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Home My WebLink AboutPublic Hearing to Consider Appeal Filed by Applicant, Club M • C!' 'Y GF I• ' HUH ituT0N t;�F,CH, CA CITY OF HUNTINGTON BEACH 2O04 AUG -2 A q: 5 Interdepartmental Communication TO: JOAN FLYNN, City Clerk FROM: JENNIFER McGRATH, City Attorney DATE: August 2, 2004 SUBJECT: Revocation of Entertainment Permit—Club Moulin Rouge, LLC Please agendize Moulin Rouge's appeal to the City Council of its entertainment permit revocation,per the attached letter. It should be a"D" item for the next regular City Council meeting. 16/0 Thank you. 0 JENNIFER McGRATH City Attorney Attachment: Letter dated July 2, 2004 from Floyd G. Belsito, Esq. Jun 29 04 05: 25p IrMbrmation Systems (70) 374-1630 - p. 3 March 2004 March 10, 2004-Citizen Complaint of Loud Music CN#4031436 March 13,2004 Citizen Complaint of Loud Music. CN#4032297_ 1..March24, 2004 Loud Refrigerator Truck at location CN#4037748 March 28, 2004-Loud Refrigerator Truck at location CN#4039424 March 30, 2004-Loud Music and Refrigerator Truck CN#4040470 'March 31, 2004-Physical Altercation DR#04-6720 Apri12004 April 8, 2004-Loud Refrigerator Truck at location CN#4044437 April 13, 2004-Loud Refrigerator Truck at location CN#4046673 April 15, 2004-Loud Music call for service CN#4047154 . April 16, 2004-Citizen Complaint of Loud Music CN#4047566 April 16, 2004-Citizen Complaint of Loud Music CN#4048031 April 17, 2004-Citizen Complaint of Loud Music CN#4048460 April 25, 2004-Assault& Battery CN#4051595 April 27, 2004-Citizen Complaint of Loud Music CN#4052782 April 29, 2004-Citizen Complaint of Loud Music CN#4053705 . April 30, 2004-Patron Disturbing the Peace CN#4054172 May 2004 May 1, 2004 Citizen-Complaint of Loud:Music:.--. CN#4054223 May 2, 2004-Citizen Complaint of Loud Music CN#4054683 May 2, 2004-Patrons Refusing to Leave CN#4054705 May 3, 2004-Citizen Complaint of Loud Music (Cite) DR#04-7873 May 5, 2004-Citizen Complaint of Loud Music CN#4056478 May 6, 2004-Assault&Battery CN#4056546 May 11, 2004-Citizen Complaint of Loud Music(Cite) DR#04-8408 May 15, 2004-Citizen Complaint of Loud Music(Cite) DR#04-8804 May 26, 2004-Police Department/City Inspection DR#04-10241 May 29, 2004-Vehicles Racing in Parking Lot CN#4067009 May 29, 2004-Citizen Complaint of Loud Music (Cite) DR#04-9556 June 2004 June 5, 2004-Citizen Complaint of Loud Music CN#4070855 In responding to these police related calls for service, the Huntington Beach Police Department has expended approximately 18 hours of patrol time, and had to utilize over 83 officers. Huntington Beach Municipal Code 5 44,050 subsection (1), which is listed as Condition #10 of your current Entertainment Permit(January 1, 2004 to January 1, 2005), states, "Calls for Police service at your establishment deemed excessive as described in 5.44.050 HBMC, as well as any violations of your ABC License or Conditional Use Permit, can result in the suspension or revocation of your Entertainment Permit." This - _RECEIVED T i 14E) 1t;. _ . 5.49PM jun 25 u4 05: 25p In rmation Systems [7 ) 374-1630 p. 4 municipal code section defines 15 police related calls for service as excessive. The Moulin Rouge has over 30 police related calls for service since January 1, 2004. Huntington Beach.Municipal Code, 5.44.090, subsection (d), states that three (3) or more violations of.the same.provision, or six(6)or more violations of any of the provisions of this section,within a 12 month period;can.sub*ct your Entertainment Permit to revocation by the Chief of Police. Due to the compilation of the calls for service at Moulin Rouge, beginning January 1, 2004, through June 5, 2004, the Huntington Beach Police Department is revoking/suspending your Entertainment Permit under the authority of the above cited municipal codes. Your Entertainment Permit privileges will be revoked five (5) calendar days after receipt of this letter. All forms of live entertainment must cease at that time. All violations of these sections will result in additional fines and possible. administrative.action against your ABC License and Business License with the City of Huntington Beach. You may re-apply for an Entertainment Permit in June of 2005. At that time, the Huntington Beach Police Department will conduct another audit of police related calls for service. if the calls for service have decreased, and are within the guidelines set forth in the municipal code, the Huntington Beach Police Department will re-issue an Entertainment Permit to the Moulin Rouge. Huntington:Beach.Municipal Code 5.44.097,allows you, as the permittee,to appeal this decision,by the of Police,to the.City Council :The.appeal'process is outlined in Section 248.20 (Chapter 248)of the Huntington Beach Zoning and Sub-Division rdinance. n appeal of this decision MUST be filed with the City Clerk within five.(5) days of receiving this notice. You may contact the City Clerk's office by calling (714) 536-5227. Remember, if you plan on appealing this decision, you must file your appeal within five (5) days. If you have any questions, please feel free to contact Detective Krause at(714) 536- 5994. Sincerely, Kenneth W. Small Chief of Police (l� A�1 `f 5 Ile RECEIVED TIME_1UPd, 29, 5:49PM Huntington Beach Municipal Code 5.44.010-5.44.015(c) • Chanter 5.44 RESTAURANTS--AMUSEMENT AND ENTERTAINMENT PERMITS (1265-12/66, 1444-10/68, 1454-12/68,3213-11/93,Urg.3247-8/94,Urg.3341-10/96,3449-2/2000,3618-11/03) Sections:. 5.44.010 Entertainment permit required " 5.44.015 Entertainment restrictions - 5.44.018 Beverage License--Minors on Premises 5.44.020 Definitions 5.44.025 (Repealed Ordinance No. 3213-11/93) 5.44.030 Entertainment permit--Application 5.44.040 Permit--Application fee 5.44.050 Permit--Granting 5.44.060 Permit--Period valid 5.44.065 Permit--Notice to Applicant of Action Taken 5.44.070 Permit--Appeal of decision 5.44.080 Exclusions 5.44.090 Revocation and/or Suspension of permit 5.44.095 Revocation of Permit--Notice to Applicant of Action Taken 5.44.097 Revocation/Suspension--Appeal of Decision 5.44.100 Revocation of permit--Reapplication 5.44.010 Entertainment permit required. (a) No person shall prov de.or permit.any type of entertainment:ui a coffee shop-,restaurant, nightclub,or place where food or:other refreshments are seined and.which is open to the public unless such person shall first obtain a permit to do so.from the Chief of Police as hereinafter provided (b) Every establishment in the City of Huntington Beach is subject to the requirements of this chapter, if entertainment or dancing is conducted or proposed to be conducted in such establishment. (c) No entertainment or dancing will be allowed in any establishment,unless a permit therefor is granted, in compliance with the provisions of this chapter, and unless said establishment is in complete compliance with every other applicable law which may otherwise apply to the operation of the establishment. (d) The Issuance.of a Sex Ori.ented Business Permit pursuant to Chapter 5.70 of this Code is applicable satisfies the.entertainment requirement of this Chapter. A separate entertainment permit is not required. (1265-12/66, 1454-12/68,2541-3/82,3213-11/93,Urg.3341-10/96) 5.44.015 Entertainment restrictions. The permittee shall: (a) ensure entertainment provided is not audible beyond 50 feet from the exterior walls of the business in any direction; and (b) restrict the entertainment provided to that entertainment which is specified in the • entertainment permit; and (c) follow all other conditions as set forth in the entertainment permit and in the license as issued by the State of California Alcohol Beverage Control; and 100 a 5.44.015(d)—5.43.020(c)(3) Huntington Beach Municipal Code • (d) ensure that all areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all persons in the business; and (e) post the permit conspicuously in business premises. (3213-11193,3449-2/00) 5.44.018 Beverage License--Minors on premises. No person conducting, maintaining or carrying on a business, or having charge or control thereof, which has entertainment on its premises shall permit to be admitted on such business premises any minor under the age of twenty-one years, if any alcoholic beverages are consumed, dispensed or sold on the premises, unless the minor is accompanied and under the care at all times of his parent or parents or legal guardian. (3449-2/oo) 5.44.020 Definitions. The following definitions shall be for purposes of this Chapter only, unless specifically-adopted by another section of the Huntington Beach Municipal Code for use therein. (a) Ambient music. For the purposes of this Chapter, ambient music shall be defined as prerecorded music which is audible from a distance of no more than ten(10) feet from any protion of the exterior of the premises. (b) Establishment(s). Except as otherwise provided, and.for purposes of this Chapter, an "establishment" means any location within the limits-of the City of Huntington Beach to which the public may be invited where alcoholic beverages are served. (c) ..Entertainment. As used in this Chapter, "entertainment"means a single event, aaenes of events, or an ongoing activity:or business,occurring alone or as pait of another business, to which the public is invited to watch, listen, or participate,or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing-guests or patrons, including, but not limited to: (1) (a) Any amusement or event such as live music or other performance which is knowingly permitted by any establishment subject to this chapter, including presentations by single or multiple performers, such as hypnotists,pantomimes, comedians, song or dance acts,plays, concerts, any type of contest; sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public. (b) Live or recorded music where public dancing is permitted. (2) Any event controlled,conducted, sponsored, encouraged,or knowingly permitted;by an establishment subject to this chapter,which involves any of the activities described in the foregoing paragraphs which is presented by members of.the public, whether or not the participants in said activities are compensated by the establishment. (3) Establishments which provide juke boxes, televisions, video games, video programs, or recorded music and no other entertainment, as herein defined, are not required to comply with the provisions of this chapter, unless the recorded music is played on equipment which is operated by an agent or contractor of the establishment for a period exceeding ten(10)minutes per hour. • The intent of this section is to require a permit of establishments which provide that which is commonly known as a"DJ" and to exempt establishments which provide incidental or ambient music. 2100 Huntington Beach Municipal Code 5.44.020(d)—5.44.030(b)(6) • (d) Dancing. "Dance and Dancing" is defined as movement of the human body, accompanied by music or rhythm, except however, dance and dancing", as used in this chapter, means dancing by patrons-only; any other form of dance is deemed "entertainment", as defined herein. (e) Patrons "Patron(s)"'is defined as a member or members of.the public who.enter any.. establishment subject to this chapter, except as hereinafter provided: "Patron(s)" do not include: (1) any agent, owner, employee or contractor of an establishment subject to this chapter. Any person who indirectly or directly receives anything of value in exchange for his or her services rendered on behalf of such establishment shall be considered an"employee" hereunder; (2) any agent or representative of any governmental entity of any description whatsoever, including ad hoc boards,task forces, and commissions,provided that such agent or representative enters an establishment, acting in his or her official capacity on behalf of said governmental entity; (3) persons who conduct entertainment at the subject establishment. (1265-12166,2541-3/82,3213-11/93,3618-11/03) 5.44.030 Entertainment permit--Application. • (a),_ If a Conditional Use Permit, or.any other entitlement,except a certificate of occupancy, is required for the use of any establishment which proposes to provide,or which does_provide; entertainment or dancing,the provisions of this chapter shall be satisfied before application is made to the City for any such use permit or entitlement. The body before whom such entitlement application is heard shall not impose any condition inconsistent with the conditions imposed on a permit issued pursuant to this chapter. (b) Applicants for entertainment permits shall file a written, signed and acknowledged application with the Business License Department showing: (1) The true, full name and any other names, including aliases,used by the applicant, and the permanent address of applicant; (2) The days of the week, specific hours and address where the entertainment is proposed; (3) The true, full name or names and any other names,including aliases of the person or persons having the management or supervision of applicant's business; (4) A statement of the nature and character of applicant's business, if any, to be carried on in conjunction with such entertainment; (5) Whether or not the person or persons having the management or supervision of applicant's business have been convicted of a crime, the nature of such offense, and the sentence received therefor; (6) Such other reasonable information as to the identity or character of the person or • persons having the management or supervision of applicant's business as the Chief of Police may deem necessary. 2/00 e 5.44.030(b)(7)—5.44.050(2) Huntington Beach Municipal Code • (7) A floor plan and site plan showing the building interior and grounds, including parking spaces, and the dimension of each portion. (8) A copy of any other licenses,permits, or entitlements issued to.the applicant for this establishment or use by the State of California Alcoholic Beverage Control and any ..conditions pertaining to that licenser (9) A copy of all Conditional Use Permits for the premises. (10) A copy of any other permits, or entitlements issued to the applicant for this establishment or use. (11) A copy of any building or property lease or contract for the address for which the entertainment will take place. (12) The name and address of the owner and lessor of the real property upon which the business is to be conducted. (13) Acceptable written proof that the applicant is at least eighteen(18) years of age. (14) The social security number and state driver license or identification card number for the applicant. (15) The address to which the Entertainment Permit is to be mailed. (16) A statement under oath that the applicant has read and understands the provisions of this chapter. (17) A statement under oath that the applicant has personal knowledge of the information contained in the application and that the information contained is true and correct. (1265-12/66, 1454-12/68,3213-11/93, Urg.3247-8/94,3449-2/00) 5.44.040 Permit--Application fee. A fee of two hundred dollars ($200)shall be paid upon the filing of each application for a permit for the purpose of defraying the expenses incidental to the processing of the application. This fee amount shall be valid for a period of one year from the date of adoption of this ordinance. Thereafter the fee shall be set by resolution of the City Council. (1265-1tie6,3213-11/93) 5.44.050 Permit--Granting. After the making and filing of the application,the Business License Department shall refer the matter to the Chief of Police for investigation and report thereon. The Chief of Police shall approve and issue an entertainment permit if the application and evidence submitted show that: (1) The granting of previous entertainment and other related permits to the applicant has not, in the past, resulted in the operation of a business or businesses which have created loud and/or unreasonable noise levels for that location, as regulated by Huntington Beach Municipal Code Section 8.40,or excessive disturbances to the surrounding environment such that calls for services to the Police Department have exceeded fifteen(15)in the preceding twelve(12) months, and (2) The applicant or business has not been previously convicted of disturbing the peace and/or • the creation of and failure to abate a nuisance as defined in the California Civil Code or Huntington Beach Municipal Code Section 17.10, and 2/00 5.44.050(9)—5.44.090(a) Huntington Beach Municipal Code (9) The required fee has been paid. (urg.3247-6/94,3449-2/2000) 5.44.060 Permit—Period valid. The permit shall.be granted for the specific occasion requested, or if the request is for continuous permit,the permit shall be issued for not longer than one year. (1265-12/66) 5.44.065 Permit—Notice to Applicant of Action Taken. Within twenty(20)working days after the making and filing of the application,unless the applicant signs a written waiver of notice,the Police Department shall mail or personally deliver written notice to the applicant stating the action that was taken on the application,together with a list of any conditions imposed if the application is granted or, if the application is denied,the specific grounds for the denial. The notice shall also advise the applicant of his/her right to appeal the denial of his application or any of the conditions imposed. (3213-11/93,N49-2/2000) 5.44.070 Permit—Appeal of decision. Any permittee aggrieved by the decision of the Chief of Police to deny or impose any conditions on such a permit may appeal to the City Council in the manner provided by Section 248.20 of the Huntington Beach Ordinance Code; except that the written appeal must be filed with the City Clerk within five(5)days of service of written notice of the Chief of Police's decision. (1444-10/66,3213-11/93,U49-2/2000) 5.44.080 Exclusions. The provisions of section 5.44.010 shall not be deemed to require a permit for the following: (a) For the use of a radio or music recording machine,or juke box in any establishment; (b) For any entertainment provided for members and their guests at a private club where admission is not open to the public; (c) For entertainment conducted in connection with a regularly established recreation park, circus or fairground; (d) For entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent,charitable dramatic or literary purposes having an established membership and which holds meetings other than such entertainment at regular intervals,when proceeds,if any,arising from such entertainment are used for the purposes of such club, society or association. (1265-12/66) 5.44.090 Revocation and/or Suspension of permit. The Chief of Police may,revoke or suspend the permit and license of any person holding same in the City,upon receiving satisfactory evidence that the licensee or permittee has: (1265-12/66,3213-11/93,3"9-2/2000) (a) received an administrative citation which has been upheld at an administrative hearing,or been convicted of,or has entered a plea of guilty to any violation of the provisions of this chapter,or of any other law or ordinance of the City or state relating to such business; or (3213-11193,3449-2/2000) 212000 5.44.090(b)—5.44.100 Huntington Beach Municipal Code (b) permitted entertainment that is detrimental to the public welfare or that permittee,or his employees,are engaged in conduct or behavior which creates unreasonable noise or constitutes a nuisance, including but not limited to complaints registered with any City Department,the State Alcoholic Beverage Control Board or the County Health Department; or(3449-=000) (c) The application is discovered to contain incorrect,false,or misleading information; or (d) the business has been in violation of three (3)or more violations of the same provision, or six (6)or more violations of any of the provisions,of this Chapter occur(regardless of whether notice of each individual violation is given to the owner or applicant)within any twelve(12) month period; or(3449-mono) (e) The permit holder has had a entertainment permit or other similar permit or license denied or revoked for cause by this city or any other jurisdiction located in or out of this state prior to the date of application. (3449-2i2000) 5.44.095 Suspension Revocation of Permit--Notice to Applicant of Action Taken. Upon determining that grounds for permit revocation or suspension exists,the Chief of Police shall furnish written notice of the revocation to the permit holder. Such notice shall summarize the principal reasons for the revocation. If the notice is mailed,it shall be deposited in the United States Mail, first class postage prepaid,to the address shown on the application. Service shall be deemed complete upon personal service or mailed in the United States Mail. The notice shall also advise the applicant of his right to appeal the revocation or suspension of the permit.(3449- 212000) 5.44.097 Revocation/Suspension—Appeal of Decision. Any permittee aggrieved by the decision of the Chief of Police to revoke or suspend a permit may appeal to the City Council in the manner provided by Section 248.20 of the Huntington Beach Ordinance Code; except that the written appeal must be filed with the City Clerk within five(5)days of service of written notice of the Chief of Police's decision. The notice shall also advise the permittee of his/her right to appeal the revocation or suspension. (m49-w000) 5.44.100 Revocation of permit—Reapplication. Whenever a permit or license is revoked under the terms of this chapter,no other application for a permit under this chapter shall be considered for a period of one year from date of such revocation. (1265-12/66) 212000 Huntington Beach Municipal Code 8.40.010--8.40.020(d) Chapter 8.40 NOISE CONTROL (1006-10163, 1072-11/64,1364-11/67, 1935-11/74,2364-5/79,2379-7/79,Urg.2434-5/80,2533-2/82,2788-9/85,3131-4/92, 3216-12/93,3514-12/01) Sections: 8.40.010 Declaration of policy 8.40.020 Definitions 8.40.030 Noise level measurement criteria 8.40.040 Designated noise zones 8.40.050 Exterior noise standards 8.40.060 Exterior noise levels prohibited 8.40.070 Interior noise standards 8.40.080 Interior levels of noise prohibited 8.40.090 Special provisions 8.40.095 Leaf blowers 8.40.100 Schools,hospitals and churches--Special provisions 8.40.110 Air conditioning,refrigeration--Special provisions 9.40.111 Prohibited noises 8.40.112 Loud noises 8.40.120 Manner of enforcement 8.40.130 Variance procedure 8.40.140 Noise Variance Board 8.40.150 Appeals 8.40.160 Appeals--Notice of hearing 8.40.170 Action of council 8.40.180 Violations--Misdemeanor 8.40.010 Declaration of policy. In order to control unnecessary, excessive and annoying sounds emanating from incorporated areas of the City, it is hereby declared to be the policy of the City to prohibit such sounds generated from all sources as specified in this chapter. It is determined that certain noise levels are detrimental to the public health, welfare and safety and contrary to public interest; therefore, the City Council does ordain and declare that creating, maintaining, causing or allowing to create, maintain or cause.any noise in a manner prohibited -- by, or not in conformity with the provisions of this chapter, is a public-nuisance and shall-be punishable as such. (2379-7/79) 8.40.020 Definitions. The following words, phrases and terms as used in this chapter shall have the meaning as indicated below: (a) "Ambient noise level" shall mean the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. (b) "Commercial property" shall mean a parcel of real property which is developed and used either in part or in whole for commercial purposes including,but not limited to, retail and wholesale businesses and professional offices. (c) "Cumulative period" shall mean an additive period or time composed of individual time segments which may be continuous or interrupted. (d) "Decibel" (db)shall mean a unit which denotes the.ratio between two (2) quantities which are proportional to power; the number of decibels corresponding to the ratio of two (2) amounts of power is ten(10)times the logarithm to the base ten(10) of this ratio. 