages; All 4ges Eveni CapacEy: 50(?0 1`t~~'Hudsnn Theatre-and Gotham 295 E. Caroline Street San Bernardino, CA 92408 map it TF-IERE IS A $2.46 t~iONfifFUNDABLE SERViGE CFtARGE PER TTCICEI" ORAEFtEE7. C3r:*iiv~ry E`vi~:tl~c~Ct PLEASE SELECT A C1EL3VEFtY METHOD. DEL~V£RY FEES FIRE NC1l1[REFUNOABLE. ;=XPi~E85 - $20,SD -Delivery requires a signature. Allow up to 3 business days for delivery. Continental U.S, residents only. Tickets will be delivered to the billing address of the credit card. Express will oat be available far this event after 3!3'i 12009, PRIORITY - $3.0.60 -Delivery requires a signature. Allow up to 5 business days for delivery. Coniinentai 13.5. residents only. Tickets will be delivered to the billing address ai the credit card. Priority will not be available for this event after 312tI12048. F1R5T CLRSS • $7,25 - Delivery requires a signature. RIIow up to tD business days Por delivery, Continental U.S. ' residents only, Tickets will be dativared to the billing address of the credii card. first Class wit! not be available far this event after 312012pD9. WILL CALL - FKEE • Tickets held at the event wlEl cal3 must be picked upon the day of the event by the cardho#dar wfth the original credit card used to purchase the tiokets, a state issued picture IE~, and the "e-ticket" receipt. A!I tSCkets must be picked up at the same time, i rrknt Rr'nc~u?Z'. ENTER THE NUMBER C3F TICKETS YDU WOULD LIKE TCS P'ttRCHASE NBXt » rasre ~+ ~I ~+ Help I Priy~gY.1 Adveri~se ~ Jobs j Lagos ~ Webmas%ers '~ ~ ~ ~, 2002 Groove Tiakets. Ali Rights Reserved. E Y-.,~ ~ ' uruttvc i tc:xc~~. rutt;ttaac t uut t..tuu situ t~avc t t~xc~5 vttttatc I'ii~'G L tli .7 ,--~ ~ ~'hc ~~°~c~~ac~r~s o~ tE~c t~an~~ ~~s~~vai, ~~~~~ ~~~~c~~ '~a~ic~ ~.l~~~~ ~~~ ~ I ~ ~ ~ ,; 1 w t`: ~ ',; ~ ~ ~r~ gin.. ".~`&'~.;. 3 a~www~.'"'~'~., '_ ~+ w~~~~ ... :~~- ~. ~~~ 11+~~n 1 iCll~)~.)~~~) (~ +-~>C~cavC .ttcjxcL~: ruit.:lla~C x c)ut +v.tutJ iurL[ iCix.vc 1 tt;itG3.~ vitiitiC r~~c~~i3 In>so I.Ine:909-354-8874 Il 310-774-3324 Do+3rs Open at: 6:OQ PM boors Clr~se at: 5;€1C AM thiiEl Call Par~'icket Pick-up Closes at: 4:D0 PM Ages: All Ages Eternem(ver fie bring: Bring all your friends, }ove and good vibes anti leave yts{3r worries befiind. ~7on't `crget your money far `oo Items not atEnwed. putside t7rinks, Food, Drama, 13ad vibes, h':arkers, Gang Afire, Weapons, Video Cameras, C}pen Cigarettes o Event Caisacifiy: open The Hudson'Fl~eater (RAIN OR SI~4INE) 295 E Caraline 5t San Bernardino, CA 92448 United States 7'FfERE IS A $2.31 NL7N}tEFEIIVE]AB~E SERVICE CHARGE PER TTCK£T f3FtDERi=[7. PLEASE SELECT A RELIVE=RY MCTHOD. 17LLIV!"RY FEES ARE NONFiEFt~NDABLE. EXPRI=S5 - ~2p.5D - peiivery requires a signature. A€law up to 3 business days for delivery. CnnfinentaE U.S. residents only. Tickets wilt be delivered to trie billing address of the credit card, Express will not be available for !his event after 811812009. PRIpF21TY - ~J.(3.&U - Delivery requires a signature. Rltaw up to 5 business days for delivery. Continental U.5. residents aniy. Tickets wlli be delivered in tt3e biifing address of tl~e credit card. Priority will oat 6e available for this event after 8li3f2009. FIRST' CLASS- $7.25 - Defivery requires a signature. Allow up to 10 business days for delivery, Conkinental ll,5. residents aniy. Tickets will be delivered to the bitting adtlress of the credl# card. First Class will nni be available fcsr this event after 875!2009. WILL CALL - FR1=E -Tickets held at the event will calf must be picked up on the day of the event by the cardholder ~? witri the anginal credit caul used to purchase the tickets, a state Ensued picture IE7, and the "e-ticket" receipt. All tickets must be picked up at the same tirne. .fir,IceC ~ma~!nt ENTER THE NUMBER DF TICKETS Yt7U WOULE7 LIKE TO PURCHASE Next >? ~#elP ; Privacy ~ Advertise ~ Jgl~s ~ Logos fi Vilebma~ters ~ 2flfl2 G€nove Tickets, AEI Rights Reserved. -~ ~;~..~,~~;. r ~, ._ t1t i1V VG f. ILnGi~. I W 4k1q.JG i V4C1 t~#fAV d1fU ftdvG t fLri~LA t_1f1kfflG i"'Qb'C L Vf :7 ~~~a~ :~~:~ ~~ C~.~i~•~~~~~EA~~~~~ ~~.~s~E~~~~a~s ~~ ~~C ~~ ~-~~~~ .,,.~,,, ~~ . ~ w,. ,a,~. .o._- _.. ~r'`~ ~~ `; 2 ~~. ,~.;. ~- : ~_ _. , ,~_ .,~ ,~;.,,w,~. ~~~~ ~s ~~ ~ ~ I~ ,. `~ .. w- ""~c~ .,>/ ~ y ,~'°"' w .~iF~~.!°~t~'f+'lEhiP€.I l3;jI'.'`~~lf51.7~l~9t1lIl11 rr;,` ~ ?,-?r. ~. A. ~'} U. ~~~ .'. ~ ~ ~:~ '~ + ~ ~ `~ ~ , .~ ~R, ~.,; ,. ~~~ „- !~.. „~ ~ r .IK` _~1_ - .~~~~ .' . ,~~..,~~~y a r ::~ V1VV VG ,A RGItCi 4J. A~ Lll L1AQJG L ULtA L.ALLV cCAA4t !\GYC 1 ALILG L3 l,J1tiAlAG r~~ ~~ .~,. ,~ ~ . i~~.: ~'° Located @ ~-~~., f~~~~~~~ ~ 29~ ~ Coroiia~ ~~:; San ~e v T~ ., x .. ~- t ~lVUY4 t 1t,;tCCLS: r'I.ifl:llilSC T U!!1 C_..fl2E/ E.(fi.t i'C<iVG f tC:l4GLS tJfilfffC t'~~'C .3 Ul J Info Line:"FBA Boors Opel at: 6 ; QO PM Doors Glow at: 5:06 AM Will Call for Ticket Pick-up Cios~:$ at: I1:0(3 PM Ages: Ali ages Ftemetnber to bring; Good vibes, srniiey faces, clashes (underwear does not: eount),danciri shoes, & your fr€endsl?? i]on't forget Items not afiuwed: Outside Drinks, Food, prams, Lightsabers, Bad vibes, Markers, Gang Afire, Fuzzy Aliens from Mars, Vdeapor Gum and Candy, Edens Capacity: opers TE3A Ti3R TBA, CA TBA United States Th£ERE T5 A X2.31 NQNRPFL1Ni3A~LE SERVI:GE CIiARGE PER T>iCKE7 ORDEREt]. i)eiiv~~a~y Prtrtf~i'trd PLEASE SELECT A OELiVERY tv1ETH01~. DE1..xV£RY F'tiES ARE Nt1f~1REFEiNl~AE3LE. EXPRES& - ~2Q.B(? - CJelivery requires a stgnature. Aiiaw up to 3 business days for delivery. Gantfnantal U.S. . ,~ residents arty. Tickets will be delivered to the biking address of the credit card. Express will nat be aval!able for this avant attar 8!'i 812809. PRIORITY - $10.64 - C~eiivery requires a signature. AlEaw up to 5 t~usinass days for delivery. Continental tJS. residents only. 7ickats wilt be delivered tp the bp3ing address of the credit card. Priority wiI! not be available far this event attar 8I15T2009. FIRST C1,A55 - *~7.2.5 -Delivery requires a signature. Allow up to 1D business days for delivery. Continental U.S. ,? residents only. Tickets will be delivered to the billing address of the credit card. First Class will not be available for this everts after 817120©9. +NiLL GALL- FREE -Tickets held at Fhe event will call must be picked up an tfie day of the event by the cardhntdar ~%; with the original credit card used to purchase the tickets, a state issued picture its, and the "a-ticket" receipt. All tickets must be piokad up at the same tsme. 1"icicet Ar~~ount ENTER TF3E Nil~BEF;; C)F TICKETS Y+7tJ WOEiLCi LIKE TD P[fRGHASE ~IBI Xt ~> r ,. ~ ,. - ~ , Haig ~ Privacy I Advertise I ,cabs. ~ Loggs ~ Wel?rnastars ~ 2Q02 Groove Tickets. All Rights Reserved. ° ~„: - fit` r~ - .~ ~. kS(Ut3VG t t.t;KCt~: ruil~tldJC 1 uul t.~lull 2tftu ACVG L1l:tCGi.J lliilittG r ~`. , w ~ ~~ c >~3 r. _ ax. ~$ j', 'z~, i. ~f .._..._-._ ___ r_ ,.......,_.............._~,~_., ~~ In o Line:9n9-354-8874 // 370-774-3329 Daors Qpan at: 6;Q(7 PM Dears Case at: 5:fl0 AM Ages: All Ages Remeiryber to iarings Bring all year friends, love and goad vibes and leave your worries behind. Don't forget your money for food and drinks, and Kandy far navy Friends. Tterns not allowed: Otatside i3rini<s, Food, Drama, Bad vibes, Markers, Gang Atire, Weapons, video Cameras, C3pen Cigaretkes Gr Cigars, Liquids, Gilm and Candy, Event Capacity: open The Hudson Theater & Latham Cltif~ (RAllll OR SHI-dE) 295 E Caroline 5t San Bernard'ina, CA 92~4Q8 tJniked States THERE IS A $2.1.6 lVpt~lREFIyNDABLE SERVICE CHARGE PER TICKET O{2C3i=RE13. Pt.EASE SELECT A f3ELIVERY 1vlETHC3D. bELIV£t~Y FEES ARE M1iQ1VR1`t'ttTiDAESLE. EXPRI=SS - $2[3.6p - pelivery requ#res a signat~sre. AI€pw up tc 3 business days for da(ivery. Gantinantal U.S. residents only. Tickets wilt be delivered tG the billing address Gf the credit card. Express will oat tre avai]abEe ter [his avant after 1119!2010. PR]ORITY ~ $iD.6p - Relivery requir8& a signature. Allow up to 5 business days for delivery. Continental U.B. residents only. Tickets wtfi be delivarEd to the billing address Gf ttre credit card. Priority will not be available far this avant after 1/1b12©1fl. FIRST CLASS - $7.25 - pelivery requires a signature. Allow up tc 10 business days for delivery. Contineniai U.S. _-~ resrdents only. Tickets will be delivered tG the billing address of the credit card, First Class will nGf ba available for this event after 117120'10. map it VlUt,9 4G t €~:€(.CtS, f'6,111;.iii}.,`rG S Viii 41LSU tit3.li 11[3 VC". i S~+ri.G%l.~ V1.Ati11G -IrrxpaGt(United kingdom) -APX I and Prodigal 5unri of 5unz of N'lan/Wu-Tang peak (Beat Drop Music) umeare(Plurama Party/12 Gauge/tvet:work Events 'estratFix recnrdingS/Adrenaline) -la7 Linkin(KDiT/Edukation) -Plus More to Tae announced info: This is an ALL AGES Event with plenty of treats! There have been some rumors about the age limit for Projekt 3D, we have confirmed with the venue khat It is ALL AGE5!! l we have an epic lineup including some internatlonai super stars. There's also plenty lasers, lights, go ga dancers, and our own Digital 3D Visuals to gratify a31 your senses!!I 1~or Sound we have ineredible Funktion Dne 5nund in each racsm -brought tq you by Funkworks. Last years party was the first ever Digital 3D Visuals Event! This year is doing to be eye candy gaiare. The 3Ta is locked in and ready for transmission) 1NatcY; your friends dancing live In 3Dl We have 3D Video Gaines and numerous Digital 3Q Animations. This is a Chemed event. Don't forget to wear your Futuristic Costume's Th{s Is optional of course-LOL. Tickets are also avaliab#e at the authorized so-cal retailers: Dr i"reeclouds Fountain Valley, CA 714.9b2:9787 Music Revolution Whittier, CA SfiZ.692.t1Z81 Music Revolution Anaheim, CA 714.447.9288 Grooveriders Sherman Oaks, CA 818.981.3861 Electric Chair Riverside, CA 951.359.81363 i~eadstane Goltan, CA 909.824.3Q34 Headstone Riverside, CA 1n the Mall Dogs Open at: 8;00 PM Doors Ciase at: 4;pa AM !Ages: Ali Ages Fternemt~er to bring: Love, Respect, Friends, and a Smite Items not allowed: t~Jeapc:ns, Markers, and Bad vibes!!!! Event Capacity; 2,Iflt} The Gotham The Gotham-~95 E Caroline St. San Bernardino, CA 924D8 United States . map it THERE I5 A $2.51 fi{DNREFUNDABIrE SEF,~VICE CHRI2GE PER TICKET- t)hFJIwFtED. t7etivcry ~.'EeCha<J PLEASE SELECT A QELEVERY METHOD. LIELIVERY FEES AR>w NOt~[REFCCNDASLE. EXPRESS - $2Q,&fl - C?ellvery requires a signature. Atlo>,v up to 3 business days for delivery, Gontinantal U.S. residents only. Tickets wiSi be delivered to the billing address of the credit card. Express will not ba available for this event after 313/2009. PRlClRITY -service is no longer availalale far this avant. Priority requires that you purchase tickets 5 business days prior to the evenE. FlR5T CLASS -service is na longer available For this event. First Class requires that yaca g~orGhase t1clCets ~Q business days larlar to the event. V~J€LL CALL -FREE -Tickets held at the event wii# coil must be picked up on the day of the event by the cardholder ~? ~ with the original credi€ card used to purchase the tickets, a state issued picture 1p, and the "e-ticket" receipt. Aif tickets muss be picked up at the same time. icket A~~~aunt s u. r~~.~ ~x ~ :...,DER ThIE NUItiBER OF T{CFCETS YOU WOULL7 t.[KE TO Pt7RCHA5E N8^T.'~ Xt» `~ UILIUVC 1lG~sw{~; rLili:llCtSG T uut G.IL1U tlllE.l t~i1VG t il:ttGCb LI111Y11~ J~f'~~: f 'Q <.hi~F l~o;tSF P'ROGR£SS:k~t _ ; " ~- ~ _. ~~ ~r >~ ~~: ,F; . ,... ~~ .. ~` .~,4f.4UL u' .: ~ GL1u .z M ~~; ,t r ., C~ ~R~! : 2 Is,~p~r r~~.~t~coi}~ Ohua~ ~ ~,.sy '~*~ `=`r° ~~~~~ SPE~'ttL f33fUh!' M 8..~5S S!'SSF©'N WfTf~: H , ~ ,"~~. ~" ~ ~ P ~a ~~ ~~ ~~~~ ~a>•~;~; T.r,! ~ ass n:~ i'~~1` .,, .... - ~ -,-~. a a~~. ,~, v~ v ~ ~ .f -~">~ ~ ~~, ~~. ~~ ~. ~. ~ ~~' f:.StY U'o ~l:i AX~t~t S5t aS E. 47 .%' ti:~ ~~ i~ FRS-&A1.~5 tk~AlLASlI; AY: r~~x~rs ~sv~:~cast~ ar: xc t ~~, }iC~ I, ~'_y Sti i5E!' ~ 4.~.ii,I ~,S +°34f v+, ;c0.;+~` '» rt .I'nC{,4.: ~,~ :.. ~ it I' fir; N€ake Prajekt 3b Special and carne dressed in your best Futt€ristic Costume -costumes are ogtiona! o€ Bourse. LpL 2QQH was big for range! ri He'dropped the srr~ash track 'put of tM2 Sky' and Blimbed 18 spots to X37 an The Dl Mag top 10fl. Caming straight from floor with at feast a 2 hour set! Let's dance fiar more! If you don't know E?yloot by know, welcome to Californ!a Trance! pne half of Deep Voices, Dyloot brings an intuitive set to matc!~ his crowd`s energy time progressive tracks on beatport.com. l7LVVV d Ait.A~i., 48. 1 4LkLAA0.ill+ A VU1 '~..LilU GAAAl2 i`R1YV ii4ril.i.] V.RAAddA4 a u~v _+ vw. v Internatipnal Happy ~!ardcore Sensation Dj Impact has been added to the Tine-L:p!!! If you like it hard, you da not want to miss Last year we hosted the first ever Rave v~rith Digital 3D Visuals. This year we have apecia! visual treats -Live 3D(Watch your friends dance Live in Qimer~sional Treats! ',-~ Our Digital 3D Visuals are the same as you see at the movie theaters. It`s clean digital 3D - !VOT qld school Reti and Blue taivvvc t Ic,nc«. 1 ulcuaa~ ~ uu1 l,~l{tV Ct11~.1 r~avt. 1 Iina.in VIIL1E14, I 4f, ~~~_ , e ~~;, ~' . ~~ ~. y~~~.~. [ 4xr- rw wwwn~:r~+~wrw ci ~, k ,~ ~! , `~,~` _~i1~FY~` Itr~Rt7CSJ~t£ i~P,;.€~i K' BA55 ~~' 1 4+~. ~. 'n' vx U j~,:,- ', y. ~~j[ ,~;s ~i, #` ~...r ;,~ :, `y ~~ ' ~ ~, a ~'~ •~~: „~;~ r<fu~[rl~ie s~€~€c~G xo srs~~k~s ~a ~i„ Lk:$7'P LI~Gpkq~,yplp 3k'.+X~y~7ylf~'~~~/~q~,~IC~Ci G9 f7,i Y ~ ~ tl'W'~41W~i~R ~~ j C ,... I Kil , i "~,~ ,~ _ R11~kR ~ ~+ ~~ ~- ,v I ~F .~. ~ ~~ a T ` ~~ ~~~~i~. EE~~~~ 4 ~ [ ~~#~i1~~ ~[~y~q [~g~ ~~4 r116f~1dL1~ ~ ~1s`f~S AVAttdldL:~.,~TF.• Ia ~ fk EI Ld,1~~gS F, 4i1~ icaL Ht ,,. +En~ K€ .:9 i;T i D ~ ~ - , . ,~ ,~ M. , ~ < .a ~tr 47..S5 ~~t tt~ ~ ~~~~ Flsf~ - _ ..._. _, ... i ~ R ~ ..E ii 'a+ c~ ~ ~~.r #~Lt?,lr ~rw,d a ~~#~ '~~. rs F ... ~~ ps ~ ~ ~ ..,_ ii.. . W ii E•-.w i1~i A~'EA The Contrat Centerr °iw.arage (Untied Kingdorn / Lange Recordings) -dyiaa~ (SF)(Skills) -Gik ~~ (f~ikltajSpundaefVandit) -~rsthera (E.E.E.) -FiaS,h (l±tash EventSjMotive) -Hypnotiic (Motive) -Tiggar (Tiggerlovesycv.com) The Trinity: f L`i~ 1~.~°VA,V,L,J 1 i'L"'.~ 11 V !1L L ~ i T'Il:: 1~1V1J._1t.J1VllJlJi f'11-k1V,1~ V i/„L,"1~ILU'V7 iV.t,t[lAAA1AV7}'11LA - ... 1'Q~C G l31 '"i' ~1Vl~e~re_s: TE-tl= t-lUt?SUI~ilCaC)THRfvI '~iv' h e~•~ : O'{12~i12009 ~"he 2nd annual Kandy ~estivai is go'sng down Saturday January 2~'th 2t~091 poors will open up at 7pm and will close at Gam. We are bringing the mast amazing people together, as well as World Famous DJ talent fram ail over the globe• E..ineup t. ~. a.!i This event happens once a year fnr one spectacular and amazing night 1f u missed the.first one Iasi year, you p0 NAT r~vanna miss this ona! You can get your tickets soon at wwrw, groovetickets. cam Make sure to bring alt your friends, love, and good vit5es and leave your worries behirid {: http:l!~vww.miarninights.caxxzl~serslbeowulf32 ~ Itbe-kandy-festival-2-the-budson-~oihaan-01... 3f8/2Q09 ~ ~ ~ ~, ~ tnr, x~~~u x rc~~a vnt...~ tw, tn~ n~~,~v~vrvvxr~.rrvi, Vir~.~tr.~vvs - ~vunaiiEl~€i~u~~ - ... ra~,c a u~ ~ Thfs event is far ail respgnsibie ages. This is located at the legendary HudsgrrfGntham Theater at 235 4 Caroline 5t. San ~3emardina, GA 92408 This event is brought to you by Jason Jay of Magie Entartainrrsent, JAG Events, The Fiudsgn Tfieafer, and is co- prad~sced by Flash Events & 3DC. Tfiis event has tens of preps, visuals, bqunce hquses, world famcsus Funktian C}ne Sound 5ysterr: from Funicwgrks (the carne sqund systetrr that was used a# E.C.C.} and qur legendary candy rrsaking area that will be bigger and better than ever! We ere also extending qur autdogr area for you comfort. Evant Capacity: 5000 This event is suggested to sail out! Presaie tickefis are highly recammendedl located at: The udsonlGotham 295 East Carmine Street San Bernardino, CA 92408 There are ~ ~c~rrrrr~c:nts about fhis post: comment ~0, pasted by HAzE at C'!92 5:28prn (~epiy to this corrrn~ent} canttttt waitt? i m'sssed cast yearsss but nett thiss gneee. .~. .~ :D Enter your nave: Enter your email: (we wgn't shgw it) Hint: You can sic~nu3 Pc?~ sn account qr it;gin to your accnur~t #a make your life easier. Enter your comment: (IMPbRTANT: review uur c~3mment policy before writi?~g) ~I 5end me an email if anyone else comments on this Add cgrrrment http://v~tww.ia~nini~hts.c©l~serslbeowu1f32 ~I~he-kandy-Festiva-2-the-k~uc~san-got~am-Ol... 3/8f2009 ~jvuvc x ~unc~. x'uxcG~nac x uut t.iuu a:au navy i i~;xct~ ~.11u1S1G _ ~.~i,"~.ri~r: .~ .fir ~' ~S '""~ ~.1.?rr~:r"'~s4b_','!r 5orn~ Kandy Talking raft; s tsi ~ :.~ 4 r.. Last year's Kandy Festival was a psychotic rainbow orgy of endless music, sprawling acfivities, and thousands of strangers rapidly turning into BFFs. In shgrt, a dense, night-into-morning of ;~ magical possibilities. The Hudson Treater, Jason .fay Qf Magic '.; ;~ ~ ` Entertai;nrrtent and J.A.G,-Events, team up again to present the °, - `Second Annual Bandy >~=estivat on Saturday, January 24th, at ~~~y ~ ~ Tr*a Htadson Theater & Cotrat~ Club in San Bernardino, CA and y': Y`.v ~~~:~: this mane is reason to celebrate. taonrs open at six PM and class at five AM, giving you ~ t insane hours to run wild and paint the - 'town candy-colored. The line-up is gloriously long-and afl ages are P ,~:;;,.~`` welcome. Came live the dream. Corns taste the candy. ~..- "`'- There are four fully therned areas in 20~9`s Kandy Felt, and each „-'~' nne is dense with wonderful sounds. Let' us explain further. The Electronic Temple zone houses: the one and only DJ Irene, Uberzone vs Bassbin Twins, Starkiliers vs Austin Leeds, Reza, Maui Ahi, Flash vs Anthers, J.Splat, Bcsb ~, and A~ Means. Epic. Elsewhere, in the ECandyoare Palace, spectators viii be treated to performances by: Sam Spade, Cracker}ack, En3rgy, Hypnotik, Rradee, [3iscard, Hardiuck, AsIV.T., and Jellybeanx. Sweeter than sugar. Area three is The Kandy Jungle, with slammin' sets courtesy of; Danny The V~1'sfdchild, Tarty G, lJJ W, APX-'l, Toxic, Itertt 7, Gum~,$, and Sycophein. The last 'hood is called Psychedelic: Kandy. {you know what that is, right?), and stars w'lld beats by: Gatto Matto, C1iva ~JJ Egypt, lkirika Audiq, ijllike Lazar, DJ iartrhag, Aiex ~, and Ls~cky 8. tNow. It`s worth rrtentioning too .that a!i these zany sounds will be blasting outta 30,OC10 watts of Funktion One Sound by Funkworks. When you add in the "mind blowing lasers" and the "return of fhe kandy making area," you have a genuine confectioner's delight on your hands, as saccharine as any high-fructose corn syrup overdose you can imagine. Teach your Tongue a lesson in love. li..Cf-(.G.K...1-[~~.TU.F':t~,EtG4RS~,~'(Ct.K~TS_{.mudsvt1..T_Ete~t.$t_~_~=~siBatr~a~~i~~q _~•~1#. !1 ~I_1CK._FtEf~E:Tp; PI~.R.CHAS~ T.tCE«T$_(Th.~ Fl~dsott ~'tte~ter,S~~vt_ha-tlt_G.lu.p.{~A{~.Q.i3 5t31N~)...-,Sari Qern,~r_djnQ~_CA.# lI C~,fGK-.hIE=RE„TS7 PURCHASE ~ICK~1'S..{The Flud~on._3heatsr.$~ GOtha,rp Clu#? (.i~AIN,_Q,k? SH!€y,~)._•..S.dr; Ede rnardF.n o,.GA.} Contact ~rtFa: J r~t.m-Y...Re%d.. I!_BACK_T{J„THE BllZZ ~1~1.p, l ,Privacy i ~,dyer~ise 1 Jobs I Logos I W~brriasters G 20D2 Groave rickets Atl Rights F~eserved. ~eat:rared i Never 5.hou• lLC?Cli5iA~fA 3I~ Nevsr HARC} 13 isou ~ I-i~uty ca soYS nlolzE c~ I_A nio ~ s r~.~.~. sr~Anow aa~ic Newsi~tte SET YC)UF2 1NBC Errtaii this FINi~ 5C)tv1ETHl! TEi.L YOU ERIE 1!_ 5 EFiD IT I 7' , ~'~::r.,,~ ' ,w ~.. ~ ~. _... http:l/v`~ww.~roC~vetickets.corrt/bz_axt r~c~sxr.asp?I~ID=1668 3!8/2009 Jdii <J, nriiX ff Lj}: al LtiC l„fL11J VVLifiUii/ i7f.![1~Vff ldfGiiLfC: ,pf V ~3iC5iifGa - ~<tVGLffifS.S at yy, yy w CeL~'C L Vi J ;k .~i _k I ~,~E.I '_. '.,; ~~, ~~~f ~~' F , ~ w ~ !~. http:/lva~ww.ravelinks.caz~.lfarums/f~ 1/jan-25-rnix-it-up-at-the-eiuh-Gotham-hudson-theatre-... 3/8!2U09 .. dd.i# L.1, lV1AX ll V~3: [J.L LLFG l..iui7 1.,1fVLlldEi1J I"IU.Li~Vll Li1GiLLLC; ~AV ~(GJitiCS - Y~t7.VCL.111KS .C"it~,C .~ EJA J q'tJ~.fI@ ~ ~ Ei~ _ ~ttp:flwww.ravelinks.comJfonirns/f2l /jazz-25-€nip-it-~tp-at-t~e~c~ub-~o~iam-Hudson-theatre-... 3/8/20©9 xa~ciw~i hftpJ/w~~w,caliraves.cors~lim~ges/flyers/nov-ZQD~IernfD 1.jp~ 3/9/209 rd~G`F ~t~~s rl.y~t nl~r~i~e L~acatian: Motion Ln;.~nge 129 East 3rd Street Lc~s Ar~gefes, CA 9f7013 Efate: ©ciober 25, 2008 - Saturday ~, `t i t ` ~,~ ~. L,~ I ~. -. ~.} ~~ ~,s. ~:~ \ ft ,. ~ E"`€ ~,:. ~`lo. ~.. s ~ 7 t~ [ . ~~ ~ ~ ~`~ ~ ~ d ~ ~K''. i:.., 4 ~ , ~'~i: ~~~~ {'~L. i, C,. ~: . ~, ¢_ ~q ~,..,~~. E k~ f „~. i- i. r .l ~.A 4..t ! Li r ~. Ho~'t~d ~y: Flash, Magic, 3DC, the Hodson ~~r--. ~,- `~ {~ ~, + ;- `^.,..,, . ~.ar..-,fir .'~" s', :s~v 'mow ~~y~~ ~ '~'~ t~ ~"3S+- ~.% ` ~ ~tY F rE. M ~ a~f ~ V' } ~~ ~ l~ ' ~. , ~, ~ a,. ~F ,,~ ~ `~j F ~~ $ ~~O +~ s ~`: Y 1 i ~~ ~~ h _ _ _ ~ .,b .41 {-.t.T f 1f I]i fif' ~7 11 ~l}~F \11i114\fl 1 1 iw ~ _.,; F"'i" ~ttp://wr~w.cal iraves.eorr~/archives?start=24 t'~SC~' r13tS t'tyCI~ HTE:t31VC ~~ r -. r3, i? ~~~ cVerlt i~oca#ion: The Hudson and Gatham Club 295 t= Caroline St San Bernarr~ina, CA 92498 C3ate: October ~ 1, 2fl(l8 -Saturday Party starts at: 8:flfl PM Party enc€s at: 5:G0 AM ~kges: All Responsi5le Ages Fasted by: 2Hype Praductior~s http:li www, c ali raves. cnrnlar~hives7sta.r~-24 t'~S~L 1=,VCI145 I'iyG[ ritf~[i1VC I~~t~pa/www.ea~lira~es.eo~7~llarcl~~iwes?star~=lb f"Q}~G i L C1t f 0 3/9%2Q~9 rant ~v~~xta riycz ruc~.awc r~t~c i ~ ua t a ~--~ TaEent: Bi~;tnniu~n Bay, i-1j Mozz, Flarup, Thee-Q (ir a Santa suit), ~Jsed & Abused, Audio O;~mmes, ~Jj t3irty, Kevin King, .Ant, Liquid NRG, Zeraghonik vs. Dj Brandon Phantom, Aphter, Rodee htt~:Ilwwv+r: calirav~s:corrtlarclaiv~s?start=l f 3l91Z0~9 i ij~y~vb ~~~uruay - : iii Luau ,icy ~~ t~.c~arxtr~ - xzuu~un dx~u vu~.sx~:zz~ - pair ~s~rc~~€rur~~U, ~.,rti r~~e ~ ~~ ~ ~,~4'~''~';?~ ~~.1~~~:_~`sv hEt"~'"~f'[~I~7~',~ '~"T~~"~t't"~~~"f'~ ~r~.1~1~3n~~'r' t-~r r;~~:l.Tl~,r< ~^~11~r~~Ar~=~~~. .,: ~. ;"~~ ~, -_..:~. ~,'~",r~,.. 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Caroline St San Bernardino, CR 92408 aafe: avemt~er 29, 2C}t}8 - Saiurday Party starts at: 9:Ofl PEA Party ends at: 5:OC AM Ages; Ali Rss~ansible Ages rd" http:flu~ww.caliraves,coznlarchives14~0-1 ~ 29t18~saturday_the-last-city-ai=atlantic-hudson_and... 3/9l2~U9 r;rt5~ ~,v~trt5 riy~r nrc;iiiv~ lxttp:/lwww. caliraves.coinfarehives 3/9/2~~39 rani: L;~~ssin a'~yct rtt.e:t~s.v~ ra~~ r uz ~.~ ~~ =~ ~~ ,. , .$ . .~s -. s .. ~, ~~~. 1, ~~ t ~. a. - E ~ ; ~, ;~ :. ,a ~. :.. ,~ " ~` .-~~ . ~~ w V~ :` " ~ - V ~~ ,. k y~ 4T."p'"r.' ` ~ ~.y ~ ~ ~y 1~~ .. +~ I .~. ~# '~F'~ IMr, - ~ 4 l ~~ ~'MWia~h IeYYW ~/ - ..r, ` ' _' ~ ~~~ ~ .. -~7~#cLiAVn~ + 1~ .. ~' 6. F h ..--~w~~IT €~fApl.~tiirWT ~ ~~~ '@!~ ~ ~~^^' Yb1•A)4~Q7~~ CIlC25~Q. ~ ~~~..+.:r~wl 1~ 5~8 111CkiP7! 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Tany K, CJ Migat Locafaort: The '"a4thai'1 296 E CaralEne St San Bernardino, CA 924G8 C3a~c: ~-ebruary 14, 209 -Saturday Party sfarts-af: 7;G0 ~'Iv1 Party ends af: 6:(}© RM Ages: Aii Respansii;le Rges R, d F `c..r .r"i s 'r - &: ?' 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QJY.G t Ut LV ~sF:'c31'Cri ~:: ,fir Y~~fip:!l~~v-w.caliraves.cornfarc~ii~~~`~start=S 31912[19 rda~ c,uG~~c~ r~y~a .r~~u~f~vc ra~c a u~ ~.v Talent: Richard Vissian, Dj Yoeri, fviicicy i=ron, Squad E, Swedish Egi1, Ca;feins, APX-1, LA Turntable C3rChestra, C~j dam, 131zerk, Used & Abused, Cali3de, Phantarr 45, Tany C -B2B- Heavy Hittaz, Lethal Theory, Joey fiat, Kur, PriC Irnerny, FrG mnrQ! Location: The Hudsan and Gatharr~ 295 E Carciine St San Bernardino. CA 92408 Dale: February 7th, 2009 • 5aiurday Party starts at: 7:00 I'M Party ends at: 5:E~0 AFU Ages: All Resp.ortsibie Ages Brought to you by: Jl~IX f~r~aduetians http:ffwww:calzra~es.cts~f~~e~~'~$ 3/~I2009 :~ rant ~,vez~~s r~yer ~.rcn~ve l~ttp: //www. caliraves. comiarcl~ ives`?start-& rage ~ ~ nr ~~ „ ru~~Y ~~r-Err~titu rsu•u~~~t ~~~~~t . . •~: fLLU~r'I'1A'CII+I~~ Ft~~ ~1;4~i+~~~~~,`.: `~~~ ~71~'~Cl€3~1~f~: ChfdLLJU~ i~A~ ECi 31912(1Q9 t'[J~L~v~ilLJrfy~wf H.fl;flfVC _~ ~~~+ ~~i4 _ ..~ 1, .. ~r~ti ~:, 1 ~ `v. ;J~'J http: i!www.caliraves. car~f arehives?start=8 rd~G I. 1 Ul LU ~. ~z ~a i~ nna P k ~~~ ~:~Gf~~S r~,yG~ ~~~~~vG ~4G7~iC1r1: The ~#udson and Gntha~~ Club 295 E Garonne Sf San Bernardino, CA 92448 Date. January 24, 2Q49 -Saturday Party starts at: B:aO PM Party ends at: 5:D4 AM Ages: Aii Responsible Ages 1'[l~'G iaC. V1. LV Broughtta you by: So~snd Byiez Entertains~ent, Ci'imaxx ivvents, C~j X-Phactar ..+` ,. ~, ,, ~~ ~ J; l lectrolEious~e Wolfgang Gartner, ,tan Pegnato, PauE Ahi, .1eff i~yan, Erick Brian t~:/!~vww:caliravesco~archives?start S 3; 9/209 8 1 2 3 4 5 6 7 S 10 11. 12 13 14 15 1~ 17 18 19 20 '~ 21 22 23 24 25 26 27 28 DECLARATI0~1 OF OFFICER RICARDO LANDEROS I, Ricardo Landeros, declare: 1. I am a police officer with. the San Bernardino Police Department ("SBPD"). I am currently assigned to the ViceCl~arcotics Unit of the SBPD. I have been employed. by the SBPD for the last six years. I have personal knowledge of the facts stated. iz~ this declaration. 2. I received drug recognition training at the police academy before becoming an officer. Ian my years as an officer, I have acquired additional experience in drug recognition. I have training and. experience in identifying MDMA, commonly known as "ecstasy," and ketalnine, commonly known as "K" ar "Special K." 3. On Saturday, July 18, 2(109, Saturday, August 22, 2009, and Saturday, August 29, 2009, I was assigned to work as an undercover off cer for investigation into possible narcotics trafficking at the Hudson Theater, located at 295 E. Caroline Street in San Ben~ardino. The investigations were to take place duxing events at the theater on those dates that were billed as "rave" parties. On oath. of those dates, my assignment was to worl~ the parking lot of the Hudson Theater. In the course of carrying out my assignments on those dates, I participated in several arrests for drug offenses and made one undercover drug buy, as explained in the following paragraphs. JULY 1$ 2009 DRUG .ARREST AT HUDSON THEATER K.B. ~ one tablet MDMA 4. On July 18, 2009, afiter attending a briefing at about 8 p.m., I entered the Hudson Theater parking lat. At about 10:10 that evening, while the rave was going on, a white female juvenile, later id.enti~ed as K.B., approached zne in the parking lot, K.S, asked me if 1 had any extra tickets to the event. I said I did not, and she asked if I know any wa)' shy and, leer three friends could. sneak into the event or if they could get "hacked up" by anyone. K.B. told. xrae she would give me one "X" pill and ~ 15 if I could. get leer and her friends inside. In response to my question whether she really had an "X" pill, K.B. removed. a plastic bag from a zippered stuffed animal she was carrying and showed me that it contained one green tablet. From my training and experience in drug recognition, I recognized the tablet as probable MDMA. 1 DECLARATION OF OFFICER RICARDO LANDERU5 TN SUPPORT OF MOTION I'OR PRELIMPVAI2"Y mJUNCTI©N 1 2 -, 4 S 6 7 8 9 la 11. 12 13 14 15 16 17 18 19 20 21 '~ 22 23 24 25 2b 27 28 5. I covertly directed. two uniformed SBI'D officers to apprehend K.B., and they did so. One ofthe officers confiscated the suspected MDMA and. I later performed a presumptive test an it, which was positive for MDMA. The presumptive field test I used. to test the tablet employs a cherr~ical reagent that, when applied. to a substance containing MDMA, causes the resulting rriixture to turn a distinctive color. AUGUST 22.2009 DRUG PURCHASE AT HUDSON THEATER Steve Lawrence -two tablets MDMA 5. On August 22, 2009, after attending a briefing at about 8 p.., I entered the Hudson Theater parking lot. At about 9:45 p.m. tlaat date, as I walked through the part{ing Iot, I noticed. a smell of marijuana and saw a male adult, later identified as Steve Lawrence, next to a car smolting what appeared to be a marijuana cigarette. An Asian zxaale adult approached Lawrence anal asked if he had. any "X" for sale. Lawrence said. he had "purple devils," two for $30. The Asian male said he was not interested. 7. I asked Lawrence if I could buy two "purple devils" Crorn him and Lawrence agreed to sell them to me for 530. I handed Lawrence $30 and he handed me two purple tablets. S. I arranged for uniformed SBk~D Officers to arrest Lawrence. I searched Lawrence incident to his arrest and found three more purple tablets in his front waistband. I asked. Lawrence if I could search his car and he agreed, and told me he had "weed" in the fuse box. I retrieved. a small. amount of suspected rr~arijuana and one suspected. marijuana cigarette from the fuse box. 9. I later performed a presumptive test for MDMA on the pLUple tablets I had purchased and confiscated from. Lawrence, and they tested positive. 10. At about 10:15 that evening, I questioared Lawrence with his consent after informing him of his constitutional rights. Lawrence told me he had been. going to the rave when I approached him. I-Ie said he had. been. trying to sell. the "purple devils" to get enough money to atteard the rave. Lawrence said he knew it was against the law to sell narcotics and to possess marijuana. 111 2 DECLARATION OF OFFICER RICART]O LANDEROS IN SUPPORT' OF MOTION FOR PRELIMINARY I7TYTCJNCTION 1 2 3 4 S 6 7 8 9 10 11 I2 1.3 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AUGUST 29 2009 DRUG ARRESTS AT HUDSON THEATER .Alexander Perez!Dllon Giarraffa - 1 4 rams ketamine 11. On August 29, 2009, after attending a brie~.ng at about 8 p.m., I entered the Hudson Theater parking lat. At about 10:30 p.rn. on that date, I was in the parlci.ng lot west of the front entrance to the Hudson Theater. I noticed an adult male, later identified as Alexander Perez, standing near a car and drinki~~g what appeared to be an alcoholic beverage. Several other individuals were i~n a group with Perez, including an adult rr~ale later identified as Di11an Giairaffa. As I watched, Perez threw several glass bottles nn the asphalt in the parking lot. 12. At my direction, uniformed SBPD Officers Toyce and Gonzales cantacted Perez, Giarra#fa, and the group they were with. After the contact, Officer 3ayce handed me several plastic bags that had. a skull ern.blem on them.. line of the bags were filled with a white powdery substance. S tested the substance for cocaine, which was negative. As I was testing the powder, Perez stated, "St's not cocaine, sir, it's ketamine." 13. I advised Perez of his constitutional rights and he agreed to talk to roe. Perez told me that when he was apprehended he had been filling plastic bags with "K." He said he had been I~! planning to sell. the bags for S 10 each. He said Giarraffa also was going to sell the ketamine. I asl{ed Perez if he had, sold ketami.ne at a rave before. He said no, this was going to be his first time. He said ketamine was used at raves to "chill nut." ]4. I also advised Giarraffa of his constitutional rights and he also agreed to talk to me. Giarraffa said the bags with the white powdery substance were Perez's, oat his. He said only Perez was going to sell. the bags. Giarraffa said he was just there watching out for Perez. I asked Gianaffa what he was watching nut for and he said the cops, Ronell Ste~h~ns - ane tablet MDMA 1 S. At about 10:40 p.rn. nn August 29, 2009, I was in the parking lot just west of the entrance to the Hudson Theater. I saw a white rr~ale hand currency to a black male, later identified as Rone11 Stephens. I heard Stephens tell the white male to follow hizn to a nearby car. They walked to the car and Stephens gave the white rr~ale a tablet. The white male walked away. 16. Based on my training and experience, I believed Stephens was engaged in the sale J ll~;t;LARATION OF OFFICER ILIC.ARDO LANI~EROS TN SUPPORT" OF MO'T'ION FOR PRELIMINARY INJTJNCTION 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 ]6 17 18 19 20 21 22 23 24 25 26 27 28 ' of MDMA. I recuested that a marked SBI'D unit make contact with Stephens. A unifartxaed officer arrived about 10 minutes later and searched Stephens after obtaining his consent. During tl~e search the officer found one tablet of suspected MDIvIA in Stephens' right front packet. Stephens was arrested, and I tested the suspected MDMA tablet, which tested presumptively positive far MDMA.. 17. I advised Stephens of his constitutional rights and he agreed to speak to me. Ike said he had the MDMA because he used ecstasy when he came to the raves. -Stephens admitted he knew it was against the law to be in possession of MDMA. I declare under. penalty of perjury under the Taws of the State of California that tl~e foregoing is true and correct. Executed on ~/~ ~~ , 2010, at San Bernardino, California. RICARDO LAI~~DERQS DECLARATION OF OFFICER RICARDO LANDEROS IN SUPPORT OI= MOTION' FOR PRELIMINARY INJUIv CTION 9 1 3 4 S 6 7 8 9 10 lI 12 13 14 15 16 17 IS I9 20 2I 22 23 24 25 2b 27 28 DECLARATION OF OFFICER ,TOSE LOERA I, Officer lase Loera, declare: I. I a~n a palice officer with the San Ber~aardino Police Department ("SBPD"). I aar~ currently assigned to the Patrol Division of the SBPD. I have been employed by the SBPD for the last one and one-half years. I have personal kz~owledge of tlae facts stated in this declaration. 2. I received basic street drug recognition training at the palice academy before becorning an officer. I have training and experience in identifying MDMA, commonly known. as "ecstasy." I have encoua~tered MDMA in my work. as a patrol officer for the SBPD, and my identification of the substance as MI3MA has later been confii-~xzed by crime lab testing. From this experience I have learned to identify probable MDMA. in the field. based on its characteristic size, shape, and physical appearance. 3. On Friday, November G, 2009, I was assigned to work as an undercover officer in I the investigation of possible illicit drug trafficking at the Hudson Theater, located at 295 E. Caroline Street in San Bernardino. The investigation took place during a dance event at the theater an that date. On that date, I made ttivo purchases of suspected MDMA from other attendees while at the Hudson Theater during the event. The transactions occurred as explained. in the fallowing paragraphs. DRUG PURCHASES AT HUDSON THEATER ON NOVEMBER 6 2009 Thomas Cervantes -one tablet 4. I arrived at the Hudson Theater at about. 8:30 p.m. on November b, 2009 to attend the event. While I was inside the theater during the event, shortly before 9:45 p.m., I overheard a Hispanic male adult, later identified as Thomas Cervantes, telling another attendee of the event that he had "Thizz" for sale, I recognized "Thizz" as a common street term for MDMA. I asked Cervantes if he had some "Thizz." He said he did, and they were $10 a pill. I handed Cervantes a ~ 10 bill and he handed ine one tablet that appeared to me, based on zny training and experience, to be MDMA. I later delivered the tablet to SBPD Officer Ernest Lu~~a, who was working in plain. clothes as a close cover and evidence officer for the event. 111 1 DECLARATION Off` OFFICER .TOSS I,OL~RA IN SUPPORT OF MOTTUN FOR. PRELIMTN14RY II~rJUNCTION 1 2 3 4 5 6 7 8 9 i0 11 12 13 14 l 5 '' 16 1.7 18' 19 20 21 22 '~ 23 24 25 26 27 28 Sebastian Navarro -one tablet ~. During the November b event, shortly before 1.1:45 p.zn., I was in the men's restroorn at the Hudson Theater with SBPD Officer Anthony Castro, who was also working un.dereover at the theater that evening. I approached a Hispanic male adult, later identified as Sebastian Navarro, and asked him. if he had any "fizz," a common street terra for MDMA. Navarra said he had some "fizz," anal asked how many I wanted. i said 1 only had ~ 10, the usual. price per tablet of MDMA at rave pax•~ies, anal asked for orze tablet. I got ~ 10 froze Officer Castro anal handed it to Navarro. Navarro handed. Offzcer Castro one tablet of what 1 recognized froze my training and. experience was probable MDMA. CONDUCT OF HUDSON THEATER SECURITY GUARDS 6. .There were private security guards on duty at the Hudson Theater on November 6, 2Q09 when I was at the theater and made the drug buys described above. However, the guards stayed along the walls anal did eat patrol. the dance floor. During that time, there were drug sales openly occurring on the dance floor. The sellers made no attezxzpt to conceal what they were doing, and attendees at the event were walking up to thezxz and asking for drugs, ar the sellers would walk up to attendees and aslc if they wanted drugs. Many of the sellers had backpacks a~1d were selling drugs from the backpacks. If the security guards had patrolled the floor, they easily could. Dave seen the drug sales occurring. 7. In addition, I saw drug sales openly taking place in the men's restroom, but I Hover saw a security guard in the restroom. I declare under penalty of perjury under the laws of the State of California that the foregoing is tz~ue and correct. Executed on ardino C ali.fornia. 2 DECLARATIOl~T OF'OFI~ICER JOSE LOERA IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION 10 1 2 3 4 5 6 7 8 9 30 11 12 13 I~ 15 16 I7 18 19 20 21' 22 I 23 24~ 25 26 27 28 DECLARATION OP OFFICER ERNEST LUNA I, Officer Ernest Luna, declare: 1. I am a sworn pnlice officer with the San Bernardino Police Department ("SBPD"). I have been employed by the SBPD for the last four and one-half years, I have personal knowledge of the facts stated in this declaration. 2. i received drug recngxzition training at the police academy before becoming an officer. In my years as an officer I have received about 40 additional hours of self initiated training and have acquired field experience in clru~ recognition.. I have training and experience in identifying MDMA, commonly known. as "ecstasy," and ketar~ine, commonly known as "K" nr "Spacial K." MDMA and ketamine are commonly bought, sold, and. used. at "rave" parties. 3. In my four and one-half years as a police officer with the SBPD, I Dave encountered anal accurately identified MDMA nurrierous times, as confirmed by crime lab testing tlrat showed the substances I identified were, in fact, MDMA. Fror~n this experiea~ce I have learned to identify probable MDMA in the field based an its characteristic size, shape, and physical appearance. 4. On Saturday, 3uly 18, 2009, Saturday, August 22, 2009, Saturday, August 29, 2009, and Friday, November 5, 2009, I Was assigned. to worl~ as an undercover officer in SBPD investigations into possible illegal drug trafficking at the Hudson Theater, located at 29S E. CaraIine Street in San Bernardino. The investigations took place during events at the theater on those dates. 5. On July 18 and August 22, my assignment was to work with an undercover partner, with whom I would attempt to purchase street drugs from other attendees at the events. On those dates, I made several drug buys as explained in th.e following paragraphs. 6. On August 29 anal. November 6, my assignment was to pro~ride close cover for other officers as they atterr~pted to make drug buys inside the Hudson. Theater. I did not buy drugs on those dates, but on August 29 I interviewed one of the subjects arrested for selhng MDMA and he confessed to making the sale, as explained below, 111 I DECLARATION OF' OFFICER ERNEST LC,'1~A IN SUPPORT OF MOTION F`OR PREI.IMLIvARY I1~'JUNCTION 1 2 3 5 6 7 8 9 l0 1l 12 13 14 1.5 I6 17 IS 19 20 21 22 23 24 25 26 27 28 Jt,TLY 18-1.9.2009 DRUG PURCHASES AT HUDSON THEATER ~I 7. On July 18, 2009, after attending a briefing at about 8 p.zxn., I entered the Hudson Theatex to attend an event that was billed as a "rave" panty. I worked undercover with an undercover partner, Officer Eli~abetla. Contreras. Officers Joshua Cogswell and Ryan, Wicks, ~ also undercover, worked as our close cover officers. Michael. Hong -,n11e tablet,,probable I1~iD~A 8, During the July 18, 2009 event, an Asian male adult, later identified as Michael Hong, walked up to me and said, "E," which I knew from. my experience and training to be a common street term fox ecstasy. 1 asked Hong whether he wanted. E or was selling it. Hong said. he was selling E. He said the pa-ice was $15 for one "blue gecko" pill. Hong pulled a pill out of his pocket anal gave it to me. I gave Hong 520, and he gave ine $5 back. I later gave the pill to Officer Cogswell. J.S. -1{etar~aine 9. In tlae early rriornii~g hours of July 19, 2009, while the rave was still going on, I was approached an the dance floor inside the Hudson Theater by a white male juvenile, later identified as J.S. Ho said, "Special I~," which I knew from my training and experience to be a co~~nmon street term far ketamine. 10. I asked J.S. if he was sellizag Special K, and he said, Yes, twenty dollars." I handed J.S. X20 and he handed me a clear plastic bag containing a white powdery substance. I later gave the bag to Officer Wicks. AUGUST 22 2009 DRUG PURCHASE AT HUDSON THEATER Terrace Hoover ,-,one tablet ,probable M„DMA 11. On August 22, 2009, I worked undercover with SBPD Officer Aruba Stewart during another "rave" parity at the Hudson Theater. While we were inside the theater air the evening of that date, Officer Stewart and I made contact with a white male adult, later identified as Terrace Hoover. Officer Stewart asked. Hoover if she could buy two tablets of MDMA fronxi hiixi. Hoover said he only had one tablet. I paid Hoover $20, twice the street value of one MDMA tablet, because I had a S20 bill and he said he did not. Dave change. Hoover gave me-one 2 DECLARA'T'ION O~ OFFICER ERNEST LUNA TN SUPPORT OF MOTION FOR PRIaIaIMI1vARY Il~;JUNCTIQN 1 3 4 S 6 S 9 10 I1 12 13 14 15 1C 17 18 19 20 21 22 23 24 2S 26 27 28 tablet of what appeared to me to be MDMA, based on my training and experience in street drug identification. Moi~nents after the transaction,l gave the tablet to SBPD Officer Richard Everett, who was also working undercover inside the theater. AUGUST 29, .2009 INTERVIEW OF SUBJECT ARRESTED AT HUDSON THEATER 12. On August 29, 2009, I was assigned to provide close cover for SBPD Officers Stewart, Ezxzon, and Flint while they attempted to purchase drugs frozxi other attendees at another "rave" party held at the Hudson Theater that evening. 13. At about 10:30 p.rxi. on that date, I saw Officers Stewart, Emon, and Flint make contact with a white or Hispanic male adult, later identified as 11![ichael Tafoya. 1 saw Tafoya and Officer Stewart talk briefly. Then Officer Stewart gave Tafoya soxrze paper currency and e gave her a srz~ail iterrz from. his right front packet area. The officers then walked. away frozri Tafoya and I made contact with Officer Stewart. She lzand.ed me two blue pills which 1 immediately recognized as ecstasy pills (MDMA} from my training and experience. 14. At about 1:00 a.in. an August 30, 2009, uniformed. SBPD officers arrested Tafoya inside the Hudson Theater. At about 1.:30. a.zn. on that date, I interviewed Tafoya after advising him of h.is constitutional. rights and obtaining his conse~~it to be interviewed. In response to my questions; Tafoya adritted selling two tablets of ecstasy to a female inside the theater. Tafoya also admitted that he had nine bags of I:etan~iine with hizn in the Hudson. Theater, anal that he was planning ozi selling them :for S20 per bag. CONDUCT OF HUDSON T1=TEATER SECURCTY OFFICERS 15. At all four of the events referred to above that I attended at the Hudson Theater in July, August, and Novembei° 2009, there were private security offacers inside the theater: At all four of the events, I could plainly see drug sales taking place on the dance floor. However, at none of the events did I see the security officers mingling u~~ith the persons on the dance floor. Instead, they remained against the walls and kept away from the dance floor while the drug transactions were occurring. 111 111 DECLARATION OF OFFICER ERNEST LUNA IN SUPPORT OF MOTION FOR PREI.,IMINARY INJUNCTION 1 2 3 4 S 7 8 9 l0 ~l 12 13 14 IS ]6 l7 18 19 2a ~~ 22 23 24 25 26 27 28 I declare under penalty of perjury under tl~e la~xrs of tlae State of California that tkae ', foregoing is true and correct. Executed an ~~1 ~ , 2010, at San -~~ ~._-~~, r_ u, Bernardino, California. ~' s ~', ERNEST LUI~~A 4 DECLARATION OF OF'EICT;R ERNEST I.UNA IN SUPPOR"T" OI~ ,MOTION F'OR PRZ/I,IMINARY INJUNCTION 11 1 3 4 G 7 8 9 10 11 12 13 14 15 16 1'1 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF TERRI RAHHAL I, Terri Rahhal, declare: 1. I arrz Deputy Director of Development Services anal City Planner for the City of San Bernardino {"City"). I have been employed. in the Planning Division of the City's bevel©pment Services Department ("Plaiuria~g Division") for five years and have been employed in the field of urban planning for 24 years. I have personal knowledge of the facts stated in this declaration and could con~ipetently testify to those facts if called as a witness. 2. As City Planner I Dave principal responsibility for th.e operations of the Planning Division. Coz~di.tional Use Permit ("CUP") applications are processed by the Planning Division, and files and, records pertaining to CL'Ps are maintained by the Planning Division. 3. I am personally familiar with the CUP and related docuaxzents that gnven~ the use of the property known. as the Hudson Theater, located at 295 E. Caroline Street in the City. Those documents include: (a) CUP No. 93-14, approved by the City Platu~iing Comanissioal on June 22, 1993, CUP Na, 93-14 authorized the operation of the premises as a theme night club (country western) subject to 15 specified conditions. One of the conditions was: "Any special events proposed to be held at the night club between the hours of 1:30 a.m. to 5:00 p.m., Sunday through Saturday, shall be subject to review and approval of a Temporary Use Permit Application." {See Condition No. 11, as revised.) True and carrect copies of relevant plarnling documents pertaining to CL'P No. 93-14 are attached to this declaratio;~ as Exhibit 1. (b) Amendment to Conditions No, 00-17, approved by the City Planning Commission on December 19, 2000. The Amendix-~ent modified CUP No. 93-1.4 to extend. the club operating hours from i :30 a.m. on Thursday, Friday, Saturday and Sunday marning until 2:00 a.in. each morning. 'T'rue and correct copies of relevant planning documents pertaining to Amendment to Conditions No. 00-1'7 are attached to this declaration as Exhibit 2. 4, Under CUP 93-14 as amended by Arnendrxient to Conditions No. 00-17, the Hudson Theater is not permitted to conduct activities on the premises after 2:00 a.m. without obtaining a Temporary Use Penriit. Any application for a Temporary Use Permit would have to DECLARATION OF TERRT RANT-IAL IN SUPPORT OP I~~OTION FOR PRELIMINARY INJUNCTION 1 2 3 4 5 6 7 8 9 ~.0 11 12 13 14 15 l6 17 18 19 20 21 ~~ 23 24 25 26 ?~ ?g ', be made to the Planning Division. S. At no tune has the Hudson Theater obtained any Temporary Use Perrrait authorizing activities on the premises after 2:00 a. In July 2008, Margaret and Michael Sherman, applied for a Temporary Use Permit autho~~izing an event on August 1 fi, 2008 to last until 4:OO a.m. Horxle~rer, Planning Division staff informed the 5hertnans that it wauld not be possible far diem to obtain a permit to play outdoor rriusic after 11:00 p.m., and the application for a Temporary Use Penx~it was not granted. I declare under penalty of perjury under the laws of the State of California that the foregoing is txue and correct. E~eeutecl on ~ ~, "~' ~ _, 201.0, at San. Bernardino, California, TERRl RAHH~IL 2 DECLARATION OF TERRI RA~IHAL IN SUPPOR`T' OF M©TION ~'OR PRELIMINARY INJUNCTION Exh~b~t City of San Bernardino STATE~'!EN'~' ©F OFFICIAL PLANNING CdMMISSTON ACTION PROJECT Number : Applicant: Owner ; AC'I I aN Meeting' Date x VC?TE Ayes: Nays: Abstain: Ak?.$.aeTlt Canditlonai Use Permit No. 33--1 Caravan Property Management Carad Baker for Simchcs~,ritz Co. June 22, 1.993 Approved Conditional Use Permit Nz~. 93-14 su3~ject to the Findings of Fact (Attachment "B'" } , Canditirans of ,Approval (Attachment `tC") , and. Standard ~tequire~ents {~ttachrner~t =~D;Q) , with a revision tc~ Coxaditian X11 {as distributed tcs the Planning Commission and the applicant) , arxd a deletican of Condition '~12 of the Building Division Standard Requirement. Affaitati, Cale, Gonzales, Ortega, Romero, Stone, Traver. None Ntrne'. None The decision of the Planning Com~ri.ssion is final unless a written appeal a written appeal is filed, with the appropriate fee, within 1~ days of the Planning Commission's action, pursuant to Section 19.52.1fl0 of the Municipal. {Develrapmentj Code. I, hereby, certify that this Statement of Official Action accurately re lects the final determination of the Planning Commission a e City of San Bernardin . e D e Al Boughey, Director, cif Planning & Building Services AB/dm Attachments cc: Project Applicant Project Owner Plan Check Engineering Division -Case File CfTI' QF SAN BERNAI~DINO PLANNING AMID BUILDING SER~fICES DEPARTMENT ~~~~ At'~. Ei~l£7A ITEM ~ NEARING DATE 6-22--93 UVA R D ~ C11 ~L cEI C~ tr W Conditional Use Kermit No, g3-14 a~Pr_tcArtT Caravan Property Mgmt 500 Kinley N_E. Albuquerque, NM B1702 owtvr=R: Cozad Baker far Simchcawit 3415 5. Sepulveda B1, X31 Las Angeles, CA 9(}039 To establish a theme night club (ctiuntry western) in an existing 44,764 square font tetaa.z~t space in a multi-tenant camFnercial center . Night club will include can-site sale and consumption of aicohc~l (beer, wine & well-drinks), live entertair~zFtent, disc-jockey, danca:ng and bi.llards. Located an the south rest corner of Carr line Street a.nd Waterman Avenue at 29.5 E. C~.rola.ne Street. ~~. Subject North South East ~+STe 5 t EXfSTING feAN©llSE ~j~ (Commercial Center CR-3 Mixed Commercial CR-~3 'Industx'ia1 Warehouse/Vacant IL Vacant CR-3 Wholesale Commercialf CR-3 Vacant GI*NERAL PLAN f?.~.~I~ TA SON Commercial Regional Comrr~ercial. Regional. Industrial Light Commercial Regional Comsnexcial Regional. GEE~LOGrC l 5rv15IutIC ^ YES FLC~7D HAZARD ^ YES ^ 2aNE A Sr*Wl=RS: ~ YES HAZARD ZC3NE: ~j NO 2OtdE: ~ NCi ^ ZC)NE B ^ M1tC7 HIGH FIR1= ^ YES AiRf'C~RT NQISE! ^ YES far=DEVELDPIv1r=~fT I^ YES HAI.,4RCl ZpNF: ~ NO CRASH ZC?NE: PRC)JEGT AREA: L~ ~Q ~ No ~ i!3 >~ ~ ~_~ ~~ ~~ NOT A~Pr_rcA~t~ ®~xEn~PT Class 1 ND srGr~iFIGANT EFFECTS POTE~lTiAr_ StGNIFtG,41VT ~~Fr=cT~ WrTwt MrTiGATI[~G MEASURES NO E.i.R_ (~ E.I.R. RE'QUrFtED.BUT NC1 sr~ty{~rcAr~ ~FFECT~ WITH METrGaTrNG MEASURES ^ sIGN~F~CANT ErWr:ECTs SEE ATTACHED E.R.C. MENUT;=S rrr aF .,.~ ~.,., M ~~ L6. ~ H~ t!} ~ ~; r~P~R~v,~L ~ CGN~~TIC3hIS ^ DENIAL ^ CCJNTINUAtrICE TC3 C ~uw-~,p2 P~rGE s n~ , ia.sor Attachment "C y, Cr-r~ of sarr ~ERr~~R~~~o ~L~;nr~ti~~ cAS1= cul? ~ 3 -1 ~ AND BurLDr~G SERVBCES DEPARTMENT AGENDA ITEM /'~~~ ~ !-EEAi~ING BATE 6-22-93 ~/ PAC,, 11 -._~'~_.____ "r~nstructinn shah be in st~t~stantia! cr~nformance with the plant s i a~+rsr.a~'ed b~' thF I)i.rector, ~leveloprnent ;tetie~- f'ammittee, Planning Cr~mmiesir~n ar h3avoz and Camrnan Council. ~i~.nor mr~dificatioc~ to the nlantsl shall he subject to ailfiroE-al ht• tt~e .Director through a minor mndi f i cat icon p~2'tni t process. Rot- mndi fi cation Which exceeds ]t3X of the follnr~in€ allawabie measurable design/site cansideratians anal I require the refzl ing a.f the. ori~gina l app I i cat a on and a subsequent hearing b~. the apprnpz-iate hearing retTiew authority if applicable. 1. Dn-site circulation and parking, loading and Iandscapin,g: Z. placement and/or height of w~al]s. fences and structures; 3. l7econfiguration of arc hitecturel features, including colors{ and/ar mt3dification of finisY~ed materials that do rat alter nr compromise the Pre~ri ousl,v approved theme : and . 4. A reduction iu density nr intensitt• of a development project. _~_~_~_~__ Within one year of development approt*al, cam~nencement of construction shall hate occurred ar the permit/approval shall became null and t•aid. In • addition, if after commencement of construction. ~*nrk zs discontinued fnr a period of ot~e near, then the permit/apnraval shall became natll and void. Prof eats rn,ay be built in phases i f preapprpved br the review authorit's~, 3f a project is built ir€ preapproved phases, each subsequent phase shall have one 'year from the previous phase's date of construction commencement to the next Phase's date of construction commencement to have occurred or the permit/approval shall become null and void. Project : Conditional U~c~ Pex-Fnit Np. 93-1~ Expiration Date: Sung 22,.199 `~•"`"` •'~"1M° PLJU~-t~oc a~E , aF ~ µ-aot Page I of ~ GITY ~F S~,IV BERNARDIN4 PLAhINING CASE cul~ 93-I4 ~~1D BUILDiI~G ~ERUlGES DEPARTP~fENT ~~~~ A~Eh~l~a rTE~I HEARIiVG BATE 5- 2 2 -- 9 3 PAGE... _ 12 ~ ____. 7`he _~_- re~•iew authori t~- may' . upon a~+pl i cat i on being file d 3Q da~-s prior to the expiration date and fnr good cause, grant one time extension not to exceed 12 m onths. The re~•ie~ aut hority' shall ensure that the project craraplies F-ith all c~srrent l;~e~=~-lopmenl: [~C~~E' pxoViSlAn~. ___~4_~__. Ire the event that. t.hi s approval is legal l4- challenged, the Citt~ r~.ill promptly notify the applicant of am claim ar e+et.ion and will cooperate fully in the defense crf the matter. Once notified, the applicant agrees to defend. indernnifv. at~d hold harmless the City, its officers, agents and employees from ors}' claims ackzan Cir prcrceed~ng against the Citg• of ;?an Bernardino. The applicant further agrees to reimburse the City of any cots Y and attorneys` fees which the t~it~- nsa~• he rewired bc- a court to pati- as a rFSU3 t of such action. brit such particioative~ shall not relie~•e applicant of his ax her obligation under this condition. _-5_____-- lro vacant, relocated, altered, repaired or hereafter erected structure sha31 be occupied or nr~ - change of use of I and car sl:ructure4 a ~ sha3 1 be iz~auge~rated. err no nee: business commenced as authorized by this permit until a Certificate of t~ccupaney has been issued br the 1)e partment. 4 temporaz•y Certificate of f3ecu~aancy r~a~r tae issued h~~ the Department subject to the conditions imposed on th€~ use, provided that a deposit is filed with the 13epart-nent of Public Works prior to the issuance of the Certificate of Occupancy. The denasit or security shall guarantee the faithful performance and campietian of all terms, conditions ancC performance standards imposed on the intended use by this permit. Prior to the issuance of a Certificate of (3ceupancy, the 3,sndokner shell file- a maintenance agreement ar covenant and easement to enter and maintain, subject to the apprc,v8l of the Cit~• Attorney. The agreement or covenant and easement to easter and maintain shall ensure that if the landowner, or subsequent owr~er{s), fails to maintain the required/installed site iznpravements, the City will be able to file an appropriate lien(s) against the propert<< in order to accomplish the required maintenance, Ft~su.alf3 p i pF ~ q.tgpy CITY OF SAN BERNARDfNO P~.ANNING AND BUtLDrNG SERIIlCES DEPARTMENT ~~~ CASE CUP 93--1 ~ -_ AC~NDAiT~M HFAI~ING aATE ` PAGE ~.M. Ps.µ-eun ~~~ ~ a~ r f4-~n1 CITI~ dF SAN I3ERNARDINO PLANNIhI~ Af~1D EUILUING SERVICES DEPARTMEI\!T ~~ CASE CLIP 93-14 AG~1~DR I1"EM ~ H~A~tII~IG t3AT~ b- ~ 2 -~9 3 .~ PAG ~ l_ ~ __ ___7'__-,_,_ This permit or aP~,roval is subject to al l the applicable Prop~isinr~5 of the Devetapment (;ode in effect at the time= of approval. This includes Chapter 19.2Q - Pro~sertY Development Standards, and includes: dust ar~d dirt control during construction and grading activities; errrissicrn control of fumes, vapors. gases and other forms of air Pflllution; glare control exterior li.gFtting design anal control; noise control; odor control; screening, signs, off-street ~ arking and off-street loadi[tg; and, vibrati.ran ccfntral. Screening anr! aign regulations compliaaczce are important considerations to the developer because they will delatir the issuance of a Certificate of Occupancy until they az-e complied Kith. Any exterior structural equipment, or utility transformers, boxes. ducts or meter cabinets shall be architecturally screened by r:all tar structural element. blending with the building design and include landscaping when on the ground. R sign program for all new comz~ercial, office and industrial centers of three or more tenant spaces shall be approved by the Department prior to the issuance of a Certificate of Occupancy. This rectuire~rent also includes any applicable Land Use District Developanrent Standards f"or residential , commercial and industrial developments regarding minimum lot area, rainimura lot depth. and Width, minimum setbacks,. maxirium Freight. maximum lot coverage. etc. -8____-- Thi4 develo~~meret gF~a] l hP required to maintain a minimum of _~,_4~9 -_ standard off--street. narking spaces ac shokyn on the apprnt•ed plan(s? on file. ~.x~-a.tg 4~E ~ o~ , ta-eot CC3NDZ'I';~ NAB "SE PERNSIT NU . 93 -14 ~'~ AGEl~tL3A ITEM' HEARING BATE: 6-22-93 PAGE: 15 ATTACHMENT "C" 9. The establishment of any use in the remaining vacant space in the commercial center shall require a parking verification to accflmpany the required application {Development Permit, Conditional use Permit, etc.} for the use. In any case, no less than a Development Permit {Type I) shall be filed far verification of parking. Fc>r the establishment of any use in the center remaining open past 5:3(l, p.m., a revised shared parking analysis shall be provided as apart of the required parking verification to ensure no conflict exists between the proposed use and existing uses in the center, including the night club. Zo_ Any extension of operating hours by an existing use in the center later than those currently established shall require a development Permit (Type T) Parking verification to include a revised shared parking analysis to ensure that no parking conflict is created by the change. I1 ~. . I~ny_ special-events- ~~d- at t~a.e-night elub~ outsic3~.th. prepssed--- operating-hrsurs,of Wedne.y--- t~xr+aaagia.-,~unc~ay,- ~.:-t~-0--~,...m-. ~.~~-~~~-- p_m..- ~h~.1.,,7r-.~ -sub.}e~ct- ~',ra.. r,+~~xie~--aad~- ~ppr~va~.~- ~€- ~• -~'epora~y Use Permit Application. In addition to the requirements ci'uif 1~.=c~= ~i~rr-C'ha~s~cr~ 3.9-. ~ 8~ -•th.~ -i3e~re~-apYner~t -Cr~d~- -witfs- ~reg~rr~ try --~'prar,~..Us~ „ ~e-its , - - dumentat~.~ - -mad- - -be- -wired ~a~i~~.~,-i-ti.~cg- the--a~.l-~i1~..~~,f--gu--psi~rg---~e7r---tfie durat~tan` -of` _ thy' - ~pe~-a-I - ems: - ~ -, - ~mpvx.a r~r- - ~, _ -fie rm~.~t subttc~d` - f o~ ~a- ~pa~,i-a~~ ~- -anent -shall - be - ~-muted- - t~ -t~x~e- - F3r~ r?e~aa-r~me~ ; ., w - P~~i ce- _ - -~Be~-~,~:m,e~ _ _ - f - ~ _ d~ rm~-Yra t~.rnr ~ ., .. ~.~ o~e~-~~~iat-i-~z~-~€-ad~egn~-t-e~~-rrgr~ess-begs;--c~reywc~; -~af~~.-c-ar~d pang-~c~a~tr~sl-~.. ~.~ad-~ge~.y -.scar:~e._. _ -~,~t -lei -t~a~~y-da-ys l-~a~- ~: ime- s~rt~t3ld- ~ ~~ l~~d, € ~Src~e~s in~g pr for Via- the -~crerr~. I2. "No loiteringitl signs shall be pasted in the parking lot with management enfr~rcing the signs. 1.3. Exterior lighting shall be sufficient and properly maintained to illuminate all areas of the exterior of the building and parking lot fc~r easy detecta.cn of all suspicious and criminal activity. 1.4. Entertainment prov,~..ded shall not be audible beyond the area under control of the licensee. 15. Security shall be provided and maintained at all times as described in the letter dated ~"une 2, 193 from Toomey & Associates. All of the security guards will be properly licensed by the State of California. CC3NDTTIflNA USE PE IT ND. 93-14 Replace Condition No, 11 on Page 15 of the Staff Report with the following: 11. Any special events proposed to be held at the night c~,ub between the hours of 1:30 a. m. to 5:00 p.m., Sunday through Saturday, shall be subject to review and approval of a Temporary Use Permit Application. In addition to the ret~uirements outlined in Chapter ~.~, 7d of the Development Cade with regard to Temporary Use Permits, dacuz~entation :nay be required exhibiting the avail ability at adequate parking for the duration of the special event. Any Temporary Usa Permit submitted for a special events shall be ranted to the Fire Department and Police Department far deter~tination and coordination of adequate ingress/egress, crowd, traffic and parking control, and emergency services. At Least thirty days lead time should be allowed far processing the Temporary Use Permit prior to the event. Delete. Building and Safety Division Standard Requirement No. 22. The building is presently existing, This standard requa.rement is only for construction of new buildings and was inadvertently added by Building and Safety. EXh,~+ Z yrur:nua~ w,:~=.~=-: ~ . ~ CITY 4F ~r~~~ ~E~'~~iJ~.i~~NO zk,~~,. ~--~,"° p H"tv t" ` ST~TEMEi~'T Off' OF~'ICTAL ~T.~ANi~I'1~G C®M1t~ISSIOr ACTICy? PI~~~ECT Nu~r-ber: Conditional Use Perix~it Nc~. 93- ~~ ,!address: 295 E Caroline Street Owner: Club Ce€~ter Investors -~ipplicant: .Tony De[laeifn & Kirby Bond Description: To a~ner~d the conditions of approval fc~r Conditional Use Perrriit No. g3- l~ to extend clnb operating hours (for New West/Gotham Club) from 1:3Q a.m. on Thursday , Friday, Saturday and Suza.day morning until 2:{]Q a.m, each morning. The sub~}ect property is an irregularly shaped parcel of land consisting of about 1.6.21 acres locaied west of Waterman Avenue, ora the south side of Caroline Street at 29S F. Caroline Street. ACT~QN: Alaproved Meeting Date: Decer~~ber 19, 2t7O~ The Planning Commission approved the request with the arr~endznent of the days of operation to Wednesday, Thursday, Friday, and Saturday. VOTE Ayes: .Derry, Darr; Ertciso, Lockett, Ramirez, Sauerbrun, Thrasher Nays: None. Abstain: None Absent: Coute, Garcia, Welch Tl~e decision of the Punning Commissian is final unless a written appeal is filed, with the apprr~priate fee, wiChin 15 days of the Planning Commission's action., pursuant to Section 19.52. IOCI of the Municipal (Development) Code. 1' iaereby certify that this Statement o1` Official Action accurately reflects the final determination of the Planning Comrt~ission of the City of San. Bernardino. ~~ ~. ~~- Valerie Ross, Principal Planner Date cc: Case File; Department File, Address File ~7~.~1~'1~~CZT~£~F SAN BER.NARDZNQ PLANNING DZ'~ZS~ON CASE: Conditional Use Permit 93-14 AGENDA. ITEM: 1 Z-ZEARZNG DA'Z`E:. November 8, 2000 WARD: 3 APPLICANT: OWNER: Tony Delheim & Kirby Bond Club Center inverters 22Q0 E. River Raad; Suite X126 295 E. Caroline Street Tucson, AZ 85"7I $ San Bernardino, CA 92408 REC~UESTIZ~OCATION: The applicant requests approval to amend cc~nditians of Conditional Use Permit No. 93- 14 and extend club operating hours far I~ew West Gotham CIub, originally closing at I.30 a.m. on Thursday, Friday, Saturday and Sunday morning to extend until 4:00 a.rn. each morning, located at 295 E. Carmine Street (APN 0164-321-68), in the CR-3, Commercial Regional land use district. Ct~N'STRAINTSIC3'~ERLA'YS: Nflt Applicable ll~:N~ZRUNMEI'~TAL FZNDZNGS: ^ Not Applicable G,~ Exempt, Section 15301, Existing Facilities ^ Nn Significant Effects ^ Potential Effects, Mitigation Measures and Mitigation Monitoring/Reportiztg Plan STAFF RECCIMMENZ)ATTC3N © Approval © Conditinrxs © Denial ^ Cnntinuazzce to: Condxaff --''Ise Perr€it No. 93-14(Ct]P No. 00-17) 1•learing ,Date: Novern~er 8, 2040 Page )~E UEST ,4IVI? LOrCATIt7?~' The applicant requests approval of an arrrendrnent to conditions Nn. 00-I7 of Conditional tJse Permit No. 93-14, pursuant to Develc~prnent Code .Section 19.34.080, to change the closing time for the New West Gothaan Club from 1:30 a.m. to 4:00 a.m. on Thursday,. Friday, Saturday, and Sunday marninb. The club occupies 44,764 square feet in a rr~uIti- tenant center located at 295 E. Cartaline Street in the CR-3, Commercial Regional land use district. BACK~>I2a>~N~ 'I'he Planning Corninission originally approved the application foz Conditional L7se Permit No. 93-14, on June ?2, 1993. The hatzrs of operation were established--for Wednesday through Sunday, 5:00 p.m. to 1:30 a.rn. The nightclub would remain closed on Monday and Tuesday. The club was originally established with a county western theme. The nightclub includes the sale of alcoholic beverages (beer, wine, and well-drinks} far an-site consumption, live entertainment, a disc jockey, dancing, and billiards. Occasionally {approximately once per month}, the Iive entertainment may include headline acts. The zequest for an amendment to Canditior~al Use Permit No. 93-14 was reviewed by the Develaprr~ent Review Committee (DRC) and cleared. to the Planning Coznrriission on September 28, 2000. '........... ' ~ T CALIFC3R'~~A,:E?