HomeMy WebLinkAboutExhibit 41EXHIBIT No. 41
January 25-26 Police Department Count Out Reports and Citation
Fury Revocation Hearing February 21, 2008
��5
NEWPORT BEACH POLICE DEPARTMnNT
SUPPLEMENTAL REPORT - FIELD
Oate/Time of Report
Type of Original Report OR
Number
1126/08 0130
Overcrowding Citation NBP 34839 08-873
Date of Original Occurrence
Location of Original Occurrence RD
of Occurrence
1/26/2008
4221 Dolphin- Stryker Way
34
V
Victim's Last Name (Finn Name if Business) First Middle
DOB
Age
I
City Of Newport Beach
C
Address
City
State
Zip
es. Phone
Bus. Phone
T
Person Reporting Last Name First Middle
DOB
Age
R
P
Address
City
State
I Zip
Res. Phone
Bus. Phone
S
Name if Known, Booking No. & Charge H Arrested
IDOB
I Age
I Sex
Desc I Hgt I Wgt
I Hair
I Eyes
U
Gonzales, David Michael
M
S
Address
City
State
Zip Res.
Phone
Bus. Phone
P
CA
unk.
unk.
E
C
Personal Oddities (Unusal Features, Scars, Tattoos, Etc.)
Weapon (Describe Fully)
T
#
Clothing
1
Name If Known, Booking No. & Charge if Arrested
DOB
Age
I Sex
Desc
Hgt
Wgt
Hair
Eyes
S
Schillizzi, Brian
U
S
Address
City
State
Zip Res. Phone
Bus. Phone
P
CA
unk.
unk.
CPersonal
Oddities (Unusal Features, Scars, Tattoos. Etc.)
Weapon (Describe Fully)
T
#
Clothing
2
ic. No.
State
Year
Make
Model Type
Colors)
E❑
Viet
H
❑ Sus
k1nid Color
Body Modification
Body Damage
(1) Additional
Infomlalion
Reported. (2) If Property Involved, itemize, Describe and Show Value, Listing All Serial Numbers.
On 1/26108 at about 0049 hire, Ofcr. Yee, Ofcr. Dugan and I were working uniformed patrol. We responded to 4221
Dolphin - Stryker Way (Fury Rok & Rol Sushi Bar) regarding a possible overcrowding issue. Officer Dugan and I entered the
business to conduct a preliminary estimate count of the patrons and Officer Yee stood outside the front door and monitored
patrons leaving. As we were counting the patrons we had great difficulty walking through the isles. The isles were crowded to
the point where we had to push people out of the way in order to walk. We were unable to walk the isles without bumping into
people (violation 1203 LIFC). As I was walking through, I observed multiple people that appeared very intoxicated. I saw
people falling over, hanging onto other people to maintain balance, and spilling drinks. My visual estimate of the amount of
patrons in the restaurant was over 400. The maximum occupancy of the bar is 297 which is over 25% over their maximum
capacity. I informed Sgt. Arnold of my findings. Sgt. Arnold informed the owner, Brian Schillizzi, that we believe the restaurant
was overcrowded. Schillizzi asked me what my estimate was and I told him over 400 patrons.
Supervisor Approving 10 No.
Reporting Officer(s) ID No.
Person Reporting (Signature)
0
/GTE
Hardy 1257
Date
e R
ucedst.
,"ark
Napoi,"117(po. twie) - SupplernerriM Report - Field
llle
No. (Type of Investigation
`a
NEWPORT BEACH POLICE DEPARTMENT
08-873
(1) List additional suspects, victims, involved persons. (2) List stolenlrecovered property. (3) Reconstruct the occurrence: Include all elements
of the crime. (4) Describe any evidence, including prints, state locations found and by whom. Give disposition.
The following is required Information for Firearms: Make, Caliber, Type (pistol, rifle, shotgun), Category (automatic, semi auto, bolt aeon), Barrel length,
Model, Serial No., and role If associated with a homicide or major crime.
des
Item # Quantity Adide Brand Model Serial No. Mme' (Color, Size, Inscriptions. s n ons, Caliber, Etc.) Dollar Value
Schiilizzi said the count was more like 300 -350 patrons. Sgt. Arnold informed Schillizzi to stop the music and start the patrons
exiting so we could begin our count of the patrons. Officers Zeeman, Foss, Henry, Fletcher, Fitzpatrick, and Wood assisted
with monitoring the perimeter of Fury Restaurant to insure that all patrons exited the front of the restaurant. Officer Dugan
counted the patrons using a push button hand counter and Officer Yee counted the patrons using pen and paper. While the
patrons were exiting, I contacted a subject who attempted to exit a different door other than the main door. After speaking with
that subject, I determined he was too intoxicated to care for himself or others and he was arrested for Disorderly
Conduct - Public Intoxication, for further details on the arrest, refer to the arrest report under DR#08 -872. Once all of the
patrons had exited the restaurant, I checked with both Officer Dugan and Yee and they both independently came up with the
same count of 518 people that were in the inside of the restaurant when we began the count. The restaurant's occupancy limit
is 297 indicating they were grossly overcrowded. I was informed that the owner, Schdlizzi, left the area when the count was
completed. I located the second owner, David Gonzales, and informed him of the violations. I then cited Gonzales for
overcrowding and blocked isles.
