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CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Conditional Use Permit (CUP) No. 08-03
(Appeal No. 08-02) - An appeal of the
Planning Commission Denial of CUP No.
08-03, a request to obtain a Type 48
Alcoholic Beverage Control (ABC) license
at I 00 West Hospitality Lane.
Dept: Development Services
Date: July 9, 2008
MCC Date: July 21,2008
Synopsis of Previous Council Action:
June 16, 2008 - Mayor and Council denied a request for a determination of Public Convenience or
Necessity to authorize granting a new Type 48 ABC license at 100 West Hospitality Lane.
Recommended Motion:
That the Mayor and Common Council deny the appeal and uphold the Planning Commission denial
of Conditional Use Permit No. 08-03, a request to obtain a new Type 48 ABC license at 100 West
Hospitality Lane.
fu.wj;;;. 7?HY
Valerie C. Ross
Contact person: Terri Rahhal. City Planner
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s):
3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acc!. No.)
(Acc!. Description)
Finance:
Council Notes:
Agenda Item No. :3 ,
7-'J./-"f?'
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Conditional Use Permit (CUP) No. 08-03 (Appeal No. 08-02) - An appeal of the Planning
Commission Denial of CUP No. 08-03, a request to obtain a Type 48 Alcoholic Beverage Control
(ABC) license at 100 West Hospitality Lane.
APPELLANT:
Manta Management Corp.
c/o Roger Jon Diamond
2115 Main Street
Santa Monica, CA 90405
(310) 399-3259
OWNER:
CMGH LLC
c/o Lawrence Wessel
740 S. Bunting Ct.
Anaheim, CA 92808
(714) 281-2252
BUSINESS:
Flesh Showgirls
100 W. Hospitality Lane
San Bernardino, CA 92408
BACKGROUND:
On June 17, 2008, the Planning Commission denied CUP No. 08-03, an application from Manta
Management Corporation to permit issuance of a new Type 48 Alcoholic Beverage Control.
(ABC) license for the Flesh Club, located at 100 West Hospitality Lane. On June 26, 2008, the
applicant filed an appeal of the Planning Commission decision (Exhibit I).
The previous action of the Mayor and Common Council to find that the Public Convenience or
Necessity (PCN) would not be served by issuance of a Type 48 ABC license at the subject
location (Exhibit 2) negated the ability of the Planning Commission to approve CUP No. 08-03.
A full explanation of the relationship of the PCN determination to the CUP application is
provided in the Planning Commission Staff Report (Exhibit 3). Comment letters from nearby
businesses (Exhibit 4) and a memorandum report by the Police Department (Exhibit 5) were also
considered by the Planning Commission in the decision to deny CUP No. 08-03.
FINANCIAL IMPACT:
None - A filing fee was paid to cover the cost of the appeal.
RECOMMENDATION:
That the Mayor and Common Council deny the appeal and uphold the Planning Commission denial
of Conditional Use Permit No. 08-03, a request to obtain a new Type 48 ABC license at 100 West
Hospitality Lane.
EXHIBITS: I. Appeal Statement
2. PC or N Findings by the Mayor and Council
3. Planning Commission Staff Report
4. Comment Letters
5. Police Dept. Memorandum dated April 22, 2008
..,
08-11-2001 03:41p. Frlll"ClTY OF SAlt BERNARDINO PI.ANIlING DEPT
8013145010
EXHIBIT 1
CITY OF SAN BERNARDINO
Developmenr Services DejHll1llle1lt, Planning Division
300 North "D" SInlet, 3"' Floor
San Bernardino, CA 92418
Phone (909) 384-5057 . Fax (909) 384-5080
Web address: w'NW.sbcity.org
APPUCATIONFORAPPEAL
APPEAL FROM A DECISION OF THE (check one)
IJ Development Services Director
C DevelopmentlEnvironmental. Review Committee
. Planning Commission
Casenumber(s): C",,~,tlC)"""\ U fa P.."...:t WOo 011- 0 l'
Project address: \ 00 wu.t \-\os,',tal;ty La.. 4!
Appellant's name: M d1.... tA tv\ c::l.... Cll",e...r-+
Appellant's address: ('/. R09~'" 1".." Pla""..",,( Z\\S" ~o.." Sheet. rANT" /Io'IONICA
r'1pellant's phone: (3/0) 1't ct j 1. 5"''L- c..\: forti'. q 0 -4 0 ~
~pel1ant's C'-mail address: 00 "'lOT u-fE e-....o\\ ROGO IAMo,..,d @ A 0 L. (0 "1
Contact pets01I's name: R 0 ~ff :r 0.... 0 i a.... 0 ft J7 (.::d" -\0 r ..."Cst -C.,... WII\.t%'^ +... "'" J=t>
Contact person's address: '2 \\5 ~ca,.... .!'hClt+, ~ANTA 1\11.0 Ivlc'A. r..ll qc -40 r
Contact person's phone: Gr'D) .1qct J'l S"'t
Contact person's e-mail address:
Pursuant to Section 19.52.1 00 of the Development Code, an appeal must be tiled on a City application form
within IS days following the final date of action, accompanied by the appropriate appeal filing fee.
Appeals are normally scheduled for a determination by the PI8IIDing Commission or Mayor and Common
CQuncil within 30 days of the tiling date of the appeal. You will be notiJied, in writing. of the specific date and
time of the appeal hearing.
OFFICE USE ONLY
Qapp~~:
Received by:
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08-11-2008 03:4h. FrarClTY OF SAIl BeRNARDINO PlAllNING DEPT
8083841080
T-l11 P.OOIIOOI F-28T
~QUIRED INFORMATION FOR AN APPEAL
'Specific action being appealed and the date of that action:
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Signatureofappllllant:~ .:r6\... {J,_,..ct!
A\~(HM" ~V'. t~ppf)\~"t
Date: ~(.,.rVl la, 'l. ~
11/001
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EXHIBIT 2
OmCE OF THE CITY CLERK:
RACHEL G. CLARK . CITY ClDK
300 N arth "0" Street. San Bernardino' CA 92418-0001
909.3l14.S002' Fax: 909.384.S1S8
www.sbcily.arg
..