~F'V'~RaNMINT,AL ~~ALZTY A~~T The proposal is categaxicalIy exempt from the Califaznia Environanental Quality Act (CEQA}.pursuant to Section 15301 of the CEQA Guidelines, which exempts the operation, repair, maintenance, or miner alteration of existing structures ar facilities rent expanding existing uses. ~ISC~.JSS~aN The Police Departrrrent believes that extending the h©urs would irr~pact the provision of Police Services. Attachment D. As a result, staff believes the proposal conflicts with Conditional Use Permit Finding § 19.34.050 (7} which states that "there are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety." Extending the hours will be detrimental to the public interest, health, safety, convenience ax welfare of the City because additional police .resources would be required to monitor activities and respond to incidents at the venue during the added hours of operation. General Plan Objective l .4.3 states "it shall he the policy of the City of San Bernardino to require Police Depaxtxnent review of uses which array be characterized 1~istoxicall}r by high Conditic ~ " "lse Permit Na. 93-14{CUP Alo. DO-17) Hearing .pate: November $, ?(10~ Page 3 of control of use to prevent adverse impacts on adjacent residences, schools, religia~us facilities, and similar "sensifive" uses. Based on Police Department's concerns, the proposal. is inconsistent with. this objective C~I~CL'11ST4N The amendment to conditions does meet the Findings ofFact. ItECC~MNIEI~DATI~N Staffrecaz~irr~ends the, Planning Co~nmissi©n: 1. Deny the azraendment to canditions to extend the club hours on Thursday, Friday, Saturday and. Sunday mornings from l_3Q a.rn. to 4:Oa a.m. based on the coaafIict with the Findings of Fact. Respectfully Submitted, ~V'illiam Woolard i:nterirn Director, Development Services J Sylvia. ;l arez J ~! Assistant Planner Attachment A Location Map Attachrr~ent B Situ .Plans Attachment C Applicant's request tc~ mend the canditions for CUP 93-1~- Attachrnent D San Ben~ardinn Paiiee Department IntEraffice Memorandum 12 1 2 J 4 S 6 7 8 9 I0 11 1.2 13 14 15 1b 17 1.$ 19 20 21 22 23 24 2S 26 27 2$ DECLARATION OF OFFICER ANNA STEWART I, Anz~.a Stewart, declare: 1. I arrz a police officer with the San Bernardino Police Department ("SBPD"). I ain currently assigned to the Patrol Division of the SBPD. I Dave been einpl.oyed by the SBPD for more titan a year. Before that. I was employed as a Deputy Sheriff for San Bez~.ardina County i for three years. I have personal knowledge of the facts stated in this declaration. 2. I caznpleted two classes in ding recognitiori training at the police acadezi~y before becoming an officer. In my employment as an officer, I have acquired additional experience in. drug recognition. I have training and experience in identifyiri the controlled substance MDMA, ~4 carznnonly l~nciwn as "ecstasy," by its physical. appearance in the tablet form in which it is most commonly sold an the street. 3. On Saturday, August 22, 2009, Saturday, August 29, 2009, and. IWriday, November 6, 2009, I was assigned to work as an undercover officer for investigations into possible illegal. drug trafficking at the .Hudson Theater, located at 295 E. Caroline Street in San Bernardino. The investigations were to take place during three events at the theater that began on those dates. On each of those dates, I made multiple purchases of suspected IvIDMA from other attendees while inside the Hudson Theater at the events. The transactions occurred as explained in the following paragraphs. AUGUST 22-23 2009 DRUG PURCHASES AT HUDSON TREATER 4. After attending a briefing on August 22, 2009 at about 8 p.in., I entered the Hudson Theater at about 9 p.m, to attend the event on that date, which was billed as a "rave" party. There were security guards stationed at the entrance. They were searching the male attendees, but not thoroughly, only patting them down briefly. Na one was searching the female attendees, other than checking their purses and making them remove any hats they were wearing. I was not searched at any time. Unknown white male seller -- two tablets 5. At about 9:30 p.in. on August 22, 2009, I made contact with a white male adult on the dance floor inside the Hudson Theater. This individual had no shirt an, and was wearing a 1 2 3 4 S 6 7 8 9 10 it I2 13 14 15 16 17 I8 19 20 2l 22 23 I 24 25 26 27 28 white bandanna around his neck. I asked him far some "l ," a common street term for ecstasy, and he said he had sni~ne. He agreed to sell me twa tablets for $20. 1 gave hi~n X20 ar~d he handed rae two tablets that, from my training and experience in drug recognition, I recognized as probable MDMA. I later delivered the table#s to SBPD Officer Cogswell. The seller was never identified or apprehended. C.B. -two tablets 6. At about 9:45 p.m. nn August 22, 2009, ] anade contact with a white male juvenile, later identified as C.B., on the dance floor inside. the Hudson Theater. I asked C.B. for some "E," a street term for MDMA. C.B. said he did have some "E," and he agreed to sell me. two tablets for X20. l gave hizn $20 and he handed me two tablets that, from my training and experience in drug recagnition, I recognized as probable MDMA. I later delivered the tablets to SBPD Officer Cogswell. Unknown white zxaale seller -- two tablets 7. At about the sarrze time an August 22, 2009 tha# I made the buy described in the preceding paragraph., I also made contact with a white male adult on the dance floor inside the Hudson Theater. This individual had on a black shirt and blue jeans. I asked hiin for some "E" and. he said Ise had some. He agreed to sell. e two tablets for X20. I gave him $20 and he handed rrae two tablets that, from my training a~~d experience in drug recognition, I recognized as probable MDMA. I Later delivered the tablets to SBPD Officer Cogswell. The seller was never identified or apprehended. M.V. - o~~e tablet 8. At about 10 p.rrz. on August 22, 2009, I made contact with a Hispanic male juvenile, later identified as M.V., on the dance floor inside the Hudson Theater. I asked M.V. for some "E." M.V. said he did have ecstasy, and he agreed to sell me nne tablet far X10. I gave him '' X20 and he handed me one tablet that, from my training anal experience in drug recognition, I recognized as probable MDMA. M.V. left and said he would return with my change, but he did not return. I later delivered the tablet to SBPD Officer Taack. llI 2 1 2 3 4 S b 7 8 9 10 11 I2 l3 14 15 16 17 I8 19' 20 2l 22 23 24 25 26 27 28 3osirua H__a_h_ away -two tablets 9. At about 10:30 p.na. on August 22, 2009, I rx~ade contact with a white or Hispanic male adult, later identified as Joshua Hathaway, on the dance Hoar inside the Hudson Theater. I asked Hathaway for some ecstasy. Hathaway agreed to sell me two tablets of ecstasy for $20. I gave him $20 and he handed me two tablets that, fiozx~ my training and experience in drug recognition, I recognized as pr..c~bable MDMA. I later ddlivered the tablets to SBPD Officer Vega. Unknown sellers -two tablets 10. At about l 1:20 p.m. on August 22, 2009, I made contact with an Asian adult male who was seated at a table near the dance floor inside the Hudson Theater. I asked him for some "E." He agreed to sell. me two tablets of ecstasy for X20. I gave hi~n $20 and he told a white female seated with him to give me the pills. She reached into her purse and pulled out two tablets that, from my training and experience in drug recognition, I recognized as probable MDMA. She put the two tablets in my hand. I later delivered the tablets to SBPD Officer Vega. Neither the male nor the female was evex identified. or apprehended. AUGUST 29 2009 DRUG PURCHASES AT HUDSON THEATER 11. After attending a briefing on August 29, 2009 at about 8 p.m., I entered the Hudson Theater to attend t1~e event on that date, which was billed as a "rave" party. Again, tl7e security guards at the theater entrance were not searchi~~g the male attendees thoroughly, but only pattzng them down briefly. The female attendees were not being searched, and I entered the theater without being searched at al. Carlos Sanchez -two tablets 12. At about 9:45 p.~n. on August 29, 2009, I was at the rave event being held inside th.e Hudson Theater and made contact with a Hispanic male adult, later identified. as Carlos Sanchez. I asked. Sanchez for some "E." Sanchez said he had some "E," and agreed to sell xrze two tablets for $20. I handed Sanchez S20 and he handed me two tablets. From my training and experience iz~ drug recagnition, I recognized the tablets as probable MDMA. I later delivered the tablets to SBPD Officer Cogswell. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I '7 1$ 19 20 21 22 23 24 25 2~ 27 28 Carzaeron Cha man -four tablets 13. Within a few minutes of the MDMA purchase described in the preceding paragraph, I made contact with a white male adult, later identifed as Cameron Chapman, at the rave event inside the Hudson Theater. I asked Chapman if lae had any "E" for sale. Chapman. asked me how -many I wanted. I asked far two, and he said he had both yellow and red, and that tlae red pills were very goad. I then asked for two yellow and two red, and handed Chapman X40. Chapman gave me four tablets. From my training and experience in drug recognition,, I recognized the tablets as probable MDMA. I later delivered the tablets to SBPD Officer Gerald BeaI1. C.P.- tvvo tablets 14. At about 10:10 p.m. on August 29, 2049, I vas walking through the rave event being held inside the Hudson Theater and approached a white male juvenile, later identified. by name and refen•ed to in this declaration as C.P. I asked C.I'. if he had any "E" for sale. C.P. said he did, and asked if I needed. same. I said I did., and he asked zne how many pills I wanted to buy. I said I wanted. twa, and he said the cost would be $10 per pill I handed C.P. X20 and he handed me t~va tablets. From. my training and experience in dnag recognition, I recognized fhe tablets as probable MDMA, I later delivered the tablets to Officer Beall. Kwok Leun _ =two f~blets 15. At about 1.0:25 p.m. on August 29, 2009,1 was at the rave event being held inside the Hudson Theater anal made contact with an Asian male adult, later identified as Kwok Luang. I asked Leurzg for some "E." Leung said he had. some "E," and agreed to sell. me two tablets for X20. I handed Leung $20 and he handed me two tablets. From my training and experience in drug recognition, I recognized the tablets as probable MDMA. I later delivered the tablets to SBPD Officer Cogswell. I'~Iiehael Tafoya ~ two tablets 1G. At about 1.0:30 p.m. on August 29, 2009, I was at the rave event being held inside the Hudson Theater and made contact with a white or Hispanic male adult, Iater identified as Michael Tafoya. I asked Tafoya for some "E." Tafaya said he had some "E," and agreed to sell 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S lb 17 1.8 19' 20 21 22 23 24 2S 26 27 28 me two tablets for $20. l handed. Tafoya $20 and he handed me two tablets. From my training anal experience in drug recognition, I recognized. the tablets as probable MDMA. I later delivered the tablets to SBl'D Officer Ernest Luna. Unknown His anic rnale seller -one tablet 17. Within a few minutes of the MDMA purchase described in the preceding paragraph, I approached an unknown white male subject inside the Hudson Theater. I asked him if he had any "E" for sale, and he asked how many I wanted. I told hurl I just wanted one tablet. The subject advised rr~e to wait and he would find his friend. A few rrioents later, a Hispanic male adult approached me. This individual had no shirt on, and was wearing dark jeans. I gave him ~ 10 and he handed me one tablet that, from my training and experience in drug rccagnitian, I recognized as probable MDMA. I later delivered the tablet to Officer Beall. The seller was never identified or apprehended. Jeremy Elias -two tablets 18. At about 11:30 p.ixi. on August 29, 2009, I was walking through the rave event being held inside the Hudson Theater and approached a Hispanic male adult, later identified as Jeremy Elias. I asked Elias if lae had any "E" for sale. Elias asked n~.e how iriaiay I wanted, and I said I wanted two tablets. Elias handed n3e two tablets and I gave him X20. From my training and experience in drug recagnitioxi, I recognized the tablets as probable MDMA. I later delivered the tablets to Officer Beall. J.R. -two tablets 19. At about 11:35 p.m. on August 29, 2009, I was walking through the rave event being held. inside the Hudson Theater and. approached a Hispanic male juvenile, later identified as J.R. I asked J.R. if he kaad any "E" for sale. J.R. asked rxie how many I wanted, anal I said. I wanted two tablets. J.R. handed me two tablets and I gave hixri $20. From my training and experience in drug recognition, I recognized the tablets as probable MDMA. I later delivered the tablets to Officer Beall.. NOVEMBER 6 2009 DRUG PURCHASES AT HUDSON THEATER 20. After attending a briefing on November 6, 2009 at about '7 p.m., I entered the 5 1 -, 4 S h 7 8 9 10 Il 12 13 14 IS 16 I7 l8 I9 20 2I 22 23 24 25 2b 27 28 Hudson Theater to attend the event on that date: While at the event I made the following undercover purchases of probable MDMA from. other attendees. R uel Gorr~ez -one tablet 2l . Shortly before I I p.rrf. on November 6, 2009, undercover SBPD C}fhcer Elizabeth Contreras and I were inside the women's restroom at the Hudson. Theater when I was approached by a Hispanic ferrule adult, later identified as Raquel Gomez. Gomez was aggressively approaching all. of the women inside the restrnoxrt and asking if they wanted to purchase pills (MDIVIA). I told Gomez that I wanted to malre a purchase and Gomez asked haw many I wanted. I asked for one tablet and, handed Gomez a $10 bill. Gomez handed zne one tablet that, frorx~ my training and experience in drug recognition, I recognized as probable MDMA. I later delivered the tablet to Officer Luna. Unknown Hispa~?ic female seller W ore tablet 22. Shortly before 11:45 p.m. on November G, 2009, while I was inside the Hudson Theater at the event on that date, I was approached by a Hispanic female adult subject wha offered to sell me an amount of MDMA. T told the subject I was interested in purchasing MDMA and gave her $10. The subject gave me ane tablet that, from my training and experience in drag recognition,l recognized as probable MDMA. I later delivered the tablet to Officer Luna. The seller was never identified or apprehended, G.Z. -one tablet 23. Shortly before 1.1:45 p.m, on November 6, 2009, while I was inside the Hudson Theater at the event on that date, I approached a Hispanic male juvenile, later identified. as G.Z., and asked whethex he had any "thizz," a street slang term. for MDMA. G.Z. said yes, and asked how mach I wanted. I asked for one tablet, and handed two $S bills to G.Z. He handed me a tablet that, fi-orn my training and experience in drug recognition, I recognized as probable MDMA. I later delivered the tablet to Officer Luna. CONDUCT OF HUDSON THEATER SECURITY GUARDS 24. On August 22, August 29, and November 6, 2009, private security guards were on the Hudson Theater dance floor when I made the drug buys described. previously. However, they 6 1 2 3 4 6 7 8 9 ]0 11 12 13 1.4 1S 16 17 18 19 20 21 Zz 23 24 25 26 27 2$ were not patrolling the Hoar, but mostly stayed. close to the walls without mingling with tl~e patrons. Occasionally a~~e of them would walk around, but without making any viszble effort to see if drug trafficking was going on. As a result, it was easy fog- me to rr~ake the buys without ', being seen by the guards. l.f the guards had walked. around the dance floor they would have been in a position to see the buys being nnade. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and. correct. Executed on. 7 ANNA STEWAR.T 13 1 h 5 6 7 S 9 10 11 l2 13 I4 I.5 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF GERALD ALAN WILLIAMS I, Gerald. Alan. Williams, declare: 1, 1 am aver the age of 1$ and a resident of the City of San Ber~~.ardino. 1 have personal 1~~owIedge of the facts stated i.n this declaration. 2. I live in asingle-family house at ] 841. Manchester Lane with my wife and our two young children. Our house is approximately are-quarter. (114) rr~ile fiom the Hudson Theater, located at 295 E. Caroline Street. We have resided in thatlouse since June of 20Q5. 3. 1~or over. one and are-half (I ~/~) years, the Hudson. Theater has been playing music loud: enough to be clearly heard in nay home throughout the night on Friday anal Saturday nights. The ~~nusic is often loud enough to shake the windows ofmy home. 4: I currently work as a physician in a local. Pediatric Intensive Care Unit and work 30 hour shifts. The noise coming from the Hudson. Theater at night prohibits me from being able to sleep appropriately prior to my shifts. S. The raise coming from. the Hudson Theater is a significant burden an zny family. Rather than spending time with our children on weekends, my wife and I are often exhausted due to the lack of sleep secondary to the noise level. and also from talking to the Police Department regarding this issue throughout the night. 6. I have expressed these concerns to Mr. Sherzxa.an on multiple occasions. Each time he has promised zne that the ~~oise level will be reduced. However the promised changes have never occurred. 7. On one occasion. I: discussed the problems the Hudson Theater is causing my family and. me with Mrs. Sherman and xequested the noise be reduced to a level that would. allo~xr 111 111 111 111 111 111 DECLARATION OF GERALD ALAN WILLIAMS l 2 3 4 S 6 7 9 1.0 11. 12 13 14 ]~ ~6 17 18 19 20 2 1. 22 23 24 25 26 27 28 my family and others in the neighborhood to sleep during the night. She refused and replied that such a request was "unreasonable." I declare antler penalty of per~uiy antler the laws of the State of California that the foregoing is true and correct. Executed on December 1, ?009, at San Bernardino, California. _.. ___ _ ---ry-_._ ~~~.~ __-_.-_ GER.AL~D ALAT~~ WILLIAMS 2 DECLAR.ATIO~? OP GERALll ALAN WII.,L,IAMS 14 1 7 3 4 S 6 7 8. 9 I0 11 12 13 14 1S 16 17 1.8 19 20 21' 22 I! ~3 ~4 i ~~ 26 27 28 DECLARATION OF LISA M. WILLIAMS I, Lisa M. Williams, declare: I. I azx~ over the age of 18 anal a resident of the City of San Bernardino. I have personal. knowledge of the facts stated in this declaration. 2. I Iive in asingle-family house at 1.84 E. Manchester Lane with my husband and nur three- and six-year-old sons. Our house is about one quarter (114) mile from the Hudson. ', Theater, located at 295 E. Caroline Street. We have resided in that house since June of 2005. 3. For at least the past year and a half, the Hudson •Theater has been presenting musical events billed as "rave" concerts on a regular basis. These concerts usually take place on weekend, nights and last until 5 o`clock the next z~norning. While these concerts axe going on, extremely loud, amplified music comes from the Hudson Theater and can be heard clearly at my house. The rrausic continually disrupts our peace and we are unable to sleep. At times, the vibrations from the z~usic are so strong that our windows rattle and. our walls shake. Our sans become frightened by the music and are unable to sleep. 4. When the music becomes unbearable I call the San Bernardino Police Department and they send officers out. The officers wine to my house, hear the n:ausic from. the Hudson Theater, and then go to the theater. Sometimes, the music is then lowered temporarily, but goes back up within minutes. Other times, the volu~~e of the music goes completely unchanged. Because of this, an many occasions I have called the police two ar three times in a single evening without the music volume being lowered enough so t11at I can sleep. 5. By way of example, earlier this year I called the police because of the music multiple times during the event that took place at the Hudson Theater from Saturday, June 13 to Sunday, June 14. The fallowing weekend, I called the police again during th.e event f1-om Saturday, June 20 to Sunday, June 2l . At one point I was calling the police several times each. weekend. However, as there has never been. a positive change, I felt that it was a waste of valuable police resources, and have called less f~rec~uently. My frustration has continued to grow as there continues to be no chatage. My last anise complaint to the police was Saturday, November 7. 1 1 2 3 4 5 5 7 S 9 j0 ~l 12 13 14 ]5 16 17 IS I9 za LI i~ 23 24 `' S ,2b 27 28 fi. 1 have personally contacted the ow~-~ers of the Hudson Theater,lVlr. and Mrs. Sherman, about the problem. They have been to n1y house at a time when concerts were going on at tl7e theater and the music could clearly be heard at rrty house. Mrs. Sherman stated that this is their business and that we are the apes who need to be reasonable about the volume ofthe music. Mr. Shenr~an has promised me repeatedly that they will lower the music volume, but as I said before it is never lowered for more than a chart tinae'befnre it Qoes bacl~ up main. I declare under penalty of perjury under the laws of the State of California that the foregoing is true ax~.d correct. Executed an December 1, 20Q9 at San Bernardino, California. ~. ~ LISA M. WILLIAMS 2 1 2 3 4 S 6 7 9 10 1.1 12 13 14 1S 16 17 18 l9 20 21 22 23 24 25 2b 27 28 TAMES F. PENMAN, City Attorney State Bar No. 917b1 JOLENA E. GRIDER, Seniox Deputy City Attorney State Bar Nn. 195289 DONN DIMICHELE, Deputy City Attorney State Bar No. 84935 300 North D Street San Ben~ardino, California 9241.$ Telephone: (909) 384-5355 Facsimile: {909) 3$4-5238 Attarneys for Plaintiff PEOPLE OF THE STATE OF CALIFORNIA Na Filing Fee Per Gove~°n~7aent Code x'6103 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DERNARDINO PEOPLE OF "1"HE STATE OF CALIFORNIA, b}~ anal through James F. Penman, City Attorney of the City of San Bernardino, vs. Plaintiff, ~ MARGARET SHERMAN, MICHAEL '~ SHER1'VIAN, and RAJAS ZAROUR, doing business as THE HUDSON THEATER; CCI CLUB SB LLC; DOES 1 through 20, inclusive, Defendants. CASTE NO. CTVDS 917$$1 SECOND SET OF DECI,ARA'l'IONS IN SUPPORT OF MOTION FOR PRELIMINARY IN.IUNCTION Date: 1Vlarrh l0, 201.0 Time: 8:30 a.m. Dept: S32 .lodge: Hoa. Janet Frangie Action Filed: Decezx~ber 22; 2009 Plaintiff the People of tl~e State of California, by and through James F. Pemnan, City Attorney of the City of San Bernardino, respectfully submit the attached declarations in support of plaintiff's Motion for a Preliminary Injunction filed on January 29, 2010. These declarations were not available when the Motion was filed and therefore are submitted now. The declarations are ti~xzely under Code of Civil Procedure section 1005(b), as they are submitted 16 court days SECOND SET OF DECLARATIONS IN SUPPORT OF iv10TION FOR PREIrIMI1~iARY P~TJLJ?v~CTION i 3 4 5 6 7 8 9 10 11 12 L3 14 IS 16 ;, ~ 18 19 20 21 22 23 24 25 26 27 28 prier to the hearing on tl~e Motion, scheduled for March 10, 2010. '~ PLEASE NOTE: Tabs for these declarations continue sequentially from those used for plaintiff's first set of declarations file in support of the Motion on. January 29, 201.0. TABLE ®F C®NTENTS T.4B N®. DECLARANT I5. Officer Gerald Beall. 16. Officer Joshua Cogswell 17. Officer Toby Reveler 18. Officer Arturo Reyna f9. Officer Joseph Valdivia 20. Officer Jesus Vega 21. Officer Anthony White DATED: February 9, 20I0 JAMES F. PENMAN, City Attorney JOLENA E. GRIDER, .Deputy City Attorney DONN D ., ICHELE, puty C~ Attorney By: ~~." .~~. DaAzr•~ Dimiehele Attnr~~eys for Plaintiff 2 SEC01v'D SIFT OF DIJCLARATIONS I7~' SUPPORT OI~ MOTION FOA PRELIMTNARY INJ-CTNCTION 15 1 2 3 4 S 6 7 8 9 10 11 12 13 1.4 15 16 1'7 l8 19 20 2I 22 23 24 25 26 27 28 I DECLARATION OF OFFICER GERALD BEALL I, Officer Gerald Beall, declare: I. I am a San. Bez-nardino Police Department (``SBPD") Officer. I arri currently assigned to the Narcotics Division of the SBPD, as a naz-cotics investigator. I have been employed by the SBPD sinee July 2002. I have personal knowledge of the facts stated in this I declaration.. 2. I have received specialized training from the Riverside Cou~~ty Shez-iffs Department, San ]3ernardino County Sheriffs Department, Department of Justice (DOJ), Drug Enforcement Adxrzinistration (DEA), Federal Law Enforcement Training Center (FLETC), and other law enforcement agezlcies in the area of illicit drugs/narcotics. Through this training; I have. leanied various methads used to zrzanufacture, sell., possess anal ingest various illicit substances, including but not limited to marijuana, cocaine, cocaine base, zrz.ethainphetamine, PCP, heroin azid MDMA, cazxzmonly known. as "ecstasy." I have handled, and in an undercover rale have purchased and/az- sold, numerous illegal. street drugs, including MDMA, dozens of times duz-ing ', zny career. 117ave made and. assisted in hundreds arrests in which illegal drugs, including MDMA, were taken into evidence. Through this experience I have become faznil.iar with the physical appearance and characteristics of MDMA. TUL Y 1 S, 2009 DRUG TRANSACTION AT,HU DSON THEATER Michael Orgill _ oi-ze tablet 1VIDM.A 3. Dn Saturday, July 18, 20{}9, I was assigned to work as an undercover officer in an investigation. rota possible illicit drug traffzcki~ig at the Hudson Theater, located at 295 E. Caroline Street in San Bezxiardino. The investigation was to take place during an event at the theater beginning on that date that was billed as a "rave" party. My assignment was to look for persons selling illicit drugs in the parking lot area of the theater, al~d to tzy to buy drugs froze them. 4. At about 12:05 a.m. an Sunday, July 19, 2009, I approached. a white male adult, later identified as Michael Orgill, wha I saw loitering araui~d the theater entrance. He offered me X30 if I could get hii~ a ticket to the rave event. I tall Orgill I would trade him a ticket for some t DECLARATION OF OFFICER GERALD BEALL IN SUPPORT OF MOTION FOR PRI;LIMI'`ARY rN~uNCTION 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 1S I6 1'7 18 19 20 21 22 23 24 25 26 27 28 ecstasy. He agreed, left for awhile, and then returned and showed me a tablet which he said was "like pure MDMA." 5. Orgill then. asked, "You really can get zne a ticket right?" I said yes, and directed Orgill to a side entrance to the theater, where 1 telephoned uniformed "takedown" officers and arranged to have Orgill arrested. Shortly after that, two uniformed officers arrived and arrested Orgill.. One of the officers, Officer Reveles, advised me lie had searched. Orgill anal found three suspected MDMA tablets on his person. (See Officer Reveles' declaration, filed concurrently.) 6. Later, at the SBPD conzznand post near the Hudson Theater, Officer Reveles gave zne the tablets he had found. an Orgill. I field tested. the tablets and they tested presumptively positive for MDMA. The presuzmptive field test used to test the tablets ezmplays a chemical reagent that, when applied to a substance containing MDMA, causes the resulting mixture to turn a distinctive color. AUGUST 29 2009 DRUG TRANSACTIONS AT HUDSON THEATER 7. On Saturday, August 29, 2009, I was assigned to work undercover as part of another investigation into possible illicit drug trafficking at the Hudson Theater. The investigation was to take place during an event at the theater beginning o7z that date that was billed as a "rave" party. My assignment was to provide close cover to three other undercover SBPD officers who would attempt to purchase illicit drugs at tl~.e Hudson Theater. I did not participate in any drug buys during the event, but I saw drug sales take place, performed field tests an suspected illicit drugs, and interrogated subjects suspected of selling illicit drugs, as explained in the following paragraphs. Cameron Chapman. -four tablets MDMA S. At about 9:50 p.rrz. on Augus# 29, 2009, I saw three undercover SBPD officers make contact with a white male adult, later identified as Cameron Chapman., on the dance floor inside the Hudson. Theater. I saw Officer Anna Stewart hand Chapman some United States currency, anal Chapman handed her some tablets. 9. In~inediately after that, Officer Stewart contacted me and gave ire four tablets that I recogziized as suspected MDMA. I later performed a field test on the tablets. The result was 2 DI/CLARATION OF OFFICER GERALD BIaALL IN SUPPORT OP MOTION FOR PRELIMINARY IN7UNCTION 1 3 4 S 7 8 9 10 l 1. 12 13 14 1S 15 17 l$ 19 20 2I 22 23 24 2S 26 27 2$ presumptive positive for MDMA.. C.P. -two tablets MD1V1A ] 0. At about 10:10 p.m. on August 29, 2009, I saw three undercover SBPD officers make contact with a white male juvenile, later identified as C.P., inside the Hudson Theater. I saw C.P. and Off;cer Anna Stewart conversing briefly. Officer Stewart handed C.P. some United States currency, and C.P. handed her same tablets. 11. Immediately after that, Officer Stewart contacted nee anal gave me two red tablets. I recognized them as suspected MDMA, and later performed a field test on them. The result was presumptive positive fnr MDMA. Unl~~awn. Hispanic male adult -one tablet. MDMA 12. At about 10:30 p.m. on Au:;ust 29, 2009, I saw three undercover SBI'D officers snake contact with. a male Hispanic adult subject inside the Hudson Theater. I saw Officer Anna Stewart hand the subject some United States curf•er~cy, and he handed her a tablet. 13. Immediately after that, Officer Stewart contacted ane and gave me the tablet. I recognized the tablet as suspected MDMA, and later performed a field test on the tablet. The result was presumptive positive for MDMA. 14. In the early morning fours of August 30, 2009, several undercover SBPD officers and 1 entered. the Hudson Theater to attempt to Locate the subject so he could be placed under arrest. Although we spent abo~zt an hour looking for the subject, we were unable to find him. Jeremy Elias -two tablets MDMA 15. At about 11:30 p.m, on August 29, 2009, 1 saw three undercover SBPD officers make contact with. a male Hispanic adult, later identified as Jeremy Elias, inside the Hudson Theater, I saw Elias and Officer Anna Stewart conversing. Officer Stewart handed >lias some United States currency, and Elias handed her two blue tablets. 1 fi. Immediately after that, Officer Stewart contacted me and gave one the two tablets. I. rccognizzed them as suspected MDMA, and later performed a field test on them. The result was presumptive positive far MDMA. 17. At about 1:45 a.m. an August 30, 2009, I interrogated Elias at the SBI'D 3 DECLARATION OF OFFICER GERALD BEALL I~ SUPPC)RT OF MOTION FOR PRELIMINARY IN.TUNCTION 1 2 3 4 5 b 7 S 9 10 ]1 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 2~ 27 28 command post near the Hudson Theater, where he was being held under arrest. After advising Elias of his eanstitutional rights, 1 asked him. hoiv many MDMA tablets he had sold at the event that evening. Elias said he had sold two tablets. He pointed out Officer Stewart as the person who had bought the tablets from him. J.R. -two tablets MDMA 18. At about 11.:35 p.m. an August 29, 2009, I saw throe undercover SBPD officers make contact with a male Hispanic juvenile, later identified. as J.R., inside the Hudson Theater. I I, saw J.R. and Officer Anna Stewart conversing. Officer Stewart handed J.R. soave United States currency, and he handed her some tablets. 19. Immediately after that, Officer Ste~rart contacted me and gave me two tablets. I ~'~, recognized them. as suspected MDMA, and later performed. a field test on them. The result was presumptive positive for MDMA. 20. At about 1:55 a.m. on August 30, 2009, I interrogated J.R. at the SBPD command post near the Hudson Theater, whore he was being held under. arrest. After advising ~.R. of his constitutional rights, I asked him how ~~nany MDMA tablets he had sold at the event that evening. 'i J.R. said he had. sold one tablet to Officer Stewart. Christia,~ Ramirez - t~vo tablets MDMA !, 21. At about 11:45 p.m. on August 29, 2009, I saw three undercover SBPD officers make contact with a male Hispanic adult, later identified as Christian Ramirez, inside the Hudson Theater. I saw Ramirez and Officer Tiffany Eanon conversing. Officer Emon handed Ramirez some United States currency, anal he handed her two tablets. 22. Immediately after that, Officer Emon contacted one and gave one the two tablets. I recagi~ized them as suspected MDMA, and later performed. a .held test on then. The result was presumptive positive for MDMA. 23. At about I:50 a.m. on August 30, 2009, I interrogated Ramirez at the SBPD command. post near the Hudson Theater, where he was being held under arrest. After advising Razxzircz of his constitutional rights, I asked him how many MDMA tablets he had sold at the event that evening. Ramirez said he had. sold two tablets. He pointed out Officer Emon as the DECI.,ARA't'ION OF OFFICER GERALD BEAU. IN SUPPORT OF MOTION FOR PRF.LIMI~IARY 17~ JiJNCTION 1 4 5 6 7 S 9 10 11 12 13 I4 15 15 17 ]8 19 20 21 22 23 24 25 26 27 28 person who had bought the tablets from him. CONDUCT OF HUDSON THEATER SECURITY OFFICERS 24. The Hudson Theater employs private security officers during its events. However, during the events I attended. I did not see the security officers rraake any effort to mix with the attendees, ~x~onitor attendees' activities, or do anything else to prevent or observe illicit drug transactions inside the theater. Inside the theater, the guards stayed bacl~ against the walls and kept away from tl~e dance floor where the drug transactions were occurring. If the guards had. walled the dance floor, they easily cou]d have seen these transactions occurring. I declare under penalty of perjury under the laws of the State of Califon~ia that the foregoing is true and correct. Executed o ~ ~~P'~`uf. r~~'-~ , 210, at San Benraardino, California. J/3 r~~._.._.,_.~~RALD BEALL _- DECLAIZA`I'ION OF OFFICER GERALD BEALL I~~ SUP]?ORT OF MOTION FOR PRI:I~IMII~~ARY INNNCTIUN 16 1 3 4 S 6 7 8 9 10 I1 12 13 ]. 4 IS I6 17 18 19 2a 21 22 23 24 25 26 27 28 DECLARATION OF OFFLCER JOSHUA. COGSV~~ELL I, Officer Joshua Cogswell, declare: 1. I am an Officer with the San. Bernardino Police Department ("SBPD"). I am currently assigned to the vice/narcatics division of the SBPD, I Dave been employed. by the ~ SBPD for the last 7 years. I have personal knowledge of the facts stated in this declaration. 2. I received training in controlled substance identilieatinn and investigation while attending the San Bernardino County Sheriff s Basic Academy. In addition, I have received 80 hours of training in basic narcotics investigation fram the Department of Justiee Bureau of Narcotic Enforcement. I have received. further training fram senior officers while participating in the Field Officers' Training Pragran~. I have had many occasions as a patrol officer to interview persons suspected of using, possessing, selling, anal manufacturing narcotics. I have 1ea~-~1ed from i~~terviewing these persons the street ternls pertaining to narcatics, the effects of narcotics, and the methods of ingesting, packaging, purchasing, selling anal manufacturing narcotics. 3. As a patrol officer, I have made nurneraus arrests in which suspected narcatics were taken into evidence. These narcatics have included cocaine, methamphetamine, marijuana, PCP, heroin, and MDMA (ecstaey). These narcotics were sent to the Sheriff s Crime Lab, where test results showed that thnsn narcotics were, in fact, cocaine, methamphetamine, i~~arijuana, PCP, heroin, and MDMA (ecstacy}. From this experience I have learned to identify probable MDMA from its physical characteristics. JULY 1.8-19 2009 DRUG TRANSACTIONS AT HUDSON THEATER Julio Luao -six tablets .MDMA 4. On Saturday, July 18, 2009, I was assigned to participate in an undercover investigation into possible illicit drug trafficking at the Hudson Theater, located at 295 E. Caroline Street in San Bernardino. The investigation was to take place during an event at the theater on July 18 and 19, 2009 that was billed as a "rave" party. My assigmnent was to work as .close cover officer and case agent an arrests for sales of illicit drugs at the event. One of zny duties was to work undercover inside the Hudson Theater, monitoring the activities of Officers Ernest Luna and Elizabeth Contreras, who would. attempt to purchase illicit drugs fram other 1 DECI,ARA'I"ION OF OFFICER JOSHUA COGS~r~LL IN SUPPOR'T' OF MOTION FOR PRELIMINARY INJUNCTION 1. 2 4 S 6 7 8 c~ 10 1l 12 13 14 1S 16 17 18 1.9 20 21. 22 23 24 25 26 27 28 I attendees at the event. 5. While 1 was inside the theater monitoring Officers Luna's and Contreras's i activities, I observed a Hispanic rriale adult, later identified as Julio Lugo, sell six tablets of what appeared to be MDMA to Officer Contreras. Later, tlae tablets were given. to ine and I performed a field test on them which showed them to be presumptive MDMA. The presurriptive field test that I used to test the tablets employs a chemical reagent that, when applied to a substance coi~itaining MDMA, causes the resulting nii~ture to turn a distinctive color. 6. SBI?D officers arrested Lugo in the early morning hours of July 19, 2009. After Lugo was arrested., I questioned him at the SBPD mobile command post near the Hudson. Theater. After I advised hiixi of his constitutional rights, Lugo admitted he had sold 20 MDMA tablets at the rave event at S10 a tablet. Michael Hang -one tablet MDMA 7. While I was inside the Hudson Theater monitoring Officers Luna's and Coirtreras's activities, I saw an Asian male adult, Iater identified as Michael I~nng, sell a tablet of what appeared to be MDMA to Officer Luna. Officer Luna later gave ine the tablet and I I performed a field test on it which showed it to be presumptive MDMA. 8. SB1'D officers arrested Hong at about 2 a.m. on July 19, 2009. After IIor-ig was arrested, I questioned him at the SBPD mobile coi-nmand post near the Hudson Theater. After I advised him of his constitutional rights, I-Iong adn7itted he had sold three or four MDMA tablets at the rave event at $10 a tablet. AUGUST 22-23 2009 DRUG TRANSACTIONS AT HUDSON THEATER C.B. -two tablets MDMA 9. On Saturday, August 22, 2009, 1 was assigned to participate in another undercover investigation i~ita passible illicit drug trafficking at the I-Iudson Theater. The investigation was to take place during an evei7t at the theater on August 22 and. 23, 2009 that was billed as a "rave" party. My assignment was to wark as close cover officer and case agent on arrests for sales of illicit drugs at the event. One of my duties was to work undercover inside the Hudson Theater, monitoring the activities of Officers Ernest Luna and Anna Stewart, who would. 2 DECLARATION OF OFFICER 30SHUA COGSWELL IN SUPPOR'T' OF MOTION FOR PRELIMINARY I~TJVNCTION 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 1~ 18 19 20 21 22 23 24 25 ~, 27 28 ~ attempt to purchase illicit drugs from other attendees at the event. 10. At about 9:45 p.rr~. on. August 22, 2009, while I was inside the Hudson. Theater, I saw Officers Luna and Stewart contact a white male juvenile, later identified as C.B. Officer Stewart have C.B. some paper currency and C.B. placed a small item in Officer Stewart's hand. 11. Later, Officer Stewart reported to me that she had bought ecstasy tablets from the subject, C.B., and banded nee two tablets that 1 immediately recognized as probable MDMA from my training and e~tperience. I performed. a field test on the tablets, which. showed them to be presumptive MDMA. 12. SBD officers arrested C.B. for possession for sale of a controlled substance. After C.B. was arrested., I cluestioa~ed hi~n at the SBPD mobile command past near the Hudson Theater. After I advised him of his constitutional rights, C.B. admitted. he had sold two MDMA ~i tablets to a blonde girl at the rave event at $S a tablet. Officer Stewart has blonde hair. I Unknown white male adult -two tablets MDMA ', 13. At about 9:45 p.m. on August 22, 2009, while I was inside the Hudson Theater, I saw Officers Luna and Stewart rnake contact with an unknown white male adult. I saw Officer k Stewart hand the subject some paper currency, and the subject placed a small item in Officer I Stewart's l~aa~d. 14. Later, Officer Stewart reported to me that she had bought ecstasy pills fro~x~ the subject, and handed one two pills. I immmediately recognized the two pills as probable MDMA from n,y training and. experience. I later performed a presumptive test on one of the pills, which was positive for MDMA. 1 S. Later during the night, SBPD officers attempted to locate the suspect but were unsuccessful. Unknown white male adult -two tablets MDMA 16. Also at about 9:45 p.rn. on August 22, 2009, while I was inside the Hudson Theater, I saw Officers Luna and Stewart make contact with a second unknown white male adult. I saw Officer Stewart hand tl~e subject some paper cun•ency, and the subject placed. a small item in Officer Stewart's hand. 3~ECLARATION OF OFFICER 70SHliA COGSWELL IN SUPPORT OF MOTION FOR PRELIMINARY IN.TUN CTTON I 4 5 6 7 8 9 10 11 12 13 14 15 1G 17 18 l9 20 21 22 23 24 25 26 27 28 17. Later, Officer Stewart reported. to me that she had bought ecstasy pills from the subject, and handed me two pills. I immediately recognized the two pills as probable MDMA from my training and experience. I later performed a presumptive test on one of the pills, which was positive for MDMA. 18. Later during the night, SBPD officers attempted to locate the suspect but were I unsuccessful. AUGUST 29-30, 2009 DRUG TRANSACTIONS AT HUDSON THEATER Carlos Sanchez -two tablets MDMA 19. On Saturday, August 29, 2009, I was assigned to participate in another undercover investigation into possible illicit d.i-ug trafficking at the Hudson Theater. "I`he investigation, was to take place during an event at the theater an August 29 and 30, 2009 that was billed as a "rave" party. My assignment was to work as close cover officer and. case agent are. arrests for sales of illicit drugs at the event. One of my duties was to work undercover inside the Hudson Theater, monitoring tl~e activities of Officers Stewart, Enron, and Flint, who would attempt to purchase illicit drugs from other attendees at tl~e event. 20. At about 9:45 p.rn. on August 29, 2009, while I was inside the Hudson Theater, I saw Officer Stewart bake contact with a I-Iispanic rnale adult, later identified as Carlos Sanchez. I saw Officer Stewart hand Sanchez same paper cuz-rency, and Sanchez placed a small item in ~~ Stewart's haa~d. 21. Later, Officer Stewa~•t reported to me that she had bought ecstasy pills from ', Sanchez, and handed ine two tablets. I immediately recognized the two tablets as probable MDMA from my training and experience. I later perfornrzed a presumptive test on the tablets, which was positive for MDMA. 22. Later duriaag th.e event, SBPD officers arrested Sanchez and brought hin~ to the SBPD mobile command post near the Hudson Theater. There, another SBPD officer assisted me in searching Sanchez and found three suspected MDMA tablets in his sock and one in his packet. 23. Af1:er I advised Sanchez of his constitutional rights, he admitted to me that he had sold two MDMA tablets at the event that night for $10 each. 4 DECI.ARA.'I•ION OI' OPP'ICER J05HUA COGSWELL IN SUPPORT" OF MO"PION I~'OR PRELIMINARY INJUNCTION 1 7 3 4 5 G 7 S 9 10 11 l2 I3 1.4 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 Kwok Leung - twa tablets MDMA 24. At about 10:25 p.m. on August 29, 2009, while I was inside the Hudson Theater, I saw Officer Stewart make contact with a Asian male adult, later identified as Kwak Leung. I saw Officer Stewart hand Leung some paper currency, and. Leung placed a sma11 item in Officer ~ Stewart's hand. 25. Later, Officer Stewart reported to nee that sloe had bought ecstasy pills from Leung, and handed me two tablets. 1 immediately recognized the ttivo tablets as probable MDMA frnm my training and experience. I Later performed a presumptive test on the tablets, which. was positive for MDMA. 26: Later during the event, SBPD officers arrested Leung and. brought him to the SBPD mobile command post near the Hudson Theater. After I advised Leung of his constitutional rights, he adzx~itted to me that e had brought around 20 MDMA tablets with him to the event. Leung said lie had given leis friends some of the tablets throughout the night. Danielle Ybarra -two tablets MDMA. 27. At about 10:50 p.n~. an August 29, 2009, while I was inside the Hudson Theater, I saw undercover Officer Tiffany Emon make contact with a Hispanic female adult, later identified as Danielle Ybarra. I saw Officer Emoa~ hand Y bars snrne paper currency, and Ybana placod a small item. iza a pocket an the front of Officer Emon's skirt. 28. Later, Officer Emon reported to me that she had bought ecstasy pills from YbaiTa, and handed me two tablets. I immediately recognized the two tablets as probable MDMA fTOm my training and experience. I later performed a presumptive test on the tablets, but the test was inconclusive. 29. Later during the event, SBPD officers arrested Ybarra and brought her to the SBPD mobile command post near the Hudson Theater. After I advised Ybarra of her constitutional rights, she admitted tome that she had brought around 20 to 30 MDMA tablets with her to the event and had sold five of them. CONDUCT OF HUDSON THEATER SECURITY OFFICERS 30. The Hudson Theater employs private security officers during its events. However, 5 DECLARATION OF OFFICER 70SHtiA COGSV+TELL IN SUPPORT OF MOTION FOR PRELIivIINARY INJUNCTION 1 2 4 S 6 7 8 9 10 11. I2 13 14 15 1G 17 1$ 19 20 2I 22 23 24 2S 26 27 2~ during the events I attended I did not see the security officers make any effort to mix with the attendees, rr~anitor attendees' activities, or do anything else to prevent ar observe illicit drug transactions inside the theater or in the parking lot. Inside the theater, the guards stayed back against the walls and kept away from the dance floor where the drug transactions were occun-in~;. I declare under penalty of perjury under the laws of th.e State of Califan~ia that t1~e fore oin i s true and correct. Executed on ~~ ~" ~~. g g ~ . , 2010, at San Bernardino, Califon~a. t TOSNUA COGSWELL s I3ECLARATION OF OFFICER JOSHUA COGSW~I..L IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION 17 l 2 3 5 6 7 8 9 10 I1 12 13 14 15 ,~ A 17 18 l9 20 21 22 23 24 25 2~ 27 28 DECLARATION OF OFFICER TOBY REVELES I, Officer Toby Reveles, declare: I. I a a San Bernardino Police Department ("SBPD") Officer. I am currently assigned to the Northwest Division of the SBPD. I have been employed. by the SBPD since p'ebruary 1, 200G. I have personal knowledge of the facts stated in this declaration. 2. I have received specialized training fro~x~ Field Training Officers and Narcotic Officers in the area of illicit drugs/narcotics. Through this training, and my experience as an officer, I have become faxn.iliar with. the physical appearance and. characteristics of MDMA, corn~nonly known as "ecstasy." JULY I S 2009 DRUG ARREST AT HUDSON THEATER Michael Orell - tln•ee tablets MDMA 3. On Saturday, July I8, 2009, I was assigned to participate in an investigation. into possible illicit drug trafficking at the Hudson Theater, located at 29S E. Caroline Street in San Ben~ardino. Tl~e investigation was to take place during an event at the theater beginning on that date that was billed as a "rave" party. My assignment was to serve as part of an arrest tearr~ that would. arrest subjects who sold illicit drugs to undercover oFfi.cers. I wore a standard ,SBPD uniform in this assignment. 4, At about I2:20 a.. on Sunday, July 19, 2009, Officer Jesse Joyce and I were I suanmoned to the Hudson. Theater parking lot by an undercover officer who had contacted a subject, later identified as Michael Orell, believed to be in possession of illicit drugs. Officer Joyce dnd I went to the parking Iot anti contacted Orell. 5: Orgill conselited to a search of his person. I'searched Orel] and-found in his pocket three. tablets of what.appeared in me; based on any training a~~d cxperieitce, to be MDMA. I asked Orgill what the tablets were and he said tbey were ecstasy pills and his frie~~c1 had given them to hiin. We placed Orgill under arrest for possession of a controlled. substance. DECLARATION OP OFFICER TORY REVELS IN SIPPORT Off' MOTION FOR PREI/IMINARY IN7LiNCTION l 3 4 5 6 7 8 9 l0 11 12 13 i~ 1.5 1b 17 3.8 1.9 ?p 21 22 23 ~ '' 25 ~ 2b 27 28 d. Later, at the SBPD co~~nand post near the Hudson Theater, I gave the three tablets I lead found on Orell to Officer Gerald Beall. 1 declare under penalty of penury under the laws of the State of California that the foregoing is true and correct. Executed oxa l~ebrua~y~, 2010, at San Bernardino, California. Officer Toby Reveler D~CI_ARATION OP' OPFTC~R TORY REVELES IN SUPPORT OF MO`T'ION FOR PRELIMINARY TNJUNC'1'ION 18 1 a 4 5 6 7 S 9 1.0 11 12 l3 1.4 15 TG l7 18 l9 20 21 22 23 24 2S 26 27 28 DECLARATION OF OFFICER ARTURO REYNA I, Officer Arturo Re~n~a, declare: 1. I am a San Be~~aardino Police Department ("SBPD") Officer. I am currently assigned to the Patrol Division of the SBPD. I have been erriployed by the SBPD since Dece~~n.ber 2004. I have personal knowledge of the facts stated in this declaration, 2. I have received specialized training from the Rio Hondo Police Academy and. tkae ,San Bernardino County Sheriff s Department in the area of illicit drugs/narcotics. Thrnugl7 this training, and gray experience as an officer, I have become familiar with the physical appearance and. characteristics of MDMA, commonly known as "ecstasy." JULY 19 2009 DRUG ARRESTS AT HUDSON THEATER 3. On Saturday anal Sunday, July 18-19, 2009, I was assigned to work at the Hudson. Theater, located at 295 E. Caroline Street in San Bernardino, where a "rave" party was taking place. My assignment was to serve as part of arz arrest team that would arrest subjects who possessed or sold illicit drugs at the event. I wore a standard SBPD uniform in this assignment. My partner for the assignment was SBPD Officer Jennifer Kohrell. Garekin Nalbandian 4. At about 1:10 a.m. on Sunday, July l9, 2009, Officer Kohrell and I were summoned to the Hudson. Theater parl~ing lot by an undercover officer who had observed a subject believed to be in possession of illicit drugs, sitting in a Honda vehicle parked in the lot. Officer Kohrell. and I went to the paxl~ing lot and approached the car. 5. Inside the car were two Asian males later identified as John Nguyen and Michael Hong, and a white male later identified as Garekin Nalbandian. Hong was the driver. 6. As Off cer Kohrell and I approached the car, its engine started anal the car began moving back. I ordered Hong to stop the car and he complied. Officer Kohrell contacted. Nguyen and I contacted Nalbandian and Hong. 7. I searched Nalbandian. anal found in his pants pocket a plastic bag containing numerous capsules with a white powder inside. Nalbandian. said the substance inside was aspirin and not ecstasy. He denied trying to sell the capsules inside the theater. He said he had mare 1 DECLARATION OF OFFICER ART'URO REYNA IN' SUPPORT OF MO'T'ION FOR PRI;LIMI:'~iARY TNJUNGTION I 3 4 5 6 7 8 9 ]0 11 12 I3 1.4 1S lb I7 18 19 20 21 22 23 24~ 2S 26 27 28 '' aspirin, and showed me a rrehicle next to the one he had been in, where I found three snore hags of capsules with white powder inside, sirrmi]ar in appearance to thosern the first bag. 8. From my training and experience, I know that MDMA is sold and ingested in numerous farms, including capsules. Michae] Hong 9. After speakia~g with Nalbandiaa~, I spoke to Hong. Hang said the capsules with the white substance inside were aspirin and that he and Nalbaa~dian packaged the aspirin inside the capsules and sold them at the Hudson Theater as if they were ecstasy. He said he and Nalbandian had sold about 20 capsules at $10 each. I declare under penalty of perjury that the foregoing is true and correct. Executed on February ~, 201.0 at fan Ben~ardino, California. r Officer Arturo Reyna 2 DECLARATION OF OFFICER ARTU'RO REYNA IN SUPPORT Off' MOTION FOIZ PRELI_MINARY INJUNCTION 19 DECLARATION OF OFFICER TOSEPH VALDIVIA -, 4 5 6 7 8 9 1(1 11 12 I3 14 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 I I, Officer Joseph Valdivia, declare: 1. I am an officer with the San Bernardino Police Department. ("SBPD"}, I have been employed by the SBPD as an officer for the last 11 years. I havo personal knowledge of the I facts stated in this declaration. 2. I was a narcotics officer with the SBPD for about four years and worl~ed on several caws involving tl~e controlled substance MDMA, con~n~only known as ecstasy. I was a Drug Enforcement Administration (DEA) Task Force officer for two years, during which I worked on a multinational MDMA operation resulting in conf scation of several. thousand MDMA pills. Through this experience I have beeomc fatmiliar with the physical appearance and characteristics of MDMA as it is coarnmonly bought and sold on tl~e street. NOVEMBER 6 2009 DRUG ARRESTS AT I~IUDSON THEATER 3. On Friday, November 6, 2009, I was assigned to worl~ as part of an arrest team for an undercover investigation into possible illicit drug trafficking at the Hudson Theater, located at 295 E. Caroline Street in San Bernardino. The investigation. was to take place during a dance event at the theater beginning on that date. My assignment was to assist in the arrest of s~ibjects who were identified by undercover SBPD officers as having sold illicit drugs at the theater. I wore my standard SBPD uniform for this assig~unent. In the course of my assignment I participated in the arrest and search of several subjects, as described. in the following paragraphs. Ryan Sil.~uero -five tablets MDMA 4. At around 12 midnight on November 6, 2009, I participated in the arrest and search at the Hudson. Theater of a I-Iispanic male adult later identified as Ryan. Silguera. Silguero was arrested an suspicion of selling MDMA to undercover SBPD Officer Janie Conine at the event that began on November 6, 2009. During the search of Silguero I recovered from his front pants pocket five tablets of suspected MDMA. I later gave the tablets to SBPD Officer Toa~y White, the Case Agent for the drug investigation.. I DECLARA'T'ION OF OFFICER .IOSEPH VALDIVIA IN SUPPORT OF MOTION FOR PRELIMINARY IN]UNCTION 1 3 4 5 6 7 8 9 10 ll l2 13 l4 IS 1G 17 1.8 19 20 21 22 23 24 2S 26 27 28 '~ Raquel Gamez - 3 ] tablets MDMA S. Shortly before 1 a.in. on Saturday, November 7, 2009, 1 participated. in the arrest and search at the Hudson Theater of a Hispanic female adult later identified as Raquel Gomez. Gamez was arrested on suspicion of selling MDMA to undercover SBPD Officer Anna Stewart at the event that began on November 5, 2009. During the search of Gamez l recovered. fram her franc pants pocket a sznall plastic container that contained 31 tablets of suspected MDMA. I later gave the container to Officer White. Samuel Jacques - 32 tablets MDMA b. During the November b, 2009 event, at around 1:30 a.m. or thereafter on Saturday, November 7, 1 participated in the arrest and search at the i"fudson Theater of a black male adult, later identified as Samuel Jacques. Jacques was an-ested on suspicion of selling MDMA to undercover SBPD Officer Anthony Castro at the event. During the search of Jacques I recovered from his front pants pocket a small plastic bag that cai~tained 32 tablets of suspected MDMA. l: later gave the bag to Officer White. I declare under penalty of perjury under the laws of the State of California that the foregping is true and correct. Executed on ~ ~.,,._ , 2010, at San Bernardino, Californ.i.a. SEPH VALDIVIA 2 DECLARA'T'ION OF OFFICER JOSEPH VALDIVIA IN SUPPORT OP MOTION FOR PRELIMINARY INJLi N CTION 20 1 3 4 S G 7 8 9 l0 11 12 13 I4 15 1G l7 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF OFFICER JESUS VEGA I, Offrcer Jesus Vega, dee]are: 1. I any a Barr Ber7~rardina Police Department ("SBPD") Officer. I am currently assigned to the Narcotics Division of the SBPD. I have been. en~rployed by the SBPD since 11tlarch 2Q04. 1 have personal knowledge of the facts stated in this declaration. 2. I slave received specialized training from the California Department of Justice and the San Bernardino County Sheriff s Acadenxy in the area of illicit drugs/narcotics. Tl~rrauglr this training, and my experience as an officcr, I have become farrriliar with the physical appearance and characteristics of MDMA, commonly known as "ecstasy." ATIGUST 22, 2009 DRUG TRANSACTIONS AT HUDSON THEATER 3. On Saturday, Au~tzst 22. 2009, I was assi~rred to work undercover at the I-~~arlsn„ Theater, located at 295 E. Caroline Street in San Bernardino, where a "rave" party was taking place. My assignment was to provide close cover inside tl~e theater for SBPD Officers Anna Stewart and Ernest Luna, who were assigned to try to buy illicit drugs frorxr other attendees of the event. Ioshua Hathaway _ taro, tablets MDMA it 4. At about 10:30 p.rn. an August 22, 2009, I saw Officers Stewart anal Luna make contact inside the theater with a male adult later identified as Joshua Hathaway. They spoke briefly, anal then Officer Stewart handed Hathaway some paper currency and Hathaway removed one or more small items from his right front pants packet and placed t]~e item or items in Officer Stewart's hand.. 5. Later, Officer Stewart informed me she had bought two ecstasy pills from. Hathaway, and handed me two green tablets. I ianixrediately recognized the tablets as probable MDMA from my training acrd experience. 6. Hathaway was later arrested by uniformed SBPD officers inside the Hudson. Theater. At about 1:15 aan. on Sunday, August 23, 2009, I interviewed Hathaway at the SBPD mobile command. post near the H~rdson Theater. After I advised Hathaway of his constitutional rights, he admitted he sold ecstasy tablets to Oft'icer Stewart. Hathaway also adrrritted that two I DECL,A'RATION OF OFFICER IESUS VEGA IN SUPPQR'I' OF MOTIOI~i FOR PRELIMINARY INTU'NCTT0~1 1 2 3 4 5 5 7 8 9 l0 11 12 l3 l4 1S 16 l7 18 19 20 21 22 23 24 2S 26 2'7 28 , ~, additional green tablets found in his right front pants pocket when he was arrested. were ecstasy. ICI tinknnwn sellers -two tablets MDMA ', 7. At about 1 l :20 p.m. on August 22, 2009 I saw Officers Stewart and Luna make contact inside the theater with an Asian male adult subject seated at a table near the dance floor. The subject and Officer Stewart talked brief]y. Officer Stewart handed the subject some paper currency. A white female adult subject seated next to the Asian male at the table reached into a '' small blacl~ purse, retrieved one or more small iterns, and placed the item. or items in Officer Stewa~-t's hand. $. Later, Officer Stewart informed me she had. bought two ecstasy pills from the subjects, anal handed me two blue tablets. I imzx~ediately recognised the tablets as probable MDMA frnrn my trainir~~ and experience. 9. Later in the night, SBPD officers attempted to locate the subjects but were unsuccessful. The subjects were never identified. 10. I later pcrformed a presumptive test for MDMA on one of the tablets Officer Stewart had given me after purchasing them frorr~ the two unl~~nwn subjects. The tablet tested positive for MDMA. The presumptive field test I used. to test the tablet employs a chemical reagent that, when applied to a substance containing MDMA, causes the resulting mixture to turn a distinctive color. '~ I declare under penalty of pe~~ury that the foregoing i true and correct. Executed on February ~, 2010 at ,San Bernardino, Califonlia. Officer Jesus Vega 2 DECLARATION OF OFFICER JESUS VEGA IN SUPPORT OI~ MOTION FOR PRI/LIMTIVARY NJUNC"t~ION 21 1 2 3 4 5 6 7 8 9 1() 11 12 13 I4 15 16 17 I8 I9 I 20 I 21 22 23 24 2S ~b 27 28 DECLARATION OF OFFICER ANTHONY WHITE I, Officer Anthony White, declare: 1. I am a San Bernardino Police Department ("SBPD"} Officer. I am currently assigned. to the :~'arcotics Division of the SBPD. I have been employed by the SBPD for the last l Ei years. I have personal knowledge of the facts stated in this declaration.. 2. 1 have worked as a narcotics officer for about six years in two tours. I have received approximately 250 hours of advanced training in tlae investigation of offenses involving illicit street drugs. Through this training and experience I have became familiar with the physical appearance and characteristics of MDMA, commonly known as "ecstasy." NO~jEMBER_6_,_2.009 DRUG TRANSACTION AT HUDSON THEATER. Y.P. - two tablets MDMA 3. On Friday, November 6, 2009, I was assigned to work as case agent for an under cover investigation into possible illicit da-ug trafficking at the Hudson Theater, located at 295 E. Caroline Street in San Bernardino. The investigation was to take place during a dance event at the theater beginning on that date. The object of the investigation was to identify and arrest persons selling illicit drugs in the theater. My role as case agent was primarily to supervise the operations of other SBPD officers. 4. At about I2:30 a.m. on November 7, 2009, SBPD officers arrived at the SBPD rz~obile command post near tl~e Hudson Theater, where I was located. The officers had in custody a Hispanic male juvenile subject, identified as Y.P., who had been arrested for selling two tablets of MDMA to undercover SBPD Officer Elizabeth Contreras. 5. I interrogated Y.P. at the command post. After advising Y.P, of his constitutional 1 __ I3ECLA~R.ATIO~E OF OFFICER ~'~iTHONY WHLTE iN SUPPORT QF MOTION FOR PRELTMT?~~l~,RY I~FNNCTION I 2 a d 5 6 7 S 9 10 lI 12 l3 14 ]S l6 17 18 19 2p 2I 22 23 24 25 26 27 28 rights, I asked hin~ if he was willing to speak with me about the charge against him anal he agreed to da sa. In response to my questions, Y.P. said he sold MDMA to a female inside the Hudson. Theatre. He pointed to Officer Contreras, who was nearby, and said she was the person he sold MDMA to. I declare under penalty of pe~j ury under the laws of the State of California that the foregoing is true and correct. Executed an February ~, 2010, at San Ben~ardirao, California. ANTHONY WHITE 2 DECLARATI©N OF OFFICER ANTHONY WHITE mT SUPPORT OF IVIOTION FOR PRELIMINARY IN,ILNCTION PROOF OF SERVICE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 4 S 6 8 9 10 ll 12 13 14 IS 16 17 18 19 20 21 22 23 2~ 25 ?{ 27 28 1 am employed. in the County of San Bernardino, State of California. I. am aver the age of 18 and not a party to the within. action; my business address is 300 No. "D" Street, Rm 665, San Bernardino, Califon~ia. On February `~, 2010, I served the foregoing document described as: SECOND SET OF DECLARATIONS IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION on the persons set forth below as follows: R. Bruce Evans, Esq. Roger .Ion Diamond, Esq. Solomon, Saltsman & Jamieson 211 S Maim Street 42G Culver Blvd. Santa Monica, CA 9005 Los Angeles, CA 90293 (310) 399-3259; (310) 392-9029 FAX (31.0) 822-9848; {310) 822-3512 FAX (Atto~-~~ey for Margaret Sherman, Michael {Attor~leys far CCI Club SB LLCj Sherman, Rajae Zarour dba The Hudson. Theater) _ (BY MAIL} By placing the envelope for collection and mailing following nur ordinaay business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ardi.nary course ofbusiness with. the United States Postal Service in a sealed envelope with postage fully prepaid. (BY FAX} Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed above. No en•or was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed. out, is attached.. X (BY OVERNIGHT} I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses listed above. I placed the envelope(s) nr package(s) for collection and oven~ight delivery at an office or a " regularly utilized drop box of the overnight delivery carrier. {BY ELECTRONIC SERVICE). Based on a court order or an aga-eernent of the parties to accept service by electronic transrraission, .I caused the documents to be sent to the persons at the electronic notification addresses listed above or nn the record. X (STATE) I declare tinder penalty of perjury under the laws of the State of California that the above is true and correct. ~,,,~ (FEDERAL) 1 declare that I am employed in the office of a member of the ba.