HomeMy WebLinkAbout48-Develoment Service
Entered Into Ree. at MCC/CDC Mtg: 7,4 If} E'
by: ~ ClcG-f--7V
fi,genda II n No: If 3
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~:!ty Clel CDC Secretary
CITY OF SAN BERNARDISiq of San Bernardino
INTRA-OFFICE MEMORANDUM
rl'I'\I(">!i\..IAL
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TO:
James F. Penman, City Attorney
FROM:
Diane Catran Roth, Senior Assistant City Attorney ~
September 2, 2008
DATE:
RE:
Manta Management - ABC License
CC:
Henry Empeno, Sr. Deputy City Attorney
George Guerrero, City Attorney Investigator
We had information that Manta Management was in escrow to purchase the ABC license owned
by Split Rock, Inc., but Split Rock withdrew the license from the market. I asked Investigator
George Guerrero to interview Split Rock's owner to determine why the license was withdrawn.
The following is what he related to me:
Manta Management entered into an escrow with Split Rock Inc. in March 2008 to purchase from
Split Rock Liquor License No. 226949. The deal fell through as Split Rock officially withdrew the
offer to sell on 06/06/08.
Investigator Guerrero spoke to ABC Agent Vicki Swarthout on the afternoon of 08/26/08 via
telephone. Swarthout told him that the deal between Manta and Split Rock had officially terminated
on 06/06/08 when Split Rock withdrew the application. Split Rock listed the official reason for the
termination on ABC paperwork as "buyerrefusing to cooperate." Swarthout said that, as per ABC
policy, Manta was sent a notice of the withdrawal by Split Rock and was given ten days to respond.
The notice to Manta was mailed out on 06/1 0/08 and Manta failed to respond within the ten day
period. The transfer process was thereby terminated.
Investigator Guerrero spoke to Split Rock co-owner Jim Depierro on the morning of 08/28/08 via
telephone. He related the following: Depierro said that his wife, Kerri Depierro, Split Rock's
company president who was negotiating the license transfer, got tired of waiting for Manta to
complete their end of the transfer. Jim Depierro said that Manta never placed their good-faith
deposit into eserow and never submitted their required documents. The withdrawal was, therefore,
made and the license is currently pending sale to another business. Split Rock, Inc. is a Mexican
food restaurant chain in the Coachella Valley that is downsizing and therefore selling their ABC
interests.
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SEPTEMBER 15, 2008 MCC MEETING, AGENDA ITEM NO. 48
APPEAL OF PLANNING COMMISSION DENIAL OF CUP NO. 08-03, AND
RECONSIDERATION OF MAYOR AND COMMON COUNCIL'S DETERMINATION
THAT PUBLIC CONVENIENCE OR NECESSITY WOULD NOT BE SERVED BY THE
ISSUANCE OF A TYPE 48 ALCOHOLIC BEVERAGE CONTROL LICENSE AT 100
WEST HOSPITALITY LANE
Findings by Mayor and Common Council Supporting Recommended Motion.
MOTION: That the Mayor and Common Council deny the appeal and uphold the Planning
Commission's denial of Conditional Use Permit (CUP) No. 08-03, and re-determine that the
public convenience or necessity would not be served by the issuance by the California
Department of Alcoholic Beverage Control (ABC) ofa new Type 48 ABC license at 100 West
Hospitality Lane, based on the documents and testimony presented to the Mayor and Council
and adopt the findings supporting the recommended motion.
I. The applicant, Manta Management (Manta), seeks to operate a cocktail lounge serving
beer, wine, and distilled spirits for consumption on the premises. To operate a cocktail
lounge, Manta must obtain a Type 48 alcoholic beverage license from the ABC. Further,
in the CR-3, Commercial Regional - Tri City/Club land use district in which the premises
are located, the operation of a cocktail lounge requires a CUP from the City.
2. The ABC has determined that the surrounding area is over-concentrated with existing
ABC licenses. California Business and Professions Code Section 23958 prohibits
issuance of a license by the ABC "".ifissuance would result in or add to an undue
concentration of licenses, except as provided in Section 23958.4." Under Business and
Professions Code Section 23958.4, the ABC can issue the license only ifit would serve
the public convenience or necessity (PCN). Further, under the San Bernardino
Development Code, a CUP can only be granted if the proposed use would not impair the
integrity and character of the land use district and would comply with all applicable
provisions of the Development Code.
3. Hospitality Lane, on which the premises are located, is primarily a restaurant row and
caters to families. Of the 27 ABC licenses in this census tract that permit the sale of
alcoholic beverages for consumption on the premises, 88% are either Type 41 or Type
47. Type 41 and Type 47 licenses are for a "Bona Fide Public Eating Place" and they are
issued to restaurants that primarily serve food, and serve alcoholic beverages only
incidentally to food. The only difference between them is that a Type 47 license allows
the sale of hard liquor but a Type 41 license allows the sale of beer and wine only.
Of the remaining three ABC licenses in this census tract, two are a Type 58 and Type 68
for special events at the National Orange Show.
4. Manta has applied to the ABC for a Type 48 license. Type 48 licenses are described as
"On-Sale General for Public Premises" and are issued to establishments such as bars and
Item # 48
9/15/08
nightclubs that primarily serve alcoholic beverages. Type 48 establishments do not cater
to families; in fact, Business and Professions Code section 25665 states that it is a
criminal offense to permit a person under 18 to enter and remain in a Type 48
establishment.
Only one ABC licensee in this census tract holds a Type 48 license, and that license was
issued in 1965, long before the PCN requirement came into effect. The holder of that
license is The Lark, a bar which is located in a different area of the census tract at 917
Inland Center Drive, more than three miles from Manta's location. Therefore, the
presence of that establishment does not influence the character of the neighborhood in
which Manta seeks to operate its cocktail lounge.
5. Experience in the City of San Bernardino and elsewhere has shown that establishments
operating under Type 48 licenses cause more nuisance activity and generate more public
safety calls for service than those operating under Type 41 or Type 47 licenses. There
was testimony to that effect from a San Bernardino Police Department captain during the
PCN proceedings. It would be detrimental to allow these types of establishments to mix
in with the restaurants in this area. The Development Services Department received
three letters dated June 2008 from nearby businesses objecting to the issuance of a liquor
license to Manta. One writer, the president of a career college, stated: "In the past when
Manta's business was operating, there were numerous occasions when students were
subjected to verbal abuse from their patrons in the parking lot area.... 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 family dining and nonrecreational businesses."
A second writer stated: "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." The writer further stated that adjacent
businesses had "consistently reported incidents with Flesh Club patrons accosting,
harassing and generally being malfeasant to the [sic] their customers, clients, and staff....
I cannot imagine the types and nature of complaints I will get if the Flesh Club starts
serving alcohol."
The third writer, the director of a children's clinic located across the street from Manta's
location, wrote: "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."
In April 2008, a San Bernardino Police Department officer spoke with six individuals
associated with nearby businesses. All six opposed the issuance of an alcohol license to
Manta's business.
6. Hospitality Lane was planned and developed to provide the public traveling on Interstate
10 with a convenient place to stop and eat. Intensifying the nuisances described above
2
that are associated with Manta's establishment by adding the problems associated with
the onsite conswnption of alcohol would be detrimental to the public convenience and
necessity currently served by the restaurants on Hospitality Lane.
In addition, the issuance of an alcohol license to Manta is not necessary for the public
convenience or necessity. The public is already well-served within this census tract with
many convenient locations for on site consumption of alcoholic beverages, by themselves
or in combination with food. Accordingly, neither the public convenience nor the public
necessity would be served by issuance of a Type 48 license at Manta's location.
7. Manta's proposed use also does not permit making the Findings required for the issuance
ofa CUP, because 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. (San Bernardino Development Code Section 19.36.050(5).) For the reasons
discussed above, adding alcoholic beverage service to Manta's establishment would
exacerbate existing nuisances noted by surrounding businesses, including disorderly
behavior and excessive litter.
8. Manta's proposed use also would not be consistent with the City's General Plan, as is
required for the issuance of a CUP under Development Code Section 19.36.050(2), as the
use would conflict with General Plan Policy 2.2.10: "The protection of the quality of life
shall 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."
9. In its current ABC application submitted under penalty of perjury, Manta answered, "No"
to the question, "Have you ever violated any provisions of the Alcoholic Beverage
Control Act, or regulations of the Department pertaining to the Act?"
However, a San Bernardino Police Department officer who performed a background
investigation on Manta reported: "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.... 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 alcohol 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."
Therefore, it appears that Manta may have made a false representation in its current ABC
license application. At the least, this apparent discrepancy should be further investigated
before issuance of a license or CUP is considered.
3
10. Manta contends in its appeal that the denial of the CUP violates the First and Fourteenth
Amendments to the United States Constitution and is contrary to court decisions holding
that Manta may offer adult entertainment, i.e., nude dancing, at the premises. However,
the basis for the denial is not that adult entertainment is proposed to be offered at the
location, but rather that the addition of the onsite consumption of beer, wine, and distilled
spirits to the existing business operations would exacerbate existing problems and be a
detriment rather than a benefit to the community and the public interest. The denial of
Manta's appeal will not prevent Manta from conducting any activity that is protected by
the United States Constitution.
In fact, Manta's legal counsel stated repeatedly during the proceedings in this matter, and
the City has never contested, that Manta may re-open its adult entertainment business at
any time without a PCN determination or a CUP from the City. Manta has not chosen to
do so.
II. Manta also contends in its appeal that if it cannot obtain a Type 48 license, it seeks in the
alternative the issuance of a CUP authorizing it to operate with a Type 47 ABC license.
However, Manta at no time showed that it ever applied for, or could meet the
requirements for, a Type 47 license. In fact, after filing its appeal, Manta acknowledged
that it is only seeking to operate with a Type 48 license and not with a Type 47 license.
12. Finally, Manta contends in its appeal that the Council's determination on June 16,2008
that the public convenience or necessity would not be served by the issuance of a Type
48 license to Manta was made without adequate notice to Manta, because Manta was not
notified of the hearing until June 13, 2008. However, this is a moot point in view oflater
events.
Specifically, in its appeal from the Planning Commission's June 17,2008 CUP denial,
Manta requested that the Mayor and Council also reconsider the June 16,2008 finding on
the PCN issue. Thereafter, on August 4, 2008, after hearing extensive argument from
legal counsel for Manta, the Council granted that request. With the concurrence of
Manta, the Council continued the matter to September 2, 2008, to allow sufficient time to
comply with a request from Manta that City staff research all cases in which Type 48
licenses have been approved or denied in the City. At the continued hearing on
September 2, 2008, legal counsel for Manta again appeared and presented extensive
argument in support of Manta's position.
Manta thus had well over two months to prepare and present its case to the Council. In
view of that fact, whether Manta had adequate notice of the June 16, 2008 proceeding is
immaterial.
4
Entered Into Rec. at MCC/CDC Mtg: (1'(; ~/,
by: .
Agenda Item No:
by: " . .
City Clerk/CDC Secretary
City of SOn Bernardino
).
, -
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/-
CITY OF SAN BERNARDINO
Development Services Department - Planning Division
Interoffice Memorandum
TO: Mayor and Common Council
~
FROM: Terri Rahhal, Deputy Director/City Planner
SUBJECT: Item 43- 9/2/08 MCC Agenda: Manta Management
Appeal No. 08-02 Appeal of Planning Commission Denial of a CUP
for a Type 48 ABC license for 100 West Hospitality Lane
DATE: August 29, 2008
COPIES: James Penman, City Attorney; Rachel Clark, City Clerk; Fred Wilson,
City Manager; Valerie C. Ross, Development Services Director
The subject appeal by Manta Management is a request to reverse the action of the
Planning Commission to deny a Conditional Use Permit for a Type 48 - On-Sale-General
Alcoholic Beverage Control (ABC) license at 100 W. Hospitality Lane. The appellant has
also requested that the Mayor and Council reconsider the June 16, 2008 determination
that the Public Convenience or Necessity (PCN) would not be served by issuance of a
Type 48 ABC license at the subject site. This item has been continued from August 4,
2008, at the request of the appellant.
