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HomeMy WebLinkAbout33- Police CITY OF SAN BERNAF )INO - REQUEST FOf 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. eV i r s�; •iY�C� ignature Contact person: Lt. D. Snell Phone: 384-5655 Supporting data attached: Yes Ward: 1 FUNDING REQUIREMENTS: Amount: 0 Source: Finance: -ouncil Notes: 75-0282 Agenda Item No. CITY OF SAN BERNAF INO - REQUEST FOF 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 BERNARDINOc 657188 MISCELLANEOUS CASH RECEIPT Date 2 /2 6/9 3 1 9 ACCOUNT NO. AMOUNT 001-41304 j75 .00 Received From Jack Liao — "}'j � �C-2 The Sum of Seventy-Five---------Dollars 00 Cents For appeal fee I Department City Clerk TOTAL 75 .00 By dj DISTRIBUTION: White—Customer;Canary—Cashier;Pink—Department;Goldenrod—Dept.Numeric Control M CID N ID W Cc w.R.•BOB-HOLCOMB a�U N is R o,y Mam ESTHER ESTRADA First wad C - y C I T Y O F JACK REl1Y p Second wad an i RALPH HERNANDEZ bernardino FMIM wad - 1nFD iy TOM MINOR FUth wary P O L I C E D E P A R T M E N T VALERIE POPE-LUDLAM D A N I E L A R 0 8 8 1 N S Sbnth Wad C H I E F O F P O L I C E NOR �VAwd 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 44 IN 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 PROGRESS C A L I FO R N I A 92401 • 1 559 7 t 4 / 3114 - 5742 1 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. i 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. 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 !:)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. M I N U T 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. 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. 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 N U T 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. 3 M I N U T 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. 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. 1 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. I I NUT 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 occarring at the Desert Inn premises since his application for an operator's permit. 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 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. M I N U T E S SAN BERNARDINO POLICE COMMISSION 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. M I N U T E S SAN BERNARDINO POLICE COMMISSION 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. M I N U T E S SAN BERNARDINO POLICE COMMISSION 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. M I IJ U T S S SAN BERNARDINO POLICE COMMISSION 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-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. M I N U T E S 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. M I NUT E 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. Xhe motel was open 24 hours. Mr. Liao lived at the motel. Mr. Liao would work 18 hours a day at the motel. M I N U T E S 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. M I N U T E S 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. 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. M I N U T E 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. M I N 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. M I N U T E 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. M I N U T E S 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. N I N U E S 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. M I N U T E S 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, ;Dave viewe by, Consuelo Ramirez Tho s Chief's Secretary Vice Chairman LJLKNAKVINU RETURN THIS FORM TO µ�{k0, -'TY CLERK,P.O.BOX 1318 ((� NORTH"D"STREET APPLICATI FOh USINESS PERMIT -..N BERNARDINO,CALIFORNIA 92402 9 X r / r TELEPHONE: (7141 383-5302 y v OR 3835035 IM COUNT NO CLASS TYVE _ _. ^- NEW- - - RENEWAL OFFICE USE ONLY CITY HALL Date submitted: PERSONAL INFORMATION-(Type or print In ink) C New O Renewal Name Or r' Slat Buurru Lic.Fee: f Address City Zip Social r y No. G Invest.Fee f Date of Birth ace of Bu Are V +U.S.Guzen? Length of R rdertce in: /!�7 I Total- f n O No Caun Gry V �Ha ou a found It or lead wilt to a arms? No O Yet ll/ r guilty P 9 r r ye+pNaee explain. ,rd min >ra/tic o/Nnars/ Receipt No. Have ver used By [ner name? If yes-Please list the names G I o Yes PRIOR RESIDENCE ADDRESS POLICE DEPARTMENT fr To Addr / / Z. Date ndlo d Address Ph I.D,No. O � BY: EMPLOYMENT OR BUSINESS HISTORY (Last two afrgloym) t. From To Nam of Bus.nes A Name Phone sups", Vf"f' y 2. From To Name of Buirnes Adddu Phone Suporrisa _ ��� �� Gi�oArus •a —saaThal Name 01 Bu m.