- of this court at whose direction the service was mach. ~:: fi Executed on February ~'`*~ , 2010, at San Bernar~linn~, Cali rn~~. f ypeeo~ ~ odt acne) ~~~~~~~.----_..,.,,. ~ ~ ~ ,_- ~r nature) `~,~ SECOND SET OF DECLARATIONS IN S'C~PPORT OF MOTION ~'OR I'RELIMII~TARY INNNCTION t 1 2 3 4 10. 11 12 13 14 1.5 16 17 18 19 2.0 21 22 ?3 24 25 26 27 28 .TAMES F. PENMAN, City Attor~~ey State Bar No. 91761 .TOLENA E. GRIDER, Senior Deputy City Attorney State 13ar No. 195283 DONN DIMICHELE, Deputy City Attorney State Bar No. 84935 300 North D Street San Bernardino, Califol-~zia 92418 Telephone: (909} 384-5355 Facsimile: (909) 384-5238 Attorneys for Plaintiff PEOPLE OF THE STATE OF CALIFORNIA Na Filing Fee Per Governn7ent` Coyle ~~G1(13 T ~;~;, ,, ~}~'` } TF' ~I~w~,.e.~m .,~~,..~... .., ..,...-. .,.... .,...x.........,. ~~:~~~fv SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO PEOPLE OF THE STATE OF CALIFORNIA, by and through James F. Pern~nan, City Atton~ey of the City of San Bernardino, vs. Plaintiff, CASE NO. CTVDS 91.7881 REPLY DECLARATIONS IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION MARGARET SHERMAN, MICHAEL Date: March. 10, 2010 SHERMAN, and RAJAE ZAROUR, doing Time: 8:30 a.tn. business as THE I-IUDSON T.I-IEAT.ER; CC;i inept: 532 CLUB SB LLC; DOES 1 through 20, Judge: Hon. Janet Frangie inclusive, Action Fred: ]Decennber 22, 2009 Defendants. Plaintiff the People of the State of Califora~ia, by anti through James F'. Penman, City Attorney of the City of San Bernardino, respectfully submit the attached Reply Declarations in support of plaintiff's :Motion for a Preliminary Injunction {"Motion"} filed on January 29, 2010. PLEASE NOTE: Tabs for these declarations continue sequentially from those used for plaintiff's first set of declarations filed in support of the Motion on January 29, 20.10 and the I REPLY DECT.,ARA'I'TONS IN SUPPORT OF MO'T'ION ~'Oit PRELIMINARY INJUNCTION 1 3 4 5 61 9 10 11 12 13 14 I5 lb l7 l8 19 20 21 22 23 24 25 26 27 28 secarzd set of declarations in support of the Matian filed and served on February 9, 2010. TABLE ®F C®NTT+~NTS TAB NO. DECLARANT 22. Deputy City Attorl~ey Richard Luczak 23. Sgt. Randy Wilson 24. Sgt. Rob Young DATED: March ?, 2010 JAMES F. PENMAN, City Attamey JOLENA E~GRID , Sr. Dep , City Attorney DONN ~ JCH , Deputy ty Attorney By: ~ ~~ `-~.. Dann Dimichele Attorneys for Plaintiff 2 REPLY DECLARATION'S IN SUPPOTt"I' OF MOTION ~'OR PRELIMINARY INJL~iCTION EXHIBIT 22 1 3 4 Si 6 7 8 9' 1Q 11. 1.2 13 14 15 16 I7 I8 19 20 21 22 23 24 25 26 27 28 DECLARATION OF RICHARD LUCZAK. I, Richard Luczak, declare: 1. I am a member of the State Bar of Califo~-~~ia and. a Deputy City Attoa-ney far the City of San Bernardino ("City"). I have been employed in that capacity for four years. I have personal knowledge of the facts stated in this declaration and. could competently testify to those facts if called as a witness. 2. l~or mare than a year, and well before the filing of this lawsuit, the City tried various measures to address the ongoing illegal activities at the Iiudson Theater, located at 295 E. Caroline Street in San Bernardino. I was involved in some of the resulting legal proceedings in my capacity as a Deputy City Attonlcy. Specifically, as set forth later in this declaration., T was involved ~n crrm~nal prosecutio?~s against the operators of the H~~dson 'T'heater and in administrative proceedings to obtain reimbursement from the operators far the City's costs of providing extraordinary law enforcement services to tl~e Hudson Theater. CRIMINAL pROSECUTI;ONS ', 3. T have personal 1Ka~owledge of four crirrrinal matters in which either defendant Margaret Sherman or defendant Michael Sherman was convicted in this Court of violating the law based on activities at the Hudson Theater. Two of the matters were prosecutions for curfew law violations and the other two were for disturbing the peace by causing loud or unreasonable noise. Those matters are the following: Case Nos. 899625MS and 899628IVIS -Curfew Violations 4. In ~rry capacity as Deputy City Attarl~ey, I prosecuted Case No. 899625MS against Ms. Shern~axi and Case No. 899628MS against Mr. Sherman during 2009. Bath cases wore prosecutions for violating the City's curfew ordinance, San Bernardino Municipal Code section 9.68.020. The Shermans were chat°ged with violating the ordinance by permitting persons under 18 to be at the Hudson Theater after curfew hours. S. On October 30, 2009, in a negotiated disposition, the Sheranans pleaded no ', contest to the charges and each received a hne of $560. A true and correct copy of the plea transcript is attached to this declaration as Exhibit A. I DECLARATION ~F RICHARD LUCZAK IN SUPPORT 4F M©TION FOR PRELI?~IINARY I1~Jl:iNCTIQN 1 2 3 4 5 6 7 9 10 11 12 13 1.4 l5 I( 17 18 19 20 21 22 23 24 25 26 27 28 6. The Minutes of this Court indicate that Mr. Sherman and Ms. Shez-~an each paid a #ine of X560 an December 9, 2009. True and correct copies of this Court's Minutes reflecting the payments, as appearing an the Court's website, are attached to this declaration as Exhibits B and C. Case Nas. MSB901141 and MSB901S35 -Noise Violations 7. The District Atto~~ey of Sa71 Bernardino County prosecuted Case No. MSB901141 against Ms. Sherman and Case No. 1v1SB901535 against Mr. Sherman during 2009. Bath cases were prosecutions far multiple charges, including disturbing the peace by presenting unreasonably laud amplified music at the Hudson Theater in violation of Penal. Code section 415. I aan familiar with these cases because they arose from citations issued to the Shennans by City police- officers, because I monitored the status of the cases while I was prosecuting Case Nos. 899625MS and 899628MS against the Shernaans, anal because all four cases were resolved at the same court proceeding on October 30, 2009. 8. On October 30, 2009, in a negotiated disposition, the Shermans pleaded no contest to charges of violating Pea~al Cade section 415. Each of the Shermans received a fine of $550. T was in the courtroom when the Shern~ans entered the pleas and personally witnessed the proceedings. A true alyd correct copy of the plea transcript is attached to this declaration as Exhibit D. 9. The Minutes of this Court indicate that Mr. Sherman and Ms. Sherman each paid a fine of X550 on December 9, 2009. Tole and. caned copies of this Court's Minutes reflecting the payments, as appearing on the Cou~•t's websitc, are attached to this declaration as Exhibits E and F. PROCEEDINGS TO RECOVER EXTRAORDINARY LAW ENFORCEMENT SERVICES 10. Chapter, 8.82 of the City of San Bernardino Municipal Code ("SBMC") provides that where an event held within the City requires the City to provide law enfarce~~~ent services over and above the services that normally would be required, the City may recover its actual costs ofproviding the services from the persons in charge of or responsible for the event. (See SBMC §§ 8x82.010, 8.82.050.} If the responsible persons disagree with the charges they 2 -LCLARATION OP RICHARD I,tiCZAK IN SUPPORT OI' MOTI01~ FOR PREI~,IMINARY INJUNCTION i~ may request a review ofthe matter before the City Manager, and if they disagree with the City Manager's determination of the matter, they may appeal. to the City Council. (See SBMC `~ 7 8 9 IO II 12 13 I4 15. 16 17 I8 19 20 2I 22 23 24 25 26 27 28 8.82.060.) 11. Since last year, l have been involved in my capacity as Deputy City Attorney in internal proceedings in which the City seeks to recover from Michael and. Margaret Sherman the extraordinary law enforcement costs incurred by the City in providing police services during three events at the Hudson Theater on l~ebruary 28, March 7, anal May 2, 2009. The total extraordinary costs sought by the City for these three events exceed $45,000. I2. At the Shermans' request, the costs sought by the City were reviewed by the Acting City Manager during the first half of 2009 and were found at that tirr~.e to be proper. To date, however, the Shermans have refused to pay any part of the costs. h!stead, the Shermans appealed the Acting City Manager's determination. to the City Council. In the meantime, however, this lawsuit was filed, and the parties have agreed that the City's claims for extraordinary costs will. be litigated in this lawsuit far the sake of convenience. I declare under penalty ofperjury under the laws of the State of Califan~ia that the foregoing is true and correct. Executed on March 2, 2010, at San Bernardino, California. /~". RICHARD LUCZAK 3 DECLARATION O~ RICHARD LUCZAK IN SUPPORT OP MOTION FOK PRELIMINARY IN7UNC'T'ION EXHIBIT A 1 2 3 7 8 9 ?0 ~~ ~2 ~~ l4 15 16 ~~ 18 19 20 2 ~, 22 23 24 ~5 26 2 "7 28 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR T~fE COUNTY OF SAN 6ERNARDINO DEPARTMENT S-~.6 HON. A. REX VICTOR, JUDGE THE PEOPLE OF THE STATE OF CALIFORNIA, ) Pl ai nti ff, }) } vs. ) ~99625M5 MARGARET SHERMAN MICHAEL SHERMAN, Defendants. REPORTERrS TRANSCRIPT OF ORAL PROCEEDINGS ocTOBER ~o, 2oog APPEARANCES: Far the People: JAMES PENMAN CITY ATTORNEY BY: RICHARD LUCZAK Deputy City Attorney For the Defendants: ROGER DIAMOND Attorney at Law Reported by: BETTY KELLEY, CSR Official Reporter, C-398. t3~7~T)' K~LL~} ; CS2 1 2 3 4 5 8 9 Zo ~l i2 13 ~~ 15 16 17 ~~ 7.9 2~ 21 22 23 ~~ 25 26 27 28 5AN BERNARDINO, CALIFORNIA FRIDAY, OCTOBER 30, 2009 A.M. SESSION DEPARTMENT S-~.6 HON. A. REX VICTOR, JUDGE APPEARANCES: The Defendants with their Counsel , ROGER DIAMOND, Attorney at Law; RICHARD LuCZAK, Deputy City Attorney of son Bernardino County, representing the People of the State of California. Getty Kelley, CSR, official Reporter.) THE BAILIFF: We have another priority, Number 25. THE COURT: Sure, thank yau. MR. LUCZAK: Richard ~.uczak for the People. MR. DIAMOND: Good m©rning, your Honor, Roger Diamond far both defendants. THE COURT: May I have a moment till I find my matter. And it's the matter ofi Margaret Sherman and Austin Allen. Would counsel state their presence, presence of the parties. MR. LUCZAK: Your Honor, Richard Luczak for the People. But prior to that, I think there"s multiple cases with multiple defendants and these are just the city cases that we're talking about at thi s point . MR. DIAMOND: There are two separate cases. THE COURT: I have -- It keeps on going, yau"re t3~7J7~' K~LL~}', CS1~ 2 2 u 4 S 6 7 8 9 ~~ 1~ ~. 2 13 ~~ 15 16 17 18 19 20 2~ 22 23 2~ 25 26 27 28 right, On case 1.535, 9Q11535, it's the People versus Margaret Sherman, Michael Sherman, and .~ustin Allen. MR. DIAMOND: That's not the case with the city attorney. That's a separate case involving the District Attorney, Mr. Stedman, who is present. we're dealing with a different case, your Honor, with the city attorney. THE COURT: Sure, I'm just -- we've got the case number 899625M5 and it's on a readiness calendar here. It says People versus Margaret Sherman and Michael Sherman. Counsel state their presence for that. MR. DIAMOND: Yes, good morning, your Honor, Roger Diamond far Margaret Sherman and also for Michael Sherman. soth of them are present, not in custody, MR. LUCZAK: And Richard ~..uczak for the Peapl e, your Honor. TIDE COURT: And this is on our readiness calendar and what's counsel's pleasure? MR. LUCZAK: Your Honor, I believe we've reached a resolution. There should be plea forms up there. They wi 11 be pleading out to i nfracti ons with a fi ne , general disposition . THE CDURT: You have to f©rgive me, counsel. I'm newly assigned to this calendar and I have difficulty understanding the rationale in many ways the way we do things and why we da them. All I know about this, apparently there' s a coupl e citations fo r violation of the city ordinance, and what would the city ordinance say t3~7~7~' K~LL~?', CS2 1 2 3 4 5 6 8 9 ~C ~~ 12 Z3 ~~ 15 1~ ~7 ~. 8 19 20 2 ~. 22 23 24 25 26 27 28 if I had the city ordinance before me? MR. LUCZAK: It says, basically, minors cannot be i n certain locations afte r certain hours . Basi cal 1 y on Saturday nights, it's from 12:01 a.m. to six a.m. THE COURT: Is that an establishment responsi bi 1 i ty? rs that what i t i s? MR. LUCZAK: Yes, your Honor. THE COURT; And so they have to card minors far presence, not for liquor; is that correct? MR. LUCZAK; That's correct, your Honor. THE COURT: All right. And that's a misdemeanor offense? MR. LUCZAK: It was but we`re pleading them to an infraction. ~t could be either, it's a wobbler, THE COURT: So i t' s a curfew i nfracti on ; i s that correct? MR, LUCZAK: That's correct, your Honor. THE COURT: You`re not the parents of the kids, I take it? MRS. SHERMAN: No. THE COURT: But they're responsible for enforcing curfew for strangers? MR. LUCZAK: They are, your Honor. Business establishments, excluding churches, or if they were with a parent or if they were coming from work. THE COURT: Sure, You're from the City Attorney's office? MR. LUCZAK: Yes, your Honor. [3~T T?' K~~L~Y, CSC 4 1 2 3 4 5 6 7 8 9 ~a ~1 ~. 2 13 19 15 ~~ ~~ 18 19 2~ 2i 22 23 24 25 26 27 28 THE COURT: How did we ever get you to court on all of these city ordinance vi of ati arts? MR. LUCZAK: I'm here, quite frequently, usually almost every day. THE COURT: All right, thank you. Any event, as to Michael Sherman and Margaret Sherman, we have a plea agreement that the violation of Municipal Code 9.68.020(c) being reduced to an infraction with the maximum consequences of you pay a base fine, with penalty assessment, totaling $560 each, and it`s to be paid no later than 12/31, 2009. And there's also a stipulation and agreement that the resolution of this matter will not use this case before City Council proceedings; is that COrreCt~ MR. LUCzAE<: That`s correct, sir. THE COURT; But that does not bar using this for whatever value it may be in proceedings other than before the City Council; is that correct? MR. LUCZAK: That°s correct, your Honor. ~ don't anticipate any other thing but that's correct. THE COURT: Each of you, you understand you have a right to have a trial by Court. You have a right against self-incrimination. You have a right to present evidence in your defense. You have the right to assistance of attorney. You have the right to the Court°s process to order witnesses or other evidence brought to court in your defense, oa you each understand those rights? 3~7~T?' K~LL~?', CS2 3 2 3 5 6 MRS. SHERMAN: Yes. THE COURT: And da you understand and waive those rights? Z'm supposed to wait -- Z think it's six hours to pronounce judgment unless you waive and give up that- right and asl< far -immediate sentencing . MR, DIAMOND: We da waive that right, yaur ~ Honar. 9 charges? 10 11 ~2 13 14 15 16 17 18 ~s LD 21 22 23 24 25 26 27 28 THE COURT: You each plead guilty to these MR. DIAMOND: No contest. THE COURT: No contest. All right. Is that correct, ma'am? MRS. SHERMAN: Yes. THE COURT: And sir? MR. SHERMAN: Yes. THE COURT: Thank you. It's the judgment of the Court for the infraction , offense of violation of the city ardi~ance, you pay a fine of $150, with county assessments of $550, to be paid by 1x/31/09. Z want to congratulate you. with the penalty assessments, you almost reached the dignity of the fines they charge for red light on a camera. Thank you, you're free to go. MR, DIAMOND: Thank you very much, year Honor. THE COURT: You're free to go an that case. (whereupon, the foregoing proceedings in the above-entitled matter were concluded.) a~rrr K~c ~.~r, cs~ 1 2 3 4 5 6 7 8 9 ~_ o ~~ ~2 ~~ ~4 15 16 -~ ~ ~8 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR T4~E COUNTY OF SAN 6ERNAR©INO DEPARTMENT 5-16 HON. A. REX VICTOR, JUDGE THE PEOPLE OF THE STATE OF CALIFORNIA, P1 ai nti ff, vs, ) 8996Z5MS MARGARET SHERMAN MICHAEL 5HERMAN, nefendants. STATE OF CALIFORNIA ) } 55: COUNTY OF SAN BERNARDINO ) I BETTY KELLEY, ©fficial Reporter of the Superior Caurt o~ the State of California, far the County of San Bernardino, do hereby certify that the forer~oing pa es, ~ through 5, taken on OCTOBER 30, 2009, comprise a fu-1~1~ true, and carrect transcript of the praceed~ngs held in the above-entitled matter. Dated this 3Rd day of NOVEMBER, 2006. 0 B Y KELLEY, CSR 0 F CIAL REP TE.R, C-3981 13~TTY 1C~L~~?', CS2 EXHIBIT B 89962$M5 -Minutes -San Bernardino Main 1-sttp:11170.16431.101openaccessleriminal/minute. asp?courtcocle=X&c... a~ ~~.~ _ 1-ia~e Def. Status Def.-info Charges Actions Mincttes Probation Case Report Fine Info ianac~es ~~~~~n r.~uirk ~~a~~ki ~ Case $9962$MS ®efendant 31'19x95 SHERMAi~I, MIGHAEI.. Defendant 1 of 1 Aetior~: Defendant made a payment of $560.x0. - 121x9/2009'; Case $9962$MS Defendant 3119595 SHERMAfV, MICHr4EL Action; Defendant made a payment of $56D.DD. Dafe: 12I09l2DD9 7"ime: 1:D8 PM Division: Nearing Sfafus: r~r~l. ,?a =~ ~ ~a}} ~ y~ z a ~~yy -:~ ~~7 fti1 ~ -~~TT € o [~~ tC~F31=~~ ~ a fit. D ~^}o ~=~~FF'CVC~~e4a~ez ya . a a ~ o~^ya a ~fy ~~ L.LI en U ~ .L ~ D J ~ ~ i U ~ -l.[1.L°oi'~.l ..7 V" ~~~ ~ LJ U a Ili$l i.~: ~-] ~i?~ 1 D ~ » D G ° D l1 1~ ~o~2oD 91 ? a'3-37Q 9-~~zlP IMF/:e81 O ~ . D 3~aCJCIrl2 5 . 76 zsD 0 1 ~atYE ~~ ~~ D 91 2 x 9 -' 7 0 9-LI~~Tt~i?7 2~. 6~ L~~FF~f~ 5. 1 5 °~ D 0 1 1El~iz ~~xo 0 9 1 2 D 9 -3 7 0 9-~~E~F~`~12 0. 6 1 C~iVRV/~~~ 1 0 0. a C1 X10 a~ .lE ~$ ~Cl D 91 2 0 9 -3 7 0 9 -~:C1~ CP /~°_ D. D a QDlv~i/'~ ~. ~3 . 3 a La 0 1 ~~ ~I~~g1(D} 91'2} a 9-D~Ij(D'~ (9~-~C`;.IpD~T /a'~'j~~ya .(3y0~3~~E[~~/412{~0 .(}fa~}11~ryII(^[~i ~ 1`,~ ~ Aix i~ Q ~ 1 2 D ~ "" (U 7 "'~I'l3iC~ ~y~L~al L L3 Cl 1 k."~F W ~I? ,^3' ~ U . U CJ Lk U l.1 1 of 1 2/26/2010 5:36 PM EXHIBIT C $99625M5 -Minutes -San Bernardino Main l~ttp:11170.1 b4.31.10/openaccesslc~•iminai/minute.asp?cnu~•tcode=X&c,.. t~~ ~ ~ ~ -. I-lome Def. Status Def. Info Charges Actions Allinutes PrQhation Case Relaort Fine Info Images ~. ~aei~ G~~a :Sea c~ ~ Case 899625MS ®efendant 'i48A659 SHERMAhI, MARGARET Llefenclant 1 of '[ Action: ,Defendant made a payment of $560.00. -.1,210912009.,1 Case 899625MS Defendant 180659 SHERMAfirI, MARGARET AefiQn: Defendant made a payment cif $560.00. Dafe: 12!0912009 7"irr?e: 1:C}8 ISM Division: Hearing Status: ~hEt~=s;x ~a 0 9 1 2 ©9 -D 7 D 0 ~~C1~k'?13 D. 0 D ~'~FFtI/C~ 1 0. D C] Izd,O CI ~. },~El '~g = ~i 0 9 r 2 D 9- 3 D D-CY,i~IS ~',0~i'~~~ 3 y 0 . Q D(''(~CFS(Y/~I(z'°1 ~1 0 3. D'"] 2 rl~}D D y~ j'$]j~ 20 C~~4] ~ ~ ~ ~ D ~ -~ ~ D ~ ~~~N~~ i i!- !EO j D ~ L3 ~ i ~~kly~ l1 t~ ~ ~ r / ~ ~~3 tJ D .L. ~ ,ia ~~ zs 0 9 1 L D 9 -~ 7 0 D-~CK~~ITCD/~l 2 D. 6 1 f~?~F'~'~=~J 5. t 5 L 0 D~ iE °o`~~II~O 91 2 0 9-3 7D D-t~~oE~'~'zW2 D. 6 l~~VF;t~~'~31 O D. Q D z~i0 O t iE ~s€ to p~' D 9 1 2 0 9- 3 7 D t7 -C~,I=~(S CP ~~o. 3 D, D O Cz JD1 ~Lo1 D. 3 0 ma D 0 1 ~ETy'~~,z°,xaCepy1 fg~ y1 2 09y-3 770 tC-l~ -~t`-IT~TLiDT~N,TB~~s^~!yIr-~B .C~yDI ;~g1EY1+~~~a~2 0 .fT6f~1r~7t~f.Qy1 ~Y1..1~]~°'izE i81 U 3 1 2 ~ J -ryJ I D U -~._Ci~eu itLV ~'l ' L U G7 d.. 3injF~.7 ~r$' 7 ~ U L1 I°x...°°~, D U S. 1 of 1 2/26/2010 5:38 P~ EXHIBIT D 1 2 3 4 8 9 1D ,~ 12 a~ ~ ~~ 15 I5 ~7 ~. 8 19 20 21 22 2~ 24 25 25 27 28 SUPERIOR COURT 0 F THE STATE DF CALIFORNIA FOR THE COUNTY OF 5AN BERNARDINO DEPARTMENT 5-16 HON. A. REX VICTOR, JUDGE THE PEOPLE OF THE STATE OF CALIFORNIA, P1 ai nti ff, vs. ) MSB 901535 MICHAEL SHERMAN MRRGARET SHERMAN JUSTIN LAMAR ALLEN, MSB 901141, Defendants. R~?~~R`?'~'R' S ?'RP~TSCR~PT ~~' ~R~~ ~R~3C~~r~r~1G~ ocTOBER 30, 2049 APPEARANCES: For the People: For the Shermar~s : Reported by: '~ C.~,~4~e~t, 4iy ~~s' a € ~ ~. ~+' r- s, {( ~ -s_ ~.,_..,.. ~ ,~. ~ MICHAEL RAMOS DISTRICT ATTORNEY BY: MICHAEL STEDMAN Deputy District Attorney ROGER DIAMOND Attorney at Law BETTY KELLEY, CSR Official Reporter, C-3981 1 2 3 4 5 8 9 1Q 11 12 1~ i4 15 16 17 1g 19 2u 21 22 23 24 25 26 27 28 SAN BERNARDINO, CALIFORNIA FRIDAY, OCTOBER 30, 2009 A.M. SE55ION DEPARTMENT 5-16 HON. A. REX VICTOR, JUDGE APPEARANCES. The Defendants with their Counsel, ROGER DIAMOND, Attorney at Law; MICHAEL STEDMAN, Deputy District Attorney of San Bernardino Caunty, representing the People of the State of Cal i form a. (Betty Kelley, CSR, Official Reporter.) THE COURT. All right. Case number MSB-9051.5 and MSB-901141. And that is as to Michael and Margaret Sherman, each of whom are present, and it's my understanding that each of you intend to enter a no contest plea to an i nfraeti on of violation of Section 41.5, disturbing the peace; i s that correct? MR. DIAMOND: No contest plea as an infraction, yes, sir. THE COURT: And each of you understand you have a right to have a trial. You have the right to be represented by an attorney of your choice. Yau have a right to present evidence in your defense, You have a right to confront the witnesses against you. You have a right to testify in your defense if you wish to, but you have a right against self-incrimination. You da not have to -- You have a right to have the Court process to bring 2 4 5 6 8 9 10 11 12 1:3 l~ 15 :~ 6 ~~ I8 19 20 21 22 23 24 2~ 26 27 28 your witnesses and other evidence to court and each of you understand thane rights? MRS. SHERMAN: Yes. MR. SHERMAN: YeS. THE COURT: And you give up those rights? MRS. SHERMAN: Yes, your Honor. THE COURT: And the Court orders the citation amended to reflect violation of Penal Code Section 415, an infraction . How do each of you plead? MRS. SHERMAN: No contest, your Honor. MR. SHERMAN: No contest, your Honor. THE COURT: Thank you. And no objection to my pronouncing judgment at this time? MR. DIAMOND: No objection, your Honor. THE COURT: Thank you. It's the judgment of the Court that each of you, for the offense of 4~.5, an inf racoon, that you pay a fine of $100, plus penalty assessment, for a fatal of $550, and you're going to pay that in full by what date? MR. DIAMOND: December 31, 2009, your Honor. THE COURT: All right. By year end in this Court. MR. DIAMOND: And all other counts are to be dismissed, your Honor. THE COURT: And all other counts are ordered dismissed. It refers to all ether cases and that's -- MR. DIAMOND: Because the problem is over time, the city kept issuing citations but it warn't clear what 2 4 5 6 7 8 9 ~. 0 11 12 13 14 ~5 ~~ 17 ~8 ~O 20 2~ 22 23 24 25 26 27 28 was filed, what was not filed. THE COURT: So if there"s any outstanding cases -- MR. STEDMAN: That are being handled by the District Attorneys Office, we agree all those cases are gone. ~ can't speak for the City Attorneys. T~kE COURT: The city Attorney i s here as an interested bystander. You'll agree that any unprocessed ci tati ans -- MR. LUCZAK; Z can't stipulate to that, your Honor. I don't know what cases we're talking about. MR. STEDMAN; Mr. Diamond and I did not contemplate City Attorney cases. MR. DIAMOND: The City Attorney has already been here on the other cases. we just don't want there to be same hidden case that's filed that's being kept back. The idea is to .start afresh, a new clean slate, beginning .~anuary 1, 2010, it's a glorious new year. we didn`t want to be trapped with any hidden cases. THE COURT; Sure. v~hen did the citation process start, do we know'? MR. LUCZAK: I don't know that, your Honor. THE COURT: All of it -- All of them were for nOi Se~? MR. DIAMOND. Right. There was basically noise and the curfew and there was one alleged sale, a charge of selling alcohol without a license, and that's being dismissed. 1 2 5 6 7 8 9 ~o 1~ 12 ~~ ~~ 15 ~~ ~7 18 ~g 20 2~ 22 23 2~ 25 26 2% 28 MR. STEDMAN: W e are dismissing that today, your Honor. And of course everything that's previous to today, agree, the People would agree to dismiss. everything subsequent to today is fair game. THE COURT : Noi se or curfew violation citations outstanding to this date will not be prosecuted. MR. DIAMOND: Thank you, your Honor. THE COURT: T think their concern is about 1 urki ng stuff that' s unidentified that' s sitting i n somebody's office. MR. DIAMOND: Right. THE COURT. So if an old citation turns up, they're going to raise this as a bar to prosecution? MR. DIAMOND: Yes. MR. STEDMAN: Your Honor, there's one outstanding defendant. Could we ascertain if a Mr. Austin Lamar Allen is here today? He is a co--defendant i n one of these cases . THE BAILIFF: 3ustin Allen. M5. KING: Amanda King on his behalf, your Honor. ~ have 977 authority to stand i~t for him. THE COURT: And what are you going to do standing i n for him? Ms. KING: I was just discussing that with the prosecutor on the case. THE COURT: Would you like me to have the sher€nans ordered today to testify against him? MS. KING: I don't believe we're there yet. 1 2 3 a ~o ~~ 12 ~~ l~ ~5 16 17 18 19 20 2~ 22 23 24 25 26 27 28 MR. STEDMAN : Your Honor, ~' l l talk to Miss icing shortly ar~d we can resolve it then. Thank you, Thank you, Mr. Diamond. (Proceedings concluded.) 1 2 4 5 8 9 so ~~ ~2 13 14 15 ~~ I~ ~8 ~~ 20 21 22 23 24 25 25 27 28 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE CCIUNTY DF SAN BERNARDINO DEPARTMENT 5-16 HON. A. REX VICTOR, JUDGE THE PEOPLE DF THE STATF C-F CALIFORNIA, Pl ai miff, MICHAEL SHERMAN MARGARET SHERMAN JUSTIN LAMAR ALLEN, vs. Defendants. MSB 901535 M5B 941141 STATE OF CALIFORNIA ) ss: COUNTY OF SAN BERNARDIND ) I, BETTY KELLEY, official Reporter of the Superior court of the State of California, for the County of San Bernardino, do hereby certify that the foregoing pa es, 1 through 5, taken on OCTOBER 30, 2009, comprise a fu~l~ true, and correct transcript of the proceedings held ~n the above_enti tl ed matter . Dated this 3Rd day of NOVEMBER, 200. '~ BE Y KELLEY, SR OF I IAL REP ~ER, C-3981 EXHIBIT E MSB~01141 -Minutes - fan. Bernardino Main http:l1170.164.31.10/openacces s/CRIM1NAl~lmi route. asls7co~~tcade=. ,. Ff ~ 1 ~ ~ - ,~~ dome Def. Status Def. fnf© Charges Actioes Minutes F'robati4n Case Re~aort Fine Info Images ~~'i ~u~r„~C~t'cll ..m~ Case MSg90194'[ Defendant 148D659 SHERM6-~k~, M/~RGRET Defendant ~ of ~ Action: Defendant made a payment of $50.00. - 12/09/2009 j Case MSE90'i14'~ Defendant'[4806~9 SHERMAN, M/~RGRET Rcfion: Defendant made a payrrient of ~550.Q0. Date: 12109/20fl9 Time: 1:09 PM ©i~isian: l~eartr~g 5fa~us: 1E s ~[b10 9 1 2 0 9- 0 7 7 -tom z11~1/~'1013 5. 0 0 ';I ~ S Cv'~! 3 0. 0 0 jai 0 0 1 l~t~l~lxsi!bC!D 9 1 2 0 9-3 71 ~-t~~sl~'i°a ~ 0 5. 4 8 z P ~~'i~l~, 3 5. 4 8 ~~10 0 ~. 1E ~~6 ra10 9 1 2 0 9 -.~ 71 -Q~i'==~~TCi2s 3 3. 8 7~s ~'~i 2 7. 1 0 ~~ 0 0~ ~1'~a r~EO 9 1 2 0 9 -3 71 3-Q~i~~E/~16 . 7 7~'EIVF~G 2 7. 0 E~10 ~ 1E 1~~ ra X 0 9 1 2 0 9- 3 71 3 -Q; ~~,~~ CP ~iz~ 0 9. 0 0 D1~~IE:E 1 3. 5 5 10 0 1 1~.1+~EI~J ea ~~i Q 9~ 2 0 9- 3 71 3-CK~~1D~B /Ir 1 1 0. 5 5 ira ENS ~~~ 2 7. 0 ~~ 0 0 1 T~1~ xo i=G;~zr10 9 2 0 9- 3 71 3-Q~3~FCS ~~' ?. 0 0 ~a 0 0 1 1 °f 1 3/1/?010 2:14 1'M EXHIBIT F MSB9.01535 -Minutes -San Berraardina Main http:11170.164.31.10/apenaccess/GRIMINALJmi.nute.asp7courtcarie- ~~~i ~ is ~' t, {-~ Dome Def. Stattas £3ef. info Charges ,fictions Minutes ~'robation Case Report i=ine info images '-~~~aerZ ~'~uar~; Seas~l Case MSB901535 Defendant 3119535 SHERMAN, MICHAEL i]efendant 3 - SHERMAN, M[CHAEL ' Of 3 ~ACtio n o C~efendant made a payment pf $550.OQ, - 12I09/20Q9 Case ~SI39fl1535 ®~:fertd~nt 3119595 SHERlIfIe4N, MICHAEL Rcfion: Defendant made a payment of $55~J.OD. Date: 121Q9120D9 Time: 1:07 I'M Division: Hearing Status: }IE1~C~f~i~ ~ ~9}} y~ 2 Q {9y -3 {6 ~9j 3 -(Qy'~3ta ~~~ y5 . C0 Q ~1pSSCY~7`ir3 0 .y 0^~ 0 ~0n 0q ~. y y3Y11•~ ~ea ee ~ :1 J, 2 ~ J -? L3 J ~ -l1l iJ LL'~l~zo i ~ wf « ~ U ea~~ ~yf,`!~'ia° 1, J ~ `t O I?9i~ i~ 1. 3'd~~~~>°!$~[es p 91 2 Q 9 -3 6 9 3-Q~i~CTC`i"~~~ ~. 8 7C~TC~/~2 7.~ ~] ~JQ O l 1'~~Lfi n€iJ 91 2 Cl 9i-3 6 9~~ ~-t~~1~~CP /~I3 9 fl D ~a''Dt~ ~~^~~ E ~ z~~y0 0 1 i~LV!??'Izo1??]U a 1 2 ~ J -3 6 J-'Q~,?~'DZ~TFJ/e 1 3. 5 5 ~s1;1~/'~p G~ f.~ D g V t7 1 ~N1~~?vCJO 9 1 2 ~I 9 - 6 ~ -CK~~FCS/s]2 6 . Q ~ `o ~ 0 1, 1 of 1 3/1/2010 5:06 PM EXHIBIT 23 1 2 3 5' 6 7 8 9 1.0 11 I2 I3 14 IS 1.6 I7 18 19 20 2l Z2 23 24 25 26 27 28 I3ECLARATION OF SGT. RANDY WILSON' I, Sgt. Randy Wilson, declare: 1. I am a Sergeant with the San. Bernardino Police Department ("SBPD"). I a~~ cun-ently assigned to the Narcotics Unit of the Investrgati.ons Davision of the SBPD, where I am in charge of a Narcotics Tearr~ consisting of one Detective and five Officers. I have personal. knowledge of the facts stated in this declaration. 2. I have been employed by the SBPD for the past 26 years. Before. that, I was a military police officer in the United States Maria~e Corps for four years. I have received specialized training in the investigation and suppression of illicit drug trafficking from the Orange County Sheriff's Department Police Academy in Orange County, California. I hold Califorrfia Peace Officers Standards a~~~d Training certificates for the Basic, Intermediate anal 1~dvanced levels. I have attended numerous courses in the past several years pertaining to Criminal Law, Crime Scene Investigations and. Evidence Collection and Preservation. 3. I have successfully conducted investigations of individuals involved in the manufacturing, growing, trafficking, transporting, selling, dealing and use of narcotics anal/or illicit drugs. I was a zraen~ber of the Inland Empire Clandestine Laboratory Task Force, v~rhere I was involved in the investigation of over five hundred. illicit Methamphetamirie and PCP labs. 4. I have attended and successfully corripleted a "Master K-9," 200-Hour Narcotics Detection. Course and was certified as a Narcotics Detection :K-9 Handler. I have successfully completed the $0-hour Basic Narcotics Investigation Course, a 40-hour Clandestine Laboratory School, a 40-hour Clandestine Laboratory Safety Course anal an 8-hour Clandestine Laboratory Supervisors Course. I also teach a Clandestine Laba~•atnry identification and Safety Course to local. Law Enforcement and Fire Departments. I DECLARATI01vT OF SGT. RANDY WILSON IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION 1 2 ~I ~' 5. 6 7 8 9 10 11 ~2 13 14 15 1G I7 18 19 20 21 22 23 24 2S 26 2'7 28. S. I have attended the 60-hour Thermal Imagery/ FLIR Course taught by the California Depa1•tment of.iusticel BNE and the U.S. Drug 1/nfarcement Agency. 1 have been trained in Thermograph Applications and use of I.S.I. Thermal hnagery. A thermal imaging device is a device that detects differences in the surface temperature of an abject and highlights man-made heat sorirces contained within a structure. 6. I have also served on the Selective Enforcement Detail (SED} of the San Bernardino Police Department, which is a high visibility patrol unit, patrolling high crime areas. As a member of SED, I was an arresting effacer and. assisting officer on several narcotic and/or illicit drug related investigations. 7. My training has included instruction in the proper praceduP•es for making safe and effective controlled purchases of illicit drugs frozx~ suspected. sellers using undercover law enforcement officers. &. One requirement for safe anal effective controlled. purchases is that no one at the location of the purchases, other than the officers participating in the operation, b~ aware that undercover law enforce~rrent activity is taking place. This requirement is necessary to ensure that officers are not exposed to hostile actions from individuals who discover their presence at the location, and that drug sellers cannot avoid apprehension by simply not selling when they know ~ controlled purchases are taking place. 9. As part of an investigation into illegal activity at the Hudson Theater, located at 29S E. Caroline Street in. San $ernardino, the SBPD conducted undercover cont~°ollcd purchases of illicit drugs the~•e duri~ag four events in the surrirner and fall of 2009. These events lasted oven~ight and took place on ruly 18-19, August 22-23, August 29-30, and November 6-7. The first three of those events were billed as "rave" parties. 2 DECLARATION OP SGT. RANDY WILSON IN SUPPORT OF MOTION FOR PRELIMINARY INJtJ?~CTION 1 3 4 5 6 7 8 } 10 11 12 1.3 14 15 16 1 '~ 18 l: 9 20 21 22 23 24 25 2G 27 28 10. I served as a supervisor for the undercover operations on August 29-30 and. November {-7, 2009. (SBPD Sgt. Rob Young also served as a supen~isor for tl~e August 2g-30 operation.] T was present when the officers who participated in the operations were briefed prior to the operations, and I was at the ,SBPD mobile command center neaz° the Hudson. Theater while the operations were going on. 11. I~~either I nor, to my knowledge, any other SBPD officer, ever disclosed tl~e existence of the undercover operations, or the presence of the undercover officers at the Hudson Theater, to the Hudson. Theater managerr~ent, security personnel, or anyone else. In particular, at no time did arry SBPD officer, to my knowledge, ever direct the Hudson Theater security personnel to "leave them alone and not to interfere and not to da anything regarding drug dealing," or to "stand by the sideline idly loot{ing at the police," as claimed by defendant Margaret Sherman. at page 3 of her declaration in this action. In fact, all of the. offacers who participated in the operations wore ordered not to do anything that might cause the disclosure of ', the presence or identity of any undercover officer or the existence of the undercover operation. Any officer who violated that order would have been subject to discipline for having done so. 12. Further, it would make ~~o sense to conduct an undercover drug purchase operation in which the management andJor security personnel of the targeted incation were aware of the operation, since they could then advise the patrons they were being watched by the police and should not engage in any drug trafficking nr they would risk being arrested. For the same a•eason, the safety of the undercover officers would be compromised, because they would be exposed to retaliation. from. patrons who objected to their presence at the venue. 13. The undercover officers who entered the Hudson Theater during the operations I supervised were instructed to, anal did, purchase tickets to the event and stand in Line with the other patrons. The officers were selected to be in the same age group as the Hudson Theater patrons and. wore the same type of clothing as the other patrons did. There is no way the Hudson 3 DECLARATION OF SGT. RANDY WILSON I?~7 SUPPORT OP' MOTION FOR PRELIMI~;ARY T~TJ[JNCTION l 3 4 5 E~ 7 S 9 10 l1 1~ I3 1.4 1S 16 I7 18 I9 20 2 I. ~2 :~3 24 25 26 27 2$ Theater security personnel could have known that the undercover officers were police operatives. 14. In the middle part of 2008, when I was a Patrol Sergeant, I spoke with. defendant Michael Sherman regarding the drug problerx~s at the Hudson Theater. Mr. Sherman said that sometimes Hudson Theater security would confiscate illicit drugs from. patrons, and lie would maintain the drugs in his office and then "flush them" at the end of the day. I advised Mr. Sherrnan that l-~e could be exposing himself to criminal liability for having the drugs in his possession and that instead. of keeping them he should call me and the SBPD would take custody of the drugs. Mr. Sherman said he would do so in the future, but, to this day he has never called me to request ti~at the SBPD take custody of any illicit drugs confiscated at the fludson Theater. I declare under penalty of perjury under the laws of the State of California that the ~1 ',~,/ foregoing is true and correct. Executed on March ~!" 20I0, a~-~I`~i~alifornia. N 4 I3ECLARATiON OF SGT. RANDY WILSON I7~? SUPPORT OP' MOTION F'O'R PR~LIlvI11v~AR~' rNJUNCTIC3N EXHIBIT 24 1 3 4 S~ 6 7 9 l0 11 12 13 14 15 16 17 lS 19 20 21 22 23 24 25: 26 27 2~ DECLAIRATION Off' SGT. ROB Y®I1N0 I, Sgt. Rob Young, declare: 1. I am a Sergeant with the San Bernardino Police Department {"SBPD"). I a. currently assigned to the VicelNarcotics Division of the SBPD. I have been employed by the SBPD since 199. I have personal knowledge of the facts stated in this declaration. 2. I have received specialized training in the identification and suppression of illicit drug trafficking from my attendance at the basic law enforcement academy, from held training, and from advanced officer training. This training has included irastructian in the proper procedures far making safe and effective controlled purchases of illicit drugs .from suspected sellers using undercover law enforcement officers. 3. One requirement for safe and effective controlled purchases is that no one at the location of the purchases, other than the officers participating in the operation, be aware that undercover law enforcement activity is taking place. This requirement is necessary to ensure that officers are not exposed. to hostile actions frozxa individuals who discover their presence at the location, and that drag seilei-s camrot avoid apprehension by simply not selling when they know controlled. purchases are taping place. 4. As part of an investigation into illegal activity at the Hudson Theater, located at 295 E. Caroline Street in San Bernardino, the SBPD conducted undercover controlled purchases of illicit drugs there during four events in the summer and fall of 2009. These events lasted aver-night and took place on July 15-19, August 22-23, August 29-30, and November b-7. The first three of these events were billed as "rave" parties. 5. I served as a supervisor for the three undercover operations in July and August ~ 2009. {SBPD Sgt. Randy Wilson also served as a supervisor for the August 29-30 operation.) I was present when the officers who participated in the operations were briefed. prior to the operations, and I was at the SBPD anobile corramand center near the Hudson Theater while the operations were going on. 6. Neither I nor, to zny knowledge, any other SBPD officer, ever disclosed the ~ existence of tl~e undercover operations, or the presence of the undercover officers at the Hudson 1 DBCI,ARATION OF SGT. ROB YOU]vG tN SUPPORT OP' MOTION BOR. PRI~LIMINARY 1N.TCINCTION S' G 7 9 10 ll 12- 13 1~ ]S 1 {~ 17 ]S 19 20 21 22 23 24 2S 2b 27 28 Theater, to the Hudson Theater maa~agement, security personnel, or patrons, or anyone else. In fact, all of the officers who participated in the aperation.s were ordered nat. to do anything that might cause any such disclosure. Any officer who violated that order would have been subject to discipline fox having done so. 7. Further, it would make no sense to conduct an undercover drug p~irchase operation in which the management andlor security personnel of tl~e targeted location were aware of the operation, since they could then advise the patrons they were being watched by the police and should not engage in any drug trafficking ar they would risk being arrested. For the same reason, the safety of the undercover officers would be co~npron~ised, because they would be exposed to retaliation from patrons who objected to their presence at the venue. I declare under penalty of perjury under the; laws of the State of California that the foregoing is true and correct. Executed on March 2, 2010, at San Bernardino, Califor~xia. RIB YOUNG 2 DBCI.,ARA"I"ION OF SGT. ROB YOUNG IN SUPPORT OF MOTION FOR PRELIMINARY TNT~TCTION PROOF OF SERVICE ?~ 4 6 7 8 4 10 11 12 13 14 15 16 i7 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA COUNTY OF SAN BERNARDLNO I am employed in the County of San Bernardino, State of California. I am over the age of 1.8 and not a party to the within action; my business address is 300 No. "D" Street, Rm 668, San Bernardino, California. On March ~ , 20I Q, I served the foregoing document described as: REPLY IlECL~4,RATIQNS IN'~UPP®RT C)F M®TI®N F'®R PRELIMINARY INJUNCTION oaz the persons set forth below as follows: R. Bruce Evans, Esq. Roger .Ion Diamond, Esq. Solomon, Saltsman & Jamieson 2115 Main Street 426 Culver Blvd. Santa Monica, CA 90405 L.A./Playa del Rey, CA 90293 (31,0) 399-3259; (310} 392-9029 FAX (310) 822-9848; {310) 822-3512 p"AX (Attorney for Margaret Sherman, Michael {Attorneys for CCI Club SB LLC} Sherm.ara, Rajae Zaiour dha The Hudson Theater) {BY MAIL,} By placing the envelope far collection and mailing following our ordinary business practices. I a~n readily familiar with this business's practice for collecting and processing correspondence for arnailing. On the sair~e day that correspondence is placed for collection and mailing, it is deposited i the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. {BY FAX} Based nn an agreement of the parties to accept service by fax transrission, I faxed the documents to the persons at the fax numbers listed above. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. X {BY OVERNIGHT) I enclosed the dacuznents in ari envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses listed above. I placed the envelope(s) or packages} for collection and overnight delivery at an office or a regularly utilized drop box of the overaxight delivery carrier. {BY ELECTRONIC SERVICE}. Based nn a court order or a~~ agreement of the parties to accept service by electronic transmission, I caused the documents to be sent to the persons at the electronic notification addresses listed above or on the record. X (STATE) I declare under penalty of per)ury Linder the laws of the State of California that the above is true and correct. _ {FEDERAL} I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on March ~ , 20IQ, at San Berna~ 'a.~o,' a i ia. An~el.a Rodr~uez (type or print name) si a ure ~,~ RI;PI.,Y DECLARATIONS 1N SliPPORT OF MOTION FOR. PREI..IMINARY .INJUNCTION S 6 7 8 9 10 11 12 13 14 1S l6 17 1.8 19 20 21 22 23 24 2S 26 27 2$ JAMES F. PENMAN, City Attorney State Bar No. 91761 JOLENA E. GRIDER, Senior Deputy City Attorney State Bar Na. 195289 DONN DIMICHELE, Deputy City Attorney State Bar No. 84935 300 North D Street San Bernardino, CaIifonlia 92418 Telephone: (909} 384-S3SS Facsimile: (909) 384-523$ Attorneys for Plaintiff PEOPLE 01~ THE STATE OF CALIFORNIA No Filing Fee Per Gaverr~ment Code ¢G103 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAl`i BERNAILDINO PEOPLE Of TI-1E STATE OF CALIFORNIA, by and through. Jazx~es '. Pem~nan, City Attorney of the City of San Bernardino, vs. Plaintiffs CASE NO. CLADS 917881 SUPPLEMENTAL DECLARATIONS IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION MARGARET SHERMAN, MICHAEL Date: March 10, 2010 SHERMAN, and RAJAS ZAROUR, doing Tirne: $:30 a.m. business as THE HUDSON THEATER; CCI Dept: S32 CLUB SB LLC; DOES 1 through 20, Judge: Hou. Janet Frangle inclusive, Actin~n Filed: December 22, 2009 Defendants. Plaintiff the People of the State of Califon~ia, by and tlz~-ough James F. Perlman, City Attorney of the City of San Bernardino, respectfully submit the attached Supplemental Declarations in support of plaintiff's Motion for a Preliminary Injunction ("Motion") filed on January 29, 2010. The supplemental declarations are being submitted at this time to bring to the attention of the Court relevant events that have occurred at the Hudson Theater since the filing of 1 REPLY DECLARATIONS IN SUPPORT OF MOTION FDR PRELIMINARY INJLINC;TIDN 1 2 3 4 5 G 7 8 9 10 11 13 l~ 15 16 i7 18 19 20 21 22 23 24 2S 2f~ 2'7 28 plai~~tiff s reply papers in support of tl~e Motion an March 3, 2010. PLEASE NOTE: The tabs far these declarations continue sequentially from. those used for plaintiff s first set of declarations filed in support of the Motion nn January 29, 2010, plaintiffs second set of declarations in support of the Mohan filed and served on February 9, 2010, and plaintiff s reply declarations in support of the Motion .filed anal served on March 3, 201.0 . TABLE OF CONTENTS TAB NO. 25. ?C. DECLARANT Lt. Gwen. Waters Deputy Fire Chief Mali Frat~~c DATED: March 8, 2010 JAMES F. PENMAN, City Atton~ey JOLENA E. GRIDS r. Deputy City Attorney DONN D CHEL , eputy ~ Attorney ~~ ~ ~y: Donn Diznichele Attorneys for Plaintiff 2 REPLY DECLARATIONS IN SliPPORT OI~ MITI©N FQit. PRELIMINARY IN7U'NCTION E~II~IT 2~ 1 3 4 5 6 7 8 9 10 it 12 13 14 15 16 i7 I8 19 20 21 22 23 24 25 26 27 28 DECLARATION OF LT. GWEN WATERS I, Lt. Gwen Wa#ers, declare: 1. I am a sworn peace officer and hold the rank of Lieutenant with the City of San. Bernardino Police Department ("SBPD"). I have been a sworn peace officer with the SBPD far 25 years. I have personal knowledge of the facts stated iii this declaration anal. could carnpetently testify to those facts if called as a witness. 2. I am currently the Swing Shift Watch Cn~mander for the SBPD, and I held that ', position on March 5, 2010. As Swing Shift Watch Coi~nmander, I am in charge of SBPD II operations for the entire City of San Bernardino ("City") during the swing shift (Shift 3j. 3. This past weekend, nn the evening of Frzday,l~Iarcl 5, 2010, tl?e SRPD responded to a Gall for service at the Hudson Theater, located at 295 E. Caroline Street in t1~e City, reporting that a large unruly crowd had formed outside the theater anal people were trying to force their I, way inside. I was the Incident Co~nimander for the SBPD response. 4, I arrived at the vicinity of the Hudson Theater at about 10 p.. on. March 5, 2010, and directed SBPD operations from a command past nearby. I directed off ears fi-am three separate patrol 5hift5 to respond to the venue I directed officers frn~ii Siiii~ ~, whv" nnir,ally would leave work at 10:30 p.m., to remain on duty, and I also called in officers from Shift 3, who were in the field, and from Shift 4, who were in briefing at the time. In addition, Traffic Division officers, who were on overtime conducting a DUI checkpoint at the time, dismantled the checkpoint and came to assist at the Hudson Theater. 5. Ira. all., about 40 to 45 SBPD officers responded to the scene. The officers were equipped with riot gear, including helmets with face shields, and gas masks. 6. When I arrived at the scene, personnel of the City of San Bernardino Fire Department {"Fire Department") were i~~side the theater checking the size of the crowd. They determined that the venue was full and nn more patrons could be admitted. At that time there was still a large crowd of people outside the theater seeking admission and fights were breakia~g out within the crowd. DEGI,ARATTON OF I.T. GWEN WATERS IN SUPPORT Off' MOTION ~'OR PRELTMINARY INJUNCTTON iViar D$ 1n f32'49p 1 2 3 4 S 6 7 8 9 10 'l l 1',2 l3 l~ 1, 5 16 I7 18 l9 20 21 22 ~?; Received: liar 8 2n'!0 113:~2am Travis & G~~vendolyn V`Jaters (809)797-1$'11 p.1 rax ~ nta€ c [u ~ u u[ • ~nYE1' ruu9~UU,3 7, 'UYl'ten the Fire I7apartrnent deternuned shat the capacity flf the ventze?aari beeln zeached, SB~D a~fsrers pTOeeeded to tiie front a~tbe tizeat~r to assist zn closing the e~tzy doors. At that time, the 5~3PT,7 called the San D~emardi~o Couxtty 5heri.~f's Aepartrnent heltcopCer wit to assist atn mazs~toring the czc~#d in ease ofprablezns in dispetsuag those still outside tlae theater. 8. The helicopter uxut aFUwunced a~~er the Iaucispeaker that ti-te crowd outside the thea'"~r was art unlawful asse~rzs~(y and. axdercd thezxz to dzs~arse. I ozdexed the 513~'l~ o£~cers to sweep the paritine lot to clear out the szaeable number al'people v~ha d.id z3ot lea~~e. ~. Lt took a total of ahotzt two azad one-hal.~kar~uxs to cozttzc~l tk~e situatioou, aztd Clear tlae craved from the locatiaYr, a_nd avert then there ruere still S-ttr2~erous iszdividuals reroaibing in tl~e parkizsg Iat. In additxort, wary c~£the individuals who left the pazz~;g lot rc.coez~ezred ixt large nurnbexs at other locations, including tkt~ bttsiaaesses ~,ear-by arcd the Fcsx theatre ozr. Cou:t Street about foux azrd one-hal~zzxiles north o~`tirae)-iudson 'eater. It seas necessary to seza;d officers to those Iocataazrs tc~ insure th,~ pxoGlerns did not erupt these with the sucLr~err ns~flux a~'pevpc. l0. The Head for the SSl'I~ to devote the t'esaurces Ixxevio~sly rated i.7~ caxder to ~:spoud to 'the situation at the Hudson 'I'b.eater diverted o~~cers ~zzz other duties to which they normally would hake attended. The resparase recltiired services ~roxn. rs~`ficers wh.a ~,vexe ~rorlt~xr~ ozt ow ertiine, i.e., those do Shift 2 and the "l"sa~rc Divisaotz officers wb,a had bese- cxzsducting the j cl~eclspoint. The'resparse also xeelrsireti the services o~ flr~; Sheriff's Departznert helicopter. I declare uzxder Irenalty of penury' ~:xdez the laws a~the State of Califorr3ia that tl*~: ~~areg~aiug is tree atrti correct. t xecuted azr S~a~h 8, 2flI0, at Yucaipa., CaIifaraia 24 25 2fi ~.7 ~8 c. ~-./G..~s-~..n G~EI~I".~OL VA S~ECLT~Q~r Q~' L'T. C~`E~ wATI?Ra I3v SL`I'I'~ILT CrF ri~~-l-zQZv ~ PRE~.~NAT~Y Tlti.~~~f3ri~ ~~HI13IT ~~ 1 21 3 DECLARATION OF DEPUTY F3RE CHIEF MAT FRATUS I, Deputy Fire Chief Mat Fratus, declare: 1. I a~n the Deputy Fire Chief for the City of San Be~-rtardino ("City") Fire Department ~"Fire Department"). I have personal knowledge of the facts stated in this declaration and could competently testify to those facts if called as a witness. 2. On the evening of Friday, March S, 2010, the Fire Department responded to a call for service at the Hodson Theater, located at 295 E. Caroline Street in the City, reporting that a large unruly crowd had formed outside the theater and people were trying to force their 10 1.1 ~~ 13 I4 15- 16 17 l8 19 20 21 22 23 24 2S 26 27 28 way inside. Two fire department medic engines were initially dispatched to the address. Once C)n-,c~.P~~_ tha~ retain iri rhargP ~OlltaltP~d m~ and r~~~tret~d that ~ resp~Ild a~ w~II. QnCe On ~Ce17e, I took ehargc of the Fire Department response. 3. I arrived at the Hudson Theater at about 9:43 p.m. on March 5, 2010. Prier to my arrival, Fire Department personnel had gone inside the theater to determine the number of patrons inside and how many additional patrons could be admitted without exceeding th.e capacity of the theater. 4. T o determine the nuiriber of persons already inside the theater, the Fire Department personnel checked. the counters at the doors and. wrote down the values they indicated. The numbers showed that about 500 snore persons could be admitted without exceeding tl~e capacity of the venue. S. When. the Fire Department persoru~el went bacl{ into the venue to advise that only S00 more patrons would be allowed inside, the counters had been set back by about 900 persons. Margaret 5hei-~nan, the manager of the theater, triad to persuade our persazu~el that the values they had obtained from. the counters earlier were not accurate. We finally determined that we were not going to be able to get a reliable count of people inside the theater based on the tracking systern that the business had used. In absence of a more reliable method, il~e Fire Department crews made a visual. assessrr~ent that the venue was at ar near capacity and no more patrons I DECLARATION OF DEPUTY FIRE CHIEF MAT FRATUS IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION 1 2. 3 4 6 7 8 9 10 11 12 13 14 1S 15 17 18 19 20 21 22 23 24 2S 2b ~7 28 should be allowed inside. 6. At that paint, Ms. Sherman followed the Fire L7epartment persozmel out of the theater and began screartaing at us that she was going to lose a great deal ofmaney because ofus, and that we ~rere "harassing' her_ At about that time, f ghts began to break out in the crorx~d out`sicle the theater, and I requested that the San Bernardino City Police Department, who were staging outside of the immediate area, move in arzd disperse the now hostile crowd. 7. After the crowed was dispersed, l made face-to-face contact with Ms, Sherman. to discuss what needed to be done in order to consply with the Fire Code for the remainder of the night, At that ri~ae, she again stated that she had lost money because of our actions, and that she believed that our persozmal misread the counters. I advised her that two Fire Departmment personnel had looked at the counters and had the same recollection of the first reading. She stated that she was also keeping track of floe occupant load via an electronic system used for collecting adrnissinn fees. However, she acknowledged that there were significant discrepancies between the two systems that she could not explain. I declare under penalty of perjury under the laws of the State of California that the ~ foregoing is true and correct. Executed on March 8, 2(110, at San Bernardino, California. 2 1~ECLA~ATION OF DE!'F1TY FIRE CFILEF MAT FRATUS IN SPI'O~LT aF MC7TION FQit PRELIMINArtY II~,IUNCT[QN PROOF OF SERVICE 2 3 4 5 6 7 9 l0 1I 12 13 14 IS 16 17 1$ 19 20 21 22 23 24 25 26 27 28 STATE Op' CALIFORNIA COUNTY Oh' SAN BERNARDINO I am employed in the County of San Bernardino, State of California. I am aver the age of 1$ and not a party to the within action; my business address is 300 No. "D" Street, Rm 66$, San Bernardino, California. On March ~ , 2Ql(}, I served the foregoing document described as: SUPPLEMENTAL DECLARATIONS iN SUPPORT OF MOTION FOR PRELIMINARY INJITNCTION an the persons set forth below as follows: R. Bruce Evans, Esq. Roger .ion Diamond, Esq. Salomon, Saltsrnan & .Iamieson 2115 Main Street 426 Culver Blvd. Santa Monica, CA 90405 L.A./Playa del Rey, CA 90293 {31.0) 399-3259; (31.0} 392-9029 FAX {31.0) 822-954$; (310} $22-3512 FAX (Attorney far Margaret Sherman, Michael {Attorneys far CCI Club SB LLC) Sherman, Rajae Zarour dba The Hudson Theater) (BY MAIL) By placing the envelope for collection and mailing following our ordinary business practices. I arri readily familiar with this business's practice for collecting and processing cozrespondence foa~ rrmailing. On the same day that correspondence is placed. for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed. envelope with postage fully prepaid. X (BY FAX) (COURTESY COPTES) I faxed the documents to the persor~ at the fax numbers listed above. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. X (BY OVERNIGHT) I enclosed the d.ocurr~ents in an e~avelope ar package provided by an overnight delivery carrier and addressed to the persons at the addresses listed above. I placed the envelope{s} or package(s) far cal.lection and overnight delivery at an office nr a regularly utili:~ed drop box of the averr~ight delivery carrier. (BY ELECTRONIC SERVICE). Based on a court order or an agreerr~ent of the parties to accept service by electronic transmission, I caused the documents to be sent to the persons at the electronic notification addresses Iisted above ar an the record. X (STATE) I declare under penalty of perjury under the Iaws of the State of Califon~ia that the above is tree and correct. ~. (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on March ~ , 20I0, at San Bern rdza~o, ali o~n' ":"~ 1 ~~ An~e1a Rodriguez ~ .~ (type or print name) ~ (E gn tore REPLY DECI~.ARATIONS Pv SUPPORT OF MOTION FOR PRELIMINARY IN7LT_NGTION ~~ Tran~rn i t ~an~ i rmat f< ~n f~epa~rt ~:~ P.1 ~9ar 8 Z~1 D 03 : ~4.~m Name/Fax Na. Bade Start Time Pa$e Result Nate 93108223512 Narmal OS,Q3:32~rm 2'~1" 9 # ~ K ~.Qp ©P ~ER~'TCE 18 l9 2(1 2l 22 23 I 24 25 ~~ 2'r ?g STATE C3E CALIFORNIA CQt ThiTY OP SAN T31;lZNAStt:3~T0 ~ artt employed in the Cotutty of Saaz Bernardino, State of California. ~ azta aver the age of 18 and riot a patty to the within. action; my business address is 3Q0 Iva. "I?" Street, Rrra 668, Scat )3ernardina, California. C}n Mar'ch __.________, 701.U, l served the foregoing docxtrraent descz-ibed as: Sti~PI,JE+ ME15'I'AT~ I)ECLA.~' A.7CIQNS IlV Si7PI'~R'£ E1~' 1V~C)TIQIIT FAQ`. ~"IZELIMTI~,A~Y IN] Ulti C~I[)N on tine l7eTSans set forth below as follows: ll. Bruce i=~rarts, Esq. Roger Jon Dzamaatd, esq. SolDIT30n, Sattsntan c~. Jaxasesan 211 S 11'~aarF StCePl 421; Culver Blvd. Saatta Ivlaaziea, CA 904135 L.A./l'laya del ltey, CA 902.93 (310) a99-3259• {31U} 392-9Q29 f'AA (310) 822-984$; {37.0} 822-3512 FAJL (Attozzaey far 1Vlargaret Sherrnaxa, lvli.chael (Attarnevs fnr CCl Club 5B LLC) 51~erzzaaza, l7.aj ae Z~raur dlia The Hudsoaa Theater] (BY 2v`;ATL,;~ By placing ttte envelope far collection. and mailing follo~-ving our ordinarq business practices. 1 am readily £aaatitiar with this 7~usiness's practice far collecting and pracessizag correspoatdezace far trailing. <Jtt tlae wane day fleet correspoatdeztce is placed far collection artd aataalrrxg, it is elepasited in the ordinary course nf6usirzess with the €3nited. States 1'ostaJ Sarvtae izz a sealed envelope with postage fully prepaid, X [BX F'.A~) (C0~7~TFS'Y Ct]l'ZES) T fared the dacuariettts to the persons at the fay nntnber.=, listed above. No error was repaz~ed by the fa7c anachine that 1 used. A copy of tlt~; retard of the .fay tratasmisszoxt, ~vhzch I paitttecl Qut, is attached. ~ (73Y OV£R.I;lIC13T} 1 enclosed the docurr3ents ira era. envelope or package provided by aat avernigt-it delivezy oarriez• artd addressed to the persazxs at the addresses listed. abcsve. 7. placed the eatvelope(s) nr package(s) for collection and ovezraigl~t deliveay at an af0ce ax a aeettlarly utilized drop box of the aveanight delivery carriea-. (;3Y ELEC'T}~O'VIC SERG~CE). Eased on a oDUrt order or au agreerteaat of the patties to accept service by elec#rotaic trat3szrzissiaaa, Icaused the documents to be sent to the persons at the electxoni.c aoti~catzott addresses listed al5ove or on the retard. {S~'AT)~) I declare under. penalty of perjury uztder the laws of tlae Ste#e of California that the above zs trz~e and correct. _.. {l?'i=7]E1tAI,) T declare-that 1 arcs eataployed in the offace of a member of the bar of this court at wbase directicazx. the service was made. Executed on M.areh , 2010, at Sala. Bernardiran, Califuratia- An: ela Rodtt,atte (type or l~aiaat name) (signature} 3 REPLY DECLAI2A'X't0'~S ~ SUPPG~i.T (JF MO'Z'JON PC]R P32ET ~i ~I1vARY R^tTt~CTION ~~ Tra.nsm i t Cc~nf i rrnat r tin Repvrt ~~ P.1 R4ar S 2010 03:37~m dame/Fax No. nde Start Time Page Result Nate 913103529029 h€ermal 08,03:35pm 1`56" ~ 0 K l 2 3 4 5 8 7 S 9 10 II ,~' i3 14 lS 16 l~ 18 l3 2Ct 2l 22 23 24 2s 26 27 28 PRCJOF OF SERVICE S~'ATE Ol° CAt-l~'L)121*ill~ C()Y~TX C}F SAIV BERI~~,ARL~L~i'C) I am era~plnyed in the Cauxaty of San Bexnarrluxo, State of Califozzaia_ 1 am over fire age of J 8 and not a Iaarty to the witZra action; racy business address is 300 No. "D" Street, Em 668; San 13exatardino; C'a]i£oaxiia. prx iYlareh , ?0i0, I served floe ~oicgoisxg docuanent described as: SUI'~'~~I~3EIVTAL D~~Lr~A.'L'10NS T1V SU.I~PORT ~F MO'~~ON k'OR PR>ST,YA~TI~A~~' INTCTNC'T`~ON an the persazas set £artlx belaw as fol]au~s: R. $ruce irvans, Esp. Rager Joax Ui.aznond, Esq. Solmm~n, Saltsman & 3amiesan ~ l l5 Mau? Street 428 Culver Blvd. `~aaxta 1vlnnica, CA 90405 L.A..IZ'la.a del Rey, C!j. 90293 (31f7) 399-3259; (310; 34,2-9029 FAX. {37.0) &22-9848; (3l(J) SZ2-35X2 FAX (Attozxtcy £pr Margaret Skaeaxtaz~, Miclxael (A.ttc~tneys for CCI Club S$ I..I.Cj ~laerzraaxs, Itaja~: Zaraux dba'fiae ~-lads©n Theater) (B~' MAiI..) By placizz$ the envelope far collectiaa. and rzlailing fallawua~ out azditxary business practices, I atzx xeadzly fainiiiar witix tlxis Ixusixxs's practice foz coliectizag and pronessin~ correspondence far mailing. Can the sazxae day that correspondence is planed for collectioaa and mailing, it is deposited ixx ttae axclinaxy aauxsa of business with ttxe t3nited. States Postal Service in a sealed envelope witlx pastage fvliy prepaid. .Y.. ($Y p'A,X) {COUR~'ESX Ct71'ZES) I faxed tl~e documents to tltc pexsazxs at f#ae l'a~ numbers listed above. IVO err'ar was reported by ti~Ie fay machitae that I used. A copy of the record afthe faa, tracsurission, which I printed out, is attached. „~ (BY pVERIv'ICr~S"fj l ezaelased the documents in ara eaavelapie or package provided by aza nverniglrt delivery carriez and addressed to the persoaxs at ttae addresses listed above, 1 placed the envelope(s) or packa~e(sl far coilection aaxd overzai.ght delivery at an pffice ar a regularly utilized drop box of the overni~lit delivery cazri.er. (13~' I;LEC1`RC3?~TIC SERVICE). Based on a court. order or an agreement of the parties to accept service by electronic transnvssian, I caused dxe documents to be sent to the persons at the electCOt~ic notification addresses fasted above ar nn the record. X (STATE) I dec[ate nnfler perxalty of perj~rty under the laws of the Sta#e of Califoa~zxaa that the above is tore atad colxect. {FEi]EI~,L) T declare that I am employed in the office of a za~,ernber of the bar of this cotu~t at wlxase duectiarr the service was made. 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By usingthisAir6i youag~eetndra aemce caadidor,s same beck of thispirllnlxM in01e surrert FetlEv Service Guitlr., inc4tding mnns Alas Ismn our Iiehilily 8 Residential Delivery Signature Options if you repvir¢asigneavre, uhgckpirea nr 3ntlirecl ~ IVaSignature Oirect5lgnalure Indlrec Slnnature "'"+ RegiJEred r""'°~ Sonrean reap aiKs [I no vaaaale at -f PackagemavbataP. J e~ressmay gn[o iJ tuip t ddass,someona 519 dah ai i d0 e v '95a may y filmi __ a 8narglrb Ivg S wNt¢IAOMaa:ny8 s7pnaavrela: tleFnrsry_ sign foY Celrvery-Fns nnNiier %er. Ante 36N6•Pan r1E691er1}9gq-,aW'o Fed Ea•PP11~fIEp [N L.S.k •SAF lur internal Billing Reference ~, r r24 charananwll appxar nr urv¢rce- [ r - Il .. ,~~1 ~'0 ~~ 1 2, 3' 41 5 6 7 8 9 10 1l 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney State Bar No. 91761 JOLENA E. GRIDER, Senior Deputy City Attorney State Bar No. 195289 DONN DIMICHELE, Deputy City Attorney State Bar Na. 84935 300 North D Street San Bernardino, California 9241.8 Telephone: (909} 3$4-5355 Facsimile: {909j 3 $4-523 S Attorneys for Plaintiff PEOPLE OF THE STATE OF CALIFORNIA Na Filing Fee Per• Govern~rrent Cade X6103 SUPERIOR COURT OF THE STATE OF CALIFORNIA F'OR THE COUNTY OF SAID' I~ER~"~ARDIl~TO PEOPLE OF THE STATE OF CALIFORNIA, by and through James F. Penman, City Attorney of the City of San Bernardino, Plaintiff, vs. CASE NO. CLADS 9178$1 SUPPLEMENTAL REPLY DECLARATIONS IN SUPP®;~'~` OF MOTION FOR PRELIMINARY INJUNCTION MARGARET SHERMAN, MICHAEL Date: 1Vlarch 30, 2010 SHERMAN, and RAJAE ZAROUR, doing Time: 8:30 a.m. business as THE I-1UDSON THEATER; CCI Dept: S32 CLLR SB LLC; DOES 1 through 20, Judge: Hon. Janet Frangie inclusive, Action Filed; December 22, 2009 Defendants. Plaintiff the People of the State of California, by and through James F. Penman, City Attorney of the City of San Ber€lardino, respectfully submit the attached Supplemental Reply Declarations in support of plaintiff's Motion for a Preliminary Injtuzctian originally scheduled to be heard on March 1 D, 2010, and naw to be heard on March 30, 2010. PLEASE NDTE: The tabs for these declarations continue sequentially from those used 1 SUPPLEMENTAL REPLY DECLARATIONS 1N SI.IP1'OR"I` OF ivIOTION FOR PRIaLIMINAR'i' N~UNCTION 1. 2 3 4 5 6 I ~I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2~ 24 2S 26 2"7 28 for plaintiff s first set of declarations filed ,lanuary 29, 2010, second set of declarations filed Fehr~sary 9, 2010, reply declarations filed March 3, 2(110, and supplezr~ental declarations filed March. 8, 2010 . TABLE ~F C®NTEI~'TS TAB N®. IDECLARANT 27. Fred Faridian --President, Everest College, San Bernardino Campus 28. Officer Ernest Luna -San Bernardino Police Department 29. Luke Vasquez - General. Manager, SB Raceway DATED: March 23, 201.0 Respectfully subrr~itted, JAMES F. P. AN, City Attorney JOLENA E DER, . Deputy City Attorney DON~i D I HELE, ~' putt' Citttorney BY: Donn Drm~chele Attorneys for Plaintiff 2 SUPPLEMENTAL REPLY DECLARATIONS IN SUPPORT OF MOTION P'OR PRELIMINARY TNJUNC"I'IOI~F ~~2~" i 2'' 4'' 5 s a s 10 i~ 12 ~~ 7.4 ~s 1~ ~~ 18 19 20 zi zz z~ 24 25 26 z~ as DECLARATION ®F 1'~"REI~ FARIDIAN I, Fred Faridian, declare: I . I a1n over the age of 18 and have personal. knowledge of the facts stated in this ~ declaration.. 2. I am the president of the San Bernardino campus of Everest College, a private college offering diploma and degree programs in the health care, business, trades, and criminal. justice fields. The campus is located on leased premises in two buildings at 217 East Club Center Drive and 243 B. East Carolina Street in the City of San Bernardino, in the same commercial center as the Hudson Theater. Everest College offers daytime, evening and weelce classes. 