Part 1 - Pleasant Hill

Attachment A-1
(r>'t~+ 1)
Planning Commission
staff report
January 13, 2015
Item 2
NINE GAMES ZONE (BILLIARDS & KARAOKE) ADDITION OF
ALCOHOL SERVICE & SALES - MINOR USE PERMIT
548 CONTRA COSTA BOULEVARD, SUITE M
PLN 14-0478
Project Planner:
Troy Fujimoto (925) 671-5224, [email protected]
Applicant:
Jing-Yan Shi, 324 2nd Avenue South, Pacheco, CA 94553
Owner:
John Tsern, 16 Morning View Drive, Newport Coast, CA 92657
I.
INTRODUCTION
A.
Project Description
The applicant is proposing to delete a condition of approval of Minor Use Permit
PLN 13-0347 (for a commercial recreation and live entertainment use, billiards and
karaoke use) in order to allow on-site alcohol sales and service. The condition
proposed to be deleted is as follows:
Condition No. 2: "Alcohol Sales and Service - No alcohol sales or service is
allowed as part of this project. The business shall not allow patrons to bring and
consume alcohol on-site. "
B.
Background
In 1976, the Architectural Review Commission approved application ARC 76-317
to build a 23,352 square foot retail center then called "Regency Plaza." In October
2013, an applicant requested a use permit to allow a karaoke and billiard facility at
the shopping center. Subsequently, in January 2014, the Planning Commission
approved a minor use permit for a karaoke and billiard use at the site with
accompanying signage approved by the Architectural Review Commission at a later
date. The business owner (Tiezhu "Denny" Yao) submitted a use permit to allow
sales and service of alcohol at the facility in September 2014. However, before the
City could render a decision on the request, the business owner withdrew the
request, based largely on the preliminary input provided by the Police Department
(see Attachment D). The application request to allow alcohol at the business was
recently resubmitted by a different applicant (Jing-Yan Shi) who will assume full
responsibility for compliance with all permit and license conditions. As reported to
staff, this new applicant is an associate of the previous business owner and recently
Nine Games Zone Alcohol Addition - Minor Use Permit
PLN 14-0374
Page 2
took over as the business owner. The original business owner's role will be as a
non-compensated consultant to the business and will not have any responsibility or
management of the business.
The business owner also applied for a building permit for a kitchen (this permit has
not been approved and the applicant has noted that the kitchen has not been
installed). The business received final occupancy clearance on November 6, 2014
and is currently in operation (without alcohol sales).
C.
Project Location
The property is located at 548 Contra Costa Boulevard, to the north of the Pleasant
Hill Shopping Center and south of Pep Boys. The business is located at the
northwest end of the site. The site is relatively flat and is located adjacent to the
Grayson Creek. Assessor Parcel Number: 153-030-089 & 090.
II.
GENERAL INFORMATION
A.
General Plan
The General Plan designates the site as Commercial & Retail.
B.
Zoning
The zoning designation is RB-Retail Business.
C.
Site Description and Existing Land Use
The 2.50 acre project site is developed with two commercial buildings. The
project would be located within the 23 ,3 51 square foot "L" shaped building. The
other building on the site contains a Lamps Plus retail store. Other tenants in the
center include a Chinese restaurant, futon store, fitness facility, a bar and a
personal service use (salon). The site is relatively flat, parking is located between
both building and rear of the site, the majority of landscaping is located at the
front of the property with trees and other landscaping scattered throughout the
parking lot.
·
·
D.
Surrounding Zoning and Uses
North
Zoning
RB - Retail Business
Uses
Retail Businesses
South
RB - Retail Business
Retail Businesses
Nine Games Zone Alcohol Addition - Minor Use Permit
PLN 14-0374
Page 3
E.
East
RB- Retail Business
Retail Businesses
West
MRL - Multiple
Family - Low Density
Multi-Family Residential and Grayson
Creek
CEQA Status
Pursuant to section 15301 of the Guidelines for the Implementation of the
California Environmental Quality Act (CEQA) of 1970, as amended, the proposed
project is determined to be a Class 1 categorical exemption because the project is
considered to not have a significant impact on the environment as the project
consists of a adding alcohol service and consumption to an existing commercial
recreation use and will not increase any capacity of the facility, thus, have a
negligible effect on the environment.
F.
Public Notice
Public noticing was sent to all property owners within 300 feet of the project site.
