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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Wayne Harp, Assistant Chief of Police Subject:
Police
Notice of Appeal - Dine & Dance/Live
Entertainment Permit for the Marquis
Cocktail Lounge, 1036 W. Highland
Avenue, San Bernardino
Dept:
Date: March 11, 1997
Synopsis of Previous Council action:
None.
ADMiN. UFHCr;'
il ii"crt 97 .2.J 50
.
Recommended motion:
That the hearing be closed and that the decision of the Chief of Police
be upheld.
/
4>L
Contact person: Sqt. Mi tch K imba 11
Staff Report
Supporting data attached: Notice of Apoeal
Phone:
384-5742
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No,)
(Acct. Description)
Finance:
Previously
&r~~? #P~
./l/7
Ci/N ),7
Council Notes:
75-0262
.
. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
On November 19, 1996, Dennis M. Hassett applied for a dine and
dance live entertainment permit for the Marquis Cocktail Lounge
located at 1036 W. Highland Avenue, San Bernardino. This matter
was investigated by the Police Department.
On January 8, 1997, Chief of Police Lee Dean recommended that the
Mayor and Common Council deny Mr. Hassett's application. The
denial was based upon an investigation which revealed that the
location of the business is not suitable for the type of operation
proposed and would pose a nuisance to the neighborhood which would
disrupt the peace and solitude of a residential area.
On January 17, 1997, Mr. Hassett filed a City of San Bernardino
Notice of Appeal with the City Clerk's Office. This document was
inadvertently forwarded to the Police Department for an appeal
hearing before the Police Commission.
Mr. Hassett appeared before the Police Commission on February 10,
1997. A hearing was scheduled for March 10, 1997. Immediately
prior to that hearing, it was discovered that appeals of this
nature, per Municipal Code 5.12.130 must be made to the Common
Council. Thus, the attached staff report, originally prepared for
Police Commission review, is being forwarded to the City Council
for an appeal hearing.
There are five residences located north of the Marquis Bar, all
within 200 feet of the rear of the bar. There is a rear door to
the bar that is commonly used to enter and exit the premises.
Parking for the bar is located on the east side and to the rear of
the business.
Police personnel attempted to contact the occupants of these homes
on two separate occasions, successfully contacting three of the
five. Two of the occupants opposed the live entertainment outright
and the third was not opposed at the time of contact, but might
change her mind if the business becomes "rowdy". All three of
these homes are located directly north of the business and adjacent
to the business' rear parking lot.
A Calls for Service run on the business from January 1, 1996
through December 31, 1996, revealed 19 calls for police service.
Eight of these were for burglary alarm calls, four were for stolen
vehicle reports, two were for disturbances of the peace, two were
for drunk in public arrests, two were for suspicious subjects or
vehicles and one was for a traffic accident report.
During the first two months of 1997, we have already had six calls
for service at the business and if this trend continues, we will
75-0264
certainly see more calls for service this year than we had last
year. Live entertainment at this business certainly won't decrease
this likelihood.
Based on our contacts with those residence occupants directly
adjacent to the Marquis and its parking lot coupled with an
apparent increase in calls for police response within the first two
months of this year, the business known as the Marquis is not
suitable for the type of operation proposed. It is believed that
live entertainment will pose a nuisance to the neighborhood and
disrupt the peace of the nearby residential area.
Attachment
Notice of Appeal - Marquis Lounge, filed by Dennis M. Hassett
(
eDt~
-:II' J. ~\~
.
.
-,
Date Submitted:
JI.I /q fiLl
Please return this memo to the City Clerk's Office as soon as
possible.
Ylaaid ~
RACHEL CLARK - CITY CLERK
By: JANE SNEDDON
DEPUTY
Application of:
DENNIS M. HASSETT (THE MARQUIS
1036 W. HIGHLAND AVE
SAN BERNARDINO, CA. 92405
COCKTAIL LOUNGE)
To the Honorable Mayor and Common Council:
I,
LEE D~AA/
, Chief of Police of the
City of San Bernardino, have heretofore made a thorough
investigation.
I hereby recommend that your honorable body
P&+,y
(J -t/deny)
said application.