3. I have been president of the Everest College San Bernardino campus since September S, 2004. For t1~e past one and one-half years, at least, the Hudson Theater has been presenting ovenriglrt musical events on a regular basis. These events invariably draw Jorge craw°ds of patrons and bris~.g with them crime and congestion in the commercial center parki~~g lot and. floe neighboring businesses, including Everest College. As an example, Everest College has sustained $4,000 to $5,000 in damage to its windows Exam vandalism, and. has had $2,000 to ~ $3,000 worth of capper wire stolen from its telecommunications devices. These crimes have ~ occurred during events at the Hudson Theater, when the co~r~mercial center is so full ofpeople that it is impossible to detect and prevent crime being committed at our facility. The security guards provided by the Hudson Theater are not adequate to keep those crimes from occurring. 4. In addition, during events at the Hudson Theater the presence of large nuzx~bers of vehicles in tl~e co~n~nercial center parking lot, in excess of the number that can be parked in the spaces adjacent to the Hudson Theater, means that the spaces adjacent to Everest College are u~~available to our students. S. The property management company for the commercial center is California Assets Management. Several times starting in late 2007 or early 200$ I have contacted California Assets Management to advise them of the problems associated with the events at the DECLARATION OF FRED FARIDIAN IN SUPPQRT OF MOTION FOR PRELIMINARY INJUNCTION z z 3 4 s 6 e 26 ~r zz i~ x~ ,s 16 ~ ~r 18 19 2d ai zz 2~ 24 2S 26 27 z8 Hudson Theater and to seek their assistance in addressing the problerris. I have spoken with several individuals at California Assets Management in these contacts. I have also talked to the operator of the Hudson Treater, Mr. Sherman, on several occasions. None of these contacts has done any good, as the problems have continued and are still occurring. 6. On several occasions I have contacted California Assets Management and ~ caznplained to them. that Hudson Theater does not provide restroorn facilities for its patrons who are standing in line to get in the building and as a result patrons urinate and defecate in the parking areas, in building alcoves, and iri front of our facility. We have received complaints from our students regarding the unsanitary conditions and Dave had to arrange for pressure washing after each event, at our own expense. 7. In 2009, a man was shat and killed at the Hudson Theater. This incident and the overall lack of security at the Hudson Theater are disturbing and have forced Everest College to increase our awn security at additional cost to the college, 8. Attached to this declaration as Exhibit A are fear photographs that I tools in mid- 2009, showing the condition of our premises and the surrounding area after an event at the Hudson Theater. These photographs show what typically occurs when. there is an event at the Hudson Theater. These conditions create an unsightly environment for our students and are detrimental to our business. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed an March 23, 2010 at San Bernardino, California. FRED FAItIDIAN 2 DECLARATI©N OF FRED FARIDIAN IN SUPPORT aF MOTIC}N FOR PRELIMINARY INNNCTION G4~'~ i { ~ t.. _' t. Z_ ~.-, ^ ;: air r o 3. ~~ _' ~w~e ~~ `~Z8'~ z s 6 8 ro 11 1z ~~ 14 15 I6 7.7 a. a is zo ~ a. zz zz z4 zs 26 27 za SUPPLEMENTAL DECLARATION OF OFFICER ERNEST LUNA I, Officer Ernest Luna, declare: l , I am a police officer with the San Bernardino Police Departjnent (`SBPD"). This declaration supplements my previous declaration in this matter, executed on January 27, 2010. I have personal knowledge ofthe facts stated in this declaration. CURFEW VIOLATIONS AT HUDSON THEATER AFTER OCTOBER 30 2009 2. City of Saz~ Bernardino Municipal Cade ("SBIVIC") section 9.G8.010(A)(1) provides that curfew hours begin at 12:01 a.m. and end. at G a.m. on Saturdays. -SSMC section 9.68.020(C) provides that it is an offense far the owner, operator, or any employee of an establishment to lmowingly allow a person under 18 to remain upon the premises of the establishment during curfew hours. 3. In the declaration of Deputy City Attorney Richard Luczak filed in this matter on March 3, 201.0, at paragraphs 4 and. S, it is stated that during 2009, defendants Margaret Sherman and. Michael Sherman were prosecuted for violating SBMC section 9.G8.020 by permitting persons-under 18 to be at the Hudson Theater daring curfew hours. It is further stated. that on October 30, 2009, in a negotiated disposition, the Shertnans pleaded. no contest to the charges and each received a fine of 5560. 4. One week after October 30, 2009, I worked undercover during an overnight event at the Hudson Theater from. Friday, November G to Saturday, November 7, 2009. I was there to provide close cover for other undercover officers who were to attempt to buy illicit drugs from patrons of the business. In the course of caz~ying out that assignn3ent, I personally saw four subjects who were later determined to be under 18 and who were inside the Hudson Theater after 12:01 a.m. and before 6 a.. an November 7, 2009. 5. Each of these four juvenile subjects was arrested. by SBPD officers for selling illicit drugs inside the business during the November 6-7, 2009 event. In each case, I personally witnessed the sale and later idenlifzed the seller far the arresting officers inside the business. In each case, the juvenile subject was still inside the business between 12:01 a.m. and G a.m. before being arrested. These four juvenile subjects and their ages were the following: ~. StiPPLEM~':vTAL ~ECT.A~2ATTON OF OFZtT~ER ERNES`I' LtJ7VT~ IN SUPPOA'I' Off' MO'rT01~ ~'OR PREL,TMINARY LN7UNCTION 1' z 3 4 6 a 9 ~o z ~. zz 1~ 3 ~~ ~ 1.5 r~ t~r . 7.R a, s 2p 21 zz i z3 za zs zs a.~ ze a. X.l~. age 1 ~' b. R.12._ ~e l5 c. G.Z. age 17 d. 3.LI. age 16 6. ~ worked undercover inside theHudsan 'heater at a total nl~ four overnight events during 2009. Those events were held nn 3uly l.8-1.9, August 22-23, August 29-30, and Noveaxaber 6~7', .~,t nn bane during any nfthose events did ~' ever see the Hudson Theater security personnel oz anyone else connected with the business inal£c any atte~napt la identify juveniles nr exclude them from the premises during curfew 1-~ou~cs. Many of the ~atxotts attezadizag thasc events looked rrauch younger than 18. 7. Gn many accasinns i nave seen advertisements for overnight events at the Hudson Tk~eater stating, "No I.D. required." l dealaxe under penalty of pexjury under the laws of tl,e State of California that the foregoing is true and correct. Executed nzt March ~, x.010, at San Bernardino, California. ~.~.~.~. FRN'1/ST LUNA 2 strn~La~M~~vrAr, DacLAx.~~r~o~r o~ o~~.~~c~~ ~t~tasT LEA M su~~a~T c~~ ~raxzort ~o~ J'RE~.tMiNARX 1N.IUNCTION COO~j BQ~I~ i5565~~09L ~,~ ~0=i0 LUO~/~Z/i0 wa~0=E0 OGOZ l~ ae~ :panaa~a~ "29" r 4 s 6 B 9 1~ . ~i r2 r~ 14 1S 16 ~~ 1B ~s zo a~ a~ as z4 zs 26 z ~r za DECI,~RATI®N ®F LUKE VASQUEZ 1, Luke Vasquez, declare: 1. I: azx~ the General Manager/Partner of San Bernardino Raceway ("SBR"), located at 217 E. Club Center Drive in the City of San Bernardino. ~ have personal knowledge of the facts stated. in this declaration. 2. SBR afi'ers indoor go-kart racing and rental ofkarts and safety equipment. We have been in operation at our current location since 3anuary 201.0. We are open until 11 p.m. every day except Sunday, when we are open until 10 p.m. 3. SBR is located in the same commercial center as the Hudson Theater, located at 295 E. Caroline Street. Our business hours overlap with events at the Hudson. Theater. I am present at SBR's premises most of the tune we are open. 4. Events at the Hudson Theater invariably are accompanied by offensive and illegal conduct by patrons of the Hudson Theater iar the parking lot that we share with the Hudson Theater and the other tenants. H7,~dson Theater security are in the parking lot but. they do aaot ...walk around the lot. Instead, they stay together, The patrons of the Hudson Theater are allowed to engage in underage drinking and vandalisrrr. The Hudson Theater security could intervene in this behavior if they wanted. to, but they make no effort to do so. 5. Also, the Hudson Theater does not provide any outdoor toilets far its patrons, leading them to urinate and defecate in the parking lot. The Hudson Theater security do not intervene in this behavior either. 6. Most recetltly, on Friday, March 19, 2010, we had to ask some patrons of the 1rludson Theater to leave the parking lot in front of our building, due to the fact that they were smoking rrzarijuana in public. 7. Sanre of SBR's customers are minors. Often they are brought to SBR by their parents, who then see the atmosphere in the parking lot. This creates a negative impression of our business and interferes with our efforts to promote our business as a safe form of recreation far juveniles. 7 ~ECLARA'i'ION OF LUKE VA~QliEZ iN SUPPC?K`.l U1~ MU'1'lUti FUiZ NI~L[MiNAKY iNJU1VC:11VN ::, -~ a ,~ °~ 1. 2 ~~ 3 `l lu ~ -~ `!c ~ f~ ~~ ~~ ~ ~3 G L` "] L~ 8. ~°,~r~-ntis ~~ t~l~.e ~~I~c~st~t~ ~Tl~e~ler re~~tlt i~ r~ ~ue:~~ r~.~~tT~t~~s ~~r S~~Ti. T~~~~~ n~ajorit~' rsf ~~~s~' ~tlsint~,s~ i~ ~j~ f=ridfav anc~ ~;~t~rc~:a~ ni~~ts. C.)~~ a f=ric~av ~=4~e~~ ti?~rc ~; t~c~ e~ ~s~i1 ~t tf-~ti I~u~sc~:n '~'I~:eater; ~~R ~:v~~ically tales ire G~l~c~~~t ~~,(.}t)C} ;~~ re~~:t~ue.. 1~~r~~«~er< ~~f~~t~ tk~~:rc 3~ a.r~ ~v~n~ :fit tl~e ~-~u.~isc7s~ `I`h~:at~r cr~~ ~ l:<ri~iay ~~~~f~t, ~13~ t~%~ic~a41~}r ta~4vs in ~l~~u~: ~5(~Cin ~~;~°a~~ un~r r;~nl~~, rfi l~ei~juryr un:i~r t~~ tav+;s c~ ~~~~ ~~~~~~ ~t~C~t:l~f~3r~ _i : _l~~ ~.'~src: ~, ~ ~~ .. i,-i~e ~.d c~ .~l c.. ~, ~r~~~tu c~~. "~.~ ,~ _.: ?"°;~tl, 21(1 ~~ ~ar~ ~rna~-ciir~~~, ~Gtri~ ~,-r~i;., ,,~ .~,!~ -- `:~: ,"~° ~~ L _ ~3#3U1.A~,.-,T"~~N C~1~ T~<Ul~~ ~;'A~C~CJ'f7_, ih ~U~'['n~°[' C3~' [~1C3'1'f~N 1eC~IZ Pf~f,I1~~T1~.~1~.~'~1~1;~[1~C`~'I~~l PROOF OF SERVICE 2~ 3 4' 5 6 7' S 9 10 lI 12 13 14 15 lb 1~7 18 1.9 24 21 22 23 24 2S 26 27 28 STATE OF CALIFORI~~IA COUNTY OF SAN BERNARDINO l am employed in the County of San Bernardino, State of California. I am over the age of 18 and not a party to the within action; my business address is 300 Na. "D" Street, Rm G68, San Bernardino, Califan~ia. On 14~I~rch ~, 2010, I served the foregoing document described as: SgJPPLEMENTAL REPLY DECLARATIONS IN SllPPORT OF MOTION FOR PRELIMINARY Ii~TJUNCTION an the persons set forth below as follows: R. Bruce Evans, Esq. Roger Ton. Diamond, Esq. Solomon, Saltsman & Jamieson 2115 Main Street 426 Culver Blvd. Santa Monica, CA 90405 L.A.IPlaya del Rey, CA 90293 (310j 399-3259; {310} 392-9429 FAX (310) 822-984$; {310} 822-3512 FAX (Attorney for Margaret Sherman, Michael (Attorneys for CCI Club SB LLC} Sherman, Rajae Zarour dba The Hudson Theater) _ (BY MAIL) By placing the envelope for collection and mailing fallowing our ordinary business practices. I am readily familiar with. this business's practice for collecting and. processing correspondence for mailing. On the same day that correspondence is placed for collection anal mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. {BY FAX} {COURTESY COPIES) I faxed the documents to th.e persons at the fax numbers listed above. No error was reported by the fax nraachine that I used. A copy of the record of the fax transmission, which I printed out, is attached. X (BY OVERNIGHT) I enclosed. the docuxents in an envelope ar package provided by an. avemight delivery carrier and addressed to the persons at the addresses listed above. I placed the envelopes) or package(s) for collection and overnight delivery at an office ar a regularly utilized drop box of the overnight delivery carrier. (BY ELECTRONIC SERVICE). Based on a court order ar an agreement of the parties to accept service by electronic transmission, I caused the documents to be sent to the pe~-sans at the electronic notification addresses listed above ar on the retard. X (STATE} I declare under penalty of perjur}r under the laws of the State of California that the above is true and con-ect. ._ (FEDERAL} I declare that I am employed in the office of a member of tl~e bar of this court at whose direction the service was made. Executed. an MaR•ch ~ 2010, at San B •ri~rd' ~o, Ali ri`~ia. i -.., Angela Rodriguez, , , -_,-----•_-- A (type or print name) signature ~~, 3 SUPPLEMENTAL REPLY DECLARATIONS Ti~T SUPPORT OF MOTION FOR PRELIMII~TARY INJLNCTIOI4 3 a 5 C s ~o 11 l2 13 14 is t~ ~~ ~a ~~ 20 2i 22 23 z4 2s zr, z~ 28 .TAMES F. PENiVIAN, City Attorney State Bar No. 917E 1 JO1:.LNA )/. GRIDER, Assistant City Attorney State Bar No. 195289 DONN DIM[CI-IEEE, Deputy City Attorney State Bar Na. 84935 3U0 North D Street San Bernardino, California 92418 Telephone: (909) 381-5355 Facs~ir~nilc: (9U9) 384-5235 Attorneys for Plaintiff PEOPLE OF THE STATE OIL CAC,I~'ORNIA N~3 Pilrrag Fee I'er• Gal~e~nrn~~it C"ode ,~S 6103 SIIPERIOR COU:R'.T OF TIDE STATE OF CALIFORNIA FUIt THE CUG~NTY OF SAN BER:NARDINO PEOPLE OF THE STATE OF CALIFORNIA, Plalntl ff, ase No.: CIVDS 917881 ECLARATIONS IN SUPPORT OF MOTION OR CLOSURE OF VFNITF~ PENDING TRIAL vs. MARGARET SHERIVIAN, MICHAEL SHEItMAN, and RAJAL, ZAROUR, doing busines as TI-IE HUDSON THEArCER; CCI CLUB -513 LLC; DOES 1 through 2Q, inclusive, Defendants. AN:D RrLATED CROSS-ACTION late: March 24, 2011 'ime: 8:30 1.m. -ept: S34 udge: I-Ir~~n. John Pacl~eco `ria[ date: June 6, 2011 .etiv~i filed: Deceruber 22, 2009 Plaintiff the People of the State of Califo~-~aia, by and through. James . Penman, City Attorney of the City of San Bernardino (City) respectfully suvinit the following declarations in support of their ~r~otion for closure of the venue described as "The Hudson Theater," and located at 295 E. Caroline Street, San. Bernardino, California pending trial of this actioa~ or further order of the Court: DECL~l2A PIONS 1N StJPPOR"1, OF ~IOTI©N FOR CLOSURE OF VENUE PENDING "I"RIA:L 1 z 5 6 7 s 9 t~ al ]2 I:~ l4 1S t~ t~ is ~~ 2€~ 21 22 23 za zs z~ 27 28 CONTENTS TA.B DECI.,~R~NT l Officer Edward Azldrade 2 Officer Brent Balser 3 Officer Anthony Castro 4~ Officer Josk~ua Cogswell 5 Officer EIizabefh Co~~treras 6 Reserve Officer Michael Ecl~Iey 7 Officer Tiffany Enron 8 Sergeant Jeff Harvey 9 Officer A~~drew Iloneycutt l~ Officer Shaun. Jarvis 13 Off cer Ricardo Landeros 12 Officer Edward Lee 13 Officer Don~inicl~ 1Vlartine~ 14 Officer Rozrel Newto~r 1 S Officer Brian Dellis 16 Officer Anna Stewart 17 Officer Serbando Saen~ 18 Officer Jesse Shank 1~ Officer Kevin Silbaugl~ 20 Officer Ryan Tlzoburg 21 Officer fat7~ick Woolwcaver z I~ECLAItATIONS IN SUPPORT OF M()`I'lON FOR CI~,OSURE OF VENUE PI~~IDING TRIM, I 4 5 s Ifl I~ ~~ t3 14 15 ]6 t7 ]& 1) 2{) 21 zz z3 z~ ~s z6 27 2s DAfirD: January 21, 2U i 1 Respectft>~Iy su.bi~~itted, ;FAMES F. PENMAN, City Attorney JOLENA E. GRID ER, Assista~~t City Attorl~ey '~ DONN Di:M~:ELE,,~e~~uty City Atto~~aey ~y: Attorneys for P~aintii ff 3 DECL~IRA'1 IUNS IN SUPI'OR`1 OP MO"I"TON IaOTt. CLOSURE OF VENUE PENDING TRIAL 1. I z 3 4 5 s io 11 iz 13 i4 15 ib 17 18 19 za zi zz z~ i za zs z~ z~ za DECLAMATION OF ®~`F"~~CER EDV6IAMD ~sN~RAI)E I, Officer Edward Andrade, declare: 1. I anz a police officer with the San Bernardino Police Department (SBI?D). I have personal lazowledge of the facts stated iaz this declaration. 2. I have been a police officer with the SBPD for seven years. In addition, I have an Associate's Degree in General Education, 3. Shartly after 1:30 a.nz. on April 17, 201.0, I was dispatched to Lonza Linda University Medical Center to check and report on the condition of a stabbing victim who was there for treatment. The victim was treated in the trauma area of the Ernergerzcy Department and was then moved to surgery. I was not pei°rnitted to make contact with tlZe vieti~~n due to his condition. I declare >r.:zder penalty of per;ury u~zder the laws of tlzc~ State ;.f CalifoR-~zia that the foregoiizg is true alzd correct. Executed on January 12, 2011. r'°` ~ '~ ~OFI~I~~1~LDWAI'iD ANDRADI/ DEGLARATIf3N~ 4I O~EICER EDWARD AND:RAllE 2. DECLARATION Off` UEFICTI2 BRENT BAKER 2 3 s 8 y ~ ~~ ~~ 12 t3 is is t~ is i~ 2~i z~ 22 23 24 ~5 z~ 27 as I, Officer Brent Balser, declare: I. I am a police affcer with the San Ben~ardino Police Depal`tlraent {SBPI7j. I have personal ~srlowledge of tl~e facts stated in this declaration. 2. I have been a police officer. with the SBPD for I3 years. I have been assigned to the ~~arcotics division for the past 4 years. Dul~ng this tune I worked ia~ an undercover capacity arld conducted numerous narcotics investigations that resulted in several convictions far narcotic related offenses. These investigations ranged from "street" level sales of narcotics to major international drug trafficking organizations. 3. I received drug recognition training at the police academy before becoming an officer. In nay years as an officer, I have acquired additional experience in drug recognition. I have training and experience in identifying M.I~M ~!, commonly knourn as "ecstasy." I have testified in Superior Court of San Bernardino Co~aalty as a narcotics expert. ~. On the eveniaag of June 4, 201 U, I participated in an undercover operation conducted by the Narcotics Unit of the SBPD at the Hudson Theater, located at 295 E. Caroline Street in the City of San Bcn~aadino (City). Tho purpose of the operatiall was to investigate possible illicit dnig trafficking during a dance event at the venue. My assignment was to provide close cover for officers who were inside the venue attempting to identify sellers of illicit drugs and purchase drugs from them. I dressed as all attendee of the event for the aSSlgllrrlent. PURCI~ASE Ole' SUSPECTED ILLICIT DRUGS AT HUDSQN THEATER 5. Although lny assignment whip working undercover inside the Hudson Theater on June 4, 2010 was not to attempt to purchase illicit drugs myself, I made the following purchase of suspected DECLARATION OP OFFICER BRENT BAKEiZ t MDMA. on that date when the seller approached tne, unsolicited, and asl{ed if I wanted any pills. I z identified the tablets I purchased based on (heir size, shape, and appearance and my familiarity with street drugs: ~ APPF~C3X, TIIVIE ITEII~IS PURCHASED SELLER s 9:50 p.m. Two tablets suspected MDMA A.P., female, age 15 s ~ 6. Later, at about 1 a.n~- an June 5, 20:10, A.P. was arrested inside the Hudson Theater. By & this time, A.P, appeared to be obviously under the influence of MDMA. She was sorrzewhat lethargic y and leer prtpils were extremely dilated. Due to her apparent state of being under the i~lfluence, l did not t° try to obtain a statement fra~n A.P. regarding her sale of the suspected MDMA to nee. ti t 2 7. Although there wore uniforrraed private socurily guards inside tho venue when I made the t3 above purchase, I did not see them. do anything to identify ar interdict drug trafficking at the venue. 14 i ~ I declare udder penalty of perjury under the laws of the State of California that the foregoing is ~ ~ true ai;d correct. Executed are January ~, 201 l . t7 i~ ~ y OFFICER 13RENT BAKER 20 2I zz 23 24 25 2{~ 27 28 2 DECLARATION OF OFFICER BRENT BAKER 3. :~ 4 s 8 9 to ~~ ~z 13 I4 ~s ~Fj is i9 20 23 22 23 ~a zs 26 z~ 2s DECLARATI{)N or orrlcER ANTHONY cASTR® '', I, Officer Anthony Castro, declare: [. l am a police officer with the San 1:3ernardino Police Department ("SBPD"). I have been employed: by the SBPD far about four years. I Dave personal knowledge of the facts stated in this declaration. 2. I received basic street drug recognition training at the police academy before becoming an officer. I have training and experience iz1 identifying MDMA., commonly known as "ecstasy." I have encountered MDMA in n1y work as a SBPD officer, and my identification of the substance as MDMA has later been confirmed by crime lab testing. Froin this experience I have learned to identify probable MDMA in the field based on its characteristic size, shape, and physical appearance. 3. On tl~.e evenings of Friday, June 4, 201.0 and Tuesday, July 20, 2010, I participated in undercover aperatioi~s conducted by the Narcotics Unit of the SBPD at the Hudson Theater, located at 295 F. Caroline Street in. the City of San Bernardino (City). The purpose of tl7e operations was to investigate possible illicit drug trafficking at the venue. My assignment was to enter the venue during a dance event, determine whether illicit drugs were being sold in the venue, and if so, atterc~pt to identify the sellers a~~d purchase illicit drugs frorrr them. I dr~:ssed as an attendee of the events for the assignment. PURCHASES ®F SUSPECTE13 ILLICIT DRUGS AT MUDS®N THEATER 4. While working undercover an June 4, 2010 and July 20, 2010, I made the following purchases of suspected illicit drugs inside the Hudson Theater. I identified the substances I purchased based on their size, shape, and appearance- and my familiarity with street dr~xgs: PURCHASES ON JUNE 4, 2010 APPROX. TIME ITEMS PURCHASED SELLERS 11. p.m. One tablet suspected MDMA G.O., male, age 16; S.O., female, age 15 11:30 p.m. Two tablets suspected MDMA Michael Harrod, adult male PURCHASES UN JULY 20, 2010 APPROX. TIME ITEMS PURCHASED SELLERS 10 p.m. Two tablets suspected MDMA Enrique Alvarado, adult male i DECLARATION OF OFFICER ANTHONY CASTRO I 2 3 4 5 ~~ i a 9 ~a tt az t3 14 15 t c~ ~~ ~s 19 2U 21 22 23 24 25 26 27 28 4PPR()~. "I'i1VIE I'>l'EMS PURCI~ASED SELLERS 10 p.~n. Two tablets suspected MDNIA J.A., male, age 17 5. In making the above buys I found it easy to locate individuals inside the venue who bad illicit drugs far sale. Although there were L~niforilred private security guards inside the venue when I made the above purchases, I did not see them do anything to identify or interdict drug trafficking at the venue. 1 stopped bl~ying drugs after tine above purchases not because there were no more available sellers, but simply because I had spent all of the specially-marked cash that was allotted to nee for the operation. I declare under penalty of perjury under the laws of the State of California that tl~e foregoing is true and correct. Executed on January ..~~ _ _, 2011, . OFT 2 N ONY CASTRO 2 DECLARATION OF pl~~`IGER AN'rH©NY CASTRO 4. 1 3 4 s a ~a ~t 12 I3 t~ !s 16 t~ 3s 19 zo 2l 2z z~ 24 zs z~ z~ 2s DECLARATION OF OFFICER JOSHUA COGSWELL I, Officer Joshua Cogswell, declare: 1. I am a police officer with tl~e San Bernardino Police Department (SBPD), I have personal knowledge of the facts stated in this declaration. 2. I have been a police officer with the SBPD for eight years. 3. I received training in controlled substance identification and investigation while attending the San Bernardino County Sheriff s Basle Academy. In addition, I have received BO hours of training in basic narcotics investigation from the Department of Justice Bureau o.f Narcotic Enforcement. I have received further training fron~ senior officers while participating in the Field Officers' Training Program. I have had many occasions as a patrol officer to interview persons suspected of using, possessing, selling, and manufacturing narcotics. I have learned fa~am irate;-viewing these persons the street terms pertaining to narcotics, the effects of narcotics, and the methods of ingesting, packaging, pL~rchasing, selling and manufacturing narcotics, inclL~ding MDMA, commonly known as "ecstasy." SEARCHESIINTERVIE~'S OF ,S~TSPEC'I'EL3 ILLICIT D12LJ~G SELLERS AT HUDSON THEATER -- JUNE 4 2010 4. On the evening of June 4, 201Q, I participated in an undercover operation conducted by file Narcotics Unit of the SBPD at the IJudson Theater, located at 295 E. Caroline Street in the City of San Bernardino. The purpose of the operation was to investigate possible illicit drug trafficking at the venue. My assignment was to provide close cover inside the H~~dson Theater far officers attempting to make undercover buys of illicit drugs from subjects attending a dance event at the venue that evening. I dressed in plain clothes for the assignment. t DECLARATION OF Ot'FIC~R JOSHUA COGSW~I.L 1 4 5 ~~ 7 8 ~~ io ai 12 a~ t~ is ~6 i7 as ~y zo z~ zz 23 z~ 2s 26 27 zs ', 5. During the raa~dercover operation on Jua~e 4, 2010, SBPD officers arrested several subjects who had been identified as havia~g sold suspected illicit drugs to undercover officers inside the 1n-fudsora Theater. I interviewed and/or witnessed searches of certain subjects, as follows: (aj At about 1.1 p.m. on June 4, 201.0, I interviewed male adult subject Patrick Spicer. After I advised ,Spicer of his Miranda rights and. e agreed to speak to one, he admitted he had said ecstasy to SBPD Officer Patrick Woalweaver. (bj At about 11 p.n~. oa~a June 4, 2010, I witnessed a sale of one tablet of suspected MDMA from araale juvenile G.O. anal female juvenile S.O. to undercover SBPD Officer Anthony Castro. A few ~r~inutes later, G.O. and S.O. were arrested by other SBPD officers. Later, I saw G.O. and S.O. being searched incideazt to their arrests. Officer Robert Gates foru~d 20 suspected MDMA tablets in G.O.'s pants pocket. Officer Sherry Vasilis found ara . additional seven suspected MDMA tablets in S.O.'s bra. The tablet Officer Castro puxchased fi-on~ G.O. and S.O. tasted presumptive positive for MDMA. (cj At about 11:15 p.m. on .Tune 4, 2010, I interviewed male adult subject Nicholas Franco. After I advised Franco of his Miranda rights, he admitted he had sold two ecstasy pills to SBPD Officer Patrick Woalweaver far $15. (d) At about 1.1:30 p.m. on June 4, 2010, I witnessed a sale caf two tablets of suspected MDMA front adult male sulaject Michael Harrod to undercover SBPD Officer Anthony Castro. A few aninutes later, another officer and I arrested Harrod and I later interviewed him. Harrod admitted selling ecstasy pills to Officer Castro. The pills tested presumptive positive for MDMA. a D~.CLARA~'lON O~ OF~`TCER JOSHUA COGSWEL~L 2 3 s 6 4 t© 31 i2 13 l4 IS I6 17 18 19 2(~ 21 22 23 24 25 26 27 28 6. AIthot~gh there were unifo~~~~ed private security guards inside the venue during the event on June 4, 201 L, and the guards wee°e present when. the drug purchases that 1 witnessed were occurring, I did not see them. do anything to identify or interdict drug trafficking at the venue. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is tree and correct. laxecuted on January 1.3, 2011. Olfic r,- oshua Cogswelf~ 3 D~CLA1tAT1ON OI' OFI{ICT:R JOSHUA COGSW)11~L 5. ~ I)ECI.ARA'I`ION OE OFFICER ELIZABETH CONTRERAS 3 I, Officer Elizabeth Contreras, declare: a s 1. I am a police officer with the San. Bernardino Police Department (SBPD}, I have ~ personal knowledge o]"the facts stated in this declaration. s 2. I have been a police officer with the SBPD for mare than five years. ~~ 3. I received. drug recognition training at the police academy before becoming an afhcer. In ~ 3 my years as an officer, I have acquired additional experience in drug recognition. I have training and ~ 2 experience in identifying MDivIA, can~n~only known as "ecstasy." I have testified as are expert in caru-t ~-~ regarding street sales of MDMA and ketamine. 14 ~ s ~. O~~ the evening of July 20, 2010, I participated in an undercover operation conducted by t~ the Narcotics Unit of the SBPD at the Hudson Theater, located at 295 E. Caroline Street in the City of 17 San Bernardino (City). The purpose of the operation was to investigate passible illicit d~tiig trafficking ~$ at the venue. My assignment was to enter the venue during a dance event, determine whether illicit t9 drugs were being sold in the venue, and if so, attempt to identify the sellers anal purchase illicit drugs ~° fi-on~ them. I dressed as an attendee of the event for the assignment. z~ ~~ PURCHASE OF SUSPECTED ILLICI'T' DRUGS AT II[1DSON TREATER 23 Za 5, While working undercover on July 20, 2010, I made the following purchase of suspected 25 illicit drugs inside the Hudson Theater. I identified the item I purchased based on its size, shape, and ~~ appearance and my familiarity with street drE~gs: 27 APPRO. TIME ITEM PURCIIASED SELLER 2s 1.0:39 p.rn. Ono tablet suspected MDMA Raymond Mendez, adult ir~ale t DECLARATION OF OFFICER IJLIZABI;TII CONTRERAS 1 2 3 4 5 to it 12 t~ t~ l5 ]6 17 1S 19 20 21 22 23 24 25 26 27 28 6. After I completed tl~-e above purchase, I advised lny cover officer and Mendez was arrested, I was [atcr provided by another officer with a quantity of cash whicb I was advised load been found an Mendez in a search incident to leis arrest. I counted the cash and found $1,I50 in denoaninations consistent with narcotics sales, in addition to the marked cash I had paid Mendez for the MDIVIA tablet he sold me. 7. Although there were uniformed p~°ivate security wards inside the venue when I made the above purchase, I did not see them do anything to identify ol° interdict drug trafficking at the venue. I declare ~€der penalty of penury under die laws of the State of California that tl~e foregoing is true aj~d correct. Executed on January ~ , 20l 1, OFFICER E ABETH CONTRERAS 2 DECi,ARATION OT' OFFICER ELIZABETH CONTI~LRAS 6. ~ DECLARATION ®F RESERVE OFFICER MICHAEL ECKLE~' ~ l., Reserve Officer Michael 1;ckley, declare: -; 1. I ant a reserve police affzcer with the San Bernardino Police Department (SBPD). I have 4 personal knowledge of the facts stated in this declaration. 5 2, l have been a reserve police officer wifh the SBPD for approximately 21 years. I also ~ have approximately 1.5 years of law enforcement experience with the Sierra Madre Police Department. ~ In addition, I have an Associate of Arts degree in General Education, a Bachelor of Science degree in g Inforrr~ation Systems, and a Master of Science degree in Public Administration. y 3. On April 30, 201.0 I was working as a reserve officer and assigned to monitor activity at ~0 the Hudson Theater, located at 29S L. Caroline, San Bernardino, California. I monitored activity at the ~z Hudson Theater fi°om 2045 lours to 0200 hours on May 1, 2010. tz 4. Prior to monitoring activity at the Hudson Theater, I conducted an Internet search for the ~~ Iiudson Theater's activities foz- the evening. I found a "Myspace" page for the Hudson Theater which ~~ advertised that there was to be an event from. 8:00 p.zn. that evening untzl 2:00 a.zxz. The advertisement ~ s also stated that the event was open to all ages. ~~ S. At about 2045 hours I was patrolling the parking lot of the Hudson. Theater. I observed ~~ that there were not any "no littering" or "no loitering" sighs posted at all. Additionally I observed that ~ s the queue for patrons entering the facility did not have a security guard present at every 25 foot interval.. ~ ~ The grant section of the queue was about 225 feet long and there were only two security guards 20 znonitaring it. The rear queue was about 90 feet long and had only one security guard monitoring it. 2i The queue of waiting patrons was so long that the provisions set up could not properly contain, control ~~ and gz.zide the large crowd that was waiting to get .into the venue. ~~ 6. I observed that the parking let south of the business was poorly lit and was not being z~ patrolled by security. I also observed approximately 11 male teenagers in the west parking lot loitering ~~ for snore than 15 zz~inz.~tes. I~udson Theater staff was watching the group but did not make any effort to zb prevent them from loitering, 2~ 7. I absezved the security that was stationed at the entrance to the venue for about 25 2s minutes. I noted that for a majority of the time, the metal detector on the male side was zznplugged and DECLARATION OF iUIICHAEL ECKLIJY z s s ~~ Iz i3 ~a 15 ~~ ~7 is I~ zo ~I. 2z ~3 24 as 26 2~ ?s inoperable. 1t appeared to nee that the security guard was aware that the detector was unplugged because he kept Isicl<ing the power cord out of his way as he moved around. About 80 male patrons passed th1°ough the metal detector wllde it was unplugged.. 8. From about 2355 flours unti10020 hours on Saturday, May 1, 2010, 1 monitored activities inside the venue. At 0000 hours I listened for any bind of annol~ncernent regarding the beginning of curfew and advising juve~ailes to leave, but I did not hear any announcernez~! of this kind. I estimate that there were about l00 young teenage patrons between the ages of 12 and 16 inside the venue. I also observed the restroorns inside the ve>~ue for about 20 minutes. During this tine I did not see any security guards cl~eclt inside the wa~nen's restroo~n. 9. At about 0035 hours on May 1, 2010, :~~hile patrolling the ??gain parking lot, 1. arrested a 16 year old female for violation of the curfew ordinance. 10. At about 0130 hours I contacted Margaret Sherman and infoi7ned her that she was in violation of the prelira~inary injunction issued by the court on April 9, 2010. [issued Ms. Sherman a citation for the violation.. I declare under penalty of perjury Under the laws of the State of California that the foregoing is true and correct. Executed on January 5, 201 1, at San Bernardin , aliforni , ~ r~ t ~~~. Michael E DECLARATION OF MICHAEL, ECKLEY 7. ~ I)ECLA~ATIUN OIL OFFIC'EI~ TIFFANY Ell~I®N ~ ~ 1, Officer Tiffany fJznon, declare, a 5 I . ~ 1 am a police officer with the San Bernardino Police Depaz°tn~ent (SBPD}. I have ~ perso;~al lcnowledge of the fhets stated in this declaration, ~ 2, l have been a police officer with the Sl3PD for more than five years. In addition, I have a K Bacl elor's degree in public ad;niz~istt-atioz~. y 3. l received training in the recognition of illicit drugs at the police academy before ~~ becon-zitlg an officer. In y years as an officer, 1 have acquired additional experience in drug ~ ~ recognition. I have training and experience in identifying the illicit drug MI~i'vlA, commonly known as ~'- "ecstasy." ~~ i4 TI~I%: HUDSON THEATER is 4. The Iiudson Theater, [orated at 29S ~. Caroline Street in the City of San Bernardino ~~ {City}, is a venue for dazace events, typically featuring eleejay music and ].acting I'iorzz 8 p.rn. to 2, a.rri. ' ~ lVlost events at the Hudson Theater take place on Friday or Satr€rday nights. I have been to the Hudson ~~ Theater drtring nztt~zerous events held there, both in uniform and undercover, and both. inside and outside ~`~ the venue. As set forth later in this declaration., I have made undercover purchases of illicit drugs inside; zc~ the Hudson Theater while posing as an attendee of events at the venue. 21 5. Du;-ing the last several years, the Hudson Theater has been. the site of constant and severe z2 criminal activity and has been a continual drain on the resources of the SBPD. Personal and property z3 cringes regularly occur at the venue, These have included repeated instances af' assaults, car thefts, drug ~~ possession and trafficlcizlg, subjects tinder the influence of illicit drugs, public intoxication (even though ~s too alcohol is permitted to be served at the venue), and juvenile curfew violations. In May 2009 a fatal z~ shooting occurred err the Hudson Theater parking Iot. The reclzrrent criminal activity at the venue and z~ the resulting stress czn the Sf3PD's resources have cozxze at a time when those resources already are zs challenged because of the depressed financial condition of the City. r DECLARATION OF' OCI~I.C~:It `I"II~F'ANY E11~107vr 1 4 5 R io ti iz 13 ~~ l5 t~ i~ is i~ z~ 21 z2 23 7c} 25 u~ 2~ 2R L![~clercover llrt[ 1'urcl~ases -,lCu1 ~ tk~rou 71t Noveu~ber 20U9 6. In addition to tl~e general critni~~al activity at the F-Judson Theater as noted above, in recent years the venue has become a haven for. illicit drag trafficking, ~~nostly ir3volving MDMA. To determine the extent of trafficking at the venue, the Narcotics Unit of the SBPD has conducted seven undercover operations there, lour during 2009 and. three during 20l 0. In these operations, plainclothes ,SBPD officers entered the venue during dance events, identified individuals wl~a were selling illicit drugs, and purchased drugs f-om them. Uther plainclothes SBPD o#`ficers provided close cover for the safety of the officers who were purchasing drugs. Unifarn~ed SBPD officers were statiancd outside the venue to arrest subjects who sold illicit drugs to undercover SBPD officers. Due to the nurr~ber of officers re Euired far undercover drug purchase operations, they are expensive and we can only afford to do a lii~~ited n~~nzber of them.. 7. In the four undercover operations in 2009, SB!'D officers made more than G0 undercover purchases of illicit drugs. ~I'he sellers i-~cluded juveniles under the age of 18. The results of'these operations, as shown in ofhcial reports prepared by the participating officers shortly after the operations, a~~d reviewed by their supervising al'ficers, were as follows: >1}ate No. of buys Total cfr~[~s recovered No. of iuve~~ile seders July 18 7 477 tablets MDMA; 2 grams lcetamine August 22 9 83 tablets MDMA 2 August 29 11 274 tablets MDMA; 3.4 grams ketamine Noven7ber 6 lb (not compiled} 4 8. I participated in the 3uly 18, 2009 operation. as a unifarn~ed men-~ber of t31e arrest team, and in the August 29, 2(}09 operatioa~ as an undercover drug purchaser. During the August 29 operatlon I ~r~ade two undercover purchases of suspected MDMA while inside the Iludsan Theater. I bought two tablets each time for a total of four tablets. 9. Based. on my experience in the prevention and investigation of illicit drug trafficking, it became readily apparent to n1e from my participation in the 2009 undercover drug operations tlaat the procedures being used by the Hudson Theater private security guards to prevent drugs from being D~Ct,ARA.TtON OF Of'F1C~.R TFF'FANY F,MON z 3 4 5 6 H ~~ to li Iz 13 14 ~s I~ 1~ 1a 19 2(3 21 zz 23 z~ 25 z~ 27 z~ brought into and trafficked in the venue wore completely inadeduate. Illicit dregs easily could ire bro~ight into tl~e venue and purchased inside. This was demonstrated by the n>,.~rnber of undercover purch~tscs the SB}.'D officers were able to make in a relativc;ly short tine -between 9 p.m. and midnight for each event -- in the 2009 operations. THIS APRIL 9 201(3 INJUNCTION 10. In December 2009, the fan Bernardino City Attorney b~°ought dais action an behalf of the People of the State of California to abate the Hudson Theater as a public nuisance under the Drug Abatement Act and the general law of ~luisance. In January 2010, the People >~noved for a prelilx~inarY i~7junctian seeking to suspend ar restrict activities at the Iludson Theater pending a trial in this action. 11. In late March and early April of 2010, nay partner, Officer Brian Dellis, and I were asked by the O('fice of the City Attorney to suggest provisions for a preliminary injunction to be issued by the court in this case to address the recurrent drug trafficking and other criminal conduct at the venl'ie. Officer Dellis and I proposed numerous provisions that, if followed, would make it significantly harder to bring illicit drugs, weapons, or other illegal items into the venue or to purchase or sell illicit do€gs there. 12. In Apri12010, 1 was provided with a conformed copy of an order granting a preliminary injunction in this case, signed by Judge I'rangie on April 9, 201.0 (April. 9, 2010 injunction). I have reviewed the injunction and am faz~ilia>° with its provisions. The injunction incorporates the provisions proposed by Officer Dellis ar~d I. It contains 38 separately stated terms, among which are the following: • -Che unlawful selling, serving, storing, beeping, manufacturing, or giving away of any controlled substance, precursor, or analog at d1e venue shall not be allowed. (Injunction, ~~ 2.) • All persons entering the venue, includi7~g entertainers, and their property, must be sear eked by security officers and scanned with a metal detector prior to entry. (~~~ 4.f, g.) • No illegal items of any kind may be brought inside the venue. (~( 4.11.) • No baclcpaeks, .purses, bags, fanny packs, satchels, duffel bags, tote bags, or other similar storage containers are allowed inside the venue. (~ 4.i.) 13. After the April 9, 2010 i~~junction was issued, the S13DD assigned Of~eer Dellis and I to DECLARATION OI' OI~FICERTIFFANY IIVION i 4 s s ~? io ~i ~? i~ ~4 ~s ~~ 17 18 i ~~ zo zt 22 23 24 25 26 z~ zs r»anitor the Hudson Theater's cor~~pliance or lack of coz~npliance with the injunctian. In perf~'zrn~irlg that assignment, I have visited the venue z1u~n~eratrs tiz~nes since April ~), 2010, both in uniform ~znc[ undercov~:r. In these visits, I have scer~ no sigr7ifrcant inlproven~ent in the rncaslrres taken to prevent drug traffteking, and no corresponding reduction iz~ the availability oI'illicit drugs. On the contrary, in th~•ee undercover operations conducted by the SBPD Narcotics Unit at the Hudson Tl-zeater since April 9, 2()l (), drug selling at the venue has contin~rcd rznabated. Following is a sun~n~ary a1`these undercover operations. In each case, the Irgure for total drugs recovered includes drugs purchased by undercovez° officers, dregs found. on the sellers during searches incident to their arrests, and drugs recovered fi-orrr those in possession of them in the parking lot of the venue. I participated in all. three operations as an i undc;rccvcr bi.yer and I was involved in multiple drug transactions as stated below. Where I wits z~ot personally involved in a transaction, I have based nay suinnzary on the reports of the involved ol~cea-s, prepared shortly after the transactions, and have referred to the declarations submitted by those ofhcers in which they have set forth the details of the traz~ actions. Those declarations are being s~.rbmittEd concurrently with this declaration. POST-INJUNCTION DRUG TRAFrICI~II\iG AT HUDSON Tl`ICATFR first Post-Iu'ur~ctioji U~tdercover ® eration -- Juy~e 4-~ 2010 14, About two months after the Aprii 9, 2010 i~~junction was issued, during an event on the eveni~rg of June 4, 2010 and into the morning of the following day, the SBl'D conducted its Crst post- injunction r~~~dercover drug operation at the Hudson Theater, with thu following result: No. a#' b~Ys ';C=otal drugs r-ecovered N©. ot• Juvenile Sellers l 1 137 tablets suspected MDIVIA; 7 cocaine; marijuana I participated in the June 4, 20I0 aperati©r1 as alp undercover drug purchaser and. made the following three buys: App_r_o_x. time ,llru~s ~urcl~ased Seller lO p.m. I tablet suspected MDMA S.R., age 1~ 10 p.m. 1 tablet suspected M®MA J.C., age 17 11 p.in. 1 tablet suspeetecl MDIVIA Juau Ramirez, adult male 4 DICLATtA'I'1QN OH' OPFIC~R'T"1F~FANY ~MQN z 5 s y io ~l ~~ 1.3 I4 iti i~ ~~ ~s ~ ~~ 20 z~ 2z J3 z~ ?s ~~ 27 28 15. J.C. was arrest~;d a~~d interviewed in ~~~~y presence by SBPD Officer .Iesus Vega after his ,sale tc~ nee. J.C. admitted to Officer Vega that he sc.~Id MDMA to me. I6. Before I made the buy from Ran~irer, i suspected Ile was selling illicit drugs becaLise I saw him make what appeared to be a hand-to-hand sale to an unknown female while 1 was on the dance floor of the Hudson Theater. I then approached Ramirez and asked him for some "P~." Ramirez asked how many I wanted, and I asked for on.e pill. We negotiated a price of $10, which is the usual street price for one MDMA tablet. I gave Ra~nircz $IO and. he gave nee the tablet of suspected MDMA. 37. In addition to the I l guys inside the venue at the June 4-S, 201(? event, SBPD officers patrolling the Hudson Theater parJcing lot detained and arrested H.O., age 17, in the back scat of a vehicle ~~ritl~ 1? suspected MDMA tablets in his pocket. A vial of cocaine and baggies of ~x~arijuana were also in the vehicle. H.O. admitted to the officers that he brot7ght the MDMA and n~arijl~ana to the venue in order to sell tl~ern there. (See Declaration of Officer Shaun Jarvis.) ~Seconcl Post-In'uf~Ction Undercover O eratioi~ --Jul 20-21 2010 J 8. About six weeks after the Juno 4-5, 201.0 undercover operation, the SBPD cond~icted a second post-i~~junctior~ undercover drug operation at the I-Iudsol~ Theater. This operation tools place at a weekday event beginning oil the eveni~zg of Tuesday, July 20 and ending on Wednesday, July 21, 2410. Even though this event was attended by only I00 to 204 persons -- far fewer than usual for the venue -- the undercover officers still made purchases of suspected MDMA fro~~ three sellers and recovered additio~~al drugs as follows: No. of buys 4 Total drubs recovered No. of Juvenile Sellers 52 tablets suspected MD1VI<A 1 (See Declarations o E Officers Anthony Castro, Blizabeth~ Contreras.) T participated in the July 20-2I, 201.0 operation as a prospective drug purchaser, and SBPD Officer Antl~oa~y Castro and I bought two tablets of suspected MDMA far $20 from a€~ unknown male seller at about 11:30 p.m. We were unable to farad the seller later so lze was not arrested and we never learned his identity. 19. In addition to the dn~g buys noted above, SBPD officers made a trafl~c stop of a veliiele leaving the Hudson Theater during the July 20-21, 2010 event in which one of the passengers had 46 S DIJCLARA~rION OF OT~FICGIZ 'I'IF'ANY EMON ~ suspect~ci MDMA pills and a small an~aunt of marijuana. The subject s~€id hc~ had come to the HLGdson ~ Theate;r to sell ecstasy pills and had said twu pills that eve~~ing far X10 each. {see Declaration of Officer 3 F;dward Lee.) 5 Third Post-1_~~juuction Undercover O~eratio~z -- August 27-28, 20I0 ~ 20. About five weeks after the July 20-21, 2010 undercover operation, the SBPD conducted a ~ third post-injunction undercover drug operation at the Hudsan Thc;ater. This operation took place at an s event heginning on the evening of Friday, August 27 anal ending on Saturday, August 28, 2010. T13e `~ ua~dercover officers n7ade the fallowing purchases of suspected MDMA: ~~' No. of~ bum Total drugs reco~s~ere[l No. of Juvenile Sellers ~ ~ 7 30 tablets suspected MDMA 2 ~~ (See Declarations ol'Officers Andrew H~o~neycutt, Ronel ,Newton, Anna Stewart, Patrick Woolweaver.) 1. 13 participated in the August 27, 2010 operation as aa~ undercover drug purchaser and made the following i ~ two buys: ~s Approx. tii~~e llt-u~s purchased Seller ~~' 9:50 p.~u. 2 tablets suspected MDMA A.iVI., age 17 ~~ Ili p.m. 2 tablets suspected 16~ID~IA Arthur Gracia, adult male ~ ~ 21. After selling the MDMA to me, A.M. was arrested by other SBPD officers & seas°ched in ~`~ my presence. Ten additional tablets of suspected MDMA and X144 cash were found on his person. At 2° about 12:05 a.m. on August 28, 2010, I interviewed A.M. After I advised hin-~ of his rights, A.M. told 2 ~ me this was his second time selling pills at the Iludson Theater. A.M. said he had brought 15 pills to the ~~ Idudson Theater to sell and had taken them thraugh the fi-ant entrance. I asked. A.M. if he was searched ~~ by the Hudson Theater security and he stated, "Yes, but they don't know what they're doiaag." 24 zs API2~L 17, 2010 STAI313>1NG 2c 22, In addition. to the post-injunction drug trafficking set forth above, serious eri~nes against ~~ peg°sons and property 1~ave continued unabated at the H~idsan Theater since the injunction issued. The 2s most seriocts of these to date is a near-fatal stabbing on April 17, 2010, just ane week after the injunction DE("LARATION OP OF~{].C~R TII'~'ANY ~;ivfON ~ was ,ranted. 'hhe details of this i€~cide€r•t are stated in the declarations of SBPT) Officers Rya€~r z Thc~rnb~rrg, Serbando Saenl, ar~d Edward Anc[rade, sub€xritted concurrently with this declaration. As 3 stated in CJfficer- Thornb~irg's declaration, the assaikant said he bro€€gkit the knife usid in the stabbing ~ into the l~~udso€~ Theater through the front entrance, anal the Hudson Theater security "missed it." s {' CONDUCT ®T .I-IfJDS®lV` T~I€EATER 1'~ZiVATE SEC`ti;E2ITY ~ 23. Security at the pli~dsan Theater is provided by a private company, Paier~cia Private Patrok. K I=laving been at the I~Iudson Theate€- both inside and outside the facility during events bode before and. `r after the April 9, 20l 0 injunction, I have lead a€rrple; opportunity to observe the performance of the ~ ° .private security at the venue. r have seen no significant improvement in the .performance of the security j ~ personnel since the injunction. Their performance remains con~pleteky inadequate either to stop i2 contraband fi•or17 being brought inside the venue ar to prevent drug trafficking inside. I base this rs conclusion or1 the*, continuation of the drug trafficking unabated following the injunction as shown above i4 - l 8 undercavea- p~.€rchases in just. two events and are additional three purchases at an event that was ~ 5 extremely sparsely attended; n~€ore than 200 tablets of suspected MDMA recovered - on the stabbing r~ conzrnitted on April 17, 2010 with a la~ife brought into tl~e venue through the front entrance undetected ~~ by security, and on the observations I have made while at the venue since the injunction. was granted. ~ s 24. For exa€nple, on April 23, 2010 at about: 7:50 p.m. on the evening of an event scheduled r{~ to start at 8 p.rn., I was r€~ tl~e Hudson Theater parking lot in uniform. I saw ~€bout four males with zo musical equipment walk through the south entry doors into the venue without being searched by security '~ of~ccrs ar scanned with a metal. detector. Tl~e Apri19, 2010 injunction plainly states, "All patrons and ''-z other persons entering the venue (including deejays, band members, and othet° er~~tei~tczinerr) and their z3 property must be sea€-ched by security afticers prior to entering the venuo," and further states, "All 24 patrons and. other per-sons entering €he venue (includii2g deejays, hands, arzd odier• e€~ter~tair~ets) must be zs scanned with a nietak detector prior to entering the venue, to prevent tlae introduction of weapons into the zG venue." (Ir~tju€`rction, paragraphs 4.f and g, en~.phasis added.} z7 25. I was in the H~rdson Theater parking lot in uniform agai€~ on August 28, 2010 at about 10 zs p.n-r. while an event was going on inside. Several other ~u~iforn~ed SBPD officers were there as well, DECLAIZAT(ON OF OFFICER TIFFANY EMON i including S~;t..lel'f Harvey. As we watched tl~c 1-ludsor~r Tlreater security searching patrons enuring the venue, we c;orrld see that. tl~e searches they were conducting, which consisted of briefly patting down some areas while leaving otlrers wholly unto~rched, were inadeduate to detect contraband. In addition, ~ subjects were being allowed to leave acid re-enter the venue without being searched. Sgt. Har°vey 5 eventually approached. one o9`the secuuity supervisors who was at the scene watching the searches, and ~ advised 13im that the searches were ineffective. The supervisor- agreed that the searches were ineffective, 7 'but said that if the security o(~Eicers conducted. aggressive searches the patrons would get nnad ar~d start b "cussing" at them. (See lleclaratior~ of Sgt. ,lef'f Harvey.) y 2G. In addition to the inadeauau door' searches, 1-~Iudson Theater security make na serious ~o effort to pr°cvent or interdict drug trafficking inside the venue. On each occasion I have worked ~ i undercover inside the venue, there have been security uf~cers inside, but drug trai-rsactions Dave gone on ~2 in plain view with no atun~pt by the afCrcers to investigate or intervene, and l have had no difftctrlty r3 either in finding drug sellers fi°om whoz~~ to buy or in coll~pEeting transactions without any interference t4 from the 1-ludson Theater security. rs ~~' ADDITIONAL VIOLATIONS OI+ ~I`HE APRIL 9 2010 lE'RELiMIiNARY INJUNCTION ~~ Cur~'erv Vi®~ati~~~s rs 2'7. Chapter 9.65 of the Sari Bernardino lvl~~unicipal Code (SBMC) prohibits allowing ar~-y ~ ~ n7inar° {del'rned as a person under 1 S) to remain isa an establishment after midnight on a Friday or a ~~ Saturday, or after 11 p.m. Sunday tht~ouglr Thursday, unless there is a defense udder section 9.68.030. ~ ~ One of the defenses applies where the mirror is "exercising first Amendment rights protected by the z~ United States as~d California Constitr.stior~s, such as the free exercise of religion., freedom of sl~cech, ar3d ~~' the right of assembly ...." (~ 9.08.030{8j.) 24 28. Paragraph 4.e of the April 9, 2010 injunction provides that except as otherwise provided Zs in section 9.68.030, minors nzay not be on the premises of die Hudson Theater after curfew. 26 29. Notwithstandit-rg section 9.68.030 and the injunction, the Hudson Theater has allowed 2~ and. cautinues to allow persons ruder IS -including those as young as 12 -- to remain in the venue after 2s ~ curfew. At a typical event attended by several thotrsanc( patrons, them are hundreds ol~patrons in the s ~cc~~t7nTto~ o~ ot~~rc~~ Tttar~NY ~;~~ro~i ~ venue after curfew who appear to be well under l S. SBPD ofCcers have cited and removed some of these individuals from the. venue and released them to the custody of their parents or guardians. Since ~' this procedure requites that we contact the parent or guardian and then retain custody of the minor until `~ the parent o~° guardian arrives, we usually do this only with the youngest patrons (e.g., 12 or 13}because s we consider them tl~e most vulner~ible. We simply do not have the resources to cite and release all of the b minors we observe in the venue in violation of the curfew ordinance. ~ 30. When we have cited and removed minors from the venue, we have also cited defenda~at s Margaret Sherman. far allowing the minors to remain. She currently has about l~ rnisdctrreanor ~ prosecutions pending against her for these violations. 14owever, the conduct lras continued. ~~7 31. The I ludso.~ Theater leas purported to -justify Phis conduct by clair7~ing t13e minors who are ~ ~ allowed to remain in the venue after curfew are "exercising First Amendr~nent rights" and therefore the i2 defense render section 9.b8.030(8) applies. 1r~ an apparent effort to bolster this defense, in recent months ~3 the l~udson Theater has begun posting and distributing written information suggesting to patrons that ~ 4 what they are doing in the venue yualiiies as "exercising First Amendment rights." Qne of the materials ~s distributed during events is a two-page printed handout entitled, "The Hudson School of Constitutional ~r' Rights and the Study oi~the Bill of Rights." {See people's Exhibits submitted concurrently with this t7 declaration.] This document states in pact: "The iludson Theater is protected by the First An~endnaent ~s to the United States Constitution against any encroachr~~ent by the City of San Bernardino. From time- ~ y to-time city officials, including police ©fficers, who do not like certain kinds of music, will attempt to '~ prevent an audience from. listc;ning to certain types of music. Tlae colrrts have construed tl~e speech zi clause of the First Ar~~endrnent to include music. See Cinevisiai~ Corp., v. City of Burbank, 745 F.2d zz 560 (9th Cir. 1984)." The document then goes on to state: "Based upon these authorities it is clear the z3 right to listen to music is also protected by the First An~endrr~ent as well as the right to broadcast or za present music." Thus, the document effectively advises patrons under 1 ~ that as long as they are zs listening to music, the First Amendment permits them to be in any location they wish at any tine of day '~' tllcy wish and the .police cars da nothing about it. z7 32. Moreover, though I have been i~~side the Hudson Theater during events at the venue zx undercover and in uriifor~~n appraxitnately eight tir~aes since the April 9, 2010 ir~~unction was granted, 1 DL:CI,AI2ATION OF OFFI.CIaR TIFFANY IaMON _._...__......_~_ I 2 3 s 7 s ~© €~ i? 13 t~ IS I6 ~~ ~s ~~ 2U 21 2z z3 24 Zs 26 2~ za have never seen or beard anything renaotcly €~eseml~ling a "school" them:. Tl1e activities at the venue consisi of dancing and socializi€~zg with other attendees. `T'here are no classes, bE~tioks, o€• instructors. ~I'he music is kept at a voiutne so high that the kind of speaking that wog€Icl be redz€ired for instruction to take plae-e is not possible. At midnight dr€€•ing some, bti€t not all, events, a clecjay has read a brief state€nent about the first An~endn~ent, which has been only partly intelligible becat€se of"!l~€e an~bi~nt noise. 33. Since the Apri! ~), 2010 injunction was granted, I have issued or witnessed the issuance of more than a dozen criminal citations by SI3PD officers to minors under 1 S for being inside the Hudson Theater d€zring curfew hocn-s izz violation of the ordinance. As part of file investigation into curfew violations, SI3I?D officers aslc n~ino€-s a series ofgr€cstions to determine whether oz-ze of the defenses set forth in S~BMC section 9.08.030 might apply. .For exaz~ple, we ask the miizors whether they are accompanied by their parent or guardian or on an errand at the direction of their parent or guardian, which arc defenses under the ordinance. We also aslc there whether they are exercising their first Aznendznent rights. 34. In the n-zore than a dozen times since the April 3, 2010 inju€ZCtian was issued that I have asked oz- witnessed another officer asking a minor at tl~e venue whether the minor is exercising; his or her .first Amendz~~ent rights, not a single minor has ever claimed to have been exercising his or her First An-€end~Z~ent rights. Most commonly, the minors appear bewildered by the dt€estiorr, and they typically aslc us what "first Aznend7-z~ent rights" are. When we ash their€ what they a€~e doing in the venue, they typically say they are dancing or hanging out with their friends. .Event Advertisin Violations 35. The 1lpril 9, 201€ izajunction provides: "Except as otherwise provided. in ~Sl3MC section 3.68.030:.... Advertise€nents for events open to minors mz€st clearly and accurately state that the; event will end at curfew. T'he applicable curfew fizzle for tl~e day of the event must also be clearly and accurately stated in all advertiscn~e€ats." (~~ 4.e(3).) The April 9, 20].0 injunction fi€rther provides: "The venue capacity of 3,450 must be clearly and accurately stated in all advertisements for events at the venue." {~ 4.cc.) 36. Since the April 9, 2010 injunction was isst€ed, I have reviewed advertisements for events ~o r~~c~.,~R~~,lo~ o~ or-rrc~~ rlr~~,~~y ~~~o~ ~~ s 6 s <j io i~ ~2 ~3 14 IS I6 ~x ~~ zo 21 22 23 24 ~s z~ 27 as at trio Hudson Z°hez~ter periodically by elleclcing the 11~ternet, where advertising for these events r~~ost often appears. The ads I have reviewed h~~tve. not complied with the rech~irements of the April 9, 2010 injEt~7ction. Instead, they have stated that pate°ons of`"all ages" nay attend the events, and that the events will last until 2 a.n1., thus representing to those under 18 that they are. perrr-~itted to remain ire the venue after the curfew tunes established by SSMC section x.68.010. 1n addition, the ads have nat stated the ve~~~.~e capacity or cut°few time for- the day of the event, 37. By searching on t17e Internet, I located 75 advertisements for 76 everts at the Hudson Theater from Api°iI 23, 2010 to January 22, 2011. During my reviow of these advertise~~~ents, 1. determined no~~e met the requirement that the venue capacity of 3,450 be listed. Nine advertisements inaccurately listed the vez:ue capacity (4,000-E- on June 19, 2010; 3,000+ on October 23, 2010; 5,00{)~. on October 8, 2010; 5,000+ an October 29-30, 2010; 5,000 on. November S, 2014; 5,000 on November 12, 2010; 3,500+ o~n December 4, 2010; 3,500+ on December 1 1, 2010; and over 2,500+ an December 18, 201.0) while 66 advertisements failed to list the capacity at all. 38. During my review of the aforementioned 75 advertisements for 76 events at the I-Iudsan Theater ~fi-o~m April 23, 2010 to :fanuary 22, 201.1, I also determined mai~~y of them failed to indi.catc that the event would end at curfew as reclui~-ed. Thirty-eight of those advertisements stated that the evert was open to "all ages" or made a silmilar reference indicating minors were permitted inside the venue for the event. laa none of these 38 advertisements was there any indication that the event would end at curtew. Instead, iii 31 of the advertisenlcnts indicating all ages may attend, the advertiserr~ea~ts indicated the event would encl at 2:00 a.m., long past curfew. The remaining seven advertisements listed no event end time. [~inally, none of the 75 advertisements stated the applicable curfew time for the day of the event as reduired. CALLS FOR SERVICE 39. One of my responsibilities since the granting of the April 9, 2010 injunction has been to 1-eep track of the number of calls for law enforcement service generated by the Iludson Theater. To date, there have been approximately 230 calls for service during that period. There have been. approximately 218 calls for SBI'D service and approximately 12 calls for San I3eardina Dire DECLARA'['ION OF OI~F[C"ER TIFFANY EMON ~ Det~~~rtn~ent (5~31~~Dj service. Responding to these calls has cost the SBPD the equivalent of '- al~~proxiaa~ateiy `8,000 in personnel and eeuipnaent tune. This estim~~te does not inch~de any oCthe ~aaan 3 l~oe~t~s and ec~uil:~aaaciat costs of~the SBFD. The foregoing arnaunt also sloes not include the numerous f~aan 4 hours aizd equil~naent costs borne by the SBPD fc3r self initiated activity at the Hudso~a Theater desig~aed to detect, prevent and investi~atc cri~a~es at that location. This amount far exceeds the costs generated by ~ any other venue: in the City. The Hudson Theater is easily the greatest service drain I have encountered 7 in nay more than hve years as an SBPD officer. a `~ I declare under pe~aalty of pert:j~ury under the larx~s of the Si:ate of Califon°nia that the fiore~;oing is ~~ true a~ad correct. Executed on January 20, 20t 1. ii ~'~i ~~ ~4F1 Z EI~Il~1~"ANY ~MQN ~~ 15 {q ~7 ~~ ~9 ~~ ~~ 22 23 2~l ZS 26 27 28 !2 DECLARATION OF OFE lE"ER 'I'If MANY ETON 8. I :~ 4 5 s 8 ~o 11 12 ~~ 14 i5 16 17 ~~ t <3 2~r zl zz ?3 za 25 2v 2~ 2~ DECLAMATION OF SERGEANT JEI'F HARVEY I, Sergeant aeff Harvey, declare: 1. I a~n a sergeant with the San Bernardino Police Department (SBPD). I have personal knowledge of the facts stated in this declaration. 2. I have been a police officer with the SBP~D for I6 years. I also gave one year of taw cnfo~-cen~ent experience with Los Angeles Police Departr~~ent. In addition, I have a Bachelor's degree in Cl~en~istry. 3. On the night of Saturday, August 28, 2010, starting at about 7 p.m., I was assigned to z~onitor activities at the Hudson Theater nightch~b, located at 235 E. Caroline Street in the City of San Bernardino. Throughout this assignment I wore a full polio uniform. 4. 'T'here was an event taking place at the Hudson Theater that night called the I~osmic Festival. During )Host oi'thc evening T stood outside the front of the club by the ~Y~ain entrance. Personnel fi-o~r> Palencia Private Patrol were at the entrance conducting pat down searches of persons entering the club. 5. In nay career as a law enforcement officer 1 have conducted tl3ousands of searches of individrials for weapons and contraband, and I have received professional training in haw to conduct effective searches. The searches being conducted by the Palencia personnel at the Hudson Theater on 1~ugust 28, 2010 never approached the kind ot•thorough search that would reveal weapons or contraband, Security personnel. were simply patting down subjects' upper thighs. They never checlccd the subjects' entire legs, pants, shoes or socks. i DECI.,ARA'rION OI' SERGEANT JE~'l~ HARVEY i 4 s ~~ A ~ ~, 11 t2 t~ 14 15 i6 ~~ ~~ ~~ 20 21 22 23 24 25 26 27 28 6. I saw a fen~alc security oft~icer, in particular-, conducting searches that consisted of patting girls' legs and checking their bras and purses. The af~cer never touched the subjects' shoes or lower pant legs. Afte7- seeing this, I poi~~tcd out to the offcer tlae n3istares she was making. 7. I also saw several subjects exit the club who were then allowed by security to go back into tl~e club without being searched. They carried bulky objects inside that also were not searched. These poor search practices wauld easily allow cont~°aband to be care°ied into the club. 8. After spearing to the female security officer, I spoke to Weo~n Kim, who identified hinaself as the ovv~;er of Palencia Private Patrol. Mr. I~.im was standing at tl~e entrance to the club and had been observing the searches being conducted by 11is personnel at the same dine I was observing then. I told Kim the searches were ineffective. hie replied, "I know. 'But i:f we do aggressive searches they get n-~ad at t-s and start cussing at us." I declare ender penalty of perjury under the laws of the State of California that tl~e foregoing is true a~~d coy°reet. lxecuted on January , 2011. t~~~ SERGEANT JEFF 2 VEY DECt,ARA`rlON Off' SER.GEAN`I" .TEPF' HARVEY 9. DECI~ARA'I`ION OI` (II`IErICER AN~~RE'~~' HONEYCUTT I, Officer Andrew hloneycutt, declare: 4 5 6 s r~ ~l iz t3 14 is i~ ~~ is ty 20 2i z2 23 24 2s 26 27 28 I . 