To identify conditions of over-concentration that require a PCN determination from the
City, the State ABC Department evaluates the concentration of ABC licenses within the
Census Tract where the site of a license application is located. Therefore, all previous
discussion of the subject ABC license request by Manta Management has focused on
Census Tract 060, the location of 100 West Hospitality Lane. As previously reported,
there is one existing Type 48 ABC license in Census Tract 060: The Lark, located at 917
Inland Center Drive. This site has been permitted as a cocktail lounge for over 30 years,
long before the PCN determination requirement came into effect in 1995.
At the August 4, 2008 hearing, the appellant requested a continuance for staff to
investigate and report on all PCN determination requests for Type 48 ABC licenses in the
City of San Bernardino. There has been only one previous request for a Type 48 ABC
license that required a PCN determination. The Mayor and Council granted a PCN
determination for a Type 48 ABC license for the Gents Organization at 1462 E. Art
Townsend Drive on October 7, 1996.
9/~/Ol>
~ <{3
Item 43: 9/2/08
Manta Management Appeal 08-02
Page 2
There are 18 existing Type 48 ABC licenses in the City of San Bernardino. All except the
Gents Organization's license were granted before ABC required a PCN determination.
The original issue date noted in the ABC list refers to issuance of the current license only.
Staff has added notes to indicate previous licenses or Conditional Use Permits issued to
permit Type 48 licenses prior to the 1995 PCN determination requirement.
In addition to the search for previous PCN determinations, staff also researched requests
for Type 48 ABC licenses that did not require PCN determinations due to an ABC license
concentration within the limits accepted by ABC. There was only one such request. On
December 3, 2001, the Mayor and Council denied CUP No. 01-14, a request by Fanatics
Restaurant to convert to a night club and upgrade a Type 41 ABC license to a Type 48
ABC license. The site of the request was 1689 W. Kendall Drive, Ste. H.
Staff can also provide an update on the status of the stated intent of Manta Management
to obtain a Type 47 ABC license for on-site sales of beer, wine and distilled spirits at a
bona fide restaurant. On August 22, 2008, Troy Neptune inquired about the City's role in
the application process for a Type 47 ABC license. Staff informed Mr. Neptune of the
input of City staff in the license application review process of the State Department of
ABC, and that the existing Conditional Use Permit No. 93-21 for 100 W. Hospitality
Lane would be modified to approve the proposed restaurant operations and to include the
conditions of approval issued by the State on a Type 47 ABC license. Mr. Neptune
indicated that Manta Management awaited the outcome ofthe current request for
reconsideration of the PCN determination and approval of CUP No. 08-03, and that if
these requests are denied, Manta Management may apply for a Type 47 ABC license.
Attachment: 8/29/08 Type 48 ABC License Query on",w~,l1\)J:.S-'U~ov
Page 1 of 4
v
California Department of Alcoholic Beverage Control
For the city of SAN BERNARDINO- (By license type 48)
Report as of 8/29/2008
License I Status I License Orig. Iss. Expir Primary Owner Business Name Mailing tj
Number Type Date Date and Premises Address Code
Addr.
1) 321648 ACT 48 12/27/1996 11/30/2008 GENTS GENTS 3610
ORGANIZATION COMMUNITY
1462 E ART CENTER
TOWNSEND DR ORGANIZATION
SAN
BERNARDINO,
CA 92408
Census Tract:
0077.
2) 396203 ACT 48 12/31/2002 5/31/2009 CAPPADONA TARTAN THE 3610
CAROL C
n 1\ C<; '1/"6'/9,( 1602 E
HIGHLAND AVE
SAN
BERNARDINO,
CA 92404
Census Tract:
0062.02
3) 440727 ACT 48 7/24/2006 6/30/2009 VAN SANT SPORTS PAGE 3610
BRIAN
!t5/7<,S c./f: /7J~ RAYMOND
1225 E
L YNWOOD DR
SAN
BERNARDINO,
CA 92404
Census Tract:
0062.02
4) 447307 ACT 48 12/7/2006 11/30/2008 CRAIG FRANK LCS 3610
LEE GREENBRIAR
'}t73~'? 1259 E
~1/q,/'6rs L YNWOOD DR
SAN
BERNARDINO,
CA 92404-2752
Census Tract:
0062.02
11511393982 F1rsl2/3/2003 1/31/2009 II SAMFORD II SOUTH SIDE 11376 E BLAINE 1/3610 I
ICjq~70 3/'23/87
http://www.abc.ca.gov/datport/AHCityRep.asp
8/29/200ll
Page 2 of4
I CELESTE MARIE SALON CC & E ST
495 E RIVERSIDE,
REDLANDS CA 92507
BLVD
SAN
BERNARDINO,
CA 92408
Census Tract:
0073.01
6) 462128 ACT 48 3/26/2008 2/28/2009 ONE 11 LARK THE 3610
10(" I <( ') C;/2P /'2/ YOU MACK
INVESTMENTS
INC
917 INLAND
CENTER DR
SAN
BERNARDINO,
CA 92408-1809
Census Tract:
0060.
7) 427369 ACT 48 8/24/2005 7/31/2008 KILPATRICK FLASHBACKS PO BOX 8236 3610
~Ol/ LEIGH JANE REDLANDS,
123 NEST CA 92375
:;/'1/~() SAN
BERNARDINO,
CA 92401
Census Tract:
0057.
8) 444269 ACT 48 11/2/2006 10/31/2008 KT BUSINESS RED FOX THE 11708 3610
ENTERPRISES PARKMEAD
2i1WL INC ST
1/18):/6 3142 NEST SANTA FE
SAN SPRINGS, CA
BERNARDINO, 90670-3654
CA 92405
Census Tract:
0046.02
9) 251130 ACT 48 10/1/1990 10/31/2008 FELIX BENJAMIN 3610
149 N MOUNT
VERNON AVE
SAN
BERNARDINO,
CA 92410
Census Tract:
0049.
10) 361108 ACT 48 2/3/2000 1/31/2009 PEREZ SAUL EL FARALLON 2138 N 3610
G,?(,'G '2.. DIAZ EASTWOOD
IAn 1<:.;.". )2/3//93 1227 N SIERRA SANTA ANA,
'NY CA 92705-
SAN 7007
/I BERNARDINO,
http://www.abc.ca.gov/datport!AHCityRep.asp
R/29/200R
Page 3 of4
UUUUUU CA 92405 U
Census Tract:
0055.
11) 409729 ACT 48 5/4/2004 4/30/2009 HARRISON MUSIC ROOM 3610
RONNIE LYNN
l'I(,Qj '1/'1/9! 4360 N SIERRA
'NY
SAN
BERNARDINO,
CA 92407-3823
Census Tract:
0045.02
12) 350965 ACT 48 3/7/2007 3/31/2009 INLAND PACIFIC CARLOS 3610
INVESTMENTS OBRIENS
r,up LLC
440 W COURT
~ ST
SAN
BERNARDINO,
CA 92401
Census Tract:
0057.
13) 270951 ACT 48 4/16/1992 1/31/2009 CALDERA CLUB TRINIDAD 3610
ROBERTO K
1562-1/2 W
FIFTH ST
SAN
BERNARDINO,
CA 92411
Census Tract:
0043.
14) 71796 ACT 48 3/6/1979 6/30/2009 HASSETT MARQUIS 3610
DENNIS M LOUNGE THE
1036W
HIGHLAND AVE
SAN
BERNARDINO,
CA 92405
Census Tract:
0046.02
15) 301269 ACT 48 12/13/1994 11/30/2008 RENDON CHAVELAS BAR 10325 MILLS 3610
ALFREDO A AVE
1180W MONTCLAIR,
HIGHLAND AVE CA 91763
SAN
BERNARDINO,
CA 92405
Census Tract:
0046.02
IMI~49549 IIACT II 48 II 2/22/2007 II 4/30/2009 II LOPEZ JESUS II LA CONSENTIDA /I 113600 I
,
;;.71( 70
7/c./'7'.Z
htto://www.abc.ca.gov/datportlAHCityRep.asp
lU7Q/'J()()l!
Page 4 of4
I 1950W NIGHT CLUB
HIGHLAND AVE
SAN
BERNARDINO,
CA 92407-6504
Census Tract:
0041.
17) 436109 ACT 48 4/20/2006 3/31/2009 HEDRICK ELGIN & FAGAN 3610
J.,12'l(l/ GREGORY
1!1'i;!~ ROLLAND
336W
HIGHLAND AVE
SAN
BERNARDINO,
CA 92405
Census Tract:
0053.
18) 373971 ACT 48 3/9/2001 2/28/2009 COEN ALlFONSA LULUS HIDEOUT 3610
7-0 ''>'6(17 1958 W RIAL TO
('/2'1 ('27 AVE
SAN
BERNARDINO,
CA 92410
Census Tract:
0049.
- - - End of Reoort - --
For a definition of codes. view our glossary
htto://www.abc.ca.gov/datportlAHCityReo.aso
Q/'")O/')A{\O
OFFICE OF THE CITY CLERK
RACHEL G. CLARK - CITY CLERK
300 North "0" Street. San Bernardino. CA92418-0001
909.384.5002. Fax: 909.384.5158
www.sbcity.org
,"
September 5, 2008
Manta Management Corporation
c/o Roger Jon Diamond
2115 Main Street
Santa Monica, CA 90405
Dear Mr. Diamond:
At the meeting of the Mayor and Common Council held on September 2, 2008, the
following action was taken relative to Conditional Use Permit (CUP) No. 08-03 (Appeal
No. 08-02) - an appeal of the Planning Commission's denial of CUP No. 08-03, a request
to obtain a Type 48 Alcoholic Beverage Control (ABC) license at 100 West Hospitality
Lane:
That the hearing be closed; that the Mayor and Common Council deny the
appeal and uphold the Planning Commission denial of Conditional Use Permit
No. 08-03; that the Mayor and Common Council redetermine that the Public
Convenience or Necessity (PCN) would not be served by granting a Type 48
ABC license at 100 West Hospitality Lane; and that the matter be continued to
September 15, 2008, at 4:30 p.m., to consider adoption of findings.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
~h.~
Rachel G. Clark
City Clerk
RGC:lls
pc: Development Services
CMGH LLC, c/o Lawrence Wessel, 740 S. Bunting Court, Anaheim, CA 92808
CITY OF SAN BERNARDINO
ADOPTED SHARED VALVES: Integrity. Accountability. Respect for Human Dignity. Honesty
CITY OF SAN BERNARDINO
Development Services Department - Planning Division
Interoffice Memorandum
TO: Mayor and Common Council
~6?-
FROM: Terri Rahhal, Deputy Director/City Planner
SUBJECT: Item 43- 9/2/08 MCC Agenda: Manta Management
Appeal No. 08-02 Appeal of Planning Commission Denial of a CUP
for a Type 48 ABC license for 100 West Hospitality Lane
DATE: August 29, 2008
COPIES: James Penman, City Attorney; Rachel Clark, City Clerk; Fred Wilson,
City Manager; Valerie C. Ross, Development Services Director
The subject appeal by Manta Management is a request to reverse the action of the
Planning Commission to deny a Conditional Use Permit for a Type 48 - On-Sale-General
Alcoholic Beverage Control (ABC) license at 100 W. Hospitality Lane. The appellant has
also requested that the Mayor and Council reconsider the June 16, 2008 determination
that the Public Convenience or Necessity (PCN) would not be served by issuance of a
Type 48 ABC license at the subject site. This item has been continued from August 4,
2008, at the request of the appellant.
To identify conditions of over-concentration that require a PCN determination from the
City, the State ABC Department evaluates the concentration of ABC licenses within the
Census Tract where the site of a license application is located. Therefore, all previous
discussion of the subject ABC license request by Manta Management has focused on
Census Tract 060, the location of 100 West Hospitality Lane. As previously reported,
there is one existing Type 48 ABC license in Census Tract 060: The Lark, located at 917
Inland Center Drive. This site has been permitted as a cocktail lounge for over 30 years,
long before the PCN determination requirement came into effect in 1995.