Staff received a comment letter when a similar request was previously made to
the City, but later withdrawn, and is provided in Attachment F.
III.
NECESSARY FINDINGS
A.
Use PermitFindings
Section 18.95.040 of the Zoning Ordinance requires the Planning Commission to
make specific findings for land use permit applications as follows:
i.
The proposed use will not be detrimental to the health, safety or general
welfare of persons residing or working in the neighborhood of the
proposed use; and
ii.
The proposed use will not be injurious or detrimental to adjacent or
property in the neighborhood or to the general welfare of the city; and
iii.
The proposed use is consistent with the policies and goals established by
the General Plan.
The following sections of the staff report address compliance with the findings
noted above.
Nine Games Zone Alcohol Addition - Minor Use Permit
PLN 14-0374
Page 4
IV.
ANALYSIS
A.
Use Permit Applicant Justification
The applicant's justification for the use permit is included in the ''Use Permit
Analysis" (Attachment E).
B.
Alcohol Service
The applicant is proposing to add alcohol service (beer and wine) to the facility.
The applicant has applied to install a kitchen that would provide food service for the
facility if alcohol service is approved. The applicant notes that their proposal to add
beer and wine service would complement and be similar to existing uses in the area.
The applicant also notes that the service of beer and wine would complement, and
be essential to the success of, the approved karaoke and billiards use.
The zoning ordinance does not require a use permit for service of alcohol in the
Retail Business - RB zone district; however, when this use permit was approved,
alcohol service was restricted by the Planning Commission, primarily due to
concerns raised by the Police Department regarding the original business owner's
suitability to conduct alcohol sales due to the owner's involvement in a previous
incident involving purchasing alcohol for an underage decoy.
The original
applicant agreed to this limitation on alcohol service when the use permit was
originally approved; however, the property owner and the original applicant have
indicated that alcohol service is crucial to the future success of this business.
There are seven existing businesses in the immediate vicinity of the use that
currently provide on-site alcohol service and/or sales (Jaguar Billiards, Moa BBQ,
Dama Sushi, Pollo Pollo & Glassy Liquor Smoke Store - all at 508 Contra Costa
Boulevard, CJ' s Saloon, Chef Choy - all at 548 Contra Costa Boulevard,) including
Jaguar Billiards and Karoke, a similar use in the adjacent County Square Shopping
Center. The nearest residential use is within approximately 200 feet of the use.·
In addition to City approval, the applicant will require a license from the State
Department of Alcoholic Beverage Control (ABC) to sell and/or serve alcoholic
beverages. Thus, if the Commission approves the proposed amendment to the use
permit, the applicant will still have to go through the State ABC process and satisfy
all applicable requirements to obtain an ABC license. The Police Department will
also provide its input directly to ABC as part of the ABC review process.
A security plan for the establishment was submitted by the business owner and
approved by the Police Department as required in the original use permit
(Condition No. 9). However, the security plan did not address the potential sale of
Nine Games Zone Alcohol Addition - Minor Use Permit
PLN 14-0374
Page 5
alcoholic beverages on-site; consequently, the applicant has submitted a revised
security plan for consideration.
The Police Department comments on the proposal are summarized below and noted
in Attachment D.
C.
Police DepartmentComments
The Police Department does not support the addition of service/sales of alcohol.
The main reason cited by the Police Department for the lack of support is that the
original business owner (Tiezhu Yao) was cited in 2013 for purchasing alcohol
for a minor at another location in Pleasant Hill (additional information on this is
provided in Attachment D). This individual is no longer the current applicant for
this permit, but will still be actively involved with providing non-compensated
consultation to the facility.
In response to the Police Department comments (Attachment E), the previous
applicant, working in conjunction with the property owner and an attorney,
prepared a response to address the concerns stated by the Police Department,
including a proposed justification for the City to consider approving a use permit
to allow alcohol service (Attachment E). · The proposal includes naming a new
person to be the permittee and ABC licensee in order to address the Police
Department's concerns regarding the original applicant. The new applicant (JingYan Shi) is an associate of the previous applicant (Teizhu Yao). The Police
Department continues to recommend denial of the amendment based on
information provided in Attachment D. The Police Department is likely to
continue to provide a negative recommendation to the ABC if this use permit
amendment is approved.
D.