(DBA) ,/ Type of Busincu PeYn t,/��-•TT Ouse of Business(Street Address) BuslneuPhhone No. 3 Square foots of rneu premise: lea Yj �� �✓ Mani on lam+']' ABC License No. "Individual / � ON SALE O OFF SALE O FOR O Partnership O Corporation Names and addresses of pertinent or corporation officers: IUs additional 0apa i/neC2 � Phone _V/0 Phone: I plan to star business on t will be operating (Days o11'he weld s Between dte hours of lord ManaPr/StsparvgoS/�lame Her+YOU suer had a busirtes licartea revoked,suspended or cancelled for any reason? O Yes j(No ff Yes.Wean explain lUm additional papa+if rrecnraryi ^�j�� Are rose now or have you ewr been engaged in srty buprus s a partner or corporate oteneri` Yes O No If yes,Please list firm/s name/s and officers of each corporation.IUL additional pages d necsa»ry) v 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, I UNDERSTAND FALSIFICATION OF ANY IT TEMENT MAY RESULT N THE DENIAL OF AN OPERATOR'S PERMIT Print Name S.gnature Data Inves[ig+red by: to I recommend this 1,C6011 permit be O Granted Denied _ 41 \� O GRANTED FOR A LIMITED TIME ONLY, TEMPORARY o O� / O SUBJECTTO CONDITIONS ON ATTACHED DOCUMENT ICE OF TH CITY OF SAN BERNARDINO Page o1 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 nolo 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 1201. 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 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. 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. t CL OZ CL WaW � O cMV H L*+ LQ Q4 co 0 640 W Z (� U toOHM O Gl WH Z H Ea00o eo LO 4'� ! U-J' - AD • 14 sv� .a+aal, - S ••AJ• T•*4J�'.•y �C•�i�j�l� - �I ._♦. in. - - - - - s��i� • X11. '�'i• •. M_. ' � CO 1l Y(E _ _. I V.i �7 S • • . 1.• I - 0 S E P 10 OFFICE OF THE MAYOR T ' / Z� TIME: [7t :;Fkr .rlvAiInerFL Rc= yy� ST ftA> APEAL ON Aj � �:N � SS toe.h ,►� t. q r 4 7"-, v 0 L S • � .4r✓ l3e.R. C� �'N �" S/tN Bed-NAD•'n � p✓/• mot, u.►L� T to. Jw•, sot- e 7 1 C ie e „✓� M o�EL� D .v cv ,y � -P 44, L y- /3'f`!i wG fS i .� tN� AGSt�r��✓n/ /h3 tFL` LArJf tcd 4o thrrm . u s�, � his• uJe,,rr WA A i,/' ;.f' r Cc Li let FZ.s!T A Xv • /�O 0 q'► � O� I If/�. H/d D_ to t t•✓GCE ✓G_P - - ,� „� F taw►try 67h e, A 4r-Alt-e- -i f R.+. S - F NJI.�- �A-�S- A Ali 1) A, Dr �� s d !ti ./ T J �- �. ,Yf •1J.C a T. L /v r,4 2 - -� W •� I.� b Z M ! L �1�:s i✓ i f l i .. -to P 4T f b c. m y T E h p iV l�C D/�t i ,+•�. � t cr'T % W/"' s .11 r Js � Aa' (i tN sh ry•-s m TEL hc, 6Af- ryc c . , oyr of .4 , ;AN "p, r sc , -{ f`v,•1..Z r -/ �t c.k �. r /¢ to A L TN K it S he- 4 n e w s F 'f -,v e- h t s i z ,¢.- IYe./ Qc." -r,6 'c' i n e- dtAjT / 1A, s $ d h s c: *1vice /' of -1h -L finerr. !'o-Afjw thz i•e1- i - c/�. n �/ �ti d a .�.T ? c. A b w N ;S"A �v �3 r a N a D•'..r w :th o w t" i.��.'�l�,�T• ��k•'a� /'�SPoN 5:'b.'L� ty f e R %t �S IiVJ�'�'�s s�f� - . Law vi muc l .j, -Jlltb -.>> S. Ada- -'c Boulevard •^M 7 terev 18)rAj3-1619 91754 Telep„one (8181 548-.» FACSIMILE COVER SHEET DATE: 1--',9/24 1992 TOTAL PAGES FAXED: 3 TO FROM NAME. ci- Clerk , City of San Bernag 0 Sing Chan REGA,RDINGs Desert Inn COMPANY: FAX# : ( 714 ) 384-5468 MESSAGE: am Per requast of the offi a of City neyletter torlhedCitythis letter tO you by fax. Attorney ' s office AND the Police . Law uluces vl J1116 Vllmia 52 S. Atlar • BouleN,ard • Monterey Park $,Calif,r6niaa 91754 Telephone (8'18) 458.5557 FAX LE 22 , 1992 By certified mail Chief 01 Police Commis3ion of Police City of man Bernardino C/o City Clerk p .0. Box 1318 300 North "D" Street San Bernardino, CA 92402 Re: Desert Inn Motel Dear Chief of police: owner, Mr. We represent the above-captioned motel thd its p ncipai Wen-Nsi.,zrg Liao (hereinafter as -Client" ) eE;,z located at 601 W. 5th Street, San Bernardino, CA 92410, in conne connectxt=n with Client's application of business permit and relate matter . On behalf of Client, we are writing to appe emit m and police decision of denial of said business p alternatively, we request that you grant us an extension to appeal should you decide that the facts and basis alleged in this letter are not sufficient to meet with the ra requirements under Section 5 , 82 . 1 0 and 5 .82 . 120 of the City din Client alleges the following facts: 1 . On Duly 7 , 1992, Client filed an application of business permit with the City Clerk. 2 . Or_ or about early August, Client had an interview with a police officer naLmed Tull. 3, On or about September 4, 1992, Client received a call lif from a police officer named pawl who informed Client that lice docpupmenta at was denied and advised Client to pick up the the City Clerk's office on September suchadenial.. Client was not advised of the reasons or basis o 1 4 . On or about September 8, 1992, Client went to the City Clerk's ity office and was advise that £ e policeCler s investigation and applica'.ivn with notation Of recommenllaa.