June 17,2008
Mr. Ward Welty, Vice President
Manta Management Corporation
.. P.O. Box 1674
Upland, CA 91785-1674
Dear Mr. Welty:
At their meeting of June 16,2008, the Mayor and Common Council made a determination
that the public convenience or necessity would not be served by granting a new ABC license
at 100 W. Hospitality Lane, based on the documents and testimony presented to the Mayor
and Council and the following findings:
1) Hospitality Lane is primarily a restaurant row and caters to families. Restaurants
serve alcoholic beverages incidental to food. Public convenience or necessity would
be served for restaurants to be issued additional ABC licenses (Type 47) in this
census tract; and
2) Additional liquor only (Type 48) licenses do not serve a public convenience or
necessity in this census tract. They cause more nuisance activity and generate more
public safety calls for service. It would be detrimental to allow these type of
establishments to mix in with the restaurants in this area.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
ck4t ..~, Ct~,-JL
Rachel G. Clark
City Clerk
RGC:lls
pc: Development Services
CMGH LLC, clo Lawrence Wessel, 740 S. Bunting Court, Anaheim, CA 92808
Cm OF SAN BEIlNARDtNO
ADOPTF.D SHARF.D VA.'.(1F_~! fnfp:arirv. Arrnnntllhilihl . Dpl:npf't fnr Ul1rn",n ninnitu. u.............
EXHIBIT 3
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CITY OF SAN BERNARDINO
Development Services Department - Planning Division
Interoffice Memorandum
FROM:
Planni~iOn
.7.'1
Terri Rahhal, Deputy Director/City Planner
TO:
SUBJECT:
CUP No. 08-03: Flesh Club Request for Type 48 ABC License
Staft'Report for June 17,2008 Agenda Item 5
DATE:
June 12, 2008
COPlES:
Valerie C. Ross, Director; Henry Empei\o, Senior Deputy City Attorney
Item 5 on the June 17,2008 Planning Commission agenda is a request for a Conditional
Use Permit (CUP), as required for issuance of a Type 48 Alcoholic Beverage Control
(ABC) license for the Flesh Club, located at 100 W. Hospitality Lane. A Type 48 ABC
license would authorize the sale of beer, wine and distilled spirits for on-site
consumption. The applicant is Manta Management Corporation.
o
Due to an over-c:oncentration of existing ABC licenses in the area surrounding the Flesh
Club, a determination by the Mayor and Council that the public convenience or necessity
(pCN) would be served by granting the license would be required in order for the ABC
Department to grant the license as requested. The Mayor and Council will consider this
PCN determination request on June 16,2008, and staff has recommended against such a
determination. (See the attached Request for Council Action for details.)
Approval of both the CUP and a PCN determination are required for a Type 48 license to
be issued by ABC. If the Council does not make a PCN determination, then CUP No. 08-
03 could not be approved. Ordinarily, staff would present the CUP to the Planning
Commission first and forward the Planning Commission action and recommendation to
the Mayor and Council to consider with the PCN request. In this case, the timeframe
required for action on the PCN request necessitated scheduling the PCN determination
for the Council meeting on June 16,2008.
o
Section 19.36.050 of the Development Code sets forth seven fmdings of fact required for
approval of a Conditional Use Permit. The Planning Commission has authority to
approve a CUP only if all seven of the required findings are made. Therefore, anyone of
the findings made in the negative would compel denial of the CUP. Based partly on the
analysis in the attached Request for Council Action and partly on the concerns of
surrounding property owners and tenants that staff expects to be presented at the Planning
Commission meeting, staff submits the following fmdings of fact as recommended
conclusions and the basis for denial of Conditional Use Permit No. 08-03:
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CUP No. 08-03: Flesh Club Type 48 ABC License Request
6/11108 Memo to Planning Commission Page 2 of2
Findings of Fact:
1. The proposed use, although conditionally permitted in the CR-3, Commercial
Regional - Tri City/Club land use district, would impair the integrity and
character of the subject land use district by creating nuisances for neighboring
businesses. Furthennore, the proposed use would not comply with all applicable
provisions of the Development Code. Specifically, Section 19.02.030 of the
Development Code establishes the authority of the Development Code pursuant to
all applicable State and Local Requirements. Absent a detennination of public
convenience or necessity (PCN) pursuant to the State Business and Professions
Code Section 23958.4, Business and Professions Code Section 23958 prohibits
issuance of a license by the Department of Alcoholic Beverage Control, as
follows: "...The department shall deny an application for a license or a transfer
of a license if issuance of that license would tend to create a law enforcement
problem, or if issuance would result in or add to an undue concentration of
licenses, except as provided in Section 2358.4. "
2. The proposed use would not be consistent with the General Plan, as it would
conflict with Policy 2.2.10: "The protection of the quality of lift shalf take
precedence during the review of new projects. Accordingly, the City shall utilize
its discretion to deny or require mitigation of projects that result in impacts that
outweigh benefits to the public. "
3. The operating characteristics of the proposed use are not compatible with the
existing and future land uses within the general area in which the proposed use is
to be located and the proposed use will create significant noise, traffic or other
conditions or situations that may be objectionable or detrimental to other
permitted uses in the vicinity, or adverse to the public interest, health, safety,
convenience, or welfare of the City. Adding alcoholic beverage service to the
establishment requesting the ABC license would exacerbate existing nuisances
noted by surrounding businesses, including disorderly behavior and excessive
litter.
Recommendation: Staff recommends that the Planning Commission consider this staff
report, together with testimony from the applicant and members of the public that may
attend the Planning Commission hearing, as well as the attached Request for Council
Action, and that the Planning Commission deny Conditional Use Pennit No. 08-03.
Recommended Motion: That the hearing be closed and that the Planning Commission
deny Conditional Use Permit No. 08-03 based on the Findings of Fact presented in the
June 12,2008 staffreport memo.
Attachment: Request for Council Action for Flesh Club PCN Request
MCC Date: June 16,2008
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CITY OF SAN QERNARDINO-REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Request for a determination of Public
Convenience or Necessity (PCN) to
authorize issuance of a Type 48 Alcoholic
Beverage Control (ABC) license at 100
West Hospitality Lane.