At the August 4, 2008 hearing, the appellant requested a continuance for staff to
investigate and report on all PCN determination requests for Type 48 ABC licenses in the
City of San Bernardino. There has been only one previous request for a Type 48 ABC
license that required a PCN determination. The Mayor and Council granted a PCN
determination for a Type 48 ABC license for the Gents Organization at 1462 E. Art
Townsend Drive on October 7, 1996.
9/~/Ol>
7t 43
Item 43: 9/2/08
Manta Management Appeal 08-02
Page 2
There are 18 existing Type 48 ABC licenses in the City of San Bernardino. All except the
Gents Organization's license were granted before ABC required a PCN determination.
The original issue date noted in the ABC list refers to issuance of the current license only.
Staff has added notes to indicate previous licenses or Conditional Use Permits issued to
permit Type 48 licenses prior to the 1995 PCN determination requirement.
In addition to the search for previous PCN determinations, staff also researched requests
for Type 48 ABC licenses that did not require PCN determinations due to an ABC license
concentration within the limits accepted by ABC. There was only one such request. On
December 3, 2001, the Mayor and Council denied CUP No. 01-14, a request by Fanatics
Restaurant to convert to a night club and upgrade a Type 41 ABC license to a Type 48
ABC license. The site of the request was 1689 W. Kendall Drive, Ste. H.
Staff can also provide an update on the status of the stated intent of Manta Management
to obtain a Type 47 ABC license for on-site sales of beer, wine and distilled spirits at a
bona fide restaurant. On August 22, 2008, Troy Neptune inquired about the City's role in
the application process for a Type 47 ABC license. Staff informed Mr. Neptune of the
input of City staff in the license application review process of the State Department of
ABC, and that the existing Conditional Use Permit No. 93-21 for 100 W. Hospitality
Lane would be modified to approve the proposed restaurant operations and to include the
conditions of approval issued by the State on a Type 47 ABC license. Mr. Neptune
indicated that Manta Management awaited the outcome of the current request for
reconsideration of the PCN determination and approval of CUP No. 08-03, and that if
these requests are denied, Manta Management may apply for a Type 47 ABC license.
Attachment: 8/29/08 Type 48 ABC License Query on www.abc.ca.~ov
Page 1 of4
v
California Department of Alcoholic Beverage Control
For the city of SANBERNARDINO-_{By Iicem;ILwe 48)
Report as of 8/29/2008
License I Status I License Orig. Iss. Expir Primary Owner Business Name Mailing tj
Number Type Date Date and Premises Address Code
Addr.
1) 321648 ACT 48 12/27/1996 11/30/2008 GENTS GENTS 3610
ORGANIZATION COMMUNITY
1462 E ART CENTER
TOWNSEND DR ORGANIZATION
SAN
BERNARDINO,
CA 92408
Census Tract:
DOn
2) 396203 ACT 48 12/31/2002 5/31/2009 CAPPADONA TARTAN THE 3610
CAROLC
nilD) '-I fC6/?,( 1602 E
HIGHLAND AVE
SAN
BERNARDINO,
CA 92404
Census Tract:
0062.02
3) 440727 ACT 48 7/24/2006 6/30/2009 VAN SANT SPORTS PAGE 3610
BRIAN
f!3 1 7 "s" G/'? /'69 RAYMOND
1225 E
L YNWOOD DR
SAN
BERNARDINO,
CA 92404
Census Tract:
0062.02
4) 447307 ACT 48 12/7/2006 11/30/2008 CRAIG FRANK LCS 3610
LEE GREENBRIAR
'1173~Y: 1259 E
~M/1/t L YNWOOD DR
SAN
BERNARDINO,
CA 92404-2752
Census Tract:
0062.02
Fl393982 IACT Iral2/3/2003 113112009 I SAMFORD II SOUTH SIDE 11376 E BLAINE 1136101
19Q<;70 3/2.3/?;J
http://www.abc.ca.gov/datportlAHCityRep.asp
8/29/2008
Page 2 of4
CELESTE MARIE SALON CC & E ST
495 E RIVERSIDE,
REDLANDS CA 92507
BLVD
SAN
BERNARDINO,
CA 92408
Census Tract:
0073.01
6) 462128 ACT 48 3/26/2008 2/28/2009 ONE 11 LARK THE 3610
10(,:,14<)" c;/zo 1'31 YOUMACK
INVESTMENTS
INC
917 INLAND
CENTER DR
SAN
BERNARDINO,
CA 92408-1809
Census Tract:
0060.
7) 427369 ACT 48 8/24/2005 7/31/2008 KILPATRICK FLASHBACKS PO BOX 8236 3610
",00 II LEIGH JANE RED LANDS,
123 NEST CA 92375
5/9/'60 SAN
BERNARDINO,
CA 92401
Census Tract:
0057.
8) 444269 ACT 48 111212006 10/3112008 KT BUSINESS RED FOX THE 11708 3610
ENTERPRISES PARKMEAD
2/1qlj2- INC ST
'2./18/'tl 3142 NEST SANTA FE
SAN SPRINGS, CA
BERNARDINO, 90670-3654
CA 92405
Census Tract:
0046.02
9) 251130 ACT 48 10/1/1990 10/31/2008 FELIX BENJAMIN 3610
149 N MOUNT
VERNON AVE
SAN
BERNARDINO,
CA 92410
Census Tract:
0049.
10) 361108 ACT 48 2/3/2000 1/3112009 PEREZ SAUL EL FARALLON 2138 N 3610
G'i:(,<;; 'L DiAl EASTWOOD
IArd"-Y't. 12/311q3 1227 N SIERRA SANTA ANA,
'NY CA 92705-
SAN 7007
BERNARDINO,
http://www.abc.ca.gov/datport/ AHCity Rep.asp
8/29/2008
Page 3 of4
UUUUUU CA 92405 UU
Census Tract:
0055.
11) 409729 ACT 48 5/4/2004 4/30/2009 HARRISON MUSIC ROOM 3610
RONNIE LYNN
l'IG<;21 Lf /~ /9( 4360 N SIERRA
WY
SAN
BERNARDINO,
CA 92407-3823
Census Tract:
0045 02
12) 350965 ACT 48 3/7/2007 3/31/2009 INLAND PACIFIC CARLOS 3610
INVESTMENTS OBRIENS
l'.LtP LLC
440 W COURT
? ST
SAN
BERNARDINO,
CA 92401
Census Tract:
0057.
13) 270951 ACT 48 4/16/1992 1/31/2009 CALDERA CLUB TRINIDAD 3610
ROBERTO K
1562-1/2 W
FIFTH ST
SAN
BERNARDINO,
CA 92411
Census Tract:
0043.
14) 71796 ACT 48 3/6/1979 6/30/2009 HASSETT MARQUIS 3610
DENNIS M LOUNGE THE
1036W
HIGHLAND AVE
SAN
BERNARDINO,
CA 92405
Census Tract:
0046.02
=
15) 301269 ACT 48 12/13/1994 11/30/2008 RENDON CHAVELAS BAR 10325 MILLS 3610
ALFREDO A AVE
1180W MONTCLAIR,
HIGHLAND AVE CA 91763
SAN
BERNARDINO,
CA 92405
Census Tract:
0046.02
= 112/22/2007 114/30/2009 II LOPEZ JESUS II LA CONSENTIDA II 113600 I
[16)11449549 II ACT II 48
)'12.(,7()
7/"/'72...
httD:I/www.abc.ca.gov/datportlAHCityRep.asp
8/29/2008
Page 4 of4
1950W NIGHT CLUB
HIGHLAND AVE
SAN
BERNARDINO,
CA 92407-6504
Census Tract:
0041.
17) 436109 ACT 48 4/20/2006 3/31/2009 HEDRICK ELGIN & FAGAN 3610
)..12.2<( I GREGORY
1_1 {'(, l'fi ROLLAND
336W
HIGHLAND AVE
SAN
BERNARDINO,
CA 92405
Census Tract:
0053.
18) 373971 ACT 48 3/9/2001 2/28/2009 COEN ALlFONSA LULUS HIDEOUT 3610
'J.-O 31,(J7 1958 W RIAL TO
6(20; /'67 AVE
SAN
BERNARDINO,
CA 92410
Census Tract:
0049.
-- - End of ReDort -- -
For a definition of codes. view our glossary.
htto://www.abc.ca.fl.ov/datoort/AHCitvReo.aso
R/29/200R
LAW OFFICES OF
/IciIU [g (C:_J i Zi !J ; (~ 10" )
,Jl ' ,
, , I
,1_,iL / '.:'008 /
ROGER JON DIAMOND
2115 MAl N STREET
SANTA MONICA, CALIFORNIA 90405-221;5
TELEPHONE (310) 399-3259
FAX (310) 392-9029
rogdlamond@aol.com
'.-:ITY OF' S/,N ~;:-:f-C!i;,i"LJI~~O
rJEV~LOP~/i[NT Si:iTlli"':E.S
.' jfPA'iTMFN r
July 25, 2008
En~ered~nto Rec, at MCC/CDC Mtg: rI-;/o'l
by. G:~ Q~ j ft
Agenda ffe No: '13 1 /t' -
by: C?-!_:--clu.( h, C-Lt<./vk.
City Clerki'CDC Secretary
City of San Bemardino
Terri Rahhal, City Planner
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418-000 I
Re: Manta ManaQement Conditional Use Permit No. 08-03
(Aooeal No, 08-02)
Dear Ms, Rahhal:
Thank you for your letter of July 22, 2008 stating that the appeal hearing had been set
for July 21,2008 but that the appellant did not get proper notice, Accordingly, you state
that the appellate hearing has been continued to August 4,2008.
In your letter you state that if! have any questions regarding the August 4, 2008 appeal
hearing I should contact Henry Empeno by phone at 909/384-5235, I am not calling
him because I want a written record of exactly what has transpired between the City and
Manta Management.
You state in your letter of July 22,2008 that "appellant did not receive proper notice of
the hearing, , , ," Please tell me by letter exactly what notice appellant did receive, You
state it was not proper notice but that implies that that we received improper notice. In
fact, we received no notice,
Please tell me precisely what notice you believe appellant did receive, Please explain
why the notice was not properly given.
This is relevant because Manta Management did not get proper notice of the hearing
before the City Council with respect to the June 16, 2008 hearing regarding the
determination of public convenience or necessity with respect to the ABC license, I
contended at the June 16,2008 hearing that Manta Management did not get proper
notice of the June] 6, 2008 hearing but somebody in the City said we did, In fact,
Manta did not. The City of San Bernardino has had a history of not giving proper
notice,
.;;&v/iWS( #"13
If 7'3
J>. f--orf
1-,,;UJ?
ft4J?
q- Jr--{)?
letter
July 25, 2008
Page 2
The fact that we did not get proper notice for the July 21,2008 hearing is evidence that
corroborates our claim that we did not receive proper notice for the June 16, 2008
hearing. The reason this is all relevant is that the lack of adequate notice for the June
16, 2008 hearing led the City Council to make a determination adverse to Manta
regarding the public convenience or necessity issue. Proper notice for the June 16,2008
hearing would not have led to such a determination. That is important because the June
16, 2008 adverse determination by the City Council led the Planning Commission the
following day, June 17, 2008, to deny the application for the conditional use permit.
You acknowledge this in the staff report.
It is the June 17, 2008 decision by the Planning Commission (which the City
acknowledges followed from the June 16, 2008 City Council determination made
without proper notice), that we are now appealing back to the City Council. The City
Council should have heard this matter on July 21,2008 but the City failed to give notice.
Why did the City not give proper notice?
With respect to the new hearing date of August 4, 2008 please provide me and my client
with copies of all of the files of the City of San Bernardino with respect to the issuance
of ABC licenses in the Flesh Club district. As you recall it was previously determined
that there was a limit of two ABC licenses for the district wherein the Flesh Club is
located. Yet, a great many licenses have been issued, well beyond the two limit. We
believe this is blatant discrimination. Indeed, the initial ABC license issued to the Flesh
Club in 1993 was for a type 48 license. All we really want to do is restore the status
quo ante by reestablishing the type 48 license.