12/01 8.40.020(e)--8.40.040 • untington Beach Municipal Code (e) "Emergency machinery,vehicle or work" shall mean any machinery, vehicle or work used, employed or performed in an effort to protect,provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. (f) "Fixed noise source" shall mean a stationary device which creates sounds while fixed or motionless, including but not limited to, industrial and commercial machinery and equipment, pumps, fans, compressors,generators, air conditioners and refrigeration equipment. (g) "Grading" shall mean any excavating or filling of earth material, or any combination thereof, conducted to prepare said site for construction or the placement of the improvements thereon. (h) "Impact noise" shall mean the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest. (i) "Industrial property" shall mean a parcel of real property which is developed and used in part or in whole for manufacturing purposes including research and development uses. (j) "Mobile noise source" shall mean any noise source other than a fixed noise source. (k) "Noise level" shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty (20) micropascals (micronewtons per square meter). The unit of measurement shall be designated as db(A). (1) "Person" shall mean a person, firm, association, co-partnership,joint venture, corporation or any entity,public or private in nature. (m)"Residential property" shall mean a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels or motels. (n) "Predominant tone noise" shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. (o) "Sound pressure level" of a sound, in decibels, shall mean twenty (20) times the logarithm to the base of ten(10) of the ratio of the pressure of the sound to a reference pressure-,`which reference pressure shall be explicitly stated. (2379-7/79) 8.40.030 Noise level measurement criteria. Any noise level measurements made pursuant to the provisions of this chapter shall be performed using a sound level meter as defined in this chapter. The location selected for measuring exterior noise levels shall be at any point on the property line of the offender or anywhere on the affected property. Interior noise measurements shall be made within the affected unit. The measurement shall be made at a point in the affected unit at least four(4) feet from the wall, ceiling or floor nearest the noise source. All noise level measurements shall be performed in accordance with procedural rules and regulations of the Orange County Health Department. (2379-7/79) 8.40.040 Designated noise zones. The properties hereinafter described,whether within or without the City, are hereby assigned to the following noise zones: Noise Zone 1: All residential properties; Noise Zone 2: All professional office and public institutional properties; Noise Zone 3: All commercial properties with the exception of professional office properties;and Noise Zone 4: All industrial properties. (2379-7/79) 12/01 Huntington Beach Municipal Code 8.40.050--8.40.070(a) 8.40.050 Exterior noise standards. (a) The following noise standards,unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: Exterior Noise Standards Noise Zone Noise Level Time Period 1 55 db(A) 7 a.m. - 10 p.m. 50 db(A) 10 .m. - 7 a.m. F. R, 2 55 db(A) f Anytime ��;• '= �_g '� ,�� 'cgs 3 60 db(A) Anytime 4. 70 db(A) Anytime (b) In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech,music, or any combination thereof, each of the above noise levels shall be reduced by five (5) db(A). (2379-8/79,2788-9/85) 8.40.060 Exterior noise levels prohibited. It shall be unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level.when measured on any residential,public institutional,professional, commercial or industrial property, either within or without the City, to exceed the applicable noise standards: (a) For a cumulative period of more than thirty (30) minutes in any hour; (b) Plus 5 db(A) for a cumulative period of more than fifteen (15) minutes in any hour; (c) Plus 10 db(A) for a cumulative period of more than five (5) minutes in any hour; (d) Plus 15 db(A) for a cumulative period of more than one (1) minute in any hour; or (e) Plus 20 db(A) for any period of time. In the event the ambient noise level exceeds any of the first four noise limit categories above,the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category,the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. (2379-7179) 8.40.070 Interior noise standards. (a) The following noise standards,unless otherwise specifically indicated, shall apply to all real property within a designated noise zone: Interior Noise Standards Noise Zone Noise Level Time Period - - _.. _.;fr 1 55 db(A) 7 a.m. -10 p.m. 45 db(A) 10 p.m. - 7 a.m. 2, 3, 4 55 db(A) Anytime 12/01 l 8.40.070(b)-8.40.090(g) • Ontington Beach Municipal Code (b) In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) db(A). (2379-7/79,2788-9/85) 8.40.080 Interior levels of noise prohibited. It shall be unlawful for any person at any location within the incorporated area of the City to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured within any other structure on any residential,public institutional, commercial, or industrial property to exceed: (a) The noise standard for a.cumulative period of more than five minutes in any hour; (b) The noise standards plus 5 db(A) for a cumulative period of more than one (1)minute in any hour; or (c) The noise standard plus 10 db(a) for any period of time. In the event the ambient noise level exceeds either of the first two noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the third noise level, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. Each of the noise limits specified above shall be.reduced by 5 db(A) for impact or predominant tone noises, or for noises consisting of speech or music. In the event that the noise source.and the affected property are within different noise zones, the noise standards of the affected property shall apply. (2379-7/79) 8.40.090 Special provisions. The following activities shall be exempt from the provisions of this chapter: (a) School bands, school athletics and school entertainment events,provided such events are conducted on school property or authorized by special permit from the City; (b) Activities otherwise lawfully conducted in public parks, public playgrounds and public or private school grounds; (c) Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work; (d) Noise sources associated with construction, repair, remodeling, or grading of any real property; provided a permit has been obtained from the City; and provided said activities do not take place between the hours of 8 p.m. and 7 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday. (e) All mechanical devices, apparatus or equipment which are utilized for the protection or harvest of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; (f) Mobile noise sources associated with agricultural operations provided such operations do not take place between the hours of 8 p.m. and 7 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday. (g) Mobile noise sources associated with agricultural pest control through pesticide application, provided that the application is made in accordance with restricted material permits issued by or regulations enforced by the Agricultural Commissioner; 12/01 • • Huntington Beach Municipal Code 8.40.090(h)--8.40.095(c)(5) (h) Noise sources associated with the maintenance of real property provided said activities take place between the hours of 8 a.m. and 8 p.m. on any day except Sunday or between the hours of 9 a.m. and 6 p.m. on Sunday or a federal holiday; (i) Leaf blower shall be governed by section 8.40.095. (3131-4/92) (j) Any activity or equipment to the extent that design regulation thereof has been pre-empted by state or federal laws. (2379-7/79) 8.40.095 Leaf blowers. (3131-4/92) (a) Definitions. As used in this section, the following terms shall have meanings as set forth below: (3131-4/92) (1) "Leaf blower" means any machine,however powered, used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces. (3131-4/92) (2) "Parcel" means an area of real property with a separate or distinct number or other designation shown on a plat recorded in the office of the County Recorder. Contiguous parcels owned by the same individual or entity shall be considered one parcel for purposes of this section. (3131-4/92) (b) Unlawful to propel debris beyond parcel boundary. It shall be unlawful for any person to use or operate any leaf blower in such a manner as to blow, dispel or make airborne, dust, leaves, grass cuttings, paper,trash or any other type of unattached debris or material, beyond the parcel boundaries of the parcel being cleaned,unless the consent of the adjoining owner or person in possession is obtained. It shall be unlawful for any person to use or operate any leaf blower within the City in such a way as to blow leaves, dirt and other debris onto the public rights-of-way or private property and to allow such debris to remain there in excess of thirty (30) minutes. (3131-4/92) (c) Special prohibitions. It shall be unlawful for any person to operate a leaf blower within a residential zone or within one hundred feet of a residential zone of the,City of Huntington Beach, except under the following conditions: (3131-4/92) (1) Time restriction. Noise sources associated with the maintenance of real property provided said activities take place between the hours of 8:00 A.M. and 8:00 P.M. on any day except Sunday or between the hours of 9:00 A.M. and 6:00 P.M. on Sunday or a federal holiday. (3131-4/92) (2) Distance restriction. Leaf blowers shall not be operated within a horizontal distance of ten(10) feet of any operable window, door, or mechanical air intake opening or duct; (3131-4/92) (3) Duration of use restriction. Leaf blowers shall not be operated for more than fifteen(15) minutes per hour,per day, on parcels less than one-half acre and no more than thirty (30) minutes per hour on parcels greater than one-half acre up to one acre. Leaf blowers shall not be operated for more than two (2) hours on parcels of one acre or more. (31314/92j (4) Number restriction. No person shall operate more than one (1) leaf blower per parcel on one-half acre, no more than two (2) leaf blowers on parcels greater than one-half acre and no more than three (3) leaf blowers on parcels greater than one acre or more. (3131-4/92) (5) The maximum decibel level of 70 dba as measured ten(10) feet from the leaf blower shall not be exceeded. (3131-4/92) . 12/01 8.40.100--8.40.112(c) • lountington Beach Municipal Code 8.40.100 Schools, hospitals and churches--Special provisions. It shall be unlawful for any person to create any noise which causes the noise level at any school, hospital or church while same is in use,to exceed the noise limits specified for exterior noise standards in this chapter, or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three (3) separate locations within one-tenth(1/10)of a mile of the institution indicating the presence of a school, hospital or church. (2379-7/79) 8.40.110 Air conditioning, refrigeration--Special provisions. During a one (1)year period following the effective date of this chapter, the noise level standards specified in this chapter shall be increased by 5.db(A) where the alleged noise source is an air-conditioning apparatus or refrigeration system, which was installed prior to the effective date of this chapter. (2379-7/79) 8.40.111 Prohibited noises. Notwithstanding any other provisions of this chapter and in addition thereto, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud,unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. (3216-12/93) The standard which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following: (3216-12/93) (a) The level of the noise; (3216-12/93) (b) Whether the nature of the noise is usual or unusual; (3216-12/93) (c) Whether the origin of the noise is natural or unnatural; (3216-12/93) (d) The level and intensity of the background noise, if any; (3216-12193) (e) The proximity of the noise to residential sleeping facilities; (3216-12/93) (f) The nature and zoning of the area within which the noise emanates; (3216-12/93) (g) The density of the inhabitation of the area within which the noise emanates; (3216-12/93) (h) The time of the day and night the noise occurs; (3216-12/93) -- - (i) The duration of the noise; (3216-12/93) (j) Whether the noise is recurrent, intermittent or constant; and (3216-12/93) (k) Whether the noise is produced by a commercial or noncommercial activity. (3216-12/93) 8.40.112 Loud noises. It shall be unlawful for any person to: (3514-12/01) (a) Use, operate, or permit to be operated any radio, receiving set or device, television set, musical instrument,phonograph, CD, DVD,tape player,juke box, or other machine or device for producing or reproducing sound in such a manner as to distrub the peace, quiet, and comfort of other persons. (3514-12/01) (b) Make or allow to be made any noise which continues for more than a five minute period between the hours of 1 OPM and 7AM if such noise is audible for fifty feet or more from the source of the noise. (3514-12/01) (c) Maintain, manage, or control any business or residential property in violation of sections (a) or (b). (3514-12/01) 12/01 Huntington Beach Municipal Code 8.40.112(d)-8.40.140 (d) Own, maintain,control, operate,take care or custody of,or otherwise provide any premises, and allow noise to continue after being informed, anytime within the preceding thirty days by the Police Department,that a violation of this chapter has been committed on said premises. (3514-12/01) (e) Violations of this section are hereby declared a nuisance. (3514-12/01). 8.40.120 Manner of enforcement. Except for Sections 8.40.111 and 8.40.112, the Orange County Health Officer and his duly authorized representatives are directed to enforce the provisions of this chapter. The Orange County Health Officer and his duly authorized representatives are authorized pursuant to Penal Code section 836.5 to arrest any person without 'a warrant when they have reasonable cause to believe that such person has committed a misdemeanor in their presence. (3216-12/93) If the Orange County Health Officer or his duly authorized representatives conduct db(A) tests or readings for purposes of enforcement, and the noise level is found to exceed those levels stipulated as permissible in this chapter,the owner or operator of the noise source shall be required to pay the cost of the db(A)tests or readings. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his duty. (2379-7/79,2533-2/82) 8.40.130 Variance procedure. The owner or operator of a noise source which violates any of the provisions of this chapter may file an application with the Health Officer for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount of seventy-five dollars ($75). A separate application shall be filed for each noise source;provided,however,that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee, the Health Officer shall refer it with his recommendation thereon in accordance with the provisions of this chapter. An applicant for a variance-shall remain subject to prosecution under the terms of this chapter until a variance is granted. (2379-7/79) 8.40.140 Noise variance board. The noise Variance Board shall evaluate all applications for variance from the requirements of this chapter and may grant said variances with respect to time for compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum compliance with the provisions of this chapter. Said terms, conditions and requirements may include,but shall not be limited to, limitations on noise levels and operating hours. Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determination said board shall consider the magnitude of nuisance caused by the offensive noise; the uses of property within the area of impingement by the noise; the time factors related to study, design, financing and construction of remedial work; the economic factors related to age and useful life of equipment; and the general public interest and welfare. Any variance granted by said board shall be by resolution and shall be transmitted to the Health Officer for enforcement. Any violation of the terms of said variance shall be unlawful. 12/01 17111 Beach Blvd., Suite 210 FLOYD G. BELSITO, ESQ. Huntington Beach, CA 92647 (714) 848-3735 October 3 , 2001 City Clerk o City of Huntington Beach o 2000 Main Street C-) c-5�;_ -. Huntington Beach , California 92648 , _D Attn : Connie BrockwayM-1:7 Re : Moulin Rouge appeal c, co z Dear Connie : s, D Please be advised that my Client , Moulin Rouge Restaurant has decided to withdraw its appeal of the suspension of its entertainment permit which was filed with your office on September 17 , 2001 . We have been successful in working out the problem pursuant to the attached letter from the City Attorneys office . Thank you for your cooperation and assistance in this matter . Your very tru , Floyd G. Belsito , Esq . Attorney at Law FROM MOULIN ROUGE RESTAURANT & BAR PHONE NO. : 714 593 3286 Sep. 21 2001 04:04PM PS la'd 11i101 oti�+Q+�p''r p' lb tstaaaw d"Y49 ONO WaNCO mrir 69MU WA to ILtdBlNWMV VWX SYMOWD et t)'! W Min.QN911 gnQA ' �udWi . �taazaAd�ti� q 'H.II�f2ID�N[ ono"mJo azu"q-,olp o tl wgo;m Pgo IBomo$tt-q=d I;r AV&Vtnt*t o)=*A*UPI snort`'IOs� 'IOVOZJZY - to/Or/6 tr wmpq cuogi"014 Ott M.-.sat 70/6I116 'I0/TZ/ZI'a"otp la oomR s*-wi ltuwd mmuRtsmm aml A::>OW•saga =X 3°t 8tt<%iad oqt Lq VnnS AKams Pa o *A4 U!BMFM MORM:sto m0 MMI.Mbtu h►oti>s sipni-'q 00 ptie y1tutat ottcFnaJd aaA uo SmotUp=ptta ARM nor ap"I INRS jP=3d o�U 'I=gddt pst=uanocp aqi of iOrOZ/LI-TO/OZ*=$VM14;uwad antty uo tiuodtua4 I OMI WIA 3U0WP*&Q 00110d aM8 W404=H 30'4!,3 Rp 40Q.1X uanttoa ottogdolol sno sod 9y ;o��Iog'sYll�Q . RAH v-=d t= 9ftwa uR"YQ am vo"g umoapum$ ' 0 iZ wmS 1��it1oH�9 T I l,ii W.RoH peg $999-om ow ift eD0 ti�Ltr1D � - T9'd 069t V4r OIL iriva l.w+ os ,.. •�.,n -� Mr1rC= aNT1A tiC�G7�R ZZ:9t ZBOZ/Tt/60 SEA WIND ESCR13W rFwr- ��•�� 09/21/2001 16:21 8425154 ,. ,,1 i-,,WN tod-qCH 714 374 1590 P.01 ,'ire � • . ,t V yy +'7'=of V C rrV ATTORNEY M q= 190 2000 bun snei Td[evbm Gad Runon Hmab4$00 Bach, Caf nga 92W (7 Q SSS•s555 Q* r Jacc{?'JA)s�4as�e _ September 21.2001 0 C N CD Bud Belsito r C:)- r 17111 Beach Boulevard,Suite 210 D D �'` Huntington$each,CA 92,647 _ N c7 Re: Mourn Range Entertainment Permit CO > 10142 A,da=Avzae,Huntington Beach Dear Mr.Bellsito: As per our telephone Conversation,the City of Huntington Deach Police Department will issue a temporary entartainn mt permit wand$om 9/20/01 - 12/20/01 to the above-named applicant. This permit shell include all terms and conditions on the previous permit,and also includes a now requirement that the applicant maintain two uniformed secarity guards in the parking lot area. Further,the City will issue an went permit for the balance of the yaar,.12J21/01 -9/19102.if there are no violations between 9/20101 - 12/20/01. Lastly,your clicat agrees to withdraw its pending appeal and not challenge the;ssuance of the above• described tempoirary permit. Sincerely, Ztvmc GRAY4 Deputy City Attomey Jll Jk YOUR SIGNATURE BRLOW COINM MS YOUR AGREEMENT TO THE TERMS AND CONDJTIONS STATED JJEREIN. / BUD BELSITO MOULIN ROUGE OWNER DATED: DAT%V'. "1 I0I 61 hnpfi�otresrao �"' TOTAL P.01 9� � �aRA R � da- Cl"i Y C'ILL'RK CITY CF Moulin Rouge Restaurant HUNTINGTON BEACH, CA 10142 Adams Avenue 1001 SEP I -I P 3: 4� Huntington Beach, Ca 92646 Tel (714) 593-3346 Fax (714) 593-3286 City Of Huntington Beach 2000 Main Street Huntington Beach, Ca 92648 Re: Notice on Appeal ABC file No_:41!3.7.8238 To Whom Its May Concern: We choose to appeal this decision because the number of calls was not from our management staffs. There were many times people calls to report false information. We are asking for this appeal because our business needs the Entertainment Permit. Please reconsider to give us a change to do business in the City of Huntington Beach. Your time on this matter is deeply appreciated. Sincerely, w 00 / 0 Hanh To, Owner/manager Moulin Rouge Restaurant CITY OF HUNTINGTON BEACH 2000 MAIN STREET . CALIFORNIA 92648 P. 0. BOX 70 POLICE DEPARTMENT Tel: (714) 960-8811 RONALD E. LOWENBERG Chief of Police September 13, 2001 CLUB MOULIN ROUGE, LLC. DBA: Moulin Rouge 10142 Adams Avenue Huntington Beach, CA., 92646 ABC File No: 41-378238 To Whom It May Concern: The Huntington Beach Police Department received your renewal application for an Entertainment Permit for 2001-2002. During the past year(August 2000 to August 2001), the Huntington Beach Police Department logged 67 calls for police related services at Moulin Rouge, 25 of these calls were related to various disturbances. 15 of the 25 calls for service were citizen reports of overcrowding, smoking violations, fights, and disturbances. 10 of the 25 calls for service were made by employees of your establishment calling in regards to a patrons smoking, intoxicated subjects, disturbances, and fights. A total of 17 police reports were filed with the Huntington Beach Police Department during the past year. Eight(8) Crime Reports were taken, ranging from thefts to an Assault with a Deadly Weapon. An additional nine (9)Arrest Reports were filed, all associated with patrons at, or from, Moulin Rouge. Included in the above calls for service was a citation issued to Moulin Rouge for an Entertainment Permit violation, as well as a Fire Code (overcrowding) violation. The Huntington Beach Police Department has expended approximately 25.5 hours of patrol time, and had to utilize over 100 officers to handle the calls for service at Moulin Rouge during this time period. This approximation includes the 25 disturbance calls for service, and the 17 reports taken. Huntington Beach Municipal Code 5.44.050(l), Condition#10 in your Entertainment Permit from August 2000 to August 2001, states, "Calls for Police service at your establishment deemed excessive as described in 5.44.050 HBMC, as well as any violations of your ABC License or Conditional Use Permit, can result in the suspension or revocation of your Entertainment Permit. " This municipal code section defines 15 police related calls for service as.excessive. The remaining 42 police related activities, observations, and inspections at Moulin Rouge are not included in the excessive calls for service, as defined in Huntington Beach Municipal Code 5.44.050(1). Due to the compilation of the past years calls for service at Moulin Rouge, the Huntington Beach Police Department is denying the renewal of your Entertainment Permit. Your Entertainment Permit privileges will be suspended from September 2001 to September 2002. You may re-apply for an Entertainment Permit in August of 2002. At this time,the Huntington Beach Police Department will conduct another audit of police related calls for service. If the calls for service have decreased, and are within the guidelines set forth in the municipal code,the Huntington.Beach Police Department will issue an Entertainment Permit. Huntington Beach Municipal Code 5.44.097, allows you, as the permittee, to appeal this decision, by the Chief of Police, to the City Council. The appeal process is outlined in Section 248.20 (Chapter 248) of the Huntington Beach Zoning and Sub-Division Ordinance. An appeal of this decision MUST be filed with the City Clerk within five (5) days of receiving this notice. You may contact the City Clerk's office by calling (714) 536-5227. Remember, if you plan on appealing this decision, you must file your appeal within five (5) days. If you have any questions,please feel free to contact Detective Krause at (714) 536-5994. Sincerely, RONALD E. LOWENBERG Chief o olice C. JUNGINGER Sergeant, Vice Unit 5.44.090(b)—5.44.100 • 4untington Beach Municipal Code (b) permitted entertainment that is detrimental to the public welfare or that permittee, or his employees, are engaged in conduct or behavior which creates unreasonable noise or constitutes a nuisance; including but not limited to complaints registered with any City Department, the State Alcoholic Beverage Control Board or the County Health Department; or(3449-2/2000) (c) The application is discovered to contain incorrect, false, or misleading information; or (d) the business has been in violation of three(3) or more violations of the same provision, or six (6) or more violations of any of the provisions, of this Chapter occur(regardless of whether notice of each individual violation is given to the owner or applicant)within any twelve(12) month period; or(3449-2/2000) (e) The permit holder has had a entertainment permit or other similar permit or license denied or revoked for cause by this city or any other jurisdiction located in or out of this state prior to the date-of application. (3449-2/2000) — 5.44.095 Suspension Revocation of Permit--Notice to Applicant of Action Taken. Upon determining that grounds for permit revocation or suspension exists, the Chief of Police shall furnish written notice of the revocation to the permit holder. Such notice shall summarize the principal reasons for the revocation. If the notice is mailed, it shall be deposited in the United States Mail, first class postage prepaid, to the address shown on the application. Service shall be deemed complete upon personal service or mailed in the United States Mail. The notice shall also advise the applicant of his right to appeal the revocation or suspension of the permit.