1 a~r~ a police officer with. the San Bernardino Police Department (SBI'D). I have personal knowledge of the facts stated. in this declaration.. 2. I have been a police officer with the SBPD for four years. 3. I received drug recognitio~~ training at the police academy before becoming an officer. In ~x~y years as an officer, I Dave acquired additional experience iz~ drug recognition. [slave training and experience i~1 ide~~tifying MDMA, co~x~znanly known as "ecstasy." 4. On the evening of August 2'7, 201.0, I participated in an undercover operation. conducted by the Narcotics Unit of the SBPD at the Hudson Theater, located at 295 E. Caroline Street in the City of Sai~ T3ernardino (City). The purpose of the operation was to investigate possible illicit drug trafficking at the venue. My assignment was to enter the ve~x~ie during a dance event, determine whether illicit dr~igs were being sold in the venue, and if so, attempt to identify the sellers and purchase illicit drugs ii'on~ them. I dressed as an attendee of the event for the assignment. PURCIiASE OF SUSPECTED ILL[CIT DRUGS AT HUDSON THEATER 5. While working undercover on. August 27, 2010, I made the following purchase of suspected illicit drugs inside the Hudson Theater. I identified the substances I purchased based on their size, shape, and appearance and my familiarity r~rith street drugs: APPROX. T11VIE DRUGS PURCHASED Two tablets suspected MDMA SELLER Adrian Lara, adult male I a:45 p.m. t DIJCL,ARn'FION UP OFFICER ANDRIJW IIONEYCU~T'r 3 5 f3 7 ,~ it 12 i~ ~~ ~~ t~ ~a [s ~~ ~o 2~ 2z 23 24 25 26 27 28 I fi. Nara was arrested by other SBI'D ot~icers inside the Hudson Theater at about 11 p.m. on August 27, 20I0. After the arrest, at about 1 1:55 p.rtl. that cver~it~g, I interviewed Lira with his consent. Initially, Lary denied dxat he sold one anyt11i~1g. I tl~cn described how I had purchased IVIDMA fi-on1 Lara and how much anoney I had paid him. He replied, "well you already got me I can't win anyway." 7. In naming the above purcllasc I had no dif["iculty in cluiclcly finding a seller from. whon3 to buy illicit drugs inside the Hudson Theater. Although there were uniforrr~ed private security guards inside the venue when I i-nade doe above purchases, I did not see them do anything to identi~Fy or interdict drlsg traff eking at the venue. I declare under penalty of perjury under tl~e laws of the State of California that the foregoing is tare and correct. Executed on Janttaay I I, 201 I. ~ ~-~. ~~ ~FI~i "E.IZ ND~E~d I NE1' J'I'T' 2 DECLARATION ~F C)TFICER ANDREW t-tONRYC',CiTT' 10. a 8 y t~ tt ~2 1.3 14 is ~c t~ 18 t9 20 z~ 22 23 za 25 2f 27 28 DECI:.~ARATI®N Qh OFI+'~ICER SI~AUN JA:~~IS I, Officer Shaun. Jarvis, declare: I. I am a police officer with the San Bernardino Police Department (SBPD). I leave persanal knowledge of the facts stated in this declaration. 2. I have been a police officer with the SBPD for four years. 3. I received drug recognition training at the police academy before becoming an officer. In my years as an officer, I have acquired additional experience in drug recognition. I have training and experience in identifyizlg 1VIDMA (commonly known as "ecstasy"}, cocaine, marijuana, and other street drugs. 4. On the evenitag of June 4, 2010, I was assigned to the SBPD Crime Impact Tearn. In flee course of that assignment, my partner, Officer Molina, and I conducted a patrol of t(1e Hudson Theater parlcia~g lot, located at 295 E. Caroline Street in the City of San Bernardino (City). We wore SBPD uniforms anal drove a marked police car. SUSPECTED ILLICIT DRUGS IN IIUDSQN THEATER PARKING LQ't 5. While patrolling the Hudson Theater parking lot at about I O:I9 p.m. on June 4, 20I0, Officer Molina anal I encountered a Pontiac SUV with two male occupants, one in the driver's seat and one in the rear seat. The subject in tl~e rear seat was later identified as H.O., age 17. There were also several subjects standing around outside the vehicle. DECLARATION Off` O~'~'IC£R SHAUN JARVIS 4 5 7 ~~ is tt t2 13 (4 IS 16 ~~ ~~ za 2~ zz 2~ z~t 25 26 27 28 6. As 1 shined my spotlight inside the SUV, H.O. ducked and made a throwing motion. f got out of the patrol car, ordered H.O. to get out of tl~e SUV, and searched hitxt with his consent. I found abaut 17 suspected MDiUTA tablets in H.O's pants packet. 7. 1 then searched the vehicle with the consent of the driver and found a vial of suspected cocaine on the back seat fTaorboard and several gags of s~tspeeted marijuana in the trunk. f identified tl~e MDMA, cocaitle, and marijuana based on their size, shape, and appearance and my familiarity with strict drugs. ~. H.O. admitted to n-te that lac b~~ought the suspected MI~1~~fA 4vith ltim to the HLtdson Theater so lie could sell it. He said he was also planning on lolling the n~arijt.tana. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January .~~,_, 2011. Of'FICER SHAUN JARVIS 2 D~~CLARATION O~ O~~'tC~R SHAUN JAAVtS 11. DECLARATION OF OFFICEII~. RICART)O LA1~lT)EROS _~ 4 5 6 s 10 ~t i2 ~3 [4 IS ~3 ~~ is i~ a€~ z~ 22 23 24 2S zc z~ 2H I, C~fhcer Ricardo Landeros, declare: l . 1 am a police officer with the San Bez-nardina Police Department (SBPD). I Have personal ltnowledge of the facts stated. in this declaration. 2. 1 have been. a police officer with tl-~e SBPD for seven years. I also have five years of law e~~forceinent experience with the f,os Angeles County Probation Department. In addition, I have a degroe in Criminal .lustiee fi°on7 California State U~~iversity o~'Long Beach. 3. l received drug recognition. training at the police academy before beco~r~ing an officer. In my years as an officer, 1 have acquired additional experience in drug recognition. I have training and experience in identifying MDMA, cornzx~only known. as "ecstasy." SEARCHES OF SUSPECTEIT ILLICIT DRUG SELLERS AT HTJDSOl~T THEA'T`ER -- ~Ui'~E 4, 2d1~ 4. On the evening of Tune ~1, 2010, I participated in an undercover operation conducted by the Narcotics Unit of the SBPD at the Hudson Theater, located at 295 E. Caroline Street in the City of San Bernardino. The purpose of the operation was to investigate possible illicit dn~g trafficking at the venue. My assignment was to conduct surveillance outside the Hudson Theatcr building and assist in booking subjects wl~o were arrested for drug selling. 1 dressed in plain clothes for the assignment. 5. During the undercover operation on dune 4, 2010, I searched several subjects after they lead bee~~ arrested by SBPD officers for selling suspected illicit drugs to undercover SBPD officers inside the 1-Judson Theater. I fo~.u~d signifFCant quantities of suspected MDMA tablets on the persons of the following two subjects. I ide~~~tified the suspected MDMA tablets I found based on their size, shape, DECLARATION O~ 0~'FICER RtCARDO LANDEROS and appearal~ce anti l~~y fa~nilia~°i.ty with. street drugs: Al'PIZ®X. X'II~~1E I'1"EMIS 3+®UNll SEIBJECT 1(}:45 l~.l~r. 7 tablets suspected MDMA Michael Jenkins, ad~ilt male a 11 ~.>~~. 68 tablets suspected MDMA Patrick Spicer, ad~il male ~ 6. I know from nay experience in enforcing drug laws that seven tablets and 68 tablets of ~ MDM11 substantially exceed. tike dose of MDMA that an individual user would take il~ an evening. i s therefore formed the opi~rioi~ that Jenkins and Spicer possessed the MD1VlA tablets for the puri3ose o~ ~ selling them. to ~ 1 I declare ul~der pe>~aity of perjus-y under the laws of the State of California that the i:oregoil~g is t2 true and correct. Executed on Januaryl...~ , 2011. f,_'~_ ,~ ~~ ~__ . f~icer Ricardo Landeros ~5 IG }~ 1$ 19 20 21 22 23 24 25 25 27 ~g 2 D~,CLAItA'F`IUN~ Ot` O~~`ICER RtCA12T30 LAND1at2OS 12. x S 6 7 8 in >> ~2 13 ~~ i5 i (i ~~ '~ ~s t ~~ zu 2~ z2 23 2~i zs z~ z~ zs DECI~ARA I`I{~N ®I` ®FFICIa:R F~D'WARD LI1I{1 1, Officer Edward lee, declare: l . I ar~1 a police officer with the San Bernardino Palice Department {Sf3PD). I have personal knowledge of the facts stated in this declaration. 2. I have been a police officer wile TI~e SBT'D for over seven years. 3. I received drug recognition traini~zg at the police academy before becarning an officer. ha nay years as an officer, I have acquired additional experience in dz-ug recognition. I have training and experience in identifying MD~~VIA, commonly known as "ecstasy." 4, On the evening of July 24, 2010, I participated in an operation conducted by the Narcotics 7~Jr~it of the SHI'D at the I-Iudson Theat~;r, located at 29` E, Caralir~c Street in the City of San. Bernardino {City). The purpose of the operation was to investigate possible illicit drug trafficking at the venue. My assignment was to assist narcotics officers in arresting narcotics dealers at the Hudson Yl"heater. tUly partner, Officer 3ashua Lucas, and I were assigned to the miter area perimeter of the Hudson Theater. We wore SBI'D unifarrns and drove a marked police ear for. the assignment. AItRL,ST ®F SUSPECTED ILL>ECIT DRUG SL~LL~R ~I®1 VICIl~ITY ®T HUDSQN TI-IEATER ~. At about 10:30 p.ni. on July 20, 24I4, Officer Lucas and I responded to a report of a vehicle leaving the F-ludsan Theater with vehicle violations. We found the subject vehicle proceeding away f'rain the Hudson Theater and stopped it about a block front the premises. One of the passengers was Anthony Gray. I searched the vehicle with the driver's consent and found small plastic bags com3~only used to package illicit drugs for sale. I then searched the occupants, including Gray. As I ran my hand between Gray's buttacl~, a plastic bag containing green and white pills fell out of his pant leg. I recognized the pills as probable MDMA based. on their size, shape, and appearance and my familiarity with street drugs, I also found a small amount of suspected marijuana in Gray's right sock. Gray had X20, consisting of two $5 bills and one ~ 10 bill, in his right front pants pocket. G. I counted d6 pills divided between the plastic bag and a smaller bag inside it. I arrested Gray and. questioned him with leis consent. He said he had sold ecstasy pills in the past and had come to the Hudson Theater to sell. some more. Gray said lac had sold two pills that evening for $14 each. D~CLARATICJN Oh QIaFIC~,R EI7Vl~ARD 1.,E 1 s 7 8 9 10 It 12 13 14 IS I6 t7 18 19 20 2I 2z 23 24 2s z~ ?~ zs I declare 'tinder penalty of l~erj~iry >_~nder the laws cif the Stele of Califar>~ia. teat the Fo-•egoing is true aid ec~rrcet- Executed on .lan~>ary ~; 20I 1, S~ ~'~ ~~ OFFICER. EDWARD LEE I~ECI,ARATION OF OFFICER EDWARD LEE 13. 1 2 3 5 b s 9 ]0 11 12 13 I4 ~s t~ 1~ is 19 20 21 22 23 24 25 z~ 27 zs DECLARATION OF OFFICER DC)M~NICK I~'I~.RTINEZ I, Officer Dominick Martinez, declare: 1. 1 azxa a police officer with the Sala Bernardino Pnlice Departmeiat (SBPD}. T have personal knowledge of the facts stated in this declaration. 2. I have been a police officer with tlae SBPD for nearly three years. 3. On March 5, 2010, I was one of a number of SBPD officers dispatched to the Hudson Theater night club located at 295 E. Caroline Street in the City of San Bernardino (City}, in response to a report of subjects causing a disturbance. I arrived at the Hudson Theater at about 8:56 p.m. and I was advised by tl~e private security guards for the business that the crowd was attempting to force their way into the club. The guards advised zne that they were understaffed for the event and were unable to control. the crowd,. 4. There were approximately 3,000 subjects loitering in the parking lot of the Hudson. Theater and nearby businesses who could not be adxx~itted inside the club because it was full to capacity. The police ofhcers attempted to disperse the crowd, and several subjects in the crowd began fighting and throwing objects at security guards and police officers. A security guard was struck on the head with a rock. About 50 officers responded to assist with controlling the crowd, and it took about two and one-half hours to disperse all of the subjects. 5. While I was at the Hudson Theater, I spoke with Wean Kiln, ono of the private security officers, who appeared to be in charge of the guards. He told ine that they only had about 30 private security guards at the event. Kim advised nae that they had asked the Hudson Theater manager, Margaret Sherman, to hire more guards for the event, but she refused due to the cost. Kim said he and the other security guards did not feel safe because they were extremely outnumbered by the crowd. i IJECLAAATION UF' OFFIC~~ DOMINICK M~R"I"INBZ I 2 4 5 6 "7 9 ]0 I. l t2 i3 14 15 :6 17 18 19 2 (~ 2~ 22 23 24 25 26 27 28 I decla~•e under penalty oi' perjury under the laws of the Mate o~ Califon~ia that the foregoing is true a.nd. correct. Executed on Januai°y 1(}, 2Ql l at San Bernardino, Califor~~ia. I. E OFFICER DOMINICI~ MARTINEZ z DI/CLARAI'ION OF OFFICER ~OMINICK MARTINEZ 14. 1 llECLARA'~'ION OF OT'F~CER RONEI, NE~ITON I, Officer Rowel Newton, dcciare: s y ~o Il 12 I3 t~ IS ~ c} ~~ is t ~~ zu z~ 22 23 24 25 z~ 27 28 1. I am a police officer with the San Bernardino police Departmezlt (SBPD). I Dave; personal knowledge of the facts stated in this declaration. 2. I have been a police officer with the SBPD foc aver 2 years. ~. l received drug recognition training at fete police acadezR:y before becoming an officer. In n~zy years as an officer, I leave acquired addi:tioz~al experience in drag recognition. I Dave training and experience in identifying MDMA, commonly known as "ecstasy." ~i. On the evening of August 27, 2010, I participated in az~ undercover operation. conducted by the Narcotics Unit of the SBPD at the Itudson Theater, located at 295 p,. Caroline Street in the City of Sazz Bernardino (City}. The purpose of tl~c operation was to investigate possible illicit drug trafficking at the venue. ~:y assignment was to enter the vezaue during a dance event, detezznine whethez° illicit drugs were being sold iz~ the venue, and if so, attempt to identify the sellers and purchase illicit drugs lio them.. I dressed as an attendee of the event for the assigrzznent. PURCHASES OI' SUSI'ECTIa;D ILLICIT DRUGS AT I3UDS0!y TIIEATEit 5. While working undercover an August 27, 2010, I made the following purchase of suspected illicit drugs inside the Hudson Theater. I identified the substances I purchased based on their size, shape, azld appearance az~d nzy familiarity with street drugs: APPROX. TIME DRUGS PURCH~ISED SELLER DECLARA'I"lON OF O~'F1.CER RONEL NEWTON ~ l t) p.rn, Three tablets suspected MI~MA 'I'inxotl~y Collins, adult nxale {, At about ~l 1 p.nx. an AugiESt 27, 2010, Collins was arrested inside the I~ludson Theater by 4 other SBI'D officers. Following the arrest, I interviewed Collins with his consent. Ike ad~nittcd he had 5 five or six pills and that he had sold to me. I-Ie also admitted he had given a pill to o~xe of his friends, ~ and that a pill was found in his jacket pocket wlxen )xe was searched upon being arrested. 7 s 7. In nxaking the above purchase I had no difficulty in quickly finding a seller from. wlxorn to ~ buy illicit drugs inside tlxe venue. Although there were unifonxxed private security guards inside the ~ ~ venue when I nxade the above purchase, I did not see them do anything to ide~xtify or interdict drug ~ ~ traf~clci~ag at the venue. I stopped buyixxg drugs after the above purchase not because there were no ~ ~ nxore available sellers, but sinxply because I lxad spent all of the specially-nxarlced cash that was allotted ~ 3 to me for the operation. 14 ~ ~ I declare under penalty of perjury under tlxe laws of the State of California that tlxc foregoing is ~~ tree and correct. l~,xecuted on :Ia~xuary 11, 2011. i~ t s ~ s"~'~ -.~-~ . . ~ ~ i' Ol*FIC ONEL NEWTON 2U 21 22 23 24 25 26 27 28 2 DECLARATION OP OFFICER RONEL NEWTON 15. :, a 5 6 H to it Iz 13 l~ 16 i~ IH i ~~ 7 [} 21 ~~ 23 z~ as 26 ~~ ~s DECLARA'T`ION UI' ~1±~hLC~R BRIAN P~LLLS 1, CJfficcr Brian I'eliis, declare.: 1. l am a police officer with the San l~ernardin.o .Police; I)epartn~ent (SBPi~). I Dave personal knowledge of tlae facts stated in this declaration. 2. I Dave been a police officer with the SBPD for nearly 14 years {approximately ] l years as a reserve police officer az~d approximately 3 years as a full-time police officer). In addition, I have a Bachelor's degree in governz7zez~t and a J~~ris :Doctor degree. I am also a men7ber of the State Bar of California. 3. I ant currently ass~igncd as a District hesouz°ce Officer for the Southeast District of the SBPD. Ore of zz~y principal. duties in that assigz:ment is, and l:as been since April 20I0, to z~nonitor activities at the Hudson Theater, a nightclub and dance venue located at 29S East Caroline Street in the City of San Bez~nardi~ao (City). My partner Eor this assignment is, and has been, SBPD Officer Tiffany Enron. 4. The issuance of the April 9, 2010 injunction followed well more than a year of continual criminal activity at the Hudson Theater. Since at least 2008, the venue has bee~l the site of'virtually constant criz-z~e, which has created a cozztinued need for excessive law enforcement services and. a resulting financial drain on the resources of the SBPD and the City. The SBPD has 'focused. particular attention on: (Ij illicit dn~g traffzcl<ing at the venue, in violation of state law; {2j the presence oi• j>rzveniles in the venue during curfew hours, in violation of't1e; City curfew ordinance, San Bernardino Municipal Code (SBMC) Chapter 9.68; and (3j the failure of the venue, through its private security, to maintain adeduate control over the premises, resulting in the introduction of weapons into the premises and continued incidents of violence in and around. the premises. PRE-INJUNCTION CRIMINAL ACTIVITY 5, Drug 'Craftic~ciug. By the tine the court issued the April. 9, 2010 injunction, the Hudson Theater had firmly established itself as a haven for trafficking in illicit drugs, priz~arily ecstasy (M:DMA). The problem was demonstrated in four undercover drug buy operations the SBPD conducted inside the I-ludson Theater iza 2009. In these four events, more than 40 buys were made from sellers wl~o incitzded juveniles under 1 &. My partnez°, Officer Enzon, was involved in the undercover operations and DECL~K~TtON OF O~'FiCfR BIZtAN PGLLIS ~ the: details of the open°ations are s~;t forth in her declaration subertitted cof~~ci~rrenily wiEl~ this declar~-tif~rl, '- 6. )<Iorrticidc. ~I'hc. ~:nost serious pre-inju~~~ction crime. at the Nuciso~a Theater was a fat~~tl ~ shooting Chat occ~irre;d after midnight on May 2, 2009 during a~~ event that begai~r the previor~s evening. 1 4 was a~~~ d~zty in die parking lot of the venire when the shooting occurred. The SBPD's investigation of 5 the case slrowed that the shooting resulted fro~r~ a gang-related dispute that developed inside the venue ~ and continued outside in tl~e parking [ot, where aY~out 15 rounds were fired by subjects involved in the ~ canict. Three victims were shat and one died. s 'I`HI{; APRIL 9 2010 INJUNCTION `1 7. The SBPD issued n~uftiple criminal citations to the operators o1'the Hudson Theater 1° during 2009 but the criminal conduct continued. Besides the drug trafficking and the homicide, there ~ i were minors under 18 on the premises during; curfew hours on a continuing basis in violation of SBI\!lC ~'- Chapter 9.68. When the citations did ~~at abate tl~e criminal activity, t13e SBPD asked the City Attorney ~ ~ to take legal action. In Illecen~ber 2009, the City Attorney, in the Hanle of the People of the State a!' ~~ California, brought this action for nuisance abatement under the Drug; Abatement Act, I--[eaith and Safety ~s ~ Cade sections 11574 et sect. and the general law of nuisance. !~ 8, In April 2410 I was provided with. a conformed copy of an Order Granting Preliminary i~ lnjunctioi~ issued by the court in this case on April 9, 2010 (April 9, 201.0 i~~junction). I Dave reviewed is the i~~junetian and any fan-ziEiar with its provisions. ~ ~ April 1'1, 201f ~1 Near-11i atal Stabbing 2~ 9. Paragraph 4.g of the April 9, 2010 injunction prohibits the introduction. of weapons into ~ ~ the venue. I~lowever, only a week after the injunction was issued, at about 1:30 a.m. on Saturday, April ~~ 17, 2010, an apparently gai~lg-related stabbing occurred in the Hudson Theater. The incident left the z3 victim its critical conditio~z, with wounds to the a~rrx~ and abdo~x~en. The suspected assailant, age l 6, told z4 an SBPD ol~l[cer that he carried t17e knife t-scd in the stabbing into the Iludson Theater in his right front 2s pants paclcct. The subject further stated he was searched before he entea•ed the vent€e, but the search 2c missed the knife. (Por a more detailed summary of this incident, please see declarations of SBPD ~~ (3fficers Edward Andrade, Serbanda Saenz, and Ryan Thornburg bled concurrently with this 28 declaration.) 2 37~.CI.,ARATION OI' OPPiCER BRIAN~PES..LIS 7 a ~~ ~~ i2 ~3 14 i5 IG ~~ tH ~ <} zt~ 21 z2 z3 2~i 25 z~ z~ zs Other )injunction Viofatiions 1O. After the April 9, 2(}] 0 itajunciion was issued, the SI3PD assigned Officer Enaoi~ and I to monitor the Iludson `T'heater's ca~npfiance or foci: of co~~l~p.liakace with the injunction. In carrying out that assignment, I Have gone to the venue, along with other SBPD officers, approximately six times when entertainment events were occurring there. During those visits, I Dave witnessed numerous violations of the injunction by the Hudson Theater n-~anagement, staff, and security personnel. I will discuss these by date in chronological order. A ril ~3-24 2010 -- l~Is. Shernia« Disavows Knowfcd e of I'relirninar .[n' unction 11. Along with other SI3PD officers, 1 was present at an event held at the I-ludson Thcate3• on Friday; April 23, to Saturday, April 24, 2010. I watched the persons attending the event enter the buiIdij~lg and noted that at ].east several hundred of them appeared to be under 18. I based my assessl~~ent ofil~e individuals' ages on nay experience as a police officer in dealing wiih thousands of individuals o1' varying ages, whose ages I dctern~ined from ihei~° identification or other documentation. 12. Under the City curfew ordinance, persons under 18 could not stay in the Hudson Theater after 1.2:01 a.m. on Saturday, April 2~, 2010, unless ono of the defenses set forth in the ordinance applied. Paragraph 4.e of the April 9, 2010 injunction. prohibits persons under 18 during curfew hours except as allowed by the ordinance. At about 12:20 a.in. on Saturday, April. 24; 2010, other SBI'D officers accompanied me inside the Hudson Theater to see whether there were persons under I $ still inside. We quickly identified numerous subjects who appeared to be well under 18. Due to limited manpower, we detained only a few of the subjects. 13. One of those detained was J.P., a male juvenile who stated his age was 13, and appeared to be that age or younger. E-Ie said he was at the event "flanging out with friends." PIe did not claim to be exercising First Amendment rights or engaging in any other activity that would rrrake a defense applicable under the ordinance, 14. l observed other violations of the April ~, 2010 injunction while at the Hudson Theater on April 23-24, 2010, including: loitering in the parking lot in plain view of security with no action taken (injunction paragraph ~.s); patrons being allowed by security to take handbags into file venue {paragraph 4.i}; and subjects being allowed by security to exit and re-enter the venue without being searched C7ECLAI~ATION nF O~'h'ICEA BRIAN I'f'L,I,IS t 3 5 6 a ~~ to it 12 13 I~ 15 16 17 ~s I ~~ z~ zl 22 23 z~ zs 26 Zi Zs (haragrapl~ 4.f.). 15. After midnight on April 24, 2010 other SBPD officers and l spore with def~:endant Margaret Sherman., the principal operator of the Hudson Theater. 1 advised Ms. Sherman we were there to enforce; the April 9, 201.0 ilijunction. She said she knew nothing about any injunction. We showed her documentation that the injunction had been served by mail an her counsel of record, Roger Jon Dian~oncl, on April 12, 2010. Ms. Sherman smirked and said, "My attorney said you were supposed to serve one personally." SBPD Sgt.:Lance Otey then handed Nls. Sherman a copy of the injunction. July 2{?-21, 2010 16. On the evening of Tuesday, July 20, 2()10, an event was held at the Hudson Theater that lasted into the following morniaag. I nkonitored activities at the venue fi-o~~~ about 8:02 ~p.m. on July 20 to about 2.:43 a.n~. on July 21. There were other SBPD officers at the venue as well and one of our purposes in being there was to enforce the curfew Taws. Pursuant to SBMC Chapter 9.68, curfew [ours on July 20, 2014 began at 1 l p.n~. 17. At about 11:30 p.m. on July 20, 2010, I was inside the I-Iudson Theater and observed there were about 100 to 200 patrons inside. The. vast majority al~pearc;d to be under 18. Earlier in the evening, while the patrons were entering the venue for the event, I observed Ms. Sherman sitting at the front desk selling tickets and admitting patrons into the venue. 18. After the comnlencen~ent of curfew at 11 p.m. on July 20, and into tl~e ear ly morning of July 2 ~l, 201.0, SBPD officers arrested about 12 patrons under 18 who were on tl7e promises of the venue at that time. Those arrested included a 10-year-old female, a 13-year old. female, a 14-year olcl male, a 14-year-old fc,inale, and. two 15-year-old females. a~~;u~r is-29, ~o1a 19. On tl~e evening of Saturday, August 28, 2010, I was at the Hudson Theater to monitor an event that evening. As patrons entered the Iiudson Theater for tike event, I saw IVIs. Sherman sitting at the front desk admitting patrons into the venire. About half of the patrons entering appeared to be under 18. 20. At about midnight tl~e sa~~~e evenizag, I was inside the Hudson. Theater during the event -that lead started earlier that eveni~~g. There were about 2,000 patrons inside. About halfofthenl a DIaC.LARAT10N OF 4FPICIJR BRIAN Pl~t,L,IS alpeared to be ui~~der I8. [ heG~>rd acs annou«cel~aent made that minors should leave the establisbnzent at 4 5 ~~ ~I 12 13 i4 15 I6 17 Is ~ ~~ zo 21 z2 23 24 25 z~ z~ 2s n~idr~igl~it. However, at no ti~~ne did I see ai~ly F~Lu~lson Theater security wards or staf~I' identil~yi~7g pats°oi~s under I8 or trying to get tk~ecn to Ieave. lnstead, I saw several secu~:ity gG~ards sta~~~ding around inside, the Hudson Theater doing nothing at alI while hund~~eds of minors continued to dance and stand around inside. Many of these minors appeared to be as youlzg as 12 to 15. 2 l . At about 12:15 a.n~. on Sunday, August 29, 2010, while still inside the :I-Iudsan Theater, I z~sked one patron, later identified as t.A., his age a~~d he told me 15. He clearly looked. under 18. I ducstioned E.A. and he told ~~ne tl~e following. He was at the Hudson Theater to dance with his friends. He did not 4<now what the Pirst Amendment was. An announcement was mach inside the venue that 1?atrons under IS had to leave at 12:01 a.n~., but the Iudson Theater staff did ~~ot telk hi~7~ to leave or ask why he had not left. 22. No reports were made by Hudson Theate~• staff that there were patrons under I S who refused to leave at curfew, even though I saw at least 1,000 patrons inside the venue at 1.2:1.5 a.n~. who appeared. to be under 18. 23. SBPD officers arrested a total of five individuals under 18 inside the Hudson Theater after n-~idnight on August 29, 2010. Ms. Shcrnlan was not at the premises at the tinge. On September 3, 201.0, 1 advised Ms. Sherman of the five arrests and asked if she wanted to discuss the a..-estslarrestees, but she decli~aed and said she would "see them in court.,, llecember 4, 20f0 24. Paragraph 4.a of the April 9, 2010 injunction requi~•es that the Hudson Theater give the SBPD at least two weeks' advance notice of any event at the venue with an exlaected attendance of mare than 2,()00. 25. On the evening of Decembe~° 4, 2010, two related rave concerts called "Winterfresh" were held at the Hudson. Theater and at the Pox. Theater, another club in the City. The SBPD received no notice of this event from the Hudson Theater. VWe learned from other sources that an event originally scheduled to be held at a venue in Los A~~geles, for which 7,000 to 10,000 ticl~ets had been sold, had received a cancellation from the venue at the last mi~lute and had arranged to transfer the event to tl~~e I-Iudson Theater aa~d lox Theater. The venue capacity for the Fox Theater is 1,400. The venue capacity 5 DECL,AttAT[ON OF C~~'1~IC1~R BRIAN PELLIS "7 ~~ ~o 13 ~2 ~~ 14 IS IG ~~ I~ t~ 20 21 22 23 24 25 26 27 28 for the; lludson Theater is 3,450. ~2fi. As a result of this situt~tion, the Sa~~ Bernardino Police L)epartrnent ~x~~as ta~•ced to prepare. ~~~ith a few hours notice, Eor the arrival and ~~•eactio~ns of a potential crowd of approximately 10,000 people, 5,000 of which might Dave to be denied admittance into the event due to capacity limitations despite the fact they had pre-paid for their tickets. Consequently, nu~~~erous police officers had to be coiled in from home or held over fi'or`~ their shifts on an overtime basis to prepare for this unexpected influx of people. This is in part due to the fact there Dave been incidents whereby concert~~;ocrs have reso7-ted to violence and destruction of lrroperty when denied admittance to an event far which they had already paid Ivor their tickets. 27. At the Iludsa~~ Theater during the event on ~ecetrGber ~, 2010, ! s~pal.e '~nrith Ms. Sherman about the lack of notice. She admitted she did not tell. the SBPD about the event. She also admitted she knew 5,000 tickets had been sold, and that the crowd in the I~Iudsan Theater parking lot exceeded tl~e venue capacity. I declare under penalty of perjury under. tl~e laws of tl~e State of California that the foregoing is true a~ul correct. Executed an January 20, 2011 at San Bernardino, California. Ol~l?ICE BRIAN PELLIS 6 DECLARA'['[ON OF QI'1"ICER BRIAN 1?ELLIS 16. DECLARA'TI®N O;E' ®1FF~C~~R ANNA STEWAItT 3 5 (~ s ~~ to II I 12 13 I~ 15 ~s I~ Is I L~ 20 z~ 22 z~ 24 25 2Ci ~~ 23 L, Officer Anna Stewart, declare: l . 1 am a police officer with the San Bernardino Police Departrrient (SBPD). 1 have personal knowledge of the facts stated in this declaration. 2, 1 have been a police officer with the SBPD for more than two years. Before becoming an officer with the SBPD, 1 was employed as a Deputy Sheriff for San Bernardino County far three years. 3. I: completed two classes in drug recognition at the police academy before becoming an officer. in nay years as an officer, 1 have acquired additional experience in drug recognition. I have training and experience in identifying MDMA, conunonly known as "ecstasy." 4. On tl~e evening of Friday, August 27, 2010, 1 participated in an undercover operation co~~ducted by the Narcotics Unit of the SBPD at the i~udson Theater, lacated at 295 B. Caroline Street in tl~e City of San Bernardina (City). The purpose of the aperatio~~ was to investigate passible illicit drug trafficking at the venue. My assignment was to enter the venue during a dance event, determine whether illicit drugs were being sold in the venue, and i:F so, attempt to identify the sellers and purchase illicit drugs from them. I dressed as an attendee of the event for the assignrraent. PURCHASES OF SUSP>VCTED IL1.,>EC~.T DRUGS AT HUDSON TH~ATICR 5. While working ui~dcrcover an August 27, 2010, i made the fallowing purchases of suspected illicit drags inside tlae Hudsan Theater. I identified the substances I purchased based on their size, shape, anal appearaa~ce and guy familiarity with street dn~gs: 1 Dt~Ct~AttAT10N OF UFrIC.IZ ANNA S`fEWART 1 3 4 5 a ~~ ~~ II IZ t~ 14 (5 t~ I~ IR ~~ za zl 2~ 23 ~~ 2s 26 2'7 ?g APPROX. TI~![E llRUGS PURCHASED SELLER 10:21 p.s1~~. Two tablets suspected MDMA J.M., age 17 1€3:~5 p.m. Two tablets suspected MDMA John Ayala, adult male 6. After 1y purchase on August 27, 2010 from J.M., he was arrested by other SI3PD officers. At about 11.:55 p.~n. air August 27, 2010, I interviewed J.M. He admitted lie had sold nee the two pills. 7, After nay purchase o~1 August 27, 2010 from Ayala, he was arrested by othor SBI'D officers, At abort 12:20 a.i~7. on August 2~, 2010, I interviewed Ayala. IIe said he had entered the Iludson "l'heater at about S p.m. with about 70 MDMA tablets for the pu>pose of selling them. 8. In making the above buys I found it easy to Locate individuals inside the venue who had. illicit drugs for sale. Ayala, in fact, approached me and asked if l: needed any pills, without ir~y having asked him Iirst whether he had pills to sell.. Although there were uniformed private security guards inside the venue whc~~ I made the above purchases, I did not see them do anything to identify or interdict drug tl•at~icki~~g at the venue. 1 stopped buying drugs after the above purchases not because there were no more available sellers, but siar~ply because l had spent all of tl7e specially-~7~arlced cash that was allotted. to nee for the operation. 1 declare under penalty of perjury under the laws of th.e State ol.' lifon ' that the foregoing is true and correct. Executed on January ~ ~ , 2011. ~ FFICER A STEWART 2 DECLARATION OF OFFICER ANNA STEWAR'T' 17. 1 -~ a a 9 10 t~ 12 13 (4 IS IG t~ Is 2U 21 22 23 24 25 z~ 27 28 D>CG~~AIZATION ®F ~~~F1CEIt S>~RBAND® ~AEI~Z I, Officer Serbando Saenz, declare: 1. I a~n a police officer with the San Bernardino Police Department {SBPD). I have personal knowledge of the facts stated in this declaration. 2. I have been a police officer with the SBYD for four years. 3. At about 1:30 a.m. on April 17, 2010, I was dispatched to the Hudson Theater, located at 29S E. Caroline Street in tl~e City of San Bernardino, to investigate a reported stabbing. I arrived. at the site a few minutes later. I contacted the vieti~n, a 19-year-old male, and he said he had been stabbed in the abdomen and arm. The victim was bleeding heavily. 4. Para>nedics from A=,nerican Medical Response {AM:R) and the City of San Bernardino Dire Department arrived and began treating the victim, beat his condition worsened and tl~e AMR tea~~n transported him front the scene to Lon.a Linda University Medical Centel°. I asked far an officer to go to the medical center to report an the victi~x~'s status, and Officer Edward Andrade responded. S. The vietin~ survived. his injuries. About 14 days after the incident, I spoke with him and he described to me tl~e injuries he had sustained in the incident. He said he lead sustained severe stab wounds to his abdomen and his arn~. l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, Executed on Ja~zuary 13, 2011. s OFFICER ERBANDO S ~- DECLARATION OF OFFICER SERBANDO SAENZ 18. :~ 5 c s t~ lU 1! 12 13 14 i5 IG 17 18 I9 zo 21 22 23 24 z5 z~ z~r zs DECLARATIC}N OF ~FFiCER JESSE SHANK I, Officer Jesse Shanlc, declare: l . I any a police officer with the Sa~~ Bernardino Police Departnlea~t {SBPD). I have personal knowledge of the facts stated in this declaration. 2. I have been a police officer with the SBPD For over five years. ~. I received drug recognition training at tl€e police acadenry before beconning are officer. In €ny years as an officer, I have acquired additional experience in drug recognition.. I have training and experience in identifying MDMA, co€~~monly known as "ecstasy." SEARCH OF SUSPECTED ILLICIT DRUG SELLER AT HYJ~3SON THEATER -- AUGUST 27, 2010 4. On the evening of August 27, 2010, I participated in an undercover operation conducted by the Narcotics Unit of the SBPD at the Hudson. Theater, located at 295 E. Caroline Street in the City of San Bernardino. The purpose of the operation was to investigate possible illicit drug traff€cl~ing at the venue during a dance event on that date. My assignment was to serve as a nletnber of the- arrest team. that would enter the venue and arrest subjects identified by undercover officers as having Bald illicit drugs to the afhcers. I ware a standard SBPD unifarn~ for the assigrlrr€ent. 5. During the undercover operation on August 27, 2010, I participated in the arrest and search of a subject who had been identi"ed by SBPD Officer Patrick Woolweaver as having sold suspected illicit drugs to hire inside the Hudson Theater earlier that evening. I found the following quay}tity of suspected MDMA tablets o~n the person of the subject. ~I identified the suspected MDMA tablets I for.€nd based on their size, shape, and appearance and €ny familiarity with street drugs: DI/CLARATION OIL OFIaICER JESSE SHANK t <4 s 7 ~c ~i ~z 13 14 15 16 17 18 14 2{~ 21 22 23 24 25 26 27 28 AI'~'1(t®X. 'T`IME 11 h.m. I'TEM~ F®UNl) SUI~JECT 4 tablets suspected MDMA l;a~ancisco lbarra, adult male 6. In addition to the suspected 1V1DMA Tablets, 1 found X214 in cash. on Ibarra's person., consisting of a $1~0 bill, two X20 bills, three $10 hills, six $5 bills, and fourteen ~1 bills. These denominations are consistent with tl~e denominations ono would receive from selling i1~IDIVTA tablets at the street level, where they generally sell for about $ lO per tablet, l declare ender penally of perjury u~~der the laws of the State of California tlfat the foregoing is true and correct. Executed on January ;~ , 2011. ~~ a .~ ,- -.' Oit~'IG~E ESSE SI-~1~NK~~.~~~ 2 1)ECLAAATTON OP OFFICErt JESSE SHANK 19. llECI.~AI~ATION OI+ OF>iiICER KLVIN SIIlI3AUGI~ 3 4 5 6 s ~~ ~~ ~i ~z 13 14 is ~c t~ i~ 19 20 zl 2z 23 24 2s z6 2~ 28 I, Oflicer Kevin ~Silbaugl~, declare: l . I am a police officer with the San Bernardino Police Department {SBPD}. I have personal knowledge of the facts stated. in this declaration. 2. I have been. a police office~• with the SBPD for three years. 3. I received drug recogr~rition training at the police acadcm~y before becoming an officer. In any years as an officer, I have acquired additional experience in drug recognition. I have training and experience in identifying MDMA, commonly known as "ecstasy." 4. On the evening of Friday, :lone 4, 201.0, T participated in an undercover operation conducted by the Narcotics Unit of the SBPD at the Hudson Theater, located at 29S E. Caroline Street in the City of San Bernardino (City}. The purpose of the operation was to investigate possible illicit drug tr:at~cking at fhe venue. My assignment was to enter the venue during a dance evert and provide close cover for other undercover officers who would attempt to purchase illicit drugs from persons in attendance. I dressed as an attendee of the event for the assignment. PURCI[~"iASE OF SUSI'PCTED iLL1wCIT :®RUGS AT HUDSON THC>CATElIt 5. Although my assignn-rer~t while workuzg ~uldercover inside the Hudson Theater on Tune 4, 201.0 was not to attempt to purchase illicit drugs, I made the following purchase of suspected. NIDMA on that date when one of the sellers, Martinez, approached me and asked if I needed any pills. I asked for two pills, and the other seller, K.L,., handed two pills to my partizer, SBPD Officer Brent Baker. I identified tlae iterrrs I purchased based on their size, shape, and appearance and my familiarity with street drugs: D~CLARA'1'ION OF OFI"ICER KEVIN SILI3AIJGH I s s ~~ tt 12 t3 i4 IS 16 17 I8 19 20 21. 22 23 24 25 26 27 28 'T~'I1~1;E DR~J~S PURC>FiASF~ SELL~R~ 9:30 p.m, Two tablets suspected MDMA Marco Martinez, adult male; K.L., female, age 14 ~. After 1 made the p>_~rcf~ase move, the sellers were arrested and I interviewed Martinez. He adix~itted he had sold me the two pills, and had sold one additional. pill a well. l~~~e said. he had given the pills to K.L., his girlfriend, to hold. for him i~~ her bra before he sold them. 1 declare under pe~~alty of perjury under tE~e laws a('the State of Califor~~ia that the foregoing is tr~.ie and correct. Executed on 3anuary ~~ , 2011. /~ ~ CER KEVIN SILBAUGH 2 DECLARATION OF OFFICER KEVIN SI.LBAUGII 20. DECI~ARA'Tl~l\ OF OFFI~~R RYAN THORNiURG 3 5 s 9 e ~I Iz l3 l4 15 t~ t7 18 I~ ~o 2i zz 23 2~ 25 2b 27 ~g I, Officer lZyan Thornburg, decCare: 1. I ant a police of~hcer with. the San. Bernardino Police Department (SBPD). I have personal knowledge of the facts stated in this declaration. 2. I have boon a police officer with the SBPD for four years. In addition, I have a Ilacheloz,'s degree in Criminal Justice. 3. At about 1:32 a.zn, on April 17, 2010, I was dispatched to the Hudson Theater, located at 295 E. Caroline Street iz1 tl~e City of San Bernardino, to investigate a reported stabbing. tiVhen I arrived at the site a few minutes later, four subjects were being detained. by SBPD officers on suspicion of havi~~g been involved i~z the stabbing. The subject snspected of being the primary assailant, l 6-year-old A.G., was placed in the back of my patrol car. 4. I read A.G. Cris iYlir°arzda rights and he agreed to speak to me about the stabbing. A.G. admitted he had stabbed the victim.. I-Ie said the incident arose aut of an aCtercatian inside the venue between A.G.'s group and the vietizn's group, who [lad confronted A.G.'s group and said sanaething about "South-central" and "SC 3S`~' Street." 5. I took. A.G. to the hospital far treatment of a .laceration to his finger, and then to Juvenile Hall for booking. On the way to Juvenile Hall, A.G. volunteered the information that the knife used in the stabbing was stuffed in his pants. I pulled over and with A.G.'s permission I retrieved a stainless steel folding pocketknife, which load been. clipped to his boxer shorts. The blade of the knife locked into place and was about three and one-half inches long. There were small amounts of blood on the blade and Dandle of the knife. DECLARATION OF OFF.IC~R RYAN THORNBURG 1 s c s ~3 to ti tz r3 14 15 t6 17 18 19 2U 21 22 23 24 2S 2{, 27 28 fi. A.G. also said he had concealed. the knife in his front right pants packet with the clip on the outside of the pocket. Ile said he had been searched w11er1 he entered the Hudson Theater, "but they ~~nissed it." I declare under penalty of perjury under the laws of the State of California that the foregoing is true a;~d correct. 1~xecuted on January ~ , 2011. _ ~---~ OIL f'iCRR RYAN T~IORN:BURG DECLARA'~"ION OF O~'~'ICER ftY~N THO121~IBURC_i 21. 1 s a (~~ AV it 12 t.~ 14 Ls 16 17 18 t~ zo 7j 22 z~ 24 25 2G z~ zs 1)LCLAItATI~~~ OF OP'~ICEI~ P~TRLCK'~'V®C)L~~EAVLR 1, Officer Patrick Woolweaver, declare: 1. I am a police officer with the San I3en~ardino Police Department (SBPD). I have personal ltnowledgc of the facts stated in this declaration. 2. I Have been a police officer with tl~e SI3PD for five years. 3. I received dr~lg recognition training at tl~e police academy before becoming an officer. In >~ny years ar an officer, 11~ave acquired additional experience in drL~g recognition. 1. have training and experience in identifying DMA, co>x>rnonly Icnorwn as "ecstasy." 4. On the evenings of Friday, June ~, 2010, and Friday, August 27, 2010 I participatc;d in undercover operations conducted by the Narcotics Unit of the SBPD at the Hudson Theater, located at 295 L. Caroline Street in the City of San Bernardino (City). The purpose of the operations was to investigate possible illicit drug traCficki~~g at the venue. NIy assignment on both dates was to enter the venue during a dance event, determine whether illicit drugs were being sold in the venue, anal if so, attempt to identify the rollers and p~irchase illicit drugs from there. I dressed as an attendee of the events for the assigrent. PURCHASES C)T SUSPECTED ILLICIT DRUGS AT I~UDSON THEATCR 5. While working undercover on June 4, 2010 and August 27, 2010, I rnade the following purchases of suspected illicit drugs inside the I~~dsorl Theater. I identified the itezx~s I purchased based on their size, shape, and appearance and my familiarity with street drugs: DECLAKA'I~ION OF OPF'ICER PATRICK WOOLW~AVER 4 5 9 ~ r~ a~ iz 13 14 15 is ~~ 1R ~y ao z~ 22 33 ?~ zs z~ 27 28 2 ~: ~. ~...._.~ OI~'14ICER PATRICK WOULWEAVER A1pPitE]X. '~`IIO~;I F~ 9: 3 ~ 1~. n~. 10 p.n~. 10 p.n~. 11.:30 p.m. JUNE 4, 20143 PURCIII! TTEMS PURCHASED rl~hree tablets suspected MDMA rI'wa tablets suspected MDMA Two tablets suspected MDMA Two tablets suspected MDMA -SES SELLER Patrick 5pieer, ad~ilt sxraie IVlichael Jenkins, adult male Nicholas Franco, adult male R.P., rriale, age I7 AUGUST 27 2010 PURCHASES AT'PROX. TIME I'T'E1VI,S PURCHASED SELLER 11:15 p.rn. Twa tablets suspected MDMA Francisco Ibarra, adult, male 6. After zr~y purchase on August 27, 20I0 froth Ibarra, be was arrested by other SBPD officers. I interviewed lbarra and lie admitted entering the Hudson Theater with about six MDMA tablets far the purpose of selling them. 7. In making tl~e above purchases l found it easy to locate individuals inside the venue wlao had illicit drags for sale. Although there were unifarn~ed private security g~~ards inside the venue whey: I made tl~e above purchases, I did hat see them da anything to identify or interdict drug trafficking at the venue. I stopped buying drugs after the above pui°chases not because there were no more available sellers, but simply because I had spent all. of the numbered and. recorded cash that was allotted to one far the operation. I declare under penalty of peg jury under the laws of the State of California that the foregoing is tr~€e and correct. Executed on January _~r , 2011.. DECLATtF1TtO~~ OF QFFICI?1~ PATRICK W©OL,WZAV~R PROOF OF SERVICE 2 3 a s ~~ s ro i t. 1.2 ~3 14 1.5 [.6 ~~ 18 ~~ zo z ~. ?2 ~~ za zs 26 z~ ?g STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO I am employed in the County of San Bernardino, State of California. I: am over the age of 18 and not a party to the within action; my business address is 300 No. "D" Street, Ran 668, San. Bernardino, California. ~ ~;,~ On January ~~, 2011, I served the foregoing document described as: I3ECLARATIONS I~ sip®xT or 1VI:QTT®~v ~~C~~ C~~~(BSURL ®~ v~~V~ P~NDII~G T>~~A>[, on the persons set forth below as follows: R. Bruce Evans, Esq. Solomon, Saltsman & Jamieson 426 Culver Blvd. L.A./Playa Del Rey, CA 90293 {310) 822-9848; (310) 82.2-35I2 FAX (Attorneys for CCI Club SB LLC) Roger Jon Diamond, Esq. 21I5 Main Street Santa Monica, CA 90405 (310) 399-3259; (310) 392-9029 FAX (Attorney for Margaret Sherman, Michael Sherman dba The I~udson Theater) J.T. Orr II 8780 North 19`~~' Street, #332 Alta Loma, CA 91701 {909) 944-0946 {Attorney far Rajae Zarour) X {BY MAIL) By placing the envelope for collection and mailing following our ordinary business practices. 1 azn readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary couxse of business with the United States Postal Service in a sealed envelope with postage fully prepaid. {BY FAX) Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed above. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. {BY OVERNIGHT) I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses listed above. I placed the envelope(s) or package{s) for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. (BY ELECTRONIC SERVICE). Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused the documents to be sent to the persons at the electronic notification addresses listed above or on the record. X (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on January ~, 201.1, at San Bernardino, California. {type or print name) (signature) PROOF OF SERVICE 2 3 a 5 r 8 9 I (1 r:. ~? 13 14 15 IC ~~ ~s t~ 2[3 2t 22 23 24 25 zee 27 ?s JAMES F. PEI~'MAN, City Atton~ey State Bar No. 9l 761 JOLENA E, GRIDER, Assistant City Atto~~ey State Bar No. 195?89 DONN DIMICHELE, Deputy City Attorney State Bar No. 84935 300 North D Street San. Bernardino, California 9241$ Telephone: (909) 384-5355 Facsimile: (909} 384-5238 Attorneys for Plaintiff PEOPLE OF THE STATE OF CALIFORNIA No Filing Fee e'er Govej°nment Code SS' 6103 SUPLId,IOR COURT ®F TH~~ STATE OF CALIF6J-RNIA FOR THE COUNTY OF SAN ~3ERNARDINO PEOPLE OF TIME STATE OF CALIFORNIA, Plaintiff, vs. MARGARET SHERMAN, MICHAEL SHERMAN, and RAJAS 7AROliR, doing busine as THE HUDSON TIIEA 1 ER; CCI CLUB SB LI~C; DOES 1 through 20, inclusive, ', Defe~~dants. AND RELATED CROSS-ACTION ase No.: CIVDS 91788I XHIBITS IN SUPPORT ®F MOTION F®R 'I..C3SURE OF VLNUE P1NDIleTG TRIAL; UPPORTING DECLARATION ®F DONN sIMICHELE gate: 1Vlarch 24, 2011 'irne: 5:30 a.~n. 1ept: S34 udge: Ilon. John. I'aeheco 'r~aX date: June 6, 2011 :ctlon filed: December 22, 2009 Plaintiff the People of the State of California, by and through James F. Penman, City Attorney of the City of San Bernardino (City) respectfully submit the following exhibits in support of their motion for closure of the venue described as "Tl~e Hudson. Theater," and located at 295 E. Caroline Street, San Bernardino, California pending trial of this action. or further order of the Caurt: EXHIBITS IN SUPPORT OF MOTION FOR CLOSURE OF VE1~`UI{: PENDING TRIAL; SUPPORTING DEC'L ARATION OF DO':`~N DIMICHELE 1 2 3 4 s s to ~~ 12 I3 ~a i5 ~ c~ t~ i8 I9 zo ~~ za z~ ~~ as 2~ z~ zs C®~~~'Ely`~'S N®. 13ESC>€~l[PTI~I~ 1 Order Granting Preliminary Injunction, bled April 9, 201.0 2 Certified Reporter's Transcript of Hearing on 1Vlotion for Preliminary Injunction, March 30, 2010 3 Declaration of Margaret Sherman in Opposition to Motion for Prelirrainary Injunction, filed February 22, 2010 4 Supplemental. Declaration of Margaret Sherman in Opposition. to Motion for Preliminary Injunction, filed March 18, 2010 5 San. Bernardino Municipal. Code, Chapter 9.65 -Curfew 6 Email ~x~essage from Roger Jon Diamond, Esq. acla~owlcdging Hudson Theater allows minors on premises after curfew 7 Constitutional law flyer distributed at Hudson Theater DATED: January 21, 201.1 Respectfully submitted, JAMES F. PENMAN, City Attorney 10LEIriA E GRID R, Assistant City Attorney D01~1N DICH , Deput,~City Attorney l`, f ~ Donn Dirnichele Attonleys for Plai~~tiff z EXHTRIT',~' LN SUPPORT C}P MOTION FC)R CLOSURE OF VL;NUE PENDING TRIAL; SUPPORTING DECLARATION OF DOiv`Iv~ I~IMICI-~EI,E t 2 3 i 4 I 5 s ~o t~ t2 13 14 15 ~ F~ ~~ 38 t~ 2p 2t 22 23 24 2s 26 27 ?g SUPT®R'I'ING I)ECLARA'TI®N ®F I~~NN I3II~ICHELE I, Donn Ditmichele, declare: i . I am a rnember of the State Bar of California and a Deputy City Attorney for the City of San Bernardino. I am counsel of record far plaintiff People of the State of California in this action and am personally familiar with the pleadings and other relevant documents relating to the action. I have personal knowledge of the facts stated in this declaration. 2. Attached as Exhibit 1 is a true and. correct cagy of the Order Granting Preliminary I:t~jutiction issaed by fudge .Ianet F.rangie and fled in this natter on April ~, 2010. 3. Attached. as Exhibit 2 is a true anal correct copy of the certified reporter's transcript of the hearing on the People's motion for a preliminary injunction held in this rrtatter an Ivlarcl130, 2010. I ' appeared at the hearing on behalf of the People. ~. Attached as Exhibit 3 is a true and correct copy of a declaration of defendant Margaret Sherman in opposition. to the People's nation for a preliminary injunction, which I received by mail. and ,which the court's online docket indicates was fled in this matter on February 22, 2010. 5. Attached as Exhibit 4 is a true and correct copy of a supplerrtental declaration of defendant Margaret ,Sherman in opposition to the People's txtotion for a preliminary injurtctian, which I received by mail and which the court's otlline docket indicates was filed in this matter on March l 8, (2010. 6. Attached as Exhibit S is a true and correct copy of San Bernardino Municipal. Code, Chapter 9.68, which imposes curfew restrictions on ninars under 1 S in the City of San Bernardino. 7. Attached as Exhibit 6 is a true and correct copy of a message I received by eloctronic mail from Roger .tan Diamond, counsel for defendants Margaret and Michael Sherman in this matter, on December 2, 2010. Mr. Diamond states in this email that Ms. Sherman wi11 acknowledge under penalty of perjury that the Hudson Theater permits rrti.nors to remain an the premises after nidnight. 8. Attached as Exhibit 7 is a trite and. correct copy of a document entitled, The Hudson 3 EXHIBITS IN SUPPOR'T' OF MOTION FOR CT.OSliRE OP VENUE PENDING TRIM..; SUPPOP~TIivG DECLARATION OF DOI~N llIMICHELE 3 5 G 7 9 ~o ~~ i2 33 t4 15 1G 17 18 19 2 C1 2i 22 23 ?4 25 ~~ 27 28 School. of Constitutional Rights and the Shady of the Bill of Rights. I obtained the document at the H~~dson Theater on August 28, ZO10, where it was being distributed at a~~ event Feld that evening. I saw a stack of copies of this document on the front desk of the venue, at which defendant Margaret Sher-~nar~ was seated at tlae tinge. Ms. Slzernaa~a told nae that Mr. Diamo3ad wrote the document, but Mr. Diamond Iater told me in court ova one of Ms. Shermau's criminal. curfew cases that he did not write the title of th.e document. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed. on January 21, 2011. 1 ~f ..~ ~-- DON~~ DI~IC'HFLE ~..- 4 EXHIBITS IN SUPI'OR.T' OF MOTION' FOR CLOSURE OF VE1~;LE PENDING TRIAL; SUPPORTING DTsCLARATION OF I70NN DIMICI-II:LE EXHIBIT 1 i a 5 G w s c~ 11 l? 13 to i5 iG d'~ rs 19 ?n 2: ~~ ?3 2~z i. 2r z? zs l A1E S ~'. PENMAN, City Atrtonxey ~, ;,- r, No Filzng Fee P~~- 5taie F3ar Igo. 9I7(il ~v '"; ~ ~''- ~ ~~ ~~ Cso~~ertzrrze~~t Code ~~ GI Q3 .1OLENA lv. CrR1DF'R, .5r,'n.iorDeputy City Attorney ,State ~a.r• Na. 195259 DC~?;N DIMICHCLE, Deputy City Attor:~ey State ~3ar No. 84935 ~ ~ i 300 North D Street .:~ii~~t~r~~~~ r u~~ ~ ~ ~.d~ ~~F~~f.~~. C CJ{J"d;~s' j r ~d;. ~~ t~~ada~lf~lC3 San I3ertzard.ino, California 92418 rr'~l4phfln~~ ~9r~~~ 3s4-s3s5 r ~~ q ((` jtt f F'dCS1rI'l.l,l4': (909) 354-528 _....,_.._.~.. ~., ~ _..~ lsFt'~~'d `! Attotxieys fc~r Plaintiff PEOPLE OI~ THE STl~TE OP CALIFOI~N [A S~u~Pl~,I~.I~3~ i"O~TI~ i OI' 7'I-1E S`;;' "~ l"a ~~ CA.I•_.II?0;<t1~I.~ I~~Q:R''H~+; C~?~7NT~ Uii SAN I3~R1~T.4I~I~~N+L'i ~ PEOPLE OE TS~E STATE OF CALII~ORNYA, ;base Na.: CIVDS 917881 ~ Plaintiff, ~['~~ OlZI3ER GR~1.N7['I.L\'G ~'RI~I~'1MINAI2Y IN.IYJNCTIf}N vs. , ~ M ARGAR~T S1-ILAMAN', MICHAEL € S~IERMA.N, and RA3AELAROUl2, doing busizaes ~ as THE HUDSON TH~EATIJR; CCU CLUB ST3'~ LLC; DOES 1 Ihraul;h ~{3, incl~zsive, I DefeY-sciants. /-AND RELATED CROSS-ACTION Jutl~~: Hoye. ,Iaa~el Frao~ie ~,etinn filed: Decennber 22, ?E149 OI2.DER On the znotioz~ of piaintiff and for ;wood cause shown, defendants Margar~:t Shen-nan, Michael SlzernZax~, Rajae Zaraur, theia' agents, scz'vaa~ts attd employees, anal al persons acting z~nder, in concert 3 with, or through any of them, are lzerel?y enjoined and. restrained Pram doing any of the following in the operation of the prez~ns.scs located at 295 E. Caroline Street, San r'3ernardino, Califonia and carnmonly s l`naw~~ as "The Hudsan" and/or ``The Huctson. Theater" and/or "The Gotham" az~dlor "Thc Gld Gotham.,, axnFrz ~~zA;~ ~z~r~c ~~z~~~~~AkY ~t~uwcr~o~v 4 i` ~ , ("Premises" or "venue"}, effective imsnediiltel_v alld until the entry of a ~rlal judg~alent in this aGtioi~ or a ' f~:lrther Qrder of the Court; 3 1. Maintaining or operating the Premises in vic~lafian oC a~~y federal, state, o~' local 1_aw, a ineludir~g but. n.ot ln7~ited to the Drug Aba.ten~erlt .lei {Health & Saf. Code, ~ 11.570 et seq.), the general s l.aw' of rr~isance (Civ. Coda, ~~ 347-34fi0), ar airy ordinance: of the City of San. Beniardilla ('"City"}, ~ irlGiuciin.g but not lil~li.ted to the provisions pcrtai~~ing to curfews for minors and the ca~csing of excessive noise; `~ 2. Atlowing the unlawful selii~~g, scnri~~g, staring, keeping, [manufacturing, or giving ~o away of any Gant.ralled Stil}5ta11CG, l7l"~CU1 SOr, OS" arlalOg Orl the PreIT1tSE:5; .i ~. Maintaining or operating the Prenliscs in violation of a.ny provisia~a of Coll.ditional Use iZ ~ ~ laerrl-~it No. ~3-14, approved by the City Planning Can~~nission alr 3une ~2, 139a {attached to this Order ~~ as Exhibit 1. ), as n~odifled ley Alneltd7nent to Cai~.ditit3ns loo. f)0-l'7, approved by the CityP3anxling t' Col~alxlissia~~ on December 19, 200(3 (altach.ed t.o this Order as E~illibit 2), or any provisio~l of the tc ~ Cso~~ditia~~s acce~lated ~,y defelzdants Margaret and Michael. Shen~aan and Rajae Zaraur upon the issuarG~. E7 i by the City i.n or about r1u ;ust ?C)OS o i' ~:ntertainn~.ent, Operatc~a~'s, aFZd dames of At~us~;~-ne;n.t Permits ~~ ~~ ' pertaini.n~; to the operation of the Premises {attached to this Order as Exhibit 3}; al~.d ~t' 4, Mauataining or operating tine Pretrrises without Golx~plying In full with all of the following z~ conditi.ans of apel-ation: 22 a. At ]east two weeks' advance notice must be given to the San Bernardil~a Pa[i.ce z~ ~ I~cpartment ("513PD") of alI events with expected attcndan.ce of more than 2,OG[1. 2s b, Restroom facilities n-zE~st be provided for patrons rvaitit~g in line to eater the Premises. A `{' r`rlinimum ratio of ane toilet per ?SO patrai~s outside the venue must lie rnaintai.laed. 27 c. All parking lots sw-rounding the vc:llue az2d the exterior of the venue lxlust be Gleaned ai 2E E all trash ilrrl~aediately following each evert, ... C?I~L7I:IZ GILANTIivC~ PIt~,I.IVtiTT.4~2Y ItiTta']~'C:'rI~~1 -- I .~. I '• ~ d. No music or other noise originating from klle venue naay be audible beyond the railroad - tract`s south of the vcraue, Watenn.an Avenue cast of the ~~enue, Caroline load north. of the venue, or u ~ ' 1-fonts 1..ane west of tt~e venue. ~ ~~.~~f ~i~ t~rl~eru~rsc; p,e~~}~'~ct +~ ~~~rg~,~c~ar~~~k~~ r~~~~~~~~ Crc~ ~,~~.G.?~~ . e. ~ ~ i~I4~.mnrs (l~ersot~s u~~.der 18 years ald) m~~y not be oz~ tl~e Premises after ett~°.few (11:f70 p.m. ~, ~ Sunday through Thursday az~d 1.2:01. a.m. Friday and Saturda}r}. i ~2-All evert.ts open to mizlaz's ~~~t:~st e~t~d of curfe~,~. 8 ~! ~ ~~Ad.vet-tisemer~is far events open to n`~i.nc~rs must clearly and accurately state t.l7at tl~e event. g will en.d at. cu.rf'ew. ~'he applicahlc curfew time for tl~c day of tl~e event must also be clearly and ~n € ~ ~ ~ accurately stated in all advertisements. ~? ...~' ~ A11 patrons a.ud other persons ezlterinl; the venue (including deejays,band etchers, and ~ ~ nthcr Entertainers) a~~d their property n~tist be searched by security officers prior to er~tWrin.g tl~e venue. ~a ~ r~ ~': All patrons and ath~;r persons entering the vet~tuc (inclttd.in~; cieejays, bands, anal t~fh.er ~s J entertainers) fnust be scaaaned with a rrietal. detector prior to entering tl~e venue, to prevent the ~s ~-; ~ introduction of weapons into the venue. ~ s ~ ~j'.' l~ro illegal items of any land maybe brou~;Iaf inside the venue. tt~ ~ ~. Na baclcpaelcs, p~~rses, bags, fan~~y packs, satchels, duffel bags, fate bags, ar ath.er similar ~~ storage containers are a.(.lowed inside the ver~t~e. z No cigarettes or cibarette packages may be braugl~t insid.c the ~renue. z_s ~. ~i. Only the following; items of pexsanal property ~~ay be brought inside the venue: driver's -' ` liee~~se ar otl2cr identification card, cuxrency, hank access cards, cellular telephones, feminine hygiene ,_~ products, az~d legal over-the-counter or presc~°ipti.on medications. 2G ~. Na narcotics oz° narcotics paraphernalia may be brought inside the vcnt~e. ?~ zs x ___ ~,..~. ~..- aRDE: CsRA~~I'INC~ 1?RFLtMtNATZY I;~dU~C`~'IL)N - -- E, ~ ~ . ~ A force of private security oft:~.cers rsaust be rriainiained at the Prerrzises for the duration of z each even#. A ratio of at 1e~tst one officer per 3.00 patrons rrzust be rrzai.ntained at all. ti.rnes. Narcotics and f~arcatics paraplae~-nalia farz.nci by security ofTiccrs must be co~afiscated atxd 4 ~ ,~ th.e ,SBPD notified. Cocztiscaled itezxas mast be rnaizitained in a secured box until dose of business. 5 ~, After close: of business each da.y, the 533~'D z.aust ha natifi~^ t3 to came to the pren.~ises and take czzstody of ~ the items, s ~. Persons from whort~ narcotics at~ci/or zaarcoties paraphernalia are confiscated must be cletaizaed a~ad rnozaatorcd lay security officers in a secure holding area unti3 picked up by SBl'D is i ~ officers. tz }~ ~ Si~;z~s must be posted inside arzd outside the venue advising; i:hat persons found in to pnssessica~a of narcotics nr narcotics parataherna3ia will be arrested arrd prosecuted and the i3.lega3 items ~a v~il3 be~ confiscated. is _ ~ Securi.ty officers must Sae trained az~d certified in the. recognition and identification of tG , ~~ narcotics and persaaas undr t3zc iz~zf~uezace of narcotics. i ~ s ~ Security officers effecting the arrest of arzy person. mast prepare a wz•ittan report ~' j~ docurrzenting their observatiarzs and actions prccediiag, during, anel. followizag the arrest for preseza.tation ~~ to SBPD officers and foi• use in 3arasecution of the arrested. inclividuai. ,i Sccziri.ty of'iccrs anust not penrzit anyona to 3oiter autsicie the veni€e, including izaside ?3 vehicles and in pal°king lots surroundiiz~ the venue, Pet'sons zaat on tl'~e Premises for t17~; laurposc of ''~`t ~ attending ara event at tl3.c venue rrztzst be required to leave the Prc;miscs imznediate3y. 2~ I ~~- ~ Security officers must irranaediately notify 13ie 513PD of any disturbance andlor ez-in~e in 2Fi ar outside of tlae venue even. if security officers i.iat~;nd to hand3e t3~.e situation without police assistance. ?~ ~s f i t __ _ __ _. _ .u. _..~_. ~.~. ___..~ ~. _ __ T a~tza~7~ ~~n?vTtN~ P~~r.~~rNnt~~~ 7NruNC~~to I f ~ (,~ ~ Security offcers ntttst i»spect ail restrooms i~~.side the venue every 15 minutes during each Wvent. ~I ti~ ~ A rr~inimua~ of i.ive security officers n~usf n~aintait~ a constant presence in at.i perking fats 5 !surrounding the venue dut•i~a~ each event, patrolling the parking lots at all times. F ~~~1 ~ Sec~.irity o.fficel;s t~aust deta€n and. monitor in a sec~.ire holding aria all persons observed ~ con~.tnitti.ng fela~ty crimes on thw premises until. picked ul~ ~y San. Bcn~ardi~aa police afficcrs, b No alcohol sales are pcrrt7itted inside or outside the venue v,~ithout a license. ~ ~ ~! ~i. No alcohol. sales play be rnacle to anyone u~~der the age of ? 1. i ~ Tf an alcohol. saps license exists for the venue, nnly one a3cohalie beverage rr~ay be sc~lci ~ 2 to at~ry patron aged 2l or aver at any ono time, t3 ~ ~ , ~ If ate alcahal sates license exists 'for the ver~tte, stn alcohol Wray be sold to an~~ patron ~4 ! appearing to he intoxicated. t5 ~ ~ ~'~ capacity o:F 3,450 patro~~s for tlxe ~:ntire vt;~xue must lae strictly enfot-cecl at all. tines 1.7y ~~ i~ security o/fi'fcers anchor enaplayecs and at ~~a ti.nae shall that capacity he exceeded. ~ s ~ ~ , ey~1 The venue capacity of :3,450 ~t-st, lit; clearly anti accurately sfat~d ia~ all aclvortisements l ~) I for ev~:a~ts at the venue. 20 ~~_ ~ Flo more than 3,450 tickets rr~ay be said for any event at the venue. ?~ ~? ~ ~ Virl~en capacity is reached. at the venue or tickets are sold out fa.r an event, signs must he ?; ereeteci near the entrance, sales booth, and al.l sides of the exterior of the vertie stating that the event is '4 "fold Opt" and requiring ttil pe~rso~~~s not then inside the venue to leave the Pre-t~ises. -~' ~~ l~`i "No L©itering" signs rctlccting local and state laws prohibiti.nt; loitering nlt~si lze posted 26 ~ art all sides of the exterior of the venue arzd i~t parking ic~ts surrounding the vet-tuc. 2? ~& l I 5 ORI3f~,R t,~RA?~TIN~~ P~~Lt:~TI~Ai't1' [N3tiNCTtO:~1 ' ~~ .~ The venue: must have a well-established and secured clue~~e for patrons to purchase tickets a and/or enter the venue. T'he q~3eue may be rao greater than eight feet in width. ~~~. One security g~~ard must be p~•esent every?3 feet i~~ the queue to monitor patron co~~duct a s a~xd prol~il~it narcotic sales a-~d all other disturbances. t; ~ ~ ~c. Doors providing accESS betwee~~ the two sc;laara9:ed partiot?s of tt~e venue trust ~~e foc~ed ~ 7 if two events are •ccurring si~nultancously and one pernaits minors while the other prohibits ~ninoxs. ;r ~~ s ~h~ ~Q~~te~s ~m-e, vr~~rr~r~ t~ ~r~r'~~c~ ~'~-~~~~-- ~s~~~~~ ~c~i~~~~ ~d1 ~T is so o~~R~P, ~.~.~, ~.~~~, ~~- ~ ~ ~~~ ~~~~- ~.~~,~ A ~ f fa,y~fr~f'~s ~!`c.~~'~ ~-d s~v'v~, ~r,s c~,F~~' dr~~r1/ ~~e Uate~d.; April ~, 20tCt ~ ~ ~. G~ ~c"1~~~~ "~ 1[~ ~ .~~. O.F T~I~% ~i~I'E.IO.~ C ~~ T 3! rz ~~ ~ ~,s l5 I (a f7 I F. i9 ~~} ?p ~? ?~ ~~ 1 ?5 '~ 27 2s G ~ --_-~__ -~-_ c~ru~~x ~~u~~z~r~~c~ z~~~.~~~.~~rz~ i~~i~r;c~~io?~ -----_. EII~T ~ City of San ~3ernardina a~'A'~'~M~1~"£' 0~~' OFFICIAL i T.,ANI~I?~fG C~M~lSS10~T AC'1'iC~N ~'R~,T~ CT ~umYse.r Applic;artt: C3wner: Cordifibnal Use Permit ~7c~. 