/,1
! -~-97
Date i~aB~~~/denied
in= f)1;..N //7
Chief of polic 0 the
city of San Bernardino
The above foregoing application was
(qranted/denied)
by the city Council on the
day of
CITY OW'AN BERNARDINO
APPLICATION FOR BUSINESS LICENSE
CCHECK ONE:)
~ D;ne and Dance
O. Massage Pador
o Games/Amusement
~ Live Entertain
o Poolroom
o Other
o Parade Permit (Location)
0 Theater
0 Armored Car
0 Guard Service
0 Oet. Agency
0 Private Patrol
0 Solicitation
0 City Mall
0 Burglar Alarm
0 Police App.
0 Police Reserve
0 Security Guard
GENERAL INFORMATION (Type or print in ink)
City
,>to
Occupation
F
Address
>
Are You 8 U.s. Citizen?
~ Yes 0
Color of Hair
Have You Ever Been Found Guilty Or Plead Guilty To Any Crime?
~o
.
OR PERMIT
4iE0I!W~Q>l{Jff'( CLER
o School Employee
Ll16TaMJ.9 Al1
o Ambulance Driver
o Valley College
o Massage Tech.
o Weapon Permit
(FACE PAGEl
Phone
'2f6?~?t:t
Zip
9.
>
st.t;L
OFFICE USE ONLY
POLICE DEPARTMENT
Date
1.0. No.
Print/Photo Fee: $
Other Fee: $
Total Fees: $
Receipt No.
By:
CITY HALL
Date Submitted:
o New 0 Renewal
Business Lie. Fee: $
Invest. Fee: $
Total:
$
Receipt No.
By:
Length of Residence in
County t52 '1 "I~AA(" City <;;"~
Nationality
.S,
(if yes please expl.ln - Exclude Minor Traffic Offenses)
Date:
Address &t{pt.-S?::'
, ...,.
,<::.(# 5"/..
//- 1'7- 9~
Name
Address
Have you ever used another name?
~ No 0 Yes.
If Yes - Please list the names
PLEASE REAO AND SIGN:
I CERTIFY THAT ALL STATEMENTS IN THIS APPLICATION ARE TRUE, ACCURATE AND COMPLETE. FALSIFICATION OF ANY STATEMENT MAY
RESULT IN THE CANCELLATION OF THIS APPLICATION
Signa.ur.: * -"- '):?t. #-a/
REFERENCES
(Business License Applicants Only)
R.ri.l"ttW
Years Known
Years Known
.. ,
;
. CITY O.F SAN BERNARDINO .
BUSINESS LICENSE/PERMIT SUPPLEMENT
2. TVpe of Business or Permit
I Plan to start Business on (Oate) A~ I will be operating (Days of the Week) ,2 M 5
Between the hours of 9 iJJ?t. and:l ,4./17. . Manager/Supervisor Name tJM,..~~ 'W ~
Have you ever had a BusineSs License revoked. suspended or cancelled for any reason? 0 Yes ~ No
If ves please explain: IUse additional-pages if necessary)
Are you now or have you ever been engaged in any Business as a Partner or Corporate Owner 0 Yes
If yes please list fjrm/s namels and officers of each corporation. (Use additional PIges if necessary)
j!([ No
Live Entwtainrnent
A liCl"ts Onl :
..
. From
/- crt;.
Landlord
How meny peopte will be engaged
in the Entertainment?
Admission F..
S
Location of the "t
t;. ,
RESIDENCES
\
(,ft)
_" From
- 11
ndlord
w.
E- M]:tf: ;:;7:
,
{Vi!
- )'V;;Z
;. From
landlord
Address
Phone No.
:. From
To
Address
Zip
Landlord
Address
Phone No.
.J. From
To
Address
Zip
Landlord
Address
Phone No.
EMPLOYMENT OR BUSINESS HISTORY (List Employers for the last five years with cumnt at the top)
. From., To _ ~. { Address
6-1-,7 'v"'...... 'tJ~.CV. "Ul
Supervisor
2. From
To
Address
Supervisor
J. From
To
Address
pervisor
l. From
To
Address
Supervisor
3.From
To
Address
Supervisor
certif that the above information i. true and correct. Si eel
nvestlgatecl BY'-?77.
I Recommend this License/Permit be DGranted
Oenied
CITY OF s4 BERNARDINO
eETURN THIS FORM TO:
CITY CLERK, P.O. BOX 1318
300 NORTH "0" STREET
SAN BERNARDINO, CALIFORNIA 92402
APPLICATION FOR BUSINESS PERMIT
~,J;JI
aD~( 'J~
TELEPHONE: (714) 383-5302
OR 383-5035
RECEIVED-CITY CLER~
ACCOUNT NO.