(3449-2/2000) 5.44.097 Revocation/Suspension--Appeal of Decision. Any permittee aggrieved by the decision of the Chief of Police to revoke or suspend a permit may appeal to the City Council in the manner provided by Section 248.20 of the Huntington Beach Ordinance Code; except that the written appeal must be filed with the City Clerk within five(5) days of service of written notice of the Chief of Police's decision. The notice shall also advise the permittee of his/her right to appeal the revocation or suspension. (3449-2Y2000) 5.44.100 Revocation-of permit--Reapplication. Whenever a permit or license is revoked under the terms of this chapter,no other application for a permit under this chapter shall be considered for a period of one year from date of such revocation. (1265-12/66) 2/2000 248.18 Designation of Hearing Body on Appeal The Planning Commission shall hear an appeal from the decision of the Director, Zoning Administrator, Design Review Board, Environmental Assessment Committee, and Subdivision Committee. The City Council shall hear an appeal from the decision of the Planning Commission. The decision of the City Council is final, except that coastal development permits for development located in the appealable area of the coastal zone may be appealed to the Coastal Commission. (3334) 248.20 Appeal of Decision A. Notice of Appeal. A person desiring to appeal a decision shall file a written notice of appeal with the Director within the time required by section 248.16 except an appeal to the Planning Commission's decision shall be filed with the City Clerk. This section shall not apply to any action which must be heard by the City Council whether or not an appeal from the Planning Commission is filed. B. Form of Notice on Appeal. The notice of appeal shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal. The Director may provide the form of the notice of appeal. A defect in the form of the notice does not affect the validity or right to an appeal. C. Action on Appeal. The Director or City Clerk shall set the matter for hearing before the reviewing body and shall give notice of the hearing on the appeal in the time and manner set forth in Sections 248.02 and 248.04. D. De Novo Hearing. The reviewing body shall hear the appeal as a new matter. The original applicant has the burden of proof. The reviewing body may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise grounds or scope of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal, the reviewing body shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken. E. Decision on Appeal. The reviewing body may reverse or affirm in whole or in part, or may modify the order, requirement, decision, or determination that is being appealed. 248.22 Appeal of Failure to Act An applicant may appeal the failure of the Zoning Administrator, Design Review Board, Environmental Assessment Committee, Subdivision Committee or Planning Commission to act on an application if the failure to act continues beyond a reasonable time and the time to act is not otherwise fixed by law. The appeal body shall consider all of the circumstances surrounding the application in determining what is a reasonable time. Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-4 5/97 ' I B. Subsection A applies only to a determination made in the reviewing body's adjudicatory capacity. It does not apply to an action of a legislative nature such as a recommendation for an adoption of a zoning or subdivision provision.- The existence or non-existence of a determination in connection with a legislative action does not affect the validity of that action unless otherwise directed by state law. 248.10 Time and Manner of Decision A. Form. After hearing the evidence and considering the application, the.reviewing body, i.e., Zoning Administrator, Planning Commission, or City Council, shall make its decision. The decision shall be in the form of a written statement, minute order or resolution and shall be accompanied by reasons sufficient to inform as to the basis for the decision. B. Time. The reviewing body shall formulate its written findings within 5 calendar days after the decision. C. Notice of Decision. The Director shall have notice of the decision mailed to the applicant at the address given in the application and to each person who requests in writing notice of the proceedings within 5 working days of the decision, excluding weekends and holidays. The Director shall also have notice of the decision posted and distributed to the Planning Commission and City Council within 48 hours of such decision. D. Acceptance is Applicant's Agreement. The applicant's acceptance of the decision is an agreement to comply with the decision and its terms and conditions. 248.12 Time Limit on Reapplication for Same Matter If an application is denied and the decision is final, no person may file a new application for substantially the same request for a period of one year from the date the action of the city is final except as provided in section 248.14 for denial "without prejudice." 248.14 Denial Without Prejudice If the application is denied "without prejudice," the applicant may reapply for substantially the same request without complying with the time limit prescribed in section 248.12. 248.16 Finality of Decision and Time for Appeal A decision on a discretionary approval is not final until the time for appeal expires. The time for appeal from a decision by the Zoning Administrator, the Environmental Assessment Committee, Subdivision Committee, Design Review Board, or the Planning Commission shall be filed within ten calendar days after the date of the decision. Appeals may not be processed on actions which must be heard by and receive final action by the City Council, except that coastal development permits for development located in the appealable area of the coastal zone may be appealed to the Coastal Commission as described in Section 245.32. (3334) I i Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-3 5/97 ::: :,•";", ;:`;:::is i::` `;:::::;v`;::;::: : i :::: i ::;:::i::::::i •;.::::: ;:i:$ ::: r: ::::::::i::ii::;::;::::i::` is;`:::r;: ..... no Sections: 248.02 Director's Duty to Give Notice 248.04 Notice Requirements 248.06 Rules Governing Conduct of Hearing, Opportunity to be Heard and Burden of Proof 248.08 Requirement that Findings be Made Upon Grant of Application 248.10 Time and Manner of Decision 248.12 Time Limit on Reapplication for Same Matter 248.14 Denial Without Prejudice 248.16 Finality of Decision and Time for Appeal 248.18 Designation of Hearing Body on Appeal 248.20 Appeal of Decision 248.22 Appeal of a Failure to Act 248.24 Appeal of Decision Not Otherwise Provided For 248.26 Fee for Appeal 248.28 Appeal by City Council Members or Planning Commissioner 248.30 Effective Date of Decision 248.02 Director's Duty to Give Notice Within sixty(60) days after final environmental evaluation the Director shall give the notice of public hearing required by law. The form of the notice shall contain- A. The date, time and place of the hearing; B. A general explanation of the matter to be considered, including a general description of the area affected; C. - Other information which is required by statute or specific provision of this code or which the Director considers necessary or desirable. (Rest of page not used) Huntington Beach Zoning and Subdivision Ordinance Chapter 248. 248-1 5/97 I - I 248.04 Notice Requirements Type of Action Notice Requirement* Reference to Notice Requirement A. General Plan Adoption or Amendment 65090, 65091 65353 B. Zoning Ordinance Planning Commission (Gen.) 65090 65853--65857 Planning Commission (Uses) 65090, 65091 65853--65957 City Council 65090 65853--65857 C. Variance, conditional use permit, 65091 65905 development agreement, special sign permit, revocation, modification or appeal D. Subdivision 65090, 65091 66451.3(a) E. Home occupation revocation 65091 65905 I *References are to the Government Code These notice requirements are declaratory of existing law. If state law prescribes a different notice requirement, notice shall be given in that manner. A reviewing body designated to hear a matter may direct that notice be given in a manner that exceeds the notice requirement prescribed by state law. Public notice requirements for coastal development permits shall be as described in Section 245.20 or 245.22. (3334) 248.06 Rules Governing Conduct of Hearing: Opportunity to be Heard and Burden of Proof Public hearings shall comply with minimum procedural standards prescribed by Government Code section 65804. Each person interested in a matter that is the subject of a public hearing shall be given an opportunity to be heard. In each case, the applicant has the burden of proof at the public hearing on the application and at the public hearing on the appeal. 248.08 Requirement that Findings be Made Upon Grant of Application A. In each case where a reviewing body is designated to make a decision of an adjudicatory nature as the result of a proceeding in which a hearing is required by state law or this ordinance code to be given, the body shall make findings to support its decision. Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-2 5197 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 P. 0. BOX 70 POLICE DEPARTMENT Tel: (714) 960-88111 RONALD E. LOWENBERG Chief of Police September 13, 2001 CLUB MOULIN ROUGE, LLC. DBA: Moulin Rouge 10142 Adams Avenue Huntington Beach, CA., 92646 ABC File No: 41-378238 To Whom It May Concern: The Huntington Beach Police Department received your renewal application for an Entertainment Permit for 2001-2002. During the past year(August 2000 to August 2001), the Huntington Beach Police Department logged 67 calls for police related services at Moulin Rouge, 25 of these calls were related to various disturbances. 15 of the 25 calls for service were citizen reports of overcrowding, smoking violations, fights, and disturbances. 10 of the 25 calls for service were made by employees of your establishment calling in regards to a patrons smoking, intoxicated subjects, disturbances, and fights. A total of 17 police reports were filed with the Huntington Beach Police Department during the past year. Eight(8) Crime Reports were taken,ranging from thefts to an Assault with a Deadly Weapon. An additional nine (9) Arrest Reports were filed, all associated with patrons at, or from, Moulin Rouge. Included in the above calls for service was a citation issued to Moulin Rouge for an Entertainment Permit violation, as well as a Fire Code (overcrowding) violation. The Huntington Beach Police Department has expended approximately 25.5 hours of patrol time, and had to utilize over 100 officers to handle the calls for service at Moulin Rouge during this time period. This approximation includes the 25'disturbance calls for service, and the 17 reports taken. Huntington Beach Municipal Code 5.44.050(l), Condition 410 in your Entertainment Permit from August 2000 to August 2001, states, "Calls for Police service at your establishment deemed excessive as described in 5.44.050 HBMC, as well as any D violations of your ABC License or Conditional Use Permit, can result in the suspension or revocation of your Entertainment Permit. " This municipal code section defines 15 police related calls for service as excessive. The remaining 42 police related activities, observations, and inspections at Moulin Rouge are not included in the excessive calls for service, as defined in Huntington Beach Municipal Code 5.44.050(l). Due to the compilation of the past years calls for service at Moulin Rouge,the Huntington Beach Police Department is denying the renewal of your Entertainment Permit. Your Entertainment Permit privileges will be suspended from September 2001 to September 2002. You may re-apply for an Entertainment Permit in August of 2002. At this time, the Huntington Beach Police Department will conduct another audit of police related calls for service. If the calls for service have decreased, and are within the guidelines set forth in the municipal code, the Huntington Beach Police Department will issue an Entertaimnent Permit. Huntington Beach Municipal Code 5.44.097, allows you, as the permittee, to appeal this decision,by the Chief of Police, to the City Council. The appeal process is outlined in Section 248.20 (Chapter 248) of the Huntington Beach Zoning and Sub-Division Ordinance. An appeal of this decision MUST be filed with the City Clerk within five (5) days of receiving this notice. You may contact the City Clerk's office by calling (714) 536-5227. Remember, if you plan on appealing this decision, you must file your appeal within five (5) days. If you have any questions, please feel free to contact Detective Krause at (714) 536-5994. Sincerely, RONALD E. LOWENBERG Chief o olice C. JUNGINGER Sergeant, Vice Unit R �a City ofHuntington B each aP BOX 180 --'�'a'`�`"CALIFORNIA 92648 ot O ' ,D . i l City Council Subject: Moulin Rouge Entertainment Permit Revocation August 6, 2004 Page 2 April 2004 April 8, 2004: Loud Refrigerator Truck at location CN#4044437 April 13, 2004: Loud Refrigerator Truck at location CN#4046673 April 15, 2004: Citizen Complaint of Loud Music CN#4047154 April 16, 2004: Citizen Complaint of Loud Music CN#4047566 April 16, 2004: Citizen Complaint of Loud Music CN#4048031 April 17, 2004: Citizen Complaint of Loud Music CN#4048460 April 25, 2004: Assault & Battery CN#4051595 April 27, 2004: Citizen Complaint of Loud Music CN#4052782 April 29, 2004: Citizen Complaint of Loud Music CN#4053705 April 30, 2004: Patron Disturbing the Peace CN#4054172 Ma 20 4 May 1, 2004: Citizen Complaint of Lou usic CN#4054223 May 2, 2004: Citizen Complaint of Lo d Music CN#4054683 May 2, 2004: Patrons Refusing to ave CN#4054705 May 3, 2004: Citizen Complaint o Loud Music (Civil Citation) DR# 04-7873 May 5, 2004: Citizen Complain f Loud Music CN#4056478 May 6, 2004: Assault & Batte CN#4056546 May 11, 2004: Citizen Com aint of Loud Music (Civil Citation) DR# 04-8408 May 15, 2004: Citizen Co plaint of Loud Music (Civil Citation) DR#04-8804 May 26, 2004: Police De artment/City Inspection DR#04-10241 May 29, 2004: Vehicle Racing in Parking Lot CN#4067009 May 29, 2004: Citize Complaint of Loud Music (Civil Citation) DR# 04-9556 June 2004 June 5, 2004: itizen Complaint of Loud Music CN#4070855 June 19, 200 : Citizen Complaint of Physical Fight CN#4077630 June 19, 20 4: Business called for Intoxicated Patrons CN#4077644 June 20, 04: Citizen Complaint of Assault at Location DR#04-10952 June 24, 004: Citizen Complaint of Physical Fight CN#4079666 June 2 , 2004: Citizen Complaint of Loud Music CN#4081213 June 7, 2004: Citizen Complaint of Loud Music CN#4081286 July 2004 July 1, 2004: Report for Incidents on June 26 & 27(Civil Citation) DR# 04-11723 July 8, 2004: Citizen Complaint of Loud Music CN#4088135 July 11, 2004: Physical Fight and Permit Violations (Civil Citation) DR# 04-12523 July 17, 2004: Citizen Complaint of Loud Patrons CN#4092113 July 17, 2004: Citizen Complaint of Loud Music CN#4092553 City Council Subject: Moulin Rouge Entertainment Permit Revocation August 6, 2004 Page 3 August 2004 August 3, 2004: Report for Incidents on July 17 (Civil Citation) DR#04-14095 g Pending Fines from Moulin Roue As of August 4, 2004, the Moulin Rouge is delinquent on all fines/citations issue by the Huntington Beach Police Department. Information obtained from the Treasurer's Office shows two (2) prior citations have gone past due and unpaid with a balance of$�/,fi7.94. These citations are pending collections by the city. The Moulin Rouge has twX2) additional citations pending a hearing date, and two (2) recent citations issued within the/past he past two (2)weeks. The Moulin Rouge has $6,117.94 in outstanding fines with the City of Huntington Beach. The Moulin Rouge has refused service of correspondence containing letters and civil citations. This has required that department personnel make personal seervi�e of the documents. Owner Advisemef t On several occasions, Detective Krause spoke with/M Pham, who is one of the owners of Moulin Rouge. Detective Krause advised him of the continued calls for service and entertainment permit violations. He also discus ed management's inability to operate the business within the guidelines set forth by the Zy of Huntington Beach and the ABC. Mr. Pham was advised that continued violations fight lead to the revocation of the Moulin Rouge Entertainment Permit. Since Mr. Pham, and the Moulin Roug , received the Entertainment Permit Revocation Letter dated June 11, 2004, there have bee eleven (11) police related calls for service at the Moulin Rouge and three civil citations were issued. These calls for service included citizen complaints of loud music, intoxicated patrons, nd physical altercations. It appears that the owners and managers of the Moulin Rouge a not making any attempt to resolve the problems that have resulted in excessive police cal for service and complaints from nearby residents. Huntington Beach Municipa Code 5.44.050, subsection (1), which is listed as Condition #10 of Moulin Rouge's Entertain ent Permit (January 1, 2004 to January 1, 2005), states, "Calls for Police service at your establishment deemed excessive as described in 5.44.050 HBMC, as well as any violations of You License or Conditional Use Permit, can result in the suspension or revocation of your E tertainment Permit." This municipal code section defines fifteen (15) police related calls for/service as excessive. Huntington Beach P Zunicipal Code, 5.44.090, subsection (d), states that three (3) or more violations of the same provision, or six (6) or more violations of any of the provisions of this section, within a 12 month period, can constitute cause for the Chief of Police to revoke an Entertainment Permit. 1.I L K t;! Y OF August 10, 2004 HUNTHNGTON BEACH, CA 1004 AUG I I P u= 0.1 Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, CA 92648 In Re: City Council Public Hearing 8/16/04 Moulin Rouge LLC appeal Dear Members of the Council: We are writing to you about the above referenced appeal by Moulin Rouge LLC to reinstate their Entertainment Permit for Club Moulin Rouge located at 10142 Adams Avenue in Huntington Beach. When the Moulin Rouge originally applied for their permit and we received notice about it, we called to the City for more information and we were told they wanted to play music outside on the front patio where they were going to start serving meals. No mention was made that they would be using live music in their bar. Since this patio faces toward Brookhurst, we felt that "recorded music" for the restaurant guests would not be a problem for any of the residences that border the parking lot of this commercial center. What did occur was the use of live entertainment in their bar, turning the facility into a night club. As a result, there has been a major problem with the level of sound of the music continuing until wee hours of the morning, major brawls and arguments by customers in the parking lot and car noises that has affected the people who live adjacent to this area of the commercial center. It is further understood that their liquor permit requires that at least 50% of their revenue is to come from the restaurant part of their facility. In fact, we were advised that only 10% was coming from the restaurant and 90%from their bar. We object to granting Moulin Rouge LLC another Entertainment Permit in view of their misuse of their first permit. Since they chose to circumvent the requirements of the first permit, we believe they will again slowly change their focus to the bar income which has been the major revenue from that facility. If they are given another permit, it will mean that the residents will have to monitor the noise problem which means constant contacting of the police and unhappy homeowners. Since the homeowners were here a long time before this commercial development was constructed, we believe the homeowners should have first consideration for their peace and quiet. Maintaining the Moulin Rouge as a restaurant and bar with NO entertainment has been compatable for many years with the residents and should be continued in this way. Therefore, we strongly request that you deny the application for the Entertainment Permit. Sincerely yours, Mr. & Mrs. David Wickersham 20092 Viva Circle Huntington Beach, CA 92646 714-962-3562 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) NOTICE OF I am a Citizen of the United States and a PUBLIC HEARING resident of the Count aforesaid; I am BEFORE THE CITY COUNCIL y OF THE CITY OF over the age of eighteen years, and not a HUNTINGTONBEACH ,.} NOTICE' IS HEREBY party-to'or interested-in-the below entitled _ -GIVEN that-on-Monday, matter. I am a principal clerk of the August the 2004,City at Council p.m. in the City Council Chambers, 2000 Main HUNTINGTON BEACH INDEPENDENT, BStre ,each,ttheHCity�Council a newspaper of general circulation will hold a public hearing g � to consider the appeal printed and published in the City of by Moulin Rouge LLC of, the revocation of the Entertainment Permit for Huntington Beach, County of Orange, Club Moulin Rouge, LLC„ State of California, and that attached which is located at 10142 Adams Avenue,, Huntington Beach, CA, Notice is a true and com lete co as 92646 (east• of P copy Brookhurst Street). was printed and published in the ON FILE: a copy of the proposed request is on Huntington Office,Beach issue of said file in the City Clerk's ,2000 Main Street, newspaper to wit the Issue(s) of: Huntington Beach. Cali- fornia 92648, for in- spection by the public. ALL INTERESTED PERSONS are invited to attend said hearing and express' opinions or. submit evidence for or. against the request as AUgUSt 5 , 2004 outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this _ notice or in written correspondence . deliv- declare, under penalty of perjury, that Bred to the City at, or prior to, the public hearing. Direct . your the foregoing is true and correct. twritten o the City Clerkunication. Joan L.'Flynn, City Clerk City of Executed on August 5, 2004 Huntington Beach 2000 Main Street, at Costa Mesa, California. Hunt ngton°Beach, CA 92648 (714)536-5227 Published Huntington Beach Independent Au- gust 5,20.04 081-8531 Signature i PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) NOTICE OF I am a Citizen of the United States and a PUBLIC HEARING resident of the County aforesaid; I am BEFORE THE CITY COUNCIL OF THE CITY OF over the age of eighteen years, and not a HUNTINGTON BEACH P NOTICE IS HEREBY a o or interested_in the below. _ -_ GIVEN-GIVEN-that-on-Monday, - - rty-t _ - entitled._ — - - - ---- August 16,2004, at 7:00 matter. I am a principal clerk of the p.m. in the City Council HUNTINGTON BEACH INDEPENDENT, Chambers, Street, Huunntiti Mainngton a newspaper of general circulation, Beach, the City Council will hold a public hearing to consider the appeal printed and published in the City of by Moulin Rouge LLC °f the revocation of the Entertainment Permit for Huntington Beach, County of Orange, Club Moulin Rouge, LLC, State of California, and that attached which is located at 10142 Adams Avenue, Notice is a true and complete copy as Huntington Beach, 92646 (east of Brookhurst Street). was printed and published in the ON FILE:A copy of the proposed request is on file in the City Clerk's Huntington Beach issue of said Office,2000 Main"Street, newspaper to wit the Issue(s) of: fo nta 92 Beach, Cali rnia 648, for in- spection by the public. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the request as August 5 , 2004 outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at. the public hearing described in this notice or in .written correspondence deliv- declare, under penalty of perjury, that Bred to the City at, or prior to, the public hearing. Direct your the foregoing is true and correct. written communication to the CityClerk. Joan L.Flynn, City Clerk Executed on August 5 , 2004 Huntington ngt nF n Beach 2000 Main Street, at Costa Mesa, California. Hunt ngtonoor Beach, CA 92648 (714)536-5227 Published Huntington / Beach Independent Au, / gust 5,2004 081-85i Signature GoY OF HUNTINGTON BEA j /�'t 6k/A-n-/) C.A . H INTER-DEPARTMENT COMMUNICATION. HUNTINGTON BEACH TO: City Council oCZ r � VIA: Dr. Penelope Culbreth-Graft, City Administrator � CO FROM: Kenneth W. Small, Chief of Police o Z. - SUBJECT: Moulin Rouge Entertainment Permit Revocation DATE: August 6, 2004 D ` Z _ On June 11, 2004 1 initiated action to revoke the Entertainment Permit for the Moulin Rouge Restaurant located at 10142 Adams. The Moulin Rouge has appealed the revocation, and a public hearing will be held at the City Council Meeting on August 16, 2004. My decision to revoke the permit was based on the following information. Since January 1, 2004, the Huntington Beach Police Department responded to the following police related calls for service and police related investigations involving the Moulin Rouge. I Loud Music Complaints: 22 Other loud noise complaints 4 Intoxicated Patron Arrests 2 Assaults 7 Misc. Disturbances 6 Warning Letters 1 j COP/City Inspections 1 Civil Citations/Letters 8 (6 Civil Citations) Crime/Information Reports: 13 Below is the brief description of police calls for service at Moulin Rouge. January 2004 January 18, 2004: Disturbance & Permit Violations DR#04-1003 January 30, 2004: Loud Music (Civil Citation) DR# 04-1877 February 2004 February 8, 2004: Theft of keys from patrons CN#4017305 February 15, 2004: Disturbance: 2 arrests for intoxication DR#04-2813 March 2004 March 10, 2004: Citizen Complaint of Loud Music CN#4031436 March 13, 2004: Citizen Complaint of Loud Music CN#4032297 March 24, 2004: Loud Refrigerator Truck at location CN#4037748 CD u,NG+/c. L�TI� 6 'PAI. A M0 n o.v � .dCW y °Pc - r',�o /'�'Jo -'� �° PiQd v�7J (� -D - / City Council • • Subject: Moulin Rouge Entertainment Permit Revocation August 6, 2004 Page 2 March 28, 2004: Loud Refrigerator Truck at location CN#4039424 March 30, 2004: Loud Music and Refrigerator Truck CN#4040470 March 31, 2004: Physical Altercation DR#04-5720 April 2004 April 8, 2004: Loud Refrigerator Truck at location CN#4044437 April 13, 2004: Loud Refrigerator Truck at location CN#4046673 April 15, 2004: Citizen Complaint of Loud Music CN#4047154 April 16, 2004: Citizen Complaint of Loud Music CN#4047566 April 16, 2004: Citizen Complaint of Loud Music CN#4048031 April 17, 2004: Citizen Complaint of Loud Music CN#4048460 April 25, 2004: Assault & Battery CN#4051595 April 27, 2004: Citizen Complaint of Loud Music CN#4052782 April 29, 2004: Citizen Complaint of Loud Music CN#4053705 April 30, 2004: Patron Disturbing the Peace CN#4054172 May 2004 May 1, 2004: Citizen Complaint of Loud Music CN#4054223 May 2, 2004: Citizen Complaint of Loud Music CN#4054683 May 2, 2004: Patrons Refusing to Leave CN#4054705 May 3, 2004: Citizen Complaint of Loud Music (Civil Citation) DR# 04-7873 May 5, 2004: Citizen Complaint of Loud Music CN#4056478 May 6, 2004: Assault & Battery CN#4056546 May 11, 2004: Citizen Complaint of Loud Music (Civil Citation) DR#04-8408 May 15, 2004: Citizen Complaint of Loud Music (Civil Citation) DR#04-8804 May 26, 2004: Police Department/City Inspection DR# 04-10241 May 29, 2004: Vehicles Racing in Parking Lot CN#4067009 May 29, 2004: Citizen Complaint of Loud Music (Civil Citation) DR# 04-9556 June 2004 June 5, 2004: Citizen Complaint of Loud Music CN#4070855 June 19, 2004: Citizen Complaint of Physical Fight CN#4077630 June 19, 2004: Business called for Intoxicated Patrons CN#4077644 June 20, 2004: Citizen Complaint of Assault at Location DR#04-10952 June 24, 2004: Citizen Complaint of Physical Fight CN#4079666 June 26, 2004: Citizen Complaint of Loud Music CN#4081213 June 27, 2004: Citizen Complaint of Loud Music CN#4081286 July 2004 July 1, 2004: Report for Incidents on June 26 & 27(Civil Citation) DR# 04-11723 July 8, 2004: Citizen Complaint of Loud Music CN#4088135 July 11, 2004: Physical Fight and Permit Violations (Civil Citation) DR# 04-12523 July 17, 2004: Citizen Complaint of Loud Patrons CN#4092113 July 17, 2004: Citizen Complaint of Loud Music CN#4092553 City Council • • Subject: Moulin Rouge Entertainment Permit Revocation August 6, 2004 Page 3 August 2004 August 3, 2004: Report for Incidents on July 17 (Civil Citation) DR#04-14095 Pending Fines from Moulin Rouge As of August 4, 2004, the Moulin Rouge is delinquent on all fines/citations issued by the Huntington Beach Police Department. Information obtained from the Treasurer's Office shows two (2) prior citations have gone past due and unpaid with a balance of$2,117.94. These citations are pending collections by the city. The Moulin Rouge has two (2) additional citations pending a hearing date, and two (2) recent citations issued within the past two (2)weeks. The Moulin Rouge has $6,117.94 in outstanding fines with the City of Huntington Beach. The Moulin Rouge has refused service of correspondence containing letters and civil citations. This has required that department personnel make personal service of the documents. Owner Advisement On several occasions, Detective Krause spoke with Mr. Pham, who is one of the owners of Moulin Rouge. Detective Krause advised him of the continued calls for service and entertainment permit violations. He also discussed management's inability to operate the business within the guidelines set forth by the City of Huntington Beach and the ABC. Mr. Pham was advised that continued violations might lead to the revocation of the Moulin Rouge Entertainment Permit. Since Mr. Pham, and the Moulin Rouge, received the Entertainment Permit Revocation Letter dated June 11, 2004, there have been eleven (11) police related calls for service at the Moulin Rouge and three civil citations were issued. These calls for service included citizen complaints of loud music, intoxicated patrons, and physical altercations. It appears that the owners and managers of the Moulin Rouge are not making any attempt to resolve the problems that have resulted in excessive police calls for service and complaints from nearby residents. Huntington Beach Municipal Code 5.44.050, subsection (1), which is listed as Condition#10 of Moulin Rouge's Entertainment Permit (January 1, 2004 to January 1, 2005), states, "Calls for Police service at your establishment deemed excessive as described in 5.44.050 HBMC, as well as any violations of your ABC License or Conditional Use Permit, can result in the suspension or revocation of your Entertainment Permit." This municipal code section defines fifteen (15) police related calls for service as excessive. Huntington Beach Municipal Code, 5.44.090, subsection (d), states that three (3) or more violations of the same provision, or six (6) or more violations of any of the provisions of this section, within a 12 month period, can constitute cause for the Chief of Police to revoke an Entertainment Permit. It is requested that, following the public hearing, that the council deny the appeal from the Moulin Rouge. (9) • August 16, 2004 - Councilgency Agenda - Page 9 D. PUBLIC HEARINGS Anyone wishing to speak on an OPEN public hearing is requested to complete the attached pink form and give it to the Sergeant-at-Arms located near the Speaker's Podium. D-1. (City Council) Public Hearing to Consider Appeal Filed by Applicant, Club Moulin Rouge, LLC of the Revocation of Entertainment Permit,ABC File No. 41-378238 (Located at 10142 Adams Avenue e/o Brookhurst Street) (420.40) Public hearing to consider the appeal filed by Moulin Rouge, LLC of the revocation of the Entertainment Permit for Club Moulin Rouge, LLC, which is located at 10142 Adams Avenue, Huntington Beach, CA, 92646 (east of Brookhurst Street). ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the request as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. Direct your written communications to the City Clerk. 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input,close public hearing "Communication with Recommended Action stated below from Police Chief Kenneth W. Small dated August 6, 2004 and titled Moulin Rouge Entertainment Permit Revocation is included in the agenda packet. "Communication of the appeal from Floyd G. Belsito, Esq. Attorney at Law dated July 2, 2004 titled Revocation of Entertainment Permit Club Moulin Rouge, LLC with includes a copy of the letter dated June 29, 2004 sent to Bill Pham is included in the agenda packet. "Communication from Mr. and Mrs. David Wickersham dated August 10, 2004 titled City Council Public Hearing 8116104 Moulin Rouge LLC appeal is included in the agenda packet. Recommended Action: It is requested that, following the public hearing, that the council deny the appeal from the Moulin Rouge. Police Chief Kenneth Small provided a brief introduction regarding the conditions, stating reasons for the revocation of the permit. Chief Small summarized the Communication included in the agenda packet. Applicant and one of the Moulin Rouge owners Bill Pham spoke relative to efforts to mitigate noise, including the hiring of acoustic engineers. Mr. Pham contended (10) • August 16, 2004 -CounciRency Agenda - Page 10 problems arose due to a miscommunication, stating they were not made aware of any complaints, and that it has not been established that the Moulin Rouge is a nuisance. Councilmember Coerper requested that the City Treasurer provide records if fines have been paid. Detective Krause reported on the police calls for service on noise complaints. Mayor Green opened the public hearing. City Clerk, Joan L. Flynn restated the Late Communications announced earlier as it pertains to this public hearing. Several Meredith Gardens residents spoke during public testimony in opposition to continued operation of the club. The Attorney for the applicant/appellant, Lloyd Belsito spoke regarding ambient noise levels. Motion to deny appeal from the Moulin Rouge. Approved 6-0-1 (Hardy absent) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, August 16, 2004, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing to consider the appeal by Moulin Rouge LLC of the revocation of the Entertainment Permit for Club Moulin Rouge, LLC, which is located at 10142 Adams Avenue, Huntington Beach, CA, 92646 (east of Brookhurst Street). ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the request as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. Direct your written communication to the City Clerk. Joan L. Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2"a Floor Huntington Beach, CA 92648 (714) 536-5227 17111 Beach Blvd., Suite 210 FLOYD G. BELSITO, ESQ. Huntington Beach, CA 92647 (714) 848-3735 July 2 , 2004 City of Huntington Beach 2000 Main Street Huntington Beach , California 92648 Attn : City Clerk Re : Revocation of Entertainment Permit Club Moulin Rouge , LLC Dear City Clerk : Pursuant to Municipal Code Section 5 .44. 097 , my Client Club Moulin Rouge , LLC hereby appeals the decision of Kenneth W. Small , Chief of Police to revoke my Client ' s Entertainment Permit privileges . We request that a hearing be scheduled before--the Huntington Beach City Council as soon as possible. Thank you for your prompt response to this request. Yours ry truly , 014oyvlodG.�Pelsito , Esq . Attorney at Law N c a = ram-- ----- -. . N lw: � Jun 29 04 05: 25p Ir rmation Systems O 374-1630 p- 2 CITY OF 11 2000 MAIN STREET . CALIFORNIA 92648 ;.� P.O. BOX 70 POLICE DEPARTMENT Tel (714)960=8811. Kenneth W. Small Chief of Police June 29, 2004 Bill Pham CLUB MOULIN ROUGE, LLC. DBA: Moulin Rouge 10142 Adams Avenue Huntington Beach, CA., 92646 ABC File No: 41-378238 Mr. Pham: The Huntington Beach Police Department has conducted an on-going investigation into the numerous police related calls for service at your establishment. This investigation began_on January.18, 2004,when.a uniformed officer responded to the Moulin Rouge regarding a citizen complaint of loud music Several"condition violations were noted during that investigation. These violatiom were4ocumented under DR#04=01.003 Since January 1, 2004,the Huntington Beach Police Department had the following police related calls for service; Loud Music Complaints: 17 Mechanical Disturbances: 4 Intoxicated Patron Arrests: 2 Assaults: 2 Misc. Disturbances: 5 Warning Letters: 1 COP/City Inspections: :; _ 1 Civil Citations/Letters: 5 Crime/information Reports: 'f1 Below is the breakdown of these calls for service;' January 2004 January 18, 2004— Disturbance & Permit Violations DR#04-1003 January 30, 2004 — Loud Music (Cite) DR#04-1877 February 2004 February 8, 2004—Theft of keys from patrons CN#4017305 February 15, 2004—Disturbance—2 arrests for Intoxication DR#04-2813 o • i �� FECEIVED _T_IMEJUN• 29. 5:49FM Huntington Beach Municipal Code 5.44.050(3)—5.44.080(c) a • (3) The entertainment to be provided would not attract crowds considered large for that location,would not overwhelm the available police and safety services, and would not be incompatible with the surrounding environment, and (4) The premises within which.the entertainment is to be presented shall provide sufficient sound-absorbing insulation such that noise__generated within the premises shall not.be in, violation of Huntington Beach Municipal Code Section 8.40 in relation to adjacent property or public right-of-way or within any other building or other separate unit within the same building, and (5) Considering where the entertainment is to be presented and its proximity to other businesses,residences, and the surrounding environs, there exist possible effective means of mitigating the noise emanating from the business to a level of insignificance and in compliance with Huntington Beach Municipal Code Section 8.40, and (6) The place of entertainment is to be located in a zone permitting the proposed use under Chapter 211 of the Huntington Beach Ordinance Code, and (7) All signage conforms to the requirements for that zone, and (8) The granting of an entertainment permit would not violate other sections of the Huntington Beach Municipal Code or other applicable municipal;state, or federal laws, and (9) The required fee has been paid. (1265-12/66 1444=10/68,3213 .11/93 Urg 3247-8/94,3449 2100) 5.44.060 Permit-Period valid:` The permit shall be granted for the specific occasion requested; . or if the request is for continuous permit,the permit shall be issued for not longer than one year. (1265-12/66) 5.44.065 Permit-Notice'to Applicant of Action Taken. Within twenty(20) working days after the making and filing of the application,unless the applicant signs a written waiver of notice,the Police Department shall mail or personally deliver written notice to the applicant stating the action that was taken on the application,together with a list of any conditions imposed if the application is granted or, if the application is denied,the specific grounds for the denial. The notice shall also advise the applicant of his/her right to appeal the denial of his application or any of the conditions imposed. (3213-11/93,3449-2/00) 5.44.070 Permit—Appeal of decision. Any permittee aggrieved by the decision of the Chief of Police to deny or impose_any.conditions on such a permit may appeal.to:the City.Council in the.. . manner.provided by Section 24.8.20 of the.Huntington Beach Ordinance Code; except that the written appeal must be filed with the City Clerk within five(5) days of service of written notice of the Chief of Police's decision. (1444-10/68,3213-11/93,3449-2/00) 5.44.080 Exclusions. The provisions of section 5.44.010 shall not be deemed to require a permit for the following: (a) For the use of a radio or music recording machine, or juke box in any establishment; (b) For any entertainment provided for members and their guests at a private club where • admission is not open to the public; (c) For entertainment conducted in connection with a regularly established recreation park, circus or fairground; 2/00 • a 5.44.080(d)—5.44.100 Huntington Beach Municipal Code • (d) For entertainment conducted by or sponsored by any bona fide club, society or association, organized or incorporated for benevolent,charitable dramatic or literary purposes having an established membership and which holds meetings other than such entertainment at regular intervals, when proceeds, if any, arising_ from such entertainment are used for the purposes of such club;society or association: (1265-12/66) .. 5.44.090 Revocation and/or Suspension of permit. The Chief of Police may,revoke or suspend the permit and license of any person holding same in the City, upon receiving satisfactory evidence that the licensee or permittee has: (a) received an administrative citation which has been upheld at an administrative hearing, or been convicted of, or has entered a plea of guilty to any violation of the provisions of this chapter, or of any other law or ordinance of the City or state relating to such business;or (b) permitted entertainment that is detrimental to the public welfare or that permittee, or his employees, are engaged in conduct or behavior which creates unreasonable noise or constitutes a nuisance, including but not limited to complaints registered with any City Department, the State Alcoholic Beverage Control Board or the County Health Department; or (c) The application is discovered to contain incorrect, false, or misleading information; or (d) the business has been in violation of three(3) or more violations of the same provision, or.. • six (6) or more violations of any of the provisions,of this Chapter.occur(regardless of whether notice:of each individual violation i$.given to.the owner or applicant)within any: twelve(12)month period; of (e) The permit holder has had a entertainment permit or other similar permit or license denied or revoked for cause by this city or any other jurisdiction located in or out of this state prior to the date of application. (1265-12/66,3213-11/93,3449-2/00) 5.44.095 Suspension Revocation of Permit—Notice to Applicant of Action Taken. Upon determining that grounds for permit revocation or suspension exists,the Chief of Police shall furnish written notice of the revocation to the permit holder. Such notice shall summarize the principal reasons for the revocation. If the notice is mailed, it shall be deposited in the United States Mail, first class postage prepaid,to the address shown on the application. Service shall be deemed complete upon personal service or mailed in the United States Mail. The notice shall also advise the applicant of his right to appeal the revocation or suspension of the permit: (3449-2/00) ... . 5.44.097 Revocation/Suspension—Appeal of Decision. Any permittee aggrieved by the decision of the Chief of Police to revoke or suspend a permit may appeal to the City Council in the manner provided by Section 248.20 of the Huntington Beach Ordinance Code;except that the written appeal must be filed with the City Clerk within five(5)days of service of written notice of the Chief of Police's decision. The notice shall also advise the permittee of his/her right to appeal the revocation or suspension. (3449-2100) 5.44.100 Revocation of permit—Reapplication. Whenever a permit or license is revoked under • the terms of this chapter, no other application for a permit under this chapter shall be considered for a period of one year from date of such revocation. (1265-12/66) 02/00 • Idt earin Sections: 248.02 Director's Duty to Give Notice 248.04 -Notice Requirements 248.06 Rules Governing Conduct of Hearing, Opportunity to be Heard and Burden of Proof 248.08 Requirement that Findings be Made Upon Grant of Application 248.10 Time and Manner of Decision 248.12 Time Limit on Reapplication for Same Matter 248.14 Denial Without Prejudice 248.16 Finality of Decision and Time for Appeal 248.18 Designation of Hearing Body on Appeal 248.20 Appeal of Decision 248.22 Appeal of a Failure to Act 248.24 Appeal of Decision Not Otherwise Provided For 248.26 Fee for Appeal 248.28 Appeal by City Council Members or Planning Commissioner ....248.30 Effective Date of Decision • 248.02 Director's Duty to Give Notice Within sixty (60) days after final environmental evaluation the Director shall give the notice of public hearing required by law. The form of the notice shall contain: A. The date, time and place of the hearing; B. A general explanation of the matter to be considered, including a general description of the area affected; C. Other information which is required by statute or specific provision of this code or which the Director considers necessary or desirable. (Rest.of page not used) • Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-1 5197 248.04 Notice Requirements • Type of Action Notice Requirement* Reference to Notice Requirement A. General Plan Adoption or Amendment .65090, 65091 .65353 B. Zoning Ordinance Planning Commission (Gen.) 65090 65853--65857 Planning Commission (Uses) 65090, 65091 65853--65957 City Council 65090 65853--65857 C. Variance, conditional use permit, 65091 65905 development agreement, special sign permit, revocation, modification or appeal D. Subdivision 65090, 65091 66451.3(a) E. Home occupation revocation 65091 65905 *References are to the Government Code These notice requirements are declaratory of existing law. If state law prescribes a different notice requirement, notice shall be given in that manner: A reviewing body designated to hear a matter may direct that notice be given in a manner that exceeds the notice requirement prescribed by state law. Public notice requirements for coastal development permits shall be as described in Section 245.20 or 245.22. (3334) 248.06 Rules Governing Conduct of Hearing: Opportunity to be Heard and Burden of Proof Public hearings shall comply with minimum procedural standards prescribed by Government Code section 65804. Each person interested in a matter that is the subject of a public hearing shall be given an opportunity to be heard. In each case, the applicant has the burden of proof at the public hearing on the application and at the public hearing on the appeal. 