Dept: Development Services
Date: June 5, 2008
MCC Date: June 16.2008
Synopsis or Previous Council Action:
None
Recommended Motion:
That the Mayor and Common Council determine that the public convenience or necessity would not.
be served by granting a new ABC license at 100 West Hospitality Lane.
~t.RHY
Valerie C. Ross
Contad penon: Terri RahhaI. City Planner
Phone: 384-5057
Supporting data attaehed: Staff Reoort
FUNDING REQUIREMENTS: Amount: N/A
Ward(s):
3
Source: (Acct. No.)
(Acet. Descriotion)
Finance:
Council Notes:
Agenda Item No. ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Request for a determination of Public Convenience or Necessity (PCN) to authorize issuance of a
Type 48 Alcoholic Beverage Control (ABC) license at 100 West Hospitality Lane. (Exhibit I)
APPLICANT:
OWNER:
BUSINESS:
Ward Welty, Vice President
Manta Management Corporation
POBox 1674
Upland, CA 91785-1674
(909) 985-4935
BACKGROUND:
CMGH LLC
clo Lawrence Wessel
740 S. Bunting Ct.
Anaheim, CA 92808
(714) 281-2252
Flesh Showgirls
100 W. Hospitality Lane
San Bernardino, CA 92408
On October 30, 2007, the Flesh Club adult cabaret was closed by a court order for a period of
eight months, ending July 15,2008. The court permanently enjoined the operators of the Flesh
Club from allowing lewd conduct on the site, and the court ordered the removal of all curtains,
booths and enclosures that would prevent areas inside the building from being open and visible.
Prior to the closure, the Flesh Club had operated as an adult cabaret with full nudity and no
alcoholic beverage service.
On January 25, 2008, Manta Management Corporation applied to ABC for a Type 48 ABC
license (Exhibit 2), which would authorize the sale of beer, wine and distilled spirits for
consumption on the premises of the Flesh Club. The operational plan indicated on the application
was a cocktail lounge with "bikini/topless/exotic" entertainment. ABC issued a notice of the
license application to the City on March 19, 2008.
On January 11, 2008, Manta Management Corporation applied to the City for a Conditional Use
Permit (CUP) for issuance of a Type 48 ABC license, as required by Section 19.06.030 (2) (B) of
the Development Code. The application was accompanied by a written determination from ABC
that the area surrounding the Flesh Club is over-concentrated with existing ABC licenses
(Exhibit 3). Initially, the CUP application was deemed incomplete, based on submittal of the
floor plans prepared for the Rocket Theater in 1996. Staff requested a current floor plan, or
certification from the architect that the 1996 plans accurately depict the existing layout. Upon
receipt of confirmation from Robert K. Laird, the architect who drew the 1996 plans that the
floor plan is accurate, staff deemed the CUP application to be complete on March 25, 2008.
On June 2, 2008, the City received a letter from Stephen Allen Jamieson, of the Law Offices of
Solomon, Saltsman & Jamieson, to request on behalf of Manta Management a determination that
issuance of the proposed ABC license would serve the public convenience or necessity, pursuant
to Sections 23958 and 23958.4 of the Business and Professions Code (Exhibit 1).
o ANAL YSIS:
Section 23958 of the Business and Professions Code states that the California Department of
Alcoholic Beverage Control (ABC) shall deny an ABC license application if issuance of that
license would tend to create a law enforcement problem, or if issuance would result in or add to
an undue concentration of licenses. An exception to this requirement is provided in the event that
the local agency determines that public convenience or necessity (PCN) would be served by
issuance of the license. The local agency has 90 days from the date of notification of the ABC
license application to make a determination. If no PCN determination is made in a timely manner
by the local agency, then ABC may determine whether or not the public convenience or necessity
is served, pursuant to Section 23958.4 (b) (2).
"Undue concentration", also commonly referred to as over-concentration, is defined by ABC as a
census tract where the ratio of ABC licenses to population exceeds the county-wide ratio. The
Flesh Club is located in Census Tract 0060, an area bounded roughly by Mill Street to the north,
Redlands Blvd. to the south, Waterman Avenue to the east and Inland Center Drive to the west.
As determined by ABC on Exhibit 2, a total of two (2) ABC licenses within this census tract
would be consistent with the countywide concentration, and there are 25 existing licenses for on-
site consumption within the area. A current listing printed from the ABC web site is attached as
Exhibit 4. This list indicates 27 licenses, including two special event/catering licenses at the
National Orange Show
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Staff would submit that the public is already well-served with many convenient locations for on-
site consumption of alcohol within Census Tract 0060, and that the public convenience or
necessity does not demand another location in this area. Therefore, staff recommends against
granting the request for a PCN determination.
FINANCIAL IMPACT:
No financial impact is directly related to the PCN determination. The law enforcement costs
associated with an overconcentration of ABC licenses is undetermined.
RECOMMENDATION:
That the Mayor and Common Council determine that the public convenience or necessity would not
be served by granting a new ABC license at 100 West Hospitality Lane.
EXHIBITS: I. Request for PCN Determination
2. ABC license application materials
3. ABC certification of overconcentration in Census Tract 0060
4. List of ABC licenses in Census Tract 0060
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CilJ Couaail of SID BelurdIno
.... 2 .,,2
J_ 2, 2001
10ClIIiGD ...w serve public COD"..m-~e or necessit)". 3ft Dbo Sqath v n.", Q( ,I/f!LlIIQ/ie
""- y- CmrtrtJ. 110 CA 3d 93 (1910).
n.nt yoa Car your time IIId ....d( llI&G, a.ad JlIeIII falIlrIe lD COJIIICl me wllb UI)'
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Cc: CIia
TIm a.t. ABC ~AdmiaIIlnlIDr
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Dcpartment of Alcoholic Beverage Control
APPLICA nON FOR ALCOHOLIC BEVERAGE LlCENSE(S)
O"BC 211 C6J'I9)
TO: Department of Alcoholic Beverage Control
3737 Mam SI.
Sle. 900
Riverside, CA 92501
(95 I )782-4400
DISTRICT SERVING LOCA nON: RlVER."IDE
Slale of Calif'lfn,a
File Number: 465171
Receipl Number: 1656% 18
Geo,raphical Code: 3610
Copies Mailed Dale: March 19, %008
Issued Dale:
EXHIBIT 2
~
First Owner:
Name of Business:
MANTA MANAGEMENT CORPORA nON
FLESH SHOWGIRlS
100 W HOSPITALITY LN
SAN BERNARDINO, CA 92418-3308
SAN BERNARDINO
Ye.