NEW
RENEWAL
115
t()V 19
OFFICE USE ONt V
CITY HALL
PERSONAL INFORMATION (Type or print in ink)
Oatesubrnitted:
City
Business Lie. Fee: $
~
State
'd.s-hJ3!!> 'i..
~c~c:r~~3 7 ~
QlYtl2"t~
o New 0 Renewal
Invest. Fee $
Ase You I U.S. Citizen?
Jl;t.Ves 0 No
Total: $
DYes (lfye,pl6t1tJ8expIBin. ExcludeminortrsfficofftmSl/ll)
Receipt No.
Have you ever used IInother name?
No 0 Yes
If yes Please list the names
By:
PRIOR RESIDENCE ADDRESS
POLICE DEPARTMENT
i'P'.
Date
I.D. No.
By:
EMPLOYMENT OR BUSINESS HISTORY (Last two employers)
1. From
To
Name of Business
Address
Phone
Supervisor
!,-1-77
/I/OW
7Jk:-
2. From
To
Name of Business
;,~
Address
Supervisor
,)-
-)
II-:3b-7b Ittw
,'"N'
BUSINESS INFORMATION
:m..'1.
Type of Business Permit
Location of Business (Street Address)
Business Phone No.
Square footage of Business premise:
Mailing Address
~~
~
?'-I:A.
~ ~O
ABC license No.
IZ-
ON SALE It.
OFF SALE 0
FORM OF BUSINESS II Individual 0 Partnership 0
Names and addresses of pa'rtri"ers or corporation officers: (Use additionsl pages if necessary)
Corporation
Phone;
I plan to start business on +~ I will be operating (Days of the week)
Between the hours of S Ph( jllld ~ A..J#1. Manager/Supervisor Name
Have you ever had a business license revoked, suspended or cancelled for any reason? 0 Yes I( No
If yes, please explain (Use additionsl pages if necessary)
Phone:
~
~>~
Are you now or have you ever been engaged in any business as a partner or corporate owner? Iiil Yes 0 No
If yes, please list firm/s name/s and officers of each corporation. (Use additions! psges if necessary)
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 STATEMENT MAY RESULT IN THE DENIAL OF AN OPERATOR'S PERMIT.
,/2 ~ ~,$-~/
Signature
111.
~
Print Name
/f~n-"t
Date
fJlLA.rJvi.' 5
Investigated by:
Date
I recommend this license/permit be 0 Granted
Denied
o GRANTED FOR A LIMITED TIME ONLY, TEMPORARY
o SUBJECT TO CONDITIONS ON ATTACHED DOCUMENT
Page
of
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\:CEIPT
I
\
No. 69 4 4 4 8
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"-.", ,I! -,. ~.
~':..;:':' t~.~;:t;.~ ~.;, ..1:~
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19:0..-
ACCOUNT NO. AMOUNT
The Sum of
For ~.~"':i'1': \
-...
_.>>-
...
3 8U:R if
~
...
..
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-.
!
'I S Dollars ~ 11
'\\\ c..- (\.C: .
Cents
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By
O,STRIBUTION, Whll. _ Custom." Can... _ Ca.hl." P,nk - o.oa,tm.nt; Go'.. o. - .pt. Num.'" Con"O'
.....
1"0
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TOTAL
'I'
c
Department
'.~',;"
. .
----------------------------------------- ~C>Ft C>f1F1IC:1! lJSI! C>~1( ------- ___________________
Departments Receiving Date/Time Stamp:
opies: ~ - r.;-~
' ..tvEIVED-C/T'( ClE~tt
W JM 17 P2:43
Payment Information:
Date of Distribution: \ \ \, \C\.'l
Last lJpdated: 3/26/96 ~
Account 001-000-4303
CITY OF S~ BERNARDINO - NOTICE OF APPEAL
IMPC>FtT ANT INFC>RMATIC>N: Pursuant to C:ouncil Action, all Mayor and C:ommon Council
appeals must be filed in the C:ity C:lerk's ()ffice accompanied by the appropriate fee.
C:omnlete Alllnfonnation
Appellant Name
& Address:
~4~t!rI//S im_uv6-C
/036 k/. lIt,r4LQ-.vtl At/~ S";( C-/f. o/;:(.<./os-
C:ontact Person
& Address:
AI€A~"'~/l' ~. ~j'f~rr
/(73.6 k/. /I'5.1Lt##f/tI' Av,; r'" ~". "7..2fo,r
C:ontact Person Phone
Number: Dayt'''".,) a Y;l ~ ".1 "1..2
I!vening: SA,."