248.08 Requirement that Findings be Made Upon Grant of Application A. In each case where a reviewing body is designated to make a decision of an adjudicatory nature as the result of a proceeding in which a hearing is required by state law or this ordinance code to be given, the body shall make findings to support its decision. • Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-2 5/97 B. Subsection A applies only to a determination made in the reviewing body's adjudicatory • capacity. It does not apply to an action of a legislative nature such as a recommendation for an adoption of a zoning or subdivision provision. The existence or non-existence of a determination in connection with a legislative action does not affect the validity of that action unless otherwise directed by state law. 248.10 . Time and Manner of Decision A. Form. After hearing the evidence and considering the application, the reviewing body, i.e., Zoning Administrator, Planning Commission, or City Council, shall make its decision. The decision shall be in the form of a written statement, minute order or resolution and shall be accompanied by reasons sufficient to inform as to the basis for the decision. B. Time. The reviewing body shall formulate its written findings within 5 calendar days after the decision. C. Notice of Decision. The Director shall have notice of the decision mailed to the applicant at the address given in the application and to each person who requests in writing notice of the proceedings within 5 working days of the decision, excluding weekends and holidays. The Director shall also have notice of the decision posted and distributed to the Planning Commission and City Council within 48 hours of such decision. D. Acceptance is Applicant's Agreement. The.applicant's acceptance of the decision is an • agreement to comply:with the decision and its terms and conditions... 248.12 Time Limit on.Reapplication for Same Matter If an application is denied and the decision is final, no person may file a new application for substantially the same request for a period of one year from the date the action of the city is final except as provided in section 248.14 for denial "without prejudice." 248.14 Denial Without Prejudice If the application is denied "without prejudice," the applicant may reapply for substantially the same request without complying with.the time limit prescribed in section 248.12. 248.16 Finality:of Decision and Time for Appeal A decision on a discretionary approval is not final until the time for appeal expires. The time for appeal from a decision by the Zoning Administrator, the Environmental Assessment Committee, Subdivision Committee, Design Review Board, or the Planning Commission shall be filed within ten calendar days after the date of the decision. Appeals may not be processed on actions which must be heard by and receive final action by the City Council, except that coastal development permits for development located in the appealable area of the coastal zone may be appealed to the Coastal Commission as described in Section 245.32. (3334) Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-3 5197 248.18 Designation of Hearing Body on Appeal • The Planning Commission shall hear an appeal from the decision of the Director, Zoning Administrator, Design Review Board, Environmental Assessment Committee, and Subdivision Committee. The City Council shall hear an appeal from the decision of the Planning Commission. The decision of the City Council is final, except that coastal development permits for development located.in the appealable area of the coastal zone may be appealed to the Coastal Commission. (3334) 248.20 Appeal of Decision A. Notice of Appeal. A person desiring to appeal a decision shall file a written notice of appeal with the Director within the time required by section 248.16 except an appeal to the Planning Commission's decision shall be filed with the City Clerk. This section shall not apply to any action which must be heard by the City Council whether or not an appeal from the Planning Commission is filed. B. Form of Notice on Appeal. The notice of appeal shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal. The Director may provide the form of the notice of appeal. A defect in the form of the notice does not affect the validity or right to an appeal. I C. Action on Appeal. The Director or City Clerk shall set the matter for hearing before the reviewing body and shall give notice of the hearing on the appeal in the time and manner set forth in Sections 248.02 and 248.04. D. De Novo Hearine. The reviewing body shall hear the appeal as anew matter The • original applicant has the burden of proof. The reviewing body may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise grounds or scope of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal, the reviewing body shall consider all pertinent information from the file as a result of the previous hearings from which the j appeal is taken. E. Decision on Appeal. The reviewing body may reverse or affirm in whole or in part, or may modify the order, requirement, decision, or determination that is being appealed. 248.22 Appeal of Failure to Act An applicant may appeal the failure of the Zoning Administrator, Design Review Board, Environmental Assessment Committee, Subdivision Committee or Planning Commission to act on an application if the failure to act continues beyond a reasonable time and the time to act is not otherwise fixed by law. The appeal body shall consider all of the circumstances surrounding the application in determining what is a reasonable time. • Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-4 5/97 248.24 Appeal of Decision Not Otherwise Provided For A. Any person may appeal a decision, requirement or determination made by the Director in the administration of the zoning and subdivision ordinances not otherwise provided for in the individual titles of this code. The Planning Commission shall hear the appeal in the first instance. The appeal shall be in writing, filed with the Director and shall specifically set forth the decision appealed from and the grounds for the appeal. The notice of appeal shall be filed within ten calendar days of the date of the action appealed. B. The notice of appeal shall be in the form provided by Section 248.20 A and B. The Director shall schedule the appeal for consideration by the Planning Commission within 30 calendar days and shall give the appellant ten calendar days notice of the time and place of the hearing. The decision of the Planning Commission may be appealed to the City Council. 248.26 Fee for Appeal The notice of appeal shall be accompanied by the fee fixed by resolution of the City Council. 248.28 Appeal by City Council Member or Planning Commissioner A. A City Council member or a Planning Commissioner may appeal a decision of the Director, Design Review Board, Environmental Assessment Committee, Subdivision Committee, Planning Commission or Zoning Administrator. The appeal shall be processed in the same manner as an appeal by any other person but need not be . accompanied by the fee prescribed for an appeal. . B. The City Council member or Planning Commissioner appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations nor from voting as a member of the reviewing body. 248.30 Effective Date of Decision A decision on a discretionary approval becomes effective at the end of the appeal period. The decision of the City Council is final on the date of its decision, except that decisions on coastal development permits for development located in the appealable area of the coastal zone, the effective date is the day after the Coastal Commission appeal period expires and no appeals were filed or the date upon which final action on the appeal occurs. (3334) Huntington Beach Zoning and Subdivision Ordinance Chapter 248 248-5 5/97 17111 Beach Blvd., Suite 210 FLOYD G. BELSITO, ESQ. Huntington Beach, CA 92647 (714) 848-3735 July 2 , 2004 City of Huntington Beach 2000 Main Street Huntington Beach , California 92648 r: Attn : City Clerk :ity Ot rfunpngior+oeac, Re : Revocation of Entertainment Permit CINAftomev'soffic, Club Moulin Rouge , LLC Dear City Clerk : Pursuant to Municipal Code Section 5 . 44 . 097 , my Client Club Moulin Rouge , LLC hereby appeals the decision of Kenneth W. Small , Chief of Police to revoke my Client ' s Entertainment Permit privileges . We request that a hearing be scheduled before the Huntington Beach City Council as soon as possible . Thank you for your prompt response to this request . Yours Y ry truly , loyd G. elsito , Esq . Attorney at Law C 1 Nj ram, Smooth Feed SheetsTM" • . Use template for 51600 Occupant Occupant Occupant 10011 Adams Ave. 10033 Adams Ave. 10035 Adams Ave. Huntington Beach,CA 92646 Huntington Beach,CA 92646 Huntington Beach,.CA 92646 Occupant Occupant Occupant 10041 Adams Ave. 10043 Adams Ave, 10045 Adams Ave. .. Huntington Beach,CA 92646 Huntington Beach,CA 92646 . 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DOUGLAS J.MERLINO 20092 VIVA CIR 20111 VIVA CIR 20121 VIVA CIR HUNTINGTON BEACH CA 92646-4942 HUNTINGTON BEACH CA 92646-4909 HUNTINGTON BEACH CA 92646-4909 155-181-14 155-181-09 155-181-12 MARK &COLLEEN WIEDRICK ROBERT P.&NANCY L.RASOLETTI RONALD H.&VICKIE M.NAKAGAWA 20131 VIVA CIR 20152 VIVA CIR 20161 VIVA CIR HUNTINGTON BEACH CA 92646-4909 HUNTINGTON BEACH CA 92646-4908 HUNTINGTON BEACH CA 92646-4909 155-181-10 155-181-11 155-181-23 DAVID F.HEIDT RONNY CHENG HWEY&CHANG FU-SHENG DEMEO TRUST 20162 VIVA CIR 20172 VIVA CIR 20112 VIVA CIR HUNTINGTON BEACH CA 92646-4908 HUNTINGTON BEACH CA 92646-4908 HUNTINGTON BEACH CA 92646-4942 155-181-08 155-181-13 155-181-18 AHMAD MOUSSAVI HUEY TRAN RANDY D.PENNINGTON 20.132 VIVA CIR 20151 VIVA CIR 20091 VIVA CIR HUNTINGTON BEACH CA 9264674908- HUNTINGTON BEACH CA 92646-4909 HUNTINGTON.BEACH CA 92646-4909 155-181-22 155-181-17 ROBERT &DONNA AHEARN DAVID F.&LINDA H.DIAZ 20102 VIVA CIR 20101 VIVA CIR HUNTINGTON BEACH CA 92646-4942 HUNTINGTON BEACH CA 92646-4909 155 053 73 155 161 11 155 16201 Joseph Caiati . Brian Edwards Quy Michael Nguyen&Hong Thuy Trang 1001 Fathom Ave. 20051 Colgate Cir. 20011 Lawson Ln. Seal Beach, CA 90740 Huntington Beach,CA 92646 Huntington Beach,CA 92646 155 193 13 155 191 19 James Hawbaker 15505382 Robert Caceres 19 Glaston Dr. Brock Dickey&Daniel.Swett 10121 Meredith Dr.' Hillfield Solihulluk 10162 Ascot Dr. Huntington Beach,CA 92646 B913YE Huntington Beach,CA 92646 England �� AVERY@ Address Labels Laser 5960TM Jam Free Printing www.avery.com a AVERYO 5960T- Use Avery®TEMPLATE 5960TM 1-800-GO-AVERY 155-193-01 155-193-03 155-193-14 CHRISTOHER PAUL FARMER PETER ALFIUS&CATHERINE ANN RASOE BARRY D.&WENDY J.KIELSMEIER 10012 MEREDITH DR 10042 MEREDITH DR 10162 MEREDITH DR HUNTINGTON BEACH CA 92646-4925 HUNTINGTON BEACH CA 92646-4925 HUNTINGTON BEACH CA 92646-4927 155-193-08 155-191-21 155-193-11 WILLIAM J.&MARCIA MANKER LEE R.&DENISE L.WEBER RICHARD H.APPLEGATE .10102 MEREDITH DR 10141 MEREDITH DR 10132 MEREDITH DR HUNTINGTON BEACH CA 92646-4927 HUNTINGTON BEACH CA 92646-4926 HUNTINGTON BEACH CA 92646-4927 155-193-12 155-193-13 155-172-04 DONNIE 0.&JENNIFER M.JONES JAMES P.&B.FAYE HAWBAKER BRET J.&PATRICIA HARDIN 10142 MEREDITH DR 19 GLAS 0- DR 10222 NIAGARA DR HUNTINGTON BEACH CA 92646-4927 FNGMND HUNTINGTON BEACH CA 92646-4918 155-053-57 155-054-59 155-053-58 DOLORES STEWARD METZ IOAN F LIVING TRUST GEORGE W.&COLLEEN P.PHIPPS 247 BAYSIDE WAY 19942 PICCADILLY LN 19947 PICCADILLY LN NEWPORT BEACH CA 92660-6153 HUNTINGTON BEACH CA 92646-4343 HUNTINGTON BEACH CA 92646-4342 155-053-59 155-054-61 155-054-60 LAURELLA L.WOODRUFF RICHARD L.BIRKHOLM KHALIQ-TERRI ABDEL 6518 CROSSWOODS CIR 19952 PICCADILLY LN 19948 PICCADILLY LN CITRUS HEIGHTS CA 9562174367. HUNTINGTON BEACH.CA 92646-4343 HUNTINGTON BEACH CA 92646-4343 155-191-10 155-191-11 155-191-09 RICHARD &JOYCE A.ROUPOLI WOODS FRED W&SYLVIA M TRUST KENNETH W.WALKER 20181 PRINCETON CIR 20182 PRINCETON CIR 20191 PRINCETON CIR HUNTINGTON BEACH CA 92646-4932 HUNTINGTON BEACH CA 92646-4932 HUNTINGTON BEACH CA 92646-4932 155-191-12 155-191-13 151-271-31 SAM LODGE TVELIA DENNIS GUY&HELEN DONAHUE KERRY &GREGG A.MYERS 20192 PRINCETON CIR 20202 PRINCETON CIR 20172 RUNNING SPRINGS LN HUNTINGTON BEACH CA 92646-4932 HUNTINGTON BEACH CA 92646-4932 HUNTINGTON BEACH CA 92646-5355 151-271-32 151-271-33 .151-271-35 JOHN F.DUGGAN REUBEN &DIANE M..JARAMILLO ..HSU CHING MEI TSENG 20192 RUNNING SPRINGS LN 20202 RUNNING SPRINGS LN 20222 RUNNING SPRINGS LN HUNTINGTON BEACH CA 92646-5355 HUNTINGTON BEACH CA 92646-5357 HUNTINGTON BEACH CA 92646-5357 151-271-30 151-271-34 155-191-17 RON &PAMELA DOBSON ROBERT GREENLEAF MILLS MENKE DALE&CYNTHIA TRUST 20162 RUNNING SPRINGS LN 20212 RUNNING SPRINGS LN 20182 TANBARK CIR HUNTINGTON BEACH CA 92646-5355 HUNTINGTON BEACH CA 92646-5357 HUNTINGTON BEACH CA 92646-4933 155-191-15 155-191-18 155-191-14 THEODORE W.DENNEY ALBERT A.NATALE DANIEL R.&JAN DARRINGER STACK 20191 TANBARK CIR 309 LEXINGTON CIR 20201 TANBARK CIR HUNTINGTON BEACH CA 92646-4933 NEWPORT BEACH CA 92660-6155 HUNTINGTON BEACH CA 92646-4933 ___, _ ...-0.t. n AH3AV-09-008-L w10965 31V IdW31®tiaAV ash Jam Free Printing • www.avery.come a AVERY@ 5960T- Use Avery&TEMPLATE 5960TM 1-800-GO-AVERY 155-161-07 155-162-09 155-175-02 LAWRENCE R.SELLARS DANA L.WOOD GORDON P.&CHRISTINE A.NICCLOSKEY 20082 LAWSON LN 17 DELAWARE AVE 20111 LAWSON LN HUNTINGTON BEACH CA 92646-4921 SALEM NJ 08079-3611 HUNTINGTON BEACH CA 9264E-4935 155-172-02 155-172-01 155-171-03 LLOYD B.BRITT BEVERLY JEAN STEINBECK LOUISE GLENN 20112.LAWSON LN 20122.LAWSON LN_ 20131 LAWSON LN.. HUNTINGTON BEACH CA 92646-4923 HUNTINGTON BEACH CA 92646-4923 HUNTINGTON BEACH CA 92646-4944 155-171-04 155-171-05 155-191-25 HERBERT JOSEPH JONES JOHN W.RUSSELL SAUL ZITTER 20151 LAWSON LN 20161 LAWSON LN 20171 LAWSON LN HUNTINGTON BEACH CA 92646-4944 HUNTINGTON BEACH CA 92646-4944 HUNTINGTON BEACH CA 9264E-4944 155-191-24 155-161-03 155-162-08 JOHN STOKER EDWARD J.&ERLINDA J.RAMIREZ HANK &CONNIE RAE VANDERNAALD 20181 LAWSON LN 20032 LAWSON LN 20091 LAWSON LN HUNTINGTON BEACH CA 92646-4944 HUNTINGTON BEACH CA 92646-4921 HUNTINGTON BEACH CA 92646-4920 155-162-02 155-161-02 155-162-06 DAVID PAUL FREDIANI COLEEN SCARMINACH TROY STEVEN SMITH 20021 LAWSON LN 20022 LAWSON LN 20071 LAWSON LN HUNTINGTON BEACH CA 926464920. HUNTINGTON BEACH CA 92646-4921 HUNTINGTON BEACH CA 92646=4920 155-172-03 155-162-03 155-162-04 ALAN &TAMI DAVIS LAWRENCE J.&JAYMIE M.LAGANA DAI 0.&ALYSSA A.PHUNG 20102 LAWSON LN 20031 LAWSON LN 20052 LAWSON LN HUNTINGTON BEACH CA 92646-4923 HUNTINGTON BEACH CA 92646-4920 HUNTINGTON BEACH CA 926464921 151-272-17 155-191-08 155-193-02 GERARD DORIS TRUST MAE J.ANDERSON MARK E.&MICHELLE R.EDWARDS 9951 MAMMOTH DR 10011 MEREDITH DR 10032 MEREDITH DR HUNTINGTON BEACH CA 92646-5352 HUNTINGTON BEACH CA 92646-4903 HUNTINGTON BEACH CA 926464925 i 155-193-04 155-193-05 155-193-06 EDWARD J.LUPARELLO JOHN P.MOREY RICHARD J.WHEELER 10052 MEREDITH DR 10072 MEREDITH DR 10082 MEREDITH DR HUNTINGTON BEACH CA 92646-4925 HUNTINGTON BEACH CA 92646-4925 HUNTINGTON BEACH CA 926464925 155-193-07 155-193-09 155-193-10 DAVID J.&PAM D.ERICKSON STEVEN R.MEYER DISIENA ALFRED C JR&BARBARRA&TRUST 10092 MEREDITH OR 10112 MEREDITH DR 10122 MERE DITHDR. HUNTINGTON BEACH CA 926464925 HUNTINGTON BEACH CA 92646-4927 HUNTINGTON BEACH CA 92646 155-191-20 155-191-22 155-191-23 JAMES R.WELTON LYNN L JARAMILLO DIANE C.PAUL 10131 MEREDITH DR 10151 MEREDITH OR 10161 MEREDITH DR HUNTINGTON BEACH CA 926464926 HUNTINGTON BEACH CA 926464926 HUNTINGTON BEACH CA 92646-4926 nnee a.1117AM ICP AHAd-09-008-1 u096S 31VldW31 many as0 Jam free Printing • vvww.avery.como Q AVERY@ 5960TM Use Avery®TEMPLATE 5960T'" 1-800-GO-AVERY 155-053-76 155-053-78 155-053-87 PATRICIA STANCATO RALPH H.&DOROTHEA J.STRICKER GALVAN NICOLAS&ADOLFA TRUST 10132 ASCOT CIR 10154 ASCOT CIR 1335 W VALERIO ST HUNTINGTON BEACH CA 92646-4321 HUNTINGTON BEACH CA 92646-4321 SANTA BARBARA CA 93101-4952 155-054-84 155-054-81 155-054-77 BRIAN FAN PETER G.BRIGNONI KAREN L..GAYNOR 10208 ASCOT CIR 10214 ASCOT CIR 10224 ASCOT CIR HUNTINGTON BEACH CA 92646-4339 HUNTINGTON BEACH CA 92646-4339 HUNTINGTON BEACH CA 92646-4339 155-053-74 155-181-04 155-181-05 BRANDON P.MUSICH DOWNEY SAVINGS&LOAN DOWNEY SAVINGS&LOAN 10136 ASCOT CIR PO BOX 6010 PO BOX 6000 HUNTINGTON BEACH CA 92646-4321 NEWPORT BEACH CA 92658-6010 NEWPORT BEACH CA 92658-6000 151-461-24 151-461-29 151-461-26 ENTRPRS LLC EQUILON BANK OF AMERICA NT&SA RODNEY COUCH PO BOX 4369 PO BOX 2818 6104 RIVERSIDE AVE HOUSTON TX 77210-4369 ALPHARETTA GA 30023-2818 RIVERSIDE CA 92506-2112 155-181-24 155-161-14 155-161-13 BUSINESS PROPERTIES PARTNERSHIP NO 15 LYNNE MARIE ROUGEAU KARL HANOLD 32 N VISTA DE CATALINA 20011 COLGATE CIR .20021 COLGATE CIR LAGUNA BEACH CA 92651-6755 HUNTINGTON BEACH CA 92646-4913 HUNTINGTON BEACH CA 92646-4913 155-161-12 155-161-10 155-161-09 ERIC F.&APRIL L.ZIMMERMAN EDWARD H.KERINS RAHMATOLLAH SIMANI 20031 COLGATE CIR 20061 COLGATE CIR 20071 COLGATE CIR HUNTINGTON BEACH CA 92646-4913 HUNTINGTON BEACH CA 92646-4913 HUNTINGTON BEACH CA 92646-4913 155-161-08 151-271-29 151-271-28 RUSSO JOSEPH JASPER&FAMILY TRUST ROBERT R.MUNOZ BRUCE &DEBBIE BRICKS 20081 COLGATE CIR 9971 KINGS CANYON DR 9961 KINGS CANYON IDR. HUNTINGTON BEACH CA 92646-4913 HUNTINGTON BEACH CA 92646-4832 HUNTINGTON BEACH CA 92646 151-272-16 151-271-27 155-171-06 JOSE GRIMBERG DANIEL E.&HAYDEE V.MARCKSTADT LOUISE GLENN 9952 KINGS CANYON DR 9951 KINGS CANYON DR 20131 LAWSON LN HUNTINGTON BEACH CA 92646-4833 HUNTINGTON BEACH CA 92646-4832 HUNTINGTON BEACH CA 926464944 155-161-01 155-161-04 155-162-05 SUSAN J.DURBIN ROBERT JEROME&BRENDA A.SECREST LEA D.GALLUP 20012 LAWSON LN 20052 LAWSON LN 20061 LAWSON LN HUNTINGTON BEACH CA 92646-4921 HUNTINGTON BEACH CA 92646-4921 HUNTINGTON BEACH CA 92646-4920 155-161-05 155-161-06 155-162-07 JOHN D.&JENNIFER E.KERR ALVIN H.CRUM QUENTIN D.QUINN 20062 LAWSON LN 20072 LAWSON LN 20081 LAWSON LN HUNTINGTON BEACH CA 92646-4921 HUNTINGTON BEACH CA 92646-4921 HUNTINGTON BEACH CA 92646-4920 note 1�I�wM 1�5//1 Jl2l3WOD-008-L w1096S 31VIdW31 okaw asn Jam Free Printing • www.ave com Use Avery®TEMPLATE 5960TM 1-800-GO-VERY a AVERY� 5960TM 155-181-03 155-181-27 151-461-28 DOWNEY S&L ASSN BUSINESS PROPERTIES PARTNERSHIP NO 15 TARGET CORP 10028 ADAMS AVE 17631 FITCH 1000 NICOLLET MALL HUNTINGTON BEACH CA 92646-4905 IRVINE CA 92614-6021 MINNEAPOLIS MN 55403-2542 155-051-12 155-051-11 155-051-10 BEACHMONT PROPERTIES LLC BEACHBANK PARTNERS RICHARD G.LAVENTHOL 2760 E SPRING ST STE 200 2760 E SPRING ST STE 200 14905 TERCER VERDE LONG BEACH CA 90806-2257 LONG BEACH CA 90806-2257 DEL MAR CA 92014-3932 155-051-07 155-053-72 155-053-71 PLAZA LLC BEACHMONT MERRITT GATES MEAD SUZANNE MATTHEWS 2760 E SPRING ST STE 200 4683 W 133RD ST 10142 ASCOT CIR LONG BEACH CA 90806-2257 HAWTHORNE CA 90250-5705 HUNTINGTON BEACH CA 92646-4321 155-053-77 155-053-79 155-053-80 MARY C.STEWART ANN L.INGMAN ROBERTA TAYLOR JONES 10152 ASCOT CIR 10156 ASCOT CIR 10158 ASCOT CIR HUNTINGTON BEACH CA 92646-4321 HUNTINGTON BEACH CA 92646-4321 HUNTINGTON BEACH CA 92646-4321 155-053-81 155-053-86 155-053-88 JAMES FRENCH DONNA B.PIKULSKY DONALD E.CONNORS 26592 NACCOME OR 5562 E WARDLOW RD 10174 ASCOT CIR MISSION VIEJO CA 92691-4950 LONG BEACH CA 90808-3656 HUNTINGTON BEACH CA 92646-4321 155-054-87 155-054-86 155-054-83 STACEY GROBE CHRISTOPHER W.&PENNY DOVE FLOYD D.&DOROTHY A.WASHBURN 10163 DISNEY CIR 27 CALLE DE LA LUNA 10210 ASCOT CIR HUNTINGTON BEACH.CA 92646-4329 SAN CLEMENTE CA 92673-6871 HUNTINGTON BEACH CA 92646-4339 155-054-82 155-054-78 155-054-76 ROBERT C.FLAHERTY NORMAN E.BENDER EARL RILEY&DORIS L.GAYNOR 10212 ASCOT CIR 10091 BEVERLY DR 10228 ASCOT CIR HUNTINGTON BEACH CA 92646-4339 HUNTINGTON BEACH CA 92646-5424 HUNTINGTON BEACH CA 92646-4339 155-053-75 155-053-83 155-053-84 . CATHERINE STAHL PAUL J.KAUFFMANN MERSUL T.CACANANTA 10134 ASCOT CIR 10164 ASCOT CIR 10166 ASCOT CIR HUNTINGTON BEACH CA 92646-4321 HUNTINGTON BEACH CA 92646-4321 HUNTINGTON BEACH CA 92646-4321 155-053-85 155-053-89 155-053-90 JERRY B.QUENZLER CLARA PARKER LEE A. KESWICK 10168 ASCOT CIR 10176 ASCOT CIR 10178 ASCOT CIR HUNTINGTON BEACH CA 92646-4321 HUNTINGTON BEACH CA 92646-4321 HUNTINGTON BEACH CA 92646-4321 155-054-85 155-054-80 155-054-79 DIANA ELDER JAY D.DUNKELBERGER DANIEL E.LEVEILLE 10206 ASCOT CIR 10216 ASCOT CIR 10220 ASCOT CIR HUNTINGTON BEACH CA 92646-4339 HUNTINGTON BEACH CA 92646-4339 HUNTINGTON BEACH CA 92646-4339 w�(1965 c�1A?IaA�/ r�l AH3AV-OD-008-I. w.L096S 31V1dW31®tiaAd as0 City of Huntington Beach 3•--• • • • Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 -M CIA rpt V. J ` 155 181 05 Occupant 20052 Brookhurst St. Huntington Beach,CA 92646 ��t►TINGTp�, RETURN i f6' % Rai ; ,. d> TO SENDER �o EROL ')0 NOTI E-TIA I• ..• �f .� rG1�10 �L�� =i�r�iit��F�.lrti,ii��rs•,�.��ii��i�tt��iii�i�i�l�iti�ili�� :. r'-. • untington Beach �� : " • ` � )f the City Clerk I Box 190 i Beach, CA 92648 :.� yl •Y•Y t.ti�'a,�tS1Y Lu S v�71 f�!01 7!4-:�• t +.•t}�i 1 t J��J Vet � V 155 18127 Occupant 10044.Adams Ave Huntington Beach,CA 92646 [INGTpy 0 �C RETURN FRETURN `�_ I TO SENDtR� RI.,� _ -MTV � UNDELIVEP,AULE LEGALtRA - ARINv Ii,i.l,liltlitll�i,ll,iilllllllilllllillll � f;jl�;► ': untington Beach )f the City Clerk `: A I Box 190 i Beach, CA 92648 - u• �``Su �� 'f�. 7� 4i fs -/fy !fag :•S .>ti�..t...i��l�f •� J Ate./ V�t V�.' VJ •J � . Occupant 10109 Adams Ave. v VVV Huntington Beach,CA 92646 , i I N6Tpy .y1ro1411,0 y RETURN q_ ---- TO SENDER; -- .�icYr GAL NOTICE s E 1..!. .. - 3 2"D V�y� .l'}.r•�}... 1I,l1i ll.IJ!Ill I III 1 111i11.1I1,liltfill-i,:(t��Il!(-f7(it III)Idi - _.�__n. untington Beach = If the City Clerk 1 I Box 190 i Beach, CA 92648 - — Occupant 10 10 1 Adams Ave. �J Huntington Beach,CA 92646 �I M6Tpy .aro.,,, d�e_ � " `- RETURN untington Beach )f the City Clerk r t . •. I Box 190 Beach, CA 92648 D Occupant I 10111-C Adams Ave. Huntington Beach,CA 92646 I NGT0,�► DAr01, RETURN -�. R }I;s.:.� \�o TO SENDER',__.-_-_ i IT TV ELIV LEGAL NOTICE �2 III 1, 11101111111.i111itIII„ta111111IM11111111f!"]111111 luntington Beach ;f the City Clerk D. Box 190 i Beach, CA 92648 '% r =- Occupant �-- 10111-B Adams Ave. Huntington Beach,CA 92646 ,SIM6TOy -D►7ll� ` - �r�yacry=- -. o� RETURN � TOthDEP, M �I-- — — LEGAL NOTICE - HFAR - ��n �'�_•LEGAL Hill,till 1111,1,1tJ11:1,II,<<„1111,1„11M1 UNIIHII,11 luntington Beach )f the City Clerk D. Box 190 i Beach, CA 92648 - � 1.]P t��Yf•..f{j 4rf R'3.3 .{tn/ft j!ft.� i _ Occupant 10041 Adams Ave. 111 Huntington Beach,CA 92646 �IN6Tpy CRETULRN'L"°'' ENDER _-_ DER�.WTV DELECGWt &ICE'- VERABLE AS ADDRESSED ^' 4 � '. untington Beach � J the City Clerk ^�` - < < ?. Box 190 Beach, CA 92648 155 181 _7 16 J Occupant 10112 Adams Ave. ►1061_ Huntington Beach,C -646 -------- RETURN TO SENDER'1---=--7 �L- RAaL[GAL N TICE - 1 ADDRrSSvD r ��l - .' li,I,,,,I,i,II,,,i„I{„E,11,,,,,,!11,1„Ii,,,1,i„Ii,:,,,J,ii �_�-�•1 untington Beach \�:- )f the City Clerk = 1 I Box 190 1 Beach, CA 92648 Occupant 10033 Adams Ave. Huntington Beach,CA 92646 , 16 , siNcroy RETURN - R T ��o� O SENDER " l T� LEGAL NOTICE- H u� E - -�- -- t '� —am! fill„„I,I;III,111111,:[till I111.111m;if...1,►111i,,,1l►:il a; untington Beach ,f the City Clerk ). Box 190 - Beach, CA 92648 _ =r -' - •Y•Y/.Cj61\T7 i--T"• :Z'^�•i R' f+i rf:F". � . 155 051 10: _ ! _ Occupant �J 10001•Adams Ave. V Huntington�IM6tpy �o Beach,CA 92646 .,. . �•�L `� RETURN ' `�_--- -� RETURN �%-- TO SENDER,, ' }— — --- --- -- - - �TO SENDER,%_ fT LEGAL NOTICE- �� %BLE AB � !! l��1�i11�Il +ail,1l= l )fill 111111JI111<r;lt III ll,,,,,l0I S untington Beach I the City Clerk ). Box 190 Beach, CA 92648 - t-4 CIA 1r.,:t'u=� .. j. - Occupant ([J'l 10045 Adams Ave. Huntington Beach, CA 92646 :IN6TVW 41 Is P044 - - - INICE RETURNTO SENDERll//11�^ j-1--- � --)� IIFRA L AL V _rJ r r .f. {��I I:111111I111 If III lilt fill M III I1 Ildlif4i11ll H IIIIIIII ADDRESSED rs 52164Y untington Beach r n' J the City Clerk I Box 190 Beach, CA 92648 - W}'+FS D. ii J.-fJJ Vim. V.I'V 'J Occupant. 10055 Adams Ave. ' 1-tuntington Beach,CA 92646 (I N6Tpy yro�„f BF '—�� RETURN - a RETURN - "'� �� TO SENDER�� I TO SENDER` 4_. .- ca` �- — - ----- - - - -- - - - - NTr LEGAL NOTIC ! � �J fill.ItIIIIIII„1„1L11,11ml11111111,111!11111111„1If1111 untington Beach ,f the City Clerk I Box 190 Beach; CA 92648 •4 Occupant 10119 Adams Ave. 16 - 0� Huntington Beach, CA 92646 iIM6TVW RETURN `.� RETURN i - ! TO SENDER':, _ �a = TO-_-SENDER ,�. - - LEGALNOTICE - • �r.4 s Hill III l,i,il:I[III III l,Hill,,►►N,l„il1 fill III Hill fill ll � 1 k ._ .. .. ._ .�__.�....�....�-.��....,. - •.+aw.+,..�.v.�.__ sua=a. - - __•�~ ____. �var_..�'• - se_.,_v J._..—.o.