-ion. Upon Client ' s request, advised that Clientowould said app:.ication. Client a _ receive the police decision by mail within a couple of days . Client was not advised the date of denial nor was he advised about his right to appeal and the procedures therefor. 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 the basis or reasons of denial and the right to appeal, deprivincr Client' s right to seek proper counsel and appeal. 2 . Under Section 5 . 82 . 050 of the City C he ance City the Chief his Of o Police ;;hall "report in writln , recomnecidations and reasons therefor as to whether such operator's permit should be granted or denied. " Section 5 . 82 . 090 also wri_tten notices Of provides that the Chief of Police "shall glThe Police Commission his or her decision to the applicant. . . . 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 reasons of denial of said application so his Client can obra-i.n adequate counsel. and meaningfully appeal . Sincerely yours, Law Of f ices of Sing Chan s Sing Ch n, Attorney for applicant cc . City Attorney, City of San Bernardino 2 Of�Q-1 CITE' OF ORANGE 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. SINCE BOB GREEN, SERGEANT VICE/CRIMINAL INTELLIGENCE/GANG UNIT IN / OUT REGISTRATION Room No. �✓(" NO REFUNDS Date In NOTICE TO GUESTS Rate S 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 of injury to guests O SUN ( for loss of money,Jewelry or valuables of any kind. NAME ��/ j / MON TUES STREET j .� (�✓A WED WFor your Protection Please Give Full Address i CITY STATE C�Z THUR / FRI CAR ENSE x2 X2 P�4 I�) STATE C� r SAT MAKE NUMBER Rate$ Z OF CAR C /--f G;' OF PERSONS Tax E TOTAL �\ 0 Form No,l-1� Kerx+/e Supply,21146 S.pply Ave,/r Ckr d l.onxneraa G IIOOaO 12131 7210262 GAYS Total Vt HE MUNICIPAL COURT DISTRICT COP , S—TE OF CALIFORNIA 6A i t ' �J�e No. F�l/C e el� ase No. iOt)44 TNf ROLE OF THE St.Tt OF CAEIFOAY. .r.E. / LSE O / FU or JOHN DOES T Scat E ✓/ � °`w 607 W FIFTH PIECE-oAeoNc NU o v SAN BERNARDINO ,CA IIN o.TEFiEO DmUNKNO �1 !mod atKN0 _ /� 5`35; LAW ENFOACEMENT AGENCY EFFECTING Am%ST I I // V L�P] J ���9 SBPD 8-8-83 Bi Complaint filed by offense date 8-2-83 Charges PC 316 CTS. 1.2.3.4 a misdemeanor/infractio 8'8-83 Certificate and reports in support of issuance of warrant filed. Warrant/Ren+end i sued, bail set at $/500, issued to 58-'50 by Judge Warrant recalled. 0. R. Report filed. , " Notice of Advisal,Plea and Trial Date filed.Set for court trial on in Department at 13 all tfY (1. 7'Id ir� Pftt(ru HON. / . JUDGE; RlltJllf COURTCLERT COURT REPORTER; BAILIF Defendant not present. Bail posted declared forfeited with no further proceedings. (1) Defendant(NOT)in custody. ", 1 1913 121 QqLwndant present in court /BY attorney, lk—, / 131 gives true name as (4) Attorney for defendant waives formal arraignment and advisal of Con motional and Statutory rights SEP 13 N3 (5) Request for Setting for Trial and Waiver form filed. (6) Defendant is formally arraigned and informed of the charge(s) against him by the reading of th• 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(excep with respect to infractions)and of the courts willingness to appoint an attorney to represent him at nc cost to him if he cannot afford one. (9) ( 1 PC 987.8(b1:That,if an attorney is appointed,at the and of Criminal proceedings the court will after a hearing,determine defendant's ability to pay costs of attorney and enter a judgment for those costs as defendant is found able to pay. c't�:�. ' •�� (10) 1 ) JURY TRIAL:The right to trial by jury, 11 1) ( 1 SPEEDY TRIAL:That If he pleads not guilty,he is entitled to a public Vial within 30 days from today If In custody and 45 days If not in custody. Case will be dismissed it not tried within the statutory time unless good cause is shown for delay. (12) 1 1 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, 113) 1 1 CONFRONTATION:The right to confront and cross-examine witnesses who testify against him 114) 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 she court. 116) ( 1 CONTINUANCE:The right to a reasonable continuance to enter a plea 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 ) 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 no contendere plea 120-24; (21) 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 lea^ 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 no%contendere 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 no% contendere plea, the court will find thF defendant guilty forthwith and without Vial, evidence or hearing, (24) ( ) DMV:Possible or mandatory effect upon his driving privilege. (25) 1 ► OTHER: _ (26) Defendant files written financial statement and acknowledgment of P.C.987.8(b)notice. (27) The court,haying inquired into defendant's economic circumstances,finds that he can afford to.ef,- an attorney and denies his application fur a%•aom;ment of an attorney ._: - - - - -- -+..:s.: - _ t-_�..._ -- --•- r _ -._.:s...:w.c,,. -�•u•�.,�.c..:.,L.