Affected Property
Address & APN # /0.r6 w. ;{,j,,&.,n/ ..Iv,,;.
AJJN P I~Jl-..2~/- Ib
TVl)e of A~ - nv.,,1r C>ne:
Appeal to the Mayor & Common Council:
(*Adjusted Annually)
_ Planni'1g C:ommission ($122.00 *)
_ Building Abatement ($75.00)
Weed Abatement ($75.00)
Vehicle Abatement ($75.00)
Appeals to Other Legislative Bodies:
_ Board of Building C:ommk~ioners (No <:barge)
:;;J... Police Commission (No C:harge) ,
_ Access Appeals Board (No c:harge)
_ C>ther/Explain: (No Cbarlle)
(continue nen pap)
..... "
A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION (SBMC 2.64):
1. The specific action appealed. and date of that action: ON /.:1-11- 9 If. ~1r17
~OAIC~ ~o~~~r~~~
.
dp~/Idr.f ~
.Jp,.."., Ir
.
/~~~1'I4~4.A:/c1Pd ~e7 mAV"(f'U/t" Ll"'Jn....fJ'e 6.0
~
;:0'/ LII/, .p;lj"","2Z<h4/"y,A/77 dvp = z;-Ir~
/~t/hJr:~"'ur.:y m/ :oft:? ~t/f~~f" ~o A /Pfldp.vz;7QL /lI.t17~''''/h''t7d.
2. The specific grounds of appeal: U/e Atlt/t, Cdl&reU.~""d .Rv",::v ,dI~"".,kb"/'
/..-0 zktZ .4"'''<2. A~ ./<?cO'/'of?d' <::Z. .,<~&c...,.. o,c ~h,.,...t! ~A/"'./ II"
a."'.#7 b (fN A-zr~d,<f)
A ../Larr Afq,~ e?J~ z;-/f, .0411'''4... &v/z7r
Aa'rUt"r"~r ~-v" </,fZl:l.cK'-:r ,if e:r.&"" /AYCC ",./.rcr.
3. The actions(s) sought from the legislative body: ~"d/eu ,,~~/fq ..L'VV'
/AO'r........ Tz:UA:/~"",,",:Z::-
kM;r
~
"c/'nAo1 r7ti? uzy CL../'K5- d/~/Ct7
4. Any additional information:
Signature of Appellant:
&./~y ~"'" ~* ~ Date: /-/7-77
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Enclosure 3
Gustavo 1. Romo
Assistant Planner
City of San Bernardino
Department of Planning and Building Services
300 N "0" Street
San Bernardino, California 92418-0001
(909)384-5057
RE: LETTER OF UNDERSTANDING BETWEEN THE MARQUIS LOUNGE AND
THOSE RESIDENTS WHOSE PROPERTY IS ADJACENT TO SAID BUSINESS.
Dear Mr. Romo:
We the undersigned have been appraised of the. intentions of the owners of the Marquis Lounge
to construct a dance floor/bandstand area on their property. As the residents of the adjacent
properties, we collectively endorse this project and would urge you and your staff to move with
all haste with your approval of this concept.
We have had no problems with the Marquis lounge in the past, and we anticipate no problems in
the future. The Marquis has always been a good neighbor and a bonus to our neighborhood.
Sincerely,
NAME
(PRINTED)
ADDRESS
PHONE
SIGNATURE
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EDWARD NEGRETE
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F. J. CURlIN. W.o.
--
RALPW HERNANDEZ
"'""-
DAVID OBEA"'ElMAN
FourthWi/d
. . San Bernardino
POLICE DEPARTMENT
LEE 0 E A N
CHIEF OF POLICE
VAlERIE POPE-lUOl.AM
Si:rlh WaId
NOR~e WIJ.EA
--
January 6, 1997
Dennis M. Hassett
1036 W. Highland Ave. .
San Bernardino, CA 92405
RE: The Marquis Cocktail Lounge
Dear Mr. Hassett:
San Bernardino Municipal Code 5.12 requires an investigation by the
police department. The Municipal Code prohibits issuance of a
permit if certain facts are found during the investigation process.
On 12-11-96, your application for a dine and dance/live
entertainment permit was denied for the following reason(s) :
The location for which the license is sought is not suitable
for the type of operation proposed, and will pose a nuisance
to the neighborhood or disrupt the peace and solitude of a
residential area.