Approving
Hardy
1257
) �-1
of Report
NEWPORT BEACH POLICE DEPARTMENT
CONTINUATION SHEET
NEWPORT BEACH FILE COPY
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ID No.
NEWPORT BEACH POLICE DEPARTMENT
SUPPLEMENTAL R
REPORT - FIELD
Date/Time of Report T
Type of Original Report D
DR N
Number
1/26/2008 0235 N
NBP 34839 0
08 -
-0873
Date of Original Occurrence L
Location of Original Occurrence R
RD o
of Occurrence
1/26/2008 4
4221 Dolphin Striker Way. (Fury Rok & Rol Sushi Lounge) 3
34
V Victim's Last Name (Firm Name it Business) F
First Middle D
DOB A
Age
I City Of Newport Beach
C Address C
City I
State I
Zip R
Res. Phone B
Bus. Phone
T
I S
I Z
Person Reporting Last Name F
First Middle D
DOB A
Age
R
P Address C
City S
State Z
Zip e
es. Phone B
Bus. Phone
Name if Known, Booking No. & Charge if Arrested D
DOB A
Age Sex Desc H
Hilt W
Wilt H
Hair E
Eyes
U Gonzales, David Michael
S Address City S
State Z
Zip R
Res. Phone B
Bus. Phone
E
C Personal Oddities (Unusal Features, Scars, Tattoos, Etc.) W
Weapon (Describe Fully)
T Unk N
None
# Clothing
1 N
NIA
Name if Known, Booking No. & Charge if Arrested D
DOB Age S
Sex D
Desc H
Hilt W
Will H
Hair E
Eyes
S N
U
S Address C
City S
State Z
Zip Res. P
Phone B
Bus.Phone
P
E
C Personal Oddities (Unusal Features, Scars, Tattoos, Etc.) W
Weapon (Describe Fully)
T
# Clothing
2
Veh. Litz No. S
State Y
Year M
Make M
Model T
Type C
Cokx(s)
E11 Vict
H [3 SUS I
Inside Color B
Body Modification B
Body Damage
(t) Additional Information R
Reported. (2) If Property Involved, Itemize, Describe and Slow Value, Listing All Serial Numbers.
Witness
Ko, Beng Hun CA Driver License ll�
Supervisor Approving ID No. R
Reporting Officer(s) I
ID No. P
Person Reporting (Signature)
Yee 1
1254
Date/Ti B
B d
duced/Dist rk ,)_ Y
SUpPIARIGntel Report - Field
�Ll�
No. (Type of Investigation
2
NEWPORT BEACH POLICE DEPARTMENT
08 -0873
(1) List additional suspects, victims, involved persons. (2) List stolentrecovered property. (3) Reconstruct the occurrence: Include all elemental
of the crime. (4) Describe any evidence, including prints, state locations found and by whom. Give disposition.
The following is required information for Firearms: Make, Caliber, Type (pistol, rifle, shotgun), Category (automatic, semi auto, toll aeon), Barrel length,
Model, Serial No., and note if associated with a homicide or major crime.
Item If Quantity Article Brand Model Serial No. Ins r "ons, Dollar Value
(Color, Size, InacdpUOna, Caliber, Etc.)
On 1/26/2007 at approximately 0049 hours, Officer Hardy #1257, Officer Dugan #1293, and I were working uniformed patrol
conducting a bar check at 4221 Dolphin Striker Way (Fury Rok & Rol Sushi Lounge). Officers Hardy and Dugan went inside
the location to conduct a visual estimate of the number of patrons while I waited at the entrance /exit. Refer to Officer Hardy
and Officer Dugan's supplemental reports for further details. White waiting outside I spoke to Witness Ko (Manager of
Security) who told me there were 280 patrons inside. Witness Ko had two counters, one kept count of total patrons to enter
and the other kept count of the number of patrons who exited. One counter read 454 and the other 174. During the time
Officers Hardy and Dugan were conducting the walk through approximately 40 patrons exited the location.