- "v'b.•csz.:<s..w�a.�ia,.r.,sa.�..:.:ti...:...._._. .. Case No Defendant - DOE (28) Defendant states he will retain anorney (29) The court appoints IPUBI IC DEFENDER/ATTORNEY) to represent the defene 130) Defendant is referred to SEP 1 3 1113 (31) Defendant waves time to enter plea. (32) Upon defendant's request, further arraignment and/or plea continued to at .M., Department . Defendant u ordered to report at said time and pia 1331 SEP 1 3 W (34) Defendant pleads Not Guilty to ; Guilty to Defendant pleads no/c,contendere to .The court accepts the pie of no%contendere and the court finds the defendant guilty as charged. \ (35) The court finds that the defendant understands the chargels);the consequences of his plea,inrluc t 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,confrontat and subpoena as fully explained in Ones(8-19)and that he freely, voluntarily,knowingly,express and intelligently waives these rights and that the pleats)is based on fact( )and/or a plea bargain I (36) The court finds that the defendant freely, voluntarily, knowingly, intelligently and expressly wa, the following specific rights (not to be used for guilty or no/c,contenders pleas); 137) ( 1 Right to an attorney, retained or appointed. 1381 1 ) Right to a jury trial. (39) 1 ) Right to a speedy trial within the limits specified by law. 'cP 1 3 (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 rte *= Rj at�•�Qrpi 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. Agr, N 1 ment to Appear filed 1431 "./Bail to continue atl set at f ,commitment pending issued. T � (44) Bail hearing set for at M. (45) Upon review of police reports in court fib, the court determines there is probable cause i SEP f 1 tatty deferxlant's detention for trial. (481 ' On request of pre-trial continued to at M., Department ;Trial continued to _ ^rtes' at_ M.,Department ;Pre-trial and Jury trial setting to at--M., Department .Defendant Is ordered to report at said time and place. 1471 Defendant is Informed of his right to be sentenced no earlier than six hours nor any later than five da, ., 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 duty arraigned for judgmrrnt and states that there is no legal cause why judgment shou t not now be pronounced. (49) Attorney for defendant waives arraignment for judgment end states that there is no legal cause wt, judgment should not now be pronounced. (50) Defendant is informed of the provisions of P.C. 1203.4a. �.�... (51) Case is referred to Probation Department for the pre-sentence investigation and report Probat c, hearing and sentence set for Department _. Defendant is ordered to report at said time and place. (52) Defendant is ordered to repot to the Probation Department forthwith. 153) SENTENCE f or days is San Bernardino County Jail.Credit for r days servec PASS Dal ann�ru br 1 • ole�'..rlrinf HAZY$ 07 711C AHD BEQUEST FOR OO?T11fUAAGE ?ICED - - On rno- I orderad conbnut 1A !t� d •A a selling --- txtpt. Delertdant is ordered to reitsrn at said - md olsee.Reason for Q�fo�i%1 ai ear of e,5w rR^err+l ,{ Bail to continua. - X1913 -- ;1Tn -- - F,ieNo. it Cm NJ. Uy C If 7 Defendant 6(;A-A) /`�Stc, A.'G- A- Pape O Jo ANN rrRp SUSAN AAIJIBERG , 'OR G�S1: "4&ACL FIUL On motion defen clan U"Pl nretnal and'ury trial setting h m.,5"t.!> Defendant is ordered to return at sarl . &6&C ., . A, tJ..yG7 ndA a j t._. �. t Bai1l�F.to continue y V (. OCI 21 W JOY 0 8 IM3. JUDGE JAI'S Id, CF 1Tm 76 X-" EtTr-O t. ;ret-ILI worksheet Ball/*W tJ con irL:^ / ' NOV 1 6 1583JUDGE MW M. CRA?tER JO ANA YIhG lFr) TO IS ORDERED CONT . t ✓ •' `` •` ,' ' = rBail to Cart hle. '. Ov 2 3 19p cxtAIM N _MOTION IS ORDERED CONTINJIM TO lo thm, n ' my2%"a Defardant �QY1 - 1..{ A Paw H r DEC 8 JUDGE jMCS K. CPAM LOIS M.PAHIA 1� r W r r all PLEA RGAIN AG EMENI FILED Comi.t` r ollonao chin;i n cwvaim rtv Court finds trot the ot.cauant unoers•.anos tea cnoatgat, tno Posr,— Penatues. M M14 af:amat *a,,, -.1 hakft an attorney prront at a7 : of Ljo I,cx__1_: cnJ is i.c If Ae is w4-Z t; and b tlr f pompukory pro:.aa: of Cu Cojr: 0 c0pocna ramiZ Lt.: nc dcfcndcct vduntanty, krmwtrqft in open cour,; a n ves or sen eaorX ronouneetaent of Tudgment ordered withheld and REobatlon 6rentod for.... C.Q..on %be following term(a) and cond ions(s): PAY AM NEOFf=PLUS fII:PAA1S,►CCS�1UtW[ 3}$� - - y {s, tb.-.:..•n a r PL)X.