If you wish to appeal this decision, you may file a written request
with the City Clerk's Office directed to the Police Commission.
This appeal must be filed within fifteen (15) calendar days of
above date.
Sincerely,
l=3 ~;j 17 pci<r
LEE DEAN ~..e ,*; {l", Ii r
Chief of Police
cc: City Clerk's Office
~
POST OFFICE BOX 1559. SAN BERNARDINO.
CALIfORNIA 92401.1559'.0.)'....57..2
CITY OF
. 5 n . ItECEIVED.-C!T'( CLERfl
an uernardlno 'fJ1 FEBt4 .
A9.45
POLICE DEPARTMENT
LEE DEAN
CHIEF OF POLICE
February 11, 1997
Dennis M. Hassett
1036 W. Highland Avenue
San Bernardino, CA 92405
Re: Notice of Appeal - 1036 W. Highland Avenue, S.B. 92405
Dear Mr. Hassett:
Pursuant to San Bernardino Municipal Code Section 5.82.100, the
Police Commission will hold a hearing on Monday, March 10, 1997, at
6:30 p.m. to consider the decision of the Chief of Police to deny
a live entertainment permit for the business located at 3701 North
D Street, San Bernardino, CA. The hearing will be held at San
Bernardino City'Hall, 300 North D Street, San Bernardino, in the
MIC Room.
Please be prepared to present your case at that time. You may want
to consult your attorney pertaining to this matter and have him/her
present at the hearing.
Very truly yours,
~s~k-Cl~3
Consuelo Ramirez, Recording Secretary
San Bernardino Police Commission
cgr
cc: City Attorney
City Clerk
Vice Office/SBPO
POST OFFice BOX 1559. SAN BERNARDINO.
CALIFORNIA 92<401.1559 (.O.)3....S7..a
'1- 7 o~
41. 17
CITY OF
San Bernardino
RACHEL
C L ARK
CITY CLERK
April 9, 1997
Mr. Dennis M. Hassett
Marquis Lounge
1036 West Highland Avenue
San Bernardino, CA 92405
Dear Mr. Hassett:
At the meeting of the Mayor and Common Council held on April 7,
1997, the following action was taken regarding your appeal of the
denial of a dine and dance/live entertainment permit for the
Marquis Lounge located at 1036 West Highland Avenue:
"That the hearing be closed; and that the dine and
dance/live entertainment permit requested by Dennis
Hassett, owner of the Marquis Lounge located at 1036 West
Highland Avenue be approved with the conditions
stipulated in the attached Staff Report dated March 27,
1997, from Wayne Harp, Assistant Chief of Police."
If we can be of further assistance, please do not hesitate to
contact this office.
Sincerely,
tit~lc.t;b,~
Racnel G. Clark
City Clerk
RC:lh
cc: Police Department
P. O. BOX 1318, SAN BERNARDINO. CA 82402
300 NORTH . 0 STREET. SAN BERNARDINO,
CALIFORNIA 92418-0001 (101)38".5002
('01)38".5102 FAX-CIO')3'4-5158
TDD/Trv -('0')384-5540
? -J?-~7
/~
CITY Or
San Bernardino
RACHEL
C L ARK
C I T Y C lEA K
March 18, 1997
Mr. Dennis M. Hassett
Marquis Lounge
1036 West Highland Avenue
San Bernardino, CA 92405
Dear Mr. Hassett:
At the meeting of the Mayor and Common Council held on March 17,
1997, the following action was taken regarding your appeal of the
denial of a dine and dance/live entertainment permit for the
Marquis Lounge located at 1036 West Highland Avenue:
The matter was continued to April 7, 1997.
If we can be of further assistance, please do not hesitate to
contact this office.
Sincerely,
'f{advJ A. ~Ju
Rachel G. Clark
City Clerk
RC:lh
cc: Police Department
P. O. BOX 1318. SAN BERNARDINO. CA 12402
300 NORTH' 0' STREET, SAN BERNARDINO.
CALIFORNIA 92418.0001 (101)384-5002
('01)31".5102 FAX-CIO.)3'''.Sl.1
TOO/TrY -('0')3'4-5540
. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date:
March 27, 1997
O. ~f;.: ::1L
Notice of Appeal - Dine & Dance/Live
Entertainment Permit for the Marquis
Cocktail Lounge, 1036 W. Highland Ave.
San Bernardino.