Once Officers Hardy and Dugan exited the location it was decided to conduct a count out to verify the number of subjects
inside. I conducted a written count of the location as subjects came out. At approximately 0135 hours, I had a written count of
497 patrons that exited plus four patrons and 17 employees still inside for a total of 518 subjects. During the count out, 1
observed numerous subjects showing signs of being overly intoxicated. There were several subjects who had to hang on to
other people to maintain their balance.
J. Yee
1254
?Jb
NEWPORT BEACH POLICE DEPARTM. NT
SUPPLEMENTAL REPORT - FIELD
Date/Time of Report
Type of Original Report DR
Number
1 -26 -2008 0049
Violation of UFC 2501.16.31 Overcrowding
08 -873
Date of Original Occurrence
Location of Original Occurrence RD
of Occurrence
1-26 -2008
4221 Dolphin Striker Way
34
V
Victim's Last Name (Firm Name if Business) First Middle
DOB
Age
I
State Of California
C Address City
State
Zip
Res. Phone
Bus. Phone
T
Person Reporting Last Name First Middle
DOB
Age
R
P Address
City
State
Zip
Ras. Phone
Bus. Phone
S Name if Known, Booking No. & Charge if Arrested
DOB
Age
Sex
Desc
Hgt
Wgt
Hair
Eyes
U Gonzales, David M.
S Address City
State
Zip Res. Phone
Bus.Phone
P
CA
E
C Personal Oddities (Unusal Features, Scars, Tattoos, Etc.)
Weapon (Describe Fully)
T
# Clothing
1
Name if Known, Booking No. & Charge if Arrested
DOB
Age
Sex
Des c
Hgt
Wgt
Hair
Eyes
S
U _
S Address City
State
Zip Res.
Phone
Bus. Phone
P
E
C Personal Oddities (Unusal Features, Scars, Tattoos, Etc.)
Weapon (Describe Full/)
T
# Clothing
2
Veh. Dc. No. State Year Make Model Type Color(s)
E ❑ Vict
H ❑SUS Inside Color Body Modification Body Damage
(1) Additional Information Reported. (2) If Property Involved, Ilem¢e. Describe and Show Value, Listing All Serial Numbers.
On the listed date and time, I responded to the above address regarding an investigation of possible overcrowding of a public
establishment. The establishment in question, Fury Rok and Rol Sushi Bar, has a maximum capacity of 297 occupants.
Officers arrived at the bar and conducted an initial visual estimate of the bar's occupancy. Based on the initial assessment,
Officer's Hardy and Dugan conducted a 'walk through' of the bar in order to better determine if in fact the bar was grossly
overcrowded. f arrived at the bar at the conclusion of their'walk through; and spoke to them about their opinions.
Both Officers believed the bar was overcrowded. Officer Hardy's opinion was that the bar contained over 400 persons. At the
invitation and request of one of the owners (Brian Schillizzi), I conducted another Valk through' in order to try
Su o proving ID No.
Reporting Officer(s) ID No.
Sgt. S. Arnold 10D8
Person Reporting (Signature)
Date a
d/Dist. C erk
N8PDF"S17YRw. W -Qn Supplemental Report - Field - - -__ -- - -
tkl
NEWPORT BEACH POLICE DEPARTMENT
Continuation Sheet
Page No. Type of Report Booking No. DR Number
2 1 Supplemental Report - Field 1 1 08 -873
and corroborate the initial 'walk through.' Brian Schillizzi told me he believed there to be only about 260 patrons inside of the
bar. I believed his estimate to be rather low, and felt the bar contained at least 350 plus patrons (not including bar employees,
which would put the total occupancy to nearly 380 plus people).
During the 'walk through,' Brian and I could not navigate the walkways located between the center bar and the restaurant area.
This was despite the fact I was in full uniform and that the bar's security persons were shining flashlights at the patrons in an
attempt to clear the walkways. I made this observation known to Brian and told him my intent was to conduct a 'count out' in
order to determine the actual number of people inside of the bar.
I felt the 'count out' was necessary in order to best determine what course of enforcement action was to be taken, if any at all.
Brian was informed of my decision and the count was made by Officers Yee and Dugan. The 'count out' was facilitated by
securing the back exit and ensuring that all of the patrons exited via the front doors. This controlled the flow of patrons and
both Officers then were able to conduct individual counts for redundancy purposes.
The counts made by the Officers determined that 518 people were inside of the bar during the 'walk through.' This was an
obvious violation of Uniform Fire Codes overcrowding, as well as the blocking of walkways. A citation was issued to David
Gonzalez, who presented himself as co -owner of the bar for the aforementioned violations.