Census Tract 0060.
Location of Business:
County:
Is premise inside city limits?
Mailin, Address:
(If different from
premises address)
Type of IicenseCs): 48
Transferor's license/name:
PO BOX 1674
UPLAND, CA 91785-1674
%26949 / SPLIT ROCK INC Droppin, Partner:
Yes_
~
No_
ocense 1'ype Transaction Tvne Fee Tvoe
ON-SALE OI!NERAL I PERSON TO PERSON TRANSF P40
4S ON-SALEOI!NERALI ANNUALFBB P40
48 ON-SALE OI!NERAL J PREMISE TO PREMISE TRANS P40
48 ON-SALE OI!Nl!RALI IXCHANClI!LlClNSI P40
48 ON-SALE OI!NERAL I STAn! P1NOllRPRJNTS NA
48 ON-SALE OI!NERAL I P/lOI!RAL I'INOIRPIlIHTS NA
Ma.grer I2W1 .D&a
y 0 03/1 9/08
Y 0 03/19/08
Y 0 03/ J 9/08
Y 0 03/19/08
N 2 03/19/08
N 2 03/1 9108
Total
fa
SI.2.50.00
S7.58.00
SIOO.OO
SIOO.OO
S78.OO
148.00
S2,334.oo
Have you ever been convicted of a felony? No
Have you ever violated any provisions of the Alcoholic Bevera,e Control Act, or regulations of the
Department pertain/n, 10 Ihe ACI? No
EJlpl.ia .:any "Va- .n..., 10 IIN .bo". qwnliGal oa ... .uKhmenI whkh sball be deemed pin oIlhi. appllc'lloa.
Applicant a,rees (a) that any manager employed in an on-sale licensed premise will have all the
.qualifications of a licensee, snd (b) that he will not violate or cause or permit to be violaled any of Ihe
provisions of the Alcoholic Bevera,e Control Act.
STATE OF CALIFORNIA County of SAN BERNARDINO Dale: March 19,2008
Under pcnall) or pcrjul'J'. clCh pcnOlt whoM si,IlMUIe .ppe.ra below. cenin'l aDd .)'S: (I) H. il III ilpplic.nl. or one of lhe .pplic.nll. or ita
C'lCcutive office, of lhe IIppliclftl CorponIll.. Milled io the rOreloiftl applic.Uoa. duly authorized 10 maicc Ihis application 011 il' behalf; (2) Ihal
he has read 1M roreJOln, and knows the conlrlls .hereor and thai uch or the IIbov. lIal.me...s lherein made Ire lrue; OJ Ihal no person other
Iium ehe iCppliclIDI Of "pplicanls hIS liD)' direCl or indirect inlcrell in the IIppUcaDI or oiIppliclnr's businru to be conducted under Ihe lic.a.efl) (or
which Ihis appliCllion i. made; (4) Ihll the lralllf., .ppllclliOl or proposed Irlnder is ItOI mad. 10 salisl)' the JRymal 0( a loan 01 10 fumn .n
a"eemenl enlered into mote .han lIind, '90) days precedi". tbe 0' on which .he lramler applkllitJII is rued wdh th. Departmen' or to ,.in 01'
eSIOlblish iI prerereDce 10 0' for liD)' creditor or If'illnsreror or 10 defnud or injure aDy credilor 01 Iransreror; U) Ihal lhe Irans(.r ilpplicillion may
he wilhdrllwa b)' eilh.r lhe lIpplicaal or Ihe licensee wilh no resullia. Ii.bilil)' 10 lbe Oepanmenl.
Applicant Signature(s)
~/icant Name(s)
UTA MANAGEMENT CORPORATION
<;~~ 211
Sign.h.... PlIg...
~ ZH~I Z.(l,S(~1 ~Z.1
n"'~':""-'~""'.._
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APPLICATION SIGNATURE SHEET ("SIGN ON"
. Thill iInn Ia III be llMlI .Ihe ......... ~ fat .. -"'-IC:O-IMl
epp/icetlOnl not .Igned In Ihe Clltrtcl otlIce.
. R...'n,',uctlon. on ,..,.". 11.'0.. co",pl.tln..
. All ....... ",.,., lie no""'" '" HCOIIIInco wItII
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Oep8ttmont III AIcoIIollc BoY.,. ConllOl
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B Sole Ownc:r
Pannenhip
o Husblnd &: Wife
o PIIUIel1bip-Ltd
4. W_.cTIONTYN
I 0 ~ 1ZI p- to PetIOJ1 Tl'IIISfer
1ZI ... 1ZI Pramiae to PraniIe Tnmsfer
o Olbcr
0CotpOrltion
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Other . "J mptDy
4UJ? 2-'7/
L~II_"'''''_
MANTA MANAOEMmn' CORPORATION
146
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(It no. compIote Item 112 below)
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PL~ OPERIIlION (RET~
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100 1V HllII'IrAU1'Y LN, IAN IDNdJJINO. CA Dtll
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AIIO-tI1' (AEII&JlSE) ('2m)
JAN 25 lOOB
AIcohofrc Beverage COntrol
Riw"'l/tfll
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CITl OF SAN BER1VARDI.\"O
Del'elopmell1 SeTl';ces Departmell1, Plannil,g DiI';s;O/l
300 'onh "0" Srrett. J'" F;"\'!l
San B~mardlOO, C A '12.:'
Phon~ 19oq, JS.j.5i)5~ . .
