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HomeMy WebLinkAbout33-Police Department - ~ ~ CITY OF SAN BE~RDINO - REQUESTQOR COUNCIL ACTION . . From: Daniel A. Robbins Subject: Appeal of Decision by police Commission to deny operator's permit - Desert Inn Dept: police Date: 03/09/93 Synopsis of Previous Council action: None Recommended moti.on: The Mayor and Common Council uphold the decision of the Chief of Police and police Commission to deny an operator's permit for Jack and Linda Liao to operate the Desert Inn Motel. A/ fL L"r, C2i'U Ignature Contact person: Lt. D. Snell Phone: 384-5655 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: o Source: Finance: Council Notes: ~'" ft~~" Agenda Item No - ~ . CITY OF SAN BE~RDINO - REQUESTQOR COUNCIL ACTION STAFF REPORT The application of Jack and Linda Liao (aka Wen-Hsuing and Lo Tsai Liao) for a permit to operate the Desert Inn Motel, conforming to San Bernardino Municipal Code 5.82, was recommended for denial by the Chief of Police. A hearing regarding the denial was brought before the Police Commission on November 30, 1992. During the hearing, Jack and Linda Liao were present and represented by Attorney Sing Chang. The Police Department was represented by Frank L. Rhemrev, Deputy City Attorney. The Police Commission, after hearing the testimony and examining the proofs presented, denied the appeal of Jack and Linda Liao and upheld the decision by the Chief of Police. During the hearing, the following findings were presented: 1 _ Mr. and Mrs. Liao obtained the Desert Inn in 1980 and operated it approximately 7 years. 2 - In 1987, the city adopted San Bernardino Municipal Code 5.82, which requires operator's permits. 3 _ All current owners, including the Liaos, were grandfathered an opera- tor's permit. 4 _ On December 8, 1982, Jack and Linda Liao had each plead Nolo Contendere to charges of Penal Code 664/316, which is attempting to keep or keeping a disorderly or assignation house (a plea of Nolo Contendere has the same effect as a guilty plea). 5 - In July 1992, Jack and Linda Liao reacquired the property and applied for an operator's permit. During the interview for the operator's permit by Community Service Representative R. Harps, Mr. Liao twice denied ever being arrested or convicted. 6 _ From August 1984 to February 1988, there were 82 incidents to which the Police Department responded. These incidents included assaults, thefts, robberies, burglaries, drugs, stolen property, and prostitu- tion. All occurred on the business premise of the appellant and were related to the method and manner the appellant operated his business. 7 _ Mr. and Mrs. Liao also own and operate the Seven Crowns Motel in the city of Orange. Mr. and Mrs. Liao I s desk clerk at the Seven Crowns Motel rented a room for one hour to a San Bernardino police officer after being told the room was for prostitution. San Bernardino Municipal Code Chapter 5.92 says an operator's permit will be issued only upon finding that: "The applicant has not been convicted of any felony or crime of moral turpitude or been found in violation of laws or a regulation in a govern- mental quasi-judicial proceeding when the facts underlying such proceeding or conviction show a nexus between the crime or violation and the par- ticular business operations or indicate the lack of qualities essential to protect the public health, safety and welfare in operations under the permit." 75-0264 .. o o "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