In the alternative, we would like a type 47 license, a license which apparently has been
routinely granted throughout the reporting district.
In any event, please have the files available for review,
Thank you.
SP9'rely,
\~~ ~ ~1~
ROGER N DIAMOND
RJD:jb
cc: T. Neptune
California ABC - License Query System - Data Summary
California Department of Alcoholic
Beverage Control
License Query System Summary
as of 8/4/2008
ILiccnse Information I
lLicense Number: 298217 Status: CANCEL I
!primary Owner: MANTA MANAGEMENT CORPORATION I
iABC Office of Application: RIVERSIDE I
IBusiness Name I
lDoin~ Business As: FLESH I
jBusiness Address I
iAddress: 100 W HOSPITALITY LN Census Tract: 0060. I
ICity: SAN BERNARDINO County: SAN BERNARDINO I
IState: CA Zip Code: 92418-3308 I
ILiccnsee Information I
\Licensee: MANTA MANAGEMENT CORPORATION I
I Company Officer Information I
I Officer: WELTY WALDON R, CHIEF EXECUTIVE OFFICER I
I Officer: WELTY WARD RYAN, SECRETARY/ASST SEC I
ILicense Types I
i I) License Type: 48 - ON-SALE GENERAL PUBLIC PREMISES I
License Type Status: CANCEL
I Status Date: 15-MA Y-1998 Term: 12 Month(s)
I Ori~inallssue Date: 05-0CT-1994 Expiration Date: 30-SEP-1998
I Master: Y Duplicate: 0 Fee Code: P40
I Condition: OPERATING RESTRICTIONS
I License Type was Transferred On: From: 169348
I License Type was Transferred On: 19-MAR-1998 To: 340879
ICurrent Disciplinary Action I
~ . . No Active Disciplinarv Action found. . . I
IDiseiplinan History I
\Violation Date: Re~. Number: 96036282 Cleared On:29-JUL-1997 I
I Reportin~ A~ency: ONTARIO P.D. I
: 1) Char~e Date: Section Violated: 24200(a) I
Char~e: GROUNDS FOR ACTION I
2) Charge Date: Section Violated: CCR Rule 143,143.2(3), 143.3(l)(a,b &
d,143.3(2)
I Char~e: LEWD CONDUCT I
http://www.abc.ca.goy /datport/LQSdata.asp?ID=298217000
Page 1 of2
08/04/2008
California ABC - License Query System - Data Summary
I 3) Char~e Date: Section Violated: 23804 I
I Char~e: VIOL. OF CONDITIONS I
I Proceedin~ Status: COMPLETE Decision: OFF CALENDAR
I Suspension Days: Stayed Days POIC/Fine:
I Suspension Start Date: Suspension End Date: I
I Proceedin~ Status: COMPLETE Decision: SUSPENDED
I Suspension Days: 30 Stayed Days 10 POle/Fine:
I Suspension Start Date: 24-JUL-1997 Suspension End Date: 13-AUG-1997
IHold Information
I. . . No Active Holds found. . .
Escrow
I
I . . No Escrow found. . .
- - - End of Report - - -
For a definition of codes, view our glossary.
http://www.abc.ca.gov/datportlLQSdata.asp?ID=298217000
Page 20f2
08104/2008
California ABC - License Query System - Data Summary
California Department of Alcoholic
Beverage Control
License Query System Summary
as of 8/4/2008
ILicensc Informatinn I
[License Number: 465271 Status: WITHDRAWAL I
IPrimary Owner: MANTA MANAGEMENT CORPORATION
[ABC Office of Application: RIVERSIDE
IBusiness Name
Inoin~ Business As: FLESH SHOW GIRLS
IBusiness Address
[Address: 100 W HOSPITALITY LN Census Tract: 0060.
ICity: SAN BERNARDINO County: SAN BERNARDINO
IState: CA Zip Code: 92418-3308
ILiccnsec luformation
[Licensee: MANTA MANAGEMENT CORPORATION
I Company Officer Information
I Officer: WELTY WALDON R, CHIEF EXECUTIVE OFFICER
I Officer: WELTY WARD RYAN, SECRETARY/ASST SEC I
ILiccnse Tvpes I
I 1) License Type: 48 - ON-SALE GENERAL PUBLIC PREMISES I
I License Type Status: WITHDRAWAL I
I Status Date: 23-JUN-2008 Term: Month(s) I
I Ori~inal1ssue Date: Expiration Date: I
I Master: Y Duplicate: 0 Fee Code: P40 I
I License Type was Transferred On: From: 226949 I
ICurrent Disciplinarv Action I
l . . No Active Disciplinary Action found. . . I
In;sciplinan Histon I
I . . No Disciplinarv Historv found. . . I
IHold Information I
lHold Date: Type: FORM 220 I
lEscro" I
Escrow: ABC ESCROW] 7383 W SUNSET BLVD STE A310 PACIFIC I
PALISADES,CA 90272-5106
- - - End of Report - - -
For a definition of codes, view our glossary.
http://www.abc.ca.gov/datportlLQSdata.asp?ID=2029548145
Page 1 of 1
08/04/2008
California ABC - Business Address Query
Page 1 of 1
CALIFORNIA DEPARTMENT or
.LLCOHOLlC BEVERAGE CONTROL
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
LICENSE QUERY SYSTEM - BUSINESS ADDRESS QUERY
More than one record was found to match your Business Address criteria.
Please click on a license number below to narrow your selection:
[premises Address IICity
1.TI11100 W HOSPITALITY LN IlsAN BERNARDINO
1100 W HOSPITALITY LN IlsAN BERNARDINO
f'f9$'
JIM.e- 1- "b i -,..tJ (>8
Conditions of Use I Privacy Policy
Copyright @ 2008 State of California
http://www.abc.ca.gov/datportlLQSPremLst.asp?Addr=. 1 00%25W%25%25HOSPIT ALl... 08/04/2008
PLANNING
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
TO BE HEARD AT 4:30 P.M.
39. Public Hearing - 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. (See Attached) (No Cost to the City) Ward 3
Appellant:
Manta Management Corp.
c/o Roger Jon Diamond
2115 Main Street
Santa Monica, CA 90405
Owner:
CMGH LLC
c/o Lawrence Wessel
740 S. Bunting Ct.
Anaheim, CA 92808
Request/Location: This is 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.
Mayor to open the hearing . . .
No Action Taken
MOTION: That the hearing be closed; and 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.
Approved
MOTION: That the matter be continued to August 4,2008.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
City Attorney
40. Ordinances extending a temporary moratorium on the establishment and
operation of new parolee/probationer group homes, registered sex offender
group homes and unlicensed group homes. (See Attached)
(Item Continued on Next Page)
# 'I-J
't-l(- Or-
18
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTIO:\'
From: Valerie C. Ross, Director
Subject: Conditional Use Permit (CUP) '\)0. Og-03
(Appeal No. 08-02) - An appeal of the
Planning Commission Denial of CUP 010.
08-03, a request to obtain a Type 4g
Alcoholic Beverage Control (ABC) license
at 100 West Hospitality Lane.
Dept: Development Services
Date: July 9, 2008
:\lCC 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 l,'Tanting 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
or Conditional Use Pelmit No. 08-03, a request to obtain a new Type 4g ABC license at 100 West
Hospitality Lane.
~v.R~
Valerie C. Ross
Contact person: Terri Rahhal, City Planner
Phone: 384-5057
Supporting data attached: Staff Report
Ward(s):
3
FUI'iDING REQUIREMENTS: Amount: N/A
Source: (Ace!. No.)
(Ace!. Description)
Finance:
Council Notes:
Agenda Item No.
:3~
7--:J./-O,?,
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
ST AFF REPORT
SUBJECT:
Conditional Use Permit (CLJP) 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 tiled 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
Nccessity (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-lB.
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) werc also
considered by the Planning Commission in the decision to deny CUP No. 08-03.
FI:'oIANCIAL IMPACT:
Nonc .. A tiling 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 dcnial
of Conditional Use Permit No. 08-03, a request to obtain a new Typc 48 ABC license at 100 West
Hospitality Lane.
EXHIBITS: 1. Appcal 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
')
06-11-Z008 03:45pm From-CITY OF SAN BERNARDINO PLANNING OEPT
1093845080
EXHIBIT 1
CITY OF SAN BERNARDINO
Development Services Department, Planning Division
300 North "D" Street, 3rd Floor
San Bernardino, CA 92418
Phone (909) 384-5057 . Fax (909) 384-5080
Web address: www.sbcity,org
APPLICATION FOR APPEAL
APPEAL FROM A DECISION OF THE (check one)
o Development Services Director
o DevelopmemlEnvironmental Review Committee
JK' Planning Commission
\00
U re P-ty...: t ~o.
r\oS'p',tal;ty
og-o",!
L.".,e
Case nurnber(s):
CClI".,I,tlo",..1
Project address:
w~S"t
Appellant's name: f\I\ ell" t a. tv\ a... Q.j ~ ...l"" +
Appellant's address; r/o (<og~... J.." Dla......."'.,l 211S" ,,",0;... S'b-eat. i"ANrA MONIcA
Appellant's phone; (310) :1 't q 3''2.. 5"q C...I: forl\i.. q 0 -4 D 5"
Appel1al1t'se~mai\address; DC> No, uSE e-.....,,;\ ROGO/AMONd @AOL.(or'1
Contact person's name: RO.1f< To.... O\a~oh.{J (at"or,,~1..j .r;,y MtM+'" ,...JtJ
Contact person's address: "'2 \ I $" 1-'\0., ... ..r h ell + I S"'A N T A f\.\ 0 N k A, (' ..l { q 0 -4 0 .r
Contact person's phone: 0'D) .]'q't J1 Sq
Contact person's e-mail address;
Pursuant to Section 19.52.\ 00 of the Development Code, an appeal must be filed on a City application form
within 15 days following the [mal date of action, accompanied by the appropriate appeal filing fee.
Appeals are normally scheduled for a determination by the Planning Conunission or Mayor and Common
Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific dare and
time of the appeal hearing.
OFFICE USE ONLY
Date apPeal filed:
Received by:
111M
06-19-2009 03:46pm From-CITY OF SAN BERNARDINO PLANNING DEPT
9093845080
T-'" P.005/00B F-287
REQUIRED INFORMATION FOR AN APPEAL
'Specific action being appealed and the date of that action:
~ en~e.\ 0 F (~d.-t,~",t u.re
I'l"\.. ::rL.>,...e- II. LOO~
P1al'1n'I'13
l)Pn.....+-
(0 ""l""'I' S"..'~S
No 08.-0:r
Specific grounds for the appeal: I.,.r..(,c, 1'I~...t- ~".d~... U1. t. d e",'I' a p~ \, r.+'....... , \"'.., " '''''
(OY"'\M.S.f/fi... \-Jar l.o~...d1 1-'1 -err~"ll\J.r d~"f'",- ..t (",t., (......,t',1
o v"e. \' "toad' ~p . r v..\..+......r
.... F"'....~+. .~L J h.f
.(vtPf"I~ (....rt ,., PPopLR v. M.,....+.. Mp"''''';y>N'<'.t-J S'(''' 1.5' IS- ~
a"J, dee,,,,,,,,, .f (01.,,+ If- Appe..( 6-t J"""tl""..,,')> 26. tGftft/ ,..., I:O\~6J'.r:
A\So (....h",t, ~ .:r\J""~ Aivarf'l.- tARt.f."," I'" S'C"S.f \,-,'2.~S'" (~J L'3,;'~ r...r...J
Action sought: R ~v E'a. re- Cl f"c,.r I.n.. . of' P t-A.. ...., .. t:: ( D"" "" , .r .r'rl'I "....1
0.... dRy rv P \.J:j~f!J2 ( to.., + 1- ~ ....rd\A,...I..~ (' .,...,,d. +.,....r I ,'" ,..I~d I "';]
\-'1P~ . 4.' \"..hdl", "..t- +-'7f~ 4cP \":.,,,../p
Additional infonnation:_P \ PC:Ue.. (l1I....n by t~:.r a rp p...l a \ dYo'j
w,H, ver"",rrh..-..t'd\-- "f ",1"1<..- ("4"'-\'"'~t'\,I"..,u, r;-t?
n.LCq.('J".t.., PCU:/dVl . f' cd! CD......,;l a{ .:r-,",~~ I;:;. ~oo.s.