W.b addr, EXHIBIT 3
..\LCOHOL BE\'ER-\GE SALES SL'PPLE:\IE~TAL APPlIC..\ TIO~
DIRECTIO:\'S TO APPLlCA~T
This Ii:>nn must accompany your City application /Conditional Lse Permit or Development Permit) for sales
uf Alcoholic Be\erages, Fill in your name and the premises address (location) for which you are makins
appllc;ltion to sell alcohol. Take this form to:
Department of Alcoholic Be\ er..lge Control
RI\erside District Omce
3:'37 .\1ain Street. Suite 900
Riverside, CA 9~501
l)t)l). 782-44UU
SECTIO:\ 10 BE COMPLETED BY APPLJCAJ.~T (pnnted)
.\ppIICilnt'S name:
O"'JdrCSS of premises:
Manta Management
100 w.e~~__H_o8p1tal1ty ,L,an_s.,
San Bernardino, CA 92407
SECTIO~ TO BE COMPLETED BY ABC REPRESE~TATI\'E
The purpose of this form is to assist the City of San Bernardino Police Department in their investigation by
pro\ idin!: some preliminary information and the Planning Di\ ision in determining \\hether the applicant \\ill
need a Finding of Public COJ1\'enience or !'\ecessity /PCN) from the City Council, Your assistance in
\:ompktingthis form is appreciated,
Tllis section to be completed by the rc\ iewing ABC Representative
Type or L,,;ense (circle one): 21)
~I
40
42
4~
59
61
Other:
Ce:1SLIS Tract: f~'f':'" ;;~{'-
'1umber.of Licenses Allowed: LJ
:-'-umber of Existing Licenses:
Jl5
Bas...d on the above. the premises CJ are CJ are nOI In an area which has an 0\ erconcentralion of
O. . Jh:.)hofi~ bc:\~rJgt: :ic~lisr:s oftht: t~.pt: suught.
nm: OPAU'OROllC 1EVll6Cil:W<<J1Q,
Si ~nat,In; tl;' ABC R~pr.:s~nratl\~: mHL\(!\/ ST~STE. 9llO Dale:
- .-.---- RI\EJbW.~l:A lJ~1 --- -----
California ABC - License Query Sv~tem - LJata I'ortal
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EXHIBIT 4
California Department of Alcoholic Beverage
Control
For the County of SAN BERNARDINO - (On-Sale
L1cen.e.)
and Cen.u. Tract. 0060
Report as of 3/24/2008
...llIng Geo
Addrnl
10 EL CAMINO
EAl STE 201
OS At TOS. CA
22-1002
1411981
780 FLEET ST
SBAD. CA
715
TORITO
HUCK E BOX 152077
HEESES 415 RVlNG. TX 75015
l TORITO
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hllp:.. www.abc.ca.goviJatport AHCounty Rep.asp
03,24,2008
California ABC - license Query System - Data Portal
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10
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CT 58
t'age '- OJ ,
47
AMAZATO OF
PAN
10
47
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10
10
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03/24,2008
California ABC - License Query System - Data Portal
~
!'age j at ,
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CT 68
II
IU
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T
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100 AMF OR 10
ECHANICSVlLLE
A23111
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Tract:
5 'I...i~<:'
T
41
IZZLER
10
16 '". T
47
CLUB
10
17
CT
41
APAYA BAY
AI CUISINE
10
1
/P:OX 8591
CHO
~ 10
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IJ)!24/:!OO8
. California ABC - License Query Svstem - [Jata Portal
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NC
1987 DINERS CT
AN
ERNARDINO, CA
2408
1
i. 84B 47
19
CT
41
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RABBY BOBS
EAFOOO
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MTY HOUSE
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CT
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Page 4 ot ,
UCAMONGA, CA
1701
41 SAlLEN ST
ERNARDINO. CA
2408-2282
10
EXECUTIVE
ARK
RVlNE, CA 92814
10
538 E MAIN 8T
CAJON. CA
1
10
8721 MILLIKAN 10
VE
RVlNE. CA 92808
398 STEEL RD n10
Ol TON. CA
2324
03/24/2008
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TAR OF INDIA 66ee RANDALL
UISINE VE
ONTANA, CA
2335-5639
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.. - End of Reporl-- .
For a definlllan of codel, view our
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03,24/2008
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EXHIBIT 4
June 12, 2008
City of San Bemardino
Planning Division, City Hall
300 North "0" Street
San Bemardino, CA 92418
Dear Sir:
As president of Concorde Career College located at 201 East Airport Drive in
San Bemardino, CA 92408, I would like to voice my objection to the potential
liquor license proposal for "Flesh Show girls. establishment. 100 W. Hospitality
Lane, that shares a parking area with our campus.
Our college is made of up primarily of female students between the ages of 18 -
35 with classes ending at 10:30 pm five days per week. In the past when this
business was operating, there were numerous occasions when students were
subjected to verbal abuse from their patrons in the parking lot area. Our security
guard reported that these individuals never physically made contact with the
students, but did engage in verbal harassment.
If these happened without a liquor license, I'm afraid of what might develop if this
establishment is granted a license. I do not believe that this area is acceptable
for this type of activity when all of the surrounding area is Lmily dining and non-
recreational businesses.
Your consideration is greatly appreciated.
201 East Airport Drive, Suite A, San Bernardino, CA 92408
Phone: (909) 884-8891 . Fax: (909) 384-1768 . www.concorde.edu
PAUL A. KIYAN, 0.0.
"Optometric Care
with a Vision"
Todd Ii. Kelsch. 0.0. . Kimberley D. lieldey. 0.D.
June 12. 2008
Ms. Valerie Ross
Director of Development Services
City of San Bernardino
300 North D Street
San Bernardino. CA 92418
Dear Ms. Ross.
I would like to add my name t.o the list of those opposed to the issuance of an on-site liquor license to the
Flesh Club at 100 Hospitality Lane. The Flesh Club has not been a good business in the Hospitality Lane
area, with patrons who are loud, belligerent, and leave trash, including condoms, strewn throughout the
adjacent businesses.
o
I am one of the principles of Hospitality LLC, tl)e owners of the property occupied by EI Torito, which is
adjacent to the Flesh Club on the east side, and the property occupied by Concorde Career College. located
adjacent to the Flesh Club on the north side. These two highly regarded businesses have consistently
reported incidents with Flesh Club patrons accosting, harassing and generally being malfeasant to the their
customers. clients. and staff. These complaints have stopped with the temporary closing of the club. but I
assume they will start again in July. I cannot imagine the types and nature of complaints I will get if the
Flesh Club starts serving alcohol.