After the citation was issued, I drove and walked around the bar's parking area and surrounding parking lots. This was
memorialized by MVS (DVD was placed on hold). During my inspection, I noted various empty bottles of alcoholic beverages
and some items of refuse strewn about the area.
supervisor npp ng ��""'' ID No. Reporting Officer(s) ID No.
c�S7C/ — I Sgt. S. Arnold 1008
19
NEWPORT BEACH POLICE DEPARTMENT
SUPPLEMENTAL REPORT - FIELD
V., i (Kev. nun
Supplem IW Repoit -Meld
0
Date/Ttme of Report
Type of Original Report DR
Number
1/26/2008 0230
Overcrowding Citation NBP 34839 08
-873
Date of Original Occurrence
Location of Original Occurrence RD
of Occurrence
1126/2008
4221 Dolphin Striker Way
34
V Victim's Last Name (Firm Name if Business) First Middle
DOB
Age
I City Of Newport Beach
C Address City
State
Zip
Res. Phone
Bus. Phone
T
Person Reporting Last Name First Middle
DOB
Age
R
P Address
City
State
Zip
Res. Phone
Bus. Phone
S Name if Known, Booking No. Charge if Arrested
DOB
Age I Sex I Desc Hgt
Wgt
Hair
Eyes
U Mmazales, David Michael
S Addres
City
StateZip
Res. Phone
Bus. Phone
P
CA
E
C Personal Oddities (Unusal Features, Scars, Tattoos, Etc.)
Weapon (Describe Fully)
T None visible
NIA
# Clothing
Green t -shirt, Blue jeans
Name g Known, Booking No. &Charge if Arrested
DOB
Age
Sex
Dsee
Hgt
Wgl
Hair
Eyes
S
U N/A
S Address City
State
Zip Res.
Phone Bus.
Phone
P
E
C Personal Oddities (Unusal Features, Scars, Tattoos, Eta)
Weapon (Describe Fully)
T
2 Clothing
Veh. Lie. No.
State
Year
Make
Model
Type
Colors)
E❑ Vict
N/A
H ❑ Sus
Inside Coror
Body Modification --1661-
y Damage
(1) Additional information
Reported. (2) If Property Involved, Itemize, Describe and Show Value, Listing All Serial Numbers.
On 1/26/2008 at approx. 0049 hours I was working uniformed bicycle patrol. I was called to assist with a possible
overcrowding situation at Fury - 4221 Dolphin Striker Way. Ofc. Yee #1254, Ofc. Hardy #1257, and I responded along with
multiple patrol units to the location to do a bar check to verify the occupancy of the bar. Ofc. Hardy and I did a walk through of
the bar to do a visual estimation of the occupancy inside the bar. I visually estimated there to be approx. 360 -375 people
inside the bar and the maximum occupancy is 297. While walking through the bar Ofc. Hardy and I had trouble getting around
because the aisles were very crowded. We could not move more than a foot or two without bumping into people and at times
had to push our way through to continue walking. Oft. Hardy and I then walked back out to the front door and informed Sgt.
Arnold #1008 what we had observed. Sgt. Arnold then advised the owner of the business that we were going to shutdown the
bar and count all of the patrons as they left the location. Ofc. Yee and 1 stood at the front door as other patrol officers stood at
the other exits and made everyone leave through the front door.
Supervisor Approving ID No.
Reporting Officer(s) ID No.
Person Reporting (Signature)
/L^�d
S. Dugan 1293
Date/Tme uced/Dist. Clerk
V., i (Kev. nun
Supplem IW Repoit -Meld
0
NEWPORT BEACH POLICE DEPARTMENT
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ra`�
Page No.
Type of Investigation
DR No.
2
08 -873
(1) List additional suspects, victims, involved persons. (2) List stolen /recovered property. (3) Reconstruct the occurrence: Include all elements
of the crime. (4) Describe any evidence, including prints, state locations found and by whom. Give disposition.
The following is required information for Firearms: Make, Caliber, Type (pistol, rifle, shotgun), Category (automatic, semi auto, bolt action). Barrel length,
Model, Serial No., and note if associated with a homicide or major crime.
Rem # QuanUty Article Brand Model Serial No. M sm description Dollar Value
(Color, Size, Inscripgons, Caliber, Etc.)
I used a hand -held counting device while Ofc. Yee counted the patrons manually with a pen and paper as they left the location.
We counted independently of one another and after everyone had left the location, I counted 501 patrons from inside the bar.
The owner then advised me he had an additional 17 employees working inside the bar for a grand total of 518 people. The
maximum occupancy listed for the location is 297 people. Ofc. Hardy then cited the owner for fire code violations of
overcrowding and blocked aisle ways. Refer to additional supplemental reports for further details.
Supervisor Approving ID No.
Reporting Officer(s) ID No.
S. Dugan 1293
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