HomeMy WebLinkAbout32- Police CITY OF SAN BERN- )INO - REQUEST P 1• COUNCIL ACTION
From: Daniel A. Robbins Subject: Appeal of Decision by
Police Commission to deny
Dept: Police operator ' s permit - Desert Inn
Date: 03/09/93
Synopsis of Previous Council action:
None
Recommended motion:
The Mayor and Common Council uphold the decision of the Chief of Police
and Police Commission to deny an operator' s permit for Jack and Linda
Liao to operate the Desert Inn Motel.
ignature
Contact person: _ Lt . D. Snell Phone: 384-5655
Supporting data attached: Yes Ward: 1
FUNDING REQUIREMENTS: Amount: 0 Source:
Finance:
-ouncil Notes: y �" A4 f
75-0262 Agenda Item No.
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CI'T'Y OF SAN BERN INO - REQUEST V_ F COUNCIL ACTION
STAFF REPORT
The application of Jack and Linda Liao ( aka Wen-Hsuing and Lo Tsai Liao )
for a permit to operate the Desert Inn Motel , conforming to San Bernardino
Municipal Code 5 . 82 , was recommended for denial by the Chief of Police. A
hearing regarding the denial was brought before the Police Commission on
November 30 , 1992 .
During the hearing, Jack and Linda Liao were present and represented by
Attorney Sing Chang. The Police Department was represented by Frank L.
Rhemrev, Deputy City Attorney . The Police Commission , after hearing the
testimony and examining the proofs presented, denied the appeal of Jack
and Linda Liao and upheld the decision by the Chief of Police.
During the hearing, the following findings were presented:
1 - Mr. and Mrs . Liao obtained the Desert Inn in 1980 and operated it
approximately 7 years .
2 - In 1987 , the city adopted San Bernardino Municipal Code 5 . 82 , which
requires operator ' s permits .
3 - All current owners , including the Liaos , were grandfathered an opera-
tor ' s permit .
4 - On December 8 , 1982 , Jack and Linda Liao had each plead Nolo Contendere
to charges of Penal Code 664/316 , which is attempting to keep or
keeping a disorderly or assignation house ( a plea of Nolo Contendere
has the same effect as a guilty plea ) .
5 - In July 1992 , Jack and Linda Liao reacquired the property and applied
for an operator ' s permit. During the interview for the operator ' s
permit by Community Service Representative R. Harps , Mr. Liao twice
denied ever being arrested or convicted.
6 - From August 1984 to February 1988 , there were 82 incidents to which the
Police Department responded. These incidents included assaults ,
thefts , robberies , burglaries , drugs , stolen property , and prostitu-
tion . All occurred on the business premise of the appellant and were
related to the method and manner the appellant operated his business .
7 - Mr. and Mrs . Liao also own and operate the Seven Crowns Motel in the
city of Orange. Mr. and Mrs . Liao' s desk clerk at the Seven Crowns
Motel rented a room for one hour to a San Bernardino police officer
after being told the room was for prostitution.
San Bernardino Municipal Code Chapter 5 . 92 says an operator' s permit will
be issued only upon finding that:
"The applicant has not been convicted of any felony or crime of moral
turpitude or been found in violation of laws or a regulation in a govern-
mental quasi-judicial proceeding when the facts underlying such proceeding
or conviction show a nexus between the crime or violation and the par-
ticular business operations or indicate the lack of qualities essential to
protect the public health, safety and welfare in operations under the
permit . "
5-0264
"There were not prior significant arrests or police investigation concern-
ing sexual misconduct , illicit drug transactions , "fencing" activities or
related crimes occurring on and related to the operation of the business
premises of applicant . "
"The applicant has not knowingly made any false , misleading or fraudulent
statement of fact in the permit application process , or on any document
required by the City in conjunction therewith. "
CONCLUSIONS
It was found that:
Both Mr. Jack Liao and Mrs . Linda Liao have been convicted of a crime of
moral turpitude and they have significant prior arrests or police investi-
gations concerning sexual misconduct , illicit drug transactions and related
crimes in and around the Desert Inn Motel during their ownership and Jack
Liao, in the application process , denied his arrest and conviction. Due to
the previously listed reasons , Jack and Linda Liao do not qualify for an
operator ' s permit.
Attachments are available in the City Clerk' s Office.
Minutes of Police Commission meeting
Police background investigation :
Operator ' s permit application
Police report
Memo by Lt. Jarvis
Letter from City of Orange
Prior conviction docket
Computer printouts and miscellaneous information
1987 application
CITY OF SAN BERNARDINO
MISCELLANEOUS CASH RECEIPT V 657188
Date
2 /26/93 1 9 ACCOUNT NO. AMOUNT
Received From
Jack Liao — a �'> 7 C- 001-41304 175 .00
The Sum of Seventy-Five---------Dollars 00 Cents
For appeal fee
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Department dj City Clerk
TOTAL 75 .00
By
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M I N U T E S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
1. CALL TO ORDER. . . . . .
The meeting was called to order by Vice Chairman Thomas at
6: 35 p.m.
2 . PLEDGE OF ALLEGIANCE. . . . . .
The pledge was led by Commissioner Rankins.
3 . ROLL CALL. . . . . .
Present Absent
Eugene Boisvert Dan Torres
Ira Bracken
Al Fletcher
Barbara Nettles
Roger O'Campo
Jerri Rankins
Dave Thomas
Robert Vega
Dan Westwood
4 . PLEDGE OF ALLEGIANCE. . . . . .
Commissioner Rankins led the pledge of allegiance.
5. APPROVAL OF PREVIOUS MINUTES. . . . . . None - no quorum.
6. CORRESPONDENCE. . . . . .
Letter dated October 29, 1992, from Steven G. Bonneville.
Commissioner Rankins moved that the Commission postpone
responding to this letter until the December Police Commission
meeting.
PRIDE
IN
P O S T O F F I C E BOX 1 5 5 9 PROGRESS
S A N B E R NA R O 1 N O 4
C A L I F 0 R N I A 9 2 0 0 1 1 5 5 9 7 t • ! 3 • • - S 7 1 t
7. OLD BUSINESS. . . . . .
None.
8. NEW BUSINESS. . . . . .
Appeal of the Police Department's denial of a business
operator's permit for the Desert Inn Motel, 607 W. Fifth
Street, San Bernardino, Jack Liao, owner.
8. NEW BUSINESS. . . . . .
Frank Rhemrev, Deputy City Attorney, appeared on behalf of the
Police Department. Mr. Rhemrev stated the matter was a
relatively simple matter relating to a denial of an operator's
permit. The Commission received both the Department's brief,
as well as the appellant's brief. Mr. Rhemrev called Robin
Harps to testify.
Ms. Harps was sworn in by the recording secretary.
In response to questions by Mr. Rhemrev, Ms. Harps stated the
following:
Her job title is community service representative II, assigned
to the Vice Department. As part of her duties she is assigned
to conduct investigations of applications for operator's
permits. She was assigned the application for Mr. Jack Liao.
Ms. Harps set up an interview with the applicant on 8/4/92.
During that interview, she went through a set of questions
with the applicant. When asked, Mr. Liao replied he had never
been arrested. Ms. Harps went over various businesses Mr.
Liao had, including the 7 Crowns Motel in the City of Orange.
Mr. Liao is also part owner of a trailer park in Hemet. Ms.
Harps went over with Mr. Liao police concerns for the area.
This particular area included narcotics, prostitution, etc.
Mr. Liao was given a copy of Municipal Code 5.82, which
relates to his operator's permit. This spells out the
responsibilities of the applicant, as well as different phases
the Police Department goes through in their investigation.
Ms. Harps contacted the Orange Police Department. Ms. Harps
ran a records check on the applicant and the location. Mr.
Liao had been arrested for keeping a disorderly house in 1984 .
Ms. Harps asked him twice about the prior conviction. Mr.
Liao replied no he had never been arrested both times. Ms.
Harps confronted Mr. Liao with the fact that he had a prior
conviction and she had the documentation to back it up. Ms.
Harps asked again what happened, and he replied that it was
his wife that had been arrested. Mr. Liao did not at anytime
admit to the fact that he had a prior conviction.
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M I N U T E S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -3-
8 . NEW BUSINESS. . . . . .
Ms. Harps talked to Detective John Moore at the Orange Police
Department. She discussed the fact that Mr. Liao operated the
7 Crowns Motel which is located in Orange. The Orange Police
Department indicated that this particular motel had a higher
rate of calls for service than other motels in their city.
The sergeant sent Ms. Harps a letter regarding what kinds of
calls for service they were. They included suspicious
activities, drunk or drugged adults, marijuana, trespassing,
repossessed vehicles.
Mr. Rhemrev stated the investigative report drafted by Ms.
Harps is a part of the package, as well as the August 7th
letter from Sgt. Bob Green from the Orange Police Department.
Ms. Harps visited the 7 Crowns Motel, accompanied by Detective
Spindler. Ms. Harps stayed in the car, and Detective Spindler
went inside and asked the clerk if he could obtain a room for
an hour, and if so, how much would it be. The clerk said it
would be $20. Ms. Harps did not have any conversation with
the clerk until afterward.
Detective Spindler advised Ms. Harps he was successful in
obtaining a room. He said he went in, told the clerk he had
picked up a hooker, and asked her if she recognized Ms. Harps.
The clerk said no. Detective Spindler repeated to the clerk
a couple of times that he wanted to make sure he wouldn't get
in trouble and just wanted the room for an hour. This took
place on 8/19/92 .
While in the City of Orange, Ms. Harps obtained copies of
reports that had occurred at the 7 Crowns Motel location.
These reports mentioned suspicious activities and drunk or
drugged adults. One incident described someone had broken
into a room. The Police were called to remove them because
they were trespassing. Ms. Harps could not remember the
specifics.
Ms. Harps contacted Lieutenant Jarvis regarding the Desert Inn
in San Bernardino because he is the area commander for the
Desert Inn. Lt. Jarvis wrote a memo in regards to the Desert
Inn and how Mr. Liao conducted the mousiness when he was the
owner previously. Mr. Rhemrev said the memo from Lieutenant
Jarvis is dated August 19, 1992, and is also a part of the
package. Ms. Harps compiled a computer printout of the Desert
Inn's location for the period of 1984 to 1988.
E S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -4-
8. NEW BUSINESS. . . . . .
As part of Ms. Harps' investigation, she discovered that on
February 26, 1987, Mr. Liao received a letter from Donald
Burnett, Chief of Police at the time, that the Department had
become aware of prostitution occurring at the Desert Inn
Motel. Mr. Rhemrev stated that letter is also made part of
the packet and is addressed to Jack & Linda Patel.
Ms. Harp does not know why there is a discrepancy between the
names listed on the letter, Patel and Liao. To the best of
her knowledge, Jack & Linda Liao were the owners of the motel
at the date this letter was written, February 26, 1987.
Mr. Liao previously applied for an operator's permit in 1987.
Mr. Liao had to apply for the operator's permit because in
1987 the Municipal Code that called for an operator's permit
was enacted. At that time, anyone operating a business was
grandfathered in. Prior to 1987, there were no operator
permits required for motel operators.
Mr. Liao sold the motel in 1987 . The owner of the motel was
possibly Mr. Chan.
Mr. Liao told Ms. Harps that the previous owner had gone
bankrupt so he got the motel back. As a new owner, he had to
apply for an operator's permit. That was the purpose of the
interview/investigation when he applied for the operator's
permit.
In response to questions asked by Sing Chan, the attorney
representing Mr. Liao, Ms. Harps related the following:
Ms. Harps compiled the recommendation on page 3 . Ms. Harps
referred to the computer print out and Lt. Jarvis' memo when
compiling her recommendation.
Mr. Chan attempted to question Ms. Harps regarding incidents
listed on the computer printout for the location of the Desert
Inn. Mr. Rhemrev objected stating Sgt. Tull would be able to
answer the questions. Objection was sustained.
It was noted that the computer printouts do not indicate who
caused the police problems.
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M I N U T E S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -5-
8 . NEW BUSINESS. . . . . .
Ms. Harps affirmed that when she referred to short-term rental
practice continuing in Mr. Liao's operations, she was
referring to the incident in Orange County at the 7 Crowns
Motel specifically, and there were no other incidents that she
was referring to.
Ms. Harps stated Detective Spindler talked to the clerk. She
did not speak to the clerk until afterwards.
Ms. Harps stated the clerk's English was okay.
Ms. Harps does not remember checking the clerk's
identification. Ms. Harps said the clerk said she had been at
the motel about a month.
Mr. Rhemrev questioned Ms. Harps again, and Ms. Harps
testified to the following:
When she compiled information, she compiled the information
from many sources, computer printouts, actual interviews with
other police departments, an interview with the applicant,
interviews with other members of the San Bernardino Police
Department. Her recommendation is a police recommendation and
not necessarily her recommendation. Ms. Harps' recommendation
is based upon input from a lot of sources.
Detective Robert Spindler was called as a witness to testify.
He was sworn in and related the following in response to
questions by Mr. Rhemrev:
Detective Spindler is a detective assigned to the Vice
Investigations Unit. Detective Spindler assisted Robin Harps
in her investigation of the Desert Inn. He accompanied her to
the 7 Crowns Motel in the City of Orange. Detective Spindler
stated he entered the office area of the motel while Ms. Harps
remained in the car. He contacted the on-duty clerk, asked
her how much it would cost to rent a room for an hour. He was
told that it would be $20. During the course of the
conversation, he mentioned to the clerk that he had a hooker
in the car, that he had just picked her up, and he asked her
if she recognized Ms. Harps. The clerk looked outoide and
then informed him that she did not. She then rented him the
room for $20. Throughout the entire conversation, it was his
impression that he made it quite clear to the clerk the
purposes for which he was renting the room. The conversation
was recorded and is on tape.
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M I N U T E S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -6-
8 . NEW BUSINESS. . . . . .
Detective Spindler signed a registration card. He then left
the office area, proceeded to the rented room, at which time
Detective John Diaz and the Detective from the city of Orange
entered the office and made contact with the occupants.
At that time, the Orange Police Department took no law
enforcement action. Detective Spindler does not know if
action was taken at a later date.
Detective Spindler did not have any significant conversation
with the clerk after the incident.
It was apparent to Detective Spindler that the clerk was able
to understand the English language.
Detective Spindler did not speak to anyone at the business
aside from the clerk.
Detective Spindler said Linda Liao was at the motel at that
time. At the time the transaction took place, Detective
Spindler believes she was in the back room. She was not in
their immediate presence as Detective Spindler did not see
her.
In response to questions from Mr. Chan, Detective Spindler
stated the following:
He did not ask for the clerk's identification.
The clerk complied with what Detective Spindler was asking her
to do in terms of looking at the occupant of the vehicle. She
readily did this as if she understood completely.
In reviewing the tape recording, Detective Spindler assumed
that she understood the expression "hooker. "
After renting the room, he had no further communication with
the clerk. Mrs. Linda Liao was not within the counter area at
the time he rented the room.
Detective Spindler does not know what the regular room rate is
at the 7 Crowns Motel .
M I NUT E S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -7-
8. NEW BUSINESS. . . . . .
Lt. Stephen Jarvis was sworn in and gave the following
testimony:
Lt. Jarvis was contacted by Robin Harps to assist in the
Desert Inn investigation. Lt. Jarvis stated he is familiar
with the Desert Inn Motel and the general location in which it
is located. Over the years Lt. Jarvis and Mr. Liao have
spoken a number of times.
Lt. Jarvis stated he has been a policeman in the city for 21
years. The last 10 or 12 years have been devoted to the
central portion of the city.
During the period of 1984 Lt. Jarvis was a field sergeant
assigned to the central portion of the city which encompasses
the motel. In 1986, he was transferred to the Narcotics Unit,
and he worked a street task force buy team, predominantly out
of the central portion of the city of San Bernardino. This is
in the same general area that the Desert Inn is located.
Lt. Jarvis drafted a memo at the request of Robin Harps for
this investigation.
Mr. Rhemrev stated this memo is part of the package and is
dated August 19th from Lt. Jarvis to Lt. Snell via the chain
of command regarding the Desert Inn Motel.
Regarding the second paragraph of this memo, officers would
run hookers and vagrants off the street corner, and they would
have keys to the motel . Officers would go to the business on
disturbances, fights, suspected drug sale calls, either in the
rooms or in the parking lots. The rooms were, overall, kept
in poor repair. There was open wiring; on the bottom floor
there was water seeping from the roof; there were open
electrical circuits and switch plates; people using hot
plates, cooking in the rooms. These are all violations of
either state, federal or municipal codes.
In the third paragraph of the memo, Lt. Jarvis states that
Jack Liao allowed rooms to be rented to anyone that had the
cash.
I I N U E S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -8-
8. NEW BUSINESS. . . . . .
When drafting this memorandum, Lt. Jarvis remembered two
particular incidents. There was a 15 year old runaway from
Rialto. He took some money from his mother or father. He
rented a room for four or five days at the Desert Inn. The
youngster told Lt. Jarvis he paid cash, and he did not have to
show any identification.
When Lt. Jarvis worked narcotics, he spoke with two youngsters
who had a room there. One was 15 and the other was 16 or 17
from Orange County. They allowed officers in the room. The
older of the two had rented the room. They had been there for
over a week. They admitted they were dealing cocaine/crack
out of the room. No identification was shown when they rented
the room. Officers had to verify identification out of Orange
County.
As a uniformed sergeant, one of Lt. Jarvis' duties was to keep
the streets as clear and clean as possible of prostitutes.
During this time, Fifth & F was the central portion of the
problem. A good portion of the time prostitutes had keys for
rooms at the Desert Inn.
Conversations with prostitute revealed that it was common
knowledge that they could get a room for an hour or two at the
Desert Inn.
In paragraph four of Lt. Jarvis' memo he states when Mr. Liao
sold the motel it was clean and the largest portions were
habitable. He is referring to the municipal code, and housing
violations as well as the overall facade of the motel. This
was about the time community-oriented policing came into
being. Government overall, especially the Police Department,
started looking more toward being proactive rather than
reactive. He knows that the Vice Unit was very active in
enforcing codes, and a number of City agencies were pushing to
clean up a number of the motels downtown that were causing
problems.
It is Lt. Jarvis' opinion that the change to the Desert Inn
Motel was due to actions by City government as opposed to Jack
Liao.
Lt. Jarvis' feels very strongly that if Mr. Liao was allowed
to operate the Desert Inn Motel that it would cause problems
in the downtown area.
M I N U T E S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -9-
8 . NEW BUSINESS. . . . . .
In response to questions from Mr.Chan, Lt. Jarvis stated the
following:
Lt. Jarvis is familiar with the Desert Inn Motel run by Mr.
Liao. Lt. Jarvis has spoken to Mr. Liao on a number of
occasions. Lt. Jarvis can recall a couple of instances when
he talked to Mr. Liao. As far as a specific day and a time,
Lt. Jarvis cannot recall.
Lt. Jarvis stated he made contact with prostitutes, and they
would run into the lobby of the Desert Inn. Lt. Jarvis would
contact Mr. Liao personally and tell him these people were
hookers, and ask him why they were allowed in the motel
office. Mr. Liao, or whomever was working the desk, would
move them along. Some had rooms at the Desert Inn Motel.
Lt. Jarvis stated he spoke with a man named "Jack" who was
purported to be the owner. These contacts took place between
1984 through 1987 . Lt. Jarvis does not recall a specific
answer from Mr. Liao.
Lt. Jarvis stated the information he received about
prostitutes and runaways was second-hand information.
Mr. Jarvis took no criminal action against Mr. Liao related to
prostitution and runaways.
The Police Department has the option of enforcing municipal
codes. Lt. Jarvis did not write citations. Lt. Jarvis,
however, personally made observations.
Lt. Jarvis conclusion that if Mr. Liao were to operate the
motel, it would cause problems to the downtown area, was based
on the observations in his memo.
Lt. Jarvis, to his knowledge, does not know of any problems at
the Desert Inn Motel since July 1992. It is his opinion that
the motel is in much better shape than it was before.
Sgt. Ernest Tull was sworn in and testified as followed:
Sgt. Tull is the chief designee when it comes to the approval
or denial of business operator's permit. He makes the
recommendations to the chief. Sgt. Tull assigned part of the
investigation to Robin Harps.
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SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -10-
8 . NEW BUSINESS. . . . . .
Sgt. Tull is familiar with the 1987 application Mr. Liao had
obtained for an operator's permit. There was no prior statute
prior to March 1986 which required an operator's permit for
individuals who wanted to operate a motel. When Mr. Liao
applied in 1987, that was the first application Mr. Liao had
ever applied for. That operator's permit, along with letters,
were sent to several hundred business owners that fell under
this requirement. They were asked to fill them out, and they
were told that an investigation would be conducted by the
Police Department, and an operator's permit would be issued on
a first-time basis. They were automatically issued.
When the 1992 application came about, Mr. Liao was no longer
a first-time applicant. He was now a new owner of the motel.
As part of the investigation that was conducted by Robin
Harps, Sgt. Tull had the opportunity to review the computer
printouts which were made part of her file. Those printouts
entail incident reports from 1984 to 1988. The printouts do
not indicate all responses that the police department has made
to that location. The computer data from mid 1987 back is
strictly based on written reports. From mid 1987 to present
date, it is all police contacts at that location.
Mr. Rhemrev stated the incident reports are all made part of
the package, and they date back from 1984 through 1988. There
are approximately 82 police reports that are listed for the
location between that time frame.
Sgt. Tull said it is possible for an officer to respond to the
location and if he/she does not write a report it would not be
counted among the incidents in the computer printout. The
reports consist of field interrogation cards and arrests. If
there is no written paper, they do not show up on the
computer.
Sgt. Tull has reviewed the printout, and it lists numerous
thefts, malicious mischief, stolen vehicles. In 1987 there
was an overdose, some narcotics, prostitution, field
interrogation cards at the location. Officers made contacts
with subjects known to be prostitutes and narcotics activity
is stated as a reason for a stop and the field interview.
All incidents listed in the package are police reports that
were written or field identification cards.
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M I N U T E S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -11-
8 . NEW BUSINESS. . . . . .
A background check was contacted on Mr. & Mrs. Liao. The
computer entries reveal that Mrs. Liao was a victim on several
occasions, either for theft or malicious mischief. Mr. Liao
was described as a victim on one occasion. The criminal
history revealed that both of them had a prior arrest in 1983
or 1984 for Penal Code Section, keeping a disorderly house.
These documents were obtained from the court.
Mr. Rhemrev stated the court records related to the prior
conviction from the Municipal Court, County of San Bernardino,
dated August 1983 for Jack .Liao and Linda Liao are part of the
package.
Sgt. Tull provided Commissioners with copies of Penal Code
316, Keeping a Disorderly House. Sgt. Tull stated Keeping a
Disorderly House basically is allowing prostitution to occur
on your premises.
Sgt. Tull has reviewed the court records. Mr. & Mrs. Liao
entered a plea and were represented by Mr. Garrett, an
attorney.
Sgt. Tull has read the report and the recommendation put
together by Ms. Harps.
Sgt. Tull is Ms. Harps' supervisor. In reviewing her
investigative report, he agrees with the Department's
recommendation that the operator's permit should be denied.
Sgt. Tull stated Mr. & Mrs. Liao were both arrested for
allowing prostitution to occur on their property by renting to
them. There was narcotics activity occurring on their
premises. They were told how to clean it up and correct it.
They did not do that. They chose to sell their motel. They
bought another motel out of our community. Police went to
that motel, and they have the same business practices.
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M U T E S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -12-
8 . NEW BUSINESS. . . . . .
The motel that is presently the Desert Inn Motel, which they
used to own, is now cleaned up. Calls for services went down
to an extremely low number. This is because police worked
with the new owners. The new owner worked with the police,
and he got rid of the criminal element. Mr. Liao did not take
the motel back by choice. The past owner went out of business
and Mr. Liao had to take it back. Mr. Liao has expressed an
opinion that he does not want this motel. If the City would
buy it for half the price it is worth he would do that. There
is absolutely nothing in this report that would say Mr. Liao
would not continue with the business practices that he did as
a past owner.
In 1988 there was 219 calls for services. In 1989 there was
a 197 calls for service. In 1990 there were 77 . In 1991
there was 41. For nine months of 1992 there were only six
calls for service generated at that location. Mr. Liao had
the motel until 1987. The new owners took over the first part
of 1988 .
In response to questions from Mr. Chan, Sgt. Tull related the
following:
Mr. Liao pled no contest in 1983 . They were found guilty and
fined. They, however, were not found guilty by a jury. The
criminal record is still on the docket.
Sgt. Tull is familiar with the motel . Sgt. Tull supervises
Robin Harps, and he totally agreed with her recommendation
that this permit be denied. In reading Lt. Jarvis' memo, he
agrees with it. Sgt. Tull believes that if Mr. Liao was
allowed to run that motel in the downtown area that he would
possibly rent to prostitutes and narcotics users and dealers.
Sgt. Tull stated he believes Mr. Liao knows how prostitutes
and narcotic dealers operate if he has been in the motel
business.
Sgt. Tull is aware that Mr. Liao has been operating the motel,
and it is his recommendation that he not operate it until this
hearing was concluded. Sgt. Tull is not aware of any criminal
activity occsrring at the Desert Inn premises since his
application for an operator's permit.
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M I N U T E S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -13-
8. NEW BUSINESS. . . . . .
Sgt. Tull again said that if criminal activity was occurring
on his premises the way it was prior to his departure, he
feels confident that a complaint would have been filed.
In response to questions from Mr. Rhemrev, Sgt. Tull stated
the following:
Sgt. Tull contacted Mr. Liao in 1992 after he had made an
application for an operator's permit.
Mr. Liao was made aware by Sgt. Tull that the operator's
permit was denied. Sgt. Tull cited Mr. Liao for operating
without a permit. There were two meetings at the police
station with CSR Harps and Mr. Liao. Sgt. Tull also attended.
Sgt. Tull told Mr. Liao that the Police Department was
probably going to deny the permit and the reasons why. At the
second meeting, Sgt. Tull advised him that it was going to, be
i recommended to the Chief of Police that his permit be denied
and explained why. Once it was signed by the Chief of Police
for denial, Sgt. Tull telephoned Mr. Liao and advised him that
the permit had been denied and advised him of the appeal
procedures through the City Clerk's Office. Time limits were
explained, and he was told that he had to close his business
because he couldn't legally operate it. The time limits on
the appeal procedure had passed.
Mr. Liao was aware that an action was pending and that Sgt.
Tull had initiated an investigation and continued with the
investigation until this matter would come to a conclusion by
virtue of a hearing, by a voluntary closure, or a voluntary
denial of the appeal process. Mr. Liao was aware of the fact
that Sgt. Tull had taken the time to keep on top of this
particular matter.
After the permit was denied, Sgt. Tull visited the motel after
the appeal time had lapsed and issued him a citation for
operating a business without an operator's permit. Mr. Liao
was aware that he was under close scrutiny by the Police
Department.
The recommendations for cleaning up the motel were for any
motel operator, not necessarily Mr. Liao. These
recommendations are not necessarily the law but are proven
methods by which the Department has determined that crime and
prostitution can be cut down in the downtown area or any motel
business.
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8 . NEW BUSINESS. . . . . .
These are procedures to eliminate criminal activity. They are
general types of concepts that have shown to be successful in
other areas.
Sgt. Tull's review of the 1983 court documents related to a no
contest plea by Mr. & Mrs. Liao indicate that it was a plea on
behalf of Mr. & Mrs. Liao. They had to admit as part of the
process that the activity did occur or has occurred.
In response to a question by Mr. Chan, Sgt. Tull stated the
following:
The computer printout states that Mr. Liao in March 1987 was
a victim of an attempt burglary. Mrs. Liao in 1987 was a
victim of a malicious mischief. In April 1987 , she was a
witness to an incident of a malicious mischief. In 1986, she
was a responsible party in a burglary. Their motel was
burglarized. She was the victim of that burglary. In 1986,
she was a victim of a. grand theft. In 1986 she was the victim
of a forgery. In 1986, she was a victim of a petty theft from
a motel room. In December 1986, she was the victim of a
trespassing. Again in 1986, she was the victim of a
trespassing. In 1985, she was the victim of a petty theft.
Aside from their 1983 arrest, Mr. & Mrs. Liao, to Sgt. Tull's
knowledge, were not suspects in any of the crimes listed on
the computer printout.
i
Robin Harps was recalled as a witness. She was reminded she
was still under oath. She related the following:
After she and Detective Spindler rented a room at the 7 Crowns
Motel, they went back to the lobby. Linda Liao came from a
back room to the front lobby. She spoke briefly with her.
Ms. Harps asked her if she took down I.D. 's of everybody that
registered at the motel . She said yes she did. She pulled
out three registration cards of current tenants that they had.
Of those three, one had an I.D. on it. One had a vehicle
license plate on it, which she said was not the tenant's, it
was a friend of the tenant's, and the third did not have any
type of I. D. listed. At that time, those were the only three
tenants at the motel .
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8. NEW BUSINESS. . . . . .
Mr. Rhemrev stated the department had no further witnesses.
He requested that the entire package consisting of the
documents that have been referred to, including the report of
Ms. Harps, the letter from the Orange Police Department, the
court records of the prior convictions, the warning letter
dated 1987, and the incident reports from 1984 to 1988 be
accepted into evidence. Vice Chairman Thomas accepted this as
evidence and called it Exhibit A.
Mr. Jack Liao was sworn in as a witness. Mr. Liao related the
following in response to questions posed by Mr. Chan:
Mr. Liao was born in Taiwan. He came to the United States on
October 22 , 1978, at 44 years of age. Before he immigrated to
the United States, he worked 30 years as a engineer in a
textile factory. He was the factory chief. Mr. Liao was
educated in Taiwan as a textile engineer in college. English
was not taught at the college. He learned English in 1980
through the business after he immigrated to the United States.