93-14 Caravan f'x~operty F~anagenent Corad Baker far Satnchawita Ca. A~TZON Fleeting I3atn: ~7unc 22, 1993 X .. Approved C:andi'tiartal Use Permit T~To. 93~-.14 subject:. to the ~`indings of F~.ct (~ittachrnent ee~e,} f C01~d~tJ,`~1:5 Ci~ ~3~3isrC3CJe~~. fc~1wte~CrTlcil~i' ,r~,e~ i and Standard Requirements (Attacft.ment "I1" } , Frith a revision to Ca?-,r3ition ~~ 1 ias distrzl~ut~d to the Planning CamTn~ssign and tha applicaxttj, and a deletion of Candit".iort X12 of fhe Building I~.iv~ sio~-t Standard Requirement . (l O'7"~ Ayes: Affai~ati, Cale, Gonzales, Ortega, Rr~rtera, Stone, r~'raver i~Iays : krone Abstain: Kane ~'iIJ5~I7L : TJGY1~ Tine decision of the Tlanning Co2ttmissi.c~ri i.s fznai urtl~ss a written appear a wt"-~..rten app~ai :i.s f~1ed, ~.rit~x the appropriate fee, wit~-,ir, I~ days of the Pianrting Co'tn:tiissian's actiean, ptarstzant to 5ectiot, 19.52.1.00 of the M~.tnicipaZ {Development) Code. I, ktcr~by, certify that this Statement oaf t~:~ficial Actiart acctxx-ately re lects the final, detcrmirtatior~ of the Planning Cotnxnissa.an a he City of San Bernard in ._..._.~ _ _~_ ~' 3 e ~}' t e ___~-- Al Boughoy, .Directe~r of Planning ~ Building Services AB/dm ~~ttachments cc: ~rojec~. .Zappl~.cant project owner clan Check Engineering Oiv~ si.r~n Case ~';.le GETY 01= SAN s~RNARaINO PLANNING AND 8U4LDI~G SER~IICI~S D~A1=i`i'MI/I~T ~~~ i AGENC~A IT~NI _ _ 4 HARING DATA 6-~~-93 _- WRRD .~ APPLICANT: Car~.vur. 3'rr~perty tvlgrtt ~ Cord~,tianul C.TSe ~e~m.it 5G0 Kinley N.L. ~ ND, 93-14 Albugt~4.rc~ue, NM ~17~2 ~ ov~1~E~2: Cor~ad Baker ~nr Simckzow.it~ ~ 3~~.5 5. Sepulveda ~,1, X31 Lns Angeles, CA 90G34 ~„ ~'o establish a theme night club (country western) in an exista.ng X4,764 square ~cspt tenant space 2.n a multi-ter~a.nt ~ cc~r~tm~raial center. Might cl.uh wall ~.ncl~cle on-site sale [~ and cons~rnption of a.lcahol (beer, wine & well-dr.z.nks~ , lave entertairlf:ic~nt, disc-joc;~~y, dancing and bi? l~rd5. -~.. ~,` i,ocated nn the southwest cc~rn.er a~ Caroline 5tre~t and. ~ ~ater~tan Averse at .295 E. Carolirse Stz~ect. ~~aa~~~T~r Subjec~ Forth South East hest f >w~CISTING L~.,I~S Z~IN~a Coz~mercial Center C~t~-3 Mixed Gomm2rcial CR-3 in~i18%%~.ul Llarek{ouse /Vacant ~L Vacant CR-3 t^7halesale Cnmmercial/ CR-3 Vacant ~ENERAI_ ALAN Cos~u~ercial ~tegional Ccamercial Regional ~rd~wstr~.a7. r.i ght GQttunerc .al Regiona.7. Comznercia~. Rngzonal. GEdLUG~G F SEfSMfC ~ YE5 FLOCID HAZAR£~ ~`! YES ©ZtJNE A SEWEF3S: (~ YES HAZARC7 Zt3NE; ~;j NO 20NE. ~{1 fdCS ~ ZC1NE B [~ NO f-fIGH FtR>= ~, YE8 A~Rf7C]RT sda{SE! ~ YES REnEVEf_C~PMENT ~ YE5 FiAZARi} ZOfyE: ~ fV0 Cr"iAS}i Z'{7NE: NC3 PRO.{ECT Ar~EA: ~ NQ ,.J ^ NEST ,~ APPLfCASt.E ~ E!3 cu ~ ~ .;~ ~ EXEfvtPT ~ Gd Class 1 ~~ ~ N{] siGrtf~,cAf~T p~,X EFFECTS _~ i-° ~© ~1 W w.. U iS! ~; A~PROVAE. ~ cor~r~~Tlc~Ns ^ REr~liAl. ^ co~rtr~l:~a~vc~ ~ra PATENT{AL StGNiFtCAf~{T EFFEC75 11~ITH MfTiGA7fNG MEASiIRES NQ E.l.R. Cj E.(.R_ ~fEQIJlREq ~3UT NC3 SIGN{F3CAN7 EFFECTS WST3~ F.&ITIGA'S'ItafG fvIEA5tJf~E$ 5{GNIFICANT EFFECTS SEE ATTACfiED e.R.C. f,Al N U'F ES ~~~~ aura-a.oz ~'~c ~ aF i ~~-ao3 C~ A'~~c~C17In~rtt; .~~,~i CITY OF SAN REANARDlN© F'LANNlNG CASE _ CUl' 93-i4 AI`tD I3l![LC?ING SERVICES DEPARTMENT AG1=f~DA 1TEM _ HEAti[NGDATi=~6-2Z-93 PAGE 1l } ^r;nstrt;ctinn shat i hY in svbst.aniial e~nnfryrmance with the nltzn~ti•; a~~nro+-rd b` t}ie IyirecLOr. €3evelat~meni: kEC~if:1.' f'ommik,tee. Planning Comrssissir;n or M~vnr and Common Council ?`finor modification to the nlantsk ahall hP st~t;ject to apPrc;~-»1 hr- the Director. through a minor tnc~dificatir~n t>Frmi t prace:~.s. A,nc- moth fitatian a~hicit exceeds 113 Y, of k.he foTlnwing a1laFahle measurable de.sign,~Uite considerat.ian~? ahall require the rcfiling of the original application and a subsequent hcarir€g b~• tha appropriate hearing rep>iew aukhori.#.v i f ai~plica};le. 1 On-site circul$tion and parking. loading and l~as£dseajaing: 2. Placement. andlor heitzht of walla, fenc:e:~ and structures; 3~ l2eeanfiguration of arcleitectural feature, including colors. andlar ~nrrdifir_ai_ion of finished materials tE3at do not altar qr camprnmise the previau~l,v approved theme; and- ~+- R x'eductirrn i n densi tY~ nr intensit. of a de~~elopment project. __.-?__w_-- Nithin nae ~~ear of development approval, coramenaernent of cnnst:ruction shall hate occttxred ar the permit:/approval shall become null. and Void. Itt addition, if after commencement of cop,struction, warkc is discontina~ed far a Period of one vear, then the pert~it/approval shall become null and void. Pra?es:ts maY be bssiTt in phases if preapproved by the reviek atlthoritY. If a project zs built in Preappraved phases, each stabseq~tent phase shall have osse Year from the arevious phase's date of con5irrttctipn camrrtcncement to the next phase `a date of constrt~etinn commencement to have occtazrpd or the permit/approval shall become null end void_ FrojecE.:_Cc~nditianaZ~ilse-~~rmii~ No_ 93_19 __..~ ^__.. 1xpiratiors Date: dune 22, 1994 PLkFi-AA4 Pu3E r DF ~ ~a.~COf Page 1 of 7 .~ Cf~"Y C.~F SAN BFRNARDIP~Q Pi~AI~NiNG AND BUi~DlNG SERlI~CFS aEFARTMFN~' AG~tVt]R 1T-~fv1 H~ARtNG HATE ti-22-92 PAGE '2 ~' The ree-iev _ ~._ authorit}• rra,~, uK~on a~+ntir..at]<?n bezn~ f~:1ed 3t] da3's prior to the ~xt,iratic~n date anci fnr t?aad cause, grant one time ektc-.nsic~n cot to exceed 1l months. the re~•ies` aut isority gha]1 ensure that the F,ro~ect. cn[upIies ~*ith a] 1 current De<<elopment Cede prc5vis icrtt~. ~.__~___... ~ in the @vent~ tisat 1. his appro~Jal is lEgallt- challenged, the Cite r»i1t promptly nfltifc thc~ anpl scan±' {~` ai1'r L.laia: S7r c^C't.:~(d ~nri 5+i11 CO~3I~°~`~'-tti' fully in tine defen:~e of the matter. 47nee notified, the app 1 i cant agrees t.o defend . i ndernni f~ , and ha] d harmless the Cit.u, its officers, a~enC.s anc3 emp]oyee& frnm an}~ r.laim, action ar. t,raceeding against the Cit}• of ~aa Bex.nardinca. The app3icsnt farther agrees to reimburse the Git3~ of any cn~ts and attorneys' fees which the ~.ity mar he required he a court to pas> as a resu]t cif such action. but. such participation sha]1 not relieve applicant cif his cr l:er o@>Ii2atian u:~da~r. this cor.ditian. --_~'_______ Na vacae{t. relocated. a]ter.ed, reeaired rsr hereafter erected structure shall 6e areul,ied or nn charge of use s~f land nr str~~cturets} shai; t,e inaugurated, ar na ne>: btasiness commenced as authorized by t3sis permit until a fertificate of occupancy has been issued b~• the 13enartment. a temporary Certificate of iSCCtapancy may be issued bt• the [lepart>gerft subject t© the cpndztions imposed on ti,e use, provided that a cEepasit zs filed with the department o€ Public Hc,rks f,ris~r to the issuance o€ the Certificate of Occupancy. The der~c:xi t car security s-hall guarantee tE7e faithful performance and compietian of all terms, conditions cad performance standards inaprased on the intended use hY this germzt. Prior tc, the issuance of a Certificate of 4eeuparseY, the landa~:rter shr~11 file a maintenance agreement nr covenant and easement to enter anal maintain, subject to the approval of the Cite. Attorney^. 7'tre agreement nr covenant anri easement- to enter and maintain shall ensure that if the landoxner, or subsequent axrserts). fai€Q tv nsairtain the required/installed site is~praa>emeats, the City xi3.] be able to file an appropriate liens? against the prapert}~ in order to accomalish the required maintenance. CASE _CUtry..... ~ 2 _ i 4 PLaN-~6.Q7 PAS 7 6F 3 {.G~ CITY Q~ SAN BI~RNARC}INC3 PLANNIhlG RNf~ gUIIrU1hlG SERVlCI~S D~~'ARTfu~1=t~IT CASE CT1P 9 3--19 AGENCIA [TEN! ,1 ~~~a~rr~~ c~,ar~ -M -~. PACE __~.~^_._..~~._,_____._ GCTY Qrr 5AN BEC~NARDW~3 PL.ANNCNG ANd BUIC_L}iNG SERVCCiS DEf'ART~ENT C,ftSE CLIP 9?-l ~ ~~1~ AG1=N~3A fT~M 4 HERRI{~fG ~AT"E ~-?2-°3 PAGE 1~ __~7__...___ This permit or aKrpro~•al is sutrject to al I tht~ apPlicalrte px~nvisinns crf the >:levelc~pmrnt Cade in effect at the time of appxoval. This includes Chalater 14.20 - Property 1?evelapment Standards, and includes: dust. and dirt control tittring cons k.rr.fr_tinn ar:d grading actin>i•:ae ~=:rassicn cc~;atr-cl of`+.rmes, vapors, uses and other. farms o€ air pallutior3, Tarr control exterwiar lighting design and pnntrc) noise control.; odor, control; screening; signs, of€..street pazking and off-street loading; and., vibrati.nn control. 5crgening and sign regulations compliance are important considerations to the developer because they :ill delay khe issuance of a Certificate of Occupancy until tlrcy ar.e Cam~,2ied r~ith. Any exterir~r :rtructural equipmer:t. ar uti.iity trans;orrers. brsxes, d~:ct: Gr meter cabinets shall de arahitect.e~rally screened by gall ar structural eleaxrent~ blending raith ttre building design acrd include landscaping when an the graand. A sign program far all nex cnramercial, office and induatraai eeRtees crf three ar mare tenani. spaces steall be approved IzY fire Department prior to the issuance of a Certificate of t7ccupancv. 'Phis requireurent also includes any applicable T.and Use District 15evelaparent Standards far residential , commercial ar5d industrial developments regarding minirnura lot area, rni.trimum lot depth ar~d ~ridtlr, minimuar setbacks, etfaxi~um height. maxim~rm lot coverage. etc. _V~_~___ ~"hip? deveio~~mer,t gtrall hP rerauired to maint_airr a aaini~rtam of _~,.41.~ _ stands rd raPf-street narking spaces ac shown on the apprr~ti•ed plans) on file. .. ~ C4~ID~TTC?Id'A~ T5E PERMI'T' t1O^93-~4. f•iEARING DATE: 6-22-93 pAG~' i ~ ATTACI-Ll+'~EN`I' :r ~ rc 9. The establish rent of any use in the remaining vacant space in the cQa~mercial center shall reiluire a parking verification to accompany the zequired application (Development. Perauit, Conditional Use Perusit, etc.) frar the use. In any ease, no less than a ~3evelapment permit (Type z) shall be filed for verification of parking. ~'ar the c.sta~a3ishment of any use in the center remaining open past 5: 3Cr p.za. , a revised shared parking analysis shall be provided as a part of the requi.rer3 parking veri~icatior~ to ensure na conflict exists bet'~reen the proposed use and existing3 uses in the center, inclsrding the 1-t].ght Cltt~7, IQ. Ax~y extension of ~aperatincl hours by an existing use in the center later than these currently established shall require a Development Perzziit (Type I} Parkzng Verification to include a xavised shared parking az~al~;.~is to erasure tkaat nc parking conflict is created by the change. llr Any-~peciaZ -events. -h~.l-c~_ at th~_xiig~st club outsad~-.tk~-prepcasee~---- operat~.rig..h,aurs cif Wedne.~;day...thrc~ugt~...~urac~ayT-~:-O€~--p-.-m.~. ~t~,'-94d~__ p.~u~.....~2~a~.J.`-~r,~.._~ub-j.srct-~ra..~-.e~iexr- arid--appr-c~.va~.--c3€-,~~~'laora~~ T.lse Permit Applzcatican. In addition t~s the recxuirements [iu't~.~3.~c 3= ~-r-~ -~h~er- 3-9°.-~ ~-,~ -~.he- -~eve3~~mezr~- -~od~ -tiastlr regal try - _'~'eua~ara ra-rSs ~ -L.~r~- - -~ rm-~ts -, - -, dtx~uxn~n~a t ita~t -~ -a~a-y- - use - - req~ i ~. ~xh~.~-iti~g- the--jai.3.~ili~ty~-rof-•-~dage~~--pa-~rnc~-- f^~r--tie ds~ra~an_ -t~f" -tom - ~ec~a•1---~rrt"~ ' - - ~ - -T~mp~cxrrrry~ ~ ~ _ _P~ rm~i .sukauti.ttacl- - f crr- .. a~ .~p~e-i-ar~ , maven - s~ki~l1 _ -~ - ~-outer - t~ -the -F~.~r~ lsa~-~7~e~~, --_~~i~e----8ep~x~€e~---~---c~~ri-nzxti~arr---rsxzd cQerr~azaatr~z~-cr€-ad~e~u-a~-e-~~gre~s-~ee~~sT--c~ra~; -~~zf~'-i~-ar~d park~xxc~ _c ~trcal.~,..aszd_ a~g enemy .s ~ ~ ems..- - -A~t -l ea-~t -thy-r-ty--da-~ -1-earl- ~ i-me- s~~u ld- ~ -~.1 l.ta~e~.^ ~r ~rca~~~r ~; ,_2~. - p r; ear. -~o - thy- -e,~rt~-. 12. 'rNo lcaiteringr' signs shall be pasted in the parking lot with managr?ment enfr~rcing the signs. 13. Exterz.ear lzghting shall be su~fieient and properly maintained to illum~.nate all areas oaf the exterior of the ~auilding and parking lcat for easy detection of al.l suspicious and criminal activity. 14» Entertainment provided shall not be audible beyond the area under control of the licensee. 1.5. security shall be provided and tnaint~tined at all ta.znes as described in the letter dated June 2, 1.993 from Tourney & Associates» All of the security guards will be properly lznensed by the State of ~ali.fornia. r _';{ CC?~1'D~`r`lOt`~A.3 LISA' P~RS~~.,`P I~iO. g3-I_4 Replace Condition Na. 11 an Page 15 of t~xe Staff Repart with the fo~lowinq: 11_ Any special events proposed to be held at t~~e night club }~ettreen the }ours of 1:30 a.m. to 5: p0 p. m. , Sunday through Saturday, shaL~. be 6abject to review and apprr~val of a Tetn.porary Y7se Permit ~pplicatiot-r. In addition to the requirements outlined in Chapter 19.70 ©f the TSevelopmertt Code with regard to Temporary tJse Permits, dcscumentati.on may ~;e required exhibiting tY~e avazlabi~.ity of adequate parking for the duration of the special evert. Any Temporary Llse Perr~zt submitted for a special events shall be routed to the Fire Department and Police Department for determination, and cc~ordznatioz~ of adequate i.ngressfegress, crowd, traffic and parking cantr~al, anc~ emergency services. Pit least thirty days lead time should be ailawed for processing tine Temporary L,'se Perma.t prior tc~ ttze event. C3elete Building and Safety Divis~.an Standard Requirement No. 1~. The bua.lding is presently e~tisting. 'phis standard requirement is only for construction of new l~uild.ings and was inaeivertently added by Building and Safety. ~~~~~.~ .. aE K,.nk ~~ a'- ',,.'~ Ii '~~~''~ ~ CI't'Y ~F S.~N ~ERN~4~~.INC~ -tom ~t~ a - fir, r "~~F=„~ ~" ST~'~ ~;M~N'1" ()~' C)k ~iC.IAL 1'~.;.~~NI~CY COiw'I?1~15SI€~~r :~CT~.~Iv P~~E).l ~:C'~• Nu~nher: Ct~nrlitional '(Jse 1'erm',t' Nc~, 93-14 Address: 29~i ~~ C;.aroline Str~:t~t (Jwner: C:ltift Curter Cnv~estc~rs f~i~i~licaat.t: 'Tony De(ht;if~~ & Kit[>y 13a~arl Descriprio~t: Ta amend the conclitic~:~s of appravai for Conditional CJse Perrtrit Nc~. ~3- l4 to exEon.d clue oi~erating hoot's (f~'~r Ne~t+ WestlGotharrt C.lu~) Pram 1:3(1 a.t12. on Tl~~rrsdtty, Friday, ;~~titrday atzd. S~at3day marnitt~; utrtil 2:QQ a.t~t. each mor~zing. 'The- scab,#ect property is art irregularly shaped i~arce! of instil r.~~ttsisti7.~ of dl~out t~i.21 acres located west of Waterrr~ars ~,vetttz, c3rx the south side ;f CarUlir~e Stre~>t at 29S T;. {;~:r'olini Street. ACTIC)N: A~~pro~ver~ Meeting Date: T3~:~etztber 1~3, 20QU The T'lannin~ Corntnissiort approued ihc; request with. the an~ertclrrtent C7i the days of c~j~er~ttintt to ~~ecinesday, Thursday, Friday, and Saturday. Ayes: Derry, Durr, ~nciso, ~..ockett, Ramirez, Sauerbrut7, Tl7r.asher 3~~rys: l~csne Ahstait~: Noa~e Absent: Cute, C~Tarcia, Welch The c:eeisiott cif fire Plnttning Cctrrlmissi.o~t is final unless a written rsppeai is ~leci, with life appropriate fey;, within 15 days c>f rite I'Ianning Corrrmission`s action, puz's~aant to Section 19.52. It~G of ti•re lvlunicil~al (Developtne~zt) C:otie, i i~ereby certi.i'y that finis Statement nf' Qi~iciai Actiat~ accurately re~ect.s tl~,e final dett;rt.~it~at;.or~ of t+.ie Plaranitlg Conunission t>f the City of Sant Berzzardixta. Y~ux~,(U V. ~ ~~ Valerie Ross, principal T'ianner cc: Case :file, Department T~iie, Ac{dr~~,ss File Date ~~~CITYOF SAN gERNAI~DINC~ .PLA:'~I~ING T3IVISIaN CASE: C~3nditianal Use 1'errnit 93-14 AGE:~~A ~TEI~: f I-IEARING DATE: Novert~ber S, 2004 ~~AItl~: 3 APPLICANT. "bony Delireiln & Kirby Bond 22(}0 E. River Road, Suite x'126 'I'UGSQn, AZ 85718 ~'lul~ Center Investors 295 E. Caroline Street San I3er~azdino, CA 92408 ItE~~JFSTIL~ICATT4N: The applicant regt~est.s ap~src~val to a:t7enr~ conditions of Cnrlditio~ral Use Permit N~. 93- 14 and extezad club operating hours far New Vest C7athan~ Club, originally cit~sing at 1:30 a.rn. an Tiaursday, ~rida}~, Saturday and Sunday morning tc~ exter~.d until 4:00 a.rn, each morning, located at 295 E. Caroline Street (APN 4164-321.-6$), in tie CR-3, Coirunerci.al Regional land use district. CC)NSTRATI'~iTS/QVERLAYS: i~nt Applicable Ern~I.RGia~FNTAL. FII~PTNGS: D blot Ap~Iicable C~ Exempt, Section 1.5301, Existing Facilities d No Significant Effects ~ Potential Effects, Mitigation Measures and NMi.ti~ation Mortitc~ritrg/Relaarting 1=fan STAFF ItEC:OM'~~El~'IATIQN: D Approval ~ Conditions Denial [~ Continuance ra: Canr1. '''ise Permit Na. 93-14(CUP No. UO-l7) (tearing Date: November 8, 2Uf}0 Page, ~~(31~ES'~' ANI3 I,~C~TIC3'V The applicant requests approval of an an~.endrrient to conditions I~Io. 00-17 of Conditional Use Permit No. 93-1~, pursuatat to Development Code 5ectian 19,36.OSD, to change tl~e closin~ time far the New east Gathazrr Club frarrt 1 :30 a.rn. to 4:0f~ a.m. on Thursday, t'riday, Saturday, and. Sunday n~ornirFg. The clop occupies 44,76 square feet in a r:~ulti- tenat~t center lncated at 29S 1=.. Caroline. Street in the C;t-3, Cam~nercial Regional land use distZ-ict. SA CI~~k.OC~~VD The 1'lannin~ Commission originally approved tl~e application for Cot~ditianal Use Permit Igo. 93-f~, can lone Z2, 1993, `1'he hours of operation were established far Wednesday t't~xnugh Sunday: 5:OD p.m. to 1:30 a,tn. The rtighYclula wouk.d remain closed are Monday arac'I Tuesday, The club was ot-igina3ly estal~lishad vviti~ a catartty westen~ theme The nightclub i.nclrtdes tl~e sale of alcnltalic beverages (b~;er, wine, and weIi-drirrlcs) fat' cn-site ccrsarnpttan, ?t.~e entertat:~x:zez7t, a disc joakcy, aanczng, and brl,l~ards. Qccast~az2ally {appraxin~at~:ly once per n~ontl~), the live et~tertainn~ent rx~ay include lteadlit~se acts. Tl~e request for an airtendtnent to Cat~ditir~tzak Use Permit ;~lo. 93-14 arras reviewed by the Development Review C;on~tnittee {1~RC) and cleared to tl~e Pfanning Commission on September 2S, 200G. - CAL`<~~~,N~A INVITtC7~lM~ 1~'II~AI.. (3C3AL~~'Y A~'i' he proposal is categorioaIly exempt from the C:aiifars~ia Envit-onmerttal Quality Act (CEQA) pursuant to Section 1.5301 of the Cl`:L~A Guidelines, which exeixtlafs tl~e c~peratic~t2, ri~pair, fYiaintenar~ce, os nlirztrr alteration ;~f existing strt~Uturr~s or f~.ailifAes not expaz,,dirtg existing uses. T~ISCUSSI~;V The Police Department 17eliCVC'.s that extending the hours wau(d impact the provision of Police Services. Attachment D. A.s a result, staff believes tl7e proposal conflicts with. Conditional Use Permit Finding § 19.3F~ Q5D (7} whicl~~ states tlsar "tk~ere are adequate Provisions fo.r public access, water, sani.tatian, anti public utilities ar;.d ser~~ices to ensure that the proposed vse would not be detrimental to public health and safety.,, Extending the hours will be detrinsentai tt~ the public ir~ter~;st, health, safety, eanvwnience ar welfare of the City because additional police resouxces would b~; required to rrzonitor acfiviti.es and respond to incidents at the venue durFng the adr3ed hours of operation. Czeneral 1?kar~ Qh~ective 1.6,3 st~3.ies "it shall lie the policy of flee City of San Bernardino to require Police Department review of uses wl3.icl:~ may be caaracterized historicall~~ by high Cond. "~sePermirNo. 43•!4{CUPI~n. D4-I7j fi'ettnr,g 13~re: No.~cmher $, 'PPO Page 3 of cantrn} of use to provent adverse impacts on adjacent residet~ccs, sc}-~nols, reli~~=ions facilities, anc] sirni}~' "sensitive" uses. )~as~d or, Po}ice I3epartment's concerns, the E7roposal is iz~cc~nsistent ~vitl~ t}pis ol~jECtive CONC~.,C_~STC~ The a~~ncndn~.ent to car~ditin,7s daes meet the I=inciings of Fact. F~:~f~Ml!!F~'~'~}AT ClN StafFreconln~ends tre Pta:rnin~ Corn~nission: 1, Deny t.he; art~endn~ent to conditions to extend #}~e eIub }ours an "X`hursday, a~riday, Saturday and Sunday rrsozxrans from 1:3Q a.fn. to 4:0~ a.m. based an t}~e cnttfltct with t}-se Fi~~clings ofFact. Respectfully Sul~srr~itted, ~J'illia~n Woolard Intcrzm Director, Development Services ~._ J ~~~ r ~~ Syivia 3 °arez i,,l Assistant Pla>tner Attacl~~nt A Los;atic~n Map Attac}~n~ent B Site }'la~~s Attachment C; Applicant's request. to arr~enC} tt~e conditio~~s far CL1' 93-}4 Atiachment D San ~erL1~t~'aixta Pplicc Dparfzxa.ant Znterofree Mernc~xandun~ ~~II~` 3 ~rT~~l~ r~~°~t~lv~le~~r >~~~>~r~ c~~l~~~l~t~ ilte. 295 ~. ~aro~lzs~ ~~., 5~~~~ A ~ar~ ~er;E~rdlnc~, C~ 'I"hw li.censeW shall be r-; spc7nsibie far tl~c pastr'r£g of signs ~rohi.bi.ting liner and loitering ut Lh~ exie:~.orc~f the basin°ss asad itt adjacent pa~lcin` areas. '~'l~e licensee and it.s mana~~ment sl;a?1 be respc~nsihle-far e;siarcin~ ttcis and. rnainwaining tl~e axca free from ii~t~r and graffiti The- ext'er'ior of Che ht:sirtess and <cc~jac~c~t parkin ;areas shalt. he cleared of titter at tl~e dose of eacl, i7vsiraess day, .A.ny ~raff:ti sharked upon the prer~-lises ar azty aajacerct arep u.~Gcr the enzttral cis the lirenace shall be removed wit~l~in ~~ hours, ?. 'he parking iat and exterior of tl-ce premises sl~al! 1~~; e~uippad with lighting of sufrici~;nt *` L~J ;;`dtv 2;:G TiT'iLL;~'~ vi:ii3: ' "~,'<SC4. 'l:le t~°C '~ "`e:1i-;rnCe i;r;Cl u:3[Sd'~.tCt vid~il ')° N~~ er to iliurni } r;~ ~ ~)?r ~ ~,rscns €~n ar alaaut t:~e p~'kirtg lt~t. or Y~~usir,~ssls ex.[eriar as-e~s, Additionally, tlae positicsn t~f such lighting sha.li rcpt clist~arh the- ncar-mal privac}` ~cnd use of any negl~l}wring re;;iclences. If pnhf;c telephoc~es are installed me thy, premises, they shall ne installed i~tside the bUSicl~ss s.nd pragrartamecl i`or outgoing ctalls only. 4, ?~~ ai.ccai~niic bev~rag~s shall ba cansurr~ed can any pxc~~p~; riy adjacent to the licensed premises :~r~c'~er itte. coz~c~x of tYte licer~~sae. ~a alco~~olic; ba~,~4rages shall h~ consurae~ al€ang tie exterior caf the ~usinass, in any parking area; or nn azs.y adjaticnt City urea: or al).eyway. noise and am.pl.ifi.ad sound shall be kept to a mi;-ciutxn, l~lai.se atid/t~r arnplifivd sound shall ItC7T lie auc~ible to tkce exCeri:~; of the bt;siress at any tiFne, ~Tcsise arsd asnpli wed sc~uc~d from the licensed business shall. not be auaible fx•osn within an}~ a~>:tached business. 6. ':vo thetne ar pron~dtional nights ire which tl~e m.ajc~t-ity cif the music consists of hip-hula, techna/fusion ar rap music a~-e allnu=ad at ar~y timti, 7, 1'razessianally printed signs with nanimu~~~ dirnen.sion of 2D" t '~~" slfall lae pcstad at tYte entry way, hrahibi[ircg any person frnrr? enfezircg the; premises v~ith any WCap~3r75~, gang idc,t~tificatian sac}; as, lout no limited to, gang t~cttoos, ~artg clr~il7ing car gang heaugat~.r, Such siaJJ'r~s shall als3o proliil~it th7,e. use of gang sifgns ~3=' gang walkitrg. Security and stal"f shall 4~iJ.~r~.~i 4(]r1~r~11 f~T].ww w~tt~ t.l l~~ pr~~f: S.(~il s3,t a.i.{ L~~~~'.s. S. Llcanscc- inz~st cocnp?y with. all City buildzz?g, fire, z,az~ing and h:alth regtt,atzcros. 9. Up on dc;cn¢nd, crake a~~a;fable to atay pc~lzcti off.ca; the eurc~ent names and ac'rdresses of k~_LS/js ETnu: Ni~l~teiub4'.95E-Cunli,c.Cand[vops-~~ucr:ainrn=r,L Pe~tYVi~ arsons wn~ are ~n the mandge~nen car c~peraticrn of Che tusiness. 10. ~a business is to by conducted on the premises after 2:(~C1 a.tn. I i ~lon employees a~'e prohibitQd From tieing inside. the business after 2:OC3 a.m. 1~. Security guards s'rall b~ rewired at ail tiz~es, Security wards shall be presi;nt bath zr~si.de t;~e lousiness, and in all parking areas tl~tat are utilized l,y the licence. 5ecuri.ty stc Find shall be utilised in a rraar~ner tl;at pravid~s ane s~c;.~.rity ward per every It10 patrnns ittsi~le the business, dnd a n~inirnnm of tzvo secuz~ty g~a1~s in the psu'k.ing areas at anytirn.x. Secu~•ity guards will b~ responsible fay ensuriizg a safe and conducive environr~er~t inside the bz~sirtess, maintrz=ring dot3r cantraf to inszare proper <~e repssirernents and to znatintain apprapri,ite paCron capacity, security ar~ai~nd restroarns; to ensure safe entry and exit pcrinCS, and i.o provide security in tll~ par€ring areas. l 3, Applicant. shall provide a copy of i'hese, conditions tt.~ t~11. security r~erson~~e:l and al security pe=.•sonnel sht3ll befam=i'~ar w?th~ the cordlti~r~s cor~taiz~c.d her~,in. I~~. T`ne applicants shall be resl~ansible fc~r z~eimbursernent cr.,sts to the City of Sari Bemarclino For "Extraardlnary" poIiceser~~ices on tl~eirpremises, :~.xtraardznary po?ice set-vices are tl7<~se ~le.fit~ecl tzn~ier San I3erz~arclino 1~'funicipal Carle ~~.82.0I.G. ' l.j If alenh©lic beuerag~s are scr v~ed, inc. quarterly gy°ass sales of alec~;~ac~lc beverages sl~.all rir~t exceed the grass sales of ft~c~tl during the same pariod. The licansee shall at all tiiri[;5 n;L int.ain r°c.~r~ls whiwh re~l4ct separately thv grass sales of fnocl and the gross sales cif ~.lcc~liolie beverages of the licensed holiness. Said records shall f:oe kept nc> less fr~quentiy tha:r on a. quarterly basis and si-rall Sue made available to the depaz~<tner;t an ca~ur:tand, I6, If a3cohr~tic yeverages are served, the sale of alwohol.ic t3evcra~;e.s Laz° cQnststnptir~z~ off the premises shall oe Pr°onibit~d. . I.7. ~o dollar d.~ink ni,gl~ts ar any ot~ier dz~nk promaticor. ti~<at ~vauld reauue the pA~ce or s.ny a!co¥r©lic t~verage below v~3,~~ per drink ~-~ allowed can f"r;.day of ~atur„lay evenir~Rs. l ~. 1f alcalleiic beverages art served, sales, services, and cozts=arrzption ai alcoholic beverages snail be pern~;tted oily=between thellours at ~ 1.,00 a.m. until 1.:3(3 a.rn., cacti day oftne week. I.~st call fnr service. ~f alcohzalie beverages shall be of I:00 a.rr:. All alco;~o? shall ue removed from, serving area at I .~s0 a. m. If Che. quantity gross sa.l.es of food da nnc wxceedi the q~,antii.y ga-oss sal;;s aF alcnho;, finer the sales, servi::.e and cansurr~pticsn aF aicc~nolsc beverages shad be permitted c~r~ly bet`,~~een the hours t3f 5;00 p,cn~ anal I.l :00 p.=r;, each day or the week. TiAese 'ticsurs si?all rW~t:i~7 ire effect for a~ }east the; tzexr aua~ per c!f the yea: at~d until Urals sales of iaod eZweed the brass sales of,~=lcal;olic beverages. S'.LSljs ;24:s~;.C'arounc.ConciiEanrs3 i 9, ?~etstiener(s} s~all not re~utre an admission e; ape ar a cover ch arge tc~ enter the restaura7t, n«r shall there- be a regt~ireraeni to puzcnase a rninirrtum nttznber cif dzir~l~s. ~s, additinn, r~-.sta.urar~t cust~rr!vrs shalt nt~t ~e c1lar~ed an ar~nissic~r: charge ~r cover cl~ar~e tc~ ente. tl~e rest cif [lie gremi ses . 2C). Business activities shall nrt have a regati.v~ i~n~act car. tl"~e ca~er•aiic~r~ oT r~ei~hF~a~~~g husir~esses. We have read all c~T the t.en;7s and. conditions o~.ttiiner~ ar?c~ve and agree f~ each a~ them. ~~Je. uztcierstand that f,aslttre tc~ cam~ly with the cr~rtt~xtittns rz~ay result in irnine~ia,te re~~ncutiar~ prc~ceedit~gs andlaa-denial taf issuance of Tulare l~ntcr _ his °sta~l.ishrnent.. ~~ i i f 4~ Dated: ~ ~ ~ ti~`~ F ~ rf ~ate.cl: ~~ ~ ~ ~ ~~~ . ~a} ae r .ar~nr R~~1js ~295~..Carciirc.Ccndiunsf -~ ~~PI~RAT~~,'S F;/I~?~li~T C~?~I~3I~"~C~?y'S 1}~: 2~5 ~. Caz'o4ine 5t., Suite A ~a:n. Berz#az~dincz, CA T'rze. )icefisee shall be respansil~ie for the pasti„~ afsigz~s pral:ihitirg liftex arrd )~iteri~zg at the exterior oFthe I?usiz.Yess and in adjacent pari<~irsg.area,s. The Licensee and its mar~agezr,ent shal.I be respansit7ie~ fear errfcsrcing thrs and maint~ning the area #'rec frtzrst litter and graif~iti. The exterior of the business a;~d adjacent paring areas shall Ile cleared crf litter at the close ©:~ ~.ach business da~f. Ar}r graffiii zraxked upt~zz the pr~rztises c~a- any adjac~:ne ar: a under the. ca:,trol a; the licensee shall be ~-erz~oved ~~ithin ~~8 Fours. ~'. T4~e parl{`ritg lot and exterior at the premises shall ~e ez~uippecl ~it~tt ligl-~fing at° sUT~i.cietzt pczzver to i.li~~zninate ana rrzal;e easily ClisCvi'I"IiL71C the appearance. and cor..d.uct of z)l parsnns on czr about. ehe parkin; Lot or businesses e~;.cerior areas, A.ddifional)y, the pasitic~n at such lighting shall nat dist~<rb the n.a~nal privacy and u.se Czi any neighl~czi-Iz~g z'esidences. I. public telEphat~es are installed on the pr~rrlises, they shall be installed inside the lnu$iness ana prUgraz~an•~ed ilrr outgoing calls oz'tly. ~. No alcc}Isolic bw~verages shall be con:surr~wd can arty prapez-ty atijaccnc to the Iicen:~vd premises ~rr~d~r the can.trol of the license. I~It~ alcr~halic ~evera.ges shall be ccrosu.rr•,ed a.lez~g thG. e~t~~-ic~r o~ the bLSiness, in at~y parking area, ~r an ary adjacez~f City Sfrc~t ar all~y~~ay. ~. NniS~ anal arnpli.~fiec? sound. shall zae~ kept to a minizxzuz~, Noise az~dJar aznpli~ied sa;~na shall NQT be audible to the extet~ior. cfthe business at any time. Noise and azrzpli~ied sc3u~td fraz~ the licezzsed business snail not ~e auciiblY from. u~rthizt any at,aclsed busi, ess. G. :!o theme or pa~orneztionai niffh.s in whicl`t the naajc~rity of Che music consisCs of hip-heap, techrfralf~sic7n a~' rap music are: at)nw~eci at ~tny time. 7, 1'ra,'~essionally printed suns ~~ich rnini.rnurn riimerzsican of 2Q" x ''~1" shall he pasted at the. entry may, pral~ibitizlg any person. from erterir~g tl~e premises with any ~ler~poz~s, gaz3g iaentificatian such as, buf riot limited ta, gazzgtattc~os, gang clot~~ing tar ;ang headgear, Such signs shall also prohibit the use of gang signs or ~az~g vva)lting. Security and staff s'nal] uniaz-ce cafnpliance wzch ti;is provi.si«t; at all times. icensee must. cazrzplyr with all City building, tire, coning and health reg.ulatians. ~;~SC~r, CILrSIa"1d, rr:al~e aVaiifil7l~ Ct) 'cll3`,r~}' Olrce 6'~1Cldl tti~ ClIfT'ei?t Ii"r+rAI.~,C and fi dQr~ USES c"3~ 1~?_S's i7axic,^1i~.hrc,u~1?SS~.C.a~aGne f;~acltioac-EJ~craSar's,Fcrmi~~ persons who are rn tl~e management ar operation of the Business. 10, No hussr~uss is to lre conducted an zhe pretr~zses after ~':OCt a.m, s ; . ~or~ ernpioyces are prohiirited from owing, i3~side the business after ?:00 a.m. l?- Security ~uar-ds shall oe t~nui.r~d at all ti.i~es. Sacurity guards snail be prese,:nt both inside the business, and in all parking areas that are utilized. by tl,e licensee. Security staff.irg shall. ire ~ztilizod ir: a rnar~r7er that provides one sect~sity ward per every lC;ti patrons insirie. tine business, and. a r,~inirr,~lm ai twc, security ~uarrls irc the pa~rlczng iir~as at anyy:irnc. Security g:tards wi.il he resnar,sibfe far ensuring. a safe and cc>rtdtzcive envirc~r~ment zrrside the business, nsaintaining door contrest to insure proper age reauirernents azsd to rl~aintwiF7 ap pzapri=tte patr<sn capacity, securit}~ az~aur~d restroon~s, to ensure safe entry and exit points, and to prop>id~, ser,tarity ir, Lhe. parSc.ing arena, 1 ~, ~.ppi.icant snail provide a cony csf t~vse canciitians tc~ ail sectzr~ty lsersannei and all security frersarrnel shall be #~~~=milaar• with the c~3nciiticsrrs contained har~in, :~. 'lRhe applicants' shall lie responsible for reimbtrrserr,:et~t costs (a the City a~ San, l3ornardiro for "Extraordinary" polic° servicis an thciz~ prc:zraises. E~tratsrcfanaT-y palsce services are thaw defined under SWr: Bernardino 1v~ut!ic,ipai Cede ~ia.8?.Olf3. 15. I.f alcoholic Weverag:es are served, the q~r~?~++eriy grt-oas sales of alct~l~ali.c b~:vWrag:°s small riot exceed tree gross sales of load during the same pee-iod. The. licensee shall. at all Limes 7~Yc~iilla1'tF reCpY"d5 ~IJi1iCi"~ reilC.Gt as"C'pcirs3t~l~ tIAE ~raS~ 5~1~5 C3~ fold c~IiCl th4 gxL}SS aal~.5 i3z aIc=:shc~iie t.~everages of tl,e ]icensed l~zrsiness, Said records snail 4ae kepi acs lass freeiuently1 than t;n a quarterly ?oasis ~~,d s;:all be:~sade availadle to the dcpartrne;i+. cn der;~ai~~ ~. 1~~, If aLcahalic k~everag~es are served, the sale a~ a~.ai~~lic oevez~ages f~csr ctsr~su*npticsn of~~ tl:e pre~~ses steal] brv prol~~ibitad. 17. No dollar drink ,sights ar any other drink prorraatir~n that would reduce t!-Fe pz~ce of arty alc:yl~aliu'beverage'~eloc~~ ~3.Of) ~,er' d~--arl~ are- alicsvaed r5r, Friday or Saturday everirrgs. t. ~i. If aleahelie leverages are served, sales, services, and cnnsu~nptior! ar al.cc~he~lic leverages shall ire permitted only bettueen the l~ou~-s of l I:~d a.rn.. urttii 1.:3t~ a.m. Uach day of t}:c wecK. Last tail for service of alcoilaiic leverages snail be al I:~t~ a.m. F~11 alccshal sha]1 be- rerr~aved (rarr. serving area at 1:30 a.m, T; the quantity grass saps of i"acsd do not exceed the ;luantiiy gross sales of aIcrahat, tltess the sales, service and cnnsurr~ption of aico'~,olic beverages shall. le perr"xitted csnly i-3etwcen the ~o~xs of 5:00 p.rr:. a.~sd I I:OQ p.rn- each da}, ct° Che week. These hours s}7all rornain ;r effect fen at least the next quarter af' floe year and ~rntil grass sales of fnfld ex~:ee:d the-dross sales of alcanoiic beverages. :~LS,js ;295r ~aro!':::c.Cor.6it;eF}tit 19, Pet.itioner(s) shall not require an d~IT1iSSiCln uh~¢e ar a eovez charge to enter the restaur~'~t: par shall there be s reeuirement to purchase a rrta~irx:um r}urner of dr-ini;s. In addatio~~, restauraa;t customers shah not lie charged a:~ adr~issi ~n char~~e cr cover chaz~c to eriter the rest. of the prer~isRfi. ?(~. business activities si7a11 not ha~~e a r~egativ,e i~pa.ct ar. ti-ie opezarian of nc~~ttharin~; i713S3T1efi6eS. We have read alp of~ the terrr~s and cc~ndit~iorrs outizr~e~ wave ar~c~ aorve tc~ each c}f the;x~. ~~~ under. stand C.h.at ~aii.ure t.a cam}~ijr with [he canciitions m~ y result i1~ in~rriediaie revoc~.ic~n P~roueedin.~s a~rdl~r deni~] of issuance oi' future ~a~tort°aiz~r~er-~#~_ ]?grits or OperatarPerm;ts fior t}~iis establishrrrenC. ~ _r -~ ~ ~~ ~~ - r3a~~:d~ ~ i ti~ ~ ~~icda~t Liavid ~herrY~d~ ~ ./~ f ~ ~~~ ~ nY ac'g re~~ern,.an ~ ~ ~~ (~ F~ C ~.aja ar-our h 7ti Sl~s [295~.~arr~Efne.Cordi?ions) ~ G~i~ES ~~' Al~/E~J~E'~!SIY;10'T CC)I~~TTi£~.?~S fie: 295 E. C.ar•aline S~, quite ~ ~a~ ~,ernardina, CA Tize liccnsep sizall ;~~.; responsible ; csr the pt7stirlg cif si. ~Yns prolraaiiinl; li.ttGr anti ?oiterir;g ~zt the. ext~ri~rofiheL~usirressandinadiacez-,fp~z•l~irraareas, Thelieenseean.ditsmanager:~enishaIl lre responsible for enfazcin~? tiers and rzaintarr~inn tine asea fz~ee frown iit"te; and Graffiti. 'i'h~ exterior of [he business and adjacent parlLi.z7g areas Khali i7e ciearr:d of 1ttter a: ti-Se dose car each ratrsiz~css day. Any grafiitx z~~rark~. upon the pze,rsrises or a; y adacezzt area u~zder• the contl-ol of tine licensee shall b~. r-emraved uTith.in 4-$ hours. z lie pa~:lcing 1rzC tzrzd extez~nr oi: the prerrzises s1za1l b~ eyuipperi with iig~tin~ of stztficierzt. per~ver t~ il]umin~rte and make easily` discerrrib;e the appeara~zce arrd ctanduci of aii persons err or abntre tk~c, parkinG ioi or brzsir~essus exiezior art~,as. ~daitaanaily, the ~c~sit;ir7n ~f such. ligl-atizlG shall not distrzrG fire normal pr~va~:y arzd use; of arty rreighb~ring resid~szce.s. If nu%Iie telct,hnrrc~s are instzzllecl nzt tl~c pr~z~zises, they shall be installed inside t}re husi:zfUss aid prrs;?•arrzrtzed fnz ozitgoir~G c~r1s only. 4, Na aleahtrli~ bevc;i"ages sl^xall be ccznsur~red an any prapeny arl~;scent to the licerssed premises under tine carztr'oi of the licensee. 1.~o alcahoIir. 1"ie~~ra.ges shall b~ consumed along; the cxt~ria; czf the busxn~ss, itz any parkzn.g area, ar an ~zny adJacent City SStr~~,t car aJeyvray, ~~~ i~ave read u.ll c~ tl-ke tei~~rs and condits~r~s autlir~r~d above arzd agree irs cactz czi there. Y~c understand Chat laiirzze to comply with tile. carzcliiions rna), r~s~zlt in irrz.z`nediat~; rev,7crrtic~n pr•oce~dirigs and~br Xenia! o,~ issuance of future ~'ntertainzrzent. Permits ~ ~}pez'4tar P~.t•zrzits for tlrs :°stal~lisl~xne:rt, Dated, ~ € ~ ~ y i ~ c ~ated~ ~ r ~ ~ ` ) ~ f ~ r , ~ ,1 Uateei; ~ ~ ~ i ~~ I j ~ .. 1 ~ `~ -~ ~?.~~fiFS ~t~:'OLli 12!, 5lj.s [Toxit Nlghcc?~CiwaiY_~.C~•al?rt.Ccr~ditions-Gurn:s,Ferm~<~ _ -~- TT RNE1' C7R PARYY WFTFiGCfT kT7CfRt FS"' it~a.^~e; .ita~ Tar numter, aRd gddrassj, ~Ja;7ies F. Fenrrtain, City Attorney, SB#91751 Dann Dimicl~ele, Deputy City Attorney, S13#-$4435 300 Nozth "D" Street San Bernardino, CA 92418 T~is~r~oNe~.o.:(4~9) 3$4-5355 ~AxNG {n~ro~on:(9Q9) 384-5238 E-FdklL AnoRE55 {Gpfronaq: AroRx~r rn~ r~~~xPiaizztiff, People of the State of Cali:fomia, etc. StiPP:RPC}R COURT t7F GAtli`ORNIA, COUP~TY OF SAN $ERI~A,RDINO s~rz~~ aDOr~ss:30"a ~. 3rd Street Mq~t.iN~ A©eR~ss: c~^rA~~i~~oo>=:SanBernardina,CA 92435 e~aNC~NA~eECeniral Pi=T1TloN~RtP~ a,iNTt~=i=:3'uop~e ofthe State of Calizornia, by and through 3arries . Penman,City Attorney of tlae City of S>3 R~si~o~iairrvTtoir>=~n~QariT:M,argaret Sherman, Ivfichael Sherman, Ra~ae Zarour dba The Hodson, CC1 Clui~ SB, Inc. et aI. PRCy4~ OF SiwRViCE f3Y F1R5T-CLA55 CViJ~ttr.---~1V1~ FOR COURT USE t+MLY P 05-03t3 ~'Y~i,~Y+v°t`4f L1F' ,.I~d ~F4~~i'il.3ll~i~ 5/kN E~Lf~h[AP.~l~to DE5Ti~6CT n~, CASE NV4AR'cR: C1VDS 917881 ............. ~i~a nrtE use his Proof aFSet'+.~ice to show service of a Summons and i,(irnplaint. 1. i am aver 18 nears of age and not a party to ttris action. I am a resident of ar smplnyed in the couniy where the mailing #onk place. 2. ~iy residence arbusiness adriress is; 3U0 Itiorth "D" Street, 6th ~'laor San ~3crnardino, CA 4.241.8 3. On (date):A>yrii IZ, 20f.0 l mailed from {clPy and ~a#e): 577 ~3ez"tJt2>Y"dlno, Califoxnla the fa{lowing dacumenfs (spenify): ORDER GRANTING 1'REI~IMII~AR~Y IN)U1vCT10N l._~_. TY1e documents ere listed in the f~ttacitmenf cu Froof a;' Serv`iae by First-Class f~Aif--Civil {L?acumenfs Served) (form pOS-C30(D)}. 4, !served the documents by endasing them in an envelope and (cnscl: nrr~): a. ~"j depositing the sealed envelope with the United States F'os~! Service with tree pcsiage fully prepaid. b. Q placing ttte envelope for collection and mailing following our ordinary lousiness practices. E am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed far collection and mailing, €t is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope wit#~ postage fu11y prepaid, 5. The envelope was addressed and mailed as follows: ~. Aiame of person served:R. Bruce E~~ans, I~sq. and Roger Jon Diamond, Esq. tr. Address of parson served: Solomon, Bailsman & Jamieson 213.5 Main Streef 426 Culver Blvd. Santa Monica, CA 90405 Los Angelus, CA 90293 (Attnrn:.y for IVlargaret Sherman, Mi.cl~ael Shemran (Attc~rn~rs for CCI Club SB L1,C) Rajae Zarour dba The Hudson Thuaturj ~] The Hama and ar3dreas of each person to wham i mailed ~e dacumen~ is listed in the A(fachment to Proafof Service by r-first-Class Mai!-Crvi1 (Persons Served} (PCB-C3C?(F);. l dQCiare under penalty of perjury under the laws of the State of Caiiforrtia that the foregoing ~e and correct ~ { [late: April 1. Z, 201, Q ; ~ ~~ ,,. ,^~ , r~ ~ ~ (3'yYw Dfi i'R<hYf NAME 6° FEit50N COMPLE3"tNG TH15 CORM) i (BIGNAT{'1RE P+= PERFf.7>•1 C . LANG ~ kilS r0~4An} ~-arm AOp[ovatl lnr ppbanaf USa Ftii''ydQ~ ~i~ SEF;~ljCE ~Y ~{~..ST^~`~A~CJ AlE---~-~~v~!- Catle of GivilProcedure,§6505x, 3C.'?.a Judicial Council a` CaCn`omix ivww.caurpnfc.~.unv FC~S-fl30jNewJxnuxry+,z~6i (Proof of Servi~x:~ American LegalNei, inc. u~:l7sCnurtForms_corn E~IIIT Z 3 2 3 4 5 6 7 ~0 ~ ~. 12 ~3 ~~ 1, F ~7 18 19 20 21 22 23 2~ 25 ~~ ~UPEE~IC~Ft CUR`?' OL' a.HE', ~`T'AT~ C~ CF1~~IF~RNIA COUN'~Y JF SA?~~ B~'RNAR~~?~0 - ,SAN S~~RRA~ZD~'NO ~IVIS_ON ~~T~AF.'~'NfENT 5-32 i30N. 3~1N~T M. ~A1~IC~S~, JU7G~ TI~E~ F~'O~LE O?, '~.'riF c'-P..`I'F' OE' CAI:. ORl~ ZA, ~'1~~.i~~iff, T~~. c~~~ lvc. clv~sa:~~~~~. T~~f~r:ciar~~. ~,~~C9~'~I~' 'T'~SC:~~~''I" Q~ OIL ~~.C7CEEDIN~S mGES~AYp '~7AT-~C;s' 30, X0.0 j ~ ;}R `I'H~ i?T~AIN'~ Z E'r` JvLr~NA ~ . GRI UER a r7 ~' 1~01~'N A. ~T[~TCHE~E I~~pu~.y C;iwy A~tcrnFys r'Un 'O'NE D~~'~Ni~AN f CCT C1.ub 5~3, :~,iaC: E'OR ~~`i~, ~E~E~~I1~AN'T SHE,3~MAN & ~AhJL7F„ R. ~3RLCE E~iAN~ A~.Ucr?~P.~r a~ La,nr 'C~G~~R JON'.~~T.A~~~OND A~~crn~y aE ~~aw C~G~?~I REPORTED ~Y: CYN~'H~A GARCI.A ofl=ic~al R~~oxt~r C:S~ Nc. I2152 i 2 5 7 €~ 9 ~~ ~~ i2 ,~ ~~ -~4 1.a "> 6 y -~ 8 l~ 20 2~ 22 23 Lj 25 25 S1~N BERNARDINQ, CAL~IFORN:~A; ~'~7ESDAY, 1~]ARCH 3G, 210 AM SES~ZON DE~l1R~M:~NT 5-32 HCN_ J~~NE`t' M. FiZANG~E, ~7UC}G1~ A P 1/ EA1~AIv CE S : Appear~.:~g for the ~eopie of the State of vat ~_i.c~rni a, JO~,~NA E. GRZL3EFt and Ll4NN ~. T~IY~I~C&i~~;~`, Deputy ~"ity Attorneys; Appearing far Lhe D~.fendaz'Ft CCl C1L:o SB, L,~C, R. 1~RL3CE ~~TAIrZS, Attorney at haw; Appe~r:ir~g fOr ~1?P L%efe27ClantS .~f?E'r??1~I3 & ~arv~x.r, ROGER ~©N 33~AMf,~P3L), Attorney a.t «aw. {Cynthia R. G~roi~., O~fia~al Reporter, CSR. Na. x.2152) --~-aUn-- T ~E CU'<JEr~~': the ~'eopie versus Sher~r~ar, et a1 . , Number 9. MR. ~~'Ct~SC1~E'I,~,: Good morriirg, you; i-]onar. Dor°~n Dim~icheie for tl,~e people. 1~R. E'CTANS: Goad mcrni~~g, your i-ianor. truce Evans appear_.ii~g for_ the Defe~~dant CGI, the property owner. UR. C~~a?MJND: Good morning, ya~r :donor. Roger Dia~~ond appearing for the three :i~nr.~ividuai defendants, Margaret Sherman, who is seatPa to my :eft here at counsel table. Also present are Michael Sherman and Rajae, 1 2 4 5 6 7 8 9 10 1~ 12 13 14 ~- ~.W ~~ I `7 18 1~ 2C 2~ ?~ 2~ ?_4 25 26 k~a-j-a-e, Zarcur, that's Z-a-r-o--u-r. Ana also present are a number a~ employees from. tr3e Huasen 'heater, ir~cl.uding the security, head of secur~~ty, the so~ar_d persor7, ~.~aa the custodian, ~eac~ c~_ear7-u~: ~~erson. They a.r..e a.],1 here to te~tzfy ; ~ necessar_y. ~'~-~E C;QtJRT. All right . FveYybQdy could be ,seated. ~lS. s12~JER: Gooc'~ rr~orning, your ~-lonor. Jr~lena Crider on bc'r~.a_~f o` i:he People as we1.? . Fi.k~ C.O,i~`.%` : i `'nt sorry, what's yc~ux' last rzar~~e': '~. ~~~2I~EFZ: Griller, ~-r-.--d_e-r•. ~-r~ C"O~~T: Thank you. Fveryb©dy could ~~~ve a seat . Everybody have a seat . Tt makes rye nervc~as wi~~en you `xe sta.r~c'wng Ali Fight. Th; s ~s a m.~ti~an :~or_ a prey i17i1 i~~Ly ~.ia j ~Y':w t? Cn SOY i:}1~ ~b at.ri!:eZlt Q~ p:~"}~lj r riui 5ar?C,~ aa,ai nst the Hudson Club or ~?udson `'heater -- rig?-.t , .i.s that what it's called, or the I~udson Club? You don`t ~'~ave tc stand. Ilk. ~IAM~)~1 'she N~~dscn -- Hudson -- we11, it`s a little confusing because in the tttova.ng papers, the city attor:,ey asSF'rtS C`1~'~ triE'?"c~~ c~Ctt1c311y two t~fC~ters. the Got;~s.m ':heater, w;~~ich is can t2:e ncrtn. A.ad the riudson. Theater, ~rJhaic~ zs tc the south. f~ur_ ur`,derstan~;~ing i.s that the City zs pr'~marily e:oncentrGtir~g on the Hudson Theater to tr:e sout~ grid riot the Got:nam r~l~~eater on tine northern ¢nd. Although, it is unciea~• 7 2 3 9 5 F~ 7 8 9 1V Il 12 ~3 ~~ .L S 1~ i~ 18 7g 20 2i 22 23 2~ 25 25 this faczlity and Th#h~at appears to k~e, cn tine face of it, and rea.a_.y s not -- hasn't ~ea;n r~=a1 .y refuted. by etiridencP of t'rse fact teat, yc:~u know, tide sec°urity seems lax. 'T`he Kids --- kids seam to be mincs7.irlg -- minors seem to ~e mir~glirg ~,~i.tia adults. There seems to b~ so cot?trcl aver who's comi.ncv anc+ geir~g or what's ccm~ing in to the place ar~.d ~JJeing traf~icked. So, urn, you know, and the -- T al.rrfost get the sense t;:,at u~s_ ~-~erm.ar; ~:h inks that. peep'e are ~_a~°assa_ng hey' and persecuting 'r,e~' when there ~~e cl~:a.r 7_y arres~„s ~P.'~~zg made o~F peoples traf?~~~_cking. And Z appreciate that dr;~gs are gaa_ng to be irevalved at concerts arld whatevex' and you can. on.iy limit ~whez~ a certaiYr am~aur~t . I understand that . But E.i.e -'°-' yC~L: KrlCliv/ S13G:S paid iiI"teS. izicreta YJ~Cii f~.neS pal`",. 'L'C1~'rF3' S~'ec?r1 V LC.Lat1C;275. 1.ookPd at_ the fyours that show that concerts, Or :~aVGS, Gil" '.3art7.eS, dr aCt? V'_t1~.~r or W~2c?.t~VC?r, eVe;:~.S, ga on until fa~~r, ~'zve anal six o'c:Sock, when. dearly the defendants knew -- and Z'm not ta'~king a~aut the owner at th~.s point -- 'cnew that they could only ga un'4w1 ttaa o'clock. And they have bPei: cited tar that. AI_d then ;use tc zgnore it or not do something, T fend i4 -- ~'m vary *rot~~leci by that. Okay. ors the other r?arrd, T'm a:.Lso trcu~l_ed by t:h~ ac.t of -- just wi_thou~~ a hearing and without getting ill to the ~reraci_ty of .some of uhe decd, arations, j~;sfi clos :.rig do~~n the business at this 5 1 2 3 5 7 8 9 "~. u 11 ~. 2 i3 .... 14 ~5 16 17 l~ ~9 20 21 2.2 23 2~ 2~ 2E point . ivot t:~>at tr'at wculdn' t comp wi t~ a chart fuse, but at this paint, w~~at I need a.s more ~.nformation . T-~nd :na~~La ?.r T could tel i you --~- so what -- a:^.d cLvious~y, ~ canr7at hear t'~`~e aas~ today. I`rtt in trial. And haven't carved out. ar:y 'rime, and ~' fad to tyke this pap~:r~nrark harr~e to read i.t be°oau~e % cauld.r,'t read it during my --- you know, there's sa many fib ings and T cot~.ldr~' t get to it, so r gm nc;t really ~~repared today to sit do~~~n with you and hale a hrarir,g or gc through w~a~;. ~ t is, you kncrr, a fact ii n.ding evidenta.axy ~~aring. Althaugl~, ~ t.hink before T would close anything, ~ would requ?rc one, just. as a rr~atter of due process in my view. Eut this ? s t_he kz.r1CY o~ ir~~ormation T need still. .r. need to kz.aw ~r.har exact:! y this -- ~~hat exactly t`rEe business :i.s? ir1 oat wa`~'° talking aLout in tears of physical p~..ant, ~~ecause tr~ere have Leon schem~atzcs ir. the ~,apcrwork, but i Can't tell ii the City is pursuing everythingr or is it just ono theater, or• i s t tze wrio.e property, or -- or wl~:at -- :i a,an't fi-pure shat o~:~t. So 1 need '~c know that. don"t -really enders*~and -- I darz`t have a good ~.rndcr standing of w:r:at kind of everts ga an there except by really the brochures. ~ xrxow there arc rave parties, and 1 ~~er_tainly know what. those are. Therers some mention of edUC~~:~ Or:c~~ r at'~ ~i.1 t~~S, nOt.i? r1C~ sp(~G1f:S~C`, '~`?'iE're' S Ween-3(~e nig't, or +~rh.atever that is. I don't ~,~ndersta.nd vrhati g:~es an. 1 2 3 4 5 _~ 8 ~ C~ 11_ ., ~~ i~ 1~ 1S ~6 17 :~ 8 ~_ ~, L 2 ~. 22 23 ~4 25 2~ T dc~nr.~ understand. how people ~•o?re .in to the p;.av°e and ~. ~ they're checked and how they' re checked. And if t2~ere's distinguish~.ng -- if you distinguish events between a' ~. ~~inors versus m~~_nors anal adults. And if they both co~~.P in and. when the minors have to leave and if `here is ar~y protocol for that. T don`t know anything and. T. don't nave a ~J,ear t~~_~ture~ of t?~~at. 1 kr7oba t~'~a^~ tk~ere have been some -- in the late f~lod papers, or t~,e ~~applementc-~l papera, i know ti:ah t:~ENe I?ct5 '~@~I1 ,~OIi1e r~1.SCu5sronS ~i"1 d i~f~re~lTl<~I°I'L~ f~EtW~'~'I: E.le OWi~~.'Z, C:CI C1u`o, arxci the tenants aboj.zt imp'~ement;.~ng some conditions. i wou]~d like to kn©w ~nvro nfor~ation about,. that. T vreuld like to sec the lease bet~reen CCU ar_d the tenant. At this point, T don't. 'nave -- T don't have a good ~a.sis in my view of nTar~tinr~ a p:~eli-t?i..rr.ary .arx~~~ncticar~ ag~~inst the otiar~er, even zf T wcro to grant a prey iminary inLiIzCt 0I1. And '.T. `d. also like t~ '.snow what t~.e i ayout is between the ne:.Lghbcrs, the reszc~ents and uho faci~.? ty. 1 ~- T know those was mc~ntiar ,~t on~~ paarty wnn 'i i~res a quar~er of a mi"Y:.e away, b~y~: is tciat like a house -- T have no idea urhere LhP p7_ace a s, nkaye T'n not fror<~ here, sc~ ~ don't ]snow. T don`t rave any sense of wY?at it '_ooks -yike ox~ where it is . T kr7ow that might sound silly to yo~_z., but that's the truth. And s,s -T +nrOU~,~CI ~.i.~G' tC ~Ilotar WI?.~'Ye L'I]e r10iuSeS a"e ctnCY Wr1erC t~':e 7 1 2 3 rs 5 7 8 g ~.. Q I~ ~~ l~ 14 ~. 5 15 l7 Ig ,g 20 21 ~2 G~ 24 2 :~ L~ ne.i.e~hborkrood is ~~~°rd where thc~:se other Y~usinesses are in -- physically ; n relat~~.on to where the clr;b 9_s. Arid then. ~ would alsr. like to know what the capacity o~~ these different facilit_es are. ti+lhen you ~~~~.~_ tickets, do you sel'_ It"iGa e tickets than you should, cr than the capacity is? I~ow do you cant rGl the capacity? Arid then -- if ~ knew ail o~ that, them naybe ~ could fzame, unless ch~.~ -- a~? the pai:ties ovoid agree, i~ .i were to issue a prelim7_rsa-y injunction -- or I really intend to iSSlle S;JTTIB k~_?'1C.~ Df prE?1iTCiiTlclr~T injunction 1~°Cc11TSe Lhere ` 5 Z?O dispute tk';at C)I7G'' ~ S a~J'Jr01JS' ~ atu~, ]. t ~ S ~USi: ~;,he parG.r~tE?ter5 C~ lt. but ~ aTn having a pct of trauhie rratni r',g sotr:ething ~vha.f~ is fair and reasc~riable ir, the G~sence of a i~~earinq tc ~--- to ak~:~~:e ghat ~ ~k~ink is a _?u~~e drai:~, at least cr. the face of thy. pleadings t3iat '" have so far cf anmmur,.,t.y resources tc -- to, _E~n m,y view, supplant the security fer a private establzsh~~en~. :C~ ot~.~er words, it seems to sTie that the Czty is bas~.ca.7~ly providing securi~y at a huge cost tc the community for tty~is pr_~tTate establishment. An.a I just don't think that's fair. Aside from being a potential nuisance and ail of tha", u~.it I am rea_.ly concerned about closing a lousiness. But ~`~ also really concerned abos.~t hiving these goings G?'? at this p~i.ace ar~d ------ you kracw, it's -- espec? a lly w~ th ~E.~_nOY'S. ~~ " S ] L1S ~. a great C:Or1C2rS1. 1 3 q 5 8 a ~. J l1 12 13 .~L rJ L C' l~ ~.. 8 ~~ 20 2l ~2 i3 24 25 ~~ Sea if anybody wants to be heard, i"f there's been any Ynorc r~avt.rc:~nt bet=saeer~ the parties, car dmang t~~e parties, or do yc~u have sur~g:~srions cn hOw to farther proceed. But at this particular pc~ir~t today, 1'mE riot ready to take any evidence. Before ~: ~hlau~"d. clos° down -- end T'm riot sa.yi_n.g :r WCi3~dY1F~ C!~t1Si~iEr C~.OS~.31C~ da~r~-., b13t ~ wOU]_C1 neeC~ a3"1 evident;.iary hear~_r~a. Bat ~ would prefer to da something short of t~-~at cait':~ ~ ve~•y shar.i: return dater but so_netY?ing very a'wrict and very rigid, just because ~'m real'y concerned t~aat -~- ti2aL, you ~nowr this is just tree defendant 5ay.~~-~g, yes, we Pry, rea.].i.y concerned and we`re c~a~.rg to i:ake rr~at~~ers in to oz.~.r owr~ hands. ?YlC?c~Ylg iOr IClG' 1t.'S Q~~ei"'i~iVe t0 sdyr 41e~~'e r~,yreec~~?le tC: ~Z~]_ _.,junW~.~dn ~C u~'lde b`yr tre _a41. ~?eel, you shaalC~ gave been do~n:~ that, yo'a don't need an in"]unc'~a_cn tO abide by the j_aw" Yo,~ shou~.d bP dai ng teat a~'lywav. And when you ae~: a citat':ar~ ar~d you get multiple o~_tationsr you Nxxa:ald know that scamethinq s am~_ss aad you reed to fix :h:.ngs. end just tar In my view, rt a.p~ears to r;ie that ,_t's just. :aeon -- i.t's been on deaf ears to the ter~an.t. ~-lrld t~.a:., you know, because, oh, we 11, yau' re losine~ -- I `rn gcir?g ±:o_ese money, or if y©u close me dewn, ~"'m not gcaing to be able to earn a lio~ng. Weil, yala knawr that's just part oaf trr~ issues. T~~a daesn't mean ya~.~ car tram:p~ e ever". 'the ccr;iznunity and neighbors and everything e7_se. 5o th.ose are my Concerns prima facie. 1 So let's start vaith you Mr. Girni chele and yctz can 2 ta:l.,~, to me . 3 Mz~. ~iM~:,H~`~~: T~-iank you, your S~onor. Same of 4 the ~n~orr~ation that Court i.s asking nor is ;n the papers. 5 the capacity of tr,e theater_ ~.s about 35(3U people. :!':Hat's in 6 the ~a~ers, L' in the d~clara~uion o~ Assistant C~~iei of 7 ~ ~~ol? ce Ma~:'k Carc:~a, that was ~il~d a.ritially with? the k 8 j prel i.nlinary rE junc-L:~c,ri :r~ot'E.on an ~anuax•y 29tk~. 9 ~L'HE CUURT: A11. righ#:. met me go back. ~r~hat are ~.0 I you acttkally seeki:~g an injurctic~r against % dust the thing F ?1 ~ caned -- the entity ca~~led -- or the iacil;ty called the 22 ~iuclsur? ~.3 ~~. i~:~.t~%C~~~f.~,: `The injfancticr~ is against the ,~ dei~:ndants. ~'rze de~erkc~ar~ts a~°p the awi~er of the property 1`: anct t:He three operators : t tr~G property. r i. ~ ~ `~'~~~ i_C3tiR.'T ~ I ~SI~.gSn7 t~'lctt . ~~jv° ! S ~:;I7r?re. iT0'_"C--' tfic72-1 I"] ~ one? Because ~ saw a_n the broch~.ires 10, O()0 people can be 1E3 ~ accorr~modated or ~, UUO people. 19 ~~. ~:?:N1:IC'?~~a~.,~': `That's not right, your Honor. 2U ir?ey over-ad~er~~.se the~r' capacity. I i 21 F1-~~ CO~;R'T: Oh, ~ see. Sc tine nort?~ ur.~t ~--~ i 22 E t~nere`s t;ao u::"~~.s. ~~e north u.nrt rs 1,30D and the soutH f 23 ~ un~.t is about 22U0? 1 29 ~ n•~h. I~IMTCH~~~E: More or less, yes. f 25 ~ 'T'H.~ COU~2T: Okay. Oo nn. 26 E M~. D~~~iTCI-~E~~': A_I rig~-~t. Sa that`s zn tine 1~ 1 2 3 4 5 6 7 8 g 10 11 12 13 p2per.o ~s mar a4 address. the Court st;r_ect :is. I: cau~d l ~~_ke that given tl~e really even a mayor al~ere the neighbors ar_e, they gave thei r could take udicial native at ~~rhere that came in with an aer~_a1. photo, something tirrte, biat T don't know teat that' s -issue. _ ~ ~. 1j 7.6 l~ 1 ~3 19 20 21 ~2 2~ ~4 2~ 2~ ~hn rzaish problerc~ just by i~::self probably wa~.~1 dry' 1. even k~~e eno~arxh to provoke this lawsuit . Tt' s the drugs. Tt`s the curfew violations. F:nd it's the cost of servicing the s p].acc~ when yc~u have a near rS_ot an March 5th, wh~ch a_s aa~t~r the p.r_Pi~n7nar~r ir~jun.ct.c:~n is already pend_r~g. And she deterdant sno~ald be on the~.r best ~;ehavior. ~Q to ~5 police o~=icers have to come cut. Tne s~i.Pr 7.a~ 2'' S ~'1~'IiGC?~7t~r has tO CC~IIi~' OtZt . ?~CJ~1.;-'f' Ca .Li 5 cC2 S ri~~xVC? to be pulled oil three shi; ts. `T'hey wave to be pulled o~~t at a LUI cYleUkpair~t to take care o~ t~'a~s problem. ,his ;aroblem s~.arteci a long tirr!e ago. Tt st,acted rya ear:l..i.er -- no ,later than February and larch o~ ~O~g. end we started se~d~.ng --_ when wn noticed what w€~ were spending to police tni^ place, we started ser~dir~g re;guGSt tl-?at trey reimburse us tar t:~~e cast of sending the ~;oli.ca depaitre,ent down there and h av~..na people work overtime to do it. Vie c,et back a ~.ett.er on F:pci1 9 tram Nr. ~iarrEo,ld to the police r~!a_et saying, tx ey're not going to pay. end he says, pleaso, do sr~met.,hing about the high murder rate in Sar. Bernardir~a and stop harassing small rusinesses, wl~tn are generatin-g i~^cort~: ~ xom wh~.Ch taxeh are dQri.ved ar~d police ~~ 1 2 3 5 6 7 9 ~~ .~ i 1. ~2 13 ~9 15 nn 17 1~ ~,a 20 21 ~2 23 7_4 25 26 pensions genevated. 'hat`s ~'rei~` attitude. Just low it off . A couple; days a:~ter the i~a.rt;h 5 evert, this year, w~:.e3~e the near r~_o'~ aimest. occurred, we ~a_~ ed declar_atior.s of ~,ieutenar_t Glen `vtiatcrs, TH.~, COUNT: ~ read it. C~k. ~~~~.~GHF~H : ~~his is w~~at we get lack -- LH~ Cfl~'RT: And the r.~eteT~dant says that, you 'snow, y~.~u' re ?~arass~.nq her and yc~a did t;7at. on purpose ~-_ tine poliWe clid ltn~~1~, an purl{?-ose so t~:ayt, :hey coy? d iao;~ L'e~~~r l}-oda y7, 'ATE: ~.ch ~i ~.~J r't' L ire ~,~~~e ~lta} . M~. f~S~ICH~L~: Xou read fir. ~i.arnana's mind. ~e sends a ? etter to LieL~tenant ~T~1aL~r.s and Deputy ~;hi e* E'reitas (phonetic; saying, k:~ci~ng paranoid and susr~icious a~~ cfiivial governmental. activityr I believe and da believe this was a ~~?~ ~~~ bV SO???CbOd~I _I~ ~~1F? ~i t.y. ~'~ :;c3r1i'1C) be ~ coincidence t~,at when zt wa,s tao late to respond tc your declaration, the a~ty atto?Tney su.bmi.tted your dec~a~a~:,ions to try to u.niluer~ce tine judge into gra~~ting a ;preliminary i.n~unctiora t.o c~.ose 'Mh.e Hudson 'S~~eater prior to a trial. `v~1e11, ts~ey don't get it. '~'~~ey dan`t take it seriously. Arid tley're not going ~:o tame it seriously until somcbady does something. And we`ve done all we can do. And. if roux Honor isii ~ t go~~ng to do it, it ` s gair~g tc be business as ~asua7~. ,Arid if Your Honor isn't comfortable closing them dawn they've a1_rea:~y agreed that they shauid ~~ 1 4 5 E 7 8 ~3 1~ l~ 12 13 19 i~ ~6 17 18 7~ 20 21 22 23 29 ?5 2 C~ ne operating under ccndi.tians ar3d the owner`s counsc-L has submitted a ~rc~pcsFd order containing some conditions. 1ar,d the Court sh;~~a?d at Least sign teat because t%er;~f whey via~ate t:'-~at, the Court w~~_i k.r,.ow tha'~ They're ~~ot in good fait~~ and it wc~rz~}''~ be necessary to have a fuli blown evide~.tia.ry Yz~;aring- ~'i-ITI a~~i~~i~~:: ~;e~.l, T.'m definitely intend~_ng c~r~. -- on ent~.ring something today or tomorrow or pendincx -- meun., depend. ~~ ng upon how ~~ Nova t~la ~c~: rt i5 going to further proceed. gut i ju~~t dcn`~ ~eei cam;~ortabae cicsirxg a busznes on declarat,_az:s. I think ~-~ ~ think they`re entitled to sar:~.e type of Yaear_a.ng. T just -- T don't fee], coz~lfcrtable doing that. 33ut T do agree that there zs something tY~at needs t.a be done ber:ausP t.~e drain can the CC31Ti1`1Uri? i.y i01 QT1~ bus ~nesS r ~~ ~ .~ ] USt T~Ct r~grlt . ?~R. ~?TN~FC'H~.~E: `?`hen ~].ase ~hGm down un~t.i]_ ~~ hcy come Sap with. a secu.r_ty p)..ar3 t.~~en something zrEor_e than sayW.n.g, we' re going to te1.:~.. our secarity to ~e ready :proactive. 'i`i~~ GO~R`I` : Yeah . ~o , tha~~ ` s ~k_nsuf f i cien'~ as well . ~,Pt nee ?yea r f raze c„va~znsel -- ~i.~. EVAI~S : Good. morni~;g, your Donor. THE CO'~~`I'; --~- for the property cvaner. Mrs. E~rAI~S: truce Evans for the property owner. i guess =~t's f~_tting that ~'m between these two. Ti.'s r7ot where we wart to '~e. r~"he property owner fee~.s ~.3 1 3 4 5 i 8 R ~. a 1 ~. I2 l3 i.9 J. ~ ~6 ~. 7 1& i~ 2 f7 ~i 22 2~ ~a 25 2 ~a that, yes, ~orneth.ing needs to be done. ~ have had numerous conversatic3ns w.i_th the city attorney. So ~aased on our review of the police reporvs, whiC~"i he sent us informally, we tried to con~,e up with a list of co~aditicns, that if ~alloFf~ed, sho~.,~.ld address the concerns of t~~e City. T'h.at could be t.h~ s~crt fuse that you're ta?_king z~~out. If she --- if the tenants viola+.~.e the tears of that preliminary i,:~junr;tion tY,..at wn filed, the city attorney woLild have adca;_tonal remedies, the prcpcrty owner would i~a.ve additional z~erredies, the Court wC~~ld haves addit Tonal remc--dies. We t`r_.i~nk tY'iat i5 the short fuse. ~~7e` re also v~:ry concerned that any is?j ~:nctive relief ac: this stage should not go againCt the property owner. And so it was our best r~n.d gGCd faith of ~ortS tC7 CCITIe Lip W1tfi trieSe iJClidit.i.Grfs. T did have a s~ib,sec~uent coY~ver sat.~on with Mx' ~ '~,i m'. r?p,! e . ihc~rc~ wore a acupi~e of otf:er ti.~.ngs tY:at. ne ir.entioned, which the tenants al;co said they were agreeab? 2 LO. .~^~? WdS avP.1e not=Ce for Certcl`]Xi E-'VC'.n~S than W~~e anti~,~_pat~d to ~~ over a 9~_ven cumber of patrons, and ~ can `t remember the ether one rr~enti tined. B~.t we`ve tried to work with t?~e City. ~e are concerned and tare've tried to work with our tenants. 6~e think they have a right to defend themselves, we don't want tc get in the way «-:~ that. But we thought that tl~'~is was a goad soliltiaY; to add.7.~ess ts`~e concerns of the C,ty. P.nd hopefully allow o~~r tena~~t to be .n c^mpliance. 1~ i f m_3i~ CC?UR'T : Do you hive -- do they have a writ} ~~ ..? ~~'A~\. I:..i V7.'1 k.U~: V.yll~r~ .~~ c~ Y•~r~ti.e:7 ~eC~.~~r yC~.~. 'r~;F~ C:OU~`~': end carp you. s~abrrlit that to tie Court? 5 ~ ~~~. ~VA1vS: ~ -- ~ -- C'7 ' mi,l~ CV~I 1,1. ~S 1. 3~ie re Carl 1SSUe tl~i ~h tflC~it t!~.~. ",~IF3iVS: ~. d~n' `: c~C]tiC? ~%~~".~ c~lzy i5~SUE:S _ .! ~ ~ would have to t alk to the clients about t. i don't 'Lave a 9 copy today, you knew, o~ the ease. My recal?~ctior~ is it's 1J ~~ { a ~a'.r~y St c~ida Y'CY •:: GP.~ "CLe7C7.~_L ~.er7Se. l1~ IH~' CQUI~T; J~Y~ich probably has conditit~ns in 3 2 1 ~°~l~eYe a.bc~zzt nt~i sar~ces ar~d abey~! r~q a~ i ~.a~rs ~z2d t?~af. tyke cT . ? 3 ~ t_Lin.c~'. rs ~ ~ a erg -- a mixed-term lease or do you know? .1.~ L~~. ~~]~~~i: i'U r'E:CO~._G~C;tlUr1 :5 ~=i~a~ iL LJdS c~. 1~ ~, iE fixed-teem ar~d t.~~a~t i t Srr~:s renewed. I ~.~ '~:~.~ COJ:=~.T: Do you ~~.ave ar~y a~~ii_arian ~~~ `h t'ri~~s ~! ` I [.ul~.a OrC?? a :~iSSe~S iUiar'> aE7erClent? ~.~ ! N1R. .~V~:IVS. I d0_'~ k?10W whC that iS, yGUr [IQ,~iQr. ly I L~?..L-~O~n1? ASSe~S. l 2(a ~ i ?'HE C:C~vr't7.': ?n one of the dec~arat~arlu az ~ tl.e 21 ' ••^i~_,y, trey said they had ta:~l:ed to son~ebady at Cali~ornia 2~ ~ assets Mal~agemer~t . 2~ ~ r ~?~. ~~.T~ti^TCI~~~: T,~at was a declaration of N;~Pd 29 ~ raridian, he's the pr asiden~ o~ Everest College. 2 5 `' ':~~~W CC)C~ :'I' . Yap . 1 _ ~~ ~!~i{. Di~l~C, ~~~: 'i~r 171 Cif i5 ~..OCa ted riC~~it nGXt tQ 15 3 4 5 6 7 8 3 :~. ~ 11 12 13 1~ i5 ., ~ 17 ~~ 19 20 2~ 22 23 2~ 25 26 the ~~udscn Theater, a pert ar .' .~ ~_s. And he ,says he many times ca.l~ed t~~~ property management campy ny, Caii iornia A~~:a~ts ~anageme~~t . if3~ Cd[3RT: And w;~o is tx~at actuali y? Gf tl^~e who~.e -- '~"."rI ~ C~J~'I' : Who -_ ~~~. ~ ~.Mz~~E~ E: ~p~. E~rar=s to"! d rye yestcr:~ay c~r~ tn~ 'none, 7 ~ ~'m not m.~.staken, that that is the property manager ~cr ti~a.t bui~.di:-~g. ~iR. ~.,~iAi~S: 7 don`t know. i did ta? k to a p.ropcr~y ma:iac~er. ~ da~:'t know if a.t's t.~a~ company or a ai~~erent company o?~f the tap of ~r~y head. TF~~ CGU,K"~: ir~e~.i, ~.s it trrc property manager or the building; ya;zr c~~~3ii. aU~~r~4 M~;. ,~VAN,S : ~ den' ~~~ know . `i~~ CO~~~T: Or is it for Everest Col~_ege? ~~P . E~~A~ ~ : .i. c.~o:r `t krrc~w i~ it's t?~e same property manacserr~ent Firm, THE` ;~OtiR c : does your ci ient have a pr•ol~erty management f i7°m? ~.~. EVAI~IS: ~hev do. i~HF~'~ COU??'~: And what do they do? M~. EVr'~N: '~ei~, as we said in our gapers, your Hor}or_, S_t's ---- yo=.~ i~now, as ~ understand it, these eventu ha~apen ?ate at n-g'~t, renera:LWy, when t~~e property ~~ ~ E ................ ~ mGnagE~ent firm is not a~ s~~~te. The past his*~cry a_s that 2 ~xae evet~4s have 3 begin scm.pwhat sporada.c. ~~ And we ~~~st did?~'t -- the owner did G;ct have any 4 notice of trese issues ui.t.il a laslsui.t ~,tas served. 5 rr':~i1 CGUR`.r': A~.~ right. tn~eil, yor nave notice h naw. f ~R. I EVANC: Certain~y, we cao. And tY~at's why 8 we`ve taken the se steps, ;raur honor. 9 ~~. C~UftT : A"~ l right . how, yoL~ sa i.d you ~C ~` i submitted -- o.r_ cot.:nsel, ~Ir. %imiche:Le, said. you sus~mitted ~ 1 ' an order. I sa. w the coedit ions . Did you sub?nit sor~.eth i ng 12 ~ e1.se tcdal~`? 1~ ~~, N~~. D~~~C~~~hL~: Ivo, ya~r Mortar. ~?~~_~4h o;~..r_ ? ~ ~ arigiraai papers we submitt.ad ar-~ ~.nju~~ctio~L, wh i c~~ has a ~~ ~. :zum~e~r of terrr~s to pit. ;~cn~ of wi~.i ch tLe Court' s indicated ~~~ ~: It wo°~1~C~ be CC3aT !: lfd:.~a.bi~ ar:~~iti;ig cOday and SGrrte W'I11L'Il iL 1 / i wo°a.~d not. i9 ~~. EVA~~~;: A~~d .~ ha~re an extra copy of ~h.e 2~} i ~ praposec crder that we submitted, your ilcnar. 21 `~H CCt)R'~'~ ~n'ell, where woL~Id ~ find -- T thi~zk ~2 t:at was ire yot.r paperwork. G~'as it in your paperwcr~'? 23 ~ 5~~~. ~ i.~:C~SCHE?~~: ~ar:uary 2~, your I-onor. 2 ~ [ T~~ :;OCJ~tT : Yeah, `:ere it is . A.L ~ ri g?~ t . 25 I ~ ?~1R. D:i~I~~ZCHE~u. And i~ the Court ~s going to 26 ~ a{npave cond~.tia ~ ns, ~ a~sa have some others T wou-d ~ro~ose. ~ ,. - .. ~~ 1 2. 4 5 6 .~ 9 10 ~. ~. 12 13 .L ~ 75 '_~ i~ 1S 19 20 21 22 23 2 ~3 25 L~ ~'H~ CGLiR"' . All right . ~Ir . ~i arrcnd, let ?~~ hear f rc~r you . !~iR. DIl-~i~viOlvD: yes. Thar7k you ver..y much, your i~onor. May ~_t please the Cc>urt, Mr. bim.i_chele read. twc let-.ters, ~ guess, that r s~~;~t to tt;e Czty regarding this matter. Tinis i s not some of..t t:he tap of the read response to what M.r. S'enma:~ :i.s do.Lr_g. I've been litiating ar,cather caste with h~_m fc~r 1~C y~azs ~ r~Y~ol.e;_ng the same type at attitucxe in that rase. TiiL CO~~R~~ : i c~c~ri't want to hear the rhetoric, okay. I:'m :.~'~st here. -- .~ wani~ tc aet -- T'm real~Iy not concerned 'about other_ cases . MR. i7I~MG~~: Gkay. I understand that. '~?~~ CGURT: i"'ast history, rrr. ~i1al~io?1~ ~w !~rZ. D~ii~i~lGlv~1: but the Cvur't. -- but t:h~ .curt __ r'"L;`i~ COuR`~' : I r'eall~ went to foc.,~~~s on t.h is case k~ecau7e that's wi'7at I'm irwoive~ ir:. ?,,'.~. ~~~-1MC)~;~`: r"~~L~ :.Dort: has the µmpr~:ssian that somehow this i g an ai~t haw ~}ang ru:~ning some k~_r~d of -- iii GGi)R i : i~Q, 1. '~fl?~' t . ?~iR. 3~? A'~IG~iL): ~3e:~~~use ?' l7. have to te~.I ya~~, yaur Honor --- 1 ~1L` ~~. 1..~:~±\rn .L Q~7 r~~. 9 ~ . ~~R., D~~MGivi~: -- t~~e first case I handled was the noise case. Mr. ,S~~}ern:~an was prosecuted, he's sitting in the at~die~~ce thorp, he w~~s prosecuted by 'the city attorn°yy for .~ 8 ~ ~ noise. ;ode Y'~ad a tra_al and we wan the case. And then the - y 2 fired a ca~:~p:~e of ot'r:er cases. HecauSe it was a draxY, or-. 1z1y rl a.ant' s rep>ources we dec7_d-ed for economic, reasons on~..y t.o ~ j en~E'r ~~n a -- t0 eT1tF']~ 1ntO 170 COntP_St ~J.7_e~S t0 infract~ ans. 5 Anci a:7e aL th.e rtAles caf 'aw zs that a r.a contest plea zs z~.ov j 6 i adissi.b'e far any purpose. E 7 het in vi..ola.t~.on o= clear law, the city attorney ~ is reLLying upon a number cf no car~test peas to i.nfract.ions, e 9 whi..c.h ar.e or?.1.y mar_i~: fc~r co~~verlience purposes, for economic 10 reasan.s a7ra tY1ey{ re now using that against ~~~s. ~.he ~.ss~~ae of 1 cost, we sil~e~p~.y wanted a heara.ng before either the city 12 ~ cour~cl.l o.r _,_~7 court. to determine the iec~i timacy o~ thy: 13 ~;~~~? s. T~?~: c~~ty po:~.~.ce department. just. uniy.ateralYl.y ser~<ds ~~ ~ out b:~l~s and. says pay it. 1.5 i t`~~~; ~C~Ut~.~': ~Ir. Eiamond, first. of a1.i -- wait -- 7.7 j `~'~E COU~~T. .i~et m,e j~asv ir~terr~~.~pt you th:~u<~h. j F ~.9 THE ~CC7~LL': ~'m not co ,.sid.ering the ir;.fracti.ons 2g ~ or the na contest plea far a.r.yts7ing other than notice. 