If the City of San Bernardino cannot stop the issuance of the alcohol license because of first amendment
concerns. perhaps this would be a good time to consider issuing the license only if they relocate to an area
more suitable for an adult venue. I am sure the City could find a location zoned for adult entertainment that
is not located in one of the prime business corridors of the City. I am sure that you and your staff could
make this situation a win-win for the City. the Club, and the businesses of Hospitality Lane.
Thank you in advance for your help in this matter.
G.A. >J
~
Paul A Kiyan, O.D.
Hospitality LLC
o
1887 Business Center Drive. Suite 2A . San Bernardino. CA 92408 . (909) 383-1053
www.kiyanoptometric.com . E-mail: renee@drkiyan.com
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/609460819
Desert Mountain Counse
212
O?41;,.l4pm
06 16 :/008
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,_ LiIIM, r..~ RJSQ
(909) 5S8-096
IoIlX: (/109)558-1184
June 16, 2008
City of San Bernardino
Planning Division, City HaII
300 North "D" Street
San Bernardino, CA 92418
To Whom It May Concern:
I would like to add our clinics to the list of those opposed to the issuance of an on-site
liquor license to the Flesh Club at 100 Hospitality Lane. This establishment is directly
across the street from our clinic - in Hospitality Plaza.
Our clinic serves infants, cbildren, adolescents and their families. Further, there are many.
graduate students, interns and doctoral fellows who also do training at this site. These
personnel as well as the other staff a predominately female and are often on site in the
evening hours.
We have had some 'direct' negative interactions with the Flesh patrons in the past; we
have had some negative verbal comments (harassment) and frequently have to step
around condoms and beer bottles and other trash left on our side of the street. As such I
am very concerned about the potentially enhanced dangerous situations (assault,
harassment) which are likely to result should a liquor license be granted. I am concerned
about compromised safety at our site and for the children and families that we serve.
I thank you for your serious consideration of this request.
=t d-:- ~^
Ki . Freier Randall, PhD
Dir or, Psychological Services
PNAP, Kids FARE & Growing Fit Clinics
164 W. Hospitality Lane
A SEI'F.N1H.DAY ADVliNmT HEALTH .tf:t~Nr.F.~ '~"'T1T1rrmN'
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City of San Bernardino
San Bernardino Police Department
Interoffice Memorandwn
EXHIBIT 5
To:
Lt. B. Boom
From:
OfficerJ. Valdivia #24729
Subject:
ABC Type 48-License Application - Manta Management Corporation
Date:
April 22, 2008
Copies:
PROBLEM:
On March 19, 2008, applicant Manta Management Corporation located at 100 W.
Hospitality Ln. applied with the Alcoholic Beverage Control (ABC) for a Type-48 On-
Sale (on sale general public premises -- beer, wine and distilled spirits) alcohol sales
license. Although Manta Management Corporation is the owner, the business name is
"Flesh Showgirls." Waldon R. Welty is listed as Chief Executive Officer of the company
and Ward Ryan Welty is listed as Secretary/Assistant Secretary of the company. This
information was attained at ABC License Query System Summary. ABC notified the San
Bernardino Police Department (SBPD) on March 25, 2008.
RECOMMENDATION:
Review by the City Attorney's Office for recommendation as to the issuance of an ABC
Type 48-license to the business called Flesh Showgirls.
FINDINGS:
On March 19, 2008, applicant Manta Management COlporation applied with ABC for an
ABC Type-48 license for Flesh Showgirls located at 100 W. Hospitality Ln., San
Bernardino. The business is going to be a new bikini/topless/exotic bar.
On April I, 2008, CSO S. Tuxen received the file for investigation. She believed that the
SBPD would protest the ABC application based on the over saturation of ABC licenses
issued in that census tract (#60). Therefore, on that same day, I received the file so I
could conduct the investigation.
On April I, 2008 I had CSO S. Tuxen call ABC to request a 20-day extension per BP
23987. She spoke to Vicki Swarthout, Licensee Representative who is handling the case
file for ABC. CSO S. Tuxen said Swarthout granted the 20-day extension. That same day
CSO S. Tuxen faxed a copy of the letter signed by Lt. Boom requesting the 20-day
extension. The following day, the original letter was mailed to ABC.
TI-IE SBPD IS COMMIITED TO PROVIDNG,
PROGRESSIVE QCALITY POLICE SERVICE;
A SAFE ENVIRONMEJo;T TO IMPROVE THE QUALITY OF LIFE;
^ REDUCTIO!'> IN CRIME nIROUGH PROBLEM RECOG:-<mo!'> A.'lD PROBLE\! SOLVING
o
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Page 2
On 4/7/08 I called Swarthout at ABC. During the conversation she told me that we
(SBPD) have a new date the ABC Type 48-license application is due. At first we had a
due date of 50 days (30 days allowed for the investigation and 20 days for the extension
request) after 3/19/08. However, since the business Flesh Showgirls did not post its intent
to sell alcohol poster correctly until 4/1108, the new date of 4/1108 is used. Therefore, the
ABC Type 48-license application is now due 50 days after 4/1108, which makes the due
date 5/21/08.
Manta Management Corporation is registered with California Secretary of State as of
7/15/93. There is no active ABC license/s with this company or with Waldon or Ward
Welty.
On October 5 1994, Manta Management Corporation was issued an ABC Type 48-
license for their business called "Flesh" located at 100 W. Hospitality Ln. At that time
Waldon R. Welty was listed as the Chief Executive Officer of the company. The ABC
License Query System Summary shows a disciplinary history for that license. It showed
that the business had its ABC license suspended for 30 days with 10 days stayed
(meaning the business could not sell alc~hol for 20 days). The suspension started
7/24/1997 and went through 8/13/1997. The business was found guilty of violations of
their ABC license and violations of the California Code of Regulations surrounding lewd
conduct.