Before he immigrated, he could only read English. At the age
of 46 he learned to speak English.
Mrs. Liao immigrated with Mr. Liao. She was a elementary
school teacher for 25 years. After they immigrated to the
United States he worked for a camera shop part-time, worked as
a meat cutter at a small supermarket, and worked in a Japanese
restaurant as a kitchen helper in Little Tokyo.
Mrs. Liao worked eight hours a day in downtown Los Angeles in
a jewelry store factory. Mrs. Liao did not speak any English
prior to immigrating. She immigrated at the age of 41.
Mr. Liao bought the Desert Inn Motel on May 8, 1980 from Mr.
Patel. Prior to this, he had no business experience dealing
with the United States Government either directly or
indirectly.
When Mr. Liao went to Los Angeles, he received a call from a
relative stating his wife had been arrested. He did not know
what was going on so he came back. He went to the Police
Department. At the desk he asked what was going on, that his
wife had been arrested. Mr. Liao identified himself to a desk
employee and was then arrested. Mr. Liao stated he did not
know what was going on.
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An attorney took care of the case. This happened almost three
years after they immigrated to the United States. The
attorney did not speak Chinese. Mr. Liao's brother
translated. His brother's English is good. He is an attorney
also. He had his license for one year. Mr. Liao understood
what was going on in the process. The attorney tried to clear
his case, however, he told him that the tape recording was
terrible and suggested negotiation. The attorney then made ,a
plea bargain with the District Attorney.. Mr. Liao said he did
not have the income to pay the attorney's fee.
At the time his wife was arrested, Mr. Liao was not at the
motel. He was in Los Angeles. He was arrested upon arrival
at the police station and identifying himself as the husband
of Linda Liao.
Mr. Liao said his wife was arrested because of a language
problem.
Other than this arrest and conviction, Mr. Liao has never been
arrested. Mr. Liao said he is a good citizen and has never
been arrested in Taiwan. No criminal record is required by
the U.S. Embassy in Taiwan if you want to immigrate.
When Mr. Liao bought the motel, he could not tell what type of
location it was located in. He thought it was a good
location.
At this time, Mr. Liao acknowledges illegal activity in the
downtown area. He said there are homeless, trespassers, and
hookers at the bus stop. Prostitutes beckon to customers.
Mr. Liao states he kicks these people out. He tells them to
get off his property, and they tell him to go back to his
country. At times, they use a rock to strike Mr. Liao. Mr.
Liao states he uses a German shepherd to emphasize his power.
He cannot use a knife or gun to scare people in the office.
Mr. Liao was worried about problems caused by the German
shepherd so he got rid of it.
Mr. Liao stated prostitution is his business enemy. If he
does not control the prostitution, the motel does not have any
potential. Good people will not stay at the motel.
Mr. Liao stated he upgraded the motel. He wanted to change the
quality of tenants staying at the motel. People would stay in
his motel eight to 10 hours.
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8 . NEW BUSINESS. . . . . .
Mr. Liao said he never received a specific notice received
either in writing or verbal from the police that he was
renting rooms by the hour to prostitutes. Mr. Liao said the
police distributed general circulars to all the motels in the
area.
Mr. Liao sold the motel in 1987. Mr. Liao said he was very
satisfied and proud about his motel and his tenants. He had
tried to sell the motel for five or six years. The motel was
advertised via the newspaper and listings. After two years,
he purchased a 14-unit motel in Orange.
Mr. Liao reacquired the motel from the owner because he
' defaulted his payment obligation. Mr. Liao foreclosed. He
lowered the price to $2 , 000 a month. However, the owner
wanted to give the motel back to Mr. Liao.
Mr. Liao wants to clean up the motel and continue the business
if possible. Mr. Liao intends to stay in San Bernardino as it
is his home town. He has spent nine years in this town.
The 7 Crowns Motel in the City of Orange is managed by his
wife. Before he purchased this motel, his wife had good
health. She now is afflicted with kidney cancer, and is
receiving chemotherapy. She is very ill . The doctor said she
may lose a kidney. She spends 18 hours in bed. Mrs. Liao has
been ill for about one year.
Mr. Liao's daughter-in-law's sister was visiting the 7 Crowns
Motel. Her name is Heidi. She is from Taiwan. She is a
recent high school graduate.
Mr. Liao was shown a photograph, and he identified the photo
as "Heidi. " Mr. Chan provided the Commission with the
original and a copy of Heidi's (Ms. Hui-chih Tseng's) air
ticket. Ms. Hui-chih Tseng is a citizen of the Republic of
China, Taiwan. She came to visit this country under a regular
visitors visa, and she had a return ticket.
Mr. Liao said that the high schools in Taiwan teach about
three or four hours of English a week. Elementary schools do
not teach English. Ms. Tseng had three to four years of
English training, three to four hours a week. Mr. Liao said
he received 16 years of English training but he could not
speak one word when he came to this country as he was scared.
He could only read and understand.
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8. NEW BUSINESS. . . . . .
Heidi was traveling with her mother. Her mother does not
speak English.
Since Mr. Liao took over the Desert Inn he goes back to Orange
County one or two times a week.
Mr. Liao's wife called him and told him there was trouble with
Heidi. He was told that the police tried to rent a room for
an hour with a hooker. Mr. Heidi did not understand the term
"hooker. " Heidi kept saying, "I don't know" to the police.
Eventually, she took the money.
When asked why Heidi was behind the counter, Mr. Liao replied
she was taking care of his wife who was sleeping. Heidi was
spending her summer vacation in the United States after
graduation. She stayed in Los Angeles for about four or five
weeks. She stayed at the motel. Heidi was helping at the
motel because Mr. Liao had to come back to the Desert Inn
Motel.
Mr. Liao's supports his son who attends medical school in
Chicago. Mr. Liao's son was not present at the 7 Crowns
Motel. Heidi was alone and helping while Mr. Liao was at the
Desert Inn Motel. Heidi was not paid. She would cook and
give his wife medicine. There was no other employee at the
motel. When Heidi was not at the motel, a friend helps part-
time. Heidi was never paid a wage.
When he operated the Desert Inn Motel, if Mr. Liao had a
suspicion they may not have a valid I.D. and they may be
running a prostitute business in the motel, Mr. Liao refused
to rent a room. In these four months, Mr. Liao has refused a
lot of customers. Out of 10 customers he refused three or
four tenants. He uses the price to refuse. The rate is $22.
Mr. Liao will charge $35. If the person has I.D. he will not
refuse to rent a room. He tells the person that no visitors
will be allowed within 24 hours. Mr. Liao stated he used his
own tactics to keep the prostitutes off his property. He
tells them if they have activity, he cannot allow them to
stay. He will give the money back. When there is a problem,
Mr. Liao called the police.
From 1980 to 1987 the rate of police calls reduced. Mr. Liao
said the officers came down, shook his hand and stated, "Any
problems call me again. " The police never complained that Mr.
Liao called too much.
3
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8 . NEW BUSINESS. . . . . .
Mr. Liao said if he was granted the business operator's
license he will cooperate with the City, specifically with
regards to their suggestions to get rid of the prostitute
problem in his second home town.
Mr. Liao said the police are very concerned about prostitution
and he will cooperate.
Seven days ago Mr. Liao called the police in the nighttime
because two people were sitting on a bench outside all day.
A tenant tried to share the room because it was cold. Mr.
Liao told the tenant he could not invite the two people into
the room. If he wanted to invite these people in, the tenant
would have to check out the next day. That person did not
check out so Mr. Liao called the police.
Mr. Liao said he knows that a California driver's license or
California I.D. is needed. Sgt. Tull tested him with a check
cash I. D. He was told he could not rent to a senior citizen
for a week on a social security card.
Ms. Harps asked if Mr. Liao had been arrested before. He
answered he didn't remember because he only remembered his
wife's arrest. He didn't remember because he was arrested at
the Police Department when he went to go see his wife.
After Ms. Harps showed him the court record, he remembered.
In response to questions from Mr. Rhemrev, Mr. Liao related
the following:
Mr. Liao was not present at the 7 Crowns Motel when CSR Harps
and Detective Spindler rented a room. He was in San
Bernardino.
Mr. Liao does not have a manager at the Desert Inn Motel.
Jackie Patel was there for about two months when he took over.
She takes care of his other business.
In 1980 when he first acquired the motel he had a part-time
manager. The motel was open 24 hours. Mr. Liao lived at the
motel. Mr. Liao would work 18 hours a day at the motel.
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8. NEW BUSINESS. . . . .
Heidi does not speak any English with the exception of yes and
no. Mrs. Liao is sick in bed. Heidi was instructed to let
Mrs. Liao know if any tenant attempted to check into the
motel. Mrs. Liao was sleeping. Heidi did not want to wake up
his wife.
In the last four months, he has refused at least three tenants
at the Desert Inn. Daily, maybe one tenant checks in.
Sometime no tenants check in. The maximum is three tenants.
Refusing one tenant amounts to 50 percent.
During the time he owned the motel from 1980 to 1987, he
refused a lot of tenants. Mrs. Liao asked him how come he was
so severe in his selection of tenants. Mr. Liao said if he
was not selective, he would lose control.
In 1985 business was good. The room rate almost doubled.
Before he took over the room rate for one person was $12.72.
Two person rate would be $14 .84 , two beds would cost $16.96.
After 1985, Los Angeles and Orange County rates were $20 so
Mr. Liao's income improved.
Mr. Liao does not recall receiving a letter in February 1986
addressed to Jack & Linda Patel, signed by James Eggert. Mr.
Liao said there were no Patels in the motel. Patel managed
the Super 7 Motel. Mr. Liao employed Mr. Patel for one and a
half months. Patel went to Hemet.
Mr. Liao sold the motel in 1987 because he had been trying to
sell the motel since 1982 . Mr. Liao said he was working too
hard and he wanted to retire.
Mr. Liao said he never received any written or oral notice.
He did have conversations with police officers when they would
come to the motel. The police officer was cooperative, and
Mr. Liao would cooperate with the police. Police would try to
help keep the motel in order.
Mr. Liao does not recognize Lt. Jarvis, and to his
recollection he has never spoken with him.
Mr. Liao has had conversations with other police officers.
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8. NEW BUSINESS. . . . . .
! Mr. Liao said prostitution is his number one enemy in his
business. Mr. Liao said he hates this activity. Mr. Liao has
never knowingly rented to a drug dealer.
From 1980 to 1987 he required identification from tenants 95
percent of the time. At times, he was told that a purse was
stolen or they were robbed so Mr. Liao would rent a room.
Mr. Liao did not harbor any prostitutes in the lobby. If they
were trespassing, he would kick them out.
Mr. Liao does not rent to single ladies 95 percent of the
time.
Mr. Liao has found that the police is more concerned now and
therefore cooperates. Before, he cooperated. In the future,
he wants to cooperate more.
Before 1987 if a social security card was presented by an old
man, he would possibly rent. Sometimes other nice people have
other types of I.D. and he possibly would rent. At this time,
he refused 100 percent of the time.
From 1980 to 1987 he has fully cooperated with the Police
Department.
I
The only other person who operates the motel is his wife.
There were times when he was not the sole clerk or manager of
the motel. Relatives assisted in operating the motel.
The current room rate at the Desert Inn Motel $22 to $26. The
standard rate in the City of Orange is $22-$32.
Mr. Liao was arrested and taken to court. Mr. Liao had an
attorney, and he pled no contest to a charge of running a
disorderly house. Mr. & Mrs. Liao paid a $370 fine.
Ms. Beatrice Dorame was sworn in as a witness and related the
following in response to questions by Mr. Chan:
She was once an employee at the Desert Inn Motel. She was
employed from 1981 to 1987 . This was during Mr. & Mrs. Liao's
management. She was employed as a housekeeper/maid. She
worked about four or five hours daily, seven days a week.
Three other housekeepers were employed. The motel- had
approximately 25-50 rooms. It is not a huge motel operation.
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While she was working there she never saw prostitutes in the
motel. If there were guests that Mr. Liao did not like, he
would chase them out. This was his own decision.
If there was reasonable suspicion, Mr. Liao would not rent out
a room. He would tell them to leave. During the period of
1981 to 1985, police were summoned maybe twice a week. They
were summoned for the purpose of removing guests who wouldn't
leave or for fighting. Usually, Mr. Liao would call the
police for help.
Ms. Dorame now works at the Radisson Hotel as a housekeeper.
Mr. Liao upgraded and bought a lot of things such as bedding,
carpet, and drapes for the motel. This occurred in
approximately 1983 .
Ms. Dorame is not aware of any incidents where Mr. Liao rented
a room to a prostitute or drug dealer.
In response to questions from Mr. Rhemrev, Ms. Dorame related
the following:
She worked at the Desert Inn from 1981 to 1987 . She worked
approximately four hours a day. Hours she normally worked
were from approximately 10: 00 a.m. to 3 : 30 or 4 : 00 p.m. She
did not work a swing or midnight shift. Ms. Dorame was never
at the motel during the evening hours.
There were no other employees who were at the front office.
Ms. Dorame recalled seeing Mr. Liao chase a person off his
premises one time. She does not know why he chased this
person off.
Ms. Dorame recalls approximately two police calls a week to
the motel.
Ms. Amy Ko was sworn in as a witness. In response to
questions from Mr. Chan, she related the following:
Ms. Amy owns the Sahara Motel in the City of San Bernardino.
She has known Mr. Liao since 1980.
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8. NEW BUSINESS. . . . . .
Among small motel owners, it is a small community. When she
first invested in the motel business, she came to visit Mr.
Liao.
Mr. Liao advised her he made a wrong investment purchasing the
motel.
Ms. Ko's motel is two blocks away from the Desert Inn Motel.
Ms. Ko and Mr. Liao has talked about how difficult it is run
a motel in this area.
Ms. Ko and Mr. Liao have ejected persons from their motels.
When Mr. Liao ejects a tenant, he calls Ms. Ko right away and
tells her not to rent to that person. Mr. Liao describes the
person and the type of car they are driving. Mr. Liao does
not welcome prostitutes and drug dealers.
Ms. Ko states she Mr.. & Mrs. Liao work together. She does not
consider Mr. Liao competition.
Ms. Ko said in 1985 the police and the motel owners did a lot
of work to clean up the downtown streets. From 1985 to 1988
business was very good on Fifth Street. Good people came to
town. Motel owners tried to screen the people.
Ms. Ko worked to control crime problems at the motel. They
both spoke to each other and tried their best to handle their
problems without calling the police.
Compared to other motels, the Desert Inn was doing the same as
other motels.
In response to questions from Mr. Rhemrev, Ms. Ko related the
following:
She never ran the Desert Inn Motel. She never helped Mr. Liao
manage the motel. She never worked in the office. She did
visit Mr. & Mrs. Liao in the office at times. The visits
would last between 30 minutes to one hour.
Ms. Ko's motel is about two blocks away. In 1980, she owned
the Golden Eagle Motel. In 1983 she owned the Sahara Motel.
She has been in the area a long time.
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8. NEW BUSINESS. . . . . .
Ms. Ko admitted that there is a prostitution problem in the
downtown area. This cannot be controlled because motel owners
have to determine what is a drug dealer or a prostitute, and
they do not tell the owners.
Ms. Ko believes the Police Department notifies all the motel
owners who the prostitutes or drug dealers are.
Ms. Ko & Mr. Liao both agree that it is a headache to run a
motel. Mr. Liao indicated to Ms. Ko that maybe he made a
wrong investment.
Ms. Ko was not aware that Mr. Liao was trying to sell the
motel .
Mr. Chan advised the Commission that Ms. Jackie Patel appeared
at last month's meeting. If she were here, she- would testify
to the same thing as Ms. Ko. She was employed by Mr. Liao.
She had personal conversation with Ms. Tseng. To her
judgement, Ms. Tseng's English was not good. The employee was
trying to teach Ms. Tseng English.
Mr. Rhemrev asked that the record reflect that he has not had
an opportunity to cross-examine the witness, and the evidence
should be weighed accordingly.
CLOSING ARGUMENTS (Mr. Rhemrev)
Mr. Rhemrev stated it is important to recognize what the
obligations and duties are of the Chief of Police. 5.82.020
of the Code relating to businesses and licenses and a permit
being required for an individual operating a motel dictates to
the police what he can or cannot do. The Chief of Police
shall consider any relevant factual material. However, it
basically states that the Chief of Police shall recommend an
issuance of an operator's permit as required by this chapter
only upon finding that the applicant has not been convicted of
any felony or crime of moral turpitude or has been found in
violation of laws and regulations.
It is quite obvious there is a prior conviction on the record
of Jack Liao as well as his wife. This occurred in 1983 ,
however, in 1983 that violation was for a very similar
operation, and it was the same motel which we are dealing
with. This is section A. Section B said there were no prior
significant arrests or police investigations.
Y
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8 . NEW BUSINESS. . . . . .
CLOSING ARGUMENTS (Mr. Rhemrev)
It is quite apparent from the testimony that has been
presented by Sgt. Tull, Ms. Harps and Lt. Jarvis that there
was an overabundance of criminal activity that took place at
the Desert Inn Motel during the time that Mr. Liao operated
it. It also requires that the applicant has not knowingly
made any false, misleading or fraudulent statements. It is
clear that during the conversations with CSR Harps, Mr. Liao
did not admit that he had a prior arrest.
The evidence is overwhelming as to why the application should
be denied. The testimony that was presented on behalf of Mr.
Liao indicating that he ran his business well was from an
individual who was not there during the nighttime hours. An
individual who was not able to see the illegal activity which
takes place during the evening.
I
Ms. Ko testified as to how he ran his business, yet she was
never there to run his business and strictly was there as a
friend.
Mr. Liao's testimony is obviously in a position to save his
business. There are quite a number of conflicts. The
business is doing well, yet he needs to sell the property.
San Bernardino is his home town, yet he still wants to sell
his property.
i
He wasn't there at the 7 Crowns Motel. He is willing to allow
a non-English speaking person to run his business. All
important facts which lead to the belief, the opinion, and the
recommendations expressed in the denial of the permit by the
department which would indicate that in light of the
background that it is probable that the instances which have
been testified to would occur again if Mr. Liao would be allow
to operate the hotel. The code is quite clear. The permit
can be issued only upon finding those things previously
mentioned. It is quite evident that those things definitely
do exist, and on that basis, the application and appeal should
be denied.
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8. NEW BUSINESS. . . . . .
CLOSING STATEMENT: (Mr. Chan)
The Chief of Police is empowered to consider all relevant
facts related to the issue of the operator's permit. Mr. Chan
referred the Commission to the recommendation of denial by
police on page 2 . It deals with three elements. One it was
a police problem. Secondly was a short-term rental practice
which was continuing in Orange County. The third one was the
prior conviction.
The testimony clearly shows there was no police calls in which
Mr. or Mrs. Liao were the suspect. All that is shown by the
computer printout report is that they were the victim of the
crime. It would be so unfair, if not illegal, to conclude
► that the victim of the crime would turn around and become a
suspect. Now we are finger pointing because they summoned
helped from the police, being the victim of a crime. Now we
i want to penalize them by taking away their business permit,
and taking away the way they have to support their lives, and
son who is in medical school.
I
There was no one single instance in which the police can
prove, when they say there is a police problem, the problem
was caused by the Liaos. The problem was everybody's problem,
your problem and Mr. Chan's problem because we are in a
society with crime. They happened to locate a business in a
bad area. As a law abiding citizen, they should not be
penalized because of that judgement.
As far as short-term rental practices, the records clearly
show that Ms. Tseng did not have proper proficiency in English
to apprehend the word "hooker. " Mr. Chan was raised in Hong
Kong which is a British Colony, and he was under the training
of the English's English. The slang "hooker" if you go to
Hong Kong and talk to any person who speaks reasonable English
they will not understand you. This is an American slang. Mr.
Chan does not know how common American slang is in Taiwan,
Republic of China, which is a predominantly Chinese speaking
community. Without any knowledge to the content of the
message, the police officer could be very explicit but whether
or not she understands is another question. You can be very
explicit to Mr. Chan in French, but he won't understand a
word.
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8 . NEW BUSINESS. . . . . .
With respect to the conviction, the conviction was about 10
years ago. The conviction was related to a fact which Mr.
Liao wasn't even there. He was convicted because he went to
the police station and tried to visit the wife and tried to
find out what was going on with his wife.
These are the basis for recommendation on page three. Mr.
Chan referred the Commission to the second piece of evidence,
a memo from Lt. Jarvis. In his own testimony, he admitted
that the conclusion was based on hearsay evidence from the
runaway teenagers and from the street girl. Mr. Chan did not
raise an objection because he had a prior agreement between
counsel not to raise objection to testimony. Mr. Chan had no
chance to cross examine the witness. Mr. Chan would
i appreciate if the Commission would weigh the statement from
the street girls and the runaways accordingly. They were not
here testifying under oath.
There was an enormous amount of inconsistencies between the
police officers. In the memo from Lt. Jarvis, it states that
it was clean. Sgt. Tull testified that he did not agree. The
letter sent to Linda & Jack Patel at the Desert Inn Motel. To
Mr. Chan's knowledge he did not receive a copy. Mr. Liao also
did not receive a copy of the letter. Mr. Chan assumes that
if his client had received that copy, he would have given it
to him. Mr. Chan offered that his client did not receive a
copy.
Specifically and conclusively, there was no factual evidence
to prove that Jack Liao knowingly rented rooms to prostitutes
or drug dealers. Let the record reflect that his client did
try very hard to cooperate with the police, regardless what
the police recommendation was. This may be beyond the
requirement of the law. He tried his very best to comply with
the police suggestions.
The other credible witness who is actually the competitor of
his client testified, under oath, that to her knowledge his
client tried to kick out prostitutes and drug dealers. He
tried to work with the City to eliminate criminal activities.
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -28-
8. POLICE COMMISSION. . . . .
To deny a business permit to run their business, in essence
what is being done is driving away business from this city,
and the economy will not pick up. Mr. Chan agrees with the
police that there is a problem. There was no objection to
that. It is a matter of fact. The thing is whether or not we
should shift the burden to the small business/family type
business man or we just exclude them from this community and
allow big franchises to run the motel business in the city.
We should give them some allowance. Financially, they may not
be able to have all the professional training for their
employees. Language wise they may not be able to manage or
understand English as much as you and Mr. Chan.
I
If we determine to give them a break, they deserve to continue
their business. They deserve their hard work. They deserve
a business operator's license, and their son deserves the
support from their elderly father. If we take out that
philosophy that we want to exclude the small family type
business, Mr. Chan has nothing to say and nothing to offer
that the business license be denied.
I
The Police Commission adjourned to executive session to
consider the evidence and come to a conclusion. The appellant
and his attorney were invited to stay until a decision was
reached or they were given the option of leaving and receiving
notification by mail. The Vice Chairman stated there would be
no difference in the status of running the business until they
were notified by mail one way or another. The appellant and
his attorney elected to stay.
The Police Commission reconvened and advised Mr. Liao and his
attorney that they voted to uphold the Chief of Police's
decision not to issue a permit.
Commissioner Boisvert moved that the decision of the Chief of
Police be upheld and that the City Attorney be directed to
prepare the necessary notification, second provided by
Commissioner Nettles. Motion carried.
The Vice Chairman informed Mr. Liao that if he was not
satisfied with the decision of this body, his next step would
be an appeal to the City Council.
M I E S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -29-
9. POLICE COMMISSIONER'S REPORTS. . . . .
None.
10. CHIEF'S MONTHLY REPORT. . . . .
None.
I11. PUBLIC INPUT. . . . . '
None.
12 . ADJOURNMENT. . . .
I Commissioner Boisvert moved that the meeting be adjourned,
second by Commissioner Rankins. Motion carried.
The next meeting will be held on December 14, 1992, 6:30 p.m.
in the Council Chambers.
Submitted by, Reviewe by,
Consuelo Ramirez Dave Tho s
Chief's Secretary Vice Chairman
\4 1�1 lblt Il(�f/- 411 11 f�l� ) RETURN THIS FORM TO-
J/1' �I V�1`r v s"LJII �1`J ^TY CLERK.P.O.BOX 1318 ,
NORTH"D"STREET
- BER"AR°'"°,CALIFORNIA fl25o2
APPLICATI FUk USINESS PERMIT
�,� �•` TELEPHONE: 17141 383-5302 M
OR 787.5075
'COUNT NO. CLASS TYPE __,' NEW - - RENEWAL OFFICE USE ONLY
CITY HALL
_ Dora wtmrtted:
PERSONAL INFORMATION (Type or print in ink)
— C New O Ronewaf
Nam Dr. r' Scat
Beans Loc.FN: S
Address GTV Soaal r Y No.
Invest.fN f
;V-,U.S.Citizen? ,/f�6� Tool: S
Data of Birth au of& Lervidt of R rdene in: ,� / ►r"'7
/y//y ❑ No Coup �J! GtY
/ FL you• found gwlty a Ptead qu,ItY to a y crime? No O Yes (If yes"am errp/arn. id m vI oNenan/ Racnpt No.
Have er used ther name? if yes—Pica"Int the rump .. By'
o Yes -----------�-------
PRIOR RESIDENCE ADDRESS POLICE DEPARTMENT
fr To Addr� �t / / Z' Data
.. G�
ndl d Address Ph I.D.No.
low
O �
BY:
EMPLOYMENT OR BUSINESS HISTORY (Lan two employes)
1 From To Name of&writs Addr Phone Supervisor
2. From To Name of Busmes AddoolOu Pharr �tp
�"w"'�r re�wweaTrnY
Name o1 Business IOBAI // Tvoe of BusIness PwrwLl�--.�T
ocaU of Busutes(Street Address) Business Phone No. Square foots of 84AIn@U premle:
Maili m ABC Licane No.
�o ,1�1�s tf ON SALE O OFF SALE 0
FORM OF P6SINESS Individual O Pwuwrshp O Corporation
Naffm and addresses of partners or corporation officers: IUn aldioonaf papra if nevvtr OZ
Phone J O!
jr
Phone:
i C
I den to start puniness on 1 wi0 W operating (Days o/tact vreekl J
Bttvreen tha horns of and M—w
Have YOU ever had a buunass license revoked,ttapanded or tart, led for any reason? 0 Yin No
H Yes.plane explain Jum addition!papas/f rscessaryl
Are You now or have You ever been engaged in any Wtwtest m a partner or corporate owtes? Yes O No /
If yes.plane List firtn/S names WO officers of each 7 4
torporaton./Uaratidnalpagrr/necemryJ
PLEASE READ AND SIGN:
I DECLARE,UNDER THE PENALTY OF PERJURY,THAT THIS APPLICATION HAS BEEN EXAMINED BY ME AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IS A TRUE,CORRECT
AND COMPLETE STATEMENT OF FACTS. 1 UNDERSTAND FALSIFICATION OF ANY ST TEMENT MAY RESULT N THE DENIAL OF AN OPERATOR"8 PERMIT
Print Name signattwe Date
Ir+vestrgated by: / I recommend th%h rmrt be ❑ Granted Denied O GRANTED FORA LIMITED TIME ONLY, TEMPORARY
p[ / ❑SUBJECT TO CONDITIONS ON ATTACHED DOCUMENT
/01(1,
tCE OF TH
CITY OF SAN BERNARDINO Page of
t
0
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To: SGT. E. L. TULL
From: R. HARPS, CSR II
Subject: OPERATOR'S PERMIT
Date: August 24 , 1992
Copies:
APPLICANT: WEN HSIUNG LIAO
BUSINESS: DESERT INN MOTEL
607 W. 5th St. , SB
INVESTIGATION:
I, CSR Harps, was assigned to investigate the application submitted by Wen
Hsiung (Jack) Liao, for the Desert Inn Motel, located at 607 W. 5th Street,
San Bernardino.
Mr. Liao said he had run the Desert Inn Motel from 5/8/80 to 1/1/88 and then
sold the motel . Mr. Liao said the gentlemen he had sold the motel to had
recently gone bankrupt, so he got the motel back.
On 8/4/92 , I spoke with the applicant at the San Bernardino Police
Department. When asked if he had ever been arrested Mr. Liao replied no.
Mr. Liao stated he had a similar business, The Seven Crowns Motel, in Orange,
as well as part owner of the Florida Trailer Park, located in Hemet.
Mr. Liao stated there would be no other employees at the Desert Inn Motel,
beside himself. Mr. Liao stated the Desert Inn Motel has 51 rooms. He
stated there are homeless in the area, but they do not bother him.
During the interview, I explained police concerns regarding a motel business,
which includes narcotics, prostitution, loitering, etc. He was given a copy
of San Bernardino Municipal Code 5.82, which is in regards to business permit
regulations. Mr. Liao said he would have a friend read it to him.
We also discussed not renting rooms at hourly rates and requiring a
legitimate photo ID, such as California Driver's License, California ID card
or military Ids from each respective customer. We also discussed not renting
rooms to single females who did not have any luggage or any form of
identification. Mr. Liao stated he would keep an eye out for these
activities. He said he has asked customers to leave when there has been
traffic. Mr. Liao did maintain he could tell good people and may accept
Social Security cards if they were senior citizens. Mr. Liao -kept
maintaining he could tell good people from bad people. Mr. Liao stated he
currently has two tenants at his motel .
When asked again if Mr. Liao had ever been arrested he restated no. I asked
him what had happened back in 1983 , he replied that had been his wife. On
8,/-10/83 , PC316, four counts had been filed on Wen Hsiung Liao. On 12/8/83 ,
Mr. Liao had pled polo contendere to PC664/316, count one. Mr. Liao was on
court probation for two years and counts 2, 3 and 4 , were then dismissed. On
8/10/83 , MSB22613 for the charge of PC316 was filed against Linda Tsai Liao.