From:
Wayne Harp, Assistant Chief of Police Subject:
Police
Dept:
Synopsis of Previous Council action:
3/17/97 -- A public hearing was held on March 17, 1997. The matter was continued
to the Council meeting of April 7, 1997.
rlD~'i:ii"J. Ol'l"lC~:;
;:;] f"~_},"', 97 :;: 1?
Recommended motion:
1. That the hearing be closed; and that the decision of the Chief of Police for denial
of the dine and dance/live entertainment permit requested by Dennis Hassett, owner
of the Marquis Lounge located at 1036 W. Highland Avenue be upheld.
OR
2. That the dine and dance/live entertainment permit requested by Dennis Hassett, owner
of the Marquis Lounge located at 1036 W. Highland Avenue be approved with the
conditions stipulated in the attached staff report.
Contact person: Wayne Harp, Asst. Chief of Police
Supporting data attached: Yes - Staff Report
Phone: 384-5603
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.!
(Acct. Description)
Finance:
Council Notes:
75-0262
1f17
Agenda Item No. .
'. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
OVERVIEW:
On November 19, 1996, Dennis M. Hassett applied for a dine and
dance live entertainment permit for the Marquis Cocktail Lounge
located at 1036 W. Highland Ave., City of San Bernardino. This
matter was investigated by the police department.
On January 8, 1997, Chief of Police, Lee Dean, recommended that the
Mayor and Common Council deny Mr. Hassett's application for live
entertainment permit. The denial was based upon an investigation
which revealed that the location of the business is not suitable
for the type of operation proposed and would pose a nuisance to the
neighborhood which would disrupt the peace and solitude of the
nearby residential area.
On January 17, 1997, Mr. Hassett filed a City of San Bernardino
Notice of Appeal with the City Clerk's Office. This document was
inadvertently forwarded to the police department for an appeal
hearing before the Police Commission.
On February 10, 1997, Mr. Hassett appeared before the Police
Commission and another appeal hearing was scheduled for March 10,
1997. Prior to the hearing scheduled for March 10, 1997, it was
discovered that appeals of this nature, per municipal code 5.12.130
must be made to the Common Council. A staff report was prepared
and forwarded to the City Council for the appeal hearing. After
review, the City Council referred the matter back to the police
department for some additional investigation. There is an appeals
hearing scheduled before the City Council on April 7, 1997.
INVESTIGATION:
There are seven residences located north of the Marquis Lounge,
five of which are all within 200' of the rear of the bar. There is
a rear door to the bar that is commonly used to enter and exit the
premises. Parking for the bar is located on the east side of the
business, as well as the rear of the business. The parking stalls
in the rear parking lot are located adjacent to the common wall
which separates the bar parking area and the residences directly to
the north. These two residences are 1031 W. 23rd St., the Rabb
residence, and 1039 W. 23rd St., the Lopez residence.
Additional parking northeast of the business is also located
against the common wall separating the parking area and the
residential yard of 1015 W. 23rd St., the Robinson residence.
75-0264
Marquis Lounge - Staff Report
Page 2
RESIDENTIAL CONTACTS:
Synopsis:
1007 W. 23rd St., the Maroutos residence, do not oppose unless
there are future problems.
1015 W. 23rd St., Robinson residence, do not oppose.
1031 W. 23rd St., Rivera residence, initially opposed, but upon
recontact non committal.
1039 W. 23rd St., Lopez residence, Mr. Lopez unopposed, Mrs. Lopez
opposed due to fears of excessive noise.
1049 W. 23rd St., Para residence, Susanna Para unopposed at this
time, but has concerns about crowds congregating in the parking
lot.
1052 W. 23rd St., Lopez residence, Monica Lopez unopposed.
1042 W. 23rd St., powsland residence, currently unopposed, may be
come opposed if noise becomes a problem.
INVESTIGATIVE CONTACTS:
1049 W. 23rd St.
On 12/17/96, CSR Martha Soto contacted the resident who opposed the
live entertainment permit, feeling that the bar would become to
noisy.
On 01/27/97, Det. R.J. Garcia and CSR Soto recontacted Mrs. Para
who once again stated that she opposed a live entertainment permi~.
On 03/21/97, Det. R.J. Garcia returned to the residence to re-
interview the Para's, however, there was no response at the door.
On 03/25/97, Det. M. Desrochers went to 1049 W. 23rd St., where he
contacted Susanna Para, who stated at that time that she did not
have a problem with the issuance of a live entertainment permit,
but she does not like the crowds that are congregating in the
parking lot, and she felt that this would become a problem if it
continues. As of 03/25/97, Susanna Para said that there had been
no problems with the noise level at the bar.