21 okay. T'm no{~ --- -i. am not here to maicc- life difficult fat: 3 i ~2 iI your c1ie::t, but o3av~ous.~y the3~e'.s a probierzt. 23 ~ ti~R. ©TT-~MCND: TY~ere's n.a ~aroblem with noise at 2.~ alb.". a.here"s :7o problem ,r~ith m~.;7crs. The o17~! Y ~rcble~,~ 1 2~ a? legedly is ~he dr,.,g sales. 26 ' TYtE ~L7liR`I' : W~7y is there no prob:? cm wit~7 1ni no.rs, 19 1 2 3 6 7 8 9 ~_ ~3 11 "' 2 ~~ 14 1 i ~, ~7 1. f3 ~. 2v 21 22 ~3 i4 ~: 5 26 when mino.r.s :~.re ,~rae.re after cup-~pw? And it's clear -- it's undivputed. And yo?: say -- yo~.z say in your paperwork there`s no proI~iem r,~ith minors, but ~ don't see any evidence of it. the only evid~nwe ~ haves are pa~~_ce wh© are ct~tain~_r,c~ m~r~ors after curfew at the establishment. ~1~. ~~.AI~~iO~D: the cur_~ew a.r..dinance, your ~'G~~nor, has c~xce~~tia~s 'to i~_. ~'he expectations are what allcws the tC~~nOrS }O rei?"tal_n ~~ t~"}e IOCa}i0?"3. SG the LO~rL C.i'oeSnFt hcav~ a coar:plete understar~dir~g and review of tie actual mu:~icipal code tha'~ sits the curf~:w. A_!d so I think the Court ras ~e~n m~ sl.ead :~y the city at t;~rney. J..ii'~; COfJ1:~'~.': ~ ~hJ.n'r Y'iE.'' S c=S~°d I?lE? t0 tG~'~C ~;udicial notice a~~d provided me with the ~.urf°~r. And your client says, while there's an excep~.ion for educational aCt~.~litieS, btzt y~~~~_ didr!'t give r~~e any evidence that nn any Of thpcP CCCaSi.Gr`.~r ~..TLi?1r ~~t~`lr \€n~rPrrir3er ~t'L_, 1-iUC~LSt ~2='!dr Au.gusu 2~'t~x,. that any educational activities were going or. ?~C>th~nC. ?'~~i. ;~iAN!Gt~il~: ~sccau>e those activities vegan after the C~.ty atter~lptcd to enforce trxe curfew cr..dinance against ~m~y cl.ient~ _ Sa here ` s nc current probiem with t'_~e cl~rfew ox:d:i~nanlve. `here might have be8r~ one previously, '~~ut currently there is 3.`~r~ problem witr;. the curfew. Trl~, COCRT; Ldell, how does yo;~r client -- how da your clients --- hnw does your client monitor ".hat? ~Cc~w does your client di_st:~t~~guis;~- between ac'tivit~.es that are pure~y 2t3 1 2 { 5 7 E3 9 :~ G lI 12 13 _.. 14 15 16 ~7 ~g l9 20 21 22 23 24 25 2~ fog minors ,.r^r-sus ac;tivi tzes teat are .tor everyone and then once tl~e cu.r~fc=w goes ~y get them aut? ~ :neon, how does that war k? M~. l~_A~fONG: tr~7r~l, it`w:~ ai.l anew because my C ~ 1.G~"kt __ S att~'in~J?".~~n~ 'i=C 'nlO~''i{ G`n 11"115 ~clrtlC:,~ ar ~J%`J~~ 2I':"i_ And we dorf ` t know, ~or exa~n,p1 ~, wlx<ther it ~ s fetter for just ?nin.ors to ~e there with no ada.l~ts ~t all Lupervisir~q or being present a~~or.g with tY~e rr~~no.r.s, or w'_~lether ~_t's better ~.o gave L2~ie 41du,its there. Oo this is 5omet~~i.ng t'n~.~t h.a.s to be worked pL1t ? n te?:~rs of what' ~ pest for the City in tcrrr:5 of any di~ruptiorl.. 7'HF COUi-~`~: 5o there never was arty pa"~.i.cy. So minors carte in aLonr~ witri the a.d.u7~'L:s ar~d when the curfew, when it got to be two c'cluck or '~hr~e o'c~!ock, there was n o -- -- i~R.. 1~:LAN1OI~C~: ~~ve:LW, ro. Ti~3.F C.7~J~~~': 'I~hat `5 what T'~ a5kinq yo~~. T~,ere WaS nc, ~? }~.E'r SPtt~~raL7 rld G~ l.ilE-' Sit.~r~`JZ`5. t~~. ~~.A!!~OLv>~: Vie' re tai_'cing abaar. two different prod erns . ~HL, C.OL)~:r. Okay. f MR. 8.~.~,M(~N~: with respect to 2:OG a.m.. and to i I 4:00 a.m., we now concede teat the place ?aas to shut down by ! 2:00 a.m. ~'he reason .t sta~T~d o~aen l~rlger ear_ier was a j mistake l~eca.user.hey were tryirlg to get an a ~coho~ license ,. f_or -- t~rer..e ,rare, trlere wou7 d be ra m~~nors there, but they 2.~ ~` i !°i~sd 't~~"E'~:i_r' 13_C~I?sE: CzeY't'~.eC'~` t)r' fcr WI1dfi eVe3 r`c'r~c'iCJn, and SO ~:'1ey _ 2 G.+ere ~_ot allc.~wed ~o have alcohol. there. ~~7hen they cot 3 ff denied for ca.ca~:a~ they error~eou:~ly beZievec~ teat t~iey can 4 then stay ox,.;n after 2:0~ a.m. believa_ng apparently that 5 2:00 a.m. ~sta:~ ar,7_y for alcoho'~ p~'cba.am:s. 6 5o now that's no longer a p~ab~em. My client ~s i I shl~ttir_g da~r~n at 2:C0 a.m.p so here is no f.~urfew prob'.e~r: 8 ~ beyond ~:Ca a,m. on ~a'turday -- Friday nights and ~atizrday 1 ~` ~ '~rx4 CGJi~`~: ~~le i_l, rout t}:e minors -- or as i 1~ under.. s .and even Ur tree weekends minors have to be gone by ]..2 ~i z~.d:zight. I 1 ? ~ MR. Dj~MOi~D: We 11, that's ~~r. d:~spute r~gh4 no~hr ~.~ because we ~e,~ i eve w;~.en we read the ordinance, the ardir~a~~ce I ? 5 '~ a:i law, minors to be there beyond that particu~ar cut cf~- of 7"5 '~~:OC, but ~sre're agreeing t-e. 2:G0 a.m, ~Y~t t.~~ere is a 17 I d.isput~.e abaLt whc~tl~}c~,r or oat t~?e ^urfesr~ c.rd~_z~ance would °yE ~~ appW~y tc~ a :;~.tuaticn where there`s just mintisr..s there under i9 the supervision of club personnel and whether or ?;.ot adults 2G can kae there also, because what's happening now is the 2"_ parents of the kids dr op ~~le?~,. off, a:~d them pick them up. 2.2 i~~ow, i~ r_he City wants adult supervisian, if the 23 C~.ty wants +4"'~e parents to Utay and s~xpervise the rn?ncrs, 24 I,' this is someth.i.ng that Yeas to be wox'l~ed out with the City ~~ ~A1 to ~TTiS ~~ 'r1rJW it GaOr}C8. 26 ~ r~?~~: CGU?~~': Well, tell. me tI-te dispute between ya;z ~2 3 1 sand ~~~ City --- or ye~sr c~ients and th° C7.ty concerning tree 2 ~ ^°arf:ew ~.ss~e. ~ ~ ~R.. DTr~t~aND: U~1ell, apparentl`T -- I dD:?'t be.IieTae E 4 ~~ner~'s a azspaue .now. I Uhirzk t?e Ci~:y has h.ann.r_ed our cJ pOv3'tiOr! 'I~eCc!LiSe t~l~r'-rE''~ ~eeri r_O fLl~t~"'ser Curfetvd C1.tdtlOnS i 6 ~ since ~~!e for~?at ~~f ~~~e k~tzsiness ck'anged. Sc the c~..~rfeti~ 7 vz.o]_atio?~s t;:,.at a3Ye mentW~oned in ~,~.he decl.ara~~_ons predate 8 ; the ma<~ifica =ion of t.~e business . f 9 i And so as of :~=ow, as far as i understand. it, the 1.0 ~ cv~srfew orc~.~..na.nce .~_,s Mein; c;o~zpiied wit~z. ~.'~e.r.e`s beea~. na it f~.~rther c3arfew via~,.a~ i~or~s in terms of c~.~taticn~ acc:tzsinG 17 ar:y~ody of v? plat=ng tree law. SG ~ don't thi ak tr~ere' s a i ~3 ~~~~ current dispute. l4 T~=~ COu~;_': Ana w~zat about --- ~ was hoping t1Zat .~ i l~ ? ha.d seF.r: saT,e ka.nd of deciaraT~ion from sec~.~ri~y a~aau~ w~~at i6 '~ t'ne prc~ocol ..s; w~~at. t~,e pol. ic.:y '~_s, do tk~c~y -- do y~~op' e a 17 ~ get searched com~;~rag ~_n, do trey qo t_hrcug~ any rind of ~.~ ~ sC:C°en? DG tYleV -- s. ITl~aI"1, a~? OW 1:1 CJ -- ~a~1y C.Z'D ti:ey cllOtnr 1. ~ ~ backpacks in? ~o,~rze p ec7p.~ e cai~, you knor, chi 5pen.s~ drucYs c0 ! from backpacks and do -- 2~ ~~ ~`~.. DTA~lO~vD. Gvel1, here`s -- 22 rt'~F COURT : ~'~cuse me. And do they c~;.eck :~D? Do 23 '. tk~ey mara.tcr --- I Crean, ~ undex~s~and. i read everyt'^.anc~, so 3 i 24 7. recd the r~ar_t al~ot.t tif!e, yo~.z knorsr, t~~zew cops, undE~.r.ccver 25 rat wanting them '::c c~~~t invo~.~re d. And them ~ read the 26 su~p'~ementa'L dec~~ar_~~.ion of the caps Sayir:Cr, tl~iere's .ust r,o 23 1 2 -~ J 4 5 6 8 9 ti~ i1 lr ~. 3 i4 1 J 17 ~~ 19 2Q 2 ~~ 2f 23 2~ ? ;~ 26 way we trould te.l~ anybody if we're undexcover because gnat ~~101,:,~_d ~L1St :_CrE'v1 2\Te:CVt~l~I'ig °up, WYl'.CI'1 1°IT IPanP' ~1`1Cl:~Ile:~ LC bell@ve. 13ut wr~at Kind o~ aggressive -- wkzat is qoi nq -- I don't rave ezzaug~i :intnr.mation in rry vi::w about what ----- what is going on now versuv tti7l~iat is -- wh~:~t is being proposed to ~~. ~7AM0~~. ~rveil, we do have the head ai sccux~.ty herw ire co'ur.t and the Cao~art is .i.n.viteci to ask ti-iat question drer_.tion in security, sn ~~ dan't have to distant his statement by mi..5understandirrg his paaition . One oaf t~~e problems ~_s ~~Y~~-zt we `.re ?.n a ~~u~~d s:~t~uaticn whare they' x'e n~aF°a.ng changes to adj~;st. ~'he a~ea1 prc~b~em ~.s t~sey would 1_:i°C2 t0 r`e zT?OCe SC~.c7'ieSSiVe, ~iut t~iey C.~OZ~'i~t waist tC ~E Su'e'd c-i.C1 ti"IE?~J wciTlt tJ k)~ a'~J.,iC' to ~.".f0 Sc7rlet~i~rig :il'ide?" to e p:rotect.ion of a. c.oun~'~_ {~rdPr. FOr E'.Xal[lp~.e, '"?ml..~K1.:1:.x tY'12 ~~'ap?_C, SearCi"l.l.n.~ themr requiring no ba~;kr~ac;~s, pattinr~ t~nem dt>wx?, metal detectors, w?~atevcr it 'sakes they'ra wilting to do, bz~t they dorz' U ~>~~r~t tc vi.al.ate tY~e privacy ~ic~hts o~ the parsons and then aet sz~ed . r-~nd so we have to wcr~C this out _ And if we u~a~ald work this oz:~} with the c'E tv attorney. in~e would like to hive a zneet_ng wit~i the city attorney, And Yo~:~~ F-Ior_or i?~dic~t:ed at the vary begin=Ring, do we Y?ave any s~tggestion~ . And zny suggestion is UJe wou.~! d have some scrT~ of mediat_on w_th t~?e police, the security, 2~ I 3 ~ ~~s . ;~'_'1C rI'i<<i: ;~'.'?C~' Y'i~?" ~:°ask~and, 2~-1^~4lS~r~C1u, wr1.0 15 c~~ S0 ~'i2L'E?, Mr_ . Shbrni~3n -:end t'°:c~ tt~aird partner, who is pres~r~t in court 3 ~ meet to get toc~ethc~r o ~ ~_c~ure out wi~tat carp be done mutuall Y I 4 to so~I..ve a ~~rablera, which appar~nt~y exist with respect tc 5 the drz~y sales, b:.~~ nct with respect to the noise, riot with ~ ~~ respect t;,a curfew < v~'itY~. respect to drug sai es, there ` {~ 7 appears to be ~ pror~lem-. fie rccc~gnize that:. ~~e worked =~_ t ~3 out . i I ~ 9 ~ '?`~-~~ CC~~.3R`,:: G~IeI ~, w~~at. abo`~t the ~-- w?~at aba~~t E ~.~ ! tea cor~c~zt~-.ors e~ cne property, yvu know, outside 7:he -- the 33 ~..1. {~ t~1~~'~ey~? E1~~1c-3t ~'1-7o'c:.'~ ~Yje ~1.C~,~a LA:C1nc~t~1~1.~.~., ~7°4 ~u~aG' L.If~~'P' S Y]O i 2 ~ - - Tl O -~ - 1 ~2 ~ MK. L~I~t~it~I~~: ghat sho~~~d be sowed. i 14 ~ =I'i~ C~UR~': Anci what about -- does your a.' ie:'~~t ~ 1 _tt yy r4 JJ (( //'~~ ~~^^ //' ff~~ ~J o~e rs~.lw1> Y ~Le C~,.ii, ~~0 -- i~~ ~l~i G'Y ~C~pU~'.~.if_~ i5 ..).JVl.1 rJr JC+VV, cr ~, 'G.~ ~ w'~ate~~~r _t is, ~~re tY:er-~ t ~..':l~..ets ~~t t~~re inr ..0, 000 I 7,7 ~; pP,opie? I8 ~~ L~tRo ~IAMGND: X30, yc~ur I-Ior;or_. No. i 19 II° `!'H~ C;~[)1~': Is thsre a ? ~_r~-t? Do you --- a~ m~:ari, E 2~ I dcan't know ho~,= it works. I don't owr teat bus_ness. I 2~. don't own any 'r.ind o~ business, so .I don't i~now. 22 vR. L.IAMdN~: GveW1, ?~ tl....nk -- 23 THr~ uC~()F~''T': Do you oversell. anc' then ;tops pccple 24 snow up or --- T mean., k=hy are there 500 or 1., Q4~0 kids 25 I outs~.de ti~.e Goo:r? I 26 MS. S~ry~~~~l~±N: Do you want zee to ::answer that :f i 2~ f 1 ~ '?'rj CC~C7~'<': 3; mean, tyre po;i.ice couldn`t rave 2 go=ten r~i,~~ t:r;o~>e k_;.ds together and came tY~~ere and come to 3 make a scene, so thc::t they could look goad today. ~ RJR. T~~Ai~O~D: =gar i.;_, they're wai.tir:g to aet in. 5 but T think .~_t; wC~rzl.c~. be very he~_pfui for the Court to 6 :~ctual?y go ~f~ tie 3.oaat~an. Ct's a huge place arrd it's not i s neap Wesident.?al areas. it`s king cf an .~..solate~ area ai 4 i 8 ~ the sout~rern part of San 53eVnardino. And I think t~.~i.4 Court 9 ? rr::i~ght have had a rr~~_s3~ndeYstand~ ng based upon, deceptive i 1G r dec ~_ara4_orau t~r~=~t t~e~~c ° s a 3_ ~ kings of ne i ghbn~'s right ll ; arojand %his esta'~la.~hment. They are far awaya There`s l~ ~ railroad t~'acks that go between where the residential r 13 propert.~.es a.re to tree south and this paxti.cular cup. l~ 1t"s in a huge type of mail, parking tai. area 15 there ar,.d ~t would be very helpful, and I knave 'the u0u[=t is 1~ ~ br~sy ar?d vc"~"re ~~.?~? t.rial, bzrt at .~c~~a point. ~.. t~ki-~ r:.k yo:a I i7 I wou7_d have Some c7~ ~,~ali_r a~!at~a??~ c'~~spellad by actually seci.nq 3 i ~.~3 ~ ~Yha lacatiar~. It";~ a huge cavernous locat=a n there. i~ ~ it's --- ~~t`s well fzt iar this partzcu~ar type of ~~ c`iCL":LViLyl b'tl~: ~~r:.l:~?' S rIC) ~3CiC'?"Se~ ~1T1'~f~ of ~.,~~:~}{2tS. Tr1eYe"s a:iC3 { v ~~. i; OVG~CrC?wCl=rig., c2 ~`!f~. ~NE,RMAI~. Cauad l speax because 7 __ I 2 ? i T ICE CC'J ~~T : ~ e s . i 24 M~ . ~r1E~'!~AIV ; You? ~anox', wha+~ ~zapp~ras is, when i 25 ~ we come to open o~a.x~ doors, the~_e's always kids waita.rzg to _ 26 corgi"e irr. So ~~ae open oLrr goons at eight c' clock. `Triere wi'.1 ~~ 1 2 3 4 6 7 S 9 E. 11 a? 13 ,~ 15 i~ 17 ~. ~ ~9 20 2 ~. 22 23 2 7 20 f_7G a CCil~p~-E 4~ thU~.sand kids 'vlc,itl~'lg t0 gPt :Lri. "SHE COUNT: But do you se .1 t~cke!~s ahead of ~ iz~e? 1~iS . SHERti1AN: No . W~ se Ll tickets them on the lacatiar~, vt`s like d computer system tY'~at shows as every s.zngle person, t'n~t would ~e sel~...a_r~g tickets to. And sect;~rity -- t' ey c~~-~.,:lnot cc~r<~e in without sPru~i.Ty act.zall_y tearing that ticker, sa -°- .LIME C:C)LIK~': Beat do yalz s~~.i more tickets `nan the puce holds? ~S . S~~iEBN~~AI~1: ~~a . Rio , your I-Ionor . GJhat ?~7d~7r~ened -- `T i-3 E C OTJ E2T : W e ~ l , vah ~ n T saw is h e -~' -~- `~'=ii, ~~}~~`r': Lctn tiGy ~:iuy t.i_Ci~_etS ai1L'i'~~ O~ ta.rY;,~'? :~ayJE t~:aj.; ~ S pc1.i."` ~.c 1".18 prC~1'cITI.. MaVb~? r~~h~r t~:c;17 ~'ia'ii.~~:~tC~, yeu know, ?,000 or ~50G people shoe up at cne tifi.e, you ~ic3VP a p:coaedure ~Nhe~'e 'hey buy -- `I'TIE CO~JI~T: ----- tickets ahead o~ ti;ne ar there --_ or ~ ~'io.ket ~;aster_, r.ct that I like `I~icket Master, or sorc~e place t~'iat tz~Py ca a aet it ahead of t~s~te, sa trey don`t al]. snow up UJaw~.t~~rig in ~.ir:~e to get the t~~rket. 't'hey Y~ave t'r:eir t~c~ke~5, Z IYIF'_c~il, t'1Cy~ ~_~_ CJ~ 'vSa~.t ~ riCf ~ ri ~u.2"iC-'-' ~O g8t 1!, ~ll~ somet_~."n uo sa~~a__.~~.~.,~ ~. g `~~ ~~~ vhe cangregation of ~eap7..e and tnera a15o to ma}c c- su_-~: that there s rio cverseli~.nur. z~ i i ~r~,. ~~~ica_MAN. Anc~ wr have t~~Iked about it to our ~ ~ ,i'`3'" O?~ O ~ P :~' ~ C: i'[ r~ t:. yJ `c~ ' :: E: "v3 O r ~ 1.1"1 Cj Gd .i_ L ~"1 1 Tl. ~ ~ ~71 P. ~ ~ C~ C C7I"1 i~ d 7 Ct t. ~ 71 S 3 issue tl~~a.t w: na+re. Arlo. wa ~rcre ti~,inking ~~bout going in to ~ se t~ irlg aur,. t.:wickets amine if we possibly c;a.n. rl'~:e arty 5 thing ]~s that ~ ?.cat c~i these kids, tl~;ey don°~. Y1ave credit. 6 curds . `T`hey do~1 ` t, you k~7ow _~ 7 ~f~~ COLRT: ir~C'~k.1., ~,~~~ey have motley for drugs, ao ~ F~ ~~ don't knave why th<<a c~r~'t ~-~- 9 ~ MS . S`~,~i2l~Aty : We]~:1., your .~3©nor, we' ~'e rot dcilla ] G ~ the paves . ire ` re not hav~~ng raves anymore . ~n7e ` rerlaving l~ at~r teen r.a.g~lts . `pie ° re r',avi r.g the --- ~" ' s a whole d~_f ferent 12 ~ element, We°re no 1~anger_ letting outs.i.de promoters come in i i~ `! tc do heir ever.t,s. I~!e are ~Uaking comp]_ete -- Z~ "tJ~ CCC~k~'. i` mean, it~ ~rauld seem ~a me -~- 15 M~'. S~~r~, MA1~: -- hc]_d of our p~~apert:y r~ ghL nave. ~b ~F-?Ta,' ('Cl'7~`r': '1'Wa.r1l ;.t GJ:~11]_~ ~e~TT; tO :~T:e tk~u;Y ~ ~ r..~,~,w 17 have a lucrat:~zTe b;=si=tress ycrl would ~~ant tc~ d© anything ya~u 1G cou'd to ]cec~r~ ~t r~per_. l9 ~ M S:~i~~RMA~~: rv~eii, that's exact.y wr,at we`re 2G doS_ng, your ~~orir~:•. I 21 E ~':~iE COUR`T': And be considerate. See, l get i:he 2.2 ~ feeling -- -` get % a.s :~ee1_ing that the t:cnor i~ teat -- you ~r 23 cou]_d have whatever attitude you ward. You're a private 29 ' person. wt ` s ya3.~.~ b~s?.riess . ~:~t I get t~:e tenor ghat Ya'u r 2~ 4 rPa~1y don`t carp; about anybody except what's going' on wilt; ?_ 6 you -- 2~ E 2 ~~ `~1~. ~"~7At~S: ~'o address yo~~r. concerns also=at now 3 ~ is -~- yoga :~r:ow, whet -s the secure ty gair~g to do to address ~ ~ the pra~~.ems`' Jai, what tn~ own~.r has asked ~~s. S~ierman to do and Bahr ~ she' o a ;reed to do by way o ~ a court order, [ ~ ~, would specific:a~ly ~ec~uire her to Piave a certain rat~o of 7 ~ security uua.rds, an.o guard ner e~.TerY l0~ peapye. it would i reQ'',~1r~ the guards '[.C ~e pres~'I"2~. rr1S?de rile pr~iT~15~5 r"I:1C! twC7 i ~ I C~l.:a.T,~-~S I.r~ tale pSJ::k:~ng 10'i.. ? 0 ~t urc~~i1~1 .reguir~ those guards to be present until lI. at -east one-haJ..j- no~:!r alter closing. It wo~~Id requY: re Bern 12 to orderly d:~ sperse :~.nd~.v~duais . ~t would rewire them to 13 ~ prc~acta~rrea.y pa~~.rol_ the i.ns.ide .aC the pr°mises, which ~, .. ~ ,. 1_ addresses M.ro ~i.arnorldrs issue a.~c~z~~ searches. Tt wc~~<.,.~i 15 ~ reg;:iire she guards ~:.~~ require pat down aearcnes bezore ~ ~ ~ pµ+'r rVn4 e.T1Lea'. .T':.'1f, ~}l~',z'~'- Y!1ci~) rJe Ot'~~'r th~~ T~CTS t~!c[t t.h.e C1l.Y I ~7 at~to?~hr~y thinks would help. Arid t?~ey prciaa~l~' would belts. i 18 ~ T[-Iy C ~L°I: tr3c1~, are ~.hese security guards -- i ~~9 ~ are they, you know, are ta~ey fr..ozr~ pr?va.te campanies`? Are 20 ~ they trained ~y ~.he ~~er.ant t~;.em5eives, or what. -- wi7a;~'s 21 '~ going on --~ you 3c.now; are t'ney ~.:rainod it -- 2.2 ~ ~~S . SI~~R,'!~AN: ,~t s s a nr~ivate company, ya3ar ~-ionor, .?..3 ~~ ~^~.. DL-~a~ICI~D: We nave the secur_~~y person.. ~G I rI'~=Y~ C~l?It`.~.': -- aY'ugs, you ~CnOw? 2~ '~ni5 i s ano~.ner auest.ion .I had. ~~Iheri you --- I E 2C~ know nothing grid ~ am ~rery r]ai~e. r~hen yo>z -- when you 3 C3 1 2 3 6 1 9 :~ u 1 ~_ 3.2 13 1~ 1J H !" I h 1 ~3 o, 2G 21 22 23 24 2~ 26 take -- dces ~~nybody KnaYa, I -- T was hoping a police a~iicer was rtCrP.. r~?F~. ~:'AMO~D: ~~Te ha.ve a ~se~urityy,persa~ hers ~:~r t~SF yOI;Y' ~"10nCr]~t ar.d 7_i yJLz hC~Vc c~ X1125" lOT? h~'' S ?".grit PeY.'e in the courtr..aom. ~T~`[~j~C'~:C)~T~IZ~~/~7:~} G1i.~epre is he? 1"ice). .7::L1 ~~~.`lri l.~3 A"!~ ~~_M. I~i~ CCf1RT a Al.:~. rigi~t . ~oe:~ anybody kno~~~, i ~ yo1~ to:~~e a tablet a~ Lz~,arasy how 1oy~a that 'past'? NF:. T~IHiv;C~l~~: :T_ <<re never i~ad a drug yn my ? ife. I never even. smo~ed. r~arij~,~ana. `_HF COC~~`~ 'The overage. T don't want anybody ac~r?a_ttinq anythir~y bat ? > thez:'e anybody r~~e that has JC~1C~ini_.eC;CU' G'~ ttlat~ fret u:~~Sr~ t CC3Gi1~ .~.rvitl ~ic'.rSvn~~ E?X~C?r~enCE'r ~70U t~nd.PrStand wllc~t ~"1Tt Sc1y~T1~? ~~ ~ tOCrk -- ',:_~ 1 tOOk a tc1~.?1f'_t C~:~ ?C:S`=~Sy, l~p[~r LC~'_-': C( CZG~'S ~_?"le ei~eCtS ict,5t? ~3c3 yp~z Gnaw°> T.s .~.t ar? hour, is it five :~-,our5? because T' th.~.n;~ing, yo~.~ know, if kids are Uhex•e tak~_ng :~t and they got to saber u~ so ~to s;aeak before they get home, r~ay~e there is sarr~e way t,a d.ea._ urith it that caay. L;oes anyr~ody know t'.~'at? T would like Tva know that at the nex.t_ Yaea.~'ing, :~_f we :gave one. W~~t if ~- ? ~ -- you i{nQGll ~. ~ ya?~ t.a:~~e one, 1~r a t, is it a tl~iree hnur thing? ~C?l~ kricaY3, Vdi7E;l'1 ya1~ t:ak~' :~' Ct~r?o1r every#47ody knJWS~ y~p~~ kt~_OC~r~ when the efierts come and haw long ~_ would ~.a5t. B~,~t it wcaaJ_d be i~e:~.~a~t.~l> F:>~,~~ ~~ r~ev2r knew there lraas so many names ~~ 7 2 3 4 5 6 7 1G li ~. 2 1~ i4 17 -s ~ ~9 ~0 2~ 2~ 2~ 2.4 2~ ~~ fo.r c-cs~_asy. FI1 right. Sir, te~I me -- nh'. ~:~: YDS. `l'i~F CC~i)RT: Cr~axa~ is your name for *~he reccrd? MR. K:.M: My name is [~~eon Kiz~.. I'm a private secu~'i~y of°iccr for she Fladson I'hea~er. ~F?E ~'C~OR~ : x'ar_ a ca~rpany? ~o you cawrl your o~rn company? M~. KIM: :~o, ~ have a partner. ~i~~ CGg~`': i ara se~rry? Nr . KI.Ivi : I have a pCa~i~fer. TF~E C~OLRT : C~;cay . ~u.t you ~~rovide the security officers? MR. KIM: des, yes. T[I% C~~RT: Ql~ay. Ard hcw are Choy trained? IMF?. iiwi~7: ~r~e ga uFtrGUgh s~hca? . Eefore yo'~ get the -- ~].'. :'.rl~ ~GY".:ty.tW ~rOiit trle 5tat~= i'GS, wl=c~tsS What ihi~ do. Vie have a rr~inimum six fours of training. 'I'o power -~-~- ~Ci aY'r'eSt ~J@O'~J_iU. 'I`~l~iw.' S Cn7herE' W~ d0 t~"1° I~3.n1if'tL:IY? SiX ~lOiirS and go aL1. ~,~e way ro ~~ hours. HE ~'OU1~T: What al~a3at tl~e idea -- T mean, is there any k~_nd ui --- axed this -- T `m throwing ~.hings aut beaaase _ don ~ ~~ k:?ova -- ~-- lz ke ~ said, ~ sit up here and I don `t know t~rhat' ;~ go~.ng on. But ~_s them soma way, and I';r~ 1.o:~king for sc7_utios>s Y~ere. T mean, we can gel:. in to the legality of it, ~~~nd T am c~o~_ng Uo da orders and I'm aiso gazing to asis each side t~~ present any additiana:l_ speczfic .32 :t orders that ~r~Yie`~' we}tzld agree t©, cr that ,hey thinK are appropriate perzc:~ine~ -- what I'm ga:i.ng to do is prab~b? Y set 3 this for a neari~~g, ~ P;:it getting back to what 1 was asking, is there ~ ~ ar~y Kind of ~ra3-n?-ng t~Za*' ....-~- add.~_tianal tra.inir?a that the 1 City can. see that t2-ie police could give to the security 7 } officers in terr€s of dete::'uion cif drt;gs and handling of it ~ ~ when they f~_nd i~.? And 1 know there was same cor:cerrz abc~~t I 9 ~::~~e znar,ageme;~~t gett~ng -- cari~:iscating these pills and what. 7.0 si'zcu ~.ci they do with, them and a po 3 ir~~e of ricer said, well, I Il }Fou should call thr police. ~~Sell, that j~.st brings the 12 ~ pals r;e back artc~ :~~: ° > anc,ther~ dra.i.n of resources, i3 1 Co is t?~ere a,ny kind of eith©r traa.n~.ng that i. E ~! GOLI~..~'~ ~~E: dC?rit°, wh W.~`h they ;~v0?3Id pa.y fOr ~ ^~ any ;:.lrad Of f 15 I~ ofE-duty pal.ce teat can. '~~ ~- tc s°apple~ert ar t0 :::;~nitar ~ ~ Or '-"~ :fir SO.llethinCj 1_IiCC thc~. t . ~'C:l:i Knaiv f i :Cle~iar if i%' s -- 17 ~ i:~ you want. to keep yo~.~r bt;.s .rzess open, maybe. it's caarth trze f 18 expense to get tr.e drugs out of there. ~ mean, we all kr:nw 1.9 4 we're never going U:_} roreVert al= the drUgs~ ~atzt at ~.eaSt i~a 3 i 2C7 ~~ raa'~e it not a goad env~ronrnent,, an easy e~~vi.ron~~°ent for teem 21 to ~i« ~ ~ . ~2 ~~ I~,S ~, ~i~.~R~!IF~N : Your donor, 1 reg~tz~s ted a police 2:3 ~ dog ; ry the front of my -- of the facility, when the ~>' re r 24 do_ng th°_ frisk, the pat dowry secarity to have a police dog 2~ there .so t;:.,a~~ i.r a~~_ybody's avtempt.~ng to ~r:3.ng Drugs -_ _ 26 '~'F'?i~ COi~~`P; Are ~o~: willing to pay for that .3'3 1 2 3 9 5 E 8 9 10 1i 12 ~3 1~ i J V 17 18 i9 20 2' 22 23 2~ 25 _ 26 ~aliac dog:' iJi~~, SHi~',?~i~.A.N: Yes, your HoA`~o.r_. T ~~m wi~_~ing .Wa da whatever it i~ake~. '~GI~ CDI1?~ : Scx~~ethi ng lik.a that. end ala{~ :;. n. t~1~ --- same ]ti ed a~ training or something. `'.1~~; ~~.~r~~',~' : Z don' ~ kTIOW . .L `111 Lr'_rOGliTlg it Ull~:. . I `rn throw~.ng i ` o1~t because I think that things ca;~ be done that w:i_:Zl ma;fe t~l i 1~g.s work --- rsx' tsai:_ent ~a17_y wank taithout getting -- yct~ kr<owq without havir.o the a rai~1 on irhe resou~rccs. ~~~ °s c~_eariy a dram ur1 .r'r1e re~ovrces. P~3~. hT~?~~Qr~C]: Mr. Shorm~~rl, wh.o .~.s in tl~G audience, T~!.r. S::arma.n asked the ~aa]_ice, is it okayWf we ~Fir1C~ CirLiC~'S ''~a ;~'u~St ~~ha'~1 t}~~ c~~LiC~s ~L'Ji~j1 c3r2Cl t~1n ~7:J ~ 1.CC-J` S~.dd, r_a,. you carp ° '~, c~a t_yat . T t se~F t:~ ~o m~a chaz ` ~ a ccst e~~ect~ ve way c;L sai ving~ `1~e i~r~oL1e;~-E, so -- ~~_~ COU~~~'': ~~e:Ll., they have same pratacal ~ establ ishec~ nr whatever. So this is what I `zr1 going to coo, ~I 1~nless ar,yhody wa.r~t~s to .say ar?yth~~ng else. ~ I1~u ~TT~~_LH~I~~: I do want to say something, your :~-~anor . 'a COUh'~Ft: Jk3y. But T` really have to get art ~: wi~.h any tr~.al r aY,d I stir have so~lething on 1;1y caien.dar. Btn.t this is k~~r~d o~ what _ wart to da. I am goinc to enter j sor~et'r~ing w~'.zin ~~.he nerC week, k~~.~.w :C art --- tomorrow w~"re { ,.used, and I or~1y have Thursday, and then I'~ gone ur~ti? ~~ i 2 3 4 5 6 .~ 0 a_ G 11 ;_ 2 ~.3 ?~ ~7 ~~ ~~ l~s ~9 2 () ?I 2? 23 2~ 25 - 26 Wednesday. ~=>a by ne~:t Friday, I hope tc l~a~e --- Z'm going tc sign samei;hing. But -- anc~ I. have what the proposed order is. rind ?' wo.zl.d also-~l~e from everybody any add-.:_t~.anay - - very ~,~eci:~~_c tiz':.n:~s that -- treat you woaid propose and .~_f you r2ave ~}sections, fi1_e your ob?iectior~s. I am r~~ot -~- I'n1 pat going to close it pe ding a hea~'ing. P.r~c~ then what Z would like to da is o.~~der you to a preliUigatior~ mediation. ~n.c~ either you can choose ti.hat pri~~ateiy yourse~'~t ar :~:' ? 1. ser:d ya°a to -- Z' ~~. set sornethirzg up Here. ~t wo;zld be better zf you dial it pri;rat~ ~ y beca.tase then yo~~ Lc~~1cz rl,oose sc?mebac~y r.~ha ha,s same ]~rrcwledge about these k~_r_d of acti~r:~ties. But Z unc~ersi~anr~ t;"lv ~: ity, yCU ~nCSr1, ~i:e mor:ey OY_ ~Lr1al:::~d~ ?,Sstzes. l~.nc~. taken I also intend to set a hea~•i,ng after thdt 3~i~ the ~vei'1.t P_v8£~1tr1~?1g ~,7i"ec~~.S Cxaw~i O'!• i~ C''kOeSI"?~t wOr~. So tract we cau.l.d have a i.i.mited evidentiary hearing, and _%'i~ give you .:Ea~_a.r hcaur,s t.c present. -r,~•c haurs ~:~~~ the City ar~c~ two hours far the deier:se. io present your best cast, i~ everytY~.irag b.~eaks dawn. But hopef•~zlly, something can be accam~l~_u~aed ~et~,~cen avow and the k~~ea~'tr:er <~nd hczpefully tie hearing .s t~'1C' ~_c~~~ re5~;`W'f:.. R. BZ,-~f~i01~~: 's`he Tearing wou.lci be far the pr•e~ianinary injunct:~_on or fGr the trial? ~'~'F< C:xJ?ZZ'a For t'r3e preliminary in~iunot~~.on. 1ti~1~. ~CAMO'~~~: w~uy wou~.d we not just set a trial? ~~ i ~H~ C.O,JR`:x > ~e7.1., if you agree, i f evPrybady 2 agrees can thF=. pE.r:d:_nc: conditions. ~ ~ ?~~~. L)l~.~C~td~: 0'~ay. ~e Ggree to the ones that. 9 the landlord ?gas ~;~ggestec~. for the record, without objectir;g ca ~'- n~-' ~ vas ~ f r ~ n s . 5 to tho..~, bum neyo those. ~ do object an a ~ct o g o,z d r 6 f ~ dr~r~'t k_~•?o~> .i..f t?~e Cau.rt w:~nt.s to hear ray ar_gu~r~ent. now as E 7 ~ to why the io;art Chou-d rot Grant anything beyond if~hat the ~ ?arsdlord i~~as prepa.reca and whic: we have agreed tc. beyorkd ~n~t we objer~t ~o alp" ~,hese late 10 E dec~.arat:~_or,s com:~r~a ~i_n%~:.at are beyond the scope of the r ~,i_ preli~:inary injunction, which should have been based just ~ 2 ~ upon t~~e ~r~ov.i.ng ~ar~ers and not alb. tY?e:se ? ate f~ le,d :l .s ~ d~~r•.l.arat:~ons . ire clo cb ect to t.?~a ~ . i~ '~ .??~sG, We O~,]ei:t oTl the C~rvul"ld ~I"la~: 1:~ the l.oUr 1 l~ i is gozng to isut.e az: injunction, we wat~,.'~~d want a band posted 1.6 ~r3~'SCZ wP C; 'Lc-7.,ir~ ~fid G-C~f]tei~C~. tl'lat. u?"?C?Pr trE ~^`lrst ~m,r,?,irlm,c.~t 4C' i 17 the ~S canst.i_t~.a.t°~on, a bor~cl r~~u ~t be reGU~.red by the :curt to 18 ~ protect the defe.rdUr,t. Ta:~u ?" know the Curt doesn't want to i 1.9 ~ hear about ofi:her c..a ses, brat we gave bEe:: tr?.rough that in I 20 ! other cases and tie respectful~y ask a hc.~ge bQrid, say, a 21. ~ z~illi on d.:~ll_ars be posted by the City in order to se~.•ure any 22 ~! .injunctive ~~Pla.e~ '~.~eyo:xd teat which we`ve agreed to with the 23 land ord. :~o if it's just tale landlord, ;ae`11 waive t.re I ~~ b011d 3"eC~Ll~?`e;TIE'.Y'itS 3 25 T~-{E CWOUR'~', G~e1lf rvlr. -- fir. -- Mr. L~iarnc~nd, i 3 i 26 ~ you`re rat Usar:ti,ra me to conylder these Late filed papers -- 36 1 3 9. 5 7 B 9 ~p ~~ 19 20 2 f. 2? ?3 24 2 J 26 ~ mean, yoga iii r-,~a ~,:, ~~c:rs ~r.~l_c a~ we1.~ . MRo D7I~l~C}ND: Ude~.1, we`re r_es~onding to their gate papers. ~F,~' CC~II?Te Tr1e1l, isn't that a waiver? ~l-:?~ COr~~'~: Xou address what -- well, I Pave case ~.~:~w t_'zat ,sags:,, when scmeboc~y Fi~cs 1at~e ~? ied papers ar~d you respond. tt, them yot~ sa~'t fl~ waived your objection, til:t~ . ~1..?~~C~'~T1: VSe don ` t believe ~,ae ` ve waived it . l~Te`re pr~te~~-z.ng t.t~e record be:c:.ause ~_f t~.~: Coti?~t c.~t~isi::er~= it, we at: 1ea.st have=~ to :rave our re spouse to i.t. ~?u.t we're hat ask~..ng tree Cou~rvt '::c~ c,onsider ar:ything ir? acditiora to the iI~ W t ~ G~_ papers, i3~~,t our po? nt ~,.s that the ~.aurt cannot issue an injunction ~~>ic.r. ;~roul.d ettect~ a r i ~s1~ Amendment ~rotect~ve basiness witP?out .rcgua.ra.ng a bond, which we ` re w:~:am 3 ing to wdl~,rr~ r~.'l..h r°spes~t ~::~ ;=i:E' ._:i,~Lli..-,..uQ ?."hut :^f F' i"l~v~ ^rrr~~CL ,~~w u~ with tl-~e ~ar~d~_ord. `I:'hat is line w.itP~ u5. end we're going tD do the best ~~ae c~n~~ sc;:~ve the prob~.er~_ My ciiert is here, she' s act:~.nc~ in good fai-ti-~ ,. S?~;e daesn ` Iz want drug dealirxg going ozz at tr:e .te~catiaz~ ana she `s goi rzg t~ do everythi ng in her pcw2r t.G SD~~'~rn i,-3.`n }~~oblG'ITt. ~C] la7'c Wu-'i1t t0 ~E C;C3o~JGrt~t1V~. u~~e went to ~~lo~ k eazth the pr,~ ~_ce, but the las` tP,. z~g with the overcro.adi~g ~ ssuc ,aa,s phony, becaaso ~'m r:ot going tc~ get in to that, i.t' s '.~e~rcnd the scope oL the nearing today, bur_ iOr wP'ic3'~eVer ~Ct~v~{,~.Cn t?"iG-' ~lt.y hdS, we Wci~'it tD wDr'}{. ~t3~4h 37 2 4 5 I 8 9 ~0 11 12 13 l~ ZJ y r ~_ CJ 17 15 1 2 rJ ~~ ~ 22 ~3 G~ 25 2~ thc~, oa ty po_.:i CC- d~_-f~~~.rtmn~:nts . Gtr secu.~ .ty Wants tU '~ror k, they want tc7 b~ t.~s~I~:~,is~~ed to be able to be Tare aggressive wa.th the drug dealincx, which is t;~e problem. That is the problem. B'~zt the:ce's no ot.yer problem invpl.ved hare. `Z'`-i~, CC~~~T ~ Is~el ~ , T don't even t'fii nk :I. r?Ged to carsi..der the i.at~ f.1ed papers to qet to nh~re l aIn at tauay. ~~~to ~T~~il_~:H~T~~: May r speak to ti~~at'? i"~~ CC),;R~' : T.I~ a minute . ~3u.t ~ dar<' t even need t.hato B~~~t T. have. r~r;cuc;h. I_ ~~av~ plenty be~o~°e at-~.y of t1,:e '-.awa hied }`aa~~e~:s anal actually if I can.szder -- i~ 7 don`t Cansidef any late Liled. papers, yc~~x client has 1~ss in re 7pc~nse t^.a.n --- ~C mea?'~, :~ have ~..ess evidence o~ ar'~Y mitigating ~ac~,:ors by your client, i~ czori't co?~szder ya~zr client's late filed papers, sc Either way I do it, ~ feel N1R. DTAi~O~~. Well, yaur Honor -- THE CC~iJ?~.T: T feel c~olntcartable were I'In at. M~. i~:~I?~IC)?~~: vo~ar Honc~.~, we want t~~ salve --- `t'i~~' ~;~UF~'T: ~a3ait, Wait. ~~~t ate ~~.nish. ~n term,s Gt ~i?e bQI7C~`, I `Tl? not a`vvd,~e C~ cl!"]J ""' T 27eed yOLI t(J CJ1vC Ire autY~ar~.ty f:c~r that, And t'ne f=act that there is a First. -~- there might be a rust ~.mendment= activity goinc on, doesn't necessarily mealy rt--raj, ar, :~n;.unction that~a limited ar~d -- and is iri p'_a.ce j.,~~ abate a nu:~sance necessarily infringes o~°1 ~`i-r'srt: T-~r~~endr:~er~t sctiv~.~.y bcc.au:~e First F~m~rxdment ac~~.ivi~~y 3~ l rn?.ght ~e goir~c~ on t.Y~~:~:r_'e. 7_ !~ M?~. ~:- T~~~C?1~~: vo~z.r Hona?~, sae d.on' ~ want ~o 3 i n~.tpick and make °:-.E.c.rlr~ical arguments. '~Y~e bottom line is my ~ c.1.~.ent wants to solve the p.ro~~.e.~?. 'T'hat's the bottom :Line anal she is h,^re .~°~ good Faith to do tria~E.:. tiru~ =ant t'3e 6 ~ sec~,~rity to rye ab1~a ~.o be more aggressive with respoct to ~ ~ thz people ~~ozni.ne~ r; tc bc~ able to search them °w~ithout S ~ ~ getting saes' ~~or ;riz~adir?g th°ir privacy. That's ready been i 9 ~ t1~e problem. i~~ ~"~~ey +:var3`. to be able, i~ ~ney Lind -he drags tc~ ll ~~~ get riff. c~ t~c~n :ia~.~nediat~ly and no's irrpoae a Curt.her b~.~rdon ~.2 on t~~e police dep~~r_t:m~nt:. ~;speciall.y, if the pol~.re '-~ f d~par4mer~t then sags, we`re go=ng to ni11 the club for i~ ~ Z1d'~,~::rICJ ~'D CC~iCi'c Glib ~le~~ tG %f3io43 aWc~~1 C~rL7g5 t~~t yC:u'~r'e r_ ~: w~ a..L ~ec~Ca}~ ~C~rF/~t'~ tilc?t yotl' C~ ~~'1~,0'vT :>Li~'~. ~rj `~;=i. ~, ~. ~~Y.i ~i.r': V~Tc.l .1., Cal',°T. S~CUr:~tV CJnT=Scare t."?@Iii i 1 i7 ~, and keep therm and tl,rn them o~rer to tk~e policed ? sn' t that i l~ ~ a funvtion ;;~F thy, s-~c;Llrity officer? 19 ~ Mi;. DIMIC~I-i~L~f: 'I`hey're oat doing that because~f 20 ~ they ~~ere, ~r~~ wauli:~ ~~e gettir~cj the amount of drugs t~at~ we 2 i ~, gat wl~~n we go in and rr~a ke buys ar,.d we don't . 22 Ti~_~ C~U!~~`o i l~naerstand your claim is they're 2~ x:ot doing zt. F,3~.~~~~ ..i i;hey aid it, wouldn`t thutw bL 2.4 t appropriate? 25 MR. DIMTC:E~S~~: it's not appropriate fay them to _ 2~ - r:o~_d cr3ntrabar~d. '~.'r.~ey'r~; supposed to get tree police 4a ~.ak~ 39 I ~~ I ~ Y . ~ T"ri~ rCa"UP':I': 13ut i~ they --- c:~kay. If Z -- if the ~E security guard, ~:c~r. ex~:~m~:""? e, confiscates tern Vii.:.? s from, 4 these kids --- ~ r.~:!rl a laid o~: ul~.e fat C~'aian, you're saying he 5 ~ has to ca~.l ~-:he ~o:~ce r':'~cht t~'i.era. and tr,ere? Then you'r.e 6 ! gaing to have the ~~ali ce there all rAig?~t gett~..ng some -- ~] ~rt. vi)~it.~C.~i~~: `1'~!E 1JC~~ ECG' ire there alb i11C]~~. 8 ~ anyway. 9 = i Trl~ CQliRT: B~yt than. wort a~ defeats your IO j i ~ta.~~~{ase, do~~~r:~° w it? Teat cie~eats what ycu':~e sayirfg. II ~! I ~~R. ~i1:C~€'WC%?E.;T r~: What. ` 5 such a ~r~inor point that we :! 2 c:~n -- we can w o~_k r.r~at o;1e out it teat's going to be a 13 f ' stan~~aiz.ng b~oc,~ . i ca~r't see any reason Sahy it shou:l_d be. ~ 1.~ [ i ~~11. ~~r. 5he~r.~~an w:zs told i:~, dc~rs' t. ?io;,d on tc tY;e drugs 15 i E unt.i.I the end o ~ ~~he day and hush ti~e~7t. 'ire can w,rk that L 7 d ll U. l_ , :~ 7 ~i'~E CO~.1RT : ttdhat e' se d~ d you want to tell rye? 8 ~ ?~tZ. D~N;;CC°i~N r~E: I wanted to ash fir. F{im a Z9 question since he crane .i n anti a~ ect~vely test~_fied to the !. 2.0 ~ r ~,atar~ . ~7 `TNF C;OtJit`!': A~_i right. Where ~_s he? A'~l right. 22 ~!~R_ ~?I~?C?~1~~Ea :is he goin<1 to ~e sworn, ~r is 23 ~ tY2i.s not -- I 4 T~~F:, ~Gl'J~~`~ : Nor we ~ re just not -- 25 f I~i~t. ~}::[.'~LL~;Y.r`~:~.. Ail eight. L ir7 `.'t.~'~~ ~~',~ur?." ~ ~'h1 s i~ ;70~ a TC>~rt?d~ ~"1E:c~:~ 2rlc~. T ~ 4~ ~, 2 4 5 6 7 9 7~ Ci ~1 7~ ~3 14 .~ '_"1 l "ra ~. '7 ~~ 19 2Q 2i 7~ 2 :3 2~ ~J 26 just trying to g~.ti~iC.r in~ormatioz,. at this posr_t. M~. Dw~~!`TCFI~Lr~: All right. ~~~~"~ C0~7~~~: o :. dan't ware: to ,jeopardize anyi~Gdy`s rights. U~e're go~.ng ~o have a ~u11 evidentiary nearing it ~ we need +...o have t.h.at, Y~at at thzs pni:-~t I'm just looking -- I'm l.ook:i.nt~ za'r st~llations here in the short term. M~. ,~~7,.r, i CI-.rluE: Mr. K.;_rn, were you them at tl•~e theater on t~:~e 5t'', c;+~ March when '~~ze crcti~rd was n ~~he i parking 10" and the Helicopter was oveYhead.? here yo~z i there . Mkt. KTM: Yes, yes. ;`!rte, D1T~rCFI~L~.~ : Did yc~u ask Ms. Sher_Tnan to hire some mare s°^ur3_t~~ r.;tzards ~~or tha.t event? !v?~ ~).l~'_C.~-?~~.~,a. IVJy :~1r~ '~~IC ~C~Li a~}C her tv i]~..'~.e SOY? audCdS wi'lcd~i. VOLT. a.~.read~l ixrd iJ~l.u~l.{~Gh yGu d7.dT~~ ~ ~~cfv~ er'OUgh guards'? M c~, . Y.1_ IV : ~ o . 1~~. C~T1~~ICI-~~~E: Yo.~ did not? ~i~. K ~'!: '~O. T;'t`~ C'~1C1t~`.T.': Nc~? !mid he say rzo`? ~ azr sorry? ~"au reed to sp~:a:~~ u~~„ Ida? M~.. ~:~Cr~ ° ~rJe only have ;~ecuri ty at that tizr;e. u?e d.id~n`t know anl:i.l_ a.a~~er t,;~at pec~plA were showed up. N!~l. D:[?v{:i CHE~E : Sir , did you rave enough security gL2a?"d.S t0 ha,"1C1~ +.-~, t:"--,c?t~ CrO~h1d UY i~C~t '7 41 3 4 5 7 8 5 1C 1.1 i~ ~~ ~~ ~5 ~. C 1'1 ~. 3 19 2Q G n1 22 23 24 25 L T~11:t. K:~'I: vue~ Yiavcy tY~x'ee -- i+~Ro ~~"i~~:i.~i-i~~LE: ~i.r, did you ;~:~~e enough to handle that crowd or r.ot? I da~r't want to bear hog; r~~any yot~ had. ~ wur?t to hear wY~et~~er you had enough to handle ~~Y~at crowd or not witi`~out the ponce bei.~ g there? ~! I~JFt. ~Trrr~I-IE?,E: Ai 1 ra_ght. Arid did you. ask Ids. Sherman to h.i re sore more sect:~rity guards for that e~rent? r"~ i~LT~. ~r7e dozy ° t _- I~.~~. ~~':~~CC'r?Ex,r~: No, sir, did you or d~_c'xn't you ask ~s. Srie,°mar~ to Y.~_:r.a some more security g~~~ards for that ~~~~t~ N1=Z . K I1~I : N o . ( ~r~:. i~~~.~~~;nE1~r~.: you did r~oi.. Okay. i '€ NTt. I~_CMTCi-IEEE: No~J, I have -- _~~~. L)TYli_~~-iE'i~E: Plow, Z ;aar.t to speak to ~~he 1at~ i f_~1ed papers that. Mr. Ciamond keels r~:fer.r_ing to. There were +.:rao Late ,`_i.l.ed dec~_arations, one from deputy Chief i ~'re~.ta.s ar:d or?e from ]_3_e~.~tezzunt UJate~'s. ~I~~y ~rer~ died 1.atP b~:cause the N~,~.r.r„'ra 5 event o: c~~.~.rr~d after tre final. dale for Tiling gapers . ,r. this case. Every other sing?e paper in i ~C t~7' s Ca Se h~'.:5 S.%L~~"'L ~]_12C~ W1'h~il W~"it„ .:)CAC' O~ ~~v11 _?roC~fiu?"e, i which states ~ha r.ep~_,r gapers have to be fl ~ ed r?o .~_ater 42 1 than ii~~~ cc;.~;~t cRa~,1, k~e~ore the hearing. %he court -- 2 l `C';i~a (~«~~ir'.°C'_ ~1e~11, Mr. Dim:;.che1_e, are -- ~ already E i sa~ d you ml:~~;t o - :za , ... t~_e ~~ea~d me w.,er: ~ ~.o i.CI. ~ ~i fir. ~?iamard, ~ --__ ~ t T excllzded them 1- have eno:~cxh . S II A"~t. D1MiCHF:ia~,: I ~~nc:i~r~,t.ard that, your rc~nor. I 6 ? ~~:~~: I dcn't .:Like b~~a.~?q acc~.~src~ i n c~nr..t ^~~ fi~_inq ~~aper.s ~ ~ ~ at e °~han. i haven" AV done that except for the twc 8 ~ declaration: i:h~t ]'~,'~d -~- i 9 ~`;.TF C~~R:i a G~1el l , he dadn" t say al~_ of then: were 1Q 3, fate, gut i7e ~aici sc~rr~e oL ~.he~n were late. 11 1 C~'•,. D%?'~~T~~H~T,I~: Twa. 'two. 3.2 ~ T~:r Ct~CJ?~`?'; 1Snc~ his ~,rere late too. Whatever --- l~ hc;w many --- whatever tYte amount was. Ii I exri.uded all the l~ late filed ~a.;~era l.~`om ~ahornever they came, I have enough. ~a I i~~. ~ ~vi?.~:~-?3~~T~~:: 'ha21k you. kith respect to a i i -C CO ~, .~.. i _tV., ..° ~..~~; _,O~..ir''~ S at-..e2"? ~~Gi t0 _,Od~' 03 ~:r_Si=-.~.. ~7 ~ ~racedt~re ~ec~~~io_r: 99~. J2C), wi~~.ich says that if it's the ?~ ~ people of the state cr a cry they are noL required to gi~re ~.9 I a k~anu na :nat~et what any ~t:~?er statute says. 2J ~ ~:r. ~.i.:~r~c~^d has 'peen contending for years that z 2 ~ ~' ? t' s ~ cor~s~t~ tut,~o~a~ , ~~1~.~. there Y s r.~ot a single case that 22 says that that do~~~n.`t ax~p~_y a.r~ every case or state ~c>3art. ~~ ~ `I'he only tiz~~ it doesn't apply is when you`°e a.n ~pderaL 2~ court. 25 Ni;. D tir~~~ND: Your Honor, the city attorney, not G~ t't7 ~S c~e,~tl,eman ~"1F,Ce,. h'~lt ancthPr' r~erltleina:' I"'_~riled Ci~1r.~StC~7i"3er 4.3 -. 2_ 3 4 7 ~3 'a. 0 7.1 12 13 ~. y~ '. 17 1B 1~ ~} 2~ 22 23 fl 2 _ 2~ T,~~ckwoc'}d ha: argt~tci °~;ith respect to `he '~~a ,~a case, i~-~a--n-t-a, t:'~a.t we ~:.nou~c. nave requested ~: Fond under ted.eral law :gin the s`~:t~tc court and that would ha~rc das~e t~,:e t;~~cr. And since we d~d~~`t ask for a bond in the state rnL1?"t ~c3S2'~' i~r'i '~E'~E'-.`_<?,'. COT1St1tl~~:~Qa1c~.~1_ ~a~3, w''v- 'tnla~c.V2Q' tYlc~t ~'ght. ~'r;w, the su~~.r~.:rr~~~ court said `he r~ond was ir.rei_evant, hut. =ae grant to h,rot ect that issue i_n case iL ever shcu7_d r.~rise in t:he t~xt~,re. in?e understand the garrerrirr~erit code cic~e~:~ e~em~i cities dram the ~a~~ding reauirer,•ients, bu*~ use sti~am:~t that ii the injunct~o~ wo~~~~d. have an ez~ ert a" ~rio7_dt~.ng the First Amexldunt, then acco.r_dz.t~~g to Mr. Chr~~~stopher Lockwood, N1r. ~im,~..chele's ~cx~~ T~'te"~ 11"1 CI~:i?i1c'~'.p iitr« ~ ,~~ ~ u~t d ~iCl ~ uSC`, ~ '~1Q1: ~. ~,E„'d?~. 1t se~iot5lvy, '~i.e wou.~.« agrees w.~th that pasit~_on as far as 7 „u.~..d te' ~ . T~~ ~C,C1Rm; See, t_hlat kzn.d o~ stuff doesn't re~l~.y held. ~~. DTAMOV~; Okay. :3 ~1'i ~Q.~t~"r'; iJ1 eTl yaii Sdy ths.T"lC~'S .L1 ~S,Ej tl~c~t, :l.L ~ S net impressive and it really just doesl~l`t r.e]. anytr~~_ng. M~. I~~.?~Nc71~~; Okay. I `ln just saying that we want ~~ l"+CO~F'CC ti,e Y'P.C.,OYd. 'T'hc~t ~Rie Snl~T1*~' -- ~(?!~ ~i ~Or`J'~~''f . 1 ha'~ ' S L ~, rl.e . ~?[:~. D~z`,MONU: Okay. ~ndPr 1~he ~~rst Amendment., we're saying any ;~re~imirary irj:znctior would violate the ~~ 1 ~ ~'.~rst. Art?end?rEc-r:t . <~~r~,c3 we' ra say.i~}g th~~t ~~~ do~:'t agree with tine f~<vtua:! ~~r~s<nt:ri.on rr"ad.e by t'r:E~ City to "our y~ianor. ~7e E :3 di.sagr ee wit:r? .i t a E 4 ~ 'T;F~ CC~t)~2T : A~.1 right . 5 ~ P?:~_. ~~Ah',UE,~: aut to soave the problem, we're 6 ~~illing to enter i,~,:~:a the agreement that the land ~-~-- and for 7 ~ that w°e don'ts rec~'~~.aest the bond. ~3 3:i-iE CO~IR~:, Al:~ right.. With respect to any "s ~ ~ additional prr~vis~_rr~s thai~ anybody wants, or disputes, or 10 whatever, 7: ;~ecc~ ,Yo get the pa~~e~•wo~ k ~`or that by r;o ~_ater ~2 ~, M~'~. D_-.Mit~.-~~~ Eo Your .-ionor, does that need Fa be 3 i i3 in the form o:E a p.ropc~sed order or wcauld the Court --- 14 '~xl~', CoUr~'„e Or just a ~r~.~~. 15 i~~:h. vTN.~.CiiE~E: A? 1 right.. i ,,--,~1 .~.Ci i ~~:ai~ wlJ'v~~ ~IvS~ ~ ~c.~.e~. ~ QCJi1 I ~ ~ ! CeCldre~t' Q?~S . T i <Or': ` ~~ errant any ~iOre C~eC? ~~~t1.C~17S . IB Iv~R, DT'~ILC;-:~'•1~F: IJ]fC~ier'stOOd. I :L~ ~'=~E `"rJ~JR~': A brier that outlines any objections. 20 _i mean, you" )_! need to -- you should ho~.l1 exr_hange, ar a.11 21 E of ;TO=a shou7_d exchr~~~ge N~hatever ycu ~~~rant to present ~y r_o 22 i ?Ater tha:~ April Inc:.. Sa if saz~ek~ody wants to -- if the 2.3 ~ C~.'Fy Wants t.O ob_,ec~ '~e something Mr. DS_amand's prn~osec~ or_ 24 iE Mr. I~iamc~rd ?~ra~i~~ to abject to ,something Mr. Evans' ~J propoS,.d Qr iT~Ce `7E:Y:,Sa, y0:~ Cry:: a~1 pLt it ~rl orle CtOCUmerlt, 26 ol~~yo One documer3t of your oia;~. Ok:~y. 45 i 4 5 7 8 9 i0 11 ~2 ;3 ~~ 1~ ,h ~~ ~ ~3 ~9 2~ 21 22 23 24 25 2 F~ :::-;':? ~~tFi~' ~..:'_t~7 Wi~-~ ~~~'ti~rl~ ~ ';Jr12f tYlt3~ S~Vsy ~CIESe re t,~ao ~~dd..':,:i.ax~ 1, c.: c,r_d~_tiGns we'd i :~;~e grad as to t~~e coraditiar3s iUr. ~'var;s sl..iggcst, w~ abject A, ~, C. O~.ay. Same for nvEY~yb~r:dy. `~o on the end you care fax file -- or not fax file. ~~'a~ c:.~r,h~nge c.r perscna.ii y deL.z_ver or e-~~rail or_ however y~~u ~lan~-. to c1a ~_t far p?~oof of s~rv~ce of those :~ocuz-~ents. And ~h:~ra I need trlcm all ?~y ro later ~-h.~~n noor on 1=~pri~ "nth, An.r~ tY~icn ~y ~pri~ ~3t,h, I proz~lise tc get yc~u oat an order tr~r~; tA.. Court wl1..i i~apose per.dzng a ~~earu..ng nr ~~ly tz~i.a~. Now, ~ am going to order you "~~ p= e~_.~~t~..gat7 cn ztaedi.ation. Yo1? don't: have to te.1l moo nc~w i.f you wart to do it. privately, or ~.f ~>c~~a want it set up thra~,~gh the court, k~.aaU .. ;~•.i.i:l. r3c~c.d `~l:7 ;'<:now t~iat on --~- key Apr:~l 2nd. A~;d ;.~~a~.A I wi i? `iaure oat, w,.at, to da yror~ ;.Here. hnd their ~ war'xt to `~ ~`? Ls!~~ v ;.~i, ~.~G7_ia., ~.O ~Et. ~ kse'ca_r,- ~,~g. iVOWr 1i Cnl~_ 8_~„„~.: come ~~o an ac~reemF,,:,--., i~ ycu come to an. agr_eernent ar you`re ~nat objecting to ~ihat the Court arderW, then that hwar~.ng w~_11 go off ral.e::~daY and v~,~' ~.~ gust, ~aroeead to a trial. ~a' ter your d:l sccvery . Ck~ty . ~3t~t a_f there' s any issues over what C7rC~'GY c1I]C7 s0'.1tE'bG~~! zn~=.'I':u.~ c`~ ~"1P~ri1'1C7, e: T? C-'V~dC.':1~1c~~y EiEc3~~nC,E on what. ~s ~;.i.s~:in~ ~~ending a ~:ria~_, then ~`zr. ~oing to give you: that near-ir~g. z'oux' hours . T'wc~ hcurs and two hou;~s . And arc don".~ lave t~<; scat :i..t today. F~,..at af~~~~ April -- after April 9Gh, ~~hen 1 send Gut tr~~ arde:c v3~_t:h:~,I~ 1.G days, sa~:leb~dy __ rf you Want to 4 &' 3 7 a. 11 12 13 14 J. 7 i, v 17 ~. ~ ~9 2 C~ 2 ~. 22 2~ ~~ 2~ 26 TeCTUE'.S~ m )"lez:trl.i7C,i, 7'E~C;~ieS'.: ct )"]eczring. C~tt1P_Y~d152, {fie' ~~ )ia5% sat it c.n tr~.rtc~~ °~a~ th nox~rnal s::hcdule. dkay. any c~uestians? ~R, L~IIjtF~~~``~: Yesa ~?~Y we stand an the document a~.ready prG~arecl. ar.d suIarnitted to Your' 1-ic:rao~ 'may t~`~e at wo.~ ney ~C;;?" t~~e ~,ar1C~,Ord? L"~':'?'C-~. lYl czC~T~P~;~r3t SC wP ~'lc]Ve C'a0i~ilr'iG` ~u~t~lAr to ~JrL7~3C7S~. '~'~iE; COt~R'1' : Yes e Fine . That's f .~ ne . ext. CsI13~~C~1~r'~: And sc: -- `~;:{~~ CGL1,T: The: ii ti~yey s~.rbmit anyth~.ng else, yat~ can obi ~~ c:~~ o.E. w'~ at ever . NI~~. DTI!M(JI~I}: 1~~~c~k~it. So we're in agree~nert w::.th ~~a7~at has ~,eer~ pror,~.sed. Sa ynu won't get anything further t yam ---- )'~'7. ~'ilriifi~7~ ~: '""-' L'tSr Lt7i~eSS t)'le C1L.V c3t~viri~y '' ~rejJa~"~S Sv:'l~~e~r, ~nC~ t::a t {~OeS ~eya;"lc'1 t'3.']c. ~ . 1 T~F C~(~f~R`):' : Al ~ ric7YZt . Anybody elsa? i i Mi.~. DT1~~~? CHE?.~I' : i ~ 7 -- if I could ~ ust get a ~~la~i~`ica:ia:-~. ~~I~"rs going tc ~.ave the medi.atian first and t~re hearing, i.f we reed a ~r.earing after the mediatiar?? ~;"I-?~ COUR'i Yes, be;;ause I worst you a ~'. to ~e ab:Le to sit d~~wr~ „ ~; bring whoever needs to be at tree tab~e ~I and rry to x~7or..k a_~'. out Before you, yoga knaw,~aad ycaur guns and .~`~arwt fJ.:"1~1"1C~ and ~tar.t G~1~5C:a'Ve?"y c~r1Ct SQ J.. Warlt 1t t0 be qu~f,;~E.. I ~~~~~._._ it to ~e set qua c;cly. T?':e on~.y ,~l~ng ~,'rr going to nee>. d. to know ~rc~m you by t_he 7th is whe tl~aT' you' ? 1 ~7 1 do i.t privGi.~,:~.y cznCZ pick your o•s:r: person, or you. want the ! 2 C~cu rt to do ~. t: . ~ F.~:~ T "nr~rjt you to -- you kr~aw, v think it.' s ~ productive to get everytady to t~:e table who r~oeds to be tc 5 ~ tsiork out a pa_G~r~ :G.:~n~~ range to solve this. Ot~rer~,rise, 6 '' we ` re -- ya~,a know, .l. don' .t think anybody wants tG spend a 7 ? at o~ money In ;~;~uc~rney' :s fees co;ni..r~.g F~ere right .nqr ~3 because I ~:!~~~nk ww ~~~.~ wa.r:t to solve t.t~.e problem. 9 j ~c~ IE _J ~st~, need to ;~ncaw by tie "7th in yoiz?~ papers iG ~ wh.et'rier you want t. c3 do _3_t privat.~ly ar caur'i. spay°zsorec~, Find li teen ~.~ it:' s cou2_t sponsored, i ' 1:~ ; i pure it otzt;.. Rod then r2 .~ wi'~i -- ~'r~l yo:~r~.q to give you a date, just a randorr~ date ~• 13 now. 7s there o --- is there a -- there ir~ust be a C~'!~C see in i ~1~ j tni.s case alr.eaay. :i.5 ~ z~r, C.a~.~~~i~ xcuh, it's June ~5t~. ~6 THI CD~J~~`7'. _ ~ 2~t~'y. nil rial~'- Tr u tG ~`lli1:: i~ . i a% G1i.~ 17 keep tr~.~t d~~.te on t}~~e.rea Ind t~~er c;nce T d.c the order ors ~ 8 ~ the 9t~~?, you ° 1z ~~-~,vv 10 days tG~ `i.le a~~d s~:rve an ob j e^tion w9 to tie ardor or rec~~zest `or a ~fearinc~ pena.rrg a tri a1 . IL I 2G ~ dan't get th,~t, then we're j~.zst going to proceed alcrrg until 2~ sorc~etkring e_:~e haape::s until we get to tte trio-, the actual 22 trial. i 23 ~ Ni:~c. D~_~%~M~tin: V1ill the order be etfectivP upon 29 i1~s entrypare v.re ,~ia.e objections, cr will it only be 25 } e.tfectiv~ a~~ter t:h~. Couri~ considers objections? 20 ' r~"~~ ~C)L;~r~:. Na, _t wi.~.~. ~a ~:t ecti.ve upon ? is ~$ 1 3 5 6 7 8 9 ~. G ;~ 1 s?_ ~3 ~, iS ib m1 1.8 i9 2u 2~ ~2 23 2~ 75 26 entry. but `~:hc.r~ _~- y~.~l~ ~c havc a.n a~~ec`ion, T' ~1 ~e~. 5C7TriE,t.li? ~"1.~ rE;t ! iy ~'.FCi _C;:, c'111 ~:I~C~'lt. Ys r.otioc ~aai.ver~ of a.1.i vhese dates? ~'IR. C)°.:~~:~(;~-[~T~F: Yes, yo~.r ~~or~c~~.. ^~;2. ~'~J?l~C: Yes,, yo~~r_ Ho~:or. ~C„~~; CO~~~~'I': A3.1 r:i.c~.ht. ''hank you. '~~~. L1~~1`~C~~~J: 'hank you very much, yo~zr ~~onor. --000-- 2 3 5 [~ 1G ~. y ~2 ~~ _ ,L '~ ~~ 1~ ~~ 7 ~ L 19 20 ~? 22 23 2 ~i 25 _ 76 S~'_:'i:aRIO~? C:C)[RT OF TI-t~~ S'TA'T ~ O'~' C~1LT~"OR?CIA CO[;~^€_y ,.)'~ SA~i 7:Rk~A~D~'NG - SAN BEI~NARD~wNO DIVIS~~O~ DrEPA~:r['?v1~1~"I' ~-32 HOB. u~l~~~i f~. ~RANGT~,, JUvC~ r!'H~~ I~EOPLF 0~' Tiia; ~"'A`r'~ O~ L~~ ~ FC?FiNT~l, R.i,.~~~~~i~~ ~T J o S~iF;RMI~i~; ~ u a ] . , CaS~ L*,'~. C~VDS91~~~3 51A~~ O~ CALI~ORl~7IA ) f ) ss I ~ C~~~'al.i.~. R_ G~`~I~C?Zl Of~ic7_a,i RP_I~orter C~'~ t Ylp z ~ ~ r 4 ~'..1~'C i.G'~ CC?ly~i: v~ ~ i~ ~~a~:~ J~ `:u~.',_~.,rY?~.a, TOr t~l~ ~ l.Q~rlt~l' G:E ~a11 ,~ernardinQ, vciix ~Err'ic3~Ua:tI~O D:~V~ra1Cr'., dc~ ~er~~~y ~.er~:..~..~~r ~..}7at. one faJ=~'~o'ri'~ ~ac~~s rz~r:~~~erEC1 i 1 t~zro,.~gk~~ _~i~_, r~o~nprise a fu11, t.r~ue aid correct I cc~m~~ztczr-aica.ed tr~Z1,5<~L.~.,'J'f;~E711r v© tine nest o~ ~y a~il~~y, o~ ; ~^ prcce~aa.ngs f~~~ d in thz abc;~re-er~tit~.ed matter o?:~ iIJ~,~D~Y ~ARC.I-1 3(7, 2.10. 1 Dated ~Y'iis ~Si'I~ day c~ rJCI'C}~~R, ?0~0. C_ ~, }~..,~1 - - -1 ~..~ •~ O,~iic~i.a~_ Reporter, C-"~2i52 EXHIBIT 3 l.i'm8; i0 Shcr3n~^ d U cr~;ti opp 1 2 4 5 6 7 8 9 Ia 11 12 13 14 7.5 16 17 18 i9 20 21 22 2 :3 24 25 26 27 28 O am RC)GER JON DIAMOND 2115 Main Street Sa«ta Monica., CA 9Q405 State Bar Nc. 40~4~ (310)399-3259 (310)392-9029- Fax No. Attorney for Defendant Margaret Sherman, Michae~ Shermfan and Rajae Zarour d~a Tree Hudson Theater SUPERIOR COURT OF 'I'~iE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO PEOPLE OF THE S"_'ATE OF ) CASF~ NO. CIVDS 917881 CALIFORNIA, } DECZARATION OF MARGARET SHERMAN Plaintiff ) TN OPPOSITION TD MOTION ~~OR PRELIMINARY INJUNCTION vs. ) } DATE: March 10, 2010 MARGARET SHERMAN, MICHAEL ) TIME: 8:30 A.M. SHERMAN,RAJAE ZAROt7R diva ) PLACE: Department S32 THE HUDSON THEATER, ) NUDGE: Hon. Janet Frangie Defendants ) ACTION FILED: Dec. 22, 20D9 I, MARGARET SHERMAN, DECLARE AS FOZ~Z~OWS: T am the ~ri,T7Cipai owner and operator of the Hudson Theater in San Berz:ardinc and I was shoc'.~ed to receive the lawsuit in this case. The operation of the Hudson 'T`heater is an act protected by the First and Fourteenth Amendments to the United States Constitution. The ~-iµdson Theater and i have a constitutional right to continue presenting concerts (Cinevision Cnrp.r v. City of Bur~an.k, (745 F.2d 560 (19~r Cir. 1984) ) ]gut we do understand the i.rnportance of making sure that drug dealing does rot go on at the premises. 1 DEC. OF M. SI~ERMAN TN OPPOSITION TO MOTION 0R PRELIMINARY TNJt7NC'I'TON 7_/,'~.f3/-_p 1 Shcrrnan decrosco~ 1 2 3 5I 6' 7' 8 9 30 11 1L 13 ~4 15 i6 l~ 18 19 20 21 22 23 24 25 26 2 '7 28 :40am ThQ City of San Bernardino and in particular its Uity Attorney are hostile to certain kinds of businesses. The City Attorney has created the false impression twat the business is a nuisance. He has done so primarily by relying upon calls for service from one particular person who lives on the south side of the railroad tracks that divide the i-ludson 'Theater fram a residential cor~rlunitY to the south of the railroad tracks. Only ane person has been. complaining about raise and we had a trial last year. In particular my ex husband, Michael Sherman, who is a nosiness partner with me at the ,~iudson Theater, was charged with violating the Municipal. Cade with respect to noise. He had a trial. and my ex husband Michael Sherman was found riot guzlty. Notwithstanding the fact that nn noise was emanated I have done everything in my power to put in insulation.. Noise is a false issue but we have dealt with it in any event. Another major issue raised in the motion for prel.aminary injunction is the issue of curfew. The Hudson Theater complies with the curfew ordinance of the City of San Bernardino. In particular the curfew ordinance has an exemption for persons under 21 years of age or under 7.8 years of age to attend activities of an educational nature invalving the First Amendment. See San Rernardina Municipal Code Section 9.68.030. We do have educational opportunities at the theater. There is also an issue regarding the ronditicnal use per-rit. I was not aware of the violation and I will make sure from now on that the canditiona'. use permit is followed. T would agree to 2 SEC. CF M.SHERMAN IN OPPOS?TION TO MOTION; FOR PRELIMINARY INJUNCT`TON Sherman decrosopp I 2 3 4 5 6 i 8 9 10 ..~ 12 ~3 1~ i5 ?. 6 i~ 18 ]9 20 21 22 23 24 25 26 27 28 '^`J am have 4he activities c1_osed by 2:Q0 A.M. Finally, we came to the issue of drug dealing. It is impossible for concerts to prevent all dr~,ag dealing. 1t is a fact of life but we are doing a very goad job. We have our nwn security force that does a very good job with respect to intercepting drugs and preventing drug dealing and drug usage at concerts. However, when undercover police officers from the San Fernardino Police Department enter the ~_ocation they instruct our security to leave them alone and not to interfere and not to do anything regarding drug dealing. Essentially they are forced to stand by tl~ze sideline idly looking at tine police. It appears the police are more interested in making arrests than in stopping drug dealing. T'e prefer to have our own security force deal with the pa~rons because our security farces are not inhibited in any way by the Fourth. Amendment to the United States Constitution. They are permitted by law to frisk the patrons, to search triers, and to eject them, all things helping the situation. The police, unfortunately, canrfot search or frisk patrons without probable cause. Private security forces are net constrained by the Fourth Amendment. Tf the under- Cover police officers would allow the security personnel at the location to do their job the problem would be reduced or eliminated altogether. I do wish to continue my constitutional right to present concerts but of course I will not allow drug dealing and never have. I respectfully ask this ~lanorable Court to allow the security farces to deal directly with the problem and not be forced 3 DEC. OF M.SHERNiAN iN OPPOSITION 10 MOTTON 'OR PRELIMINARY 1NJJNC`I'IOiVT ~}1C1'illfll7. C7.E C'13 C~;P 2 4 5 6 7 8 9 10 i1 ~2 ]_ 3 19 15 16 17 18 19 20 21 22 23 24 25 2 ~, 27 28 ~: ; CJ 7:TE to stand by for fear of being accused of interfering with the police. rn7ith respect to the preli:r~inary injunction T think it is clearly unreasonable to shut a business down without g.v~.ng the business an opportunity to correct the problem using less drastic means available. For example, Z am. agreeable to k~~aving the business close at 2:00 A.M. instead of 4:00 A.M.. Aiso I think anybody aver 21 years of age should no~~ be allowed into the location for teenage night unless they are there to chaperon a minor. Tee Hud>on Theater does not do dance parties an a weekly basis. We have a Gotham City teen night every Friday night and we also have outside promoters coming in on Saturday and those prarnoters brir.a events just as the Prange Show does. The Hudson Theater is rented out for those special promotions. I am agreeable tc stopping private outside ~ramoters from coring in_ Tn the future I will only deal withln-house promoters where T have total control over the event that is being promoted including dress codes. Stopping the renting of the facility to outside promoters wou3.d hurt me substantially financially but at least it would. keep the doors open. The Hudson Theater probably does about 8 to IO events a year with outside promoters. The Orange Show does about 7 a year with Inso:r:rtiac events that draw about 20, C00 to 75, ~J00 people. In summary, T do not oppose a preliminary injunction that would require m~e to obey the conditional use permit and other 4 DEC. OF M.SHERNtAN IN vPPOSTTiON TC MOTION F'01R PRE T,iiviINAR`~ Z~T~vNCTION 2/18;~.D i~ 51~ern~an de~nscr.:~ l 2 3 4 5 6 7 8 9 ~. 0 TT i2 13 ~4 i5 l6 17 18 19 20 21 22 23 24 25 26 27 28 ~,: 9 Oam permits of the City bat closure of t~~e entire business, which is what the City Attorney is reguesting, would destroy me. The theater would never recover, nor wol.ld T. `This is my source of income. T am divorced and T do need to support myself. T respectfully ask this Honorable Court not to grant the type of sweeping injunction the City Attorney is see;~znc~. A modified pre~~irr;inary injunct~_on wou~.d be much more suitable and would allow me to demonstrate that the problem can be eliminated with means less drastic than total closure. Also, it would recognize my First Amendment right to present concerts and would r?ot be overbroad. 'T'he Court of Appeal will not allow cities to shut down businesses by overbroad preliminary injunctions. See People v. Mitchell, 64 Cal.App.3d 336 (:~°76} . The City Attnrney may have cast tie taxpayers of San Bernardino $i,Q00,C00 by obtaining a preliminary injunction. in Marta .~iana~ement v. City of San Bernardino, 43 Ca1.4th 400 (2008}. If called as a witness T could competently testify to tk~~e foregoing. T declare under penalty of perjury the forgoing is true and correct. ~xec~zted on February , 2G10 at Santa Monica, California. Margaret Sherman 5 I7EC. OT' M.SH~FtI`/~`~N ?~~ OT'POST?'Ip~7 ~`0 MC'I'I0~7 ~"OR ~'RELTMTivTARY IN~TU~?C'Z'Id~~ ~I~I:~I'~ 4 3/i~/1C~ ~~, 51~~rmat~ sup~gecrosc 1 3 4 S 6 7~ 8 9~ ~~ 11 12 13 14 ~5 ~' 6 ~. 7 1 f3 ~. 9 20 21 22 23 ~4 25 26 27 28 ~, ~, ',, ;~ i `;' .' ~.. RC~GFP JC7N DIAMO?~ID . , ~ ,,, ~, . _ X115 Maa.n Street . , ~ ~ Santa Monica, CA 9Q4t35 State Bar No. 4fl146 ~ ~ _. ... ;310}399-3259 (3103) 392µ9(l29- Fax No. Attorney for Defendant i'~tazgarct Sherman, Michael Sherman and Ra~ae Zarour dba The Hudson Theater SU~'ERIOIZ COURT OF THE STATE OF CALIFORNIA COC~NTY OF SAN BEF~NARDINa i'}e",OPLE OF THE STATE OF ~.A,LIF'OTLNIA, P~c~.:i.zi~iff vs. MARGARET SHERMA..N, MICHAEL SHERMAIV, RA~AE ZAROUR dba `1'HE HUDSON THEATER, Defe~daz~ts CASE NCS. CIVDS 9i 1881 5UT?T?LTMEN'1'AT.t DT~CI.,ARATIC]N OF iwaARGAT~ET SHRT~;Ai~7 ITS OPI%OSITIOi~i TO MO'I'IOl`T FQR nREI.,IMINARY INJUNCTION DATE: March 30, 2010 TIME: 8:~0 .7a.M. T?LACT~a : Depax tment S32 JUDGE : Hon . Janet 5`rar~ga.e ACTION FILED: 13ec. 22, 2009 :I , MARGA~ZET ST-TET~MAN, DECLARE AS FQLLOWS My original deol.axation was filed. with t~zia Court o~ February 22, 2011 in anticipation of the hearix~g ors. preliminary injuzlction that was pre'criausly seg. for March. 1C3, 2fl1J. On tl~e ere of t~3e previously schedu~.ed hearing date of March 10, 2010 my attoa:raey received declarations from a fire official and a police officer reg'ardirzg an alleged incident that occurred the prior ~`riday evera.a.ng March 5, 2010. It is c~.ea.r based. upon the taming tT-~at the Friday night March S, 201Q incident was orchestrated by somebody in th.e Czty to try to gain an advantage 1 __ . j l'%.r ', SUPT?LEME~TTAL DEC` . rJ~' M . SHERMAtN IN OPP . TO MOTION ~`OR PRELIM . INJUNCTION; SI'~er~niut suppGecros p 2 4 5 5 7 8 9 l €1 I1 I ~2 13 ~4 :L S ]~ ~, 17 ~. 8 19 c1 ?1 22 23 2~ 25 26 27 28 with respect to the preliminary injunction hcara.ng. I was present at the ~Tudson Theater on Friday night March 5, 2010. Friday nights are our teen nights. They are very successful and I need them to keep the business operating because I have gotten rid of the rave concerts that have been previously Wet fax' Saturday nights . I Y~a~re e~.iminat.ed Saturday night rave nights .because those were the tights that apparently were leading to drug arrests. Obviously the police department was frustrated by my abandoning saturday night rave cancertn beca.u,se they were not able to make arrests for drug dealing on ~'~`ids.y nights. Apparently the City ci~anged its tactics to try to c.lairn cave.rcx~caurdirig. On March a, 201,0 at about. 10:QQ P.M. two men who identified themsel~res as fire department employees came to the Hudson Theater and stated that they needed to see the Hud,an. Theater capacity. I directed them to cur security guards at the entra~~ce and they came back to the box office and said that the Hudson Theater was at capacity and they would have to shut the Hudson Theater down. I told then that the i~udsan `heater wa,s not at capacity a~ad I referred them. to the Fiudsan Theater computer system that trac]cs the number of patrons entering the location. The fire person asked me where our capacity permit was and 1 pointed a.t out. It was on the wall. The two officials loo}ced at it and said that. they wou~.d wa1.J~, the build~.na to ,see hc~w it watt inside. I asked them to do that so they could see far themselves that we sta.l~. had at least another 1 , 1.D0 persons to go. 'T'hat is, we were: 1, 1.00 under capacity at that time. The official came back ~.iaout 30 minutes late r. and 2 SFIP~'L:FME~TAL DEC. Off' M. SHERMAN I~ OPP. TO MOTION P'OR PRELIM. I~~'UNCTICI~ ~1~o/in 2:,epm Sh~nnan supgd~cros ~ i said "I may have been born at night but T was not barn last 2 night." I had no idea what he was talking about He then stated 3 that 1 changed the clickers and that or igiraal.l.y we had ~., G00 4 persons or sa~nething like that azz ore clicker and then moved it to 5 8'J L' . I told him I had no idea what he was talking abotat. That ~ was not true. I told the+n the only tha.ng I could go by was my 7 computer system and that nobody could get in without a ticket. I 8 told l~im to look at the ccampaters but he refused to look at them 9 grad said, "T can shut you down right nc~ur lout I won`t. I wi11 allow 10 you 500 more persons but I will need you to sigma a citation about 11 ' being over ca~rai~it`:y aid ha.'viz~g a bx"aker~ door on the side." 12 T told h:i.~t~ ~ wo'~~3.d not do that because that. was got true. I 13 told h~.m that the Hudson Theater was not cover capacity and stall 14 had at least 1, UQO persons to gc~. He wa.llCed o"ut of the box office, 15 we1~.t outside, and carne bacl~ wa.th another fire official who started l& yelling at ma and said, "that is it. We are shutting you down if 17 you are not willa.ng to cocaperate." "8 I told 1-~im that if he shut the H"udson Theater down he should 19 get ready for a big lawsuit because he was gr~ing tp start an 20 '.arlxleL,eSSa?"y r3.Ot ?1 "1'he officials then talked among thernse.lves and said they were 22 going to call far back up in order to. shut down the outside. They 23 said they would leave the persorxs inside but nobody else would be 24 able to get in. i-3hcn they got outside the crowd o+xtside was 25 getting agitated. The fire official said he stall wanted to shut 26 the place dawn.. 27 28 ~ SUPF~~MI~TAL TJEC. ~~' Ni.SHERMAN IN OPP. TO i+~iC3'~`IC3N ~'C~R PRELINt. IN~7'UNCTI St1wFn3 <r~ suop~ec~s. :~ 3 5I E 7 8 9' 10 ~. I 3. ?. 13 14 1 15 I~ I7! i8 19 20 2~I i 2 2 I~ 23 24 25 26 27 2s 56 am ~iith~_n minutes t1~ex'e were about ~~© police officers in SWAT gear ready far a riot. It is clear that this was provoked by city officials. 'T`he Hudson Theater deals wa,th large crowds every Friday night and ev°ry .week perso~.s are turned down because they cannat get in bttt we have never had a problem with crowds. ~n the past some persons wait for people to leave sa that they can get in and same of the them Leave on their own. The :Eire department ar~d the police department clearly arriY,red with the intent to shut dawn the Hods©~~ Theater. I w_lI appear at the hearing an the motion for preliminary injunction azid p~•avicae a sa~.es ana:~ysi,s of the nigr~c sY~,awir~g t~.ckets scald. I have the tickets that were taken at the daor along s~rith pictures of all the empty space ~.ras:3.de: tb.e ~~udsan Theater that na.ght. I note that the date filed declarations indicated that the fire department and the police departmezac responded alleged~.y to a call far service beat the declarations da not say who called for service. My attorney has inqu~.red as to who called for service but the declarants will. not pra^~ride the information without my attorney formally setting a depas~~ti.on. This is very expensive. All we needed to know was who called for service r~~r~ want to expose this fabx'ication. The City s_s tryi.ng to drive me out of business' by harassment. since the lawsuit was filed I have made a number of changes to the way the Hudson `T'heater is operating and have also agreed to athe~' provisions ire a proposed preliminary injunat~.on. `I"he City ~ SUPPLEMENTAL I3EC . OF' M . SHERMAN IN OPP . TC MOTIrJN FCR PRELIM . IN~7UT~~CTIOP P.~~ !;'k1F2-1~-2G~-10 0Ea«26 Fil`9 --•• --W ••••~•••~.•• •'x 2 the ~Pudson T11e. ar vr~,thout an order shutting gown the entire 3 thes,ter . 4 I asp solely dependent upon the income fxom the theater far zny 5 support. 3 E ~ I am da.vorced from my ex hus3~and Michael. Sherfria.r., who is also 7 a ca clefandar~t a.~r th~,5 case. ~ cant:ot su~v'~.ve without the theater. 8 ~ I am making chances and 'nave made changes to salve the inif.ial 9 proble~t alleq~d by the police, which was alleged drug sales. A,s 1Q stared earlier, ~ ha.ve elimina~.ed the Ssturday night rave concerts. 11 ' All. we have left are ~.he Friday night teen na,ghts plus ether events E 12 ~) that I wall try to a.rrarrg~~. 13 ~ I d~:cl.a,~e under penslty of perjury the ~orgaing is true and f 3.4 ~~ carrect. l5 executed an Maroh ~ ~ _, 2014 at n na a Califar~:ia, l & 3 'mil . ~ ~~ Marrxaret~ Sherman xs 4.~ ~s 20 2l 2 2 .' ~` 23 i 2~ 25 2 6 , 27 5 28 ,. SU.P~?~~I+'tENTA7.~ T3~~, C~" M.SH~FtMA~i ~~ OPP. `~0 MCTIC7N F`i~R PRE~~M. I~t~~,rNCTIQI~ 2 4 5 6 7 8 9 7.~ 1~ 12 ~_ 3 14 15 ~~ 17 { 18 19 20 21 22 23 24 25 6 27 28 s rA~~~ a~ cA~l~c~RMA couNT~r o~ rros ANC~r1z> PROOr cal: s~R V~cE 1 a~r~ eznpinyed an the county of los .~nf;eles, State of California, I am raver the age of i 8 and not a party to the within action; irsy business address is 21 15 Main Street, Santa Mcsnica, California 90405. nn tl~c date shown below 1 served the foregoitz.g doctunenY deseribe.d as: ~UPPL~I+~iENTAL S]ECLARAT~013 Off' MARGARE" SH~RMAN ~~7 C)~'POSZT~ON TQ MC1T~O~3' ~'Oh 1~~'tELTMIA7'A~2Y IN'UNCT~C7N on the interested parties in this action by placing a trcte copy thereof enclosed in a sealed envelope addressed as follows: Dunn DiicheEe, Deputy City Attorney Office of City Attorney 300 North D Street San Bernardino, CA 92418 R. B~°uce rlvans Stephen Jan~icson Solgmc~n, Saltsman, & Jainiesnn 426 Culver Blvd. Playa Del Rey, CA 90293 1 caused such enveEnpe with postage thereer~ fully prepaid to be placed in the United states mail at. Santa Monica,, California. Executed can March ~, 20i 0 at ,Sa~~ta Mc~~~iea, CA. I declare under penalty of perju3y, under the laws of tiZe state of California, that the f€~regoing is true and correct anti was executed at Santa Monica, California nn the ~ day of Ma~•ch 2010. JI~DiTH A. BURGDORIk EXHIBIT 5 Chapter 9.fi$ CURFIWW -- MINORS Sectio~~s: 9.68.x1© s.ss.aza 9.fi$.a3x 9.68.x4© 9.68A5x 9.68A6Q Definitions. Offenses. Defenses. ~nforcerr~ent. Penalties. Cost Recovery. 9.68.x1 x Definitions. A. Definitions. In this section: 1. CURFEW HOURS means: (a) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; (b} 12:01 a.m. until 6:00 a.m. on any Saturday ar Sunday; and (c} The period from 8:00 p.m. on the evening of the City's sponsored Market Nights}, until 6:00 a.m. the fallowing day, within fihe Market Night outdoor area and all public property located within twenty feet of the Market Night autdaar area. For purposes of this chapter, the "Market Night outdoor area" is [Rev. January 21, 211 defined as that portion of Perris Hiil Park, located between the Flood Control Channel and Perris Hill Park Road an the west and Elks Drive on the east, between Highland Avenue on the earth, and afl of the small mountain known as Perris Hiil on the south, located west of an imaginary line extended due sauth over said Perris Hill from the paint where the southernmost end of Eiks Drive becomes a private road, to the foot of Perris Hili on said hill's south side, and extending to Perris Hill Park Road. 2, EMERGENCY means an unforeseen cambinatian of circumstances or the resulting state that calls for immediate action. The terra includes, but is not limited ta, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent great bodily injury or loss of fife. 3. ESTABLISHMENT means any privately-awned place of business operated for a profit to which the public is invited, including but not limited to any place of amuseme~ t or entertainment 4. GUARDIAN means: (a} a person who, under court order, is the guardian of the person of a minor; ar, (b} a public or private agency with whom a minor has been placed by a court. 