On 12/8/83 , she pled nolo contendere to PC664/316. Mrs. Liao was given two
years court probation.
I called the Orange Police Department in regards to The Seven Crowns Motel,
located at 528 E. Lincoln, Orange. I spoke with Det. John Moore, who stated
The Seven Crowns Motel had traditionally been a police problem. Det. Moore
sent me a computer printout of The Seven Crowns Motel, see attached printout.
Sgt. Bob Green-, who is in charge of the vice/Criminal Intelligence/Gang Unit
of the Orange Police Department also sent a letter in regards to 528 E.
Lincoln, Orange. Sgt. Green indicated that The Seven Crowns Motel has a
higher rate of calls for service than similar businesses in their City. Sgt.
Green indicated that the types of calls responded to, included suspicious
activities, drunk or drugged adults, marijuana violations, trespassing, found
property, repossessed vehicles, warrant services, disturbances, assaults,
possession of stolen property and burglaries. See attached letter.
On 8/19/92 , Det. Spindler, Det. Diaz and I went to Orange Police Department
where we spoke with Det. Moore and Sgt. Green. I obtained copies of the
reports made at The Seven Crowns Motel during the time frame Jack Liao was
listed as owning the location. Sgt. Green indicated that they use a red
light abatement process for problem motels. He indicated this included
information regarding the frequency of arrests, that there is community
concern regarding the motel and that they can show the management knows the
purpose of the rental of the rooms, i.e. , short time -rentals.
While in Orange, Det. Spindler and I were going to go to The Seven Crowns
Motel to determine if he could obtain a room for a short time. Det. Spindler
and I pulled into The Seven Crowns Motel parking lot and Det. Spindler went
inside while I stayed in the vehicle. Det. Spindler asked the desk clerk if
it would be okay for him to obtain a room for an hour or so and it so, how
much would it cost. He was informed that the room would be $20. Det.
Spindler then informed the motel clerk that I was a hooker and wondered if
she had seen me before. The desk clerk said she did not recognize me. Det.
Spindler continued saying he wanted to make sure there would not be a problem
and he filled out the registration card. He gave the desk clerk $20 and she
gave him the room key to room #201. The conversation between Det. Spindler
and the motel clerk was tape recorded and the recording will be maintained at
the San Bernardino Police Department, Vice Office.
Det. Spindler and I then went to room #201, which was on the 2nd floor, while
Det. Diaz and Det. Moore, went into the motel office. The motel room was
observed to be a standard economy type motel room. Det. Diaz and Det. Moore,
while in the motel office, had the motel clerk write her name on the back of
the registration card. Her name was Heidi Tseng, with a date of birth of
5/10/72. There was a TV playing in the back room and Linda Liao came from
0
that direction to the front office. Linda said Heidi was visiting from
Chicago and had been helping for approximately one month. I asked Linda Liao
if she had obtained Id's for her guests and she replied, "Yes. " However, the
three registration cards of her current tenants showed one with a California
driver's license number on it, one with a car license on it, which she said
was not the tenants, but a friend of his and one had no type of
identification on it. Linda Liao said she was Jack Liao's wife.
I ran a drivers license and warrant check on the applicant and he did not
have any outstanding warrants. I also obtained a location inquiry response
for the Desert Inn Motel, located at 607 W. 5th Street. See attached
printout.
Area Commander, Lt. Jarvis was contacted in regards to the operator's permit
application. Lt. Jarvis wrote a memo in regards to Mr. Liao's previous stint
as the business owner of 607 W. 5th Street. Lt. Jarvis declared at that time
the Desert Inn Motel had numerous code violations and would rent to anyone
fully aware of their actions. Lt. Jarvis continued saying when Mr. Liao sold
the Desert Inn, it was better, but it was due to stringent enforcement, not
to Mr. Liao. See attached memo.
San Bernardino Municipal Code 5.82 relates to business permit regulations.
Under Section 5. 82.050, the San Bernardino Municipal Code reads "The Chief of
Police shall consider any relevant factual material relating to such
applicant and shall recommend the issuance of an operator's permit, as
required by this chapter only upon finding that:
A. The applicant has not been convicted of any felony or crime of moral
turpitude or been found in violation of laws or a regulations in a
criminal quasi-judicial preceding when the facts underlying such
proceedings or conviction show a nexus between the crime or violation
and the particular business operations or indicate the lack of qualities
essential to protect the public health, safety and welfare in operations
under the permit;
B. There were not prior significant arrests or police investigations
concerning sexual misconduct, illicit drug transactions, "fencing"
activities or related crimes occurring on and related to the operation
of the business premises of applicant. "
POLICE DEPARTMENT RECOMMENDATION:
The Desert Inn Motel, when Mr. Liao previously owned it was a police problem.
Some of these practices, such as short term rental are continuing at the
motel located in Orange, which Mr. Liao currently owns. Mr. Liao also does
not meet the criteria listed in San Bernardino Municipal Code 5.82. Due to
these previously listed reasons, the San Bernardino Police Departuent
recommends denial of the application submitted by Wen Hsiung Liao for the
Desert Inn Motel, 607 W. 5th Street, San Bernardino.
City Of San Bernardino
San Bernardino Police Department
Interof f ice Memorandum
To: Lt. D. Snell
Via Chain of Command
From: Lt. S. Jarvis
Subject: Desert Inn Motel
Date: August 19, 1992
Copies:
I was recently polled regarding the Desert Inn Motel at 607 W. 5th St. and
the previous owner/operator Wen Liao.
It has been my experience that Mr. Liao allowed his buildings to fall into
disrepair. A large number of the rooms that were rented were uninhabitable.
These substandard rooms were rented out on a regular basis. On inspections
numerous rooms were found to have electrical "hot plates" in use with the
occupants advising that the owner allowed them to cook in their room.
Mr. Liao rented rooms to anyone that had the cash. He had been advised a
number of times that he was renting to prostitutes and this did not alter his
rental pattern. Mr. Liao rented to the same prostitutes continually, fully
aware of their actions. Mr. Liao also rented rooms by the hour to
prostitutes.
When Mr. Liao sold the Desert Inn it was "clean" and the largest portions
were habitable. This was not due to Mr. Liao but to stringent enforcement
by the San Bernardino Police Department and other city departments.
Due to past practices by Mr. Liao it is my opinion that if he opens the
Desert Inn Motel that it will cause problems in the downtown area.
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Law Vl meb vt .�aal6
S, �� - '�c Boulevard • Monterey Park • California 91754
Telep„one (8181 548-5557 FAX 3-1619
FACSIMILE COLTER SHEET
DATE: I-�9I14 1992 TOTAL PAGES FAXED:
TO FROM
NAME. ci�-; Clerk , City of San BernaffibW
Sing Chan
COMPANY:
REGARDINGs Desert Inn
FAX# s ( 714 ) 384-5468
MESSAGE: I am
Per request of the off.ice of Attorney,eletter torthedCitythis;
letter to you by fax.
Attorney' s office AND the Police .
Law (juices vl a1116 alifornia 91754 --
752 S. A. r Boulevard • l�fonterey Park ' _1619
Telephone (818) 458-5557 FAX (81b) 4
ILA
�geptiir 22, 1992
By certified —mail
Chief o-1 police
Commiaz on of Police
City of San Bernardino
c/o City Clerk
p .0. Bor. 1318
300 North "D" Street
San Bernardino, CA 92402
Re: Desert Inn Motel
Dear Chief of Police:
We represent the above-captioned motel and its own��cil''al
Wen-ns i.urg Liao
hereinafter as "Client") with its principal
410t in
busine;;i: located at 607 W. 5th Street, rpermit andZrelated
connect�.r.n with Client's applicati on of business
matters ,
we are writing to appeal from the
On behalf of Client, permit and
police decision� re f e to that you grantdus an extensin to appeal
alternatively,
letter
should 1►cu decide that the facts ith and
theb requirem nt under this Section
are not sufficient to meet Ordinance.
5 , 82 , 1 0 and 5 .82. 120 of the City
Client alleges the following facts:
1 . On Duly 7, 1992, Client filed an application of business periait
with the City Clerk.
2 . On or about early August, Client had an interview with a police
officer na-med Tull.
3. On or about September 4, 1992. Client received a call from a
police off icer named Paul who informed Client that lice documents application
was denied and advised Client to pick up the Po
the City Clerk's office on September 8, 1992• ' Client was not
advised cf the reasons or basis of such denial.
1
i
' 4 . On or about September 8 , 1992, Client went to the City Clerk's
office and was advised that the City Clerk only had said
applicatiun with notation of police investigation and
recommen--Z'.:ion. Upon Client' s request/ advised that Client owvuld
said app�-cation. Client was further
within a couple of days .
receive t-he police decision by
Client was not advised the date of denial
herefors he advised about
his right to appeal and the proce dures
5 . To date, Client has not received said police decision.
This appeal is based on the following factual and legal
grounds :
1. The �%olice Commission or the City Clerk has failed to advise
Client -%he basis or reasons of d roia � counsel and appealappeal,
deprivi.nq Client,s right to seek proper
2 . Under Section 5 . 82 . 050 of the City Ordinance,City the
Clerk, his
Police zhall "report in wrttin ,
recor=ecidations and tearer a there dear as to section s 5 . 82 -090 operator's also
i permit e-'^ould be grant give written notices of
provides that the Chief of police�"tshall, q The Police Commission
his or her decision to the app
has failed to comply with these regulations and thus deprives
Client 's right to seek proper counsel and appeal .
Based upon the above facts and circumstances , we request
that ycu grant a favorable decision of this appeal, or
alternatively, grant a reasonable extension of appeal and furnish
in writi.:-ig the reasons of denial and meaning aplication
nt
� can obtain adequate counsel
appeal .
I Sincerely yours,
Law Offices of Sing Chan
c uk"N--,
Sing Ch n, Attorney
for applicant
cc. Citr Attorney, City of San Bernardino
2
CITY OF ORANGE
cbu�
POLICE DEPARTMENT • 1107 N.BATAVIA STREET ORANGE, CALIFORNIA 92667 (71 4) 744-7390
- - FAX (714) 744-7320
CSR ROBIN HARPS AUGUST 7, 1992
SAN BERNARDINO POLICE DEPARTMENT
P.O. BOX 1559
SAN BERNARDINO CA. 92401
DEAR ROBIN;
THIS IS A FOLLOW—UP TO OUR PHONE CONVERSATION TODAY. YOU REQUESTED
INFORMATION ON THE SEVEN CROWNS MOTEL WHICH DOES BUSINESS IN OUR
CITY AT 528 EAST LINCOLN AVE. CITY BUSINESS LICENSE RECORDS SHOW
THE OWNER TO BE MR. JACK LIAO.
THE SEVEN CROWNS HAS BEEN IN OUR CITY FOR APPROXIMATELY NINE
YEARS. DURING THIS PERIOD THERE HAVE BEEN IN EXCESS OF 125 CALLS
FOR SERVICE. SINCE JANUARY 1991 WE HAVE RECORDED APPROXIMATELY 30
CALLS FOR SERVICE. THIS RATE OF SERVICE IS HIGHER THAN THOSE
REQUESTED BY SIMILAR BUSINESSES IN OUR CITY.
THE TYPES OF CALLS RESPONDED TO INCLUDE SUSPICIOUS ACTIVITIES;
DRUNK OR DRUGGED ADULTS; MARIJUANA VIOLATIONS; TRESPASSING; FOUND
PROPERTY; REPOSSESSED VEHICLES; WARRANT SERVICES; DISTURBANCES
(LOUD NOISE, KEEP THE PEACE ETC. ) ; ASSAULTS; POSSESSION OF STOLEN
PROPERTY AND BURGLARIES.
I HOPE THIS INFORMATION IS OF VALUE TO YOU. IF I CAN BE OF ANY
ASSISTANCE IN THE FUTURE, PLEASE FEEL FREE- TO CALL.
z EL
BOB GREEN, SERGEANT
VICE/CRIMINAL INTELLIGENCE/GANG UNIT
IN OUT Room No. ,✓(
REGISTRATION
NO REFUNDS Date In
NOTICE TO GUESTS Rate It
ADVANCE PAYMENT REQUESTED
Date Out
._ _ ... This Property Is Privately owned and the management reserves the right DAYS OCCUPIED
to refuse service to anyone,and will not be responsible for accidents or
SUN
injury to guests o{ for loss of money,Jewelry or valuables of any kind.
^ / MON
NAME
TUES
STREET �/ -5 / , � S - WED
w For yo Protection Please Give Full Address
THUR
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CAR
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\ MAKE NUMBER
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OF CAR %—f G; OF PERSONS !--
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E TOTAL
0 form Nu l-1 Karrr{s Supply.21546 Sappily Ara CRy d Cwmrwaa CA 9004012131 721-0262 DAYS Total
d�'
C7t HE I 0 Ol V MUNICIPAL COURT DISTRICT '
�.�. CO ORS S-.TE OF CALIFORNIA
BAiL
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607 W FIFTH RCEV1p SONONtAIS( ���� Q�r� 1 3
SAN BERNARDINO ,CA
DATE IIlO
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LAW(K0110EMEN7 wGf NCB ffiECTHf(wNEf fT
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SBPD Cm F r)
8-8-83 Bi Complaint filed by offense date 8-2-83
Charges PC 316 CTS 1.2.3.4
a misdemtesnorlinfractio
8-8-83 Certificate and reports in support of issuance of warrant filed.
I _ Warrant/Ren+a vd i sued, bail set at SAS issued to by Judge
Warrant recalled
O. R. Report filed.
- Notice of Advisal,Pies and Trial Date filed.Set for court trial on
in Department '81
�s --
::? 13 ql) HON. �„�. (1 7'I d f.r/ mfia;u illlaafr<
>, JUDGE: •COURT CLERr
47 COURT REPORTER; BAILIFF
Defendant not present. Sail posted declared forfeited with no further proceedings.
(1) Defendant(NOT)in custody.
(2) Qqlandant present in court Va=/BY attorney 4 /
(3) gives true name as r
(4) Attorney for defendant waives formal srraignment and advisor)of Con itutional and Statutory rights
SEP 13 INN (5) Request for Setting for Trial and Waiver form filed,
(6) Defendant is formally arraigned and informed of the chargels) against him by the reading of IN
allegations in the complaint.
(7) Defendant is advised of all of the following Constitutional and statutory rights:
(8) 1 1 ATTORNEY:The right to be represented by an attorney at all stages of the proceeding lexcep
with respect to infractions)and of the court's willingness to appoint an attorney to represent him at nc
cost to him if he cannot afford one.
(9) ( ) PC 987.8(b):That,if an attorney Is appointed.at the end of criminal proceedings the court will
alter a hearing,determine defendant's ability to pay costs of attorney and enter s judgment for those
costs as defendant is found able to pay.
(10) ( 1 JURY TRIAL•The right to trial by jury.
(11) 1 1 SPEEDY TRIAL•That If he pleads rat guilty,he is entitled to a pubic trial within 30 days frorr,
today If In custody and 45 days If not in custody. Case will be dismissed If not tried within the
statutory time unless good cause is shown for delay.
(12) ( I SELF-INCRIMINATION.TESTIMONY AND REPRESENTATION:The right not to testify or admit
guilt; the right to testify In this case and the right to represent himself.
(13) 1 1 CONFRONTATION:The right to confront and cross-examine witnesses who testify against him
(14) 1 1 SUBPOENA:The right to have witnesses and documents subpoenaed into court at no cost to
himself.
(15) ( 1 BAIL:The right to be released upon the posting of reasonable bail to be set by the court.
(16) ( ) CONTINUANCE:The right to a reasonable continuance to enter a pies if good cause is shown
(17) 1 1 DIVERSION:Defendant is informed of the provisions of P.C. 1000(Diversion).
(18) ( 1 DRIVING PRIVILEGES:Defendant is informed of the provisions of V.C. 13202(Loss of driving
privilege - drug)and V.C. 13352(Loss of driving privileges - driving).
(19) 1 1 PLEAS:That defendant may plead guilty,not guilty, or no%contendere to the charge(s)-
(20) Defendant is advised of all the following consequences of a guilty or nolo contendere plea(20-24;.
(21) 1 1 PENALTIES:The maximum and minimum jail sentence and fine.
1221 1 1 ALIENS:That if he is not a citizen,a conviction of the offense with which he is charged may leaf
to his deportation,exclusion from admission to this country,or denial of nstursizatkm.
: (231 1 1 PLEAS:That s plea of guilty admits the truth of the charge;that a plea of no%contendere has
the same legal effect as a guilty plea except that it cannot be used against the defendant as in
- admission in a civil case; that upon the entry of a no% contendere plea, the court will find the
defendant guilty forthwith and without trial, evidence or hearing.
( (24) 1 ) DMV: Possible or mandatory effect upon his driving privilege.
(25) 1 1 OTHER:
i (26) Defendant files written financial statement and acknowledgment of P.C.987.8(b)notice.
_ I
(27) The court,hay:Eg inquired into defendant's economic circumstances.finds that he can
afford to ref,
an attorney and denies his aopbcmion for a-poirtment of an attorney.
Defendant Case 3i Be 71—
(281 Defendant states he will retain attorney
(29) The court appoints(PUBI JC DEFENDER/ATTORNEY) to represent the defena.
(30) Defendant is referred to
SEP 13 M (31) Defendant waives time to enter plea.
(32) Upon defendant's request, further arraignment and/or plea continued to
at .M., Department . Defendant A ordered to report at said time and pla:
(33)
SEP 13 1")
(34) Defendant pleads Not Guilty to Guilty to
Defendant pleads nolo contender&to a, .The court accepts the pie.
of nolo contenders and the court finds the defendant guilty as charged.
\ (35) The court finds that the defendant uruderstands the chargels):the consequences of his plea,inrluc
maximum and minimum penalties; alien status. DMV or other as described in lutes 121-251;
Constitutional and statutory rights(attorney,jury trial,speedy trial,safe-itcrknination,confrontat
and subpoena as fully explained in fines 18-19)and that he freely,voumtarily,knowingly,expres!
and intelligently waives these rights and that the plea(s)is based on fact 1 ),and/or s plea bargain I
(36) The court finds that the defendant freely, voluntarily, knowingly, intelligently and expressly way
the following specific rights (not to be used for guilty or nolo contender&pleas):
137) ( I Right to an attorney, retained or appointed.
(38) 1 1 Right to a jury trial.
(39) 1 1 Right to a speedy trial within the limits specified by law.
cP
13 1113 (40) Defendant demands trial by jury:
Pre-trial set for at M.,Department
Jury trial set for at M.,Department
Pre-trial and Jury trial setting set for ie 1�— R3 at I0:,?W I
Department 7�1 _. Defendant is ordered to report at said time and place.
(41) Defendant requests trial by court which is set for at
Department . Defendant is ordered to report at said time and place.
(42) Defendant is ordered released on his own recognizance upon filing of Agreement to Appear.Agn
_.P 1 J 1913 ment to Appear filed r
(431 "./Bail to continue a l set at Ill—, commitment pending issued.
(44) Bail hearing set for at M.
(45) Upon review of police reports in court file, the court determines there is probable cause
SEP t 1 is" ts do nt's detention for trial.
(48) W I
On request of pro-trial continued to
at M., Department ;Trial continued to
at_—M.,Department Pre-trial and Jury trial setting to
at M., Department .Defendant Is ordered to report at said time and place.
J (4 71 Defendant is Informed of his right to be sentenced no earlier than six hours nor any later Ulan five da
., after he has entered his plea of gurihy or nob contender*or found gusty. The court fads that
knowingly, freely and expressly waives that right.
r (48) Defendant is du arraigned for' gal cause wh
N g ludgnwnt and states that there is no le y judgment shoo
±r y t not now be pronounced.
(49) Attorney for defendant waives arraignime tt for judgment and states that there is no legal cause wl
judgment should not now be prormurtead.
(501 Defendant is informed of the provisions of P.C.1203.4s.
�+ (51) Case is referred to Probation Department for the pre-sentence investigation and report Probauc
hearing and sentence set for sd M
Department _. Defendant is ordered to report at said time and place.
(52) Defendant is ordered to report to the Probation Department forthwith.
(53) SENTENCE i or days In San Bernardino County Jail.Credit for ' days serve
PASS !< a muro br
Da I F IAMe D. I08etl SANDY BRF3W-jk 'FDA 70r eec (Al orr'71 {�
1iAIV]!4 OT TM AHD BLQUEST FOR 00IWT tUAACi 7IIM - -
i
Ordered contirtueci to f o ots•A se tng --
M• DqX.IP Defendant iS Ordered ID nsturn at said
ee.Reasm,r• wain wallfY. -
06fam
Bail+, -�—
to Continual .J
.. fe
j, n1►rn - -
Cau NO.' �VO C-)
` Defendant !i ;G J /-Y&'-,'A.C— •- ,'D Page
OCT 2 b du Aari=e D. Inaelf JO ANN rrRp SUSAN lSA MERG
W .V OJ
fIAIVS� Li ::..:: ..•� ltiFr
On motiondefenaanVtW.rwetnaland' rytrialsetting
m.,Deot.D Dcfendant is ordered to retlim at san
SailAe to continue. Y G
OCT 21 IS)
loV 0 8 1113. JUDGE MI S id. CY 1ATM 7e VIM ItT�l
Alma
woMbeet
D u
Ball/QW.to CJ:) In t^ % �v
YO 11
NOV 1 6 t 83JUDGE JAM M- MAT 7o M Unrl
Ball/PC.to carow.
OV 2 2 M n=JAIL$K. CRAM '10 X,a MM
- N . MOTION n . y
n
my 2 8"a
t F.4 No. S` - any UH
peferdant 1� n ' L..(1\C) P
i r DEC H JOa J""S M. CRAl4R LOlS M.PAHIA
f
- FLEA GAIN AGF4EMENT FILED
r _ R�r_-r.' . .� ��.'' 'J.'1.� '•t1:�'•�IendsA!�d�,..�.�p COt'`�.�f'1d►
ollonw ctt:.rgN;in comPla M
rho Court ands vat the de.axont unocrs=rW va Cruvm J. tno pos:,txa Ptnatusk M n{M 49 Mt UW
an PUOrmY PrCSOnt at a:1 o lo �,c - ^ P:::- cs tn c -t he t: u:C..-ant and to w
o 1_crqly
cconpuk,ory procaa f tha CojC ti ccbpocna va=6z _ tic dc(cn"r,t r
a i
W144 On 169L
_ vee o'r een encox.
ronotmeement of luftwent ordered withheld
and probation STwied for....Z.. C.O..on
the following term(s) and oond ions(s)t
PAY AM.1 OfS=PLUS
SIIS�A,s�,ftC?F,...�.1U��
It.ii..-r..rn'a•.-pL%mrr:1%not nudo,the
0. I.,nd-s-vu b go to :be Aeovutathst
)l..•-on r.(twr 1'rcbtf4--x, AmcM on dae
ors :.u.-tn,as oar c.M the payment is doe and
�%I&in uht the pavcxrt was not made.
LOU A 6r d_U
BAIL ED
•tom "' LG r ) j
i t ytif t
Ck I
1rIM11!&IIHde Ps
Wk bw
_- _ .- _ -- _ �-�. _ .i+_ Lr._r�r..—r .:ML Y-•'—aa..�WirtA'rY.u.�..
r IN THE SAN BERNARDINO COUNTY MUNICIPAL COURT DISTRICT
�1 COUNTY OF SAN BERNARD, r E OF CAUFORNttf� •��+ '< •t
,yx...�,. • -• -- File No.
Case No.
( Tw .loge D<T,.!$TAT!Of C."OW. 4 7 9
ys ..11...NCl D.T! . /J.O J -
r... Linda Tsai Laio AA00kA'0F9A•
ado,°% l.1l-
607 W. 5th St %c D„*oqo%uwKn 0 3G 5#T 3V -
San Bernardino, CA P.i0-93 �� 10 _
D.R KlD
DOS 2-10-38 O'"C NO 9"0"Tim sum(Ty
33�/s
Uw fNloilcEMf ti.GENCV fEEFCiwC,.MEST `�
lio
8-22-83 kkDmplaint filed by D. Fran2-CO offense date
Charges PC 316
a misdemea /infracti
Ceruficate and reports in support of issuance of warrant filed.
WarranVRemand issued, bail set at t issued to by Judge
Warrant recalled.
r..; 0. R. Report filed.
Notice of Advisal,Plea and Trial Date filed.Set for court trial on
in Department at
SEP 13 11n HON.�Ilinrsai L'. JUDGE; MA *%LV4 COURT CLEF
COURT REPORTER; BAILII
Defendant not present. Bail posted declared forfeited with no further proceedings.
(1) Defendant(NOT) in custody. /
E? 1 3 1717 (2) Defendant present in court Vltr>=BY attorney
(3) Defendant gives true name as charged or as
(4) Attorney for defendant waives formal arraigrvnent and advisal of Constitutional and Statutory righ
15) Request for Setting for Trial and Waiver form filed.
(6) Defendant is formally arraigned and informed of the chargels) against him by the reading of t
allegations in the complaint.
(7) Defendant is advised of all of the following Constitutional and statutory rights:
(8) 1 1 ATTORNEY: The right to be represented by an attorney at all stages of the proceeding lexce
with respect to infractions)and of the court's willingness to appoint an attorney to represent him at r
cost to him if he cannot afford ore.
(9) 1 ) PC 987.8(b):That,if an attorney is appointed,at the end of criminal proceedings the court wT
after a hearing,determine defendant's ability to pay costs of attorney and enter a judgment for thou
�•!t'-h-;._ .'=+=-d�y'.- ;::: `-'.'.�,..�j costs as defendant is found able to pay.
(101 1 1 JURY TRIAL:The right to trial by jury.
111) 1 ) SPEEDY TRIAL: That if he pleads not guilty,he is entitled to a public trial within 30 days fro
today if in custody and 46 days if not in custody. Case will be dismissed If not tried within a
statutory time unless good cause is shown for delay.
(121 1 ) SELF-INCRIMINATION,TESTIMONY AND REPRESENTATION:The right not to testify or odm
guilt;the right to testify in this ease and the right to represent himself.
(13) 1 1 CONFRONTATION:The right to confront and cross-examine witnesses who testify against Nn
114) 1 ) SUBPOENA: The right to have witnesses and documents subpoenaed into court at no cost t
1151 1 1 BAK:The right to be released upon the posting of reasonable bail to be set by the court.
(16) 1 1 CONTINUANCE:The right to a reasonable continuance to enter a Plea N good cause is showr
^`� 1171 l ) DIVERSION:Defendant is informed of the provisions of P.C. 1000(Diversion►.
(18) 1 1 DRIVING PRIVILEGES:Defendant is informed of the provisions of V.C. 13202(Loss of drivin
privilege - drug) and V.C. 13352(Loss of driving privileges - driving).
1191 ( 1 PLEAS: That defendant may plead guilty,not guilty, or nolo contender to the chargels).
120) Defendant is advised of all the following consequences of a guilty or no/o contendere plea 120.241
(211 1 1 PENALTIES: The maximum and minimum jail sentence and fine.
(22) 1 ) ALIENS:That if he is not a citizen,a conviction of the offense with which he is charged may leac
to his deportation,exclusion from admission to this country,or denial of naturalization.
(23) 1 1 PLEAS:That a plea of guilty admits the truth of the charge;that a plea of nob conrendere hx
the same legal effect as a guilty plea except that it cannot be used against the defendant as ar
admission in a civil case; that upon the envy of a no/o contenders plea, the court will find the
defendant guilty forthwith and without trial,evidence or hearing.
(24) ( 1 DMV:Possible or manaatory effect upon tus driving privilege.
(25) 1 1 OTHER:
(261 Defendant files written financial statement and acknowledgment of P.C. 987.8(b)notice.
(27) The court,having inquired into defendant's economic circumstances,finds that he can afford to retain
- - -- _.,_ . ,wn:..«.vw�.u••_..�-'-•,,.5.�.:�..+N.....�.::.w-.:..:a•...a:n...w`Li.4�+al1s.sN...w«Tn.»+.� -vA+..a.. - -- .. n..w.+.z.. .
File Nrf 111e0y�i
Case Nr
' _ .,,.• - -!�. Defendant Linda 'raa, l.aio
(28) Defendant states he will retain attorney
(291 The court appoints(PUBLIC DEFENDER/ATTORNEY) to represent the defenda
(30) Defendant is referred to
t 1 (31) Defendant waves time to enter plea.
1321 Upon defendants request, further arraignment and/or plea continued to
at .M.. Department . Defendant is ordered to report at said time and plat
(33)
(34) Defendant pleads Not Guilty to Guilty to
Defendant pleads no/o contenders to .The court accepts the plea
_ of nolo contendem and the court finds the defendant guilty as charged.
(35) The court finds that the defendant understands the chargels);the consequences of his plea,include
maximum and minimum penalties; alien status, DMV or other as described in lines 121.251:
~ Constitutional and statutory rights(attorney,jury trial,speedy trial,self-incrimination,confrontatic
and subpoena as fully explained in lines 18-19) and that he freely,voluntarily, knowingly,express
and intelligently waives these rights and that the pleats is based on fact( 1 and/or a plea bargain 1
1361 The court finds that the defendant freely, voluntarily, knowingly, interirigently and expressly wary
the following specific rights(not to be used for guilty or polo contenolo a pleas):
(37) 1 1 Right to an attorney, retained or appointed.
138) 1 1 Right to a jury trial.
(39) 1 1 Right to a speedy trial within the limits specified by law.
A3 140) Defendant demands trial by jury:
�v±�.rte..-y± o+,cs r Pre-trial set for as M.,Department
M Jury trial set for /Tit M.,Department
Pre-trial and Jury trial setting set for /.4 at_Z!%�f.