-s:is not pads the ­1 t� b(p to �e A ovuvw (►��►'on c(t;%.Vivbt6.xt Dqmrtrucgw on the ae :—m a-oar c.tirr die payment Is due and .gyp! is unt t!:;pavevrt vraa not mmle. JUCI.Lu i no, LA-1 BAIL ONE ED L 41`3 <(.,k - ) )t rt t Ck/_._--- PASS EEO t t i ��Adrawe-i7 W :tom•-a a 4;Z-1, varr.rr> IN THE SAN BERNARDINO COUNTY MUNIaPAL COURT DISTRICT .a COUNTY OF SAN BERNARDINO, f E OF CAUFORNW 1 ►�+ ' t File No. { Case No. Twt Pt0►lf y!,.E aIATF O<CALI OANIA 9 4 vS A.RA WI DATE 13.0 O Linda Tsai Laio •.O` Tof V• o' (k i 607 W. Sth St ftcl -o.wwowwE. •3(' 57 (3tT 3U - San Bernardino, CA D+TF PIED �� 10 °°' 2-10-38 O.L,r wa Eu.D.o.w.ETr ik.i S 331/S lAW Ewf O.CE ME wT Ar.EwCr Efff CTMK.NEST - <-a-� S 3 3 7,',6 SBPD L c ] 4L.J sn Q-13 1C 3 8-22-83 kk-omplaintfiledby D. Franz-CO offensedate Charges PC 116 a misdemes linfracr Certificate and reports in support of issuance of warrant filed. Warrant/Remand issued, bail set at $ 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 1!p HON. JUDGE; &V" MIA 1 ,COURT CLEF COURT REPORTER; BAILIG Defendant not present. Bail posted declared forfeited with no further proceedings. (1) Defendant MOT) in custody. SEP 1 ) lyi3 (2) Defendant present in court V4=BY attorney 'L.a (3) Defendant gives true name as charged or as (4) Attorney for defendant waives formal arraigrEment and advisal of Constitutional and Statutory righ! w (5) Request for Setting for Trial and Waiver form filed. (6) Defendant is formally arraigned and informed of the charge(s) against him by the reading of t, allegations in the complaint. Cw (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 courts willingness to appoint an attorney to represent him at r cost to him if he cannot afford one. (9) 1 ) PC 987.8(b):That,if an attorney is appointed,at the end of criminal proceedings the court we after a hearing,determine defendant's abikty to pay costs of attorney and enter a judgment for thos -s'E`'�� :?�,=.�.�•! w ': ? rA.�..�j costs as defendant is found able to pay. { (10) 1 ) JURY TRIM: The right to trial by jury. (11) 1 1 SPEEDY TRIAL: That if he pleads not guilty,he is entitled to•public trial within 30 days hor today if in custody and 45 days if not in custody. Case will be dismissed if not tried within th statutory time unless good cause is shown for delay. (121 1 ) SELF-INCRIMINATION,TESTIMONY AND REPRESENTATION:The right not to testify or adm 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 hirr f 14) 1 1 SUBPOENA: The right to have witnesses and documents subpoenaed into court at no cost v himself. 115) 1 1 BAR.:The right to be released I j g 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 if good cause is shown 1171 1 1 DIVERSKM:Defendant is informed of the provisions of P.C. 1000(Diversion). + I _ • (181 1 ) DRIVING PRIVILEGES:Defendant is informed of the provisions of V.C. 13202(Loss of driving J privilege - drug) and V.C. 13352(Loss of driving privileges - driving). (19) ( 1 PLEAS: That defendant may plead guilty, not guilty, or nolo contenders,to the charge(s). (20) Defendant is advised of all the following consequences of a guilty or polo contenders,plea(20-241- (21) 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 lead to his deportation, exclusion from admission to this country,or denial of naturalization. (231 ( 1 PLEAS:That a plea of guifty admits the truth of the charge;that a plea of nolo contendere has the same legal effect as a guilty plea except that it cannot be used against the defendant as an admission in a civil case; that upon the entry of a polo contendere plea, the court will find the defendant guilty forthwith and without trial,evidence or hearing. (24) 1 1 DMV:Possible or mandatory effect upon his driving privilege. f (25) 1 ) OTHER: -----_ (26) Defendant files written financial statement and acknowledgment of P.C. 987.81b)notice. (27) The court,having inquired into defendant's economic circumstances,finds that he can afford to retain �Kw -- �SU.w-as.-ti,�.Ai.I.'ia..,C�.a•w.SU4i�a`�.Atwv..tn�:+Yw<r`^>�c'+a:.y�X`�:NAq:nlKtiaG�/u±.M..v�1...cAcJ.v-- -_ err/r.e bO.SYRR��� 'iMw4M!!I./Cyf?V p9!h�L�/u YJ1.v�!sIY..<. File Ncr J. Case No _ SA ti_>- - _ • Defendant Linda Tsai -aio (281 Defendant states he will retain attorney 1291 The court appoints(PUBLIC DEFENDER/ATTORNEYI to represent the defends (30) Defendant is referred to 1 ,1113 (31) Defendant waives time to enter plea. 132) Upon defendant's request, further arraignment and/or plea continued to at .M., Department . Defendants ordered to report at said time and plat (33) (34) Defendant pleads Not Guilty to Guilty to Defendant pleads no/o contendem to if The court accepts the pler of no/o contenders and the court finds the defendant guilty as charged. (35) The court finds that the defendant understands the charge(sf;the consequences of his plea,includ maximum and minimum penalties; alien status, DMV or other as described in lines (21-25); ~ Constitutional and statutory rights(attorney,jury trial,speedy trial,self-incrimination,confrontatrc and subpoena as fully explained in lines (8-19)and that he freely, voluntarily, knowingly,express and intelligently waives these rights and that the pleats)is based on fact I )and/or a plea bargain I (36) The court finds that the defendant freely, voluntarily, knowingly, intelligently and expressly waiv the following specific rights (not to be used for guilty or nolo contender*pleas): a•�,-., _,4;..