5. MINOR means any person under 18 years of age. 6, OPERATOR means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members ar partners of an association or partnership and the officers of a corporation. 7. PARENT means a person wha is: (a} a natural parent, adoptive parent, or steplparent of another person; or, (b} at least 18 years of age and authorized by a parent or guardian to have the care and custady of a minar, 8. PUBLIC PLACE means any place to which the public or a substantial group of the public has access and includes, but is eat limited to, streets, sidewalks, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shags. 9. REMAIN means ta: (a} linger ar stay; or, [Rev..lanuary 21, 2Q11] {b} fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. 10, GREAT BODILY INJURY means bodily injury that creates a significant ar substantial physical injury. (Ord. MC-1224, 5-15-06; Ord, MC-995, 6-16-97; Ord. MC-866, 4-5-93; Ord. 1915 §1, 1951.} 9.68.020 Offenses. A. A minor commits an offense if helshe remains in any public place or on the premises of any establishment within the city during curfew hours. B. A parent or guardian of a minor commits an offense if helshe knowingly permits, or, by insufficient control, allows, the minor to remain in any public place ar on the premises of any establishment within the city during curfew hours. C. The owner, operator, or any employee of an establishment commits an offense if helshe knowingly allows a minor to remain upon the premises of the establishment during curfew hours. {Ord. MC-995, 6-16-97; Ord. MC-866, 4-5-93.} 9.68.030 Defenses. A. it is a defense to presecutian under 9.68.Q20 that the minor :a~as: accompanied by the minor's pare..t or guardian; 2. on an errand at the direction of the minor's parent or guardian, without any detour or stop; 3. in a motor vehicle involved in interstate travel; 4. engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; 5. involved in an emergency; 6. on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence; attending an official school, religious ar other recreational activity supervised by adults and sponsored by the City of San Bemardina, a civic organization„ ar another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreatianal activity supervised by adults and sponsored by the City of San Bernardino, a civic organizatian, or another similar entity that takes responsibility for the minor; [Rev. January 21, 2p11] 8. exercising First Amendment rights protected by the United States and California Constitutions, such as the free exercise of religion, freedom of speech, and the right of assembly; or, 9. married or had been married ar had disabilities of minority removed in accordance with §7002 of California Family Code. B. It is a defense to prosecution under 9.68.020(c) that the owner, operator, ar employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. (Ord. MC-995, 6-16-97; Ord. MC-866, 5-4-93} 9.68.g4q Enforcement. Before taking any enforcement act'ran under this section, a police officer shall ask the apparent offender's age and reason far being in the public place. The officer shall not issue a citation or make any arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in 9.68.030 is present. (Ord. MC-Ord. MC-995, 6-16-97; Ord. MC-866-4-5-93} 9,68.()50 Penalties. A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, ar permitted. Each violation of this Chapter is a misdemeanor. (Ord. MC-995, 6-16-97; Ord. tv1C-866, ~-5-93} 9.68.g6q Cost Recovery. A. Pursuant to the authority of Welfare and Institutions Code X625.5, and when based on a finding of civil liability or a criminal conviction for a subsequent violation of Section 9.68.020 of this Chapter, when a minor under eighteen years of age is detained far a period of time in excess of one hour for a violation of Section 9.68.020 of this Chapter, and said detention requires the supervision of the minor by employee(s) of the San Bernardino Police Department, the parent(s) or legal guardian(s) having custody ar control of said minor shall be jointly and severally liable for the cost of providing said supervision and transportation far that minor; provided that they shall have first received a written warning for a first violation of Section 9.65.020, indicating that recovery of administrative and transportation costs may be sought upon a second violation. Such costs sought shall be based upon the San Bernardino Police Department Extraordinary Law Enforcement Foe Rate Schedule. Welfare and Institutions Code §625.5{d) mandates parents or legal guardians to sign and return the warning notification for any such first offense of 9.68.020 committed by any minor. A space will be provided for the explanation of any circumstances relevant to an applicable exemption from the fee as provided by W&l ~625.5(e). [Rev. January 21, 2011 ] E3. As determined by the Chief ofi Police, ar his designee, the minor, the parent(s), ar legal guardians} of a minor violating Section 9.68.020 of this Chapter may be assessed and billed for the cost of providing personnel far services relating to the detention, processing ar supervision of the minor beyond those services normally provided by the police department. The Chief of Police, ar his designee, may waive payment of all or part of the charges if the determination is made that the person has made reasonable efforts to exercise the Supervision and control over the minor, if the determination is made that neither the minor, the parent(s), ar the guardians} have the ability to pay the charges, if the determination is made to allow the perFormance of community service in lieu of imposition of the fee, or if the determination is made that the parents} or legal guardian(s) have limited physical or legal custody and control of the minor. C. Any person receiving a bill far police services pursuant to this section, may, within ten (10) days after the date of the bill, fife a written appeal with the City Clerk. Any billing sent pursuant to this section shat[ notify the billed party of the right to appeal said charges. The City Official designated by the I`Jlayar, ar his ar her designee, shall hear such appeal as the hearing officer. Such hearing shall be informal and shall not be bound by the formal rules of evidence. The hearing officer may waive payment of the charges in full or in part upon a finding of good cause. Within thirty (30) days after the hearing, the hearing officer shall given written notice of -the decision to the appellant. The requirement to pay the charges shall be stayed during the pendency of the appeal if the appeal is deniod in part or in full, all amounts due to the City shall be paid within thirty (30) days of the notice of the decision of the hearing officer. (Ord. MC-995; 6-16-97; Ord. MC-967, 5-20-96; Ord. MC-866, 4-5-93; Ord. MC-460, 5-13-85; Ord. 1915 §1, 1351; 1315 §3, 1951.) Chapter 9.69 DAYTIME LOITERING Sections: 9.69.0'! 0 9.69.020 9.69.03() 9.69.040 9.69.010 Schoc Schools Hours. Exceptions. Enforcement Violation. -I Hours. A. Minors on public streets. It is unlawful for any minor under the age of eighteen years, who is subject to compulsory education or compulsory continuation education to be or remain in or upon public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places, public buildings, school property to which they are not assigned, p#aces of amusement and eating places, vacant lots or any unsupervised place during the hours for which said minor is normally assigned to his or her school on days when said Schaal is in session. l3. Res onsibi(it of arents uardians etc. It is unlawful for the parent, guardian ar other adult person having the care and custody of a minor [Rev. January 21, 2011] under the age of eighteen years, who is subject to compulsory education or to compulsory continuation education, to permit the minor alone or in concert with others, to be or remain in or upon the public streets, highways, roads, alleys, parks, playgrounds, parking areas, ar other public grounds, public places, places of amusement and eating places, vacant lots or other unsupervised places, or any place open to the public between the hours of 8:30 a.m. and 2:30 p.m. of the same day on days when said minor's school is in session. 9.69.02© Exceptions. The provisions of Section 9.69.010 shall not apply: A. To a minor who is accompanied by his or her parent, legal guardian, or other adult person having care or custody of the minor; or, B. To students who nave permission to leave school campus for lunch or school related activity and have in their possession a valid school-issued written notice by a school official, but only for a reasonable period of time necessary tar the lunch or activity. C. To a minor who is going to or coming from his or her gainful place of employment or medical or dental appointment with verification of said employment or appointment. ©, To a minor who is upon an emergency errand directed by his/her parents, guardian or other adult person having the care and custody of the minor; E. To a minor who is going directly to or from a school sponsored event or activity such as a sporting event, field trip, or other such schoa! activity; orY ~. To a minor who is going directly to ar from an event or activity that is directly related to any medical condition of a parent, guardian or other adult person having the care and custody of the minor. 9.69.1330 Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place during school hours. The officer shalt not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, and no exception enumerated in 9.69.020 is present. 9.69.04(3 Violation. Each v'rofation of this Chapter is a misdemeanor. (Ord. MC-996, 6-16-97) [Rev. January 21, 2011 EXHIBIT 6 ---------- Forwarded message ---------- From: <Ro~Diamond~aol.com> Date: Thu, Dec 2, 2010 at 2:55 PM Subject: (no subject) To: donn.dimichele~~mail.cam Cc: mar~al~thehudsantheater.cam Dear Mr. Dimichele: In reply to your letter of November 23, 2010 there is no need for a deposition of Margaret Sherman. Simply prepare a declaration for her to sign. She will acknowledge operating the business after 12 midnight and will acirnowledge that minors are permitted to remain. Please put in the explanation that she believes the curfew ordinance does not cover minors who are attending activities protected by the First Amendment. There is no need for additional discovery or depositions. She admitted and will continue to admit that she allows minors to come to the location after 12 midnight. That is all you need for whatever motion you wish to file A deposition is expensive and time consuming. Thank you. Sincerely, RaGER SON DiAf~~ND RJD:jb cc: M. Sherman R. Bruce Evans ---------- ~'oavaarded message ---------- From.: ~Ro{~Diaanonci;c aol.coa~~~ Date: Tae, Dec 7, 2010 at 10:22 AM Saxbjcct: (a~ao s~~bject} To: donn.ciimichele~a~. >ara.ait.com Cc: r21ar o1~a~t~hehudsontheater.co~n Dear Mr. Dimichele: Apparently you are insisting upon taking the deposition of Margaret Sherman. I suggest some time in January . We can do it by stipulation. There is no need to notice her depasitian. However, I still think 'st is a waste of time. You have numerous police officers conducting undercover surveillance of the entire activity at the location sa you should be in the best position to describe what actually goes an there. If you would put forward a declaration describing the activity my client would sign it if it is accurate. This will save your client the expense involved in taking a deposition and it will also save my client a lot of money. With respect to Mr. Kirn 1 do not know who he is or what he said. !f he is one of our clients l will make him available. Otherwise you will have to give me a better description of Mr. Kim. Thank you. Sincerely, Rr~r,YFR J©~! DIAPA©R~D R.lD:jb cc: M. Sherman {Enc). EXHIBIT 7 THE. i-(UI~SGf~1 5CNC3DL 01' COfV5T1TUTlO1~l~L 1'tIGHTS At~© THE STI.~©Y OF THI BILL OF RIGHTS The purpQSe of this pamphlet is to assist in instruction of young people regarding their First Arrrendment freedoms in this country. It has come to the attention of the Hudson Theater tt;at many young people do not knave anything at aft about the Bill of Rights and their canstitutianai rights. This pamphlet will be distributed to all persons attending concerts at the Hudson Theater. The purpose of this pamphlet is to provide information regarding constitutional rights and especially the First Amendment.. Shortly after the United States Constitution was ratified in 1789 by the several states, thereby farming the United States of Arneriaa, the Bili of Rights was added to the United States Constitution in the form of ten amendments. These ten amendments were all ratified and became part of the Ganstitutian in 1791. Some persons felt that the BiIE of Rights was not necessary because the federal government was only given limited authority by the initial constitution and therefore could not violate individual rights but others were nervous and wanted tc make sure that certain fundamental rights were guaranteed and therefore the first ten amendments to the United States Constitution became part of the Constitution at the same time when they were ratifed in 1791. These fundarnentai rights were initially enjoyed by citizens of the United States of A.rnerica against encroachment by the federal government. Later after the civil war the Fourteenth Amendrrrent was adapted in 1 B58 which basically prohibits the states from denying anyone due process of law. By court decision tt~e Fourteenth Amendment's due process Clause -has essentially made the first ten amandrrients to the U, S. Constitufian (with some excep#iar,s} binding on the States and binding on cities thereby protecting citizens against state and city attempts to restrict individual freedorr~s. Our first lesson will focus on the First Amendment to the United States Constitution, which states: "Congress st;ail :,':eke na laver respecti€~g un~ establishment of religion; or prohibiting the free exercise therer~f; or abridging the freedom of speech, ar of the press; or of the right of the people peaceabty to assemble, and to petition-the government for a redress of grievances." As stated above, atthaugh techr€iaaliy the First Amendment is directed towards the federal government which rr~eans that federal authorities may not restrict individual freedoms, the First Amendment has now been extended to protect citizens against state and city oppressive conduct towards citizens of the various states The Hudson Theater is protected by the First Amendment to the United States Constit~rtion against any encrgauhrnent by the City of San Bernardino, r=rom tune-ta-time city offiiciafs, including police officers, who do oat like certain kinds of music, wit! attempt to prevent an audience from listening to certain types of music. The ccsurts gave construed the speech clause of the First Amendment to include music. See Cinevision Corp., v City of Burbank, 745 F.2d 560 j9th Cir. 1984). Rithough same persons believed that the First Amendment only protects the speaker ana not the listener or recipient or audience, that is oat the law. In Lamont v. Post Master General, 381 U. S. 3Cf'l, 85 S.Ct. 1493 (1965), the S~.rprnme Gaunt of the United States ruled that persons have a First Amendment right to receive infarrration as well as disseminate it. This was the case involving the attempt by the united States Past Office to intercept mail from corr~unist countries -Since the person sending the rr~aterial from communist country would not likely be able to carne to the United States and file a lawsuit, it was left to those persons who wanted to receive the material to file the lawsuit claiming their own First Amendment rights were being infringed. They prevailed before the United States Supreme Court, Based t~pan these authorities it i5 clear the right to listen to music is also protected by the First Rrnendment as well as the right to broadcast or present music. There is still the question of whether teenagers arzd persons under the age of ~ 8 years are entitled to be protected toy the United States Constitution. Some persons have argued that only adults are protected by the Constitution. Hovrever, in Tinker v. Des Moines An independent School District, 393 tJ.S 503. 89 S Ct 733 (1869), the tSnited States Supreme Court held that students attersding schoot cou4d wear arrn bands protesting the war in Viet Nam. The court ruled that students do not lose their First Amendment protection by attending school. There is a later case, Morse v. Frederick, 551 U.S. 393, 127 S.Ct. 2618 (2QC37) that involved a First Amendment case relating to a high school student who displayed a banner at an outdoor event. The 14 foot banner displayed by the student stated, "~JNG-Hits 4 Jesus," For displaying this banner the student was suspended and his suspension v+ras upheld by the United States Supreme Court. l~ievertheiess, it is not belseved that this case undermines the right of young people to exercise First Amendment freedoms. The i~ludson Theater will ,present more information regarding these constitutional cases and the rights of young people under the First Rmendment. T.he music well be stopped every so often to allow the £~J to explain these issues in more detail. The Hudson Theater remains comt~itted to upholding the Bill of Rights includirFg the First Amendment and v~ants to make sure that all young people who attend the concerts and erjay the music protected by the First Amendment understand their rights and comprehend the source of their rights. It is the duty of every good citizen inci~rding young citizens, to resist any attempt by the' government to violate the First Atrsendment. in other sessions additional provisions of the Bill of Rights wilt tae discussed including the right to an attorney in a criminal case, the right to be free of unreasonable searches and seizures, the right to be tree of cruel and iir~usual punishment and the right to raascnable ball. The i-iudson Theater remains carnmitted to teaching the Cc?rrstitution and especially the l3i!! of Rights to all those young people who attend the concerts. The educational aspect of the Hudson Theater will continue to play a major role in the concerts. PROOF OF SERVICE STATE OF CALIFORNIA COUi~~i'Y OF SAN BERNARDI~NO I am employed in the County of San Bernardino, State of California. I am over the age of I8 and not a party to the within action; nay business address is 300 No. "D" Street, Rm 668, San Bernardino, California. ~~- On January ~ } , 201 I, I served the fo~•egoing document described as: EXFT>I~ITS ilN S~;IMPORT OT MOTION FOR CLOSURE OF Vk.NUE PEl~TDIIVTG 'I'RIA.Ly SL~PP®RTIN~ DECLARATION OF ~OI\~N I)IMIC1IELE on the persons set forth below as follows: i0 32 13 l4 as :~ ~~ r8 t~ z~ 21 22 23 24 2J 26 2~ 2& R. Bruce Evans, Esq. Solomon, Saltsman & Jamieson 426 Culver Blvd. L.A./Playa Dcl Rey, CA 90293 (310) 822-9$48; {310) 522-3512 FAX (Attorneys for CCI Club SB LLC) Roger Jon Diamond, Esq. 21.15 Main Street Santa Monica, CA 90405 (310) 399-3259; {310) 392-9029 FAX (Attorney for Margaret Sher~-nan, Michael Sher~x~an dba The Hudson Theater} J.T. Orr II 8780 North 19t" Street, #332 Alta Loma, CA 9 ].701 (909) 944-0946 (Attorney for Rajae Zarour) X {BY IvIAII,; By plas;ing the envelope for collection and .mailing fol3owing our ordinary business practices. I a readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the Unitr/d States Postal Service in a sealed envelope with postage fully prepaid. _ (BY FAX) Based on an agreement of the parties to accept service by fax tr°ansmissian, I faxed the documents to the persons at the fax numbers listed above. No error was reported by the fax machine that I used. A copy o the record of the fax transmission, which I printed out, is attached. _ (BY OVERNIGHT) I enclosed the documents in an envelope or package provided by an overnight delivery car-~-ier and addressed to the persons at the addresses listed above. I placed the envelope(s) or package(s) for collection and over-night delivery at an office or a regularly utilized drop box of the overnight delivery carrier. (BY ELECTRONIC SERVICE). Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused the documents to be sent to the persons at the electronic notification addr-csses listed above or on the record. X {STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and co~~-ect. Executed on January ~~`~201 I at San Bernardino, California. Dan Blum. (type or print name) {signature) PROOF OF S~RVtCE 1 2 5 6 s ~~ ~~ 17 12 l3 14 IS ~~ ~~ ~s ~~ 20 2~ 2z 2~ 24 25 26 27 2s JAMES F. PENMAN, City Atta:~ey State Bar No. 91'761 JOLENA E. GRIDER, Assistant City Attorney State Bar No. 1.95289 DONN DIMICHELI, Deputy City Attorney State Bar No. 84935 300 i~Torth D Street San Bernnardino, California 92418 Telephone: {909) 384-S3SS F'acs~i~r~.ile: (909) 384-5238 Attorneys for Plaintiff PEOPLE OF THE STATE OF CALIFORNIA Na Tiling ~'ee Per Crovernment Code ,§' 6103 SUPERIOR C®URT OF THE STATE ®h" CALIF®RNIA FoR THE coUNT~ ol~ SAN ~ER1vARDII~o PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, Vs. Na.: CIVDS 91.7881 OTICE OF M®TION FOR CLOSURE OF ENLTE I~EI~'13INC "il'RIAL; 11'lEl~'I®RAIeIDUM ~F POINTS AND AU']~`HORITIES iMARGARET SHERMAN, MICHAEL SHERMAN, and RA.IAE 7AR.OUR, doing busine as THL~ HUDSON Tl-IEATER; CCI CLUB SI3 LLC; DOES 1 through. 20, inclusive, Defendants. A1~iD RELATED CROSS-ACTION late: March 24, 201.1 'ir~ze; 8:30 a. rr~. Sept: 534 edge: Ilon. John Pacheea `rial date: Jane 6, 2011 ~ctir~n filed: December 22, 2009 TO DEFENDANTS MARGARET SHERIVIAN, MICHAEL SHERMAN, RAJAS ZAROUR, AND CCI CLUB SB LLC AND THEIR COUNSEL: On 1Vlarch 24, 2011 at 8:30 a.ni. in Department S34 of this Court, plaintiff the People of the State of California, by and through Janes F. Penman, City Attorney of the City of San Bernardino (City) will, and do hereby, move the Court for closure of the venue described as "The Hudson Theater," and located at 295 E. Caroline Street, Sou Be:-~3ardino, California pending trial of this action or fu7-ther order of the NOTICE OF MOTION FOR CLOSURE OF VENUE PENDING "rRIAIa; MEMORANDUM OF POINTS AND AlJ"I'IIORITIS 1 Court. z 4 s g la 11 12 I3 i4 !S 1C 17 18 19 ?p 2I 22 23 ?4 25 ~( 27 28 This motion is made pursuant to Health and Safety Code section 11573.5(b) of the Drug Abatement Act (Health & Saf. Code, § 1.1. S70 et seq.) and the general law of nuisance (Civ. Code, § 3479-3480), on the ground that as maintained and operated by defendants, the venue constitutes a public nuisance under the Drug Abate~ttent Act anal the general law of nuisance, and the preliminary injunction issued by this Court on Apri19, 2010 has not. resulted in the abatement of the nuisance. This motion. is based an this notice, the rnemo~~ndum of poi73ts and authorities, declarations, and exhivits filed i.n support of the motion, the records and. i`iles in this action, and such other evidence as th.e Court may permit to lie presented. DATED: Ja~iuary 21, 2011 Respectfully submitted, ,TAMES F. PENMAN City Atton~ey SOLENA E. RID ,Assistant City Attor~~ey DONN DI~ICH ' , Deputy~City Attorney B y: Donn Dimichele Atton~eys for Plaintiff NOTICE OF MOTION ~'OR CLOSURE OF VEIv~E PENDING TR3AL; vTEMORANDUM OI~ POINTS AND AU`I'HORITTES 2 4 5 8 In 13 t2 ~~ 14 iS t~ t~ ~a l9 20 2i ?~ z:~ 24 25 26 2~ zs MEM®RA1~ID~IM {~F P®1<1~TS AI~TD AUDI-~®RI'~'IES I. Ill~TRODUCTI4N In December 2449, the People brought this action. to abate nuisance conditions at the Hudson Theater, anightclub/dance venue located at 295 E. Caroline Street in the City of San. Bernardino (City). The nuisance conditions included (1) illicit drug trafficking, in violation of the Drug Abatement Act, Health anal. Safety Code section 11570 et seq.; {2} juveniles in t11e venue after curfew hours in violation of City ordinances; and {3) excessive criminal activity at the venue, including agang-related homicide in May 2409, creating an excessive drain on public resources. Defendants Margaret Sherman, Michael Sherman, anal Rajae Zarour are the owners of the Hudson Theater; defendant CCI Club SB LLC is the owner of the building in which the Hudson Theater is located. In January 2410, the People moved far a preliminary injunction. to abate the nuisance conditions. The People supported the motion, in part, with more thar140 undercover drug buys made at tl~e venue by the San Bernardino Police Department {SBPD) on four dates in July, August, and November 2449. While offering no evidence whatever to refute the ~-0-plus undercover drug buys, defendant ', .Margaret Sl~enx>an, who described herself as "the principal owner and. operator of the I~udson Theater," asserted in oppositinn to the People's motion that, "We lave our own security force that does a very goad job with respect to intercepting drugs and preventing drug dealing and drug usage at concerts." (People's Exhibit 3, p. 3.) She further asserted, "I have eliminated Saturday night rave nights because those were the nights that apparently were leading to drug arrests." (People's Exhibit 4, p. 2.} According to Ms. Sherman, "All we 1~tave left are the Friday night teen. nights" {id., at p. 5), and "Obviously the police department was frustrated by my abandoning Satu~•day night rave concerts because they were not able to make arrests for drug dealing on Friday nights." {Id., at p. 2.) Ms. Sh.ennan said nothing at all. about low she planned to insure that future violent crimes like the May 2009 homicide would not recur. The Court heard the People's motion on March ~0, 201.0. Stating that it was "astounded by the al~nnunt of drugs in this facility" (People's Exhibit 2, p. 3, line 26}, the Court on April 9, 2009 issued a preliminary injunction imposing numerous conditions on the cont%nued operation of the venue. (People's Exhibit l .) one of the conditions required that all persons entering the venue be searched by ?vIEMORANDUM OF POIN"I'S AND AUTHORITIES IN SUPPORT OF MOTION FOR CI,OSURla OF VENL'~ PENDING '~ RIP.L 1 z 4 5 7 8 9 ~o } a. 12 ~~ t~ i~ ~~ ~~ is t~ zo z ~. zz 23 z~ ?.~ 2G z~ 28 security personnel and scanned with a metal detection device "to prevent the i~rtroduction of weapons into the venue." {Id.,;f 4(g).) One week after the injunction was issued, on April 17, 2010 at about 1:30 a.in., a stabbing occun•ed inside the venue, leaving the victim in critical. condition. (See Decl. of Saenz, Andrade.) The assailant advised an SBPD officer that the Hudson Theater security searched him when he entered tl~e venue, but "they rn.issed" the knife he was carz-ying. {See Decl. of Thornburg.) So rnueh far "prevent[ing] the introduction of weapons into the venue." Additional provisions of the April 9, 2010 injunction prohibited "~a]llawing the unlawful selling, serving, storing, keeping, imanufacturing, or giving away of any controlled substance, precursor, or analog on the Pre3nises" and. provided: "No narcotics or narcotics paraphernalia may be brought inside the venue." {People's Exhibit 1, ~~~ 2 anal. 4.I.) Predictably -anal notwithstanding M:s. Sherman's assurances that she had made schedule changes to eliminate the drag trafficl{ing -- this provision. proved no amore effective than the provision that was supposed to prevent weapons in the venue. Instead, after waiting nearly two months following the injunction, the SBPD conducted a fifth undercover drug operation on Friday, June 4, 2010 and made 11 buys inside the venue, from sellers wl~o included six ~ juveniles under 1~. Subse~}uently, on July 2G, 2010, SBPD undercover officers rr~ade fcur buys inside ~~'I the venue, one from a juvenile seller, during a Tuesday event attended by only 100 to 200 persons. Finally, on August 27, 2010, at another Friday event, the SBPD made seven undercover buys, two frozen juvenile sellers. (See Emon Decl.} So much for Friday "teen nights" at the Hudson Theater not being a sow•ce of illicit drug trafficking. Through all of this, Ms. Sherman has maintained alz attitude of utter defiance of the injunction. Even though Ms. Sherman was present in court on March 30, 2010 when tl~e Court announced it would be issui~ag a~~ injunction on April 9, ?01 fl (in fact, Nis. Sherman personally addressed the Court at that hearing}, and even though a copy of the inj unction, signed by the Court, was sent to her counsel, Roger Jon Diamond, on April. 12, 2010 ,when Ms. Sherman. was advised. by SBPD officers on April. 23, 2010 that the ~Iud.son Theater was in violation of the injunction, she disavowed any I~nawled~e of any injunction, smugly assez-ting, "My attorney said. you were supposed to serve ime personally." {See Peliis Decl., ~ 1S.) MEMORANDUM OF' POIN'rs AND AUTHORITIES 1T~ SUPPO'RT OF MOTION 'FOR. CLOSURE OP VENUE PIaNDINCi TRIAL Z 3 4 s s 9 1 [3 11 12 13 14 Is 15 17 IS 19 zo 2t zz 23 24 zs ?~ 2~ 2s When charged with violating the City ordinances prohibiting juveniles in the venue after curfew, Ms. Sherman with the aid of her counsel concocted a spurious "First Amendment defense" supported with the distribution of a flyer to attendees of events at the venue praclai~ning the existence of a so- called "Hudson. Theater School of Constitutional Rights." {See 1/~non Decl. and People's Exhibit 7.) Thus, to this day, large numbers of juveniles as young as 12 or 13 are routinely allowed by the 1-Iudson. Theater manage>~ent to remain in the venue past the midnight curfew. When. questioned by the SBPD, not o~ae of those juveniles has ever claimed to have been exercising "First Amendment rights." (Enron Decl., ~~ 34.) host recently, on August 28, 2(110 -the Saturday after the Friday event at which the SBPD made seven undercover dn~g buys at the venue -- the ca-owner of the Hudson Theater's private security corrlpany frankly admitted to an SBPD sergeant that his officers dial net perfor~r~ thorough searches of subjects enteri;ig the venue, because "if we do aggressive searches they get mad at us and start cussing at us." (Harvey Decl., ~; 8.) It is time for this charade to end. Health and Safety Code section 1.1573.5{b) of the Drug Abatement Act specifically authorizes closure of premises aefot'e trial "when. a prier order or injunction. does net result in the abatement of the nuisance." That is precisely wl:~at bias happened hero. The defendants have no intention of eliminating drug trafficking at the venue, or of complying with the curfew laws, because they n7ake their money by catering to a predominantly juvenile clientele of individuals wl~o relish the use of illicit drugs as part ofthcir concert-going experience. Under these circu>xlstances, the only effective means of abating the nuisance is closure of t11e venue pending trial ar a further order of the Court. The People respectfully ask the Caua-t to exercise its authority under the Drug Abatement Act and the general law ofnuisance to giant t1~at remedy forthwith. II. FACTUAL AND PR®CEIDURAL BACKGR®UND A. Events Pre-Dating April 9, 2fl10 Prelinrzinary Injulacti©n Th.e events that led to t1~e filing of this action in December 2009 and the issuance of the preliminary injunction on April 9, 2010 are set forth. in (1) the People's Motion for Preliminary Injunction .filed with this Court o~~ January 29, 2010 and {2} the People's Declarations in Support of Preliminary Injunction filed th.e same date. The People will request judicial notice of those and the other 3 MEMORANDU\~i OF POINT S A~TD AUTHORITIES Iii SUPPORT OF MOTION FOR CLOSURE OF VENUE PENDING TRIAL a. 2 3 4 5 8 10 it 12 13 ~4 ~~ IU t~ 18 t~ ?~ 21 2z 2~ 24 25 2G 2~ 28 pleadings filed in support of and in opposition to the January 29, 2010 Mntion for Preliminary Injunction, as well as the Preliminary Injunction itself. lg. Preliminary Injunction I-~eari~g -- l~arc3~ 30, 2010 After reviewing the parties' filings, the court, Judge Janet P'rangie presiding, heard the People's preliminary injunction motion an March 30, 2010. The court stated it was "astounded by the amount of drugs in this facility and what appears to be, on the face of it, and really is not -- hasn't been really refuted by evidence of the fact that, you know, the security seems lax. The kids -- kid's seem to be mingling -- minors seen to be mingling with adults. There seems to be no control over who's coining and going ar what's coming in to the place anal being trafficked." (People's Exhibit 2, pp. 3-4.) Dater itx the hearing, remarking on the number of tines SBPD officers lead to be dispatched to the venue, the court stated: "In other words, it seems to me that the City is basically providing security at a huge cost to the community far this private establishment. And. I just don't think that's fair." (People's Exhibit 2, p. 7.} The court also noted the lack of corrective action by the management, notwithstanding multiple criminal citations against them for violations of state and Local law: "And when. you get a citation. and you get multiple citations, you should know that something is amiss and ynu need to fix things. And just to, in my view, it appears to me that it's just bee~a -i't's been. on deaf ears to tl~e tenant." (People's Exhibit 2, p. 8.} Defendant Margaret Sherrx~an attended the hearing and addressed the court personally. As she did in her declarations in apposition to the motion, Ms. Sherman tried to claim she had solved the drug ~'~ pxablem by eliminati~~g "raves" and putting on only "teon nights." She stated to the court: "We're not laving raves anymore. We're having our teen nights. We're lraving the - it's a who3e different elcn~ent." (People's Exhibit 2, p. 27.) Later in the hearing, :Ms. Sherra~an assured th.e court that she was "willing to do whatever it takes." (Id., p. 33.) During the hearing, the court repeatedly advised the parties that it intended to issue a preliini.n.ary injunction no latex than April. 9, 20IQ: "... I really intend to issue soiree kind ofprehminary injunction because there's no dispute that one's appropriate, it's just the parameters of it." (People's Exhibit 2, p. 7.) "And thea~ by April 9t1~, I promise to get you out an order that the Court will impose pending a 4 VlEiIiIORANDUiV1 OF I'OiN"I'S AND AUTHORITIES IN SUPPORT OF vIOTION FOR CLOSURE OP VENUE PENDIi'~1G TRIAL 1 2 3 4 5 7 8 ~o i] 12 13 14 ~s ~~ 18 19 20 ?~ 22 23 24 ~~ 2C 27 28 hearing or any trial.." {Id., p. 45.} "And then once 1 do the order on the 9th, you'll have 10 days to file and serve an objection to the order or request for a hearing pending a trial." (rd., p. 47.) In response to a question from Ms. Sh.ennan's counsel whether the order would be effective immediately or only after the court considered objections, the court stated: "No, it will be effective upon its entry. But then if you do have an objection, 1'll set something really quick." (Id., p. 47-48, italics added.) Thus, ~Ms. Shernlan had specif c notice that an injunction was going to be issued on or before April. 9, 2010, and that it would be effective upon entry. C. Issuance of 1'reli~nir~ary Injunction - Apri19, 2011 As it lead stated it would, the court issued a preliminary injunction against defendants Margaret She~anan, Michael Sherlnan, and Rajae Zarour, the owners of the business, on Apri19, 2010. The injunction, which remains in effect, contains 38 separately-stated ten~~s, including the following: • The unlawful selling, serving, storing, lceepir~g, anufachlring, or giving away of a11y controlled substance, precursor, or analog at the venue shall not be allowed. (People's Exhibit 2,'~ 2.) • All persons entering the venue, including entertainers, and their propel-ty, must be searched by security officers and scanned with a zx~etal detector prior to entry. (Id., ~ 4(fj, (g).) • No illegal items of any kind may be brought inside th.e venue. (Id., p. ~~ 4 (h).} • No back~acl~s, purses, bags, fanny packs, satchels, duffel bags, tote bags, ar other similar storage containers are allowed inside the venue. (Id., ~ 4{i).) Had these teens been followed, the drug trafficking would ]lave abated and this motion would eat have been. necessary. Regrettably, but predictably, they were not followed. D. Near-Fatal Stabbing at Hudson Theater -April 17, 2010 It took no more than a week before defendants' cavalier attitude toward the injunction and their obli.gatian to ca~nply with it was dramatically illustrated. At about 1:30 a.m. on Saturday, April 17, 2010, SBP17 officers were dispatched to the 1-ludson Theater to investigate a reported stabbing at the venue, The victim, a 19-year-old male, was bleeding heavily and said he had been stabbed in tl~e abdomen and arn~. He was taken. to the hospital and required surgery. (Saenz Dec1., ~f~ 3-5; Andrade Decl., ~j 3.) The principal suspect, a IG-year-old male, admitted the stabbing and stated l1e had brought the s ML:MORANDUM QF POINTS AND AliTHORIPIES IN SUPPORT OF MOTION FOR CLOSURE Off` VI/NUT; PENDING TI'ZIAL 2 3 4 s s 8 to 11 ]z 13 14 is IV t~ is 1~ 2U a~ ?~ 23 24 ?s 2c 27 ?8 knife into the Hudson Theater concealed in his pants; the Hudson Theater security guards "missed" it when they searched hizn. (Tharnburg Decl., ~ 6.) ~. Mls. Sherman Claims Ignorance of the Injuucti©~z Two Weelzs After Its Issuance anti Despite Its Service on Tier Counsel -April 24, 2080 April 9, 2010, the day tl~e preli>inary injunction was issued, was a l~riday. The fallowing Monday, April 12, 2010, the People served a copy of the order granting the injunction on all counsel of record, including Roger Jon Diamond, counsel for iVls. Sherrr~an. (See Proof of Service filed with this court on April 1.3, 2010.) The SBPD assigned Officers Brian Pellis and Tiffany Emon to zx~onitor the Hudson Theater's compliance, ar lacy of compliance, with the injunction. (Pellis Decl.,1J 10.) One might have thought, since Ms. Sherman was present on March 30, 201.0 when the court announced it would be issuing a preliminary injunction on or before April 9, 2010, and since Ms. Sherman. represented to the court that she was "willing to do wllatevcr it takes" to eliminate the probleaTls at the venue (People's Exhibit 2, p. 33), that w1~en April 9 came Ms. Sherman would have been interested enough to aslf leer atton~ey if the injunction. had been. issued and what it required her to do. Similarly, one might have thought Ms. Sherman's counsel ~~jauld be concealed enough about derno,~strating his client's good faith to the court to apprise leer promptly what the injunction said so she could be sure to comply with. its terms. As it turned out, however, just the opposite occurred. Officers Pellis and Emon monitored activities at tl~e venue during an event on April 23-24, 2010. After noting numerous violations of th.c injunction, they located Ms. Sherman and attempted to advise her of the violations. Ms. Slaennan, however, disavowed any knowledge of the injunction. When. the officers showed her a copy of the injunction with the proof of service on her counsel, Ms. Sherman smirked and said., "My attorney said ', you. were supposed. to serve me personally."1 {Pellis Decl., 1.5.) Apparently, notwithstanding her avowed willingness "to do whatever it takes," Ms. Sherman not only had no interest in finding out what the injunctio>~ required of her, she was determined to remain. in ignorance of its ten~~s for as long as she '' Ironically, personal service was not even necessary. ""`To render a person amenable to an injunction it is neither necessary that he should have been a party to the suit in. which the injunction. was issued, nor to have been actually sewed with a copy of it, so long as he appears to have had actual notice."' {Feo~le ex Yel. Gallo v. Acu~~a (1997} 14 Cal.4th 1090, 1124.) ~ 6 ;vTEMORANDUM OF POI]~TTS AND AliTHORI'rT.I;S IlvT SUPPOR"T" OF MOTION >~'OR CLOSURE OP VENUL' PENDING 'T`RIAL ~ could. 2 3 4 5 I G 7 8 ~o ~~ IZ i3 14 ~s i~ ~~ 18 19 2b ~a 2z z~ ?~ ~5 ?~ 2~ 28 F. The Illicit I}rug 'T'rafficking Continues Full Force l~otvvithstanding the Pt•eliYninary I~n,~unction -.Tune Th~•ough August 2010 T11e SBPD waited. two months after the April 9, 2014 injunction was granted to resume undercover operations at the Hudson Theater, which should have been more than enough time for the venue to take the necessary action to comply with the injunction's requirements that narcotics and trafficking not be permitted in the venue, assuming the management ever intended to corr-ply. However, when the SBPD did resume undercover operations, at air event on June 4 and. 5, 2010, it was "business as usual." Tl~e undercover officers made 1.1 buys of suspected 1VIDMA (ecstasy) from sellers inside the venue that included seven. juveniles under 18. In all, the SBPD recovered 137 tablets of suspected MDMA, plus ~rsarijuana anal cocaine, in and around the venue during that event. (Enron Decl., ¶ 14; see also Decl. of 13al~er, Castro, Cogswell, 3arvis, Landeros, Silbaugh, Woolweaver for details of individual I'I sellers and transactions.) The SBPD waited another six weeks before conducting anathe~° undercover operation. at an event on. Ju,.y 20 anal 21, 2010. This weekday (Tuesday~Wednesday) event only attracted 100 to 200 patrons, but the undercover officers still made four buys, includi~?g one from a .seller under 18, and recovered 52 tablets of suspected MDMA. (Eynon Decl., ~~~ 18-19; see also Decl. of Castro, Contreras, Lee.j Six wcelcs later, the SBPD conducted its final undercover operation of 2010, at an event on August 27 and 28. Undercover officers made seven buys and recovered 30 tablets of suspected MDMA. Two sellers were under 1 S. (Enron Decl., `I`fs 20-21; see also Decl. of Honeycutt, Newton, Shank, Stewart, Woolweaver.) A 17-year-old seller, who was carrying $144 in cash. when arrested, told an officer this was his secoa~d time selling pills at the Hudson. Theater. The seller said he had brought 15 pills to the Hudson Theater to sell and had tal~en them through the front entra~lce. He said he was searched by the Hudson Theater security, "but they don't know what they're doing." (Enron. Decl., ~ 21.) C. Security Admits Their Searches Are Inadequate -August 2~, 2010 SBPD Sgt. Jeff Harvey was on duty at an event at the Hudson Theater on August 28 anal 29, 201.0, watching patrons being searched by security as they entered the venue. Sgt. Harvey saw that the searches were inadequate, consisting simply of patting down subjects' upper thighs without checking MEM:OItANDU~ OF PUIN'I'S ANI3 AUTHORITIES IN SUPPORT OP'VIOTION FOR CLOSURE OF VE1vUE PENDING TRIAL lower legs, pants, shoes ar socks. Sgt. Harvey also saw several. subjects exit the club who were then allovved by security to go back into the club without being searched, can•ying bulky objects inside that also were not searched. Sgt. Harvey then told Weon Kim, wlaa identified himself as dac owner of the Hudson Theater's private security co>npany, that tl~e searches being conducted by his personnel were ineffective. Mr. King replied, "I kr~aw. But if we do aggl°essive searches they get mad at us and start cussing at us."~ YII. .Ai~G~TI~II~' 1®IT A. The Drug Abatement Ael Speei~ca9ly A>t~thorizes Pretrial Closure'~UVi~ere a Previ©~s ®rder Has Mat Abated the I`Iuzsance. ~~ ~z 1.3 14 15 3~ ~~ i8 I9 Zu ~~ 22 23 24 2s 2~ z~ z~ The Dnlg Abatement Act, I=Iealth and Safety Code sections 11570 et seq. (Act), provides: "11570. Every building or place used for the purpose of unlawfully selling, serving, staring, keeping, manufacturing, or givil~zg away any controlled substance, precursor, or analog specified. in this division, anal every building or place wherein or upon which. those acts take place, is a nuisance which shall be enjoined, abated, and prevented, and for which damages maybe recovered, whether zt is a public or private nuisance." The Act specifically authorizes p~°et~~ial closure of prernises where an previous order intended to atzate the nuisance has not been. effective to achieve that objective: "l 1573.5.... (b) A tenaparary restraia~ing order ar injunction issued pursuant to Section 1 l S73 may iraciude closure of the prernises pending b-ial when a prior order or injunction does not result in the abatement ofthe nuisance. The duration of the order or injunction shall be within the court's discretion. h1 no event shall the total period of closure pending trial exceed one year.... . In ruling upon a request for closure, whether far a defined ar undefined duration, the court shall consider all of the fallowing factors: (1) The extent and duration of the nuisance at the time of the request. (2) Prior efforts by the defendant to co117p1y with previous court orders to abate the nuisai~cc. (3) The nature and extent of any effect which the nuisance has upon other persons, such as residents or businesses. (4) Any effect of prior orders placing displaced residents' or occupants' rent payments into an escrow account upon. the defendant's efforts to abate the nuisance. ' At an event an March 5, 2010 -- prior to the issuance of the Apri19, 20].0 injunction. but after the People's ~nntion for tl~e injunction had been filed, when tl~e Hudson Theater might have been expected to be nn its best behavior -- Mr. Kim had adrrlitted. to an 513PD officer that security were outnumbered by a large crowd at the Hudson Theater anal felt unsafe, He said lre had asked Ms. S11ezTnan to hire additional security, but she had. refused due to the cost. (Martinez Decl., ~~ 5.) Mr. King also admitted in court at the preliminary injunction hearing on March 30, 2010 that there were not adequate security officers to cantral the crowd. on March S, 2010. (People's Exhibit 2, p. 41.) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT 4F MOT ION I'OR CLOSURE OF VENUE PENDING'I'RIAL 2 3 4 s ~o ~r t? ~~ t4 15 ~~ i~ is ~~ zo ?~ zz '7 ~ 24 zs 2~ z~ 28 (5) The effect of granting the request upon any resident or occupant of the premises wbo is not named in the action, including the availability of alternative housing or relocation assistance, the pendency of any action to evict a resident or occupant, and any evidence of participation by a resident or occupant in the nuisance activity." All. of the statutory factors that apply in this case dictate closure. The drug trafficking at t1~e Hudson Theater has gong on more than. a year unabated, as shown by the undercover buys from July 2009 through August 2010. The April 9, 2010 injunction. has done nothing to eliminate or even. reduce the problem. The defendants' conduct, disavowing knowledge of the injunction. anal claiming in. declarations filed in court that tl~e problem is under control., as well as the frank admissions of their security officer, show they are not serious about frxing die problem, even with the injunction in farce. The drug atmosphere attracts undesirable elements to the venue, who then. wreak havoc on the sux~-ounding businesses, as shown by the declarations of representatives of two of those businesses filed with. the Court prior to the issuance of the April 9, 2010 injunction. (See Decl. of Fred Faridian, President, Everest College, and Luke Vasquez -General Manager, SB Raceway, filed on March 23, 2010.) Therefore, pretrial closure is amply justified by the record. B. The Act Does l~Fot I~egnire That t)he Defer~~ant ~illfuily Permit the Dreg Activity. The record in this case compellingly demonstrates that defendants not only do ~~ot take serious action to abate drug trafficking at the I3udson Theater, they willfully permit it to continue. Their security officer, Mr. I~im, acknowledged as much by conceding the officers did. not search aggxessively for fear of angering patrons. However, it should be noted in any event that the Act dons ~zot require that the owner or proprietor of the premises willfully permit the premises to be used for drug activity, or even Icnow that such activity is occurring. Instead, section 11.570 requires the abatement not only of every building or place that is "used for" illicit drug activity, but also of "every building or place wherein or upon. which those acts take place." Thus, no showing of willfulness on the part of the owner or aperator of the premises is required. C. C'tasure of the Hodson Theater is the only Effective Means Retnaini~g to Abate the Drag Nuisance at the Venue. Seven undercover drug trafficking operations at the Hudson Theater ranging from July 2009 to the end of August 201.0 have established beyond dispute that drug trafficking is firmly ensconced. in the venue. The April. 9, 2010 injunction, despite its strong language, has done nothing to induce the MEMOI2.ANDUM OF POINTS A'vD AlJ'I~HORITIES IN SUPPORT OF MOTION FOR CLOSURE OF VENUE PENDING TIt:IAi, 2 3 4 s 8 s to t~ 1.2 ~a ~~ is S6 ~~ i8 t~ 20 zt 22 23 z~ zs z~ 27 Zs defendants to eliminate or even significantly reduce the problem. Trafficking continues at full force, aid will go on unless and u~~til some meaningful action is taken. to stop it. It is not difficult to see why the injunction has had no effect. One only has to look at the evidence -subjects pernlitted to enter th.e venue with inadequate or no searches; a recognition by drug sellers that Hudson Theater security "don't l~now what they're doing"; the fi°anl~ admission by the owner of tlae security company that security officers did not conduct aggressive searches because patrons world become a~~gry with them if they did. (Decl. of Emon, °~~~j 21, 24-25; Harvey, ~~~~ S-8; Pellis, ~ la.j The drug sellers lca~aw a prime opportunity, with. a manageme~~t willing to look the other way, when they see one. When arrested, an astonishing number of them readily admit selling drugs in the venue. Traffrcking has become so well-established that it is nat even considered. risky -let alone wrong -- anymore. Under these circumstances, there can be no question. that no remedy short of closing the Hudson Theater will put a stop to the pervasive and ongoing drug trafficking that is by now commonplace at the venue. Any lesser remedy will simply mean business as usual, as long as these is money to be made by perpetuating this dismal mockery of an enterprise. And sadly, there will always be a ready market of those willing to pay for the privilege of disregarding the law, protected from detection or prosecution by a maisagen~ent that simply couldn't care less. The only question is how long the citizens of San Benlard.ino must tal.erate this assault on their comua~ity. The answer should be, "i'~'o longer." IV. C®NCL~JSI®N Eor the reasons stated, the People's mation should be granted.. The Court should order the H~~dson. Theater to be closed pending trial. or further order of the Court. Dated: January 21, 20ll 30 Respectfully submitted, JAMS . PE.. AN; Cit ttorney .~ ~ .~. ~° ~ __ Doors Dimichel.e, Deputy City Attorney Attonleys for Plaintiff MFMORANDliM OP' POINT S AND AliTH©RiTIES IN SUPPORT OF MOTION FOR. CLOSLTR~ OF V~,NUF PENI]TNG TRIAL PROOF OF SERV tCE STATE OF CALIFORNIA COLrNTY OT SAN BERNARDINO I am employed in the County of San Bernardino, State of California. I am over the age of 18 and not a party to the within action.; my business address is 300 i\Ta. "D" Street, Rm 668, San Bernardino, Cali far-nia. ~.~- On January ~~ , 2011, I served the faregaing document described as: NOTICE OF MOTION F'OIt CLOSURE OF "VENUE PENDING TI~IAL,IVI~MOI2A1~iI~UM OIi` POINTS All~I~UTII®RITIES on the persons set forth below as follows: ~o tz 33 14 15 i~ 1~ t8 i~ 20 2T z2 zs za 25 26 2~ zs R. Bruce Evans, Esq. Salomon, Saltsman & Jamieson 426 Culver ,Blvd. L.A./Playa Del Rey, CA 90293 (310) 822-9848; (310) 822-3512 FAX (Attorneys far CCI Club SB LLC) Roger Jon Diamond, Esq. 2115 Main Street Santa Monaca, CA 90405 (310) 399-3259; (310) 392-9029 FAX (.Attorney far Margaret Sherman, Michael Sherman dba The Hudsan Theater) J.T. Orr II 8780 North 19`" Street, #332 Alta Larna, CA 91701 (909) 944-0946 (Attorney for Rajae Zarour) X (T3Y 1VIAIL) By placing the envelope far collection and mailing fallawing our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspandence for :nailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelape with postage fully prepaid. _ (BY FAX} Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed above. Na error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. _ (BY OVERNIGHT) I enclosed the dacuments in an envelape or package provided lay an overnight delivery carrier and addressed to the persons at the addresses listed above. I placed the envelope(s) or package(s) for collection and overnight delivery at an affice or a regularly utilized drop box of the overnight delivery carrier. (BY ELECTRONIC SERVICE). Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused the documents to he sent to the persons at the electronic notification addresses listed above or on the record. X (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed an January ~,~~~2011 at San Bernardino, Caiifarnia. Dan Blum. (type or print name). (signature) PROOF OI~ SERVICE PLANNING COMMISSION STAFF REPORT CITY OF SAN BERNARDINO PLANNING DIVISION CASE: Conditional Use Permit No. 93-14 AGENDA ITEM: 2 HEARING DATE: January 26, 2011 WARD: 3 OWNER: OPERATOR: APPLICANT: CCI Club SB, LLC The Hudson Theater City of San Bernardino 2009 Porterfield Way, Ste. P 295 East Caroline Street 300 N. "D" Street Upland, CA 91786 San Bernardino, CA 92408 San Bernardino, CA 92418 REQUEST AND LOCATION: A request to modify or revoke a Conditional Use Permit to operate a night club at 295 East Caroline Street, in the CR-3, Commercial Regional land use district, pursuant to Development Code Section 19.36.100. CONSTRAINTS/OVERLAYS: Not Applicable ENVIRONMENTAL FINDINGS: a Exempt from CEQA, Section 15321 -Enforcement Actions ^ No Significant Effect ^ Mitigation Measures and Mitigation Monitoring/Reporting Program ^ Environmental Impact Report STAFF RECOMMENDATION: a Revocation ^ Approval ^ Denial ^ Continuance to: CUP :vo. 93-I4 January 26, 20I l Page 2 REQUESTED ACTION Staff requests that the Planning Commission revoke Conditional Use Permit (CUP) No. 93-14, a permit to utilize a 44,764 sq. ft. commercial building located at 295 E. Caroline Street as the Hudson Theater night club, based on the fact that the site has become a public nuisance. SETTING/SITE CHARACTERISTICS The subject site is a 16.2-acre multi-tenant commercial center located at the southwest corner of Caroline Street and Waterman Avenue, in the CR-3, Commercial Regional land use district. (Attachment A). CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Modification or revocation of Conditional Use Permit No. 93-14 is exempt from CEQA under Section 15321 of the CEQA Guidelines, as an enforcement action. BACKGROUND CUP No. 93-14 was approved on June 22, 1993. The approved hours of operation were Wednesday through Sunday, 5:00 p.m. to 1:30 a.m. On December 19, 2000, the Planning Commission approved an amendment to the original conditions of approval, to extend the hours to a new closing time of 2:00 a.m. REVOCATION AUTHORITY Section 19.36.100 of the Development Code authorizes the Planning Commission to modify or revoke a Conditional Use Permit if any one of the following findings can be made: 1. That circumstances have changed so that one or more of the findings contained in Section 19.36.050 can no longer be made; 2. That the Conditional Use Permit was obtained by misrepresentation or fraud; 3. That the use for which the Conditional Use Permit was granted has ceased, or was suspended for six or more consecutive months; 4. That one or more of the conditions of the Conditional Use Permit have not been met; 5. That the use is in violation of any statute, ordinance, law, or regulation; or 6. That the use permitted by the Conditional Use Permit is detrimental to the public health, safety or welfare or constitutes a nuisance. REASONS FOR REVOCATION REQUEST In December 2009, the City Attorney, on behalf of the People of the State of California, brought a nuisance abatement lawsuit in the San Bernardino County Superior Court against the operators and owner under the Drug Abatement Act (of the California Health and Safety Code) and the general law of nuisance. The lawsuit alleges that the venue is operating in violation of the CUP. operating permits, and State and City laws. On April 9, 2010, the Superior Court granted the People's motion for a preliminary injunction restricting activities at the venue, pending a trial. In ('L'P rVo. 93-i-t January 16, 10/ 1 Page 3 part, the injunction requires that the venue operate in compliance with the CUP, operating permits, State drug laws, and City curfew laws. The owner of two adjacent properties has submitted letters supporting the revocation request and citing problems with loitering, illegal parking, trash, human waste, graffiti and other vandalism (Attachment B). There is also a documented history of regular and pervasive trafficking in illicit drugs, and repeated violations,of state and local laws, generating excessive calls for public safety services, as detailed in Attachments C and D. Refer to document #4 in Attachment D, "Hudson Preliminary Injunction Notice", which contains the "Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction." FINDINGS OF FACT Based upon the attached Supporting Documents and the public testimony presented to the Planning Commission, the Planning Commission hereby finds that the use of the subject property is detrimental to the public health, safety and welfare and constitutes a public nuisance. RECOMMENDATION Staff recommends that the Planning Commission revoke Conditional Use Permit No. 93-14 based on the above Findings of Fact. Respectfully Submitted, 'i ~~-~~~~~ Terri Rahhal, AICP City Planner Approved for Distribuyi~on: :1 i' ~' r ~1 ~.~.~ M. M /go Wheeler, AICP Community Development Director Attachment A Location Map Attachment B Letters from Portugal & Neal, LP and P and N Investments, LLC Attachment C Index of Supporting Documents Attachment D Supporting Documents (Distributed on CD) ATTACHMENT A CITY OF SAN BERNARDINO PLANNING DIVISION PROJECT: CUP 93-14 LOCATION MAP NORTH HEARING DATE: 1 /26/2011 a -~ rn 7v 3 D Z rn REDLANDS BLVD ATTACHMENT B Portugal ~ Neal, LP P.O. Box 279 Bryn Mawr, CA 92318 909 645-9939 (cell) 909 793-3517 (phone & fax) Email: rne.~lclune~~uaul.t~r~m )anuary 14, 2011 Planning Division City Hall 300 North "D" Street San Bernardino, CA 92418 RE: Conditional Use Permit No. 93-14 This letter is in response to the meeting to be held on Wednesday, January 26, 2011 at 7:00 PM. I am unable to attend and writing this statement regarding my properties located adjacent to the subject property. My commercial property is located at Waterman Ave., Redlands Blvd. and Caroline St. It consists of approximately 90,000 sq. ft. of rental space. On numerous occasions in the past we have had our parking lots inundated with trash, urination, defecation and vomit. Windows have been etched and broken, needing to be replaced. GrafFti is more prevalent and requires immediate attention. I have signs posted, as required by the city, to alleviate loitering and illegal parking. When the club hosts functions, my parking lots are filled and the loitering involves the use of alcohol and drugs as evidenced by the trash and garbage left behind. All these actions ad additional cost to both myself, the tenants, and the city. I am in favor of revoking the permit in order to facilitate safe and sanitary conditions for my tenants and the surrounding area. .--; Rich Neal S ., ~, _ .~ Portugal and Neal, LP ~~ ~~L~- ~, ~, ~' ~ ~~ ~ ; ~ ~ J ,~, , t ~ ~~ 1A,v ~ ~ ~~ 1_'~ 'I r4 7f ~, ~ ~ . ,~:: p,`,G ,~- r P and N Investments, LLC P.O. Box 279 Bryn Mawr, ~ CA 92318 909 645-9939 (cell) 909 793-3517 (phone & fax) Email: rne4ittlun~s~ds~~~i.ren~ January 14, 2011 Planning Division City Hall 300 North "D" Street San Bernardino, CA 92418 RE: Conditional Use Permit No. 93-14 D ~ ~ f ~ [ ~ } J ~~ `-I 'a~~, < an _~ ~ ~ ~~=r ~S This letter is in response to the meeting to be held on Wednesday, January 26, 2011 at 7:00 PM. I am unable to attend and writing this statement regarding my properties located adjacent to the subject property. My commercial property is located at Waterman Ave., Redlands Blvd. and Caroline St. It consists of approximately 30,000 sq. ft. of rental space. On numerous occasions in the past we have had our parking lots inundated with trash, urination, defecation and vomit. Windows have been etched and broken, needing to be replaced. Graffiti is more prevalent and requires immediate attention. I have signs posted, as required by the city, to alleviate loitering and illegal parking. When the club hosts functions, my parking lots are filled and the loitering involves the use of alcohol and drugs as evidenced by the trash and garbage left behind. All these actions ad additional cost to both myself, the tenants, and the city. Most recently, The Donut Star was a point of focus in the San Bernardino Sun newspaper regarding loitering and the large amount of under-aged people at the weekend event. The Donut Star is one of my tenants. I am in favor of revoking the permit in order to facilitate safe and sanitary conditions for my tenants and the surrounding area. J Rich Neal P & N Investments, LLC ATTACHMENT C CD TABLE OF CONTENTS 2. CUP 93-14 3. CUP 00-17 (Amended Conditions for CUP 93-14) 4. Hudson Preliminary Injunction Notice, Points and Authorities, Order 5. Hudson Order-Granting Injunction 6. Hudson Declarations 1 1. Officer Anthony Castro 2. Officer Elizabeth Contreras 3. Officer Janie Cozine 4. Officer Tiffany Emon 5. Officer Richard Everett 6. Assistant Chief Mark Garcia 7. Officer Jennifer Kohrell 8. Officer Ricardo Landeros 9. Officer Jose Loera 10. Officer Ernest Luna 11. Terri Rahhal 12. Officer Anna Stewart 13. Gerald Williams 14. Lisa Williams 7. Hudson 2"d Set of Declarations 15. Officer Gerald Beall 16. Officer Joshua Cogswell 17. Officer Toby Reveles 18. Officer Arturo Reyna 19. Officer Joseph Valdivia 20. Officer Jesus Vega 21. Officer Anthony White 8. Hudson Reply Declarations 3-3-10 22. Deputy City Attorney Richard Luczak 23. Sgt. Randy Wilson 24. Sgt. Rob Young 9. Hudson Supplemental Declarations 3-8-10 25. Lt. Gwen Waters 26. Deputy Fire Chief Mat Fratus 10. Hudson Supplemental 2 Reply Declarations 3-23-10 27. Fred Faridian -President, Everest College, San Bernardino Campus 28. Officer Ernet Luna -San Bernardino Police Department 29. Luke Vasquez -General Manager, SB Raceway CD TABLE OF CONTENTS Page 2 . 11. Hudson Motion for Closure, Points and Authorities 12. Hudson Exhibits Re Closure Motion 1. Order Granting Preliminary Injunction, filed April 9, 2010 Z. Certified Reporter's Transcript of Hearing on Motion for Preliminary Injunction, March 30, 2010 3. Declaration of Margaret Sherman in Opposition to Motion for Preliminary Injunction, filed February 22, 2010 4. Supplemental Declaration of Margaret Sherman in Opposition to Motion for Preliminary Injunction, filed March 18, 2010 5. San Bernardino Municipal Code, Chapter 9.68 -Curfew 6. Email message from Roger Jon Diamond, Esq. acknowledging Hudson Theater Allows minors on premises after curfew 7. Constitutional law flyer distributed at Hudson Theater 13. Hudson Declarations Re Closure Motion 1. Officer Edward Andrade 2. Officer Brent Baker 3. Officer Anthony Castro 4. Officer Joshua Cogswell 5. Officer Elizabeth Contreras 6. Reserve Officer Michael Eckley 7. Officer Tiffany Emon 8. Sergeant Jeff Harvey 9. Officer Andrew Honeycutt 10. Officer Shaun Jarvis 11. Officer Ricardo Landeros 12. Officer Edward Lee 13. Officer Dominick Martinez 14. Officer Ronel Newton 15. Officer Brian Pellis 16. Officer Anna Stewart 17. Officer Serbando Saenz 18. Officer Jesse Shank 19. Officer Kevin Silbaugh 20. Officer Ryan Thornburg 21. Officer Patrick Woolweaver