Department �_. Defendant is ordered to report at said time and place,
(41) Defendant requests trial by court which is set for at fv
Department . Defendant is ordered to report at said tune and place.
(42) Defendant is ordered released on his own recognizance upon filing of Agreement to Appear. re
ment to Appear filed,
143) daldBail to continue/ it set at ti , commitment pending issued. 7
' - _• - • .. 1441 Bail hearing set for at M.
I1
(45) Upon review of police reports in court file, the court determines there Is probable eau e f
det ant's d anti for
SEQ LO IPA (46) �y
On request of pre-trial continued to
at M.,Department Trial continued to
at M.,Department Pre-trial and Jury trial setting to
at M.,Department .Defendant is ordered to report at said brute and place,
�. (47) Defendant is informed of his right to be sentenced no earlier than six hours nor any later than five day
Wilk;= �*--=-- 'ry r >-::` ` ;.".. after he has entered his plea of guilty or nob contender*or found gaiety. The court finds that t
knowingly,freely and expressly waives that right.
r c; ' x- ,�s '�y 148) Defendant is duty arraigned for judgment snd states that there is no 190 cause wfty Judgment shotN
not now be pronounced.
(491 Attorney for defendant waives arraignment for judgment and states drat than is no legal cause wh
judgment should not now be pronounced.
(50) Defendant is informed of the provisions of P.C. 1203.4s.
(51) Case is referred to Probation Department for the pre-sentence investigation and nporL Probabo
hearing and sentence set for at M
Department _. Defendant is ordered to report at said time and place.
(52) Defendant is ordered to report to the Probation Department fordtwitk,
(53) SENTENCE 1 or days in San Bernardino County Jai.Credit for days servec
s° •r!"� ?r:sa�s .,.:.- ��� PASS i
OCT 4 aMao b
lutallme D. u Y y
-:ybA C c7or, a L[1 arref-
1rAIVM OJ Ijlf£An Bb;�JFSi FOR OOttTHRlAltCi 7I �
j On motion deb nionV@ft., trial rytrialsexing
I Qs ►dered rime to t
{ �,r;l�eefr�tdanE is e•Ars to re4►st}a<said
titre Sad .Reason its ooatinuance e
OCT 5 A"
•'.a.�+�.�.�•►. �s�.u++eezwasa+w....+�._.�oer�� hr..e.. .-.•:—:,, r>y _ -- ".� ---.._. -- --.-. -- -. �. ��.,::_,,.. . ._
V Ia No -Iri _ of x(mil
case No.
ro Defendant L l N Q A C.•4 t Page
-
OCT:S 'M7 bTlt Da ZnSff Jo An VM SUSU KAIMEW,
u
U14 OF -,I= I= ZZi.--ST FODR COIr:I,P,JA C1 FILE:
On motion defen ,preU�aland prYtrtel settint
asnt/�r
a-m.. Dept.J�) Defendant is ordered to return at said
jo
Ba
il/ to continue.
OCT 2 7 rM1
1
,
•••_"and pre'-131 workslttxt
- ;rn-ul and w Ual s
too
Ord-,red W return at said time —
to comimm
Nv- st Mn A21 1
NUV t 8 JUDGE JAM Y. CpAm cm a _ .
,
•T
j ON...
IS C'r:JE.,
_ - Bail/$x to cwtkvjc
MOV 2 1 141
CRA1411t JO AU >M
s. _.
ON
j - - 3
Bail/f.W CO dkWJl.
> SOY 114
DEC 8 JUDGE JAHES M. CRA1iFR LOiS U.PJW1A �t
ILL oil.
PLEA B^ AGREEMENT nLED
Io.. ,...
Fda No.
` Cat No. 11.9 I%Ly
` Defendant . _il.f) Paw
DEC 8 -,. _ ._- - • - -_ ,_. . ,:r= v�,,rt.,��-.�� o cor��tind►.r+�,
MI.Z2.11LI anC relaLeCl TO me
�f'.-..•..�:._._.. �..pct
rho Coco '.nes rat tre e_.r : It _e_2-Irm, n'a rgnt against swo.
iMnmin-:.,7. .J ca- " .. _ J Jury trial
an K=.:,,:/ .. .:,c.':r.;: and b tlr
and blefllQ2e.°'/ . ..•• .. ._ .n c _ .._ ei ..•^^0 on lad
Ca Ve3 or 30II OnC .
Pronouncement of judgeeat or withhold
-• ,nd probation granted for----
Z._
the f011014in4j term8(3) and con ions(s)I
\
VIOLATE NO LAYI
PAY A MW OF am PLUS$•w— Pr8y.��_TOTRL 41S,a
S
I :III --sent.. par3tr'is mot name,the
to me be dve ikespowing
y.}�. ad i ts.a�.;, S.�a.•:.:';.:,{w.: 'n c(r[.•enzf m Departaoed on the
wm t[;r pament was not made.
' or
Co ,t',
BAIL D(CN
Om z r An
_At-
�� � T
JAN 2 ; 0 S-- b�fOdllbd A trtadwrod Cti
1-W6 3 PASS
i
r -
NAMS X •+
MASTER NAME FILE
SAN BERNARDINO POLICE DkRpJQ4T N
Name _ _ Y - -.0ob c,� ,•.
LIAC�, LINDA ., . ....02/10%38:..
60 7 W 5 ST #51 SAN BERNARDI . CA
Ref Ref-No Date Inv Reason Sec-Ref
INTL 870098045 08/01/87 WIT INC/SUSP
_ ' .-_ '_�1 5. '!..'S6 vIC P- 214 . 1
INTL 860041904 03/30/86 WIT PC484(F) (2 , ± -
INTL 860014271 01/31/86 WIT PC487.1 q
y
Adr-Inv Ref-No Street Phone ''yp
CONVERT 607 W 5 ST *51 SAN BERNARDI CA 7148899?634,,-,"-,:'" -
+— � •ti'�u'. � 4• �,..x-t .� .i� -..,n .fir.
i
A..
ke
■
c � �: �� „tr L{ to •� 1 }�'�''7M• '�,, � i
.a
Yx.
""�`_�rr%�R}s:in r :S�a 'lC.t:_r 4 _ . ari, ^:d .. .. - :�• - s - .. ....
.. _ � Mh1�'f '/..T �'�'a"�e•1. •. r S 3. • it T:. _
x fhb.r�i��t�r ��•� � i. - ?-'� ! i t- -
I.�3<.,. '3° s-S'ti.a�.y. -Y°+►ay r
MIX
<. •X.r.. _K• c - r t+%-t ��'�,`� t -2,x.1..
` '}gin. ._ ��•'���i..t
r
NAMS x -
MASTER NAME FILE
"z.
S•At l BERNAR.DINO POLICE DEPARTMENT
a:. = Dot EP
LIAO , JHCV' 09/09/35 M 0 69618.
607 Vt -8TH ST *1 SBO CA
Ref Ref-No Date Inv Reason°_' •" ` ''
INTL 870119321 12/19/87 WIT PC664/211
INTL 870107073 09/29/87 VIC PC602(L)
INTL 870098045 08/01/87 REP INC/SUSP " `` `
I NTL 870095520 07.1/16/8 7 VIC PC242/417/
INTL 870048345 04/10/87 REP INf1 P0=,'3 A'* ae�
INTL 870041757 03/27/87 REP PC594(B 3 ' Y
INTL 860169594 12/31/86.R£PPC60 ,P,?
INTL 860107892 081191BG VIC PC594(8) (2
z .-e.
INTL 860062221-05/18/86
INTL 860014271 01/31/86 REP. PC487.1 . ,' Y' - r r' Xx
INTL 860007796 01/17/86 REP PC594
INTL 860001253 01/02/86 REP PC459.
INTL 850160729 12/26/85 WIT INCIDENT
CONT ***CONTINUATION*** 00 .57
•"/.:.Ter;y.• -. {r� ! '._� ?'�✓ •�4 :.3.4 r�F -
t�y
SKY.
`,..y�r•7._mss
t.. -.r`,J„�f- ..�a�`4"`� ..1` iif,-- ►-e :..p.. - � -- rl- sWw� .s 'vE••
• -a. - ... -. _ tit_ � i,�i�.is ...Y .1 •r - _
C7/28/92 15:05:21 FROM CLETS:
T H _ ...
-51'715u.RHARPS DATE • C7-28-=3 TIME:15:01 :04
�STRICTED—DO NOT USE FOR EMPLOYMENT ,LICENSING OR CERTIFICATION PURPOS"
_T•
� . =.i-ir;F;P S '.,'ICE I N'•,; -
** III CALIFORNIA ONLY RECORD
CI i�/ 7 38359
DO Q — fiEX/M RAC1 NESS S ,ar;�
_ 9► YE�'8L:1� P1�81 , ;�:'`. .. � a
NAM/01 LIAO.WQVHSIUNG
02 LIAO�WENLHLL3+10 � r"�'�i =� t. _ - :: .•"° ,` '" :;y.
03 LIAO JACK
FPC R1F
x,a•r; _
18' L 11 U I00 17 :.
FBI/2213U74
_r •.
SdC//)5170 5 {,
4i v
Ax
Y'kl'�`. '.'j ry ,r� •. .. .^^is:��a iia�Rx�!!FF- S r •�.
08-08-8d-' '-CASO SAN BERNARDINO
CNT:O 1' : *588842 r.. -.
316 rC� EEfrf lDl SORDER,LY HOUSE
-..�': ..�t,1,:•_�;, .•,,: � .�sJ,�+ _4 .e^nn+ .n.�• r Jy: -� .;. •rnkTr,Ri-.. =� �.
COURT: NAM:4 't`�rTT. . .,,
?-08-83 CAMC SAN BERDO CENTRAL .
j}r_
07/25; 92 15 :02:45 FROM CLETS: --
: G
r?6-iT E : _ --_ 11E :15:C 2*
TLHE' ON :*L!N*F/N* MI* BC
r._ ;714*8: :C9—u9-35*PJAP1E : LIAO WEtJ HSIL►NG*
RES/ADD: 20378 VIA TRINIDAD YORBA LINDA 92686*EFF:09-12-90* "? ` -
OTH,A-DD :607 W 5TH ST SN BERNARD INO*EFF: 06-18-82*
IDENTIFYING INFORMATIONS
SEX:MALE*HAIR:BLACK*EYES a BLK*HT:5—O8*WT t 16S* `1X. '__; 1 "
LIC/ISS :09-12-90*EXP/BD:94*CLASS:C NON—COMMERCIAL*
ENDORSEMENTS: NONE*
MEDICAL EXAM EXP: NONE =� -
CERTIFICATES: NONE*
LATEST APP:DL T) PE:RENEWAL*APP/DATE :09-12-90*WHT*BATES:122*
LICENSE STATUS: VALID*
FTP : NONE* "A iM4
Ire
FTA: NONE*
* * END
t
i� � . ` I j�:'•«�•t•�,pl�- .�i��� �"'pkf• '" �' P fjtiii�^ `r '..(Y� ~ -
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4M ;}; y .
n
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C BERNARDINO P.O.BOX 1659.SAN BERNARDINO.CALIFORNIA 92401.1669
THE
POLICE DEPARTMENT OFFICE OF THE
CHIEF OF POLIC:
February 26 , 1987
Jack and Linda Patel
Desert.;nn ote ,_...�
1607:*-W" ' t
San Bernardino, CA 92410
On February 19, 1987 , our Department became aware of activities at your
business for one or more of the following reasons: Prostitution.
This letter is to make you aware of what transpired and to inform you t
if events of this nature continue , that we intend to initiate legal
proceedings . These proceedings include , but are not limited to, abatem
proceedings under the Penal Code, Health and Safety Code, Municipal Cod
or other existing encieseto revoke ,oregulate,recommendations will be e
licenses
all appropriate g
and/or permits issued to your business.
If you have any questions regarding these matters , or if you need
assistance in eliminating these activities , please contact Detective J .
Eggert at 384-5673-
Yours truly,
DONALD J . BURNETT
Chief of Police
J. Egger etective ,,
San Ber r ino Police Department Vice Detail K-
�;.:.
{ DJB/JE/cla
Distribution: City Attorney
police Commission
j Building and Safety
PLEASE ADDRESS ALL CORRESPONDENCE TO CHIEF OF POLICE
R
TELEPHONE:383.5011 4
_ _
! \ 1 1 1 111 J/11 V lJl_I\I N/ANL AI Nkj v - - - rart/ww,>tyrowr ro. _ 'r
�f
POLICE DE°Vi orcYruvic.P.D.sox ms
APPLICATION F%jk JUSINESS PERN�IT r �f�DINO^CALIFORNIA 92402
TELEPHONE:1714)3834302 as
OR 3934035
COOm
i -7UNT NO CLASS TYPE NEW RENEWAL '01 ICE USE ONLY
CITY HALL
0 Date w4+ ad:
PERSONAL INFORMATION IType or print in ink)
p ❑ New D Rennes
Nana. /'!Z r• — Cam'SERA Pn fC^�1 / Q_G 9 D.�wr's l,oe�No. Sus &AMrs_Few:S
Address ` 1Gty zip 7/ > So�ww Sw+"T No. ---
C Wr? �-� S/( Invest.hi' S
Date of Birth Race of Bnth Are You is U Gnanl of Reddance in:
it —do k/,4ti D Yes " Dxmn 311GC1h4.,'- fY Tow: � •
Have you ever been found guilty or plead guilty to any c7iffwlVr No ❑ Yes (lf yes DNS eap/air. Exclude marw i aNr'offie, Receipt No.
K You ever used another name? tf yes-Rease last thf names By.
Ha
VNo ❑ Yes
INDUCE DEPARTMENT
PRIOR RESIDENCE ADDRESS
Fr o 11 Address aI L Date
a Address Phone No. I.D.No.
my:
EMPLOYMENT OR BUSINESS HISTORY (last two employers)
1. From To Name of&siness Acidness Phone Supwvsw
2. From To Name of Business Address Phone Supervraw
BUSINESS INFORMATION
Name of Businen(OB Type of Buunes Parrrsit
(o
*ion of Busmen(Street Address) Business Phone No. p Srl "footage of Bualnm prtrewae:
�e? wF/ . -64 5_ 7/k,-J,aP1 / X63
Mailing Address ABC L;cwm No.
ON SALE 0 OFF BALE 0
FORM OF BUSINESS ❑ Irrdridtal �/lsartnertltip ❑ corpwaoas 1'I'1
Narnes and ieddrsssss of partners w corporation officers: /ear add?bondpapssrMarciewwr n
C/1 100�et
Nswu-
1 plan to.tart business on I will be operating Me"of e,.wskI
Between dr houn of wsd Manpr/Siwrvisw PIN l'��I�f C.IIR.i N
Have You ever hied a business license revoks 1.depended or cancelled for any rmonl 0 Yes i'TT
If Yes,aeass esylain Il/sr adldibonr/ppaa Nrrecesseryi p� 70
Jr-
A"You now or have Yw law been tngaged in any business s a pertrsw car coo Men Harr) 0 Yes C3 No r s R
H Yes.aeass fiat firms/nameh and offices of ascb corporation./Use adlddborw Pages itAacmrp/
PLEASE READ AND SIGN:
I DECLARE,UNDER THE PENALTY OF PERJURY.THAT THIS APPLICATION HAS BEEN EXAMINED BY ME AND TO THE BESTOF MY KNOwLEDfiEANOSEU•-6 r4 TNK C RWCI
AND COMPLETE STATEMENT OF FACTS, 1 UNDERSTAND FALSIFICATION OF ANY STATEMENT MAY RESULT IN THE DEMAL OF AN OPERATOR'S PERMIT.
Prr me 5grattre _ :Ot+sa-
Invest,gat try: Date i/ I rewenmend this lica wivaert ter Grassed D Dirtied,.
r C3 GRANTED FOR A LIMITED TIME ONLY, TEMPORARY
p D SUILIECT TO CONDITIONS ON ATTACHED DOCUMENT ,' L
CHIEF Of WLICE OF THE _
CITY OF SAN BERNARDINO Pape tar
BUSINESS LICENSE APPLICATION INVESTIGATION
Phone Date :
In Person : Time :
1 . Have you ever been arrested? hib
2 . Do you currently possess on/off sale ABC license? NO
3 . Do you have now, or have ever had an ABC license anywhere?
4 . Do you own any other similar businesses?
5 . How many employees? S
6 . Are you the on-site manager? Gs
7 . Do you have entertainment ( live, dancing, games) ? AjJ
8 . Any problems with moral turpitude?
a. Drunks` b. Prostitution(
C. Drugs�F�d. Gambling /UD
3 . Fencing Un.1V-,
9 . Miscellaneous information: 11.I'Aj oN1/11FL, LILq u+&J krvo,, -r &M,
AAS A Q0%&A M uJtTW PAT IIf&'-f hs. -SACWA-s Awe n0& ¢
10 . �L1oSO record checks iL ( �� 9a UU .
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C 4� i _ BERNARDINO P.O.BOX 1559, SAN BERNARDINO,CALIFORNIA 92401
oti °ED ►r
TH �O
E
POLICE DEPARTMENT BENJAMIN GONZAL
CHIEF OF POLICE
June 11 , 1982
Lo Tsai Liao, Owner
Desert Inn Motel
607 W. Sth Street
San Bernardino , CA
An examination of public documents reveals that you are the
owner/manager of the property located at 607 West Sth Street,
, San Bernardino , wherein the business of the Desert Inn-
Motel is operating.
As you may be aware, the area surrounding your motel has been a
district of high incidents involving prostitution activity.
Some prostitutes are transitory and usually rent motel rooms for
the purpose of prostitution. This kind of activity is not only
illegal by the prostitutes, but it is also illegal for those
persons in control of the motels to allow prostitution or other
illegal activity to take place at the motel.
Insofar, as we are aware, presently the premises of the
Motel ,does not constitute a police problem. However, due to .-
intermittent influx of prostitutes and their pimps, there -could�-
be a possibility of them wanting to rent rooms from you for this
purpose.
In an effort to prevent prostitution activity occurring on your
premises, and if you wish to discuss reasonable steps necessary '
to address this public nuisance, officers of the San Bernardino'
Vice Division at 383-5011, will be available to stalk with' roa. 1
Very truly yours, -
rBENJAMIN GONZALES, CHIEF OF POLICE
A r-
°.: � s
Investigations Division a -
CC)
C) PLEASE ADDRESS ALL CORRESPONDENCE TO CHIEF OF POLICE Y
` • CITY OF SP N BERNARDINO - MEMORANDUM
t r
To CAPTAIN P. BONANNO From VICE-NARCOTICS
Subject NOTIFICATION OF MOTEL MANAGERS Date
Approved Date
The attached letter was delivered to Oz�_-'e L 'we
of the �r �.✓ /�o�� on -1/-6Z at approximately
hours.
Received by: �t
Motel :
OFFICER/WITNESS:
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I Sing Chan ( 147363)
Attorney At Law
2 752 S . Atlantic Blvd. ,
Monterey Park, CA 91754
3 Phone: ( 818 ) 458-5557 Fax: ( 818 ) 458-1619
Attorney for Appellant
4 Wen-Hsiung Liao
5
BEFORE THE CITY COUNCIL
6
OF THE CITY OF SAN BERNARDINO
7
8 In re Appeal of Denial of )
Business Permit )
9 ) BRIEF IN SUPPORT OF APPEAL OF
Appellant: Wen-Hsiung Liao ) DENIAL OF BUSINESS PERMIT BY
10 ) POLICE COMMISSION
11 ) Date: April 19 , 1993
10 : 00 A.M.
12 ) Place: Council Chambers
City Hall
13 ) 300 North "D" Street
San Bernadino, CA
14
15 APPEAL FOR DENIAL OF BUSINESS PERMIT
16
1 . Mr. WEN-HSIUNG LIAO is the operator of the Desert Inn Motel .
17
He bought the business in 1980 . During all these past years of
18
operation, Mr. Liao had no problem securing the business permit.
19
2 . In early 1988, he sold the motel and became the trustee in
,)4.L.
the business . In July 1992 , the owner of the motel went
21
bankrupt. Mr. Liao, as trustee, re-acquired the business in
22
foreclosure. Mr. Liao re-applied for the business permit; his
23
application was denied on August 25, 1992 .
24
3 . Mr. Liao appealed the decision of the Chief of Police of
25
denial of his application for business permit to the Police
26
Commission on November 30, 1992 . The Police Chief 's decision was
27
28 Pagel
upheld by the Police Commission.
1
4 . Pursuant to San Bernardino Municipal Code Section 5 . 82 . 210
2
and 5 . 82 . 240, Mr. Liao has timely filed an appeal to the City
3
Council against the Police Commission's decision to uphold the
4
denial of his application of business permit.
5
GROUNDS OF DENIAL ARE BIASED IMPROPER AND INSUFFICIENT
6
In the Police Chief 's decision in denying Mr. Liao the
7
business permit, it was alleged that Mr. Liao had a prior
8
conviction, that Mr. Liao had made false statements , that Mr.
9
Liao permitted prostitution activity in his other motel .
10
However, the Police Chief failed to provide sufficient findings
11
of facts and law to support said allegations . The decision of
12
denial is therefore arbitrary and inconsistent with the law and
13
public policy.
14
I . SBMC 5 . 82 . 050 (A) - Prior Conviction
15
i The court records show that in 1983 , Mr. and Mrs . Liao
16
pled bargain to charges under P.C. 664/316 and subject to
17
probation for two years . There was no finding of facts to prove
18
that Mr. Liao or his wife had committed any crime relating to the
19
operation of the motel business . During the probation and in
20
subsequent years, Mr. Liao and his wife have remained law-abiding
21
residents and have not been found in violation of any law
22
relating to the operation of the motel .
23
In fact, as stated above, the police was satisfied with
24
Mr. Liao's operation and granted the renewal of business permit
25
in 1987 .
26
II . SBMC 5 . 82 . 050 (B) - Prior Significant Arrests
27
28 Paget
i
The so-called "prior significant arrests " made on the
1
premises of Mr. Liao's motel, as alleged by Police Chief, were
2
Mr. Liao 's calls for police assistance. In fact, in some
3
instances of these crimes , Mr. or Mrs . Liao was the victim. It
4
is against public justice that in an orderly and democratic
5
country that the Police punishes and blames citizens who report
6
crime when it itself has failed to protect small businesses and
7
ordinary citizens from the threat of criminal activities .
8
III . SBMC 5 . 82 . 050(D) - False Statements
9
The fact that Mr. Liao failed to recall the prior
10 charges which occurred nine years ago does not warrant a finding
11
that Mr. Liao has "knowingly" made any false, misleading or
12
fraudulent statement of facts .
13
It is not uncommon that an ordinary citizen may fail to
14
respond accurately and immediately when being interviewed by a
15 law enforcement officer, in particular, when the incidents being
16
asked occurred over nine years ago.
17 At the time of the interview, Mr. Liao was emotionally
18
unstable and frustrated because of the serious illness of his
19
wife. His failure to recall the prior charges was unintentional .
20 IV. Investigation of Seven Crowns Motel
21
Mr. Liao has been operating the Seven Crowns Motel for
22
nine years . He has never been charged for any violations .
23 The findings of the police investigation by Officers
24 Harps and Spindler at the motel do not reflect the truth. The
25 police officers had the opportunity to, but chose not to, make
26 inquiries to Mrs . Liao who was operating the motel at the time of
27
28 Page3
nvestigation. Harps alleged that Ms . Heidi Tseng, who was a
1
2 isiting relative of Mr. Liao from Taiwan, knowingly rented him a
3 room after Det. Spindler told Ms . Tseng that Harps was a
4 hooker. " Taiwan is a Chinese-speaking country, where the word
5 'hooker" is not commonly used to mean "prostitute. " Ms . Tseng
6 id not understand Harp's question. Furthermore, Ms . Tseng was
7 of an employee in the motel, nor did she know anything about
8 peration of the motel .
CONCLUSION
9
10 From 1980 till 1987 , Mr. Liao had no problem in
11
obtaining the permit in operating the motel . Since Mr. Liao re-
12 lolice) ,cquired the motel in July 1992 , according to Lt. Jarvis 's
13 estimony (see item 8, paragraph 9, page 9 of the Minutes of the
14 "the motel is in much better shape than it was before. "
he Chief of Police has failed to provide any fact or evidence to
15
16 how any change of circumstances which led to his decision to
17 deny Mr. Liao's application for business permit. Small business
18 owners like Mr. Liao have contributed to the community. At this
19 ime of weak economy, the community, residents and small
20 businesses need to work together to rebuild the community. It is
21 of only against law but also against public interest that the
olice attempts to shut down the small business without a legally
22
23 'ustified reason. The Police Commission's decision in upholding
he Police ' s denial should therefore be reversed and Mr. Liao's
24
pplication of business permit be granted.
25
26
Date: April 13, 1993 �k
27 Sing Chan, ttorney for Appellant
28 Page4
C,1I'Y-OF SAN BERN" RDINO - REQUEST P
jR COUNCIL ACT ON
STAFF REPORT
The application of Jack and Linda Liao (aka Wen-Hsuing and Lo Tsai Liao) for
a permit to operate the Desert Inn Motel, conforming to San Bernardino
Municipal Code 5.82 , was recommended for denial by the Chief of Police. A
hearing regarding the denial was brought before the Police Commission on
November 30, 1992 .
During the hearing, Jack and Linda Liao were present and represented by
Attorney Sing Chang. The Police Department was represented by Frank L.
Rhemrev, Deputy City Attorney. The Police Commission, after hearing the
testimony and examining the proofs presented, denied the appeal of Jack and
Linda Liao and upheld the decision by the Chief of Police.
The decision by the Chief of Police and Police Commission has been appealed
to the Mayor and Common Council. The appeal is scheduled to be heard by the
Mayor and Common Council June 21, 1993 . Mr. Liao has been and is attempting
to sell the motel .
During the Police Commission hearing, the following findings were presented:
1 - Mr. and Mrs. Liao obtained the Desert Inn in 1980 and operated it
approximately seven years.
2 - In 1987, the city adopted San Bernardino Municipal Code 5.82, which
requires operator's permits.
3 - All current owners, including the Liaos, were grandfathered an opera-
tor's permit.
4 - On December 8.k982, Jack and Linda Liao had each plead Nolo Contendere
to charges of Penal Code 664/316, which is attempting to keep or keeping
a disorderly or assignation house (a plea of Nolo Contendere has the
same effect as a guilty plea) .
5 - In July 1992 , Jack and Linda Liao reacquired the property and applied
for an operator's permit. During the interview for the operator's
permit by Community Service Representative R. Harps, Mr. Liao twice
denied ever being arrested or convicted.
6 - From August 1984 to February 1988 , there were 82 incidents to which the
Police Department responded. These incidents included assaults, thefts,
robberies, burglaries, drugs, stolen property, and prostitution. All
occurred on the business premise of the appellant and were related to
the method and manner the appellant operated his business.
7 - Mr. and Mrs. Liao also own and operate the Seven Crowns Motel in the
city of Orange. Mr. and Mrs. Liao's desk clerk at the Seven Crowns
Motel rented a room for one hour to a San Bernardino police officer
after being told the room was for prostitution.
San Bernardino Municipal Code 5.92 says an operator's permit will be issued
only upon finding that:
75-0264
9 1
"The applicant has not been convicted of any felony or crime of moral
turpitude or been found in violation of laws or a regulation in a governmen-
tal quasi-judicial proceeding when the facts underlying such proceeding or
conviction show a nexus between the crime or violation and the particular
business operations or indicate the lack of qualities essential to protect
the public health, safety and welfare in operations under the permit. "
"There were not prior significant arrests or police investigation concerning
sexual misconduct, illicit drug transactions, fencing activities or related
crimes occurring on and related to the operation of the business premises of
applicant. ,,
"The applicant has not knowingly made any false, misleading or fraudulent
statement of fact in the permit application process, or on any document
required by the City in conjunction therewith. ,,
CONCLUSION
It was found that:
Both Mr. Jack Liao and Mrs. Linda Liao have been convicted of a crime of
moral turpitude and they have significant prior arrests or police investiga-
tions concerning sexual misconduct, illicit drug transactions and related
crimes in and around the Desert Inn Motel during their ownership and Jack
Liao, in the application process, denied his arrest and conviction. Due to
the previously listed reasons operator's permit. Jack and Linda Liao do not qualify for an
Attachments:
Minutes of Police Commission meeting
Police background investigation:
Operator's permit application
Police report
Memo by Lt. Jarvis
Letter from City of Orange
Prior conviction docket
Computer printouts and miscellaneous information
1987 application
AWL
1 JAMES F. PENMAN, City Attorney
FRANK L. RHEMREV, Deputy City Attorney
2 300 North "D" Street
San Bernardino, California 92418
3 Telephone: ( 909 ) 384-5355
4 Attorney for Respondent,
POLICE CHIEF DANIEL ROBBINS
5
6
7
BEFORE THE CITY COUNCIL
8
OF THE CITY OF SAN BERNARDINO
9
10
11
In re The Appeal Of : )
12 ) BRIEF OF POLICE CHIEF DANIEL
JACK LIAO ) ROBBINS IN SUPPORT OF DENIAL
13 ) OF OPERATOR'S PERMIT
14 )
DATE: June 21, 1993
15 ) TIME: 10:00 A.M.