�._. v„x ��, (37) 1 ) Right to an attorney, retained or appointed. 138) 1 1 Right to a jury trial. (39) 1 ) Right to a speedy trial within the units specified by law. (40) Defendant demands trial by jury: Pre-trial set for a M., Department Jury trial set for /6t M.,Department Pre-trial and Jury trial setting set for 14e — 4$� — AT at P'­:111e,01 L Department �D--. Defendant is ordered to report at said time and place. (41) Defendant requests trial by court which is set for at h 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. gre �,. ment to Appear filed. (43) 0"M./Bail t_ o continue/ it set at ill-, commitment pendirig issued. 144) Bail hearing set for at M. 1 (45) Upon review of police reports in court file, the court determines there is probable cau a fc clef ant's 4 enti for (46) ,r '91 Py On request of pre-trial continued to �rr 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. (47) Defendant is informed of his right to be sentenced no earlier than six hours nor any Inter than five day ^'• ✓= SZ �r- sr z `.•` ".;:' ..� after he has entered his plea of guilty or polo contender*or found guilty. The court finds that h < _ knowingly,freely and expressfy waives that right. Y _ P `' ?'• *�' 4 •� (48) Defendant is duty arraigned for judgment and states that there is no legal cause why judgment shouk not now be pronounced. (49) Attorney for defendant waives arraigrxnent for judgment and states ftt there is no legal cause wh judgment should not now be pronounced. (501 Defendant is informed of the provisions of P.C. 1203.4s. (51) Case is refened to Probation Deparunent for the pre-sentence investigation and report. Probati 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 t or days in San Bernardino County Jai.Credit for days served ^4=t'4 7°asGOW--4 =:err:..� � PASS i amaro b ' OCT 1lt3 l�tulume D. Iftaeft eh'DY 8•rs'. �aa e .?one 4 'ady &I irre ff- _ . .:�• � �OY de�e rr�8 nt tfA1VMl OJ TpM An U;:JEST !OR COttTHRJ14CS 91 L On motion defenrient/Sm., retrial andlury trial sexing Q 9rdered niee W { r.o�P.�r► E�e� efr�ndarlE is e=Aerad to F84b ►at SaW # time and .Reason for oontinuancr. rn e- OCT 5 0#3 fm irn HVrK "`�.a.�iia+r.t•W�i�n�-:«r+can»+a..�.£c-�Yavw•`.+-.f°Ct•r.a+\ r - r _ _ _ ;r,ri a, . Casa NO Defendant /N A h q D Pa¢ OCT 2 s 03 brl=t D. ISUff Jo ANA WM SUSAN ULME 3G Le . UP7I3! OF :1.'Z iCD q T_.SS FAR �Clt j,P�,AyCL FI.'Z: i On motion defenasnt/111W.,pretnal and jurytriel setting -�s3+d,,od co-b a 40 /i-i - n at X•'�O Q m.. Dept.!> Delendant is ordered to return at said and ,isce Reason Bail/ to continue. OCT 2 7,41 1 9 1913 JUA:F .'p"�, rl. C�4'UrR Jo Ar4 JIIP(' .w .. �{. ,c..._w......�a4.. .. -.'. ..may.•I;r., \ 7r and pret-ial worksheet ;r2•ul and to trial fin[ ' *. . -rd-,red to retwr m at said time Pa:1/ to OV- 1f"41 fql yUY 1 $ JUDGE JAMES Y. CRAM Ug � a . ad ON... IS .... _..........AT. - Bail/Ox.to continue. NOV 2 11141 �i 3 IN<3 rtDG�JAMS 1I. CRAM JO AU EM i • j - - 3 ' Bail/%t.to continue. a DEC 819113 JUDGE JAMES M. CRA}!ER LOTS M.PAFilA � PLEA 13 AGREEMENT FILED A _ a o. ..• . F la No. � ZAICL No Defendant x rl Pop DEC vj AM Mc.c.,nizi ana relaTeUTo uy QrM coc't :.nez rat the c:.r-= It L-r.:-seer _ _ _ e-3". nn rgnt against now Invirnin—Fr5.1. w to - _ w a Jury trial an arz-r.:cj and Me tar Oto and tntafli¢zr.:7 '..^d on lad vullIUMT valves tj= Zor sea enC . Prononaoement of Judgmt ordsred ritbbeli ,nd probation granted for.... .... the following Lerme(a) and eon ioas(a)t \ VI PAY A MW Of 4S PLUS QOMW.Rms.70-CRO 615,of pay3wr2 is not rude,tie k -on of:r.:i mb A3w Depa rtnaed on the abs Mvriemm 2 due amid -%-";a*:-.W:7, the pamcmit was not me&. co BAIL EXONNEflATEbO too r JAN 2 7 ;,a 0 S �h Diil bdeited i trtttehrred di PASS MCA- 50 wftkmww _.._.-- '•.{�•t'�!•'*%�C�- newt:-��!•- - .. ..mow !�. a• v . t om- t.s NAM x .; MASTER NAME FILE SAN BERNARD I NO POLICE DkP,e4 ,VJW T e Name - - _ - Dob v LIAO ,LINDA 02AV38t - 607 W 5 ST #51 SAN BERNARDI . CA Ref Ref-No Date Inv Reason = Sec-Ref . c . INTL 870098045 08/01/87 WIT INC/SUSP SGC.10r--.=22-1 _ .., ° •8C IC PC==,14 . INTL 860041904 03/30/86 WIT PC484(F) (2 INTL 860014271 01/31/86 WIT PC487.1 Adr-Inv Ref-No Street Phone TV CONVERT 607 W 5 ST #51 SAN BERNARDI CA 7148899763`'';*,i-' ` >S N J _ - T M:. i y . 