1039 W. 23rd St.
On 12/17/96, CSR Soto went to the residence where she spoke with a
female occupant who stated that she opposed a live entertainment
Marquis Lounge - Staff Report
Page 3
permit because she has small children and it gets too loud for her
children to sleep.
On 01/27/97, Det. R.J. Garcia and CSR Soto returned to the same
residence to re-interview the occupants, however, no one was home.
On 03/21/97, Det. R.J. Garcia returned to 1039 W. 23rd St., the
Lopez residence, and contacted Mr. Lopez. Mr. Lopez stated that he
had no problem with the live entertainment permit, however, his
wife Mrs. Lopez opposed it due to their small children.
1031 W. 23rd St.
On 12/17/96, CSR Soto went to the address and contacted the
resident. The female occupant of the residence stated that she did
not oppose the live entertainment permit at this time, but may
change her mind if it becomes, "rowdy" in the future.
On 01/27/97, DeL R.J. Garcia and CSR Soto returned to the
residence where they recontacted Rose Rivera, the occupant. Rose
Rivera stated that she opposes the issuance of a live entertainment
permit.
On 03/21/97, Det. R.J. Garcia returned to the residence to
recontact Rose Rivera, however, no one was home.
On 03/25/97, Det. M. Desrochers returned to the residence 1031 W.
23rd St. There he spoke with Rose Rivera who stated that as of
contact at that date, there had been no problems with live music at
the Marquis Lounge and she refused to give any further information.
Det. Desrochers attempted to contact Mr. Gene Rabb, however, Mr.
Rabb refused to get out of bed to speak with him and no statement
was obtained.
1015 W. 23rd St.
On 12/17/96, CSR Soto went to 1015 W. 23rd St., however there was
no one home. She left a letter requesting that the occupants of
the residence contact the police department reference a live
entertainment permit for the Marquis Bar.
On 01/27/97, DeL R. J. Garcia and CSR Soto returned to the
residence, and spoke with the occupant who stated that they had no
opposition to the live entertainment permit.
On 03/21/97, Det. R.J. Garcia returned to the residence 1015 W.
23rd St., and recontacted the Robinsons. He was told at that time,
that they had no problem with the live entertainment permit.
Marquis Lounge - Staff Report
Page 4
1007 W. 23rd St.
On 12/17/96, CSR Soto went to 1007 W. 23rd St., however, there was
no one home at the residence. She left a letter requesting that
the occupants of the residence contact the police department about
a live entertainment permit for the Marquis Bar.
On 01/27/97, Det. R.J. Garcia and CSR Soto returned to 1007 W. 23rd
St., however, no one was home.
On 03/21/97, DeL R.J. Garcia returned to 1007 W. 23rd St.,
however, no one was home.
On 03/25/97, Det. M. Desrochers returned to 1007 W. 23rd St., and
contacted Nick and Penny Maroutos. Mr. Nick Maroutos stated that
he had no problem with the live entertainment permit, however, he
had some concerns if the music becomes loud or if there is an
increase in foot traffic in the parking area near his home. Penny
Maroutos had no comment.
1042 W. 23rd St.
On 12/17/96, CSR Soto went to 1042 W. 23rd St., but received no
response at the door. She left a letter requesting contact with
the police department regarding a live entertainment permit at the
Marquis Bar.
On 01/27/97, Det. R.J. Garcia and CSR Soto returned to the same
home in an effort to contact the occupants, however, no body was
home.
On 03/21/97, Det. R.J. Garcia returned to the home and contacted a
Mr. & Mrs. powsland. Mr. & Mrs. Powsland said that they have had
no problems with the Marquis Lounge in the past, and they did not
oppose live entertainment at this time, however, they may later
should the patrons get noisy or problems arise.
1052 W. 23rd St.
On 12/17/97, CSR Soto went to 1052 W. 23rd St., however, received
no response at the door. She left a letter requesting contact with
the police department regarding a live entertainment permit for the
Marquis Bar.
On 01/27/97, Det. R.J. Garcia and CSR Soto returned to the same
residence where they contacted a Mr. & Mrs. Lopez. Mr. & Mrs.
Lopez indicated that they did not oppose live entertainment at the
Marquis Bar at this time, but they may at a later date if problems
arise.