PLACE: Council Chambers
16 ) City Hall
300 North "D" St.
17 ) San Bernardino, CA
18
19 INTRODUCTION
20 JACK LIAO was the owner/operator of the Desert Inn Motel
21 located at 607 W. 5th Street, San Bernardino, California from (at
22 least) 1982 to 1988 . In 1987 , the City imposed requirements for
23 an Operators Permit . Mr . Liao, as a current owner, was
24 "grandfathered" in and issued an Operators Permit . In March
25 1988 , Chiau-Li Chen purchased the property from JACK LIAO. In
26 July 1992 , JACK LIAO re-acquired the property and applied for an
27 Operator' s Permit . After investigation by the Chief of Police,
28 the application was denied. JACK LIAO appealed the decision of
FLR/aLCJLiao.BRF] 1
1 the Chief of Police denying his application for an Operator' s
2 Permit to the Police Commission which upheld the denial of the
3 application. JACK LIAO now appeals the denial of his application
4 for an Operators Permit to the City Council .
5 DENIAL WAS PROPER
6 San Bernardino Municipal Code 5 . 82 . 050 sets forth the
7 investigative process, the relevant facts and materials to be
8 considered, and the findings which have to be made by the CHIEF OF
9 POLICE prior to the issuance of an Operator' s Permit. The Chief
10 found 1 ) that Appellant had a prior conviction for a crime
11 directly related to the business of running a motel; 2 ) that
12 there were prior significant arrests on or related to the business
13 premises of the Appellant; 3 ) that Appellant had knowingly made
14 false statements during the application process; and 4) that
15 there was other relevant factual material to support his decision.
16 SBMC 5.82 .050(A) - PRIOR CONVICTIONS
17 Court records confirm that JACK AND LINDA LIAO were charged
18 with four counts of P.C. 316 on August 8, 1983 . A plea bargain
19 was reached on December 8, 1983 and JACK LIAO and his wife LINDA
20 LIA.O pled nolo contendere to P.C . 664/316 (attempt/keeping
21 disorderly or assignation house) .
22 A plea of nolo contendere has exactly the same effect as a
23 guilty plea. Thus , this is a prior conviction for an offense
24 directly related to the particular business operation i . e. Motel
25 and shows the lack of qualities essential to protect the public
26 health, safety and welfare . ( See Court Records ) .
27
28
FLR/aLCJLiao.BRF] 2
I SBMC 5.82 .050(B) - PRIOR SIGNIFICANT ARRESTS
2 From August 1984 to February 1988, during which JACK LIAO
3 was the owner/operator of the Desert Inn Motel, there were 82
4 incidents to which the Police Department responded. These
5 incidents included assaults, thefts, robberies, burglaries, drugs,
6 stolen property, and prostitution. ( See Incident Reports ) . All
7 occurred on the business premise of the Appellant and were related
8 to -the method and manner in which Appellant operated his business .
9 ( See also memo from Lt. Jarvis dated August 19, 1992 ) .
10 SBMC 5.82 .050(D) - FALSE STATEMENTS
11 During the investigation C. S .R. Harps interviewed the
12 Appellant. MR. LIAO was asked two times if he had ever been
13 arrested. Both times he replied "no" . When specifically asked
14 about the incident in 1983 he "remembered" only his wife' s prior
15 arrest for violation of P.C. 316, not his own.
16 OTHER RELEVANT FACTUAL MATERIAL
17 The Appellant also owns/operates the Seven Crowns Motel in
18 the City of Orange. As part of the investigation C. S .R. Harps,
19 accompanied by other San Bernardino Police Officers, went to the
20 motel . They were able to obtain a room even after advising the
21 clerk that the room was to be used for prostitution purposes .
22 ( See investigative report of C. S . R. Harps ) . Additionally, Orange
23 Police Department provided information regarding the motel and
24 advised that the motel ' s police service rate is higher than other
25 similar motels in the city. ( See letter from Bob Green dated
26 August 7 , 1992 ) .
27
28
FLR/aLCJLiao.BRF7 3
f
1
1 CONCLUSION
2 The evidence before the City Council overwhelmingly supports
3 the denial of the Operator' s Permit. The Chief of Police' s
4 decision should be upheld.
5
Dated: April 26, 1993
FRANK L. RHEMREV
7 Deputy City Attorney
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FLR/aL[JLiao.BRF1 4
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO
3
I am employed in the County of San Bernardino, State of
4 California. I am over the age of 18 and not a party to the within
action; my business address is 300 No. "D" Street, Rm. 668, San
5 Bernardino, California.
6 On April 27, 1993, I served the foregoing document
described as BRIEF OF POLICE CHIEF DANIEL ROBBINS IN SUPPORT OF
7 DENIAL OF OPERATOR'S PERMIT on the persons set forth below as
follows :
8
Sing Chan
9 Attorney at Law
752 S. Atlantic Blvd
10 Monterey Park, CA 91754
11
12
XX (BY MAIL) I caused such envelope with postage thereon
13 fully prepaid to be placed in the United States
14 mail at San Bernardino, California.
(BY PERSONAL SERVICE) I caused such envelope to be
15 delivered by hand to each of the above named persons at
the above address .
16
(BY FAX) I caused the foregoing document to be
17 FAXED to the parties listed above, FAX #
18 _XX ( STATE) I declare under penalty of perjury under the
laws of the State of California that the above is
19 true and correct .
20 (FEDERAL) I declare that I am employed in the office
of a member of the bar of this court at whose
21 direction the service was made.
22 Executed on April 27 , 1993, at San Bernardino,
California.
23
24 _APRIL LOUDERMILK
25 (type or print name) ( si nature)
26
27
28
FLR/aICJLiao.BRF] 1
I Sing Chan ( 147363)
Attorney At Law
2 752 S. Atlantic Blvd. ,
Monterey Park, CA 91754
3 Phone: ( 818) 458-5557 Fax: ( 818) 458-1619
Attorney for Appellant
4 Wen-Hsiung Liao
5
BEFORE THE CITY COUNCIL
6
OF THE CITY OF SAN BERNARDINO
7
8 In re Appeal of Denial of )
Business Permit )
9 ) BRIEF IN SUPPORT OF APPEAL OF
Appellant: Wen=Hsiung Liao ) DENIAL OF BUSINESS PERMIT BY
10 ) POLICE COMMISSION
11 ) Date: April 19 , 1993
10:00 A.M.
12 ) Place: Council Chambers
City Hall
13 ) 300 North "D" Street
San Bernadino, CA
14
15 APPEAL FOR DENIAL OF BUSINESS PERMIT
16
1 . Mr. WEN-HSIUNG LIAO is the operator of the Desert Inn Motel .
17
18 He bought the business in 1980 . During all these past years of
�
19 operation, Mr. Liao had no problem securing the business permit.
�
2 . In early 1988, he sold the motel and became the trustee in
20
the business . In July 1992 , the owner of the motel went
21
22 bankrupt. Mr. Liao, as trustee, re-acquired the business in
23 foreclosure. Mr. Liao re-applied for the business permit; his
application was denied on August 25, 1992 .
24
3 . Mr. Liao appealed the decision of the Chief of Police of
25
denial of his application for business permit to the Police
26
Commission on November 30, 1992 . The Police Chief 's decision was
27
28 Pagel
t
upheld by the Police Commission.
� 1
4 . Pursuant to San Bernardino Municipal Code Section 5 . 82 . 210
2
and 5 . 82 . 240, Mr. Liao has timely filed an appeal to the City
3
Council against the Police Commission's decision to uphold the
4
denial of his application of business permit.
5
GROUNDS OF DENIAL_ ARE BIASED, IMPROPER AND INSUFFICIENT
6
In the Police Chief 's decision in denying Mr. Liao the
7
business permit, it was alleged that Mr. Liao had a prior
8
conviction, that Mr. Liao had made false statements, that Mr.
9
Liao permitted prostitution activity in his other motel .
10
However, the Police Chief failed to provide sufficient findings
11
of facts and law to support said allegations . The decision of
12
denial is therefore arbitrary and inconsistent with the law and
13
public policy.
14
I . SBMC 5 . 82 . 050 (A) - Prior Conviction
15
The court records show that in 1983, Mr. and Mrs . Liao
16
pled bargain to charges under P.C. 664/316 and subject to
17
18 probation for two years . There was no finding of facts to prove
that Mr. Liao or his wife had committed any crime relating to the
19
operation of the motel business . During the probation and in
20
subsequent years, Mr. Liao and his wife have remained law-abiding
21
residents and have not been found in violation of any law
22
relating to the operation of the motel .
23
In fact, as stated above, the police was satisfied with
24
Mr. Liao ' s operation and granted the renewal of business permit
25
in 1987 .
26
II . SBMC 5 . 82 . 050 (B) - Prior Significant Arrests
27
28 Page2
The so-called "prior significant arrests " made on the
1
premises of Mr. Liao's motel, as alleged by Police Chief, were
2
Mr. Liao's calls for police assistance. In fact, in some
3
instances of these crimes, Mr. or Mrs . Liao was the victim. It
4
is against public justice that in an orderly and democratic
5
6 country that the Police punishes and blames citizens who report
crime when it itself has failed to protect small businesses and
7
ordinary citizens from the threat of criminal activities .
8
III . SBMC 5 . 82 . 050(D) - False Statements
9
10 The fact that Mr. Liao failed to recall the prior
11 charges which occurred nine years ago does not warrant a finding
12 that Mr. Liao has "knowingly" made any false, misleading or
fraudulent statement of facts .
13
14 It is not uncommon that an ordinary citizen may fail to
respond accurately and immediately when being interviewed by a
15
16 law enforcement officer, in particular, when the incidents being
asked occurred over nine years ago.
17
At the time of the interview, Mr. Liao was emotionally
18
unstable and frustrated because of the serious illness of his
19
wife. His failure to recall the prior charges was unintentional .
20 IV. Investigation of Seven Crowns Motel
21
Mr. Liao has been operating the Seven Crowns Motel for
22
nine years . He has never been charged for any violations .
23
The findings of the police investigation by Officers
24 Harps and Spindler at the motel do not reflect the truth. The
25 police officers had the opportunity to, but chose not to, make
26 inquiries to Mrs . Liao who was operating the motel at the time of
27
28 Page3
nvestigation. Harps alleged that Ms . Heidi Tseng, who was a
1
2 visiting relative of Mr. Liao from Taiwan, knowingly rented him a
3 room after Det. Spindler told Ms . Tseng that Harps was a
hooker. " Taiwan is a Chinese-speaking country, where the word
4
5 'hooker" is not commonly used to mean "prostitute. " Ms . Tseng
6 id not understand Harp's question. Furthermore, Ms . Tseng was
7 of an employee in the motel, nor did she know anything about
8 operation of the motel .
CONCLUSION
9
10 From 1980 till 1987 , Mr. Liao had no problem in
11
obtaining the permit in operating the motel . Since Mr. Liao re-
12 acquired the motel in July 1992, according to Lt. Jarvis 's
13 estimony (see item 8, paragraph 9, page 9 of the Minutes of the
14 Police) , "the motel is in much better shape than it was before. "
he Chief of Police has failed to provide any fact or evidence to
15
how any change of circumstances which led to his decision to
16
17 deny Mr. Liao's application for business permit. Small business
18 owners like Mr. Liao have contributed to the community. At this
19 ime of weak economy, the community, residents and small
20 businesses need to work together to rebuild the community. It is
21 of only against law but also against public interest that the
22 olice attempts to shut down the small business without a legally
23 justified reason. The Police Commission's decision in upholding
24 he Police ' s denial should therefore be reversed and Mr. Liao's
25 application of business permit be granted.
26 I
Date: April 13 , 1993
27 Sing Chan, ttorney for Appellant
28 Page4
k
1 BEFORE THE POLICE COMMISSION
2 OF THE CITY OF SAN BERNARDINO
In the Matter of the Hearing of ) FINDINGS OF FACT
3 ) AND STATEMENT OF
DECISION; NOTICE OF
4 JACK and LINDA LIAO ) RIGHT TO APPEAL
(DESERT INN MOTEL) )
5 )
6 The above-captioned matter concerning the application of
7 JACK and LINDA LIAO (AKA WEN-HSIUNG LIAO and LO TSAI LIAO),
8 pursuant to San Bernardino Municipal Code Chapter 5.82, for a
9 permit to operate the Desert Inn Motel came on for hearing on
10 November 30, 1992, at 6:30 p.m. , before the Police Commission of
11 the City of San Bernardino in the Council Chambers at City Hall at
I
12 300 North "D" Street, San Bernardino, California 92418.
13 JACK LIAO was present and was represented by Attorney SING
I
14 CHANG throughout the hearing. The Police Department was
15 represented by FRANK L . RHEMREV, Deputy City Attorney. A quorum
16 of the Police Commission was present. The Commission heard the
17 testimony and examined the proofs offered by the parties and the
` 18 cause was submitted for decision. The Police Commission being
I
19 fully advised, makes its Findings of Fact and Statement of
20 Decision as follows:
21 FINDINGS OF FACT
22 1 . Mr. and Mrs. Liao immigrated to the United States from
23 Taiwan in 1978 .
24 2 . Mr. and Mrs. Liao purchased the Desert Inn in 1980, and
25 operated it for 7 years.
26 3 . In 1987, the City imposed the requirement for an
27 Operator ' s Permit.
28 4. All current owners were grandfathered.
DAB:kfm[LIA0.FDG1` 1
r '
1 5. On December 8, 1983, Mr. & Mrs. Liao pled nolo
2 contenders to a charge of violating Penal Code §§ 316 and 664
3 ( attempting to keep or keeping a disorderly or assignation house)
4 for activities relating to their operation of the Desert Inn
5 motel-
6 6. During an interview for the present application of Mr.
7 Liao by Community Services Representative Harps, Mr. Liao twice
8 denied ever being arrested or convicted.
9 7. In early 1988, Mr. & Mrs. Liao sold the motel to Chiau-
10 Li Chen.
11 8. In July 1992, Mr. & Mrs. Liao reacquired the motel and
12 applied for an Operator' s Permit.
13 9 • From approximately 1984 to early 1988, there were 82
14 incidents at the motel to which the Police Department responded
15 including assaults, thefts, robberies, burglaries, drugs, stolen
16 property and prostitution all occurring on the business premises
17 and which relate to the method and manner in which Appellants
18 operated their business.
19 10. Mr. and Mrs. Liao also own and operate The Seven Crowns
20 Motel in the City of Orange.
21 11 . An agent of Mr. & Mrs. Liao at The Seven Crowns Motel
22 rented a room to a San Bernardino City Police Officer for one hour
23 although told that the room was to be used for the purposes of
24 prostitution.
25 12 . San Bernardino Municipal Code § 5.82.050 prohibits the
26 issuance of an Operator' s Permit to anyone who has been convicted
27 of a crime of moral turpitude "when the facts underlying
28 such. . . conviction show a nexus between the crime or violation and
DAB:kfm[LIA0.FDG] 2
1 the particular business operations or indicate the lack of
2 qualities essential to protect the public health, safety and
3 welfare in operations under the permit. "
4 13. The Code Section also prohibits the issuance of a
5 permit to anyone with "prior significant arrests or police
6 investigation concerning sexual misconduct, illicit drug
7 transactions, ' fencing' activities or related crimes on and
g related to the operation of the business premises of applicant. "
9 14. The Code Section also prohibits the issuance of a
10 permit to anyone who has "knowing made any false, misleading or
11 fraudulent statement of fact in the permit application process, or
12 on any document required by the City in conjunction therewith. "
13 CONCLUSION
14 The Appellants, Mr. and Mrs. Jack and Linda Liao, do not
15 qualify for an operator' s permit pursuant to San Bernardino
16 Municipal Code Chapter 5 . 82, in that they have both been convicted
17 of a crime of moral turpitude which arose out of and relates to
18 the operation of the Desert Inn Motel, they have had significant
10 prior arrests or police investigations concerning sexual
20 misconduct, illicit drug transactions, and related crimes on and
21 in the immediate vicinity of the Desert Inn Motel during their
22 ownership, and Appellant Jack Liao in the application process
23 denied any arrest or conviction when he knew that he had been both
24 arrested and convicted.
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DAB:kfm[LIAO.FDG] 3
y
1
1 STATEMENT OF DECISION
2 The Police Commission of the City of San Bernardino does
3 hereby order as follows:
4 The Appeal of JACK and LINDA LIAO from the denial of an
5 Operator' s Permit by the Chief of Police is denied.
6
7 Dated:
8 APPROVED:
9
10 Chairman
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DAB:kfm[LIAO.FDG) 4
j PLEASE TAKE NOTICE that pursuant to the terms of San
2 Bernardino Municipal Code 55.82.210 to 55.82.250 this decision may
3 be appealed to the Mayor and Common Council of the City of San
4 Bernardino by filing a written notice of appeal with the City
5 Clerk directed to the Mayor and Common Council within ten (10)
6 calendar days after the date of action or decision. Such appeal
7 shall state the specific action appealed from, the specific
8 grounds of the appeal and the relief or action sought. The Mayor
9 and Common Council may accept an appeal for hearing when any of
10 the following conditions exist: The appellant was denied the
11 opportunity to make a full and complete presentation to the Police
12 Commission, new evidence is now available that was not available
13 at the time of the Police Commission hearing, or the Police
14 Commission' s decision was arbitrary and capricious because
15 inadequate evidence was presented to the Commission to support its
16 decision.
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DAB:kfm[LIA0.FDG] 5
BERNADINO POLICE ID : 714-384-5601 APR 19 ' 93 8 :31 N0 .001 P -02
City Of Oan Bernardino
Ban Bernardino Police Department
1 { interoffice Memorandum
To: Frank Rhemrev, Deputy City Attorney
From: Consuelo Ramirez, sr. Secretary, Police Department
Subject: Police Commission Minutes Regarding Desert inn Appeal
Hearing
Date: March 29, 1993
Copies:
I have reviewed the tapes of the Desert Inn Motel appeal hearing.
Mr. Chan's questioning of Sgt. Tull was not included in the minutes
as you objected to Mr. Chan's questioning on the basis of
relevance. Your objection was sustained by Acting chairman Thomas.
HERNADINO POLICE ID : 714-384-5601 APR 19 ' 93 8 .31 No .001 P .03
1
{ Mr. Chan asks Sgt. Tull whether it was legally required to check
I.b. 's, not to rent rooms to people for long periods of time, and
to personally know hotel guests. Sgt. Tull states no they are not.
However, if we advise them or if they are aware of criminal
activity these are steps they need to take to eliminate criminal
activity.
Mr. Chan states to eliminate long-term renting would cause them to
lose some part of their business and to require that they know the
hotel guests would eliminate a very large part of their business,
which Sgt. Tull has admitted is not legally required.
Mr. Chan asks Sgt. Tull if he advisee them to comply with his
requirement--which was not a legal requirement--the result is to
lose a significant part of their business.
Sgt. Tull replies, he is giving them steps and suggestions to
eliminate criminal activity on their property. If they chose to
use those fine. If they don't, we will take steps to do something
with their operator's permit.
Mr. Chan states if they do not comply with Sgt. Tull 's advice--
which were not legally required--would cause direct loss of their
business, Sgt. Tull would do something to their business permit.
At this point, you objected to Mr. Chan's questioning. You state
you don't believe this particular dialouge is getting us anywhere.
You objected on the basis of relevance. The issue is not what they
can do in the future. The issue is whether or not the past
criteria is sufficient to warrant the denial of the permit.
Mr. Chan states he believes there is direct relevancy to the reason
behind the denial of a regular business permit.
Acting chairman Thomas sustained your objection and made the
comment that Sergeant Tull didn't call these requirements. He is
calling them "suggestions. "
Mr. Chan states if the Liao's failed to comply with Sgt. Tull 's
advice which were not a legal requirement, he would do something to
their business permit,
Acting Chairman Thomas interjects and states that Sgt. Tull has
answered this question, He said that if it results in criminal
activity, he would take action.
Mr. Chan asks Sgt. Tull if he would do something to the business
only if there was a result of criminal activities.
Sgt. Tull states if they were aware of criminal activities and
criminal activity was still occurring on their business, they did
not take steps to eliminate that criminal activity after being made
aware of it, yes steps would be taken to correct that and that step
would be to file a complaint with the Police Commission and let the
Police Commission hear it and the penalty for that the first time
is a 30-day loss of license.
3
1
SAN BERNADINO POLICE ID : 714-384-5601 APR 19 ' 93 8 :46 No .002 P .02
r
Mr. Chan asks if the..a has been any kind of comp.,aint filed under
f Mr. Laiols management. Sgt. Tull states no there has not.
Mr. Chan states in the absence of any complaint that was actually
filed, thero was no criminal activities during that period. Sgt.
Tull states there was. There was no complaint filed because Mr.
Liao sold the business. He is sure if he would have stayed there
and continued conducting the business like he did, a complaint
would have been filed. However, he chose to sell the motel at his
present stage and leave San Bernardino.
Mr. Chan continues his questioning of Sgt. Tull asking if he would
expect that there would be a complaint filed because of possible
criminal activities. Sgt. Tull states if criminal activity was
occurring on his premise the way it was prior to his departure, he
feels confident that a complaint would have been filed.
Mr. Chan states had Mr. Liao chosen to stay with his business, Sgt.
Tull would expect that there would be a complaint filed because of
Possible criminal activities. Sgt. Tull replies if criminal
activity was occurring on his premise the way it was prior to his
depature, he feels confident that a complaint would have been
filed.
Mr. Chan states that was a possiblity. In the last four months
there wasn't any criminal activity to his knowledge. Sgt. Tull
states circumstances were slightly different also. Mr. Chan states
they were also under Mr. Liao's management. Sgt. Tull continues to
state there was no criminal activity at the Desert Inn in the last
four months .
W.R.-BOB-NOLCOMB
NARp�y M4-
-a r, EST HER STSTRADA
First SP 9i
C J T C I T Y O F
JACK
O
V
RALPH Third Yftrd EZ
= an Bernardino MICHAEL MALIDSLEY
J� – 0�� Fouts Ward
tinFD 1y ` TOM MINOR
FIM Ward
P O L I C E 0 E P A R T M E N T VALERIE POPE-LUpAM
Shrth WW
D A N I E L A R 0 B B I N S
C H I E F O F P O L I C E NORNE MILLER
Savant Ward
M I N U T E S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
1. CALL TO ORDER. . . . . .
The meeting was called to order by Vice Chairman Thomas at
6: 35 p.m.
2 . PLEDGE OF ALLEGIANCE. . . . . .
The pledge was led by Commissioner Rankins.
3 . ROLL CALL. . . . . .
Present Absent
Eugene Boisvert Dan Torres
Ira Bracken
Al Fletcher
Barbara Nettles
Roger O'Campo
Jerri Rankins
Dave Thomas
Robert Vega
Dan Westwood
4 . PLEDGE OF ALLEGIANCE. . . . . .
Commissioner Rankins led the pledge of allegiance.
5. APPROVAL OF PREVIOUS MINUTES. . . . . . None - no quorum.
6. CORRESPONDENCE. . . . . .
Letter dated October 29, 1992 , from Steven G. Bonneville.
Commissioner Rankins moved that the Commission postpone
responding to this letter until the December Police Commission
meeting. 40 7
PRIDE �
IN PROGRESS
P O S T O F F I C E B O X 1 5 5 9 , S A N B E R NA R D I N O
C A L I F O R N I A 9 2 4 0 1 - 1 5 5 9 7 1 4 1 3 4 4 - 5 7 4 !
J
7. OLD BUSINESS. . . . . .
None.
8. NEW BUSINESS. . . . . .
Appeal of the Police Department's denial of a business
operator's permit for the Desert Inn Motel, 607 W. Fifth
Street, San Bernardino, Jack Liao, owner.
8. NEW BUSINESS. . . . . .
Frank Rhemrev, Deputy City Attorney, appeared on behalf of the
Police Department. Mr. Rhemrev stated the matter was a
relatively simple matter relating to a denial of an operator's
permit. The Commission received both the Department's brief,
as well as the appellant's brief. Mr. Rhemrev called Robin
Harps to testify.
Ms. Harps was sworn in by the recording secretary.
In response to questions by Mr. Rhemrev, Ms. Harps stated the
following:
Her job title is community service representative II, assigned
to the Vice Department. As part of her duties she is assigned
to conduct investigations of applications for operator's
permits. She was assigned the application for Mr. Jack Liao.
Ms. Harps set up an interview with the applicant on 8/4/92.
During that interview, she went through a set of questions
with the applicant. When asked, Mr. Liao replied he had never
been arrested. Ms. Harps went over various businesses Mr.
Liao had, including the 7 Crowns Motel in the City of Orange.
Mr. Liao is also part owner of a trailer park in Hemet. Ms.
Harps went over with Mr. Liao police concerns for the area.
This particular area included narcotics, prostitution, etc.
Mr. Liao was given a copy of Municipal Code 5.82, which
relates to his operator's permit. This spells out the
responsibilities of the applicant, as well as different phases
the Police Department goes through in their investigation.
Ms. Harps contacted the Orange Police Department. Ms. Harps
ran a records check on the applicant and the location. Mr.
Liao had been arrested for keeping a disorderly house in 1984 .
Ms. Harps asked him twice about the prior conviction. Mr.
Liao replied no he had never been arrested both times. Ms.
Harps confronted Mr. Liao with the fact that he had a prior
conviction and she had the documentation to back it up. Ms.
Harps asked again what happened, and he replied that it was
his wife that had been arrested. Mr. Liao did not at anytime
admit to the fact that he had a prior conviction.
N I N V T E N
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -3-
8 . NEW BUSINESS. . . . . .
Ms. Harps talked to Detective John Moore at the Orange Police
Department. She discussed the fact that Mr. Liao operated the
7 Crowns Motel which is located in Orange. The Orange Police
Department indicated that this particular motel had a higher
rate of calls for service than other motels in their city.
The sergeant sent Ms. Harps a letter regarding what kinds of
calls for service they were. They included suspicious
activities, drunk or drugged adults, marijuana, trespassing,
repossessed vehicles.
Mr. Rhemrev stated the investigative report drafted by Ms.
Harps is a part of the package, as well as the August 7th
letter from Sgt. Bob Green from the Orange Police Department.
Ms. Harps visited the 7 Crowns Motel, accompanied by Detective
Spindler. Ms. Harps stayed in the car, and Detective Spindler
went inside and asked the clerk if he could obtain a room for
an hour, and if so, how much would it be. The clerk said it
would be $20. Ms. Harps did not have any conversation with
the clerk until afterward.
Detective Spindler advised Ms. Harps he was successful in
obtaining a room. He said he went in, told the clerk he had
picked up a hooker, and asked her if she recognized Ms. Harps.
The clerk said no. Detective Spindler repeated to the clerk
a couple of times that he wanted to make sure he wouldn't get
in trouble and just wanted the room for an hour. This took
place on 8/19/92.
While in the City of Orange, Ms. Harps obtained copies of
reports that had occurred at the 7 Crowns Motel location.
These reports mentioned suspicious activities and drunk or
drugged adults. One incident described someone had broken
into a room. The Police were called to remove them because
they were trespassing. Ms. Harps could not remember the
specifics.
Ms. Harps contacted Lieutenant Jarvis regarding the Desert Inn
in San Bernardino because he is the area commander for the
Desert Inn. Lt. Jarvis wrote a memo in regards to the Desert
Inn and how Mr. Liao conducted the !:)usiness when he was the
owner previously. Mr. Rhemrev said the memo from Lieutenant
Jarvis is dated August 19, 1992, and is also a part of the
package. Ms. Harps compiled a computer printout of the Desert
Inn's location for the period of 1984 to 1988.
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SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -4-
8. NEW BUSINESS. . . . . .
As part of Ms. Harps' investigation, she discovered that on
February 26, 1987, Mr. Liao received a letter from Donald
Burnett, Chief of Police at the time, that the Department had
become aware of prostitution occurring at the Desert Inn
Motel. Mr. Rhemrev stated that letter is also made part of
the packet and is addressed to Jack & Linda Patel.
Ms. Harp does not know why there is a discrepancy between the
names listed on the letter, Patel and Liao. To the best of
her knowledge, Jack & Linda Liao were the owners of the motel
at the date this letter was written, February 26, 1987.
Mr. Liao previously applied for an operator's permit in 1987.
Mr. Liao had to apply for the operator's permit because in
1987 the Municipal Code that called for an operator's permit
was enacted. At that time, anyone operating a business was
grandfathered in. Prior to 1987, there were no operator
permits required for motel operators.
Mr. Liao sold the motel in 1987. The owner of the motel was
possibly Mr. Chan.
Mr. Liao told Ms. Harps that the previous owner had gone
bankrupt so he got the motel back. As a new owner, he had to
apply for an operator's permit. That was the purpose of the
interview/investigation when he applied for the operator's
permit.
In response to questions asked by Sing Chan, the attorney
representing Mr. Liao, Ms. Harps related the following:
Ms. Harps compiled the recommendation on page 3. Ms. Harps
referred to the computer print out and Lt. Jarvis' memo when
compiling her recommendation.
Mr. Chan attempted to question Ms. Harps regarding incidents
listed on the computer printout for the location of the Desert
Inn. Mr. Rhemrev objected stating Sgt. Tull would be able to
answer the questions. Objection was sustained.
It was noted that the computer printouts do not indicate who
caused the police problems.
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SAN BERNARDINO POLICE COMMISSION
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PAGE -5-
8. NEW BUSINESS. . . . . .
Ms. Harps affirmed that when she referred to short-term rental
practice continuing in Mr. Liao's operations, she was
referring to the incident in Orange County at the 7 Crowns
Motel specifically, and there were no other incidents that she
was referring to.
Ms. Harps stated Detective Spindler talked to the clerk. She
did not speak to the clerk until afterwards.
Ms. Harps stated the clerk's English was okay.
Ms. Harps does not remember checking the clerk's
identification. Ms. Harps said the clerk said she had been at
the motel about a month.
Mr. Rhemrev questioned Ms. Harps again, and Ms. Harps
testified to the following:
When she compiled information, she compiled the information
from many sources, computer printouts, actual interviews with
other police departments, an interview with the applicant,
interviews with other members of the San Bernardino Police
Department. Her recommendation is a police recommendation and
not necessarily her recommendation. Ms. Harps' recommendation
is based upon input from a lot of sources.