C,b., (..,........,;\ rv-.:ll, ~e'~f,"'-"r" ~\....NE' \6.LOOcf' ?f..t;?t:'Sf~
'o.e,...a,.Je. ;t \..<a..r ~~d..e k,,;u.~~~ od!.Pq'-'''+~ ,.....,,+\<.-1.
fD ,,^a-\-... !'v\t.:;""'''~ohU'~t. N,11/,..t ~f ~v...er ~6. LOud'
(,~... (o....~(.l """.#+\~5 Lva.f mol., !jiu~- ,I\.... G'da<:> ,
:r",,,~ \1._ LooR. "^a"~",,,,...'lY"""'''+- \,w,11 s....ct M"'~DYI
'\'\~l"'d,-"l (O,",",c, I '('(\.(\""ll...et.r, a...J/ f).."...."':7 (OVlAy...".r-rttfl..
11--(> ""I.e\"(' -C., \.I1,\",.h"".1 ""j"'-t-J' ..+ f'vIt::"'''''~, ....f'-e..e La/.<:
_\..(00.1.1.............4...,.; \I. (o....+~ ~ r [\II"'....;. S'15"' r.1J \2'S- (9+L
(,\'(....t '"2'DO~) ,
Sigr.atureofappellant: (2.~.:r8\-. ~,,,,,,,",,...cfJ Date:Q'v~ 20,(DCl.::f'
At -tlHN'7 {ov A fP@ )\el.1
2 lito.>
EXHIBIT 2
OFFICE OF THE CITY CLERK
RACHEL G. CLARK. CITY CLERK
300 North "0" Street. San Bernardino' CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.sbcily.org
~
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,
J J.. CJ . 1
~~-t..lu.t .:). L<vL4C
Rachel G. Clark
City Clerk
RGC:lls
pc: Development Services
CMGH LLC, c/o Lawrence Wessel, 740 S. Bunting Court, Anaheim, CA 92808
CITY OF SAN BERNARDINO
ADOPTED SHARED VALVES: Inte~ritv. Accountabilitv . Resnect for Hllm(ln Ojpnitv . Hnnp.,rv
EXHIBIT 3
CITY OF SAN BERNARDINO
Development Services Department - Planning Division
Interoffice Memorandum
TO:
Planninll COIJ1~sjion
7"~
Terri Rahhal, Deputy Director/City Planner
FROM:
SUBJECT:
CUP No. 08-03: Flesh Club Request for Type 48 ABC License
Staff Report for June 17, 2008 Agenda Item 5
DATE:
June 12,2008
COPIES:
Valerie C. Ross, Director; Henry Empeiio, 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.
Due to an over-concentration 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.
Section 19.36.050 of the Development Code sets forth seven findings 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 findings of fact as recommended
conclusions and the basis for denial of Conditional Use Permit No. 08-03:
CUP No. 08-03: Flesh Club Type 48 ABC License Request
6/11108 Memo to Planning Commission Page 2 of2
Findings of Fact:
I. 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. Furthermore, 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 determination 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. I 0: "The protection of the quality of l!fe shall 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 Permit No. 08-Cl3.
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 staff report memo.
Attachment: Request for Council Action for Flesh Club PCN Request
MCC Date: June 16,2008
CITY OF SAN BERNARDINO-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 of 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.
~tRuy
Valerie C. Ross
Contact person: Terri Rahhal, City Planner
Pbone: 384-5057
Supporting data attached: Staff Reoort
Ward(s):
3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. ~
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
PO Box 1674
Upland, CA 91785-1674
(909) 985-4935
CMGH LLC
c/o Lawrence Wessel
740 S. Bunting Ct.
Anaheim, CA 92808
(714) 281-2252
Flesh Showgirls
100 W. Hospitality Lane
San Bernardino, CA 92408
BACKGROUND:
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 II, 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 I).
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 ....ould 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) ....ould 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
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
86/82/2888 11:87 3188223512
SSJ LAW
PAlX: 83/86
VlN 0t0F1C68 OF
SOLOMON, iALTSIlIAJII oil JAMJ.SON
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r~ _t.. ...... 4\ Pro........ Code ScI"1III W58 4\ 23M8,..
M..a 11- _ ......... ,..... "..... .
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Deer HmIaable MmIIMn oltbe CiI3' COllDeIl:
T1Iia IetlIr tbII1l11'YW . MIIItII)I-.l. .......'. RIqu.& ax- lbe City of s.a BenIIrdiDo to
"-ita tIIIt dII ..,- of .AJC LiDIaII No. ~ eo MIIICa t6-....- will ... !be
Pablfo Cam-I__ or~ pu..... to BaI..t:}trot Code II 2395I.t: 23951.4.
.
Tbit ~ .... to ~....lbI Qty'. oaJy IduIt ~I.LI ......,... u It liamed
1D.o IIaoIIu& ~ By ddaItfaa, ....1""";".. wiII_ tbe public's comalience or
l1I" Ity hr-- dim: is -..-11) DO 1-_1. In lbe CII3' of SIIII BtauInIiDo _ otfer topl...
~ iD -,jllDr<fI"Cl whIllblllle ollIoolloUc IleYerqII. The UDited Sta1IIt Supmne Court
bIS IaeId ..., m- emir... the FIrst ~ prohihill ~tiae tom blanlnlldlllt
.......:......... C/tyolbrrltm." PI.",.. 7'1INtNI, /1rt:., (1916) 475 U.S. 41,48-49 (ho1diDlllhat
dat "86'-- mq DOt pat tbe l1li of & fbrum to pcop1c wIIoIc viewa it fIJ1cIIlCC8ptlble, bllt
deaf .. to lIloII wlIhlDa to __..._ 1_ fin.<<ncl. more COIItrOWtSial view9. ") (cilina Po/Ice
o.-hM afClty ofClrktzp Y. JltM/q, (1972) 40t U.s. 92, 95-~,
TIle I"......-f l1li fa c......-libIe . JIIId .. iD!be ~ JInolpI"'11ty .r- 1m,
wIIida iaabIo I~ _110 _ ,~ IDll ~ Boon but cIo IIIIt afIi:r 1biJ eIIC& filtm of
........ ,,- MdIII~faloaadiD.CR-3di~~ftlllJalaadl ......
an __ r \y IIIClIIIl'Ipd to be dc..~ iD tills cIbIriclt. 1buI,.... ..'"""' ol.. ABC Li=-
ID MallIa ~ wIJI ~ laW lbe pubtic -...-.'-'e or III( .ty of .AlIa ainIdy
ill dill .... dIveklped tbr ....let...1...-9Jt IIId ftlIl&lnalS -' who .. ,-,'-'''1 IIIuh IIIIiII1IiDmmIt
dJat abo lJJfen lbe sale of aIc:obotiD bcwapt. 1bie would It:lIllllt & City's iIIteoI: in IIOlIlna thlJ
cIiJIrlcl& fiIr IlJllh .... IDd datrtby IIIIlIriDg lIIat lhaC ... would be COIlVCIIIiIIItI)' locItecI elo8e ID
Clllh60Ahl>>.. . .
It II NlIpIllItblly nlqlIeSbld Iba'eCon CbIt tbe City a... ill dUcntion pet Business I:
PIotesslOllS Code f 23958 IIIll 13951.4 qd makillts ftMlns CbIt i_a of this license at this
B6/B2/2eee 11:e7
31ee223512
SSJ LAW
PA<X: 84/86
City CounoiI of Sill Bcmcdino
P.2 lJf2
June 2, 2008
loc:IllOll will serve pubUc couvemeace or necessity. See also Sepatis v Dtlnt of A/~nhollc
Bnmzft Corrtrot. 110 CA 3d 93 (1980).
Thank you for your time and coDllideration, UId pleuc fcocl1i:'= 10 conllCl me wllh any
questloas or COIlCem&.
Ve:ry truly yoon,
.tJAMIESON
ALLEN JAMIESON
Client
Tim (]ark, ABc Dislrict Adminilllnllor
Department of Alcoholic Beverage Control
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S)
ABC :! J I (6/99)
Slale of California
TO: Department of Alcoholic Beverage Control
3737 Main 51.
Ste. 900
RiverSide, CA 9250]
(951 )782-4400
DISTRICT SERVING LOCA TION:
File Number: 465271
Receipt Number: 1656218
Geographical Code: 3610
Copies Mailed Date: March
Issued Date:
EXHIBIT 2
19, 2008 ~
First Owner:
Name of Business:
RIVERSIDE
MANTA MANAGEMENT CORPORA nON
FLESH SHOWGIRLS
Location of Business:
100 W HOSPITALITV LN
SAN BERNARDINO, CA 92418-3308
SAN BERNARDINO
County:
Is premise inside city limits?
Mailing Address:
(If different from
premises address)
Type of license(s): 48
Transferor's license/name:
Ves
Census Tract 0060.
PO BOX 1674
UPLAND, CA 91785-1674
226949 1 SPLIT ROCK INC
Dropping Partner:
Yes_
No
/
License Tvpe Transaction Tvne Fee Type Master IhJz ~ W
48 ON-SALE GENERAL I PERSON TO PERSON TRANSF P40 Y 0 03119/08 $ 1.250.00
48 ON-SALE GENERAL I ANNUAL FEE P40 Y 0 03/19/08 $758.00
48 ON-SALE GENERAL I PREMISE TO PREMISE TRANS P4 0 y 0 03/19/08 $100.00
48 ON-SALE GENERAL J EXCHANGE UCENSE P40 y 0 03/19/08 $100.00
48 ON-SALE GENERAL I STATE FINGERPRINTS NA N 2 03/19/08 $78.00
48 ON-SALE GENERAL I FF.DERAL FINGERPRINTS NA N 2 03/19/08 $48.00
Total $2,334.00
Have you ever been convicted of a felony? No
Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the
Department pertaining to the Act? No
Explllin JIlY "Yes" answer 10 the ubovc quculons on an attachment which stulll be deemed p.rt of Ihis application.
Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the
qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the
provisions of the Alcoholic Beverage Control Act.
STATE OF CALIFORNIA County of SAN BERNARDINO Date: March 19, 2008
[hider penult)' of perjury, ellch person whose silnlllUre appeurs below, certifies and !IlY!: (I) He is an applicllnt, or one o( the i1pplic..nls. or an
~ll,ecufive officer of fhe JppJiCilllt corporution, nllmed in the (oreJloin, Ilppliclllion. duly authorized fa m..ke this appliclltion on iu bchulf; (2) lhllt
lIe has read the (orelolll, aud know! the contenu thereof Olnd thllt each o( the above slalemenlS therein made are troe; (J) that no persall other
Ihal1 the appJicllnl or llpplicanls !l0l5 any direcl or indirect interest in Ihe applicant or applicant's businen 10 be conducled under rhe license(!, for
which lhis appliclltion is made: (4) thlll the trans-fer appliclllion or proposed trllnsfer is- nOI made 10 salisfy the payment o( a JOiln or 10 fulfill an
Jsreerncnl entered into morc IhuJJ )Iinel) /90) dllYS precedin, fhe d..y on which Ihe IrOlnsfer appJicalion is (j/ed wllh the Depllrtmenl or 10 SOlin or
cstJblish it preferellce 10 or for ;lilY creditor or Iransferor or to defrllud or injure any creditor of lrans-feror; (.'i) Ihill the lransfer llpplicalion may
he Withdrawn by eilher the appJicllni or Ihe lIcensee .....ith no resultin. lillbility to the Deparlment.