The ABC license Manta Management is purchasing is from Split Rock Inc. located in
Yucca Valley in San Bernardino County, State of California It is an ABC Type 47-
license (on-sale general eating place-beer, wine and distilled spirits). According to
Swarthout at ABC, the ABC Type-47 versus the ABC Type-48 is not an issue. As long as
the license that is being transferred is in the same county, it can transfer from city to city.
The license has no current disciplinary actions pending nor was there any notation in the
disciplinary history.
On Wednesday 4/16/08, I e-mailedtheareacommanderoftheSouthernDistrict.Lt.
Koerner. I asked for his input and concerns if any. He replied and said his concern is that
another business in the area would be having an ABC license.
Business Description & History
The business, Flesh Showgirls, is a single story building located at 100 W. Hospitality
Ln. The business formerly housed a business where full nude dancers entertained the
customers. On October 30 2007, after a trial, San Bernardino Superior Court Judge
Donald R. Alvarez issued a permanent injunction against the "Flesh Club" under the Red
Light Abatement Act, a law that allows cities to take action against places of prostitution.
During the trial Judge Alvarez found promiscuous and lewd behavior occurring at the
club. On October 30, 2007, 2007 Judge Alvarez ordered the business closed for 8 months
beginning November 15, 2007 and ending July 15,2008. The business was not allowed
to open during the 8-month period as an adult club. (Court case #SCVSS 117285).
Page 3
o
On July 24.1997, the business, at that time called "Flesh" but owned by Manta
Management, had its ABC alcohol license suspended. The suspension occurred because
ABC found the business guilty of violations of their ABC license and violations of the
California Code of Regulations surrounding lewd conduct.
During my time as a Vice investigator for the SBPD I have conducted numerous
undercover investigations in and around the area of "Flesh". During the investigations
inside of the business I witnessed "Flesh" employees engaged in acts of lewd conduct to
include actual or simulated sex acts, masturbation, and oral copulation. I have also
conducted several undercover prostitution programs while the business "Flesh" was open
for business and did not have an ABC license to sell alcohol. During those programs
several male subjects were arrested after soliciting an undercover female officer for acts
of prostitution. Of those arrested I formed the opinion, based on the location of the arrest
and statement given by the defendants, that several of those arrested had patronized
"Flesh" and left the business just prior to their arrest.
Based on the numerous Vice investigations and other complaints received and
investigated about the business the San Bernardino City Attorney's Office filed an Red
Light Abatement Injunction against the business. The Court ordered the business, Flesh
Showgirls, closed for 8 months, beginning November 15,2007 and ending July 15, 2008,
because the Court found promiscuous and lewd behavior occurred at "Flesh" in violation
of several applicable statutes and regulations.
o Based on the results of the Vice investigations and findings of the Court, a reasonable
inference is drawn that there is a pattern of prostitution and/or lewd conduct that has
occurred in and around the immediate area of the business, now wanting to open as
"Flesh Showgirls." The owner during all the above violations, Manta Management, is the
same owner trying to receive an ABC alcohol license for the business, Flesh Showgirls.
Waldon Welty was, during the above violations, and is still to this day listed as Chief
Executive Officer of Manta Management. Ward Welty was, during the above violations,
and is still to this day listed as Secretary/Assistant Secretary. Manta Management now
wants to open "Flesh" as a "bikini/topless/exotic" business permitted to sell alcohol.
Concentration / Area
The business located at 100 W. Hospitality Ln. falls under ABC census tract #60. This
census tract is Mill St. to the North, the 1-10 freeway to the South, Waterman Ave to the
East, and Inland Center to the West. ABC allows for 2 on-sale licenses within this tract
area. At present, there are 27 licensed on-sale establishments.
o
The closest residence to the business is at 2393 Mountain Woods Street in the City of
Colton, which is approximately Y:, mile to the South. The nearest school (Cooley Ranch
Elementary) at 1000 S. Cooley in the City of Colton is approximately one mile South of
the business. The nearest Church (Community of Christ Church) at 1894 Commercenter
o
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Page 4
West is approximately 150 yards to the North. The closest park (Colony Park) at Wier Rd
and Harwick Street is approximately .6 miles to the South. The nearest ABC on sale
licensed premise (EI Torito) at 118 E. Hospitality Ln. is property line to property line to
the East. The nearest ABC off sale licensed premise (Inland Petroleum Products-
"Shell") at 1930 S. Waterman Ave is approximately.3 miles to the East.
Calls for Service
Since 11115/07, the business has been closed per a court order (SCVSS 117285). It was
ordered to be closed forthwith so that no business as an adult cabaret is transacted inside
the building for a period of eight consecutive months. As of today, 4/21/08 it is still
closed.
There were a total of 160 Part I Crimes in RD S3150 in the year 2006 and a total of 158
in the year 2007. RD S3150 encompasses where Flesh Showgirls is located.
Here is the monthly breakdown of Part I Crimes in the year 2006.
. January-9, February-I 9, March-I 7, April-II, May-I 6, June-I 8, July-I 0, Agust-15,
September-IO, October-I 0, November-II, December-14, for a total of 160.
Here is the monthly breakdown of Part I Crimes in the year 2007.
January-I 0, February-I 6, March-l3, April-II, May-l7, June-I 4, July-I 2, Agust-15,
September-I 0, October-I 3, November-I 7, December-I 0, for a total of 158.
In the year 2005, there were a total of 6 calls to the business, Flesh Showgirls. One of the
calls was a violation of Adult Entertainment Ordinance, SBMC 5.14.010. The Vice Unit
took a report but no one was charged. One call was a victim was shot on the foot as he
walked through the parking lot of the business. A witness said the suspect was a BMA
who was previously kicked out of the club by the manager. On another call, a disturbance
occurred between a customer and the bouncer of the business. The bouncer did not allow
the customer inside because the customer was drunk and did not have identification (he
was found to be 19 years old). Two of the calls were where the business was a victim ofa
theft and on another was where an employee was a victim of a threat. Another call was
that an anonymous reporting party said he was approached by "one of the dancers for
prostitution activity." That call was resolved since no other information was available.