Conformance with Use Permit Findings
As noted above, alcohol sales/service is a permitted use in the RB zone district;
therefore a use permit is not usually required. However, in this case, because the
original use permit approving the karaoke and billiards use (commercial recreation)
included a condition (agreed to by the original applicant) to restrict alcohol sales at
this location, an amendment is before the Commission for consideration to allow
alcohol service/sales. The findings for use permit approval include two findings
related to public health, safety and welfare and impact on surrounding properties. It
is the Police Department's view that the former applicant and the current applicant
(an associate of the former applicant) are not suitable alcohol permittees/licensees
as explained in the Police Department letter attached to this report. The former
applicant has provided a detailed justification and response to the concerns raised
by the Police Department and has proposed that a new individual (the current
Nine Games Zone Alcohol Addition-Minor
PLN 14-0374
Page 6
Use Permit
applicant) be the permittee/licensee to further address the Police Department's
concerns.
Note: The ABC is the State regulatory agency with primary responsibility for
implementation and enforcement of regulations pertaining to alcohol sales/service
and it will make the final determination regarding the applicant's proposal if the
Planning Commission determines that the proposed amendment should be approved
or conditionally approved.
E.
Conformance with General Plan
The following are the various General Plan Goals, Policies and Programs that are
potentially applicable to the proposed project:
a.
Community Development Policy 2A.
community at appropriate locations.
Encourage
uses
needed
by
the
There are numerous businesses in the area that serve alcohol including a bar,
and restaurants, as well as another karaoke and billiards facility in the adjacent
shopping center. There is also a physical separation (Grayson Creek) that
separates the existing business from nearby residential uses. However, if the
business is not operated in compliance with applicable laws, it could become a
detriment to the area, and it would be difficult to find that an unlawful
business is needed bythe community in any location.
b. Community Development Goal 4. Promote a City image that reflects the
community's diversity and high quality of life.
The applicant believes that providing alcohol service could enhance the
billiards and karaoke experience at the business, which could provide a
desirable commercial recreational use to complement other commercial uses
in the City. The Police Department is concerned ·that the use may not be
operated in compliance with applicable laws and could therefore become
detrimental to the community given the past history of the original applicant
and his continuing association with the current applicant.
c.
Community Development Goal 10. Provide high-quality police, fire and
emergency medical response and services.
If the applicant does not comply with alcohol service regulations, this may
result in additional Police related issues that may have an impact on police
services.
Nine Games Zone Alcohol Addition - Minor Use Permit
PLN 14-0374
Page 7
d. Economic Strategy Goal 2.
Create and maintain a dynamic and diverse
economic base.
The applicant is concerned that the billiards and karaoke business will not be
sustainable unless alcohol service is allowed. The billiards and karaoke
business tends to complement existing businesses in this area of the City (i.e.
existing restaurants, bars, other commercial nearby entertainment uses).
However, if alcohol service results in ongoing criminal activity, it would have
a detrimental effect on the local area and the economic base in that area.
e. Economic Strategy Goal 4. Enlarge the City's revenue base as necessary to
sustain and support the community.
The proposed addition of alcohol use would likely increase business and
revenues at the Nine Game Zone and result in increased revenues for the City.
However, if alcohol service results in ongoing criminal activity, it would have
a detrimental effect on the local area and could have a negative effect
consumer activity that may result in a decrease of revenues.
V.
RECOMMENDATION
Conduct the public hearing, consider the information provided in the staff report and the
testimony provided at the hearing and subsequently provide direction to staff to prepare a
resolution to approve the request or a resolution to deny the request.
VI.
ATTACHMENTS
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
Attachment
A
B
C
D
E
F
G
Location Map
Project Plans (from previous application)
Amended Security Plan
Pleasant Hill Police Department Comment Letter
Use Permit Analysis/Written Statement, submitted by the applicant
Public Comments
Public Hearing Notice
Attachment A
LOCATION MAP
548 CONTRA COSTA BOULEVARD
NINE GAMES ZONE
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N.T.S.
Attachment B
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Attachment C
9 Game Zone Security Plan
(Entertainment)
The 9 Grune Zone will offer billiard, karaoke, softer drink,
beer and wine.
Number/Utilization of Security Personnel
For 9 game zone, one in-house security person for each 100 patrons
shall be on duty. All security personnel shall be attired in a manner to
readily identify them as such. Security staff shall regularly patrol both
the women's and men's bathroom facilities. From the end of time and
for 30 minutes thereafter, one-half of all security personnel shall be
stationed outside the premises to assist and encourage patrons to leave
safely.