Applicant Name(s)
Applicant Signature(s)
r'vIANTA MANAGEMENT CORPORATION
~ ZilA.j 2-(l~~J 2.2.1
Sf''' 2 J J Signatnr,. Pagp
State of California
APPLICATION SIGNATURE SHEET ("SIGN ON'?
Departmant of Alcoholic eeverage Contral
. Thll fonn II to be .Iea 8Ilhe signalure page for
appllcatlone not slgnea In the District Office.
. Re.d Instructions on reve"e before completlnfl.
. All s/flnatutU mu.. be notarized In ucordence wf1h
le_ of the S,.,. _ signed.
1. OWNERSKP TYP! ,en_ ane)
2. File NLHBI" {hnrl
3. UCfNlE TYPI
, B Sole Owner
I Partnership
o Husband & Wife
o Partnership-Lid
I'" TRAH8ACTJOHTYPI
I' 0 Original 0 Person to Person Transfer
I 0 Exchange 0 Premise to Premise Transfer
I OOthcr
o Corporation
o Limited Liability Company
o Other
4U';;;?,-'7 (
145
5. N'PIJCAH1'ISl NME /LIIIIL ... mddlt)
MANTA MANAGEMENT CORPORATION
.. APPUCNIT'8 UMJNCJ ADDItUI (Bnet ......0. boll. oIv.lID. lip code)
~.()."bcX' /(074 (Jo/(jfl{'}j(lA ql'7'g~
1. PRe.... ADOfU!IIII ,............ zip..) I
100 W HOSPITALITY LN, SAN BERNARDINO, CA 92418
APPLICANT'S CERTIFICA TION
Under pen.lty of porju'1',_h p.....n who.e .i.....u.. .PP"" p.yment of. Joan or to 1Id1l1~an en. entered into mo.. than
below, omill.. ind SlYO: ( ) He/She ;.10 appliClft~ or on. of .i.~ (90) d.y. Jl!Oooclin,lhe day (,\01ioh ~fer
the .ppllOll1I1, or 10 ",ocullve officer of.he appliolOl .pplio.lJon i. J1lid with the iM~ (6) OIlIblilb.
corporation, named in the fore,oinl ~Jicationl duly authorized preference to or for any5i'to or trInIlCII'Or, 'or dehud or
to mllee thi. appliOllioo On illbehlilf, ) that he/aIKi bat rlld Injure any oredltor or Ir IllItlb. tr... er appllo.tion
the fore,oin, and know. the oo.ten'. t _hnd .h.loaoh oflh. may he withdrawn by .ilhe IS~*"IiMoI" ~"h no
above .....menll the..ln made are '111I; (3) Ibat no p.....o other r..ultin,liability to lb. Deoortme!. ''''yc ....on I
tbln the appliclOI or IfIPliolOlI hu IOY dlrec. or indirect interOlt I undOnllnd Ibll in f'lil fa quali ,...."jqpc,.. or wi w Ibi.
in tho applfcant or ~Ifcanl'. bu.inea to be conducted under the ~Jjcadon tb.. wUJ be . lervlCO c ar;....61"6W1Rourth of tho
Iicen'e(.J for whicJfthJI application i. mad.; (4 Ih.t tho tran.fer hceue tee paid, up to SIOO.
I Iication or ro lid tl'aa.'. i. not mid. to . ..tit tho
SOLE OWNER
L PfIINTI!D N4NI CUll..........)
.......TUIll!
X
PARTNERSHIP/LIMITED PARTNERSHIP (Slgnaturee of general partnel:J.QD )'r..,,, ,
I. fWfTNM'8 P'MIfID NoW! CUlt, _ ~I IIGtMTUM DATI! ItGNID
x
prnl ~ 7
PARTNER'S PAlHTEO N.wE (lMI:...... mIddIIl
IIGN4TURI
DATE 8lQN!D
x
Secretary 0 Asst. Secretary 0 Chief Financial Officer
LIMITED LIABILITY COMPANY
11. The limited liability company i. member-run 0 Ye8 0 No (~no, complele Item ~12 below)
12. NAMI! OF DflllOHA TED ~OER. MNUiGfNG ..~ OR OI!IIIOHAT!'D OFFIceR ,....., l'Itlt, mlcldIe) ABC INIT~TE (ABC u.- odIJ
x
I. ,I . P \ I~"'''J ""..(,..'...
PAATNER'I PAfNTED NAU! ,....., ItIt, ~)
~j., ...' ..
.,
. , o.+.rr
'3 MEMBER'S PRINTED NAME (Lut, ~at. lTIldM)
SIGNATURE
DATE StGNED
x
L5
,ij
MEMBER'S PRINTED NAMf (LIIL ~I'IL mildej
SIG""'TURE
,x
"SIGN ON"
ABC-211-SIG (2103)
Alcoholic Beiifif2U& CU.trOI
Rive, Slue
BOO-d 1Y~O~
_________J._______
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PLANNED OPERATION (RETAL)
SECTION ,- ALL IlnAIL ~
I. ~......
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MANTA MANAGEMENT' COrtrOfl,\TIOH
1 AIDRIII__............._
100 'If' IfOSPITAUTr Ul. SAN llJUltUDlNO. CA 92AII
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Alcoholic Beverage Control
Riverside
A~7 CFlEVERSE) (12103)
efTl OF SAN BERi\ARDL\D
Dt'I'f!loplllt'1lt St'rI'ices Departlllt'llt, Planning Dh'isioll
300 \'orth "D" Slrel:l. .~r.,; F;, h..;J
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Phont' 19(9) JS~-51;5- .
\\<b Jddr, EXHIBIT 3
ALCOHOL BEVERAGE SALES StPPLE\lE:\TAL APPUC\ TlO:\
DIRECTlO.'S TO APPLlCA:\'T
This form must accompany your City application (Conditionallse Permit or Development Permit) for sales
uf Alcuhollc Be\erages. Fill in your name and th" premises address (location) for which you are making
applIcation tu sdl alcohol Take this form to:
D"partl1lent of Alcoholic Bev"rage Control
RI\ erside District Office
r37 .\1ain Street, Suite 900
Riverside, CA 92501
l)iJ<J 782-44(JU
SECT/O:\ TO BE COMPLETED BY APPLICANT (prmtcdJ
.\ppllcant's name: Manta Management
".ddrcss ofprel1lises: 100 W_e~t__H_oapitality L,ane,.
San Bernardino, CA 92407
SECT/O:\' TO BE CO,\IPLETED BY ABC REPRESE:\TATI\'E
The purpose of this form IS to assIst the City of San Bemardlllo Police Department in their investigation by
providing sume preliminary information and the Planning DiVISion in determining \\hether the applicant \vill
ne"d a Finding of Public Convenience or ""ecessity (PC,,") from the City Council. Your assistance in
cumpkting this form is appreciated.
fhis >cC[jonto be completed by the reI ie\\ ing ABC Reprcsentatile
rvpe 01 Llcells" IClrele une): 21)
21
4U
-ll
4~
5')
61
Other:
CC:l.':iLlS Ti~l~L
(~'(' . /-;-{'
\ulnber or Licenses ,\1/0\\ ed.__L._
:\umbcr of Existing Licenses:
;)5
Bibed Oil the abol'e, the premises CJ are L.J are not In "n area which has an overconcentrat;on of
J:i...\J!:uliI..: be\-.:rJ,:Sc..' !ll'C::I~S(;'S oftht: t.,pc: :::iuugjJ(
DEPT. 0' AU'OR()[IC IlEVWGi: 00Nl1l0I.
3737 'L\lN ST., S'rE, 9UO
, ,- m ~""Wt.,l A -mtr- .---.- ---- - -----
S,;l~JldrC ll: ABC Rcpr.:scnIJIJ\C:.
DJle:
California ABC - Lic.:nse Qu.:ry System - Uata Portal
ragt= I VI J
('
EXHIBIT 4
California Department of Alcoholic Beverage
Control
For the County of SAN BERNARDINO - (On-Sale
Licenses)
and Census Tract = 0060
Report as of 3/24/2008
Llcen.. Q~lcen'1 Orlg. 151. ~ ,::~:~%~~:r Bu.lne.. Nam- Mailing
Numbe U Type Date ~ Addr. ". Addre..
1) ..,' ,""CT 47 5/30/1979 12/31/200e ARG ~TUART 1410 EL CAMINO
ENTERPRISES ANDERSONS ~EAL STE 201
INC BLACK ANGUS LOS ALTOS, CA
~90 E RESTAURANTS 94022-1002
~OSPITALlTY LN
SAN
BERNARDINO, CA
92408
~
~,
3610
~) ". :," ACT
47
8/14/1961
Census Tract:
5~060.
12131/200tlfIJOJOS OJOS 1232
~ESTAURANTS
INC
242 E
HOSPITALITY LN
SAN
~ERNARDINO, CA
2406
5780 FLEET ST
CARLSBAD,CA
2008-4715
610
3)'" "CT
47
1I17/1985
Censu. Tract:
5~80. 2;
12131/200!lff;~ TORITO EL TORITO
I"ESTAURANTS
INC
118E
-lOSPITALlTY LN
AN
BERNARDINO, CA
92408
Census Tract:
80.
12131/200a ....EC ;HUCK E 0 BOX 152077 3610
ENTERTAINMENT CHEESES 415 IRVING. TX 75015
INC
~55 S E ST
SAN
3ERNARDINO, CA
2408
5680 KA TELLA
AVE STE 100
~!.PRESS, CA
",,630-5058
3610
CT
41
9/9/1985
Census Tract:
060.
nnT In7 10/27/1986 12/31/2008 L TORITO
RESTAURANTS
INC
280 HOSPITALITY
N
EL TORITO
5660 KATELLA
AVE STE 100
CYPRESS,CA
0630-5058
n
hltp: www.abc.ca.gov/Jatport AHCounty Rcp.asp
03,24/2008
California ABC - License Query System - Data Portal
page L ot :)
~AN
BERNARDINO, CA
92408
~CT
47
10/14/198r 4130/2008
Census Tract:
0060,
i,;/J
:ORPORA TION
89 E
~OSPITALlTY LN
SAN
BERNARDINO, CA
92408
AMAZA TO OF
APAN
3610
) :' ACT
:ensus Tract:
060,
47 /12/1988 12/31/200f 3MRIINC ED LOBSTER ~O BOX 593330 "610
195 E 516 JRLANDO. FL
HOSPITALITY LN p2859-3330
SAN
BERNARDINO, CA
2408
~ensus Tract:
boeo.
) .. '0," ACT 47 1/11/1990 '31/20081r~H HOTEL SAN
:_.J'
...ORPORATION BERNARDINO
85 HOSPITALITY -iILTON
N
AN
~ERNARDINO. CA
92408
Census Tract:
~
9) ;>,' ',.' '1CT 47 3/8/1993 31/2008 NG & TANG OTUS
NC GARDEN
111 E RESTAURANT
HOSPITALITY LN
SAN
BERNARDINO, CA
2408
Census Tract:
0080.
10 .. CT 47 1I11/1993 /31/2008 NATIONAL ~A TIONAL
:>RANGE SHOW pRANGE
89 S E ST SHOW
~N
BERNARDINO, CA
92408
:ensus Tract:
060.
11 '" ACT 58 6/11/1993 /31/2008 A TIONAL NATIONAL
ORANGE SHOW JRANGE
89 S E ST SHOW
~AN
BERNARDINO CA
92408 '
:ensus Tract:
610
=eiO
1/3610
J610
http: www.ahc.ca.gov. datport AHCountyRep.asp
0124 2008
California ABC - license Query System - Data Portal
,!
!UI
12
/I II 1~060 II
16/11/1993 15/31/2008 ~ATIONAL NATIONAL
pRANGE SHOW ORANGE
689 S E ST SHOW
SAN
BERNARDINO, CA
2406
IL-JI
~CT 68
13
..CT
47
/27/1998 /31/2008
:ensus Tract:
060.
MF BOWliNG
CENTERSINC
299 W ORANGE
SHOW RD
SAN
BERNARDINO, CA
2408
I~F
ARROWHEAD
LANES
14 .-".:'" ..CT
47
ji!20/1998 /31/2008
~ensus Tract:
0060.