+ua. - untington Beach %t the City Clerk f_ ). Box 190 Beach, CA 92648 �•Y/i�iunL3?fj ru rir��'i'-+• :r��/y*/%v+ v Occupant :1610043 Adams Ave. D Huntington Beach CA 91646 iIN6Tpy RETURN � -- RETURN TO SENDER,:,-. _ .; - -- ---- T_0 SENDER - Nrr ca LEGAL NOTIC W'J'Q- iG lifilill M1111111111illill 111111 filitill ': luntington Beach )f the City Clerk D. Box 190 1 Beach, CA 92648 Ir 4AA*1-1�VK1 rfi, ��i�,a7 n ,.v,-ff rr,�.. � J��JJ V�I t V Occupant 10121 Adams Ave. Huntington Beach,CA 92646 iINGTp�, � RI e i RETURN I?.log74S� ADDRESSED ER� I TO SENDER,WMANDTICE 1I�REA4V� ff-�u luntington Beach , )f the City Clerk D. Box 190 i Beach, CA 92648 �Y.:�iil;fila�,S*� f �;, 1��{r18 r�,7ai r*�/;•i % _ � J JJ Vim• V.. J •J Occupant = 10111-A Adarns Ave. g / Huntinton Beach� a ,CA 92646 L RING, --- — -- - ITO RETURN TETURN o SENDER 4� -_ SENDER �NTV c LEGAL NOTICE - BLE S- mtington Beach the City Clerk. Box 190 - .: - Beach,CA 02648 / ` Q Occupant 10057 Adams Ave. Huntington Beach,CA 92646 IN6Tp�, E URN — RETURN __. L SENDE ..r - -R`, ------ - ---- TO SENDER,, - 1TV FAS � d" �� P•4 6iii,lli„liili,il,lli,i„i►.ii1„il,i:filiili,i,,,l,ii :untington Beach - - ;f the City Clerk - I Box 190 i Beach, CA 92648 J �`� � ��+Y+Y.Y•�LL�4�ltA ,t,,,� 3�f+�'a� v��7 v�f�V�� J Occupant_ 10115 Adams Ave. Huntington Beach,CA 92646 TING RETURN ` - - -;'�. • _ ,�,. :. . .�,• �: TO SENDER,,,,—' -. yt— -- K'• — -- - --- — 'HTv LEGAL NOTICE - , LE `� J 2846 11111,iiL 11 11 it 1 11111111111iifiii.ll,1i 111 ii11?1!11111,i,1711 luntington Beach _ .. . )f the City Clerk I Box 190 � E i Beach, CA 92648 , Occupant 10061 Adams Ave. Huntington Beach,CA 92646 iIN6T0y .wro��r�o B�9 [RETURN HTv LEGAL NOTICE -�' �� 1i111111i11111111111111111 lilt 1 fit 11111111111111111111i1111111 untington Beach )f the City Clerk ). Box 190 Beach, CA 92648 .i.}. b.. L 32133 Vim. V V 'I j Occupant. . . 10063 Adams Ave. ( . r/ Huntington Beach,CA 92646 iIN6T0,y RETURN �. RETURN `�' ]64 T 0 SENDER '_.T0 SENDER1,4�. -- - --.YTY � -LEGAL NOTIC - ' ^ GI 1 1 1 11 I 1 'I f I 1 1 I I �=L 1 1111 i 1 tt1 11 111 ti 11111I 11 111111i f 11 1111�111.1 a-- untington Beach )f the City Clerk I Box 1900-1 i Beach, CA 92648 7 �� Occupant �- 16 ^D 10059 Adams Ave. Huntington Beach,CA 92646 fi1NGTp�, x� F URN ` �._ — E - LEG NOTICE r --- DRESSED a �$6 4 c IlfIttff;f11llfifllfiltfiJ flifitfftlllllftl;flflflfIIIIH f:lff!l untington Beach J the City Clerk r `� I Box 190 -� Beach, CA 92648 •y-�o°tiu±�ir'Ni r�s '�rfn='± f:,R.,�h j/f:� i - Occupant " 10081 Adams Ave: — �1 Hu ntington Beach,CA 92646 (INGTpy �rowfo B� --- RETURN TO SEPdDER�� 1 EGAL NOTICE - � rr - - ---- S,Eo G_ .4 ;Iflffffiflf;iffflf:;Ifflf(Ifffffflll:iffllf,flf;ffllfffff{fll luntington Beach )f the City Clerk `=' D. Box 190 c _, 1 Beach, CA 92648 �-.. -. - V•Y till \ '•r 1'ny�i {tg 7 Occupant 10085(� Adams Ave.Huntington Beach,CA 92646 AG N6Tpy 7 RETURN RETURN p``�o TO SENDER"'." _ ---�— --- - - ITO SEND 'trr LEGAL NOTICE WIVVE.Ra �Itl,, ,l,( ( IvE sas. , (,,, „il„i.(t,,,,,,I(f,l„I,,,,t,(„(if,,,,i,rl On. v untington Beach �, f the City Clerk - ). Box 190 _ Beach, CA 92648 s — l, LtiJR��Ei �?i 1,,t�\/Qt%if:'i v Occupant 10071 Adams Ave. Huntington Beach,CA 92646;. N6Tp�, URN _ - RETURN - 'z11N'� ScNDER,j " I �TO SENDER�� " I Cp - - -- ---- --:-`i- - - — VT r N D As � s �E- 11 ' tG��• v (1,(,,,,I,(,(1,,,►„tI„I,Ii,,,,,,ll(,1„(i,,,(,(„((,,,,,(,i1 iuntington Beach )f the City Clerk I Box 190 < t i Beach, CA 92648 7 Occupant 10087Adams Ave. Huntington Beach,C.4 92646 [IN6jp�, .ro..rfn B�9 RETURN RETURN TO S.ENQERti " f TO SENDER',4__. E VTv �a LEGAL NOTIC1% t� rJ Ifl, ►IIfll„{fLll„„ �lllI, lI„ lfftlfl !untington Beach - )f the City Clerk J. Box 190 i Beach, CA 92648all - - rn.�.{itlu �i}'`: e.S•! J��1J vfyf�y+ v Occupant 0.119 Adams Ave- Huntington Huntington Beach,CA 92646 (IN6Tp�, _ TURN FRETURN 0. SENDER�:4� _... .� NDER , ':YTV N JJHHFFQQ IVERABLE AS A.DDRESSEQ .. ��V �4► 1w I wals luntington Beach - )f the City Clerk D. Box 190 ` i Beach, CA 92648 YK Occupant D10097 Adams Ave. Huntington Beach,CA 92646 TINGTp�, a,ro.vfo B�9 4TORTURN DE LEGAL NOTICE-0k F_ •jntington Beach f the City Clerk t X� �. Box 190 Beach, CA 9264877 - •1L.41PA-4 11, CA rirfpM vim./vP y**4 i 155 18127 Q Occupant 10162 Adams Ave. Huntington Beach,CA 92646 AN6Tp�, N r01�fo �� RETURN rEURN 't'Its Eo TO SEt�DER.`i4�. SENDER`,. .rTr �a LLtMALiN9 pp I HEAQIYG ----- ----- AS M-17- ESSED iuntington Beach )f the City Clerk -� D. Box 190 i Beach, CA 92648 i CA.'±r,`i'�'± ir.,S1/.i`!Pv`�� - 155 18127 16 o Occupant 10184 Adams Ave. TING Huntington Huntington Beach,CA 92646 RETURN - - ., -- RETURN --L�- 1t Isis. ►� TO SENDER,,,-' -. --- � -- - - TO SENDER`:.. � E LEGAL NO � ►N�' .- 1 ' 11111111sj1111111iM11.1111111111i1!11i11i111ss111! 1 -F:, � -- �litiiilJ�..-- - iuntington Beach A the City Clerk O. Box 190 i Beach, CA 92648 — CA 8,33 i`7 _ D 15518127 Occupant 10172 Adams Ave; Huntinb on.Beach,CA 92646. :jlN6tpy R1 RETURN ., . TO SENDER�1..�._ - .�— --- ------ - T NDE1 U LEGALNOTICE- 1 F IV r, 11,11113111!11111111111111111It!sis Ills 1 stills III III fill i 111111 �. Y 11'•••��JJJ VVV ��y intington Beach f the City Cleric ?. Box 190 Beach, CA 92648 r•I[y{•y f- i..�Y LI♦� f.. e3r nrJr3 hn /Ci iZ.+ i .iL T} `L .��JI Y�l V�.•�Yr .J Occupant. . 10065 Adams Ave. Huntington Beach,CA 92646 INGT0�, RETURN _.. - RETURN TO ,`�aENaER - -- - TO _SE_NDER _ tr 4 ®E -iV.961 NOT 1;NOWN y L S-4. (111lilil,llfl:lllll(tlifl(Ii:,1,}t(il(lltillllllli(t:llll(lt( mtington Beach f the.City Clerk. " 4 �. Box 190 f � _ Beach, CA 92648 1� _ 155 181 04 Occupant 10026 Adams Ave. Huntington Beach, CA 92646 IN6TOy RETN UR T-O-S_E_N`D ER_ - - --=- - - -- -- - _ Apt.; 1y�� R J .�.:.. •i: GAL-NOTICE —.�..}.{� E N�2 "}: 1111i:if is IIII::11111111it III::[if It if III II::fill If 11iM11111 HUNTING TON BEACH, CA 8J12J04 Dear Joan L. Flynn, City Clerk, ID04 AUG 16 A 11: 31 I am writing this letter in regards to the notice I recently received concerning Moulin Rouge,LLC. I live directly across the street at the Huntington Bay condominiums and am very familiar with the above named establishment. I would like to attend the public hearing on Monday,August 16,2004, however I will be out of town during that time. I definitely have an opinion in regards to the disposition of the Club Moulin Rouge therefore I am putting it in writing so that I might be heard. During the operation of the Club Moulin Rouge the noise can sometimes be deafening. This coupled with the honking car horns and loud voices out in front of the Club is difficult if not almost impossible to sleep through. I know there have been numerous complaints filed against the Club by my neighbors. The Moulin Rouge seems to have difficulty keeping control of the noise in their establishment as well as their patrons who congregate outside. If that is not bad enough, the Moulin Rouge is now in the middle of an expansion project. This can only mean twice as much noise and commotion as they had before. I implore you to keep the Moulin Rouge's entertainment license revoked. The Moulin Rouge has not been a considerate or responsible neighbor. Thank you for your time and consideration. Sincerely, Catherine Stahl 10134 Ascot Circle Huntington Beach 92646 cc: CS August 12, 2004 George and Colleen Phipps (/ 19947 Piccadilly Lane Huntington beach, CA 92646-4342 Joan L. Flynn, City Clerk o C City of Huntington Beach 2000 Main Street, 2"a Floor C �= Huntington Beach, CA 92646 1 `y[ Dear Ms. Flynn: My residence is located directly across the street from the Moulin Rouge in the Huntington Bay complex in the city of Huntington Beach. © 2' I have visited the Moulin Rouge on a couple of occasions and would like to share those experiences with you. The first time that I visited the restaurant was to have dinner with my wife. While our dinner was fine, our evening took a turn for the worse when one of the waiters at the Moulin Rouge decided to take the security code from my credit card and use it to wire $300 to himself through Western Union. He also tried to use the stolen information to purchase a gift certificate from Nordstrom and attempt another wire transfer, which was denied. Needless to say, this unfortunate experience caused me a lot of aggravation. I have also visited the lounge in the Moulin Rouge on a couple of occasions on a Saturday evening. While there, I observed both dancing and karaoke activities going on. If I didn't know any different, I would have thought that this has been going on for years. I do not understand why anyone would want to grant this facility an entertainment permit when what they are asking for has been going on inside their premises for quite some time. Perhaps they should have had this hearing before they started the extensive remodeling project that is underway. I also feel that there must be some concern for security from the public that patronizes the Moulin Rouge, as patrons are required to go through a security screening prior to admission. My work schedule precludes me from stopping by during regular business hours to review the proposed request; however,by means of this letter I am officially requesting . that the appeal by the Moulin Rouge to receive an entertainment permit be denied. Best regards, George Phipps 4 � � � M¢UIIN RO GC RI-ATM PhtiTa ti•ITJ ,y.'4alaF - -- «�-- - 121i,f4.l�.)1��1��..�. � .._, .. - _ qB'�:+J tt a.r�,r•t�j -. �..1 [i�'y r r RougeMolulin 10W Adams Dragon Design Group t,. ; '� �, .•...��w•�.a:. o'er, w� a! i� i..^� . i�i�.,n RECEIVEDFROM_ •• D •• • • OF �� CLERK OFFICE / InR YNN,CITY CLERK Jul 14 04 02: 15p Rick Colia 714 980-6775 p, l COLIA ACOUSTICAL CONSULTANTS 177 Riverside,#F Newport Beach,CA 92663 Member,Institute of Noise Control Engineering Phone 714 960-7511 Fax 714 960-6775 Email:RColia@socal.rr.com L4-057 July 14, 2004 Mr. Bill Pham Moulin Rouge Bistro 10142 Adams Avenue Huntington Beach, CA 92646 SUBJECT: Acoustical Report of Measurement of Nightclub Noise Levels At Moulin Rouge Bistro in Huntington Beach Dear Mr. Pham; This letter has been prepared to detail the results of measurements of the nighttime noise levels at the Moulin Rouge Bistro in Huntington Beach. These measurements were of ambient nose levels around the area and with the music performing playing on a typical Saturday night. The measurements were made between 10:00 P.M. and 12:30 A.M. on July 10, . 2004. The measurements were made using the A-weighted scale of a Bivel and Kjaer 2230 Precision Integrating Sound Level Meter, Type I. The meter was calibrated before the measurements and was found to be within 0.1 dB of tolerance. The City Exterior Noise Standard (Section 8.40.050 of the Municipal Code) is 60 dBA which is reduced to 55 because of the music factor. The ambient measurements were made at 50 feet from the building (Site 1), at the east property line of the parking lot (Site'2) and the south parldng lot line (Site 3). The microphone represented an observer 5.5 feet tall above pad elevation. See Figure 1. Site Location Ambient Noise Level, dBA. (Without Nightclub Noise) 1 60 2 50 3 54 Jul 14 04 02: 15p Rick Colia 714 960-6775 p, 2 L4-057 July 14, 2004 The noise level inside the entertainment room with a karaoke singer was 88 dBA at the back of the room. When the performers played an instrumental the room song averaged 94 dBA. The performers consisted of one keyboard player. and one male singer. A song latter in the set with a singer was measured also to be 94 dBA- Exterior Noise Levels With Music Playing. Wben the music was playing inside Moulin Rouge exterior noise levels were again taken at the three locations where the ambient noise levels were taken. At 50 feet from the building the measured noise level was 55 dBA which is less than the ambient of 60 dBA. At the east parking lot line the noise levels ranged from 48 to 50 dBA, with an ambient of 50 dBA. At the south parking lot line the noise level was 51 dBA with an ambient of 54 dBA. Measurement Location Exterior Noise Levels, dBA (With Music Playing) 1 55 2 48-50 3 51 Measurements of Noise Levels of Restaurants Near Main Street At your request on the same night I measured noise levels at. 5 locations of restaurant with music along and near Main Street. The site locations are shown in Figure 2. The (x) in Figure 2 shows the approximate location of the measurement. Measurement were made when people on the street(s) were not talking or yelling loudly and cars were not racing their engines or honking their horns to best capture the music or sound(s) from the specific restaurants. These measurements were made from 11:30 PM to 12:30 AM. The measurements were made as a comparison to the noise levels from the Moulin Rouge. -2- Jul 14 04 02: 15p _ Rick Colia 714 960-6775 p.3 i L4-057 July 14, 2004 Site Location Exterior Noise Levels Near Main Street 1-Fred's Mexican Cafe 69 dBA 2-Gallagher's Pub 8s Grill 67 dBA 3-Hurricanes 69 dBA 4-Momo's 74 dBA 5-Inka Grill 60 dBA If you have any questions regarding this information please call. Sincerely c ar o Member Jul 14 04 02: 15p Rick Colia 714 960=6775 p. 4 »,,,= I � m r r rffn • ¢ *3 .� ,,a, � MAW isum 1`@Q NVAW a I fit; Blow AL PC F?" am W&WWO r` +' P4 o_ ` ems am RDdw AQW NEW FIGURE 1: Measurement Locations Near Moulin Rouge 07/07/2004 DYED 17:53 FAX 71461470 GeriNet Yeaical �j001/001 Troy Smith 20071 Lawson bane Huntington Beach,CA 92646 July 7,2004 Bill Pharr Moulin Rouge Bistro 10142 Adams Avenue Huntington Beach,CA 92646 Re: Noise from Customers Dear Mr.Pham: As per our discussions earlier,i and other residents on Lawson Lane would appreciate it if Moulin Rouge would continue to close the back southeasterly parking lot which is adjacent to our bark walls on weekend nights. The closure of this back parking has reduced the noise level from patrons of the business which occupy the center. Continued closure would help eliminate the noise impact on our residences from customers coming into the parking lot and customers leaving the parldng lot at the end of the night. As we discussed,the music from your establishment is currently not the source of the noise adversely impacting us. However,the music from customers' cars and loud discussions at the end of the night in the parking lot does adversely impact us and we. would appreciate your cooperation in mitigating these noise problems. If you have any question or need to contact me,please call me at(714)600-6262. Sincerely, Troy .� cc: Ms. Laurie Dome BUSINESS PROPERTIES PARTNERSHIP NO. 15 17631 Fitch B P.O. Box 19586 Irvine, CA 92623-9586 J PROPOSED SITE PLAN FOR MODUN ROUGE RESTAURAN NNW _ LQCATI4N AT 10142 ADAMS Ave,HUN1iNGTOM BEACH,CA.82646 d . Z . _ WpR1O4 f 1 MOULIN ROUGE ADAUS Avim L LU 1 t = I 1 Y(I�►(((i�ii►�iiUlt i t If Q i �► � i � Q i I � 1 � , Dai 1 ttU� tt� t t tt.�, Phune Mike • • w • 1 TroMonteleort�• • tt tl tt �� Smith tt (ianh Paul Le •;• n Van Secrest � 1 �z L X • uuRteotta 1 1 l - I in i I war r-rdi AMMMI ® WE PLAN "w i I A �s� l�, � F 11 w-u)L www.clubrouge.com 10142 Adams Ave. Phone: (714)593-3346 Huntington Beach, CA 92646 Club (714) 593-3276 tont�u�`n Fax: (714)593-3286 Hello Neighbor, We have taken many measures to create goodwill amongst neighbors. This includes ensuring that neighbors both commercial and residential, are not infringed upon by our business. Since our last survey we have made many renovations to our building and logistical changes for crowd control. We have further sound proofed the building as well as blocking off the overflow parking lot on the south end of the vacant building to minimize noise from our customers. Please answer the following questions to help us maintain an environment that is neighborly and courteous. 1. Have there been or are there any noticeable noises? For example: noise that would keep you awake? IV6J%jt 2. If so: what specifically? Loud music? Loud people? Loud vehicles? �lo IN 3. Since the last survey have there been any noticeable improvements? NOlJ0- AlU pal S5 Thank You for your cooperation in helping-us to be good neighbors. 5� - fnon1W C) Lcxw5or Lune (c) www.clubrouge.com com 10142 Adams Ave. Phone: (714)593-3346 Huntington Beach, CA 92646 Chub ""j .(714) 593-3276 du��n ge Fax: (714)593-3286 Hello Neighbor, We have taken many measures to create goodwill amongst neighbors. This includes ensuring that neighbors both commercial and residential, are not infringed upon by our business. Since our last survey we have made many renovations to our building and logistical changes for crowd control. We have further sound proofed the building as well as blocking off the overflow parking lot on the south end of the vacant building to minimize noise from our customers. Please answer the following questions to help us maintain an environment that is neighborly and courteous. 1. Have there been or are there any noticeable noises? For example: noise that would keep you awake? 2. If so: what specifically? Loud music? Loud people? Loud vehicles? N � 3. Since the last survey have there been any noticeable improvements? Thank You for your cooperation in helping us to be good neighbors. /Qa�PLf Q 'el'lZler • i www.clubrouge.com 10142 Adams Ave. Phone: (714)593-3346 Huntington Beach, CA 92646 Chub (714) 593-3276 tilt A go Fax: (714) 593-3286 Hello Neighbor, We have taken many measures to create goodwill amongst neighbors. This includes ensuring that neighbors both commercial and residential, are not infringed upon by our business. Since our last survey we have made many renovations to our building and logistical changes for crowd control. We have further sound proofed the building as well as blocking off the overflow parking lot on the south end of the vacant building to minimize noise from our customers. Please answer the following questions to help us maintain an environment that is neighborly and courteous. 1. Have there been or are there any noticeable noises? For example: noise that would keep you .awake? d 1 2. If so: what specifically? Loud music? Loud people? Loud vehicles? u � 3. Since the last survey have there been any noticeable improvements? Thank You for your cooperation in helping us to be good neighbors. www.clubrou e.c�om 10142 Adams Ave. Phone: (714) 593-3346 Huntington Beach, CA 92646 Club t""j (714) 593-3276 Q Fax: (714)593-3286 t�dtat i Hello Neighbor, We have taken many measures to create goodwill amongst neighbors. This includes ensuring that neighbors both commercial and residential, are not infringed upon by our business. Since our last survey we have made many renovations to our building and logistical changes for crowd control. We have further sound proofed the building as well as blocking off the overflow parking lot on the south end of the vacant building to minimize noise from our customers. Please answer the following questions to help us maintain an environment that is neighborly and courteous. 1. Have there been or are there any noticeable noises? For example: noise that would keep you awake? �v 2. If so: what specifically? Loud music? Loud people? Loud vehicles? 3. Since the last survey have there been any noticeable improvements? Thank You for your cooperation in helping us to be good neighbors. C 20 02- L 0.wsat, Z.- 't'7 V-9 www.clubrou eg com 10142 Adams Ave. Phone: (714) 593-3346 Huntington Beach, CA 92646 (714) 593-3276 ChubNo 6 Fax: (714) 593-3286 Hello Neighbor, We have taken many measures to create goodwill amongst neighbors. This includes ensuring that neighbors both commercial and residential, are not infringed upon by our business. Since our last survey we have made many renovations to our building and logistical changes for crowd control. We have further sound proofed the building as well as blocking off the overflow parking lot on the south end of the vacant building to minimize noise from our customers. Please answer the following questions to help us maintain an environment that is neighborly and courteous. 1. Have there been or are there any noticeable noises? For example: noise that would keep you awake? 2. If so: what specifically? Loud music? Loud people? Loud vehicles? No 3. Since the last survey have there been any noticeable improvements? i Thank You for your cooperation in helping us to be good neighbors. C � , www.clubrouge.com 10142 Adams Ave. Phone: (714)593-3346 Huntington Beach, CA 92646 Club (714) 593-3276 • Q Fax: (714)593-3286 Hello Neighbor, We have taken many measures to create goodwill amongst neighbors. This includes ensuring that neighbors both commercial and residential, are not infringed upon by our business. Since our last survey we have made many renovations to our building and logistical changes for crowd control. We have further sound proofed the building as well as blocking off the overflow parking lot on the south end of the vacant building to minimize noise from our customers. Please answer the following questions to help us maintain an environment that is neighborly and courteous. 1. Have there been or are there any noticeable noises? For example: noise that would keep you awake? 2. If so: what specifically? Loud music? Loud people? Loud vehicles? 'Tr45- cleat to 3. Since the last survey have there been any noticeable improvements? Thank You for your cooperation in helping us to be good neighbors. www.clubrou eg com 10142 Adams Ave. Phone: (714)593-3346 Huntington Beach, CA 92646 Cisu (714) 593-3276 4 8e Fax: (714)593-3286 Hello Neighbor, We have taken many measures to create goodwill amongst neighbors. This includes ensuring that neighbors both commercial and residential, are not infringed upon by our business. Since our last survey we have made many renovations to our building and logistical changes for crowd control. We have further sound proofed the building as well as blocking off the overflow parking lot on the south end of the vacant building to minimize noise from our customers. Please answer the following questions to help us maintain an environment that is neighborly and courteous. 1. Have there been or are there any noticeable noises? For example: noise that would keep you awake? guy- M u51C ti tIT 'R-If iBL a-J 2. If so: what specifically? Loud music? Loud people? Loud vehicles? PI,E -MI-Ki,,IG, . yfU-jJ6 SaME UbllcLLS 3. Since the last survey have there been any noticeable improvements? MA4 kPYt 1M(&Q1D W lF AOY Ar—I ALL Thank You for your cooperation in helping us to be good neighbors. pe�2 Lp.AyL)A) LAtiE www.clubrouge.com 10142 Adams Ave. Phone: (714)593-3346 Huntington Beach, CA 92646 Chub (714) 593-3276 ,I i t e Fax: (714)593-3286 Igo Hello Neighbor, We have taken many measures to create goodwill amongst neighbors. This includes ensuring that neighbors both commercial and residential, are not infringed upon by our business. Since our last survey we have made many renovations to our building and logistical changes for crowd control. We have further sound proofed the building as well as blocking off the overflow parking lot on the south end of the vacant building to minimize noise from our customers. Please answer the following questions to help us maintain an environment that is neighborly and courteous. 1. Have there been or are there any noticeable noises? For example: noise that would keep you awake? 2. If so: what specifically? Loud music? Loud people? Loud vehicles? UZ Ve h ` 3. Since the last survey have there been any noticeable improvements? 140 v►1u� ! / Thank You for your cooperation in helping us to be good neighbors. Zvr www.clubrouge.com 10142 Adams Ave. Phone: (714)593-3346 Huntington Beach, CA 92646 Cju (714) 593-3276 #td u 1.2 g¢ Fax: (714)593-3286 Hello Neighbor, We have taken many measures to create goodwill amongst neighbors. This includes ensuring that neighbors both commercial and residential, are not infringed upon by our business. Since our last survey we have made many renovations to our building and logistical changes for crowd control..We have further sound proofed the building as well as blocking off the overflow parking lot on the south end of the vacant building to minimize noise from our customers. Please answer the following questions to help us maintain an environment that is neighborly and courteous. 1. Have there been or are there any noticeable noises? For example: noise that would keep you awake? 