1 y H/20/92 14 :16::8 FROM CL at _ RE : OW(.CA0361000 .07547438.RHARPS DATE :08-20-92 TIME : 14 :16:20 � r' RESTRICTED-'O N071' USE FOP. EMPLOYMENT,LICENSING OR CERTIFICATION PURPOSES' /A,07547438- H L:T 5UZ— r4 GTJ /i e20 El E.'eI.0 HAI 5LK1 POB.'CN NAM/al- LA I O,LINDA TSA i FPC HENRY I 32 — MMM rte._. _— - OCC/MOTEL OWNER ARR/DET/CITE: NAM:01 08-08-53 CASO SAN BERNARDINO CNT - 01 #588835—SSMC 316 PC—KEEP DISORDERLY HOUSET ARR• BY:CAPD SAN BERNARDI_ — • :;. �" �` * * * END OF MESA * -' to 1.., '.�—' ►t^`- � =%�'..4 f .- �:. 5 t'.c 'iya• �f fr,•�^. . r f" tys♦+ i tiM - .a jam, i aft- ol a tL rt_� ." 0 F' NAMS x MASTER NAME FILE SAtd BERNAR.DINO POLICE DEPARTMENT ar _ Dot F LIAO , JHCK; 09/09/35 M 0 65618 . 607 Vt -5TH ST #1 SBO CA r. Ref 'Ref-Na Date Inv Reasaii'_° 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 IT 870095520 07/16.,"87 VIC PC242/417/ - - INTL 870048345 04/10/87 REP, ING/PC--5 INTL 870041757 03/27/87 REP PC594(B 3 INTL 860169594 12/31/86.REP.,�.PC60 - INTL 860107892 08/19/86 VIC PC594(8) (2 INTL 860062221-05/18/86 Vl:C*..RC.ZA. INTL 860014271 01/31/86 REP. PC487.1 INTL 860007796 01/17/86 REP PC594 INTL 860001253 01/022/86 REP PC459. INTL 850160729 12/26/85 WIT INCIDEMJ r CONT ***CONTINUATION*** 4,0 .57 .e :Ti-p: -T^.� - < -.�:v�`'k✓«r'{It. `�''�Y�'3r s1� �- IT i F t�Z. r! •�i .err. 07/28/92 15 :05: 21 FROM CLETS: •ri`r . Cr,O�: •1 �0 . ;-5 ;==C4 .RHARPS Dr+TE: 07-28 TIME:15:01 :04 STPICTED-D0 N07 USE FOR EMPLOYMENT,LICENSING OR CERTIFICATION PURPOSE' + -' . .H"' R P j V I C�E I Nl% ** III CALIFORNIA ONLY RECORD • mss- 7-/ 7 38359 DO — — SEX/M RACE NESE .NAM/01 I-I AO.WENHS I UNG mw . 02 LAO�WEN �t(3 "? f _ - ti :' `•, 03 LIAO JACK - FPC R1F 18 L 11 U I00 17 M M 2 FBI/222,37 CA1 1 - 'j` -� •tY Lw �� 4#'. ._ .�,•a.. :ter ~ a t � S F/5705 : -. 08-08-8t`\r-CASO SAN BERNARDINO CNT:O 1 *588842 ;A_e 316 EEF`�'6I SORDERLY HOUSE l' q r _i!aC' .,�t�.-.,,`., .-ti: ;4r� c .c.Se-'-i.a•s+ifaj .sa.s•..r •�r+y Jf[.,.+,��. :r�� ':` a. - ;t. y. `s<. �• COURT': _ 7. —08-83 CAMC SAN BERDO CENTRAL . 4, s ,` " '_3 - •J S - y �.L:}p .. .ai r>'-�. '04.. �,ls • .$ �. - .�. _may`.' -, 07/2S/'92 15 :02: 45 FROM CLETcd: D Ll,',E:15:02* WTCiHE-L' n—N:*L/N+F/'N* MI* 61) 09-09-35*f-4AME : LIAO WEN HSIUNG* RES/ADD:20378 VIA TRINIDAD YORBA LINDA 92686*EFF:09-12-90* OTH7ADD:607 W 5TH ST SN BERNARD INO*EFF:0 6-18-82* IDENTIFYING INFORMATION= SEX:MALE*HAIRiBLACK*EYESt'SLK*HT:5—O8*$4Tt'lrD5*.-� ,,* LIC/ISS:09-12-90*EXP/BD:94*CLASS:C NON—COMMERCIAL* ENDORSEMENTS: NONE* MED I CAL EXAM EXP: NONE* CERTIFICATES: NONE* LATEST APP:DL T"i'PE:RENEWAL*APP/DATE:09-12-90*WHT*BATES:122* LICENSE STATUS: VALID* ON i g w "dk*klk FTP: NONE* FTA: NONE* END vo FIJI F tel,M-I. f K j Q` 1 k A,, C _ . BERNARDINO P.O.BOX 1659,SAN BERNARDINO,CALIFORNIA 02401.1660 O THE pAO POLICE DEPARTMENT OFFICE OF THE CHIEF OF POLIC February 26 , 1987 Jack and Linda Patel Desert. Znnej,..... �- 41 San Bernardino, CA 92410 On February 19 , 1987 , our Department became aware of activities at your business for one or more of the following reasons: Prostitution. This letter is to make you aware of what transpired and to inform you t if events of this nature continue , that we intend to initiate legal proceedings . These proceedings include , but are not limited to, abatem proceedings under the Penal Code, Health and Safety Code , Municipal Cod or other existing statutes. Additionally , recommendations will be made all appropriate agencies to revoke , regulate, or restrict any licenses and/or permits issued to your business. If you have any questions regarding these matters, or if you need assistance in eliminating these activities , please contact Detective J . Eggert at 384-5673• Yours truly, DONALD J . BURNETT Chief of Police J . EggerVAetee tive San Ber r ino Police Department Vice Detail ' j DJB/JE/cla 1 - Distribution: City Attorney Police Commission - Building and Safety PLEASE ADDRESS ALL CORRESPONDENCE TO CHIEF OF POLICE TELEPHONE-383.5011 L..I 1 1 l,Jl J/-11 14 Lnl\i 1(\LJII V�.J e " • - - _ uiUnti 1>:1yronr tu. POLICE DEPA.0 f irry.c i,P.O.Box me TNI APPLICATION FOh JUSINESS PERN�IT c o�NO"�J,LIFORNIA g2�02 TELEPHONE: (714)31133302 OR 3933n38 aZi c" / 'OuNT NO CLASS TYPE NEW RENEWAL MICE USE ONLY O =CITY HALL l+� PERSONAL INFORMATION (Type or print in ink) Dan es rt d: ame _ Phone Drnw's Licww No. state New N f4rrtetl /L ,' /$L �J !