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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 POLICE DEPARTMENT NBP 31e33-11— , T W IY VEH I. C. W. STATE D COMMERCIAL VEHICLE w rc •m.. ...vim ..,.,,� e,...,. a,.,, � .,„�,.e,p .(Veh. Coda. 4 16210(b)) O HAZARDOUS MATERIAL (Veh. Code, § 353) CemaMpe Va (V ccnr, 4 406to) U 9oeMro lkawlred (see "YAM) MsEmeeep - Yes No CODE ANO SECTOR DssnipYm MlrMtloO (Cede) o (� UFLa5oi,16.3- oV�2C�1�aX � I ❑ ¢c �aGC f�v�— P�ucsp� rsrss �! O ❑ M. I ❑ ❑ M I vS 0 0)( I P.F MX SPEED YQt.U�MIT SAFE I yppi Fpm LOGT NOF VN%ATION(S) ^!�/� WT. O . AT -S LA IgAD Cqp qNS C WEATHER ACGDENT❑ WET ^BRR NW, aAE9�— LT. C1FAR -roo- RAIN D Wo ATIONS NOT COMMITTED IN MY PRESENCE, DECLARED ON INFORMATION AND BELIEF. I OECIAfE UNDER PEWV.TT OF P UURY UNDER THE LOWS OF THE STATE OF C FORMA THE Lao PORE(iOYq TRUE AlSI CORfl TO —SEPM NO. PATES OFF TO HO OATESOFF IWITMIT ADM UW OMI TO I AND RACE MMCATM BELOW. I Z X sfjirna IUTB W WHEN: ON 09 Beroee THIS Dare• — — —.AT a:ASAM WHAT TO DO: FOLLOW THE INSTRUCTIONS ON THE REVERSE CIO WHERE: a�17 justice Center. Nevowd Beads F:40 1466 JsmbOtae R0.. �lpa=11 Beach. CA 9266P2595. X49) aladON D Jumle Cat 361 The CRY Drive SaWr, Orange. CA 92968 �J p141 W54451 D TO Oa notified Your ParerYl(UVadai x18 be a c ed by IM Poke Dept. a Bm CA) ❑ Fat NTractlon violaSms of are hick, code, yw 080M Rb" at a session d nigh MA held On TwOay At 5W PM.� rwwe date rm 09. 05(V*K .. 44�600Nl. wstsa). .+aaae. w. ae..s 85a.a SEE REVERSE Number 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 neN� ram ago tnev. wwr 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 neN� ram ago tnev. wwr ra`