Control & Clearance of Parking Lot
Video cameras will be mounted to cover the entrance, exits and entire
premises. Tapes will be made available upon request to the Madison
Police Department. Security staff shall regularly patrol the immediate
exterior of the building at least once every half-hour, doing so on a
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random basis.
Unruly Patrons
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When a patron acts in a manner that is violent, abusive, indecent,
profane, boisterous- tlntg:or otherwise disorderly' security staff will
immediately contact the police and request that the police invoke the
provisions of the ordinance.
Patrons who are Intoxicated
Licensee, its agents, and employees, may not sell, dispense, or give
away alcohol to any person who is under the influence of alcoholic
beverages, nor shall such a person be permitted on the premises. When
a customer has been "cut off," the server will notify the other
employees. Management will support the server's decision to terminate
service to any customer. If a customer is too impaired to drive safely,
licensee will try to persuade the customer not to drive, and arrange for a
safe ride. If the customer refuses, management will notify the Madison
Police Department with a description of the person and the license plate
number of the vehicle, if possible.
Patrons Presenting False IDs
All identification cards used to prove age must be valid (i.e., may not
be expired), and must be government-issued. If the identification card is
expired or appears at all questionable to the employee, the employee
shall request a second form of identification. The employee shall make
sure that the individual purchasing the liquor resembles the
identification card. All employees are encouraged to ask purchasers
questions relating to their identification in order to verify the
information. If the employee checking an ID has a strong suspicion that
an ID is false, altered, or belongs to someone other than the person
presenting the ID, he/she shall confiscate the ID and tum it over to
management, to be presented to the police.
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Control/Supervision of Patrons under 21 (re:~ta~~~f~X~f~LL
applicants)
Licensee will request proof of age from any customer who appears to
be 30 years of age or younger, and will refuse service to any customer
who cannot produce adequate ID. When selling pitchers, ID will be
requested for each person receiving a glass. Separate types of glassware
will be used to distinguish alcohol drinks from non-alcohol drinks.
Circumstances under which the Police will be called
The police will be called, in a timely manner, any time management or
staff has information to believe a crime has been or is about to be
committed and/or whenever a threat of or act of violence occurs on the
premises or off premises in areas that would be considered in view or
earshot of the establishment.
Handling of Physical Disturbances, including Fights
Security or management will ask anyone who is fighting to leave. If
necessary, security or management will call the local law enforcement
agency for assistance. Licensee will permanently refuse admittance to
any chronic problem customer.
Emergency Plan in Case of Fire
Security staff will check all emergency exits every day. Ensure all exits
are clearly marked and that they are not blocked in any way. Ensure the
doors are not locked in any way. we have a panic bar alarm, every day
security staff checks to ensure it is working properly. This also prevents
people from unauthorized use of the door as an exit. Make certain the
area outside the door is clear of any obstructions. If there is any
possibility that a car can be parked in front of an emergency exit, the
doors should be checked by security staff throughout the
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a.) The business shall have a security/staff person who
shall be on the premises at all times during which the
business is open. This person who shall also periodically
check the outdoor premises to ensure that loitering is
minimized by business patrons in the area fronting the
business and in the parking lot. if there is only one security
person on duty at closing, this person needs to be in the
parking lot clearing people out.
b.) The video from the facility (interior and exterior
surveillance) shall be operating 24 yours a day, seven days
a week to assist with burglary prevention and detection.
c.) A burglar alarm and a safe (if daily receipts are kept
on-premises) shall be installed at the facility.
d. ) The Police Department shall be contacted every time
there is a fight at the facility.
Names and Dates of Birth of all employees in a
management capacity
Owner Name: Tiezhu Yao, DOB 06/14/1979
Manager Name: Scott McAdams, DOB 05/04/1968
C\il.R\
DEC 2 '~ ::14 \12)
Employees Names & Dates of birth: To be assigned upo \Er'u@gl!Z,.:i '.u.-\J·.