Detective Robert Spindler was called as a witness to testify.
He was sworn in and related the following in response to
questions by Mr. Rhemrev:
Detective Spindler is a detective assigned to the Vice
Investigations Unit. Detective Spindler assisted Robin Harps
in her investigation of the Desert Inn. He accompanied her to
the 7 Crowns Motel in the City of Orange. Detective Spindler
stated he entered the office area of the motel while Ms. Harps
remained in the car. He contacted the on-duty clerk, asked
her how much it would cost to rent a room for an hour. He was
told that it would be $20. During the course of the
conversation, he mentioned to the clerk that he had a hooker
in the car, that he had just picked her up, and he asked her
if she recognized Ms. Harps. The clerk looked outoide and
then informed him that she did not. She then rented him the
room for $20. Throughout the entire conversation, it was his
impression that he made it quite clear to the clerk the
purposes for which he was renting the room. The conversation
was recorded and is on tape.
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PAGE -6-
8 . NEW BUSINESS. . . . . .
Detective Spindler signed a registration card. He then left
the office area, proceeded to the rented room, at which time
Detective John Diaz and the Detective from the city of Orange
entered the office and made contact with the occupants.
At that time, the Orange Police Department took no law
enforcement action. Detective Spindler does not know if
action was taken at a later date.
Detective Spindler did not have any significant conversation
with the clerk after the incident.
It was apparent to Detective Spindler that the clerk was able
to understand the English language.
Detective Spindler did not speak to anyone at the business
aside from the clerk.
Detective Spindler said Linda Liao was at the motel at that
time. At the time the transaction took place, Detective
Spindler believes she was in the back room. She was not in
their immediate presence as Detective Spindler did not see
her.
In response to questions from Mr. Chan, Detective Spindler
stated the following:
He did not ask for the clerk's identification.
The clerk complied with what Detective Spindler was asking her
to do in terms of looking at the occupant of the vehicle. She
readily did this as if she understood completely.
In reviewing the tape recording, Detective Spindler assumed
that she understood the expression "hooker. "
After renting the room, he had no further communication with
the clerk. Mrs. Linda Liao was not within the counter area at
the time he rented the room.
Detective Spindler does not know what the regular room rate is
at the 7 Crowns Motel.
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PAGE -7-
8. NEW BUSINESS. . . . . .
Lt. Stephen Jarvis was sworn in and gave the following
testimony:
Lt. Jarvis was contacted by Robin Harps to assist in the
Desert Inn investigation. Lt. Jarvis stated he is familiar
with the Desert Inn Motel and the general location in which it
is located. Over the years Lt. Jarvis and Mr. Liao have
spoken a number of times.
Lt. Jarvis stated he has been a policeman in the city for 21
years. The last 10 or 12 years have been devoted to the
central portion of the city.
During the period of 1984 Lt. Jarvis was a field sergeant
assigned to the central portion of the city which encompasses
the motel. In 1986, he was transferred to the Narcotics Unit,
and he worked a street task force buy team, predominantly out
of the central portion of the city of San Bernardino. This is
in the same general area that the Desert Inn is located.
Lt. Jarvis drafted a memo at the request of Robin Harps for
this investigation.
Mr. Rhemrev stated this memo is part of the package and is
dated August 19th from Lt. Jarvis to Lt. Snell via the chain
i of command regarding the Desert Inn Motel.
Regarding the second paragraph of this memo, officers would
run hookers and vagrants off the street corner, and they would
have keys to the motel. Officers would go to the business on
disturbances, fights, suspected drug sale calls, either in the
rooms or in the parking lots. The rooms were, overall, kept
in poor repair. There was open wiring; on the bottom floor
there was water seeping from the roof; there were open
electrical circuits and switch plates; people using hot
plates, cooking in the rooms. These are all violations of
either state, federal or municipal codes.
In the third paragraph of the memo, Lt. Jarvis states that
Jack Liao allowed rooms to be rented to anyone that had the
cash.
aTEa
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -8-
8. NEW BUSINESS. . . . . .
When drafting this memorandum, Lt. Jarvis remembered two
particular incidents. There was a 15 year old runaway from
Rialto. He took some money from his mother or father. He
rented a room for four or five days at the Desert Inn. The
youngster told Lt. Jarvis he paid cash, and he did not have to
show any identification.
When Lt. Jarvis worked narcotics, he spoke with two youngsters
who had a room there. One was 15 and the other was 16 or 17
from Orange County. They allowed officers in the room. The
older of the two had rented the room. They had been there for
over a week. They admitted they were dealing cocaine/crack
out of the room. No identification was shown when they rented
the room. Officers had to verify identification out of Orange
County.
As a uniformed sergeant, one of Lt. Jarvis' duties was to keep
the streets as clear and clean as possible of prostitutes.
During this time, Fifth & F was the central portion of the
problem. A good portion of the time prostitutes had keys for
rooms at the Desert Inn.
Conversations with prostitute revealed that it was common
knowledge that they could get a room for an hour or two at the
Desert Inn.
In paragraph four of Lt. Jarvis' memo he states when Mr. Liao
sold the motel it was clean and the largest portions were
habitable. He is referring to the municipal code, and housing
violations as well as the overall facade of the motel. This
was about the time community-oriented policing came into
being. Government overall, especially the Police Department,
started looking more toward being proactive rather than
reactive. He knows that the Vice Unit was very active in
enforcing codes, and a number of City agencies were pushing to
clean up a number of the motels downtown that were causing
problems.
It is Lt. Jarvis' opinion that the change to the Desert Inn
Motel was due to actions by City government as opposed to Jack
Liao.
Lt. Jarvis' feels very strongly that if Mr. Liao was allowed
to operate the Desert Inn Motel that it would cause problems
in the downtown area.
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -9-
8 . NEW BUSINESS. . . . . .
In response to questions from Mr.Chan, Lt. Jarvis stated the
following:
Lt. Jarvis is familiar with the Desert Inn Motel run by Mr.
Liao. Lt. Jarvis has spoken to Mr. Liao on a number of
occasions. Lt. Jarvis can recall a couple of instances when
he talked to Mr. Liao. As far as a specific day and a time,
Lt. Jarvis cannot recall.
Lt. Jarvis stated he made contact with prostitutes, and they
would run into the lobby of the Desert Inn. Lt. Jarvis would
contact Mr. Liao personally and tell him these people were
hookers, and ask him why they were allowed in the motel
office. Mr. Liao, or whomever was working the desk, would
move them along. Some had rooms at the Desert Inn Motel.
Lt. Jarvis stated he spoke with a man named "Jack" who was
purported to be the owner. These contacts took place between
1984 through 1987. Lt. Jarvis does not recall a specific
answer from Mr. Liao.
Lt. Jarvis stated the information he received about
prostitutes and runaways was second-hand information.
Mr. Jarvis took no criminal action against Mr. Liao related to
prostitution and runaways.
The Police Department has the option of enforcing municipal
codes. Lt. Jarvis did not write citations. Lt. Jarvis,
however, personally made observations.
Lt. Jarvis conclusion that if Mr. Liao were to operate the
motel, it would cause problems to the downtown area, was based
on the observations in his memo.
Lt. Jarvis, to his knowledge, does not know of any problems at
the Desert Inn Motel since July 1992 . It is his opinion that
the motel is in much better shape than it was before.
Sgt. Ernest Tull was sworn in and testified as followed:
Sgt. Tull is the chief designee when it comes to the approval
or denial of business operator's permit. He makes the
recommendations to the chief. Sgt. Tull assigned part of the
investigation to Robin Harps.
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -10-
8 . NEW BUSINESS. . . . . .
Sgt. Tull is familiar with the 1987 application Mr. Liao had
obtained for an operator's permit. There was no prior statute
prior to March 1986 which required an operator's permit for
individuals who wanted to operate a motel. When Mr. Liao
applied in 1987, that was the first application Mr. Liao had
ever applied for. That operator's permit, along with letters,
were sent to several hundred business owners that fell under
this requirement. They were asked to fill them out, and they
were told that an investigation would be conducted by the
Police Department, and an operator's permit would be issued on
a first-time basis. They were automatically issued.
When the 1992 application came about, Mr. Liao was no longer
a first-time applicant. He was now a new owner of the motel.
As part of the investigation that was conducted by Robin
Harps, Sgt. Tull had the opportunity to review the computer
printouts which were made part of her file. Those printouts
entail incident reports from 1984 to 1988. The printouts do
not indicate all responses that the police department has made
to that location. The computer data from mid 1987 back is
strictly based on written reports. From mid 1987 to present
date, it is all police contacts at that location.
Mr. Rhemrev stated the incident reports are all made part of
the package, and they date back from 1984 through 1988. There
are approximately 82 police reports that are listed for the
location between that time frame.
Sgt. Tull said it is possible for an officer to respond to the
location and if he/she does not write a report it would not be
counted among the incidents in the computer printout. The
reports consist of field interrogation cards and arrests. If
there is no written paper, they do not show up on the
computer.
Sgt. Tull has reviewed the printout, and it lists numerous
thefts, malicious mischief, stolen vehicles. In 1987 there
was an overdose, some narcotics, prostitution, field
interrogation cards at the location. Officers made contacts
with subjects known to be prostitutes and narcotics activity
is stated as a reason for a stop and the field interview.
All incidents listed in the package are police reports that
were written or field identification cards.
M I N U T E S
SAN BERNARDINO POLICE COMMISSION
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PAGE -11-
8 . NEW BUSINESS. . . . . .
A background check was contacted on Mr. & Mrs. Liao. The
computer entries reveal that Mrs. Liao was a victim on several
occasions, either for theft or malicious mischief. Mr. Liao
was described as a victim on one occasion. The criminal
history revealed that both of them had a prior arrest in 1983
or 1984 for Penal Code Section, keeping a disorderly house.
These documents were obtained from the court.
Mr. Rhemrev stated the court records related to the prior
conviction from the Municipal Court, County of San Bernardino,
dated August 1983 for Jack.Liao and Linda Liao are part of the
package.
Sgt. Tull provided Commissioners with copies of Penal Code
316, Keeping a Disorderly House. Sgt. Tull stated Keeping a
Disorderly House basically is allowing prostitution to occur
on your premises.
Sgt. Tull has reviewed the court records. Mr. & Mrs. Liao
entered a plea and were represented by Mr. Garrett, an
attorney.
Sgt. Tull has read the report and the recommendation put
together by Ms. Harps.
Sgt. Tull is Ms. Harps' supervisor. In reviewing her
investigative report, he agrees with the Department's
recommendation that the operator's permit should be denied.
Sgt. Tull stated Mr. & Mrs. Liao were both arrested for
allowing prostitution to occur on their property by renting to
them. There was narcotics activity occurring on their
premises. They were told how to clean it up and correct it.
They did not do that. They chose to sell their motel. They
bought another motel out of our community. Police went to
that motel, and they have the same business practices.
t
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NOVEMBER 30, 1992
PAGE -12-
8 . NEW BUSINESS. . . . . .
The motel that is presently the Desert Inn Motel, which they
used to own, is now cleaned up. Calls for services went down
to an extremely low number. This is because police worked
with the new owners. The new owner worked with the police,
and he got rid of the criminal element. Mr. Liao did not take
the motel back by choice. The past owner went out of business
and Mr. Liao had to take it back. Mr. Liao has expressed an
opinion that he does not want this motel. If the City would
buy it for half the price it is worth he would do that. There
is absolutely nothing in this report that would say Mr. Liao
would not continue with the business practices that he did as
a past owner.
In 1988 there was 219 calls for services. In 1989 there was
a 197 calls for service. In 1990 there were 77. In 1991
there was 41. For nine months of 1992 there were only six
calls for service generated at that location. Mr. Liao had
the motel until 1987. The new owners took over the first part
of 1988.
In response to questions from Mr. Chan, Sgt. Tull related the
following:
Mr. Liao pled no contest in 1983 . They were found guilty and
fined. They, however, were not found guilty by a jury. The
criminal record is still on the docket.
Sgt. Tull is familiar with the motel . Sgt. Tull supervises
Robin Harps, and he totally agreed with her recommendation
that this permit be denied. In reading Lt. Jarvis' memo, he
agrees with it. Sgt. Tull believes that if Mr. Liao was
allowed to run that motel in the downtown area that he would
possibly rent to prostitutes and narcotics users and dealers.
Sgt. Tull stated he believes Mr. Liao knows how prostitutes
and narcotic dealers operate if he has been in the motel
business.
Sgt. Tull is aware that Mr. Liao has been operating the motel,
and it is his recommendation that he not operate it until this
hearing was concluded. Sgt. Tull is not aware of any criminal
activity occsrring at the Desert Inn premises since his
application for an operator's permit.
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SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -13-
8. NEW BUSINESS. . . . . .
Sgt. Tull again said that if criminal activity was occurring
on his premises the way it was prior to his departure, he
feels confident that a complaint would have been filed.
In response to questions from Mr. Rhemrev, Sgt. Tull stated
the following:
Sgt. Tull contacted Mr. Liao in 1992 after he had made an
application for an operator's permit.
Mr. Liao was made aware by Sgt. Tull that the operator's
permit was denied. Sgt. Tull cited Mr. Liao for operating
without a permit. There were two meetings at the police
station with CSR Harps and Mr. Liao. Sgt. Tull also attended.
Sgt. Tull told Mr. Liao that the Police Department was
probably going to deny the permit and the reasons why. At the
second meeting, Sgt. Tull advised him that it was going to be
recommended to the Chief of Police that his permit be denied
and explained why. Once it was signed by the Chief of Police
for denial, Sgt. Tull telephoned Mr. Liao and advised him that
the permit had been denied and advised him of the appeal
procedures through the City Clerk's Office. Time limits were
explained, and he was told that he had to close his business
because he couldn't legally operate it. The time limits on
the appeal procedure had passed.
Mr. Liao was aware that an action was pending and that Sgt.
Tull had initiated an investigation and continued with the
investigation until this matter would come to a conclusion by
virtue of a hearing, by a voluntary closure, or a voluntary
denial of the appeal process. Mr. Liao was aware of the fact
that Sgt. Tull had taken the time to keep on top of this
particular matter.
After the permit was denied, Sgt. Tull visited the motel after
the appeal time had lapsed and issued him a citation for
operating a business without an operator's permit. Mr. Liao
was aware that he was under close scrutiny by the Police
Department.
The recommendations for cleaning up the motel were for any
motel operator, not necessarily Mr. Liao. These
recommendations are not necessarily the law but are proven
methods by which the Department has determined that crime and
prostitution can be cut down in the downtown area or any motel
business.
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NOVEMBER 30, 1992
PAGE -14-
8 . NEW BUSINESS. . . . . .
These are procedures to eliminate criminal activity. They are
general types of concepts that have shown to be successful in
other areas.
Sgt. Tull's review of the 1983 court documents related to a no
contest plea by Mr. & Mrs. Liao indicate that it was a plea on
behalf of Mr. & Mrs. Liao. They had to admit as part of the
process that the activity did occur or has occurred.
In response to a question by Mr. Chan, Sgt. Tull stated the
following:
The computer printout states that Mr. Liao in March 1987 was
a victim of an attempt burglary. Mrs. Liao in 1987 was a
victim of a malicious mischief. In April 1987, she was a
witness to an incident of a malicious mischief. In 1986, she
was a responsible party in a burglary. Their motel was
burglarized. She was the victim of that burglary. In 1986,
she was a victim of a. grand theft. In 1986 she was the victim
of a forgery. In 1986, she was a victim of a petty theft from
a motel room. In December 1986, she was the victim of a
trespassing. Again in 1986, she was the victim of a
trespassing. In 1985, she was the victim of a petty theft.
Aside from their 1983 arrest, Mr. & Mrs. Liao, to Sgt. Tull's
knowledge, were not suspects in any of the crimes listed on
the computer printout.
Robin Harps was recalled as a witness. She was reminded she
was still under oath. She related the following:
After she and Detective Spindler rented a room at the 7 Crowns
Motel, they went back to the lobby. Linda Liao came from a
back room to the front lobby. She spoke briefly with her.
Ms. Harps asked her if she took down I .D. 's of everybody that
registered at the motel . She said yes she did. She pulled
out three registration cards of current tenants that they had.
Of those three, one had an I.D. on it. One had a vehicle
license plate on it, which she said was not the tenant's, it
was a friend of the tenant's, and the third did not have any
type of I.D. listed. At that time, those were the only three
tenants at the motel.
MIX1UTES
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NOVEMBER 30, 1992
PAGE -15-
8 . NEW BUSINESS. . . . . .
Mr. Rhemrev stated the department had no further witnesses.
He requested that the entire package consisting of the
documents that have been referred to, including the report of
Ms. Harps, the letter from the Orange Police Department, the
court records of the prior convictions, the warning letter
dated 1987, and the incident reports from 1984 to 1988 be
accepted into evidence. Vice Chairman Thomas accepted this as
evidence and called it Exhibit A.
Mr. Jack Liao was sworn in as a witness. Mr. Liao related the
following in response to questions posed by Mr. Chan:
Mr. Liao was born in Taiwan. He came to the United States on
October 22, 1978, at 44 years of age. Before he immigrated to
the United States, he worked 30 years as a engineer in a
textile factory. He was the factory chief. Mr. Liao was
educated in Taiwan as a textile engineer in college. English
was not taught at the college. He learned English in 1980
through the business after he immigrated to the United States.
Before he immigrated, he could only read English. At the age
of 46 he learned to speak English.
Mrs. Liao immigrated with Mr. Liao. She was a elementary
school teacher for 25 years. After they immigrated to the
United States he worked for a camera shop part-time, worked as
a meat cutter at a small supermarket, and worked in a Japanese
restaurant as a kitchen helper in Little Tokyo.
Mrs. Liao worked eight hours a day in downtown Los Angeles in
a jewelry store factory. Mrs. Liao did not speak any English
prior to immigrating. She immigrated at the age of 41.
Mr. Liao bought the Desert Inn Motel on May 8, 1980 from Mr.
Patel. Prior to this, he had no business experience dealing
with the United States Government either directly or
indirectly.
When Mr. Liao went to Los Angeles, he received a call from a
relative stating his wife had been arrested. He did not know
what was going on so he came back. He went to the Police
Department. At the desk he asked what was going on, that his
wife had been arrested. Mr. Liao identified himself to a desk
employee and was then arrested. Mr. Liao stated he did not
know what was going on.
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NOVEMBER 30, 1992
PAGE -16-
8. NEW BUSINESS. . . . . .
An attorney took care of the case. This happened almost three
years after they immigrated to the United States. The
attorney did not speak Chinese. Mr. Liao's brother
translated. His brother's English is good. He is an attorney
also. He had his license for one year. Mr. Liao understood
what was going on in the process. The attorney tried to clear
his case, however, he told him that the tape recording was
terrible and suggested negotiation. The attorney then made a
plea bargain with the District Attorney.. Mr. Liao said he did
not have the income to pay the attorney's fee.
At the time his wife was arrested, Mr. Liao was not at the
motel. He was in Los Angeles. He was arrested upon arrival
at the police station and identifying himself as the husband
of Linda Liao.
Mr. Liao said his wife was arrested because of a language
problem.
Other than this arrest and conviction, Mr. Liao has never been
arrested. Mr. Liao said he is a good citizen and has never
been arrested in Taiwan. No criminal record is required by
the U.S. Embassy in Taiwan if you want to immigrate.
When Mr. Liao bought the motel, he could not tell what type of
location it was located in. He thought it was a good
location.
At this time, Mr. Liao acknowledges illegal activity in the
downtown area. He said there are homeless, trespassers, and
hookers at the bus stop. Prostitutes beckon to customers.
Mr. Liao states he kicks these people out. He tells them to
get off his property, and they tell him to go back to his
country. At times, they use a rock to strike Mr. Liao. Mr.
Liao states he uses a German shepherd to emphasize his power.
He cannot use a knife or gun to scare people in the office.
Mr. Liao was worried about problems caused by the German
shepherd so he got rid of it.
Mr. Liao stated prostitution is his business enemy. If he
does not control the prostitution, the motel does not have any
potential. Good people will not stay at the motel.
Mr. Liao stated he upgraded the motel. He wanted to change the
quality of tenants staying at the motel. People would stay in
his motel eight to 10 hours.
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NOVEMBER 30, 1992
PAGE -17-
8 . NEW BUSINESS. . . . . .
Mr. Liao said he never received a specific notice received
either in writing or verbal from the police that he was
renting rooms by the hour to prostitutes. Mr. Liao said the
police distributed general circulars to all the motels in the
area.
Mr. Liao sold the motel in 1987. Mr. Liao said he was very
satisfied and proud about his motel and his tenants. He had
tried to sell the motel for five or six years. The motel was
advertised via the newspaper and listings. After two years,
he purchased a 14-unit motel in Orange.
Mr. Liao reacquired the motel from the owner because he
defaulted his payment obligation. Mr. Liao foreclosed. He
lowered the price to $2, 000 a month. However, the owner
wanted to give the motel back to Mr. Liao.
Mr. Liao wants to clean up the motel and continue the business
if possible. Mr. Liao intends to stay in San Bernardino as it
is his home town. He has spent nine years in this town.
The 7 Crowns Motel in the City of Orange is managed by his
wife. Before he purchased this motel, his wife had good
health. She now is afflicted with kidney cancer, and is
receiving chemotherapy. She is very ill. The doctor said she
may lose a kidney. She spends 18 hours in bed. Mrs. Liao has
been ill for about one year.
Mr. Liao's daughter-in-law's sister was visiting the 7 Crowns
Motel. Her name is Heidi. She is from Taiwan. She is a
recent high school graduate.
Mr. Liao was shown a photograph, and he identified the photo
as "Heidi. " Mr. Chan provided the Commission with the
original and a copy of Heidi's (Ms. Hui-chip Tseng's) air
ticket. Ms. Hui-chih Tseng is a citizen of the Republic of
China, Taiwan. She came to visit this country under a regular
visitors visa, and she had a return ticket.
Mr. Liao said that the high schools in Taiwan teach about
three or four hours of English a week. Elementary schools do
not teach English. Ms. Tseng had three to four years of
English training, three to four hours a week. Mr. Liao said
he received 16 years of English training but he could not
speak one word when he came to this country as he was scared.
He could only read and understand.
i
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -18-
8. NEW BUSINESS. . . . . .
Heidi was traveling with her mother. Her mother does not
speak English.
Since Mr. Liao took over the Desert Inn he goes back to Orange
County one or two times a week.
Mr. Liao's wife called him and told him there was trouble with
Heidi. He was told that the police tried to rent a room for
an hour with a hooker. Mr. Heidi did not understand the term
"hooker. " Heidi kept saying, "I don't know" to the police.
Eventually, she took the money.
When asked why Heidi was behind the counter, Mr. Liao replied
she was taking care of his wife who was sleeping. Heidi was
spending her summer vacation in the United States after
graduation. She stayed in Los Angeles for about four or five
weeks. She stayed at the motel. Heidi was helping at the
motel because Mr. Liao had to come back to the Desert Inn
Motel.
Mr. Liao's supports his son who attends medical school in
Chicago. Mr. Liao's son was not present at the 7 Crowns
Motel. Heidi was alone and helping while Mr. Liao was at the
Desert Inn Motel. Heidi was not paid. She would cook and
give his wife medicine. There was no other employee at the
motel. When Heidi was not at the motel, a friend helps part-
time. Heidi was never paid a wage.
When he operated the Desert Inn Motel, if Mr. Liao had a
suspicion they may not have a valid I . D. and they may be
running a prostitute business in the motel, Mr. Liao refused
to rent a room. In these four months, Mr. Liao has refused a
lot of customers. Out of 10 customers he refused three or
four tenants. He uses the price to refuse. The rate is $22 .
Mr. Liao will charge $35. If the person has I.D. he will not
refuse to rent a room. He tells the person that no visitors
will be allowed within 24 hours. Mr. Liao stated he used his
own tactics to keep the prostitutes off his property. He
tells them if they have activity, he cannot allow them to
stay. He will give the money back. When there is a problem,
Mr. Liao called the police.
From 1980 to 1987 the rate of police calls reduced. Mr. Liao
said the officers came down, shook his hand and stated,- "Any
problems call me again. " The police never complained that Mr.
Liao called too much.
. 0 Fw✓
A I N U T F S '
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -19-
8 . NEW BUSINESS. . . . . .
Mr. Liao said if he was granted the business operator's
license he will cooperate with the City, specifically with
regards to their suggestions to get rid of the prostitute
problem in his second home town.
Mr. Liao said the police are very concerned about prostitution
and he will cooperate.
Seven days ago Mr. Liao called the police in the nighttime
because two people were sitting on a bench outside all day.
A tenant tried to share the room because it was cold. Mr.
Liao told the tenant he could not invite the two people into
the room. If he wanted to invite these people in, the tenant
would have to check out the next day. That person did not
check out so Mr. Liao called the police.
Mr. Liao said he knows that a California driver's license or
California I.D. is needed. Sgt. Tull tested him with a check
cash I.D. He was told he could not rent to a senior citizen
for a week on a social security card.
Ms. Harps asked if Mr. Liao had been arrested before. He
answered he didn't remember because he only remembered his
wife's arrest. He didn't remember because he was arrested at
the Police Department when he went to go see his wife.
After Ms. Harps showed him the court record, he remembered.
In response to questions from Mr. Rhemrev, Mr. Liao related
the following:
Mr. Liao was not present at the 7 Crowns Motel when CSR Harps
and Detective Spindler rented a room. He was in San
Bernardino.
Mr. Liao does not have a manager at the Desert Inn Motel .
Jackie Patel was there for about two months when he took over.
She takes care of his other business.
In 1980 when he first acquired the motel he had a part-time
manager. The motel was open 24 hours. Mr. Liao lived at the
motel . Mr. Liao would work 18 hours a day at the motel.
a
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE —20-
8. NEW BUSINESS. . . . .
Heidi does not speak any English with the exception of yes and
no. Mrs. Liao is sick in bed. Heidi was instructed to let
Mrs. Liao know if any tenant attempted to check into the
motel. Mrs. Liao was sleeping. Heidi did not want to wake up
his wife.
In the last four months, he has refused at least three tenants
at the Desert Inn. Daily, maybe one tenant checks in.
Sometime no tenants check in. The maximum is three tenants.
Refusing one tenant amounts to 50 percent.
During the time he owned the motel from 1980 to 1987, he
refused a lot of tenants. Mrs. Liao asked him how come he was
so severe in his selection of tenants. Mr. Liao said if he
was not selective, he would lose control.
In 1985 business was good. The room rate almost doubled.
Before he took over the room rate for one person was $12.72.
Two person rate would be $14 .84, two beds would cost $16.96.
After 1985, Los Angeles and Orange County rates were $20 so
Mr. Liao's income improved.
Mr. Liao does not recall receiving a letter in February 1986
addressed to Jack & Linda Patel, signed by James Eggert. Mr.
Liao said there were no Patels in the motel. Patel managed
the Super 7 Motel. Mr. Liao employed Mr. Patel for one and a
half months. Patel went to Hemet.
Mr. Liao sold the motel in 1987 because he had been trying to
sell the motel since 1982. Mr. Liao said he was working too
hard and he wanted to retire.
Mr. Liao said he never received any written or oral notice.
He did have conversations with police officers when they would
come to the motel. The police officer was cooperative, and
Mr. Liao would cooperate with the police. Police would try to
help keep the motel in order.
Mr. Liao does not recognize Lt. Jarvis, and to his
recollection he has never spoken with him.
Mr. Liao has had conversations with other police officers.
U TT TT �+ cc 3
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -21-
8 . NEW BUSINESS. . . . . .
Mr. Liao said prostitution is his number one enemy in his
business. Mr. Liao said he hates this activity. Mr. Liao has
never knowingly rented to a drug dealer.
From 1980 to 1987 he required identification from tenants 95
percent of the time. At times, he was told that a purse was
stolen or they were robbed so Mr. Liao would rent a room.
Mr. Liao did not harbor any prostitutes in the lobby. If they
were trespassing, he would kick them out.
Mr. Liao does not rent to single ladies 95 percent of the
time.
Mr. Liao has found that the police is more concerned now and
therefore cooperates. Before, he cooperated. In the future,
he wants to cooperate more.
Before 1987 if a social security card was presented by an old
man, he would possibly rent. Sometimes other nice people have
other types of I.D. and he possibly would rent. At this time,
he refused 100 percent of the time.
From 1980 to 1987 he has fully cooperated with the Police
Department.
The only other person who operates the motel is his wife.
There were times when he was not the sole clerk or manager of
the motel . Relatives assisted in operating the motel.
The current room rate at the Desert Inn Motel $22 to $26. The
standard rate in the City of Orange is $22-$32.
Mr. Liao was arrested and taken to court. Mr. Liao had an
attorney, and he pled no contest to a charge of running a
disorderly house. Mr. & Mrs. Liao paid a $370 fine.
Ms. Beatrice Dorame was sworn in as a witness and related the
following in response to questions by Mr. Chan:
She was once an employee at the Desert Inn Motel. She was
employed from 1981 to 1987. This was during Mr. & Mrs. Liao's
management. She was employed as a housekeeper/maid. She
worked about four or five hours daily, seven days a week.
Three other housekeepers were employed. The motel- had
approximately 25-50 rooms. It is not a huge motel operation.
.JY
M I N U T E S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -22-
8. NEW BUSINESS. . . . . .
While she was working there she never saw prostitutes in the
motel. If there were guests that Mr. Liao did not like, he
would chase them out. This was his own decision.
If there was reasonable suspicion, Mr. Liao would not rent out
a room. He would tell them to leave. During the period of
1981 to 1985, police were summoned maybe twice a week. They
were summoned for the purpose of removing guests who wouldn't
leave or for fighting. Usually, Mr. Liao would call the
police for help.