—//V� Bukrn dt Fat: S Address 1 1 Gty Lp Sonal Saaxrty No. W f'Li S/1 Inwat.Fai• : Data of B rM Piece of 8'rth Ara You a U. Ghnn? of Residers in: .: I 7A ,,/ L / Tow: � S al/��V ❑ Yes 1'/o County S'�GcAca�,� � Have YOU ever been found guilty or peed guilty to any Crirr*?V No C Yes (/f yes pbaee euy/am. Eadude minor vWx othnw/ Rtrnipt No. r Ha YOU ever used anotrKr,name? H yes-Please list the names By' VNo C Yes PRIOR RESIDENCE ADDRESS roUCE DEPARTIMENT From Deb o p Address Zip as Address Phone No_ W.No. By: EMPLOYMENT OR BUSINESS HISTORY (Last two employers) 1. From To Narrw of&amen Address Phone Supervsor 2 From To Name of Business Address Phone Supervssw BUSINESS INFORMATION Name of Business Type of B nines Permit ion of Business(Street Address) Butinen Phone No. Square footage of Business prtrrrba: x'63 Mailing Addren // ABC Ucww No. S �C' ON SALE ❑ OFF SALE C) FORM OF BUSINESS ❑ imo. sW corporation m Names"addresses d/partners or ca pro.onion officers: ll/se edd/canal pages M rrcYasrr) ! •� n Phone: Fhorw: 1 plan to liters business on r 3 V I win be operso g (Do"of the wak) -tom Between the Hours of and Menager/SuOervisw Narwe �JfZa-.e7 fiV Have you evw had a brain m lineroe revoked,-us pended or canowlad for any reason? O Yes b lIS If Yes,pease explain (Um addidona/pwaa Nnaaeasory) T_ Are You now Or have yw ewe been engaged in arty busmen as a pwUwr or corporate overt ❑Yale ❑No zv_. If Yes.plena Get firmh rwwh and officers of aacp corporation. ItAe a"oonal papas 0A arasety/ ' .. } ►y PLEASE READ AND SIGN: I DECLARE,UNDER THE PENALTY OF PERJURY,THAT THIS APPLICATION HAS BEEN EXAMINED BY ME AND TO THE BESTOF MY KNOYrIEDGE ANO SELIEF IfjkTRUEf�11RECT ANO COMPLETE STATEMENT OF FACTS. I UNDERSTAND FALSIFICATION OF ANY STATEMENT MAY RESULT IN THE DONAL OF AN OPERATOR'S PERMIT.``- Pr. ma TJ! Sytaoae - invest�pat Dy: Date I recorrrrwsd this license/permit be Gres wall ❑ Don" . Y ❑ GRANTED FOR A LWRED TIME ONLY, TEMPORARY a ❑SUBJECT TO CONDITICINS ON ATTACHED OOCUMEI(T AE CHIEF OF P61LICE OF THE . CITY OF SAN BERNARDINO Page of 1,7e57 � w _-5 �T BUSINESS LICENSE APPLICATION INVESTIGATION Phone Date : In Person : Time : 17)C) 1 . Have you ever been arrested? AJ O 2 . Do you currently possess on/off sale ABC license? 3 . Do you have now, or have ever had an ABC license anywhere? A) 4 . Do you own any other similar businesses? 1V1� 5 . How many employees? S 6 . Are you the on-site manager? CS 7 . Do you have entertainment ( live, dancing, games) ? f4uj 8 . Any problems with moral turpitude? a. Drunks is b. Prostitutiony6S C. DrugsY&d. Gambling IUD 3 . Fencing UAJV-, 9 . Miscellaneous information: vAj owou, LiLte (+&J Kruo,,,s s." N as A A&A m L1 t-lt e&i f (hJ. _SNE wr-s W Ate A rvM.-F D 1�A&ns Gy n14 G ratis SIA-t S . &t, q rK"J Cis Ad-elFir 10. Local/SO record chec s: L�5� lit Lot YwIL- v � � a� 1 ' tp 1 OOriMN000 .-i 00 0 00 r4 ri I 11'1OONO11'l001r-fOO�000100 1 41 OONrir0 I- 0000 OOIe�-i 000 O 1 4mNNtpNMNt0f, 0O'NXw ,,d, " i ,'Z. Od' sMNdW0 -OD 0 d' d�;d� d' 0a 0 f 1 a 8 ' a� a aka - I H H a H i # I (U U Ln a oa° °a a 1 a1i ^Waa cn 3 i U') a WNxww' a UH •-+ u UU OMU N toCaoNC4 r-42Z. Hr� ZpoHZZtI, ZCIOs>tie� O N NH H = NHd�C9HHtDHerNN t0 - W •• 4r d�M ltl tD Q1 01 n t0 U1 M M W U1 Cn O OCQ0 m m m -1 f� Q110101r- rl ri x110 t1' O r� M X0NNONNr--100r-1 OMM M •''f 4 MM" 0U1d' 0000InU1toInd' d, M i.) 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Nm A of WEAI Typal of&Awmn F md[ dffn y puY+suwt fare bouts of irY+s Ffowlm o / Gam Wliq Adds' O ABC Lbw NIL LAC i o�.;2110 ON SALE O a"SALT O FORM OF r WNM O ws.lem,mr O Nmurms onA Wbsu at pay.n or earpwa eo : RAr&W&ww pmEu ff m s vl Rwrr: fswiw: i plan b run bm*r an I wA be ov d 0 (DM of 00 wkI r.t an fu bars of Wid �so•++�s/►r.._ Nwmo you am had•bubr.Sowmtr Arad.supwabd a matrrmoRod for OW mna? O Ys E[Ir w Yu.04w.qua RAW eONO pow N ftws v/ /\ M wu now or bno you wrr bo.1 sans o d M amp b.ltms a r pavwr or oorporw omr mi Elys , r N 1's OMWWW M Rrsls oa.h.d offlaaa d msWd�srrporotloe RAW od ftwwprs/mwmfp) _ + Pt_EASE READ AND BMW I DECLARE.UNDER tW PENALTY OF PERJURY.THAT YHIE APKXATM HAS SEEN EXAMINED BY ME AND TO THE 03T Of 19Y—KNOWLEM AND' 0 OOMPLETE TE F 1 RSTAND F FiG1 OF ANY STATEMENT MAY P&$MT rr THE VON Q��TO11= t:. -- �/_yx��0 -print mem bmnsbpftd by: Oss 1 noomad be Rrrwftd O Doi/ O GRANTED FOR A LJYRED TIME ONLY. TEM?ORARY 'Ooll ... O RMJECT TO CONDMONS Off ATTA04M WCLl11ElEE ^'z G - CHI F OF 06ub.OF THE CITY OF SAN BERNARDINO P+YW d LIVING C _ r C " - BERNARDINO P.O.BOX 1559, SAN BERNARDINO,CALIFORNIA 92401 0 O'IV OED IN Jl�, TH E tO POLICE DEPARTMENT BENJAMIN GONZAL CHIEF OF POLICE June 11 , 1982 Lo Tsai Liao , Owner Desert Inn Motel 607 W. Sth 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 talk with ou Very truly yours, ` N BENJAMIN GONZALES, CHIEF OF POLICE 9 zol..<- �_ PAUL BONANNO, CAPTAIN Investigations Division �� PLEASE ADDRESS ALL CORRESPONDENCE TO CHIEF OF POLICE CITY OF SAN SERNARDINO - MEMORANDUM To CAPTAIN P. BONANNO From VICE-NARCOTICS Subject NOTIFICATION OF MOTEL MANAGERS Date Approved Date The attached letter was delivered to L iA - of the D6s _r on 6-11-60 at approximately hours. 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