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Attachment D
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CITY OF PLEASANT HILL POLICE DEPARTMENT
MEMORANDUM
Date:
January 7, 2015
To:
Troy Fujimoto, Senior Planner
From:
Dan Connelly, Lieutenant
Subject:
9 Game Zone
The Pleasant Hill Police Department reviewed the recent application for an amendment to the
Use Permit at the 9 Game Zone, 1548 Contra Costa Blvd, Suite M. The amendment provides for
the sale of alcohol (beer and wine) at the business and the Police Department will not support the
amendment for the following reasons:
•
•
•
•
•
The applicant, Jing-Yan Shi, claims the previous owner, Denny Yao, transferred
ownership of the business to her
The two have a personal relationship (They identified themselves as boyfriend and
girlfriend)
Denny Yao will assume the role of a non-compensated consultant
There are no provisions in the transfer of ownership that prohibits Mr. Yao from
participating in the daily operation of the business, including performing the functions of
a bartender
Mr. Yao was cited on October 25, 2013 for purchasing alcohol for a minor in violation of
Business and Professions Code § 25658(a).
Mr. Yao appears to have a vested interest in the business. Mr. Yao's past behavior, as it relates
to his detention/arrest, displays poor judgment and a disregard for alcohol related laws. We are
concerned his past actions and decisions are a reflection of future behaviors. As a result, the
Pleasant Hill Police Department is opposed to granting the recommended amendment to the Use
Permit.
Please refer to the attached letter to the California Department of Alcoholic Beverage Control
dated January 9, 2014.
~-----------·---------Police Department
January 9, 2014
California Department of Alcoholic Beverage Control
Attn: Carolina Suson
1515 Clay Street
Oakland, CA 94612
I
RE: Applicant Tiezhu Yao,
9 Game Zone, 548 Contra Costa Bl, Pleasant Hill
Dear
I
Ms. Suson,
The Pleasant Hill Police Department has received and reviewed a copy of the application made by Tiezhu
Yao for a license to sell alcohol at his proposed business, 9 Game Zone, in Pleasant Hill. As such, there is
some information that I would like to pass along to you regarding Mr. Yao.
by the Pleasant Hill Police Department for
furnishing alcohol to minors [BP §25658(A)]. Specifically, Mr. Yao was approached by a police ''decoy"
On October 25, 2013, the applicant, Tiezhu Yao, was arrested
as he entered a liquor store and was asked to purchase alcohol. The "decoy" told Mr. Yao that she was
a minor
and unable to legally purchase alcohol. Mr. Yao agreed to purchase the alcohol for the minor.
Subsequently he went inside the business, purchased the alcohol, and provided it to the minor. He was
immediately contacted and arrested by the officers who were monitoring the transaction. At the time,
it was unknown to the officers that Mr. Yao was an applicant for a license to sell alcohol.
The actions of Mr. Yao are a reflection of his lack of moral and ethical standards, and an indication that
he is not genuine in his commitment to abide by the provisions of the raws relating to alcoholic
beverages.
We are concerned that his actions and decisions are an indication of past and future
behaviors. As such, the Pleasant Hill Police Department is opposed to Mr. Yao being provided with a
license to sell alcohol.
Thank you very much for your consideration in this matter. Please feel free to contact me if vou.have
any questions. My telephone number is 925 288-4633.
Sincerely,
I
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PLANNING DIVISION
CITY OF PLEASANT Hill
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CUMMING
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A PROFESSIONAL LAW CORPORATION
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TELEPHONE:
SUITE
714.432.6494
www. cumm in gandas
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FACSIMILE:
soc iates
MESA,
CA
92626
714.202.3162
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FILE No. 1177-5
WILLIAM R. CUMMING
DIRECT DIAL: 714.754.0120
E-MAIL: [email protected]
December 2, 2014
VIA E-MAIL ONLY
[email protected])
June W. Catalano
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Re:
Beer and Wine License for 9 Game Zone
Dear Ms. Catalano:
It was nice talking with you today. As we discussed, our law firm represents 9 Game Zone and
the related individuals associated 9 Game Zone, which include John Tsern and Tie-Zhu Yao.
From what I understand, on November 12, 2014, you met with Mr. Tsern, Mr. Tie-Zhu, and
others to discuss an application that was submitted to the California Department of Alcoholic Beverage
Control ("Application") on behalf of 9 Game Zone.
It is my understanding Lt. Dan Connelly with the City of Pleasant Hill Police Department sent
you a letter dated January 9, 2014 that recommended the Application be denied.