In the year 2006, there were a total of 2 calls to the business, Flesh Showgirls. One call
was a "hit and run" traffic collision in the parking lot of the business. A customer's car
sideswiped another customer's car as he pulled away from the parking stall. The driver
then left. Another call was 3 customers came to the business and all were turned away by
the bouncer at the door. The customers argued with the bouncer then the customers
walked away and got into their vehicle to leave. As they drove through the parking lot,
one of the passengers "showed" a gun as they drove away.
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In the year 2007, there were a total of ScaIls to the business. On one caIl, a female was
denied entrance with her purse. She left to wait in the car. However, the male customer
that came with the female argued with the bouncer. A fight started and the male customer
was slightly injured. Both male and female customers were drunk. Another call was a "hit
and run" traffic collision. A customer was backing out of a parking stall at the business
when it hit another customer's car. The driver then left the scene. There were two
separate calls where an arrest was made. One was an intoxicated customer that was
arrested and another was an arrest of a "dancer" for a misdemeanor warrant.
Area Canns and Sta'tements
On April 22 2008, I conducted a check of the surrounding businesses to speak to them
about the business, Flesh Showgirls, opening as a topless bar and applying for an ABC
Type 48-license. I wanted to get any comments or concerns regarding the business
possibly seIling alcohol. The following is a synopsis of their comments.
Apple One, 165 W. Hospitality Ln., Suite #23, 884-6351
Caroline Bejarano, Assistant Manager
Ms. Bejarano said she has worked at l6S W. Hospitality Ln. for I S years. She has seen
''trashy'' people come to her business asking to use the phone, to use the restroom and
asking for money. She believed these people came from the business, Flesh Showgirls.
She said she is against the Flesh Showgirls getting an ABC license. She added it would
be nice to go to EI Torito (restaurant next to the Flesh Showgirls) without the business
(Flesh Showgirls) being there.
Vineyard Medical Center, 165 W. Hospitality Ln. suite #21, (714) 483-4103
Frank Diaz, Psychiatric Assistant
Mr. Diaz said he does not want to see the business (Flesh Showgirls) sell alcohol. He
believes that would produce "drunks" in the area and that would hurt the working
environment in the area.
Universal Institute In Co, 155 W. HospitalitY Ln. Suite #110, 383-8090
Robert Herrera, Administrator
Mr. Herrera said he has been at ISS W. Hospitality Ln. since 1991. He has not had any
problems with the business, Flesh Showgirls. However, he does not want them to attain
an ABC license. He said there has been several accidents at the intersection that they are
located at and believes that selling alcohol would raise the number of accidents at the
same intersection.
Pregnancy Resource Center, 114 E. Airport Drive Suite 104,382-4550
Lisa Stiefken, Executive Director
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She said ever since the business, Flesh Showgirls was open, she and other employees felt
very "uncomfortable." She could not define uncomfortable. She said all the employees at
her business are females.
She said there has been times when her office was closed but she needed to get some
paperwork after hours. She said she has been there anywhere from 7 :OOpm-11 :OOpm. She
has seen males "prowling" in the parking lot of the Flesh Showgirls. I asked her what did
she mean and she said males would be walking in the parking lot maybe to smoke or use
the cell phone.
She has seen females parked in her parking lot across from the Flesh Showgirls. The
females were parked facing the parking lot of the Flesh Showgirls. Ms. Stietken said she
believed the females were wives or girlfriends of male customers that were in the
business, Flesh Showgirls. She also believed if alcohol is sold at the business (Flesh
Showgirls) there would be tempers that flare then a fight would start.
Concorde Career College, 201 E. Airport Drive Suite A, 884-8891
Ron Johnson, Campus President
He said he has never had any problems with the business, Flesh Showgirls. His concern is
them selling alcohol. Although there is no direct access for vehicles from his parking lot
to the parking lot of the Flesh Showgirls, his concern is that customers will park in his lot
then go to the business, Flesh Showgirls.
His other concern is the safety of his students. The last class lets out at IO:OOpm and
usually everyone is gone by IO:3Opm to include the security guard that patrols the
parking lot.
EI Torito, 118 E. Hospitality Ln., 381-2316
Hector Silva, Regional Director
He said when the business, Flesh Showgirls first opened years ago, he lost a lot of
business due to the opening. He said "church families" did not want to come and eat with
the business, Flesh Showgirls next door.
He believed that with the business re-opening and selling alcohol, his customer base
would decline further. He said the area is not designed for a topless bar.
Police Concerns
The SBPD is concerned that if Flesh Showgirls' ABC license to sell alcohol is approved,
there would be another business that is allowed to sell alcohol at a time where the area is
already over saturated. There are 2 ABC on-sale licenses allowed in the census tract but
27 are currently issued. With the approval of the ABC license for the Flesh Showgirls,
that would make a total of 28 ABC on-sale licenses issued for that census tract.
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I am assigned to the Vice Unit of the SBPD. !, with the help of other officers, have
conducted undercover prostitution programs in the area of the business, "Flesh
Showgirls". We have placed undercover female officers on the sidewalk to act as the
"prostitute" in an attempt to have male customers contact her. She would ascertain if the
male customers would solicit her for an act of prostitution or agree to engage in an act of
prostitution. Once the elements were attained, the male customers were arrested.
During visits to Internet communities, I have found prostitution activity for sale and the
female prostitutes are using local hotels/motels in the area of the "Flesh Showgirls" to get
male customers to meet them there to conduct their illegal business.
The SBPD concem over the prostitution activity in the area is that if "Flesh Showgirls" is
allowed to get their ABC license to sell alcohol, the likelihood of prostitution activity
rising would be very high. Studies have shown that alcohol often causes an individual to
lose inhibitions and engage in conduct that they, the individual, would not normally
engage in. With patrons of "Flesh Showgirls" consuming alcohol on the premises and
watching female employees wearing bikini bottoms and no tops, exposing bare breasts to
include the nipple and areola, customers will experience sexual arousal and will seek
companionship to relieve the arousal.
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