SiNGH SUR/NOEl< pELHI PALACE
PAL ICUSINE OF
001 DINERS CT NOlA
SAN
~ERNARDINO. CA
~2408
Census Tract:
0060.
~CCORKLE
~ESTAURANT
3ROUP INC
1800 S
WATERMAN AVE
SAN
BERNARDINO, CA
~2408
15 ;1..,:',.
.CT
41
5115/2000 4/30/2008
IZZLER
16
II,CT
:ensus Tract:
60.
47 /27/2001 /30/2008 AKIMIAN ~OOL CLUB
VAROUJAN ART
1948 SOUTH E ST
..
,AN
BERNARDINO, CA
92408
17.
.CT
:ensus Tract:
060.
WNGSAWANG
PORNPUN
1981 DINERS CT
SAN
BERNARDINO, CA
2408
~APAVA BAY
rHAI CUISINE
9/14/200 1 ~/31/2008
41
Census Tract:
060,
f181n' fCTll47lr4/2002 It2l31/2001 ~ESTAURANT
I I I II I 'ENTURES SB
nltp:-, www.abc.ca.govJatportAHCountyRcp.asp
Page j ot ,
II
ILJ
P610
8100 AMF DR 3610
MECHANICSVILLE,
VA23111
=ew
4625 FIRESTONE
DR
-RISCO, TX 75034
3610
610
610
I '0 BOX 8591
iRANCHO
il
0324,::'008
California ABC - License Query System - Data Portal
Page 4 ot ,
INC jcUCAMONGA, CA
1987 DINERS C T ~1701
/sAN
IBERNARDINO, CA
~2408
Census Tract:
n060.
19 "CT 41 6/1912002 7/31/2006 OSES MEXICA NOSES 41 S ALLEN ST 3610
OOD INC "EXICAN AN
/S~O S E ST FOOD ~ERNARDINO, CA
AN /92408-2282
IsERNARDINO, C A
92408
Census Tract:
060, 3610
0 ' , . ~: ~CT 47 9/15/2003 12/31/20m ~IRABBY BOBS ;~BBY BOB S 36 EXECUTIVE
;..~NCHISE EAFOOD PARK
l.;ORP GRILL IRVINE, CA 92614
239 E
HOSPITALITY LN
SAN
~:ERNARDINO, CA
2408
Census Tract
b060, =
~1 [J' '. R64B 47 /3/2003 5/31/2008 88 FAIRWAY LLC L GRINGOS 1538 E MAIN ST 610
68 FAIRWAY DR !cANTINA ~L CAJON, CA
AN 92021
~:ERNARDINO. CA
2408
Census Tract:
~ro,
2 . "CT 41 1 /6/2004 12/31/200 F,.;'M CHAE SUN PARTY HOUSE [3610
38S
WATERMAN AVE
SAN
BERNARDINO, CA
2408
Census Tract:
0060.
3 I ACT 47 /19/2004 6/30/2008 ~~'M JUMPER l.;LAIM JUMPER 1 6721 MILLIKAN 610
'lESTAURANTS AVE
LC IRVINE. CA 92606
1905
~OMMERCENTER
SAN
ERNARDINO, CA
~2408
Census Tract:
060.
nnnrr~T'~TCOO"LDS "RLEYS 396 STEEL RD n
~ACO TlA /sPORTS BAR reO L TON, CA
1975 DINERS CT ~ND GRILL 92 324
SAN
ERNARDINO, CA
http:, www.abe.ca.gov.datport/AHCountyRep.asp
03/2412008
.California ABC. License Query System. LJata Portal
ULllLJU,;;~.,,~ LJ
'51 - .' IACT 48 121221200E 11/30/200E :;IBBS LISA lARK THE
LORRAINE
917 INLAND
CENTER DR
SAN
BERNARDINO, CA
2408-1809
~ensus Tract:
~60.
/30/2008 KAUR SURINDER STAR OF INDIA 16696 RANDALL
228 W CUISINE IWE
HOSPITALITY LN FONTANA, CA
SAN 2335-5639
BERNARDINO, CA
2408-3268
26
'CT
7/6/2007
41
27
'\CT
47
~2B/2007 ~30/200B
"+-'}. '
-- - End of Report - - -
For a definition of codes, view our
http:,. www.abc.ca.gov.datport. AHCounlyRep.asp
:ensus Tract:
0060.
JARA MEXICAN PANCHO
FOOD INC THE VILLAS
1250 S E ST RESTAURANT
SAN
BERNARDINO, CA
2408-2727
Census Tract:
0060.
t'age J 01 J
u
13610
610
~565 SIERRA AVE 3610
ONTANA, CA
2335-2414
OJ. 24 2008
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EXHIBIT 4
June 12, 2008
City of San Bernardino
Planning Division, City Hall
300 North "0" Street
San Bernardino, CA 92418
Dear Sir:
As president of Concorde Career College located at 201 East Airport Drive in
San Bernardino, CA 92408, I would like to voice my objection to the potential
liquor license proposal for "Flesh Showgirls" 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 f mily dining and non-
recreational businesses.
Your consideration is greatly appreciated.
201 Edst Airport DriV<', Suite A, San Bern,mlino, C\ 9240B
Phllnt': (90Y! HH4-RWJ1 . F;l.x: (9()9'~ ;B4--J 7bH . WWW.l'CHlCfJrde.C'du
PAUL A. KIYAN. 0.0.
"Optometric Care
with a Vision"
Todd /J.. Kelsch. OD. . Kimberley D /J.ckley. OD.
June 11.1008
Ms. Valerie Ross
Director of Development Services
City of San Bernardino
300 North D Street
San Bernardino, C A 91418
Dear Ms. Ross,
I would like to add my name to 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.
I am one of the principles of Hospitality LLC, the 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 afthe 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.
lhank )/ou in advance for your help in this matter.
G~ )-ci
-
Paul A Kiyan, a.D.
Hospitality LLC
1887 Bumw,s Center Drive. Suite 211 . SJn BernJrdino. CI1 92408 . (909) 383-1053
www.kiYdnoptometric.com . E-mail: rpnE.E.@(fr-kiy..m.com
lfi()!J4liOH1 !!
I)(,s{~rt MOllnt81n r.:ollnsn
0) 4 r )4 p m
Of) 11; )OOH
2/2
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~ i.LNDA 'UNTVERS1TY
Sch()()lojJfaiifi,,,
1),pQn",mt of PMi4l1'1cs
J .l}mn liMn, (;Pli/rJnlia PZ3SQ
(909) 558-..19~
FAX: (909) 5S8-1184
June 16, 2008
City of San Bernardino
Planning Division, City Hall
300 North "D" Street
San Bernardino, CA 92418
To Whom It May Concern:
r 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, children, 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. r am concerned
about compromised safety at our site and for the children and families that we serve.
r thank you for your serious consideration of this request.
c:f d:---.- ~~A
Ki . Freier Randall, PhD
Dir ctor, Psychological Services
PNAP, Kids FARE & Growing Fit Clinics
164 W Hospitality Lane
A SErF./\i"JH.DAY1!DVF..N11ST HEALTH .~'(:tJ..Nr:F.'i' '''''7~T1nITrn,'lT
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
EXHIBIT 5
To:
Lt. B. Boom
From:
Officer J. 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 Corporation 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.
'n-IE SBPD I;'; CO\!l\HITED TO PR()VlDT;-.JG
PROGRESSIVE (~t:AUT\- POLICE SERV1CE;
/\ S/\FE E!\'VIRO!\<ME!\"T TO IMPROVE THE QUAUTY OF LIrE;
JI. H_EDUcnn!\ [I\. CR1\1E Tl IROl;GJi PROBLEM RECOG~ITIO;\ ."L'J[) PROBLE\1 S(iLVI:-.;G
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 4/1/08, the new date of 4/1108 is used. Therefore, the
ABC Type 48-license application is now due 50 days after 4/1/08, which makes the due
date 5/21108.
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 alcohol for 20 days). The suspension started
7/24/1997 and went through 8/1311997. 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 4116/08, 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 IS, 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
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.
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.
The closest residence to the business is at 23 93 Mountain Woods Street in the City of
Colton, which is approximately!!, 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
Page 4
West is approximately 150 yards to the ~orth. 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 11/15/07, 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-16, June-18, July-IO, Agust-15,
September-I 0, October-IO, November-II, December-I 4, 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-17, June-14, July-12, Agust-15,
September-IO, 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 of a
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 thcir vehicle to leave. As they drove through the parking lot,
one of the passengers "showed" a gun as they drove away.
Page 5
In the year 2007, there were a total of 5 calls to the business. On one call, 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 Canvas and Statements
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 selling 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 165 W. Hospitality Ln. for 15 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 El 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 Inc., 155 W. Hospitality Ln. Suite #110, 383-8090
Robert Herrera, Administrator
Mr. Herrera said he has been at 155 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 Stietken, Executive Director
Page 6
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 7:00pm-II :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. Stiefken 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 !0:00pm and
usually everyone is gone by IO:30pm 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.
Page 7
! 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, ! 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 concern 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.
OFFICE OF THE CITY CLERK
RACHEL G. CLARK - CITY CLERK
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.sbcity.org
'"
September 18, 2008
Manta Management Corporation
c/o Roger Jon Diamond
2115 Main Street
Santa Monica, CA 90405
Dear Mr. Diamond:
At the meeting of the Mayor and Common Council held on September 15,2008, the
following action was taken relative to Conditional Use Permit (CUP) No. 08-03 (Appeal
No. 08-02) - an appeal of the Planning Commission's denial of CUP No. 08-03, a request
to obtain a Type 48 Alcoholic Beverage Control (ABC) license at 100 West Hospitality
Lane:
That the Mayor and Common Council deny the appeal and uphold the Planning
Commission's denial of Conditional Use Permit (CUP) No. 08-03, and re-
determine that the public convenience or necessity would not be served by the
issuance by the California Department of Alcoholic Beverage Control (ABC) of a
new Type 48 ABC license at 100 West Hospitality Lane, based on the documents
and testimony presented to the Mayor and Council and adopt the findings
supporting the recommended motion.
If we can be of further assistance, please do not hesitate to contact this office.
Sincerely,
~h.~
Rachel G. Clark
City Clerk
RGC:lls
pc: Henry Empefio, Sr. Deputy City Attorney
Terri Rahhal, Deputy Director/City Planner
CMGH LLC, c/o Lawrence Wessel, 740 S. Bunting Court, Anaheim, CA 92808
CITY OF SAN BERNARDINO
ADOPTED SHARED VALVES: Integrity. Accountability. Respect for Human Dignity. Honesty
SEPTEMBER 15, 2008 MCC MEETING, AGENDA ITEM NO. 48
APPEAL OF PLANNING COMMISSION DENIAL OF CUP NO. 08-03, AND
RECONSIDERATION OF MAYOR AND COMMON COUNCIL'S DETERMINATION
THAT PUBLIC CONVENIENCE OR NECESSITY WOULD NOT BE SERVED BY THE
ISSUANCE OF A TYPE 48 ALCOHOLIC BEVERAGE CONTROL LICENSE AT 100
WEST HOSPITALITY LANE
Findings by Mayor and Common Council Supporting Recommended Motion.
MOTION: That the Mayor and Common Council deny the appeal and uphold the Planning
Commission's denial of Conditional Use Permit (CUP) No. 08-03, and re-determine that the
public convenience or necessity would not be served by the issuance by the California
Department of Alcoholic Beverage Control (ABC) of a new Type 48 ABC license at 100 West
Hospitality Lane, based on the documents and testimony presented to the Mayor and Council
and adopt the findings supporting the recommended motion.
I. The applicant, Manta Management (Manta), seeks to operate a cocktail lounge serving
beer, wine, and distilled spirits for consumption on the premises. To operate a cocktail
lounge, Manta must obtain a Type 48 alcoholic beverage license from the ABC. Further,
in the CR-3, Commercial Regional - Tri City/Club land use district in which the premises
are located, the operation of a cocktail lounge requires a CUP from the City.