Ms. Dorame now works at the Radisson Hotel as a housekeeper.
Mr. Liao upgraded and bought a lot of things such as bedding,
carpet, and drapes for the motel. This occurred in
approximately 1983.
Ms. Dorame is not aware of any incidents where Mr. Liao rented
a room to a prostitute or drug dealer.
In response to questions from Mr. Rhemrev, Ms. Dorame related
the following:
She worked at the Desert Inn from 1981 to 1987. She worked
approximately four hours a day. Hours she normally worked
were from approximately 10: 00 a.m. to 3:30 or 4 : 00 p.m. She
did not work a swing or midnight shift. Ms. Dorame was never
at the motel during the evening hours.
There were no other employees who were at the front office.
Ms. Dorame recalled seeing Mr. Liao chase a person off his
premises one time. She does not know why he chased this
person off.
Ms. Dorame recalls approximately two police calls a week to
the motel.
Ms. Amy Ko was sworn in as a witness. In response to
questions from Mr. Chan, she related the following:
Ms. Amy owns the Sahara Motel in the City of San Bernardino.
She has known Mr. Liao since 1980.
I
I I N U F S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -23-
8. NEW BUSINESS. . . . . .
Among small motel owners, it is a small community. When she
first invested in the motel business, she came to visit Mr.
Liao.
Mr. Liao advised her he made a wrong investment purchasing the
motel.
Ms. Ko's motel is two blocks away from the Desert Inn Motel.
Ms. Ko and Mr. Liao has talked about how difficult it is run
a motel in this area.
Ms. Ko and Mr. Liao have ejected persons from their motels.
When Mr. Liao ejects a tenant, he calls Ms. Ko right away and
tells her not to rent to that person. Mr. Liao describes the
person and the type of car they are driving. Mr. Liao does
not welcome prostitutes and drug dealers.
Ms. Ko states she Mr.. & Mrs. Liao work together. She does not
consider Mr. Liao competition.
Ms. Ko said in 1985 the police and the motel owners did a lot
of work to clean up the downtown streets. From 1985 to 1988
business was very good on Fifth Street. Good people came to
town. Motel owners tried to screen the people.
Ms. Ko worked to control crime problems at the motel. They
both spoke to each other and tried their best to handle their
problems without calling the police.
Compared to other motels, the Desert Inn was doing the same as
other motels.
In response to questions from Mr. Rhemrev, Ms. Ko related the
following:
She never ran the Desert Inn Motel. She never helped Mr. Liao
manage the motel. She never worked in the office. She did
visit Mr. & Mrs. Liao in the office at times. The visits
would last between 30 minutes to one hour.
Ms. Ko's motel is about two blocks away. In 1980, she owned
the Golden Eagle Motel. In 1983 she owned the Sahara Motel.
She has been in the area a long time.
I S U T E S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -24-
8. NEW BUSINESS. . . . . .
Ms. Ko admitted that there is a prostitution problem in the
downtown area. This cannot be controlled because motel owners
have to determine what is a drug dealer or a prostitute, and
they do not tell the owners.
Ms. Ko believes the Police Department notifies all the motel
owners who the prostitutes or drug dealers are.
Ms. Ko & Mr. Liao both agree that it is a headache to run a
motel. Mr. Liao indicated to Ms. Ko that maybe he made a
wrong investment.
Ms. Ko was not aware that Mr. Liao was trying to sell the
motel .
Mr. Chan advised the Commission that Ms. Jackie Patel appeared
at last month's meeting. If she were here, she would testify
to the same thing as Ms. Ko. She was employed by Mr. Liao.
She had personal conversation with Ms. Tseng. To her
judgement, Ms. Tseng's English was not good. The employee was
trying to teach Ms. Tseng English.
Mr. Rhemrev asked that the record reflect that he has not had
an opportunity to cross-examine the witness, and the evidence
should be weighed accordingly.
CLOSING ARGUMENTS (Mr. Rhemrev)
Mr. Rhemrev stated it is important to recognize what the
obligations and duties are of the Chief of Police. 5.82.020
of the Code relating to businesses and licenses and a permit
being required for an individual operating a motel dictates to
the police what he can or cannot do. The Chief of Police
shall consider any relevant factual material. However, it
basically states that the Chief of Police shall recommend an
issuance of an operator's permit as required by this chapter
only upon finding that the applicant has not been convicted of
any felony or crime of moral turpitude or has been found in
violation of laws and regulations.
It is quite obvious there is a prior conviction on the record
of Jack Liao as well as his wife. This occurred in 1983,
however, in 1983 that violation was for a very similar
operation, and it was the same motel which we are dealing
with. This is section A. Section B said there were no prior
significant arrests or police investigations.
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -25-
8. NEW BUSINESS. . . . . .
CLOSING ARGUMENTS (Mr. Rhemrev)
It is quite apparent from the testimony that has been
presented by Sgt. Tull, Ms. Harps and Lt. Jarvis that there
was an overabundance of criminal activity that took place at
the Desert Inn Motel during the time that Mr. Liao operated
it. It also requires that the applicant has not knowingly
made any false, misleading or fraudulent statements. It is
clear that during the conversations with CSR Harps, Mr. Liao
did not admit that he had a prior arrest.
The evidence is overwhelming as to why the application should
be denied. The testimony that was presented on behalf of Mr.
Liao indicating that he ran his business well was from an
individual who was not there during the nighttime hours. An
individual who was not able to see the illegal activity which
takes place during the evening.
Ms. Ko testified as to how he ran his business, yet she was
never there to run his business and strictly was there as a
friend.
Mr. Liao's testimony is obviously in a position to save his
business. There are quite a number of conflicts. The
business is doing well, yet he needs to sell the property.
San Bernardino is his home town, yet he still wants to sell
his property.
He wasn't there at the 7 Crowns Motel. He is willing to allow
a non-English speaking person to run his business. All
important facts which lead to the belief, the opinion, and the
recommendations expressed in the denial of the permit by the
department which would indicate that in light of the
background that it is probable that the instances which have
been testified to would occur again if Mr. Liao would be allow
to operate the hotel. The code is quite clear. The permit
can be issued only upon finding those things previously
mentioned. It is quite evident that those things definitely
do exist, and on that basis, the application and appeal should
be denied.
S
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -26-
8 . NEW BUSINESS. . . . . .
CLOSING STATEMENT: (Mr. Chan)
The Chief of Police is empowered to consider all relevant
facts related to the issue of the operator's permit. Mr. Chan
referred the Commission to the recommendation of denial by
police on page 2. It deals with three elements. One it was
a police problem. Secondly was a short-term rental practice
which was continuing in Orange County. The third one was the
prior conviction.
The testimony clearly shows there was no police calls in which
Mr. or Mrs. Liao were the suspect. All that is shown by the
computer printout report is that they were the victim of the
crime. It would be so unfair, if not illegal, to conclude
that the victim of the crime would turn around and become a
suspect. Now we are finger pointing because they summoned
helped from the police, being the victim of a crime. Now we
want to penalize them by taking away their business permit,
and taking away the way they have to support their lives, and
son who is in medical school.
There was no one single instance in which the police can
prove, when they say there is a police problem, the problem
was caused by the Liaos. The problem was everybody's problem,
your problem and Mr. Chan's problem because we are in a
society with crime. They happened to locate a business in a
bad area. As a law abiding citizen, they should not be
penalized because of that judgement.
As far as short-term rental practices, the records clearly
show that Ms. Tseng did not have proper proficiency in English
to apprehend the word "hooker. " Mr. Chan was raised in Hong
Kong which is a British Colony, and he was under the training
of the English's English. The slang "hooker" if you go to
Hong Kong and talk to any person who speaks reasonable English
they will not understand you. This is an American slang. Mr.
Chan does not know how common American slang is in Taiwan,
Republic of China, which is a predominantly Chinese speaking
community. Without any knowledge to the content of the
message, the police officer could be very explicit but whether
or not she understands is another question. You can be very
explicit to Mr. Chan in French, but he won't understand a
word.
0
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -27-
8. NEW BUSINESS. . . . . .
With respect to the conviction, the conviction was about 10
years ago. The conviction was related to a fact which Mr.
Liao wasn't even there. He was convicted because he went to
the police station and tried to visit the wife and tried to
find out what was going on with his wife.
These are the basis for recommendation on page three. Mr.
Chan referred the Commission to the second piece of evidence,
a memo from Lt. Jarvis. In his own testimony, he admitted
that the conclusion was based on hearsay evidence- from the
runaway teenagers and from the street girl. Mr. Chan did not
raise an objection because he had a prior agreement between
counsel not to raise objection to testimony. Mr. Chan had no
chance to cross examine the witness. Mr. Chan would
appreciate if the Commission would weigh the statement from
the street girls and the runaways accordingly. They were not
here testifying under oath.
There was an enormous amount of inconsistencies between the
police officers. In the memo from Lt. Jarvis, it states that
it was clean. Sgt. Tull testified that he did not agree. The
letter sent to Linda & Jack Patel at the Desert Inn Motel. To
Mr. Chan's knowledge he did not receive a copy. Mr. Liao also
did not receive a copy of the letter. Mr. Chan assumes that
if his client had received that copy, he would have given it
to him. Mr. Chan offered that his client did not receive a
copy.
Specifically and conclusively, there was no factual evidence
to prove that Jack Liao knowingly rented rooms to prostitutes
or drug dealers. Let the record reflect that his client did
try very hard to cooperate with the police, regardless what
the police recommendation was. This may be beyond the
requirement of the law. He tried his very best to comply with
the police suggestions.
The other credible witness who is actually the competitor of
his client testified, under oath, that to her knowledge his
client tried to kick out prostitutes and drug dealers. He
tried to work with the City to eliminate criminal activities.
S i
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -28-
8 . POLICE COMMISSION. . . . .
To deny a business permit to run their business, in essence
what is being done is driving away business from this city,
and the economy will not pick up. Mr. Chan agrees with the
police that there is a problem. There was no objection to
that. It is a matter of fact. The thing is whether or not we
should shift the burden to the small business/family type
business man or we just exclude them from this community and
allow big franchises to run the motel business in the city.
We should give them some allowance. Financially, they may not
be able to have all the professional training for their
employees. Language wise they may not be able to manage or
understand English as much as you and Mr. Chan.
If we determine to give them a break, they deserve to continue
their business. They deserve their hard work. They deserve
a business operator's license, and their son deserves the
support from their elderly father. If we take out that
philosophy that we want to exclude the small family type
business, Mr. Chan has nothing to say and nothing to offer
that the business license be denied.
The Police Commission adjourned to executive session to
consider the evidence and come to a conclusion. The appellant
and his attorney were invited to stay until a decision was
reached or they were given the option of leaving and receiving
notification by mail. The Vice Chairman stated there would be
no difference in the status of running the business until they
were notified by mail one way or another. The appellant and
his attorney elected to stay.
The Police Commission reconvened and advised Mr. Liao and his
attorney that they voted to uphold the Chief of Police's
decision not to issue a permit.
Commissioner Boisvert moved that the decision of the Chief of
Police be upheld and that the City Attorney be directed to
prepare the necessary notification, second provided by
Commissioner Nettles. Motion carried.
The Vice Chairman informed Mr. Liao that if he was not
satisfied with the decision of this body, his next step would
be an appeal to the City Council.
I N �T � SS
SAN BERNARDINO POLICE COMMISSION
NOVEMBER 30, 1992
PAGE -29-
9. POLICE COMMISSIONER'S REPORTS. . . . .
None.
10. CHIEF'S MONTHLY REPORT. . . . .
None.
11. PUBLIC INPUT. . . . . .
None.
12 . ADJOURNMENT. . . .
Commissioner Boisvert moved that the meeting be adjourned,
second by Commissioner Rankins. Motion carried.
The next meeting will be held on December 14, 1992, 6:30 p.m.
in the Council Chambers.
Submitted by, Reviewe by,
Consuelo Ramirez Dave Tho s
Chief's Secretary Vice Chairman
CITY CLERK,P.O.BOX 1318
APPLICATI FL.. USINE% PERMIT NORTH STREET
, aANBERNAROINO,CAIIfORNIA 8202
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� TELEPHONE: 17141383.5302
OR 3835035 N
3UNT NO CLASS TYPE __ NEW _ RENEWAL OFFICE USE ONLY
CITY HALL
Dan submitted
PERSONAL INFORMATION (Type or print in ink) L
C New ❑ Renewsl
fearrr Or. r' St at
C &aura L-c.Fee: S
Address Social r y No.
Invest.Fee $
Date of Birth ad of 84 Are Y a U.S.GntenT
Length of R .dCeQ m: Gtv �j���
.� es ❑ Wo V Total: S
�Ha you• found guilty or plod pu,lty to a y aria?1pe O Yes (If yes plaaee arplain. ,d fgwiir vaffrc ofiens1) Receipt No.
0 If
Have ver ustd then name? If yes-Rene Irtt tlx names
By
o Yes
PRIOR RESIDENCE ADDRESS POLICE DEPARTMENT
fr To Addre A / / Z. Date
G
ndl d Address Ph I.D.No.
Q
BY:
EMPLOYMENT OR BUSINESS HISTORY (lam two employers)
1. from To Name of Bus,nas Addr Phone Supervisor
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2. From To Name of Business Add Phorr Supervisor _
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fare
O / ,,,, IL-./ ,/ //t ' (/( ON SALE O OFf SALE O
FORM OF SINESS I O Partnership O Corporation
Navrses end eddrnsea of Partners or corp«atipn oH,nn: Itlr sddieonal p+pea if - ��O
Pfsdrr� J
Phone:
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I Wan to star business on 1,ein be operating (Days of ter week) J
Between the hoses of and Manger
Have You ever had a buuMn license nwked,suspended or ca led for any roson7 O Yes No
H m.Weaea explain (Um adj%inonal p,%m if necewryl
Are rote now or have you over been engaged in any busLnm a a partner or corporate owner? Yes O No
It Ya.Plane list firms names&V onicars of each corporation. (UN addif)onat pages Arrorssry)
PLEASE READ AND SIGN:
I 1 DECLARE,UNDER THE PENALTY OF PERJURY,THAT THIS APPLICATION HAS BEEN EXAMINED BY ME AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IS A TRUE.CORRECT
AND COMPLETE STATEMENT OF FACTS. I UNDERSTAND FALSIFICATION OF ANY ST TEMENT MAY RESULT AN THE DENIAL OF AN OPERATOR'S PERMIT
Print Name S"ture Date
Invest'Wted by: to I"command this licVipermst be O Granted Denied
O GRANTED FOR A LIMITED TIME ONLY, TEMPORARY
O SUBJECTTO CONDITIONS ON ATTACHED DOCUMENT
ICE OF TH
CITY OF SAN BERNARDINO Page 01
City Of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To: SGT. E. L. TULL
From: R. HARPS, CSR II
Subject: OPERATOR'S PERMIT
Date: August 24 , 1992
Copies:
APPLICANT: WEN HSIUNG LIAO
BUSINESS: DESERT INN MOTEL
607 W. 5th St. , SB
INVESTIGATION:
I, CSR Harps, was assigned to investigate the application submitted by Wen
Hsiung (Jack) Liao, for the Desert Inn Motel, located at 607 W. 5th Street,
San Bernardino.
Mr. Liao said he had run the Desert Inn Motel from 5/8/80 to 1/1/88 and then
sold the motel. Mr. Liao said the gentlemen he had sold the motel to had
recently gone bankrupt, so he got the motel back.
On 8/4/92 , I spoke with the applicant at the San Bernardino Police
Department. When asked if he had ever been arrested Mr. Liao replied no.
Mr. Liao stated he had a similar business, The Seven Crowns Motel, in Orange,
as well as part owner of the Florida Trailer Park, located in Hemet.
Mr. Liao stated there would be no other employees at the Desert Inn Motel,
beside himself. Mr. Liao stated the Desert Inn Motel has 51 rooms. He
stated there are homeless in the area, but they do not bother him.
During the interview, I explained police concerns regarding a motel business,
which includes narcotics, prostitution, loitering, etc. He was given a copy
of San Bernardino Municipal Code 5.82, which is in regards to business permit
regulations. Mr. Liao said he would have a friend read it to him.
We also discussed not renting rooms at hourly rates and requiring a
legitimate photo ID, such as California Driver's License, California ID card
or military Ids from each respective customer. We also discussed not renting
rooms to single females who did not have any luggage or any form of
identification. Mr. Liao stated he would keep an eye out for these
activities. He said he has asked customers to leave when there has been
traffic. Mr. Liao did maintain he could tell good people and may accept
Social Security cards if they were senior citizens. Mr. Liao kept
maintaining he could tell good people from bad people. Mr. Liao stated he
currently has two tenants at his motel .
When asked again if Mr. Liao had ever been arrested he restated no. I asked
him what had happened back in 1983 , he replied that had been his wife. On
8/10/83 , PC316, four counts had been filed on Wen Hsiung Liao. On 12/8/83,
Mr. Liao had pled polo contendere to PC664/316, count one. Mr. Liao was on
court probation for two years and counts 2, 3 and 4 , were then dismissed. On
8/10/83 , MSB22613 for the charge of PC316 was filed against Linda Tsai Liao.
On 12/8/83 , she pled nolo contendere to PC664/316. Mrs. Liao was given two
years court probation.
I called the Orange Police Department in regards to The Seven Crowns Motel,
located at 528 E. Lincoln, Orange. I spoke with Det. John Moore, who stated
The Seven Crowns Motel had traditionally been a police problem. Det. Moore
sent me a computer printout of The Seven Crowns Motel, see attached printout.
Sgt. Bob Green; who is in charge of the Vice/Criminal Intelligence/Gang Unit
of the Orange Police Department also sent a letter in regards to 528 E.
Lincoln, Orange. Sgt. Green indicated that The Seven Crowns Motel has a
higher rate of calls for service than similar businesses in their City. Sgt.
Green indicated that the types of calls responded to, included suspicious
activities, drunk or drugged adults, marijuana violations, trespassing, found
Property, repossessed vehicles, warrant services, disturbances, assaults,
possession of stolen property and burglaries. See attached letter.
On 8/19/92, Det. Spindler, Det. Diaz and I went to Orange Police Department
where we spoke with Det. Moore and Sgt. Green. I obtained copies of the
reports made at The Seven Crowns Motel during the time frame Jack Liao was
listed as owning the location. Sgt. Green indicated that they use a red
light abatement process for problem motels. He indicated this included
information regarding the frequency of arrests, that there is community
concern regarding the motel and that they can show the management knows the
purpose of the rental of the rooms, i.e. , short time rentals.
While in Orange, Det. Spindler and I were going to go to The Seven Crowns
Motel to determine if he could obtain a room for a short time. Det. Spindler
and I pulled into The Seven Crowns Motel parking lot and Det. Spindler went
inside while I stayed in the vehicle. Det. Spindler asked the desk clerk if
it would be okay for him to obtain a room for an hour or so and if so, how
much would it cost. He was informed that the room would be $20. Det.
Spindler then informed the motel clerk that I was a hooker and wondered if
she had seen me before. The desk clerk said she did not recognize me. Det.
Spindler continued saying he wanted to make sure there would not be a problem
and he filled out the registration card. He gave the desk clerk $20 and she
gave him the room key to room #201. The conversation between Det. Spindler
and the motel clerk was tape recorded and the recording will be maintained at
the San Bernardino Police Department, Vice Office.
Det. Spindler and I then went to room #201, which was on the 2nd floor, while
Det. Diaz and Det. Moore, went into the motel office. The motel room was
observed to be a standard economy type motel room. Det. Diaz and Det. Moore,
while in the motel office, had the motel clerk write her name on the back of
the registration card. Her name was Heidi Tseng, with a date of birth of
3/10/72 . There was a TV playing in the back room and Linda Liao came from
that direction to the front office. Linda said Heidi was visiting from
Chicago and had been helping for approximately one month. I asked Linda Liao
if she had obtained Id's for her guests and she replied, "Yes. " However, the
three registration cards of her current tenants showed one with a California
driver's license number on it, one with a car license on it, which she said
was not the tenants, but a friend of his and one had no type of
identification on it. Linda Liao said she was Jack Liao's wife.
I ran a drivers license and warrant check on the applicant and he did not
have any outstanding warrants. I also obtained a location inquiry response
for the Desert Inn Motel, located at 607 W. 5th Street. See attached
printout.
Area Commander, Lt. Jarvis was contacted in regards to the operator's permit
application. Lt. Jarvis wrote a memo in regards to Mr. Liao's previous stint
as the business owner of 607 W. 5th Street. Lt. Jarvis declared at that time
the Desert Inn Motel had numerous code violations and would rent to anyone
fully aware of their actions. Lt. Jarvis continued saying when Mr. Liao sold
the Desert Inn, it was better, but it was due to stringent enforcement, not
to Mr. Liao. See attached memo.
San Bernardino Municipal Code 5.82 relates to business permit regulations.
Under Section 5. 82 .050, the San Bernardino Municipal Code reads "The Chief of
Police shall consider any relevant factual material relating to such
applicant and shall recommend the issuance of an operator's permit, as
required by this chapter only upon finding that:
A. The applicant has not been convicted of any felony or crime of moral
turpitude or been found in violation of laws or a regulations in a
criminal quasi-judicial preceding when the facts underlying such
proceedings or conviction show a nexus between the crime or violation
and the particular business operations or indicate the lack of qualities
essential to protect the public health, safety and welfare in operations
under the permit;
B. There were not prior significant arrests or police investigations
concerning sexual misconduct, illicit drug transactions, "fencing"
activities or related crimes occurring on and related to the operation
of the business premises of applicant. "
POLICE DEPARTMENT RECOMMENDATION:
The Desert Inn Motel, when Mr. Liao previously owned it was a police problem.
Some of these practices, such as short term rental are continuing at the
motel located in Orange, which Mr. Liao currently owns. Mr. Liao also does
not meet the criteria listed in San Bernardino Municipal Code 5.82. Due to
these previously listed reasons, the San Bernardino Police Department
recommends denial of the application submitted by Wen Hsiung Liao for the
Desert Inn Motel, 607 W. 5th Street, San Bernardino.
mr
6 [ Od �
D
SEP 10 19�?
OFFICE OF THE MAYOR " T ,�
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y
o7s lL
Atlantic Boulevard • Montere} Park • California 91754
Te hone (8181548-55.57 FAX (81r' 458.1619
FACSIMILE COVER SHEET
' r TOTAL PAGES FAXED: 3
DAT E`: ��91Z4 1992
TO FROM
NAME. Ci. � Clerk , City of San Bernaffi0 Sing Chan
COMPANY:
REGARDING: Desert Inn
'
FAX#: ( 714 ) 384-5468
MESSAGE:
Per request of the Office of City Attorney, I am forwarding this
letter to you by fax. Please forward the letter to the City
Attorney' s office AND the Police.
52 S. Atlantic Boulevard • Monterey Park • C -8-1619 91754
Telc one (8181 458-5557 FAX (818)
F_ L E
�$ep�trir 22 , 1992
gy certifl _
edmai
Chief of police
Connis3:.on of police
City of an Bernardino
c/o City Clerk
p .0. Box. 1318
300 North "D" Street
San Bernardino, CA 92402
Re: Desert Inn Motel
Dear Chief of polices
We represent the above-captioned motel thd its princiM 1
Wen-Hsi Liao (hereinafter as Client
businevtz located at 607 W. 5th Street, San Bernardino, CA 92410, in
connect3.f�n with Client's application of business permit and related
matters .
On behalf of Client, we are writing to appeal it m and
police decision of denial of said business p
alternatively, we request that you grant us an extension to appeal
letter
should you decide that the facts ith and
theb requirement fonder this Section
are not sufficient to meet Ordinance.
5 , 82 . 1iO and 5 .82. 120 of the City
Client alleges the following facts:
1 . On July 7, 1992, Client filed an application of business permit
with the City Clerk.
or about early August, Client had an interview with a police
2 . Or_
officer named Tull. a call from a
3. On or about September 4, 1992,zed Client
that said id dPPlication
police officer named Paul who in ick up the police documents at
was denied and advised Client to p
the City Clerk's office on September such denial. Client was not
advised of the reasons or ba s
1
IL
4 . on or about September 8, 1992, Client went to the City Clerk's
office and was advised that the City Clerk only had said
applica*-' un with notation of police investigation and
recommen-j ,ion. Upon Client ' s request, Client obtained a copy of
said app�ication. Client was further advised that Client would
receive the police decision by mail within a couple of days .
Client was not advised the date of denial nor was he advised about
j his rigt'h_ to appeal and the procedures therefor.
5 . To date, Client has not received said police decision.
t
This appeal is based on the following factual and legal
grounds :
B
1. The �tolice Commission or the City Clerk has failed to advise
Client 'Che basis or reasons of denial and the right to appeal,
depriving Client's right to seek proper counsel and appeal.
2 . Under Section 5.82 . 050 of the City
to 0 he a City the Chief his
Police zhall "report i writ n ,
recomnesidations and reasons therefor as to whether such operator's
permit should be granted or denied. " Section 5.82 .090 also
provides that the Chief of Police "shall give wrktten notices of
his or her decision to the applicant. . . . "
The Police Commission
has failed to comply with these regulations and thus deprives
Client 's right to seek proper counsel and appeal .
Based upon the above facts and circumstances, we request
that ycu grant a favorable decision of this appeal, or
alternatively, grant a reasonable extension of appeal and furnish
in writing the reasonoof el and meaningfullyiexercise Client
can obtain adequate c to
appeal .
Sincerely yours,
Law Of f ices of Sing Chan
Sing Ch n, Attorney
for applicant
cc . City Attorney, City of San Bernardino
T
Qf�R7
e� �= CITY OF ORANGE
coup#"v}
POLICE DEPARTMENT • 1107 N.BATAVIA STREET ORANGE, CALIFORNIA 92667 (71 4) 744-7390
FAX (714) 744-7320
CSR ROBIN HARPS AUGUST 7, 1992
SAN BERNARDINO POLICE DEPARTMENT
P.O. BOX 1559
SAN BERNARDINO CA. 92401
DEAR ROBIN; -
THIS IS A FOLLOW-UP TO OUR PHONE CONVERSATION TODAY. YOU REQUESTED
INFORMATION ON THE SEVEN CROWNS MOTEL WHICH DOES BUSINESS IN OUR
CITY AT 528 EAST LINCOLN AVE. CITY BUSINESS LICENSE RECORDS SHOW
THE OWNER TO BE MR. JACK LIAO.
THE SEVEN CROWNS HAS BEEN IN OUR CITY FOR APPROXIMATELY NINE
YEARS. DURING THIS PERIOD THERE HAVE BEEN IN EXCESS OF 125 CALLS
FOR SERVICE. SINCE JANUARY 1991 WE HAVE RECORDED APPROXIMATELY 30
CALLS FOR SERVICE. THIS RATE OF SERVICE IS HIGHER THAN THOSE
REQUESTED BY SIMILAR BUSINESSES IN OUR CITY.
THE TYPES OF CALLS RESPONDED TO INCLUDE SUSPICIOUS ACTIVITIES;
DRUNK OR DRUGGED ADULTS; MARIJUANA VIOLATIONS; TRESPASSING; FOUND
PROPERTY; REPOSSESSED VEHICLES; WARRANT SERVICES;- DISTURBANCES
(LOUD NOISE, KEEP THE PEACE ETC. ) ; ASSAULTS; POSSESSION OF STOLEN
PROPERTY AND BURGLARIES.
I HOPE THIS INFORMATION IS OF VALUE TO YOU. IF I CAN BE OF ANY
ASSISTANCE IN THE FUTURE, PLEASE FEEL FREE- TO CALL.
SINCEREL
BOB GREEN, SERGEANT
VICE/CRIMINAL INTELLIGENCE/GANG UNIT
IN
OUT
REGISTRATION Room No.
NO REFUNDS Date In
NOTICE TO GUESTS Rate f
ADVANCE PAYMENT REQUESTED
Date Out
This Property is Privately owned and the management reserves the right
DAYS OCCUPIED
to refuse service to anyone,and will not be responsible for accidents or
injury to guests o for loss of money.Jewelry or valuables of any kind. SUN
1
NAME J/�f7 1)14V l f MON
STREET TOES
y.� .� l✓ (/ �-
/ WED
W For your Protection Please Give Full Address
Z CITY S
> V
CGl I ���V ) 4STATE C� THUR
FRI
CAR
ENSE yL STATE C? , SAT
i
MAKE NUMBER 2 Rate 9
° OF C
E AR - !_"
C f G' OF PERSONS
Tax
Z
. - o TOTAL
1C 6orm Nu L•1 KwrWs Supply,2916 S.rpply/ne Clty of Carrw G
rq 90040 12171 721-0252 DAYS Total
1
•�+ LcorNTUo V Wa.'
S TATE OF CALIFORNIA
r+ p
1 e No
"— ass No. S
w tfft rlORI Of 1H(SI.1f OF CA100ft� /
y �S
ARE MUNCE 1
' y Ski Fa
JOHN
DO-2— AKxx,
607 W FIFTH FIE cf+l aDOac.R�U.
SAN BERNARDINO ,CA /Q,j3 t5
,m UNKNOWN D.1F LIED Loc
LAW EMEORCEMENT ACANCr En EC1Nrc"w6l `I v
SBPD •
ps.Fr) ? 5
� . sr2 sr
�S vN0 CA 92yi/
5-8-83 Bi Complaint filed by offense date 8-2-83
Charges PC 316 CTS 1-2-3-4
8-8-83 - a misdemeanorlinfraction
Certificate and reports in support of issuance of warrant filed.
— Warrant/Ren+end i sued, bail set at 4�W1 issued to s595,50 by Judge
Warrant Report filed.