2. If so: what specifically? Loud music? Loud people? Loud vehicles? Lc�b t"r•�? , layer `F� � 3. Since the last survey have there been any noticeable improvements? No , ASS (ac�i�w lN� +�� $,` �,�4, �)�� 1►�� C�a��v. Thank You for your cooperation in helping us to be good neighbors. Jul -13-04 08:45P OR=EL 62 93 3431 P.06 www.clubrou eg com 10142 Adams Ave. Phone: (714)593-3346 Huntington Beach,CA 92646 Club (714)593-3276 dut�n gig Fax: (714)593-3286 NOISE SURVEY Date: 21 I3/D 4 Has the Music volume level at Club Moulin Rouge ever bothered you? No Have you ever had to call the HB Police Department regarding the Music volume level? Besides the music volume, is there any other Noise complaint you may have? tj Have you ever had to call the HB PD regarding the Noise complaint you had above? When, if at any time durir g business hours, is the noise volume the loudest? � Is there any ot her compla:ntyouu may have regarding Club Moulin Rouge. Comments: 01BAJ'T 440 OU \)UC- EJs,- -NAM MUSi!c_ - nl U czmfulijrs i Name: I4i tJ D fle n1GrTOr�? Address: ` aDci I y 1 VA C. P_ �r6�eA= Club MODUN RouGE,LLC. Jul-13-04 08:45P O T L 626-293 3431 P.05 www.clubrouge.com 10142 Adams Ave. Phone: (714)593-3346 Huntington Beach, CA 9264E Club. (714)593-3276 "tooRouge Fax: (714)593-3286 NOISE SURVEY Date: I t ri0 4 Has the Music volume leN el at Club Moulin Rouge ever bothered you? N � Have you ever had to call the HB'Police Department regarding the Music volume level? �j Besides the music volume,is there any other Noise complaint you may have? _W-V,�ti-tr LOT 00 5' j vtT- AT xk&*ir Have you ever had to call the HB PD regarding the Noise complaint you had above? pd l RIOT CitXi To Do I r When, if at any time durij.g business hours, is the noise volume the loudest? A FTCiL i 7,0 M-1 Is there any other compla:nt you may have regarding Club Moulin Rouge? _ r I Comments: -HAVIT -rcQ9cq'f w.14T:g To MOT Art&owi r zmT- Lte. . paT n j/6,L-rU nJ EVEg4 'f(Me, 1'1' +IhS PVF�AJ f1wTTeAL Lke.T 4�yjjir cF WC- V-S AFTOL LoiJFS tNSTM�.e'� Pl�� To Stet: T�fA-T MD��I�J Cec.f,E' ji T�T.vtr 'ru tAR-R�C.T P�.oW„QMg, Name: A L.J-N 4 P r uz�' _ Address: P- Club MOULIN ROUGE,LLC. Jul-13-04 08:44P ORTEL 6 6 293 3431 P.04 • www.clubroug_e.com 10142 Adams Ave. Phone: (714)593.3346 Huntington Beach,CA 9264( Club R (714)593-3276 �nulin 98 Fax: (714) 593-3286 NOISE SURVEY Date: 7 f 13 I o4 Has the Music volume lei el at Club Moulin Rouge ever bothered you? N� Have you ever had to call the HB Police Department regarding the Music volume level? rJ(7 Besides the music volume,is there any other Noise complaint you may have? Have you ever had to call the BB PD regarding the Noise complaint you had above? 00 When, if at any time during business hours, is the noise volume the loudest? Is-there any other compla-nt you may have regarding Club Moulin Rouge?- - t�J Comments: --H"f T Az icxl� w/tJs j f..+r 6&9-& 4J44,o e,t c ;ze � UP w/f s o y^ D MOD ,ern,� c,Aag T-40" 844-k-A4c i.o7 Name: +`D'4V I D J(l IC�f-"Lw"A Address: ' V/i< 44 . A- I Club MOu11N ROUGE,LLC. Jul-13-04 08:4.6P ORTEL 626-293 3431 P. 10 www.clubrouge.com com 10142 Adams Ave. Phone: (714)593-3346 Huntington Beach, CA 9264E Club (714)593-3276 till R 9e Fax: (714)593-3286 NOISE SURVEY Date: 7/(0I a4 Has the Music volume leN el at Club Moulin Rouge ever bothered you? NO Have you ever had to call the HB Police Department regarding the Music volume level? NU Besides the music volume, is there any other Noise complaint you may have? LOUD I4 PAf-y-iArts t or T;a45 c eE�c,►�jnr�s Have you ever had to call the HB PD regarding the Noise complaint you had above? y Es When, if at any time during business hours,is the noise volume the loudest? Af"tclL 2. a-M Is there any other compla:nt you may have;regarding.Club Moulin Rouge? ND i Comments: 'T-+l lFgtGs r-0-2- CaN c S i Aj PAoLywA 7r Lo i -N AfPY a-i 2F fc D DE�.1 N7f f P.EN 0 Vi4Tf AJ7� Name: 'tIp*lJN- VAN Address: 2oOq I LA-*/SOS i ij Club MODUN ROUGE,LLC. Jul-13-04 08:46P ORTEL 626-293 3431 P.09 www.clubrouge.com 10142 Adams Ave. Phone: (714)593-3346 Huntington Beach, CA 9264E Chub . (714)593-3276 it P ge Fax: (714)593-3286 NOISE SURVEY Date: Has the Music volume leN el at Club Moulin Rouge ever bothered you? N� Have you ever had to call the HB Police Department regarding the Music volume level? NO Besides the music volume, is there any other Noise complaint you may have? Have you ever had to call the HB PD regarding the Noise complaint you had above? yl:s When, if at any time durir g business hours,is the noise volume the loudest? IIPM on Is there any other complai nt you-may_have,regarding Club.-Moulin Rouge? _ NO Comments: PFOpi.E Aiz Loop in1 9Me.►6w LET iA-Tr +ioo'Rs mar NDrs11. (AfTeV..z A- n\ S mot/ ub Do of o pezj 'UE&O 'TO &ST SEC,-rtiTY TO GET PAT00isd -CQ ��►� �tNsn�-rEz�_' I Name: Address: 0 5 ( LAVISyn) UQ Club MOWN ROUGE,LLC. Jul-13-04 08:45P ORTEL 62 -293 3431 P.O7 • www.clubrouge.com 10142 Adams Ave. Phone: (714)593-3346 Huntington Beach, CA 9264( GIub (714)593-3276 �itt .2 9 Fax: (714) 593-3286 NOISE SURVEY Datc: 71 t 3/O4 Has the Music volume level at Club Moulin Rouge ever bothered you? N � Have you ever had to call the BB Police Department regarding the Music volume level? Nj Besides the music volume, is there any other Noise complaint you may have? rJ v Have you ever had to call the HB PD regarding the Noise complaint you had above? rj O When, if at any time durir g business hours, is the noise volume the loudest? - - -Is-there any-other.complaint you may have regarding Club Moulin Rouge? NO Comments: -RAS, b )-o ut/5 Sty DD6jctit'T -my:A4 kaTT�Mar t 6L;T Jl At N bcLl-$ c,nMP,hW "0JT h1AQ ;.,6J_84>0 PA-KJ ARr ter Ma S Ar T A!;;Qw ,A N crE ats Name: Htr_ motiTE roomy Address: 2oc22-_._L��t1SOnl taV 41 Club MODUN ROUGE,LLC. Jul-13-04 08:46P ORTEL 6W293 3431 P.08 www.clubroup-e.com 10142 Adams Ave. Phone: (714)593-3346 Huntington Beach, CA 9264( ClLjb (714)593-3276 • e Fax: (714)593-3286 11'1�utin � � NOISE SURVEY Date: 71 i 3 l o 4• Has the Music volume leN el at Club Moulin Rouge ever bothered you? t')U Have you ever had to call the HB Police Department regarding the Music volume level? NO Besides the music volume, is there any other Noise complaint you may have? P ►� &y(r l.V i b E I fJTAr 140 6!j PLmL'jjZr c uT Have you ever had to call the HB PD regarding the Noise complaint you had above? �jo When, if at any time durir g business hours,is the noise volume the loudest? there any other complaint you may have regarding Club Moulin Rouge?:-.....--- 0o Comments: — CAr l A 7b -J1 A ph -Fr4- L&TE 01"T pig Tv R,t4,J cL-S A l o T e'F E 1&H 6aL -N"e Arba y T 'r4tz- N i g 1 4 QA"i ng, Ln-r l4 D Gro TTgJJ 6*rreit &u T 5 Tr u_ a CxD 'C') 1,X4 PR-o ur; Name: PA U SFC QEST Address: 'LDO 5 7. t-AWSW LtJ Club MOULIN ROUGE,LLC. www.clubrouge.com • • 10142 Adams Ave. Phone: (714) 593-3346 Huntington Beach, CA 92646 (714) 593-3276 C��b ` e Fax: (714) 593-3286 11'1n�ltn � g Security Incident Report Date: May 6,2004 Incident Date: 5-5-04 Incident Time: 11:30 pm Officer Name: Kayano (HB Police) Badge#: Description of Problem: Officers were called by residences regarding noise level of the club. Security Chief Tam Nguyen and officer Kayano walked around the perimeter of the building to ascertain the noise level and deemed it compliant. Officer Kayano asked the level to be turned down more to keep in compliance with the Entertainment license. Manager Duc Hien complied with officer's request fully. Tam Nguyen, Security Chief ~ Club Moulin Rouge, LLC. Club MOULIN ROUGE,LLC. www.clubrouge.com • • 10142 Adams Ave. Phone: (714)593-3346 Huntington Beach, CA 92646 (714) 593-3276 CILib ` Q Fax: (714) 593-32.86 Security Incident Report Date: 5-12-04 Incident Date: 5-12-04 Incident Time: 12:06 am Officer Name: Martin (HBPD) Badge#: Description of Problem: The usual neighbor complained about the noise again. Officer Martin determined that the noise did not exceed any official or unofficial levels. Moulin Rouge however turned the music down . as a show of courtesy and good neighborliness. ` Tam Nguyen, Security Chief Club Moulin Rouge, LLC. Club MOULIN ROUGE,LLC. www.clubrouge.com • 10142 Adams Ave. Phone: (714) 593-3346 Huntington Beach, CA 92646 (714) 593-3276 Cjub a Fax: (714) 593-3286 tin Security Incident Report Date: 6-6-04 Incident Date: 6-6-04 Incident Time: 12:02 am Officer Name: Phares (HBPD) Badge#i 1013 Description of Problem: A noise complaint. Officers went with manager Vu Tran to determine if the noise was audible near residential areas. Officers determined that there was not excessive noise and left. Tam Nguyen, Security Chief Club Moulin Rouge, LLC. Club MOULIN ROUGE,LLC. www.clubrouge.com • 10142 Adams Ave. Phone: (714) 593-3346 Huntington Beach, CA 92646 (714) 593-3276 Chub -, Q Fax: (714) 593-3286 11'ld1iltn A Security Incident Report i Date: 6-22-04 Incident Date: 6-20-04 Incident Time: 12:05 am Officer Name: Hill and Pricer (HBPD) Badge#: Description of Problem: Two girls were assaulted by two other girls. When security separated them, their male friends tried to assault security. One party was escorted out and once in the parking lot refused to leave. When security asked them to leave the premises, they became belligerent and tried to fight.' Police were called to insure that they left the premises. When they saw officers they left the premises. The call was placed by Tam Nguyen. *On a related note. When the two girls who had been assaulted came out they filed a complaint with the police. Tam Nguyen, Security Chief Club Moulin Rouge, LLC. Club MOULIN ROUGE,LLC. www.clubrou eg com • • 10142 Adams Ave. Phone: (714) 593-3346 Huntington Beach, CA 92646 (714) 593-3276 vub a Fax: (714) 593-3286 i1'l�u�in � g Security Incident Report Date: 6-24-04 Incident Date: 6-24-04 Incident Time: 12:35 am Officer Name: Kayano and Martin (HBPD) Badge#: Description of Problem: 4 squad cars showed up. Officer Martin said a female had called from a payphone in Fountain Valley saying there was a fight at Moulin Rouge. There was no fight. Officers walked inside to confirm and left without incident. Tam Nguyen, Security Chief Club Moulin Rouge, LLC. Club MOULIN ROUGE,LLC. • E = ~Y ra a� 1 MOULIN ROUGE Iffiat@ 10142 Adams Avenue Huntington Beach,CA 92646 April 12,2004 Chief Kenneth W. Small Chief of Police CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Re: Moulin Rouge Restaurant:File 47-3788238 Dear Chief Small: I apologize that this letter is arriving several weeks after you had originally sent the enclosed letter to us at Moulin Rouge Bistro. Unfortunately, due to postal delivery problems with your original letter,we were not able to receive it until later in March,at which time I was out of town. In any case, first, we wish to assure you that we at Moulin Rouge Bistro have always tried to operate our business in the most friendly and unobtrusive manner possible. It is our intention to be an asset to the community and to try our best to provide an attractive and safe environment. Moreover, noise transmission has always been a concern for us, and we have tried to keep all noise transmissions to a minimal. Back in February, at the City's urging, we spent many thousands of dollars, which was a financial hardship to our business, to hire a sound proofing expert to inspect our establishment and to install additional sound proofing materials in order to further minimize our noise transmission. Please be assured that our staff have tried, and will continue to try, their best to minimize any noise transmission or any adverse impact upon nearby residences. Second, we would like to clarify a few issues of fact related to the incidents referenced in your enclosed letter dated February 3, 2004. As part of our standard operating procedures, our managers are required to provide a Security Incident Report for each incident which involve any customer disputes or altercation. Based upon our report regarding the incidents on January 18, 2004 (which was sent to us on January 23, 2004 via e-mail, a copy of such e-mail transmission is attached for your information), we respectfully wish to clarify the following facts: 1. We believe that at or about 12:00 A.M. on the night of January 18`h, our security staff took the initiative to wave down a Huntington Beach police officer while he was on patrol in the area, in order to request his assistance. 2. At the time the officer's presence was requested, there was an altercation between several patrons which were scattered in various areas_of the parking lot. Our staff tried to contain the situation to the best of their ability; however, sensing that the situation may grow beyond their control,they asked for police assistance. The officer which came on the scene called for back-ups, and between six (6) to eight (8)squad cars arrived at the scene to diffuse the situation. 3. We would also like to clarify that the incident was not an altercation between security and patrons. Our security members were trying to separate the combatants and control the situation. -Additionally, our security staff does constantly monitor both the premises and the parking lot during the hours of entertainment; however, when there is an altercation, the staff members need to stop their patrol and move to a more strategic position near the front door to contain such situation and to control the flow of the crowd from inside and outside of the premises. 4. We have always placed, and will continue to place, an emphasis on.security. Thus, on weekend nights, we will have up to 14 security staff members on duty. This is more than three (3) times the minimum number of security staff which we are required to have under our license. 5. Please be assured that our staff is instructed to comply with all conditions in. our Entertainment Permit and our ABC license at all times. If there is any incident of non-compliance, we will take the necessary measures to rectify such situation. 6. Our additional sound proofing has been completed since February, and to the best of our knowledge, there has been no further complaints related to music or noise transmission from inside the establishment. Thus, although we have elected to pay the civil citation issued by your office, we respectfully dispute claims that we intentionally violated or disregarded any conditions on our entertainment or ABC licenses. Additionally, on a related issue, a nearby resident informed one of our staff member that he has been the person that made virtually all the noise complaints against us, mostly because he does like our establishment. This shed lights on our puzzlement as to why we had no noise complaints for many years, and all of a sudden, we get numerous noise complaints although we have not changed our operation. Regardless of any bias against our establishment, we will try our best to be a good neighbor and minimize any noise transmission from our restaurant. We would greatly appreciate the City's assistance and cooperation in our efforts. If you have any question or comment,please contact me at your convenience. Sincerely, i Vu Tran, Owner/Manager I Bill Pham From: Tam Nguyen[tiger chief@hotmail.com] Sent: Friday, January 23, 2004 4:47 PM To: Bill Pham; tiger chief@hotmaii.com Subject: MR incident report for 1-18-04 Incident report 1-1".doc Security incident report for 1-18-04 Learn how to choose, serve, and enjoy wine at Wine @ MSN. http://wine.msn.com/ 1 www.clubrou2e.com com • • 10142 Adams Ave. Phone: (714) 593-3346 Huntington Beach, CA 92646 Giub IN (714) 593-3276 oil ``n �e Fax: (714)593-3286 Security Incident Report Date: 1/23/2004 Incident Date: 1/18/04 Incident Time: 12:00 am to 1:OOam(estimated) Description of Problem: Around midnight an incident involving several groups of males erupted. The combatants numbered around 15 individuals. A Huntington Beach patrol officer was in the area and I waved him down. He asked if we needed help. I answered that his presence would be appreciated. The combatants were scattered in the parking lot and outside Moulin Rouge's front door. Security contained the incident within the property of Moulin Rouge. The combatants spilled out in several different spots in the parking lot, brazenly fighting in front of the patrol car. The officer called for backup and between 6-8 squad cars arrived. The police presence was enough to drive the combatants dispersing and leaving the vicinity. Around 8-10 officers remained in the parking lot until around 1:00 am. One young man at this time was asked to leave the club for rowdy behavior. He took offense to being banished and became aggressive with security and proceeded to make verbal threats, saying..."I will shoot you all." The officers were within earshot of the threats and arrested the man. Tam Nguyen, Security Chief Club Moulin Rouge,LLC. • i Bill Pham From: Bill Pham Sent: Thursday, April 01, 2004 6:47 PM To: 'rhedden@surfcity-hb.org' Subject: Noise from refrigerated truck at Moulin Rouge Bistro Officer Hedden: As we discussed earlier today,we at Moulin Rouge Bistro have always tried to operate our business in the most friendly and unobtrusive manner possible. We have also tried to the best of our ability to keep all noise transmissions to a minimal. Recently, at the City's urging,we spent many thousands of dollars,which has been a financial hardship to our business, to hire a sound proofing expert to inspect our establishment and to install additional sound proofing materials in order to minimize our noise transmission. I am aware that there has been a noise complaint with respect to the noise emission from a refrigerated truck which we have recently rented to save our food inventory from spoiling. Unfortunately,we needed to do some repair work on our food cooler facility this past week and needed the services of a refrigerated truck to save our food inventory. The use of this refrigerated truck is only temporary and since it is very expensive to rent,we also would like to stop using it as soon as possible. We hope to have our repair work done within the next few days. We will update you as soon as our repair work is completed. Please be assured that our staff have tried, and will continue to try, their best to park the truck in an area that is furthest away from any nearby residences. The compressor on the truck is not louder than the constant traffic noise on the adjacent streets. Moreover, we did not think the noise from the compressor on the truck would bother any nearby residents. Especially, since the Stater Brothers supermarket in our shopping center had operated a large Refrigerated Trailer next to our facility and the residential homes for many months without any complaint from residents or the City. Additionally, on a related issue, a nearby resident informed one of our staff member that he has been the person that made virtually all the noise complaints against us, mostly because he does like our establishment. This shed lights on our puzzle as to why we had no noise complaints for years, and all of a sudden,we get numerous noise complaints although we had not changed our operation. Regardless of any bias against our establishment, we will try our best to minimize any noise transmission from our restaurant and would greatly appreciate the City's assistance and cooperation in our efforts. If you have any question or comment, please contact me at your convenience. Bill Pham, Moulin Rouge Bistro 101) �- Re Cry t �e n4 ej A-VmF.:-1 0. cc, u'&?k CIO n s �1 r�l J�,ert art �; CO.�/0,'Mt� 1 Bill Pham From: Bill Pham Sent: Monday,April 19, 2004 5:11 PM To: 'rhedden@surfcity-hb.org' Subject: Refrigerated truck at Moulin Rouge Bistro Officer Hedden: Just wanted to let you know that the work on our cooler was completed this past week and we have ceased the use of the refrigerated truck. If you have any question or comment, please contact me at your convenience. Bill Pham, Moulin Rouge Bistro r 1 M®UUN ROUGE Mum 10142 Adams Avenue Huntington Beach,CA 92646 May 7,2004 Chief Kenneth W. Small Chief of Police CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach,CA 92648 Re: Moulin Roue Restaurant:File 47-3788238 Dear Chief Small: We have received your letter to Mr. Vu Tran dated May 4, 2004 regarding noise complaints against our establishment and wanted to assure you that we at Moulin Rouge Bistro have always tried to operate our business in the most friendly and unobtrusive manner possible. It is our intention to be an asset to the community and to try our best to provide an attractive and safe environment. Moreover, noise transmission has always been a concern for us, and we have tried to keep all noise transmissions to a minimal. Back in February, at the City's urging, we spent many thousands of dollars, which was a financial hardship to our business, to hire a sound proofing expert to inspect our establishment and to install additional sound proofing materials in order to further minimize our noise transmission. Please be assured that our staff have tried, and will continue to try, their best to minimize any noise transmission or any adverse impact upon nearby residences. . Moreover, we anticipate that our restaurant remodel will commence within the next few weeks. The exterior remodeling work will also include installation of additional sound proofing materials for exterior walls. Our sound proofing consultant believes that the additional exterior sound proofing, along with the interior walls sound proofing already.installed, should eliminate all sound transmission from our establishment. Thus, please be assured that we have and will continue to take all necessary steps to correct any and all problems at Moulin Rouge. Further more, please be assured that our staff is instructed to comply with all conditions in our Entertainment Permit and our ABC license at all times. If there is any incident of non-compliance,we will take the necessary measures to rectify such situation. Additionally, on a related issue, a nearby resident informed one of our staff member that he has been the person that made virtually all the noise complaints against us, mostly because he does like our establishment. This shed some lights on our puzzlement as to why we had no noise complaints for many years, and all of a sudden, we get numerous noise complaints although we have.not changed our operation. Regardless of any bias against our establishment, we will try our best to be a good neighbor and minimize any noise transmission from our restaurant. We would greatly appreciate the City's assistance and cooperation in our efforts. E t"' If you have any question or comment,please contact me at your convenience. Sincerely, V u Tran, Owner/Manager cc: Detective Krause BILL PHAM TELEPHONE (213)687-2136 I TELECOPIER 687-2149 TELECOPIER TRANSMITTAL DATE: June 11,2Q04 PAGES(incl.cover sheet): 1 RECIPIENT COMPANY PHONE FAX NO. Detective Krause HB Police Department 714-536-5994 714-374-1630 FROM Bill Pham MESSAGE Re: Moulin Rouge Restaurant Following our discussion yesterday,I reconfirmed with my staff regarding the facts related to the noise complaint against Moulin Rouge on Saturday,June 5,2004. My general manager,Mr.Vu Tran confirmed that at or about midnight on Saturday,two(2)Officers came to Moulin Rouge to investigate a noise complaint. Mr. Tran walked to the back parking lot with the two Officers,who followed in their police car. All three(3) parties listened and agreed that there was no noise problem. They also all agreed that the only loud noise was coming from the refrigerated trailer truck parked by the Stater Brothers store. The Officers informed Mr.Tran that the Police Report will indicate a call for service regarding noise,and NO noise problem was found. I wanted to follow-up to confirm that you will inquire with the two(2)Officers which responded to such noise complaint last Saturday. Your assistance and cooperation on this matter is greatly appreciated. Transmitting from(213)687-2149. If there are any problems,please call (213)687-2136. CAUTION: PRIVILEGED AND/OR CONFIDENTIAL INFORMATION THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS PROTECTED BY THE ATTORNEY-CLIENT AND/OR THE ATTORNEY/WORK PRODUCT PRIVILEGES