After reviewing Lt. Dan Connelly's letter and speaking with my clients, we have serious
concerns about the factual representations in the letter. In an effort to correct these misrepresentations,
Mr. Tie-Zhu prepared a detailed declaration under penalty of perjury to support the relevant facts
relating to the incident discussed in Lt. Dan Connelly's letter. I am hopeful the declaration will give us
an opportunity to better understand the facts.
Attached for your review is Mr. Tie-Zhu's declaration and the exhibits attached to the
declaration. This is the same declaration Mr. Tsern sent to you via e-mail on December 2, 2014 at
around 4:08 p.m. However, the declaration Mr. Tsern sent you did not have the attached exhibits.
June W. Catalano
December 2, 2014
Page 2
Thank you in advance for your thoughtful consideration to this letter and Mr. Tie-Zhu's
declaration. We will follow up shortly about the next steps in the process.
Sincerely,
William R. Cumming
Cumming & Associates, APLC
WRC:lks
Enclosures
cc:
John Tsern
Tie-Zhu Yao
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e acts t orth in this declaration.
In th vening of 0 tob r 25, 20l13 I went to ha e dinn at Me ican restaurant located at
1300 Contra Costa Boule ard, Suite 12 Pleasant Hi II, California. As was \ al king into
the
Lauran three w men approach d me and said they needed help.
They told me they fgFgot th ir id ntifieati n
and asked me to purchas beer ta star
loeat d next to the Mexican restaurant, I asked them how old they \i ere. In response they
·ts
•
•
reason thi written d l
said th y were older than 1 8 y
•
•
of age.
Jn China'. the legal age to pure has and drink alcohol is I 3 years old. J as not a are at the
time tha in California the legal age to purchase and drink ale; hol · 21. Bel i ving th. legal
a e w J 8 I agre d to purchase a ix p ck of' r, hi h is what they requested. M
deci 'r h to purchase beer w an act of k.indn
and I did not receiv any compensation.
t en walked mto the restaurant to have dinner,
'o my su rise, four poH emen alkcd into the restaurant, approached m and polit ly
k d m ·' to walk outside of the re taurant, Th police officers start d aski g tn qu ti n
about purehasing afcobol for the t ree ~ omen .. 1 did not understand most of their qu tion
and as confused about the enti situation,
After s ing me some qu snons the polic rn n ask d m to sign a Noti e to Appear and
told
e not to worry about the incident I signed ~e Notic to Appear not und r tanding
what 1t meant or' hat my re J)Ol sibillfies ere after I signed th docum nt. J later learn d
that becas
•
•
I signed the Notice to Appear; agr d to appear in court n D
mber 1 o
2013 at 725 Court treet, No. 127,Martin z, · allfornia 945~3.
ccompanied itb my attorney I ' ent to h c urt and J was given th opportunity to
participate in the C mrnuni.. ccountahility Program and de ided to do o.
On ebruary 3 201 • J received notice that I succes fully ompleted the Community
c unta ility Program. At1 ched us xhibit 2 is a tm and corr ct copy of a document
ntitlcd Succes ul Progt m ompletion.
In 20 l J,
cidt;d to invcs almost all of m mone int ( n en rt .. nmcnt
b inc s , lJ ·d 9 Game Zone r'Busin ss"). 9 Game L
pr i es ulripl
of service. inclu ing pool, kar eke, censol gaming etc, 1 found a
or the bu · nc
t 548 Contra o ta Boule ard. Pl c ant Hit , Cali o ia
o 5 4. In 2011. l en~ r d into·
•
•
.
c ear t
for th pr p rty.
onditional Us
rrnit 1d ~ ceived the C ific t
ttach
K hi it 3 is
J an correct opy of the
C rti fie ue of Occupan . From th tim I ente d into the lease. to the pre nt, 1
nt
approxirnat t $600 000 int r nt improvement' ork a the property d purchasing
equipm nt fr the Busi
he o ner fthe building also inv ted approximat ly
0
int the Bu i es .
Aft. r analvzin the in c.i l tor th Busin ss an consulting v 'th other profe ionals .. 1
conclu e th nJ
for th Busini ss to enerat nough in om to pay its e pens s is
to add b r and wine for .. t at th Busine ·s.