2. The ABC has determined that the surrounding area is over-concentrated with existing
ABC licenses. California Business and Professions Code Section 23958 prohibits
issuance of a license by the ABC "...if issuance would result in or add to an undue
concentration of licenses, except as provided in Section 23958.4." Under Business and
Professions Code Section 23958.4, the ABC can issue the license only if it would serve
the public convenience or necessity (pCN). Further, under the San Bernardino
Development Code, a CUP can only be granted if the proposed use would not impair the
integrity and character of the land use district and would comply with all applicable
provisions ofthe Development Code.
3. Hospitality Lane, on which the premises are located, is primarily a restaurant row and
caters to families. Of the 27 ABC licenses in this census tract that permit the sale of
alcoholic beverages for consumption on the premises, 88% are either Type 41 or Type
47. Type 41 and Type 47 licenses are for a "Bona Fide Public Eating Place" and they are
issued to restaurants that primarily serve food, and serve alcoholic beverages only
incidentally to food. The only difference between them is that a Type 47 license allows
the sale of hard liquor but a Type 41 license allows the sale of beer and wine only.
Of the remaining three ABC licenses in this census tract, two are a Type 58 and Type 68
for special events at the National Orange Show.
4. Manta has applied to the ABC for a Type 48 license. Type 48 licenses are described as
"On-Sale General for Public Premises" and are issued to establishments such as bars and
I
Item # 48
9/15/08
nightclubs that primarily serve alcoholic beverages. Type 48 establishments do not cater
to families; in fact, Business and Professions Code section 25665 states that it is a
criminal offense to permit a person under 18 to enter and remain in a Type 48
establishment.
Only one ABC licensee in this census tract holds a Type 48 license, and that license was
issued in 1965, long before the PCN requirement came into effect. The holder of that
license is The Lark, a bar which is located in a different area of the census tract at 917
Inland Center Drive, more than three miles from Manta's location. Therefore, the
presence of that establishment does not influence the character of the neighborhood in
which Manta seeks to operate its cocktail lounge.
5. Experience in the City of San Bernardino and elsewhere has shown that establishments
operating under Type 48 licenses cause more nuisance activity and generate more public
safety calls for service than those operating under Type 41 or Type 47 licenses. There
was testimony to that effect from a San Bernardino Police Department captain during the
PCN proceedings. It would be detrimental to allow these types of establishments to mix
in with the restaurants in this area. The Development Services Department received
three letters dated June 2008 from nearby businesses objecting to the issuance of a liquor
license to Manta. One writer, the president of a career college, stated: "In the past when
Manta's business was operating, there were numerous occasions when students were
subjected to verbal abuse from their patrons in the parking lot area.... If these happened
without a liquor license, I'm afraid of what might develop ifthis 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 family dining and nomecreational businesses."
A second writer stated: "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." The writer further stated that adjacent
businesses had "consistently reported incidents with Flesh Club patrons accosting,
harassing and generally being malfeasant to the [sic] their customers, clients, and staff....
I cannot imagine the types and nature of complaints I will get if the Flesh Club starts
serving alcohol."
The third writer, the director of a children's clinic located across the street from Manta's
location, wrote: "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."
In April 2008, a San Bernardino Police Department officer spoke with six individuals
associated with nearby businesses. All six opposed the issuance of an alcohol license to
Manta's business.
6. Hospitality Lane was planned and developed to provide the public traveling on Interstate
10 with a convenient place to stop and eat. Intensifying the nuisances described above
2
that are associated with Manta's establishment by adding the problems associated with
the onsite consumption of alcohol would be detrimental to the public convenience and
necessity currently served by the restaurants on Hospitality Lane.
In addition, the issuance of an alcohol license to Manta is not necessary for the public
convenience or necessity. The public is already well-served within this census tract with
many convenient locations for onsite consumption of alcoholic beverages, by themselves
or in combination with food. Accordingly, neither the public convenience nor the public
necessity would be served by issuance of a Type 48 license at Manta's location.
7. Manta's proposed use also does not permit making the Findings required for the issuance
of a CUP, because 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. (San Bernardino Development Code Section 19.36.050(5).) For the reasons
discussed above, adding alcoholic beverage service to Manta's establishment would
exacerbate existing nuisances noted by surrounding businesses, including disorderly
behavior and excessive litter.
8. Manta's proposed use also would not be consistent with the City's General Plan, as is
required for the issuance of a CUP under Development Code Section 19.36.050(2), as the
use would conflict with General Plan Policy 2.2.10: "The protection of the quality of life
shall 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."
9. In its current ABC application submitted under penalty of perjury, Manta answered, "No"
to the question, "Have you ever violated any provisions of the Alcoholic Beverage
Control Act, or regulations of the Department pertaining to the Act?"
However, a San Bernardino Police Department officer who performed a background
investigation on Manta reported: "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.... 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 alcohol 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."
Therefore, it appears that Manta may have made a false representation in its current ABC
license application. At the least, this apparent discrepancy should be further investigated
before issuance of a license or CUP is considered.
3
10. Manta contends in its appeal that the denial of the CUP violates the First and Fourteenth
Amendments to the United States Constitution and is contrary to court decisions holding
that Manta may offer adult entertainment, i.e., nude dancing, at the premises. However,
the basis for the denial is not that adult entertainment is proposed to be offered at the
location, but rather that the addition of the onsite consumption of beer, wine, and distilled
spirits to the existing business operations would exacerbate existing problems and be a
detriment rather than a benefit to the community and the public interest. The denial of
Manta's appeal will not prevent Manta from conducting any activity that is protected by
the United States Constitution.
In fact, Manta's legal counsel stated repeatedly during the proceedings in this matter, and
the City has never contested, that Manta may re-open its adult entertainment business at
any time without a PCN determination or a CUP from the City. Manta has not chosen to
do so.
II. Manta also contends in its appeal that if it cannot obtain a Type 48 license, it seeks in the
alternative the issuance of a CUP authorizing it to operate with a Type 47 ABC license.
However, Manta at no time showed that it ever applied for, or could meet the
requirements for, a Type 47 license. In fact, after filing its appeal, Manta acknowledged
that it is only seeking to operate with a Type 48 license and not with a Type 47 license.
12. Finally, Manta contends in its appeal that the Council's determination on June 16,2008
that the public convenience or necessity would not be served by the issuance of a Type
48 license to Manta was made without adequate notice to Manta, because Manta was not
notified of the hearing until June 13, 2008. However, this is a moot point in view of later
events.
Specifically, in its appeal from the Planning Commission's June 17,2008 CUP denial,
Manta requested that the Mayor and Council also reconsider the June 16, 2008 finding on
the PCN issue. Thereafter, on August 4, 2008, after hearing extensive argument from
legal counsel for Manta, the Council granted that request. With the concurrence of
Manta, the Council continued the matter to September 2, 2008, to allow sufficient time to
comply with a request from Manta that City staff research all cases in which Type 48
licenses have been approved or denied in the City. At the continued hearing on
September 2, 2008, legal counsel for Manta again appeared and presented extensive
argument in support of Manta's position.
Manta thus had well over two months to prepare and present its case to the Council. In
view of that fact, whether Manta had adequate notice of the June 16,2008 proceeding is
immaterial.
4
Entered Into Rec. at MCC/CDC Mtg: <:,/.:/! f
by: I
Agenda It~trt No:
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City Clerk/COG Secretary
City ot San Bernardino
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2408-1809
28
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6/30/2008
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47
- -- End of Report - - -
For a definition of codes. view our
http:" www.abc.cagov.Jatport. AHCountyRep.asp
:ensus Tract:
0080.
KAUR SURINDER STAR OF INDIA 16696 RANDALL
228 W CUISINE ~~E
HOSPITALITY LN ONTANA, CA
SAN 2335-5839
BERNARDINO, CA
2408-3268
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EXHIBIT 4
June 12, 2008
City of San Bernardino
Planning Division, City Hall
300 North "D" Street
San Bernardino, CA 92418
Dear Sir:
As president of Concorde Career College located at 201 East Airport Drive in
San Bernardino, CA 92408, I would like to voice my objection to the potential
liquor license proposal for "Flesh Showgirls"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 f mily dining and non-
recreational businesses.
Your consideration is greatly appreciated.
201 Edst Airport DriV<', Suite ,A, San Bern.mlino, Ct\ 9240H
PhOfW: (<-JOY) HH4-BWn . FdX: iYO<)) ;114-']7h8 . ,,\;wvv.concorde.cdu
P t..UL t... KIY t..N, 0.0.
"Optometric Care
with a Vision"
T odd b.. Kelsch. OD. . Klmberler D. b.ckler. OD.
June 12. 2008
Ms. Valerie Ross
Director of Development Services
City of San Bernardino
300 North D Street
San Bernardino. C A 92418
Dear Ms. Ross,
I would like to add my name to 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.
I am one of the principles of Hospitality LLC, the 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.
I fthe 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 locatiun 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 staffcould
make this situation a win-win for the City, the Club. and the businesses of Hospitality l.ane.
Thank you in advance for your help in this matter.
G~ >-J
-
Paul A Kiyan. O.D.
Hospitality LLC
1887 Business Center Dr ive. Suite 2/1 . San Berndrdino. C/1 92408 . (909) 383-1053
wwwkiYdnoptometrlc.com . E-mail: reneE.@drkiy<.m.com
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141"0 Lindo, Co/i.Jqn,ia 92350
(909) 558.4396
1'/lX: (909) .'58-4181
June 16, 2008
City of San Bernardino
Planning Division, City HaJI
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, children, 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.
=i~~^
Ki . Freier Randall, PhO
Dir ctor, Psychological Services
PNAP, Kids FARE & Growing Fit Clinics
164 W Hospitality Lane
.04. SEJ.'r.,V1H-DAYM>VENllST HEALTH Sf.'lFNr.F.~ '^,~r.:TlTlfTm.v
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
EXHIBIT 5
To:
Lt. B. Boom
From:
Officer 1. 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 Corporation 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 CQ,\l!\fIITED TO PROVIDL\JG
PROGKESSIVE QL:\J,lTY POLICE SERVICE;
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1\ JZEDUCTJO~ [)\ C1Z]\1E T! mUUGH PROBLDvf RECOG~rTIO!\ ..\;'iD PR()B:~E\1 SOLVI:--';C
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 48-1icense 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 3119/08. However, since the business Flesh Showgirls did not post its intent
to sell alcohol poster correctly until 4/1/08, the new date of 4/1/08 is used. Therefore, the
ABC Type 48-1icense application is now due 50 days after 4/J.l08, 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 alcohol for 20 days). The suspension started
7/2411997 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-mailed the area commander of the Southern District, 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
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
Showgiris, 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.
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 ]00 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.
The closest residence to the business is at 2393 Mountain Woods Street in the City of
Colton, which is approximately ~;, 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
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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 (El 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 11/15/07, 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-! I, May-16, June-I 8, July-I 0, Agust-15,
September-I 0, October-I 0, November-II, December-I 4, 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-I7, June-14, July-12, Agust-15,
September-I 0, October-l3, November-I 7, December-! 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 of a
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 ofthe passengers "showed" a gun as they drove away.
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In the year 1007, there were a total of 5 calls to the business. On one call. 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 Canvas and Statements
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 selling 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 165 W. Hospitality Ln. for 15 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 El 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 Inc., 155 W. Hospitality Ln. Suite #110, 383-8090
Robert Herrera, Administrator
Mr. Herrera said he has been at 155 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- I I :OOpm. She
has seen males "prowling" in the parking lot of the Flesh ShowgirIs. 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. Stiefken said she
believed the females were wives or girlfriends of male customers that were in the
business, Flesh ShowgirIs. 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 ShowgirIs. 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 ShowgirIs.
His other concern is the safety of his students. The last class lets out at IO:OOpm and
usually everyone is gone by IO:30pm to include the security guard that patrols the
parking lot.
EI Torito, ll8 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 of28 ABC on-sale licenses issued for that census tract.
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I am assigned to the Vice Unit of the SBPD. I, 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 concern 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.