AND MAY BE CONFIDENTIAL. IT IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL NAMED ABOVE,AND THE PRIVILEGES AND CONFIDENTIALITY ARE NOT WAIVED BY VIRTUE OF THIS HAVING BEEN SENT BY FACSIMILE.IF THE PERSON ACTUALLY RECEIVING THIS FACSIMILE OR ANY OTHER READER OF THE FACSIMILE IS NOT THE NAMED RECIPIENT,OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE NAMED RECIPIENT,ANY USE,DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR.PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE,AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S.POSTAL SERVICE. THANK YOU. CAPersonaKPham\FAX FORM.wpd - • E � aen.r" e M®UUN ROUGE Ihm 10142 Adams Avenue Huntington Beach,CA 92646 June 14,2004 Detective Krause CITY OF HUNTINGTON BEACH Police Department 2000 Main Street Huntington Beach,CA 92648 Re: Moulin Rouge Restaurant:File 47-3788238 Dear Detective Krause: On Saturday, June 12, 2004, a resident from the neighborhood behind the Moulin Rouge Restaurant came to the restaurant to inform my staff of the following: 1. The residents do not have any problem .with the music from our establishment. He expressly stated that they had not intended to complaint about the music. It was the police's department interpretation that there were noise complaints regarding music at our establishment;and 2. _ The residents do have complaints related to customers driving into the back parking lot and sometimes having loud music in their car as they drive up. This would be the problem that they would like to resolve with us. We informed this resident that we had been told by the City throughout the last few months that the music noise transmission from our establishment was the problem, and we-have worked very hard to rectify this situation. We have spent many thousands of dollars to install sound-proofing insulation to minimize the noise transmission from our establishment. If we had known of this issue earlier, we would have tried a different solution. We also informed him that we have previously tried to close off the back parking area. However, other businesses in the same shopping center did not want the back parking area closed, and on several occasions the police officers decided to move the traffic cones we placed to close off the back parking area. We informed the resident that we will most likely not be able to close the back parking area. However, we will increase our efforts to have the security staff move through the parking area to ask the customers to get out of their cars faster and to leave the parking lot promptly at closing time. He seemed to agree with our proposed solution. Now that we are aware of the actual source of the noise problem, we will also try to find additional solutions that will ease the car noise for these residents. Although it is impossible for us to control what music people are playing as they drive into our parking lot, we will try to formulate a way to • Ni In r control where they park and how long they stay in the parking lot. We hope to mitigate this noise problem as soon as possible. Unfortunately, my staff did not get the contact information for the resident who came to our restaurant; however, we hope to maintain a dialog to inform this resident and any others with the same noise issue, that we will try our best to mitigate the noise problem that they have now clarified for us. We would also appreciate the City's assistance on facilitating this dialog when the City is contacted by any surrounding residents. Additionally, as I mentioned in my previous letter, this resident confirmed to us that his neighbor had a private party with loud music a couple of weeks ago. I hope this information confirms for you and the City the recent reports made by our staff which indicated that there were no excessive noise from the in at our establishment and that on May 29th there was a private party with loud music at the house in back of our restaurant,which may have been the noise source. As always, we would greatly appreciate the City's assistance and cooperation in our efforts to resolve any problems related to our business operations. If you have any question or comment, please contact me at your convenience. Sincerely, Bill Pha , Owner/Manager a MOULIN ROUGE JUMM 10142 Adams Avenue Huntington Beach,CA 92646 June 27,2004 Detective Krause CITY OF HUNTINGTON BEACH Police Department 2000 Main Street Huntington Beach,CA 92648 Re: Moulin Rouge Restaurant:File 47-3788238 Dear Detective Krause: It is my understanding that on Saturday, June 26, 2604, Officer Hill came to our establishment on two separate calls regarding noise. I understand that the first time Officer Hill came to Moulin.Rouge he was pleased with our efforts to control the parking lot by closing the back parking area which is next to the homes behind our center. He was also please that there was not any loud noise emanating from our establishment. He even promised to "put in a good word" regarding our efforts to you. Since we had been very good at controlling any noise transmission from our establishment for the last several weeks, my staff immediately investigated the premises to determine if there is a new source for the sound leakage. They found that a potion of the roof covering had been removed for our remodeling and covered with a plastic tarp by our construction contractor without informing us of this fact. Sound was leaking through this area without any hindrance: My staff cut the music level in half to mitigate the sound leakage. However, since the music is so low, many customers left and there were less bodies in the club to absorb the sound and that caused more sound to leak through the roof. Which I presume is the cause for Officer•Hill to come back a second time regarding noise. Unfortunately, Officer Hill was not as pleased with my staff the second time. Which is completely understandable. My staff tried to inform Officer Hill that they had cut the music level in half and the noise leakage was from a portion of the roof covering that was removed. A condition which we will fix immediately,just not possible at that moment. However, Officer Hill was not in as good of a mood to hear any explanation. I had a meeting with my .staff earlier today regarding the noise incidents and I am writing to inform you that we will close the club for next few days to immediately mitigate any noise leakage from our premises and to allow our construction contractor to create a procedure for the remodeling work that will not cause additional noise transmission from our premises. As I assured you previously, our staff will take immediate action to identify and mitigate any problem related to our operation. As always, we would greatly appreciate the City's assistance and cooperation in our efforts to resolve any issue related to our business operations. If you have any question or comment, please contact me at your convenience. Sincerely, Bill Pham, Owner/Manager MEMORANDUM TO: Floyd G. Belsito, Esq. FROM: Bill Pham DATE: June 30, 2004 RE: MOULIN ROUGE BISTRO; July 17 Incident I apologize for not discussing with you regarding the noise incident on Saturday, July 17 earlier. Unfortunately, we were under the impression that is was not a an issue with the City. The events that occurred on July 17 are as follow: 1) At about 1:00 AM a group of about 8 to 10 patrons were getting rowdy and it looked like they were about to cause a fight. The security staff stepped in and moved the group outside of the premises. Once outside, this group was asked to leave. 2) The group was not happy and objected vigorously,but did moved to the parking lot to leave. While they were going to their car they were very loud in their objections. Once the security staff realized that they were parked near the residences and next to the parking lot that we had closed off for the night, we had about 8 security guards moved into the parking lot to ask them patrons to leave immediately. Again they objected very loudly with profanity,but did leave after a few minutes. 3) The staff was successful in getting the unruly patrons to leave the parking lot within 3-5 minutes. I believe that if Police Officers were present,they would not have been able to make the patrons leave any <.:: . . quicker. 4) Unfortunately, while they were leaving,these patrons were very loud and I'm sure that some residents must have heard them yelling their objections to being ejected from our premises. a 5) At or about 1:30, Police Officer Pricer came to our premises regarding a "loud music complaint". He stated that he was able to hear music 50 feet away. Our Manager informed Officer Pricer that we had monitored for music noise all night and were not able to detect any noise within 50 feet except for when doors are opened by customers (which is more frequent later in the night - more people leaving, more cigarette breaks). A copy of Officer Pricer's Incident Report is attached for your review. 6) However,we also monitored the noise level along the walls with the homeowners,and we are sure that there was ZERO music noise in such areas all night. Thus,we are fairly sure that any complaint about loud music would not be earnest or sincere. Officer Pricer left an incident report and left without any comment regarding the possibility that the loud music call was not sincere. 7) Since the Police Officer was at our premises and saw that there was no trouble and that everything was peaceful,and he did_not mention anything regarding the parking lot or the noise and commotion made by any patrons yelling,I am a little puzzled as to why Jennifer,the City Attorney,mentioned to you about some big fight happening at our premises on Saturday night. If the City had any concern regarding any disturbances, the Police Officer should have mentioned it to our staff so that they could properly address such question or concern with the Officer immediately. I met with our managers on Sunday,July 18,to discuss these events and it is my believe that a homeowner must have heard the customers that were ejected yelling in the parking lot and called in a complaint. About 15 minutes after the customers left,Officer Pricer arrived. We try to minimize the impact of the parking lot as much as possible, but the security staff has limited ability to force a person to get into his car and drive the car out of the parking lot. Short of having the ability to arrest everyone and throw them in a car and drive them off,the security staff has done a very good job of ASKING people to cooperate and leave. If you have any questions or need further information,please call me. pi Licensee Incident Bar ❑ Liquor Store ❑ Convenience Mart Other Locat n (by Hamel L'7 f Address: Date 7.° t`3 L1 Time >O DR/CN#.`i �.. . j Detalls of Incident (briefly): / cite- Notev,The.Wormatlon below would be helpful,not mendetory. Person.an charge L# �f Llcense Issued.to: it Llcense Type: 20 21 40 42 . 47 48 61. (circle_) Operating Period To: Submitting Officer Pin.# .Squad Vice Detective Assigned . -� T y rr' i Huntington Beach Municipal Code 5.44.010-5.44.015(a) Chapter 5.44 RESTAURANTS—AMUSEMENT AND ENTERTAINMENT PREMISES (1265-12/66,1444-10/68,1454-12/68,3213-11/93,Urg.3247-8/94,Urg.3341-10/96,3449-2/2000) Sections: 5.44.010 Entertainment permit required 5.44.015 Entertainment restrictions 5.44.018 Beverage License—Minors on Premises 5.44.020 Definitions 5.44.025 Repealed—Ordinance 3213-11/93 5.44.030 Entertainment permit--Application 5.44.040 Permit—Application fee 5.44.050 Permit--Granting 5.44.060 Permit—Period valid 5.44.065 Permit—Notice to Applicant of Action Taken 5.44.070 Permit—Appeal of decision 5.44.080 Exclusions 5.44.090 Revocation and/or Suspension of permit 5.44.095 Revocation of Permit--Notice to Applicant of Action Taken 5.44.097 Revocation/Suspension--Appeal of Decision 5.44.100 Revocation of permit--Reapplication 5.44.010 Entertainment permit required. (a) No person shall provide or permit any type of entertainment in a coffee shop,restaurant, nightclub,or place where food or other refreshments are served and which is open to the public unless such person shall first obtain a permit to do so from the Chief of Police as hereinafter provided. ,(1265-12/66,1454-12/68,2541-3/82,3213-11/93) (b) Every establishment in the City of Huntington Beach is subject to the requirements of this chapter, if entertainment or dancing is conducted or proposed to be conducted in such establishment. (3213-11/93) (c) No entertainment or dancing will be allowed in any establishment,unless a permit therefor is granted, in compliance with the provisions of this chapter,and unless said establishment is in complete compliance with every other applicable law which may otherwise apply to the operation of the establishment. (3213-11/93) (d) The Issuance of a Sex Oriented Business Permit pursuant to Chapter 5.70 of this Code is applicable satisfies the entertainment requirement of this Chapter.A separate entertainment permit is not required. (Urg.3341-10/96) 5.44.015 Entertainment restrictions. The permuttee shall: (2/20n.0) (a) ensure entertainment provided is not audible beyond 50 feet from the exterior walls of the business in any direction; and(2/2000) 2/2000 5.44.015(b)—5.44.020(3) Huntington Beach Municipal Code (b) restrict the entertainment provided to that entertainment which is specified in the entertainment permit;and(v2000) (c) follow all other conditions as set forth in the entertainment permit and in the license as issued by the State of California Alcohol Beverage Control;and(2n000) (d) ensure that all areas of the business that are accessible to patrons shall be illuminated to make easily discernible the appearance and conduct of all persons in the business; and(2n000) (e) post the permit conspicuously in business premises. (3213-11/93,3449-2/2000) 5.44.018 Beverage License-- Minors on premises. No person conducting,maintaining or carrying on a business, or having charge or control thereof,which has entertainment on its premises shall permit to be admitted on such business premises any minor under the age of twenty-one years, if any alcoholic beverages are consumed,dispensed or sold on the premises,unless the minor is accompanied and under the care at all times of his parent or parents or legal guardian. (3449-2/2000) 5.44.020 Definitions. The following definitions shall be for purposes of this Chapter only, unless specifically adopted by another section of the Huntington Beach Municipal Code for use therein. (1265-12/66,2541-3182,3213-11/93) (a) Establishment(s). Except as otherwise provided, and for purposes of this Chapter,an "establishment" means any location within the limits of the City of Huntington Beach to which the public may be invited where alcoholic beverages are served. (3213-11/93) (b) Entertainment. As used in this Chapter, "entertainment"means a single event,a series of events,or an ongoing activity or business,occurring alone or as part of another business,to which the public is invited to watch, listen,or participate,or is conducted for the purposes of holding the attention of,gaining the attention of, or diverting or amusing guests or patrons, including,but not limited to: (3213-11/93) (1) (a) Any amusement or event such as live music or other performance which is knowingly permitted by any establishment subject to this chapter,including presentations by single or multiple performers, such as hypnotists,pantomimes,comedians,song or dance acts,plays, concerts,any type of contest; sporting events,exhibitions,carnival or circus acts, demonstrations of talent or items for gift or sale; shows,reviews,and any other such activity which may be attended by members of the public. (3213-11/93) (b) Live or recorded music where public dancing is permitted. (3213-11/93) (2) Any event controlled, conducted, sponsored, encouraged,or knowingly permitted,by an establishment subject to this chapter,which involves any of the activities described in the foregoing paragraphs which is presented by members of the public, whether or not the participants in said activities are compensated by the establishment. (3213-11/93) (3) Establishments which provide juke boxes,televisions,video games,video programs, or 2/2000 Huntington Beach Municipal Code 5.44.020(3)—5.44.030(b)(2) recorded music and no other entertainment,as herein defined,are not required to comply with the provisions of this chapter,unless the recorded music is played on equipment which is operated by an agent or contractor of the establishment for a period exceeding ten(10)minutes per hour. The intent of this section is to require a permit of establishments which provide that which is commonly known as a"DJ" and to exempt establishments which provide incidental or ambient music. (3213-11/93) (c) Dancing. "Dance and Dancing" is defined as movement of the human body, accompanied by music or rhythm, except however, "dance and dancing",as used in this chapter,means dancing by patrons only;any other form of dance is deemed"entertainment", as defined herein. (3213-11/93) (d) Patron(s). "Patron(s)" is defined as a member or members of the public who enter any establishment subject to this chapter,except as hereinafter provided. (3213-11/93) "Patron(s)" do not include: (3213-11/93) I (1) any agent,owner,employee or contractor of an establishment subject to'this chapter. Any person who indirectly or directly receives anything of value in exchange for his or her services rendered on behalf of such establishment shall be considered an "employee"hereunder; (3213-11/93) (2) any agent or representative of any governmental entity of any description whatsoever, including ad hoc boards,task forces, and commissions,provided that such agent or representative enters an establishment, acting in his or her official capacity on behalf of said governmental entity; (3213-11/93) (3) persons who conduct entertainment at the subject establishment. (3213-11/93) 5.44.030 Entertainment permit—Auolication. (3213-11193) (a) If a Conditional Use Permit, or any other entitlement,except a certificate of occupancy,is required for the use of any establishment which proposes to provide,or which does provide, entertainment or dancing,the provisions of this chapter shall be satisfied before application is made to the City for any such use permit or entitlement. The body before whom such entitlement application is heard shall not impose any condition inconsistent with the conditions imposed on a permit issued pursuant to this chapter. (3213-11/93) (b) Applicants for entertainment permits shall file a written, signed and acknowledged application with the Business License Department showing: (3213-11/93) (1) The true,full name and any other names, including aliases,used by the applicant, and the permanent address of applicant; (3213-11/93,3449-2/2000) (2) The days of the week, specific hours and address where the entertainment is proposed; (3213-11/93,3449-212000) 2/2000 5.44.030(b)(3)—5.44.030(17) Huntington Beach Municipal Code (3) The true,full name or names and any other names,including aliases of the person or persons having the management or supervision of applicant's business;(3449-Z'2000) (4) A statement of the nature and character of applicant's business, if any,to be carried on in conjunction with such entertainment;(3449-2/2ow) (5) Whether or not the person or persons having the management or supervision of applicant's business have been convicted of a crime,the nature of such offense, and the sentence received therefor;(3449-2m000) (6) Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business as the Chief of Police may deem necessary. (1265-12/66,1454-12/68,3449-2/2000) (7) A floor plan and site.plan showing the building interior and grounds, including parking spaces,and the dimension of each portion. (3213-11/93,3449-z2000) (8) A copy of any other licenses,permits,or entitlements issued to the applicant for this establishment or use by the State of California Alcoholic Beverage Control and any conditions pertaining to that license. (3213-11/93,3449-2n000) (9) A copy of all Conditional Use Permits for the premises. (urg.3247-8/94,3449-2/2000) (10)A copy of any other permits,or entitlements issued to the applicant for this establishment or use. (3449-2/2000) (11)A copy of any building or property lease or contract for the address for which the entertainment will take place. (3449-2/2000) (12)The name and address of the owner and lessor of the real property upon which the business is to be conducted. (3449-2n000) (13)Acceptable written proof that the applicant is at least eighteen(18)years of age. (3449- . 2/2000) (14)The social security number and state driver license or identification card number for the applicant. (3449-z2000) (15)The address to which the Entertainment Permit is to be mailed. (3449-2/2000) (16)A statement under oath that the applicant has read.and understands the provisions of this chapter. (3449-2n000) (17)A statement under oath that the applicant has personal knowledge of the information contained in the application and that the information contained is true and correct. (3449- 2n000) 2/2000 i • i Huntington Beach Municipal Code 5.44.040—5.44.050(8) 5.44.040 Permit—Application fee. A fee of two hundred dollars($200) shall be paid upon the filing of each application for a permit for the purpose of defraying the expenses incidental to the processing of the application. This fee amount shall be valid for a period of one year from the date of adoption of this ordinance. Thereafter the fee shall be set by resolution of the City Council. (1265-12/66,3213-11/93) 5.44.050 Permit—Granting. After the making and filing of the application,the Business License Department shall refer the matter to the Chief of Police for investigation and report thereon. The Chief of Police shall approve and issue an entertainment permit if the application and evidence submitted show that: (1265-12/66,1444-10/68,3213-11/93,urg.3247-8/94) (1) The granting of previous entertainment and other related permits to the applicant has not, in the past,resulted in the operation of a business or businesses which have created loud and/or unreasonable noise levels for that location, as regulated by Huntington Beach Municipal Code Section 8.40,or excessive disturbances to the surrounding environment such that calls for services to the Police Department have exceeded fifteen(15)in the preceding twelve(12) months,and (urg.3247-8/94) (2) The applicant or business has not been previously convicted of disturbing the peace and/or the creation of and failure to abate a nuisance as defined in the California Civil Code,or Huntington Beach Municipal Code Section 17.10, and(pry.3247-8/94,3449-2/2000) (3) The entertainment to be provided would not attract crowds considered large for that location, would not overwhelm the available police and safety services,and would not be incompatible with the surrounding environment, and(urg.3247-8/94,=000) (4) The premises within which the entertainment is to be presented shall provide sufficient sound-absorbing insulation such that noise generated within the premises shall not be in violation of Huntington Beach.Municipal Code Section 8.40 in relation to adjacent property or public right-of-way or within any other building or other separate unit within the same building,and (urg.3247-8/94) _ (5) Considering where the entertainment is to be presented and its proximity to other businesses, residences,and the surrounding environs,there exist possible effective means of mitigating the noise emanating from the*business to a level of insignificance and in compliance with Huntington Beach Municipal Code Section 8.40,and (urg.3247-8/94) (6) The place of entertainment is to be located in a zone permitting the proposed use under Chapter 211 of the Huntington Beach Ordinance Code,and (urg.3247-8/94) (7) All signage conforms to the requirements for that zone, and (pry.3247-8/94) (8) The granting of an entertainment permit would not violate other sections of the Huntington Beach Municipal Code or other applicable municipal, state, or federal laws, and (pry.324741/94, 3449-2/2000) 2/2000