As a result I applied for a lieens ' ith the California Department f Alcoholic Beverage
C m rot to ser be ran VT in at h Busin ·
rnj applicati n, t. Dan onnelly . nt a le r dat d J uary 9, 2014 to the
parrment of Alcoh lie Beve
ontrol opposing my ap lication to lJ er
and in at th Business. ttached as Exhibit 4 i a true and corr ct copy ofth letter
T sine r ly app ciar and respect th Pleasant ill Polk Department and the servic s th y
perform for our community, ht th same tlrn 1 am seriousl troubl d bey the accusati ans
and fac
inaccuracie in L . Dan Conn Uy s Jett r and the 'ollowing explains why.
Fi
h
r states on October 25, 2013 r was arre ted by U1 PL asant H] l P lie
Depann n o furni hi g alco ol to minors ." Tfils is an unforrun t mi statement of the
tacts.
Attached as E hi bit 5 i · a docum nt entitled Certificate of Rel ase signed by 0 ffic rs M .
Ean1jas Md J'. Cernell. The l ttcr states the i ncident that occurred on October 25 2013 was
a "detention 9nJy1 an pot an arrest, Th di inction between ad tention and arrest is
importan
police officer ~ rief and curs ry'' h lding and e ioning f som one i a
d · tcntien, An xampl is a po-f JQe offlroar pu Jin o r a v hicl for running a red light. The
driver · s not
to leav , but th driver i al o not under arre uni ss th pollc o ic r
d ve aps probable cause for th~ arrest,
An an st. on th - 0ther hand. involves the pelic taking someone into custody through a
more ignifo;ant restraint on movement and the u peet is read his or h r Miranda right .
I\
I I. n t arrested u Ide th Mexican re taurant on October 25, 2013. The fa t
that L . Dan nnelly s L tt r fa)ls to make the important distinction be e n a d t ntion
and arre is troubling.
Second the letter states
a approached by sin le female "decoy' a I was ntering a
liquor store and was tol~ by the women that f I) she was minor and (2) unabl to legall_
pure
.,alo hol. That 1 not correct
Rath f wa approached by thre omen I
entering a Me. i an re urant and none
of h \ m n pecificall old
th y were unabl to Iegaily purchai alcohol. Th y told
1
me rl y \\
over 18 yea of
and l beli eved that was th L gal ag to pure
and
l
1
•
•
•
•
•
drink alco
1 in
ia becai
i8 i
t
e le al a e top rchase and drink alcohol in
Chin
onn 11 s le tt r . t s my actions on October 25 2013 pre nt
reflection of
mo tan ethi I star ards an an i di ation that h i not enuin in his
he provisi ns of the laws lating lo alcoholic beverages,"
C
JI 1" onclusio hould have had more factual support,
•
.
•
Dan Connelly nor peaking
ote the Jett r dated January
C nnelly i goi g to
opinion about my all g d Jack of moral nd
d d to di put an a. pit ion I submiti for lfcen to sell alcoh I at he
on bl at a mlnirnurn tot lk with me Iirst
that he has m
I standards and to ben t unde tand v hat
•
•
•
•
th um to in stiga e the r I
fi
e uld I m that Ih v
be en bu inc Ville in Pleasant Jill for ov t three yea . Prior to thi , I also operated
l r b in · fi rt
years in Ora ge ille. uri ng thi period of time l hav had no
is u w th any police department
ha: had m California dri er s J iceu for o r ix years and have n v r rec i d a
citation for a movi g vielatien,
am a la -abiding re ident with strong moral and ethical
d ds.
ln summary, I immigrated to the United States to fulfill a life-long dream. I invested my
Jlfi savings in the B ine and an t be success 1 In order t cov r then ces ary
expen es .. th Busin ~ needs to ha e the opportunity to sel I be r and wine and if that
op ortuniiy i deni d, the ;u in .. vill likely tail. That ould be a trernendou Joss to m
pe onally, my family and th landlord.
Because of th importance of th issues above I retained an attom y to . ist m in
preparing this declaration. My hope is that the California
pa.rtrn nt of Alcoholic
Be crag Con I will gi e careful and thoughtful c nsid ration to my application f r a
Iicense to sell beer and wine at th Business.
I declare und r nalty of perjury under the la\ of.th Sta
f alif rnia that the
Ioregolng is tru and correct.
this 25th d y of Nov mber 2014 l Pleasant Hilt
~~~~
Tie-Zhu-Yao
c;:;?
alitomla,
EXHIBIT 1
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