_ 0. R. Report filed,
- Notice of Advisal,Plea and Trial Date filed.Set for court trial on
in Department at
!cP 13 DI3 ra nokffaa
' HON. ,JUDGE; volm ,COURT CLERK
COURT REPORTER; BAILIFF
Defendant not present. Bail posted declared forfeited with no further proceedings.
(1) Defendant(NOT)in custody.
(2) Qq fondant present in court MfMISY attorney le.,
��i
' li`l `
131 gives true name as
141 Attorney for defendant waives formal arraignment and advisal of Con itutional and Statutory rights
SEP 13 IN3 (5) Request for Setting for Trial and Waiver form}Fled.
.--.—__ 16) Defendant is formally arraigned and informed of the charge(s) against him by the reading of the
allegations in the complaint.
(7) Defendant is advised of all of the following Constitutional and statutory rights:
18) 1 ) ATTORNEY:The right to be represented by an attorney at all stages of the proceeding lexcept
with respect to infractions)and of the court's willingness to appoint an attorney to represent him at no
cost to him if he cannot afford one.
its: t 19) 1 1 PC 987.8101:That,if an attorney is appointed,at the and of criminal proceedings the court will,
after s hearing,determine defendant's a
. bt7ty to pay costs of attorney and enter a judgment for those
costs as defendant is found able to pay.
(101 1 1 JURY TRIAL:The right to trial by jury.
01) ( 1 SPEEDY TRIAL:That N he pleads not guilty,he Is entitled to a public trial within 30 days from
today If In custody and 45 days N not in custody. Case will be dismisaed if not tried within the
statutory time unless good cause is shown for delay.
(12) 1 1 SELF-INCRIMINATI)N,TESTIMONY AND REPRESENTATION:The right not to testify Of admit
guilt; the right to testify in this case and the right to represent himself.
(13) 1 ) CONFRONTATION:The right to confront and cross-examine witnesses who testify against him
(14) 1 1 SUBPOENA:The right to have witnesses and documents subpoenaed into court at no cost to
himself.
(15) 1 1 BAIL:The right to be released upon the posting of reasonable bail to be set by the court.
(16) ( 1 CONTINUANCE:The right to a reasonable continuance to enter a pica if good cause is shown
(17) 1 1 DIVERSION:Defendant is informed of the provisions of P.C. 1000(Diversion).
�R (18) ( 1 DRIVING PRIVILEGES:Defendant is informed of the
privilege - drug)and V.C. 13352(Loss of driving provisions of V.C. 13202 (loss of driving
ng privileges - driving).
(19) 1 1 PLEAS:That defendant may plead guilty,not guilty,or no%contenders to the charge(s).
(20) Defendant is advised of all the following consequences of a guilty or nold contendere plea 120-24,
(21) ( I PENALTIES:The maximum and minimum jail sentence and fine.
(22) 1 1 ALIENS:That if he is not a citizen,a conviction of the offense with which he is charged may lea
to his deportation,exclusion from admission to this country,or denial of naturalization.
(23) 1 ) PLEAS:That a plea of guilty admits the truth of the charge;that a plea of no%contenders has
the same legal effect as a guilty plea except that it cannot be used against the defendant as qn
admission in a civil case; that upon the entry of a nofo contenders plea, the court will find the
defendant guElty forthwith and without trial,evidence or hearing.
(24) 1 ) DMV:Possible or mandatory effect upon his driving privilege.
1 125) 1 1 OTHER
j (26) Defendant fibs written financial statement and acknow
ledgment of P.C.987.81b)notice.
(27) The court,having inquired into defendant's economic circumstances,finds thrt he can afford to,et,-.
an attornev and denies his aDplic>tion fur s,pomtment of an attorney.
Case No. ��� V f✓
Defendant
1281 Defendant states he will retain attar v
(29) The court appoints IPUB(JC DEFENDER/ATTORNEY) to represent the defendar
130) Defendant is referred to
SEP 1 3 W (31) Defendant waives time to enter plea.
(32) Upon defendant's request, further arraignment and/or plea continued to
at M., Department . Defendant ordered to report at said time and place
.r (33)
SEP 13 )9S)
(34) Defendant pleads Not Guilty to : Guilty to
Defendant pleads no/o contender.to The court accepts the pleat
of nolo contender&and the court finds the defendant guilty as charged.
(35) The court finds that the defendant understands the charge(s):the consequences of his plies,inrludrr
_ maximum and minimum penalties; alien status, DMV or other as described in lines (21-251; h
Constitutional and statutory rights(attorney,jury trial,speedy trial,self-incrimination,confrontation
and subpoena as fully explained in limes 18-19)and that he freely,voluntarily,knowingly,expressl,
and intelligently waives these rights and that the pleas)is based on fact I I and/or a plea bargain I
` f36) The court finds that the defendant freely,voluntarily, knowingly, intelligently and expressly waive
the following specific rights(not to be used for guilty or nolo contender.pleas):
(37) 1 1 Right to an attorney, retained or appointed.
(38) 1 1 Right to a jury trial.
(39) 1 1 Right to a speedy trial within the limits specified by law.
cP 1 3 1113 (40) Defendant demands trial by jury:
Pre-trial set for at M.,Department _
�. .. , Jury trial set for at M.,Department _
Pre-trial and Jury trial setting set for JA . �_ �$ at
Department 7�) . Defendant is ordered to report at said time and place.
(41) Defendant requests trial by court which is set for at_
Department . Defendant I-ordered to report at said time and place.
(42) Defendant is ordered released on his own recognizance upon filing of Agreement to Appear.Agree
ment to Appear filed. r
(43) "./Bail to continue ail set at 11_.commitment pending issued. T �
(44) Bail hearing set for at
M. {
145) Upon review of police reports in court fie, the court determines there is probable cause Ir
SEP f !W! defsrxlrnt's detention for trial.
1481 I -
On request of pro-trial continued to
at M., Department ;Trial continued to
at M.,Department Pre-trial and Jury trial setting to
at M.,Department .Defendant Is ordered to repot M said time and place.
(4 71 Defendant is Informed of his right to be sentenced no earlier than six hours not any later than five day
after he has entered his plea of gutty Or nob contendere or found guilty. The court finds that t,
knowingly,freely and expressly waives that right.
(48) Defendant is duly arraigned for judgment and states that there is no legal cause why judgment shou
` a *• t not now be pronounced.
(49) Attomey for defendant waives arraigrXTfent for judgment and states that there is no 100 Cause wt
judgment should not now be pronounced.
1501 Defendant is informed of the provisions of P.C.1203.4a.
(511 Case is referred to Probation Department for the pre-sentence investigation and report- Probaw
hearing and sentence set for at M
'— Department _. Defendant is ordered to report at said time and place.
(52) Defendant is ordered to report to the Probation Department forthwith.
153) SENTENCE f or days in San Bernardino County Jail.Credit for r days serve
PASS
Da A M a rBRF i f
_CkeFE Vl- r+rr!-
lAIVJM 07 TIME MM RZgL S2 FOR OIJt$1i1f IL= MID —
E ,aderad continuer)to /o d S'R 3 selling --
v_gym., ,D
+ voW. Defendant is ordered to return at said
.. . .- -.•l D6fa.� �7ORl 7xdoe �frn�,f .��.f_:- --
_ Bail to contimft .i
IV
non -
r..eno. ��n� u
can N'. �7y7 3�aS
Defendant ((iii) 171SUL 'A'6- A,'D P
.. e9e
rx $ friatme D. Iteeff JO ANU rr1:o suS1Ti N1IAERG
/AIVK Ci :.._ ..J y ! 'DR C, "JAMG� Tl:.ill
On motiondefendant/tW rXetrialand' ry trial setting
14 m.,Demo Defendant is ordered to return at say
SafLA%V.to continue A
00 Z1M
10V 0 8 M3. JUDGE JA.ISS H, CF1!-M 7Ct 7L'l^1 trrrn
worksheet
t
NOW 1 B 15 83A=Jam Y. mAm JO 11111 xno pp
• i'
►�. ., ,- •
13311 19K.to contht ie.
IX
� r Qr 8 8 M=JAM X- tdw+o.. JO OR IM
1010A r
H MOTION-
_
OVA A—A C1 4
nuL
Lw
•�:
-- -.. .- Nov t Sao
v_;y+,1�N . . - - xY: •.A•,:.b;.•.A� ::t9.• _ _ �___— —...rc.'rp4..rti.rr...Wr.._ _- _.
F,M No. \1 t � A 64 1
Can No. M Joc ► i lD-�
Defendant 1l- .. 1�� Pow H
r
DEC S UDGE J JAMS M. CRAW LOIS M.PwA � �'
pLEA
_ Rir:_�r.!. - .� �n.`' G^.�1,l I.,t:�•�fendan4 ltM pl•.r iRi�o eon�tndr
. I.
aftutw ctkr�;.t;:n complaint
•'I
no Court nnds U+st the ct.awant undQft:..nos vie wrMu, mo Pos:.,l»e Ptlulues, M n M aetugt Mn,
f
an attorney Present at as : of Cu 1, x__'I_. tnJ t: :..: pu'i:: ccfca:i: if Ac b w4-ClInt; and b tlts
compukory pro:oa: of t": Coir; t5 ecbpoens vatnac V� ne Cctend:r.: fr ely, volunUnly, MnoM
e odma R69K3 in UPWIT Ar.0 U13, I
vet 11ft lot aen 91104.
ronouneemsat of ludviont ordered withheld
and Vmbetion grwted for....Z.. flO..on
tldm following tsrm(s) and oo ions(s)s
VIOLATE NO I AW
PAY A FlNE ar s=PLUS S A2S:AA&.nv Fs��Ut� '*aMPO
. 4
PLyXd7Z le not rnad The
_- r •t:nant .pct.tt� b 60 to le Aeewstdiag
1%%b'nn r(twr Plvbtfim roar on die
ar% :..stn,s,day c.-W the payment b dot awd
P%Il.in Uhl ter pavcwrt was not merle.
=i ED
Ar
C-Ov,n rjr r ) ( l• t 1
)til t
- — - — i
tr*Wgrre&Ck
fu 1{ �1 =��KA 3
i MWidrtwo d MAft W
hock
_r+:a.a-Lk -rcr fi_.
i
S�/ r IN THE SAN BERNARDINO COUNTY MUNICIPAL COURT DISTRICT
M ^.( COUNTY OF SAN BERNARDINO --ATE OF CAUFORNIN.,�• _. ti�r�t
File NO.
Case NO
f -A rw PSORr Of r.,r start a C.Lr OMWIA
unuurCE an 9 13
~ Linda Tsai Laio •"01i�0'5`• E�-
607 W. 5th St ■c o"eo o*jm r. D 3G 97 brT 3o —
San Bernardino, CA D.RWD P./o-93 5r to
Dorn 2-10-38 0.UC ro a..at o■5u41 T 33-7/s
LAW FMr p1Cf M[hT.G[NCv FrF[CTMG♦M(5r X�•� l S 3 3 7!,6
SBPD ve 7 al. -d Sn
- 8-22-83 kF�
Complaint filed by D. Franz-CO offense date
-
Charges
a misdemea r/infract o-
Certrficate and reports in support of issuance of warrant filed.
Warrant/Remand issued, bail set at t issued to by Judge Warrant recalled.
c :+ O. R. Report filed.
Notice of Advisal,Plea and Trial Date filed.Set for court trial on
,. in Department at
SEP 13 Hn HON. //si/sai['. Ta.4, JUDGE; 11111MR111M N%AISB COURT CLERK
COURT REPORTER; BAILIFF
Defendant not present. Bail posted declared forfeited with no further proceedings.
(1) Defendant INOTI in custody. G
S E? 1 3 lyi] (2) Defendant present in court V46114 BY attorney
(3) Defendant gives true name as charged or as
141 Attorney for defendant waives formal arraignment and advisol of Constitutional and Statutory rights
15) Request for Setting for Trial and Waiver form filed.
(6) Defendant is formally arraigned and informed of the charges) against him by the reading of thr
allegations in the complaint.
(7) Defendant is advised of all of the following Constitutional and statutory rights:
(8) 1 1 ATTORNEY:The right to be represented by an attorney at aU stages of the proceeding(excep
with respect to infractions)and of the court's willingness to appoint an attorney to represent him at n
cost to him if he cannot afford aft.
.. (9) 1 ) PC 987.8(b):That,if an snomery,is appointed,at the end of criminal proceedings ttna court
wit
after a hearing,determine defendant's ability to pay costs of attorney and enter a judgment for thosr
=•`=;.+t :: ,°2�•.:_.dam!_- ;aA" '�Gaa. costs as defendant is found able to pay.
(101 1 1 JURY TRIAL:The right to trial by jury.
� - `mss '` •!�' � f (111 ( 1 SPEEDY TRIAL:That if he
pleads not guilty,he is entitled to a public trial within 30 days frog
today N in custody and 45 days it not in custody. Case will be dismissed if not tried within th
statutory time unless good cause is shown for delay.
1121 1 ) SELF-INCRIMINATION,TESTIMONY AND REPRESENTATION:The right not to testify or adrrm
guilt;the right to testify in this ease and the right to represent him"".
I (131 1 1 CONFRONTATION:The right to confront and cross-examine witnesses who testify against hirr
1141 ( 1 SUBPOENA: The right to have witnesses and documents subpoenaed into court at no cost t
himseff.
(15) 1 ) BAIL:The right to be released
ng upon the posting of reasonable bail to be set by the court.
(161 1 1 CONTINUANCE:The right to a reasonable continuance to enter a pies if good cause is shown
• �'1 *._ �-` "-+ +�- (17) 1 1 DIVERSION: Defendant is informed of the provisions of P.C. 1000(Diversion).
(18) 1 1 DRIVING PRIVILEGES:Defendant is informed of the provisions of V.C. 13202 (Loss of drivin
privilege - drug) and V.C. 13352(loss of driving privileges - driving).
(19) 1 1 PLEAS: That defendant may plead guilty,not guilty,or polo contenders to the charge(s).
(20) Defendant is advised of all the following consequences of a guilty or nolo contenders plea 120.24.
121) 1 1 PENALTIES: The maximum and minimum jail sentence and fine.
(22) 1 1 ALIENS:That if he is not a citizen,a conviction of the offense with which he is charged may lea
_ to his deportation, exclusion from admission to this country,or denial of naturalization.
(23) 1 ) PLEAS:That a plea of guilty admits the truth of the charge;that a plea of nolo contendere ha
the same legal effect as a guilty pies except that it cannot be used against the defendant as a
admission in a civil case; that upon the entry of a nolo contendere plea, the court will find th
defendant guilty forthwith and without trial,evidence or hearing.
(241 1 1 DMV:Possible or mandatory effect upon his driving privilege.
(251 1 1 OTHER:
(261 Defendant files written financial statement and acknowledgment of P.C. 987.81b)notice.
- 7 (27) The court,having inquired into defendant's economic circumstances,finds that he can afford to reta
..-..---,..—.. - -w.w:.w.r,w.1+:.� _.....:�yi.Mh�..w.S�w�`s.n•a ...r.. ------- - -- .a'•e...a.. !c.nr+ws.`FC•.�+...s _-<
0-14 No-.
Case No _
` _ v ?�• Defendant Linda T Lain
(28) Defendant states he will retain attorney
(291 The court appoints(PUBIC DEFENDER/ATTORNEY) to represent the defendan
(30) Defendant is referred to
131) Defendant waives time to enter plea.
(32) Upon defendant's request, further arraignment and/or plea continued to
at .M., Department . Defendant is ordered to report at said time and place
(33)
(341 Defendant pleads Not Guilty to Guilty to
Defendant pleads nolo contenders to The court accepts the pleats
of nolo contenders and the court finds the defendant guilty as charged.
r' (35) The court finds that the defendant understands the charge(s);the consequences of his plea,includiN
maximum and minimum penalties; alien status, DMV Of other as described in lines (21.25); hr!
/~ Constitutional and statutory rights(attomey,jury trial,speedy trial,so-incrimination,confrontation
and subpoena as fully explained in lines 18-19)and that he freely,voluntarily, knowingly, expressly
and intelligently waives these rights and that the pleats)is based on fact( 1 and/or a plea bargain( )
(36) The court finds that the defendant freely,voluntarily,knowingly,intelligently and expressly waives
the following specific rights(not to be used for guilty or polo contendsre pleas):
a..:..>. , ..•:.,-{ ,.�,.-., -:.w.r.v (371 ( 1 Right to an attorney, retained or appointed.
138) 1 1 Right to a jury trial.
(39) 1 1 Right to a speedy trial within the units specified by law.
A (40) Defendant demands trial by jury:
+► i�w°""y�,�r+'rrf4r '° r Pre-trial set for • M.,
Department
Jury trial set for At M.,Department
Pre-trial and Jury trial setting set for Al j/ _ at f'�e�M.
Department �_. Defendant is ordered to report at said time and place.
141) Defendant requests trial by court which is set for at
Department . Defendant is ordered to report at said tiny and place.
(42) Defendant is ordered released on his own recognizance upon filing of Agreement to Appear. r
ment to Appear filed.
(43) M./Bail to continue/ it set at f , commitment pendirig issued.
(44) Bail hearing set for ff at M. � ' (�\
(45) Upon review of police reports in court file, the court determines there is probable cau a for
def ant's d tenti for
SEP t 114!3 (46) .01 XX
On request of pre-trial continued to
• at M.,Department Trial continued to
at M.,Department Pte-trial and Jury trial setting to
I at M.,Department .Defendant is ordered to report at said time and piece.
(47) Defendant is informed of his right to be sentenced no tarlier than six hours nor any later than five days
after he has entered his plea of
guilty or nob o;onrMdere or found 9o+itY. The court finds that he
knowingly,freely and expressly waives that right.
`�. (48) Defendant is
•.`. -.- � duty arraigned for judgment and states that there is no legM cause why judgment Mould
not now be pronounced.
(49) Attorney,for defendant waives erraigninent for judgment and states that there is no legal cause wM
judgment should not now be pronounced.
150) Defendant is informed of the provisions of P.C. 1203.4s.
(511 Case is referred to Probation Department for the pre-sentence invastigabon and report. Probation
hearing and sentence set for at M
- Department _. Defendant is ordered to report at said time and place.
(52) Defendant is ordered to report to the Probation Department forthwith.
(53) SENTENCE fi or days in San Bernardino County Jai.Credit for days served
s: *�^!::?rII ► �=:^.r...-� i� PASS$.
OCT4 IM ell��8�o by
IIarlttane D. Ieutl Y 6Fishi.L[ "DaR C 5 ANv /1 �arref�
. i onrc,
jI WUVW 11' TPW AMD 1RF.;ol7EST FOR ODKEr A= TI =
:1 OrimbondefendlenuM., rialanG ry trialse3ing
dered cDgr%ree W it
-• rfi►-9erpt •edandant is t�Aas'd to r�sn at sera
{ b9*Md Dtaice.Reasotl for ooMinuance:
10 Mrainue.
OCT 5 W3
t+•q��'YL�. R'V�tir•k:ff�KJ :h.HNICK...�+Y,e�a �-t;:-1w_r,..
Defendant LL DA A Y,A a' r Pp
OCT IS as 22"" 10 ANN WW SUSU UMM
1
NA14 OF :'III AM o;,�:FS2 F:,j :Ojrj7,JAXCE TILE:
on motion defenaant/dr.,pretrial and wry trol setting
a m..Dept_l) Defendant is ordered W reG,m at sad ,
Bail to Continua.
OCT 21 -Al
JUDGE"PISS 'r!. C!:."r•ER JO A!3 xTur
^and prot-ial workshaet
�°'� �`.�.- -•a. •- .. '.�;,r�•aal and w true�
�. ,rd:red to rehv,:>X said tiff*
Pz:t/ to cWtiram
•v- >t \
ruv L 8 ldlaJ =JAM V. CRAM V1 a.
QN
�;...�.4—..w►,b 31�1`t rt �rati....� C-20ZRIM t , — •T 7
....................-. ........---_•• .. Y...• /T
ON... MOTICN__
IS
NOV 2 f MS
.rMd 300 X. CP JO AU tftl7�
ON moTm-
j - - 3
r - e3avos.to cor b".
DEC 8 19113 JUDGE JAMES M. CRA14rA LOTS LL PAMA
.
PLEA B AGREEMENT
FILED-
du, o
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�Case No
- l Defendant ��j Per
DEC g _ :r v:-,t t,, o cor�tr.d„r+e_
-� �.•...n :I an re a o uv
nu rynt agamst sat.
an sr .; •t 3'
and to
and Yrsatliexa:7 n r.:a _ ._ .._ as .W oo tact
t:a ves or sen ent: .
Pronouncement of Judgtsent ordered trithbole
,nd probation granted for....2...
the follozing terms(s) and oon loaa(S)i
VIOLATE NO Lft
PAY A MW OF= PLUS St6S—Pkaw.PCM•}_ 70TA .511Z.Oe
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440"M5+
C BERNARDINO P.O.BOX 1559,SAN BERNARDINO.CALIFORNIA 91401.1559
O
� THE MO
POLICE DEPARTMENT OFFICE OF THE
CHIEF OF POLICE
February 26 , 1987
Jack and Linda Patel
Desert, inn oxe;,... �.
Tho
San Bernardino, CA 92410
On February 19, 1987 , our Department became aware of activities at your
business for one or more of the following reasons: Prostitution.
This letter is to make you aware of what transpired and to inform you tt
if events of this nature continue, that we intend to initiate legal
proceedings . These proceedings include, but are not limited to, abatem(
proceedings under the Penal Code, Health and Safety Code, Municipal Codf
or other existing statutes. Additionally, recommendations will be made
all appropriate agencies to revoke , regulate, or restrict any licenses
and/or permits issued to your business.
If you have any questions regarding these matters, or if you need
assistance in eliminating these activities, please contact Detective J .
Eggert at 384-5673-
Yours truly,
DONALD J . BURNETT
Chief of Police
J . Egger etective
San BerntrAino Police Department Vice Detail ` `;
S DJBIJE/cla - .-�;.
' Distribution: City Attorney
Police Commission
Building and Safety
PLEASE ADDRESS ALL CORRESPONDENCE TO CHIEF OF POLICE
! TELEPHONE:383-5011
POLICE DEPA.i c-11 YtLEIlC,P.O.SOX 1318
APPLICATION K BUSINESS PERA�IT c F• • �— � RDINO^CALIFORNIA $2401
TELEPHONE:(7141 311134302
OR 383aOU `
m
co
'JNT NO CL/SS TYPE NEW RENEWAL �f ICE USE ONLY
.=GTY HALL
su�ted:
PERSONAL INFORMATION (Type K print in ink) Date
p O Now0 Re wwl
Na— �•!t ('Gc,c c —�• CYO. �j fc—�pl—P7G� Ornw,L,an.No. Suo Builine.s.F..: :
Address C Gtr rip so"song"No.
W �h S Invest.Fel• s
Dote of Birth/ Neu of Binh t / =Y..U�G`ti•nn? of Resrdenfs in: _ Tab. = _e1/A4 Ye Y^o County S'4f:At A.,e
Mere you ever been found guilty or prod guilty to any Crimo?V No ❑ Ya (if yes pleas explain. Exclude minor nKrc oftwo Receipt No.
Meve You ever used&-tear name? M yes-Please lift name By:
VNo ❑ Yes
PRIOR RESIDENCE ADDRESS POLICE DEPARTMENT
From
Ili► /!.sR✓t . �c , L °'"7 deGQ
La4scirts Adam Pnw No. I.D.No.
ale:
EMPLOYMENT OR BUSINESS HISTORY (Let two employers)
1. From To Name of 16inee Addrm PtlOrr Supetnoor
2. From To Name of Business Address Rtorse Supervisor
BUSINESS INFORMATION
" -re of Bwness ID8 7 7'� Type of B sure Permit
n c
on of Mustiness(Street Address) Berme Phtorr No. Square footga of Bislnew premise:
MaiWig Addreses ABC Linrw No.
ON SALE O OFF SALE O
FORM OF BUSINESS O ks6riduel V46rtnero" O Corporation M
Names end address"d pertran or oorporation officers: (UN add/Vonel ppe M,rceesarr/ n
ELL a - .• ,(r C!> u,' - G'7.h yc,( Fleerr: 7�� � 5763
Pbww: {
I plan to ctrl buewwu on 1 will be Owartwv ID•re d ale taook)
Between des hoses d and MenegrUSuperviaw Name
Move You ever had a bwnees licerw ravokad,suspended or cancelled for any room? O Yes p X16 � �n
tf Yes.pier"eipl Abe edditiondpega Mrsacmwy/ 1/
T
An you now or have You ever been engaged in wW business as a prvw or corporeee overt Yes 0 No - r.
H yes.please fist firmh metals end officers of eecb corporation. Abe ad6boreel plat/YarsyarsrJ ryF� _• Y f.,,. r -
{ .
PLEASE READ AND SIGN:
I DECLARE,UNDER THE PENALTY OF PERJURY,THAT THIS APPLICATION HAS BEEN EXAMINED BY ME AND TO THE BEST OF MYKNONJI664ANDBELIEF(BA TRUE.ODRJECT
AND COMPLETE STATEMENT OF FACTS. I UNDERSTAND FALSIFICATION OF ANY STATEMENT MAY RESULT IN THE DENIAL OF AN OPERATOR'S KRIMT. "
fnveat t bY: Dow i reooanrnd this liornse 1passi be Caned G Drama/,.
Y o GRANTED FOR A LOCTFD TIME ONLY.TEMPORMY Y
I/-Z v o SUBJECT TO CONDITIONS ON ATTACHED OOCUMEAM
CHIEF OF PdLICE OF THE
CITY OF SAN BERNARDINO pbp fM
BUSINESS LICENSE APPLICATION INVESTIGATION
Phone
Date :
In Person : Time :
1 . Have you ever been arrested? ONJb
2 . Do you currently possess on/off sale ABC license? rV 0
3 . Do you have now, or have ever had an ABC license anywhere?
4 . Do you own any other similar businesses? No
5 . How many employees? S
6 . Are you the on-site manager? Es
7 . Do you have entertainment ( live, dancing, games)? /tiJ
8 . Any problems with moral turpitude?
a. Drunkst b. Prostitution�a c. DrugsjF�d. Gambling AX)
3 . Fencing U4jV_,
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1 DECLARE.UNDER tW PENALTY OF PERAIRY•THAT YHE APPUCATM HAS BEEN E%AMMED BY ME AND TO THE MI MY ANDKW
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C 4'; =N BERNARDINO P.O.BOX 1559, SAN BERNARDINO,CALIFORNIA 92401
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THE 4O
POLICE DEPARTMENT BENJAMIN GONZALE
June 11 , 1982 CHIEF OF►OUCE
Lo Tsai Liao , Owner
Desert Inn Motel
607 -W. 5th Street
San Bernardino, CA
i
An examination of public documents reveals that you are the
owner/manager of the property located at 607 West Sth Street ,
, San Bernardino, wherein the business of the Desert Inn.
Motel is operating.
As you may be aware, the area surrounding your motel has been a
district of high incidents involving prostitution activity.
Some prostitutes are transitory and usually rent motel rooms for
the purpose of prostitution. This kind of activity is not only
illegal by the prostitutes, but it is also illegal for those
persons in control of the motels to allow prostitution or other
illegal activity to take place at the motel.
Insofar, as we are aware, presently the premises of the
Motel ,does not constitute a police problem. However, due to
intermittent influx of prostitutes and their pimps, there could .
be a possibility of them wanting to rent rooms from you for this
purpose.
In an effort to prevent prostitution activity occurring on your
premises, and if you wish to discuss reasonable steps necessary
to address this public nuisance, officers of the San Bernardino
Vice Division at 383-5011, will be available to tallwith you.
Very truly yours,
BENJAMIN GONZALES, CHIEF OF POLICE
.
.. "eix+nim"� w.l sue' - `
>.. '4.,..s `' a•t :i'.`
PAUL CAPTAIN
Investigations Division
PB/lrl
PLEASE ADDRESS ALL CORRESPONDENCE TO CHIEF OF POLICE
i
CITY OF SAN BERNARDINO - MEMORANDUM
To CAPTAIN P . BONANNO From VICE-NARCOTICS
Subject NOTIFICATION OF MOTEL MANAGERS Date
Approved Date
The attached letter was delivered to L i.4 -
of the �r �,✓ /�or� on -1/-6L at approximately
hours .
Received by: 6t
Motel : Lzl
OFFICER/WITNESS: /Q. c�i¢C�E,So.J ZoZ7
CITY ON THEM*vz
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City Of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To: Lt. D. Snell
Via Chain of Command
From: Lt. S. Jarvis
Subject: Desert Inn Motel
Date: August 19, 1992
Copies:
I was recently polled regarding the Desert Inn Motel at 607 W. 5th St. and
the previous owner/operator Wen Liao.
It has been my experience that Mr. Liao allowed his buildings to fall into
disrepair. A large number of the rooms that were rented were uninhabitable.
These substandard rooms were rented out on a regular basis. On inspections
numerous rooms were found to have electrical "hot plates" in use with the
occupants advising that the owner allowed them to cook in their room.
Mr. Liao rented rooms to anyone that had the cash. He had been advised a
number of times that he was renting to prostitutes and this did not alter his
rental pattern. Mr. Liao rented to the same prostitutes continually, fully
aware of their actions. Mr. Liao also rented rooms by the hour to
prostitutes.
When Mr. Liao sold the Desert Inn it was "clean" and the largest portions
were habitable. This was not due to Mr. Liao but to stringent enforcement
by the San Bernardino Police Department and other city departments.
Due to past practices by Mr. Liao it is my opinion that if he opens the
Desert Inn Motel that it will cause problems in the downtown area.
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