Marquis Lounge - Staff Report
Page 5
On 03/21/97, Det. R.J. Garcia returned to 1052 W. 23rd St.,
however, there was no response at the Lopez's.
On 03/25/97, Det. M. Desrochers returned to the residence at 1052
W. 23rd St. Mr. & Mrs. Lopez were not home, however, he spoke with
Monica Lopez, their daughter. She stated that to her knowledge her
parents had no problems with the bar and she had not heard them
complain about any excessive noise.
It should be noted that the residences 1049, 1039, and 1031 W. 23rd
St., are all located directed to the rear of the Marquis Bar, and
have common fences that join the parking area. The residences 1015
and 1007 W. 23rd St., are located just northeast of the bar, and
also have parking spaces that adjoin the common wall to their rear
yards. The residences 1042 and 1052 W. 23rd St., are also located
directly north of the Marquis Bar on the north side of 23rd St,
across from 1039 and 1049 W. 23rd.
CALLS FOR SERVICE:
Calls for service run on the business from January 1, 1996, through
December 31, 1996, revealed nineteen calls for police service.
1.
2 .
3.
4.
5 .
False alarm calls
8
Traffic collision reports
(both occurred at Highland and Lincoln)
2
PC 647f arrests
One arrested at the bar.
One arrested in the 1000 block
of W. Highland.
2
Suspicious suspects
(gone upon police arrival)
1
Disturbing the peace - fight
(Hispanic male gang types fighting
in the bar)
1
Distrubing the peace - subjects
(same people in front of the bar,
fighting. Gone upon police arrival)
1
6 .
Grand theft auto
One resolved
One taken from the parking lot
One unfounded - The person left the bar
and reported the theft at the police
station.
3
Marquis Lounge - Staff Report
Page 6
7.
Check vehicle
Resolved - report not in Records.
1
During the first two months of 1997 there had been six calls for
service at the business, and if this trend continues we will
certainly see more calls for service this year than we had last
year. Live entertainment at this business certainly won't decrease
this likelihood.
The following are the calls for service for the Marquis Lounge at
1036 W. Highland Ave., San Bernardino, from 01/01/97 through
02/28/97.
1. 01/19/97, a vehicle burglary report. Case #97-3245.
2. 01/19/97, a call for suspicious circumstances, a call that was
resolved by patrol officers with no report. No further
information available.
3. 01/26/97, a GTA report from the parking lot, Case #97-4470.
4. 01/26/97, a 911 hang up call from the interior of the bar, the
call was subsequently canceled and no unit responded.
5. 02/22/97, a vehicle burglary report, case #97 - 9710, in the
parking area.
6. 02/26/97, a call for suspicious circumstances, a call that was
resolved by patrol officers with no report and no further
information available.
RECOMMENDATION:
Based on our contacts with those occupants directly adjacent to the
Marquis and it's parking lot, as well as those residents located on
the north side of 23rd St., coupled with an apparent increase in
calls for police response within the first two months of this year,
the business known as the Marquis is not suitable for the type of
operation proposed. Those residents that did not immediately
oppose the live entertainment permit did indicate that they would
oppose it in the future should problems arise at the business. It
is believed that live entertainment will pose a nuisance to the
neighborhood and disrupt the peace of the nearby residential area.
Should the City Council grant the live entertainment permit for the
Marquis Bar, it is recommended that the following operating
conditions be imposed.
Marquis Lounge - Staff Report
Page 7
RECOMMENDED CONDITIONS FOR THE MARQUIS LOUNGE - 1036 W. Highland
Ave.
1. The licensee shall be responsible for posting of signs
prohibiting litter and loitering, with management enforcing
this and maintaining the area free of litter and graffiti.
2. Exterior lighting shall be efficiently and properly maintained
to illuminate all areas of the exterior of the building and
property for easy detection of suspicious and criminal
activity.
3.
No alcoholic beverage shall be
adjacent to the licensed premise
licensee.
consumed on any property
under the control of the
4. The sale of alcoholic beverages for consumption off the
premises shall strictly be prohibited.
5. If public telephones are located on the premises they shall be
fixed for outgoing calls only.
6. Entertainment provided shall not be audible beyond the area
under the control of the licensee.
7. Pursuant to Muni Code Section 5.12.150, the Chief of Police
may waive the requirement of having security guards at live
entertainment establishments. This requirement will be waived
but may be implemented by notice from the Chief of Police
should problems require stricter enforcement in the future.
8. No business to be conducted on the premises after 0200 hours.